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90_HB0575
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
Amends the State Employees Article of the Pension Code to
allow State Police to retire after 25 years of service,
regardless of age. Effective immediately.
LRB9002891EGfg
LRB9002891EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 14-110.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 14-110 as follows:
7 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 14-110. Alternative retirement annuity.
10 (a) Any member who has withdrawn from service with not
11 less than 20 years of eligible creditable service and has
12 attained age 55, and any member who has withdrawn from
13 service with not less than 25 years of eligible creditable
14 service and has attained age 50, regardless of whether the
15 attainment of either of the specified ages occurs while the
16 member is still in service, and any member who has withdrawn
17 from service with at least 25 years of eligible creditable
18 service as a State policeman, regardless of age, shall be
19 entitled to receive at the option of the member, in lieu of
20 the regular or minimum retirement annuity, a retirement
21 annuity computed as follows:
22 (i) for periods of service as a noncovered
23 employee, 2 1/4% of final average compensation for each
24 of the first 10 years of creditable service, 2 1/2% for
25 each year above 10 years to and including 20 years of
26 creditable service, and 2 3/4% for each year of
27 creditable service above 20 years; and
28 (ii) for periods of eligible creditable service as
29 a covered employee, 1.67% of final average compensation
30 for each of the first 10 years of such service, 1.90% for
31 each of the next 10 years of such service, 2.10% for each
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1 year of such service in excess of 20 but not exceeding
2 30, and 2.30% for each year in excess of 30.
3 Such annuity shall be subject to a maximum of 75% of
4 final average compensation. These rates shall not be
5 applicable to any service performed by a member as a covered
6 employee which is not eligible creditable service. Service
7 as a covered employee which is not eligible creditable
8 service shall be subject to the rates and provisions of
9 Section 14-108.
10 (b) For the purpose of this Section, "eligible
11 creditable service" means creditable service resulting from
12 service in one or more of the following positions:
13 (1) State policeman;
14 (2) fire fighter in the fire protection service of
15 a department;
16 (3) air pilot;
17 (4) special agent;
18 (5) investigator for the Secretary of State;
19 (6) conservation police officer;
20 (7) investigator for the Department of Revenue;
21 (8) security employee of the Department of Mental
22 Health and Developmental Disabilities;
23 (9) Central Management Services security police
24 officer;
25 (10) security employee of the Department of
26 Corrections;
27 (11) dangerous drugs investigator;
28 (12) investigator for the Department of State
29 Police;
30 (13) investigator for the Office of the Attorney
31 General;
32 (14) controlled substance inspector;
33 (15) investigator for the Office of the State's
34 Attorneys Appellate Prosecutor;
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1 (16) Commerce Commission police officer.
2 A person employed in one of the positions specified in
3 this subsection is entitled to eligible creditable service
4 for service credit earned under this Article while undergoing
5 the basic police training course approved by the Illinois
6 Local Governmental Law Enforcement Officers Training Board,
7 if completion of that training is required of persons serving
8 in that position. For the purposes of this Code, service
9 during the required basic police training course shall be
10 deemed performance of the duties of the specified position,
11 even though the person is not a sworn peace officer at the
12 time of the training.
13 (c) For the purposes of this Section:
14 (1) The term "state policeman" includes any title
15 or position in the Department of State Police that is
16 held by an individual employed under the State Police
17 Act.
18 (2) The term "fire fighter in the fire protection
19 service of a department" includes all officers in such
20 fire protection service including fire chiefs and
21 assistant fire chiefs.
22 (3) The term "air pilot" includes any employee
23 whose official job description on file in the Department
24 of Central Management Services, or in the department by
25 which he is employed if that department is not covered by
26 the Personnel Code, states that his principal duty is the
27 operation of aircraft, and who possesses a pilot's
28 license; however, the change in this definition made by
29 this amendatory Act of 1983 shall not operate to exclude
30 any noncovered employee who was an "air pilot" for the
31 purposes of this Section on January 1, 1984.
