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92_HB3190
LRB9206017EGfg
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8 (a) Any member who has withdrawn from service with not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10 attained age 55, and any member who has withdrawn from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
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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 A person employed in one of the positions specified in
34 this subsection is entitled to eligible creditable service
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1 for service credit earned under this Article while undergoing
2 the basic police training course approved by the Illinois Law
3 Enforcement Training Standards Board, if completion of that
4 training is required of persons serving in that position.
5 For the purposes of this Code, service during the required
6 basic police training course shall be deemed performance of
7 the duties of the specified position, even though the person
8 is not a sworn peace officer at the time of the training.
9 (c) For the purposes of this Section:
10 (1) The term "state policeman" includes any title
11 or position in the Department of State Police that is
12 held by an individual employed under the State Police
13 Act.
14 (2) The term "fire fighter in the fire protection
15 service of a department" includes all officers in such
16 fire protection service including fire chiefs and
17 assistant fire chiefs.
18 (3) The term "air pilot" includes any employee
19 whose official job description on file in the Department
20 of Central Management Services, or in the department by
21 which he is employed if that department is not covered by
22 the Personnel Code, states that his principal duty is the
23 operation of aircraft, and who possesses a pilot's
24 license; however, the change in this definition made by
25 this amendatory Act of 1983 shall not operate to exclude
26 any noncovered employee who was an "air pilot" for the
27 purposes of this Section on January 1, 1984.
28 (4) The term "special agent" means any person who
29 by reason of employment by the Division of Narcotic
30 Control, the Bureau of Investigation or, after July 1,
31 1977, the Division of Criminal Investigation, the
32 Division of Internal Investigation, the Division of
33 Operations, or any other Division or organizational
34 entity in the Department of State Police is vested by law
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1 with duties to maintain public order, investigate
2 violations of the criminal law of this State, enforce the
3 laws of this State, make arrests and recover property.
4 The term "special agent" includes any title or position
5 in the Department of State Police that is held by an
6 individual employed under the State Police Act.
7 (5) The term "investigator for the Secretary of
8 State" means any person employed by the Office of the
9 Secretary of State and vested with such investigative
10 duties as render him ineligible for coverage under the
11 Social Security Act by reason of Sections 218(d)(5)(A),
12 218(d)(8)(D) and 218(l)(1) of that Act.
13 A person who became employed as an investigator for
14 the Secretary of State between January 1, 1967 and
15 December 31, 1975, and who has served as such until
16 attainment of age 60, either continuously or with a
17 single break in service of not more than 3 years
18 duration, which break terminated before January 1, 1976,
19 shall be entitled to have his retirement annuity
20 calculated in accordance with subsection (a),
21 notwithstanding that he has less than 20 years of credit
22 for such service.
23 (6) The term "Conservation Police Officer" means
24 any person employed by the Division of Law Enforcement of
25 the Department of Natural Resources and vested with such
26 law enforcement duties as render him ineligible for
27 coverage under the Social Security Act by reason of
28 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
29 that Act. The term "Conservation Police Officer"
30 includes the positions of Chief Conservation Police
31 Administrator and Assistant Conservation Police
32 Administrator.
33 (7) The term "investigator for the Department of
34 Revenue" means any person employed by the Department of
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1 Revenue and vested with such investigative duties as
2 render him ineligible for coverage under the Social
3 Security Act by reason of Sections 218(d)(5)(A),
4 218(d)(8)(D) and 218(l)(1) of that Act.
5 (8) The term "security employee of the Department
6 of Human Services" means any person employed by the
7 Department of Human Services who is employed at the
8 Chester Mental Health Center and has daily contact with
9 the residents thereof, or who is a mental health police
10 officer. "Mental health police officer" means any person
11 employed by the Department of Human Services in a
12 position pertaining to the Department's mental health and
13 developmental disabilities functions who is vested with
14 such law enforcement duties as render the person
15 ineligible for coverage under the Social Security Act by
16 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
17 218(l)(1) of that Act.
