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Full Text of HB1447  97th General Assembly

HB1447eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB1447 EngrossedLRB097 05201 JDS 45250 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 2-108.1, 2-119.1, 2-121.1, 18-125, 18-125.1, and
618-128.01 as follows:
 
7    (40 ILCS 5/2-108.1)  (from Ch. 108 1/2, par. 2-108.1)
8    Sec. 2-108.1. Highest salary for annuity purposes.
9    (a) "Highest salary for annuity purposes" means whichever
10of the following is applicable to the participant:
11    For a participant who first becomes a participant of this
12System before August 10, 2009 (the effective date of Public Act
1396-207):
14        (1) For a participant who is a member of the General
15    Assembly on his or her last day of service: the highest
16    salary that is prescribed by law, on the participant's last
17    day of service, for a member of the General Assembly who is
18    not an officer; plus, if the participant was elected or
19    appointed to serve as an officer of the General Assembly
20    for 2 or more years and has made contributions as required
21    under subsection (d) of Section 2-126, the highest
22    additional amount of compensation prescribed by law, at the
23    time of the participant's service as an officer, for

 

 

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1    members of the General Assembly who serve in that office.
2        (2) For a participant who holds one of the State
3    executive offices specified in Section 2-105 on his or her
4    last day of service: the highest salary prescribed by law
5    for service in that office on the participant's last day of
6    service.
7        (3) For a participant who is Clerk or Assistant Clerk
8    of the House of Representatives or Secretary or Assistant
9    Secretary of the Senate on his or her last day of service:
10    the salary received for service in that capacity on the
11    last day of service, but not to exceed the highest salary
12    (including additional compensation for service as an
13    officer) that is prescribed by law on the participant's
14    last day of service for the highest paid officer of the
15    General Assembly.
16        (4) For a participant who is a continuing participant
17    under Section 2-117.1 on his or her last day of service:
18    the salary received for service in that capacity on the
19    last day of service, but not to exceed the highest salary
20    (including additional compensation for service as an
21    officer) that is prescribed by law on the participant's
22    last day of service for the highest paid officer of the
23    General Assembly.
24    For a participant who first becomes a participant of this
25System on or after August 10, 2009 (the effective date of
26Public Act 96-207) and before January 1, 2011 (the effective

 

 

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1date of Public Act 96-889), the average monthly salary obtained
2by dividing the total salary of the participant during the
3period of: (1) the 48 consecutive months of service within the
4last 120 months of service in which the total compensation was
5the highest, or (2) the total period of service, if less than
648 months, by the number of months of service in that period.
7    For a participant who first becomes a participant of this
8System on or after January 1, 2011 (the effective date of
9Public Act 96-889), the average monthly salary obtained by
10dividing the total salary of the participant during the 96
11consecutive months of service within the last 120 months of
12service in which the total compensation was the highest by the
13number of months of service in that period; however, beginning
14January 1, 2011, the highest salary for annuity purposes may
15not exceed $106,800, except that that amount shall annually
16thereafter be increased by the lesser of (i) 3% of that amount,
17including all previous adjustments, or (ii) the annual
18unadjusted percentage increase (but not less than zero) in the
19consumer price index-u for the 12 months ending with the
20September preceding each November 1.
21    For a participant who is a participant on the effective
22date of this amendatory Act of the 97th General Assembly and
23who irrevocably elects the reduced benefits under this
24paragraph and for a participant who first becomes a participant
25of this System after the effective date of this amendatory Act
26of the 97th General Assembly, the average monthly salary

 

 

