99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0440
 
Introduced 1/28/2015, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:

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

 Amends the State Employee Article of the Illinois Pension Code.
Makes technical changes in a Section relating to the alternative
(State Police) formula.



LRB099 03101 RPS 23109 b


PENSION IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB0440LRB099 03101 RPS 23109 b



1 AN ACT concerning public employee benefits.


2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 


4 Section 5. The Illinois Pension Code is amended by changing 
5Section 14-110 as follows:



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8 (a) Any member who has withdrawn from service with not less 
9than 20
years of eligible creditable service and
and has 
10attained age 55, and any
member who has withdrawn from service 
11with not less than 25 years of
eligible creditable service and 
12has attained age 50, regardless of whether
the attainment of 
13either of the specified ages occurs while the member is
still 
14in service, shall be entitled to receive at the option of the 
15member,
in lieu of the regular or minimum retirement annuity, a 
16retirement annuity
computed as follows:

17  (i) for periods of service as a noncovered employee:
if 
18 retirement occurs on or after January 1, 2001, 3% of final

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


2  (ii) for periods of eligible creditable service as a 
3 covered employee:
if retirement occurs on or after January 
4 1, 2001, 2.5% of final average
compensation for each year 
5 of creditable service; if retirement occurs before
January 
6 1, 2001, 1.67% of final average compensation for each of 
7 the first
10 years of such service, 1.90% for each of the 
8 next 10 years of such service,
2.10% for each year of such 
9 service in excess of 20 but not exceeding 30, and
2.30% for 
10 each year in excess of 30.

11 Such annuity shall be subject to a maximum of 75% of final 
12average
compensation if retirement occurs before January 1, 
132001 or to a maximum
of 80% of final average compensation if 
14retirement occurs on or after January
1, 2001.

15 These rates shall not be applicable to any service 
16performed
by a member as a covered employee which is not 
17eligible creditable service.
Service as a covered employee 
18which is not eligible creditable service
shall be subject to 
19the rates and provisions of Section 14-108.

20 (a-5) Notwithstanding subsection (a) of this Section, for a 
21Tier 1 member who begins receiving a retirement annuity under 
22this Section on or after July 1, 2014, the required retirement 
23age under subsection (a) is increased as follows, based on the 
24Tier 1 member's age on June 1, 2014: 
25  (1) If he or she is at least age 46 on June 1, 2014, 
26 then the required retirement ages under subsection (a) 
 
 
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1 remain unchanged.
2  (2) If he or she is at least age 45 but less than age 46 
3 on June 1, 2014, then the required retirement ages under 
4 subsection (a) are increased by 4 months.
5  (3) If he or she is at least age 44 but less than age 45 
6 on June 1, 2014, then the required retirement ages under 
7 subsection (a) are increased by 8 months.
8  (4) If he or she is at least age 43 but less than age 44 
9 on June 1, 2014, then the required retirement ages under 
10 subsection (a) are increased by 12 months.
11  (5) If he or she is at least age 42 but less than age 43 
12 on June 1, 2014, then the required retirement ages under 
13 subsection (a) are increased by 16 months.
14  (6) If he or she is at least age 41 but less than age 42 
15 on June 1, 2014, then the required retirement ages under 
16 subsection (a) are increased by 20 months.
17  (7) If he or she is at least age 40 but less than age 41 
18 on June 1, 2014, then the required retirement ages under 
19 subsection (a) are increased by 24 months.
20  (8) If he or she is at least age 39 but less than age 40 
21 on June 1, 2014, then the required retirement ages under 
22 subsection (a) are increased by 28 months.
23  (9) If he or she is at least age 38 but less than age 39 
24 on June 1, 2014, then the required retirement ages under 
25 subsection (a) are increased by 32 months.
26  (10) If he or she is at least age 37 but less than age 
 
