Illinois-2021-HB5458-Introduced

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5458

Introduced , by Rep. Michael Halpin

SYNOPSIS AS INTRODUCED:

See Index

Amends the State Employees Article of the Illinois Pension Code. Provides that an investigator for the Department of Revenue or investigator for the Illinois Gaming Board may elect to establish eligible creditable service under the alternative retirement annuity formula for up to 5 years of service as a person employed by a participating municipality to perform police duties under the Illinois Municipal Retirement Fund (IMRF) Article, a county corrections officer, a court services officer under the Cook County Article, or a firefighter under the Downstate Firefighter Article by filing a written election with the Board within 6 months after the effective date of the amendatory Act 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 and the amounts that would have been contributed had such contributions been made at the rates applicable to investigators for the Department of Revenue or investigators for the Illinois Gaming Board, plus (ii) interest thereon at the actuarially assumed rate for each year, compounded annually, from the date of service to the date of payment. Provides that an investigator for either the Department of Revenue or the Illinois Gaming Board may elect to convert service credit under the State Employees Article to eligible creditable service under the alternative annuity provisions by filing a written election and making a specified contribution. Makes other changes. Amends the State Mandates Act to require implementation without reimbursement by the State.

LRB102 25983 RPS 35383 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

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1 AN ACT concerning public employee benefits.

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

3 represented in the General Assembly:

4 Section 5. The Illinois Pension Code is amended by

5 changing Sections 4-108.8, 7-139.8, 9-121.10, 14-110, and

6 14-152.1 as follows:

7 (40 ILCS 5/4-108.8)

8 Sec. 4-108.8. Transfer of creditable service to the State

9 Employees' Retirement System.

10 (a) Any active member of the State Employees' Retirement

11 System who is an arson investigator, investigator for the

12 Department of Revenue, or investigator for the Illinois Gaming

13 Board may apply for transfer of some or all of his or her

14 credits and creditable service accumulated in any

15 firefighters' pension fund under this Article to the State

16 Employees' Retirement System in accordance with Section

17 14-110. The creditable service shall be transferred only upon

18 payment by the firefighters' pension fund to the State

19 Employees' Retirement System of an amount equal to:

20 (1) the amounts accumulated to the credit of the

21 applicant for the service to be transferred on file with

22 the fund on the date of transfer;

23 (2) employer contributions in an amount equal to the

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1 amount determined under paragraph (1); and

2 (3) any interest paid by the applicant in order to

3 reinstate service to be transferred.

4 Participation in the firefighters' pension fund with

5 respect to the service to be transferred shall terminate on

6 the date of transfer.

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

8 Section may reinstate service that was terminated by receipt

9 of a refund, by paying to the firefighters' pension fund the

10 amount of the refund with interest thereon at the actuarially

11 assumed rate of interest, compounded annually, from the date

12 of refund to the date of payment.

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

14 (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)

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

16 (a) Any active member of the State Employees' Retirement

17 System who is a State policeman, an investigator for the

18 Secretary of State, a conservation police officer, an

19 investigator for the Office of the Attorney General, an

20 investigator for the Department of Revenue, an investigator

21 for the Illinois Gaming Board, a Commerce Commission police

22 officer, an investigator for the Office of the State's

23 Attorneys Appellate Prosecutor, or a controlled substance

24 inspector may apply for transfer of some or all of his or her

25 credits and creditable service accumulated in this Fund for

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1 service as a sheriff's law enforcement employee, person

2 employed by a participating municipality to perform police

3 duties, or law enforcement officer employed on a full-time

4 basis by a forest preserve district to the State Employees'

5 Retirement System in accordance with Section 14-110. The

6 creditable service shall be transferred only upon payment by

7 this Fund to the State Employees' Retirement System of an

8 amount equal to:

9 (1) the amounts accumulated to the credit of the

10 applicant for the service to be transferred, including

11 interest; and

12 (2) municipality credits based on such service,

13 including interest; and

14 (3) any interest paid by the applicant to reinstate

15 such service.

16 Participation in this Fund as to any credits transferred under

17 this Section shall terminate on the date of transfer.

