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90_SB1199
40 ILCS 5/3-110.6 from Ch. 108 1/2, par. 3-110.6
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
Amends the Illinois Pension Code to allow certain current
and former Department of Revenue investigators to transfer
service credits from downstate police pension funds to the
State Employees' Retirement System. Effective immediately.
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LRB9007014EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 3-110.6 and 14-110.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Sections 3-110.6 and 14-110 as follows:
7 (40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
8 Sec. 3-110.6. Transfer to Article 14 System.
9 (a) Any active member of the State Employees' Retirement
10 System who is an investigator for the Office of the State's
11 Attorneys Appellate Prosecutor, or a controlled substance
12 inspector, or a current or former investigator for the
13 Department of Revenue may apply for transfer of his or her
14 creditable service accumulated in any police pension fund
15 under this Article to the State Employees' Retirement System
16 in accordance with Section 14-110. The creditable service
17 shall be transferred only upon payment by the police pension
18 fund to the State Employees' Retirement System of an amount
19 equal to:
20 (1) the amounts accumulated to the credit of the
21 applicant on the books of the fund on the date of
22 transfer; and
23 (2) employer contributions in an amount equal to
24 the amount determined under subparagraph (1); and
25 (3) any interest paid by the applicant in order to
26 reinstate service.
27 Participation in the police pension fund shall terminate on
28 the date of transfer.
29 (b) Any such investigator or inspector may reinstate
30 service which was terminated by receipt of a refund, by
31 paying to the police pension fund the amount of the refund
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1 with interest thereon at the rate of 6% per year, compounded
2 annually, from the date of refund to the date of payment.
3 (Source: P.A. 90-32, eff. 6-27-97.)
4 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
5 Sec. 14-110. Alternative retirement annuity.
6 (a) Any member who has withdrawn from service with not
7 less than 20 years of eligible creditable service and has
8 attained age 55, and any member who has withdrawn from
9 service with not less than 25 years of eligible creditable
10 service and has attained age 50, regardless of whether the
11 attainment of either of the specified ages occurs while the
12 member is still in service, shall be entitled to receive at
13 the option of the member, in lieu of the regular or minimum
14 retirement annuity, a retirement annuity computed as
15 follows:
16 (i) for periods of service as a noncovered
17 employee, 2 1/4% of final average compensation for each
18 of the first 10 years of creditable service, 2 1/2% for
19 each year above 10 years to and including 20 years of
20 creditable service, and 2 3/4% for each year of
21 creditable service above 20 years; and
22 (ii) for periods of eligible creditable service as
23 a covered employee, 1.67% of final average compensation
24 for each of the first 10 years of such service, 1.90% for
25 each of the next 10 years of such service, 2.10% for each
26 year of such service in excess of 20 but not exceeding
27 30, and 2.30% for each year in excess of 30.
28 Such annuity shall be subject to a maximum of 75% of
29 final average compensation. These rates shall not be
30 applicable to any service performed by a member as a covered
31 employee which is not eligible creditable service. Service
32 as a covered employee which is not eligible creditable
33 service shall be subject to the rates and provisions of
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1 Section 14-108.
2 (b) For the purpose of this Section, "eligible
3 creditable service" means creditable service resulting from
4 service in one or more of the following positions:
5 (1) State policeman;
6 (2) fire fighter in the fire protection service of
7 a department;
8 (3) air pilot;
9 (4) special agent;
10 (5) investigator for the Secretary of State;
11 (6) conservation police officer;
12 (7) investigator for the Department of Revenue;
13 (8) security employee of the Department of Human
14 Services;
15 (9) Central Management Services security police
16 officer;
17 (10) security employee of the Department of
18 Corrections;
19 (11) dangerous drugs investigator;
20 (12) investigator for the Department of State
21 Police;
22 (13) investigator for the Office of the Attorney
23 General;
24 (14) controlled substance inspector;
25 (15) investigator for the Office of the State's
26 Attorneys Appellate Prosecutor;
27 (16) Commerce Commission police officer;
28 (17) arson investigator.
