97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0146

 

Introduced 1/18/2011, by Rep. Jack D. Franks

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/2-108.1  from Ch. 108 1/2, par. 2-108.1
40 ILCS 5/2-126  from Ch. 108 1/2, par. 2-126
40 ILCS 5/7-116  from Ch. 108 1/2, par. 7-116
40 ILCS 5/7-173  from Ch. 108 1/2, par. 7-173
40 ILCS 5/14-103.12  from Ch. 108 1/2, par. 14-103.12
40 ILCS 5/14-133  from Ch. 108 1/2, par. 14-133
40 ILCS 5/15-112  from Ch. 108 1/2, par. 15-112
40 ILCS 5/15-157  from Ch. 108 1/2, par. 15-157
40 ILCS 5/16-133  from Ch. 108 1/2, par. 16-133
40 ILCS 5/16-152  from Ch. 108 1/2, par. 16-152
40 ILCS 5/18-125  from Ch. 108 1/2, par. 18-125
40 ILCS 5/18-133  from Ch. 108 1/2, par. 18-133

    Amends the General Assembly, Illinois Municipal Retirement Fund, State Employees, State Universities, Downstate Teachers, and Judges Articles of the Illinois Pension Code. Caps the highest salary for annuity purposes, final rate of earnings, final average compensation, and final average salary for current members, participants, and participating employees of the affected systems at $106,800, but authorizes that amount to be annually increased by the lesser of 3% or one-half of the annual percentage increase in the consumer price index-u for the 12 months ending with the September preceding each November 1. Requires employee contributions to also be based on these capped amounts. Effective July 1, 2011.


LRB097 05683 JDS 45746 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0146LRB097 05683 JDS 45746 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 2-108.1, 2-126, 7-116, 7-173, 14-103.12, 14-133,
615-112, 15-157, 16-133, 16-152, 18-125, and 18-133 as follows:
 
7    (40 ILCS 5/2-108.1)  (from Ch. 108 1/2, par. 2-108.1)
8    Sec. 2-108.1. Highest salary for annuity purposes.
9    (a) "Highest salary for annuity purposes" means whichever
10of the following is applicable to the participant:
11    For a participant who first becomes a participant of this
12System before August 10, 2009 (the effective date of Public Act
1396-207):
14        (1) For a participant who is a member of the General
15    Assembly on his or her last day of service: the highest
16    salary that is prescribed by law, on the participant's last
17    day of service, for a member of the General Assembly who is
18    not an officer; plus, if the participant was elected or
19    appointed to serve as an officer of the General Assembly
20    for 2 or more years and has made contributions as required
21    under subsection (d) of Section 2-126, the highest
22    additional amount of compensation prescribed by law, at the
23    time of the participant's service as an officer, for

 

 

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

 

 

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

 

 

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1the 12 months ending with the September preceding each November
21.
3    "Consumer price index-u" means the index published by the
4Bureau of Labor Statistics of the United States Department of
5Labor that measures the average change in prices of goods and
6services purchased by all urban consumers, United States city
7average, all items, 1982-84 = 100. The new amount resulting
8from each annual adjustment shall be determined by the Public
9Pension Division of the Department of Insurance and made
10available to the Board by November 1 of each year.
11    (b) The earnings limitations of subsection (a) apply to
12earnings under any other participating system under the
13Retirement Systems Reciprocal Act that are considered in
14calculating a proportional annuity under this Article, except
15in the case of a person who first became a member of this
16System before August 22, 1994.
17    (c) In calculating the subsection (a) earnings limitation
18to be applied to earnings under any other participating system
19under the Retirement Systems Reciprocal Act for the purpose of
20calculating a proportional annuity under this Article, the
21participant's last day of service shall be deemed to mean the
22last day of service in any participating system from which the
23person has applied for a proportional annuity under the
24Retirement Systems Reciprocal Act.
25(Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11;
2696-1490, eff. 1-1-11.)
 

 

 

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1    (40 ILCS 5/2-126)  (from Ch. 108 1/2, par. 2-126)
2    Sec. 2-126. Contributions by participants.
3    (a) Each participant shall contribute toward the cost of
4his or her retirement annuity a percentage of each payment of
5salary received by him or her for service as a member as
6follows: for service between October 31, 1947 and January 1,
71959, 5%; for service between January 1, 1959 and June 30,
81969, 6%; for service between July 1, 1969 and January 10,
91973, 6 1/2%; for service after January 10, 1973, 7%; for
10service after December 31, 1981, 8 1/2%.
11    (b) Beginning August 2, 1949, each male participant, and
12from July 1, 1971, each female participant shall contribute
13towards the cost of the survivor's annuity 2% of salary.
14    A participant who has no eligible survivor's annuity
15beneficiary may elect to cease making contributions for
16survivor's annuity under this subsection. A survivor's annuity
17shall not be payable upon the death of a person who has made
18this election, unless prior to that death the election has been
19revoked and the amount of the contributions that would have
20been paid under this subsection in the absence of the election
21is paid to the System, together with interest at the rate of 4%
22per year from the date the contributions would have been made
23to the date of payment.
24    (c) Beginning July 1, 1967, each participant shall
25contribute 1% of salary towards the cost of automatic increase

 

 

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1in annuity provided in Section 2-119.1. These contributions
2shall be made concurrently with contributions for retirement
3annuity purposes.
4    (d) In addition, each participant serving as an officer of
5the General Assembly shall contribute, for the same purposes
6and at the same rates as are required of a regular participant,
7on each additional payment received as an officer. If the
8participant serves as an officer for at least 2 but less than 4
9years, he or she shall contribute an amount equal to the amount
10that would have been contributed had the participant served as
11an officer for 4 years. Persons who serve as officers in the
1287th General Assembly but cannot receive the additional payment
13to officers because of the ban on increases in salary during
14their terms may nonetheless make contributions based on those
15additional payments for the purpose of having the additional
16payments included in their highest salary for annuity purposes;
17however, persons electing to make these additional
18contributions must also pay an amount representing the
19corresponding employer contributions, as calculated by the
20System.
21    (e) Notwithstanding any other provision of this Article,
22the required contribution of a participant who first becomes a
23participant on or after January 1, 2011 or who is a participant
24on the effective date of this amendatory Act of the 97th
25General Assembly shall not exceed the contribution that would
26be due under this Article if that participant's highest salary

 

 

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1for annuity purposes were $106,800, plus any increases in that
2amount under Section 2-108.1.
3(Source: P.A. 96-1490, eff. 1-1-11.)
 
