Bill Text: IL SB1056 | 2021-2022 | 102nd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill with the following changes. In provisions amending the State Universities Retirement System Article of the Illinois Pension Code, removes language that changes references to the "optional defined contribution benefit" to "optional defined contribution plan". Amends the State Employees Group Insurance Act of 1971. Deletes language providing that if in any case an error is made in billing a TRS benefit recipient under a provision concerning health benefits for TRS benefit recipients and TRS dependent beneficiaries, the Department shall identify the error and refund the overpaid amount as soon as practicable; and providing that a TRS benefit recipient who has overpaid shall be entitled to a refund of overpayments for up to 7 years of past payments. Provides that if, for any month beginning on or after January 1, 2013, a TRS benefit recipient or TRS dependent beneficiary was enrolled in Medicare Parts A and B and such Medicare coverage was primary to coverage under certain provisions of the Act but payment for that coverage was made at a rate greater than the Medicare primary rate published by the Department of Central Management Services, the TRS benefit recipient or TRS dependent beneficiary shall be eligible for a refund equal to the difference between the amount paid by the TRS benefit recipient or TRS dependent beneficiary and the published Medicare primary rate. Provides that to receive a refund, the TRS benefit recipient or TRS dependent beneficiary must provide documentation to the Department of Central Management Services evidencing the TRS benefit recipient's or TRS dependent beneficiary's Medicare coverage and the amount paid by the TRS benefit recipient or TRS dependent beneficiary during the applicable time period. Certain changes to the Illinois Pension Code and the changes to the State Mandates Act are effective immediately.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2021-07-30 - Public Act . . . . . . . . . 102-0210 [SB1056 Detail]
Download: Illinois-2021-SB1056-Enrolled.html
Bill Title: Reinserts the provisions of the engrossed bill with the following changes. In provisions amending the State Universities Retirement System Article of the Illinois Pension Code, removes language that changes references to the "optional defined contribution benefit" to "optional defined contribution plan". Amends the State Employees Group Insurance Act of 1971. Deletes language providing that if in any case an error is made in billing a TRS benefit recipient under a provision concerning health benefits for TRS benefit recipients and TRS dependent beneficiaries, the Department shall identify the error and refund the overpaid amount as soon as practicable; and providing that a TRS benefit recipient who has overpaid shall be entitled to a refund of overpayments for up to 7 years of past payments. Provides that if, for any month beginning on or after January 1, 2013, a TRS benefit recipient or TRS dependent beneficiary was enrolled in Medicare Parts A and B and such Medicare coverage was primary to coverage under certain provisions of the Act but payment for that coverage was made at a rate greater than the Medicare primary rate published by the Department of Central Management Services, the TRS benefit recipient or TRS dependent beneficiary shall be eligible for a refund equal to the difference between the amount paid by the TRS benefit recipient or TRS dependent beneficiary and the published Medicare primary rate. Provides that to receive a refund, the TRS benefit recipient or TRS dependent beneficiary must provide documentation to the Department of Central Management Services evidencing the TRS benefit recipient's or TRS dependent beneficiary's Medicare coverage and the amount paid by the TRS benefit recipient or TRS dependent beneficiary during the applicable time period. Certain changes to the Illinois Pension Code and the changes to the State Mandates Act are effective immediately.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2021-07-30 - Public Act . . . . . . . . . 102-0210 [SB1056 Detail]
Download: Illinois-2021-SB1056-Enrolled.html
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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Article 5. | ||||||
5 | Section 5-5. The Illinois Pension Code is amended by | ||||||
6 | changing Sections 2-121.3, 7-141, 14-121.1, 15-135, 16-142.3, | ||||||
7 | and 18-128.3 as follows:
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8 | (40 ILCS 5/2-121.3) (from Ch. 108 1/2, par. 2-121.3)
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9 | Sec. 2-121.3. Required distributions. | ||||||
10 | (a) A person who would be
eligible to receive a survivor's | ||||||
11 | annuity under this Article but for the
fact that the person has | ||||||
12 | not yet attained age 50, shall be eligible for a
monthly | ||||||
13 | distribution under this subsection (a), provided that the | ||||||
14 | payment
of such distribution is required by federal law.
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15 | The distribution shall become payable on (i) July 1, 1987, | ||||||
16 | (ii) December
1 of the calendar year immediately following the | ||||||
17 | calendar year in which the
deceased spouse died, or (iii) | ||||||
18 | December 1 of the calendar year in which the
deceased spouse | ||||||
19 | would have attained age 72 70 1/2 , whichever occurs last, and
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20 | shall remain payable until the first of the following to | ||||||
21 | occur: (1) the
person becomes eligible to receive a survivor's | ||||||
22 | annuity under this Article;
(2) the end of the month in which |
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1 | the person ceases to be eligible to
receive a survivor's | ||||||
2 | annuity upon attainment of age 50, due to remarriage
or death; | ||||||
3 | or (3) the end of the month in which such distribution ceases | ||||||
4 | to
be required by federal law.
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5 | The amount of the distribution shall be fixed at the time | ||||||
6 | the
distribution first becomes payable, and shall be | ||||||
7 | calculated in the same
manner as a survivor's annuity under | ||||||
8 | Sections 2-121, 2-121.1 and 2-121.2,
but excluding: (A) any | ||||||
9 | requirement for an application for the distribution;
(B) any | ||||||
10 | automatic annual increases, supplemental increases, or | ||||||
11 | one-time
increases that may be provided by law for survivor's | ||||||
12 | annuities; and (C) any
lump-sum or death benefit.
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13 | (b) For the purpose of this Section, a distribution shall | ||||||
14 | be deemed to be
required by federal law if: (1) directly | ||||||
15 | mandated by federal statute, rule,
or administrative or court | ||||||
16 | decision; or (2) indirectly mandated through
imposition of | ||||||
17 | substantial tax or other penalties for noncompliance.
| ||||||
18 | (c) Notwithstanding Section 1-103.1 of this Code, a member | ||||||
19 | need not be
in service on or after the effective date of this | ||||||
20 | amendatory Act of 1989
for the member's surviving spouse to be | ||||||
21 | eligible for a
distribution under this Section.
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22 | (Source: P.A. 86-273.)
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23 | (40 ILCS 5/7-141) (from Ch. 108 1/2, par. 7-141)
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24 | Sec. 7-141. Retirement annuities; conditions annuities - | ||||||
25 | Conditions . Retirement annuities shall be payable as |
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1 | hereinafter set forth:
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2 | (a) A participating employee who, regardless of cause, is | ||||||
3 | separated
from the service of all participating municipalities | ||||||
4 | and
instrumentalities thereof and participating | ||||||
5 | instrumentalities shall be
entitled to a retirement annuity | ||||||
6 | provided:
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7 | 1. He is at least age 55, or in the case of a person | ||||||
8 | who is eligible
to have his annuity calculated under | ||||||
9 | Section 7-142.1, he is at least age 50;
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10 | 2. He is not entitled to receive earnings for | ||||||
11 | employment in a position requiring him, or entitling him | ||||||
12 | to elect, to be a participating employee;
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13 | 3. The amount of his annuity, before the application | ||||||
14 | of paragraph (b) of
Section 7-142 is at least $10 per | ||||||
15 | month;
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16 | 4. If he first became a participating employee after | ||||||
17 | December 31,
1961, he has at least 8 years of service. This | ||||||
18 | service requirement shall not
apply to any participating | ||||||
19 | employee, regardless of participation date, if the
General | ||||||
20 | Assembly terminates the Fund.
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21 | (b) Retirement annuities shall be payable:
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22 | 1. As provided in Section 7-119;
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23 | 2. Except as provided in item 3, upon receipt by the | ||||||
24 | fund of a written
application. The effective date may be | ||||||
25 | not more than one
year prior to the date of the receipt by | ||||||
26 | the fund of the application;
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1 | 3. Upon attainment of the required age of distribution | ||||||
2 | under Section 401(a)(9) of the Internal Revenue Code of | ||||||
3 | 1986, as amended, age 70 1/2 if the member (i) is no longer | ||||||
4 | in
service,
and (ii) is otherwise entitled to an annuity | ||||||
5 | under this Article;
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6 | 4. To the beneficiary of the deceased annuitant for | ||||||
7 | the unpaid amount
accrued to date of death, if any.
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8 | (Source: P.A. 97-328, eff. 8-12-11; 97-609, eff. 1-1-12.)
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9 | (40 ILCS 5/14-121.1) (from Ch. 108 1/2, par. 14-121.1)
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10 | Sec. 14-121.1. Required distributions. | ||||||
11 | (a) A person who would be
eligible to receive a widow's or | ||||||
12 | survivor's annuity under this Article but
for the fact that | ||||||
13 | the person has not yet attained age 50, shall be eligible
for a | ||||||
14 | monthly distribution under this subsection (a), provided that | ||||||
15 | the
payment of such distribution is required by federal law.
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16 | The distribution shall become payable on (i) July 1, 1987, | ||||||
17 | (ii) December
1 of the calendar year immediately following the | ||||||
18 | calendar year in which the
deceased spouse died, or (iii) | ||||||
19 | December 1 of the calendar year in which the
deceased spouse | ||||||
20 | would have attained age 72 70 1/2 , whichever occurs last, and
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21 | shall remain payable until the first of the following to | ||||||
22 | occur: (1) the
person becomes eligible to receive a widow's or | ||||||
23 | survivor's annuity under
this Article; (2) the end of the | ||||||
24 | month in which the person
ceases to be eligible to receive a | ||||||
25 | widow's or survivor's annuity upon
attainment of age 50, due |
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1 | to remarriage or death; or (3) the end of the
month in which | ||||||
2 | such distribution ceases to be required by federal law.
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3 | The amount of the distribution shall be fixed at the time | ||||||
4 | the
distribution first becomes payable, and shall be | ||||||
5 | calculated in the same
manner as a survivor's annuity under | ||||||
6 | Sections 14-120, 14-121 and 14-122
(or, in the case of a person | ||||||
7 | who has elected to receive a widow's annuity
instead of a | ||||||
8 | survivor's annuity, in the same manner as the widow's annuity
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9 | under Sections 14-118 and 14-119), but excluding: (A) any | ||||||
10 | requirement for
an application for the distribution; (B) any | ||||||
11 | automatic annual increases,
supplemental increases, or | ||||||
12 | one-time increases that may be provided by law
for survivor's | ||||||
13 | or widow's annuities; and (C) any lump-sum or death benefit.
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14 | (b) For the purpose of this Section, a distribution shall | ||||||
15 | be deemed to be
required by federal law if: (1) directly | ||||||
16 | mandated by federal statute, rule,
or administrative or court | ||||||
17 | decision; or (2) indirectly mandated through
imposition of | ||||||
18 | substantial tax or other penalties for noncompliance.
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19 | (c) Notwithstanding Section 1-103.1 of this Code, a member | ||||||
20 | need not be
in service on or after the effective date of this | ||||||
21 | amendatory Act of 1989
for the member's surviving spouse to be | ||||||
22 | eligible for a
distribution under this Section.
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23 | (Source: P.A. 86-273.)
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24 | (40 ILCS 5/15-135) (from Ch. 108 1/2, par. 15-135)
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25 | Sec. 15-135. Retirement annuities; conditions annuities - |
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1 | Conditions .
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2 | (a) This subsection (a) applies only to a Tier 1 member. A | ||||||
3 | participant who retires in one of the following specified | ||||||
4 | years with
the specified amount of service is entitled to a | ||||||
5 | retirement annuity at any age
under the retirement program | ||||||
6 | applicable to the participant:
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7 | 35 years if retirement is in 1997 or before;
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8 | 34 years if retirement is in 1998;
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9 | 33 years if retirement is in 1999;
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10 | 32 years if retirement is in 2000;
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11 | 31 years if retirement is in 2001;
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12 | 30 years if retirement is in 2002 or later.
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13 | A participant with 8 or more years of service after | ||||||
14 | September 1, 1941, is
entitled to a retirement annuity on or | ||||||
15 | after attainment of age 55.
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16 | A participant with at least 5 but less than 8 years
of | ||||||
17 | service after September 1, 1941, is entitled to a retirement | ||||||
18 | annuity on
or after attainment of age 62.
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19 | A participant who has at least 25 years of service in this | ||||||
20 | system as a
police officer or firefighter is entitled to a | ||||||
21 | retirement
annuity on or after the attainment of age 50, if | ||||||
22 | Rule 4 of Section
15-136 is applicable to the participant.
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23 | (a-5) A Tier 2 member is entitled to a retirement annuity | ||||||
24 | upon written application if he or she has attained age 67 and | ||||||
25 | has at least 10 years of service credit and is otherwise | ||||||
26 | eligible under the requirements of this Article. A Tier 2 |
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1 | member who has attained age 62 and has at least 10 years of | ||||||
2 | service credit and is otherwise eligible under the | ||||||
3 | requirements of this Article may elect to receive the lower | ||||||
4 | retirement annuity provided in subsection (b-5) of Section | ||||||
5 | 15-136 of this Article. | ||||||
6 | (a-10) A Tier 2 member who has at least 20 years of service | ||||||
7 | in this system as a police officer or firefighter is entitled | ||||||
8 | to a retirement annuity upon written application on or after | ||||||
9 | the attainment of age 60 if Rule 4 of Section 15-136 is | ||||||
10 | applicable to the participant. The changes made to this | ||||||
11 | subsection by this amendatory Act of the 101st General | ||||||
12 | Assembly apply retroactively to January 1, 2011. | ||||||
13 | (b) The annuity payment period shall begin on the date | ||||||
14 | specified by the
participant or the recipient of a disability | ||||||
15 | retirement annuity submitting a written application. For a | ||||||
16 | participant, the date on which the annuity payment period | ||||||
17 | begins shall not be prior
to termination of employment or more | ||||||
18 | than one year before the application is
received by the board; | ||||||
19 | however, if the participant is not an employee of an
employer | ||||||
20 | participating in this System or in a participating system as | ||||||
21 | defined
in Article 20 of this Code on April 1 of the calendar | ||||||
22 | year next following
the calendar year in which the participant | ||||||
23 | attains the age specified under Section 401(a)(9) of the | ||||||
24 | Internal Revenue Code of 1986, as amended 70 1/2 , the annuity
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25 | payment period shall begin on that date regardless of whether | ||||||
26 | an application
has been filed. For a recipient of a disability |
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1 | retirement annuity, the date on which the annuity payment | ||||||
2 | period begins shall not be prior to the discontinuation of the | ||||||
3 | disability retirement annuity under Section 15-153.2.
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4 | (c) An annuity is not payable if the amount provided under | ||||||
5 | Section
15-136 is less than $10 per month.
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6 | (Source: P.A. 100-556, eff. 12-8-17; 101-610, eff. 1-1-20.)
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7 | (40 ILCS 5/16-142.3) (from Ch. 108 1/2, par. 16-142.3)
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8 | Sec. 16-142.3. Required distributions. | ||||||
9 | (a) A person who would be
eligible to receive a monthly | ||||||
10 | survivor benefit under this Article but for
the fact that the | ||||||
11 | person has not yet attained age 50, and who has not elected
to | ||||||
12 | receive a lump sum distribution under subsection (a) of | ||||||
13 | Section 16-141,
shall be eligible for a monthly distribution | ||||||
14 | under this subsection (a),
provided that the payment of such | ||||||
15 | distribution is required by federal law.
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16 | The distribution shall become payable on (i) July 1, 1987, | ||||||
17 | (ii) December
1 of the calendar year immediately following the | ||||||
18 | calendar year in which the
member or annuitant died, or (iii) | ||||||
19 | December 1 of the calendar year in which
the deceased member or | ||||||
20 | annuitant would have attained age 72 70 1/2 , whichever
occurs | ||||||
21 | latest, and shall remain payable until the first of the | ||||||
22 | following to
occur: (1) the person becomes eligible to receive | ||||||
23 | a monthly survivor
benefit under this Article; (2) the day | ||||||
24 | following the date on which the
member ceases to be eligible to | ||||||
25 | receive a monthly survivor benefit upon
attainment of age 50, |
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1 | due to remarriage or death; or (3) the day on which
such | ||||||
2 | distribution ceases to be required by federal law.
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3 | The amount of the distribution shall be fixed at the time | ||||||
4 | the
distribution first becomes payable, and shall be | ||||||
5 | calculated in the same
manner as the monthly survivor benefit | ||||||
6 | under Sections 16-141, 16-142,
16-142.1 and 16-142.2, but | ||||||
7 | excluding any
automatic annual increases, supplemental | ||||||
8 | increases, or one-time increases
that may be provided by law | ||||||
9 | for monthly survivor benefits.
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10 | (b) For the purpose of this Section, a distribution shall | ||||||
11 | be deemed to
be required by federal law if: (1) directly | ||||||
12 | mandated by federal statute,
rule, or administrative or court | ||||||
13 | decision; or (2) indirectly mandated
through imposition of | ||||||
14 | substantial tax or other penalties for noncompliance.
| ||||||
15 | (c) Notwithstanding Section 1-103.1 of this Code, a member | ||||||
16 | need not be
in service on or after the effective date of this | ||||||
17 | amendatory Act of 1989
for the member's surviving spouse to be | ||||||
18 | eligible for a distribution under this Section.
| ||||||
19 | (Source: P.A. 86-273 .)
| ||||||
20 | (40 ILCS 5/18-128.3) (from Ch. 108 1/2, par. 18-128.3)
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21 | Sec. 18-128.3. Required distributions. | ||||||
22 | (a) A person who would be
eligible to receive a survivor's | ||||||
23 | annuity under this Article but for the
fact that the person has | ||||||
24 | not yet attained age 50, shall be eligible for a
monthly | ||||||
25 | distribution under this subsection (a), provided that the |
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1 | payment
of such distribution is required by federal law.
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2 | The distribution shall become payable on (i) July 1, 1987, | ||||||
3 | (ii) December
1 of the calendar year immediately following the | ||||||
4 | calendar year in which the
deceased spouse died, or (iii) | ||||||
5 | December 1 of the calendar year in which the
deceased spouse | ||||||
6 | would have attained age 72 70 1/2 , whichever occurs last, and
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7 | shall remain payable until the first of the following to | ||||||
8 | occur: (1) the
person becomes eligible to receive a survivor's | ||||||
9 | annuity under this Article;
(2) the end of the month in which | ||||||
10 | the person ceases to be eligible to
receive a survivor's | ||||||
11 | annuity upon attainment of age 50, due to remarriage
or death; | ||||||
12 | or (3) the end of the month in which such distribution ceases | ||||||
13 | to
be required by federal law.
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14 | The amount of the distribution shall be fixed at the time | ||||||
15 | the
distribution first becomes payable, and shall be | ||||||
16 | calculated in the same
manner as a survivor's annuity under | ||||||
17 | Sections 18-128 through 18-128.2,
but excluding: (A) any | ||||||
18 | requirement for
an application for the distribution; (B) any | ||||||
19 | automatic annual increases,
supplemental increases, or | ||||||
20 | one-time increases that may be provided by law
for survivor's | ||||||
21 | annuities; and (C) any lump-sum or death benefit.
| ||||||
22 | (b) For the purpose of this Section, a distribution shall | ||||||
23 | be deemed to be
required by federal law if: (1) directly | ||||||
24 | mandated by federal statute, rule,
or administrative or court | ||||||
25 | decision; or (2) indirectly mandated through
imposition of | ||||||
26 | substantial tax or other penalties for noncompliance.
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1 | (c) Notwithstanding Section 1-103.1 of this Code, a member | ||||||
2 | need not be
in service on or after the effective date of this | ||||||
3 | amendatory Act of 1989
for the member's surviving spouse to be | ||||||
4 | eligible for a
distribution under this Section.
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5 | (Source: P.A. 86-273.)
