|
to known or suspected cases of sexually transmissible |
disease or any information the disclosure of which is |
restricted under the Illinois Sexually Transmissible |
Disease Control Act. |
(e) Information the disclosure of which is exempted |
under Section 30 of the Radon Industry Licensing Act. |
(f) Firm performance evaluations under Section 55 of |
the Architectural, Engineering, and Land Surveying |
Qualifications Based Selection Act. |
(g) Information the disclosure of which is restricted |
and exempted under Section 50 of the Illinois Prepaid |
Tuition Act. |
(h) Information the disclosure of which is exempted |
under the State Officials and Employees Ethics Act, and |
records of any lawfully created State or local inspector |
general's office that would be exempt if created or |
obtained by an Executive Inspector General's office under |
that Act. |
(i) Information contained in a local emergency energy |
plan submitted to a municipality in accordance with a |
local emergency energy plan ordinance that is adopted |
under Section 11-21.5-5 of the Illinois Municipal Code. |
(j) Information and data concerning the distribution |
of surcharge moneys collected and remitted by carriers |
under the Emergency Telephone System Act. |
(k) Law enforcement officer identification information |
|
or driver identification information compiled by a law |
enforcement agency or the Department of Transportation |
under Section 11-212 of the Illinois Vehicle Code. |
(l) Records and information provided to a residential |
health care facility resident sexual assault and death |
review team or the Executive Council under the Abuse |
Prevention Review Team Act. |
(m) Information provided to the predatory lending |
database created pursuant to Article 3 of the Residential |
Real Property Disclosure Act, except to the extent |
authorized under that Article. |
(n) Defense budgets and petitions for certification of |
compensation and expenses for court appointed trial |
counsel as provided under Sections 10 and 15 of the |
Capital Crimes Litigation Act. This subsection (n) shall |
apply until the conclusion of the trial of the case, even |
if the prosecution chooses not to pursue the death penalty |
prior to trial or sentencing. |
(o) Information that is prohibited from being |
disclosed under Section 4 of the Illinois Health and |
Hazardous Substances Registry Act. |
(p) Security portions of system safety program plans, |
investigation reports, surveys, schedules, lists, data, or |
information compiled, collected, or prepared by or for the |
Department of Transportation under Sections 2705-300 and |
2705-616 of the Department of Transportation Law of the |
|
Civil Administrative Code of Illinois, the Regional |
Transportation Authority under Section 2.11 of the |
Regional Transportation Authority Act, or the St. Clair |
County Transit District under the Bi-State Transit Safety |
Act. |
(q) Information prohibited from being disclosed by the |
Personnel Record Review Act. |
(r) Information prohibited from being disclosed by the |
Illinois School Student Records Act. |
(s) Information the disclosure of which is restricted |
under Section 5-108 of the Public Utilities Act.
|
(t) All identified or deidentified health information |
in the form of health data or medical records contained |
in, stored in, submitted to, transferred by, or released |
from the Illinois Health Information Exchange, and |
identified or deidentified health information in the form |
of health data and medical records of the Illinois Health |
Information Exchange in the possession of the Illinois |
Health Information Exchange Office due to its |
administration of the Illinois Health Information |
Exchange. The terms "identified" and "deidentified" shall |
be given the same meaning as in the Health Insurance |
Portability and Accountability Act of 1996, Public Law |
104-191, or any subsequent amendments thereto, and any |
regulations promulgated thereunder. |
(u) Records and information provided to an independent |
|
team of experts under the Developmental Disability and |
Mental Health Safety Act (also known as Brian's Law). |
(v) Names and information of people who have applied |
for or received Firearm Owner's Identification Cards under |
the Firearm Owners Identification Card Act or applied for |
or received a concealed carry license under the Firearm |
Concealed Carry Act, unless otherwise authorized by the |
Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed |
Carry Licensing Review Board under the Firearm Concealed |
Carry Act, and law enforcement agency objections under the |
Firearm Concealed Carry Act. |
(v-5) Records of the Firearm Owner's Identification |
Card Review Board that are exempted from disclosure under |
Section 10 of the Firearm Owners Identification Card Act. |
(w) Personally identifiable information which is |
exempted from disclosure under subsection (g) of Section |
19.1 of the Toll Highway Act. |
(x) Information which is exempted from disclosure |
under Section 5-1014.3 of the Counties Code or Section |
8-11-21 of the Illinois Municipal Code. |
(y) Confidential information under the Adult |
Protective Services Act and its predecessor enabling |
statute, the Elder Abuse and Neglect Act, including |
information about the identity and administrative finding |
against any caregiver of a verified and substantiated |
|
decision of abuse, neglect, or financial exploitation of |
an eligible adult maintained in the Registry established |
under Section 7.5 of the Adult Protective Services Act. |
(z) Records and information provided to a fatality |
review team or the Illinois Fatality Review Team Advisory |
Council under Section 15 of the Adult Protective Services |
Act. |
(aa) Information which is exempted from disclosure |
under Section 2.37 of the Wildlife Code. |
(bb) Information which is or was prohibited from |
disclosure by the Juvenile Court Act of 1987. |
(cc) Recordings made under the Law Enforcement |
Officer-Worn Body Camera Act, except to the extent |
authorized under that Act. |
(dd) Information that is prohibited from being |
disclosed under Section 45 of the Condominium and Common |
Interest Community Ombudsperson Act. |
(ee) Information that is exempted from disclosure |
under Section 30.1 of the Pharmacy Practice Act. |
(ff) Information that is exempted from disclosure |
under the Revised Uniform Unclaimed Property Act. |
(gg) Information that is prohibited from being |
disclosed under Section 7-603.5 of the Illinois Vehicle |
Code. |
(hh) Records that are exempt from disclosure under |
Section 1A-16.7 of the Election Code. |
|
(ii) Information which is exempted from disclosure |
under Section 2505-800 of the Department of Revenue Law of |
the Civil Administrative Code of Illinois. |
(jj) Information and reports that are required to be |
submitted to the Department of Labor by registering day |
and temporary labor service agencies but are exempt from |
disclosure under subsection (a-1) of Section 45 of the Day |
and Temporary Labor Services Act. |
(kk) Information prohibited from disclosure under the |
Seizure and Forfeiture Reporting Act. |
(ll) Information the disclosure of which is restricted |
and exempted under Section 5-30.8 of the Illinois Public |
Aid Code. |
(mm) Records that are exempt from disclosure under |
Section 4.2 of the Crime Victims Compensation Act. |
(nn) Information that is exempt from disclosure under |
Section 70 of the Higher Education Student Assistance Act. |
(oo) Communications, notes, records, and reports |
arising out of a peer support counseling session |
prohibited from disclosure under the First Responders |
Suicide Prevention Act. |
(pp) Names and all identifying information relating to |
an employee of an emergency services provider or law |
enforcement agency under the First Responders Suicide |
Prevention Act. |
(qq) Information and records held by the Department of |
|
Public Health and its authorized representatives collected |
under the Reproductive Health Act. |
(rr) Information that is exempt from disclosure under |
the Cannabis Regulation and Tax Act. |
(ss) Data reported by an employer to the Department of |
Human Rights pursuant to Section 2-108 of the Illinois |
Human Rights Act. |
(tt) Recordings made under the Children's Advocacy |
Center Act, except to the extent authorized under that |
Act. |
(uu) Information that is exempt from disclosure under |
Section 50 of the Sexual Assault Evidence Submission Act. |
(vv) Information that is exempt from disclosure under |
subsections (f) and (j) of Section 5-36 of the Illinois |
Public Aid Code. |
(ww) Information that is exempt from disclosure under |
Section 16.8 of the State Treasurer Act. |
(xx) Information that is exempt from disclosure or |
information that shall not be made public under the |
Illinois Insurance Code. |
(yy) Information prohibited from being disclosed under |
the Illinois Educational Labor Relations Act. |
(zz) Information prohibited from being disclosed under |
the Illinois Public Labor Relations Act. |
(aaa) Information prohibited from being disclosed |
under Section 1-167 of the Illinois Pension Code. |
|
(bbb) Information that is prohibited from disclosure |
by the Illinois Police Training Act and the Illinois State |
Police Act. |
(ccc) Records exempt from disclosure under Section
|
2605-304 of the Illinois State Police Law of the Civil
|
Administrative Code of Illinois. |
(ddd) Information prohibited from being disclosed |
under Section 35 of the Address Confidentiality for |
Victims of Domestic Violence, Sexual Assault, Human |
Trafficking, or Stalking Act. |
(eee) Information prohibited from being disclosed |
under subsection (b) of Section 75 of the Domestic |
Violence Fatality Review Act. |
(fff) Images from cameras under the Expressway Camera |
Act. This subsection (fff) is inoperative on and after |
July 1, 2025 2023 . |
(ggg) Information prohibited from disclosure under |
paragraph (3) of subsection (a) of Section 14 of the Nurse |
Agency Licensing Act. |
(hhh) Information submitted to the Illinois Department |
of State Police in an affidavit or application for an |
assault weapon endorsement, assault weapon attachment |
endorsement, .50 caliber rifle endorsement, or .50 caliber |
cartridge endorsement under the Firearm Owners |
Identification Card Act. |
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; |
|
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. |
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, |
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; |
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. |
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, |
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; |
102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. |
7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised |
2-13-23.)
|
Section 5. The Gun Trafficking Information Act is amended |
by changing Section 10-5 as follows:
|
(5 ILCS 830/10-5)
|
Sec. 10-5. Gun trafficking information.
|
(a) The Illinois State Police shall use all reasonable |
efforts , as allowed by State law and regulations, federal law |
and regulations, and executed Memoranda of Understanding |
between Illinois law enforcement agencies and the U.S. Bureau |
of Alcohol, Tobacco, Firearms and Explosives, in making |
publicly available, on a regular and ongoing
basis, key |
information related to firearms used in the
commission of |
crimes in this State, including, but not limited
to: reports |
on crimes committed with firearms, locations where
the crimes |
occurred, the number of persons killed or injured in
the |
commission of the crimes, the state where the firearms used
|
|
originated, the Federal Firearms Licensee that sold the |
firearm, the type of firearms used , if known , annual |
statistical information concerning Firearm Owner's |
Identification Card and concealed carry license applications, |
revocations, and compliance with Section 9.5 of the Firearm |
Owners Identification Card Act, the information required in |
the report or on the Illinois State Police's website under |
Section 85 of the Firearms Restraining Order Act firearm |
restraining order dispositions , and firearm dealer license |
certification inspections. The Illinois State Police
shall |
make the information available on its
website, which may be |
presented in a dashboard format, in addition to electronically |
filing a report with the
Governor and the General Assembly. |
The report to the General
Assembly shall be filed with the |
Clerk of the House of
Representatives and the Secretary of the |
Senate in electronic
form only, in the manner that the Clerk |
and the Secretary shall
direct.
|
(b) The Illinois State Police shall study, on a regular |
and ongoing basis, and compile reports on the number of |
Firearm Owner's Identification Card checks to determine |
firearms trafficking or straw purchase patterns. The Illinois |
State Police shall, to the extent not inconsistent with law, |
share such reports and underlying data with academic centers, |
foundations, and law enforcement agencies studying firearms |
trafficking, provided that personally identifying information |
is protected. For purposes of this subsection (b), a Firearm |
|
Owner's Identification Card number is not personally |
identifying information, provided that no other personal |
information of the card holder is attached to the record. The |
Illinois State Police may create and attach an alternate |
unique identifying number to each Firearm Owner's |
Identification Card number, instead of releasing the Firearm |
Owner's Identification Card number itself. |
(c) Each department, office, division, and agency of this
|
State shall, to the extent not inconsistent with law, |
cooperate
fully with the Illinois State Police and furnish the
|
Illinois State Police with all relevant information and |
assistance on a
timely basis as is necessary to accomplish the |
purpose of this
Act. The Illinois Criminal Justice Information |
Authority shall submit the information required in subsection |
(a) of this Section to the Illinois State Police, and any other |
information as the Illinois State Police may request, to |
assist the Illinois State Police in carrying out its duties |
under this Act.
|
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
102-813, eff. 5-13-22.)
|
Section 10. The Illinois State Police Law of the
Civil |
Administrative Code of Illinois is amended by changing |
Sections 2605-10, 2605-25, 2605-30, 2605-35, 2605-40, 2605-45, |
2605-51, 2605-52, 2605-200, and 2605-615 as follows:
|
|
(20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
|
Sec. 2605-10. Powers and duties, generally. |
(a) The Illinois State Police shall exercise the rights, |
powers, and duties that have been vested in the Illinois State |
Police by the following: |
The Illinois State Police Act. |
The Illinois State Police Radio Act. |
The Criminal Identification Act. |
The Illinois Vehicle Code. |
The Firearm Owners Identification Card Act. |
The Firearm Concealed Carry Act. |
The Firearm Dealer License Certification Act Gun Dealer |
Licensing Act . |
The Intergovernmental Missing Child Recovery Act of 1984. |
The Intergovernmental Drug Laws Enforcement Act. |
The Narcotic Control Division Abolition Act. |
The Illinois Uniform Conviction Information Act. |
The Murderer and Violent Offender Against Youth |
Registration Act. |
(b) The Illinois State Police shall have the
powers and |
duties set forth in the following Sections.
|
(c) The Illinois State Police shall exercise the rights, |
powers, and duties vested in the Illinois State Police to |
implement the following protective service functions for State |
facilities, State officials, and State employees serving in |
their official capacity: |
|
(1) Utilize subject matter expertise and law |
enforcement authority to strengthen the protection of |
State government facilities, State employees, State |
officials, and State critical infrastructure. |
(2) Coordinate State, federal, and local law |
enforcement activities involving the protection of State |
facilities, officials and employees. |
(3) Conduct investigations of criminal threats to |
State facilities, State critical infrastructure, State |
officials and State employees. |
(4) Train State officials and employees in personal |
protection, crime prevention, facility occupant emergency |
planning, and incident management. |
(5) Establish standard protocols for prevention and |
response to criminal threats to State facilities, State |
officials, State employees, State critical infrastructure, |
and standard protocols for reporting of suspicious |
activities. |
(6) Establish minimum operational standards, |
qualifications, training, and compliance requirements for |
State employees and contractors engaged in the protection |
of State facilities and employees. |
(7) At the request of departments or agencies of State |
government, conduct security assessments, including, but |
not limited to, examination of alarm systems, cameras |
systems, access points, personnel readiness, and emergency |
|
protocols based on risk and need. |
(8) Oversee the planning and implementation of |
security and law enforcement activities necessary for the |
protection of major, multi-jurisdictional events |
implicating potential criminal threats to State officials, |
State employees, or State-owned, State-leased, or |
State-operated critical infrastructure or facilities. |
(9) Oversee and direct the planning and implementation |
of security and law enforcement activities by the |
departments and agencies of the State necessary for the |
protection of State employees, State officials, and |
State-owned, State-leased, or State-operated critical |
infrastructure or facilities from criminal activity. |
(10) Advise the Governor and Homeland Security Advisor |
on any matters necessary for the effective protection of |
State facilities, critical infrastructure, officials, and |
employees from criminal threats. |
(11) Utilize intergovernmental agreements and |
administrative rules as needed for the effective, |
efficient implementation of law enforcement and support |
activities necessary for the protection of State |
facilities, State infrastructure, State officials, and |
State employees. |
(Source: P.A. 102-538, eff. 8-20-21.)
|
(20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
|
|
Sec. 2605-25. Illinois State Police divisions. |
(a) The Illinois State Police is divided into the Division |
of Statewide 9-1-1, the Division of Patrol Operations , the |
Division of Criminal Investigation, the Division of Forensic |
Services, the Division of Justice Services, the Division of |
the Academy and Training, and the Division of Internal |
Investigation. |
(b) The Office of the Director shall: |
(1) Exercise the rights, powers, and duties vested in |
the Illinois State Police by the Governor's Office of |
Management and Budget Act. |
(2) Exercise the rights, powers, and duties vested in |
the Illinois State Police by the Personnel Code. |
(3) Exercise the rights, powers, and duties vested in
|
the Illinois State Police
by "An Act relating to internal |
auditing in State government", approved
August 11, 1967 |
(repealed; now the Fiscal Control and Internal Auditing |
Act).
|
(4) Oversee the Executive Protection Unit. |
(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
|
(20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)
|
Sec. 2605-30. Division of Patrol Operations (formerly |
State Troopers). The
Division of Patrol Operations shall |
exercise the following
functions and those in Section 2605-35:
|
(1) Cooperate with federal and State authorities |
|
requesting
utilization
of the Illinois State Police's |
radio network system under the Illinois Aeronautics
Act.
|
(2) Exercise the rights, powers, and duties of the |
Illinois State
Police under the Illinois State Police Act.
|
(2.5) Provide uniformed patrol of Illinois highways |
and proactively enforce criminal and traffic laws.
|
(3) (Blank).
|
(4) Exercise the rights, powers, and duties of the |
Illinois State Police vested by
law in the Illinois State |
Police by the Illinois Vehicle
Code.
|
(5) Exercise other duties that have been or may be |
vested by law in the
Illinois State Police.
|
(6) Exercise other duties that may be assigned by the |
Director in order to
fulfill the responsibilities and to |
achieve the purposes of the Illinois State Police.
