Public Act 095-1036
 		





SB2520 Enrolled
LRB095 17536 AMC 43610 b






    AN ACT in relation to public employee benefits.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The Illinois Pension Code is amended  by changing 
Sections 3-110.8, 4-109.3, 5-168, 5-178, 7-139.11, 8-163, 
9-156, 9-158, 9-159, 10-103, 11-158, 14-110, by renumbering and 
changing Section 3-110.9 as added by Public Act 95-530 and 
Section 7-139.12 as added by Public Act 95-530, and  by adding 
Sections 5-214.2, 6-151.2, and 10-109 as follows:
 
    (40 ILCS 5/3-110.8)

    Sec. 3-110.8. Transfer to IMRF.
    (a) Until January 1, 2009 2008, any active member of the 
Illinois Municipal Retirement Fund may apply to transfer up to 
who
has less than 8 years of creditable service in a police 
pension fund under this Article, may apply for transfer of his 
or her creditable service accumulated
in that fund to the 
Illinois Municipal
Retirement Fund.  The creditable service 
shall be transferred upon payment by
the police pension fund to 
the Illinois Municipal Retirement Fund of an amount
equal to:
        (1) the amounts accumulated to the credit of the 
    applicant on the books
of the fund on the date of transfer; 
    and

        (2) employer contributions in an amount equal to the 
    amount determined
under subparagraph (1); and

        (3) any interest paid by the applicant in order to 
    reinstate service.

Creditable service transferred to the Illinois Municipal 
Retirement Fund under this Section shall terminate on the date 
of the transfer. Participation in this Fund shall terminate on 
the date of transfer.

    (b) Until January 1, 2009 2008, any active member of the 
Illinois Municipal Retirement Fund member under subsection (a) 
may reinstate all or any portion of his or her service that 
which was
terminated by receipt of a refund, by payment to the 
police pension fund of the
amount of the refund with interest 
thereon at the actuarially assumed rate of 6% per year,

compounded annually, from the date of refund to the date of 
payment.


(Source: P.A. 94-356, eff. 7-29-05; 95-530, eff. 8-28-07.)
 
    (40 ILCS 5/3-110.10)

    Sec. 3-110.10
3-110.9. Transfer from Article 7. Until 
January 1, 2009 2008, a person may transfer to a fund 
established under this Article up to 8 years of creditable 
service accumulated under Article 7 of this Code upon payment 
to the fund 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 fund
under Section 
7-139.11 and the amounts that would have been contributed had 
such
contributions been made at the rates applicable to an 
employee under this Article, plus (ii) interest thereon at the 
actuarially assumed effective rate for
each year, compounded 
annually, from the date of service to the
date of payment.

(Source: P.A. 95-530, eff. 8-28-07; revised 12-6-07.)
 
    (40 ILCS 5/4-109.3)

    Sec. 4-109.3. Employee creditable service.
    (a) As used in this Section:

    "Final monthly salary" means the monthly salary attached to 
the rank held by
the firefighter at the time of his or her last 
withdrawal from service under a
particular pension fund.

    "Last pension fund" means the pension fund in which the 
firefighter was
participating at the time of his or her last 
withdrawal from service.

    (b) The benefits provided under this Section are available 
only to a
firefighter who:

        (1) is a firefighter at the time of withdrawal from the 
    last
pension fund and for at least the final 3 years of 
    employment prior to that
withdrawal;

        (2) has established service credit with at least one 
    pension fund
established under this Article other than the 
    last pension fund;

        (3) has a total of at least 20 years of service under 
    the various
pension funds established under this Article 
    and has attained age 50; and

        (4) is in service on or after the effective date of 
    this amendatory Act of
the 93rd General Assembly.

    (c) A firefighter who is eligible for benefits under this 
Section may elect
to receive a retirement pension from each 
pension fund under this Article in
which the firefighter has at 
least one year of service credit but has not received a refund 
under Section 4-116 (unless the firefighter repays that refund 
under subsection (g)) or subsection (c) of Section 4-118.1, by 
applying in
writing and paying the contribution required under 
subsection (i).

    (d) From each such pension fund other than the last pension 
fund, in lieu
of any retirement pension otherwise payable under 
this Article, a firefighter
to whom this Section applies may 
elect to receive a monthly pension of 1/12th
of 2.5% of his or 
her final monthly salary under that fund for each month of

service in that fund, subject to a maximum of 75% of that final 
monthly salary.

    (e) From the last pension fund, in lieu of any retirement 
pension otherwise
payable under this Article, a firefighter to 
whom this Section applies may
elect to receive a monthly 
pension calculated as follows:

    The last pension fund shall calculate the retirement 
pension that
would be payable to the firefighter under 
subsection (a) of Section 4-109 as if he
or she had

participated in that last pension fund during his or her entire 
period of
service under all pension funds established under 
this Article (excluding any period of service for which the 
firefighter has received a refund under Section 4-116, unless 
the firefighter repays that refund under subsection (g), or for 
which the firefighter has received a refund under subsection 
(c) of Section 4-118.1).
From this hypothetical pension there 
shall be subtracted the original amounts
of the retirement 
pensions payable to the firefighter by all other pension
funds 
under subsection (d).  The remainder is the retirement pension 
payable
to the firefighter by the last pension fund under this 
subsection (e).

    (f) Pensions elected under this Section shall be subject to 
increases as
provided in subsection (d) of Section 4-109.1.

