Bill Text: IL HB2412 | 2023-2024 | 103rd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill with the following changes. Further amends the Gun Trafficking Information Act. Provides that the Illinois State Police shall use all reasonable efforts in making publicly available key information related to firearms used in the commission of crimes in the State (removing a requirement that the crimes are reported to and are investigated by the Illinois State Police). Further amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall implement specified protective service functions. Provides that the Office of the Director of the Illinois State Police shall oversee the Executive Protection Unit. Changes the Division of Patrol Operations to the Division of Patrol, and makes conforming changes in the Illinois State Police Law, the State Finance Act, and the Illinois Pension Code. Provides that the Division of Forensic Services shall establish forensic laboratories (rather than forensic toxicological laboratories) in specified locations. Provides that the Division of Justice Service shall share all necessary information with the Concealed Carry Licensing Review Board and the Firearms Owner's Identification Card Review Board necessary for the execution of their duties (rather than liaise with the Concealed Carry Licensing Review Board and the Firearms Owner's Identification Card Review Board). Provides that the successful completion of the Illinois State Police Academy meets all law enforcement certification requirements for the State of Illinois and that satisfactory completion shall be evidenced by a commission or certificate issued to the officer. Adds one member who is a medical examiner or coroner to the Illinois Forensic Science Commission. Makes other changes. Further amends the State Finance Act. In provisions relating to the State Police Revocation Enforcement Fund, provides that any surplus in the Fund beyond what is necessary to ensure compliance with the provisions or moneys that are specifically appropriated for the purposes stated in the provisions shall be used by the Illinois State Police to award grants to assist with the data reporting requirements of the Gun Trafficking Information Act. Amends the Intergovernmental Drug Laws Enforcement Act. Provides that a Metropolitan Enforcement Group eligible to receive State grants to help defray the costs of operation may enforce provisions of the Firearm Owners Identification Card Act relating to revocation of a Firearm Owner's Identification Card. Effective immediately, except that some provisions take effect January 1, 2024.
Spectrum: Slight Partisan Bill (Democrat 25-13)
Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0034 [HB2412 Detail]
Download: Illinois-2023-HB2412-Enrolled.html
Bill Title: Reinserts the provisions of the engrossed bill with the following changes. Further amends the Gun Trafficking Information Act. Provides that the Illinois State Police shall use all reasonable efforts in making publicly available key information related to firearms used in the commission of crimes in the State (removing a requirement that the crimes are reported to and are investigated by the Illinois State Police). Further amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall implement specified protective service functions. Provides that the Office of the Director of the Illinois State Police shall oversee the Executive Protection Unit. Changes the Division of Patrol Operations to the Division of Patrol, and makes conforming changes in the Illinois State Police Law, the State Finance Act, and the Illinois Pension Code. Provides that the Division of Forensic Services shall establish forensic laboratories (rather than forensic toxicological laboratories) in specified locations. Provides that the Division of Justice Service shall share all necessary information with the Concealed Carry Licensing Review Board and the Firearms Owner's Identification Card Review Board necessary for the execution of their duties (rather than liaise with the Concealed Carry Licensing Review Board and the Firearms Owner's Identification Card Review Board). Provides that the successful completion of the Illinois State Police Academy meets all law enforcement certification requirements for the State of Illinois and that satisfactory completion shall be evidenced by a commission or certificate issued to the officer. Adds one member who is a medical examiner or coroner to the Illinois Forensic Science Commission. Makes other changes. Further amends the State Finance Act. In provisions relating to the State Police Revocation Enforcement Fund, provides that any surplus in the Fund beyond what is necessary to ensure compliance with the provisions or moneys that are specifically appropriated for the purposes stated in the provisions shall be used by the Illinois State Police to award grants to assist with the data reporting requirements of the Gun Trafficking Information Act. Amends the Intergovernmental Drug Laws Enforcement Act. Provides that a Metropolitan Enforcement Group eligible to receive State grants to help defray the costs of operation may enforce provisions of the Firearm Owners Identification Card Act relating to revocation of a Firearm Owner's Identification Card. Effective immediately, except that some provisions take effect January 1, 2024.
Spectrum: Slight Partisan Bill (Democrat 25-13)
Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0034 [HB2412 Detail]
Download: Illinois-2023-HB2412-Enrolled.html
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1 | AN ACT concerning the Illinois State Police.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 3. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7.5 as follows:
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6 | (5 ILCS 140/7.5)
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7 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
8 | by the statutes referenced below, the following shall be | ||||||
9 | exempt from inspection and copying: | ||||||
10 | (a) All information determined to be confidential | ||||||
11 | under Section 4002 of the Technology Advancement and | ||||||
12 | Development Act. | ||||||
13 | (b) Library circulation and order records identifying | ||||||
14 | library users with specific materials under the Library | ||||||
15 | Records Confidentiality Act. | ||||||
16 | (c) Applications, related documents, and medical | ||||||
17 | records received by the Experimental Organ Transplantation | ||||||
18 | Procedures Board and any and all documents or other | ||||||
19 | records prepared by the Experimental Organ Transplantation | ||||||
20 | Procedures Board or its staff relating to applications it | ||||||
21 | has received. | ||||||
22 | (d) Information and records held by the Department of | ||||||
23 | Public Health and its authorized representatives relating |
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1 | to known or suspected cases of sexually transmissible | ||||||
2 | disease or any information the disclosure of which is | ||||||
3 | restricted under the Illinois Sexually Transmissible | ||||||
4 | Disease Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted | ||||||
6 | under Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of | ||||||
8 | the Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 50 of the Illinois Prepaid | ||||||
12 | Tuition Act. | ||||||
13 | (h) Information the disclosure of which is exempted | ||||||
14 | under the State Officials and Employees Ethics Act, and | ||||||
15 | records of any lawfully created State or local inspector | ||||||
16 | general's office that would be exempt if created or | ||||||
17 | obtained by an Executive Inspector General's office under | ||||||
18 | that Act. | ||||||
19 | (i) Information contained in a local emergency energy | ||||||
20 | plan submitted to a municipality in accordance with a | ||||||
21 | local emergency energy plan ordinance that is adopted | ||||||
22 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution | ||||||
24 | of surcharge moneys collected and remitted by carriers | ||||||
25 | under the Emergency Telephone System Act. | ||||||
26 | (k) Law enforcement officer identification information |
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1 | or driver identification information compiled by a law | ||||||
2 | enforcement agency or the Department of Transportation | ||||||
3 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
4 | (l) Records and information provided to a residential | ||||||
5 | health care facility resident sexual assault and death | ||||||
6 | review team or the Executive Council under the Abuse | ||||||
7 | Prevention Review Team Act. | ||||||
8 | (m) Information provided to the predatory lending | ||||||
9 | database created pursuant to Article 3 of the Residential | ||||||
10 | Real Property Disclosure Act, except to the extent | ||||||
11 | authorized under that Article. | ||||||
12 | (n) Defense budgets and petitions for certification of | ||||||
13 | compensation and expenses for court appointed trial | ||||||
14 | counsel as provided under Sections 10 and 15 of the | ||||||
15 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
16 | apply until the conclusion of the trial of the case, even | ||||||
17 | if the prosecution chooses not to pursue the death penalty | ||||||
18 | prior to trial or sentencing. | ||||||
19 | (o) Information that is prohibited from being | ||||||
20 | disclosed under Section 4 of the Illinois Health and | ||||||
21 | Hazardous Substances Registry Act. | ||||||
22 | (p) Security portions of system safety program plans, | ||||||
23 | investigation reports, surveys, schedules, lists, data, or | ||||||
24 | information compiled, collected, or prepared by or for the | ||||||
25 | Department of Transportation under Sections 2705-300 and | ||||||
26 | 2705-616 of the Department of Transportation Law of the |
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1 | Civil Administrative Code of Illinois, the Regional | ||||||
2 | Transportation Authority under Section 2.11 of the | ||||||
3 | Regional Transportation Authority Act, or the St. Clair | ||||||
4 | County Transit District under the Bi-State Transit Safety | ||||||
5 | Act. | ||||||
6 | (q) Information prohibited from being disclosed by the | ||||||
7 | Personnel Record Review Act. | ||||||
8 | (r) Information prohibited from being disclosed by the | ||||||
9 | Illinois School Student Records Act. | ||||||
10 | (s) Information the disclosure of which is restricted | ||||||
11 | under Section 5-108 of the Public Utilities Act.
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12 | (t) All identified or deidentified health information | ||||||
13 | in the form of health data or medical records contained | ||||||
14 | in, stored in, submitted to, transferred by, or released | ||||||
15 | from the Illinois Health Information Exchange, and | ||||||
16 | identified or deidentified health information in the form | ||||||
17 | of health data and medical records of the Illinois Health | ||||||
18 | Information Exchange in the possession of the Illinois | ||||||
19 | Health Information Exchange Office due to its | ||||||
20 | administration of the Illinois Health Information | ||||||
21 | Exchange. The terms "identified" and "deidentified" shall | ||||||
22 | be given the same meaning as in the Health Insurance | ||||||
23 | Portability and Accountability Act of 1996, Public Law | ||||||
24 | 104-191, or any subsequent amendments thereto, and any | ||||||
25 | regulations promulgated thereunder. | ||||||
26 | (u) Records and information provided to an independent |
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1 | team of experts under the Developmental Disability and | ||||||
2 | Mental Health Safety Act (also known as Brian's Law). | ||||||
3 | (v) Names and information of people who have applied | ||||||
4 | for or received Firearm Owner's Identification Cards under | ||||||
5 | the Firearm Owners Identification Card Act or applied for | ||||||
6 | or received a concealed carry license under the Firearm | ||||||
7 | Concealed Carry Act, unless otherwise authorized by the | ||||||
8 | Firearm Concealed Carry Act; and databases under the | ||||||
9 | Firearm Concealed Carry Act, records of the Concealed | ||||||
10 | Carry Licensing Review Board under the Firearm Concealed | ||||||
11 | Carry Act, and law enforcement agency objections under the | ||||||
12 | Firearm Concealed Carry Act. | ||||||
13 | (v-5) Records of the Firearm Owner's Identification | ||||||
14 | Card Review Board that are exempted from disclosure under | ||||||
15 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
16 | (w) Personally identifiable information which is | ||||||
17 | exempted from disclosure under subsection (g) of Section | ||||||
18 | 19.1 of the Toll Highway Act. | ||||||
19 | (x) Information which is exempted from disclosure | ||||||
20 | under Section 5-1014.3 of the Counties Code or Section | ||||||
21 | 8-11-21 of the Illinois Municipal Code. | ||||||
22 | (y) Confidential information under the Adult | ||||||
23 | Protective Services Act and its predecessor enabling | ||||||
24 | statute, the Elder Abuse and Neglect Act, including | ||||||
25 | information about the identity and administrative finding | ||||||
26 | against any caregiver of a verified and substantiated |
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1 | decision of abuse, neglect, or financial exploitation of | ||||||
2 | an eligible adult maintained in the Registry established | ||||||
3 | under Section 7.5 of the Adult Protective Services Act. | ||||||
4 | (z) Records and information provided to a fatality | ||||||
5 | review team or the Illinois Fatality Review Team Advisory | ||||||
6 | Council under Section 15 of the Adult Protective Services | ||||||
7 | Act. | ||||||
8 | (aa) Information which is exempted from disclosure | ||||||
9 | under Section 2.37 of the Wildlife Code. | ||||||
10 | (bb) Information which is or was prohibited from | ||||||
11 | disclosure by the Juvenile Court Act of 1987. | ||||||
12 | (cc) Recordings made under the Law Enforcement | ||||||
13 | Officer-Worn Body Camera Act, except to the extent | ||||||
14 | authorized under that Act. | ||||||
15 | (dd) Information that is prohibited from being | ||||||
16 | disclosed under Section 45 of the Condominium and Common | ||||||
17 | Interest Community Ombudsperson Act. | ||||||
18 | (ee) Information that is exempted from disclosure | ||||||
19 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
20 | (ff) Information that is exempted from disclosure | ||||||
21 | under the Revised Uniform Unclaimed Property Act. | ||||||
22 | (gg) Information that is prohibited from being | ||||||
23 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
24 | Code. | ||||||
25 | (hh) Records that are exempt from disclosure under | ||||||
26 | Section 1A-16.7 of the Election Code. |
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1 | (ii) Information which is exempted from disclosure | ||||||
2 | under Section 2505-800 of the Department of Revenue Law of | ||||||
3 | the Civil Administrative Code of Illinois. | ||||||
4 | (jj) Information and reports that are required to be | ||||||
5 | submitted to the Department of Labor by registering day | ||||||
6 | and temporary labor service agencies but are exempt from | ||||||
7 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
8 | and Temporary Labor Services Act. | ||||||
9 | (kk) Information prohibited from disclosure under the | ||||||
10 | Seizure and Forfeiture Reporting Act. | ||||||
11 | (ll) Information the disclosure of which is restricted | ||||||
12 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
13 | Aid Code. | ||||||
14 | (mm) Records that are exempt from disclosure under | ||||||
15 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
16 | (nn) Information that is exempt from disclosure under | ||||||
17 | Section 70 of the Higher Education Student Assistance Act. | ||||||
18 | (oo) Communications, notes, records, and reports | ||||||
19 | arising out of a peer support counseling session | ||||||
20 | prohibited from disclosure under the First Responders | ||||||
21 | Suicide Prevention Act. | ||||||
22 | (pp) Names and all identifying information relating to | ||||||
23 | an employee of an emergency services provider or law | ||||||
24 | enforcement agency under the First Responders Suicide | ||||||
25 | Prevention Act. | ||||||
26 | (qq) Information and records held by the Department of |
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1 | Public Health and its authorized representatives collected | ||||||
2 | under the Reproductive Health Act. | ||||||
3 | (rr) Information that is exempt from disclosure under | ||||||
4 | the Cannabis Regulation and Tax Act. | ||||||
5 | (ss) Data reported by an employer to the Department of | ||||||
6 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
7 | Human Rights Act. | ||||||
8 | (tt) Recordings made under the Children's Advocacy | ||||||
9 | Center Act, except to the extent authorized under that | ||||||
10 | Act. | ||||||
11 | (uu) Information that is exempt from disclosure under | ||||||
12 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
13 | (vv) Information that is exempt from disclosure under | ||||||
14 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
15 | Public Aid Code. | ||||||
16 | (ww) Information that is exempt from disclosure under | ||||||
17 | Section 16.8 of the State Treasurer Act. | ||||||
18 | (xx) Information that is exempt from disclosure or | ||||||
19 | information that shall not be made public under the | ||||||
20 | Illinois Insurance Code. | ||||||
21 | (yy) Information prohibited from being disclosed under | ||||||
22 | the Illinois Educational Labor Relations Act. | ||||||
23 | (zz) Information prohibited from being disclosed under | ||||||
24 | the Illinois Public Labor Relations Act. | ||||||
25 | (aaa) Information prohibited from being disclosed | ||||||
26 | under Section 1-167 of the Illinois Pension Code. |
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1 | (bbb) Information that is prohibited from disclosure | ||||||
2 | by the Illinois Police Training Act and the Illinois State | ||||||
3 | Police Act. | ||||||
4 | (ccc) Records exempt from disclosure under Section
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5 | 2605-304 of the Illinois State Police Law of the Civil
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6 | Administrative Code of Illinois. | ||||||
7 | (ddd) Information prohibited from being disclosed | ||||||
8 | under Section 35 of the Address Confidentiality for | ||||||
9 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
10 | Trafficking, or Stalking Act. | ||||||
11 | (eee) Information prohibited from being disclosed | ||||||
12 | under subsection (b) of Section 75 of the Domestic | ||||||
13 | Violence Fatality Review Act. | ||||||
14 | (fff) Images from cameras under the Expressway Camera | ||||||
15 | Act. This subsection (fff) is inoperative on and after | ||||||
16 | July 1, 2025 2023 . | ||||||
17 | (ggg) Information prohibited from disclosure under | ||||||
18 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
19 | Agency Licensing Act. | ||||||
20 | (hhh) Information submitted to the Illinois Department | ||||||
21 | of State Police in an affidavit or application for an | ||||||
22 | assault weapon endorsement, assault weapon attachment | ||||||
23 | endorsement, .50 caliber rifle endorsement, or .50 caliber | ||||||
24 | cartridge endorsement under the Firearm Owners | ||||||
25 | Identification Card Act. | ||||||
26 | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; |
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1 | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | ||||||
2 | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||||||
3 | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | ||||||
4 | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||||||
5 | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||||||
6 | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
7 | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. | ||||||
8 | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised | ||||||
9 | 2-13-23.)
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10 | Section 5. The Gun Trafficking Information Act is amended | ||||||
11 | by changing Section 10-5 as follows:
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12 | (5 ILCS 830/10-5)
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13 | Sec. 10-5. Gun trafficking information.
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14 | (a) The Illinois State Police shall use all reasonable | ||||||
15 | efforts , as allowed by State law and regulations, federal law | ||||||
16 | and regulations, and executed Memoranda of Understanding | ||||||
17 | between Illinois law enforcement agencies and the U.S. Bureau | ||||||
18 | of Alcohol, Tobacco, Firearms and Explosives, in making | ||||||
19 | publicly available, on a regular and ongoing
basis, key | ||||||
20 | information related to firearms used in the
commission of | ||||||
21 | crimes in this State, including, but not limited
to: reports | ||||||
22 | on crimes committed with firearms, locations where
the crimes | ||||||
23 | occurred, the number of persons killed or injured in
the | ||||||
24 | commission of the crimes, the state where the firearms used
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1 | originated, the Federal Firearms Licensee that sold the | ||||||
2 | firearm, the type of firearms used , if known , annual | ||||||
3 | statistical information concerning Firearm Owner's | ||||||
4 | Identification Card and concealed carry license applications, | ||||||
5 | revocations, and compliance with Section 9.5 of the Firearm | ||||||
6 | Owners Identification Card Act, the information required in | ||||||
7 | the report or on the Illinois State Police's website under | ||||||
8 | Section 85 of the Firearms Restraining Order Act firearm | ||||||
9 | restraining order dispositions , and firearm dealer license | ||||||
10 | certification inspections. The Illinois State Police
shall | ||||||
11 | make the information available on its
website, which may be | ||||||
12 | presented in a dashboard format, in addition to electronically | ||||||
13 | filing a report with the
Governor and the General Assembly. | ||||||
14 | The report to the General
Assembly shall be filed with the | ||||||
15 | Clerk of the House of
Representatives and the Secretary of the | ||||||
16 | Senate in electronic
form only, in the manner that the Clerk | ||||||
17 | and the Secretary shall
direct.
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18 | (b) The Illinois State Police shall study, on a regular | ||||||
19 | and ongoing basis, and compile reports on the number of | ||||||
20 | Firearm Owner's Identification Card checks to determine | ||||||
21 | firearms trafficking or straw purchase patterns. The Illinois | ||||||
22 | State Police shall, to the extent not inconsistent with law, | ||||||
23 | share such reports and underlying data with academic centers, | ||||||
24 | foundations, and law enforcement agencies studying firearms | ||||||
25 | trafficking, provided that personally identifying information | ||||||
26 | is protected. For purposes of this subsection (b), a Firearm |
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1 | Owner's Identification Card number is not personally | ||||||
2 | identifying information, provided that no other personal | ||||||
3 | information of the card holder is attached to the record. The | ||||||
4 | Illinois State Police may create and attach an alternate | ||||||
5 | unique identifying number to each Firearm Owner's | ||||||
6 | Identification Card number, instead of releasing the Firearm | ||||||
7 | Owner's Identification Card number itself. | ||||||
8 | (c) Each department, office, division, and agency of this
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9 | State shall, to the extent not inconsistent with law, | ||||||
10 | cooperate
fully with the Illinois State Police and furnish the
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11 | Illinois State Police with all relevant information and | ||||||
12 | assistance on a
timely basis as is necessary to accomplish the | ||||||
13 | purpose of this
Act. The Illinois Criminal Justice Information | ||||||
14 | Authority shall submit the information required in subsection | ||||||
15 | (a) of this Section to the Illinois State Police, and any other | ||||||
16 | information as the Illinois State Police may request, to | ||||||
17 | assist the Illinois State Police in carrying out its duties | ||||||
18 | under this Act.
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19 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
20 | 102-813, eff. 5-13-22.)
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21 | Section 10. The Illinois State Police Law of the
Civil | ||||||
22 | Administrative Code of Illinois is amended by changing | ||||||
23 | Sections 2605-10, 2605-25, 2605-30, 2605-35, 2605-40, 2605-45, | ||||||
24 | 2605-51, 2605-52, 2605-200, and 2605-615 as follows:
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1 | (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
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2 | Sec. 2605-10. Powers and duties, generally. | ||||||
3 | (a) The Illinois State Police shall exercise the rights, | ||||||
4 | powers, and duties that have been vested in the Illinois State | ||||||
5 | Police by the following: | ||||||
6 | The Illinois State Police Act. | ||||||
7 | The Illinois State Police Radio Act. | ||||||
8 | The Criminal Identification Act. | ||||||
9 | The Illinois Vehicle Code. | ||||||
10 | The Firearm Owners Identification Card Act. | ||||||
11 | The Firearm Concealed Carry Act. | ||||||
12 | The Firearm Dealer License Certification Act Gun Dealer | ||||||
13 | Licensing Act . | ||||||
14 | The Intergovernmental Missing Child Recovery Act of 1984. | ||||||
15 | The Intergovernmental Drug Laws Enforcement Act. | ||||||
16 | The Narcotic Control Division Abolition Act. | ||||||
17 | The Illinois Uniform Conviction Information Act. | ||||||
18 | The Murderer and Violent Offender Against Youth | ||||||
19 | Registration Act. | ||||||
20 | (b) The Illinois State Police shall have the
powers and | ||||||
21 | duties set forth in the following Sections.
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22 | (c) The Illinois State Police shall exercise the rights, | ||||||
23 | powers, and duties vested in the Illinois State Police to | ||||||
24 | implement the following protective service functions for State | ||||||
25 | facilities, State officials, and State employees serving in | ||||||
26 | their official capacity: |
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1 | (1) Utilize subject matter expertise and law | ||||||
2 | enforcement authority to strengthen the protection of | ||||||
3 | State government facilities, State employees, State | ||||||
4 | officials, and State critical infrastructure. | ||||||
5 | (2) Coordinate State, federal, and local law | ||||||
6 | enforcement activities involving the protection of State | ||||||
7 | facilities, officials and employees. | ||||||
8 | (3) Conduct investigations of criminal threats to | ||||||
9 | State facilities, State critical infrastructure, State | ||||||
10 | officials and State employees. | ||||||
11 | (4) Train State officials and employees in personal | ||||||
12 | protection, crime prevention, facility occupant emergency | ||||||
13 | planning, and incident management. | ||||||
14 | (5) Establish standard protocols for prevention and | ||||||
15 | response to criminal threats to State facilities, State | ||||||
16 | officials, State employees, State critical infrastructure, | ||||||
17 | and standard protocols for reporting of suspicious | ||||||
18 | activities. | ||||||
19 | (6) Establish minimum operational standards, | ||||||
20 | qualifications, training, and compliance requirements for | ||||||
21 | State employees and contractors engaged in the protection | ||||||
22 | of State facilities and employees. | ||||||
23 | (7) At the request of departments or agencies of State | ||||||
24 | government, conduct security assessments, including, but | ||||||
25 | not limited to, examination of alarm systems, cameras | ||||||
26 | systems, access points, personnel readiness, and emergency |
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1 | protocols based on risk and need. | ||||||
2 | (8) Oversee the planning and implementation of | ||||||
3 | security and law enforcement activities necessary for the | ||||||
4 | protection of major, multi-jurisdictional events | ||||||
5 | implicating potential criminal threats to State officials, | ||||||
6 | State employees, or State-owned, State-leased, or | ||||||
7 | State-operated critical infrastructure or facilities. | ||||||
8 | (9) Oversee and direct the planning and implementation | ||||||
9 | of security and law enforcement activities by the | ||||||
10 | departments and agencies of the State necessary for the | ||||||
11 | protection of State employees, State officials, and | ||||||
12 | State-owned, State-leased, or State-operated critical | ||||||
13 | infrastructure or facilities from criminal activity. | ||||||
14 | (10) Advise the Governor and Homeland Security Advisor | ||||||
15 | on any matters necessary for the effective protection of | ||||||
16 | State facilities, critical infrastructure, officials, and | ||||||
17 | employees from criminal threats. | ||||||
18 | (11) Utilize intergovernmental agreements and | ||||||
19 | administrative rules as needed for the effective, | ||||||
20 | efficient implementation of law enforcement and support | ||||||
21 | activities necessary for the protection of State | ||||||
22 | facilities, State infrastructure, State officials, and | ||||||
23 | State employees. | ||||||
24 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
25 | (20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
|
| |||||||
| |||||||
1 | Sec. 2605-25. Illinois State Police divisions. | ||||||
2 | (a) The Illinois State Police is divided into the Division | ||||||
3 | of Statewide 9-1-1, the Division of Patrol Operations , the | ||||||
4 | Division of Criminal Investigation, the Division of Forensic | ||||||
5 | Services, the Division of Justice Services, the Division of | ||||||
6 | the Academy and Training, and the Division of Internal | ||||||
7 | Investigation. | ||||||
8 | (b) The Office of the Director shall: | ||||||
9 | (1) Exercise the rights, powers, and duties vested in | ||||||
10 | the Illinois State Police by the Governor's Office of | ||||||
11 | Management and Budget Act. | ||||||
12 | (2) Exercise the rights, powers, and duties vested in | ||||||
13 | the Illinois State Police by the Personnel Code. | ||||||
14 | (3) Exercise the rights, powers, and duties vested in
| ||||||
15 | the Illinois State Police
by "An Act relating to internal | ||||||
16 | auditing in State government", approved
August 11, 1967 | ||||||
17 | (repealed; now the Fiscal Control and Internal Auditing | ||||||
18 | Act).
| ||||||
19 | (4) Oversee the Executive Protection Unit. | ||||||
20 | (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
| ||||||
21 | (20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)
| ||||||
22 | Sec. 2605-30. Division of Patrol Operations (formerly | ||||||
23 | State Troopers). The
Division of Patrol Operations shall | ||||||
24 | exercise the following
functions and those in Section 2605-35:
| ||||||
25 | (1) Cooperate with federal and State authorities |
| |||||||
| |||||||
1 | requesting
utilization
of the Illinois State Police's | ||||||
2 | radio network system under the Illinois Aeronautics
Act.
| ||||||
3 | (2) Exercise the rights, powers, and duties of the | ||||||
4 | Illinois State
Police under the Illinois State Police Act.
| ||||||
5 | (2.5) Provide uniformed patrol of Illinois highways | ||||||
6 | and proactively enforce criminal and traffic laws.
| ||||||
7 | (3) (Blank).
| ||||||
8 | (4) Exercise the rights, powers, and duties of the | ||||||
9 | Illinois State Police vested by
law in the Illinois State | ||||||
10 | Police by the Illinois Vehicle
Code.
| ||||||
11 | (5) Exercise other duties that have been or may be | ||||||
12 | vested by law in the
Illinois State Police.
| ||||||
13 | (6) Exercise other duties that may be assigned by the | ||||||
14 | Director in order to
fulfill the responsibilities and to | ||||||
15 | achieve the purposes of the Illinois State Police.
| ||||||
16 | (7) Provide comprehensive law enforcement services to | ||||||
17 | the public and to county, municipal, and federal law | ||||||
18 | enforcement agencies, at their request. | ||||||
19 | (8) Patrol Illinois highways with the intent to | ||||||
20 | interdict crime and ensure traffic safety while assisting | ||||||
21 | citizens during times of need. | ||||||
22 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
23 | (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
| ||||||
24 | Sec. 2605-35. Division of Criminal
Investigation. | ||||||
25 | (a) The Division of Criminal
Investigation shall exercise
|
| |||||||
| |||||||
1 | the following functions and those in Section 2605-30:
| ||||||
2 | (1) Exercise the rights, powers, and duties vested by
| ||||||
3 | law in the Illinois State Police by the Illinois Horse | ||||||
4 | Racing Act of 1975, including those set forth in Section | ||||||
5 | 2605-215.
| ||||||
6 | (2) Investigate the origins, activities, personnel, | ||||||
7 | and
incidents of crime and enforce the criminal laws of | ||||||
8 | this State related thereto.