29 A person employed in one of the positions specified in
30 this subsection is entitled to eligible creditable service
31 for service credit earned under this Article while undergoing
32 the basic police training course approved by the Illinois
33 Local Governmental Law Enforcement Officers Training Board,
34 if completion of that training is required of persons serving
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1 in that position. For the purposes of this Code, service
2 during the required basic police training course shall be
3 deemed performance of the duties of the specified position,
4 even though the person is not a sworn peace officer at the
5 time of the training.
6 (c) For the purposes of this Section:
7 (1) The term "state policeman" includes any title
8 or position in the Department of State Police that is
9 held by an individual employed under the State Police
10 Act.
11 (2) The term "fire fighter in the fire protection
12 service of a department" includes all officers in such
13 fire protection service including fire chiefs and
14 assistant fire chiefs.
15 (3) The term "air pilot" includes any employee
16 whose official job description on file in the Department
17 of Central Management Services, or in the department by
18 which he is employed if that department is not covered by
19 the Personnel Code, states that his principal duty is the
20 operation of aircraft, and who possesses a pilot's
21 license; however, the change in this definition made by
22 this amendatory Act of 1983 shall not operate to exclude
23 any noncovered employee who was an "air pilot" for the
24 purposes of this Section on January 1, 1984.
25 (4) The term "special agent" means any person who
26 by reason of employment by the Division of Narcotic
27 Control, the Bureau of Investigation or, after July 1,
28 1977, the Division of Criminal Investigation, the
29 Division of Internal Investigation or any other Division
30 or organizational entity in the Department of State
31 Police is vested by law with duties to maintain public
32 order, investigate violations of the criminal law of this
33 State, enforce the laws of this State, make arrests and
34 recover property. The term "special agent" includes any
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1 title or position in the Department of State Police that
2 is held by an individual employed under the State Police
3 Act.
4 (5) The term "investigator for the Secretary of
5 State" means any person employed by the Office of the
6 Secretary of State and vested with such investigative
7 duties as render him ineligible for coverage under the
8 Social Security Act by reason of Sections 218(d)(5)(A),
9 218(d)(8)(D) and 218(l)(1) of that Act.
10 A person who became employed as an investigator for
11 the Secretary of State between January 1, 1967 and
12 December 31, 1975, and who has served as such until
13 attainment of age 60, either continuously or with a
14 single break in service of not more than 3 years
15 duration, which break terminated before January 1, 1976,
16 shall be entitled to have his retirement annuity
17 calculated in accordance with subsection (a),
18 notwithstanding that he has less than 20 years of credit
19 for such service.
20 (6) The term "Conservation Police Officer" means
21 any person employed by the Division of Law Enforcement of
22 the Department of Natural Resources and vested with such
23 law enforcement duties as render him ineligible for
24 coverage under the Social Security Act by reason of
25 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
26 that Act. The term "Conservation Police Officer"
27 includes the positions of Chief Conservation Police
28 Administrator and Assistant Conservation Police
29 Administrator.
30 (7) The term "investigator for the Department of
31 Revenue" means any person employed by the Department of
32 Revenue and vested with such investigative duties as
33 render him ineligible for coverage under the Social
34 Security Act by reason of Sections 218(d)(5)(A),
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1 218(d)(8)(D) and 218(l)(1) of that Act.
2 (8) The term "security employee of the Department
3 of Human Services" means any person employed by the
4 Department of Human Services who is employed at the
5 Chester Mental Health Center and has daily contact with
6 the residents thereof, or who is a mental health police
7 officer. "Mental health police officer" means any person
8 employed by the Department of Human Services in a
9 position pertaining to the Department's mental health and
10 developmental disabilities functions who is vested with
11 such law enforcement duties as render the person
12 ineligible for coverage under the Social Security Act by
13 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
14 218(l)(1) of that Act.
