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| Public Act 100-0019 | ||||
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AN ACT concerning the Department of Juvenile Justice.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing | ||||
Section 14-110 as follows:
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(40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
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(Text of Section WITHOUT the changes made by P.A. 98-599, | ||||
which has been
held unconstitutional)
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Sec. 14-110. Alternative retirement annuity.
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(a) Any member who has withdrawn from service with not less | ||||
than 20
years of eligible creditable service and has attained | ||||
age 55, and any
member who has withdrawn from service with not | ||||
less than 25 years of
eligible creditable service and has | ||||
attained age 50, regardless of whether
the attainment of either | ||||
of the specified ages occurs while the member is
still in | ||||
service, shall be entitled to receive at the option of the | ||||
member,
in lieu of the regular or minimum retirement annuity, a | ||||
retirement annuity
computed as follows:
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(i) for periods of service as a noncovered employee:
if | ||||
retirement occurs on or after January 1, 2001, 3% of final
| ||||
average compensation for each year of creditable service; | ||||
if retirement occurs
before January 1, 2001, 2 1/4% of | ||||
final average compensation for each of the
first 10 years | ||||
of creditable service, 2 1/2% for each year above 10 years | ||
to
and including 20 years of creditable service, and 2 3/4% | ||
for each year of
creditable service above 20 years; and
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(ii) for periods of eligible creditable service as a | ||
covered employee:
if retirement occurs on or after January | ||
1, 2001, 2.5% of final average
compensation for each year | ||
of creditable service; if retirement occurs before
January | ||
1, 2001, 1.67% of final average compensation for each of | ||
the first
10 years of such service, 1.90% for each of the | ||
next 10 years of such service,
2.10% for each year of such | ||
service in excess of 20 but not exceeding 30, and
2.30% for | ||
each year in excess of 30.
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Such annuity shall be subject to a maximum of 75% of final | ||
average
compensation if retirement occurs before January 1, | ||
2001 or to a maximum
of 80% of final average compensation if | ||
retirement occurs on or after January
1, 2001.
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These rates shall not be applicable to any service | ||
performed
by a member as a covered employee which is not | ||
eligible creditable service.
Service as a covered employee | ||
which is not eligible creditable service
shall be subject to | ||
the rates and provisions of Section 14-108.
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(b) For the purpose of this Section, "eligible creditable | ||
service" means
creditable service resulting from service in one | ||
or more of the following
positions:
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(1) State policeman;
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(2) fire fighter in the fire protection service of a | ||
department;
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(3) air pilot;
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(4) special agent;
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(5) investigator for the Secretary of State;
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(6) conservation police officer;
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(7) investigator for the Department of Revenue or the | ||
Illinois Gaming Board;
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(8) security employee of the Department of Human | ||
Services;
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(9) Central Management Services security police | ||
officer;
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(10) security employee of the Department of | ||
Corrections or the Department of Juvenile Justice;
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(11) dangerous drugs investigator;
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(12) investigator for the Department of State Police;
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(13) investigator for the Office of the Attorney | ||
General;
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(14) controlled substance inspector;
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(15) investigator for the Office of the State's | ||
Attorneys Appellate
Prosecutor;
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(16) Commerce Commission police officer;
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(17) arson investigator;
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(18) State highway maintenance worker.
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A person employed in one of the positions specified in this | ||
subsection is
entitled to eligible creditable service for | ||
service credit earned under this
Article while undergoing the | ||
basic police training course approved by the
Illinois Law | ||
Enforcement Training
Standards Board, if
completion of that | ||
training is required of persons serving in that position.
For | ||
the purposes of this Code, service during the required basic | ||
police
training course shall be deemed performance of the | ||
duties of the specified
position, even though the person is not | ||
a sworn peace officer at the time of
the training.
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(c) For the purposes of this Section:
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(1) The term "state policeman" includes any title or | ||
position
in the Department of State Police that is held by | ||
an individual employed
under the State Police Act.
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(2) The term "fire fighter in the fire protection | ||
service of a
department" includes all officers in such fire | ||
protection service
including fire chiefs and assistant | ||
fire chiefs.
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(3) The term "air pilot" includes any employee whose | ||
official job
description on file in the Department of | ||
Central Management Services, or
in the department by which | ||
he is employed if that department is not covered
by the | ||
Personnel Code, states that his principal duty is the | ||
operation of
aircraft, and who possesses a pilot's license; | ||
however, the change in this
definition made by this | ||
amendatory Act of 1983 shall not operate to exclude
any | ||
noncovered employee who was an "air pilot" for the purposes | ||
of this
Section on January 1, 1984.
