State of Illinois
90th General Assembly
Legislation

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90_SB1369

      5 ILCS 375/3              from Ch. 127, par. 523
      5 ILCS 375/10             from Ch. 127, par. 530
      40 ILCS 5/16-129.1 new
      40 ILCS 5/16-133          from Ch. 108 1/2, par. 16-133
      40 ILCS 5/16-152          from Ch. 108 1/2, par. 16-152
      40 ILCS 5/16-158          from Ch. 108 1/2, par. 16-158
          Amends the Downstate Teacher Article of the Pension Code.
      Increases the retirement formula to  2.2%  of  final  average
      salary  for  each year of service earned after June 30, 1998.
      Allows members to elect to have the new rate apply  to  their
      existing service, by making an additional contribution.  Also
      raises  the rate to 2.3% for certain members who already have
      30 years of service.  Beginning July 1, 1998, requires school
      districts  and  other   employers   to   make   an   employer
      contribution   to   the   System.    Increases  the  employee
      contribution by 0.85% of salary, but provides for a refund of
      the increase in certain cases.  Amends  the  State  Employees
      Group  Insurance Act of 1971.  Requires certain retired State
      employees who participate in the Teachers' Retirement  System
      and  have less than 20 years of service (and their survivors)
      to pay for a portion of the cost of  their  group  insurance.
      In certain definitions relating to eligibility to participate
      in  the State group insurance program, updates obsolete cross
      references to certain State employees who participate in  the
      Teachers'  Retirement  System  and  adds  to those references
      certain employees of that System. Effective immediately.
                                                     LRB9011288EGfg
                                               LRB9011288EGfg
 1        AN ACT in relation to public employee benefits,  amending
 2    named Acts.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The State Employees Group  Insurance  Act  of
 6    1971 is amended by changing Sections 3 and 10 as follows:
 7        (5 ILCS 375/3) (from Ch. 127, par. 523)
 8        Sec.   3.  Definitions.   Unless  the  context  otherwise
 9    requires, the following words and phrases as used in this Act
10    shall have the following meanings.  The Department may define
11    these and other words and phrases separately for the  purpose
12    of  implementing  specific  programs providing benefits under
13    this Act.
14        (a)  "Administrative  service  organization"  means   any
15    person,  firm  or  corporation experienced in the handling of
16    claims  which  is  fully  qualified,  financially  sound  and
17    capable of meeting the service requirements of a contract  of
18    administration executed with the Department.
19        (b)  "Annuitant"  means  (1)  an employee who retires, or
20    has retired, on or after January  1,  1966  on  an  immediate
21    annuity under the provisions of Articles 2, 14, 15 (including
22    an  employee  who  has  retired under the optional retirement
23    program established under Section 15-158.2), paragraphs  (2),
24    (3),  or  (5)  (b) or (c) of Section 16-106, or Article 18 of
25    the Illinois Pension Code; (2) any person who  was  receiving
26    group  insurance coverage under this Act as of March 31, 1978
27    by reason of his status as  an  annuitant,  even  though  the
28    annuity  in relation to which such coverage was provided is a
29    proportional annuity based on less than the minimum period of
30    service required for  a  retirement  annuity  in  the  system
31    involved;  (3)  any  person not otherwise covered by this Act
                            -2-                LRB9011288EGfg
 1    who has retired as a participating member under Article 2  of
 2    the   Illinois   Pension  Code  but  is  ineligible  for  the
 3    retirement  annuity  under  Section  2-119  of  the  Illinois
 4    Pension Code; (4) the spouse of any person who is receiving a
 5    retirement annuity under Article 18 of the  Illinois  Pension
 6    Code  and  who  is  covered  under  a  group health insurance
 7    program sponsored by a governmental employer other  than  the
 8    State  of  Illinois  and who has irrevocably elected to waive
 9    his or her coverage under this Act and to  have  his  or  her
10    spouse  considered  as the "annuitant" under this Act and not
11    as a "dependent"; or (5) an  employee  who  retires,  or  has
12    retired,  from  a qualified position, as determined according
13    to rules promulgated by the Director, under a qualified local
14    government  or  a  qualified  rehabilitation  facility  or  a
15    qualified  domestic  violence  shelter   or   service.   (For
16    definition of "retired employee", see (p) post).
17        (b-5)  "New  SERS  annuitant"  means  a person who, on or
18    after January 1, 1998, becomes an annuitant,  as  defined  in
19    subsection   (b),   by  virtue  of  beginning  to  receive  a
20    retirement annuity under Article 14 of the  Illinois  Pension
21    Code,  and is eligible to participate in the basic program of
22    group health benefits provided for annuitants under this Act.
23        (b-6)  "New SURS annuitant" means a  person  who,  on  or
24    after  January  1,  1998, becomes an annuitant, as defined in
25    subsection  (b),  by  virtue  of  beginning  to   receive   a
26    retirement  annuity  under Article 15 of the Illinois Pension
27    Code, and is eligible to participate in the basic program  of
28    group health benefits provided for annuitants under this Act.
29        (b-7)  "New  TRS  State annuitant" means a person who, on
30    or after July 1, 1998, becomes an annuitant,  as  defined  in
31    subsection   (b),   by  virtue  of  beginning  to  receive  a
32    retirement annuity under Article 16 of the  Illinois  Pension
33    Code  based  on  service as a teacher as defined in paragraph
34    (2), (3), or (5) of Section  16-106  of  that  Code,  and  is
                            -3-                LRB9011288EGfg
 1    eligible  to participate in the basic program of group health
 2    benefits provided for annuitants under this Act.
 3        (c)  "Carrier"  means  (1)  an   insurance   company,   a
 4    corporation   organized  under  the  Limited  Health  Service
 5    Organization Act or the Voluntary Health Services Plan Act, a
 6    partnership, or other nongovernmental organization, which  is
 7    authorized  to  do  group  life  or  group  health  insurance
 8    business  in  Illinois,  or  (2)  the  State of Illinois as a
 9    self-insurer.
10        (d)  "Compensation" means salary or wages  payable  on  a
11    regular  payroll  by  the State Treasurer on a warrant of the
12    State Comptroller out of any State, trust or federal fund, or
13    by the Governor of the State through a disbursing officer  of
14    the  State  out of a trust or out of federal funds, or by any
15    Department out of State, trust, federal or other  funds  held
16    by  the  State Treasurer or the Department, to any person for
17    personal  services  currently  performed,  and  ordinary   or
18    accidental  disability  benefits  under  Articles  2,  14, 15
19    (including ordinary or accidental disability  benefits  under
20    the  optional  retirement  program  established under Section
21    15-158.2), paragraphs (2), (3), or (5) (b) or (c) of  Section
22    16-106,  or  Article  18  of  the  Illinois Pension Code, for
23    disability  incurred  after  January  1,  1966,  or  benefits
24    payable  under  the  Workers'  Compensation  or  Occupational
25    Diseases Act or  benefits  payable  under  a  sick  pay  plan
26    established  in  accordance  with  Section  36  of  the State
27    Finance Act. "Compensation" also means salary or  wages  paid
28    to an employee of any qualified local government or qualified
29    rehabilitation  facility  or  a  qualified  domestic violence
30    shelter or service.
31        (e)  "Commission"  means  the   State   Employees   Group
32    Insurance   Advisory   Commission  authorized  by  this  Act.
33    Commencing July 1, 1984, "Commission" as  used  in  this  Act
34    means   the   Illinois  Economic  and  Fiscal  Commission  as
                            -4-                LRB9011288EGfg
 1    established by the Legislative Commission Reorganization  Act
 2    of 1984.
 3        (f)  "Contributory",  when  referred  to  as contributory
 4    coverage, shall mean optional coverages or  benefits  elected
 5    by  the  member  toward  the  cost of which such member makes
 6    contribution, or which are funded in whole or in part through
 7    the acceptance of a reduction in earnings or the foregoing of
 8    an increase in earnings by an employee, as distinguished from
 9    noncontributory coverage or benefits which are paid  entirely
10    by  the  State  of Illinois without reduction of the member's
11    salary.