|
(7) Provide comprehensive law enforcement services to |
the public and to county, municipal, and federal law |
enforcement agencies, at their request. |
(8) Patrol Illinois highways with the intent to |
interdict crime and ensure traffic safety while assisting |
citizens during times of need. |
(Source: P.A. 102-538, eff. 8-20-21.)
|
(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
|
Sec. 2605-35. Division of Criminal
Investigation. |
(a) The Division of Criminal
Investigation shall exercise
|
|
the following functions and those in Section 2605-30:
|
(1) Exercise the rights, powers, and duties vested by
|
law in the Illinois State Police by the Illinois Horse |
Racing Act of 1975, including those set forth in Section |
2605-215.
|
(2) Investigate the origins, activities, personnel, |
and
incidents of crime and enforce the criminal laws of |
this State related thereto.
|
(3) Enforce all laws regulating the production, sale,
|
prescribing, manufacturing, administering, transporting, |
having in possession,
dispensing, delivering, |
distributing, or use of controlled substances
and |
cannabis.
|
(4) Cooperate with the police of cities, villages, and
|
incorporated towns and with the police officers of any |
county in
enforcing the laws of the State and in making |
arrests and recovering
property.
|
(5) Apprehend and deliver up any person charged in |
this State or any other
state with treason or a felony or |
other crime who has fled from justice and is
found in this |
State.
|
(6) Investigate recipients and providers under the |
Illinois Public Aid
Code and any personnel involved in the |
administration of the Code who are
suspected of any |
violation of the Code pertaining to fraud in the
|
administration, receipt, or provision of assistance and |
|
pertaining to any
violation of criminal law; and exercise |
the functions required under Section
2605-220 in the |
conduct of those investigations.
|
(7) Conduct other investigations as provided by law, |
including, but not limited to, investigations of human |
trafficking, illegal drug trafficking, and illegal |
firearms trafficking , and cyber crimes that can be |
investigated and prosecuted in Illinois .
|
(8) Investigate public corruption.
|
(9) Exercise other duties that may be assigned by the |
Director in order to
fulfill the responsibilities and |
achieve the purposes of the Illinois State Police, which |
may include the coordination of gang, terrorist, and |
organized crime prevention, control activities, and |
assisting local law enforcement in their crime control |
activities.
|
(10) Conduct investigations (and cooperate with |
federal law enforcement agencies in the investigation) of |
any property-related crimes, such as money laundering, |
involving individuals or entities listed on the sanctions |
list maintained by the U.S. Department of Treasury's |
Office of Foreign Asset Control. |
(11) Oversee Illinois State Police special weapons and |
tactics (SWAT) teams, including law enforcement response |
to weapons of mass destruction. |
(12) Oversee Illinois State Police air operations. |
|
(13) Investigate criminal domestic terrorism |
incidents, and otherwise deter all criminal threats to |
Illinois. |
(a-5) The Division of Criminal Investigation shall gather |
information, intelligence, and evidence to facilitate the |
identification, apprehension, and prosecution of persons |
responsible for committing crime; to provide specialized |
intelligence and analysis, investigative, tactical, and |
technological services in support of law enforcement |
operations throughout the State of Illinois; and to oversee |
and operate the statewide criminal intelligence fusion center. |
(b) (Blank).
|
(c) The Division of Criminal
Investigation shall provide |
statewide coordination and strategy pertaining to |
firearm-related intelligence, firearms trafficking |
interdiction, and investigations reaching across all divisions |
of the Illinois State Police, including providing crime gun |
intelligence support for suspects and firearms involved in |
firearms trafficking or the commission of a crime involving |
firearms that is investigated by the Illinois State Police and |
other federal, State, and local law enforcement agencies, with |
the objective of reducing and preventing illegal possession |
and use of firearms, firearms trafficking, firearm-related |
homicides, and other firearm-related violent crimes in |
Illinois. |
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; |
|
102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23.)
|
(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
|
Sec. 2605-40. Division of Forensic Services. The Division |
of
Forensic Services shall exercise the following functions:
|
(1) Provide crime scene services and traffic crash |
reconstruction.
|
(2) Exercise the rights, powers, and duties vested by
|
law in the Illinois State Police by Section 2605-300 of |
this Law.
|
(3) Provide assistance to local law enforcement |
agencies
through training, management, and consultant |
services.
|
(4) (Blank).
|
(5) Exercise other duties that may be assigned by the |
Director in
order to fulfill the responsibilities and |
achieve the purposes of the Illinois State Police.
|
(6) Establish and operate a forensic science |
laboratory system,
including a forensic toxicological |
laboratory service, for the purpose of
testing specimens |
submitted by coroners and other law enforcement officers
|
in their efforts to determine whether alcohol, drugs, or |
poisonous or other
toxic substances have been involved in |
deaths, accidents, or illness.
Forensic toxicological |
laboratories shall be established in Springfield,
Chicago, |
and elsewhere in the State as needed.
|
|
(6.5) Establish administrative rules in order to set |
forth standardized requirements for the disclosure of |
toxicology results and other relevant documents related to |
a toxicological analysis. These administrative rules are |
to be adopted to produce uniform and sufficient |
information to allow a proper, well-informed determination |
of the admissibility of toxicology evidence and to ensure |
that this evidence is presented competently. These |
administrative rules are designed to provide a minimum |
standard for compliance of toxicology evidence and are not |
intended to limit the production and discovery of material |
information. |
(7) Subject to specific appropriations made for these |
purposes, establish
and coordinate a system for providing |
accurate and expedited
forensic science and other |
investigative and laboratory services to local law
|
enforcement agencies and local State's Attorneys in aid of |
the investigation
and trial of capital cases. |
(8) Exercise the rights, powers, and duties vested by |
law in the Illinois State Police under the Sexual Assault |
Evidence Submission Act. |
(9) Serve as the State central repository for all |
genetic marker grouping analysis information and exercise |
the rights, powers, and duties vested by law in the |
Illinois State Police under Section 5-4-3 of the Unified |
Code of Corrections. |
|
(10) Issue reports required under Section 5-4-3a of |
the Unified Code of Corrections. |
(11) Oversee the Electronic Laboratory Information |
Management System under Section 5-4-3b of the Unified Code |
of Corrections.
|
(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21; |
102-813, eff. 5-13-22.)
|
(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
|
Sec. 2605-45. Division of Justice Services. The Division |
of
Justice Services shall provide administrative and technical |
services and support to the Illinois State Police, criminal |
justice agencies, and the public and shall exercise the
|
following functions:
|
(1) Operate and maintain the Law Enforcement Agencies |
Data System (LEADS), a statewide, computerized |
telecommunications system designed to provide services, |
information, and capabilities to the law enforcement and |
criminal justice community in the State of Illinois. The |
Director is responsible for establishing policy, |
procedures, and regulations consistent with State and |
federal rules, policies, and law by which LEADS operates. |
The Director shall designate a statewide LEADS |
Administrator for management of the system. The Director |
may appoint a LEADS Advisory Policy Board to reflect the |
needs and desires of the law enforcement and criminal |
|
justice community and to make recommendations concerning |
policies and procedures.
|
(2) Pursue research and the publication of studies |
pertaining
to local
law enforcement activities.
|
(3) Serve as the State's point of contact for the |
Federal Bureau of Investigation's Uniform Crime Reporting |
Program and National Incident-Based Reporting System.
|
(4) Operate an electronic data processing and computer |
center
for the
storage and retrieval of data pertaining to |
criminal activity.
|
(5) Exercise the rights, powers, and duties vested in
|
the Illinois State Police by the Cannabis Regulation and |
Tax Act and the Compassionate Use of Medical Cannabis |
Program Act.
|
(6) (Blank).
|
(6.5) Exercise the rights, powers, and duties vested |
in the Illinois State Police
by the Firearm Owners |
Identification Card Act, the Firearm Concealed Carry Act, |
the Firearm Transfer Inquiry Program, the prohibited |
persons portal under Section 2605-304, and the Firearm |
Dealer License Certification Act.
|
(7) Exercise other duties that may be assigned
by the |
Director to
fulfill the responsibilities and achieve the |
purposes of the Illinois State Police.
|
(8) Exercise the rights, powers, and duties vested by |
law in the Illinois State Police by the Criminal |
|
Identification Act and the Illinois Uniform Conviction |
Information Act . |
(9) Exercise the powers and perform the duties that |
have been vested
in the Illinois State Police by the |
Murderer and Violent Offender Against Youth Registration |
Act, the Sex Offender Registration Act , and
the Sex |
Offender
Community Notification Law and
adopt reasonable |
rules necessitated thereby. |
(10) Serve as the State central repository for |
criminal history record information. |
(11) Share all necessary information with the |
Concealed Carry Licensing Review Board and the Firearms |
Owner's Identification Card Review Board necessary for the |
execution of their duties. |
(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
|
(20 ILCS 2605/2605-51)
|
Sec. 2605-51. Division of the Academy and Training. |
(a) The Division of the Academy and Training shall |
exercise, but not be limited to, the following functions: |
(1) Oversee and operate the Illinois State Police |
Training Academy. |
(2) Train and prepare new officers for a career in law |
enforcement, with innovative, quality training and |
educational practices. |
(3) Offer continuing training and educational programs |
|
for Illinois State Police employees. |
(4) Oversee the Illinois State Police's recruitment |
initiatives. |
(5) Oversee and operate the Illinois State Police's |
quartermaster. |
(6) Duties assigned to the Illinois State Police in |
Article 5, Chapter 11 of the Illinois Vehicle Code |
concerning testing and training officers on the detection |
of impaired driving. |
(7) Duties assigned to the Illinois State Police in |
Article 108B of the Code of Criminal Procedure. |
(a-5) Successful completion of the Illinois State Police |
Academy satisfies the minimum standards pursuant to |
subsections (a), (b), and (d) of Section 7 of the Illinois |
Police Training Act and exempts State police officers from the |
Illinois Law Enforcement Training Standards Board's State |
Comprehensive Examination and Equivalency Examination. |
Satisfactory completion shall be evidenced by a commission or |
certificate issued to the officer. |
(b) The Division of the Academy and Training shall |
exercise the rights, powers, and duties vested in the former |
Division of State Troopers by Section 17 of the Illinois State |
Police Act. |
(c) Specialized training. |
(1) Training; cultural diversity. The Division of the |
Academy and Training shall provide training and continuing |
|
education to State police officers concerning cultural |
diversity, including sensitivity toward racial and ethnic |
differences. This training and continuing education shall |
include, but not be limited to, an emphasis on the fact |
that the primary purpose of enforcement of the Illinois |
Vehicle Code is safety and equal and uniform enforcement |
under the law. |
(2) Training; death and homicide investigations. The |
Division of the Academy and Training shall provide |
training in death and homicide investigation for State |
police officers. Only State police officers who |
successfully complete the training may be assigned as lead |
investigators in death and homicide investigations. |
Satisfactory completion of the training shall be evidenced |
by a certificate issued to the officer by the Division of |
the Academy and Training. The Director shall develop a |
process for waiver applications for officers whose prior |
training and experience as homicide investigators may |
qualify them for a waiver. The Director may issue a |
waiver, at his or her discretion, based solely on the |
prior training and experience of an officer as a homicide |
investigator. |
(A) The Division shall require all homicide |
investigator training to include instruction on |
victim-centered, trauma-informed investigation. This |
training must be implemented by July 1, 2023. |
|
(B) The Division shall cooperate with the Division |
of Criminal Investigation to develop a model |
curriculum on victim-centered, trauma-informed |
investigation. This curriculum must be implemented by |
July 1, 2023. |
(3) Training; police dog training standards. All |
police dogs used by the Illinois State Police for drug |
enforcement purposes pursuant to the Cannabis Control Act, |
the Illinois Controlled Substances Act, and the |
Methamphetamine Control and Community Protection Act shall |
be trained by programs that meet the certification |
requirements set by the Director or the Director's |
designee. Satisfactory completion of the training shall be |
evidenced by a certificate issued by the Division of the |
Academy and Training. |
(4) Training; post-traumatic stress disorder. The |
Division of the Academy and Training shall conduct or |
approve a training program in post-traumatic stress |
disorder for State police officers. The purpose of that |
training shall be to equip State police officers to |
identify the symptoms of post-traumatic stress disorder |
and to respond appropriately to individuals exhibiting |
those symptoms. |
(5) Training; opioid antagonists. The Division of the |
Academy and Training shall conduct or approve a training |
program for State police officers in the administration of |
|
opioid antagonists as defined in paragraph (1) of |
subsection (e) of Section 5-23 of the Substance Use |
Disorder Act that is in accordance with that Section. As |
used in this Section, "State police officers" includes |
full-time or part-time State police officers, |
investigators, and any other employee of the Illinois |
State Police exercising the powers of a peace officer. |
(6) Training; sexual assault and sexual abuse. |
(A) Every 3 years, the Division of the Academy and |
Training shall present in-service training on sexual |
assault and sexual abuse response and report writing |
training requirements, including, but not limited to, |
the following: |
(i) recognizing the symptoms of trauma; |
(ii) understanding the role trauma has played |
in a victim's life; |
(iii) responding to the needs and concerns of |
a victim; |
(iv) delivering services in a compassionate, |
sensitive, and nonjudgmental manner; |
(v) interviewing techniques in accordance with |
the curriculum standards in this paragraph (6); |
(vi) understanding cultural perceptions and |
common myths of sexual assault and sexual abuse; |
and |
(vii) report writing techniques in accordance |
|
with the curriculum standards in this paragraph |
(6). |
(B) This training must also be presented in all |
full and part-time basic law enforcement academies. |
(C) Instructors providing this training shall have |
successfully completed training on evidence-based, |
trauma-informed, victim-centered responses to cases of |
sexual assault and sexual abuse and have experience |
responding to sexual assault and sexual abuse cases. |
(D) The Illinois State Police shall adopt rules, |
in consultation with the Office of the Attorney |
General and the Illinois Law Enforcement Training |
Standards Board, to determine the specific training |
requirements for these courses, including, but not |
limited to, the following: |
(i) evidence-based curriculum standards for |
report writing and immediate response to sexual |
assault and sexual abuse, including |
trauma-informed, victim-centered interview |
techniques, which have been demonstrated to |
minimize retraumatization, for all State police |
officers; and |
(ii) evidence-based curriculum standards for |
trauma-informed, victim-centered investigation |
and interviewing techniques, which have been |
demonstrated to minimize retraumatization, for |
|
cases of sexual assault and sexual abuse for all |
State police officers who conduct sexual assault |
and sexual abuse investigations. |
(7) Training; human trafficking. The Division of the |
Academy and Training shall conduct or approve a training |
program in the detection and investigation of all forms of |
human trafficking, including, but not limited to, |
involuntary servitude under subsection (b) of Section 10-9 |
of the Criminal Code of 2012, involuntary sexual servitude |
of a minor under subsection (c) of Section 10-9 of the |
Criminal Code of 2012, and trafficking in persons under |
subsection (d) of Section 10-9 of the Criminal Code of |
2012. This program shall be made available to all cadets |
and State police officers. |
(8) Training; hate crimes. The Division of the Academy |
and Training shall provide training for State police |
officers in identifying, responding to, and reporting all |
hate crimes.
|
(d) The Division of the Academy and Training shall |
administer and conduct a program consistent with 18 U.S.C. |
926B and 926C for qualified active and retired Illinois State |
Police officers. |
(Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22; |
102-813, eff. 5-13-22.)
|
(20 ILCS 2605/2605-52) |
|
Sec. 2605-52. Division of Statewide 9-1-1. |
(a) There shall be established an Office of the Statewide |
9-1-1 Administrator within the Division of Statewide 9-1-1. |
Beginning January 1, 2016, the Office of the Statewide 9-1-1 |
Administrator shall be responsible for developing, |
implementing, and overseeing a uniform statewide 9-1-1 system |
for all areas of the State outside of municipalities having a |
population over 500,000. |
(b) The Governor shall appoint, with the advice and |
consent of the Senate, a Statewide 9-1-1 Administrator. The |
Administrator shall serve for a term of 2 years, and until a |
successor is appointed and qualified; except that the term of |
the first 9-1-1 Administrator appointed under this Act shall |
expire on the third Monday in January, 2017. The Administrator |
shall not hold any other remunerative public office. The |
Administrator shall receive an annual salary as set by the |
Governor.
|
(c) The Illinois State Police, from appropriations made to |
it for that purpose, shall make grants to 9-1-1 Authorities |
for the purpose of defraying costs associated with 9-1-1 |
system consolidations awarded by the Administrator under |
Section 15.4b of the Emergency Telephone System Act. |
(d) The Division of Statewide 9-1-1 shall exercise the |
rights, powers, and duties vested by law in the Illinois State |
Police by the State Police Radio Act and shall oversee the |
Illinois State Police radio network, including the Illinois |
|
State Police Emergency Radio Network and Illinois State |
Police's STARCOM21 . |
(e) The Division of Statewide 9-1-1 shall also conduct the |
following communication activities: |
(1) Acquire and operate one or more radio broadcasting |
stations in the State to be used for police purposes. |
(2) Operate a statewide communications network to |
gather and disseminate information for law enforcement |
agencies. |
(3) Undertake other communication activities that may |
be required by law. |
(4) Oversee Illinois State Police telecommunications. |
(f) The Division of Statewide 9-1-1 shall oversee the |
Illinois State Police fleet operations. |
(Source: P.A. 102-538, eff. 8-20-21.)