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(4) The term "special agent" means any person who by | ||
reason of
employment by the Division of Narcotic Control, | ||
the Bureau of Investigation
or, after July 1, 1977, the | ||
Division of Criminal Investigation, the
Division of | ||
Internal Investigation, the Division of Operations, or any
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other Division or organizational
entity in the Department | ||
of State Police is vested by law with duties to
maintain | ||
public order, investigate violations of the criminal law of | ||
this
State, enforce the laws of this State, make arrests | ||
and recover property.
The term "special agent" includes any | ||
title or position in the Department
of State Police that is | ||
held by an individual employed under the State
Police Act.
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(5) The term "investigator for the Secretary of State" | ||
means any person
employed by the Office of the Secretary of | ||
State and vested with such
investigative duties as render | ||
him ineligible for coverage under the Social
Security Act | ||
by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||
218(l)(1)
of that Act.
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A person who became employed as an investigator for the | ||
Secretary of
State between January 1, 1967 and December 31, | ||
1975, and who has served as
such until attainment of age | ||
60, either continuously or with a single break
in service | ||
of not more than 3 years duration, which break terminated | ||
before
January 1, 1976, shall be entitled to have his | ||
retirement annuity
calculated in accordance with | ||
subsection (a), notwithstanding
that he has less than 20 | ||
years of credit for such service.
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(6) The term "Conservation Police Officer" means any | ||
person employed
by the Division of Law Enforcement of the | ||
Department of Natural Resources and
vested with such law | ||
enforcement duties as render him ineligible for coverage
| ||
under the Social Security Act by reason of Sections | ||
218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||
term "Conservation Police Officer" includes
the positions | ||
of Chief Conservation Police Administrator and Assistant
| ||
Conservation Police Administrator.
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(7) The term "investigator for the Department of | ||
Revenue" means any
person employed by the Department of | ||
Revenue and vested with such
investigative duties as render | ||
him ineligible for coverage under the Social
Security Act | ||
by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||
218(l)(1)
of that Act.
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The term "investigator for the Illinois Gaming Board" | ||
means any
person employed as such by the Illinois Gaming | ||
Board and vested with such
peace officer duties as render | ||
the person ineligible for coverage under the Social
| ||
Security Act by reason of Sections 218(d)(5)(A), | ||
218(d)(8)(D), and 218(l)(1)
of that Act.
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(8) The term "security employee of the Department of | ||
Human Services"
means any person employed by the Department | ||
of Human Services who (i) is
employed at the Chester Mental | ||
Health Center and has daily contact with the
residents | ||
thereof, (ii) is employed within a security unit at a | ||
facility
operated by the Department and has daily contact | ||
with the residents of the
security unit, (iii) is employed | ||
at a facility operated by the Department
that includes a | ||
security unit and is regularly scheduled to work at least
| ||
50% of his or her working hours within that security unit, | ||
or (iv) is a mental health police officer.
"Mental health | ||
police officer" means any person employed by the Department | ||
of
Human Services in a position pertaining to the | ||
Department's mental health and
developmental disabilities | ||
functions who is vested with such law enforcement
duties as | ||
render the person ineligible for coverage under the Social | ||
Security
Act by reason of Sections 218(d)(5)(A), | ||
218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | ||
means that portion of a facility that is devoted to
the | ||
care, containment, and treatment of persons committed to | ||
the Department of
Human Services as sexually violent | ||
persons, persons unfit to stand trial, or
persons not | ||
guilty by reason of insanity. With respect to past | ||
employment,
references to the Department of Human Services | ||
include its predecessor, the
Department of Mental Health | ||
and Developmental Disabilities.
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The changes made to this subdivision (c)(8) by Public | ||
Act 92-14 apply to persons who retire on or after January | ||
1,
2001, notwithstanding Section 1-103.1.