15 (9) "Central Management Services security police
16 officer" means any person employed by the Department of
17 Central Management Services who is vested with such law
18 enforcement duties as render him ineligible for coverage
19 under the Social Security Act by reason of Sections
20 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
21 (10) The term "security employee of the Department
22 of Corrections" means any employee of the Department of
23 Corrections or the former Department of Personnel, and
24 any member or employee of the Prisoner Review Board, who
25 has daily contact with inmates by working within a
26 correctional facility or who is a parole officer or an
27 employee who has direct contact with committed persons in
28 the performance of his or her job duties.
29 (11) The term "dangerous drugs investigator" means
30 any person who is employed as such by the Department of
31 Human Services.
32 (12) The term "investigator for the Department of
33 State Police" means a person employed by the Department
34 of State Police who is vested under Section 4 of the
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1 Narcotic Control Division Abolition Act with such law
2 enforcement powers as render him ineligible for coverage
3 under the Social Security Act by reason of Sections
4 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
5 (13) "Investigator for the Office of the Attorney
6 General" means any person who is employed as such by the
7 Office of the Attorney General and is vested with such
8 investigative duties as render him ineligible for
9 coverage under the Social Security Act by reason of
10 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
11 Act. For the period before January 1, 1989, the term
12 includes all persons who were employed as investigators
13 by the Office of the Attorney General, without regard to
14 social security status.
15 (14) "Controlled substance inspector" means any
16 person who is employed as such by the Department of
17 Professional Regulation and is vested with such law
18 enforcement duties as render him ineligible for coverage
19 under the Social Security Act by reason of Sections
20 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
21 The term "controlled substance inspector" includes the
22 Program Executive of Enforcement and the Assistant
23 Program Executive of Enforcement.
24 (15) The term "investigator for the Office of the
25 State's Attorneys Appellate Prosecutor" means a person
26 employed in that capacity on a full time basis under the
27 authority of Section 7.06 of the State's Attorneys
28 Appellate Prosecutor's Act.
29 (16) "Commerce Commission police officer" means any
30 person employed by the Illinois Commerce Commission who
31 is vested with such law enforcement duties as render him
32 ineligible for coverage under the Social Security Act by
33 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
34 218(l)(1) of that Act.
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1 (17) "Arson investigator" means any person who is
2 employed as such by the Office of the State Fire Marshal
3 and is vested with such law enforcement duties as render
4 the person ineligible for coverage under the Social
5 Security Act by reason of Sections 218(d)(5)(A),
6 218(d)(8)(D), and 218(l)(1) of that Act. A person who
7 was employed as an arson investigator on January 1, 1995
8 and is no longer in service but not yet receiving a
9 retirement annuity may convert his or her creditable
10 service for employment as an arson investigator into
11 eligible creditable service by paying to the System the
12 difference between the employee contributions actually
13 paid for that service and the amounts that would have
14 been contributed if the applicant were contributing at
15 the rate applicable to persons with the same social
16 security status earning eligible creditable service on
17 the date of application.
18 (d) A security employee of the Department of
19 Corrections, and a security employee of the Department of
20 Human Services who is not a mental health police officer,
21 shall not be eligible for the alternative retirement annuity
22 provided by this Section unless he or she meets the following
23 minimum age and service requirements at the time of
24 retirement:
25 (i) 25 years of eligible creditable service and age
26 55; or
27 (ii) beginning January 1, 1987, 25 years of
28 eligible creditable service and age 54, or 24 years of
29 eligible creditable service and age 55; or
30 (iii) beginning January 1, 1988, 25 years of
31 eligible creditable service and age 53, or 23 years of
32 eligible creditable service and age 55; or
33 (iv) beginning January 1, 1989, 25 years of
34 eligible creditable service and age 52, or 22 years of
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1 eligible creditable service and age 55; or
2 (v) beginning January 1, 1990, 25 years of eligible
3 creditable service and age 51, or 21 years of eligible
4 creditable service and age 55; or
5 (vi) beginning January 1, 1991, 25 years of
6 eligible creditable service and age 50, or 20 years of
7 eligible creditable service and age 55.
