Illinois General Assembly - Full Text of HB5080
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Full Text of HB5080  102nd General Assembly

HB5080 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5080

 

Introduced 1/27/2022, by Rep. Michael Halpin

 

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

    Amends the General Provisions and State Employees Articles of the Illinois Pension Code. Provides that a special agent or special agent chief with the Securities Department of the Secretary of State may establish eligible creditable service under the alternative annuity provisions of the State Employees Article. Provides that an investigator for the Secretary of State or a special agent or special agent chief with the Securities Department of the Secretary of State may elect to establish eligible creditable service for up to 5 years of service as a person employed by a participating municipality to perform police duties under the Illinois Municipal Retirement Fund Article, a county corrections officer, or a court services officer under the Cook County Article by filing a written election and making a specified contribution. Provides that an investigator for the Secretary of State or a special agent or special agent chief with the Securities Department of the Secretary of State may elect to convert service credit under the State Employees Article to eligible creditable service under the alternative annuity provisions by filing a written election and making a specified contribution.


LRB102 24940 RPS 34195 b

 

 

A BILL FOR

 

HB5080LRB102 24940 RPS 34195 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Sections 1-160 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,
9on or after January 1, 2011, first becomes a member or a
10participant under any reciprocal retirement system or pension
11fund established under this Code, other than a retirement
12system or pension fund established under Article 2, 3, 4, 5, 6,
137, 15, or 18 of this Code, notwithstanding any other provision
14of this Code to the contrary, but do not apply to any
15self-managed plan established under this Code or to any
16participant of the retirement plan established under Section
1722-101; except that this Section applies to a person who
18elected to establish alternative credits by electing in
19writing after January 1, 2011, but before August 8, 2011,
20under Section 7-145.1 of this Code. Notwithstanding anything
21to the contrary in this Section, for purposes of this Section,
22a person who is a Tier 1 regular employee as defined in Section
237-109.4 of this Code or who participated in a retirement

 

 

HB5080- 2 -LRB102 24940 RPS 34195 b

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

 

 

HB5080- 3 -LRB102 24940 RPS 34195 b

1member or participant of an affected pension fund on or after 6
2months after the resolution or ordinance date, as defined in
3Section 1-162, unless that person elects under subsection (c)
4of Section 1-162 to receive the benefits provided under this
5Section and the applicable provisions of the Article under
6which he or she is a member or participant.
7    (b) "Final average salary" means, except as otherwise
8provided in this subsection, the average monthly (or annual)
9salary obtained by dividing the total salary or earnings
10calculated under the Article applicable to the member or
11participant during the 96 consecutive months (or 8 consecutive
12years) of service within the last 120 months (or 10 years) of
13service in which the total salary or earnings calculated under
14the applicable Article was the highest by the number of months
15(or years) of service in that period. For the purposes of a
16person who first becomes a member or participant of any
17retirement system or pension fund to which this Section
18applies on or after January 1, 2011, in this Code, "final
19average salary" shall be substituted for the following:
20        (1) (Blank).
21        (2) In Articles 8, 9, 10, 11, and 12, "highest average
22    annual salary for any 4 consecutive years within the last
23    10 years of service immediately preceding the date of
24    withdrawal".
25        (3) In Article 13, "average final salary".
26        (4) In Article 14, "final average compensation".

 

 

HB5080- 4 -LRB102 24940 RPS 34195 b

1        (5) In Article 17, "average salary".
2        (6) In Section 22-207, "wages or salary received by
3    him at the date of retirement or discharge".
4    A member of the Teachers' Retirement System of the State
5of Illinois who retires on or after June 1, 2021 and for whom
6the 2020-2021 school year is used in the calculation of the
7member's final average salary shall use the higher of the
8following for the purpose of determining the member's final
9average salary:
10        (A) the amount otherwise calculated under the first
11    paragraph of this subsection; or
12        (B) an amount calculated by the Teachers' Retirement
13    System of the State of Illinois using the average of the
14    monthly (or annual) salary obtained by dividing the total
15    salary or earnings calculated under Article 16 applicable
16    to the member or participant during the 96 months (or 8
17    years) of service within the last 120 months (or 10 years)
18    of service in which the total salary or earnings
19    calculated under the Article was the highest by the number
20    of months (or years) of service in that period.
21    (b-5) Beginning on January 1, 2011, for all purposes under
22this Code (including without limitation the calculation of
23benefits and employee contributions), the annual earnings,
24salary, or wages (based on the plan year) of a member or
25participant to whom this Section applies shall not exceed
26$106,800; however, that amount shall annually thereafter be

 

 

HB5080- 5 -LRB102 24940 RPS 34195 b

1increased by the lesser of (i) 3% of that amount, including all
2previous adjustments, or (ii) one-half the annual unadjusted
3percentage increase (but not less than zero) in the consumer
4price index-u for the 12 months ending with the September
5preceding each November 1, including all previous adjustments.
6    For the purposes of this Section, "consumer price index-u"
7means the index published by the Bureau of Labor Statistics of
8the United States Department of Labor that measures the
9average change in prices of goods and services purchased by
10all urban consumers, United States city average, all items,
111982-84 = 100. The new amount resulting from each annual
12adjustment shall be determined by the Public Pension Division
13of the Department of Insurance and made available to the
14boards of the retirement systems and pension funds by November
151 of each year.
16    (c) A member or participant is entitled to a retirement
17annuity upon written application if he or she has attained age
1867 (age 65, with respect to service under Article 12 that is
19subject to this Section, for a member or participant under
20Article 12 who first becomes a member or participant under
21Article 12 on or after January 1, 2022 or who makes the
22election under item (i) of subsection (d-15) of this Section)
23and has at least 10 years of service credit and is otherwise
24eligible under the requirements of the applicable Article.
25    A member or participant who has attained age 62 (age 60,
26with respect to service under Article 12 that is subject to

