Bill Text: IL SB2467 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the General Provisions and State Employee Articles of the Illinois Pension Code. Provides that the alternative retirement annuity under the State Employee Article applies to a security employee of the Department of Human Services subject to the Tier 2 provisions. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions may convert up to 8 years of service credit established before the effective date of the amendatory Act as a security employee of the Department of Human Services under the State Employee Article into eligible creditable service by filing a written election with the Board under that Article, accompanied by a specified payment. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2021-01-13 - Session Sine Die [SB2467 Detail]

Download: Illinois-2019-SB2467-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2467

Introduced 1/19/2020, by Sen. Paul Schimpf

SYNOPSIS AS INTRODUCED:
40 ILCS 5/1-160
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
40 ILCS 5/14-152.1

Amends the General Provisions and State Employee Articles of the Illinois Pension Code. Provides that the alternative retirement annuity under the State Employee Article applies to a security employee of the Department of Human Services subject to the Tier 2 provisions. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions may convert up to 8 years of service credit established before the effective date of the amendatory Act as a security employee of the Department of Human Services under the State Employee Article into eligible creditable service by filing a written election with the Board under that Article, accompanied by a specified payment. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective immediately.
LRB101 16785 RPS 66178 b
FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

SB2467LRB101 16785 RPS 66178 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
5Sections 1-160, 14-110, and 14-152.1 as follows:
6 (40 ILCS 5/1-160)
7 Sec. 1-160. Provisions applicable to new hires.
8 (a) The provisions of this Section apply to a person who,
9on or after January 1, 2011, first becomes a member or a
10participant under any reciprocal retirement system or pension
11fund established under this Code, other than a retirement
12system or pension fund established under Article 2, 3, 4, 5, 6,
1315 or 18 of this Code, notwithstanding any other provision of
14this Code to the contrary, but do not apply to any self-managed
15plan established under this Code, to any person with respect to
16service as a sheriff's law enforcement employee under Article
177, or to any participant of the retirement plan established
18under Section 22-101. Notwithstanding anything to the contrary
19in this Section, for purposes of this Section, a person who
20participated in a retirement system under Article 15 prior to
21January 1, 2011 shall be deemed a person who first became a
22member or participant prior to January 1, 2011 under any
23retirement system or pension fund subject to this Section. The

SB2467- 2 -LRB101 16785 RPS 66178 b
1changes made to this Section by Public Act 98-596 are a
2clarification of existing law and are intended to be
3retroactive to January 1, 2011 (the effective date of Public
4Act 96-889), notwithstanding the provisions of Section 1-103.1
5of this Code.
6 This Section does not apply to a person who first becomes a
7noncovered employee under Article 14 on or after the
8implementation date of the plan created under Section 1-161 for
9that Article, unless that person elects under subsection (b) of
10Section 1-161 to instead receive the benefits provided under
11this Section and the applicable provisions of that Article.
12 This Section does not apply to a person who first becomes a
13member or participant under Article 16 on or after the
14implementation date of the plan created under Section 1-161 for
15that Article, unless that person elects under subsection (b) of
16Section 1-161 to instead receive the benefits provided under
17this Section and the applicable provisions of that Article.
18 This Section does not apply to a person who elects under
19subsection (c-5) of Section 1-161 to receive the benefits under
20Section 1-161.
21 This Section does not apply to a person who first becomes a
22member or participant of an affected pension fund on or after 6
23months after the resolution or ordinance date, as defined in
24Section 1-162, unless that person elects under subsection (c)
25of Section 1-162 to receive the benefits provided under this
26Section and the applicable provisions of the Article under

SB2467- 3 -LRB101 16785 RPS 66178 b
1which he or she is a member or participant.
2 (b) "Final average salary" means the average monthly (or
3annual) salary obtained by dividing the total salary or
4earnings calculated under the Article applicable to the member
5or participant during the 96 consecutive months (or 8
6consecutive years) of service within the last 120 months (or 10
7years) of service in which the total salary or earnings
8calculated under the applicable Article was the highest by the
9number of months (or years) of service in that period. For the
10purposes of a person who first becomes a member or participant
11of any retirement system or pension fund to which this Section
12applies on or after January 1, 2011, in this Code, "final
13average salary" shall be substituted for the following:
14 (1) In Article 7 (except for service as sheriff's law
15 enforcement employees), "final rate of earnings".
16 (2) In Articles 8, 9, 10, 11, and 12, "highest average
17 annual salary for any 4 consecutive years within the last
18 10 years of service immediately preceding the date of
19 withdrawal".
20 (3) In Article 13, "average final salary".
21 (4) In Article 14, "final average compensation".
22 (5) In Article 17, "average salary".
23 (6) In Section 22-207, "wages or salary received by him
24 at the date of retirement or discharge".
25 (b-5) Beginning on January 1, 2011, for all purposes under
26this Code (including without limitation the calculation of

