Public Act 103-0034

HB2412 Enrolled LRB103 05885 RLC 56341 b

AN ACT concerning the Illinois State Police.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 3. The Freedom of Information Act is amended by

changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions. To the extent provided for

by the statutes referenced below, the following shall be

exempt from inspection and copying:

(a) All information determined to be confidential

under Section 4002 of the Technology Advancement and

Development Act.

(b) Library circulation and order records identifying

library users with specific materials under the Library

Records Confidentiality Act.

(c) Applications, related documents, and medical

records received by the Experimental Organ Transplantation

Procedures Board and any and all documents or other

records prepared by the Experimental Organ Transplantation

Procedures Board or its staff relating to applications it

has received.

(d) Information and records held by the Department of

Public Health and its authorized representatives relating

to known or suspected cases of sexually transmissible

disease or any information the disclosure of which is

restricted under the Illinois Sexually Transmissible

Disease Control Act.

(e) Information the disclosure of which is exempted

under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of

the Architectural, Engineering, and Land Surveying

Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted

and exempted under Section 50 of the Illinois Prepaid

Tuition Act.

(h) Information the disclosure of which is exempted

under the State Officials and Employees Ethics Act, and

records of any lawfully created State or local inspector

general's office that would be exempt if created or

obtained by an Executive Inspector General's office under

that Act.

(i) Information contained in a local emergency energy

plan submitted to a municipality in accordance with a

local emergency energy plan ordinance that is adopted

under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution

of surcharge moneys collected and remitted by carriers

under the Emergency Telephone System Act.

(k) Law enforcement officer identification information

or driver identification information compiled by a law

enforcement agency or the Department of Transportation

under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential

health care facility resident sexual assault and death

review team or the Executive Council under the Abuse

Prevention Review Team Act.

(m) Information provided to the predatory lending

database created pursuant to Article 3 of the Residential

Real Property Disclosure Act, except to the extent

authorized under that Article.

(n) Defense budgets and petitions for certification of

compensation and expenses for court appointed trial

counsel as provided under Sections 10 and 15 of the

Capital Crimes Litigation Act. This subsection (n) shall

apply until the conclusion of the trial of the case, even

if the prosecution chooses not to pursue the death penalty

prior to trial or sentencing.

(o) Information that is prohibited from being

disclosed under Section 4 of the Illinois Health and

Hazardous Substances Registry Act.

(p) Security portions of system safety program plans,

investigation reports, surveys, schedules, lists, data, or

information compiled, collected, or prepared by or for the

Department of Transportation under Sections 2705-300 and

2705-616 of the Department of Transportation Law of the

Civil Administrative Code of Illinois, the Regional

Transportation Authority under Section 2.11 of the

Regional Transportation Authority Act, or the St. Clair

County Transit District under the Bi-State Transit Safety

Act.

(q) Information prohibited from being disclosed by the

Personnel Record Review Act.

(r) Information prohibited from being disclosed by the

Illinois School Student Records Act.

(s) Information the disclosure of which is restricted

under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information

in the form of health data or medical records contained

in, stored in, submitted to, transferred by, or released

from the Illinois Health Information Exchange, and

identified or deidentified health information in the form

of health data and medical records of the Illinois Health

Information Exchange in the possession of the Illinois

Health Information Exchange Office due to its

administration of the Illinois Health Information

Exchange. The terms "identified" and "deidentified" shall

be given the same meaning as in the Health Insurance

Portability and Accountability Act of 1996, Public Law

104-191, or any subsequent amendments thereto, and any

regulations promulgated thereunder.

(u) Records and information provided to an independent

team of experts under the Developmental Disability and

Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied

for or received Firearm Owner's Identification Cards under

the Firearm Owners Identification Card Act or applied for

or received a concealed carry license under the Firearm

Concealed Carry Act, unless otherwise authorized by the

Firearm Concealed Carry Act; and databases under the

Firearm Concealed Carry Act, records of the Concealed

Carry Licensing Review Board under the Firearm Concealed

Carry Act, and law enforcement agency objections under the

Firearm Concealed Carry Act.

(v-5) Records of the Firearm Owner's Identification

Card Review Board that are exempted from disclosure under

Section 10 of the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is

exempted from disclosure under subsection (g) of Section

19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure

under Section 5-1014.3 of the Counties Code or Section

8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult

Protective Services Act and its predecessor enabling

statute, the Elder Abuse and Neglect Act, including

information about the identity and administrative finding

against any caregiver of a verified and substantiated

decision of abuse, neglect, or financial exploitation of

an eligible adult maintained in the Registry established

under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality

review team or the Illinois Fatality Review Team Advisory

Council under Section 15 of the Adult Protective Services

Act.

(aa) Information which is exempted from disclosure

under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from

disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement

Officer-Worn Body Camera Act, except to the extent

authorized under that Act.

(dd) Information that is prohibited from being

disclosed under Section 45 of the Condominium and Common

Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure

under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure

under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being

disclosed under Section 7-603.5 of the Illinois Vehicle

Code.

(hh) Records that are exempt from disclosure under

Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure

under Section 2505-800 of the Department of Revenue Law of

the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be

submitted to the Department of Labor by registering day

and temporary labor service agencies but are exempt from

disclosure under subsection (a-1) of Section 45 of the Day

and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the

Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted

and exempted under Section 5-30.8 of the Illinois Public

Aid Code.

(mm) Records that are exempt from disclosure under

Section 4.2 of the Crime Victims Compensation Act.

(nn) Information that is exempt from disclosure under

Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports

arising out of a peer support counseling session

prohibited from disclosure under the First Responders

Suicide Prevention Act.

(pp) Names and all identifying information relating to

an employee of an emergency services provider or law

enforcement agency under the First Responders Suicide

Prevention Act.

(qq) Information and records held by the Department of

Public Health and its authorized representatives collected

under the Reproductive Health Act.

(rr) Information that is exempt from disclosure under

the Cannabis Regulation and Tax Act.

(ss) Data reported by an employer to the Department of

Human Rights pursuant to Section 2-108 of the Illinois

Human Rights Act.

(tt) Recordings made under the Children's Advocacy

Center Act, except to the extent authorized under that

Act.

(uu) Information that is exempt from disclosure under

Section 50 of the Sexual Assault Evidence Submission Act.

(vv) Information that is exempt from disclosure under

subsections (f) and (j) of Section 5-36 of the Illinois

Public Aid Code.

(ww) Information that is exempt from disclosure under

Section 16.8 of the State Treasurer Act.

(xx) Information that is exempt from disclosure or

information that shall not be made public under the

Illinois Insurance Code.

(yy) Information prohibited from being disclosed under

the Illinois Educational Labor Relations Act.

(zz) Information prohibited from being disclosed under

the Illinois Public Labor Relations Act.

(aaa) Information prohibited from being disclosed

under Section 1-167 of the Illinois Pension Code.

(bbb) Information that is prohibited from disclosure

by the Illinois Police Training Act and the Illinois State

Police Act.

(ccc) Records exempt from disclosure under Section

2605-304 of the Illinois State Police Law of the Civil

Administrative Code of Illinois.

(ddd) Information prohibited from being disclosed

under Section 35 of the Address Confidentiality for

Victims of Domestic Violence, Sexual Assault, Human

Trafficking, or Stalking Act.

(eee) Information prohibited from being disclosed

under subsection (b) of Section 75 of the Domestic

Violence Fatality Review Act.

(fff) Images from cameras under the Expressway Camera

Act. This subsection (fff) is inoperative on and after

July 1, 2025 2023.

(ggg) Information prohibited from disclosure under

paragraph (3) of subsection (a) of Section 14 of the Nurse

Agency Licensing Act.

(hhh) Information submitted to the Illinois Department

of State Police in an affidavit or application for an

assault weapon endorsement, assault weapon attachment

endorsement, .50 caliber rifle endorsement, or .50 caliber

cartridge endorsement under the Firearm Owners

Identification Card Act.

(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;

101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.

1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,

eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;

101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.

1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,

eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;

102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.

7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised

2-13-23.)

Section 5. The Gun Trafficking Information Act is amended

by changing Section 10-5 as follows:

(5 ILCS 830/10-5)

Sec. 10-5. Gun trafficking information.

(a) The Illinois State Police shall use all reasonable

efforts, as allowed by State law and regulations, federal law

and regulations, and executed Memoranda of Understanding

between Illinois law enforcement agencies and the U.S. Bureau

of Alcohol, Tobacco, Firearms and Explosives, in making

publicly available, on a regular and ongoing basis, key

information related to firearms used in the commission of

crimes in this State, including, but not limited to: reports

on crimes committed with firearms, locations where the crimes

occurred, the number of persons killed or injured in the

commission of the crimes, the state where the firearms used

originated, the Federal Firearms Licensee that sold the

firearm, the type of firearms used, if known, annual

statistical information concerning Firearm Owner's

Identification Card and concealed carry license applications,

revocations, and compliance with Section 9.5 of the Firearm

Owners Identification Card Act, the information required in

the report or on the Illinois State Police's website under

Section 85 of the Firearms Restraining Order Act firearm

restraining order dispositions, and firearm dealer license

certification inspections. The Illinois State Police shall

make the information available on its website, which may be

presented in a dashboard format, in addition to electronically

filing a report with the Governor and the General Assembly.

The report to the General Assembly shall be filed with the

Clerk of the House of Representatives and the Secretary of the

Senate in electronic form only, in the manner that the Clerk

and the Secretary shall direct.

(b) The Illinois State Police shall study, on a regular

and ongoing basis, and compile reports on the number of

Firearm Owner's Identification Card checks to determine

firearms trafficking or straw purchase patterns. The Illinois

State Police shall, to the extent not inconsistent with law,

share such reports and underlying data with academic centers,

foundations, and law enforcement agencies studying firearms

trafficking, provided that personally identifying information

is protected. For purposes of this subsection (b), a Firearm

Owner's Identification Card number is not personally

identifying information, provided that no other personal

information of the card holder is attached to the record. The

Illinois State Police may create and attach an alternate

unique identifying number to each Firearm Owner's

Identification Card number, instead of releasing the Firearm

Owner's Identification Card number itself.

(c) Each department, office, division, and agency of this

State shall, to the extent not inconsistent with law,

cooperate fully with the Illinois State Police and furnish the

Illinois State Police with all relevant information and

assistance on a timely basis as is necessary to accomplish the

purpose of this Act. The Illinois Criminal Justice Information

Authority shall submit the information required in subsection

(a) of this Section to the Illinois State Police, and any other

information as the Illinois State Police may request, to

assist the Illinois State Police in carrying out its duties

under this Act.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

102-813, eff. 5-13-22.)

Section 10. The Illinois State Police Law of the Civil

Administrative Code of Illinois is amended by changing

Sections 2605-10, 2605-25, 2605-30, 2605-35, 2605-40, 2605-45,

2605-51, 2605-52, 2605-200, and 2605-615 as follows:

(20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)

Sec. 2605-10. Powers and duties, generally.

(a) The Illinois State Police shall exercise the rights,

powers, and duties that have been vested in the Illinois State

Police by the following:

The Illinois State Police Act.

The Illinois State Police Radio Act.

The Criminal Identification Act.

The Illinois Vehicle Code.

The Firearm Owners Identification Card Act.

The Firearm Concealed Carry Act.

The Firearm Dealer License Certification Act Gun Dealer

Licensing Act.

The Intergovernmental Missing Child Recovery Act of 1984.

The Intergovernmental Drug Laws Enforcement Act.

The Narcotic Control Division Abolition Act.

The Illinois Uniform Conviction Information Act.

The Murderer and Violent Offender Against Youth

Registration Act.

(b) The Illinois State Police shall have the powers and

duties set forth in the following Sections.

(c) The Illinois State Police shall exercise the rights,

powers, and duties vested in the Illinois State Police to

implement the following protective service functions for State

facilities, State officials, and State employees serving in

their official capacity:

(1) Utilize subject matter expertise and law

enforcement authority to strengthen the protection of

State government facilities, State employees, State

officials, and State critical infrastructure.

(2) Coordinate State, federal, and local law

enforcement activities involving the protection of State

facilities, officials and employees.

(3) Conduct investigations of criminal threats to

State facilities, State critical infrastructure, State

officials and State employees.

(4) Train State officials and employees in personal

protection, crime prevention, facility occupant emergency

planning, and incident management.

(5) Establish standard protocols for prevention and

response to criminal threats to State facilities, State

officials, State employees, State critical infrastructure,

and standard protocols for reporting of suspicious

activities.

(6) Establish minimum operational standards,

qualifications, training, and compliance requirements for

State employees and contractors engaged in the protection

of State facilities and employees.

(7) At the request of departments or agencies of State

government, conduct security assessments, including, but

not limited to, examination of alarm systems, cameras

systems, access points, personnel readiness, and emergency

protocols based on risk and need.

(8) Oversee the planning and implementation of

security and law enforcement activities necessary for the

protection of major, multi-jurisdictional events

implicating potential criminal threats to State officials,

State employees, or State-owned, State-leased, or

State-operated critical infrastructure or facilities.

(9) Oversee and direct the planning and implementation

of security and law enforcement activities by the

departments and agencies of the State necessary for the

protection of State employees, State officials, and

State-owned, State-leased, or State-operated critical

infrastructure or facilities from criminal activity.

(10) Advise the Governor and Homeland Security Advisor

on any matters necessary for the effective protection of

State facilities, critical infrastructure, officials, and

employees from criminal threats.

(11) Utilize intergovernmental agreements and

administrative rules as needed for the effective,

efficient implementation of law enforcement and support

activities necessary for the protection of State

facilities, State infrastructure, State officials, and

State employees.

(Source: P.A. 102-538, eff. 8-20-21.)

(20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)

Sec. 2605-25. Illinois State Police divisions.

(a) The Illinois State Police is divided into the Division

of Statewide 9-1-1, the Division of Patrol Operations, the

Division of Criminal Investigation, the Division of Forensic

Services, the Division of Justice Services, the Division of

the Academy and Training, and the Division of Internal

Investigation.

(b) The Office of the Director shall:

(1) Exercise the rights, powers, and duties vested in

the Illinois State Police by the Governor's Office of

Management and Budget Act.

(2) Exercise the rights, powers, and duties vested in

the Illinois State Police by the Personnel Code.

(3) Exercise the rights, powers, and duties vested in

the Illinois State Police by "An Act relating to internal

auditing in State government", approved August 11, 1967

(repealed; now the Fiscal Control and Internal Auditing

Act).

(4) Oversee the Executive Protection Unit.

(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)

(20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)

Sec. 2605-30. Division of Patrol Operations (formerly

State Troopers). The Division of Patrol Operations shall

exercise the following functions and those in Section 2605-35:

(1) Cooperate with federal and State authorities

requesting utilization of the Illinois State Police's

radio network system under the Illinois Aeronautics Act.

(2) Exercise the rights, powers, and duties of the

Illinois State Police under the Illinois State Police Act.

(2.5) Provide uniformed patrol of Illinois highways

and proactively enforce criminal and traffic laws.

(3) (Blank).

(4) Exercise the rights, powers, and duties of the

Illinois State Police vested by law in the Illinois State

Police by the Illinois Vehicle Code.

(5) Exercise other duties that have been or may be

vested by law in the Illinois State Police.

(6) Exercise other duties that may be assigned by the

Director in order to fulfill the responsibilities and to

achieve the purposes of the Illinois State Police.

(7) Provide comprehensive law enforcement services to

the public and to county, municipal, and federal law

enforcement agencies, at their request.

(8) Patrol Illinois highways with the intent to

interdict crime and ensure traffic safety while assisting

citizens during times of need.

(Source: P.A. 102-538, eff. 8-20-21.)

(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)

Sec. 2605-35. Division of Criminal Investigation.

(a) The Division of Criminal Investigation shall exercise

the following functions and those in Section 2605-30:

(1) Exercise the rights, powers, and duties vested by

law in the Illinois State Police by the Illinois Horse

Racing Act of 1975, including those set forth in Section

2605-215.

(2) Investigate the origins, activities, personnel,

and incidents of crime and enforce the criminal laws of

this State related thereto.

(3) Enforce all laws regulating the production, sale,

prescribing, manufacturing, administering, transporting,

having in possession, dispensing, delivering,

distributing, or use of controlled substances and

cannabis.

(4) Cooperate with the police of cities, villages, and

incorporated towns and with the police officers of any

county in enforcing the laws of the State and in making

arrests and recovering property.

(5) Apprehend and deliver up any person charged in

this State or any other state with treason or a felony or

other crime who has fled from justice and is found in this

State.

(6) Investigate recipients and providers under the

Illinois Public Aid Code and any personnel involved in the

administration of the Code who are suspected of any

violation of the Code pertaining to fraud in the

administration, receipt, or provision of assistance and

pertaining to any violation of criminal law; and exercise

the functions required under Section 2605-220 in the

conduct of those investigations.

(7) Conduct other investigations as provided by law,

including, but not limited to, investigations of human

trafficking, illegal drug trafficking, and illegal

firearms trafficking, and cyber crimes that can be

investigated and prosecuted in Illinois.

(8) Investigate public corruption.

(9) Exercise other duties that may be assigned by the

Director in order to fulfill the responsibilities and

achieve the purposes of the Illinois State Police, which

may include the coordination of gang, terrorist, and

organized crime prevention, control activities, and

assisting local law enforcement in their crime control

activities.

(10) Conduct investigations (and cooperate with

federal law enforcement agencies in the investigation) of

any property-related crimes, such as money laundering,

involving individuals or entities listed on the sanctions

list maintained by the U.S. Department of Treasury's

Office of Foreign Asset Control.

(11) Oversee Illinois State Police special weapons and

tactics (SWAT) teams, including law enforcement response

to weapons of mass destruction.

(12) Oversee Illinois State Police air operations.

(13) Investigate criminal domestic terrorism

incidents, and otherwise deter all criminal threats to

Illinois.

(a-5) The Division of Criminal Investigation shall gather

information, intelligence, and evidence to facilitate the

identification, apprehension, and prosecution of persons

responsible for committing crime; to provide specialized

intelligence and analysis, investigative, tactical, and

technological services in support of law enforcement

operations throughout the State of Illinois; and to oversee

and operate the statewide criminal intelligence fusion center.

(b) (Blank).

(c) The Division of Criminal Investigation shall provide

statewide coordination and strategy pertaining to

firearm-related intelligence, firearms trafficking

interdiction, and investigations reaching across all divisions

of the Illinois State Police, including providing crime gun

intelligence support for suspects and firearms involved in

firearms trafficking or the commission of a crime involving

firearms that is investigated by the Illinois State Police and

other federal, State, and local law enforcement agencies, with

the objective of reducing and preventing illegal possession

and use of firearms, firearms trafficking, firearm-related

homicides, and other firearm-related violent crimes in

Illinois.

