SB2608ham001 100TH GENERAL ASSEMBLY

Rep. Robert Martwick

Filed: 5/8/2018

 

 


 

 


 
10000SB2608ham001LRB100 17241 RPS 39778 a

1
AMENDMENT TO SENATE BILL 2608

2    AMENDMENT NO. ______. Amend Senate Bill 2608 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing Sections 14-110 and 14-152.1 as follows:
 
6    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
7    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8    (a) Any member who has withdrawn from service with not less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10age 55, and any member who has withdrawn from service with not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:

 

 

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1        (i) for periods of service as a noncovered employee: if
2    retirement occurs on or after January 1, 2001, 3% of final
3    average compensation for each year of creditable service;
4    if retirement occurs before January 1, 2001, 2 1/4% of
5    final average compensation for each of the first 10 years
6    of creditable service, 2 1/2% for each year above 10 years
7    to and including 20 years of creditable service, and 2 3/4%
8    for each year of creditable service above 20 years; and
9        (ii) for periods of eligible creditable service as a
10    covered employee: if retirement occurs on or after January
11    1, 2001, 2.5% of final average compensation for each year
12    of creditable service; if retirement occurs before January
13    1, 2001, 1.67% of final average compensation for each of
14    the first 10 years of such service, 1.90% for each of the
15    next 10 years of such service, 2.10% for each year of such
16    service in excess of 20 but not exceeding 30, and 2.30% for
17    each year in excess of 30.
18    Such annuity shall be subject to a maximum of 75% of final
19average compensation if retirement occurs before January 1,
202001 or to a maximum of 80% of final average compensation if
21retirement occurs on or after January 1, 2001.
22    These rates shall not be applicable to any service
23performed by a member as a covered employee which is not
24eligible creditable service. Service as a covered employee
25which is not eligible creditable service shall be subject to
26the rates and provisions of Section 14-108.

 

 

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

 

 

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1        (17) arson investigator;
2        (18) State highway maintenance worker.
3    A person employed in one of the positions specified in this
4subsection is entitled to eligible creditable service for
5service credit earned under this Article while undergoing the
6basic police training course approved by the Illinois Law
7Enforcement Training Standards Board, if completion of that
8training is required of persons serving in that position. For
9the purposes of this Code, service during the required basic
10police training course shall be deemed performance of the
11duties of the specified position, even though the person is not
12a sworn peace officer at the time of the training.
13    (c) For the purposes of this Section:
14        (1) The term "State policeman" includes any title or
15    position in the Department of State Police that is held by
16    an individual employed under the State Police Act.
17        (2) The term "fire fighter in the fire protection
18    service of a department" includes all officers in such fire
19    protection service including fire chiefs and assistant
20    fire chiefs.
21        (3) The term "air pilot" includes any employee whose
22    official job description on file in the Department of
23    Central Management Services, or in the department by which
24    he is employed if that department is not covered by the
25    Personnel Code, states that his principal duty is the
26    operation of aircraft, and who possesses a pilot's license;

 

 

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1    however, the change in this definition made by this
2    amendatory Act of 1983 shall not operate to exclude any
3    noncovered employee who was an "air pilot" for the purposes
4    of this Section on January 1, 1984.
5        (4) The term "special agent" means any person who by
6    reason of employment by the Division of Narcotic Control,
7    the Bureau of Investigation or, after July 1, 1977, the
8    Division of Criminal Investigation, the Division of
9    Internal Investigation, the Division of Operations, or any
10    other Division or organizational entity in the Department
11    of State Police is vested by law with duties to maintain
12    public order, investigate violations of the criminal law of
13    this State, enforce the laws of this State, make arrests
14    and recover property. The term "special agent" includes any
15    title or position in the Department of State Police that is
16    held by an individual employed under the State Police Act.
17        (5) The term "investigator for the Secretary of State"
18    means any person employed by the Office of the Secretary of
19    State and vested with such investigative duties as render
20    him ineligible for coverage under the Social Security Act
21    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
22    218(l)(1) of that Act.
23        A person who became employed as an investigator for the
24    Secretary of State between January 1, 1967 and December 31,
25    1975, and who has served as such until attainment of age
26    60, either continuously or with a single break in service

 

 

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

 

 

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

 

 

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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 Department
13    of Juvenile Justice" means any employee of the Department
14    of Corrections or the Department of Juvenile Justice or the
15    former Department of Personnel, and any member or employee
16    of the Prisoner Review Board, who has daily contact with
17    inmates or youth by working within a correctional facility
18    or Juvenile facility operated by the Department of Juvenile
19    Justice or who is a parole officer or an employee who has
20    direct contact with committed persons in the performance of
21    his or her job duties. For a member who first becomes an
22    employee under this Article on or after July 1, 2005, the
23    term means an employee of the Department of Corrections or
24    the Department of Juvenile Justice who is any of the
25    following: (i) officially headquartered at a correctional
26    facility or Juvenile facility operated by the Department of

 

 

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1    Juvenile Justice, (ii) a parole officer, (iii) a member of
2    the apprehension unit, (iv) a member of the intelligence
3    unit, (v) a member of the sort team, or (vi) an
4    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 Department of State
9    Police" means a person employed by the Department of 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 of
23    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

