Bill Amendment: IL HB4660 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PENCD-SERS-ALTERNATIVE FORMULA
Status: 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB4660 Detail]
Download: Illinois-2021-HB4660-House_Amendment_001.html
Bill Title: PENCD-SERS-ALTERNATIVE FORMULA
Status: 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB4660 Detail]
Download: Illinois-2021-HB4660-House_Amendment_001.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4660
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4660 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Pension Code is amended by | ||||||
5 | changing Sections 4-108.8, 7-139.8, 9-121.10, 14-110, and | ||||||
6 | 14-152.1 as follows:
| ||||||
7 | (40 ILCS 5/4-108.8) | ||||||
8 | Sec. 4-108.8. Transfer of creditable service to the State | ||||||
9 | Employees' Retirement System. | ||||||
10 | (a) Any active member of the State Employees' Retirement | ||||||
11 | System who is an arson investigator , investigator for the | ||||||
12 | Department of Revenue, or investigator for the Illinois Gaming | ||||||
13 | Board may apply for transfer of some or all of his or her | ||||||
14 | credits and creditable service accumulated in any | ||||||
15 | firefighters' pension fund under this Article to the State | ||||||
16 | Employees' Retirement System in accordance with Section |
| |||||||
| |||||||
1 | 14-110. The creditable service shall be transferred only upon | ||||||
2 | payment by the firefighters' pension fund to the State | ||||||
3 | Employees' Retirement System of an amount equal to: | ||||||
4 | (1) the amounts accumulated to the credit of the | ||||||
5 | applicant for the service to be transferred on file with | ||||||
6 | the fund on the date of transfer; | ||||||
7 | (2) employer contributions in an amount equal to the | ||||||
8 | amount determined under paragraph (1); and | ||||||
9 | (3) any interest paid by the applicant in order to | ||||||
10 | reinstate service to be transferred. | ||||||
11 | Participation in the firefighters' pension fund with | ||||||
12 | respect to the service to be transferred shall terminate on | ||||||
13 | the date of transfer. | ||||||
14 | (b) Any person applying to transfer service under this | ||||||
15 | Section may reinstate service that was terminated by receipt | ||||||
16 | of a refund, by paying to the firefighters' pension fund the | ||||||
17 | amount of the refund with interest thereon at the actuarially | ||||||
18 | assumed rate of interest, compounded annually, from the date | ||||||
19 | of refund to the date of payment.
| ||||||
20 | (Source: P.A. 102-210, eff. 7-30-21.)
| ||||||
21 | (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
| ||||||
22 | Sec. 7-139.8. Transfer to Article 14 System.
| ||||||
23 | (a) Any active member of the State Employees' Retirement | ||||||
24 | System who is a State policeman, an investigator for the | ||||||
25 | Secretary of State, a conservation police officer, an |
| |||||||
| |||||||
1 | investigator for the Office of the Attorney General, an | ||||||
2 | investigator for the Department of Revenue, an investigator | ||||||
3 | for the Illinois Gaming Board, an arson investigator, a | ||||||
4 | Commerce Commission police officer, an
investigator for the | ||||||
5 | Office of the State's Attorneys Appellate Prosecutor,
or a | ||||||
6 | controlled substance inspector
may apply for transfer of some | ||||||
7 | or all of his or her credits and creditable service
| ||||||
8 | accumulated in this Fund for service as a sheriff's law | ||||||
9 | enforcement
employee, person employed by a participating | ||||||
10 | municipality to perform police duties, or law enforcement | ||||||
11 | officer employed on a full-time basis by a forest preserve | ||||||
12 | district to the State Employees' Retirement System in | ||||||
13 | accordance with
Section 14-110. The creditable service shall | ||||||
14 | be transferred only upon payment
by this Fund to the State | ||||||
15 | Employees' Retirement System of an amount equal to:
| ||||||
16 | (1) the amounts accumulated to the credit of the | ||||||
17 | applicant for the service
to be transferred, including | ||||||
18 | interest; and
| ||||||
19 | (2) municipality credits based on such service, | ||||||
20 | including interest; and
| ||||||
21 | (3) any interest paid by the applicant to reinstate | ||||||
22 | such service.
| ||||||
23 | Participation in this Fund as to any credits transferred under | ||||||
24 | this
Section shall terminate on the date of transfer.
| ||||||
25 | (b) Any person applying to transfer service under this | ||||||
26 | Section may reinstate credits and
creditable service |
| |||||||
| |||||||
1 | terminated upon receipt of a separation benefit, by paying
to | ||||||
2 | the Fund the amount of the separation benefit plus interest | ||||||
3 | thereon at the actuarially assumed rate of interest
to the | ||||||
4 | date of payment.
| ||||||
5 | (Source: P.A. 102-210, eff. 7-30-21.)
| ||||||
6 | (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
| ||||||
7 | Sec. 9-121.10. Transfer to Article 14.
| ||||||
8 | (a) Any active member of the State Employees'
Retirement | ||||||
9 | System who is a State policeman, investigator for the Office | ||||||
10 | of the Attorney General, an investigator for the Department of | ||||||
11 | Revenue, investigator for the Illinois Gaming Board, arson | ||||||
12 | investigator, investigator for the Secretary of State, or | ||||||
13 | conservation police officer may apply for transfer of some
or | ||||||
14 | all of his creditable service as a member of the County Police
| ||||||
15 | Department, a county corrections officer, or a court services | ||||||
16 | officer accumulated under this Article to the State Employees'
| ||||||
17 | Retirement System in accordance with Section 14-110. At the | ||||||
18 | time of the transfer the Fund shall pay to the
State Employees' | ||||||
19 | Retirement System an amount equal to:
| ||||||
20 | (1) the amounts accumulated to the credit of the | ||||||
21 | applicant on the
books of the Fund on the date of transfer | ||||||
22 | for the service to be
transferred; and
| ||||||
23 | (2) the corresponding municipality credits, including | ||||||
24 | interest, on the
books of the Fund on the date of transfer; | ||||||
25 | and
|
| |||||||
| |||||||
1 | (3) any interest paid by the applicant in order to | ||||||
2 | reinstate such service.
| ||||||
3 | Participation in this Fund with respect to the credits | ||||||
4 | transferred shall
terminate on the date of transfer.
| ||||||
5 | (b) Any person applying to transfer service under this | ||||||
6 | Section
may reinstate credit for service as a member of the | ||||||
7 | County Police
Department that was terminated by receipt of a | ||||||
8 | refund, by paying to the
Fund the amount of the refund with | ||||||
9 | interest thereon at the actuarially assumed rate of interest, | ||||||
10 | compounded annually, from the date of refund to the date of | ||||||
11 | payment.