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1obtained by dividing the total salary of the participant during
2the 96 consecutive months of service within the last 120 months
3of service in which the total compensation was the highest by
4the number of months of service in that period; however,
5beginning on the effective date of this amendatory Act of the
697th General Assembly, the highest salary for annuity purposes
7may not, for the affected persons, exceed $106,800, except that
8that amount shall annually thereafter be increased by the
9lesser of (i) 3% of that amount, including all previous
10adjustments, or (ii) one-half the annual unadjusted percentage
11increase (but not less than zero) in the consumer price index-u
12for the 12 months ending with the September preceding each
13November 1.
14    "Consumer price index-u" means the index published by the
15Bureau of Labor Statistics of the United States Department of
16Labor that measures the average change in prices of goods and
17services purchased by all urban consumers, United States city
18average, all items, 1982-84 = 100. The new amount resulting
19from each annual adjustment shall be determined by the Public
20Pension Division of the Department of Insurance and made
21available to the Board by November 1 of each year.
22    (b) The earnings limitations of subsection (a) apply to
23earnings under any other participating system under the
24Retirement Systems Reciprocal Act that are considered in
25calculating a proportional annuity under this Article, except
26in the case of a person who first became a member of this

 

 

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1System before August 22, 1994.
2    (c) In calculating the subsection (a) earnings limitation
3to be applied to earnings under any other participating system
4under the Retirement Systems Reciprocal Act for the purpose of
5calculating a proportional annuity under this Article, the
6participant's last day of service shall be deemed to mean the
7last day of service in any participating system from which the
8person has applied for a proportional annuity under the
9Retirement Systems Reciprocal Act.
10(Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11;
1196-1490, eff. 1-1-11.)
 
12    (40 ILCS 5/2-119.1)  (from Ch. 108 1/2, par. 2-119.1)
13    Sec. 2-119.1. Automatic increase in retirement annuity.
14    (a) A participant who retires after June 30, 1967, and who
15has not received an initial increase under this Section before
16the effective date of this amendatory Act of 1991, shall, in
17January or July next following the first anniversary of
18retirement, whichever occurs first, and in the same month of
19each year thereafter, but in no event prior to age 60, have the
20amount of the originally granted retirement annuity increased
21as follows: for each year through 1971, 1 1/2%; for each year
22from 1972 through 1979, 2%; and for 1980 and each year
23thereafter, 3%. Annuitants who have received an initial
24increase under this subsection prior to the effective date of
25this amendatory Act of 1991 shall continue to receive their

 

 

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1annual increases in the same month as the initial increase.
2    (b) Beginning January 1, 1990, for eligible participants
3who remain in service after attaining 20 years of creditable
4service, the 3% increases provided under subsection (a) shall
5begin to accrue on the January 1 next following the date upon
6which the participant (1) attains age 55, or (2) attains 20
7years of creditable service, whichever occurs later, and shall
8continue to accrue while the participant remains in service;
9such increases shall become payable on January 1 or July 1,
10whichever occurs first, next following the first anniversary of
11retirement. For any person who has service credit in the System
12for the entire period from January 15, 1969 through December
1331, 1992, regardless of the date of termination of service, the
14reference to age 55 in clause (1) of this subsection (b) shall
15be deemed to mean age 50.
16    This subsection (b) does not apply to any person who first
17becomes a member of the System after the effective date of this
18amendatory Act of the 93rd General Assembly.
19    (b-5) Notwithstanding any other provision of this Article,
20a participant who first becomes a participant on or after
21January 1, 2011 (the effective date of Public Act 96-889)
22shall, in January or July next following the first anniversary
23of retirement, whichever occurs first, and in the same month of
24each year thereafter, but in no event prior to age 67, have the
25amount of the retirement annuity then being paid increased by
263% or the annual unadjusted percentage increase in the Consumer

 

 

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1Price Index for All Urban Consumers as determined by the Public
2Pension Division of the Department of Insurance under
3subsection (a) of Section 2-108.1, whichever is less.
4    (b-10) Notwithstanding any other provision of this
5Article, a participant who is a participant on the effective
6date of this amendatory Act of the 97th General Assembly and
7who irrevocably elects the reduced benefits under this
8subsection (b-10) and a participant who first becomes a
9participant after the effective date of this amendatory Act of
10the 97th General Assembly shall, in January or July next
11following the first anniversary of retirement, whichever
12occurs first, and in the same month of each year thereafter,
13but in no event prior to age 67, have the annuity increased by
143% or one-half the annual unadjusted percentage increase (but
15not less than zero) in the Consumer Price Index for All Urban
16Consumers as determined by the Public Pension Division of the
17Department of Insurance under subsection (a) of Section
182-108.1, whichever is less, of the originally granted
19retirement annuity.
20    (c) The foregoing provisions relating to automatic
21increases are not applicable to a participant who retires
22before having made contributions (at the rate prescribed in
23Section 2-126) for automatic increases for less than the
24equivalent of one full year. However, in order to be eligible
25for the automatic increases, such a participant may make
26arrangements to pay to the system the amount required to bring