32 (4) The term "special agent" means any person who
33 by reason of employment by the Division of Narcotic
34 Control, the Bureau of Investigation or, after July 1,
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1 1977, the Division of Criminal Investigation, the
2 Division of Internal Investigation or any other Division
3 or organizational entity in the Department of State
4 Police is vested by law with duties to maintain public
5 order, investigate violations of the criminal law of this
6 State, enforce the laws of this State, make arrests and
7 recover property. The term "special agent" includes any
8 title or position in the Department of State Police that
9 is held by an individual employed under the State Police
10 Act.
11 (5) The term "investigator for the Secretary of
12 State" means any person employed by the Office of the
13 Secretary of State and vested with such investigative
14 duties as render him ineligible for coverage under the
15 Social Security Act by reason of Sections 218(d)(5)(A),
16 218(d)(8)(D) and 218(l)(1) of that Act.
17 A person who became employed as an investigator for
18 the Secretary of State between January 1, 1967 and
19 December 31, 1975, and who has served as such until
20 attainment of age 60, either continuously or with a
21 single break in service of not more than 3 years
22 duration, which break terminated before January 1, 1976,
23 shall be entitled to have his retirement annuity
24 calculated in accordance with subsection (a),
25 notwithstanding that he has less than 20 years of credit
26 for such service.
27 (6) The term "Conservation Police Officer" means
28 any person employed by the Division of Law Enforcement of
29 the Department of Natural Resources and vested with such
30 law enforcement duties as render him ineligible for
31 coverage under the Social Security Act by reason of
32 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
33 that Act. The term "Conservation Police Officer"
34 includes the positions of Chief Conservation Police
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1 Administrator and Assistant Conservation Police
2 Administrator.
3 (7) The term "investigator for the Department of
4 Revenue" means any person employed by the Department of
5 Revenue and vested with such investigative duties as
6 render him ineligible for coverage under the Social
7 Security Act by reason of Sections 218(d)(5)(A),
8 218(d)(8)(D) and 218(l)(1) of that Act.
9 (8) The term "security employee of the Department
10 of Mental Health and Developmental Disabilities" means
11 any person employed by the Department of Mental Health
12 and Developmental Disabilities who is employed at the
13 Chester Mental Health Center and has daily contact with
14 the residents thereof, or who is a mental health police
15 officer. "Mental health police officer" means any person
16 employed by the Department of Mental Health and
17 Developmental Disabilities who is vested with such law
18 enforcement duties as render him ineligible for coverage
19 under the Social Security Act by reason of Sections
20 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
21 (9) "Central Management Services security police
22 officer" means any person employed by the Department of
23 Central Management Services who is vested with such law
24 enforcement duties as render him ineligible for coverage
25 under the Social Security Act by reason of Sections
26 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
27 (10) The term "security employee of the Department
28 of Corrections" means any employee of the Department of
29 Corrections or the former Department of Personnel, and
30 any member or employee of the Prisoner Review Board, who
31 has daily contact with inmates by working within a
32 correctional facility or who is a parole officer or an
33 employee who has direct contact with committed persons in
34 the performance of his or her job duties.
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1 (11) The term "dangerous drugs investigator" means
2 any person who is employed as such by the Department of
3 Alcoholism and Substance Abuse.
4 (12) The term "investigator for the Department of
5 State Police" means a person employed by the Department
6 of State Police who is vested under Section 4 of the
7 Narcotic Control Division Abolition Act with such law
8 enforcement powers 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.
11 (13) "Investigator for the Office of the Attorney
12 General" means any person who is employed as such by the
13 Office of the Attorney General and is vested with such
14 investigative duties as render him ineligible for
15 coverage under the Social Security Act by reason of
16 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
17 Act. For the period before January 1, 1989, the term
18 includes all persons who were employed as investigators
19 by the Office of the Attorney General, without regard to
20 social security status.
21 (14) "Controlled substance inspector" means any
22 person who is employed as such by the Department of
23 Professional Regulation and is vested with such law
24 enforcement duties as render him ineligible for coverage
25 under the Social Security Act by reason of Sections
26 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
27 The term "controlled substance inspector" includes the
28 Program Executive of Enforcement and the Assistant
29 Program Executive of Enforcement.
30 (15) The term "investigator for the Office of the
31 State's Attorneys Appellate Prosecutor" means a person
32 employed in that capacity on a full time basis under the
33 authority of Section 7.06 of the State's Attorneys
34 Appellate Prosecutor's Act.
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1 (16) "Commerce Commission police officer" means any
2 person employed by the Illinois Commerce Commission who
3 is vested with such law enforcement duties as render him
4 ineligible for coverage under the Social Security Act by
5 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
6 218(l)(1) of that Act.