| ||||||
12 | (Source: P.A. 95-530, eff. 8-28-07; 96-745, eff. 8-25-09.)
| ||||||
13 | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| ||||||
14 | Sec. 14-110. Alternative retirement annuity.
| ||||||
15 | (a) Any member who has withdrawn from service with not | ||||||
16 | less than 20
years of eligible creditable service and has | ||||||
17 | attained age 55, and any
member who has withdrawn from service | ||||||
18 | with not less than 25 years of
eligible creditable service and | ||||||
19 | has attained age 50, regardless of whether
the attainment of | ||||||
20 | either of the specified ages occurs while the member is
still | ||||||
21 | in service, shall be entitled to receive at the option of the | ||||||
22 | member,
in lieu of the regular or minimum retirement annuity, | ||||||
23 | a retirement annuity
computed as follows:
| ||||||
24 | (i) for periods of service as a noncovered employee:
| ||||||
25 | if retirement occurs on or after January 1, 2001, 3% of |
| |||||||
| |||||||
1 | final
average compensation for each year of creditable | ||||||
2 | service; if retirement occurs
before January 1, 2001, 2 | ||||||
3 | 1/4% of final average compensation for each of the
first | ||||||
4 | 10 years of creditable service, 2 1/2% for each year above | ||||||
5 | 10 years to
and including 20 years of creditable service, | ||||||
6 | and 2 3/4% for each year of
creditable service above 20 | ||||||
7 | years; and
| ||||||
8 | (ii) for periods of eligible creditable service as a | ||||||
9 | covered employee:
if retirement occurs on or after January | ||||||
10 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
11 | of creditable service; if retirement occurs before
January | ||||||
12 | 1, 2001, 1.67% of final average compensation for each of | ||||||
13 | the first
10 years of such service, 1.90% for each of the | ||||||
14 | next 10 years of such service,
2.10% for each year of such | ||||||
15 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
16 | each year in excess of 30.
| ||||||
17 | Such annuity shall be subject to a maximum of 75% of final | ||||||
18 | average
compensation if retirement occurs before January 1, | ||||||
19 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
20 | retirement occurs on or after January
1, 2001.
| ||||||
21 | These rates shall not be applicable to any service | ||||||
22 | performed
by a member as a covered employee which is not | ||||||
23 | eligible creditable service.
Service as a covered employee | ||||||
24 | which is not eligible creditable service
shall be subject to | ||||||
25 | the rates and provisions of Section 14-108.
| ||||||
26 | (b) For the purpose of this Section, "eligible creditable |
| |||||||
| |||||||
1 | service" means
creditable service resulting from service in | ||||||
2 | one or more of the following
positions:
| ||||||
3 | (1) State policeman;
| ||||||
4 | (2) fire fighter in the fire protection service of a | ||||||
5 | department;
| ||||||
6 | (3) air pilot;
| ||||||
7 | (4) special agent;
| ||||||
8 | (5) investigator for the Secretary of State;
| ||||||
9 | (6) conservation police officer;
| ||||||
10 | (7) investigator for the Department of Revenue or the | ||||||
11 | Illinois Gaming Board;
| ||||||
12 | (8) security employee of the Department of Human | ||||||
13 | Services;
| ||||||
14 | (9) Central Management Services security police | ||||||
15 | officer;
| ||||||
16 | (10) security employee of the Department of | ||||||
17 | Corrections or the Department of Juvenile Justice;
| ||||||
18 | (11) dangerous drugs investigator;
| ||||||
19 | (12) investigator for the Illinois State Police;
| ||||||
20 | (13) investigator for the Office of the Attorney | ||||||
21 | General;
| ||||||
22 | (14) controlled substance inspector;
| ||||||
23 | (15) investigator for the Office of the State's | ||||||
24 | Attorneys Appellate
Prosecutor;
| ||||||
25 | (16) Commerce Commission police officer;
| ||||||
26 | (17) arson investigator;
|
| |||||||
| |||||||
1 | (18) State highway maintenance worker;
| ||||||
2 | (19) security employee of the Department of Innovation | ||||||
3 | and Technology; or | ||||||
4 | (20) transferred employee. | ||||||
5 | A person employed in one of the positions specified in | ||||||
6 | this subsection is
entitled to eligible creditable service for | ||||||
7 | service credit earned under this
Article while undergoing the | ||||||
8 | basic police training course approved by the
Illinois Law | ||||||
9 | Enforcement Training
Standards Board, if
completion of that | ||||||
10 | training is required of persons serving in that position.
For | ||||||
11 | the purposes of this Code, service during the required basic | ||||||
12 | police
training course shall be deemed performance of the | ||||||
13 | duties of the specified
position, even though the person is | ||||||
14 | not a sworn peace officer at the time of
the training.
| ||||||
15 | A person under paragraph (20) is entitled to eligible | ||||||
16 | creditable service for service credit earned under this | ||||||
17 | Article on and after his or her transfer by Executive Order No. | ||||||
18 | 2003-10, Executive Order No. 2004-2, or Executive Order No. | ||||||
19 | 2016-1. | ||||||
20 | (c) For the purposes of this Section:
| ||||||
21 | (1) The term "State policeman" includes any title or | ||||||
22 | position
in the Illinois State Police that is held by an | ||||||
23 | individual employed
under the Illinois State Police Act.
| ||||||
24 | (2) The term "fire fighter in the fire protection | ||||||
25 | service of a
department" includes all officers in such | ||||||
26 | fire protection service
including fire chiefs and |
| |||||||
| |||||||
1 | assistant fire chiefs.
| ||||||
2 | (3) The term "air pilot" includes any employee whose | ||||||
3 | official job
description on file in the Department of | ||||||
4 | Central Management Services, or
in the department by which | ||||||
5 | he is employed if that department is not covered
by the | ||||||
6 | Personnel Code, states that his principal duty is the | ||||||
7 | operation of
aircraft, and who possesses a pilot's | ||||||
8 | license; however, the change in this
definition made by | ||||||
9 | Public Act 83-842 this amendatory Act of 1983 shall not | ||||||
10 | operate to exclude
any noncovered employee who was an "air | ||||||
11 | pilot" for the purposes of this
Section on January 1, | ||||||
12 | 1984.
| ||||||
13 | (4) The term "special agent" means any person who by | ||||||
14 | reason of
employment by the Division of Narcotic Control, | ||||||
15 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
16 | Division of Criminal Investigation, the
Division of | ||||||
17 | Internal Investigation, the Division of Operations, the | ||||||
18 | Division of Patrol Operations, or any
other Division or | ||||||
19 | organizational
entity in the Illinois State Police is | ||||||
20 | vested by law with duties to
maintain public order, | ||||||
21 | investigate violations of the criminal law of this
State, | ||||||
22 | enforce the laws of this State, make arrests and recover | ||||||
23 | property.