| ||||||
9 | (3) Enforce all laws regulating the production, sale,
| ||||||
10 | prescribing, manufacturing, administering, transporting, | ||||||
11 | having in possession,
dispensing, delivering, | ||||||
12 | distributing, or use of controlled substances
and | ||||||
13 | cannabis.
| ||||||
14 | (4) Cooperate with the police of cities, villages, and
| ||||||
15 | incorporated towns and with the police officers of any | ||||||
16 | county in
enforcing the laws of the State and in making | ||||||
17 | arrests and recovering
property.
| ||||||
18 | (5) Apprehend and deliver up any person charged in | ||||||
19 | this State or any other
state with treason or a felony or | ||||||
20 | other crime who has fled from justice and is
found in this | ||||||
21 | State.
| ||||||
22 | (6) Investigate recipients and providers under the | ||||||
23 | Illinois Public Aid
Code and any personnel involved in the | ||||||
24 | administration of the Code who are
suspected of any | ||||||
25 | violation of the Code pertaining to fraud in the
| ||||||
26 | administration, receipt, or provision of assistance and |
| |||||||
| |||||||
1 | pertaining to any
violation of criminal law; and exercise | ||||||
2 | the functions required under Section
2605-220 in the | ||||||
3 | conduct of those investigations.
| ||||||
4 | (7) Conduct other investigations as provided by law, | ||||||
5 | including, but not limited to, investigations of human | ||||||
6 | trafficking, illegal drug trafficking, and illegal | ||||||
7 | firearms trafficking , and cyber crimes that can be | ||||||
8 | investigated and prosecuted in Illinois .
| ||||||
9 | (8) Investigate public corruption.
| ||||||
10 | (9) Exercise other duties that may be assigned by the | ||||||
11 | Director in order to
fulfill the responsibilities and | ||||||
12 | achieve the purposes of the Illinois State Police, which | ||||||
13 | may include the coordination of gang, terrorist, and | ||||||
14 | organized crime prevention, control activities, and | ||||||
15 | assisting local law enforcement in their crime control | ||||||
16 | activities.
| ||||||
17 | (10) Conduct investigations (and cooperate with | ||||||
18 | federal law enforcement agencies in the investigation) of | ||||||
19 | any property-related crimes, such as money laundering, | ||||||
20 | involving individuals or entities listed on the sanctions | ||||||
21 | list maintained by the U.S. Department of Treasury's | ||||||
22 | Office of Foreign Asset Control. | ||||||
23 | (11) Oversee Illinois State Police special weapons and | ||||||
24 | tactics (SWAT) teams, including law enforcement response | ||||||
25 | to weapons of mass destruction. | ||||||
26 | (12) Oversee Illinois State Police air operations. |
| |||||||
| |||||||
1 | (13) Investigate criminal domestic terrorism | ||||||
2 | incidents, and otherwise deter all criminal threats to | ||||||
3 | Illinois. | ||||||
4 | (a-5) The Division of Criminal Investigation shall gather | ||||||
5 | information, intelligence, and evidence to facilitate the | ||||||
6 | identification, apprehension, and prosecution of persons | ||||||
7 | responsible for committing crime; to provide specialized | ||||||
8 | intelligence and analysis, investigative, tactical, and | ||||||
9 | technological services in support of law enforcement | ||||||
10 | operations throughout the State of Illinois; and to oversee | ||||||
11 | and operate the statewide criminal intelligence fusion center. | ||||||
12 | (b) (Blank).
| ||||||
13 | (c) The Division of Criminal
Investigation shall provide | ||||||
14 | statewide coordination and strategy pertaining to | ||||||
15 | firearm-related intelligence, firearms trafficking | ||||||
16 | interdiction, and investigations reaching across all divisions | ||||||
17 | of the Illinois State Police, including providing crime gun | ||||||
18 | intelligence support for suspects and firearms involved in | ||||||
19 | firearms trafficking or the commission of a crime involving | ||||||
20 | firearms that is investigated by the Illinois State Police and | ||||||
21 | other federal, State, and local law enforcement agencies, with | ||||||
22 | the objective of reducing and preventing illegal possession | ||||||
23 | and use of firearms, firearms trafficking, firearm-related | ||||||
24 | homicides, and other firearm-related violent crimes in | ||||||
25 | Illinois. | ||||||
26 | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; |
| |||||||
| |||||||
1 | 102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23.)
| ||||||
2 | (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
| ||||||
3 | Sec. 2605-40. Division of Forensic Services. The Division | ||||||
4 | of
Forensic Services shall exercise the following functions:
| ||||||
5 | (1) Provide crime scene services and traffic crash | ||||||
6 | reconstruction.
| ||||||
7 | (2) Exercise the rights, powers, and duties vested by
| ||||||
8 | law in the Illinois State Police by Section 2605-300 of | ||||||
9 | this Law.
| ||||||
10 | (3) Provide assistance to local law enforcement | ||||||
11 | agencies
through training, management, and consultant | ||||||
12 | services.
| ||||||
13 | (4) (Blank).
| ||||||
14 | (5) Exercise other duties that may be assigned by the | ||||||
15 | Director in
order to fulfill the responsibilities and | ||||||
16 | achieve the purposes of the Illinois State Police.
| ||||||
17 | (6) Establish and operate a forensic science | ||||||
18 | laboratory system,
including a forensic toxicological | ||||||
19 | laboratory service, for the purpose of
testing specimens | ||||||
20 | submitted by coroners and other law enforcement officers
| ||||||
21 | in their efforts to determine whether alcohol, drugs, or | ||||||
22 | poisonous or other
toxic substances have been involved in | ||||||
23 | deaths, accidents, or illness.
Forensic toxicological | ||||||
24 | laboratories shall be established in Springfield,
Chicago, | ||||||
25 | and elsewhere in the State as needed.
|
| |||||||
| |||||||
1 | (6.5) Establish administrative rules in order to set | ||||||
2 | forth standardized requirements for the disclosure of | ||||||
3 | toxicology results and other relevant documents related to | ||||||
4 | a toxicological analysis. These administrative rules are | ||||||
5 | to be adopted to produce uniform and sufficient | ||||||
6 | information to allow a proper, well-informed determination | ||||||
7 | of the admissibility of toxicology evidence and to ensure | ||||||
8 | that this evidence is presented competently. These | ||||||
9 | administrative rules are designed to provide a minimum | ||||||
10 | standard for compliance of toxicology evidence and are not | ||||||
11 | intended to limit the production and discovery of material | ||||||
12 | information. | ||||||
13 | (7) Subject to specific appropriations made for these | ||||||
14 | purposes, establish
and coordinate a system for providing | ||||||
15 | accurate and expedited
forensic science and other | ||||||
16 | investigative and laboratory services to local law
| ||||||
17 | enforcement agencies and local State's Attorneys in aid of | ||||||
18 | the investigation
and trial of capital cases. | ||||||
19 | (8) Exercise the rights, powers, and duties vested by | ||||||
20 | law in the Illinois State Police under the Sexual Assault | ||||||
21 | Evidence Submission Act. | ||||||
22 | (9) Serve as the State central repository for all | ||||||
23 | genetic marker grouping analysis information and exercise | ||||||
24 | the rights, powers, and duties vested by law in the | ||||||
25 | Illinois State Police under Section 5-4-3 of the Unified | ||||||
26 | Code of Corrections. |
| |||||||
| |||||||
1 | (10) Issue reports required under Section 5-4-3a of | ||||||
2 | the Unified Code of Corrections. | ||||||
3 | (11) Oversee the Electronic Laboratory Information | ||||||
4 | Management System under Section 5-4-3b of the Unified Code | ||||||
5 | of Corrections.
| ||||||
6 | (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21; | ||||||
7 | 102-813, eff. 5-13-22.)
| ||||||
8 | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
| ||||||
9 | Sec. 2605-45. Division of Justice Services. The Division | ||||||
10 | of
Justice Services shall provide administrative and technical | ||||||
11 | services and support to the Illinois State Police, criminal | ||||||
12 | justice agencies, and the public and shall exercise the
| ||||||
13 | following functions:
| ||||||
14 | (1) Operate and maintain the Law Enforcement Agencies | ||||||
15 | Data System (LEADS), a statewide, computerized | ||||||
16 | telecommunications system designed to provide services, | ||||||
17 | information, and capabilities to the law enforcement and | ||||||
18 | criminal justice community in the State of Illinois. The | ||||||
19 | Director is responsible for establishing policy, | ||||||
20 | procedures, and regulations consistent with State and | ||||||
21 | federal rules, policies, and law by which LEADS operates. | ||||||
22 | The Director shall designate a statewide LEADS | ||||||
23 | Administrator for management of the system. The Director | ||||||
24 | may appoint a LEADS Advisory Policy Board to reflect the | ||||||
25 | needs and desires of the law enforcement and criminal |
| |||||||
| |||||||
1 | justice community and to make recommendations concerning | ||||||
2 | policies and procedures.
| ||||||
3 | (2) Pursue research and the publication of studies | ||||||
4 | pertaining
to local
law enforcement activities.
| ||||||
5 | (3) Serve as the State's point of contact for the | ||||||
6 | Federal Bureau of Investigation's Uniform Crime Reporting | ||||||
7 | Program and National Incident-Based Reporting System.
| ||||||
8 | (4) Operate an electronic data processing and computer | ||||||
9 | center
for the
storage and retrieval of data pertaining to | ||||||
10 | criminal activity.
| ||||||
11 | (5) Exercise the rights, powers, and duties vested in
| ||||||
12 | the Illinois State Police by the Cannabis Regulation and | ||||||
13 | Tax Act and the Compassionate Use of Medical Cannabis | ||||||
14 | Program Act.
| ||||||
15 | (6) (Blank).
| ||||||
16 | (6.5) Exercise the rights, powers, and duties vested | ||||||
17 | in the Illinois State Police
by the Firearm Owners | ||||||
18 | Identification Card Act, the Firearm Concealed Carry Act, | ||||||
19 | the Firearm Transfer Inquiry Program, the prohibited | ||||||
20 | persons portal under Section 2605-304, and the Firearm | ||||||
21 | Dealer License Certification Act.
| ||||||
22 | (7) Exercise other duties that may be assigned
by the | ||||||
23 | Director to
fulfill the responsibilities and achieve the | ||||||
24 | purposes of the Illinois State Police.
| ||||||
25 | (8) Exercise the rights, powers, and duties vested by | ||||||
26 | law in the Illinois State Police by the Criminal |
| |||||||
| |||||||
1 | Identification Act and the Illinois Uniform Conviction | ||||||
2 | Information Act . | ||||||
3 | (9) Exercise the powers and perform the duties that | ||||||
4 | have been vested
in the Illinois State Police by the | ||||||
5 | Murderer and Violent Offender Against Youth Registration | ||||||
6 | Act, the Sex Offender Registration Act , and
the Sex | ||||||
7 | Offender
Community Notification Law and
adopt reasonable | ||||||
8 | rules necessitated thereby. | ||||||
9 | (10) Serve as the State central repository for | ||||||
10 | criminal history record information. | ||||||
11 | (11) Share all necessary information with the | ||||||
12 | Concealed Carry Licensing Review Board and the Firearms | ||||||
13 | Owner's Identification Card Review Board necessary for the | ||||||
14 | execution of their duties. | ||||||
15 | (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
| ||||||
16 | (20 ILCS 2605/2605-51)
| ||||||
17 | Sec. 2605-51. Division of the Academy and Training. | ||||||
18 | (a) The Division of the Academy and Training shall | ||||||
19 | exercise, but not be limited to, the following functions: | ||||||
20 | (1) Oversee and operate the Illinois State Police | ||||||
21 | Training Academy. | ||||||
22 | (2) Train and prepare new officers for a career in law | ||||||
23 | enforcement, with innovative, quality training and | ||||||
24 | educational practices. | ||||||
25 | (3) Offer continuing training and educational programs |
| |||||||
| |||||||
1 | for Illinois State Police employees. | ||||||
2 | (4) Oversee the Illinois State Police's recruitment | ||||||
3 | initiatives. | ||||||
4 | (5) Oversee and operate the Illinois State Police's | ||||||
5 | quartermaster. | ||||||
6 | (6) Duties assigned to the Illinois State Police in | ||||||
7 | Article 5, Chapter 11 of the Illinois Vehicle Code | ||||||
8 | concerning testing and training officers on the detection | ||||||
9 | of impaired driving. | ||||||
10 | (7) Duties assigned to the Illinois State Police in | ||||||
11 | Article 108B of the Code of Criminal Procedure. | ||||||
12 | (a-5) Successful completion of the Illinois State Police | ||||||
13 | Academy satisfies the minimum standards pursuant to | ||||||
14 | subsections (a), (b), and (d) of Section 7 of the Illinois | ||||||
15 | Police Training Act and exempts State police officers from the | ||||||
16 | Illinois Law Enforcement Training Standards Board's State | ||||||
17 | Comprehensive Examination and Equivalency Examination. | ||||||
18 | Satisfactory completion shall be evidenced by a commission or | ||||||
19 | certificate issued to the officer. | ||||||
20 | (b) The Division of the Academy and Training shall | ||||||
21 | exercise the rights, powers, and duties vested in the former | ||||||
22 | Division of State Troopers by Section 17 of the Illinois State | ||||||
23 | Police Act. | ||||||
24 | (c) Specialized training. | ||||||
25 | (1) Training; cultural diversity. The Division of the | ||||||
26 | Academy and Training shall provide training and continuing |
| |||||||
| |||||||
1 | education to State police officers concerning cultural | ||||||
2 | diversity, including sensitivity toward racial and ethnic | ||||||
3 | differences. This training and continuing education shall | ||||||
4 | include, but not be limited to, an emphasis on the fact | ||||||
5 | that the primary purpose of enforcement of the Illinois | ||||||
6 | Vehicle Code is safety and equal and uniform enforcement | ||||||
7 | under the law. | ||||||
8 | (2) Training; death and homicide investigations. The | ||||||
9 | Division of the Academy and Training shall provide | ||||||
10 | training in death and homicide investigation for State | ||||||
11 | police officers. Only State police officers who | ||||||
12 | successfully complete the training may be assigned as lead | ||||||
13 | investigators in death and homicide investigations. | ||||||
14 | Satisfactory completion of the training shall be evidenced | ||||||
15 | by a certificate issued to the officer by the Division of | ||||||
16 | the Academy and Training. The Director shall develop a | ||||||
17 | process for waiver applications for officers whose prior | ||||||
18 | training and experience as homicide investigators may | ||||||
19 | qualify them for a waiver. The Director may issue a | ||||||
20 | waiver, at his or her discretion, based solely on the | ||||||
21 | prior training and experience of an officer as a homicide | ||||||
22 | investigator. | ||||||
23 | (A) The Division shall require all homicide | ||||||
24 | investigator training to include instruction on | ||||||
25 | victim-centered, trauma-informed investigation. This | ||||||
26 | training must be implemented by July 1, 2023. |
| |||||||
| |||||||
1 | (B) The Division shall cooperate with the Division | ||||||
2 | of Criminal Investigation to develop a model | ||||||
3 | curriculum on victim-centered, trauma-informed | ||||||
4 | investigation. This curriculum must be implemented by | ||||||
5 | July 1, 2023. | ||||||
6 | (3) Training; police dog training standards. All | ||||||
7 | police dogs used by the Illinois State Police for drug | ||||||
8 | enforcement purposes pursuant to the Cannabis Control Act, | ||||||
9 | the Illinois Controlled Substances Act, and the | ||||||
10 | Methamphetamine Control and Community Protection Act shall | ||||||
11 | be trained by programs that meet the certification | ||||||
12 | requirements set by the Director or the Director's | ||||||
13 | designee. Satisfactory completion of the training shall be | ||||||
14 | evidenced by a certificate issued by the Division of the | ||||||
15 | Academy and Training. | ||||||
16 | (4) Training; post-traumatic stress disorder. The | ||||||
17 | Division of the Academy and Training shall conduct or | ||||||
18 | approve a training program in post-traumatic stress | ||||||
19 | disorder for State police officers. The purpose of that | ||||||
20 | training shall be to equip State police officers to | ||||||
21 | identify the symptoms of post-traumatic stress disorder | ||||||
22 | and to respond appropriately to individuals exhibiting | ||||||
23 | those symptoms. | ||||||
24 | (5) Training; opioid antagonists. The Division of the | ||||||
25 | Academy and Training shall conduct or approve a training | ||||||
26 | program for State police officers in the administration of |
| |||||||
| |||||||
1 | opioid antagonists as defined in paragraph (1) of | ||||||
2 | subsection (e) of Section 5-23 of the Substance Use | ||||||
3 | Disorder Act that is in accordance with that Section. As | ||||||
4 | used in this Section, "State police officers" includes | ||||||
5 | full-time or part-time State police officers, | ||||||
6 | investigators, and any other employee of the Illinois | ||||||
7 | State Police exercising the powers of a peace officer. | ||||||
8 | (6) Training; sexual assault and sexual abuse. | ||||||
9 | (A) Every 3 years, the Division of the Academy and | ||||||
10 | Training shall present in-service training on sexual | ||||||
11 | assault and sexual abuse response and report writing | ||||||
12 | training requirements, including, but not limited to, | ||||||
13 | the following: | ||||||
14 | (i) recognizing the symptoms of trauma; | ||||||
15 | (ii) understanding the role trauma has played | ||||||
16 | in a victim's life; | ||||||
17 | (iii) responding to the needs and concerns of | ||||||
18 | a victim; | ||||||
19 | (iv) delivering services in a compassionate, | ||||||
20 | sensitive, and nonjudgmental manner; | ||||||
21 | (v) interviewing techniques in accordance with | ||||||
22 | the curriculum standards in this paragraph (6); | ||||||
23 | (vi) understanding cultural perceptions and | ||||||
24 | common myths of sexual assault and sexual abuse; | ||||||
25 | and | ||||||
26 | (vii) report writing techniques in accordance |
| |||||||
| |||||||
1 | with the curriculum standards in this paragraph | ||||||
2 | (6). | ||||||
3 | (B) This training must also be presented in all | ||||||
4 | full and part-time basic law enforcement academies. | ||||||
5 | (C) Instructors providing this training shall have | ||||||
6 | successfully completed training on evidence-based, | ||||||
7 | trauma-informed, victim-centered responses to cases of | ||||||
8 | sexual assault and sexual abuse and have experience | ||||||
9 | responding to sexual assault and sexual abuse cases. | ||||||
10 | (D) The Illinois State Police shall adopt rules, | ||||||
11 | in consultation with the Office of the Attorney | ||||||
12 | General and the Illinois Law Enforcement Training | ||||||
13 | Standards Board, to determine the specific training | ||||||
14 | requirements for these courses, including, but not | ||||||
15 | limited to, the following: | ||||||
16 | (i) evidence-based curriculum standards for | ||||||
17 | report writing and immediate response to sexual | ||||||
18 | assault and sexual abuse, including | ||||||
19 | trauma-informed, victim-centered interview | ||||||
20 | techniques, which have been demonstrated to | ||||||
21 | minimize retraumatization, for all State police | ||||||
22 | officers; and | ||||||
23 | (ii) evidence-based curriculum standards for | ||||||
24 | trauma-informed, victim-centered investigation | ||||||
25 | and interviewing techniques, which have been | ||||||
26 | demonstrated to minimize retraumatization, for |
| |||||||
| |||||||
1 | cases of sexual assault and sexual abuse for all | ||||||
2 | State police officers who conduct sexual assault | ||||||
3 | and sexual abuse investigations. | ||||||
4 | (7) Training; human trafficking. The Division of the | ||||||
5 | Academy and Training shall conduct or approve a training | ||||||
6 | program in the detection and investigation of all forms of | ||||||
7 | human trafficking, including, but not limited to, | ||||||
8 | involuntary servitude under subsection (b) of Section 10-9 | ||||||
9 | of the Criminal Code of 2012, involuntary sexual servitude | ||||||
10 | of a minor under subsection (c) of Section 10-9 of the | ||||||
11 | Criminal Code of 2012, and trafficking in persons under | ||||||
12 | subsection (d) of Section 10-9 of the Criminal Code of | ||||||
13 | 2012. This program shall be made available to all cadets | ||||||
14 | and State police officers. | ||||||
15 | (8) Training; hate crimes. The Division of the Academy | ||||||
16 | and Training shall provide training for State police | ||||||
17 | officers in identifying, responding to, and reporting all | ||||||
18 | hate crimes.
| ||||||
19 | (d) The Division of the Academy and Training shall | ||||||
20 | administer and conduct a program consistent with 18 U.S.C. | ||||||
21 | 926B and 926C for qualified active and retired Illinois State | ||||||
22 | Police officers. | ||||||
23 | (Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22; | ||||||
24 | 102-813, eff. 5-13-22.)
| ||||||
25 | (20 ILCS 2605/2605-52) |
| |||||||
| |||||||
1 | Sec. 2605-52. Division of Statewide 9-1-1. | ||||||
2 | (a) There shall be established an Office of the Statewide | ||||||
3 | 9-1-1 Administrator within the Division of Statewide 9-1-1. | ||||||
4 | Beginning January 1, 2016, the Office of the Statewide 9-1-1 | ||||||
5 | Administrator shall be responsible for developing, | ||||||
6 | implementing, and overseeing a uniform statewide 9-1-1 system | ||||||
7 | for all areas of the State outside of municipalities having a | ||||||
8 | population over 500,000. | ||||||
9 | (b) The Governor shall appoint, with the advice and | ||||||
10 | consent of the Senate, a Statewide 9-1-1 Administrator. The | ||||||
11 | Administrator shall serve for a term of 2 years, and until a | ||||||
12 | successor is appointed and qualified; except that the term of | ||||||
13 | the first 9-1-1 Administrator appointed under this Act shall | ||||||
14 | expire on the third Monday in January, 2017. The Administrator | ||||||
15 | shall not hold any other remunerative public office. The | ||||||
16 | Administrator shall receive an annual salary as set by the | ||||||
17 | Governor.
| ||||||
18 | (c) The Illinois State Police, from appropriations made to | ||||||
19 | it for that purpose, shall make grants to 9-1-1 Authorities | ||||||
20 | for the purpose of defraying costs associated with 9-1-1 | ||||||
21 | system consolidations awarded by the Administrator under | ||||||
22 | Section 15.4b of the Emergency Telephone System Act. | ||||||
23 | (d) The Division of Statewide 9-1-1 shall exercise the | ||||||
24 | rights, powers, and duties vested by law in the Illinois State | ||||||
25 | Police by the State Police Radio Act and shall oversee the | ||||||
26 | Illinois State Police radio network, including the Illinois |
| |||||||
| |||||||
1 | State Police Emergency Radio Network and Illinois State | ||||||
2 | Police's STARCOM21 . | ||||||
3 | (e) The Division of Statewide 9-1-1 shall also conduct the | ||||||
4 | following communication activities: | ||||||
5 | (1) Acquire and operate one or more radio broadcasting | ||||||
6 | stations in the State to be used for police purposes. | ||||||
7 | (2) Operate a statewide communications network to | ||||||
8 | gather and disseminate information for law enforcement | ||||||
9 | agencies. | ||||||
10 | (3) Undertake other communication activities that may | ||||||
11 | be required by law. | ||||||
12 | (4) Oversee Illinois State Police telecommunications. | ||||||
13 | (f) The Division of Statewide 9-1-1 shall oversee the | ||||||
14 | Illinois State Police fleet operations. | ||||||
15 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
16 | (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
| ||||||
17 | Sec. 2605-200. Investigations of crime; enforcement of | ||||||
18 | laws; records; crime laboratories; personnel.
| ||||||
19 | (a) To do the following:
| ||||||
20 | (1) Investigate the origins, activities, personnel, | ||||||
21 | and
incidents of crime and the ways and means to redress | ||||||
22 | the victims of
crimes; study the impact, if any, of | ||||||
23 | legislation relative to the
effusion of crime and growing | ||||||
24 | crime rates; and enforce the criminal
laws
of this State | ||||||
25 | related thereto.
|
| |||||||
| |||||||
1 | (2) Enforce all laws regulating the
production, sale, | ||||||
2 | prescribing, manufacturing, administering,
transporting, | ||||||
3 | having in possession, dispensing, delivering,
| ||||||
4 | distributing, or use of controlled substances and | ||||||
5 | cannabis.
| ||||||
6 | (3) Employ
skilled experts, scientists, technicians, | ||||||
7 | investigators, or otherwise
specially qualified persons to | ||||||
8 | aid in preventing or detecting crime,
apprehending | ||||||
9 | criminals, or preparing and presenting evidence of
| ||||||
10 | violations of the criminal laws of the State.
| ||||||
11 | (4) Cooperate with the
police of cities, villages, and | ||||||
12 | incorporated towns and with the police
officers of any | ||||||
13 | county in enforcing the laws of the State and in making
| ||||||
14 | arrests and recovering property.
| ||||||
15 | (5) Apprehend and deliver up any person
charged in | ||||||
16 | this State or any other state of the United States with
| ||||||
17 | treason or a felony or other crime who has fled from
| ||||||
18 | justice and is found
in this State.
| ||||||
19 | (6) Conduct other investigations as
provided by law.
| ||||||
20 | (7) Be a central repository and custodian of criminal | ||||||
21 | statistics for the State. | ||||||
22 | (8) Be a central repository for criminal history | ||||||
23 | record information. | ||||||
24 | (9) Procure and file for record information that is | ||||||
25 | necessary and helpful to plan programs of crime | ||||||
26 | prevention, law enforcement, and criminal justice. |
| |||||||
| |||||||
1 | (10) Procure and file for record copies of | ||||||
2 | fingerprints that may be required by law. | ||||||
3 | (11) Establish general and field crime laboratories. | ||||||
4 | (12) Register and file for record information that may | ||||||
5 | be required by law for the issuance of firearm owner's | ||||||
6 | identification cards under the Firearm Owners | ||||||
7 | Identification Card Act and concealed carry licenses under | ||||||
8 | the Firearm Concealed Carry Act. | ||||||
9 | (13) Employ laboratory technicians and other specially | ||||||
10 | qualified persons to aid in the identification of criminal | ||||||
11 | activity and the identification, collection, and recovery | ||||||
12 | of cyber forensics, including , but not limited to , digital | ||||||
13 | evidence, and may employ polygraph operators and forensic | ||||||
14 | anthropologists . | ||||||
15 | (14) Undertake other identification, information, | ||||||
16 | laboratory, statistical, or registration activities that | ||||||
17 | may be required by law. | ||||||
18 | (b) Persons exercising the powers set forth in
subsection | ||||||
19 | (a) within the Illinois State Police
are conservators of the | ||||||
20 | peace and as such have all the powers possessed
by policemen in | ||||||
21 | cities and sheriffs, except that they may exercise those
| ||||||
22 | powers anywhere in the State in cooperation with and after | ||||||
23 | contact with
the local law enforcement officials. Those | ||||||
24 | persons may use false
or
fictitious names in the performance | ||||||
25 | of their duties under this Section,
upon approval of the | ||||||
26 | Director, and shall not be subject to prosecution
under the |
| |||||||
| |||||||
1 | criminal laws for that use.