 
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1 38 on June 1, 2014, then the required retirement ages under 
2 subsection (a) are increased by 36 months.
3  (11) If he or she is at least age 36 but less than age 
4 37 on June 1, 2014, then the required retirement ages under 
5 subsection (a) are increased by 40 months.
6  (12) If he or she is at least age 35 but less than age 
7 36 on June 1, 2014, then the required retirement ages under 
8 subsection (a) are increased by 44 months.
9  (13) If he or she is at least age 34 but less than age 
10 35 on June 1, 2014, then the required retirement ages under 
11 subsection (a) are increased by 48 months.
12  (14) If he or she is at least age 33 but less than age 
13 34 on June 1, 2014, then the required retirement ages under 
14 subsection (a) are increased by 52 months.
15  (15) If he or she is at least age 32 but less than age 
16 33 on June 1, 2014, then the required retirement ages under 
17 subsection (a) are increased by 56 months.
18  (16) If he or she is less than age 32 on June 1, 2014, 
19 then the required retirement ages under subsection (a) are 
20 increased by 60 months.
21 Notwithstanding Section 1-103.1, this subsection (a-5) 
22applies without regard to whether or not the Tier 1 member is 
23in active service under this Article on or after the effective 
24date of this amendatory Act of the 98th General Assembly. 
25 (b) For the purpose of this Section, "eligible creditable 
26service" means
creditable service resulting from service in one 
 
 
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1or more of the following
positions:


2  (1) State policeman;


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


5  (3) air pilot;


6  (4) special agent;


7  (5) investigator for the Secretary of State;


8  (6) conservation police officer;


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


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


13  (9) Central Management Services security police 
14 officer;


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


17  (11) dangerous drugs investigator;


18  (12) investigator for the Department of State Police;


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


21  (14) controlled substance inspector;


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


24  (16) Commerce Commission police officer;


25  (17) arson investigator;


26  (18) State highway maintenance worker.

 
 
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1 A person employed in one of the positions specified in this 
2subsection is
entitled to eligible creditable service for 
3service credit earned under this
Article while undergoing the 
4basic police training course approved by the
Illinois Law 
5Enforcement Training
Standards Board, if
completion of that 
6training is required of persons serving in that position.
For 
7the purposes of this Code, service during the required basic 
8police
training course shall be deemed performance of the 
9duties of the specified
position, even though the person is not 
10a sworn peace officer at the time of
the training.

11 (c) For the purposes of this Section:


12  (1) The term "state policeman" includes any title or 
13 position
in the Department of State Police that is held by 
14 an individual employed
under the State Police Act.


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


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


3  (4) The term "special agent" means any person who by 
4 reason of
employment by the Division of Narcotic Control, 
5 the Bureau of Investigation
or, after July 1, 1977, the 
6 Division of Criminal Investigation, the
Division of 
7 Internal Investigation, the Division of Operations, or any

8 other Division or organizational
entity in the Department 
9 of State Police is vested by law with duties to
maintain 
10 public order, investigate violations of the criminal law of 
11 this
State, enforce the laws of this State, make arrests 
12 and recover property.
The term "special agent" includes any 
13 title or position in the Department
of State Police that is 
14 held by an individual employed under the State
Police Act.


15  (5) The term "investigator for the Secretary of State" 
16 means any person
employed by the Office of the Secretary of 
17 State and vested with such
investigative duties as render 
18 him ineligible for coverage under the Social
Security Act 
19 by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
20 218(l)(1)
of that Act.


21  A person who became employed as an investigator for the 
22 Secretary of
State between January 1, 1967 and December 31, 
23 1975, and who has served as
such until attainment of age 
24 60, either continuously or with a single break
in service 
25 of not more than 3 years duration, which break terminated 
26 before
January 1, 1976, shall be entitled to have his 
 
 
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1 retirement annuity
calculated in accordance with 
2 subsection (a), notwithstanding
that he has less than 20 
3 years of credit for such service.


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

8 under the Social Security Act by reason of Sections 
9 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The 
10 term "Conservation Police Officer" includes
the positions 
11 of Chief Conservation Police Administrator and Assistant

12 Conservation Police Administrator.


13  (7) The term "investigator for the Department of 
14 Revenue" means any
person employed by the Department of 
15 Revenue and vested with such
investigative duties as render 
16 him ineligible for coverage under the Social
Security Act 
17 by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
18 218(l)(1)
of that Act.