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6 | Article 10. | ||||||
7 | Section 10-5. The Illinois Pension Code is amended by | ||||||
8 | changing Sections 1-160, 7-114, 7-116, 7-141, 7-141.1, 7-142, | ||||||
9 | 7-144, 7-156, and 7-191 and by adding Sections 7-109.4 and | ||||||
10 | 7-109.5 as follows:
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11 | (40 ILCS 5/1-160)
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12 | Sec. 1-160. Provisions applicable to new hires. | ||||||
13 | (a) The provisions of this Section apply to a person who, | ||||||
14 | on or after January 1, 2011, first becomes a member or a | ||||||
15 | participant under any reciprocal retirement system or pension | ||||||
16 | fund established under this Code, other than a retirement | ||||||
17 | system or pension fund established under Article 2, 3, 4, 5, 6, | ||||||
18 | 7, 15 , or 18 of this Code, notwithstanding any other provision | ||||||
19 | of this Code to the contrary, but do not apply to any | ||||||
20 | self-managed plan established under this Code , to any person | ||||||
21 | with respect to service as a sheriff's law enforcement | ||||||
22 | employee under Article 7, or to any participant of the | ||||||
23 | retirement plan established under Section 22-101 ; except that |
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1 | this Section applies to a person who elected to establish | ||||||
2 | alternative credits by electing in writing after January 1, | ||||||
3 | 2011, but before August 8, 2011, under Section 7-145.1 of this | ||||||
4 | Code . Notwithstanding anything to the contrary in this | ||||||
5 | Section, for purposes of this Section, a person who is a Tier 1 | ||||||
6 | regular employee as defined in Section 7-109.4 of this Code or | ||||||
7 | who participated in a retirement system under Article 15 prior | ||||||
8 | to January 1, 2011 shall be deemed a person who first became a | ||||||
9 | member or participant prior to January 1, 2011 under any | ||||||
10 | retirement system or pension fund subject to this Section. The | ||||||
11 | changes made to this Section by Public Act 98-596 are a | ||||||
12 | clarification of existing law and are intended to be | ||||||
13 | retroactive to January 1, 2011 (the effective date of Public | ||||||
14 | Act 96-889), notwithstanding the provisions of Section 1-103.1 | ||||||
15 | of this Code. | ||||||
16 | This Section does not apply to a person who first becomes a | ||||||
17 | noncovered employee under Article 14 on or after the | ||||||
18 | implementation date of the plan created under Section 1-161 | ||||||
19 | for that Article, unless that person elects under subsection | ||||||
20 | (b) of Section 1-161 to instead receive the benefits provided | ||||||
21 | under this Section and the applicable provisions of that | ||||||
22 | Article. | ||||||
23 | This Section does not apply to a person who first becomes a | ||||||
24 | member or participant under Article 16 on or after the | ||||||
25 | implementation date of the plan created under Section 1-161 | ||||||
26 | for that Article, unless that person elects under subsection |
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| |||||||
1 | (b) of Section 1-161 to instead receive the benefits provided | ||||||
2 | under this Section and the applicable provisions of that | ||||||
3 | Article. | ||||||
4 | This Section does not apply to a person who elects under | ||||||
5 | subsection (c-5) of Section 1-161 to receive the benefits | ||||||
6 | under Section 1-161. | ||||||
7 | This Section does not apply to a person who first becomes a | ||||||
8 | member or participant of an affected pension fund on or after 6 | ||||||
9 | months after the resolution or ordinance date, as defined in | ||||||
10 | Section 1-162, unless that person elects under subsection (c) | ||||||
11 | of Section 1-162 to receive the benefits provided under this | ||||||
12 | Section and the applicable provisions of the Article under | ||||||
13 | which he or she is a member or participant. | ||||||
14 | (b) "Final average salary" means the average monthly (or | ||||||
15 | annual) salary obtained by dividing the total salary or | ||||||
16 | earnings calculated under the Article applicable to the member | ||||||
17 | or participant during the 96 consecutive months (or 8 | ||||||
18 | consecutive years) of service within the last 120 months (or | ||||||
19 | 10 years) of service in which the total salary or earnings | ||||||
20 | calculated under the applicable Article was the highest by the | ||||||
21 | number of months (or years) of service in that period. For the | ||||||
22 | purposes of a person who first becomes a member or participant | ||||||
23 | of any retirement system or pension fund to which this Section | ||||||
24 | applies on or after January 1, 2011, in this Code, "final | ||||||
25 | average salary" shall be substituted for the following: | ||||||
26 | (1) (Blank). In Article 7 (except for service as |
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| |||||||
1 | sheriff's law enforcement employees), "final rate of | ||||||
2 | earnings". | ||||||
3 | (2) In Articles 8, 9, 10, 11, and 12, "highest average | ||||||
4 | annual salary for any 4 consecutive years within the last | ||||||
5 | 10 years of service immediately preceding the date of | ||||||
6 | withdrawal". | ||||||
7 | (3) In Article 13, "average final salary". | ||||||
8 | (4) In Article 14, "final average compensation". | ||||||
9 | (5) In Article 17, "average salary". | ||||||
10 | (6) In Section 22-207, "wages or salary received by | ||||||
11 | him at the date of retirement or discharge". | ||||||
12 | (b-5) Beginning on January 1, 2011, for all purposes under | ||||||
13 | this Code (including without limitation the calculation of | ||||||
14 | benefits and employee contributions), the annual earnings, | ||||||
15 | salary, or wages (based on the plan year) of a member or | ||||||
16 | participant to whom this Section applies shall not exceed | ||||||
17 | $106,800; however, that amount shall annually thereafter be | ||||||
18 | increased by the lesser of (i) 3% of that amount, including all | ||||||
19 | previous adjustments, or (ii) one-half the annual unadjusted | ||||||
20 | percentage increase (but not less than zero) in the consumer | ||||||
21 | price index-u
for the 12 months ending with the September | ||||||
22 | preceding each November 1, including all previous adjustments. | ||||||
23 | For the purposes of this Section, "consumer price index-u" | ||||||
24 | means
the index published by the Bureau of Labor Statistics of | ||||||
25 | the United States
Department of Labor that measures the | ||||||
26 | average change in prices of goods and
services purchased by |
| |||||||
| |||||||
1 | all urban consumers, United States city average, all
items, | ||||||
2 | 1982-84 = 100. The new amount resulting from each annual | ||||||
3 | adjustment
shall be determined by the Public Pension Division | ||||||
4 | of the Department of Insurance and made available to the | ||||||
5 | boards of the retirement systems and pension funds by November | ||||||
6 | 1 of each year. | ||||||
7 | (c) A member or participant is entitled to a retirement
| ||||||
8 | annuity upon written application if he or she has attained age | ||||||
9 | 67 (beginning January 1, 2015, age 65 with respect to service | ||||||
10 | under Article 12 of this Code that is subject to this Section) | ||||||
11 | and has at least 10 years of service credit and is otherwise | ||||||
12 | eligible under the requirements of the applicable Article. | ||||||
13 | A member or participant who has attained age 62 (beginning | ||||||
14 | January 1, 2015, age 60 with respect to service under Article | ||||||
15 | 12 of this Code that is subject to this Section) and has at | ||||||
16 | least 10 years of service credit and is otherwise eligible | ||||||
17 | under the requirements of the applicable Article may elect to | ||||||
18 | receive the lower retirement annuity provided
in subsection | ||||||
19 | (d) of this Section. | ||||||
20 | (c-5) A person who first becomes a member or a participant | ||||||
21 | subject to this Section on or after July 6, 2017 (the effective | ||||||
22 | date of Public Act 100-23), notwithstanding any other | ||||||
23 | provision of this Code to the contrary, is entitled to a | ||||||
24 | retirement annuity under Article 8 or Article 11 upon written | ||||||
25 | application if he or she has attained age 65 and has at least | ||||||
26 | 10 years of service credit and is otherwise eligible under the |
| |||||||
| |||||||
1 | requirements of Article 8 or Article 11 of this Code, | ||||||
2 | whichever is applicable. | ||||||
3 | (d) The retirement annuity of a member or participant who | ||||||
4 | is retiring after attaining age 62 (beginning January 1, 2015, | ||||||
5 | age 60 with respect to service under Article 12 of this Code | ||||||
6 | that is subject to this Section) with at least 10 years of | ||||||
7 | service credit shall be reduced by one-half
of 1% for each full | ||||||
8 | month that the member's age is under age 67 (beginning January | ||||||
9 | 1, 2015, age 65 with respect to service under Article 12 of | ||||||
10 | this Code that is subject to this Section). | ||||||
11 | (d-5) The retirement annuity payable under Article 8 or | ||||||
12 | Article 11 to an eligible person subject to subsection (c-5) | ||||||
13 | of this Section who is retiring at age 60 with at least 10 | ||||||
14 | years of service credit shall be reduced by one-half of 1% for | ||||||
15 | each full month that the member's age is under age 65. | ||||||
16 | (d-10) Each person who first became a member or | ||||||
17 | participant under Article 8 or Article 11 of this Code on or | ||||||
18 | after January 1, 2011 and prior to the effective date of this | ||||||
19 | amendatory Act of the 100th General Assembly shall make an | ||||||
20 | irrevocable election either: | ||||||
21 | (i) to be eligible for the reduced retirement age | ||||||
22 | provided in subsections (c-5)
and (d-5) of this Section, | ||||||
23 | the eligibility for which is conditioned upon the member | ||||||
24 | or participant agreeing to the increases in employee | ||||||
25 | contributions for age and service annuities provided in | ||||||
26 | subsection (a-5) of Section 8-174 of this Code (for |
| |||||||
| |||||||
1 | service under Article 8) or subsection (a-5) of Section | ||||||
2 | 11-170 of this Code (for service under Article 11); or | ||||||
3 | (ii) to not agree to item (i) of this subsection | ||||||
4 | (d-10), in which case the member or participant shall | ||||||
5 | continue to be subject to the retirement age provisions in | ||||||
6 | subsections (c) and (d) of this Section and the employee | ||||||
7 | contributions for age and service annuity as provided in | ||||||
8 | subsection (a) of Section 8-174 of this Code (for service | ||||||
9 | under Article 8) or subsection (a) of Section 11-170 of | ||||||
10 | this Code (for service under Article 11). | ||||||
11 | The election provided for in this subsection shall be made | ||||||
12 | between October 1, 2017 and November 15, 2017. A person | ||||||
13 | subject to this subsection who makes the required election | ||||||
14 | shall remain bound by that election. A person subject to this | ||||||
15 | subsection who fails for any reason to make the required | ||||||
16 | election within the time specified in this subsection shall be | ||||||
17 | deemed to have made the election under item (ii). | ||||||
18 | (e) Any retirement annuity or supplemental annuity shall | ||||||
19 | be subject to annual increases on the January 1 occurring | ||||||
20 | either on or after the attainment of age 67 (beginning January | ||||||
21 | 1, 2015, age 65 with respect to service under Article 12 of | ||||||
22 | this Code that is subject to this Section and beginning on the | ||||||
23 | effective date of this amendatory Act of the 100th General | ||||||
24 | Assembly, age 65 with respect to service under Article 8 or | ||||||
25 | Article 11 for eligible persons who: (i) are subject to | ||||||
26 | subsection (c-5) of this Section; or (ii) made the election |
| |||||||
| |||||||
1 | under item (i) of subsection (d-10) of this Section) or the | ||||||
2 | first anniversary of the annuity start date, whichever is | ||||||
3 | later. Each annual increase shall be calculated at 3% or | ||||||
4 | one-half the annual unadjusted percentage increase (but not | ||||||
5 | less than zero) in the consumer price index-u for the 12 months | ||||||
6 | ending with the September preceding each November 1, whichever | ||||||
7 | is less, of the originally granted retirement annuity. If the | ||||||
8 | annual unadjusted percentage change in the consumer price | ||||||
9 | index-u for the 12 months ending with the September preceding | ||||||
10 | each November 1 is zero or there is a decrease, then the | ||||||
11 | annuity shall not be increased. | ||||||
12 | For the purposes of Section 1-103.1 of this Code, the | ||||||
13 | changes made to this Section by this amendatory Act of the | ||||||
14 | 100th General Assembly are applicable without regard to | ||||||
15 | whether the employee was in active service on or after the | ||||||
16 | effective date of this amendatory Act of the 100th General | ||||||
17 | Assembly. | ||||||
18 | (f) The initial survivor's or widow's annuity of an | ||||||
19 | otherwise eligible survivor or widow of a retired member or | ||||||
20 | participant who first became a member or participant on or | ||||||
21 | after January 1, 2011 shall be in the amount of 66 2/3% of the | ||||||
22 | retired member's or participant's retirement annuity at the | ||||||
23 | date of death. In the case of the death of a member or | ||||||
24 | participant who has not retired and who first became a member | ||||||
25 | or participant on or after January 1, 2011, eligibility for a | ||||||
26 | survivor's or widow's annuity shall be determined by the |
| |||||||
| |||||||
1 | applicable Article of this Code. The initial benefit shall be | ||||||
2 | 66 2/3% of the earned annuity without a reduction due to age. A | ||||||
3 | child's annuity of an otherwise eligible child shall be in the | ||||||
4 | amount prescribed under each Article if applicable. Any | ||||||
5 | survivor's or widow's annuity shall be increased (1) on each | ||||||
6 | January 1 occurring on or after the commencement of the | ||||||
7 | annuity if
the deceased member died while receiving a | ||||||
8 | retirement annuity or (2) in
other cases, on each January 1 | ||||||
9 | occurring after the first anniversary
of the commencement of | ||||||
10 | the annuity. Each annual increase shall be calculated at 3% or | ||||||
11 | one-half the annual unadjusted percentage increase (but not | ||||||
12 | less than zero) in the consumer price index-u for the 12 months | ||||||
13 | ending with the September preceding each November 1, whichever | ||||||
14 | is less, of the originally granted survivor's annuity. If the | ||||||
15 | annual unadjusted percentage change in the consumer price | ||||||
16 | index-u for the 12 months ending with the September preceding | ||||||
17 | each November 1 is zero or there is a decrease, then the | ||||||
18 | annuity shall not be increased. | ||||||
19 | (g) The benefits in Section 14-110 apply only if the | ||||||
20 | person is a State policeman, a fire fighter in the fire | ||||||
21 | protection service of a department, a conservation police | ||||||
22 | officer, an investigator for the Secretary of State, an arson | ||||||
23 | investigator, a Commerce Commission police officer, | ||||||
24 | investigator for the Department of Revenue or the
Illinois | ||||||
25 | Gaming Board, a security employee of the Department of | ||||||
26 | Corrections or the Department of Juvenile Justice, or a |
| |||||||
| |||||||
1 | security employee of the Department of Innovation and | ||||||
2 | Technology, as those terms are defined in subsection (b) and | ||||||
3 | subsection (c) of Section 14-110. A person who meets the | ||||||
4 | requirements of this Section is entitled to an annuity | ||||||
5 | calculated under the provisions of Section 14-110, in lieu of | ||||||
6 | the regular or minimum retirement annuity, only if the person | ||||||
7 | has withdrawn from service with not less than 20
years of | ||||||
8 | eligible creditable service and has attained age 60, | ||||||
9 | regardless of whether
the attainment of age 60 occurs while | ||||||
10 | the person is
still in service. | ||||||
11 | (h) If a person who first becomes a member or a participant | ||||||
12 | of a retirement system or pension fund subject to this Section | ||||||
13 | on or after January 1, 2011 is receiving a retirement annuity | ||||||
14 | or retirement pension under that system or fund and becomes a | ||||||
15 | member or participant under any other system or fund created | ||||||
16 | by this Code and is employed on a full-time basis, except for | ||||||
17 | those members or participants exempted from the provisions of | ||||||
18 | this Section under subsection (a) of this Section, then the | ||||||
19 | person's retirement annuity or retirement pension under that | ||||||
20 | system or fund shall be suspended during that employment. Upon | ||||||
21 | termination of that employment, the person's retirement | ||||||
22 | annuity or retirement pension payments shall resume and be | ||||||
23 | recalculated if recalculation is provided for under the | ||||||
24 | applicable Article of this Code. | ||||||
25 | If a person who first becomes a member of a retirement | ||||||
26 | system or pension fund subject to this Section on or after |
| |||||||
| |||||||
1 | January 1, 2012 and is receiving a retirement annuity or | ||||||
2 | retirement pension under that system or fund and accepts on a | ||||||
3 | contractual basis a position to provide services to a | ||||||
4 | governmental entity from which he or she has retired, then | ||||||
5 | that person's annuity or retirement pension earned as an | ||||||
6 | active employee of the employer shall be suspended during that | ||||||
7 | contractual service. A person receiving an annuity or | ||||||
8 | retirement pension under this Code shall notify the pension | ||||||
9 | fund or retirement system from which he or she is receiving an | ||||||
10 | annuity or retirement pension, as well as his or her | ||||||
11 | contractual employer, of his or her retirement status before | ||||||
12 | accepting contractual employment. A person who fails to submit | ||||||
13 | such notification shall be guilty of a Class A misdemeanor and | ||||||
14 | required to pay a fine of $1,000. Upon termination of that | ||||||
15 | contractual employment, the person's retirement annuity or | ||||||
16 | retirement pension payments shall resume and, if appropriate, | ||||||
17 | be recalculated under the applicable provisions of this Code. | ||||||
18 | (i) (Blank). | ||||||
19 | (j) In the case of a conflict between the provisions of | ||||||
20 | this Section and any other provision of this Code, the | ||||||
21 | provisions of this Section shall control.
| ||||||
22 | (Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17; | ||||||
23 | 100-563, eff. 12-8-17; 100-611, eff. 7-20-18; 100-1166, eff. | ||||||
24 | 1-4-19; 101-610, eff. 1-1-20.)
| ||||||
25 | (40 ILCS 5/7-109.4 new) |
| |||||||
| |||||||
1 | Sec. 7-109.4. Tier 1 regular employee. "Tier 1 regular | ||||||
2 | employee" means a participant or an annuitant under this | ||||||
3 | Article who first became a participant or member before | ||||||
4 | January 1, 2011 under any retirement system or pension fund | ||||||
5 | under this Code, other than a retirement system or pension | ||||||
6 | fund established under Articles 2, 3, 4, 5, 6, or 18 or in any | ||||||
7 | self-managed plan established under this Code, or the | ||||||
8 | retirement plan established under Section 22-101. | ||||||
9 | "Tier 1 regular employee" includes a person who received a | ||||||
10 | separation benefit but is otherwise qualified under this | ||||||
11 | Section and subsequently becomes a participating employee on | ||||||
12 | or after January 1, 2011. | ||||||
13 | "Tier 1 regular employee" includes a former participating | ||||||
14 | employee who received a separation benefit under Section 7-167 | ||||||
15 | for service earned prior to January 1, 2011 who returns to a | ||||||
16 | qualifying position after January 1, 2011. | ||||||
17 | "Tier 1 regular employee" includes a participating | ||||||
18 | employee who has omitted service as defined in Section 7-111.5 | ||||||
19 | that includes any period prior to January 1, 2011 only if he or | ||||||
20 | she establishes sufficient service credit under item (12) of | ||||||
21 | subsection (a) of Section 7-139 to include service prior to | ||||||
22 | January 1, 2011. | ||||||
23 | Notwithstanding anything contrary in this Section, "Tier 1 | ||||||
24 | regular employee" does not include a participant or annuitant | ||||||
25 | who is eligible to have his or her annuity calculated under | ||||||
26 | Section 7-142.1 or a person who elected to establish |
| |||||||
| |||||||
1 | alternative credits under Section 7-145.1.
| ||||||
2 | (40 ILCS 5/7-109.5 new) | ||||||
3 | Sec. 7-109.5. Tier 2 regular employee. "Tier 2 regular | ||||||
4 | employee" means a person who first becomes a participant under | ||||||
5 | this Article on or after January 1, 2011 and is not a Tier 1 | ||||||
6 | regular employee. | ||||||
7 | Notwithstanding anything contrary in this Section, "Tier 2 | ||||||
8 | regular employee" does not include a participant or annuitant | ||||||
9 | who is eligible to have his or her annuity calculated under | ||||||
10 | Section 7-142.1 or a person who elected to establish | ||||||
11 | alternative credits by electing in writing after January 1, | ||||||
12 | 2011, but before August 8, 2011, under Section 7-145.1 of this | ||||||
13 | Code.
| ||||||
14 | (40 ILCS 5/7-114) (from Ch. 108 1/2, par. 7-114)
| ||||||
15 | Sec. 7-114. Earnings. "Earnings":
| ||||||
16 | (a) An amount to be determined by the board, equal to the | ||||||
17 | sum of:
| ||||||
18 | 1. The total amount of money paid to an employee for | ||||||
19 | personal
services or official duties as an employee | ||||||
20 | (except those employed as
independent contractors) paid | ||||||
21 | out of the general fund, or out of any
special funds | ||||||
22 | controlled by the municipality, or by any instrumentality
| ||||||
23 | thereof, or participating instrumentality, including | ||||||
24 | compensation, fees,
allowances (but not including amounts |
| |||||||
| |||||||
1 | associated with a vehicle allowance payable to an employee | ||||||
2 | who first becomes a participating employee on or after the | ||||||
3 | effective date of this amendatory Act of the 100th General | ||||||
4 | Assembly), or other emolument paid for official duties | ||||||
5 | (but not
including automobile maintenance, travel expense, | ||||||
6 | or reimbursements for
expenditures incurred in the | ||||||
7 | performance of duties) and, for fee
offices, the fees or | ||||||
8 | earnings of the offices to the extent such fees are
paid | ||||||
9 | out of funds controlled by the municipality, or | ||||||
10 | instrumentality or
participating instrumentality; and
| ||||||
11 | 2. The money value, as determined by rules prescribed | ||||||
12 | by the
governing body of the municipality, or | ||||||
13 | instrumentality thereof, of any
board, lodging, fuel, | ||||||
14 | laundry, and other allowances provided an employee
in lieu | ||||||
15 | of money.
| ||||||
16 | (b) For purposes of determining benefits payable under | ||||||
17 | this fund
payments to a person who is engaged in an | ||||||
18 | independently established
trade, occupation, profession or | ||||||
19 | business and who is paid for his
service on a basis other than | ||||||
20 | a monthly or other regular salary, are not
earnings.
| ||||||
21 | (c) If a disabled participating employee is eligible to | ||||||
22 | receive Workers'
Compensation for an accidental injury and the | ||||||
23 | participating municipality or
instrumentality which employed | ||||||
24 | the participating employee when injured
continues to pay the | ||||||
25 | participating employee regular salary or other
compensation or | ||||||
26 | pays the employee an amount in excess of the Workers'
|
| |||||||
| |||||||
1 | Compensation amount, then earnings shall be deemed to be the | ||||||
2 | total payments,
including an amount equal to the Workers' | ||||||
3 | Compensation payments. These
payments shall be subject to | ||||||
4 | employee contributions and allocated as if paid to
the | ||||||
5 | participating employee when the regular payroll amounts would | ||||||
6 | have been
paid if the participating employee had continued | ||||||
7 | working, and creditable
service shall be awarded for this | ||||||
8 | period.
| ||||||
9 | (d) If an elected official who is a participating employee | ||||||
10 | becomes disabled
but does not resign and is not removed from | ||||||
11 | office, then earnings shall include
all salary payments made | ||||||
12 | for the remainder of that term of office and the
official shall | ||||||
13 | be awarded creditable service for the term of office.
| ||||||
14 | (e) If a participating employee is paid pursuant to "An | ||||||
15 | Act to provide for
the continuation of compensation for law | ||||||
16 | enforcement officers, correctional
officers and firemen who | ||||||
17 | suffer disabling injury in the line of duty", approved
| ||||||
18 | September 6, 1973, as amended, the payments shall be deemed | ||||||
19 | earnings, and the
participating employee shall be awarded | ||||||
20 | creditable service for this period.
| ||||||
21 | (f) Additional compensation received by a person while | ||||||
22 | serving as a
supervisor of assessments, assessor, deputy | ||||||
23 | assessor or member of a board of
review from the State of | ||||||
24 | Illinois pursuant to Section 4-10 or 4-15 of the
Property Tax | ||||||
25 | Code shall not be
earnings for purposes of this Article and | ||||||
26 | shall not be included in the
contribution formula or |
| |||||||
| |||||||
1 | calculation of benefits for such person pursuant to
this | ||||||
2 | Article.
| ||||||
3 | (g) Notwithstanding any other provision of this Article, | ||||||
4 | calendar year earnings for Tier 2 regular employees to whom | ||||||
5 | this Section applies shall not exceed the amount determined by | ||||||
6 | the Public Pension Division of the Department of Insurance as | ||||||
7 | required in this subsection; however, that amount shall | ||||||
8 | annually thereafter be increased by the lesser of (i) 3% of | ||||||
9 | that amount, including all previous adjustments, or (ii) | ||||||
10 | one-half the annual unadjusted percentage increase (but not | ||||||
11 | less than zero) in the consumer price index-u for the 12 months | ||||||
12 | ending with the September preceding each November 1, including | ||||||
13 | all previous adjustments. | ||||||
14 | For the purposes of this Section, "consumer price index-u" | ||||||
15 | means the index published by the Bureau of Labor Statistics of | ||||||
16 | the United States Department of Labor that measures the | ||||||
17 | average change in prices of goods and services purchased by | ||||||
18 | all urban consumers, United States city average, all items, | ||||||
19 | 1982-84 = 100. The new amount resulting from each annual | ||||||
20 | adjustment shall be determined by the Public Pension Division | ||||||
21 | of the Department of Insurance and made available to the Fund | ||||||
22 | by November 1 of each year. | ||||||
23 | (Source: P.A. 100-411, eff. 8-25-17.)
| ||||||
24 | (40 ILCS 5/7-116) (from Ch. 108 1/2, par. 7-116)
| ||||||
25 | (Text of Section WITHOUT the changes made by P.A. 98-599, |
| |||||||
| |||||||
1 | which has been
held unconstitutional)
| ||||||
2 | Sec. 7-116. "Final rate of earnings":
| ||||||
3 | (a) For retirement and survivor annuities, the monthly | ||||||
4 | earnings obtained
by dividing the total earnings received by | ||||||
5 | the employee during the period of
either (1) for Tier 1 regular | ||||||
6 | employees, the 48 consecutive months of service within the | ||||||
7 | last 120 months of
service in which his total earnings were the | ||||||
8 | highest , (2) for Tier 2 regular employees, the 96 consecutive
| ||||||
9 | months of service within the last 120 months of service in
| ||||||
10 | which his total earnings were the highest, or (3) or (2) the
| ||||||
11 | employee's total period of service, by the number of months
of | ||||||
12 | service in such period.
| ||||||
13 | (b) For death benefits, the higher of the rate determined | ||||||
14 | under
paragraph (a) of this Section or total earnings received | ||||||
15 | in the last 12 months
of service divided by twelve. If the | ||||||
16 | deceased employee has less than 12 months
of service, the | ||||||
17 | monthly final rate shall be the monthly rate of pay the
| ||||||
18 | employee was receiving when he began service.
| ||||||
19 | (c) For disability benefits, the total earnings of a | ||||||
20 | participating
employee in the last 12 calendar months of | ||||||
21 | service prior to the date he
becomes disabled divided by 12.
