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90_HB1523
40 ILCS 5/3-110.3 from Ch. 108 1/2, par. 3-110.3
40 ILCS 5/3-110.5 from Ch. 108 1/2, par. 3-110.5
40 ILCS 5/7-139.7 from Ch. 108 1/2, par. 7-139.7
40 ILCS 5/7-142.1 from Ch. 108 1/2, par. 7-142.1
40 ILCS 5/14-105.6 from Ch. 108 1/2, par. 14-105.6
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
30 ILCS 805/8.21 new
Amends the Downstate Police and State Employee Articles
of the Pension Code to authorize sheriff's law enforcement
employees to transfer credits under those Articles to the
Illinois Municipal Retirement Fund (IMRF). Authorizes former
elected county sheriffs to transfer credits from a downstate
police pension fund or the IMRF to the State Employees'
Retirement System. Requires application and payment of the
difference in contributions, plus interest, by July 1, 1998.
Also amends the IMRF Article to allow a person with at least
4 years of credit as a sheriff's law enforcement (SLEP)
employee who has IMRF credits in another capacity to convert
those credits into SLEP credits by paying the difference in
contribution rates plus interest. Amends the State Mandates
Act to require implementation without reimbursement.
Effective immediately.
LRB9004118EGfg
LRB9004118EGfg
1 AN ACT to amend the Illinois Pension Code and the State
2 Mandates Act.
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 Sections 3-110.3, 3-110.5, 7-139.7, 7-142.1,
7 14-105.6, and 14-110 as follows:
8 (40 ILCS 5/3-110.3) (from Ch. 108 1/2, par. 3-110.3)
9 Sec. 3-110.3. Transfer of credits to IMRF.
10 (a) Any person who has made an election under Section
11 3-109.1, and until July 1, 1998 1993, any active member of
12 the Illinois Municipal Retirement Fund who is a sheriff's law
13 enforcement employee county clerk, may apply for transfer of
14 his or her creditable service accumulated in any police
15 pension fund under this Article to the Illinois Municipal
16 Retirement Fund. The creditable service shall be transferred
17 upon payment by the police pension fund to the Illinois
18 Municipal Retirement Fund of an amount equal to:
19 (1) the amounts accumulated to the credit of the
20 applicant on the books of the fund on the date of
21 transfer; and
22 (2) employer contributions in an amount equal to
23 the amount determined under subparagraph (1); and
24 (3) any interest paid by the applicant in order to
25 reinstate service.
26 Participation in this Fund shall terminate on the date of
27 transfer.
28 (b) Any person who has made an election under Section
29 3-109.1, and until July 1, 1998, any sheriff's law
30 enforcement employee who is transferring credits under this
31 Section, 1993, any such county clerk, may reinstate service
32 that which was terminated by receipt of a refund, by payment
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1 to the police pension fund of the amount of the refund with
2 interest thereon at the rate of 6% per year, compounded
3 annually, from the date of refund to the date of payment.
4 (Source: P.A. 86-273; 87-1265.)
5 (40 ILCS 5/3-110.5) (from Ch. 108 1/2, par. 3-110.5)
6 Sec. 3-110.5. Transfer of credits to Article 14 system.
7 (a) Until July 1, 1998 January 1, 1990, any active
8 member of the State Employees' Retirement System who is a
9 former elected county sheriff State policeman may apply for
10 transfer of his or her creditable service accumulated in any
11 police pension fund under this Article to the State
12 Employees' Retirement System. Such creditable service shall
13 be transferred only upon payment by the such police pension
14 fund to the State Employees' Retirement System of an amount
15 equal to:
16 (1) the amounts accumulated to the credit of the
17 applicant on the books of the fund on the date of transfer;
18 and
19 (2) employer contributions in an amount equal to the
20 amount determined under subparagraph (1); and
21 (3) any interest paid by the applicant in order to
22 reinstate service.
23 Participation in this Fund shall terminate on the date of
24 transfer.
25 (b) Until July 1, 1998 January 1, 1990, any person
26 seeking to transfer credit under this Section such State
27 policeman may reinstate service that which was terminated by
28 receipt of a refund, by payment to the police pension fund of
29 the amount of the refund with interest thereon at the rate of
30 6% per year, compounded annually, from the date of refund to
31 the date of payment.
32 (Source: P.A. 86-272.)
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1 (40 ILCS 5/7-139.7) (from Ch. 108 1/2, par. 7-139.7)
2 Sec. 7-139.7. Transfer to Article 14.
3 (a) Until July 1, 1998 January 31, 1994, any active
4 member of the State Employees' Retirement System who is a
5 former elected county sheriff State policeman, a conservation
6 police officer, or an investigator for the Secretary of State
7 may apply for transfer of his or her creditable service
8 accumulated under this Article for service as a sheriff's law
9 enforcement employee, or service as a municipal conservator
10 of the peace, certified under the Police Training Act, to the
11 State Employees' Retirement System. At the time of the
12 transfer the Fund shall pay to the State Employees'
13 Retirement System an amount equal to:
14 (1) the amounts accumulated to the credit of the
15 applicant for such service on the books of the Fund on
16 the date of transfer; and
17 (2) the corresponding municipality credits,
18 including interest, on the books of the Fund on the date
19 of transfer; and
20 (3) any interest paid by the applicant in order to
21 reinstate such service.