19  The term "investigator for the Illinois Gaming Board" 
20 means any
person employed as such by the Illinois Gaming 
21 Board and vested with such
peace officer duties as render 
22 the person 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  (8) The term "security employee of the Department of 
26 Human Services"
means any person employed by the Department 
 
 
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1 of Human Services who (i) is
employed at the Chester Mental 
2 Health Center and has daily contact with the
residents 
3 thereof, (ii) is employed within a security unit at a 
4 facility
operated by the Department and has daily contact 
5 with the residents of the
security unit, (iii) is employed 
6 at a facility operated by the Department
that includes a 
7 security unit and is regularly scheduled to work at least

8 50% of his or her working hours within that security unit, 
9 or (iv) is a mental health police officer.
"Mental health 
10 police officer" means any person employed by the Department 
11 of
Human Services in a position pertaining to the 
12 Department's mental health and
developmental disabilities 
13 functions who is vested with such law enforcement
duties as 
14 render the person ineligible for coverage under the Social 
15 Security
Act by reason of Sections 218(d)(5)(A), 
16 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" 
17 means that portion of a facility that is devoted to
the 
18 care, containment, and treatment of persons committed to 
19 the Department of
Human Services as sexually violent 
20 persons, persons unfit to stand trial, or
persons not 
21 guilty by reason of insanity. With respect to past 
22 employment,
references to the Department of Human Services 
23 include its predecessor, the
Department of Mental Health 
24 and Developmental Disabilities.


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


2  (9) "Central Management Services security police 
3 officer" means any
person employed by the Department of 
4 Central Management Services who is
vested with such law 
5 enforcement duties as render him ineligible for
coverage 
6 under the Social Security Act by reason of Sections 
7 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.


8  (10) For a member who first became an employee under 
9 this Article before July 1, 2005, the term "security 
10 employee of the Department of Corrections or the Department 
11 of Juvenile Justice"
means any employee of the Department 
12 of Corrections or the Department of Juvenile Justice or the 
13 former
Department of Personnel, and any member or employee 
14 of the Prisoner
Review Board, who has daily contact with 
15 inmates or youth by working within a
correctional facility 
16 or Juvenile facility operated by the Department of Juvenile 
17 Justice or who is a parole officer or an employee who has

18 direct contact with committed persons in the performance of 
19 his or her
job duties. For a member who first becomes an 
20 employee under this Article on or after July 1, 2005, the 
21 term means an employee of the Department of Corrections or 
22 the Department of Juvenile Justice who is any of the 
23 following: (i) officially headquartered at a correctional 
24 facility or Juvenile facility operated by the Department of 
25 Juvenile Justice, (ii) a parole officer, (iii) a member of 
26 the apprehension unit, (iv) a member of the intelligence 
 
 
SB0440- 11 -LRB099 03101 RPS 23109 b


1 unit, (v) a member of the sort team, or (vi) an 
2 investigator.


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


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

11 Social Security Act by reason of Sections 218(d)(5)(A), 
12 218(d)(8)(D) and
218(l)(1) of that Act.


13  (13) "Investigator for the Office of the Attorney 
14 General" means any
person who is employed as such by the 
15 Office of the Attorney General and
is vested with such 
16 investigative duties as render him ineligible for
coverage 
17 under the Social Security Act by reason of Sections 
18 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For 
19 the period before January 1,
1989, the term includes all 
20 persons who were employed as investigators by the
Office of 
21 the Attorney General, without regard to social security 
22 status.


23  (14) "Controlled substance inspector" means any person 
24 who is employed
as such by the Department of Professional 
25 Regulation and is vested with such
law enforcement duties 
26 as render him 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. The term 
3 "controlled substance inspector" includes the Program

4 Executive of Enforcement and the Assistant Program 
5 Executive of Enforcement.


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

10 Appellate Prosecutor's Act.


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

16 218(l)(1) of that Act.