|
(20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
|
Sec. 2605-200. Investigations of crime; enforcement of |
laws; records; crime laboratories; personnel.
|
(a) To do the following:
|
(1) Investigate the origins, activities, personnel, |
and
incidents of crime and the ways and means to redress |
the victims of
crimes; study the impact, if any, of |
legislation relative to the
effusion of crime and growing |
crime rates; and enforce the criminal
laws
of this State |
related thereto.
|
|
(2) Enforce all laws regulating the
production, sale, |
prescribing, manufacturing, administering,
transporting, |
having in possession, dispensing, delivering,
|
distributing, or use of controlled substances and |
cannabis.
|
(3) Employ
skilled experts, scientists, technicians, |
investigators, or otherwise
specially qualified persons to |
aid in preventing or detecting crime,
apprehending |
criminals, or preparing and presenting evidence of
|
violations of the criminal laws of the State.
|
(4) Cooperate with the
police of cities, villages, and |
incorporated towns and with the police
officers of any |
county in enforcing the laws of the State and in making
|
arrests and recovering property.
|
(5) Apprehend and deliver up any person
charged in |
this State or any other state of the United States with
|
treason or a felony or other crime who has fled from
|
justice and is found
in this State.
|
(6) Conduct other investigations as
provided by law.
|
(7) Be a central repository and custodian of criminal |
statistics for the State. |
(8) Be a central repository for criminal history |
record information. |
(9) Procure and file for record information that is |
necessary and helpful to plan programs of crime |
prevention, law enforcement, and criminal justice. |
|
(10) Procure and file for record copies of |
fingerprints that may be required by law. |
(11) Establish general and field crime laboratories. |
(12) Register and file for record information that may |
be required by law for the issuance of firearm owner's |
identification cards under the Firearm Owners |
Identification Card Act and concealed carry licenses under |
the Firearm Concealed Carry Act. |
(13) Employ laboratory technicians and other specially |
qualified persons to aid in the identification of criminal |
activity and the identification, collection, and recovery |
of cyber forensics, including , but not limited to , digital |
evidence, and may employ polygraph operators and forensic |
anthropologists . |
(14) Undertake other identification, information, |
laboratory, statistical, or registration activities that |
may be required by law. |
(b) Persons exercising the powers set forth in
subsection |
(a) within the Illinois State Police
are conservators of the |
peace and as such have all the powers possessed
by policemen in |
cities and sheriffs, except that they may exercise those
|
powers anywhere in the State in cooperation with and after |
contact with
the local law enforcement officials. Those |
persons may use false
or
fictitious names in the performance |
of their duties under this Section,
upon approval of the |
Director, and shall not be subject to prosecution
under the |
|
criminal laws for that use.
|
(Source: P.A. 102-538, eff. 8-20-21.)
|
(20 ILCS 2605/2605-615) |
Sec. 2605-615. Illinois Forensic Science Commission. |
(a) Creation. There is created within the Illinois State |
Police the Illinois Forensic Science Commission. |
(b) Duties and purpose. The Commission shall: |
(1) Provide guidance to ensure the efficient delivery |
of forensic services and the sound practice of forensic |
science. |
(2) Provide a forum for discussions between forensic |
science stakeholders to improve communication and |
coordination and to monitor the important issues impacting |
all stakeholders. |
(3) Take a systems-based approach in reviewing all |
aspects of the delivery of forensic services and the sound |
practice of forensic science with the goal of reducing or |
eliminating the factors and inefficiencies that contribute |
to backlogs and errors, with a focus on education and |
training, funding, hiring, procurement, and other aspects |
identified by the Commission. |
(4) Review significant non-conformities with the sound |
practice of forensic science documented by each publicly |
funded forensic laboratory and offer recommendations for |
the correction thereof. |
|
(5) Subject to appropriation, provide educational, |
research, and professional training opportunities for |
practicing forensic scientists, police officers, judges, |
State's Attorneys and Assistant State's Attorneys, Public |
Defenders, and defense attorneys comporting with the sound |
practice of forensic science. |
(6) Collect and analyze information related to the |
impact of current laws, rules, policies, and practices on |
forensic crime laboratories and the practice of forensic |
science; evaluate the impact of those laws, rules, |
policies, and practices on forensic crime laboratories and |
the practice of forensic science; identify new policies |
and approaches, together with changes in science, and |
technology; and make recommendations for changes to those |
laws, rules, policies, and practices that will yield |
better results in the criminal justice system consistent |
with the sound practice of forensic science. |
(7) Perform such other studies or tasks pertaining to |
forensic crime laboratories as may be requested by the |
General Assembly by resolution or the Governor, and |
perform such other functions as may be required by law or |
as are necessary to carry out the purposes and goals of the |
Commission prescribed in this Section. |
(8) Ensure that adequate resources and facilities are |
available for carrying out the changes proposed in |
legislation, rules, or policies and that rational |
|
priorities are established for the use of those resources. |
To do so, the Commission may prepare statements to the |
Governor and General Assembly identifying the fiscal and |
practical effects of proposed legislation, rules, or |
policy changes. Such statements may include, but are not |
limited to: the impact on present levels of staffing and |
resources; a professional opinion on the practical value |
of the change or changes; the increase or decrease the |
number of crime laboratories; the increase or decrease the |
cost of operating crime laboratories; the impact on |
efficiencies and caseloads; other information, including |
but not limited to, facts, data, research, and science |
relevant to the legislation, rule, or policy; the direct |
or indirect alteration in any process involving or used by |
crime laboratories of such proposed legislation, rules, or |
policy changes; an analysis of the impact, either directly |
or indirectly, on the technology, improvements, or |
practices of forensic analyses for use in criminal |
proceedings; together with the direct or indirect impact |
on headcount, space, equipment, instruments, |
accreditation, the volume of cases for analysis, |
scientific controls, and quality assurance. |
(c) Members. The Commission shall be composed of the |
Director of the Illinois State Police, or his or her designee, |
together with the following members appointed for a term of 4 |
years by the Governor with the advice and consent of the |
|
Senate: |
(1) One crime laboratory director or administrator |
from each publicly funded forensic laboratory system. |
(2) One member with experience in the admission of |
forensic evidence in trials from a statewide association |
representing prosecutors. |
(3) One member with experience in the admission of |
forensic evidence in trials from a statewide association |
representing criminal defense attorneys. |
(4) Three forensic scientists with bench work |
background from various forensic disciplines (e.g., DNA, |
chemistry, pattern evidence, etc.). |
(5) One retired circuit court judge or associate |
circuit court judge with criminal trial experience, |
including experience in the admission of forensic evidence |
in trials. |
(6) One academic specializing in the field of forensic |
sciences. |
(7) One or more community representatives (e.g., |
victim advocates, innocence project organizations, sexual |
assault examiners, etc.). |
(8) One member who is a medical examiner or coroner. |
The Governor shall designate one of the members of the |
Commission to serve as the chair of the Commission. The |
members of the Commission shall elect from their number such |
other officers as they may determine. Members of the |
|
Commission shall serve without compensation, but may be |
reimbursed for reasonable expenses incurred in the performance |
of their duties from funds appropriated for that purpose. |
(d) Subcommittees. The Commission may form subcommittees |
to study specific issues identified under paragraph (3) of |
subsection (b), including, but not limited to, subcommittees |
on education and training, procurement, funding and hiring. Ad |
hoc subcommittees may also be convened to address other |
issues. Such subcommittees shall meet as needed to complete |
their work, and shall report their findings back to the |
Commission. Subcommittees shall include members of the |
Commission, and may also include non-members such as forensic |
science stakeholders and subject matter experts. |
(e) Meetings. The Commission shall meet quarterly, at the |
call of the chairperson. Facilities for meeting, whether |
remotely or in person, shall be provided for the Commission by |
the Illinois State Police. |
(f) Reporting by publicly funded forensic laboratories. |
All State and local publicly funded forensic laboratory |
systems, including, but not limited to, the DuPage County |
Forensic Science Center, the Northeastern Illinois Regional |
Crime Laboratory, and the Illinois State Police, shall |
annually provide to the Commission a report summarizing its |
significant non-conformities with the efficient delivery of |
forensic services and the sound practice of forensic science. |
The report will identify:
each significant non-conformity or |
|
deficient method;
how the non-conformity or deficient method |
was detected;
the nature and extent of the non-conformity or |
deficient method;
all corrective actions implemented to |
address the non-conformity or deficient method;
and an |
analysis of the effectiveness of the corrective actions taken. |
(g) Definition. As used in this Section, "Commission" |
means the Illinois Forensic Science Commission.
|
(Source: P.A. 102-523, eff. 8-20-21.)
|
Section 15. The Illinois State Police Act is amended by |
changing Sections 16 and 20 as follows:
|
(20 ILCS 2610/16) (from Ch. 121, par. 307.16)
|
Sec. 16.
State policemen shall enforce the provisions of |
The Illinois
Vehicle Code, approved September 29, 1969, as |
amended,
and Article 9 of the "Illinois Highway Code" as |
amended; and shall patrol the
public highways and rural |
districts to make arrests for violations of the
provisions of |
such Acts. They are conservators of the peace and as such
have |
all powers possessed by policemen in cities, and sheriffs, |
except that
they may exercise such powers anywhere in this |
State. The State policemen
shall cooperate with the police of |
cities, villages and incorporated towns,
and with the police |
officers of any county, in enforcing the laws of the
State and |
in making arrests and recovering property. They may be |
equipped
with standardized and tested devices for weighing |
|
motor vehicles and may
stop and weigh, acting reasonably, or |
cause to be weighed, any motor
vehicle which appears to weigh |
in excess of the weight permitted by law. It
shall also be the |
duty of the Illinois State Police to determine, whenever |
possible,
the person or persons or the causes responsible for |
the breaking or
destruction of any improved hard-surfaced |
roadway; to arrest all persons
criminally responsible for such |
breaking or destruction and bring them
before the proper |
officer for trial. The Illinois State Police
shall divide the |
State into zones, troops, or regions Districts and assign each |
zone, troop, or region district to one or
more policemen. No |
person employed under this Act, however, shall serve or
|
execute civil process, except for process issued under the |
authority of the
General Assembly, or a committee or |
commission thereof vested with subpoena
powers when the county |
sheriff refuses or fails to serve such process, and
except for |
process allowed by statute or issued under the authority of |
the Illinois Department of Revenue.
|
(Source: P.A. 102-538, eff. 8-20-21.)
|
(20 ILCS 2610/20) (from Ch. 121, par. 307.18a)
|
Sec. 20.
The Illinois State Police from time to time may |
enter into contracts with
The Illinois State Toll Highway |
Authority, hereinafter
called the Authority, with respect to |
the policing of
toll highways by the Illinois State Police. |
Such contracts shall provide among other
matters for the |
|
compensation or reimbursement of the Illinois State Police by |
the
Authority for the costs incurred by this State with |
respect
to such policing service, including, but not limited |
to, the costs of: (1)
compensation and training of the State |
policemen and the clerical employees
assigned to such policing |
service; and (2) uniforms, equipment, and supplies , which |
shall be Illinois State Police property,
and housing used by |
such personnel; and (3) reimbursement of such sums as
the |
State expends in connection with payments of claims for |
injuries or
illnesses suffered by such personnel in the line |
of duty. Each such contract
may provide for the methods of |
ascertaining such costs, and shall be of
such duration and may |
contain such other appropriate terms as the Illinois State |
Police
and the Authority may agree upon. The Illinois State |
Police is not
obliged to furnish policing service on any |
highway under the jurisdiction of the
Authority except as |
required by contract.
|
(Source: P.A. 102-538, eff. 8-20-21.)
|
Section 20. The Illinois State Police Radio Act is amended |
by changing Section 10 as follows:
|
(20 ILCS 2615/10) |
Sec. 10. Public safety radio interoperability. Upon their |
establishment and thereafter, the Director of the Illinois |
State Police, or his or her designee, shall serve as the |
|
chairman of the Illinois Statewide Interoperability Executive |
Committee (SIEC) and as the chairman of the STARCOM21 |
Oversight Committee. The Director or his or her designee , as |
chairman, may increase the size and makeup of the voting |
membership of each committee when deemed necessary for |
improved public safety radio interoperability, but the voting |
membership of each committee must represent public safety |
users (police, fire, or EMS) and must, at a minimum, include |
the representatives specified in this Section. |
The STARCOM21 Oversight Committee must comprise public |
safety users accessing the system and shall include the |
Statewide Interoperability Coordinator. The members of the |
STARCOM21 Oversight Committee shall serve without compensation |
and may, at the call of the Chair, meet in person or remotely. |
The Illinois State Police shall provide administrative and |
other support to the STARCOM21 Oversight Committee. The |
STARCOM21 Oversight Committee shall: |
(1) review existing statutory law and make |
recommendations for legislative changes to ensure |
efficient, effective, reliable, and sustainable radio |
interoperability statewide; |
(2) make recommendations concerning better integration |
of the Integrated Public Alert and Warning System |
statewide; and |
(3) develop a plan to sustainably fund radio |
infrastructure, radio equipment, and interoperability |
|
statewide . |
The SIEC shall have at a minimum one representative from |
each of the following: the Illinois Fire Chiefs Association, |
the Rural Fire Protection Association, the Office of the State |
Fire Marshal, the Illinois Association of Chiefs of Police, |
the Illinois Sheriffs' Association, the Illinois State Police, |
the Illinois Emergency Management Agency, the Department of |
Public Health, and the Secretary of State Police (which |
representative shall be the Director of the Secretary of State |
Police or his or her designee).
|
(Source: P.A. 102-538, eff. 8-20-21.)
|
Section 25. The State Finance Act is amended by changing |
Sections 6z-82, 6z-127, and 8.3 as follows:
|
(30 ILCS 105/6z-82) |
Sec. 6z-82. State Police Operations Assistance Fund. |
(a) There is created in the State treasury a special fund |
known as the State Police Operations Assistance Fund. The Fund |
shall receive revenue under the Criminal and Traffic |
Assessment Act. The Fund may also receive revenue from grants, |
donations, appropriations, and any other legal source. |
(a-5) Notwithstanding any other provision of law to the |
contrary, and in addition to any other transfers that may be |
provided by law, on August 20, 2021 (the effective date of |
Public Act 102-505), or as soon thereafter as practical, the |
|
State Comptroller shall direct and the State Treasurer shall |
transfer the remaining balance from the Over Dimensional Load |
Police Escort Fund into the State Police Operations Assistance |
Fund. Upon completion of the transfer, the Over Dimensional |
Load Police Escort Fund is dissolved, and any future deposits |
due to that Fund and any outstanding obligations or |
liabilities of that Fund shall pass to the State Police |
Operations Assistance Fund. |
This Fund may charge, collect, and receive fees or moneys |
as described in Section 15-312 of the Illinois Vehicle Code, |
and receive all fees received by the Illinois State Police |
under that Section. The moneys shall be used by the Illinois |
State Police for its expenses in providing police escorts and |
commercial vehicle enforcement activities. |
(b) The Illinois State Police may use moneys in the Fund to |
finance any of its lawful purposes or functions. |
(c) Expenditures may be made from the Fund only as |
appropriated by the General Assembly by law. |
(d) Investment income that is attributable to the |
investment of moneys in the Fund shall be retained in the Fund |
for the uses specified in this Section. |
(e) The State Police Operations Assistance Fund shall not |
be subject to administrative chargebacks.
|
(f) (Blank). |
(g) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2021, in addition to any |
|
other transfers that may be provided for by law, at the |
direction of and upon notification from the Director of the |
Illinois State Police, the State Comptroller shall direct and |
the State Treasurer shall transfer amounts not exceeding |
$7,000,000 into the State Police Operations Assistance Fund |
from the State Police Services Fund. |
(h) Notwithstanding any other provision of law, in
|
addition to any other transfers that may be provided by law, on
|
the effective date of this amendatory Act of the 103rd General
|
Assembly, or as soon thereafter as practical, the State
|
Comptroller shall direct and the State Treasurer shall |
transfer
the remaining balance from the State Police |
Streetgang-Related Crime Fund to the State Police Operations |
Assistance Fund. Upon completion of the
transfers, the State |
Police Streetgang-Related Crime Fund is dissolved,
and any |
future deposits into the State Police Streetgang-Related Crime |
Fund and any outstanding
obligations or liabilities of the |
State Police Streetgang-Related Crime Fund pass to the State |
Police Operations Assistance Fund. |
(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21; |
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
(30 ILCS 105/6z-127)
|
Sec. 6z-127. State Police Revocation Enforcement Fund. |
(a) The State Police Revocation Enforcement Fund is |
established as a special fund in the State treasury. This Fund |
|
is established to receive moneys from the Firearm Owners |
Identification Card Act to enforce that Act, the Firearm |
Concealed Carry Act, Article 24 of the Criminal Code of 2012, |
and other firearm offenses. The Fund may also receive revenue |
from grants, donations, appropriations, and any other legal |
source. |
(b) The Illinois State Police may use moneys from the Fund |
to establish task forces and, if necessary, include other law |
enforcement agencies, under intergovernmental contracts |
written and executed in conformity with the Intergovernmental |
Cooperation Act. |
(c) The Illinois State Police may use moneys in the Fund to |
hire and train State Police officers and for the prevention of |
violent crime. |
(d) The State Police Revocation Enforcement Fund is not |
subject to administrative chargebacks. |
(e) Law enforcement agencies that participate in Firearm |
Owner's Identification Card revocation enforcement in the |
Violent Crime Intelligence Task Force may apply for grants |
from the Illinois State Police.