    (g) A current firefighter may reinstate creditable service 
in a
pension fund established under this Article that was 
terminated upon receipt of
a refund, by payment to that pension 
fund of the amount of the refund together
with interest thereon 
at the rate of 6% per year, compounded annually, from the
date 
of the refund to the date of payment.  A repayment of a refund 
under this
Section may be made in equal installments over a 
period of up to 10 years, but
must be paid in full prior to 
retirement.

    (h) As a condition of being eligible for the benefits 
provided in this Section, a person who is hired to a position 
as a firefighter on or after July 1, 2004 must, within 21 
months after being hired, notify
the new employer, all of his 
or her previous employers under this Article, and
the Public 
Pension Division of the Division of Insurance of the Department 
of Financial and Professional Regulation of his or her intent 
to receive the benefits provided under this Section.

    (i) In order to receive a pension under this Section or an 
occupational disease disability pension for which he or she 
becomes eligible due to the application of subsection (m) of 
this Section, a firefighter must
pay to each pension fund from 
which he or she has elected to receive a pension under this 
Section a contribution equal to 1% of
monthly salary for each 
month of service credit that the firefighter has in
that fund 
(other than service credit for which the firefighter has 
already
paid the additional contribution required under 
subsection (c) of Section
4-118.1), together with interest 
thereon at the rate of 6% per annum, compounded
annually, from 
the firefighter's first day of employment with that fund or the 
first day of the fiscal year of that fund that immediately 
precedes the firefighter's first day of employment with that 
fund, whichever is earlier.
    In order for a firefighter who, as of the effective date of 
this amendatory Act of the 93rd General Assembly, has not begun 
to receive a pension under this Section or an occupational 
disease disability pension under subsection (m) of this Section 
and who has contributed 1/12th of 1% of monthly salary for each 
month of service credit that the firefighter has in
that fund 
(other than service credit for which the firefighter has 
already
paid the additional contribution required under 
subsection (c) of Section
4-118.1), together with the required 
interest thereon, to receive a pension under this Section or an 
occupational disease disability pension for which he or she 
becomes eligible due to the application of subsection (m) of 
this Section, the firefighter must, within one year after the 
effective date of this amendatory Act of the 93rd General 
Assembly, make an additional contribution equal to 11/12ths of 
1% of
monthly salary for each month of service credit that the 
firefighter has in
that fund (other than service credit for 
which the firefighter has already
paid the additional 
contribution required under subsection (c) of Section

4-118.1), together with interest thereon at the rate of 6% per 
annum, compounded
annually, from the firefighter's first day of 
employment with that fund or the first day of the fiscal year 
of that fund that immediately precedes the firefighter's first 
day of employment with the fund, whichever is earlier. A 
firefighter who, as of the effective date of this amendatory 
Act of the 93rd General Assembly, has not begun to receive a 
pension under this Section or an occupational disease 
disability pension under subsection (m) of this Section and who 
has contributed 1/12th of 1% of monthly salary for each month 
of service credit that the firefighter has in
that fund (other 
than service credit for which the firefighter has already
paid 
the additional contribution required under subsection (c) of 
Section
4-118.1), together with the required interest thereon, 
in order to receive a pension under this Section or an 
occupational disease disability pension under subsection (m) 
of this Section, may elect, within one year after the effective 
date of this amendatory Act of the 93rd General Assembly to 
forfeit the benefits provided under this Section and receive a 
refund of that contribution.

    (j) A retired firefighter who is receiving pension payments 
under Section 4-109 may reenter active service under this 
Article. Subject to the provisions of Section 4-117, the 
firefighter may  receive credit for service performed after the 
reentry if the firefighter (1)  applies to receive credit for 
that service, (2) suspends his or her pensions under this 
Section,
and (3) makes the contributions required under 
subsection (i).

    (k) A firefighter who is newly hired or promoted to a 
position as a
firefighter shall not be denied participation in 
a fund under this Article
based on his or her age.
    (l) If a firefighter who elects to make contributions under 
subsection (c) of Section 4-118.1 for the pension benefits 
provided under this Section becomes entitled to a disability 
pension under Section 4-110, the last pension fund is 
responsible to pay that disability pension and the amount of 
that disability pension shall be based only on the 
firefighter's service with the last pension fund.
    (m) Notwithstanding any provision in Section 4-110.1 to the 
contrary, if a firefighter who elects to make contributions 
under subsection (c) of Section 4-118.1 for the pension 
benefits provided under this Section becomes entitled to an 
occupational disease disability pension under Section 4-110.1, 
each pension fund to which  the firefighter has made  
contributions under subsection (c) of Section 4-118.1 must pay 
a portion of that occupational disease disability pension equal 
to the proportion that the firefighter's service credit with 
that pension fund for which the contributions under subsection 
(c) of Section 4-118.1 have been made bears to the 
firefighter's total service credit with all of the  pension 
funds for which the contributions under subsection (c) of 
Section 4-118.1 have been made. A firefighter who has made 
contributions under subsection (c) of Section 4-118.1 for at 
least 5 years of creditable service shall be deemed to have met 
the 5-year creditable service requirement under Section 
4-110.1, regardless of whether the firefighter has 5 years of 
creditable service with the last pension fund.
    (n) If a firefighter who elects to make contributions under 
subsection (c) of Section 4-118.1 for the pension benefits 
provided under this Section becomes entitled to a disability 
pension under Section 4-111, the last pension fund is 
responsible to pay that disability pension, provided that the 
firefighter has at least 7 years of creditable service with the 
last pension fund.
In the event a firefighter began employment 
with a new employer as a result of an intergovernmental 
agreement that resulted in the elimination of the previous 
employer's fire department, the firefighter shall not be 
required to have 7 years of creditable service with the last 
pension fund to qualify for a disability pension under Section 
4-111. Under this circumstance, a firefighter shall be required 
to have 7 years of total combined creditable service time to 
qualify for a disability pension under Section 4-111. The 
disability pension received pursuant to this Section shall be 
paid by the previous employer and new employer in proportion to 
the firefighter's years of service with each employer.

