Public Act 102-0856
 
SB3778 EnrolledLRB102 23771 RPS 32962 b


  
    AN ACT concerning public employee benefits.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Illinois Pension Code is amended  by 
changing Sections 4-108.8, 7-139.8, 9-121.10, 14-110, and 
14-152.1 as follows:
 
    (40 ILCS 5/4-108.8)
    Sec. 4-108.8. Transfer of creditable service to the State 
Employees' Retirement System.
    (a) Any active member of the State Employees' Retirement 
System who is an arson investigator, investigator for the 
Department of Revenue, investigator for the Illinois Gaming 
Board, or investigator for the Secretary of State may apply 
for transfer of some or all of his or her credits and 
creditable service accumulated in any firefighters' pension 
fund under this Article to the State Employees' Retirement 
System in accordance with Section 14-110.  The creditable 
service shall be transferred only upon payment by the 
firefighters' pension fund to the State Employees' Retirement 
System of an amount equal to:
        (1) the amounts accumulated to the credit of the 
    applicant for the service to be transferred on file with 
    the fund on the date of transfer; 
        (2) employer contributions in an amount equal to the 
    amount determined under paragraph (1); and 
        (3) any interest paid by the applicant in order to 
    reinstate service to be transferred. 
    Participation in the firefighters' pension fund with 
respect to the service to be transferred shall terminate on 
the date of transfer.
    (b) Any person applying to transfer service under this 
Section may reinstate service that was terminated by receipt 
of a refund, by paying to the firefighters' pension fund the 
amount of the refund with interest thereon at the actuarially 
assumed rate of interest, compounded annually, from the date 
of refund to the date of payment. 

(Source: P.A. 102-210, eff. 7-30-21.)
 



    (40 ILCS 5/7-139.8)  (from Ch. 108 1/2, par. 7-139.8)



    Sec. 7-139.8. Transfer to Article 14 System. 

    (a) Any active member of the State Employees' Retirement 
System who is a State policeman, an investigator for the 
Secretary of State, a conservation police officer, an 
investigator for the Office of the Attorney General, an 
investigator for the Department of Revenue, an investigator 
for the Illinois Gaming Board, an arson investigator, a 
Commerce Commission police officer, an
investigator for the 
Office of the State's Attorneys Appellate Prosecutor,
or a 
controlled substance inspector
may apply for transfer of some 
or all of his or her credits and creditable service

accumulated in this Fund for service as a sheriff's law 
enforcement
employee, person employed by a participating 
municipality to perform police duties, or law enforcement 
officer employed on a full-time basis by a forest preserve 
district to the State Employees' Retirement System in 
accordance with
Section 14-110.  The creditable service shall 
be transferred only upon payment
by this Fund to the State 
Employees' Retirement System of an amount equal to:

        (1) the amounts accumulated to the credit of the 
    applicant for the service
to be transferred, including 
    interest; and

        (2) municipality credits based on such service, 
    including interest; and

        (3) any interest paid by the applicant to reinstate 
    such service.

Participation in this Fund as to any credits transferred under 
this
Section shall terminate on the date of transfer.

    (b) Any person applying to transfer service under this 
Section may reinstate credits and
creditable service 
terminated upon receipt of a separation benefit, by paying
to 
the Fund the amount of the separation benefit plus interest 
thereon at the actuarially assumed rate of interest
 to the 
date of payment.

(Source: P.A. 102-210, eff. 7-30-21.)

 



    (40 ILCS 5/9-121.10)  (from Ch. 108 1/2, par. 9-121.10)



    Sec. 9-121.10. Transfer to Article 14. 

    (a) Any active member of the State Employees'
Retirement 
System who is a State policeman, investigator for the Office 
of the Attorney General, an investigator for the Department of 
Revenue, investigator for the Illinois Gaming Board, arson 
investigator, investigator for the Secretary of State, or 
conservation police officer may apply for transfer of some
or 
all of his creditable service as a member of the County Police

Department, a county corrections officer, or a court services 
officer accumulated under this Article to the State Employees'

Retirement System in accordance with Section 14-110.  At the 
time of the transfer the Fund shall pay to the
State Employees' 
Retirement System an amount equal to:


        (1) the amounts accumulated to the credit of the 
    applicant on the
books of the Fund on the date of transfer 
    for the service to be
transferred; and


        (2) the corresponding municipality credits, including 
    interest, on the
books of the Fund on the date of transfer; 
    and


        (3) any interest paid by the applicant in order to 
    reinstate such service.

Participation in this Fund with respect to the credits 
transferred shall
terminate on the date of transfer.

    (b) Any person applying to transfer service under this 
Section

may reinstate credit for service as a member of the 
County Police
Department that was terminated by receipt of a 
refund, by paying to the
Fund the amount of the refund with 
interest thereon at the actuarially assumed rate of interest, 
compounded annually, from the date of refund to the date of 
payment.

(Source: P.A. 95-530, eff. 8-28-07; 96-745, eff. 8-25-09.)

 


    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)


    Sec. 14-110. Alternative retirement annuity. 

