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1 | | provisions of this Act or any collective bargaining agreement
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2 | | negotiated thereunder shall prevail and control.
Nothing in |
3 | | this Act shall be construed to replace or diminish the
rights |
4 | | of employees established by Sections 28 and 28a of the |
5 | | Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 |
6 | | of the Regional Transportation
Authority Act. The provisions of |
7 | | this Act are subject to Section 5 of the State Employees Group |
8 | | Insurance Act of 1971. Nothing in this Act shall be construed |
9 | | to replace the necessity of complaints against a sworn peace |
10 | | officer, as defined in Section 2(a) of the Uniform Peace |
11 | | Officer Disciplinary Act, from having a complaint supported by |
12 | | a sworn affidavit.
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13 | | (b) Except as provided in subsection (a) above, any |
14 | | collective bargaining
contract between a public employer and a |
15 | | labor organization executed pursuant
to this Act shall |
16 | | supersede any contrary statutes, charters, ordinances, rules
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17 | | or regulations relating to wages, hours and conditions of |
18 | | employment and
employment relations adopted by the public |
19 | | employer or its agents. Any collective
bargaining agreement |
20 | | entered into prior to the effective date of this Act
shall |
21 | | remain in full force during its duration.
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22 | | (c) It is the public policy of this State, pursuant to |
23 | | paragraphs (h)
and (i) of Section 6 of Article VII of the |
24 | | Illinois Constitution, that the
provisions of this Act are the |
25 | | exclusive exercise by the State of powers
and functions which |
26 | | might otherwise be exercised by home rule units. Such
powers |
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1 | | and functions may not be exercised concurrently, either |
2 | | directly
or indirectly, by any unit of local government, |
3 | | including any home rule
unit, except as otherwise authorized by |
4 | | this Act.
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5 | | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11 .)
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6 | | Section 10. The Illinois Pension Code is amended by |
7 | | changing Sections 1-160, 2-108.1, 2-124, 2-126, 8-125, 8-173, |
8 | | 8-251, 9-128.1, 9-133, 9-160, 9-164, 9-170, 9-174, 9-176, |
9 | | 9-219, 9-220, 9-235, 10-103, 10-109, 11-124, 11-169, 11-170, |
10 | | 11-230, 12-116, 12-149, 12-150, 12-167, 12-168, 12-169, |
11 | | 12-183, 12-190.3, 14-103.10, 14-131, 14-133, 15-113.6, 15-134, |
12 | | 15-134.5, 15-136, 15-136.3, 15-136.4, 15-141, 15-146, 15-154, |
13 | | 15-155, 15-157, 15-158.2, 16-133, 16-136.2, 16-152, 16-158, |
14 | | 17-116, 17-130, 17-149.1, 20-121, 20-123, 20-124, 20-125, and |
15 | | 20-131 and by adding Sections 1-166, 1-167, 2-119.02, 2-119.03, |
16 | | 2-119.04, 2-124.1, 2-126.2, 2-163, 8-103.1, 8-103.2, 8-103.3, |
17 | | 8-174.2, 8-190.1, 8-190.2, 8-190.3, 8-190.4, 8-255, 9-103.1, |
18 | | 9-103.2, 9-103.3, 9-170.3, 9-170.4, 9-170.5, 9-170.6, 9-170.7, |
19 | | 9-240, 10-110, 10-111, 11-123.1, 11-123.2, 11-123.3, 11-131.1, |
20 | | 11-131.2, 11-131.3, 11-131.4, 11-235, 12-125.2, 12-125.3, |
21 | | 12-125.4, 12-128.1, 12-128.2, 12-128.3, 12-151.3, 12-193.5, |
22 | | 14-108.2d, 14-108.2e, 14-108.2f, 14-109.1, 14-131.1, 14-133.2, |
23 | | 14-202, 15-103.4, 15-134.6, 15-134.7, 15-136.5, 15-155.1, |
24 | | 15-157.2, 15-158.5, 15-199, 16-133.6, 16-133.7, 16-133.8, |
25 | | 16-152.2, 16-158.2, 16-204, 17-109.3, 17-109.4, 17-109.5, |
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1 | | 17-130.4, 17-130.5, 17-130.6, 17-130.7, 17-160, and 17-165 as |
2 | | follows: |
3 | | (40 ILCS 5/1-160) |
4 | | Sec. 1-160. Provisions applicable to new hires. |
5 | | (a) The provisions of this Section apply to a person who, |
6 | | on or after January 1, 2011, first becomes a member or a |
7 | | participant under any reciprocal retirement system or pension |
8 | | fund established under this Code, other than a retirement |
9 | | system or pension fund established under Article 2, 3, 4, 5, 6, |
10 | | or 18 of this Code or, beginning on the effective date of this |
11 | | amendatory Act of the 97th General Assembly, a retirement |
12 | | system under Article 14, 15, or 16 of this Code , |
13 | | notwithstanding any other provision of this Code to the |
14 | | contrary, but do not apply to any self-managed plan established |
15 | | under this Code, to any person with respect to service as a |
16 | | sheriff's law enforcement employee under Article 7, or to any |
17 | | participant of the retirement plan established under Section |
18 | | 22-101. |
19 | | (b) "Final average salary" means the average monthly (or |
20 | | annual) salary obtained by dividing the total salary or |