(Source: P.A. 93-689, eff. 7-1-04; 93-1090, eff. 3-11-05.)
 



    (40 ILCS 5/5-168)
  (from Ch. 108 1/2, par. 5-168)


    Sec. 5-168. Financing. 

    (a) Except as expressly provided in this Section, the city 
shall levy a
tax annually upon all taxable property therein for 
the purpose of providing
revenue for the fund.

    The tax shall be at a rate that will produce a sum which, 
when added to the
amounts deducted from the policemen's 
salaries and the amounts deposited in
accordance with 
subsection (g), is sufficient for the purposes of the fund.

    For the years 1968 and 1969, the city council shall levy a 
tax
annually at a rate on the dollar of the assessed
valuation 
of all taxable property that will produce, when extended, not

to exceed $9,700,000.  Beginning with the year 1970 and each 
year
thereafter the city council shall levy a tax annually at a 
rate on the
dollar of the assessed valuation of all taxable 
property that will
produce when extended an amount not to 
exceed the total amount of
contributions by the policemen to 
the Fund made in the calendar year 2
years before the year for 
which the applicable annual tax is levied,
multiplied by 1.40 
for the tax levy year 1970; by 1.50 for the year
1971; by 1.65 
for 1972; by 1.85 for 1973; by 1.90 for 1974; by 1.97 for
1975 
through 1981; by 2.00 for 1982 and for each year thereafter. 
For the purposes of this subsection (a), contributions by the 
policeman to the Fund shall not include payments made by a 
policeman to establish credit under Section 5-214.2 of this 
Code. 

    (b) The tax shall be levied and collected in like manner 
with the
general taxes of the city, and is in addition to all 
other taxes which the
city is now or may hereafter be 
authorized to levy upon all taxable property
therein, and is 
exclusive of and in addition to the amount of tax the city is

now or may hereafter be authorized to levy for general purposes 
under any
law which may limit the amount of tax which the city 
may levy for general
purposes.  The county clerk of the county 
in which the city is located, in
reducing tax levies under 
Section 8-3-1 of the Illinois
Municipal Code, shall not 
consider the tax herein authorized as a part
of the general tax 
levy for city purposes, and shall not include the tax
in any 
limitation of the percent of the assessed valuation upon which

taxes are required to be extended for the city.

    (c) On or before January 10 of each year, the board shall 
notify the
city council of the requirement that the tax herein 
authorized be levied by
the city council for that current year.  
The board shall compute the
amounts necessary for the purposes 
of this fund to be credited to the
reserves established and 
maintained within the fund; shall make an
annual determination 
of the amount of the required city contributions;
and shall 
certify the results thereof to the city council.

    As soon as any revenue derived from the tax is collected it 
shall be
paid to the city treasurer of the city and shall be 
held by him for the
benefit of the fund in accordance with this 
Article.

    (d) If the funds available are insufficient during any year 
to meet the
requirements of this Article, the city may issue 
tax anticipation warrants
against the tax levy for the current 
fiscal year.

    (e) The various sums, including interest, to be contributed 
by the city,
shall be taken from the revenue derived from such 
tax or otherwise as expressly
provided in this Section.  Any 
moneys of the city derived from any source other
than the tax 
herein authorized shall not be used for any purpose of the fund

nor the cost of administration thereof, unless applied to make 
the deposit
expressly authorized in this Section
or the 
additional city contributions required under subsection (h).

    (f) If it is not possible or practicable for the city to 
make its
contributions at the time that salary deductions are 
made, the city
shall make such contributions as soon as 
possible thereafter, with
interest thereon to the time it is 
made.

    (g) In lieu of levying all or a portion of the tax required 
under this
Section in any year, the city may deposit with the 
city treasurer no later than
March 1 of that year for the 
benefit of the fund, to be held in accordance with
this 
Article, an amount that, together with the taxes levied under 
this Section
for that year, is not less than the amount of the 
city contributions for that
year as certified by the board to 
the city council.  The deposit may be derived
from any source 
legally available for that purpose, including, but not limited

to, the proceeds of city borrowings.  The making of a deposit 
shall satisfy
fully the requirements of this Section for that 
year to the extent of the
amounts so deposited.  Amounts 
deposited under this subsection may be used by
the fund for any 
of the purposes for which the proceeds of the tax levied under

this Section may be used, including the payment of any amount 
that is otherwise
required by this Article to be paid from the 
proceeds of that tax.

    (h) In addition to the contributions required under the 
other provisions
of this Article, by November 1 of the 
following specified years, the city shall
deposit with the city 
treasurer for the benefit of the fund, to be held and
used in 
accordance with this Article, the following specified amounts:

$6,300,000 in 1999;
$5,880,000 in 2000;
$5,460,000 in 2001;

$5,040,000 in 2002; and
$4,620,000 in 2003.