22 Participation in this Fund with respect to the transferred
23 credits shall terminate on the date of transfer.
24 (b) Until July 1, 1998 January 31, 1993, any person
25 seeking to transfer credits under this Section such State
26 policeman, conservation police officer or investigator for
27 the Secretary of State may reinstate service that was
28 terminated by receipt of a refund, by paying to the Fund the
29 amount of the refund with interest thereon at the effective
30 rate from the date of refund to the date of payment.
31 (Source: P.A. 87-794; 87-850; 87-1265.)
32 (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1)
33 Sec. 7-142.1. Sheriff's law enforcement employees.
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1 (a) In lieu of the retirement annuity provided by
2 subparagraph 1 of paragraph (a) of Section 7-142: Any
3 sheriff's law enforcement employee who has 20 or more years
4 of service in that capacity and who terminates service prior
5 to January 1, 1988 shall be entitled at his option to receive
6 a monthly retirement annuity for his service as a sheriff's
7 law enforcement employee computed by multiplying 2% for each
8 year of such service up to 10 years, 2 1/4% for each year of
9 such service above 10 years and up to 20 years, and 2 1/2%
10 for each year of such service above 20 years, by his annual
11 final rate of earnings and dividing by 12. Any sheriff's law
12 enforcement employee who has 20 or more years of service in
13 that capacity and who terminates service on or after January
14 1, 1988 shall be entitled at his option to receive a monthly
15 retirement annuity for his service as a sheriff's law
16 enforcement employee computed by multiplying 2.5% for each
17 year of such service up to 20 years, 2% for each year of such
18 service above 20 years and up to 30 years, and 1% for each
19 year of such service above 30 years, by his annual final rate
20 of earnings and dividing by 12.
21 If a sheriff's law enforcement employee has service in
22 any other capacity, his retirement annuity for service as a
23 sheriff's law enforcement employee may be computed under this
24 Section and the retirement annuity for his other service
25 under Section 7-142.
26 In no case shall the total monthly retirement annuity
27 exceed 75% of the monthly final rate of earnings.
28 (b) Whenever continued group insurance coverage is
29 elected in accordance with the provisions of Section 367h of
30 the Illinois Insurance Code, as now or hereafter amended, the
31 total monthly premium for such continued group insurance
32 coverage or such portion thereof as is not paid by the
33 municipality shall, upon request of the person electing such
34 continued group insurance coverage, be deducted from any
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1 monthly pension benefit otherwise payable to such person
2 pursuant to this Section, to be remitted by the Fund to the
3 insurance company or other entity providing the group
4 insurance coverage.
5 (c) A sheriff's law enforcement employee who has at
6 least 4 years of service credit in that capacity may elect to
7 have any or all of his credits under this Article for service
8 not as a sheriff's law enforcement employee deemed to be
9 credits for service as a sheriff's law enforcement employee,
10 by filing a written election with the Board, accompanied by
11 payment of an amount to be determined by the Board, equal to
12 (1) the difference between the amount of employee
13 contributions actually contributed by the applicant for such
14 service not as a sheriff's law enforcement employee and the
15 amounts that would have been contributed had such
16 contributions been made at the rates then applicable to
17 service as a sheriff's law enforcement employee, plus (2)
18 interest thereon at the effective rate, compounded annually,
19 from the date of service to the date of payment.
20 (Source: P.A. 85-941.)
21 (40 ILCS 5/14-105.6) (from Ch. 108 1/2, par. 14-105.6)
22 Sec. 14-105.6. Transfer of credits to IMRF.
23 (a) Until July 1, 1998 July 1, 1990, any active or
24 inactive member of the pension fund established under Article
25 7 of this Code who is a sheriff's law enforcement employee
26 has been a county sheriff may apply for transfer of his or
27 her creditable service accumulated under this System to the
28 such Article 7 fund. Such creditable service shall be
29 transferred forthwith. Payment by this System to the Article
30 7 fund shall be made at the same time and shall consist of:
31 (1) the amounts accumulated to the credit of the
32 applicant for such service, including regular interest,
33 on the books of the System on the date of transfer; and
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1 (2) employer contributions in an amount equal to
2 the amount of member contributions as determined under
3 item (1) above.
4 Participation in this System as to any credits
5 transferred under this Section shall terminate on the date of
6 transfer.
7 (b) Any person transferring credit under this Section
8 may reinstate credits and creditable service terminated upon
9 receipt of a refund, by paying payment to the System before
10 the transfer is completed , prior to July 1, 1990, of the
11 amount of the refund plus regular interest thereon from the
12 date of the refund to the date of payment. This is not a
13 limitation on the repayment provisions of Article 20.
14 (Source: P.A. 86-273.)
15 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
16 (Text of Section before amendment by P.A. 89-507)
17 Sec. 14-110. Alternative retirement annuity.
18 (a) Any member who has withdrawn from service with not
19 less than 20 years of eligible creditable service and has
20 attained age 55, and any member who has withdrawn from
21 service with not less than 25 years of eligible creditable
22 service and has attained age 50, regardless of whether the
23 attainment of either of the specified ages occurs while the
24 member is still in service, shall be entitled to receive at
25 the option of the member, in lieu of the regular or minimum
26 retirement annuity, a retirement annuity computed as
27 follows:
28 (i) for periods of service as a noncovered
29 employee, 2 1/4% of final average compensation for each
30 of the first 10 years of creditable service, 2 1/2% for
31 each year above 10 years to and including 20 years of
32 creditable service, and 2 3/4% for each year of
33 creditable service above 20 years; and
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1 (ii) for periods of eligible creditable service as
2 a covered employee, 1.67% of final average compensation
3 for each of the first 10 years of such service, 1.90% for
4 each of the next 10 years of such service, 2.10% for each
5 year of such service in excess of 20 but not exceeding
6 30, and 2.30% for each year in excess of 30.
