HB 4015 — PEN CD-ALT FORMULA-CONVERSION

*LRB09611776AMC22559b* HB4015 96THEngrossed GENERALLRB096 ASSEMBLY11776 StateAMC of22559 Illinoisb andAN 2010ACT HB4015concerning Introducedpublic 2/26/2009,employee bybenefits. Rep.

Kevin A.

McCarthy SYNOPSIS AS INTRODUCED:

ILCS 5/14-110 from Ch.

108 1/2, par.

14-110 ILCS 5/14-152.1 Amends the State Employees Article of the Illinois Pension Code.

Provides that a person employed by the Illinois State Toll Highway Authority in the position of carpenter shop manager or carpenter shop supervisor on the effective date of the amendatory Act who has creditable service established in the position of structural H-4, structural H-6, painter H-4, or painter H-6 on or before that effective date shall have service in a position of structural H-4, structural H-6, painter H-4, or painter H-6 converted to alternative formula service credit upon the member submitting written application with the System.

Exempts the change from the provisions concerning new benefit increases.

Effective immediately.

LRB096 11776 AMC 22559 b FISCAL NOTE ACT PENSION IMPACT MAY APPLY NOTE ACT MAY APPLY A BILL FOR HB4015 LRB096 11776 AMC 22559 b AN ACT concerning public employee benefits.

if retirement occurs before January 1, 2001, 2 1/4% of final average compensation for each of the first 10 years of creditable service, 2 1/2% for each year above 10 years to and including 20 years of creditable service, and 2 3/4% HB4015 Engrossed - 2 - LRB096 11776 AMC 22559 b for each year of creditable service above 20 years;

HB4015 Engrossed - 3 - LRB096 11776 AMC 22559 b (4) special agent;

For HB4015 Engrossed - 4 - LRB096 11776 AMC 22559 b the purposes of this Code, service during the required basic police training course shall be deemed performance of the duties of the specified position, even though the person is not a sworn peace officer at the time of the training.

(4) The term "special agent" means any person who by reason of employment by the Division of Narcotic Control, the Bureau of Investigation or, after July 1, 1977, the Division of Criminal Investigation, the Division of HB4015 Engrossed - 5 - LRB096 11776 AMC 22559 b Internal Investigation, the Division of Operations, or any other Division or organizational entity in the Department of State Police is vested by law with duties to maintain public order, investigate violations of the criminal law of this State, enforce the laws of this State, make arrests and recover property.

(6) The term "Conservation Police Officer" means any person employed by the Division of Law Enforcement of the Department of Natural Resources and vested with such law HB4015 Engrossed - 6 - LRB096 11776 AMC 22559 b enforcement duties as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act.

"Mental health police officer" means any person employed by the Department of Human Services in a position pertaining to the Department's mental health and developmental disabilities HB4015 Engrossed - 7 - LRB096 11776 AMC 22559 b functions who is vested with such law enforcement duties as render the person ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.

(10) For a member who first became an employee under this Article before July 1, 2005, the term "security employee of the Department of Corrections or the Department of Juvenile Justice" means any employee of the Department of Corrections or the Department of Juvenile Justice or the HB4015 Engrossed - 8 - LRB096 11776 AMC 22559 b former Department of Personnel, and any member or employee of the Prisoner Review Board, who has daily contact with inmates or youth by working within a correctional facility or Juvenile facility operated by the Department of Juvenile Justice or who is a parole officer or an employee who has direct contact with committed persons in the performance of his or her job duties.

HB4015 Engrossed - 9 - LRB096 11776 AMC 22559 b (13) "Investigator for the Office of the Attorney General" means any person who is employed as such by the Office of the Attorney General and is vested with such investigative duties as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.

(16) "Commerce Commission police officer" means any person employed by the Illinois Commerce Commission who is HB4015 Engrossed - 10 - LRB096 11776 AMC 22559 b vested with such law enforcement duties as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act.

(i) A person employed on a full-time basis by the Illinois Department of Transportation in the position of highway maintainer, highway maintenance lead worker, highway maintenance lead/lead worker, heavy HB4015 Engrossed - 11 - LRB096 11776 AMC 22559 b construction equipment operator, power shovel operator, or bridge mechanic;

A person employed by the Illinois State Toll Highway Authority in the position of carpenter shop manager or carpenter shop supervisor on the effective date of this amendatory Act of the 96th General Assembly who has creditable service established in the position of structural H-4, structural H-5, structural H-6, painter H-4, painter H-5, or painter H-6 on or before that effective date shall have service in a HB4015 Engrossed - 12 - LRB096 11776 AMC 22559 b effective date shall have service in a position of structural H-4, structural H-5, structural H-6, painter H-4, painter H-5, or painter H-6 converted to alternative formula service credit upon the member submitting written application with the System.

or (vi) beginning January 1, 1991, 25 years of eligible HB4015 Engrossed - 13 - LRB096 11776 AMC 22559 b (vi) beginning January 1, 1991, 25 years of eligible creditable service and age 50, or 20 years of eligible creditable service and age 55.

