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91_SB1877
SRS91SB0077PDge
1 AN ACT to amend the Illinois Pension Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by
5 changing Sections 7-139.7 and 14-110 as follows:
6 (40 ILCS 5/7-139.7) (from Ch. 108 1/2, par. 7-139.7)
7 Sec. 7-139.7. Transfer to Article 14.
8 (a) Until January 31, 1994, any active member of the
9 State Employees' Retirement System who is a State policeman,
10 a conservation police officer, or an investigator for the
11 Secretary of State may apply for transfer of his creditable
12 service accumulated under this Article for service as a
13 sheriff's law enforcement employee, or service as a municipal
14 conservator of the peace, certified under the Police Training
15 Act, to the State Employees' Retirement System. At the time
16 of the transfer the Fund shall pay to the State Employees'
17 Retirement System an amount equal to:
18 (1) the amounts accumulated to the credit of the
19 applicant for such service on the books of the Fund on
20 the date of transfer; and
21 (2) the corresponding municipality credits,
22 including interest, on the books of the Fund on the date
23 of transfer; and
24 (3) any interest paid by the applicant in order to
25 reinstate such service.
26 Participation in this Fund with respect to the transferred
27 credits shall terminate on the date of transfer.
28 (b) Until January 31, 1993, any such State policeman,
29 conservation police officer or investigator for the Secretary
30 of State may reinstate service that was terminated by receipt
31 of a refund, by paying to the Fund the amount of the refund
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1 with interest thereon at the effective rate from the date of
2 refund to the date of payment.
3 (c) Until July 1, 2001, any active member of the State
4 Employees' Retirement System who is a State policeman may
5 apply for transfer of all or a portion of his or her
6 creditable service accumulated under this Article for service
7 as a civilian employee of a police department to the State
8 Employees' Retirement System in accordance with Section
9 14-110. At the time of the transfer the Fund shall pay to
10 the State Employees' Retirement System an amount equal to:
11 (1) the amounts accumulated to the credit of the
12 applicant for the service to be transferred on the books
13 of the Fund on the date of transfer; and
14 (2) the corresponding municipality credits,
15 including interest, on the books of the Fund on the date
16 of transfer.
17 Participation in this Fund with respect to the transferred
18 credits shall terminate on the date of transfer.
19 (Source: P.A. 87-794; 87-850; 87-1265.)
20 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
21 Sec. 14-110. Alternative retirement annuity.
22 (a) Any member who has withdrawn from service with not
23 less than 20 years of eligible creditable service and has
24 attained age 55, and any member who has withdrawn from
25 service with not less than 25 years of eligible creditable
26 service and has attained age 50, regardless of whether the
27 attainment of either of the specified ages occurs while the
28 member is still in service, shall be entitled to receive at
29 the option of the member, in lieu of the regular or minimum
30 retirement annuity, a retirement annuity computed as
31 follows:
32 (i) for periods of service as a noncovered
33 employee, 2 1/4% of final average compensation for each
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1 of the first 10 years of creditable service, 2 1/2% for
2 each year above 10 years to and including 20 years of
3 creditable service, and 2 3/4% for each year of
4 creditable service above 20 years; and
5 (ii) for periods of eligible creditable service as
6 a covered employee, 1.67% of final average compensation
7 for each of the first 10 years of such service, 1.90% for
8 each of the next 10 years of such service, 2.10% for each
9 year of such service in excess of 20 but not exceeding
10 30, and 2.30% for each year in excess of 30.
