Bill Text: IL SB2766 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the State Employee Article of the Illinois Pension Code. Provides that a State policeman may elect to convert service credit earned under the Article to eligible creditable service under the alternative retirement annuity formula by filing a written election with the Board and making a specified contribution. Provides that the conversion of service credit to eligible creditable service is not subject to provisions that limit the amount of eligible creditable service that may be established to 12 years. Provides that a State policeman may elect to establish eligible creditable service under the alternative retirement annuity formula for up to 5 years of service as a person employed by a participating municipality to perform police duties under the Illinois Municipal Retirement Fund (IMRF) Article, a county corrections officer, or a court services officer under the Cook County Article by filing a written application with the Board and making a specified contribution. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB2766 Detail]

Download: Illinois-2019-SB2766-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2766

Introduced 2/4/2020, by Sen. Robert F. Martwick

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

Amends the State Employee Article of the Illinois Pension Code. Provides that a State policeman may elect to convert service credit earned under the Article to eligible creditable service under the alternative retirement annuity formula by filing a written election with the Board and making a specified contribution. Provides that the conversion of service credit to eligible creditable service is not subject to provisions that limit the amount of eligible creditable service that may be established to 12 years. Provides that a State policeman may elect to establish eligible creditable service under the alternative retirement annuity formula for up to 5 years of service as a person employed by a participating municipality to perform police duties under the Illinois Municipal Retirement Fund (IMRF) Article, a county corrections officer, or a court services officer under the Cook County Article by filing a written application with the Board and making a specified contribution. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately.
LRB101 17591 RPS 67010 b
FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

SB2766LRB101 17591 RPS 67010 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 14-110 and 14-152.1 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 has attained
10age 55, and any member who has withdrawn from service with not
11less than 25 years of eligible creditable service and has
12attained age 50, regardless of whether the attainment of either
13of the specified ages occurs while the member is still in
14service, 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%

SB2766- 2 -LRB101 17591 RPS 67010 b
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 (b) For the purpose of this Section, "eligible creditable
21service" means creditable service resulting from service in one
22or more of the following positions:
23 (1) State policeman;
24 (2) fire fighter in the fire protection service of a
25 department;
26 (3) air pilot;

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1 (4) special agent;
2 (5) investigator for the Secretary of State;
3 (6) conservation police officer;
4 (7) investigator for the Department of Revenue or the
5 Illinois Gaming Board;
6 (8) security employee of the Department of Human
7 Services;
8 (9) Central Management Services security police
9 officer;
10 (10) security employee of the Department of
11 Corrections or the Department of Juvenile Justice;
12 (11) dangerous drugs investigator;
13 (12) investigator for the Department of State Police;
14 (13) investigator for the Office of the Attorney
15 General;
16 (14) controlled substance inspector;
17 (15) investigator for the Office of the State's
18 Attorneys Appellate Prosecutor;
19 (16) Commerce Commission police officer;
20 (17) arson investigator;
21 (18) State highway maintenance worker;
22 (19) security employee of the Department of Innovation
23 and Technology; or
24 (20) transferred employee.
25 A person employed in one of the positions specified in this
26subsection is entitled to eligible creditable service for

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1service credit earned under this Article while undergoing the
2basic police training course approved by the Illinois Law
3Enforcement Training Standards Board, if completion of that
4training is required of persons serving in that position. For
5the purposes of this Code, service during the required basic
6police training course shall be deemed performance of the
7duties of the specified position, even though the person is not
8a sworn peace officer at the time of the training.
9 A person under paragraph (20) is entitled to eligible
10creditable service for service credit earned under this Article
11on and after his or her transfer by Executive Order No.
122003-10, Executive Order No. 2004-2, or Executive Order No.
132016-1.
14 (c) For the purposes of this Section:
15 (1) The term "State policeman" includes any title or
16 position in the Department of State Police that is held by
17 an individual employed under the State Police Act.
18 (2) The term "fire fighter in the fire protection
19 service of a department" includes all officers in such fire
20 protection service including fire chiefs and assistant
21 fire chiefs.
22 (3) The term "air pilot" includes any employee whose
23 official job description on file in the Department of
24 Central Management Services, or in the department by which
25 he is employed if that department is not covered by the
26 Personnel Code, states that his principal duty is the