17  (17) "Arson investigator" means any person who is 
18 employed as such by
the Office of the State Fire Marshal 
19 and is vested with such law enforcement
duties as render 
20 the person ineligible for coverage under the Social 
21 Security
Act by reason of Sections 218(d)(5)(A), 
22 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was 
23 employed as an arson
investigator on January 1, 1995 and is 
24 no longer in service but not yet
receiving a retirement 
25 annuity may convert his or her creditable service for

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


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


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


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

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

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

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

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

6 (d) A security employee of the Department of Corrections or 
7the Department of Juvenile Justice, and a security
employee of 
8the Department of Human Services who is not a mental health 
9police
officer, shall not be eligible for the alternative 
10retirement annuity provided
by this Section unless he or she 
11meets the following minimum age and service
requirements at the 
12time of retirement:


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


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


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


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


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


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

4 For members to whom subsection (a-5) of this Section 
5applies, the references to age 50 and 55 in item (vi) of this 
6subsection are increased as provided in subsection (a-5). 
7 Persons who have service credit under Article 16 of this 
8Code for service
as a security employee of the Department of 
9Corrections or the Department of Juvenile Justice, or the 
10Department
of Human Services in a position requiring 
11certification as a teacher may
count such service toward 
12establishing their eligibility under the service
requirements 
13of this Section; but such service may be used only for

14establishing such eligibility, and not for the purpose of 
15increasing or
calculating any benefit.

16 (e) If a member enters military service while working in a 
17position in
which eligible creditable service may be earned, 
18and returns to State
service in the same or another such 
19position, and fulfills in all other
respects the conditions 
20prescribed in this Article for credit for military
service, 
21such military service shall be credited as eligible creditable

22service for the purposes of the retirement annuity prescribed 
23in this Section.

24 (f) For purposes of calculating retirement annuities under 
25this
Section, periods of service rendered after December 31, 
261968 and before
October 1, 1975 as a covered employee in the 
 
 
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1position of special agent,
conservation police officer, mental 
2health police officer, or investigator
for the Secretary of 
3State, shall be deemed to have been service as a
noncovered 
4employee, provided that the employee pays to the System prior 
5to
retirement an amount equal to (1) the difference between the 
6employee
contributions that would have been required for such 
7service as a
noncovered employee, and the amount of employee 
8contributions actually
paid, plus (2) if payment is made after 
9July 31, 1987, regular interest
on the amount specified in item 
10(1) from the date of service to the date
of payment.

11 For purposes of calculating retirement annuities under 
12this Section,
periods of service rendered after December 31, 
131968 and before January 1,
1982 as a covered employee in the 
14position of investigator for the
Department of Revenue shall be 
15deemed to have been service as a noncovered
employee, provided 
16that the employee pays to the System prior to retirement
an 
17amount equal to (1) the difference between the employee 
18contributions
that would have been required for such service as 
19a noncovered employee,
and the amount of employee contributions 
20actually paid, plus (2) if payment
is made after January 1, 
211990, regular interest on the amount specified in
item (1) from 
22the date of service to the date of payment.

23 (g) A State policeman may elect, not later than January 1, 
241990, to
establish eligible creditable service for up to 10 
25years of his service as
a policeman under Article 3, by filing 
26a written election with the Board,
accompanied by payment of an 
 
 
SB0440- 17 -LRB099 03101 RPS 23109 b


1amount to be determined by the Board, equal to
(i) the 
2difference between the amount of employee and employer

3contributions transferred to the System under Section 3-110.5, 
4and the
amounts that would have been contributed had such 
5contributions been made
at the rates applicable to State 
6policemen, plus (ii) interest thereon at
the effective rate for 
7each year, compounded annually, from the date of
service to the 
8date of payment.

9 Subject to the limitation in subsection (i), a State 
10policeman may elect,
not later than July 1, 1993, to establish 
11eligible creditable service for
up to 10 years of his service 
12as a member of the County Police Department
under Article 9, by 
13filing a written election with the Board, accompanied
by 
14payment of an amount to be determined by the Board, equal to 
15(i) the
difference between the amount of employee and employer 
16contributions
transferred to the System under Section 9-121.10 
17and the amounts that would
have been contributed had those 
18contributions been made at the rates
applicable to State 
19policemen, plus (ii) interest thereon at the effective
rate for 
20each year, compounded annually, from the date of service to the

21date of payment.