4    (40 ILCS 5/7-116)  (from Ch. 108 1/2, par. 7-116)
5    Sec. 7-116. "Final rate of earnings":
6    (a) For retirement and survivor annuities, the monthly
7earnings obtained by dividing the total earnings received by
8the employee during the period of either (1) the 48 consecutive
9months of service within the last 120 months of service in
10which his total earnings were the highest or (2) the employee's
11total period of service, by the number of months of service in
12such period.
13    (b) For death benefits, the higher of the rate determined
14under paragraph (a) of this Section or total earnings received
15in the last 12 months of service divided by twelve. If the
16deceased employee has less than 12 months of service, the
17monthly final rate shall be the monthly rate of pay the
18employee was receiving when he began service.
19    (c) For disability benefits, the total earnings of a
20participating employee in the last 12 calendar months of
21service prior to the date he becomes disabled divided by 12.
22    (d) In computing the final rate of earnings: (1) the
23earnings rate for all periods of prior service shall be
24considered equal to the average earnings rate for the last 3
25calendar years of prior service for which creditable service is

 

 

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1received under Section 7-139 or, if there is less than 3 years
2of creditable prior service, the average for the total prior
3service period for which creditable service is received under
4Section 7-139; (2) for out of state service and authorized
5leave, the earnings rate shall be the rate upon which service
6credits are granted; (3) periods of military leave shall not be
7considered; (4) the earnings rate for all periods of disability
8shall be considered equal to the rate of earnings upon which
9the employee's disability benefits are computed for such
10periods; (5) the earnings to be considered for each of the
11final three months of the final earnings period shall not
12exceed 125% of the highest earnings of any other month in the
13final earnings period; and (6) the annual amount of final rate
14of earnings shall be the monthly amount multiplied by the
15number of months of service normally required by the position
16in a year.
17    (e) Notwithstanding any provision of this Article, for any
18person who is a participating employee on the effective date of
19this amendatory Act of the 97th General Assembly, except for a
20sheriff's law enforcement employee under this Article, the
21annual final rate of earnings may not exceed $106,800, as
22automatically increased by the lesser of 3% or one-half of the
23annual percentage increase in the consumer price index-u for
24the 12 months ending with the September preceding each November
251. For the purposes of this subsection (e), "consumer price
26index-u" means the index published by the Bureau of Labor

 

 

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1Statistics of the United States Department of Labor that
2measures the average change in prices of goods and services
3purchased by all urban consumers, United States city average,
4all items, 1982-84 = 100.
5(Source: P.A. 90-448, eff. 8-16-97.)
 
6    (40 ILCS 5/7-173)  (from Ch. 108 1/2, par. 7-173)
7    Sec. 7-173. Contributions by employees.
8    (a) Each participating employee shall make contributions
9to the fund as follows:
10        1. For retirement annuity purposes, normal
11    contributions of 3 3/4% of earnings.
12        2. Additional contributions of such percentages of
13    each payment of earnings, as shall be elected by the
14    employee for retirement annuity purposes, but not in excess
15    of 10%. The selected rate shall be applicable to all
16    earnings paid following receipt by the Board of written
17    notice of election to make such contributions. Additional
18    contributions at the selected rate shall be made
19    concurrently with normal contributions.
20        3. Survivor contributions, by each participating
21    employee, of 3/4% of each payment of earnings.
22    (b) Each employee shall make contributions for Federal
23Social Security taxes, for periods during which he is a covered
24employee, as required by the Social Security Enabling Act and
25State and federal law. For participating employees, such

 

 

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1contributions shall be in addition to those required under
2paragraph (a) of this Section.
3    (c) Contributions shall be deducted from each
4corresponding payment of earnings paid to each employee and
5shall be remitted to the board by the participating
6municipality or participating instrumentality making such
7payment. The remittance, together with a report of the earnings
8and contributions shall be made as directed by the board. For
9township treasurers and employees of township treasurers
10qualifying as employees hereunder, the contributions herein
11required as deductions from salary shall be withheld by the
12school township trustees from funds available for the payment
13of the compensation of such treasurers and employees as
14provided in the School Code and remitted to the board.
15    (d) An employee who has made additional contributions under
16paragraph (a)2 of this Section may upon retirement or at any
17time prior thereto, elect to withdraw the total of such
18additional contributions including interest credited thereon
19to the end of the preceding calendar year.
20    (e) Failure to make the deductions for employee
21contributions provided in paragraph (c) of this Section shall
22not relieve the employee from liability for such contributions.
23The amount of such liability may be deducted, with interest
24charged under Section 7-209, from any annuities or benefits
25payable hereunder to the employee or any other person receiving
26an annuity or benefit by reason of such employee's

 

 

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1participation.
2    (f) A participating employee who has at least 40 years of
3creditable service in the Fund may elect to cease making the
4contributions required under this Section. The status of the
5employee under this Article shall be unaffected by this
6election, except that the employee shall not receive any
7additional creditable service for the periods of employment
8following the election. An election under this subsection
9relieves the employer from making additional employer
10contributions in relation to that employee.
11    (g) Notwithstanding any other provision of this Article,
12the required contribution of a participant who first becomes a
13participant on or after January 1, 2011 or who is a participant
14on the effective date of this amendatory Act of the 97th
15General Assembly shall not exceed the contribution that would
16be due under this Article if that participant's highest salary
17for annuity purposes were $106,800, plus any increases in that
18amount under Section 7-116.
19(Source: P.A. 96-1084, eff. 7-16-10; 96-1258, eff. 7-23-10;
20revised 9-2-10.)
 