12        (g)  "Department"  means  any  department,   institution,
13    board,  commission, officer, court or any agency of the State
14    government  receiving  appropriations  and  having  power  to
15    certify payrolls to the Comptroller authorizing  payments  of
16    salary  and  wages against such appropriations as are made by
17    the General Assembly from any State fund,  or  against  trust
18    funds  held  by  the  State  Treasurer and includes boards of
19    trustees of the retirement systems created by Articles 2, 14,
20    15, 16 and 18 of the  Illinois  Pension  Code.   "Department"
21    also  includes  the  Illinois  Comprehensive Health Insurance
22    Board, the Board of Examiners established under the  Illinois
23    Public Accounting Act, and the Illinois Rural Bond Bank.
24        (h)  "Dependent", when the term is used in the context of
25    the  health  and  life  plan, means a member's spouse and any
26    unmarried child (1) from birth to age 19 including an adopted
27    child, a child who lives with the member from the time of the
28    filing of a petition for adoption until entry of an order  of
29    adoption,  a stepchild or recognized child who lives with the
30    member in a parent-child relationship, or a child  who  lives
31    with  the member if such member is a court appointed guardian
32    of the child, or (2) age 19 to 23  enrolled  as  a  full-time
33    student  in any accredited school, financially dependent upon
34    the member, and eligible as a dependent  for  Illinois  State
                            -5-                LRB9011288EGfg
 1    income tax purposes, or (3) age 19 or over who is mentally or
 2    physically  handicapped  as defined in the Illinois Insurance
 3    Code. For the health plan only,  the  term  "dependent"  also
 4    includes  any  person enrolled prior to the effective date of
 5    this Section who is dependent upon the member to  the  extent
 6    that  the  member  may  claim  such person as a dependent for
 7    Illinois State income tax deduction purposes; no  other  such
 8    person may be enrolled.
 9        (i)  "Director"   means  the  Director  of  the  Illinois
10    Department of Central Management Services.
11        (j)  "Eligibility period" means  the  period  of  time  a
12    member  has  to  elect  enrollment  in  programs or to select
13    benefits without regard to age, sex or health.
14        (k)  "Employee"  means  and  includes  each  officer   or
15    employee  in the service of a department who (1) receives his
16    compensation for service rendered  to  the  department  on  a
17    warrant   issued   pursuant  to  a  payroll  certified  by  a
18    department or on a warrant or check issued  and  drawn  by  a
19    department  upon  a  trust,  federal  or  other  fund or on a
20    warrant issued pursuant to a payroll certified by an  elected
21    or  duly  appointed  officer  of  the  State  or who receives
22    payment of the performance of personal services on a  warrant
23    issued  pursuant  to  a payroll certified by a Department and
24    drawn by the Comptroller upon  the  State  Treasurer  against
25    appropriations  made by the General Assembly from any fund or
26    against trust funds held by the State Treasurer, and  (2)  is
27    employed  full-time  or  part-time  in  a  position  normally
28    requiring actual performance of duty during not less than 1/2
29    of  a  normal  work period, as established by the Director in
30    cooperation with each department, except that persons elected
31    by popular vote  will  be  considered  employees  during  the
32    entire  term  for  which they are elected regardless of hours
33    devoted to the service of the  State,  and  (3)  except  that
34    "employee" does not include any person who is not eligible by
                            -6-                LRB9011288EGfg
 1    reason  of  such person's employment to participate in one of
 2    the State retirement systems under Articles 2, 14, 15 (either
 3    the regular Article 15  system  or  the  optional  retirement
 4    program  established  under Section 15-158.2) or 18, or under
 5    paragraph (2), (3), or (5) (b) or (c) of Section  16-106,  of
 6    the Illinois Pension Code, but such term does include persons
 7    who  are  employed during the 6 month qualifying period under
 8    Article 14 of the Illinois  Pension  Code.   Such  term  also
 9    includes  any  person  who  (1)  after  January  1,  1966, is
10    receiving ordinary or accidental  disability  benefits  under
11    Articles   2,   14,  15  (including  ordinary  or  accidental
12    disability benefits under  the  optional  retirement  program
13    established  under Section 15-158.2), paragraphs (2), (3), or
14    (5) (b) or (c) of  Section  16-106,  or  Article  18  of  the
15    Illinois  Pension Code, for disability incurred after January
16    1, 1966, (2) receives  total  permanent  or  total  temporary
17    disability   under   the   Workers'   Compensation   Act   or
18    Occupational Disease Act as a result of injuries sustained or
19    illness contracted in the course of employment with the State
20    of  Illinois,  or (3) is not otherwise covered under this Act
21    and has retired as a participating member under Article 2  of
22    the   Illinois   Pension  Code  but  is  ineligible  for  the
23    retirement  annuity  under  Section  2-119  of  the  Illinois
24    Pension Code.  However, a person who satisfies  the  criteria
25    of  the  foregoing  definition of "employee" except that such
26    person  is  made  ineligible  to  participate  in  the  State
27    Universities Retirement System by clause  (4)  of  subsection
28    (a) of Section 15-107 of the Illinois Pension Code is also an
29    "employee"  for  the  purposes  of this Act.  "Employee" also
30    includes any person receiving or eligible for benefits  under
31    a  sick pay plan established in accordance with Section 36 of
32    the State Finance Act. "Employee" also includes each  officer
33    or  employee  in the service of a qualified local government,
34    including persons appointed as trustees of sanitary districts
                            -7-                LRB9011288EGfg
 1    regardless of hours devoted to the service  of  the  sanitary
 2    district,  and  each  employee  in the service of a qualified
 3    rehabilitation facility and each full-time  employee  in  the
 4    service  of a qualified domestic violence shelter or service,
 5    as determined according to rules promulgated by the Director.
 6        (l)  "Member"  means  an  employee,  annuitant,   retired
 7    employee or survivor.
 8        (m)  "Optional   coverages   or   benefits"  means  those
 9    coverages or benefits available to the member on his  or  her
10    voluntary election, and at his or her own expense.
11        (n)  "Program"  means  the  group  life insurance, health
12    benefits and other employee benefits designed and  contracted
13    for by the Director under this Act.
14        (o)  "Health  plan" means a self-insured health insurance
15    program offered by the State of Illinois for the purposes  of
16    benefiting  employees  by  means  of providing, among others,
17    wellness programs, utilization reviews, second  opinions  and
18    medical  fee  reviews, as well as for paying for hospital and
19    medical care up to the maximum coverage provided by the plan,
20    to its members and their dependents.
21        (p)  "Retired employee" means any person who would be  an
22    annuitant  as  that  term  is defined herein but for the fact
23    that such person retired prior to January 1, 1966.  Such term
24    also includes any person formerly employed by the  University
25    of Illinois in the Cooperative Extension Service who would be
26    an  annuitant  but  for  the  fact  that such person was made
27    ineligible  to  participate   in   the   State   Universities
28    Retirement  System by clause (4) of subsection (a) of Section
29    15-107 of the Illinois Pension Code.
30        (p-6)  "New SURS retired employee" means a person who, on
31    or after January 1, 1998,  becomes  a  retired  employee,  as
32    defined  in  subsection  (p),  by  virtue  of  being a person
33    formerly employed  by  the  University  of  Illinois  in  the
34    Cooperative  Extension  Service who would be an annuitant but
                            -8-                LRB9011288EGfg
 1    for  the  fact  that  he  or  she  was  made  ineligible   to
 2    participate  in  the  State Universities Retirement System by
 3    clause (4)  of  subsection  (a)  of  Section  15-107  of  the
 4    Illinois  Pension Code, and who is eligible to participate in
 5    the basic program  of  group  health  benefits  provided  for
 6    retired employees under this Act.
