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91_HB2738
LRB9101973EGfg
1 AN ACT in relation to public employee pensions, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Sections 14-114, 14-119, 14-121, 15-136, 15-136.3,
7 15-145, 16-133.1, 16-143.1, 17-119, and 17-122 as follows:
8 (40 ILCS 5/14-114) (from Ch. 108 1/2, par. 14-114)
9 Sec. 14-114. Automatic increase in retirement annuity.
10 (a) Any person receiving a retirement annuity under this
11 Article who retires having attained age 60, or who retires
12 before age 60 having at least 35 years of creditable service,
13 shall on January 1, next following the first full year of
14 retirement, have the amount of the then fixed and payable
15 monthly retirement annuity increased 3%. Any person
16 receiving a retirement annuity under this Article who retires
17 before attainment of age 60 and with less than 35 years of
18 creditable service shall have the amount of the fixed and
19 payable retirement annuity increased by 3% on the January 1
20 occurring on or next following (1) attainment of age 60, or
21 (2) the first anniversary of retirement, whichever occurs
22 later. However, for persons who receive the alternative
23 retirement annuity under Section 14-110, references in this
24 subsection (a) to attainment of age 60 shall be deemed to
25 refer to attainment of age 55. For a person receiving early
26 retirement incentives under Section 14-108.3 whose retirement
27 annuity began after January 1, 1992 pursuant to an extension
28 granted under subsection (e) of that Section, the first
29 anniversary of retirement shall be deemed to be January 1,
30 1993.
31 On each January 1 following the date of the initial
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1 increase under this subsection, the employee's monthly
2 retirement annuity shall be increased by an additional 3%.
3 Beginning January 1, 1990, all automatic annual increases
4 payable under this Section shall be calculated as a
5 percentage of the total annuity payable at the time of the
6 increase, including previous increases granted under this
7 Article.
8 (b) The provisions of subsection (a) of this Section
9 shall be applicable to an employee only if the employee makes
10 the additional contributions required after December 31, 1969
11 for the purpose of the automatic increases for not less than
12 the equivalent of one full year. If an employee becomes an
13 annuitant before his additional contributions equal one full
14 year's contributions based on his salary at the date of
15 retirement, the employee may pay the necessary balance of the
16 contributions to the system, without interest, and be
17 eligible for the increasing annuity authorized by this
18 Section.
19 (c) The provisions of subsection (a) of this Section
20 shall not be applicable to any annuitant who is on retirement
21 on December 31, 1969, and thereafter returns to State
22 service, unless the member has established at least one year
23 of additional creditable service following reentry into
24 service.
25 (d) In addition to other increases which may be provided
26 by this Section, on January 1, 1981 any annuitant who was
27 receiving a retirement annuity on or before January 1, 1971
28 shall have his retirement annuity then being paid increased
29 $1 per month for each year of creditable service. On January
30 1, 1982, any annuitant who began receiving a retirement
31 annuity on or before January 1, 1977, shall have his
32 retirement annuity then being paid increased $1 per month for
33 each year of creditable service.
34 On January 1, 1987, any annuitant who began receiving a
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1 retirement annuity on or before January 1, 1977, shall have
2 the monthly retirement annuity increased by an amount equal
3 to 8¢ per year of creditable service times the number of
4 years that have elapsed since the annuity began.
5 (d-1) On January 1, 2000, every annuitant who began
6 receiving a retirement annuity on or before January 1, 1993
7 shall have the monthly retirement annuity increased by an
8 amount equal to 25¢ multiplied by the number of full years of
9 creditable service multiplied by the number of full years
10 that have elapsed since the annuity began. Every annuitant
11 who begins receiving a retirement annuity after January 1,
12 1993 and before January 1, 2000 shall have the monthly
13 retirement annuity increased on the January 1 occurring on or
14 next following the seventh anniversary of retirement by an
15 amount equal to $1.75 multiplied by the number of full years
16 of creditable service upon which the retirement annuity is
17 based. The increase under this subsection shall be included
18 in the calculation of increases granted simultaneously or
19 thereafter under subsection (a).
20 (e) Every person who receives the alternative retirement
21 annuity under Section 14-110 and who is eligible to receive
22 the 3% increase under subsection (a) on January 1, 1986,
23 shall also receive on that date a one-time increase in
24 retirement annuity equal to the difference between (1) his
25 actual retirement annuity on that date, including any
26 increases received under subsection (a), and (2) the amount
27 of retirement annuity he would have received on that date if
28 the amendments to subsection (a) made by Public Act 84-162
29 had been in effect since the date of his retirement.
30 (Source: P.A. 86-273; 87-1265.)
31 (40 ILCS 5/14-119) (from Ch. 108 1/2, par. 14-119)
32 Sec. 14-119. Amount of widow's annuity.
33 (a) The widow's annuity shall be 50% of the amount of
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1 retirement annuity payable to the member on the date of death
2 while on retirement if an annuitant, or on the date of his
3 death while in service if an employee, regardless of his age
4 on such date, or on the date of withdrawal if death occurred
5 after termination of service under the conditions prescribed
6 in the preceding Section.
7 (b) If an eligible widow, regardless of age, has in her
8 care any unmarried child or children of the member under age
9 18 (under age 22 if a full-time student), the widow's annuity
10 shall be increased in the amount of 5% of the retirement
11 annuity for each such child, but the combined payments for a
12 widow and children shall not exceed 66 2/3% of the member's
13 earned retirement annuity.
14 The amount of retirement annuity from which the widow's
15 annuity is derived shall be that earned by the member without
16 regard to whether he attained age 60 prior to his withdrawal
17 under the conditions stated or prior to his death.
18 (c) Adopted children shall be considered as children of
19 the member only if the proceedings for adoption were
20 commenced at least 1 year prior to the member's death.
21 Marriage of a child shall render the child ineligible for
22 further consideration in the increase in the amount of the
23 widow's annuity.
24 Attainment of age 18 (age 22 if a full-time student)
25 shall render a child ineligible for further consideration in
26 the increase of the widow's annuity, but the annuity to the
27 widow shall be continued thereafter, without regard to her
28 age at that time.
29 (d) A widow's annuity payable on account of any covered
30 employee who shall have been a covered employee for at least
31 18 months shall be reduced by 1/2 of the amount of survivors
32 benefits to which his beneficiaries are eligible under the
33 provisions of the Federal Social Security Act, except that
34 (1) the amount of any widow's annuity payable under this
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1 Article shall not be reduced by reason of any increase under
2 that Act which occurs after the offset required by this
3 subsection is first applied to that annuity, and (2) for
4 benefits granted on or after January 1, 1992, the offset
5 under this subsection (d) shall not exceed 50% of the amount
6 of widow's annuity otherwise payable.