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

19 Section may reinstate credits and creditable service

20 terminated upon receipt of a separation benefit, by paying to

21 the Fund the amount of the separation benefit plus interest

22 thereon at the actuarially assumed rate of interest to the

23 date of payment.

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

25 (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)

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1 Sec. 9-121.10. Transfer to Article 14.

2 (a) Any active member of the State Employees' Retirement

3 System who is a State policeman, investigator for the Office

4 of the Attorney General, an investigator for the Department of

5 Revenue, investigator for the Illinois Gaming Board,

6 investigator for the Secretary of State, or conservation

7 police officer may apply for transfer of some or all of his

8 creditable service as a member of the County Police

9 Department, a county corrections officer, or a court services

10 officer accumulated under this Article to the State Employees'

11 Retirement System in accordance with Section 14-110. At the

12 time of the transfer the Fund shall pay to the State Employees'

13 Retirement System an amount equal to:

14 (1) the amounts accumulated to the credit of the

15 applicant on the books of the Fund on the date of transfer

16 for the service to be transferred; and

17 (2) the corresponding municipality credits, including

18 interest, on the books of the Fund on the date of transfer;

19 and

20 (3) any interest paid by the applicant in order to

21 reinstate such service.

22 Participation in this Fund with respect to the credits

23 transferred shall terminate on the date of transfer.

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

25 Section may reinstate credit for service as a member of the

26 County Police Department that was terminated by receipt of a

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1 refund, by paying to the Fund the amount of the refund with

2 interest thereon at the actuarially assumed rate of interest,

3 compounded annually, from the date of refund to the date of

4 payment.

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

6 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)

7 Sec. 14-110. Alternative retirement annuity.

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

9 less than 20 years of eligible creditable service and has

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

11 with not less than 25 years of eligible creditable service and

12 has attained age 50, regardless of whether the attainment of

13 either of the specified ages occurs while the member is still

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

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

16 a retirement annuity computed as follows:

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

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

19 final average compensation for each year of creditable

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

21 1/4% of final average compensation for each of the first

22 10 years of creditable service, 2 1/2% for each year above

23 10 years to and including 20 years of creditable service,

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

25 years; and

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1 (ii) for periods of eligible creditable service as a

2 covered employee: if retirement occurs on or after January

3 1, 2001, 2.5% of final average compensation for each year

4 of creditable service; if retirement occurs before January

5 1, 2001, 1.67% of final average compensation for each of

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

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

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

9 each year in excess of 30.

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

11 average compensation if retirement occurs before January 1,

12 2001 or to a maximum of 80% of final average compensation if

13 retirement occurs on or after January 1, 2001.

14 These rates shall not be applicable to any service

15 performed by a member as a covered employee which is not

16 eligible creditable service. Service as a covered employee

17 which is not eligible creditable service shall be subject to

18 the rates and provisions of Section 14-108.

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

20 service" means creditable service resulting from service in

21 one or more of the following positions:

22 (1) State policeman;

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

24 department;

25 (3) air pilot;

26 (4) special agent;

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1 (5) investigator for the Secretary of State;

2 (6) conservation police officer;

3 (7) investigator for the Department of Revenue or the

4 Illinois Gaming Board;

5 (8) security employee of the Department of Human

6 Services;

7 (9) Central Management Services security police

8 officer;

9 (10) security employee of the Department of

10 Corrections or the Department of Juvenile Justice;

11 (11) dangerous drugs investigator;

12 (12) investigator for the Illinois State Police;

13 (13) investigator for the Office of the Attorney

14 General;

15 (14) controlled substance inspector;

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

17 Attorneys Appellate Prosecutor;

18 (16) Commerce Commission police officer;

19 (17) arson investigator;

20 (18) State highway maintenance worker;

21 (19) security employee of the Department of Innovation

22 and Technology; or

23 (20) transferred employee.

24 A person employed in one of the positions specified in

25 this subsection is entitled to eligible creditable service for

26 service credit earned under this Article while undergoing the

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1 basic police training course approved by the Illinois Law

2 Enforcement Training Standards Board, if completion of that

3 training is required of persons serving in that position. For

4 the purposes of this Code, service during the required basic

5 police training course shall be deemed performance of the

6 duties of the specified position, even though the person is

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

8 A person under paragraph (20) is entitled to eligible

9 creditable service for service credit earned under this

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

11 2003-10, Executive Order No. 2004-2, or Executive Order No.