SB2467- 4 -LRB101 16785 RPS 66178 b
1benefits and employee contributions), the annual earnings,
2salary, or wages (based on the plan year) of a member or
3participant to whom this Section applies shall not exceed
4$106,800; however, that amount shall annually thereafter be
5increased by the lesser of (i) 3% of that amount, including all
6previous adjustments, or (ii) one-half the annual unadjusted
7percentage increase (but not less than zero) in the consumer
8price index-u for the 12 months ending with the September
9preceding each November 1, including all previous adjustments.
10 For the purposes of this Section, "consumer price index-u"
11means the index published by the Bureau of Labor Statistics of
12the United States Department of Labor that measures the average
13change in prices of goods and services purchased by all urban
14consumers, United States city average, all items, 1982-84 =
15100. The new amount resulting from each annual adjustment shall
16be determined by the Public Pension Division of the Department
17of Insurance and made available to the boards of the retirement
18systems and pension funds by November 1 of each year.
19 (c) A member or participant is entitled to a retirement
20annuity upon written application if he or she has attained age
2167 (beginning January 1, 2015, age 65 with respect to service
22under Article 12 of this Code that is subject to this Section)
23and has at least 10 years of service credit and is otherwise
24eligible under the requirements of the applicable Article.
25 A member or participant who has attained age 62 (beginning
26January 1, 2015, age 60 with respect to service under Article

SB2467- 5 -LRB101 16785 RPS 66178 b
112 of this Code that is subject to this Section) and has at
2least 10 years of service credit and is otherwise eligible
3under the requirements of the applicable Article may elect to
4receive the lower retirement annuity provided in subsection (d)
5of this Section.
6 (c-5) A person who first becomes a member or a participant
7subject to this Section on or after July 6, 2017 (the effective
8date of Public Act 100-23), notwithstanding any other provision
9of this Code to the contrary, is entitled to a retirement
10annuity under Article 8 or Article 11 upon written application
11if he or she has attained age 65 and has at least 10 years of
12service credit and is otherwise eligible under the requirements
13of Article 8 or Article 11 of this Code, whichever is
14applicable.
15 (d) The retirement annuity of a member or participant who
16is retiring after attaining age 62 (beginning January 1, 2015,
17age 60 with respect to service under Article 12 of this Code
18that is subject to this Section) with at least 10 years of
19service credit shall be reduced by one-half of 1% for each full
20month that the member's age is under age 67 (beginning January
211, 2015, age 65 with respect to service under Article 12 of
22this Code that is subject to this Section).
23 (d-5) The retirement annuity payable under Article 8 or
24Article 11 to an eligible person subject to subsection (c-5) of
25this Section who is retiring at age 60 with at least 10 years
26of service credit shall be reduced by one-half of 1% for each

SB2467- 6 -LRB101 16785 RPS 66178 b
1full month that the member's age is under age 65.
2 (d-10) Each person who first became a member or participant
3under Article 8 or Article 11 of this Code on or after January
41, 2011 and prior to the effective date of this amendatory Act
5of the 100th General Assembly shall make an irrevocable
6election either:
7 (i) to be eligible for the reduced retirement age
8 provided in subsections (c-5) and (d-5) of this Section,
9 the eligibility for which is conditioned upon the member or
10 participant agreeing to the increases in employee
11 contributions for age and service annuities provided in
12 subsection (a-5) of Section 8-174 of this Code (for service
13 under Article 8) or subsection (a-5) of Section 11-170 of
14 this Code (for service under Article 11); or
15 (ii) to not agree to item (i) of this subsection
16 (d-10), in which case the member or participant shall
17 continue to be subject to the retirement age provisions in
18 subsections (c) and (d) of this Section and the employee
19 contributions for age and service annuity as provided in
20 subsection (a) of Section 8-174 of this Code (for service
21 under Article 8) or subsection (a) of Section 11-170 of
22 this Code (for service under Article 11).
23 The election provided for in this subsection shall be made
24between October 1, 2017 and November 15, 2017. A person subject
25to this subsection who makes the required election shall remain
26bound by that election. A person subject to this subsection who

SB2467- 7 -LRB101 16785 RPS 66178 b
1fails for any reason to make the required election within the
2time specified in this subsection shall be deemed to have made
3the election under item (ii).
4 (e) Any retirement annuity or supplemental annuity shall be
5subject to annual increases on the January 1 occurring either
6on or after the attainment of age 67 (beginning January 1,
72015, age 65 with respect to service under Article 12 of this
8Code that is subject to this Section and beginning on the
9effective date of this amendatory Act of the 100th General
10Assembly, age 65 with respect to service under Article 8 or
11Article 11 for eligible persons who: (i) are subject to
12subsection (c-5) of this Section; or (ii) made the election
13under item (i) of subsection (d-10) of this Section) or the
14first anniversary of the annuity start date, whichever is
15later. Each annual increase shall be calculated at 3% or
16one-half the annual unadjusted percentage increase (but not
17less than zero) in the consumer price index-u for the 12 months
18ending with the September preceding each November 1, whichever
19is less, of the originally granted retirement annuity. If the
20annual unadjusted percentage change in the consumer price
21index-u for the 12 months ending with the September preceding
22each November 1 is zero or there is a decrease, then the
23annuity shall not be increased.
24 For the purposes of Section 1-103.1 of this Code, the
25changes made to this Section by this amendatory Act of the
26100th General Assembly are applicable without regard to whether

