Full Text of HB5211 103rd General Assembly
HB5211 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5211 Introduced 2/9/2024, by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: | | | Amends the Illinois Pension Code. With respect to persons who, on or after January 1, 2011, become participants or members under the Downstate Police, Downstate Firefighter, Chicago Police, Chicago Firefighter, Illinois Municipal Retirement Fund (IMRF), Chicago Municipal, Cook County, Cook County Forest Preserve, Chicago Laborers, Chicago Park District, and Metropolitan Water Reclamation District (MWRD) Articles of the Code, provides that, beginning on January 1, 2025 for all purposes under the Code (including, without limitation, the calculation of benefits and employee contributions) the annual earnings, salary, or wages (based on the plan year) of a member or participant shall not exceed the Social Security wage base for the applicable plan year. Provides that a participant or member shall be entitled to a retirement annuity upon written application if he or she: (1) has attained age 62, has at least 35 years of service credit, and is otherwise eligible under the requirements of the applicable Article; (2) has attained age 64, has at least 20 years of service credit, and is otherwise eligible under the requirements of the applicable Article; or (3) has attained age 67, has at least 10 years of service credit, and is otherwise eligible under the requirements of the applicable Article. Provides for a reduced annuity for persons who retire before reaching a specified age. Provides that any retirement annuity or supplemental annuity shall be subject to annual increases on January 1 beginning with the January following the member's or participant's first annuity payment date. Provides that the annual increase shall be calculated at 3% of the originally granted retirement annuity. Provides that the changes do not apply to the extent that the changes would result in an impairment or diminishment of a pension benefit. Provides that the changes are intended to be retroactive to January 1, 2011. Makes conforming changes. Amends the State Mandates Act to require implementation without reimbursement. |
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| | 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 | 5 | | changing Section 1-160 and by adding Sections 1-103.4, 1-163, | 6 | | 3-153, 4-145, 5-239, 6-231, 7-226, 8-251.5, 9-242, 10-110, | 7 | | 11-233, 12-196, and 13-217 as follows: | 8 | | (40 ILCS 5/1-103.4 new) | 9 | | Sec. 1-103.4. Application of this amendatory Act of the | 10 | | 103rd General Assembly. The changes made by this amendatory | 11 | | Act of the 103rd General Assembly are intended to be | 12 | | retroactive to January 1, 2011 and are applicable without | 13 | | regard to whether a member or participant was in active | 14 | | service on or after the effective date of this amendatory Act | 15 | | of the 103rd General Assembly, notwithstanding Section | 16 | | 1-103.1. | 17 | | (40 ILCS 5/1-160) | 18 | | (Text of Section from P.A. 102-719) | 19 | | Sec. 1-160. Provisions applicable to new hires. | 20 | | (a) The provisions of this Section apply to a person who, | 21 | | on or after January 1, 2011, first becomes a member or a | 22 | | participant under any reciprocal retirement system or pension |
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| 1 | | fund established under this Code, other than a retirement | 2 | | system or pension fund established under Article 2, 3, 4, 5, 6, | 3 | | 7, 15, or 18 of this Code, notwithstanding any other provision | 4 | | of this Code to the contrary, but do not apply to any | 5 | | self-managed plan established under this Code or to any | 6 | | participant of the retirement plan established under Section | 7 | | 22-101; except that this Section applies to a person who | 8 | | elected to establish alternative credits by electing in | 9 | | writing after January 1, 2011, but before August 8, 2011, | 10 | | under Section 7-145.1 of this Code. Notwithstanding anything | 11 | | to the contrary in this Section, for purposes of this Section, | 12 | | a person who is a Tier 1 regular employee as defined in Section | 13 | | 7-109.4 of this Code or who participated in a retirement | 14 | | system under Article 15 prior to January 1, 2011 shall be | 15 | | deemed a person who first became a member or participant prior | 16 | | to January 1, 2011 under any retirement system or pension fund | 17 | | subject to this Section. The changes made to this Section by | 18 | | Public Act 98-596 are a clarification of existing law and are | 19 | | intended to be retroactive to January 1, 2011 (the effective | 20 | | date of Public Act 96-889), notwithstanding the provisions of | 21 | | Section 1-103.1 of this Code. | 22 | | This Section does not apply to a person who first becomes a | 23 | | noncovered employee under Article 14 on or after the | 24 | | implementation date of the plan created under Section 1-161 | 25 | | for that Article, unless that person elects under subsection | 26 | | (b) of Section 1-161 to instead receive the benefits provided |
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| 1 | | under this Section and the applicable provisions of that | 2 | | Article. | 3 | | This Section does not apply to a person who first becomes a | 4 | | member or participant under Article 16 on or after the | 5 | | implementation date of the plan created under Section 1-161 | 6 | | for that Article, unless that person elects under subsection | 7 | | (b) of Section 1-161 to instead receive the benefits provided | 8 | | under this Section and the applicable provisions of that | 9 | | Article. | 10 | | This Section does not apply to a person who elects under | 11 | | subsection (c-5) of Section 1-161 to receive the benefits | 12 | | under Section 1-161. | 13 | | This Section does not apply to a person who first becomes a | 14 | | member or participant of an affected pension fund on or after 6 | 15 | | months after the resolution or ordinance date, as defined in | 16 | | Section 1-162, unless that person elects under subsection (c) | 17 | | of Section 1-162 to receive the benefits provided under this | 18 | | Section and the applicable provisions of the Article under | 19 | | which he or she is a member or participant. | 20 | | (b) "Final average salary" means, except as otherwise | 21 | | provided in this subsection, the average monthly (or annual) | 22 | | salary obtained by dividing the total salary or earnings | 23 | | calculated under the Article applicable to the member or | 24 | | participant during the 96 consecutive months (or 8 consecutive | 25 | | years) of service within the last 120 months (or 10 years) of | 26 | | service in which the total salary or earnings calculated under |
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| 1 | | the applicable Article was the highest by the number of months | 2 | | (or years) of service in that period. For the purposes of a | 3 | | person who first becomes a member or participant of any | 4 | | retirement system or pension fund to which this Section | 5 | | applies on or after January 1, 2011, in this Code, "final | 6 | | average salary" shall be substituted for the following: | 7 | | (1) (Blank). | 8 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 9 | | annual salary for any 4 consecutive years within the last | 10 | | 10 years of service immediately preceding the date of | 11 | | withdrawal". | 12 | | (3) In Article 13, "average final salary". | 13 | | (4) In Article 14, "final average compensation". | 14 | | (5) In Article 17, "average salary". | 15 | | (6) In Section 22-207, "wages or salary received by | 16 | | him at the date of retirement or discharge". | 17 | | A member of the Teachers' Retirement System of the State | 18 | | of Illinois who retires on or after June 1, 2021 and for whom | 19 | | the 2020-2021 school year is used in the calculation of the | 20 | | member's final average salary shall use the higher of the | 21 | | following for the purpose of determining the member's final | 22 | | average salary: | 23 | | (A) the amount otherwise calculated under the first | 24 | | paragraph of this subsection; or | 25 | | (B) an amount calculated by the Teachers' Retirement | 26 | | System of the State of Illinois using the average of the |
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| 1 | | monthly (or annual) salary obtained by dividing the total | 2 | | salary or earnings calculated under Article 16 applicable | 3 | | to the member or participant during the 96 months (or 8 | 4 | | years) of service within the last 120 months (or 10 years) | 5 | | of service in which the total salary or earnings | 6 | | calculated under the Article was the highest by the number | 7 | | of months (or years) of service in that period. | 8 | | (b-5) Beginning on January 1, 2011, for all purposes under | 9 | | this Code (including without limitation the calculation of | 10 | | benefits and employee contributions), the annual earnings, | 11 | | salary, or wages (based on the plan year) of a member or | 12 | | participant to whom this Section applies shall not exceed | 13 | | $106,800; however, that amount shall annually thereafter be | 14 | | increased by the lesser of (i) 3% of that amount, including all | 15 | | previous adjustments, or (ii) one-half the annual unadjusted | 16 | | percentage increase (but not less than zero) in the consumer | 17 | | price index-u for the 12 months ending with the September | 18 | | preceding each November 1, including all previous adjustments. | 19 | | For the purposes of this Section, "consumer price index-u" | 20 | | means the index published by the Bureau of Labor Statistics of | 21 | | the United States Department of Labor that measures the | 22 | | average change in prices of goods and services purchased by | 23 | | all urban consumers, United States city average, all items, | 24 | | 1982-84 = 100. The new amount resulting from each annual | 25 | | adjustment shall be determined by the Public Pension Division | 26 | | of the Department of Insurance and made available to the |