(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;

102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23.)

(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)

Sec. 2605-40. Division of Forensic Services. The Division

of Forensic Services shall exercise the following functions:

(1) Provide crime scene services and traffic crash

reconstruction.

(2) Exercise the rights, powers, and duties vested by

law in the Illinois State Police by Section 2605-300 of

this Law.

(3) Provide assistance to local law enforcement

agencies through training, management, and consultant

services.

(4) (Blank).

(5) Exercise other duties that may be assigned by the

Director in order to fulfill the responsibilities and

achieve the purposes of the Illinois State Police.

(6) Establish and operate a forensic science

laboratory system, including a forensic toxicological

laboratory service, for the purpose of testing specimens

submitted by coroners and other law enforcement officers

in their efforts to determine whether alcohol, drugs, or

poisonous or other toxic substances have been involved in

deaths, accidents, or illness. Forensic toxicological

laboratories shall be established in Springfield, Chicago,

and elsewhere in the State as needed.

(6.5) Establish administrative rules in order to set

forth standardized requirements for the disclosure of

toxicology results and other relevant documents related to

a toxicological analysis. These administrative rules are

to be adopted to produce uniform and sufficient

information to allow a proper, well-informed determination

of the admissibility of toxicology evidence and to ensure

that this evidence is presented competently. These

administrative rules are designed to provide a minimum

standard for compliance of toxicology evidence and are not

intended to limit the production and discovery of material

information.

(7) Subject to specific appropriations made for these

purposes, establish and coordinate a system for providing

accurate and expedited forensic science and other

investigative and laboratory services to local law

enforcement agencies and local State's Attorneys in aid of

the investigation and trial of capital cases.

(8) Exercise the rights, powers, and duties vested by

law in the Illinois State Police under the Sexual Assault

Evidence Submission Act.

(9) Serve as the State central repository for all

genetic marker grouping analysis information and exercise

the rights, powers, and duties vested by law in the

Illinois State Police under Section 5-4-3 of the Unified

Code of Corrections.

(10) Issue reports required under Section 5-4-3a of

the Unified Code of Corrections.

(11) Oversee the Electronic Laboratory Information

Management System under Section 5-4-3b of the Unified Code

of Corrections.

(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21;

102-813, eff. 5-13-22.)

(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)

Sec. 2605-45. Division of Justice Services. The Division

of Justice Services shall provide administrative and technical

services and support to the Illinois State Police, criminal

justice agencies, and the public and shall exercise the

following functions:

(1) Operate and maintain the Law Enforcement Agencies

Data System (LEADS), a statewide, computerized

telecommunications system designed to provide services,

information, and capabilities to the law enforcement and

criminal justice community in the State of Illinois. The

Director is responsible for establishing policy,

procedures, and regulations consistent with State and

federal rules, policies, and law by which LEADS operates.

The Director shall designate a statewide LEADS

Administrator for management of the system. The Director

may appoint a LEADS Advisory Policy Board to reflect the

needs and desires of the law enforcement and criminal

justice community and to make recommendations concerning

policies and procedures.

(2) Pursue research and the publication of studies

pertaining to local law enforcement activities.

(3) Serve as the State's point of contact for the

Federal Bureau of Investigation's Uniform Crime Reporting

Program and National Incident-Based Reporting System.

(4) Operate an electronic data processing and computer

center for the storage and retrieval of data pertaining to

criminal activity.

(5) Exercise the rights, powers, and duties vested in

the Illinois State Police by the Cannabis Regulation and

Tax Act and the Compassionate Use of Medical Cannabis

Program Act.

(6) (Blank).

(6.5) Exercise the rights, powers, and duties vested

in the Illinois State Police by the Firearm Owners

Identification Card Act, the Firearm Concealed Carry Act,

the Firearm Transfer Inquiry Program, the prohibited

persons portal under Section 2605-304, and the Firearm

Dealer License Certification Act.

(7) Exercise other duties that may be assigned by the

Director to fulfill the responsibilities and achieve the

purposes of the Illinois State Police.

(8) Exercise the rights, powers, and duties vested by

law in the Illinois State Police by the Criminal

Identification Act and the Illinois Uniform Conviction

Information Act.

(9) Exercise the powers and perform the duties that

have been vested in the Illinois State Police by the

Murderer and Violent Offender Against Youth Registration

Act, the Sex Offender Registration Act, and the Sex

Offender Community Notification Law and adopt reasonable

rules necessitated thereby.

(10) Serve as the State central repository for

criminal history record information.

(11) 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.

(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)

(20 ILCS 2605/2605-51)

Sec. 2605-51. Division of the Academy and Training.

(a) The Division of the Academy and Training shall

exercise, but not be limited to, the following functions:

(1) Oversee and operate the Illinois State Police

Training Academy.

(2) Train and prepare new officers for a career in law

enforcement, with innovative, quality training and

educational practices.

(3) Offer continuing training and educational programs

for Illinois State Police employees.

(4) Oversee the Illinois State Police's recruitment

initiatives.

(5) Oversee and operate the Illinois State Police's

quartermaster.

(6) Duties assigned to the Illinois State Police in

Article 5, Chapter 11 of the Illinois Vehicle Code

concerning testing and training officers on the detection

of impaired driving.

(7) Duties assigned to the Illinois State Police in

Article 108B of the Code of Criminal Procedure.

(a-5) Successful completion of the Illinois State Police

Academy satisfies the minimum standards pursuant to

subsections (a), (b), and (d) of Section 7 of the Illinois

Police Training Act and exempts State police officers from the

Illinois Law Enforcement Training Standards Board's State

Comprehensive Examination and Equivalency Examination.

Satisfactory completion shall be evidenced by a commission or

certificate issued to the officer.

(b) The Division of the Academy and Training shall

exercise the rights, powers, and duties vested in the former

Division of State Troopers by Section 17 of the Illinois State

Police Act.

(c) Specialized training.

(1) Training; cultural diversity. The Division of the

Academy and Training shall provide training and continuing

education to State police officers concerning cultural

diversity, including sensitivity toward racial and ethnic

differences. This training and continuing education shall

include, but not be limited to, an emphasis on the fact

that the primary purpose of enforcement of the Illinois

Vehicle Code is safety and equal and uniform enforcement

under the law.

(2) Training; death and homicide investigations. The

Division of the Academy and Training shall provide

training in death and homicide investigation for State

police officers. Only State police officers who

successfully complete the training may be assigned as lead

investigators in death and homicide investigations.

Satisfactory completion of the training shall be evidenced

by a certificate issued to the officer by the Division of

the Academy and Training. The Director shall develop a

process for waiver applications for officers whose prior

training and experience as homicide investigators may

qualify them for a waiver. The Director may issue a

waiver, at his or her discretion, based solely on the

prior training and experience of an officer as a homicide

investigator.

(A) The Division shall require all homicide

investigator training to include instruction on

victim-centered, trauma-informed investigation. This

training must be implemented by July 1, 2023.

(B) The Division shall cooperate with the Division

of Criminal Investigation to develop a model

curriculum on victim-centered, trauma-informed

investigation. This curriculum must be implemented by

July 1, 2023.

(3) Training; police dog training standards. All

police dogs used by the Illinois State Police for drug

enforcement purposes pursuant to the Cannabis Control Act,

the Illinois Controlled Substances Act, and the

Methamphetamine Control and Community Protection Act shall

be trained by programs that meet the certification

requirements set by the Director or the Director's

designee. Satisfactory completion of the training shall be

evidenced by a certificate issued by the Division of the

Academy and Training.

(4) Training; post-traumatic stress disorder. The

Division of the Academy and Training shall conduct or

approve a training program in post-traumatic stress

disorder for State police officers. The purpose of that

training shall be to equip State police officers to

identify the symptoms of post-traumatic stress disorder

and to respond appropriately to individuals exhibiting

those symptoms.

(5) Training; opioid antagonists. The Division of the

Academy and Training shall conduct or approve a training

program for State police officers in the administration of

opioid antagonists as defined in paragraph (1) of

subsection (e) of Section 5-23 of the Substance Use

Disorder Act that is in accordance with that Section. As

used in this Section, "State police officers" includes

full-time or part-time State police officers,

investigators, and any other employee of the Illinois

State Police exercising the powers of a peace officer.

(6) Training; sexual assault and sexual abuse.

(A) Every 3 years, the Division of the Academy and

Training shall present in-service training on sexual

assault and sexual abuse response and report writing

training requirements, including, but not limited to,

the following:

(i) recognizing the symptoms of trauma;

(ii) understanding the role trauma has played

in a victim's life;

(iii) responding to the needs and concerns of

a victim;

(iv) delivering services in a compassionate,

sensitive, and nonjudgmental manner;

(v) interviewing techniques in accordance with

the curriculum standards in this paragraph (6);

(vi) understanding cultural perceptions and

common myths of sexual assault and sexual abuse;

and

(vii) report writing techniques in accordance

with the curriculum standards in this paragraph

(6).

(B) This training must also be presented in all

full and part-time basic law enforcement academies.

(C) Instructors providing this training shall have

successfully completed training on evidence-based,

trauma-informed, victim-centered responses to cases of

sexual assault and sexual abuse and have experience

responding to sexual assault and sexual abuse cases.

(D) The Illinois State Police shall adopt rules,

in consultation with the Office of the Attorney

General and the Illinois Law Enforcement Training

Standards Board, to determine the specific training

requirements for these courses, including, but not

limited to, the following:

(i) evidence-based curriculum standards for

report writing and immediate response to sexual

assault and sexual abuse, including

trauma-informed, victim-centered interview

techniques, which have been demonstrated to

minimize retraumatization, for all State police

officers; and

(ii) evidence-based curriculum standards for

trauma-informed, victim-centered investigation

and interviewing techniques, which have been

demonstrated to minimize retraumatization, for

cases of sexual assault and sexual abuse for all

State police officers who conduct sexual assault

and sexual abuse investigations.

(7) Training; human trafficking. The Division of the

Academy and Training shall conduct or approve a training

program in the detection and investigation of all forms of

human trafficking, including, but not limited to,

involuntary servitude under subsection (b) of Section 10-9

of the Criminal Code of 2012, involuntary sexual servitude

of a minor under subsection (c) of Section 10-9 of the

Criminal Code of 2012, and trafficking in persons under

subsection (d) of Section 10-9 of the Criminal Code of

2012. This program shall be made available to all cadets

and State police officers.

(8) Training; hate crimes. The Division of the Academy

and Training shall provide training for State police

officers in identifying, responding to, and reporting all

hate crimes.

(d) The Division of the Academy and Training shall

administer and conduct a program consistent with 18 U.S.C.

926B and 926C for qualified active and retired Illinois State

Police officers.

(Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22;

102-813, eff. 5-13-22.)

(20 ILCS 2605/2605-52)

Sec. 2605-52. Division of Statewide 9-1-1.

(a) There shall be established an Office of the Statewide

9-1-1 Administrator within the Division of Statewide 9-1-1.

Beginning January 1, 2016, the Office of the Statewide 9-1-1

Administrator shall be responsible for developing,

implementing, and overseeing a uniform statewide 9-1-1 system

for all areas of the State outside of municipalities having a

population over 500,000.

(b) The Governor shall appoint, with the advice and

consent of the Senate, a Statewide 9-1-1 Administrator. The

Administrator shall serve for a term of 2 years, and until a

successor is appointed and qualified; except that the term of

the first 9-1-1 Administrator appointed under this Act shall

expire on the third Monday in January, 2017. The Administrator

shall not hold any other remunerative public office. The

Administrator shall receive an annual salary as set by the

Governor.

(c) The Illinois State Police, from appropriations made to

it for that purpose, shall make grants to 9-1-1 Authorities

for the purpose of defraying costs associated with 9-1-1

system consolidations awarded by the Administrator under

Section 15.4b of the Emergency Telephone System Act.

(d) The Division of Statewide 9-1-1 shall exercise the

rights, powers, and duties vested by law in the Illinois State

Police by the State Police Radio Act and shall oversee the

Illinois State Police radio network, including the Illinois

State Police Emergency Radio Network and Illinois State

Police's STARCOM21.

(e) The Division of Statewide 9-1-1 shall also conduct the

following communication activities:

(1) Acquire and operate one or more radio broadcasting

stations in the State to be used for police purposes.

(2) Operate a statewide communications network to

gather and disseminate information for law enforcement

agencies.

(3) Undertake other communication activities that may

be required by law.

(4) Oversee Illinois State Police telecommunications.

(f) The Division of Statewide 9-1-1 shall oversee the

Illinois State Police fleet operations.

(Source: P.A. 102-538, eff. 8-20-21.)

(20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)

Sec. 2605-200. Investigations of crime; enforcement of

laws; records; crime laboratories; personnel.

(a) To do the following:

(1) Investigate the origins, activities, personnel,

and incidents of crime and the ways and means to redress

the victims of crimes; study the impact, if any, of

legislation relative to the effusion of crime and growing

crime rates; and enforce the criminal laws of this State

related thereto.

(2) Enforce all laws regulating the production, sale,

prescribing, manufacturing, administering, transporting,

having in possession, dispensing, delivering,

distributing, or use of controlled substances and

cannabis.

(3) Employ skilled experts, scientists, technicians,

investigators, or otherwise specially qualified persons to

aid in preventing or detecting crime, apprehending

criminals, or preparing and presenting evidence of

violations of the criminal laws of the State.

(4) Cooperate with the police of cities, villages, and

incorporated towns and with the police officers of any

county in enforcing the laws of the State and in making

arrests and recovering property.

(5) Apprehend and deliver up any person charged in

this State or any other state of the United States with

treason or a felony or other crime who has fled from

justice and is found in this State.

(6) Conduct other investigations as provided by law.

(7) Be a central repository and custodian of criminal

statistics for the State.

(8) Be a central repository for criminal history

record information.

(9) Procure and file for record information that is

necessary and helpful to plan programs of crime

prevention, law enforcement, and criminal justice.

(10) Procure and file for record copies of

fingerprints that may be required by law.

(11) Establish general and field crime laboratories.

(12) Register and file for record information that may

be required by law for the issuance of firearm owner's

identification cards under the Firearm Owners

Identification Card Act and concealed carry licenses under

the Firearm Concealed Carry Act.

(13) Employ laboratory technicians and other specially

qualified persons to aid in the identification of criminal

activity and the identification, collection, and recovery

of cyber forensics, including, but not limited to, digital

evidence, and may employ polygraph operators and forensic

anthropologists.

(14) Undertake other identification, information,

laboratory, statistical, or registration activities that

may be required by law.

(b) Persons exercising the powers set forth in subsection

(a) within the Illinois State Police are conservators of the

peace and as such have all the powers possessed by policemen in

cities and sheriffs, except that they may exercise those

powers anywhere in the State in cooperation with and after

contact with the local law enforcement officials. Those

persons may use false or fictitious names in the performance

of their duties under this Section, upon approval of the

Director, and shall not be subject to prosecution under the

criminal laws for that use.

(Source: P.A. 102-538, eff. 8-20-21.)

(20 ILCS 2605/2605-615)

Sec. 2605-615. Illinois Forensic Science Commission.

(a) Creation. There is created within the Illinois State

Police the Illinois Forensic Science Commission.

(b) Duties and purpose. The Commission shall:

(1) Provide guidance to ensure the efficient delivery

of forensic services and the sound practice of forensic

science.

(2) Provide a forum for discussions between forensic

science stakeholders to improve communication and

coordination and to monitor the important issues impacting

all stakeholders.

(3) Take a systems-based approach in reviewing all

aspects of the delivery of forensic services and the sound

practice of forensic science with the goal of reducing or

eliminating the factors and inefficiencies that contribute

to backlogs and errors, with a focus on education and

training, funding, hiring, procurement, and other aspects

identified by the Commission.

(4) Review significant non-conformities with the sound

practice of forensic science documented by each publicly

funded forensic laboratory and offer recommendations for

the correction thereof.

(5) Subject to appropriation, provide educational,

research, and professional training opportunities for

practicing forensic scientists, police officers, judges,

State's Attorneys and Assistant State's Attorneys, Public

Defenders, and defense attorneys comporting with the sound

practice of forensic science.

(6) Collect and analyze information related to the

impact of current laws, rules, policies, and practices on

forensic crime laboratories and the practice of forensic

science; evaluate the impact of those laws, rules,

policies, and practices on forensic crime laboratories and

the practice of forensic science; identify new policies

and approaches, together with changes in science, and

technology; and make recommendations for changes to those

laws, rules, policies, and practices that will yield

better results in the criminal justice system consistent

with the sound practice of forensic science.

(7) Perform such other studies or tasks pertaining to

forensic crime laboratories as may be requested by the

General Assembly by resolution or the Governor, and

perform such other functions as may be required by law or

as are necessary to carry out the purposes and goals of the

Commission prescribed in this Section.

(8) Ensure that adequate resources and facilities are

available for carrying out the changes proposed in

legislation, rules, or policies and that rational

priorities are established for the use of those resources.

To do so, the Commission may prepare statements to the

Governor and General Assembly identifying the fiscal and

practical effects of proposed legislation, rules, or

policy changes. Such statements may include, but are not

limited to: the impact on present levels of staffing and

resources; a professional opinion on the practical value

of the change or changes; the increase or decrease the

number of crime laboratories; the increase or decrease the

cost of operating crime laboratories; the impact on

efficiencies and caseloads; other information, including

but not limited to, facts, data, research, and science

relevant to the legislation, rule, or policy; the direct

or indirect alteration in any process involving or used by

crime laboratories of such proposed legislation, rules, or

policy changes; an analysis of the impact, either directly

or indirectly, on the technology, improvements, or

practices of forensic analyses for use in criminal

proceedings; together with the direct or indirect impact

on headcount, space, equipment, instruments,

accreditation, the volume of cases for analysis,

scientific controls, and quality assurance.

(c) Members. The Commission shall be composed of the

Director of the Illinois State Police, or his or her designee,

together with the following members appointed for a term of 4

years by the Governor with the advice and consent of the

Senate:

(1) One crime laboratory director or administrator

from each publicly funded forensic laboratory system.

(2) One member with experience in the admission of

forensic evidence in trials from a statewide association

representing prosecutors.

(3) One member with experience in the admission of

forensic evidence in trials from a statewide association

representing criminal defense attorneys.

(4) Three forensic scientists with bench work

background from various forensic disciplines (e.g., DNA,

chemistry, pattern evidence, etc.).

(5) One retired circuit court judge or associate

circuit court judge with criminal trial experience,

including experience in the admission of forensic evidence

in trials.

(6) One academic specializing in the field of forensic

sciences.

(7) One or more community representatives (e.g.,

victim advocates, innocence project organizations, sexual

assault examiners, etc.).

(8) One member who is a medical examiner or coroner.

