Illinois General Assembly - Full Text of HB1568
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Full Text of HB1568  102nd General Assembly

HB1568sam002 102ND GENERAL ASSEMBLY

Sen. Robert F. Martwick

Filed: 4/7/2022

 

 


 

 


 
10200HB1568sam002LRB102 03599 AWJ 38896 a

1
AMENDMENT TO HOUSE BILL 1568

2    AMENDMENT NO. ______. Amend House Bill 1568 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Revenue Law of the Civil
5Administrative Code of Illinois is amended by adding Section
62505-306 as follows:
 
7    (20 ILCS 2505/2505-306 new)
8    Sec. 2505-306. Retiring investigators; purchase of service
9firearm and badge. The Director shall establish a program to
10allow a Department investigator who is honorably retiring in
11good standing to purchase either one or both of the following:
12(1) any badge previously issued to the investigator by the
13Department; or (2) if the investigator has a currently valid
14Firearm Owner's Identification Card, the service firearm
15issued or previously issued to the investigator by the
16Department. The cost of the firearm shall be the replacement

 

 

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1value of the firearm and not the firearm's fair market value.
 
2    Section 10. The Illinois Pension Code is amended by
3changing Section 1-160 as follows:
 
4    (40 ILCS 5/1-160)
5    Sec. 1-160. Provisions applicable to new hires.
6    (a) The provisions of this Section apply to a person who,
7on or after January 1, 2011, first becomes a member or a
8participant under any reciprocal retirement system or pension
9fund established under this Code, other than a retirement
10system or pension fund established under Article 2, 3, 4, 5, 6,
117, 15, or 18 of this Code, notwithstanding any other provision
12of this Code to the contrary, but do not apply to any
13self-managed plan established under this Code or to any
14participant of the retirement plan established under Section
1522-101; except that this Section applies to a person who
16elected to establish alternative credits by electing in
17writing after January 1, 2011, but before August 8, 2011,
18under Section 7-145.1 of this Code. Notwithstanding anything
19to the contrary in this Section, for purposes of this Section,
20a person who is a Tier 1 regular employee as defined in Section
217-109.4 of this Code or who participated in a retirement
22system under Article 15 prior to January 1, 2011 shall be
23deemed a person who first became a member or participant prior
24to January 1, 2011 under any retirement system or pension fund

 

 

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1subject to this Section. The changes made to this Section by
2Public Act 98-596 are a clarification of existing law and are
3intended to be retroactive to January 1, 2011 (the effective
4date of Public Act 96-889), notwithstanding the provisions of
5Section 1-103.1 of this Code.
6    This Section does not apply to a person who first becomes a
7noncovered employee under Article 14 on or after the
8implementation date of the plan created under Section 1-161
9for that Article, unless that person elects under subsection
10(b) of Section 1-161 to instead receive the benefits provided
11under this Section and the applicable provisions of that
12Article.
13    This Section does not apply to a person who first becomes a
14member or participant under Article 16 on or after the
15implementation date of the plan created under Section 1-161
16for that Article, unless that person elects under subsection
17(b) of Section 1-161 to instead receive the benefits provided
18under this Section and the applicable provisions of that
19Article.
20    This Section does not apply to a person who elects under
21subsection (c-5) of Section 1-161 to receive the benefits
22under Section 1-161.
23    This Section does not apply to a person who first becomes a
24member or participant of an affected pension fund on or after 6
25months after the resolution or ordinance date, as defined in
26Section 1-162, unless that person elects under subsection (c)

 

 

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1of Section 1-162 to receive the benefits provided under this
2Section and the applicable provisions of the Article under
3which he or she is a member or participant.
4    (b) "Final average salary" means, except as otherwise
5provided in this subsection, the average monthly (or annual)
6salary obtained by dividing the total salary or earnings
7calculated under the Article applicable to the member or
8participant during the 96 consecutive months (or 8 consecutive
9years) of service within the last 120 months (or 10 years) of
10service in which the total salary or earnings calculated under
11the applicable Article was the highest by the number of months
12(or years) of service in that period. For the purposes of a
13person who first becomes a member or participant of any
14retirement system or pension fund to which this Section
15applies on or after January 1, 2011, in this Code, "final
16average salary" shall be substituted for the following:
17        (1) (Blank).
18        (2) In Articles 8, 9, 10, 11, and 12, "highest average
19    annual salary for any 4 consecutive years within the last
20    10 years of service immediately preceding the date of
21    withdrawal".
22        (3) In Article 13, "average final salary".
23        (4) In Article 14, "final average compensation".
24        (5) In Article 17, "average salary".
25        (6) In Section 22-207, "wages or salary received by
26    him at the date of retirement or discharge".

