Bill Text: IL HB2749 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Pension Code. Authorizes units of local government to provide alternative retirement plans in lieu of or in addition to the existing plan under the applicable Article. Provides that the alternative retirement plan may include a defined-benefit component, a defined contribution component, or both, and may include disability or survivor benefits and any other benefits that are permitted under federal law. Provides that the alternative retirement plan is not required to provide any minimum level of benefits and need not provide any benefits at all, other than mandatory Social Security coverage if applicable. Provides that service credit received under an alternative retirement plan may not be transferred to any other fund and may not be used under the Retirement Systems Reciprocal Act (Article 20 of the Code). Amends the Illinois Public Labor Relations Act and the Illinois Educational Labor Relations Act. Provides that employers shall not be required to bargain over the changes made by the amendatory Act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2749 Detail]

Download: Illinois-2019-HB2749-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2749 Introduced , by Rep. Thomas Morrison SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Pension Code. Authorizes units of local government to provide alternative retirement plans in lieu of or in addition to the existing plan under the applicable Article. Provides that the alternative retirement plan may include a defined-benefit component, a defined contribution component, or both, and may include disability or survivor benefits and any other benefits that are permitted under federal law. Provides that the alternative retirement plan is not required to provide any minimum level of benefits and need not provide any benefits at all, other than mandatory Social Security coverage if applicable. Provides that service credit received under an alternative retirement plan may not be transferred to any other fund and may not be used under the Retirement Systems Reciprocal Act (Article 20 of the Code). Amends the Illinois Public Labor Relations Act and the Illinois Educational Labor Relations Act. Provides that employers shall not be required to bargain over the changes made by the amendatory Act.
LRB101 09210 RPS 54304 b
FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB2749 LRB101 09210 RPS 54304 b
AN ACT concerning public employee benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Labor Relations Act is
amended by adding Section 7.6 as follows:
(5 ILCS 315/7.6 new)
Sec. 7.6. Mandatory collective bargaining regarding
alternative retirement plans not required. Notwithstanding any
other provision of this Act, employers shall not be subject to
mandatory collective bargaining with regard to the adoption or
implementation of an alternative retirement plan authorized by
this amendatory Act of the 101st General Assembly.
Section 10. The Illinois Pension Code is amended by
changing Sections 3-150, 4-142, and 10-103 and by adding
Sections 3-101.5, 4-101.5, 5-101.5, 6-101.5, 7-101.5, 8-101.5,
9-101.5, 10-101.5, 11-101.5, 12-101.5, 13-101.5, 15-101.5,
16-101.5, and 17-101.5 as follows:
(40 ILCS 5/3-101.5 new)
Sec. 3-101.5. Alternative retirement plan; local control
of benefits.
(a) The corporate authorities of a municipality subject to

HB2749 - 2 - LRB101 09210 RPS 54304 b
this Article may, at any time on or after the effective date of
this Section, provide by ordinance for an alternative
retirement plan, either in addition to or in lieu of the
existing plan under this Article, for its eligible new
employees. The alternative retirement plan shall apply only to
persons who have not participated in the existing plan under
this Article.
(b) The alternative retirement plan may include a
defined-benefit component, a defined-contribution component,
or both, and may, but is not required to, include disability or
survivor benefits and any other provisions or benefits that are
permitted under federal law. The alternative retirement plan is
not required to provide any minimum level of benefits and need
not provide any benefits at all, other than mandatory Social
Security coverage if applicable.
(c) Service credit received under an alternative
retirement plan may not be transferred to any other pension
fund or retirement system.
(d) Providing an alternative retirement plan does not
release the municipality from the obligation of continuing to
participate under this Article with regard to participants in
the existing retirement plan. In no event may the municipality
in any way diminish or impair the rights or benefits of
participants in the existing retirement plan.
(e) Persons participating in an alternative retirement
plan under this Section shall be deemed to be members of the