The Governor shall designate one of the members of the

Commission to serve as the chair of the Commission. The

members of the Commission shall elect from their number such

other officers as they may determine. Members of the

Commission shall serve without compensation, but may be

reimbursed for reasonable expenses incurred in the performance

of their duties from funds appropriated for that purpose.

(d) Subcommittees. The Commission may form subcommittees

to study specific issues identified under paragraph (3) of

subsection (b), including, but not limited to, subcommittees

on education and training, procurement, funding and hiring. Ad

hoc subcommittees may also be convened to address other

issues. Such subcommittees shall meet as needed to complete

their work, and shall report their findings back to the

Commission. Subcommittees shall include members of the

Commission, and may also include non-members such as forensic

science stakeholders and subject matter experts.

(e) Meetings. The Commission shall meet quarterly, at the

call of the chairperson. Facilities for meeting, whether

remotely or in person, shall be provided for the Commission by

the Illinois State Police.

(f) Reporting by publicly funded forensic laboratories.

All State and local publicly funded forensic laboratory

systems, including, but not limited to, the DuPage County

Forensic Science Center, the Northeastern Illinois Regional

Crime Laboratory, and the Illinois State Police, shall

annually provide to the Commission a report summarizing its

significant non-conformities with the efficient delivery of

forensic services and the sound practice of forensic science.

The report will identify: each significant non-conformity or

deficient method; how the non-conformity or deficient method

was detected; the nature and extent of the non-conformity or

deficient method; all corrective actions implemented to

address the non-conformity or deficient method; and an

analysis of the effectiveness of the corrective actions taken.

(g) Definition. As used in this Section, "Commission"

means the Illinois Forensic Science Commission.

(Source: P.A. 102-523, eff. 8-20-21.)

Section 15. The Illinois State Police Act is amended by

changing Sections 16 and 20 as follows:

(20 ILCS 2610/16) (from Ch. 121, par. 307.16)

Sec. 16. State policemen shall enforce the provisions of

The Illinois Vehicle Code, approved September 29, 1969, as

amended, and Article 9 of the "Illinois Highway Code" as

amended; and shall patrol the public highways and rural

districts to make arrests for violations of the provisions of

such Acts. They are conservators of the peace and as such have

all powers possessed by policemen in cities, and sheriffs,

except that they may exercise such powers anywhere in this

State. The State policemen shall cooperate with the police of

cities, villages and incorporated towns, and with the police

officers of any county, in enforcing the laws of the State and

in making arrests and recovering property. They may be

equipped with standardized and tested devices for weighing

motor vehicles and may stop and weigh, acting reasonably, or

cause to be weighed, any motor vehicle which appears to weigh

in excess of the weight permitted by law. It shall also be the

duty of the Illinois State Police to determine, whenever

possible, the person or persons or the causes responsible for

the breaking or destruction of any improved hard-surfaced

roadway; to arrest all persons criminally responsible for such

breaking or destruction and bring them before the proper

officer for trial. The Illinois State Police shall divide the

State into zones, troops, or regions Districts and assign each

zone, troop, or region district to one or more policemen. No

person employed under this Act, however, shall serve or

execute civil process, except for process issued under the

authority of the General Assembly, or a committee or

commission thereof vested with subpoena powers when the county

sheriff refuses or fails to serve such process, and except for

process allowed by statute or issued under the authority of

the Illinois Department of Revenue.

(Source: P.A. 102-538, eff. 8-20-21.)

(20 ILCS 2610/20) (from Ch. 121, par. 307.18a)

Sec. 20. The Illinois State Police from time to time may

enter into contracts with The Illinois State Toll Highway

Authority, hereinafter called the Authority, with respect to

the policing of toll highways by the Illinois State Police.

Such contracts shall provide among other matters for the

compensation or reimbursement of the Illinois State Police by

the Authority for the costs incurred by this State with

respect to such policing service, including, but not limited

to, the costs of: (1) compensation and training of the State

policemen and the clerical employees assigned to such policing

service; and (2) uniforms, equipment, and supplies, which

shall be Illinois State Police property, and housing used by

such personnel; and (3) reimbursement of such sums as the

State expends in connection with payments of claims for

injuries or illnesses suffered by such personnel in the line

of duty. Each such contract may provide for the methods of

ascertaining such costs, and shall be of such duration and may

contain such other appropriate terms as the Illinois State

Police and the Authority may agree upon. The Illinois State

Police is not obliged to furnish policing service on any

highway under the jurisdiction of the Authority except as

required by contract.

(Source: P.A. 102-538, eff. 8-20-21.)

Section 20. The Illinois State Police Radio Act is amended

by changing Section 10 as follows:

(20 ILCS 2615/10)

Sec. 10. Public safety radio interoperability. Upon their

establishment and thereafter, the Director of the Illinois

State Police, or his or her designee, shall serve as the

chairman of the Illinois Statewide Interoperability Executive

Committee (SIEC) and as the chairman of the STARCOM21

Oversight Committee. The Director or his or her designee, as

chairman, may increase the size and makeup of the voting

membership of each committee when deemed necessary for

improved public safety radio interoperability, but the voting

membership of each committee must represent public safety

users (police, fire, or EMS) and must, at a minimum, include

the representatives specified in this Section.

The STARCOM21 Oversight Committee must comprise public

safety users accessing the system and shall include the

Statewide Interoperability Coordinator. The members of the

STARCOM21 Oversight Committee shall serve without compensation

and may, at the call of the Chair, meet in person or remotely.

The Illinois State Police shall provide administrative and

other support to the STARCOM21 Oversight Committee. The

STARCOM21 Oversight Committee shall:

(1) review existing statutory law and make

recommendations for legislative changes to ensure

efficient, effective, reliable, and sustainable radio

interoperability statewide;

(2) make recommendations concerning better integration

of the Integrated Public Alert and Warning System

statewide; and

(3) develop a plan to sustainably fund radio

infrastructure, radio equipment, and interoperability

statewide.

The SIEC shall have at a minimum one representative from

each of the following: the Illinois Fire Chiefs Association,

the Rural Fire Protection Association, the Office of the State

Fire Marshal, the Illinois Association of Chiefs of Police,

the Illinois Sheriffs' Association, the Illinois State Police,

the Illinois Emergency Management Agency, the Department of

Public Health, and the Secretary of State Police (which

representative shall be the Director of the Secretary of State

Police or his or her designee).

(Source: P.A. 102-538, eff. 8-20-21.)

Section 25. The State Finance Act is amended by changing

Sections 6z-82, 6z-127, and 8.3 as follows:

(30 ILCS 105/6z-82)

Sec. 6z-82. State Police Operations Assistance Fund.

(a) There is created in the State treasury a special fund

known as the State Police Operations Assistance Fund. The Fund

shall receive revenue under the Criminal and Traffic

Assessment Act. The Fund may also receive revenue from grants,

donations, appropriations, and any other legal source.

(a-5) Notwithstanding any other provision of law to the

contrary, and in addition to any other transfers that may be

provided by law, on August 20, 2021 (the effective date of

Public Act 102-505), or as soon thereafter as practical, the

State Comptroller shall direct and the State Treasurer shall

transfer the remaining balance from the Over Dimensional Load

Police Escort Fund into the State Police Operations Assistance

Fund. Upon completion of the transfer, the Over Dimensional

Load Police Escort Fund is dissolved, and any future deposits

due to that Fund and any outstanding obligations or

liabilities of that Fund shall pass to the State Police

Operations Assistance Fund.

This Fund may charge, collect, and receive fees or moneys

as described in Section 15-312 of the Illinois Vehicle Code,

and receive all fees received by the Illinois State Police

under that Section. The moneys shall be used by the Illinois

State Police for its expenses in providing police escorts and

commercial vehicle enforcement activities.

(b) The Illinois State Police may use moneys in the Fund to

finance any of its lawful purposes or functions.

(c) Expenditures may be made from the Fund only as

appropriated by the General Assembly by law.

(d) Investment income that is attributable to the

investment of moneys in the Fund shall be retained in the Fund

for the uses specified in this Section.

(e) The State Police Operations Assistance Fund shall not

be subject to administrative chargebacks.

(f) (Blank).

(g) Notwithstanding any other provision of State law to

the contrary, on or after July 1, 2021, in addition to any

other transfers that may be provided for by law, at the

direction of and upon notification from the Director of the

Illinois State Police, the State Comptroller shall direct and

the State Treasurer shall transfer amounts not exceeding

$7,000,000 into the State Police Operations Assistance Fund

from the State Police Services Fund.

(h) Notwithstanding any other provision of law, in

addition to any other transfers that may be provided by law, on

the effective date of this amendatory Act of the 103rd General

Assembly, or as soon thereafter as practical, the State

Comptroller shall direct and the State Treasurer shall

transfer the remaining balance from the State Police

Streetgang-Related Crime Fund to the State Police Operations

Assistance Fund. Upon completion of the transfers, the State

Police Streetgang-Related Crime Fund is dissolved, and any

future deposits into the State Police Streetgang-Related Crime

Fund and any outstanding obligations or liabilities of the

State Police Streetgang-Related Crime Fund pass to the State

Police Operations Assistance Fund.

(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;

102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

(30 ILCS 105/6z-127)

Sec. 6z-127. State Police Revocation Enforcement Fund.

(a) The State Police Revocation Enforcement Fund is

established as a special fund in the State treasury. This Fund

is established to receive moneys from the Firearm Owners

Identification Card Act to enforce that Act, the Firearm

Concealed Carry Act, Article 24 of the Criminal Code of 2012,

and other firearm offenses. The Fund may also receive revenue

from grants, donations, appropriations, and any other legal

source.

(b) The Illinois State Police may use moneys from the Fund

to establish task forces and, if necessary, include other law

enforcement agencies, under intergovernmental contracts

written and executed in conformity with the Intergovernmental

Cooperation Act.

(c) The Illinois State Police may use moneys in the Fund to

hire and train State Police officers and for the prevention of

violent crime.

(d) The State Police Revocation Enforcement Fund is not

subject to administrative chargebacks.

(e) Law enforcement agencies that participate in Firearm

Owner's Identification Card revocation enforcement in the

Violent Crime Intelligence Task Force may apply for grants

from the Illinois State Police.

(f) Any surplus in the Fund beyond what is necessary to

ensure compliance with subsections (a) through (e) or moneys

that are specifically appropriated for those purposes shall be

used by the Illinois State Police to award grants to assist

with the data reporting requirements of the Gun Trafficking

Information Act.

(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.)

(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)

Sec. 8.3. Money in the Road Fund shall, if and when the

State of Illinois incurs any bonded indebtedness for the

construction of permanent highways, be set aside and used for

the purpose of paying and discharging annually the principal

and interest on that bonded indebtedness then due and payable,

and for no other purpose. The surplus, if any, in the Road Fund

after the payment of principal and interest on that bonded

indebtedness then annually due shall be used as follows:

first -- to pay the cost of administration of Chapters

2 through 10 of the Illinois Vehicle Code, except the cost

of administration of Articles I and II of Chapter 3 of that

Code, and to pay the costs of the Executive Ethics

Commission for oversight and administration of the Chief

Procurement Officer appointed under paragraph (2) of

subsection (a) of Section 10-20 of the Illinois

Procurement Code for transportation; and

secondly -- for expenses of the Department of

Transportation for construction, reconstruction,

improvement, repair, maintenance, operation, and

administration of highways in accordance with the

provisions of laws relating thereto, or for any purpose

related or incident to and connected therewith, including

the separation of grades of those highways with railroads

and with highways and including the payment of awards made

by the Illinois Workers' Compensation Commission under the

terms of the Workers' Compensation Act or Workers'

Occupational Diseases Act for injury or death of an

employee of the Division of Highways in the Department of

Transportation; or for the acquisition of land and the

erection of buildings for highway purposes, including the

acquisition of highway right-of-way or for investigations

to determine the reasonably anticipated future highway

needs; or for making of surveys, plans, specifications and

estimates for and in the construction and maintenance of

flight strips and of highways necessary to provide access

to military and naval reservations, to defense industries

and defense-industry sites, and to the sources of raw

materials and for replacing existing highways and highway

connections shut off from general public use at military

and naval reservations and defense-industry sites, or for

the purchase of right-of-way, except that the State shall

be reimbursed in full for any expense incurred in building

the flight strips; or for the operating and maintaining of

highway garages; or for patrolling and policing the public

highways and conserving the peace; or for the operating

expenses of the Department relating to the administration

of public transportation programs; or, during fiscal year

2022, for the purposes of a grant not to exceed $8,394,800

to the Regional Transportation Authority on behalf of PACE

for the purpose of ADA/Para-transit expenses; or, during

fiscal year 2023, for the purposes of a grant not to exceed

$8,394,800 to the Regional Transportation Authority on

behalf of PACE for the purpose of ADA/Para-transit

expenses; or for any of those purposes or any other

purpose that may be provided by law.

Appropriations for any of those purposes are payable from

the Road Fund. Appropriations may also be made from the Road

Fund for the administrative expenses of any State agency that

are related to motor vehicles or arise from the use of motor

vehicles.

Beginning with fiscal year 1980 and thereafter, no Road

Fund monies shall be appropriated to the following Departments

or agencies of State government for administration, grants, or

operations; but this limitation is not a restriction upon

appropriating for those purposes any Road Fund monies that are

eligible for federal reimbursement:

1. Department of Public Health;

2. Department of Transportation, only with respect to

subsidies for one-half fare Student Transportation and

Reduced Fare for Elderly, except fiscal year 2022 when no

more than $17,570,000 may be expended and except fiscal

year 2023 when no more than $17,570,000 may be expended;

3. Department of Central Management Services, except

for expenditures incurred for group insurance premiums of

appropriate personnel;

4. Judicial Systems and Agencies.

Beginning with fiscal year 1981 and thereafter, no Road

Fund monies shall be appropriated to the following Departments

or agencies of State government for administration, grants, or

operations; but this limitation is not a restriction upon

appropriating for those purposes any Road Fund monies that are

eligible for federal reimbursement:

1. Illinois State Police, except for expenditures with

respect to the Division of Patrol Operations and Division

of Criminal Investigation;

2. Department of Transportation, only with respect to

Intercity Rail Subsidies, except fiscal year 2022 when no

more than $50,000,000 may be expended and except fiscal

year 2023 when no more than $55,000,000 may be expended,

and Rail Freight Services.

Beginning with fiscal year 1982 and thereafter, no Road

Fund monies shall be appropriated to the following Departments

or agencies of State government for administration, grants, or

operations; but this limitation is not a restriction upon

appropriating for those purposes any Road Fund monies that are

eligible for federal reimbursement: Department of Central

Management Services, except for awards made by the Illinois

Workers' Compensation Commission under the terms of the

Workers' Compensation Act or Workers' Occupational Diseases

Act for injury or death of an employee of the Division of

Highways in the Department of Transportation.

Beginning with fiscal year 1984 and thereafter, no Road

Fund monies shall be appropriated to the following Departments

or agencies of State government for administration, grants, or

operations; but this limitation is not a restriction upon

appropriating for those purposes any Road Fund monies that are

eligible for federal reimbursement:

1. Illinois State Police, except not more than 40% of

the funds appropriated for the Division of Patrol

Operations and Division of Criminal Investigation;

2. State Officers.

Beginning with fiscal year 1984 and thereafter, no Road

Fund monies shall be appropriated to any Department or agency

of State government for administration, grants, or operations

except as provided hereafter; but this limitation is not a

restriction upon appropriating for those purposes any Road

Fund monies that are eligible for federal reimbursement. It

shall not be lawful to circumvent the above appropriation

limitations by governmental reorganization or other methods.

Appropriations shall be made from the Road Fund only in

accordance with the provisions of this Section.

Money in the Road Fund shall, if and when the State of

Illinois incurs any bonded indebtedness for the construction

of permanent highways, be set aside and used for the purpose of

paying and discharging during each fiscal year the principal

and interest on that bonded indebtedness as it becomes due and

payable as provided in the Transportation Bond Act, and for no

other purpose. The surplus, if any, in the Road Fund after the

payment of principal and interest on that bonded indebtedness

then annually due shall be used as follows:

first -- to pay the cost of administration of Chapters

2 through 10 of the Illinois Vehicle Code; and

secondly -- no Road Fund monies derived from fees,

excises, or license taxes relating to registration,

operation and use of vehicles on public highways or to

fuels used for the propulsion of those vehicles, shall be

appropriated or expended other than for costs of

administering the laws imposing those fees, excises, and

license taxes, statutory refunds and adjustments allowed

thereunder, administrative costs of the Department of

Transportation, including, but not limited to, the

operating expenses of the Department relating to the

administration of public transportation programs, payment

of debts and liabilities incurred in construction and

reconstruction of public highways and bridges, acquisition

of rights-of-way for and the cost of construction,

reconstruction, maintenance, repair, and operation of

public highways and bridges under the direction and

supervision of the State, political subdivision, or

municipality collecting those monies, or during fiscal

year 2022 for the purposes of a grant not to exceed

$8,394,800 to the Regional Transportation Authority on

behalf of PACE for the purpose of ADA/Para-transit

expenses, or during fiscal year 2023 for the purposes of a

grant not to exceed $8,394,800 to the Regional

Transportation Authority on behalf of PACE for the purpose

of ADA/Para-transit expenses, and the costs for patrolling

and policing the public highways (by the State, political

subdivision, or municipality collecting that money) for

enforcement of traffic laws. The separation of grades of

such highways with railroads and costs associated with

protection of at-grade highway and railroad crossing shall

also be permissible.

Appropriations for any of such purposes are payable from

the Road Fund or the Grade Crossing Protection Fund as

provided in Section 8 of the Motor Fuel Tax Law.

Except as provided in this paragraph, beginning with

fiscal year 1991 and thereafter, no Road Fund monies shall be

appropriated to the Illinois State Police for the purposes of

this Section in excess of its total fiscal year 1990 Road Fund

appropriations for those purposes unless otherwise provided in

Section 5g of this Act. For fiscal years 2003, 2004, 2005,

2006, and 2007 only, no Road Fund monies shall be appropriated

to the Department of State Police for the purposes of this

Section in excess of $97,310,000. For fiscal year 2008 only,

no Road Fund monies shall be appropriated to the Department of

State Police for the purposes of this Section in excess of

$106,100,000. For fiscal year 2009 only, no Road Fund monies

shall be appropriated to the Department of State Police for

the purposes of this Section in excess of $114,700,000.

Beginning in fiscal year 2010, no road fund moneys shall be

appropriated to the Illinois State Police. It shall not be

lawful to circumvent this limitation on appropriations by

governmental reorganization or other methods unless otherwise

provided in Section 5g of this Act.

In fiscal year 1994, no Road Fund monies shall be

appropriated to the Secretary of State for the purposes of

this Section in excess of the total fiscal year 1991 Road Fund

appropriations to the Secretary of State for those purposes,

plus $9,800,000. It shall not be lawful to circumvent this

limitation on appropriations by governmental reorganization or

other method.