 7        (q)  "Survivor"  means a person receiving an annuity as a
 8    survivor of an employee or of an annuitant.  "Survivor"  also
 9    includes:  (1)  the  surviving  dependent  of  a  person  who
10    satisfies  the  definition  of  "employee"  except  that such
11    person  is  made  ineligible  to  participate  in  the  State
12    Universities Retirement System by clause  (4)  of  subsection
13    (a)  of  Section 15-107 of the Illinois Pension Code; and (2)
14    the surviving dependent of any person  formerly  employed  by
15    the  University  of  Illinois  in  the  Cooperative Extension
16    Service who would be an annuitant except for  the  fact  that
17    such  person  was made ineligible to participate in the State
18    Universities Retirement System by clause  (4)  of  subsection
19    (a) of Section 15-107 of the Illinois Pension Code.
20        (q-5)  "New  SERS  survivor" means a survivor, as defined
21    in subsection (q), whose annuity is paid under Article 14  of
22    the Illinois Pension Code and is based on the death of (i) an
23    employee  whose  death occurs on or after January 1, 1998, or
24    (ii) a new SERS annuitant as defined in subsection (b-5).
25        (q-6)  "New SURS survivor" means a survivor,  as  defined
26    in  subsection (q), whose annuity is paid under Article 15 of
27    the Illinois Pension Code and is based on the death of (i) an
28    employee whose death occurs on or after January 1, 1998, (ii)
29    a new SURS annuitant as defined in subsection (b-6), or (iii)
30    a new SURS retired employee as defined in subsection (p-6).
31        (q-7)  "New TRS State  survivor"  means  a  survivor,  as
32    defined  in  subsection  (q),  whose  annuity  is  paid under
33    Article 16 of the Illinois Pension Code and is based  on  the
34    death  of  (i)  an  employee  who  is a teacher as defined in
                            -9-                LRB9011288EGfg
 1    paragraph (2), (3), or (5) of Section 16-106 of that Code and
 2    whose death occurs on or after July 1, 1998, or  (ii)  a  new
 3    TRS State annuitant as defined in subsection (b-7).
 4        (r)  "Medical   services"  means  the  services  provided
 5    within the scope of their licenses by  practitioners  in  all
 6    categories licensed under the Medical Practice Act of 1987.
 7        (s)  "Unit   of   local  government"  means  any  county,
 8    municipality, township, school district, special district  or
 9    other  unit, designated as a unit of local government by law,
10    which exercises limited  governmental  powers  or  powers  in
11    respect  to limited governmental subjects, any not-for-profit
12    association  with  a  membership  that   primarily   includes
13    townships  and  township  officials,  that  has  duties  that
14    include  provision  of  research  service,  dissemination  of
15    information,  and  other  acts  for  the purpose of improving
16    township government, and that is funded wholly or  partly  in
17    accordance  with  Section  85-15  of  the  Township Code; any
18    not-for-profit corporation or association, with a  membership
19    consisting primarily of municipalities, that operates its own
20    utility    system,    and    provides   research,   training,
21    dissemination  of  information,  or  other  acts  to  promote
22    cooperation between and  among  municipalities  that  provide
23    utility  services  and  for  the advancement of the goals and
24    purposes of its membership; and the Illinois  Association  of
25    Park Districts.  "Qualified local government" means a unit of
26    local  government  approved by the Director and participating
27    in a program created under subsection (i) of  Section  10  of
28    this Act.
29        (t)  "Qualified   rehabilitation   facility"   means  any
30    not-for-profit  organization  that  is  accredited   by   the
31    Commission  on  Accreditation of Rehabilitation Facilities or
32    certified by the Department of Human Services  (as  successor
33    to   the   Department  of  Mental  Health  and  Developmental
34    Disabilities)   to   provide   services   to   persons   with
                            -10-               LRB9011288EGfg
 1    disabilities and which  receives  funds  from  the  State  of
 2    Illinois  for  providing  those  services,  approved  by  the
 3    Director   and  participating  in  a  program  created  under
 4    subsection (j) of Section 10 of this Act.
 5        (u)  "Qualified domestic  violence  shelter  or  service"
 6    means  any  Illinois domestic violence shelter or service and
 7    its administrative offices funded by the Department of  Human
 8    Services  (as  successor to the Illinois Department of Public
 9    Aid), approved by the Director and participating in a program
10    created under subsection (k) of Section 10.
11        (v)  "TRS benefit recipient" means a person who:
12             (1)  is not a "member" as defined in  this  Section;
13        and
14             (2)  is  receiving  a  monthly benefit or retirement
15        annuity under Article 16 of the  Illinois  Pension  Code;
16        and
17             (3)  either  (i)  has at least 8 years of creditable
18        service under Article 16 of the Illinois Pension Code, or
19        (ii) was enrolled in the health insurance program offered
20        under that Article on January 1, 1996, or  (iii)  is  the
21        survivor  of a benefit recipient who had at least 8 years
22        of creditable service under Article 16  of  the  Illinois
23        Pension  Code  or  was  enrolled  in the health insurance
24        program offered under that Article on the effective  date
25        of this amendatory Act of 1995, or (iv) is a recipient or
26        survivor  of  a  recipient  of a disability benefit under
27        Article 16 of the Illinois Pension Code.
28        (w)  "TRS dependent beneficiary" means a person who:
29             (1)  is not a "member" or "dependent" as defined  in
30        this Section; and
31             (2)  is  a  TRS benefit recipient's: (A) spouse, (B)
32        dependent parent who is receiving at least half of his or
33        her support  from  the  TRS  benefit  recipient,  or  (C)
34        unmarried  natural  or adopted child who is (i) under age
                            -11-               LRB9011288EGfg
 1        19, or  (ii)  enrolled  as  a  full-time  student  in  an
 2        accredited  school,  financially  dependent  upon the TRS
 3        benefit recipient, eligible as a dependent  for  Illinois
 4        State  income tax purposes, and either is under age 24 or
 5        was, on January 1, 1996,  participating  as  a  dependent
 6        beneficiary in the health insurance program offered under
 7        Article  16 of the Illinois Pension Code, or (iii) age 19
 8        or over who is  mentally  or  physically  handicapped  as
 9        defined in the Illinois Insurance Code.
10        (x)  "Military  leave  with  pay  and benefits" refers to
11    individuals in basic training for reserves,  special/advanced
12    training,  annual  training, emergency call up, or activation
13    by the President of the United States with approved  pay  and
14    benefits.
15        (y)  "Military  leave without pay and benefits" refers to
16    individuals who enlist for active duty in a regular component
17    of the U.S. Armed Forces  or  other  duty  not  specified  or
18    authorized under military leave with pay and benefits.
19        (z)  "Community college benefit recipient" means a person
20    who:
21             (1)  is  not  a "member" as defined in this Section;
22        and
23             (2)  is receiving a monthly  survivor's  annuity  or
24        retirement  annuity  under  Article  15  of  the Illinois
25        Pension Code; and
26             (3)  either  (i)  was  a  full-time  employee  of  a
27        community college district or an association of community
28        college boards created under the Public Community College
29        Act (other than an employee  whose  last  employer  under
30        Article  15  of the Illinois Pension Code was a community
31        college district subject to Article  VII  of  the  Public
32        Community College Act) and was eligible to participate in
33        a  group  health  benefit  plan as an employee during the
34        time of employment  with  a  community  college  district
                            -12-               LRB9011288EGfg
 1        (other  than  a  community  college  district  subject to
 2        Article VII of the Public Community College  Act)  or  an
 3        association  of  community college boards, or (ii) is the
 4        survivor of a person described in item (i).
 5        (aa)  "Community college dependent beneficiary"  means  a
 6    person who:
 7             (1)  is  not a "member" or "dependent" as defined in
 8        this Section; and
 9             (2)  is a community college benefit recipient's: (A)
10        spouse, (B) dependent parent who is  receiving  at  least
11        half  of  his  or  her support from the community college
12        benefit recipient, or (C) unmarried  natural  or  adopted
13        child  who  is  (i)  under  age 19, or (ii) enrolled as a
14        full-time student in an  accredited  school,  financially
15        dependent  upon  the community college benefit recipient,
16        eligible as a dependent for  Illinois  State  income  tax
17        purposes  and  under  age 23, or (iii) age 19 or over and
18        mentally or physically  handicapped  as  defined  in  the
19        Illinois Insurance Code.
20    (Source:  P.A.  89-21,  eff.  6-21-95;  89-25,  eff. 6-21-95;
21    89-76,  eff.  7-1-95;  89-324,  eff.  8-13-95;  89-430,  eff.