The term "special agent" includes any title or | ||||||
24 | position in the Illinois State Police that is held by an | ||||||
25 | individual employed under the Illinois State
Police Act.
| ||||||
26 | (5) The term "investigator for the Secretary of State" |
| |||||||
| |||||||
1 | means any person
employed by the Office of the Secretary | ||||||
2 | of State 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 | A person who became employed as an investigator for | ||||||
7 | the Secretary of
State between January 1, 1967 and | ||||||
8 | December 31, 1975, and who has served as
such until | ||||||
9 | attainment of age 60, either continuously or with a single | ||||||
10 | break
in service of not more than 3 years duration, which | ||||||
11 | break terminated before
January 1, 1976, shall be entitled | ||||||
12 | to have his retirement annuity
calculated in accordance | ||||||
13 | with subsection (a), notwithstanding
that he has less than | ||||||
14 | 20 years of credit for such service.
| ||||||
15 | (6) The term "Conservation Police Officer" means any | ||||||
16 | person employed
by the Division of Law Enforcement of the | ||||||
17 | Department of Natural Resources and
vested with such law | ||||||
18 | enforcement duties as render him ineligible for coverage
| ||||||
19 | under the Social Security Act by reason of Sections | ||||||
20 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
21 | term "Conservation Police Officer" includes
the positions | ||||||
22 | of Chief Conservation Police Administrator and Assistant
| ||||||
23 | Conservation Police Administrator.
| ||||||
24 | (7) The term "investigator for the Department of | ||||||
25 | Revenue" means any
person employed by the Department of | ||||||
26 | Revenue and vested with such
investigative duties as |
| |||||||
| |||||||
1 | render him ineligible for coverage under the Social
| ||||||
2 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
3 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
4 | The term "investigator for the Illinois Gaming Board" | ||||||
5 | means any
person employed as such by the Illinois Gaming | ||||||
6 | Board and vested with such
peace officer duties as render | ||||||
7 | the person ineligible for coverage under the Social
| ||||||
8 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
9 | 218(d)(8)(D), and 218(l)(1)
of that Act.
| ||||||
10 | (8) The term "security employee of the Department of | ||||||
11 | Human Services"
means any person employed by the | ||||||
12 | Department of Human Services who (i) is
employed at the | ||||||
13 | Chester Mental Health Center and has daily contact with | ||||||
14 | the
residents thereof, (ii) is employed within a security | ||||||
15 | unit at a facility
operated by the Department and has | ||||||
16 | daily contact with the residents of the
security unit, | ||||||
17 | (iii) is employed at a facility operated by the Department
| ||||||
18 | that includes a security unit and is regularly scheduled | ||||||
19 | to work at least
50% of his or her working hours within | ||||||
20 | that security unit, or (iv) is a mental health police | ||||||
21 | officer.
"Mental health police officer" means any person | ||||||
22 | employed by the Department of
Human Services in a position | ||||||
23 | pertaining to the Department's mental health and
| ||||||
24 | developmental disabilities functions who is vested with | ||||||
25 | such law enforcement
duties as render the person | ||||||
26 | ineligible for coverage under the Social Security
Act by |
| |||||||
| |||||||
1 | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
2 | 218(l)(1) of that
Act. "Security unit" means that portion | ||||||
3 | of a facility that is devoted to
the care, containment, | ||||||
4 | and treatment of persons committed to the Department of
| ||||||
5 | Human Services as sexually violent persons, persons unfit | ||||||
6 | to stand trial, or
persons not guilty by reason of | ||||||
7 | insanity. With respect to past employment,
references to | ||||||
8 | the Department of Human Services include its predecessor, | ||||||
9 | the
Department of Mental Health and Developmental | ||||||
10 | Disabilities.
| ||||||
11 | The changes made to this subdivision (c)(8) by Public | ||||||
12 | Act 92-14 apply to persons who retire on or after January | ||||||
13 | 1,
2001, notwithstanding Section 1-103.1.
| ||||||
14 | (9) "Central Management Services security police | ||||||
15 | officer" means any
person employed by the Department of | ||||||
16 | Central Management Services who is
vested with such law | ||||||
17 | enforcement duties as render him ineligible for
coverage | ||||||
18 | under the Social Security Act by reason of Sections | ||||||
19 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
20 | (10) For a member who first became an employee under | ||||||
21 | this Article before July 1, 2005, the term "security | ||||||
22 | employee of the Department of Corrections or the | ||||||
23 | Department of Juvenile Justice"
means any employee of the | ||||||
24 | Department of Corrections or the Department of Juvenile | ||||||
25 | Justice or the former
Department of Personnel, and any | ||||||
26 | member or employee of the Prisoner
Review Board, who has |
| |||||||
| |||||||
1 | daily contact with inmates or youth by working within a
| ||||||
2 | correctional facility or Juvenile facility operated by the | ||||||
3 | Department of Juvenile Justice or who is a parole officer | ||||||
4 | or an employee who has
direct contact with committed | ||||||
5 | persons in the performance of his or her
job duties. For a | ||||||
6 | member who first becomes an employee under this Article on | ||||||
7 | or after July 1, 2005, the term means an employee of the | ||||||
8 | Department of Corrections or the Department of Juvenile | ||||||
9 | Justice who is any of the following: (i) officially | ||||||
10 | headquartered at a correctional facility or Juvenile | ||||||
11 | facility operated by the Department of Juvenile Justice, | ||||||
12 | (ii) a parole officer, (iii) a member of the apprehension | ||||||
13 | unit, (iv) a member of the intelligence unit, (v) a member | ||||||
14 | of the sort team, or (vi) an investigator.
| ||||||
15 | (11) The term "dangerous drugs investigator" means any | ||||||
16 | person who is
employed as such by the Department of Human | ||||||
17 | Services.
| ||||||
18 | (12) The term "investigator for the Illinois State | ||||||
19 | Police" means
a person employed by the Illinois State | ||||||
20 | Police who is vested under
Section 4 of the Narcotic | ||||||
21 | Control Division Abolition Act with such
law enforcement | ||||||
22 | powers as render him ineligible for coverage under the
| ||||||
23 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
24 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
25 | (13) "Investigator for the Office of the Attorney | ||||||
26 | General" means any
person who is employed as such by the |
| |||||||
| |||||||
1 | Office of the Attorney General and
is vested with such | ||||||
2 | investigative duties as render him ineligible for
coverage | ||||||
3 | under the Social Security Act by reason of Sections | ||||||
4 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||||||
5 | the period before January 1,
1989, the term includes all | ||||||
6 | persons who were employed as investigators by the
Office | ||||||
7 | of the Attorney General, without regard to social security | ||||||
8 | status.