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| 1 | | boards of the retirement systems and pension funds by November | 2 | | 1 of each year. | 3 | | (b-10) Beginning on January 1, 2024, for all purposes | 4 | | under this Code (including, without limitation, the | 5 | | calculation of benefits and employee contributions), the | 6 | | annual earnings, salary, or wages (based on the plan year) of a | 7 | | member or participant under Article 9 to whom this Section | 8 | | applies shall include an annual earnings, salary, or wage cap | 9 | | that tracks the Social Security wage base. Maximum annual | 10 | | earnings, wages, or salary shall be the annual contribution | 11 | | and benefit base established for the applicable year by the | 12 | | Commissioner of the Social Security Administration under the | 13 | | federal Social Security Act. | 14 | | However, in no event shall the annual earnings, salary, or | 15 | | wages for the purposes of this Article and Article 9 exceed any | 16 | | limitation imposed on annual earnings, salary, or wages under | 17 | | Section 1-117. Under no circumstances shall the maximum amount | 18 | | of annual earnings, salary, or wages be greater than the | 19 | | amount set forth in this subsection (b-10) as a result of | 20 | | reciprocal service or any provisions regarding reciprocal | 21 | | services, nor shall the Fund under Article 9 be required to pay | 22 | | any refund as a result of the application of this maximum | 23 | | annual earnings, salary, and wage cap. | 24 | | Nothing in this subsection (b-10) shall cause or otherwise | 25 | | result in any retroactive adjustment of any employee | 26 | | contributions. Nothing in this subsection (b-10) shall cause |
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| 1 | | or otherwise result in any retroactive adjustment of | 2 | | disability or other payments made between January 1, 2011 and | 3 | | January 1, 2024. | 4 | | (c) A member or participant is entitled to a retirement | 5 | | annuity upon written application if he or she has attained age | 6 | | 67 (age 65, with respect to service under Article 12 that is | 7 | | subject to this Section, for a member or participant under | 8 | | Article 12 who first becomes a member or participant under | 9 | | Article 12 on or after January 1, 2022 or who makes the | 10 | | election under item (i) of subsection (d-15) of this Section) | 11 | | and has at least 10 years of service credit and is otherwise | 12 | | eligible under the requirements of the applicable Article. | 13 | | A member or participant who has attained age 62 (age 60, | 14 | | with respect to service under Article 12 that is subject to | 15 | | this Section, for a member or participant under Article 12 who | 16 | | first becomes a member or participant under Article 12 on or | 17 | | after January 1, 2022 or who makes the election under item (i) | 18 | | of subsection (d-15) of this Section) and has at least 10 years | 19 | | of service credit and is otherwise eligible under the | 20 | | requirements of the applicable Article may elect to receive | 21 | | the lower retirement annuity provided in subsection (d) of | 22 | | this Section. | 23 | | (c-5) (Blank) A person who first becomes a member or a | 24 | | participant subject to this Section on or after July 6, 2017 | 25 | | (the effective date of Public Act 100-23), notwithstanding any | 26 | | other provision of this Code to the contrary, is entitled to a |
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| 1 | | retirement annuity under Article 8 or Article 11 upon written | 2 | | application if he or she has attained age 65 and has at least | 3 | | 10 years of service credit and is otherwise eligible under the | 4 | | requirements of Article 8 or Article 11 of this Code, | 5 | | whichever is applicable . | 6 | | (d) The retirement annuity of a member or participant who | 7 | | is retiring after attaining age 62 (age 60, with respect to | 8 | | service under Article 12 that is subject to this Section, for a | 9 | | member or participant under Article 12 who first becomes a | 10 | | member or participant under Article 12 on or after January 1, | 11 | | 2022 or who makes the election under item (i) of subsection | 12 | | (d-15) of this Section) with at least 10 years of service | 13 | | credit shall be reduced by one-half of 1% for each full month | 14 | | that the member's age is under age 67 (age 65, with respect to | 15 | | service under Article 12 that is subject to this Section, for a | 16 | | member or participant under Article 12 who first becomes a | 17 | | member or participant under Article 12 on or after January 1, | 18 | | 2022 or who makes the election under item (i) of subsection | 19 | | (d-15) of this Section). | 20 | | (d-5) (Blank). The retirement annuity payable under | 21 | | Article 8 or Article 11 to an eligible person subject to | 22 | | subsection (c-5) of this Section who is retiring at age 60 with | 23 | | at least 10 years of service credit shall be reduced by | 24 | | one-half of 1% for each full month that the member's age is | 25 | | under age 65. | 26 | | (d-10) Each person who first became a member or |
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| 1 | | participant under Article 8 or Article 11 of this Code on or | 2 | | after January 1, 2011 and prior to July 6, 2017 (the effective | 3 | | date of Public Act 100-23) shall make an irrevocable election | 4 | | either: | 5 | | (i) to be eligible for the reduced retirement age | 6 | | provided in subsections (c-5) and (d-5) of this Section, | 7 | | the eligibility for which is conditioned upon the member | 8 | | or participant agreeing to the increases in employee | 9 | | contributions for age and service annuities provided in | 10 | | subsection (a-5) of Section 8-174 of this Code (for | 11 | | service under Article 8) or subsection (a-5) of Section | 12 | | 11-170 of this Code (for service under Article 11); or | 13 | | (ii) to not agree to item (i) of this subsection | 14 | | (d-10), in which case the member or participant shall | 15 | | continue to be subject to the retirement age provisions in | 16 | | subsections (c) and (d) of this Section and the employee | 17 | | contributions for age and service annuity as provided in | 18 | | subsection (a) of Section 8-174 of this Code (for service | 19 | | under Article 8) or subsection (a) of Section 11-170 of | 20 | | this Code (for service under Article 11). | 21 | | The election provided for in this subsection shall be made | 22 | | between October 1, 2017 and November 15, 2017. A person | 23 | | subject to this subsection who makes the required election | 24 | | shall remain bound by that election , except that an election | 25 | | made under this subsection is rescinded by operation of law | 26 | | and such person is subject to the provisions otherwise |
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| 1 | | applicable to a participant who first become a participant | 2 | | under Article 8 or Article 11 on or after January 1, 2011 . A | 3 | | person subject to this subsection who fails for any reason to | 4 | | make the required election within the time specified in this | 5 | | subsection shall be deemed to have made the election under | 6 | | item (ii). | 7 | | (d-15) Each person who first becomes a member or | 8 | | participant under Article 12 on or after January 1, 2011 and | 9 | | prior to January 1, 2022 shall make an irrevocable election | 10 | | either: | 11 | | (i) to be eligible for the reduced retirement age | 12 | | specified in subsections (c) and (d) of this Section, the | 13 | | eligibility for which is conditioned upon the member or | 14 | | participant agreeing to the increase in employee | 15 | | contributions for service annuities specified in | 16 | | subsection (b) of Section 12-150; or | 17 | | (ii) to not agree to item (i) of this subsection | 18 | | (d-15), in which case the member or participant shall not | 19 | | be eligible for the reduced retirement age specified in | 20 | | subsections (c) and (d) of this Section and shall not be | 21 | | subject to the increase in employee contributions for | 22 | | service annuities specified in subsection (b) of Section | 23 | | 12-150. | 24 | | The election provided for in this subsection shall be made | 25 | | between January 1, 2022 and April 1, 2022. A person subject to | 26 | | this subsection who makes the required election shall remain |
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| 1 | | bound by that election , except that an election made under | 2 | | this subsection is rescinded by operation of law and such | 3 | | person is subject to the provisions otherwise applicable to a | 4 | | participant who first become a participant under Article 12 on | 5 | | or after January 1, 2011 . A person subject to this subsection | 6 | | who fails for any reason to make the required election within | 7 | | the time specified in this subsection shall be deemed to have | 8 | | made the election under item (ii). | 9 | | (e) Any retirement annuity or supplemental annuity shall | 10 | | be subject to annual increases on the January 1 occurring | 11 | | either on or after the attainment of age 67 (age 65, with | 12 | | respect to service under Article 12 that is subject to this | 13 | | Section, for a member or participant under Article 12 who | 14 | | first becomes a member or participant under Article 12 on or | 15 | | after January 1, 2022 or who makes the election under item (i) | 16 | | of subsection (d-15); and beginning on July 6, 2017 (the | 17 | | effective date of Public Act 100-23), age 65 with respect to | 18 | | service under Article 8 or Article 11 for eligible persons | 19 | | who: (i) are subject to subsection (c-5) of this Section; or | 20 | | (ii) made the election under item (i) of subsection (d-10) of | 21 | | this Section) or the first anniversary of the annuity start | 22 | | date, whichever is later. Each annual increase shall be | 23 | | calculated at 3% or one-half the annual unadjusted percentage | 24 | | increase (but not less than zero) in the consumer price | 25 | | index-u for the 12 months ending with the September preceding | 26 | | each November 1, whichever is less, of the originally granted |