7 (e) Upon the death of a recipient of a widow's annuity
8 the excess, if any, of the member's accumulated
9 contributions plus credited interest over all annuity
10 payments to the member and widow, exclusive of the $500 lump
11 sum payment, shall be paid to the named beneficiary of the
12 widow, or if none has been named, to the estate of the widow,
13 provided no reversionary annuity is payable.
14 (f) On January 1, 1981, any recipient of a widow's
15 annuity who was receiving a widow's annuity on or before
16 January 1, 1971, shall have her widow's annuity then being
17 paid increased by 1% for each full year which has elapsed
18 from the date the widow's annuity began. On January 1, 1982,
19 any recipient of a widow's annuity who began receiving a
20 widow's annuity after January 1, 1971, but before January 1,
21 1981, shall have her widow's annuity then being paid
22 increased by 1% for each full year which has elapsed from the
23 date the widow's annuity began. On January 1, 1987, any
24 recipient of a widow's annuity who began receiving the
25 widow's annuity on or before January 1, 1977, shall have the
26 monthly widow's annuity increased by $1 for each full year
27 which has elapsed since the date the annuity began.
28 (f-1) On January 1, 2000, every widow who began
29 receiving a widow's annuity on or before January 1, 1993
30 shall have the monthly widow's annuity increased by an amount
31 equal to 25¢ multiplied by the number of full years of the
32 deceased spouse's creditable service multiplied by the sum of
33 (i) the number of full years that have elapsed since the
34 widow's annuity began and (ii) the number of full years, if
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1 any, during which the deceased spouse received a retirement
2 annuity under this Article. Every widow who begins receiving
3 a widow's annuity after January 1, 1993 and before January 1,
4 2000 shall have the monthly widow's annuity increased on the
5 January 1 occurring on or next following the seventh
6 anniversary of the commencement of the widow's annuity by an
7 amount equal to 25¢ multiplied by the number of full years of
8 the deceased spouse's creditable service multiplied by the
9 sum of (i) the number of full years that have elapsed since
10 the widow's annuity began and (ii) the number of full years,
11 if any, during which the deceased spouse received a
12 retirement annuity under this Article. The increase under
13 this subsection shall be included in the calculation of
14 increases granted simultaneously or thereafter under
15 subsection (g).
16 (g) Beginning January 1, 1990, every widow's annuity
17 shall be increased (1) on each January 1 occurring on or
18 after the commencement of the annuity if the deceased member
19 died while receiving a retirement annuity, or (2) in other
20 cases, on each January 1 occurring on or after the first
21 anniversary of the commencement of the annuity, by an amount
22 equal to 3% of the current amount of the annuity, including
23 any previous increases under this Article. Such increases
24 shall apply without regard to whether the deceased member was
25 in service on or after the effective date of Public Act
26 86-1488, but shall not accrue for any period prior to January
27 1, 1990.
28 (Source: P.A. 90-448, eff. 8-16-97.)
29 (40 ILCS 5/14-121) (from Ch. 108 1/2, par. 14-121)
30 Sec. 14-121. Amount of survivors annuity. A survivors
31 annuity beneficiary shall be entitled upon death of the
32 member to a single sum payment of $1,000, payable pro rata
33 among all persons entitled thereto, together with a survivors
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1 annuity payable at the rates and under the conditions
2 specified in this Article.
3 (a) If the survivors annuity beneficiary is a spouse,
4 the survivors annuity shall be 30% of final average
5 compensation subject to a maximum payment of $400 per month.
6 (b) If an eligible child or children under the care of a
7 spouse also survives the member, such spouse as natural
8 guardian of the child or children shall receive, in addition
9 to the foregoing annuity, 20% of final average compensation
10 on account of each such child and 10% of final average
11 compensation divided pro rata among such children, subject to
12 a maximum payment on account of all survivor annuity
13 beneficiaries of $600 per month, or 80% of the member's final
14 average compensation, whichever is the lesser.
15 (c) If the survivors annuity beneficiary or
16 beneficiaries consists of an unmarried child or children, the
17 amount of survivors annuity shall be 20% of final average
18 compensation to each child, and 10% of final average
19 compensation divided pro rata among all such children
20 entitled to such annuity, subject to a maximum payment to all
21 children combined of $600 per month or 80% of the member's
22 final average compensation, whichever is the lesser.
23 (d) If the survivors annuity beneficiary is one or more
24 dependent parents, the annuity shall be 20% of final average
25 compensation to each parent and 10% of final average
26 compensation divided pro rata among the parents who qualify
27 for this annuity, subject to a maximum payment to both
28 dependent parents of $400 per month.
29 (e) The survivors annuity to the spouse, children or
30 dependent parents of a member whose death occurs after the
31 date of last withdrawal, or after retirement, or while in
32 service following reentry into service after retirement but
33 before completing 1 1/2 years of additional creditable
34 service, shall not exceed the lesser of 80% of the member's
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1 earned retirement annuity at the date of death or the maximum
2 previously established in this Section.
3 (f) In applying the limitation prescribed on the
4 combined payments to 2 or more survivors annuity
5 beneficiaries, the annuity on account of each beneficiary
6 shall be reduced pro rata until such time as the number of
7 beneficiaries makes the reduction no longer applicable.
8 (g) A survivors annuity payable on account of any
9 covered employee who shall have been a covered employee for
10 at least 18 months at date of death or last withdrawal,
11 whichever is the later, shall be reduced by 1/2 of the
12 survivors benefits to which his beneficiaries are eligible
13 under the federal Social Security Act, except that (1) the
14 survivors annuity payable under this Article shall not be
15 reduced by any increase under that Act which occurs after the
16 offset required by this subsection is first applied to that
17 annuity, and (2) for benefits granted on or after January 1,
18 1992, the offset under this subsection (g) shall not exceed
19 50% of the amount of survivors annuity otherwise payable.
20 (h) The minimum payment to a beneficiary hereunder shall
21 be $60 per month, which shall be reduced in accordance with
22 the limitation prescribed on the combined payments to all
23 beneficiaries of a member.
24 (i) Subject to the conditions set forth in Section
25 14-120, the minimum total survivors annuity benefit payable
26 to the survivors annuity beneficiaries of a deceased member
27 or annuitant whose death occurs on or after January 1, 1984,
28 shall be 50% of the amount of retirement annuity that was or
29 would have been payable to the deceased on the date of death,
30 regardless of the age of the deceased on such date. If the
31 minimum total benefit provided by this subsection exceeds the
32 maximum otherwise imposed by this Section, the minimum total
33 benefit shall nevertheless be payable. Any increase in the
34 total survivors annuity benefit resulting from the operation
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1 of this subsection shall be divided among the survivors
2 annuity beneficiaries of the deceased in proportion to their
3 shares of the total survivors annuity benefit otherwise
4 payable under this Section.