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1 operation of aircraft, and who possesses a pilot's license;
2 however, the change in this definition made by this
3 amendatory Act of 1983 shall not operate to exclude any
4 noncovered employee who was an "air pilot" for the purposes
5 of this Section on January 1, 1984.
6 (4) The term "special agent" means any person who by
7 reason of employment by the Division of Narcotic Control,
8 the Bureau of Investigation or, after July 1, 1977, the
9 Division of Criminal Investigation, the Division of
10 Internal Investigation, the Division of Operations, or any
11 other Division or organizational entity in the Department
12 of State Police is vested by law with duties to maintain
13 public order, investigate violations of the criminal law of
14 this State, enforce the laws of this State, make arrests
15 and recover property. The term "special agent" includes any
16 title or position in the Department of State Police that is
17 held by an individual employed under the State Police Act.
18 (5) The term "investigator for the Secretary of State"
19 means any person employed by the Office of the Secretary of
20 State 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 A person who became employed as an investigator for the
25 Secretary of State between January 1, 1967 and December 31,
26 1975, and who has served as such until attainment of age

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

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

SB2766- 8 -LRB101 17591 RPS 67010 b
1 and Developmental Disabilities.
2 The changes made to this subdivision (c)(8) by Public
3 Act 92-14 apply to persons who retire on or after January
4 1, 2001, notwithstanding Section 1-103.1.
5 (9) "Central Management Services security police
6 officer" means any person employed by the Department of
7 Central Management Services who is vested with such law
8 enforcement duties as render him ineligible for coverage
9 under the Social Security Act by reason of Sections
10 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
11 (10) For a member who first became an employee under
12 this Article before July 1, 2005, the term "security
13 employee of the Department of Corrections or the Department
14 of Juvenile Justice" means any employee of the Department
15 of Corrections or the Department of Juvenile Justice or the
16 former Department of Personnel, and any member or employee
17 of the Prisoner Review Board, who has daily contact with
18 inmates or youth by working within a correctional facility
19 or Juvenile facility operated by the Department of Juvenile
20 Justice or who is a parole officer or an employee who has
21 direct contact with committed persons in the performance of
22 his or her job duties. For a member who first becomes an
23 employee under this Article on or after July 1, 2005, the
24 term means an employee of the Department of Corrections or
25 the Department of Juvenile Justice who is any of the
26 following: (i) officially headquartered at a correctional

SB2766- 9 -LRB101 17591 RPS 67010 b
1 facility or Juvenile facility operated by the Department of
2 Juvenile Justice, (ii) a parole officer, (iii) a member of
3 the apprehension unit, (iv) a member of the intelligence
4 unit, (v) a member of the sort team, or (vi) an
5 investigator.
6 (11) The term "dangerous drugs investigator" means any
7 person who is employed as such by the Department of Human
8 Services.
9 (12) The term "investigator for the Department of State
10 Police" means a person employed by the Department of State
11 Police who is vested under Section 4 of the Narcotic
12 Control Division Abolition Act with such law enforcement
13 powers as render him ineligible for coverage under the
14 Social Security Act by reason of Sections 218(d)(5)(A),
15 218(d)(8)(D) and 218(l)(1) of that Act.
16 (13) "Investigator for the Office of the Attorney
17 General" means any person who is employed as such by the
18 Office of the Attorney General and is vested with such
19 investigative duties as render him ineligible for coverage
20 under the Social Security Act by reason of Sections
21 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
22 the period before January 1, 1989, the term includes all
23 persons who were employed as investigators by the Office of
24 the Attorney General, without regard to social security
25 status.
26 (14) "Controlled substance inspector" means any person

