State of Illinois
91st General Assembly
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Public Act 91-0927

HB1582 Enrolled                                LRB9101659EGfg

    AN ACT in relation to public employee benefits.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Pension  Code  is amended by
changing Sections 14-107, 14-108, 14-114, 16-132, 16-133, and
16-133.1 as follows:

    (40 ILCS 5/14-107) (from Ch. 108 1/2, par. 14-107)
    Sec. 14-107.  Retirement annuity  -  service  and  age  -
conditions.    A  member  is entitled to a retirement annuity
after having at least 8 years of creditable service.
    A member who has at least 35 years of creditable  service
may claim his or her retirement annuity at any age.  A member
having  at  least 8 years of creditable service but less than
35 may claim his or her  retirement  annuity  upon  or  after
attainment  of  age  60  or,  beginning  January 1, 2001, any
lesser age which, when added to the number of years of his or
her creditable service, equals at least 85.  A member upon or
after attainment of age 55 having at least 25 years 30  years
of  creditable  service  (30  years  if  retirement is before
January 1, 2001) may elect to receive  the  lower  retirement
annuity  provided  in paragraph (c) of Section 14-108 of this
Code.  For purposes of the rule  of  85,  portions  of  years
shall be counted in whole months.
    The  allowance  shall  begin with the first full calendar
month specified in the  member's  application  therefor,  the
first day of which shall not be before the date of withdrawal
as  approved  by  the  board.   Regardless  of  the  date  of
withdrawal,  the  allowance need not begin within one year of
application therefor.
(Source: P.A. 82-342.)
    (40 ILCS 5/14-108) (from Ch. 108 1/2, par. 14-108)
    Sec. 14-108.  Amount of retirement annuity.  A member who
has contributed to the System for at least 12 months shall be
entitled  to  a  prior  service  annuity  for  each  year  of
certified prior service credited to him, except that a member
shall receive 1/3 of the prior service annuity for each  year
of  service for which contributions have been made and all of
such annuity shall be  payable  after  the  member  has  made
contributions for a period of 3 years.  Proportionate amounts
shall  be  payable for service of less than a full year after
completion of at least 12 months.
    The  total  period  of  service  to  be   considered   in
establishing  the  measure  of  prior  service  annuity shall
include service credited in the Teachers'  Retirement  System
of   the   State  of  Illinois  and  the  State  Universities
Retirement System for which contributions have been  made  by
the  member to such systems; provided that at least 1 year of
the total period of 3 years prescribed for the allowance of a
full measure  of  prior  service  annuity  shall  consist  of
membership  service  in this system for which credit has been
granted.
    (a)  In the case of a member  who  retires  on  or  after
January  1, 1998 and is a noncovered employee, the retirement
annuity for membership service and  prior  service  shall  be
2.2%  of final average compensation for each year of service.
Any service credit established as a covered employee shall be
computed as stated in paragraph (b).
    (b)  In the case of a member  who  retires  on  or  after
January  1,  1998  and  is a covered employee, the retirement
annuity for membership service and  prior  service  shall  be
computed  as  stated  in paragraph (a) for all service credit
established as a  noncovered  employee;  for  service  credit
established  as a covered employee it shall be 1.67% of final
average compensation for each year of service.
    (c)  For a member with 30  but  less  than  35  years  of
creditable service retiring after attaining age 55 but before
age  60 with at least 30 but less than 35 years of creditable
service if retirement is before January 1, 2001, or  with  at
least  25  but  less  than  30 years of creditable service if
retirement is on or after January  1,  2001,  the  retirement
annuity shall be reduced by 1/2 of 1% for each month that the
member's age is under age 60 at the time of retirement.
    (d)  A  retirement  annuity shall not exceed 75% of final
average compensation, subject to such extension as may result
from the application of Section 14-114 or Section 14-115.