12 2016-1.

13 (c) For the purposes of this Section:

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

15 position in the Illinois State Police that is held by an

16 individual employed under the Illinois State Police Act.

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

18 service of a department" includes all officers in such

19 fire protection service including fire chiefs and

20 assistant fire chiefs.

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

22 official job description on file in the Department of

23 Central Management Services, or in the department by which

24 he is employed if that department is not covered by the

25 Personnel Code, states that his principal duty is the

26 operation of aircraft, and who possesses a pilot's

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1 license; however, the change in this definition made by

2 Public Act 83-842 ~~this amendatory Act of 1983~~ shall not

3 operate to exclude any noncovered employee who was an "air

4 pilot" for the purposes of this Section on January 1,

5 1984.

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

7 reason of employment by the Division of Narcotic Control,

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

9 Division of Criminal Investigation, the Division of

10 Internal Investigation, the Division of Operations, the

11 Division of Patrol Operations, or any other Division or

12 organizational entity in the Illinois State Police is

13 vested by law with duties to maintain public order,

14 investigate violations of the criminal law of this State,

15 enforce the laws of this State, make arrests and recover

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

17 position in the Illinois State Police that is held by an

18 individual employed under the Illinois State Police Act.

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

20 means any person employed by the Office of the Secretary

21 of State and vested with such investigative duties as

22 render him ineligible for coverage under the Social

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

24 218(d)(8)(D) and 218(l)(1) of that Act.

25 A person who became employed as an investigator for

26 the Secretary of State between January 1, 1967 and

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

2 attainment of age 60, either continuously or with a single

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

4 break terminated before January 1, 1976, shall be entitled

5 to have his retirement annuity calculated in accordance

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

7 20 years of credit for such service.

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

9 person employed by the Division of Law Enforcement of the

10 Department of Natural Resources and vested with such law

11 enforcement duties as render him ineligible for coverage

12 under the Social Security Act by reason of Sections

13 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The

14 term "Conservation Police Officer" includes the positions

15 of Chief Conservation Police Administrator and Assistant

16 Conservation Police Administrator.

17 (7) The term "investigator for the Department of

18 Revenue" means any person employed by the Department of

19 Revenue and vested with such investigative duties as

20 render him ineligible for coverage under the Social

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

22 218(d)(8)(D) and 218(l)(1) of that Act.

23 The term "investigator for the Illinois Gaming Board"

24 means any person employed as such by the Illinois Gaming

25 Board and vested with such peace officer duties as render

26 the person ineligible for coverage under the Social

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

2 218(d)(8)(D), and 218(l)(1) of that Act.

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

4 Human Services" means any person employed by the

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

6 Chester Mental Health Center and has daily contact with

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

8 unit at a facility operated by the Department and has

9 daily contact with the residents of the security unit,

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

11 that includes a security unit and is regularly scheduled

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

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

14 officer. "Mental health police officer" means any person

15 employed by the Department of Human Services in a position

16 pertaining to the Department's mental health and

17 developmental disabilities functions who is vested with

18 such law enforcement duties as render the person

19 ineligible for coverage under the Social Security Act by

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

21 218(l)(1) of that Act. "Security unit" means that portion

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

23 and treatment of persons committed to the Department of

24 Human Services as sexually violent persons, persons unfit

25 to stand trial, or persons not guilty by reason of

26 insanity. With respect to past employment, references to

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1 the Department of Human Services include its predecessor,

2 the Department of Mental Health and Developmental

3 Disabilities.

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

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

6 1, 2001, notwithstanding Section 1-103.1.

7 (9) "Central Management Services security police

8 officer" means any person employed by the Department of

9 Central Management Services who is vested with such law

10 enforcement duties as render him ineligible for coverage

11 under the Social Security Act by reason of Sections

12 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.