22    12-15-95; 89-502, eff. 7-1-96; 89-507, eff.  7-1-97;  89-628,
23    eff.  8-9-96; 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
24    eff. 8-16-97; 90-497, eff.  8-18-97;  90-511,  eff.  8-22-97;
25    revised 10-13-97.)
26        (5 ILCS 375/10) (from Ch. 127, par. 530)
27        Sec. 10. Payments by State; premiums.
28        (a)  The    State   shall   pay   the   cost   of   basic
29    non-contributory group life insurance and, subject to  member
30    paid  contributions set by the Department or required by this
31    Section, the basic program of group health benefits  on  each
32    eligible  member,  except  a member, not otherwise covered by
33    this Act, who has retired as  a  participating  member  under
                            -13-               LRB9011288EGfg
 1    Article  2 of the Illinois Pension Code but is ineligible for
 2    the retirement annuity under Section 2-119  of  the  Illinois
 3    Pension  Code, and part of each eligible member's and retired
 4    member's premiums for health insurance coverage for  enrolled
 5    dependents as provided by Section 9.  The State shall pay the
 6    cost of the basic program of group health benefits only after
 7    benefits  are  reduced  by  the amount of benefits covered by
 8    Medicare for all retired members and retired dependents  aged
 9    65  years  or older who are entitled to benefits under Social
10    Security  or  the  Railroad  Retirement  system  or  who  had
11    sufficient Medicare-covered government employment except that
12    such reduction in benefits shall apply only to those  retired
13    members  or  retired dependents who (1) first become eligible
14    for such Medicare coverage on or after July 1, 1992;  or  (2)
15    remain  eligible for, but no longer receive Medicare coverage
16    which they had been receiving on or after July 1,  1992.  The
17    Department  may  determine the aggregate level of the State's
18    contribution on the basis of actual cost of medical  services
19    adjusted  for  age,  sex  or  geographic or other demographic
20    characteristics which affect the costs of such programs.
21        (a-1)  Beginning January 1, 1998,  for  each  person  who
22    becomes  a  new  SERS annuitant and participates in the basic
23    program of group health benefits, the State shall  contribute
24    toward  the  cost of the annuitant's coverage under the basic
25    program of group health benefits an amount  equal  to  5%  of
26    that cost for each full year of creditable service upon which
27    the  annuitant's retirement annuity is based, up to a maximum
28    of 100% for an annuitant with 20 or more years of  creditable
29    service.  The remainder of the cost of a new SERS annuitant's
30    coverage  under  the  basic  program of group health benefits
31    shall be the responsibility of the annuitant.
32        (a-2)  Beginning January 1, 1998,  for  each  person  who
33    becomes  a  new  SERS  survivor and participates in the basic
34    program of group health benefits, the State shall  contribute
                            -14-               LRB9011288EGfg
 1    toward  the  cost  of the survivor's coverage under the basic
 2    program of group health benefits an amount  equal  to  5%  of
 3    that  cost  for  each full year of the deceased employee's or
 4    deceased  annuitant's  creditable  service   in   the   State
 5    Employees'  Retirement  System  of  Illinois  on  the date of
 6    death, up to a maximum of 100% for a survivor of an  employee
 7    or  annuitant  with  20  or more years of creditable service.
 8    The remainder of the cost of the new SERS survivor's coverage
 9    under the basic program of group health benefits shall be the
10    responsibility of the survivor.
11        (a-3)  Beginning January 1, 1998,  for  each  person  who
12    becomes  a  new  SURS annuitant and participates in the basic
13    program of group health benefits, the State shall  contribute
14    toward  the  cost of the annuitant's coverage under the basic
15    program of group health benefits an amount  equal  to  5%  of
16    that cost for each full year of creditable service upon which
17    the  annuitant's retirement annuity is based, up to a maximum
18    of 100% for an annuitant with 20 or more years of  creditable
19    service.  The remainder of the cost of a new SURS annuitant's
20    coverage  under  the  basic  program of group health benefits
21    shall be the responsibility of the annuitant.
22        (a-4)  Beginning January 1, 1998,  for  each  person  who
23    becomes  a  new SURS retired employee and participates in the
24    basic program of  group  health  benefits,  the  State  shall
25    contribute toward the cost of the retired employee's coverage
26    under  the  basic  program of group health benefits an amount
27    equal to 5% of that cost for each full year that the  retired
28    employee  was  an  employee  as defined in Section 3, up to a
29    maximum of 100% for a retired employee who  was  an  employee
30    for  20  or  more  years.  The remainder of the cost of a new
31    SURS retired employee's coverage under the basic  program  of
32    group  health  benefits  shall  be  the responsibility of the
33    retired employee.
34        (a-5)  Beginning January 1, 1998,  for  each  person  who
                            -15-               LRB9011288EGfg
 1    becomes  a  new  SURS  survivor and participates in the basic
 2    program of group health benefits, the State shall  contribute
 3    toward  the  cost  of the survivor's coverage under the basic
 4    program of group health benefits an amount  equal  to  5%  of
 5    that  cost  for  each full year of the deceased employee's or
 6    deceased  annuitant's  creditable  service   in   the   State
 7    Universities  Employees' Retirement System of Illinois on the
 8    date of death, up to a maximum of 100% for a survivor  of  an
 9    employee  or  annuitant  with  20 or more years of creditable
10    service.   The  remainder  of  the  cost  of  the  new   SURS
11    survivor's  coverage  under the basic program of group health
12    benefits shall be the responsibility of the survivor.
13        (a-6)  Beginning  July  1,  1998,  for  each  person  who
14    becomes a new TRS State annuitant  and  participates  in  the
15    basic  program  of  group  health  benefits,  the State shall
16    contribute toward the cost of the annuitant's coverage  under
17    the basic program of group health benefits an amount equal to
18    5% of that cost for each full year of creditable service as a
19    teacher  as  defined in paragraph (2), (3), or (5) of Section
20    16-106  of  the  Illinois  Pension  Code   upon   which   the
21    annuitant's  retirement  annuity is based, up to a maximum of
22    100%  for  an  annuitant  with  20  or  more  years  of  such
23    creditable service.  The remainder of the cost of a  new  TRS
24    State  annuitant's  coverage under the basic program of group
25    health benefits shall be the responsibility of the annuitant.
26        (a-7)  Beginning  July  1,  1998,  for  each  person  who
27    becomes a new TRS State  survivor  and  participates  in  the
28    basic  program  of  group  health  benefits,  the State shall
29    contribute toward the cost of the survivor's  coverage  under
30    the basic program of group health benefits an amount equal to
31    5% of that cost for each full year of the deceased employee's
32    or  deceased  annuitant's  creditable service as a teacher as
33    defined in paragraph (2), (3), or (5) of  Section  16-106  of
34    the  Illinois  Pension  Code  on  the  date of death, up to a
                            -16-               LRB9011288EGfg
 1    maximum of 100% for a survivor of an  employee  or  annuitant
 2    with  20  or  more  years  of  such  creditable service.  The
 3    remainder of  the  cost  of  the  new  TRS  State  survivor's
 4    coverage  under  the  basic  program of group health benefits
 5    shall be the responsibility of the survivor.
 6        (a-8) (a-6)  A new SERS annuitant, new SERS survivor, new
 7    SURS annuitant,  new  SURS  retired  employee,  or  new  SURS
 8    survivor,  new TRS State annuitant, or new TRS State survivor
 9    may waive or terminate  coverage  in  the  program  of  group
10    health  benefits.   Any  such annuitant, survivor, or retired
11    employee who has waived or terminated coverage may enroll  or
12    re-enroll in the program of group health benefits only during
13    the  annual  benefit  choice  period,  as  determined  by the
14    Director; except that in the event of termination of coverage
15    due to nonpayment of premiums, the  annuitant,  survivor,  or
16    retired employee may not re-enroll in the program.