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(9) "Central Management Services security police | ||
officer" means any
person employed by the Department of | ||
Central Management Services who is
vested with such law | ||
enforcement duties as render him ineligible for
coverage | ||
under the Social Security Act by reason of Sections | ||
218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
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(10) For a member who first became an employee under | ||
this Article before July 1, 2005, the term "security | ||
employee of the Department of Corrections or the Department | ||
of Juvenile Justice"
means any employee of the Department | ||
of Corrections or the Department of Juvenile Justice or the | ||
former
Department of Personnel, and any member or employee | ||
of the Prisoner
Review Board, who has daily contact with | ||
inmates or youth by working within a
correctional facility | ||
or Juvenile facility operated by the Department of Juvenile | ||
Justice or who is a parole officer or an employee who has
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direct contact with committed persons in the performance of | ||
his or her
job duties. For a member who first becomes an | ||
employee under this Article on or after July 1, 2005, the | ||
term means an employee of the Department of Corrections or | ||
the Department of Juvenile Justice who is any of the | ||
following: (i) officially headquartered at a correctional | ||
facility or Juvenile facility operated by the Department of | ||
Juvenile Justice, (ii) a parole officer, (iii) a member of | ||
the apprehension unit, (iv) a member of the intelligence | ||
unit, (v) a member of the sort team, or (vi) an | ||
investigator.
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(11) The term "dangerous drugs investigator" means any | ||
person who is
employed as such by the Department of Human | ||
Services.
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(12) The term "investigator for the Department of State | ||
Police" means
a person employed by the Department of State | ||
Police who is vested under
Section 4 of the Narcotic | ||
Control Division Abolition Act with such
law enforcement | ||
powers as render him ineligible for coverage under the
| ||
Social Security Act by reason of Sections 218(d)(5)(A), | ||
218(d)(8)(D) and
218(l)(1) of that Act.
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(13) "Investigator for the Office of the Attorney | ||
General" means any
person who is employed as such by the | ||
Office of the Attorney General and
is vested with such | ||
investigative duties as render him ineligible for
coverage | ||
under the Social Security Act by reason of Sections | ||
218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||
the period before January 1,
1989, the term includes all | ||
persons who were employed as investigators by the
Office of | ||
the Attorney General, without regard to social security | ||
status.
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(14) "Controlled substance inspector" means any person | ||
who is employed
as such by the Department of Professional | ||
Regulation and is vested with such
law enforcement duties | ||
as render him ineligible for coverage under the Social
| ||
Security Act by reason of Sections 218(d)(5)(A), | ||
218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||
"controlled substance inspector" includes the Program
| ||
Executive of Enforcement and the Assistant Program | ||
Executive of Enforcement.
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(15) The term "investigator for the Office of the | ||
State's Attorneys
Appellate Prosecutor" means a person | ||
employed in that capacity on a full
time basis under the | ||
authority of Section 7.06 of the State's Attorneys
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Appellate Prosecutor's Act.
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(16) "Commerce Commission police officer" means any | ||
person employed
by the Illinois Commerce Commission who is | ||
vested with such law
enforcement duties as render him | ||
ineligible for coverage under the Social
Security Act by | ||
reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||
218(l)(1) of that Act.
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(17) "Arson investigator" means any person who is | ||
employed as such by
the Office of the State Fire Marshal | ||
and is vested with such law enforcement
duties as render | ||
the person ineligible for coverage under the Social | ||
Security
Act by reason of Sections 218(d)(5)(A), | ||
218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||
employed as an arson
investigator on January 1, 1995 and is | ||
no longer in service but not yet
receiving a retirement | ||
annuity may convert his or her creditable service for
| ||
employment as an arson investigator into eligible | ||
creditable service by paying
to the System the difference | ||
between the employee contributions actually paid
for that | ||
service and the amounts that would have been contributed if | ||
the
applicant were contributing at the rate applicable to | ||
persons with the same
social security status earning | ||
eligible creditable service on the date of
application.
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(18) The term "State highway maintenance worker" means | ||
a person who is
either of the following:
| ||
(i) A person employed on a full-time basis by the | ||
Illinois
Department of Transportation in the position | ||
of
highway maintainer,
highway maintenance lead | ||
worker,
highway maintenance lead/lead worker,
heavy | ||
construction equipment operator,
power shovel | ||
operator, or
bridge mechanic; and
whose principal | ||
responsibility is to perform, on the roadway, the | ||
actual
maintenance necessary to keep the highways that | ||
form a part of the State
highway system in serviceable | ||
condition for vehicular traffic.