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

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

15 employee of the Department of Corrections or the

16 Department of Juvenile Justice" means any employee of the

17 Department of Corrections or the Department of Juvenile

18 Justice or the former Department of Personnel, and any

19 member or employee of the Prisoner Review Board, who has

20 daily contact with inmates or youth by working within a

21 correctional facility or Juvenile facility operated by the

22 Department of Juvenile Justice or who is a parole officer

23 or an employee who has direct contact with committed

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

25 member who first becomes an employee under this Article on

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

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1 Department of Corrections or the Department of Juvenile

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

3 headquartered at a correctional facility or Juvenile

4 facility operated by the Department of Juvenile Justice,

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

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

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

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

9 person who is employed as such by the Department of Human

10 Services.

11 (12) The term "investigator for the Illinois State

12 Police" means a person employed by the Illinois State

13 Police who is vested under Section 4 of the Narcotic

14 Control Division Abolition Act with such law enforcement

15 powers as render him ineligible for coverage under the

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

17 218(d)(8)(D) and 218(l)(1) of that Act.

18 (13) "Investigator for the Office of the Attorney

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

20 Office of the Attorney General and is vested with such

21 investigative duties as render him ineligible for coverage

22 under the Social Security Act by reason of Sections

23 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For

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

25 persons who were employed as investigators by the Office

26 of the Attorney General, without regard to social security

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1 status.

2 (14) "Controlled substance inspector" means any person

3 who is employed as such by the Department of Professional

4 Regulation and is vested with such law enforcement duties

5 as render him ineligible for coverage under the Social

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

7 218(d)(8)(D) and 218(l)(1) of that Act. The term

8 "controlled substance inspector" includes the Program

9 Executive of Enforcement and the Assistant Program

10 Executive of Enforcement.

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

12 State's Attorneys Appellate Prosecutor" means a person

13 employed in that capacity on a full-time ~~full time~~ basis

14 under the authority of Section 7.06 of the State's

15 Attorneys Appellate Prosecutor's Act.

16 (16) "Commerce Commission police officer" means any

17 person employed by the Illinois Commerce Commission who is

18 vested with such law enforcement duties as render him

19 ineligible for coverage under the Social Security Act by

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

21 218(l)(1) of that Act.

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

23 employed as such by the Office of the State Fire Marshal

24 and is vested with such law enforcement duties as render

25 the person ineligible for coverage under the Social

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

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

2 employed as an arson investigator on January 1, 1995 and

3 is no longer in service but not yet receiving a retirement

4 annuity may convert his or her creditable service for

5 employment as an arson investigator into eligible

6 creditable service by paying to the System the difference

7 between the employee contributions actually paid for that

8 service and the amounts that would have been contributed

9 if the applicant were contributing at the rate applicable

10 to persons with the same social security status earning

11 eligible creditable service on the date of application.

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

13 a person who is either of the following:

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

15 Illinois Department of Transportation in the position

16 of highway maintainer, highway maintenance lead

17 worker, highway maintenance lead/lead worker, heavy

18 construction equipment operator, power shovel

19 operator, or bridge mechanic; and whose principal

20 responsibility is to perform, on the roadway, the

21 actual maintenance necessary to keep the highways that

22 form a part of the State highway system in serviceable

23 condition for vehicular traffic.

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

25 Illinois State Toll Highway Authority in the position

26 of equipment operator/laborer H-4, equipment

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

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

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

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

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

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

7 responsibility is to perform, on the roadway, the

8 actual maintenance necessary to keep the Authority's

9 tollways in serviceable condition for vehicular

10 traffic.

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

12 Innovation and Technology" means a person who was a

13 security employee of the Department of Corrections or the

14 Department of Juvenile Justice, was transferred to the

15 Department of Innovation and Technology pursuant to

16 Executive Order 2016-01, and continues to perform similar

17 job functions under that Department.

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

19 transferred to the Department of Central Management

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

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

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

23 was entitled to eligible creditable service for services

24 immediately preceding the transfer.

25 (d) A security employee of the Department of Corrections

26 or the Department of Juvenile Justice, a security employee of

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1 the Department of Human Services who is not a mental health

2 police officer, and a security employee of the Department of

3 Innovation and Technology shall not be eligible for the

4 alternative retirement annuity provided by this Section unless

5 he or she meets the following minimum age and service

6 requirements at the time of retirement:

7 (i) 25 years of eligible creditable service and age

8 55; or

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

10 creditable service and age 54, or 24 years of eligible

11 creditable service and age 55; or

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

13 creditable service and age 53, or 23 years of eligible

14 creditable service and age 55; or

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

16 creditable service and age 52, or 22 years of eligible

17 creditable service and age 55; or

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

19 creditable service and age 51, or 21 years of eligible

20 creditable service and age 55; or

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

22 creditable service and age 50, or 20 years of eligible

23 creditable service and age 55.