7 Such annuity shall be subject to a maximum of 75% of
8 final average compensation. These rates shall not be
9 applicable to any service performed by a member as a covered
10 employee which is not eligible creditable service. Service
11 as a covered employee which is not eligible creditable
12 service shall be subject to the rates and provisions of
13 Section 14-108.
14 (b) For the purpose of this Section, "eligible
15 creditable service" means creditable service resulting from
16 service in one or more of the following positions:
17 (1) State policeman;
18 (2) fire fighter in the fire protection service of
19 a department;
20 (3) air pilot;
21 (4) special agent;
22 (5) investigator for the Secretary of State;
23 (6) conservation police officer;
24 (7) investigator for the Department of Revenue;
25 (8) security employee of the Department of Mental
26 Health and Developmental Disabilities;
27 (9) Central Management Services security police
28 officer;
29 (10) security employee of the Department of
30 Corrections;
31 (11) dangerous drugs investigator;
32 (12) investigator for the Department of State
33 Police;
34 (13) investigator for the Office of the Attorney
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1 General;
2 (14) controlled substance inspector;
3 (15) investigator for the Office of the State's
4 Attorneys Appellate Prosecutor;
5 (16) Commerce Commission police officer.
6 A person employed in one of the positions specified in
7 this subsection is entitled to eligible creditable service
8 for service credit earned under this Article while undergoing
9 the basic police training course approved by the Illinois
10 Local Governmental Law Enforcement Officers Training Board,
11 if completion of that training is required of persons serving
12 in that position. For the purposes of this Code, service
13 during the required basic police training course shall be
14 deemed performance of the duties of the specified position,
15 even though the person is not a sworn peace officer at the
16 time of the training.
17 (c) For the purposes of this Section:
18 (1) The term "state policeman" includes any title
19 or position in the Department of State Police that is
20 held by an individual employed under the State Police
21 Act.
22 (2) The term "fire fighter in the fire protection
23 service of a department" includes all officers in such
24 fire protection service including fire chiefs and
25 assistant fire chiefs.
26 (3) The term "air pilot" includes any employee
27 whose official job description on file in the Department
28 of Central Management Services, or in the department by
29 which he is employed if that department is not covered by
30 the Personnel Code, states that his principal duty is the
31 operation of aircraft, and who possesses a pilot's
32 license; however, the change in this definition made by
33 this amendatory Act of 1983 shall not operate to exclude
34 any noncovered employee who was an "air pilot" for the
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1 purposes of this Section on January 1, 1984.
2 (4) The term "special agent" means any person who
3 by reason of employment by the Division of Narcotic
4 Control, the Bureau of Investigation or, after July 1,
5 1977, the Division of Criminal Investigation, the
6 Division of Internal Investigation or any other Division
7 or organizational entity in the Department of State
8 Police is vested by law with duties to maintain public
9 order, investigate violations of the criminal law of this
10 State, enforce the laws of this State, make arrests and
11 recover property. The term "special agent" includes any
12 title or position in the Department of State Police that
13 is held by an individual employed under the State Police
14 Act.
15 (5) The term "investigator for the Secretary of
16 State" means any person employed by the Office of the
17 Secretary of State and vested with such investigative
18 duties as render him ineligible for coverage under the
19 Social Security Act by reason of Sections 218(d)(5)(A),
20 218(d)(8)(D) and 218(l)(1) of that Act.
21 A person who became employed as an investigator for
22 the Secretary of State between January 1, 1967 and
23 December 31, 1975, and who has served as such until
24 attainment of age 60, either continuously or with a
25 single break in service of not more than 3 years
26 duration, which break terminated before January 1, 1976,
27 shall be entitled to have his retirement annuity
28 calculated in accordance with subsection (a),
29 notwithstanding that he has less than 20 years of credit
30 for such service.
31 (6) The term "Conservation Police Officer" means
32 any person employed by the Division of Law Enforcement of
33 the Department of Natural Resources and vested with such
34 law enforcement duties as render him ineligible for
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1 coverage under the Social Security Act by reason of
2 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
3 that Act. The term "Conservation Police Officer"
4 includes the positions of Chief Conservation Police
5 Administrator and Assistant Conservation Police
6 Administrator.
7 (7) The term "investigator for the Department of
8 Revenue" means any person employed by the Department of
9 Revenue and vested with such investigative duties as
10 render him ineligible for coverage under the Social
11 Security Act by reason of Sections 218(d)(5)(A),
12 218(d)(8)(D) and 218(l)(1) of that Act.
