Full Text of HB1165 98th General Assembly
HB1165ham001 98TH GENERAL ASSEMBLY | Rep. Michael J. Madigan Filed: 2/26/2013
| | 09800HB1165ham001 | | LRB098 08854 EFG 41389 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 1165
| 2 | | AMENDMENT NO. ______. Amend House Bill 1165 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 2-119, 2-119.01, 14-107, 14-108, 14-110, | 6 | | 15-135, 15-136, 16-132, 16-133, and 16-133.2 as follows:
| 7 | | (40 ILCS 5/2-119) (from Ch. 108 1/2, par. 2-119)
| 8 | | Sec. 2-119. Retirement annuity - conditions for | 9 | | eligibility. | 10 | | (a)
A participant whose service as a
member is terminated, | 11 | | regardless of age or cause, is entitled to a retirement
annuity | 12 | | beginning on the date specified by the participant in
a written | 13 | | application subject to the following conditions:
| 14 | | 1. The date the annuity begins does not precede
the | 15 | | date of final
termination of service, or is not more than | 16 | | 30 days before the receipt
of the application
by the board |
| | | 09800HB1165ham001 | - 2 - | LRB098 08854 EFG 41389 a |
|
| 1 | | in the case of annuities based on disability or one year | 2 | | before
the receipt of the application in the case of | 3 | | annuities
based on attained age;
| 4 | | 2. The participant meets one of the following | 5 | | eligibility requirements: | 6 | | For a participant who first becomes a participant of | 7 | | this System before January 1, 2011 (the effective date of | 8 | | Public Act 96-889) and terminates service before the | 9 | | effective date of this amendatory Act of the 98th General | 10 | | Assembly :
| 11 | | (A) He or she has attained age 55 and has at least | 12 | | 8 years of service credit;
| 13 | | (B) He or she has attained age 62 and terminated | 14 | | service after July 1,
1971 with at least 4 years of | 15 | | service credit; or
| 16 | | (C) He or she has completed 8 years of service and | 17 | | has become
permanently disabled and as a consequence, | 18 | | is unable to perform the duties
of his or her office.
| 19 | | For a participant who first becomes a participant of | 20 | | this System on or after January 1, 2011 (the effective date | 21 | | of Public Act 96-889) and for any participant who is in | 22 | | service on or after the effective date of this amendatory | 23 | | Act of the 98th General Assembly , he or she has attained | 24 | | age 67 and has at least 8 years of service credit. | 25 | | (a-5) A participant who first becomes a participant of this | 26 | | System on or after January 1, 2011 (the effective date of |
| | | 09800HB1165ham001 | - 3 - | LRB098 08854 EFG 41389 a |
|
| 1 | | Public Act 96-889) or who is in service on or after the | 2 | | effective date of this amendatory Act of the 98th General | 3 | | Assembly, and who has attained age 62 and has at least 8 years | 4 | | of service credit , may elect to receive the lower retirement | 5 | | annuity provided
in paragraph (c) of Section 2-119.01 of this | 6 | | Code. | 7 | | (b) A participant shall be considered permanently disabled | 8 | | only if:
(1) disability occurs while in service and is
of such | 9 | | a nature
as to prevent him or her from reasonably performing | 10 | | the duties of his
or her office at
the time; and (2) the board | 11 | | has received a written certificate by at
least 2 licensed | 12 | | physicians appointed by the board stating that the member is
| 13 | | disabled and that the disability is likely to be permanent.
| 14 | | (c) The changes made to this Section by this amendatory Act | 15 | | of the 98th General Assembly do not apply to (i) a person not | 16 | | in service on or after that effective date, (ii) a person who | 17 | | was granted or began receiving a retirement annuity under this | 18 | | Article before that effective date, or (iii) an annuity granted | 19 | | because of disability as provided in item 2(C) of subsection | 20 | | (a). | 21 | | (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
| 22 | | (40 ILCS 5/2-119.01) (from Ch. 108 1/2, par. 2-119.01)
| 23 | | Sec. 2-119.01. Retirement annuities - Amount.
| 24 | | (a) For a participant
in service after June 30, 1977 who | 25 | | has not made contributions to this System
after January 1, |
| | | 09800HB1165ham001 | - 4 - | LRB098 08854 EFG 41389 a |
|
| 1 | | 1982, the annual retirement annuity is 3% for each of the
first | 2 | | 8 years of service, plus 4% for each of the next 4 years of | 3 | | service,
plus 5% for each year of service in excess of 12 | 4 | | years, based on the
participant's highest salary for annuity | 5 | | purposes. The maximum
retirement annuity payable
shall be 80% | 6 | | of the participant's highest salary for
annuity purposes.
| 7 | | (b) For a participant in service after June 30, 1977 who | 8 | | has made
contributions to this System on or after January 1, | 9 | | 1982, the annual
retirement annuity is 3% for each of the first | 10 | | 4 years of service, plus 3
1/2% for each of the next 2 years of | 11 | | service, plus 4% for each of the next
2 years of service, plus | 12 | | 4 1/2% for each of the next 4 years of service,
plus 5% for each | 13 | | year of service in excess of 12 years, of the
participant's | 14 | | highest salary for annuity purposes. The maximum retirement
| 15 | | annuity payable shall be 85% of the participant's highest
| 16 | | salary for annuity purposes.
| 17 | | (c) Notwithstanding any other provision of this Article, | 18 | | for a participant who first becomes a participant on or after | 19 | | January 1, 2011 (the effective date of Public Act 96-889), the | 20 | | annual
retirement annuity is 3% of the
participant's highest | 21 | | salary for annuity purposes for each year of service. The | 22 | | maximum retirement
annuity payable shall be 60% of the | 23 | | participant's highest
salary for annuity purposes. | 24 | | (d) As provided in Section 2-119 Notwithstanding any other | 25 | | provision of this Article , for a participant who first becomes | 26 | | a participant on or after January 1, 2011 (the effective date |
| | | 09800HB1165ham001 | - 5 - | LRB098 08854 EFG 41389 a |
|
| 1 | | of Public Act 96-889) or who is in service on or after the | 2 | | effective date of this amendatory Act of the 98th General | 3 | | Assembly, and who is retiring after attaining age 62 but before | 4 | | age 67 with at least 8 years of service credit, the retirement | 5 | | annuity shall be reduced by one-half
of 1% for each month that | 6 | | the member's age is under age 67. | 7 | | (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
| 8 | | (40 ILCS 5/14-107) (from Ch. 108 1/2, par. 14-107)
| 9 | | Sec. 14-107. Retirement annuity - service and age - | 10 | | conditions. | 11 | | (a)
A member is entitled to a retirement annuity after | 12 | | having at least 8 years of
creditable service.
| 13 | | (b) Except as provided in subsection (c): A member who has | 14 | | at least 35 years of creditable service may claim his
or her | 15 | | retirement annuity at any age.
A member having at least 8 years | 16 | | of creditable service but less than 35 may
claim his or her | 17 | | retirement annuity upon or after attainment of age 60
or, | 18 | | beginning January 1, 2001, any lesser age which, when added to | 19 | | the
number of years of his or her creditable service, equals at | 20 | | least 85.
A member upon or after attainment of age 55 having at | 21 | | least 25 years of creditable service (30 years if retirement is | 22 | | before
January 1, 2001) may elect to receive the lower | 23 | | retirement annuity provided
in paragraph (c) of Section 14-108 | 24 | | of this Code. For purposes of the rule
of 85, portions of years | 25 | | shall be counted in whole months.
|
| | | 09800HB1165ham001 | - 6 - | LRB098 08854 EFG 41389 a |
|
| 1 | | (c) Notwithstanding any other provision of this Article, | 2 | | beginning on the effective date of this amendatory Act of the | 3 | | 98th General Assembly, no person shall be granted a retirement | 4 | | annuity under this Article without having attained age 67; | 5 | | except that a member who has attained age 62 and has at least | 6 | | 10 years of service credit and is otherwise eligible may elect | 7 | | to receive a retirement annuity reduced by one-half
of 1% for | 8 | | each full month that the member's age is under age 67. | 9 | | This limitation does not apply to (i) a person not in | 10 | | service on or after that effective date, (ii) a person who was | 11 | | granted or began receiving a retirement annuity under this | 12 | | Article before that effective date, or (iii) an annuity granted | 13 | | because of disability. This subsection does not grant or | 14 | | accelerate eligibility for a retirement annuity for any person | 15 | | otherwise subject to a more restrictive limit or condition. | 16 | | (d) The allowance shall begin with the first full calendar | 17 | | month specified in the
member's application therefor, the first | 18 | | day of which shall not be before the
date of withdrawal as | 19 | | approved by the board. Regardless of the date of
withdrawal, | 20 | | the allowance need not begin within one year of application
| 21 | | therefor.
| 22 | | (Source: P.A. 91-927, eff. 12-14-00.)
| 23 | | (40 ILCS 5/14-108) (from Ch. 108 1/2, par. 14-108)
| 24 | | Sec. 14-108. Amount of retirement annuity. A member who has | 25 | | contributed to the System for at least 12 months shall
be |
| | | 09800HB1165ham001 | - 7 - | LRB098 08854 EFG 41389 a |
|
| 1 | | entitled to a prior service annuity for each year of certified | 2 | | prior
service credited to him, except that a member shall | 3 | | receive 1/3 of the prior
service annuity for each year of | 4 | | service for which contributions have been
made and all of such | 5 | | annuity shall be payable after the member has made
| 6 | | contributions for a period of 3 years. Proportionate amounts | 7 | | shall be payable
for service of less than a full year after | 8 | | completion of at least 12 months.
| 9 | | The total period of service to be considered in | 10 | | establishing the measure
of prior service annuity shall include | 11 | | service credited in the Teachers'
Retirement System of the | 12 | | State of Illinois and the State Universities
Retirement System | 13 | | for which contributions have been made by the member to
such | 14 | | systems; provided that at least 1 year of the total period of 3 | 15 | | years
prescribed for the allowance of a full measure of prior | 16 | | service annuity
shall consist of membership service in this | 17 | | system for which credit has been
granted.
| 18 | | (a) In the case of a member who retires on or after January | 19 | | 1, 1998 and
is a noncovered employee, the retirement annuity | 20 | | for membership service and
prior service shall be 2.2% of final | 21 | | average compensation for each year of
service. Any service | 22 | | credit established as a covered employee shall be
computed as | 23 | | stated in
paragraph (b).
| 24 | | (b) In the case of a member who retires on or after January | 25 | | 1, 1998
and is a covered employee, the retirement annuity for | 26 | | membership
service and prior service shall be computed as |
| | | 09800HB1165ham001 | - 8 - | LRB098 08854 EFG 41389 a |
|
| 1 | | stated in paragraph (a) for
all service credit established as a | 2 | | noncovered employee; for service credit
established as a | 3 | | covered employee it shall be 1.67% of final average
| 4 | | compensation for each year of service.
