96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4015

 

Introduced 2/26/2009, by Rep. Kevin A. McCarthy

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/14-110   from Ch. 108 1/2, par. 14-110
40 ILCS 5/14-152.1

    Amends the State Employees Article of the Illinois Pension Code. Provides that a person employed by the Illinois State Toll Highway Authority in the position of carpenter shop manager or carpenter shop supervisor on the effective date of the amendatory Act who has creditable service established in the position of structural H-4, structural H-6, painter H-4, or painter H-6 on or before that effective date shall have service in a position of structural H-4, structural H-6, painter H-4, or painter H-6 converted to alternative formula service credit upon the member submitting written application with the System. Exempts the change from the provisions concerning new benefit increases. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning public employee benefits.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Pension Code is amended by changing
5 Sections 14-110 and 14-152.1 as follows:
 
6     (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
7     Sec. 14-110. Alternative retirement annuity.
8     (a) Any member who has withdrawn from service with not less
9 than 20 years of eligible creditable service and has attained
10 age 55, and any member who has withdrawn from service with not
11 less than 25 years of eligible creditable service and has
12 attained age 50, regardless of whether the attainment of either
13 of the specified ages occurs while the member is still in
14 service, shall be entitled to receive at the option of the
15 member, in lieu of the regular or minimum retirement annuity, a
16 retirement annuity computed as follows:
17         (i) for periods of service as a noncovered employee: if
18     retirement occurs on or after January 1, 2001, 3% of final
19     average compensation for each year of creditable service;
20     if retirement occurs before January 1, 2001, 2 1/4% of
21     final average compensation for each of the first 10 years
22     of creditable service, 2 1/2% for each year above 10 years
23     to and including 20 years of creditable service, and 2 3/4%

 

 

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1     for each year of creditable service above 20 years; and
2         (ii) for periods of eligible creditable service as a
3     covered employee: if retirement occurs on or after January
4     1, 2001, 2.5% of final average compensation for each year
5     of creditable service; if retirement occurs before January
6     1, 2001, 1.67% of final average compensation for each of
7     the first 10 years of such service, 1.90% for each of the
8     next 10 years of such service, 2.10% for each year of such
9     service in excess of 20 but not exceeding 30, and 2.30% for
10     each year in excess of 30.
11     Such annuity shall be subject to a maximum of 75% of final
12 average compensation if retirement occurs before January 1,
13 2001 or to a maximum of 80% of final average compensation if
14 retirement occurs on or after January 1, 2001.
15     These rates shall not be applicable to any service
16 performed by a member as a covered employee which is not
17 eligible creditable service. Service as a covered employee
18 which is not eligible creditable service shall be subject to
19 the rates and provisions of Section 14-108.
20     (b) For the purpose of this Section, "eligible creditable
21 service" means creditable service resulting from service in one
22 or more of the following positions:
23         (1) State policeman;
24         (2) fire fighter in the fire protection service of a
25     department;
26         (3) air pilot;

 

 

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1         (4) special agent;
2         (5) investigator for the Secretary of State;
3         (6) conservation police officer;
4         (7) investigator for the Department of Revenue;
5         (8) security employee of the Department of Human
6     Services;
7         (9) Central Management Services security police
8     officer;
9         (10) security employee of the Department of
10     Corrections or the Department of Juvenile Justice;
11         (11) dangerous drugs investigator;
12         (12) investigator for the Department of State Police;
13         (13) investigator for the Office of the Attorney
14     General;
15         (14) controlled substance inspector;
16         (15) investigator for the Office of the State's
17     Attorneys Appellate Prosecutor;
18         (16) Commerce Commission police officer;
19         (17) arson investigator;
20         (18) State highway maintenance worker.
21     A person employed in one of the positions specified in this
22 subsection is entitled to eligible creditable service for
23 service credit earned under this Article while undergoing the
24 basic police training course approved by the Illinois Law
25 Enforcement Training Standards Board, if completion of that
26 training is required of persons serving in that position. For

 

 