| ||||||
9 | (14) "Controlled substance inspector" means any person | ||||||
10 | who is employed
as such by the Department of Professional | ||||||
11 | Regulation and is vested with such
law enforcement duties | ||||||
12 | as render him ineligible for coverage under the Social
| ||||||
13 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
14 | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||||||
15 | "controlled substance inspector" includes the Program
| ||||||
16 | Executive of Enforcement and the Assistant Program | ||||||
17 | Executive of Enforcement.
| ||||||
18 | (15) The term "investigator for the Office of the | ||||||
19 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
20 | employed in that capacity on a full-time full
time basis | ||||||
21 | under the authority of Section 7.06 of the State's | ||||||
22 | Attorneys
Appellate Prosecutor's Act.
| ||||||
23 | (16) "Commerce Commission police officer" means any | ||||||
24 | person employed
by the Illinois Commerce Commission who is | ||||||
25 | vested with such law
enforcement duties as render him | ||||||
26 | ineligible for coverage under the Social
Security Act by |
| |||||||
| |||||||
1 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
2 | 218(l)(1) of that Act.
| ||||||
3 | (17) "Arson investigator" means any person who is | ||||||
4 | employed as such by
the Office of the State Fire Marshal | ||||||
5 | and is vested with such law enforcement
duties as render | ||||||
6 | the person ineligible for coverage under the Social | ||||||
7 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
8 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
9 | employed as an arson
investigator on January 1, 1995 and | ||||||
10 | is no longer in service but not yet
receiving a retirement | ||||||
11 | annuity may convert his or her creditable service for
| ||||||
12 | employment as an arson investigator into eligible | ||||||
13 | creditable service by paying
to the System the difference | ||||||
14 | between the employee contributions actually paid
for that | ||||||
15 | service and the amounts that would have been contributed | ||||||
16 | if the
applicant were contributing at the rate applicable | ||||||
17 | to persons with the same
social security status earning | ||||||
18 | eligible creditable service on the date of
application.
| ||||||
19 | (18) The term "State highway maintenance worker" means | ||||||
20 | a person who is
either of the following:
| ||||||
21 | (i) A person employed on a full-time basis by the | ||||||
22 | Illinois
Department of Transportation in the position | ||||||
23 | of
highway maintainer,
highway maintenance lead | ||||||
24 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
25 | construction equipment operator,
power shovel | ||||||
26 | operator, or
bridge mechanic; and
whose principal |
| |||||||
| |||||||
1 | responsibility is to perform, on the roadway, the | ||||||
2 | actual
maintenance necessary to keep the highways that | ||||||
3 | form a part of the State
highway system in serviceable | ||||||
4 | condition for vehicular traffic.
| ||||||
5 | (ii) A person employed on a full-time basis by the | ||||||
6 | Illinois
State Toll Highway Authority in the position | ||||||
7 | of
equipment operator/laborer H-4,
equipment | ||||||
8 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
9 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
10 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
11 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
12 | roadway lighting H-6,
structural H-4,
structural H-6,
| ||||||
13 | painter H-4, or
painter H-6; and
whose principal | ||||||
14 | responsibility is to perform, on the roadway, the | ||||||
15 | actual
maintenance necessary to keep the Authority's | ||||||
16 | tollways in serviceable condition
for vehicular | ||||||
17 | traffic.
| ||||||
18 | (19) The term "security employee of the Department of | ||||||
19 | Innovation and Technology" means a person who was a | ||||||
20 | security employee of the Department of Corrections or the | ||||||
21 | Department of Juvenile Justice, was transferred to the | ||||||
22 | Department of Innovation and Technology pursuant to | ||||||
23 | Executive Order 2016-01, and continues to perform similar | ||||||
24 | job functions under that Department. | ||||||
25 | (20) "Transferred employee" means an employee who was | ||||||
26 | transferred to the Department of Central Management |
| |||||||
| |||||||
1 | Services by Executive Order No. 2003-10 or Executive Order | ||||||
2 | No. 2004-2 or transferred to the Department of Innovation | ||||||
3 | and Technology by Executive Order No. 2016-1, or both, and | ||||||
4 | was entitled to eligible creditable service for services | ||||||
5 | immediately preceding the transfer. | ||||||
6 | (d) A security employee of the Department of Corrections | ||||||
7 | or the Department of Juvenile Justice, a security
employee of | ||||||
8 | the Department of Human Services who is not a mental health | ||||||
9 | police
officer, and a security employee of the Department of | ||||||
10 | Innovation and Technology shall not be eligible for the | ||||||
11 | alternative retirement annuity provided
by this Section unless | ||||||
12 | he or she meets the following minimum age and service
| ||||||
13 | requirements at the time of retirement:
| ||||||
14 | (i) 25 years of eligible creditable service and age | ||||||
15 | 55; or
| ||||||
16 | (ii) beginning January 1, 1987, 25 years of eligible | ||||||
17 | creditable service
and age 54, or 24 years of eligible | ||||||
18 | creditable service and age 55; or
| ||||||
19 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
20 | creditable service
and age 53, or 23 years of eligible | ||||||
21 | creditable service and age 55; or
| ||||||
22 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
23 | creditable service
and age 52, or 22 years of eligible | ||||||
24 | creditable service and age 55; or
| ||||||
25 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
26 | creditable service
and age 51, or 21 years of eligible |
| |||||||
| |||||||
1 | creditable service and age 55; or
| ||||||
2 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
3 | creditable service
and age 50, or 20 years of eligible | ||||||
4 | creditable service and age 55.
| ||||||
5 | Persons who have service credit under Article 16 of this | ||||||
6 | Code for service
as a security employee of the Department of | ||||||
7 | Corrections or the Department of Juvenile Justice, or the | ||||||
8 | Department
of Human Services in a position requiring | ||||||
9 | certification as a teacher may
count such service toward | ||||||
10 | establishing their eligibility under the service
requirements | ||||||
11 | of this Section; but such service may be used only for
| ||||||
12 | establishing such eligibility, and not for the purpose of | ||||||
13 | increasing or
calculating any benefit.