| ||||||
22 | (d) In computing the final rate of earnings: (1) the | ||||||
23 | earnings rate for
all periods of prior service shall be | ||||||
24 | considered equal to the average
earnings rate for the last 3 | ||||||
25 | calendar years of prior service for
which creditable service | ||||||
26 | is received under Section 7-139 or, if there is less than 3 |
| |||||||
| |||||||
1 | years of
creditable prior service, the average for the total | ||||||
2 | prior service period
for which creditable service is received | ||||||
3 | under Section 7-139; (2) for out
of state service and | ||||||
4 | authorized
leave, the earnings rate shall be the rate upon | ||||||
5 | which service credits are
granted; (3) periods of military | ||||||
6 | leave shall not be considered; (4) the
earnings rate for all | ||||||
7 | periods of disability shall be considered equal to
the rate of | ||||||
8 | earnings upon which the employee's disability benefits are
| ||||||
9 | computed for such periods; (5) the earnings to be considered | ||||||
10 | for each of
the final three months of the final earnings period | ||||||
11 | for persons who first became participants before January 1, | ||||||
12 | 2012 and the earnings to be considered for each of the final 24 | ||||||
13 | months for participants who first become participants on or | ||||||
14 | after January 1, 2012 shall not exceed 125%
of the highest | ||||||
15 | earnings of any other month in the final earnings period;
and | ||||||
16 | (6) the annual amount of final rate of earnings shall be the | ||||||
17 | monthly
amount multiplied by the number of months of service | ||||||
18 | normally required by
the position in a year.
| ||||||
19 | (Source: P.A. 97-609, eff. 1-1-12.)
| ||||||
20 | (40 ILCS 5/7-141) (from Ch. 108 1/2, par. 7-141)
| ||||||
21 | Sec. 7-141. Retirement annuities - Conditions. Retirement | ||||||
22 | annuities shall be payable as hereinafter set forth:
| ||||||
23 | (a) A participating employee who, regardless of cause, is | ||||||
24 | separated
from the service of all participating municipalities | ||||||
25 | and
instrumentalities thereof and participating |
| |||||||
| |||||||
1 | instrumentalities shall be
entitled to a retirement annuity | ||||||
2 | provided:
| ||||||
3 | 1. He is at least age 55 if he is a Tier 1 regular | ||||||
4 | employee, he is age 62 if he is a Tier 2 regular employee , | ||||||
5 | or , in the case of a person who is eligible
to have his | ||||||
6 | annuity calculated under Section 7-142.1, he is at least | ||||||
7 | age 50;
| ||||||
8 | 2. He is not entitled to receive earnings for | ||||||
9 | employment in a position requiring him, or entitling him | ||||||
10 | to elect, to be a participating employee;
| ||||||
11 | 3. The amount of his annuity, before the application | ||||||
12 | of paragraph (b) of
Section 7-142 is at least $10 per | ||||||
13 | month;
| ||||||
14 | 4. If he first became a participating employee after | ||||||
15 | December 31,
1961 and is a Tier 1 regular employee , he has | ||||||
16 | at least 8 years of service , or, if he is a Tier 2 regular | ||||||
17 | member, he has at least 10 years of service . This service | ||||||
18 | requirement shall not
apply to any participating employee, | ||||||
19 | regardless of participation date, if the
General Assembly | ||||||
20 | terminates the Fund.
| ||||||
21 | (b) Retirement annuities shall be payable:
| ||||||
22 | 1. As provided in Section 7-119;
| ||||||
23 | 2. Except as provided in item 3, upon receipt by the | ||||||
24 | fund of a written
application. The effective date may be | ||||||
25 | not more than one
year prior to the date of the receipt by | ||||||
26 | the fund of the application;
|
| |||||||
| |||||||
1 | 3. Upon attainment of age 70 1/2 if the member (i) is | ||||||
2 | no longer in
service,
and (ii) is otherwise entitled to an | ||||||
3 | annuity under this Article;
| ||||||
4 | 4. To the beneficiary of the deceased annuitant for | ||||||
5 | the unpaid amount
accrued to date of death, if any.
| ||||||
6 | (Source: P.A. 97-328, eff. 8-12-11; 97-609, eff. 1-1-12.)
| ||||||
7 | (40 ILCS 5/7-141.1)
| ||||||
8 | Sec. 7-141.1. Early retirement incentive.
| ||||||
9 | (a) The General Assembly finds and declares that:
| ||||||
10 | (1) Units of local government across the State have | ||||||
11 | been functioning
under a financial crisis.
| ||||||
12 | (2) This financial crisis is expected to continue.
| ||||||
13 | (3) Units of local government must depend on | ||||||
14 | additional sources of
revenue and, when those sources are | ||||||
15 | not forthcoming, must establish
cost-saving programs.
| ||||||
16 | (4) An early retirement incentive designed | ||||||
17 | specifically to target
highly-paid senior employees could | ||||||
18 | result in significant annual cost
savings.
| ||||||
19 | (5) The early retirement incentive should be made | ||||||
20 | available only to
those units of local government that | ||||||
21 | determine that an early retirement
incentive is in their | ||||||
22 | best interest.
| ||||||
23 | (6) A unit of local government adopting a program of | ||||||
24 | early retirement
incentives under this Section is | ||||||
25 | encouraged to implement personnel procedures
to prohibit, |
| |||||||
| |||||||
1 | for at least 5 years, the rehiring (whether on payroll or | ||||||
2 | by
independent contract) of employees who receive early | ||||||
3 | retirement incentives.
| ||||||
4 | (7) A unit of local government adopting a program of | ||||||
5 | early retirement
incentives under this Section is also | ||||||
6 | encouraged to replace as few of the
participating | ||||||
7 | employees as possible and to hire replacement employees | ||||||
8 | for
salaries totaling no more than 80% of the total | ||||||
9 | salaries formerly paid to the
employees who participate in | ||||||
10 | the early retirement program.
| ||||||
11 | It is the primary purpose of this Section to encourage | ||||||
12 | units of local
government that can realize true cost savings, | ||||||
13 | or have determined that an early
retirement program is in | ||||||
14 | their best interest, to implement an early retirement
program.
| ||||||
15 | (b) Until June 27, 1997 ( the effective date of Public Act | ||||||
16 | 90-32) this amendatory Act of 1997 , this
Section does not | ||||||
17 | apply to any employer that is a city, village, or incorporated
| ||||||
18 | town, nor to the employees of any such employer. Beginning on | ||||||
19 | June 27, 1997 ( the effective
date of Public Act 90-32) this | ||||||
20 | amendatory Act of 1997 , any employer under this Article, | ||||||
21 | including
an employer that is a city, village, or incorporated | ||||||
22 | town, may establish an
early retirement incentive program for | ||||||
23 | its employees under this Section. The
decision of a city, | ||||||
24 | village, or incorporated town to consider or establish an
| ||||||
25 | early retirement program is at the sole discretion of that | ||||||
26 | city, village, or
incorporated town, and nothing in Public Act |
| |||||||
| |||||||
1 | 90-32 this amendatory Act of 1997 limits or
otherwise | ||||||
2 | diminishes this discretion. Nothing contained in this Section | ||||||
3 | shall
be construed to require a city, village, or incorporated | ||||||
4 | town to establish an
early retirement program and no city, | ||||||
5 | village, or incorporated town may be
compelled to implement | ||||||
6 | such a program.
| ||||||
7 | The benefits provided in this Section are available only | ||||||
8 | to members
employed by a participating employer that has filed | ||||||
9 | with the Board of the
Fund a resolution or ordinance expressly | ||||||
10 | providing for the creation of an
early retirement incentive | ||||||
11 | program under this Section for its employees and
specifying | ||||||
12 | the effective date of the early retirement incentive program.
| ||||||
13 | Subject to the limitation in subsection (h), an employer may | ||||||
14 | adopt a resolution
or ordinance providing a program of early | ||||||
15 | retirement incentives under this
Section at any time.
| ||||||
16 | The resolution or ordinance shall be in substantially the | ||||||
17 | following form:
| ||||||
18 | RESOLUTION (ORDINANCE) NO. ....
| ||||||
19 | A RESOLUTION (ORDINANCE) ADOPTING AN EARLY
| ||||||
20 | RETIREMENT INCENTIVE PROGRAM FOR EMPLOYEES
| ||||||
21 | IN THE ILLINOIS MUNICIPAL RETIREMENT FUND
| ||||||
22 | WHEREAS, Section 7-141.1 of the Illinois Pension Code | ||||||
23 | provides that a
participating employer may elect to adopt an | ||||||
24 | early retirement
incentive program offered by the Illinois | ||||||
25 | Municipal Retirement Fund by
adopting a resolution or |
| |||||||
| |||||||
1 | ordinance; and
| ||||||
2 | WHEREAS, The goal of adopting an early retirement program | ||||||
3 | is
to realize a substantial savings in personnel costs by | ||||||
4 | offering early
retirement incentives to employees who have | ||||||
5 | accumulated many years of
service credit; and
| ||||||
6 | WHEREAS, Implementation of the early retirement program | ||||||
7 | will provide a
budgeting tool to aid in controlling payroll | ||||||
8 | costs; and
| ||||||
9 | WHEREAS, The (name of governing body) has determined that | ||||||
10 | the adoption of an
early retirement incentive program is in | ||||||
11 | the best interests of the (name of
participating employer); | ||||||
12 | therefore be it
| ||||||
13 | RESOLVED (ORDAINED) by the (name of governing body) of | ||||||
14 | (name of
participating employer) that:
| ||||||
15 | (1) The (name of participating employer) does hereby adopt | ||||||
16 | the Illinois
Municipal Retirement Fund early retirement | ||||||
17 | incentive program as provided in
Section 7-141.1 of the | ||||||
18 | Illinois Pension Code. The early retirement incentive
program | ||||||
19 | shall take effect on (date).
| ||||||
20 | (2) In order to help achieve a true cost savings, a person | ||||||
21 | who retires under
the early retirement incentive program shall | ||||||
22 | lose those incentives if he or she
later accepts employment | ||||||
23 | with any IMRF employer in a position for which
participation | ||||||
24 | in IMRF is required or is elected by the employee.
| ||||||
25 | (3) In order to utilize an early retirement incentive as a | ||||||
26 | budgeting
tool, the (name of participating employer) will use |
| |||||||
| |||||||
1 | its best efforts either
to limit the number of employees who | ||||||
2 | replace the employees who retire under
the early retirement | ||||||
3 | program or to limit the salaries paid to the employees who
| ||||||
4 | replace the employees who retire under the early retirement | ||||||
5 | program.
| ||||||
6 | (4) The effective date of each employee's retirement under | ||||||
7 | this early
retirement program shall be set by (name of | ||||||
8 | employer) and shall be no
earlier than the effective date of | ||||||
9 | the program and no later than one year after
that effective | ||||||
10 | date; except that the employee may require that the retirement
| ||||||
11 | date set by the employer be no later than the June 30 next | ||||||
12 | occurring after the
effective date of the program and no | ||||||
13 | earlier than the date upon which the
employee qualifies for | ||||||
14 | retirement.
| ||||||
15 | (5) To be eligible for the early retirement incentive | ||||||
16 | under this Section,
the employee must have attained age 50 and | ||||||
17 | have at least 20 years of creditable
service by his or her | ||||||
18 | retirement date.
| ||||||
19 | (6) The (clerk or secretary) shall promptly file a | ||||||
20 | certified copy of
this resolution (ordinance) with the Board | ||||||
21 | of Trustees of the Illinois
Municipal Retirement Fund.
| ||||||
22 | CERTIFICATION
| ||||||
23 | I, (name), the (clerk or secretary) of the (name of | ||||||
24 | participating
employer) of the County of (name), State of | ||||||
25 | Illinois, do hereby certify
that I am the keeper of the books | ||||||
26 | and records of the (name of employer)
and that the foregoing is |
| |||||||
| |||||||
1 | a true and correct copy of a resolution
(ordinance) duly | ||||||
2 | adopted by the (governing body) at a meeting duly convened
and | ||||||
3 | held on (date).
| ||||||
4 | SEAL
| ||||||
5 | (Signature of clerk or secretary)
| ||||||
6 | (c) To be eligible for the benefits provided under an | ||||||
7 | early retirement
incentive program adopted under this Section, | ||||||
8 | a member must:
| ||||||
9 | (1) be a participating employee of this Fund who, on | ||||||
10 | the effective date of
the program, (i) is in active | ||||||
11 | payroll status as an employee of a participating
employer | ||||||
12 | that has filed the required ordinance or resolution with | ||||||
13 | the Board,
(ii) is on layoff status from such a position | ||||||
14 | with a right of re-employment or
recall to service, (iii) | ||||||
15 | is on a leave of absence from such a position, or (iv)
is | ||||||
16 | on disability but has not been receiving benefits under | ||||||
17 | Section 7-146 or
7-150 for a period of more than 2 years | ||||||
18 | from the date of application;
| ||||||
19 | (2) have never previously received a retirement | ||||||
20 | annuity under
this Article or under the Retirement Systems | ||||||
21 | Reciprocal Act using service
credit established under this | ||||||
22 | Article;
| ||||||
23 | (3) (blank);
| ||||||
24 | (4) have at least 20 years of creditable service in | ||||||
25 | the Fund by the date
of retirement, without the use of any |
| |||||||
| |||||||
1 | creditable service established under this
Section;
| ||||||
2 | (5) have attained age 50 by the date of retirement if | ||||||
3 | he or she is a Tier 1 regular employee or age 57 if he or | ||||||
4 | she is a Tier 2 regular employee , without the use of any
| ||||||
5 | age enhancement received under this Section; and
| ||||||
6 | (6) be eligible to receive a retirement annuity under | ||||||
7 | this Article by the
date of retirement, for which purpose | ||||||
8 | the age enhancement and creditable
service established | ||||||
9 | under this Section may be considered.
| ||||||
10 | (d) The employer shall determine the retirement date for | ||||||
11 | each employee
participating in the early retirement program | ||||||
12 | adopted under this Section. The
retirement date shall be no | ||||||
13 | earlier than the effective date of the program and
no later | ||||||
14 | than one year after that effective date, except that the | ||||||
15 | employee may
require that the retirement date set by the | ||||||
16 | employer be no later than the June
30 next occurring after the | ||||||
17 | effective date of the program and no earlier than
the date upon | ||||||
18 | which the employee qualifies for retirement. The employer | ||||||
19 | shall
give each employee participating in the early retirement | ||||||
20 | program at least 30
days written notice of the employee's | ||||||
21 | designated retirement date, unless the
employee waives this | ||||||
22 | notice requirement.
| ||||||
23 | (e) An eligible person may establish up to 5 years of | ||||||
24 | creditable service
under this Section. In addition, for each | ||||||
25 | period of creditable service
established under this Section, a | ||||||
26 | person shall have his or her age at
retirement deemed enhanced |
| |||||||
| |||||||
1 | by an equivalent period.
| ||||||
2 | The creditable service established under this Section may | ||||||
3 | be used for all
purposes under this Article and the Retirement | ||||||
4 | Systems Reciprocal Act,
except for the computation of final | ||||||
5 | rate of earnings and the determination
of earnings, salary, or | ||||||
6 | compensation under this or any other Article of the
Code.
| ||||||
7 | The age enhancement established under this Section may be | ||||||
8 | used for all
purposes under this Article (including | ||||||
9 | calculation of the reduction imposed
under subdivision | ||||||
10 | (a)1b(iv) of Section 7-142), except for purposes of a
| ||||||
11 | reversionary annuity under Section 7-145 and any distributions | ||||||
12 | required because
of age. The age enhancement established under | ||||||
13 | this Section may be used in
calculating a proportionate | ||||||
14 | annuity payable by this Fund under the Retirement
Systems | ||||||
15 | Reciprocal Act, but shall not be used in determining benefits | ||||||
16 | payable
under other Articles of this Code under the Retirement | ||||||
17 | Systems Reciprocal Act.
| ||||||
18 | (f) For all creditable service established under this | ||||||
19 | Section, the
member must pay to the Fund an employee | ||||||
20 | contribution consisting of the total employee contribution | ||||||
21 | rate in effect at the time the member purchases the service for | ||||||
22 | the plan in which the member was participating with the | ||||||
23 | employer at that time multiplied by the member's highest | ||||||
24 | annual salary rate used in the determination of the
final rate | ||||||
25 | of earnings for retirement annuity purposes for each year of
| ||||||
26 | creditable service granted under this Section.
Contributions |
| |||||||
| |||||||
1 | for fractions of a year of service shall be prorated.
Any | ||||||
2 | amounts that are disregarded in determining the final rate of | ||||||
3 | earnings
under subdivision (d)(5) of Section 7-116 (the 125% | ||||||
4 | rule) shall also be
disregarded in determining the required | ||||||
5 | contribution under this subsection (f).
| ||||||
6 | The employee contribution shall be paid to the Fund as | ||||||
7 | follows: If the
member is entitled to a lump sum payment for | ||||||
8 | accumulated vacation, sick leave,
or personal leave upon | ||||||
9 | withdrawal from service, the employer shall deduct the
| ||||||
10 | employee contribution from that lump sum and pay the deducted | ||||||
11 | amount directly
to the Fund. If there is no such lump sum | ||||||
12 | payment or the required employee
contribution exceeds the net | ||||||
13 | amount of the lump sum payment, then the remaining
amount due, | ||||||
14 | at the option of the employee, may either be paid to the Fund
| ||||||
15 | before the annuity commences or deducted from the retirement | ||||||
16 | annuity in 24
equal monthly installments.
| ||||||
17 | (g) An annuitant who has received any age enhancement or | ||||||
18 | creditable service
under this Section and thereafter accepts | ||||||
19 | employment with or enters into a
personal services contract | ||||||
20 | with an employer under this Article thereby forfeits
that age | ||||||
21 | enhancement and creditable service; except that this | ||||||
22 | restriction
does not apply to (1) service in an elective | ||||||
23 | office, so long as the annuitant
does not participate in this | ||||||
24 | Fund with respect to that office, (2) a person appointed as an | ||||||
25 | officer under subsection (f) of Section 3-109 of this Code, | ||||||
26 | and (3) a person appointed as an auxiliary police officer |
| |||||||
| |||||||
1 | pursuant to Section 3.1-30-5 of the Illinois Municipal Code. A | ||||||
2 | person
forfeiting early retirement incentives under this | ||||||
3 | subsection (i) must repay to
the Fund that portion of the | ||||||
4 | retirement annuity already received which is
attributable to | ||||||
5 | the early retirement incentives that are being forfeited, (ii)
| ||||||
6 | shall not be eligible to participate in any future early | ||||||
7 | retirement program
adopted under this Section, and (iii) is | ||||||
8 | entitled to a refund of the employee
contribution paid under | ||||||
9 | subsection (f). The Board shall deduct the required
repayment | ||||||
10 | from the refund and may impose a reasonable payment schedule | ||||||
11 | for
repaying the amount, if any, by which the required | ||||||
12 | repayment exceeds the refund
amount.
| ||||||
13 | (h) The additional unfunded liability accruing as a result | ||||||
14 | of the adoption
of a program of early retirement incentives | ||||||
15 | under this Section by an employer
shall be amortized over a | ||||||
16 | period of 10 years beginning on January 1 of the
second | ||||||
17 | calendar year following the calendar year in which the latest | ||||||
18 | date for
beginning to receive a retirement annuity under the | ||||||
19 | program (as determined by
the employer under subsection (d) of | ||||||
20 | this Section) occurs; except that the
employer may provide for | ||||||
21 | a shorter amortization period (of no less than 5
years) by | ||||||
22 | adopting an ordinance or resolution specifying the length of | ||||||
23 | the
amortization period and submitting a certified copy of the | ||||||
24 | ordinance or
resolution to the Fund no later than 6 months | ||||||
25 | after the effective date of the
program. An employer, at its | ||||||
26 | discretion, may accelerate payments to the Fund.
|
| |||||||
| |||||||
1 | An employer may provide more than one early retirement | ||||||
2 | incentive program
for its employees under this Section. | ||||||
3 | However, an employer that has provided
an early retirement | ||||||
4 | incentive program for its employees under this Section may
not | ||||||
5 | provide another early retirement incentive program under this | ||||||
6 | Section until the liability arising from the earlier program | ||||||
7 | has been fully paid to
the Fund.
| ||||||
8 | (Source: P.A. 99-382, eff. 8-17-15.)