5 (j) Any survivors annuity beneficiary whose annuity
6 terminates due to any condition specified in this Article
7 other than death shall be entitled to a refund of the excess,
8 if any, of the accumulated contributions of the member plus
9 credited interest over all payments to the member and
10 beneficiary or beneficiaries, exclusive of the single sum
11 payment of $1,000, provided no future survivors or
12 reversionary annuity benefits are payable.
13 (k) Upon the death of the last eligible recipient of a
14 survivors annuity the excess, if any, of the member's
15 accumulated contributions plus credited interest over all
16 annuity payments to the member and survivors exclusive of the
17 single sum payment of $1000, shall be paid to the named
18 beneficiary of the last eligible survivor, or if none has
19 been named, to the estate of the last eligible survivor,
20 provided no reversionary annuity is payable.
21 (l) On January 1, 1981, any survivor who was receiving a
22 survivors annuity on or before January 1, 1971, shall have
23 his survivors annuity then being paid increased by 1% for
24 each full year which has elapsed from the date the annuity
25 began. On January 1, 1982, any survivor who began receiving
26 a survivor's annuity after January 1, 1971, but before
27 January 1, 1981, shall have his survivor's annuity then being
28 paid increased by 1% for each full year that has elapsed from
29 the date the annuity began. On January 1, 1987, any survivor
30 who began receiving a survivor's annuity on or before January
31 1, 1977, shall have the monthly survivor's annuity increased
32 by $1 for each full year which has elapsed since the date the
33 survivor's annuity began.
34 (m) Beginning January 1, 1990, every survivor's annuity
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1 shall be increased (1) on each January 1 occurring on or
2 after the commencement of the annuity if the deceased member
3 died while receiving a retirement annuity, or (2) in other
4 cases, on each January 1 occurring on or after the first
5 anniversary of the commencement of the annuity, by an amount
6 equal to 3% of the current amount of the annuity, including
7 any previous increases under this Article. Such increases
8 shall apply without regard to whether the deceased member was
9 in service on or after the effective date of Public Act
10 86-1488, but shall not accrue for any period prior to January
11 1, 1990.
12 (n) On January 1, 2000, every survivor who began
13 receiving a survivor's annuity on or before January 1, 1993
14 shall have the monthly survivor's annuity increased by an
15 amount equal to 25¢ multiplied by the number of full years of
16 the deceased's creditable service multiplied by the sum of
17 (i) the number of full years that have elapsed since the
18 survivor's annuity began and (ii) the number of full years,
19 if any, during which the deceased received a retirement
20 annuity under this Article. Every survivor who begins
21 receiving a survivor's annuity after January 1, 1993 and
22 before January 1, 2000 shall have the monthly survivor's
23 annuity increased on the January 1 occurring on or next
24 following the seventh anniversary of the commencement of the
25 survivor's annuity, by an amount equal to 25¢ multiplied by
26 the number of full years of the deceased's creditable service
27 multiplied by the sum of (i) the number of full years that
28 have elapsed since the survivor's annuity began and (ii) the
29 number of full years, if any, during which the deceased
30 received a retirement annuity under this Article. The
31 increase under this subsection shall be included in the
32 calculation of increases granted simultaneously or thereafter
33 under subsection (m).
34 (Source: P.A. 86-273; 86-1488; 87-794.)
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1 (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
2 Sec. 15-136. Retirement annuities - Amount. The
3 provisions of this Section 15-136 apply only to those
4 participants who are participating in the traditional benefit
5 package or the portable benefit package and do not apply to
6 participants who are participating in the self-managed plan.
7 (a) The amount of a participant's retirement annuity,
8 expressed in the form of a single-life annuity, shall be
9 determined by whichever of the following rules is applicable
10 and provides the largest annuity:
11 Rule 1: The retirement annuity shall be 1.67% of final
12 rate of earnings for each of the first 10 years of service,
13 1.90% for each of the next 10 years of service, 2.10% for
14 each year of service in excess of 20 but not exceeding 30,
15 and 2.30% for each year in excess of 30; or for persons who
16 retire on or after January 1, 1998, 2.2% of the final rate of
17 earnings for each year of service.
18 Rule 2: The retirement annuity shall be the sum of the
19 following, determined from amounts credited to the
20 participant in accordance with the actuarial tables and the
21 prescribed rate of interest in effect at the time the
22 retirement annuity begins:
23 (i) the normal annuity which can be provided on an
24 actuarially equivalent basis, by the accumulated normal
25 contributions as of the date the annuity begins; and
26 (ii) an annuity from employer contributions of an
27 amount which can be provided on an actuarially equivalent
28 basis from the accumulated normal contributions made by
29 the participant under Section 15-113.6 and Section
30 15-113.7 plus 1.4 times all other accumulated normal
31 contributions made by the participant.
32 With respect to a police officer or firefighter who retires
33 on or after the effective date of this amendatory Act of
34 1998, the accumulated normal contributions taken into account
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1 under clauses (i) and (ii) of this Rule 2 shall include the
2 additional normal contributions made by the police officer or
3 firefighter under Section 15-157(a).
4 Rule 3: The retirement annuity of a participant who is
5 employed at least one-half time during the period on which
6 his or her final rate of earnings is based, shall be equal to
7 the participant's years of service not to exceed 30,
8 multiplied by (1) $96 if the participant's final rate of
9 earnings is less than $3,500, (2) $108 if the final rate of
10 earnings is at least $3,500 but less than $4,500, (3) $120 if
11 the final rate of earnings is at least $4,500 but less than
12 $5,500, (4) $132 if the final rate of earnings is at least
13 $5,500 but less than $6,500, (5) $144 if the final rate of
14 earnings is at least $6,500 but less than $7,500, (6) $156 if
15 the final rate of earnings is at least $7,500 but less than
16 $8,500, (7) $168 if the final rate of earnings is at least
17 $8,500 but less than $9,500, and (8) $180 if the final rate
18 of earnings is $9,500 or more, except that the annuity for
19 those persons having made an election under Section
20 15-154(a-1) shall be calculated and payable under the
21 portable retirement benefit program pursuant to the
22 provisions of Section 15-136.4.
23 Rule 4: A participant who is at least age 50 and has 25
24 or more years of service as a police officer or firefighter,
25 and a participant who is age 55 or over and has at least 20
26 but less than 25 years of service as a police officer or
27 firefighter, shall be entitled to a retirement annuity of
28 2 1/4% of the final rate of earnings for each of the first 10
29 years of service as a police officer or firefighter, 2 1/2%
30 for each of the next 10 years of service as a police officer
31 or firefighter, and 2 3/4% for each year of service as a
32 police officer or firefighter in excess of 20. The
33 retirement annuity for all other service shall be computed
34 under Rule 1.