18 (9) "Central Management Services security police
19 officer" means any person employed by the Department of
20 Central Management Services who is vested with such law
21 enforcement duties as render him ineligible for coverage
22 under the Social Security Act by reason of Sections
23 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
24 (10) The term "security employee of the Department
25 of Corrections" means any employee of the Department of
26 Corrections, the Department of State Police, or the
27 former Department of Personnel, and any member or
28 employee of the Prisoner Review Board, who has daily
29 contact with inmates by working within a correctional
30 facility or who is a parole officer or an employee who
31 has direct contact with committed persons in the
32 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
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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
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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 (d) A security employee of the Department of
23 Corrections, and a security employee of the Department of
24 Human Services who is not a mental health police officer,
25 shall not be eligible for the alternative retirement annuity
26 provided by this Section unless he or she meets the following
27 minimum age and service requirements at the time of
28 retirement:
29 (i) 25 years of eligible creditable service and age
30 55; or
31 (ii) beginning January 1, 1987, 25 years of
32 eligible creditable service and age 54, or 24 years of
33 eligible creditable service and age 55; or
34 (iii) beginning January 1, 1988, 25 years of
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1 eligible creditable service and age 53, or 23 years of
2 eligible creditable service and age 55; or
3 (iv) beginning January 1, 1989, 25 years of
4 eligible creditable service and age 52, or 22 years of
5 eligible creditable service and age 55; or
6 (v) beginning January 1, 1990, 25 years of eligible
7 creditable service and age 51, or 21 years of eligible
8 creditable service and age 55; or
9 (vi) beginning January 1, 1991, 25 years of
10 eligible creditable service and age 50, or 20 years of
11 eligible creditable service and age 55.
12 Persons who have service credit under Article 16 of this
13 Code for service as a security employee of the Department of
14 Corrections in a position requiring certification as a
15 teacher may count such service toward establishing their
16 eligibility under the service requirements of this Section;
17 but such service may be used only for establishing such
18 eligibility, and not for the purpose of increasing or
19 calculating any benefit.
20 (e) If a member enters military service while working in
21 a position in which eligible creditable service may be
22 earned, and returns to State service in the same or another
23 such position, and fulfills in all other respects the
24 conditions prescribed in this Article for credit for military
25 service, such military service shall be credited as eligible
26 creditable service for the purposes of the retirement annuity
27 prescribed in this Section.
28 (f) For purposes of calculating retirement annuities
29 under this Section, periods of service rendered after
30 December 31, 1968 and before October 1, 1975 as a covered
31 employee in the position of special agent, conservation
32 police officer, mental health police officer, or investigator
33 for the Secretary of State, shall be deemed to have been
34 service as a noncovered employee, provided that the employee
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1 pays to the System prior to retirement an amount equal to (1)
2 the difference between the employee contributions that would
3 have been required for such service as a noncovered employee,
4 and the amount of employee contributions actually paid, plus
5 (2) if payment is made after July 31, 1987, regular interest
6 on the amount specified in item (1) from the date of service
7 to the date of payment.
8 For purposes of calculating retirement annuities under
9 this Section, periods of service rendered after December 31,
10 1968 and before January 1, 1982 as a covered employee in the
11 position of investigator for the Department of Revenue shall
12 be deemed to have been service as a noncovered employee,
13 provided that the employee pays to the System prior to
14 retirement an amount equal to (1) the difference between the
15 employee contributions that would have been required for such
16 service as a noncovered employee, and the amount of employee
17 contributions actually paid, plus (2) if payment is made
18 after January 1, 1990, regular interest on the amount
19 specified in item (1) from the date of service to the date of
20 payment.
21 (g) A State policeman may elect, not later than January
22 1, 1990, to establish eligible creditable service for up to
23 10 years of his service as a policeman under Article 3, by
24 filing a written election with the Board, accompanied by
25 payment of an amount to be determined by the Board, equal to
26 (i) the difference between the amount of employee and
27 employer contributions transferred to the System under
28 Section 3-110.5, and the amounts that would have been
29 contributed had such contributions been made at the rates
30 applicable to State policemen, plus (ii) interest thereon at
31 the effective rate for each year, compounded annually, from
32 the date of service to the date of payment.
33 Subject to the limitation in subsection (i), a State
34 policeman may elect, not later than July 1, 1993, to
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1 establish eligible creditable service for up to 10 years of
2 his service as a member of the County Police Department under
3 Article 9, by filing a written election with the Board,
4 accompanied by payment of an amount to be determined by the
5 Board, equal to (i) the difference between the amount of
6 employee and employer contributions transferred to the System
7 under Section 9-121.10 and the amounts that would have been
8 contributed had those contributions been made at the rates
9 applicable to State policemen, plus (ii) interest thereon at
10 the effective rate for each year, compounded annually, from
11 the date of service to the date of payment.