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| 1 | | retirement annuity. If the annual unadjusted percentage change | 2 | | in the consumer price index-u for the 12 months ending with the | 3 | | September preceding each November 1 is zero or there is a | 4 | | decrease, then the annuity shall not be increased. | 5 | | For the purposes of Section 1-103.1 of this Code, the | 6 | | changes made to this Section by Public Act 102-263 are | 7 | | applicable without regard to whether the employee was in | 8 | | active service on or after August 6, 2021 (the effective date | 9 | | of Public Act 102-263). | 10 | | For the purposes of Section 1-103.1 of this Code, the | 11 | | changes made to this Section by Public Act 100-23 are | 12 | | applicable without regard to whether the employee was in | 13 | | active service on or after July 6, 2017 (the effective date of | 14 | | Public Act 100-23). | 15 | | (f) The initial survivor's or widow's annuity of an | 16 | | otherwise eligible survivor or widow of a retired member or | 17 | | participant who first became a member or participant on or | 18 | | after January 1, 2011 shall be in the amount of 66 2/3% of the | 19 | | retired member's or participant's retirement annuity at the | 20 | | date of death. In the case of the death of a member or | 21 | | participant who has not retired and who first became a member | 22 | | or participant on or after January 1, 2011, eligibility for a | 23 | | survivor's or widow's annuity shall be determined by the | 24 | | applicable Article of this Code. The initial benefit shall be | 25 | | 66 2/3% of the earned annuity without a reduction due to age. A | 26 | | child's annuity of an otherwise eligible child shall be in the |
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| 1 | | amount prescribed under each Article if applicable. Any | 2 | | survivor's or widow's annuity shall be increased (1) on each | 3 | | January 1 occurring on or after the commencement of the | 4 | | annuity if the deceased member died while receiving a | 5 | | retirement annuity or (2) in other cases, on each January 1 | 6 | | occurring after the first anniversary of the commencement of | 7 | | the annuity. Each annual increase shall be calculated at 3% or | 8 | | one-half the annual unadjusted percentage increase (but not | 9 | | less than zero) in the consumer price index-u for the 12 months | 10 | | ending with the September preceding each November 1, whichever | 11 | | is less, of the originally granted survivor's annuity. If the | 12 | | annual unadjusted percentage change in the consumer price | 13 | | index-u for the 12 months ending with the September preceding | 14 | | each November 1 is zero or there is a decrease, then the | 15 | | annuity shall not be increased. | 16 | | (g) The benefits in Section 14-110 apply if the person is a | 17 | | fire fighter in the fire protection service of a department, a | 18 | | security employee of the Department of Corrections or the | 19 | | Department of Juvenile Justice, or a security employee of the | 20 | | Department of Innovation and Technology, as those terms are | 21 | | defined in subsection (b) and subsection (c) of Section | 22 | | 14-110. A person who meets the requirements of this Section is | 23 | | entitled to an annuity calculated under the provisions of | 24 | | Section 14-110, in lieu of the regular or minimum retirement | 25 | | annuity, only if the person has withdrawn from service with | 26 | | not less than 20 years of eligible creditable service and has |
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| 1 | | attained age 60, regardless of whether the attainment of age | 2 | | 60 occurs while the person is still in service. | 3 | | (g-5) The benefits in Section 14-110 apply if the person | 4 | | is a State policeman, investigator for the Secretary of State, | 5 | | conservation police officer, investigator for the Department | 6 | | of Revenue or the Illinois Gaming Board, investigator for the | 7 | | Office of the Attorney General, Commerce Commission police | 8 | | officer, or arson investigator, as those terms are defined in | 9 | | subsection (b) and subsection (c) of Section 14-110. A person | 10 | | who meets the requirements of this Section is entitled to an | 11 | | annuity calculated under the provisions of Section 14-110, in | 12 | | lieu of the regular or minimum retirement annuity, only if the | 13 | | person has withdrawn from service with not less than 20 years | 14 | | of eligible creditable service and has attained age 55, | 15 | | regardless of whether the attainment of age 55 occurs while | 16 | | the person is still in service. | 17 | | (h) If a person who first becomes a member or a participant | 18 | | of a retirement system or pension fund subject to this Section | 19 | | on or after January 1, 2011 is receiving a retirement annuity | 20 | | or retirement pension under that system or fund and becomes a | 21 | | member or participant under any other system or fund created | 22 | | by this Code and is employed on a full-time basis, except for | 23 | | those members or participants exempted from the provisions of | 24 | | this Section under subsection (a) of this Section, then the | 25 | | person's retirement annuity or retirement pension under that | 26 | | system or fund shall be suspended during that employment. Upon |
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| 1 | | termination of that employment, the person's retirement | 2 | | annuity or retirement pension payments shall resume and be | 3 | | recalculated if recalculation is provided for under the | 4 | | applicable Article of this Code. | 5 | | If a person who first becomes a member of a retirement | 6 | | system or pension fund subject to this Section on or after | 7 | | January 1, 2012 and is receiving a retirement annuity or | 8 | | retirement pension under that system or fund and accepts on a | 9 | | contractual basis a position to provide services to a | 10 | | governmental entity from which he or she has retired, then | 11 | | that person's annuity or retirement pension earned as an | 12 | | active employee of the employer shall be suspended during that | 13 | | contractual service. A person receiving an annuity or | 14 | | retirement pension under this Code shall notify the pension | 15 | | fund or retirement system from which he or she is receiving an | 16 | | annuity or retirement pension, as well as his or her | 17 | | contractual employer, of his or her retirement status before | 18 | | accepting contractual employment. A person who fails to submit | 19 | | such notification shall be guilty of a Class A misdemeanor and | 20 | | required to pay a fine of $1,000. Upon termination of that | 21 | | contractual employment, the person's retirement annuity or | 22 | | retirement pension payments shall resume and, if appropriate, | 23 | | be recalculated under the applicable provisions of this Code. | 24 | | (i) (Blank). | 25 | | (j) Except for conflicts between this Section and Section | 26 | | 1-163, in In the case of a conflict between the provisions of |
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| 1 | | this Section and any other provision of this Code, the | 2 | | provisions of this Section shall control. | 3 | | (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | 4 | | 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-719, eff. | 5 | | 5-6-22.) | 6 | | (Text of Section from P.A. 102-813) | 7 | | Sec. 1-160. Provisions applicable to new hires. | 8 | | (a) The provisions of this Section apply to a person who, | 9 | | on or after January 1, 2011, first becomes a member or a | 10 | | participant under any reciprocal retirement system or pension | 11 | | fund established under this Code, other than a retirement | 12 | | system or pension fund established under Article 2, 3, 4, 5, 6, | 13 | | 7, 15, or 18 of this Code, notwithstanding any other provision | 14 | | of this Code to the contrary, but do not apply to any | 15 | | self-managed plan established under this Code or to any | 16 | | participant of the retirement plan established under Section | 17 | | 22-101; except that this Section applies to a person who | 18 | | elected to establish alternative credits by electing in | 19 | | writing after January 1, 2011, but before August 8, 2011, | 20 | | under Section 7-145.1 of this Code. Notwithstanding anything | 21 | | to the contrary in this Section, for purposes of this Section, | 22 | | a person who is a Tier 1 regular employee as defined in Section | 23 | | 7-109.4 of this Code or who participated in a retirement | 24 | | system under Article 15 prior to January 1, 2011 shall be | 25 | | deemed a person who first became a member or participant prior |
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| 1 | | to January 1, 2011 under any retirement system or pension fund | 2 | | subject to this Section. The changes made to this Section by | 3 | | Public Act 98-596 are a clarification of existing law and are | 4 | | intended to be retroactive to January 1, 2011 (the effective | 5 | | date of Public Act 96-889), notwithstanding the provisions of | 6 | | Section 1-103.1 of this Code. | 7 | | This Section does not apply to a person who first becomes a | 8 | | noncovered employee under Article 14 on or after the | 9 | | implementation date of the plan created under Section 1-161 | 10 | | for that Article, unless that person elects under subsection | 11 | | (b) of Section 1-161 to instead receive the benefits provided | 12 | | under this Section and the applicable provisions of that | 13 | | Article. | 14 | | This Section does not apply to a person who first becomes a | 15 | | member or participant under Article 16 on or after the | 16 | | implementation date of the plan created under Section 1-161 | 17 | | for that Article, unless that person elects under subsection | 18 | | (b) of Section 1-161 to instead receive the benefits provided | 19 | | under this Section and the applicable provisions of that | 20 | | Article. | 21 | | This Section does not apply to a person who elects under | 22 | | subsection (c-5) of Section 1-161 to receive the benefits | 23 | | under Section 1-161. | 24 | | This Section does not apply to a person who first becomes a | 25 | | member or participant of an affected pension fund on or after 6 | 26 | | months after the resolution or ordinance date, as defined in |