21 | | earnings calculated under the Article applicable to the member |
22 | | or participant during the 96 consecutive months (or 8 |
23 | | consecutive years) of service within the last 120 months (or 10 |
24 | | years) of service in which the total salary or earnings |
25 | | calculated under the applicable Article was the highest by the |
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1 | | number of months (or years) of service in that period. For the |
2 | | purposes of a person who first becomes a member or participant |
3 | | of any retirement system or pension fund to which this Section |
4 | | applies on or after January 1, 2011, in this Code, "final |
5 | | average salary" shall be substituted for the following: |
6 | | (1) In Article Articles 7 (except for service as |
7 | | sheriff's law enforcement employees) and 15 , "final rate of |
8 | | earnings". |
9 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average |
10 | | annual salary for any 4 consecutive years within the last |
11 | | 10 years of service immediately preceding the date of |
12 | | withdrawal". |
13 | | (3) In Article 13, "average final salary". |
14 | | (4) (Blank) In Article 14, "final average |
15 | | compensation" . |
16 | | (5) In Article 17, "average salary". |
17 | | (6) In Section 22-207, "wages or salary received by him |
18 | | at the date of retirement or discharge". |
19 | | (b-5) Beginning on January 1, 2011, for all purposes under |
20 | | this Code (including without limitation the calculation of |
21 | | benefits and employee contributions), the annual earnings, |
22 | | salary, or wages (based on the plan year) of a member or |
23 | | participant to whom this Section applies shall not exceed |
24 | | $106,800; however, that amount shall annually thereafter be |
25 | | increased by the lesser of (i) 3% of that amount, including all |
26 | | previous adjustments, or (ii) one-half the annual unadjusted |
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1 | | percentage increase (but not less than zero) in the consumer |
2 | | price index-u
for the 12 months ending with the September |
3 | | preceding each November 1, including all previous adjustments. |
4 | | For the purposes of this Section, "consumer price index-u" |
5 | | means
the index published by the Bureau of Labor Statistics of |
6 | | the United States
Department of Labor that measures the average |
7 | | change in prices of goods and
services purchased by all urban |
8 | | consumers, United States city average, all
items, 1982-84 = |
9 | | 100. The new amount resulting from each annual adjustment
shall |
10 | | be determined by the Public Pension Division of the Department |
11 | | of Insurance and made available to the boards of the retirement |
12 | | systems and pension funds by November 1 of each year. |
13 | | (c) A member or participant is entitled to a retirement
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14 | | annuity upon written application if he or she has attained age |
15 | | 67 and has at least 10 years of service credit and is otherwise |
16 | | eligible under the requirements of the applicable Article. |
17 | | A member or participant who has attained age 62 and has at |
18 | | least 10 years of service credit and is otherwise eligible |
19 | | under the requirements of the applicable Article may elect to |
20 | | receive the lower retirement annuity provided
in subsection (d) |
21 | | of this Section. |
22 | | (d) The retirement annuity of a member or participant who |
23 | | is retiring after attaining age 62 with at least 10 years of |
24 | | service credit shall be reduced by one-half
of 1% for each full |
25 | | month that the member's age is under age 67. |
26 | | (e) Any retirement annuity or supplemental annuity shall be |
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1 | | subject to annual increases on the January 1 occurring either |
2 | | on or after the attainment of age 67 or the first anniversary |
3 | | of the annuity start date, whichever is later. Each annual |
4 | | increase shall be calculated at 3% or one-half the annual |
5 | | unadjusted percentage increase (but not less than zero) in the |
6 | | consumer price index-u for the 12 months ending with the |
7 | | September preceding each November 1, whichever is less, of the |
8 | | originally granted retirement annuity. If the annual |
9 | | unadjusted percentage change in the consumer price index-u for |
10 | | the 12 months ending with the September preceding each November |
11 | | 1 is zero or there is a decrease, then the annuity shall not be |
12 | | increased. |
13 | | (f) The initial survivor's or widow's annuity of an |
14 | | otherwise eligible survivor or widow of a retired member or |
15 | | participant who first became a member or participant on or |
16 | | after January 1, 2011 shall be in the amount of 66 2/3% of the |
17 | | retired member's or participant's retirement annuity at the |
18 | | date of death. In the case of the death of a member or |
19 | | participant who has not retired and who first became a member |