13 (8) The term "security employee of the Department
14 of Mental Health and Developmental Disabilities" means
15 any person employed by the Department of Mental Health
16 and Developmental Disabilities who is employed at the
17 Chester Mental Health Center and has daily contact with
18 the residents thereof, or who is a mental health police
19 officer. "Mental health police officer" means any person
20 employed by the Department of Mental Health and
21 Developmental Disabilities who is vested with such law
22 enforcement duties as render him ineligible for coverage
23 under the Social Security Act by reason of Sections
24 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
25 (9) "Central Management Services security police
26 officer" means any person employed by the Department of
27 Central Management Services who is vested with such law
28 enforcement duties as render him ineligible for coverage
29 under the Social Security Act by reason of Sections
30 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
31 (10) The term "security employee of the Department
32 of Corrections" means any employee of the Department of
33 Corrections or the former Department of Personnel, and
34 any member or employee of the Prisoner Review Board, who
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1 has daily contact with inmates by working within a
2 correctional facility or who is a parole officer or an
3 employee who has direct contact with committed persons in
4 the performance of his or her job duties.
5 (11) The term "dangerous drugs investigator" means
6 any person who is employed as such by the Department of
7 Alcoholism and Substance Abuse.
8 (12) The term "investigator for the Department of
9 State Police" means a person employed by the Department
10 of State Police who is vested under Section 4 of the
11 Narcotic Control Division Abolition Act with such law
12 enforcement powers as render him ineligible for coverage
13 under the Social Security Act by reason of Sections
14 218(d)(5)(A), 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
19 coverage under the Social Security Act by reason of
20 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
21 Act. For the period before January 1, 1989, the term
22 includes all persons who were employed as investigators
23 by the Office of the Attorney General, without regard to
24 social security status.
25 (14) "Controlled substance inspector" means any
26 person who is employed as such by the Department of
27 Professional Regulation and is vested with such law
28 enforcement duties as render him ineligible for coverage
29 under the Social Security Act by reason of Sections
30 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
31 The term "controlled substance inspector" includes the
32 Program Executive of Enforcement and the Assistant
33 Program Executive of Enforcement.
34 (15) The term "investigator for the Office of the
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1 State's Attorneys Appellate Prosecutor" means a person
2 employed in that capacity on a full time basis under the
3 authority of Section 7.06 of the State's Attorneys
4 Appellate Prosecutor's Act.
5 (16) "Commerce Commission police officer" means any
6 person employed by the Illinois Commerce Commission who
7 is vested with such law enforcement duties as render him
8 ineligible for coverage under the Social Security Act by
9 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
10 218(l)(1) of that Act.
11 (d) A security employee of the Department of
12 Corrections, and a security employee of the Department of
13 Mental Health and Developmental Disabilities who is not a
14 mental health police officer, shall not be eligible for the
15 alternative retirement annuity provided by this Section
16 unless he or she meets the following minimum age and service
17 requirements at the time of retirement:
18 (i) 25 years of eligible creditable service and age
19 55; or
20 (ii) beginning January 1, 1987, 25 years of
21 eligible creditable service and age 54, or 24 years of
22 eligible creditable service and age 55; or
23 (iii) beginning January 1, 1988, 25 years of
24 eligible creditable service and age 53, or 23 years of
25 eligible creditable service and age 55; or
26 (iv) beginning January 1, 1989, 25 years of
27 eligible creditable service and age 52, or 22 years of
28 eligible creditable service and age 55; or
29 (v) beginning January 1, 1990, 25 years of eligible
30 creditable service and age 51, or 21 years of eligible
31 creditable service and age 55; or
32 (vi) beginning January 1, 1991, 25 years of
33 eligible creditable service and age 50, or 20 years of
34 eligible creditable service and age 55.
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1 Persons who have service credit under Article 16 of this
2 Code for service as a security employee of the Department of
3 Corrections in a position requiring certification as a
4 teacher may count such service toward establishing their
5 eligibility under the service requirements of this Section;
6 but such service may be used only for establishing such
7 eligibility, and not for the purpose of increasing or
8 calculating any benefit.
9 (e) If a member enters military service while working in
10 a position in which eligible creditable service may be
11 earned, and returns to State service in the same or another
12 such position, and fulfills in all other respects the
13 conditions prescribed in this Article for credit for military
14 service, such military service shall be credited as eligible
15 creditable service for the purposes of the retirement annuity
16 prescribed in this Section.
17 (f) For purposes of calculating retirement annuities
18 under this Section, periods of service rendered after
19 December 31, 1968 and before October 1, 1975 as a covered
20 employee in the position of special agent, conservation
21 police officer, mental health police officer, or investigator
22 for the Secretary of State, shall be deemed to have been
23 service as a noncovered employee, provided that the employee
24 pays to the System prior to retirement an amount equal to (1)
25 the difference between the employee contributions that would
26 have been required for such service as a noncovered employee,
27 and the amount of employee contributions actually paid, plus
28 (2) if payment is made after July 31, 1987, regular interest
29 on the amount specified in item (1) from the date of service
30 to the date of payment.
31 For purposes of calculating retirement annuities under
32 this Section, periods of service rendered after December 31,
33 1968 and before January 1, 1982 as a covered employee in the
34 position of investigator for the Department of Revenue shall
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1 be deemed to have been service as a noncovered employee,
2 provided that the employee pays to the System prior to
3 retirement an amount equal to (1) the difference between the
4 employee contributions that would have been required for such
5 service as a noncovered employee, and the amount of employee
6 contributions actually paid, plus (2) if payment is made
7 after January 1, 1990, regular interest on the amount
8 specified in item (1) from the date of service to the date of
9 payment.