 

 

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1    A member of the Teachers' Retirement System of the State
2of Illinois who retires on or after June 1, 2021 and for whom
3the 2020-2021 school year is used in the calculation of the
4member's final average salary shall use the higher of the
5following for the purpose of determining the member's final
6average salary:
7        (A) the amount otherwise calculated under the first
8    paragraph of this subsection; or
9        (B) an amount calculated by the Teachers' Retirement
10    System of the State of Illinois using the average of the
11    monthly (or annual) salary obtained by dividing the total
12    salary or earnings calculated under Article 16 applicable
13    to the member or participant during the 96 months (or 8
14    years) of service within the last 120 months (or 10 years)
15    of service in which the total salary or earnings
16    calculated under the Article was the highest by the number
17    of months (or years) of service in that period.
18    (b-5) Beginning on January 1, 2011, for all purposes under
19this Code (including without limitation the calculation of
20benefits and employee contributions), the annual earnings,
21salary, or wages (based on the plan year) of a member or
22participant to whom this Section applies shall not exceed
23$106,800; however, that amount shall annually thereafter be
24increased by the lesser of (i) 3% of that amount, including all
25previous adjustments, or (ii) one-half the annual unadjusted
26percentage increase (but not less than zero) in the consumer

 

 

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1price index-u for the 12 months ending with the September
2preceding each November 1, including all previous adjustments.
3    For the purposes of this Section, "consumer price index-u"
4means the index published by the Bureau of Labor Statistics of
5the United States Department of Labor that measures the
6average change in prices of goods and services purchased by
7all urban consumers, United States city average, all items,
81982-84 = 100. The new amount resulting from each annual
9adjustment shall be determined by the Public Pension Division
10of the Department of Insurance and made available to the
11boards of the retirement systems and pension funds by November
121 of each year.
13    (c) A member or participant is entitled to a retirement
14annuity upon written application if he or she has attained age
1567 (age 65, with respect to service under Article 12 that is
16subject to this Section, for a member or participant under
17Article 12 who first becomes a member or participant under
18Article 12 on or after January 1, 2022 or who makes the
19election under item (i) of subsection (d-15) of this Section)
20and has at least 10 years of service credit and is otherwise
21eligible under the requirements of the applicable Article.
22    A member or participant who has attained age 62 (age 60,
23with respect to service under Article 12 that is subject to
24this Section, for a member or participant under Article 12 who
25first becomes a member or participant under Article 12 on or
26after January 1, 2022 or who makes the election under item (i)

 

 

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1of subsection (d-15) of this Section) and has at least 10 years
2of service credit and is otherwise eligible under the
3requirements of the applicable Article may elect to receive
4the lower retirement annuity provided in subsection (d) of
5this Section.
6    (c-5) A person who first becomes a member or a participant
7subject to this Section on or after July 6, 2017 (the effective
8date of Public Act 100-23), notwithstanding any other
9provision of this Code to the contrary, is entitled to a
10retirement annuity under Article 8 or Article 11 upon written
11application if he or she has attained age 65 and has at least
1210 years of service credit and is otherwise eligible under the
13requirements of Article 8 or Article 11 of this Code,
14whichever is applicable.
15    (d) The retirement annuity of a member or participant who
16is retiring after attaining age 62 (age 60, with respect to
17service under Article 12 that is subject to this Section, for a
18member or participant under Article 12 who first becomes a
19member or participant under Article 12 on or after January 1,
202022 or who makes the election under item (i) of subsection
21(d-15) of this Section) with at least 10 years of service
22credit shall be reduced by one-half of 1% for each full month
23that the member's age is under age 67 (age 65, with respect to
24service under Article 12 that is subject to this Section, for a
25member or participant under Article 12 who first becomes a
26member or participant under Article 12 on or after January 1,

 

 