HB2749 - 3 - LRB101 09210 RPS 54304 b
fund who participate in an alternative retirement plan.
Notwithstanding any provision of this Article to the contrary,
the alternative retirement plan need not comply with any
mandatory provisions of the existing retirement plan.
(40 ILCS 5/3-150) (from Ch. 108 1/2, par. 3-150)
Sec. 3-150. Applicability of home rule powers. A home rule
unit, as defined in Article VII of the 1970 Illinois
Constitution or any amendment thereto, shall have no power to
change, alter, or amend in any way the provisions of this
Article, except as provided in Section 3-101.5. A home rule
unit which is a municipality, as defined in Section 3-103,
shall not provide for, singly or as a part of any plan or
program, by any means whatsoever, any type of retirement or
annuity benefit to a police officer other than through
establishment of a fund as provided in this Article, except as
provided in Section 3-101.5.
(Source: P.A. 83-1440.)
(40 ILCS 5/4-101.5 new)
Sec. 4-101.5. Alternative retirement plan; local control
of benefits.
(a) The corporate authorities of a municipality subject to
this Article may, at any time on or after the effective date of
this Section, provide by ordinance for an alternative
retirement plan, either in addition to or in lieu of the

HB2749 - 4 - LRB101 09210 RPS 54304 b
existing plan under this Article, for its eligible new
employees. The alternative retirement plan shall apply only to
persons who have not participated in the existing plan under
this Article.
(b) The alternative retirement plan may include a
defined-benefit component, a defined-contribution component,
or both, and may, but is not required to, include disability or
survivor benefits and any other provisions or benefits that are
permitted under federal law. The alternative retirement plan is
not required to provide any minimum level of benefits and need
not provide any benefits at all, other than mandatory Social
Security coverage if applicable.
(c) Service credit received under an alternative
retirement plan may not be transferred to any other pension
fund or retirement system.
(d) Providing an alternative retirement plan does not
release the municipality from the obligation of continuing to
participate under this Article with regard to participants in
the existing retirement plan. In no event may the municipality
in any way diminish or impair the rights or benefits of
participants in the existing retirement plan.
(e) Persons participating in an alternative retirement
plan under this Section shall be deemed to be members of the
fund who participate in an alternative retirement plan.
Notwithstanding any provision of this Article to the contrary,
the alternative retirement plan need not comply with any

HB2749 - 5 - LRB101 09210 RPS 54304 b
mandatory provisions of the existing retirement plan.
(40 ILCS 5/4-142) (from Ch. 108 1/2, par. 4-142)
Sec. 4-142. Applicability of home rule powers. A home rule
unit, as defined in Article VII of the 1970 Illinois
Constitution or any amendment thereto, shall have no power to
change, alter, or amend in any way the provisions of this
Article, except as provided in Section 4-101.5. A home rule
unit which is a municipality, as defined in Section 4-103,
shall not provide for, singly or as a part of any plan or
program, by any means whatsoever, any type of retirement or
annuity benefit to a firefighter other than through
establishment of a fund as provided in this Article as now or
hereafter amended, except as provided in Section 4-101.5.
(Source: P.A. 83-1440.)
(40 ILCS 5/5-101.5 new)
Sec. 5-101.5. Alternative retirement plan; local control
of benefits.
(a) The city council may, at any time on or after the
effective date of this Section, provide by ordinance for an
alternative retirement plan, either in addition to or in lieu
of the existing plan under this Article, for its eligible new
employees. The alternative retirement plan shall apply only to
persons who have not participated in the existing plan under
this Article.

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(b) The alternative retirement plan may include a
defined-benefit component, a defined-contribution component,
or both, and may, but is not required to, include disability or
survivor benefits and any other provisions or benefits that are
permitted under federal law. The alternative retirement plan is
not required to provide any minimum level of benefits and need
not provide any benefits at all, other than mandatory Social
Security coverage if applicable.
(c) Service credit received under an alternative
retirement plan may not be transferred to any other pension
fund or retirement system.
(d) Providing an alternative retirement plan does not
release the city from the obligation of continuing to
participate under this Article with regard to participants in
the existing retirement plan. In no event may the city in any
way diminish or impair the rights or benefits of participants
in the existing retirement plan.
(e) Persons participating in an alternative retirement
plan under this Section shall be deemed to be members of the
Fund who participate in an alternative retirement plan.
Notwithstanding any provision of this Article to the contrary,
the alternative retirement plan need not comply with any
mandatory provisions of the existing retirement plan.
(40 ILCS 5/6-101.5 new)
Sec. 6-101.5. Alternative retirement plan; local control