SB2766- 10 -LRB101 17591 RPS 67010 b
1 who is employed as such by the Department of Professional
2 Regulation and is vested with such law enforcement duties
3 as render him ineligible for coverage under the Social
4 Security Act by reason of Sections 218(d)(5)(A),
5 218(d)(8)(D) and 218(l)(1) of that Act. The term
6 "controlled substance inspector" includes the Program
7 Executive of Enforcement and the Assistant Program
8 Executive of Enforcement.
9 (15) The term "investigator for the Office of the
10 State's Attorneys Appellate Prosecutor" means a person
11 employed in that capacity on a full time basis under the
12 authority of Section 7.06 of the State's Attorneys
13 Appellate Prosecutor's Act.
14 (16) "Commerce Commission police officer" means any
15 person employed by the Illinois Commerce Commission who is
16 vested with such law enforcement duties as render him
17 ineligible for coverage under the Social Security Act by
18 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
19 218(l)(1) of that Act.
20 (17) "Arson investigator" means any person who is
21 employed as such by the Office of the State Fire Marshal
22 and is vested with such law enforcement duties as render
23 the person ineligible for coverage under the Social
24 Security Act by reason of Sections 218(d)(5)(A),
25 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
26 employed as an arson investigator on January 1, 1995 and is

SB2766- 11 -LRB101 17591 RPS 67010 b
1 no longer in service but not yet receiving a retirement
2 annuity may convert his or her creditable service for
3 employment as an arson investigator into eligible
4 creditable service by paying to the System the difference
5 between the employee contributions actually paid for that
6 service and the amounts that would have been contributed if
7 the applicant were contributing at the rate applicable to
8 persons with the same social security status earning
9 eligible creditable service on the date of application.
10 (18) The term "State highway maintenance worker" means
11 a person who is either of the following:
12 (i) A person employed on a full-time basis by the
13 Illinois Department of Transportation in the position
14 of highway maintainer, highway maintenance lead
15 worker, highway maintenance lead/lead worker, heavy
16 construction equipment operator, power shovel
17 operator, or bridge mechanic; and whose principal
18 responsibility is to perform, on the roadway, the
19 actual maintenance necessary to keep the highways that
20 form a part of the State highway system in serviceable
21 condition for vehicular traffic.
22 (ii) A person employed on a full-time basis by the
23 Illinois State Toll Highway Authority in the position
24 of equipment operator/laborer H-4, equipment
25 operator/laborer H-6, welder H-4, welder H-6,
26 mechanical/electrical H-4, mechanical/electrical H-6,

SB2766- 12 -LRB101 17591 RPS 67010 b
1 water/sewer H-4, water/sewer H-6, sign maker/hanger
2 H-4, sign maker/hanger H-6, roadway lighting H-4,
3 roadway lighting H-6, structural H-4, structural H-6,
4 painter H-4, or painter H-6; and whose principal
5 responsibility is to perform, on the roadway, the
6 actual maintenance necessary to keep the Authority's
7 tollways in serviceable condition for vehicular
8 traffic.
9 (19) The term "security employee of the Department of
10 Innovation and Technology" means a person who was a
11 security employee of the Department of Corrections or the
12 Department of Juvenile Justice, was transferred to the
13 Department of Innovation and Technology pursuant to
14 Executive Order 2016-01, and continues to perform similar
15 job functions under that Department.
16 (20) "Transferred employee" means an employee who was
17 transferred to the Department of Central Management
18 Services by Executive Order No. 2003-10 or Executive Order
19 No. 2004-2 or transferred to the Department of Innovation
20 and Technology by Executive Order No. 2016-1, or both, and
21 was entitled to eligible creditable service for services
22 immediately preceding the transfer.
23 (d) A security employee of the Department of Corrections or
24the Department of Juvenile Justice, a security employee of the
25Department of Human Services who is not a mental health police
26officer, and a security employee of the Department of