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12022 or who makes the election under item (i) of subsection
2(d-15) of this Section).
3    (d-5) The retirement annuity payable under Article 8 or
4Article 11 to an eligible person subject to subsection (c-5)
5of this Section who is retiring at age 60 with at least 10
6years of service credit shall be reduced by one-half of 1% for
7each full month that the member's age is under age 65.
8    (d-10) Each person who first became a member or
9participant under Article 8 or Article 11 of this Code on or
10after January 1, 2011 and prior to July 6, 2017 (the effective
11date of Public Act 100-23) this amendatory Act of the 100th
12General Assembly shall make an irrevocable election either:
13        (i) to be eligible for the reduced retirement age
14    provided in subsections (c-5) and (d-5) of this Section,
15    the eligibility for which is conditioned upon the member
16    or participant agreeing to the increases in employee
17    contributions for age and service annuities provided in
18    subsection (a-5) of Section 8-174 of this Code (for
19    service under Article 8) or subsection (a-5) of Section
20    11-170 of this Code (for service under Article 11); or
21        (ii) to not agree to item (i) of this subsection
22    (d-10), in which case the member or participant shall
23    continue to be subject to the retirement age provisions in
24    subsections (c) and (d) of this Section and the employee
25    contributions for age and service annuity as provided in
26    subsection (a) of Section 8-174 of this Code (for service

 

 

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1    under Article 8) or subsection (a) of Section 11-170 of
2    this Code (for service under Article 11).
3    The election provided for in this subsection shall be made
4between October 1, 2017 and November 15, 2017. A person
5subject to this subsection who makes the required election
6shall remain bound by that election. A person subject to this
7subsection who fails for any reason to make the required
8election within the time specified in this subsection shall be
9deemed to have made the election under item (ii).
10    (d-15) Each person who first becomes a member or
11participant under Article 12 on or after January 1, 2011 and
12prior to January 1, 2022 shall make an irrevocable election
13either:
14        (i) to be eligible for the reduced retirement age
15    specified in subsections (c) and (d) of this Section, the
16    eligibility for which is conditioned upon the member or
17    participant agreeing to the increase in employee
18    contributions for service annuities specified in
19    subsection (b) of Section 12-150; or
20        (ii) to not agree to item (i) of this subsection
21    (d-15), in which case the member or participant shall not
22    be eligible for the reduced retirement age specified in
23    subsections (c) and (d) of this Section and shall not be
24    subject to the increase in employee contributions for
25    service annuities specified in subsection (b) of Section
26    12-150.

 

 

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1    The election provided for in this subsection shall be made
2between January 1, 2022 and April 1, 2022. A person subject to
3this subsection who makes the required election shall remain
4bound by that election. A person subject to this subsection
5who fails for any reason to make the required election within
6the time specified in this subsection shall be deemed to have
7made the election under item (ii).
8    (e) Any retirement annuity or supplemental annuity shall
9be subject to annual increases on the January 1 occurring
10either on or after the attainment of age 67 (age 65, with
11respect to service under Article 12 that is subject to this
12Section, for a member or participant under Article 12 who
13first becomes a member or participant under Article 12 on or
14after January 1, 2022 or who makes the election under item (i)
15of subsection (d-15); and beginning on July 6, 2017 (the
16effective date of Public Act 100-23) this amendatory Act of
17the 100th General Assembly, age 65 with respect to service
18under Article 8 or Article 11 for eligible persons who: (i) are
19subject to subsection (c-5) of this Section; or (ii) made the
20election under item (i) of subsection (d-10) of this Section)
21or the first anniversary of the annuity start date, whichever
22is later. Each annual increase shall be calculated at 3% or
23one-half the annual unadjusted percentage increase (but not
24less than zero) in the consumer price index-u for the 12 months
25ending with the September preceding each November 1, whichever
26is less, of the originally granted retirement annuity. If the

 

 

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1annual unadjusted percentage change in the consumer price
2index-u for the 12 months ending with the September preceding
3each November 1 is zero or there is a decrease, then the
4annuity shall not be increased.
5    For the purposes of Section 1-103.1 of this Code, the
6changes made to this Section by Public Act 102-263 this
7amendatory Act of the 102nd General Assembly are applicable
8without regard to whether the employee was in active service
9on or after August 6, 2021 (the effective date of Public Act
10102-263) this amendatory Act of the 102nd General Assembly.
11    For the purposes of Section 1-103.1 of this Code, the
12changes made to this Section by Public Act 100-23 this
13amendatory Act of the 100th General Assembly are applicable
14without regard to whether the employee was in active service
15on or after July 6, 2017 (the effective date of Public Act
16100-23) this amendatory Act of the 100th General Assembly.
17    (f) The initial survivor's or widow's annuity of an
18otherwise eligible survivor or widow of a retired member or
19participant who first became a member or participant on or
20after January 1, 2011 shall be in the amount of 66 2/3% of the
21retired member's or participant's retirement annuity at the
22date of death. In the case of the death of a member or
23participant who has not retired and who first became a member
24or participant on or after January 1, 2011, eligibility for a
25survivor's or widow's annuity shall be determined by the
26applicable Article of this Code. The initial benefit shall be