 

 

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1the total contributions for the automatic increase to the
2equivalent of one year's contributions based upon his or her
3last salary.
4    (d) A participant who terminated service prior to July 1,
51967, with at least 14 years of service is entitled to an
6increase in retirement annuity beginning January, 1976, and to
7additional increases in January of each year thereafter.
8    The initial increase shall be 1 1/2% of the originally
9granted retirement annuity multiplied by the number of full
10years that the annuitant was in receipt of such annuity prior
11to January 1, 1972, plus 2% of the originally granted
12retirement annuity for each year after that date. The
13subsequent annual increases shall be at the rate of 2% of the
14originally granted retirement annuity for each year through
151979 and at the rate of 3% for 1980 and thereafter.
16    (e) Beginning January 1, 1990, all automatic annual
17increases payable under this Section shall be calculated as a
18percentage of the total annuity payable at the time of the
19increase, including previous increases granted under this
20Article.
21(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
 
22    (40 ILCS 5/2-121.1)  (from Ch. 108 1/2, par. 2-121.1)
23    Sec. 2-121.1. Survivor's annuity - amount.
24    (a) A surviving spouse shall be entitled to 66 2/3% of the
25amount of retirement annuity to which the participant or

 

 

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1annuitant was entitled on the date of death, without regard to
2whether the participant had attained age 55 prior to his or her
3death, subject to a minimum payment of 10% of salary. If a
4surviving spouse, regardless of age, has in his or her care at
5the date of death any eligible child or children of the
6participant, the survivor's annuity shall be the greater of the
7following: (1) 66 2/3% of the amount of retirement annuity to
8which the participant or annuitant was entitled on the date of
9death, or (2) 30% of the participant's salary increased by 10%
10of salary on account of each such child, subject to a total
11payment for the surviving spouse and children of 50% of salary.
12If eligible children survive but there is no surviving spouse,
13or if the surviving spouse dies or becomes disqualified by
14remarriage while eligible children survive, each eligible
15child shall be entitled to an annuity of 20% of salary, subject
16to a maximum total payment for all such children of 50% of
17salary.
18    However, the survivor's annuity payable under this Section
19shall not be less than 100% of the amount of retirement annuity
20to which the participant or annuitant was entitled on the date
21of death, if he or she is survived by a dependent disabled
22child.
23    The salary to be used for determining these benefits shall
24be the salary used for determining the amount of retirement
25annuity as provided in Section 2-119.01.
26    (b) Upon the death of a participant after the termination

 

 

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1of service or upon death of an annuitant, the maximum total
2payment to a surviving spouse and eligible children, or to
3eligible children alone if there is no surviving spouse, shall
4be 75% of the retirement annuity to which the participant or
5annuitant was entitled, unless there is a dependent disabled
6child among the survivors.
7    (c) When a child ceases to be an eligible child, the
8annuity to that child, or to the surviving spouse on account of
9that child, shall thereupon cease, and the annuity payable to
10the surviving spouse or other eligible children shall be
11recalculated if necessary.
12    Upon the ineligibility of the last eligible child, the
13annuity shall immediately revert to the amount payable upon
14death of a participant or annuitant who leaves no eligible
15children. If the surviving spouse is then under age 50, the
16annuity as revised shall be deferred until the attainment of
17age 50.
18    (d) Beginning January 1, 1990, every survivor's annuity
19shall be increased (1) on each January 1 occurring on or after
20the commencement of the annuity if the deceased member died
21while receiving a retirement annuity, or (2) in other cases, on
22each January 1 occurring on or after the first anniversary of
23the commencement of the annuity, by an amount equal to 3% of
24the current amount of the annuity, including any previous
25increases under this Article. Such increases shall apply
26without regard to whether the deceased member was in service on