21    (40 ILCS 5/14-103.12)  (from Ch. 108 1/2, par. 14-103.12)
22    Sec. 14-103.12. Final average compensation.
23    (a) For retirement and survivor annuities, "final average
24compensation" means the monthly compensation obtained by
25dividing the total compensation of an employee during the

 

 

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1period of: (1) the 48 consecutive months of service within the
2last 120 months of service in which the total compensation was
3the highest, or (2) the total period of service, if less than
448 months, by the number of months of service in such period;
5provided that for purposes of a retirement annuity the average
6compensation for the last 12 months of the 48-month period
7shall not exceed the final average compensation by more than
825%.
9    (b) For death and disability benefits, in the case of a
10full-time employee, "final average compensation" means the
11greater of (1) the rate of compensation of the employee at the
12date of death or disability multiplied by 1 in the case of a
13salaried employee, by 174 in the case of an hourly employee,
14and by 22 in the case of a per diem employee, or (2) for
15benefits commencing on or after January 1, 1991, final average
16compensation as determined under subsection (a).
17    For purposes of this paragraph, full or part-time status
18shall be certified by the employing agency. Final rate of
19compensation for a part-time employee shall be the total
20compensation earned during the last full calendar month prior
21to the date of death or disability.
22    (c) Notwithstanding the provisions of subsection (a), for
23the purpose of calculating retirement and survivor annuities of
24persons with at least 20 years of eligible creditable service
25as defined in Section 14-110, "final average compensation"
26means the monthly rate of compensation received by the person

 

 

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1on the last day of eligible creditable service (but not to
2exceed 115% of the average monthly compensation received by the
3person for the last 24 months of service, unless the person was
4in service as a State policeman before the effective date of
5this amendatory Act of 1997), or the average monthly
6compensation received by the person for the last 48 months of
7service prior to retirement, whichever is greater.
8    (d) Notwithstanding the provisions of subsection (a), for a
9person who was receiving, on the date of retirement or death, a
10disability benefit calculated under subdivision (b)(2) of this
11Section, the final average compensation used to calculate the
12disability benefit may be used for purposes of calculating the
13retirement and survivor annuities.
14    (e) In computing the final average compensation, periods of
15military leave shall not be considered.
16    (f) The changes to this Section made by this amendatory Act
17of 1997 (redefining final average compensation for members
18under the alternative formula) apply to members who retire on
19or after January 1, 1998, without regard to whether employment
20terminated before the effective date of this amendatory Act of
211997.
22    (g) For a member on leave of absence without pay who
23purchases service credit for such period of leave pursuant to
24subsection (l) of Section 14-104, earnings are assumed to be
25equal to the rate of compensation in effect immediately prior
26to the leave. If no contributions are required to establish

 

 

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1service credit for the period of leave, the member may elect to
2establish earnings credit for the leave period within 48 months
3after returning to work by making the employee and employer
4contributions required by subsection (l) of Section 14-104,
5based on the rate of compensation in effect immediately prior
6to the leave, plus interest at the actuarially assumed rate. In
7determining the contributions required for establishing
8service credit under this subsection (g), the interest shall be
9calculated from the beginning of the leave of absence to the
10date of payment.
11    (h) Notwithstanding any provision of this Article, for any
12person who is a member on the effective date of this amendatory
13Act of the 97th General Assembly, annual final average
14compensation may not exceed $106,800, as automatically
15increased by the lesser of 3% or one-half of the annual
16percentage increase in the consumer price index-u for the 12
17months ending with the September preceding each November 1. For
18the purposes of this subsection (h), "consumer price index-u"
19means the index published by the Bureau of Labor Statistics of
20the United States Department of Labor that measures the average
21change in prices of goods and services purchased by all urban
22consumers, United States city average, all items, 1982-84 =
23100.
24(Source: P.A. 96-525, eff. 8-14-09.)
 
25    (40 ILCS 5/14-133)  (from Ch. 108 1/2, par. 14-133)

 

 

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1    Sec. 14-133. Contributions on behalf of members.
2    (a) Each participating employee shall make contributions
3to the System, based on the employee's compensation, as
4follows:
5        (1) Covered employees, except as indicated below, 3.5%
6    for retirement annuity, and 0.5% for a widow or survivors
7    annuity;
8        (2) Noncovered employees, except as indicated below,
9    7% for retirement annuity and 1% for a widow or survivors
10    annuity;
11        (3) Noncovered employees serving in a position in which
12    "eligible creditable service" as defined in Section 14-110
13    may be earned, 1% for a widow or survivors annuity plus the
14    following amount for retirement annuity: 8.5% through
15    December 31, 2001; 9.5% in 2002; 10.5% in 2003; and 11.5%
16    in 2004 and thereafter;
17        (4) Covered employees serving in a position in which
18    "eligible creditable service" as defined in Section 14-110
19    may be earned, 0.5% for a widow or survivors annuity plus
20    the following amount for retirement annuity: 5% through
21    December 31, 2001; 6% in 2002; 7% in 2003; and 8% in 2004
22    and thereafter;
23        (5) Each security employee of the Department of
24    Corrections or of the Department of Human Services who is a
25    covered employee, 0.5% for a widow or survivors annuity
26    plus the following amount for retirement annuity: 5%

 

 