SB2467- 8 -LRB101 16785 RPS 66178 b
1the employee was in active service on or after the effective
2date of this amendatory Act of the 100th General Assembly.
3 (f) The initial survivor's or widow's annuity of an
4otherwise eligible survivor or widow of a retired member or
5participant who first became a member or participant on or
6after January 1, 2011 shall be in the amount of 66 2/3% of the
7retired member's or participant's retirement annuity at the
8date of death. In the case of the death of a member or
9participant who has not retired and who first became a member
10or participant on or after January 1, 2011, eligibility for a
11survivor's or widow's annuity shall be determined by the
12applicable Article of this Code. The initial benefit shall be
1366 2/3% of the earned annuity without a reduction due to age. A
14child's annuity of an otherwise eligible child shall be in the
15amount prescribed under each Article if applicable. Any
16survivor's or widow's annuity shall be increased (1) on each
17January 1 occurring on or after the commencement of the annuity
18if the deceased member died while receiving a retirement
19annuity or (2) in other cases, on each January 1 occurring
20after the first anniversary of the commencement of the annuity.
21Each annual increase shall be calculated at 3% or one-half the
22annual unadjusted percentage increase (but not less than zero)
23in the consumer price index-u for the 12 months ending with the
24September preceding each November 1, whichever is less, of the
25originally granted survivor's annuity. If the annual
26unadjusted percentage change in the consumer price index-u for

SB2467- 9 -LRB101 16785 RPS 66178 b
1the 12 months ending with the September preceding each November
21 is zero or there is a decrease, then the annuity shall not be
3increased.
4 (g) The benefits in Section 14-110 apply only if the person
5is a State policeman, a fire fighter in the fire protection
6service of a department, a conservation police officer, an
7investigator for the Secretary of State, an arson investigator,
8a Commerce Commission police officer, investigator for the
9Department of Revenue or the Illinois Gaming Board, a security
10employee of the Department of Corrections or the Department of
11Juvenile Justice, a security employee of the Department of
12Human Services, or a security employee of the Department of
13Innovation and Technology, as those terms are defined in
14subsection (b) and subsection (c) of Section 14-110. A person
15who meets the requirements of this Section is entitled to an
16annuity calculated under the provisions of Section 14-110, in
17lieu of the regular or minimum retirement annuity, only if the
18person has withdrawn from service with not less than 20 years
19of eligible creditable service and has attained age 60,
20regardless of whether the attainment of age 60 occurs while the
21person is still in service.
22 (h) If a person who first becomes a member or a participant
23of a retirement system or pension fund subject to this Section
24on or after January 1, 2011 is receiving a retirement annuity
25or retirement pension under that system or fund and becomes a
26member or participant under any other system or fund created by

SB2467- 10 -LRB101 16785 RPS 66178 b
1this Code and is employed on a full-time basis, except for
2those members or participants exempted from the provisions of
3this Section under subsection (a) of this Section, then the
4person's retirement annuity or retirement pension under that
5system or fund shall be suspended during that employment. Upon
6termination of that employment, the person's retirement
7annuity or retirement pension payments shall resume and be
8recalculated if recalculation is provided for under the
9applicable Article of this Code.
10 If a person who first becomes a member of a retirement
11system or pension fund subject to this Section on or after
12January 1, 2012 and is receiving a retirement annuity or
13retirement pension under that system or fund and accepts on a
14contractual basis a position to provide services to a
15governmental entity from which he or she has retired, then that
16person's annuity or retirement pension earned as an active
17employee of the employer shall be suspended during that
18contractual service. A person receiving an annuity or
19retirement pension under this Code shall notify the pension
20fund or retirement system from which he or she is receiving an
21annuity or retirement pension, as well as his or her
22contractual employer, of his or her retirement status before
23accepting contractual employment. A person who fails to submit
24such notification shall be guilty of a Class A misdemeanor and
25required to pay a fine of $1,000. Upon termination of that
26contractual employment, the person's retirement annuity or

SB2467- 11 -LRB101 16785 RPS 66178 b
1retirement pension payments shall resume and, if appropriate,
2be recalculated under the applicable provisions of this Code.
3 (i) (Blank).
4 (j) In the case of a conflict between the provisions of
5this Section and any other provision of this Code, the
6provisions of this Section shall control.
7(Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17;
8100-563, eff. 12-8-17; 100-611, eff. 7-20-18; 100-1166, eff.
91-4-19; 101-610, eff. 1-1-20.)
10 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
11 Sec. 14-110. Alternative retirement annuity.
12 (a) Any member who has withdrawn from service with not less
13than 20 years of eligible creditable service and has attained
14age 55, and any member who has withdrawn from service with not
15less than 25 years of eligible creditable service and has
16attained age 50, regardless of whether the attainment of either
17of the specified ages occurs while the member is still in
18service, shall be entitled to receive at the option of the
19member, in lieu of the regular or minimum retirement annuity, a
20retirement annuity computed as follows:
21 (i) for periods of service as a noncovered employee: if
22 retirement occurs on or after January 1, 2001, 3% of final
23 average compensation for each year of creditable service;
24 if retirement occurs before January 1, 2001, 2 1/4% of
25 final average compensation for each of the first 10 years