SB2766- 13 -LRB101 17591 RPS 67010 b
1Innovation and Technology shall not be eligible for the
2alternative retirement annuity provided by this Section unless
3he or she meets the following minimum age and service
4requirements at the time of retirement:
5 (i) 25 years of eligible creditable service and age 55;
6 or
7 (ii) beginning January 1, 1987, 25 years of eligible
8 creditable service and age 54, or 24 years of eligible
9 creditable service and age 55; or
10 (iii) beginning January 1, 1988, 25 years of eligible
11 creditable service and age 53, or 23 years of eligible
12 creditable service and age 55; or
13 (iv) beginning January 1, 1989, 25 years of eligible
14 creditable service and age 52, or 22 years of eligible
15 creditable service and age 55; or
16 (v) beginning January 1, 1990, 25 years of eligible
17 creditable service and age 51, or 21 years of eligible
18 creditable service and age 55; or
19 (vi) beginning January 1, 1991, 25 years of eligible
20 creditable service and age 50, or 20 years of eligible
21 creditable service and age 55.
22 Persons who have service credit under Article 16 of this
23Code for service as a security employee of the Department of
24Corrections or the Department of Juvenile Justice, or the
25Department of Human Services in a position requiring
26certification as a teacher may count such service toward

SB2766- 14 -LRB101 17591 RPS 67010 b
1establishing their eligibility under the service requirements
2of this Section; but such service may be used only for
3establishing such eligibility, and not for the purpose of
4increasing or calculating any benefit.
5 (e) If a member enters military service while working in a
6position in which eligible creditable service may be earned,
7and returns to State service in the same or another such
8position, and fulfills in all other respects the conditions
9prescribed in this Article for credit for military service,
10such military service shall be credited as eligible creditable
11service for the purposes of the retirement annuity prescribed
12in this Section.
13 (f) For purposes of calculating retirement annuities under
14this Section, periods of service rendered after December 31,
151968 and before October 1, 1975 as a covered employee in the
16position of special agent, conservation police officer, mental
17health police officer, or investigator for the Secretary of
18State, shall be deemed to have been service as a noncovered
19employee, provided that the employee pays to the System prior
20to retirement an amount equal to (1) the difference between the
21employee contributions that would have been required for such
22service as a noncovered employee, and the amount of employee
23contributions actually paid, plus (2) if payment is made after
24July 31, 1987, regular interest on the amount specified in item
25(1) from the date of service to the date of payment.
26 For purposes of calculating retirement annuities under

SB2766- 15 -LRB101 17591 RPS 67010 b
1this Section, periods of service rendered after December 31,
21968 and before January 1, 1982 as a covered employee in the
3position of investigator for the Department of Revenue shall be
4deemed to have been service as a noncovered employee, provided
5that the employee pays to the System prior to retirement an
6amount equal to (1) the difference between the employee
7contributions that would have been required for such service as
8a noncovered employee, and the amount of employee contributions
9actually paid, plus (2) if payment is made after January 1,
101990, regular interest on the amount specified in item (1) from
11the date of service to the date of payment.
12 (g) A State policeman may elect, not later than January 1,
131990, to establish eligible creditable service for up to 10
14years of his service as a policeman under Article 3, by filing
15a written election with the Board, accompanied by payment of an
16amount to be determined by the Board, equal to (i) the
17difference between the amount of employee and employer
18contributions transferred to the System under Section 3-110.5,
19and the amounts that would have been contributed had such
20contributions been made at the rates applicable to State
21policemen, plus (ii) interest thereon at the effective rate for
22each year, compounded annually, from the date of service to the
23date of payment.
24 Subject to the limitation in subsection (i), a State
25policeman may elect, not later than July 1, 1993, to establish
26eligible creditable service for up to 10 years of his service