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| 1 | | Section 1-162, unless that person elects under subsection (c) | 2 | | of Section 1-162 to receive the benefits provided under this | 3 | | Section and the applicable provisions of the Article under | 4 | | which he or she is a member or participant. | 5 | | (b) "Final average salary" means, except as otherwise | 6 | | provided in this subsection, the average monthly (or annual) | 7 | | salary obtained by dividing the total salary or earnings | 8 | | calculated under the Article applicable to the member or | 9 | | participant during the 96 consecutive months (or 8 consecutive | 10 | | years) of service within the last 120 months (or 10 years) of | 11 | | service in which the total salary or earnings calculated under | 12 | | the applicable Article was the highest by the number of months | 13 | | (or years) of service in that period. For the purposes of a | 14 | | person who first becomes a member or participant of any | 15 | | retirement system or pension fund to which this Section | 16 | | applies on or after January 1, 2011, in this Code, "final | 17 | | average salary" shall be substituted for the following: | 18 | | (1) (Blank). | 19 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 20 | | annual salary for any 4 consecutive years within the last | 21 | | 10 years of service immediately preceding the date of | 22 | | withdrawal". | 23 | | (3) In Article 13, "average final salary". | 24 | | (4) In Article 14, "final average compensation". | 25 | | (5) In Article 17, "average salary". | 26 | | (6) In Section 22-207, "wages or salary received by |
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| 1 | | him at the date of retirement or discharge". | 2 | | A member of the Teachers' Retirement System of the State | 3 | | of Illinois who retires on or after June 1, 2021 and for whom | 4 | | the 2020-2021 school year is used in the calculation of the | 5 | | member's final average salary shall use the higher of the | 6 | | following for the purpose of determining the member's final | 7 | | average salary: | 8 | | (A) the amount otherwise calculated under the first | 9 | | paragraph of this subsection; or | 10 | | (B) an amount calculated by the Teachers' Retirement | 11 | | System of the State of Illinois using the average of the | 12 | | monthly (or annual) salary obtained by dividing the total | 13 | | salary or earnings calculated under Article 16 applicable | 14 | | to the member or participant during the 96 months (or 8 | 15 | | years) of service within the last 120 months (or 10 years) | 16 | | of service in which the total salary or earnings | 17 | | calculated under the Article was the highest by the number | 18 | | of months (or years) of service in that period. | 19 | | (b-5) Beginning on January 1, 2011, for all purposes under | 20 | | this Code (including without limitation the calculation of | 21 | | benefits and employee contributions), the annual earnings, | 22 | | salary, or wages (based on the plan year) of a member or | 23 | | participant to whom this Section applies shall not exceed | 24 | | $106,800; however, that amount shall annually thereafter be | 25 | | increased by the lesser of (i) 3% of that amount, including all | 26 | | previous adjustments, or (ii) one-half the annual unadjusted |
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| 1 | | percentage increase (but not less than zero) in the consumer | 2 | | price index-u for the 12 months ending with the September | 3 | | preceding each November 1, including all previous adjustments. | 4 | | For the purposes of this Section, "consumer price index-u" | 5 | | means the index published by the Bureau of Labor Statistics of | 6 | | the United States Department of Labor that measures the | 7 | | average change in prices of goods and services purchased by | 8 | | all urban consumers, United States city average, all items, | 9 | | 1982-84 = 100. The new amount resulting from each annual | 10 | | adjustment shall be determined by the Public Pension Division | 11 | | of the Department of Insurance and made available to the | 12 | | boards of the retirement systems and pension funds by November | 13 | | 1 of each year. | 14 | | (b-10) Beginning on January 1, 2024, for all purposes | 15 | | under this Code (including, without limitation, the | 16 | | calculation of benefits and employee contributions), the | 17 | | annual earnings, salary, or wages (based on the plan year) of a | 18 | | member or participant under Article 9 to whom this Section | 19 | | applies shall include an annual earnings, salary, or wage cap | 20 | | that tracks the Social Security wage base. Maximum annual | 21 | | earnings, wages, or salary shall be the annual contribution | 22 | | and benefit base established for the applicable year by the | 23 | | Commissioner of the Social Security Administration under the | 24 | | federal Social Security Act. | 25 | | However, in no event shall the annual earnings, salary, or | 26 | | wages for the purposes of this Article and Article 9 exceed any |
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| 1 | | limitation imposed on annual earnings, salary, or wages under | 2 | | Section 1-117. Under no circumstances shall the maximum amount | 3 | | of annual earnings, salary, or wages be greater than the | 4 | | amount set forth in this subsection (b-10) as a result of | 5 | | reciprocal service or any provisions regarding reciprocal | 6 | | services, nor shall the Fund under Article 9 be required to pay | 7 | | any refund as a result of the application of this maximum | 8 | | annual earnings, salary, and wage cap. | 9 | | Nothing in this subsection (b-10) shall cause or otherwise | 10 | | result in any retroactive adjustment of any employee | 11 | | contributions. Nothing in this subsection (b-10) shall cause | 12 | | or otherwise result in any retroactive adjustment of | 13 | | disability or other payments made between January 1, 2011 and | 14 | | January 1, 2024. | 15 | | (c) A member or participant is entitled to a retirement | 16 | | annuity upon written application if he or she has attained age | 17 | | 67 (age 65, with respect to service under Article 12 that is | 18 | | subject to this Section, for a member or participant under | 19 | | Article 12 who first becomes a member or participant under | 20 | | Article 12 on or after January 1, 2022 or who makes the | 21 | | election under item (i) of subsection (d-15) of this Section) | 22 | | and has at least 10 years of service credit and is otherwise | 23 | | eligible under the requirements of the applicable Article. | 24 | | A member or participant who has attained age 62 (age 60, | 25 | | with respect to service under Article 12 that is subject to | 26 | | this Section, for a member or participant under Article 12 who |
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| 1 | | first becomes a member or participant under Article 12 on or | 2 | | after January 1, 2022 or who makes the election under item (i) | 3 | | of subsection (d-15) of this Section) and has at least 10 years | 4 | | of service credit and is otherwise eligible under the | 5 | | requirements of the applicable Article may elect to receive | 6 | | the lower retirement annuity provided in subsection (d) of | 7 | | this Section. | 8 | | (c-5) (Blank) A person who first becomes a member or a | 9 | | participant subject to this Section on or after July 6, 2017 | 10 | | (the effective date of Public Act 100-23), notwithstanding any | 11 | | other provision of this Code to the contrary, is entitled to a | 12 | | retirement annuity under Article 8 or Article 11 upon written | 13 | | application if he or she has attained age 65 and has at least | 14 | | 10 years of service credit and is otherwise eligible under the | 15 | | requirements of Article 8 or Article 11 of this Code, | 16 | | whichever is applicable . | 17 | | (d) The retirement annuity of a member or participant who | 18 | | is retiring after attaining age 62 (age 60, with respect to | 19 | | service under Article 12 that is subject to this Section, for a | 20 | | member or participant under Article 12 who first becomes a | 21 | | member or participant under Article 12 on or after January 1, | 22 | | 2022 or who makes the election under item (i) of subsection | 23 | | (d-15) of this Section) with at least 10 years of service | 24 | | credit shall be reduced by one-half of 1% for each full month | 25 | | that the member's age is under age 67 (age 65, with respect to | 26 | | service under Article 12 that is subject to this Section, for a |
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| 1 | | member or participant under Article 12 who first becomes a | 2 | | member or participant under Article 12 on or after January 1, | 3 | | 2022 or who makes the election under item (i) of subsection | 4 | | (d-15) of this Section). | 5 | | (d-5) (Blank). The retirement annuity payable under | 6 | | Article 8 or Article 11 to an eligible person subject to | 7 | | subsection (c-5) of this Section who is retiring at age 60 with | 8 | | at least 10 years of service credit shall be reduced by | 9 | | one-half of 1% for each full month that the member's age is | 10 | | under age 65. | 11 | | (d-10) Each person who first became a member or | 12 | | participant under Article 8 or Article 11 of this Code on or | 13 | | after January 1, 2011 and prior to July 6, 2017 (the effective | 14 | | date of Public Act 100-23) shall make an irrevocable election | 15 | | either: | 16 | | (i) to be eligible for the reduced retirement age | 17 | | provided in subsections (c-5) and (d-5) of this Section, | 18 | | the eligibility for which is conditioned upon the member | 19 | | or participant agreeing to the increases in employee | 20 | | contributions for age and service annuities provided in | 21 | | subsection (a-5) of Section 8-174 of this Code (for | 22 | | service under Article 8) or subsection (a-5) of Section | 23 | | 11-170 of this Code (for service under Article 11); or | 24 | | (ii) to not agree to item (i) of this subsection | 25 | | (d-10), in which case the member or participant shall | 26 | | continue to be subject to the retirement age provisions in |
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| 1 | | subsections (c) and (d) of this Section and the employee | 2 | | contributions for age and service annuity as provided in | 3 | | subsection (a) of Section 8-174 of this Code (for service | 4 | | under Article 8) or subsection (a) of Section 11-170 of | 5 | | this Code (for service under Article 11). | 6 | | The election provided for in this subsection shall be made | 7 | | between October 1, 2017 and November 15, 2017. A person | 8 | | subject to this subsection who makes the required election | 9 | | shall remain bound by that election , except that an election | 10 | | made under this subsection is rescinded by operation of law | 11 | | and such person is subject to the provisions otherwise | 12 | | applicable to a participant who first become a participant | 13 | | under Article 8 or Article 11 on or after January 1, 2011 . A | 14 | | person subject to this subsection who fails for any reason to | 15 | | make the required election within the time specified in this | 16 | | subsection shall be deemed to have made the election under | 17 | | item (ii). | 18 | | (d-15) Each person who first becomes a member or | 19 | | participant under Article 12 on or after January 1, 2011 and | 20 | | prior to January 1, 2022 shall make an irrevocable election | 21 | | either: | 22 | | (i) to be eligible for the reduced retirement age | 23 | | specified in subsections (c) and (d) of this Section, the | 24 | | eligibility for which is conditioned upon the member or | 25 | | participant agreeing to the increase in employee | 26 | | contributions for service annuities specified in |