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1 For purposes of this Rule 4, a participant's service as a
2 firefighter shall also include the following:
3 (i) service that is performed while the person is
4 an employee under subsection (h) of Section 15-107; and
5 (ii) in the case of an individual who was a
6 participating employee employed in the fire department of
7 the University of Illinois's Champaign-Urbana campus
8 immediately prior to the elimination of that fire
9 department and who immediately after the elimination of
10 that fire department transferred to another job with the
11 University of Illinois, service performed as an employee
12 of the University of Illinois in a position other than
13 police officer or firefighter, from the date of that
14 transfer until the employee's next termination of service
15 with the University of Illinois.
16 (b) The retirement annuity provided under Rules 1 and 3
17 above shall be reduced by 1/2 of 1% for each month the
18 participant is under age 60 at the time of retirement.
19 However, this reduction shall not apply in the following
20 cases:
21 (1) For a disabled participant whose disability
22 benefits have been discontinued because he or she has
23 exhausted eligibility for disability benefits under
24 clause (6) of Section 15-152;
25 (2) For a participant who has at least the number
26 of years of service required to retire at any age under
27 subsection (a) of Section 15-135; or
28 (3) For that portion of a retirement annuity which
29 has been provided on account of service of the
30 participant during periods when he or she performed the
31 duties of a police officer or firefighter, if these
32 duties were performed for at least 5 years immediately
33 preceding the date the retirement annuity is to begin.
34 (c) The maximum retirement annuity provided under Rules
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1 1, 2, and 4 shall be the lesser of (1) the annual limit of
2 benefits as specified in Section 415 of the Internal Revenue
3 Code of 1986, as such Section may be amended from time to
4 time and as such benefit limits shall be adjusted by the
5 Commissioner of Internal Revenue, and (2) 80% of final rate
6 of earnings.
7 (d) An annuitant whose status as an employee terminates
8 after August 14, 1969 shall receive automatic increases in
9 his or her retirement annuity as follows:
10 Effective January 1 immediately following the date the
11 retirement annuity begins, the annuitant shall receive an
12 increase in his or her monthly retirement annuity of 0.125%
13 of the monthly retirement annuity provided under Rule 1, Rule
14 2, Rule 3, or Rule 4, contained in this Section, multiplied
15 by the number of full months which elapsed from the date the
16 retirement annuity payments began to January 1, 1972, plus
17 0.1667% of such annuity, multiplied by the number of full
18 months which elapsed from January 1, 1972, or the date the
19 retirement annuity payments began, whichever is later, to
20 January 1, 1978, plus 0.25% of such annuity multiplied by the
21 number of full months which elapsed from January 1, 1978, or
22 the date the retirement annuity payments began, whichever is
23 later, to the effective date of the increase.
24 The annuitant shall receive an increase in his or her
25 monthly retirement annuity on each January 1 thereafter
26 during the annuitant's life of 3% of the monthly annuity
27 provided under Rule 1, Rule 2, Rule 3, or Rule 4 contained in
28 this Section. The change made under this subsection by P.A.
29 81-970 is effective January 1, 1980 and applies to each
30 annuitant whose status as an employee terminates before or
31 after that date.
32 Beginning January 1, 1990, all automatic annual increases
33 payable under this Section shall be calculated as a
34 percentage of the total annuity payable at the time of the
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1 increase, including all increases previously granted under
2 this Article.
3 The change made in this subsection by P.A. 85-1008 is
4 effective January 26, 1988, and is applicable without regard
5 to whether status as an employee terminated before that date.
6 (e) If, on January 1, 1987, or the date the retirement
7 annuity payment period begins, whichever is later, the sum of
8 the retirement annuity provided under Rule 1 or Rule 2 of
9 this Section and the automatic annual increases provided
10 under the preceding subsection or Section 15-136.1, amounts
11 to less than the retirement annuity which would be provided
12 by Rule 3, the retirement annuity shall be increased as of
13 January 1, 1987, or the date the retirement annuity payment
14 period begins, whichever is later, to the amount which would
15 be provided by Rule 3 of this Section. Such increased amount
16 shall be considered as the retirement annuity in determining
17 benefits provided under other Sections of this Article. This
18 paragraph applies without regard to whether status as an
19 employee terminated before the effective date of this
20 amendatory Act of 1987, provided that the annuitant was
21 employed at least one-half time during the period on which
22 the final rate of earnings was based.
23 (f) A participant is entitled to such additional annuity
24 as may be provided on an actuarially equivalent basis, by any
25 accumulated additional contributions to his or her credit.
26 However, the additional contributions made by the participant
27 toward the automatic increases in annuity provided under this
28 Section shall not be taken into account in determining the
29 amount of such additional annuity.
30 (g) If, (1) by law, a function of a governmental unit,
31 as defined by Section 20-107 of this Code, is transferred in
32 whole or in part to an employer, and (2) a participant
33 transfers employment from such governmental unit to such
34 employer within 6 months after the transfer of the function,
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1 and (3) the sum of (A) the annuity payable to the participant
2 under Rule 1, 2, or 3 of this Section (B) all proportional
3 annuities payable to the participant by all other retirement
4 systems covered by Article 20, and (C) the initial primary
5 insurance amount to which the participant is entitled under
6 the Social Security Act, is less than the retirement annuity
7 which would have been payable if all of the participant's
8 pension credits validated under Section 20-109 had been
9 validated under this system, a supplemental annuity equal to
10 the difference in such amounts shall be payable to the
11 participant.
12 (h) On January 1, 1981, an annuitant who was receiving a
13 retirement annuity on or before January 1, 1971 shall have
14 his or her retirement annuity then being paid increased $1
15 per month for each year of creditable service. On January 1,
16 1982, an annuitant whose retirement annuity began on or
17 before January 1, 1977, shall have his or her retirement
18 annuity then being paid increased $1 per month for each year
19 of creditable service.
20 (i) On January 1, 1987, any annuitant whose retirement
21 annuity began on or before January 1, 1977, shall have the
22 monthly retirement annuity increased by an amount equal to 8¢
23 per year of creditable service times the number of years that
24 have elapsed since the annuity began.
25 (j) On January 1, 2000, every annuitant who began
26 receiving a retirement annuity on or before January 1, 1993
27 shall have the monthly retirement annuity increased by an
28 amount equal to 25¢ multiplied by the number of full years of
29 creditable service multiplied by the number of full years
30 that have elapsed since the annuity began. Every annuitant
31 who begins receiving a retirement annuity after January 1,
32 1993 and before January 1, 2000 shall have the monthly
33 retirement annuity increased on the January 1 occurring on or
34 next following the seventh anniversary of retirement by an
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1 amount equal to $1.75 multiplied by the number of full years
2 of creditable service upon which the retirement annuity is
3 based. The increase under this subsection shall be included
4 in the calculation of increases granted simultaneously or
5 thereafter under subsection (d).