| ||||||
2 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
3 | (20 ILCS 2605/2605-615) | ||||||
4 | Sec. 2605-615. Illinois Forensic Science Commission. | ||||||
5 | (a) Creation. There is created within the Illinois State | ||||||
6 | Police the Illinois Forensic Science Commission. | ||||||
7 | (b) Duties and purpose. The Commission shall: | ||||||
8 | (1) Provide guidance to ensure the efficient delivery | ||||||
9 | of forensic services and the sound practice of forensic | ||||||
10 | science. | ||||||
11 | (2) Provide a forum for discussions between forensic | ||||||
12 | science stakeholders to improve communication and | ||||||
13 | coordination and to monitor the important issues impacting | ||||||
14 | all stakeholders. | ||||||
15 | (3) Take a systems-based approach in reviewing all | ||||||
16 | aspects of the delivery of forensic services and the sound | ||||||
17 | practice of forensic science with the goal of reducing or | ||||||
18 | eliminating the factors and inefficiencies that contribute | ||||||
19 | to backlogs and errors, with a focus on education and | ||||||
20 | training, funding, hiring, procurement, and other aspects | ||||||
21 | identified by the Commission. | ||||||
22 | (4) Review significant non-conformities with the sound | ||||||
23 | practice of forensic science documented by each publicly | ||||||
24 | funded forensic laboratory and offer recommendations for | ||||||
25 | the correction thereof. |
| |||||||
| |||||||
1 | (5) Subject to appropriation, provide educational, | ||||||
2 | research, and professional training opportunities for | ||||||
3 | practicing forensic scientists, police officers, judges, | ||||||
4 | State's Attorneys and Assistant State's Attorneys, Public | ||||||
5 | Defenders, and defense attorneys comporting with the sound | ||||||
6 | practice of forensic science. | ||||||
7 | (6) Collect and analyze information related to the | ||||||
8 | impact of current laws, rules, policies, and practices on | ||||||
9 | forensic crime laboratories and the practice of forensic | ||||||
10 | science; evaluate the impact of those laws, rules, | ||||||
11 | policies, and practices on forensic crime laboratories and | ||||||
12 | the practice of forensic science; identify new policies | ||||||
13 | and approaches, together with changes in science, and | ||||||
14 | technology; and make recommendations for changes to those | ||||||
15 | laws, rules, policies, and practices that will yield | ||||||
16 | better results in the criminal justice system consistent | ||||||
17 | with the sound practice of forensic science. | ||||||
18 | (7) Perform such other studies or tasks pertaining to | ||||||
19 | forensic crime laboratories as may be requested by the | ||||||
20 | General Assembly by resolution or the Governor, and | ||||||
21 | perform such other functions as may be required by law or | ||||||
22 | as are necessary to carry out the purposes and goals of the | ||||||
23 | Commission prescribed in this Section. | ||||||
24 | (8) Ensure that adequate resources and facilities are | ||||||
25 | available for carrying out the changes proposed in | ||||||
26 | legislation, rules, or policies and that rational |
| |||||||
| |||||||
1 | priorities are established for the use of those resources. | ||||||
2 | To do so, the Commission may prepare statements to the | ||||||
3 | Governor and General Assembly identifying the fiscal and | ||||||
4 | practical effects of proposed legislation, rules, or | ||||||
5 | policy changes. Such statements may include, but are not | ||||||
6 | limited to: the impact on present levels of staffing and | ||||||
7 | resources; a professional opinion on the practical value | ||||||
8 | of the change or changes; the increase or decrease the | ||||||
9 | number of crime laboratories; the increase or decrease the | ||||||
10 | cost of operating crime laboratories; the impact on | ||||||
11 | efficiencies and caseloads; other information, including | ||||||
12 | but not limited to, facts, data, research, and science | ||||||
13 | relevant to the legislation, rule, or policy; the direct | ||||||
14 | or indirect alteration in any process involving or used by | ||||||
15 | crime laboratories of such proposed legislation, rules, or | ||||||
16 | policy changes; an analysis of the impact, either directly | ||||||
17 | or indirectly, on the technology, improvements, or | ||||||
18 | practices of forensic analyses for use in criminal | ||||||
19 | proceedings; together with the direct or indirect impact | ||||||
20 | on headcount, space, equipment, instruments, | ||||||
21 | accreditation, the volume of cases for analysis, | ||||||
22 | scientific controls, and quality assurance. | ||||||
23 | (c) Members. The Commission shall be composed of the | ||||||
24 | Director of the Illinois State Police, or his or her designee, | ||||||
25 | together with the following members appointed for a term of 4 | ||||||
26 | years by the Governor with the advice and consent of the |
| |||||||
| |||||||
1 | Senate: | ||||||
2 | (1) One crime laboratory director or administrator | ||||||
3 | from each publicly funded forensic laboratory system. | ||||||
4 | (2) One member with experience in the admission of | ||||||
5 | forensic evidence in trials from a statewide association | ||||||
6 | representing prosecutors. | ||||||
7 | (3) One member with experience in the admission of | ||||||
8 | forensic evidence in trials from a statewide association | ||||||
9 | representing criminal defense attorneys. | ||||||
10 | (4) Three forensic scientists with bench work | ||||||
11 | background from various forensic disciplines (e.g., DNA, | ||||||
12 | chemistry, pattern evidence, etc.). | ||||||
13 | (5) One retired circuit court judge or associate | ||||||
14 | circuit court judge with criminal trial experience, | ||||||
15 | including experience in the admission of forensic evidence | ||||||
16 | in trials. | ||||||
17 | (6) One academic specializing in the field of forensic | ||||||
18 | sciences. | ||||||
19 | (7) One or more community representatives (e.g., | ||||||
20 | victim advocates, innocence project organizations, sexual | ||||||
21 | assault examiners, etc.). | ||||||
22 | (8) One member who is a medical examiner or coroner. | ||||||
23 | The Governor shall designate one of the members of the | ||||||
24 | Commission to serve as the chair of the Commission. The | ||||||
25 | members of the Commission shall elect from their number such | ||||||
26 | other officers as they may determine. Members of the |
| |||||||
| |||||||
1 | Commission shall serve without compensation, but may be | ||||||
2 | reimbursed for reasonable expenses incurred in the performance | ||||||
3 | of their duties from funds appropriated for that purpose. | ||||||
4 | (d) Subcommittees. The Commission may form subcommittees | ||||||
5 | to study specific issues identified under paragraph (3) of | ||||||
6 | subsection (b), including, but not limited to, subcommittees | ||||||
7 | on education and training, procurement, funding and hiring. Ad | ||||||
8 | hoc subcommittees may also be convened to address other | ||||||
9 | issues. Such subcommittees shall meet as needed to complete | ||||||
10 | their work, and shall report their findings back to the | ||||||
11 | Commission. Subcommittees shall include members of the | ||||||
12 | Commission, and may also include non-members such as forensic | ||||||
13 | science stakeholders and subject matter experts. | ||||||
14 | (e) Meetings. The Commission shall meet quarterly, at the | ||||||
15 | call of the chairperson. Facilities for meeting, whether | ||||||
16 | remotely or in person, shall be provided for the Commission by | ||||||
17 | the Illinois State Police. | ||||||
18 | (f) Reporting by publicly funded forensic laboratories. | ||||||
19 | All State and local publicly funded forensic laboratory | ||||||
20 | systems, including, but not limited to, the DuPage County | ||||||
21 | Forensic Science Center, the Northeastern Illinois Regional | ||||||
22 | Crime Laboratory, and the Illinois State Police, shall | ||||||
23 | annually provide to the Commission a report summarizing its | ||||||
24 | significant non-conformities with the efficient delivery of | ||||||
25 | forensic services and the sound practice of forensic science. | ||||||
26 | The report will identify:
each significant non-conformity or |
| |||||||
| |||||||
1 | deficient method;
how the non-conformity or deficient method | ||||||
2 | was detected;
the nature and extent of the non-conformity or | ||||||
3 | deficient method;
all corrective actions implemented to | ||||||
4 | address the non-conformity or deficient method;
and an | ||||||
5 | analysis of the effectiveness of the corrective actions taken. | ||||||
6 | (g) Definition. As used in this Section, "Commission" | ||||||
7 | means the Illinois Forensic Science Commission.
| ||||||
8 | (Source: P.A. 102-523, eff. 8-20-21.)
| ||||||
9 | Section 15. The Illinois State Police Act is amended by | ||||||
10 | changing Sections 16 and 20 as follows:
| ||||||
11 | (20 ILCS 2610/16) (from Ch. 121, par. 307.16)
| ||||||
12 | Sec. 16.
State policemen shall enforce the provisions of | ||||||
13 | The Illinois
Vehicle Code, approved September 29, 1969, as | ||||||
14 | amended,
and Article 9 of the "Illinois Highway Code" as | ||||||
15 | amended; and shall patrol the
public highways and rural | ||||||
16 | districts to make arrests for violations of the
provisions of | ||||||
17 | such Acts. They are conservators of the peace and as such
have | ||||||
18 | all powers possessed by policemen in cities, and sheriffs, | ||||||
19 | except that
they may exercise such powers anywhere in this | ||||||
20 | State. The State policemen
shall cooperate with the police of | ||||||
21 | cities, villages and incorporated towns,
and with the police | ||||||
22 | officers of any county, in enforcing the laws of the
State and | ||||||
23 | in making arrests and recovering property. They may be | ||||||
24 | equipped
with standardized and tested devices for weighing |
| |||||||
| |||||||
1 | motor vehicles and may
stop and weigh, acting reasonably, or | ||||||
2 | cause to be weighed, any motor
vehicle which appears to weigh | ||||||
3 | in excess of the weight permitted by law. It
shall also be the | ||||||
4 | duty of the Illinois State Police to determine, whenever | ||||||
5 | possible,
the person or persons or the causes responsible for | ||||||
6 | the breaking or
destruction of any improved hard-surfaced | ||||||
7 | roadway; to arrest all persons
criminally responsible for such | ||||||
8 | breaking or destruction and bring them
before the proper | ||||||
9 | officer for trial. The Illinois State Police
shall divide the | ||||||
10 | State into zones, troops, or regions Districts and assign each | ||||||
11 | zone, troop, or region district to one or
more policemen. No | ||||||
12 | person employed under this Act, however, shall serve or
| ||||||
13 | execute civil process, except for process issued under the | ||||||
14 | authority of the
General Assembly, or a committee or | ||||||
15 | commission thereof vested with subpoena
powers when the county | ||||||
16 | sheriff refuses or fails to serve such process, and
except for | ||||||
17 | process allowed by statute or issued under the authority of | ||||||
18 | the Illinois Department of Revenue.
| ||||||
19 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
20 | (20 ILCS 2610/20) (from Ch. 121, par. 307.18a)
| ||||||
21 | Sec. 20.
The Illinois State Police from time to time may | ||||||
22 | enter into contracts with
The Illinois State Toll Highway | ||||||
23 | Authority, hereinafter
called the Authority, with respect to | ||||||
24 | the policing of
toll highways by the Illinois State Police. | ||||||
25 | Such contracts shall provide among other
matters for the |
| |||||||
| |||||||
1 | compensation or reimbursement of the Illinois State Police by | ||||||
2 | the
Authority for the costs incurred by this State with | ||||||
3 | respect
to such policing service, including, but not limited | ||||||
4 | to, the costs of: (1)
compensation and training of the State | ||||||
5 | policemen and the clerical employees
assigned to such policing | ||||||
6 | service; and (2) uniforms, equipment, and supplies , which | ||||||
7 | shall be Illinois State Police property,
and housing used by | ||||||
8 | such personnel; and (3) reimbursement of such sums as
the | ||||||
9 | State expends in connection with payments of claims for | ||||||
10 | injuries or
illnesses suffered by such personnel in the line | ||||||
11 | of duty. Each such contract
may provide for the methods of | ||||||
12 | ascertaining such costs, and shall be of
such duration and may | ||||||
13 | contain such other appropriate terms as the Illinois State | ||||||
14 | Police
and the Authority may agree upon. The Illinois State | ||||||
15 | Police is not
obliged to furnish policing service on any | ||||||
16 | highway under the jurisdiction of the
Authority except as | ||||||
17 | required by contract.
| ||||||
18 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
19 | Section 20. The Illinois State Police Radio Act is amended | ||||||
20 | by changing Section 10 as follows:
| ||||||
21 | (20 ILCS 2615/10) | ||||||
22 | Sec. 10. Public safety radio interoperability. Upon their | ||||||
23 | establishment and thereafter, the Director of the Illinois | ||||||
24 | State Police, or his or her designee, shall serve as the |
| |||||||
| |||||||
1 | chairman of the Illinois Statewide Interoperability Executive | ||||||
2 | Committee (SIEC) and as the chairman of the STARCOM21 | ||||||
3 | Oversight Committee. The Director or his or her designee , as | ||||||
4 | chairman, may increase the size and makeup of the voting | ||||||
5 | membership of each committee when deemed necessary for | ||||||
6 | improved public safety radio interoperability, but the voting | ||||||
7 | membership of each committee must represent public safety | ||||||
8 | users (police, fire, or EMS) and must, at a minimum, include | ||||||
9 | the representatives specified in this Section. | ||||||
10 | The STARCOM21 Oversight Committee must comprise public | ||||||
11 | safety users accessing the system and shall include the | ||||||
12 | Statewide Interoperability Coordinator. The members of the | ||||||
13 | STARCOM21 Oversight Committee shall serve without compensation | ||||||
14 | and may, at the call of the Chair, meet in person or remotely. | ||||||
15 | The Illinois State Police shall provide administrative and | ||||||
16 | other support to the STARCOM21 Oversight Committee. The | ||||||
17 | STARCOM21 Oversight Committee shall: | ||||||
18 | (1) review existing statutory law and make | ||||||
19 | recommendations for legislative changes to ensure | ||||||
20 | efficient, effective, reliable, and sustainable radio | ||||||
21 | interoperability statewide; | ||||||
22 | (2) make recommendations concerning better integration | ||||||
23 | of the Integrated Public Alert and Warning System | ||||||
24 | statewide; and | ||||||
25 | (3) develop a plan to sustainably fund radio | ||||||
26 | infrastructure, radio equipment, and interoperability |
| |||||||
| |||||||
1 | statewide . | ||||||
2 | The SIEC shall have at a minimum one representative from | ||||||
3 | each of the following: the Illinois Fire Chiefs Association, | ||||||
4 | the Rural Fire Protection Association, the Office of the State | ||||||
5 | Fire Marshal, the Illinois Association of Chiefs of Police, | ||||||
6 | the Illinois Sheriffs' Association, the Illinois State Police, | ||||||
7 | the Illinois Emergency Management Agency, the Department of | ||||||
8 | Public Health, and the Secretary of State Police (which | ||||||
9 | representative shall be the Director of the Secretary of State | ||||||
10 | Police or his or her designee).
| ||||||
11 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
12 | Section 25. The State Finance Act is amended by changing | ||||||
13 | Sections 6z-82, 6z-127, and 8.3 as follows:
| ||||||
14 | (30 ILCS 105/6z-82) | ||||||
15 | Sec. 6z-82. State Police Operations Assistance Fund. | ||||||
16 | (a) There is created in the State treasury a special fund | ||||||
17 | known as the State Police Operations Assistance Fund. The Fund | ||||||
18 | shall receive revenue under the Criminal and Traffic | ||||||
19 | Assessment Act. The Fund may also receive revenue from grants, | ||||||
20 | donations, appropriations, and any other legal source. | ||||||
21 | (a-5) Notwithstanding any other provision of law to the | ||||||
22 | contrary, and in addition to any other transfers that may be | ||||||
23 | provided by law, on August 20, 2021 (the effective date of | ||||||
24 | Public Act 102-505), or as soon thereafter as practical, the |
| |||||||
| |||||||
1 | State Comptroller shall direct and the State Treasurer shall | ||||||
2 | transfer the remaining balance from the Over Dimensional Load | ||||||
3 | Police Escort Fund into the State Police Operations Assistance | ||||||
4 | Fund. Upon completion of the transfer, the Over Dimensional | ||||||
5 | Load Police Escort Fund is dissolved, and any future deposits | ||||||
6 | due to that Fund and any outstanding obligations or | ||||||
7 | liabilities of that Fund shall pass to the State Police | ||||||
8 | Operations Assistance Fund. | ||||||
9 | This Fund may charge, collect, and receive fees or moneys | ||||||
10 | as described in Section 15-312 of the Illinois Vehicle Code, | ||||||
11 | and receive all fees received by the Illinois State Police | ||||||
12 | under that Section. The moneys shall be used by the Illinois | ||||||
13 | State Police for its expenses in providing police escorts and | ||||||
14 | commercial vehicle enforcement activities. | ||||||
15 | (b) The Illinois State Police may use moneys in the Fund to | ||||||
16 | finance any of its lawful purposes or functions. | ||||||
17 | (c) Expenditures may be made from the Fund only as | ||||||
18 | appropriated by the General Assembly by law. | ||||||
19 | (d) Investment income that is attributable to the | ||||||
20 | investment of moneys in the Fund shall be retained in the Fund | ||||||
21 | for the uses specified in this Section. | ||||||
22 | (e) The State Police Operations Assistance Fund shall not | ||||||
23 | be subject to administrative chargebacks.
| ||||||
24 | (f) (Blank). | ||||||
25 | (g) Notwithstanding any other provision of State law to | ||||||
26 | the contrary, on or after July 1, 2021, in addition to any |
| |||||||
| |||||||
1 | other transfers that may be provided for by law, at the | ||||||
2 | direction of and upon notification from the Director of the | ||||||
3 | Illinois State Police, the State Comptroller shall direct and | ||||||
4 | the State Treasurer shall transfer amounts not exceeding | ||||||
5 | $7,000,000 into the State Police Operations Assistance Fund | ||||||
6 | from the State Police Services Fund. | ||||||
7 | (h) Notwithstanding any other provision of law, in
| ||||||
8 | addition to any other transfers that may be provided by law, on
| ||||||
9 | the effective date of this amendatory Act of the 103rd General
| ||||||
10 | Assembly, or as soon thereafter as practical, the State
| ||||||
11 | Comptroller shall direct and the State Treasurer shall | ||||||
12 | transfer
the remaining balance from the State Police | ||||||
13 | Streetgang-Related Crime Fund to the State Police Operations | ||||||
14 | Assistance Fund. Upon completion of the
transfers, the State | ||||||
15 | Police Streetgang-Related Crime Fund is dissolved,
and any | ||||||
16 | future deposits into the State Police Streetgang-Related Crime | ||||||
17 | Fund and any outstanding
obligations or liabilities of the | ||||||
18 | State Police Streetgang-Related Crime Fund pass to the State | ||||||
19 | Police Operations Assistance Fund. | ||||||
20 | (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21; | ||||||
21 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
22 | (30 ILCS 105/6z-127)
| ||||||
23 | Sec. 6z-127. State Police Revocation Enforcement Fund. | ||||||
24 | (a) The State Police Revocation Enforcement Fund is | ||||||
25 | established as a special fund in the State treasury. This Fund |
| |||||||
| |||||||
1 | is established to receive moneys from the Firearm Owners | ||||||
2 | Identification Card Act to enforce that Act, the Firearm | ||||||
3 | Concealed Carry Act, Article 24 of the Criminal Code of 2012, | ||||||
4 | and other firearm offenses. The Fund may also receive revenue | ||||||
5 | from grants, donations, appropriations, and any other legal | ||||||
6 | source. | ||||||
7 | (b) The Illinois State Police may use moneys from the Fund | ||||||
8 | to establish task forces and, if necessary, include other law | ||||||
9 | enforcement agencies, under intergovernmental contracts | ||||||
10 | written and executed in conformity with the Intergovernmental | ||||||
11 | Cooperation Act. | ||||||
12 | (c) The Illinois State Police may use moneys in the Fund to | ||||||
13 | hire and train State Police officers and for the prevention of | ||||||
14 | violent crime. | ||||||
15 | (d) The State Police Revocation Enforcement Fund is not | ||||||
16 | subject to administrative chargebacks. | ||||||
17 | (e) Law enforcement agencies that participate in Firearm | ||||||
18 | Owner's Identification Card revocation enforcement in the | ||||||
19 | Violent Crime Intelligence Task Force may apply for grants | ||||||
20 | from the Illinois State Police.
| ||||||
21 | (f) Any surplus in the Fund beyond what is necessary to | ||||||
22 | ensure compliance with subsections (a) through (e) or moneys | ||||||
23 | that are specifically appropriated for those purposes shall be | ||||||
24 | used by the Illinois State Police to award grants to assist | ||||||
25 | with the data reporting requirements of the Gun Trafficking | ||||||
26 | Information Act. |
| |||||||
| |||||||
1 | (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.)
| ||||||
2 | (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) | ||||||
3 | Sec. 8.3. Money in the Road Fund shall, if and when the | ||||||
4 | State of
Illinois incurs any bonded indebtedness for the | ||||||
5 | construction of
permanent highways, be set aside and used for | ||||||
6 | the purpose of paying and
discharging annually the principal | ||||||
7 | and interest on that bonded
indebtedness then due and payable, | ||||||
8 | and for no other purpose. The
surplus, if any, in the Road Fund | ||||||
9 | after the payment of principal and
interest on that bonded | ||||||
10 | indebtedness then annually due shall be used as
follows: | ||||||
11 | first -- to pay the cost of administration of Chapters | ||||||
12 | 2 through 10 of
the Illinois Vehicle Code, except the cost | ||||||
13 | of administration of Articles I and
II of Chapter 3 of that | ||||||
14 | Code, and to pay the costs of the Executive Ethics | ||||||
15 | Commission for oversight and administration of the Chief | ||||||
16 | Procurement Officer appointed under paragraph (2) of | ||||||
17 | subsection (a) of Section 10-20 of the Illinois | ||||||
18 | Procurement Code for transportation; and | ||||||
19 | secondly -- for expenses of the Department of | ||||||
20 | Transportation for
construction, reconstruction, | ||||||
21 | improvement, repair, maintenance,
operation, and | ||||||
22 | administration of highways in accordance with the
| ||||||
23 | provisions of laws relating thereto, or for any purpose | ||||||
24 | related or
incident to and connected therewith, including | ||||||
25 | the separation of grades
of those highways with railroads |
| |||||||
| |||||||
1 | and with highways and including the
payment of awards made | ||||||
2 | by the Illinois Workers' Compensation Commission under the | ||||||
3 | terms of
the Workers' Compensation Act or Workers' | ||||||
4 | Occupational Diseases Act for
injury or death of an | ||||||
5 | employee of the Division of Highways in the
Department of | ||||||
6 | Transportation; or for the acquisition of land and the
| ||||||
7 | erection of buildings for highway purposes, including the | ||||||
8 | acquisition of
highway right-of-way or for investigations | ||||||
9 | to determine the reasonably
anticipated future highway | ||||||
10 | needs; or for making of surveys, plans,
specifications and | ||||||
11 | estimates for and in the construction and maintenance
of | ||||||
12 | flight strips and of highways necessary to provide access | ||||||
13 | to military
and naval reservations, to defense industries | ||||||
14 | and defense-industry
sites, and to the sources of raw | ||||||
15 | materials and for replacing existing
highways and highway | ||||||
16 | connections shut off from general public use at
military | ||||||
17 | and naval reservations and defense-industry sites, or for | ||||||
18 | the
purchase of right-of-way, except that the State shall | ||||||
19 | be reimbursed in
full for any expense incurred in building | ||||||
20 | the flight strips; or for the
operating and maintaining of | ||||||
21 | highway garages; or for patrolling and
policing the public | ||||||
22 | highways and conserving the peace; or for the operating | ||||||
23 | expenses of the Department relating to the administration | ||||||
24 | of public transportation programs; or, during fiscal year | ||||||
25 | 2022, for the purposes of a grant not to exceed $8,394,800 | ||||||
26 | to the Regional Transportation Authority on behalf of PACE |
| |||||||
| |||||||
1 | for the purpose of ADA/Para-transit expenses; or, during | ||||||
2 | fiscal year 2023, for the purposes of a grant not to exceed | ||||||
3 | $8,394,800 to the Regional Transportation Authority on | ||||||
4 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
5 | expenses; or for any of
those purposes or any other | ||||||
6 | purpose that may be provided by law. | ||||||
7 | Appropriations for any of those purposes are payable from | ||||||
8 | the Road
Fund. Appropriations may also be made from the Road | ||||||
9 | Fund for the
administrative expenses of any State agency that | ||||||
10 | are related to motor
vehicles or arise from the use of motor | ||||||
11 | vehicles. | ||||||
12 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
13 | Fund monies
shall be appropriated to the following Departments | ||||||
14 | or agencies of State
government for administration, grants, or | ||||||
15 | operations; but this
limitation is not a restriction upon | ||||||
16 | appropriating for those purposes any
Road Fund monies that are | ||||||
17 | eligible for federal reimbursement: | ||||||
18 | 1. Department of Public Health; | ||||||
19 | 2. Department of Transportation, only with respect to | ||||||
20 | subsidies for
one-half fare Student Transportation and | ||||||
21 | Reduced Fare for Elderly, except fiscal year 2022 when no | ||||||
22 | more than $17,570,000 may be expended and except fiscal | ||||||
23 | year 2023 when no more than $17,570,000 may be expended; | ||||||
24 | 3. Department of Central Management
Services, except | ||||||
25 | for expenditures
incurred for group insurance premiums of | ||||||
26 | appropriate personnel; |
| |||||||
| |||||||
1 | 4. Judicial Systems and Agencies. | ||||||
2 | Beginning with fiscal year 1981 and thereafter, no Road | ||||||
3 | Fund monies
shall be appropriated to the following Departments | ||||||
4 | or agencies of State
government for administration, grants, or | ||||||
5 | operations; but this
limitation is not a restriction upon | ||||||
6 | appropriating for those purposes any
Road Fund monies that are | ||||||
7 | eligible for federal reimbursement: | ||||||
8 | 1. Illinois State Police, except for expenditures with
| ||||||
9 | respect to the Division of Patrol Operations and Division | ||||||
10 | of Criminal Investigation; | ||||||
11 | 2. Department of Transportation, only with respect to | ||||||
12 | Intercity Rail
Subsidies, except fiscal year 2022 when no | ||||||
13 | more than $50,000,000 may be expended and except fiscal | ||||||
14 | year 2023 when no more than $55,000,000 may be expended, | ||||||
15 | and Rail Freight Services. | ||||||
16 | Beginning with fiscal year 1982 and thereafter, no Road | ||||||
17 | Fund monies
shall be appropriated to the following Departments | ||||||
18 | or agencies of State
government for administration, grants, or | ||||||
19 | operations; but this
limitation is not a restriction upon | ||||||
20 | appropriating for those purposes any
Road Fund monies that are | ||||||
21 | eligible for federal reimbursement: Department
of Central | ||||||
22 | Management Services, except for awards made by
the Illinois | ||||||
23 | Workers' Compensation Commission under the terms of the | ||||||
24 | Workers' Compensation Act
or Workers' Occupational Diseases | ||||||
25 | Act for injury or death of an employee of
the Division of | ||||||
26 | Highways in the Department of Transportation. |
| |||||||
| |||||||
1 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
2 | Fund monies
shall be appropriated to the following Departments | ||||||
3 | or agencies of State
government for administration, grants, or | ||||||
4 | operations; but this
limitation is not a restriction upon | ||||||
5 | appropriating for those purposes any
Road Fund monies that are | ||||||
6 | eligible for federal reimbursement: | ||||||
7 | 1. Illinois State Police, except not more than 40% of | ||||||
8 | the
funds appropriated for the Division of Patrol | ||||||
9 | Operations and Division of Criminal Investigation; | ||||||
10 | 2. State Officers. | ||||||
11 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
12 | Fund monies
shall be appropriated to any Department or agency | ||||||
13 | of State government
for administration, grants, or operations | ||||||
14 | except as provided hereafter;
but this limitation is not a | ||||||
15 | restriction upon appropriating for those
purposes any Road | ||||||
16 | Fund monies that are eligible for federal
reimbursement. It | ||||||
17 | shall not be lawful to circumvent the above
appropriation | ||||||
18 | limitations by governmental reorganization or other
methods. | ||||||
19 | Appropriations shall be made from the Road Fund only in
| ||||||
20 | accordance with the provisions of this Section. | ||||||
21 | Money in the Road Fund shall, if and when the State of | ||||||
22 | Illinois
incurs any bonded indebtedness for the construction | ||||||
23 | of permanent
highways, be set aside and used for the purpose of | ||||||
24 | paying and
discharging during each fiscal year the principal | ||||||
25 | and interest on that
bonded indebtedness as it becomes due and | ||||||
26 | payable as provided in the
Transportation Bond Act, and for no |
| |||||||
| |||||||
1 | other
purpose. The surplus, if any, in the Road Fund after the | ||||||
2 | payment of
principal and interest on that bonded indebtedness | ||||||
3 | then annually due
shall be used as follows: | ||||||
4 | first -- to pay the cost of administration of Chapters | ||||||
5 | 2 through 10
of the Illinois Vehicle Code; and | ||||||
6 | secondly -- no Road Fund monies derived from fees, | ||||||
7 | excises, or
license taxes relating to registration, | ||||||
8 | operation and use of vehicles on
public highways or to | ||||||
9 | fuels used for the propulsion of those vehicles,
shall be | ||||||
10 | appropriated or expended other than for costs of | ||||||
11 | administering
the laws imposing those fees, excises, and | ||||||
12 | license taxes, statutory
refunds and adjustments allowed | ||||||
13 | thereunder, administrative costs of the
Department of | ||||||
14 | Transportation, including, but not limited to, the | ||||||
15 | operating expenses of the Department relating to the | ||||||
16 | administration of public transportation programs, payment | ||||||
17 | of debts and liabilities incurred
in construction and | ||||||
18 | reconstruction of public highways and bridges,
acquisition | ||||||
19 | of rights-of-way for and the cost of construction,
| ||||||
20 | reconstruction, maintenance, repair, and operation of | ||||||
21 | public highways and
bridges under the direction and | ||||||
22 | supervision of the State, political
subdivision, or | ||||||
23 | municipality collecting those monies, or during fiscal | ||||||
24 | year 2022 for the purposes of a grant not to exceed | ||||||
25 | $8,394,800 to the Regional Transportation Authority on | ||||||
26 | behalf of PACE for the purpose of ADA/Para-transit |
| |||||||
| |||||||
1 | expenses, or during fiscal year 2023 for the purposes of a | ||||||
2 | grant not to exceed $8,394,800 to the Regional | ||||||
3 | Transportation Authority on behalf of PACE for the purpose | ||||||
4 | of ADA/Para-transit expenses, and the costs for
patrolling | ||||||
5 | and policing the public highways (by the State, political
| ||||||
6 | subdivision, or municipality collecting that money) for | ||||||
7 | enforcement of
traffic laws. The separation of grades of | ||||||
8 | such highways with railroads
and costs associated with | ||||||
9 | protection of at-grade highway and railroad
crossing shall | ||||||
10 | also be permissible. | ||||||
11 | Appropriations for any of such purposes are payable from | ||||||
12 | the Road
Fund or the Grade Crossing Protection Fund as | ||||||
13 | provided in Section 8 of
the Motor Fuel Tax Law. | ||||||
14 | Except as provided in this paragraph, beginning with | ||||||
15 | fiscal year 1991 and
thereafter, no Road Fund monies
shall be | ||||||
16 | appropriated to the Illinois State Police for the purposes of
| ||||||
17 | this Section in excess of its total fiscal year 1990 Road Fund
| ||||||
18 | appropriations for those purposes unless otherwise provided in | ||||||
19 | Section 5g of
this Act.