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1    through December 31, 2001; 6% in 2002; 7% in 2003; and 8%
2    in 2004 and thereafter;
3        (6) Each security employee of the Department of
4    Corrections or of the Department of Human Services who is
5    not a covered employee, 1% for a widow or survivors annuity
6    plus the following amount for retirement annuity: 8.5%
7    through December 31, 2001; 9.5% in 2002; 10.5% in 2003; and
8    11.5% in 2004 and thereafter.
9    (b) Contributions shall be in the form of a deduction from
10compensation and shall be made notwithstanding that the
11compensation paid in cash to the employee shall be reduced
12thereby below the minimum prescribed by law or regulation. Each
13member is deemed to consent and agree to the deductions from
14compensation provided for in this Article, and shall receipt in
15full for salary or compensation.
16    (c) Notwithstanding any other provision of this Article,
17the required contribution of a participant who first becomes a
18participant on or after January 1, 2011 or who is a participant
19on the effective date of this amendatory Act of the 97th
20General Assembly shall not exceed the contribution that would
21be due under this Article if that participant's highest salary
22for annuity purposes were $106,800, plus any increases in that
23amount under Section 14-103.12.
24(Source: P.A. 92-14, eff. 6-28-01.)
 
25    (40 ILCS 5/15-112)  (from Ch. 108 1/2, par. 15-112)

 

 

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1    Sec. 15-112. Final rate of earnings.
2    "Final rate of earnings":
3    (a) This subsection (a) applies only to a person who first
4becomes a participant of any system before January 1, 2011.
5     For an employee who is paid on an hourly basis or who
6receives an annual salary in installments during 12 months of
7each academic year, the average annual earnings during the 48
8consecutive calendar month period ending with the last day of
9final termination of employment or the 4 consecutive academic
10years of service in which the employee's earnings were the
11highest, whichever is greater. For any other employee, the
12average annual earnings during the 4 consecutive academic years
13of service in which his or her earnings were the highest. For
14an employee with less than 48 months or 4 consecutive academic
15years of service, the average earnings during his or her entire
16period of service. The earnings of an employee with more than
1736 months of service prior to the date of becoming a
18participant are, for such period, considered equal to the
19average earnings during the last 36 months of such service.
20    (b) This subsection (b) applies to a person to whom
21subsection (a) does not apply.
22    For an employee who is paid on an hourly basis or who
23receives an annual salary in installments during 12 months of
24each academic year, the average annual earnings obtained by
25dividing by 8 the total earnings of the employee during the 96
26consecutive months in which the total earnings were the highest

 

 

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1within the last 120 months prior to termination.
2    For any other employee, the average annual earnings during
3the 8 consecutive academic years within the 10 years prior to
4termination in which the employee's earnings were the highest.
5For an employee with less than 96 consecutive months or 8
6consecutive academic years of service, whichever is necessary,
7the average earnings during his or her entire period of
8service.
9    (c) For an employee on leave of absence with pay, or on
10leave of absence without pay who makes contributions during
11such leave, earnings are assumed to be equal to the basic
12compensation on the date the leave began.
13    (d) For an employee on disability leave, earnings are
14assumed to be equal to the basic compensation on the date
15disability occurs or the average earnings during the 24 months
16immediately preceding the month in which disability occurs,
17whichever is greater.
18    (e) For a participant who retires on or after the effective
19date of this amendatory Act of 1997 with at least 20 years of
20service as a firefighter or police officer under this Article,
21the final rate of earnings shall be the annual rate of earnings
22received by the participant on his or her last day as a
23firefighter or police officer under this Article, if that is
24greater than the final rate of earnings as calculated under the
25other provisions of this Section.
26    (f) If a participant to whom subsection (a) of this Section

 

 

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1applies is an employee for at least 6 months during the
2academic year in which his or her employment is terminated, the
3annual final rate of earnings shall be 25% of the sum of (1)
4the annual basic compensation for that year, and (2) the amount
5earned during the 36 months immediately preceding that year, if
6this is greater than the final rate of earnings as calculated
7under the other provisions of this Section.
8    (g) In the determination of the final rate of earnings for
9an employee, that part of an employee's earnings for any
10academic year beginning after June 30, 1997, which exceeds the
11employee's earnings with that employer for the preceding year
12by more than 20 percent shall be excluded; in the event that an
13employee has more than one employer this limitation shall be
14calculated separately for the earnings with each employer. In
15making such calculation, only the basic compensation of
16employees shall be considered, without regard to vacation or
17overtime or to contracts for summer employment.
18    (h) The following are not considered as earnings in
19determining final rate of earnings: (1) severance or separation
20pay, (2) retirement pay, (3) payment for unused sick leave, and
21(4) payments from an employer for the period used in
22determining final rate of earnings for any purpose other than
23(i) services rendered, (ii) leave of absence or vacation
24granted during that period, and (iii) vacation of up to 56 work
25days allowed upon termination of employment; except that, if
26the benefit has been collectively bargained between the

 

 

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1employer and the recognized collective bargaining agent
2pursuant to the Illinois Educational Labor Relations Act,
3payment received during a period of up to 2 academic years for
4unused sick leave may be considered as earnings in accordance
5with the applicable collective bargaining agreement, subject
6to the 20% increase limitation of this Section. Any unused sick
7leave considered as earnings under this Section shall not be
8taken into account in calculating service credit under Section
915-113.4.
10    (i) Intermittent periods of service shall be considered as
11consecutive in determining final rate of earnings.
12    (j) Notwithstanding any provision of this Article, for any
13person who is a participating employee on the effective date of
14this amendatory Act of the 97th General Assembly, the annual
15final rate of earnings may not exceed $106,800, as
16automatically increased by the lesser of 3% or one-half of the
17annual percentage increase in the consumer price index-u for
18the 12 months ending with the September preceding each November
191. For the purposes of this Section, "consumer price index-u"
20means the index published by the Bureau of Labor Statistics of
21the United States Department of Labor that measures the average
22change in prices of goods and services purchased by all urban
23consumers, United States city average, all items, 1982-84 =
24100.
25(Source: P.A. 96-1490, eff. 1-1-11.)
 