11 Such annuity shall be subject to a maximum of 75% of
12 final average compensation. These rates shall not be
13 applicable to any service performed by a member as a covered
14 employee which is not eligible creditable service. Service
15 as a covered employee which is not eligible creditable
16 service shall be subject to the rates and provisions of
17 Section 14-108.
18 (b) For the purpose of this Section, "eligible
19 creditable service" means creditable service resulting from
20 service in one or more of the following positions:
21 (1) State policeman;
22 (2) fire fighter in the fire protection service of
23 a department;
24 (3) air pilot;
25 (4) special agent;
26 (5) investigator for the Secretary of State;
27 (6) conservation police officer;
28 (7) investigator for the Department of Revenue;
29 (8) security employee of the Department of Human
30 Services;
31 (9) Central Management Services security police
32 officer;
33 (10) security employee of the Department of
34 Corrections;
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1 (11) dangerous drugs investigator;
2 (12) investigator for the Department of State
3 Police;
4 (13) investigator for the Office of the Attorney
5 General;
6 (14) controlled substance inspector;
7 (15) investigator for the Office of the State's
8 Attorneys Appellate Prosecutor;
9 (16) Commerce Commission police officer;
10 (17) arson investigator.
11 A person employed in one of the positions specified in
12 this subsection is entitled to eligible creditable service
13 for service credit earned under this Article while undergoing
14 the basic police training course approved by the Illinois Law
15 Enforcement Training Standards Board, if completion of that
16 training is required of persons serving in that position.
17 For the purposes of this Code, service during the required
18 basic police training course shall be deemed performance of
19 the duties of the specified position, even though the person
20 is not a sworn peace officer at the time of the training.
21 (c) For the purposes of this Section:
22 (1) The term "state policeman" includes any title
23 or position in the Department of State Police that is
24 held by an individual employed under the State Police
25 Act.
26 (2) The term "fire fighter in the fire protection
27 service of a department" includes all officers in such
28 fire protection service including fire chiefs and
29 assistant fire chiefs.
30 (3) The term "air pilot" includes any employee
31 whose official job description on file in the Department
32 of Central Management Services, or in the department by
33 which he is employed if that department is not covered by
34 the Personnel Code, states that his principal duty is the
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1 operation of aircraft, and who possesses a pilot's
2 license; however, the change in this definition made by
3 this amendatory Act of 1983 shall not operate to exclude
4 any noncovered employee who was an "air pilot" for the
5 purposes of this Section on January 1, 1984.
6 (4) The term "special agent" means any person who
7 by reason of employment by the Division of Narcotic
8 Control, the Bureau of Investigation or, after July 1,
9 1977, the Division of Criminal Investigation, the
10 Division of Internal Investigation or any other Division
11 or organizational entity in the Department of State
12 Police is vested by law with duties to maintain public
13 order, investigate violations of the criminal law of this
14 State, enforce the laws of this State, make arrests and
15 recover property. The term "special agent" includes any
16 title or position in the Department of State Police that
17 is held by an individual employed under the State Police
18 Act.
19 (5) The term "investigator for the Secretary of
20 State" means any person employed by the Office of the
21 Secretary of State and vested with such investigative
22 duties as render him ineligible for coverage under the
23 Social Security Act by reason of Sections 218(d)(5)(A),
24 218(d)(8)(D) and 218(l)(1) of that Act.
25 A person who became employed as an investigator for
26 the Secretary of State between January 1, 1967 and
27 December 31, 1975, and who has served as such until
28 attainment of age 60, either continuously or with a
29 single break in service of not more than 3 years
30 duration, which break terminated before January 1, 1976,
31 shall be entitled to have his retirement annuity
32 calculated in accordance with subsection (a),
33 notwithstanding that he has less than 20 years of credit
34 for such service.
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1 (6) The term "Conservation Police Officer" means
2 any person employed by the Division of Law Enforcement of
3 the Department of Natural Resources and vested with such
4 law enforcement duties as render him ineligible for
5 coverage under the Social Security Act by reason of
6 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
7 that Act. The term "Conservation Police Officer"
8 includes the positions of Chief Conservation Police
9 Administrator and Assistant Conservation Police
10 Administrator.
11 (7) The term "investigator for the Department of
12 Revenue" means any person employed by the Department of
13 Revenue and vested with such investigative duties as
14 render him ineligible for coverage under the Social
15 Security Act by reason of Sections 218(d)(5)(A),
16 218(d)(8)(D) and 218(l)(1) of that Act.