| 5 | | (c) For a member
retiring after attaining age 55 but before | 6 | | age 60 with at least 30 but less
than 35 years of creditable | 7 | | service if retirement is before January 1, 2001, or
with at | 8 | | least 25 but less than 30 years of creditable service if | 9 | | retirement is
on or after January 1, 2001 and before the | 10 | | effective date of this amendatory Act of the 98th General | 11 | | Assembly , the retirement annuity shall be reduced by 1/2
of 1% | 12 | | for each month that the member's age is under age 60 at the | 13 | | time of
retirement. | 14 | | For a member
retiring after attaining age 62 but before age | 15 | | 67 with at least 10 years of creditable service, if retirement | 16 | | is on or after the effective date of this amendatory Act of the | 17 | | 98th General Assembly, the retirement annuity shall be | 18 | | discounted as provided in subsection (c) of Section 14-107.
| 19 | | (d) A retirement annuity shall not exceed 75% of final | 20 | | average compensation,
subject to such extension as may result | 21 | | from the application of Section 14-114
or Section 14-115.
| 22 | | (e) The retirement annuity payable to any covered employee | 23 | | who is a member
of the System and in service on January 1, | 24 | | 1969, or in service thereafter
in 1969 as a result of | 25 | | legislation enacted by the Illinois General Assembly
| 26 | | transferring the member to State employment from county |
| | | 09800HB1165ham001 | - 9 - | LRB098 08854 EFG 41389 a |
|
| 1 | | employment in a
county Department of Public Aid in counties of | 2 | | 3,000,000 or more population,
under a plan of coordination with | 3 | | the Old Age, Survivors and Disability
provisions thereof, if | 4 | | not fully insured for Old Age Insurance payments
under the | 5 | | Federal Old Age, Survivors and Disability Insurance provisions
| 6 | | at the date of acceptance of a retirement annuity, shall not be | 7 | | less than
the amount for which the member would have been | 8 | | eligible if coordination
were not applicable.
| 9 | | (f) The retirement annuity payable to any covered employee | 10 | | who is a member
of the System and in service on January 1, | 11 | | 1969, or in service thereafter
in 1969 as a result of the | 12 | | legislation designated in the immediately preceding
paragraph, | 13 | | if fully insured for Old Age Insurance payments under the | 14 | | Federal
Social Security Act at the date of acceptance of a | 15 | | retirement annuity, shall
not be less than an amount which when | 16 | | added to the Primary Insurance Benefit
payable to the member | 17 | | upon attainment of age 65 under such Federal Act,
will equal | 18 | | the annuity which would otherwise be payable if the coordinated
| 19 | | plan of coverage were not applicable.
| 20 | | (g) In the case of a member who is a noncovered employee, | 21 | | the retirement
annuity for membership service as a security | 22 | | employee of the Department of
Corrections or security employee | 23 | | of the Department of Human Services shall
be: if retirement | 24 | | occurs on or after January 1, 2001, 3% of final average
| 25 | | compensation for each year of creditable service; or if | 26 | | retirement occurs
before January 1, 2001, 1.9% of final average |
| | | 09800HB1165ham001 | - 10 - | LRB098 08854 EFG 41389 a |
|
| 1 | | compensation for each of the
first 10 years of service, 2.1% | 2 | | for each of the next 10 years of
service, 2.25% for each year | 3 | | of service in excess of 20 but not
exceeding 30, and 2.5% for | 4 | | each year in excess of 30; except that the
annuity may be | 5 | | calculated under subsection (a) rather than this subsection (g)
| 6 | | if the resulting annuity is greater.
| 7 | | (h) In the case of a member who is a covered employee, the | 8 | | retirement
annuity for membership service as a security | 9 | | employee of the Department of
Corrections or security employee | 10 | | of the Department of Human Services shall
be: if retirement | 11 | | occurs on or after January 1, 2001, 2.5% of final average
| 12 | | compensation for each year of creditable service; if retirement | 13 | | occurs before
January 1, 2001, 1.67% of final average | 14 | | compensation for each of the first
10 years of service, 1.90% | 15 | | for each of the next 10 years of
service, 2.10% for each year | 16 | | of service in excess of 20 but not
exceeding 30, and 2.30% for | 17 | | each year in excess of 30.
| 18 | | (i) For the purposes of this Section and Section 14-133 of | 19 | | this Act,
the term "security employee of the Department of | 20 | | Corrections" and the term
"security employee of the Department | 21 | | of Human Services" shall have the
meanings ascribed to them in | 22 | | subsection (c) of Section 14-110.
| 23 | | (j) The retirement annuity computed pursuant to paragraphs | 24 | | (g) or (h)
shall be applicable only to those security employees | 25 | | of the Department of
Corrections and security employees of the | 26 | | Department of Human Services who
have at least 20 years of |
| | | 09800HB1165ham001 | - 11 - | LRB098 08854 EFG 41389 a |
|
| 1 | | membership service and who are not eligible for
the alternative | 2 | | retirement annuity provided under Section 14-110. However,
| 3 | | persons transferring to this System under Section 14-108.2 or | 4 | | 14-108.2c
who have service credit under Article 16 of this Code | 5 | | may count such service
toward establishing their eligibility | 6 | | under the 20-year service requirement of
this subsection; but | 7 | | such service may be used only for establishing such
| 8 | | eligibility, and not for the purpose of increasing or | 9 | | calculating any benefit.
| 10 | | (k) (Blank).
| 11 | | (l) The changes to this Section made by this amendatory Act | 12 | | of 1997
(changing certain retirement annuity formulas from a | 13 | | stepped rate to a flat
rate) apply to members who retire on or | 14 | | after January 1, 1998, without regard
to whether employment | 15 | | terminated before the effective date of this amendatory
Act of | 16 | | 1997. An annuity shall not be calculated in steps by using the | 17 | | new flat
rate for some steps and the superseded stepped rate | 18 | | for other steps of the same
type of service.
| 19 | | (Source: P.A. 91-927, eff. 12-14-00; 92-14, eff. 6-28-01.)
| 20 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| 21 | | Sec. 14-110. Alternative retirement annuity.
| 22 | | (a) Except as provided in subsection (a-5) of this Section: | 23 | | Any member who has withdrawn from service with not less | 24 | | than 20
years of eligible creditable service and has attained | 25 | | age 55, and any
member who has withdrawn from service with not |
| | | 09800HB1165ham001 | - 12 - | LRB098 08854 EFG 41389 a |
|
| 1 | | less than 25 years of
eligible creditable service and has | 2 | | attained age 50, regardless of whether
the attainment of either | 3 | | of the specified ages occurs while the member is
still in | 4 | | service, shall be entitled to receive at the option of the | 5 | | member,
in lieu of the regular or minimum retirement annuity, a | 6 | | retirement annuity
computed as follows:
| 7 | | (i) for periods of service as a noncovered employee:
if | 8 | | retirement occurs on or after January 1, 2001, 3% of final
| 9 | | average compensation for each year of creditable service; | 10 | | if retirement occurs
before January 1, 2001, 2 1/4% of | 11 | | final average compensation for each of the
first 10 years | 12 | | of creditable service, 2 1/2% for each year above 10 years | 13 | | to
and including 20 years of creditable service, and 2 3/4% | 14 | | for each year of
creditable service above 20 years; and
| 15 | | (ii) for periods of eligible creditable service as a | 16 | | covered employee:
if retirement occurs on or after January | 17 | | 1, 2001, 2.5% of final average
compensation for each year | 18 | | of creditable service; if retirement occurs before
January | 19 | | 1, 2001, 1.67% of final average compensation for each of | 20 | | the first
10 years of such service, 1.90% for each of the | 21 | | next 10 years of such service,
2.10% for each year of such | 22 | | service in excess of 20 but not exceeding 30, and
2.30% for | 23 | | each year in excess of 30.
| 24 | | Such annuity shall be subject to a maximum of 75% of final | 25 | | average
compensation if retirement occurs before January 1, | 26 | | 2001 or to a maximum
of 80% of final average compensation if |
| | | 09800HB1165ham001 | - 13 - | LRB098 08854 EFG 41389 a |
|
| 1 | | retirement occurs on or after January
1, 2001.
| 2 | | These rates shall not be applicable to any service | 3 | | performed
by a member as a covered employee which is not | 4 | | eligible creditable service.
Service as a covered employee | 5 | | which is not eligible creditable service
shall be subject to | 6 | | the rates and provisions of Section 14-108.
| 7 | | (a-5) Notwithstanding any other provision of this Section, | 8 | | beginning on the effective date of this amendatory Act of the | 9 | | 98th General Assembly, no person shall be granted a retirement | 10 | | annuity under this Section without having attained age 67 with | 11 | | at least 20 years of eligible creditable service; except that a | 12 | | member who has attained age 62 and has at least 20 years of | 13 | | eligible creditable service and is otherwise eligible may elect | 14 | | to receive a retirement annuity under this Section reduced by | 15 | | one-half
of 1% for each full month that the member's age is | 16 | | under age 67. | 17 | | This limitation does not apply to (i) a person not in | 18 | | service on or after that effective date, (ii) a person who was | 19 | | granted or began receiving a retirement annuity under this | 20 | | Article before that effective date, or (iii) an annuity granted | 21 | | because of disability. This subsection does not grant or | 22 | | accelerate eligibility for a retirement annuity for any person | 23 | | otherwise subject to a more restrictive limit or condition. | 24 | | (b) For the purpose of this Section, "eligible creditable | 25 | | service" means
creditable service resulting from service in one | 26 | | or more of the following
positions:
|
| | | 09800HB1165ham001 | - 14 - | LRB098 08854 EFG 41389 a |
|
| 1 | | (1) State policeman;
| 2 | | (2) fire fighter in the fire protection service of a | 3 | | department;
| 4 | | (3) air pilot;
| 5 | | (4) special agent;
| 6 | | (5) investigator for the Secretary of State;
| 7 | | (6) conservation police officer;
| 8 | | (7) investigator for the Department of Revenue or the | 9 | | Illinois Gaming Board;
| 10 | | (8) security employee of the Department of Human | 11 | | Services;
| 12 | | (9) Central Management Services security police | 13 | | officer;
| 14 | | (10) security employee of the Department of | 15 | | Corrections or the Department of Juvenile Justice;
| 16 | | (11) dangerous drugs investigator;
| 17 | | (12) investigator for the Department of State Police;
| 18 | | (13) investigator for the Office of the Attorney | 19 | | General;
| 20 | | (14) controlled substance inspector;
| 21 | | (15) investigator for the Office of the State's | 22 | | Attorneys Appellate
Prosecutor;
| 23 | | (16) Commerce Commission police officer;
| 24 | | (17) arson investigator;
| 25 | | (18) State highway maintenance worker.
| 26 | | A person employed in one of the positions specified in this |
| | | 09800HB1165ham001 | - 15 - | LRB098 08854 EFG 41389 a |
|
| 1 | | subsection is
entitled to eligible creditable service for | 2 | | service credit earned under this
Article while undergoing the | 3 | | basic police training course approved by the
Illinois Law | 4 | | Enforcement Training
Standards Board, if
completion of that | 5 | | training is required of persons serving in that position.