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of benefits.
(a) The city council may, at any time on or after the
effective date of this Section, provide by ordinance for an
alternative retirement plan, either in addition to or in lieu
of the existing plan under this Article, for its eligible new
employees. The alternative retirement plan shall apply only to
persons who have not participated in the existing plan under
this Article.
(b) The alternative retirement plan may include a
defined-benefit component, a defined-contribution component,
or both, and may, but is not required to, include disability or
survivor benefits and any other provisions or benefits that are
permitted under federal law. The alternative retirement plan is
not required to provide any minimum level of benefits and need
not provide any benefits at all, other than mandatory Social
Security coverage if applicable.
(c) Service credit received under an alternative
retirement plan may not be transferred to any other pension
fund or retirement system.
(d) Providing an alternative retirement plan does not
release the city from the obligation of continuing to
participate under this Article with regard to participants in
the existing retirement plan. In no event may the city in any
way diminish or impair the rights or benefits of participants
in the existing retirement plan.
(e) Persons participating in an alternative retirement

HB2749 - 8 - LRB101 09210 RPS 54304 b
plan under this Section shall be deemed to be members of the
Fund who participate in an alternative retirement plan.
Notwithstanding any provision of this Article to the contrary,
the alternative retirement plan need not comply with any
mandatory provisions of the existing retirement plan.
(40 ILCS 5/7-101.5 new)
Sec. 7-101.5. Alternative retirement plan; local control
of benefits.
(a) The governing body of a municipality or instrumentality
may, at any time on or after the effective date of this
Section, provide by ordinance or resolution, whichever is
applicable, for an alternative retirement plan, either in
addition to or in lieu of the existing plan under this Article,
for its eligible new employees. The alternative retirement plan
shall apply only to persons who have not participated in the
existing plan under this Article.
(b) The alternative retirement plan may include a
defined-benefit component, a defined-contribution component,
or both, and may, but is not required to, include disability or
survivor benefits and any other provisions or benefits that are
permitted under federal law. The alternative retirement plan is
not required to provide any minimum level of benefits and need
not provide any benefits at all, other than mandatory Social
Security coverage if applicable.
(c) Service credit received under an alternative

HB2749 - 9 - LRB101 09210 RPS 54304 b
retirement plan may not be transferred to any other pension
fund or retirement system and may not be used under the
Retirement Systems Reciprocal Act.
(d) Providing an alternative retirement plan does not
release the municipality or instrumentality from the
obligation of continuing to participate under this Article with
regard to participants in the existing retirement plan. In no
event may the municipality or instrumentality in any way
diminish or impair the rights or benefits of participants in
the existing retirement plan.
(e) Persons participating in an alternative retirement
plan under this Section shall be deemed to be members of the
Fund who participate in an alternative retirement plan and
shall remain subject to the provisions of the Agreement with
the State Agency, as provided in Section 7-170, for Social
Security purposes to the extent permitted under federal law.
Notwithstanding any provision of this Article to the contrary,
the alternative retirement plan need not comply with any other
mandatory provision of the existing retirement plan.
(40 ILCS 5/8-101.5 new)
Sec. 8-101.5. Alternative retirement plan; local control
of benefits.
(a) The city council may, at any time on or after the
effective date of this Section, provide by ordinance for an
alternative retirement plan, either in addition to or in lieu

HB2749 - 10 - LRB101 09210 RPS 54304 b
of the existing plan under this Article, for its eligible new
employees. The alternative retirement plan shall apply only to
persons who have not participated in the existing plan under
this Article.
(b) The alternative retirement plan may include a
defined-benefit component, a defined-contribution component,
or both, and may, but is not required to, include disability or
survivor benefits and any other provisions or benefits that are
permitted under federal law. The alternative retirement plan is
not required to provide any minimum level of benefits and need
not provide any benefits at all, other than mandatory Social
Security coverage if applicable.
(c) Service credit received under an alternative
retirement plan may not be transferred to any other pension
fund or retirement system and may not be used under the
Retirement Systems Reciprocal Act.
(d) Providing an alternative retirement plan does not
release the city from the obligation of continuing to
participate under this Article with regard to participants in
the existing retirement plan. In no event may the city in any
way diminish or impair the rights or benefits of participants
in the existing retirement plan.
(e) Persons participating in an alternative retirement
plan under this Section shall be deemed to be members of the
Fund who participate in an alternative retirement plan.
Notwithstanding any provision of this Article to the contrary,