 

 

HB5080- 6 -LRB102 24940 RPS 34195 b

1this Section, for a member or participant under Article 12 who
2first becomes a member or participant under Article 12 on or
3after January 1, 2022 or who makes the election under item (i)
4of subsection (d-15) of this Section) and has at least 10 years
5of service credit and is otherwise eligible under the
6requirements of the applicable Article may elect to receive
7the lower retirement annuity provided in subsection (d) of
8this Section.
9    (c-5) A person who first becomes a member or a participant
10subject to this Section on or after July 6, 2017 (the effective
11date of Public Act 100-23), notwithstanding any other
12provision of this Code to the contrary, is entitled to a
13retirement annuity under Article 8 or Article 11 upon written
14application if he or she has attained age 65 and has at least
1510 years of service credit and is otherwise eligible under the
16requirements of Article 8 or Article 11 of this Code,
17whichever is applicable.
18    (d) The retirement annuity of a member or participant who
19is retiring after attaining age 62 (age 60, with respect to
20service under Article 12 that is subject to this Section, for a
21member or participant under Article 12 who first becomes a
22member or participant under Article 12 on or after January 1,
232022 or who makes the election under item (i) of subsection
24(d-15) of this Section) with at least 10 years of service
25credit shall be reduced by one-half of 1% for each full month
26that the member's age is under age 67 (age 65, with respect to

 

 

HB5080- 7 -LRB102 24940 RPS 34195 b

1service under Article 12 that is subject to this Section, for a
2member or participant under Article 12 who first becomes a
3member or participant under Article 12 on or after January 1,
42022 or who makes the election under item (i) of subsection
5(d-15) of this Section).
6    (d-5) The retirement annuity payable under Article 8 or
7Article 11 to an eligible person subject to subsection (c-5)
8of this Section who is retiring at age 60 with at least 10
9years of service credit shall be reduced by one-half of 1% for
10each full month that the member's age is under age 65.
11    (d-10) Each person who first became a member or
12participant under Article 8 or Article 11 of this Code on or
13after January 1, 2011 and prior to July 6, 2017 (the effective
14date of Public Act 100-23) this amendatory Act of the 100th
15General Assembly shall make an irrevocable election either:
16        (i) to be eligible for the reduced retirement age
17    provided in subsections (c-5) and (d-5) of this Section,
18    the eligibility for which is conditioned upon the member
19    or participant agreeing to the increases in employee
20    contributions for age and service annuities provided in
21    subsection (a-5) of Section 8-174 of this Code (for
22    service under Article 8) or subsection (a-5) of Section
23    11-170 of this Code (for service under Article 11); or
24        (ii) to not agree to item (i) of this subsection
25    (d-10), in which case the member or participant shall
26    continue to be subject to the retirement age provisions in

 

 

HB5080- 8 -LRB102 24940 RPS 34195 b

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

 

 

HB5080- 9 -LRB102 24940 RPS 34195 b

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

 

 

HB5080- 10 -LRB102 24940 RPS 34195 b

1less than zero) in the consumer price index-u for the 12 months
2ending with the September preceding each November 1, whichever
3is less, of the originally granted retirement annuity. If the
4annual unadjusted percentage change in the consumer price
5index-u for the 12 months ending with the September preceding
6each November 1 is zero or there is a decrease, then the
7annuity shall not be increased.
8    For the purposes of Section 1-103.1 of this Code, the
9changes made to this Section by Public Act 102-263 this
10amendatory Act of the 102nd General Assembly are applicable
11without regard to whether the employee was in active service
12on or after August 6, 2021 (the effective date of Public Act
13102-263) this amendatory Act of the 102nd General Assembly.
14    For the purposes of Section 1-103.1 of this Code, the
15changes made to this Section by Public Act 100-23 this
16amendatory Act of the 100th General Assembly are applicable
17without regard to whether the employee was in active service
18on or after July 6, 2017 (the effective date of Public Act
19100-23) this amendatory Act of the 100th General Assembly.
20    (f) The initial survivor's or widow's annuity of an
21otherwise eligible survivor or widow of a retired member or
22participant who first became a member or participant on or
23after January 1, 2011 shall be in the amount of 66 2/3% of the
24retired member's or participant's retirement annuity at the
25date of death. In the case of the death of a member or
26participant who has not retired and who first became a member

 

 