For | 6 | | the purposes of this Code, service during the required basic | 7 | | police
training course shall be deemed performance of the | 8 | | duties of the specified
position, even though the person is not | 9 | | a sworn peace officer at the time of
the training.
| 10 | | (c) For the purposes of this Section:
| 11 | | (1) The term "state policeman" includes any title or | 12 | | position
in the Department of State Police that is held by | 13 | | an individual employed
under the State Police Act.
| 14 | | (2) The term "fire fighter in the fire protection | 15 | | service of a
department" includes all officers in such fire | 16 | | protection service
including fire chiefs and assistant | 17 | | fire chiefs.
| 18 | | (3) The term "air pilot" includes any employee whose | 19 | | official job
description on file in the Department of | 20 | | Central Management Services, or
in the department by which | 21 | | he is employed if that department is not covered
by the | 22 | | Personnel Code, states that his principal duty is the | 23 | | operation of
aircraft, and who possesses a pilot's license; | 24 | | however, the change in this
definition made by this | 25 | | amendatory Act of 1983 shall not operate to exclude
any | 26 | | noncovered employee who was an "air pilot" for the purposes |
| | | 09800HB1165ham001 | - 16 - | LRB098 08854 EFG 41389 a |
|
| 1 | | of this
Section on January 1, 1984.
| 2 | | (4) The term "special agent" means any person who by | 3 | | reason of
employment by the Division of Narcotic Control, | 4 | | the Bureau of Investigation
or, after July 1, 1977, the | 5 | | Division of Criminal Investigation, the
Division of | 6 | | Internal Investigation, the Division of Operations, or any
| 7 | | other Division or organizational
entity in the Department | 8 | | of State Police is vested by law with duties to
maintain | 9 | | public order, investigate violations of the criminal law of | 10 | | this
State, enforce the laws of this State, make arrests | 11 | | and recover property.
The term "special agent" includes any | 12 | | title or position in the Department
of State Police that is | 13 | | held by an individual employed under the State
Police Act.
| 14 | | (5) The term "investigator for the Secretary of State" | 15 | | means any person
employed by the Office of the Secretary of | 16 | | State and vested with such
investigative duties as render | 17 | | him ineligible for coverage under the Social
Security Act | 18 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 19 | | 218(l)(1)
of that Act.
| 20 | | A person who became employed as an investigator for the | 21 | | Secretary of
State between January 1, 1967 and December 31, | 22 | | 1975, and who has served as
such until attainment of age | 23 | | 60, either continuously or with a single break
in service | 24 | | of not more than 3 years duration, which break terminated | 25 | | before
January 1, 1976, shall be entitled to have his | 26 | | retirement annuity
calculated in accordance with |
| | | 09800HB1165ham001 | - 17 - | LRB098 08854 EFG 41389 a |
|
| 1 | | subsection (a), notwithstanding
that he has less than 20 | 2 | | years of credit for such service.
| 3 | | (6) The term "Conservation Police Officer" means any | 4 | | person employed
by the Division of Law Enforcement of the | 5 | | Department of Natural Resources and
vested with such law | 6 | | enforcement duties as render him ineligible for coverage
| 7 | | under the Social Security Act by reason of Sections | 8 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 9 | | term "Conservation Police Officer" includes
the positions | 10 | | of Chief Conservation Police Administrator and Assistant
| 11 | | Conservation Police Administrator.
| 12 | | (7) The term "investigator for the Department of | 13 | | Revenue" means any
person employed by the Department of | 14 | | Revenue and vested with such
investigative duties as render | 15 | | him ineligible for coverage under the Social
Security Act | 16 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 17 | | 218(l)(1)
of that Act.
| 18 | | The term "investigator for the Illinois Gaming Board" | 19 | | means any
person employed as such by the Illinois Gaming | 20 | | Board and vested with such
peace officer duties as render | 21 | | the person ineligible for coverage under the Social
| 22 | | Security Act by reason of Sections 218(d)(5)(A), | 23 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
| 24 | | (8) The term "security employee of the Department of | 25 | | Human Services"
means any person employed by the Department | 26 | | of Human Services who (i) is
employed at the Chester Mental |
| | | 09800HB1165ham001 | - 18 - | LRB098 08854 EFG 41389 a |
|
| 1 | | Health Center and has daily contact with the
residents | 2 | | thereof, (ii) is employed within a security unit at a | 3 | | facility
operated by the Department and has daily contact | 4 | | with the residents of the
security unit, (iii) is employed | 5 | | at a facility operated by the Department
that includes a | 6 | | security unit and is regularly scheduled to work at least
| 7 | | 50% of his or her working hours within that security unit, | 8 | | or (iv) is a mental health police officer.
"Mental health | 9 | | police officer" means any person employed by the Department | 10 | | of
Human Services in a position pertaining to the | 11 | | Department's mental health and
developmental disabilities | 12 | | functions who is vested with such law enforcement
duties as | 13 | | render the person ineligible for coverage under the Social | 14 | | Security
Act by reason of Sections 218(d)(5)(A), | 15 | | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | 16 | | means that portion of a facility that is devoted to
the | 17 | | care, containment, and treatment of persons committed to | 18 | | the Department of
Human Services as sexually violent | 19 | | persons, persons unfit to stand trial, or
persons not | 20 | | guilty by reason of insanity. With respect to past | 21 | | employment,
references to the Department of Human Services | 22 | | include its predecessor, the
Department of Mental Health | 23 | | and Developmental Disabilities.
| 24 | | The changes made to this subdivision (c)(8) by Public | 25 | | Act 92-14 apply to persons who retire on or after January | 26 | | 1,
2001, notwithstanding Section 1-103.1.
|
| | | 09800HB1165ham001 | - 19 - | LRB098 08854 EFG 41389 a |
|
| 1 | | (9) "Central Management Services security police | 2 | | officer" means any
person employed by the Department of | 3 | | Central Management Services who is
vested with such law | 4 | | enforcement duties as render him ineligible for
coverage | 5 | | under the Social Security Act by reason of Sections | 6 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 7 | | (10) For a member who first became an employee under | 8 | | this Article before July 1, 2005, the term "security | 9 | | employee of the Department of Corrections or the Department | 10 | | of Juvenile Justice"
means any employee of the Department | 11 | | of Corrections or the Department of Juvenile Justice or the | 12 | | former
Department of Personnel, and any member or employee | 13 | | of the Prisoner
Review Board, who has daily contact with | 14 | | inmates or youth by working within a
correctional facility | 15 | | or Juvenile facility operated by the Department of Juvenile | 16 | | Justice or who is a parole officer or an employee who has
| 17 | | direct contact with committed persons in the performance of | 18 | | his or her
job duties. For a member who first becomes an | 19 | | employee under this Article on or after July 1, 2005, the | 20 | | term means an employee of the Department of Corrections or | 21 | | the Department of Juvenile Justice who is any of the | 22 | | following: (i) officially headquartered at a correctional | 23 | | facility or Juvenile facility operated by the Department of | 24 | | Juvenile Justice, (ii) a parole officer, (iii) a member of | 25 | | the apprehension unit, (iv) a member of the intelligence | 26 | | unit, (v) a member of the sort team, or (vi) an |
| | | 09800HB1165ham001 | - 20 - | LRB098 08854 EFG 41389 a |
|
| 1 | | investigator.
| 2 | | (11) The term "dangerous drugs investigator" means any | 3 | | person who is
employed as such by the Department of Human | 4 | | Services.
| 5 | | (12) The term "investigator for the Department of State | 6 | | Police" means
a person employed by the Department of State | 7 | | Police who is vested under
Section 4 of the Narcotic | 8 | | Control Division Abolition Act with such
law enforcement | 9 | | powers as render him ineligible for coverage under the
| 10 | | Social Security Act by reason of Sections 218(d)(5)(A), | 11 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 12 | | (13) "Investigator for the Office of the Attorney | 13 | | General" means any
person who is employed as such by the | 14 | | Office of the Attorney General and
is vested with such | 15 | | investigative duties as render him ineligible for
coverage | 16 | | under the Social Security Act by reason of Sections | 17 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 18 | | the period before January 1,
1989, the term includes all | 19 | | persons who were employed as investigators by the
Office of | 20 | | the Attorney General, without regard to social security | 21 | | status.
| 22 | | (14) "Controlled substance inspector" means any person | 23 | | who is employed
as such by the Department of Professional | 24 | | Regulation and is vested with such
law enforcement duties | 25 | | as render him ineligible for coverage under the Social
| 26 | | Security Act by reason of Sections 218(d)(5)(A), |
| | | 09800HB1165ham001 | - 21 - | LRB098 08854 EFG 41389 a |
|
| 1 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 2 | | "controlled substance inspector" includes the Program
| 3 | | Executive of Enforcement and the Assistant Program | 4 | | Executive of Enforcement.
| 5 | | (15) The term "investigator for the Office of the | 6 | | State's Attorneys
Appellate Prosecutor" means a person | 7 | | employed in that capacity on a full
time basis under the | 8 | | authority of Section 7.06 of the State's Attorneys
| 9 | | Appellate Prosecutor's Act.
| 10 | | (16) "Commerce Commission police officer" means any | 11 | | person employed
by the Illinois Commerce Commission who is | 12 | | vested with such law
enforcement duties as render him | 13 | | ineligible for coverage under the Social
Security Act by | 14 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 15 | | 218(l)(1) of that Act.
| 16 | | (17) "Arson investigator" means any person who is | 17 | | employed as such by
the Office of the State Fire Marshal | 18 | | and is vested with such law enforcement
duties as render | 19 | | the person ineligible for coverage under the Social | 20 | | Security
Act by reason of Sections 218(d)(5)(A), | 21 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 22 | | employed as an arson
investigator on January 1, 1995 and is | 23 | | no longer in service but not yet
receiving a retirement | 24 | | annuity may convert his or her creditable service for
| 25 | | employment as an arson investigator into eligible | 26 | | creditable service by paying
to the System the difference |
| | | 09800HB1165ham001 | - 22 - | LRB098 08854 EFG 41389 a |
|
| 1 | | between the employee contributions actually paid
for that | 2 | | service and the amounts that would have been contributed if | 3 | | the
applicant were contributing at the rate applicable to | 4 | | persons with the same
social security status earning | 5 | | eligible creditable service on the date of
application.
| 6 | | (18) The term "State highway maintenance worker" means | 7 | | a person who is
either of the following:
| 8 | | (i) A person employed on a full-time basis by the | 9 | | Illinois
Department of Transportation in the position | 10 | | of
highway maintainer,
highway maintenance lead | 11 | | worker,
highway maintenance lead/lead worker,
heavy | 12 | | construction equipment operator,
power shovel | 13 | | operator, or
bridge mechanic; and
whose principal | 14 | | responsibility is to perform, on the roadway, the | 15 | | actual
maintenance necessary to keep the highways that | 16 | | form a part of the State
highway system in serviceable | 17 | | condition for vehicular traffic.