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1 the purposes of this Code, service during the required basic
2 police training course shall be deemed performance of the
3 duties of the specified position, even though the person is not
4 a sworn peace officer at the time of the training.
5     (c) For the purposes of this Section:
6         (1) The term "state policeman" includes any title or
7     position in the Department of State Police that is held by
8     an individual employed under the State Police Act.
9         (2) The term "fire fighter in the fire protection
10     service of a department" includes all officers in such fire
11     protection service including fire chiefs and assistant
12     fire chiefs.
13         (3) The term "air pilot" includes any employee whose
14     official job description on file in the Department of
15     Central Management Services, or in the department by which
16     he is employed if that department is not covered by the
17     Personnel Code, states that his principal duty is the
18     operation of aircraft, and who possesses a pilot's license;
19     however, the change in this definition made by this
20     amendatory Act of 1983 shall not operate to exclude any
21     noncovered employee who was an "air pilot" for the purposes
22     of this Section on January 1, 1984.
23         (4) The term "special agent" means any person who by
24     reason of employment by the Division of Narcotic Control,
25     the Bureau of Investigation or, after July 1, 1977, the
26     Division of Criminal Investigation, the Division of

 

 

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1     Internal Investigation, the Division of Operations, or any
2     other Division or organizational entity in the Department
3     of State Police is vested by law with duties to maintain
4     public order, investigate violations of the criminal law of
5     this State, enforce the laws of this State, make arrests
6     and recover property. The term "special agent" includes any
7     title or position in the Department of State Police that is
8     held by an individual employed under the State Police Act.
9         (5) The term "investigator for the Secretary of State"
10     means any person employed by the Office of the Secretary of
11     State and vested with such investigative duties as render
12     him ineligible for coverage under the Social Security Act
13     by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
14     218(l)(1) of that Act.
15         A person who became employed as an investigator for the
16     Secretary of State between January 1, 1967 and December 31,
17     1975, and who has served as such until attainment of age
18     60, either continuously or with a single break in service
19     of not more than 3 years duration, which break terminated
20     before January 1, 1976, shall be entitled to have his
21     retirement annuity calculated in accordance with
22     subsection (a), notwithstanding that he has less than 20
23     years of credit for such service.
24         (6) The term "Conservation Police Officer" means any
25     person employed by the Division of Law Enforcement of the
26     Department of Natural Resources and vested with such law

 

 

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1     enforcement duties as render him ineligible for coverage
2     under the Social Security Act by reason of Sections
3     218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
4     term "Conservation Police Officer" includes the positions
5     of Chief Conservation Police Administrator and Assistant
6     Conservation Police Administrator.
7         (7) The term "investigator for the Department of
8     Revenue" means any person employed by the Department of
9     Revenue and vested with such investigative duties as render
10     him ineligible for coverage under the Social Security Act
11     by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
12     218(l)(1) of that Act.
13         (8) The term "security employee of the Department of
14     Human Services" means any person employed by the Department
15     of Human Services who (i) is employed at the Chester Mental
16     Health Center and has daily contact with the residents
17     thereof, (ii) is employed within a security unit at a
18     facility operated by the Department and has daily contact
19     with the residents of the security unit, (iii) is employed
20     at a facility operated by the Department that includes a
21     security unit and is regularly scheduled to work at least
22     50% of his or her working hours within that security unit,
23     or (iv) is a mental health police officer. "Mental health
24     police officer" means any person employed by the Department
25     of Human Services in a position pertaining to the
26     Department's mental health and developmental disabilities

 

 

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1     functions who is vested with such law enforcement duties as
2     render the person ineligible for coverage under the Social
3     Security Act by reason of Sections 218(d)(5)(A),
4     218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
5     means that portion of a facility that is devoted to the
6     care, containment, and treatment of persons committed to
7     the Department of Human Services as sexually violent
8     persons, persons unfit to stand trial, or persons not
9     guilty by reason of insanity. With respect to past
10     employment, references to the Department of Human Services
11     include its predecessor, the Department of Mental Health
12     and Developmental Disabilities.
13         The changes made to this subdivision (c)(8) by Public
14     Act 92-14 apply to persons who retire on or after January
15     1, 2001, notwithstanding Section 1-103.1.
16         (9) "Central Management Services security police
17     officer" means any person employed by the Department of
18     Central Management Services who is vested with such law
19     enforcement duties as render him ineligible for coverage
20     under the Social Security Act by reason of Sections
21     218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
22         (10) For a member who first became an employee under
23     this Article before July 1, 2005, the term "security
24     employee of the Department of Corrections or the Department
25     of Juvenile Justice" means any employee of the Department
26     of Corrections or the Department of Juvenile Justice or the

 

 