| ||||||
14 | (e) If a member enters military service while working in a | ||||||
15 | position in
which eligible creditable service may be earned, | ||||||
16 | and returns to State
service in the same or another such | ||||||
17 | position, and fulfills in all other
respects the conditions | ||||||
18 | prescribed in this Article for credit for military
service, | ||||||
19 | such military service shall be credited as eligible creditable
| ||||||
20 | service for the purposes of the retirement annuity prescribed | ||||||
21 | in this Section.
| ||||||
22 | (f) For purposes of calculating retirement annuities under | ||||||
23 | this
Section, periods of service rendered after December 31, | ||||||
24 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
25 | position of special agent,
conservation police officer, mental | ||||||
26 | health police officer, or investigator
for the Secretary of |
| |||||||
| |||||||
1 | State, shall be deemed to have been service as a
noncovered | ||||||
2 | employee, provided that the employee pays to the System prior | ||||||
3 | to
retirement an amount equal to (1) the difference between | ||||||
4 | the employee
contributions that would have been required for | ||||||
5 | such service as a
noncovered employee, and the amount of | ||||||
6 | employee contributions actually
paid, plus (2) if payment is | ||||||
7 | made after July 31, 1987, regular interest
on the amount | ||||||
8 | specified in item (1) from the date of service to the date
of | ||||||
9 | payment.
| ||||||
10 | For purposes of calculating retirement annuities under | ||||||
11 | this Section,
periods of service rendered after December 31, | ||||||
12 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
13 | position of investigator for the
Department of Revenue shall | ||||||
14 | be deemed to have been service as a noncovered
employee, | ||||||
15 | provided that the employee pays to the System prior to | ||||||
16 | retirement
an amount equal to (1) the difference between the | ||||||
17 | employee contributions
that would have been required for such | ||||||
18 | service as a noncovered employee,
and the amount of employee | ||||||
19 | contributions actually paid, plus (2) if payment
is made after | ||||||
20 | January 1, 1990, regular interest on the amount specified in
| ||||||
21 | item (1) from the date of service to the date of payment.
| ||||||
22 | (g) A State policeman may elect, not later than January 1, | ||||||
23 | 1990, to
establish eligible creditable service for up to 10 | ||||||
24 | years of his service as
a policeman under Article 3, by filing | ||||||
25 | a written election with the Board,
accompanied by payment of | ||||||
26 | an amount to be determined by the Board, equal to
(i) the |
| |||||||
| |||||||
1 | difference between the amount of employee and employer
| ||||||
2 | contributions transferred to the System under Section 3-110.5, | ||||||
3 | and the
amounts that would have been contributed had such | ||||||
4 | contributions been made
at the rates applicable to State | ||||||
5 | policemen, plus (ii) interest thereon at
the effective rate | ||||||
6 | for each year, compounded annually, from the date of
service | ||||||
7 | to the date of payment.
| ||||||
8 | Subject to the limitation in subsection (i), a State | ||||||
9 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
10 | eligible creditable service for
up to 10 years of his service | ||||||
11 | as a member of the County Police Department
under Article 9, by | ||||||
12 | filing a written election with the Board, accompanied
by | ||||||
13 | payment of an amount to be determined by the Board, equal to | ||||||
14 | (i) the
difference between the amount of employee and employer | ||||||
15 | contributions
transferred to the System under Section 9-121.10 | ||||||
16 | and the amounts that would
have been contributed had those | ||||||
17 | contributions been made at the rates
applicable to State | ||||||
18 | policemen, plus (ii) interest thereon at the effective
rate | ||||||
19 | for each year, compounded annually, from the date of service | ||||||
20 | to the
date of payment.
| ||||||
21 | (h) Subject to the limitation in subsection (i), a State | ||||||
22 | policeman or
investigator for the Secretary of State may elect | ||||||
23 | to establish eligible
creditable service for up to 12 years of | ||||||
24 | his service as a policeman under
Article 5, by filing a written | ||||||
25 | election with the Board on or before January
31, 1992, and | ||||||
26 | paying to the System by January 31, 1994 an amount to be
|
| |||||||
| |||||||
1 | determined by the Board, equal to (i) the difference between | ||||||
2 | the amount of
employee and employer contributions transferred | ||||||
3 | to the System under Section
5-236, and the amounts that would | ||||||
4 | have been contributed had such
contributions been made at the | ||||||
5 | rates applicable to State policemen, plus
(ii) interest | ||||||
6 | thereon at the effective rate for each year, compounded
| ||||||
7 | annually, from the date of service to the date of payment.
| ||||||
8 | Subject to the limitation in subsection (i), a State | ||||||
9 | policeman,
conservation police officer, or investigator for | ||||||
10 | the Secretary of State may
elect to establish eligible | ||||||
11 | creditable service for up to 10 years of
service as a sheriff's | ||||||
12 | law enforcement employee under Article 7, by filing
a written | ||||||
13 | election with the Board on or before January 31, 1993, and | ||||||
14 | paying
to the System by January 31, 1994 an amount to be | ||||||
15 | determined by the Board,
equal to (i) the difference between | ||||||
16 | the amount of employee and
employer contributions transferred | ||||||
17 | to the System under Section
7-139.7, and the amounts that | ||||||
18 | would have been contributed had such
contributions been made | ||||||
19 | at the rates applicable to State policemen, plus
(ii) interest | ||||||
20 | thereon at the effective rate for each year, compounded
| ||||||
21 | annually, from the date of service to the date of payment.