For fiscal years 2003,
2004, 2005, | ||||||
20 | 2006, and 2007 only, no Road Fund monies shall
be appropriated | ||||||
21 | to the
Department of State Police for the purposes of this | ||||||
22 | Section in excess of
$97,310,000.
For fiscal year 2008 only, | ||||||
23 | no Road
Fund monies shall be appropriated to the Department of | ||||||
24 | State Police for the purposes of
this Section in excess of | ||||||
25 | $106,100,000. For fiscal year 2009 only, no Road Fund monies | ||||||
26 | shall be appropriated to the Department of State Police for |
| ||||||||||
| ||||||||||
1 | the purposes of this Section in excess of $114,700,000. | |||||||||
2 | Beginning in fiscal year 2010, no road fund moneys shall be | |||||||||
3 | appropriated to the Illinois State Police. It shall not be | |||||||||
4 | lawful to circumvent this limitation on
appropriations by | |||||||||
5 | governmental reorganization or other methods unless
otherwise | |||||||||
6 | provided in Section 5g of this Act. | |||||||||
7 | In fiscal year 1994, no Road Fund monies shall be | |||||||||
8 | appropriated
to the
Secretary of State for the purposes of | |||||||||
9 | this Section in excess of the total
fiscal year 1991 Road Fund | |||||||||
10 | appropriations to the Secretary of State for
those purposes, | |||||||||
11 | plus $9,800,000. It
shall not be
lawful to circumvent
this | |||||||||
12 | limitation on appropriations by governmental reorganization or | |||||||||
13 | other
method. | |||||||||
14 | Beginning with fiscal year 1995 and thereafter, no Road | |||||||||
15 | Fund
monies
shall be appropriated to the Secretary of State | |||||||||
16 | for the purposes of this
Section in excess of the total fiscal | |||||||||
17 | year 1994 Road Fund
appropriations to
the Secretary of State | |||||||||
18 | for those purposes. It shall not be lawful to
circumvent this | |||||||||
19 | limitation on appropriations by governmental reorganization
or | |||||||||
20 | other methods. | |||||||||
21 | Beginning with fiscal year 2000, total Road Fund | |||||||||
22 | appropriations to the
Secretary of State for the purposes of | |||||||||
23 | this Section shall not exceed the
amounts specified for the | |||||||||
24 | following fiscal years: | |||||||||
|
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
9 | For fiscal year 2010, no road fund moneys shall be | |||||||||||||||||||||||||||||||||
10 | appropriated to the Secretary of State. | |||||||||||||||||||||||||||||||||
11 | Beginning in fiscal year 2011, moneys in the Road Fund | |||||||||||||||||||||||||||||||||
12 | shall be appropriated to the Secretary of State for the | |||||||||||||||||||||||||||||||||
13 | exclusive purpose of paying refunds due to overpayment of fees | |||||||||||||||||||||||||||||||||
14 | related to Chapter 3 of the Illinois Vehicle Code unless | |||||||||||||||||||||||||||||||||
15 | otherwise provided for by law. | |||||||||||||||||||||||||||||||||
16 | It shall not be lawful to circumvent this limitation on | |||||||||||||||||||||||||||||||||
17 | appropriations by
governmental reorganization or other | |||||||||||||||||||||||||||||||||
18 | methods. | |||||||||||||||||||||||||||||||||
19 | No new program may be initiated in fiscal year 1991 and
| |||||||||||||||||||||||||||||||||
20 | thereafter that is not consistent with the limitations imposed | |||||||||||||||||||||||||||||||||
21 | by this
Section for fiscal year 1984 and thereafter, insofar | |||||||||||||||||||||||||||||||||
22 | as appropriation of
Road Fund monies is concerned. | |||||||||||||||||||||||||||||||||
23 | Nothing in this Section prohibits transfers from the Road | |||||||||||||||||||||||||||||||||
24 | Fund to the
State Construction Account Fund under Section 5e | |||||||||||||||||||||||||||||||||
25 | of this Act; nor to the
General Revenue Fund, as authorized by | |||||||||||||||||||||||||||||||||
26 | Public Act 93-25. |
| |||||||
| |||||||
1 | The additional amounts authorized for expenditure in this | ||||||
2 | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
| ||||||
3 | shall be repaid to the Road Fund
from the General Revenue Fund | ||||||
4 | in the next succeeding fiscal year that the
General Revenue | ||||||
5 | Fund has a positive budgetary balance, as determined by
| ||||||
6 | generally accepted accounting principles applicable to | ||||||
7 | government. | ||||||
8 | The additional amounts authorized for expenditure by the | ||||||
9 | Secretary of State
and
the Department of State Police in this | ||||||
10 | Section by Public Act 94-91 shall be repaid to the Road Fund | ||||||
11 | from the General Revenue Fund in the
next
succeeding fiscal | ||||||
12 | year that the General Revenue Fund has a positive budgetary
| ||||||
13 | balance,
as determined by generally accepted accounting | ||||||
14 | principles applicable to
government. | ||||||
15 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
16 | 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff. | ||||||
17 | 4-19-22; 102-813, eff. 5-13-22.)
| ||||||
18 | (30 ILCS 105/5.783 rep.) | ||||||
19 | (30 ILCS 105/8p rep.) | ||||||
20 | Section 30. The State Finance Act is amended by repealing | ||||||
21 | Sections 5.783 and 8p.
| ||||||
22 | Section 31. The Intergovernmental Drug Laws Enforcement | ||||||
23 | Act is amended by changing Section 3 as follows:
|
| |||||||
| |||||||
1 | (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
| ||||||
2 | Sec. 3.
A Metropolitan Enforcement Group which meets the | ||||||
3 | minimum
criteria established in this Section is eligible to | ||||||
4 | receive State grants
to help defray the costs of operation. To | ||||||
5 | be eligible a MEG must:
| ||||||
6 | (1) Be established and operating pursuant to | ||||||
7 | intergovernmental
contracts written and executed in | ||||||
8 | conformity with the Intergovernmental
Cooperation Act, and | ||||||
9 | involve 2 or more units of local government.
| ||||||
10 | (2) Establish a MEG Policy Board composed of an | ||||||
11 | elected official, or
his designee, and the chief law | ||||||
12 | enforcement officer, or his designee,
from each | ||||||
13 | participating unit of local government to oversee the
| ||||||
14 | operations of the MEG and make such reports to the | ||||||
15 | Illinois State
Police as the Illinois State
Police may | ||||||
16 | require.
| ||||||
17 | (3) Designate a single appropriate elected official of | ||||||
18 | a
participating unit of local government to act as the | ||||||
19 | financial officer
of the MEG for all participating units | ||||||
20 | of local government and to
receive funds for the operation | ||||||
21 | of the MEG.
| ||||||
22 | (4) Limit its operations to enforcement of drug laws; | ||||||
23 | enforcement of
Sections 10-9, 24-1, 24-1.1, 24-1.2, | ||||||
24 | 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1,
24-2.2, 24-3, | ||||||
25 | 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, | ||||||
26 | 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the
Criminal Code |
| |||||||
| |||||||
1 | of 2012; Sections 2, 3, 6.1, 9.5, and 14 of the Firearm | ||||||
2 | Owners Identification Card Act; and the investigation of | ||||||
3 | streetgang related offenses.
| ||||||
4 | (5) Cooperate with the Illinois State Police in order | ||||||
5 | to
assure compliance with this Act and to enable the | ||||||
6 | Illinois State
Police to fulfill
its duties under this | ||||||
7 | Act, and supply the Illinois State
Police with all
| ||||||
8 | information the Illinois State
Police deems necessary | ||||||
9 | therefor.
| ||||||
10 | (6) Receive funding of at least 50% of the total | ||||||
11 | operating budget of
the MEG from the participating units | ||||||
12 | of local government.
| ||||||
13 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
14 | 102-813, eff. 5-13-22.)
| ||||||
15 | Section 35. The School Code is amended by changing Section | ||||||
16 | 10-27.1A as follows:
| ||||||
17 | (105 ILCS 5/10-27.1A)
| ||||||
18 | Sec. 10-27.1A. Firearms in schools.
| ||||||
19 | (a) All school officials, including teachers, school | ||||||
20 | counselors, and
support staff, shall immediately notify the | ||||||
21 | office of the principal in the
event that they observe any | ||||||
22 | person in possession of a firearm on school
grounds; provided | ||||||
23 | that taking such immediate action to notify the office of the
| ||||||
24 | principal would not immediately endanger the health, safety, |
| |||||||
| |||||||
1 | or welfare of
students who are under the direct supervision of | ||||||
2 | the school official or the
school official. If the health, | ||||||
3 | safety, or welfare of students under the
direct supervision of | ||||||
4 | the school official or of the school official is
immediately | ||||||
5 | endangered, the school official shall notify the office of the
| ||||||
6 | principal as soon as the students under his or her supervision | ||||||
7 | and he or she
are no longer under immediate danger. A report is | ||||||
8 | not required by this Section
when the school official knows | ||||||
9 | that the person in possession of the firearm is
a law | ||||||
10 | enforcement official engaged in the conduct of his or her | ||||||
11 | official
duties. Any school official acting in good faith who | ||||||
12 | makes such a report under
this Section shall have immunity | ||||||
13 | from any civil or criminal liability that
might otherwise be | ||||||
14 | incurred as a result of making the report. The identity of
the | ||||||
15 | school official making such report shall not be disclosed | ||||||
16 | except as
expressly and specifically authorized by law. | ||||||
17 | Knowingly and willfully failing
to comply with this Section is | ||||||
18 | a petty offense. A second or subsequent offense
is a Class C | ||||||
19 | misdemeanor.
| ||||||
20 | (b) Upon receiving a report from any school official | ||||||
21 | pursuant to this
Section, or from any other person, the | ||||||
22 | principal or his or her designee shall
immediately notify a | ||||||
23 | local law enforcement agency. If the person found to be
in | ||||||
24 | possession of a firearm on school grounds is a student, the | ||||||
25 | principal or
his or her designee shall also immediately notify | ||||||
26 | that student's parent or
guardian. Any principal or his or her |
| |||||||
| |||||||
1 | designee acting in good faith who makes
such reports under | ||||||
2 | this Section shall have immunity from any civil or criminal
| ||||||
3 | liability that might otherwise be incurred or imposed as a | ||||||
4 | result of making
the reports. Knowingly and willfully failing | ||||||
5 | to comply with this Section is a
petty offense. A second or | ||||||
6 | subsequent offense is a Class C misdemeanor. If
the person | ||||||
7 | found to be in possession of the firearm on school grounds is a
| ||||||
8 | minor, the law enforcement agency shall detain that minor | ||||||
9 | until such time as
the agency makes a determination pursuant | ||||||
10 | to clause (a) of subsection (1) of
Section 5-401 of the | ||||||
11 | Juvenile Court Act of 1987, as to whether the agency
| ||||||
12 | reasonably believes that the minor is delinquent. If the law | ||||||
13 | enforcement
agency determines that probable cause exists to | ||||||
14 | believe that the minor
committed a violation of item (4) of | ||||||
15 | subsection (a) of Section 24-1 of the
Criminal Code of 2012 | ||||||
16 | while on school grounds, the agency shall detain the
minor for | ||||||
17 | processing pursuant to Section 5-407 of the Juvenile Court Act | ||||||
18 | of
1987.
| ||||||
19 | (c) Upon On or after January 1, 1997, upon receipt of any | ||||||
20 | written,
electronic, or verbal report from any school | ||||||
21 | personnel regarding a verified
incident involving a firearm in | ||||||
22 | a school or on school owned or leased property,
including any | ||||||
23 | conveyance owned,
leased, or used by the school for the | ||||||
24 | transport of students or school
personnel, the superintendent | ||||||
25 | or his or her designee shall report all such
firearm-related | ||||||
26 | incidents occurring in a school or on school property to the
|
| |||||||
| |||||||
1 | local law enforcement authorities immediately , who shall | ||||||
2 | report and to the Illinois State Police in a form, manner, and | ||||||
3 | frequency as prescribed by the Illinois State Police.
| ||||||
4 | The State Board of Education shall receive an annual | ||||||
5 | statistical compilation
and related data associated with | ||||||
6 | incidents involving firearms in schools from
the Illinois | ||||||
7 | State Police. The State Board of Education shall compile
this | ||||||
8 | information by school district and make it available to the | ||||||
9 | public.
| ||||||
10 | (d) As used in this Section, the term "firearm" shall have | ||||||
11 | the meaning
ascribed to it in Section 1.1 of the Firearm Owners | ||||||
12 | Identification Card Act.
| ||||||
13 | As used in this Section, the term "school" means any | ||||||
14 | public or private
elementary or secondary school.
| ||||||
15 | As used in this Section, the term "school grounds" | ||||||
16 | includes the real property
comprising any school, any | ||||||
17 | conveyance owned, leased, or contracted by a school
to | ||||||
18 | transport students to or from school or a school-related | ||||||
19 | activity, or any
public way within 1,000 feet of the real | ||||||
20 | property comprising any school.
| ||||||
21 | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; | ||||||
22 | 102-813, eff. 5-13-22.)
| ||||||
23 | Section 40. The Illinois Pension Code is amended by | ||||||
24 | changing Section 14-110 as follows:
|
| |||||||
| |||||||
1 | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| ||||||
2 | (Text of Section from P.A. 102-813)
| ||||||
3 | Sec. 14-110. Alternative retirement annuity.
| ||||||
4 | (a) Any member who has withdrawn from service with not | ||||||
5 | less than 20
years of eligible creditable service and has | ||||||
6 | attained age 55, and any
member who has withdrawn from service | ||||||
7 | with not less than 25 years of
eligible creditable service and | ||||||
8 | has attained age 50, regardless of whether
the attainment of | ||||||
9 | either of the specified ages occurs while the member is
still | ||||||
10 | in service, shall be entitled to receive at the option of the | ||||||
11 | member,
in lieu of the regular or minimum retirement annuity, | ||||||
12 | a retirement annuity
computed as follows:
| ||||||
13 | (i) for periods of service as a noncovered employee:
| ||||||
14 | if retirement occurs on or after January 1, 2001, 3% of | ||||||
15 | final
average compensation for each year of creditable | ||||||
16 | service; if retirement occurs
before January 1, 2001, 2 | ||||||
17 | 1/4% of final average compensation for each of the
first | ||||||
18 | 10 years of creditable service, 2 1/2% for each year above | ||||||
19 | 10 years to
and including 20 years of creditable service, | ||||||
20 | and 2 3/4% for each year of
creditable service above 20 | ||||||
21 | years; and
| ||||||
22 | (ii) for periods of eligible creditable service as a | ||||||
23 | covered employee:
if retirement occurs on or after January | ||||||
24 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
25 | of creditable service; if retirement occurs before
January | ||||||
26 | 1, 2001, 1.67% of final average compensation for each of |
| |||||||
| |||||||
1 | the first
10 years of such service, 1.90% for each of the | ||||||
2 | next 10 years of such service,
2.10% for each year of such | ||||||
3 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
4 | each year in excess of 30.
| ||||||
5 | Such annuity shall be subject to a maximum of 75% of final | ||||||
6 | average
compensation if retirement occurs before January 1, | ||||||
7 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
8 | retirement occurs on or after January
1, 2001.
| ||||||
9 | These rates shall not be applicable to any service | ||||||
10 | performed
by a member as a covered employee which is not | ||||||
11 | eligible creditable service.
Service as a covered employee | ||||||
12 | which is not eligible creditable service
shall be subject to | ||||||
13 | the rates and provisions of Section 14-108.
| ||||||
14 | (b) For the purpose of this Section, "eligible creditable | ||||||
15 | service" means
creditable service resulting from service in | ||||||
16 | one or more of the following
positions:
| ||||||
17 | (1) State policeman;
| ||||||
18 | (2) fire fighter in the fire protection service of a | ||||||
19 | department;
| ||||||
20 | (3) air pilot;
| ||||||
21 | (4) special agent;
| ||||||
22 | (5) investigator for the Secretary of State;
| ||||||
23 | (6) conservation police officer;
| ||||||
24 | (7) investigator for the Department of Revenue or the | ||||||
25 | Illinois Gaming Board;
| ||||||
26 | (8) security employee of the Department of Human |
| |||||||
| |||||||
1 | Services;
| ||||||
2 | (9) Central Management Services security police | ||||||
3 | officer;
| ||||||
4 | (10) security employee of the Department of | ||||||
5 | Corrections or the Department of Juvenile Justice;
| ||||||
6 | (11) dangerous drugs investigator;
| ||||||
7 | (12) investigator for the Illinois State Police;
| ||||||
8 | (13) investigator for the Office of the Attorney | ||||||
9 | General;
| ||||||
10 | (14) controlled substance inspector;
| ||||||
11 | (15) investigator for the Office of the State's | ||||||
12 | Attorneys Appellate
Prosecutor;
| ||||||
13 | (16) Commerce Commission police officer;
| ||||||
14 | (17) arson investigator;
| ||||||
15 | (18) State highway maintenance worker;
| ||||||
16 | (19) security employee of the Department of Innovation | ||||||
17 | and Technology; or | ||||||
18 | (20) transferred employee. | ||||||
19 | A person employed in one of the positions specified in | ||||||
20 | this subsection is
entitled to eligible creditable service for | ||||||
21 | service credit earned under this
Article while undergoing the | ||||||
22 | basic police training course approved by the
Illinois Law | ||||||
23 | Enforcement Training
Standards Board, if
completion of that | ||||||
24 | training is required of persons serving in that position.
For | ||||||
25 | the purposes of this Code, service during the required basic | ||||||
26 | police
training course shall be deemed performance of the |
| |||||||
| |||||||
1 | duties of the specified
position, even though the person is | ||||||
2 | not a sworn peace officer at the time of
the training.
| ||||||
3 | A person under paragraph (20) is entitled to eligible | ||||||
4 | creditable service for service credit earned under this | ||||||
5 | Article on and after his or her transfer by Executive Order No. | ||||||
6 | 2003-10, Executive Order No. 2004-2, or Executive Order No. | ||||||
7 | 2016-1. | ||||||
8 | (c) For the purposes of this Section:
| ||||||
9 | (1) The term "State policeman" includes any title or | ||||||
10 | position
in the Illinois State Police that is held by an | ||||||
11 | individual employed
under the Illinois State Police Act.
| ||||||
12 | (2) The term "fire fighter in the fire protection | ||||||
13 | service of a
department" includes all officers in such | ||||||
14 | fire protection service
including fire chiefs and | ||||||
15 | assistant fire chiefs.
| ||||||
16 | (3) The term "air pilot" includes any employee whose | ||||||
17 | official job
description on file in the Department of | ||||||
18 | Central Management Services, or
in the department by which | ||||||
19 | he is employed if that department is not covered
by the | ||||||
20 | Personnel Code, states that his principal duty is the | ||||||
21 | operation of
aircraft, and who possesses a pilot's | ||||||
22 | license; however, the change in this
definition made by | ||||||
23 | Public Act 83-842 shall not operate to exclude
any | ||||||
24 | noncovered employee who was an "air pilot" for the | ||||||
25 | purposes of this
Section on January 1, 1984.
| ||||||
26 | (4) The term "special agent" means any person who by |
| |||||||
| |||||||
1 | reason of
employment by the Division of Narcotic Control, | ||||||
2 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
3 | Division of Criminal Investigation, the
Division of | ||||||
4 | Internal Investigation, the Division of Operations, the | ||||||
5 | Division of Patrol Operations , or any
other Division or | ||||||
6 | organizational
entity in the Illinois State Police is | ||||||
7 | vested by law with duties to
maintain public order, | ||||||
8 | investigate violations of the criminal law of this
State, | ||||||
9 | enforce the laws of this State, make arrests and recover | ||||||
10 | property.
The term "special agent" includes any title or | ||||||
11 | position in the Illinois State Police that is held by an | ||||||
12 | individual employed under the Illinois State
Police Act.
| ||||||
13 | (5) The term "investigator for the Secretary of State" | ||||||
14 | means any person
employed by the Office of the Secretary | ||||||
15 | of State and vested with such
investigative duties as | ||||||
16 | render him ineligible for coverage under the Social
| ||||||
17 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
18 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
19 | A person who became employed as an investigator for | ||||||
20 | the Secretary of
State between January 1, 1967 and | ||||||
21 | December 31, 1975, and who has served as
such until | ||||||
22 | attainment of age 60, either continuously or with a single | ||||||
23 | break
in service of not more than 3 years duration, which | ||||||
24 | break terminated before
January 1, 1976, shall be entitled | ||||||
25 | to have his retirement annuity
calculated in accordance | ||||||
26 | with subsection (a), notwithstanding
that he has less than |
| |||||||
| |||||||
1 | 20 years of credit for such service.
| ||||||
2 | (6) The term "Conservation Police Officer" means any | ||||||
3 | person employed
by the Division of Law Enforcement of the | ||||||
4 | Department of Natural Resources and
vested with such law | ||||||
5 | enforcement duties as render him ineligible for coverage
| ||||||
6 | under the Social Security Act by reason of Sections | ||||||
7 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
8 | term "Conservation Police Officer" includes
the positions | ||||||
9 | of Chief Conservation Police Administrator and Assistant
| ||||||
10 | Conservation Police Administrator.
| ||||||
11 | (7) The term "investigator for the Department of | ||||||
12 | Revenue" means any
person employed by the Department of | ||||||
13 | Revenue and vested with such
investigative duties as | ||||||
14 | render him ineligible for coverage under the Social
| ||||||
15 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
16 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
17 | The term "investigator for the Illinois Gaming Board" | ||||||
18 | means any
person employed as such by the Illinois Gaming | ||||||
19 | Board and vested with such
peace officer duties as render | ||||||
20 | the person ineligible for coverage under the Social
| ||||||
21 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
22 | 218(d)(8)(D), and 218(l)(1)
of that Act.
| ||||||
23 | (8) The term "security employee of the Department of | ||||||
24 | Human Services"
means any person employed by the | ||||||
25 | Department of Human Services who (i) is
employed at the | ||||||
26 | Chester Mental Health Center and has daily contact with |
| |||||||
| |||||||
1 | the
residents thereof, (ii) is employed within a security | ||||||
2 | unit at a facility
operated by the Department and has | ||||||
3 | daily contact with the residents of the
security unit, | ||||||
4 | (iii) is employed at a facility operated by the Department
| ||||||
5 | that includes a security unit and is regularly scheduled | ||||||
6 | to work at least
50% of his or her working hours within | ||||||
7 | that security unit, or (iv) is a mental health police | ||||||
8 | officer.
"Mental health police officer" means any person | ||||||
9 | employed by the Department of
Human Services in a position | ||||||
10 | pertaining to the Department's mental health and
| ||||||
11 | developmental disabilities functions who is vested with | ||||||
12 | such law enforcement
duties as render the person | ||||||
13 | ineligible for coverage under the Social Security
Act by | ||||||
14 | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
15 | 218(l)(1) of that
Act. "Security unit" means that portion | ||||||
16 | of a facility that is devoted to
the care, containment, | ||||||
17 | and treatment of persons committed to the Department of
| ||||||
18 | Human Services as sexually violent persons, persons unfit | ||||||
19 | to stand trial, or
persons not guilty by reason of | ||||||
20 | insanity. With respect to past employment,
references to | ||||||
21 | the Department of Human Services include its predecessor, | ||||||
22 | the
Department of Mental Health and Developmental | ||||||
23 | Disabilities.
| ||||||
24 | The changes made to this subdivision (c)(8) by Public | ||||||
25 | Act 92-14 apply to persons who retire on or after January | ||||||
26 | 1,
2001, notwithstanding Section 1-103.1.
|
| |||||||
| |||||||
1 | (9) "Central Management Services security police | ||||||
2 | officer" means any
person employed by the Department of | ||||||
3 | Central Management Services who is
vested with such law | ||||||
4 | enforcement duties as render him ineligible for
coverage | ||||||
5 | under the Social Security Act by reason of Sections | ||||||
6 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
7 | (10) For a member who first became an employee under | ||||||
8 | this Article before July 1, 2005, the term "security | ||||||
9 | employee of the Department of Corrections or the | ||||||
10 | Department of Juvenile Justice"
means any employee of the | ||||||
11 | Department of Corrections or the Department of Juvenile | ||||||
12 | Justice or the former
Department of Personnel, and any | ||||||
13 | member or employee of the Prisoner
Review Board, who has | ||||||
14 | daily contact with inmates or youth by working within a
| ||||||
15 | correctional facility or Juvenile facility operated by the | ||||||
16 | Department of Juvenile Justice or who is a parole officer | ||||||
17 | or an employee who has
direct contact with committed | ||||||
18 | persons in the performance of his or her
job duties. For a | ||||||
19 | member who first becomes an employee under this Article on | ||||||
20 | or after July 1, 2005, the term means an employee of the | ||||||
21 | Department of Corrections or the Department of Juvenile | ||||||
22 | Justice who is any of the following: (i) officially | ||||||
23 | headquartered at a correctional facility or Juvenile | ||||||
24 | facility operated by the Department of Juvenile Justice, | ||||||
25 | (ii) a parole officer, (iii) a member of the apprehension | ||||||
26 | unit, (iv) a member of the intelligence unit, (v) a member |
| |||||||
| |||||||
1 | of the sort team, or (vi) an investigator.
| ||||||
2 | (11) The term "dangerous drugs investigator" means any | ||||||
3 | person who is
employed as such by the Department of Human | ||||||
4 | Services.
| ||||||
5 | (12) The term "investigator for the Illinois State | ||||||
6 | Police" means
a person employed by the Illinois State | ||||||
7 | Police who is vested under
Section 4 of the Narcotic | ||||||
8 | Control Division Abolition Act with such
law enforcement | ||||||
9 | powers as render him ineligible for coverage under the
| ||||||
10 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
11 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
12 | (13) "Investigator for the Office of the Attorney | ||||||
13 | General" means any
person who is employed as such by the | ||||||
14 | Office of the Attorney General and
is vested with such | ||||||
15 | investigative duties as render him ineligible for
coverage | ||||||
16 | under the Social Security Act by reason of Sections | ||||||
17 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||||||
18 | the period before January 1,
1989, the term includes all | ||||||
19 | persons who were employed as investigators by the
Office | ||||||
20 | of the Attorney General, without regard to social security | ||||||
21 | status.
| ||||||
22 | (14) "Controlled substance inspector" means any person | ||||||
23 | who is employed
as such by the Department of Professional | ||||||
24 | Regulation and is vested with such
law enforcement duties | ||||||
25 | as render him ineligible for coverage under the Social
| ||||||
26 | Security Act by reason of Sections 218(d)(5)(A), |
| |||||||
| |||||||
1 | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||||||
2 | "controlled substance inspector" includes the Program
| ||||||
3 | Executive of Enforcement and the Assistant Program | ||||||
4 | Executive of Enforcement.