SB2766- 16 -LRB101 17591 RPS 67010 b
1as a member of the County Police Department under Article 9, by
2filing a written election with the Board, accompanied by
3payment of an amount to be determined by the Board, equal to
4(i) the difference between the amount of employee and employer
5contributions transferred to the System under Section 9-121.10
6and the amounts that would have been contributed had those
7contributions been made at the rates applicable to State
8policemen, plus (ii) interest thereon at the effective rate for
9each year, compounded annually, from the date of service to the
10date of payment.
11 (h) Subject to the limitation in subsection (i), a State
12policeman or investigator for the Secretary of State may elect
13to establish eligible creditable service for up to 12 years of
14his service as a policeman under Article 5, by filing a written
15election with the Board on or before January 31, 1992, and
16paying to the System by January 31, 1994 an amount to be
17determined by the Board, equal to (i) the difference between
18the amount of employee and employer contributions transferred
19to the System under Section 5-236, and the amounts that would
20have been contributed had such contributions been made at the
21rates applicable to State policemen, plus (ii) interest thereon
22at the effective rate for each year, compounded annually, from
23the date of service to the date of payment.
24 Subject to the limitation in subsection (i), a State
25policeman, conservation police officer, or investigator for
26the Secretary of State may elect to establish eligible

SB2766- 17 -LRB101 17591 RPS 67010 b
1creditable service for up to 10 years of service as a sheriff's
2law enforcement employee under Article 7, by filing a written
3election with the Board on or before January 31, 1993, and
4paying to the System by January 31, 1994 an amount to be
5determined by the Board, equal to (i) the difference between
6the amount of employee and employer contributions transferred
7to the System under Section 7-139.7, and the amounts that would
8have been contributed had such contributions been made at the
9rates applicable to State policemen, plus (ii) interest thereon
10at the effective rate for each year, compounded annually, from
11the date of service to the date of payment.
12 Subject to the limitation in subsection (i), a State
13policeman, conservation police officer, or investigator for
14the Secretary of State may elect to establish eligible
15creditable service for up to 5 years of service as a police
16officer under Article 3, a policeman under Article 5, a
17sheriff's law enforcement employee under Article 7, a member of
18the county police department under Article 9, or a police
19officer under Article 15 by filing a written election with the
20Board and paying to the System an amount to be determined by
21the Board, equal to (i) the difference between the amount of
22employee and employer contributions transferred to the System
23under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
24and the amounts that would have been contributed had such
25contributions been made at the rates applicable to State
26policemen, plus (ii) interest thereon at the effective rate for

SB2766- 18 -LRB101 17591 RPS 67010 b
1each year, compounded annually, from the date of service to the
2date of payment.
3 Subject to the limitation in subsection (i), an
4investigator for the Office of the Attorney General, or an
5investigator for the Department of Revenue, may elect to
6establish eligible creditable service for up to 5 years of
7service as a police officer under Article 3, a policeman under
8Article 5, a sheriff's law enforcement employee under Article
97, or a member of the county police department under Article 9
10by filing a written election with the Board within 6 months
11after August 25, 2009 (the effective date of Public Act 96-745)
12and paying to the System an amount to be determined by the
13Board, equal to (i) the difference between the amount of
14employee and employer contributions transferred to the System
15under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
16amounts that would have been contributed had such contributions
17been made at the rates applicable to State policemen, plus (ii)
18interest thereon at the actuarially assumed rate for each year,
19compounded annually, from the date of service to the date of
20payment.
21 Subject to the limitation in subsection (i), a State
22policeman, conservation police officer, investigator for the
23Office of the Attorney General, an investigator for the
24Department of Revenue, or investigator for the Secretary of
25State may elect to establish eligible creditable service for up
26to 5 years of service as a person employed by a participating