    (e)  The  retirement  annuity  payable  to  any   covered
employee  who  is  a  member  of the System and in service on
January 1, 1969, or in service thereafter in 1969 as a result
of legislation  enacted  by  the  Illinois  General  Assembly
transferring  the  member  to  State  employment  from county
employment in a county Department of Public Aid  in  counties
of 3,000,000 or more population, under a plan of coordination
with   the  Old  Age,  Survivors  and  Disability  provisions
thereof, if not fully insured for Old Age Insurance  payments
under the Federal Old Age, Survivors and Disability Insurance
provisions at the date of acceptance of a retirement annuity,
shall  not be less than the amount for which the member would
have been eligible if coordination were not applicable.
    (f)  The  retirement  annuity  payable  to  any   covered
employee  who  is  a  member  of the System and in service on
January 1, 1969, or in service thereafter in 1969 as a result
of the legislation designated in  the  immediately  preceding
paragraph,  if  fully  insured for Old Age Insurance payments
under  the  Federal  Social  Security  Act  at  the  date  of
acceptance of a retirement annuity, shall not be less than an
amount which when added  to  the  Primary  Insurance  Benefit
payable  to  the  member upon attainment of age 65 under such
Federal Act, will equal the annuity which would otherwise  be
payable   if  the  coordinated  plan  of  coverage  were  not
applicable.
    (g)  In  the  case  of  a  member  who  is  a  noncovered
employee, the retirement annuity for membership service as  a
security   employee  of  the  Department  of  Corrections  or
security employee of the Department of Human  Services  shall
be  1.9%  of final average compensation for each of the first
10 years of service,; 2.1% for each of the next 10  years  of
service,;  2.25% for each year of service in excess of 20 but
not exceeding 30,; and 2.5% for each year in  excess  of  30;
except  that  the  annuity may be calculated under subsection
(a) rather than this subsection (g) if the resulting  annuity
is greater.
    (h)  In  the  case of a member who is a covered employee,
the retirement annuity for membership service as  a  security
employee   of  the  Department  of  Corrections  or  security
employee of the Department of Human Services shall  be  1.67%
of  final average compensation for each of the first 10 years
of service,; 1.90% for each of the next 10 years of service,;
2.10% for each year of  service  in  excess  of  20  but  not
exceeding 30,; and 2.30% for each year in excess of 30.
    (i)  For  the purposes of this Section and Section 14-133
of this Act, the term "security employee of the Department of
Corrections"  and  the  term  "security   employee   of   the
Department   of  Human  Services"  shall  have  the  meanings
ascribed to them in subsection (c) of Section 14-110.
    (j)  The  retirement   annuity   computed   pursuant   to
paragraphs  (g)  or  (h)  shall  be  applicable only to those
security employees  of  the  Department  of  Corrections  and
security  employees  of  the Department of Human Services who
have at least 20 years of membership service and who are  not
eligible  for  the  alternative  retirement  annuity provided
under Section 14-110.  However, persons transferring to  this
System  under  Section 14-108.2 who have service credit under
Article 16  of  this  Code  may  count  such  service  toward
establishing  their  eligibility  under  the  20-year service
requirement of this subsection; but such service may be  used
only  for  establishing  such  eligibility,  and  not for the
purpose of increasing or calculating any benefit.
    (k)  (Blank).
    (l)  The changes to this Section made by this  amendatory
Act  of  1997  (changing  certain retirement annuity formulas
from a stepped rate to a flat  rate)  apply  to  members  who
retire on or after January 1, 1998, without regard to whether
employment  terminated  before  the  effective  date  of this
amendatory Act of 1997.  An annuity shall not  be  calculated
in  steps  by  using the new flat rate for some steps and the
superseded stepped rate for other steps of the same  type  of
service.
(Source:  P.A.  89-507,  eff.  7-1-97;  90-65,  eff.  7-7-97;
90-448, eff. 8-16-97; 90-655, eff. 7-30-98.)