| ||||||
5 | (15) The term "investigator for the Office of the | ||||||
6 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
7 | employed in that capacity on a full-time basis under the | ||||||
8 | authority of Section 7.06 of the State's Attorneys
| ||||||
9 | Appellate Prosecutor's Act.
| ||||||
10 | (16) "Commerce Commission police officer" means any | ||||||
11 | person employed
by the Illinois Commerce Commission who is | ||||||
12 | vested with such law
enforcement duties as render him | ||||||
13 | ineligible for coverage under the Social
Security Act by | ||||||
14 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
15 | 218(l)(1) of that Act.
| ||||||
16 | (17) "Arson investigator" means any person who is | ||||||
17 | employed as such by
the Office of the State Fire Marshal | ||||||
18 | and is vested with such law enforcement
duties as render | ||||||
19 | the person ineligible for coverage under the Social | ||||||
20 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
21 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
22 | employed as an arson
investigator on January 1, 1995 and | ||||||
23 | is no longer in service but not yet
receiving a retirement | ||||||
24 | annuity may convert his or her creditable service for
| ||||||
25 | employment as an arson investigator into eligible | ||||||
26 | creditable service by paying
to the System the difference |
| |||||||
| |||||||
1 | between the employee contributions actually paid
for that | ||||||
2 | service and the amounts that would have been contributed | ||||||
3 | if the
applicant were contributing at the rate applicable | ||||||
4 | to persons with the same
social security status earning | ||||||
5 | eligible creditable service on the date of
application.
| ||||||
6 | (18) The term "State highway maintenance worker" means | ||||||
7 | a person who is
either of the following:
| ||||||
8 | (i) A person employed on a full-time basis by the | ||||||
9 | Illinois
Department of Transportation in the position | ||||||
10 | of
highway maintainer,
highway maintenance lead | ||||||
11 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
12 | construction equipment operator,
power shovel | ||||||
13 | operator, or
bridge mechanic; and
whose principal | ||||||
14 | responsibility is to perform, on the roadway, the | ||||||
15 | actual
maintenance necessary to keep the highways that | ||||||
16 | form a part of the State
highway system in serviceable | ||||||
17 | condition for vehicular traffic.
| ||||||
18 | (ii) A person employed on a full-time basis by the | ||||||
19 | Illinois
State Toll Highway Authority in the position | ||||||
20 | of
equipment operator/laborer H-4,
equipment | ||||||
21 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
22 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
23 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
24 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
25 | roadway lighting H-6,
structural H-4,
structural H-6,
| ||||||
26 | painter H-4, or
painter H-6; and
whose principal |
| |||||||
| |||||||
1 | responsibility is to perform, on the roadway, the | ||||||
2 | actual
maintenance necessary to keep the Authority's | ||||||
3 | tollways in serviceable condition
for vehicular | ||||||
4 | traffic.
| ||||||
5 | (19) The term "security employee of the Department of | ||||||
6 | Innovation and Technology" means a person who was a | ||||||
7 | security employee of the Department of Corrections or the | ||||||
8 | Department of Juvenile Justice, was transferred to the | ||||||
9 | Department of Innovation and Technology pursuant to | ||||||
10 | Executive Order 2016-01, and continues to perform similar | ||||||
11 | job functions under that Department. | ||||||
12 | (20) "Transferred employee" means an employee who was | ||||||
13 | transferred to the Department of Central Management | ||||||
14 | Services by Executive Order No. 2003-10 or Executive Order | ||||||
15 | No. 2004-2 or transferred to the Department of Innovation | ||||||
16 | and Technology by Executive Order No. 2016-1, or both, and | ||||||
17 | was entitled to eligible creditable service for services | ||||||
18 | immediately preceding the transfer. | ||||||
19 | (d) A security employee of the Department of Corrections | ||||||
20 | or the Department of Juvenile Justice, a security
employee of | ||||||
21 | the Department of Human Services who is not a mental health | ||||||
22 | police
officer, and a security employee of the Department of | ||||||
23 | Innovation and Technology shall not be eligible for the | ||||||
24 | alternative retirement annuity provided
by this Section unless | ||||||
25 | he or she meets the following minimum age and service
| ||||||
26 | requirements at the time of retirement:
|
| |||||||
| |||||||
1 | (i) 25 years of eligible creditable service and age | ||||||
2 | 55; or
| ||||||
3 | (ii) beginning January 1, 1987, 25 years of eligible | ||||||
4 | creditable service
and age 54, or 24 years of eligible | ||||||
5 | creditable service and age 55; or
| ||||||
6 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
7 | creditable service
and age 53, or 23 years of eligible | ||||||
8 | creditable service and age 55; or
| ||||||
9 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
10 | creditable service
and age 52, or 22 years of eligible | ||||||
11 | creditable service and age 55; or
| ||||||
12 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
13 | creditable service
and age 51, or 21 years of eligible | ||||||
14 | creditable service and age 55; or
| ||||||
15 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
16 | creditable service
and age 50, or 20 years of eligible | ||||||
17 | creditable service and age 55.
| ||||||
18 | Persons who have service credit under Article 16 of this | ||||||
19 | Code for service
as a security employee of the Department of | ||||||
20 | Corrections or the Department of Juvenile Justice, or the | ||||||
21 | Department
of Human Services in a position requiring | ||||||
22 | certification as a teacher may
count such service toward | ||||||
23 | establishing their eligibility under the service
requirements | ||||||
24 | of this Section; but such service may be used only for
| ||||||
25 | establishing such eligibility, and not for the purpose of | ||||||
26 | increasing or
calculating any benefit.
|
| |||||||
| |||||||
1 | (e) If a member enters military service while working in a | ||||||
2 | position in
which eligible creditable service may be earned, | ||||||
3 | and returns to State
service in the same or another such | ||||||
4 | position, and fulfills in all other
respects the conditions | ||||||
5 | prescribed in this Article for credit for military
service, | ||||||
6 | such military service shall be credited as eligible creditable
| ||||||
7 | service for the purposes of the retirement annuity prescribed | ||||||
8 | in this Section.
| ||||||
9 | (f) For purposes of calculating retirement annuities under | ||||||
10 | this
Section, periods of service rendered after December 31, | ||||||
11 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
12 | position of special agent,
conservation police officer, mental | ||||||
13 | health police officer, or investigator
for the Secretary of | ||||||
14 | State, shall be deemed to have been service as a
noncovered | ||||||
15 | employee, provided that the employee pays to the System prior | ||||||
16 | to
retirement an amount equal to (1) the difference between | ||||||
17 | the employee
contributions that would have been required for | ||||||
18 | such service as a
noncovered employee, and the amount of | ||||||
19 | employee contributions actually
paid, plus (2) if payment is | ||||||
20 | made after July 31, 1987, regular interest
on the amount | ||||||
21 | specified in item (1) from the date of service to the date
of | ||||||
22 | payment.
| ||||||
23 | For purposes of calculating retirement annuities under | ||||||
24 | this Section,
periods of service rendered after December 31, | ||||||
25 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
26 | position of investigator for the
Department of Revenue shall |
| |||||||
| |||||||
1 | be deemed to have been service as a noncovered
employee, | ||||||
2 | provided that the employee pays to the System prior to | ||||||
3 | retirement
an amount equal to (1) the difference between the | ||||||
4 | employee contributions
that would have been required for such | ||||||
5 | service as a noncovered employee,
and the amount of employee | ||||||
6 | contributions actually paid, plus (2) if payment
is made after | ||||||
7 | January 1, 1990, regular interest on the amount specified in
| ||||||
8 | item (1) from the date of service to the date of payment.
| ||||||
9 | (g) A State policeman may elect, not later than January 1, | ||||||
10 | 1990, to
establish eligible creditable service for up to 10 | ||||||
11 | years of his service as
a policeman under Article 3, by filing | ||||||
12 | a written election with the Board,
accompanied by payment of | ||||||
13 | an amount to be determined by the Board, equal to
(i) the | ||||||
14 | difference between the amount of employee and employer
| ||||||
15 | contributions transferred to the System under Section 3-110.5, | ||||||
16 | and the
amounts that would have been contributed had such | ||||||
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 | Subject to the limitation in subsection (i), a State | ||||||
22 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
23 | eligible creditable service for
up to 10 years of his service | ||||||
24 | as a member of the County Police Department
under Article 9, by | ||||||
25 | filing a written election with the Board, accompanied
by | ||||||
26 | payment of an amount to be determined by the Board, equal to |
| |||||||
| |||||||
1 | (i) the
difference between the amount of employee and employer | ||||||
2 | contributions
transferred to the System under Section 9-121.10 | ||||||
3 | and the amounts that would
have been contributed had those | ||||||
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 | (h) Subject to the limitation in subsection (i), a State | ||||||
9 | policeman or
investigator for the Secretary of State may elect | ||||||
10 | to establish eligible
creditable service for up to 12 years of | ||||||
11 | his service as a policeman under
Article 5, by filing a written | ||||||
12 | election with the Board on or before January
31, 1992, and | ||||||
13 | paying to the System by January 31, 1994 an amount to be
| ||||||
14 | determined by the Board, equal to (i) the difference between | ||||||
15 | the amount of
employee and employer contributions transferred | ||||||
16 | to the System under Section
5-236, and the amounts that would | ||||||
17 | have been contributed had such
contributions been made at the | ||||||
18 | rates applicable to State policemen, plus
(ii) interest | ||||||
19 | thereon at the effective rate for each year, compounded
| ||||||
20 | annually, from the date of service to the date of payment.
| ||||||
21 | Subject to the limitation in subsection (i), a State | ||||||
22 | policeman,
conservation police officer, or investigator for | ||||||
23 | the Secretary of State may
elect to establish eligible | ||||||
24 | creditable service for up to 10 years of
service as a sheriff's | ||||||
25 | law enforcement employee under Article 7, by filing
a written | ||||||
26 | election with the Board on or before January 31, 1993, and |
| |||||||
| |||||||
1 | paying
to the System by January 31, 1994 an amount to be | ||||||
2 | determined by the Board,
equal to (i) the difference between | ||||||
3 | the amount of employee and
employer contributions transferred | ||||||
4 | to the System under Section
7-139.7, and the amounts that | ||||||
5 | would have been contributed had such
contributions been made | ||||||
6 | at the rates applicable to State policemen, plus
(ii) interest | ||||||
7 | thereon at the effective rate for each year, compounded
| ||||||
8 | annually, from the date of service to the date of payment.
| ||||||
9 | Subject to the limitation in subsection (i), a State | ||||||
10 | policeman,
conservation police officer, or investigator for | ||||||
11 | the Secretary of State may
elect to establish eligible | ||||||
12 | creditable service for up to 5 years of
service as a police | ||||||
13 | officer under Article 3, a policeman under Article 5, a | ||||||
14 | sheriff's law enforcement employee under Article 7, a member | ||||||
15 | of the county police department under Article 9, or a police | ||||||
16 | officer under Article 15 by filing
a written election with the | ||||||
17 | Board and paying
to the System an amount to be determined by | ||||||
18 | the Board,
equal to (i) the difference between the amount of | ||||||
19 | employee and
employer contributions transferred to the System | ||||||
20 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
21 | and the amounts that would have been contributed had such
| ||||||
22 | contributions been made at the rates applicable to State | ||||||
23 | policemen, plus
(ii) interest thereon at the effective rate | ||||||
24 | for each year, compounded
annually, from the date of service | ||||||
25 | to the date of payment. | ||||||
26 | Subject to the limitation in subsection (i), an |
| |||||||
| |||||||
1 | investigator for the Office of the Attorney General, or an | ||||||
2 | investigator for the Department of Revenue, may elect to | ||||||
3 | establish eligible creditable service for up to 5 years of | ||||||
4 | service as a police officer under Article 3, a policeman under | ||||||
5 | Article 5, a sheriff's law enforcement employee under Article | ||||||
6 | 7, or a member of the county police department under Article 9 | ||||||
7 | by filing a written election with the Board within 6 months | ||||||
8 | after August 25, 2009 (the effective date of Public Act | ||||||
9 | 96-745) and paying to the System an amount to be determined by | ||||||
10 | the Board, equal to (i) the difference between the amount of | ||||||
11 | employee and employer contributions transferred to the System | ||||||
12 | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||||||
13 | amounts that would have been contributed had such | ||||||
14 | contributions been made at the rates applicable to State | ||||||
15 | policemen, plus (ii) interest thereon at the actuarially | ||||||
16 | assumed rate for each year, compounded annually, from the date | ||||||
17 | of service to the date of payment. | ||||||
18 | Subject to the limitation in subsection (i), a State | ||||||
19 | policeman, conservation police officer, investigator for the | ||||||
20 | Office of the Attorney General, an investigator for the | ||||||
21 | Department of Revenue, or investigator for the Secretary of | ||||||
22 | State may elect to establish eligible creditable service for | ||||||
23 | up to 5 years of service as a person employed by a | ||||||
24 | participating municipality to perform police duties, or law | ||||||
25 | enforcement officer employed on a full-time basis by a forest | ||||||
26 | preserve district under Article 7, a county corrections |
| |||||||
| |||||||
1 | officer, or a court services officer under Article 9, by | ||||||
2 | filing a written election with the Board within 6 months after | ||||||
3 | August 25, 2009 (the effective date of Public Act 96-745) and | ||||||
4 | paying to the System an amount to be determined by the Board, | ||||||
5 | equal to (i) the difference between the amount of employee and | ||||||
6 | employer contributions transferred to the System under | ||||||
7 | Sections 7-139.8 and 9-121.10 and the amounts that would have | ||||||
8 | been contributed had such contributions been made at the rates | ||||||
9 | applicable to State policemen, plus (ii) interest thereon at | ||||||
10 | the actuarially assumed rate for each year, compounded | ||||||
11 | annually, from the date of service to the date of payment. | ||||||
12 | Subject to the limitation in subsection (i), a State | ||||||
13 | policeman, arson
investigator, or Commerce Commission police | ||||||
14 | officer may elect to establish eligible creditable service for | ||||||
15 | up to 5 years of service as a person employed by a | ||||||
16 | participating municipality to perform police duties under | ||||||
17 | Article 7, a county corrections officer, a court services | ||||||
18 | officer under Article 9, or a firefighter
under Article 4 by | ||||||
19 | filing a written election with the Board within 6 months after | ||||||
20 | July 30, 2021 (the effective date of Public Act 102-210) and | ||||||
21 | paying to the System an amount to be determined by the Board | ||||||
22 | equal to (i) the difference between the amount of employee and | ||||||
23 | employer contributions transferred to the System under | ||||||
24 | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that | ||||||
25 | would have been contributed had such contributions been made | ||||||
26 | at the rates applicable to State policemen, plus (ii) interest |
| |||||||
| |||||||
1 | thereon at the actuarially assumed rate for each year, | ||||||
2 | compounded annually, from the date of service to the date of | ||||||
3 | payment. | ||||||
4 | Subject to the limitation in subsection (i), a | ||||||
5 | conservation police officer may elect to establish eligible | ||||||
6 | creditable service for up to 5 years of service as a person | ||||||
7 | employed by a participating municipality to perform police | ||||||
8 | duties under Article 7, a county corrections officer, or a | ||||||
9 | court services officer under Article 9 by filing a written | ||||||
10 | election with the Board within 6 months after July 30, 2021 | ||||||
11 | (the effective date of Public Act 102-210) and paying to the | ||||||
12 | System an amount to be determined by the Board equal to (i) the | ||||||
13 | difference between the amount of employee and employer | ||||||
14 | contributions transferred to the System under Sections 7-139.8 | ||||||
15 | and 9-121.10 and the amounts that would have been contributed | ||||||
16 | had such contributions been made at the rates applicable to | ||||||
17 | State policemen, plus (ii) interest thereon at the actuarially | ||||||
18 | assumed rate for each year, compounded annually, from the date | ||||||
19 | of service to the date of payment. | ||||||
20 | Notwithstanding the limitation in subsection (i), a State | ||||||
21 | policeman or conservation police officer may elect to convert | ||||||
22 | service credit earned under this Article to eligible | ||||||
23 | creditable service, as defined by this Section, by filing a | ||||||
24 | written election with the board within 6 months after July 30, | ||||||
25 | 2021 (the effective date of Public Act 102-210) and paying to | ||||||
26 | the System an amount to be determined by the Board equal to (i) |
| |||||||
| |||||||
1 | the difference between the amount of employee contributions | ||||||
2 | originally paid for that service and the amounts that would | ||||||
3 | have been contributed had such contributions been made at the | ||||||
4 | rates applicable to State policemen, plus (ii) the difference | ||||||
5 | between the employer's normal cost of the credit prior to the | ||||||
6 | conversion authorized by Public Act 102-210 and the employer's | ||||||
7 | normal cost of the credit converted in accordance with Public | ||||||
8 | Act 102-210, plus (iii) interest thereon at the actuarially | ||||||
9 | assumed rate for each year, compounded annually, from the date | ||||||
10 | of service to the date of payment. | ||||||
11 | (i) The total amount of eligible creditable service | ||||||
12 | established by any
person under subsections (g), (h), (j), | ||||||
13 | (k), (l), (l-5), and (o) of this
Section shall not exceed 12 | ||||||
14 | years.
| ||||||
15 | (j) Subject to the limitation in subsection (i), an | ||||||
16 | investigator for
the Office of the State's Attorneys Appellate | ||||||
17 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
18 | establish eligible creditable service for up to 10 years of | ||||||
19 | his service as
a policeman under Article 3 or a sheriff's law | ||||||
20 | enforcement employee under
Article 7, by filing a written | ||||||
21 | election with the Board, accompanied by
payment of an amount | ||||||
22 | to be determined by the Board, equal to (1) the
difference | ||||||
23 | between the amount of employee and employer contributions
| ||||||
24 | transferred to the System under Section 3-110.6 or 7-139.8, | ||||||
25 | and the amounts
that would have been contributed had such | ||||||
26 | contributions been made at the
rates applicable to State |
| |||||||
| |||||||
1 | policemen, plus (2) interest thereon at the
effective rate for | ||||||
2 | each year, compounded annually, from the date of service
to | ||||||
3 | the date of payment.
| ||||||
4 | (k) Subject to the limitation in subsection (i) of this | ||||||
5 | Section, an
alternative formula employee may elect to | ||||||
6 | establish eligible creditable
service for periods spent as a | ||||||
7 | full-time law enforcement officer or full-time
corrections | ||||||
8 | officer employed by the federal government or by a state or | ||||||
9 | local
government located outside of Illinois, for which credit | ||||||
10 | is not held in any
other public employee pension fund or | ||||||
11 | retirement system. To obtain this
credit, the applicant must | ||||||
12 | file a written application with the Board by March
31, 1998, | ||||||
13 | accompanied by evidence of eligibility acceptable to the Board | ||||||
14 | and
payment of an amount to be determined by the Board, equal | ||||||
15 | to (1) employee
contributions for the credit being | ||||||
16 | established, based upon the applicant's
salary on the first | ||||||
17 | day as an alternative formula employee after the employment
| ||||||
18 | for which credit is being established and the rates then | ||||||
19 | applicable to
alternative formula employees, plus (2) an | ||||||
20 | amount determined by the Board
to be the employer's normal | ||||||
21 | cost of the benefits accrued for the credit being
established, | ||||||
22 | plus (3) regular interest on the amounts in items (1) and (2) | ||||||
23 | from
the first day as an alternative formula employee after | ||||||
24 | the employment for which
credit is being established to the | ||||||
25 | date of payment.
| ||||||
26 | (l) Subject to the limitation in subsection (i), a |
| |||||||
| |||||||
1 | security employee of
the Department of Corrections may elect, | ||||||
2 | not later than July 1, 1998, to
establish eligible creditable | ||||||
3 | service for up to 10 years of his or her service
as a policeman | ||||||
4 | under Article 3, by filing a written election with the Board,
| ||||||
5 | accompanied by payment of an amount to be determined by the | ||||||
6 | Board, equal to
(i) the difference between the amount of | ||||||
7 | employee and employer contributions
transferred to the System | ||||||
8 | under Section 3-110.5, and the amounts that would
have been | ||||||
9 | contributed had such contributions been made at the rates | ||||||
10 | applicable
to security employees of the Department of | ||||||
11 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
12 | for each year, compounded annually, from the date
of service | ||||||
13 | to the date of payment.
| ||||||
14 | (l-5) Subject to the limitation in subsection (i) of this | ||||||
15 | Section, a State policeman may elect to establish eligible | ||||||
16 | creditable service for up to 5 years of service as a full-time | ||||||
17 | law enforcement officer employed by the federal government or | ||||||
18 | by a state or local government located outside of Illinois for | ||||||
19 | which credit is not held in any other public employee pension | ||||||
20 | fund or retirement system. To obtain this credit, the | ||||||
21 | applicant must file a written application with the Board no | ||||||
22 | later than 3 years after January 1, 2020 (the effective date of | ||||||
23 | Public Act 101-610), accompanied by evidence of eligibility | ||||||
24 | acceptable to the Board and payment of an amount to be | ||||||
25 | determined by the Board, equal to (1) employee contributions | ||||||
26 | for the credit being established, based upon the applicant's |
| |||||||
| |||||||
1 | salary on the first day as an alternative formula employee | ||||||
2 | after the employment for which credit is being established and | ||||||
3 | the rates then applicable to alternative formula employees, | ||||||
4 | plus (2) an amount determined by the Board to be the employer's | ||||||
5 | normal cost of the benefits accrued for the credit being | ||||||
6 | established, plus (3) regular interest on the amounts in items | ||||||
7 | (1) and (2) from the first day as an alternative formula | ||||||
8 | employee after the employment for which credit is being | ||||||
9 | established to the date of payment. | ||||||
10 | (m) The amendatory changes to this Section made by Public | ||||||
11 | Act 94-696 apply only to: (1) security employees of the | ||||||
12 | Department of Juvenile Justice employed by the Department of | ||||||
13 | Corrections before June 1, 2006 (the effective date of Public | ||||||
14 | Act 94-696) and transferred to the Department of Juvenile | ||||||
15 | Justice by Public Act 94-696; and (2) persons employed by the | ||||||
16 | Department of Juvenile Justice on or after June 1, 2006 (the | ||||||
17 | effective date of Public Act 94-696) who are required by | ||||||
18 | subsection (b) of Section 3-2.5-15 of the Unified Code of | ||||||
19 | Corrections to have any bachelor's or advanced degree from an | ||||||
20 | accredited college or university or, in the case of persons | ||||||
21 | who provide vocational training, who are required to have | ||||||
22 | adequate knowledge in the skill for which they are providing | ||||||
23 | the vocational training.
| ||||||
24 | (n) A person employed in a position under subsection (b) | ||||||
25 | of this Section who has purchased service credit under | ||||||
26 | subsection (j) of Section 14-104 or subsection (b) of Section |
| |||||||
| |||||||
1 | 14-105 in any other capacity under this Article may convert up | ||||||
2 | to 5 years of that service credit into service credit covered | ||||||
3 | under this Section by paying to the Fund an amount equal to (1) | ||||||
4 | the additional employee contribution required under Section | ||||||
5 | 14-133, plus (2) the additional employer contribution required | ||||||
6 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
7 | the actuarially assumed rate from the date of the service to | ||||||
8 | the date of payment. | ||||||
9 | (o) Subject to the limitation in subsection (i), a | ||||||
10 | conservation police officer, investigator for the Secretary of | ||||||
11 | State, Commerce Commission police officer, investigator for | ||||||
12 | the Department of Revenue or the
Illinois Gaming Board, or | ||||||
13 | arson investigator subject to subsection (g) of Section 1-160 | ||||||
14 | may elect to convert up to 8 years of service credit | ||||||
15 | established before January 1, 2020 (the effective date of | ||||||
16 | Public Act 101-610) as a conservation police officer, | ||||||
17 | investigator for the Secretary of State, Commerce Commission | ||||||
18 | police officer, investigator for the Department of Revenue or | ||||||
19 | the
Illinois Gaming Board, or arson investigator under this | ||||||
20 | Article into eligible creditable service by filing a written | ||||||
21 | election with the Board no later than one year after January 1, | ||||||
22 | 2020 (the effective date of Public Act 101-610), accompanied | ||||||
23 | by payment of an amount to be determined by the Board equal to | ||||||
24 | (i) the difference between the amount of the employee | ||||||
25 | contributions actually paid for that service and the amount of | ||||||
26 | the employee contributions that would have been paid had the |
| |||||||
| |||||||
1 | employee contributions been made as a noncovered employee | ||||||
2 | serving in a position in which eligible creditable service, as | ||||||
3 | defined in this Section, may be earned, plus (ii) interest | ||||||
4 | thereon at the effective rate for each year, compounded | ||||||
5 | annually, from the date of service to the date of payment. | ||||||
6 | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; | ||||||
7 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
8 | (Text of Section from P.A. 102-856) | ||||||
9 | Sec. 14-110. Alternative retirement annuity.
| ||||||
10 | (a) Any member who has withdrawn from service with not | ||||||
11 | less than 20
years of eligible creditable service and has | ||||||
12 | attained age 55, and any
member who has withdrawn from service | ||||||
13 | with not less than 25 years of
eligible creditable service and | ||||||
14 | has attained age 50, regardless of whether
the attainment of | ||||||
15 | either of the specified ages occurs while the member is
still | ||||||
16 | in service, shall be entitled to receive at the option of the | ||||||
17 | member,
in lieu of the regular or minimum retirement annuity, | ||||||
18 | a retirement annuity
computed as follows:
| ||||||
19 | (i) for periods of service as a noncovered employee:
| ||||||
20 | if retirement occurs on or after January 1, 2001, 3% of | ||||||
21 | final
average compensation for each year of creditable | ||||||
22 | service; if retirement occurs
before January 1, 2001, 2 | ||||||
23 | 1/4% of final average compensation for each of the
first | ||||||
24 | 10 years of creditable service, 2 1/2% for each year above | ||||||
25 | 10 years to
and including 20 years of creditable service, |
| |||||||
| |||||||
1 | and 2 3/4% for each year of
creditable service above 20 | ||||||
2 | years; and
| ||||||
3 | (ii) for periods of eligible creditable service as a | ||||||
4 | covered employee:
if retirement occurs on or after January | ||||||
5 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
6 | of creditable service; if retirement occurs before
January | ||||||
7 | 1, 2001, 1.67% of final average compensation for each of | ||||||
8 | the first
10 years of such service, 1.90% for each of the | ||||||
9 | next 10 years of such service,
2.10% for each year of such | ||||||
10 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
11 | each year in excess of 30.
| ||||||
12 | Such annuity shall be subject to a maximum of 75% of final | ||||||
13 | average
compensation if retirement occurs before January 1, | ||||||
14 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
15 | retirement occurs on or after January
1, 2001.
| ||||||
16 | These rates shall not be applicable to any service | ||||||
17 | performed
by a member as a covered employee which is not | ||||||
18 | eligible creditable service.
Service as a covered employee | ||||||
19 | which is not eligible creditable service
shall be subject to | ||||||
20 | the rates and provisions of Section 14-108.
| ||||||
21 | (b) For the purpose of this Section, "eligible creditable | ||||||
22 | service" means
creditable service resulting from service in | ||||||
23 | one or more of the following
positions:
| ||||||
24 | (1) State policeman;
| ||||||
25 | (2) fire fighter in the fire protection service of a | ||||||
26 | department;
|
| |||||||
| |||||||
1 | (3) air pilot;
| ||||||
2 | (4) special agent;
| ||||||
3 | (5) investigator for the Secretary of State;
| ||||||
4 | (6) conservation police officer;
| ||||||
5 | (7) investigator for the Department of Revenue or the | ||||||
6 | Illinois Gaming Board;
| ||||||
7 | (8) security employee of the Department of Human | ||||||
8 | Services;
| ||||||
9 | (9) Central Management Services security police | ||||||
10 | officer;
| ||||||
11 | (10) security employee of the Department of | ||||||
12 | Corrections or the Department of Juvenile Justice;
| ||||||
13 | (11) dangerous drugs investigator;
| ||||||
14 | (12) investigator for the Illinois State Police;
| ||||||
15 | (13) investigator for the Office of the Attorney | ||||||
16 | General;
| ||||||
17 | (14) controlled substance inspector;
| ||||||
18 | (15) investigator for the Office of the State's | ||||||
19 | Attorneys Appellate
Prosecutor;
| ||||||
20 | (16) Commerce Commission police officer;
| ||||||
21 | (17) arson investigator;
| ||||||
22 | (18) State highway maintenance worker;
| ||||||
23 | (19) security employee of the Department of Innovation | ||||||
24 | and Technology; or | ||||||
25 | (20) transferred employee. | ||||||
26 | A person employed in one of the positions specified in |
| |||||||
| |||||||
1 | this subsection is
entitled to eligible creditable service for | ||||||
2 | service credit earned under this
Article while undergoing the | ||||||
3 | basic police training course approved by the
Illinois Law | ||||||
4 | Enforcement Training
Standards Board, if
completion of that | ||||||
5 | training is required of persons serving in that position.