Beginning with fiscal year 1995 and thereafter, no Road

Fund monies shall be appropriated to the Secretary of State

for the purposes of this Section in excess of the total fiscal

year 1994 Road Fund appropriations to the Secretary of State

for those purposes. It shall not be lawful to circumvent this

limitation on appropriations by governmental reorganization or

other methods.

Beginning with fiscal year 2000, total Road Fund

appropriations to the Secretary of State for the purposes of

this Section shall not exceed the amounts specified for the

following fiscal years:

Fiscal Year 2000 $80,500,000; Fiscal Year 2001 $80,500,000;

Fiscal Year 2002 $80,500,000; Fiscal Year 2003 $130,500,000; Fiscal Year 2004 $130,500,000; Fiscal Year 2005 $130,500,000; Fiscal Year 2006 $130,500,000; Fiscal Year 2007 $130,500,000; Fiscal Year 2008 $130,500,000; Fiscal Year 2009 $130,500,000.

For fiscal year 2010, no road fund moneys shall be

appropriated to the Secretary of State.

Beginning in fiscal year 2011, moneys in the Road Fund

shall be appropriated to the Secretary of State for the

exclusive purpose of paying refunds due to overpayment of fees

related to Chapter 3 of the Illinois Vehicle Code unless

otherwise provided for by law.

It shall not be lawful to circumvent this limitation on

appropriations by governmental reorganization or other

methods.

No new program may be initiated in fiscal year 1991 and

thereafter that is not consistent with the limitations imposed

by this Section for fiscal year 1984 and thereafter, insofar

as appropriation of Road Fund monies is concerned.

Nothing in this Section prohibits transfers from the Road

Fund to the State Construction Account Fund under Section 5e

of this Act; nor to the General Revenue Fund, as authorized by

Public Act 93-25.

The additional amounts authorized for expenditure in this

Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91

shall be repaid to the Road Fund from the General Revenue Fund

in the next succeeding fiscal year that the General Revenue

Fund has a positive budgetary balance, as determined by

generally accepted accounting principles applicable to

government.

The additional amounts authorized for expenditure by the

Secretary of State and the Department of State Police in this

Section by Public Act 94-91 shall be repaid to the Road Fund

from the General Revenue Fund in the next succeeding fiscal

year that the General Revenue Fund has a positive budgetary

balance, as determined by generally accepted accounting

principles applicable to government.

(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;

102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff.

4-19-22; 102-813, eff. 5-13-22.)

(30 ILCS 105/5.783 rep.)

(30 ILCS 105/8p rep.)

Section 30. The State Finance Act is amended by repealing

Sections 5.783 and 8p.

Section 31. The Intergovernmental Drug Laws Enforcement

Act is amended by changing Section 3 as follows:

(30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)

Sec. 3. A Metropolitan Enforcement Group which meets the

minimum criteria established in this Section is eligible to

receive State grants to help defray the costs of operation. To

be eligible a MEG must:

(1) Be established and operating pursuant to

intergovernmental contracts written and executed in

conformity with the Intergovernmental Cooperation Act, and

involve 2 or more units of local government.

(2) Establish a MEG Policy Board composed of an

elected official, or his designee, and the chief law

enforcement officer, or his designee, from each

participating unit of local government to oversee the

operations of the MEG and make such reports to the

Illinois State Police as the Illinois State Police may

require.

(3) Designate a single appropriate elected official of

a participating unit of local government to act as the

financial officer of the MEG for all participating units

of local government and to receive funds for the operation

of the MEG.

(4) Limit its operations to enforcement of drug laws;

enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,

24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,

24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,

24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code

of 2012; Sections 2, 3, 6.1, 9.5, and 14 of the Firearm

Owners Identification Card Act; and the investigation of

streetgang related offenses.

(5) Cooperate with the Illinois State Police in order

to assure compliance with this Act and to enable the

Illinois State Police to fulfill its duties under this

Act, and supply the Illinois State Police with all

information the Illinois State Police deems necessary

therefor.

(6) Receive funding of at least 50% of the total

operating budget of the MEG from the participating units

of local government.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

102-813, eff. 5-13-22.)

Section 35. The School Code is amended by changing Section

10-27.1A as follows:

(105 ILCS 5/10-27.1A)

Sec. 10-27.1A. Firearms in schools.

(a) All school officials, including teachers, school

counselors, and support staff, shall immediately notify the

office of the principal in the event that they observe any

person in possession of a firearm on school grounds; provided

that taking such immediate action to notify the office of the

principal would not immediately endanger the health, safety,

or welfare of students who are under the direct supervision of

the school official or the school official. If the health,

safety, or welfare of students under the direct supervision of

the school official or of the school official is immediately

endangered, the school official shall notify the office of the

principal as soon as the students under his or her supervision

and he or she are no longer under immediate danger. A report is

not required by this Section when the school official knows

that the person in possession of the firearm is a law

enforcement official engaged in the conduct of his or her

official duties. Any school official acting in good faith who

makes such a report under this Section shall have immunity

from any civil or criminal liability that might otherwise be

incurred as a result of making the report. The identity of the

school official making such report shall not be disclosed

except as expressly and specifically authorized by law.

Knowingly and willfully failing to comply with this Section is

a petty offense. A second or subsequent offense is a Class C

misdemeanor.

(b) Upon receiving a report from any school official

pursuant to this Section, or from any other person, the

principal or his or her designee shall immediately notify a

local law enforcement agency. If the person found to be in

possession of a firearm on school grounds is a student, the

principal or his or her designee shall also immediately notify

that student's parent or guardian. Any principal or his or her

designee acting in good faith who makes such reports under

this Section shall have immunity from any civil or criminal

liability that might otherwise be incurred or imposed as a

result of making the reports. Knowingly and willfully failing

to comply with this Section is a petty offense. A second or

subsequent offense is a Class C misdemeanor. If the person

found to be in possession of the firearm on school grounds is a

minor, the law enforcement agency shall detain that minor

until such time as the agency makes a determination pursuant

to clause (a) of subsection (1) of Section 5-401 of the

Juvenile Court Act of 1987, as to whether the agency

reasonably believes that the minor is delinquent. If the law

enforcement agency determines that probable cause exists to

believe that the minor committed a violation of item (4) of

subsection (a) of Section 24-1 of the Criminal Code of 2012

while on school grounds, the agency shall detain the minor for

processing pursuant to Section 5-407 of the Juvenile Court Act

of 1987.

(c) Upon On or after January 1, 1997, upon receipt of any

written, electronic, or verbal report from any school

personnel regarding a verified incident involving a firearm in

a school or on school owned or leased property, including any

conveyance owned, leased, or used by the school for the

transport of students or school personnel, the superintendent

or his or her designee shall report all such firearm-related

incidents occurring in a school or on school property to the

local law enforcement authorities immediately, who shall

report and to the Illinois State Police in a form, manner, and

frequency as prescribed by the Illinois State Police.

The State Board of Education shall receive an annual

statistical compilation and related data associated with

incidents involving firearms in schools from the Illinois

State Police. The State Board of Education shall compile this

information by school district and make it available to the

public.

(d) As used in this Section, the term "firearm" shall have

the meaning ascribed to it in Section 1.1 of the Firearm Owners

Identification Card Act.

As used in this Section, the term "school" means any

public or private elementary or secondary school.

As used in this Section, the term "school grounds"

includes the real property comprising any school, any

conveyance owned, leased, or contracted by a school to

transport students to or from school or a school-related

activity, or any public way within 1,000 feet of the real

property comprising any school.

(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;

102-813, eff. 5-13-22.)

Section 40. The Illinois Pension Code is amended by

changing Section 14-110 as follows:

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

(Text of Section from P.A. 102-813)

Sec. 14-110. Alternative retirement annuity.

(a) Any member who has withdrawn from service with not

less than 20 years of eligible creditable service and has

attained age 55, and any member who has withdrawn from service

with not less than 25 years of eligible creditable service and

has attained age 50, regardless of whether the attainment of

either of the specified ages occurs while the member is still

in service, shall be entitled to receive at the option of the

member, in lieu of the regular or minimum retirement annuity,

a retirement annuity computed as follows:

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

if retirement occurs on or after January 1, 2001, 3% of

final average compensation for each year of creditable

service; if retirement occurs before January 1, 2001, 2

1/4% of final average compensation for each of the first

10 years of creditable service, 2 1/2% for each year above

10 years to and including 20 years of creditable service,

and 2 3/4% for each year of creditable service above 20

years; and

(ii) for periods of eligible creditable service as a

covered employee: if retirement occurs on or after January

1, 2001, 2.5% of final average compensation for each year

of creditable service; if retirement occurs before January

1, 2001, 1.67% of final average compensation for each of

the first 10 years of such service, 1.90% for each of the

next 10 years of such service, 2.10% for each year of such

service in excess of 20 but not exceeding 30, and 2.30% for

each year in excess of 30.

Such annuity shall be subject to a maximum of 75% of final

average compensation if retirement occurs before January 1,

2001 or to a maximum of 80% of final average compensation if

retirement occurs on or after January 1, 2001.

These rates shall not be applicable to any service

performed by a member as a covered employee which is not

eligible creditable service. Service as a covered employee

which is not eligible creditable service shall be subject to

the rates and provisions of Section 14-108.

(b) For the purpose of this Section, "eligible creditable

service" means creditable service resulting from service in

one or more of the following positions:

(1) State policeman;

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

department;

(3) air pilot;

(4) special agent;

(5) investigator for the Secretary of State;

(6) conservation police officer;

(7) investigator for the Department of Revenue or the

Illinois Gaming Board;

(8) security employee of the Department of Human

Services;

(9) Central Management Services security police

officer;

(10) security employee of the Department of

Corrections or the Department of Juvenile Justice;

(11) dangerous drugs investigator;

(12) investigator for the Illinois State Police;

(13) investigator for the Office of the Attorney

General;

(14) controlled substance inspector;

(15) investigator for the Office of the State's

Attorneys Appellate Prosecutor;

(16) Commerce Commission police officer;

(17) arson investigator;

(18) State highway maintenance worker;

(19) security employee of the Department of Innovation

and Technology; or

(20) transferred employee.

A person employed in one of the positions specified in

this subsection is entitled to eligible creditable service for

service credit earned under this Article while undergoing the

basic police training course approved by the Illinois Law

Enforcement Training Standards Board, if completion of that

training is required of persons serving in that position. For

the purposes of this Code, service during the required basic

police training course shall be deemed performance of the

duties of the specified position, even though the person is

not a sworn peace officer at the time of the training.

A person under paragraph (20) is entitled to eligible

creditable service for service credit earned under this

Article on and after his or her transfer by Executive Order No.

2003-10, Executive Order No. 2004-2, or Executive Order No.

2016-1.

(c) For the purposes of this Section:

(1) The term "State policeman" includes any title or

position in the Illinois State Police that is held by an

individual employed under the Illinois State Police Act.

(2) The term "fire fighter in the fire protection

service of a department" includes all officers in such

fire protection service including fire chiefs and

assistant fire chiefs.

(3) The term "air pilot" includes any employee whose

official job description on file in the Department of

Central Management Services, or in the department by which

he is employed if that department is not covered by the

Personnel Code, states that his principal duty is the

operation of aircraft, and who possesses a pilot's

license; however, the change in this definition made by

Public Act 83-842 shall not operate to exclude any

noncovered employee who was an "air pilot" for the

purposes of this Section on January 1, 1984.

(4) The term "special agent" means any person who by

reason of employment by the Division of Narcotic Control,

the Bureau of Investigation or, after July 1, 1977, the

Division of Criminal Investigation, the Division of

Internal Investigation, the Division of Operations, the

Division of Patrol Operations, or any other Division or

organizational entity in the Illinois State Police is

vested by law with duties to maintain public order,

investigate violations of the criminal law of this State,

enforce the laws of this State, make arrests and recover

property. The term "special agent" includes any title or

position in the Illinois State Police that is held by an

individual employed under the Illinois State Police Act.

(5) The term "investigator for the Secretary of State"

means any person employed by the Office of the Secretary

of State and vested with such investigative duties as

render him ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D) and 218(l)(1) of that Act.

A person who became employed as an investigator for

the Secretary of State between January 1, 1967 and

December 31, 1975, and who has served as such until

attainment of age 60, either continuously or with a single

break in service of not more than 3 years duration, which

break terminated before January 1, 1976, shall be entitled

to have his retirement annuity calculated in accordance

with subsection (a), notwithstanding that he has less than

20 years of credit for such service.

(6) The term "Conservation Police Officer" means any

person employed by the Division of Law Enforcement of the

Department of Natural Resources and vested with such law

enforcement duties as render him ineligible for coverage

under the Social Security Act by reason of Sections

218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The

term "Conservation Police Officer" includes the positions

of Chief Conservation Police Administrator and Assistant

Conservation Police Administrator.

(7) The term "investigator for the Department of

Revenue" means any person employed by the Department of

Revenue and vested with such investigative duties as

render him ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D) and 218(l)(1) of that Act.

The term "investigator for the Illinois Gaming Board"

means any person employed as such by the Illinois Gaming

Board and vested with such peace officer duties as render

the person ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D), and 218(l)(1) of that Act.

(8) The term "security employee of the Department of

Human Services" means any person employed by the

Department of Human Services who (i) is employed at the

Chester Mental Health Center and has daily contact with

the residents thereof, (ii) is employed within a security

unit at a facility operated by the Department and has

daily contact with the residents of the security unit,

(iii) is employed at a facility operated by the Department

that includes a security unit and is regularly scheduled

to work at least 50% of his or her working hours within

that security unit, or (iv) is a mental health police

officer. "Mental health police officer" means any person

employed by the Department of Human Services in a position

pertaining to the Department's mental health and

developmental disabilities functions who is vested with

such law enforcement duties as render the person

ineligible for coverage under the Social Security Act by

reason of Sections 218(d)(5)(A), 218(d)(8)(D) and

218(l)(1) of that Act. "Security unit" means that portion

of a facility that is devoted to the care, containment,

and treatment of persons committed to the Department of

Human Services as sexually violent persons, persons unfit

to stand trial, or persons not guilty by reason of

insanity. With respect to past employment, references to

the Department of Human Services include its predecessor,

the Department of Mental Health and Developmental

Disabilities.

The changes made to this subdivision (c)(8) by Public

Act 92-14 apply to persons who retire on or after January

1, 2001, notwithstanding Section 1-103.1.

(9) "Central Management Services security police

officer" means any person employed by the Department of

Central Management Services who is vested with such law

enforcement duties as render him ineligible for coverage

under the Social Security Act by reason of Sections

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

(10) For a member who first became an employee under

this Article before July 1, 2005, the term "security

employee of the Department of Corrections or the

Department of Juvenile Justice" means any employee of the

Department of Corrections or the Department of Juvenile

Justice or the former Department of Personnel, and any

member or employee of the Prisoner Review Board, who has

daily contact with inmates or youth by working within a

correctional facility or Juvenile facility operated by the

Department of Juvenile Justice or who is a parole officer

or an employee who has direct contact with committed

persons in the performance of his or her job duties. For a

member who first becomes an employee under this Article on

or after July 1, 2005, the term means an employee of the

Department of Corrections or the Department of Juvenile

Justice who is any of the following: (i) officially

headquartered at a correctional facility or Juvenile

facility operated by the Department of Juvenile Justice,

(ii) a parole officer, (iii) a member of the apprehension

unit, (iv) a member of the intelligence unit, (v) a member

of the sort team, or (vi) an investigator.

(11) The term "dangerous drugs investigator" means any

person who is employed as such by the Department of Human

Services.

(12) The term "investigator for the Illinois State

Police" means a person employed by the Illinois State

Police who is vested under Section 4 of the Narcotic

Control Division Abolition Act with such law enforcement

powers as render him ineligible for coverage under the

Social Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D) and 218(l)(1) of that Act.

(13) "Investigator for the Office of the Attorney

General" means any person who is employed as such by the

Office of the Attorney General and is vested with such

investigative duties as render him ineligible for coverage

under the Social Security Act by reason of Sections

218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For

the period before January 1, 1989, the term includes all

persons who were employed as investigators by the Office

of the Attorney General, without regard to social security

status.

(14) "Controlled substance inspector" means any person

who is employed as such by the Department of Professional

Regulation and is vested with such law enforcement duties

as render him ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D) and 218(l)(1) of that Act. The term

"controlled substance inspector" includes the Program

Executive of Enforcement and the Assistant Program

Executive of Enforcement.

(15) The term "investigator for the Office of the

State's Attorneys Appellate Prosecutor" means a person

employed in that capacity on a full-time basis under the

authority of Section 7.06 of the State's Attorneys

Appellate Prosecutor's Act.

(16) "Commerce Commission police officer" means any

person employed by the Illinois Commerce Commission who is

vested with such law enforcement duties as render him

ineligible for coverage under the Social Security Act by

reason of Sections 218(d)(5)(A), 218(d)(8)(D), and

218(l)(1) of that Act.

(17) "Arson investigator" means any person who is

employed as such by the Office of the State Fire Marshal

and is vested with such law enforcement duties as render

the person ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D), and 218(l)(1) of that Act. A person who was

employed as an arson investigator on January 1, 1995 and

is no longer in service but not yet receiving a retirement

annuity may convert his or her creditable service for

employment as an arson investigator into eligible

creditable service by paying to the System the difference

between the employee contributions actually paid for that

service and the amounts that would have been contributed

if the applicant were contributing at the rate applicable

to persons with the same social security status earning

eligible creditable service on the date of application.

(18) The term "State highway maintenance worker" means

a person who is either of the following:

(i) A person employed on a full-time basis by the

Illinois Department of Transportation in the position

of highway maintainer, highway maintenance lead

worker, highway maintenance lead/lead worker, heavy

construction equipment operator, power shovel

operator, or bridge mechanic; and whose principal

responsibility is to perform, on the roadway, the

actual maintenance necessary to keep the highways that

form a part of the State highway system in serviceable

condition for vehicular traffic.

(ii) A person employed on a full-time basis by the

Illinois State Toll Highway Authority in the position

of equipment operator/laborer H-4, equipment

operator/laborer H-6, welder H-4, welder H-6,

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

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

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

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

painter H-4, or painter H-6; and whose principal

responsibility is to perform, on the roadway, the

actual maintenance necessary to keep the Authority's

tollways in serviceable condition for vehicular

traffic.

(19) The term "security employee of the Department of

Innovation and Technology" means a person who was a

security employee of the Department of Corrections or the

Department of Juvenile Justice, was transferred to the

Department of Innovation and Technology pursuant to

Executive Order 2016-01, and continues to perform similar

job functions under that Department.