17 (8) The term "security employee of the Department
18 of Human Services" means any person employed by the
19 Department of Human Services who is employed at the
20 Chester Mental Health Center and has daily contact with
21 the residents thereof, or who is a mental health police
22 officer. "Mental health police officer" means any person
23 employed by the Department of Human Services in a
24 position 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.
30 (9) "Central Management Services security police
31 officer" means any person employed by the Department of
32 Central Management Services who is vested with such law
33 enforcement duties as render him ineligible for coverage
34 under the Social Security Act by reason of Sections
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1 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
2 (10) The term "security employee of the Department
3 of Corrections" means any employee of the Department of
4 Corrections or the former Department of Personnel, and
5 any member or employee of the Prisoner Review Board, who
6 has daily contact with inmates by working within a
7 correctional facility or who is a parole officer or an
8 employee who has direct contact with committed persons in
9 the performance of his or her job duties.
10 (11) The term "dangerous drugs investigator" means
11 any person who is employed as such by the Department of
12 Human Services.
13 (12) The term "investigator for the Department of
14 State Police" means a person employed by the Department
15 of State Police who is vested under Section 4 of the
16 Narcotic Control Division Abolition Act with such law
17 enforcement powers as render him ineligible for coverage
18 under the Social Security Act by reason of Sections
19 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
20 (13) "Investigator for the Office of the Attorney
21 General" means any person who is employed as such by the
22 Office of the Attorney General and is vested with such
23 investigative 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 that
26 Act. For the period before January 1, 1989, the term
27 includes all persons who were employed as investigators
28 by the Office of the Attorney General, without regard to
29 social security status.
30 (14) "Controlled substance inspector" means any
31 person who is employed as such by the Department of
32 Professional Regulation and is vested with such law
33 enforcement duties as render him ineligible for coverage
34 under the Social Security Act by reason of Sections
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1 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
2 The term "controlled substance inspector" includes the
3 Program Executive of Enforcement and the Assistant
4 Program Executive of Enforcement.
5 (15) The term "investigator for the Office of the
6 State's Attorneys Appellate Prosecutor" means a person
7 employed in that capacity on a full time basis under the
8 authority of Section 7.06 of the State's Attorneys
9 Appellate Prosecutor's Act.
10 (16) "Commerce Commission police officer" means any
11 person employed by the Illinois Commerce Commission who
12 is vested with such law enforcement duties as render him
13 ineligible for coverage under the Social Security Act by
14 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
15 218(l)(1) of that Act.
16 (17) "Arson investigator" means any person who is
17 employed as such by the Office of the State Fire Marshal
18 and is vested with such law enforcement duties as render
19 the person ineligible for coverage under the Social
20 Security Act by reason of Sections 218(d)(5)(A),
21 218(d)(8)(D), and 218(l)(1) of that Act. A person who
22 was employed as an arson investigator on January 1, 1995
23 and is no longer in service but not yet receiving a
24 retirement annuity may convert his or her creditable
25 service for employment as an arson investigator into
26 eligible creditable service by paying to the System the
27 difference between the employee contributions actually
28 paid for that service and the amounts that would have
29 been contributed if the applicant were contributing at
30 the rate applicable to persons with the same social
31 security status earning eligible creditable service on
32 the date of application.
33 (d) A security employee of the Department of
34 Corrections, and a security employee of the Department of
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1 Human Services who is not a mental health police officer,
2 shall not be eligible for the alternative retirement annuity
3 provided by this Section unless he or she meets the following
4 minimum age and service requirements at the time of
5 retirement:
6 (i) 25 years of eligible creditable service and age
7 55; or
8 (ii) beginning January 1, 1987, 25 years of
9 eligible creditable service and age 54, or 24 years of
10 eligible creditable service and age 55; or
11 (iii) beginning January 1, 1988, 25 years of
12 eligible creditable service and age 53, or 23 years of
13 eligible creditable service and age 55; or
14 (iv) beginning January 1, 1989, 25 years of
15 eligible creditable service and age 52, or 22 years of
16 eligible creditable service and age 55; or
17 (v) beginning January 1, 1990, 25 years of eligible
18 creditable service and age 51, or 21 years of eligible
19 creditable service and age 55; or
20 (vi) beginning January 1, 1991, 25 years of
21 eligible creditable service and age 50, or 20 years of
22 eligible creditable service and age 55.