24 Persons who have service credit under Article 16 of this

25 Code for service as a security employee of the Department of

26 Corrections or the Department of Juvenile Justice, or the

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1 Department of Human Services in a position requiring

2 certification as a teacher may count such service toward

3 establishing their eligibility under the service requirements

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

5 establishing such eligibility, and not for the purpose of

6 increasing or calculating any benefit.

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

8 position in which eligible creditable service may be earned,

9 and returns to State service in the same or another such

10 position, and fulfills in all other respects the conditions

11 prescribed in this Article for credit for military service,

12 such military service shall be credited as eligible creditable

13 service for the purposes of the retirement annuity prescribed

14 in this Section.

15 (f) For purposes of calculating retirement annuities under

16 this Section, periods of service rendered after December 31,

17 1968 and before October 1, 1975 as a covered employee in the

18 position of special agent, conservation police officer, mental

19 health police officer, or investigator for the Secretary of

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

21 employee, provided that the employee pays to the System prior

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

23 the employee contributions that would have been required for

24 such service as a noncovered employee, and the amount of

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

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

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

2 payment.

3 For purposes of calculating retirement annuities under

4 this Section, periods of service rendered after December 31,

5 1968 and before January 1, 1982 as a covered employee in the

6 position of investigator for the Department of Revenue shall

7 be deemed to have been service as a noncovered employee,

8 provided that the employee pays to the System prior to

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

10 employee contributions that would have been required for such

11 service as a noncovered employee, and the amount of employee

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

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

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

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

16 1990, to establish eligible creditable service for up to 10

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

18 a written election with the Board, accompanied by payment of

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

20 difference between the amount of employee and employer

21 contributions transferred to the System under Section 3-110.5,

22 and the amounts that would have been contributed had such

23 contributions been made at the rates applicable to State

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

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

26 to the date of payment.

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

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

3 eligible creditable service for up to 10 years of his service

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

5 filing a written election with the Board, accompanied by

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

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

8 contributions transferred to the System under Section 9-121.10

9 and the amounts that would have been contributed had those

10 contributions been made at the rates applicable to State

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

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

13 to the date of payment.

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

15 policeman or investigator for the Secretary of State may elect

16 to establish eligible creditable service for up to 12 years of

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

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

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

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

21 the amount of employee and employer contributions transferred

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

23 have been contributed had such contributions been made at the

24 rates applicable to State policemen, plus (ii) interest

25 thereon at the effective rate for each year, compounded

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

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

2 policeman, conservation police officer, or investigator for

3 the Secretary of State may elect to establish eligible

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

5 law enforcement employee under Article 7, by filing a written

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

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

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

9 the amount of employee and employer contributions transferred

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

11 would have been contributed had such contributions been made

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

13 thereon at the effective rate for each year, compounded

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

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

16 policeman, conservation police officer, or investigator for

17 the Secretary of State may elect to establish eligible

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

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

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

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

22 officer under Article 15 by filing a written election with the

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

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

25 employee and employer contributions transferred to the System

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

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1 and the amounts that would have been contributed had such

2 contributions been made at the rates applicable to State

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

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

5 to the date of payment.

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

7 investigator for the Office of the Attorney General, or an

8 investigator for the Department of Revenue, may elect to

9 establish eligible creditable service for up to 5 years of

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

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

12 7, or a member of the county police department under Article 9

13 by filing a written election with the Board within 6 months

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

15 96-745) and paying to the System an amount to be determined by

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

17 employee and employer contributions transferred to the System

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

19 amounts that would have been contributed had such

20 contributions been made at the rates applicable to State

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

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

23 of service to the date of payment.