 

 

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1or after the effective date of this amendatory Act of 1991, but
2shall not accrue for any period prior to January 1, 1990.
3    (d-5) Notwithstanding any other provision of this Article,
4the initial survivor's annuity of a survivor of a participant
5who first becomes a participant on or after January 1, 2011
6(the effective date of Public Act 96-889) shall be in the
7amount of 66 2/3% of the amount of the retirement annuity to
8which the participant or annuitant was entitled on the date of
9death and shall be increased (1) on each January 1 occurring on
10or after the commencement of the annuity if the deceased member
11died while receiving a retirement annuity or (2) in other
12cases, on each January 1 occurring on or after the first
13anniversary of the commencement of the annuity, by an amount
14equal to 3% or the annual unadjusted percentage increase in the
15Consumer Price Index for All Urban Consumers as determined by
16the Public Pension Division of the Department of Insurance
17under subsection (a) of Section 2-108.1, whichever is less, of
18the survivor's annuity then being paid.
19    (d-10) Notwithstanding any other provision of this
20Article, the initial survivor's annuity of a survivor of (i) a
21participant who is a participant on the effective date of this
22amendatory Act of the 97th General Assembly and who irrevocably
23elects the reduced benefits under this subsection (d-10) and
24(ii) a participant who first becomes a participant after the
25effective date of this amendatory Act of the 97th General
26Assembly shall be in the amount of 66 2/3% of the amount of the

 

 

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1retirement annuity to which the participant or annuitant was
2entitled on the date of death and shall be increased (1) on
3each January 1 occurring on or after the commencement of the
4annuity if the deceased member died while receiving a
5retirement annuity or (2) in other cases, on each January 1
6occurring on or after the first anniversary of the commencement
7of the annuity, by an amount equal to 3% or one-half the annual
8unadjusted percentage increase (but not less than zero) in the
9Consumer Price Index for All Urban Consumers as determined by
10the Public Pension Division of the Department of Insurance
11under subsection (a) of Section 2-108.1, whichever is less, of
12the originally granted survivor's annuity.
13    (e) Notwithstanding any other provision of this Article,
14beginning January 1, 1990, the minimum survivor's annuity
15payable to any person who is entitled to receive a survivor's
16annuity under this Article shall be $300 per month, without
17regard to whether or not the deceased participant was in
18service on the effective date of this amendatory Act of 1989.
19    (f) In the case of a proportional survivor's annuity
20arising under the Retirement Systems Reciprocal Act where the
21amount payable by the System on January 1, 1993 is less than
22$300 per month, the amount payable by the System shall be
23increased beginning on that date by a monthly amount equal to
24$2 for each full year that has expired since the annuity began.
25(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
 

 

 

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1    (40 ILCS 5/18-125)  (from Ch. 108 1/2, par. 18-125)
2    Sec. 18-125. Retirement annuity amount.
3    (a) The annual retirement annuity for a participant who
4terminated service as a judge prior to July 1, 1971 shall be
5based on the law in effect at the time of termination of
6service.
7    (b) Except as provided in subsection (b-5), effective July
81, 1971, the retirement annuity for any participant in service
9on or after such date shall be 3 1/2% of final average salary,
10as defined in this Section, for each of the first 10 years of
11service, and 5% of such final average salary for each year of
12service on excess of 10.
13    For purposes of this Section, final average salary for a
14participant who first serves as a judge before August 10, 2009
15(the effective date of Public Act 96-207) shall be:
16        (1) the average salary for the last 4 years of credited
17    service as a judge for a participant who terminates service
18    before July 1, 1975.
19        (2) for a participant who terminates service after June
20    30, 1975 and before July 1, 1982, the salary on the last
21    day of employment as a judge.
22        (3) for any participant who terminates service after
23    June 30, 1982 and before January 1, 1990, the average
24    salary for the final year of service as a judge.
25        (4) for a participant who terminates service on or
26    after January 1, 1990 but before the effective date of this