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1     former Department of Personnel, and any member or employee
2     of the Prisoner Review Board, who has daily contact with
3     inmates or youth by working within a correctional facility
4     or Juvenile facility operated by the Department of Juvenile
5     Justice or who is a parole officer or an employee who has
6     direct contact with committed persons in the performance of
7     his or her job duties. For a member who first becomes an
8     employee under this Article on or after July 1, 2005, the
9     term means an employee of the Department of Corrections or
10     the Department of Juvenile Justice who is any of the
11     following: (i) officially headquartered at a correctional
12     facility or Juvenile facility operated by the Department of
13     Juvenile Justice, (ii) a parole officer, (iii) a member of
14     the apprehension unit, (iv) a member of the intelligence
15     unit, (v) a member of the sort team, or (vi) an
16     investigator.
17         (11) The term "dangerous drugs investigator" means any
18     person who is employed as such by the Department of Human
19     Services.
20         (12) The term "investigator for the Department of State
21     Police" means a person employed by the Department of State
22     Police who is vested under Section 4 of the Narcotic
23     Control Division Abolition Act with such law enforcement
24     powers as render him ineligible for coverage under the
25     Social Security Act by reason of Sections 218(d)(5)(A),
26     218(d)(8)(D) and 218(l)(1) of that Act.

 

 

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1         (13) "Investigator for the Office of the Attorney
2     General" means any person who is employed as such by the
3     Office of the Attorney General and is vested with such
4     investigative 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. For
7     the period before January 1, 1989, the term includes all
8     persons who were employed as investigators by the Office of
9     the Attorney General, without regard to social security
10     status.
11         (14) "Controlled substance inspector" means any person
12     who is employed as such by the Department of Professional
13     Regulation and is vested with such law enforcement duties
14     as render him ineligible for coverage under the Social
15     Security Act by reason of Sections 218(d)(5)(A),
16     218(d)(8)(D) and 218(l)(1) of that Act. The term
17     "controlled substance inspector" includes the Program
18     Executive of Enforcement and the Assistant Program
19     Executive of Enforcement.
20         (15) The term "investigator for the Office of the
21     State's Attorneys Appellate Prosecutor" means a person
22     employed in that capacity on a full time basis under the
23     authority of Section 7.06 of the State's Attorneys
24     Appellate Prosecutor's Act.
25         (16) "Commerce Commission police officer" means any
26     person employed by the Illinois Commerce Commission who is

 

 

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1     vested with such law enforcement duties as render him
2     ineligible for coverage under the Social Security Act by
3     reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
4     218(l)(1) of that Act.
5         (17) "Arson investigator" means any person who is
6     employed as such by the Office of the State Fire Marshal
7     and is vested with such law enforcement duties as render
8     the person ineligible for coverage under the Social
9     Security Act by reason of Sections 218(d)(5)(A),
10     218(d)(8)(D), and 218(l)(1) of that Act. A person who was
11     employed as an arson investigator on January 1, 1995 and is
12     no longer in service but not yet receiving a retirement
13     annuity may convert his or her creditable service for
14     employment as an arson investigator into eligible
15     creditable service by paying to the System the difference
16     between the employee contributions actually paid for that
17     service and the amounts that would have been contributed if
18     the applicant were contributing at the rate applicable to
19     persons with the same social security status earning
20     eligible creditable service on the date of application.
21         (18) The term "State highway maintenance worker" means
22     a person who is either of the following:
23             (i) A person employed on a full-time basis by the
24         Illinois Department of Transportation in the position
25         of highway maintainer, highway maintenance lead
26         worker, highway maintenance lead/lead worker, heavy

 

 

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1         construction equipment operator, power shovel
2         operator, or bridge mechanic; and whose principal
3         responsibility is to perform, on the roadway, the
4         actual maintenance necessary to keep the highways that
5         form a part of the State highway system in serviceable
6         condition for vehicular traffic.
7             (ii) A person employed on a full-time basis by the
8         Illinois State Toll Highway Authority in the position
9         of equipment operator/laborer H-4, equipment
10         operator/laborer H-6, welder H-4, welder H-6,
11         mechanical/electrical H-4, mechanical/electrical H-6,
12         water/sewer H-4, water/sewer H-6, sign maker/hanger
13         H-4, sign maker/hanger H-6, roadway lighting H-4,
14         roadway lighting H-6, structural H-4, structural H-6,
15         painter H-4, or painter H-6; and whose principal
16         responsibility is to perform, on the roadway, the
17         actual maintenance necessary to keep the Authority's
18         tollways in serviceable condition for vehicular
19         traffic.
20         A person employed by the Illinois State Toll Highway
21     Authority in the position of carpenter shop manager or
22     carpenter shop supervisor on the effective date of this
23     amendatory Act of the 96th General Assembly who has
24     creditable service established in the position of
25     structural H-4, structural H-6, painter H-4, or painter H-6
26     on or before that effective date shall have service in a