20 | | or participant on or after January 1, 2011, eligibility for a |
21 | | survivor's or widow's annuity shall be determined by the |
22 | | applicable Article of this Code. The initial benefit shall be |
23 | | 66 2/3% of the earned annuity without a reduction due to age. A |
24 | | child's annuity of an otherwise eligible child shall be in the |
25 | | amount prescribed under each Article if applicable. Any |
26 | | survivor's or widow's annuity shall be increased (1) on each |
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1 | | January 1 occurring on or after the commencement of the annuity |
2 | | if
the deceased member died while receiving a retirement |
3 | | annuity or (2) in
other cases, on each January 1 occurring |
4 | | after the first anniversary
of the commencement of the annuity. |
5 | | Each annual increase shall be calculated at 3% or one-half the |
6 | | annual unadjusted percentage increase (but not less than zero) |
7 | | in the consumer price index-u for the 12 months ending with the |
8 | | September preceding each November 1, whichever is less, of the |
9 | | originally granted survivor's annuity. If the annual |
10 | | unadjusted percentage change in the consumer price index-u for |
11 | | the 12 months ending with the September preceding each November |
12 | | 1 is zero or there is a decrease, then the annuity shall not be |
13 | | increased. |
14 | | (g) (Blank). The benefits in Section 14-110 apply only if |
15 | | the person is a State policeman, a fire fighter in the fire |
16 | | protection service of a department, or a security employee of |
17 | | the Department of Corrections or the Department of Juvenile |
18 | | Justice, as those terms are defined in subsection (b) of |
19 | | Section 14-110. A person who meets the requirements of this |
20 | | Section is entitled to an annuity calculated under the |
21 | | provisions of Section 14-110, in lieu of the regular or minimum |
22 | | retirement annuity, only if the person has withdrawn from |
23 | | service with not less than 20
years of eligible creditable |
24 | | service and has attained age 60, regardless of whether
the |
25 | | attainment of age 60 occurs while the person is
still in |
26 | | service. |
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1 | | (h) If a person who first becomes a member or a participant |
2 | | of a retirement system or pension fund subject to this Section |
3 | | on or after January 1, 2011 is receiving a retirement annuity |
4 | | or retirement pension under that system or fund and becomes a |
5 | | member or participant under any other system or fund created by |
6 | | this Code and is employed on a full-time basis, except for |
7 | | those members or participants exempted from the provisions of |
8 | | this Section under subsection (a) of this Section, then the |
9 | | person's retirement annuity or retirement pension under that |
10 | | system or fund shall be suspended during that employment. Upon |
11 | | termination of that employment, the person's retirement |
12 | | annuity or retirement pension payments shall resume and be |
13 | | recalculated if recalculation is provided for under the |
14 | | applicable Article of this Code. |
15 | | If a person who first becomes a member of a retirement |
16 | | system or pension fund subject to this Section on or after |
17 | | January 1, 2012 and is receiving a retirement annuity or |
18 | | retirement pension under that system or fund and accepts on a |
19 | | contractual basis a position to provide services to a |
20 | | governmental entity from which he or she has retired, then that |
21 | | person's annuity or retirement pension earned as an active |
22 | | employee of the employer shall be suspended during that |
23 | | contractual service. A person receiving an annuity or |
24 | | retirement pension under this Code shall notify the pension |
25 | | fund or retirement system from which he or she is receiving an |
26 | | annuity or retirement pension, as well as his or her |
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1 | | contractual employer, of his or her retirement status before |
2 | | accepting contractual employment. A person who fails to submit |
3 | | such notification shall be guilty of a Class A misdemeanor and |
4 | | required to pay a fine of $1,000. Upon termination of that |
5 | | contractual employment, the person's retirement annuity or |
6 | | retirement pension payments shall resume and, if appropriate, |
7 | | be recalculated under the applicable provisions of this Code. |
8 | | (i) (Blank). Notwithstanding any other provision of this |
9 | | Section, a person who first becomes a participant of the |
10 | | retirement system established under Article 15 on or after |
11 | | January 1, 2011 shall have the option to enroll in the |
12 | | self-managed plan created under Section 15-158.2 of this Code. |
13 | | (j) In the case of a conflict between the provisions of |
14 | | this Section and any other provision of this Code, the |
15 | | provisions of this Section shall control.