6 (Source: P.A. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
7 eff. 8-16-97; 90-576, eff. 3-31-98; 90-655, eff. 7-30-98;
8 90-766, eff. 8-14-98.)
9 (40 ILCS 5/15-136.3)
10 Sec. 15-136.3. Minimum retirement annuity.
11 (a) Beginning January 1, 1997, any person who is
12 receiving a monthly retirement annuity under this Article
13 which, after inclusion of (1) all one-time and automatic
14 annual increases to which the person is entitled, (2) any
15 supplemental annuity payable under Section 15-136.1, and (3)
16 any amount deducted under Section 15-138 or 15-140 to provide
17 a reversionary annuity, is less than the minimum monthly
18 retirement benefit amount specified in subsection (b) of this
19 Section, shall be entitled to a monthly supplemental payment
20 equal to the difference.
21 (b) For purposes of the calculation in subsection (a),
22 the minimum monthly retirement benefit amount is the sum of
23 $25 for each year of service credit, up to a maximum of 30
24 years of service, plus the amount of the increase received by
25 the annuitant under subsection (j) of Section 15-136, if any.
26 (c) This Section applies to all persons receiving a
27 retirement annuity under this Article, without regard to
28 whether or not employment terminated prior to the effective
29 date of this Section.
30 (Source: P.A. 89-616, eff. 8-9-96.)
31 (40 ILCS 5/15-145) (from Ch. 108 1/2, par. 15-145)
32 Sec. 15-145. Survivors insurance benefits; conditions
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1 and amounts.
2 (a) The survivors insurance benefits provided under this
3 Section shall be payable to the eligible survivors of a
4 participant covered under the traditional benefit package
5 upon the death of (1) a participating employee with at least
6 1 1/2 years of service, (2) a participant who terminated
7 employment with at least 10 years of service, and (3) an
8 annuitant in receipt of a retirement annuity or disability
9 retirement annuity under this Article.
10 Service under the State Employees' Retirement System of
11 Illinois, the Teachers' Retirement System of the State of
12 Illinois and the Public School Teachers' Pension and
13 Retirement Fund of Chicago shall be considered in determining
14 eligibility for survivors benefits under this Section.
15 If by law, a function of a governmental unit, as defined
16 by Section 20-107, is transferred in whole or in part to an
17 employer, and an employee transfers employment from this
18 governmental unit to such employer within 6 months after the
19 transfer of this function, the service credits in the
20 governmental unit's retirement system which have been
21 validated under Section 20-109 shall be considered in
22 determining eligibility for survivors benefits under this
23 Section.
24 (b) A surviving spouse of a deceased participant, or of
25 a deceased annuitant who had a survivors insurance
26 beneficiary at the time of retirement, shall receive a
27 survivors annuity of 30% of the final rate of earnings.
28 Payments shall begin on the day following the participant's
29 or annuitant's death or the date the surviving spouse attains
30 age 50, whichever is later, and continue until the death of
31 the surviving spouse. The annuity shall be payable to the
32 surviving spouse prior to attainment of age 50 if the
33 surviving spouse has in his or her care a deceased
34 participant's or annuitant's dependent unmarried child under
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1 age 18 (under age 22 if a full-time student) who is eligible
2 for a survivors annuity. Remarriage of a surviving spouse
3 prior to attainment of age 55 shall disqualify him or her for
4 the receipt of a survivors annuity.
5 (c) Each dependent unmarried child under age 18 (under
6 age 22 if a full-time student) of a deceased participant, or
7 of a deceased annuitant who had a survivors insurance
8 beneficiary at the time of his or her retirement, shall
9 receive a survivors annuity equal to the sum of (1) 20% of
10 the final rate of earnings, and (2) 10% of the final rate of
11 earnings divided by the number of children entitled to this
12 benefit. Payments shall begin on the day following the
13 participant's or annuitant's death and continue until the
14 child marries, dies, or attains age 18 (age 22 if a full-time
15 student). If the child is in the care of a surviving spouse
16 who is eligible for survivors insurance benefits, the child's
17 benefit shall be paid to the surviving spouse.
18 Each unmarried child over age 18 of a deceased
19 participant or of a deceased annuitant who had a survivor's
20 insurance beneficiary at the time of his or her retirement,
21 and who was dependent upon the participant or annuitant by
22 reason of a physical or mental disability which began prior
23 to the date the child attained age 18 (age 22 if a full-time
24 student), shall receive a survivor's annuity equal to the sum
25 of (1) 20% of the final rate of earnings, and (2) 10% of the
26 final rate of earnings divided by the number of children
27 entitled to survivors benefits. Payments shall begin on the
28 day following the participant's or annuitant's death and
29 continue until the child marries, dies, or is no longer
30 disabled. If the child is in the care of a surviving spouse
31 who is eligible for survivors insurance benefits, the child's
32 benefit may be paid to the surviving spouse. For the
33 purposes of this Section, disability means inability to
34 engage in any substantial gainful activity by reason of any
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1 medically determinable physical or mental impairment that can
2 be expected to result in death or that has lasted or can be
3 expected to last for a continuous period of at least one
4 year.
5 (d) Each dependent parent of a deceased participant, or
6 of a deceased annuitant who had a survivors insurance
7 beneficiary at the time of his or her retirement, shall
8 receive a survivors annuity equal to the sum of (1) 20% of
9 final rate of earnings, and (2) 10% of final rate of earnings
10 divided by the number of parents who qualify for the benefit.
11 Payments shall begin when the parent reaches age 55 or the
12 day following the participant's or annuitant's death,
13 whichever is later, and continue until the parent dies.
14 Remarriage of a parent prior to attainment of age 55 shall
15 disqualify the parent for the receipt of a survivors annuity.
16 (e) In addition to the survivors annuity provided above,
17 each survivors insurance beneficiary shall, upon death of the
18 participant or annuitant, receive a lump sum payment of
19 $1,000 divided by the number of such beneficiaries.
20 (f) The changes made in this Section by Public Act
21 81-712 pertaining to survivors annuities in cases of
22 remarriage prior to age 55 shall apply to each survivors
23 insurance beneficiary who remarries after June 30, 1979,
24 regardless of the date that the participant or annuitant
25 terminated his employment or died.
26 (g) On January 1, 1981, any person who was receiving a
27 survivors annuity on or before January 1, 1971 shall have the
28 survivors annuity then being paid increased by 1% for each
29 full year which has elapsed from the date the annuity began.