 

 

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1    amendatory Act of 1995, the salary on the last day of
2    employment as a judge.
3        (5) for a participant who terminates service on or
4    after the effective date of this amendatory Act of 1995,
5    the salary on the last day of employment as a judge, or the
6    highest salary received by the participant for employment
7    as a judge in a position held by the participant for at
8    least 4 consecutive years, whichever is greater.
9    However, in the case of a participant who elects to
10discontinue contributions as provided in subdivision (a)(2) of
11Section 18-133, the time of such election shall be considered
12the last day of employment in the determination of final
13average salary under this subsection.
14    For a participant who first serves as a judge on or after
15August 10, 2009 (the effective date of Public Act 96-207) and
16before January 1, 2011 (the effective date of Public Act
1796-889), final average salary shall be the average monthly
18salary obtained by dividing the total salary of the participant
19during the period of: (1) the 48 consecutive months of service
20within the last 120 months of service in which the total
21compensation was the highest, or (2) the total period of
22service, if less than 48 months, by the number of months of
23service in that period.
24    The maximum retirement annuity for any participant shall be
2585% of final average salary.
26    (b-5) Notwithstanding any other provision of this Article,

 

 

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1for a participant who first serves as a judge on or after
2January 1, 2011 (the effective date of Public Act 96-889), the
3annual retirement annuity is 3% of the participant's final
4average salary for each year of service. The maximum retirement
5annuity payable shall be 60% of the participant's final average
6salary.
7    For a participant who first serves as a judge on or after
8January 1, 2011 (the effective date of Public Act 96-889),
9final average salary shall be the average monthly salary
10obtained by dividing the total salary of the judge during the
1196 consecutive months of service within the last 120 months of
12service in which the total salary was the highest by the number
13of months of service in that period; however, beginning January
141, 2011, the annual salary may not exceed $106,800, except that
15that amount shall annually thereafter be increased by the
16lesser of (i) 3% of that amount, including all previous
17adjustments, or (ii) the annual unadjusted percentage increase
18(but not less than zero) in the consumer price index-u for the
1912 months ending with the September preceding each November 1.
20    For a participant who serves as a judge on the effective
21date of this amendatory Act of the 97th General Assembly and
22who irrevocably elects the reduced benefits under this
23paragraph and for a participant who first serves as a judge
24after the effective date of this amendatory Act of the 97th
25General Assembly, final average salary shall be the average
26monthly salary obtained by dividing the total salary of the

 

 

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1judge during the 96 consecutive months of service within the
2last 120 months of service in which the total salary was the
3highest by the number of months of service in that period;
4however, beginning on the effective date of this amendatory Act
5of the 97th General Assembly, the annual salary may not, for
6affected judges, exceed $106,800, except that that amount shall
7annually thereafter be increased by the lesser of (1) 3% of
8that amount, including all previous adjustments, or (2)
9one-half the annual unadjusted percentage increase (but not
10less than zero) in the consumer price index-u for the 12 months
11ending with the September preceding each November 1.
12    "Consumer price index-u" means the index published by the
13Bureau of Labor Statistics of the United States Department of
14Labor that measures the average change in prices of goods and
15services purchased by all urban consumers, United States city
16average, all items, 1982-84 = 100. The new amount resulting
17from each annual adjustment shall be determined by the Public
18Pension Division of the Department of Insurance and made
19available to the Board by November 1st of each year.
20    (c) The retirement annuity for a participant who retires
21prior to age 60 with less than 28 years of service in the
22System shall be reduced 1/2 of 1% for each month that the
23participant's age is under 60 years at the time the annuity
24commences. However, for a participant who retires on or after
25the effective date of this amendatory Act of the 91st General
26Assembly, the percentage reduction in retirement annuity

 

 

