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91_HB0271
LRB9101000EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 14-110.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 14-110 as follows:
7 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
8 Sec. 14-110. Alternative retirement annuity.
9 (a) Any member who has withdrawn from service with not
10 less than 20 years of eligible creditable service and has
11 attained age 55, and any member who has withdrawn from
12 service with not less than 25 years of eligible creditable
13 service and has attained age 50, regardless of whether the
14 attainment of either of the specified ages occurs while the
15 member is still in service, shall be entitled to receive at
16 the option of the member, in lieu of the regular or minimum
17 retirement annuity, a retirement annuity computed as
18 follows:
19 (i) for periods of service as a noncovered
20 employee, 2 1/4% of final average compensation for each
21 of the first 10 years of creditable service, 2 1/2% for
22 each year above 10 years to and including 20 years of
23 creditable service, and 2 3/4% for each year of
24 creditable service above 20 years; and
25 (ii) for periods of eligible creditable service as
26 a covered employee, 1.67% of final average compensation
27 for each of the first 10 years of such service, 1.90% for
28 each of the next 10 years of such service, 2.10% for each
29 year of such service in excess of 20 but not exceeding
30 30, and 2.30% for each year in excess of 30.
31 Such annuity shall be subject to a maximum of 75% of
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1 final average compensation. These rates shall not be
2 applicable to any service performed by a member as a covered
3 employee which is not eligible creditable service. Service
4 as a covered employee which is not eligible creditable
5 service shall be subject to the rates and provisions of
6 Section 14-108.
7 (b) For the purpose of this Section, "eligible
8 creditable service" means creditable service resulting from
9 service in one or more of the following positions:
10 (1) State policeman;
11 (2) fire fighter in the fire protection service of
12 a department;
13 (3) air pilot;
14 (4) special agent;
15 (5) investigator for the Secretary of State;
16 (6) conservation police officer;
17 (7) investigator for the Department of Revenue;
18 (8) security employee of the Department of Human
19 Services;
20 (9) Central Management Services security police
21 officer;
22 (10) security employee of the Department of
23 Corrections;
24 (11) dangerous drugs investigator;
25 (12) investigator for the Department of State
26 Police;
27 (13) investigator for the Office of the Attorney
28 General;
29 (14) controlled substance inspector;
30 (15) investigator for the Office of the State's
31 Attorneys Appellate Prosecutor;
32 (16) Commerce Commission police officer;
33 (17) arson investigator; and
34 (18) forensic services employee.
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1 A person employed in one of the positions specified in
2 this subsection is entitled to eligible creditable service
3 for service credit earned under this Article while undergoing
4 the basic police training course approved by the Illinois
5 Local Governmental Law Enforcement Officers Training
6 Standards Board, if completion of that training is required
7 of persons serving in that position. For the purposes of
8 this Code, service during the required basic police training
9 course shall be deemed performance of the duties of the
10 specified position, even though the person is not a sworn
11 peace officer at the time of the training.
12 (c) For the purposes of this Section:
13 (1) The term "state policeman" includes any title
14 or position in the Department of State Police that is
15 held by an individual employed under the State Police
16 Act.
17 (2) The term "fire fighter in the fire protection
18 service of a department" includes all officers in such
19 fire protection service including fire chiefs and
20 assistant fire chiefs.
21 (3) The term "air pilot" includes any employee
22 whose official job description on file in the Department
23 of Central Management Services, or in the department by
24 which he is employed if that department is not covered by
25 the Personnel Code, states that his principal duty is the
26 operation of aircraft, and who possesses a pilot's
27 license; however, the change in this definition made by
28 this amendatory Act of 1983 shall not operate to exclude
29 any noncovered employee who was an "air pilot" for the
30 purposes of this Section on January 1, 1984. The term
31 "air pilot" also includes any person employed by the
32 Illinois Department of Transportation in the position of
33 flight safety coordinator.
34 (4) The term "special agent" means any person who
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1 by reason of employment by the Division of Narcotic
2 Control, the Bureau of Investigation or, after July 1,
3 1977, the Division of Criminal Investigation, the
4 Division of Internal Investigation or any other Division
5 or organizational entity in the Department of State
6 Police is vested by law with duties to maintain public
7 order, investigate violations of the criminal law of this
8 State, enforce the laws of this State, make arrests and
9 recover property. The term "special agent" includes any
10 title or position in the Department of State Police that
11 is held by an individual employed under the State Police
12 Act.
13 (5) The term "investigator for the Secretary of
14 State" means any person employed by the Office of the
15 Secretary of State and vested with such investigative
16 duties as render him ineligible for coverage under the
17 Social Security Act by reason of Sections 218(d)(5)(A),
18 218(d)(8)(D) and 218(l)(1) of that Act.