30 On January 1, 1982, any survivor whose annuity began after
31 January 1, 1971, but before January 1, 1981, shall have the
32 survivor's annuity then being paid increased by 1% for each
33 year which has elapsed from the date the survivor's annuity
34 began. On January 1, 1987, any survivor who began receiving a
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1 survivor's annuity on or before January 1, 1977, shall have
2 the monthly survivor's annuity increased by $1 for each full
3 year which has elapsed since the date the survivor's annuity
4 began.
5 (g-1) On January 1, 2000, every survivor who began
6 receiving a survivor's annuity on or before January 1, 1993
7 shall have the monthly survivor's annuity increased by an
8 amount equal to 25¢ multiplied by the number of full years of
9 the deceased's creditable service multiplied by the sum of
10 (i) the number of full years that have elapsed since the
11 survivor's annuity began and (ii) the number of full years,
12 if any, during which the deceased received a retirement
13 annuity under this Article. Every survivor who begins
14 receiving a survivor's annuity after January 1, 1993 and
15 before January 1, 2000 shall have the monthly survivor's
16 annuity increased on the January 1 occurring on or next
17 following the seventh anniversary of the commencement of the
18 survivor's annuity by an amount equal to 25¢ multiplied by
19 the number of full years of the deceased's creditable service
20 multiplied by the sum of (i) the number of full years that
21 have elapsed since the survivor's annuity began and (ii) the
22 number of full years, if any, during which the deceased
23 received a retirement annuity under this Article. The
24 increase under this subsection shall be included in the
25 calculation of increases granted simultaneously or thereafter
26 under subsection (j).
27 (h) If the sum of the lump sum and total monthly
28 survivor benefits payable under this Section upon the death
29 of a participant amounts to less than the sum of the death
30 benefits payable under items (2) and (3) of Section 15-141,
31 the difference shall be paid in a lump sum to the beneficiary
32 of the participant who is living on the date that this
33 additional amount becomes payable.
34 (i) If the sum of the lump sum and total monthly
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1 survivor benefits payable under this Section upon the death
2 of an annuitant receiving a retirement annuity or disability
3 retirement annuity amounts to less than the death benefit
4 payable under Section 15-142, the difference shall be paid to
5 the beneficiary of the annuitant who is living on the date
6 that this additional amount becomes payable.
7 (j) Effective on the later of (1) January 1, 1990, or
8 (2) the January 1 on or next after the date on which the
9 survivor annuity begins, if the deceased member died while
10 receiving a retirement annuity, or in all other cases the
11 January 1 nearest the first anniversary of the date the
12 survivor annuity payments begin, every survivors insurance
13 beneficiary shall receive an increase in his or her monthly
14 survivors annuity of 3%. On each January 1 after the initial
15 increase, the monthly survivors annuity shall be increased by
16 3% of the total survivors annuity provided under this
17 Article, including previous increases provided by this
18 subsection. Such increases shall apply to the survivors
19 insurance beneficiaries of each participant and annuitant,
20 whether or not the employment status of the participant or
21 annuitant terminates before the effective date of this
22 amendatory Act of 1990.
23 (k) If the Internal Revenue Code of 1986, as amended,
24 requires that the survivors benefits be payable at an age
25 earlier than that specified in this Section the benefits
26 shall begin at the earlier age, in which event, the
27 survivor's beneficiary shall be entitled only to that amount
28 which is equal to the actuarial equivalent of the benefits
29 provided by this Section.
30 (l) The changes made to this Section and Section 15-131
31 by this amendatory Act of 1997, relating to benefits for
32 certain unmarried children who are full-time students under
33 age 22, apply without regard to whether the deceased member
34 was in service on or after the effective date of this
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1 amendatory Act of 1997. These changes do not authorize the
2 repayment of a refund or a re-election of benefits, and any
3 benefit or increase in benefits resulting from these changes
4 is not payable retroactively for any period before the
5 effective date of this amendatory Act of 1997.
6 (Source: P.A. 90-448, eff. 8-16-97; 90-766, eff. 8-14-98.)
7 (40 ILCS 5/16-133.1) (from Ch. 108 1/2, par. 16-133.1)
8 Sec. 16-133.1. Automatic annual increase in annuity.
9 (a) Each member with creditable service and retiring on
10 or after August 26, 1969 is entitled to the automatic annual
11 increases in annuity provided under this Section while
12 receiving a retirement annuity or disability retirement
13 annuity from the system.
14 An annuitant shall first be entitled to an initial
15 increase under this Section on the January 1 next following
16 the first anniversary of retirement, or January 1 of the year
17 next following attainment of age 61, whichever is later. At
18 such time, the system shall pay an initial increase
19 determined as follows: 1.5% of the originally granted
20 retirement annuity or disability retirement annuity
21 multiplied by the number of years elapsed from the later of
22 (1) attainment of age 55, or (2) the date of retirement,
23 until January 1, 1972, plus 2% of the originally granted
24 annuity multiplied by the number of years elapsed between
25 January 1, 1972 and January 1, 1978, plus 3% of the
26 originally granted annuity multiplied by the number of years
27 elapsed between January 1, 1978 and the effective date of the
28 initial increase. However, the initial annual increase
29 calculated under this Section for the recipient of a
30 disability retirement annuity granted under Section 16-149.2
31 shall be reduced by an amount equal to the total of all
32 increases in that annuity received under Section 16-149.5
33 (but not exceeding 100% of the amount of the initial increase
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1 otherwise provided under this Section).
2 Following the initial increase, automatic annual
3 increases in annuity shall be payable on each January 1
4 thereafter during the lifetime of the annuitant, determined
5 as a percentage of the originally granted retirement annuity
6 or disability retirement annuity for increases granted prior
7 to January 1, 1990, and calculated as a percentage of the
8 total amount of annuity, including previous increases under
9 this Section, for increases granted on or after January 1,
10 1990, as follows: 1.5% for periods prior to January 1, 1972,
11 2% for periods after December 31, 1971 and prior to January
12 1, 1978, and 3% for periods after December 31, 1977.
13 (b) The automatic annual increases in annuity provided
14 under this Section shall not be applicable unless a member
15 has made contributions toward such increases for a period
16 equivalent to one full year of creditable service. If a
17 member contributes for service performed after August 26,
18 1969 but the member becomes an annuitant before such
19 contributions amount to one full year's contributions based
20 on the salary at the date of retirement, he or she may pay
21 the necessary balance of the contributions to the system and
22 be eligible for the automatic annual increases in annuity
23 provided under this Section.
24 (c) Each member shall make contributions toward the cost
25 of the automatic annual increases in annuity as provided
26 under Section 16-152.