|
(f) Any surplus in the Fund beyond what is necessary to |
ensure compliance with subsections (a) through (e) or moneys |
that are specifically appropriated for those purposes shall be |
used by the Illinois State Police to award grants to assist |
with the data reporting requirements of the Gun Trafficking |
Information Act. |
|
(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.)
|
(30 ILCS 105/8.3) (from Ch. 127, par. 144.3) |
Sec. 8.3. Money in the Road Fund shall, if and when the |
State of
Illinois incurs any bonded indebtedness for the |
construction of
permanent highways, be set aside and used for |
the purpose of paying and
discharging annually the principal |
and interest on that bonded
indebtedness then due and payable, |
and for no other purpose. The
surplus, if any, in the Road Fund |
after the payment of principal and
interest on that bonded |
indebtedness then annually due shall be used as
follows: |
first -- to pay the cost of administration of Chapters |
2 through 10 of
the Illinois Vehicle Code, except the cost |
of administration of Articles I and
II of Chapter 3 of that |
Code, and to pay the costs of the Executive Ethics |
Commission for oversight and administration of the Chief |
Procurement Officer appointed under paragraph (2) of |
subsection (a) of Section 10-20 of the Illinois |
Procurement Code for transportation; and |
secondly -- for expenses of the Department of |
Transportation for
construction, reconstruction, |
improvement, repair, maintenance,
operation, and |
administration of highways in accordance with the
|
provisions of laws relating thereto, or for any purpose |
related or
incident to and connected therewith, including |
the separation of grades
of those highways with railroads |
|
and with highways and including the
payment of awards made |
by the Illinois Workers' Compensation Commission under the |
terms of
the Workers' Compensation Act or Workers' |
Occupational Diseases Act for
injury or death of an |
employee of the Division of Highways in the
Department of |
Transportation; or for the acquisition of land and the
|
erection of buildings for highway purposes, including the |
acquisition of
highway right-of-way or for investigations |
to determine the reasonably
anticipated future highway |
needs; or for making of surveys, plans,
specifications and |
estimates for and in the construction and maintenance
of |
flight strips and of highways necessary to provide access |
to military
and naval reservations, to defense industries |
and defense-industry
sites, and to the sources of raw |
materials and for replacing existing
highways and highway |
connections shut off from general public use at
military |
and naval reservations and defense-industry sites, or for |
the
purchase of right-of-way, except that the State shall |
be reimbursed in
full for any expense incurred in building |
the flight strips; or for the
operating and maintaining of |
highway garages; or for patrolling and
policing the public |
highways and conserving the peace; or for the operating |
expenses of the Department relating to the administration |
of public transportation programs; or, during fiscal year |
2022, for the purposes of a grant not to exceed $8,394,800 |
to the Regional Transportation Authority on behalf of PACE |
|
for the purpose of ADA/Para-transit expenses; or, during |
fiscal year 2023, for the purposes of a grant not to exceed |
$8,394,800 to the Regional Transportation Authority on |
behalf of PACE for the purpose of ADA/Para-transit |
expenses; or for any of
those purposes or any other |
purpose that may be provided by law. |
Appropriations for any of those purposes are payable from |
the Road
Fund. Appropriations may also be made from the Road |
Fund for the
administrative expenses of any State agency that |
are related to motor
vehicles or arise from the use of motor |
vehicles. |
Beginning with fiscal year 1980 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: |
1. Department of Public Health; |
2. Department of Transportation, only with respect to |
subsidies for
one-half fare Student Transportation and |
Reduced Fare for Elderly, except fiscal year 2022 when no |
more than $17,570,000 may be expended and except fiscal |
year 2023 when no more than $17,570,000 may be expended; |
3. Department of Central Management
Services, except |
for expenditures
incurred for group insurance premiums of |
appropriate personnel; |
|
4. Judicial Systems and Agencies. |
Beginning with fiscal year 1981 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: |
1. Illinois State Police, except for expenditures with
|
respect to the Division of Patrol Operations and Division |
of Criminal Investigation; |
2. Department of Transportation, only with respect to |
Intercity Rail
Subsidies, except fiscal year 2022 when no |
more than $50,000,000 may be expended and except fiscal |
year 2023 when no more than $55,000,000 may be expended, |
and Rail Freight Services. |
Beginning with fiscal year 1982 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: Department
of Central |
Management Services, except for awards made by
the Illinois |
Workers' Compensation Commission under the terms of the |
Workers' Compensation Act
or Workers' Occupational Diseases |
Act for injury or death of an employee of
the Division of |
Highways in the Department of Transportation. |
|
Beginning with fiscal year 1984 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: |
1. Illinois State Police, except not more than 40% of |
the
funds appropriated for the Division of Patrol |
Operations and Division of Criminal Investigation; |
2. State Officers. |
Beginning with fiscal year 1984 and thereafter, no Road |
Fund monies
shall be appropriated to any Department or agency |
of State government
for administration, grants, or operations |
except as provided hereafter;
but this limitation is not a |
restriction upon appropriating for those
purposes any Road |
Fund monies that are eligible for federal
reimbursement. It |
shall not be lawful to circumvent the above
appropriation |
limitations by governmental reorganization or other
methods. |
Appropriations shall be made from the Road Fund only in
|
accordance with the provisions of this Section. |
Money in the Road Fund shall, if and when the State of |
Illinois
incurs any bonded indebtedness for the construction |
of permanent
highways, be set aside and used for the purpose of |
paying and
discharging during each fiscal year the principal |
and interest on that
bonded indebtedness as it becomes due and |
payable as provided in the
Transportation Bond Act, and for no |
|
other
purpose. The surplus, if any, in the Road Fund after the |
payment of
principal and interest on that bonded indebtedness |
then annually due
shall be used as follows: |
first -- to pay the cost of administration of Chapters |
2 through 10
of the Illinois Vehicle Code; and |
secondly -- no Road Fund monies derived from fees, |
excises, or
license taxes relating to registration, |
operation and use of vehicles on
public highways or to |
fuels used for the propulsion of those vehicles,
shall be |
appropriated or expended other than for costs of |
administering
the laws imposing those fees, excises, and |
license taxes, statutory
refunds and adjustments allowed |
thereunder, administrative costs of the
Department of |
Transportation, including, but not limited to, the |
operating expenses of the Department relating to the |
administration of public transportation programs, payment |
of debts and liabilities incurred
in construction and |
reconstruction of public highways and bridges,
acquisition |
of rights-of-way for and the cost of construction,
|
reconstruction, maintenance, repair, and operation of |
public highways and
bridges under the direction and |
supervision of the State, political
subdivision, or |
municipality collecting those monies, or during fiscal |
year 2022 for the purposes of a grant not to exceed |
$8,394,800 to the Regional Transportation Authority on |
behalf of PACE for the purpose of ADA/Para-transit |
|
expenses, or during fiscal year 2023 for the purposes of a |
grant not to exceed $8,394,800 to the Regional |
Transportation Authority on behalf of PACE for the purpose |
of ADA/Para-transit expenses, and the costs for
patrolling |
and policing the public highways (by the State, political
|
subdivision, or municipality collecting that money) for |
enforcement of
traffic laws. The separation of grades of |
such highways with railroads
and costs associated with |
protection of at-grade highway and railroad
crossing shall |
also be permissible. |
Appropriations for any of such purposes are payable from |
the Road
Fund or the Grade Crossing Protection Fund as |
provided in Section 8 of
the Motor Fuel Tax Law. |
Except as provided in this paragraph, beginning with |
fiscal year 1991 and
thereafter, no Road Fund monies
shall be |
appropriated to the Illinois State Police for the purposes of
|
this Section in excess of its total fiscal year 1990 Road Fund
|
appropriations for those purposes unless otherwise provided in |
Section 5g of
this Act.
For fiscal years 2003,
2004, 2005, |
2006, and 2007 only, no Road Fund monies shall
be appropriated |
to the
Department of State Police for the purposes of this |
Section in excess of
$97,310,000.
For fiscal year 2008 only, |
no Road
Fund monies shall be appropriated to the Department of |
State Police for the purposes of
this Section in excess of |
$106,100,000. For fiscal year 2009 only, no Road Fund monies |
shall be appropriated to the Department of State Police for |
|
the purposes of this Section in excess of $114,700,000. |
Beginning in fiscal year 2010, no road fund moneys shall be |
appropriated to the Illinois State Police. It shall not be |
lawful to circumvent this limitation on
appropriations by |
governmental reorganization or other methods unless
otherwise |
provided in Section 5g of this Act. |
In fiscal year 1994, no Road Fund monies shall be |
appropriated
to the
Secretary of State for the purposes of |
this Section in excess of the total
fiscal year 1991 Road Fund |
appropriations to the Secretary of State for
those purposes, |
plus $9,800,000. It
shall not be
lawful to circumvent
this |
limitation on appropriations by governmental reorganization or |
other
method. |
Beginning with fiscal year 1995 and thereafter, no Road |
Fund
monies
shall be appropriated to the Secretary of State |
for the purposes of this
Section in excess of the total fiscal |
year 1994 Road Fund
appropriations to
the Secretary of State |
for those purposes. It shall not be lawful to
circumvent this |
limitation on appropriations by governmental reorganization
or |
other methods. |
Beginning with fiscal year 2000, total Road Fund |
appropriations to the
Secretary of State for the purposes of |
this Section shall not exceed the
amounts specified for the |
following fiscal years: |
|
Fiscal Year 2000 | $80,500,000; | |
Fiscal Year 2001 | $80,500,000; | |
|
|
Fiscal Year 2002 | $80,500,000; | |
Fiscal Year 2003 | $130,500,000; | |
Fiscal Year 2004 | $130,500,000; | |
Fiscal Year 2005 | $130,500,000;
| |
Fiscal Year 2006
| $130,500,000;
| |
Fiscal Year 2007
| $130,500,000;
| |
Fiscal Year 2008 | $130,500,000; | |
Fiscal Year 2009 | $130,500,000. |
|
For fiscal year 2010, no road fund moneys shall be |
appropriated to the Secretary of State. |
Beginning in fiscal year 2011, moneys in the Road Fund |
shall be appropriated to the Secretary of State for the |
exclusive purpose of paying refunds due to overpayment of fees |
related to Chapter 3 of the Illinois Vehicle Code unless |
otherwise provided for by law. |
It shall not be lawful to circumvent this limitation on |
appropriations by
governmental reorganization or other |
methods. |
No new program may be initiated in fiscal year 1991 and
|
thereafter that is not consistent with the limitations imposed |
by this
Section for fiscal year 1984 and thereafter, insofar |
as appropriation of
Road Fund monies is concerned. |
Nothing in this Section prohibits transfers from the Road |
Fund to the
State Construction Account Fund under Section 5e |
of this Act; nor to the
General Revenue Fund, as authorized by |
Public Act 93-25. |
|
The additional amounts authorized for expenditure in this |
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
|
shall be repaid to the Road Fund
from the General Revenue Fund |
in the next succeeding fiscal year that the
General Revenue |
Fund has a positive budgetary balance, as determined by
|
generally accepted accounting principles applicable to |
government. |
The additional amounts authorized for expenditure by the |
Secretary of State
and
the Department of State Police in this |
Section by Public Act 94-91 shall be repaid to the Road Fund |
from the General Revenue Fund in the
next
succeeding fiscal |
year that the General Revenue Fund has a positive budgetary
|
balance,
as determined by generally accepted accounting |
principles applicable to
government. |
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff. |
4-19-22; 102-813, eff. 5-13-22.)
|
(30 ILCS 105/5.783 rep.) |
(30 ILCS 105/8p rep.) |
Section 30. The State Finance Act is amended by repealing |
Sections 5.783 and 8p.
|
Section 31. The Intergovernmental Drug Laws Enforcement |
Act is amended by changing Section 3 as follows:
|
|
(30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
|
Sec. 3.
A Metropolitan Enforcement Group which meets the |
minimum
criteria established in this Section is eligible to |
receive State grants
to help defray the costs of operation. To |
be eligible a MEG must:
|
(1) Be established and operating pursuant to |
intergovernmental
contracts written and executed in |
conformity with the Intergovernmental
Cooperation Act, and |
involve 2 or more units of local government.
|
(2) Establish a MEG Policy Board composed of an |
elected official, or
his designee, and the chief law |
enforcement officer, or his designee,
from each |
participating unit of local government to oversee the
|
operations of the MEG and make such reports to the |
Illinois State
Police as the Illinois State
Police may |
require.
|
(3) Designate a single appropriate elected official of |
a
participating unit of local government to act as the |
financial officer
of the MEG for all participating units |
of local government and to
receive funds for the operation |
of the MEG.
|
(4) Limit its operations to enforcement of drug laws; |
enforcement of
Sections 10-9, 24-1, 24-1.1, 24-1.2, |
24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1,
24-2.2, 24-3, |
24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, |
24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the
Criminal Code |
|
of 2012; Sections 2, 3, 6.1, 9.5, and 14 of the Firearm |
Owners Identification Card Act; and the investigation of |
streetgang related offenses.
|
(5) Cooperate with the Illinois State Police in order |
to
assure compliance with this Act and to enable the |
Illinois State
Police to fulfill
its duties under this |
Act, and supply the Illinois State
Police with all
|
information the Illinois State
Police deems necessary |
therefor.
|
(6) Receive funding of at least 50% of the total |
operating budget of
the MEG from the participating units |
of local government.
|
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
102-813, eff. 5-13-22.)
|
Section 35. The School Code is amended by changing Section |
10-27.1A as follows:
|
(105 ILCS 5/10-27.1A)
|
Sec. 10-27.1A. Firearms in schools.
|
(a) All school officials, including teachers, school |
counselors, and
support staff, shall immediately notify the |
office of the principal in the
event that they observe any |
person in possession of a firearm on school
grounds; provided |
that taking such immediate action to notify the office of the
|
principal would not immediately endanger the health, safety, |
|
or welfare of
students who are under the direct supervision of |
the school official or the
school official. If the health, |
safety, or welfare of students under the
direct supervision of |
the school official or of the school official is
immediately |
endangered, the school official shall notify the office of the
|
principal as soon as the students under his or her supervision |
and he or she
are no longer under immediate danger. A report is |
not required by this Section
when the school official knows |
that the person in possession of the firearm is
a law |
enforcement official engaged in the conduct of his or her |
official
duties. Any school official acting in good faith who |
makes such a report under
this Section shall have immunity |
from any civil or criminal liability that
might otherwise be |
incurred as a result of making the report. The identity of
the |
school official making such report shall not be disclosed |
except as
expressly and specifically authorized by law. |
Knowingly and willfully failing
to comply with this Section is |
a petty offense. A second or subsequent offense
is a Class C |
misdemeanor.
|
(b) Upon receiving a report from any school official |
pursuant to this
Section, or from any other person, the |
principal or his or her designee shall
immediately notify a |
local law enforcement agency. If the person found to be
in |
possession of a firearm on school grounds is a student, the |
principal or
his or her designee shall also immediately notify |
that student's parent or
guardian. Any principal or his or her |
|
designee acting in good faith who makes
such reports under |
this Section shall have immunity from any civil or criminal
|
liability that might otherwise be incurred or imposed as a |
result of making
the reports. Knowingly and willfully failing |
to comply with this Section is a
petty offense. A second or |
subsequent offense is a Class C misdemeanor. If
the person |
found to be in possession of the firearm on school grounds is a
|
minor, the law enforcement agency shall detain that minor |
until such time as
the agency makes a determination pursuant |
to clause (a) of subsection (1) of
Section 5-401 of the |
Juvenile Court Act of 1987, as to whether the agency
|
reasonably believes that the minor is delinquent. If the law |
enforcement
agency determines that probable cause exists to |
believe that the minor
committed a violation of item (4) of |
subsection (a) of Section 24-1 of the
Criminal Code of 2012 |
while on school grounds, the agency shall detain the
minor for |
processing pursuant to Section 5-407 of the Juvenile Court Act |
of
1987.
|
(c) Upon On or after January 1, 1997, upon receipt of any |
written,
electronic, or verbal report from any school |
personnel regarding a verified
incident involving a firearm in |
a school or on school owned or leased property,
including any |
conveyance owned,
leased, or used by the school for the |
transport of students or school
personnel, the superintendent |
or his or her designee shall report all such
firearm-related |
incidents occurring in a school or on school property to the
|
|
local law enforcement authorities immediately , who shall |
report and to the Illinois State Police in a form, manner, and |
frequency as prescribed by the Illinois State Police.
|
The State Board of Education shall receive an annual |
statistical compilation
and related data associated with |
incidents involving firearms in schools from
the Illinois |
State Police. The State Board of Education shall compile
this |
information by school district and make it available to the |
public.
|
(d) As used in this Section, the term "firearm" shall have |
the meaning
ascribed to it in Section 1.1 of the Firearm Owners |
Identification Card Act.
|
As used in this Section, the term "school" means any |
public or private
elementary or secondary school.
|
As used in this Section, the term "school grounds" |
includes the real property
comprising any school, any |
conveyance owned, leased, or contracted by a school
to |
transport students to or from school or a school-related |
activity, or any
public way within 1,000 feet of the real |
property comprising any school.
|
(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; |
102-813, eff. 5-13-22.)
|
Section 40. The Illinois Pension Code is amended by |
changing Section 14-110 as follows:
|
|
(40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
|
(Text of Section from P.A. 102-813)
|
Sec. 14-110. Alternative retirement annuity.
|
(a) Any member who has withdrawn from service with not |
less than 20
years of eligible creditable service and has |
attained age 55, and any
member who has withdrawn from service |
with not less than 25 years of
eligible creditable service and |
has attained age 50, regardless of whether
the attainment of |
either of the specified ages occurs while the member is
still |
in service, shall be entitled to receive at the option of the |
member,
in lieu of the regular or minimum retirement annuity, |
a retirement annuity
computed as follows:
|
(i) for periods of service as a noncovered employee:
|
if retirement occurs on or after January 1, 2001, 3% of |
final
average compensation for each year of creditable |
service; 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% for each year of
creditable service above 20 |
years; and
|
(ii) for periods of eligible creditable service as a |
covered employee:
if retirement occurs on or after January |
1, 2001, 2.5% of final average
compensation for each year |
of creditable service; if retirement occurs before
January |
1, 2001, 1.67% of final average compensation for each of |
|
the first
10 years of such service, 1.90% for each of the |
next 10 years of such service,
2.10% for each year of such |
service in excess of 20 but not exceeding 30, and
2.30% for |
each year in excess of 30.
|
Such annuity shall be subject to a maximum of 75% of final |
average
compensation if retirement occurs before January 1, |
2001 or to a maximum
of 80% of final average compensation if |
retirement occurs on or after January
1, 2001.
|
These rates shall not be applicable to any service |
performed
by a member as a covered employee which is not |
eligible creditable service.