| 18 | | (ii) A person employed on a full-time basis by the | 19 | | Illinois
State Toll Highway Authority in the position | 20 | | of
equipment operator/laborer H-4,
equipment | 21 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 22 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 23 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 24 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 25 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 26 | | painter H-4, or
painter H-6; and
whose principal |
| | | 09800HB1165ham001 | - 23 - | LRB098 08854 EFG 41389 a |
|
| 1 | | responsibility is to perform, on the roadway, the | 2 | | actual
maintenance necessary to keep the Authority's | 3 | | tollways in serviceable condition
for vehicular | 4 | | traffic.
| 5 | | (d) Beginning on the effective date of this amendatory Act | 6 | | of the 98th General Assembly, this subsection (d) is subject to | 7 | | the requirements imposed by subsection (a-5) of this Section. | 8 | | A security employee of the Department of Corrections or the | 9 | | Department of Juvenile Justice, and a security
employee of the | 10 | | Department of Human Services who is not a mental health police
| 11 | | officer, shall not be eligible for the alternative retirement | 12 | | annuity provided
by this Section unless he or she meets the | 13 | | following minimum age and service
requirements at the time of | 14 | | retirement:
| 15 | | (i) 25 years of eligible creditable service and age 55; | 16 | | or
| 17 | | (ii) beginning January 1, 1987, 25 years of eligible | 18 | | creditable service
and age 54, or 24 years of eligible | 19 | | creditable service and age 55; or
| 20 | | (iii) beginning January 1, 1988, 25 years of eligible | 21 | | creditable service
and age 53, or 23 years of eligible | 22 | | creditable service and age 55; or
| 23 | | (iv) beginning January 1, 1989, 25 years of eligible | 24 | | creditable service
and age 52, or 22 years of eligible | 25 | | creditable service and age 55; or
| 26 | | (v) beginning January 1, 1990, 25 years of eligible |
| | | 09800HB1165ham001 | - 24 - | LRB098 08854 EFG 41389 a |
|
| 1 | | creditable service
and age 51, or 21 years of eligible | 2 | | creditable service and age 55; or
| 3 | | (vi) beginning January 1, 1991, 25 years of eligible | 4 | | creditable service
and age 50, or 20 years of eligible | 5 | | creditable service and age 55.
| 6 | | Persons who have service credit under Article 16 of this | 7 | | Code for service
as a security employee of the Department of | 8 | | Corrections or the Department of Juvenile Justice, or the | 9 | | Department
of Human Services in a position requiring | 10 | | certification as a teacher may
count such service toward | 11 | | establishing their eligibility under the service
requirements | 12 | | of this Section; but such service may be used only for
| 13 | | establishing such eligibility, and not for the purpose of | 14 | | increasing or
calculating any benefit.
| 15 | | (e) If a member enters military service while working in a | 16 | | position in
which eligible creditable service may be earned, | 17 | | and returns to State
service in the same or another such | 18 | | position, and fulfills in all other
respects the conditions | 19 | | prescribed in this Article for credit for military
service, | 20 | | such military service shall be credited as eligible creditable
| 21 | | service for the purposes of the retirement annuity prescribed | 22 | | in this Section.
| 23 | | (f) For purposes of calculating retirement annuities under | 24 | | this
Section, periods of service rendered after December 31, | 25 | | 1968 and before
October 1, 1975 as a covered employee in the | 26 | | position of special agent,
conservation police officer, mental |
| | | 09800HB1165ham001 | - 25 - | LRB098 08854 EFG 41389 a |
|
| 1 | | health police officer, or investigator
for the Secretary of | 2 | | State, shall be deemed to have been service as a
noncovered | 3 | | employee, provided that the employee pays to the System prior | 4 | | to
retirement an amount equal to (1) the difference between the | 5 | | employee
contributions that would have been required for such | 6 | | service as a
noncovered employee, and the amount of employee | 7 | | contributions actually
paid, plus (2) if payment is made after | 8 | | July 31, 1987, regular interest
on the amount specified in item | 9 | | (1) from the date of service to the date
of payment.
| 10 | | For purposes of calculating retirement annuities under | 11 | | this Section,
periods of service rendered after December 31, | 12 | | 1968 and before January 1,
1982 as a covered employee in the | 13 | | position of investigator for the
Department of Revenue shall be | 14 | | deemed to have been service as a noncovered
employee, provided | 15 | | that the employee pays to the System prior to retirement
an | 16 | | amount equal to (1) the difference between the employee | 17 | | contributions
that would have been required for such service as | 18 | | a noncovered employee,
and the amount of employee contributions | 19 | | actually paid, plus (2) if payment
is made after January 1, | 20 | | 1990, regular interest on the amount specified in
item (1) from | 21 | | the date of service to the date of payment.
| 22 | | (g) A State policeman may elect, not later than January 1, | 23 | | 1990, to
establish eligible creditable service for up to 10 | 24 | | years of his service as
a policeman under Article 3, by filing | 25 | | a written election with the Board,
accompanied by payment of an | 26 | | amount to be determined by the Board, equal to
(i) the |
| | | 09800HB1165ham001 | - 26 - | LRB098 08854 EFG 41389 a |
|
| 1 | | difference between the amount of employee and employer
| 2 | | contributions transferred to the System under Section 3-110.5, | 3 | | and the
amounts that would have been contributed had such | 4 | | contributions been made
at the rates applicable to State | 5 | | policemen, plus (ii) interest thereon at
the effective rate for | 6 | | each year, compounded annually, from the date of
service to the | 7 | | date of payment.
| 8 | | Subject to the limitation in subsection (i), a State | 9 | | policeman may elect,
not later than July 1, 1993, to establish | 10 | | eligible creditable service for
up to 10 years of his service | 11 | | as a member of the County Police Department
under Article 9, by | 12 | | filing a written election with the Board, accompanied
by | 13 | | payment of an amount to be determined by the Board, equal to | 14 | | (i) the
difference between the amount of employee and employer | 15 | | contributions
transferred to the System under Section 9-121.10 | 16 | | and the amounts that would
have been contributed had those | 17 | | contributions been made at the rates
applicable to State | 18 | | policemen, plus (ii) interest thereon at the effective
rate for | 19 | | each year, compounded annually, from the date of service to the
| 20 | | date of payment.
| 21 | | (h) Subject to the limitation in subsection (i), a State | 22 | | policeman or
investigator for the Secretary of State may elect | 23 | | to establish eligible
creditable service for up to 12 years of | 24 | | his service as a policeman under
Article 5, by filing a written | 25 | | election with the Board on or before January
31, 1992, and | 26 | | paying to the System by January 31, 1994 an amount to be
|
| | | 09800HB1165ham001 | - 27 - | LRB098 08854 EFG 41389 a |
|
| 1 | | determined by the Board, equal to (i) the difference between | 2 | | the amount of
employee and employer contributions transferred | 3 | | to the System under Section
5-236, and the amounts that would | 4 | | have been contributed had such
contributions been made at the | 5 | | rates applicable to State policemen, plus
(ii) interest thereon | 6 | | at the effective rate for each year, compounded
annually, from | 7 | | the date of service to the date of payment.
| 8 | | Subject to the limitation in subsection (i), a State | 9 | | policeman,
conservation police officer, or investigator for | 10 | | the Secretary of State may
elect to establish eligible | 11 | | creditable service for up to 10 years of
service as a sheriff's | 12 | | law enforcement employee under Article 7, by filing
a written | 13 | | election with the Board on or before January 31, 1993, and | 14 | | paying
to the System by January 31, 1994 an amount to be | 15 | | determined by the Board,
equal to (i) the difference between | 16 | | the amount of employee and
employer contributions transferred | 17 | | to the System under Section
7-139.7, and the amounts that would | 18 | | have been contributed had such
contributions been made at the | 19 | | rates applicable to State policemen, plus
(ii) interest thereon | 20 | | at the effective rate for each year, compounded
annually, from | 21 | | the date of service to the date of payment.
| 22 | | Subject to the limitation in subsection (i), a State | 23 | | policeman,
conservation police officer, or investigator for | 24 | | the Secretary of State may
elect to establish eligible | 25 | | creditable service for up to 5 years of
service as a police | 26 | | officer under Article 3, a policeman under Article 5, a |
| | | 09800HB1165ham001 | - 28 - | LRB098 08854 EFG 41389 a |
|
| 1 | | sheriff's law enforcement employee under Article 7, a member of | 2 | | the county police department under Article 9, or a police | 3 | | officer under Article 15 by filing
a written election with the | 4 | | Board and paying
to the System an amount to be determined by | 5 | | the Board,
equal to (i) the difference between the amount of | 6 | | employee and
employer contributions transferred to the System | 7 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 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 for | 11 | | each year, compounded
annually, from the date of service to the | 12 | | date of payment. | 13 | | Subject to the limitation in subsection (i), an | 14 | | investigator for the Office of the Attorney General, or an | 15 | | investigator for the Department of Revenue, may elect to | 16 | | establish eligible creditable service for up to 5 years of | 17 | | service as a police officer under Article 3, a policeman under | 18 | | Article 5, a sheriff's law enforcement employee under Article | 19 | | 7, or a member of the county police department under Article 9 | 20 | | by filing a written election with the Board within 6 months | 21 | | after August 25, 2009 (the effective date of Public Act 96-745) | 22 | | and paying to the System an amount to be determined by the | 23 | | Board, equal to (i) the difference between the amount of | 24 | | employee and employer contributions transferred to the System | 25 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 26 | | amounts that would have been contributed had such contributions |
| | | 09800HB1165ham001 | - 29 - | LRB098 08854 EFG 41389 a |
|
| 1 | | been made at the rates applicable to State policemen, plus (ii) | 2 | | interest thereon at the actuarially assumed rate for each year, | 3 | | compounded annually, from the date of service to the date of | 4 | | payment. | 5 | | Subject to the limitation in subsection (i), a State | 6 | | policeman, conservation police officer, investigator for the | 7 | | Office of the Attorney General, an investigator for the | 8 | | Department of Revenue, or investigator for the Secretary of | 9 | | State may elect to establish eligible creditable service for up | 10 | | to 5 years of service as a person employed by a participating | 11 | | municipality to perform police duties, or law enforcement | 12 | | officer employed on a full-time basis by a forest preserve | 13 | | district under Article 7, a county corrections officer, or a | 14 | | court services officer under Article 9, by filing a written | 15 | | election with the Board within 6 months after August 25, 2009 | 16 | | (the effective date of Public Act 96-745) and paying to the | 17 | | System an amount to be determined by the Board, equal to (i) | 18 | | the difference between the amount of employee and employer | 19 | | contributions transferred to the System under Sections 7-139.8 | 20 | | and 9-121.10 and the amounts that would have been contributed | 21 | | had such contributions been made at the rates applicable to | 22 | | State policemen, plus (ii) interest thereon at the actuarially | 23 | | assumed rate for each year, compounded annually, from the date | 24 | | of service to the date of payment. | 25 | | (i) The total amount of eligible creditable service | 26 | | established by any
person under subsections (g), (h), (j), (k), |
| | | 09800HB1165ham001 | - 30 - | LRB098 08854 EFG 41389 a |
|
| 1 | | and (l) of this
Section shall not exceed 12 years.