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1imposed under this subsection shall be reduced by 5/12 of 1%
2for every month of service in this System in excess of 20
3years, and therefore a participant with at least 26 years of
4service in this System may retire at age 55 without any
5reduction in annuity.
6    The reduction in retirement annuity imposed by this
7subsection shall not apply in the case of retirement on account
8of disability.
9    (d) Notwithstanding any other provision of this Article,
10for a participant who first serves as a judge on or after
11January 1, 2011 (the effective date of Public Act 96-889) and
12who is retiring after attaining age 62, the retirement annuity
13shall be reduced by 1/2 of 1% for each month that the
14participant's age is under age 67 at the time the annuity
15commences.
16(Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11;
1796-1000, eff. 7-2-10; 96-1490, eff. 1-1-11.)
 
18    (40 ILCS 5/18-125.1)  (from Ch. 108 1/2, par. 18-125.1)
19    Sec. 18-125.1. Automatic increase in retirement annuity. A
20participant who retires from service after June 30, 1969,
21shall, in January of the year next following the year in which
22the first anniversary of retirement occurs, and in January of
23each year thereafter, have the amount of his or her originally
24granted retirement annuity increased as follows: for each year
25up to and including 1971, 1 1/2%; for each year from 1972

 

 

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1through 1979 inclusive, 2%; and for 1980 and each year
2thereafter, 3%.
3    Notwithstanding any other provision of this Article, a
4retirement annuity for a participant who first serves as a
5judge on or after January 1, 2011 (the effective date of Public
6Act 96-889) shall be increased in January of the year next
7following the year in which the first anniversary of retirement
8occurs, but in no event prior to age 67, and in January of each
9year thereafter, by an amount equal to 3% or the annual
10percentage increase in the consumer price index-u as determined
11by the Public Pension Division of the Department of Insurance
12under subsection (b-5) of Section 18-125, whichever is less, of
13the retirement annuity then being paid.
14    Notwithstanding any other provision of this Article, a
15retirement annuity for a participant who serves as a judge on
16the effective date of this amendatory Act of the 97th General
17Assembly and who irrevocably elects the reduced benefits under
18this paragraph and for a participant who first serves as a
19judge after the effective date of this amendatory Act of the
2097th General Assembly shall be increased in January of the year
21next following the year in which the first anniversary of
22retirement occurs, but in no event prior to age 67, and in
23January of each year thereafter, by an amount equal to 3% or
24one-half the annual unadjusted percentage increase (but not
25less than zero) in the consumer price index-u as determined by
26the Public Pension Division of the Department of Insurance

 

 

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1under subsection (b-5) of Section 18-125, whichever is less, of
2the originally granted retirement annuity.
3    This Section is not applicable to a participant who retires
4before he or she has made contributions at the rate prescribed
5in Section 18-133 for automatic increases for not less than the
6equivalent of one full year, unless such a participant arranges
7to pay the system the amount required to bring the total
8contributions for the automatic increase to the equivalent of
9one year's contribution based upon his or her last year's
10salary.
11    This Section is applicable to all participants in service
12after June 30, 1969 unless a participant has elected, prior to
13September 1, 1969, in a written direction filed with the board
14not to be subject to the provisions of this Section. Any
15participant in service on or after July 1, 1992 shall have the
16option of electing prior to April 1, 1993, in a written
17direction filed with the board, to be covered by the provisions
18of the 1969 amendatory Act. Such participant shall be required
19to make the aforesaid additional contributions with compound
20interest at 4% per annum.
21    Any participant who has become eligible to receive the
22maximum rate of annuity and who resumes service as a judge
23after receiving a retirement annuity under this Article shall
24have the amount of his or her retirement annuity increased by
253% of the originally granted annuity amount for each year of
26such resumed service, beginning in January of the year next

 

 

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1following the date of such resumed service, upon subsequent
2termination of such resumed service.
3    Beginning January 1, 1990, all automatic annual increases
4payable under this Section shall be calculated as a percentage
5of the total annuity payable at the time of the increase,
6including previous increases granted under this Article.
7(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
 