27 (d) An annuitant receiving a retirement annuity or
28 disability retirement annuity on July 1, 1969, who
29 subsequently re-enters service as a teacher is eligible for
30 the automatic annual increases in annuity provided under this
31 Section if he or she renders at least one year of creditable
32 service following the latest re-entry.
33 (e) In addition to the automatic annual increases in
34 annuity provided under this Section, an annuitant who meets
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1 the service requirements of this Section and whose retirement
2 annuity or disability retirement annuity began on or before
3 January 1, 1971 shall receive, on January 1, 1981, an
4 increase in the annuity then being paid of one dollar per
5 month for each year of creditable service. On January 1,
6 1982, an annuitant whose retirement annuity or disability
7 retirement annuity began on or before January 1, 1977 shall
8 receive an increase in the annuity then being paid of one
9 dollar per month for each year of creditable service.
10 On January 1, 1987, any annuitant whose retirement
11 annuity began on or before January 1, 1977, shall receive an
12 increase in the monthly retirement annuity equal to 8¢ per
13 year of creditable service times the number of years that
14 have elapsed since the annuity began.
15 (f) On January 1, 2000, every annuitant who began
16 receiving a retirement annuity on or before January 1, 1993
17 shall have the monthly retirement annuity increased by an
18 amount equal to 25¢ multiplied by the number of full years of
19 creditable service multiplied by the number of full years
20 that have elapsed since the annuity began. Every annuitant
21 who begins receiving a retirement annuity after January 1,
22 1993 and before January 1, 2000 shall have the monthly
23 retirement annuity increased on the January 1 occurring on or
24 next following the seventh anniversary of retirement by an
25 amount equal to $1.75 multiplied by the number of full years
26 of creditable service upon which the retirement annuity is
27 based. The increase under this subsection shall be included
28 in the calculation of increases granted simultaneously or
29 thereafter under subsection (a).
30 (Source: P.A. 86-273; 86-1488.)
31 (40 ILCS 5/16-143.1) (from Ch. 108 1/2, par. 16-143.1)
32 Sec. 16-143.1. Increase in survivor benefits.
33 (a) Beginning January 1, 1990, each survivor's benefit
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1 and each reversionary annuity payable under Section 16-136
2 shall be increased by 3% of the currently payable amount
3 thereof (1) on each January 1 occurring on or after the
4 commencement of the annuity if the deceased teacher died
5 while receiving a retirement or disability retirement
6 annuity, or (2) in other cases, on each January 1 occurring
7 on or after the first anniversary of the granting of the
8 benefit, without regard to whether the deceased teacher was
9 in service on or after the effective date of this amendatory
10 Act of 1991, but such increases shall not accrue for any
11 period prior to January 1, 1990.
12 (b) On January 1, 1981, any beneficiary who was
13 receiving a survivor's monthly benefit on or before January
14 1, 1971, shall have the benefit then being paid increased by
15 1% for each full year elapsed from the date the survivor's
16 benefit began. On January 1, 1982, any beneficiary who began
17 receiving a survivor's monthly benefit after January 1, 1971,
18 but before January 1, 1981 shall have the benefit then being
19 paid increased by 1% for each year elapsed from the date the
20 survivor's benefit began.
21 On January 1, 1987, any beneficiary whose monthly
22 survivor's benefit began on or before January 1, 1977, shall
23 have the monthly survivor's benefit increased by $1 for each
24 full year which has elapsed since the date the survivor's
25 benefit began.
26 (c) On January 1, 2000, every survivor who began
27 receiving a survivor's benefit on or before January 1, 1993
28 shall have the monthly survivor's benefit increased by an
29 amount equal to 25¢ multiplied by the number of full years of
30 the deceased's creditable service multiplied by the sum of
31 (i) the number of full years that have elapsed since the
32 survivor's benefit began and (ii) the number of full years,
33 if any, during which the deceased received a retirement
34 annuity under this Article. Every survivor who begins
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1 receiving a survivor's benefit after January 1, 1993 and
2 before January 1, 2000 shall have the monthly survivor's
3 benefit increased on the January 1 occurring on or next
4 following the seventh anniversary of the commencement of the
5 survivor's benefit by an amount equal to 25¢ multiplied by
6 the number of full years of the deceased's creditable service
7 multiplied by the sum of (i) the number of full years that
8 have elapsed since the survivor's benefit began and (ii) the
9 number of full years, if any, during which the deceased
10 received a retirement annuity under this Article. The
11 increase under this subsection shall be included in the
12 calculation of increases granted simultaneously or thereafter
13 under subsection (a).
14 (Source: P.A. 86-273; 86-1488.)
15 (40 ILCS 5/17-119) (from Ch. 108 1/2, par. 17-119)
16 Sec. 17-119. Automatic annual increase in pension.
17 (a) Each teacher retiring on or after September 1, 1959,
18 is entitled to the annual increase in pension, defined
19 herein, while he is receiving a pension from the Fund.
20 1. The term "base pension" means a service
21 retirement or disability retirement pension in the amount
22 fixed and payable at the date of retirement of a teacher.
23 2. The annual increase in pension shall be at the
24 rate of 1 1/2% of base pension. This increase shall first
25 occur in January of the year next following the first
26 anniversary of retirement. At such time the Fund shall
27 pay the pro rata part of the increase for the period from
28 the first anniversary date to the date of the first
29 increase in pension. Beginning January 1, 1972, the rate
30 of annual increase in pension shall be 2% of the base
31 pension. Beginning January 1, 1979, the rate of annual
32 increase in pension shall be 3% of the base pension.
33 Beginning January 1, 1990, all automatic annual increases
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1 payable under this Section shall be calculated as a
2 percentage of the total pension payable at the time of
3 the increase, including all increases previously granted
4 under this Article, notwithstanding Section 17-157.
5 3. An increase in pension shall be granted only if
6 the retired teacher is age 60 or over. If the teacher
7 attains age 60 after retirement, the increase in pension
8 shall begin in January of the year following the 61st
9 birthday. At such time the Fund also shall pay the pro
10 rata part of the increase from the 61st birthday to the
11 date of first increase in pension.
12 (b) In addition to other increases which may be provided
13 by this Section, on January 1, 1981 any teacher who was
14 receiving a retirement pension on or before January 1, 1971
15 shall have his retirement pension then being paid increased
16 $1 per month for each year of creditable service. On January
17 1, 1982, any teacher whose retirement pension began on or
18 before January 1, 1977, shall have his retirement pension
19 then being paid increased $1 per month for each year of
20 creditable service.
21 On January 1, 1987, any teacher whose retirement pension
22 began on or before January 1, 1977, shall have the monthly
23 retirement pension increased by an amount equal to 8¢ per
24 year of creditable service times the number of years that
25 have elapsed since the retirement pension began.