HB5080- 11 -LRB102 24940 RPS 34195 b

1or participant on or after January 1, 2011, eligibility for a
2survivor's or widow's annuity shall be determined by the
3applicable Article of this Code. The initial benefit shall be
466 2/3% of the earned annuity without a reduction due to age. A
5child's annuity of an otherwise eligible child shall be in the
6amount prescribed under each Article if applicable. Any
7survivor's or widow's annuity shall be increased (1) on each
8January 1 occurring on or after the commencement of the
9annuity if the deceased member died while receiving a
10retirement annuity or (2) in other cases, on each January 1
11occurring after the first anniversary of the commencement of
12the annuity. Each annual increase shall be calculated at 3% or
13one-half the annual unadjusted percentage increase (but not
14less than zero) in the consumer price index-u for the 12 months
15ending with the September preceding each November 1, whichever
16is less, of the originally granted survivor's annuity. If the
17annual unadjusted percentage change in the consumer price
18index-u for the 12 months ending with the September preceding
19each November 1 is zero or there is a decrease, then the
20annuity shall not be increased.
21    (g) The benefits in Section 14-110 apply only if the
22person is a State policeman, a fire fighter in the fire
23protection service of a department, a conservation police
24officer, an investigator for the Secretary of State, a special
25agent or special agent chief with the Securities Department of
26the Secretary of State, an arson investigator, a Commerce

 

 

HB5080- 12 -LRB102 24940 RPS 34195 b

1Commission police officer, investigator for the Department of
2Revenue or the Illinois Gaming Board, a security employee of
3the Department of Corrections or the Department of Juvenile
4Justice, or a security employee of the Department of
5Innovation and Technology, as those terms are defined in
6subsection (b) and subsection (c) of Section 14-110. A person
7who meets the requirements of this Section is entitled to an
8annuity calculated under the provisions of Section 14-110, in
9lieu of the regular or minimum retirement annuity, only if the
10person has withdrawn from service with not less than 20 years
11of eligible creditable service and has attained age 60,
12regardless of whether the attainment of age 60 occurs while
13the person is still in service.
14    (h) If a person who first becomes a member or a participant
15of a retirement system or pension fund subject to this Section
16on or after January 1, 2011 is receiving a retirement annuity
17or retirement pension under that system or fund and becomes a
18member or participant under any other system or fund created
19by this Code and is employed on a full-time basis, except for
20those members or participants exempted from the provisions of
21this Section under subsection (a) of this Section, then the
22person's retirement annuity or retirement pension under that
23system or fund shall be suspended during that employment. Upon
24termination of that employment, the person's retirement
25annuity or retirement pension payments shall resume and be
26recalculated if recalculation is provided for under the

 

 

HB5080- 13 -LRB102 24940 RPS 34195 b

1applicable Article of this Code.
2    If a person who first becomes a member of a retirement
3system or pension fund subject to this Section on or after
4January 1, 2012 and is receiving a retirement annuity or
5retirement pension under that system or fund and accepts on a
6contractual basis a position to provide services to a
7governmental entity from which he or she has retired, then
8that person's annuity or retirement pension earned as an
9active employee of the employer shall be suspended during that
10contractual service. A person receiving an annuity or
11retirement pension under this Code shall notify the pension
12fund or retirement system from which he or she is receiving an
13annuity or retirement pension, as well as his or her
14contractual employer, of his or her retirement status before
15accepting contractual employment. A person who fails to submit
16such notification shall be guilty of a Class A misdemeanor and
17required to pay a fine of $1,000. Upon termination of that
18contractual employment, the person's retirement annuity or
19retirement pension payments shall resume and, if appropriate,
20be recalculated under the applicable provisions of this Code.
21    (i) (Blank).
22    (j) In the case of a conflict between the provisions of
23this Section and any other provision of this Code, the
24provisions of this Section shall control.
25(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
26102-210, eff. 1-1-22; 102-263, eff. 8-6-21; revised 9-28-21.)
 

 

 

HB5080- 14 -LRB102 24940 RPS 34195 b

1    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
2    Sec. 14-110. Alternative retirement annuity.
3    (a) Any member who has withdrawn from service with not
4less than 20 years of eligible creditable service and has
5attained age 55, and any member who has withdrawn from service
6with not less than 25 years of eligible creditable service and
7has attained age 50, regardless of whether the attainment of
8either of the specified ages occurs while the member is still
9in service, shall be entitled to receive at the option of the
10member, in lieu of the regular or minimum retirement annuity,
11a retirement annuity computed as follows:
12        (i) for periods of service as a noncovered employee:
13    if retirement occurs on or after January 1, 2001, 3% of
14    final average compensation for each year of creditable
15    service; if retirement occurs before January 1, 2001, 2
16    1/4% of final average compensation for each of the first
17    10 years of creditable service, 2 1/2% for each year above
18    10 years to and including 20 years of creditable service,
19    and 2 3/4% for each year of creditable service above 20
20    years; and
21        (ii) for periods of eligible creditable service as a
22    covered employee: if retirement occurs on or after January
23    1, 2001, 2.5% of final average compensation for each year
24    of creditable service; if retirement occurs before January
25    1, 2001, 1.67% of final average compensation for each of

 

 