7 (d) A security employee of the Department of
8 Corrections, and a security employee of the Department of
9 Mental Health and Developmental Disabilities who is not a
10 mental health police officer, shall not be eligible for the
11 alternative retirement annuity provided by this Section
12 unless he or she meets the following minimum age and service
13 requirements at the time of retirement:
14 (i) 25 years of eligible creditable service and age
15 55; or
16 (ii) beginning January 1, 1987, 25 years of
17 eligible creditable service and age 54, or 24 years of
18 eligible creditable service and age 55; or
19 (iii) beginning January 1, 1988, 25 years of
20 eligible creditable service and age 53, or 23 years of
21 eligible creditable service and age 55; or
22 (iv) beginning January 1, 1989, 25 years of
23 eligible creditable service and age 52, or 22 years of
24 eligible creditable service and age 55; or
25 (v) beginning January 1, 1990, 25 years of eligible
26 creditable service and age 51, or 21 years of eligible
27 creditable service and age 55; or
28 (vi) beginning January 1, 1991, 25 years of
29 eligible creditable service and age 50, or 20 years of
30 eligible creditable service and age 55.
31 Persons who have service credit under Article 16 of this
32 Code for service as a security employee of the Department of
33 Corrections in a position requiring certification as a
34 teacher may count such service toward establishing their
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1 eligibility under the service requirements of this Section;
2 but such service may be used only for establishing such
3 eligibility, and not for the purpose of increasing or
4 calculating any benefit.
5 (e) If a member enters military service while working in
6 a position in which eligible creditable service may be
7 earned, and returns to State service in the same or another
8 such position, and fulfills in all other respects the
9 conditions prescribed in this Article for credit for military
10 service, such military service shall be credited as eligible
11 creditable service for the purposes of the retirement annuity
12 prescribed in this Section.
13 (f) For purposes of calculating retirement annuities
14 under this Section, periods of service rendered after
15 December 31, 1968 and before October 1, 1975 as a covered
16 employee in the position of special agent, conservation
17 police officer, mental health police officer, or investigator
18 for the Secretary of State, shall be deemed to have been
19 service as a noncovered employee, provided that the employee
20 pays to the System prior to retirement an amount equal to (1)
21 the difference between the employee contributions that would
22 have been required for such service as a noncovered employee,
23 and the amount of employee contributions actually paid, plus
24 (2) if payment is made after July 31, 1987, regular interest
25 on the amount specified in item (1) from the date of service
26 to the date of payment.
27 For purposes of calculating retirement annuities under
28 this Section, periods of service rendered after December 31,
29 1968 and before January 1, 1982 as a covered employee in the
30 position of investigator for the Department of Revenue shall
31 be deemed to have been service as a noncovered employee,
32 provided that the employee pays to the System prior to
33 retirement an amount equal to (1) the difference between the
34 employee contributions that would have been required for such
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1 service as a noncovered employee, and the amount of employee
2 contributions actually paid, plus (2) if payment is made
3 after January 1, 1990, regular interest on the amount
4 specified in item (1) from the date of service to the date of
5 payment.
6 (g) A State policeman may elect, not later than January
7 1, 1990, to establish eligible creditable service for up to
8 10 years of his service as a policeman under Article 3, by
9 filing a written election with the Board, accompanied by
10 payment of an amount to be determined by the Board, equal to
11 (i) the difference between the amount of employee and
12 employer contributions transferred to the System under
13 Section 3-110.5, and the amounts that would have been
14 contributed had such contributions been made at the rates
15 applicable to State policemen, plus (ii) interest thereon at
16 the effective rate for each year, compounded annually, from
17 the date of service to the date of payment.
18 Subject to the limitation in subsection (i), a State
19 policeman may elect, not later than July 1, 1993, to
20 establish eligible creditable service for up to 10 years of
21 his service as a member of the County Police Department under
22 Article 9, by filing a written election with the Board,
23 accompanied by payment of an amount to be determined by the
24 Board, equal to (i) the difference between the amount of
25 employee and employer contributions transferred to the System
26 under Section 9-121.10 and the amounts that would have been
27 contributed had those contributions been made at the rates
28 applicable to State policemen, plus (ii) interest thereon at
29 the effective rate for each year, compounded annually, from
30 the date of service to the date of payment.