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| 1 | | subsection (b) of Section 12-150; or | 2 | | (ii) to not agree to item (i) of this subsection | 3 | | (d-15), in which case the member or participant shall not | 4 | | be eligible for the reduced retirement age specified in | 5 | | subsections (c) and (d) of this Section and shall not be | 6 | | subject to the increase in employee contributions for | 7 | | service annuities specified in subsection (b) of Section | 8 | | 12-150. | 9 | | The election provided for in this subsection shall be made | 10 | | between January 1, 2022 and April 1, 2022. A person subject to | 11 | | this subsection who makes the required election shall remain | 12 | | bound by that election , except that an election made under | 13 | | this subsection is rescinded by operation of law and such | 14 | | person is subject to the provisions otherwise applicable to a | 15 | | participant who first become a participant under Article 12 on | 16 | | or after January 1, 2011 . A person subject to this subsection | 17 | | who fails for any reason to make the required election within | 18 | | the time specified in this subsection shall be deemed to have | 19 | | made the election under item (ii). | 20 | | (e) Any retirement annuity or supplemental annuity shall | 21 | | be subject to annual increases on the January 1 occurring | 22 | | either on or after the attainment of age 67 (age 65, with | 23 | | respect to service under Article 12 that is subject to this | 24 | | Section, for a member or participant under Article 12 who | 25 | | first becomes a member or participant under Article 12 on or | 26 | | after January 1, 2022 or who makes the election under item (i) |
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| 1 | | of subsection (d-15); and beginning on July 6, 2017 (the | 2 | | effective date of Public Act 100-23), age 65 with respect to | 3 | | service under Article 8 or Article 11 for eligible persons | 4 | | who: (i) are subject to subsection (c-5) of this Section; or | 5 | | (ii) made the election under item (i) of subsection (d-10) of | 6 | | this Section) or the first anniversary of the annuity start | 7 | | date, whichever is later. Each annual increase shall be | 8 | | calculated at 3% or one-half the annual unadjusted percentage | 9 | | increase (but not less than zero) in the consumer price | 10 | | index-u for the 12 months ending with the September preceding | 11 | | each November 1, whichever is less, of the originally granted | 12 | | retirement annuity. If the annual unadjusted percentage change | 13 | | in the consumer price index-u for the 12 months ending with the | 14 | | September preceding each November 1 is zero or there is a | 15 | | decrease, then the annuity shall not be increased. | 16 | | For the purposes of Section 1-103.1 of this Code, the | 17 | | changes made to this Section by Public Act 102-263 are | 18 | | applicable without regard to whether the employee was in | 19 | | active service on or after August 6, 2021 (the effective date | 20 | | of Public Act 102-263). | 21 | | For the purposes of Section 1-103.1 of this Code, the | 22 | | changes made to this Section by Public Act 100-23 are | 23 | | applicable without regard to whether the employee was in | 24 | | active service on or after July 6, 2017 (the effective date of | 25 | | Public Act 100-23). | 26 | | (f) The initial survivor's or widow's annuity of an |
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| 1 | | otherwise eligible survivor or widow of a retired member or | 2 | | participant who first became a member or participant on or | 3 | | after January 1, 2011 shall be in the amount of 66 2/3% of the | 4 | | retired member's or participant's retirement annuity at the | 5 | | date of death. In the case of the death of a member or | 6 | | participant who has not retired and who first became a member | 7 | | or participant on or after January 1, 2011, eligibility for a | 8 | | survivor's or widow's annuity shall be determined by the | 9 | | applicable Article of this Code. The initial benefit shall be | 10 | | 66 2/3% of the earned annuity without a reduction due to age. A | 11 | | child's annuity of an otherwise eligible child shall be in the | 12 | | amount prescribed under each Article if applicable. Any | 13 | | survivor's or widow's annuity shall be increased (1) on each | 14 | | January 1 occurring on or after the commencement of the | 15 | | annuity if the deceased member died while receiving a | 16 | | retirement annuity or (2) in other cases, on each January 1 | 17 | | occurring after the first anniversary of the commencement of | 18 | | the annuity. Each annual increase shall be calculated at 3% or | 19 | | one-half the annual unadjusted percentage increase (but not | 20 | | less than zero) in the consumer price index-u for the 12 months | 21 | | ending with the September preceding each November 1, whichever | 22 | | is less, of the originally granted survivor's annuity. If the | 23 | | annual unadjusted percentage change in the consumer price | 24 | | index-u for the 12 months ending with the September preceding | 25 | | each November 1 is zero or there is a decrease, then the | 26 | | annuity shall not be increased. |
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| 1 | | (g) The benefits in Section 14-110 apply only if the | 2 | | person is a State policeman, a fire fighter in the fire | 3 | | protection service of a department, a conservation police | 4 | | officer, an investigator for the Secretary of State, an arson | 5 | | investigator, a Commerce Commission police officer, | 6 | | investigator for the Department of Revenue or the Illinois | 7 | | Gaming Board, a security employee of the Department of | 8 | | Corrections or the Department of Juvenile Justice, or a | 9 | | security employee of the Department of Innovation and | 10 | | Technology, as those terms are defined in subsection (b) and | 11 | | subsection (c) of Section 14-110. A person who meets the | 12 | | requirements of this Section is entitled to an annuity | 13 | | calculated under the provisions of Section 14-110, in lieu of | 14 | | the regular or minimum retirement annuity, only if the person | 15 | | has withdrawn from service with not less than 20 years of | 16 | | eligible creditable service and has attained age 60, | 17 | | regardless of whether the attainment of age 60 occurs while | 18 | | the person is still in service. | 19 | | (h) If a person who first becomes a member or a participant | 20 | | of a retirement system or pension fund subject to this Section | 21 | | on or after January 1, 2011 is receiving a retirement annuity | 22 | | or retirement pension under that system or fund and becomes a | 23 | | member or participant under any other system or fund created | 24 | | by this Code and is employed on a full-time basis, except for | 25 | | those members or participants exempted from the provisions of | 26 | | this Section under subsection (a) of this Section, then the |
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| 1 | | person's retirement annuity or retirement pension under that | 2 | | system or fund shall be suspended during that employment. Upon | 3 | | termination of that employment, the person's retirement | 4 | | annuity or retirement pension payments shall resume and be | 5 | | recalculated if recalculation is provided for under the | 6 | | applicable Article of this Code. | 7 | | If a person who first becomes a member of a retirement | 8 | | system or pension fund subject to this Section on or after | 9 | | January 1, 2012 and is receiving a retirement annuity or | 10 | | retirement pension under that system or fund and accepts on a | 11 | | contractual basis a position to provide services to a | 12 | | governmental entity from which he or she has retired, then | 13 | | that person's annuity or retirement pension earned as an | 14 | | active employee of the employer shall be suspended during that | 15 | | contractual service. A person receiving an annuity or | 16 | | retirement pension under this Code shall notify the pension | 17 | | fund or retirement system from which he or she is receiving an | 18 | | annuity or retirement pension, as well as his or her | 19 | | contractual employer, of his or her retirement status before | 20 | | accepting contractual employment. A person who fails to submit | 21 | | such notification shall be guilty of a Class A misdemeanor and | 22 | | required to pay a fine of $1,000. Upon termination of that | 23 | | contractual employment, the person's retirement annuity or | 24 | | retirement pension payments shall resume and, if appropriate, | 25 | | be recalculated under the applicable provisions of this Code. | 26 | | (i) (Blank). |
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| 1 | | (j) Except for conflicts between this Section and Section | 2 | | 1-163, in In the case of a conflict between the provisions of | 3 | | this Section and any other provision of this Code, the | 4 | | provisions of this Section shall control. | 5 | | (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | 6 | | 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-813, eff. | 7 | | 5-13-22.) | 8 | | (Text of Section from P.A. 102-956) | 9 | | Sec. 1-160. Provisions applicable to new hires. | 10 | | (a) The provisions of this Section apply to a person who, | 11 | | on or after January 1, 2011, first becomes a member or a | 12 | | participant under any reciprocal retirement system or pension | 13 | | fund established under this Code, other than a retirement | 14 | | system or pension fund established under Article 2, 3, 4, 5, 6, | 15 | | 7, 15, or 18 of this Code, notwithstanding any other provision | 16 | | of this Code to the contrary, but do not apply to any | 17 | | self-managed plan established under this Code or to any | 18 | | participant of the retirement plan established under Section | 19 | | 22-101; except that this Section applies to a person who | 20 | | elected to establish alternative credits by electing in | 21 | | writing after January 1, 2011, but before August 8, 2011, | 22 | | under Section 7-145.1 of this Code. Notwithstanding anything | 23 | | to the contrary in this Section, for purposes of this Section, | 24 | | a person who is a Tier 1 regular employee as defined in Section | 25 | | 7-109.4 of this Code or who participated in a retirement |