Service as a covered employee |
which is not eligible creditable service
shall be subject to |
the rates and provisions of Section 14-108.
|
(b) For the purpose of this Section, "eligible creditable |
service" means
creditable service resulting from service in |
one or more of the following
positions:
|
(1) State policeman;
|
(2) fire fighter in the fire protection service of a |
department;
|
(3) air pilot;
|
(4) special agent;
|
(5) investigator for the Secretary of State;
|
(6) conservation police officer;
|
(7) investigator for the Department of Revenue or the |
Illinois Gaming Board;
|
(8) security employee of the Department of Human |
|
Services;
|
(9) Central Management Services security police |
officer;
|
(10) security employee of the Department of |
Corrections or the Department of Juvenile Justice;
|
(11) dangerous drugs investigator;
|
(12) investigator for the Illinois State Police;
|
(13) investigator for the Office of the Attorney |
General;
|
(14) controlled substance inspector;
|
(15) investigator for the Office of the State's |
Attorneys Appellate
Prosecutor;
|
(16) Commerce Commission police officer;
|
(17) arson investigator;
|
(18) State highway maintenance worker;
|
(19) security employee of the Department of Innovation |
and Technology; or |
(20) transferred employee. |
A person employed in one of the positions specified in |
this subsection is
entitled to eligible creditable service for |
service credit earned under this
Article while undergoing the |
basic police training course approved by the
Illinois Law |
Enforcement Training
Standards Board, if
completion of that |
training is required of persons serving in that position.
For |
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.
|
A person under paragraph (20) is entitled to eligible |
creditable service for service credit earned under this |
Article on and after his or her transfer by Executive Order No. |
2003-10, Executive Order No. 2004-2, or Executive Order No. |
2016-1. |
(c) For the purposes of this Section:
|
(1) The term "State policeman" includes any title or |
position
in the Illinois State Police that is held by an |
individual employed
under the Illinois State Police Act.
|
(2) The term "fire fighter in the fire protection |
service of a
department" includes all officers in such |
fire protection service
including fire chiefs and |
assistant fire chiefs.
|
(3) The term "air pilot" includes any employee whose |
official job
description on file in the Department of |
Central Management Services, or
in the department by which |
he is employed if that department is not covered
by the |
Personnel Code, states that his principal duty is the |
operation of
aircraft, and who possesses a pilot's |
license; however, the change in this
definition made by |
Public Act 83-842 shall not operate to exclude
any |
noncovered employee who was an "air pilot" for the |
purposes of this
Section on January 1, 1984.
|
(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 |
Internal Investigation, the Division of Operations, the |
Division of Patrol Operations , or any
other Division or |
organizational
entity in the Illinois 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.
The term "special agent" includes any title or |
position in the Illinois State Police that is held by an |
individual employed under the Illinois State
Police Act.
|
(5) The term "investigator for the Secretary of State" |
means any person
employed by the Office of the Secretary |
of State and 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.
|
A person who became employed as an investigator for |
the Secretary of
State between January 1, 1967 and |
December 31, 1975, and who has served as
such until |
attainment of age 60, either continuously or with a single |
break
in service of not more than 3 years duration, which |
break terminated before
January 1, 1976, shall be entitled |
to have his retirement annuity
calculated in accordance |
with subsection (a), notwithstanding
that he has less than |
|
20 years of credit for such service.
|
(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 |
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. The |
term "Conservation Police Officer" includes
the positions |
of Chief Conservation Police Administrator and Assistant
|
Conservation Police Administrator.
|
(7) The term "investigator for the Department of |
Revenue" means any
person employed by the Department of |
Revenue and 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.
|
The term "investigator for the Illinois Gaming Board" |
means any
person employed as such by the Illinois Gaming |
Board and vested with such
peace officer 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.
|
(8) The term "security employee of the Department of |
Human Services"
means any person employed by the |
Department of Human Services who (i) is
employed at the |
Chester Mental Health Center and has daily contact with |
|
the
residents thereof, (ii) is employed within a security |
unit at a facility
operated by the Department and has |
daily contact with the residents of the
security unit, |
(iii) is employed at a facility operated by the Department
|
that includes a security unit and is regularly scheduled |
to work at least
50% of his or her working hours within |
that security unit, or (iv) is a mental health police |
officer.
"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 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. "Security unit" means that portion |
of a facility that is devoted to
the care, containment, |
and treatment of persons committed to the Department of
|
Human Services as sexually violent persons, persons unfit |
to stand trial, or
persons not guilty by reason of |
insanity. With respect to past employment,
references to |
the Department of Human Services include its predecessor, |
the
Department of Mental Health and Developmental |
Disabilities.
|
The changes made to this subdivision (c)(8) by Public |
Act 92-14 apply to persons who retire on or after January |
1,
2001, notwithstanding Section 1-103.1.
|
|
(9) "Central Management Services security police |
officer" means any
person employed by the Department of |
Central Management Services who is
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.
|
(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 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. For a |
member who first becomes an employee under this Article on |
or after July 1, 2005, the term means an employee of the |
Department of Corrections or the Department of Juvenile |
Justice who is any of the following: (i) officially |
headquartered at a correctional facility or Juvenile |
facility operated by the Department of Juvenile Justice, |
(ii) a parole officer, (iii) a member of the apprehension |
unit, (iv) a member of the intelligence unit, (v) a member |
|
of the sort team, or (vi) an investigator.
|
(11) The term "dangerous drugs investigator" means any |
person who is
employed as such by the Department of Human |
Services.
|
(12) The term "investigator for the Illinois State |
Police" means
a person employed by the Illinois State |
Police who is vested under
Section 4 of the Narcotic |
Control Division Abolition Act with such
law enforcement |
powers 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.
|
(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. For |
the period before January 1,
1989, the term includes all |
persons who were employed as investigators by the
Office |
of the Attorney General, without regard to social security |
status.
|
(14) "Controlled substance inspector" means any person |
who is employed
as such by the Department of Professional |
Regulation and is 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. The term |
"controlled substance inspector" includes the Program
|
Executive of Enforcement and the Assistant Program |
Executive of Enforcement.
|
(15) The term "investigator for the Office of the |
State's Attorneys
Appellate Prosecutor" means a person |
employed in that capacity on a full-time basis under the |
authority of Section 7.06 of the State's Attorneys
|
Appellate Prosecutor's Act.
|
(16) "Commerce Commission police officer" means any |
person employed
by the Illinois Commerce Commission who is |
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.
|
(17) "Arson investigator" means any person who is |
employed as such by
the Office of the State Fire Marshal |
and 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. A person who was |
employed as an arson
investigator on January 1, 1995 and |
is no longer in service but not yet
receiving a retirement |
annuity may convert his or her creditable service for
|
employment as an arson investigator into eligible |
creditable service by paying
to the System the difference |
|
between the employee contributions actually paid
for that |
service and the amounts that would have been contributed |
if the
applicant were contributing at the rate applicable |
to persons with the same
social security status earning |
eligible creditable service on the date of
application.
|
(18) The term "State highway maintenance worker" means |
a person who is
either of the following:
|
(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 |
construction equipment operator,
power shovel |
operator, or
bridge mechanic; and
whose principal |
responsibility is to perform, on the roadway, the |
actual
maintenance necessary to keep the highways that |
form a part of the State
highway system in serviceable |
condition for vehicular traffic.
|
(ii) A person employed on a full-time basis by the |
Illinois
State Toll Highway Authority in the position |
of
equipment operator/laborer H-4,
equipment |
operator/laborer H-6,
welder H-4,
welder H-6,
|
mechanical/electrical H-4,
mechanical/electrical H-6,
|
water/sewer H-4,
water/sewer H-6,
sign maker/hanger |
H-4,
sign maker/hanger H-6,
roadway lighting H-4,
|
roadway lighting H-6,
structural H-4,
structural H-6,
|
painter H-4, or
painter H-6; and
whose principal |
|
responsibility is to perform, on the roadway, the |
actual
maintenance necessary to keep the Authority's |
tollways in serviceable condition
for vehicular |
traffic.
|
(19) The term "security employee of the Department of |
Innovation and Technology" means a person who was a |
security employee of the Department of Corrections or the |
Department of Juvenile Justice, was transferred to the |
Department of Innovation and Technology pursuant to |
Executive Order 2016-01, and continues to perform similar |
job functions under that Department. |
(20) "Transferred employee" means an employee who was |
transferred to the Department of Central Management |
Services by Executive Order No. 2003-10 or Executive Order |
No. 2004-2 or transferred to the Department of Innovation |
and Technology by Executive Order No. 2016-1, or both, and |
was entitled to eligible creditable service for services |
immediately preceding the transfer. |
(d) A security employee of the Department of Corrections |
or the Department of Juvenile Justice, a security
employee of |
the Department of Human Services who is not a mental health |
police
officer, and a security employee of the Department of |
Innovation and Technology shall not be eligible for the |
alternative retirement annuity provided
by this Section unless |
he or she meets the following minimum age and service
|
requirements at the time of retirement:
|
|
(i) 25 years of eligible creditable service and age |
55; or
|
(ii) beginning January 1, 1987, 25 years of eligible |
creditable service
and age 54, or 24 years of eligible |
creditable service and age 55; or
|
(iii) beginning January 1, 1988, 25 years of eligible |
creditable service
and age 53, or 23 years of eligible |
creditable service and age 55; or
|
(iv) beginning January 1, 1989, 25 years of eligible |
creditable service
and age 52, or 22 years of eligible |
creditable service and age 55; or
|
(v) beginning January 1, 1990, 25 years of eligible |
creditable service
and age 51, or 21 years of eligible |
creditable service and age 55; or
|
(vi) beginning January 1, 1991, 25 years of eligible |
creditable service
and age 50, or 20 years of eligible |
creditable service and age 55.
|
Persons who have service credit under Article 16 of this |
Code for service
as a security employee of the Department of |
Corrections or the Department of Juvenile Justice, or the |
Department
of Human Services in a position requiring |
certification as a teacher may
count such service toward |
establishing their eligibility under the service
requirements |
of this Section; but such service may be used only for
|
establishing such eligibility, and not for the purpose of |
increasing or
calculating any benefit.
|
|
(e) If a member enters military service while working in a |
position in
which eligible creditable service may be earned, |
and returns to State
service in the same or another such |
position, and fulfills in all other
respects the conditions |
prescribed in this Article for credit for military
service, |
such military service shall be credited as eligible creditable
|
service for the purposes of the retirement annuity prescribed |
in this Section.
|
(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 |
employee, provided that the employee pays to the System prior |
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.
|
For purposes of calculating retirement annuities under |
this Section,
periods of service rendered after December 31, |
1968 and before January 1,
1982 as a covered employee in the |
position of investigator for the
Department of Revenue shall |
|
be deemed to have been service as a noncovered
employee, |
provided that the employee pays to the System prior 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 |
January 1, 1990, 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, |
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.
|
Subject to the limitation in subsection (i), a State |
policeman may elect,
not later than July 1, 1993, to establish |
eligible creditable service for
up to 10 years of his service |
as a member of the County Police Department
under Article 9, 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 9-121.10 |
and the amounts that would
have been contributed had those |
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 |
to the System under Section
5-236, 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.
|
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 10 years of
service as a sheriff's |
law enforcement employee under Article 7, by filing
a written |
election with the Board on or before January 31, 1993, 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 |
to the System under Section
7-139.7, 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.
|
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 |
officer under Article 15 by filing
a written election with the |
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. |
Subject to the limitation in subsection (i), an |
|
investigator for the Office of the Attorney General, or an |
investigator for the Department of Revenue, 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, or a member of the county police department under Article 9 |
by filing a written election with the Board within 6 months |
after August 25, 2009 (the effective date of Public Act |
96-745) 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, or 9-121.10 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 actuarially |
assumed 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, investigator for the |
Office of the Attorney General, an investigator for the |
Department of Revenue, or investigator for the Secretary of |
State may elect to establish eligible creditable service for |
up to 5 years of service as a person employed by a |
participating municipality to perform police duties, or law |
enforcement officer employed on a full-time basis by a forest |
preserve district under Article 7, a county corrections |
|
officer, or a court services officer under Article 9, by |
filing a written election with the Board within 6 months after |
August 25, 2009 (the effective date of Public Act 96-745) 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 |
Sections 7-139.8 and 9-121.10 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 actuarially assumed 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, arson
investigator, or Commerce Commission police |
officer may elect to establish eligible creditable service for |
up to 5 years of service as a person employed by a |
participating municipality to perform police duties under |
Article 7, a county corrections officer, a court services |
officer under Article 9, or a firefighter
under Article 4 by |
filing a written election with the Board within 6 months after |
July 30, 2021 (the effective date of Public Act 102-210) 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 |
Sections 4-108.8, 7-139.8, and 9-121.10 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 actuarially assumed rate for each year, |
compounded annually, from the date of service to the date of |
payment. |
Subject to the limitation in subsection (i), a |
conservation police officer may elect to establish eligible |
creditable service for up to 5 years of service as a person |
employed by a participating municipality to perform police |
duties under Article 7, a county corrections officer, or a |
court services officer under Article 9 by filing a written |
election with the Board within 6 months after July 30, 2021 |
(the effective date of Public Act 102-210) 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 Sections 7-139.8 |
and 9-121.10 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 actuarially |
assumed rate for each year, compounded annually, from the date |
of service to the date of payment. |
Notwithstanding the limitation in subsection (i), a State |
policeman or conservation police officer may elect to convert |
service credit earned under this Article to eligible |
creditable service, as defined by this Section, by filing a |
written election with the board within 6 months after July 30, |
2021 (the effective date of Public Act 102-210) and paying to |
the System an amount to be determined by the Board equal to (i) |
|
the difference between the amount of employee contributions |
originally paid for that service and the amounts that would |
have been contributed had such contributions been made at the |
rates applicable to State policemen, plus (ii) the difference |
between the employer's normal cost of the credit prior to the |
conversion authorized by Public Act 102-210 and the employer's |
normal cost of the credit converted in accordance with Public |
Act 102-210, plus (iii) interest thereon at the actuarially |
assumed rate for each year, compounded annually, from the date |
of service to the date of payment. |
(i) The total amount of eligible creditable service |
established by any
person under subsections (g), (h), (j), |
(k), (l), (l-5), and (o) of this
Section shall not exceed 12 |
years.
|
(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, compounded annually, from the date of service
to |
the date of payment.
|
(k) Subject to the limitation in subsection (i) of this |
Section, an
alternative formula employee may elect to |
establish eligible creditable
service for periods spent as a |
full-time law enforcement officer or full-time
corrections |
officer employed by the federal government or by a state or |
local
government located outside of Illinois, for which credit |
is not held in any
other public employee pension fund or |
retirement system. To obtain this
credit, the applicant must |
file a written application with the Board by March
31, 1998, |
accompanied by evidence of eligibility acceptable to the Board |
and
payment of an amount to be determined by the Board, equal |
to (1) employee
contributions for the credit being |
established, based upon the applicant's
salary on the first |
day as an alternative formula employee after the employment
|
for which credit is being established and the rates then |
applicable to
alternative formula employees, plus (2) an |
amount determined by the Board
to be the employer's normal |
cost of the benefits accrued for the credit being
established, |
plus (3) regular interest on the amounts in items (1) and (2) |
from
the first day as an alternative formula employee after |
the employment for which
credit is being established to the |
date of 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 up to 10 years of his or her 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, 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.