    (a) Any member who has withdrawn from service with not 
less than 20
years of eligible creditable service and has 
attained age 55, and any
member who has withdrawn from service 
with not less than 25 years of
eligible creditable service and 
has attained age 50, regardless of whether
the attainment of 
either of the specified ages occurs while the member is
still 
in service, shall be entitled to receive at the option of the 
member,
in lieu of the regular or minimum retirement annuity, 
a retirement  annuity
computed as follows:

        (i) for periods of service as a noncovered employee:

    if retirement occurs on or after January 1, 2001, 3% of 
    final
average compensation for each year of creditable 
    service; if retirement occurs
before January 1, 2001, 2 
    1/4% of final average compensation for each of the
first 
    10 years of creditable service, 2 1/2% for each year above 
    10 years to
and including 20 years of creditable service, 
    and 2 3/4% for each year of
creditable service above 20 
    years; and

        (ii) for periods of eligible creditable service as a 
    covered employee:
if retirement occurs on or after January 
    1, 2001, 2.5% of final average
compensation for each year 
    of creditable service; if retirement occurs before
January 
    1, 2001, 1.67% of final average compensation for each of 
    the first
10 years of such service, 1.90% for each of the 
    next 10 years of such service,
2.10% for each year of such 
    service in excess of 20 but not exceeding 30, and
2.30% for 
    each year in excess of 30.

    Such annuity shall be subject to a maximum of 75% of final 
average
compensation if retirement occurs before January 1, 
2001 or to a maximum
of 80% of final average compensation if 
retirement occurs on or after January
1, 2001.

    These rates shall not be applicable to any service 
performed
by a member as a covered employee which is not 
eligible creditable service.
 Service as a covered employee 
which is not eligible creditable service
shall be subject to 
the rates and provisions of Section 14-108.

    (b) For the purpose of this Section, "eligible creditable 
service" means
creditable service resulting from service in 
one or more of the following
positions:

        (1) State policeman;

        (2) fire fighter in the fire protection service of a 
    department;

        (3) air pilot;

        (4) special agent;

        (5) investigator for the Secretary of State;

        (6) conservation police officer;

        (7) investigator for the Department of Revenue or the 
    Illinois Gaming Board;

        (8) security employee of the Department of Human 
    Services;

        (9) Central Management Services security police 
    officer;

        (10) security employee of the Department of 
    Corrections or the Department of Juvenile Justice;

        (11) dangerous drugs investigator;

        (12) investigator for the Illinois State Police;

        (13) investigator for the Office of the Attorney 
    General;

        (14) controlled substance inspector;

        (15) investigator for the Office of the State's 
    Attorneys Appellate
Prosecutor;

        (16) Commerce Commission police officer;

        (17) arson investigator;

        (18) State highway maintenance worker;

        (19) security employee of the Department of Innovation 
    and Technology; or 
        (20) transferred employee. 
    A person employed in one of the positions specified in 
this subsection is
entitled to eligible creditable service for 
service credit earned under this
Article while undergoing the 
basic police training course approved by the
Illinois Law 
Enforcement Training
Standards Board, if
completion of that 
training is required of persons serving in that position.
For 
the purposes of this Code, service during the required basic 
police
training course shall be deemed performance of the 
duties of the specified
position, even though the person is 
not a sworn peace officer at the time of
the training.

    A person under paragraph (20) is entitled to eligible 
creditable service for service credit earned under this 
Article on and after his or her transfer by Executive Order No. 
2003-10, Executive Order No. 2004-2, or Executive Order No. 
2016-1. 
    (c) For the purposes of this Section:

        (1) The term "State policeman" includes any title or 
    position
in the Illinois State Police that is held by an 
    individual employed
under the Illinois State Police Act.

        (2) The term "fire fighter in the fire protection 
    service of a
department" includes all officers in such 
    fire protection service
including fire chiefs and 
    assistant fire chiefs.

        (3) The term "air pilot" includes any employee whose 
    official job
description on file in the Department of 
    Central Management Services, or
in the department by which 
    he is employed if that department is not covered
by the 
    Personnel Code, states that his principal duty is the 
    operation of
aircraft, and who possesses a pilot's 
    license; however, the change in this
definition made by 
    Public Act 83-842 this amendatory Act of 1983 shall not 
    operate to exclude
any noncovered employee who was an "air 
    pilot" for the purposes of this
Section on January 1, 
    1984.

        (4) The term "special agent" means any person who by 
    reason of
employment by the Division of Narcotic Control, 
    the Bureau of Investigation
or, after July 1, 1977, the 
    Division of Criminal Investigation, the
Division of 
    Internal Investigation, the Division of Operations, the 
    Division of Patrol Operations, or any
other Division or 
    organizational
entity in the Illinois State Police is 
    vested by law with duties to
maintain public order, 
    investigate violations of the criminal law of this
State, 
    enforce the laws of this State, make arrests and recover 
    property.
The term "special agent" includes any title or 
    position in the Illinois State Police that is held by an 
    individual employed under the Illinois State
Police Act.

        (5) The term "investigator for the Secretary of State" 
    means any person
employed by the Office of the Secretary 
    of State and vested with such
investigative duties as 
    render him ineligible for coverage under the Social

    Security Act by reason of Sections 218(d)(5)(A), 
    218(d)(8)(D) and 218(l)(1)
of that Act.