19 A person who became employed as an investigator for
20 the Secretary of State between January 1, 1967 and
21 December 31, 1975, and who has served as such until
22 attainment of age 60, either continuously or with a
23 single break in service of not more than 3 years
24 duration, which break terminated before January 1, 1976,
25 shall be entitled to have his retirement annuity
26 calculated in accordance with subsection (a),
27 notwithstanding that he has less than 20 years of credit
28 for such service.
29 (6) The term "Conservation Police Officer" means
30 any person employed by the Division of Law Enforcement of
31 the Department of Natural Resources and vested with such
32 law enforcement duties as render him ineligible for
33 coverage under the Social Security Act by reason of
34 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
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1 that Act. The term "Conservation Police Officer"
2 includes the positions of Chief Conservation Police
3 Administrator and Assistant Conservation Police
4 Administrator.
5 (7) The term "investigator for the Department of
6 Revenue" means any person employed by the Department of
7 Revenue and vested with such investigative duties as
8 render him ineligible for coverage under the Social
9 Security Act by reason of Sections 218(d)(5)(A),
10 218(d)(8)(D) and 218(l)(1) of that Act.
11 (8) The term "security employee of the Department
12 of Human Services" means any person employed by the
13 Department of Human Services who (i) is employed at the
14 Chester Mental Health Center and has daily contact with
15 the residents thereof, (ii) is employed at a security
16 facility operated by the Department and has daily contact
17 with the residents thereof, (iii) is an employee of the
18 Department who is not employed at a security facility but
19 has direct contact on a monthly basis with residents of
20 security facilities in the performance of his or her job
21 duties, or (iv) who is a mental health police officer.
22 "Mental health police officer" means any person employed
23 by the Department of Human Services in a position
24 pertaining to the Department's mental health and
25 developmental disabilities functions who is vested with
26 such law enforcement duties as render the person
27 ineligible for coverage under the Social Security Act by
28 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
29 218(l)(1) of that Act. "Security facilities" means those
30 facilities or portions of facilities that are devoted to
31 the care, containment, and treatment of persons committed
32 to the Department of Human Services as sexually violent
33 persons, persons unfit to stand trial, or persons not
34 guilty by reason of insanity.
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1 (9) "Central Management Services security police
2 officer" means any person employed by the Department of
3 Central Management Services who is vested with such law
4 enforcement duties as render him ineligible for coverage
5 under the Social Security Act by reason of Sections
6 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
7 (10) The term "security employee of the Department
8 of Corrections" means any employee of the Department of
9 Corrections or the former Department of Personnel, and
10 any member or employee of the Prisoner Review Board, who
11 has daily contact with inmates by working within a
12 correctional facility or who is a parole officer or an
13 employee who has direct contact with committed persons in
14 the performance of his or her job duties.
15 (11) The term "dangerous drugs investigator" means
16 any person who is employed as such by the Department of
17 Human Services.
18 (12) The term "investigator for the Department of
19 State Police" means a person employed by the Department
20 of State Police who is vested under Section 4 of the
21 Narcotic Control Division Abolition Act with such law
22 enforcement powers as render him ineligible for coverage
23 under the Social Security Act by reason of Sections
24 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
25 (13) "Investigator for the Office of the Attorney
26 General" means any person who is employed as such by the
27 Office of the Attorney General and is vested with such
28 investigative duties as render him ineligible for
29 coverage under the Social Security Act by reason of
30 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
31 Act. For the period before January 1, 1989, the term
32 includes all persons who were employed as investigators
33 by the Office of the Attorney General, without regard to
34 social security status.
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1 (14) "Controlled substance inspector" means any
2 person who is employed as such by the Department of
3 Professional Regulation and is vested with such law
4 enforcement duties as render him ineligible for coverage
5 under the Social Security Act by reason of Sections
6 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
7 The term "controlled substance inspector" includes the
8 Program Executive of Enforcement and the Assistant
9 Program Executive of Enforcement.
10 (15) The term "investigator for the Office of the
11 State's Attorneys Appellate Prosecutor" means a person
12 employed in that capacity on a full time basis under the
13 authority of Section 7.06 of the State's Attorneys
14 Appellate Prosecutor's Act.
15 (16) "Commerce Commission police officer" means any
16 person employed by the Illinois Commerce Commission who
17 is vested with such law enforcement duties as render him
18 ineligible for coverage under the Social Security Act by
19 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
20 218(l)(1) of that Act.