31 (h) Subject to the limitation in subsection (i), a State
32 policeman or investigator for the Secretary of State may
33 elect to establish eligible creditable service for up to 12
34 years of his service as a policeman under Article 5, by
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1 filing a written election with the Board on or before January
2 31, 1992, and paying to the System by January 31, 1994 an
3 amount to be determined by the Board, equal to (i) the
4 difference between the amount of employee and employer
5 contributions transferred to the System under Section 5-236,
6 and the amounts that would have been contributed had such
7 contributions been made at the rates applicable to State
8 policemen, plus (ii) interest thereon at the effective rate
9 for each year, compounded annually, from the date of service
10 to the date of payment.
11 Subject to the limitation in subsection (i), a State
12 policeman, conservation police officer, or investigator for
13 the Secretary of State may elect to establish eligible
14 creditable service for up to 10 years of service as a
15 sheriff's law enforcement employee under Article 7, by filing
16 a written election with the Board on or before January 31,
17 1993, and paying to the System by January 31, 1994 an amount
18 to be determined by the Board, equal to (i) the difference
19 between the amount of employee and employer contributions
20 transferred to the System under Section 7-139.7, and the
21 amounts that would have been contributed had such
22 contributions been made at the rates applicable to State
23 policemen, plus (ii) interest thereon at the effective rate
24 for each year, compounded annually, from the date of service
25 to the date of payment.
26 (i) The total amount of eligible creditable service
27 established by any person under subsections (g), (h) and (j)
28 of this Section shall not exceed 12 years.
29 (j) Subject to the limitation in subsection (i), an
30 investigator for the Office of the State's Attorneys
31 Appellate Prosecutor may elect to establish eligible
32 creditable service for up to 10 years of his service as a
33 policeman under Article 3 or a sheriff's law enforcement
34 employee under Article 7, by filing a written election with
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1 the Board, accompanied by payment of an amount to be
2 determined by the Board, equal to (1) the difference between
3 the amount of employee and employer contributions transferred
4 to the System under Section 3-110.6 or 7-139.8, and the
5 amounts that would have been contributed had such
6 contributions been made at the rates applicable to State
7 policemen, plus (2) interest thereon at the effective rate
8 for each year, compounded annually, from the date of service
9 to the date of payment.
10 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96.)
11 (Text of Section after amendment by P.A. 89-507)
12 Sec. 14-110. Alternative retirement annuity.
13 (a) Any member who has withdrawn from service with not
14 less than 20 years of eligible creditable service and has
15 attained age 55, and any member who has withdrawn from
16 service with not less than 25 years of eligible creditable
17 service and has attained age 50, regardless of whether the
18 attainment of either of the specified ages occurs while the
19 member is still in service, and any member who has withdrawn
20 from service with at least 25 years of eligible creditable
21 service as a State policeman, regardless of age, shall be
22 entitled to receive at the option of the member, in lieu of
23 the regular or minimum retirement annuity, a retirement
24 annuity computed as follows:
25 (i) for periods of service as a noncovered
26 employee, 2 1/4% of final average compensation for each
27 of the first 10 years of creditable service, 2 1/2% for
28 each year above 10 years to and including 20 years of
29 creditable service, and 2 3/4% for each year of
30 creditable service above 20 years; and
31 (ii) for periods of eligible creditable service as
32 a covered employee, 1.67% of final average compensation
33 for each of the first 10 years of such service, 1.90% for
34 each of the next 10 years of such service, 2.10% for each
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1 year of such service in excess of 20 but not exceeding
2 30, and 2.30% for each year in excess of 30.
3 Such annuity shall be subject to a maximum of 75% of
4 final average compensation. These rates shall not be
5 applicable to any service performed by a member as a covered
6 employee which is not eligible creditable service. Service
7 as a covered employee which is not eligible creditable
8 service shall be subject to the rates and provisions of
9 Section 14-108.
10 (b) For the purpose of this Section, "eligible
11 creditable service" means creditable service resulting from
12 service in one or more of the following positions:
13 (1) State policeman;
14 (2) fire fighter in the fire protection service of
15 a department;
16 (3) air pilot;
17 (4) special agent;
18 (5) investigator for the Secretary of State;
19 (6) conservation police officer;
20 (7) investigator for the Department of Revenue;
21 (8) security employee of the Department of Human
22 Services;
23 (9) Central Management Services security police
24 officer;
25 (10) security employee of the Department of
26 Corrections;
27 (11) dangerous drugs investigator;
28 (12) investigator for the Department of State
29 Police;
30 (13) investigator for the Office of the Attorney
31 General;
32 (14) controlled substance inspector;
33 (15) investigator for the Office of the State's
34 Attorneys Appellate Prosecutor;
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1 (16) Commerce Commission police officer.