8 Persons who have service credit under Article 16 of this
9 Code for service as a security employee of the Department of
10 Corrections in a position requiring certification as a
11 teacher may count such service toward establishing their
12 eligibility under the service requirements of this Section;
13 but such service may be used only for establishing such
14 eligibility, and not for the purpose of increasing or
15 calculating any benefit.
16 (e) If a member enters military service while working in
17 a position in which eligible creditable service may be
18 earned, and returns to State service in the same or another
19 such position, and fulfills in all other respects the
20 conditions prescribed in this Article for credit for military
21 service, such military service shall be credited as eligible
22 creditable service for the purposes of the retirement annuity
23 prescribed in this Section.
24 (f) For purposes of calculating retirement annuities
25 under this Section, periods of service rendered after
26 December 31, 1968 and before October 1, 1975 as a covered
27 employee in the position of special agent, conservation
28 police officer, mental health police officer, or investigator
29 for the Secretary of State, shall be deemed to have been
30 service as a noncovered employee, provided that the employee
31 pays to the System prior to retirement an amount equal to (1)
32 the difference between the employee contributions that would
33 have been required for such service as a noncovered employee,
34 and the amount of employee contributions actually paid, plus
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1 (2) if payment is made after July 31, 1987, regular interest
2 on the amount specified in item (1) from the date of service
3 to the date of payment.
4 For purposes of calculating retirement annuities under
5 this Section, periods of service rendered after December 31,
6 1968 and before January 1, 1982 as a covered employee in the
7 position of investigator for the Department of Revenue shall
8 be deemed to have been service as a noncovered employee,
9 provided that the employee pays to the System prior to
10 retirement an amount equal to (1) the difference between the
11 employee contributions that would have been required for such
12 service as a noncovered employee, and the amount of employee
13 contributions actually paid, plus (2) if payment is made
14 after January 1, 1990, regular interest on the amount
15 specified in item (1) from the date of service to the date of
16 payment.
17 (g) A State policeman may elect, not later than January
18 1, 1990, to establish eligible creditable service for up to
19 10 years of his service as a policeman under Article 3, by
20 filing a written election with the Board, accompanied by
21 payment of an amount to be determined by the Board, equal to
22 (i) the difference between the amount of employee and
23 employer contributions transferred to the System under
24 Section 3-110.5, and the amounts that would have been
25 contributed had such contributions been made at the rates
26 applicable to State policemen, plus (ii) interest thereon at
27 the effective rate for each year, compounded annually, from
28 the date of service to the date of payment.
29 Subject to the limitation in subsection (i), a State
30 policeman may elect, not later than July 1, 1993, to
31 establish eligible creditable service for up to 10 years of
32 his service as a member of the County Police Department under
33 Article 9, by filing a written election with the Board,
34 accompanied by payment of an amount to be determined by the
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1 Board, equal to (i) the difference between the amount of
2 employee and employer contributions transferred to the System
3 under Section 9-121.10 and the amounts that would have been
4 contributed had those contributions been made at the rates
5 applicable to State policemen, plus (ii) interest thereon at
6 the effective rate for each year, compounded annually, from
7 the date of service to the date of payment.
8 (h) Subject to the limitation in subsection (i), a State
9 policeman or investigator for the Secretary of State may
10 elect to establish eligible creditable service for up to 12
11 years of his service as a policeman under Article 5, by
12 filing a written election with the Board on or before January
13 31, 1992, and paying to the System by January 31, 1994 an
14 amount to be determined by the Board, equal to (i) the
15 difference between the amount of employee and employer
16 contributions transferred to the System under Section 5-236,
17 and the amounts that would have been contributed had such
18 contributions been made at the rates applicable to State
19 policemen, plus (ii) interest thereon at the effective rate
20 for each year, compounded annually, from the date of service
21 to the date of payment.