23 Persons who have service credit under Article 16 of this
24 Code for service as a security employee of the Department of
25 Corrections in a position requiring certification as a
26 teacher may count such service toward establishing their
27 eligibility under the service requirements of this Section;
28 but such service may be used only for establishing such
29 eligibility, and not for the purpose of increasing or
30 calculating any benefit.
31 (e) If a member enters military service while working in
32 a position in which eligible creditable service may be
33 earned, and returns to State service in the same or another
34 such position, and fulfills in all other respects the
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1 conditions prescribed in this Article for credit for military
2 service, such military service shall be credited as eligible
3 creditable service for the purposes of the retirement annuity
4 prescribed in this Section.
5 (f) For purposes of calculating retirement annuities
6 under this Section, periods of service rendered after
7 December 31, 1968 and before October 1, 1975 as a covered
8 employee in the position of special agent, conservation
9 police officer, mental health police officer, or investigator
10 for the Secretary of State, shall be deemed to have been
11 service as a noncovered employee, provided that the employee
12 pays to the System prior to retirement an amount equal to (1)
13 the difference between the employee contributions that would
14 have been required for such service as a noncovered employee,
15 and the amount of employee contributions actually paid, plus
16 (2) if payment is made after July 31, 1987, regular interest
17 on the amount specified in item (1) from the date of service
18 to the date of payment.
19 For purposes of calculating retirement annuities under
20 this Section, periods of service rendered after December 31,
21 1968 and before January 1, 1982 as a covered employee in the
22 position of investigator for the Department of Revenue shall
23 be deemed to have been service as a noncovered employee,
24 provided that the employee pays to the System prior to
25 retirement an amount equal to (1) the difference between the
26 employee contributions that would have been required for such
27 service as a noncovered employee, and the amount of employee
28 contributions actually paid, plus (2) if payment is made
29 after January 1, 1990, regular interest on the amount
30 specified in item (1) from the date of service to the date of
31 payment.
32 (g) A State policeman may elect, not later than January
33 1, 1990, to establish eligible creditable service for up to
34 10 years of his service as a policeman under Article 3, by
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1 filing a written election with the Board, accompanied by
2 payment of an amount to be determined by the Board, equal to
3 (i) the difference between the amount of employee and
4 employer contributions transferred to the System under
5 Section 3-110.5, and the amounts that would have been
6 contributed had such contributions been made at the rates
7 applicable to State policemen, plus (ii) interest thereon at
8 the effective rate for each year, compounded annually, from
9 the date of service to the date of payment.
10 Subject to the limitation in subsection (i), a State
11 policeman may elect, not later than July 1, 1993, to
12 establish eligible creditable service for up to 10 years of
13 his service as a member of the County Police Department under
14 Article 9, by filing a written election with the Board,
15 accompanied by payment of an amount to be determined by the
16 Board, equal to (i) the difference between the amount of
17 employee and employer contributions transferred to the System
18 under Section 9-121.10 and the amounts that would have been
19 contributed had those contributions been made at the rates
20 applicable to State policemen, plus (ii) interest thereon at
21 the effective rate for each year, compounded annually, from
22 the date of service to the date of payment.
23 Subject to the limitation in subsection (i), a State
24 policeman may elect, not later than July 1, 2001, to
25 establish eligible creditable service for up to 12 years of
26 his or her service as a civilian employee of a municipal
27 police department under Article 7 by filing a written
28 election with the Board, accompanied by payment of 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(c) and the
32 amounts that would have been contributed had those
33 contributions been made at the rates then applicable to
34 persons earning eligible creditable service, plus (ii)
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1 interest thereon at the effective rate for each year,
2 compounded annually, from the date of service to the date of
3 payment.