SB2467- 12 -LRB101 16785 RPS 66178 b
1 of creditable service, 2 1/2% for each year above 10 years
2 to and including 20 years of creditable service, and 2 3/4%
3 for each year of creditable service above 20 years; and
4 (ii) for periods of eligible creditable service as a
5 covered employee: if retirement occurs on or after January
6 1, 2001, 2.5% of final average compensation for each year
7 of creditable service; if retirement occurs before January
8 1, 2001, 1.67% of final average compensation for each of
9 the first 10 years of such service, 1.90% for each of the
10 next 10 years of such service, 2.10% for each year of such
11 service in excess of 20 but not exceeding 30, and 2.30% for
12 each year in excess of 30.
13 Such annuity shall be subject to a maximum of 75% of final
14average compensation if retirement occurs before January 1,
152001 or to a maximum of 80% of final average compensation if
16retirement occurs on or after January 1, 2001.
17 These rates shall not be applicable to any service
18performed by a member as a covered employee which is not
19eligible creditable service. Service as a covered employee
20which is not eligible creditable service shall be subject to
21the rates and provisions of Section 14-108.
22 (b) For the purpose of this Section, "eligible creditable
23service" means creditable service resulting from service in one
24or more of the following positions:
25 (1) State policeman;
26 (2) fire fighter in the fire protection service of a

SB2467- 13 -LRB101 16785 RPS 66178 b
1 department;
2 (3) air pilot;
3 (4) special agent;
4 (5) investigator for the Secretary of State;
5 (6) conservation police officer;
6 (7) investigator for the Department of Revenue or the
7 Illinois Gaming Board;
8 (8) security employee of the Department of Human
9 Services;
10 (9) Central Management Services security police
11 officer;
12 (10) security employee of the Department of
13 Corrections or the Department of Juvenile Justice;
14 (11) dangerous drugs investigator;
15 (12) investigator for the Department of State Police;
16 (13) investigator for the Office of the Attorney
17 General;
18 (14) controlled substance inspector;
19 (15) investigator for the Office of the State's
20 Attorneys Appellate Prosecutor;
21 (16) Commerce Commission police officer;
22 (17) arson investigator;
23 (18) State highway maintenance worker;
24 (19) security employee of the Department of Innovation
25 and Technology; or
26 (20) transferred employee.

SB2467- 14 -LRB101 16785 RPS 66178 b
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 A person under paragraph (20) is entitled to eligible
12creditable service for service credit earned under this Article
13on and after his or her transfer by Executive Order No.
142003-10, Executive Order No. 2004-2, or Executive Order No.
152016-1.
16 (c) For the purposes of this Section:
17 (1) The term "State policeman" includes any title or
18 position in the Department of State Police that is held by
19 an individual employed under the State Police Act.
20 (2) The term "fire fighter in the fire protection
21 service of a department" includes all officers in such fire
22 protection service including fire chiefs and assistant
23 fire chiefs.
24 (3) The term "air pilot" includes any employee whose
25 official job description on file in the Department of
26 Central Management Services, or in the department by which

SB2467- 15 -LRB101 16785 RPS 66178 b
1 he is employed if that department is not covered by the
2 Personnel Code, states that his principal duty is the
3 operation of aircraft, and who possesses a pilot's license;
4 however, the change in this definition made by this
5 amendatory Act of 1983 shall not operate to exclude any
6 noncovered employee who was an "air pilot" for the purposes
7 of this Section on January 1, 1984.
8 (4) The term "special agent" means any person who by
9 reason of employment by the Division of Narcotic Control,
10 the Bureau of Investigation or, after July 1, 1977, the
11 Division of Criminal Investigation, the Division of
12 Internal Investigation, the Division of Operations, or any
13 other Division or organizational entity in the Department
14 of State Police is vested by law with duties to maintain
15 public order, investigate violations of the criminal law of
16 this State, enforce the laws of this State, make arrests
17 and recover property. The term "special agent" includes any
18 title or position in the Department of State Police that is
19 held by an individual employed under the State Police Act.
20 (5) The term "investigator for the Secretary of State"
21 means any person employed by the Office of the Secretary of
22 State and vested with such investigative duties as render
23 him ineligible for coverage under the Social Security Act
24 by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
25 218(l)(1) of that Act.
26 A person who became employed as an investigator for the

SB2467- 16 -LRB101 16785 RPS 66178 b
1 Secretary of State between January 1, 1967 and December 31,
2 1975, and who has served as such until attainment of age
3 60, either continuously or with a single break in service
4 of not more than 3 years duration, which break terminated
5 before January 1, 1976, shall be entitled to have his
6 retirement annuity calculated in accordance with
7 subsection (a), notwithstanding that he has less than 20
8 years of credit for such service.
9 (6) The term "Conservation Police Officer" means any
10 person employed by the Division of Law Enforcement of the
11 Department of Natural Resources and vested with such law
12 enforcement duties as render him ineligible for coverage
13 under the Social Security Act by reason of Sections
14 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
15 term "Conservation Police Officer" includes the positions
16 of Chief Conservation Police Administrator and Assistant
17 Conservation Police Administrator.
18 (7) The term "investigator for the Department of
19 Revenue" means any person employed by the Department of
20 Revenue and vested with such investigative duties as render
21 him ineligible for coverage under the Social Security Act
22 by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
23 218(l)(1) of that Act.
24 The term "investigator for the Illinois Gaming Board"
25 means any person employed as such by the Illinois Gaming
26 Board and vested with such peace officer duties as render