SB2766- 19 -LRB101 17591 RPS 67010 b
1municipality to perform police duties, or law enforcement
2officer employed on a full-time basis by a forest preserve
3district under Article 7, a county corrections officer, or a
4court services officer under Article 9, by filing a written
5election with the Board within 6 months after August 25, 2009
6(the effective date of Public Act 96-745) and paying to the
7System an amount to be determined by the Board, equal to (i)
8the difference between the amount of employee and employer
9contributions transferred to the System under Sections 7-139.8
10and 9-121.10 and the amounts that would have been contributed
11had such contributions been made at the rates applicable to
12State policemen, plus (ii) interest thereon at the actuarially
13assumed rate for each year, compounded annually, from the date
14of service to the date of payment.
15 Subject to the limitation in subsection (i), a State
16policeman may elect to establish eligible creditable service
17for up to 5 years of service as a person employed by a
18participating municipality to perform police duties under
19Article 7, a county corrections officer, or a court services
20officer under Article 9 by filing a written election with the
21Board within 6 months after the effective date of this
22amendatory Act of the 101st General Assembly and paying to the
23System an amount to be determined by the Board equal to (i) the
24difference between the amount of employee and employer
25contributions transferred to the System under Sections 7-139.8
26and 9-121.10 and the amounts that would have been contributed

SB2766- 20 -LRB101 17591 RPS 67010 b
1had such contributions been made at the rates applicable to
2State policemen, plus (ii) interest thereon at the actuarially
3assumed rate for each year, compounded annually, from the date
4of service to the date of payment.
5 Notwithstanding the limitation in subsection (i), a State
6policeman may elect to convert service credit earned under this
7Article to eligible creditable service, as defined by this
8Section, by filing a written election with the Board within 6
9months after the effective date of this amendatory Act of the
10101st General Assembly and paying to the System an amount to be
11determined by the Board equal to (i) the difference between the
12amount of employee contributions originally paid for that
13service and the amounts that would have been contributed had
14such contributions been made at the rates applicable to State
15policemen, plus (ii) the difference between the employer's
16normal cost of the credit prior to the conversion authorized by
17this amendatory Act of the 101st General Assembly and the
18employer's normal cost of the credit converted in accordance
19with this amendatory Act of the 101st General Assembly, plus
20(iii) interest thereon at the actuarially assumed rate for each
21year, compounded annually, from the date of service to the date
22of payment.
23 (i) The total amount of eligible creditable service
24established by any person under subsections (g), (h), (j), (k),
25(l), (l-5), and (o) of this Section shall not exceed 12 years.
26 (j) Subject to the limitation in subsection (i), an

SB2766- 21 -LRB101 17591 RPS 67010 b
1investigator for the Office of the State's Attorneys Appellate
2Prosecutor or a controlled substance inspector may elect to
3establish eligible creditable service for up to 10 years of his
4service as a policeman under Article 3 or a sheriff's law
5enforcement employee under Article 7, by filing a written
6election with the Board, accompanied by payment of an amount to
7be determined by the Board, equal to (1) the difference between
8the amount of employee and employer contributions transferred
9to the System under Section 3-110.6 or 7-139.8, and the amounts
10that would have been contributed had such contributions been
11made at the rates applicable to State policemen, plus (2)
12interest thereon at the effective rate for each year,
13compounded annually, from the date of service to the date of
14payment.
15 (k) Subject to the limitation in subsection (i) of this
16Section, an alternative formula employee may elect to establish
17eligible creditable service for periods spent as a full-time
18law enforcement officer or full-time corrections officer
19employed by the federal government or by a state or local
20government located outside of Illinois, for which credit is not
21held in any other public employee pension fund or retirement
22system. To obtain this credit, the applicant must file a
23written application with the Board by March 31, 1998,
24accompanied by evidence of eligibility acceptable to the Board
25and payment of an amount to be determined by the Board, equal
26to (1) employee contributions for the credit being established,