    (40 ILCS 5/14-114) (from Ch. 108 1/2, par. 14-114)
    Sec. 14-114.  Automatic increase in retirement annuity.
    (a)  Any person receiving a retirement annuity under this
Article  who  retires  having attained age 60, or who retires
before age 60 having at least 35 years of creditable service,
or who retires on or after January 1, 2001 at an  age  which,
when  added  to  the number of years of his or her creditable
service, equals at  least  85,  shall,  on  January  1,  next
following  the first full year of retirement, have the amount
of the then fixed  and  payable  monthly  retirement  annuity
increased  3%.   Any  person  receiving  a retirement annuity
under this Article who retires before attainment  of  age  60
and  with  less  than  (i)  35 years of creditable service if
retirement is before January 1, 2001, or (ii) the  number  of
years of creditable service which, when added to the member's
age,  would equal 85, if retirement is on or after January 1,
2001,  shall  have  the  amount  of  the  fixed  and  payable
retirement annuity increased by 3% on the January 1 occurring
on or next following (1) attainment of age  60,  or  (2)  the
first  anniversary  of  retirement,  whichever  occurs later.
However, for persons who receive the  alternative  retirement
annuity  under  Section 14-110, references in this subsection
(a) to attainment of age 60  shall  be  deemed  to  refer  to
attainment   of   age  55.   For  a  person  receiving  early
retirement incentives under Section 14-108.3 whose retirement
annuity began after January 1, 1992 pursuant to an  extension
granted  under  subsection  (e)  of  that  Section, the first
anniversary of retirement shall be deemed to  be  January  1,
1993.
    On  each  January  1  following  the  date of the initial
increase  under  this  subsection,  the  employee's   monthly
retirement annuity shall be increased by an additional 3%.
    Beginning January 1, 1990, all automatic annual increases
payable   under   this  Section  shall  be  calculated  as  a
percentage of the total annuity payable at the  time  of  the
increase,  including  previous  increases  granted under this
Article.
    (b)  The provisions of subsection  (a)  of  this  Section
shall be applicable to an employee only if the employee makes
the additional contributions required after December 31, 1969
for  the purpose of the automatic increases for not less than
the equivalent of one full year. If an  employee  becomes  an
annuitant  before his additional contributions equal one full
year's contributions based on  his  salary  at  the  date  of
retirement, the employee may pay the necessary balance of the
contributions   to  the  system,  without  interest,  and  be
eligible  for  the  increasing  annuity  authorized  by  this
Section.
    (c)  The provisions of subsection  (a)  of  this  Section
shall not be applicable to any annuitant who is on retirement
on  December  31,  1969,  and  thereafter  returns  to  State
service,  unless the member has established at least one year
of  additional  creditable  service  following  reentry  into
service.
    (d)  In addition to other increases which may be provided
by this Section, on January 1, 1981  any  annuitant  who  was
receiving  a  retirement annuity on or before January 1, 1971
shall have his retirement annuity then being  paid  increased
$1 per month for each year of creditable service.  On January
1,  1982,  any  annuitant  who  began  receiving a retirement
annuity  on  or  before  January  1,  1977,  shall  have  his
retirement annuity then being paid increased $1 per month for
each year of creditable service.
    On January 1, 1987, any annuitant who began  receiving  a
retirement  annuity  on or before January 1, 1977, shall have
the monthly retirement annuity increased by an  amount  equal
to  8¢  per  year  of  creditable service times the number of
years that have elapsed since the annuity began.
    (e)  Every person who receives the alternative retirement
annuity under Section 14-110 and who is eligible  to  receive
the  3%  increase  under  subsection  (a) on January 1, 1986,
shall also receive  on  that  date  a  one-time  increase  in
retirement  annuity  equal  to the difference between (1) his
actual  retirement  annuity  on  that  date,  including   any
increases  received  under subsection (a), and (2) the amount
of retirement annuity he would have received on that date  if
the  amendments  to  subsection (a) made by Public Act 84-162
had been in effect since the date of his retirement.