SB2467- 17 -LRB101 16785 RPS 66178 b
1 the person ineligible for coverage under the Social
2 Security Act by reason of Sections 218(d)(5)(A),
3 218(d)(8)(D), and 218(l)(1) of that Act.
4 (8) The term "security employee of the Department of
5 Human Services" means any person employed by the Department
6 of Human Services who (i) is employed at the Chester Mental
7 Health Center and has daily contact with the residents
8 thereof, (ii) is employed within a security unit at a
9 facility operated by the Department and has daily contact
10 with the residents of the security unit, (iii) is employed
11 at a facility operated by the Department that includes a
12 security unit and is regularly scheduled to work at least
13 50% of his or her working hours within that security unit,
14 or (iv) is a mental health police officer. "Mental health
15 police officer" means any person employed by the Department
16 of Human Services in a position pertaining to the
17 Department's mental health and developmental disabilities
18 functions who is vested with such law enforcement duties as
19 render the person ineligible for coverage under the Social
20 Security Act by reason of Sections 218(d)(5)(A),
21 218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
22 means that portion of a facility that is devoted to the
23 care, containment, and treatment of persons committed to
24 the Department of Human Services as sexually violent
25 persons, persons unfit to stand trial, or persons not
26 guilty by reason of insanity. With respect to past

SB2467- 18 -LRB101 16785 RPS 66178 b
1 employment, references to the Department of Human Services
2 include its predecessor, the Department of Mental Health
3 and Developmental 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 Department
16 of Juvenile Justice" means any employee of the Department
17 of Corrections or the Department of Juvenile Justice or the
18 former Department of Personnel, and any member or employee
19 of the Prisoner Review Board, who has daily contact with
20 inmates or youth by working within a correctional facility
21 or Juvenile facility operated by the Department of Juvenile
22 Justice or who is a parole officer or an employee who has
23 direct contact with committed persons in the performance of
24 his or her job duties. For a member who first becomes an
25 employee under this Article on or after July 1, 2005, the
26 term means an employee of the Department of Corrections or

SB2467- 19 -LRB101 16785 RPS 66178 b
1 the Department of Juvenile Justice who is any of the
2 following: (i) officially headquartered at a correctional
3 facility or Juvenile facility operated by the Department of
4 Juvenile Justice, (ii) a parole officer, (iii) a member of
5 the apprehension unit, (iv) a member of the intelligence
6 unit, (v) a member of the sort team, or (vi) an
7 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 Department of State
12 Police" means a person employed by the Department of 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 of
26 the Attorney General, without regard to social security

SB2467- 20 -LRB101 16785 RPS 66178 b
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 basis under the
14 authority of Section 7.06 of the State's Attorneys
15 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),

SB2467- 21 -LRB101 16785 RPS 66178 b
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 is
3 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 if
9 the applicant were contributing at the rate applicable to
10 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

SB2467- 22 -LRB101 16785 RPS 66178 b
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 or
26the Department of Juvenile Justice, a security employee of the

SB2467- 23 -LRB101 16785 RPS 66178 b
1Department of Human Services who is not a mental health police
2officer, and a security employee of the Department of
3Innovation and Technology shall not be eligible for the
4alternative retirement annuity provided by this Section unless
5he or she meets the following minimum age and service
6requirements at the time of retirement:
7 (i) 25 years of eligible creditable service and age 55;
8 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
25Code for service as a security employee of the Department of
26Corrections or the Department of Juvenile Justice, or the

SB2467- 24 -LRB101 16785 RPS 66178 b
1Department of Human Services in a position requiring
2certification as a teacher may count such service toward
3establishing their eligibility under the service requirements
4of this Section; but such service may be used only for
5establishing such eligibility, and not for the purpose of
6increasing or calculating any benefit.
7 (e) If a member enters military service while working in a
8position in which eligible creditable service may be earned,
9and returns to State service in the same or another such
10position, and fulfills in all other respects the conditions
11prescribed in this Article for credit for military service,
12such military service shall be credited as eligible creditable
13service for the purposes of the retirement annuity prescribed
14in this Section.
15 (f) For purposes of calculating retirement annuities under
16this Section, periods of service rendered after December 31,
171968 and before October 1, 1975 as a covered employee in the
18position of special agent, conservation police officer, mental
19health police officer, or investigator for the Secretary of
20State, shall be deemed to have been service as a noncovered
21employee, provided that the employee pays to the System prior
22to retirement an amount equal to (1) the difference between the
23employee contributions that would have been required for such
24service as a noncovered employee, and the amount of employee
25contributions actually paid, plus (2) if payment is made after
26July 31, 1987, regular interest on the amount specified in item