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

25 policeman, conservation police officer, investigator for the

26 Office of the Attorney General, an investigator for the

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LRB102 25983 RPS 35383 b

1 Department of Revenue, or investigator for the Secretary of

2 State may elect to establish eligible creditable service for

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

4 participating municipality to perform police duties, or law

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

6 preserve district under Article 7, a county corrections

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

8 filing a written election with the Board within 6 months after

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

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

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

12 employer contributions transferred to the System under

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

14 been contributed had such contributions been made at the rates

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

16 the actuarially assumed rate for each year, compounded

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

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

19 policeman, arson investigator, or Commerce Commission police

20 officer may elect to establish eligible creditable service for

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

22 participating municipality to perform police duties under

23 Article 7, a county corrections officer, a court services

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

25 filing a written election with the Board within 6 months after

26 July 30, 2021 (the effective date of Public Act 102-210) ~~this~~

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LRB102 25983 RPS 35383 b

1 ~~amendatory Act of the 102nd General Assembly~~ and paying to the

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

3 difference between the amount of employee and employer

4 contributions transferred to the System under Sections

5 4-108.8, 7-139.8, and 9-121.10 and the amounts that would have

6 been contributed had such contributions been made at the rates

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

8 the actuarially assumed rate for each year, compounded

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

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

11 conservation police officer may elect to establish eligible

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

13 employed by a participating municipality to perform police

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

15 court services officer under Article 9 by filing a written

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

17 (the effective date of Public Act 102-210) ~~this amendatory Act~~

18 ~~of the 102nd General Assembly~~ and paying to the System an

19 amount to be determined by the Board equal to (i) the

20 difference between the amount of employee and employer

21 contributions transferred to the System under Sections 7-139.8

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

23 had such contributions been made at the rates applicable to

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

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

26 of service to the date of payment.

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

2 investigator for the Department of Revenue or investigator for

3 the Illinois Gaming Board may elect to establish eligible

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

5 employed by a participating municipality to perform police

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

7 services officer under Article 9, or a firefighter under

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

9 months after the effective date of this amendatory Act of the

10 102nd General Assembly and paying to the System an amount to be

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

12 the amount of employee and employer contributions transferred

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

14 and the amounts that would have been contributed had such

15 contributions been made at the rates applicable to

16 investigators for the Department of Revenue or investigators

17 for the Illinois Gaming Board, plus (ii) interest thereon at

18 the actuarially assumed rate for each year, compounded

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

20 Notwithstanding the limitation in subsection (i), a State

21 policeman or conservation police officer may elect to convert

22 service credit earned under this Article to eligible

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

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

25 2021 (the effective date of Public Act 102-210) ~~this~~

26 ~~amendatory Act of the 102nd General Assembly~~ and paying to the

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LRB102 25983 RPS 35383 b

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

2 difference between the amount of employee contributions

3 originally paid for that service and the amounts that would

4 have been contributed had such contributions been made at the

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

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

7 conversion authorized by Public Act 102-210 ~~this amendatory~~

8 ~~Act of the 102nd General Assembly~~ and the employer's normal

9 cost of the credit converted in accordance with Public Act

10 102-210 ~~this amendatory Act of the 102nd General Assembly~~,

11 plus (iii) interest thereon at the actuarially assumed rate

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

13 to the date of payment.

14 Notwithstanding the limitation in subsection (i), an

15 investigator for either the Department of Revenue or the

16 Illinois Gaming Board may elect to convert service credit

17 earned under this Article to eligible creditable service, as

18 defined by this Section, by filing a written election with the

19 Board within 6 months after the effective date of this

20 amendatory Act of the 102nd General Assembly and paying to the

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

22 difference between the amount of employee contributions

23 originally paid for that service and the amounts that would

24 have been contributed had such contributions been made at the

25 rates applicable to an investigator for the Department of

26 Revenue or the Illinois Gaming Board, plus (ii) the difference

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LRB102 25983 RPS 35383 b

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

2 conversion authorized by this amendatory Act of the 102nd

3 General Assembly and the employer's normal cost of the credit

4 converted in accordance with this amendatory Act of the 102nd

5 General Assembly, plus (iii) interest thereon at the

6 actuarially assumed rate for each year, compounded annually,

7 from the date of service to the date of payment.

8 (i) The total amount of eligible creditable service

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

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

11 years.