21 (17) "Arson investigator" means any person who is
22 employed as such by the Office of the State Fire Marshal
23 and is vested with such law enforcement duties as render
24 the person ineligible for coverage under the Social
25 Security Act by reason of Sections 218(d)(5)(A),
26 218(d)(8)(D), and 218(l)(1) of that Act. A person who
27 was employed as an arson investigator on January 1, 1995
28 and is no longer in service but not yet receiving a
29 retirement annuity may convert his or her creditable
30 service for employment as an arson investigator into
31 eligible creditable service by paying to the System the
32 difference between the employee contributions actually
33 paid for that service and the amounts that would have
34 been contributed if the applicant were contributing at
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1 the rate applicable to persons with the same social
2 security status earning eligible creditable service on
3 the date of application.
4 (18) "Forensic services employee" means a person
5 employed by the Department of State Police (or a
6 predecessor agency) in its crime laboratory system.
7 (d) A security employee of the Department of
8 Corrections, and a security employee of the Department of
9 Human Services who is not a mental health police officer,
10 shall not be eligible for the alternative retirement annuity
11 provided by this Section unless he or she meets the following
12 minimum age and service requirements at the time of
13 retirement:
14 (i) 25 years of eligible creditable service and age
15 55; or
16 (ii) beginning January 1, 1987, 25 years of
17 eligible creditable service and age 54, or 24 years of
18 eligible creditable service and age 55; or
19 (iii) beginning January 1, 1988, 25 years of
20 eligible creditable service and age 53, or 23 years of
21 eligible creditable service and age 55; or
22 (iv) beginning January 1, 1989, 25 years of
23 eligible creditable service and age 52, or 22 years of
24 eligible creditable service and age 55; or
25 (v) beginning January 1, 1990, 25 years of eligible
26 creditable service and age 51, or 21 years of eligible
27 creditable service and age 55; or
28 (vi) beginning January 1, 1991, 25 years of
29 eligible creditable service and age 50, or 20 years of
30 eligible creditable service and age 55.
31 Persons who have service credit under Article 16 of this
32 Code for service as a security employee of the Department of
33 Corrections in a position requiring certification as a
34 teacher may count such service toward establishing their
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1 eligibility under the service requirements of this Section;
2 but such service may be used only for establishing such
3 eligibility, and not for the purpose of increasing or
4 calculating any benefit.
5 (e) If a member enters military service while working in
6 a position in which eligible creditable service may be
7 earned, and returns to State service in the same or another
8 such position, and fulfills in all other respects the
9 conditions prescribed in this Article for credit for military
10 service, such military service shall be credited as eligible
11 creditable service for the purposes of the retirement annuity
12 prescribed in this Section.
13 (f) For purposes of calculating retirement annuities
14 under this Section, periods of service rendered after
15 December 31, 1968 and before October 1, 1975 as a covered
16 employee in the position of special agent, conservation
17 police officer, mental health police officer, or investigator
18 for the Secretary of State, shall be deemed to have been
19 service as a noncovered employee, provided that the employee
20 pays to the System prior to retirement an amount equal to (1)
21 the difference between the employee contributions that would
22 have been required for such service as a noncovered employee,
23 and the amount of employee contributions actually paid, plus
24 (2) if payment is made after July 31, 1987, regular interest
25 on the amount specified in item (1) from the date of service
26 to the date of payment.
27 For purposes of calculating retirement annuities under
28 this Section, periods of service rendered after December 31,
29 1968 and before January 1, 1982 as a covered employee in the
30 position of investigator for the Department of Revenue shall
31 be deemed to have been service as a noncovered employee,
32 provided that the employee pays to the System prior to
33 retirement an amount equal to (1) the difference between the
34 employee contributions that would have been required for such
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1 service as a noncovered employee, and the amount of employee
2 contributions actually paid, plus (2) if payment is made
3 after January 1, 1990, regular interest on the amount
4 specified in item (1) from the date of service to the date of
5 payment.
6 (g) A State policeman may elect, not later than January
7 1, 1990, to establish eligible creditable service for up to
8 10 years of his service as a policeman under Article 3, by
9 filing a written election with the Board, accompanied by
10 payment of an amount to be determined by the Board, equal to
11 (i) the difference between the amount of employee and
12 employer contributions transferred to the System under
13 Section 3-110.5, and the amounts that would have been
14 contributed had such contributions been made at the rates
15 applicable to State policemen, plus (ii) interest thereon at
16 the effective rate for each year, compounded annually, from
17 the date of service to the date of payment.