4 (h) Subject to the limitation in subsection (i), a State
5 policeman or investigator for the Secretary of State may
6 elect to establish eligible creditable service for up to 12
7 years of his service as a policeman under Article 5, by
8 filing a written election with the Board on or before January
9 31, 1992, and paying to the System by January 31, 1994 an
10 amount to be determined by the Board, equal to (i) the
11 difference between the amount of employee and employer
12 contributions transferred to the System under Section 5-236,
13 and the amounts that would have been contributed had such
14 contributions been made at the rates applicable to State
15 policemen, plus (ii) interest thereon at the effective rate
16 for each year, compounded annually, from the date of service
17 to the date of payment.
18 Subject to the limitation in subsection (i), a State
19 policeman, conservation police officer, or investigator for
20 the Secretary of State may elect to establish eligible
21 creditable service for up to 10 years of service as a
22 sheriff's law enforcement employee under Article 7, by filing
23 a written election with the Board on or before January 31,
24 1993, and paying to the System by January 31, 1994 an amount
25 to be determined by the Board, equal to (i) the difference
26 between the amount of employee and employer contributions
27 transferred to the System under Section 7-139.7, and the
28 amounts that would have been contributed had such
29 contributions been made at the rates applicable to State
30 policemen, plus (ii) interest thereon at the effective rate
31 for each year, compounded annually, from the date of service
32 to the date of payment.
33 (i) The total amount of eligible creditable service
34 established by any 3person under subsections (g), (h), (j),
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1 (k), and (l) of this Section shall not exceed 12 years.
2 (j) Subject to the limitation in subsection (i), an
3 investigator for the Office of the State's Attorneys
4 Appellate Prosecutor or a controlled substance inspector may
5 elect to establish eligible creditable service for up to 10
6 years of his service as a policeman under Article 3 or a
7 sheriff's law enforcement employee under Article 7, by filing
8 a written election with the Board, accompanied by payment of
9 an amount to be determined by the Board, equal to (1) the
10 difference between the amount of employee and employer
11 contributions transferred to the System under Section 3-110.6
12 or 7-139.8, and the amounts that would have been contributed
13 had such contributions been made at the rates applicable to
14 State policemen, plus (2) interest thereon at the effective
15 rate for each year, compounded annually, from the date of
16 service to the date of payment.
17 (k) Subject to the limitation in subsection (i) of this
18 Section, an alternative formula employee may elect to
19 establish eligible creditable service for periods spent as a
20 full-time law enforcement officer or full-time corrections
21 officer employed by the federal government or by a state or
22 local government located outside of Illinois, for which
23 credit is not held in any other public employee pension fund
24 or retirement system. To obtain this credit, the applicant
25 must file a written application with the Board by March 31,
26 1998, accompanied by evidence of eligibility acceptable to
27 the Board and payment of an amount to be determined by the
28 Board, equal to (1) employee contributions for the credit
29 being established, based upon the applicant's salary on the
30 first day as an alternative formula employee after the
31 employment for which credit is being established and the
32 rates then applicable to alternative formula employees, plus
33 (2) an amount determined by the Board to be the employer's
34 normal cost of the benefits accrued for the credit being
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1 established, plus (3) regular interest on the amounts in
2 items (1) and (2) from the first day as an alternative
3 formula employee after the employment for which credit is
4 being established to the date of payment.
5 (l) Subject to the limitation in subsection (i), a
6 security employee of the Department of Corrections may elect,
7 not later than July 1, 1998, to establish eligible creditable
8 service for up to 10 years of his or her service as a
9 policeman under Article 3, by filing a written election with
10 the Board, accompanied by payment of an amount to be
11 determined by the Board, equal to (i) the difference between
12 the amount of employee and employer contributions transferred
13 to the System under Section 3-110.5, and the amounts that
14 would have been contributed had such contributions been made
15 at the rates applicable to security employees of the
16 Department of Corrections, plus (ii) interest thereon at the
17 effective rate for each year, compounded annually, from the
18 date of service to the date of payment.
19 (Source: P.A. 90-32, eff. 6-27-97; 91-357, eff. 7-29-99.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.