2 A person employed in one of the positions specified in
3 this subsection is entitled to eligible creditable service
4 for service credit earned under this Article while undergoing
5 the basic police training course approved by the Illinois
6 Local Governmental Law Enforcement Officers Training Board,
7 if completion of that training is required of persons serving
8 in that position. For the purposes of this Code, service
9 during the required basic police training course shall be
10 deemed performance of the duties of the specified position,
11 even though the person is not a sworn peace officer at the
12 time of the training.
13 (c) For the purposes of this Section:
14 (1) The term "state policeman" includes any title
15 or position in the Department of State Police that is
16 held by an individual employed under the State Police
17 Act.
18 (2) The term "fire fighter in the fire protection
19 service of a department" includes all officers in such
20 fire protection service including fire chiefs and
21 assistant fire chiefs.
22 (3) The term "air pilot" includes any employee
23 whose official job description on file in the Department
24 of Central Management Services, or in the department by
25 which he is employed if that department is not covered by
26 the Personnel Code, states that his principal duty is the
27 operation of aircraft, and who possesses a pilot's
28 license; however, the change in this definition made by
29 this amendatory Act of 1983 shall not operate to exclude
30 any noncovered employee who was an "air pilot" for the
31 purposes of this Section on January 1, 1984.
32 (4) The term "special agent" means any person who
33 by reason of employment by the Division of Narcotic
34 Control, the Bureau of Investigation or, after July 1,
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1 1977, the Division of Criminal Investigation, the
2 Division of Internal Investigation or any other Division
3 or organizational entity in the Department of State
4 Police is vested by law with duties to maintain public
5 order, investigate violations of the criminal law of this
6 State, enforce the laws of this State, make arrests and
7 recover property. The term "special agent" includes any
8 title or position in the Department of State Police that
9 is held by an individual employed under the State Police
10 Act.
11 (5) The term "investigator for the Secretary of
12 State" means any person employed by the Office of the
13 Secretary of State and vested with such investigative
14 duties as render him ineligible for coverage under the
15 Social Security Act by reason of Sections 218(d)(5)(A),
16 218(d)(8)(D) and 218(l)(1) of that Act.
17 A person who became employed as an investigator for
18 the Secretary of State between January 1, 1967 and
19 December 31, 1975, and who has served as such until
20 attainment of age 60, either continuously or with a
21 single break in service of not more than 3 years
22 duration, which break terminated before January 1, 1976,
23 shall be entitled to have his retirement annuity
24 calculated in accordance with subsection (a),
25 notwithstanding that he has less than 20 years of credit
26 for such service.
27 (6) The term "Conservation Police Officer" means
28 any person employed by the Division of Law Enforcement of
29 the Department of Natural Resources and vested with such
30 law enforcement duties as render him ineligible for
31 coverage under the Social Security Act by reason of
32 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
33 that Act. The term "Conservation Police Officer"
34 includes the positions of Chief Conservation Police
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1 Administrator and Assistant Conservation Police
2 Administrator.
3 (7) The term "investigator for the Department of
4 Revenue" means any person employed by the Department of
5 Revenue and vested with such investigative duties as
6 render him ineligible for coverage under the Social
7 Security Act by reason of Sections 218(d)(5)(A),
8 218(d)(8)(D) and 218(l)(1) of that Act.
9 (8) The term "security employee of the Department
10 of Human Services" means any person employed by the
11 Department of Human Services who is employed at the
12 Chester Mental Health Center and has daily contact with
13 the residents thereof, or who is a mental health police
14 officer. "Mental health police officer" means any person
15 employed by the Department of Human Services in a
16 position pertaining to the Department's mental health and
17 developmental disabilities functions who is vested with
18 such law enforcement duties as render the person
19 ineligible for coverage under the Social Security Act by
20 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
21 218(l)(1) of that Act.
22 (9) "Central Management Services security police
23 officer" means any person employed by the Department of
24 Central Management Services who is vested with such law
25 enforcement duties as render him ineligible for coverage
26 under the Social Security Act by reason of Sections
27 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
28 (10) The term "security employee of the Department
29 of Corrections" means any employee of the Department of
30 Corrections or the former Department of Personnel, and
31 any member or employee of the Prisoner Review Board, who
32 has daily contact with inmates by working within a
33 correctional facility or who is a parole officer or an
34 employee who has direct contact with committed persons in
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1 the performance of his or her job duties.