 

 

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1     position of structural H-4, structural H-6, painter H-4, or
2     painter H-6 converted to alternative formula service
3     credit upon the member submitting written application with
4     the System.
5     (d) A security employee of the Department of Corrections or
6 the Department of Juvenile Justice, and a security employee of
7 the Department of Human Services who is not a mental health
8 police officer, shall not be eligible for the alternative
9 retirement annuity provided by this Section unless he or she
10 meets the following minimum age and service requirements at the
11 time of retirement:
12         (i) 25 years of eligible creditable service and age 55;
13     or
14         (ii) beginning January 1, 1987, 25 years of eligible
15     creditable service and age 54, or 24 years of eligible
16     creditable service and age 55; or
17         (iii) beginning January 1, 1988, 25 years of eligible
18     creditable service and age 53, or 23 years of eligible
19     creditable service and age 55; or
20         (iv) beginning January 1, 1989, 25 years of eligible
21     creditable service and age 52, or 22 years of eligible
22     creditable service and age 55; or
23         (v) beginning January 1, 1990, 25 years of eligible
24     creditable service and age 51, or 21 years of eligible
25     creditable service and age 55; or
26         (vi) beginning January 1, 1991, 25 years of eligible

 

 

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1     creditable service and age 50, or 20 years of eligible
2     creditable service and age 55.
3     Persons who have service credit under Article 16 of this
4 Code for service as a security employee of the Department of
5 Corrections or the Department of Juvenile Justice, or the
6 Department of Human Services in a position requiring
7 certification as a teacher may count such service toward
8 establishing their eligibility under the service requirements
9 of this Section; but such service may be used only for
10 establishing such eligibility, and not for the purpose of
11 increasing or calculating any benefit.
12     (e) If a member enters military service while working in a
13 position in which eligible creditable service may be earned,
14 and returns to State service in the same or another such
15 position, and fulfills in all other respects the conditions
16 prescribed in this Article for credit for military service,
17 such military service shall be credited as eligible creditable
18 service for the purposes of the retirement annuity prescribed
19 in this Section.
20     (f) For purposes of calculating retirement annuities under
21 this Section, periods of service rendered after December 31,
22 1968 and before October 1, 1975 as a covered employee in the
23 position of special agent, conservation police officer, mental
24 health police officer, or investigator for the Secretary of
25 State, shall be deemed to have been service as a noncovered
26 employee, provided that the employee pays to the System prior

 

 

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1 to retirement an amount equal to (1) the difference between the
2 employee contributions that would have been required for such
3 service as a noncovered employee, and the amount of employee
4 contributions actually paid, plus (2) if payment is made after
5 July 31, 1987, regular interest on the amount specified in item
6 (1) from the date of service to the date of payment.
7     For purposes of calculating retirement annuities under
8 this Section, periods of service rendered after December 31,
9 1968 and before January 1, 1982 as a covered employee in the
10 position of investigator for the Department of Revenue shall be
11 deemed to have been service as a noncovered employee, provided
12 that the employee pays to the System prior to retirement an
13 amount equal to (1) the difference between the employee
14 contributions that would have been required for such service as
15 a noncovered employee, and the amount of employee contributions
16 actually paid, plus (2) if payment is made after January 1,
17 1990, regular interest on the amount specified in item (1) from
18 the date of service to the date of payment.
19     (g) A State policeman may elect, not later than January 1,
20 1990, to establish eligible creditable service for up to 10
21 years of his service as a policeman under Article 3, by filing
22 a written election with the Board, accompanied by payment of an
23 amount to be determined by the Board, equal to (i) the
24 difference between the amount of employee and employer
25 contributions transferred to the System under Section 3-110.5,
26 and the amounts that would have been contributed had such

 

 