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| 1 | | system under Article 15 prior to January 1, 2011 shall be | 2 | | deemed a person who first became a member or participant prior | 3 | | to January 1, 2011 under any retirement system or pension fund | 4 | | subject to this Section. The changes made to this Section by | 5 | | Public Act 98-596 are a clarification of existing law and are | 6 | | intended to be retroactive to January 1, 2011 (the effective | 7 | | date of Public Act 96-889), notwithstanding the provisions of | 8 | | Section 1-103.1 of this Code. | 9 | | This Section does not apply to a person who first becomes a | 10 | | noncovered employee under Article 14 on or after the | 11 | | implementation date of the plan created under Section 1-161 | 12 | | for that Article, unless that person elects under subsection | 13 | | (b) of Section 1-161 to instead receive the benefits provided | 14 | | under this Section and the applicable provisions of that | 15 | | Article. | 16 | | This Section does not apply to a person who first becomes a | 17 | | member or participant under Article 16 on or after the | 18 | | implementation date of the plan created under Section 1-161 | 19 | | for that Article, unless that person elects under subsection | 20 | | (b) of Section 1-161 to instead receive the benefits provided | 21 | | under this Section and the applicable provisions of that | 22 | | Article. | 23 | | This Section does not apply to a person who elects under | 24 | | subsection (c-5) of Section 1-161 to receive the benefits | 25 | | under Section 1-161. | 26 | | This Section does not apply to a person who first becomes a |
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| 1 | | member or participant of an affected pension fund on or after 6 | 2 | | months after the resolution or ordinance date, as defined in | 3 | | Section 1-162, unless that person elects under subsection (c) | 4 | | of Section 1-162 to receive the benefits provided under this | 5 | | Section and the applicable provisions of the Article under | 6 | | which he or she is a member or participant. | 7 | | (b) "Final average salary" means, except as otherwise | 8 | | provided in this subsection, the average monthly (or annual) | 9 | | salary obtained by dividing the total salary or earnings | 10 | | calculated under the Article applicable to the member or | 11 | | participant during the 96 consecutive months (or 8 consecutive | 12 | | years) of service within the last 120 months (or 10 years) of | 13 | | service in which the total salary or earnings calculated under | 14 | | the applicable Article was the highest by the number of months | 15 | | (or years) of service in that period. For the purposes of a | 16 | | person who first becomes a member or participant of any | 17 | | retirement system or pension fund to which this Section | 18 | | applies on or after January 1, 2011, in this Code, "final | 19 | | average salary" shall be substituted for the following: | 20 | | (1) (Blank). | 21 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 22 | | annual salary for any 4 consecutive years within the last | 23 | | 10 years of service immediately preceding the date of | 24 | | withdrawal". | 25 | | (3) In Article 13, "average final salary". | 26 | | (4) In Article 14, "final average compensation". |
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| 1 | | (5) In Article 17, "average salary". | 2 | | (6) In Section 22-207, "wages or salary received by | 3 | | him at the date of retirement or discharge". | 4 | | A member of the Teachers' Retirement System of the State | 5 | | of Illinois who retires on or after June 1, 2021 and for whom | 6 | | the 2020-2021 school year is used in the calculation of the | 7 | | member's final average salary shall use the higher of the | 8 | | following for the purpose of determining the member's final | 9 | | average salary: | 10 | | (A) the amount otherwise calculated under the first | 11 | | paragraph of this subsection; or | 12 | | (B) an amount calculated by the Teachers' Retirement | 13 | | System of the State of Illinois using the average of the | 14 | | monthly (or annual) salary obtained by dividing the total | 15 | | salary or earnings calculated under Article 16 applicable | 16 | | to the member or participant during the 96 months (or 8 | 17 | | years) of service within the last 120 months (or 10 years) | 18 | | of service in which the total salary or earnings | 19 | | calculated under the Article was the highest by the number | 20 | | of months (or years) of service in that period. | 21 | | (b-5) Beginning on January 1, 2011, for all purposes under | 22 | | this Code (including without limitation the calculation of | 23 | | benefits and employee contributions), the annual earnings, | 24 | | salary, or wages (based on the plan year) of a member or | 25 | | participant to whom this Section applies shall not exceed | 26 | | $106,800; however, that amount shall annually thereafter be |
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| 1 | | increased by the lesser of (i) 3% of that amount, including all | 2 | | previous adjustments, or (ii) one-half the annual unadjusted | 3 | | percentage increase (but not less than zero) in the consumer | 4 | | price index-u for the 12 months ending with the September | 5 | | preceding each November 1, including all previous adjustments. | 6 | | For the purposes of this Section, "consumer price index-u" | 7 | | means the index published by the Bureau of Labor Statistics of | 8 | | the United States Department of Labor that measures the | 9 | | average change in prices of goods and services purchased by | 10 | | all urban consumers, United States city average, all items, | 11 | | 1982-84 = 100. The new amount resulting from each annual | 12 | | adjustment shall be determined by the Public Pension Division | 13 | | of the Department of Insurance and made available to the | 14 | | boards of the retirement systems and pension funds by November | 15 | | 1 of each year. | 16 | | (b-10) Beginning on January 1, 2024, for all purposes | 17 | | under this Code (including, without limitation, the | 18 | | calculation of benefits and employee contributions), the | 19 | | annual earnings, salary, or wages (based on the plan year) of a | 20 | | member or participant under Article 9 to whom this Section | 21 | | applies shall include an annual earnings, salary, or wage cap | 22 | | that tracks the Social Security wage base. Maximum annual | 23 | | earnings, wages, or salary shall be the annual contribution | 24 | | and benefit base established for the applicable year by the | 25 | | Commissioner of the Social Security Administration under the | 26 | | federal Social Security Act. |
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| 1 | | However, in no event shall the annual earnings, salary, or | 2 | | wages for the purposes of this Article and Article 9 exceed any | 3 | | limitation imposed on annual earnings, salary, or wages under | 4 | | Section 1-117. Under no circumstances shall the maximum amount | 5 | | of annual earnings, salary, or wages be greater than the | 6 | | amount set forth in this subsection (b-10) as a result of | 7 | | reciprocal service or any provisions regarding reciprocal | 8 | | services, nor shall the Fund under Article 9 be required to pay | 9 | | any refund as a result of the application of this maximum | 10 | | annual earnings, salary, and wage cap. | 11 | | Nothing in this subsection (b-10) shall cause or otherwise | 12 | | result in any retroactive adjustment of any employee | 13 | | contributions. Nothing in this subsection (b-10) shall cause | 14 | | or otherwise result in any retroactive adjustment of | 15 | | disability or other payments made between January 1, 2011 and | 16 | | January 1, 2024. | 17 | | (c) A member or participant is entitled to a retirement | 18 | | annuity upon written application if he or she has attained age | 19 | | 67 (age 65, with respect to service under Article 12 that is | 20 | | subject to this Section, for a member or participant under | 21 | | Article 12 who first becomes a member or participant under | 22 | | Article 12 on or after January 1, 2022 or who makes the | 23 | | election under item (i) of subsection (d-15) of this Section) | 24 | | and has at least 10 years of service credit and is otherwise | 25 | | eligible under the requirements of the applicable Article. | 26 | | A member or participant who has attained age 62 (age 60, |
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| 1 | | with respect to service under Article 12 that is subject to | 2 | | this Section, for a member or participant under Article 12 who | 3 | | first becomes a member or participant under Article 12 on or | 4 | | after January 1, 2022 or who makes the election under item (i) | 5 | | of subsection (d-15) of this Section) and has at least 10 years | 6 | | of service credit and is otherwise eligible under the | 7 | | requirements of the applicable Article may elect to receive | 8 | | the lower retirement annuity provided in subsection (d) of | 9 | | this Section. | 10 | | (c-5) (Blank) A person who first becomes a member or a | 11 | | participant subject to this Section on or after July 6, 2017 | 12 | | (the effective date of Public Act 100-23), notwithstanding any | 13 | | other provision of this Code to the contrary, is entitled to a | 14 | | retirement annuity under Article 8 or Article 11 upon written | 15 | | application if he or she has attained age 65 and has at least | 16 | | 10 years of service credit and is otherwise eligible under the | 17 | | requirements of Article 8 or Article 11 of this Code, | 18 | | whichever is applicable . | 19 | | (d) The retirement annuity of a member or participant who | 20 | | is retiring after attaining age 62 (age 60, with respect to | 21 | | service under Article 12 that is subject to this Section, for a | 22 | | member or participant under Article 12 who first becomes a | 23 | | member or participant under Article 12 on or after January 1, | 24 | | 2022 or who makes the election under item (i) of subsection | 25 | | (d-15) of this Section) with at least 10 years of service | 26 | | credit shall be reduced by one-half of 1% for each full month |