(20) "Transferred employee" means an employee who was

transferred to the Department of Central Management

Services by Executive Order No. 2003-10 or Executive Order

No. 2004-2 or transferred to the Department of Innovation

and Technology by Executive Order No. 2016-1, or both, and

was entitled to eligible creditable service for services

immediately preceding the transfer.

(d) A security employee of the Department of Corrections

or the Department of Juvenile Justice, a security employee of

the Department of Human Services who is not a mental health

police officer, and a security employee of the Department of

Innovation and Technology shall not be eligible for the

alternative retirement annuity provided by this Section unless

he or she meets the following minimum age and service

requirements at the time of retirement:

(i) 25 years of eligible creditable service and age

55; or

(ii) beginning January 1, 1987, 25 years of eligible

creditable service and age 54, or 24 years of eligible

creditable service and age 55; or

(iii) beginning January 1, 1988, 25 years of eligible

creditable service and age 53, or 23 years of eligible

creditable service and age 55; or

(iv) beginning January 1, 1989, 25 years of eligible

creditable service and age 52, or 22 years of eligible

creditable service and age 55; or

(v) beginning January 1, 1990, 25 years of eligible

creditable service and age 51, or 21 years of eligible

creditable service and age 55; or

(vi) beginning January 1, 1991, 25 years of eligible

creditable service and age 50, or 20 years of eligible

creditable service and age 55.

Persons who have service credit under Article 16 of this

Code for service as a security employee of the Department of

Corrections or the Department of Juvenile Justice, or the

Department of Human Services in a position requiring

certification as a teacher may count such service toward

establishing their eligibility under the service requirements

of this Section; but such service may be used only for

establishing such eligibility, and not for the purpose of

increasing or calculating any benefit.

(e) If a member enters military service while working in a

position in which eligible creditable service may be earned,

and returns to State service in the same or another such

position, and fulfills in all other respects the conditions

prescribed in this Article for credit for military service,

such military service shall be credited as eligible creditable

service for the purposes of the retirement annuity prescribed

in this Section.

(f) For purposes of calculating retirement annuities under

this Section, periods of service rendered after December 31,

1968 and before October 1, 1975 as a covered employee in the

position of special agent, conservation police officer, mental

health police officer, or investigator for the Secretary of

State, shall be deemed to have been service as a noncovered

employee, provided that the employee pays to the System prior

to retirement an amount equal to (1) the difference between

the employee contributions that would have been required for

such service as a noncovered employee, and the amount of

employee contributions actually paid, plus (2) if payment is

made after July 31, 1987, regular interest on the amount

specified in item (1) from the date of service to the date of

payment.

For purposes of calculating retirement annuities under

this Section, periods of service rendered after December 31,

1968 and before January 1, 1982 as a covered employee in the

position of investigator for the Department of Revenue shall

be deemed to have been service as a noncovered employee,

provided that the employee pays to the System prior to

retirement an amount equal to (1) the difference between the

employee contributions that would have been required for such

service as a noncovered employee, and the amount of employee

contributions actually paid, plus (2) if payment is made after

January 1, 1990, regular interest on the amount specified in

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

(g) A State policeman may elect, not later than January 1,

1990, to establish eligible creditable service for up to 10

years of his service as a policeman under Article 3, by filing

a written election with the Board, accompanied by payment of

an amount to be determined by the Board, equal to (i) the

difference between the amount of employee and employer

contributions transferred to the System under Section 3-110.5,

and the amounts that would have been contributed had such

contributions been made at the rates applicable to State

policemen, plus (ii) interest thereon at the effective rate

for each year, compounded annually, from the date of service

to the date of payment.

Subject to the limitation in subsection (i), a State

policeman may elect, not later than July 1, 1993, to establish

eligible creditable service for up to 10 years of his service

as a member of the County Police Department under Article 9, by

filing a written election with the Board, accompanied by

payment of an amount to be determined by the Board, equal to

(i) the difference between the amount of employee and employer

contributions transferred to the System under Section 9-121.10

and the amounts that would have been contributed had those

contributions been made at the rates applicable to State

policemen, plus (ii) interest thereon at the effective rate

for each year, compounded annually, from the date of service

to the date of payment.

(h) Subject to the limitation in subsection (i), a State

policeman or investigator for the Secretary of State may elect

to establish eligible creditable service for up to 12 years of

his service as a policeman under Article 5, by filing a written

election with the Board on or before January 31, 1992, and

paying to the System by January 31, 1994 an amount to be

determined by the Board, equal to (i) the difference between

the amount of employee and employer contributions transferred

to the System under Section 5-236, and the amounts that would

have been contributed had such contributions been made at the

rates applicable to State policemen, plus (ii) interest

thereon at the effective rate for each year, compounded

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

Subject to the limitation in subsection (i), a State

policeman, conservation police officer, or investigator for

the Secretary of State may elect to establish eligible

creditable service for up to 10 years of service as a sheriff's

law enforcement employee under Article 7, by filing a written

election with the Board on or before January 31, 1993, and

paying to the System by January 31, 1994 an amount to be

determined by the Board, equal to (i) the difference between

the amount of employee and employer contributions transferred

to the System under Section 7-139.7, and the amounts that

would have been contributed had such contributions been made

at the rates applicable to State policemen, plus (ii) interest

thereon at the effective rate for each year, compounded

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

Subject to the limitation in subsection (i), a State

policeman, conservation police officer, or investigator for

the Secretary of State may elect to establish eligible

creditable service for up to 5 years of service as a police

officer under Article 3, a policeman under Article 5, a

sheriff's law enforcement employee under Article 7, a member

of the county police department under Article 9, or a police

officer under Article 15 by filing a written election with the

Board and paying to the System an amount to be determined by

the Board, equal to (i) the difference between the amount of

employee and employer contributions transferred to the System

under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4

and the amounts that would have been contributed had such

contributions been made at the rates applicable to State

policemen, plus (ii) interest thereon at the effective rate

for each year, compounded annually, from the date of service

to the date of payment.

Subject to the limitation in subsection (i), an

investigator for the Office of the Attorney General, or an

investigator for the Department of Revenue, may elect to

establish eligible creditable service for up to 5 years of

service as a police officer under Article 3, a policeman under

Article 5, a sheriff's law enforcement employee under Article

7, or a member of the county police department under Article 9

by filing a written election with the Board within 6 months

after August 25, 2009 (the effective date of Public Act

96-745) and paying to the System an amount to be determined by

the Board, equal to (i) the difference between the amount of

employee and employer contributions transferred to the System

under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the

amounts that would have been contributed had such

contributions been made at the rates applicable to State

policemen, plus (ii) interest thereon at the actuarially

assumed rate for each year, compounded annually, from the date

of service to the date of payment.

Subject to the limitation in subsection (i), a State

policeman, conservation police officer, investigator for the

Office of the Attorney General, an investigator for the

Department of Revenue, or investigator for the Secretary of

State may elect to establish eligible creditable service for

up to 5 years of service as a person employed by a

participating municipality to perform police duties, or law

enforcement officer employed on a full-time basis by a forest

preserve district under Article 7, a county corrections

officer, or a court services officer under Article 9, by

filing a written election with the Board within 6 months after

August 25, 2009 (the effective date of Public Act 96-745) and

paying to the System an amount to be determined by the Board,

equal to (i) the difference between the amount of employee and

employer contributions transferred to the System under

Sections 7-139.8 and 9-121.10 and the amounts that would have

been contributed had such contributions been made at the rates

applicable to State policemen, plus (ii) interest thereon at

the actuarially assumed rate for each year, compounded

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

Subject to the limitation in subsection (i), a State

policeman, arson investigator, or Commerce Commission police

officer may elect to establish eligible creditable service for

up to 5 years of service as a person employed by a

participating municipality to perform police duties under

Article 7, a county corrections officer, a court services

officer under Article 9, or a firefighter under Article 4 by

filing a written election with the Board within 6 months after

July 30, 2021 (the effective date of Public Act 102-210) and

paying to the System an amount to be determined by the Board

equal to (i) the difference between the amount of employee and

employer contributions transferred to the System under

Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that

would have been contributed had such contributions been made

at the rates applicable to State policemen, plus (ii) interest

thereon at the actuarially assumed rate for each year,

compounded annually, from the date of service to the date of

payment.

Subject to the limitation in subsection (i), a

conservation police officer may elect to establish eligible

creditable service for up to 5 years of service as a person

employed by a participating municipality to perform police

duties under Article 7, a county corrections officer, or a

court services officer under Article 9 by filing a written

election with the Board within 6 months after July 30, 2021

(the effective date of Public Act 102-210) and paying to the

System an amount to be determined by the Board equal to (i) the

difference between the amount of employee and employer

contributions transferred to the System under Sections 7-139.8

and 9-121.10 and the amounts that would have been contributed

had such contributions been made at the rates applicable to

State policemen, plus (ii) interest thereon at the actuarially

assumed rate for each year, compounded annually, from the date

of service to the date of payment.

Notwithstanding the limitation in subsection (i), a State

policeman or conservation police officer may elect to convert

service credit earned under this Article to eligible

creditable service, as defined by this Section, by filing a

written election with the board within 6 months after July 30,

2021 (the effective date of Public Act 102-210) and paying to

the System an amount to be determined by the Board equal to (i)

the difference between the amount of employee contributions

originally paid for that service and the amounts that would

have been contributed had such contributions been made at the

rates applicable to State policemen, plus (ii) the difference

between the employer's normal cost of the credit prior to the

conversion authorized by Public Act 102-210 and the employer's

normal cost of the credit converted in accordance with Public

Act 102-210, plus (iii) interest thereon at the actuarially

assumed rate for each year, compounded annually, from the date

of service to the date of payment.

(i) The total amount of eligible creditable service

established by any person under subsections (g), (h), (j),

(k), (l), (l-5), and (o) of this Section shall not exceed 12

years.

(j) Subject to the limitation in subsection (i), an

investigator for the Office of the State's Attorneys Appellate

Prosecutor or a controlled substance inspector may elect to

establish eligible creditable service for up to 10 years of

his service as a policeman under Article 3 or a sheriff's law

enforcement employee under Article 7, by filing a written

election with the Board, accompanied by payment of an amount

to be determined by the Board, equal to (1) the difference

between the amount of employee and employer contributions

transferred to the System under Section 3-110.6 or 7-139.8,

and the amounts that would have been contributed had such

contributions been made at the rates applicable to State

policemen, plus (2) interest thereon at the effective rate for

each year, compounded annually, from the date of service to

the date of payment.

(k) Subject to the limitation in subsection (i) of this

Section, an alternative formula employee may elect to

establish eligible creditable service for periods spent as a

full-time law enforcement officer or full-time corrections

officer employed by the federal government or by a state or

local government located outside of Illinois, for which credit

is not held in any other public employee pension fund or

retirement system. To obtain this credit, the applicant must

file a written application with the Board by March 31, 1998,

accompanied by evidence of eligibility acceptable to the Board

and payment of an amount to be determined by the Board, equal

to (1) employee contributions for the credit being

established, based upon the applicant's salary on the first

day as an alternative formula employee after the employment

for which credit is being established and the rates then

applicable to alternative formula employees, plus (2) an

amount determined by the Board to be the employer's normal

cost of the benefits accrued for the credit being established,

plus (3) regular interest on the amounts in items (1) and (2)

from the first day as an alternative formula employee after

the employment for which credit is being established to the

date of payment.

(l) Subject to the limitation in subsection (i), a

security employee of the Department of Corrections may elect,

not later than July 1, 1998, to establish eligible creditable

service for up to 10 years of his or her service as a policeman

under Article 3, by filing a written election with the Board,

accompanied by payment of an amount to be determined by the

Board, equal to (i) the difference between the amount of

employee and employer contributions transferred to the System

under Section 3-110.5, and the amounts that would have been

contributed had such contributions been made at the rates

applicable to security employees of the Department of

Corrections, plus (ii) interest thereon at the effective rate

for each year, compounded annually, from the date of service

to the date of payment.

(l-5) Subject to the limitation in subsection (i) of this

Section, a State policeman may elect to establish eligible

creditable service for up to 5 years of service as a full-time

law enforcement officer employed by the federal government or

by a state or local government located outside of Illinois for

which credit is not held in any other public employee pension

fund or retirement system. To obtain this credit, the

applicant must file a written application with the Board no

later than 3 years after January 1, 2020 (the effective date of

Public Act 101-610), accompanied by evidence of eligibility

acceptable to the Board and payment of an amount to be

determined by the Board, equal to (1) employee contributions

for the credit being established, based upon the applicant's

salary on the first day as an alternative formula employee

after the employment for which credit is being established and

the rates then applicable to alternative formula employees,

plus (2) an amount determined by the Board to be the employer's

normal cost of the benefits accrued for the credit being

established, plus (3) regular interest on the amounts in items

(1) and (2) from the first day as an alternative formula

employee after the employment for which credit is being

established to the date of payment.

(m) The amendatory changes to this Section made by Public

Act 94-696 apply only to: (1) security employees of the

Department of Juvenile Justice employed by the Department of

Corrections before June 1, 2006 (the effective date of Public

Act 94-696) and transferred to the Department of Juvenile

Justice by Public Act 94-696; and (2) persons employed by the

Department of Juvenile Justice on or after June 1, 2006 (the

effective date of Public Act 94-696) who are required by

subsection (b) of Section 3-2.5-15 of the Unified Code of

Corrections to have any bachelor's or advanced degree from an

accredited college or university or, in the case of persons

who provide vocational training, who are required to have

adequate knowledge in the skill for which they are providing

the vocational training.

(n) A person employed in a position under subsection (b)

of this Section who has purchased service credit under

subsection (j) of Section 14-104 or subsection (b) of Section

14-105 in any other capacity under this Article may convert up

to 5 years of that service credit into service credit covered

under this Section by paying to the Fund an amount equal to (1)

the additional employee contribution required under Section

14-133, plus (2) the additional employer contribution required

under Section 14-131, plus (3) interest on items (1) and (2) at

the actuarially assumed rate from the date of the service to

the date of payment.

(o) Subject to the limitation in subsection (i), a

conservation police officer, investigator for the Secretary of

State, Commerce Commission police officer, investigator for

the Department of Revenue or the Illinois Gaming Board, or

arson investigator subject to subsection (g) of Section 1-160

may elect to convert up to 8 years of service credit

established before January 1, 2020 (the effective date of

Public Act 101-610) as a conservation police officer,

investigator for the Secretary of State, Commerce Commission

police officer, investigator for the Department of Revenue or

the Illinois Gaming Board, or arson investigator under this

Article into eligible creditable service by filing a written

election with the Board no later than one year after January 1,

2020 (the effective date of Public Act 101-610), accompanied

by payment of an amount to be determined by the Board equal to

(i) the difference between the amount of the employee

contributions actually paid for that service and the amount of

the employee contributions that would have been paid had the

employee contributions been made as a noncovered employee

serving in a position in which eligible creditable service, as

defined in this Section, may be earned, plus (ii) interest

thereon at the effective rate for each year, compounded

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

(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;

102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

(Text of Section from P.A. 102-856)

Sec. 14-110. Alternative retirement annuity.

(a) Any member who has withdrawn from service with not

less than 20 years of eligible creditable service and has

attained age 55, and any member who has withdrawn from service

with not less than 25 years of eligible creditable service and

has attained age 50, regardless of whether the attainment of

either of the specified ages occurs while the member is still

in service, shall be entitled to receive at the option of the

member, in lieu of the regular or minimum retirement annuity,

a retirement annuity computed as follows:

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

if retirement occurs on or after January 1, 2001, 3% of

final average compensation for each year of creditable

service; if retirement occurs before January 1, 2001, 2

1/4% of final average compensation for each of the first

10 years of creditable service, 2 1/2% for each year above

10 years to and including 20 years of creditable service,

and 2 3/4% for each year of creditable service above 20

years; and

(ii) for periods of eligible creditable service as a

covered employee: if retirement occurs on or after January

1, 2001, 2.5% of final average compensation for each year

of creditable service; if retirement occurs before January

1, 2001, 1.67% of final average compensation for each of

the first 10 years of such service, 1.90% for each of the

next 10 years of such service, 2.10% for each year of such

service in excess of 20 but not exceeding 30, and 2.30% for

each year in excess of 30.

Such annuity shall be subject to a maximum of 75% of final

average compensation if retirement occurs before January 1,

2001 or to a maximum of 80% of final average compensation if

retirement occurs on or after January 1, 2001.

These rates shall not be applicable to any service

performed by a member as a covered employee which is not

eligible creditable service. Service as a covered employee

which is not eligible creditable service shall be subject to

the rates and provisions of Section 14-108.

(b) For the purpose of this Section, "eligible creditable

service" means creditable service resulting from service in

one or more of the following positions:

(1) State policeman;

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

department;

(3) air pilot;

(4) special agent;

(5) investigator for the Secretary of State;

(6) conservation police officer;

(7) investigator for the Department of Revenue or the

Illinois Gaming Board;

(8) security employee of the Department of Human

Services;

(9) Central Management Services security police

officer;

(10) security employee of the Department of

Corrections or the Department of Juvenile Justice;

(11) dangerous drugs investigator;

(12) investigator for the Illinois State Police;

(13) investigator for the Office of the Attorney

General;

(14) controlled substance inspector;

(15) investigator for the Office of the State's

Attorneys Appellate Prosecutor;

(16) Commerce Commission police officer;

(17) arson investigator;

(18) State highway maintenance worker;

(19) security employee of the Department of Innovation

and Technology; or

(20) transferred employee.

A person employed in one of the positions specified in

this subsection is entitled to eligible creditable service for

service credit earned under this Article while undergoing the

basic police training course approved by the Illinois Law

Enforcement Training Standards Board, if completion of that

training is required of persons serving in that position. For

the purposes of this Code, service during the required basic

police training course shall be deemed performance of the

duties of the specified position, even though the person is

not a sworn peace officer at the time of the training.

A person under paragraph (20) is entitled to eligible

creditable service for service credit earned under this

Article on and after his or her transfer by Executive Order No.

2003-10, Executive Order No. 2004-2, or Executive Order No.

2016-1.

(c) For the purposes of this Section:

(1) The term "State policeman" includes any title or

position in the Illinois State Police that is held by an

individual employed under the Illinois State Police Act.

(2) The term "fire fighter in the fire protection

service of a department" includes all officers in such

fire protection service including fire chiefs and

assistant fire chiefs.

(3) The term "air pilot" includes any employee whose

official job description on file in the Department of

Central Management Services, or in the department by which

he is employed if that department is not covered by the

Personnel Code, states that his principal duty is the

operation of aircraft, and who possesses a pilot's

license; however, the change in this definition made by

Public Act 83-842 shall not operate to exclude any

noncovered employee who was an "air pilot" for the

purposes of this Section on January 1, 1984.