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1 contributions been made at the rates applicable to State
2 policemen, plus (ii) interest thereon at the effective rate for
3 each year, compounded annually, from the date of service to the
4 date of payment.
5     Subject to the limitation in subsection (i), a State
6 policeman may elect, not later than July 1, 1993, to establish
7 eligible creditable service for up to 10 years of his service
8 as a member of the County Police Department under Article 9, by
9 filing a written election with the Board, accompanied by
10 payment of an amount to be determined by the Board, equal to
11 (i) the difference between the amount of employee and employer
12 contributions transferred to the System under Section 9-121.10
13 and the amounts that would have been contributed had those
14 contributions been made at the rates applicable to State
15 policemen, plus (ii) interest thereon at the effective rate for
16 each year, compounded annually, from the date of service to the
17 date of payment.
18     (h) Subject to the limitation in subsection (i), a State
19 policeman or investigator for the Secretary of State may elect
20 to establish eligible creditable service for up to 12 years of
21 his service as a policeman under Article 5, by filing a written
22 election with the Board on or before January 31, 1992, and
23 paying to the System by January 31, 1994 an amount to be
24 determined by the Board, equal to (i) the difference between
25 the amount of employee and employer contributions transferred
26 to the System under Section 5-236, and the amounts that would

 

 

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1 have been contributed had such contributions been made at the
2 rates applicable to State policemen, plus (ii) interest thereon
3 at the effective rate for each year, compounded annually, from
4 the date of service to the date of payment.
5     Subject to the limitation in subsection (i), a State
6 policeman, conservation police officer, or investigator for
7 the Secretary of State may elect to establish eligible
8 creditable service for up to 10 years of service as a sheriff's
9 law enforcement employee under Article 7, by filing a written
10 election with the Board on or before January 31, 1993, and
11 paying to the System by January 31, 1994 an amount to be
12 determined by the Board, equal to (i) the difference between
13 the amount of employee and employer contributions transferred
14 to the System under Section 7-139.7, and the amounts that would
15 have been contributed had such contributions been made at the
16 rates applicable to State policemen, plus (ii) interest thereon
17 at the effective rate for each year, compounded annually, from
18 the date of service to the date of payment.
19     Subject to the limitation in subsection (i), a State
20 policeman, conservation police officer, or investigator for
21 the Secretary of State may elect to establish eligible
22 creditable service for up to 5 years of service as a police
23 officer under Article 3, a policeman under Article 5, a
24 sheriff's law enforcement employee under Article 7, a member of
25 the county police department under Article 9, or a police
26 officer under Article 15 by filing a written election with the

 

 

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1 Board and paying to the System an amount to be determined by
2 the Board, equal to (i) the difference between the amount of
3 employee and employer contributions transferred to the System
4 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
5 and the amounts that would have been contributed had such
6 contributions been made at the rates applicable to State
7 policemen, plus (ii) interest thereon at the effective rate for
8 each year, compounded annually, from the date of service to the
9 date of payment.
10     (i) The total amount of eligible creditable service
11 established by any person under subsections (g), (h), (j), (k),
12 and (l) of this Section shall not exceed 12 years.
13     (j) Subject to the limitation in subsection (i), an
14 investigator for the Office of the State's Attorneys Appellate
15 Prosecutor or a controlled substance inspector may elect to
16 establish eligible creditable service for up to 10 years of his
17 service as a policeman under Article 3 or a sheriff's law
18 enforcement employee under Article 7, by filing a written
19 election with the Board, accompanied by payment of an amount to
20 be determined by the Board, equal to (1) the difference between
21 the amount of employee and employer contributions transferred
22 to the System under Section 3-110.6 or 7-139.8, and the amounts
23 that would have been contributed had such contributions been
24 made at the rates applicable to State policemen, plus (2)
25 interest thereon at the effective rate for each year,
26 compounded annually, from the date of service to the date of

 

 

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1 payment.
2     (k) Subject to the limitation in subsection (i) of this
3 Section, an alternative formula employee may elect to establish
4 eligible creditable service for periods spent as a full-time
5 law enforcement officer or full-time corrections officer
6 employed by the federal government or by a state or local
7 government located outside of Illinois, for which credit is not
8 held in any other public employee pension fund or retirement
9 system. To obtain this credit, the applicant must file a
10 written application with the Board by March 31, 1998,
11 accompanied by evidence of eligibility acceptable to the Board
12 and payment of an amount to be determined by the Board, equal
13 to (1) employee contributions for the credit being established,
14 based upon the applicant's salary on the first day as an
15 alternative formula employee after the employment for which
16 credit is being established and the rates then applicable to
17 alternative formula employees, plus (2) an amount determined by
18 the Board to be the employer's normal cost of the benefits
19 accrued for the credit being established, plus (3) regular
20 interest on the amounts in items (1) and (2) from the first day
21 as an alternative formula employee after the employment for
22 which credit is being established to the date of payment.
23     (l) Subject to the limitation in subsection (i), a security
24 employee of the Department of Corrections may elect, not later
25 than July 1, 1998, to establish eligible creditable service for
26 up to 10 years of his or her service as a policeman under