 

 

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1    (40 ILCS 5/15-157)  (from Ch. 108 1/2, par. 15-157)
2    Sec. 15-157. Employee Contributions.
3    (a) Each participating employee shall make contributions
4towards the retirement benefits payable under the retirement
5program applicable to the employee from each payment of
6earnings applicable to employment under this system on and
7after the date of becoming a participant as follows: Prior to
8September 1, 1949, 3 1/2% of earnings; from September 1, 1949
9to August 31, 1955, 5%; from September 1, 1955 to August 31,
101969, 6%; from September 1, 1969, 6 1/2%. These contributions
11are to be considered as normal contributions for purposes of
12this Article.
13    Each participant who is a police officer or firefighter
14shall make normal contributions of 8% of each payment of
15earnings applicable to employment as a police officer or
16firefighter under this system on or after September 1, 1981,
17unless he or she files with the board within 60 days after the
18effective date of this amendatory Act of 1991 or 60 days after
19the board receives notice that he or she is employed as a
20police officer or firefighter, whichever is later, a written
21notice waiving the retirement formula provided by Rule 4 of
22Section 15-136. This waiver shall be irrevocable. If a
23participant had met the conditions set forth in Section
2415-132.1 prior to the effective date of this amendatory Act of
251991 but failed to make the additional normal contributions
26required by this paragraph, he or she may elect to pay the

 

 

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1additional contributions plus compound interest at the
2effective rate. If such payment is received by the board, the
3service shall be considered as police officer service in
4calculating the retirement annuity under Rule 4 of Section
515-136. While performing service described in clause (i) or
6(ii) of Rule 4 of Section 15-136, a participating employee
7shall be deemed to be employed as a firefighter for the purpose
8of determining the rate of employee contributions under this
9Section.
10    (b) Starting September 1, 1969, each participating
11employee shall make additional contributions of 1/2 of 1% of
12earnings to finance a portion of the cost of the annual
13increases in retirement annuity provided under Section 15-136,
14except that with respect to participants in the self-managed
15plan this additional contribution shall be used to finance the
16benefits obtained under that retirement program.
17    (c) In addition to the amounts described in subsections (a)
18and (b) of this Section, each participating employee shall make
19contributions of 1% of earnings applicable under this system on
20and after August 1, 1959. The contributions made under this
21subsection (c) shall be considered as survivor's insurance
22contributions for purposes of this Article if the employee is
23covered under the traditional benefit package, and such
24contributions shall be considered as additional contributions
25for purposes of this Article if the employee is participating
26in the self-managed plan or has elected to participate in the

 

 

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1portable benefit package and has completed the applicable
2one-year waiting period. Contributions in excess of $80 during
3any fiscal year beginning before August 31, 1969 and in excess
4of $120 during any fiscal year thereafter until September 1,
51971 shall be considered as additional contributions for
6purposes of this Article.
7    (d) If the board by board rule so permits and subject to
8such conditions and limitations as may be specified in its
9rules, a participant may make other additional contributions of
10such percentage of earnings or amounts as the participant shall
11elect in a written notice thereof received by the board.
12    (e) That fraction of a participant's total accumulated
13normal contributions, the numerator of which is equal to the
14number of years of service in excess of that which is required
15to qualify for the maximum retirement annuity, and the
16denominator of which is equal to the total service of the
17participant, shall be considered as accumulated additional
18contributions. The determination of the applicable maximum
19annuity and the adjustment in contributions required by this
20provision shall be made as of the date of the participant's
21retirement.
22    (f) Notwithstanding the foregoing, a participating
23employee shall not be required to make contributions under this
24Section after the date upon which continuance of such
25contributions would otherwise cause his or her retirement
26annuity to exceed the maximum retirement annuity as specified

 

 

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1in clause (1) of subsection (c) of Section 15-136.
2    (g) A participating employee may make contributions for the
3purchase of service credit under this Article.
4    (h) Notwithstanding any other provision of this Article,
5the required contribution of a participant who first becomes a
6participant on or after January 1, 2011 or who is a participant
7on the effective date of this amendatory Act of the 97th
8General Assembly shall not exceed the contribution that would
9be due under this Article if that participant's highest salary
10for annuity purposes were $106,800, plus any increases in that
11amount under Section 15-112.
12(Source: P.A. 90-32, eff. 6-27-97; 90-65, eff. 7-7-97; 90-448,
13eff. 8-16-97; 90-511, eff. 8-22-97; 90-576, eff. 3-31-98;
1490-655, eff. 7-30-98; 90-766, eff. 8-14-98.)
 
15    (40 ILCS 5/16-133)  (from Ch. 108 1/2, par. 16-133)
16    Sec. 16-133. Retirement annuity; amount.
17    (a) The amount of the retirement annuity shall be (i) in
18the case of a person who first became a teacher under this
19Article before July 1, 2005, the larger of the amounts
20determined under paragraphs (A) and (B) below, or (ii) in the
21case of a person who first becomes a teacher under this Article
22on or after July 1, 2005, the amount determined under the
23applicable provisions of paragraph (B):
24        (A) An amount consisting of the sum of the following:
25            (1) An amount that can be provided on an

 

 

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1        actuarially equivalent basis by the member's
2        accumulated contributions at the time of retirement;
3        and
4            (2) The sum of (i) the amount that can be provided
5        on an actuarially equivalent basis by the member's
6        accumulated contributions representing service prior
7        to July 1, 1947, and (ii) the amount that can be
8        provided on an actuarially equivalent basis by the
9        amount obtained by multiplying 1.4 times the member's
10        accumulated contributions covering service subsequent
11        to June 30, 1947; and
12            (3) If there is prior service, 2 times the amount
13        that would have been determined under subparagraph (2)
14        of paragraph (A) above on account of contributions
15        which would have been made during the period of prior
16        service creditable to the member had the System been in
17        operation and had the member made contributions at the
18        contribution rate in effect prior to July 1, 1947.
19        This paragraph (A) does not apply to a person who first
20    becomes a teacher under this Article on or after July 1,
21    2005.
22        (B) An amount consisting of the greater of the
23    following:
24            (1) For creditable service earned before July 1,
25        1998 that has not been augmented under Section
26        16-129.1: 1.67% of final average salary for each of the