| ||
(ii) A person employed on a full-time basis by the | ||
Illinois
State Toll Highway Authority in the position | ||
of
equipment operator/laborer H-4,
equipment | ||
operator/laborer H-6,
welder H-4,
welder H-6,
| ||
mechanical/electrical H-4,
mechanical/electrical H-6,
| ||
water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||
H-4,
sign maker/hanger H-6,
roadway lighting H-4,
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roadway lighting H-6,
structural H-4,
structural H-6,
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painter H-4, or
painter H-6; and
whose principal | ||
responsibility is to perform, on the roadway, the | ||
actual
maintenance necessary to keep the Authority's | ||
tollways in serviceable condition
for vehicular | ||
traffic.
| ||
(d) A security employee of the Department of Corrections or | ||
the Department of Juvenile Justice, and a security
employee of | ||
the Department of Human Services who is not a mental health | ||
police
officer, shall not be eligible for the alternative | ||
retirement annuity provided
by this Section unless he or she | ||
meets the following minimum age and service
requirements at the | ||
time of retirement:
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(i) 25 years of eligible creditable service and age 55; | ||
or
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(ii) beginning January 1, 1987, 25 years of eligible | ||
creditable service
and age 54, or 24 years of eligible | ||
creditable service and age 55; or
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(iii) beginning January 1, 1988, 25 years of eligible | ||
creditable service
and age 53, or 23 years of eligible | ||
creditable service and age 55; or
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(iv) beginning January 1, 1989, 25 years of eligible | ||
creditable service
and age 52, or 22 years of eligible | ||
creditable service and age 55; or
| ||
(v) beginning January 1, 1990, 25 years of eligible | ||
creditable service
and age 51, or 21 years of eligible | ||
creditable service and age 55; or
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(vi) beginning January 1, 1991, 25 years of eligible | ||
creditable service
and age 50, or 20 years of eligible | ||
creditable service and age 55.
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Persons who have service credit under Article 16 of this | ||
Code for service
as a security employee of the Department of | ||
Corrections or the Department of Juvenile Justice, or the | ||
Department
of Human Services in a position requiring | ||
certification as a teacher may
count such service toward | ||
establishing their eligibility under the service
requirements | ||
of this Section; but such service may be used only for
| ||
establishing such eligibility, and not for the purpose of | ||
increasing or
calculating any benefit.
| ||
(e) If a member enters military service while working in a | ||
position in
which eligible creditable service may be earned, | ||
and returns to State
service in the same or another such | ||
position, and fulfills in all other
respects the conditions | ||
prescribed in this Article for credit for military
service, | ||
such military service shall be credited as eligible creditable
| ||
service for the purposes of the retirement annuity prescribed | ||
in this Section.
| ||
(f) For purposes of calculating retirement annuities under | ||
this
Section, periods of service rendered after December 31, | ||
1968 and before
October 1, 1975 as a covered employee in the | ||
position of special agent,
conservation police officer, mental | ||
health police officer, or investigator
for the Secretary of | ||
State, shall be deemed to have been service as a
noncovered | ||
employee, provided that the employee pays to the System prior | ||
to
retirement an amount equal to (1) the difference between the | ||
employee
contributions that would have been required for such | ||
service as a
noncovered employee, and the amount of employee | ||
contributions actually
paid, plus (2) if payment is made after | ||
July 31, 1987, regular interest
on the amount specified in item | ||
(1) from the date of service to the date
of payment.
| ||
For purposes of calculating retirement annuities under | ||
this Section,
periods of service rendered after December 31, | ||
1968 and before January 1,
1982 as a covered employee in the | ||
position of investigator for the
Department of Revenue shall be | ||
deemed to have been service as a noncovered
employee, provided | ||
that the employee pays to the System prior to retirement
an | ||
amount equal to (1) the difference between the employee | ||
contributions
that would have been required for such service as | ||
a noncovered employee,
and the amount of employee contributions | ||
actually paid, plus (2) if payment
is made after January 1, | ||
1990, regular interest on the amount specified in
item (1) from | ||
the date of service to the date of payment.
| ||
(g) A State policeman may elect, not later than January 1, | ||
1990, to
establish eligible creditable service for up to 10 | ||
years of his service as
a policeman under Article 3, by filing | ||
a written election with the Board,
accompanied by payment of an | ||
amount to be determined by the Board, equal to
(i) the | ||
difference between the amount of employee and employer
| ||
contributions transferred to the System under Section 3-110.5, | ||
and the
amounts that would have been contributed had such | ||
contributions been made
at the rates applicable to State | ||
policemen, plus (ii) interest thereon at
the effective rate for | ||
each year, compounded annually, from the date of
service to the | ||
date of payment.