26 (c) On January 1, 2000, every pensioner who began
27 receiving a retirement pension on or before January 1, 1993
28 shall have the monthly retirement pension increased by an
29 amount equal to 25¢ multiplied by the number of full years of
30 creditable service multiplied by the number of full years
31 that have elapsed since the pension began. Every pensioner
32 who begins receiving a retirement pension after January 1,
33 1993 and before January 1, 2000 shall have the monthly
34 retirement pension increased on the January 1 occurring on or
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1 next following the seventh anniversary of retirement by an
2 amount equal to $1.75 multiplied by the number of full years
3 of creditable service upon which the retirement pension is
4 based. The increase under this subsection shall be included
5 in the calculation of increases granted simultaneously or
6 thereafter under subsection (a). Section 17-157 does not
7 apply to the increase provided under this subsection.
8 (Source: P.A. 90-566, eff. 1-2-98.)
9 (40 ILCS 5/17-122) (from Ch. 108 1/2, par. 17-122)
10 Sec. 17-122. Survivor's and children's pensions - Amount.
11 (a) Upon the death of a teacher who has completed at
12 least 1 1/2 years of contributing service with either this
13 Fund or the State Universities Retirement System or the
14 Teachers' Retirement System of the State of Illinois,
15 provided his death occurred while (a) in active service
16 covered by the Fund or during his first 18 months of
17 continuous employment without a break in service under any
18 other participating system as defined in the Illinois
19 Retirement Systems Reciprocal Act except the State
20 Universities Retirement System and the Teachers' Retirement
21 System of the State of Illinois, (b) on a creditable leave of
22 absence, (c) on a noncreditable leave of absence of no more
23 than one year, or (d) a pension was deferred or pending
24 provided the teacher had at least 10 years of validated
25 service credit, or upon the death of a pensioner otherwise
26 qualified for such benefit, the surviving spouse and
27 unmarried minor children of the deceased teacher under age 18
28 shall be entitled to pensions, under the conditions stated
29 hereinafter. Such survivor's and children's pensions shall
30 be based on the average of the 4 highest consecutive years of
31 salary in the last 10 years of service or on the average
32 salary for total service, if total service has been less than
33 4 years, according to the following percentages:
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1 30% of average salary or 50% of the retirement
2 pension earned by the teacher, whichever is larger,
3 subject to the prescribed maximum monthly payment, for a
4 surviving spouse alone on attainment of age 50;
5 60% of average salary for a surviving spouse and
6 eligible minor children of the deceased teacher.
7 If no eligible spouse survives, or the surviving spouse
8 remarries, or the parent of the children of the deceased
9 member is otherwise ineligible for a survivor's pension, a
10 children's pension for eligible minor children under age 18
11 shall be paid to their parent or legal guardian for their
12 benefit according to the following percentages:
13 30% of average salary for one child;
14 60% of average salary for 2 or more children.
15 (b) On January 1, 1981, any survivor or child who was
16 receiving a survivor's or children's pension on or before
17 January 1, 1971, shall have his survivor's or children's
18 pension then being paid increased by 1% for each full year
19 which has elapsed from the date the pension began. On
20 January 1, 1982, any survivor or child whose pension began
21 after January 1, 1971, but before January 1, 1981, shall have
22 his survivor's or children's pension then being paid
23 increased 1% for each full year which has elapsed from the
24 date the pension began. On January 1, 1987, any survivor or
25 child whose pension began on or before January 1, 1977, shall
26 have the monthly survivor's or children's pension increased
27 by $1 for each full year which has elapsed since the pension
28 began.
29 (c) On January 1, 2000, every survivor or child who
30 began receiving a survivor's or children's pension on or
31 before January 1, 1993 shall have the monthly pension
32 increased by an amount equal to 25¢ multiplied by the number
33 of full years of the deceased's creditable service multiplied
34 by the sum of (i) the number of full years that have elapsed
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1 since the survivor's or children's pension began and (ii) the
2 number of full years, if any, during which the deceased
3 received a retirement pension under this Article. Every
4 survivor or child who begins receiving a survivor's or
5 children's pension after January 1, 1993 and before January
6 1, 2000 shall have the monthly pension increased on on the
7 January 1 occurring on or next following the seventh
8 anniversary of the commencement of the pension by an amount
9 equal to 25¢ multiplied by the number of full years of the
10 deceased's creditable service multiplied by the sum of (i)
11 the number of full years that have elapsed since the
12 survivor's annuity began and (ii) the number of full years,
13 if any, during which the deceased received a retirement
14 pension under this Article. The increase under this
15 subsection shall be included in the calculation of increases
16 granted simultaneously or thereafter under subsection (d).
17 Section 17-157 does not apply to the increase provided under
18 this subsection.
19 (d) Beginning January 1, 1990, every survivor's and
20 children's pension shall be increased (1) on each January 1
21 occurring on or after the commencement of the pension if the
22 deceased teacher died while receiving a retirement pension,
23 or (2) in other cases, on each January 1 occurring on or
24 after the first anniversary of the commencement of the
25 pension, by an amount equal to 3% of the current amount of
26 the pension, including all increases previously granted under
27 this Article, notwithstanding Section 17-157. Such increases
28 shall apply without regard to whether the deceased teacher
29 was in service on or after the effective date of this
30 amendatory Act of 1991, but shall not accrue for any period
31 prior to January 1, 1990.
32 (e) Subject to the minimum established below, the
33 maximum amount of pension for a surviving spouse alone or one
34 minor child shall be $400 per month, and the maximum combined
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1 pensions for a surviving spouse and children of the deceased
2 teacher shall be $600 per month, with individual pensions
3 adjusted for all beneficiaries pro rata to conform with this
4 limitation. If proration is unnecessary the minimum
5 survivor's and children's pensions shall be $40 per month.
6 The minimum total survivor's and children's pension payable
7 upon the death of a contributor or annuitant which occurs
8 after December 31, 1986, shall be 50% of the earned
9 retirement pension of such contributor or annuitant,
10 calculated without early retirement discount in the case of
11 death in service.
12 On death after retirement, the total survivor's and
13 children's pensions shall not exceed the monthly retirement
14 or disability pension paid to the deceased retirant.
15 Survivor's and children's benefits described in this Section
16 shall apply to all service and disability pensioners eligible
17 for a pension as of July 1, 1981.
18 (Source: P.A. 90-32, eff. 6-27-97; 90-566, eff. 1-2-98.)
19 Section 90. The State Mandates Act is amended by adding
20 Section 8.23 as follows:
21 (30 ILCS 805/8.23 new)
22 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
23 and 8 of this Act, no reimbursement by the State is required
24 for the implementation of any mandate created by this
25 amendatory Act of the 91st General Assembly.
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.