 

 

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1 Article 3, by filing a written election with the Board,
2 accompanied by payment of an amount to be determined by the
3 Board, equal to (i) the difference between the amount of
4 employee and employer contributions transferred to the System
5 under Section 3-110.5, and the amounts that would have been
6 contributed had such contributions been made at the rates
7 applicable to security employees of the Department of
8 Corrections, plus (ii) interest thereon at the effective rate
9 for each year, compounded annually, from the date of service to
10 the date of payment.
11     (m) The amendatory changes to this Section made by this
12 amendatory Act of the 94th General Assembly apply only to: (1)
13 security employees of the Department of Juvenile Justice
14 employed by the Department of Corrections before the effective
15 date of this amendatory Act of the 94th General Assembly and
16 transferred to the Department of Juvenile Justice by this
17 amendatory Act of the 94th General Assembly; and (2) persons
18 employed by the Department of Juvenile Justice on or after the
19 effective date of this amendatory Act of the 94th General
20 Assembly who are required by subsection (b) of Section 3-2.5-15
21 of the Unified Code of Corrections to have a bachelor's or
22 advanced degree from an accredited college or university with a
23 specialization in criminal justice, education, psychology,
24 social work, or a closely related social science or, in the
25 case of persons who provide vocational training, who are
26 required to have adequate knowledge in the skill for which they

 

 

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1 are providing the vocational training.
2 (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06; 95-530,
3 eff. 8-28-07.)
 
4     (40 ILCS 5/14-152.1)
5     Sec. 14-152.1. Application and expiration of new benefit
6 increases.
7     (a) As used in this Section, "new benefit increase" means
8 an increase in the amount of any benefit provided under this
9 Article, or an expansion of the conditions of eligibility for
10 any benefit under this Article, that results from an amendment
11 to this Code that takes effect after June 1, 2005 (the
12 effective date of Public Act 94-4) this amendatory Act of the
13 94th General Assembly. "New benefit increase", however, does
14 not include any benefit increase resulting from the changes
15 made to this Article by this amendatory Act of the 96th General
16 Assembly.
17     (b) Notwithstanding any other provision of this Code or any
18 subsequent amendment to this Code, every new benefit increase
19 is subject to this Section and shall be deemed to be granted
20 only in conformance with and contingent upon compliance with
21 the provisions of this Section.
22     (c) The Public Act enacting a new benefit increase must
23 identify and provide for payment to the System of additional
24 funding at least sufficient to fund the resulting annual
25 increase in cost to the System as it accrues.

 

 

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1     Every new benefit increase is contingent upon the General
2 Assembly providing the additional funding required under this
3 subsection. The Commission on Government Forecasting and
4 Accountability shall analyze whether adequate additional
5 funding has been provided for the new benefit increase and
6 shall report its analysis to the Public Pension Division of the
7 Department of Financial and Professional Regulation. A new
8 benefit increase created by a Public Act that does not include
9 the additional funding required under this subsection is null
10 and void. If the Public Pension Division determines that the
11 additional funding provided for a new benefit increase under
12 this subsection is or has become inadequate, it may so certify
13 to the Governor and the State Comptroller and, in the absence
14 of corrective action by the General Assembly, the new benefit
15 increase shall expire at the end of the fiscal year in which
16 the certification is made.
17     (d) Every new benefit increase shall expire 5 years after
18 its effective date or on such earlier date as may be specified
19 in the language enacting the new benefit increase or provided
20 under subsection (c). This does not prevent the General
21 Assembly from extending or re-creating a new benefit increase
22 by law.
23     (e) Except as otherwise provided in the language creating
24 the new benefit increase, a new benefit increase that expires
25 under this Section continues to apply to persons who applied
26 and qualified for the affected benefit while the new benefit

 

 

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1 increase was in effect and to the affected beneficiaries and
2 alternate payees of such persons, but does not apply to any
3 other person, including without limitation a person who
4 continues in service after the expiration date and did not
5 apply and qualify for the affected benefit while the new
6 benefit increase was in effect.
7 (Source: P.A. 94-4, eff. 6-1-05.)
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.