| ||||||
9 | (40 ILCS 5/7-142) (from Ch. 108 1/2, par. 7-142) | ||||||
10 | Sec. 7-142. Retirement annuities - Amount. | ||||||
11 | (a) The amount of a retirement annuity shall be the sum of | ||||||
12 | the
following, determined in accordance with the actuarial | ||||||
13 | tables in effect at
the time of the grant of the annuity: | ||||||
14 | 1. For Tier 1 regular employees with 8 or more years of | ||||||
15 | service or for Tier 2 regular employees , an annuity
| ||||||
16 | computed pursuant to subparagraphs a or b of this | ||||||
17 | subparagraph 1,
whichever is the higher, and for employees | ||||||
18 | with less than 8 or 10 years of
service , respectively, the | ||||||
19 | annuity computed pursuant to subparagraph a: | ||||||
20 | a. The monthly annuity which can be provided from | ||||||
21 | the total
accumulated normal, municipality and prior | ||||||
22 | service credits, as of the
attained age of the | ||||||
23 | employee on the date the annuity begins provided
that | ||||||
24 | such annuity shall not exceed 75% of the final rate of | ||||||
25 | earnings of
the employee. |
| |||||||
| |||||||
1 | b. (i) The monthly annuity amount determined as | ||||||
2 | follows by
multiplying (a) 1 2/3% for annuitants with | ||||||
3 | not more than 15 years or (b)
1 2/3% for the first 15 | ||||||
4 | years and 2% for each year in excess of 15 years
for | ||||||
5 | annuitants with more than 15 years by the number of | ||||||
6 | years plus
fractional years, prorated on a basis of | ||||||
7 | months, of creditable service
and multiply the product | ||||||
8 | thereof by the employee's final rate of earnings. | ||||||
9 | (ii) For the sole purpose of computing the formula | ||||||
10 | (and not for the
purposes of the limitations | ||||||
11 | hereinafter stated) $125 shall be considered
the final | ||||||
12 | rate of earnings in all cases where the final rate of | ||||||
13 | earnings
is less than such amount. | ||||||
14 | (iii) The monthly annuity computed in accordance | ||||||
15 | with this
subparagraph b, shall not exceed an amount | ||||||
16 | equal to 75% of the final
rate of earnings. | ||||||
17 | (iv) For employees who have less than 35 years of | ||||||
18 | service, the
annuity computed in accordance with this | ||||||
19 | subparagraph b (as reduced by
application of | ||||||
20 | subparagraph (iii)
above) shall be reduced by 0.25% | ||||||
21 | thereof (0.5% if service was terminated
before January | ||||||
22 | 1, 1988 or if the employee is a Tier 2 regular | ||||||
23 | employee ) for each month or fraction thereof (1) that | ||||||
24 | the
employee's age is less than 60 years for Tier 1 | ||||||
25 | regular employees , or (2) that the employee's age is | ||||||
26 | less than 67 years for Tier 2 regular employees, or (3) |
| |||||||
| |||||||
1 | if the employee has at least
30 years of service | ||||||
2 | credit, that the employee's service credit is less | ||||||
3 | than
35 years, whichever is less, on the date the | ||||||
4 | annuity begins. | ||||||
5 | 2. The annuity which can be provided from the total | ||||||
6 | accumulated
additional credits as of the attained age of | ||||||
7 | the employee on the date
the annuity begins. | ||||||
8 | (b) If payment of an annuity begins prior to the earliest | ||||||
9 | age at
which the employee will become eligible for an old age | ||||||
10 | insurance benefit
under the Federal Social Security Act, he | ||||||
11 | may elect that the annuity
payments from this fund shall | ||||||
12 | exceed those payable after his attaining
such age by an | ||||||
13 | amount, computed as determined by rules of the Board, but
not | ||||||
14 | in excess of his estimated Social Security Benefit, determined | ||||||
15 | as
of the effective date of the annuity, provided that in no | ||||||
16 | case shall the
total annuity payments made by this fund exceed | ||||||
17 | in actuarial value the
annuity which would have been payable | ||||||
18 | had no such election been made. | ||||||
19 | (c) The retirement annuity shall be increased each year by | ||||||
20 | 2%, not
compounded, of the monthly amount of annuity, taking | ||||||
21 | into consideration
any adjustment under paragraph (b) of this | ||||||
22 | Section. This increase shall
be effective each January 1 and | ||||||
23 | computed from the effective date of the
retirement annuity, | ||||||
24 | the first increase being .167% of the monthly amount
times the | ||||||
25 | number of months from the effective date to January 1. | ||||||
26 | Beginning
January 1, 1984 and each January 1 thereafter, the |
| |||||||
| |||||||
1 | retirement annuity of a Tier 1 regular employee shall be | ||||||
2 | increased
by 3% each year, not compounded. This increase shall | ||||||
3 | be computed from the effective date of the retirement annuity, | ||||||
4 | the first increase being 0.25% of the monthly amount times the | ||||||
5 | number of months from the effective date to January 1. This | ||||||
6 | increase shall not be applicable to
annuitants who are not in | ||||||
7 | service on or after September 8, 1971. | ||||||
8 | A retirement annuity of a Tier 2 regular employee shall | ||||||
9 | receive annual increases on the January 1 occurring either on | ||||||
10 | or after the attainment of age 67 or the first anniversary of | ||||||
11 | the annuity start date, whichever is later. Each annual | ||||||
12 | increase shall be calculated at the lesser of 3% or one-half | ||||||
13 | the annual unadjusted percentage increase (but not less than | ||||||
14 | zero) in the consumer price index-u for the 12 months ending | ||||||
15 | with the September preceding each November 1 of the originally | ||||||
16 | granted retirement annuity. If the annual unadjusted | ||||||
17 | percentage change in the consumer price index-u for the 12 | ||||||
18 | months ending with the September preceding each November 1 is | ||||||
19 | zero or there is a decrease, then the annuity shall not be | ||||||
20 | increased. | ||||||
21 | (d) Any elected county officer who was entitled to receive | ||||||
22 | a stipend from the State on or after July 1, 2009 and on or | ||||||
23 | before June 30, 2010 may establish earnings credit for the | ||||||
24 | amount of stipend not received, if the elected county official | ||||||
25 | applies in writing to the fund within 6 months after the | ||||||
26 | effective date of this amendatory Act of the 96th General |
| |||||||
| |||||||
1 | Assembly and pays to the fund an amount equal to (i) employee | ||||||
2 | contributions on the amount of stipend not received, (ii) | ||||||
3 | employer contributions determined by the Board equal to the | ||||||
4 | employer's normal cost of the benefit on the amount of stipend | ||||||
5 | not received, plus (iii) interest on items (i) and (ii) at the | ||||||
6 | actuarially assumed rate. | ||||||
7 | (Source: P.A. 96-961, eff. 7-2-10.)
| ||||||
8 | (40 ILCS 5/7-144) (from Ch. 108 1/2, par. 7-144)
| ||||||
9 | Sec. 7-144. Retirement annuities - suspended during | ||||||
10 | employment.
| ||||||
11 | (a) If any person
receiving any annuity again becomes an | ||||||
12 | employee
and receives earnings from employment in a position | ||||||
13 | requiring him, or entitling him to elect, to
become a | ||||||
14 | participating employee, then the annuity payable to such | ||||||
15 | employee
shall be suspended as of the 1st day of the month | ||||||
16 | coincidental with or
next following the date upon which such | ||||||
17 | person becomes such an employee, unless the person is | ||||||
18 | authorized under subsection (b) of Section 7-137.1 of this | ||||||
19 | Code to continue receiving a retirement annuity during that | ||||||
20 | period.
Upon proper qualification of the participating | ||||||
21 | employee payment of such
annuity may be resumed on the 1st day | ||||||
22 | of the month following such
qualification and upon proper | ||||||
23 | application therefor. The participating
employee in such case | ||||||
24 | shall be entitled to a supplemental annuity
arising from | ||||||
25 | service and credits earned subsequent to such re-entry as a
|
| |||||||
| |||||||
1 | participating employee.
| ||||||
2 | Notwithstanding any other provision of this Article, an | ||||||
3 | annuitant shall be considered a participating employee if he | ||||||
4 | or she returns to work as an employee with a participating | ||||||
5 | employer and works more than 599 hours annually (or 999 hours | ||||||
6 | annually with a participating employer that has adopted a | ||||||
7 | resolution pursuant to subsection (e) of Section 7-137 of this | ||||||
8 | Code). Each of these annual periods shall commence on the | ||||||
9 | month and day upon which the annuitant is first employed with | ||||||
10 | the participating employer following the effective date of the | ||||||
11 | annuity. | ||||||
12 | (a-5) If any annuitant under this Article must be | ||||||
13 | considered a participating employee per the provisions of | ||||||
14 | subsection (a) of this Section, and the participating | ||||||
15 | municipality or participating instrumentality that employs or | ||||||
16 | re-employs that annuitant knowingly fails to notify the Board | ||||||
17 | to suspend the annuity, the participating municipality or | ||||||
18 | participating instrumentality may be required to reimburse the | ||||||
19 | Fund for an amount up to one-half of the total of any annuity | ||||||
20 | payments made to the annuitant after the date the annuity | ||||||
21 | should have been suspended, as determined by the Board. In no | ||||||
22 | case shall the total amount repaid by the annuitant plus any | ||||||
23 | amount reimbursed by the employer to the Fund be more than the | ||||||
24 | total of all annuity payments made to the annuitant after the | ||||||
25 | date the annuity should have been suspended. This subsection | ||||||
26 | shall not apply if the annuitant returned to work for the |
| |||||||
| |||||||
1 | employer for less than 12 months. | ||||||
2 | The Fund shall notify all annuitants that they must notify | ||||||
3 | the Fund immediately if they return to work for any | ||||||
4 | participating employer. The notification by the Fund shall | ||||||
5 | occur upon retirement and no less than annually thereafter in | ||||||
6 | a format determined by the Fund. The Fund shall also develop | ||||||
7 | and maintain a system to track annuitants who have returned to | ||||||
8 | work and notify the participating employer and annuitant at | ||||||
9 | least annually of the limitations on returning to work under | ||||||
10 | this Section. | ||||||
11 | (b) Supplemental annuities to persons who return to | ||||||
12 | service for less
than 48 months shall be computed under the | ||||||
13 | provisions of Sections 7-141,
7-142 and 7-143. In determining | ||||||
14 | whether an employee is eligible for an
annuity which requires | ||||||
15 | a minimum period of service, his entire period of
service | ||||||
16 | shall be taken into consideration but the supplemental annuity
| ||||||
17 | shall be based on earnings and service in the supplemental | ||||||
18 | period only.
The effective date of the suspended and | ||||||
19 | supplemental annuity for the
purpose of increases after | ||||||
20 | retirement shall be considered to be the
effective date of the | ||||||
21 | suspended annuity.
| ||||||
22 | (c) Supplemental annuities to persons who return to | ||||||
23 | service for 48
months or more shall be a monthly amount | ||||||
24 | determined as follows:
| ||||||
25 | (1) An amount shall be computed under subparagraph b | ||||||
26 | of paragraph
(1) of subsection (a) of Section 7-142, |
| |||||||
| |||||||
1 | considering all of the service
credits of the employee;
| ||||||
2 | (2) The actuarial value in monthly payments for life | ||||||
3 | of the annuity
payments made before suspension shall be | ||||||
4 | determined and subtracted from
the amount determined in | ||||||
5 | (1) above;
| ||||||
6 | (3) The monthly amount of the suspended annuity, with | ||||||
7 | any applicable
increases after retirement computed from | ||||||
8 | the effective date to the date
of reinstatement, shall be | ||||||
9 | subtracted from the amount determined in (2)
above and the | ||||||
10 | remainder shall be the amount of the supplemental annuity
| ||||||
11 | provided that this amount shall not be less than the | ||||||
12 | amount computed under
subsection (b) of this Section.
| ||||||
13 | (4) The suspended annuity shall be reinstated at an | ||||||
14 | amount including
any increases after retirement from the | ||||||
15 | effective date to date of
reinstatement.
| ||||||
16 | (5) The effective date of the combined suspended and | ||||||
17 | supplemental
annuities for the purposes of increases after | ||||||
18 | retirement shall be
considered to be the effective date of | ||||||
19 | the supplemental annuity.
| ||||||
20 | (d) If a Tier 2 regular employee becomes a member or | ||||||
21 | participant under any other system or fund created by this | ||||||
22 | Code and is employed on a full-time basis, except for those | ||||||
23 | members or participants exempted from the provisions of | ||||||
24 | subsection (a) of Section 1-160 of this Code (other than a | ||||||
25 | participating employee under this Article), then the person's | ||||||
26 | retirement annuity shall be suspended during that employment. |
| |||||||
| |||||||
1 | Upon termination of that employment, the person's retirement | ||||||
2 | annuity shall resume and be recalculated as required by this | ||||||
3 | Section. | ||||||
4 | (e) If a Tier 2 regular employee first began participation | ||||||
5 | on or after January 1, 2012 and is receiving a retirement | ||||||
6 | annuity and accepts on a contractual basis a position to | ||||||
7 | provide services to a governmental entity from which he or she | ||||||
8 | has retired, then that person's annuity or retirement pension | ||||||
9 | shall be suspended during that contractual service, | ||||||
10 | notwithstanding the provisions of any other Section in this | ||||||
11 | Article. Such annuitant shall notify the Fund, as well as his | ||||||
12 | or her contractual employer, of his or her retirement status | ||||||
13 | before accepting contractual employment. A person who fails to | ||||||
14 | submit such notification shall be guilty of a Class A | ||||||
15 | misdemeanor and required to pay a fine of $1,000. Upon | ||||||
16 | termination of that contractual employment, the person's | ||||||
17 | retirement annuity shall resume and be recalculated as | ||||||
18 | required by this Section. | ||||||
19 | (Source: P.A. 98-389, eff. 8-16-13; 99-745, eff. 8-5-16.)
| ||||||
20 | (40 ILCS 5/7-156) (from Ch. 108 1/2, par. 7-156)
| ||||||
21 | Sec. 7-156. Surviving spouse annuities - amount.
| ||||||
22 | (a) The amount of surviving spouse annuity shall be:
| ||||||
23 | 1. Upon the death of an employee annuitant or such person | ||||||
24 | entitled, upon
application, to a retirement annuity at date of | ||||||
25 | death, (i) an amount equal
to 1/2 50% for a Tier 1 regular |
| |||||||
| |||||||
1 | employee or 66 2/3% for a Tier 2 regular employee of the | ||||||
2 | retirement annuity which was or would
have been payable | ||||||
3 | exclusive of the amount so payable which was provided from
| ||||||
4 | additional credits, and disregarding any election made under | ||||||
5 | paragraph (b) of
Section 7-142, plus (ii) an annuity which | ||||||
6 | could be provided at the then
attained age of the surviving | ||||||
7 | spouse and under actuarial tables then in effect,
from the | ||||||
8 | excess of the additional credits, (excluding any such credits | ||||||
9 | used to
create a reversionary annuity) used to provide the | ||||||
10 | annuity granted pursuant to
paragraph (a) (2) of Section 7-142 | ||||||
11 | of this article over the total annuity
payments made pursuant | ||||||
12 | thereto.
| ||||||
13 | 2. Upon the death of a participating employee on or after | ||||||
14 | attainment of
age 55, an amount equal to 1/2 50% for a Tier 1 | ||||||
15 | regular employee or 66 2/3% for a Tier 2 regular employee of | ||||||
16 | the retirement annuity
which he could have had as of the date | ||||||
17 | of death had he then retired and applied
for annuity, | ||||||
18 | exclusive of the portion thereof which could have been | ||||||
19 | provided
from additional credits, and disregarding paragraph | ||||||
20 | (b) of Section 7-142,
plus an amount equal to the annuity which | ||||||
21 | could be provided from the total
of his accumulated additional | ||||||
22 | credits at date of death, on the basis of the
attained age of | ||||||
23 | the surviving spouse on such date.
| ||||||
24 | 3. Upon the death of a participating employee before age | ||||||
25 | 55, an amount equal
to 1/2 50% for a Tier 1 regular employee or | ||||||
26 | 66 2/3% for a Tier 2 regular employee of the retirement annuity |
| |||||||
| |||||||
1 | which he could have had
as of his attained age on the date of | ||||||
2 | death, had he then retired and applied
for annuity, and the | ||||||
3 | provisions of this Article that no such annuity shall
begin | ||||||
4 | until the employee has attained at least age 55 were not | ||||||
5 | applicable,
exclusive of the portion thereof which could have | ||||||
6 | been provided from
additional credits and disregarding | ||||||
7 | paragraph (b) of Section 7-142, plus an
amount equal to the | ||||||
8 | annuity which could be provided from the total of his
| ||||||
9 | accumulated additional credits at date of death, on the basis | ||||||
10 | of the
attained age of the surviving spouse on such date.
| ||||||
11 | In the case of the surviving spouse of a person who dies | ||||||
12 | before June 1, 2006 ( the
effective date of Public Act 94-712) | ||||||
13 | this amendatory Act of the 94th General Assembly , if
the | ||||||
14 | surviving spouse is more than 5 years younger than the | ||||||
15 | deceased,
that portion of the annuity which is not based on | ||||||
16 | additional credits shall
be reduced in the ratio of the value | ||||||
17 | of a life annuity of $1 per year at an
age of 5 years less than | ||||||
18 | the attained age of the deceased, at the earlier
of the date of | ||||||
19 | the death or the date his retirement annuity begins, to the
| ||||||
20 | value of a life annuity of $1 per year at the attained age of | ||||||
21 | the surviving
spouse on such date, according to actuarial | ||||||
22 | tables approved by the Board.
This reduction does not apply to | ||||||
23 | the surviving spouse of a person who dies
on or after June 1, | ||||||
24 | 2006 ( the effective date of Public Act 94-712) this amendatory | ||||||
25 | Act of the 94th General
Assembly .
| ||||||
26 | In computing the amount of a surviving spouse annuity, |
| |||||||
| |||||||
1 | incremental increases
of retirement annuities to the date of | ||||||
2 | death of the employee annuitant shall be
considered.
| ||||||
3 | (b) If the employee was a Tier 1 regular employee, each | ||||||
4 | Each surviving spouse annuity payable on January 1, 1988 shall | ||||||
5 | be
increased on that date by 3% of the original amount of the | ||||||
6 | annuity. Each
surviving spouse annuity that begins after | ||||||
7 | January 1, 1988 shall be
increased on the January 1 next | ||||||
8 | occurring after the annuity begins, by an
amount equal to (i) | ||||||
9 | 3% of the original amount thereof if the deceased
employee was | ||||||
10 | receiving a retirement annuity at the time of his death; | ||||||
11 | otherwise
(ii) 0.25% 0.167% of the original amount thereof for | ||||||
12 | each complete
month which has elapsed since the date the | ||||||
13 | annuity began.
| ||||||
14 | On each January 1 after the date of the initial increase | ||||||
15 | under this
subsection, each surviving spouse annuity shall be | ||||||
16 | increased by 3% of the
originally granted amount of the | ||||||
17 | annuity.
| ||||||
18 | (c) If the participating employee was a Tier 2 regular | ||||||
19 | employee, each surviving spouse annuity shall be increased (1) | ||||||
20 | on each January 1 occurring on or after the commencement of the | ||||||
21 | annuity if the deceased member died while receiving a | ||||||
22 | retirement annuity or (2) in other cases, on each January 1 | ||||||
23 | occurring after the first anniversary of the commencement of | ||||||
24 | the annuity. Such annual increase shall be calculated at 3% or | ||||||
25 | one-half the annual unadjusted percentage increase (but not | ||||||
26 | less than zero) in the consumer price index-u for the 12 months |
| |||||||
| |||||||
1 | ending with the September preceding each November 1, whichever | ||||||
2 | is less, of the originally granted surviving spouse annuity. | ||||||
3 | If the annual unadjusted percentage change in the consumer | ||||||
4 | price index-u for the 12 months ending with the September | ||||||
5 | preceding each November 1 is zero or there is a decrease, then | ||||||
6 | the annuity shall not be increased. | ||||||
7 | (Source: P.A. 94-712, eff. 6-1-06 .)
| ||||||
8 | (40 ILCS 5/7-191) (from Ch. 108 1/2, par. 7-191)
| ||||||
9 | Sec. 7-191. To have accounts audited.
| ||||||
10 | To have the accounts of the fund audited annually by a | ||||||
11 | certified public
accountant approved by the Auditor General .
| ||||||
12 | (Source: Laws 1963, p. 161.)
| ||||||
13 | Article 15. | ||||||
14 | Section 15-5. The Illinois Pension Code is amended by | ||||||
15 | changing Section 13-310 as follows:
| ||||||
16 | (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)
| ||||||
17 | Sec. 13-310. Ordinary disability benefit.
| ||||||
18 | (a) Any employee who becomes disabled as the result of
any | ||||||
19 | cause other than injury or illness incurred in the performance | ||||||
20 | of duty
for the employer or any other employer, or while | ||||||
21 | engaged in self-employment
activities, shall be entitled to an | ||||||
22 | ordinary disability benefit. The
eligible period for this |
| |||||||
| |||||||
1 | benefit shall be 25% of the employee's total
actual service | ||||||
2 | prior to the date of disability with a cumulative maximum
| ||||||
3 | period of 5 years.
| ||||||
4 | (b) The benefit shall be allowed only if the employee | ||||||
5 | files an
application in writing with the Board, and a medical | ||||||
6 | report is submitted by
at least one licensed and practicing | ||||||
7 | physician as part of the employee's
application.
| ||||||
8 | The benefit is not payable for any disability which begins | ||||||
9 | during any
period of unpaid leave of absence. No benefit shall | ||||||
10 | be allowed for any
period of disability prior to 30 days before | ||||||
11 | application is made, unless
the Board finds good cause for the | ||||||
12 | delay in filing the application. The
benefit shall not be paid | ||||||
13 | during any period for which the employee receives
or is | ||||||
14 | entitled to receive any part of salary.
| ||||||
15 | The benefit is not payable for any disability which begins | ||||||
16 | during any
period of absence from duty other than allowable | ||||||
17 | vacation time in any
calendar year. An employee whose | ||||||
18 | disability begins during any such
ineligible period of absence | ||||||
19 | from service may not receive benefits until
the employee | ||||||
20 | recovers from the disability and is in service for at least 15
| ||||||
21 | consecutive working days after such recovery.
| ||||||
22 | In the case of an employee who first enters service on or | ||||||
23 | after June 13,
1997, an ordinary disability benefit
is not | ||||||
24 | payable for the first 3 days of disability that would | ||||||
25 | otherwise be
payable under this Section if the disability does | ||||||
26 | not continue for at least 11
additional days.
|
| |||||||
| |||||||
1 | Beginning on the effective date of this amendatory Act of | ||||||
2 | the 94th General Assembly, an employee who first entered | ||||||
3 | service on or after June 13, 1997 is also eligible for ordinary | ||||||
4 | disability benefits on the 31st day after the last day worked, | ||||||
5 | provided all sick leave is exhausted.
| ||||||
6 | (c) The benefit shall be 50% of the employee's salary at | ||||||
7 | the date of
disability, and shall terminate when the earliest | ||||||
8 | of the following occurs:
| ||||||
9 | (1) The employee returns to work or receives a | ||||||
10 | retirement annuity paid
wholly or in part under this | ||||||
11 | Article;
| ||||||
12 | (2) The disability ceases;
| ||||||
13 | (3) The employee willfully and continuously refuses to | ||||||
14 | follow medical
advice and treatment to enable the employee | ||||||
15 | to return to
work. However this provision does not apply | ||||||
16 | to an employee who relies in good
faith on treatment by | ||||||
17 | prayer through spiritual means alone in accordance with
| ||||||
18 | the tenets and practice of a recognized church or | ||||||
19 | religious denomination, by a
duly accredited practitioner | ||||||
20 | thereof;
| ||||||
21 | (4) The employee (i) refuses to submit to a reasonable | ||||||
22 | physical
examination within 30 days of application by a | ||||||
23 | physician appointed by the
Board, (ii) in the case of | ||||||
24 | chronic alcoholism, the employee refuses
to join a | ||||||
25 | rehabilitation program licensed by the Department of | ||||||
26 | Public Health of
the State of Illinois and certified by |
| |||||||
| |||||||
1 | the Joint Commission on the
Accreditation of Hospitals, | ||||||
2 | (iii) fails or refuses to consent to and sign an
| ||||||
3 | authorization allowing the Board to receive copies of or | ||||||
4 | to examine the
employee's medical and hospital records, or | ||||||
5 | (iv) fails or refuses to provide
complete information | ||||||
6 | regarding any other employment for compensation he or she
| ||||||
7 | has received since becoming disabled; or
| ||||||
8 | (5) The eligible period for this benefit has been | ||||||
9 | exhausted.
| ||||||
10 | The first payment of the benefit shall be made not later | ||||||
11 | than one month
after the same has been granted, and subsequent | ||||||
12 | payments shall be made at least monthly
intervals of not more | ||||||
13 | than 30 days .
| ||||||
14 | (Source: P.A. 94-621, eff. 8-18-05.)
| ||||||
15 | Article 20. | ||||||
16 | Section 20-5. The Illinois Pension Code is amended by | ||||||
17 | changing Sections 17-140 and 17-151.1 as follows:
| ||||||
18 | (40 ILCS 5/17-140) (from Ch. 108 1/2, par. 17-140)
| ||||||
19 | Sec. 17-140. Board officers. The president, recording | ||||||
20 | secretary and other officers of the Board shall
be elected by | ||||||
21 | and from the members of the Board board at the first meeting of | ||||||
22 | the
Board after the election of trustees.
| ||||||
23 | In case any officer whose signature appears upon any check |
| |||||||
| |||||||
1 | or draft,
issued pursuant to this Article, ceases (after | ||||||
2 | attaching his signature) to
hold his office , the before the | ||||||
3 | delivery thereof to the payee, his signature
nevertheless | ||||||
4 | shall be valid and sufficient for all purposes with the same
| ||||||
5 | effect as if he had remained in office until delivery thereof .
| ||||||
6 | (Source: P.A. 90-566, eff. 1-2-98.)
