Bill Amendment: IL SB1056 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PENSION-VARIOUS
Status: 2021-07-30 - Public Act . . . . . . . . . 102-0210 [SB1056 Detail]
Download: Illinois-2021-SB1056-House_Amendment_001.html
Bill Title: PENSION-VARIOUS
Status: 2021-07-30 - Public Act . . . . . . . . . 102-0210 [SB1056 Detail]
Download: Illinois-2021-SB1056-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1056
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2 | AMENDMENT NO. ______. Amend Senate Bill 1056 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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:
| ||||||
8 | (40 ILCS 5/2-121.3) (from Ch. 108 1/2, par. 2-121.3)
| ||||||
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, |
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| |||||||
1 | (ii) December
1 of the calendar year immediately following the | ||||||
2 | calendar year in which the
deceased spouse died, or (iii) | ||||||
3 | December 1 of the calendar year in which the
deceased spouse | ||||||
4 | would have attained age 72 70 1/2 , whichever occurs last, and
| ||||||
5 | shall remain payable until the first of the following to | ||||||
6 | occur: (1) the
person becomes eligible to receive a survivor's | ||||||
7 | annuity under this Article;
(2) the end of the month in which | ||||||
8 | the person ceases to be eligible to
receive a survivor's | ||||||
9 | annuity upon attainment of age 50, due to remarriage
or death; | ||||||
10 | or (3) the end of the month in which such distribution ceases | ||||||
11 | to
be required by federal law.
| ||||||
12 | The amount of the distribution shall be fixed at the time | ||||||
13 | the
distribution first becomes payable, and shall be | ||||||
14 | calculated in the same
manner as a survivor's annuity under | ||||||
15 | Sections 2-121, 2-121.1 and 2-121.2,
but excluding: (A) any | ||||||
16 | requirement for an application for the distribution;
(B) any | ||||||
17 | automatic annual increases, supplemental increases, or | ||||||
18 | one-time
increases that may be provided by law for survivor's | ||||||
19 | annuities; and (C) any
lump-sum or death benefit.
| ||||||
20 | (b) For the purpose of this Section, a distribution shall | ||||||
21 | be deemed to be
required by federal law if: (1) directly | ||||||
22 | mandated by federal statute, rule,
or administrative or court | ||||||
23 | decision; or (2) indirectly mandated through
imposition of | ||||||
24 | substantial tax or other penalties for noncompliance.
| ||||||
25 | (c) Notwithstanding Section 1-103.1 of this Code, a member | ||||||
26 | need not be
in service on or after the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of 1989
for the member's surviving spouse to be | ||||||
2 | eligible for a
distribution under this Section.
| ||||||
3 | (Source: P.A. 86-273.)
| ||||||
4 | (40 ILCS 5/7-141) (from Ch. 108 1/2, par. 7-141)
| ||||||
5 | Sec. 7-141. Retirement annuities; conditions annuities - | ||||||
6 | Conditions . Retirement annuities shall be payable as | ||||||
7 | hereinafter set forth:
| ||||||
8 | (a) A participating employee who, regardless of cause, is | ||||||
9 | separated
from the service of all participating municipalities | ||||||
10 | and
instrumentalities thereof and participating | ||||||
11 | instrumentalities shall be
entitled to a retirement annuity | ||||||
12 | provided:
| ||||||
13 | 1. He is at least age 55, or in the case of a person | ||||||
14 | who is eligible
to have his annuity calculated under | ||||||
15 | Section 7-142.1, he is at least age 50;
| ||||||
16 | 2. He is not entitled to receive earnings for | ||||||
17 | employment in a position requiring him, or entitling him | ||||||
18 | to elect, to be a participating employee;
| ||||||
19 | 3. The amount of his annuity, before the application | ||||||
20 | of paragraph (b) of
Section 7-142 is at least $10 per | ||||||
21 | month;
| ||||||
22 | 4. If he first became a participating employee after | ||||||
23 | December 31,
1961, he has at least 8 years of service. This | ||||||
24 | service requirement shall not
apply to any participating | ||||||
25 | employee, regardless of participation date, if the
General |
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| |||||||
1 | Assembly terminates the Fund.
| ||||||
2 | (b) Retirement annuities shall be payable:
| ||||||
3 | 1. As provided in Section 7-119;
| ||||||
4 | 2. Except as provided in item 3, upon receipt by the | ||||||
5 | fund of a written
application. The effective date may be | ||||||
6 | not more than one
year prior to the date of the receipt by | ||||||
7 | the fund of the application;
| ||||||
8 | 3. Upon attainment of the required age of distribution | ||||||
9 | under Section 401(a)(9) of the Internal Revenue Code of | ||||||
10 | 1986, as amended, age 70 1/2 if the member (i) is no longer | ||||||
11 | in
service,
and (ii) is otherwise entitled to an annuity | ||||||
12 | under this Article;
| ||||||
13 | 4. To the beneficiary of the deceased annuitant for | ||||||
14 | the unpaid amount
accrued to date of death, if any.
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15 | (Source: P.A. 97-328, eff. 8-12-11; 97-609, eff. 1-1-12.)
| ||||||
16 | (40 ILCS 5/14-121.1) (from Ch. 108 1/2, par. 14-121.1)
| ||||||
17 | Sec. 14-121.1. Required distributions. | ||||||
18 | (a) A person who would be
eligible to receive a widow's or | ||||||
19 | survivor's annuity under this Article but
for the fact that | ||||||
20 | the person has not yet attained age 50, shall be eligible
for a | ||||||
21 | monthly distribution under this subsection (a), provided that | ||||||
22 | the
payment of such distribution is required by federal law.
| ||||||
23 | The distribution shall become payable on (i) July 1, 1987, | ||||||
24 | (ii) December
1 of the calendar year immediately following the | ||||||
25 | calendar year in which the
deceased spouse died, or (iii) |
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| |||||||
1 | December 1 of the calendar year in which the
deceased spouse | ||||||
2 | would have attained age 72 70 1/2 , whichever occurs last, and
| ||||||
3 | shall remain payable until the first of the following to | ||||||
4 | occur: (1) the
person becomes eligible to receive a widow's or | ||||||
5 | survivor's annuity under
this Article; (2) the end of the | ||||||
6 | month in which the person
ceases to be eligible to receive a | ||||||
7 | widow's or survivor's annuity upon
attainment of age 50, due | ||||||
8 | to remarriage or death; or (3) the end of the
month in which | ||||||
9 | such distribution ceases to be required by federal law.
| ||||||
10 | The amount of the distribution shall be fixed at the time | ||||||
11 | the
distribution first becomes payable, and shall be | ||||||
12 | calculated in the same
manner as a survivor's annuity under | ||||||
13 | Sections 14-120, 14-121 and 14-122
(or, in the case of a person | ||||||
14 | who has elected to receive a widow's annuity
instead of a | ||||||
15 | survivor's annuity, in the same manner as the widow's annuity
| ||||||
16 | under Sections 14-118 and 14-119), but excluding: (A) any | ||||||
17 | requirement for
an application for the distribution; (B) any | ||||||
18 | automatic annual increases,
supplemental increases, or | ||||||
19 | one-time increases that may be provided by law
for survivor's | ||||||
20 | or widow's annuities; and (C) any lump-sum or death benefit.
| ||||||
21 | (b) For the purpose of this Section, a distribution shall | ||||||
22 | be deemed to be
required by federal law if: (1) directly | ||||||
23 | mandated by federal statute, rule,
or administrative or court | ||||||
24 | decision; or (2) indirectly mandated through
imposition of | ||||||
25 | substantial tax or other penalties for noncompliance.
| ||||||
26 | (c) Notwithstanding Section 1-103.1 of this Code, a member |
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| |||||||
1 | need not be
in service on or after the effective date of this | ||||||
2 | amendatory Act of 1989
for the member's surviving spouse to be | ||||||
3 | eligible for a
distribution under this Section.
| ||||||
4 | (Source: P.A. 86-273.)
| ||||||
5 | (40 ILCS 5/15-135) (from Ch. 108 1/2, par. 15-135)
| ||||||
6 | Sec. 15-135. Retirement annuities; conditions annuities - | ||||||
7 | Conditions .
| ||||||
8 | (a) This subsection (a) applies only to a Tier 1 member. A | ||||||
9 | participant who retires in one of the following specified | ||||||
10 | years with
the specified amount of service is entitled to a | ||||||
11 | retirement annuity at any age
under the retirement program | ||||||
12 | applicable to the participant:
| ||||||
13 | 35 years if retirement is in 1997 or before;
| ||||||
14 | 34 years if retirement is in 1998;
| ||||||
15 | 33 years if retirement is in 1999;
| ||||||
16 | 32 years if retirement is in 2000;
| ||||||
17 | 31 years if retirement is in 2001;
| ||||||
18 | 30 years if retirement is in 2002 or later.
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19 | A participant with 8 or more years of service after | ||||||
20 | September 1, 1941, is
entitled to a retirement annuity on or | ||||||
21 | after attainment of age 55.
| ||||||
22 | A participant with at least 5 but less than 8 years
of | ||||||
23 | service after September 1, 1941, is entitled to a retirement | ||||||
24 | annuity on
or after attainment of age 62.
| ||||||
25 | A participant who has at least 25 years of service in this |
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| |||||||
1 | system as a
police officer or firefighter is entitled to a | ||||||
2 | retirement
annuity on or after the attainment of age 50, if | ||||||
3 | Rule 4 of Section
15-136 is applicable to the participant.
| ||||||
4 | (a-5) A Tier 2 member is entitled to a retirement annuity | ||||||
5 | upon written application if he or she has attained age 67 and | ||||||
6 | has at least 10 years of service credit and is otherwise | ||||||
7 | eligible under the requirements of this Article. A Tier 2 | ||||||
8 | member who has attained age 62 and has at least 10 years of | ||||||
9 | service credit and is otherwise eligible under the | ||||||
10 | requirements of this Article may elect to receive the lower | ||||||
11 | retirement annuity provided in subsection (b-5) of Section | ||||||
12 | 15-136 of this Article. | ||||||
13 | (a-10) A Tier 2 member who has at least 20 years of service | ||||||
14 | in this system as a police officer or firefighter is entitled | ||||||
15 | to a retirement annuity upon written application on or after | ||||||
16 | the attainment of age 60 if Rule 4 of Section 15-136 is | ||||||
17 | applicable to the participant. The changes made to this | ||||||
18 | subsection by this amendatory Act of the 101st General | ||||||
19 | Assembly apply retroactively to January 1, 2011. | ||||||
20 | (b) The annuity payment period shall begin on the date | ||||||
21 | specified by the
participant or the recipient of a disability | ||||||
22 | retirement annuity submitting a written application. For a | ||||||
23 | participant, the date on which the annuity payment period | ||||||
24 | begins shall not be prior
to termination of employment or more | ||||||
25 | than one year before the application is
received by the board; | ||||||
26 | however, if the participant is not an employee of an
employer |
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| |||||||
1 | participating in this System or in a participating system as | ||||||
2 | defined
in Article 20 of this Code on April 1 of the calendar | ||||||
3 | year next following
the calendar year in which the participant | ||||||
4 | attains the age specified under Section 401(a)(9) of the | ||||||
5 | Internal Revenue Code of 1986, as amended 70 1/2 , the annuity
| ||||||
6 | payment period shall begin on that date regardless of whether | ||||||
7 | an application
has been filed. For a recipient of a disability | ||||||
8 | retirement annuity, the date on which the annuity payment | ||||||
9 | period begins shall not be prior to the discontinuation of the | ||||||
10 | disability retirement annuity under Section 15-153.2.
| ||||||
11 | (c) An annuity is not payable if the amount provided under | ||||||
12 | Section
15-136 is less than $10 per month.
| ||||||
13 | (Source: P.A. 100-556, eff. 12-8-17; 101-610, eff. 1-1-20.)
| ||||||
14 | (40 ILCS 5/16-142.3) (from Ch. 108 1/2, par. 16-142.3)
| ||||||
15 | Sec. 16-142.3. Required distributions. | ||||||
16 | (a) A person who would be
eligible to receive a monthly | ||||||
17 | survivor benefit under this Article but for
the fact that the | ||||||
18 | person has not yet attained age 50, and who has not elected
to | ||||||
19 | receive a lump sum distribution under subsection (a) of | ||||||
20 | Section 16-141,
shall be eligible for a monthly distribution | ||||||
21 | under this subsection (a),
provided that the payment of such | ||||||
22 | distribution is required by federal law.
| ||||||
23 | The distribution shall become payable on (i) July 1, 1987, | ||||||
24 | (ii) December
1 of the calendar year immediately following the | ||||||
25 | calendar year in which the
member or annuitant died, or (iii) |
| |||||||
| |||||||
1 | December 1 of the calendar year in which
the deceased member or | ||||||
2 | annuitant would have attained age 72 70 1/2 , whichever
occurs | ||||||
3 | latest, and shall remain payable until the first of the | ||||||
4 | following to
occur: (1) the person becomes eligible to receive | ||||||
5 | a monthly survivor
benefit under this Article; (2) the day | ||||||
6 | following the date on which the
member ceases to be eligible to | ||||||
7 | receive a monthly survivor benefit upon
attainment of age 50, | ||||||
8 | due to remarriage or death; or (3) the day on which
such | ||||||
9 | distribution ceases to be required by federal law.
| ||||||
10 | The amount of the distribution shall be fixed at the time | ||||||
11 | the
distribution first becomes payable, and shall be | ||||||
12 | calculated in the same
manner as the monthly survivor benefit | ||||||
13 | under Sections 16-141, 16-142,
16-142.1 and 16-142.2, but | ||||||
14 | excluding any
automatic annual increases, supplemental | ||||||
15 | increases, or one-time increases
that may be provided by law | ||||||
16 | for monthly survivor benefits.
| ||||||
17 | (b) For the purpose of this Section, a distribution shall | ||||||
18 | be deemed to
be required by federal law if: (1) directly | ||||||
19 | mandated by federal statute,
rule, or administrative or court | ||||||
20 | decision; or (2) indirectly mandated
through imposition of | ||||||
21 | substantial tax or other penalties for noncompliance.
| ||||||
22 | (c) Notwithstanding Section 1-103.1 of this Code, a member | ||||||
23 | need not be
in service on or after the effective date of this | ||||||
24 | amendatory Act of 1989
for the member's surviving spouse to be | ||||||
25 | eligible for a distribution under this Section.
| ||||||
26 | (Source: P.A. 86-273 .)
|
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| |||||||
1 | (40 ILCS 5/18-128.3) (from Ch. 108 1/2, par. 18-128.3)
| ||||||
2 | Sec. 18-128.3. Required distributions. | ||||||
3 | (a) A person who would be
eligible to receive a survivor's | ||||||
4 | annuity under this Article but for the
fact that the person has | ||||||
5 | not yet attained age 50, shall be eligible for a
monthly | ||||||
6 | distribution under this subsection (a), provided that the | ||||||
7 | payment
of such distribution is required by federal law.
| ||||||
8 | The distribution shall become payable on (i) July 1, 1987, | ||||||
9 | (ii) December
1 of the calendar year immediately following the | ||||||
10 | calendar year in which the
deceased spouse died, or (iii) | ||||||
11 | December 1 of the calendar year in which the
deceased spouse | ||||||
12 | would have attained age 72 70 1/2 , whichever occurs last, and
| ||||||
13 | shall remain payable until the first of the following to | ||||||
14 | occur: (1) the
person becomes eligible to receive a survivor's | ||||||
15 | annuity under this Article;
(2) the end of the month in which | ||||||
16 | the person ceases to be eligible to
receive a survivor's | ||||||
17 | annuity upon attainment of age 50, due to remarriage
or death; | ||||||
18 | or (3) the end of the month in which such distribution ceases | ||||||
19 | to
be required by federal law.
| ||||||
20 | The amount of the distribution shall be fixed at the time | ||||||
21 | the
distribution first becomes payable, and shall be | ||||||
22 | calculated in the same
manner as a survivor's annuity under | ||||||
23 | Sections 18-128 through 18-128.2,
but excluding: (A) any | ||||||
24 | requirement for
an application for the distribution; (B) any | ||||||
25 | automatic annual increases,
supplemental increases, or |
| |||||||
| |||||||
1 | one-time increases that may be provided by law
for survivor's | ||||||
2 | annuities; and (C) any lump-sum or death benefit.
| ||||||
3 | (b) For the purpose of this Section, a distribution shall | ||||||
4 | be deemed to be
required by federal law if: (1) directly | ||||||
5 | mandated by federal statute, rule,
or administrative or court | ||||||
6 | decision; or (2) indirectly mandated through
imposition of | ||||||
7 | substantial tax or other penalties for noncompliance.
| ||||||
8 | (c) Notwithstanding Section 1-103.1 of this Code, a member | ||||||
9 | need not be
in service on or after the effective date of this | ||||||
10 | amendatory Act of 1989
for the member's surviving spouse to be | ||||||
11 | eligible for a
distribution under this Section.
| ||||||
12 | (Source: P.A. 86-273.)