For | ||||||
6 | the purposes of this Code, service during the required basic | ||||||
7 | police
training course shall be deemed performance of the | ||||||
8 | duties of the specified
position, even though the person is | ||||||
9 | not a sworn peace officer at the time of
the training.
| ||||||
10 | A person under paragraph (20) is entitled to eligible | ||||||
11 | creditable service for service credit earned under this | ||||||
12 | Article on and after his or her transfer by Executive Order No. | ||||||
13 | 2003-10, Executive Order No. 2004-2, or Executive Order No. | ||||||
14 | 2016-1. | ||||||
15 | (c) For the purposes of this Section:
| ||||||
16 | (1) The term "State policeman" includes any title or | ||||||
17 | position
in the Illinois State Police that is held by an | ||||||
18 | individual employed
under the Illinois State Police Act.
| ||||||
19 | (2) The term "fire fighter in the fire protection | ||||||
20 | service of a
department" includes all officers in such | ||||||
21 | fire protection service
including fire chiefs and | ||||||
22 | assistant fire chiefs.
| ||||||
23 | (3) The term "air pilot" includes any employee whose | ||||||
24 | official job
description on file in the Department of | ||||||
25 | Central Management Services, or
in the department by which | ||||||
26 | he is employed if that department is not covered
by the |
| |||||||
| |||||||
1 | Personnel Code, states that his principal duty is the | ||||||
2 | operation of
aircraft, and who possesses a pilot's | ||||||
3 | license; however, the change in this
definition made by | ||||||
4 | Public Act 83-842 shall not operate to exclude
any | ||||||
5 | noncovered employee who was an "air pilot" for the | ||||||
6 | purposes of this
Section on January 1, 1984.
| ||||||
7 | (4) The term "special agent" means any person who by | ||||||
8 | reason of
employment by the Division of Narcotic Control, | ||||||
9 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
10 | Division of Criminal Investigation, the
Division of | ||||||
11 | Internal Investigation, the Division of Operations, the | ||||||
12 | Division of Patrol Operations , or any
other Division or | ||||||
13 | organizational
entity in the Illinois State Police is | ||||||
14 | vested by law with duties to
maintain public order, | ||||||
15 | investigate violations of the criminal law of this
State, | ||||||
16 | enforce the laws of this State, make arrests and recover | ||||||
17 | property.
The term "special agent" includes any title or | ||||||
18 | position in the Illinois State Police that is held by an | ||||||
19 | individual employed under the Illinois State
Police Act.
| ||||||
20 | (5) The term "investigator for the Secretary of State" | ||||||
21 | means any person
employed by the Office of the Secretary | ||||||
22 | of State and vested with such
investigative duties as | ||||||
23 | render him ineligible for coverage under the Social
| ||||||
24 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
25 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
26 | A person who became employed as an investigator for |
| |||||||
| |||||||
1 | the Secretary of
State between January 1, 1967 and | ||||||
2 | December 31, 1975, and who has served as
such until | ||||||
3 | attainment of age 60, either continuously or with a single | ||||||
4 | break
in service of not more than 3 years duration, which | ||||||
5 | break terminated before
January 1, 1976, shall be entitled | ||||||
6 | to have his retirement annuity
calculated in accordance | ||||||
7 | with subsection (a), notwithstanding
that he has less than | ||||||
8 | 20 years of credit for such service.
| ||||||
9 | (6) The term "Conservation Police Officer" means any | ||||||
10 | person employed
by the Division of Law Enforcement of the | ||||||
11 | Department of Natural Resources and
vested with such law | ||||||
12 | enforcement duties as render him ineligible for coverage
| ||||||
13 | under the Social Security Act by reason of Sections | ||||||
14 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
15 | term "Conservation Police Officer" includes
the positions | ||||||
16 | of Chief Conservation Police Administrator and Assistant
| ||||||
17 | Conservation Police Administrator.
| ||||||
18 | (7) The term "investigator for the Department of | ||||||
19 | Revenue" means any
person employed by the Department of | ||||||
20 | Revenue and vested with such
investigative duties as | ||||||
21 | render him ineligible for coverage under the Social
| ||||||
22 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
23 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
24 | The term "investigator for the Illinois Gaming Board" | ||||||
25 | means any
person employed as such by the Illinois Gaming | ||||||
26 | Board and vested with such
peace officer duties as render |
| |||||||
| |||||||
1 | the person 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 | (8) The term "security employee of the Department of | ||||||
5 | Human Services"
means any person employed by the | ||||||
6 | Department of Human Services who (i) is
employed at the | ||||||
7 | Chester Mental Health Center and has daily contact with | ||||||
8 | the
residents thereof, (ii) is employed within a security | ||||||
9 | unit at a facility
operated by the Department and has | ||||||
10 | daily contact with the residents of the
security unit, | ||||||
11 | (iii) is employed at a facility operated by the Department
| ||||||
12 | that includes a security unit and is regularly scheduled | ||||||
13 | to work at least
50% of his or her working hours within | ||||||
14 | that security unit, or (iv) is a mental health police | ||||||
15 | officer.
"Mental health police officer" means any person | ||||||
16 | employed by the Department of
Human Services in a position | ||||||
17 | pertaining to the Department's mental health and
| ||||||
18 | developmental disabilities functions who is vested with | ||||||
19 | such law enforcement
duties as render the person | ||||||
20 | ineligible for coverage under the Social Security
Act by | ||||||
21 | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
22 | 218(l)(1) of that
Act. "Security unit" means that portion | ||||||
23 | of a facility that is devoted to
the care, containment, | ||||||
24 | and treatment of persons committed to the Department of
| ||||||
25 | Human Services as sexually violent persons, persons unfit | ||||||
26 | to stand trial, or
persons not guilty by reason of |
| |||||||
| |||||||
1 | insanity. With respect to past employment,
references to | ||||||
2 | the Department of Human Services include its predecessor, | ||||||
3 | the
Department of Mental Health and Developmental | ||||||
4 | Disabilities.
| ||||||
5 | The changes made to this subdivision (c)(8) by Public | ||||||
6 | Act 92-14 apply to persons who retire on or after January | ||||||
7 | 1,
2001, notwithstanding Section 1-103.1.
| ||||||
8 | (9) "Central Management Services security police | ||||||
9 | officer" means any
person employed by the Department of | ||||||
10 | Central Management Services who is
vested with such law | ||||||
11 | enforcement duties as render him ineligible for
coverage | ||||||
12 | under the Social Security Act by reason of Sections | ||||||
13 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
14 | (10) For a member who first became an employee under | ||||||
15 | this Article before July 1, 2005, the term "security | ||||||
16 | employee of the Department of Corrections or the | ||||||
17 | Department of Juvenile Justice"
means any employee of the | ||||||
18 | Department of Corrections or the Department of Juvenile | ||||||
19 | Justice or the former
Department of Personnel, and any | ||||||
20 | member or employee of the Prisoner
Review Board, who has | ||||||
21 | daily contact with inmates or youth by working within a
| ||||||
22 | correctional facility or Juvenile facility operated by the | ||||||
23 | Department of Juvenile Justice or who is a parole officer | ||||||
24 | or an employee who has
direct contact with committed | ||||||
25 | persons in the performance of his or her
job duties. For a | ||||||
26 | member who first becomes an employee under this Article on |
| |||||||
| |||||||
1 | or after July 1, 2005, the term means an employee of the | ||||||
2 | Department of Corrections or the Department of Juvenile | ||||||
3 | Justice who is any of the following: (i) officially | ||||||
4 | headquartered at a correctional facility or Juvenile | ||||||
5 | facility operated by the Department of Juvenile Justice, | ||||||
6 | (ii) a parole officer, (iii) a member of the apprehension | ||||||
7 | unit, (iv) a member of the intelligence unit, (v) a member | ||||||
8 | of the sort team, or (vi) an investigator.
| ||||||
9 | (11) The term "dangerous drugs investigator" means any | ||||||
10 | person who is
employed as such by the Department of Human | ||||||
11 | Services.
| ||||||
12 | (12) The term "investigator for the Illinois State | ||||||
13 | Police" means
a person employed by the Illinois State | ||||||
14 | Police who is vested under
Section 4 of the Narcotic | ||||||
15 | Control Division Abolition Act with such
law enforcement | ||||||
16 | powers as render him ineligible for coverage under the
| ||||||
17 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
18 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
19 | (13) "Investigator for the Office of the Attorney | ||||||
20 | General" means any
person who is employed as such by the | ||||||
21 | Office of the Attorney General and
is vested with such | ||||||
22 | investigative duties as render him ineligible for
coverage | ||||||
23 | under the Social Security Act by reason of Sections | ||||||
24 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||||||
25 | the period before January 1,
1989, the term includes all | ||||||
26 | persons who were employed as investigators by the
Office |
| |||||||
| |||||||
1 | of the Attorney General, without regard to social security | ||||||
2 | status.
| ||||||
3 | (14) "Controlled substance inspector" means any person | ||||||
4 | who is employed
as such by the Department of Professional | ||||||
5 | Regulation and is vested with such
law enforcement duties | ||||||
6 | as render him 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. The term | ||||||
9 | "controlled substance inspector" includes the Program
| ||||||
10 | Executive of Enforcement and the Assistant Program | ||||||
11 | Executive of Enforcement.
| ||||||
12 | (15) The term "investigator for the Office of the | ||||||
13 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
14 | employed in that capacity on a full-time basis under the | ||||||
15 | authority of Section 7.06 of the State's Attorneys
| ||||||
16 | Appellate Prosecutor's Act.
| ||||||
17 | (16) "Commerce Commission police officer" means any | ||||||
18 | person employed
by the Illinois Commerce Commission who is | ||||||
19 | vested with such law
enforcement duties as render him | ||||||
20 | ineligible for coverage under the Social
Security Act by | ||||||
21 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
22 | 218(l)(1) of that Act.
| ||||||
23 | (17) "Arson investigator" means any person who is | ||||||
24 | employed as such by
the Office of the State Fire Marshal | ||||||
25 | and is vested with such law enforcement
duties as render | ||||||
26 | the person ineligible for coverage under the Social |
| |||||||
| |||||||
1 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
2 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
3 | employed as an arson
investigator on January 1, 1995 and | ||||||
4 | is no longer in service but not yet
receiving a retirement | ||||||
5 | annuity may convert his or her creditable service for
| ||||||
6 | employment as an arson investigator into eligible | ||||||
7 | creditable service by paying
to the System the difference | ||||||
8 | between the employee contributions actually paid
for that | ||||||
9 | service and the amounts that would have been contributed | ||||||
10 | if the
applicant were contributing at the rate applicable | ||||||
11 | to persons with the same
social security status earning | ||||||
12 | eligible creditable service on the date of
application.
| ||||||
13 | (18) The term "State highway maintenance worker" means | ||||||
14 | a person who is
either of the following:
| ||||||
15 | (i) A person employed on a full-time basis by the | ||||||
16 | Illinois
Department of Transportation in the position | ||||||
17 | of
highway maintainer,
highway maintenance lead | ||||||
18 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
19 | construction equipment operator,
power shovel | ||||||
20 | operator, or
bridge mechanic; and
whose principal | ||||||
21 | responsibility is to perform, on the roadway, the | ||||||
22 | actual
maintenance necessary to keep the highways that | ||||||
23 | form a part of the State
highway system in serviceable | ||||||
24 | condition for vehicular traffic.
| ||||||
25 | (ii) A person employed on a full-time basis by the | ||||||
26 | Illinois
State Toll Highway Authority in the position |
| |||||||
| |||||||
1 | of
equipment operator/laborer H-4,
equipment | ||||||
2 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
3 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
4 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
5 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
6 | roadway lighting H-6,
structural H-4,
structural H-6,
| ||||||
7 | painter H-4, or
painter H-6; and
whose principal | ||||||
8 | responsibility is to perform, on the roadway, the | ||||||
9 | actual
maintenance necessary to keep the Authority's | ||||||
10 | tollways in serviceable condition
for vehicular | ||||||
11 | traffic.
| ||||||
12 | (19) The term "security employee of the Department of | ||||||
13 | Innovation and Technology" means a person who was a | ||||||
14 | security employee of the Department of Corrections or the | ||||||
15 | Department of Juvenile Justice, was transferred to the | ||||||
16 | Department of Innovation and Technology pursuant to | ||||||
17 | Executive Order 2016-01, and continues to perform similar | ||||||
18 | job functions under that Department. | ||||||
19 | (20) "Transferred employee" means an employee who was | ||||||
20 | transferred to the Department of Central Management | ||||||
21 | Services by Executive Order No. 2003-10 or Executive Order | ||||||
22 | No. 2004-2 or transferred to the Department of Innovation | ||||||
23 | and Technology by Executive Order No. 2016-1, or both, and | ||||||
24 | was entitled to eligible creditable service for services | ||||||
25 | immediately preceding the transfer. | ||||||
26 | (d) A security employee of the Department of Corrections |
| |||||||
| |||||||
1 | or the Department of Juvenile Justice, a security
employee of | ||||||
2 | the Department of Human Services who is not a mental health | ||||||
3 | police
officer, and a security employee of the Department of | ||||||
4 | Innovation and Technology shall not be eligible for the | ||||||
5 | alternative retirement annuity provided
by this Section unless | ||||||
6 | he or she meets the following minimum age and service
| ||||||
7 | requirements at the time of retirement:
| ||||||
8 | (i) 25 years of eligible creditable service and age | ||||||
9 | 55; or
| ||||||
10 | (ii) beginning January 1, 1987, 25 years of eligible | ||||||
11 | creditable service
and age 54, or 24 years of eligible | ||||||
12 | creditable service and age 55; or
| ||||||
13 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
14 | creditable service
and age 53, or 23 years of eligible | ||||||
15 | creditable service and age 55; or
| ||||||
16 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
17 | creditable service
and age 52, or 22 years of eligible | ||||||
18 | creditable service and age 55; or
| ||||||
19 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
20 | creditable service
and age 51, or 21 years of eligible | ||||||
21 | creditable service and age 55; or
| ||||||
22 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
23 | creditable service
and age 50, or 20 years of eligible | ||||||
24 | creditable service and age 55.
| ||||||
25 | Persons who have service credit under Article 16 of this | ||||||
26 | Code for service
as a security employee of the Department of |
| |||||||
| |||||||
1 | Corrections or the Department of Juvenile Justice, or the | ||||||
2 | Department
of Human Services in a position requiring | ||||||
3 | certification as a teacher may
count such service toward | ||||||
4 | establishing their eligibility under the service
requirements | ||||||
5 | of this Section; but such service may be used only for
| ||||||
6 | establishing such eligibility, and not for the purpose of | ||||||
7 | increasing or
calculating any benefit.
| ||||||
8 | (e) If a member enters military service while working in a | ||||||
9 | position in
which eligible creditable service may be earned, | ||||||
10 | and returns to State
service in the same or another such | ||||||
11 | position, and fulfills in all other
respects the conditions | ||||||
12 | prescribed in this Article for credit for military
service, | ||||||
13 | such military service shall be credited as eligible creditable
| ||||||
14 | service for the purposes of the retirement annuity prescribed | ||||||
15 | in this Section.
| ||||||
16 | (f) For purposes of calculating retirement annuities under | ||||||
17 | this
Section, periods of service rendered after December 31, | ||||||
18 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
19 | position of special agent,
conservation police officer, mental | ||||||
20 | health police officer, or investigator
for the Secretary of | ||||||
21 | State, shall be deemed to have been service as a
noncovered | ||||||
22 | employee, provided that the employee pays to the System prior | ||||||
23 | to
retirement an amount equal to (1) the difference between | ||||||
24 | the employee
contributions that would have been required for | ||||||
25 | such service as a
noncovered employee, and the amount of | ||||||
26 | employee contributions actually
paid, plus (2) if payment is |
| |||||||
| |||||||
1 | made after July 31, 1987, regular interest
on the amount | ||||||
2 | specified in item (1) from the date of service to the date
of | ||||||
3 | payment.
| ||||||
4 | For purposes of calculating retirement annuities under | ||||||
5 | this Section,
periods of service rendered after December 31, | ||||||
6 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
7 | position of investigator for the
Department of Revenue shall | ||||||
8 | be deemed to have been service as a noncovered
employee, | ||||||
9 | provided that the employee pays to the System prior to | ||||||
10 | retirement
an amount equal to (1) the difference between the | ||||||
11 | employee contributions
that would have been required for such | ||||||
12 | service as a noncovered employee,
and the amount of employee | ||||||
13 | contributions actually paid, plus (2) if payment
is made after | ||||||
14 | January 1, 1990, regular interest on the amount specified in
| ||||||
15 | item (1) from the date of service to the date of payment.
| ||||||
16 | (g) A State policeman may elect, not later than January 1, | ||||||
17 | 1990, to
establish eligible creditable service for up to 10 | ||||||
18 | years of his service as
a policeman under Article 3, by filing | ||||||
19 | a written election with the Board,
accompanied by payment of | ||||||
20 | an amount to be determined by the Board, equal to
(i) the | ||||||
21 | difference between the amount of employee and employer
| ||||||
22 | contributions transferred to the System under Section 3-110.5, | ||||||
23 | and the
amounts that would have been contributed had such | ||||||
24 | contributions been made
at the rates applicable to State | ||||||
25 | policemen, plus (ii) interest thereon at
the effective rate | ||||||
26 | for each year, compounded annually, from the date of
service |
| |||||||
| |||||||
1 | to the date of payment.
| ||||||
2 | Subject to the limitation in subsection (i), a State | ||||||
3 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
4 | eligible creditable service for
up to 10 years of his service | ||||||
5 | as a member of the County Police Department
under Article 9, by | ||||||
6 | filing a written election with the Board, accompanied
by | ||||||
7 | payment of an amount to be determined by the Board, equal to | ||||||
8 | (i) the
difference between the amount of employee and employer | ||||||
9 | contributions
transferred to the System under Section 9-121.10 | ||||||
10 | and the amounts that would
have been contributed had those | ||||||
11 | contributions been made at the rates
applicable to State | ||||||
12 | policemen, plus (ii) interest thereon at the effective
rate | ||||||
13 | for each year, compounded annually, from the date of service | ||||||
14 | to the
date of payment.
| ||||||
15 | (h) Subject to the limitation in subsection (i), a State | ||||||
16 | policeman or
investigator for the Secretary of State may elect | ||||||
17 | to establish eligible
creditable service for up to 12 years of | ||||||
18 | his service as a policeman under
Article 5, by filing a written | ||||||
19 | election with the Board on or before January
31, 1992, and | ||||||
20 | paying to the System by January 31, 1994 an amount to be
| ||||||
21 | determined by the Board, equal to (i) the difference between | ||||||
22 | the amount of
employee and employer contributions transferred | ||||||
23 | to the System under Section
5-236, and the amounts that would | ||||||
24 | have been contributed had such
contributions been made at the | ||||||
25 | rates applicable to State policemen, plus
(ii) interest | ||||||
26 | thereon at the effective rate for each year, compounded
|
| |||||||
| |||||||
1 | annually, from the date of service to the date of payment.
| ||||||
2 | Subject to the limitation in subsection (i), a State | ||||||
3 | policeman,
conservation police officer, or investigator for | ||||||
4 | the Secretary of State may
elect to establish eligible | ||||||
5 | creditable service for up to 10 years of
service as a sheriff's | ||||||
6 | law enforcement employee under Article 7, by filing
a written | ||||||
7 | election with the Board on or before January 31, 1993, and | ||||||
8 | paying
to the System by January 31, 1994 an amount to be | ||||||
9 | determined by the Board,
equal to (i) the difference between | ||||||
10 | the amount of employee and
employer contributions transferred | ||||||
11 | to the System under Section
7-139.7, and the amounts that | ||||||
12 | would have been contributed had such
contributions been made | ||||||
13 | at the rates applicable to State policemen, plus
(ii) interest | ||||||
14 | thereon at the effective rate for each year, compounded
| ||||||
15 | annually, from the date of service to the date of payment.
| ||||||
16 | Subject to the limitation in subsection (i), a State | ||||||
17 | policeman,
conservation police officer, or investigator for | ||||||
18 | the Secretary of State may
elect to establish eligible | ||||||
19 | creditable service for up to 5 years of
service as a police | ||||||
20 | officer under Article 3, a policeman under Article 5, a | ||||||
21 | sheriff's law enforcement employee under Article 7, a member | ||||||
22 | of the county police department under Article 9, or a police | ||||||
23 | officer under Article 15 by filing
a written election with the | ||||||
24 | Board and paying
to the System an amount to be determined by | ||||||
25 | the Board,
equal to (i) the difference between the amount of | ||||||
26 | employee and
employer contributions transferred to the System |
| |||||||
| |||||||
1 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
2 | and the amounts that would have been contributed had such
| ||||||
3 | contributions been made at the rates applicable to State | ||||||
4 | policemen, plus
(ii) interest thereon at the effective rate | ||||||
5 | for each year, compounded
annually, from the date of service | ||||||
6 | to the date of payment. | ||||||
7 | Subject to the limitation in subsection (i), an | ||||||
8 | investigator for the Office of the Attorney General, or an | ||||||
9 | investigator for the Department of Revenue, may elect to | ||||||
10 | establish eligible creditable service for up to 5 years of | ||||||
11 | service as a police officer under Article 3, a policeman under | ||||||
12 | Article 5, a sheriff's law enforcement employee under Article | ||||||
13 | 7, or a member of the county police department under Article 9 | ||||||
14 | by filing a written election with the Board within 6 months | ||||||
15 | after August 25, 2009 (the effective date of Public Act | ||||||
16 | 96-745) and paying to the System an amount to be determined by | ||||||
17 | the Board, equal to (i) the difference between the amount of | ||||||
18 | employee and employer contributions transferred to the System | ||||||
19 | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||||||
20 | amounts that would have been contributed had such | ||||||
21 | contributions been made at the rates applicable to State | ||||||
22 | policemen, plus (ii) interest thereon at the actuarially | ||||||
23 | assumed rate for each year, compounded annually, from the date | ||||||
24 | of service to the date of payment. | ||||||
25 | Subject to the limitation in subsection (i), a State | ||||||
26 | policeman, conservation police officer, investigator for the |
| |||||||
| |||||||
1 | Office of the Attorney General, an investigator for the | ||||||
2 | Department of Revenue, or investigator for the Secretary of | ||||||
3 | State may elect to establish eligible creditable service for | ||||||
4 | up to 5 years of service as a person employed by a | ||||||
5 | participating municipality to perform police duties, or law | ||||||
6 | enforcement officer employed on a full-time basis by a forest | ||||||
7 | preserve district under Article 7, a county corrections | ||||||
8 | officer, or a court services officer under Article 9, by | ||||||
9 | filing a written election with the Board within 6 months after | ||||||
10 | August 25, 2009 (the effective date of Public Act 96-745) and | ||||||
11 | paying to the System an amount to be determined by the Board, | ||||||
12 | equal to (i) the difference between the amount of employee and | ||||||
13 | employer contributions transferred to the System under | ||||||
14 | Sections 7-139.8 and 9-121.10 and the amounts that would have | ||||||
15 | been contributed had such contributions been made at the rates | ||||||
16 | applicable to State policemen, plus (ii) interest thereon at | ||||||
17 | the actuarially assumed rate for each year, compounded | ||||||
18 | annually, from the date of service to the date of payment. | ||||||
19 | Subject to the limitation in subsection (i), a State | ||||||
20 | policeman, arson
investigator, or Commerce Commission police | ||||||
21 | officer may elect to establish eligible creditable service for | ||||||
22 | up to 5 years of service as a person employed by a | ||||||
23 | participating municipality to perform police duties under | ||||||
24 | Article 7, a county corrections officer, a court services | ||||||
25 | officer under Article 9, or a firefighter
under Article 4 by | ||||||
26 | filing a written election with the Board within 6 months after |
| |||||||
| |||||||
1 | July 30, 2021 (the effective date of Public Act 102-210) and | ||||||
2 | paying to the System an amount to be determined by the Board | ||||||
3 | equal to (i) the difference between the amount of employee and | ||||||
4 | employer contributions transferred to the System under | ||||||
5 | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that | ||||||
6 | would have been contributed had such contributions been made | ||||||
7 | at the rates applicable to State policemen, plus (ii) interest | ||||||
8 | thereon at the actuarially assumed rate for each year, | ||||||
9 | compounded annually, from the date of service to the date of | ||||||
10 | payment. | ||||||
11 | Subject to the limitation in subsection (i), a | ||||||
12 | conservation police officer may elect to establish eligible | ||||||
13 | creditable service for up to 5 years of service as a person | ||||||
14 | employed by a participating municipality to perform police | ||||||
15 | duties under Article 7, a county corrections officer, or a | ||||||
16 | court services officer under Article 9 by filing a written | ||||||
17 | election with the Board within 6 months after July 30, 2021 | ||||||
18 | (the effective date of Public Act 102-210) and paying to the | ||||||
19 | System an amount to be determined by the Board equal to (i) the | ||||||
20 | difference between the amount of employee and employer | ||||||
21 | contributions transferred to the System under Sections 7-139.8 | ||||||
22 | and 9-121.10 and the amounts that would have been contributed | ||||||
23 | had such contributions been made at the rates applicable to | ||||||
24 | State policemen, plus (ii) interest thereon at the actuarially | ||||||
25 | assumed rate for each year, compounded annually, from the date | ||||||
26 | of service to the date of payment. |
| |||||||
| |||||||
1 | Subject to the limitation in subsection (i), an | ||||||
2 | investigator for the Department of Revenue, investigator for | ||||||
3 | the Illinois Gaming Board, investigator for the Secretary of | ||||||
4 | State, or arson investigator may elect to establish eligible | ||||||
5 | creditable service for up to 5 years of service as a person | ||||||
6 | employed by a participating municipality to perform police | ||||||
7 | duties under Article 7, a county corrections officer, a court | ||||||
8 | services officer under Article 9, or a firefighter under | ||||||
9 | Article 4 by filing a written election with the Board within 6 | ||||||
10 | months after the effective date of this amendatory Act of the | ||||||
11 | 102nd General Assembly and paying to the System an amount to be | ||||||
12 | determined by the Board equal to (i) the difference between | ||||||
13 | the amount of employee and employer contributions transferred | ||||||
14 | to the System under Sections 4-108.8, 7-139.8, and 9-121.10 | ||||||
15 | and the amounts that would have been contributed had such | ||||||
16 | contributions been made at the rates applicable to State | ||||||
17 | policemen, plus (ii) interest thereon at the actuarially | ||||||
18 | assumed rate for each year, compounded annually, from the date | ||||||
19 | of service to the date of payment. | ||||||
20 | Notwithstanding the limitation in subsection (i), a State | ||||||
21 | policeman or conservation police officer may elect to convert | ||||||
22 | service credit earned under this Article to eligible | ||||||
23 | creditable service, as defined by this Section, by filing a | ||||||
24 | written election with the board within 6 months after July 30, | ||||||
25 | 2021 (the effective date of Public Act 102-210) and paying to | ||||||
26 | the System an amount to be determined by the Board equal to (i) |
| |||||||
| |||||||
1 | the difference between the amount of employee contributions | ||||||
2 | originally paid for that service and the amounts that would | ||||||
3 | have been contributed had such contributions been made at the | ||||||
4 | rates applicable to State policemen, plus (ii) the difference | ||||||
5 | between the employer's normal cost of the credit prior to the | ||||||
6 | conversion authorized by Public Act 102-210 and the employer's | ||||||
7 | normal cost of the credit converted in accordance with Public | ||||||
8 | Act 102-210, plus (iii) interest thereon at the actuarially | ||||||
9 | assumed rate for each year, compounded annually, from the date | ||||||
10 | of service to the date of payment. | ||||||
11 | Notwithstanding the limitation in subsection (i), an | ||||||
12 | investigator for the Department of Revenue, investigator for | ||||||
13 | the Illinois Gaming Board, investigator for the Secretary of | ||||||
14 | State, or arson investigator may elect to convert service | ||||||
15 | credit earned under this Article to eligible creditable | ||||||
16 | service, as defined by this Section, by filing a written | ||||||
17 | election with the Board within 6 months after the effective | ||||||
18 | date of this amendatory Act of the 102nd General Assembly and | ||||||
19 | paying to the System an amount to be determined by the Board | ||||||
20 | equal to (i) the difference between the amount of employee | ||||||
21 | contributions originally paid for that service and the amounts | ||||||
22 | that would have been contributed had such contributions been | ||||||
23 | made at the rates applicable to investigators for the | ||||||
24 | Department of Revenue, investigators for the Illinois Gaming | ||||||
25 | Board, investigators for the Secretary of State, or arson | ||||||
26 | investigators, plus (ii) the difference between the employer's |
| |||||||
| |||||||
1 | normal cost of the credit prior to the conversion authorized | ||||||
2 | by this amendatory Act of the 102nd General Assembly and the | ||||||
3 | employer's normal cost of the credit converted in accordance | ||||||
4 | with this amendatory Act of the 102nd General Assembly, plus | ||||||
5 | (iii) interest thereon at the actuarially assumed rate for | ||||||
6 | each year, compounded annually, from the date of service to | ||||||
7 | the date of payment. | ||||||
8 | (i) The total amount of eligible creditable service | ||||||
9 | established by any
person under subsections (g), (h), (j), | ||||||
10 | (k), (l), (l-5), and (o) of this
Section shall not exceed 12 | ||||||
11 | years.