| ||
Subject to the limitation in subsection (i), a State | ||
policeman may elect,
not later than July 1, 1993, to establish | ||
eligible creditable service for
up to 10 years of his service | ||
as a member of the County Police Department
under Article 9, by | ||
filing a written election with the Board, accompanied
by | ||
payment of an amount to be determined by the Board, equal to | ||
(i) the
difference between the amount of employee and employer | ||
contributions
transferred to the System under Section 9-121.10 | ||
and the amounts that would
have been contributed had those | ||
contributions been made at the rates
applicable to State | ||
policemen, plus (ii) interest thereon at the effective
rate for | ||
each year, compounded annually, from the date of service to the
| ||
date of payment.
| ||
(h) Subject to the limitation in subsection (i), a State | ||
policeman or
investigator for the Secretary of State may elect | ||
to establish eligible
creditable service for up to 12 years of | ||
his service as a policeman under
Article 5, by filing a written | ||
election with the Board on or before January
31, 1992, and | ||
paying to the System by January 31, 1994 an amount to be
| ||
determined by the Board, equal to (i) the difference between | ||
the amount of
employee and employer contributions transferred | ||
to the System under Section
5-236, and the amounts that would | ||
have been contributed had such
contributions been made at the | ||
rates applicable to State policemen, plus
(ii) interest thereon | ||
at the effective rate for each year, compounded
annually, from | ||
the date of service to the date of payment.
| ||
Subject to the limitation in subsection (i), a State | ||
policeman,
conservation police officer, or investigator for | ||
the Secretary of State may
elect to establish eligible | ||
creditable service for up to 10 years of
service as a sheriff's | ||
law enforcement employee under Article 7, by filing
a written | ||
election with the Board on or before January 31, 1993, and | ||
paying
to the System by January 31, 1994 an amount to be | ||
determined by the Board,
equal to (i) the difference between | ||
the amount of employee and
employer contributions transferred | ||
to the System under Section
7-139.7, and the amounts that would | ||
have been contributed had such
contributions been made at the | ||
rates applicable to State policemen, plus
(ii) interest thereon | ||
at the effective rate for each year, compounded
annually, from | ||
the date of service to the date of payment.
| ||
Subject to the limitation in subsection (i), a State | ||
policeman,
conservation police officer, or investigator for | ||
the Secretary of State may
elect to establish eligible | ||
creditable service for up to 5 years of
service as a police | ||
officer under Article 3, a policeman under Article 5, a | ||
sheriff's law enforcement employee under Article 7, a member of | ||
the county police department under Article 9, or a police | ||
officer under Article 15 by filing
a written election with the | ||
Board and paying
to the System an amount to be determined by | ||
the Board,
equal to (i) the difference between the amount of | ||
employee and
employer contributions transferred to the System | ||
under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||
and the amounts that would have been contributed had such
| ||
contributions been made at the rates applicable to State | ||
policemen, plus
(ii) interest thereon at the effective rate for | ||
each year, compounded
annually, from the date of service to the | ||
date of payment. | ||
Subject to the limitation in subsection (i), an | ||
investigator for the Office of the Attorney General, or an | ||
investigator for the Department of Revenue, may elect to | ||
establish eligible creditable service for up to 5 years of | ||
service as a police officer under Article 3, a policeman under | ||
Article 5, a sheriff's law enforcement employee under Article | ||
7, or a member of the county police department under Article 9 | ||
by filing a written election with the Board within 6 months | ||
after August 25, 2009 (the effective date of Public Act 96-745) | ||
and paying to the System an amount to be determined by the | ||
Board, equal to (i) the difference between the amount of | ||
employee and employer contributions transferred to the System | ||
under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||
amounts that would have been contributed had such contributions | ||
been made at the rates applicable to State policemen, plus (ii) | ||
interest thereon at the actuarially assumed rate for each year, | ||
compounded annually, from the date of service to the date of | ||
payment. | ||
Subject to the limitation in subsection (i), a State | ||
policeman, conservation police officer, investigator for the | ||
Office of the Attorney General, an investigator for the | ||
Department of Revenue, or investigator for the Secretary of | ||
State may elect to establish eligible creditable service for up | ||
to 5 years of service as a person employed by a participating | ||
municipality to perform police duties, or law enforcement | ||
officer employed on a full-time basis by a forest preserve | ||
district under Article 7, a county corrections officer, or a | ||
court services officer under Article 9, by filing a written | ||
election with the Board within 6 months after August 25, 2009 | ||
(the effective date of Public Act 96-745) and paying to the | ||
System an amount to be determined by the Board, equal to (i) | ||
the difference between the amount of employee and employer | ||
contributions transferred to the System under Sections 7-139.8 | ||
and 9-121.10 and the amounts that would have been contributed | ||
had such contributions been made at the rates applicable to | ||
State policemen, plus (ii) interest thereon at the actuarially | ||
assumed rate for each year, compounded annually, from the date | ||
of service to the date of payment. | ||
(i) The total amount of eligible creditable service | ||
established by any
person under subsections (g), (h), (j), (k), | ||
and (l) of this
Section shall not exceed 12 years.