| ||||||
13 | Article 10. | ||||||
14 | Section 10-5. The Illinois Pension Code is amended by | ||||||
15 | changing Sections 1-160, 7-114, 7-116, 7-141, 7-141.1, 7-142, | ||||||
16 | 7-144, 7-156, and 7-191 and by adding Sections 7-109.4 and | ||||||
17 | 7-109.5 as follows:
| ||||||
18 | (40 ILCS 5/1-160)
| ||||||
19 | Sec. 1-160. Provisions applicable to new hires. | ||||||
20 | (a) The provisions of this Section apply to a person who, | ||||||
21 | on or after January 1, 2011, first becomes a member or a | ||||||
22 | participant under any reciprocal retirement system or pension | ||||||
23 | fund established under this Code, other than a retirement |
| |||||||
| |||||||
1 | system or pension fund established under Article 2, 3, 4, 5, 6, | ||||||
2 | 7, 15 , or 18 of this Code, notwithstanding any other provision | ||||||
3 | of this Code to the contrary, but do not apply to any | ||||||
4 | self-managed plan established under this Code , to any person | ||||||
5 | with respect to service as a sheriff's law enforcement | ||||||
6 | employee under Article 7, or to any participant of the | ||||||
7 | retirement plan established under Section 22-101 ; except that | ||||||
8 | this Section applies to a person who elected to establish | ||||||
9 | alternative credits by electing in writing after January 1, | ||||||
10 | 2011, but before August 8, 2011, under Section 7-145.1 of this | ||||||
11 | Code . Notwithstanding anything to the contrary in this | ||||||
12 | Section, for purposes of this Section, a person who is a Tier 1 | ||||||
13 | regular employee as defined in Section 7-109.4 of this Code or | ||||||
14 | who participated in a retirement system under Article 15 prior | ||||||
15 | to January 1, 2011 shall be deemed a person who first became a | ||||||
16 | member or participant prior to January 1, 2011 under any | ||||||
17 | retirement system or pension fund subject to this Section. The | ||||||
18 | changes made to this Section by Public Act 98-596 are a | ||||||
19 | clarification of existing law and are intended to be | ||||||
20 | retroactive to January 1, 2011 (the effective date of Public | ||||||
21 | Act 96-889), notwithstanding the provisions of Section 1-103.1 | ||||||
22 | of this Code. | ||||||
23 | This Section does not apply to a person who first becomes a | ||||||
24 | noncovered employee under Article 14 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 |
| |||||||
| |||||||
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 first becomes a | ||||||
5 | member or participant under Article 16 on or after the | ||||||
6 | implementation date of the plan created under Section 1-161 | ||||||
7 | for that Article, unless that person elects under subsection | ||||||
8 | (b) of Section 1-161 to instead receive the benefits provided | ||||||
9 | under this Section and the applicable provisions of that | ||||||
10 | Article. | ||||||
11 | This Section does not apply to a person who elects under | ||||||
12 | subsection (c-5) of Section 1-161 to receive the benefits | ||||||
13 | under Section 1-161. | ||||||
14 | This Section does not apply to a person who first becomes a | ||||||
15 | member or participant of an affected pension fund on or after 6 | ||||||
16 | months after the resolution or ordinance date, as defined in | ||||||
17 | Section 1-162, unless that person elects under subsection (c) | ||||||
18 | of Section 1-162 to receive the benefits provided under this | ||||||
19 | Section and the applicable provisions of the Article under | ||||||
20 | which he or she is a member or participant. | ||||||
21 | (b) "Final average salary" means the average monthly (or | ||||||
22 | annual) salary obtained by dividing the total salary or | ||||||
23 | earnings calculated under the Article applicable to the member | ||||||
24 | or participant during the 96 consecutive months (or 8 | ||||||
25 | consecutive years) of service within the last 120 months (or | ||||||
26 | 10 years) of service in which the total salary or earnings |
| |||||||
| |||||||
1 | calculated under the applicable Article was the highest by the | ||||||
2 | number of months (or years) of service in that period. For the | ||||||
3 | purposes of a person who first becomes a member or participant | ||||||
4 | of any retirement system or pension fund to which this Section | ||||||
5 | applies on or after January 1, 2011, in this Code, "final | ||||||
6 | average salary" shall be substituted for the following: | ||||||
7 | (1) (Blank). In Article 7 (except for service as | ||||||
8 | sheriff's law enforcement employees), "final rate of | ||||||
9 | earnings". | ||||||
10 | (2) In Articles 8, 9, 10, 11, and 12, "highest average | ||||||
11 | annual salary for any 4 consecutive years within the last | ||||||
12 | 10 years of service immediately preceding the date of | ||||||
13 | withdrawal". | ||||||
14 | (3) In Article 13, "average final salary". | ||||||
15 | (4) In Article 14, "final average compensation". | ||||||
16 | (5) In Article 17, "average salary". | ||||||
17 | (6) In Section 22-207, "wages or salary received by | ||||||
18 | him at the date of retirement or discharge". | ||||||
19 | (b-5) Beginning on January 1, 2011, for all purposes under | ||||||
20 | this Code (including without limitation the calculation of | ||||||
21 | benefits and employee contributions), the annual earnings, | ||||||
22 | salary, or wages (based on the plan year) of a member or | ||||||
23 | participant to whom this Section applies shall not exceed | ||||||
24 | $106,800; however, that amount shall annually thereafter be | ||||||
25 | increased by the lesser of (i) 3% of that amount, including all | ||||||
26 | previous adjustments, or (ii) one-half the annual unadjusted |
| |||||||
| |||||||
1 | percentage increase (but not less than zero) in the consumer | ||||||
2 | price index-u
for the 12 months ending with the September | ||||||
3 | preceding each November 1, including all previous adjustments. | ||||||
4 | For the purposes of this Section, "consumer price index-u" | ||||||
5 | means
the index published by the Bureau of Labor Statistics of | ||||||
6 | the United States
Department of Labor that measures the | ||||||
7 | average change in prices of goods and
services purchased by | ||||||
8 | all urban consumers, United States city average, all
items, | ||||||
9 | 1982-84 = 100. The new amount resulting from each annual | ||||||
10 | adjustment
shall be determined by the Public Pension Division | ||||||
11 | of the Department of Insurance and made available to the | ||||||
12 | boards of the retirement systems and pension funds by November | ||||||
13 | 1 of each year. | ||||||
14 | (c) A member or participant is entitled to a retirement
| ||||||
15 | annuity upon written application if he or she has attained age | ||||||
16 | 67 (beginning January 1, 2015, age 65 with respect to service | ||||||
17 | under Article 12 of this Code that is subject to this Section) | ||||||
18 | and has at least 10 years of service credit and is otherwise | ||||||
19 | eligible under the requirements of the applicable Article. | ||||||
20 | A member or participant who has attained age 62 (beginning | ||||||
21 | January 1, 2015, age 60 with respect to service under Article | ||||||
22 | 12 of this Code that is subject to this Section) and has at | ||||||
23 | least 10 years of service credit and is otherwise eligible | ||||||
24 | under the requirements of the applicable Article may elect to | ||||||
25 | receive the lower retirement annuity provided
in subsection | ||||||
26 | (d) of this Section. |
| |||||||
| |||||||
1 | (c-5) A person who first becomes a member or a participant | ||||||
2 | subject to this Section on or after July 6, 2017 (the effective | ||||||
3 | date of Public Act 100-23), notwithstanding any other | ||||||
4 | provision of this Code to the contrary, is entitled to a | ||||||
5 | retirement annuity under Article 8 or Article 11 upon written | ||||||
6 | application if he or she has attained age 65 and has at least | ||||||
7 | 10 years of service credit and is otherwise eligible under the | ||||||
8 | requirements of Article 8 or Article 11 of this Code, | ||||||
9 | whichever is applicable. | ||||||
10 | (d) The retirement annuity of a member or participant who | ||||||
11 | is retiring after attaining age 62 (beginning January 1, 2015, | ||||||
12 | age 60 with respect to service under Article 12 of this Code | ||||||
13 | that is subject to this Section) with at least 10 years of | ||||||
14 | service credit shall be reduced by one-half
of 1% for each full | ||||||
15 | month that the member's age is under age 67 (beginning January | ||||||
16 | 1, 2015, age 65 with respect to service under Article 12 of | ||||||
17 | this Code that is subject to this Section). | ||||||
18 | (d-5) The retirement annuity payable under Article 8 or | ||||||
19 | Article 11 to an eligible person subject to subsection (c-5) | ||||||
20 | of this Section who is retiring at age 60 with at least 10 | ||||||
21 | years of service credit shall be reduced by one-half of 1% for | ||||||
22 | each full month that the member's age is under age 65. | ||||||
23 | (d-10) Each person who first became a member or | ||||||
24 | participant under Article 8 or Article 11 of this Code on or | ||||||
25 | after January 1, 2011 and prior to the effective date of this | ||||||
26 | amendatory Act of the 100th General Assembly shall make an |
| |||||||
| |||||||
1 | irrevocable election either: | ||||||
2 | (i) to be eligible for the reduced retirement age | ||||||
3 | provided in subsections (c-5)
and (d-5) of this Section, | ||||||
4 | the eligibility for which is conditioned upon the member | ||||||
5 | or participant agreeing to the increases in employee | ||||||
6 | contributions for age and service annuities provided in | ||||||
7 | subsection (a-5) of Section 8-174 of this Code (for | ||||||
8 | service under Article 8) or subsection (a-5) of Section | ||||||
9 | 11-170 of this Code (for service under Article 11); or | ||||||
10 | (ii) to not agree to item (i) of this subsection | ||||||
11 | (d-10), in which case the member or participant shall | ||||||
12 | continue to be subject to the retirement age provisions in | ||||||
13 | subsections (c) and (d) of this Section and the employee | ||||||
14 | contributions for age and service annuity as provided in | ||||||
15 | subsection (a) of Section 8-174 of this Code (for service | ||||||
16 | under Article 8) or subsection (a) of Section 11-170 of | ||||||
17 | this Code (for service under Article 11). | ||||||
18 | The election provided for in this subsection shall be made | ||||||
19 | between October 1, 2017 and November 15, 2017. A person | ||||||
20 | subject to this subsection who makes the required election | ||||||
21 | shall remain bound by that election. A person subject to this | ||||||
22 | subsection who fails for any reason to make the required | ||||||
23 | election within the time specified in this subsection shall be | ||||||
24 | deemed to have made the election under item (ii). | ||||||
25 | (e) Any retirement annuity or supplemental annuity shall | ||||||
26 | be subject to annual increases on the January 1 occurring |
| |||||||
| |||||||
1 | either on or after the attainment of age 67 (beginning January | ||||||
2 | 1, 2015, age 65 with respect to service under Article 12 of | ||||||
3 | this Code that is subject to this Section and beginning on the | ||||||
4 | effective date of this amendatory Act of the 100th General | ||||||
5 | Assembly, age 65 with respect to service under Article 8 or | ||||||
6 | Article 11 for eligible persons who: (i) are subject to | ||||||
7 | subsection (c-5) of this Section; or (ii) made the election | ||||||
8 | under item (i) of subsection (d-10) of this Section) or the | ||||||
9 | first anniversary of the annuity start date, whichever is | ||||||
10 | later. 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 retirement 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 | For the purposes of Section 1-103.1 of this Code, the | ||||||
20 | changes made to this Section by this amendatory Act of the | ||||||
21 | 100th General Assembly are applicable without regard to | ||||||
22 | whether the employee was in active service on or after the | ||||||
23 | effective date of this amendatory Act of the 100th General | ||||||
24 | Assembly. | ||||||
25 | (f) The initial survivor's or widow's annuity of an | ||||||
26 | otherwise eligible survivor or widow of a retired member or |
| |||||||
| |||||||
1 | participant who first became a member or participant on or | ||||||
2 | after January 1, 2011 shall be in the amount of 66 2/3% of the | ||||||
3 | retired member's or participant's retirement annuity at the | ||||||
4 | date of death. In the case of the death of a member or | ||||||
5 | participant who has not retired and who first became a member | ||||||
6 | or participant on or after January 1, 2011, eligibility for a | ||||||
7 | survivor's or widow's annuity shall be determined by the | ||||||
8 | applicable Article of this Code. The initial benefit shall be | ||||||
9 | 66 2/3% of the earned annuity without a reduction due to age. A | ||||||
10 | child's annuity of an otherwise eligible child shall be in the | ||||||
11 | amount prescribed under each Article if applicable. Any | ||||||
12 | survivor's or widow's annuity shall be increased (1) on each | ||||||
13 | January 1 occurring on or after the commencement of the | ||||||
14 | annuity if
the deceased member died while receiving a | ||||||
15 | retirement annuity or (2) in
other cases, on each January 1 | ||||||
16 | occurring after the first anniversary
of the commencement of | ||||||
17 | the annuity. Each annual increase shall be calculated at 3% or | ||||||
18 | one-half the annual unadjusted percentage increase (but not | ||||||
19 | less than zero) in the consumer price index-u for the 12 months | ||||||
20 | ending with the September preceding each November 1, whichever | ||||||
21 | is less, of the originally granted survivor's annuity. If the | ||||||
22 | annual unadjusted percentage change in the consumer price | ||||||
23 | index-u for the 12 months ending with the September preceding | ||||||
24 | each November 1 is zero or there is a decrease, then the | ||||||
25 | annuity shall not be increased. | ||||||
26 | (g) The benefits in Section 14-110 apply only if the |
| |||||||
| |||||||
1 | person is a State policeman, a fire fighter in the fire | ||||||
2 | protection service of a department, a conservation police | ||||||
3 | officer, an investigator for the Secretary of State, an arson | ||||||
4 | investigator, a Commerce Commission police officer, | ||||||
5 | investigator for the Department of Revenue or the
Illinois | ||||||
6 | Gaming Board, a security employee of the Department of | ||||||
7 | Corrections or the Department of Juvenile Justice, or a | ||||||
8 | security employee of the Department of Innovation and | ||||||
9 | Technology, as those terms are defined in subsection (b) and | ||||||
10 | subsection (c) of Section 14-110. A person who meets the | ||||||
11 | requirements of this Section is entitled to an annuity | ||||||
12 | calculated under the provisions of Section 14-110, in lieu of | ||||||
13 | the regular or minimum retirement annuity, only if the person | ||||||
14 | has withdrawn from service with not less than 20
years of | ||||||
15 | eligible creditable service and has attained age 60, | ||||||
16 | regardless of whether
the attainment of age 60 occurs while | ||||||
17 | the person is
still in service. | ||||||
18 | (h) If a person who first becomes a member or a participant | ||||||
19 | of a retirement system or pension fund subject to this Section | ||||||
20 | on or after January 1, 2011 is receiving a retirement annuity | ||||||
21 | or retirement pension under that system or fund and becomes a | ||||||
22 | member or participant under any other system or fund created | ||||||
23 | by this Code and is employed on a full-time basis, except for | ||||||
24 | those members or participants exempted from the provisions of | ||||||
25 | this Section under subsection (a) of this Section, then the | ||||||
26 | person's retirement annuity or retirement pension under that |
| |||||||
| |||||||
1 | system or fund shall be suspended during that employment. Upon | ||||||
2 | termination of that employment, the person's retirement | ||||||
3 | annuity or retirement pension payments shall resume and be | ||||||
4 | recalculated if recalculation is provided for under the | ||||||
5 | applicable Article of this Code. | ||||||
6 | If a person who first becomes a member of a retirement | ||||||
7 | system or pension fund subject to this Section on or after | ||||||
8 | January 1, 2012 and is receiving a retirement annuity or | ||||||
9 | retirement pension under that system or fund and accepts on a | ||||||
10 | contractual basis a position to provide services to a | ||||||
11 | governmental entity from which he or she has retired, then | ||||||
12 | that person's annuity or retirement pension earned as an | ||||||
13 | active employee of the employer shall be suspended during that | ||||||
14 | contractual service. A person receiving an annuity or | ||||||
15 | retirement pension under this Code shall notify the pension | ||||||
16 | fund or retirement system from which he or she is receiving an | ||||||
17 | annuity or retirement pension, as well as his or her | ||||||
18 | contractual employer, of his or her retirement status before | ||||||
19 | accepting contractual employment. A person who fails to submit | ||||||
20 | such notification shall be guilty of a Class A misdemeanor and | ||||||
21 | required to pay a fine of $1,000. Upon termination of that | ||||||
22 | contractual employment, the person's retirement annuity or | ||||||
23 | retirement pension payments shall resume and, if appropriate, | ||||||
24 | be recalculated under the applicable provisions of this Code. | ||||||
25 | (i) (Blank). | ||||||
26 | (j) In the case of a conflict between the provisions of |
| |||||||
| |||||||
1 | this Section and any other provision of this Code, the | ||||||
2 | provisions of this Section shall control.
| ||||||
3 | (Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17; | ||||||
4 | 100-563, eff. 12-8-17; 100-611, eff. 7-20-18; 100-1166, eff. | ||||||
5 | 1-4-19; 101-610, eff. 1-1-20.)
| ||||||
6 | (40 ILCS 5/7-109.4 new) | ||||||
7 | Sec. 7-109.4. Tier 1 regular employee. "Tier 1 regular | ||||||
8 | employee" means a participant or an annuitant under this | ||||||
9 | Article who first became a participant or member before | ||||||
10 | January 1, 2011 under any retirement system or pension fund | ||||||
11 | under this Code, other than a retirement system or pension | ||||||
12 | fund established under Articles 2, 3, 4, 5, 6, or 18 or in any | ||||||
13 | self-managed plan established under this Code, or the | ||||||
14 | retirement plan established under Section 22-101. | ||||||
15 | "Tier 1 regular employee" includes a person who received a | ||||||
16 | separation benefit but is otherwise qualified under this | ||||||
17 | Section and subsequently becomes a participating employee on | ||||||
18 | or after January 1, 2011. | ||||||
19 | "Tier 1 regular employee" includes a former participating | ||||||
20 | employee who received a separation benefit under Section 7-167 | ||||||
21 | for service earned prior to January 1, 2011 who returns to a | ||||||
22 | qualifying position after January 1, 2011. | ||||||
23 | "Tier 1 regular employee" includes a participating | ||||||
24 | employee who has omitted service as defined in Section 7-111.5 | ||||||
25 | that includes any period prior to January 1, 2011 only if he or |
| |||||||
| |||||||
1 | she establishes sufficient service credit under item (12) of | ||||||
2 | subsection (a) of Section 7-139 to include service prior to | ||||||
3 | January 1, 2011. | ||||||
4 | Notwithstanding anything contrary in this Section, "Tier 1 | ||||||
5 | regular employee" does not include a participant or annuitant | ||||||
6 | who is eligible to have his or her annuity calculated under | ||||||
7 | Section 7-142.1 or a person who elected to establish | ||||||
8 | alternative credits under Section 7-145.1.
| ||||||
9 | (40 ILCS 5/7-109.5 new) | ||||||
10 | Sec. 7-109.5. Tier 2 regular employee. "Tier 2 regular | ||||||
11 | employee" means a person who first becomes a participant under | ||||||
12 | this Article on or after January 1, 2011 and is not a Tier 1 | ||||||
13 | regular employee. | ||||||
14 | Notwithstanding anything contrary in this Section, "Tier 2 | ||||||
15 | regular employee" does not include a participant or annuitant | ||||||
16 | who is eligible to have his or her annuity calculated under | ||||||
17 | Section 7-142.1 or a person who elected to establish | ||||||
18 | alternative credits by electing in writing after January 1, | ||||||
19 | 2011, but before August 8, 2011, under Section 7-145.1 of this | ||||||
20 | Code.
| ||||||
21 | (40 ILCS 5/7-114) (from Ch. 108 1/2, par. 7-114)
| ||||||
22 | Sec. 7-114. Earnings. "Earnings":
| ||||||
23 | (a) An amount to be determined by the board, equal to the | ||||||
24 | sum of:
|
| |||||||
| |||||||
1 | 1. The total amount of money paid to an employee for | ||||||
2 | personal
services or official duties as an employee | ||||||
3 | (except those employed as
independent contractors) paid | ||||||
4 | out of the general fund, or out of any
special funds | ||||||
5 | controlled by the municipality, or by any instrumentality
| ||||||
6 | thereof, or participating instrumentality, including | ||||||
7 | compensation, fees,
allowances (but not including amounts | ||||||
8 | associated with a vehicle allowance payable to an employee | ||||||
9 | who first becomes a participating employee on or after the | ||||||
10 | effective date of this amendatory Act of the 100th General | ||||||
11 | Assembly), or other emolument paid for official duties | ||||||
12 | (but not
including automobile maintenance, travel expense, | ||||||
13 | or reimbursements for
expenditures incurred in the | ||||||
14 | performance of duties) and, for fee
offices, the fees or | ||||||
15 | earnings of the offices to the extent such fees are
paid | ||||||
16 | out of funds controlled by the municipality, or | ||||||
17 | instrumentality or
participating instrumentality; and
| ||||||
18 | 2. The money value, as determined by rules prescribed | ||||||
19 | by the
governing body of the municipality, or | ||||||
20 | instrumentality thereof, of any
board, lodging, fuel, | ||||||
21 | laundry, and other allowances provided an employee
in lieu | ||||||
22 | of money.
| ||||||
23 | (b) For purposes of determining benefits payable under | ||||||
24 | this fund
payments to a person who is engaged in an | ||||||
25 | independently established
trade, occupation, profession or | ||||||
26 | business and who is paid for his
service on a basis other than |
| |||||||
| |||||||
1 | a monthly or other regular salary, are not
earnings.
| ||||||
2 | (c) If a disabled participating employee is eligible to | ||||||
3 | receive Workers'
Compensation for an accidental injury and the | ||||||
4 | participating municipality or
instrumentality which employed | ||||||
5 | the participating employee when injured
continues to pay the | ||||||
6 | participating employee regular salary or other
compensation or | ||||||
7 | pays the employee an amount in excess of the Workers'
| ||||||
8 | Compensation amount, then earnings shall be deemed to be the | ||||||
9 | total payments,
including an amount equal to the Workers' | ||||||
10 | Compensation payments. These
payments shall be subject to | ||||||
11 | employee contributions and allocated as if paid to
the | ||||||
12 | participating employee when the regular payroll amounts would | ||||||
13 | have been
paid if the participating employee had continued | ||||||
14 | working, and creditable
service shall be awarded for this | ||||||
15 | period.
| ||||||
16 | (d) If an elected official who is a participating employee | ||||||
17 | becomes disabled
but does not resign and is not removed from | ||||||
18 | office, then earnings shall include
all salary payments made | ||||||
19 | for the remainder of that term of office and the
official shall | ||||||
20 | be awarded creditable service for the term of office.
| ||||||
21 | (e) If a participating employee is paid pursuant to "An | ||||||
22 | Act to provide for
the continuation of compensation for law | ||||||
23 | enforcement officers, correctional
officers and firemen who | ||||||
24 | suffer disabling injury in the line of duty", approved
| ||||||
25 | September 6, 1973, as amended, the payments shall be deemed | ||||||
26 | earnings, and the
participating employee shall be awarded |
| |||||||
| |||||||
1 | creditable service for this period.
| ||||||
2 | (f) Additional compensation received by a person while | ||||||
3 | serving as a
supervisor of assessments, assessor, deputy | ||||||
4 | assessor or member of a board of
review from the State of | ||||||
5 | Illinois pursuant to Section 4-10 or 4-15 of the
Property Tax | ||||||
6 | Code shall not be
earnings for purposes of this Article and | ||||||
7 | shall not be included in the
contribution formula or | ||||||
8 | calculation of benefits for such person pursuant to
this | ||||||
9 | Article.
| ||||||
10 | (g) Notwithstanding any other provision of this Article, | ||||||
11 | calendar year earnings for Tier 2 regular employees to whom | ||||||
12 | this Section applies shall not exceed the amount determined by | ||||||
13 | the Public Pension Division of the Department of Insurance as | ||||||
14 | required in this subsection; however, that amount shall | ||||||
15 | annually thereafter be increased by the lesser of (i) 3% of | ||||||
16 | that amount, including all previous adjustments, or (ii) | ||||||
17 | one-half the annual unadjusted percentage increase (but not | ||||||
18 | less than zero) in the consumer price index-u for the 12 months | ||||||
19 | ending with the September preceding each November 1, including | ||||||
20 | all previous adjustments. | ||||||
21 | For the purposes of this Section, "consumer price index-u" | ||||||
22 | means the index published by the Bureau of Labor Statistics of | ||||||
23 | the United States Department of Labor that measures the | ||||||
24 | average change in prices of goods and services purchased by | ||||||
25 | all urban consumers, United States city average, all items, | ||||||
26 | 1982-84 = 100. The new amount resulting from each annual |
| |||||||
| |||||||
1 | adjustment shall be determined by the Public Pension Division | ||||||
2 | of the Department of Insurance and made available to the Fund | ||||||
3 | by November 1 of each year. | ||||||
4 | (Source: P.A. 100-411, eff. 8-25-17.)
| ||||||
5 | (40 ILCS 5/7-116) (from Ch. 108 1/2, par. 7-116)
| ||||||
6 | (Text of Section WITHOUT the changes made by P.A. 98-599, | ||||||
7 | which has been
held unconstitutional)
| ||||||
8 | Sec. 7-116. "Final rate of earnings":
| ||||||
9 | (a) For retirement and survivor annuities, the monthly | ||||||
10 | earnings obtained
by dividing the total earnings received by | ||||||
11 | the employee during the period of
either (1) for Tier 1 regular | ||||||
12 | employees, the 48 consecutive months of service within the | ||||||
13 | last 120 months of
service in which his total earnings were the | ||||||
14 | highest , (2) for Tier 2 regular employees, the 96 consecutive
| ||||||
15 | months of service within the last 120 months of service in
| ||||||
16 | which his total earnings were the highest, or (3) or (2) the
| ||||||
17 | employee's total period of service, by the number of months
of | ||||||
18 | service in such period.
| ||||||
19 | (b) For death benefits, the higher of the rate determined | ||||||
20 | under
paragraph (a) of this Section or total earnings received | ||||||
21 | in the last 12 months
of service divided by twelve. If the | ||||||
22 | deceased employee has less than 12 months
of service, the | ||||||
23 | monthly final rate shall be the monthly rate of pay the
| ||||||
24 | employee was receiving when he began service.
| ||||||
25 | (c) For disability benefits, the total earnings of a |
| |||||||
| |||||||
1 | participating
employee in the last 12 calendar months of | ||||||
2 | service prior to the date he
becomes disabled divided by 12.
| ||||||
3 | (d) In computing the final rate of earnings: (1) the | ||||||
4 | earnings rate for
all periods of prior service shall be | ||||||
5 | considered equal to the average
earnings rate for the last 3 | ||||||
6 | calendar years of prior service for
which creditable service | ||||||
7 | is received under Section 7-139 or, if there is less than 3 | ||||||
8 | years of
creditable prior service, the average for the total | ||||||
9 | prior service period
for which creditable service is received | ||||||
10 | under Section 7-139; (2) for out
of state service and | ||||||
11 | authorized
leave, the earnings rate shall be the rate upon | ||||||
12 | which service credits are
granted; (3) periods of military | ||||||
13 | leave shall not be considered; (4) the
earnings rate for all | ||||||
14 | periods of disability shall be considered equal to
the rate of | ||||||
15 | earnings upon which the employee's disability benefits are
| ||||||
16 | computed for such periods; (5) the earnings to be considered | ||||||
17 | for each of
the final three months of the final earnings period | ||||||
18 | for persons who first became participants before January 1, | ||||||
19 | 2012 and the earnings to be considered for each of the final 24 | ||||||
20 | months for participants who first become participants on or | ||||||
21 | after January 1, 2012 shall not exceed 125%
of the highest | ||||||
22 | earnings of any other month in the final earnings period;
and | ||||||
23 | (6) the annual amount of final rate of earnings shall be the | ||||||
24 | monthly
amount multiplied by the number of months of service | ||||||
25 | normally required by
the position in a year.
| ||||||
26 | (Source: P.A. 97-609, eff. 1-1-12.)
|
| |||||||
| |||||||
1 | (40 ILCS 5/7-141) (from Ch. 108 1/2, par. 7-141)
| ||||||
2 | Sec. 7-141. Retirement annuities - Conditions. Retirement | ||||||
3 | annuities shall be payable as hereinafter set forth:
| ||||||
4 | (a) A participating employee who, regardless of cause, is | ||||||
5 | separated
from the service of all participating municipalities | ||||||
6 | and
instrumentalities thereof and participating | ||||||
7 | instrumentalities shall be
entitled to a retirement annuity | ||||||
8 | provided:
| ||||||
9 | 1. He is at least age 55 if he is a Tier 1 regular | ||||||
10 | employee, he is age 62 if he is a Tier 2 regular employee , | ||||||
11 | or , in the case of a person who is eligible
to have his | ||||||
12 | annuity calculated under Section 7-142.1, he is at least | ||||||
13 | age 50;
| ||||||
14 | 2. He is not entitled to receive earnings for | ||||||
15 | employment in a position requiring him, or entitling him | ||||||
16 | to elect, to be a participating employee;
| ||||||
17 | 3. The amount of his annuity, before the application | ||||||
18 | of paragraph (b) of
Section 7-142 is at least $10 per | ||||||
19 | month;
| ||||||
20 | 4. If he first became a participating employee after | ||||||
21 | December 31,
1961 and is a Tier 1 regular employee , he has | ||||||
22 | at least 8 years of service , or, if he is a Tier 2 regular | ||||||
23 | member, he has at least 10 years of service . This service | ||||||
24 | requirement shall not
apply to any participating employee, | ||||||
25 | regardless of participation date, if the
General Assembly |
| |||||||
| |||||||
1 | terminates the Fund.
