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Full Text of SB2608  100th General Assembly

SB2608 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2608

 

Introduced 2/7/2018, by Sen. John G. Mulroe and Martin A. Sandoval

 

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

    Amends the State Employee Article of the Illinois Pension Code. Authorizes a State policeman to elect to establish eligible creditable service for up to 5 years of service as a full-time law enforcement officer employed by the federal government or by a state or local government located outside of Illinois for which credit is not held in any other public employee pension fund or retirement system. Provides that to obtain that credit, the applicant must file a written application with the Board, accompanied by evidence of eligibility acceptable to the Board and payment of a specified amount to be determined by the Board. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective immediately.


LRB100 17241 RPS 32400 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2608LRB100 17241 RPS 32400 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 changing
5Sections 14-110 and 14-152.1 as follows:
 
6    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
7    Sec. 14-110. Alternative retirement annuity.
8    (a) Any member who has withdrawn from service with not less
9than 20 years of eligible creditable service and has attained
10age 55, and any member who has withdrawn from service with not
11less than 25 years of eligible creditable service and has
12attained age 50, regardless of whether the attainment of either
13of the specified ages occurs while the member is still in
14service, shall be entitled to receive at the option of the
15member, in lieu of the regular or minimum retirement annuity, a
16retirement annuity computed as follows:
17        (i) for periods of service as a noncovered employee: if
18    retirement occurs on or after January 1, 2001, 3% of final
19    average compensation for each year of creditable service;
20    if retirement occurs before January 1, 2001, 2 1/4% of
21    final average compensation for each of the first 10 years
22    of creditable service, 2 1/2% for each year above 10 years
23    to and including 20 years of creditable service, and 2 3/4%

 

 

SB2608- 2 -LRB100 17241 RPS 32400 b

1    for each year of creditable service above 20 years; and
2        (ii) for periods of eligible creditable service as a
3    covered employee: if retirement occurs on or after January
4    1, 2001, 2.5% of final average compensation for each year
5    of creditable service; if retirement occurs before January
6    1, 2001, 1.67% of final average compensation for each of
7    the first 10 years of such service, 1.90% for each of the
8    next 10 years of such service, 2.10% for each year of such
9    service in excess of 20 but not exceeding 30, and 2.30% for
10    each year in excess of 30.
11    Such annuity shall be subject to a maximum of 75% of final
12average compensation if retirement occurs before January 1,
132001 or to a maximum of 80% of final average compensation if
14retirement occurs on or after January 1, 2001.
15    These rates shall not be applicable to any service
16performed by a member as a covered employee which is not
17eligible creditable service. Service as a covered employee
18which is not eligible creditable service shall be subject to
19the rates and provisions of Section 14-108.
20    (b) For the purpose of this Section, "eligible creditable
21service" means creditable service resulting from service in one
22or more of the following positions:
23        (1) State policeman;
24        (2) fire fighter in the fire protection service of a
25    department;
26        (3) air pilot;

 

 

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

 

 

SB2608- 4 -LRB100 17241 RPS 32400 b

1training is required of persons serving in that position. For
2the purposes of this Code, service during the required basic
3police training course shall be deemed performance of the
4duties of the specified position, even though the person is not
5a sworn peace officer at the time of the training.
6    (c) For the purposes of this Section:
7        (1) The term "State policeman" includes any title or
8    position in the Department of State Police that is held by
9    an individual employed under the State Police Act.
10        (2) The term "fire fighter in the fire protection
11    service of a department" includes all officers in such fire
12    protection service including fire chiefs and assistant
13    fire chiefs.
14        (3) The term "air pilot" includes any employee whose
15    official job description on file in the Department of
16    Central Management Services, or in the department by which
17    he is employed if that department is not covered by the
18    Personnel Code, states that his principal duty is the
19    operation of aircraft, and who possesses a pilot's license;
20    however, the change in this definition made by this
21    amendatory Act of 1983 shall not operate to exclude any
22    noncovered employee who was an "air pilot" for the purposes
23    of this Section on January 1, 1984.
24        (4) The term "special agent" means any person who by
25    reason of employment by the Division of Narcotic Control,
26    the Bureau of Investigation or, after July 1, 1977, the