| 2 | | (j) Subject to the limitation in subsection (i), an | 3 | | investigator for
the Office of the State's Attorneys Appellate | 4 | | Prosecutor or a controlled
substance inspector may elect to
| 5 | | establish eligible creditable service for up to 10 years of his | 6 | | service as
a policeman under Article 3 or a sheriff's law | 7 | | enforcement employee under
Article 7, by filing a written | 8 | | election with the Board, accompanied by
payment of an amount to | 9 | | be determined by the Board, equal to (1) the
difference between | 10 | | the amount of employee and employer contributions
transferred | 11 | | to the System under Section 3-110.6 or 7-139.8, and the amounts
| 12 | | that would have been contributed had such contributions been | 13 | | made at the
rates applicable to State policemen, plus (2) | 14 | | interest thereon at the
effective rate for each year, | 15 | | compounded annually, from the date of service
to the date of | 16 | | payment.
| 17 | | (k) Subject to the limitation in subsection (i) of this | 18 | | Section, an
alternative formula employee may elect to establish | 19 | | eligible creditable
service for periods spent as a full-time | 20 | | law enforcement officer or full-time
corrections officer | 21 | | employed by the federal government or by a state or local
| 22 | | government located outside of Illinois, for which credit is not | 23 | | held in any
other public employee pension fund or retirement | 24 | | system. To obtain this
credit, the applicant must file a | 25 | | written application with the Board by March
31, 1998, | 26 | | accompanied by evidence of eligibility acceptable to the Board |
| | | 09800HB1165ham001 | - 31 - | LRB098 08854 EFG 41389 a |
|
| 1 | | and
payment of an amount to be determined by the Board, equal | 2 | | to (1) employee
contributions for the credit being established, | 3 | | based upon the applicant's
salary on the first day as an | 4 | | alternative formula employee after the employment
for which | 5 | | credit is being established and the rates then applicable to
| 6 | | alternative formula employees, plus (2) an amount determined by | 7 | | the Board
to be the employer's normal cost of the benefits | 8 | | accrued for the credit being
established, plus (3) regular | 9 | | interest on the amounts in items (1) and (2) from
the first day | 10 | | as an alternative formula employee after the employment for | 11 | | which
credit is being established to the date of payment.
| 12 | | (l) Subject to the limitation in subsection (i), a security | 13 | | employee of
the Department of Corrections may elect, not later | 14 | | than July 1, 1998, to
establish eligible creditable service for | 15 | | up to 10 years of his or her service
as a policeman under | 16 | | Article 3, by filing a written election with the Board,
| 17 | | accompanied by payment of an amount to be determined by the | 18 | | Board, equal to
(i) the difference between the amount of | 19 | | employee and employer contributions
transferred to the System | 20 | | under Section 3-110.5, and the amounts that would
have been | 21 | | contributed had such contributions been made at the rates | 22 | | applicable
to security employees of the Department of | 23 | | Corrections, plus (ii) interest
thereon at the effective rate | 24 | | for each year, compounded annually, from the date
of service to | 25 | | the date of payment.
| 26 | | (m) The amendatory changes to this Section made by this |
| | | 09800HB1165ham001 | - 32 - | LRB098 08854 EFG 41389 a |
|
| 1 | | amendatory Act of the 94th General Assembly apply only to: (1) | 2 | | security employees of the Department of Juvenile Justice | 3 | | employed by the Department of Corrections before the effective | 4 | | date of this amendatory Act of the 94th General Assembly and | 5 | | transferred to the Department of Juvenile Justice by this | 6 | | amendatory Act of the 94th General Assembly; and (2) persons | 7 | | employed by the Department of Juvenile Justice on or after the | 8 | | effective date of this amendatory Act of the 94th General | 9 | | Assembly who are required by subsection (b) of Section 3-2.5-15 | 10 | | of the Unified Code of Corrections to have a bachelor's or | 11 | | advanced degree from an accredited college or university with a | 12 | | specialization in criminal justice, education, psychology, | 13 | | social work, or a closely related social science or, in the | 14 | | case of persons who provide vocational training, who are | 15 | | required to have adequate knowledge in the skill for which they | 16 | | are providing the vocational training.
| 17 | | (n) A person employed in a position under subsection (b) of | 18 | | this Section who has purchased service credit under subsection | 19 | | (j) of Section 14-104 or subsection (b) of Section 14-105 in | 20 | | any other capacity under this Article may convert up to 5 years | 21 | | of that service credit into service credit covered under this | 22 | | Section by paying to the Fund an amount equal to (1) the | 23 | | additional employee contribution required under Section | 24 | | 14-133, plus (2) the additional employer contribution required | 25 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 26 | | the actuarially assumed rate from the date of the service to |
| | | 09800HB1165ham001 | - 33 - | LRB098 08854 EFG 41389 a |
|
| 1 | | the date of payment. | 2 | | (Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09; | 3 | | 96-37, eff. 7-13-09; 96-745, eff. 8-25-09; 96-1000, eff. | 4 | | 7-2-10.)
| 5 | | (40 ILCS 5/15-135) (from Ch. 108 1/2, par. 15-135)
| 6 | | Sec. 15-135. Retirement annuities - Conditions.
| 7 | | (a) Except as provided in subsection (a-5): | 8 | | A participant who retires in one of the following specified | 9 | | years with
the specified amount of service is entitled to a | 10 | | retirement annuity at any age
under the retirement program | 11 | | applicable to the participant:
| 12 | | 35 years if retirement is in 1997 or before;
| 13 | | 34 years if retirement is in 1998;
| 14 | | 33 years if retirement is in 1999;
| 15 | | 32 years if retirement is in 2000;
| 16 | | 31 years if retirement is in 2001;
| 17 | | 30 years if retirement is in 2002 or later.
| 18 | | A participant with 8 or more years of service after | 19 | | September 1, 1941, is
entitled to a retirement annuity on or | 20 | | after attainment of age 55.
| 21 | | A participant with at least 5 but less than 8 years
of | 22 | | service after September 1, 1941, is entitled to a retirement | 23 | | annuity on
or after attainment of age 62.
| 24 | | A participant who has at least 25 years of service in this | 25 | | system as a
police officer or firefighter is entitled to a |
| | | 09800HB1165ham001 | - 34 - | LRB098 08854 EFG 41389 a |
|
| 1 | | retirement
annuity on or after the attainment of age 50, if | 2 | | Rule 4 of Section
15-136 is applicable to the participant.
| 3 | | (a-5) Notwithstanding any other provision of this Article, | 4 | | beginning on the effective date of this amendatory Act of the | 5 | | 98th General Assembly, no person shall be granted a retirement | 6 | | annuity under this Article without having attained age 67; | 7 | | except that a participant who has attained age 62 and has at | 8 | | least 10 years of service credit and is otherwise eligible may | 9 | | elect to receive a retirement annuity reduced by one-half
of 1% | 10 | | for each full month that the participant's age is under age 67. | 11 | | This limitation does not apply to (i) a person not in | 12 | | service on or after that effective date, (ii) a person who was | 13 | | granted or began receiving a retirement annuity under this | 14 | | Article before that effective date, or (iii) an annuity granted | 15 | | because of disability. This subsection does not grant or | 16 | | accelerate eligibility for a retirement annuity for any person | 17 | | otherwise subject to a more restrictive limit or condition. | 18 | | (b) The annuity payment period shall begin on the date | 19 | | specified by the
participant or the recipient of a disability | 20 | | retirement annuity submitting a written application, which | 21 | | date shall not be prior
to termination of employment or more | 22 | | than one year before the application is
received by the board; | 23 | | however, if the participant is not an employee of an
employer | 24 | | participating in this System or in a participating system as | 25 | | defined
in Article 20 of this Code on April 1 of the calendar | 26 | | year next following
the calendar year in which the participant |
| | | 09800HB1165ham001 | - 35 - | LRB098 08854 EFG 41389 a |
|
| 1 | | attains age 70 1/2, the annuity
payment period shall begin on | 2 | | that date regardless of whether an application
has been filed.
| 3 | | (c) An annuity is not payable if the amount provided under | 4 | | Section
15-136 is less than $10 per month.
| 5 | | (Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12.)
| 6 | | (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
| 7 | | Sec. 15-136. Retirement annuities - Amount. The provisions | 8 | | of this
Section 15-136 apply only to those participants who are | 9 | | participating in the
traditional benefit package or the | 10 | | portable benefit package and do not
apply to participants who | 11 | | are participating in the self-managed plan.
| 12 | | (a) The amount of a participant's retirement annuity, | 13 | | expressed in the form
of a single-life annuity, shall be | 14 | | determined by whichever of the following
rules is applicable | 15 | | and provides the largest annuity:
| 16 | | Rule 1: The retirement annuity shall be 1.67% of final rate | 17 | | of earnings for
each of the first 10 years of service, 1.90% | 18 | | for each of the next 10 years of
service, 2.10% for each year | 19 | | of service in excess of 20 but not exceeding 30,
and 2.30% for | 20 | | each year in excess of 30; or for persons who retire on or
| 21 | | after January 1, 1998, 2.2% of the final rate of earnings for | 22 | | each year of
service.
| 23 | | Rule 2: The retirement annuity shall be the sum of the | 24 | | following,
determined from amounts credited to the participant | 25 | | in accordance with the
actuarial tables and the effective rate |
| | | 09800HB1165ham001 | - 36 - | LRB098 08854 EFG 41389 a |
|
| 1 | | of interest in effect at the
time the retirement annuity | 2 | | begins:
| 3 | | (i) the normal annuity which can be provided on an | 4 | | actuarially
equivalent basis, by the accumulated normal | 5 | | contributions as of
the date the annuity begins;
| 6 | | (ii) an annuity from employer contributions of an | 7 | | amount equal to that
which can be provided on an | 8 | | actuarially equivalent basis from the accumulated
normal | 9 | | contributions made by the participant under Section | 10 | | 15-113.6 and Section
15-113.7 plus 1.4 times all other | 11 | | accumulated normal contributions made by
the participant; | 12 | | and
| 13 | | (iii) the annuity that can be provided on an | 14 | | actuarially equivalent basis
from the entire contribution | 15 | | made by the participant under Section 15-113.3.
| 16 | | With respect to a police officer or firefighter who retires | 17 | | on or after
August 14, 1998, the accumulated normal | 18 | | contributions taken into account under
clauses (i) and (ii) of | 19 | | this Rule 2 shall include the additional normal
contributions | 20 | | made by the police officer or firefighter under Section
| 21 | | 15-157(a).
| 22 | | The amount of a retirement annuity calculated under this | 23 | | Rule 2 shall
be computed solely on the basis of the | 24 | | participant's accumulated normal
contributions, as specified | 25 | | in this Rule and defined in Section 15-116.