 

 

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166 2/3% of the earned annuity without a reduction due to age. A
2child's annuity of an otherwise eligible child shall be in the
3amount prescribed under each Article if applicable. Any
4survivor's or widow's annuity shall be increased (1) on each
5January 1 occurring on or after the commencement of the
6annuity if the deceased member died while receiving a
7retirement annuity or (2) in other cases, on each January 1
8occurring after the first anniversary of the commencement of
9the annuity. Each annual increase shall be calculated at 3% or
10one-half the annual unadjusted percentage increase (but not
11less than zero) in the consumer price index-u for the 12 months
12ending with the September preceding each November 1, whichever
13is less, of the originally granted survivor's annuity. If the
14annual unadjusted percentage change in the consumer price
15index-u for the 12 months ending with the September preceding
16each November 1 is zero or there is a decrease, then the
17annuity shall not be increased.
18    (g) The benefits in Section 14-110 apply only if the
19person is a State policeman, a fire fighter in the fire
20protection service of a department, a conservation police
21officer, an investigator for the Secretary of State, an arson
22investigator, a Commerce Commission police officer,
23investigator for the Department of Revenue or the Illinois
24Gaming Board, a security employee of the Department of
25Corrections or the Department of Juvenile Justice, or a
26security employee of the Department of Innovation and

 

 

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1Technology, as those terms are defined in subsection (b) and
2subsection (c) of Section 14-110. A person who meets the
3requirements of this Section is entitled to an annuity
4calculated under the provisions of Section 14-110, in lieu of
5the regular or minimum retirement annuity, only if the person
6has withdrawn from service with not less than 20 years of
7eligible creditable service and has attained age 60,
8regardless of whether the attainment of age 60 occurs while
9the person is still in service.
10    (g-5) The benefits in Section 14-110 apply if the person
11is a State policeman, investigator for the Secretary of State,
12conservation police officer, investigator for the Department
13of Revenue or the Illinois Gaming Board, investigator for the
14Office of the Attorney General, Commerce Commission police
15officer, or arson investigator, as those terms are defined in
16subsection (b) and subsection (c) of Section 14-110. A person
17who meets the requirements of this Section is entitled to an
18annuity calculated under the provisions of Section 14-110, in
19lieu of the regular or minimum retirement annuity, only if the
20person has withdrawn from service with not less than 20 years
21of eligible creditable service and has attained age 55,
22regardless of whether the attainment of age 55 occurs while
23the person is still in service.
24    (h) If a person who first becomes a member or a participant
25of a retirement system or pension fund subject to this Section
26on or after January 1, 2011 is receiving a retirement annuity

 

 

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1or retirement pension under that system or fund and becomes a
2member or participant under any other system or fund created
3by this Code and is employed on a full-time basis, except for
4those members or participants exempted from the provisions of
5this Section under subsection (a) of this Section, then the
6person's retirement annuity or retirement pension under that
7system or fund shall be suspended during that employment. Upon
8termination of that employment, the person's retirement
9annuity or retirement pension payments shall resume and be
10recalculated if recalculation is provided for under the
11applicable Article of this Code.
12    If a person who first becomes a member of a retirement
13system or pension fund subject to this Section on or after
14January 1, 2012 and is receiving a retirement annuity or
15retirement pension under that system or fund and accepts on a
16contractual basis a position to provide services to a
17governmental entity from which he or she has retired, then
18that person's annuity or retirement pension earned as an
19active employee of the employer shall be suspended during that
20contractual service. A person receiving an annuity or
21retirement pension under this Code shall notify the pension
22fund or retirement system from which he or she is receiving an
23annuity or retirement pension, as well as his or her
24contractual employer, of his or her retirement status before
25accepting contractual employment. A person who fails to submit
26such notification shall be guilty of a Class A misdemeanor and

 

 

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1required to pay a fine of $1,000. Upon termination of that
2contractual employment, the person's retirement annuity or
3retirement pension payments shall resume and, if appropriate,
4be recalculated under the applicable provisions of this Code.
5    (i) (Blank).
6    (j) In the case of a conflict between the provisions of
7this Section and any other provision of this Code, the
8provisions of this Section shall control.
9(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
10102-210, eff. 1-1-22; 102-263, eff. 8-6-21; revised 9-28-21.)
 