SB2467- 25 -LRB101 16785 RPS 66178 b
1(1) from the date of service to the date of payment.
2 For purposes of calculating retirement annuities under
3this Section, periods of service rendered after December 31,
41968 and before January 1, 1982 as a covered employee in the
5position of investigator for the Department of Revenue shall be
6deemed to have been service as a noncovered employee, provided
7that the employee pays to the System prior to retirement an
8amount equal to (1) the difference between the employee
9contributions that would have been required for such service as
10a noncovered employee, and the amount of employee contributions
11actually paid, plus (2) if payment is made after January 1,
121990, regular interest on the amount specified in item (1) from
13the date of service to the date of payment.
14 (g) A State policeman may elect, not later than January 1,
151990, to establish eligible creditable service for up to 10
16years of his service as a policeman under Article 3, by filing
17a written election with the Board, accompanied by payment of an
18amount to be determined by the Board, equal to (i) the
19difference between the amount of employee and employer
20contributions transferred to the System under Section 3-110.5,
21and the amounts that would have been contributed had such
22contributions been made at the rates applicable to State
23policemen, plus (ii) interest thereon at the effective rate for
24each year, compounded annually, from the date of service to the
25date of payment.
26 Subject to the limitation in subsection (i), a State

SB2467- 26 -LRB101 16785 RPS 66178 b
1policeman may elect, not later than July 1, 1993, to establish
2eligible creditable service for up to 10 years of his service
3as a member of the County Police Department under Article 9, by
4filing a written election with the Board, accompanied by
5payment of an amount to be determined by the Board, equal to
6(i) the difference between the amount of employee and employer
7contributions transferred to the System under Section 9-121.10
8and the amounts that would have been contributed had those
9contributions been made at the rates applicable to State
10policemen, plus (ii) interest thereon at the effective rate for
11each year, compounded annually, from the date of service to the
12date of payment.
13 (h) Subject to the limitation in subsection (i), a State
14policeman or investigator for the Secretary of State may elect
15to establish eligible creditable service for up to 12 years of
16his service as a policeman under Article 5, by filing a written
17election with the Board on or before January 31, 1992, and
18paying to the System by January 31, 1994 an amount to be
19determined by the Board, equal to (i) the difference between
20the amount of employee and employer contributions transferred
21to the System under Section 5-236, and the amounts that would
22have been contributed had such contributions been made at the
23rates applicable to State policemen, plus (ii) interest thereon
24at the effective rate for each year, compounded annually, from
25the date of service to the date of payment.
26 Subject to the limitation in subsection (i), a State

SB2467- 27 -LRB101 16785 RPS 66178 b
1policeman, conservation police officer, or investigator for
2the Secretary of State may elect to establish eligible
3creditable service for up to 10 years of service as a sheriff's
4law enforcement employee under Article 7, by filing a written
5election with the Board on or before January 31, 1993, and
6paying to the System by January 31, 1994 an amount to be
7determined by the Board, equal to (i) the difference between
8the amount of employee and employer contributions transferred
9to the System under Section 7-139.7, and the amounts that would
10have been contributed had such contributions been made at the
11rates applicable to State policemen, plus (ii) interest thereon
12at the effective rate for each year, compounded annually, from
13the date of service to the date of payment.
14 Subject to the limitation in subsection (i), a State
15policeman, conservation police officer, or investigator for
16the Secretary of State may elect to establish eligible
17creditable service for up to 5 years of service as a police
18officer under Article 3, a policeman under Article 5, a
19sheriff's law enforcement employee under Article 7, a member of
20the county police department under Article 9, or a police
21officer under Article 15 by filing a written election with the
22Board and paying to the System an amount to be determined by
23the Board, equal to (i) the difference between the amount of
24employee and employer contributions transferred to the System
25under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
26and the amounts that would have been contributed had such

SB2467- 28 -LRB101 16785 RPS 66178 b
1contributions been made at the rates applicable to State
2policemen, plus (ii) interest thereon at the effective rate for
3each year, compounded annually, from the date of service to the
4date of payment.
5 Subject to the limitation in subsection (i), an
6investigator for the Office of the Attorney General, or an
7investigator for the Department of Revenue, may elect to
8establish eligible creditable service for up to 5 years of
9service as a police officer under Article 3, a policeman under
10Article 5, a sheriff's law enforcement employee under Article
117, or a member of the county police department under Article 9
12by filing a written election with the Board within 6 months
13after August 25, 2009 (the effective date of Public Act 96-745)
14and paying to the System an amount to be determined by the
15Board, equal to (i) the difference between the amount of
16employee and employer contributions transferred to the System
17under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
18amounts that would have been contributed had such contributions
19been made at the rates applicable to State policemen, plus (ii)
20interest thereon at the actuarially assumed rate for each year,
21compounded annually, from the date of service to the date of
22payment.
23 Subject to the limitation in subsection (i), a State
24policeman, conservation police officer, investigator for the
25Office of the Attorney General, an investigator for the
26Department of Revenue, or investigator for the Secretary of