    The additional city contributions required under this 
subsection are
intended to decrease the unfunded liability of 
the fund and shall not decrease
the amount of the city 
contributions required under the other provisions of
this 
Article.  The additional city contributions made under this 
subsection
may be used by the fund for any of its lawful 
purposes.

(Source: P.A. 93-654, eff. 1-16-04.)

 



    (40 ILCS 5/5-178)  (from Ch. 108 1/2, par. 5-178)



    Sec. 5-178. Board created. A board of 8 members shall

constitute a board of trustees authorized to administer the 
provisions of
this Article. The board shall be known as the 
Retirement Board of the
Policemen's Annuity and Benefit Fund of 
the city.

    The board shall consist of 4 persons appointed by
the mayor 
of the city; 3 policemen employed by the city, at least one of

whom shall be a lieutenant or of a rank superior to lieutenant, 
one of whom
shall be of the rank of sergeant, and one of whom 
shall be of the rank of
investigator or a rank inferior to that 
rank; and one
annuitant of the fund, or a pensioner of any 
prior police pension fund
in operation, by authority of law, in 
the city. Children less than age
18 shall not be eligible for 
board membership. The term of office for
all members shall be 3 
years. For the election to be held in 2008 only, the terms for 
the member who is a lieutenant or of a rank superior to 
lieutenant and the member who is a sergeant shall be 3 years 
and the terms for the member who is an investigator or a rank 
inferior to that rank and the annuitant member shall be 4 
years. After the terms of the 2008 election are completed, the 
terms revert to 3-year terms for each elected trustee. Upon his 
election, the member holding the
rank of investigator or a rank 
inferior to that rank shall be detailed by
the Police 
Superintendent to the office of the board for the duration of

his term as trustee.

    The members of a retirement board holding office in a city 
at the
time this Article becomes effective, including elected, 
appointed and
ex-officio members, shall continue in office 
until the expiration of
their respective terms or appointment 
and until their respective
successors are elected or appointed, 
and qualified.

    At least 30 days prior to the expiration of the term of 
office of
each appointive member the mayor shall appoint a 
successor for a term of
3 years. 

    The board shall conduct a regular election at least 30 days 
prior to
the expiration of the terms of the active policemen 
members and
annuitant or beneficiary members for election of a 
successor of each
such member for a term of 3 years.

    Any member of the board so appointed or elected shall 
continue in
office until his successor is selected and has 
qualified.

    Any person so appointed or elected shall qualify by taking 
an oath of
office. A copy thereof shall be kept in the office 
of the city clerk of
the city.

(Source: P.A. 86-273.)

 
    (40 ILCS 5/5-214.2  new)
    Sec. 5-214.2. Credit for certain law enforcement service. 
An active policeman who is a member of  this Fund on or before 
the effective date of this Section may  establish up to 10 years 
of additional service credit in 6-month increments for service 
in a law enforcement capacity under Articles 3, 7, 9, 10, 13, 
14, and 15 and Division 1 of Article 22 or as a law enforcement 
officer with the Chicago Housing Authority, provided that: (1) 
service credit is not available for that employment under any 
other provision of this Article; (2) any service credit for 
that employment received under any other provision of this Code  
or under the retirement plan of the Chicago Housing Authority 
has been terminated; and (3) the policeman applies for this 
credit in writing within one year after the effective date of 
this Section and pays to the Fund within 5 years after the date 
of application an amount to be determined by the Fund in 
accordance with this Section.
    An active policeman who becomes  a member of  this Fund after 
the effective date of this Section may  establish up to 10 years 
of additional service credit in 6-month increments for service 
in a law enforcement capacity under Articles 3, 7, 9, 10, 13, 
14, and 15 and Division 1 of Article 22 or as a law enforcement 
officer with the Chicago Housing Authority, provided that: (1) 
service credit is not available for that employment under any 
other provision of this Article; (2) any service credit for 
that employment received under any other provision of this Code  
or under the retirement plan of the Chicago Housing Authority 
has been terminated; and (3) the policeman applies for this 
credit in writing within 2 years after he or she begins 
employment under this Article and pays to the Fund within 5 
years after the date of application an amount to be determined 
by the Fund in accordance with this Section. 
    The Fund must determine the policeman's payment required to 
establish creditable service under this Section by  taking into 
account the appropriate actuarial assumptions, including 
without limitation the police officer's service, age, and 
salary history; the level of funding of the Fund; and any other 
factors that the Fund determines to be relevant. For this 
purpose, the policeman's required payment should result in no 
significant increase to the Fund's unfunded actuarial accrued 
liability determined as of the most recent actuarial valuation, 
based on the same assumptions and methods used to develop and 
report the Fund's actuarial accrued liability and actuarial 
value of assets under Statement No. 25 of Governmental 
Accounting Standards Board or any subsequent applicable 
Statement.

 
    (40 ILCS 5/6-151.2  new)
    Sec. 6-151.2. Disability benefits; terminally ill. 
Notwithstanding any other provision of Sections 6-151, 
6-151.1, and 6-154, an active fireman who is certified to be 
terminally ill by a Board-appointed physician may, upon such 
certification, make application with the Board for a 
determination that the participant is eligible to receive a 
disability benefit, even though, at the time, the participant 
has the right to receive salary. However, an active fireman may 
not receive any such disability benefit payments at the same 
time the participant receives salary.
 