| ||
(j) Subject to the limitation in subsection (i), an | ||
investigator for
the Office of the State's Attorneys Appellate | ||
Prosecutor or a controlled
substance inspector may elect to
| ||
establish eligible creditable service for up to 10 years of his | ||
service as
a policeman under Article 3 or a sheriff's law | ||
enforcement employee under
Article 7, by filing a written | ||
election with the Board, accompanied by
payment of an amount to | ||
be determined by the Board, equal to (1) the
difference between | ||
the amount of employee and employer contributions
transferred | ||
to the System under Section 3-110.6 or 7-139.8, and the amounts
| ||
that would have been contributed had such contributions been | ||
made at the
rates applicable to State policemen, plus (2) | ||
interest thereon at the
effective rate for each year, | ||
compounded annually, from the date of service
to the date of | ||
payment.
| ||
(k) Subject to the limitation in subsection (i) of this | ||
Section, an
alternative formula employee may elect to establish | ||
eligible creditable
service for periods spent as a full-time | ||
law enforcement officer or full-time
corrections officer | ||
employed by the federal government or by a state or local
| ||
government located outside of Illinois, for which credit is not | ||
held in any
other public employee pension fund or retirement | ||
system. To obtain this
credit, the applicant must file a | ||
written application with the Board by March
31, 1998, | ||
accompanied by evidence of eligibility acceptable to the Board | ||
and
payment of an amount to be determined by the Board, equal | ||
to (1) employee
contributions for the credit being established, | ||
based upon the applicant's
salary on the first day as an | ||
alternative formula employee after the employment
for which | ||
credit is being established and the rates then applicable to
| ||
alternative formula employees, plus (2) an amount determined by | ||
the Board
to be the employer's normal cost of the benefits | ||
accrued for the credit being
established, plus (3) regular | ||
interest on the amounts in items (1) and (2) from
the first day | ||
as an alternative formula employee after the employment for | ||
which
credit is being established to the date of payment.
| ||
(l) Subject to the limitation in subsection (i), a security | ||
employee of
the Department of Corrections may elect, not later | ||
than July 1, 1998, to
establish eligible creditable service for | ||
up to 10 years of his or her service
as a policeman under | ||
Article 3, by filing a written election with the Board,
| ||
accompanied by payment of an amount to be determined by the | ||
Board, equal to
(i) the difference between the amount of | ||
employee and employer contributions
transferred to the System | ||
under Section 3-110.5, and the amounts that would
have been | ||
contributed had such contributions been made at the rates | ||
applicable
to security employees of the Department of | ||
Corrections, plus (ii) interest
thereon at the effective rate | ||
for each year, compounded annually, from the date
of service to | ||
the date of payment.
| ||
(m) The amendatory changes to this Section made by this | ||
amendatory Act of the 94th General Assembly apply only to: (1) | ||
security employees of the Department of Juvenile Justice | ||
employed by the Department of Corrections before the effective | ||
date of this amendatory Act of the 94th General Assembly and | ||
transferred to the Department of Juvenile Justice by this | ||
amendatory Act of the 94th General Assembly; and (2) persons | ||
employed by the Department of Juvenile Justice on or after the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly who are required by subsection (b) of Section 3-2.5-15 | ||
of the Unified Code of Corrections to have any a bachelor's or | ||
advanced degree from an accredited college or university with a | ||
specialization in criminal justice, education, psychology, | ||
social work, or a closely related social science or, in the | ||
case of persons who provide vocational training, who are | ||
required to have adequate knowledge in the skill for which they | ||
are providing the vocational training.