| ||||||
2 | (b) Retirement annuities shall be payable:
| ||||||
3 | 1. As provided in Section 7-119;
| ||||||
4 | 2. Except as provided in item 3, upon receipt by the | ||||||
5 | fund of a written
application. The effective date may be | ||||||
6 | not more than one
year prior to the date of the receipt by | ||||||
7 | the fund of the application;
| ||||||
8 | 3. Upon attainment of age 70 1/2 if the member (i) is | ||||||
9 | no longer in
service,
and (ii) is otherwise entitled to an | ||||||
10 | annuity under this Article;
| ||||||
11 | 4. To the beneficiary of the deceased annuitant for | ||||||
12 | the unpaid amount
accrued to date of death, if any.
| ||||||
13 | (Source: P.A. 97-328, eff. 8-12-11; 97-609, eff. 1-1-12.)
| ||||||
14 | (40 ILCS 5/7-141.1)
| ||||||
15 | Sec. 7-141.1. Early retirement incentive.
| ||||||
16 | (a) The General Assembly finds and declares that:
| ||||||
17 | (1) Units of local government across the State have | ||||||
18 | been functioning
under a financial crisis.
| ||||||
19 | (2) This financial crisis is expected to continue.
| ||||||
20 | (3) Units of local government must depend on | ||||||
21 | additional sources of
revenue and, when those sources are | ||||||
22 | not forthcoming, must establish
cost-saving programs.
| ||||||
23 | (4) An early retirement incentive designed | ||||||
24 | specifically to target
highly-paid senior employees could | ||||||
25 | result in significant annual cost
savings.
|
| |||||||
| |||||||
1 | (5) The early retirement incentive should be made | ||||||
2 | available only to
those units of local government that | ||||||
3 | determine that an early retirement
incentive is in their | ||||||
4 | best interest.
| ||||||
5 | (6) A unit of local government adopting a program of | ||||||
6 | early retirement
incentives under this Section is | ||||||
7 | encouraged to implement personnel procedures
to prohibit, | ||||||
8 | for at least 5 years, the rehiring (whether on payroll or | ||||||
9 | by
independent contract) of employees who receive early | ||||||
10 | retirement incentives.
| ||||||
11 | (7) A unit of local government adopting a program of | ||||||
12 | early retirement
incentives under this Section is also | ||||||
13 | encouraged to replace as few of the
participating | ||||||
14 | employees as possible and to hire replacement employees | ||||||
15 | for
salaries totaling no more than 80% of the total | ||||||
16 | salaries formerly paid to the
employees who participate in | ||||||
17 | the early retirement program.
| ||||||
18 | It is the primary purpose of this Section to encourage | ||||||
19 | units of local
government that can realize true cost savings, | ||||||
20 | or have determined that an early
retirement program is in | ||||||
21 | their best interest, to implement an early retirement
program.
| ||||||
22 | (b) Until June 27, 1997 ( the effective date of Public Act | ||||||
23 | 90-32) this amendatory Act of 1997 , this
Section does not | ||||||
24 | apply to any employer that is a city, village, or incorporated
| ||||||
25 | town, nor to the employees of any such employer. Beginning on | ||||||
26 | June 27, 1997 ( the effective
date of Public Act 90-32) this |
| |||||||
| |||||||
1 | amendatory Act of 1997 , any employer under this Article, | ||||||
2 | including
an employer that is a city, village, or incorporated | ||||||
3 | town, may establish an
early retirement incentive program for | ||||||
4 | its employees under this Section. The
decision of a city, | ||||||
5 | village, or incorporated town to consider or establish an
| ||||||
6 | early retirement program is at the sole discretion of that | ||||||
7 | city, village, or
incorporated town, and nothing in Public Act | ||||||
8 | 90-32 this amendatory Act of 1997 limits or
otherwise | ||||||
9 | diminishes this discretion. Nothing contained in this Section | ||||||
10 | shall
be construed to require a city, village, or incorporated | ||||||
11 | town to establish an
early retirement program and no city, | ||||||
12 | village, or incorporated town may be
compelled to implement | ||||||
13 | such a program.
| ||||||
14 | The benefits provided in this Section are available only | ||||||
15 | to members
employed by a participating employer that has filed | ||||||
16 | with the Board of the
Fund a resolution or ordinance expressly | ||||||
17 | providing for the creation of an
early retirement incentive | ||||||
18 | program under this Section for its employees and
specifying | ||||||
19 | the effective date of the early retirement incentive program.
| ||||||
20 | Subject to the limitation in subsection (h), an employer may | ||||||
21 | adopt a resolution
or ordinance providing a program of early | ||||||
22 | retirement incentives under this
Section at any time.
| ||||||
23 | The resolution or ordinance shall be in substantially the | ||||||
24 | following form:
| ||||||
25 | RESOLUTION (ORDINANCE) NO. ....
|
| |||||||
| |||||||
1 | A RESOLUTION (ORDINANCE) ADOPTING AN EARLY
| ||||||
2 | RETIREMENT INCENTIVE PROGRAM FOR EMPLOYEES
| ||||||
3 | IN THE ILLINOIS MUNICIPAL RETIREMENT FUND
| ||||||
4 | WHEREAS, Section 7-141.1 of the Illinois Pension Code | ||||||
5 | provides that a
participating employer may elect to adopt an | ||||||
6 | early retirement
incentive program offered by the Illinois | ||||||
7 | Municipal Retirement Fund by
adopting a resolution or | ||||||
8 | ordinance; and
| ||||||
9 | WHEREAS, The goal of adopting an early retirement program | ||||||
10 | is
to realize a substantial savings in personnel costs by | ||||||
11 | offering early
retirement incentives to employees who have | ||||||
12 | accumulated many years of
service credit; and
| ||||||
13 | WHEREAS, Implementation of the early retirement program | ||||||
14 | will provide a
budgeting tool to aid in controlling payroll | ||||||
15 | costs; and
| ||||||
16 | WHEREAS, The (name of governing body) has determined that | ||||||
17 | the adoption of an
early retirement incentive program is in | ||||||
18 | the best interests of the (name of
participating employer); | ||||||
19 | therefore be it
| ||||||
20 | RESOLVED (ORDAINED) by the (name of governing body) of | ||||||
21 | (name of
participating employer) that:
| ||||||
22 | (1) The (name of participating employer) does hereby adopt | ||||||
23 | the Illinois
Municipal Retirement Fund early retirement | ||||||
24 | incentive program as provided in
Section 7-141.1 of the | ||||||
25 | Illinois Pension Code. The early retirement incentive
program | ||||||
26 | shall take effect on (date).
|
| |||||||
| |||||||
1 | (2) In order to help achieve a true cost savings, a person | ||||||
2 | who retires under
the early retirement incentive program shall | ||||||
3 | lose those incentives if he or she
later accepts employment | ||||||
4 | with any IMRF employer in a position for which
participation | ||||||
5 | in IMRF is required or is elected by the employee.
| ||||||
6 | (3) In order to utilize an early retirement incentive as a | ||||||
7 | budgeting
tool, the (name of participating employer) will use | ||||||
8 | its best efforts either
to limit the number of employees who | ||||||
9 | replace the employees who retire under
the early retirement | ||||||
10 | program or to limit the salaries paid to the employees who
| ||||||
11 | replace the employees who retire under the early retirement | ||||||
12 | program.
| ||||||
13 | (4) The effective date of each employee's retirement under | ||||||
14 | this early
retirement program shall be set by (name of | ||||||
15 | employer) and shall be no
earlier than the effective date of | ||||||
16 | the program and no later than one year after
that effective | ||||||
17 | date; except that the employee may require that the retirement
| ||||||
18 | date set by the employer be no later than the June 30 next | ||||||
19 | occurring after the
effective date of the program and no | ||||||
20 | earlier than the date upon which the
employee qualifies for | ||||||
21 | retirement.
| ||||||
22 | (5) To be eligible for the early retirement incentive | ||||||
23 | under this Section,
the employee must have attained age 50 and | ||||||
24 | have at least 20 years of creditable
service by his or her | ||||||
25 | retirement date.
| ||||||
26 | (6) The (clerk or secretary) shall promptly file a |
| |||||||
| |||||||
1 | certified copy of
this resolution (ordinance) with the Board | ||||||
2 | of Trustees of the Illinois
Municipal Retirement Fund.
| ||||||
3 | CERTIFICATION
| ||||||
4 | I, (name), the (clerk or secretary) of the (name of | ||||||
5 | participating
employer) of the County of (name), State of | ||||||
6 | Illinois, do hereby certify
that I am the keeper of the books | ||||||
7 | and records of the (name of employer)
and that the foregoing is | ||||||
8 | a true and correct copy of a resolution
(ordinance) duly | ||||||
9 | adopted by the (governing body) at a meeting duly convened
and | ||||||
10 | held on (date).
| ||||||
11 | SEAL
| ||||||
12 | (Signature of clerk or secretary)
| ||||||
13 | (c) To be eligible for the benefits provided under an | ||||||
14 | early retirement
incentive program adopted under this Section, | ||||||
15 | a member must:
| ||||||
16 | (1) be a participating employee of this Fund who, on | ||||||
17 | the effective date of
the program, (i) is in active | ||||||
18 | payroll status as an employee of a participating
employer | ||||||
19 | that has filed the required ordinance or resolution with | ||||||
20 | the Board,
(ii) is on layoff status from such a position | ||||||
21 | with a right of re-employment or
recall to service, (iii) | ||||||
22 | is on a leave of absence from such a position, or (iv)
is | ||||||
23 | on disability but has not been receiving benefits under | ||||||
24 | Section 7-146 or
7-150 for a period of more than 2 years | ||||||
25 | from the date of application;
|
| |||||||
| |||||||
1 | (2) have never previously received a retirement | ||||||
2 | annuity under
this Article or under the Retirement Systems | ||||||
3 | Reciprocal Act using service
credit established under this | ||||||
4 | Article;
| ||||||
5 | (3) (blank);
| ||||||
6 | (4) have at least 20 years of creditable service in | ||||||
7 | the Fund by the date
of retirement, without the use of any | ||||||
8 | creditable service established under this
Section;
| ||||||
9 | (5) have attained age 50 by the date of retirement if | ||||||
10 | he or she is a Tier 1 regular employee or age 57 if he or | ||||||
11 | she is a Tier 2 regular employee , without the use of any
| ||||||
12 | age enhancement received under this Section; and
| ||||||
13 | (6) be eligible to receive a retirement annuity under | ||||||
14 | this Article by the
date of retirement, for which purpose | ||||||
15 | the age enhancement and creditable
service established | ||||||
16 | under this Section may be considered.
| ||||||
17 | (d) The employer shall determine the retirement date for | ||||||
18 | each employee
participating in the early retirement program | ||||||
19 | adopted under this Section. The
retirement date shall be no | ||||||
20 | earlier than the effective date of the program and
no later | ||||||
21 | than one year after that effective date, except that the | ||||||
22 | employee may
require that the retirement date set by the | ||||||
23 | employer be no later than the June
30 next occurring after the | ||||||
24 | effective date of the program and no earlier than
the date upon | ||||||
25 | which the employee qualifies for retirement. The employer | ||||||
26 | shall
give each employee participating in the early retirement |
| |||||||
| |||||||
1 | program at least 30
days written notice of the employee's | ||||||
2 | designated retirement date, unless the
employee waives this | ||||||
3 | notice requirement.
| ||||||
4 | (e) An eligible person may establish up to 5 years of | ||||||
5 | creditable service
under this Section. In addition, for each | ||||||
6 | period of creditable service
established under this Section, a | ||||||
7 | person shall have his or her age at
retirement deemed enhanced | ||||||
8 | by an equivalent period.
| ||||||
9 | The creditable service established under this Section may | ||||||
10 | be used for all
purposes under this Article and the Retirement | ||||||
11 | Systems Reciprocal Act,
except for the computation of final | ||||||
12 | rate of earnings and the determination
of earnings, salary, or | ||||||
13 | compensation under this or any other Article of the
Code.
| ||||||
14 | The age enhancement established under this Section may be | ||||||
15 | used for all
purposes under this Article (including | ||||||
16 | calculation of the reduction imposed
under subdivision | ||||||
17 | (a)1b(iv) of Section 7-142), except for purposes of a
| ||||||
18 | reversionary annuity under Section 7-145 and any distributions | ||||||
19 | required because
of age. The age enhancement established under | ||||||
20 | this Section may be used in
calculating a proportionate | ||||||
21 | annuity payable by this Fund under the Retirement
Systems | ||||||
22 | Reciprocal Act, but shall not be used in determining benefits | ||||||
23 | payable
under other Articles of this Code under the Retirement | ||||||
24 | Systems Reciprocal Act.
| ||||||
25 | (f) For all creditable service established under this | ||||||
26 | Section, the
member must pay to the Fund an employee |
| |||||||
| |||||||
1 | contribution consisting of the total employee contribution | ||||||
2 | rate in effect at the time the member purchases the service for | ||||||
3 | the plan in which the member was participating with the | ||||||
4 | employer at that time multiplied by the member's highest | ||||||
5 | annual salary rate used in the determination of the
final rate | ||||||
6 | of earnings for retirement annuity purposes for each year of
| ||||||
7 | creditable service granted under this Section.
Contributions | ||||||
8 | for fractions of a year of service shall be prorated.
Any | ||||||
9 | amounts that are disregarded in determining the final rate of | ||||||
10 | earnings
under subdivision (d)(5) of Section 7-116 (the 125% | ||||||
11 | rule) shall also be
disregarded in determining the required | ||||||
12 | contribution under this subsection (f).
| ||||||
13 | The employee contribution shall be paid to the Fund as | ||||||
14 | follows: If the
member is entitled to a lump sum payment for | ||||||
15 | accumulated vacation, sick leave,
or personal leave upon | ||||||
16 | withdrawal from service, the employer shall deduct the
| ||||||
17 | employee contribution from that lump sum and pay the deducted | ||||||
18 | amount directly
to the Fund. If there is no such lump sum | ||||||
19 | payment or the required employee
contribution exceeds the net | ||||||
20 | amount of the lump sum payment, then the remaining
amount due, | ||||||
21 | at the option of the employee, may either be paid to the Fund
| ||||||
22 | before the annuity commences or deducted from the retirement | ||||||
23 | annuity in 24
equal monthly installments.
| ||||||
24 | (g) An annuitant who has received any age enhancement or | ||||||
25 | creditable service
under this Section and thereafter accepts | ||||||
26 | employment with or enters into a
personal services contract |
| |||||||
| |||||||
1 | with an employer under this Article thereby forfeits
that age | ||||||
2 | enhancement and creditable service; except that this | ||||||
3 | restriction
does not apply to (1) service in an elective | ||||||
4 | office, so long as the annuitant
does not participate in this | ||||||
5 | Fund with respect to that office, (2) a person appointed as an | ||||||
6 | officer under subsection (f) of Section 3-109 of this Code, | ||||||
7 | and (3) a person appointed as an auxiliary police officer | ||||||
8 | pursuant to Section 3.1-30-5 of the Illinois Municipal Code. A | ||||||
9 | person
forfeiting early retirement incentives under this | ||||||
10 | subsection (i) must repay to
the Fund that portion of the | ||||||
11 | retirement annuity already received which is
attributable to | ||||||
12 | the early retirement incentives that are being forfeited, (ii)
| ||||||
13 | shall not be eligible to participate in any future early | ||||||
14 | retirement program
adopted under this Section, and (iii) is | ||||||
15 | entitled to a refund of the employee
contribution paid under | ||||||
16 | subsection (f). The Board shall deduct the required
repayment | ||||||
17 | from the refund and may impose a reasonable payment schedule | ||||||
18 | for
repaying the amount, if any, by which the required | ||||||
19 | repayment exceeds the refund
amount.
| ||||||
20 | (h) The additional unfunded liability accruing as a result | ||||||
21 | of the adoption
of a program of early retirement incentives | ||||||
22 | under this Section by an employer
shall be amortized over a | ||||||
23 | period of 10 years beginning on January 1 of the
second | ||||||
24 | calendar year following the calendar year in which the latest | ||||||
25 | date for
beginning to receive a retirement annuity under the | ||||||
26 | program (as determined by
the employer under subsection (d) of |
| |||||||
| |||||||
1 | this Section) occurs; except that the
employer may provide for | ||||||
2 | a shorter amortization period (of no less than 5
years) by | ||||||
3 | adopting an ordinance or resolution specifying the length of | ||||||
4 | the
amortization period and submitting a certified copy of the | ||||||
5 | ordinance or
resolution to the Fund no later than 6 months | ||||||
6 | after the effective date of the
program. An employer, at its | ||||||
7 | discretion, may accelerate payments to the Fund.
| ||||||
8 | An employer may provide more than one early retirement | ||||||
9 | incentive program
for its employees under this Section. | ||||||
10 | However, an employer that has provided
an early retirement | ||||||
11 | incentive program for its employees under this Section may
not | ||||||
12 | provide another early retirement incentive program under this | ||||||
13 | Section until the liability arising from the earlier program | ||||||
14 | has been fully paid to
the Fund.
| ||||||
15 | (Source: P.A. 99-382, eff. 8-17-15.)
| ||||||
16 | (40 ILCS 5/7-142) (from Ch. 108 1/2, par. 7-142) | ||||||
17 | Sec. 7-142. Retirement annuities - Amount. | ||||||
18 | (a) The amount of a retirement annuity shall be the sum of | ||||||
19 | the
following, determined in accordance with the actuarial | ||||||
20 | tables in effect at
the time of the grant of the annuity: | ||||||
21 | 1. For Tier 1 regular employees with 8 or more years of | ||||||
22 | service or for Tier 2 regular employees , an annuity
| ||||||
23 | computed pursuant to subparagraphs a or b of this | ||||||
24 | subparagraph 1,
whichever is the higher, and for employees | ||||||
25 | with less than 8 or 10 years of
service , respectively, the |
| |||||||
| |||||||
1 | annuity computed pursuant to subparagraph a: | ||||||
2 | a. The monthly annuity which can be provided from | ||||||
3 | the total
accumulated normal, municipality and prior | ||||||
4 | service credits, as of the
attained age of the | ||||||
5 | employee on the date the annuity begins provided
that | ||||||
6 | such annuity shall not exceed 75% of the final rate of | ||||||
7 | earnings of
the employee. | ||||||
8 | b. (i) The monthly annuity amount determined as | ||||||
9 | follows by
multiplying (a) 1 2/3% for annuitants with | ||||||
10 | not more than 15 years or (b)
1 2/3% for the first 15 | ||||||
11 | years and 2% for each year in excess of 15 years
for | ||||||
12 | annuitants with more than 15 years by the number of | ||||||
13 | years plus
fractional years, prorated on a basis of | ||||||
14 | months, of creditable service
and multiply the product | ||||||
15 | thereof by the employee's final rate of earnings. | ||||||
16 | (ii) For the sole purpose of computing the formula | ||||||
17 | (and not for the
purposes of the limitations | ||||||
18 | hereinafter stated) $125 shall be considered
the final | ||||||
19 | rate of earnings in all cases where the final rate of | ||||||
20 | earnings
is less than such amount. | ||||||
21 | (iii) The monthly annuity computed in accordance | ||||||
22 | with this
subparagraph b, shall not exceed an amount | ||||||
23 | equal to 75% of the final
rate of earnings. | ||||||
24 | (iv) For employees who have less than 35 years of | ||||||
25 | service, the
annuity computed in accordance with this | ||||||
26 | subparagraph b (as reduced by
application of |
| |||||||
| |||||||
1 | subparagraph (iii)
above) shall be reduced by 0.25% | ||||||
2 | thereof (0.5% if service was terminated
before January | ||||||
3 | 1, 1988 or if the employee is a Tier 2 regular | ||||||
4 | employee ) for each month or fraction thereof (1) that | ||||||
5 | the
employee's age is less than 60 years for Tier 1 | ||||||
6 | regular employees , or (2) that the employee's age is | ||||||
7 | less than 67 years for Tier 2 regular employees, or (3) | ||||||
8 | if the employee has at least
30 years of service | ||||||
9 | credit, that the employee's service credit is less | ||||||
10 | than
35 years, whichever is less, on the date the | ||||||
11 | annuity begins. | ||||||
12 | 2. The annuity which can be provided from the total | ||||||
13 | accumulated
additional credits as of the attained age of | ||||||
14 | the employee on the date
the annuity begins. | ||||||
15 | (b) If payment of an annuity begins prior to the earliest | ||||||
16 | age at
which the employee will become eligible for an old age | ||||||
17 | insurance benefit
under the Federal Social Security Act, he | ||||||
18 | may elect that the annuity
payments from this fund shall | ||||||
19 | exceed those payable after his attaining
such age by an | ||||||
20 | amount, computed as determined by rules of the Board, but
not | ||||||
21 | in excess of his estimated Social Security Benefit, determined | ||||||
22 | as
of the effective date of the annuity, provided that in no | ||||||
23 | case shall the
total annuity payments made by this fund exceed | ||||||
24 | in actuarial value the
annuity which would have been payable | ||||||
25 | had no such election been made. | ||||||
26 | (c) The retirement annuity shall be increased each year by |
| |||||||
| |||||||
1 | 2%, not
compounded, of the monthly amount of annuity, taking | ||||||
2 | into consideration
any adjustment under paragraph (b) of this | ||||||
3 | Section. This increase shall
be effective each January 1 and | ||||||
4 | computed from the effective date of the
retirement annuity, | ||||||
5 | the first increase being .167% of the monthly amount
times the | ||||||
6 | number of months from the effective date to January 1. | ||||||
7 | Beginning
January 1, 1984 and each January 1 thereafter, the | ||||||
8 | retirement annuity of a Tier 1 regular employee shall be | ||||||
9 | increased
by 3% each year, not compounded. This increase shall | ||||||
10 | be computed from the effective date of the retirement annuity, | ||||||
11 | the first increase being 0.25% of the monthly amount times the | ||||||
12 | number of months from the effective date to January 1. This | ||||||
13 | increase shall not be applicable to
annuitants who are not in | ||||||
14 | service on or after September 8, 1971. | ||||||
15 | A retirement annuity of a Tier 2 regular employee shall | ||||||
16 | receive annual increases on the January 1 occurring either on | ||||||
17 | or after the attainment of age 67 or the first anniversary of | ||||||
18 | the annuity start date, whichever is later. Each annual | ||||||
19 | increase shall be calculated at the lesser of 3% or one-half | ||||||
20 | the annual unadjusted percentage increase (but not less than | ||||||
21 | zero) in the consumer price index-u for the 12 months ending | ||||||
22 | with the September preceding each November 1 of the originally | ||||||
23 | granted retirement annuity. If the annual unadjusted | ||||||
24 | percentage change in the consumer price index-u for the 12 | ||||||
25 | months ending with the September preceding each November 1 is | ||||||
26 | zero or there is a decrease, then the annuity shall not be |
| |||||||
| |||||||
1 | increased. | ||||||
2 | (d) Any elected county officer who was entitled to receive | ||||||
3 | a stipend from the State on or after July 1, 2009 and on or | ||||||
4 | before June 30, 2010 may establish earnings credit for the | ||||||
5 | amount of stipend not received, if the elected county official | ||||||
6 | applies in writing to the fund within 6 months after the | ||||||
7 | effective date of this amendatory Act of the 96th General | ||||||
8 | Assembly and pays to the fund an amount equal to (i) employee | ||||||
9 | contributions on the amount of stipend not received, (ii) | ||||||
10 | employer contributions determined by the Board equal to the | ||||||
11 | employer's normal cost of the benefit on the amount of stipend | ||||||
12 | not received, plus (iii) interest on items (i) and (ii) at the | ||||||
13 | actuarially assumed rate. | ||||||
14 | (Source: P.A. 96-961, eff. 7-2-10.)
| ||||||
15 | (40 ILCS 5/7-144) (from Ch. 108 1/2, par. 7-144)
| ||||||
16 | Sec. 7-144. Retirement annuities - suspended during | ||||||
17 | employment.
| ||||||
18 | (a) If any person
receiving any annuity again becomes an | ||||||
19 | employee
and receives earnings from employment in a position | ||||||
20 | requiring him, or entitling him to elect, to
become a | ||||||
21 | participating employee, then the annuity payable to such | ||||||
22 | employee
shall be suspended as of the 1st day of the month | ||||||
23 | coincidental with or
next following the date upon which such | ||||||
24 | person becomes such an employee, unless the person is | ||||||
25 | authorized under subsection (b) of Section 7-137.1 of this |
| |||||||
| |||||||
1 | Code to continue receiving a retirement annuity during that | ||||||
2 | period.