17        (a-9)  (a-7)  No  later than May 1 of each calendar year,
18    the Director of Central Management Services shall certify  in
19    writing  to  the  Executive Secretary of the State Employees'
20    Employee's Retirement System of Illinois the amounts  of  the
21    Medicare  supplement  health care premiums and the amounts of
22    the health care premiums for all other retirees who  are  not
23    Medicare eligible.
24        A  separate  calculation  of  the premiums based upon the
25    actual cost of each health care plan shall be so certified.
26        The Director of Central Management Services shall provide
27    to the Executive Secretary of the State Employees' Employee's
28    Retirement System of Illinois such  information,  statistics,
29    and  other data as he or she he/she may require to review the
30    premium  amounts  certified  by  the  Director   of   Central
31    Management Services.
32        (b)  State employees who become eligible for this program
33    on  or after January 1, 1980 in positions, normally requiring
34    actual performance of duty not less than 1/2 of a normal work
                            -17-               LRB9011288EGfg
 1    period but not equal to that of a normal work  period,  shall
 2    be  given  the  option  of  participating  in  the  available
 3    program.    If  the employee elects coverage, the State shall
 4    contribute on behalf of such employee  to  the  cost  of  the
 5    employee's  benefit  and any applicable dependent supplement,
 6    that sum which bears the same percentage as  that  percentage
 7    of  time the employee regularly works when compared to normal
 8    work period.
 9        (c)  The basic non-contributory coverage from  the  basic
10    program  of group health benefits shall be continued for each
11    employee not in pay status or on active service by reason  of
12    (1) leave of absence due to illness or injury, (2) authorized
13    educational  leave  of  absence  or  sabbatical leave, or (3)
14    military leave with pay and  benefits.  This  coverage  shall
15    continue  until  expiration of authorized leave and return to
16    active service, but not to exceed 24 months for leaves  under
17    item (1) or (2). This 24-month limitation and the requirement
18    of  returning  to  active  service shall not apply to persons
19    receiving  ordinary  or  accidental  disability  benefits  or
20    retirement benefits through the appropriate State  retirement
21    system   or  benefits  under  the  Workers'  Compensation  or
22    Occupational Disease Act.
23        (d)  The  basic  group  life  insurance  coverage   shall
24    continue,  with full State contribution, where such person is
25    (1) absent  from  active  service  by  reason  of  disability
26    arising  from  any  cause  other  than self-inflicted, (2) on
27    authorized educational leave of absence or sabbatical  leave,
28    or (3) on military leave with pay and benefits.
29        (e)  Where  the  person is in non-pay status for a period
30    in excess of 30 days or on leave of absence,  other  than  by
31    reason  of  disability,  educational  or sabbatical leave, or
32    military  leave  with  pay  and  benefits,  such  person  may
33    continue coverage only by making personal  payment  equal  to
34    the amount normally contributed by the State on such person's
                            -18-               LRB9011288EGfg
 1    behalf.  Such  payments  and  coverage  may be continued: (1)
 2    until such time as the person returns to  a  status  eligible
 3    for  coverage  at State expense, but not to exceed 24 months,
 4    (2) until such person's employment or annuitant  status  with
 5    the  State  is  terminated,  or (3) for a maximum period of 4
 6    years for members on military leave with pay and benefits and
 7    military leave without pay and  benefits  (exclusive  of  any
 8    additional service imposed pursuant to law).
 9        (f)  The  Department  shall  establish by rule the extent
10    to which other employee benefits will continue for persons in
11    non-pay status or who are not in active service.
12        (g)  The State shall  not  pay  the  cost  of  the  basic
13    non-contributory  group  life  insurance,  program  of health
14    benefits and other employee  benefits  for  members  who  are
15    survivors  as defined by paragraphs (1) and (2) of subsection
16    (q) of Section 3 of this Act.   The  costs  of  benefits  for
17    these  survivors  shall  be  paid  by the survivors or by the
18    University of Illinois Cooperative Extension Service, or  any
19    combination thereof.
20        (h)  Those   persons   occupying   positions   with   any
21    department  as a result of emergency appointments pursuant to
22    Section 8b.8 of the Personnel Code  who  are  not  considered
23    employees  under  this  Act  shall  be  given  the  option of
24    participating in the programs of group life insurance, health
25    benefits and other employee benefits.  Such persons  electing
26    coverage  may participate only by making payment equal to the
27    amount  normally  contributed  by  the  State  for  similarly
28    situated employees.  Such amounts shall be determined by  the
29    Director.   Such payments and coverage may be continued until
30    such time as the person becomes an employee pursuant to  this
31    Act or such person's appointment is terminated.
32        (i)  Any  unit  of  local  government within the State of
33    Illinois may apply to the Director  to  have  its  employees,
34    annuitants,   and  their  dependents  provided  group  health
                            -19-               LRB9011288EGfg
 1    coverage  under  this  Act  on  a  non-insured   basis.    To
 2    participate,  a unit of local government must agree to enroll
 3    all of its employees, who may select  coverage  under  either
 4    the State group health insurance plan or a health maintenance
 5    organization  that  has  contracted  with  the  State  to  be
 6    available  as a health care provider for employees as defined
 7    in this Act.  A unit  of  local  government  must  remit  the
 8    entire  cost  of  providing  coverage  under  the State group
 9    health  insurance  plan  or,  for  coverage  under  a  health
10    maintenance  organization,  an  amount  determined   by   the
11    Director  based  on  an  analysis of the sex, age, geographic
12    location, or other relevant  demographic  variables  for  its
13    employees, except that the unit of local government shall not
14    be  required to enroll those of its employees who are covered
15    spouses or dependents under this plan or another group policy
16    or  plan  providing  health  benefits  as  long  as  (1)   an
17    appropriate  official  from  the  unit  of  local  government
18    attests  that  each employee not enrolled is a covered spouse
19    or dependent under this plan or another group policy or plan,
20    and (2) at least 85% of the employees are  enrolled  and  the
21    unit  of local government remits the entire cost of providing
22    coverage to those employees.  Employees  of  a  participating
23    unit of local government who are not enrolled due to coverage
24    under  another  group  health  policy or plan may enroll at a
25    later date subject to submission of satisfactory evidence  of
26    insurability  and  provided that no benefits shall be payable
27    for services incurred during the first 6 months  of  coverage
28    to  the  extent  the  services  are   in  connection with any
29    pre-existing  condition.   A  participating  unit  of   local
30    government may also elect to cover its annuitants.  Dependent
31    coverage  shall  be  offered  on  an optional basis, with the
32    costs paid by the unit of local government, its employees, or
33    some combination of the two as  determined  by  the  unit  of
34    local  government.   The  unit  of  local government shall be
                            -20-               LRB9011288EGfg
 1    responsible  for  timely  collection  and   transmission   of
 2    dependent premiums.
 3        The  Director  shall  annually determine monthly rates of
 4    payment, subject to the following constraints:
 5             (1)  In the first year of coverage, the rates  shall
 6        be   equal  to  the  amount  normally  charged  to  State
 7        employees for elected optional coverages or for  enrolled
 8        dependents  coverages or other contributory coverages, or
 9        contributed by the State for basic insurance coverages on
10        behalf of its employees, adjusted for differences between
11        State employees and employees of the local government  in
12        age,   sex,   geographic   location   or  other  relevant
13        demographic variables, plus an amount sufficient  to  pay
14        for  the  additional  administrative  costs  of providing
15        coverage to employees of the unit of local government and
16        their dependents.
17             (2)  In subsequent years, a further adjustment shall
18        be  made  to  reflect  the  actual  prior  years'  claims
19        experience  of  the  employees  of  the  unit  of   local
20        government.
21        In  the  case  of  coverage of local government employees
22    under a health maintenance organization, the  Director  shall
23    annually  determine  for  each  participating  unit  of local
24    government the maximum monthly amount the unit may contribute
25    toward that coverage, based on an analysis of  (i)  the  age,
26    sex,  geographic  location,  and  other  relevant demographic
27    variables of the unit's employees and (ii) the cost to  cover
28    those  employees under the State group health insurance plan.