(Source: P.A. 86-273; 87-1265.)

    (40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
    Sec. 16-132.  Retirement annuity eligibility.   A  member
who  has  at least 20 years of creditable service is entitled
to a retirement annuity upon or after attainment of  age  55.
A  member  who  has  at  least  10  but less than 20 years of
creditable service is entitled to a retirement  annuity  upon
or  after  attainment of age 60.  A member who has at least 5
but less than 10 years of creditable service is entitled to a
retirement annuity upon or after attainment of  age  62.    A
member  who  (i)  has  earned  during  the period immediately
preceding the last day  of  service  at  least  one  year  of
contributing   creditable   service   as  an  employee  of  a
department as defined in Section 14-103.04, (ii)  has  earned
at  least  5  years  of contributing creditable service as an
employee of a department as defined in Section 14-103.04, and
(iii) retires on or after January 1, 2001 is  entitled  to  a
retirement  annuity upon or after attainment of an age which,
when added to the  number  of  years  of  his  or  her  total
creditable  service,  equals  at least 85.  Portions of years
shall be counted as decimal equivalents.
    A member who is eligible to receive a retirement  annuity
of at least 74.6% of final average salary and will attain age
55  on  or before December 31 during the year which commences
on July 1 shall be deemed to attain age 55 on  the  preceding
June 1.
    A  member  meeting  the  above  eligibility conditions is
entitled to a retirement annuity upon written application  to
the  board  setting  forth  the  date  the  member wishes the
retirement annuity to commence.  However, the effective  date
of  the  retirement  annuity shall be no earlier than the day
following the last day of creditable service,  regardless  of
the  date  of  official  termination  of  employment.   To be
eligible for a retirement annuity,  a  member  shall  not  be
employed  as  a  teacher  in  the schools included under this
System or under Article 17, unless the member is disabled (in
which event, eligibility for salary must  cease),  or  unless
the System is required by federal law to commence payment due
to  the  member's  age;  the changes to this sentence made by
this amendatory Act of 1991 shall  apply  without  regard  to
whether  the member terminated employment before or after its
effective date.
(Source: P.A. 90-582, eff. 5-27-98.)

    (40 ILCS 5/16-133) (from Ch. 108 1/2, par. 16-133)
    Sec. 16-133.  Retirement annuity; amount.
    (a)  The amount of the retirement annuity  shall  be  the
larger of the amounts determined under paragraphs (A) and (B)
below:
         (A)  An   amount   consisting  of  the  sum  of  the
    following:
              (1)  An amount  that  can  be  provided  on  an
         actuarially   equivalent   basis   by  the  member's
         accumulated contributions at the time of retirement;
         and
              (2)  The sum of (i)  the  amount  that  can  be
         provided  on  an actuarially equivalent basis by the
         member's  accumulated   contributions   representing
         service  prior  to July 1, 1947, and (ii) the amount
         that can be provided on  an  actuarially  equivalent
         basis  by  the  amount  obtained  by multiplying 1.4
         times   the   member's   accumulated   contributions
         covering service subsequent to June 30, 1947; and
              (3)  If there is prior  service,  2  times  the
         amount   that   would  have  been  determined  under
         subparagraph (2) of paragraph (A) above  on  account
         of  contributions  which would have been made during
         the period of prior service creditable to the member
         had the System been in operation and had the  member
         made  contributions  at  the  contribution  rate  in
         effect prior to July 1, 1947.