Upon proper qualification of the participating | ||||||
3 | employee payment of such
annuity may be resumed on the 1st day | ||||||
4 | of the month following such
qualification and upon proper | ||||||
5 | application therefor. The participating
employee in such case | ||||||
6 | shall be entitled to a supplemental annuity
arising from | ||||||
7 | service and credits earned subsequent to such re-entry as a
| ||||||
8 | participating employee.
| ||||||
9 | Notwithstanding any other provision of this Article, an | ||||||
10 | annuitant shall be considered a participating employee if he | ||||||
11 | or she returns to work as an employee with a participating | ||||||
12 | employer and works more than 599 hours annually (or 999 hours | ||||||
13 | annually with a participating employer that has adopted a | ||||||
14 | resolution pursuant to subsection (e) of Section 7-137 of this | ||||||
15 | Code). Each of these annual periods shall commence on the | ||||||
16 | month and day upon which the annuitant is first employed with | ||||||
17 | the participating employer following the effective date of the | ||||||
18 | annuity. | ||||||
19 | (a-5) If any annuitant under this Article must be | ||||||
20 | considered a participating employee per the provisions of | ||||||
21 | subsection (a) of this Section, and the participating | ||||||
22 | municipality or participating instrumentality that employs or | ||||||
23 | re-employs that annuitant knowingly fails to notify the Board | ||||||
24 | to suspend the annuity, the participating municipality or | ||||||
25 | participating instrumentality may be required to reimburse the | ||||||
26 | Fund for an amount up to one-half of the total of any annuity |
| |||||||
| |||||||
1 | payments made to the annuitant after the date the annuity | ||||||
2 | should have been suspended, as determined by the Board. In no | ||||||
3 | case shall the total amount repaid by the annuitant plus any | ||||||
4 | amount reimbursed by the employer to the Fund be more than the | ||||||
5 | total of all annuity payments made to the annuitant after the | ||||||
6 | date the annuity should have been suspended. This subsection | ||||||
7 | shall not apply if the annuitant returned to work for the | ||||||
8 | employer for less than 12 months. | ||||||
9 | The Fund shall notify all annuitants that they must notify | ||||||
10 | the Fund immediately if they return to work for any | ||||||
11 | participating employer. The notification by the Fund shall | ||||||
12 | occur upon retirement and no less than annually thereafter in | ||||||
13 | a format determined by the Fund. The Fund shall also develop | ||||||
14 | and maintain a system to track annuitants who have returned to | ||||||
15 | work and notify the participating employer and annuitant at | ||||||
16 | least annually of the limitations on returning to work under | ||||||
17 | this Section. | ||||||
18 | (b) Supplemental annuities to persons who return to | ||||||
19 | service for less
than 48 months shall be computed under the | ||||||
20 | provisions of Sections 7-141,
7-142 and 7-143. In determining | ||||||
21 | whether an employee is eligible for an
annuity which requires | ||||||
22 | a minimum period of service, his entire period of
service | ||||||
23 | shall be taken into consideration but the supplemental annuity
| ||||||
24 | shall be based on earnings and service in the supplemental | ||||||
25 | period only.
The effective date of the suspended and | ||||||
26 | supplemental annuity for the
purpose of increases after |
| |||||||
| |||||||
1 | retirement shall be considered to be the
effective date of the | ||||||
2 | suspended annuity.
| ||||||
3 | (c) Supplemental annuities to persons who return to | ||||||
4 | service for 48
months or more shall be a monthly amount | ||||||
5 | determined as follows:
| ||||||
6 | (1) An amount shall be computed under subparagraph b | ||||||
7 | of paragraph
(1) of subsection (a) of Section 7-142, | ||||||
8 | considering all of the service
credits of the employee;
| ||||||
9 | (2) The actuarial value in monthly payments for life | ||||||
10 | of the annuity
payments made before suspension shall be | ||||||
11 | determined and subtracted from
the amount determined in | ||||||
12 | (1) above;
| ||||||
13 | (3) The monthly amount of the suspended annuity, with | ||||||
14 | any applicable
increases after retirement computed from | ||||||
15 | the effective date to the date
of reinstatement, shall be | ||||||
16 | subtracted from the amount determined in (2)
above and the | ||||||
17 | remainder shall be the amount of the supplemental annuity
| ||||||
18 | provided that this amount shall not be less than the | ||||||
19 | amount computed under
subsection (b) of this Section.
| ||||||
20 | (4) The suspended annuity shall be reinstated at an | ||||||
21 | amount including
any increases after retirement from the | ||||||
22 | effective date to date of
reinstatement.
| ||||||
23 | (5) The effective date of the combined suspended and | ||||||
24 | supplemental
annuities for the purposes of increases after | ||||||
25 | retirement shall be
considered to be the effective date of | ||||||
26 | the supplemental annuity.
|
| |||||||
| |||||||
1 | (d) If a Tier 2 regular employee becomes a member or | ||||||
2 | participant under any other system or fund created by this | ||||||
3 | Code and is employed on a full-time basis, except for those | ||||||
4 | members or participants exempted from the provisions of | ||||||
5 | subsection (a) of Section 1-160 of this Code (other than a | ||||||
6 | participating employee under this Article), then the person's | ||||||
7 | retirement annuity shall be suspended during that employment. | ||||||
8 | Upon termination of that employment, the person's retirement | ||||||
9 | annuity shall resume and be recalculated as required by this | ||||||
10 | Section. | ||||||
11 | (e) If a Tier 2 regular employee first began participation | ||||||
12 | on or after January 1, 2012 and is receiving a retirement | ||||||
13 | annuity and accepts on a contractual basis a position to | ||||||
14 | provide services to a governmental entity from which he or she | ||||||
15 | has retired, then that person's annuity or retirement pension | ||||||
16 | shall be suspended during that contractual service, | ||||||
17 | notwithstanding the provisions of any other Section in this | ||||||
18 | Article. Such annuitant shall notify the Fund, as well as his | ||||||
19 | or her contractual employer, of his or her retirement status | ||||||
20 | before accepting contractual employment. A person who fails to | ||||||
21 | submit such notification shall be guilty of a Class A | ||||||
22 | misdemeanor and required to pay a fine of $1,000. Upon | ||||||
23 | termination of that contractual employment, the person's | ||||||
24 | retirement annuity shall resume and be recalculated as | ||||||
25 | required by this Section. | ||||||
26 | (Source: P.A. 98-389, eff. 8-16-13; 99-745, eff. 8-5-16.)
|
| |||||||
| |||||||
1 | (40 ILCS 5/7-156) (from Ch. 108 1/2, par. 7-156)
| ||||||
2 | Sec. 7-156. Surviving spouse annuities - amount.
| ||||||
3 | (a) The amount of surviving spouse annuity shall be:
| ||||||
4 | 1. Upon the death of an employee annuitant or such person | ||||||
5 | entitled, upon
application, to a retirement annuity at date of | ||||||
6 | death, (i) an amount equal
to 1/2 50% for a Tier 1 regular | ||||||
7 | employee or 66 2/3% for a Tier 2 regular employee of the | ||||||
8 | retirement annuity which was or would
have been payable | ||||||
9 | exclusive of the amount so payable which was provided from
| ||||||
10 | additional credits, and disregarding any election made under | ||||||
11 | paragraph (b) of
Section 7-142, plus (ii) an annuity which | ||||||
12 | could be provided at the then
attained age of the surviving | ||||||
13 | spouse and under actuarial tables then in effect,
from the | ||||||
14 | excess of the additional credits, (excluding any such credits | ||||||
15 | used to
create a reversionary annuity) used to provide the | ||||||
16 | annuity granted pursuant to
paragraph (a) (2) of Section 7-142 | ||||||
17 | of this article over the total annuity
payments made pursuant | ||||||
18 | thereto.
| ||||||
19 | 2. Upon the death of a participating employee on or after | ||||||
20 | attainment of
age 55, an amount equal to 1/2 50% for a Tier 1 | ||||||
21 | regular employee or 66 2/3% for a Tier 2 regular employee of | ||||||
22 | the retirement annuity
which he could have had as of the date | ||||||
23 | of death had he then retired and applied
for annuity, | ||||||
24 | exclusive of the portion thereof which could have been | ||||||
25 | provided
from additional credits, and disregarding paragraph |
| |||||||
| |||||||
1 | (b) of Section 7-142,
plus an amount equal to the annuity which | ||||||
2 | could be provided from the total
of his accumulated additional | ||||||
3 | credits at date of death, on the basis of the
attained age of | ||||||
4 | the surviving spouse on such date.
| ||||||
5 | 3. Upon the death of a participating employee before age | ||||||
6 | 55, an amount equal
to 1/2 50% for a Tier 1 regular employee or | ||||||
7 | 66 2/3% for a Tier 2 regular employee of the retirement annuity | ||||||
8 | which he could have had
as of his attained age on the date of | ||||||
9 | death, had he then retired and applied
for annuity, and the | ||||||
10 | provisions of this Article that no such annuity shall
begin | ||||||
11 | until the employee has attained at least age 55 were not | ||||||
12 | applicable,
exclusive of the portion thereof which could have | ||||||
13 | been provided from
additional credits and disregarding | ||||||
14 | paragraph (b) of Section 7-142, plus an
amount equal to the | ||||||
15 | annuity which could be provided from the total of his
| ||||||
16 | accumulated additional credits at date of death, on the basis | ||||||
17 | of the
attained age of the surviving spouse on such date.
| ||||||
18 | In the case of the surviving spouse of a person who dies | ||||||
19 | before June 1, 2006 ( the
effective date of Public Act 94-712) | ||||||
20 | this amendatory Act of the 94th General Assembly , if
the | ||||||
21 | surviving spouse is more than 5 years younger than the | ||||||
22 | deceased,
that portion of the annuity which is not based on | ||||||
23 | additional credits shall
be reduced in the ratio of the value | ||||||
24 | of a life annuity of $1 per year at an
age of 5 years less than | ||||||
25 | the attained age of the deceased, at the earlier
of the date of | ||||||
26 | the death or the date his retirement annuity begins, to the
|
| |||||||
| |||||||
1 | value of a life annuity of $1 per year at the attained age of | ||||||
2 | the surviving
spouse on such date, according to actuarial | ||||||
3 | tables approved by the Board.
This reduction does not apply to | ||||||
4 | the surviving spouse of a person who dies
on or after June 1, | ||||||
5 | 2006 ( the effective date of Public Act 94-712) this amendatory | ||||||
6 | Act of the 94th General
Assembly .
| ||||||
7 | In computing the amount of a surviving spouse annuity, | ||||||
8 | incremental increases
of retirement annuities to the date of | ||||||
9 | death of the employee annuitant shall be
considered.
| ||||||
10 | (b) If the employee was a Tier 1 regular employee, each | ||||||
11 | Each surviving spouse annuity payable on January 1, 1988 shall | ||||||
12 | be
increased on that date by 3% of the original amount of the | ||||||
13 | annuity. Each
surviving spouse annuity that begins after | ||||||
14 | January 1, 1988 shall be
increased on the January 1 next | ||||||
15 | occurring after the annuity begins, by an
amount equal to (i) | ||||||
16 | 3% of the original amount thereof if the deceased
employee was | ||||||
17 | receiving a retirement annuity at the time of his death; | ||||||
18 | otherwise
(ii) 0.25% 0.167% of the original amount thereof for | ||||||
19 | each complete
month which has elapsed since the date the | ||||||
20 | annuity began.
| ||||||
21 | On each January 1 after the date of the initial increase | ||||||
22 | under this
subsection, each surviving spouse annuity shall be | ||||||
23 | increased by 3% of the
originally granted amount of the | ||||||
24 | annuity.
| ||||||
25 | (c) If the participating employee was a Tier 2 regular | ||||||
26 | employee, each surviving spouse annuity shall be increased (1) |
| |||||||
| |||||||
1 | on each January 1 occurring on or after the commencement of the | ||||||
2 | annuity if the deceased member died while receiving a | ||||||
3 | retirement annuity or (2) in other cases, on each January 1 | ||||||
4 | occurring after the first anniversary of the commencement of | ||||||
5 | the annuity. Such annual increase shall be calculated at 3% or | ||||||
6 | one-half the annual unadjusted percentage increase (but not | ||||||
7 | less than zero) in the consumer price index-u for the 12 months | ||||||
8 | ending with the September preceding each November 1, whichever | ||||||
9 | is less, of the originally granted surviving spouse annuity. | ||||||
10 | If the annual unadjusted percentage change in the consumer | ||||||
11 | price index-u for the 12 months ending with the September | ||||||
12 | preceding each November 1 is zero or there is a decrease, then | ||||||
13 | the annuity shall not be increased. | ||||||
14 | (Source: P.A. 94-712, eff. 6-1-06 .)
| ||||||
15 | (40 ILCS 5/7-191) (from Ch. 108 1/2, par. 7-191)
| ||||||
16 | Sec. 7-191. To have accounts audited.
| ||||||
17 | To have the accounts of the fund audited annually by a | ||||||
18 | certified public
accountant approved by the Auditor General .
| ||||||
19 | (Source: Laws 1963, p. 161.)
| ||||||
20 | Article 15. | ||||||
21 | Section 15-5. The Illinois Pension Code is amended by | ||||||
22 | changing Section 13-310 as follows:
|
| |||||||
| |||||||
1 | (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)
| ||||||
2 | Sec. 13-310. Ordinary disability benefit.
| ||||||
3 | (a) Any employee who becomes disabled as the result of
any | ||||||
4 | cause other than injury or illness incurred in the performance | ||||||
5 | of duty
for the employer or any other employer, or while | ||||||
6 | engaged in self-employment
activities, shall be entitled to an | ||||||
7 | ordinary disability benefit. The
eligible period for this | ||||||
8 | benefit shall be 25% of the employee's total
actual service | ||||||
9 | prior to the date of disability with a cumulative maximum
| ||||||
10 | period of 5 years.
| ||||||
11 | (b) The benefit shall be allowed only if the employee | ||||||
12 | files an
application in writing with the Board, and a medical | ||||||
13 | report is submitted by
at least one licensed and practicing | ||||||
14 | physician as part of the employee's
application.
| ||||||
15 | The benefit is not payable for any disability which begins | ||||||
16 | during any
period of unpaid leave of absence. No benefit shall | ||||||
17 | be allowed for any
period of disability prior to 30 days before | ||||||
18 | application is made, unless
the Board finds good cause for the | ||||||
19 | delay in filing the application. The
benefit shall not be paid | ||||||
20 | during any period for which the employee receives
or is | ||||||
21 | entitled to receive any part of salary.
| ||||||
22 | The benefit is not payable for any disability which begins | ||||||
23 | during any
period of absence from duty other than allowable | ||||||
24 | vacation time in any
calendar year. An employee whose | ||||||
25 | disability begins during any such
ineligible period of absence | ||||||
26 | from service may not receive benefits until
the employee |
| |||||||
| |||||||
1 | recovers from the disability and is in service for at least 15
| ||||||
2 | consecutive working days after such recovery.
| ||||||
3 | In the case of an employee who first enters service on or | ||||||
4 | after June 13,
1997, an ordinary disability benefit
is not | ||||||
5 | payable for the first 3 days of disability that would | ||||||
6 | otherwise be
payable under this Section if the disability does | ||||||
7 | not continue for at least 11
additional days.
| ||||||
8 | Beginning on the effective date of this amendatory Act of | ||||||
9 | the 94th General Assembly, an employee who first entered | ||||||
10 | service on or after June 13, 1997 is also eligible for ordinary | ||||||
11 | disability benefits on the 31st day after the last day worked, | ||||||
12 | provided all sick leave is exhausted.
| ||||||
13 | (c) The benefit shall be 50% of the employee's salary at | ||||||
14 | the date of
disability, and shall terminate when the earliest | ||||||
15 | of the following occurs:
| ||||||
16 | (1) The employee returns to work or receives a | ||||||
17 | retirement annuity paid
wholly or in part under this | ||||||
18 | Article;
| ||||||
19 | (2) The disability ceases;
| ||||||
20 | (3) The employee willfully and continuously refuses to | ||||||
21 | follow medical
advice and treatment to enable the employee | ||||||
22 | to return to
work. However this provision does not apply | ||||||
23 | to an employee who relies in good
faith on treatment by | ||||||
24 | prayer through spiritual means alone in accordance with
| ||||||
25 | the tenets and practice of a recognized church or | ||||||
26 | religious denomination, by a
duly accredited practitioner |
| |||||||
| |||||||
1 | thereof;
| ||||||
2 | (4) The employee (i) refuses to submit to a reasonable | ||||||
3 | physical
examination within 30 days of application by a | ||||||
4 | physician appointed by the
Board, (ii) in the case of | ||||||
5 | chronic alcoholism, the employee refuses
to join a | ||||||
6 | rehabilitation program licensed by the Department of | ||||||
7 | Public Health of
the State of Illinois and certified by | ||||||
8 | the Joint Commission on the
Accreditation of Hospitals, | ||||||
9 | (iii) fails or refuses to consent to and sign an
| ||||||
10 | authorization allowing the Board to receive copies of or | ||||||
11 | to examine the
employee's medical and hospital records, or | ||||||
12 | (iv) fails or refuses to provide
complete information | ||||||
13 | regarding any other employment for compensation he or she
| ||||||
14 | has received since becoming disabled; or
| ||||||
15 | (5) The eligible period for this benefit has been | ||||||
16 | exhausted.
| ||||||
17 | The first payment of the benefit shall be made not later | ||||||
18 | than one month
after the same has been granted, and subsequent | ||||||
19 | payments shall be made at least monthly
intervals of not more | ||||||
20 | than 30 days .
| ||||||
21 | (Source: P.A. 94-621, eff. 8-18-05.)
| ||||||
22 | Article 20. | ||||||
23 | Section 20-5. The Illinois Pension Code is amended by | ||||||
24 | changing Sections 17-140 and 17-151.1 as follows:
|
| |||||||
| |||||||
1 | (40 ILCS 5/17-140) (from Ch. 108 1/2, par. 17-140)
| ||||||
2 | Sec. 17-140. Board officers. The president, recording | ||||||
3 | secretary and other officers of the Board shall
be elected by | ||||||
4 | and from the members of the Board board at the first meeting of | ||||||
5 | the
Board after the election of trustees.
| ||||||
6 | In case any officer whose signature appears upon any check | ||||||
7 | or draft,
issued pursuant to this Article, ceases (after | ||||||
8 | attaching his signature) to
hold his office , the before the | ||||||
9 | delivery thereof to the payee, his signature
nevertheless | ||||||
10 | shall be valid and sufficient for all purposes with the same
| ||||||
11 | effect as if he had remained in office until delivery thereof .
| ||||||
12 | (Source: P.A. 90-566, eff. 1-2-98.)
| ||||||
13 | (40 ILCS 5/17-151.1) | ||||||
14 | Sec. 17-151.1. Recovery of amount paid in error. | ||||||
15 | (a) The Board may retain out of any annuity or benefit | ||||||
16 | payable to any person any amount that the Board determines is | ||||||
17 | owing to the Fund because (i) required employee contributions | ||||||
18 | were not made in whole or in part, (ii) employee or member | ||||||
19 | obligations to return refunds were not met, or (iii) money was | ||||||
20 | paid to any employee, member, or annuitant through | ||||||
21 | misrepresentation, fraud, or error. | ||||||
22 | If the Fund mistakenly sets any benefit at an incorrect | ||||||
23 | amount, the Fund shall recalculate the benefit as soon as may | ||||||
24 | be practicable after the mistake is discovered. The Fund shall |
| |||||||
| |||||||
1 | provide the recipient, or the survivor or beneficiary of the | ||||||
2 | recipient, as the case may be, with at least 60 days' notice of | ||||||
3 | the corrected amount. | ||||||
4 | If the benefit was mistakenly set too low, the Fund shall | ||||||
5 | make a lump sum payment to the recipient, or the survivor or | ||||||
6 | beneficiary of the recipient, as the case may be, of an amount | ||||||
7 | equal to the difference between the benefits that should have | ||||||
8 | been paid and those actually paid, plus interest at the rate of | ||||||
9 | 3% from the date the unpaid amounts accrued to the date of | ||||||
10 | payment. | ||||||
11 | If the benefit was mistakenly set too high, the Fund may | ||||||
12 | recover the amount overpaid from the recipient, or the | ||||||
13 | survivor or beneficiary of the recipient, as the case may be, | ||||||
14 | plus interest at 3% from the date of overpayment to the date of | ||||||
15 | recovery. The recipient, or the survivor or beneficiary of the | ||||||
16 | recipient, as the case may be, may elect to repay the sum owed | ||||||
17 | either directly by a lump sum payment, in agreed-upon monthly | ||||||
18 | payments over a period not to exceed 5 years, or through an | ||||||
19 | actuarial equivalent reduction of the corrected benefit. | ||||||
20 | However, if (1) the amount of the benefit was mistakenly set | ||||||
21 | too high, (2) the error was undiscovered for 3 years or longer | ||||||
22 | from the date of the first mistaken benefit payment, and (3) | ||||||
23 | the error was not the result of incorrect information supplied | ||||||
24 | by the affected member, then upon discovery of the mistake the | ||||||
25 | benefit shall be adjusted to the correct level, but the | ||||||
26 | recipient of the benefit shall not be required to repay to the |
| |||||||
| |||||||
1 | Fund the excess amounts received in error. | ||||||
2 | (b) The Board and the Fund shall be held free from any | ||||||
3 | liability for any money retained or paid in accordance with | ||||||
4 | this Section, and the employee, member, or pensioner shall be | ||||||
5 | assumed to have assented and agreed to the disposition of | ||||||
6 | money due. | ||||||
7 | (c) The changes made by this amendatory Act of the 94th | ||||||
8 | General Assembly are not limited to persons in service on or | ||||||
9 | after the effective date of this amendatory Act.