        A person who became employed as an investigator for 
    the Secretary of
State between January 1, 1967 and 
    December 31, 1975, and who has served as
such until 
    attainment of age 60, either continuously or with a single 
    break
in service of not more than 3 years duration, which 
    break terminated before
January 1, 1976, shall be entitled 
    to have his retirement annuity
calculated  in accordance 
    with subsection (a), notwithstanding
that he has less than 
    20 years of credit for such service.

        (6) The term "Conservation Police Officer" means any 
    person employed
by the Division of Law Enforcement of the 
    Department of Natural Resources and
vested with such law 
    enforcement duties as render him ineligible for coverage

    under the Social Security Act by reason of Sections 
    218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act.  The 
    term "Conservation Police Officer" includes
the positions 
    of Chief Conservation Police Administrator and Assistant

    Conservation Police Administrator.

        (7) The term "investigator for the Department of 
    Revenue" means any
person employed by the Department of 
    Revenue and vested with such
investigative duties as 
    render him ineligible for coverage under the Social

    Security Act by reason of Sections 218(d)(5)(A), 
    218(d)(8)(D) and 218(l)(1)
of that Act.

        The term "investigator for the Illinois Gaming Board" 
    means any
person employed as such by the Illinois Gaming 
    Board and vested with such
peace officer duties as render 
    the person ineligible for coverage under the Social

    Security Act by reason of Sections 218(d)(5)(A), 
    218(d)(8)(D), and 218(l)(1)
of that Act.

        (8) The term "security employee of the Department of 
    Human Services"
means any person employed by the 
    Department of Human Services who (i) is
employed at the 
    Chester Mental Health Center and has daily contact with 
    the
residents thereof, (ii) is employed within a security 
    unit at a facility
operated by the Department and has 
    daily contact with the residents of the
security unit, 
    (iii) is employed at a facility operated by the Department

    that includes a security unit and is regularly scheduled 
    to work at least
50% of his or her working hours within 
    that security unit, or (iv) is a mental health police 
    officer.
"Mental health police officer" means any person 
    employed by the Department of
Human Services in a position 
    pertaining to the Department's mental health and

    developmental disabilities functions who is vested with 
    such law enforcement
duties as render the person 
    ineligible for coverage under the Social Security
Act by 
    reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
    218(l)(1) of that
Act.  "Security unit" means that portion 
    of a facility that is devoted to
the care, containment, 
    and treatment of persons committed to the Department of

    Human Services as sexually violent persons, persons unfit 
    to stand trial, or
persons not guilty by reason of 
    insanity.  With respect to past employment,
references to 
    the Department of Human Services include its predecessor, 
    the
Department of Mental Health and Developmental 
    Disabilities.

        The changes made to this subdivision (c)(8) by Public 
    Act 92-14 apply to persons who retire on or after January 
    1,
2001, notwithstanding Section 1-103.1.

        (9) "Central Management Services security police 
    officer" means any
person employed by the Department of 
    Central Management Services who is
vested with such law 
    enforcement duties as render him ineligible for
coverage 
    under the Social Security Act by reason of Sections 
    218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.

        (10) For a member who first became an employee under 
    this Article before July 1, 2005, the term "security 
    employee of the Department of Corrections or the 
    Department of Juvenile Justice"
means any employee of the 
    Department of Corrections or the Department of Juvenile 
    Justice or the former
Department of Personnel, and any 
    member or employee of the Prisoner
Review Board, who has 
    daily contact with inmates or youth by working within a

    correctional facility or Juvenile facility operated by the 
    Department of Juvenile Justice or who is a parole officer 
    or an employee who has
direct contact with committed 
    persons in the performance of his or her
job duties. For a 
    member who first becomes an employee under this Article on 
    or after July 1, 2005, the  term means  an employee of the 
    Department of Corrections or the Department of Juvenile 
    Justice who is any of the following: (i) officially 
    headquartered at a correctional facility or Juvenile 
    facility operated by the Department of Juvenile Justice, 
    (ii) a parole officer, (iii) a member of the apprehension 
    unit, (iv) a member of the intelligence unit, (v) a member 
    of the sort team, or (vi) an investigator.

        (11) The term "dangerous drugs investigator" means any 
    person who is
employed as such by the Department of Human 
    Services.

        (12) The term "investigator for the Illinois State 
    Police" means
a person employed by the Illinois State 
    Police who is vested under
Section 4 of the Narcotic 
    Control Division Abolition Act with such
law enforcement 
    powers as render him ineligible for coverage under the

    Social Security Act by reason of Sections 218(d)(5)(A), 
    218(d)(8)(D) and
218(l)(1) of that Act.

        (13) "Investigator for the Office of the Attorney 
    General" means any
person who is employed as such by the 
    Office of the Attorney General and
is vested with such 
    investigative duties as render him ineligible for
coverage 
    under the Social Security Act by reason of Sections 
    218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.  For 
    the period before January 1,
1989, the term includes all 
    persons who were employed as investigators by the
Office 
    of the Attorney General, without regard to social security 
    status.