| ||||||
12 | (j) Subject to the limitation in subsection (i), an | ||||||
13 | investigator for
the Office of the State's Attorneys Appellate | ||||||
14 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
15 | establish eligible creditable service for up to 10 years of | ||||||
16 | his service as
a policeman under Article 3 or a sheriff's law | ||||||
17 | enforcement employee under
Article 7, by filing a written | ||||||
18 | election with the Board, accompanied by
payment of an amount | ||||||
19 | to be determined by the Board, equal to (1) the
difference | ||||||
20 | between the amount of employee and employer contributions
| ||||||
21 | transferred to the System under Section 3-110.6 or 7-139.8, | ||||||
22 | and the amounts
that would have been contributed had such | ||||||
23 | contributions been made at the
rates applicable to State | ||||||
24 | policemen, plus (2) interest thereon at the
effective rate for | ||||||
25 | each year, compounded annually, from the date of service
to | ||||||
26 | the date of payment.
|
| |||||||
| |||||||
1 | (k) Subject to the limitation in subsection (i) of this | ||||||
2 | Section, an
alternative formula employee may elect to | ||||||
3 | establish eligible creditable
service for periods spent as a | ||||||
4 | full-time law enforcement officer or full-time
corrections | ||||||
5 | officer employed by the federal government or by a state or | ||||||
6 | local
government located outside of Illinois, for which credit | ||||||
7 | is not held in any
other public employee pension fund or | ||||||
8 | retirement system. To obtain this
credit, the applicant must | ||||||
9 | file a written application with the Board by March
31, 1998, | ||||||
10 | accompanied by evidence of eligibility acceptable to the Board | ||||||
11 | and
payment of an amount to be determined by the Board, equal | ||||||
12 | to (1) employee
contributions for the credit being | ||||||
13 | established, based upon the applicant's
salary on the first | ||||||
14 | day as an alternative formula employee after the employment
| ||||||
15 | for which credit is being established and the rates then | ||||||
16 | applicable to
alternative formula employees, plus (2) an | ||||||
17 | amount determined by the Board
to be the employer's normal | ||||||
18 | cost of the benefits accrued for the credit being
established, | ||||||
19 | plus (3) regular interest on the amounts in items (1) and (2) | ||||||
20 | from
the first day as an alternative formula employee after | ||||||
21 | the employment for which
credit is being established to the | ||||||
22 | date of payment.
| ||||||
23 | (l) Subject to the limitation in subsection (i), a | ||||||
24 | security employee of
the Department of Corrections may elect, | ||||||
25 | not later than July 1, 1998, to
establish eligible creditable | ||||||
26 | service for up to 10 years of his or her service
as a policeman |
| |||||||
| |||||||
1 | under Article 3, by filing a written election with the Board,
| ||||||
2 | accompanied by payment of an amount to be determined by the | ||||||
3 | Board, equal to
(i) the difference between the amount of | ||||||
4 | employee and employer contributions
transferred to the System | ||||||
5 | under Section 3-110.5, and the amounts that would
have been | ||||||
6 | contributed had such contributions been made at the rates | ||||||
7 | applicable
to security employees of the Department of | ||||||
8 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
9 | for each year, compounded annually, from the date
of service | ||||||
10 | to the date of payment.
| ||||||
11 | (l-5) Subject to the limitation in subsection (i) of this | ||||||
12 | Section, a State policeman may elect to establish eligible | ||||||
13 | creditable service for up to 5 years of service as a full-time | ||||||
14 | law enforcement officer employed by the federal government or | ||||||
15 | by a state or local government located outside of Illinois for | ||||||
16 | which credit is not held in any other public employee pension | ||||||
17 | fund or retirement system. To obtain this credit, the | ||||||
18 | applicant must file a written application with the Board no | ||||||
19 | later than 3 years after January 1, 2020 (the effective date of | ||||||
20 | Public Act 101-610), accompanied by evidence of eligibility | ||||||
21 | acceptable to the Board and payment of an amount to be | ||||||
22 | determined by the Board, equal to (1) employee contributions | ||||||
23 | for the credit being established, based upon the applicant's | ||||||
24 | salary on the first day as an alternative formula employee | ||||||
25 | after the employment for which credit is being established and | ||||||
26 | the rates then applicable to alternative formula employees, |
| |||||||
| |||||||
1 | plus (2) an amount determined by the Board to be the employer's | ||||||
2 | normal cost of the benefits accrued for the credit being | ||||||
3 | established, plus (3) regular interest on the amounts in items | ||||||
4 | (1) and (2) from the first day as an alternative formula | ||||||
5 | employee after the employment for which credit is being | ||||||
6 | established to the date of payment. | ||||||
7 | (m) The amendatory changes to this Section made by Public | ||||||
8 | Act 94-696 apply only to: (1) security employees of the | ||||||
9 | Department of Juvenile Justice employed by the Department of | ||||||
10 | Corrections before June 1, 2006 (the effective date of Public | ||||||
11 | Act 94-696) and transferred to the Department of Juvenile | ||||||
12 | Justice by Public Act 94-696; and (2) persons employed by the | ||||||
13 | Department of Juvenile Justice on or after June 1, 2006 (the | ||||||
14 | effective date of Public Act 94-696) who are required by | ||||||
15 | subsection (b) of Section 3-2.5-15 of the Unified Code of | ||||||
16 | Corrections to have any bachelor's or advanced degree from an | ||||||
17 | accredited college or university or, in the case of persons | ||||||
18 | who provide vocational training, who are required to have | ||||||
19 | adequate knowledge in the skill for which they are providing | ||||||
20 | the vocational training.
| ||||||
21 | (n) A person employed in a position under subsection (b) | ||||||
22 | of this Section who has purchased service credit under | ||||||
23 | subsection (j) of Section 14-104 or subsection (b) of Section | ||||||
24 | 14-105 in any other capacity under this Article may convert up | ||||||
25 | to 5 years of that service credit into service credit covered | ||||||
26 | under this Section by paying to the Fund an amount equal to (1) |
| |||||||
| |||||||
1 | the additional employee contribution required under Section | ||||||
2 | 14-133, plus (2) the additional employer contribution required | ||||||
3 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
4 | the actuarially assumed rate from the date of the service to | ||||||
5 | the date of payment. | ||||||
6 | (o) Subject to the limitation in subsection (i), a | ||||||
7 | conservation police officer, investigator for the Secretary of | ||||||
8 | State, Commerce Commission police officer, investigator for | ||||||
9 | the Department of Revenue or the
Illinois Gaming Board, or | ||||||
10 | arson investigator subject to subsection (g) of Section 1-160 | ||||||
11 | may elect to convert up to 8 years of service credit | ||||||
12 | established before January 1, 2020 (the effective date of | ||||||
13 | Public Act 101-610) as a conservation police officer, | ||||||
14 | investigator for the Secretary of State, Commerce Commission | ||||||
15 | police officer, investigator for the Department of Revenue or | ||||||
16 | the
Illinois Gaming Board, or arson investigator under this | ||||||
17 | Article into eligible creditable service by filing a written | ||||||
18 | election with the Board no later than one year after January 1, | ||||||
19 | 2020 (the effective date of Public Act 101-610), accompanied | ||||||
20 | by payment of an amount to be determined by the Board equal to | ||||||
21 | (i) the difference between the amount of the employee | ||||||
22 | contributions actually paid for that service and the amount of | ||||||
23 | the employee contributions that would have been paid had the | ||||||
24 | employee contributions been made as a noncovered employee | ||||||
25 | serving in a position in which eligible creditable service, as | ||||||
26 | defined in this Section, may be earned, plus (ii) interest |
| |||||||
| |||||||
1 | thereon at the effective rate for each year, compounded | ||||||
2 | annually, from the date of service to the date of payment. | ||||||
3 | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; | ||||||
4 | 102-538, eff. 8-20-21; 102-856, eff. 1-1-23.)
| ||||||
5 | (Text of Section from P.A. 102-956) | ||||||
6 | Sec. 14-110. Alternative retirement annuity.
| ||||||
7 | (a) Any member who has withdrawn from service with not | ||||||
8 | less than 20
years of eligible creditable service and has | ||||||
9 | attained age 55, and any
member who has withdrawn from service | ||||||
10 | with not less than 25 years of
eligible creditable service and | ||||||
11 | has attained age 50, regardless of whether
the attainment of | ||||||
12 | either of the specified ages occurs while the member is
still | ||||||
13 | in service, shall be entitled to receive at the option of the | ||||||
14 | member,
in lieu of the regular or minimum retirement annuity, | ||||||
15 | a retirement annuity
computed as follows:
| ||||||
16 | (i) for periods of service as a noncovered employee:
| ||||||
17 | if retirement occurs on or after January 1, 2001, 3% of | ||||||
18 | final
average compensation for each year of creditable | ||||||
19 | service; if retirement occurs
before January 1, 2001, 2 | ||||||
20 | 1/4% of final average compensation for each of the
first | ||||||
21 | 10 years of creditable service, 2 1/2% for each year above | ||||||
22 | 10 years to
and including 20 years of creditable service, | ||||||
23 | and 2 3/4% for each year of
creditable service above 20 | ||||||
24 | years; and
| ||||||
25 | (ii) for periods of eligible creditable service as a |
| |||||||
| |||||||
1 | covered employee:
if retirement occurs on or after January | ||||||
2 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
3 | of creditable service; if retirement occurs before
January | ||||||
4 | 1, 2001, 1.67% of final average compensation for each of | ||||||
5 | the first
10 years of such service, 1.90% for each of the | ||||||
6 | next 10 years of such service,
2.10% for each year of such | ||||||
7 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
8 | each year in excess of 30.
| ||||||
9 | Such annuity shall be subject to a maximum of 75% of final | ||||||
10 | average
compensation if retirement occurs before January 1, | ||||||
11 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
12 | retirement occurs on or after January
1, 2001.
| ||||||
13 | These rates shall not be applicable to any service | ||||||
14 | performed
by a member as a covered employee which is not | ||||||
15 | eligible creditable service.
Service as a covered employee | ||||||
16 | which is not eligible creditable service
shall be subject to | ||||||
17 | the rates and provisions of Section 14-108.
| ||||||
18 | (b) For the purpose of this Section, "eligible creditable | ||||||
19 | service" means
creditable service resulting from service in | ||||||
20 | one or more of the following
positions:
| ||||||
21 | (1) State policeman;
| ||||||
22 | (2) fire fighter in the fire protection service of a | ||||||
23 | department;
| ||||||
24 | (3) air pilot;
| ||||||
25 | (4) special agent;
| ||||||
26 | (5) investigator for the Secretary of State;
|
| |||||||
| |||||||
1 | (6) conservation police officer;
| ||||||
2 | (7) investigator for the Department of Revenue or the | ||||||
3 | Illinois Gaming Board;
| ||||||
4 | (8) security employee of the Department of Human | ||||||
5 | Services;
| ||||||
6 | (9) Central Management Services security police | ||||||
7 | officer;
| ||||||
8 | (10) security employee of the Department of | ||||||
9 | Corrections or the Department of Juvenile Justice;
| ||||||
10 | (11) dangerous drugs investigator;
| ||||||
11 | (12) investigator for the Illinois State Police;
| ||||||
12 | (13) investigator for the Office of the Attorney | ||||||
13 | General;
| ||||||
14 | (14) controlled substance inspector;
| ||||||
15 | (15) investigator for the Office of the State's | ||||||
16 | Attorneys Appellate
Prosecutor;
| ||||||
17 | (16) Commerce Commission police officer;
| ||||||
18 | (17) arson investigator;
| ||||||
19 | (18) State highway maintenance worker;
| ||||||
20 | (19) security employee of the Department of Innovation | ||||||
21 | and Technology; or | ||||||
22 | (20) transferred employee. | ||||||
23 | A person employed in one of the positions specified in | ||||||
24 | this subsection is
entitled to eligible creditable service for | ||||||
25 | service credit earned under this
Article while undergoing the | ||||||
26 | basic police training course approved by the
Illinois Law |
| |||||||
| |||||||
1 | Enforcement Training
Standards Board, if
completion of that | ||||||
2 | training is required of persons serving in that position.
For | ||||||
3 | the purposes of this Code, service during the required basic | ||||||
4 | police
training course shall be deemed performance of the | ||||||
5 | duties of the specified
position, even though the person is | ||||||
6 | not a sworn peace officer at the time of
the training.
| ||||||
7 | A person under paragraph (20) is entitled to eligible | ||||||
8 | creditable service for service credit earned under this | ||||||
9 | Article on and after his or her transfer by Executive Order No. | ||||||
10 | 2003-10, Executive Order No. 2004-2, or Executive Order No. | ||||||
11 | 2016-1. | ||||||
12 | (c) For the purposes of this Section:
| ||||||
13 | (1) The term "State policeman" includes any title or | ||||||
14 | position
in the Illinois State Police that is held by an | ||||||
15 | individual employed
under the Illinois State Police Act.
| ||||||
16 | (2) The term "fire fighter in the fire protection | ||||||
17 | service of a
department" includes all officers in such | ||||||
18 | fire protection service
including fire chiefs and | ||||||
19 | assistant fire chiefs.
| ||||||
20 | (3) The term "air pilot" includes any employee whose | ||||||
21 | official job
description on file in the Department of | ||||||
22 | Central Management Services, or
in the department by which | ||||||
23 | he is employed if that department is not covered
by the | ||||||
24 | Personnel Code, states that his principal duty is the | ||||||
25 | operation of
aircraft, and who possesses a pilot's | ||||||
26 | license; however, the change in this
definition made by |
| |||||||
| |||||||
1 | Public Act 83-842 shall not operate to exclude
any | ||||||
2 | noncovered employee who was an "air pilot" for the | ||||||
3 | purposes of this
Section on January 1, 1984.
| ||||||
4 | (4) The term "special agent" means any person who by | ||||||
5 | reason of
employment by the Division of Narcotic Control, | ||||||
6 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
7 | Division of Criminal Investigation, the
Division of | ||||||
8 | Internal Investigation, the Division of Operations, the | ||||||
9 | Division of Patrol Operations , or any
other Division or | ||||||
10 | organizational
entity in the Illinois State Police is | ||||||
11 | vested by law with duties to
maintain public order, | ||||||
12 | investigate violations of the criminal law of this
State, | ||||||
13 | enforce the laws of this State, make arrests and recover | ||||||
14 | property.
The term "special agent" includes any title or | ||||||
15 | position in the Illinois State Police that is held by an | ||||||
16 | individual employed under the Illinois State
Police Act.
| ||||||
17 | (5) The term "investigator for the Secretary of State" | ||||||
18 | means any person
employed by the Office of the Secretary | ||||||
19 | of State and vested with such
investigative duties as | ||||||
20 | render him ineligible for coverage under the Social
| ||||||
21 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
22 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
23 | A person who became employed as an investigator for | ||||||
24 | the Secretary of
State between January 1, 1967 and | ||||||
25 | December 31, 1975, and who has served as
such until | ||||||
26 | attainment of age 60, either continuously or with a single |
| |||||||
| |||||||
1 | break
in service of not more than 3 years duration, which | ||||||
2 | break terminated before
January 1, 1976, shall be entitled | ||||||
3 | to have his retirement annuity
calculated in accordance | ||||||
4 | with subsection (a), notwithstanding
that he has less than | ||||||
5 | 20 years of credit for such service.
| ||||||
6 | (6) The term "Conservation Police Officer" means any | ||||||
7 | person employed
by the Division of Law Enforcement of the | ||||||
8 | Department of Natural Resources and
vested with such law | ||||||
9 | enforcement duties as render him ineligible for coverage
| ||||||
10 | under the Social Security Act by reason of Sections | ||||||
11 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
12 | term "Conservation Police Officer" includes
the positions | ||||||
13 | of Chief Conservation Police Administrator and Assistant
| ||||||
14 | Conservation Police Administrator.
| ||||||
15 | (7) The term "investigator for the Department of | ||||||
16 | Revenue" means any
person employed by the Department of | ||||||
17 | Revenue and vested with such
investigative duties as | ||||||
18 | render him ineligible for coverage under the Social
| ||||||
19 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
20 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
21 | The term "investigator for the Illinois Gaming Board" | ||||||
22 | means any
person employed as such by the Illinois Gaming | ||||||
23 | Board and vested with such
peace officer duties as render | ||||||
24 | the person ineligible for coverage under the Social
| ||||||
25 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
26 | 218(d)(8)(D), and 218(l)(1)
of that Act.
|
| |||||||
| |||||||
1 | (8) The term "security employee of the Department of | ||||||
2 | Human Services"
means any person employed by the | ||||||
3 | Department of Human Services who (i) is
employed at the | ||||||
4 | Chester Mental Health Center and has daily contact with | ||||||
5 | the
residents thereof, (ii) is employed within a security | ||||||
6 | unit at a facility
operated by the Department and has | ||||||
7 | daily contact with the residents of the
security unit, | ||||||
8 | (iii) is employed at a facility operated by the Department
| ||||||
9 | that includes a security unit and is regularly scheduled | ||||||
10 | to work at least
50% of his or her working hours within | ||||||
11 | that security unit, or (iv) is a mental health police | ||||||
12 | officer.
"Mental health police officer" means any person | ||||||
13 | employed by the Department of
Human Services in a position | ||||||
14 | pertaining to the Department's mental health and
| ||||||
15 | developmental disabilities functions who is vested with | ||||||
16 | such law enforcement
duties as render the person | ||||||
17 | ineligible for coverage under the Social Security
Act by | ||||||
18 | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
19 | 218(l)(1) of that
Act. "Security unit" means that portion | ||||||
20 | of a facility that is devoted to
the care, containment, | ||||||
21 | and treatment of persons committed to the Department of
| ||||||
22 | Human Services as sexually violent persons, persons unfit | ||||||
23 | to stand trial, or
persons not guilty by reason of | ||||||
24 | insanity. With respect to past employment,
references to | ||||||
25 | the Department of Human Services include its predecessor, | ||||||
26 | the
Department of Mental Health and Developmental |
| |||||||
| |||||||
1 | Disabilities.
| ||||||
2 | The changes made to this subdivision (c)(8) by Public | ||||||
3 | Act 92-14 apply to persons who retire on or after January | ||||||
4 | 1,
2001, notwithstanding Section 1-103.1.
| ||||||
5 | (9) "Central Management Services security police | ||||||
6 | officer" means any
person employed by the Department of | ||||||
7 | Central Management Services who is
vested with such law | ||||||
8 | enforcement duties as render him ineligible for
coverage | ||||||
9 | under the Social Security Act by reason of Sections | ||||||
10 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
11 | (10) For a member who first became an employee under | ||||||
12 | this Article before July 1, 2005, the term "security | ||||||
13 | employee of the Department of Corrections or the | ||||||
14 | Department of Juvenile Justice"
means any employee of the | ||||||
15 | Department of Corrections or the Department of Juvenile | ||||||
16 | Justice or the former
Department of Personnel, and any | ||||||
17 | member or employee of the Prisoner
Review Board, who has | ||||||
18 | daily contact with inmates or youth by working within a
| ||||||
19 | correctional facility or Juvenile facility operated by the | ||||||
20 | Department of Juvenile Justice or who is a parole officer | ||||||
21 | or an employee who has
direct contact with committed | ||||||
22 | persons in the performance of his or her
job duties. For a | ||||||
23 | member who first becomes an employee under this Article on | ||||||
24 | or after July 1, 2005, the term means an employee of the | ||||||
25 | Department of Corrections or the Department of Juvenile | ||||||
26 | Justice who is any of the following: (i) officially |
| |||||||
| |||||||
1 | headquartered at a correctional facility or Juvenile | ||||||
2 | facility operated by the Department of Juvenile Justice, | ||||||
3 | (ii) a parole officer, (iii) a member of the apprehension | ||||||
4 | unit, (iv) a member of the intelligence unit, (v) a member | ||||||
5 | of the sort team, or (vi) an investigator.
| ||||||
6 | (11) The term "dangerous drugs investigator" means any | ||||||
7 | person who is
employed as such by the Department of Human | ||||||
8 | Services.
| ||||||
9 | (12) The term "investigator for the Illinois State | ||||||
10 | Police" means
a person employed by the Illinois State | ||||||
11 | Police who is vested under
Section 4 of the Narcotic | ||||||
12 | Control Division Abolition Act with such
law enforcement | ||||||
13 | powers as render him ineligible for coverage under the
| ||||||
14 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
15 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
16 | (13) "Investigator for the Office of the Attorney | ||||||
17 | General" means any
person who is employed as such by the | ||||||
18 | Office of the Attorney General and
is vested with such | ||||||
19 | investigative duties as render him ineligible for
coverage | ||||||
20 | under the Social Security Act by reason of Sections | ||||||
21 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||||||
22 | the period before January 1,
1989, the term includes all | ||||||
23 | persons who were employed as investigators by the
Office | ||||||
24 | of the Attorney General, without regard to social security | ||||||
25 | status.
| ||||||
26 | (14) "Controlled substance inspector" means any person |
| |||||||
| |||||||
1 | who is employed
as such by the Department of Professional | ||||||
2 | Regulation and is vested with such
law enforcement duties | ||||||
3 | as 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. The term | ||||||
6 | "controlled substance inspector" includes the Program
| ||||||
7 | Executive of Enforcement and the Assistant Program | ||||||
8 | Executive of Enforcement.
| ||||||
9 | (15) The term "investigator for the Office of the | ||||||
10 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
11 | employed in that capacity on a full-time basis under the | ||||||
12 | authority of Section 7.06 of the State's Attorneys
| ||||||
13 | Appellate Prosecutor's Act.
| ||||||
14 | (16) "Commerce Commission police officer" means any | ||||||
15 | person employed
by the Illinois Commerce Commission who is | ||||||
16 | vested with such law
enforcement duties as render him | ||||||
17 | ineligible for coverage under the Social
Security Act by | ||||||
18 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
19 | 218(l)(1) of that Act.
| ||||||
20 | (17) "Arson investigator" means any person who is | ||||||
21 | employed as such by
the Office of the State Fire Marshal | ||||||
22 | and is vested with such law enforcement
duties as render | ||||||
23 | the person ineligible for coverage under the Social | ||||||
24 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
25 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
26 | employed as an arson
investigator on January 1, 1995 and |
| |||||||
| |||||||
1 | is no longer in service but not yet
receiving a retirement | ||||||
2 | annuity may convert his or her creditable service for
| ||||||
3 | employment as an arson investigator into eligible | ||||||
4 | creditable service by paying
to the System the difference | ||||||
5 | between the employee contributions actually paid
for that | ||||||
6 | service and the amounts that would have been contributed | ||||||
7 | if the
applicant were contributing at the rate applicable | ||||||
8 | to persons with the same
social security status earning | ||||||
9 | eligible creditable service on the date of
application.
| ||||||
10 | (18) The term "State highway maintenance worker" means | ||||||
11 | a person who is
either of the following:
| ||||||
12 | (i) A person employed on a full-time basis by the | ||||||
13 | Illinois
Department of Transportation in the position | ||||||
14 | of
highway maintainer,
highway maintenance lead | ||||||
15 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
16 | construction equipment operator,
power shovel | ||||||
17 | operator, or
bridge mechanic; and
whose principal | ||||||
18 | responsibility is to perform, on the roadway, the | ||||||
19 | actual
maintenance necessary to keep the highways that | ||||||
20 | form a part of the State
highway system in serviceable | ||||||
21 | condition for vehicular traffic.
| ||||||
22 | (ii) A person employed on a full-time basis by the | ||||||
23 | Illinois
State Toll Highway Authority in the position | ||||||
24 | of
equipment operator/laborer H-4,
equipment | ||||||
25 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
26 | mechanical/electrical H-4,
mechanical/electrical H-6,
|
| |||||||
| |||||||
1 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
2 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
3 | roadway lighting H-6,
structural H-4,
structural H-6,
| ||||||
4 | painter H-4, or
painter H-6; and
whose principal | ||||||
5 | responsibility is to perform, on the roadway, the | ||||||
6 | actual
maintenance necessary to keep the Authority's | ||||||
7 | tollways in serviceable condition
for vehicular | ||||||
8 | traffic.
| ||||||
9 | (19) The term "security employee of the Department of | ||||||
10 | Innovation and Technology" means a person who was a | ||||||
11 | security employee of the Department of Corrections or the | ||||||
12 | Department of Juvenile Justice, was transferred to the | ||||||
13 | Department of Innovation and Technology pursuant to | ||||||
14 | Executive Order 2016-01, and continues to perform similar | ||||||
15 | job functions under that Department. | ||||||
16 | (20) "Transferred employee" means an employee who was | ||||||
17 | transferred to the Department of Central Management | ||||||
18 | Services by Executive Order No. 2003-10 or Executive Order | ||||||
19 | No. 2004-2 or transferred to the Department of Innovation | ||||||
20 | and Technology by Executive Order No. 2016-1, or both, and | ||||||
21 | was entitled to eligible creditable service for services | ||||||
22 | immediately preceding the transfer. | ||||||
23 | (d) A security employee of the Department of Corrections | ||||||
24 | or the Department of Juvenile Justice, a security
employee of | ||||||
25 | the Department of Human Services who is not a mental health | ||||||
26 | police
officer, and a security employee of the Department of |
| |||||||
| |||||||
1 | Innovation and Technology shall not be eligible for the | ||||||
2 | alternative retirement annuity provided
by this Section unless | ||||||
3 | he or she meets the following minimum age and service
| ||||||
4 | requirements at the time of retirement:
| ||||||
5 | (i) 25 years of eligible creditable service and age | ||||||
6 | 55; or
| ||||||
7 | (ii) beginning January 1, 1987, 25 years of eligible | ||||||
8 | creditable service
and age 54, or 24 years of eligible | ||||||
9 | creditable service and age 55; or
| ||||||
10 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
11 | creditable service
and age 53, or 23 years of eligible | ||||||
12 | creditable service and age 55; or
| ||||||
13 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
14 | creditable service
and age 52, or 22 years of eligible | ||||||
15 | creditable service and age 55; or
| ||||||
16 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
17 | creditable service
and age 51, or 21 years of eligible | ||||||
18 | creditable service and age 55; or
| ||||||
19 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
20 | creditable service
and age 50, or 20 years of eligible | ||||||
21 | creditable service and age 55.
| ||||||
22 | Persons who have service credit under Article 16 of this | ||||||
23 | Code for service
as a security employee of the Department of | ||||||
24 | Corrections or the Department of Juvenile Justice, or the | ||||||
25 | Department
of Human Services in a position requiring | ||||||
26 | certification as a teacher may
count such service toward |
| |||||||
| |||||||
1 | establishing their eligibility under the service
requirements | ||||||
2 | of this Section; but such service may be used only for
| ||||||
3 | establishing such eligibility, and not for the purpose of | ||||||
4 | increasing or
calculating any benefit.
| ||||||
5 | (e) If a member enters military service while working in a | ||||||
6 | position in
which eligible creditable service may be earned, | ||||||
7 | and returns to State
service in the same or another such | ||||||
8 | position, and fulfills in all other
respects the conditions | ||||||
9 | prescribed in this Article for credit for military
service, | ||||||
10 | such military service shall be credited as eligible creditable
| ||||||
11 | service for the purposes of the retirement annuity prescribed | ||||||
12 | in this Section.