22 Subject to the limitation in subsection (i), a State
23 policeman, conservation police officer, or investigator for
24 the Secretary of State may elect to establish eligible
25 creditable service for up to 10 years of service as a
26 sheriff's law enforcement employee under Article 7, by filing
27 a written election with the Board on or before January 31,
28 1993, and paying to the System by January 31, 1994 an amount
29 to be determined by the Board, equal to (i) the difference
30 between the amount of employee and employer contributions
31 transferred to the System under Section 7-139.7, and the
32 amounts that would have been contributed had such
33 contributions been made at the rates applicable to State
34 policemen, plus (ii) interest thereon at the effective rate
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1 for each year, compounded annually, from the date of service
2 to the date of payment.
3 (i) The total amount of eligible creditable service
4 established by any person under subsections (g), (h), (j),
5 (k), and (l), and (m) of this Section shall not exceed 12
6 years.
7 (j) Subject to the limitation in subsection (i), an
8 investigator for the Office of the State's Attorneys
9 Appellate Prosecutor or a controlled substance inspector may
10 elect to establish eligible creditable service for up to 10
11 years of his service as a policeman under Article 3 or a
12 sheriff's law enforcement employee under Article 7, by filing
13 a written election with the Board, accompanied by payment of
14 an amount to be determined by the Board, equal to (1) the
15 difference between the amount of employee and employer
16 contributions transferred to the System under Section 3-110.6
17 or 7-139.8, and the amounts that would have been contributed
18 had such contributions been made at the rates applicable to
19 State policemen, plus (2) interest thereon at the effective
20 rate for each year, compounded annually, from the date of
21 service to the date of payment.
22 (k) Subject to the limitation in subsection (i) of this
23 Section, an alternative formula employee may elect to
24 establish eligible creditable service for periods spent as a
25 full-time law enforcement officer or full-time corrections
26 officer employed by the federal government or by a state or
27 local government located outside of Illinois, for which
28 credit is not held in any other public employee pension fund
29 or retirement system. To obtain this credit, the applicant
30 must file a written application with the Board by March 31,
31 1998, accompanied by evidence of eligibility acceptable to
32 the Board and payment of an amount to be determined by the
33 Board, equal to (1) employee contributions for the credit
34 being established, based upon the applicant's salary on the
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1 first day as an alternative formula employee after the
2 employment for which credit is being established and the
3 rates then applicable to alternative formula employees, plus
4 (2) an amount determined by the Board to be the employer's
5 normal cost of the benefits accrued for the credit being
6 established, plus (3) regular interest on the amounts in
7 items (1) and (2) from the first day as an alternative
8 formula employee after the employment for which credit is
9 being established to the date of payment.
10 (l) Subject to the limitation in subsection (i), a
11 security employee of the Department of Corrections may elect,
12 not later than July 1, 1998, to establish eligible creditable
13 service for up to 10 years of his or her service as a
14 policeman under Article 3, by filing a written election with
15 the Board, accompanied by payment of an amount to be
16 determined by the Board, equal to (i) the difference between
17 the amount of employee and employer contributions transferred
18 to the System under Section 3-110.5, and the amounts that
19 would have been contributed had such contributions been made
20 at the rates applicable to security employees of the
21 Department of Corrections, plus (ii) interest thereon at the
22 effective rate for each year, compounded annually, from the
23 date of service to the date of payment.
24 (m) Subject to the limitation in subsection (i), an
25 active contributor to the System who is a current or former
26 investigator for the Department of Revenue may elect to
27 establish eligible creditable service for up to 12 years of
28 service as a police officer under Article 3 by filing a
29 written election with the Board before January 1, 1999,
30 accompanied by payment of an amount to be determined by the
31 Board, equal to (1) the difference between the amount of
32 employee and employer contributions transferred to the System
33 under Section 3-110.6 and the amounts that would have been
34 contributed for that service had those contributions been
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1 made at the rates then applicable to Department of Revenue
2 investigators, plus (2) interest thereon at the effective
3 rate for each year, compounded annually, from the date of
4 service to the date of payment.
5 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
6 89-507, eff. 7-1-97; 90-32, eff. 6-27-97.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.