| ||||||
10 | (Source: P.A. 94-425, eff. 8-2-05.)
| ||||||
11 | Article 25. | ||||||
12 | Section 25-5. The Illinois Pension Code is amended by | ||||||
13 | changing Section 17-106.1 as follows:
| ||||||
14 | (40 ILCS 5/17-106.1)
| ||||||
15 | Sec. 17-106.1. Administrator. Administrator means a member | ||||||
16 | who (i) is employed in a position that requires him or her to | ||||||
17 | hold a professional educator license with an administrative | ||||||
18 | endorsement Type 75 Certificate issued by the State Board of | ||||||
19 | Education State Teacher Certification Board , (ii) is not on | ||||||
20 | the Chicago teachers' or the Chicago charter school teachers' | ||||||
21 | salary schedule, or (iii) is paid on an administrative | ||||||
22 | payroll.
| ||||||
23 | (Source: P.A. 94-514, eff. 8-10-05; 94-912, eff. 6-23-06.)
|
| |||||||
| |||||||
1 | Article 30. | ||||||
2 | Section 30-5. The Illinois Pension Code is amended by | ||||||
3 | changing Section 17-131 as follows:
| ||||||
4 | (40 ILCS 5/17-131) (from Ch. 108 1/2, par. 17-131)
| ||||||
5 | Sec. 17-131. Administration of payroll deductions. | ||||||
6 | (a) An Employer or the Board shall make pension deductions | ||||||
7 | in each pay period on the basis of the salary earned in that | ||||||
8 | period, exclusive of salaries for overtime, extracurricular | ||||||
9 | activities, or any employment on an optional basis, such as in | ||||||
10 | summer school. | ||||||
11 | (b) If a salary paid in a pay period includes adjustments | ||||||
12 | on account of errors or omissions in prior pay periods, then | ||||||
13 | salary amounts and related pension deductions shall be | ||||||
14 | separately identified as to the adjusted pay period and | ||||||
15 | deductions by the Employer or the Board shall be at rates in | ||||||
16 | force during the applicable adjusted pay period. | ||||||
17 | (c) If members earn salaries for the school year, as | ||||||
18 | established by an Employer, or if they earn annual salaries | ||||||
19 | over more than a 10-calendar month period, or if they earn | ||||||
20 | annual salaries over more than 170 calendar days, the required | ||||||
21 | contribution amount shall be deducted by the Employer in | ||||||
22 | installments on the basis of salary earned in each pay period. | ||||||
23 | The total amounts for each pay period shall be deducted |
| |||||||
| |||||||
1 | whenever salary payments represent a partial or whole day's | ||||||
2 | pay. | ||||||
3 | (d) If an Employer or the Board pays a salary to a member | ||||||
4 | for vacation periods, then the salary shall be considered part | ||||||
5 | of the member's pensionable salary, shall be subject to the | ||||||
6 | standard deductions for pension contributions, and shall be | ||||||
7 | considered to represent pay for the number of whole days of | ||||||
8 | vacation. | ||||||
9 | (e) If deductions from salaries result in amounts of less | ||||||
10 | than one cent, the fractional sums shall be increased to the | ||||||
11 | next higher cent. Any excess of these fractional increases | ||||||
12 | over the prescribed annual contributions shall be credited to | ||||||
13 | the members' accounts. | ||||||
14 | (f) In the event that, pursuant to Section 17-130.1, | ||||||
15 | employee contributions are picked up or made by the Employer | ||||||
16 | or the Board of Education on behalf of its employees, then the | ||||||
17 | amount of the employee contributions which are picked up or | ||||||
18 | made in that manner shall not be deducted from the salaries of | ||||||
19 | such employees.
| ||||||
20 | (Source: P.A. 101-261, eff. 8-9-19.)
| ||||||
21 | Article 35. | ||||||
22 | Section 35-5. The Illinois Pension Code is amended by | ||||||
23 | changing Section 15-159 as follows:
|
| |||||||
| |||||||
1 | (40 ILCS 5/15-159) (from Ch. 108 1/2, par. 15-159)
| ||||||
2 | Sec. 15-159. Board created. | ||||||
3 | (a) A board of trustees constituted as provided in
this | ||||||
4 | Section shall administer this System. The board shall be known | ||||||
5 | as the
Board of Trustees of the State Universities Retirement | ||||||
6 | System.
| ||||||
7 | (b) (Blank).
| ||||||
8 | (c) (Blank).
| ||||||
9 | (d) Beginning on the 90th day after April 3, 2009 (the | ||||||
10 | effective date of Public Act 96-6), the Board of Trustees | ||||||
11 | shall be constituted as follows: | ||||||
12 | (1) The Chairperson of the Board of Higher Education. | ||||||
13 | (2) Four trustees appointed by the Governor with the | ||||||
14 | advice and consent of the Senate who may not be members of | ||||||
15 | the system or hold an elective State office and who shall | ||||||
16 | serve for a term of 6 years, except that the terms of the | ||||||
17 | initial appointees under this subsection (d) shall be as | ||||||
18 | follows: 2 for a term of 3 years and 2 for a term of 6 | ||||||
19 | years. The term of an appointed trustee shall terminate | ||||||
20 | immediately upon becoming a member of the system or being | ||||||
21 | sworn into an elective State office, and the position | ||||||
22 | shall be considered to be vacant and shall be filled | ||||||
23 | pursuant to subsection (f) of this Section. | ||||||
24 | (3) Four participating employees active participants | ||||||
25 | of the system to be elected from the contributing | ||||||
26 | membership of the system by the
contributing members, no |
| |||||||
| |||||||
1 | more than 2 of which may be from any of the University of | ||||||
2 | Illinois campuses, who shall serve for a term of 6 years, | ||||||
3 | except that the terms of the initial electees shall be as | ||||||
4 | follows: 2 for a term of 3 years and 2 for a term of 6 | ||||||
5 | years. | ||||||
6 | (4) Two annuitants of
the system who have been | ||||||
7 | annuitants for at least one full year, to be
elected from | ||||||
8 | and by the annuitants of the system, no more than one of | ||||||
9 | which may be from any of the University of Illinois | ||||||
10 | campuses, who shall serve for a term of 6 years, except | ||||||
11 | that the terms of the initial electees shall be as | ||||||
12 | follows: one for a term of 3 years and one for a term of 6 | ||||||
13 | years. | ||||||
14 | The chairperson of the Board shall be appointed by the | ||||||
15 | Governor from among the trustees. | ||||||
16 | For the purposes of this Section, the Governor may make a | ||||||
17 | nomination and the Senate may confirm the nominee in advance | ||||||
18 | of the commencement of the nominee's term of office. | ||||||
19 | (e) The 6 elected trustees shall be elected within 90 days | ||||||
20 | after April 3, 2009 (the effective date of Public Act 96-6) for | ||||||
21 | a term beginning on the 90th day after that effective date. | ||||||
22 | Trustees shall be elected thereafter as terms expire for a | ||||||
23 | 6-year term beginning July 15 next following their election, | ||||||
24 | and such election shall be held on May 1, or on May 2 when May | ||||||
25 | 1 falls on a Sunday. The board may establish rules for the | ||||||
26 | election of trustees to implement the provisions of Public Act |
| |||||||
| |||||||
1 | 96-6 and for future elections. Candidates for the | ||||||
2 | participating trustee shall be nominated by petitions in | ||||||
3 | writing, signed by not less than 400 participants with their | ||||||
4 | addresses shown opposite their names. Candidates for the | ||||||
5 | annuitant trustee shall be nominated by petitions in writing, | ||||||
6 | signed by not less than 100 annuitants with their addresses | ||||||
7 | shown opposite their names. If there is more than one | ||||||
8 | qualified nominee for each elected trustee, then the board | ||||||
9 | shall conduct a secret ballot election by mail for that | ||||||
10 | trustee, in accordance with rules as established by the board. | ||||||
11 | If there is only one qualified person nominated by petition | ||||||
12 | for each elected trustee, then the election as required by | ||||||
13 | this Section shall not be conducted for that trustee and the | ||||||
14 | board shall declare such nominee duly elected. A vacancy | ||||||
15 | occurring in the elective membership of the board shall be | ||||||
16 | filled for the unexpired term by the elected trustees serving | ||||||
17 | on the board for the remainder of the term. Nothing in this | ||||||
18 | subsection shall preclude the adoption of rules providing for | ||||||
19 | internet or phone balloting in addition, or as an alternative, | ||||||
20 | to election by mail. | ||||||
21 | (f) A vacancy in the appointed membership on the board of | ||||||
22 | trustees caused by resignation,
death, expiration of term of | ||||||
23 | office, or other reason shall be filled by a
qualified person | ||||||
24 | appointed by the Governor for the remainder of the unexpired
| ||||||
25 | term.
| ||||||
26 | (g) Trustees (other than the trustees incumbent on June |
| |||||||
| |||||||
1 | 30, 1995 or as provided in subsection (c) of this Section)
| ||||||
2 | shall continue in office until their respective successors are | ||||||
3 | appointed
and have qualified, except that a trustee elected | ||||||
4 | appointed to one of the participating employee
participant | ||||||
5 | positions after the effective date of this amendatory Act of | ||||||
6 | the 102nd General Assembly shall be disqualified immediately | ||||||
7 | upon the termination of
his or her status as a participating | ||||||
8 | employee participant and a trustee elected appointed to one of | ||||||
9 | the
annuitant positions after the effective date of this | ||||||
10 | amendatory Act of the 102nd General Assembly shall be | ||||||
11 | disqualified immediately upon the termination of
his or her | ||||||
12 | status as an annuitant receiving a retirement annuity.
| ||||||
13 | An elected trustee who is incumbent on the effective date | ||||||
14 | of this amendatory Act of the 102nd General Assembly whose | ||||||
15 | status as a participating employee or annuitant has terminated | ||||||
16 | after having been elected shall continue to serve in the | ||||||
17 | participating employee or annuitant position to which he or | ||||||
18 | she was elected for the remainder of the term. | ||||||
19 | (h) Each trustee must take an oath of office
before a | ||||||
20 | notary public of this State and shall qualify as a trustee upon | ||||||
21 | the
presentation to the board of a certified copy of the oath. | ||||||
22 | The oath must state
that the person will diligently and | ||||||
23 | honestly administer the affairs of the
retirement system, and | ||||||
24 | will not knowingly violate or willfully permit to be
violated | ||||||
25 | any provisions of this Article.
| ||||||
26 | Each trustee shall serve without compensation but shall be |
| |||||||
| |||||||
1 | reimbursed for
expenses necessarily incurred in attending | ||||||
2 | board meetings and carrying out his
or her duties as a trustee | ||||||
3 | or officer of the system.
| ||||||
4 | (Source: P.A. 101-610, eff. 1-1-20.)
| ||||||
5 | Article 40. | ||||||
6 | Section 40-5. The Illinois Pension Code is amended by | ||||||
7 | changing Section 10-107 as follows:
| ||||||
8 | (40 ILCS 5/10-107) (from Ch. 108 1/2, par. 10-107)
| ||||||
9 | Sec. 10-107. Financing - Tax levy. The forest preserve | ||||||
10 | district may
levy an annual tax on the value, as equalized or | ||||||
11 | assessed by the
Department of Revenue, of all taxable property | ||||||
12 | in the
district for the purpose of providing revenue for the | ||||||
13 | fund. The rate of
such tax in any year may not exceed the rate | ||||||
14 | herein specified for that
year or the rate which will produce, | ||||||
15 | when extended, the sum herein
stated for that year, whichever | ||||||
16 | is higher: for any year prior to 1970,
.00103% or $195,000; for | ||||||
17 | the year 1970, .00111% or $210,000; for the
year 1971, .00116% | ||||||
18 | or $220,000. For the year 1972 and each year
thereafter, the | ||||||
19 | Forest Preserve District shall levy a tax annually at a
rate on | ||||||
20 | the dollar of the value, as equalized or assessed by the
| ||||||
21 | Department of Revenue upon all taxable property in the
county, | ||||||
22 | when extended, not to exceed an amount equal to the total | ||||||
23 | amount
of contributions by the employees to the fund made in |
| |||||||
| |||||||
1 | the calendar year
2 years prior to the year for which the | ||||||
2 | annual applicable tax is levied,
multiplied by 1.25 for the | ||||||
3 | year 1972; and by 1.30 for the year 1973 and
for each year | ||||||
4 | thereafter.
| ||||||
5 | The tax shall be levied and collected in like manner with | ||||||
6 | the general
taxes of the district and shall be in addition to | ||||||
7 | the maximum of all
other tax rates which the district may levy | ||||||
8 | upon the aggregate valuation
of all taxable property and shall | ||||||
9 | be exclusive of and in addition to the
maximum amount and rate | ||||||
10 | of taxes the district may levy for general
purposes or under | ||||||
11 | and by virtue of any laws which limit the amount of
tax which | ||||||
12 | the district may levy for general purposes. The county clerk
| ||||||
13 | of the county in which the forest preserve district is located | ||||||
14 | in
reducing tax levies under the provisions of "An Act | ||||||
15 | concerning the levy
and extension of taxes", approved May 9, | ||||||
16 | 1901, as amended, shall not
consider any such tax as a part of | ||||||
17 | the general tax levy for forest
preserve purposes, and shall | ||||||
18 | not include the same in the limitation of
1% of the assessed | ||||||
19 | valuation upon which taxes are required to be
extended, and | ||||||
20 | shall not reduce the same under the provisions of that
Act. The | ||||||
21 | proceeds of the tax herein authorized shall be kept as a
| ||||||
22 | separate fund. | ||||||
23 | The forest preserve district may use other lawfully | ||||||
24 | available funds in lieu of all or part of the levy.
| ||||||
25 | The Board may establish a manpower program reserve, or a | ||||||
26 | special
forest preserve district contribution rate, with |
| |||||||
| |||||||
1 | respect to employees
whose wages are funded as program | ||||||
2 | participants under the Comprehensive
Employment and Training | ||||||
3 | Act of 1973 in the manner provided in subsection
(d) or (e), | ||||||
4 | respectively, of Section 9-169.
| ||||||
5 | (Source: P.A. 81-1509.)
| ||||||
6 | Article 45. | ||||||
7 | Section 45-5. The Illinois Pension Code is amended by | ||||||
8 | changing Section 9-158 as follows:
| ||||||
9 | (40 ILCS 5/9-158) (from Ch. 108 1/2, par. 9-158)
| ||||||
10 | Sec. 9-158. Proof of disability, duty and ordinary. Proof | ||||||
11 | of duty or ordinary disability shall be furnished to the board | ||||||
12 | by
at least one licensed and practicing physician appointed by | ||||||
13 | or acceptable to the board, except that this requirement may | ||||||
14 | be waived by the board for proof of duty disability if the | ||||||
15 | employee has been compensated by the county for such | ||||||
16 | disability or specific loss under the Workers' Compensation | ||||||
17 | Act or Workers' Occupational Diseases Act. The physician | ||||||
18 | requirement may also be waived by the board for ordinary | ||||||
19 | disability maternity claims of up to 8 weeks. With respect to | ||||||
20 | duty disability, satisfactory proof must be provided to the | ||||||
21 | board that the final adjudication of the claim required under | ||||||
22 | subsection (d) of Section 9-159 established that the | ||||||
23 | disability or death resulted from an injury incurred in the |
| |||||||
| |||||||
1 | performance of an act or acts of duty. The
board may require | ||||||
2 | other evidence of disability. Each disabled employee who
| ||||||
3 | receives duty or ordinary disability benefit shall be examined | ||||||
4 | at least
once a year or a longer period of time as determined | ||||||
5 | by the board, by one or more licensed and practicing | ||||||
6 | physicians appointed by
the board. When the disability ceases, | ||||||
7 | the board shall discontinue payment
of the benefit.
| ||||||
8 | (Source: P.A. 99-578, eff. 7-15-16.)
| ||||||
9 | Article 50. | ||||||
10 | Section 50-5. The Illinois Pension Code is amended by | ||||||
11 | adding Section 14-148.5 as follows:
| ||||||
12 | (40 ILCS 5/14-148.5 new) | ||||||
13 | Sec. 14-148.5. Indemnification of financial institution | ||||||
14 | for recovery of overpayment. The System may indemnify a bank, | ||||||
15 | savings and loan association, or other financial institution | ||||||
16 | insured by an agency of the federal government as necessary to | ||||||
17 | recover for the System any benefit overpayment that the System | ||||||
18 | has made to the financial institution on behalf of a member.
| ||||||
19 | (40 ILCS 5/21-120 rep.) | ||||||
20 | Section 50-10. The Illinois Pension Code is amended by | ||||||
21 | repealing Section 21-120.
|
| |||||||
| |||||||
1 | Article 55. | ||||||
2 | Section 55-5. The Illinois Pension Code is amended by | ||||||
3 | adding Section 4-108.8 and by changing Sections 7-139.8, | ||||||
4 | 14-110, and 14-152.1 as follows:
| ||||||
5 | (40 ILCS 5/4-108.8 new) | ||||||
6 | Sec. 4-108.8. Transfer of creditable service to the State | ||||||
7 | Employees' Retirement System. | ||||||
8 | (a) Any active member of the State Employees' Retirement | ||||||
9 | System who is an arson investigator may apply for transfer of | ||||||
10 | some or all of his or her credits and creditable service | ||||||
11 | accumulated in any firefighters' pension fund under this | ||||||
12 | Article to the State Employees' Retirement System in | ||||||
13 | accordance with Section 14-110. The creditable service shall | ||||||
14 | be transferred only upon payment by the firefighters' pension | ||||||
15 | fund to the State Employees' Retirement System of an amount | ||||||
16 | equal to: | ||||||
17 | (1) the amounts accumulated to the credit of the | ||||||
18 | applicant for the service to be transferred on file with | ||||||
19 | the fund on the date of transfer; | ||||||
20 | (2) employer contributions in an amount equal to the | ||||||
21 | amount determined under paragraph (1); and | ||||||
22 | (3) any interest paid by the applicant in order to | ||||||
23 | reinstate service to be transferred. | ||||||
24 | Participation in the firefighters' pension fund with |
| |||||||
| |||||||
1 | respect to the service to be transferred shall terminate on | ||||||
2 | the date of transfer. | ||||||
3 | (b) Any person applying to transfer service under this | ||||||
4 | Section may reinstate service that was terminated by receipt | ||||||
5 | of a refund, by paying to the firefighters' pension fund the | ||||||
6 | amount of the refund with interest thereon at the actuarially | ||||||
7 | assumed rate of interest, compounded annually, from the date | ||||||
8 | of refund to the date of payment.
| ||||||
9 | (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
| ||||||
10 | Sec. 7-139.8. Transfer to Article 14 System.
| ||||||
11 | (a) Any active member of the State Employees' Retirement | ||||||
12 | System who is a State policeman, an investigator for the | ||||||
13 | Secretary of State, a conservation police officer, an | ||||||
14 | investigator for the Office of the Attorney General, an | ||||||
15 | investigator for the Department of Revenue, a Commerce | ||||||
16 | Commission police officer, an
investigator for the Office of | ||||||
17 | the State's Attorneys Appellate Prosecutor,
or a controlled | ||||||
18 | substance inspector
may apply for transfer of some or all of | ||||||
19 | his or her credits and creditable service
accumulated in this | ||||||
20 | Fund for service as a sheriff's law enforcement
employee, | ||||||
21 | person employed by a participating municipality to perform | ||||||
22 | police duties, or law enforcement officer employed on a | ||||||
23 | full-time basis by a forest preserve district to the State | ||||||
24 | Employees' Retirement System in accordance with
Section | ||||||
25 | 14-110. The creditable service shall be transferred only upon |
| |||||||
| |||||||
1 | payment
by this Fund to the State Employees' Retirement System | ||||||
2 | of an amount equal to:
| ||||||
3 | (1) the amounts accumulated to the credit of the | ||||||
4 | applicant for the service
to be transferred, including | ||||||
5 | interest; and
| ||||||
6 | (2) municipality credits based on such service, | ||||||
7 | including interest; and
| ||||||
8 | (3) any interest paid by the applicant to reinstate | ||||||
9 | such service.
| ||||||
10 | Participation in this Fund as to any credits transferred under | ||||||
11 | this
Section shall terminate on the date of transfer.
| ||||||
12 | (b) Any person applying to transfer service under this | ||||||
13 | Section may reinstate credits and
creditable service | ||||||
14 | terminated upon receipt of a separation benefit, by paying
to | ||||||
15 | the Fund the amount of the separation benefit plus interest | ||||||
16 | thereon at the actuarially assumed rate of interest
to the | ||||||
17 | date of payment.
| ||||||
18 | (Source: P.A. 95-530, eff. 8-28-07; 96-745, eff. 8-25-09.)
| ||||||
19 | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| ||||||
20 | Sec. 14-110. Alternative retirement annuity.
| ||||||
21 | (a) Any member who has withdrawn from service with not | ||||||
22 | less than 20
years of eligible creditable service and has | ||||||
23 | attained age 55, and any
member who has withdrawn from service | ||||||
24 | with not less than 25 years of
eligible creditable service and | ||||||
25 | has attained age 50, regardless of whether
the attainment of |
| |||||||
| |||||||
1 | either of the specified ages occurs while the member is
still | ||||||
2 | in service, shall be entitled to receive at the option of the | ||||||
3 | member,
in lieu of the regular or minimum retirement annuity, | ||||||
4 | a retirement annuity
computed as follows:
| ||||||
5 | (i) for periods of service as a noncovered employee:
| ||||||
6 | if retirement occurs on or after January 1, 2001, 3% of | ||||||
7 | final
average compensation for each year of creditable | ||||||
8 | service; if retirement occurs
before January 1, 2001, 2 | ||||||
9 | 1/4% of final average compensation for each of the
first | ||||||
10 | 10 years of creditable service, 2 1/2% for each year above | ||||||
11 | 10 years to
and including 20 years of creditable service, | ||||||
12 | and 2 3/4% for each year of
creditable service above 20 | ||||||
13 | years; and
| ||||||
14 | (ii) for periods of eligible creditable service as a | ||||||
15 | covered employee:
if retirement occurs on or after January | ||||||
16 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
17 | of creditable service; if retirement occurs before
January | ||||||
18 | 1, 2001, 1.67% of final average compensation for each of | ||||||
19 | the first
10 years of such service, 1.90% for each of the | ||||||
20 | next 10 years of such service,
2.10% for each year of such | ||||||
21 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
22 | each year in excess of 30.
| ||||||
23 | Such annuity shall be subject to a maximum of 75% of final | ||||||
24 | average
compensation if retirement occurs before January 1, | ||||||
25 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
26 | retirement occurs on or after January
1, 2001.
|
| |||||||
| |||||||
1 | These rates shall not be applicable to any service | ||||||
2 | performed
by a member as a covered employee which is not | ||||||
3 | eligible creditable service.