 

 

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1    Division of Criminal Investigation, the Division of
2    Internal Investigation, the Division of Operations, or any
3    other Division or organizational entity in the Department
4    of State Police is vested by law with duties to maintain
5    public order, investigate violations of the criminal law of
6    this State, enforce the laws of this State, make arrests
7    and recover property. The term "special agent" includes any
8    title or position in the Department of State Police that is
9    held by an individual employed under the State Police Act.
10        (5) The term "investigator for the Secretary of State"
11    means any person employed by the Office of the Secretary of
12    State and vested with such investigative duties as render
13    him ineligible for coverage under the Social Security Act
14    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
15    218(l)(1) of that Act.
16        A person who became employed as an investigator for the
17    Secretary of State between January 1, 1967 and December 31,
18    1975, and who has served as such until attainment of age
19    60, either continuously or with a single break in service
20    of not more than 3 years duration, which break terminated
21    before January 1, 1976, shall be entitled to have his
22    retirement annuity calculated in accordance with
23    subsection (a), notwithstanding that he has less than 20
24    years of credit for such service.
25        (6) The term "Conservation Police Officer" means any
26    person employed by the Division of Law Enforcement of the

 

 

SB2608- 6 -LRB100 17241 RPS 32400 b

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

 

 

SB2608- 7 -LRB100 17241 RPS 32400 b

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

 

 

SB2608- 8 -LRB100 17241 RPS 32400 b

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

 

 

SB2608- 9 -LRB100 17241 RPS 32400 b

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

 

 

SB2608- 10 -LRB100 17241 RPS 32400 b

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

 

 

SB2608- 11 -LRB100 17241 RPS 32400 b

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

 

 

SB2608- 12 -LRB100 17241 RPS 32400 b

1    (d) A security employee of the Department of Corrections or
2the Department of Juvenile Justice, and a security employee of
3the Department of Human Services who is not a mental health
4police officer, shall not be eligible for the alternative
5retirement annuity provided by this Section unless he or she
6meets the following minimum age and service requirements at the
7time 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
26Code for service as a security employee of the Department of

 

 

SB2608- 13 -LRB100 17241 RPS 32400 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 the
24employee contributions that would have been required for such
25service as a noncovered employee, and the amount of employee
26contributions actually paid, plus (2) if payment is made after

 

 

SB2608- 14 -LRB100 17241 RPS 32400 b

1July 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
4this Section, periods of service rendered after December 31,
51968 and before January 1, 1982 as a covered employee in the
6position of investigator for the Department of Revenue shall be
7deemed to have been service as a noncovered employee, provided
8that the employee pays to the System prior to retirement an
9amount equal to (1) the difference between the employee
10contributions that would have been required for such service as
11a noncovered employee, and the amount of employee contributions
12actually paid, plus (2) if payment is made after January 1,
131990, regular interest on the amount specified in item (1) from
14the date of service to the date of payment.
15    (g) A State policeman may elect, not later than January 1,
161990, to establish eligible creditable service for up to 10
17years of his service as a policeman under Article 3, by filing
18a written election with the Board, accompanied by payment of an
19amount to be determined by the Board, equal to (i) the
20difference between the amount of employee and employer
21contributions transferred to the System under Section 3-110.5,
22and the amounts that would have been contributed had such
23contributions been made at the rates applicable to State
24policemen, plus (ii) interest thereon at the effective rate for
25each year, compounded annually, from the date of service to the
26date of payment.