10 (g) A State policeman may elect, not later than January
11 1, 1990, to establish eligible creditable service for up to
12 10 years of his service as a policeman under Article 3, by
13 filing a written election with the Board, accompanied by
14 payment of an amount to be determined by the Board, equal to
15 (i) the difference between the amount of employee and
16 employer contributions transferred to the System under
17 Section 3-110.5, and the amounts that would have been
18 contributed had such contributions been made at the rates
19 applicable to State policemen, plus (ii) interest thereon at
20 the effective rate for each year, compounded annually, from
21 the date of service to the date of payment.
22 Subject to the limitation in subsection (i), a State
23 policeman may elect, not later than July 1, 1993, to
24 establish eligible creditable service for up to 10 years of
25 his service as a member of the County Police Department under
26 Article 9, by filing a written election with the Board,
27 accompanied by payment of an amount to be determined by the
28 Board, equal to (i) the difference between the amount of
29 employee and employer contributions transferred to the System
30 under Section 9-121.10 and the amounts that would have been
31 contributed had those contributions been made at the rates
32 applicable to State policemen, plus (ii) interest thereon at
33 the effective rate for each year, compounded annually, from
34 the date of service to the date of payment.
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1 (h) Subject to the limitation in subsection (i), a State
2 policeman or investigator for the Secretary of State may
3 elect to establish eligible creditable service for up to 12
4 years of his service as a policeman under Article 5, by
5 filing a written election with the Board on or before January
6 31, 1992, and paying to the System by January 31, 1994 an
7 amount to be determined by the Board, equal to (i) the
8 difference between the amount of employee and employer
9 contributions transferred to the System under Section 5-236,
10 and the amounts that would have been contributed had such
11 contributions been made at the rates applicable to State
12 policemen, plus (ii) interest thereon at the effective rate
13 for each year, compounded annually, from the date of service
14 to the date of payment.
15 Subject to the limitation in subsection (i), a State
16 policeman, conservation police officer, or investigator for
17 the Secretary of State may elect to establish eligible
18 creditable service for up to 10 years of service as a
19 sheriff's law enforcement employee under Article 7, by filing
20 a written election with the Board on or before January 31,
21 1993, and paying to the System by January 31, 1994 an amount
22 to be determined by the Board, equal to (i) the difference
23 between the amount of employee and employer contributions
24 transferred to the System under Section 7-139.7, and the
25 amounts that would have been contributed had such
26 contributions been made at the rates applicable to State
27 policemen, plus (ii) interest thereon at the effective rate
28 for each year, compounded annually, from the date of service
29 to the date of payment.
30 (i) The total amount of eligible creditable service
31 established by any person under subsections (g), (h), and
32 (j), and (k) of this Section shall not exceed 12 years.
33 (j) Subject to the limitation in subsection (i), an
34 investigator for the Office of the State's Attorneys
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1 Appellate Prosecutor may elect to establish eligible
2 creditable service for up to 10 years of his service as a
3 policeman under Article 3 or a sheriff's law enforcement
4 employee under Article 7, by filing a written election with
5 the Board, accompanied by payment of an amount to be
6 determined by the Board, equal to (1) the difference between
7 the amount of employee and employer contributions transferred
8 to the System under Section 3-110.6 or 7-139.8, and the
9 amounts that would have been contributed had such
10 contributions been made at the rates applicable to State
11 policemen, plus (2) interest thereon at the effective rate
12 for each year, compounded annually, from the date of service
13 to the date of payment.
14 (k) Subject to the limitation in subsection (i), an
15 active member who is a former elected county sheriff may
16 elect to establish eligible creditable service for up to 12
17 years of his or her service as a policeman under Article 3 or
18 a sheriff's law enforcement employee or municipal conservator
19 of the peace under Article 7, by filing a written election
20 with the Board, accompanied by payment of an amount to be
21 determined by the Board, equal to (1) the difference between
22 the amount of employee and employer contributions transferred
23 to the System under Section 3-110.5 or 7-139.7, whichever is
24 applicable, and the amounts that would have been contributed
25 had such contributions been made at the rates applicable to
26 State policemen, plus (2) interest thereon at the effective
27 rate for each year, compounded annually, from the date of
28 service to the date of payment. A member who is eligible to
29 establish creditable service under this subsection (k) and
30 who, at the time of application, is not employed in a
31 position for which he or she earns eligible creditable
32 service may elect to establish regular creditable service
33 under this subsection, in which case the required
34 contributions shall be based on the rates applicable to
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1 regular coordinated or noncoordinated employees, whichever is
2 applicable, rather than the rates applicable to State
3 policemen.
4 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96.)
5 (Text of Section after amendment by P.A. 89-507)
6 Sec. 14-110. Alternative retirement annuity.
7 (a) Any member who has withdrawn from service with not
8 less than 20 years of eligible creditable service and has
9 attained age 55, and any member who has withdrawn from
10 service with not less than 25 years of eligible creditable
11 service and has attained age 50, regardless of whether the
12 attainment of either of the specified ages occurs while the
13 member is still in service, shall be entitled to receive at
14 the option of the member, in lieu of the regular or minimum
15 retirement annuity, a retirement annuity computed as
16 follows:
17 (i) for periods of service as a noncovered
18 employee, 2 1/4% of final average compensation for each
19 of the first 10 years of creditable service, 2 1/2% for
20 each year above 10 years to and including 20 years of
21 creditable service, and 2 3/4% for each year of
22 creditable service above 20 years; and
23 (ii) for periods of eligible creditable service as
24 a covered employee, 1.67% of final average compensation
25 for each of the first 10 years of such service, 1.90% for
26 each of the next 10 years of such service, 2.10% for each
27 year of such service in excess of 20 but not exceeding
28 30, and 2.30% for each year in excess of 30.