 

 

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1        first 10 years of creditable service, 1.90% of final
2        average salary for each year in excess of 10 but not
3        exceeding 20, 2.10% of final average salary for each
4        year in excess of 20 but not exceeding 30, and 2.30% of
5        final average salary for each year in excess of 30; and
6            For creditable service earned on or after July 1,
7        1998 by a member who has at least 24 years of
8        creditable service on July 1, 1998 and who does not
9        elect to augment service under Section 16-129.1: 2.2%
10        of final average salary for each year of creditable
11        service earned on or after July 1, 1998 but before the
12        member reaches a total of 30 years of creditable
13        service and 2.3% of final average salary for each year
14        of creditable service earned on or after July 1, 1998
15        and after the member reaches a total of 30 years of
16        creditable service; and
17            For all other creditable service: 2.2% of final
18        average salary for each year of creditable service; or
19            (2) 1.5% of final average salary for each year of
20        creditable service plus the sum $7.50 for each of the
21        first 20 years of creditable service.
22    The amount of the retirement annuity determined under this
23    paragraph (B) shall be reduced by 1/2 of 1% for each month
24    that the member is less than age 60 at the time the
25    retirement annuity begins. However, this reduction shall
26    not apply (i) if the member has at least 35 years of

 

 

HB0146- 27 -LRB097 05683 JDS 45746 b

1    creditable service, or (ii) if the member retires on
2    account of disability under Section 16-149.2 of this
3    Article with at least 20 years of creditable service, or
4    (iii) if the member (1) has earned during the period
5    immediately preceding the last day of service at least one
6    year of contributing creditable service as an employee of a
7    department as defined in Section 14-103.04, (2) has earned
8    at least 5 years of contributing creditable service as an
9    employee of a department as defined in Section 14-103.04,
10    (3) retires on or after January 1, 2001, and (4) retires
11    having attained an age which, when added to the number of
12    years of his or her total creditable service, equals at
13    least 85. Portions of years shall be counted as decimal
14    equivalents.
15    (b) For purposes of this Section, final average salary
16shall be the average salary for the highest 4 consecutive years
17within the last 10 years of creditable service as determined
18under rules of the board. The minimum final average salary
19shall be considered to be $2,400 per year.
20    In the determination of final average salary for members
21other than elected officials and their appointees when such
22appointees are allowed by statute, that part of a member's
23salary for any year beginning after June 30, 1979 which exceeds
24the member's annual full-time salary rate with the same
25employer for the preceding year by more than 20% shall be
26excluded. The exclusion shall not apply in any year in which

 

 

HB0146- 28 -LRB097 05683 JDS 45746 b

1the member's creditable earnings are less than 50% of the
2preceding year's mean salary for downstate teachers as
3determined by the survey of school district salaries provided
4in Section 2-3.103 of the School Code.
5    Notwithstanding any provision of this Article, for any
6person who is a member on the effective date of this amendatory
7Act of the 97th General Assembly, the annual final average
8compensation may not exceed $106,800, as automatically
9increased by the lesser of 3% or one-half of the annual
10percentage increase in the consumer price index-u for the 12
11months ending with the September preceding each November 1. For
12the purposes of this subsection (b), "consumer price index-u"
13means the index published by the Bureau of Labor Statistics of
14the United States Department of Labor that measures the average
15change in prices of goods and services purchased by all urban
16consumers, United States city average, all items, 1982-84 =
17100.
18    (c) In determining the amount of the retirement annuity
19under paragraph (B) of this Section, a fractional year shall be
20granted proportional credit.
21    (d) The retirement annuity determined under paragraph (B)
22of this Section shall be available only to members who render
23teaching service after July 1, 1947 for which member
24contributions are required, and to annuitants who re-enter
25under the provisions of Section 16-150.
26    (e) The maximum retirement annuity provided under

 

 

HB0146- 29 -LRB097 05683 JDS 45746 b

1paragraph (B) of this Section shall be 75% of final average
2salary.
3    (f) A member retiring after the effective date of this
4amendatory Act of 1998 shall receive a pension equal to 75% of
5final average salary if the member is qualified to receive a
6retirement annuity equal to at least 74.6% of final average
7salary under this Article or as proportional annuities under
8Article 20 of this Code.
9(Source: P.A. 94-4, eff. 6-1-05.)
 
10    (40 ILCS 5/16-152)  (from Ch. 108 1/2, par. 16-152)
11    Sec. 16-152. Contributions by members.
12    (a) Each member shall make contributions for membership
13service to this System as follows:
14        (1) Effective July 1, 1998, contributions of 7.50% of
15    salary towards the cost of the retirement annuity. Such
16    contributions shall be deemed "normal contributions".
17        (2) Effective July 1, 1969, contributions of 1/2 of 1%
18    of salary toward the cost of the automatic annual increase
19    in retirement annuity provided under Section 16-133.1.
20        (3) Effective July 24, 1959, contributions of 1% of
21    salary towards the cost of survivor benefits. Such
22    contributions shall not be credited to the individual
23    account of the member and shall not be subject to refund
24    except as provided under Section 16-143.2.
25        (4) Effective July 1, 2005, contributions of 0.40% of

 

 