 

 

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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 basis under the
11    authority of Section 7.06 of the State's Attorneys
12    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 is
26    no longer in service but not yet receiving a retirement

 

 

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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 if
6    the applicant were contributing at the rate applicable to
7    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

 

 

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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    (d) A security employee of the Department of Corrections or
9the Department of Juvenile Justice, and a security employee of
10the Department of Human Services who is not a mental health
11police officer, shall not be eligible for the alternative
12retirement annuity provided by this Section unless he or she
13meets the following minimum age and service requirements at the
14time of retirement:
15        (i) 25 years of eligible creditable service and age 55;
16    or
17        (ii) beginning January 1, 1987, 25 years of eligible
18    creditable service and age 54, or 24 years of eligible
19    creditable service and age 55; or
20        (iii) beginning January 1, 1988, 25 years of eligible
21    creditable service and age 53, or 23 years of eligible
22    creditable service and age 55; or
23        (iv) beginning January 1, 1989, 25 years of eligible
24    creditable service and age 52, or 22 years of eligible
25    creditable service and age 55; or
26        (v) beginning January 1, 1990, 25 years of eligible

 

 

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1    creditable service and age 51, or 21 years of eligible
2    creditable service and age 55; or
3        (vi) beginning January 1, 1991, 25 years of eligible
4    creditable service and age 50, or 20 years of eligible
5    creditable service and age 55.
6    Persons who have service credit under Article 16 of this
7Code for service as a security employee of the Department of
8Corrections or the Department of Juvenile Justice, or the
9Department of Human Services in a position requiring
10certification as a teacher may count such service toward
11establishing their eligibility under the service requirements
12of this Section; but such service may be used only for
13establishing such eligibility, and not for the purpose of
14increasing or calculating any benefit.
15    (e) If a member enters military service while working in a
16position in which eligible creditable service may be earned,
17and returns to State service in the same or another such
18position, and fulfills in all other respects the conditions
19prescribed in this Article for credit for military service,
20such military service shall be credited as eligible creditable
21service for the purposes of the retirement annuity prescribed
22in this Section.
23    (f) For purposes of calculating retirement annuities under
24this Section, periods of service rendered after December 31,
251968 and before October 1, 1975 as a covered employee in the
26position of special agent, conservation police officer, mental

 

 

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1health police officer, or investigator for the Secretary of
2State, shall be deemed to have been service as a noncovered
3employee, provided that the employee pays to the System prior
4to retirement an amount equal to (1) the difference between the
5employee contributions that would have been required for such
6service as a noncovered employee, and the amount of employee
7contributions actually paid, plus (2) if payment is made after
8July 31, 1987, regular interest on the amount specified in item
9(1) from the date of service to the date of payment.
10    For purposes of calculating retirement annuities under
11this Section, periods of service rendered after December 31,
121968 and before January 1, 1982 as a covered employee in the
13position of investigator for the Department of Revenue shall be
14deemed to have been service as a noncovered employee, provided
15that the employee pays to the System prior to retirement an
16amount equal to (1) the difference between the employee
17contributions that would have been required for such service as
18a noncovered employee, and the amount of employee contributions
19actually paid, plus (2) if payment is made after January 1,
201990, regular interest on the amount specified in item (1) from
21the date of service to the date of payment.
22    (g) A State policeman may elect, not later than January 1,
231990, to establish eligible creditable service for up to 10
24years of his service as a policeman under Article 3, by filing
25a written election with the Board, accompanied by payment of an
26amount to be determined by the Board, equal to (i) the

 

 

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

 

 

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

 

 

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1sheriff's law enforcement employee under Article 7, a member of
2the county police department under Article 9, or a police
3officer under Article 15 by filing a written election with the
4Board and paying to the System an amount to be determined by
5the Board, equal to (i) the difference between the amount of
6employee and employer contributions transferred to the System
7under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
8and the amounts that would have been contributed had such
9contributions been made at the rates applicable to State
10policemen, plus (ii) interest thereon at the effective rate for
11each year, compounded annually, from the date of service to the
12date of payment.
13    Subject to the limitation in subsection (i), an
14investigator for the Office of the Attorney General, or an
15investigator for the Department of Revenue, may elect to
16establish eligible creditable service for up to 5 years of
17service as a police officer under Article 3, a policeman under
18Article 5, a sheriff's law enforcement employee under Article
197, or a member of the county police department under Article 9
20by filing a written election with the Board within 6 months
21after August 25, 2009 (the effective date of Public Act 96-745)
22and paying to the System an amount to be determined by the
23Board, equal to (i) the difference between the amount of
24employee and employer contributions transferred to the System
25under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
26amounts that would have been contributed had such contributions

 

 

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

 

 

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

 

 

