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91_SB0114
LRB9100686EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 17-116.3 and to amend the State Mandates Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 17-116.3 as follows:
7 (40 ILCS 5/17-116.3)
8 Sec. 17-116.3. Early retirement incentives.
9 (a) A teacher who is covered by a collective bargaining
10 agreement shall not be eligible for the early retirement
11 incentives provided under this Section unless the collective
12 bargaining agent and the Board of Education have entered into
13 an agreement under which the agent agrees that any payment
14 for accumulated unused sick days to which the employee is
15 entitled upon withdrawal from service may be paid by the
16 Board of Education in installments over a period of up to 5
17 years, and a copy of this agreement has been filed with the
18 Board of the Fund.
19 To be eligible for the benefits provided in this Section,
20 a person must:
21 (1) be a member of this Fund who, on or after May
22 1, 1993, is (i) in active payroll status as a teacher, or
23 (ii) on layoff status from such a position with a right
24 of re-employment or recall to service, or (iii) on leave
25 of absence from such a position, but only if the member
26 on leave has not been receiving a disability benefit
27 under this Article for a continuous period of 2 years or
28 more as of the date of application;
29 (2) have not previously received a retirement
30 pension under this Article;
31 (3) file with the Board and the Board of Education,
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1 before August 15, 1993, a written application requesting
2 the benefits provided in this Section and a notice of
3 resignation from employment, which resignation must take
4 effect before September 1, 1993 unless the applicant's
5 retirement is delayed under subsection (e), (f), or (f-5)
6 of this Section;
7 (4) be eligible to receive a retirement pension
8 under this Article (for which purpose any age enhancement
9 or creditable service received under this Section may be
10 used) and elect to receive the retirement pension
11 beginning no earlier than June 1, 1993 and no later than
12 September 1, 1993 or the date established under
13 subsection (e), (f), or (f-5) of this Section, if
14 applicable;
15 (5) have attained age 50 (without the use of any
16 age enhancement or creditable service received under this
17 Section) by the effective date of the retirement pension;
18 (6) have at least 5 years of creditable service
19 under this Fund or any of the participating systems under
20 the Retirement Systems Reciprocal Act (without the use of
21 any creditable service received under this Section) by
22 the effective date of the retirement pension.
23 (b) An eligible person may establish up to 5 years of
24 creditable service under this Section. In addition, for each
25 period of creditable service established under this Section,
26 a person's age at retirement shall be deemed to be increased
27 by an equal period.
28 The creditable service established under this Section may
29 be used for all purposes under this Article and the
30 Retirement Systems Reciprocal Act, except for the purposes of
31 Section 17-116.1, and the determination of average salary or
32 compensation under this or any other Article of this Code.
33 The age enhancement established under this Section may be
34 used for all purposes under this Article (including
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1 calculation of a proportionate pension payable by this Fund
2 under the Retirement Systems Reciprocal Act), except for
3 purposes of the reversionary pension under Section 17-120,
4 and distributions required by federal law on account of age.
5 However, age enhancement established under this Section shall
6 not be used in determining benefits payable under other
7 Articles of this Code under the Retirement Systems Reciprocal
8 Act.
9 (c) For all creditable service established under this
10 Section, the employer must pay to the Fund an employer
11 contribution consisting of 12% of the member's highest annual
12 full-time rate of compensation for each year of creditable
13 service granted under this Section.
14 The employer contribution shall be paid to the Fund in
15 one of the following ways: (i) in a single sum at the time
16 of the member's retirement, (ii) in equal quarterly
17 installments over a period of 5 years from the date of
18 retirement, or (iii) subject to the approval of the Board of
19 the Fund, in unequal installments over a period of no more
20 than 5 years from the date of retirement, as provided in a
21 payment plan designed by the Fund to accommodate the needs of
22 the employer. The employer's failure to make the required
23 contributions in a timely manner shall not affect the payment
24 of the retirement pension.
25 For all creditable service established under this
26 Section, the employee must pay to the Fund an employee
27 contribution consisting of 4% of the member's highest annual
28 salary rate used in the determination of the retirement
29 pension for each year of creditable service granted under
30 this Section. The employee contribution shall be deducted
31 from the retirement annuity in 24 monthly installments.