Neither an employee | 26 | | or employer contribution for early retirement under
Section |
| | | 09800HB1165ham001 | - 37 - | LRB098 08854 EFG 41389 a |
|
| 1 | | 15-136.2 nor any other employer contribution shall be used in | 2 | | the
calculation of the amount of a retirement annuity under | 3 | | this Rule 2.
| 4 | | This amendatory Act of the 91st General Assembly is a | 5 | | clarification of
existing law and applies to every participant | 6 | | and annuitant without regard to
whether status as an employee | 7 | | terminates before the effective date of this
amendatory Act.
| 8 | | This Rule 2 does not apply to a person who first becomes an | 9 | | employee under this Article on or after July 1, 2005.
| 10 | | Rule 3: The retirement annuity of a participant who is | 11 | | employed
at least one-half time during the period on which his | 12 | | or her final rate of
earnings is based, shall be equal to the | 13 | | participant's years of service
not to exceed 30, multiplied by | 14 | | (1) $96 if the participant's final rate
of earnings is less | 15 | | than $3,500, (2) $108 if the final rate of earnings is
at least | 16 | | $3,500 but less than $4,500, (3) $120 if the final rate of | 17 | | earnings
is at least $4,500 but less than $5,500, (4) $132 if | 18 | | the final rate
of earnings is at least $5,500 but less than | 19 | | $6,500, (5)
$144 if the final rate of earnings is at least | 20 | | $6,500 but less than
$7,500, (6) $156 if the final rate of | 21 | | earnings is at least $7,500 but less
than $8,500, (7) $168 if | 22 | | the final rate of earnings is at least $8,500 but
less than | 23 | | $9,500, and (8) $180 if the final rate of earnings is $9,500 or
| 24 | | more, except that the annuity for those persons having made an | 25 | | election under
Section 15-154(a-1) shall be calculated and | 26 | | payable under the portable
retirement benefit program pursuant |
| | | 09800HB1165ham001 | - 38 - | LRB098 08854 EFG 41389 a |
|
| 1 | | to the provisions of Section 15-136.4.
| 2 | | Rule 4: A participant who is at least age 50 and has 25 or | 3 | | more years of
service as a police officer or firefighter, and a | 4 | | participant who is age 55 or
over and has at least 20 but less | 5 | | than 25 years of service as a police officer
or firefighter, | 6 | | shall be entitled to a retirement annuity of 2 1/4% of the
| 7 | | final rate of earnings for each of the first 10 years of | 8 | | service as a police
officer or firefighter, 2 1/2% for each of | 9 | | the next 10 years of service as a
police officer or | 10 | | firefighter, and 2 3/4% for each year of service as a police
| 11 | | officer or firefighter in excess of 20. The retirement annuity | 12 | | for all other
service shall be computed under Rule 1.
| 13 | | For purposes of this Rule 4, a participant's service as a | 14 | | firefighter
shall also include the following:
| 15 | | (i) service that is performed while the person is an | 16 | | employee under
subsection (h) of Section 15-107; and
| 17 | | (ii) in the case of an individual who was a | 18 | | participating employee
employed in the fire department of | 19 | | the University of Illinois's
Champaign-Urbana campus | 20 | | immediately prior to the elimination of that fire
| 21 | | department and who immediately after the elimination of | 22 | | that fire department
transferred to another job with the | 23 | | University of Illinois, service performed
as an employee of | 24 | | the University of Illinois in a position other than police
| 25 | | officer or firefighter, from the date of that transfer | 26 | | until the employee's
next termination of service with the |
| | | 09800HB1165ham001 | - 39 - | LRB098 08854 EFG 41389 a |
|
| 1 | | University of Illinois.
| 2 | | Rule 5: The retirement annuity of a participant who elected | 3 | | early
retirement under the provisions of Section 15-136.2 and | 4 | | who, on or before
February 16, 1995, brought administrative | 5 | | proceedings pursuant to the
administrative rules adopted by the | 6 | | System to challenge the calculation of his
or her retirement | 7 | | annuity shall be the sum of the following, determined from
| 8 | | amounts credited to the participant in accordance with the | 9 | | actuarial tables and
the prescribed rate of interest in effect | 10 | | at the time the retirement annuity
begins:
| 11 | | (i) the normal annuity which can be provided on an | 12 | | actuarially equivalent
basis, by the accumulated normal | 13 | | contributions as of the date the annuity
begins; and
| 14 | | (ii) an annuity from employer contributions of an | 15 | | amount equal to that
which can be provided on an | 16 | | actuarially equivalent basis from the accumulated
normal | 17 | | contributions made by the participant under Section | 18 | | 15-113.6 and Section
15-113.7 plus 1.4 times all other | 19 | | accumulated normal contributions made by the
participant; | 20 | | and
| 21 | | (iii) an annuity which can be provided on an | 22 | | actuarially equivalent basis
from the employee | 23 | | contribution for early retirement under Section 15-136.2, | 24 | | and
an annuity from employer contributions of an amount | 25 | | equal to that which can be
provided on an actuarially | 26 | | equivalent basis from the employee contribution for
early |
| | | 09800HB1165ham001 | - 40 - | LRB098 08854 EFG 41389 a |
|
| 1 | | retirement under Section 15-136.2.
| 2 | | In no event shall a retirement annuity under this Rule 5 be | 3 | | lower than the
amount obtained by adding (1) the monthly amount | 4 | | obtained by dividing the
combined employee and employer | 5 | | contributions made under Section 15-136.2 by the
System's | 6 | | annuity factor for the age of the participant at the beginning | 7 | | of the
annuity payment period and (2) the amount equal to the | 8 | | participant's annuity if
calculated under Rule 1, reduced under | 9 | | Section 15-136(b) as if no
contributions had been made under | 10 | | Section 15-136.2.
| 11 | | With respect to a participant who is qualified for a | 12 | | retirement annuity under
this Rule 5 whose retirement annuity | 13 | | began before the effective date of this
amendatory Act of the | 14 | | 91st General Assembly, and for whom an employee
contribution | 15 | | was made under Section 15-136.2, the System shall recalculate | 16 | | the
retirement annuity under this Rule 5 and shall pay any | 17 | | additional amounts due
in the manner provided in Section | 18 | | 15-186.1 for benefits mistakenly set too low.
| 19 | | The amount of a retirement annuity calculated under this | 20 | | Rule 5 shall be
computed solely on the basis of those | 21 | | contributions specifically set forth in
this Rule 5. Except as | 22 | | provided in clause (iii) of this Rule 5, neither an
employee | 23 | | nor employer contribution for early retirement under Section | 24 | | 15-136.2,
nor any other employer contribution, shall be used in | 25 | | the calculation of the
amount of a retirement annuity under | 26 | | this Rule 5.
|
| | | 09800HB1165ham001 | - 41 - | LRB098 08854 EFG 41389 a |
|
| 1 | | The General Assembly has adopted the changes set forth in | 2 | | Section 25 of this
amendatory Act of the 91st General Assembly | 3 | | in recognition that the decision of
the Appellate Court for the | 4 | | Fourth District in Mattis v. State Universities
Retirement | 5 | | System et al. might be deemed to give some right to the | 6 | | plaintiff in
that case. The changes made by Section 25 of this | 7 | | amendatory Act of the 91st
General Assembly are a legislative | 8 | | implementation of the decision of the
Appellate Court for the | 9 | | Fourth District in Mattis v. State Universities
Retirement | 10 | | System et al. with respect to that plaintiff.
| 11 | | The changes made by Section 25 of this amendatory Act of | 12 | | the 91st General
Assembly apply without regard to whether the | 13 | | person is in service as an
employee on or after its effective | 14 | | date.
| 15 | | (b) For persons not in service on or after the effective | 16 | | date of this amendatory Act of the 98th General Assembly and | 17 | | not subject to Section 1-160: | 18 | | The retirement annuity provided under Rules 1 and 3 above | 19 | | shall be
reduced by 1/2 of 1% for each month the participant is | 20 | | under age 60 at the
time of retirement. However, this reduction | 21 | | shall not apply in the following
cases:
| 22 | | (1) For a disabled participant whose disability | 23 | | benefits have been
discontinued because he or she has | 24 | | exhausted eligibility for disability
benefits under clause | 25 | | (6) of Section 15-152;
| 26 | | (2) For a participant who has at least the number of |
| | | 09800HB1165ham001 | - 42 - | LRB098 08854 EFG 41389 a |
|
| 1 | | years of service
required to retire at any age under | 2 | | subsection (a) of Section 15-135; or
| 3 | | (3) For that portion of a retirement annuity which has | 4 | | been provided on
account of service of the participant | 5 | | during periods when he or she performed
the duties of a | 6 | | police officer or firefighter, if these duties were | 7 | | performed
for at least 5 years immediately preceding the | 8 | | date the retirement annuity
is to begin.
| 9 | | For a person
in service on or after the effective date of | 10 | | this amendatory Act of the 98th General Assembly who retires | 11 | | after attaining age 62 but before age 67 and with at least 10 | 12 | | years of creditable service, the retirement annuity shall be | 13 | | discounted as provided in subsection (c) of Section 15-135. | 14 | | (c) The maximum retirement annuity provided under Rules 1, | 15 | | 2, 4,
and 5
shall be the lesser of (1) the annual limit of | 16 | | benefits as specified in
Section 415 of the Internal Revenue | 17 | | Code of 1986, as such Section may be
amended from time to time | 18 | | and as such benefit limits shall be adjusted by
the | 19 | | Commissioner of Internal Revenue, and (2) 80% of final rate of
| 20 | | earnings.
| 21 | | (d) An annuitant whose status as an employee terminates | 22 | | after August 14,
1969 shall receive automatic increases in his | 23 | | or her retirement annuity as
follows:
| 24 | | Effective January 1 immediately following the date the | 25 | | retirement annuity
begins, the annuitant shall receive an | 26 | | increase in his or her monthly
retirement annuity of 0.125% of |
| | | 09800HB1165ham001 | - 43 - | LRB098 08854 EFG 41389 a |
|
| 1 | | the monthly retirement annuity provided under
Rule 1, Rule 2, | 2 | | Rule 3, Rule 4, or Rule 5, contained in this
Section, | 3 | | multiplied by
the number of full months which elapsed from the | 4 | | date the retirement annuity
payments began to January 1, 1972, | 5 | | plus 0.1667% of such annuity, multiplied by
the number of full | 6 | | months which elapsed from January 1, 1972, or the date the
| 7 | | retirement annuity payments began, whichever is later, to | 8 | | January 1, 1978, plus
0.25% of such annuity multiplied by the | 9 | | number of full months which elapsed
from January 1, 1978, or | 10 | | the date the retirement annuity payments began,
whichever is | 11 | | later, to the effective date of the increase.
| 12 | | The annuitant shall receive an increase in his or her | 13 | | monthly retirement
annuity on each January 1 thereafter during | 14 | | the annuitant's life of 3% of
the monthly annuity provided | 15 | | under Rule 1, Rule 2, Rule 3, Rule 4, or
Rule 5 contained
in | 16 | | this Section. The change made under this subsection by P.A. | 17 | | 81-970 is
effective January 1, 1980 and applies to each | 18 | | annuitant whose status as
an employee terminates before or | 19 | | after that date.