HB5080- 15 -LRB102 24940 RPS 34195 b

1    the first 10 years of such service, 1.90% for each of the
2    next 10 years of such service, 2.10% for each year of such
3    service in excess of 20 but not exceeding 30, and 2.30% for
4    each year in excess of 30.
5    Such annuity shall be subject to a maximum of 75% of final
6average compensation if retirement occurs before January 1,
72001 or to a maximum of 80% of final average compensation if
8retirement occurs on or after January 1, 2001.
9    These rates shall not be applicable to any service
10performed by a member as a covered employee which is not
11eligible creditable service. Service as a covered employee
12which is not eligible creditable service shall be subject to
13the rates and provisions of Section 14-108.
14    (b) For the purpose of this Section, "eligible creditable
15service" means creditable service resulting from service in
16one or more of the following positions:
17        (1) State policeman;
18        (2) fire fighter in the fire protection service of a
19    department;
20        (3) air pilot;
21        (4) special agent;
22        (5) investigator for the Secretary of State;
23        (6) conservation police officer;
24        (7) investigator for the Department of Revenue or the
25    Illinois Gaming Board;
26        (8) security employee of the Department of Human

 

 

HB5080- 16 -LRB102 24940 RPS 34195 b

1    Services;
2        (9) Central Management Services security police
3    officer;
4        (10) security employee of the Department of
5    Corrections or the Department of Juvenile Justice;
6        (11) dangerous drugs investigator;
7        (12) investigator for the Illinois State Police;
8        (13) investigator for the Office of the Attorney
9    General;
10        (14) controlled substance inspector;
11        (15) investigator for the Office of the State's
12    Attorneys Appellate Prosecutor;
13        (16) Commerce Commission police officer;
14        (17) arson investigator;
15        (18) State highway maintenance worker;
16        (19) security employee of the Department of Innovation
17    and Technology; or
18        (20) transferred employee; or .
19        (21) special agent or special agent chief with the
20    Securities Department of the Secretary of State.
21    A person employed in one of the positions specified in
22this subsection is entitled to eligible creditable service for
23service credit earned under this Article while undergoing the
24basic police training course approved by the Illinois Law
25Enforcement Training Standards Board, if completion of that
26training is required of persons serving in that position. For

 

 

HB5080- 17 -LRB102 24940 RPS 34195 b

1the purposes of this Code, service during the required basic
2police training course shall be deemed performance of the
3duties of the specified position, even though the person is
4not a sworn peace officer at the time of the training.
5    A person under paragraph (20) is entitled to eligible
6creditable service for service credit earned under this
7Article on and after his or her transfer by Executive Order No.
82003-10, Executive Order No. 2004-2, or Executive Order No.
92016-1.
10    (c) For the purposes of this Section:
11        (1) The term "State policeman" includes any title or
12    position in the Illinois State Police that is held by an
13    individual employed under the Illinois State Police Act.
14        (2) The term "fire fighter in the fire protection
15    service of a department" includes all officers in such
16    fire protection service including fire chiefs and
17    assistant fire chiefs.
18        (3) The term "air pilot" includes any employee whose
19    official job description on file in the Department of
20    Central Management Services, or in the department by which
21    he is employed if that department is not covered by the
22    Personnel Code, states that his principal duty is the
23    operation of aircraft, and who possesses a pilot's
24    license; however, the change in this definition made by
25    Public Act 83-842 this amendatory Act of 1983 shall not
26    operate to exclude any noncovered employee who was an "air

 

 

HB5080- 18 -LRB102 24940 RPS 34195 b

1    pilot" for the purposes of this Section on January 1,
2    1984.
3        (4) The term "special agent" means any person who by
4    reason of employment by the Division of Narcotic Control,
5    the Bureau of Investigation or, after July 1, 1977, the
6    Division of Criminal Investigation, the Division of
7    Internal Investigation, the Division of Operations, the
8    Division of Patrol Operations, or any other Division or
9    organizational entity in the Illinois State Police is
10    vested by law with duties to maintain public order,
11    investigate violations of the criminal law of this State,
12    enforce the laws of this State, make arrests and recover
13    property. The term "special agent" includes any title or
14    position in the Illinois State Police that is held by an
15    individual employed under the Illinois State Police Act.
16        (5) The term "investigator for the Secretary of State"
17    means any person employed by the Office of the Secretary
18    of State and vested with such investigative duties as
19    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.
22        A person who became employed as an investigator for
23    the Secretary of State between January 1, 1967 and
24    December 31, 1975, and who has served as such until
25    attainment of age 60, either continuously or with a single
26    break in service of not more than 3 years duration, which

 

 

HB5080- 19 -LRB102 24940 RPS 34195 b

1    break terminated before January 1, 1976, shall be entitled
2    to have his retirement annuity calculated in accordance
3    with subsection (a), notwithstanding that he has less than
4    20 years of credit for such service.
5        (6) The term "Conservation Police Officer" means any
6    person employed by the Division of Law Enforcement of the
7    Department of Natural Resources and vested with such law
8    enforcement duties as render him ineligible for coverage
9    under the Social Security Act by reason of Sections
10    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
11    term "Conservation Police Officer" includes the positions
12    of Chief Conservation Police Administrator and Assistant
13    Conservation Police Administrator.
14        (7) The term "investigator for the Department of
15    Revenue" means any person employed by the Department of
16    Revenue and vested with such investigative duties as
17    render him ineligible for coverage under the Social
18    Security Act by reason of Sections 218(d)(5)(A),
19    218(d)(8)(D) and 218(l)(1) of that Act.
20        The term "investigator for the Illinois Gaming Board"
21    means any person employed as such by the Illinois Gaming
22    Board and vested with such peace officer duties as render
23    the person ineligible for coverage under the Social
24    Security Act by reason of Sections 218(d)(5)(A),
25    218(d)(8)(D), and 218(l)(1) of that Act.
26        (8) The term "security employee of the Department of