(f) For purposes of calculating retirement annuities under this Section, periods of service rendered after December 31, 1968 and before October 1, 1975 as a covered employee in the position of special agent, conservation police officer, mental health police officer, or investigator for the Secretary of State, shall be deemed to have been service as a noncovered HB4015 Engrossed - 14 - LRB096 11776 AMC 22559 b employee, provided that the employee pays to the System prior HB4015 - 14 - LRB096 11776 AMC 22559 b to retirement an amount equal to (1) the difference between the employee contributions that would have been required for such service as a noncovered employee, and the amount of employee contributions actually paid, plus (2) if payment is made after July 31, 1987, regular interest on the amount specified in item (1) from the date of service to the date of payment.

(g) A State policeman may elect, not later than January 1, 1990, to establish eligible creditable service for up to 10 years of his service as a policeman under Article 3, by filing a written election with the Board, accompanied by payment of an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the System under Section 3-110.5, HB4015 Engrossed - 15 - LRB096 11776 AMC 22559 b and the amounts that would have been contributed had such HB4015 - 15 - LRB096 11776 AMC 22559 b contributions been made at the rates applicable to State policemen, plus (ii) interest thereon at the effective rate for each year, compounded annually, from the date of service to the date of payment.

(h) Subject to the limitation in subsection (i), a State policeman or investigator for the Secretary of State may elect to establish eligible creditable service for up to 12 years of his service as a policeman under Article 5, by filing a written election with the Board on or before January 31, 1992, and paying to the System by January 31, 1994 an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred HB4015 Engrossed - 16 - LRB096 11776 AMC 22559 b to the System under Section 5-236, and the amounts that would HB4015 - 16 - LRB096 11776 AMC 22559 b have been contributed had such contributions been made at the rates applicable to State policemen, plus (ii) interest thereon at the effective rate for each year, compounded annually, from the date of service to the date of payment.

Subject to the limitation in subsection (i), a State policeman, conservation police officer, or investigator for the Secretary of State may elect to establish eligible creditable service for up to 5 years of service as a police officer under Article 3, a policeman under Article 5, a sheriff's law enforcement employee under Article 7, a member of the county police department under Article 9, or a police HB4015 Engrossed - 17 - LRB096 11776 AMC 22559 b officer under Article 15 by filing a written election with the HB4015 - 17 - LRB096 11776 AMC 22559 b Board and paying to the System an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the System under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 and the amounts that would have been contributed had such contributions been made at the rates applicable to State policemen, plus (ii) interest thereon at the effective rate for each year, compounded annually, from the date of service to the date of payment.

(j) Subject to the limitation in subsection (i), an investigator for the Office of the State's Attorneys Appellate Prosecutor or a controlled substance inspector may elect to establish eligible creditable service for up to 10 years of his service as a policeman under Article 3 or a sheriff's law enforcement employee under Article 7, by filing a written election with the Board, accompanied by payment of an amount to be determined by the Board, equal to (1) the difference between the amount of employee and employer contributions transferred to the System under Section 3-110.6 or 7-139.8, and the amounts that would have been contributed had such contributions been made at the rates applicable to State policemen, plus (2) interest thereon at the effective rate for each year, HB4015 Engrossed - 18 - LRB096 11776 AMC 22559 b compounded annually, from the date of service to the date of HB4015 - 18 - LRB096 11776 AMC 22559 b payment.

(l) Subject to the limitation in subsection (i), a security employee of the Department of Corrections may elect, not later than July 1, 1998, to establish eligible creditable service for HB4015 Engrossed - 19 - LRB096 11776 AMC 22559 b up to 10 years of his or her service as a policeman under HB4015 - 19 - LRB096 11776 AMC 22559 b Article 3, by filing a written election with the Board, accompanied by payment of an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the System under Section 3-110.5, and the amounts that would have been contributed had such contributions been made at the rates applicable to security employees of the Department of Corrections, plus (ii) interest thereon at the effective rate for each year, compounded annually, from the date of service to the date of payment.

and (2) persons employed by the Department of Juvenile Justice on or after the effective date of this amendatory Act of the 94th General Assembly who are required by subsection (b) of Section 3-2.5-15 of the Unified Code of Corrections to have a bachelor's or advanced degree from an accredited college or university with a specialization in criminal justice, education, psychology, social work, or a closely related social science or, in the case of persons who provide vocational training, who are HB4015 Engrossed - 20 - LRB096 11776 AMC 22559 b required to have adequate knowledge in the skill for which they HB4015 - 20 - LRB096 11776 AMC 22559 b are providing the vocational training.

(c) The Public Act enacting a new benefit increase must identify and provide for payment to the System of additional funding at least sufficient to fund the resulting annual HB4015 Engrossed - 21 - LRB096 11776 AMC 22559 b increase in cost to the System as it accrues.

HB4015 - 21 - LRB096 11776 AMC 22559 b Every new benefit increase is contingent upon the General Assembly providing the additional funding required under this subsection.

(e) Except as otherwise provided in the language creating the new benefit increase, a new benefit increase that expires under this Section continues to apply to persons who applied HB4015 Engrossed - 22 - LRB096 11776 AMC 22559 b and qualified for the affected benefit while the new benefit HB4015 - 22 - LRB096 11776 AMC 22559 b increase was in effect and to the affected beneficiaries and alternate payees of such persons, but does not apply to any other person, including without limitation a person who continues in service after the expiration date and did not apply and qualify for the affected benefit while the new benefit increase was in effect.