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16 | | (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11; |
17 | | 97-609, eff. 1-1-12.) |
18 | | (40 ILCS 5/1-166 new) |
19 | | Sec. 1-166. Actuarial review. The Commission on Government |
20 | | Forecasting and Accountability shall retain an independent |
21 | | actuarial firm that does not provide valuation services to any |
22 | | of the State-funded retirement systems, and that firm shall |
23 | | review and comment on the assumptions and methodologies used by |
24 | | those systems in determining liabilities and contributions. |
25 | | The actuarial firm shall report to the Commission before July |
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1 | | 1, 2013 and every 3 years thereafter. The report shall include, |
2 | | but need not be limited to: an evaluation of the sustainability |
3 | | of long-term funding schedules as compared to anticipated State |
4 | | revenues over the same projection period; a comparison of |
5 | | expected rates of asset return among the various systems, |
6 | | including comments on the rationale for any differences in such |
7 | | rates of return; and an evaluation of long-term payroll |
8 | | projections compared with anticipated individual salary growth |
9 | | and the revenue sources supporting such payrolls. |
10 | | (40 ILCS 5/1-167 new) |
11 | | Sec. 1-167. Maximum benefit limitation. In no circumstance |
12 | | shall the changes made to this Code by this amendatory Act of |
13 | | the 97th General Assembly result in a defined benefit pension |
14 | | or annuity based on a combination of the traditional benefit |
15 | | package and the revised benefit package or reformed benefit |
16 | | package, as applicable, that would be greater than what the |
17 | | participant would have received by remaining in the traditional |
18 | | benefit package.
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19 | | (40 ILCS 5/2-108.1) (from Ch. 108 1/2, par. 2-108.1)
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20 | | Sec. 2-108.1. Highest salary for annuity purposes.
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21 | | (a) "Highest salary for annuity purposes" means whichever |
22 | | of
the following is applicable to the participant:
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23 | | For a participant who first becomes a participant of this |
24 | | System before August 10, 2009 (the effective date of Public Act |
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1 | | 96-207):
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2 | | (1) For a participant who is a member of the General |
3 | | Assembly on his
or her last day of service: the highest |
4 | | salary that is prescribed by law,
on the participant's last |
5 | | day of service, for a member of the General
Assembly who is |
6 | | not an officer; plus, if the participant was elected or
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7 | | appointed to serve as an officer of the General Assembly |
8 | | for 2 or more
years and has made contributions as required |
9 | | under subsection (d) of
Section 2-126, the highest |
10 | | additional amount of compensation prescribed by
law, at the |
11 | | time of the participant's service as an officer, for |
12 | | members of
the General Assembly who serve in that office.
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13 | | (2) For a participant who holds one of the State |
14 | | executive offices
specified in Section 2-105 on his or her |
15 | | last day of service: the highest
salary prescribed by law |
16 | | for service in that office on the participant's
last day of |
17 | | service.
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18 | | (3) For a participant who is Clerk or Assistant Clerk |
19 | | of the House of Representatives or Secretary or Assistant |
20 | | Secretary of the Senate
on his or her last day of service: |
21 | | the salary received for service in that
capacity on the |
22 | | last day of service, but not to exceed the highest salary
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23 | | (including additional compensation for service as an |
24 | | officer) that is
prescribed by law on the participant's |
25 | | last day of service for the highest
paid officer of the |
26 | | General Assembly.