| ||||||
22 | Subject to the limitation in subsection (i), a State | ||||||
23 | policeman,
conservation police officer, or investigator for | ||||||
24 | the Secretary of State may
elect to establish eligible | ||||||
25 | creditable service for up to 5 years of
service as a police | ||||||
26 | officer under Article 3, a policeman under Article 5, a |
| |||||||
| |||||||
1 | sheriff's law enforcement employee under Article 7, a member | ||||||
2 | of the county police department under Article 9, or a police | ||||||
3 | officer under Article 15 by filing
a written election with the | ||||||
4 | Board and paying
to the System an amount to be determined by | ||||||
5 | the Board,
equal to (i) the difference between the amount of | ||||||
6 | employee and
employer contributions transferred to the System | ||||||
7 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
8 | and the amounts that would have been contributed had such
| ||||||
9 | contributions been made at the rates applicable to State | ||||||
10 | policemen, plus
(ii) interest thereon at the effective rate | ||||||
11 | for each year, compounded
annually, from the date of service | ||||||
12 | to the date of payment. | ||||||
13 | Subject to the limitation in subsection (i), an | ||||||
14 | investigator for the Office of the Attorney General, or an | ||||||
15 | investigator for the Department of Revenue, may elect to | ||||||
16 | establish eligible creditable service for up to 5 years of | ||||||
17 | service as a police officer under Article 3, a policeman under | ||||||
18 | Article 5, a sheriff's law enforcement employee under Article | ||||||
19 | 7, or a member of the county police department under Article 9 | ||||||
20 | by filing a written election with the Board within 6 months | ||||||
21 | after August 25, 2009 (the effective date of Public Act | ||||||
22 | 96-745) and paying to the System an amount to be determined by | ||||||
23 | the Board, equal to (i) the difference between the amount of | ||||||
24 | employee and employer contributions transferred to the System | ||||||
25 | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||||||
26 | amounts that would have been contributed had such |
| |||||||
| |||||||
1 | contributions been made at the rates applicable to State | ||||||
2 | policemen, plus (ii) interest thereon at the actuarially | ||||||
3 | assumed rate for each year, compounded annually, from the date | ||||||
4 | of service to the date of payment. | ||||||
5 | Subject to the limitation in subsection (i), a State | ||||||
6 | policeman, conservation police officer, investigator for the | ||||||
7 | Office of the Attorney General, an investigator for the | ||||||
8 | Department of Revenue, or investigator for the Secretary of | ||||||
9 | State may elect to establish eligible creditable service for | ||||||
10 | up to 5 years of service as a person employed by a | ||||||
11 | participating municipality to perform police duties, or law | ||||||
12 | enforcement officer employed on a full-time basis by a forest | ||||||
13 | preserve district under Article 7, a county corrections | ||||||
14 | officer, or a court services officer under Article 9, by | ||||||
15 | filing a written election with the Board within 6 months after | ||||||
16 | August 25, 2009 (the effective date of Public Act 96-745) and | ||||||
17 | paying to the System an amount to be determined by the Board, | ||||||
18 | equal to (i) the difference between the amount of employee and | ||||||
19 | employer contributions transferred to the System under | ||||||
20 | Sections 7-139.8 and 9-121.10 and the amounts that would have | ||||||
21 | been contributed had such contributions been made at the rates | ||||||
22 | applicable to State policemen, plus (ii) interest thereon at | ||||||
23 | the actuarially assumed rate for each year, compounded | ||||||
24 | annually, from the date of service to the date of payment. | ||||||
25 | Subject to the limitation in subsection (i), a State | ||||||
26 | policeman, arson
investigator, or Commerce Commission police |
| |||||||
| |||||||
1 | officer may elect to establish eligible creditable service for | ||||||
2 | up to 5 years of service as a person employed by a | ||||||
3 | participating municipality to perform police duties under | ||||||
4 | Article 7, a county corrections officer, a court services | ||||||
5 | officer under Article 9, or a firefighter
under Article 4 by | ||||||
6 | filing a written election with the Board within 6 months after | ||||||
7 | July 30, 2021 ( the effective date of Public Act 102-210) this | ||||||
8 | amendatory Act of the 102nd General Assembly and paying to the | ||||||
9 | System an amount to be determined by the Board equal to (i) the | ||||||
10 | difference between the amount of employee and employer | ||||||
11 | contributions transferred to the System under Sections | ||||||
12 | 4-108.8, 7-139.8, and 9-121.10 and the amounts that would have | ||||||
13 | been contributed had such contributions been made at the rates | ||||||
14 | applicable to State policemen, plus (ii) interest thereon at | ||||||
15 | the actuarially assumed rate for each year, compounded | ||||||
16 | annually, from the date of service to the date of payment. | ||||||
17 | Subject to the limitation in subsection (i), a | ||||||
18 | conservation police officer may elect to establish eligible | ||||||
19 | creditable service for up to 5 years of service as a person | ||||||
20 | employed by a participating municipality to perform police | ||||||
21 | duties under Article 7, a county corrections officer, or a | ||||||
22 | court services officer under Article 9 by filing a written | ||||||
23 | election with the Board within 6 months after July 30, 2021 | ||||||
24 | ( the effective date of Public Act 102-210) this amendatory Act | ||||||
25 | of the 102nd General Assembly and paying to the System an | ||||||
26 | amount to be determined by the Board equal to (i) the |
| |||||||
| |||||||
1 | difference between the amount of employee and employer | ||||||
2 | contributions transferred to the System under Sections 7-139.8 | ||||||
3 | and 9-121.10 and the amounts that would have been contributed | ||||||
4 | had such contributions been made at the rates applicable to | ||||||
5 | State policemen, plus (ii) interest thereon at the actuarially | ||||||
6 | assumed rate for each year, compounded annually, from the date | ||||||
7 | of service to the date of payment. | ||||||
8 | Subject to the limitation in subsection (i), an | ||||||
9 | investigator for the Department of Revenue, investigator for | ||||||
10 | the Illinois Gaming Board, or arson investigator may elect to | ||||||
11 | establish eligible creditable service for up to 5 years of | ||||||
12 | service as a person employed by a participating municipality | ||||||
13 | to perform police duties under Article 7, a county corrections | ||||||
14 | officer, a court services officer under Article 9, or a | ||||||
15 | firefighter under Article 4 by filing a written election with | ||||||
16 | the Board within 6 months after the effective date of this | ||||||
17 | amendatory Act of the 102nd General Assembly and paying to the | ||||||
18 | System an 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 Sections | ||||||
21 | 4-108.8, 7-139.8, and 9-121.10 and the amounts that would have | ||||||
22 | been contributed had such contributions been made at the rates | ||||||
23 | applicable to investigators for the Department of Revenue, | ||||||
24 | investigators for the Illinois Gaming Board, or arson | ||||||
25 | investigators, plus (ii) interest thereon at the actuarially | ||||||
26 | assumed rate for each year, compounded annually, from the date |
| |||||||
| |||||||
1 | of service to the date of payment. | ||||||
2 | Notwithstanding the limitation in subsection (i), a State | ||||||
3 | policeman or conservation police officer may elect to convert | ||||||
4 | service credit earned under this Article to eligible | ||||||
5 | creditable service, as defined by this Section, by filing a | ||||||
6 | written election with the board within 6 months after July 30, | ||||||
7 | 2021 ( the effective date of Public Act 102-210) this | ||||||
8 | amendatory Act of the 102nd General Assembly and paying to the | ||||||
9 | System an amount to be determined by the Board equal to (i) the | ||||||
10 | difference between the amount of employee contributions | ||||||
11 | originally paid for that service and the amounts that would | ||||||
12 | have been contributed had such contributions been made at the | ||||||
13 | rates applicable to State policemen, plus (ii) the difference | ||||||
14 | between the employer's normal cost of the credit prior to the | ||||||
15 | conversion authorized by Public Act 102-210 this amendatory | ||||||
16 | Act of the 102nd General Assembly and the employer's normal | ||||||
17 | cost of the credit converted in accordance with Public Act | ||||||
18 | 102-210 this amendatory Act of the 102nd General Assembly , | ||||||
19 | plus (iii) interest thereon at the actuarially assumed rate | ||||||
20 | for each year, compounded annually, from the date of service | ||||||
21 | to the date of payment. | ||||||
22 | (i) The total amount of eligible creditable service | ||||||
23 | established by any
person under subsections (g), (h), (j), | ||||||
24 | (k), (l), (l-5), and (o) of this
Section shall not exceed 12 | ||||||
25 | years.