         (B)  An  amount  consisting  of  the  greater of the
    following:
              (1)  For creditable service earned before  July
         1,  1998  that  has not been augmented under Section
         16-129.1:  1.67% of final average salary for each of
         the first 10 years of creditable service,  1.90%  of
         final  average  salary for each year in excess of 10
         but not exceeding 20, 2.10% of final average  salary
         for  each year in excess of 20 but not exceeding 30,
         and 2.30% of final average salary for each  year  in
         excess of 30; and
              For  creditable service earned on or after July
         1, 1998 by a member who has at  least  24  years  of
         creditable  service on July 1, 1998 and who does not
         elect to augment  service  under  Section  16-129.1:
         2.2%  of  final  average  salary  for  each  year of
         creditable service earned on or after July  1,  1998
         but before the member reaches a total of 30 years of
         creditable  service and 2.3% of final average salary
         for each year of creditable  service  earned  on  or
         after  July  1,  1998 and after the member reaches a
         total of 30 years of creditable service; and
              For all  other  creditable  service:   2.2%  of
         final  average  salary  for  each year of creditable
         service; or
              (2)  1.5% of final average salary for each year
         of creditable service plus the sum $7.50 for each of
         the first 20 years of creditable service.
    The amount of the  retirement  annuity  determined  under
    this paragraph (B) shall be reduced by 1/2 of 1% for each
    month that the member is less than age 60 at the time the
    retirement annuity begins.  However, this reduction shall
    not  apply  (i)  if  the  member has at least 35 years of
    creditable service, or (ii)  if  the  member  retires  on
    account  of  disability  under  Section  16-149.2 of this
    Article with at least 20 years of creditable service,  or
    (iii)  if  the  member  (1)  has earned during the period
    immediately preceding the last day of  service  at  least
    one   year  of  contributing  creditable  service  as  an
    employee of a department as defined in Section 14-103.04,
    (2)  has  earned  at  least  5  years   of   contributing
    creditable  service  as  an  employee  of a department as
    defined in Section 14-103.04, (3)  retires  on  or  after
    January  1,  2001, and (4) retires having attained an age
    which, when added to the number of years of  his  or  her
    total  creditable  service, equals at least 85.  Portions
    of years shall be counted as decimal equivalents.
    (b)  For purposes of this Section, final  average  salary
shall  be  the  average  salary for the highest 4 consecutive
years within the last  10  years  of  creditable  service  as
determined  under  rules  of  the  board.   The minimum final
average salary shall be considered to be $2,400 per year.
    In the determination of final average salary for  members
other  than  elected officials and their appointees when such
appointees are allowed by statute, that part  of  a  member's
salary  for  any  year  beginning  after  June 30, 1979 which
exceeds the member's annual full-time salary  rate  with  the
same  employer  for the preceding year by more than 20% shall
be excluded.  The exclusion shall not apply in  any  year  in
which  the  member's creditable earnings are less than 50% of
the preceding year's mean salary for  downstate  teachers  as
determined by the survey of school district salaries provided
in Section 2-3.103 of the School Code.
    (c)  In  determining the amount of the retirement annuity
under paragraph (B) of this Section, a fractional year  shall
be granted proportional credit.
    (d)  The  retirement  annuity  determined under paragraph
(B) of this Section shall be available only  to  members  who
render  teaching  service after July 1, 1947 for which member
contributions are required, and to  annuitants  who  re-enter
under the provisions of Section 16-150.
    (e)  The   maximum   retirement  annuity  provided  under
paragraph (B) of this Section shall be 75% of  final  average
salary.
    (f)  A  member  retiring after the effective date of this
amendatory Act of 1998 shall receive a pension equal  to  75%
of final average salary if the member is qualified to receive
a retirement annuity equal to at least 74.6% of final average
salary  under this Article or as proportional annuities under
Article 20 of this Code.
(Source: P.A.  90-582,  eff.  5-27-98;  91-17,  eff.  6-4-99;
91-887, eff. 7-6-00.)

    (40 ILCS 5/16-133.1) (from Ch. 108 1/2, par. 16-133.1)
    Sec. 16-133.1.  Automatic annual increase in annuity.
    (a)  Each member with creditable service and retiring  on
or  after August 26, 1969 is entitled to the automatic annual
increases  in  annuity  provided  under  this  Section  while
receiving  a  retirement  annuity  or  disability  retirement
annuity from the system.