 

 

HB5080- 20 -LRB102 24940 RPS 34195 b

1    Human Services" means any person employed by the
2    Department of Human Services who (i) is employed at the
3    Chester Mental Health Center and has daily contact with
4    the residents thereof, (ii) is employed within a security
5    unit at a facility operated by the Department and has
6    daily contact with the residents of the security unit,
7    (iii) is employed at a facility operated by the Department
8    that includes a security unit and is regularly scheduled
9    to work at least 50% of his or her working hours within
10    that security unit, or (iv) is a mental health police
11    officer. "Mental health police officer" means any person
12    employed by the Department of Human Services in a position
13    pertaining to the Department's mental health and
14    developmental disabilities functions who is vested with
15    such law enforcement duties as render the person
16    ineligible for coverage under the Social Security Act by
17    reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
18    218(l)(1) of that Act. "Security unit" means that portion
19    of a facility that is devoted to the care, containment,
20    and treatment of persons committed to the Department of
21    Human Services as sexually violent persons, persons unfit
22    to stand trial, or persons not guilty by reason of
23    insanity. With respect to past employment, references to
24    the Department of Human Services include its predecessor,
25    the Department of Mental Health and Developmental
26    Disabilities.

 

 

HB5080- 21 -LRB102 24940 RPS 34195 b

1        The changes made to this subdivision (c)(8) by Public
2    Act 92-14 apply to persons who retire on or after January
3    1, 2001, notwithstanding Section 1-103.1.
4        (9) "Central Management Services security police
5    officer" means any person employed by the Department of
6    Central Management Services who is vested with such law
7    enforcement duties as render him ineligible for coverage
8    under the Social Security Act by reason of Sections
9    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
10        (10) For a member who first became an employee under
11    this Article before July 1, 2005, the term "security
12    employee of the Department of Corrections or the
13    Department of Juvenile Justice" means any employee of the
14    Department of Corrections or the Department of Juvenile
15    Justice or the former Department of Personnel, and any
16    member or employee of the Prisoner Review Board, who has
17    daily contact with inmates or youth by working within a
18    correctional facility or Juvenile facility operated by the
19    Department of Juvenile Justice or who is a parole officer
20    or an employee who has direct contact with committed
21    persons in the performance of his or her job duties. For a
22    member who first becomes an employee under this Article on
23    or after July 1, 2005, the term means an employee of the
24    Department of Corrections or the Department of Juvenile
25    Justice who is any of the following: (i) officially
26    headquartered at a correctional facility or Juvenile

 

 

HB5080- 22 -LRB102 24940 RPS 34195 b

1    facility operated by the Department of Juvenile Justice,
2    (ii) a parole officer, (iii) a member of the apprehension
3    unit, (iv) a member of the intelligence unit, (v) a member
4    of the sort team, or (vi) an investigator.
5        (11) The term "dangerous drugs investigator" means any
6    person who is employed as such by the Department of Human
7    Services.
8        (12) The term "investigator for the Illinois State
9    Police" means a person employed by the Illinois State
10    Police who is vested under Section 4 of the Narcotic
11    Control Division Abolition Act with such law enforcement
12    powers as render him ineligible for coverage under the
13    Social Security Act by reason of Sections 218(d)(5)(A),
14    218(d)(8)(D) and 218(l)(1) of that Act.
15        (13) "Investigator for the Office of the Attorney
16    General" means any person who is employed as such by the
17    Office of the Attorney General and is vested with such
18    investigative 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. For
21    the period before January 1, 1989, the term includes all
22    persons who were employed as investigators by the Office
23    of the Attorney General, without regard to social security
24    status.
25        (14) "Controlled substance inspector" means any person
26    who is employed as such by the Department of Professional

 

 

HB5080- 23 -LRB102 24940 RPS 34195 b

1    Regulation and is vested with such law enforcement duties
2    as render him ineligible for coverage under the Social
3    Security Act by reason of Sections 218(d)(5)(A),
4    218(d)(8)(D) and 218(l)(1) of that Act. The term
5    "controlled substance inspector" includes the Program
6    Executive of Enforcement and the Assistant Program
7    Executive of Enforcement.
8        (15) The term "investigator for the Office of the
9    State's Attorneys Appellate Prosecutor" means a person
10    employed in that capacity on a full-time full time basis
11    under the authority of Section 7.06 of the State's
12    Attorneys Appellate Prosecutor's Act.
13        (16) "Commerce Commission police officer" means any
14    person employed by the Illinois Commerce Commission who is
15    vested with such law enforcement duties as render him
16    ineligible for coverage under the Social Security Act by
17    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
18    218(l)(1) of that Act.
19        (17) "Arson investigator" means any person who is
20    employed as such by the Office of the State Fire Marshal
21    and is vested with such law enforcement duties as render
22    the person ineligible for coverage under the Social
23    Security Act by reason of Sections 218(d)(5)(A),
24    218(d)(8)(D), and 218(l)(1) of that Act. A person who was
25    employed as an arson investigator on January 1, 1995 and
26    is no longer in service but not yet receiving a retirement