29 Such annuity shall be subject to a maximum of 75% of
30 final average compensation. These rates shall not be
31 applicable to any service performed by a member as a covered
32 employee which is not eligible creditable service. Service
33 as a covered employee which is not eligible creditable
34 service shall be subject to the rates and provisions of
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1 Section 14-108.
2 (b) For the purpose of this Section, "eligible
3 creditable service" means creditable service resulting from
4 service in one or more of the following positions:
5 (1) State policeman;
6 (2) fire fighter in the fire protection service of
7 a department;
8 (3) air pilot;
9 (4) special agent;
10 (5) investigator for the Secretary of State;
11 (6) conservation police officer;
12 (7) investigator for the Department of Revenue;
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;
19 (11) dangerous drugs investigator;
20 (12) investigator for the Department of State
21 Police;
22 (13) investigator for the Office of the Attorney
23 General;
24 (14) controlled substance inspector;
25 (15) investigator for the Office of the State's
26 Attorneys Appellate Prosecutor;
27 (16) Commerce Commission police officer.
28 A person employed in one of the positions specified in
29 this subsection is entitled to eligible creditable service
30 for service credit earned under this Article while undergoing
31 the basic police training course approved by the Illinois
32 Local Governmental Law Enforcement Officers Training Board,
33 if completion of that training is required of persons serving
34 in that position. For the purposes of this Code, service
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1 during the required basic police training course shall be
2 deemed performance of the duties of the specified position,
3 even though the person is not a sworn peace officer at the
4 time of the training.
5 (c) For the purposes of this Section:
6 (1) The term "state policeman" includes any title
7 or position in the Department of State Police that is
8 held by an individual employed under the State Police
9 Act.
10 (2) The term "fire fighter in the fire protection
11 service of a department" includes all officers in such
12 fire protection service including fire chiefs and
13 assistant fire chiefs.
14 (3) The term "air pilot" includes any employee
15 whose official job description on file in the Department
16 of Central Management Services, or in the department by
17 which he is employed if that department is not covered by
18 the Personnel Code, states that his principal duty is the
19 operation of aircraft, and who possesses a pilot's
20 license; however, the change in this definition made by
21 this amendatory Act of 1983 shall not operate to exclude
22 any noncovered employee who was an "air pilot" for the
23 purposes of this Section on January 1, 1984.
24 (4) The term "special agent" means any person who
25 by reason of employment by the Division of Narcotic
26 Control, the Bureau of Investigation or, after July 1,
27 1977, the Division of Criminal Investigation, the
28 Division of Internal Investigation or any other Division
29 or organizational entity in the Department of State
30 Police is vested by law with duties to maintain public
31 order, investigate violations of the criminal law of this
32 State, enforce the laws of this State, make arrests and
33 recover property. The term "special agent" includes any
34 title or position in the Department of State Police that
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1 is held by an individual employed under the State Police
2 Act.
3 (5) The term "investigator for the Secretary of
4 State" means any person employed by the Office of the
5 Secretary of State and vested with such investigative
6 duties as render him ineligible for coverage under the
7 Social Security Act by reason of Sections 218(d)(5)(A),
8 218(d)(8)(D) and 218(l)(1) of that Act.
9 A person who became employed as an investigator for
10 the Secretary of State between January 1, 1967 and
11 December 31, 1975, and who has served as such until
12 attainment of age 60, either continuously or with a
13 single break in service of not more than 3 years
14 duration, which break terminated before January 1, 1976,
15 shall be entitled to have his retirement annuity
16 calculated in accordance with subsection (a),
17 notwithstanding that he has less than 20 years of credit
18 for such service.
19 (6) The term "Conservation Police Officer" means
20 any person employed by the Division of Law Enforcement of
21 the Department of Natural Resources and vested with such
22 law enforcement duties as render him ineligible for
23 coverage under the Social Security Act by reason of
24 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
25 that Act. The term "Conservation Police Officer"
26 includes the positions of Chief Conservation Police
27 Administrator and Assistant Conservation Police
28 Administrator.
29 (7) The term "investigator for the Department of
30 Revenue" means any person employed by the Department of
31 Revenue and vested with such investigative duties as
32 render him ineligible for coverage under the Social
33 Security Act by reason of Sections 218(d)(5)(A),
34 218(d)(8)(D) and 218(l)(1) of that Act.
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1 (8) The term "security employee of the Department
2 of Human Services" means any person employed by the
3 Department of Human Services who is employed at the
4 Chester Mental Health Center and has daily contact with
5 the residents thereof, or who is a mental health police
6 officer. "Mental health police officer" means any person
7 employed by the Department of Human Services in a
8 position pertaining to the Department's mental health and
9 developmental disabilities functions who is vested with
10 such law enforcement duties as render the person
11 ineligible for coverage under the Social Security Act by
12 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
13 218(l)(1) of that Act.