        (14) "Controlled substance inspector" means any person 
    who is employed
as such by the Department of Professional 
    Regulation and is vested with such
law enforcement duties 
    as render him ineligible for coverage under the Social

    Security Act by reason of Sections 218(d)(5)(A), 
    218(d)(8)(D) and 218(l)(1) of
that Act.  The term 
    "controlled substance inspector" includes the Program

    Executive of Enforcement and the Assistant Program 
    Executive of Enforcement.

        (15) The term "investigator for the Office of the 
    State's Attorneys
Appellate Prosecutor" means a person 
    employed in that capacity on a full-time full
time basis 
    under the authority of Section 7.06 of the State's 
    Attorneys
Appellate Prosecutor's Act.

        (16) "Commerce Commission police officer" means any 
    person employed
by the Illinois Commerce Commission who is 
    vested with such law
enforcement duties as render him 
    ineligible for coverage under the Social
Security Act by 
    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and

    218(l)(1) of that Act.

        (17) "Arson investigator" means any person who is 
    employed as such by
the Office of the State Fire Marshal 
    and is vested with such law enforcement
duties as render 
    the person ineligible for coverage under the Social 
    Security
Act by reason of Sections 218(d)(5)(A), 
    218(d)(8)(D), and 218(l)(1) of that
Act.  A person who was 
    employed as an arson
investigator on January 1, 1995 and 
    is no longer in service but not yet
receiving a retirement 
    annuity may convert his or her creditable service for

    employment as an arson investigator into eligible 
    creditable service by paying
to the System the difference 
    between the employee contributions actually paid
for that 
    service and the amounts that would have been contributed 
    if the
applicant were contributing at the rate applicable 
    to persons with the same
social security status earning 
    eligible creditable service on the date of
application.

        (18) The term "State highway maintenance worker" means 
    a person who is
either of the following:

            (i) A person employed on a full-time basis by the 
        Illinois
Department of Transportation in the position 
        of
highway maintainer,
highway maintenance lead 
        worker,
highway maintenance lead/lead worker,
heavy 
        construction equipment operator,
power shovel 
        operator, or
bridge mechanic; and
whose principal 
        responsibility is to perform, on the roadway, the 
        actual
maintenance necessary to keep the highways that 
        form a part of the State
highway system in serviceable 
        condition for vehicular traffic.

            (ii) A person employed on a full-time basis by the 
        Illinois
State Toll Highway Authority in the position 
        of
equipment operator/laborer H-4,
equipment  
        operator/laborer  H-6,
welder  H-4,
welder  H-6,

        mechanical/electrical H-4,
mechanical/electrical H-6,

        water/sewer H-4,
water/sewer H-6,
sign maker/hanger 
        H-4,
sign maker/hanger H-6,
roadway lighting H-4,

        roadway lighting H-6,
structural H-4,
structural H-6,

        painter H-4, or
painter H-6; and
whose principal 
        responsibility is to perform, on the roadway, the 
        actual
maintenance necessary to keep the Authority's 
        tollways in serviceable condition
for vehicular 
        traffic.

        (19) The term "security employee of the Department of 
    Innovation and Technology" means a person who was  a 
    security employee of the Department of Corrections or the 
    Department of  Juvenile Justice,  was transferred to the 
    Department of Innovation and Technology pursuant to 
    Executive Order 2016-01,  and continues to perform similar 
    job functions under that Department. 
        (20) "Transferred employee" means an employee who was 
    transferred to the Department of Central Management 
    Services by Executive Order No. 2003-10 or Executive Order 
    No. 2004-2 or transferred to the Department of Innovation 
    and Technology by Executive Order No. 2016-1, or both, and 
    was entitled to eligible creditable service for services 
    immediately preceding the transfer. 
    (d) A security employee of the Department of Corrections 
or the Department of Juvenile Justice, a security
employee of 
the Department of Human Services who is not a mental health 
police
officer, and a security employee of the Department of 
Innovation and Technology shall not be eligible for the 
alternative retirement annuity provided
by this Section unless 
he or she meets the following minimum age and service

requirements at the time of retirement:

        (i) 25 years of eligible creditable service and age 
    55; or

        (ii) beginning January 1, 1987, 25 years of eligible 
    creditable service
and age 54, or 24 years of eligible 
    creditable service and age 55; or

        (iii) beginning January 1, 1988, 25 years of eligible 
    creditable service
and age 53, or 23 years of eligible 
    creditable service and age 55; or

        (iv) beginning January 1, 1989, 25 years of eligible 
    creditable service
and age 52, or 22 years of eligible 
    creditable service and age 55; or

        (v) beginning January 1, 1990, 25 years of eligible 
    creditable service
and age 51, or 21 years of eligible 
    creditable service and age 55; or

        (vi) beginning January 1, 1991, 25 years of eligible 
    creditable service
and age 50, or 20 years of eligible 
    creditable service and age 55.

    Persons who have service credit under Article 16 of this 
Code for service
as a security employee of the Department of 
Corrections or the Department of Juvenile Justice, or the 
Department
of Human Services in a position requiring 
certification as a teacher may
count such service toward 
establishing their eligibility under the service
requirements 
of this Section; but such service may be used only for

establishing such eligibility, and not for the purpose of 
increasing or
calculating any benefit.

