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92_HB0267eng HB0267 Engrossed LRB9203952EGfg 1 AN ACT in relation to public employee benefits. 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 Section 14-110 as follows: 6 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110) 7 Sec. 14-110. Alternative retirement annuity. 8 (a) Any member who has withdrawn from service with not 9 less than 20 years of eligible creditable service and has 10 attained age 55, and any member who has withdrawn from 11 service with not less than 25 years of eligible creditable 12 service and has attained age 50, regardless of whether the 13 attainment of either of the specified ages occurs while the 14 member is still in service, shall be entitled to receive at 15 the option of the member, in lieu of the regular or minimum 16 retirement annuity, a retirement annuity computed as 17 follows: 18 (i) for periods of service as a noncovered 19 employee, 2 1/4% of final average compensation for each 20 of the first 10 years of creditable service, 2 1/2% for 21 each year above 10 years to and including 20 years of 22 creditable service, and 2 3/4% for each year of 23 creditable service above 20 years; and 24 (ii) for periods of eligible creditable service as 25 a covered employee, 1.67% of final average compensation 26 for each of the first 10 years of such service, 1.90% for 27 each of the next 10 years of such service, 2.10% for each 28 year of such service in excess of 20 but not exceeding 29 30, and 2.30% for each year in excess of 30. 30 Such annuity shall be subject to a maximum of 75% of 31 final average compensation. These rates shall not be HB0267 Engrossed -2- LRB9203952EGfg 1 applicable to any service performed by a member as a covered 2 employee which is not eligible creditable service. Service 3 as a covered employee which is not eligible creditable 4 service shall be subject to the rates and provisions of 5 Section 14-108. 6 (b) For the purpose of this Section, "eligible 7 creditable service" means creditable service resulting from 8 service in one or more of the following positions: 9 (1) State policeman; 10 (2) fire fighter in the fire protection service of 11 a department; 12 (3) air pilot; 13 (4) special agent; 14 (5) investigator for the Secretary of State; 15 (6) conservation police officer; 16 (7) investigator for the Department of Revenue; 17 (8) security employee of the Department of Human 18 Services; 19 (9) Central Management Services security police 20 officer; 21 (10) security employee of the Department of 22 Corrections; 23 (11) dangerous drugs investigator; 24 (12) investigator for the Department of State 25 Police; 26 (13) investigator for the Office of the Attorney 27 General; 28 (14) controlled substance inspector; 29 (15) investigator for the Office of the State's 30 Attorneys Appellate Prosecutor; 31 (16) Commerce Commission police officer; 32 (17) arson investigator; 33 (18) State highway maintenance worker. 34 A person employed in one of the positions specified in HB0267 Engrossed -3- LRB9203952EGfg 1 this subsection is entitled to eligible creditable service 2 for service credit earned under this Article while undergoing 3 the basic police training course approved by the Illinois Law 4 Enforcement Training Standards Board, if completion of that 5 training is required of persons serving in that position. 6 For the purposes of this Code, service during the required 7 basic police training course shall be deemed performance of 8 the duties of the specified position, even though the person 9 is not a sworn peace officer at the time of the training. 10 (c) For the purposes of this Section: 11 (1) The term "state policeman" includes any title 12 or position in the Department of State Police that is 13 held by an individual employed under the State Police 14 Act. 15 (2) The term "fire fighter in the fire protection 16 service of a department" includes all officers in such 17 fire protection service including fire chiefs and 18 assistant fire chiefs. 19 (3) The term "air pilot" includes any employee 20 whose official job description on file in the Department 21 of Central Management Services, or in the department by 22 which he is employed if that department is not covered by 23 the Personnel Code, states that his principal duty is the 24 operation of aircraft, and who possesses a pilot's 25 license; however, the change in this definition made by 26 this amendatory Act of 1983 shall not operate to exclude 27 any noncovered employee who was an "air pilot" for the 28 purposes of this Section on January 1, 1984. 29 (4) The term "special agent" means any person who 30 by reason of employment by the Division of Narcotic 31 Control, the Bureau of Investigation or, after July 1, 32 1977, the Division of Criminal Investigation, the 33 Division of Internal Investigation, the Division of 34 Operations, or any other Division or organizational HB0267 Engrossed -4- LRB9203952EGfg 1 entity in the Department of State Police is vested by law 2 with duties to maintain public order, investigate 3 violations of the criminal law of this State, enforce the 4 laws of this State, make arrests and recover property. 5 The term "special agent" includes any title or position 6 in the Department of State Police that is held by an 7 individual employed under the State Police Act. 8 (5) The term "investigator for the Secretary of 9 State" means any person employed by the Office of the 10 Secretary of State and vested with such investigative 11 duties as render him ineligible for coverage under the 12 Social Security Act by reason of Sections 218(d)(5)(A), 13 218(d)(8)(D) and 218(l)(1) of that Act. 14 A person who became employed as an investigator for 15 the Secretary of State between January 1, 1967 and 16 December 31, 1975, and who has served as such until 17 attainment of age 60, either continuously or with a 18 single break in service of not more than 3 years 19 duration, which break terminated before January 1, 1976, 20 shall be entitled to have his retirement annuity 21 calculated in accordance with subsection (a), 22 notwithstanding that he has less than 20 years of credit 23 for such service. 