14 (9) "Central Management Services security police
15 officer" means any person employed by the Department of
16 Central Management Services who is vested with such law
17 enforcement duties as render him ineligible for coverage
18 under the Social Security Act by reason of Sections
19 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
20 (10) The term "security employee of the Department
21 of Corrections" means any employee of the Department of
22 Corrections or the former Department of Personnel, and
23 any member or employee of the Prisoner Review Board, who
24 has daily contact with inmates by working within a
25 correctional facility or who is a parole officer or an
26 employee who has direct contact with committed persons in
27 the performance of his or her job duties.
28 (11) The term "dangerous drugs investigator" means
29 any person who is employed as such by the Department of
30 Human Services.
31 (12) The term "investigator for the Department of
32 State Police" means a person employed by the Department
33 of State Police who is vested under Section 4 of the
34 Narcotic Control Division Abolition Act with such law
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1 enforcement powers as render him ineligible for coverage
2 under the Social Security Act by reason of Sections
3 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
4 (13) "Investigator for the Office of the Attorney
5 General" means any person who is employed as such by the
6 Office of the Attorney General and is vested with such
7 investigative duties as render him ineligible for
8 coverage under the Social Security Act by reason of
9 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
10 Act. For the period before January 1, 1989, the term
11 includes all persons who were employed as investigators
12 by the Office of the Attorney General, without regard to
13 social security status.
14 (14) "Controlled substance inspector" means any
15 person who is employed as such by the Department of
16 Professional Regulation and is vested with such law
17 enforcement duties as render him ineligible for coverage
18 under the Social Security Act by reason of Sections
19 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
20 The term "controlled substance inspector" includes the
21 Program Executive of Enforcement and the Assistant
22 Program Executive of Enforcement.
23 (15) The term "investigator for the Office of the
24 State's Attorneys Appellate Prosecutor" means a person
25 employed in that capacity on a full time basis under the
26 authority of Section 7.06 of the State's Attorneys
27 Appellate Prosecutor's Act.
28 (16) "Commerce Commission police officer" means any
29 person employed by the Illinois Commerce Commission who
30 is vested with such law enforcement duties as render him
31 ineligible for coverage under the Social Security Act by
32 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
33 218(l)(1) of that Act.
34 (d) A security employee of the Department of
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1 Corrections, and a security employee of the Department of
2 Human Services who is not a mental health police officer,
3 shall not be eligible for the alternative retirement annuity
4 provided by this Section unless he or she meets the following
5 minimum age and service requirements at the time of
6 retirement:
7 (i) 25 years of eligible creditable service and age
8 55; or
9 (ii) beginning January 1, 1987, 25 years of
10 eligible creditable service and age 54, or 24 years of
11 eligible creditable service and age 55; or
12 (iii) beginning January 1, 1988, 25 years of
13 eligible creditable service and age 53, or 23 years of
14 eligible creditable service and age 55; or
15 (iv) beginning January 1, 1989, 25 years of
16 eligible creditable service and age 52, or 22 years of
17 eligible creditable service and age 55; or
18 (v) beginning January 1, 1990, 25 years of eligible
19 creditable service and age 51, or 21 years of eligible
20 creditable service and age 55; or
21 (vi) beginning January 1, 1991, 25 years of
22 eligible creditable service and age 50, or 20 years of
23 eligible creditable service and age 55.
24 Persons who have service credit under Article 16 of this
25 Code for service as a security employee of the Department of
26 Corrections in a position requiring certification as a
27 teacher may count such service toward establishing their
28 eligibility under the service requirements of this Section;
29 but such service may be used only for establishing such
30 eligibility, and not for the purpose of increasing or
31 calculating any benefit.
32 (e) If a member enters military service while working in
33 a position in which eligible creditable service may be
34 earned, and returns to State service in the same or another
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1 such position, and fulfills in all other respects the
2 conditions prescribed in this Article for credit for military
3 service, such military service shall be credited as eligible
4 creditable service for the purposes of the retirement annuity
5 prescribed in this Section.
6 (f) For purposes of calculating retirement annuities
7 under this Section, periods of service rendered after
8 December 31, 1968 and before October 1, 1975 as a covered
9 employee in the position of special agent, conservation
10 police officer, mental health police officer, or investigator
11 for the Secretary of State, shall be deemed to have been
12 service as a noncovered employee, provided that the employee
13 pays to the System prior to retirement an amount equal to (1)
14 the difference between the employee contributions that would
15 have been required for such service as a noncovered employee,
16 and the amount of employee contributions actually paid, plus
17 (2) if payment is made after July 31, 1987, regular interest
18 on the amount specified in item (1) from the date of service
19 to the date of payment.
20 For purposes of calculating retirement annuities under
21 this Section, periods of service rendered after December 31,
22 1968 and before January 1, 1982 as a covered employee in the
23 position of investigator for the Department of Revenue shall
24 be deemed to have been service as a noncovered employee,
25 provided that the employee pays to the System prior to
26 retirement an amount equal to (1) the difference between the
27 employee contributions that would have been required for such
28 service as a noncovered employee, and the amount of employee
29 contributions actually paid, plus (2) if payment is made
30 after January 1, 1990, regular interest on the amount
31 specified in item (1) from the date of service to the date of
32 payment.