18 Subject to the limitation in subsection (i), a State
19 policeman may elect, not later than July 1, 1993, to
20 establish eligible creditable service for up to 10 years of
21 his service as a member of the County Police Department under
22 Article 9, by filing a written election with the Board,
23 accompanied by payment of an amount to be determined by the
24 Board, equal to (i) the difference between the amount of
25 employee and employer contributions transferred to the System
26 under Section 9-121.10 and the amounts that would have been
27 contributed had those contributions been made at the rates
28 applicable to State policemen, plus (ii) interest thereon at
29 the effective rate for each year, compounded annually, from
30 the date of service to the date of payment.
31 (h) Subject to the limitation in subsection (i), a State
32 policeman or investigator for the Secretary of State may
33 elect to establish eligible creditable service for up to 12
34 years of his service as a policeman under Article 5, by
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1 filing a written election with the Board on or before January
2 31, 1992, and paying to the System by January 31, 1994 an
3 amount to be determined by the Board, equal to (i) the
4 difference between the amount of employee and employer
5 contributions transferred to the System under Section 5-236,
6 and the amounts that would have been contributed had such
7 contributions been made at the rates applicable to State
8 policemen, plus (ii) interest thereon at the effective rate
9 for each year, compounded annually, from the date of service
10 to the date of payment.
11 Subject to the limitation in subsection (i), a State
12 policeman, conservation police officer, or investigator for
13 the Secretary of State may elect to establish eligible
14 creditable service for up to 10 years of service as a
15 sheriff's law enforcement employee under Article 7, by filing
16 a written election with the Board on or before January 31,
17 1993, and paying to the System by January 31, 1994 an amount
18 to be determined by the Board, equal to (i) the difference
19 between the amount of employee and employer contributions
20 transferred to the System under Section 7-139.7, and the
21 amounts that would have been contributed had such
22 contributions been made at the rates applicable to State
23 policemen, plus (ii) interest thereon at the effective rate
24 for each year, compounded annually, from the date of service
25 to the date of payment.
26 (i) The total amount of eligible creditable service
27 established by any person under subsections (g), (h), (j),
28 (k), and (l) of this Section shall not exceed 12 years.
29 (j) Subject to the limitation in subsection (i), an
30 investigator for the Office of the State's Attorneys
31 Appellate Prosecutor or a controlled substance inspector may
32 elect to establish eligible creditable service for up to 10
33 years of his service as a policeman under Article 3 or a
34 sheriff's law enforcement employee under Article 7, by filing
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1 a written election with the Board, accompanied by payment of
2 an amount to be determined by the Board, equal to (1) the
3 difference between the amount of employee and employer
4 contributions transferred to the System under Section 3-110.6
5 or 7-139.8, and the amounts that would have been contributed
6 had such contributions been made at the rates applicable to
7 State policemen, plus (2) interest thereon at the effective
8 rate for each year, compounded annually, from the date of
9 service to the date of payment.
10 (k) Subject to the limitation in subsection (i) of this
11 Section, an alternative formula employee may elect to
12 establish eligible creditable service for periods spent as a
13 full-time law enforcement officer or full-time corrections
14 officer employed by the federal government or by a state or
15 local government located outside of Illinois, for which
16 credit is not held in any other public employee pension fund
17 or retirement system. To obtain this credit, the applicant
18 must file a written application with the Board by March 31,
19 1998, accompanied by evidence of eligibility acceptable to
20 the Board and payment of an amount to be determined by the
21 Board, equal to (1) employee contributions for the credit
22 being established, based upon the applicant's salary on the
23 first day as an alternative formula employee after the
24 employment for which credit is being established and the
25 rates then applicable to alternative formula employees, plus
26 (2) an amount determined by the Board to be the employer's
27 normal cost of the benefits accrued for the credit being
28 established, plus (3) regular interest on the amounts in
29 items (1) and (2) from the first day as an alternative
30 formula employee after the employment for which credit is
31 being established to the date of payment.
32 (l) Subject to the limitation in subsection (i), a
33 security employee of the Department of Corrections may elect,
34 not later than July 1, 1998, to establish eligible creditable
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1 service for up to 10 years of his or her service as a
2 policeman under Article 3, by filing a written election with
3 the Board, accompanied by payment of an amount to be
4 determined by the Board, equal to (i) the difference between
5 the amount of employee and employer contributions transferred
6 to the System under Section 3-110.5, and the amounts that
7 would have been contributed had such contributions been made
8 at the rates applicable to security employees of the
9 Department of Corrections, plus (ii) interest thereon at the
10 effective rate for each year, compounded annually, from the
11 date of service to the date of payment.
12 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
13 89-507, eff. 7-1-97; 90-32, eff. 6-27-97; revised 7-10-98.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.