| ||
(n) A person employed in a position under subsection (b) of | ||
this Section who has purchased service credit under subsection | ||
(j) of Section 14-104 or subsection (b) of Section 14-105 in | ||
any other capacity under this Article may convert up to 5 years | ||
of that service credit into service credit covered under this | ||
Section by paying to the Fund an amount equal to (1) the | ||
additional employee contribution required under Section | ||
14-133, plus (2) the additional employer contribution required | ||
under Section 14-131, plus (3) interest on items (1) and (2) at | ||
the actuarially assumed rate from the date of the service to | ||
the date of payment. | ||
(Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09; | ||
96-37, eff. 7-13-09; 96-745, eff. 8-25-09; 96-1000, eff. | ||
7-2-10.)
| ||
Section 10. The Unified Code of Corrections is amended by | ||
changing Sections 3-2.5-15 and 3-10-2 as follows: | ||
(730 ILCS 5/3-2.5-15) | ||
Sec. 3-2.5-15. Department of Juvenile Justice; assumption | ||
of duties of the Juvenile Division. | ||
(a) The Department of Juvenile Justice shall assume the | ||
rights, powers, duties, and responsibilities of the Juvenile | ||
Division of the Department of Corrections. Personnel, books, | ||
records, property, and unencumbered appropriations pertaining | ||
to the Juvenile Division of the Department of Corrections shall | ||
be transferred to the Department of Juvenile Justice on the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly. Any rights of employees or the State under the | ||
Personnel Code or any other contract or plan shall be | ||
unaffected by this transfer. | ||
(b) Department of Juvenile Justice personnel who are hired | ||
by the Department on or after the effective date of this | ||
amendatory Act of the 94th General Assembly and who participate | ||
or assist in the rehabilitative and vocational training of | ||
delinquent youths, supervise the daily activities involving | ||
direct and continuing responsibility for the youth's security, | ||
welfare and development, or participate in the personal | ||
rehabilitation of delinquent youth by training, supervising, | ||
and assisting lower level personnel who perform these duties | ||
must be over the age of 21 and have any a bachelor's or | ||
advanced degree from an accredited college or university with a | ||
specialization in criminal justice, education, psychology, | ||
social work, or a closely related social science or other | ||
bachelor's or advanced degree with at least 2 years experience | ||
in the field of juvenile matters. This requirement shall not | ||
apply to security, clerical, food service, and maintenance | ||
staff that do not have direct and regular contact with youth. | ||
The degree requirements specified in this subsection (b) are | ||
not required of persons who provide vocational training and who | ||
have adequate knowledge in the skill for which they are | ||
providing the vocational training. | ||
(c) Subsection (b) of this Section does not apply to | ||
personnel transferred to the Department of Juvenile Justice on | ||
the effective date of this amendatory Act of the 94th General | ||
Assembly. | ||
(d) The Department shall be under the direction of the | ||
Director of Juvenile Justice as provided in this Code. | ||
(e) The Director shall organize divisions within the | ||
Department and shall assign functions, powers, duties, and | ||
personnel as required by law. The Director may create other | ||
divisions and may assign other functions, powers, duties, and | ||
personnel as may be necessary or desirable to carry out the | ||
functions and responsibilities vested by law in the Department. | ||
The Director may, with the approval of the Office of the | ||
Governor, assign to and share functions, powers, duties, and | ||
personnel with other State agencies such that administrative | ||
services and administrative facilities are provided by a shared | ||
administrative service center. Where possible, shared services | ||
which impact youth should be done with child-serving agencies. | ||
These administrative services may include, but are not limited | ||
to, all of the following functions: budgeting, accounting | ||
related functions, auditing, human resources, legal, | ||
procurement, training, data collection and analysis, | ||
information technology, internal investigations, intelligence, | ||
legislative services, emergency response capability, statewide | ||
transportation services, and general office support. | ||
(f) The Department of Juvenile Justice may enter into | ||
intergovernmental cooperation agreements under which minors | ||
adjudicated delinquent and committed to the Department of | ||
Juvenile Justice may participate in county juvenile impact | ||
incarceration programs established under Section 3-6039 of the | ||
Counties Code.
| ||
(g) The Department of Juvenile Justice must comply with the | ||
ethnic and racial background data collection procedures | ||
provided in Section 4.5 of the Criminal Identification Act. | ||
(Source: P.A. 98-528, eff. 1-1-15; 98-689, eff. 1-1-15.)
| ||
(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| ||
Sec. 3-10-2. Examination of Persons Committed to the | ||
Department of Juvenile Justice.