Service as a covered employee | ||||||
4 | which is not eligible creditable service
shall be subject to | ||||||
5 | the rates and provisions of Section 14-108.
| ||||||
6 | (b) For the purpose of this Section, "eligible creditable | ||||||
7 | service" means
creditable service resulting from service in | ||||||
8 | one or more of the following
positions:
| ||||||
9 | (1) State policeman;
| ||||||
10 | (2) fire fighter in the fire protection service of a | ||||||
11 | department;
| ||||||
12 | (3) air pilot;
| ||||||
13 | (4) special agent;
| ||||||
14 | (5) investigator for the Secretary of State;
| ||||||
15 | (6) conservation police officer;
| ||||||
16 | (7) investigator for the Department of Revenue or the | ||||||
17 | Illinois Gaming Board;
| ||||||
18 | (8) security employee of the Department of Human | ||||||
19 | Services;
| ||||||
20 | (9) Central Management Services security police | ||||||
21 | officer;
| ||||||
22 | (10) security employee of the Department of | ||||||
23 | Corrections or the Department of Juvenile Justice;
| ||||||
24 | (11) dangerous drugs investigator;
| ||||||
25 | (12) investigator for the Department of State Police;
| ||||||
26 | (13) investigator for the Office of the Attorney |
| |||||||
| |||||||
1 | General;
| ||||||
2 | (14) controlled substance inspector;
| ||||||
3 | (15) investigator for the Office of the State's | ||||||
4 | Attorneys Appellate
Prosecutor;
| ||||||
5 | (16) Commerce Commission police officer;
| ||||||
6 | (17) arson investigator;
| ||||||
7 | (18) State highway maintenance worker;
| ||||||
8 | (19) security employee of the Department of Innovation | ||||||
9 | and Technology; or | ||||||
10 | (20) transferred employee. | ||||||
11 | A person employed in one of the positions specified in | ||||||
12 | this subsection is
entitled to eligible creditable service for | ||||||
13 | service credit earned under this
Article while undergoing the | ||||||
14 | basic police training course approved by the
Illinois Law | ||||||
15 | Enforcement Training
Standards Board, if
completion of that | ||||||
16 | training is required of persons serving in that position.
For | ||||||
17 | the purposes of this Code, service during the required basic | ||||||
18 | police
training course shall be deemed performance of the | ||||||
19 | duties of the specified
position, even though the person is | ||||||
20 | not a sworn peace officer at the time of
the training.
| ||||||
21 | A person under paragraph (20) is entitled to eligible | ||||||
22 | creditable service for service credit earned under this | ||||||
23 | Article on and after his or her transfer by Executive Order No. | ||||||
24 | 2003-10, Executive Order No. 2004-2, or Executive Order No. | ||||||
25 | 2016-1. | ||||||
26 | (c) For the purposes of this Section:
|
| |||||||
| |||||||
1 | (1) The term "State policeman" includes any title or | ||||||
2 | position
in the Department of State Police that is held by | ||||||
3 | an individual employed
under the State Police Act.
| ||||||
4 | (2) The term "fire fighter in the fire protection | ||||||
5 | service of a
department" includes all officers in such | ||||||
6 | fire protection service
including fire chiefs and | ||||||
7 | assistant fire chiefs.
| ||||||
8 | (3) The term "air pilot" includes any employee whose | ||||||
9 | official job
description on file in the Department of | ||||||
10 | Central Management Services, or
in the department by which | ||||||
11 | he is employed if that department is not covered
by the | ||||||
12 | Personnel Code, states that his principal duty is the | ||||||
13 | operation of
aircraft, and who possesses a pilot's | ||||||
14 | license; however, the change in this
definition made by | ||||||
15 | this amendatory Act of 1983 shall not operate to exclude
| ||||||
16 | any noncovered employee who was an "air pilot" for the | ||||||
17 | purposes of this
Section on January 1, 1984.
| ||||||
18 | (4) The term "special agent" means any person who by | ||||||
19 | reason of
employment by the Division of Narcotic Control, | ||||||
20 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
21 | Division of Criminal Investigation, the
Division of | ||||||
22 | Internal Investigation, the Division of Operations, or any
| ||||||
23 | other Division or organizational
entity in the Department | ||||||
24 | of State Police is vested by law with duties to
maintain | ||||||
25 | public order, investigate violations of the criminal law | ||||||
26 | of this
State, enforce the laws of this State, make |
| |||||||
| |||||||
1 | arrests and recover property.
The term "special agent" | ||||||
2 | includes any title or position in the Department
of State | ||||||
3 | Police that is held by an individual employed under the | ||||||
4 | State
Police Act.
| ||||||
5 | (5) The term "investigator for the Secretary of State" | ||||||
6 | means any person
employed by the Office of the Secretary | ||||||
7 | of State and vested with such
investigative duties as | ||||||
8 | render him ineligible for coverage under the Social
| ||||||
9 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
10 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
11 | A person who became employed as an investigator for | ||||||
12 | the Secretary of
State between January 1, 1967 and | ||||||
13 | December 31, 1975, and who has served as
such until | ||||||
14 | attainment of age 60, either continuously or with a single | ||||||
15 | break
in service of not more than 3 years duration, which | ||||||
16 | break terminated before
January 1, 1976, shall be entitled | ||||||
17 | to have his retirement annuity
calculated in accordance | ||||||
18 | with subsection (a), notwithstanding
that he has less than | ||||||
19 | 20 years of credit for such service.
| ||||||
20 | (6) The term "Conservation Police Officer" means any | ||||||
21 | person employed
by the Division of Law Enforcement of the | ||||||
22 | Department of Natural Resources and
vested with such law | ||||||
23 | enforcement duties as render him ineligible for coverage
| ||||||
24 | under the Social Security Act by reason of Sections | ||||||
25 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
26 | term "Conservation Police Officer" includes
the positions |
| |||||||
| |||||||
1 | of Chief Conservation Police Administrator and Assistant
| ||||||
2 | Conservation Police Administrator.
| ||||||
3 | (7) The term "investigator for the Department of | ||||||
4 | Revenue" means any
person employed by the Department of | ||||||
5 | Revenue and vested with such
investigative duties as | ||||||
6 | render him ineligible for coverage under the Social
| ||||||
7 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
8 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
9 | The term "investigator for the Illinois Gaming Board" | ||||||
10 | means any
person employed as such by the Illinois Gaming | ||||||
11 | Board and vested with such
peace officer duties as render | ||||||
12 | the person ineligible for coverage under the Social
| ||||||
13 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
14 | 218(d)(8)(D), and 218(l)(1)
of that Act.
| ||||||
15 | (8) The term "security employee of the Department of | ||||||
16 | Human Services"
means any person employed by the | ||||||
17 | Department of Human Services who (i) is
employed at the | ||||||
18 | Chester Mental Health Center and has daily contact with | ||||||
19 | the
residents thereof, (ii) is employed within a security | ||||||
20 | unit at a facility
operated by the Department and has | ||||||
21 | daily contact with the residents of the
security unit, | ||||||
22 | (iii) is employed at a facility operated by the Department
| ||||||
23 | that includes a security unit and is regularly scheduled | ||||||
24 | to work at least
50% of his or her working hours within | ||||||
25 | that security unit, or (iv) is a mental health police | ||||||
26 | officer.
"Mental health police officer" means any person |
| |||||||
| |||||||
1 | employed by the Department of
Human Services in a position | ||||||
2 | pertaining to the Department's mental health and
| ||||||
3 | developmental disabilities functions who is vested with | ||||||
4 | such law enforcement
duties as render the person | ||||||
5 | ineligible for coverage under the Social Security
Act by | ||||||
6 | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
7 | 218(l)(1) of that
Act. "Security unit" means that portion | ||||||
8 | of a facility that is devoted to
the care, containment, | ||||||
9 | and treatment of persons committed to the Department of
| ||||||
10 | Human Services as sexually violent persons, persons unfit | ||||||
11 | to stand trial, or
persons not guilty by reason of | ||||||
12 | insanity. With respect to past employment,
references to | ||||||
13 | the Department of Human Services include its predecessor, | ||||||
14 | the
Department of Mental Health and Developmental | ||||||
15 | Disabilities.
| ||||||
16 | The changes made to this subdivision (c)(8) by Public | ||||||
17 | Act 92-14 apply to persons who retire on or after January | ||||||
18 | 1,
2001, notwithstanding Section 1-103.1.
| ||||||
19 | (9) "Central Management Services security police | ||||||
20 | officer" means any
person employed by the Department of | ||||||
21 | Central Management Services who is
vested with such law | ||||||
22 | enforcement duties as render him ineligible for
coverage | ||||||
23 | under the Social Security Act by reason of Sections | ||||||
24 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
25 | (10) For a member who first became an employee under | ||||||
26 | this Article before July 1, 2005, the term "security |
| |||||||
| |||||||
1 | employee of the Department of Corrections or the | ||||||
2 | Department of Juvenile Justice"
means any employee of the | ||||||
3 | Department of Corrections or the Department of Juvenile | ||||||
4 | Justice or the former
Department of Personnel, and any | ||||||
5 | member or employee of the Prisoner
Review Board, who has | ||||||
6 | daily contact with inmates or youth by working within a
| ||||||
7 | correctional facility or Juvenile facility operated by the | ||||||
8 | Department of Juvenile Justice or who is a parole officer | ||||||
9 | or an employee who has
direct contact with committed | ||||||
10 | persons in the performance of his or her
job duties. For a | ||||||
11 | member who first becomes an employee under this Article on | ||||||
12 | or after July 1, 2005, the term means an employee of the | ||||||
13 | Department of Corrections or the Department of Juvenile | ||||||
14 | Justice who is any of the following: (i) officially | ||||||
15 | headquartered at a correctional facility or Juvenile | ||||||
16 | facility operated by the Department of Juvenile Justice, | ||||||
17 | (ii) a parole officer, (iii) a member of the apprehension | ||||||
18 | unit, (iv) a member of the intelligence unit, (v) a member | ||||||
19 | of the sort team, or (vi) an investigator.
| ||||||
20 | (11) The term "dangerous drugs investigator" means any | ||||||
21 | person who is
employed as such by the Department of Human | ||||||
22 | Services.
| ||||||
23 | (12) The term "investigator for the Department of | ||||||
24 | State Police" means
a person employed by the Department of | ||||||
25 | State Police who is vested under
Section 4 of the Narcotic | ||||||
26 | Control Division Abolition Act with such
law enforcement |
| |||||||
| |||||||
1 | powers as render him ineligible for coverage under the
| ||||||
2 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
3 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
4 | (13) "Investigator for the Office of the Attorney | ||||||
5 | General" means any
person who is employed as such by the | ||||||
6 | Office of the Attorney General and
is vested with such | ||||||
7 | investigative duties as render him ineligible for
coverage | ||||||
8 | under the Social Security Act by reason of Sections | ||||||
9 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||||||
10 | the period before January 1,
1989, the term includes all | ||||||
11 | persons who were employed as investigators by the
Office | ||||||
12 | of the Attorney General, without regard to social security | ||||||
13 | status.
| ||||||
14 | (14) "Controlled substance inspector" means any person | ||||||
15 | who is employed
as such by the Department of Professional | ||||||
16 | Regulation and is vested with such
law enforcement duties | ||||||
17 | as render him ineligible for coverage under the Social
| ||||||
18 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
19 | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||||||
20 | "controlled substance inspector" includes the Program
| ||||||
21 | Executive of Enforcement and the Assistant Program | ||||||
22 | Executive of Enforcement.
| ||||||
23 | (15) The term "investigator for the Office of the | ||||||
24 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
25 | employed in that capacity on a full
time basis under the | ||||||
26 | authority of Section 7.06 of the State's Attorneys
|
| |||||||
| |||||||
1 | Appellate Prosecutor's Act.
| ||||||
2 | (16) "Commerce Commission police officer" means any | ||||||
3 | person employed
by the Illinois Commerce Commission who is | ||||||
4 | vested with such law
enforcement duties as render him | ||||||
5 | ineligible for coverage under the Social
Security Act by | ||||||
6 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
7 | 218(l)(1) of that Act.
| ||||||
8 | (17) "Arson investigator" means any person who is | ||||||
9 | employed as such by
the Office of the State Fire Marshal | ||||||
10 | and is vested with such law enforcement
duties as render | ||||||
11 | the person ineligible for coverage under the Social | ||||||
12 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
13 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
14 | employed as an arson
investigator on January 1, 1995 and | ||||||
15 | is no longer in service but not yet
receiving a retirement | ||||||
16 | annuity may convert his or her creditable service for
| ||||||
17 | employment as an arson investigator into eligible | ||||||
18 | creditable service by paying
to the System the difference | ||||||
19 | between the employee contributions actually paid
for that | ||||||
20 | service and the amounts that would have been contributed | ||||||
21 | if the
applicant were contributing at the rate applicable | ||||||
22 | to persons with the same
social security status earning | ||||||
23 | eligible creditable service on the date of
application.
| ||||||
24 | (18) The term "State highway maintenance worker" means | ||||||
25 | a person who is
either of the following:
| ||||||
26 | (i) A person employed on a full-time basis by the |
| |||||||
| |||||||
1 | Illinois
Department of Transportation in the position | ||||||
2 | of
highway maintainer,
highway maintenance lead | ||||||
3 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
4 | construction equipment operator,
power shovel | ||||||
5 | operator, or
bridge mechanic; and
whose principal | ||||||
6 | responsibility is to perform, on the roadway, the | ||||||
7 | actual
maintenance necessary to keep the highways that | ||||||
8 | form a part of the State
highway system in serviceable | ||||||
9 | condition for vehicular traffic.
| ||||||
10 | (ii) A person employed on a full-time basis by the | ||||||
11 | Illinois
State Toll Highway Authority in the position | ||||||
12 | of
equipment operator/laborer H-4,
equipment | ||||||
13 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
14 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
15 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
16 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
17 | roadway lighting H-6,
structural H-4,
structural H-6,
| ||||||
18 | painter H-4, or
painter H-6; and
whose principal | ||||||
19 | responsibility is to perform, on the roadway, the | ||||||
20 | actual
maintenance necessary to keep the Authority's | ||||||
21 | tollways in serviceable condition
for vehicular | ||||||
22 | traffic.
| ||||||
23 | (19) The term "security employee of the Department of | ||||||
24 | Innovation and Technology" means a person who was a | ||||||
25 | security employee of the Department of Corrections or the | ||||||
26 | Department of Juvenile Justice, was transferred to the |
| |||||||
| |||||||
1 | Department of Innovation and Technology pursuant to | ||||||
2 | Executive Order 2016-01, and continues to perform similar | ||||||
3 | job functions under that Department. | ||||||
4 | (20) "Transferred employee" means an employee who was | ||||||
5 | transferred to the Department of Central Management | ||||||
6 | Services by Executive Order No. 2003-10 or Executive Order | ||||||
7 | No. 2004-2 or transferred to the Department of Innovation | ||||||
8 | and Technology by Executive Order No. 2016-1, or both, and | ||||||
9 | was entitled to eligible creditable service for services | ||||||
10 | immediately preceding the transfer. | ||||||
11 | (d) A security employee of the Department of Corrections | ||||||
12 | or the Department of Juvenile Justice, a security
employee of | ||||||
13 | the Department of Human Services who is not a mental health | ||||||
14 | police
officer, and a security employee of the Department of | ||||||
15 | Innovation and Technology shall not be eligible for the | ||||||
16 | alternative retirement annuity provided
by this Section unless | ||||||
17 | he or she meets the following minimum age and service
| ||||||
18 | requirements at the time of retirement:
| ||||||
19 | (i) 25 years of eligible creditable service and age | ||||||
20 | 55; or
| ||||||
21 | (ii) beginning January 1, 1987, 25 years of eligible | ||||||
22 | creditable service
and age 54, or 24 years of eligible | ||||||
23 | creditable service and age 55; or
| ||||||
24 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
25 | creditable service
and age 53, or 23 years of eligible | ||||||
26 | creditable service and age 55; or
|
| |||||||
| |||||||
1 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
2 | creditable service
and age 52, or 22 years of eligible | ||||||
3 | creditable service and age 55; or
| ||||||
4 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
5 | creditable service
and age 51, or 21 years of eligible | ||||||
6 | creditable service and age 55; or
| ||||||
7 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
8 | creditable service
and age 50, or 20 years of eligible | ||||||
9 | creditable service and age 55.
| ||||||
10 | Persons who have service credit under Article 16 of this | ||||||
11 | Code for service
as a security employee of the Department of | ||||||
12 | Corrections or the Department of Juvenile Justice, or the | ||||||
13 | Department
of Human Services in a position requiring | ||||||
14 | certification as a teacher may
count such service toward | ||||||
15 | establishing their eligibility under the service
requirements | ||||||
16 | of this Section; but such service may be used only for
| ||||||
17 | establishing such eligibility, and not for the purpose of | ||||||
18 | increasing or
calculating any benefit.
| ||||||
19 | (e) If a member enters military service while working in a | ||||||
20 | position in
which eligible creditable service may be earned, | ||||||
21 | and returns to State
service in the same or another such | ||||||
22 | position, and fulfills in all other
respects the conditions | ||||||
23 | prescribed in this Article for credit for military
service, | ||||||
24 | such military service shall be credited as eligible creditable
| ||||||
25 | service for the purposes of the retirement annuity prescribed | ||||||
26 | in this Section.
|
| |||||||
| |||||||
1 | (f) For purposes of calculating retirement annuities under | ||||||
2 | this
Section, periods of service rendered after December 31, | ||||||
3 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
4 | position of special agent,
conservation police officer, mental | ||||||
5 | health police officer, or investigator
for the Secretary of | ||||||
6 | State, shall be deemed to have been service as a
noncovered | ||||||
7 | employee, provided that the employee pays to the System prior | ||||||
8 | to
retirement an amount equal to (1) the difference between | ||||||
9 | the employee
contributions that would have been required for | ||||||
10 | such service as a
noncovered employee, and the amount of | ||||||
11 | employee contributions actually
paid, plus (2) if payment is | ||||||
12 | made after July 31, 1987, regular interest
on the amount | ||||||
13 | specified in item (1) from the date of service to the date
of | ||||||
14 | payment.
| ||||||
15 | For purposes of calculating retirement annuities under | ||||||
16 | this Section,
periods of service rendered after December 31, | ||||||
17 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
18 | position of investigator for the
Department of Revenue shall | ||||||
19 | be deemed to have been service as a noncovered
employee, | ||||||
20 | provided that the employee pays to the System prior to | ||||||
21 | retirement
an amount equal to (1) the difference between the | ||||||
22 | employee contributions
that would have been required for such | ||||||
23 | service as a noncovered employee,
and the amount of employee | ||||||
24 | contributions actually paid, plus (2) if payment
is made after | ||||||
25 | January 1, 1990, regular interest on the amount specified in
| ||||||
26 | item (1) from the date of service to the date of payment.
|
| |||||||
| |||||||
1 | (g) A State policeman may elect, not later than January 1, | ||||||
2 | 1990, to
establish eligible creditable service for up to 10 | ||||||
3 | years of his service as
a policeman under Article 3, by filing | ||||||
4 | a written election with the Board,
accompanied by payment of | ||||||
5 | an amount to be determined by the Board, equal to
(i) the | ||||||
6 | difference between the amount of employee and employer
| ||||||
7 | contributions transferred to the System under Section 3-110.5, | ||||||
8 | and the
amounts that would have been contributed had such | ||||||
9 | contributions been made
at the rates applicable to State | ||||||
10 | policemen, plus (ii) interest thereon at
the effective rate | ||||||
11 | for each year, compounded annually, from the date of
service | ||||||
12 | to the date of payment.
| ||||||
13 | Subject to the limitation in subsection (i), a State | ||||||
14 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
15 | eligible creditable service for
up to 10 years of his service | ||||||
16 | as a member of the County Police Department
under Article 9, by | ||||||
17 | filing a written election with the Board, accompanied
by | ||||||
18 | payment of an amount to be determined by the Board, equal to | ||||||
19 | (i) the
difference between the amount of employee and employer | ||||||
20 | contributions
transferred to the System under Section 9-121.10 | ||||||
21 | and the amounts that would
have been contributed had those | ||||||
22 | contributions been made at the rates
applicable to State | ||||||
23 | policemen, plus (ii) interest thereon at the effective
rate | ||||||
24 | for each year, compounded annually, from the date of service | ||||||
25 | to the
date of payment.
| ||||||
26 | (h) Subject to the limitation in subsection (i), a State |
| |||||||
| |||||||
1 | policeman or
investigator for the Secretary of State may elect | ||||||
2 | to establish eligible
creditable service for up to 12 years of | ||||||
3 | his service as a policeman under
Article 5, by filing a written | ||||||
4 | election with the Board on or before January
31, 1992, and | ||||||
5 | paying to the System by January 31, 1994 an amount to be
| ||||||
6 | determined by the Board, equal to (i) the difference between | ||||||
7 | the amount of
employee and employer contributions transferred | ||||||
8 | to the System under Section
5-236, and the amounts that would | ||||||
9 | have been contributed had such
contributions been made at the | ||||||
10 | rates applicable to State policemen, plus
(ii) interest | ||||||
11 | thereon at the effective rate for each year, compounded
| ||||||
12 | annually, from the date of service to the date of payment.
| ||||||
13 | Subject to the limitation in subsection (i), a State | ||||||
14 | policeman,
conservation police officer, or investigator for | ||||||
15 | the Secretary of State may
elect to establish eligible | ||||||
16 | creditable service for up to 10 years of
service as a sheriff's | ||||||
17 | law enforcement employee under Article 7, by filing
a written | ||||||
18 | election with the Board on or before January 31, 1993, and | ||||||
19 | paying
to the System by January 31, 1994 an amount to be | ||||||
20 | determined by the Board,
equal to (i) the difference between | ||||||
21 | the amount of employee and
employer contributions transferred | ||||||
22 | to the System under Section
7-139.7, and the amounts that | ||||||
23 | would have been contributed had such
contributions been made | ||||||
24 | at the rates applicable to State policemen, plus
(ii) interest | ||||||
25 | thereon at the effective rate for each year, compounded
| ||||||
26 | annually, from the date of service to the date of payment.