(4) The term "special agent" means any person who by

reason of employment by the Division of Narcotic Control,

the Bureau of Investigation or, after July 1, 1977, the

Division of Criminal Investigation, the Division of

Internal Investigation, the Division of Operations, the

Division of Patrol Operations, or any other Division or

organizational entity in the Illinois State Police is

vested by law with duties to maintain public order,

investigate violations of the criminal law of this State,

enforce the laws of this State, make arrests and recover

property. The term "special agent" includes any title or

position in the Illinois State Police that is held by an

individual employed under the Illinois State Police Act.

(5) The term "investigator for the Secretary of State"

means any person employed by the Office of the Secretary

of State and vested with such investigative duties as

render him ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D) and 218(l)(1) of that Act.

A person who became employed as an investigator for

the Secretary of State between January 1, 1967 and

December 31, 1975, and who has served as such until

attainment of age 60, either continuously or with a single

break in service of not more than 3 years duration, which

break terminated before January 1, 1976, shall be entitled

to have his retirement annuity calculated in accordance

with subsection (a), notwithstanding that he has less than

20 years of credit for such service.

(6) The term "Conservation Police Officer" means any

person employed by the Division of Law Enforcement of the

Department of Natural Resources and vested with such law

enforcement duties as render him ineligible for coverage

under the Social Security Act by reason of Sections

218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The

term "Conservation Police Officer" includes the positions

of Chief Conservation Police Administrator and Assistant

Conservation Police Administrator.

(7) The term "investigator for the Department of

Revenue" means any person employed by the Department of

Revenue and vested with such investigative duties as

render him ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D) and 218(l)(1) of that Act.

The term "investigator for the Illinois Gaming Board"

means any person employed as such by the Illinois Gaming

Board and vested with such peace officer duties as render

the person ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D), and 218(l)(1) of that Act.

(8) The term "security employee of the Department of

Human Services" means any person employed by the

Department of Human Services who (i) is employed at the

Chester Mental Health Center and has daily contact with

the residents thereof, (ii) is employed within a security

unit at a facility operated by the Department and has

daily contact with the residents of the security unit,

(iii) is employed at a facility operated by the Department

that includes a security unit and is regularly scheduled

to work at least 50% of his or her working hours within

that security unit, or (iv) is a mental health police

officer. "Mental health police officer" means any person

employed by the Department of Human Services in a position

pertaining to the Department's mental health and

developmental disabilities functions who is vested with

such law enforcement duties as render the person

ineligible for coverage under the Social Security Act by

reason of Sections 218(d)(5)(A), 218(d)(8)(D) and

218(l)(1) of that Act. "Security unit" means that portion

of a facility that is devoted to the care, containment,

and treatment of persons committed to the Department of

Human Services as sexually violent persons, persons unfit

to stand trial, or persons not guilty by reason of

insanity. With respect to past employment, references to

the Department of Human Services include its predecessor,

the Department of Mental Health and Developmental

Disabilities.

The changes made to this subdivision (c)(8) by Public

Act 92-14 apply to persons who retire on or after January

1, 2001, notwithstanding Section 1-103.1.

(9) "Central Management Services security police

officer" means any person employed by the Department of

Central Management Services who is vested with such law

enforcement duties as render him ineligible for coverage

under the Social Security Act by reason of Sections

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

(10) For a member who first became an employee under

this Article before July 1, 2005, the term "security

employee of the Department of Corrections or the

Department of Juvenile Justice" means any employee of the

Department of Corrections or the Department of Juvenile

Justice or the former Department of Personnel, and any

member or employee of the Prisoner Review Board, who has

daily contact with inmates or youth by working within a

correctional facility or Juvenile facility operated by the

Department of Juvenile Justice or who is a parole officer

or an employee who has direct contact with committed

persons in the performance of his or her job duties. For a

member who first becomes an employee under this Article on

or after July 1, 2005, the term means an employee of the

Department of Corrections or the Department of Juvenile

Justice who is any of the following: (i) officially

headquartered at a correctional facility or Juvenile

facility operated by the Department of Juvenile Justice,

(ii) a parole officer, (iii) a member of the apprehension

unit, (iv) a member of the intelligence unit, (v) a member

of the sort team, or (vi) an investigator.

(11) The term "dangerous drugs investigator" means any

person who is employed as such by the Department of Human

Services.

(12) The term "investigator for the Illinois State

Police" means a person employed by the Illinois State

Police who is vested under Section 4 of the Narcotic

Control Division Abolition Act with such law enforcement

powers as render him ineligible for coverage under the

Social Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D) and 218(l)(1) of that Act.

(13) "Investigator for the Office of the Attorney

General" means any person who is employed as such by the

Office of the Attorney General and is vested with such

investigative duties as render him ineligible for coverage

under the Social Security Act by reason of Sections

218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For

the period before January 1, 1989, the term includes all

persons who were employed as investigators by the Office

of the Attorney General, without regard to social security

status.

(14) "Controlled substance inspector" means any person

who is employed as such by the Department of Professional

Regulation and is vested with such law enforcement duties

as render him ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D) and 218(l)(1) of that Act. The term

"controlled substance inspector" includes the Program

Executive of Enforcement and the Assistant Program

Executive of Enforcement.

(15) The term "investigator for the Office of the

State's Attorneys Appellate Prosecutor" means a person

employed in that capacity on a full-time basis under the

authority of Section 7.06 of the State's Attorneys

Appellate Prosecutor's Act.

(16) "Commerce Commission police officer" means any

person employed by the Illinois Commerce Commission who is

vested with such law enforcement duties as render him

ineligible for coverage under the Social Security Act by

reason of Sections 218(d)(5)(A), 218(d)(8)(D), and

218(l)(1) of that Act.

(17) "Arson investigator" means any person who is

employed as such by the Office of the State Fire Marshal

and is vested with such law enforcement duties as render

the person ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D), and 218(l)(1) of that Act. A person who was

employed as an arson investigator on January 1, 1995 and

is no longer in service but not yet receiving a retirement

annuity may convert his or her creditable service for

employment as an arson investigator into eligible

creditable service by paying to the System the difference

between the employee contributions actually paid for that

service and the amounts that would have been contributed

if the applicant were contributing at the rate applicable

to persons with the same social security status earning

eligible creditable service on the date of application.

(18) The term "State highway maintenance worker" means

a person who is either of the following:

(i) A person employed on a full-time basis by the

Illinois Department of Transportation in the position

of highway maintainer, highway maintenance lead

worker, highway maintenance lead/lead worker, heavy

construction equipment operator, power shovel

operator, or bridge mechanic; and whose principal

responsibility is to perform, on the roadway, the

actual maintenance necessary to keep the highways that

form a part of the State highway system in serviceable

condition for vehicular traffic.

(ii) A person employed on a full-time basis by the

Illinois State Toll Highway Authority in the position

of equipment operator/laborer H-4, equipment

operator/laborer H-6, welder H-4, welder H-6,

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

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

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

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

painter H-4, or painter H-6; and whose principal

responsibility is to perform, on the roadway, the

actual maintenance necessary to keep the Authority's

tollways in serviceable condition for vehicular

traffic.

(19) The term "security employee of the Department of

Innovation and Technology" means a person who was a

security employee of the Department of Corrections or the

Department of Juvenile Justice, was transferred to the

Department of Innovation and Technology pursuant to

Executive Order 2016-01, and continues to perform similar

job functions under that Department.

(20) "Transferred employee" means an employee who was

transferred to the Department of Central Management

Services by Executive Order No. 2003-10 or Executive Order

No. 2004-2 or transferred to the Department of Innovation

and Technology by Executive Order No. 2016-1, or both, and

was entitled to eligible creditable service for services

immediately preceding the transfer.

(d) A security employee of the Department of Corrections

or the Department of Juvenile Justice, a security employee of

the Department of Human Services who is not a mental health

police officer, and a security employee of the Department of

Innovation and Technology shall not be eligible for the

alternative retirement annuity provided by this Section unless

he or she meets the following minimum age and service

requirements at the time of retirement:

(i) 25 years of eligible creditable service and age

55; or

(ii) beginning January 1, 1987, 25 years of eligible

creditable service and age 54, or 24 years of eligible

creditable service and age 55; or

(iii) beginning January 1, 1988, 25 years of eligible

creditable service and age 53, or 23 years of eligible

creditable service and age 55; or

(iv) beginning January 1, 1989, 25 years of eligible

creditable service and age 52, or 22 years of eligible

creditable service and age 55; or

(v) beginning January 1, 1990, 25 years of eligible

creditable service and age 51, or 21 years of eligible

creditable service and age 55; or

(vi) beginning January 1, 1991, 25 years of eligible

creditable service and age 50, or 20 years of eligible

creditable service and age 55.

Persons who have service credit under Article 16 of this

Code for service as a security employee of the Department of

Corrections or the Department of Juvenile Justice, or the

Department of Human Services in a position requiring

certification as a teacher may count such service toward

establishing their eligibility under the service requirements

of this Section; but such service may be used only for

establishing such eligibility, and not for the purpose of

increasing or calculating any benefit.

(e) If a member enters military service while working in a

position in which eligible creditable service may be earned,

and returns to State service in the same or another such

position, and fulfills in all other respects the conditions

prescribed in this Article for credit for military service,

such military service shall be credited as eligible creditable

service for the purposes of the retirement annuity prescribed

in this Section.

(f) For purposes of calculating retirement annuities under

this Section, periods of service rendered after December 31,

1968 and before October 1, 1975 as a covered employee in the

position of special agent, conservation police officer, mental

health police officer, or investigator for the Secretary of

State, shall be deemed to have been service as a noncovered

employee, provided that the employee pays to the System prior

to retirement an amount equal to (1) the difference between

the employee contributions that would have been required for

such service as a noncovered employee, and the amount of

employee contributions actually paid, plus (2) if payment is

made after July 31, 1987, regular interest on the amount

specified in item (1) from the date of service to the date of

payment.

For purposes of calculating retirement annuities under

this Section, periods of service rendered after December 31,

1968 and before January 1, 1982 as a covered employee in the

position of investigator for the Department of Revenue shall

be deemed to have been service as a noncovered employee,

provided that the employee pays to the System prior to

retirement an amount equal to (1) the difference between the

employee contributions that would have been required for such

service as a noncovered employee, and the amount of employee

contributions actually paid, plus (2) if payment is made after

January 1, 1990, regular interest on the amount specified in

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

(g) A State policeman may elect, not later than January 1,

1990, to establish eligible creditable service for up to 10

years of his service as a policeman under Article 3, by filing

a written election with the Board, accompanied by payment of

an amount to be determined by the Board, equal to (i) the

difference between the amount of employee and employer

contributions transferred to the System under Section 3-110.5,

and the amounts that would have been contributed had such

contributions been made at the rates applicable to State

policemen, plus (ii) interest thereon at the effective rate

for each year, compounded annually, from the date of service

to the date of payment.

Subject to the limitation in subsection (i), a State

policeman may elect, not later than July 1, 1993, to establish

eligible creditable service for up to 10 years of his service

as a member of the County Police Department under Article 9, by

filing a written election with the Board, accompanied by

payment of an amount to be determined by the Board, equal to

(i) the difference between the amount of employee and employer

contributions transferred to the System under Section 9-121.10

and the amounts that would have been contributed had those

contributions been made at the rates applicable to State

policemen, plus (ii) interest thereon at the effective rate

for each year, compounded annually, from the date of service

to the date of payment.

(h) Subject to the limitation in subsection (i), a State

policeman or investigator for the Secretary of State may elect

to establish eligible creditable service for up to 12 years of

his service as a policeman under Article 5, by filing a written

election with the Board on or before January 31, 1992, and

paying to the System by January 31, 1994 an amount to be

determined by the Board, equal to (i) the difference between

the amount of employee and employer contributions transferred

to the System under Section 5-236, and the amounts that would

have been contributed had such contributions been made at the

rates applicable to State policemen, plus (ii) interest

thereon at the effective rate for each year, compounded

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

Subject to the limitation in subsection (i), a State

policeman, conservation police officer, or investigator for

the Secretary of State may elect to establish eligible

creditable service for up to 10 years of service as a sheriff's

law enforcement employee under Article 7, by filing a written

election with the Board on or before January 31, 1993, and

paying to the System by January 31, 1994 an amount to be

determined by the Board, equal to (i) the difference between

the amount of employee and employer contributions transferred

to the System under Section 7-139.7, and the amounts that

would have been contributed had such contributions been made

at the rates applicable to State policemen, plus (ii) interest

thereon at the effective rate for each year, compounded

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

Subject to the limitation in subsection (i), a State

policeman, conservation police officer, or investigator for

the Secretary of State may elect to establish eligible

creditable service for up to 5 years of service as a police

officer under Article 3, a policeman under Article 5, a

sheriff's law enforcement employee under Article 7, a member

of the county police department under Article 9, or a police

officer under Article 15 by filing a written election with the

Board and paying to the System an amount to be determined by

the Board, equal to (i) the difference between the amount of

employee and employer contributions transferred to the System

under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4

and the amounts that would have been contributed had such

contributions been made at the rates applicable to State

policemen, plus (ii) interest thereon at the effective rate

for each year, compounded annually, from the date of service

to the date of payment.

Subject to the limitation in subsection (i), an

investigator for the Office of the Attorney General, or an

investigator for the Department of Revenue, may elect to

establish eligible creditable service for up to 5 years of

service as a police officer under Article 3, a policeman under

Article 5, a sheriff's law enforcement employee under Article

7, or a member of the county police department under Article 9

by filing a written election with the Board within 6 months

after August 25, 2009 (the effective date of Public Act

96-745) and paying to the System an amount to be determined by

the Board, equal to (i) the difference between the amount of

employee and employer contributions transferred to the System

under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the

amounts that would have been contributed had such

contributions been made at the rates applicable to State

policemen, plus (ii) interest thereon at the actuarially

assumed rate for each year, compounded annually, from the date

of service to the date of payment.

Subject to the limitation in subsection (i), a State

policeman, conservation police officer, investigator for the

Office of the Attorney General, an investigator for the

Department of Revenue, or investigator for the Secretary of

State may elect to establish eligible creditable service for

up to 5 years of service as a person employed by a

participating municipality to perform police duties, or law

enforcement officer employed on a full-time basis by a forest

preserve district under Article 7, a county corrections

officer, or a court services officer under Article 9, by

filing a written election with the Board within 6 months after

August 25, 2009 (the effective date of Public Act 96-745) and

paying to the System an amount to be determined by the Board,

equal to (i) the difference between the amount of employee and

employer contributions transferred to the System under

Sections 7-139.8 and 9-121.10 and the amounts that would have

been contributed had such contributions been made at the rates

applicable to State policemen, plus (ii) interest thereon at

the actuarially assumed rate for each year, compounded

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

Subject to the limitation in subsection (i), a State

policeman, arson investigator, or Commerce Commission police

officer may elect to establish eligible creditable service for

up to 5 years of service as a person employed by a

participating municipality to perform police duties under

Article 7, a county corrections officer, a court services

officer under Article 9, or a firefighter under Article 4 by

filing a written election with the Board within 6 months after

July 30, 2021 (the effective date of Public Act 102-210) and

paying to the System an amount to be determined by the Board

equal to (i) the difference between the amount of employee and

employer contributions transferred to the System under

Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that

would have been contributed had such contributions been made

at the rates applicable to State policemen, plus (ii) interest

thereon at the actuarially assumed rate for each year,

compounded annually, from the date of service to the date of

payment.

Subject to the limitation in subsection (i), a

conservation police officer may elect to establish eligible

creditable service for up to 5 years of service as a person

employed by a participating municipality to perform police

duties under Article 7, a county corrections officer, or a

court services officer under Article 9 by filing a written

election with the Board within 6 months after July 30, 2021

(the effective date of Public Act 102-210) and paying to the

System an amount to be determined by the Board equal to (i) the

difference between the amount of employee and employer

contributions transferred to the System under Sections 7-139.8

and 9-121.10 and the amounts that would have been contributed

had such contributions been made at the rates applicable to

State policemen, plus (ii) interest thereon at the actuarially

assumed rate for each year, compounded annually, from the date

of service to the date of payment.

Subject to the limitation in subsection (i), an

investigator for the Department of Revenue, investigator for

the Illinois Gaming Board, investigator for the Secretary of

State, or arson investigator may elect to establish eligible

creditable service for up to 5 years of service as a person

employed by a participating municipality to perform police

duties under Article 7, a county corrections officer, a court

services officer under Article 9, or a firefighter under

Article 4 by filing a written election with the Board within 6

months after the effective date of this amendatory Act of the

102nd General Assembly and paying to the System an amount to be

determined by the Board equal to (i) the difference between

the amount of employee and employer contributions transferred

to the System under Sections 4-108.8, 7-139.8, and 9-121.10

and the amounts that would have been contributed had such

contributions been made at the rates applicable to State

policemen, plus (ii) interest thereon at the actuarially

assumed rate for each year, compounded annually, from the date

of service to the date of payment.

Notwithstanding the limitation in subsection (i), a State

policeman or conservation police officer may elect to convert

service credit earned under this Article to eligible

creditable service, as defined by this Section, by filing a

written election with the board within 6 months after July 30,

2021 (the effective date of Public Act 102-210) and paying to

the System an amount to be determined by the Board equal to (i)

the difference between the amount of employee contributions

originally paid for that service and the amounts that would

have been contributed had such contributions been made at the

rates applicable to State policemen, plus (ii) the difference

between the employer's normal cost of the credit prior to the

conversion authorized by Public Act 102-210 and the employer's

normal cost of the credit converted in accordance with Public

Act 102-210, plus (iii) interest thereon at the actuarially

assumed rate for each year, compounded annually, from the date

of service to the date of payment.

Notwithstanding the limitation in subsection (i), an

investigator for the Department of Revenue, investigator for

the Illinois Gaming Board, investigator for the Secretary of

State, or arson investigator may elect to convert service

credit earned under this Article to eligible creditable

service, as defined by this Section, by filing a written

election with the Board within 6 months after the effective

date of this amendatory Act of the 102nd General Assembly and

paying to the System an amount to be determined by the Board

equal to (i) the difference between the amount of employee

contributions originally paid for that service and the amounts

that would have been contributed had such contributions been

made at the rates applicable to investigators for the

Department of Revenue, investigators for the Illinois Gaming

Board, investigators for the Secretary of State, or arson

investigators, plus (ii) the difference between the employer's

normal cost of the credit prior to the conversion authorized

by this amendatory Act of the 102nd General Assembly and the

employer's normal cost of the credit converted in accordance

with this amendatory Act of the 102nd General Assembly, plus

(iii) interest thereon at the actuarially assumed rate for

each year, compounded annually, from the date of service to

the date of payment.

(i) The total amount of eligible creditable service

established by any person under subsections (g), (h), (j),

(k), (l), (l-5), and (o) of this Section shall not exceed 12

years.