    (e) If a member enters military service while working in a 
position in
which eligible creditable service may be earned, 
and returns to State
service in the same or another such 
position, and fulfills in all other
respects the conditions 
prescribed in this Article for credit for military
service, 
such military service shall be credited as eligible creditable

service for the purposes of the retirement annuity prescribed 
in this Section.

    (f) For purposes of calculating retirement annuities under 
this
Section, periods of service rendered after December 31, 
1968 and before
October 1, 1975 as a covered employee in the 
position of special agent,
conservation police officer, mental 
health police officer, or investigator
for the Secretary of 
State, shall be deemed to have been service as a
noncovered 
employee, provided that the employee pays to the System prior 
to
retirement an amount equal to (1) the difference between 
the employee
contributions that would have been required for 
such service as a
noncovered employee, and the amount of 
employee contributions actually
paid, plus (2) if payment is 
made after July 31, 1987, regular interest
on the amount 
specified in item (1) from the date of service to the date
of 
payment.

    For purposes of calculating retirement annuities under 
this Section,
periods of service rendered after December 31, 
1968 and before January 1,
1982 as a covered employee in the 
position of investigator for the
Department of Revenue shall 
be deemed to have been service as a noncovered
employee, 
provided that the employee pays to the System prior to 
retirement
an amount equal to (1) the difference between the 
employee contributions
that would have been required for such 
service as a noncovered employee,
and the amount of employee 
contributions actually paid, plus (2) if payment
is made after 
January 1, 1990, regular interest on the amount specified in

item (1) from the date of service to the date of payment.

    (g) A State policeman may elect, not later than January 1, 
1990, to
establish eligible creditable service for up to 10 
years of his service as
a policeman under Article 3, by filing 
a written election with the Board,
accompanied by payment of 
an amount to be determined by the Board, equal to
(i) the 
difference between the amount of employee and employer

contributions transferred to the System under Section 3-110.5, 
and the
amounts that would have been contributed had such 
contributions been made
at the rates applicable to State 
policemen, plus (ii) interest thereon at
the effective rate 
for each year, compounded annually, from the date of
service 
to the date of payment.

    Subject to the limitation in subsection (i), a State 
policeman may elect,
not later than July 1, 1993, to establish 
eligible creditable service for
up to 10 years of his service 
as a member of the County Police Department
under Article 9, by 
filing a written election with the Board, accompanied
by 
payment of an amount to be determined by the Board, equal to 
(i) the
difference between the amount of employee and employer 
contributions
transferred to the System under Section 9-121.10 
and the amounts that would
have been contributed had those 
contributions been made at the rates
applicable to State 
policemen, plus (ii) interest thereon at the effective
rate 
for each year, compounded annually, from the date of service 
to the
date of payment.

    (h) Subject to the limitation in subsection (i), a State 
policeman or
investigator for the Secretary of State may elect 
to establish eligible
creditable service for up to 12 years of 
his service as a policeman under
Article 5, by filing a written 
election with the Board on or before January
31, 1992, and 
paying to the System by January 31, 1994 an amount to be

determined by the Board, equal to (i) the difference between 
the amount of
employee and employer contributions transferred 
to the System under Section
5-236, and the amounts that would 
have been contributed had such
contributions been made at the 
rates applicable to State policemen, plus
(ii) interest 
thereon at the effective rate for each year, compounded

annually, from the date of service to the date of payment.

    Subject to the limitation in subsection (i), a State 
policeman,
conservation police officer, or investigator for 
the Secretary of State may
elect to establish eligible 
creditable service for up to 10 years of
service as a sheriff's 
law enforcement employee under Article 7, by filing
a written 
election with the Board on or before January 31, 1993, and 
paying
to the System by January 31, 1994 an amount to be 
determined by the Board,
equal to (i) the difference between 
the amount of employee and
employer contributions transferred 
to the System under Section
7-139.7, and the amounts that 
would have been contributed had such
contributions been made 
at the rates applicable to State policemen, plus
(ii) interest 
thereon at the effective rate for each year, compounded

annually, from the date of service to the date of payment.

    Subject to the limitation in subsection (i), a State 
policeman,
conservation police officer, or investigator for 
the Secretary of State may
elect to establish eligible 
creditable service for up to 5 years of
service as a police 
officer under Article 3, a policeman under Article 5, a 
sheriff's law enforcement employee under Article 7, a member 
of the county police department under Article 9, or a police 
officer under Article 15 by filing
a written election with the 
Board and paying
to the System an amount to be determined by 
the Board,
equal to (i) the difference between the amount of 
employee and
employer contributions transferred to the System 
under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 
and the amounts that would have been contributed had such