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| 1 | | that the member's age is under age 67 (age 65, with respect to | 2 | | service under Article 12 that is subject to this Section, for a | 3 | | member or participant under Article 12 who first becomes a | 4 | | member or participant under Article 12 on or after January 1, | 5 | | 2022 or who makes the election under item (i) of subsection | 6 | | (d-15) of this Section). | 7 | | (d-5) (Blank). The retirement annuity payable under | 8 | | Article 8 or Article 11 to an eligible person subject to | 9 | | subsection (c-5) of this Section who is retiring at age 60 with | 10 | | at least 10 years of service credit shall be reduced by | 11 | | one-half of 1% for each full month that the member's age is | 12 | | under age 65. | 13 | | (d-10) Each person who first became a member or | 14 | | participant under Article 8 or Article 11 of this Code on or | 15 | | after January 1, 2011 and prior to July 6, 2017 (the effective | 16 | | date of Public Act 100-23) shall make an irrevocable election | 17 | | either: | 18 | | (i) to be eligible for the reduced retirement age | 19 | | provided in subsections (c-5) and (d-5) of this Section, | 20 | | the eligibility for which is conditioned upon the member | 21 | | or participant agreeing to the increases in employee | 22 | | contributions for age and service annuities provided in | 23 | | subsection (a-5) of Section 8-174 of this Code (for | 24 | | service under Article 8) or subsection (a-5) of Section | 25 | | 11-170 of this Code (for service under Article 11); or | 26 | | (ii) to not agree to item (i) of this subsection |
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| 1 | | (d-10), in which case the member or participant shall | 2 | | continue to be subject to the retirement age provisions in | 3 | | subsections (c) and (d) of this Section and the employee | 4 | | contributions for age and service annuity as provided in | 5 | | subsection (a) of Section 8-174 of this Code (for service | 6 | | under Article 8) or subsection (a) of Section 11-170 of | 7 | | this Code (for service under Article 11). | 8 | | The election provided for in this subsection shall be made | 9 | | between October 1, 2017 and November 15, 2017. A person | 10 | | subject to this subsection who makes the required election | 11 | | shall remain bound by that election , except that an election | 12 | | made under this subsection is rescinded by operation of law | 13 | | and such person is subject to the provisions otherwise | 14 | | applicable to a participant who first become a participant | 15 | | under Article 8 or Article 11 on or after January 1, 2011 . A | 16 | | person subject to this subsection who fails for any reason to | 17 | | make the required election within the time specified in this | 18 | | subsection shall be deemed to have made the election under | 19 | | item (ii). | 20 | | (d-15) Each person who first becomes a member or | 21 | | participant under Article 12 on or after January 1, 2011 and | 22 | | prior to January 1, 2022 shall make an irrevocable election | 23 | | either: | 24 | | (i) to be eligible for the reduced retirement age | 25 | | specified in subsections (c) and (d) of this Section, the | 26 | | eligibility for which is conditioned upon the member or |
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| 1 | | participant agreeing to the increase in employee | 2 | | contributions for service annuities specified in | 3 | | subsection (b) of Section 12-150; or | 4 | | (ii) to not agree to item (i) of this subsection | 5 | | (d-15), in which case the member or participant shall not | 6 | | be eligible for the reduced retirement age specified in | 7 | | subsections (c) and (d) of this Section and shall not be | 8 | | subject to the increase in employee contributions for | 9 | | service annuities specified in subsection (b) of Section | 10 | | 12-150. | 11 | | The election provided for in this subsection shall be made | 12 | | between January 1, 2022 and April 1, 2022. A person subject to | 13 | | this subsection who makes the required election shall remain | 14 | | bound by that election , except that an election made under | 15 | | this subsection is rescinded by operation of law and such | 16 | | person is subject to the provisions otherwise applicable to a | 17 | | participant who first become a participant under Article 12 on | 18 | | or after January 1, 2011 . A person subject to this subsection | 19 | | who fails for any reason to make the required election within | 20 | | the time specified in this subsection shall be deemed to have | 21 | | made the election under item (ii). | 22 | | (e) Any retirement annuity or supplemental annuity shall | 23 | | be subject to annual increases on the January 1 occurring | 24 | | either on or after the attainment of age 67 (age 65, with | 25 | | respect to service under Article 12 that is subject to this | 26 | | Section, for a member or participant under Article 12 who |
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| 1 | | first becomes a member or participant under Article 12 on or | 2 | | after January 1, 2022 or who makes the election under item (i) | 3 | | of subsection (d-15); and beginning on July 6, 2017 (the | 4 | | effective date of Public Act 100-23), age 65 with respect to | 5 | | service under Article 8 or Article 11 for eligible persons | 6 | | who: (i) are subject to subsection (c-5) of this Section; or | 7 | | (ii) made the election under item (i) of subsection (d-10) of | 8 | | this Section) or the first anniversary of the annuity start | 9 | | date, whichever is later. Each annual increase shall be | 10 | | calculated at 3% or one-half the annual unadjusted percentage | 11 | | increase (but not less than zero) in the consumer price | 12 | | index-u for the 12 months ending with the September preceding | 13 | | each November 1, whichever is less, of the originally granted | 14 | | retirement annuity. If the annual unadjusted percentage change | 15 | | in the consumer price index-u for the 12 months ending with the | 16 | | September preceding each November 1 is zero or there is a | 17 | | decrease, then the annuity shall not be increased. | 18 | | For the purposes of Section 1-103.1 of this Code, the | 19 | | changes made to this Section by Public Act 102-263 are | 20 | | applicable without regard to whether the employee was in | 21 | | active service on or after August 6, 2021 (the effective date | 22 | | of Public Act 102-263). | 23 | | For the purposes of Section 1-103.1 of this Code, the | 24 | | changes made to this Section by Public Act 100-23 are | 25 | | applicable without regard to whether the employee was in | 26 | | active service on or after July 6, 2017 (the effective date of |
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| 1 | | Public Act 100-23). | 2 | | (f) The initial survivor's or widow's annuity of an | 3 | | otherwise eligible survivor or widow of a retired member or | 4 | | participant who first became a member or participant on or | 5 | | after January 1, 2011 shall be in the amount of 66 2/3% of the | 6 | | retired member's or participant's retirement annuity at the | 7 | | date of death. In the case of the death of a member or | 8 | | participant who has not retired and who first became a member | 9 | | or participant on or after January 1, 2011, eligibility for a | 10 | | survivor's or widow's annuity shall be determined by the | 11 | | applicable Article of this Code. The initial benefit shall be | 12 | | 66 2/3% of the earned annuity without a reduction due to age. A | 13 | | child's annuity of an otherwise eligible child shall be in the | 14 | | amount prescribed under each Article if applicable. Any | 15 | | survivor's or widow's annuity shall be increased (1) on each | 16 | | January 1 occurring on or after the commencement of the | 17 | | annuity if the deceased member died while receiving a | 18 | | retirement annuity or (2) in other cases, on each January 1 | 19 | | occurring after the first anniversary of the commencement of | 20 | | the annuity. Each annual increase shall be calculated at 3% or | 21 | | one-half the annual unadjusted percentage increase (but not | 22 | | less than zero) in the consumer price index-u for the 12 months | 23 | | ending with the September preceding each November 1, whichever | 24 | | is less, of the originally granted survivor's annuity. If the | 25 | | annual unadjusted percentage change in the consumer price | 26 | | index-u for the 12 months ending with the September preceding |
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| 1 | | each November 1 is zero or there is a decrease, then the | 2 | | annuity shall not be increased. | 3 | | (g) The benefits in Section 14-110 apply only if the | 4 | | person is a State policeman, a fire fighter in the fire | 5 | | protection service of a department, a conservation police | 6 | | officer, an investigator for the Secretary of State, an | 7 | | investigator for the Office of the Attorney General, an arson | 8 | | investigator, a Commerce Commission police officer, | 9 | | investigator for the Department of Revenue or the Illinois | 10 | | Gaming Board, a security employee of the Department of | 11 | | Corrections or the Department of Juvenile Justice, or a | 12 | | security employee of the Department of Innovation and | 13 | | Technology, as those terms are defined in subsection (b) and | 14 | | subsection (c) of Section 14-110. A person who meets the | 15 | | requirements of this Section is entitled to an annuity | 16 | | calculated under the provisions of Section 14-110, in lieu of | 17 | | the regular or minimum retirement annuity, only if the person | 18 | | has withdrawn from service with not less than 20 years of | 19 | | eligible creditable service and has attained age 60, | 20 | | regardless of whether the attainment of age 60 occurs while | 21 | | the person is still in service. | 22 | | (h) If a person who first becomes a member or a participant | 23 | | of a retirement system or pension fund subject to this Section | 24 | | on or after January 1, 2011 is receiving a retirement annuity | 25 | | or retirement pension under that system or fund and becomes a | 26 | | member or participant under any other system or fund created |