(j) Subject to the limitation in subsection (i), an

investigator for the Office of the State's Attorneys Appellate

Prosecutor or a controlled substance inspector may elect to

establish eligible creditable service for up to 10 years of

his service as a policeman under Article 3 or a sheriff's law

enforcement employee under Article 7, by filing a written

election with the Board, accompanied by payment of an amount

to be determined by the Board, equal to (1) the difference

between the amount of employee and employer contributions

transferred to the System under Section 3-110.6 or 7-139.8,

and the amounts that would have been contributed had such

contributions been made at the rates applicable to State

policemen, plus (2) interest thereon at the effective rate for

each year, compounded annually, from the date of service to

the date of payment.

(k) Subject to the limitation in subsection (i) of this

Section, an alternative formula employee may elect to

establish eligible creditable service for periods spent as a

full-time law enforcement officer or full-time corrections

officer employed by the federal government or by a state or

local government located outside of Illinois, for which credit

is not held in any other public employee pension fund or

retirement system. To obtain this credit, the applicant must

file a written application with the Board by March 31, 1998,

accompanied by evidence of eligibility acceptable to the Board

and payment of an amount to be determined by the Board, equal

to (1) employee contributions for the credit being

established, based upon the applicant's salary on the first

day as an alternative formula employee after the employment

for which credit is being established and the rates then

applicable to alternative formula employees, plus (2) an

amount determined by the Board to be the employer's normal

cost of the benefits accrued for the credit being established,

plus (3) regular interest on the amounts in items (1) and (2)

from the first day as an alternative formula employee after

the employment for which credit is being established to the

date of payment.

(l) Subject to the limitation in subsection (i), a

security employee of the Department of Corrections may elect,

not later than July 1, 1998, to establish eligible creditable

service for up to 10 years of his or her service as a policeman

under Article 3, by filing a written election with the Board,

accompanied by payment of an amount to be determined by the

Board, equal to (i) the difference between the amount of

employee and employer contributions transferred to the System

under Section 3-110.5, and the amounts that would have been

contributed had such contributions been made at the rates

applicable to security employees of the Department of

Corrections, plus (ii) interest thereon at the effective rate

for each year, compounded annually, from the date of service

to the date of payment.

(l-5) Subject to the limitation in subsection (i) of this

Section, a State policeman may elect to establish eligible

creditable service for up to 5 years of service as a full-time

law enforcement officer employed by the federal government or

by a state or local government located outside of Illinois for

which credit is not held in any other public employee pension

fund or retirement system. To obtain this credit, the

applicant must file a written application with the Board no

later than 3 years after January 1, 2020 (the effective date of

Public Act 101-610), accompanied by evidence of eligibility

acceptable to the Board and payment of an amount to be

determined by the Board, equal to (1) employee contributions

for the credit being established, based upon the applicant's

salary on the first day as an alternative formula employee

after the employment for which credit is being established and

the rates then applicable to alternative formula employees,

plus (2) an amount determined by the Board to be the employer's

normal cost of the benefits accrued for the credit being

established, plus (3) regular interest on the amounts in items

(1) and (2) from the first day as an alternative formula

employee after the employment for which credit is being

established to the date of payment.

(m) The amendatory changes to this Section made by Public

Act 94-696 apply only to: (1) security employees of the

Department of Juvenile Justice employed by the Department of

Corrections before June 1, 2006 (the effective date of Public

Act 94-696) and transferred to the Department of Juvenile

Justice by Public Act 94-696; and (2) persons employed by the

Department of Juvenile Justice on or after June 1, 2006 (the

effective date of Public Act 94-696) who are required by

subsection (b) of Section 3-2.5-15 of the Unified Code of

Corrections to have any bachelor's or advanced degree from an

accredited college or university or, in the case of persons

who provide vocational training, who are required to have

adequate knowledge in the skill for which they are providing

the vocational training.

(n) A person employed in a position under subsection (b)

of this Section who has purchased service credit under

subsection (j) of Section 14-104 or subsection (b) of Section

14-105 in any other capacity under this Article may convert up

to 5 years of that service credit into service credit covered

under this Section by paying to the Fund an amount equal to (1)

the additional employee contribution required under Section

14-133, plus (2) the additional employer contribution required

under Section 14-131, plus (3) interest on items (1) and (2) at

the actuarially assumed rate from the date of the service to

the date of payment.

(o) Subject to the limitation in subsection (i), a

conservation police officer, investigator for the Secretary of

State, Commerce Commission police officer, investigator for

the Department of Revenue or the Illinois Gaming Board, or

arson investigator subject to subsection (g) of Section 1-160

may elect to convert up to 8 years of service credit

established before January 1, 2020 (the effective date of

Public Act 101-610) as a conservation police officer,

investigator for the Secretary of State, Commerce Commission

police officer, investigator for the Department of Revenue or

the Illinois Gaming Board, or arson investigator under this

Article into eligible creditable service by filing a written

election with the Board no later than one year after January 1,

2020 (the effective date of Public Act 101-610), accompanied

by payment of an amount to be determined by the Board equal to

(i) the difference between the amount of the employee

contributions actually paid for that service and the amount of

the employee contributions that would have been paid had the

employee contributions been made as a noncovered employee

serving in a position in which eligible creditable service, as

defined in this Section, may be earned, plus (ii) interest

thereon at the effective rate for each year, compounded

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

(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;

102-538, eff. 8-20-21; 102-856, eff. 1-1-23.)

(Text of Section from P.A. 102-956)

Sec. 14-110. Alternative retirement annuity.

(a) Any member who has withdrawn from service with not

less than 20 years of eligible creditable service and has

attained age 55, and any member who has withdrawn from service

with not less than 25 years of eligible creditable service and

has attained age 50, regardless of whether the attainment of

either of the specified ages occurs while the member is still

in service, shall be entitled to receive at the option of the

member, in lieu of the regular or minimum retirement annuity,

a retirement annuity computed as follows:

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

if retirement occurs on or after January 1, 2001, 3% of

final average compensation for each year of creditable

service; if retirement occurs before January 1, 2001, 2

1/4% of final average compensation for each of the first

10 years of creditable service, 2 1/2% for each year above

10 years to and including 20 years of creditable service,

and 2 3/4% for each year of creditable service above 20

years; and

(ii) for periods of eligible creditable service as a

covered employee: if retirement occurs on or after January

1, 2001, 2.5% of final average compensation for each year

of creditable service; if retirement occurs before January

1, 2001, 1.67% of final average compensation for each of

the first 10 years of such service, 1.90% for each of the

next 10 years of such service, 2.10% for each year of such

service in excess of 20 but not exceeding 30, and 2.30% for

each year in excess of 30.

Such annuity shall be subject to a maximum of 75% of final

average compensation if retirement occurs before January 1,

2001 or to a maximum of 80% of final average compensation if

retirement occurs on or after January 1, 2001.

These rates shall not be applicable to any service

performed by a member as a covered employee which is not

eligible creditable service. Service as a covered employee

which is not eligible creditable service shall be subject to

the rates and provisions of Section 14-108.

(b) For the purpose of this Section, "eligible creditable

service" means creditable service resulting from service in

one or more of the following positions:

(1) State policeman;

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

department;

(3) air pilot;

(4) special agent;

(5) investigator for the Secretary of State;

(6) conservation police officer;

(7) investigator for the Department of Revenue or the

Illinois Gaming Board;

(8) security employee of the Department of Human

Services;

(9) Central Management Services security police

officer;

(10) security employee of the Department of

Corrections or the Department of Juvenile Justice;

(11) dangerous drugs investigator;

(12) investigator for the Illinois State Police;

(13) investigator for the Office of the Attorney

General;

(14) controlled substance inspector;

(15) investigator for the Office of the State's

Attorneys Appellate Prosecutor;

(16) Commerce Commission police officer;

(17) arson investigator;

(18) State highway maintenance worker;

(19) security employee of the Department of Innovation

and Technology; or

(20) transferred employee.

A person employed in one of the positions specified in

this subsection is entitled to eligible creditable service for

service credit earned under this Article while undergoing the

basic police training course approved by the Illinois Law

Enforcement Training Standards Board, if completion of that

training is required of persons serving in that position. For

the purposes of this Code, service during the required basic

police training course shall be deemed performance of the

duties of the specified position, even though the person is

not a sworn peace officer at the time of the training.

A person under paragraph (20) is entitled to eligible

creditable service for service credit earned under this

Article on and after his or her transfer by Executive Order No.

2003-10, Executive Order No. 2004-2, or Executive Order No.

2016-1.

(c) For the purposes of this Section:

(1) The term "State policeman" includes any title or

position in the Illinois State Police that is held by an

individual employed under the Illinois State Police Act.

(2) The term "fire fighter in the fire protection

service of a department" includes all officers in such

fire protection service including fire chiefs and

assistant fire chiefs.

(3) The term "air pilot" includes any employee whose

official job description on file in the Department of

Central Management Services, or in the department by which

he is employed if that department is not covered by the

Personnel Code, states that his principal duty is the

operation of aircraft, and who possesses a pilot's

license; however, the change in this definition made by

Public Act 83-842 shall not operate to exclude any

noncovered employee who was an "air pilot" for the

purposes of this Section on January 1, 1984.

(4) The term "special agent" means any person who by

reason of employment by the Division of Narcotic Control,

the Bureau of Investigation or, after July 1, 1977, the

Division of Criminal Investigation, the Division of

Internal Investigation, the Division of Operations, the

Division of Patrol Operations, or any other Division or

organizational entity in the Illinois State Police is

vested by law with duties to maintain public order,

investigate violations of the criminal law of this State,

enforce the laws of this State, make arrests and recover

property. The term "special agent" includes any title or

position in the Illinois State Police that is held by an

individual employed under the Illinois State Police Act.

(5) The term "investigator for the Secretary of State"

means any person employed by the Office of the Secretary

of State and vested with such investigative duties as

render him ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D) and 218(l)(1) of that Act.

A person who became employed as an investigator for

the Secretary of State between January 1, 1967 and

December 31, 1975, and who has served as such until

attainment of age 60, either continuously or with a single

break in service of not more than 3 years duration, which

break terminated before January 1, 1976, shall be entitled

to have his retirement annuity calculated in accordance

with subsection (a), notwithstanding that he has less than

20 years of credit for such service.

(6) The term "Conservation Police Officer" means any

person employed by the Division of Law Enforcement of the

Department of Natural Resources and vested with such law

enforcement duties as render him ineligible for coverage

under the Social Security Act by reason of Sections

218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The

term "Conservation Police Officer" includes the positions

of Chief Conservation Police Administrator and Assistant

Conservation Police Administrator.

(7) The term "investigator for the Department of

Revenue" means any person employed by the Department of

Revenue and vested with such investigative duties as

render him ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D) and 218(l)(1) of that Act.

The term "investigator for the Illinois Gaming Board"

means any person employed as such by the Illinois Gaming

Board and vested with such peace officer duties as render

the person ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D), and 218(l)(1) of that Act.

(8) The term "security employee of the Department of

Human Services" means any person employed by the

Department of Human Services who (i) is employed at the

Chester Mental Health Center and has daily contact with

the residents thereof, (ii) is employed within a security

unit at a facility operated by the Department and has

daily contact with the residents of the security unit,

(iii) is employed at a facility operated by the Department

that includes a security unit and is regularly scheduled

to work at least 50% of his or her working hours within

that security unit, or (iv) is a mental health police

officer. "Mental health police officer" means any person

employed by the Department of Human Services in a position

pertaining to the Department's mental health and

developmental disabilities functions who is vested with

such law enforcement duties as render the person

ineligible for coverage under the Social Security Act by

reason of Sections 218(d)(5)(A), 218(d)(8)(D) and

218(l)(1) of that Act. "Security unit" means that portion

of a facility that is devoted to the care, containment,

and treatment of persons committed to the Department of

Human Services as sexually violent persons, persons unfit

to stand trial, or persons not guilty by reason of

insanity. With respect to past employment, references to

the Department of Human Services include its predecessor,

the Department of Mental Health and Developmental

Disabilities.

The changes made to this subdivision (c)(8) by Public

Act 92-14 apply to persons who retire on or after January

1, 2001, notwithstanding Section 1-103.1.

(9) "Central Management Services security police

officer" means any person employed by the Department of

Central Management Services who is vested with such law

enforcement duties as render him ineligible for coverage

under the Social Security Act by reason of Sections

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

(10) For a member who first became an employee under

this Article before July 1, 2005, the term "security

employee of the Department of Corrections or the

Department of Juvenile Justice" means any employee of the

Department of Corrections or the Department of Juvenile

Justice or the former Department of Personnel, and any

member or employee of the Prisoner Review Board, who has

daily contact with inmates or youth by working within a

correctional facility or Juvenile facility operated by the

Department of Juvenile Justice or who is a parole officer

or an employee who has direct contact with committed

persons in the performance of his or her job duties. For a

member who first becomes an employee under this Article on

or after July 1, 2005, the term means an employee of the

Department of Corrections or the Department of Juvenile

Justice who is any of the following: (i) officially

headquartered at a correctional facility or Juvenile

facility operated by the Department of Juvenile Justice,

(ii) a parole officer, (iii) a member of the apprehension

unit, (iv) a member of the intelligence unit, (v) a member

of the sort team, or (vi) an investigator.

(11) The term "dangerous drugs investigator" means any

person who is employed as such by the Department of Human

Services.

(12) The term "investigator for the Illinois State

Police" means a person employed by the Illinois State

Police who is vested under Section 4 of the Narcotic

Control Division Abolition Act with such law enforcement

powers as render him ineligible for coverage under the

Social Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D) and 218(l)(1) of that Act.

(13) "Investigator for the Office of the Attorney

General" means any person who is employed as such by the

Office of the Attorney General and is vested with such

investigative duties as render him ineligible for coverage

under the Social Security Act by reason of Sections

218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For

the period before January 1, 1989, the term includes all

persons who were employed as investigators by the Office

of the Attorney General, without regard to social security

status.

(14) "Controlled substance inspector" means any person

who is employed as such by the Department of Professional

Regulation and is vested with such law enforcement duties

as render him ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D) and 218(l)(1) of that Act. The term

"controlled substance inspector" includes the Program

Executive of Enforcement and the Assistant Program

Executive of Enforcement.

(15) The term "investigator for the Office of the

State's Attorneys Appellate Prosecutor" means a person

employed in that capacity on a full-time basis under the

authority of Section 7.06 of the State's Attorneys

Appellate Prosecutor's Act.

(16) "Commerce Commission police officer" means any

person employed by the Illinois Commerce Commission who is

vested with such law enforcement duties as render him

ineligible for coverage under the Social Security Act by

reason of Sections 218(d)(5)(A), 218(d)(8)(D), and

218(l)(1) of that Act.

(17) "Arson investigator" means any person who is

employed as such by the Office of the State Fire Marshal

and is vested with such law enforcement duties as render

the person ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D), and 218(l)(1) of that Act. A person who was

employed as an arson investigator on January 1, 1995 and

is no longer in service but not yet receiving a retirement

annuity may convert his or her creditable service for

employment as an arson investigator into eligible

creditable service by paying to the System the difference

between the employee contributions actually paid for that

service and the amounts that would have been contributed

if the applicant were contributing at the rate applicable

to persons with the same social security status earning

eligible creditable service on the date of application.

(18) The term "State highway maintenance worker" means

a person who is either of the following:

(i) A person employed on a full-time basis by the

Illinois Department of Transportation in the position

of highway maintainer, highway maintenance lead

worker, highway maintenance lead/lead worker, heavy

construction equipment operator, power shovel

operator, or bridge mechanic; and whose principal

responsibility is to perform, on the roadway, the

actual maintenance necessary to keep the highways that

form a part of the State highway system in serviceable

condition for vehicular traffic.

(ii) A person employed on a full-time basis by the

Illinois State Toll Highway Authority in the position

of equipment operator/laborer H-4, equipment

operator/laborer H-6, welder H-4, welder H-6,

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

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

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

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

painter H-4, or painter H-6; and whose principal

responsibility is to perform, on the roadway, the

actual maintenance necessary to keep the Authority's

tollways in serviceable condition for vehicular

traffic.

(19) The term "security employee of the Department of

Innovation and Technology" means a person who was a

security employee of the Department of Corrections or the

Department of Juvenile Justice, was transferred to the

Department of Innovation and Technology pursuant to

Executive Order 2016-01, and continues to perform similar

job functions under that Department.

(20) "Transferred employee" means an employee who was

transferred to the Department of Central Management

Services by Executive Order No. 2003-10 or Executive Order

No. 2004-2 or transferred to the Department of Innovation

and Technology by Executive Order No. 2016-1, or both, and

was entitled to eligible creditable service for services

immediately preceding the transfer.

(d) A security employee of the Department of Corrections

or the Department of Juvenile Justice, a security employee of

the Department of Human Services who is not a mental health

police officer, and a security employee of the Department of

Innovation and Technology shall not be eligible for the

alternative retirement annuity provided by this Section unless

he or she meets the following minimum age and service

requirements at the time of retirement:

(i) 25 years of eligible creditable service and age

55; or

(ii) beginning January 1, 1987, 25 years of eligible

creditable service and age 54, or 24 years of eligible

creditable service and age 55; or

(iii) beginning January 1, 1988, 25 years of eligible

creditable service and age 53, or 23 years of eligible

creditable service and age 55; or

(iv) beginning January 1, 1989, 25 years of eligible

creditable service and age 52, or 22 years of eligible

creditable service and age 55; or

(v) beginning January 1, 1990, 25 years of eligible

creditable service and age 51, or 21 years of eligible

creditable service and age 55; or

(vi) beginning January 1, 1991, 25 years of eligible

creditable service and age 50, or 20 years of eligible

creditable service and age 55.

Persons who have service credit under Article 16 of this

Code for service as a security employee of the Department of

Corrections or the Department of Juvenile Justice, or the

Department of Human Services in a position requiring

certification as a teacher may count such service toward

establishing their eligibility under the service requirements

of this Section; but such service may be used only for

establishing such eligibility, and not for the purpose of

increasing or calculating any benefit.

(e) If a member enters military service while working in a

position in which eligible creditable service may be earned,

and returns to State service in the same or another such

position, and fulfills in all other respects the conditions

prescribed in this Article for credit for military service,

such military service shall be credited as eligible creditable

service for the purposes of the retirement annuity prescribed

in this Section.

(f) For purposes of calculating retirement annuities under

this Section, periods of service rendered after December 31,

1968 and before October 1, 1975 as a covered employee in the

position of special agent, conservation police officer, mental

health police officer, or investigator for the Secretary of

State, shall be deemed to have been service as a noncovered

employee, provided that the employee pays to the System prior

to retirement an amount equal to (1) the difference between

the employee contributions that would have been required for

such service as a noncovered employee, and the amount of

employee contributions actually paid, plus (2) if payment is

made after July 31, 1987, regular interest on the amount

specified in item (1) from the date of service to the date of

payment.