SB2467- 29 -LRB101 16785 RPS 66178 b
1State may elect to establish eligible creditable service for up
2to 5 years of service as a person employed by a participating
3municipality to perform police duties, or law enforcement
4officer employed on a full-time basis by a forest preserve
5district under Article 7, a county corrections officer, or a
6court services officer under Article 9, by filing a written
7election with the Board within 6 months after August 25, 2009
8(the effective date of Public Act 96-745) and paying to the
9System an amount to be determined by the Board, equal to (i)
10the difference between the amount of employee and employer
11contributions transferred to the System under Sections 7-139.8
12and 9-121.10 and the amounts that would have been contributed
13had such contributions been made at the rates applicable to
14State policemen, plus (ii) interest thereon at the actuarially
15assumed rate for each year, compounded annually, from the date
16of service to the date of payment.
17 (i) The total amount of eligible creditable service
18established by any person under subsections (g), (h), (j), (k),
19(l), (l-5), and (o), and (p) of this Section shall not exceed
2012 years.
21 (j) Subject to the limitation in subsection (i), an
22investigator for the Office of the State's Attorneys Appellate
23Prosecutor or a controlled substance inspector may elect to
24establish eligible creditable service for up to 10 years of his
25service as a policeman under Article 3 or a sheriff's law
26enforcement employee under Article 7, by filing a written

SB2467- 30 -LRB101 16785 RPS 66178 b
1election with the Board, accompanied by payment of an amount to
2be determined by the Board, equal to (1) the difference between
3the amount of employee and employer contributions transferred
4to the System under Section 3-110.6 or 7-139.8, and the amounts
5that would have been contributed had such contributions been
6made at the rates applicable to State policemen, plus (2)
7interest thereon at the effective rate for each year,
8compounded annually, from the date of service to the date of
9payment.
10 (k) Subject to the limitation in subsection (i) of this
11Section, an alternative formula employee may elect to establish
12eligible creditable service for periods spent as a full-time
13law enforcement officer or full-time corrections officer
14employed by the federal government or by a state or local
15government located outside of Illinois, for which credit is not
16held in any other public employee pension fund or retirement
17system. To obtain this credit, the applicant must file a
18written application with the Board by March 31, 1998,
19accompanied by evidence of eligibility acceptable to the Board
20and payment of an amount to be determined by the Board, equal
21to (1) employee contributions for the credit being established,
22based upon the applicant's salary on the first day as an
23alternative formula employee after the employment for which
24credit is being established and the rates then applicable to
25alternative formula employees, plus (2) an amount determined by
26the Board to be the employer's normal cost of the benefits

SB2467- 31 -LRB101 16785 RPS 66178 b
1accrued for the credit being established, plus (3) regular
2interest on the amounts in items (1) and (2) from the first day
3as an alternative formula employee after the employment for
4which credit is being established to the date of payment.
5 (l) Subject to the limitation in subsection (i), a security
6employee of the Department of Corrections may elect, not later
7than July 1, 1998, to establish eligible creditable service for
8up to 10 years of his or her service as a policeman under
9Article 3, by filing a written election with the Board,
10accompanied by payment of an amount to be determined by the
11Board, equal to (i) the difference between the amount of
12employee and employer contributions transferred to the System
13under Section 3-110.5, and the amounts that would have been
14contributed had such contributions been made at the rates
15applicable to security employees of the Department of
16Corrections, plus (ii) interest thereon at the effective rate
17for each year, compounded annually, from the date of service to
18the date of payment.
19 (l-5) Subject to the limitation in subsection (i) of this
20Section, a State policeman may elect to establish eligible
21creditable service for up to 5 years of service as a full-time
22law enforcement officer employed by the federal government or
23by a state or local government located outside of Illinois for
24which credit is not held in any other public employee pension
25fund or retirement system. To obtain this credit, the applicant
26must file a written application with the Board no later than 3

SB2467- 32 -LRB101 16785 RPS 66178 b
1years after the effective date of this amendatory Act of the
2101st General Assembly, accompanied by evidence of eligibility
3acceptable to the Board and payment of an amount to be
4determined by the Board, equal to (1) employee contributions
5for the credit being established, based upon the applicant's
6salary on the first day as an alternative formula employee
7after the employment for which credit is being established and
8the rates then applicable to alternative formula employees,
9plus (2) an amount determined by the Board to be the employer's
10normal cost of the benefits accrued for the credit being
11established, plus (3) regular interest on the amounts in items
12(1) and (2) from the first day as an alternative formula
13employee after the employment for which credit is being
14established to the date of payment.
15 (m) The amendatory changes to this Section made by this
16amendatory Act of the 94th General Assembly apply only to: (1)
17security employees of the Department of Juvenile Justice
18employed by the Department of Corrections before the effective
19date of this amendatory Act of the 94th General Assembly and
20transferred to the Department of Juvenile Justice by this
21amendatory Act of the 94th General Assembly; and (2) persons
22employed by the Department of Juvenile Justice on or after the
23effective date of this amendatory Act of the 94th General
24Assembly who are required by subsection (b) of Section 3-2.5-15
25of the Unified Code of Corrections to have any bachelor's or
26advanced degree from an accredited college or university or, in