SB2766- 22 -LRB101 17591 RPS 67010 b
1based upon the applicant's salary on the first day as an
2alternative formula employee after the employment for which
3credit is being established and the rates then applicable to
4alternative formula employees, plus (2) an amount determined by
5the Board to be the employer's normal cost of the benefits
6accrued for the credit being established, plus (3) regular
7interest on the amounts in items (1) and (2) from the first day
8as an alternative formula employee after the employment for
9which credit is being established to the date of payment.
10 (l) Subject to the limitation in subsection (i), a security
11employee of the Department of Corrections may elect, not later
12than July 1, 1998, to establish eligible creditable service for
13up to 10 years of his or her service as a policeman under
14Article 3, by filing a written election with the Board,
15accompanied by payment of an amount to be determined by the
16Board, equal to (i) the difference between the amount of
17employee and employer contributions transferred to the System
18under Section 3-110.5, and the amounts that would have been
19contributed had such contributions been made at the rates
20applicable to security employees of the Department of
21Corrections, plus (ii) interest thereon at the effective rate
22for each year, compounded annually, from the date of service to
23the date of payment.
24 (l-5) Subject to the limitation in subsection (i) of this
25Section, a State policeman may elect to establish eligible
26creditable service for up to 5 years of service as a full-time

SB2766- 23 -LRB101 17591 RPS 67010 b
1law enforcement officer employed by the federal government or
2by a state or local government located outside of Illinois for
3which credit is not held in any other public employee pension
4fund or retirement system. To obtain this credit, the applicant
5must file a written application with the Board no later than 3
6years after the effective date of this amendatory Act of the
7101st General Assembly, accompanied by evidence of eligibility
8acceptable to the Board and payment of an amount to be
9determined by the Board, equal to (1) employee contributions
10for the credit being established, based upon the applicant's
11salary on the first day as an alternative formula employee
12after the employment for which credit is being established and
13the rates then applicable to alternative formula employees,
14plus (2) an amount determined by the Board to be the employer's
15normal cost of the benefits accrued for the credit being
16established, plus (3) regular interest on the amounts in items
17(1) and (2) from the first day as an alternative formula
18employee after the employment for which credit is being
19established to the date of payment.
20 (m) The amendatory changes to this Section made by this
21amendatory Act of the 94th General Assembly apply only to: (1)
22security employees of the Department of Juvenile Justice
23employed by the Department of Corrections before the effective
24date of this amendatory Act of the 94th General Assembly and
25transferred to the Department of Juvenile Justice by this
26amendatory Act of the 94th General Assembly; and (2) persons

SB2766- 24 -LRB101 17591 RPS 67010 b
1employed by the Department of Juvenile Justice on or after the
2effective date of this amendatory Act of the 94th General
3Assembly who are required by subsection (b) of Section 3-2.5-15
4of the Unified Code of Corrections to have any bachelor's or
5advanced degree from an accredited college or university or, in
6the case of persons who provide vocational training, who are
7required to have adequate knowledge in the skill for which they
8are providing the vocational training.
9 (n) A person employed in a position under subsection (b) of
10this Section who has purchased service credit under subsection
11(j) of Section 14-104 or subsection (b) of Section 14-105 in
12any other capacity under this Article may convert up to 5 years
13of that service credit into service credit covered under this
14Section by paying to the Fund an amount equal to (1) the
15additional employee contribution required under Section
1614-133, plus (2) the additional employer contribution required
17under Section 14-131, plus (3) interest on items (1) and (2) at
18the actuarially assumed rate from the date of the service to
19the date of payment.
20 (o) Subject to the limitation in subsection (i), a
21conservation police officer, investigator for the Secretary of
22State, Commerce Commission police officer, investigator for
23the Department of Revenue or the Illinois Gaming Board, or
24arson investigator subject to subsection (g) of Section 1-160
25may elect to convert up to 8 years of service credit
26established before the effective date of this amendatory Act of