 

 

SB2608- 15 -LRB100 17241 RPS 32400 b

1    Subject to the limitation in subsection (i), a State
2policeman may elect, not later than July 1, 1993, to establish
3eligible creditable service for up to 10 years of his service
4as a member of the County Police Department under Article 9, by
5filing a written election with the Board, accompanied by
6payment of an amount to be determined by the Board, equal to
7(i) the difference between the amount of employee and employer
8contributions transferred to the System under Section 9-121.10
9and the amounts that would have been contributed had those
10contributions been made at the rates applicable to State
11policemen, plus (ii) interest thereon at the effective rate for
12each year, compounded annually, from the date of service to the
13date of payment.
14    (h) Subject to the limitation in subsection (i), a State
15policeman or investigator for the Secretary of State may elect
16to establish eligible creditable service for up to 12 years of
17his service as a policeman under Article 5, by filing a written
18election with the Board on or before January 31, 1992, and
19paying to the System by January 31, 1994 an amount to be
20determined by the Board, equal to (i) the difference between
21the amount of employee and employer contributions transferred
22to the System under Section 5-236, and the amounts that would
23have been contributed had such contributions been made at the
24rates applicable to State policemen, plus (ii) interest thereon
25at the effective rate for each year, compounded annually, from
26the date of service to the date of payment.

 

 

SB2608- 16 -LRB100 17241 RPS 32400 b

1    Subject to the limitation in subsection (i), a State
2policeman, conservation police officer, or investigator for
3the Secretary of State may elect to establish eligible
4creditable service for up to 10 years of service as a sheriff's
5law enforcement employee under Article 7, by filing a written
6election with the Board on or before January 31, 1993, and
7paying to the System by January 31, 1994 an amount to be
8determined by the Board, equal to (i) the difference between
9the amount of employee and employer contributions transferred
10to the System under Section 7-139.7, and the amounts that would
11have been contributed had such contributions been made at the
12rates applicable to State policemen, plus (ii) interest thereon
13at the effective rate for each year, compounded annually, from
14the date of service to the date of payment.
15    Subject to the limitation in subsection (i), a State
16policeman, conservation police officer, or investigator for
17the Secretary of State may elect to establish eligible
18creditable service for up to 5 years of service as a police
19officer under Article 3, a policeman under Article 5, a
20sheriff's law enforcement employee under Article 7, a member of
21the county police department under Article 9, or a police
22officer under Article 15 by filing a written election with the
23Board and paying to the System an amount to be determined by
24the Board, equal to (i) the difference between the amount of
25employee and employer contributions transferred to the System
26under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4

 

 

SB2608- 17 -LRB100 17241 RPS 32400 b

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

 

 

SB2608- 18 -LRB100 17241 RPS 32400 b

1Department of Revenue, or investigator for the Secretary of
2State may elect to establish eligible creditable service for up
3to 5 years of service as a person employed by a participating
4municipality to perform police duties, or law enforcement
5officer employed on a full-time basis by a forest preserve
6district under Article 7, a county corrections officer, or a
7court services officer under Article 9, by filing a written
8election with the Board within 6 months after August 25, 2009
9(the effective date of Public Act 96-745) and paying to the
10System an amount to be determined by the Board, equal to (i)
11the difference between the amount of employee and employer
12contributions transferred to the System under Sections 7-139.8
13and 9-121.10 and the amounts that would have been contributed
14had such contributions been made at the rates applicable to
15State policemen, plus (ii) interest thereon at the actuarially
16assumed rate for each year, compounded annually, from the date
17of service to the date of payment.
18    (i) The total amount of eligible creditable service
19established by any person under subsections (g), (h), (j), (k),
20and (l), and (l-5) of this Section shall not exceed 12 years.
21    (j) Subject to the limitation in subsection (i), an
22investigator for the Office of the State's Attorneys Appellate
23Prosecutor or a controlled substance inspector may elect to
24establish eligible creditable service for up to 10 years of his
25service as a policeman under Article 3 or a sheriff's law
26enforcement employee under Article 7, by filing a written

 

 

SB2608- 19 -LRB100 17241 RPS 32400 b

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

 

 