HB2749 - 11 - LRB101 09210 RPS 54304 b
the alternative retirement plan need not comply with any
mandatory provisions of the existing retirement plan.
(40 ILCS 5/9-101.5 new)
Sec. 9-101.5. Alternative retirement plan; local control
of benefits.
(a) The county board may, at any time on or after the
effective date of this Section, provide by ordinance for an
alternative retirement plan, either in addition to or in lieu
of the existing plan under this Article, for its eligible new
employees. The alternative retirement plan shall apply only to
persons who have not participated in the existing plan under
this Article. An alternative retirement plan established under
this Section shall not apply to Article 10.
(b) The alternative retirement plan may include a
defined-benefit component, a defined-contribution component,
or both, and may, but is not required to, include disability or
survivor benefits and any other provisions or benefits that are
permitted under federal law. The alternative retirement plan is
not required to provide any minimum level of benefits and need
not provide any benefits at all, other than mandatory Social
Security coverage if applicable.
(c) Service credit received under an alternative
retirement plan may not be transferred to any other pension
fund or retirement system and may not be used under the
Retirement Systems Reciprocal Act.

HB2749 - 12 - LRB101 09210 RPS 54304 b
(d) Providing an alternative retirement plan does not
release the county from the obligation of continuing to
participate under this Article with regard to participants in
the existing retirement plan. In no event may the county in any
way diminish or impair the rights or benefits of participants
in the existing retirement plan.
(e) Persons participating in an alternative retirement
plan under this Section shall be deemed to be members of the
Fund who participate in an alternative retirement plan.
Notwithstanding any provision of this Article to the contrary,
the alternative retirement plan need not comply with any
mandatory provisions of the existing retirement plan.
(40 ILCS 5/10-101.5 new)
Sec. 10-101.5. Alternative retirement plan; local control
of benefits.
(a) The district may, at any time on or after the effective
date of this Section, provide by resolution for an alternative
retirement plan, either in addition to or in lieu of the
existing plan under this Article, for its eligible new
employees. The alternative retirement plan shall apply only to
persons who have not participated in the existing plan under
this Article.
(b) The alternative retirement plan may include a
defined-benefit component, a defined-contribution component,
or both, and may, but is not required to, include disability or

HB2749 - 13 - LRB101 09210 RPS 54304 b
survivor benefits and any other provisions or benefits that are
permitted under federal law. The alternative retirement plan is
not required to provide any minimum level of benefits and need
not provide any benefits at all, other than mandatory Social
Security coverage if applicable.
(c) Service credit received under an alternative
retirement plan may not be transferred to any other pension
fund or retirement system and may not be used under the
Retirement Systems Reciprocal Act.
(d) Providing an alternative retirement plan does not
release the district from the obligation of continuing to
participate under this Article with regard to participants in
the existing retirement plan. In no event may the district in
any way diminish or impair the rights or benefits of
participants in the existing retirement plan.
(e) Persons participating in an alternative retirement
plan under this Section shall be deemed to be members of the
Fund who participate in an alternative retirement plan.
Notwithstanding any provision of this Article to the contrary,
the alternative retirement plan need not comply with any
mandatory provisions of the existing retirement plan.
(40 ILCS 5/10-103) (from Ch. 108 1/2, par. 10-103)
Sec. 10-103. Members, contributions and benefits. Except
for alternative retirement plans established under Section
10-101.5, the The board shall cause the same deductions to be

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made from salaries and, subject to Section 10-109, allow the
same annuities, refunds and benefits for employees of the
district as are made and allowed for employees of the county.
(Source: P.A. 95-1036, eff. 2-17-09.)
(40 ILCS 5/11-101.5 new)
Sec. 11-101.5. Alternative retirement plan; local control
of benefits.
(a) The city council may, at any time on or after the
effective date of this Section, provide by ordinance for an
alternative retirement plan, either in addition to or in lieu
of the existing plan under this Article, for its eligible new
employees. The alternative retirement plan shall apply only to
persons who have not participated in the existing plan under
this Article.
(b) The alternative retirement plan may include a
defined-benefit component, a defined-contribution component,
or both, and may, but is not required to, include disability or
survivor benefits and any other provisions or benefits that are
permitted under federal law. The alternative retirement plan is
not required to provide any minimum level of benefits and need
not provide any benefits at all, other than mandatory Social
Security coverage if applicable.
(c) Service credit received under an alternative
retirement plan may not be transferred to any other pension
fund or retirement system and may not be used under the