    (40 ILCS 5/7-139.11)

    Sec. 7-139.11. Transfer to Article 3 pension fund.
    (a) Until January 1, 2009 2008, a person who has become an 
active
participant in a police pension fund established under 
Article 3 of this Code may transfer who has less than 8 years 
of creditable service under this Article and who has become an 
active
participant in a police pension fund established under 
Article 3 of this Code
may apply for transfer to that Article 3 
fund of his or her creditable service
accumulated under this 
Article.  At the
time of the transfer the Fund shall pay to the 
police pension fund an amount
equal to:
        (1) the amounts accumulated to the credit of the 
    applicant under this Article, including interest; and

        (2) the municipality credits based on that service, 
    including interest;
and

        (3) any interest paid by the applicant in order to 
    reinstate that service.

Participation in this Fund with respect to the transferred 
credits shall
terminate on the date of transfer.

    (b) An active member of a pension fund established under 
Article 3
of this Code may reinstate creditable service
under 
this Article that was terminated by receipt of a refund, by 
paying to the
Fund the amount of the refund plus interest 
thereon at the actuarially assumed rate of 6% per year,

compounded annually, from the date of refund to the date of 
payment.


(Source: P.A. 94-356, eff. 7-29-05; 95-530, eff. 8-28-07.)
 
    (40 ILCS 5/7-139.13)

    Sec. 7-139.13
7-139.12. Transfer from Article 3. 
Notwithstanding subdivision (a)10 of Section 7-139, from the 
effective date of this amendatory Act of the 95th General 
Assembly until Until January 1, 2009 2008, a person may 
transfer to the Illinois Municipal Retirement System Systems up 
to 8 years of creditable service accumulated under Article 3 of 
this Code. To establish creditable service under this Section, 
a person may elect to do either of the following:
        (A) Pay upon payment to the Fund 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 Fund
under Section 3-110.8 and the 
    amounts that would have been contributed had such

    contributions been made at the rates applicable to an 
    employee under this Article, plus (ii) interest thereon at 
    the actuarially assumed effective rate for
each year, 
    compounded annually, from the date of service to the
date 
    of payment.
        (B) Have the amount of his or her creditable service 
    established under this Section reduced by an amount 
    corresponding to the amount by which (i) the employer and 
    employee contributions that would have been required if he 
    had participated in this Fund during the period for which 
    credit is being transferred, plus interest thereon at the 
    actuarially assumed rate, compounded annually, from the 
    date of termination of the service for which credit is 
    being transferred to the date of payment, exceeds (ii) the 
    amount actually transferred to the Fund.

(Source: P.A. 95-530, eff. 8-28-07; revised 12-6-07.)
 



    (40 ILCS 5/8-163)  (from Ch. 108 1/2, par. 8-163)



    Sec. 8-163. When disability benefit not payable. 
    (a) If an employee
receiving duty or ordinary disability 
benefit refuses to submit to
examination by a physician 
appointed by the board, or fails or refuses to
consent to and 
sign an authorization allowing the board to receive copies
of 
or examine the employee's medical and hospital records, or 
fails or
refuses to provide complete information regarding any 
other employment for
compensation he has received since he has 
become disabled, he shall have no
further right to receive the 
benefit.

    (b) Disability benefit shall not be paid for any time for 
which the
employee receives any part of his salary or is 
employed by any public
body supported in whole or in part by 
taxation.

    (c) Before any action is taken by the Board on an 
application for a duty disability benefit or a widow's 
compensation or supplemental benefit, the employee or widow 
shall file a claim with the employer to establish that the 
disability or death occurred while the employee was acting 
within the scope of and in the course of his or her duties.
    Any amounts provided to the employee or surviving spouse as 
temporary total disability payments, permanent total 
disability payments, a lump sum settlement award, or other 
payment under the Workers' Compensation Act or the Workers' 
Occupational Diseases Act shall be applied as an offset to the 
disability benefit paid by the Fund, whether duty or ordinary, 
or any widow compensation or supplemental benefit payable under 
this Article  until a period of time has elapsed when the 
benefit payable equals the amount of such compensation, 
payment, or award. The duty disability benefit shall be offset 
at the rate of the amount of temporary total disability 
payments or permanent disability payments made under the 
Workers' Compensation Act or the Workers' Occupational 
Diseases Act. 
    If such amounts are not readily determinable or if an 
employee has not received temporary total disability payments 
or permanent weekly or monthly payments for the entire period 
of disability up to the time of the compensation, payment, or 
award under the Workers' Compensation Act or the Workers' 
Occupational Diseases Act, the disability benefit paid by the 
Fund shall be offset by 66 2/3% of the employee's salary on the 
date of disablement. The offset shall not be greater than the 
amount of disability benefits due from the Fund. The offset 
shall be applied until a period of time has elapsed when the 
benefit payable equals the amount of such compensation, 
payment, or award. This offset shall not apply to the initial 
days of disability when workers' compensation would not 
ordinarily be payable. 
    The amount of compensation or supplemental annuity payable 
to a widow shall be offset by any compensation, payment, or 
award until a period of time has elapsed when the benefit 
payable equals the amount of such compensation, payment, or 
award. 
    Any employee or former employee whose disability benefits 
were offset, or who was notified by the Fund that his or her 
disability benefits  will be offset, by a rate higher than the 
temporary total disability payments or permanent disability 
payments, or if these were not determinable, by 66 2/3% of 
salary at the date of disablement, may apply to the Fund for a  
refund of the excess offset, without interest, or an  adjustment 
to his or her account.  This application must be made within 6 
months after  the effective date of this amendatory Act of the 
95th General Assembly.
    If an employee who has been disabled has received ordinary 
disability from the Fund and also receives  any compensation  or  
payment for specific loss, disability, or death under the 
Workers'  Compensation  Act  or  the Workers'  Occupational 
Diseases Act, then the ordinary disability benefit must be 
repaid to the Fund before any  other benefit under this Article 
may be granted or paid.   If no other benefit is applied for, 
then the ordinary disability is offset according to the 
provisions of this Section.
    The employee and the  employer shall provide the Fund,  on a 
timely basis, with the entry of the settlement contract lump 
sum petition and order settlement of any such lawsuit, 
including all details of the settlement. 
    If an employee who shall be disabled or his widow receives 
any
compensation or payment from the city for specific loss, 
disability or
death under the Workers' Compensation Act, or