For purposes of calculating retirement annuities under

this Section, periods of service rendered after December 31,

1968 and before January 1, 1982 as a covered employee in the

position of investigator for the Department of Revenue shall

be deemed to have been service as a noncovered employee,

provided that the employee pays to the System prior to

retirement an amount equal to (1) the difference between the

employee contributions that would have been required for such

service as a noncovered employee, and the amount of employee

contributions actually paid, plus (2) if payment is made after

January 1, 1990, regular interest on the amount specified in

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

(g) A State policeman may elect, not later than January 1,

1990, to establish eligible creditable service for up to 10

years of his service as a policeman under Article 3, by filing

a written election with the Board, accompanied by payment of

an amount to be determined by the Board, equal to (i) the

difference between the amount of employee and employer

contributions transferred to the System under Section 3-110.5,

and the amounts that would have been contributed had such

contributions been made at the rates applicable to State

policemen, plus (ii) interest thereon at the effective rate

for each year, compounded annually, from the date of service

to the date of payment.

Subject to the limitation in subsection (i), a State

policeman may elect, not later than July 1, 1993, to establish

eligible creditable service for up to 10 years of his service

as a member of the County Police Department under Article 9, by

filing a written election with the Board, accompanied by

payment of an amount to be determined by the Board, equal to

(i) the difference between the amount of employee and employer

contributions transferred to the System under Section 9-121.10

and the amounts that would have been contributed had those

contributions been made at the rates applicable to State

policemen, plus (ii) interest thereon at the effective rate

for each year, compounded annually, from the date of service

to the date of payment.

(h) Subject to the limitation in subsection (i), a State

policeman or investigator for the Secretary of State may elect

to establish eligible creditable service for up to 12 years of

his service as a policeman under Article 5, by filing a written

election with the Board on or before January 31, 1992, and

paying to the System by January 31, 1994 an amount to be

determined by the Board, equal to (i) the difference between

the amount of employee and employer contributions transferred

to the System under Section 5-236, and the amounts that would

have been contributed had such contributions been made at the

rates applicable to State policemen, plus (ii) interest

thereon at the effective rate for each year, compounded

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

Subject to the limitation in subsection (i), a State

policeman, conservation police officer, or investigator for

the Secretary of State may elect to establish eligible

creditable service for up to 10 years of service as a sheriff's

law enforcement employee under Article 7, by filing a written

election with the Board on or before January 31, 1993, and

paying to the System by January 31, 1994 an amount to be

determined by the Board, equal to (i) the difference between

the amount of employee and employer contributions transferred

to the System under Section 7-139.7, and the amounts that

would have been contributed had such contributions been made

at the rates applicable to State policemen, plus (ii) interest

thereon at the effective rate for each year, compounded

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

Subject to the limitation in subsection (i), a State

policeman, conservation police officer, or investigator for

the Secretary of State may elect to establish eligible

creditable service for up to 5 years of service as a police

officer under Article 3, a policeman under Article 5, a

sheriff's law enforcement employee under Article 7, a member

of the county police department under Article 9, or a police

officer under Article 15 by filing a written election with the

Board and paying to the System an amount to be determined by

the Board, equal to (i) the difference between the amount of

employee and employer contributions transferred to the System

under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4

and the amounts that would have been contributed had such

contributions been made at the rates applicable to State

policemen, plus (ii) interest thereon at the effective rate

for each year, compounded annually, from the date of service

to the date of payment.

Subject to the limitation in subsection (i), an

investigator for the Office of the Attorney General, or an

investigator for the Department of Revenue, may elect to

establish eligible creditable service for up to 5 years of

service as a police officer under Article 3, a policeman under

Article 5, a sheriff's law enforcement employee under Article

7, or a member of the county police department under Article 9

by filing a written election with the Board within 6 months

after August 25, 2009 (the effective date of Public Act

96-745) and paying to the System an amount to be determined by

the Board, equal to (i) the difference between the amount of

employee and employer contributions transferred to the System

under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the

amounts that would have been contributed had such

contributions been made at the rates applicable to State

policemen, plus (ii) interest thereon at the actuarially

assumed rate for each year, compounded annually, from the date

of service to the date of payment.

Subject to the limitation in subsection (i), a State

policeman, conservation police officer, investigator for the

Office of the Attorney General, an investigator for the

Department of Revenue, or investigator for the Secretary of

State may elect to establish eligible creditable service for

up to 5 years of service as a person employed by a

participating municipality to perform police duties, or law

enforcement officer employed on a full-time basis by a forest

preserve district under Article 7, a county corrections

officer, or a court services officer under Article 9, by

filing a written election with the Board within 6 months after

August 25, 2009 (the effective date of Public Act 96-745) and

paying to the System an amount to be determined by the Board,

equal to (i) the difference between the amount of employee and

employer contributions transferred to the System under

Sections 7-139.8 and 9-121.10 and the amounts that would have

been contributed had such contributions been made at the rates

applicable to State policemen, plus (ii) interest thereon at

the actuarially assumed rate for each year, compounded

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

Subject to the limitation in subsection (i), a State

policeman, arson investigator, or Commerce Commission police

officer may elect to establish eligible creditable service for

up to 5 years of service as a person employed by a

participating municipality to perform police duties under

Article 7, a county corrections officer, a court services

officer under Article 9, or a firefighter under Article 4 by

filing a written election with the Board within 6 months after

July 30, 2021 (the effective date of Public Act 102-210) and

paying to the System an amount to be determined by the Board

equal to (i) the difference between the amount of employee and

employer contributions transferred to the System under

Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that

would have been contributed had such contributions been made

at the rates applicable to State policemen, plus (ii) interest

thereon at the actuarially assumed rate for each year,

compounded annually, from the date of service to the date of

payment.

Subject to the limitation in subsection (i), a

conservation police officer may elect to establish eligible

creditable service for up to 5 years of service as a person

employed by a participating municipality to perform police

duties under Article 7, a county corrections officer, or a

court services officer under Article 9 by filing a written

election with the Board within 6 months after July 30, 2021

(the effective date of Public Act 102-210) and paying to the

System an amount to be determined by the Board equal to (i) the

difference between the amount of employee and employer

contributions transferred to the System under Sections 7-139.8

and 9-121.10 and the amounts that would have been contributed

had such contributions been made at the rates applicable to

State policemen, plus (ii) interest thereon at the actuarially

assumed rate for each year, compounded annually, from the date

of service to the date of payment.

Notwithstanding the limitation in subsection (i), a State

policeman or conservation police officer may elect to convert

service credit earned under this Article to eligible

creditable service, as defined by this Section, by filing a

written election with the board within 6 months after July 30,

2021 (the effective date of Public Act 102-210) and paying to

the System an amount to be determined by the Board equal to (i)

the difference between the amount of employee contributions

originally paid for that service and the amounts that would

have been contributed had such contributions been made at the

rates applicable to State policemen, plus (ii) the difference

between the employer's normal cost of the credit prior to the

conversion authorized by Public Act 102-210 and the employer's

normal cost of the credit converted in accordance with Public

Act 102-210, plus (iii) interest thereon at the actuarially

assumed rate for each year, compounded annually, from the date

of service to the date of payment.

(i) The total amount of eligible creditable service

established by any person under subsections (g), (h), (j),

(k), (l), (l-5), (o), and (p) of this Section shall not exceed

12 years.

(j) Subject to the limitation in subsection (i), an

investigator for the Office of the State's Attorneys Appellate

Prosecutor or a controlled substance inspector may elect to

establish eligible creditable service for up to 10 years of

his service as a policeman under Article 3 or a sheriff's law

enforcement employee under Article 7, by filing a written

election with the Board, accompanied by payment of an amount

to be determined by the Board, equal to (1) the difference

between the amount of employee and employer contributions

transferred to the System under Section 3-110.6 or 7-139.8,

and the amounts that would have been contributed had such

contributions been made at the rates applicable to State

policemen, plus (2) interest thereon at the effective rate for

each year, compounded annually, from the date of service to

the date of payment.

(k) Subject to the limitation in subsection (i) of this

Section, an alternative formula employee may elect to

establish eligible creditable service for periods spent as a

full-time law enforcement officer or full-time corrections

officer employed by the federal government or by a state or

local government located outside of Illinois, for which credit

is not held in any other public employee pension fund or

retirement system. To obtain this credit, the applicant must

file a written application with the Board by March 31, 1998,

accompanied by evidence of eligibility acceptable to the Board

and payment of an amount to be determined by the Board, equal

to (1) employee contributions for the credit being

established, based upon the applicant's salary on the first

day as an alternative formula employee after the employment

for which credit is being established and the rates then

applicable to alternative formula employees, plus (2) an

amount determined by the Board to be the employer's normal

cost of the benefits accrued for the credit being established,

plus (3) regular interest on the amounts in items (1) and (2)

from the first day as an alternative formula employee after

the employment for which credit is being established to the

date of payment.

(l) Subject to the limitation in subsection (i), a

security employee of the Department of Corrections may elect,

not later than July 1, 1998, to establish eligible creditable

service for up to 10 years of his or her service as a policeman

under Article 3, by filing a written election with the Board,

accompanied by payment of an amount to be determined by the

Board, equal to (i) the difference between the amount of

employee and employer contributions transferred to the System

under Section 3-110.5, and the amounts that would have been

contributed had such contributions been made at the rates

applicable to security employees of the Department of

Corrections, plus (ii) interest thereon at the effective rate

for each year, compounded annually, from the date of service

to the date of payment.

(l-5) Subject to the limitation in subsection (i) of this

Section, a State policeman may elect to establish eligible

creditable service for up to 5 years of service as a full-time

law enforcement officer employed by the federal government or

by a state or local government located outside of Illinois for

which credit is not held in any other public employee pension

fund or retirement system. To obtain this credit, the

applicant must file a written application with the Board no

later than 3 years after January 1, 2020 (the effective date of

Public Act 101-610), accompanied by evidence of eligibility

acceptable to the Board and payment of an amount to be

determined by the Board, equal to (1) employee contributions

for the credit being established, based upon the applicant's

salary on the first day as an alternative formula employee

after the employment for which credit is being established and

the rates then applicable to alternative formula employees,

plus (2) an amount determined by the Board to be the employer's

normal cost of the benefits accrued for the credit being

established, plus (3) regular interest on the amounts in items

(1) and (2) from the first day as an alternative formula

employee after the employment for which credit is being

established to the date of payment.

(m) The amendatory changes to this Section made by Public

Act 94-696 apply only to: (1) security employees of the

Department of Juvenile Justice employed by the Department of

Corrections before June 1, 2006 (the effective date of Public

Act 94-696) and transferred to the Department of Juvenile

Justice by Public Act 94-696; and (2) persons employed by the

Department of Juvenile Justice on or after June 1, 2006 (the

effective date of Public Act 94-696) who are required by

subsection (b) of Section 3-2.5-15 of the Unified Code of

Corrections to have any bachelor's or advanced degree from an

accredited college or university or, in the case of persons

who provide vocational training, who are required to have

adequate knowledge in the skill for which they are providing

the vocational training.

(n) A person employed in a position under subsection (b)

of this Section who has purchased service credit under

subsection (j) of Section 14-104 or subsection (b) of Section

14-105 in any other capacity under this Article may convert up

to 5 years of that service credit into service credit covered

under this Section by paying to the Fund an amount equal to (1)

the additional employee contribution required under Section

14-133, plus (2) the additional employer contribution required

under Section 14-131, plus (3) interest on items (1) and (2) at

the actuarially assumed rate from the date of the service to

the date of payment.

(o) Subject to the limitation in subsection (i), a

conservation police officer, investigator for the Secretary of

State, Commerce Commission police officer, investigator for

the Department of Revenue or the Illinois Gaming Board, or

arson investigator subject to subsection (g) of Section 1-160

may elect to convert up to 8 years of service credit

established before January 1, 2020 (the effective date of

Public Act 101-610) as a conservation police officer,

investigator for the Secretary of State, Commerce Commission

police officer, investigator for the Department of Revenue or

the Illinois Gaming Board, or arson investigator under this

Article into eligible creditable service by filing a written

election with the Board no later than one year after January 1,

2020 (the effective date of Public Act 101-610), accompanied

by payment of an amount to be determined by the Board equal to

(i) the difference between the amount of the employee

contributions actually paid for that service and the amount of

the employee contributions that would have been paid had the

employee contributions been made as a noncovered employee

serving in a position in which eligible creditable service, as

defined in this Section, may be earned, plus (ii) interest

thereon at the effective rate for each year, compounded

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

(p) Subject to the limitation in subsection (i), an

investigator for the Office of the Attorney General subject to

subsection (g) of Section 1-160 may elect to convert up to 8

years of service credit established before the effective date

of this amendatory Act of the 102nd General Assembly as an

investigator for the Office of the Attorney General under this

Article into eligible creditable service by filing a written

election with the Board no later than one year after the

effective date of this amendatory Act of the 102nd General

Assembly, accompanied by payment of an amount to be determined

by the Board equal to (i) the difference between the amount of

the employee contributions actually paid for that service and

the amount of the employee contributions that would have been

paid had the employee contributions been made as a noncovered

employee serving in a position in which eligible creditable

service, as defined in this Section, may be earned, plus (ii)

interest thereon at the effective rate for each year,

compounded annually, from the date of service to the date of

payment.

(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;

102-538, eff. 8-20-21; 102-956, eff. 5-27-22.)

Section 45. The Intergovernmental Missing Child Recovery

Act of 1984 is amended by changing Section 6 as follows:

(325 ILCS 40/6) (from Ch. 23, par. 2256)

Sec. 6. The Illinois State Police shall:

(a) Utilize the statewide Law Enforcement Agencies Data

System (LEADS) for the purpose of effecting an immediate law

enforcement response to reports of missing children. The

Illinois State Police shall implement an automated data

exchange system to compile, to maintain and to make available

for dissemination to Illinois and out-of-State law enforcement

agencies, data which can assist appropriate agencies in

recovering missing children.

(b) Establish contacts and exchange information regarding

lost, missing or runaway children with nationally recognized

"missing person and runaway" service organizations and monitor

national research and publicize important developments.

(c) Provide a uniform reporting format for the entry of

pertinent information regarding reports of missing children

into LEADS.

(d) Develop and implement a policy whereby a statewide or

regional alert would be used in situations relating to the

disappearances of children, based on criteria and in a format

established by the Illinois State Police. Such a format shall

include, but not be limited to, the age and physical

description of the missing child and the suspected

circumstances of the disappearance.

(e) Notify all law enforcement agencies that reports of

missing persons shall be entered as soon as the minimum level

of data specified by the Illinois State Police is available to

the reporting agency and that no waiting period for entry of

such data exists.

(f) Provide a procedure for prompt confirmation of the

receipt and entry of the missing child report into LEADS to the

parent or guardian of the missing child.

(g) Compile and retain information regarding missing

children in a separate data file, in a manner that allows such

information to be used by law enforcement and other agencies

deemed appropriate by the Director, for investigative

purposes. Such files shall be updated to reflect and include

information relating to the disposition of the case.

(h) Compile and maintain an historic data repository

relating to missing children in order (1) to develop and

improve techniques utilized by law enforcement agencies when

responding to reports of missing children and (2) to provide a

factual and statistical base for research that would address

the problem of missing children.

(i) Create a quality control program to assess the monitor

timeliness of entries of missing children reports into LEADS

and conduct performance audits of all entering agencies.

(j) Prepare a periodic information bulletin concerning

missing children who it determines may be present in this

State, compiling such bulletin from information contained in

both the National Crime Information Center computer and from

reports, alerts and other information entered into LEADS or

otherwise compiled and retained by the Illinois State Police

pursuant to this Act. The bulletin shall indicate the name,

age, physical description, suspected circumstances of

disappearance if that information is available, a photograph

if one is available, the name of the law enforcement agency

investigating the case, and such other information as the

Director considers appropriate concerning each missing child

who the Illinois State Police determines may be present in

this State. The Illinois State Police shall send a copy of each

periodic information bulletin to the State Board of Education

for its use in accordance with Section 2-3.48 of the School

Code. The Illinois State Police shall provide a copy of the

bulletin, upon request, to law enforcement agencies of this or

any other state or of the federal government, and may provide a

copy of the bulletin, upon request, to other persons or

entities, if deemed appropriate by the Director, and may

establish limitations on its use and a reasonable fee for so

providing the same, except that no fee shall be charged for

providing the periodic information bulletin to the State Board

of Education, appropriate units of local government, State

agencies, or law enforcement agencies of this or any other

state or of the federal government.

(k) Provide for the entry into LEADS of the names and

addresses of sex offenders as defined in the Sex Offender

Registration Act who are required to register under that Act.

The information shall be immediately accessible to law

enforcement agencies and peace officers of this State or any

other state or of the federal government. Similar information

may be requested from any other state or of the federal

government for purposes of this Act.

(l) Provide for the entry into LEADS of the names and

addresses of violent offenders against youth as defined in the

Murderer and Violent Offender Against Youth Registration Act

who are required to register under that Act. The information

shall be immediately accessible to law enforcement agencies

and peace officers of this State or any other state or of the

federal government. Similar information may be requested from

any other state or of the federal government for purposes of

this Act.

(Source: P.A. 102-538, eff. 8-20-21.)

Section 50. The Sex Offender Registration Act is amended

by changing Section 11 as follows:

(730 ILCS 150/11)

Sec. 11. Offender Registration Fund. There is created the

Offender Registration Fund (formerly known as the Sex Offender

Registration Fund). Moneys in the Fund shall be used to cover

costs incurred by the criminal justice system to administer

this Article and the Murderer and Violent Offender Against

Youth Registration Act, and for purposes as authorized under

this Section 5-9-1.15 of the Unified Code of Corrections. The

Illinois State Police shall establish and promulgate rules and

procedures regarding the administration of this Fund. Fifty

percent of the moneys in the Fund shall be allocated by the

Department for sheriffs' offices and police departments. The

remaining moneys in the Fund received under this amendatory

Act of the 101st General Assembly shall be allocated to the

Illinois State Police for education and administration of the

Act.

Notwithstanding any other provision of law, in addition to

any other transfers that may be provided by law, on the

effective date of this amendatory Act of the 103rd General

Assembly, or as soon thereafter as practical, the State

Comptroller shall direct and the State Treasurer shall

transfer the remaining balance from the Sex Offender

Investigation Fund to the Offender Registration Fund. Upon

completion of the transfers, the Sex Offender Investigation

Fund is dissolved, and any future deposits into the Sex

Offender Investigation Fund and any outstanding obligations or

liabilities of the Sex Offender Investigation Fund pass to the

Offender Registration Fund.

(Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)