33 (g) A State policeman may elect, not later than January
34 1, 1990, to establish eligible creditable service for up to
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1 10 years of his service as a policeman under Article 3, by
2 filing a written election with the Board, accompanied by
3 payment of an amount to be determined by the Board, equal to
4 (i) the difference between the amount of employee and
5 employer contributions transferred to the System under
6 Section 3-110.5, and the amounts that would have been
7 contributed had such contributions been made at the rates
8 applicable to State policemen, plus (ii) interest thereon at
9 the effective rate for each year, compounded annually, from
10 the date of service to the date of payment.
11 Subject to the limitation in subsection (i), a State
12 policeman may elect, not later than July 1, 1993, to
13 establish eligible creditable service for up to 10 years of
14 his service as a member of the County Police Department under
15 Article 9, by filing a written election with the Board,
16 accompanied by payment of an amount to be determined by the
17 Board, equal to (i) the difference between the amount of
18 employee and employer contributions transferred to the System
19 under Section 9-121.10 and the amounts that would have been
20 contributed had those contributions been made at the rates
21 applicable to State policemen, plus (ii) interest thereon at
22 the effective rate for each year, compounded annually, from
23 the date of service to the date of payment.
24 (h) Subject to the limitation in subsection (i), a State
25 policeman or investigator for the Secretary of State may
26 elect to establish eligible creditable service for up to 12
27 years of his service as a policeman under Article 5, by
28 filing a written election with the Board on or before January
29 31, 1992, and paying to the System by January 31, 1994 an
30 amount to be determined by the Board, equal to (i) the
31 difference between the amount of employee and employer
32 contributions transferred to the System under Section 5-236,
33 and the amounts that would have been contributed had such
34 contributions been made at the rates applicable to State
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1 policemen, plus (ii) interest thereon at the effective rate
2 for each year, compounded annually, from the date of service
3 to the date of payment.
4 Subject to the limitation in subsection (i), a State
5 policeman, conservation police officer, or investigator for
6 the Secretary of State may elect to establish eligible
7 creditable service for up to 10 years of service as a
8 sheriff's law enforcement employee under Article 7, by filing
9 a written election with the Board on or before January 31,
10 1993, and paying to the System by January 31, 1994 an amount
11 to be determined by the Board, equal to (i) the difference
12 between the amount of employee and employer contributions
13 transferred to the System under Section 7-139.7, and the
14 amounts that would have been contributed had such
15 contributions been made at the rates applicable to State
16 policemen, plus (ii) interest thereon at the effective rate
17 for each year, compounded annually, from the date of service
18 to the date of payment.
19 (i) The total amount of eligible creditable service
20 established by any person under subsections (g), (h), and
21 (j), and (k) of this Section shall not exceed 12 years.
22 (j) Subject to the limitation in subsection (i), an
23 investigator for the Office of the State's Attorneys
24 Appellate Prosecutor may elect to establish eligible
25 creditable service for up to 10 years of his service as a
26 policeman under Article 3 or a sheriff's law enforcement
27 employee under Article 7, by filing a written election with
28 the Board, accompanied by payment of an amount to be
29 determined by the Board, equal to (1) the difference between
30 the amount of employee and employer contributions transferred
31 to the System under Section 3-110.6 or 7-139.8, and the
32 amounts that would have been contributed had such
33 contributions been made at the rates applicable to State
34 policemen, plus (2) interest thereon at the effective rate
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1 for each year, compounded annually, from the date of service
2 to the date of payment.
3 (k) Subject to the limitation in subsection (i), an
4 active member who is a former elected county sheriff may
5 elect to establish eligible creditable service for up to 12
6 years of his or her service as a policeman under Article 3 or
7 a sheriff's law enforcement employee or municipal conservator
8 of the peace under Article 7, by filing a written election
9 with the Board, accompanied by payment of an amount to be
10 determined by the Board, equal to (1) the difference between
11 the amount of employee and employer contributions transferred
12 to the System under Section 3-110.5 or 7-139.7, whichever is
13 applicable, and the amounts that would have been contributed
14 had such contributions been made at the rates applicable to
15 State policemen, plus (2) interest thereon at the effective
16 rate for each year, compounded annually, from the date of
17 service to the date of payment. A member who is eligible to
18 establish creditable service under this subsection (k) and
19 who, at the time of application, is not employed in a
20 position for which he or she earns eligible creditable
21 service may elect to establish regular creditable service
22 under this subsection, in which case the required
23 contributions shall be based on the rates applicable to
24 regular coordinated or noncoordinated employees, whichever is
25 applicable, rather than the rates applicable to State
26 policemen.
27 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
28 89-507, eff. 7-1-97.)
29 Section 90. The State Mandates Act is amended by adding
30 Section 8.21 as follows:
31 (30 ILCS 805/8.21 new)
32 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
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1 and 8 of this Act, no reimbursement by the State is required
2 for the implementation of any mandate created by this
3 amendatory Act of 1997.
4 Section 95. No acceleration or delay. Where this Act
5 makes changes in a statute that is represented in this Act by
6 text that is not yet or no longer in effect (for example, a
7 Section represented by multiple versions), the use of that
8 text does not accelerate or delay the taking effect of (i)
9 the changes made by this Act or (ii) provisions derived from
10 any other Public Act.
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.