|
(l-5) Subject to the limitation in subsection (i) of this |
Section, a State policeman may elect to establish eligible |
creditable service for up to 5 years of service as a full-time |
law enforcement officer employed by the federal government or |
by a state or local government located outside of Illinois for |
which credit is not held in any other public employee pension |
fund or retirement system. To obtain this credit, the |
applicant must file a written application with the Board no |
later than 3 years after January 1, 2020 (the effective date of |
Public Act 101-610), accompanied by evidence of eligibility |
acceptable to the Board and payment of an amount to be |
determined by the Board, equal to (1) employee contributions |
for the credit being established, based upon the applicant's |
|
salary on the first day as an alternative formula employee |
after the employment for which credit is being established and |
the rates then applicable to alternative formula employees, |
plus (2) an amount determined by the Board to be the employer's |
normal cost of the benefits accrued for the credit being |
established, plus (3) regular interest on the amounts in items |
(1) and (2) from the first day as an alternative formula |
employee after the employment for which credit is being |
established to the date of payment. |
(m) The amendatory changes to this Section made by Public |
Act 94-696 apply only to: (1) security employees of the |
Department of Juvenile Justice employed by the Department of |
Corrections before June 1, 2006 (the effective date of Public |
Act 94-696) and transferred to the Department of Juvenile |
Justice by Public Act 94-696; and (2) persons employed by the |
Department of Juvenile Justice on or after June 1, 2006 (the |
effective date of Public Act 94-696) who are required by |
subsection (b) of Section 3-2.5-15 of the Unified Code of |
Corrections to have any bachelor's or advanced degree from an |
accredited college or university or, in the case of persons |
who provide vocational training, who are required to have |
adequate knowledge in the skill for which they are providing |
the vocational training.
|
(n) A person employed in a position under subsection (b) |
of this Section who has purchased service credit under |
subsection (j) of Section 14-104 or subsection (b) of Section |
|
14-105 in any other capacity under this Article may convert up |
to 5 years of that service credit into service credit covered |
under this Section by paying to the Fund an amount equal to (1) |
the additional employee contribution required under Section |
14-133, plus (2) the additional employer contribution required |
under Section 14-131, plus (3) interest on items (1) and (2) at |
the actuarially assumed rate from the date of the service to |
the date of payment. |
(o) Subject to the limitation in subsection (i), a |
conservation police officer, investigator for the Secretary of |
State, Commerce Commission police officer, investigator for |
the Department of Revenue or the
Illinois Gaming Board, or |
arson investigator subject to subsection (g) of Section 1-160 |
may elect to convert up to 8 years of service credit |
established before January 1, 2020 (the effective date of |
Public Act 101-610) as a conservation police officer, |
investigator for the Secretary of State, Commerce Commission |
police officer, investigator for the Department of Revenue or |
the
Illinois Gaming Board, or arson investigator under this |
Article into eligible creditable service by filing a written |
election with the Board no later than one year after January 1, |
2020 (the effective date of Public Act 101-610), accompanied |
by payment of an amount to be determined by the Board equal to |
(i) the difference between the amount of the employee |
contributions actually paid for that service and the amount of |
the employee contributions that would have been paid had the |
|
employee contributions been made as a noncovered employee |
serving in a position in which eligible creditable service, as |
defined in this Section, may be earned, plus (ii) interest |
thereon at the effective rate for each year, compounded |
annually, from the date of service to the date of payment. |
(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; |
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
(Text of Section from P.A. 102-856) |
Sec. 14-110. Alternative retirement annuity.
|
(a) Any member who has withdrawn from service with not |
less than 20
years of eligible creditable service and has |
attained age 55, and any
member who has withdrawn from service |
with not less than 25 years of
eligible creditable service and |
has attained age 50, regardless of whether
the attainment of |
either of the specified ages occurs while the member is
still |
in service, shall be entitled to receive at the option of the |
member,
in lieu of the regular or minimum retirement annuity, |
a retirement annuity
computed as follows:
|
(i) for periods of service as a noncovered employee:
|
if retirement occurs on or after January 1, 2001, 3% of |
final
average compensation for each year of creditable |
service; 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% for each year of
creditable service above 20 |
years; and
|
(ii) for periods of eligible creditable service as a |
covered employee:
if retirement occurs on or after January |
1, 2001, 2.5% of final average
compensation for each year |
of creditable service; if retirement occurs before
January |
1, 2001, 1.67% of final average compensation for each of |
the first
10 years of such service, 1.90% for each of the |
next 10 years of such service,
2.10% for each year of such |
service in excess of 20 but not exceeding 30, and
2.30% for |
each year in excess of 30.
|
Such annuity shall be subject to a maximum of 75% of final |
average
compensation if retirement occurs before January 1, |
2001 or to a maximum
of 80% of final average compensation if |
retirement occurs on or after January
1, 2001.
|
These rates shall not be applicable to any service |
performed
by a member as a covered employee which is not |
eligible creditable service.
Service as a covered employee |
which is not eligible creditable service
shall be subject to |
the rates and provisions of Section 14-108.
|
(b) For the purpose of this Section, "eligible creditable |
service" means
creditable service resulting from service in |
one or more of the following
positions:
|
(1) State policeman;
|
(2) fire fighter in the fire protection service of a |
department;
|
|
(3) air pilot;
|
(4) special agent;
|
(5) investigator for the Secretary of State;
|
(6) conservation police officer;
|
(7) investigator for the Department of Revenue or the |
Illinois Gaming Board;
|
(8) security employee of the Department of Human |
Services;
|
(9) Central Management Services security police |
officer;
|
(10) security employee of the Department of |
Corrections or the Department of Juvenile Justice;
|
(11) dangerous drugs investigator;
|
(12) investigator for the Illinois State Police;
|
(13) investigator for the Office of the Attorney |
General;
|
(14) controlled substance inspector;
|
(15) investigator for the Office of the State's |
Attorneys Appellate
Prosecutor;
|
(16) Commerce Commission police officer;
|
(17) arson investigator;
|
(18) State highway maintenance worker;
|
(19) security employee of the Department of Innovation |
and Technology; or |
(20) transferred employee. |
A person employed in one of the positions specified in |
|
this subsection is
entitled to eligible creditable service for |
service credit earned under this
Article while undergoing the |
basic police training course approved by the
Illinois Law |
Enforcement Training
Standards Board, if
completion of that |
training is required of persons serving in that position.
For |
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.
|
A person under paragraph (20) is entitled to eligible |
creditable service for service credit earned under this |
Article on and after his or her transfer by Executive Order No. |
2003-10, Executive Order No. 2004-2, or Executive Order No. |
2016-1. |
(c) For the purposes of this Section:
|
(1) The term "State policeman" includes any title or |
position
in the Illinois State Police that is held by an |
individual employed
under the Illinois State Police Act.
|
(2) The term "fire fighter in the fire protection |
service of a
department" includes all officers in such |
fire protection service
including fire chiefs and |
assistant fire chiefs.
|
(3) The term "air pilot" includes any employee whose |
official job
description on file in the Department of |
Central Management Services, or
in the department by which |
he is employed if that department is not covered
by the |
|
Personnel Code, states that his principal duty is the |
operation of
aircraft, and who possesses a pilot's |
license; however, the change in this
definition made by |
Public Act 83-842 shall not operate to exclude
any |
noncovered employee who was an "air pilot" for the |
purposes of this
Section on January 1, 1984.
|
(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 |
Internal Investigation, the Division of Operations, the |
Division of Patrol Operations , or any
other Division or |
organizational
entity in the Illinois 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.
The term "special agent" includes any title or |
position in the Illinois State Police that is held by an |
individual employed under the Illinois State
Police Act.
|
(5) The term "investigator for the Secretary of State" |
means any person
employed by the Office of the Secretary |
of State and 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.
|
A person who became employed as an investigator for |
|
the Secretary of
State between January 1, 1967 and |
December 31, 1975, and who has served as
such until |
attainment of age 60, either continuously or with a single |
break
in service of not more than 3 years duration, which |
break terminated before
January 1, 1976, shall be entitled |
to have his retirement annuity
calculated in accordance |
with subsection (a), notwithstanding
that he has less than |
20 years of credit for such service.
|
(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 |
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. The |
term "Conservation Police Officer" includes
the positions |
of Chief Conservation Police Administrator and Assistant
|
Conservation Police Administrator.
|
(7) The term "investigator for the Department of |
Revenue" means any
person employed by the Department of |
Revenue and 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.
|
The term "investigator for the Illinois Gaming Board" |
means any
person employed as such by the Illinois Gaming |
Board and vested with such
peace officer 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.
|
(8) The term "security employee of the Department of |
Human Services"
means any person employed by the |
Department of Human Services who (i) is
employed at the |
Chester Mental Health Center and has daily contact with |
the
residents thereof, (ii) is employed within a security |
unit at a facility
operated by the Department and has |
daily contact with the residents of the
security unit, |
(iii) is employed at a facility operated by the Department
|
that includes a security unit and is regularly scheduled |
to work at least
50% of his or her working hours within |
that security unit, or (iv) is a mental health police |
officer.
"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 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. "Security unit" means that portion |
of a facility that is devoted to
the care, containment, |
and treatment of persons committed to the Department of
|
Human Services as sexually violent persons, persons unfit |
to stand trial, or
persons not guilty by reason of |
|
insanity. With respect to past employment,
references to |
the Department of Human Services include its predecessor, |
the
Department of Mental Health and Developmental |
Disabilities.
|
The changes made to this subdivision (c)(8) by Public |
Act 92-14 apply to persons who retire on or after January |
1,
2001, notwithstanding Section 1-103.1.
|
(9) "Central Management Services security police |
officer" means any
person employed by the Department of |
Central Management Services who is
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.
|
(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 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. For a |
member who first becomes an employee under this Article on |
|
or after July 1, 2005, the term means an employee of the |
Department of Corrections or the Department of Juvenile |
Justice who is any of the following: (i) officially |
headquartered at a correctional facility or Juvenile |
facility operated by the Department of Juvenile Justice, |
(ii) a parole officer, (iii) a member of the apprehension |
unit, (iv) a member of the intelligence unit, (v) a member |
of the sort team, or (vi) an investigator.
|
(11) The term "dangerous drugs investigator" means any |
person who is
employed as such by the Department of Human |
Services.
|
(12) The term "investigator for the Illinois State |
Police" means
a person employed by the Illinois State |
Police who is vested under
Section 4 of the Narcotic |
Control Division Abolition Act with such
law enforcement |
powers 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.
|
(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. For |
the period before January 1,
1989, the term includes all |
persons who were employed as investigators by the
Office |
|
of the Attorney General, without regard to social security |
status.
|
(14) "Controlled substance inspector" means any person |
who is employed
as such by the Department of Professional |
Regulation and is 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. The term |
"controlled substance inspector" includes the Program
|
Executive of Enforcement and the Assistant Program |
Executive of Enforcement.
|
(15) The term "investigator for the Office of the |
State's Attorneys
Appellate Prosecutor" means a person |
employed in that capacity on a full-time basis under the |
authority of Section 7.06 of the State's Attorneys
|
Appellate Prosecutor's Act.
|
(16) "Commerce Commission police officer" means any |
person employed
by the Illinois Commerce Commission who is |
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.
|
(17) "Arson investigator" means any person who is |
employed as such by
the Office of the State Fire Marshal |
and 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. A person who was |
employed as an arson
investigator on January 1, 1995 and |
is no longer in service but not yet
receiving a retirement |
annuity may convert his or her creditable service for
|
employment as an arson investigator into eligible |
creditable service by paying
to the System the difference |
between the employee contributions actually paid
for that |
service and the amounts that would have been contributed |
if the
applicant were contributing at the rate applicable |
to persons with the same
social security status earning |
eligible creditable service on the date of
application.
|
(18) The term "State highway maintenance worker" means |
a person who is
either of the following:
|
(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 |
construction equipment operator,
power shovel |
operator, or
bridge mechanic; and
whose principal |
responsibility is to perform, on the roadway, the |
actual
maintenance necessary to keep the highways that |
form a part of the State
highway system in serviceable |
condition for vehicular traffic.
|
(ii) A person employed on a full-time basis by the |
Illinois
State Toll Highway Authority in the position |
|
of
equipment operator/laborer H-4,
equipment |
operator/laborer H-6,
welder H-4,
welder H-6,
|
mechanical/electrical H-4,
mechanical/electrical H-6,
|
water/sewer H-4,
water/sewer H-6,
sign maker/hanger |
H-4,
sign maker/hanger H-6,
roadway lighting H-4,
|
roadway lighting H-6,
structural H-4,
structural H-6,
|
painter H-4, or
painter H-6; and
whose principal |
responsibility is to perform, on the roadway, the |
actual
maintenance necessary to keep the Authority's |
tollways in serviceable condition
for vehicular |
traffic.
|
(19) The term "security employee of the Department of |
Innovation and Technology" means a person who was a |
security employee of the Department of Corrections or the |
Department of Juvenile Justice, was transferred to the |
Department of Innovation and Technology pursuant to |
Executive Order 2016-01, and continues to perform similar |
job functions under that Department. |
(20) "Transferred employee" means an employee who was |
transferred to the Department of Central Management |
Services by Executive Order No. 2003-10 or Executive Order |
No. 2004-2 or transferred to the Department of Innovation |
and Technology by Executive Order No. 2016-1, or both, and |
was entitled to eligible creditable service for services |
immediately preceding the transfer. |
(d) A security employee of the Department of Corrections |
|
or the Department of Juvenile Justice, a security
employee of |
the Department of Human Services who is not a mental health |
police
officer, and a security employee of the Department of |
Innovation and Technology shall not be eligible for the |
alternative retirement annuity provided
by this Section unless |
he or she meets the following minimum age and service
|
requirements at the time of retirement:
|
(i) 25 years of eligible creditable service and age |
55; or
|
(ii) beginning January 1, 1987, 25 years of eligible |
creditable service
and age 54, or 24 years of eligible |
creditable service and age 55; or
|
(iii) beginning January 1, 1988, 25 years of eligible |
creditable service
and age 53, or 23 years of eligible |
creditable service and age 55; or
|
(iv) beginning January 1, 1989, 25 years of eligible |
creditable service
and age 52, or 22 years of eligible |
creditable service and age 55; or
|
(v) beginning January 1, 1990, 25 years of eligible |
creditable service
and age 51, or 21 years of eligible |
creditable service and age 55; or
|
(vi) beginning January 1, 1991, 25 years of eligible |
creditable service
and age 50, or 20 years of eligible |
creditable service and age 55.
|
Persons who have service credit under Article 16 of this |
Code for service
as a security employee of the Department of |
|
Corrections or the Department of Juvenile Justice, or the |
Department
of Human Services in a position requiring |
certification as a teacher may
count such service toward |
establishing their eligibility under the service
requirements |
of this Section; but such service may be used only for
|
establishing such eligibility, and not for the purpose of |
increasing or
calculating any benefit.
|
(e) If a member enters military service while working in a |
position in
which eligible creditable service may be earned, |
and returns to State
service in the same or another such |
position, and fulfills in all other
respects the conditions |
prescribed in this Article for credit for military
service, |
such military service shall be credited as eligible creditable
|
service for the purposes of the retirement annuity prescribed |
in this Section.
|
(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 |
employee, provided that the employee pays to the System prior |
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.
|
For purposes of calculating retirement annuities under |
this Section,
periods of service rendered after December 31, |
1968 and before January 1,
1982 as a covered employee in the |
position of investigator for the
Department of Revenue shall |
be deemed to have been service as a noncovered
employee, |
provided that the employee pays to the System prior 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 |
January 1, 1990, 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, |
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.
|
Subject to the limitation in subsection (i), a State |
policeman may elect,
not later than July 1, 1993, to establish |
eligible creditable service for
up to 10 years of his service |
as a member of the County Police Department
under Article 9, 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 9-121.10 |
and the amounts that would
have been contributed had those |
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 |
to the System under Section
5-236, 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.
|
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 10 years of
service as a sheriff's |
law enforcement employee under Article 7, by filing
a written |
election with the Board on or before January 31, 1993, 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 |
to the System under Section
7-139.7, 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.