| ||||||
26 | (j) Subject to the limitation in subsection (i), an |
| |||||||
| |||||||
1 | investigator for
the Office of the State's Attorneys Appellate | ||||||
2 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
3 | establish eligible creditable service for up to 10 years of | ||||||
4 | his service as
a policeman under Article 3 or a sheriff's law | ||||||
5 | enforcement employee under
Article 7, by filing a written | ||||||
6 | election with the Board, accompanied by
payment of an amount | ||||||
7 | to be determined by the Board, equal to (1) the
difference | ||||||
8 | between the amount of employee and employer contributions
| ||||||
9 | transferred to the System under Section 3-110.6 or 7-139.8, | ||||||
10 | and the amounts
that would have been contributed had such | ||||||
11 | contributions been made at the
rates applicable to State | ||||||
12 | policemen, plus (2) interest thereon at the
effective rate for | ||||||
13 | each year, compounded annually, from the date of service
to | ||||||
14 | the date of payment.
| ||||||
15 | (k) Subject to the limitation in subsection (i) of this | ||||||
16 | Section, an
alternative formula employee may elect to | ||||||
17 | establish eligible creditable
service for periods spent as a | ||||||
18 | full-time law enforcement officer or full-time
corrections | ||||||
19 | officer employed by the federal government or by a state or | ||||||
20 | local
government located outside of Illinois, for which credit | ||||||
21 | is not held in any
other public employee pension fund or | ||||||
22 | retirement system. To obtain this
credit, the applicant must | ||||||
23 | file a written application with the Board by March
31, 1998, | ||||||
24 | accompanied by evidence of eligibility acceptable to the Board | ||||||
25 | and
payment of an amount to be determined by the Board, equal | ||||||
26 | to (1) employee
contributions for the credit being |
| |||||||
| |||||||
1 | established, based upon the applicant's
salary on the first | ||||||
2 | day as an alternative formula employee after the employment
| ||||||
3 | for which credit is being established and the rates then | ||||||
4 | applicable to
alternative formula employees, plus (2) an | ||||||
5 | amount determined by the Board
to be the employer's normal | ||||||
6 | cost of the benefits accrued for the credit being
established, | ||||||
7 | plus (3) regular interest on the amounts in items (1) and (2) | ||||||
8 | from
the first day as an alternative formula employee after | ||||||
9 | the employment for which
credit is being established to the | ||||||
10 | date of payment.
| ||||||
11 | (l) Subject to the limitation in subsection (i), a | ||||||
12 | security employee of
the Department of Corrections may elect, | ||||||
13 | not later than July 1, 1998, to
establish eligible creditable | ||||||
14 | service for up to 10 years of his or her service
as a policeman | ||||||
15 | under Article 3, by filing a written election with the Board,
| ||||||
16 | accompanied by payment of an amount to be determined by the | ||||||
17 | Board, equal to
(i) the difference between the amount of | ||||||
18 | employee and employer contributions
transferred to the System | ||||||
19 | under Section 3-110.5, and the amounts that would
have been | ||||||
20 | contributed had such contributions been made at the rates | ||||||
21 | applicable
to security employees of the Department of | ||||||
22 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
23 | for each year, compounded annually, from the date
of service | ||||||
24 | to the date of payment.
| ||||||
25 | (l-5) Subject to the limitation in subsection (i) of this | ||||||
26 | Section, a State policeman may elect to establish eligible |
| |||||||
| |||||||
1 | creditable service for up to 5 years of service as a full-time | ||||||
2 | law enforcement officer employed by the federal government or | ||||||
3 | by a state or local government located outside of Illinois for | ||||||
4 | which credit is not held in any other public employee pension | ||||||
5 | fund or retirement system. To obtain this credit, the | ||||||
6 | applicant must file a written application with the Board no | ||||||
7 | later than 3 years after January 1, 2020 ( the effective date of | ||||||
8 | Public Act 101-610) this amendatory Act of the 101st General | ||||||
9 | Assembly , accompanied by evidence of eligibility acceptable to | ||||||
10 | the Board and payment of an amount to be determined by the | ||||||
11 | Board, equal to (1) employee contributions for the credit | ||||||
12 | being established, based upon the applicant's salary on the | ||||||
13 | first day as an alternative formula employee after the | ||||||
14 | employment for which credit is being established and the rates | ||||||
15 | then applicable to alternative formula employees, plus (2) an | ||||||
16 | amount determined by the Board to be the employer's normal | ||||||
17 | cost of the benefits accrued for the credit being established, | ||||||
18 | plus (3) regular interest on the amounts in items (1) and (2) | ||||||
19 | from the first day as an alternative formula employee after | ||||||
20 | the employment for which credit is being established to the | ||||||
21 | date of payment. | ||||||
22 | (m) The amendatory changes to this Section made by Public | ||||||
23 | Act 94-696 this amendatory Act of the 94th General Assembly | ||||||
24 | apply only to: (1) security employees of the Department of | ||||||
25 | Juvenile Justice employed by the Department of Corrections | ||||||
26 | before June 1, 2006 ( the effective date of Public Act 94-696) |
| |||||||
| |||||||
1 | this amendatory Act of the 94th General Assembly and | ||||||
2 | transferred to the Department of Juvenile Justice by Public | ||||||
3 | Act 94-696 this amendatory Act of the 94th General Assembly ; | ||||||
4 | and (2) persons employed by the Department of Juvenile Justice | ||||||
5 | on or after June 1, 2006 ( the effective date of Public Act | ||||||
6 | 94-696) this amendatory Act of the 94th General Assembly who | ||||||
7 | are required by subsection (b) of Section 3-2.5-15 of the | ||||||
8 | Unified Code of Corrections to have any bachelor's or advanced | ||||||
9 | degree from an accredited college or university or, in the | ||||||
10 | case of persons who provide vocational training, who are | ||||||
11 | required to have adequate knowledge in the skill for which | ||||||
12 | they are providing the vocational training.