29    The Director may  similarly  determine  the  maximum  monthly
30    amount  each  unit  of local government may contribute toward
31    coverage  of  its  employees'  dependents  under   a   health
32    maintenance organization.
33        Monthly  payments  by the unit of local government or its
34    employees for group health insurance  or  health  maintenance
                            -21-               LRB9011288EGfg
 1    organization   coverage  shall  be  deposited  in  the  Local
 2    Government  Health  Insurance  Reserve   Fund.    The   Local
 3    Government   Health   Insurance   Reserve  Fund  shall  be  a
 4    continuing fund not subject to fiscal year limitations.   All
 5    expenditures  from  this  fund shall be used for payments for
 6    health care benefits for local government and  rehabilitation
 7    facility   employees,  annuitants,  and  dependents,  and  to
 8    reimburse  the  Department  or  its  administrative   service
 9    organization  for all expenses incurred in the administration
10    of benefits.  No other State funds  may  be  used  for  these
11    purposes.
12        A  local government employer's participation or desire to
13    participate in a program created under this subsection  shall
14    not   limit   that   employer's  duty  to  bargain  with  the
15    representative of  any  collective  bargaining  unit  of  its
16    employees.
17        (j)  Any  rehabilitation  facility  within  the  State of
18    Illinois may apply to the Director  to  have  its  employees,
19    annuitants,   and  their  dependents  provided  group  health
20    coverage  under  this  Act  on  a   non-insured   basis.   To
21    participate,  a  rehabilitation facility must agree to enroll
22    all of its employees and remit the entire cost  of  providing
23    such   coverage   for   its   employees,   except   that  the
24    rehabilitation facility shall not be required to enroll those
25    of its employees who are covered spouses or dependents  under
26    this  plan  or  another group policy or plan providing health
27    benefits as long as (1)  an  appropriate  official  from  the
28    rehabilitation   facility  attests  that  each  employee  not
29    enrolled is a covered spouse or dependent under this plan  or
30    another  group  policy  or  plan, and (2) at least 85% of the
31    employees are enrolled and the rehabilitation facility remits
32    the entire cost of providing  coverage  to  those  employees.
33    Employees  of a participating rehabilitation facility who are
34    not enrolled due  to  coverage  under  another  group  health
                            -22-               LRB9011288EGfg
 1    policy  or  plan  may  enroll  at  a  later  date  subject to
 2    submission  of  satisfactory  evidence  of  insurability  and
 3    provided that no  benefits  shall  be  payable  for  services
 4    incurred  during the first 6 months of coverage to the extent
 5    the  services  are  in  connection  with   any   pre-existing
 6    condition.  A  participating rehabilitation facility may also
 7    elect to cover its annuitants. Dependent  coverage  shall  be
 8    offered  on  an  optional  basis,  with the costs paid by the
 9    rehabilitation facility, its employees, or  some  combination
10    of  the  2  as determined by the rehabilitation facility. The
11    rehabilitation  facility  shall  be  responsible  for  timely
12    collection and transmission of dependent premiums.
13        The Director shall annually determine quarterly rates  of
14    payment, subject to the following constraints:
15             (1)  In  the first year of coverage, the rates shall
16        be  equal  to  the  amount  normally  charged  to   State
17        employees  for elected optional coverages or for enrolled
18        dependents coverages or other contributory  coverages  on
19        behalf of its employees, adjusted for differences between
20        State  employees  and  employees  of  the  rehabilitation
21        facility  in  age,  sex,  geographic  location  or  other
22        relevant demographic variables, plus an amount sufficient
23        to   pay  for  the  additional  administrative  costs  of
24        providing coverage to  employees  of  the  rehabilitation
25        facility and their dependents.
26             (2)  In subsequent years, a further adjustment shall
27        be  made  to  reflect  the  actual  prior  years'  claims
28        experience   of   the  employees  of  the  rehabilitation
29        facility.
30        Monthly payments by the rehabilitation  facility  or  its
31    employees  for  group  health insurance shall be deposited in
32    the Local Government Health Insurance Reserve Fund.
33        (k)  Any domestic violence shelter or service within  the
34    State  of  Illinois  may  apply  to  the Director to have its
                            -23-               LRB9011288EGfg
 1    employees, annuitants, and their  dependents  provided  group
 2    health  coverage  under  this Act on a non-insured basis.  To
 3    participate, a domestic  violence  shelter  or  service  must
 4    agree  to enroll all of its employees and pay the entire cost
 5    of  providing   such   coverage   for   its   employees.    A
 6    participating  domestic  violence  shelter  may also elect to
 7    cover its annuitants.  Dependent coverage shall be offered on
 8    an optional basis, with employees, or some combination of the
 9    2 as determined by the domestic violence shelter or  service.
10    The domestic violence shelter or service shall be responsible
11    for timely collection and transmission of dependent premiums.
12        The  Director shall annually determine quarterly rates of
13    payment, subject to the following constraints:
14             (1)  In the first year of coverage, the rates  shall
15        be   equal  to  the  amount  normally  charged  to  State
16        employees for elected optional coverages or for  enrolled
17        dependents  coverages  or other contributory coverages on
18        behalf of its employees, adjusted for differences between
19        State employees and employees of  the  domestic  violence
20        shelter  or  service  in age, sex, geographic location or
21        other relevant  demographic  variables,  plus  an  amount
22        sufficient to pay for the additional administrative costs
23        of  providing  coverage  to  employees  of  the  domestic
24        violence shelter or service and their dependents.
25             (2)  In subsequent years, a further adjustment shall
26        be  made  to  reflect  the  actual  prior  years'  claims
27        experience  of  the  employees  of  the domestic violence
28        shelter or service.
29             (3)  In no case shall the  rate  be  less  than  the
30        amount normally charged to State employees or contributed
31        by the State on behalf of its employees.
32        Monthly  payments  by  the  domestic  violence shelter or
33    service or its employees for group health insurance shall  be
34    deposited  in  the  Local Government Health Insurance Reserve
                            -24-               LRB9011288EGfg
 1    Fund.
 2        (l)  A  public  community  college  or  entity  organized
 3    pursuant to the Public Community College Act may apply to the
 4    Director initially to have only annuitants not covered  prior
 5    to July 1, 1992 by the district's health plan provided health
 6    coverage   under  this  Act  on  a  non-insured  basis.   The
 7    community  college  must  execute  a   2-year   contract   to
 8    participate  in  the  Local  Government  Health  Plan.  Those
 9    annuitants enrolled initially under this contract shall  have
10    no  benefits payable for services incurred during the first 6
11    months  of  coverage  to  the  extent  the  services  are  in
12    connection with any pre-existing  condition.   Any  annuitant
13    who  may enroll after this initial enrollment period shall be
14    subject   to   submission   of   satisfactory   evidence   of
15    insurability and to the pre-existing conditions limitation.
16        The Director shall annually determine  monthly  rates  of
17    payment  subject  to  the  following  constraints:  for those
18    community colleges with annuitants only enrolled, first  year
19    rates  shall be equal to the average cost to cover claims for
20    a  State   member   adjusted   for   demographics,   Medicare
21    participation,  and  other factors; and in the second year, a
22    further adjustment of rates shall  be  made  to  reflect  the
23    actual   first   year's  claims  experience  of  the  covered
24    annuitants.
25        (m)  The Director shall adopt any rules deemed  necessary
26    for implementation of this amendatory Act of 1989 (Public Act
27    86-978).
28    (Source:  P.A.  89-53,  eff.  7-1-95;  89-236,  eff.  8-4-95;
29    89-324,  eff.  8-13-95;  89-626,  eff.  8-9-96;  90-65,  eff.
30    7-7-97; revised 1-13-98.)