2 (11) The term "dangerous drugs investigator" means
3 any person who is employed as such by the Department of
4 Human Services.
5 (12) The term "investigator for the Department of
6 State Police" means a person employed by the Department
7 of State Police who is vested under Section 4 of the
8 Narcotic Control Division Abolition Act with such law
9 enforcement powers 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.
12 (13) "Investigator for the Office of the Attorney
13 General" means any person who is employed as such by the
14 Office of the Attorney General and is vested with such
15 investigative duties as render him ineligible for
16 coverage under the Social Security Act by reason of
17 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
18 Act. For the period before January 1, 1989, the term
19 includes all persons who were employed as investigators
20 by the Office of the Attorney General, without regard to
21 social security status.
22 (14) "Controlled substance inspector" means any
23 person who is employed as such by the Department of
24 Professional Regulation and is vested with such law
25 enforcement duties as render him ineligible for coverage
26 under the Social Security Act by reason of Sections
27 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
28 The term "controlled substance inspector" includes the
29 Program Executive of Enforcement and the Assistant
30 Program Executive of Enforcement.
31 (15) The term "investigator for the Office of the
32 State's Attorneys Appellate Prosecutor" means a person
33 employed in that capacity on a full time basis under the
34 authority of Section 7.06 of the State's Attorneys
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1 Appellate Prosecutor's Act.
2 (16) "Commerce Commission police officer" means any
3 person employed by the Illinois Commerce Commission who
4 is vested with such law enforcement duties as render him
5 ineligible for coverage under the Social Security Act by
6 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
7 218(l)(1) of that Act.
8 (d) A security employee of the Department of
9 Corrections, and a security employee of the Department of
10 Human Services who is not a mental health police officer,
11 shall not be eligible for the alternative retirement annuity
12 provided by this Section unless he or she meets the following
13 minimum age and service requirements at the time of
14 retirement:
15 (i) 25 years of eligible creditable service and age
16 55; or
17 (ii) beginning January 1, 1987, 25 years of
18 eligible creditable service and age 54, or 24 years of
19 eligible creditable service and age 55; or
20 (iii) beginning January 1, 1988, 25 years of
21 eligible creditable service and age 53, or 23 years of
22 eligible creditable service and age 55; or
23 (iv) beginning January 1, 1989, 25 years of
24 eligible creditable service and age 52, or 22 years of
25 eligible creditable service and age 55; or
26 (v) beginning January 1, 1990, 25 years of eligible
27 creditable service and age 51, or 21 years of eligible
28 creditable service and age 55; or
29 (vi) beginning January 1, 1991, 25 years of
30 eligible creditable service and age 50, or 20 years of
31 eligible creditable service and age 55.
32 Persons who have service credit under Article 16 of this
33 Code for service as a security employee of the Department of
34 Corrections in a position requiring certification as a
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1 teacher may count such service toward establishing their
2 eligibility under the service requirements of this Section;
3 but such service may be used only for establishing such
4 eligibility, and not for the purpose of increasing or
5 calculating any benefit.
6 (e) If a member enters military service while working in
7 a position in which eligible creditable service may be
8 earned, and returns to State service in the same or another
9 such position, and fulfills in all other respects the
10 conditions prescribed in this Article for credit for military
11 service, such military service shall be credited as eligible
12 creditable service for the purposes of the retirement annuity
13 prescribed in this Section.
14 (f) For purposes of calculating retirement annuities
15 under this Section, periods of service rendered after
16 December 31, 1968 and before October 1, 1975 as a covered
17 employee in the position of special agent, conservation
18 police officer, mental health police officer, or investigator
19 for the Secretary of State, shall be deemed to have been
20 service as a noncovered employee, provided that the employee
21 pays to the System prior to retirement an amount equal to (1)
22 the difference between the employee contributions that would
23 have been required for such service as a noncovered employee,
24 and the amount of employee contributions actually paid, plus
25 (2) if payment is made after July 31, 1987, regular interest
26 on the amount specified in item (1) from the date of service
27 to the date of payment.