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

13 investigator for the Office of the State's Attorneys Appellate

14 Prosecutor or a controlled substance inspector may elect to

15 establish eligible creditable service for up to 10 years of

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

17 enforcement employee under Article 7, by filing a written

18 election with the Board, accompanied by payment of an amount

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

20 between the amount of employee and employer contributions

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

22 and the amounts that would have been contributed had such

23 contributions been made at the rates applicable to State

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

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

26 the date of payment.

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LRB102 25983 RPS 35383 b

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

2 Section, an alternative formula employee may elect to

3 establish eligible creditable service for periods spent as a

4 full-time law enforcement officer or full-time corrections

5 officer employed by the federal government or by a state or

6 local government located outside of Illinois, for which credit

7 is not held in any other public employee pension fund or

8 retirement system. To obtain this credit, the applicant must

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

10 accompanied by evidence of eligibility acceptable to the Board

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

12 to (1) employee contributions for the credit being

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

14 day as an alternative formula employee after the employment

15 for which credit is being established and the rates then

16 applicable to alternative formula employees, plus (2) an

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

18 cost of the benefits accrued for the credit being established,

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

20 from the first day as an alternative formula employee after

21 the employment for which credit is being established to the

22 date of payment.

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

24 security employee of the Department of Corrections may elect,

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

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

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LRB102 25983 RPS 35383 b

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

2 accompanied by payment of an amount to be determined by the

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

4 employee and employer contributions transferred to the System

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

6 contributed had such contributions been made at the rates

7 applicable to security employees of the Department of

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

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

10 to the date of payment.

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

12 Section, a State policeman may elect to establish eligible

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

14 law enforcement officer employed by the federal government or

15 by a state or local government located outside of Illinois for

16 which credit is not held in any other public employee pension

17 fund or retirement system. To obtain this credit, the

18 applicant must file a written application with the Board no

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

20 Public Act 101-610) ~~this amendatory Act of the 101st General~~

21 ~~Assembly~~, accompanied by evidence of eligibility acceptable to

22 the Board and payment of an amount to be determined by the

23 Board, equal to (1) employee contributions for the credit

24 being established, based upon the applicant's salary on the

25 first day as an alternative formula employee after the

26 employment for which credit is being established and the rates

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LRB102 25983 RPS 35383 b

1 then applicable to alternative formula employees, plus (2) an

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

3 cost of the benefits accrued for the credit being established,

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

5 from the first day as an alternative formula employee after

6 the employment for which credit is being established to the

7 date of payment.

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

9 Act 94-696 ~~this amendatory Act of the 94th General Assembly~~

10 apply only to: (1) security employees of the Department of

11 Juvenile Justice employed by the Department of Corrections

12 before June 1, 2006 (the effective date of Public Act 94-696)

13 ~~this amendatory Act of the 94th General Assembly~~ and

14 transferred to the Department of Juvenile Justice by Public

15 Act 94-696 ~~this amendatory Act of the 94th General Assembly~~;

16 and (2) persons employed by the Department of Juvenile Justice

17 on or after June 1, 2006 (the effective date of Public Act

18 94-696) ~~this amendatory Act of the 94th General Assembly~~ who

19 are required by subsection (b) of Section 3-2.5-15 of the

20 Unified Code of Corrections to have any bachelor's or advanced

21 degree from an accredited college or university or, in the

22 case of persons who provide vocational training, who are

23 required to have adequate knowledge in the skill for which

24 they are providing the vocational training.

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

26 of this Section who has purchased service credit under

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LRB102 25983 RPS 35383 b

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

2 14-105 in any other capacity under this Article may convert up

3 to 5 years of that service credit into service credit covered

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

5 the additional employee contribution required under Section

6 14-133, plus (2) the additional employer contribution required

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

8 the actuarially assumed rate from the date of the service to

9 the date of payment.