 

 

HB5080- 24 -LRB102 24940 RPS 34195 b

1    annuity may convert his or her creditable service for
2    employment as an arson investigator into eligible
3    creditable service by paying to the System the difference
4    between the employee contributions actually paid for that
5    service and the amounts that would have been contributed
6    if the applicant were contributing at the rate applicable
7    to persons with the same social security status earning
8    eligible creditable service on the date of application.
9        (18) The term "State highway maintenance worker" means
10    a person who is either of the following:
11            (i) A person employed on a full-time basis by the
12        Illinois Department of Transportation in the position
13        of highway maintainer, highway maintenance lead
14        worker, highway maintenance lead/lead worker, heavy
15        construction equipment operator, power shovel
16        operator, or bridge mechanic; and whose principal
17        responsibility is to perform, on the roadway, the
18        actual maintenance necessary to keep the highways that
19        form a part of the State highway system in serviceable
20        condition for vehicular traffic.
21            (ii) A person employed on a full-time basis by the
22        Illinois State Toll Highway Authority in the position
23        of equipment operator/laborer H-4, equipment
24        operator/laborer H-6, welder H-4, welder H-6,
25        mechanical/electrical H-4, mechanical/electrical H-6,
26        water/sewer H-4, water/sewer H-6, sign maker/hanger

 

 

HB5080- 25 -LRB102 24940 RPS 34195 b

1        H-4, sign maker/hanger H-6, roadway lighting H-4,
2        roadway lighting H-6, structural H-4, structural H-6,
3        painter H-4, or painter H-6; and whose principal
4        responsibility is to perform, on the roadway, the
5        actual maintenance necessary to keep the Authority's
6        tollways in serviceable condition for vehicular
7        traffic.
8        (19) The term "security employee of the Department of
9    Innovation and Technology" means a person who was a
10    security employee of the Department of Corrections or the
11    Department of Juvenile Justice, was transferred to the
12    Department of Innovation and Technology pursuant to
13    Executive Order 2016-01, and continues to perform similar
14    job functions under that Department.
15        (20) "Transferred employee" means an employee who was
16    transferred to the Department of Central Management
17    Services by Executive Order No. 2003-10 or Executive Order
18    No. 2004-2 or transferred to the Department of Innovation
19    and Technology by Executive Order No. 2016-1, or both, and
20    was entitled to eligible creditable service for services
21    immediately preceding the transfer.
22        (21) The term "special agent or special agent chief
23    with the Securities Department of the Secretary of State"
24    means any person who is employed as such by the Secretary
25    of State.
26    (d) A security employee of the Department of Corrections

 

 

HB5080- 26 -LRB102 24940 RPS 34195 b

1or the Department of Juvenile Justice, a security employee of
2the Department of Human Services who is not a mental health
3police officer, and a security employee of the Department of
4Innovation and Technology shall not be eligible for the
5alternative retirement annuity provided by this Section unless
6he or she meets the following minimum age and service
7requirements at the time of retirement:
8        (i) 25 years of eligible creditable service and age
9    55; 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
26Code for service as a security employee of the Department of

 

 

HB5080- 27 -LRB102 24940 RPS 34195 b

1Corrections or the Department of Juvenile Justice, or the
2Department of Human Services in a position requiring
3certification as a teacher may count such service toward
4establishing their eligibility under the service requirements
5of this Section; but such service may be used only for
6establishing such eligibility, and not for the purpose of
7increasing or calculating any benefit.
8    (e) If a member enters military service while working in a
9position in which eligible creditable service may be earned,
10and returns to State service in the same or another such
11position, and fulfills in all other respects the conditions
12prescribed in this Article for credit for military service,
13such military service shall be credited as eligible creditable
14service for the purposes of the retirement annuity prescribed
15in this Section.
16    (f) For purposes of calculating retirement annuities under
17this Section, periods of service rendered after December 31,
181968 and before October 1, 1975 as a covered employee in the
19position of special agent, conservation police officer, mental
20health police officer, or investigator for the Secretary of
21State, shall be deemed to have been service as a noncovered
22employee, provided that the employee pays to the System prior
23to retirement an amount equal to (1) the difference between
24the employee contributions that would have been required for
25such service as a noncovered employee, and the amount of
26employee contributions actually paid, plus (2) if payment is

 

 

HB5080- 28 -LRB102 24940 RPS 34195 b

1made after July 31, 1987, regular interest on the amount
2specified in item (1) from the date of service to the date of
3payment.
4    For purposes of calculating retirement annuities under
5this Section, periods of service rendered after December 31,
61968 and before January 1, 1982 as a covered employee in the
7position of investigator for the Department of Revenue shall
8be deemed to have been service as a noncovered employee,
9provided that the employee pays to the System prior to
10retirement an amount equal to (1) the difference between the
11employee contributions that would have been required for such
12service as a noncovered employee, and the amount of employee
13contributions actually paid, plus (2) if payment is made after
14January 1, 1990, regular interest on the amount specified in
15item (1) from the date of service to the date of payment.
16    (g) A State policeman may elect, not later than January 1,
171990, to establish eligible creditable service for up to 10
18years of his service as a policeman under Article 3, by filing
19a written election with the Board, accompanied by payment of
20an amount to be determined by the Board, equal to (i) the
21difference between the amount of employee and employer
22contributions transferred to the System under Section 3-110.5,
23and the amounts that would have been contributed had such
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