HB0146- 30 -LRB097 05683 JDS 45746 b

1    salary toward the cost of the early retirement without
2    discount option provided under Section 16-133.2. This
3    contribution shall cease upon termination of the early
4    retirement without discount option as provided in Section
5    16-176.
6    (b) The minimum required contribution for any year of
7full-time teaching service shall be $192.
8    (c) Contributions shall not be required of any annuitant
9receiving a retirement annuity who is given employment as
10permitted under Section 16-118 or 16-150.1.
11    (d) A person who (i) was a member before July 1, 1998, (ii)
12retires with more than 34 years of creditable service, and
13(iii) does not elect to qualify for the augmented rate under
14Section 16-129.1 shall be entitled, at the time of retirement,
15to receive a partial refund of contributions made under this
16Section for service occurring after the later of June 30, 1998
17or attainment of 34 years of creditable service, in an amount
18equal to 1.00% of the salary upon which those contributions
19were based.
20    (e) A member's contributions toward the cost of early
21retirement without discount made under item (a)(4) of this
22Section shall not be refunded if the member has elected early
23retirement without discount under Section 16-133.2 and has
24begun to receive a retirement annuity under this Article
25calculated in accordance with that election. Otherwise, a
26member's contributions toward the cost of early retirement

 

 

HB0146- 31 -LRB097 05683 JDS 45746 b

1without discount made under item (a)(4) of this Section shall
2be refunded according to whichever one of the following
3circumstances occurs first:
4        (1) The contributions shall be refunded to the member,
5    without interest, within 120 days after the member's
6    retirement annuity commences, if the member does not elect
7    early retirement without discount under Section 16-133.2.
8        (2) The contributions shall be included, without
9    interest, in any refund claimed by the member under Section
10    16-151.
11        (3) The contributions shall be refunded to the member's
12    designated beneficiary (or if there is no beneficiary, to
13    the member's estate), without interest, if the member dies
14    without having begun to receive a retirement annuity under
15    this Article.
16        (4) The contributions shall be refunded to the member,
17    without interest, within 120 days after the early
18    retirement without discount option provided under Section
19    16-133.2 is terminated under Section 16-176.
20    (f) Notwithstanding any other provision of this Article,
21the required contribution of a participant who first becomes a
22participant on or after January 1, 2011 or who is a participant
23on the effective date of this amendatory Act of the 97th
24General Assembly shall not exceed the contribution that would
25be due under this Article if that participant's highest salary
26for annuity purposes were $106,800, plus any increases in that

 

 

HB0146- 32 -LRB097 05683 JDS 45746 b

1amount under Section 16-133.
2(Source: P.A. 93-320, eff. 7-23-03; 94-4, eff. 6-1-05.)
 
3    (40 ILCS 5/18-125)  (from Ch. 108 1/2, par. 18-125)
4    Sec. 18-125. Retirement annuity amount.
5    (a) The annual retirement annuity for a participant who
6terminated service as a judge prior to July 1, 1971 shall be
7based on the law in effect at the time of termination of
8service.
9    (b) Except as provided in subsection (b-5), effective July
101, 1971, the retirement annuity for any participant in service
11on or after such date shall be 3 1/2% of final average salary,
12as defined in this Section, for each of the first 10 years of
13service, and 5% of such final average salary for each year of
14service on excess of 10.
15    For purposes of this Section, final average salary for a
16participant who first serves as a judge before August 10, 2009
17(the effective date of Public Act 96-207) shall be:
18        (1) the average salary for the last 4 years of credited
19    service as a judge for a participant who terminates service
20    before July 1, 1975.
21        (2) for a participant who terminates service after June
22    30, 1975 and before July 1, 1982, the salary on the last
23    day of employment as a judge.
24        (3) for any participant who terminates service after
25    June 30, 1982 and before January 1, 1990, the average

 

 

HB0146- 33 -LRB097 05683 JDS 45746 b

1    salary for the final year of service as a judge.
2        (4) for a participant who terminates service on or
3    after January 1, 1990 but before the effective date of this
4    amendatory Act of 1995, the salary on the last day of
5    employment as a judge.
6        (5) for a participant who terminates service on or
7    after the effective date of this amendatory Act of 1995,
8    the salary on the last day of employment as a judge, or the
9    highest salary received by the participant for employment
10    as a judge in a position held by the participant for at
11    least 4 consecutive years, whichever is greater.
12    However, in the case of a participant who elects to
13discontinue contributions as provided in subdivision (a)(2) of
14Section 18-133, the time of such election shall be considered
15the last day of employment in the determination of final
16average salary under this subsection.
17    For a participant who first serves as a judge on or after
18August 10, 2009 (the effective date of Public Act 96-207) and
19before January 1, 2011 (the effective date of Public Act
2096-889), final average salary shall be the average monthly
21salary obtained by dividing the total salary of the participant
22during the period of: (1) the 48 consecutive months of service
23within the last 120 months of service in which the total
24compensation was the highest, or (2) the total period of
25service, if less than 48 months, by the number of months of
26service in that period.

 

 

HB0146- 34 -LRB097 05683 JDS 45746 b

1    The maximum retirement annuity for any participant shall be
285% of final average salary.
3    (b-5) Notwithstanding any other provision of this Article,
4for a participant who first serves as a judge on or after
5January 1, 2011 (the effective date of Public Act 96-889), the
6annual retirement annuity is 3% of the participant's final
7average salary for each year of service. The maximum retirement
8annuity payable shall be 60% of the participant's final average
9salary.
10    For a participant who first serves as a judge on or after
11January 1, 2011 (the effective date of Public Act 96-889),
12final average salary shall be the average monthly salary
13obtained by dividing the total salary of the judge during the
1496 consecutive months of service within the last 120 months of
15service in which the total salary was the highest by the number
16of months of service in that period; however, beginning January
171, 2011, the annual salary may not exceed $106,800, except that
18that amount shall annually thereafter be increased by the
19lesser of (i) 3% of that amount, including all previous
20adjustments, or (ii) the annual unadjusted percentage increase
21(but not less than zero) in the consumer price index-u for the
2212 months ending with the September preceding each November 1.
23    Notwithstanding any provision of this Article, for any
24person who is a participant on the effective date of this
25amendatory Act of the 97th General Assembly, the annual final
26average salary may not exceed $106,800, as automatically