| 20 | | Beginning January 1, 1990, all automatic annual increases | 21 | | payable under
this Section shall be calculated as a percentage | 22 | | of the total annuity
payable at the time of the increase, | 23 | | including all increases previously
granted under this Article.
| 24 | | The change made in this subsection by P.A. 85-1008 is | 25 | | effective January
26, 1988, and is applicable without regard to | 26 | | whether status as an employee
terminated before that date.
|
| | | 09800HB1165ham001 | - 44 - | LRB098 08854 EFG 41389 a |
|
| 1 | | (e) If, on January 1, 1987, or the date the retirement | 2 | | annuity payment
period begins, whichever is later, the sum of | 3 | | the retirement annuity
provided under Rule 1 or Rule 2 of this | 4 | | Section
and the automatic annual increases provided under the | 5 | | preceding subsection
or Section 15-136.1, amounts to less than | 6 | | the retirement
annuity which would be provided by Rule 3, the | 7 | | retirement
annuity shall be increased as of January 1, 1987, or | 8 | | the date the
retirement annuity payment period begins, | 9 | | whichever is later, to the amount
which would be provided by | 10 | | Rule 3 of this Section. Such increased
amount shall be | 11 | | considered as the retirement annuity in determining
benefits | 12 | | provided under other Sections of this Article. This paragraph
| 13 | | applies without regard to whether status as an employee | 14 | | terminated before the
effective date of this amendatory Act of | 15 | | 1987, provided that the annuitant was
employed at least | 16 | | one-half time during the period on which the final rate of
| 17 | | earnings was based.
| 18 | | (f) A participant is entitled to such additional annuity as | 19 | | may be provided
on an actuarially equivalent basis, by any | 20 | | accumulated
additional contributions to his or her credit. | 21 | | However,
the additional contributions made by the participant | 22 | | toward the automatic
increases in annuity provided under this | 23 | | Section shall not be taken into
account in determining the | 24 | | amount of such additional annuity.
| 25 | | (g) If, (1) by law, a function of a governmental unit, as | 26 | | defined by Section
20-107 of this Code, is transferred in whole |
| | | 09800HB1165ham001 | - 45 - | LRB098 08854 EFG 41389 a |
|
| 1 | | or in part to an employer, and (2)
a participant transfers | 2 | | employment from such governmental unit to such employer
within | 3 | | 6 months after the transfer of the function, and (3) the sum of | 4 | | (A) the
annuity payable to the participant under Rule 1, 2, or | 5 | | 3 of this Section (B)
all proportional annuities payable to the | 6 | | participant by all other retirement
systems covered by Article | 7 | | 20, and (C) the initial primary insurance amount to
which the | 8 | | participant is entitled under the Social Security Act, is less | 9 | | than
the retirement annuity which would have been payable if | 10 | | all of the
participant's pension credits validated under | 11 | | Section 20-109 had been validated
under this system, a | 12 | | supplemental annuity equal to the difference in such
amounts | 13 | | shall be payable to the participant.
| 14 | | (h) On January 1, 1981, an annuitant who was receiving
a | 15 | | retirement annuity on or before January 1, 1971 shall have his | 16 | | or her
retirement annuity then being paid increased $1 per | 17 | | month for
each year of creditable service. On January 1, 1982, | 18 | | an annuitant whose
retirement annuity began on or before | 19 | | January 1, 1977, shall have his or her
retirement annuity then | 20 | | being paid increased $1 per month for each year of
creditable | 21 | | service.
| 22 | | (i) On January 1, 1987, any annuitant whose retirement | 23 | | annuity began on or
before January 1, 1977, shall have the | 24 | | monthly retirement annuity increased by
an amount equal to 8˘ | 25 | | per year of creditable service times the number of years
that | 26 | | have elapsed since the annuity began.
|
| | | 09800HB1165ham001 | - 46 - | LRB098 08854 EFG 41389 a |
|
| 1 | | (Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12.)
| 2 | | (40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
| 3 | | Sec. 16-132. Retirement annuity eligibility. | 4 | | (a) Except as otherwise provided in subsection (a-5): | 5 | | A member who has at least 20 years of creditable service is | 6 | | entitled to a
retirement annuity upon or after attainment of | 7 | | age 55.
A member who has at least 10 but less than 20 years of | 8 | | creditable service is
entitled to a retirement annuity upon or | 9 | | after attainment of age 60.
A member who has at least 5 but | 10 | | less than 10 years of creditable service is
entitled to a | 11 | | retirement annuity upon or after attainment of age 62.
A member | 12 | | who (i) has earned during the period immediately preceding the | 13 | | last
day of service at least one year of contributing | 14 | | creditable service as an
employee of a department as defined in | 15 | | Section 14-103.04, (ii) has earned at
least 5 years of | 16 | | contributing creditable service as an employee of a department
| 17 | | as defined in Section 14-103.04, and (iii) retires on or after | 18 | | January 1, 2001
is entitled to a retirement annuity upon or | 19 | | after attainment of an age which,
when added to the number of | 20 | | years of his or her total creditable service,
equals at least | 21 | | 85. Portions of years shall be counted as decimal equivalents.
| 22 | | A member who is eligible to receive a retirement annuity of | 23 | | at least 74.6% of
final average salary and will attain age 55 | 24 | | on or before December 31 during the
year which commences on | 25 | | July 1 shall be deemed to attain age 55 on the
preceding June |
| | | 09800HB1165ham001 | - 47 - | LRB098 08854 EFG 41389 a |
|
| 1 | | 1.
| 2 | | (a-5) Notwithstanding any other provision of this Article, | 3 | | beginning on the effective date of this amendatory Act of the | 4 | | 98th General Assembly, no person shall be granted a retirement | 5 | | annuity under this Article without having attained age 67; | 6 | | except that a member who has attained age 62 and has at least | 7 | | 10 years of service credit and is otherwise eligible may elect | 8 | | to receive a retirement annuity reduced by one-half
of 1% for | 9 | | each full month that the member's age is under age 67. | 10 | | This limitation does not apply to (i) a person not in | 11 | | service on or after that effective date, (ii) a person who was | 12 | | granted or began receiving a retirement annuity under this | 13 | | Article before that effective date, or (iii) an annuity granted | 14 | | because of disability. This subsection does not grant or | 15 | | accelerate eligibility for a retirement annuity for any person | 16 | | otherwise subject to a more restrictive limit or condition. | 17 | | (b) A member meeting the above eligibility conditions is | 18 | | entitled to a retirement
annuity upon written application to | 19 | | the board setting forth the date the member
wishes the | 20 | | retirement annuity to commence. However, the effective date of | 21 | | the
retirement annuity shall be no earlier than the day | 22 | | following the last day of
creditable service, regardless of the | 23 | | date of official termination of
employment.
| 24 | | (c) To be eligible for a retirement annuity, a member shall | 25 | | not be employed
as a teacher in the schools included under this | 26 | | System or under Article 17,
except (i) as provided in Section |
| | | 09800HB1165ham001 | - 48 - | LRB098 08854 EFG 41389 a |
|
| 1 | | 16-118 or 16-150.1, (ii) if
the member is disabled (in which | 2 | | event, eligibility for salary must cease),
or (iii) if the | 3 | | System is required by federal law to commence
payment due to | 4 | | the member's age; the changes to this sentence made by this
| 5 | | amendatory Act of the 93rd General Assembly apply without
| 6 | | regard to whether the member terminated employment before or | 7 | | after its
effective date.
| 8 | | (Source: P.A. 93-320, eff. 7-23-03.)
| 9 | | (40 ILCS 5/16-133) (from Ch. 108 1/2, par. 16-133)
| 10 | | Sec. 16-133. Retirement annuity; amount.
| 11 | | (a) The amount of the retirement annuity shall be (i) in | 12 | | the case of a person who first became a teacher under this | 13 | | Article before July 1, 2005, the larger of the
amounts | 14 | | determined under paragraphs (A) and (B) below, or (ii) in the | 15 | | case of a person who first becomes a teacher under this Article | 16 | | on or after July 1, 2005, the amount determined under the | 17 | | applicable provisions of paragraph (B):
| 18 | | (A) An amount consisting of the sum of the following:
| 19 | | (1) An amount that can be provided on an | 20 | | actuarially equivalent basis
by the member's | 21 | | accumulated contributions at the time of retirement; | 22 | | and
| 23 | | (2) The sum of (i) the amount that can be provided | 24 | | on an actuarially
equivalent basis by the member's | 25 | | accumulated contributions representing
service prior |
| | | 09800HB1165ham001 | - 49 - | LRB098 08854 EFG 41389 a |
|
| 1 | | to July 1, 1947, and (ii) the amount that can be | 2 | | provided on
an actuarially equivalent basis by the | 3 | | amount obtained by multiplying 1.4
times the member's | 4 | | accumulated contributions covering service subsequent | 5 | | to
June 30, 1947; and
| 6 | | (3) If there is prior service, 2 times the amount | 7 | | that would have been
determined under subparagraph (2) | 8 | | of paragraph (A) above on account of
contributions | 9 | | which would have been made during the period of prior | 10 | | service
creditable to the member had the System been in | 11 | | operation and had the
member made contributions at the | 12 | | contribution rate in effect prior to
July 1, 1947.
| 13 | | This paragraph (A) does not apply to a person who first | 14 | | becomes a teacher under this Article on or after July 1, | 15 | | 2005.
| 16 | | (B) An amount consisting of the greater of the | 17 | | following:
| 18 | | (1) For creditable service earned before July 1, | 19 | | 1998 that has not
been augmented under Section | 20 | | 16-129.1: 1.67% of final average salary for
each of the | 21 | | first 10 years of creditable service, 1.90% of final | 22 | | average salary
for each year in excess of 10 but not | 23 | | exceeding 20, 2.10% of final average
salary for each | 24 | | year in excess of 20 but not exceeding 30, and 2.30% of | 25 | | final
average salary for each year in excess of 30; and
| 26 | | For creditable service earned on or after July 1, |
| | | 09800HB1165ham001 | - 50 - | LRB098 08854 EFG 41389 a |
|
| 1 | | 1998 by a member who
has at least 24 years of | 2 | | creditable service on July 1, 1998 and who
does not | 3 | | elect to augment service under Section 16-129.1: 2.2% | 4 | | of final
average salary for each year of creditable | 5 | | service earned on or after July 1,
1998 but before the | 6 | | member reaches a total of 30 years of creditable | 7 | | service
and 2.3% of final average salary for each year | 8 | | of creditable service earned
on or after July 1, 1998 | 9 | | and after the member reaches a total of 30 years of
| 10 | | creditable service; and
| 11 | | For all other creditable service: 2.2% of final | 12 | | average salary
for each year of creditable service; or
| 13 | | (2) 1.5% of final average salary for each year of
| 14 | | creditable service plus the sum $7.50 for each of the | 15 | | first 20 years of
creditable service.