24 (6) The term "Conservation Police Officer" means 25 any person employed by the Division of Law Enforcement of 26 the Department of Natural Resources and vested with such 27 law enforcement duties as render him ineligible for 28 coverage under the Social Security Act by reason of 29 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of 30 that Act. The term "Conservation Police Officer" 31 includes the positions of Chief Conservation Police 32 Administrator and Assistant Conservation Police 33 Administrator. 34 (7) The term "investigator for the Department of HB0267 Engrossed -5- LRB9203952EGfg 1 Revenue" means any person employed by the Department of 2 Revenue and vested with such investigative duties as 3 render him ineligible for coverage under the Social 4 Security Act by reason of Sections 218(d)(5)(A), 5 218(d)(8)(D) and 218(l)(1) of that Act. 6 (8) The term "security employee of the Department 7 of Human Services" means any person employed by the 8 Department of Human Services who is employed at the 9 Chester Mental Health Center and has daily contact with 10 the residents thereof, or who is a mental health police 11 officer. "Mental health police officer" means any person 12 employed by the Department of Human Services in a 13 position pertaining to the Department's mental health and 14 developmental disabilities functions who is vested with 15 such law enforcement duties as render the person 16 ineligible for coverage under the Social Security Act by 17 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 18 218(l)(1) of that Act. 19 (9) "Central Management Services security police 20 officer" means any person employed by the Department of 21 Central Management Services who is vested with such law 22 enforcement duties 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 (10) The term "security employee of the Department 26 of Corrections" means any employee of the Department of 27 Corrections or the former Department of Personnel, and 28 any member or employee of the Prisoner Review Board, who 29 has daily contact with inmates by working within a 30 correctional facility or who is a parole officer or an 31 employee who has direct contact with committed persons in 32 the performance of his or her job duties. 33 (11) The term "dangerous drugs investigator" means 34 any person who is employed as such by the Department of HB0267 Engrossed -6- LRB9203952EGfg 1 Human Services. 2 (12) The term "investigator for the Department of 3 State Police" means a person employed by the Department 4 of State Police who is vested under Section 4 of the 5 Narcotic Control Division Abolition Act with such law 6 enforcement powers as render him ineligible for coverage 7 under the Social Security Act by reason of Sections 8 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. 9 (13) "Investigator for the Office of the Attorney 10 General" means any person who is employed as such by the 11 Office of the Attorney General and is vested with such 12 investigative duties as render him ineligible for 13 coverage under the Social Security Act by reason of 14 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that 15 Act. For the period before January 1, 1989, the term 16 includes all persons who were employed as investigators 17 by the Office of the Attorney General, without regard to 18 social security status. 19 (14) "Controlled substance inspector" means any 20 person who is employed as such by the Department of 21 Professional Regulation and is vested with such law 22 enforcement duties 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 The term "controlled substance inspector" includes the 26 Program Executive of Enforcement and the Assistant 27 Program Executive of Enforcement. 28 (15) The term "investigator for the Office of the 29 State's Attorneys Appellate Prosecutor" means a person 30 employed in that capacity on a full time basis under the 31 authority of Section 7.06 of the State's Attorneys 32 Appellate Prosecutor's Act. 33 (16) "Commerce Commission police officer" means any 34 person employed by the Illinois Commerce Commission who HB0267 Engrossed -7- LRB9203952EGfg 1 is vested with such law enforcement duties as render him 2 ineligible for coverage under the Social Security Act by 3 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and 4 218(l)(1) of that Act. 5 (17) "Arson investigator" means any person who is 6 employed as such by the Office of the State Fire Marshal 7 and is vested with such law enforcement duties as render 8 the person 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. A person who 11 was employed as an arson investigator on January 1, 1995 12 and is no longer in service but not yet receiving a 13 retirement annuity may convert his or her creditable 14 service for employment as an arson investigator into 15 eligible creditable service by paying to the System the 16 difference between the employee contributions actually 17 paid for that service and the amounts that would have 18 been contributed if the applicant were contributing at 19 the rate applicable to persons with the same social 20 security status earning eligible creditable service on 21 the date of application. 22 (18) The term "State highway maintenance worker" 23 means a person who is either of the following: 24 (i) A person employed on a full-time basis by 25 the Illinois Department of Transportation in the 26 position of highway maintainer, highway maintenance 27 lead worker, highway maintenance lead/lead worker, 28 heavy construction equipment operator, power shovel 29 operator, or bridge mechanic; and whose principal 30 responsibility is to perform, on the roadway, the 31 actual maintenance necessary to keep the highways 32 that form a part of the State highway system in 33 serviceable condition for vehicular traffic. 