8    (40 ILCS 5/18-128.01)  (from Ch. 108 1/2, par. 18-128.01)
9    Sec. 18-128.01. Amount of survivor's annuity.
10    (a) Upon the death of an annuitant, his or her surviving
11spouse shall be entitled to a survivor's annuity of 66 2/3% of
12the annuity the annuitant was receiving immediately prior to
13his or her death, inclusive of annual increases in the
14retirement annuity to the date of death.
15    (b) Upon the death of an active participant, his or her
16surviving spouse shall receive a survivor's annuity of 66 2/3%
17of the annuity earned by the participant as of the date of his
18or her death, determined without regard to whether the
19participant had attained age 60 as of that time, or 7 1/2% of
20the last salary of the decedent, whichever is greater.
21    (c) Upon the death of a participant who had terminated
22service with at least 10 years of service, his or her surviving
23spouse shall be entitled to a survivor's annuity of 66 2/3% of
24the annuity earned by the deceased participant at the date of
25death.

 

 

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1    (d) Upon the death of an annuitant, active participant, or
2participant who had terminated service with at least 10 years
3of service, each surviving child under the age of 18 or
4disabled as defined in Section 18-128 shall be entitled to a
5child's annuity in an amount equal to 5% of the decedent's
6final salary, not to exceed in total for all such children the
7greater of 20% of the decedent's last salary or 66 2/3% of the
8annuity received or earned by the decedent as provided under
9subsections (a) and (b) of this Section. This child's annuity
10shall be paid whether or not a survivor's annuity was elected
11under Section 18-123.
12    (e) The changes made in the survivor's annuity provisions
13by Public Act 82-306 shall apply to the survivors of a deceased
14participant or annuitant whose death occurs on or after August
1521, 1981.
16    (f) Beginning January 1, 1990, every survivor's annuity
17shall be increased (1) on each January 1 occurring on or after
18the commencement of the annuity if the deceased member died
19while receiving a retirement annuity, or (2) in other cases, on
20each January 1 occurring on or after the first anniversary of
21the commencement of the annuity, by an amount equal to 3% of
22the current amount of the annuity, including any previous
23increases under this Article. Such increases shall apply
24without regard to whether the deceased member was in service on
25or after the effective date of this amendatory Act of 1991, but
26shall not accrue for any period prior to January 1, 1990.

 

 

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1    (g) Notwithstanding any other provision of this Article,
2the initial survivor's annuity for a survivor of a participant
3who first serves as a judge after January 1, 2011 (the
4effective date of Public Act 96-889) shall be in the amount of
566 2/3% of the annuity received or earned by the decedent, and
6shall be increased (1) on each January 1 occurring on or after
7the commencement of the annuity if the deceased participant
8died while receiving a retirement annuity, or (2) in other
9cases, on each January 1 occurring on or after the first
10anniversary of the commencement of the annuity, but in no event
11prior to age 67, by an amount equal to 3% or the annual
12unadjusted percentage increase in the consumer price index-u as
13determined by the Public Pension Division of the Department of
14Insurance under subsection (b-5) of Section 18-125, whichever
15is less, of the survivor's annuity then being paid.
16    (h) Notwithstanding any other provision of this Article,
17the initial survivor's annuity for (i) a participant who serves
18as a judge on the effective date of this amendatory Act of the
1997th General Assembly and who irrevocably elects the reduced
20benefits under this subsection (h) and (ii) a survivor of a
21participant who first serves as a judge after the effective
22date of this amendatory Act of the 97th General Assembly shall
23be in the amount of 66 2/3% of the annuity received or earned
24by the decedent, and shall be increased (1) on each January 1
25occurring on or after the commencement of the annuity if the
26deceased participant died while receiving a retirement

 

 

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1annuity, or (2) in other cases, on each January 1 occurring on
2or after the first anniversary of the commencement of the
3annuity, but in no event prior to age 67, by an amount equal to
43% or one-half the annual unadjusted percentage increase (but
5not less than zero) in the consumer price index-u as determined
6by the Public Pension Division of the Department of Insurance
7under subsection (b-5) of Section 18-125, whichever is less, of
8the originally granted survivor's annuity.
9(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)