28 For purposes of calculating retirement annuities under
29 this Section, periods of service rendered after December 31,
30 1968 and before January 1, 1982 as a covered employee in the
31 position of investigator for the Department of Revenue shall
32 be deemed to have been service as a noncovered employee,
33 provided that the employee pays to the System prior to
34 retirement an amount equal to (1) the difference between the
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1 employee contributions that would have been required for such
2 service as a noncovered employee, and the amount of employee
3 contributions actually paid, plus (2) if payment is made
4 after January 1, 1990, regular interest on the amount
5 specified in item (1) from the date of service to the date of
6 payment.
7 (g) A State policeman may elect, not later than January
8 1, 1990, to establish eligible creditable service for up to
9 10 years of his service as a policeman under Article 3, by
10 filing a written election with the Board, accompanied by
11 payment of an amount to be determined by the Board, equal to
12 (i) the difference between the amount of employee and
13 employer contributions transferred to the System under
14 Section 3-110.5, and the amounts that would have been
15 contributed had such contributions been made at the rates
16 applicable to State policemen, plus (ii) interest thereon at
17 the effective rate for each year, compounded annually, from
18 the date of service to the date of payment.
19 Subject to the limitation in subsection (i), a State
20 policeman may elect, not later than July 1, 1993, to
21 establish eligible creditable service for up to 10 years of
22 his service as a member of the County Police Department under
23 Article 9, by filing a written election with the Board,
24 accompanied by payment of an amount to be determined by the
25 Board, equal to (i) the difference between the amount of
26 employee and employer contributions transferred to the System
27 under Section 9-121.10 and the amounts that would have been
28 contributed had those contributions been made at the rates
29 applicable to State policemen, plus (ii) interest thereon at
30 the effective rate for each year, compounded annually, from
31 the date of service to the date of payment.
32 (h) Subject to the limitation in subsection (i), a State
33 policeman or investigator for the Secretary of State may
34 elect to establish eligible creditable service for up to 12
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1 years of his service as a policeman under Article 5, by
2 filing a written election with the Board on or before January
3 31, 1992, and paying to the System by January 31, 1994 an
4 amount to be determined by the Board, equal to (i) the
5 difference between the amount of employee and employer
6 contributions transferred to the System under Section 5-236,
7 and the amounts that would have been contributed had such
8 contributions been made at the rates applicable to State
9 policemen, plus (ii) interest thereon at the effective rate
10 for each year, compounded annually, from the date of service
11 to the date of payment.
12 Subject to the limitation in subsection (i), a State
13 policeman, conservation police officer, or investigator for
14 the Secretary of State may elect to establish eligible
15 creditable service for up to 10 years of service as a
16 sheriff's law enforcement employee under Article 7, by filing
17 a written election with the Board on or before January 31,
18 1993, and paying to the System by January 31, 1994 an amount
19 to be determined by the Board, equal to (i) the difference
20 between the amount of employee and employer contributions
21 transferred to the System under Section 7-139.7, and the
22 amounts that would have been contributed had such
23 contributions been made at the rates applicable to State
24 policemen, plus (ii) interest thereon at the effective rate
25 for each year, compounded annually, from the date of service
26 to the date of payment.
27 (i) The total amount of eligible creditable service
28 established by any person under subsections (g), (h) and (j)
29 of this Section shall not exceed 12 years.
30 (j) Subject to the limitation in subsection (i), an
31 investigator for the Office of the State's Attorneys
32 Appellate Prosecutor may elect to establish eligible
33 creditable service for up to 10 years of his service as a
34 policeman under Article 3 or a sheriff's law enforcement
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1 employee under Article 7, by filing a written election with
2 the Board, accompanied by payment of an amount to be
3 determined by the Board, equal to (1) the difference between
4 the amount of employee and employer contributions transferred
5 to the System under Section 3-110.6 or 7-139.8, and the
6 amounts that would have been contributed had such
7 contributions been made at the rates applicable to State
8 policemen, plus (2) interest thereon at the effective rate
9 for each year, compounded annually, from the date of service
10 to the date of payment.
11 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
12 89-507, eff. 7-1-97.)
13 Section 95. No acceleration or delay. Where this Act
14 makes changes in a statute that is represented in this Act by
15 text that is not yet or no longer in effect (for example, a
16 Section represented by multiple versions), the use of that
17 text does not accelerate or delay the taking effect of (i)
18 the changes made by this Act or (ii) provisions derived from
19 any other Public Act.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.