| ||||||
7 | (40 ILCS 5/17-151.1) | ||||||
8 | Sec. 17-151.1. Recovery of amount paid in error. | ||||||
9 | (a) The Board may retain out of any annuity or benefit | ||||||
10 | payable to any person any amount that the Board determines is | ||||||
11 | owing to the Fund because (i) required employee contributions | ||||||
12 | were not made in whole or in part, (ii) employee or member | ||||||
13 | obligations to return refunds were not met, or (iii) money was | ||||||
14 | paid to any employee, member, or annuitant through | ||||||
15 | misrepresentation, fraud, or error. | ||||||
16 | If the Fund mistakenly sets any benefit at an incorrect | ||||||
17 | amount, the Fund shall recalculate the benefit as soon as may | ||||||
18 | be practicable after the mistake is discovered. The Fund shall | ||||||
19 | provide the recipient, or the survivor or beneficiary of the | ||||||
20 | recipient, as the case may be, with at least 60 days' notice of | ||||||
21 | the corrected amount. | ||||||
22 | If the benefit was mistakenly set too low, the Fund shall | ||||||
23 | make a lump sum payment to the recipient, or the survivor or | ||||||
24 | beneficiary of the recipient, as the case may be, of an amount | ||||||
25 | equal to the difference between the benefits that should have |
| |||||||
| |||||||
1 | been paid and those actually paid, plus interest at the rate of | ||||||
2 | 3% from the date the unpaid amounts accrued to the date of | ||||||
3 | payment. | ||||||
4 | If the benefit was mistakenly set too high, the Fund may | ||||||
5 | recover the amount overpaid from the recipient, or the | ||||||
6 | survivor or beneficiary of the recipient, as the case may be, | ||||||
7 | plus interest at 3% from the date of overpayment to the date of | ||||||
8 | recovery. The recipient, or the survivor or beneficiary of the | ||||||
9 | recipient, as the case may be, may elect to repay the sum owed | ||||||
10 | either directly by a lump sum payment, in agreed-upon monthly | ||||||
11 | payments over a period not to exceed 5 years, or through an | ||||||
12 | actuarial equivalent reduction of the corrected benefit. | ||||||
13 | However, if (1) the amount of the benefit was mistakenly set | ||||||
14 | too high, (2) the error was undiscovered for 3 years or longer | ||||||
15 | from the date of the first mistaken benefit payment, and (3) | ||||||
16 | the error was not the result of incorrect information supplied | ||||||
17 | by the affected member, then upon discovery of the mistake the | ||||||
18 | benefit shall be adjusted to the correct level, but the | ||||||
19 | recipient of the benefit shall not be required to repay to the | ||||||
20 | Fund the excess amounts received in error. | ||||||
21 | (b) The Board and the Fund shall be held free from any | ||||||
22 | liability for any money retained or paid in accordance with | ||||||
23 | this Section, and the employee, member, or pensioner shall be | ||||||
24 | assumed to have assented and agreed to the disposition of | ||||||
25 | money due. | ||||||
26 | (c) The changes made by this amendatory Act of the 94th |
| |||||||
| |||||||
1 | General Assembly are not limited to persons in service on or | ||||||
2 | after the effective date of this amendatory Act.
| ||||||
3 | (Source: P.A. 94-425, eff. 8-2-05.)
| ||||||
4 | Article 25. | ||||||
5 | Section 25-5. The Illinois Pension Code is amended by | ||||||
6 | changing Section 17-106.1 as follows:
| ||||||
7 | (40 ILCS 5/17-106.1)
| ||||||
8 | Sec. 17-106.1. Administrator. Administrator means a member | ||||||
9 | who (i) is employed in a position that requires him or her to | ||||||
10 | hold a professional educator license with an administrative | ||||||
11 | endorsement Type 75 Certificate issued by the State Board of | ||||||
12 | Education State Teacher Certification Board , (ii) is not on | ||||||
13 | the Chicago teachers' or the Chicago charter school teachers' | ||||||
14 | salary schedule, or (iii) is paid on an administrative | ||||||
15 | payroll.
| ||||||
16 | (Source: P.A. 94-514, eff. 8-10-05; 94-912, eff. 6-23-06.)
| ||||||
17 | Article 30. | ||||||
18 | Section 30-5. The Illinois Pension Code is amended by | ||||||
19 | changing Section 17-131 as follows:
| ||||||
20 | (40 ILCS 5/17-131) (from Ch. 108 1/2, par. 17-131)
|
| |||||||
| |||||||
1 | Sec. 17-131. Administration of payroll deductions. | ||||||
2 | (a) An Employer or the Board shall make pension deductions | ||||||
3 | in each pay period on the basis of the salary earned in that | ||||||
4 | period, exclusive of salaries for overtime, extracurricular | ||||||
5 | activities, or any employment on an optional basis, such as in | ||||||
6 | summer school. | ||||||
7 | (b) If a salary paid in a pay period includes adjustments | ||||||
8 | on account of errors or omissions in prior pay periods, then | ||||||
9 | salary amounts and related pension deductions shall be | ||||||
10 | separately identified as to the adjusted pay period and | ||||||
11 | deductions by the Employer or the Board shall be at rates in | ||||||
12 | force during the applicable adjusted pay period. | ||||||
13 | (c) If members earn salaries for the school year, as | ||||||
14 | established by an Employer, or if they earn annual salaries | ||||||
15 | over more than a 10-calendar month period, or if they earn | ||||||
16 | annual salaries over more than 170 calendar days, the required | ||||||
17 | contribution amount shall be deducted by the Employer in | ||||||
18 | installments on the basis of salary earned in each pay period. | ||||||
19 | The total amounts for each pay period shall be deducted | ||||||
20 | whenever salary payments represent a partial or whole day's | ||||||
21 | pay. | ||||||
22 | (d) If an Employer or the Board pays a salary to a member | ||||||
23 | for vacation periods, then the salary shall be considered part | ||||||
24 | of the member's pensionable salary, shall be subject to the | ||||||
25 | standard deductions for pension contributions, and shall be | ||||||
26 | considered to represent pay for the number of whole days of |
| |||||||
| |||||||
1 | vacation. | ||||||
2 | (e) If deductions from salaries result in amounts of less | ||||||
3 | than one cent, the fractional sums shall be increased to the | ||||||
4 | next higher cent. Any excess of these fractional increases | ||||||
5 | over the prescribed annual contributions shall be credited to | ||||||
6 | the members' accounts. | ||||||
7 | (f) In the event that, pursuant to Section 17-130.1, | ||||||
8 | employee contributions are picked up or made by the Employer | ||||||
9 | or the Board of Education on behalf of its employees, then the | ||||||
10 | amount of the employee contributions which are picked up or | ||||||
11 | made in that manner shall not be deducted from the salaries of | ||||||
12 | such employees.
| ||||||
13 | (Source: P.A. 101-261, eff. 8-9-19.)
| ||||||
14 | Article 35. | ||||||
15 | Section 35-5. The Illinois Pension Code is amended by | ||||||
16 | changing Section 15-159 as follows:
| ||||||
17 | (40 ILCS 5/15-159) (from Ch. 108 1/2, par. 15-159)
| ||||||
18 | Sec. 15-159. Board created. | ||||||
19 | (a) A board of trustees constituted as provided in
this | ||||||
20 | Section shall administer this System. The board shall be known | ||||||
21 | as the
Board of Trustees of the State Universities Retirement | ||||||
22 | System.
| ||||||
23 | (b) (Blank).
|
| |||||||
| |||||||
1 | (c) (Blank).
| ||||||
2 | (d) Beginning on the 90th day after April 3, 2009 (the | ||||||
3 | effective date of Public Act 96-6), the Board of Trustees | ||||||
4 | shall be constituted as follows: | ||||||
5 | (1) The Chairperson of the Board of Higher Education. | ||||||
6 | (2) Four trustees appointed by the Governor with the | ||||||
7 | advice and consent of the Senate who may not be members of | ||||||
8 | the system or hold an elective State office and who shall | ||||||
9 | serve for a term of 6 years, except that the terms of the | ||||||
10 | initial appointees under this subsection (d) shall be as | ||||||
11 | follows: 2 for a term of 3 years and 2 for a term of 6 | ||||||
12 | years. The term of an appointed trustee shall terminate | ||||||
13 | immediately upon becoming a member of the system or being | ||||||
14 | sworn into an elective State office, and the position | ||||||
15 | shall be considered to be vacant and shall be filled | ||||||
16 | pursuant to subsection (f) of this Section. | ||||||
17 | (3) Four participating employees active participants | ||||||
18 | of the system to be elected from the contributing | ||||||
19 | membership of the system by the
contributing members, no | ||||||
20 | more than 2 of which may be from any of the University of | ||||||
21 | Illinois campuses, who shall serve for a term of 6 years, | ||||||
22 | except that the terms of the initial electees shall be as | ||||||
23 | follows: 2 for a term of 3 years and 2 for a term of 6 | ||||||
24 | years. | ||||||
25 | (4) Two annuitants of
the system who have been | ||||||
26 | annuitants for at least one full year, to be
elected from |
| |||||||
| |||||||
1 | and by the annuitants of the system, no more than one of | ||||||
2 | which may be from any of the University of Illinois | ||||||
3 | campuses, who shall serve for a term of 6 years, except | ||||||
4 | that the terms of the initial electees shall be as | ||||||
5 | follows: one for a term of 3 years and one for a term of 6 | ||||||
6 | years. | ||||||
7 | The chairperson of the Board shall be appointed by the | ||||||
8 | Governor from among the trustees. | ||||||
9 | For the purposes of this Section, the Governor may make a | ||||||
10 | nomination and the Senate may confirm the nominee in advance | ||||||
11 | of the commencement of the nominee's term of office. | ||||||
12 | (e) The 6 elected trustees shall be elected within 90 days | ||||||
13 | after April 3, 2009 (the effective date of Public Act 96-6) for | ||||||
14 | a term beginning on the 90th day after that effective date. | ||||||
15 | Trustees shall be elected thereafter as terms expire for a | ||||||
16 | 6-year term beginning July 15 next following their election, | ||||||
17 | and such election shall be held on May 1, or on May 2 when May | ||||||
18 | 1 falls on a Sunday. The board may establish rules for the | ||||||
19 | election of trustees to implement the provisions of Public Act | ||||||
20 | 96-6 and for future elections. Candidates for the | ||||||
21 | participating trustee shall be nominated by petitions in | ||||||
22 | writing, signed by not less than 400 participants with their | ||||||
23 | addresses shown opposite their names. Candidates for the | ||||||
24 | annuitant trustee shall be nominated by petitions in writing, | ||||||
25 | signed by not less than 100 annuitants with their addresses | ||||||
26 | shown opposite their names. If there is more than one |
| |||||||
| |||||||
1 | qualified nominee for each elected trustee, then the board | ||||||
2 | shall conduct a secret ballot election by mail for that | ||||||
3 | trustee, in accordance with rules as established by the board. | ||||||
4 | If there is only one qualified person nominated by petition | ||||||
5 | for each elected trustee, then the election as required by | ||||||
6 | this Section shall not be conducted for that trustee and the | ||||||
7 | board shall declare such nominee duly elected. A vacancy | ||||||
8 | occurring in the elective membership of the board shall be | ||||||
9 | filled for the unexpired term by the elected trustees serving | ||||||
10 | on the board for the remainder of the term. Nothing in this | ||||||
11 | subsection shall preclude the adoption of rules providing for | ||||||
12 | internet or phone balloting in addition, or as an alternative, | ||||||
13 | to election by mail. | ||||||
14 | (f) A vacancy in the appointed membership on the board of | ||||||
15 | trustees caused by resignation,
death, expiration of term of | ||||||
16 | office, or other reason shall be filled by a
qualified person | ||||||
17 | appointed by the Governor for the remainder of the unexpired
| ||||||
18 | term.
| ||||||
19 | (g) Trustees (other than the trustees incumbent on June | ||||||
20 | 30, 1995 or as provided in subsection (c) of this Section)
| ||||||
21 | shall continue in office until their respective successors are | ||||||
22 | appointed
and have qualified, except that a trustee elected | ||||||
23 | appointed to one of the participating employee
participant | ||||||
24 | positions after the effective date of this amendatory Act of | ||||||
25 | the 102nd General Assembly shall be disqualified immediately | ||||||
26 | upon the termination of
his or her status as a participating |
| |||||||
| |||||||
1 | employee participant and a trustee elected appointed to one of | ||||||
2 | the
annuitant positions after the effective date of this | ||||||
3 | amendatory Act of the 102nd General Assembly shall be | ||||||
4 | disqualified immediately upon the termination of
his or her | ||||||
5 | status as an annuitant receiving a retirement annuity.
| ||||||
6 | An elected trustee who is incumbent on the effective date | ||||||
7 | of this amendatory Act of the 102nd General Assembly whose | ||||||
8 | status as a participating employee or annuitant has terminated | ||||||
9 | after having been elected shall continue to serve in the | ||||||
10 | participating employee or annuitant position to which he or | ||||||
11 | she was elected for the remainder of the term. | ||||||
12 | (h) Each trustee must take an oath of office
before a | ||||||
13 | notary public of this State and shall qualify as a trustee upon | ||||||
14 | the
presentation to the board of a certified copy of the oath. | ||||||
15 | The oath must state
that the person will diligently and | ||||||
16 | honestly administer the affairs of the
retirement system, and | ||||||
17 | will not knowingly violate or willfully permit to be
violated | ||||||
18 | any provisions of this Article.
| ||||||
19 | Each trustee shall serve without compensation but shall be | ||||||
20 | reimbursed for
expenses necessarily incurred in attending | ||||||
21 | board meetings and carrying out his
or her duties as a trustee | ||||||
22 | or officer of the system.
| ||||||
23 | (Source: P.A. 101-610, eff. 1-1-20.)
| ||||||
24 | Article 40. |
| |||||||
| |||||||
1 | Section 40-5. The Illinois Pension Code is amended by | ||||||
2 | changing Section 10-107 as follows:
| ||||||
3 | (40 ILCS 5/10-107) (from Ch. 108 1/2, par. 10-107)
| ||||||
4 | Sec. 10-107. Financing - Tax levy. The forest preserve | ||||||
5 | district may
levy an annual tax on the value, as equalized or | ||||||
6 | assessed by the
Department of Revenue, of all taxable property | ||||||
7 | in the
district for the purpose of providing revenue for the | ||||||
8 | fund. The rate of
such tax in any year may not exceed the rate | ||||||
9 | herein specified for that
year or the rate which will produce, | ||||||
10 | when extended, the sum herein
stated for that year, whichever | ||||||
11 | is higher: for any year prior to 1970,
.00103% or $195,000; for | ||||||
12 | the year 1970, .00111% or $210,000; for the
year 1971, .00116% | ||||||
13 | or $220,000. For the year 1972 and each year
thereafter, the | ||||||
14 | Forest Preserve District shall levy a tax annually at a
rate on | ||||||
15 | the dollar of the value, as equalized or assessed by the
| ||||||
16 | Department of Revenue upon all taxable property in the
county, | ||||||
17 | when extended, not to exceed an amount equal to the total | ||||||
18 | amount
of contributions by the employees to the fund made in | ||||||
19 | the calendar year
2 years prior to the year for which the | ||||||
20 | annual applicable tax is levied,
multiplied by 1.25 for the | ||||||
21 | year 1972; and by 1.30 for the year 1973 and
for each year | ||||||
22 | thereafter.
| ||||||
23 | The tax shall be levied and collected in like manner with | ||||||
24 | the general
taxes of the district and shall be in addition to | ||||||
25 | the maximum of all
other tax rates which the district may levy |
| |||||||
| |||||||
1 | upon the aggregate valuation
of all taxable property and shall | ||||||
2 | be exclusive of and in addition to the
maximum amount and rate | ||||||
3 | of taxes the district may levy for general
purposes or under | ||||||
4 | and by virtue of any laws which limit the amount of
tax which | ||||||
5 | the district may levy for general purposes. The county clerk
| ||||||
6 | of the county in which the forest preserve district is located | ||||||
7 | in
reducing tax levies under the provisions of "An Act | ||||||
8 | concerning the levy
and extension of taxes", approved May 9, | ||||||
9 | 1901, as amended, shall not
consider any such tax as a part of | ||||||
10 | the general tax levy for forest
preserve purposes, and shall | ||||||
11 | not include the same in the limitation of
1% of the assessed | ||||||
12 | valuation upon which taxes are required to be
extended, and | ||||||
13 | shall not reduce the same under the provisions of that
Act. The | ||||||
14 | proceeds of the tax herein authorized shall be kept as a
| ||||||
15 | separate fund. | ||||||
16 | The forest preserve district may use other lawfully | ||||||
17 | available funds in lieu of all or part of the levy.
| ||||||
18 | The Board may establish a manpower program reserve, or a | ||||||
19 | special
forest preserve district contribution rate, with | ||||||
20 | respect to employees
whose wages are funded as program | ||||||
21 | participants under the Comprehensive
Employment and Training | ||||||
22 | Act of 1973 in the manner provided in subsection
(d) or (e), | ||||||
23 | respectively, of Section 9-169.
| ||||||
24 | (Source: P.A. 81-1509.)
| ||||||
25 | Article 45. |
| |||||||
| |||||||
1 | Section 45-5. The Illinois Pension Code is amended by | ||||||
2 | changing Section 9-158 as follows:
| ||||||
3 | (40 ILCS 5/9-158) (from Ch. 108 1/2, par. 9-158)
| ||||||
4 | Sec. 9-158. Proof of disability, duty and ordinary. Proof | ||||||
5 | of duty or ordinary disability shall be furnished to the board | ||||||
6 | by
at least one licensed and practicing physician appointed by | ||||||
7 | or acceptable to the board, except that this requirement may | ||||||
8 | be waived by the board for proof of duty disability if the | ||||||
9 | employee has been compensated by the county for such | ||||||
10 | disability or specific loss under the Workers' Compensation | ||||||
11 | Act or Workers' Occupational Diseases Act. The physician | ||||||
12 | requirement may also be waived by the board for ordinary | ||||||
13 | disability maternity claims of up to 8 weeks. With respect to | ||||||
14 | duty disability, satisfactory proof must be provided to the | ||||||
15 | board that the final adjudication of the claim required under | ||||||
16 | subsection (d) of Section 9-159 established that the | ||||||
17 | disability or death resulted from an injury incurred in the | ||||||
18 | performance of an act or acts of duty. The
board may require | ||||||
19 | other evidence of disability. Each disabled employee who
| ||||||
20 | receives duty or ordinary disability benefit shall be examined | ||||||
21 | at least
once a year or a longer period of time as determined | ||||||
22 | by the board, by one or more licensed and practicing | ||||||
23 | physicians appointed by
the board. When the disability ceases, | ||||||
24 | the board shall discontinue payment
of the benefit.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-578, eff. 7-15-16.)
| ||||||
2 | Article 50. | ||||||
3 | Section 50-5. The Illinois Pension Code is amended by | ||||||
4 | adding Section 14-148.5 as follows:
| ||||||
5 | (40 ILCS 5/14-148.5 new) | ||||||
6 | Sec. 14-148.5. Indemnification of financial institution | ||||||
7 | for recovery of overpayment. The System may indemnify a bank, | ||||||
8 | savings and loan association, or other financial institution | ||||||
9 | insured by an agency of the federal government as necessary to | ||||||
10 | recover for the System any benefit overpayment that the System | ||||||
11 | has made to the financial institution on behalf of a member.
| ||||||
12 | (40 ILCS 5/21-120 rep.) | ||||||
13 | Section 50-10. The Illinois Pension Code is amended by | ||||||
14 | repealing Section 21-120.
| ||||||
15 | Article 55. | ||||||
16 | Section 55-5. The Illinois Pension Code is amended by | ||||||
17 | adding Section 4-108.8 and by changing Sections 7-139.8, | ||||||
18 | 14-110, and 14-152.1 as follows:
| ||||||
19 | (40 ILCS 5/4-108.8 new) |
| |||||||
| |||||||
1 | Sec. 4-108.8. Transfer of creditable service to the State | ||||||
2 | Employees' Retirement System. | ||||||
3 | (a) Any active member of the State Employees' Retirement | ||||||
4 | System who is an arson investigator may apply for transfer of | ||||||
5 | some or all of his or her credits and creditable service | ||||||
6 | accumulated in any firefighters' pension fund under this | ||||||
7 | Article to the State Employees' Retirement System in | ||||||
8 | accordance with Section 14-110. The creditable service shall | ||||||
9 | be transferred only upon payment by the firefighters' pension | ||||||
10 | fund to the State Employees' Retirement System of an amount | ||||||
11 | equal to: | ||||||
12 | (1) the amounts accumulated to the credit of the | ||||||
13 | applicant for the service to be transferred on file with | ||||||
14 | the fund on the date of transfer; | ||||||
15 | (2) employer contributions in an amount equal to the | ||||||
16 | amount determined under paragraph (1); and | ||||||
17 | (3) any interest paid by the applicant in order to | ||||||
18 | reinstate service to be transferred. | ||||||
19 | Participation in the firefighters' pension fund with | ||||||
20 | respect to the service to be transferred shall terminate on | ||||||
21 | the date of transfer. | ||||||
22 | (b) Any person applying to transfer service under this | ||||||
23 | Section may reinstate service that was terminated by receipt | ||||||
24 | of a refund, by paying to the firefighters' pension fund the | ||||||
25 | amount of the refund with interest thereon at the actuarially | ||||||
26 | assumed rate of interest, compounded annually, from the date |
| |||||||
| |||||||
1 | of refund to the date of payment.
| ||||||
2 | (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
| ||||||
3 | Sec. 7-139.8. Transfer to Article 14 System.
| ||||||
4 | (a) Any active member of the State Employees' Retirement | ||||||
5 | System who is a State policeman, an investigator for the | ||||||
6 | Secretary of State, a conservation police officer, an | ||||||
7 | investigator for the Office of the Attorney General, an | ||||||
8 | investigator for the Department of Revenue, a Commerce | ||||||
9 | Commission police officer, an
investigator for the Office of | ||||||
10 | the State's Attorneys Appellate Prosecutor,
or a controlled | ||||||
11 | substance inspector
may apply for transfer of some or all of | ||||||
12 | his or her credits and creditable service
accumulated in this | ||||||
13 | Fund for service as a sheriff's law enforcement
employee, | ||||||
14 | person employed by a participating municipality to perform | ||||||
15 | police duties, or law enforcement officer employed on a | ||||||
16 | full-time basis by a forest preserve district to the State | ||||||
17 | Employees' Retirement System in accordance with
Section | ||||||
18 | 14-110. The creditable service shall be transferred only upon | ||||||
19 | payment
by this Fund to the State Employees' Retirement System | ||||||
20 | of an amount equal to:
| ||||||
21 | (1) the amounts accumulated to the credit of the | ||||||
22 | applicant for the service
to be transferred, including | ||||||
23 | interest; and
| ||||||
24 | (2) municipality credits based on such service, | ||||||
25 | including interest; and
|
| |||||||
| |||||||
1 | (3) any interest paid by the applicant to reinstate | ||||||
2 | such service.
| ||||||
3 | Participation in this Fund as to any credits transferred under | ||||||
4 | this
Section shall terminate on the date of transfer.
| ||||||
5 | (b) Any person applying to transfer service under this | ||||||
6 | Section may reinstate credits and
creditable service | ||||||
7 | terminated upon receipt of a separation benefit, by paying
to | ||||||
8 | the Fund the amount of the separation benefit plus interest | ||||||
9 | thereon at the actuarially assumed rate of interest
to the | ||||||
10 | date of payment.
| ||||||
11 | (Source: P.A. 95-530, eff. 8-28-07; 96-745, eff. 8-25-09.)
| ||||||
12 | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| ||||||
13 | Sec. 14-110. Alternative retirement annuity.
| ||||||
14 | (a) Any member who has withdrawn from service with not | ||||||
15 | less than 20
years of eligible creditable service and has | ||||||
16 | attained age 55, and any
member who has withdrawn from service | ||||||
17 | with not less than 25 years of
eligible creditable service and | ||||||
18 | has attained age 50, regardless of whether
the attainment of | ||||||
19 | either of the specified ages occurs while the member is
still | ||||||
20 | in service, shall be entitled to receive at the option of the | ||||||
21 | member,
in lieu of the regular or minimum retirement annuity, | ||||||
22 | a retirement annuity
computed as follows:
| ||||||
23 | (i) for periods of service as a noncovered employee:
| ||||||
24 | if retirement occurs on or after January 1, 2001, 3% of | ||||||
25 | final
average compensation for each year of creditable |
| |||||||
| |||||||
1 | service; if retirement occurs
before January 1, 2001, 2 | ||||||
2 | 1/4% of final average compensation for each of the
first | ||||||
3 | 10 years of creditable service, 2 1/2% for each year above | ||||||
4 | 10 years to
and including 20 years of creditable service, | ||||||
5 | and 2 3/4% for each year of
creditable service above 20 | ||||||
6 | years; and
| ||||||
7 | (ii) for periods of eligible creditable service as a | ||||||
8 | covered employee:
if retirement occurs on or after January | ||||||
9 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
10 | of creditable service; if retirement occurs before
January | ||||||
11 | 1, 2001, 1.67% of final average compensation for each of | ||||||
12 | the first
10 years of such service, 1.90% for each of the | ||||||
13 | next 10 years of such service,
2.10% for each year of such | ||||||
14 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
15 | each year in excess of 30.
| ||||||
16 | Such annuity shall be subject to a maximum of 75% of final | ||||||
17 | average
compensation if retirement occurs before January 1, | ||||||
18 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
19 | retirement occurs on or after January
1, 2001.
| ||||||
20 | These rates shall not be applicable to any service | ||||||
21 | performed
by a member as a covered employee which is not | ||||||
22 | eligible creditable service.