31        Section  10.   The  Illinois  Pension  Code is amended by
32    changing Sections  16-133,  16-152,  and  16-158  and  adding
33    Section 16-129.1 as follows:
                            -25-               LRB9011288EGfg
 1        (40 ILCS 5/16-129.1 new)
 2        Sec. 16-129.1.  Optional increase in retirement annuity.
 3        (a)  A member of the System may qualify for the augmented
 4    rate  under  subdivision  (a)(B)(1) of Section 16-133 for all
 5    years of creditable service earned before  July  1,  1998  by
 6    making the optional contribution specified in subsection (b).
 7    A  member may not elect to qualify for the augmented rate for
 8    only a portion of his or her creditable service earned before
 9    July 1, 1998.
10        (b)  The contribution shall be an amount equal  to  0.85%
11    of  the  member's  highest  salary  rate in the 4 consecutive
12    years  of  service  immediately  prior   to   the   date   of
13    application,  multiplied  by the number of years by which the
14    amount of creditable service earned by the member before July
15    1, 1998 exceeds the amount of creditable  service  earned  by
16    the  member  after  June  30,  1998;  subject  to  a  maximum
17    contribution of 17% of that salary rate.
18        The  member  shall  pay  to  the System the amount of the
19    contribution as calculated at the time of  application  under
20    this  Section.   The  amount  of  the contribution determined
21    under this subsection shall be recalculated at  the  time  of
22    retirement, and if the System determines that the amount paid
23    by  the  member  exceeds  the recalculated amount, the System
24    shall refund  the  difference  to  the  member  with  regular
25    interest from the date of payment to the date of refund.
26        The  contribution  required  by  this subsection shall be
27    paid in one of the following ways or in a combination of  the
28    following ways that does not extend over more than 5 years:
29             (i)  in  a  lump  sum  on  or  before  the  date  of
30        retirement;
31             (ii)  in  substantially  equal  installments  over a
32        period of time not to exceed 5 years, as a deduction from
33        salary in  accordance  with  subsection  (b)  of  Section
34        16-154;
                            -26-               LRB9011288EGfg
 1             (iii)  if  the  member  becomes  an annuitant before
 2        June   30,   2003,   in   substantially   equal   monthly
 3        installments over a 24-month period, by a deduction  from
 4        the annuitant's monthly benefit.
 5        (c)  If  the  member  fails to make the full contribution
 6    under this Section in a timely  fashion,  the  payments  made
 7    under  this  Section shall be refunded to the member, without
 8    interest.   If  the  member  dies  before  making  the   full
 9    contribution,  the payments made under this Section, together
10    with regular interest  thereon,  shall  be  refunded  to  the
11    member's estate.
12        (d)  For   purposes   of  this  Section  and  subdivision
13    (a)(B)(1) of  Section  16-133,  optional  creditable  service
14    established  by  a member shall be deemed to have been earned
15    at the time of the employment or other qualifying event  upon
16    which  the  service  is  based,  rather  than at the time the
17    credit was established in this System.
18        (40 ILCS 5/16-133) (from Ch. 108 1/2, par. 16-133)
19        Sec. 16-133.  Retirement annuity; amount.
20        (a)  The amount of the retirement annuity  shall  be  the
21    larger of the amounts determined under paragraphs (A) and (B)
22    below:
23             (A)  An   amount   consisting  of  the  sum  of  the
24        following:
25                  (1)  An amount  that  can  be  provided  on  an
26             actuarially   equivalent   basis   by  the  member's
27             accumulated contributions at the time of retirement;
28             and
29                  (2)  The sum of (i)  the  amount  that  can  be
30             provided  on  an actuarially equivalent basis by the
31             member's  accumulated   contributions   representing
32             service  prior  to July 1, 1947, and (ii) the amount
33             that can be provided on  an  actuarially  equivalent
                            -27-               LRB9011288EGfg
 1             basis  by  the  amount  obtained  by multiplying 1.4
 2             times   the   member's   accumulated   contributions
 3             covering service subsequent to June 30, 1947; and
 4                  (3)  If there is prior  service,  2  times  the
 5             amount   that   would  have  been  determined  under
 6             subparagraph (2) of paragraph (A) above  on  account
 7             of  contributions  which would have been made during
 8             the period of prior service creditable to the member
 9             had the System been in operation and had the  member
10             made  contributions  at  the  contribution  rate  in
11             effect prior to July 1, 1947.
12             (B)  An  amount  consisting  of  the  greater of the
13        following:
14                  (1)  For creditable service earned before  July
15             1,  1998  that  has not been augmented under Section
16             16-129.1:  1.67% of final average salary for each of
17             the first 10 years of creditable service,  1.90%  of
18             final  average  salary for each year in excess of 10
19             but not exceeding 20, 2.10% of final average  salary
20             for  each year in excess of 20 but not exceeding 30,
21             and 2.30% of final average salary for each  year  in
22             excess of 30; and
23                  For  creditable service earned on or after July
24             1, 1998 by a member who has at  least  30  years  of
25             creditable  service on July 1, 1998 and who does not
26             elect to augment  service  under  Section  16-129.1:
27             2.3%  of  final  average  salary  for  each  year of
28             creditable service earned on or after July 1,  1998;
29             and
30                  For  all  other  creditable  service:   2.2% of
31             final average salary for  each  year  of  creditable
32             service; or
33                  (2)  1.5%  1 1/2%  of  final average salary for
34             each year of creditable service plus the  sum  $7.50
                            -28-               LRB9011288EGfg
 1             for  each  of  the  first  20  years  of  creditable
 2             service.
 3        The  amount  of  the  retirement annuity determined under
 4        this paragraph (B) shall be reduced by 1/2 of 1% for each
 5        month that the member is less than age 60 at the time the
 6        retirement annuity begins.  However, this reduction shall
 7        not apply (i) if the member has  at  least  35  years  of
 8        creditable  service,  or  (ii)  if  the member retires on
 9        account of disability  under  Section  16-149.2  of  this
10        Article with at least 20 years of creditable service.
11        (b)  For  purposes  of this Section, final average salary
12    shall be the average salary for  the  highest  4  consecutive
13    years  within  the  last  10  years  of creditable service as
14    determined under rules  of  the  board.   The  minimum  final
15    average salary shall be considered to be $2,400 per year.
16        In  the determination of final average salary for members
17    other than elected officials and their appointees  when  such
18    appointees  are  allowed  by statute, that part of a member's
19    salary for any year  beginning  after  June  30,  1979  which
20    exceeds  the  member's  annual full-time salary rate with the
21    same employer for the preceding year by more than  20%  shall
22    be excluded.
23        (c)  In  determining the amount of the retirement annuity
24    under paragraph (B) of this Section, a fractional year  shall
25    be granted proportional credit.
26        (d)  The  retirement  annuity  determined under paragraph
27    (B) of this Section shall be available only  to  members  who
28    render  teaching  service after July 1, 1947 for which member
29    contributions are required, and to  annuitants  who  re-enter
30    under the provisions of Section 16-150.
31        (e)  The   maximum   retirement  annuity  provided  under
32    paragraph (B) of this Section shall be 75% of  final  average
33    salary.
34    (Source: P.A. 86-273; 87-794; 87-1265.)
                            -29-               LRB9011288EGfg
 1        (40 ILCS 5/16-152) (from Ch. 108 1/2, par. 16-152)
 2        Sec. 16-152. Contributions by members.
 3        (a)  Each  member shall make contributions for membership
 4    service to this System as follows:
 5        (1)  Effective July 1, 1998 1971, contributions of  7.35%
 6    6 1/2%  of salary towards the cost of the retirement annuity.
 7    Such contributions shall be deemed "normal contributions".
 8        (2)  Effective July 1, 1969, contributions of 1/2  of  1%
 9    of salary toward the cost of the automatic annual increase in
10    retirement annuity provided under Section 16-133.1.
11        (3)  Effective  July  24,  1959,  contributions  of 1% of
12    salary  towards  the  cost  of   survivor   benefits.    Such
13    contributions shall not be credited to the individual account
14    of  the  member  and shall not be subject to refund except as
15    provided under Section 16-143.2.
16        (b)  The minimum required contribution for  any  year  of
17    full-time teaching service shall be $192.