SB2467- 33 -LRB101 16785 RPS 66178 b
1the case of persons who provide vocational training, who are
2required to have adequate knowledge in the skill for which they
3are providing the vocational training.
4 (n) A person employed in a position under subsection (b) of
5this Section who has purchased service credit under subsection
6(j) of Section 14-104 or subsection (b) of Section 14-105 in
7any other capacity under this Article may convert up to 5 years
8of that service credit into service credit covered under this
9Section by paying to the Fund an amount equal to (1) the
10additional employee contribution required under Section
1114-133, plus (2) the additional employer contribution required
12under Section 14-131, plus (3) interest on items (1) and (2) at
13the actuarially assumed rate from the date of the service to
14the date of payment.
15 (o) Subject to the limitation in subsection (i), a
16conservation police officer, investigator for the Secretary of
17State, Commerce Commission police officer, investigator for
18the Department of Revenue or the Illinois Gaming Board, or
19arson investigator subject to subsection (g) of Section 1-160
20may elect to convert up to 8 years of service credit
21established before the effective date of this amendatory Act of
22the 101st General Assembly as a conservation police officer,
23investigator for the Secretary of State, Commerce Commission
24police officer, investigator for the Department of Revenue or
25the Illinois Gaming Board, or arson investigator under this
26Article into eligible creditable service by filing a written

SB2467- 34 -LRB101 16785 RPS 66178 b
1election with the Board no later than one year after the
2effective date of this amendatory Act of the 101st General
3Assembly, accompanied by payment of an amount to be determined
4by the Board equal to (i) the difference between the amount of
5the employee contributions actually paid for that service and
6the amount of the employee contributions that would have been
7paid had the employee contributions been made as a noncovered
8employee serving in a position in which eligible creditable
9service, as defined in this Section, may be earned, plus (ii)
10interest thereon at the effective rate for each year,
11compounded annually, from the date of service to the date of
12payment.
13 (p) Subject to the limitation in subsection (i), a security
14employee of the Department of Human Services who is subject to
15subsection (g) of Section 1-160 may elect to convert up to 8
16years of service credit established before the effective date
17of this amendatory Act of the 101st General Assembly as a
18security employee of the Department of Human Services to
19eligible creditable service by filing a written election with
20the Board no later than one year after the effective date of
21this amendatory Act of the 101st General Assembly, accompanied
22by payment of an amount, to be determined by the Board, equal
23to (i) the difference between the amount of the employee
24contributions actually paid for that service and the amount of
25the employee contributions that would have been paid had the
26employee contributions been made as a covered employee serving

SB2467- 35 -LRB101 16785 RPS 66178 b
1in a position in which eligible creditable service, as defined
2in this Section, may be earned, plus (ii) interest thereon at
3the effective rate for each year, compounded annually, from the
4date of service to the date of payment.
5(Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18;
6101-610, eff. 1-1-20.)
7 (40 ILCS 5/14-152.1)
8 Sec. 14-152.1. Application and expiration of new benefit
9increases.
10 (a) As used in this Section, "new benefit increase" means
11an increase in the amount of any benefit provided under this
12Article, or an expansion of the conditions of eligibility for
13any benefit under this Article, that results from an amendment
14to this Code that takes effect after June 1, 2005 (the
15effective date of Public Act 94-4). "New benefit increase",
16however, does not include any benefit increase resulting from
17the changes made to Article 1 or this Article by Public Act
1896-37, Public Act 100-23, Public Act 100-587, Public Act
19100-611, Public Act 101-10, Public Act 101-610, or this
20amendatory Act of the 101st General Assembly or this amendatory
21Act of the 101st General Assembly.
22 (b) Notwithstanding any other provision of this Code or any
23subsequent amendment to this Code, every new benefit increase
24is subject to this Section and shall be deemed to be granted
25only in conformance with and contingent upon compliance with

SB2467- 36 -LRB101 16785 RPS 66178 b
1the provisions of this Section.
2 (c) The Public Act enacting a new benefit increase must
3identify and provide for payment to the System of additional
4funding at least sufficient to fund the resulting annual
5increase in cost to the System as it accrues.
6 Every new benefit increase is contingent upon the General
7Assembly providing the additional funding required under this
8subsection. The Commission on Government Forecasting and
9Accountability shall analyze whether adequate additional
10funding has been provided for the new benefit increase and
11shall report its analysis to the Public Pension Division of the
12Department of Insurance. A new benefit increase created by a
13Public Act that does not include the additional funding
14required under this subsection is null and void. If the Public
15Pension Division determines that the additional funding
16provided for a new benefit increase under this subsection is or
17has become inadequate, it may so certify to the Governor and
18the State Comptroller and, in the absence of corrective action
19by the General Assembly, the new benefit increase shall expire
20at the end of the fiscal year in which the certification is
21made.
22 (d) Every new benefit increase shall expire 5 years after
23its effective date or on such earlier date as may be specified
24in the language enacting the new benefit increase or provided
25under subsection (c). This does not prevent the General
26Assembly from extending or re-creating a new benefit increase

SB2467- 37 -LRB101 16785 RPS 66178 b
1by law.
2 (e) Except as otherwise provided in the language creating
3the new benefit increase, a new benefit increase that expires
4under this Section continues to apply to persons who applied
5and qualified for the affected benefit while the new benefit
6increase was in effect and to the affected beneficiaries and
7alternate payees of such persons, but does not apply to any
8other person, including, without limitation, a person who
9continues in service after the expiration date and did not
10apply and qualify for the affected benefit while the new
11benefit increase was in effect.
12(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
13100-611, eff. 7-20-18; 101-10, eff. 6-5-19; 101-81, eff.
147-12-19; 101-610, eff. 1-1-20.)
15 Section 99. Effective date. This Act takes effect upon
16becoming law.
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