Service as a covered employee | ||||||
23 | which is not eligible creditable service
shall be subject to | ||||||
24 | the rates and provisions of Section 14-108.
| ||||||
25 | (b) For the purpose of this Section, "eligible creditable | ||||||
26 | service" means
creditable service resulting from service in |
| |||||||
| |||||||
1 | one or more of the following
positions:
| ||||||
2 | (1) State policeman;
| ||||||
3 | (2) fire fighter in the fire protection service of a | ||||||
4 | department;
| ||||||
5 | (3) air pilot;
| ||||||
6 | (4) special agent;
| ||||||
7 | (5) investigator for the Secretary of State;
| ||||||
8 | (6) conservation police officer;
| ||||||
9 | (7) investigator for the Department of Revenue or the | ||||||
10 | Illinois Gaming Board;
| ||||||
11 | (8) security employee of the Department of Human | ||||||
12 | Services;
| ||||||
13 | (9) Central Management Services security police | ||||||
14 | officer;
| ||||||
15 | (10) security employee of the Department of | ||||||
16 | Corrections or the Department of Juvenile Justice;
| ||||||
17 | (11) dangerous drugs investigator;
| ||||||
18 | (12) investigator for the Department of State Police;
| ||||||
19 | (13) investigator for the Office of the Attorney | ||||||
20 | General;
| ||||||
21 | (14) controlled substance inspector;
| ||||||
22 | (15) investigator for the Office of the State's | ||||||
23 | Attorneys Appellate
Prosecutor;
| ||||||
24 | (16) Commerce Commission police officer;
| ||||||
25 | (17) arson investigator;
| ||||||
26 | (18) State highway maintenance worker;
|
| |||||||
| |||||||
1 | (19) security employee of the Department of Innovation | ||||||
2 | and Technology; or | ||||||
3 | (20) transferred employee. | ||||||
4 | A person employed in one of the positions specified in | ||||||
5 | this subsection is
entitled to eligible creditable service for | ||||||
6 | service credit earned under this
Article while undergoing the | ||||||
7 | basic police training course approved by the
Illinois Law | ||||||
8 | Enforcement Training
Standards Board, if
completion of that | ||||||
9 | training is required of persons serving in that position.
For | ||||||
10 | the purposes of this Code, service during the required basic | ||||||
11 | police
training course shall be deemed performance of the | ||||||
12 | duties of the specified
position, even though the person is | ||||||
13 | not a sworn peace officer at the time of
the training.
| ||||||
14 | A person under paragraph (20) is entitled to eligible | ||||||
15 | creditable service for service credit earned under this | ||||||
16 | Article on and after his or her transfer by Executive Order No. | ||||||
17 | 2003-10, Executive Order No. 2004-2, or Executive Order No. | ||||||
18 | 2016-1. | ||||||
19 | (c) For the purposes of this Section:
| ||||||
20 | (1) The term "State policeman" includes any title or | ||||||
21 | position
in the Department of State Police that is held by | ||||||
22 | an individual employed
under the State Police Act.
| ||||||
23 | (2) The term "fire fighter in the fire protection | ||||||
24 | service of a
department" includes all officers in such | ||||||
25 | fire protection service
including fire chiefs and | ||||||
26 | assistant fire chiefs.
|
| |||||||
| |||||||
1 | (3) The term "air pilot" includes any employee whose | ||||||
2 | official job
description on file in the Department of | ||||||
3 | Central Management Services, or
in the department by which | ||||||
4 | he is employed if that department is not covered
by the | ||||||
5 | Personnel Code, states that his principal duty is the | ||||||
6 | operation of
aircraft, and who possesses a pilot's | ||||||
7 | license; however, the change in this
definition made by | ||||||
8 | this amendatory Act of 1983 shall not operate to exclude
| ||||||
9 | any noncovered employee who was an "air pilot" for the | ||||||
10 | purposes of this
Section on January 1, 1984.
| ||||||
11 | (4) The term "special agent" means any person who by | ||||||
12 | reason of
employment by the Division of Narcotic Control, | ||||||
13 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
14 | Division of Criminal Investigation, the
Division of | ||||||
15 | Internal Investigation, the Division of Operations, or any
| ||||||
16 | other Division or organizational
entity in the Department | ||||||
17 | of State Police is vested by law with duties to
maintain | ||||||
18 | public order, investigate violations of the criminal law | ||||||
19 | of this
State, enforce the laws of this State, make | ||||||
20 | arrests and recover property.
The term "special agent" | ||||||
21 | includes any title or position in the Department
of State | ||||||
22 | Police that is held by an individual employed under the | ||||||
23 | State
Police Act.
| ||||||
24 | (5) The term "investigator for the Secretary of State" | ||||||
25 | means any person
employed by the Office of the Secretary | ||||||
26 | of State and vested with such
investigative duties as |
| |||||||
| |||||||
1 | render him ineligible for coverage under the Social
| ||||||
2 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
3 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
4 | A person who became employed as an investigator for | ||||||
5 | the Secretary of
State between January 1, 1967 and | ||||||
6 | December 31, 1975, and who has served as
such until | ||||||
7 | attainment of age 60, either continuously or with a single | ||||||
8 | break
in service of not more than 3 years duration, which | ||||||
9 | break terminated before
January 1, 1976, shall be entitled | ||||||
10 | to have his retirement annuity
calculated in accordance | ||||||
11 | with subsection (a), notwithstanding
that he has less than | ||||||
12 | 20 years of credit for such service.
| ||||||
13 | (6) The term "Conservation Police Officer" means any | ||||||
14 | person employed
by the Division of Law Enforcement of the | ||||||
15 | Department of Natural Resources and
vested with such law | ||||||
16 | enforcement duties as render him ineligible for coverage
| ||||||
17 | under the Social Security Act by reason of Sections | ||||||
18 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
19 | term "Conservation Police Officer" includes
the positions | ||||||
20 | of Chief Conservation Police Administrator and Assistant
| ||||||
21 | Conservation Police Administrator.
| ||||||
22 | (7) The term "investigator for the Department of | ||||||
23 | Revenue" means any
person employed by the Department of | ||||||
24 | Revenue and vested with such
investigative duties as | ||||||
25 | render him ineligible for coverage under the Social
| ||||||
26 | Security Act by reason of Sections 218(d)(5)(A), |
| |||||||
| |||||||
1 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
2 | The term "investigator for the Illinois Gaming Board" | ||||||
3 | means any
person employed as such by the Illinois Gaming | ||||||
4 | Board and vested with such
peace officer duties as render | ||||||
5 | the person ineligible for coverage under the Social
| ||||||
6 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
7 | 218(d)(8)(D), and 218(l)(1)
of that Act.
| ||||||
8 | (8) The term "security employee of the Department of | ||||||
9 | Human Services"
means any person employed by the | ||||||
10 | Department of Human Services who (i) is
employed at the | ||||||
11 | Chester Mental Health Center and has daily contact with | ||||||
12 | the
residents thereof, (ii) is employed within a security | ||||||
13 | unit at a facility
operated by the Department and has | ||||||
14 | daily contact with the residents of the
security unit, | ||||||
15 | (iii) is employed at a facility operated by the Department
| ||||||
16 | that includes a security unit and is regularly scheduled | ||||||
17 | to work at least
50% of his or her working hours within | ||||||
18 | that security unit, or (iv) is a mental health police | ||||||
19 | officer.
"Mental health police officer" means any person | ||||||
20 | employed by the Department of
Human Services in a position | ||||||
21 | pertaining to the Department's mental health and
| ||||||
22 | developmental disabilities functions who is vested with | ||||||
23 | such law enforcement
duties as render the person | ||||||
24 | ineligible for coverage under the Social Security
Act by | ||||||
25 | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
26 | 218(l)(1) of that
Act. "Security unit" means that portion |
| |||||||
| |||||||
1 | of a facility that is devoted to
the care, containment, | ||||||
2 | and treatment of persons committed to the Department of
| ||||||
3 | Human Services as sexually violent persons, persons unfit | ||||||
4 | to stand trial, or
persons not guilty by reason of | ||||||
5 | insanity. With respect to past employment,
references to | ||||||
6 | the Department of Human Services include its predecessor, | ||||||
7 | the
Department of Mental Health and Developmental | ||||||
8 | Disabilities.
| ||||||
9 | The changes made to this subdivision (c)(8) by Public | ||||||
10 | Act 92-14 apply to persons who retire on or after January | ||||||
11 | 1,
2001, notwithstanding Section 1-103.1.
| ||||||
12 | (9) "Central Management Services security police | ||||||
13 | officer" means any
person employed by the Department of | ||||||
14 | Central Management Services who is
vested with such law | ||||||
15 | enforcement duties as render him ineligible for
coverage | ||||||
16 | under the Social Security Act by reason of Sections | ||||||
17 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
18 | (10) For a member who first became an employee under | ||||||
19 | this Article before July 1, 2005, the term "security | ||||||
20 | employee of the Department of Corrections or the | ||||||
21 | Department of Juvenile Justice"
means any employee of the | ||||||
22 | Department of Corrections or the Department of Juvenile | ||||||
23 | Justice or the former
Department of Personnel, and any | ||||||
24 | member or employee of the Prisoner
Review Board, who has | ||||||
25 | daily contact with inmates or youth by working within a
| ||||||
26 | correctional facility or Juvenile facility operated by the |
| |||||||
| |||||||
1 | Department of Juvenile Justice or who is a parole officer | ||||||
2 | or an employee who has
direct contact with committed | ||||||
3 | persons in the performance of his or her
job duties. For a | ||||||
4 | member who first becomes an employee under this Article on | ||||||
5 | or after July 1, 2005, the term means an employee of the | ||||||
6 | Department of Corrections or the Department of Juvenile | ||||||
7 | Justice who is any of the following: (i) officially | ||||||
8 | headquartered at a correctional facility or Juvenile | ||||||
9 | facility operated by the Department of Juvenile Justice, | ||||||
10 | (ii) a parole officer, (iii) a member of the apprehension | ||||||
11 | unit, (iv) a member of the intelligence unit, (v) a member | ||||||
12 | of the sort team, or (vi) an investigator.
| ||||||
13 | (11) The term "dangerous drugs investigator" means any | ||||||
14 | person who is
employed as such by the Department of Human | ||||||
15 | Services.
| ||||||
16 | (12) The term "investigator for the Department of | ||||||
17 | State Police" means
a person employed by the Department of | ||||||
18 | State Police who is vested under
Section 4 of the Narcotic | ||||||
19 | Control Division Abolition Act with such
law enforcement | ||||||
20 | powers as render him ineligible for coverage under the
| ||||||
21 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
22 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
23 | (13) "Investigator for the Office of the Attorney | ||||||
24 | General" means any
person who is employed as such by the | ||||||
25 | Office of the Attorney General and
is vested with such | ||||||
26 | investigative duties as render him ineligible for
coverage |
| |||||||
| |||||||
1 | under the Social Security Act by reason of Sections | ||||||
2 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||||||
3 | the period before January 1,
1989, the term includes all | ||||||
4 | persons who were employed as investigators by the
Office | ||||||
5 | of the Attorney General, without regard to social security | ||||||
6 | status.
| ||||||
7 | (14) "Controlled substance inspector" means any person | ||||||
8 | who is employed
as such by the Department of Professional | ||||||
9 | Regulation and is vested with such
law enforcement duties | ||||||
10 | as render him ineligible for coverage under the Social
| ||||||
11 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
12 | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||||||
13 | "controlled substance inspector" includes the Program
| ||||||
14 | Executive of Enforcement and the Assistant Program | ||||||
15 | Executive of Enforcement.
| ||||||
16 | (15) The term "investigator for the Office of the | ||||||
17 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
18 | employed in that capacity on a full
time basis under the | ||||||
19 | authority of Section 7.06 of the State's Attorneys
| ||||||
20 | Appellate Prosecutor's Act.
| ||||||
21 | (16) "Commerce Commission police officer" means any | ||||||
22 | person employed
by the Illinois Commerce Commission who is | ||||||
23 | vested with such law
enforcement duties as render him | ||||||
24 | ineligible for coverage under the Social
Security Act by | ||||||
25 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
26 | 218(l)(1) of that Act.
|
| |||||||
| |||||||
1 | (17) "Arson investigator" means any person who is | ||||||
2 | employed as such by
the Office of the State Fire Marshal | ||||||
3 | and is vested with such law enforcement
duties as render | ||||||
4 | the person ineligible for coverage under the Social | ||||||
5 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
6 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
7 | employed as an arson
investigator on January 1, 1995 and | ||||||
8 | is no longer in service but not yet
receiving a retirement | ||||||
9 | annuity may convert his or her creditable service for
| ||||||
10 | employment as an arson investigator into eligible | ||||||
11 | creditable service by paying
to the System the difference | ||||||
12 | between the employee contributions actually paid
for that | ||||||
13 | service and the amounts that would have been contributed | ||||||
14 | if the
applicant were contributing at the rate applicable | ||||||
15 | to persons with the same
social security status earning | ||||||
16 | eligible creditable service on the date of
application.
| ||||||
17 | (18) The term "State highway maintenance worker" means | ||||||
18 | a person who is
either of the following:
| ||||||
19 | (i) A person employed on a full-time basis by the | ||||||
20 | Illinois
Department of Transportation in the position | ||||||
21 | of
highway maintainer,
highway maintenance lead | ||||||
22 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
23 | construction equipment operator,
power shovel | ||||||
24 | operator, or
bridge mechanic; and
whose principal | ||||||
25 | responsibility is to perform, on the roadway, the | ||||||
26 | actual
maintenance necessary to keep the highways that |
| |||||||
| |||||||
1 | form a part of the State
highway system in serviceable | ||||||
2 | condition for vehicular traffic.
| ||||||
3 | (ii) A person employed on a full-time basis by the | ||||||
4 | Illinois
State Toll Highway Authority in the position | ||||||
5 | of
equipment operator/laborer H-4,
equipment | ||||||
6 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
7 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
8 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
9 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
10 | roadway lighting H-6,
structural H-4,
structural H-6,
| ||||||
11 | painter H-4, or
painter H-6; and
whose principal | ||||||
12 | responsibility is to perform, on the roadway, the | ||||||
13 | actual
maintenance necessary to keep the Authority's | ||||||
14 | tollways in serviceable condition
for vehicular | ||||||
15 | traffic.
| ||||||
16 | (19) The term "security employee of the Department of | ||||||
17 | Innovation and Technology" means a person who was a | ||||||
18 | security employee of the Department of Corrections or the | ||||||
19 | Department of Juvenile Justice, was transferred to the | ||||||
20 | Department of Innovation and Technology pursuant to | ||||||
21 | Executive Order 2016-01, and continues to perform similar | ||||||
22 | job functions under that Department. | ||||||
23 | (20) "Transferred employee" means an employee who was | ||||||
24 | transferred to the Department of Central Management | ||||||
25 | Services by Executive Order No. 2003-10 or Executive Order | ||||||
26 | No. 2004-2 or transferred to the Department of Innovation |
| |||||||
| |||||||
1 | and Technology by Executive Order No. 2016-1, or both, and | ||||||
2 | was entitled to eligible creditable service for services | ||||||
3 | immediately preceding the transfer. | ||||||
4 | (d) A security employee of the Department of Corrections | ||||||
5 | or the Department of Juvenile Justice, a security
employee of | ||||||
6 | the Department of Human Services who is not a mental health | ||||||
7 | police
officer, and a security employee of the Department of | ||||||
8 | Innovation and Technology shall not be eligible for the | ||||||
9 | alternative retirement annuity provided
by this Section unless | ||||||
10 | he or she meets the following minimum age and service
| ||||||
11 | requirements at the time of retirement:
| ||||||
12 | (i) 25 years of eligible creditable service and age | ||||||
13 | 55; or
| ||||||
14 | (ii) beginning January 1, 1987, 25 years of eligible | ||||||
15 | creditable service
and age 54, or 24 years of eligible | ||||||
16 | creditable service and age 55; or
| ||||||
17 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
18 | creditable service
and age 53, or 23 years of eligible | ||||||
19 | creditable service and age 55; or
| ||||||
20 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
21 | creditable service
and age 52, or 22 years of eligible | ||||||
22 | creditable service and age 55; or
| ||||||
23 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
24 | creditable service
and age 51, or 21 years of eligible | ||||||
25 | creditable service and age 55; or
| ||||||
26 | (vi) beginning January 1, 1991, 25 years of eligible |
| |||||||
| |||||||
1 | creditable service
and age 50, or 20 years of eligible | ||||||
2 | creditable service and age 55.
| ||||||
3 | Persons who have service credit under Article 16 of this | ||||||
4 | Code for service
as a security employee of the Department of | ||||||
5 | Corrections or the Department of Juvenile Justice, or the | ||||||
6 | Department
of Human Services in a position requiring | ||||||
7 | certification as a teacher may
count such service toward | ||||||
8 | establishing their eligibility under the service
requirements | ||||||
9 | of this Section; but such service may be used only for
| ||||||
10 | establishing such eligibility, and not for the purpose of | ||||||
11 | increasing or
calculating any benefit.
| ||||||
12 | (e) If a member enters military service while working in a | ||||||
13 | position in
which eligible creditable service may be earned, | ||||||
14 | and returns to State
service in the same or another such | ||||||
15 | position, and fulfills in all other
respects the conditions | ||||||
16 | prescribed in this Article for credit for military
service, | ||||||
17 | such military service shall be credited as eligible creditable
| ||||||
18 | service for the purposes of the retirement annuity prescribed | ||||||
19 | in this Section.
| ||||||
20 | (f) For purposes of calculating retirement annuities under | ||||||
21 | this
Section, periods of service rendered after December 31, | ||||||
22 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
23 | position of special agent,
conservation police officer, mental | ||||||
24 | health police officer, or investigator
for the Secretary of | ||||||
25 | State, shall be deemed to have been service as a
noncovered | ||||||
26 | employee, provided that the employee pays to the System prior |
| |||||||
| |||||||
1 | to
retirement an amount equal to (1) the difference between | ||||||
2 | the employee
contributions that would have been required for | ||||||
3 | such service as a
noncovered employee, and the amount of | ||||||
4 | employee contributions actually
paid, plus (2) if payment is | ||||||
5 | made after July 31, 1987, regular interest
on the amount | ||||||
6 | specified in item (1) from the date of service to the date
of | ||||||
7 | payment.
| ||||||
8 | For purposes of calculating retirement annuities under | ||||||
9 | this Section,
periods of service rendered after December 31, | ||||||
10 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
11 | position of investigator for the
Department of Revenue shall | ||||||
12 | be deemed to have been service as a noncovered
employee, | ||||||
13 | provided that the employee pays to the System prior to | ||||||
14 | retirement
an amount equal to (1) the difference between the | ||||||
15 | employee contributions
that would have been required for such | ||||||
16 | service as a noncovered employee,
and the amount of employee | ||||||
17 | contributions actually paid, plus (2) if payment
is made after | ||||||
18 | January 1, 1990, regular interest on the amount specified in
| ||||||
19 | item (1) from the date of service to the date of payment.
| ||||||
20 | (g) A State policeman may elect, not later than January 1, | ||||||
21 | 1990, to
establish eligible creditable service for up to 10 | ||||||
22 | years of his service as
a policeman under Article 3, by filing | ||||||
23 | a written election with the Board,
accompanied by payment of | ||||||
24 | an amount to be determined by the Board, equal to
(i) the | ||||||
25 | difference between the amount of employee and employer
| ||||||
26 | contributions transferred to the System under Section 3-110.5, |
| |||||||
| |||||||
1 | and the
amounts that would have been contributed had such | ||||||
2 | contributions been made
at the rates applicable to State | ||||||
3 | policemen, plus (ii) interest thereon at
the effective rate | ||||||
4 | for each year, compounded annually, from the date of
service | ||||||
5 | to the date of payment.
| ||||||
6 | Subject to the limitation in subsection (i), a State | ||||||
7 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
8 | eligible creditable service for
up to 10 years of his service | ||||||
9 | as a member of the County Police Department
under Article 9, by | ||||||
10 | filing a written election with the Board, accompanied
by | ||||||
11 | payment of an amount to be determined by the Board, equal to | ||||||
12 | (i) the
difference between the amount of employee and employer | ||||||
13 | contributions
transferred to the System under Section 9-121.10 | ||||||
14 | and the amounts that would
have been contributed had those | ||||||
15 | contributions been made at the rates
applicable to State | ||||||
16 | policemen, plus (ii) interest thereon at the effective
rate | ||||||
17 | for each year, compounded annually, from the date of service | ||||||
18 | to the
date of payment.
| ||||||
19 | (h) Subject to the limitation in subsection (i), a State | ||||||
20 | policeman or
investigator for the Secretary of State may elect | ||||||
21 | to establish eligible
creditable service for up to 12 years of | ||||||
22 | his service as a policeman under
Article 5, by filing a written | ||||||
23 | election with the Board on or before January
31, 1992, and | ||||||
24 | paying to the System by January 31, 1994 an amount to be
| ||||||
25 | determined by the Board, equal to (i) the difference between | ||||||
26 | the amount of
employee and employer contributions transferred |
| |||||||
| |||||||
1 | to the System under Section
5-236, and the amounts that would | ||||||
2 | have been contributed had such
contributions been made at the | ||||||
3 | rates applicable to State policemen, plus
(ii) interest | ||||||
4 | thereon at the effective rate for each year, compounded
| ||||||
5 | annually, from the date of service to the date of payment.