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

11 conservation police officer, investigator for the Secretary of

12 State, Commerce Commission police officer, investigator for

13 the Department of Revenue or the Illinois Gaming Board, or

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

15 may elect to convert up to 8 years of service credit

16 established before January 1, 2020 (the effective date of

17 Public Act 101-610) ~~this amendatory Act of the 101st General~~

18 ~~Assembly~~ as a conservation police officer, investigator for

19 the Secretary of State, Commerce Commission police officer,

20 investigator for the Department of Revenue or the Illinois

21 Gaming Board, or arson investigator under this Article into

22 eligible creditable service by filing a written election with

23 the Board no later than one year after January 1, 2020 (the

24 effective date of Public Act 101-610) ~~this amendatory Act of~~

25 ~~the 101st General Assembly~~, accompanied by payment of an

26 amount to be determined by the Board equal to (i) the

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LRB102 25983 RPS 35383 b

1 difference between the amount of the employee contributions

2 actually paid for that service and the amount of the employee

3 contributions that would have been paid had the employee

4 contributions been made as a noncovered employee serving in a

5 position in which eligible creditable service, as defined in

6 this Section, may be earned, plus (ii) interest thereon at the

7 effective rate for each year, compounded annually, from the

8 date of service to the date of payment.

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

10 102-538, eff. 8-20-21; revised 10-12-21.)

11 (40 ILCS 5/14-152.1)

12 Sec. 14-152.1. Application and expiration of new benefit

13 increases.

14 (a) As used in this Section, "new benefit increase" means

15 an increase in the amount of any benefit provided under this

16 Article, or an expansion of the conditions of eligibility for

17 any benefit under this Article, that results from an amendment

18 to this Code that takes effect after June 1, 2005 (the

19 effective date of Public Act 94-4). "New benefit increase",

20 however, does not include any benefit increase resulting from

21 the changes made to Article 1 or this Article by Public Act

22 96-37, Public Act 100-23, Public Act 100-587, Public Act

23 100-611, Public Act 101-10, Public Act 101-610, Public Act

24 102-210, or this amendatory Act of the 102nd General Assembly

25 ~~or this amendatory Act of the 102nd General Assembly~~.

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LRB102 25983 RPS 35383 b

1 (b) Notwithstanding any other provision of this Code or

2 any subsequent amendment to this Code, every new benefit

3 increase is subject to this Section and shall be deemed to be

4 granted only in conformance with and contingent upon

5 compliance with the provisions of this Section.

6 (c) The Public Act enacting a new benefit increase must

7 identify and provide for payment to the System of additional

8 funding at least sufficient to fund the resulting annual

9 increase in cost to the System as it accrues.

10 Every new benefit increase is contingent upon the General

11 Assembly providing the additional funding required under this

12 subsection. The Commission on Government Forecasting and

13 Accountability shall analyze whether adequate additional

14 funding has been provided for the new benefit increase and

15 shall report its analysis to the Public Pension Division of

16 the Department of Insurance. A new benefit increase created by

17 a Public Act that does not include the additional funding

18 required under this subsection is null and void. If the Public

19 Pension Division determines that the additional funding

20 provided for a new benefit increase under this subsection is

21 or has become inadequate, it may so certify to the Governor and

22 the State Comptroller and, in the absence of corrective action

23 by the General Assembly, the new benefit increase shall expire

24 at the end of the fiscal year in which the certification is

25 made.

26 (d) Every new benefit increase shall expire 5 years after

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LRB102 25983 RPS 35383 b

1 its effective date or on such earlier date as may be specified

2 in the language enacting the new benefit increase or provided

3 under subsection (c). This does not prevent the General

4 Assembly from extending or re-creating a new benefit increase

5 by law.

6 (e) Except as otherwise provided in the language creating

7 the new benefit increase, a new benefit increase that expires

8 under this Section continues to apply to persons who applied

9 and qualified for the affected benefit while the new benefit

10 increase was in effect and to the affected beneficiaries and

11 alternate payees of such persons, but does not apply to any

12 other person, including, without limitation, a person who

13 continues in service after the expiration date and did not

14 apply and qualify for the affected benefit while the new

15 benefit increase was in effect.

16 (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;

17 101-610, eff. 1-1-20; 102-210, eff. 7-30-21.)

18 Section 90. The State Mandates Act is amended by adding

19 Section 8.46 as follows:

20 (30 ILCS 805/8.46 new)

21 Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and

22 8 of this Act, no reimbursement by the State is required for

23 the implementation of any mandate created by this amendatory

24 Act of the 102nd General Assembly.

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LRB102 25983 RPS 35383 b

INDEX

Statutes amended in order of appearance