| ||||||
13 | (n) A person employed in a position under subsection (b) | ||||||
14 | of this Section who has purchased service credit under | ||||||
15 | subsection (j) of Section 14-104 or subsection (b) of Section | ||||||
16 | 14-105 in any other capacity under this Article may convert up | ||||||
17 | to 5 years of that service credit into service credit covered | ||||||
18 | under this Section by paying to the Fund an amount equal to (1) | ||||||
19 | the additional employee contribution required under Section | ||||||
20 | 14-133, plus (2) the additional employer contribution required | ||||||
21 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
22 | the actuarially assumed rate from the date of the service to | ||||||
23 | the date of payment. | ||||||
24 | (o) Subject to the limitation in subsection (i), a | ||||||
25 | conservation police officer, investigator for the Secretary of | ||||||
26 | State, Commerce Commission police officer, investigator for |
| |||||||
| |||||||
1 | the Department of Revenue or the
Illinois Gaming Board, or | ||||||
2 | arson investigator subject to subsection (g) of Section 1-160 | ||||||
3 | may elect to convert up to 8 years of service credit | ||||||
4 | established before January 1, 2020 ( the effective date of | ||||||
5 | Public Act 101-610) this amendatory Act of the 101st General | ||||||
6 | Assembly as a conservation police officer, investigator for | ||||||
7 | the Secretary of State, Commerce Commission police officer, | ||||||
8 | investigator for the Department of Revenue or the
Illinois | ||||||
9 | Gaming Board, or arson investigator under this Article into | ||||||
10 | eligible creditable service by filing a written election with | ||||||
11 | the Board no later than one year after January 1, 2020 ( the | ||||||
12 | effective date of Public Act 101-610) this amendatory Act of | ||||||
13 | the 101st General Assembly , accompanied by payment of an | ||||||
14 | amount to be determined by the Board equal to (i) the | ||||||
15 | difference between the amount of the employee contributions | ||||||
16 | actually paid for that service and the amount of the employee | ||||||
17 | contributions that would have been paid had the employee | ||||||
18 | contributions been made as a noncovered employee serving in a | ||||||
19 | position in which eligible creditable service, as defined in | ||||||
20 | this Section, may be earned, plus (ii) interest thereon at the | ||||||
21 | effective rate for each year, compounded annually, from the | ||||||
22 | date of service to the date of payment. | ||||||
23 | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; | ||||||
24 | 102-538, eff. 8-20-21; revised 10-12-21.)
| ||||||
25 | (40 ILCS 5/14-152.1) |
| |||||||
| |||||||
1 | Sec. 14-152.1. Application and expiration of new benefit | ||||||
2 | increases. | ||||||
3 | (a) As used in this Section, "new benefit increase" means | ||||||
4 | an increase in the amount of any benefit provided under this | ||||||
5 | Article, or an expansion of the conditions of eligibility for | ||||||
6 | any benefit under this Article, that results from an amendment | ||||||
7 | to this Code that takes effect after June 1, 2005 (the | ||||||
8 | effective date of Public Act 94-4). "New benefit increase", | ||||||
9 | however, does not include any benefit increase resulting from | ||||||
10 | the changes made to Article 1 or this Article by Public Act | ||||||
11 | 96-37, Public Act 100-23, Public Act 100-587, Public Act | ||||||
12 | 100-611, Public Act 101-10, Public Act 101-610, Public Act | ||||||
13 | 102-210, or this amendatory Act of the 102nd General Assembly | ||||||
14 | or this amendatory Act of the 102nd General Assembly .
| ||||||
15 | (b) Notwithstanding any other provision of this Code or | ||||||
16 | any subsequent amendment to this Code, every new benefit | ||||||
17 | increase is subject to this Section and shall be deemed to be | ||||||
18 | granted only in conformance with and contingent upon | ||||||
19 | compliance with the provisions of this Section.
| ||||||
20 | (c) The Public Act enacting a new benefit increase must | ||||||
21 | identify and provide for payment to the System of additional | ||||||
22 | funding at least sufficient to fund the resulting annual | ||||||
23 | increase in cost to the System as it accrues. | ||||||
24 | Every new benefit increase is contingent upon the General | ||||||
25 | Assembly providing the additional funding required under this | ||||||
26 | subsection. The Commission on Government Forecasting and |
| |||||||
| |||||||
1 | Accountability shall analyze whether adequate additional | ||||||
2 | funding has been provided for the new benefit increase and | ||||||
3 | shall report its analysis to the Public Pension Division of | ||||||
4 | the Department of Insurance. A new benefit increase created by | ||||||
5 | a Public Act that does not include the additional funding | ||||||
6 | required under this subsection is null and void. If the Public | ||||||
7 | Pension Division determines that the additional funding | ||||||
8 | provided for a new benefit increase under this subsection is | ||||||
9 | or has become inadequate, it may so certify to the Governor and | ||||||
10 | the State Comptroller and, in the absence of corrective action | ||||||
11 | by the General Assembly, the new benefit increase shall expire | ||||||
12 | at the end of the fiscal year in which the certification is | ||||||
13 | made.
| ||||||
14 | (d) Every new benefit increase shall expire 5 years after | ||||||
15 | its effective date or on such earlier date as may be specified | ||||||
16 | in the language enacting the new benefit increase or provided | ||||||
17 | under subsection (c). This does not prevent the General | ||||||
18 | Assembly from extending or re-creating a new benefit increase | ||||||
19 | by law. | ||||||
20 | (e) Except as otherwise provided in the language creating | ||||||
21 | the new benefit increase, a new benefit increase that expires | ||||||
22 | under this Section continues to apply to persons who applied | ||||||
23 | and qualified for the affected benefit while the new benefit | ||||||
24 | increase was in effect and to the affected beneficiaries and | ||||||
25 | alternate payees of such persons, but does not apply to any | ||||||
26 | other person, including, without limitation, a person who |
| |||||||
| |||||||
1 | continues in service after the expiration date and did not | ||||||
2 | apply and qualify for the affected benefit while the new | ||||||
3 | benefit increase was in effect.
| ||||||
4 | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; | ||||||
5 | 101-610, eff. 1-1-20; 102-210, eff. 7-30-21.)
| ||||||
6 | Section 90. The State Mandates Act is amended by adding | ||||||
7 | Section 8.46 as follows:
| ||||||
8 | (30 ILCS 805/8.46 new) | ||||||
9 | Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and | ||||||
10 | 8 of this Act, no reimbursement by the State is required for | ||||||
11 | the implementation of any mandate created by this amendatory | ||||||
12 | Act of the 102nd General Assembly. ".
|