| 16 | | For a person
not in service on or after the effective | 17 | | date of this amendatory Act of the 98th General Assembly to | 18 | | whom this paragraph (B) applies, the The amount of the | 19 | | retirement annuity determined under this paragraph (B)
| 20 | | shall be reduced by 1/2 of 1% for each month that the | 21 | | member is less than
age 60 at the time the retirement | 22 | | annuity begins. However, this reduction
shall not apply (i) | 23 | | if the member has at least 35 years of creditable service,
| 24 | | or (ii) if the member retires on account of disability | 25 | | under Section 16-149.2
of this Article with at least 20 | 26 | | years of creditable service, or (iii) if
the member (1) has |
| | | 09800HB1165ham001 | - 51 - | LRB098 08854 EFG 41389 a |
|
| 1 | | earned during the period immediately preceding the last
day | 2 | | of service at least one year of contributing creditable | 3 | | service as an
employee of a department as defined in | 4 | | Section 14-103.04, (2) has earned at
least 5 years of | 5 | | contributing creditable service as an employee of a | 6 | | department
as defined in Section 14-103.04, (3) retires on | 7 | | or after January 1, 2001, and
(4) retires having attained | 8 | | an age which, when added to the number of years of
his or | 9 | | her total creditable service, equals at least 85. Portions | 10 | | of years
shall be counted as decimal equivalents.
| 11 | | For a person
in service on or after the effective date | 12 | | of this amendatory Act of the 98th General Assembly to whom | 13 | | this paragraph (B) applies and who retires after attaining | 14 | | age 62 but before age 67 with at least 10 years of | 15 | | creditable service, the retirement annuity shall be | 16 | | discounted as provided in subsection (a-5) of Section | 17 | | 16-132. | 18 | | (b) For purposes of this Section, final average salary | 19 | | shall be the
average salary for the highest 4 consecutive years | 20 | | within the last 10 years
of creditable service as determined | 21 | | under rules of the board. The minimum
final average salary | 22 | | shall be considered to be $2,400 per year.
| 23 | | In the determination of final average salary for members | 24 | | other than
elected officials and their appointees when such | 25 | | appointees are allowed by
statute, that part of a member's | 26 | | salary for any year beginning after June
30, 1979 which exceeds |
| | | 09800HB1165ham001 | - 52 - | LRB098 08854 EFG 41389 a |
|
| 1 | | the member's annual full-time salary rate with the
same | 2 | | employer for the preceding year by more than 20% shall be | 3 | | excluded.
The exclusion shall not apply in any year in which | 4 | | the member's creditable
earnings are less than 50% of the | 5 | | preceding year's mean salary for downstate
teachers as | 6 | | determined by the survey of school district salaries provided | 7 | | in
Section 2-3.103 of the School Code.
| 8 | | (c) In determining the amount of the retirement annuity | 9 | | under paragraph
(B) of this Section, a fractional year shall be | 10 | | granted proportional credit.
| 11 | | (d) The retirement annuity determined under paragraph (B) | 12 | | of this Section
shall be available only to members who render | 13 | | teaching service after July
1, 1947 for which member | 14 | | contributions are required, and to annuitants who
re-enter | 15 | | under the provisions of Section 16-150.
| 16 | | (e) The maximum retirement annuity provided under | 17 | | paragraph (B) of this
Section shall be 75% of final average | 18 | | salary.
| 19 | | (f) A member retiring after the effective date of this | 20 | | amendatory Act
of 1998 shall receive a pension equal to 75% of | 21 | | final average salary if the
member is qualified to receive a | 22 | | retirement annuity equal to at least 74.6%
of final average | 23 | | salary under this Article or as proportional annuities under
| 24 | | Article 20 of this Code.
| 25 | | (Source: P.A. 94-4, eff. 6-1-05.)
|
| | | 09800HB1165ham001 | - 53 - | LRB098 08854 EFG 41389 a |
|
| 1 | | (40 ILCS 5/16-133.2) (from Ch. 108 1/2, par. 16-133.2)
| 2 | | Sec. 16-133.2. Early retirement without discount. | 3 | | (a) A member
retiring after June 1, 1980 and on or before | 4 | | June 30, 2005 (or as provided in subsection (b) of this | 5 | | Section), and
applying for a retirement annuity within 6 months | 6 | | of the last day of
teaching for which retirement contributions | 7 | | were required,
may elect at the time of application for a | 8 | | retirement annuity, to make
a one time member contribution to | 9 | | the System and thereby
avoid the reduction in the retirement | 10 | | annuity for retirement before age
60 specified in paragraph (B) | 11 | | of Section 16-133. The exercise of the
election shall also | 12 | | obligate the last employer to make a one time
non-refundable | 13 | | contribution to the System. Substitute teachers wishing to
| 14 | | exercise this election must teach 85 or more days in one school | 15 | | term with
one employer, who shall be deemed the last employer | 16 | | for purposes of this
Section. The last day of teaching with | 17 | | that employer must be within 6
months of the date of | 18 | | application for retirement. All substitute
teaching credit | 19 | | applied toward the required 85 days must be earned after
June | 20 | | 30, 1990.
| 21 | | The one time member and employer contributions shall be a | 22 | | percentage of
the retiring member's highest annual salary rate | 23 | | used in the determination
of the average salary for retirement | 24 | | annuity purposes. However, when
determining the one-time | 25 | | member and employer contributions, that part of a
member's | 26 | | salary with the same employer which exceeds the annual salary |
| | | 09800HB1165ham001 | - 54 - | LRB098 08854 EFG 41389 a |
|
| 1 | | rate
for the preceding year by more than 20% shall be excluded. | 2 | | The member
contribution shall be at the rate of 7% for the | 3 | | lesser of the following 2
periods: (1) for each year that the | 4 | | member is less than age 60; or (2) for
each year that the | 5 | | member's creditable service is less than 35 years. If a
member | 6 | | is at least age 55 and has at least 34 years of creditable | 7 | | service, no
member or employer contribution for the early | 8 | | retirement option shall be
required. The employer contribution | 9 | | shall be at the rate of 20% for each year
the member is under | 10 | | age 60.
| 11 | | Upon receipt of the application and election, the System | 12 | | shall determine
the one time employee and employer | 13 | | contributions required. The member
contribution shall be | 14 | | credited to the individual account of the member and
the | 15 | | employer contribution shall be credited to the Benefit Trust | 16 | | Reserve. The
provisions of this subsection (a) providing for | 17 | | the avoidance of the reduction in retirement annuity shall
not | 18 | | be applicable until the member's contribution, if any, has been | 19 | | received
by the System; however, the date such contributions | 20 | | are received shall not be
considered in determining the | 21 | | effective date of retirement.
| 22 | | The number of members working for a single employer who may
| 23 | | retire under this subsection or subsection (b) in any year may | 24 | | be limited at the option
of the employer to a specified | 25 | | percentage of those eligible, not less
than 30%, with the right | 26 | | to participate to be allocated among those
applying on the |
| | | 09800HB1165ham001 | - 55 - | LRB098 08854 EFG 41389 a |
|
| 1 | | basis of seniority in the service of the employer.
| 2 | | (b) The provisions of subsection (a) of this Section shall | 3 | | remain in effect for a member retiring after June 30, 2005 and | 4 | | on or before July 1, 2007, provided that the member satisfies | 5 | | both of the following requirements: | 6 | | (1) the member notified his or her employer of intent | 7 | | to retire under this Article on or before the effective | 8 | | date of this amendatory Act of the 94th General Assembly | 9 | | under the terms of a contract or collective bargaining | 10 | | agreement entered into, amended, or renewed with the | 11 | | employer on or before the effective date of this amendatory | 12 | | Act of the 94th General Assembly; and
| 13 | | (2) the effective date of the member's retirement is on | 14 | | or before July 1, 2007. | 15 | | The member's employer must give evidence of the member's | 16 | | notification by providing to the System:
| 17 | | (i) a copy of the member's notification to the employer | 18 | | or the record of that notification;
| 19 | | (ii) an affidavit signed by the member and the | 20 | | employer, verifying the notification; and
| 21 | | (iii) any additional documentation that the System may | 22 | | require.
| 23 | | (c) Except as otherwise provided in subsection (b), and | 24 | | subject to the provisions of Section 16-176, a member retiring | 25 | | on or after July 1, 2005 and before the effective date of this | 26 | | amendatory Act of the 98th General Assembly , and applying for a |
| | | 09800HB1165ham001 | - 56 - | LRB098 08854 EFG 41389 a |
|
| 1 | | retirement annuity within 6 months of the last day of teaching | 2 | | for which retirement contributions were required, may elect at | 3 | | the time of application for a retirement annuity, to make a | 4 | | one-time member contribution to the System and thereby avoid | 5 | | the reduction in the retirement annuity for retirement before | 6 | | age 60 specified in paragraph (B) of Section 16-133. The | 7 | | exercise of the election shall also obligate the last employer | 8 | | to make a one-time nonrefundable contribution to the System. | 9 | | Substitute teachers wishing to exercise this election must | 10 | | teach 85 or more days in one school term with one employer, who | 11 | | shall be deemed the last employer for purposes of this Section. | 12 | | The last day of teaching with that employer must be within 6 | 13 | | months of the date of application for retirement. All | 14 | | substitute teaching credit applied toward the required 85 days | 15 | | must be earned after June 30, 1990. | 16 | | The one-time member and employer contributions shall be a | 17 | | percentage of the retiring member's highest annual salary rate | 18 | | used in the determination of the average salary for retirement | 19 | | annuity purposes. However, when determining the one-time | 20 | | member and employer contributions, that part of a member's | 21 | | salary with the same employer which exceeds the annual salary | 22 | | rate for the preceding year by more than 20% shall be excluded. | 23 | | The member contribution shall be at the rate of 11.5% for the | 24 | | lesser of the following 2 periods: (1) for each year that the | 25 | | member is less than age 60; or (2) for each year that the | 26 | | member's creditable service is less than 35 years. The employer |
| | | 09800HB1165ham001 | - 57 - | LRB098 08854 EFG 41389 a |
|
| 1 | | contribution shall be at the rate of 23.5% for each year the | 2 | | member is under age 60. | 3 | | Upon receipt of the application and election, the System | 4 | | shall determine the one-time employee and employer | 5 | | contributions required. The member contribution shall be | 6 | | credited to the individual account of the member and the | 7 | | employer contribution shall be credited to the Benefit Trust | 8 | | Reserve. The avoidance of the reduction in retirement annuity | 9 | | provided under this subsection (c) is not applicable until the | 10 | | member's contribution, if any, has been received by the System; | 11 | | however, the date that contribution is received shall not be | 12 | | considered in determining the effective date of retirement.
| 13 | | The number of members working for a single employer who may | 14 | | retire under this subsection (c) in any year may be limited at | 15 | | the option of the employer to a specified percentage of those | 16 | | eligible, not less than 10%, with the right to participate to | 17 | | be allocated among those applying on the basis of seniority in | 18 | | the service of the employer. | 19 | | The early retirement without discount option provided | 20 | | under this Section is not available to persons who are in | 21 | | service on or after the effective date of this amendatory Act | 22 | | of the 98th General Assembly. | 23 | | (Source: P.A. 93-469, eff. 8-8-03; 94-4, eff. 6-1-05.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.".
|
|