    An annuitant  shall  first  be  entitled  to  an  initial
increase  under  this Section on the January 1 next following
the first anniversary of retirement, or January 1 of the year
next following attainment of age 61, whichever is later.   At
such   time,   the  system  shall  pay  an  initial  increase
determined as follows:
         (1)  1.5%  of  the  originally  granted   retirement
    annuity  or  disability  retirement annuity multiplied by
    the number of years elapsed, if any, from  the  later  of
    (1)  attainment of age 55, or (2) the date of retirement,
    until January 1, 1972, plus
         (2)  2% of the originally granted annuity multiplied
    by the number of years elapsed, if any, from the date  of
    retirement  or  between  January  1,  1972,  whichever is

    later, until and January 1, 1978, plus
         (3)  3% of the originally granted annuity multiplied
    by  the  number  of  years  elapsed  from  the  date   of
    retirement  or  between  January  1,  1978,  whichever is
    later, until  and  the  effective  date  of  the  initial
    increase.
However,  the  initial  annual increase calculated under this
Section for the recipient of a disability retirement  annuity
granted  under Section 16-149.2 shall be reduced by an amount
equal to the total of all increases in that annuity  received
under  Section 16-149.5 (but not exceeding 100% of the amount
of  the  initial  increase  otherwise  provided  under   this
Section).
    Following   the   initial   increase,   automatic  annual
increases in annuity shall  be  payable  on  each  January  1
thereafter  during  the lifetime of the annuitant, determined
as a percentage of the originally granted retirement  annuity
or  disability retirement annuity for increases granted prior
to January 1, 1990, and calculated as  a  percentage  of  the
total  amount  of annuity, including previous increases under
this Section, for increases granted on or  after  January  1,
1990, as follows:  1.5% for periods prior to January 1, 1972,
2%  for  periods after December 31, 1971 and prior to January
1, 1978, and 3% for periods after December 31, 1977.
    (b)  The automatic annual increases in  annuity  provided
under  this  Section  shall not be applicable unless a member
has made contributions toward such  increases  for  a  period
equivalent  to  one  full  year  of creditable service.  If a
member contributes for service  performed  after  August  26,
1969   but  the  member  becomes  an  annuitant  before  such
contributions amount to one full year's  contributions  based
on  the  salary  at the date of retirement, he or she may pay
the necessary balance of the contributions to the system  and
be  eligible  for  the  automatic annual increases in annuity
provided under this Section.
    (c)  Each member shall make contributions toward the cost
of the automatic annual  increases  in  annuity  as  provided
under Section 16-152.
    (d)  An  annuitant  receiving  a  retirement  annuity  or
disability   retirement   annuity   on   July  1,  1969,  who
subsequently re-enters service as a teacher is  eligible  for
the automatic annual increases in annuity provided under this
Section  if he or she renders at least one year of creditable
service following the latest re-entry.
    (e)  In addition to the  automatic  annual  increases  in
annuity  provided  under this Section, an annuitant who meets
the service requirements of this Section and whose retirement
annuity or disability retirement annuity began on  or  before
January  1,  1971  shall  receive,  on  January  1,  1981, an
increase in the annuity then being paid  of  one  dollar  per
month  for  each  year  of creditable service.  On January 1,
1982, an annuitant whose  retirement  annuity  or  disability
retirement  annuity  began on or before January 1, 1977 shall
receive an increase in the annuity then  being  paid  of  one
dollar per month for each year of creditable service.
    On  January  1,  1987,  any  annuitant  whose  retirement
annuity  began on or before January 1, 1977, shall receive an
increase in the monthly retirement annuity equal  to  8¢  per
year  of  creditable  service  times the number of years that
have elapsed since the annuity began.
(Source: P.A. 86-273; 86-1488.)

    Section 99. Effective date.  This Act takes  effect  upon
becoming law.

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