| ||||||
6 | Subject to the limitation in subsection (i), a State | ||||||
7 | policeman,
conservation police officer, or investigator for | ||||||
8 | the Secretary of State may
elect to establish eligible | ||||||
9 | creditable service for up to 10 years of
service as a sheriff's | ||||||
10 | law enforcement employee under Article 7, by filing
a written | ||||||
11 | election with the Board on or before January 31, 1993, and | ||||||
12 | paying
to the System by January 31, 1994 an amount to be | ||||||
13 | determined by the Board,
equal to (i) the difference between | ||||||
14 | the amount of employee and
employer contributions transferred | ||||||
15 | to the System under Section
7-139.7, and the amounts that | ||||||
16 | would have been contributed had such
contributions been made | ||||||
17 | at the rates applicable to State policemen, plus
(ii) interest | ||||||
18 | thereon at the effective rate for each year, compounded
| ||||||
19 | annually, from the date of service to the date of payment.
| ||||||
20 | Subject to the limitation in subsection (i), a State | ||||||
21 | policeman,
conservation police officer, or investigator for | ||||||
22 | the Secretary of State may
elect to establish eligible | ||||||
23 | creditable service for up to 5 years of
service as a police | ||||||
24 | officer under Article 3, a policeman under Article 5, a | ||||||
25 | sheriff's law enforcement employee under Article 7, a member | ||||||
26 | of the county police department under Article 9, or a police |
| |||||||
| |||||||
1 | officer under Article 15 by filing
a written election with the | ||||||
2 | Board and paying
to the System an amount to be determined by | ||||||
3 | the Board,
equal to (i) the difference between the amount of | ||||||
4 | employee and
employer contributions transferred to the System | ||||||
5 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
6 | and the amounts that would have been contributed had such
| ||||||
7 | contributions been made at the rates applicable to State | ||||||
8 | policemen, plus
(ii) interest thereon at the effective rate | ||||||
9 | for each year, compounded
annually, from the date of service | ||||||
10 | to the date of payment. | ||||||
11 | Subject to the limitation in subsection (i), an | ||||||
12 | investigator for the Office of the Attorney General, or an | ||||||
13 | investigator for the Department of Revenue, may elect to | ||||||
14 | establish eligible creditable service for up to 5 years of | ||||||
15 | service as a police officer under Article 3, a policeman under | ||||||
16 | Article 5, a sheriff's law enforcement employee under Article | ||||||
17 | 7, or a member of the county police department under Article 9 | ||||||
18 | by filing a written election with the Board within 6 months | ||||||
19 | after August 25, 2009 (the effective date of Public Act | ||||||
20 | 96-745) and paying to the System an amount to be determined by | ||||||
21 | the Board, equal to (i) the difference between the amount of | ||||||
22 | employee and employer contributions transferred to the System | ||||||
23 | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||||||
24 | amounts that would have been contributed had such | ||||||
25 | contributions been made at the rates applicable to State | ||||||
26 | policemen, plus (ii) interest thereon at the actuarially |
| |||||||
| |||||||
1 | assumed rate for each year, compounded annually, from the date | ||||||
2 | of service to the date of payment. | ||||||
3 | Subject to the limitation in subsection (i), a State | ||||||
4 | policeman, conservation police officer, investigator for the | ||||||
5 | Office of the Attorney General, an investigator for the | ||||||
6 | Department of Revenue, or investigator for the Secretary of | ||||||
7 | State may elect to establish eligible creditable service for | ||||||
8 | up to 5 years of service as a person employed by a | ||||||
9 | participating municipality to perform police duties, or law | ||||||
10 | enforcement officer employed on a full-time basis by a forest | ||||||
11 | preserve district under Article 7, a county corrections | ||||||
12 | officer, or a court services officer under Article 9, by | ||||||
13 | filing a written election with the Board within 6 months after | ||||||
14 | August 25, 2009 (the effective date of Public Act 96-745) and | ||||||
15 | paying to the System an amount to be determined by the Board, | ||||||
16 | equal to (i) the difference between the amount of employee and | ||||||
17 | employer contributions transferred to the System under | ||||||
18 | Sections 7-139.8 and 9-121.10 and the amounts that would have | ||||||
19 | been contributed had such contributions been made at the rates | ||||||
20 | applicable to State policemen, plus (ii) interest thereon at | ||||||
21 | the actuarially assumed rate for each year, compounded | ||||||
22 | annually, from the date of service to the date of payment. | ||||||
23 | Subject to the limitation in subsection (i), a State | ||||||
24 | policeman, arson
investigator, or Commerce Commission police | ||||||
25 | officer may elect to establish eligible creditable service for | ||||||
26 | up to 5 years of service as a person employed by a |
| |||||||
| |||||||
1 | participating municipality to perform police duties under | ||||||
2 | Article 7, a county corrections officer, a court services | ||||||
3 | officer under Article 9, or a firefighter
under Article 4 by | ||||||
4 | filing a written election with the Board within 6 months after | ||||||
5 | the effective date of this amendatory Act of the 102nd General | ||||||
6 | Assembly and paying to the System an amount to be determined by | ||||||
7 | the Board equal to (i) the difference between the amount of | ||||||
8 | employee and employer contributions transferred to the System | ||||||
9 | under Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts | ||||||
10 | that would have been contributed had such contributions been | ||||||
11 | made at the rates applicable to State policemen, plus (ii) | ||||||
12 | interest thereon at the actuarially assumed rate for each | ||||||
13 | year, compounded annually, from the date of service to the | ||||||
14 | date of payment. | ||||||
15 | Subject to the limitation in subsection (i), a | ||||||
16 | conservation police officer may elect to establish eligible | ||||||
17 | creditable service for up to 5 years of service as a person | ||||||
18 | employed by a participating municipality to perform police | ||||||
19 | duties under Article 7, a county corrections officer, or a | ||||||
20 | court services officer under Article 9 by filing a written | ||||||
21 | election with the Board within 6 months after the effective | ||||||
22 | date of this amendatory Act of the 102nd General Assembly and | ||||||
23 | paying to the System an amount to be determined by the Board | ||||||
24 | equal to (i) the difference between the amount of employee and | ||||||
25 | employer contributions transferred to the System under | ||||||
26 | Sections 7-139.8 and 9-121.10 and the amounts that would have |
| |||||||
| |||||||
1 | been contributed had such contributions been made at the rates | ||||||
2 | applicable to State policemen, plus (ii) interest thereon at | ||||||
3 | the actuarially assumed rate for each year, compounded | ||||||
4 | annually, from the date of service to the date of payment. | ||||||
5 | Notwithstanding the limitation in subsection (i), a State | ||||||
6 | policeman or conservation police officer may elect to convert | ||||||
7 | service credit earned under this Article to eligible | ||||||
8 | creditable service, as defined by this Section, by filing a | ||||||
9 | written election with the board within 6 months after the | ||||||
10 | effective date of this amendatory Act of the 102nd General | ||||||
11 | Assembly and paying to the System an amount to be determined by | ||||||
12 | the Board equal to (i) the difference between the amount of | ||||||
13 | employee contributions originally paid for that service and | ||||||
14 | the amounts that would have been contributed had such | ||||||
15 | contributions been made at the rates applicable to State | ||||||
16 | policemen, plus (ii) the difference between the employer's | ||||||
17 | normal cost of the credit prior to the conversion authorized | ||||||
18 | by this amendatory Act of the 102nd General Assembly and the | ||||||
19 | employer's normal cost of the credit converted in accordance | ||||||
20 | with this amendatory Act of the 102nd General Assembly, plus | ||||||
21 | (iii) interest thereon at the actuarially assumed rate for | ||||||
22 | each year, compounded annually, from the date of service to | ||||||
23 | the date of payment. | ||||||
24 | (i) The total amount of eligible creditable service | ||||||
25 | established by any
person under subsections (g), (h), (j), | ||||||
26 | (k), (l), (l-5), and (o) of this
Section shall not exceed 12 |
| |||||||
| |||||||
1 | years.
| ||||||
2 | (j) Subject to the limitation in subsection (i), an | ||||||
3 | investigator for
the Office of the State's Attorneys Appellate | ||||||
4 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
5 | establish eligible creditable service for up to 10 years of | ||||||
6 | his service as
a policeman under Article 3 or a sheriff's law | ||||||
7 | enforcement employee under
Article 7, by filing a written | ||||||
8 | election with the Board, accompanied by
payment of an amount | ||||||
9 | to be determined by the Board, equal to (1) the
difference | ||||||
10 | between the amount of employee and employer contributions
| ||||||
11 | transferred to the System under Section 3-110.6 or 7-139.8, | ||||||
12 | and the amounts
that would have been contributed had such | ||||||
13 | contributions been made at the
rates applicable to State | ||||||
14 | policemen, plus (2) interest thereon at the
effective rate for | ||||||
15 | each year, compounded annually, from the date of service
to | ||||||
16 | the date of payment.
| ||||||
17 | (k) Subject to the limitation in subsection (i) of this | ||||||
18 | Section, an
alternative formula employee may elect to | ||||||
19 | establish eligible creditable
service for periods spent as a | ||||||
20 | full-time law enforcement officer or full-time
corrections | ||||||
21 | officer employed by the federal government or by a state or | ||||||
22 | local
government located outside of Illinois, for which credit | ||||||
23 | is not held in any
other public employee pension fund or | ||||||
24 | retirement system. To obtain this
credit, the applicant must | ||||||
25 | file a written application with the Board by March
31, 1998, | ||||||
26 | accompanied by evidence of eligibility acceptable to the Board |
| |||||||
| |||||||
1 | and
payment of an amount to be determined by the Board, equal | ||||||
2 | to (1) employee
contributions for the credit being | ||||||
3 | established, based upon the applicant's
salary on the first | ||||||
4 | day as an alternative formula employee after the employment
| ||||||
5 | for which credit is being established and the rates then | ||||||
6 | applicable to
alternative formula employees, plus (2) an | ||||||
7 | amount determined by the Board
to be the employer's normal | ||||||
8 | cost of the benefits accrued for the credit being
established, | ||||||
9 | plus (3) regular interest on the amounts in items (1) and (2) | ||||||
10 | from
the first day as an alternative formula employee after | ||||||
11 | the employment for which
credit is being established to the | ||||||
12 | date of payment.
| ||||||
13 | (l) Subject to the limitation in subsection (i), a | ||||||
14 | security employee of
the Department of Corrections may elect, | ||||||
15 | not later than July 1, 1998, to
establish eligible creditable | ||||||
16 | service for up to 10 years of his or her service
as a policeman | ||||||
17 | under Article 3, by filing a written election with the Board,
| ||||||
18 | accompanied by payment of an amount to be determined by the | ||||||
19 | Board, equal to
(i) the difference between the amount of | ||||||
20 | employee and employer contributions
transferred to the System | ||||||
21 | under Section 3-110.5, and the amounts that would
have been | ||||||
22 | contributed had such contributions been made at the rates | ||||||
23 | applicable
to security employees of the Department of | ||||||
24 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
25 | for each year, compounded annually, from the date
of service | ||||||
26 | to the date of payment.
|
| |||||||
| |||||||
1 | (l-5) Subject to the limitation in subsection (i) of this | ||||||
2 | Section, a State policeman may elect to establish eligible | ||||||
3 | creditable service for up to 5 years of service as a full-time | ||||||
4 | law enforcement officer employed by the federal government or | ||||||
5 | by a state or local government located outside of Illinois for | ||||||
6 | which credit is not held in any other public employee pension | ||||||
7 | fund or retirement system. To obtain this credit, the | ||||||
8 | applicant must file a written application with the Board no | ||||||
9 | later than 3 years after the effective date of this amendatory | ||||||
10 | Act of the 101st General Assembly, accompanied by evidence of | ||||||
11 | eligibility acceptable to the Board and payment of an amount | ||||||
12 | to be determined by the Board, equal to (1) employee | ||||||
13 | contributions for the credit being established, based upon the | ||||||
14 | applicant's salary on the first day as an alternative formula | ||||||
15 | employee after the employment for which credit is being | ||||||
16 | established and the rates then applicable to alternative | ||||||
17 | formula employees, plus (2) an amount determined by the Board | ||||||
18 | to be the employer's normal cost of the benefits accrued for | ||||||
19 | the credit being established, plus (3) regular interest on the | ||||||
20 | amounts in items (1) and (2) from the first day as an | ||||||
21 | alternative formula employee after the employment for which | ||||||
22 | credit is being established to the date of payment. | ||||||
23 | (m) The amendatory changes to this Section made by this | ||||||
24 | amendatory Act of the 94th General Assembly apply only to: (1) | ||||||
25 | security employees of the Department of Juvenile Justice | ||||||
26 | employed by the Department of Corrections before the effective |
| |||||||
| |||||||
1 | date of this amendatory Act of the 94th General Assembly and | ||||||
2 | transferred to the Department of Juvenile Justice by this | ||||||
3 | amendatory Act of the 94th General Assembly; and (2) persons | ||||||
4 | employed by the Department of Juvenile Justice on or after the | ||||||
5 | effective date of this amendatory Act of the 94th General | ||||||
6 | Assembly who are required by subsection (b) of Section | ||||||
7 | 3-2.5-15 of the Unified Code of Corrections to have any | ||||||
8 | bachelor's or advanced degree from an accredited college or | ||||||
9 | university or, in the case of persons who provide vocational | ||||||
10 | training, who are required to have adequate knowledge in the | ||||||
11 | skill for which they are providing the vocational training.
| ||||||
12 | (n) A person employed in a position under subsection (b) | ||||||
13 | of this Section who has purchased service credit under | ||||||
14 | subsection (j) of Section 14-104 or subsection (b) of Section | ||||||
15 | 14-105 in any other capacity under this Article may convert up | ||||||
16 | to 5 years of that service credit into service credit covered | ||||||
17 | under this Section by paying to the Fund an amount equal to (1) | ||||||
18 | the additional employee contribution required under Section | ||||||
19 | 14-133, plus (2) the additional employer contribution required | ||||||
20 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
21 | the actuarially assumed rate from the date of the service to | ||||||
22 | the date of payment. | ||||||
23 | (o) Subject to the limitation in subsection (i), a | ||||||
24 | conservation police officer, investigator for the Secretary of | ||||||
25 | State, Commerce Commission police officer, investigator for | ||||||
26 | the Department of Revenue or the
Illinois Gaming Board, or |
| |||||||
| |||||||
1 | arson investigator subject to subsection (g) of Section 1-160 | ||||||
2 | may elect to convert up to 8 years of service credit | ||||||
3 | established before the effective date of this amendatory Act | ||||||
4 | of the 101st General Assembly as a conservation police | ||||||
5 | officer, investigator for the Secretary of State, Commerce | ||||||
6 | Commission police officer, investigator for the Department of | ||||||
7 | Revenue or the
Illinois Gaming Board, or arson investigator | ||||||
8 | under this Article into eligible creditable service by filing | ||||||
9 | a written election with the Board no later than one year after | ||||||
10 | the effective date of this amendatory Act of the 101st General | ||||||
11 | Assembly, accompanied by payment of an amount to be determined | ||||||
12 | by the Board equal to (i) the difference between the amount of | ||||||
13 | the employee contributions actually paid for that service and | ||||||
14 | the amount of the employee contributions that would have been | ||||||
15 | paid had the employee contributions been made as a noncovered | ||||||
16 | employee serving in a position in which eligible creditable | ||||||
17 | service, as defined in this Section, may be earned, plus (ii) | ||||||
18 | interest thereon at the effective rate for each year, | ||||||
19 | compounded annually, from the date of service to the date of | ||||||
20 | payment. | ||||||
21 | (Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18; | ||||||
22 | 101-610, eff. 1-1-20.)
| ||||||
23 | (40 ILCS 5/14-152.1) | ||||||
24 | Sec. 14-152.1. Application and expiration of new benefit | ||||||
25 | increases. |
| |||||||
| |||||||
1 | (a) As used in this Section, "new benefit increase" means | ||||||
2 | an increase in the amount of any benefit provided under this | ||||||
3 | Article, or an expansion of the conditions of eligibility for | ||||||
4 | any benefit under this Article, that results from an amendment | ||||||
5 | to this Code that takes effect after June 1, 2005 (the | ||||||
6 | effective date of Public Act 94-4). "New benefit increase", | ||||||
7 | however, does not include any benefit increase resulting from | ||||||
8 | the changes made to Article 1 or this Article by Public Act | ||||||
9 | 96-37, Public Act 100-23, Public Act 100-587, Public Act | ||||||
10 | 100-611, Public Act 101-10, Public Act 101-610, or this | ||||||
11 | amendatory Act of the 102nd General Assembly or this | ||||||
12 | amendatory Act of the 101st General Assembly .
| ||||||
13 | (b) Notwithstanding any other provision of this Code or | ||||||
14 | any subsequent amendment to this Code, every new benefit | ||||||
15 | increase is subject to this Section and shall be deemed to be | ||||||
16 | granted only in conformance with and contingent upon | ||||||
17 | compliance with the provisions of this Section.
| ||||||
18 | (c) The Public Act enacting a new benefit increase must | ||||||
19 | identify and provide for payment to the System of additional | ||||||
20 | funding at least sufficient to fund the resulting annual | ||||||
21 | increase in cost to the System as it accrues. | ||||||
22 | Every new benefit increase is contingent upon the General | ||||||
23 | Assembly providing the additional funding required under this | ||||||
24 | subsection. The Commission on Government Forecasting and | ||||||
25 | Accountability shall analyze whether adequate additional | ||||||
26 | funding has been provided for the new benefit increase and |
| |||||||
| |||||||
1 | shall report its analysis to the Public Pension Division of | ||||||
2 | the Department of Insurance. A new benefit increase created by | ||||||
3 | a Public Act that does not include the additional funding | ||||||
4 | required under this subsection is null and void. If the Public | ||||||
5 | Pension Division determines that the additional funding | ||||||
6 | provided for a new benefit increase under this subsection is | ||||||
7 | or has become inadequate, it may so certify to the Governor and | ||||||
8 | the State Comptroller and, in the absence of corrective action | ||||||
9 | by the General Assembly, the new benefit increase shall expire | ||||||
10 | at the end of the fiscal year in which the certification is | ||||||
11 | made.
| ||||||
12 | (d) Every new benefit increase shall expire 5 years after | ||||||
13 | its effective date or on such earlier date as may be specified | ||||||
14 | in the language enacting the new benefit increase or provided | ||||||
15 | under subsection (c). This does not prevent the General | ||||||
16 | Assembly from extending or re-creating a new benefit increase | ||||||
17 | by law. | ||||||
18 | (e) Except as otherwise provided in the language creating | ||||||
19 | the new benefit increase, a new benefit increase that expires | ||||||
20 | under this Section continues to apply to persons who applied | ||||||
21 | and qualified for the affected benefit while the new benefit | ||||||
22 | increase was in effect and to the affected beneficiaries and | ||||||
23 | alternate payees of such persons, but does not apply to any | ||||||
24 | other person, including, without limitation, a person who | ||||||
25 | continues in service after the expiration date and did not | ||||||
26 | apply and qualify for the affected benefit while the new |
| |||||||
| |||||||
1 | benefit increase was in effect.
| ||||||
2 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
3 | 100-611, eff. 7-20-18; 101-10, eff. 6-5-19; 101-81, eff. | ||||||
4 | 7-12-19; 101-610, eff. 1-1-20.)
| ||||||
5 | Article 65. | ||||||
6 | Section 65-5. The Illinois Pension Code is amended by | ||||||
7 | changing Section 17-147 as follows:
| ||||||
8 | (40 ILCS 5/17-147) (from Ch. 108 1/2, par. 17-147)
| ||||||
9 | Sec. 17-147. Custody of Fund; bonds; legal Fund - Bonds - | ||||||
10 | Legal proceedings. The
city treasurer, ex officio
ex-officio , | ||||||
11 | shall be the custodian of the Fund,
and shall secure and safely | ||||||
12 | keep it, subject to the control and
direction of the Board. The | ||||||
13 | city treasurer He shall keep the his books and accounts
| ||||||
14 | concerning
the Fund in the manner prescribed by the Board. The
| ||||||
15 | books and accounts
shall always be subject to the inspection | ||||||
16 | of the Board or any
member
thereof. The city treasurer shall be | ||||||
17 | liable on the city treasurer's his official bond for the
| ||||||
18 | proper performance of his duties and the conservation of the | ||||||
19 | Fund.
| ||||||
20 | Payments from the Fund shall be made upon checks or | ||||||
21 | through direct deposit transmittals authorized warrants signed | ||||||
22 | by the
president and the secretary of the Board of Education, | ||||||
23 | the president of
the Board, and countersigned by the executive |
| |||||||
| |||||||
1 | director or
by such person as the Board may designate from time | ||||||
2 | to time
by appropriate resolution.
| ||||||
3 | Neither the treasurer nor any other officer having the | ||||||
4 | custody of the
Fund is entitled to retain any interest | ||||||
5 | accruing thereon, but such
interest shall accrue and inure to | ||||||
6 | the benefit of such Fund,
become a
part thereof, subject to the | ||||||
7 | purposes of this Article.
| ||||||
8 | Any legal proceedings necessary for the enforcement of the | ||||||
9 | provisions
of this Article shall be brought by and in the name | ||||||
10 | of the Board of the Fund.
| ||||||
11 | (Source: P.A. 90-566, eff. 1-2-98.)