HB2749 - 15 - LRB101 09210 RPS 54304 b
Retirement Systems Reciprocal Act.
(d) Providing an alternative retirement plan does not
release the city from the obligation of continuing to
participate under this Article with regard to participants in
the existing retirement plan. In no event may the city in any
way diminish or impair the rights or benefits of participants
in the existing retirement plan.
(e) Persons participating in an alternative retirement
plan under this Section shall be deemed to be members of the
Fund who participate in an alternative retirement plan.
Notwithstanding any provision of this Article to the contrary,
the alternative retirement plan need not comply with any
mandatory provisions of the existing retirement plan.
(40 ILCS 5/12-101.5 new)
Sec. 12-101.5. Alternative retirement plan; local control
of benefits.
(a) The city council may, at any time on or after the
effective date of this Section, provide by ordinance for an
alternative retirement plan, either in addition to or in lieu
of the existing plan under this Article, for its eligible new
employees. The alternative retirement plan shall apply only to
persons who have not participated in the existing plan under
this Article.
(b) The alternative retirement plan may include a
defined-benefit component, a defined-contribution component,

HB2749 - 16 - LRB101 09210 RPS 54304 b
or both, and may, but is not required to, include disability or
survivor benefits and any other provisions or benefits that are
permitted under federal law. The alternative retirement plan is
not required to provide any minimum level of benefits and need
not provide any benefits at all, other than mandatory Social
Security coverage if applicable.
(c) Service credit received under an alternative
retirement plan may not be transferred to any other pension
fund or retirement system and may not be used under the
Retirement Systems Reciprocal Act.
(d) Providing an alternative retirement plan does not
release the city from the obligation of continuing to
participate under this Article with regard to participants in
the existing retirement plan. In no event may the city in any
way diminish or impair the rights or benefits of participants
in the existing retirement plan.
(e) Persons participating in an alternative retirement
plan under this Section shall be deemed to be members of the
Fund who participate in an alternative retirement plan.
Notwithstanding any provision of this Article to the contrary,
the alternative retirement plan need not comply with any
mandatory provisions of the existing retirement plan.
(40 ILCS 5/13-101.5 new)
Sec. 13-101.5. Alternative retirement plan; local control
of benefits.

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(a) The Metropolitan Water Reclamation District of Greater
Chicago may, at any time on or after the effective date of this
Section, provide by ordinance for an alternative retirement
plan, either in addition to or in lieu of the existing plan
under this Article, for its eligible new employees. The
alternative retirement plan shall apply only to persons who
have not participated in the existing plan under this Article.
(b) The alternative retirement plan may include a
defined-benefit component, a defined-contribution component,
or both, and may, but is not required to, include disability or
survivor benefits and any other provisions or benefits that are
permitted under federal law. The alternative retirement plan is
not required to provide any minimum level of benefits and need
not provide any benefits at all, other than mandatory Social
Security coverage if applicable.
(c) Service credit received under an alternative
retirement plan may not be transferred to any other pension
fund or retirement system and may not be used under the
Retirement Systems Reciprocal Act.
(d) Providing an alternative retirement plan does not
release the Metropolitan Water Reclamation District of Greater
Chicago from the obligation of continuing to participate under
this Article with regard to participants in the existing
retirement plan. In no event may the city in any way diminish
or impair the rights or benefits of participants in the
existing retirement plan.

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(e) Persons participating in an alternative retirement
plan under this Section shall be deemed to be members of the
Fund who participate in an alternative retirement plan.
Notwithstanding any provision of this Article to the contrary,
the alternative retirement plan need not comply with any
mandatory provisions of the existing retirement plan.
(40 ILCS 5/15-101.5 new)
Sec. 15-101.5. Alternative retirement plan; local control
of benefits by community colleges.
(a) The board of trustees of a community college district
that is an employer under this Article may, at any time on or
after the effective date of this Section, provide by resolution
for an alternative retirement plan, either in addition to or in
lieu of the existing plan under this Article, for its eligible
new employees. The alternative retirement plan shall apply only
to persons who have not participated in the existing plan under
this Article.
(b) The alternative retirement plan may include a
defined-benefit component, a defined-contribution component,
or both, and may, but is not required to, include disability or
survivor benefits and any other provisions or benefits that are
permitted under federal law. The alternative retirement plan is
not required to provide any minimum level of benefits and need
not provide any benefits at all, other than mandatory Social
Security coverage if applicable.