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1and payment of an amount to be determined by the Board, equal
2to (1) employee contributions for the credit being established,
3based upon the applicant's salary on the first day as an
4alternative formula employee after the employment for which
5credit is being established and the rates then applicable to
6alternative formula employees, plus (2) an amount determined by
7the Board to be the employer's normal cost of the benefits
8accrued for the credit being established, plus (3) regular
9interest on the amounts in items (1) and (2) from the first day
10as an alternative formula employee after the employment for
11which credit is being established to the date of payment.
12    (l) Subject to the limitation in subsection (i), a security
13employee of the Department of Corrections may elect, not later
14than July 1, 1998, to establish eligible creditable service for
15up to 10 years of his or her service as a policeman under
16Article 3, by filing a written election with the Board,
17accompanied by payment of an amount to be determined by the
18Board, equal to (i) the difference between the amount of
19employee and employer contributions transferred to the System
20under Section 3-110.5, and the amounts that would have been
21contributed had such contributions been made at the rates
22applicable to security employees of the Department of
23Corrections, plus (ii) interest thereon at the effective rate
24for each year, compounded annually, from the date of service to
25the date of payment.
26    (l-5) Subject to the limitation in subsection (i) of this

 

 

10000SB2608ham001- 21 -LRB100 17241 RPS 39778 a

1Section, a State policeman may elect to establish eligible
2creditable service for up to 5 years of service as a full-time
3law enforcement officer employed by the federal government or
4by a state or local government located outside of Illinois for
5which credit is not held in any other public employee pension
6fund or retirement system. To obtain this credit, the applicant
7must file a written application with the Board no later than 3
8years after the effective date of this amendatory Act of the
9100th General Assembly, accompanied by evidence of eligibility
10acceptable to the Board and payment of an amount to be
11determined by the Board, equal to (1) employee contributions
12for the credit being established, based upon the applicant's
13salary on the first day as an alternative formula employee
14after the employment for which credit is being established and
15the rates then applicable to alternative formula employees,
16plus (2) an amount determined by the Board to be the employer's
17normal cost of the benefits accrued for the credit being
18established, plus (3) regular interest on the amounts in items
19(1) and (2) from the first day as an alternative formula
20employee after the employment for which credit is being
21established to the date of payment.
22    (m) The amendatory changes to this Section made by this
23amendatory Act of the 94th General Assembly apply only to: (1)
24security employees of the Department of Juvenile Justice
25employed by the Department of Corrections before the effective
26date of this amendatory Act of the 94th General Assembly and

 

 

10000SB2608ham001- 22 -LRB100 17241 RPS 39778 a

1transferred to the Department of Juvenile Justice by this
2amendatory Act of the 94th General Assembly; and (2) persons
3employed by the Department of Juvenile Justice on or after the
4effective date of this amendatory Act of the 94th General
5Assembly who are required by subsection (b) of Section 3-2.5-15
6of the Unified Code of Corrections to have any bachelor's or
7advanced degree from an accredited college or university or, in
8the case of persons who provide vocational training, who are
9required to have adequate knowledge in the skill for which they
10are providing the vocational training.
11    (n) A person employed in a position under subsection (b) of
12this Section who has purchased service credit under subsection
13(j) of Section 14-104 or subsection (b) of Section 14-105 in
14any other capacity under this Article may convert up to 5 years
15of that service credit into service credit covered under this
16Section by paying to the Fund an amount equal to (1) the
17additional employee contribution required under Section
1814-133, plus (2) the additional employer contribution required
19under Section 14-131, plus (3) interest on items (1) and (2) at
20the actuarially assumed rate from the date of the service to
21the date of payment.
22(Source: P.A. 100-19, eff. 1-1-18.)
 
23    (40 ILCS 5/14-152.1)
24    Sec. 14-152.1. Application and expiration of new benefit
25increases.

 

 

10000SB2608ham001- 23 -LRB100 17241 RPS 39778 a

1    (a) As used in this Section, "new benefit increase" means
2an increase in the amount of any benefit provided under this
3Article, or an expansion of the conditions of eligibility for
4any benefit under this Article, that results from an amendment
5to this Code that takes effect after June 1, 2005 (the
6effective date of Public Act 94-4). "New benefit increase",
7however, does not include any benefit increase resulting from
8the changes made to Article 1 or this Article by Public Act
996-37, Public Act 100-23, or this amendatory Act of the 100th
10General Assembly or by this amendatory Act of the 100th General
11Assembly.
12    (b) Notwithstanding any other provision of this Code or any
13subsequent amendment to this Code, every new benefit increase
14is subject to this Section and shall be deemed to be granted
15only in conformance with and contingent upon compliance with
16the provisions of this Section.
17    (c) The Public Act enacting a new benefit increase must
18identify and provide for payment to the System of additional
19funding at least sufficient to fund the resulting annual
20increase in cost to the System as it accrues.
21    Every new benefit increase is contingent upon the General
22Assembly providing the additional funding required under this
23subsection. The Commission on Government Forecasting and
24Accountability shall analyze whether adequate additional
25funding has been provided for the new benefit increase and
26shall report its analysis to the Public Pension Division of the

 

 

10000SB2608ham001- 24 -LRB100 17241 RPS 39778 a

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

 

 

10000SB2608ham001- 25 -LRB100 17241 RPS 39778 a

1(Source: P.A. 100-23, eff. 7-6-17.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".