|
| |||||||
| |||||||
1 | Subject to the limitation in subsection (i), a State | ||||||
2 | policeman,
conservation police officer, or investigator for | ||||||
3 | the Secretary of State may
elect to establish eligible | ||||||
4 | creditable service for up to 5 years of
service as a police | ||||||
5 | officer under Article 3, a policeman under Article 5, a | ||||||
6 | sheriff's law enforcement employee under Article 7, a member | ||||||
7 | of the county police department under Article 9, or a police | ||||||
8 | officer under Article 15 by filing
a written election with the | ||||||
9 | Board and paying
to the System an amount to be determined by | ||||||
10 | the Board,
equal to (i) the difference between the amount of | ||||||
11 | employee and
employer contributions transferred to the System | ||||||
12 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
13 | and the amounts that would have been contributed had such
| ||||||
14 | contributions been made at the rates applicable to State | ||||||
15 | policemen, plus
(ii) interest thereon at the effective rate | ||||||
16 | for each year, compounded
annually, from the date of service | ||||||
17 | to the date of payment. | ||||||
18 | Subject to the limitation in subsection (i), an | ||||||
19 | investigator for the Office of the Attorney General, or an | ||||||
20 | investigator for the Department of Revenue, may elect to | ||||||
21 | establish eligible creditable service for up to 5 years of | ||||||
22 | service as a police officer under Article 3, a policeman under | ||||||
23 | Article 5, a sheriff's law enforcement employee under Article | ||||||
24 | 7, or a member of the county police department under Article 9 | ||||||
25 | by filing a written election with the Board within 6 months | ||||||
26 | after August 25, 2009 (the effective date of Public Act |
| |||||||
| |||||||
1 | 96-745) and paying to the System an amount to be determined by | ||||||
2 | the Board, equal to (i) the difference between the amount of | ||||||
3 | employee and employer contributions transferred to the System | ||||||
4 | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||||||
5 | amounts that would have been contributed had such | ||||||
6 | contributions been made at the rates applicable to State | ||||||
7 | policemen, plus (ii) interest thereon at the actuarially | ||||||
8 | assumed rate for each year, compounded annually, from the date | ||||||
9 | of service to the date of payment. | ||||||
10 | Subject to the limitation in subsection (i), a State | ||||||
11 | policeman, conservation police officer, investigator for the | ||||||
12 | Office of the Attorney General, an investigator for the | ||||||
13 | Department of Revenue, or investigator for the Secretary of | ||||||
14 | State may elect to establish eligible creditable service for | ||||||
15 | up to 5 years of service as a person employed by a | ||||||
16 | participating municipality to perform police duties, or law | ||||||
17 | enforcement officer employed on a full-time basis by a forest | ||||||
18 | preserve district under Article 7, a county corrections | ||||||
19 | officer, or a court services officer under Article 9, by | ||||||
20 | filing a written election with the Board within 6 months after | ||||||
21 | August 25, 2009 (the effective date of Public Act 96-745) and | ||||||
22 | paying to the System an amount to be determined by the Board, | ||||||
23 | equal to (i) the difference between the amount of employee and | ||||||
24 | employer contributions transferred to the System under | ||||||
25 | Sections 7-139.8 and 9-121.10 and the amounts that would have | ||||||
26 | been contributed had such contributions been made at the rates |
| |||||||
| |||||||
1 | applicable to State policemen, plus (ii) interest thereon at | ||||||
2 | the actuarially assumed rate for each year, compounded | ||||||
3 | annually, from the date of service to the date of payment. | ||||||
4 | Subject to the limitation in subsection (i), a State | ||||||
5 | policeman, arson
investigator, or Commerce Commission police | ||||||
6 | officer may elect to establish eligible creditable service for | ||||||
7 | up to 5 years of service as a person employed by a | ||||||
8 | participating municipality to perform police duties under | ||||||
9 | Article 7, a county corrections officer, a court services | ||||||
10 | officer under Article 9, or a firefighter
under Article 4 by | ||||||
11 | filing a written election with the Board within 6 months after | ||||||
12 | the effective date of this amendatory Act of the 102nd General | ||||||
13 | Assembly and paying to the System an amount to be determined by | ||||||
14 | the Board equal to (i) the difference between the amount of | ||||||
15 | employee and employer contributions transferred to the System | ||||||
16 | under Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts | ||||||
17 | that would have been contributed had such contributions been | ||||||
18 | made at the rates applicable to State policemen, plus (ii) | ||||||
19 | interest thereon at the actuarially assumed rate for each | ||||||
20 | year, compounded annually, from the date of service to the | ||||||
21 | date of payment. | ||||||
22 | Subject to the limitation in subsection (i), a | ||||||
23 | conservation police officer may elect to establish eligible | ||||||
24 | creditable service for up to 5 years of service as a person | ||||||
25 | employed by a participating municipality to perform police | ||||||
26 | duties under Article 7, a county corrections officer, or a |
| |||||||
| |||||||
1 | court services officer under Article 9 by filing a written | ||||||
2 | election with the Board within 6 months after the effective | ||||||
3 | date of this amendatory Act of the 102nd General Assembly and | ||||||
4 | paying to the System an amount to be determined by the Board | ||||||
5 | equal to (i) the difference between the amount of employee and | ||||||
6 | employer contributions transferred to the System under | ||||||
7 | Sections 7-139.8 and 9-121.10 and the amounts that would have | ||||||
8 | been contributed had such contributions been made at the rates | ||||||
9 | applicable to State policemen, plus (ii) interest thereon at | ||||||
10 | the actuarially assumed rate for each year, compounded | ||||||
11 | annually, from the date of service to the date of payment. | ||||||
12 | Notwithstanding the limitation in subsection (i), a State | ||||||
13 | policeman or conservation police officer may elect to convert | ||||||
14 | service credit earned under this Article to eligible | ||||||
15 | creditable service, as defined by this Section, by filing a | ||||||
16 | written election with the board within 6 months after the | ||||||
17 | effective date of this amendatory Act of the 102nd General | ||||||
18 | Assembly and paying to the System an amount to be determined by | ||||||
19 | the Board equal to (i) the difference between the amount of | ||||||
20 | employee contributions originally paid for that service and | ||||||
21 | the amounts that would have been contributed had such | ||||||
22 | contributions been made at the rates applicable to State | ||||||
23 | policemen, plus (ii) the difference between the employer's | ||||||
24 | normal cost of the credit prior to the conversion authorized | ||||||
25 | by this amendatory Act of the 102nd General Assembly and the | ||||||
26 | employer's normal cost of the credit converted in accordance |
| |||||||
| |||||||
1 | with this amendatory Act of the 102nd General Assembly, plus | ||||||
2 | (iii) interest thereon at the actuarially assumed rate for | ||||||
3 | each year, compounded annually, from the date of service to | ||||||
4 | the date of payment. | ||||||
5 | (i) The total amount of eligible creditable service | ||||||
6 | established by any
person under subsections (g), (h), (j), | ||||||
7 | (k), (l), (l-5), and (o) of this
Section shall not exceed 12 | ||||||
8 | years.
| ||||||
9 | (j) Subject to the limitation in subsection (i), an | ||||||
10 | investigator for
the Office of the State's Attorneys Appellate | ||||||
11 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
12 | establish eligible creditable service for up to 10 years of | ||||||
13 | his service as
a policeman under Article 3 or a sheriff's law | ||||||
14 | enforcement employee under
Article 7, by filing a written | ||||||
15 | election with the Board, accompanied by
payment of an amount | ||||||
16 | to be determined by the Board, equal to (1) the
difference | ||||||
17 | between the amount of employee and employer contributions
| ||||||
18 | transferred to the System under Section 3-110.6 or 7-139.8, | ||||||
19 | and the amounts
that would have been contributed had such | ||||||
20 | contributions been made at the
rates applicable to State | ||||||
21 | policemen, plus (2) interest thereon at the
effective rate for | ||||||
22 | each year, compounded annually, from the date of service
to | ||||||
23 | the date of payment.
| ||||||
24 | (k) Subject to the limitation in subsection (i) of this | ||||||
25 | Section, an
alternative formula employee may elect to | ||||||
26 | establish eligible creditable
service for periods spent as a |
| |||||||
| |||||||
1 | full-time law enforcement officer or full-time
corrections | ||||||
2 | officer employed by the federal government or by a state or | ||||||
3 | local
government located outside of Illinois, for which credit | ||||||
4 | is not held in any
other public employee pension fund or | ||||||
5 | retirement system. To obtain this
credit, the applicant must | ||||||
6 | file a written application with the Board by March
31, 1998, | ||||||
7 | accompanied by evidence of eligibility acceptable to the Board | ||||||
8 | and
payment of an amount to be determined by the Board, equal | ||||||
9 | to (1) employee
contributions for the credit being | ||||||
10 | established, based upon the applicant's
salary on the first | ||||||
11 | day as an alternative formula employee after the employment
| ||||||
12 | for which credit is being established and the rates then | ||||||
13 | applicable to
alternative formula employees, plus (2) an | ||||||
14 | amount determined by the Board
to be the employer's normal | ||||||
15 | cost of the benefits accrued for the credit being
established, | ||||||
16 | plus (3) regular interest on the amounts in items (1) and (2) | ||||||
17 | from
the first day as an alternative formula employee after | ||||||
18 | the employment for which
credit is being established to the | ||||||
19 | date of payment.
| ||||||
20 | (l) Subject to the limitation in subsection (i), a | ||||||
21 | security employee of
the Department of Corrections may elect, | ||||||
22 | not later than July 1, 1998, to
establish eligible creditable | ||||||
23 | service for up to 10 years of his or her service
as a policeman | ||||||
24 | under Article 3, by filing a written election with the Board,
| ||||||
25 | accompanied by payment of an amount to be determined by the | ||||||
26 | Board, equal to
(i) the difference between the amount of |
| |||||||
| |||||||
1 | employee and employer contributions
transferred to the System | ||||||
2 | under Section 3-110.5, and the amounts that would
have been | ||||||
3 | contributed had such contributions been made at the rates | ||||||
4 | applicable
to security employees of the Department of | ||||||
5 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
6 | for each year, compounded annually, from the date
of service | ||||||
7 | to the date of payment.
| ||||||
8 | (l-5) Subject to the limitation in subsection (i) of this | ||||||
9 | Section, a State policeman may elect to establish eligible | ||||||
10 | creditable service for up to 5 years of service as a full-time | ||||||
11 | law enforcement officer employed by the federal government or | ||||||
12 | by a state or local government located outside of Illinois for | ||||||
13 | which credit is not held in any other public employee pension | ||||||
14 | fund or retirement system. To obtain this credit, the | ||||||
15 | applicant must file a written application with the Board no | ||||||
16 | later than 3 years after the effective date of this amendatory | ||||||
17 | Act of the 101st General Assembly, accompanied by evidence of | ||||||
18 | eligibility acceptable to the Board and payment of an amount | ||||||
19 | to be determined by the Board, equal to (1) employee | ||||||
20 | contributions for the credit being established, based upon the | ||||||
21 | applicant's salary on the first day as an alternative formula | ||||||
22 | employee after the employment for which credit is being | ||||||
23 | established and the rates then applicable to alternative | ||||||
24 | formula employees, plus (2) an amount determined by the Board | ||||||
25 | to be the employer's normal cost of the benefits accrued for | ||||||
26 | the credit being established, plus (3) regular interest on the |
| |||||||
| |||||||
1 | amounts in items (1) and (2) from the first day as an | ||||||
2 | alternative formula employee after the employment for which | ||||||
3 | credit is being established to the date of payment. | ||||||
4 | (m) The amendatory changes to this Section made by this | ||||||
5 | amendatory Act of the 94th General Assembly apply only to: (1) | ||||||
6 | security employees of the Department of Juvenile Justice | ||||||
7 | employed by the Department of Corrections before the effective | ||||||
8 | date of this amendatory Act of the 94th General Assembly and | ||||||
9 | transferred to the Department of Juvenile Justice by this | ||||||
10 | amendatory Act of the 94th General Assembly; and (2) persons | ||||||
11 | employed by the Department of Juvenile Justice on or after the | ||||||
12 | effective date of this amendatory Act of the 94th General | ||||||
13 | Assembly who are required by subsection (b) of Section | ||||||
14 | 3-2.5-15 of the Unified Code of Corrections to have any | ||||||
15 | bachelor's or advanced degree from an accredited college or | ||||||
16 | university or, in the case of persons who provide vocational | ||||||
17 | training, who are required to have adequate knowledge in the | ||||||
18 | skill for which they are providing the vocational training.
| ||||||
19 | (n) A person employed in a position under subsection (b) | ||||||
20 | of this Section who has purchased service credit under | ||||||
21 | subsection (j) of Section 14-104 or subsection (b) of Section | ||||||
22 | 14-105 in any other capacity under this Article may convert up | ||||||
23 | to 5 years of that service credit into service credit covered | ||||||
24 | under this Section by paying to the Fund an amount equal to (1) | ||||||
25 | the additional employee contribution required under Section | ||||||
26 | 14-133, plus (2) the additional employer contribution required |
| |||||||
| |||||||
1 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
2 | the actuarially assumed rate from the date of the service to | ||||||
3 | the date of payment. | ||||||
4 | (o) Subject to the limitation in subsection (i), a | ||||||
5 | conservation police officer, investigator for the Secretary of | ||||||
6 | State, Commerce Commission police officer, investigator for | ||||||
7 | the Department of Revenue or the
Illinois Gaming Board, or | ||||||
8 | arson investigator subject to subsection (g) of Section 1-160 | ||||||
9 | may elect to convert up to 8 years of service credit | ||||||
10 | established before the effective date of this amendatory Act | ||||||
11 | of the 101st General Assembly as a conservation police | ||||||
12 | officer, investigator for the Secretary of State, Commerce | ||||||
13 | Commission police officer, investigator for the Department of | ||||||
14 | Revenue or the
Illinois Gaming Board, or arson investigator | ||||||
15 | under this Article into eligible creditable service by filing | ||||||
16 | a written election with the Board no later than one year after | ||||||
17 | the effective date of this amendatory Act of the 101st General | ||||||
18 | Assembly, accompanied by payment of an amount to be determined | ||||||
19 | by the Board equal to (i) the difference between the amount of | ||||||
20 | the employee contributions actually paid for that service and | ||||||
21 | the amount of the employee contributions that would have been | ||||||
22 | paid had the employee contributions been made as a noncovered | ||||||
23 | employee serving in a position in which eligible creditable | ||||||
24 | service, as defined in this Section, may be earned, plus (ii) | ||||||
25 | interest thereon at the effective rate for each year, | ||||||
26 | compounded annually, from the date of service to the date of |
| |||||||
| |||||||
1 | payment. | ||||||
2 | (Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18; | ||||||
3 | 101-610, eff. 1-1-20.)
| ||||||
4 | (40 ILCS 5/14-152.1) | ||||||
5 | Sec. 14-152.1. Application and expiration of new benefit | ||||||
6 | increases. | ||||||
7 | (a) As used in this Section, "new benefit increase" means | ||||||
8 | an increase in the amount of any benefit provided under this | ||||||
9 | Article, or an expansion of the conditions of eligibility for | ||||||
10 | any benefit under this Article, that results from an amendment | ||||||
11 | to this Code that takes effect after June 1, 2005 (the | ||||||
12 | effective date of Public Act 94-4). "New benefit increase", | ||||||
13 | however, does not include any benefit increase resulting from | ||||||
14 | the changes made to Article 1 or this Article by Public Act | ||||||
15 | 96-37, Public Act 100-23, Public Act 100-587, Public Act | ||||||
16 | 100-611, Public Act 101-10, Public Act 101-610, or this | ||||||
17 | amendatory Act of the 102nd General Assembly or this | ||||||
18 | amendatory Act of the 101st General Assembly .
| ||||||
19 | (b) Notwithstanding any other provision of this Code or | ||||||
20 | any subsequent amendment to this Code, every new benefit | ||||||
21 | increase is subject to this Section and shall be deemed to be | ||||||
22 | granted only in conformance with and contingent upon | ||||||
23 | compliance with the provisions of this Section.
| ||||||
24 | (c) The Public Act enacting a new benefit increase must | ||||||
25 | identify and provide for payment to the System of additional |
| |||||||
| |||||||
1 | funding at least sufficient to fund the resulting annual | ||||||
2 | increase in cost to the System as it accrues. | ||||||
3 | Every new benefit increase is contingent upon the General | ||||||
4 | Assembly providing the additional funding required under this | ||||||
5 | subsection. The Commission on Government Forecasting and | ||||||
6 | Accountability shall analyze whether adequate additional | ||||||
7 | funding has been provided for the new benefit increase and | ||||||
8 | shall report its analysis to the Public Pension Division of | ||||||
9 | the Department of Insurance. A new benefit increase created by | ||||||
10 | a Public Act that does not include the additional funding | ||||||
11 | required under this subsection is null and void. If the Public | ||||||
12 | Pension Division determines that the additional funding | ||||||
13 | provided for a new benefit increase under this subsection is | ||||||
14 | or has become inadequate, it may so certify to the Governor and | ||||||
15 | the State Comptroller and, in the absence of corrective action | ||||||
16 | by the General Assembly, the new benefit increase shall expire | ||||||
17 | at the end of the fiscal year in which the certification is | ||||||
18 | made.
| ||||||
19 | (d) Every new benefit increase shall expire 5 years after | ||||||
20 | its effective date or on such earlier date as may be specified | ||||||
21 | in the language enacting the new benefit increase or provided | ||||||
22 | under subsection (c). This does not prevent the General | ||||||
23 | Assembly from extending or re-creating a new benefit increase | ||||||
24 | by law. | ||||||
25 | (e) Except as otherwise provided in the language creating | ||||||
26 | the new benefit increase, a new benefit increase that expires |
| |||||||
| |||||||
1 | under this Section continues to apply to persons who applied | ||||||
2 | and qualified for the affected benefit while the new benefit | ||||||
3 | increase was in effect and to the affected beneficiaries and | ||||||
4 | alternate payees of such persons, but does not apply to any | ||||||
5 | other person, including, without limitation, a person who | ||||||
6 | continues in service after the expiration date and did not | ||||||
7 | apply and qualify for the affected benefit while the new | ||||||
8 | benefit increase was in effect.
| ||||||
9 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
10 | 100-611, eff. 7-20-18; 101-10, eff. 6-5-19; 101-81, eff. | ||||||
11 | 7-12-19; 101-610, eff. 1-1-20.)
| ||||||
12 | Article 65. | ||||||
13 | Section 65-5. The Illinois Pension Code is amended by | ||||||
14 | changing Section 17-147 as follows:
| ||||||
15 | (40 ILCS 5/17-147) (from Ch. 108 1/2, par. 17-147)
| ||||||
16 | Sec. 17-147. Custody of Fund; bonds; legal Fund - Bonds - | ||||||
17 | Legal proceedings. The
city treasurer, ex officio
ex-officio , | ||||||
18 | shall be the custodian of the Fund,
and shall secure and safely | ||||||
19 | keep it, subject to the control and
direction of the Board. The | ||||||
20 | city treasurer He shall keep the his books and accounts
| ||||||
21 | concerning
the Fund in the manner prescribed by the Board. The
| ||||||
22 | books and accounts
shall always be subject to the inspection | ||||||
23 | of the Board or any
member
thereof. The city treasurer shall be |
| |||||||
| |||||||
1 | liable on the city treasurer's his official bond for the
| ||||||
2 | proper performance of his duties and the conservation of the | ||||||
3 | Fund.
| ||||||
4 | Payments from the Fund shall be made upon checks or | ||||||
5 | through direct deposit transmittals authorized warrants signed | ||||||
6 | by the
president and the secretary of the Board of Education, | ||||||
7 | the president of
the Board, and countersigned by the executive | ||||||
8 | director or
by such person as the Board may designate from time | ||||||
9 | to time
by appropriate resolution.
| ||||||
10 | Neither the treasurer nor any other officer having the | ||||||
11 | custody of the
Fund is entitled to retain any interest | ||||||
12 | accruing thereon, but such
interest shall accrue and inure to | ||||||
13 | the benefit of such Fund,
become a
part thereof, subject to the | ||||||
14 | purposes of this Article.
| ||||||
15 | Any legal proceedings necessary for the enforcement of the | ||||||
16 | provisions
of this Article shall be brought by and in the name | ||||||
17 | of the Board of the Fund.
| ||||||
18 | (Source: P.A. 90-566, eff. 1-2-98.)