22 (h) Subject to the limitation in subsection (i), a State 
23policeman or
investigator for the Secretary of State may elect 
24to establish eligible
creditable service for up to 12 years of 
25his service as a policeman under
Article 5, by filing a written 
26election with the Board on or before January
31, 1992, and 
 
 
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1paying to the System by January 31, 1994 an amount to be

2determined by the Board, equal to (i) the difference between 
3the amount of
employee and employer contributions transferred 
4to the System under Section
5-236, and the amounts that would 
5have been contributed had such
contributions been made at the 
6rates applicable to State policemen, plus
(ii) interest thereon 
7at the effective rate for each year, compounded
annually, from 
8the date of service to the date of payment.

9 Subject to the limitation in subsection (i), a State 
10policeman,
conservation police officer, or investigator for 
11the Secretary of State may
elect to establish eligible 
12creditable service for up to 10 years of
service as a sheriff's 
13law enforcement employee under Article 7, by filing
a written 
14election with the Board on or before January 31, 1993, and 
15paying
to the System by January 31, 1994 an amount to be 
16determined by the Board,
equal to (i) the difference between 
17the amount of employee and
employer contributions transferred 
18to the System under Section
7-139.7, and the amounts that would 
19have been contributed had such
contributions been made at the 
20rates applicable to State policemen, plus
(ii) interest thereon 
21at the effective rate for each year, compounded
annually, from 
22the date of service to the date of payment.

23 Subject to the limitation in subsection (i), a State 
24policeman,
conservation police officer, or investigator for 
25the Secretary of State may
elect to establish eligible 
26creditable service for up to 5 years of
service as a police 
 
 
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1officer under Article 3, a policeman under Article 5, a 
2sheriff's law enforcement employee under Article 7, a member of 
3the county police department under Article 9, or a police 
4officer under Article 15 by filing
a written election with the 
5Board and paying
to the System an amount to be determined by 
6the Board,
equal to (i) the difference between the amount of 
7employee and
employer contributions transferred to the System 
8under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 
9and the amounts that would have been contributed had such

10contributions been made at the rates applicable to State 
11policemen, plus
(ii) interest thereon at the effective rate for 
12each year, compounded
annually, from the date of service to the 
13date of payment.
14 Subject to the limitation in subsection (i), an 
15investigator for the Office of the Attorney General, or an 
16investigator for the Department of Revenue, may elect to 
17establish eligible creditable service for up to 5 years of 
18service as a police officer under Article 3, a policeman under 
19Article 5, a sheriff's law enforcement employee under Article 
207, or a member of the county police department under Article 9 
21by filing a written election with the Board within 6 months 
22after August 25, 2009 (the effective date of Public Act 96-745) 
23and paying to the System an amount to be determined by the 
24Board, equal to (i) the difference between the amount of 
25employee and employer contributions transferred to the System 
26under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the 
 
 
SB0440- 20 -LRB099 03101 RPS 23109 b


1amounts that would have been contributed had such contributions 
2been made at the rates applicable to State policemen, plus (ii) 
3interest thereon at the actuarially assumed rate for each year, 
4compounded annually, from the date of service to the date of 
5payment.
6 Subject to the limitation in subsection (i), a State 
7policeman, conservation police officer, investigator for the 
8Office of the Attorney General, an investigator for the 
9Department of Revenue, or investigator for the Secretary of 
10State may elect to establish eligible creditable service for up 
11to 5 years of service as a person employed by a participating 
12municipality to perform police duties, or law enforcement 
13officer employed on a full-time basis by a forest preserve 
14district under Article 7, a county corrections officer, or a 
15court services officer under Article 9, by filing a written 
16election with the Board within 6 months after August 25, 2009 
17(the effective date of Public Act 96-745) and paying to the 
18System an amount to be determined by the Board, equal to (i) 
19the difference between the amount of employee and employer 
20contributions transferred to the System under Sections 7-139.8 
21and 9-121.10 and the amounts that would have been contributed 
22had such contributions been made at the rates applicable to 
23State policemen, plus (ii) interest thereon at the actuarially 
24assumed rate for each year, compounded annually, from the date 
25of service to the date of payment.
26 (i) The total amount of eligible creditable service 
 
 
SB0440- 21 -LRB099 03101 RPS 23109 b


1established by any
person under subsections (g), (h), (j), (k), 
2and (l) of this
Section shall not exceed 12 years.