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| 1 | | by this Code and is employed on a full-time basis, except for | 2 | | those members or participants exempted from the provisions of | 3 | | this Section under subsection (a) of this Section, then the | 4 | | person's retirement annuity or retirement pension under that | 5 | | system or fund shall be suspended during that employment. Upon | 6 | | termination of that employment, the person's retirement | 7 | | annuity or retirement pension payments shall resume and be | 8 | | recalculated if recalculation is provided for under the | 9 | | applicable Article of this Code. | 10 | | If a person who first becomes a member of a retirement | 11 | | system or pension fund subject to this Section on or after | 12 | | January 1, 2012 and is receiving a retirement annuity or | 13 | | retirement pension under that system or fund and accepts on a | 14 | | contractual basis a position to provide services to a | 15 | | governmental entity from which he or she has retired, then | 16 | | that person's annuity or retirement pension earned as an | 17 | | active employee of the employer shall be suspended during that | 18 | | contractual service. A person receiving an annuity or | 19 | | retirement pension under this Code shall notify the pension | 20 | | fund or retirement system from which he or she is receiving an | 21 | | annuity or retirement pension, as well as his or her | 22 | | contractual employer, of his or her retirement status before | 23 | | accepting contractual employment. A person who fails to submit | 24 | | such notification shall be guilty of a Class A misdemeanor and | 25 | | required to pay a fine of $1,000. Upon termination of that | 26 | | contractual employment, the person's retirement annuity or |
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| 1 | | retirement pension payments shall resume and, if appropriate, | 2 | | be recalculated under the applicable provisions of this Code. | 3 | | (i) (Blank). | 4 | | (j) Except for conflicts between this Section and Section | 5 | | 1-163, in In the case of a conflict between the provisions of | 6 | | this Section and any other provision of this Code, the | 7 | | provisions of this Section shall control. | 8 | | (Source: P.A. 102-16, eff. 6-17-21; 102-210, eff. 1-1-22; | 9 | | 102-263, eff. 8-6-21; 102-956, eff. 5-27-22 ; 103-529, eff. | 10 | | 8-11-23.) | 11 | | (40 ILCS 5/1-163 new) | 12 | | Sec. 1-163. Pension benefits for certain persons who first | 13 | | become participants on or after January 1, 2011. | 14 | | (a) Notwithstanding any provision of law to the contrary, | 15 | | including Section 1-160, this Section applies to a person who, | 16 | | on or after January 1, 2011, first becomes a member or | 17 | | participant under a pension fund or retirement system | 18 | | established under Article 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, or | 19 | | 13. To the extent that any provision of this Section conflicts | 20 | | with a provision under those Articles or Section 1-160, this | 21 | | Section controls, except for a conflict that would result in a | 22 | | diminishment or impairment of a pension benefit to a member or | 23 | | participant. | 24 | | (b) Beginning on January 1, 2025, for all purposes under | 25 | | this Code (including, without limitation, the calculation of |
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| 1 | | benefits and employee contributions) the annual earnings, | 2 | | salary, or wages (based on the plan year) of a member or | 3 | | participant to whom this Section applies shall not exceed the | 4 | | Social Security wage base for the applicable plan year. In | 5 | | this subsection, "Social Security wage base" means the | 6 | | contribution and benefit base calculated for the calendar year | 7 | | in question by the Commissioner of Social Security under | 8 | | Section 230 of the federal Social Security Act (42 U.S.C. | 9 | | 430). | 10 | | (c) A participant or member to whom this Section applies | 11 | | shall be entitled to a retirement annuity upon written | 12 | | application if he or she: | 13 | | (1) has attained age 62, has at least 35 years of | 14 | | service credit, and is otherwise eligible under the | 15 | | requirements of the applicable Article; | 16 | | (2) has attained age 64, has at least 20 years of | 17 | | service credit, and is otherwise eligible under the | 18 | | requirements of the applicable Article; or | 19 | | (3) has attained age 67, has at least 10 years of | 20 | | service credit, and is otherwise eligible under the | 21 | | requirements of the applicable Article. | 22 | | (d) The retirement annuity of a member or participant who | 23 | | is retiring after attaining age 57 with at least 35 years of | 24 | | service credit shall be reduced by one-half of 1% for each full | 25 | | month that the member's age is under age 62. | 26 | | The retirement annuity of a member or participant who is |
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| 1 | | retiring after attaining age 59 with at least 20 years of | 2 | | service credit shall be reduced by one-half of 1% for each full | 3 | | month that the member's age is under age 64. | 4 | | The retirement annuity of a member or participant who is | 5 | | retiring after attaining age 62 with at least 10 years of | 6 | | service credit shall be reduced by one-half of 1% for each full | 7 | | month that the member's age is under age 67. | 8 | | (e) Any retirement annuity or supplemental annuity shall | 9 | | be subject to annual increases on January 1 beginning with the | 10 | | January following the member's or participant's first annuity | 11 | | payment date. The annual increase shall be calculated at 3% of | 12 | | the originally granted retirement annuity. | 13 | | (40 ILCS 5/3-153 new) | 14 | | Sec. 3-153. Application of Section 1-163. To the extent | 15 | | that any provision of this Article conflicts with Section | 16 | | 1-163, Section 1-163 controls, unless the application of | 17 | | Section 1-163 would result in a diminishment or impairment of | 18 | | a benefit. | 19 | | (40 ILCS 5/4-145 new) | 20 | | Sec. 4-145. Application of Section 1-163. To the extent | 21 | | that any provision of this Article conflicts with Section | 22 | | 1-163, Section 1-163 controls, unless the application of | 23 | | Section 1-163 would result in a diminishment or impairment of | 24 | | a benefit. |
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| 1 | | (40 ILCS 5/5-239 new) | 2 | | Sec. 5-239. Application of Section 1-163. To the extent | 3 | | that any provision of this Article conflicts with Section | 4 | | 1-163, Section 1-163 controls, unless the application of | 5 | | Section 1-163 would result in a diminishment or impairment of | 6 | | a benefit. | 7 | | (40 ILCS 5/6-231 new) | 8 | | Sec. 6-231. Application of Section 1-163. To the extent | 9 | | that any provision of this Article conflicts with Section | 10 | | 1-163, Section 1-163 controls, unless the application of | 11 | | Section 1-163 would result in a diminishment or impairment of | 12 | | a benefit. | 13 | | (40 ILCS 5/7-226 new) | 14 | | Sec. 7-226. Application of Section 1-163. To the extent | 15 | | that any provision of this Article conflicts with Section | 16 | | 1-163, Section 1-163 controls, unless the application of | 17 | | Section 1-163 would result in a diminishment or impairment of | 18 | | a benefit. | 19 | | (40 ILCS 5/8-251.5 new) | 20 | | Sec. 8-251.5. Application of Section 1-163. To the extent | 21 | | that any provision of this Article conflicts with Section | 22 | | 1-163, Section 1-163 controls, unless the application of |
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| 1 | | Section 1-163 would result in a diminishment or impairment of | 2 | | a benefit. | 3 | | (40 ILCS 5/9-242 new) | 4 | | Sec. 9-242. Application of Section 1-163. To the extent | 5 | | that any provision of this Article conflicts with Section | 6 | | 1-163, Section 1-163 controls, unless the application of | 7 | | Section 1-163 would result in a diminishment or impairment of | 8 | | a benefit. | 9 | | (40 ILCS 5/10-110 new) | 10 | | Sec. 10-110. Application of Section 1-163. To the extent | 11 | | that any provision of this Article conflicts with Section | 12 | | 1-163, Section 1-163 controls, unless the application of | 13 | | Section 1-163 would result in a diminishment or impairment of | 14 | | a benefit. | 15 | | (40 ILCS 5/11-233 new) | 16 | | Sec. 11-233. Application of Section 1-163. To the extent | 17 | | that any provision of this Article conflicts with Section | 18 | | 1-163, Section 1-163 controls, unless the application of | 19 | | Section 1-163 would result in a diminishment or impairment of | 20 | | a benefit. | 21 | | (40 ILCS 5/12-196 new) | 22 | | Sec. 12-196. Application of Section 1-163. To the extent |
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| 1 | | that any provision of this Article conflicts with Section | 2 | | 1-163, Section 1-163 controls, unless the application of | 3 | | Section 1-163 would result in a diminishment or impairment of | 4 | | a benefit. | 5 | | (40 ILCS 5/13-217 new) | 6 | | Sec. 13-217. Application of Section 1-163. To the extent | 7 | | that any provision of this Article conflicts with Section | 8 | | 1-163, Section 1-163 controls, unless the application of | 9 | | Section 1-163 would result in a diminishment or impairment of | 10 | | a benefit. | 11 | | Section 90. The State Mandates Act is amended by adding | 12 | | Section 8.48 as follows: | 13 | | (30 ILCS 805/8.48 new) | 14 | | Sec. 8.48. Exempt mandate. Notwithstanding Sections 6 and | 15 | | 8 of this Act, no reimbursement by the State is required for | 16 | | the implementation of any mandate created by this amendatory | 17 | | Act of the 103rd General Assembly. | | | | HB5211 | - 50 - | LRB103 38400 RPS 68535 b |
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INDEX
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Statutes amended in order of appearance
| | 3 | | 40 ILCS 5/1-103.4 new | | | 4 | | 40 ILCS 5/1-160 | | | 5 | | 40 ILCS 5/1-163 new | | | 6 | | 40 ILCS 5/3-153 new | | | 7 | | 40 ILCS 5/4-145 new | | | 8 | | 40 ILCS 5/5-239 new | | | 9 | | 40 ILCS 5/6-231 new | | | 10 | | 40 ILCS 5/7-226 new | | | 11 | | 40 ILCS 5/8-251.5 new | | | 12 | | 40 ILCS 5/9-242 new | | | 13 | | 40 ILCS 5/10-110 new | | | 14 | | 40 ILCS 5/11-233 new | | | 15 | | 40 ILCS 5/12-196 new | | | 16 | | 40 ILCS 5/13-217 new | | | 17 | | 30 ILCS 805/8.48 new | |
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