contributions been made at the rates applicable to State 
policemen, plus
(ii) interest thereon at the effective rate 
for each year, compounded
annually, from the date of service 
to the date of payment.
    Subject to the limitation in subsection (i), an 
investigator for the Office of the Attorney General, or an 
investigator for the Department of Revenue, may elect to 
establish eligible creditable service for up to 5 years of 
service as a police officer under Article 3, a policeman under 
Article 5, a sheriff's law enforcement employee under Article 
7, or a member of the county police department under Article 9 
by filing a written election with the Board within 6 months  
after August 25, 2009 (the effective date of Public Act 
96-745) and paying to the System an amount to be determined by 
the Board, equal to (i) the difference between the amount of 
employee and employer contributions transferred to the System 
under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the 
amounts that would have been contributed had such 
contributions been made at the rates applicable to State 
policemen, plus (ii) interest thereon at the actuarially 
assumed rate for each year, compounded annually, from the date 
of service to the date of payment.
    Subject to the limitation in subsection (i), a State 
policeman, conservation police officer, investigator for the 
Office of the Attorney General, an investigator for the 
Department of Revenue, or investigator for the Secretary of 
State may elect to establish eligible creditable service for 
up to 5 years of service as a person employed by a 
participating municipality to perform police duties, or law 
enforcement officer employed on a full-time basis by a forest 
preserve district under Article 7, a county corrections 
officer, or a court services officer under Article 9, by 
filing a written election with the Board within 6 months after 
August 25, 2009 (the effective date of Public Act 96-745)  and 
paying to the System an amount to be determined by the Board, 
equal to (i) the difference between the amount of employee and 
employer contributions transferred to the System under 
Sections 7-139.8 and 9-121.10 and the amounts that would have 
been contributed had such contributions been made at the rates 
applicable to State policemen, plus (ii) interest thereon at 
the actuarially assumed rate for each year, compounded 
annually, from the date of service to the date of payment.
    Subject to the limitation in subsection (i), a State 
policeman, arson
investigator, or Commerce Commission police 
officer may elect to establish eligible creditable service for 
up to 5 years of service as a person employed by a 
participating municipality to perform police duties under 
Article 7,  a county corrections officer, a court services 
officer under Article 9, or a firefighter
under Article 4  by 
filing a written election with the Board within 6 months after 
July 30, 2021 (the effective date of Public Act 102-210) this 
amendatory Act of the 102nd General Assembly and paying to the 
System an amount to be determined by the Board equal to (i) the 
difference between the amount of employee and employer 
contributions transferred to the System under Sections 
4-108.8, 7-139.8, and 9-121.10 and the amounts that would have 
been contributed had such contributions been made at the rates 
applicable to State policemen, plus (ii) interest thereon at 
the actuarially assumed rate for each year, compounded 
annually, from the date of service to the date of payment. 
    Subject to the limitation in subsection (i), a 
conservation police officer may elect to establish eligible 
creditable service for up to 5 years of service as a person 
employed by a participating municipality to perform police 
duties under Article 7,  a county corrections officer, or a 
court services officer under Article 9  by filing a written 
election with the Board within 6 months after July 30, 2021 
(the effective date of Public Act 102-210) this amendatory Act 
of the 102nd General Assembly and paying to the System an 
amount to be determined by the Board equal to (i) the 
difference between the amount of employee and employer 
contributions transferred to the System under Sections 7-139.8 
and 9-121.10 and the amounts that would have been contributed 
had such contributions been made at the rates applicable to 
State policemen, plus (ii) interest thereon at the actuarially 
assumed rate for each year, compounded annually, from the date 
of service to the date of payment. 
    Subject to the limitation in subsection (i), an 
investigator for the Department of Revenue, investigator for 
the Illinois Gaming Board,  investigator for the Secretary of 
State, or arson investigator may elect to establish eligible 
creditable service for up to 5 years of service as a person 
employed by a participating municipality to perform police 
duties under Article 7, a county corrections officer, a court 
services officer under Article 9, or a firefighter under 
Article 4 by filing a written election with the Board within 6 
months after the effective date of this amendatory Act of the 
102nd General Assembly and paying to the System an amount to be 
determined by the Board equal to (i) the difference between 
the amount of employee and employer contributions transferred 
to the System under Sections 4-108.8, 7-139.8, and 9-121.10 
and the amounts that would have been contributed had such 
contributions been made at the rates applicable to State 
policemen, plus (ii) interest thereon at the actuarially 
assumed rate for each year, compounded annually, from the date 
of service to the date of payment. 
    Notwithstanding the limitation in subsection (i), a State 
policeman or conservation police officer may elect to convert 
service credit earned under this Article to eligible 
creditable service, as defined by this Section, by filing a 
written election with the board within 6 months after July 30, 
2021 (the effective date of Public Act 102-210) this 
amendatory Act of the 102nd General Assembly and paying to the 
System an amount to be determined by the Board equal to (i) the 
difference between the amount of employee contributions 
originally paid for that service and the amounts that would 
have been contributed had such contributions been made at the 
rates applicable to State policemen, plus (ii) the difference 
between the employer's normal cost of the credit prior to the 
conversion authorized by Public Act 102-210 this amendatory 
Act of the 102nd General Assembly and the employer's normal 
cost of the credit converted in accordance with Public Act 
102-210 this amendatory Act of the 102nd General Assembly, 
plus (iii) interest thereon at the actuarially assumed rate 
for each year, compounded annually, from the date of service 
to the date of payment. 
    Notwithstanding the limitation in subsection (i), an 
investigator for the Department of Revenue, investigator for 
the Illinois Gaming Board, investigator for the Secretary of 
State, or arson investigator may elect to convert service 
credit earned under this Article to eligible creditable 
service, as defined by this Section, by filing a written 
election with the Board within 6 months after the effective 
date of this amendatory Act of the 102nd General Assembly and 
paying to the System an amount to be determined by the Board 
equal to (i) the difference between the amount of employee 
contributions originally paid for that service and the amounts 
that would have been contributed had such contributions been 
made at the rates applicable to investigators for the 
Department of Revenue, investigators for the Illinois Gaming 
Board, investigators for the Secretary of State, or arson 
investigators, plus (ii) the difference between the employer's 
normal cost of the credit prior to the conversion authorized 
by this amendatory Act of the 102nd General Assembly and the 
employer's normal cost of the credit converted in accordance 
with this amendatory Act of the 102nd General Assembly, plus 
(iii) interest thereon at the actuarially assumed rate for 
each year, compounded annually, from the date of service to 
the date of payment. 
    (i) The total amount of eligible creditable service 
established by any
person under subsections (g), (h), (j), 
(k), (l), (l-5), and (o) of this
Section shall not exceed 12 
years.