| ||||||
12 | Article 70. | ||||||
13 | Section 70-5. The Illinois Pension Code is amended by | ||||||
14 | changing Section 16-106 as follows:
| ||||||
15 | (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
| ||||||
16 | Sec. 16-106. Teacher. "Teacher": The following | ||||||
17 | individuals, provided
that, for employment prior to July 1, | ||||||
18 | 1990, they are employed on a
full-time basis, or if not | ||||||
19 | full-time, on a permanent and continuous basis
in a position | ||||||
20 | in which services are expected to be rendered for at least
one | ||||||
21 | school term:
| ||||||
22 | (1) Any educational, administrative, professional or | ||||||
23 | other staff employed
in the public common schools included |
| |||||||
| |||||||
1 | within this system in a position
requiring certification | ||||||
2 | under the law governing the certification of
teachers;
| ||||||
3 | (2) Any educational, administrative, professional or | ||||||
4 | other staff employed
in any facility of the Department of | ||||||
5 | Children and Family Services or the
Department of Human | ||||||
6 | Services, in a position requiring certification under
the | ||||||
7 | law governing the certification of teachers, and any | ||||||
8 | person who (i)
works in such a position for the Department | ||||||
9 | of Corrections, (ii) was a member
of this System on May 31, | ||||||
10 | 1987, and (iii) did not elect to become a member of
the | ||||||
11 | State Employees' Retirement System pursuant to Section | ||||||
12 | 14-108.2 of this
Code; except that "teacher" does not | ||||||
13 | include any person who (A) becomes
a security employee of | ||||||
14 | the Department of Human Services, as defined in
Section | ||||||
15 | 14-110, after June 28, 2001 (the effective date of Public | ||||||
16 | Act
92-14), or (B) becomes a member of the State | ||||||
17 | Employees'
Retirement System pursuant to Section 14-108.2c | ||||||
18 | of this Code;
| ||||||
19 | (3) Any regional superintendent of schools, assistant | ||||||
20 | regional
superintendent of schools, State Superintendent | ||||||
21 | of Education; any person
employed by the State Board of | ||||||
22 | Education as an executive; any executive of
the boards | ||||||
23 | engaged in the service of public common school education | ||||||
24 | in
school districts covered under this system of which the | ||||||
25 | State
Superintendent of Education is an ex-officio member;
| ||||||
26 | (4) Any employee of a school board association |
| |||||||
| |||||||
1 | operating in compliance
with Article 23 of the School Code | ||||||
2 | who is certificated under the law
governing the | ||||||
3 | certification of teachers, provided that he or she becomes | ||||||
4 | such an employee before the effective date of this | ||||||
5 | amendatory Act of the 99th General Assembly;
| ||||||
6 | (5) Any person employed by the retirement system
who:
| ||||||
7 | (i) was an employee of and a participant in the | ||||||
8 | system on August 17,
2001 (the effective date of | ||||||
9 | Public Act 92-416), or
| ||||||
10 | (ii) becomes an employee of the system on or after | ||||||
11 | August 17, 2001;
| ||||||
12 | (6) Any educational, administrative, professional or | ||||||
13 | other staff
employed by and under the supervision and | ||||||
14 | control of a regional
superintendent of schools or the | ||||||
15 | chief administrative officer of the education service | ||||||
16 | centers established under Section 2-3.62 of the School | ||||||
17 | Code and serving that portion of a Class II county outside | ||||||
18 | a city of 500,000 or more inhabitants , provided such | ||||||
19 | employment position requires the
person to be certificated | ||||||
20 | under the law governing the certification of
teachers and | ||||||
21 | is in an educational program serving 2 or more districts | ||||||
22 | in
accordance with a joint agreement authorized by the | ||||||
23 | School Code or by federal
legislation;
| ||||||
24 | (7) Any educational, administrative, professional or | ||||||
25 | other staff employed
in an educational program serving 2 | ||||||
26 | or more school districts in accordance
with a joint |
| |||||||
| |||||||
1 | agreement authorized by the School Code or by federal
| ||||||
2 | legislation and in a position requiring certification | ||||||
3 | under the laws
governing the certification of teachers;
| ||||||
4 | (8) Any officer or employee of a statewide teacher | ||||||
5 | organization or
officer of a national teacher organization | ||||||
6 | who is certified under the law
governing certification of | ||||||
7 | teachers, provided: (i) the individual had
previously | ||||||
8 | established creditable service under this Article, (ii) | ||||||
9 | the
individual files with the system an irrevocable | ||||||
10 | election to become a member before the effective date of | ||||||
11 | this amendatory Act of the 97th General Assembly,
(iii) | ||||||
12 | the individual does not receive credit for such service | ||||||
13 | under any
other Article of this Code, and (iv) the | ||||||
14 | individual first became an officer or employee of the | ||||||
15 | teacher organization and becomes a member before the | ||||||
16 | effective date of this amendatory Act of the 97th General | ||||||
17 | Assembly;
| ||||||
18 | (9) Any educational, administrative, professional, or | ||||||
19 | other staff
employed in a charter school operating in | ||||||
20 | compliance with the Charter
Schools Law who is | ||||||
21 | certificated under the law governing the certification
of | ||||||
22 | teachers;
| ||||||
23 | (10) Any person employed, on the effective date of | ||||||
24 | this amendatory Act of the 94th General Assembly, by the | ||||||
25 | Macon-Piatt Regional Office of Education in a | ||||||
26 | birth-through-age-three pilot program receiving funds |
| |||||||
| |||||||
1 | under Section 2-389 of the School Code who is required by | ||||||
2 | the Macon-Piatt Regional Office of Education to hold a | ||||||
3 | teaching certificate, provided that the Macon-Piatt | ||||||
4 | Regional Office of Education makes an election, within 6 | ||||||
5 | months after the effective date of this amendatory Act of | ||||||
6 | the 94th General Assembly, to have the person participate | ||||||
7 | in the system. Any service established prior to the | ||||||
8 | effective date of this amendatory Act of the 94th General | ||||||
9 | Assembly for service as an employee of the Macon-Piatt | ||||||
10 | Regional Office of Education in a birth-through-age-three | ||||||
11 | pilot program receiving funds under Section 2-389 of the | ||||||
12 | School Code shall be considered service as a teacher if | ||||||
13 | employee and employer contributions have been received by | ||||||
14 | the system and the system has not refunded those | ||||||
15 | contributions.
| ||||||
16 | An annuitant receiving a retirement annuity under this | ||||||
17 | Article who is employed by a board of education
or other | ||||||
18 | employer as permitted under Section 16-118
or 16-150.1 is not | ||||||
19 | a "teacher" for purposes of this Article. A person who
has | ||||||
20 | received a single-sum retirement benefit under Section | ||||||
21 | 16-136.4 of this
Article is not a "teacher" for purposes of | ||||||
22 | this Article. For purposes of this Article, "teacher" does not | ||||||
23 | include a person employed by an entity that provides | ||||||
24 | substitute teaching services under Section 2-3.173 of the | ||||||
25 | School Code and is not a school district.
| ||||||
26 | (Source: P.A. 100-813, eff. 8-13-18; 101-502, eff. 8-23-19.)
|
| |||||||
| |||||||
1 | Article 75. | ||||||
2 | Section 75-5. The State Employees Group Insurance Act of | ||||||
3 | 1971 is amended by changing Section 6.5 as follows:
| ||||||
4 | (5 ILCS 375/6.5)
| ||||||
5 | Sec. 6.5. Health benefits for TRS benefit recipients and | ||||||
6 | TRS dependent
beneficiaries. | ||||||
7 | (a) Purpose. It is the purpose of this amendatory Act of | ||||||
8 | 1995 to transfer
the administration of the program of health | ||||||
9 | benefits established for benefit
recipients and their | ||||||
10 | dependent beneficiaries under Article 16 of the Illinois
| ||||||
11 | Pension Code to the Department of Central Management Services.
| ||||||
12 | (b) Transition provisions. The Board of Trustees of the | ||||||
13 | Teachers'
Retirement System shall continue to administer the | ||||||
14 | health benefit program
established under Article 16 of the | ||||||
15 | Illinois Pension Code through December 31,
1995. Beginning | ||||||
16 | January 1, 1996, the Department of Central Management Services
| ||||||
17 | shall be responsible for administering a program of health | ||||||
18 | benefits for TRS
benefit recipients and TRS dependent | ||||||
19 | beneficiaries under this Section.
The Department of Central | ||||||
20 | Management Services and the Teachers' Retirement
System shall | ||||||
21 | cooperate in this endeavor and shall coordinate their | ||||||
22 | activities
so as to ensure a smooth transition and | ||||||
23 | uninterrupted health benefit coverage.
|
| |||||||
| |||||||
1 | (c) Eligibility. All persons who were enrolled in the | ||||||
2 | Article 16 program at
the time of the transfer shall be | ||||||
3 | eligible to participate in the program
established under this | ||||||
4 | Section without any interruption or delay in coverage
or | ||||||
5 | limitation as to pre-existing medical conditions. Eligibility | ||||||
6 | to
participate shall be determined by the Teachers' Retirement | ||||||
7 | System.
Eligibility information shall be communicated to the | ||||||
8 | Department of Central
Management Services in a format | ||||||
9 | acceptable to the Department.
| ||||||
10 | Eligible TRS benefit recipients may enroll or re-enroll in | ||||||
11 | the program of health benefits established under this Section | ||||||
12 | during any applicable annual open enrollment period and as | ||||||
13 | otherwise permitted by the Department of Central Management | ||||||
14 | Services. A TRS benefit recipient shall not be deemed | ||||||
15 | ineligible to participate solely by reason of the TRS benefit | ||||||
16 | recipient having made a previous election to disenroll or | ||||||
17 | otherwise not participate in the program of health benefits. | ||||||
18 | A TRS dependent beneficiary who is a child age 19 or over | ||||||
19 | and
mentally or physically disabled does not become ineligible | ||||||
20 | to participate
by reason of (i) becoming ineligible to be | ||||||
21 | claimed as a dependent for Illinois
or federal income tax | ||||||
22 | purposes or (ii) receiving earned income, so long as
those | ||||||
23 | earnings are insufficient for the child to be fully | ||||||
24 | self-sufficient.
| ||||||
25 | (d) Coverage. The level of health benefits provided under | ||||||
26 | this Section
shall be similar to the level of benefits |
| |||||||
| |||||||
1 | provided by the
program previously established under Article | ||||||
2 | 16 of the Illinois Pension Code.
| ||||||
3 | Group life insurance benefits are not included in the | ||||||
4 | benefits
to be provided to TRS benefit recipients and TRS | ||||||
5 | dependent beneficiaries under
this Act.
| ||||||
6 | The program of health benefits under this Section may | ||||||
7 | include any or all of
the benefit limitations, including but | ||||||
8 | not limited to a reduction in benefits
based on eligibility | ||||||
9 | for federal Medicare benefits, that are provided under
| ||||||
10 | subsection (a) of Section 6 of this Act for other health | ||||||
11 | benefit programs under
this Act.
| ||||||
12 | (e) Insurance rates and premiums. The Director shall | ||||||
13 | determine the
insurance rates and premiums for TRS benefit | ||||||
14 | recipients and TRS dependent
beneficiaries,
and shall present | ||||||
15 | to the Teachers' Retirement System of
the State of Illinois, | ||||||
16 | by April 15 of each calendar year, the rate-setting
| ||||||
17 | methodology (including but not limited to utilization levels | ||||||
18 | and costs) used
to determine the amount of the health care | ||||||
19 | premiums.
| ||||||
20 | For Fiscal Year 1996, the premium shall be equal to | ||||||
21 | the premium actually
charged in Fiscal Year 1995; in | ||||||
22 | subsequent years, the premium shall
never be lower than | ||||||
23 | the premium charged in Fiscal Year 1995. | ||||||
24 | For Fiscal Year
2003, the premium shall not exceed | ||||||
25 | 110% of the premium actually charged in
Fiscal Year 2002. | ||||||
26 | For Fiscal Year 2004, the premium shall not exceed |
| |||||||
| |||||||
1 | 112% of
the premium actually charged in Fiscal Year 2003.
| ||||||
2 | For Fiscal Year 2005, the premium shall not exceed a | ||||||
3 | weighted average of 106.6% of
the premium actually charged | ||||||
4 | in Fiscal Year 2004.
| ||||||
5 | For Fiscal Year 2006, the premium shall not exceed a | ||||||
6 | weighted average of 109.1% of
the premium actually charged | ||||||
7 | in Fiscal Year 2005.
| ||||||
8 | For Fiscal Year 2007, the premium shall not exceed a | ||||||
9 | weighted average of 103.9% of
the premium actually charged | ||||||
10 | in Fiscal Year 2006.
| ||||||
11 | For Fiscal Year 2008 and thereafter, the premium in | ||||||
12 | each fiscal year shall not exceed 105% of
the premium | ||||||
13 | actually charged in the previous fiscal year.
| ||||||
14 | Rates and premiums may be based in part on age and | ||||||
15 | eligibility for federal
medicare coverage. However, the cost | ||||||
16 | of participation for a TRS dependent
beneficiary who is an | ||||||
17 | unmarried child age 19 or over and mentally or physically
| ||||||
18 | disabled shall not exceed the cost for a TRS dependent | ||||||
19 | beneficiary who is
an unmarried child under age 19 and | ||||||
20 | participates in the same major medical or
managed care | ||||||
21 | program.
| ||||||
22 | The cost of health benefits under the program shall be | ||||||
23 | paid as follows:
| ||||||
24 | (1) For a TRS benefit recipient selecting a managed | ||||||
25 | care program, up to
75% of the total insurance rate shall | ||||||
26 | be paid from the Teacher Health Insurance
Security Fund. |
| |||||||
| |||||||
1 | Effective with Fiscal Year 2007 and thereafter, for a TRS | ||||||
2 | benefit recipient selecting a managed care program, 75% of | ||||||
3 | the total insurance rate shall be paid from the Teacher | ||||||
4 | Health Insurance
Security Fund.
| ||||||
5 | (2) For a TRS benefit recipient selecting the major | ||||||
6 | medical coverage
program, up to 50% of the total insurance | ||||||
7 | rate shall be paid from the Teacher
Health Insurance | ||||||
8 | Security Fund if a managed care program is accessible, as
| ||||||
9 | determined by the Teachers' Retirement System. Effective | ||||||
10 | with Fiscal Year 2007 and thereafter, for a TRS benefit | ||||||
11 | recipient selecting the major medical coverage
program, | ||||||
12 | 50% of the total insurance rate shall be paid from the | ||||||
13 | Teacher
Health Insurance Security Fund if a managed care | ||||||
14 | program is accessible, as
determined by the Department of | ||||||
15 | Central Management Services.
| ||||||
16 | (3) For a TRS benefit recipient selecting the major | ||||||
17 | medical coverage
program, up to 75% of the total insurance | ||||||
18 | rate shall be paid from the Teacher
Health Insurance | ||||||
19 | Security Fund if a managed care program is not accessible, | ||||||
20 | as
determined by the Teachers' Retirement System. | ||||||
21 | Effective with Fiscal Year 2007 and thereafter, for a TRS | ||||||
22 | benefit recipient selecting the major medical coverage
| ||||||
23 | program, 75% of the total insurance rate shall be paid | ||||||
24 | from the Teacher
Health Insurance Security Fund if a | ||||||
25 | managed care program is not accessible, as
determined by | ||||||
26 | the Department of Central Management Services.
|
| |||||||
| |||||||
1 | (3.1) For a TRS dependent beneficiary who is Medicare | ||||||
2 | primary and enrolled in a managed care plan, or the major | ||||||
3 | medical coverage program if a managed care plan is not | ||||||
4 | available, 25% of the total insurance rate shall be paid | ||||||
5 | from the Teacher Health Security Fund as determined by the | ||||||
6 | Department of Central Management Services. For the purpose | ||||||
7 | of this item (3.1), the term "TRS dependent beneficiary | ||||||
8 | who is Medicare primary" means a TRS dependent beneficiary | ||||||
9 | who is participating in Medicare Parts A and B.
| ||||||
10 | (4) Except as otherwise provided in item (3.1), the
| ||||||
11 | balance of the rate of insurance, including the entire | ||||||
12 | premium of
any coverage for TRS dependent beneficiaries | ||||||
13 | that has been elected, shall be
paid
by deductions | ||||||
14 | authorized by the TRS benefit recipient to be withheld | ||||||
15 | from his
or her monthly annuity or benefit payment from | ||||||
16 | the Teachers' Retirement System;
except that (i) if the | ||||||
17 | balance of the cost of coverage exceeds the amount of
the | ||||||
18 | monthly annuity or benefit payment, the difference shall | ||||||
19 | be paid directly
to the Teachers' Retirement System by the | ||||||
20 | TRS benefit recipient, and (ii) all
or part of the balance | ||||||
21 | of the cost of coverage may, at the school board's
option, | ||||||
22 | be paid to the Teachers' Retirement System by the school | ||||||
23 | board of the
school district from which the TRS benefit | ||||||
24 | recipient retired, in accordance
with Section 10-22.3b of | ||||||
25 | the School Code. The Teachers' Retirement System
shall | ||||||
26 | promptly deposit all moneys withheld by or paid to it |
| |||||||
| |||||||
1 | under this
subdivision (e)(4) into the Teacher Health | ||||||
2 | Insurance Security Fund. These
moneys shall not be | ||||||
3 | considered assets of the Retirement System.
| ||||||
4 | (5) If, for any month beginning on or after January 1, | ||||||
5 | 2013, a TRS benefit recipient or TRS dependent beneficiary | ||||||
6 | was enrolled in Medicare Parts A and B and such Medicare | ||||||
7 | coverage was primary to coverage under this Section but | ||||||
8 | payment for coverage under this Section was made at a rate | ||||||
9 | greater than the Medicare primary rate published by the | ||||||
10 | Department of Central Management Services, the TRS benefit | ||||||
11 | recipient or TRS dependent beneficiary shall be eligible | ||||||
12 | for a refund equal to the difference between the amount | ||||||
13 | paid by the TRS benefit recipient or TRS dependent | ||||||
14 | beneficiary and the published Medicare primary rate. To | ||||||
15 | receive a refund pursuant to this subsection, the TRS | ||||||
16 | benefit recipient or TRS dependent beneficiary must | ||||||
17 | provide documentation to the Department of Central | ||||||
18 | Management Services evidencing the TRS benefit recipient's | ||||||
19 | or TRS dependent beneficiary's Medicare coverage and the | ||||||
20 | amount paid by the TRS benefit recipient or TRS dependent | ||||||
21 | beneficiary during the applicable time period. If in any | ||||||
22 | case an error is made in billing a TRS benefit recipient | ||||||
23 | under this Section, the Department shall identify the | ||||||
24 | error and refund the overpaid amount as soon as | ||||||
25 | practicable. A TRS benefit recipient who has overpaid | ||||||
26 | under this Section shall be entitled to a refund of |
| |||||||
| |||||||
1 | overpayments for up to 7 years of past payments. | ||||||
2 | (f) Financing. Beginning July 1, 1995, all revenues | ||||||
3 | arising from the
administration of the health benefit programs | ||||||
4 | established under Article 16 of
the Illinois Pension Code or | ||||||
5 | this Section shall be deposited into the
Teacher Health | ||||||
6 | Insurance Security Fund, which is hereby created as a
| ||||||
7 | nonappropriated trust fund to be held outside the State | ||||||
8 | Treasury, with the
State Treasurer as custodian. Any interest | ||||||
9 | earned on moneys in the Teacher
Health Insurance Security Fund | ||||||
10 | shall be deposited into the Fund.
| ||||||
11 | Moneys in the Teacher Health Insurance Security
Fund shall | ||||||
12 | be used only to pay the costs of the health benefit program
| ||||||
13 | established under this Section, including associated | ||||||
14 | administrative costs, and
the costs associated with the health | ||||||
15 | benefit program established under Article
16 of the Illinois | ||||||
16 | Pension Code, as authorized in this Section. Beginning
July 1, | ||||||
17 | 1995, the Department of Central Management Services may make
| ||||||
18 | expenditures from the Teacher Health Insurance Security Fund | ||||||
19 | for those costs.
| ||||||
20 | After other funds authorized for the payment of the costs | ||||||
21 | of the health
benefit program established under Article 16 of | ||||||
22 | the Illinois Pension Code are
exhausted and until January 1, | ||||||
23 | 1996 (or such later date as may be agreed upon
by the Director | ||||||
24 | of Central Management Services and the Secretary of the
| ||||||
25 | Teachers' Retirement System), the Secretary of the Teachers' | ||||||
26 | Retirement System
may make expenditures from the Teacher |
| |||||||
| |||||||
1 | Health Insurance Security Fund as
necessary to pay up to 75% of | ||||||
2 | the cost of providing health coverage to eligible
benefit | ||||||
3 | recipients (as defined in Sections 16-153.1 and 16-153.3 of | ||||||
4 | the
Illinois Pension Code) who are enrolled in the Article 16 | ||||||
5 | health benefit
program and to facilitate the transfer of | ||||||
6 | administration of the health benefit
program to the Department | ||||||
7 | of Central Management Services.
| ||||||
8 | The Department of Central Management Services, or any | ||||||
9 | successor agency designated to procure healthcare contracts | ||||||
10 | pursuant to this Act, is authorized to establish funds, | ||||||
11 | separate accounts provided by any bank or banks as defined by | ||||||
12 | the Illinois Banking Act, or separate accounts provided by any | ||||||
13 | savings and loan association or associations as defined by the | ||||||
14 | Illinois Savings and Loan Act of 1985 to be held by the | ||||||
15 | Director, outside the State treasury, for the purpose of | ||||||
16 | receiving the transfer of moneys from the Teacher Health | ||||||
17 | Insurance Security Fund. The Department may promulgate rules | ||||||
18 | further defining the methodology for the transfers. Any | ||||||
19 | interest earned by moneys in the funds or accounts shall inure | ||||||
20 | to the Teacher Health Insurance Security Fund. The transferred | ||||||
21 | moneys, and interest accrued thereon, shall be used | ||||||
22 | exclusively for transfers to administrative service | ||||||
23 | organizations or their financial institutions for payments of | ||||||
24 | claims to claimants and providers under the self-insurance | ||||||
25 | health plan. The transferred moneys, and interest accrued | ||||||
26 | thereon, shall not be used for any other purpose including, |
| |||||||
| |||||||
1 | but not limited to, reimbursement of administration fees due | ||||||
2 | the administrative service organization pursuant to its | ||||||
3 | contract or contracts with the Department.
| ||||||
4 | (g) Contract for benefits. The Director shall by contract, | ||||||
5 | self-insurance,
or otherwise make available the program of | ||||||
6 | health benefits for TRS benefit
recipients and their TRS | ||||||
7 | dependent beneficiaries that is provided for in this
Section. | ||||||
8 | The contract or other arrangement for the provision of these | ||||||
9 | health
benefits shall be on terms deemed by the Director to be | ||||||
10 | in the best interest of
the State of Illinois and the TRS | ||||||
11 | benefit recipients based on, but not limited
to, such criteria | ||||||
12 | as administrative cost, service capabilities of the carrier
or | ||||||
13 | other contractor, and the costs of the benefits.
| ||||||
14 | (g-5) Committee. A Teacher Retirement Insurance Program | ||||||
15 | Committee shall be established, to consist of 10 persons | ||||||
16 | appointed by the Governor.
| ||||||
17 | The Committee shall convene at least 4 times each year, | ||||||
18 | and shall consider and make recommendations on issues | ||||||
19 | affecting the program of health benefits provided under this
| ||||||
20 | Section. Recommendations of the Committee shall be based on a | ||||||
21 | consensus of the members of the Committee.
| ||||||
22 | If the Teacher
Health Insurance Security Fund experiences | ||||||
23 | a deficit balance based upon the contribution and subsidy | ||||||
24 | rates established in this Section and Section 6.6 for Fiscal | ||||||
25 | Year 2008 or thereafter, the Committee shall make | ||||||
26 | recommendations for adjustments to the funding sources |
| |||||||
| |||||||
1 | established under these Sections. | ||||||
2 | In addition, the Committee shall identify proposed | ||||||
3 | solutions to the funding shortfalls that are affecting the | ||||||
4 | Teacher Health Insurance Security Fund, and it shall report | ||||||
5 | those solutions to the Governor and the General Assembly | ||||||
6 | within 6 months after August 15, 2011 (the effective date of | ||||||
7 | Public Act 97-386). | ||||||
8 | (h) Continuation of program. It is the intention of
the | ||||||
9 | General Assembly that the program of health benefits provided | ||||||
10 | under this
Section be maintained on an ongoing, affordable | ||||||
11 | basis.
| ||||||
12 | The program of health benefits provided under this Section | ||||||
13 | may be amended by
the State and is not intended to be a pension | ||||||
14 | or retirement benefit subject to
protection under Article | ||||||
15 | XIII, Section 5 of the Illinois Constitution.
| ||||||
16 | (i) Repeal. (Blank).
| ||||||
17 | (Source: P.A. 100-1017, eff. 8-21-18; 101-483, eff. 1-1-20 .)
| ||||||
18 | Article 99. | ||||||
19 | Section 99-90. The State Mandates Act is amended by adding | ||||||
20 | Section 8.45 as follows:
| ||||||
21 | (30 ILCS 805/8.45 new) | ||||||
22 | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and | ||||||
23 | 8 of this Act, no reimbursement by the State is required for |
| |||||||
| |||||||
1 | the implementation of any mandate created by this amendatory | ||||||
2 | Act of the 102nd General Assembly.
| ||||||
3 | Section 99-99. Effective date. This Article and Articles | ||||||
4 | 5, 15, 35, 50, 55, and 75 take effect upon becoming law.
|