|
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 |
officer under Article 15 by filing
a written election with the |
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. |
Subject to the limitation in subsection (i), an |
investigator for the Office of the Attorney General, or an |
investigator for the Department of Revenue, 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, or a member of the county police department under Article 9 |
by filing a written election with the Board within 6 months |
after August 25, 2009 (the effective date of Public Act |
96-745) 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, or 9-121.10 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 actuarially |
assumed 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, investigator for the |
|
Office of the Attorney General, an investigator for the |
Department of Revenue, or investigator for the Secretary of |
State may elect to establish eligible creditable service for |
up to 5 years of service as a person employed by a |
participating municipality to perform police duties, or law |
enforcement officer employed on a full-time basis by a forest |
preserve district under Article 7, a county corrections |
officer, or a court services officer under Article 9, by |
filing a written election with the Board within 6 months after |
August 25, 2009 (the effective date of Public Act 96-745) 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 |
Sections 7-139.8 and 9-121.10 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 actuarially assumed 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, arson
investigator, or Commerce Commission police |
officer may elect to establish eligible creditable service for |
up to 5 years of service as a person employed by a |
participating municipality to perform police duties under |
Article 7, a county corrections officer, a court services |
officer under Article 9, or a firefighter
under Article 4 by |
filing a written election with the Board within 6 months after |
|
July 30, 2021 (the effective date of Public Act 102-210) 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 |
Sections 4-108.8, 7-139.8, and 9-121.10 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 actuarially assumed rate for each year, |
compounded annually, from the date of service to the date of |
payment. |
Subject to the limitation in subsection (i), a |
conservation police officer may elect to establish eligible |
creditable service for up to 5 years of service as a person |
employed by a participating municipality to perform police |
duties under Article 7, a county corrections officer, or a |
court services officer under Article 9 by filing a written |
election with the Board within 6 months after July 30, 2021 |
(the effective date of Public Act 102-210) 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 Sections 7-139.8 |
and 9-121.10 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 actuarially |
assumed rate for each year, compounded annually, from the date |
of service to the date of payment. |
|
Subject to the limitation in subsection (i), an |
investigator for the Department of Revenue, investigator for |
the Illinois Gaming Board, investigator for the Secretary of |
State, or arson investigator may elect to establish eligible |
creditable service for up to 5 years of service as a person |
employed by a participating municipality to perform police |
duties under Article 7, a county corrections officer, a court |
services officer under Article 9, or a firefighter under |
Article 4 by filing a written election with the Board within 6 |
months after the effective date of this amendatory Act of the |
102nd General Assembly 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 Sections 4-108.8, 7-139.8, and 9-121.10 |
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 actuarially |
assumed rate for each year, compounded annually, from the date |
of service to the date of payment. |
Notwithstanding the limitation in subsection (i), a State |
policeman or conservation police officer may elect to convert |
service credit earned under this Article to eligible |
creditable service, as defined by this Section, by filing a |
written election with the board within 6 months after July 30, |
2021 (the effective date of Public Act 102-210) and paying to |
the System an amount to be determined by the Board equal to (i) |
|
the difference between the amount of employee contributions |
originally paid for that service and the amounts that would |
have been contributed had such contributions been made at the |
rates applicable to State policemen, plus (ii) the difference |
between the employer's normal cost of the credit prior to the |
conversion authorized by Public Act 102-210 and the employer's |
normal cost of the credit converted in accordance with Public |
Act 102-210, plus (iii) interest thereon at the actuarially |
assumed rate for each year, compounded annually, from the date |
of service to the date of payment. |
Notwithstanding the limitation in subsection (i), an |
investigator for the Department of Revenue, investigator for |
the Illinois Gaming Board, investigator for the Secretary of |
State, or arson investigator may elect to convert service |
credit earned under this Article to eligible creditable |
service, as defined by this Section, by filing a written |
election with the Board within 6 months after the effective |
date of this amendatory Act of the 102nd General Assembly and |
paying to the System an amount to be determined by the Board |
equal to (i) the difference between the amount of employee |
contributions originally paid for that service and the amounts |
that would have been contributed had such contributions been |
made at the rates applicable to investigators for the |
Department of Revenue, investigators for the Illinois Gaming |
Board, investigators for the Secretary of State, or arson |
investigators, plus (ii) the difference between the employer's |
|
normal cost of the credit prior to the conversion authorized |
by this amendatory Act of the 102nd General Assembly and the |
employer's normal cost of the credit converted in accordance |
with this amendatory Act of the 102nd General Assembly, plus |
(iii) interest thereon at the actuarially assumed rate for |
each year, compounded annually, from the date of service to |
the date of payment. |
(i) The total amount of eligible creditable service |
established by any
person under subsections (g), (h), (j), |
(k), (l), (l-5), and (o) of this
Section shall not exceed 12 |
years.
|
(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, compounded annually, from the date of service
to |
the date of payment.
|
|
(k) Subject to the limitation in subsection (i) of this |
Section, an
alternative formula employee may elect to |
establish eligible creditable
service for periods spent as a |
full-time law enforcement officer or full-time
corrections |
officer employed by the federal government or by a state or |
local
government located outside of Illinois, for which credit |
is not held in any
other public employee pension fund or |
retirement system. To obtain this
credit, the applicant must |
file a written application with the Board by March
31, 1998, |
accompanied by evidence of eligibility acceptable to the Board |
and
payment of an amount to be determined by the Board, equal |
to (1) employee
contributions for the credit being |
established, based upon the applicant's
salary on the first |
day as an alternative formula employee after the employment
|
for which credit is being established and the rates then |
applicable to
alternative formula employees, plus (2) an |
amount determined by the Board
to be the employer's normal |
cost of the benefits accrued for the credit being
established, |
plus (3) regular interest on the amounts in items (1) and (2) |
from
the first day as an alternative formula employee after |
the employment for which
credit is being established to the |
date of 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 up to 10 years of his or her 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, 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.
|
(l-5) Subject to the limitation in subsection (i) of this |
Section, a State policeman may elect to establish eligible |
creditable service for up to 5 years of service as a full-time |
law enforcement officer employed by the federal government or |
by a state or local government located outside of Illinois for |
which credit is not held in any other public employee pension |
fund or retirement system. To obtain this credit, the |
applicant must file a written application with the Board no |
later than 3 years after January 1, 2020 (the effective date of |
Public Act 101-610), accompanied by evidence of eligibility |
acceptable to the Board and payment of an amount to be |
determined by the Board, equal to (1) employee contributions |
for the credit being established, based upon the applicant's |
salary on the first day as an alternative formula employee |
after the employment for which credit is being established and |
the rates then applicable to alternative formula employees, |
|
plus (2) an amount determined by the Board to be the employer's |
normal cost of the benefits accrued for the credit being |
established, plus (3) regular interest on the amounts in items |
(1) and (2) from the first day as an alternative formula |
employee after the employment for which credit is being |
established to the date of payment. |
(m) The amendatory changes to this Section made by Public |
Act 94-696 apply only to: (1) security employees of the |
Department of Juvenile Justice employed by the Department of |
Corrections before June 1, 2006 (the effective date of Public |
Act 94-696) and transferred to the Department of Juvenile |
Justice by Public Act 94-696; and (2) persons employed by the |
Department of Juvenile Justice on or after June 1, 2006 (the |
effective date of Public Act 94-696) who are required by |
subsection (b) of Section 3-2.5-15 of the Unified Code of |
Corrections to have any bachelor's or advanced degree from an |
accredited college or university or, in the case of persons |
who provide vocational training, who are required to have |
adequate knowledge in the skill for which they are providing |
the vocational training.
|
(n) A person employed in a position under subsection (b) |
of this Section who has purchased service credit under |
subsection (j) of Section 14-104 or subsection (b) of Section |
14-105 in any other capacity under this Article may convert up |
to 5 years of that service credit into service credit covered |
under this Section by paying to the Fund an amount equal to (1) |
|
the additional employee contribution required under Section |
14-133, plus (2) the additional employer contribution required |
under Section 14-131, plus (3) interest on items (1) and (2) at |
the actuarially assumed rate from the date of the service to |
the date of payment. |
(o) Subject to the limitation in subsection (i), a |
conservation police officer, investigator for the Secretary of |
State, Commerce Commission police officer, investigator for |
the Department of Revenue or the
Illinois Gaming Board, or |
arson investigator subject to subsection (g) of Section 1-160 |
may elect to convert up to 8 years of service credit |
established before January 1, 2020 (the effective date of |
Public Act 101-610) as a conservation police officer, |
investigator for the Secretary of State, Commerce Commission |
police officer, investigator for the Department of Revenue or |
the
Illinois Gaming Board, or arson investigator under this |
Article into eligible creditable service by filing a written |
election with the Board no later than one year after January 1, |
2020 (the effective date of Public Act 101-610), accompanied |
by payment of an amount to be determined by the Board equal to |
(i) the difference between the amount of the employee |
contributions actually paid for that service and the amount of |
the employee contributions that would have been paid had the |
employee contributions been made as a noncovered employee |
serving in a position in which eligible creditable service, as |
defined in this Section, may be earned, plus (ii) interest |
|
thereon at the effective rate for each year, compounded |
annually, from the date of service to the date of payment. |
(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; |
102-538, eff. 8-20-21; 102-856, eff. 1-1-23.)
|
(Text of Section from P.A. 102-956) |
Sec. 14-110. Alternative retirement annuity.
|
(a) Any member who has withdrawn from service with not |
less than 20
years of eligible creditable service and has |
attained age 55, and any
member who has withdrawn from service |
with not less than 25 years of
eligible creditable service and |
has attained age 50, regardless of whether
the attainment of |
either of the specified ages occurs while the member is
still |
in service, shall be entitled to receive at the option of the |
member,
in lieu of the regular or minimum retirement annuity, |
a retirement annuity
computed as follows:
|
(i) for periods of service as a noncovered employee:
|
if retirement occurs on or after January 1, 2001, 3% of |
final
average compensation for each year of creditable |
service; 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% for each year of
creditable service above 20 |
years; and
|
(ii) for periods of eligible creditable service as a |
|
covered employee:
if retirement occurs on or after January |
1, 2001, 2.5% of final average
compensation for each year |
of creditable service; if retirement occurs before
January |
1, 2001, 1.67% of final average compensation for each of |
the first
10 years of such service, 1.90% for each of the |
next 10 years of such service,
2.10% for each year of such |
service in excess of 20 but not exceeding 30, and
2.30% for |
each year in excess of 30.
|
Such annuity shall be subject to a maximum of 75% of final |
average
compensation if retirement occurs before January 1, |
2001 or to a maximum
of 80% of final average compensation if |
retirement occurs on or after January
1, 2001.
|
These rates shall not be applicable to any service |
performed
by a member as a covered employee which is not |
eligible creditable service.
Service as a covered employee |
which is not eligible creditable service
shall be subject to |
the rates and provisions of Section 14-108.
|
(b) For the purpose of this Section, "eligible creditable |
service" means
creditable service resulting from service in |
one or more of the following
positions:
|
(1) State policeman;
|
(2) fire fighter in the fire protection service of a |
department;
|
(3) air pilot;
|
(4) special agent;
|
(5) investigator for the Secretary of State;
|
|
(6) conservation police officer;
|
(7) investigator for the Department of Revenue or the |
Illinois Gaming Board;
|
(8) security employee of the Department of Human |
Services;
|
(9) Central Management Services security police |
officer;
|
(10) security employee of the Department of |
Corrections or the Department of Juvenile Justice;
|
(11) dangerous drugs investigator;
|
(12) investigator for the Illinois State Police;
|
(13) investigator for the Office of the Attorney |
General;
|
(14) controlled substance inspector;
|
(15) investigator for the Office of the State's |
Attorneys Appellate
Prosecutor;
|
(16) Commerce Commission police officer;
|
(17) arson investigator;
|
(18) State highway maintenance worker;
|
(19) security employee of the Department of Innovation |
and Technology; or |
(20) transferred employee. |
A person employed in one of the positions specified in |
this subsection is
entitled to eligible creditable service for |
service credit earned under this
Article while undergoing the |
basic police training course approved by the
Illinois Law |
|
Enforcement Training
Standards Board, if
completion of that |
training is required of persons serving in that position.
For |
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.
|
A person under paragraph (20) is entitled to eligible |
creditable service for service credit earned under this |
Article on and after his or her transfer by Executive Order No. |
2003-10, Executive Order No. 2004-2, or Executive Order No. |
2016-1. |
(c) For the purposes of this Section:
|
(1) The term "State policeman" includes any title or |
position
in the Illinois State Police that is held by an |
individual employed
under the Illinois State Police Act.
|
(2) The term "fire fighter in the fire protection |
service of a
department" includes all officers in such |
fire protection service
including fire chiefs and |
assistant fire chiefs.
|
(3) The term "air pilot" includes any employee whose |
official job
description on file in the Department of |
Central Management Services, or
in the department by which |
he is employed if that department is not covered
by the |
Personnel Code, states that his principal duty is the |
operation of
aircraft, and who possesses a pilot's |
license; however, the change in this
definition made by |
|
Public Act 83-842 shall not operate to exclude
any |
noncovered employee who was an "air pilot" for the |
purposes of this
Section on January 1, 1984.
|
(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 |
Internal Investigation, the Division of Operations, the |
Division of Patrol Operations , or any
other Division or |
organizational
entity in the Illinois 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.
The term "special agent" includes any title or |
position in the Illinois State Police that is held by an |
individual employed under the Illinois State
Police Act.
|
(5) The term "investigator for the Secretary of State" |
means any person
employed by the Office of the Secretary |
of State and 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.
|
A person who became employed as an investigator for |
the Secretary of
State between January 1, 1967 and |
December 31, 1975, and who has served as
such until |
attainment of age 60, either continuously or with a single |
|
break
in service of not more than 3 years duration, which |
break terminated before
January 1, 1976, shall be entitled |
to have his retirement annuity
calculated in accordance |
with subsection (a), notwithstanding
that he has less than |
20 years of credit for such service.
|
(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 |
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. The |
term "Conservation Police Officer" includes
the positions |
of Chief Conservation Police Administrator and Assistant
|
Conservation Police Administrator.
|
(7) The term "investigator for the Department of |
Revenue" means any
person employed by the Department of |
Revenue and 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.
|
The term "investigator for the Illinois Gaming Board" |
means any
person employed as such by the Illinois Gaming |
Board and vested with such
peace officer 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.
|
|
(8) The term "security employee of the Department of |
Human Services"
means any person employed by the |
Department of Human Services who (i) is
employed at the |
Chester Mental Health Center and has daily contact with |
the
residents thereof, (ii) is employed within a security |
unit at a facility
operated by the Department and has |
daily contact with the residents of the
security unit, |
(iii) is employed at a facility operated by the Department
|
that includes a security unit and is regularly scheduled |
to work at least
50% of his or her working hours within |
that security unit, or (iv) is a mental health police |
officer.
"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 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. "Security unit" means that portion |
of a facility that is devoted to
the care, containment, |
and treatment of persons committed to the Department of
|
Human Services as sexually violent persons, persons unfit |
to stand trial, or
persons not guilty by reason of |
insanity. With respect to past employment,
references to |
the Department of Human Services include its predecessor, |
the
Department of Mental Health and Developmental |
|
Disabilities.
|
The changes made to this subdivision (c)(8) by Public |
Act 92-14 apply to persons who retire on or after January |
1,
2001, notwithstanding Section 1-103.1.
|
(9) "Central Management Services security police |
officer" means any
person employed by the Department of |
Central Management Services who is
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.
|
(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 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. For a |
member who first becomes an employee under this Article on |
or after July 1, 2005, the term means an employee of the |
Department of Corrections or the Department of Juvenile |
Justice who is any of the following: (i) officially |
|
headquartered at a correctional facility or Juvenile |
facility operated by the Department of Juvenile Justice, |
(ii) a parole officer, (iii) a member of the apprehension |
unit, (iv) a member of the intelligence unit, (v) a member |
of the sort team, or (vi) an investigator.
|
(11) The term "dangerous drugs investigator" means any |
person who is
employed as such by the Department of Human |
Services.
|
(12) The term "investigator for the Illinois State |
Police" means
a person employed by the Illinois State |
Police who is vested under
Section 4 of the Narcotic |
Control Division Abolition Act with such
law enforcement |
powers 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.
|
(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. For |
the period before January 1,
1989, the term includes all |
persons who were employed as investigators by the
Office |
of the Attorney General, without regard to social security |
status.
|
(14) "Controlled substance inspector" means any person |
|
who is employed
as such by the Department of Professional |
Regulation and is 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. The term |
"controlled substance inspector" includes the Program
|
Executive of Enforcement and the Assistant Program |
Executive of Enforcement.
|
(15) The term "investigator for the Office of the |
State's Attorneys
Appellate Prosecutor" means a person |
employed in that capacity on a full-time basis under the |
authority of Section 7.06 of the State's Attorneys
|
Appellate Prosecutor's Act.
|
(16) "Commerce Commission police officer" means any |
person employed
by the Illinois Commerce Commission who is |
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.
|
(17) "Arson investigator" means any person who is |
employed as such by
the Office of the State Fire Marshal |
and 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. A person who was |
employed as an arson
investigator on January 1, 1995 and |
|
is no longer in service but not yet
receiving a retirement |
annuity may convert his or her creditable service for
|
employment as an arson investigator into eligible |
creditable service by paying
to the System the difference |
between the employee contributions actually paid
for that |
service and the amounts that would have been contributed |
if the
applicant were contributing at the rate applicable |
to persons with the same
social security status earning |
eligible creditable service on the date of
application.
|
(18) The term "State highway maintenance worker" means |
a person who is
either of the following:
|
(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 |
construction equipment operator,
power shovel |
operator, or
bridge mechanic; and
whose principal |
responsibility is to perform, on the roadway, the |
actual
maintenance necessary to keep the highways that |
form a part of the State
highway system in serviceable |
condition for vehicular traffic.
|
(ii) A person employed on a full-time basis by the |
Illinois
State Toll Highway Authority in the position |
of
equipment operator/laborer H-4,
equipment |
operator/laborer H-6,
welder H-4,
welder H-6,
|
mechanical/electrical H-4,
mechanical/electrical H-6,
|
|
water/sewer H-4,
water/sewer H-6,
sign maker/hanger |
H-4,
sign maker/hanger H-6,
roadway lighting H-4,
|
roadway lighting H-6,
structural H-4,
structural H-6,
|
painter H-4, or
painter H-6; and
whose principal |
responsibility is to perform, on the roadway, the |
actual
maintenance necessary to keep the Authority's |
tollways in serviceable condition
for vehicular |
traffic.