HB2749 - 19 - LRB101 09210 RPS 54304 b
(c) Service credit received under an alternative
retirement plan may not be transferred to any other pension
fund or retirement system and may not be used under the
Retirement Systems Reciprocal Act.
(d) Providing an alternative retirement plan does not
release the community college district from the obligation of
continuing to participate under this Article with regard to
participants in the existing retirement plan. The alternative
retirement plan provided by the community college district
shall be funded with contributions from that community college
district and its employees who participate in the alternative
retirement plan. In no event may the community college district
in any way diminish or impair the rights or benefits of
participants in the existing retirement plan.
(e) Persons participating in an alternative retirement
plan under this Section shall be deemed to be participants in
the System who participate in an alternative retirement plan.
Notwithstanding any provision of this Article to the contrary,
the alternative retirement plan need not comply with any
mandatory provisions of the existing retirement plan.
(40 ILCS 5/16-101.5 new)
Sec. 16-101.5. Alternative retirement plan; local control
of benefits by school districts.
(a) The governing body of a school district that is an
employer under this Article may, at any time on or after the

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effective date of this Section, provide by resolution for an
alternative retirement plan, either in addition to or in lieu
of the existing plan under this Article, for its eligible new
teachers. The alternative retirement plan shall apply only to
persons who have not participated in the existing plan under
this Article.
(b) The alternative retirement plan may include a
defined-benefit component, a defined-contribution component,
or both, and may, but is not required to, include disability or
survivor benefits and any other provisions or benefits that are
permitted under federal law. The alternative retirement plan is
not required to provide any minimum level of benefits and need
not provide any benefits at all, other than mandatory Social
Security coverage if applicable.
(c) Service credit received under an alternative
retirement plan may not be transferred to any other pension
fund or retirement system and may not be used under the
Retirement Systems Reciprocal Act.
(d) Providing an alternative retirement plan does not
release the school district from the obligation of continuing
to participate under this Article with regard to participants
in the existing retirement plan. The alternative retirement
plan provided by the school district shall be funded with
contributions from that school district and its employees who
participate in the alternative retirement plan. In no event may
the school district in any way diminish or impair the rights or

HB2749 - 21 - LRB101 09210 RPS 54304 b
benefits of participants in the existing retirement plan.
(e) Persons participating in an alternative retirement
plan under this Section shall be deemed to be participants in
the System who participate in an alternative retirement plan.
Notwithstanding any provision of this Article to the contrary,
the alternative retirement plan need not comply with any
mandatory provisions of the existing retirement plan.
(40 ILCS 5/17-101.5 new)
Sec. 17-101.5. Alternative retirement plan; local control
of benefits.
(a) The city council may, at any time on or after the
effective date of this Section, provide by resolution for an
alternative retirement plan, either in addition to or in lieu
of the existing plan under this Article, for eligible new
teachers. The alternative retirement plan shall apply only to
persons who have not participated in the existing plan under
this Article.
(b) The alternative retirement plan may include a
defined-benefit component, a defined-contribution component,
or both, and may, but is not required to, include disability or
survivor benefits and any other provisions or benefits that are
permitted under federal law. The alternative retirement plan is
not required to provide any minimum level of benefits and need
not provide any benefits at all, other than mandatory Social
Security coverage if applicable.

HB2749 - 22 - LRB101 09210 RPS 54304 b
(c) Service credit received under an alternative
retirement plan may not be transferred to any other pension
fund or retirement system and may not be used under the
Retirement Systems Reciprocal Act.
(d) Providing an alternative retirement plan does not
release the city or the Board of Education from the obligation
of continuing to participate under this Article with regard to
participants in the existing retirement plan. The alternative
retirement plan provided by the city shall be funded with
contributions from the city or the Board of Education, and the
teachers who participate in the alternative retirement plan. In
no event may the city or the Board of Education in any way
diminish or impair the rights or benefits of participants in
the existing retirement plan.
(e) Persons participating in an alternative retirement
plan under this Section shall be deemed to be members of the
Fund who participate in an alternative retirement plan.
Notwithstanding any provision of this Article to the contrary,
the alternative retirement plan need not comply with any
mandatory provisions of the existing retirement plan.
Section 15. The Illinois Educational Labor Relations Act is
amended by adding Section 10.6 as follows:
(115 ILCS 5/10.6 new)
Sec. 10.6. Mandatory collective bargaining regarding

HB2749 - 23 - LRB101 09210 RPS 54304 b
alternative retirement plans not required. Notwithstanding any
other provision of this Act, employers shall not be subject to
mandatory collective bargaining with regard to the adoption or
implementation of an alternative retirement plan authorized by
this amendatory Act of the 101st General Assembly.
HB2749 - 24 - LRB101 09210 RPS 54304 b
INDEX
Statutes amended in order of appearance