State of Illinois
91st General Assembly
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Public Act 91-0653

SB1020 Enrolled                                LRB9106091EGfg

    AN ACT to amend the Illinois  Pension  Code  by  changing
Sections 18-125 and 18-133.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The  Illinois  Pension  Code  is  amended  by
changing Sections 18-125 and 18-133 as follows:

    (40 ILCS 5/18-125) (from Ch. 108 1/2, par. 18-125)
    Sec. 18-125.  Retirement annuity amount.
    (a)  The  annual retirement annuity for a participant who
terminated service as a judge prior to July 1, 1971 shall  be
based  on  the  law  in  effect at the time of termination of
service.
    (b)  Effective July 1, 1971, the retirement  annuity  for
any  participant  in service on or after such date shall be 3
1/2% of final average salary, as defined in this Section, for
each of the first 10 years of service, and 5% of  such  final
average salary for each year of service on excess of 10.
    For  purposes of this Section, final average salary shall
be:
         (1)  the average salary for  the  last  4  years  of
    credited  service  as  a  judge  for  a  participant  who
    terminates service before July 1, 1975.
         (2)  for  a participant who terminates service after
    June 30, 1975 and before July 1, 1982, the salary on  the
    last day of employment as a judge.
         (3)  for  any  participant  who  terminates  service
    after  June  30,  1982  and  before  January 1, 1990, the
    average salary for the final year of service as a judge.
         (4)  for a participant who terminates service on  or
    after  January  1,  1990 but before the effective date of
    this amendatory Act of 1995, the salary on the  last  day
    of employment as a judge.
         (5)  for  a participant who terminates service on or
    after the effective date of this amendatory Act of  1995,
    the  salary  on the last day of employment as a judge, or
    the  highest  salary  received  by  the  participant  for
    employment  as  a  judge  in  a  position  held  by   the
    participant  for  at least 4 consecutive years, whichever
    is greater.
    However, in the case  of  a  participant  who  elects  to
discontinue  contributions  as provided in subdivision (a)(2)
of Section  18-133,  the  time  of  such  election  shall  be
considered the last day of employment in the determination of
final average salary under this subsection.
    The  maximum retirement annuity for any participant shall
be 85% of final average salary.
    (c)  The retirement annuity for a participant who retires
prior to age 60 with less than 28 years  of  service  in  the
System  shall  be  reduced  1/2 of 1% for each month that the
participant's age is under 60 years at the time  the  annuity
commences.   However,  for  a  participant  who retires on or
after the effective date of this amendatory Act of  the  91st
General  Assembly,  the  percentage  reduction  in retirement
annuity imposed under this subsection  shall  be  reduced  by
5/12  of  1%  for  every  month  of service in this System in
excess of 20 years, and therefore a participant with at least
26 years of service in this  System  may  retire  at  age  55
without any reduction in annuity.
    The  reduction  in  retirement  annuity  imposed  by this
subsection shall not apply  in  the  case  of  retirement  on
account of disability.
(Source: P.A. 89-136, eff. 7-14-95.)

    (40 ILCS 5/18-133) (from Ch. 108 1/2, par. 18-133)
    Sec. 18-133.  Financing; employee contributions.
    (a)  Effective July 1, 1967, each participant is required
to  contribute  7 1/2%  of  each payment of salary toward the
retirement annuity.  Such contributions shall continue during
the entire time the  participant  is  in  service,  with  the
following exceptions:
         (1)  Contributions  for  the  retirement annuity are
    not required on salary received after 18 years of service
    by persons who were participants before January 2, 1954.
         (2)  A participant who continues to serve as a judge
    after becoming eligible to receive the  maximum  rate  of
    annuity may elect, through a written direction filed with
    the  Board,  to  discontinue  contributing to the System.
    Any such option elected by a judge shall  be  irrevocable
    unless  prior  to January 1, 2000 July 1, 1996, and while
    continuing to serve as judge, the judge  (A)  files  with
    the   Board   a   letter   cancelling  the  direction  to
    discontinue contributing to  the  System  and  requesting
    that  such  contributing  resume,  and  (B) pays into the
    System an amount equal to the total of  the  discontinued
    contributions  plus  interest  thereon  at  5% per annum.
    Service  credits  earned  in  any  other   "participating
    system"  as  defined  in Article 20 of this Code shall be
    considered  for  purposes  of   determining   a   judge's
    eligibility   to  discontinue  contributions  under  this
    subdivision (a)(2).
         (3)  A participant who (i) has attained age 60, (ii)
    continues to serve as a judge after becoming eligible  to
    receive  the  maximum  rate of annuity, and (iii) has not
    elected to discontinue contributing to the  System  under
    subdivision  (a)(2)  of  this Section (or has revoked any
    such election) may elect,  through  a  written  direction
    filed with the Board, to make contributions to the System
    based  only  on  the  amount  of  the increases in salary
    received by the  judge  on  or  after  the  date  of  the
    election,  rather  than  the total salary received.  If a
    judge who is making contributions to the  System  on  the
    effective date of this amendatory Act of the 91st General
    Assembly  makes  an election to limit contributions under
    this  subdivision  (a)(3)  within  90  days  after   that
    effective  date,  the  election shall be deemed to become
    effective on that effective date and the judge  shall  be
    entitled  to receive a refund of any excess contributions
    paid to the System during that 90-day period;  any  other
    election  under this subdivision (a)(3) becomes effective
    on the first of the  month  following  the  date  of  the
    election.   An election to limit contributions under this
    subdivision  (a)(3)  is  irrevocable.   Service   credits
    earned  in  any  other participating system as defined in
    Article 20 of this Code shall be considered for  purposes
    of  determining a judge's eligibility to make an election
    under this subdivision (a)(3).
    (b)  Beginning July 1, 1969, each participant is required
to contribute 1%  of  each  payment  of  salary  towards  the
automatic  increase  in annuity provided in Section 18-125.1.
However,  such  contributions  need  not  be  made   by   any
participant  who has elected prior to September 15, 1969, not
to  be  subject  to  the  automatic   increase   in   annuity
provisions.
    (c)  Effective  July  13,  1953, each married participant
subject to the survivor's annuity provisions is  required  to
contribute  2 1/2%  of each payment of salary, whether or not
he or she is required to make any other  contributions  under
this  Section.  Such contributions shall be made concurrently
with the contributions made for annuity purposes.
(Source: P.A. 89-136, eff. 7-14-95.)

    Section 99. Effective date.  This Act takes  effect  upon
becoming law.

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