 

 

HB5080- 29 -LRB102 24940 RPS 34195 b

1to the date of payment.
2    Subject to the limitation in subsection (i), a State
3policeman may elect, not later than July 1, 1993, to establish
4eligible creditable service for up to 10 years of his service
5as a member of the County Police Department under Article 9, by
6filing a written election with the Board, accompanied by
7payment of an amount to be determined by the Board, equal to
8(i) the difference between the amount of employee and employer
9contributions transferred to the System under Section 9-121.10
10and the amounts that would have been contributed had those
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    (h) Subject to the limitation in subsection (i), a State
16policeman or investigator for the Secretary of State may elect
17to establish eligible creditable service for up to 12 years of
18his service as a policeman under Article 5, by filing a written
19election with the Board on or before January 31, 1992, and
20paying to the System by January 31, 1994 an amount to be
21determined by the Board, equal to (i) the difference between
22the amount of employee and employer contributions transferred
23to the System under Section 5-236, and the amounts that would
24have been contributed had such contributions been made at the
25rates applicable to State policemen, plus (ii) interest
26thereon at the effective rate for each year, compounded

 

 

HB5080- 30 -LRB102 24940 RPS 34195 b

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

 

 

HB5080- 31 -LRB102 24940 RPS 34195 b

1under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
2and the amounts that would have been contributed had such
3contributions been made at the rates applicable to State
4policemen, plus (ii) interest thereon at the effective rate
5for each year, compounded annually, from the date of service
6to the date of payment.
7    Subject to the limitation in subsection (i), an
8investigator for the Office of the Attorney General, or an
9investigator for the Department of Revenue, may elect to
10establish eligible creditable service for up to 5 years of
11service as a police officer under Article 3, a policeman under
12Article 5, a sheriff's law enforcement employee under Article
137, or a member of the county police department under Article 9
14by filing a written election with the Board within 6 months
15after August 25, 2009 (the effective date of Public Act
1696-745) and paying to the System an amount to be determined by
17the Board, equal to (i) the difference between the amount of
18employee and employer contributions transferred to the System
19under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
20amounts that would have been contributed had such
21contributions been made at the rates applicable to State
22policemen, plus (ii) interest thereon at the actuarially
23assumed rate for each year, compounded annually, from the date
24of service to the date of payment.
25    Subject to the limitation in subsection (i), a State
26policeman, conservation police officer, investigator for the

 

 

HB5080- 32 -LRB102 24940 RPS 34195 b

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

 

 

HB5080- 33 -LRB102 24940 RPS 34195 b

1July 30, 2021 (the effective date of Public Act 102-210) this
2amendatory Act of the 102nd General Assembly and paying to the
3System an amount to be determined by the Board equal to (i) the
4difference between the amount of employee and employer
5contributions transferred to the System under Sections
64-108.8, 7-139.8, and 9-121.10 and the amounts that would have
7been contributed had such contributions been made at the rates
8applicable to State policemen, plus (ii) interest thereon at
9the actuarially assumed rate for each year, compounded
10annually, from the date of service to the date of payment.
11    Subject to the limitation in subsection (i), a
12conservation police officer may elect to establish eligible
13creditable service for up to 5 years of service as a person
14employed by a participating municipality to perform police
15duties under Article 7, a county corrections officer, or a
16court services officer under Article 9 by filing a written
17election with the Board within 6 months after July 30, 2021
18(the effective date of Public Act 102-210) this amendatory Act
19of the 102nd General Assembly and paying to the System an
20amount to be determined by the Board equal to (i) the
21difference between the amount of employee and employer
22contributions transferred to the System under Sections 7-139.8
23and 9-121.10 and the amounts that would have been contributed
24had such contributions been made at the rates applicable to
25State policemen, plus (ii) interest thereon at the actuarially
26assumed rate for each year, compounded annually, from the date

 

 

HB5080- 34 -LRB102 24940 RPS 34195 b

1of service to the date of payment.
2    Notwithstanding the limitation in subsection (i), a State
3policeman or conservation police officer may elect to convert
4service credit earned under this Article to eligible
5creditable service, as defined by this Section, by filing a
6written election with the board within 6 months after July 30,
72021 (the effective date of Public Act 102-210) this
8amendatory Act of the 102nd General Assembly and paying to the
9System an amount to be determined by the Board equal to (i) the
10difference between the amount of employee contributions
11originally paid for that service and the amounts that would
12have been contributed had such contributions been made at the
13rates applicable to State policemen, plus (ii) the difference
14between the employer's normal cost of the credit prior to the
15conversion authorized by Public Act 102-210 this amendatory
16Act of the 102nd General Assembly and the employer's normal
17cost of the credit converted in accordance with Public Act
18102-210 this amendatory Act of the 102nd General Assembly,
19plus (iii) interest thereon at the actuarially assumed 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 Secretary of State or a special agent or
24special agent chief with the Securities Department of the
25Secretary of State may elect to establish eligible creditable
26service for up to 5 years of service as a person employed by a

 

 