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1accrued for the credit being established, plus (3) regular
2interest on the amounts in items (1) and (2) from the first day
3as an alternative formula employee after the employment for
4which credit is being established to the date of payment.
5    (l) Subject to the limitation in subsection (i), a security
6employee of the Department of Corrections may elect, not later
7than July 1, 1998, to establish eligible creditable service for
8up to 10 years of his or her service as a policeman under
9Article 3, by filing a written election with the Board,
10accompanied by payment of an amount to be determined by the
11Board, equal to (i) the difference between the amount of
12employee and employer contributions transferred to the System
13under Section 3-110.5, and the amounts that would have been
14contributed had such contributions been made at the rates
15applicable to security employees of the Department of
16Corrections, plus (ii) interest thereon at the effective rate
17for each year, compounded annually, from the date of service to
18the date of payment.
19    (l-5) Subject to the limitation in subsection (i) of this
20Section, a State policeman may elect to establish eligible
21creditable service for up to 5 years of service as a full-time
22law enforcement officer employed by the federal government or
23by a state or local government located outside of Illinois for
24which credit is not held in any other public employee pension
25fund or retirement system. To obtain this credit, the applicant
26must file a written application with the Board, accompanied by

 

 

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

 

 

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1are providing the vocational training.
2    (n) A person employed in a position under subsection (b) of
3this Section who has purchased service credit under subsection
4(j) of Section 14-104 or subsection (b) of Section 14-105 in
5any other capacity under this Article may convert up to 5 years
6of that service credit into service credit covered under this
7Section by paying to the Fund an amount equal to (1) the
8additional employee contribution required under Section
914-133, plus (2) the additional employer contribution required
10under Section 14-131, plus (3) interest on items (1) and (2) at
11the actuarially assumed rate from the date of the service to
12the date of payment.
13(Source: P.A. 100-19, eff. 1-1-18.)
 
14    (40 ILCS 5/14-152.1)
15    Sec. 14-152.1. Application and expiration of new benefit
16increases.
17    (a) As used in this Section, "new benefit increase" means
18an increase in the amount of any benefit provided under this
19Article, or an expansion of the conditions of eligibility for
20any benefit under this Article, that results from an amendment
21to this Code that takes effect after June 1, 2005 (the
22effective date of Public Act 94-4). "New benefit increase",
23however, does not include any benefit increase resulting from
24the changes made to Article 1 or this Article by Public Act
2596-37, Public Act 100-23, or this amendatory Act of the 100th

 

 

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1General Assembly or by this amendatory Act of the 100th General
2Assembly.
3    (b) Notwithstanding any other provision of this Code or any
4subsequent amendment to this Code, every new benefit increase
5is subject to this Section and shall be deemed to be granted
6only in conformance with and contingent upon compliance with
7the provisions of this Section.
8    (c) The Public Act enacting a new benefit increase must
9identify and provide for payment to the System of additional
10funding at least sufficient to fund the resulting annual
11increase in cost to the System as it accrues.
12    Every new benefit increase is contingent upon the General
13Assembly providing the additional funding required under this
14subsection. The Commission on Government Forecasting and
15Accountability shall analyze whether adequate additional
16funding has been provided for the new benefit increase and
17shall report its analysis to the Public Pension Division of the
18Department of Insurance. A new benefit increase created by a
19Public Act that does not include the additional funding
20required under this subsection is null and void. If the Public
21Pension Division determines that the additional funding
22provided for a new benefit increase under this subsection is or
23has become inadequate, it may so certify to the Governor and
24the State Comptroller and, in the absence of corrective action
25by the General Assembly, the new benefit increase shall expire
26at the end of the fiscal year in which the certification is

 

 

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1made.
2    (d) Every new benefit increase shall expire 5 years after
3its effective date or on such earlier date as may be specified
4in the language enacting the new benefit increase or provided
5under subsection (c). This does not prevent the General
6Assembly from extending or re-creating a new benefit increase
7by law.
8    (e) Except as otherwise provided in the language creating
9the new benefit increase, a new benefit increase that expires
10under this Section continues to apply to persons who applied
11and qualified for the affected benefit while the new benefit
12increase was in effect and to the affected beneficiaries and
13alternate payees of such persons, but does not apply to any
14other person, including without limitation a person who
15continues in service after the expiration date and did not
16apply and qualify for the affected benefit while the new
17benefit increase was in effect.
18(Source: P.A. 100-23, eff. 7-6-17.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.