| ||||||
19 | Article 70. | ||||||
20 | Section 70-5. The Illinois Pension Code is amended by | ||||||
21 | changing Section 16-106 as follows:
| ||||||
22 | (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
| ||||||
23 | Sec. 16-106. Teacher. "Teacher": The following |
| |||||||
| |||||||
1 | individuals, provided
that, for employment prior to July 1, | ||||||
2 | 1990, they are employed on a
full-time basis, or if not | ||||||
3 | full-time, on a permanent and continuous basis
in a position | ||||||
4 | in which services are expected to be rendered for at least
one | ||||||
5 | school term:
| ||||||
6 | (1) Any educational, administrative, professional or | ||||||
7 | other staff employed
in the public common schools included | ||||||
8 | within this system in a position
requiring certification | ||||||
9 | under the law governing the certification of
teachers;
| ||||||
10 | (2) Any educational, administrative, professional or | ||||||
11 | other staff employed
in any facility of the Department of | ||||||
12 | Children and Family Services or the
Department of Human | ||||||
13 | Services, in a position requiring certification under
the | ||||||
14 | law governing the certification of teachers, and any | ||||||
15 | person who (i)
works in such a position for the Department | ||||||
16 | of Corrections, (ii) was a member
of this System on May 31, | ||||||
17 | 1987, and (iii) did not elect to become a member of
the | ||||||
18 | State Employees' Retirement System pursuant to Section | ||||||
19 | 14-108.2 of this
Code; except that "teacher" does not | ||||||
20 | include any person who (A) becomes
a security employee of | ||||||
21 | the Department of Human Services, as defined in
Section | ||||||
22 | 14-110, after June 28, 2001 (the effective date of Public | ||||||
23 | Act
92-14), or (B) becomes a member of the State | ||||||
24 | Employees'
Retirement System pursuant to Section 14-108.2c | ||||||
25 | of this Code;
| ||||||
26 | (3) Any regional superintendent of schools, assistant |
| |||||||
| |||||||
1 | regional
superintendent of schools, State Superintendent | ||||||
2 | of Education; any person
employed by the State Board of | ||||||
3 | Education as an executive; any executive of
the boards | ||||||
4 | engaged in the service of public common school education | ||||||
5 | in
school districts covered under this system of which the | ||||||
6 | State
Superintendent of Education is an ex-officio member;
| ||||||
7 | (4) Any employee of a school board association | ||||||
8 | operating in compliance
with Article 23 of the School Code | ||||||
9 | who is certificated under the law
governing the | ||||||
10 | certification of teachers, provided that he or she becomes | ||||||
11 | such an employee before the effective date of this | ||||||
12 | amendatory Act of the 99th General Assembly;
| ||||||
13 | (5) Any person employed by the retirement system
who:
| ||||||
14 | (i) was an employee of and a participant in the | ||||||
15 | system on August 17,
2001 (the effective date of | ||||||
16 | Public Act 92-416), or
| ||||||
17 | (ii) becomes an employee of the system on or after | ||||||
18 | August 17, 2001;
| ||||||
19 | (6) Any educational, administrative, professional or | ||||||
20 | other staff
employed by and under the supervision and | ||||||
21 | control of a regional
superintendent of schools or the | ||||||
22 | chief administrative officer of the education service | ||||||
23 | centers established under Section 2-3.62 of the School | ||||||
24 | Code and serving that portion of a Class II county outside | ||||||
25 | a city of 500,000 or more inhabitants , provided such | ||||||
26 | employment position requires the
person to be certificated |
| |||||||
| |||||||
1 | under the law governing the certification of
teachers and | ||||||
2 | is in an educational program serving 2 or more districts | ||||||
3 | in
accordance with a joint agreement authorized by the | ||||||
4 | School Code or by federal
legislation;
| ||||||
5 | (7) Any educational, administrative, professional or | ||||||
6 | other staff employed
in an educational program serving 2 | ||||||
7 | or more school districts in accordance
with a joint | ||||||
8 | agreement authorized by the School Code or by federal
| ||||||
9 | legislation and in a position requiring certification | ||||||
10 | under the laws
governing the certification of teachers;
| ||||||
11 | (8) Any officer or employee of a statewide teacher | ||||||
12 | organization or
officer of a national teacher organization | ||||||
13 | who is certified under the law
governing certification of | ||||||
14 | teachers, provided: (i) the individual had
previously | ||||||
15 | established creditable service under this Article, (ii) | ||||||
16 | the
individual files with the system an irrevocable | ||||||
17 | election to become a member before the effective date of | ||||||
18 | this amendatory Act of the 97th General Assembly,
(iii) | ||||||
19 | the individual does not receive credit for such service | ||||||
20 | under any
other Article of this Code, and (iv) the | ||||||
21 | individual first became an officer or employee of the | ||||||
22 | teacher organization and becomes a member before the | ||||||
23 | effective date of this amendatory Act of the 97th General | ||||||
24 | Assembly;
| ||||||
25 | (9) Any educational, administrative, professional, or | ||||||
26 | other staff
employed in a charter school operating in |
| |||||||
| |||||||
1 | compliance with the Charter
Schools Law who is | ||||||
2 | certificated under the law governing the certification
of | ||||||
3 | teachers;
| ||||||
4 | (10) Any person employed, on the effective date of | ||||||
5 | this amendatory Act of the 94th General Assembly, by the | ||||||
6 | Macon-Piatt Regional Office of Education in a | ||||||
7 | birth-through-age-three pilot program receiving funds | ||||||
8 | under Section 2-389 of the School Code who is required by | ||||||
9 | the Macon-Piatt Regional Office of Education to hold a | ||||||
10 | teaching certificate, provided that the Macon-Piatt | ||||||
11 | Regional Office of Education makes an election, within 6 | ||||||
12 | months after the effective date of this amendatory Act of | ||||||
13 | the 94th General Assembly, to have the person participate | ||||||
14 | in the system. Any service established prior to the | ||||||
15 | effective date of this amendatory Act of the 94th General | ||||||
16 | Assembly for service as an employee of the Macon-Piatt | ||||||
17 | Regional Office of Education in a birth-through-age-three | ||||||
18 | pilot program receiving funds under Section 2-389 of the | ||||||
19 | School Code shall be considered service as a teacher if | ||||||
20 | employee and employer contributions have been received by | ||||||
21 | the system and the system has not refunded those | ||||||
22 | contributions.
| ||||||
23 | An annuitant receiving a retirement annuity under this | ||||||
24 | Article who is employed by a board of education
or other | ||||||
25 | employer as permitted under Section 16-118
or 16-150.1 is not | ||||||
26 | a "teacher" for purposes of this Article. A person who
has |
| |||||||
| |||||||
1 | received a single-sum retirement benefit under Section | ||||||
2 | 16-136.4 of this
Article is not a "teacher" for purposes of | ||||||
3 | this Article. For purposes of this Article, "teacher" does not | ||||||
4 | include a person employed by an entity that provides | ||||||
5 | substitute teaching services under Section 2-3.173 of the | ||||||
6 | School Code and is not a school district.
| ||||||
7 | (Source: P.A. 100-813, eff. 8-13-18; 101-502, eff. 8-23-19.)
| ||||||
8 | Article 75. | ||||||
9 | Section 75-5. The State Employees Group Insurance Act of | ||||||
10 | 1971 is amended by changing Section 6.5 as follows:
| ||||||
11 | (5 ILCS 375/6.5)
| ||||||
12 | Sec. 6.5. Health benefits for TRS benefit recipients and | ||||||
13 | TRS dependent
beneficiaries. | ||||||
14 | (a) Purpose. It is the purpose of this amendatory Act of | ||||||
15 | 1995 to transfer
the administration of the program of health | ||||||
16 | benefits established for benefit
recipients and their | ||||||
17 | dependent beneficiaries under Article 16 of the Illinois
| ||||||
18 | Pension Code to the Department of Central Management Services.
| ||||||
19 | (b) Transition provisions. The Board of Trustees of the | ||||||
20 | Teachers'
Retirement System shall continue to administer the | ||||||
21 | health benefit program
established under Article 16 of the | ||||||
22 | Illinois Pension Code through December 31,
1995. Beginning | ||||||
23 | January 1, 1996, the Department of Central Management Services
|
| |||||||
| |||||||
1 | shall be responsible for administering a program of health | ||||||
2 | benefits for TRS
benefit recipients and TRS dependent | ||||||
3 | beneficiaries under this Section.
The Department of Central | ||||||
4 | Management Services and the Teachers' Retirement
System shall | ||||||
5 | cooperate in this endeavor and shall coordinate their | ||||||
6 | activities
so as to ensure a smooth transition and | ||||||
7 | uninterrupted health benefit coverage.
| ||||||
8 | (c) Eligibility. All persons who were enrolled in the | ||||||
9 | Article 16 program at
the time of the transfer shall be | ||||||
10 | eligible to participate in the program
established under this | ||||||
11 | Section without any interruption or delay in coverage
or | ||||||
12 | limitation as to pre-existing medical conditions. Eligibility | ||||||
13 | to
participate shall be determined by the Teachers' Retirement | ||||||
14 | System.
Eligibility information shall be communicated to the | ||||||
15 | Department of Central
Management Services in a format | ||||||
16 | acceptable to the Department.
| ||||||
17 | Eligible TRS benefit recipients may enroll or re-enroll in | ||||||
18 | the program of health benefits established under this Section | ||||||
19 | during any applicable annual open enrollment period and as | ||||||
20 | otherwise permitted by the Department of Central Management | ||||||
21 | Services. A TRS benefit recipient shall not be deemed | ||||||
22 | ineligible to participate solely by reason of the TRS benefit | ||||||
23 | recipient having made a previous election to disenroll or | ||||||
24 | otherwise not participate in the program of health benefits. | ||||||
25 | A TRS dependent beneficiary who is a child age 19 or over | ||||||
26 | and
mentally or physically disabled does not become ineligible |
| |||||||
| |||||||
1 | to participate
by reason of (i) becoming ineligible to be | ||||||
2 | claimed as a dependent for Illinois
or federal income tax | ||||||
3 | purposes or (ii) receiving earned income, so long as
those | ||||||
4 | earnings are insufficient for the child to be fully | ||||||
5 | self-sufficient.
| ||||||
6 | (d) Coverage. The level of health benefits provided under | ||||||
7 | this Section
shall be similar to the level of benefits | ||||||
8 | provided by the
program previously established under Article | ||||||
9 | 16 of the Illinois Pension Code.
| ||||||
10 | Group life insurance benefits are not included in the | ||||||
11 | benefits
to be provided to TRS benefit recipients and TRS | ||||||
12 | dependent beneficiaries under
this Act.
| ||||||
13 | The program of health benefits under this Section may | ||||||
14 | include any or all of
the benefit limitations, including but | ||||||
15 | not limited to a reduction in benefits
based on eligibility | ||||||
16 | for federal Medicare benefits, that are provided under
| ||||||
17 | subsection (a) of Section 6 of this Act for other health | ||||||
18 | benefit programs under
this Act.
| ||||||
19 | (e) Insurance rates and premiums. The Director shall | ||||||
20 | determine the
insurance rates and premiums for TRS benefit | ||||||
21 | recipients and TRS dependent
beneficiaries,
and shall present | ||||||
22 | to the Teachers' Retirement System of
the State of Illinois, | ||||||
23 | by April 15 of each calendar year, the rate-setting
| ||||||
24 | methodology (including but not limited to utilization levels | ||||||
25 | and costs) used
to determine the amount of the health care | ||||||
26 | premiums.
|
| |||||||
| |||||||
1 | For Fiscal Year 1996, the premium shall be equal to | ||||||
2 | the premium actually
charged in Fiscal Year 1995; in | ||||||
3 | subsequent years, the premium shall
never be lower than | ||||||
4 | the premium charged in Fiscal Year 1995. | ||||||
5 | For Fiscal Year
2003, the premium shall not exceed | ||||||
6 | 110% of the premium actually charged in
Fiscal Year 2002. | ||||||
7 | For Fiscal Year 2004, the premium shall not exceed | ||||||
8 | 112% of
the premium actually charged in Fiscal Year 2003.
| ||||||
9 | For Fiscal Year 2005, the premium shall not exceed a | ||||||
10 | weighted average of 106.6% of
the premium actually charged | ||||||
11 | in Fiscal Year 2004.
| ||||||
12 | For Fiscal Year 2006, the premium shall not exceed a | ||||||
13 | weighted average of 109.1% of
the premium actually charged | ||||||
14 | in Fiscal Year 2005.
| ||||||
15 | For Fiscal Year 2007, the premium shall not exceed a | ||||||
16 | weighted average of 103.9% of
the premium actually charged | ||||||
17 | in Fiscal Year 2006.
| ||||||
18 | For Fiscal Year 2008 and thereafter, the premium in | ||||||
19 | each fiscal year shall not exceed 105% of
the premium | ||||||
20 | actually charged in the previous fiscal year.
| ||||||
21 | Rates and premiums may be based in part on age and | ||||||
22 | eligibility for federal
medicare coverage. However, the cost | ||||||
23 | of participation for a TRS dependent
beneficiary who is an | ||||||
24 | unmarried child age 19 or over and mentally or physically
| ||||||
25 | disabled shall not exceed the cost for a TRS dependent | ||||||
26 | beneficiary who is
an unmarried child under age 19 and |
| |||||||
| |||||||
1 | participates in the same major medical or
managed care | ||||||
2 | program.
| ||||||
3 | The cost of health benefits under the program shall be | ||||||
4 | paid as follows:
| ||||||
5 | (1) For a TRS benefit recipient selecting a managed | ||||||
6 | care program, up to
75% of the total insurance rate shall | ||||||
7 | be paid from the Teacher Health Insurance
Security Fund. | ||||||
8 | Effective with Fiscal Year 2007 and thereafter, for a TRS | ||||||
9 | benefit recipient selecting a managed care program, 75% of | ||||||
10 | the total insurance rate shall be paid from the Teacher | ||||||
11 | Health Insurance
Security Fund.
| ||||||
12 | (2) For a TRS benefit recipient selecting the major | ||||||
13 | medical coverage
program, up to 50% of the total insurance | ||||||
14 | rate shall be paid from the Teacher
Health Insurance | ||||||
15 | Security Fund if a managed care program is accessible, as
| ||||||
16 | determined by the Teachers' Retirement System. Effective | ||||||
17 | with Fiscal Year 2007 and thereafter, for a TRS benefit | ||||||
18 | recipient selecting the major medical coverage
program, | ||||||
19 | 50% of the total insurance rate shall be paid from the | ||||||
20 | Teacher
Health Insurance Security Fund if a managed care | ||||||
21 | program is accessible, as
determined by the Department of | ||||||
22 | Central Management Services.
| ||||||
23 | (3) For a TRS benefit recipient selecting the major | ||||||
24 | medical coverage
program, up to 75% of the total insurance | ||||||
25 | rate shall be paid from the Teacher
Health Insurance | ||||||
26 | Security Fund if a managed care program is not accessible, |
| |||||||
| |||||||
1 | as
determined by the Teachers' Retirement System. | ||||||
2 | Effective with Fiscal Year 2007 and thereafter, for a TRS | ||||||
3 | benefit recipient selecting the major medical coverage
| ||||||
4 | program, 75% of the total insurance rate shall be paid | ||||||
5 | from the Teacher
Health Insurance Security Fund if a | ||||||
6 | managed care program is not accessible, as
determined by | ||||||
7 | the Department of Central Management Services.
| ||||||
8 | (3.1) For a TRS dependent beneficiary who is Medicare | ||||||
9 | primary and enrolled in a managed care plan, or the major | ||||||
10 | medical coverage program if a managed care plan is not | ||||||
11 | available, 25% of the total insurance rate shall be paid | ||||||
12 | from the Teacher Health Security Fund as determined by the | ||||||
13 | Department of Central Management Services. For the purpose | ||||||
14 | of this item (3.1), the term "TRS dependent beneficiary | ||||||
15 | who is Medicare primary" means a TRS dependent beneficiary | ||||||
16 | who is participating in Medicare Parts A and B.
| ||||||
17 | (4) Except as otherwise provided in item (3.1), the
| ||||||
18 | balance of the rate of insurance, including the entire | ||||||
19 | premium of
any coverage for TRS dependent beneficiaries | ||||||
20 | that has been elected, shall be
paid
by deductions | ||||||
21 | authorized by the TRS benefit recipient to be withheld | ||||||
22 | from his
or her monthly annuity or benefit payment from | ||||||
23 | the Teachers' Retirement System;
except that (i) if the | ||||||
24 | balance of the cost of coverage exceeds the amount of
the | ||||||
25 | monthly annuity or benefit payment, the difference shall | ||||||
26 | be paid directly
to the Teachers' Retirement System by the |
| |||||||
| |||||||
1 | TRS benefit recipient, and (ii) all
or part of the balance | ||||||
2 | of the cost of coverage may, at the school board's
option, | ||||||
3 | be paid to the Teachers' Retirement System by the school | ||||||
4 | board of the
school district from which the TRS benefit | ||||||
5 | recipient retired, in accordance
with Section 10-22.3b of | ||||||
6 | the School Code. The Teachers' Retirement System
shall | ||||||
7 | promptly deposit all moneys withheld by or paid to it | ||||||
8 | under this
subdivision (e)(4) into the Teacher Health | ||||||
9 | Insurance Security Fund. These
moneys shall not be | ||||||
10 | considered assets of the Retirement System.
| ||||||
11 | (5) If, for any month beginning on or after January 1, | ||||||
12 | 2013, a TRS benefit recipient or TRS dependent beneficiary | ||||||
13 | was enrolled in Medicare Parts A and B and such Medicare | ||||||
14 | coverage was primary to coverage under this Section but | ||||||
15 | payment for coverage under this Section was made at a rate | ||||||
16 | greater than the Medicare primary rate published by the | ||||||
17 | Department of Central Management Services, the TRS benefit | ||||||
18 | recipient or TRS dependent beneficiary shall be eligible | ||||||
19 | for a refund equal to the difference between the amount | ||||||
20 | paid by the TRS benefit recipient or TRS dependent | ||||||
21 | beneficiary and the published Medicare primary rate. To | ||||||
22 | receive a refund pursuant to this subsection, the TRS | ||||||
23 | benefit recipient or TRS dependent beneficiary must | ||||||
24 | provide documentation to the Department of Central | ||||||
25 | Management Services evidencing the TRS benefit recipient's | ||||||
26 | or TRS dependent beneficiary's Medicare coverage and the |
| |||||||
| |||||||
1 | amount paid by the TRS benefit recipient or TRS dependent | ||||||
2 | beneficiary during the applicable time period. If in any | ||||||
3 | case an error is made in billing a TRS benefit recipient | ||||||
4 | under this Section, the Department shall identify the | ||||||
5 | error and refund the overpaid amount as soon as | ||||||
6 | practicable. A TRS benefit recipient who has overpaid | ||||||
7 | under this Section shall be entitled to a refund of | ||||||
8 | overpayments for up to 7 years of past payments. | ||||||
9 | (f) Financing. Beginning July 1, 1995, all revenues | ||||||
10 | arising from the
administration of the health benefit programs | ||||||
11 | established under Article 16 of
the Illinois Pension Code or | ||||||
12 | this Section shall be deposited into the
Teacher Health | ||||||
13 | Insurance Security Fund, which is hereby created as a
| ||||||
14 | nonappropriated trust fund to be held outside the State | ||||||
15 | Treasury, with the
State Treasurer as custodian. Any interest | ||||||
16 | earned on moneys in the Teacher
Health Insurance Security Fund | ||||||
17 | shall be deposited into the Fund.
| ||||||
18 | Moneys in the Teacher Health Insurance Security
Fund shall | ||||||
19 | be used only to pay the costs of the health benefit program
| ||||||
20 | established under this Section, including associated | ||||||
21 | administrative costs, and
the costs associated with the health | ||||||
22 | benefit program established under Article
16 of the Illinois | ||||||
23 | Pension Code, as authorized in this Section. Beginning
July 1, | ||||||
24 | 1995, the Department of Central Management Services may make
| ||||||
25 | expenditures from the Teacher Health Insurance Security Fund | ||||||
26 | for those costs.
|
| |||||||
| |||||||
1 | After other funds authorized for the payment of the costs | ||||||
2 | of the health
benefit program established under Article 16 of | ||||||
3 | the Illinois Pension Code are
exhausted and until January 1, | ||||||
4 | 1996 (or such later date as may be agreed upon
by the Director | ||||||
5 | of Central Management Services and the Secretary of the
| ||||||
6 | Teachers' Retirement System), the Secretary of the Teachers' | ||||||
7 | Retirement System
may make expenditures from the Teacher | ||||||
8 | Health Insurance Security Fund as
necessary to pay up to 75% of | ||||||
9 | the cost of providing health coverage to eligible
benefit | ||||||
10 | recipients (as defined in Sections 16-153.1 and 16-153.3 of | ||||||
11 | the
Illinois Pension Code) who are enrolled in the Article 16 | ||||||
12 | health benefit
program and to facilitate the transfer of | ||||||
13 | administration of the health benefit
program to the Department | ||||||
14 | of Central Management Services.
| ||||||
15 | The Department of Central Management Services, or any | ||||||
16 | successor agency designated to procure healthcare contracts | ||||||
17 | pursuant to this Act, is authorized to establish funds, | ||||||
18 | separate accounts provided by any bank or banks as defined by | ||||||
19 | the Illinois Banking Act, or separate accounts provided by any | ||||||
20 | savings and loan association or associations as defined by the | ||||||
21 | Illinois Savings and Loan Act of 1985 to be held by the | ||||||
22 | Director, outside the State treasury, for the purpose of | ||||||
23 | receiving the transfer of moneys from the Teacher Health | ||||||
24 | Insurance Security Fund. The Department may promulgate rules | ||||||
25 | further defining the methodology for the transfers. Any | ||||||
26 | interest earned by moneys in the funds or accounts shall inure |
| |||||||
| |||||||
1 | to the Teacher Health Insurance Security Fund. The transferred | ||||||
2 | moneys, and interest accrued thereon, shall be used | ||||||
3 | exclusively for transfers to administrative service | ||||||
4 | organizations or their financial institutions for payments of | ||||||
5 | claims to claimants and providers under the self-insurance | ||||||
6 | health plan. The transferred moneys, and interest accrued | ||||||
7 | thereon, shall not be used for any other purpose including, | ||||||
8 | but not limited to, reimbursement of administration fees due | ||||||
9 | the administrative service organization pursuant to its | ||||||
10 | contract or contracts with the Department.
| ||||||
11 | (g) Contract for benefits. The Director shall by contract, | ||||||
12 | self-insurance,
or otherwise make available the program of | ||||||
13 | health benefits for TRS benefit
recipients and their TRS | ||||||
14 | dependent beneficiaries that is provided for in this
Section. | ||||||
15 | The contract or other arrangement for the provision of these | ||||||
16 | health
benefits shall be on terms deemed by the Director to be | ||||||
17 | in the best interest of
the State of Illinois and the TRS | ||||||
18 | benefit recipients based on, but not limited
to, such criteria | ||||||
19 | as administrative cost, service capabilities of the carrier
or | ||||||
20 | other contractor, and the costs of the benefits.
| ||||||
21 | (g-5) Committee. A Teacher Retirement Insurance Program | ||||||
22 | Committee shall be established, to consist of 10 persons | ||||||
23 | appointed by the Governor.
| ||||||
24 | The Committee shall convene at least 4 times each year, | ||||||
25 | and shall consider and make recommendations on issues | ||||||
26 | affecting the program of health benefits provided under this
|
| |||||||
| |||||||
1 | Section. Recommendations of the Committee shall be based on a | ||||||
2 | consensus of the members of the Committee.
| ||||||
3 | If the Teacher
Health Insurance Security Fund experiences | ||||||
4 | a deficit balance based upon the contribution and subsidy | ||||||
5 | rates established in this Section and Section 6.6 for Fiscal | ||||||
6 | Year 2008 or thereafter, the Committee shall make | ||||||
7 | recommendations for adjustments to the funding sources | ||||||
8 | established under these Sections. | ||||||
9 | In addition, the Committee shall identify proposed | ||||||
10 | solutions to the funding shortfalls that are affecting the | ||||||
11 | Teacher Health Insurance Security Fund, and it shall report | ||||||
12 | those solutions to the Governor and the General Assembly | ||||||
13 | within 6 months after August 15, 2011 (the effective date of | ||||||
14 | Public Act 97-386). | ||||||
15 | (h) Continuation of program. It is the intention of
the | ||||||
16 | General Assembly that the program of health benefits provided | ||||||
17 | under this
Section be maintained on an ongoing, affordable | ||||||
18 | basis.
| ||||||
19 | The program of health benefits provided under this Section | ||||||
20 | may be amended by
the State and is not intended to be a pension | ||||||
21 | or retirement benefit subject to
protection under Article | ||||||
22 | XIII, Section 5 of the Illinois Constitution.
| ||||||
23 | (i) Repeal. (Blank).
| ||||||
24 | (Source: P.A. 100-1017, eff. 8-21-18; 101-483, eff. 1-1-20 .)
| ||||||
25 | Article 99. |
| |||||||
| |||||||
1 | Section 99-90. The State Mandates Act is amended by adding | ||||||
2 | Section 8.45 as follows:
| ||||||
3 | (30 ILCS 805/8.45 new) | ||||||
4 | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and | ||||||
5 | 8 of this Act, no reimbursement by the State is required for | ||||||
6 | the implementation of any mandate created by this amendatory | ||||||
7 | Act of the 102nd General Assembly.
| ||||||
8 | Section 99-99. Effective date. This Article and Articles | ||||||
9 | 5, 15, 35, 50, 55, and 75 take effect upon becoming law.".
|