    (j) Subject to the limitation in subsection (i), an 
investigator for
the Office of the State's Attorneys Appellate 
Prosecutor or a controlled
substance inspector may elect to

establish eligible creditable service for up to 10 years of 
his service as
a policeman under Article 3 or a sheriff's law 
enforcement employee under
Article 7, by filing a written 
election with the Board, accompanied by
payment of an amount 
to be determined by the Board, equal to (1) the
difference 
between the amount of employee and employer contributions

transferred to the System under Section 3-110.6 or 7-139.8, 
and the amounts
that would have been contributed had such 
contributions been made at the
rates applicable to State 
policemen, plus (2) interest thereon at the
effective rate for 
each year, compounded annually, from the date of service
to 
the date of payment.

    (k) Subject to the limitation in subsection (i) of this 
Section, an
alternative formula employee may elect to 
establish eligible creditable
service for periods spent as a 
full-time law enforcement officer or full-time
corrections 
officer employed by the federal government or by a state or 
local
government located outside of Illinois, for which credit 
is not held in any
other public employee pension fund or 
retirement system.  To obtain this
credit, the applicant must 
file a written application with the Board by March
31, 1998, 
accompanied by evidence of eligibility acceptable to the Board 
and
payment of an amount to be determined by the Board, equal 
to (1) employee
contributions for the credit being 
established, based upon the applicant's
salary on the first 
day as an alternative formula employee after the employment

for which credit is being established and the rates then 
applicable to
alternative formula employees, plus (2) an 
amount determined by the Board
to be the employer's normal 
cost of the benefits accrued for the credit being
established, 
plus (3) regular interest on the amounts in items (1) and (2) 
from
the first day as an alternative formula employee after 
the employment for which
credit is being established to the 
date of payment.

    (l) Subject to the limitation in subsection (i), a 
security employee of
the Department of Corrections may elect, 
not later than July 1, 1998, to
establish eligible creditable 
service for up to 10 years of his or her service
as a policeman 
under Article 3, by filing a written election with the Board,

accompanied by payment of an amount to be determined by the 
Board, equal to
(i) the difference between the amount of 
employee and employer contributions
transferred to the System 
under Section 3-110.5, and the amounts that would
have been 
contributed had such contributions been made at the rates 
applicable
to security employees of the Department of 
Corrections, plus (ii) interest
thereon at the effective rate 
for each year, compounded annually, from the date
of service 
to the date of payment.

    (l-5) Subject to the limitation in subsection (i) of this 
Section, a State policeman may elect to establish eligible 
creditable service for up to 5 years of service as a full-time 
law enforcement officer employed by the federal government or 
by a state or local government located outside of Illinois for 
which credit is not held in any other public employee pension 
fund or retirement system. To obtain this credit, the 
applicant must file a written application with the Board no 
later than 3 years after January 1, 2020 (the effective date of 
Public Act 101-610) this amendatory Act of the 101st General 
Assembly, accompanied by evidence of eligibility acceptable to 
the Board and payment of an amount to be determined by the 
Board, equal to (1) employee contributions for the credit 
being established, based upon the applicant's salary on the 
first day as an alternative formula employee after the 
employment for which credit is being established and the rates 
then applicable to alternative formula employees, plus (2) an 
amount determined by the Board to be the employer's normal 
cost of the benefits accrued for the credit being established, 
plus (3) regular interest on the amounts in items (1) and (2) 
from the first day as an alternative formula employee after 
the employment for which credit is being established to the 
date of payment. 
    (m) The amendatory changes to this Section made by Public 
Act 94-696 this amendatory Act of the 94th General Assembly 
apply only to: (1) security employees of the Department of 
Juvenile Justice employed by the Department of Corrections 
before June 1, 2006 (the effective date of Public Act 94-696) 
this amendatory Act of the 94th General Assembly and 
transferred to the Department of Juvenile Justice by Public 
Act 94-696 this amendatory Act of the 94th General Assembly; 
and (2) persons employed by the Department of Juvenile Justice 
on or after June 1, 2006 (the effective date of Public Act 
94-696) this amendatory Act of the 94th General Assembly who 
are required by subsection (b) of Section 3-2.5-15 of the 
Unified Code of Corrections to have any bachelor's or advanced 
degree from an accredited college or university or, in the 
case of persons who provide vocational training, who are 
required to have adequate knowledge in the skill for which 
they are providing the vocational training.