34 (ii) A person employed on a full-time basis by HB0267 Engrossed -8- LRB9203952EGfg 1 the Illinois State Toll Highway Authority in the 2 position of equipment operator/laborer H-4, 3 equipment operator/laborer H-6, welder H-4, 4 welder H-6, mechanical/electrical H-4, 5 mechanical/electrical H-6, water/sewer H-4, 6 water/sewer H-6, sign maker/hanger H-4, sign 7 maker/hanger H-6, roadway lighting H-4, roadway 8 lighting H-6, structural H-4, structural H-6, 9 painter H-4, or painter H-6; and whose principal 10 responsibility is to perform, on the roadway, the 11 actual maintenance necessary to keep the Authority's 12 tollways in serviceable condition for vehicular 13 traffic. 14 (d) A security employee of the Department of 15 Corrections, and a security employee of the Department of 16 Human Services who is not a mental health police officer, 17 shall not be eligible for the alternative retirement annuity 18 provided by this Section unless he or she meets the following 19 minimum age and service requirements at the time of 20 retirement: 21 (i) 25 years of eligible creditable service and age 22 55; or 23 (ii) beginning January 1, 1987, 25 years of 24 eligible creditable service and age 54, or 24 years of 25 eligible creditable service and age 55; or 26 (iii) beginning January 1, 1988, 25 years of 27 eligible creditable service and age 53, or 23 years of 28 eligible creditable service and age 55; or 29 (iv) beginning January 1, 1989, 25 years of 30 eligible creditable service and age 52, or 22 years of 31 eligible creditable service and age 55; or 32 (v) beginning January 1, 1990, 25 years of eligible 33 creditable service and age 51, or 21 years of eligible 34 creditable service and age 55; or HB0267 Engrossed -9- LRB9203952EGfg 1 (vi) beginning January 1, 1991, 25 years of 2 eligible creditable service and age 50, or 20 years of 3 eligible creditable service and age 55. 4 Persons who have service credit under Article 16 of this 5 Code for service as a security employee of the Department of 6 Corrections in a position requiring certification as a 7 teacher may count such service toward establishing their 8 eligibility under the service requirements of this Section; 9 but such service may be used only for establishing such 10 eligibility, and not for the purpose of increasing or 11 calculating any benefit. 12 (e) If a member enters military service while working in 13 a position in which eligible creditable service may be 14 earned, and returns to State service in the same or another 15 such position, and fulfills in all other respects the 16 conditions prescribed in this Article for credit for military 17 service, such military service shall be credited as eligible 18 creditable service for the purposes of the retirement annuity 19 prescribed in this Section. 20 (f) For purposes of calculating retirement annuities 21 under this Section, periods of service rendered after 22 December 31, 1968 and before October 1, 1975 as a covered 23 employee in the position of special agent, conservation 24 police officer, mental health police officer, or investigator 25 for the Secretary of State, shall be deemed to have been 26 service as a noncovered employee, provided that the employee 27 pays to the System prior to retirement an amount equal to (1) 28 the difference between the employee contributions that would 29 have been required for such service as a noncovered employee, 30 and the amount of employee contributions actually paid, plus 31 (2) if payment is made after July 31, 1987, regular interest 32 on the amount specified in item (1) from the date of service 33 to the date of payment. 34 For purposes of calculating retirement annuities under HB0267 Engrossed -10- LRB9203952EGfg 1 this Section, periods of service rendered after December 31, 2 1968 and before January 1, 1982 as a covered employee in the 3 position of investigator for the Department of Revenue shall 4 be deemed to have been service as a noncovered employee, 5 provided that the employee pays to the System prior to 6 retirement an amount equal to (1) the difference between the 7 employee contributions that would have been required for such 8 service as a noncovered employee, and the amount of employee 9 contributions actually paid, plus (2) if payment is made 10 after January 1, 1990, regular interest on the amount 11 specified in item (1) from the date of service to the date of 12 payment. 13 (g) A State policeman may elect, not later than January 14 1, 1990, to establish eligible creditable service for up to 15 10 years of his service as a policeman under Article 3, by 16 filing a written election with the Board, accompanied by 17 payment of an amount to be determined by the Board, equal to 18 (i) the difference between the amount of employee and 19 employer contributions transferred to the System under 20 Section 3-110.5, and the amounts that would have been 21 contributed had such contributions been made at the rates 22 applicable to State policemen, plus (ii) interest thereon at 23 the effective rate for each year, compounded annually, from 24 the date of service to the date of payment. 25 Subject to the limitation in subsection (i), a State 26 policeman may elect, not later than July 1, 1993, to 27 establish eligible creditable service for up to 10 years of 28 his service as a member of the County Police Department under 29 Article 9, by filing a written election with the Board, 30 accompanied by payment of an amount to be determined by the 31 Board, equal to (i) the difference between the amount of 32 employee and employer contributions transferred to the System 33 under Section 9-121.10 and the amounts that would have been 34 contributed had those contributions been made at the rates HB0267 Engrossed -11- LRB9203952EGfg 1 applicable to State policemen, plus (ii) interest thereon at 2 the effective rate for each year, compounded annually, from 3 the date of service to the date of 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 person under subsections (g), (h), (j), HB0267 Engrossed -12- LRB9203952EGfg 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 HB0267 Engrossed -13- LRB9203952EGfg 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 91-760, eff. 1-1-01.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.