Workers' Occupational
Diseases Act, the disability benefit or 
compensation or supplemental
annuity payable as a result of 
such specific loss, disability or death
shall be reduced by any 
amount so received if such amount is less than
the benefit or 
annuity or, subject to adjustment when final
determination of 
the amount received can be made, the amount estimated
to be 
received under the provisions of the Workers' Compensation Act 
or
Workers' Occupational Diseases Act. If the amount received 
as
compensation payment or award under the aforesaid Acts 
exceeds the
disability benefit or compensation or supplemental 
annuity payable as a
result of such specific loss, disability 
or death, no payment of
disability benefit or compensation or 
supplemental annuity shall be made
until a period of time has 
elapsed when the benefit or compensation or
supplemental 
annuity payable at the rate herein stated equals the amount
of 
such compensation, payment or award.  In calculating any such 
period
of time, interest upon the amounts involved shall not be 
considered.

    (d) An employee who enters service after December 31, 1987, 
or an
employee who makes application for a disability benefit 
or applies for a
disability benefit for a recurrence of a 
previous disability, and who,
while in receipt of an ordinary 
or duty disability benefit, assumes any
employment for 
compensation, shall not be entitled to receive any amount of

such disability benefit which, when added to his compensation 
for such
employment during disability, plus any amount payable 
under the provisions
of the Workers' Compensation Act or 
Workers' Occupational Diseases Act,
would exceed the rate of 
salary on which his disability benefit is based.

(Source: P.A. 85-964.)

 



    (40 ILCS 5/9-156)  (from Ch. 108 1/2, par. 9-156)



    Sec. 9-156. Duty disability benefit - Child's disability 
benefit. An employee who becomes disabled after the effective 
date while under age
65 and prior to January 1, 1979, or while 
under age 70 after January 1,
1979 and prior to January 1, 
1987, as the result of injury incurred -
on or after the date 
he has been
included under this Article - in the performance of 
an act or acts of duty
shall have a right to receive duty 
disability benefit, during any period of
such disability for 
which he receives no salary.  Any employee who
becomes disabled 
after January 1, 1987, as the result of injury
incurred on or 
after the date he has been included under the Article and in

the performance of an act or acts of duty, shall have a right 
to receive a
duty disability benefit during any period of such 
disability for which he
receives no salary. The benefit shall 
be 75%
of salary at date of injury; provided, that if 
disability, in any measure,
has resulted from any physical 
defect or disease which existed at the time
such injury was 
sustained, the duty disability benefit shall be 50% of
salary 
at date of such injury.

    The employee shall also have a right to receive child's 
disability
benefit of $10 a month on account of each child less 
than age 18. Child's
disability benefits shall not exceed 15% 
of the salary as aforesaid.

    These benefits shall not be allowed unless application 
therefor is made while the disability exists; except that this 
limitation does not apply if the board finds that there was 
reasonable cause for delay in filing the application while the 
disability existed. This amendatory Act of the 95th General 
Assembly  is intended to be a restatement and clarification of 
existing law and does not imply that application for a duty 
disability benefit made after the disability had ceased, 
without a finding of reasonable cause, was previously allowed 
under this Article. 
    The first payment of duty disability or child's disability 
benefit shall
be made not later than one month after such 
benefit is granted and each
subsequent payment shall be made 
not later than one month after the last
preceding payment.

    Duty disability benefit is payable during disability until 
the employee
attains age 65 if the disability commences prior 
to January 1, 1979.  If
the disability commences on or after 
January 1, 1979, the benefit prescribed
herein shall be payable 
during disability until the employee attains age 65
for 
disability commencing prior to age 60, or for a period of 5 
years or
until attainment of age 70, whichever occurs first, 
for disability
commencing at age 60 or older and on or after 
January 1, 1979 but prior
to January 1, 1987.  If the disability 
commences on or after January 1,
1987, the benefit prescribed 
herein shall be payable during disability for
a period of 5 
years for disability commencing at age 60 or older.  In
either 
case, child's disability benefit shall be paid to the
employee 
parent of any unmarried child less than age 18, during such 
time
until the child marries or attains age 18. The employee 
shall thereafter
receive such annuity as is otherwise provided 
under this Article.

    Any employee whose duty disability benefit was terminated 
on or after
January 1, 1987 by reason of his attainment of age 
70, and who continues to
be disabled after age 70, may elect 
before March 31, 1988, to have such
benefits resumed beginning 
at the time of such termination and continuing
until 
termination is required under this Section as amended by this

amendatory Act of 1987.  The amount payable to any employee for 
such
resumed benefit for any period shall be reduced by the 
amount of any
retirement annuity paid to such employee under 
this Article for the same
period of time or by any refund paid 
in lieu of annuity.