SB2766- 25 -LRB101 17591 RPS 67010 b
1the 101st General Assembly as a conservation police officer,
2investigator for the Secretary of State, Commerce Commission
3police officer, investigator for the Department of Revenue or
4the Illinois Gaming Board, or arson investigator under this
5Article into eligible creditable service by filing a written
6election with the Board no later than one year after the
7effective date of this amendatory Act of the 101st General
8Assembly, accompanied by payment of an amount to be determined
9by the Board equal to (i) the difference between the amount of
10the employee contributions actually paid for that service and
11the amount of the employee contributions that would have been
12paid had the employee contributions been made as a noncovered
13employee serving in a position in which eligible creditable
14service, as defined in this Section, may be earned, plus (ii)
15interest thereon at the effective rate for each year,
16compounded annually, from the date of service to the date of
17payment.
18(Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18;
19101-610, eff. 1-1-20.)
20 (40 ILCS 5/14-152.1)
21 Sec. 14-152.1. Application and expiration of new benefit
22increases.
23 (a) As used in this Section, "new benefit increase" means
24an increase in the amount of any benefit provided under this
25Article, or an expansion of the conditions of eligibility for

SB2766- 26 -LRB101 17591 RPS 67010 b
1any benefit under this Article, that results from an amendment
2to this Code that takes effect after June 1, 2005 (the
3effective date of Public Act 94-4). "New benefit increase",
4however, does not include any benefit increase resulting from
5the changes made to Article 1 or this Article by Public Act
696-37, Public Act 100-23, Public Act 100-587, Public Act
7100-611, Public Act 101-10, Public Act 101-610, or this
8amendatory Act of the 101st General Assembly or this amendatory
9Act of the 101st General Assembly.
10 (b) Notwithstanding any other provision of this Code or any
11subsequent amendment to this Code, every new benefit increase
12is subject to this Section and shall be deemed to be granted
13only in conformance with and contingent upon compliance with
14the provisions of this Section.
15 (c) The Public Act enacting a new benefit increase must
16identify and provide for payment to the System of additional
17funding at least sufficient to fund the resulting annual
18increase in cost to the System as it accrues.
19 Every new benefit increase is contingent upon the General
20Assembly providing the additional funding required under this
21subsection. The Commission on Government Forecasting and
22Accountability shall analyze whether adequate additional
23funding has been provided for the new benefit increase and
24shall report its analysis to the Public Pension Division of the
25Department of Insurance. A new benefit increase created by a
26Public Act that does not include the additional funding

SB2766- 27 -LRB101 17591 RPS 67010 b
1required under this subsection is null and void. If the Public
2Pension Division determines that the additional funding
3provided for a new benefit increase under this subsection is or
4has become inadequate, it may so certify to the Governor and
5the State Comptroller and, in the absence of corrective action
6by the General Assembly, the new benefit increase shall expire
7at the end of the fiscal year in which the certification is
8made.
9 (d) Every new benefit increase shall expire 5 years after
10its effective date or on such earlier date as may be specified
11in the language enacting the new benefit increase or provided
12under subsection (c). This does not prevent the General
13Assembly from extending or re-creating a new benefit increase
14by law.
15 (e) Except as otherwise provided in the language creating
16the new benefit increase, a new benefit increase that expires
17under this Section continues to apply to persons who applied
18and qualified for the affected benefit while the new benefit
19increase was in effect and to the affected beneficiaries and
20alternate payees of such persons, but does not apply to any
21other person, including, without limitation, a person who
22continues in service after the expiration date and did not
23apply and qualify for the affected benefit while the new
24benefit increase was in effect.
25(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
26100-611, eff. 7-20-18; 101-10, eff. 6-5-19; 101-81, eff.

SB2766- 28 -LRB101 17591 RPS 67010 b
17-12-19; 101-610, eff. 1-1-20.)
2 Section 99. Effective date. This Act takes effect upon
3becoming law.
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