 

 

HB0146- 35 -LRB097 05683 JDS 45746 b

1increased by the lesser of 3% or one-half of the annual
2percentage increase in the consumer price index-u for the 12
3months ending with the September preceding each November 1.
4    "Consumer price index-u" means the index published by the
5Bureau of Labor Statistics of the United States Department of
6Labor that measures the average change in prices of goods and
7services purchased by all urban consumers, United States city
8average, all items, 1982-84 = 100. The new amount resulting
9from each annual adjustment shall be determined by the Public
10Pension Division of the Department of Insurance and made
11available to the Board by November 1st of each year.
12    (c) The retirement annuity for a participant who retires
13prior to age 60 with less than 28 years of service in the
14System shall be reduced 1/2 of 1% for each month that the
15participant's age is under 60 years at the time the annuity
16commences. However, for a participant who retires on or after
17the effective date of this amendatory Act of the 91st General
18Assembly, the percentage reduction in retirement annuity
19imposed under this subsection shall be reduced by 5/12 of 1%
20for every month of service in this System in excess of 20
21years, and therefore a participant with at least 26 years of
22service in this System may retire at age 55 without any
23reduction in annuity.
24    The reduction in retirement annuity imposed by this
25subsection shall not apply in the case of retirement on account
26of disability.

 

 

HB0146- 36 -LRB097 05683 JDS 45746 b

1    (d) Notwithstanding any other provision of this Article,
2for a participant who first serves as a judge on or after
3January 1, 2011 (the effective date of Public Act 96-889) and
4who is retiring after attaining age 62, the retirement annuity
5shall be reduced by 1/2 of 1% for each month that the
6participant's age is under age 67 at the time the annuity
7commences.
8(Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11;
996-1000, eff. 7-2-10; 96-1490, eff. 1-1-11.)
 
10    (40 ILCS 5/18-133)  (from Ch. 108 1/2, par. 18-133)
11    Sec. 18-133. Financing; employee contributions.
12    (a) Effective July 1, 1967, each participant is required to
13contribute 7 1/2% of each payment of salary toward the
14retirement annuity. Such contributions shall continue during
15the entire time the participant is in service, with the
16following exceptions:
17        (1) Contributions for the retirement annuity are not
18    required on salary received after 18 years of service by
19    persons who were participants before January 2, 1954.
20        (2) A participant who continues to serve as a judge
21    after becoming eligible to receive the maximum rate of
22    annuity may elect, through a written direction filed with
23    the Board, to discontinue contributing to the System. Any
24    such option elected by a judge shall be irrevocable unless
25    prior to January 1, 2000, and while continuing to serve as

 

 

HB0146- 37 -LRB097 05683 JDS 45746 b

1    judge, the judge (A) files with the Board a letter
2    cancelling the direction to discontinue contributing to
3    the System and requesting that such contributing resume,
4    and (B) pays into the System an amount equal to the total
5    of the discontinued contributions plus interest thereon at
6    5% per annum. Service credits earned in any other
7    "participating system" as defined in Article 20 of this
8    Code shall be considered for purposes of determining a
9    judge's eligibility to discontinue contributions under
10    this subdivision (a)(2).
11        (3) A participant who (i) has attained age 60, (ii)
12    continues to serve as a judge after becoming eligible to
13    receive the maximum rate of annuity, and (iii) has not
14    elected to discontinue contributing to the System under
15    subdivision (a)(2) of this Section (or has revoked any such
16    election) may elect, through a written direction filed with
17    the Board, to make contributions to the System based only
18    on the amount of the increases in salary received by the
19    judge on or after the date of the election, rather than the
20    total salary received. If a judge who is making
21    contributions to the System on the effective date of this
22    amendatory Act of the 91st General Assembly makes an
23    election to limit contributions under this subdivision
24    (a)(3) within 90 days after that effective date, the
25    election shall be deemed to become effective on that
26    effective date and the judge shall be entitled to receive a

 

 

HB0146- 38 -LRB097 05683 JDS 45746 b

1    refund of any excess contributions paid to the System
2    during that 90-day period; any other election under this
3    subdivision (a)(3) becomes effective on the first of the
4    month following the date of the election. An election to
5    limit contributions under this subdivision (a)(3) is
6    irrevocable. Service credits earned in any other
7    participating system as defined in Article 20 of this Code
8    shall be considered for purposes of determining a judge's
9    eligibility to make an election under this subdivision
10    (a)(3).
11    (b) Beginning July 1, 1969, each participant is required to
12contribute 1% of each payment of salary towards the automatic
13increase in annuity provided in Section 18-125.1. However, such
14contributions need not be made by any participant who has
15elected prior to September 15, 1969, not to be subject to the
16automatic increase in annuity provisions.
17    (c) Effective July 13, 1953, each married participant
18subject to the survivor's annuity provisions is required to
19contribute 2 1/2% of each payment of salary, whether or not he
20or she is required to make any other contributions under this
21Section. Such contributions shall be made concurrently with the
22contributions made for annuity purposes.
23    (d) Notwithstanding any other provision of this Article,
24the required contributions for a participant who first becomes
25a participant on or after January 1, 2011 or who is a
26participant on the effective date of this amendatory Act of the

 

 

HB0146- 39 -LRB097 05683 JDS 45746 b

197th General Assembly shall not exceed the contributions that
2would be due under this Article if that participant's highest
3salary for annuity purposes were $106,800, plus any increase in
4that amount under Section 18-125.
5(Source: P.A. 96-1490, eff. 1-1-11.)
 
6    Section 99. Effective date. This Act takes effect July 1,
72011.