(Source: P.A. 85-964.)

 



    (40 ILCS 5/9-158)  (from Ch. 108 1/2, par. 9-158)



    Sec. 9-158. Proof of disability, duty and ordinary. 

    Proof of duty or ordinary disability shall be furnished to 
the board by
at least one licensed and practicing physician 
appointed by the board. With respect to duty disability, 
satisfactory proof must be provided to the board that the final 
adjudication of the claim required under subsection (d) of 
Section 9-159 established that the disability or death resulted 
from an injury incurred in the performance of an act or acts of 
duty. The
board may require other evidence of disability. Each 
disabled employee who
receives duty or ordinary disability 
benefit shall be examined at least
once a year by one or more 
licensed and practicing physicians appointed by
the board. When 
the disability ceases, the board shall discontinue payment
of 
the benefit and the employee shall be returned to active 
service.

(Source: Laws 1963, p. 161.)

 



    (40 ILCS 5/9-159)  (from Ch. 108 1/2, par. 9-159)


    Sec. 9-159. When disability benefit not payable. 
    (a) If an employee receiving duty disability or ordinary 
disability
benefit refuses to submit to examination by a 
physician appointed by the
board, he shall have no further 
right to receive the benefit.

    (b) Disability benefit shall not be paid for any time for 
which the
employee receives any part of his salary, or while 
employed by any
public body supported in whole or in part by 
taxation.

    (c) If an employee who shall be disabled, or his widow or 
children
receive any compensation or payment from the county 
for specific loss,
disability or death under the Workers' 
Compensation Act or Workers'
Occupational Diseases Act, the 
disability benefit or any annuity for him
or his widow or 
children payable as the result of such specific loss,

disability or death shall be reduced by any amount so received 
or
recoverable. If the amount received as such compensation or 
payment
exceeds such disability benefit or other annuity 
payable as the result
of such specific loss, disability or 
death, no payment of disability
benefit or other annuity shall 
be made until the accumulative amounts
thereof equals the 
amount of such compensation or payment. In such
calculation no 
interest shall be considered. In adjusting the amount of
any 
annuity in relation to compensation received or recoverable 
during
any period of time, the annuity to the widow shall be 
first reduced.

    If any employee, or widow shall be denied compensation by 
such county
under the aforesaid Acts, or if such county shall 
fail to act, such
denial or failure to act shall not be 
considered final until the claim
has been adjudicated by the 
Illinois Workers' Compensation Commission.

    (d)  Before any action may be taken by the board on an 
application for duty disability benefit or widow's 
compensation or supplemental benefit, other than rejection of 
any such application that is otherwise incomplete or untimely, 
the related applicant must file a timely claim under the 
Workers' Compensation Act  or the Workers' Occupational 
Diseases Act, as applicable, to establish that the disability 
or death resulted from an injury incurred in the performance of 
an act or acts of duty, and the applicant must receive 
compensation or payment from the claim or the claim must 
otherwise be finally adjudicated. 
(Source: P.A. 93-721, eff. 1-1-05.)

 



    (40 ILCS 5/10-103)  (from Ch. 108 1/2, par. 10-103)



    Sec. 10-103. Members, contributions and benefits. The 
board shall cause the same deductions to be made
from salaries

and, subject to Section 10-109, allow the same annuities, 
refunds and benefits for employees of the
district as are made 
and allowed for employees of the county.

(Source: P.A. 81-1536.)

 
    (40 ILCS 5/10-109  new)
    Sec. 10-109. Felony conviction. None of the benefits 
provided in this Article shall be paid to any
person who is 
convicted of any felony relating to or arising out of or in

connection with his service as an employee.
    This Section shall not operate to impair any contract or 
vested right
heretofore acquired under any law or laws 
continued in this Article, nor to
preclude the right to a 
refund.
    All future entrants entering service after the effective 
date of this amendatory Act of the 95th General Assembly shall 
be
deemed to have consented to the provisions of this Section 
as a condition
of coverage.
 



    (40 ILCS 5/11-158)  (from Ch. 108 1/2, par. 11-158)



    Sec. 11-158. When disability benefit not payable.  
    (a) If an
employee receiving duty or ordinary disability 
benefit refuses to submit
to examination by a physician 
appointed by the board, or fails or refuses
to consent to and 
sign an authorization allowing the board to receive
copies of 
or examine the employee's medical and hospital records, or 
fails
or refuses to provide complete information regarding any 
other employment
for compensation he has received since he has 
become disabled, he shall have no
further right to receive the 
benefit.

    (b) Disability benefit shall not be paid for any time for 
which the
employee receives any part of his salary or while 
employed by any public
body supported in whole or in part by 
taxation.