| ||||||
13 | (f) For purposes of calculating retirement annuities under | ||||||
14 | this
Section, periods of service rendered after December 31, | ||||||
15 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
16 | position of special agent,
conservation police officer, mental | ||||||
17 | health police officer, or investigator
for the Secretary of | ||||||
18 | State, shall be deemed to have been service as a
noncovered | ||||||
19 | employee, provided that the employee pays to the System prior | ||||||
20 | to
retirement an amount equal to (1) the difference between | ||||||
21 | the employee
contributions that would have been required for | ||||||
22 | such service as a
noncovered employee, and the amount of | ||||||
23 | employee contributions actually
paid, plus (2) if payment is | ||||||
24 | made after July 31, 1987, regular interest
on the amount | ||||||
25 | specified in item (1) from the date of service to the date
of | ||||||
26 | payment.
|
| |||||||
| |||||||
1 | For purposes of calculating retirement annuities under | ||||||
2 | this Section,
periods of service rendered after December 31, | ||||||
3 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
4 | position of investigator for the
Department of Revenue shall | ||||||
5 | be deemed to have been service as a noncovered
employee, | ||||||
6 | provided that the employee pays to the System prior to | ||||||
7 | retirement
an amount equal to (1) the difference between the | ||||||
8 | employee contributions
that would have been required for such | ||||||
9 | service as a noncovered employee,
and the amount of employee | ||||||
10 | contributions actually paid, plus (2) if payment
is made after | ||||||
11 | January 1, 1990, regular interest on the amount specified in
| ||||||
12 | item (1) from the date of service to the date of payment.
| ||||||
13 | (g) A State policeman may elect, not later than January 1, | ||||||
14 | 1990, to
establish eligible creditable service for up to 10 | ||||||
15 | years of his service as
a policeman under Article 3, by filing | ||||||
16 | a written election with the Board,
accompanied by payment of | ||||||
17 | an amount to be determined by the Board, equal to
(i) the | ||||||
18 | difference between the amount of employee and employer
| ||||||
19 | contributions transferred to the System under Section 3-110.5, | ||||||
20 | and the
amounts that would have been contributed had such | ||||||
21 | contributions been made
at the rates applicable to State | ||||||
22 | policemen, 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 | Subject to the limitation in subsection (i), a State | ||||||
26 | policeman may elect,
not later than July 1, 1993, to establish |
| |||||||
| |||||||
1 | eligible creditable service for
up to 10 years of his service | ||||||
2 | as a member of the County Police Department
under Article 9, by | ||||||
3 | filing a written election with the Board, accompanied
by | ||||||
4 | payment of an amount to be determined by the Board, equal to | ||||||
5 | (i) the
difference between the amount of employee and employer | ||||||
6 | contributions
transferred to the System under Section 9-121.10 | ||||||
7 | and the amounts that would
have been contributed had those | ||||||
8 | contributions been made at the rates
applicable to State | ||||||
9 | policemen, plus (ii) interest thereon at the effective
rate | ||||||
10 | for each year, compounded annually, from the date of service | ||||||
11 | to the
date of payment.
| ||||||
12 | (h) Subject to the limitation in subsection (i), a State | ||||||
13 | policeman or
investigator for the Secretary of State may elect | ||||||
14 | to establish eligible
creditable service for up to 12 years of | ||||||
15 | his service as a policeman under
Article 5, by filing a written | ||||||
16 | election with the Board on or before January
31, 1992, and | ||||||
17 | paying to the System by January 31, 1994 an amount to be
| ||||||
18 | determined by the Board, equal to (i) the difference between | ||||||
19 | the amount of
employee and employer contributions transferred | ||||||
20 | to the System under Section
5-236, and the amounts that would | ||||||
21 | have been contributed had such
contributions been made at the | ||||||
22 | rates applicable to State policemen, plus
(ii) interest | ||||||
23 | thereon at the effective 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,
conservation police officer, or investigator for |
| |||||||
| |||||||
1 | the Secretary of State may
elect to establish eligible | ||||||
2 | creditable service for up to 10 years of
service as a sheriff's | ||||||
3 | law enforcement employee under Article 7, by filing
a written | ||||||
4 | election with the Board on or before January 31, 1993, and | ||||||
5 | paying
to the System by January 31, 1994 an amount to be | ||||||
6 | determined by the Board,
equal to (i) the difference between | ||||||
7 | the amount of employee and
employer contributions transferred | ||||||
8 | to the System under Section
7-139.7, and the amounts that | ||||||
9 | would have been contributed had such
contributions been made | ||||||
10 | at the rates applicable to State policemen, plus
(ii) interest | ||||||
11 | thereon at the effective rate for each year, compounded
| ||||||
12 | annually, from the date of service to the date of payment.
| ||||||
13 | Subject to the limitation in subsection (i), a State | ||||||
14 | policeman,
conservation police officer, or investigator for | ||||||
15 | the Secretary of State may
elect to establish eligible | ||||||
16 | creditable service for up to 5 years of
service as a police | ||||||
17 | officer under Article 3, a policeman under Article 5, a | ||||||
18 | sheriff's law enforcement employee under Article 7, a member | ||||||
19 | of the county police department under Article 9, or a police | ||||||
20 | officer under Article 15 by filing
a written election with the | ||||||
21 | Board and paying
to the System an amount to be determined by | ||||||
22 | the Board,
equal to (i) the difference between the amount of | ||||||
23 | employee and
employer contributions transferred to the System | ||||||
24 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
25 | and the amounts that would have been contributed had such
| ||||||
26 | contributions been made at the rates applicable to State |
| |||||||
| |||||||
1 | policemen, plus
(ii) interest thereon at the effective rate | ||||||
2 | for each year, compounded
annually, from the date of service | ||||||
3 | to the date of payment. | ||||||
4 | Subject to the limitation in subsection (i), an | ||||||
5 | investigator for the Office of the Attorney General, or an | ||||||
6 | investigator for the Department of Revenue, may elect to | ||||||
7 | establish eligible creditable service for up to 5 years of | ||||||
8 | service as a police officer under Article 3, a policeman under | ||||||
9 | Article 5, a sheriff's law enforcement employee under Article | ||||||
10 | 7, or a member of the county police department under Article 9 | ||||||
11 | by filing a written election with the Board within 6 months | ||||||
12 | after August 25, 2009 (the effective date of Public Act | ||||||
13 | 96-745) and paying to the System an amount to be determined by | ||||||
14 | the Board, equal to (i) the difference between the amount of | ||||||
15 | employee and employer contributions transferred to the System | ||||||
16 | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||||||
17 | amounts that would have been contributed had such | ||||||
18 | contributions been made at the rates applicable to State | ||||||
19 | policemen, plus (ii) interest thereon at the actuarially | ||||||
20 | assumed rate for each year, compounded annually, from the date | ||||||
21 | of service to the date of payment. | ||||||
22 | Subject to the limitation in subsection (i), a State | ||||||
23 | policeman, conservation police officer, investigator for the | ||||||
24 | Office of the Attorney General, an investigator for the | ||||||
25 | Department of Revenue, or investigator for the Secretary of | ||||||
26 | State may elect to establish eligible creditable service for |
| |||||||
| |||||||
1 | up to 5 years of service as a person employed by a | ||||||
2 | participating municipality to perform police duties, or law | ||||||
3 | enforcement officer employed on a full-time basis by a forest | ||||||
4 | preserve district under Article 7, a county corrections | ||||||
5 | officer, or a court services officer under Article 9, by | ||||||
6 | filing a written election with the Board within 6 months after | ||||||
7 | August 25, 2009 (the effective date of Public Act 96-745) and | ||||||
8 | paying to the System an amount to be determined by the Board, | ||||||
9 | equal to (i) the difference between the amount of employee and | ||||||
10 | employer contributions transferred to the System under | ||||||
11 | Sections 7-139.8 and 9-121.10 and the amounts that would have | ||||||
12 | been contributed had such contributions been made at the rates | ||||||
13 | applicable to State policemen, plus (ii) interest thereon at | ||||||
14 | the actuarially assumed rate for each year, compounded | ||||||
15 | annually, from the date of service to the date of payment. | ||||||
16 | Subject to the limitation in subsection (i), a State | ||||||
17 | policeman, arson
investigator, or Commerce Commission police | ||||||
18 | officer may elect to establish eligible creditable service for | ||||||
19 | up to 5 years of service as a person employed by a | ||||||
20 | participating municipality to perform police duties under | ||||||
21 | Article 7, a county corrections officer, a court services | ||||||
22 | officer under Article 9, or a firefighter
under Article 4 by | ||||||
23 | filing a written election with the Board within 6 months after | ||||||
24 | July 30, 2021 (the effective date of Public Act 102-210) and | ||||||
25 | paying to the System an amount to be determined by the Board | ||||||
26 | equal to (i) the difference between the amount of employee and |
| |||||||
| |||||||
1 | employer contributions transferred to the System under | ||||||
2 | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that | ||||||
3 | would have been contributed had such contributions been made | ||||||
4 | at the rates applicable to State policemen, plus (ii) interest | ||||||
5 | thereon at the actuarially assumed rate for each year, | ||||||
6 | compounded annually, from the date of service to the date of | ||||||
7 | payment. | ||||||
8 | Subject to the limitation in subsection (i), a | ||||||
9 | conservation police officer may elect to establish eligible | ||||||
10 | creditable service for up to 5 years of service as a person | ||||||
11 | employed by a participating municipality to perform police | ||||||
12 | duties under Article 7, a county corrections officer, or a | ||||||
13 | court services officer under Article 9 by filing a written | ||||||
14 | election with the Board within 6 months after July 30, 2021 | ||||||
15 | (the effective date of Public Act 102-210) and paying to the | ||||||
16 | System an amount to be determined by the Board equal to (i) the | ||||||
17 | difference between the amount of employee and employer | ||||||
18 | contributions transferred to the System under Sections 7-139.8 | ||||||
19 | and 9-121.10 and the amounts that would have been contributed | ||||||
20 | had such contributions been made at the rates applicable to | ||||||
21 | State policemen, plus (ii) interest thereon at the actuarially | ||||||
22 | assumed rate for each year, compounded annually, from the date | ||||||
23 | of service to the date of payment. | ||||||
24 | Notwithstanding the limitation in subsection (i), a State | ||||||
25 | policeman or conservation police officer may elect to convert | ||||||
26 | service credit earned under this Article to eligible |
| |||||||
| |||||||
1 | creditable service, as defined by this Section, by filing a | ||||||
2 | written election with the board within 6 months after July 30, | ||||||
3 | 2021 (the effective date of Public Act 102-210) and paying to | ||||||
4 | the System an amount to be determined by the Board equal to (i) | ||||||
5 | the difference between the amount of employee contributions | ||||||
6 | originally paid for that service and the amounts that would | ||||||
7 | have been contributed had such contributions been made at the | ||||||
8 | rates applicable to State policemen, plus (ii) the difference | ||||||
9 | between the employer's normal cost of the credit prior to the | ||||||
10 | conversion authorized by Public Act 102-210 and the employer's | ||||||
11 | normal cost of the credit converted in accordance with Public | ||||||
12 | Act 102-210, plus (iii) interest thereon at the actuarially | ||||||
13 | assumed rate for each year, compounded annually, from the date | ||||||
14 | of service to the date of payment. | ||||||
15 | (i) The total amount of eligible creditable service | ||||||
16 | established by any
person under subsections (g), (h), (j), | ||||||
17 | (k), (l), (l-5), (o), and (p) of this
Section shall not exceed | ||||||
18 | 12 years.
| ||||||
19 | (j) Subject to the limitation in subsection (i), an | ||||||
20 | investigator for
the Office of the State's Attorneys Appellate | ||||||
21 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
22 | establish eligible creditable service for up to 10 years of | ||||||
23 | his service as
a policeman under Article 3 or a sheriff's law | ||||||
24 | enforcement employee under
Article 7, by filing a written | ||||||
25 | election with the Board, accompanied by
payment of an amount | ||||||
26 | to be determined by the Board, equal to (1) the
difference |
| |||||||
| |||||||
1 | between the amount of employee and employer contributions
| ||||||
2 | transferred to the System under Section 3-110.6 or 7-139.8, | ||||||
3 | and the amounts
that would have been contributed had such | ||||||
4 | contributions been made at the
rates applicable to State | ||||||
5 | policemen, plus (2) interest thereon at the
effective rate for | ||||||
6 | each year, compounded annually, from the date of service
to | ||||||
7 | the date of payment.
| ||||||
8 | (k) Subject to the limitation in subsection (i) of this | ||||||
9 | Section, an
alternative formula employee may elect to | ||||||
10 | establish eligible creditable
service for periods spent as a | ||||||
11 | full-time law enforcement officer or full-time
corrections | ||||||
12 | officer employed by the federal government or by a state or | ||||||
13 | local
government located outside of Illinois, for which credit | ||||||
14 | is not held in any
other public employee pension fund or | ||||||
15 | retirement system. To obtain this
credit, the applicant must | ||||||
16 | file a written application with the Board by March
31, 1998, | ||||||
17 | accompanied by evidence of eligibility acceptable to the Board | ||||||
18 | and
payment of an amount to be determined by the Board, equal | ||||||
19 | to (1) employee
contributions for the credit being | ||||||
20 | established, based upon the applicant's
salary on the first | ||||||
21 | day as an alternative formula employee after the employment
| ||||||
22 | for which credit is being established and the rates then | ||||||
23 | applicable to
alternative formula employees, plus (2) an | ||||||
24 | amount determined by the Board
to be the employer's normal | ||||||
25 | cost of the benefits accrued for the credit being
established, | ||||||
26 | plus (3) regular interest on the amounts in items (1) and (2) |
| |||||||
| |||||||
1 | from
the first day as an alternative formula employee after | ||||||
2 | the employment for which
credit is being established to the | ||||||
3 | date of payment.
| ||||||
4 | (l) Subject to the limitation in subsection (i), a | ||||||
5 | security employee of
the Department of Corrections may elect, | ||||||
6 | not later than July 1, 1998, to
establish eligible creditable | ||||||
7 | service for up to 10 years of his or her service
as a policeman | ||||||
8 | under Article 3, by filing a written election with the Board,
| ||||||
9 | accompanied by payment of an amount to be determined by the | ||||||
10 | Board, equal to
(i) the difference between the amount of | ||||||
11 | employee and employer contributions
transferred to the System | ||||||
12 | under Section 3-110.5, and the amounts that would
have been | ||||||
13 | contributed had such contributions been made at the rates | ||||||
14 | applicable
to security employees of the Department of | ||||||
15 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
16 | for each year, compounded annually, from the date
of service | ||||||
17 | to the date of payment.
| ||||||
18 | (l-5) Subject to the limitation in subsection (i) of this | ||||||
19 | Section, a State policeman may elect to establish eligible | ||||||
20 | creditable service for up to 5 years of service as a full-time | ||||||
21 | law enforcement officer employed by the federal government or | ||||||
22 | by a state or local government located outside of Illinois for | ||||||
23 | which credit is not held in any other public employee pension | ||||||
24 | fund or retirement system. To obtain this credit, the | ||||||
25 | applicant must file a written application with the Board no | ||||||
26 | later than 3 years after January 1, 2020 (the effective date of |
| |||||||
| |||||||
1 | Public Act 101-610), accompanied by evidence of eligibility | ||||||
2 | acceptable to the Board and payment of an amount to be | ||||||
3 | determined by the Board, equal to (1) employee contributions | ||||||
4 | for the credit being established, based upon the applicant's | ||||||
5 | salary on the first day as an alternative formula employee | ||||||
6 | after the employment for which credit is being established and | ||||||
7 | the rates then applicable to alternative formula employees, | ||||||
8 | plus (2) an amount determined by the Board to be the employer's | ||||||
9 | normal cost of the benefits accrued for the credit being | ||||||
10 | established, plus (3) regular interest on the amounts in items | ||||||
11 | (1) and (2) from the first day as an alternative formula | ||||||
12 | employee after the employment for which credit is being | ||||||
13 | established to the date of payment. | ||||||
14 | (m) The amendatory changes to this Section made by Public | ||||||
15 | Act 94-696 apply only to: (1) security employees of the | ||||||
16 | Department of Juvenile Justice employed by the Department of | ||||||
17 | Corrections before June 1, 2006 (the effective date of Public | ||||||
18 | Act 94-696) and transferred to the Department of Juvenile | ||||||
19 | Justice by Public Act 94-696; and (2) persons employed by the | ||||||
20 | Department of Juvenile Justice on or after June 1, 2006 (the | ||||||
21 | effective date of Public Act 94-696) who are required by | ||||||
22 | subsection (b) of Section 3-2.5-15 of the Unified Code of | ||||||
23 | Corrections to have any bachelor's or advanced degree from an | ||||||
24 | accredited college or university or, in the case of persons | ||||||
25 | who provide vocational training, who are required to have | ||||||
26 | adequate knowledge in the skill for which they are providing |
| |||||||
| |||||||
1 | the vocational training.
| ||||||
2 | (n) A person employed in a position under subsection (b) | ||||||
3 | of this Section who has purchased service credit under | ||||||
4 | subsection (j) of Section 14-104 or subsection (b) of Section | ||||||
5 | 14-105 in any other capacity under this Article may convert up | ||||||
6 | to 5 years of that service credit into service credit covered | ||||||
7 | under this Section by paying to the Fund an amount equal to (1) | ||||||
8 | the additional employee contribution required under Section | ||||||
9 | 14-133, plus (2) the additional employer contribution required | ||||||
10 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
11 | the actuarially assumed rate from the date of the service to | ||||||
12 | the date of payment. | ||||||
13 | (o) Subject to the limitation in subsection (i), a | ||||||
14 | conservation police officer, investigator for the Secretary of | ||||||
15 | State, Commerce Commission police officer, investigator for | ||||||
16 | the Department of Revenue or the
Illinois Gaming Board, or | ||||||
17 | arson investigator subject to subsection (g) of Section 1-160 | ||||||
18 | may elect to convert up to 8 years of service credit | ||||||
19 | established before January 1, 2020 (the effective date of | ||||||
20 | Public Act 101-610) as a conservation police officer, | ||||||
21 | investigator for the Secretary of State, Commerce Commission | ||||||
22 | police officer, investigator for the Department of Revenue or | ||||||
23 | the
Illinois Gaming Board, or arson investigator under this | ||||||
24 | Article into eligible creditable service by filing a written | ||||||
25 | election with the Board no later than one year after January 1, | ||||||
26 | 2020 (the effective date of Public Act 101-610), accompanied |
| |||||||
| |||||||
1 | by payment of an amount to be determined by the Board equal to | ||||||
2 | (i) the difference between the amount of the employee | ||||||
3 | contributions actually paid for that service and the amount of | ||||||
4 | the employee contributions that would have been paid had the | ||||||
5 | employee contributions been made as a noncovered employee | ||||||
6 | serving in a position in which eligible creditable service, as | ||||||
7 | defined in this Section, may be earned, plus (ii) interest | ||||||
8 | thereon at the effective rate for each year, compounded | ||||||
9 | annually, from the date of service to the date of payment. | ||||||
10 | (p) Subject to the limitation in subsection (i), an | ||||||
11 | investigator for the Office of the Attorney General subject to | ||||||
12 | subsection (g) of Section 1-160 may elect to convert up to 8 | ||||||
13 | years of service credit established before the effective date | ||||||
14 | of this amendatory Act of the 102nd General Assembly as an | ||||||
15 | investigator for the Office of the Attorney General under this | ||||||
16 | Article into eligible creditable service by filing a written | ||||||
17 | election with the Board no later than one year after the | ||||||
18 | effective date of this amendatory Act of the 102nd General | ||||||
19 | Assembly, accompanied by payment of an amount to be determined | ||||||
20 | by the Board equal to (i) the difference between the amount of | ||||||
21 | the employee contributions actually paid for that service and | ||||||
22 | the amount of the employee contributions that would have been | ||||||
23 | paid had the employee contributions been made as a noncovered | ||||||
24 | employee serving in a position in which eligible creditable | ||||||
25 | service, as defined in this Section, may be earned, plus (ii) | ||||||
26 | interest thereon at the effective rate for each year, |
| |||||||
| |||||||
1 | compounded annually, from the date of service to the date of | ||||||
2 | payment. | ||||||
3 | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; | ||||||
4 | 102-538, eff. 8-20-21; 102-956, eff. 5-27-22 .)
| ||||||
5 | Section 45. The Intergovernmental Missing Child Recovery | ||||||
6 | Act of 1984 is amended by changing Section 6 as follows:
| ||||||
7 | (325 ILCS 40/6) (from Ch. 23, par. 2256)
| ||||||
8 | Sec. 6. The Illinois State Police shall:
| ||||||
9 | (a) Utilize the statewide Law Enforcement Agencies Data
| ||||||
10 | System (LEADS) for the purpose of effecting an immediate law | ||||||
11 | enforcement
response to reports of missing children. The | ||||||
12 | Illinois State Police shall implement an
automated data | ||||||
13 | exchange system to compile, to maintain and to make
available | ||||||
14 | for dissemination to Illinois and out-of-State law enforcement
| ||||||
15 | agencies, data which can assist appropriate agencies in | ||||||
16 | recovering missing
children.
| ||||||
17 | (b) Establish contacts and exchange information regarding | ||||||
18 | lost, missing or
runaway children with nationally recognized | ||||||
19 | "missing person and runaway"
service organizations and monitor | ||||||
20 | national research and publicize important
developments.
| ||||||
21 | (c) Provide a uniform reporting format for the entry of | ||||||
22 | pertinent
information regarding reports of missing children | ||||||
23 | into LEADS.
| ||||||
24 | (d) Develop and implement a policy whereby a statewide or |
| |||||||
| |||||||
1 | regional alert
would be used in situations relating to the | ||||||
2 | disappearances of children,
based on criteria and in a format | ||||||
3 | established by the Illinois State Police. Such a
format shall | ||||||
4 | include, but not be limited to, the age and physical | ||||||
5 | description
of the missing child and the suspected | ||||||
6 | circumstances of the disappearance.
| ||||||
7 | (e) Notify all law enforcement agencies that reports of | ||||||
8 | missing persons
shall be entered as soon as the minimum level | ||||||
9 | of data specified by the Illinois State Police
is available to | ||||||
10 | the reporting agency and that no waiting period
for entry of | ||||||
11 | such data exists.
| ||||||
12 | (f) Provide a procedure for prompt confirmation of the | ||||||
13 | receipt and entry of
the missing child report into LEADS to the | ||||||
14 | parent or guardian of the missing
child.
| ||||||
15 | (g) Compile and retain information regarding missing | ||||||
16 | children in a
separate data file, in a manner that allows such | ||||||
17 | information to be used by
law enforcement and other agencies | ||||||
18 | deemed appropriate by the Director, for
investigative | ||||||
19 | purposes. Such files shall be updated to reflect and include
| ||||||
20 | information relating to the disposition of the case.
| ||||||
21 | (h) Compile and maintain an historic data repository | ||||||
22 | relating to missing
children in order (1) to develop and | ||||||
23 | improve techniques utilized by law
enforcement agencies when | ||||||
24 | responding to reports of missing children and (2)
to provide a | ||||||
25 | factual and statistical base for research that would address
| ||||||
26 | the problem of missing children.
|
| |||||||
| |||||||
1 | (i) Create a quality control program to assess the monitor | ||||||
2 | timeliness of entries of
missing children reports into LEADS | ||||||
3 | and conduct performance audits of all
entering agencies.
| ||||||
4 | (j) Prepare a periodic information bulletin concerning | ||||||
5 | missing children
who it determines may be present in this | ||||||
6 | State, compiling such bulletin from
information contained in | ||||||
7 | both the National Crime Information Center computer
and from | ||||||
8 | reports, alerts and other information entered into LEADS or
| ||||||
9 | otherwise compiled and retained by the Illinois State Police | ||||||
10 | pursuant to this Act. The
bulletin shall indicate the name, | ||||||
11 | age, physical description, suspected
circumstances of | ||||||
12 | disappearance if that information is available, a photograph
| ||||||
13 | if one is available, the name of the law enforcement agency | ||||||
14 | investigating the
case, and such other information as the | ||||||
15 | Director considers appropriate
concerning each missing child | ||||||
16 | who the Illinois State Police determines may be present in
| ||||||
17 | this State. The Illinois State Police shall send a copy of each | ||||||
18 | periodic information
bulletin to the State Board of Education | ||||||
19 | for its use in accordance with Section
2-3.48 of the School | ||||||
20 | Code. The Illinois State Police shall provide a copy of the | ||||||
21 | bulletin,
upon request, to law enforcement agencies of this or | ||||||
22 | any other state or of the
federal government, and may provide a | ||||||
23 | copy of the bulletin, upon request, to
other persons or | ||||||
24 | entities, if deemed appropriate by the Director, and may
| ||||||
25 | establish limitations on its use and a reasonable fee for so | ||||||
26 | providing the
same, except that no fee shall be charged for |
| |||||||
| |||||||
1 | providing the periodic
information bulletin to the State Board | ||||||
2 | of Education, appropriate units of
local government, State | ||||||
3 | agencies, or law enforcement agencies of this or any
other | ||||||
4 | state or of the federal government.
| ||||||
5 | (k) Provide for the entry into LEADS of the names and | ||||||
6 | addresses of sex
offenders as defined in the Sex Offender | ||||||
7 | Registration Act who are required to
register under that Act. | ||||||
8 | The information shall be immediately accessible to
law | ||||||
9 | enforcement agencies and peace officers of this State or any | ||||||
10 | other state or
of the federal government. Similar information | ||||||
11 | may be requested from any other
state or of the federal | ||||||
12 | government for purposes of this Act.
| ||||||
13 | (l) Provide for the entry into LEADS of the names and | ||||||
14 | addresses of violent offenders against youth as defined in the | ||||||
15 | Murderer and Violent Offender Against Youth Registration Act | ||||||
16 | who are required to
register under that Act. The information | ||||||
17 | shall be immediately accessible to
law enforcement agencies | ||||||
18 | and peace officers of this State or any other state or
of the | ||||||
19 | federal government. Similar information may be requested from | ||||||
20 | any other
state or of the federal government for purposes of | ||||||
21 | this Act.
| ||||||
22 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
23 | Section 50. The Sex Offender Registration Act is amended | ||||||
24 | by changing Section 11 as follows:
|
| |||||||
| |||||||
1 | (730 ILCS 150/11)
| ||||||
2 | Sec. 11. Offender Registration Fund. There is created the | ||||||
3 | Offender Registration Fund (formerly known as the Sex
Offender | ||||||
4 | Registration Fund). Moneys in the Fund shall be used to cover | ||||||
5 | costs
incurred by the criminal justice system to administer | ||||||
6 | this Article and the Murderer and Violent Offender Against | ||||||
7 | Youth Registration Act, and for purposes as authorized under | ||||||
8 | this Section 5-9-1.15 of the Unified Code of Corrections . The | ||||||
9 | Illinois
State Police shall establish and promulgate rules and | ||||||
10 | procedures
regarding the administration of this Fund. Fifty | ||||||
11 | percent of the moneys
in the Fund shall be allocated by the | ||||||
12 | Department for sheriffs' offices and
police departments. The | ||||||
13 | remaining moneys in the Fund received under this amendatory | ||||||
14 | Act of the 101st General Assembly shall be allocated to the | ||||||
15 | Illinois State Police for education and administration of the | ||||||
16 | Act.
| ||||||
17 | Notwithstanding any other provision of law, in
addition to | ||||||
18 | any other transfers that may be provided by law, on
the | ||||||
19 | effective date of this amendatory Act of the 103rd General
| ||||||
20 | Assembly, or as soon thereafter as practical, the State
| ||||||
21 | Comptroller shall direct and the State Treasurer shall | ||||||
22 | transfer
the remaining balance from the Sex Offender | ||||||
23 | Investigation Fund
to the Offender Registration Fund. Upon | ||||||
24 | completion of the
transfers, the Sex Offender Investigation | ||||||
25 | Fund is dissolved,
and any future deposits into the Sex | ||||||
26 | Offender Investigation Fund and any outstanding
obligations or |
| |||||||
| |||||||
1 | liabilities of the Sex Offender Investigation Fund pass to the | ||||||
2 | Offender
Registration Fund. | ||||||
3 | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
|