    (n) A person employed in a position under subsection (b) 
of this Section who has purchased service credit under 
subsection (j) of Section 14-104 or subsection (b) of Section 
14-105 in any other capacity under this Article may convert up 
to 5 years of that service credit into service credit covered 
under this Section by paying to the Fund an amount equal to (1) 
the additional employee contribution required under Section 
14-133, plus (2) the additional employer contribution required 
under Section 14-131, plus (3) interest on items (1) and (2) at 
the actuarially assumed rate from the date of the service to 
the date of payment. 
    (o) Subject to the limitation in subsection (i), a 
conservation police officer, investigator for the Secretary of 
State, Commerce Commission police officer, investigator for 
the Department of Revenue or the

Illinois Gaming Board, or 
arson investigator subject to subsection (g) of Section 1-160 
may elect to convert up to 8 years of service credit 
established before January 1, 2020 (the effective date of 
Public Act 101-610) this amendatory Act of the 101st General 
Assembly as a conservation police officer, investigator for 
the Secretary of State, Commerce Commission police officer, 
investigator for the Department of Revenue or the

Illinois 
Gaming Board, or arson investigator under this Article into 
eligible creditable service by filing a written election with 
the Board no later than one year after January 1, 2020 (the 
effective date of Public Act 101-610) this amendatory Act of 
the 101st General Assembly, accompanied by payment of an 
amount to be determined by the Board equal to (i) the 
difference between the amount of the employee contributions 
actually paid for that service and the amount of the employee 
contributions  that would have been paid had the employee 
contributions been made as a noncovered employee serving in a 
position in which eligible creditable service, as defined in 
this Section, may be earned, plus (ii) interest thereon at the 
effective rate for each year, compounded annually, from the 
date of service to the date of payment.
(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;  
102-538, eff. 8-20-21; revised 10-12-21.)


 
    (40 ILCS 5/14-152.1)
    Sec. 14-152.1. Application and expiration of new benefit 
increases.
    (a) As used in this Section, "new benefit increase" means 
an increase in the amount of any benefit provided under this 
Article, or an expansion of the conditions of  eligibility for 
any benefit under this Article, that results from an amendment 
to this Code that takes effect after June 1, 2005 (the 
effective date of Public Act 94-4). "New benefit increase", 
however, does not include any benefit increase resulting from 
the changes made to Article 1 or this Article by Public Act 
96-37, Public Act 100-23, Public Act 100-587, Public Act 
100-611, Public Act 101-10, Public Act 101-610, Public Act 
102-210, or this amendatory Act of the 102nd General Assembly 
or this amendatory Act of the 102nd General Assembly.

    (b) Notwithstanding any other provision of this Code or 
any subsequent amendment to this Code, every  new benefit 
increase is subject to this Section and shall be deemed to be 
granted only in conformance with and contingent upon 
compliance with the provisions of this Section.

    (c) The Public Act enacting a new benefit increase must 
identify and provide for payment to the System of additional 
funding at least sufficient to fund the resulting annual 
increase in cost to  the System as it accrues.
    Every  new benefit increase is contingent upon the General 
Assembly providing the additional funding required under this 
subsection.   The Commission on Government Forecasting and 
Accountability shall analyze whether adequate additional 
funding has been provided for the new benefit increase and 
shall report its analysis to the Public Pension Division of 
the Department of Insurance. A new benefit increase created by 
a Public Act that does not include the additional funding 
required under this subsection is null and void. If the Public 
Pension Division determines that the additional funding 
provided for a new benefit increase under this subsection is 
or has become inadequate, it may so certify to the Governor and 
the State Comptroller and, in the absence of corrective  action 
by the General Assembly, the new benefit increase shall expire 
at the end of the fiscal year in which the certification is 
made.

    (d) Every  new benefit increase shall expire 5 years after 
its effective date or on such earlier date as may be specified 
in the language enacting the new benefit increase or provided 
under subsection (c).  This does  not prevent the General 
Assembly from extending or re-creating a new benefit increase 
by law.
    (e) Except as otherwise provided in the language creating 
the new benefit increase,  a new benefit increase that expires 
under this Section continues to apply to persons who applied 
and qualified for the affected benefit while the new benefit 
increase  was in effect and to the affected beneficiaries and 
alternate payees of such persons, but does not apply to any 
other person, including, without limitation, a person  who 
continues in service after the expiration date and did not 
apply and qualify for the affected benefit while the new 
benefit increase was in effect.

(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 
101-610, eff. 1-1-20; 102-210, eff. 7-30-21.)
 
    Section 90. The State Mandates Act is amended by adding 
Section 8.46 as follows:
 
    (30 ILCS 805/8.46 new)
    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and 
8 of this Act, no reimbursement by the State is required for 
the implementation of any mandate created by this amendatory 
Act of the 102nd General Assembly.