HB5080- 35 -LRB102 24940 RPS 34195 b

1participating municipality to perform police duties under
2Article 7, a county corrections officer, or a court services
3officer under Article 9 by filing a written election with the
4Board within 6 months after the effective date of this
5amendatory Act of the 102nd General Assembly 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 an
11investigator for the Secretary of State, special agent with
12the Securities Department of the Secretary of State, or
13special agent chief with the Securities Department of the
14Secretary of State, plus (ii) interest thereon at the
15actuarially assumed rate for each year, compounded annually,
16from the date of service to the date of payment.
17    Notwithstanding the limitation in subsection (i), an
18investigator for the Secretary of State or a special agent or
19special agent chief with the Securities Department of the
20Secretary of State may elect to convert service credit earned
21under this Article to eligible creditable service, as defined
22by this Section, by filing a written election with the Board
23within 6 months after the effective date of this amendatory
24Act of the 102nd General Assembly and paying to the System an
25amount to be determined by the Board equal to (i) the
26difference between the amount of employee contributions

 

 

HB5080- 36 -LRB102 24940 RPS 34195 b

1originally paid for that service and the amounts that would
2have been contributed had such contributions been made at the
3rates applicable to an investigator for the Secretary of
4State, special agent with the Securities Department of the
5Secretary of State, or special agent chief with the Securities
6Department of the Secretary of State, plus (ii) the difference
7between the employer's normal cost of the credit prior to the
8conversion authorized by this amendatory Act of the 102nd
9General Assembly and the employer's normal cost of the credit
10converted in accordance with this amendatory Act of the 102nd
11General Assembly, plus (iii) interest thereon at the
12actuarially assumed rate for each year, compounded annually,
13from the date of service to the 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

 

 

HB5080- 37 -LRB102 24940 RPS 34195 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

 

 

HB5080- 38 -LRB102 24940 RPS 34195 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) this amendatory Act of the 101st General

 

 

HB5080- 39 -LRB102 24940 RPS 34195 b

1Assembly, accompanied by evidence of eligibility acceptable to
2the Board and payment of an amount to be determined by the
3Board, equal to (1) employee contributions for the credit
4being established, based upon the applicant's salary on the
5first day as an alternative formula employee after the
6employment for which credit is being established and the rates
7then applicable to alternative formula employees, plus (2) an
8amount determined by the Board to be the employer's normal
9cost of the benefits accrued for the credit being established,
10plus (3) regular interest on the amounts in items (1) and (2)
11from the first day as an alternative formula employee after
12the employment for which credit is being established to the
13date of payment.
14    (m) The amendatory changes to this Section made by Public
15Act 94-696 this amendatory Act of the 94th General Assembly
16apply only to: (1) security employees of the Department of
17Juvenile Justice employed by the Department of Corrections
18before June 1, 2006 (the effective date of Public Act 94-696)
19this amendatory Act of the 94th General Assembly and
20transferred to the Department of Juvenile Justice by Public
21Act 94-696 this amendatory Act of the 94th General Assembly;
22and (2) persons employed by the Department of Juvenile Justice
23on or after June 1, 2006 (the effective date of Public Act
2494-696) this amendatory Act of the 94th General Assembly who
25are required by subsection (b) of Section 3-2.5-15 of the
26Unified Code of Corrections to have any bachelor's or advanced

 

 

HB5080- 40 -LRB102 24940 RPS 34195 b

1degree from an accredited college or university or, in the
2case of persons who provide vocational training, who are
3required to have adequate knowledge in the skill for which
4they are providing the vocational training.
5    (n) A person employed in a position under subsection (b)
6of this Section who has purchased service credit under
7subsection (j) of Section 14-104 or subsection (b) of Section
814-105 in any other capacity under this Article may convert up
9to 5 years of that service credit into service credit covered
10under this Section by paying to the Fund an amount equal to (1)
11the additional employee contribution required under Section
1214-133, plus (2) the additional employer contribution required
13under Section 14-131, plus (3) interest on items (1) and (2) at
14the actuarially assumed rate from the date of the service to
15the date of payment.
16    (o) Subject to the limitation in subsection (i), a
17conservation police officer, investigator for the Secretary of
18State, Commerce Commission police officer, investigator for
19the Department of Revenue or the Illinois Gaming Board, or
20arson investigator subject to subsection (g) of Section 1-160
21may elect to convert up to 8 years of service credit
22established before January 1, 2020 (the effective date of
23Public Act 101-610) this amendatory Act of the 101st General
24Assembly as a conservation police officer, investigator for
25the Secretary of State, Commerce Commission police officer,
26investigator for the Department of Revenue or the Illinois

 

 

HB5080- 41 -LRB102 24940 RPS 34195 b

1Gaming Board, or arson investigator under this Article into
2eligible creditable service by filing a written election with
3the Board no later than one year after January 1, 2020 (the
4effective date of Public Act 101-610) this amendatory Act of
5the 101st General Assembly, accompanied by payment of an
6amount to be determined by the Board equal to (i) the
7difference between the amount of the employee contributions
8actually paid for that service and the amount of the employee
9contributions that would have been paid had the employee
10contributions been made as a noncovered employee serving in a
11position in which eligible creditable service, as defined in
12this Section, may be earned, plus (ii) interest thereon at the
13effective rate for each year, compounded annually, from the
14date of service to the date of payment.
15(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
16102-538, eff. 8-20-21; revised 10-12-21.)