| ||
(a) A person committed to the Department of Juvenile | ||
Justice shall be examined in
regard to his medical, | ||
psychological, social, educational and vocational
condition | ||
and history, including the use of alcohol and other drugs,
the | ||
circumstances of his offense and any other
information as the | ||
Department of Juvenile Justice may determine.
| ||
(a-5) Upon admission of a person committed to the | ||
Department of Juvenile Justice, the Department of Juvenile | ||
Justice must provide the person with appropriate information | ||
concerning HIV and AIDS in writing, verbally, or by video or | ||
other electronic means. The Department of Juvenile Justice | ||
shall develop the informational materials in consultation with | ||
the Department of Public Health. At the same time, the | ||
Department of Juvenile Justice also must offer the person the | ||
option of being tested, at no charge to the person, for | ||
infection with human immunodeficiency virus (HIV). Pre-test | ||
information shall be provided to the committed person and | ||
informed consent obtained as required in subsection (q) of | ||
Section 3 and Section 5 of the AIDS Confidentiality Act. The | ||
Department of Juvenile Justice may conduct opt-out HIV testing | ||
as defined in Section 4 of the AIDS Confidentiality Act. If the | ||
Department conducts opt-out HIV testing, the Department shall | ||
place signs in English, Spanish and other languages as needed | ||
in multiple, highly visible locations in the area where HIV | ||
testing is conducted informing inmates that they will be tested | ||
for HIV unless they refuse, and refusal or acceptance of | ||
testing shall be documented in the inmate's medical record. The | ||
Department shall follow procedures established by the | ||
Department of Public Health to conduct HIV testing and testing | ||
to confirm positive HIV test results. All testing must be | ||
conducted by medical personnel, but pre-test and other | ||
information may be provided by committed persons who have | ||
received appropriate training. The Department, in conjunction | ||
with the Department of Public Health, shall develop a plan that | ||
complies with the AIDS Confidentiality Act to deliver | ||
confidentially all positive or negative HIV test results to | ||
inmates or former inmates. Nothing in this Section shall | ||
require the Department to offer HIV testing to an inmate who is | ||
known to be infected with HIV, or who has been tested for HIV | ||
within the previous 180 days and whose documented HIV test | ||
result is available to the Department electronically. The
| ||
testing provided under this subsection (a-5) shall consist of a | ||
test approved by the Illinois Department of Public Health to | ||
determine the presence of HIV infection, based upon | ||
recommendations of the United States Centers for Disease | ||
Control and Prevention. If the test result is positive, a | ||
reliable supplemental test based upon recommendations of the | ||
United States Centers for Disease Control and Prevention shall | ||
be
administered. | ||
Also upon admission of a person committed to the Department | ||
of Juvenile Justice, the Department of Juvenile Justice must | ||
inform the person of the Department's obligation to provide the | ||
person with medical care.
| ||
(b) Based on its examination, the Department of Juvenile | ||
Justice may exercise the following
powers in developing a | ||
treatment program of any person committed to the Department of | ||
Juvenile Justice:
| ||
(1) Require participation by him in vocational, | ||
physical, educational
and corrective training and | ||
activities to return him to the community.
| ||
(2) Place him in any institution or facility of the | ||
Department of Juvenile Justice.
| ||
(3) Order replacement or referral to the Parole and | ||
Pardon Board as
often as it deems desirable. The Department | ||
of Juvenile Justice shall refer the person to the
Parole | ||
and Pardon Board as required under Section 3-3-4.
| ||
(4) Enter into agreements with the Secretary of Human | ||
Services and
the Director of Children and Family
Services, | ||
with courts having probation officers, and with private | ||
agencies
or institutions for separate care or special | ||
treatment of persons subject
to the control of the | ||
Department of Juvenile Justice.
| ||
(c) The Department of Juvenile Justice shall make periodic | ||
reexamination of all persons
under the control of the | ||
Department of Juvenile Justice to determine whether existing
| ||
orders in individual cases should be modified or continued. | ||
This
examination shall be made with respect to every person at | ||
least once
annually.
| ||
(d) A record of the treatment decision including any | ||
modification
thereof and the reason therefor, shall be part of | ||
the committed person's
master record file.
| ||
(e) The Department of Juvenile Justice shall by regular | ||
certified mail and telephone or electronic message
notify the | ||
parent, guardian, or nearest relative of any person committed | ||
to
the Department of Juvenile Justice of his or her physical | ||
location and any change of his or her physical location | ||
thereof.
| ||
(Source: P.A. 98-689, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78, | ||
eff. 7-20-15.)
| ||