3 (j) Subject to the limitation in subsection (i), an 
4investigator for
the Office of the State's Attorneys Appellate 
5Prosecutor or a controlled
substance inspector may elect to

6establish eligible creditable service for up to 10 years of his 
7service as
a policeman under Article 3 or a sheriff's law 
8enforcement employee under
Article 7, by filing a written 
9election with the Board, accompanied by
payment of an amount to 
10be determined by the Board, equal to (1) the
difference between 
11the amount of employee and employer contributions
transferred 
12to the System under Section 3-110.6 or 7-139.8, and the amounts

13that would have been contributed had such contributions been 
14made at the
rates applicable to State policemen, plus (2) 
15interest thereon at the
effective rate for each year, 
16compounded annually, from the date of service
to the date of 
17payment.

18 (k) Subject to the limitation in subsection (i) of this 
19Section, an
alternative formula employee may elect to establish 
20eligible creditable
service for periods spent as a full-time 
21law enforcement officer or full-time
corrections officer 
22employed by the federal government or by a state or local

23government located outside of Illinois, for which credit is not 
24held in any
other public employee pension fund or retirement 
25system. To obtain this
credit, the applicant must file a 
26written application with the Board by March
31, 1998, 
 
 
SB0440- 22 -LRB099 03101 RPS 23109 b


1accompanied by evidence of eligibility acceptable to the Board 
2and
payment of an amount to be determined by the Board, equal 
3to (1) employee
contributions for the credit being established, 
4based upon the applicant's
salary on the first day as an 
5alternative formula employee after the employment
for which 
6credit is being established and the rates then applicable to

7alternative formula employees, plus (2) an amount determined by 
8the Board
to be the employer's normal cost of the benefits 
9accrued for the credit being
established, plus (3) regular 
10interest on the amounts in items (1) and (2) from
the first day 
11as an alternative formula employee after the employment for 
12which
credit is being established to the date of payment.

13 (l) Subject to the limitation in subsection (i), a security 
14employee of
the Department of Corrections may elect, not later 
15than July 1, 1998, to
establish eligible creditable service for 
16up to 10 years of his or her service
as a policeman under 
17Article 3, by filing a written election with the Board,

18accompanied by payment of an amount to be determined by the 
19Board, equal to
(i) the difference between the amount of 
20employee and employer contributions
transferred to the System 
21under Section 3-110.5, and the amounts that would
have been 
22contributed had such contributions been made at the rates 
23applicable
to security employees of the Department of 
24Corrections, plus (ii) interest
thereon at the effective rate 
25for each year, compounded annually, from the date
of service to 
26the date of payment.

 
 
SB0440- 23 -LRB099 03101 RPS 23109 b


1 (m) The amendatory changes to this Section made by this 
2amendatory Act of the 94th General Assembly apply only to: (1) 
3security employees of the Department of Juvenile Justice 
4employed by the Department of Corrections before the effective 
5date of this amendatory Act of the 94th General Assembly and 
6transferred to the Department of Juvenile Justice by this 
7amendatory Act of the 94th General Assembly; and (2) persons 
8employed by the Department of Juvenile Justice on or after the 
9effective date of this amendatory Act of the 94th General 
10Assembly who are required by subsection (b) of Section 3-2.5-15 
11of the Unified Code of Corrections to have a bachelor's or 
12advanced degree from an accredited college or university with a 
13specialization in criminal justice, education, psychology, 
14social work, or a closely related social science or, in the 
15case of persons who provide vocational training, who are 
16required to have adequate knowledge in the skill for which they 
17are providing the vocational training.

18 (n) A person employed in a position under subsection (b) of 
19this Section who has purchased service credit under subsection 
20(j) of Section 14-104 or subsection (b) of Section 14-105 in 
21any other capacity under this Article may convert up to 5 years 
22of that service credit into service credit covered under this 
23Section by paying to the Fund an amount equal to (1) the 
24additional employee contribution required under Section 
2514-133, plus (2) the additional employer contribution required 
26under Section 14-131, plus (3) interest on items (1) and (2) at 
 
 
SB0440- 24 -LRB099 03101 RPS 23109 b


1the actuarially assumed rate from the date of the service to 
2the date of payment. 
3(Source: P.A. 98-599, eff. 6-1-14.)