18        (c)  Contributions shall not be required of any annuitant
19    receiving   a  retirement  annuity  who  is  given  temporary
20    employment not exceeding that permitted under Section 16-118.
21        (d)  A person who (i) was a member before July  1,  1998,
22    (ii)  retires  with more than 34 years of creditable service,
23    and (iii) does not elect to qualify for  the  augmented  rate
24    under  Section  16-129.1  shall  be  entitled, at the time of
25    retirement, to receive a partial refund of contributions made
26    under this Section for service occurring after the  later  of
27    June  30,  1998  or  attainment  of  34  years  of creditable
28    service, in an amount equal to 0.85% of the salary upon which
29    those contributions were based.
30    (Source: P.A. 83-1440.)
31        (40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)
32        Sec. 16-158.  Contributions by State and other  employing
33    units.
                            -30-               LRB9011288EGfg
 1        (a)  The  State shall make contributions to the System by
 2    means of appropriations from the Common School Fund and other
 3    State funds of amounts which, together  with  other  employer
 4    contributions, employee contributions, investment income, and
 5    other  income,  will  be  sufficient  to  meet  the  cost  of
 6    maintaining  and  administering  the  System  on a 90% funded
 7    basis in accordance with actuarial recommendations.
 8        The  Board  shall   determine   the   amount   of   State
 9    contributions  required  for each fiscal year on the basis of
10    the actuarial tables and other  assumptions  adopted  by  the
11    Board  and  the  recommendations  of  the  actuary, using the
12    formula in subsection (b-3).
13        (a-1)  Annually, on or  before  November  15,  the  board
14    shall  certify  to  the  Governor  the amount of the required
15    State  contribution  for  the  coming   fiscal   year.    The
16    certification   shall   include   a  copy  of  the  actuarial
17    recommendations upon which it is based.
18        (b)  Through  State   fiscal   year   1995,   the   State
19    contributions  shall be paid to the System in accordance with
20    Section 18-7 of the School Code.
21        (b-1)  Beginning in State fiscal year 1996, on  the  15th
22    day   of  each  month,  or  as  soon  thereafter  as  may  be
23    practicable, the Board shall submit vouchers for  payment  of
24    State  contributions to the System, in a total monthly amount
25    of one-twelfth of  the  required  annual  State  contribution
26    certified  under  subsection  (a-1).  These vouchers shall be
27    paid by the State Comptroller and Treasurer by warrants drawn
28    on the funds appropriated to the System for that fiscal year.
29        If in any month the amount remaining unexpended from  all
30    other  appropriations to the System for the applicable fiscal
31    year  (including  the  appropriations  to  the  System  under
32    Section 8.12 of the State Finance Act and Section  1  of  the
33    State  Pension  Funds  Continuing  Appropriation Act) is less
34    than the amount lawfully vouchered under this subsection, the
                            -31-               LRB9011288EGfg
 1    difference shall be paid from the Common  School  Fund  under
 2    the  continuing  appropriation  authority provided in Section
 3    1.1 of the State Pension Funds Continuing Appropriation Act.
 4        (b-2)  Allocations   from   the   Common   School    Fund
 5    apportioned  to school districts not coming under this System
 6    shall not be diminished or affected by the provisions of this
 7    Article.
 8        (b-3)  For State fiscal  years  2011  through  2045,  the
 9    minimum  contribution  to  the System to be made by the State
10    for each fiscal year shall be an  amount  determined  by  the
11    System  to  be  sufficient  to  bring the total assets of the
12    System up to 90% of the total actuarial  liabilities  of  the
13    System by the end of State fiscal year 2045.  In making these
14    determinations,  the  required  State  contribution  shall be
15    calculated each year as a level percentage  of  payroll  over
16    the  years  remaining  to  and including fiscal year 2045 and
17    shall be determined under the projected unit credit actuarial
18    cost method.
19        For State fiscal  years  1996  through  2010,  the  State
20    contribution to the System, as a percentage of the applicable
21    employee   payroll,   shall  be  increased  in  equal  annual
22    increments so that by State fiscal year 2011,  the  State  is
23    contributing  at the rate required under this Section; except
24    that in the following specified State fiscal years, the State
25    contribution to  the  System  shall  not  be  less  than  the
26    following  indicated  percentages  of the applicable employee
27    payroll, even if the  indicated  percentage  will  produce  a
28    State contribution in excess of the amount otherwise required
29    under this subsection and subsection (a), and notwithstanding
30    any contrary certification made under subsection (a-1) before
31    the effective date of this amendatory Act of 1998:  9.932% in
32    FY  1999;  10.632% in FY 2000; 11.332% in FY 2001; 12.022% in
33    FY 2002; 12.722% in FY 2003; 13.422% in FY 2004;  14.112%  in
34    FY  2005;  14.812% in FY 2006; 15.512% in FY 2007; 16.202% in
                            -32-               LRB9011288EGfg
 1    FY 2008; 16.902% in FY 2009; and 17.602% in FY 2010.
 2        Beginning in State fiscal year 2046,  the  minimum  State
 3    contribution  for each fiscal year shall be the amount needed
 4    to maintain the total assets of the  System  at  90%  of  the
 5    total actuarial liabilities of the System.
 6        (c)  Payment  of  the required State contributions and of
 7    all pensions, retirement annuities, death benefits,  refunds,
 8    and  other  benefits granted under or assumed by this System,
 9    and all expenses in connection with  the  administration  and
10    operation thereof, are obligations of the State.
11        If  members  are paid from special trust or federal funds
12    which are administered by the employing unit, whether  school
13    district  or  other unit, the employing unit shall pay to the
14    System from such funds the  full  accruing  retirement  costs
15    based  upon  that  service,  as  determined  by  the  System.
16    Employer  contributions, based on salary paid to members from
17    federal funds, may be forwarded by the distributing agency of
18    the State of Illinois to the System prior to  allocation,  in
19    an   amount   determined   in   accordance   with  guidelines
20    established by such agency and the System.
21        (d)  Effective July 1, 1986, any employer of a teacher as
22    defined in paragraph (8) of  Section  16-106  shall  pay  the
23    employer's  normal  cost of benefits based upon the teacher's
24    service, in addition to employee contributions, as determined
25    by  the  System.   Such  employer  contributions   shall   be
26    forwarded  monthly  in accordance with guidelines established
27    by the System.
28        However, with respect to benefits granted  under  Section
29    16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
30    of  Section  16-106, the employer's contribution shall be 12%
31    (rather than 20%) of the member's highest annual salary  rate
32    for each year of creditable service granted, and the employer
33    shall  also  pay the required employee contribution on behalf
34    of the teacher.  For the purposes of  Sections  16-133.4  and
                            -33-               LRB9011288EGfg
 1    16-133.5,  a  teacher  as defined in paragraph (8) of Section
 2    16-106 who is serving in that  capacity  while  on  leave  of
 3    absence from another employer under this Article shall not be
 4    considered an employee of the employer from which the teacher
 5    is on leave.
 6        (e)  Beginning  July 1, 1998, every employer of a teacher
 7    shall pay to the System an employer contribution computed  as
 8    follows:
 9             (1)  Beginning  July  1, 1998 through June 30, 1999,
10        the employer contribution shall be equal to 0.3% of  each
11        teacher's salary.
12             (2)  Beginning  July  1, 1999 through June 30, 2000,
13        the employer contribution shall be equal to 0.6% of  each
14        teacher's salary.
15             (3)  Beginning  July  1,  2000  and  thereafter, the
16        employer contribution shall be  equal  to  0.9%  of  each
17        teacher's salary.
18    The  school  district  or  other employing unit may pay these
19    employer contributions out of any source of funding available
20    for that purpose and shall forward the contributions  to  the
21    System  on the schedule established for the payment of member
22    contributions.
23        These employer contributions are  intended  to  offset  a
24    portion  of  the  cost  to  the  System  of  the increases in
25    retirement benefits resulting from  this  amendatory  Act  of
26    1998.
27    (Source: P.A. 87-1265; 88-593, eff. 8-22-94.)
28        Section  99.  Effective date.  This Act takes effect upon
29    becoming law.

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