11    Section 15. The Law Enforcement Intern Training Act is
12amended by adding Section 24 as follows:
 
13    (50 ILCS 708/24 new)
14    Sec. 24. Transfer credits from public institutions of
15higher education.
16    (a) As used in this Section, "public institutions of
17higher education" has the meaning ascribed to that term in the
18Board of Higher Education Act.
19    (b) The Board shall collaborate with the Illinois
20Community College Board and the Board of Higher Education to
21create a report with recommendations to the General Assembly
22for establishing minimum requirements for credits that may
23transfer from public institutions of higher education to
24satisfy the requirements of law enforcement and correctional

 

 

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1intern courses under this Act.
2    (c) The report shall be submitted to the General Assembly
3no later than July 1, 2023.
 
4    Section 20. The Counties Code is amended by adding Section
53-6042 as follows:
 
6    (55 ILCS 5/3-6042 new)
7    Sec. 3-6042. Retiring employee; purchase of service
8firearm and badge. Each Sheriff shall establish a program to
9allow an employee of the Sheriff's Department who is honorably
10retiring in good standing to purchase either one or both of the
11following: (1) any badge previously issued to the employee by
12the Sheriff's Department; or (2) if the employee has a
13currently valid Firearm Owner's Identification Card, the
14service firearm issued or previously issued to the employee by
15the Sheriff's Department. The badge must be permanently and
16conspicuously marked in such a manner that the individual who
17possesses the badge is not mistaken for an actively serving
18law enforcement officer. The cost of the firearm shall be the
19replacement value of the firearm and not the firearm's fair
20market value.
 
21    Section 25. The Illinois Gambling Act is amended by adding
22Section 5.4 as follows:
 

 

 

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1    (230 ILCS 10/5.4 new)
2    Sec. 5.4. Retiring investigators; purchase of service
3firearm and badge. The Board shall establish a program to
4allow an investigator appointed under paragraph (20.6) of
5subsection (c) of Section 4 who is honorably retiring in good
6standing to purchase either one or both of the following: (1)
7any badge previously issued to the investigator by the Board;
8or (2) if the investigator has a currently valid Firearm
9Owner's Identification Card, the service firearm issued or
10previously issued to the investigator by the Board. The badge
11must be permanently and conspicuously marked in such a manner
12that the individual who possesses the badge is not mistaken
13for an actively serving law enforcement officer. The cost of
14the firearm shall be the replacement value of the firearm and
15not the firearm's fair market value.
 
16    Section 30. The Unified Code of Corrections is amended by
17adding Section 3-2-10.5 as follows:
 
18    (730 ILCS 5/3-2-10.5 new)
19    Sec. 3-2-10.5. Retiring security employees and parole
20agents; purchase of service firearm and badge. The Director
21shall establish a program to allow a security employee or
22parole agent of the Department who is honorably retiring in
23good standing to purchase either one or both of the following:
24(1) any badge previously issued to the security employee or

 

 

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1parole agent by the Department; or (2) if the security
2employee or parole agent has a currently valid Firearm Owner's
3Identification Card, the service firearm issued or previously
4issued to the security employee or parole agent by the
5Department. The badge must be permanently and conspicuously
6marked in such a manner that the individual who possesses the
7badge is not mistaken for an actively serving law enforcement
8officer. The cost of the firearm shall be the replacement
9value of the firearm and not the firearm's fair market value.
 
10    Section 35. The Probation and Probation Officers Act is
11amended by adding Section 15.2 as follows:
 
12    (730 ILCS 110/15.2 new)
13    Sec. 15.2. Retiring probation officer; purchase of service
14firearm and badge. Each department shall establish a program
15to allow a probation officer of the department who is
16honorably retiring in good standing to purchase either one or
17both of the following: (1) any badge previously issued to the
18probation officer by the department; or (2) if the probation
19officer has a currently valid Firearm Owner's Identification
20Card, the service firearm issued or previously issued to the
21probation officer by the department. The badge must be
22permanently and conspicuously marked in such a manner that the
23individual who possesses the badge is not mistaken for an
24actively serving law enforcement officer. The cost of the

 

 

10200HB1568sam002- 19 -LRB102 03599 AWJ 38896 a

1firearm shall be the replacement value of the firearm and not
2the firearm's fair market value.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law, except that Section 15 takes effect January 1,
52023.".