12 (h) Subject to the limitation in subsection (i), a State
13 policeman or investigator for the Secretary of State may
14 elect to establish eligible creditable service for up to 12
15 years of his service as a policeman under Article 5, by
16 filing a written election with the Board on or before January
17 31, 1992, and paying to the System by January 31, 1994 an
18 amount to be determined by the Board, equal to (i) the
19 difference between the amount of employee and employer
20 contributions transferred to the System under Section 5-236,
21 and the 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 Subject to the limitation in subsection (i), a State
27 policeman, conservation police officer, or investigator for
28 the Secretary of State may elect to establish eligible
29 creditable service for up to 10 years of service as a
30 sheriff's law enforcement employee under Article 7, by filing
31 a written election with the Board on or before January 31,
32 1993, and paying to the System by January 31, 1994 an amount
33 to be determined by the Board, equal to (i) the difference
34 between the amount of employee and employer contributions
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1 transferred to the System under Section 7-139.7, and the
2 amounts that would have been contributed had such
3 contributions been made at the rates applicable to State
4 policemen, plus (ii) interest thereon at the effective rate
5 for each year, compounded annually, from the date of service
6 to the date of payment.
7 (i) The total amount of eligible creditable service
8 established by any person under subsections (g), (h), (j),
9 (k), and (l) of this Section shall not exceed 12 years.
10 (j) Subject to the limitation in subsection (i), an
11 investigator for the Office of the State's Attorneys
12 Appellate Prosecutor or a controlled substance inspector may
13 elect to establish eligible creditable service for up to 10
14 years of his service as a policeman under Article 3 or a
15 sheriff's law enforcement employee under Article 7, by filing
16 a written election with the Board, accompanied by payment of
17 an amount to be determined by the Board, equal to (1) the
18 difference between the amount of employee and employer
19 contributions transferred to the System under Section 3-110.6
20 or 7-139.8, and the amounts that would have been contributed
21 had such contributions been made at the rates applicable to
22 State policemen, plus (2) interest thereon at the effective
23 rate for each year, compounded annually, from the date of
24 service to the date of payment.
25 (k) Subject to the limitation in subsection (i) of this
26 Section, an alternative formula employee may elect to
27 establish eligible creditable service for periods spent as a
28 full-time law enforcement officer or full-time corrections
29 officer employed by the federal government or by a state or
30 local government located outside of Illinois, for which
31 credit is not held in any other public employee pension fund
32 or retirement system. To obtain this credit, the applicant
33 must file a written application with the Board by March 31,
34 1998, accompanied by evidence of eligibility acceptable to
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1 the Board and payment of an amount to be determined by the
2 Board, equal to (1) employee contributions for the credit
3 being established, based upon the applicant's salary on the
4 first day as an alternative formula employee after the
5 employment for which credit is being established and the
6 rates then applicable to alternative formula employees, plus
7 (2) an amount determined by the Board to be the employer's
8 normal cost of the benefits accrued for the credit being
9 established, plus (3) regular interest on the amounts in
10 items (1) and (2) from the first day as an alternative
11 formula employee after the employment for which credit is
12 being established to the date of payment.
13 (l) Subject to the limitation in subsection (i), a
14 security employee of the Department of Corrections may elect,
15 not later than July 1, 1998, to establish eligible creditable
16 service for up to 10 years of his or her service as a
17 policeman under Article 3, by filing a written election with
18 the Board, accompanied by payment of an amount to be
19 determined by the Board, equal to (i) the difference between
20 the amount of employee and employer contributions transferred
21 to the System under Section 3-110.5, and the amounts that
22 would have been contributed had such contributions been made
23 at the rates applicable to security employees of the
24 Department of Corrections, plus (ii) interest thereon at the
25 effective rate for each year, compounded annually, from the
26 date of service to the date of payment.
27 (Source: P.A. 90-32, eff. 6-27-97; 91-357, eff. 7-29-99;
28 91-760, eff. 1-1-01.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.