32 (d) An annuitant who has received any age enhancement or
33 creditable service under this Section and whose pension is
34 suspended or cancelled under Section 17-149 or 17-150 shall
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1 thereby forfeit the age enhancement and creditable service.
2 The forfeiture of creditable service under this subsection
3 shall not entitle the employer to a refund of the employer
4 contribution paid under this Section, nor to forgiveness of
5 any part of that contribution that remains unpaid. The
6 forfeiture of creditable service under this subsection shall
7 not entitle the employee to a refund of the employee
8 contribution paid under this Section.
9 (e) If the number of employees of an employer that apply
10 for early retirement under this Section exceeds 30% of those
11 eligible, the employer may require that, for any or all of
12 the number of applicants in excess of that 30%, the starting
13 date of the retirement pension enhanced under this Section be
14 no earlier than June 1, 1994 and no later than September 1,
15 1994. The right to have the retirement pension begin before
16 June 1, 1994 shall be allocated among the applicants on the
17 basis of seniority in the service of that employer.
18 This delay applies only to persons who are applying for
19 early retirement incentives under this Section, and does not
20 prevent a person whose application for early retirement
21 incentives has been withdrawn from beginning to receive a
22 retirement pension on the earliest date upon which the person
23 is otherwise eligible under this Article.
24 (f) For a member who is notified after July 30, 1993,
25 but before November 29, 1993, that he or she will become a
26 supernumerary or reserve teacher in the 1993-1994 school
27 year: (1) the August 15, 1993 application deadline in
28 subdivision (a)(3) of this Section is extended to December
29 14, 1993, (2) the September 1, 1993 deadline in subdivision
30 (a)(4) of this Section is extended to December 14, 1993, and
31 (3) the member shall not be included in the calculation of
32 the 30% under subsection (e) and is not subject to delay in
33 retirement under that subsection.
34 (f-5) For a member who is notified after January 1,
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1 1994, but before March 1, 1994, that he or she will become a
2 reserve teacher in the 1993-1994 school year: (1) the August
3 15, 1993 application deadline in subdivision (a)(3) of this
4 Section is extended to April 1, 1994; (2) the September 1,
5 1993 deadline in subdivision (a)(4) of this Section is
6 extended to April 1, 1994; and (3) the member shall not be
7 included in the calculation of the 30% under subsection (e)
8 and is not subject to delay in retirement under that
9 subsection.
10 (g) A member who receives any early retirement incentive
11 under Section 17-116.4, 17-116.5 or 17-116.6 may not receive
12 any early retirement incentive under this Section.
13 (h) The version of this Section included in Public Act
14 88-85 is intended to and shall control over the version of
15 this Section included in Public Act 88-89, notwithstanding
16 Section 6 of the Statute on Statutes. All persons qualifying
17 for early retirement incentives under this Section shall be
18 subject to the limitations and restrictions provided in the
19 version of this Section included in Public Act 88-85, as
20 amended by Public Act 88-511.
21 (i) In addition to the benefits provided under the other
22 provisions of this Section, every person who receives early
23 retirement benefits under this Section is entitled to one
24 additional year of creditable service and a corresponding
25 year of additional age enhancement, for which no additional
26 contribution is required. Every person who receives early
27 retirement benefits under this Section whose retirement
28 annuity has been calculated on the basis of a 4-year average
29 salary is also entitled to have the annuity recalculated on
30 the basis of the average salary for the 3 highest consecutive
31 years within the last 10 years of service.
32 The additional benefits provided by this subsection (i)
33 shall begin to accrue on the date the retirement annuity
34 began, notwithstanding Section 17-157. The Fund shall
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1 recalculate all annuities originally calculated under this
2 Section to reflect the additional benefits provided under
3 this subsection and shall pay to the annuitant in a lump sum
4 the difference between the annuity payments paid before the
5 date of the recalculation and the recalculated amount of
6 those payments.
7 (Source: P.A. 88-85; 88-89; 88-511; 88-670, eff. 12-2-94.)
8 Section 10. The State Mandates Act is amended by adding
9 Section 8.23 as follows:
10 (30 ILCS 805/8.23 new)
11 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
12 and 8 of this Act, no reimbursement by the State is required
13 for the implementation of any mandate created by this
14 amendatory Act of the 91st General Assembly.
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.