|
(19) The term "security employee of the Department of |
Innovation and Technology" means a person who was a |
security employee of the Department of Corrections or the |
Department of Juvenile Justice, was transferred to the |
Department of Innovation and Technology pursuant to |
Executive Order 2016-01, and continues to perform similar |
job functions under that Department. |
(20) "Transferred employee" means an employee who was |
transferred to the Department of Central Management |
Services by Executive Order No. 2003-10 or Executive Order |
No. 2004-2 or transferred to the Department of Innovation |
and Technology by Executive Order No. 2016-1, or both, and |
was entitled to eligible creditable service for services |
immediately preceding the transfer. |
(d) A security employee of the Department of Corrections |
or the Department of Juvenile Justice, a security
employee of |
the Department of Human Services who is not a mental health |
police
officer, and a security employee of the Department of |
|
Innovation and Technology shall not be eligible for the |
alternative retirement annuity provided
by this Section unless |
he or she meets the following minimum age and service
|
requirements at the time of retirement:
|
(i) 25 years of eligible creditable service and age |
55; or
|
(ii) beginning January 1, 1987, 25 years of eligible |
creditable service
and age 54, or 24 years of eligible |
creditable service and age 55; or
|
(iii) beginning January 1, 1988, 25 years of eligible |
creditable service
and age 53, or 23 years of eligible |
creditable service and age 55; or
|
(iv) beginning January 1, 1989, 25 years of eligible |
creditable service
and age 52, or 22 years of eligible |
creditable service and age 55; or
|
(v) beginning January 1, 1990, 25 years of eligible |
creditable service
and age 51, or 21 years of eligible |
creditable service and age 55; or
|
(vi) beginning January 1, 1991, 25 years of eligible |
creditable service
and age 50, or 20 years of eligible |
creditable service and age 55.
|
Persons who have service credit under Article 16 of this |
Code for service
as a security employee of the Department of |
Corrections or the Department of Juvenile Justice, or the |
Department
of Human Services in a position requiring |
certification as a teacher may
count such service toward |
|
establishing their eligibility under the service
requirements |
of this Section; but such service may be used only for
|
establishing such eligibility, and not for the purpose of |
increasing or
calculating any benefit.
|
(e) If a member enters military service while working in a |
position in
which eligible creditable service may be earned, |
and returns to State
service in the same or another such |
position, and fulfills in all other
respects the conditions |
prescribed in this Article for credit for military
service, |
such military service shall be credited as eligible creditable
|
service for the purposes of the retirement annuity prescribed |
in this Section.
|
(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 |
employee, provided that the employee pays to the System prior |
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.
|
|
For purposes of calculating retirement annuities under |
this Section,
periods of service rendered after December 31, |
1968 and before January 1,
1982 as a covered employee in the |
position of investigator for the
Department of Revenue shall |
be deemed to have been service as a noncovered
employee, |
provided that the employee pays to the System prior 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 |
January 1, 1990, 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, |
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.
|
Subject to the limitation in subsection (i), a State |
policeman may elect,
not later than July 1, 1993, to establish |
|
eligible creditable service for
up to 10 years of his service |
as a member of the County Police Department
under Article 9, 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 9-121.10 |
and the amounts that would
have been contributed had those |
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 |
to the System under Section
5-236, 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.
|
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 10 years of
service as a sheriff's |
law enforcement employee under Article 7, by filing
a written |
election with the Board on or before January 31, 1993, 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 |
to the System under Section
7-139.7, 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.
|
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 |
officer under Article 15 by filing
a written election with the |
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. |
Subject to the limitation in subsection (i), an |
investigator for the Office of the Attorney General, or an |
investigator for the Department of Revenue, 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, or a member of the county police department under Article 9 |
by filing a written election with the Board within 6 months |
after August 25, 2009 (the effective date of Public Act |
96-745) 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, or 9-121.10 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 actuarially |
assumed 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, investigator for the |
Office of the Attorney General, an investigator for the |
Department of Revenue, or investigator for the Secretary of |
State may elect to establish eligible creditable service for |
|
up to 5 years of service as a person employed by a |
participating municipality to perform police duties, or law |
enforcement officer employed on a full-time basis by a forest |
preserve district under Article 7, a county corrections |
officer, or a court services officer under Article 9, by |
filing a written election with the Board within 6 months after |
August 25, 2009 (the effective date of Public Act 96-745) 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 |
Sections 7-139.8 and 9-121.10 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 actuarially assumed 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, arson
investigator, or Commerce Commission police |
officer may elect to establish eligible creditable service for |
up to 5 years of service as a person employed by a |
participating municipality to perform police duties under |
Article 7, a county corrections officer, a court services |
officer under Article 9, or a firefighter
under Article 4 by |
filing a written election with the Board within 6 months after |
July 30, 2021 (the effective date of Public Act 102-210) 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 |
Sections 4-108.8, 7-139.8, and 9-121.10 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 actuarially assumed rate for each year, |
compounded annually, from the date of service to the date of |
payment. |
Subject to the limitation in subsection (i), a |
conservation police officer may elect to establish eligible |
creditable service for up to 5 years of service as a person |
employed by a participating municipality to perform police |
duties under Article 7, a county corrections officer, or a |
court services officer under Article 9 by filing a written |
election with the Board within 6 months after July 30, 2021 |
(the effective date of Public Act 102-210) 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 Sections 7-139.8 |
and 9-121.10 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 actuarially |
assumed rate for each year, compounded annually, from the date |
of service to the date of payment. |
Notwithstanding the limitation in subsection (i), a State |
policeman or conservation police officer may elect to convert |
service credit earned under this Article to eligible |
|
creditable service, as defined by this Section, by filing a |
written election with the board within 6 months after July 30, |
2021 (the effective date of Public Act 102-210) and paying to |
the System an amount to be determined by the Board equal to (i) |
the difference between the amount of employee contributions |
originally paid for that service and the amounts that would |
have been contributed had such contributions been made at the |
rates applicable to State policemen, plus (ii) the difference |
between the employer's normal cost of the credit prior to the |
conversion authorized by Public Act 102-210 and the employer's |
normal cost of the credit converted in accordance with Public |
Act 102-210, plus (iii) interest thereon at the actuarially |
assumed rate for each year, compounded annually, from the date |
of service to the date of payment. |
(i) The total amount of eligible creditable service |
established by any
person under subsections (g), (h), (j), |
(k), (l), (l-5), (o), and (p) of this
Section shall not exceed |
12 years.
|
(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, compounded annually, from the date of service
to |
the date of payment.
|
(k) Subject to the limitation in subsection (i) of this |
Section, an
alternative formula employee may elect to |
establish eligible creditable
service for periods spent as a |
full-time law enforcement officer or full-time
corrections |
officer employed by the federal government or by a state or |
local
government located outside of Illinois, for which credit |
is not held in any
other public employee pension fund or |
retirement system. To obtain this
credit, the applicant must |
file a written application with the Board by March
31, 1998, |
accompanied by evidence of eligibility acceptable to the Board |
and
payment of an amount to be determined by the Board, equal |
to (1) employee
contributions for the credit being |
established, based upon the applicant's
salary on the first |
day as an alternative formula employee after the employment
|
for which credit is being established and the rates then |
applicable to
alternative formula employees, plus (2) an |
amount determined by the Board
to be the employer's normal |
cost of the benefits accrued for the credit being
established, |
plus (3) regular interest on the amounts in items (1) and (2) |
|
from
the first day as an alternative formula employee after |
the employment for which
credit is being established to the |
date of 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 up to 10 years of his or her 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, 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.
|
(l-5) Subject to the limitation in subsection (i) of this |
Section, a State policeman may elect to establish eligible |
creditable service for up to 5 years of service as a full-time |
law enforcement officer employed by the federal government or |
by a state or local government located outside of Illinois for |
which credit is not held in any other public employee pension |
fund or retirement system. To obtain this credit, the |
applicant must file a written application with the Board no |
later than 3 years after January 1, 2020 (the effective date of |
|
Public Act 101-610), accompanied by evidence of eligibility |
acceptable to the Board and payment of an amount to be |
determined by the Board, equal to (1) employee contributions |
for the credit being established, based upon the applicant's |
salary on the first day as an alternative formula employee |
after the employment for which credit is being established and |
the rates then applicable to alternative formula employees, |
plus (2) an amount determined by the Board to be the employer's |
normal cost of the benefits accrued for the credit being |
established, plus (3) regular interest on the amounts in items |
(1) and (2) from the first day as an alternative formula |
employee after the employment for which credit is being |
established to the date of payment. |
(m) The amendatory changes to this Section made by Public |
Act 94-696 apply only to: (1) security employees of the |
Department of Juvenile Justice employed by the Department of |
Corrections before June 1, 2006 (the effective date of Public |
Act 94-696) and transferred to the Department of Juvenile |
Justice by Public Act 94-696; and (2) persons employed by the |
Department of Juvenile Justice on or after June 1, 2006 (the |
effective date of Public Act 94-696) who are required by |
subsection (b) of Section 3-2.5-15 of the Unified Code of |
Corrections to have any bachelor's or advanced degree from an |
accredited college or university or, in the case of persons |
who provide vocational training, who are required to have |
adequate knowledge in the skill for which they are providing |
|
the vocational training.
|
(n) A person employed in a position under subsection (b) |
of this Section who has purchased service credit under |
subsection (j) of Section 14-104 or subsection (b) of Section |
14-105 in any other capacity under this Article may convert up |
to 5 years of that service credit into service credit covered |
under this Section by paying to the Fund an amount equal to (1) |
the additional employee contribution required under Section |
14-133, plus (2) the additional employer contribution required |
under Section 14-131, plus (3) interest on items (1) and (2) at |
the actuarially assumed rate from the date of the service to |
the date of payment. |
(o) Subject to the limitation in subsection (i), a |
conservation police officer, investigator for the Secretary of |
State, Commerce Commission police officer, investigator for |
the Department of Revenue or the
Illinois Gaming Board, or |
arson investigator subject to subsection (g) of Section 1-160 |
may elect to convert up to 8 years of service credit |
established before January 1, 2020 (the effective date of |
Public Act 101-610) as a conservation police officer, |
investigator for the Secretary of State, Commerce Commission |
police officer, investigator for the Department of Revenue or |
the
Illinois Gaming Board, or arson investigator under this |
Article into eligible creditable service by filing a written |
election with the Board no later than one year after January 1, |
2020 (the effective date of Public Act 101-610), accompanied |
|
by payment of an amount to be determined by the Board equal to |
(i) the difference between the amount of the employee |
contributions actually paid for that service and the amount of |
the employee contributions that would have been paid had the |
employee contributions been made as a noncovered employee |
serving in a position in which eligible creditable service, as |
defined in this Section, may be earned, plus (ii) interest |
thereon at the effective rate for each year, compounded |
annually, from the date of service to the date of payment. |
(p) Subject to the limitation in subsection (i), an |
investigator for the Office of the Attorney General subject to |
subsection (g) of Section 1-160 may elect to convert up to 8 |
years of service credit established before the effective date |
of this amendatory Act of the 102nd General Assembly as an |
investigator for the Office of the Attorney General under this |
Article into eligible creditable service by filing a written |
election with the Board no later than one year after the |
effective date of this amendatory Act of the 102nd General |
Assembly, accompanied by payment of an amount to be determined |
by the Board equal to (i) the difference between the amount of |
the employee contributions actually paid for that service and |
the amount of the employee contributions that would have been |
paid had the employee contributions been made as a noncovered |
employee serving in a position in which eligible creditable |
service, as defined in this Section, may be earned, plus (ii) |
interest thereon at the effective rate for each year, |
|
compounded annually, from the date of service to the date of |
payment. |
(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; |
102-538, eff. 8-20-21; 102-956, eff. 5-27-22 .)
|
Section 45. The Intergovernmental Missing Child Recovery |
Act of 1984 is amended by changing Section 6 as follows:
|
(325 ILCS 40/6) (from Ch. 23, par. 2256)
|
Sec. 6. The Illinois State Police shall:
|
(a) Utilize the statewide Law Enforcement Agencies Data
|
System (LEADS) for the purpose of effecting an immediate law |
enforcement
response to reports of missing children. The |
Illinois State Police shall implement an
automated data |
exchange system to compile, to maintain and to make
available |
for dissemination to Illinois and out-of-State law enforcement
|
agencies, data which can assist appropriate agencies in |
recovering missing
children.
|
(b) Establish contacts and exchange information regarding |
lost, missing or
runaway children with nationally recognized |
"missing person and runaway"
service organizations and monitor |
national research and publicize important
developments.
|
(c) Provide a uniform reporting format for the entry of |
pertinent
information regarding reports of missing children |
into LEADS.
|
(d) Develop and implement a policy whereby a statewide or |
|
regional alert
would be used in situations relating to the |
disappearances of children,
based on criteria and in a format |
established by the Illinois State Police. Such a
format shall |
include, but not be limited to, the age and physical |
description
of the missing child and the suspected |
circumstances of the disappearance.
|
(e) Notify all law enforcement agencies that reports of |
missing persons
shall be entered as soon as the minimum level |
of data specified by the Illinois State Police
is available to |
the reporting agency and that no waiting period
for entry of |
such data exists.
|
(f) Provide a procedure for prompt confirmation of the |
receipt and entry of
the missing child report into LEADS to the |
parent or guardian of the missing
child.
|
(g) Compile and retain information regarding missing |
children in a
separate data file, in a manner that allows such |
information to be used by
law enforcement and other agencies |
deemed appropriate by the Director, for
investigative |
purposes. Such files shall be updated to reflect and include
|
information relating to the disposition of the case.
|
(h) Compile and maintain an historic data repository |
relating to missing
children in order (1) to develop and |
improve techniques utilized by law
enforcement agencies when |
responding to reports of missing children and (2)
to provide a |
factual and statistical base for research that would address
|
the problem of missing children.
|
|
(i) Create a quality control program to assess the monitor |
timeliness of entries of
missing children reports into LEADS |
and conduct performance audits of all
entering agencies.
|
(j) Prepare a periodic information bulletin concerning |
missing children
who it determines may be present in this |
State, compiling such bulletin from
information contained in |
both the National Crime Information Center computer
and from |
reports, alerts and other information entered into LEADS or
|
otherwise compiled and retained by the Illinois State Police |
pursuant to this Act. The
bulletin shall indicate the name, |
age, physical description, suspected
circumstances of |
disappearance if that information is available, a photograph
|
if one is available, the name of the law enforcement agency |
investigating the
case, and such other information as the |
Director considers appropriate
concerning each missing child |
who the Illinois State Police determines may be present in
|
this State. The Illinois State Police shall send a copy of each |
periodic information
bulletin to the State Board of Education |
for its use in accordance with Section
2-3.48 of the School |
Code. The Illinois State Police shall provide a copy of the |
bulletin,
upon request, to law enforcement agencies of this or |
any other state or of the
federal government, and may provide a |
copy of the bulletin, upon request, to
other persons or |
entities, if deemed appropriate by the Director, and may
|
establish limitations on its use and a reasonable fee for so |
providing the
same, except that no fee shall be charged for |
|
providing the periodic
information bulletin to the State Board |
of Education, appropriate units of
local government, State |
agencies, or law enforcement agencies of this or any
other |
state or of the federal government.
|
(k) Provide for the entry into LEADS of the names and |
addresses of sex
offenders as defined in the Sex Offender |
Registration Act who are required to
register under that Act. |
The information shall be immediately accessible to
law |
enforcement agencies and peace officers of this State or any |
other state or
of the federal government. Similar information |
may be requested from any other
state or of the federal |
government for purposes of this Act.
|
(l) Provide for the entry into LEADS of the names and |
addresses of violent offenders against youth as defined in the |
Murderer and Violent Offender Against Youth Registration Act |
who are required to
register under that Act. The information |
shall be immediately accessible to
law enforcement agencies |
and peace officers of this State or any other state or
of the |
federal government. Similar information may be requested from |
any other
state or of the federal government for purposes of |
this Act.
|
(Source: P.A. 102-538, eff. 8-20-21.)
|
Section 50. The Sex Offender Registration Act is amended |
by changing Section 11 as follows:
|
|
(730 ILCS 150/11)
|
Sec. 11. Offender Registration Fund. There is created the |
Offender Registration Fund (formerly known as the Sex
Offender |
Registration Fund). Moneys in the Fund shall be used to cover |
costs
incurred by the criminal justice system to administer |
this Article and the Murderer and Violent Offender Against |
Youth Registration Act, and for purposes as authorized under |
this Section 5-9-1.15 of the Unified Code of Corrections . The |
Illinois
State Police shall establish and promulgate rules and |
procedures
regarding the administration of this Fund. Fifty |
percent of the moneys
in the Fund shall be allocated by the |
Department for sheriffs' offices and
police departments. The |
remaining moneys in the Fund received under this amendatory |
Act of the 101st General Assembly shall be allocated to the |
Illinois State Police for education and administration of the |
Act.
|
Notwithstanding any other provision of law, in
addition to |
any other transfers that may be provided by law, on
the |
effective date of this amendatory Act of the 103rd General
|
Assembly, or as soon thereafter as practical, the State
|
Comptroller shall direct and the State Treasurer shall |
transfer
the remaining balance from the Sex Offender |
Investigation Fund
to the Offender Registration Fund. Upon |
completion of the
transfers, the Sex Offender Investigation |
Fund is dissolved,
and any future deposits into the Sex |
Offender Investigation Fund and any outstanding
obligations or |