    (c) Before any action is taken by the Board on an 
application for a duty disability benefit or a widow's 
compensation or supplemental benefit, the employee or widow 
shall file a claim with the employer to establish that the 
disability or death occurred while the employee was acting 
within the scope of and in the course of his or her duties.
    Any amounts provided to the employee or surviving spouse as 
temporary total disability payments, permanent total 
disability payments, a lump sum settlement award, or other 
payment under the Workers' Compensation Act or the Workers' 
Occupational Diseases Act shall be applied as an offset to the 
disability benefit paid by the Fund, whether duty or ordinary, 
or any widow compensation or supplemental benefit payable under 
this Article  until a period of time has elapsed when the 
benefit payable equals the amount of such compensation, 
payment, or award. The duty disability benefit shall be offset 
at the rate of the amount of temporary total disability 
payments or permanent disability payments made under the 
Workers' Compensation Act or the Workers' Occupational 
Diseases Act. 
    If such amounts are not readily determinable or if an 
employee has not received temporary total disability payments 
or permanent weekly or monthly payments for the entire period 
of disability up to the time of the compensation, payment, or 
award under the Workers' Compensation Act or the Workers' 
Occupational Diseases Act, the disability benefit paid by the 
Fund shall be offset by 66 2/3% of the employee's salary on the 
date of disablement. The offset shall not be greater than the 
amount of disability benefits due from the Fund. The offset 
shall be applied until a period of time has elapsed when the 
benefit payable equals the amount of such compensation, 
payment, or award. This offset shall not apply to the initial 
days of disability when workers' compensation would not 
ordinarily be payable. 
    The amount of compensation or supplemental annuity payable 
to a widow shall be offset by any compensation, payment, or 
award until a period of time has elapsed when the benefit 
payable equals the amount of such compensation, payment, or 
award. 
    If an employee who has been disabled has received ordinary 
disability from the Fund and also receives  any compensation  or  
payment for specific loss, disability, or death under the 
Workers'  Compensation  Act  or  the Workers'  Occupational 
Diseases Act, then the ordinary disability benefit must be 
repaid to the Fund before any  other benefit under this Article 
may be granted or paid.   If no other benefit is applied for, 
then the ordinary disability is offset according to the 
provisions of this Section.
    The employee and the  employer shall provide the Fund,  on a 
timely basis, with the entry of the settlement contract lump 
sum petition and order settlement of any such lawsuit, 
including all details of the settlement. 
    If an employee who shall be disabled or his widow receives 
any
compensation or payment from the city for specific loss, 
disability or
death under the Workers' Compensation Act, or

Workers' Occupational
Diseases Act, and the disability or 
injury or loss which forms the basis
for any compensation, 
award, pension or payment for a specific loss is
also a 
condition which renders such employee incapable of performing 
his
duties in the service, the disability benefit shall be 
reduced by any
amount so received if such amount is less than 
the benefit or, subject
to adjustment when final determination 
of the amount received can be
made, the amount estimated to be 
received under the provisions of the
Workers' Compensation Act 
or Workers' Occupational Diseases Act. If
the amount received 
as compensation, payment or award under the
aforesaid Acts 
exceeds the disability benefit, no payment of benefit
shall be 
made until a period of time has elapsed when the benefit

payable at the rate herein stated equals the amount of such

compensation, payment or award.  In calculating any such period 
of time,
interest upon the amounts involved shall not be 
considered.

    (d) An employee who enters service after December 31, 1987, 
or an
employee who makes application for a disability benefit 
or applies for a
disability benefit for a recurrence of a 
previous disability, and who,
while in receipt of an ordinary 
or duty disability benefit, assumes any
employment for 
compensation, shall not be entitled to receive any amount of

such disability benefit which, when added to his compensation 
for such
employment during disability, plus any amount payable 
under the provisions
of the Workers' Compensation Act or 
Workers' Occupational Diseases Act,
would exceed the rate of 
salary on which his disability benefit is based.

(Source: P.A. 85-964.)

 


    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)


    Sec. 14-110. Alternative retirement annuity. 

    (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:


        (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


        (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.

    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.

    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.

    (b) For the purpose of this Section, "eligible creditable 
service" means
creditable service resulting from service in one 
or more of the following
positions:


        (1) State policeman;


        (2) fire fighter in the fire protection service of a 
    department;


        (3) air pilot;


        (4) special agent;


        (5) investigator for the Secretary of State;


        (6) conservation police officer;


        (7) investigator for the Department of Revenue;


        (8) security employee of the Department of Human 
    Services;


        (9) Central Management Services security police 
    officer;


        (10) security employee of the Department of 
    Corrections or the Department of Juvenile Justice;


        (11) dangerous drugs investigator;


        (12) investigator for the Department of State Police;


        (13) investigator for the Office of the Attorney 
    General;


        (14) controlled substance inspector;


        (15) investigator for the Office of the State's 
    Attorneys Appellate
Prosecutor;


        (16) Commerce Commission police officer;


        (17) arson investigator;


        (18) State highway maintenance worker.

    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.

    (c) For the purposes of this Section:


        (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.


        (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.


        (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.


        (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

    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.


        (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.


        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.


        (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.


        (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.


        (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.


        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.


        (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.


        (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

    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.


        (11) The term "dangerous drugs investigator" means any 
    person who is
employed as such by the Department of Human 
    Services.


        (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.


        (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.


        (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.


        (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

    Appellate Prosecutor's Act.


        (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.


        (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.


        (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,

        roadway lighting H-6,
structural H-4,
structural H-6,

        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:


        (i) 25 years of eligible creditable service and age 55; 
    or


        (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


        (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


        (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


        (vi) beginning January 1, 1991, 25 years of eligible 
    creditable service
and age 50, or 20 years of eligible 
    creditable service and age 55.

    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.
    (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 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. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06; 95-530, 
eff. 8-28-07.)

 
    Section 90. The State Mandates Act is amended by adding 
Section 8.32 as follows:
 
    (30 ILCS 805/8.32 new)
    Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 
of this Act, no reimbursement by the State is required for the 
implementation of any mandate created by this amendatory Act of 
the 95th General Assembly.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.