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1 | | (4) For a participant who is a continuing participant |
2 | | under Section
2-117.1 on his or her last day of service: |
3 | | the salary received for service
in that capacity on the |
4 | | last day of service, but not to exceed the highest
salary |
5 | | (including additional compensation for service as an |
6 | | officer) that
is prescribed by law on the participant's |
7 | | last day of service for the
highest paid officer of the |
8 | | General Assembly.
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9 | | For a participant who first becomes a participant of this |
10 | | System on or after August 10, 2009 (the effective date of |
11 | | Public Act 96-207) and before January 1, 2011 (the effective |
12 | | date of Public Act 96-889), the average monthly salary obtained |
13 | | by dividing the total salary of the participant during the |
14 | | period of: (1) the 48 consecutive months of service within the |
15 | | last 120 months of service in which the total compensation was |
16 | | the highest, or (2) the total period of service, if less than |
17 | | 48 months, by the number of months of service in that period. |
18 | | For a participant who first becomes a participant of this |
19 | | System on or after January 1, 2011 (the effective date of |
20 | | Public Act 96-889), the average monthly salary obtained by |
21 | | dividing the total salary of the participant during the 96 |
22 | | consecutive months of service within the last 120 months of |
23 | | service in which the total compensation was the highest by the |
24 | | number of months of service in that period; however, beginning |
25 | | January 1, 2011, the highest salary for annuity purposes may |
26 | | not exceed $106,800, except that that amount shall annually |
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1 | | thereafter be increased by the lesser of (i) 3% of that amount, |
2 | | including all previous adjustments, or (ii) the annual |
3 | | unadjusted percentage increase (but not less than zero) in the |
4 | | consumer price index-u
for the 12 months ending with the |
5 | | September preceding each November 1. "Consumer price index-u" |
6 | | means
the index published by the Bureau of Labor Statistics of |
7 | | the United States
Department of Labor that measures the average |
8 | | change in prices of goods and
services purchased by all urban |
9 | | consumers, United States city average, all
items, 1982-84 = |
10 | | 100. The new amount resulting from each annual adjustment
shall |
11 | | be determined by the Public Pension Division of the Department |
12 | | of Insurance and made available to the Board by November 1 of |
13 | | each year. |
14 | | On and after January 9, 2013, for a participant who first |
15 | | becomes a participant of this System on or after January 1, |
16 | | 2011 or elects the revised benefit package under subdivision |
17 | | (a)(2) of Section 2-119.02, the maximum highest annual salary |
18 | | amount shall be adjusted to $110,100, as adjusted for periods |
19 | | after 2012 based on the methodology and formula used to |
20 | | calculate annual increases in wages under 42 U.S.C. Section |
21 | | 415(a) for purposes of computing benefits and adjusting wages |
22 | | under the federal Social Security program. Each year thereafter |
23 | | on January 1, this amount shall be adjusted based on the |
24 | | methodology and formula used to calculate annual increases in |
25 | | wages under 42 U.S.C. Section 415(a) for purposes of computing |
26 | | benefits and adjusting wages under the federal Social Security |
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1 | | program. |
2 | | (b) The earnings limitations of subsection (a) apply to |
3 | | earnings
under any other participating system under the |
4 | | Retirement Systems Reciprocal
Act that are considered in |
5 | | calculating a proportional annuity under this
Article, except |
6 | | in the case of a person who first became a member of this
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7 | | System before August 22,
1994.
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8 | | (c) In calculating the subsection (a) earnings limitation |
9 | | to be applied to
earnings under any other participating system |
10 | | under the Retirement Systems
Reciprocal Act for the purpose of |
11 | | calculating a proportional annuity under this
Article, the |
12 | | participant's last day of service shall be deemed to mean the |
13 | | last
day of service in any participating system from which the |
14 | | person has applied
for a proportional annuity under the |
15 | | Retirement Systems Reciprocal Act.
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16 | | (Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11; |
17 | | 96-1490, eff. 1-1-11.)
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18 | | (40 ILCS 5/2-119.02 new) |
19 | | Sec. 2-119.02. Benefit accruals on and after January 9, |
20 | | 2013. |
21 | | (a) Each participant under this Article, other than a |
22 | | person who first becomes a participant on or after January 1, |
23 | | 2011, shall elect which retirement program he or she wishes to |
24 | | participate in with respect to all periods of service occurring |
25 | | on and after January 9, 2013. The retirement program election |
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1 | | made by the participant must be made (i) by January 9, 2013, |
2 | | and (ii) if applicable, every 3 years thereafter. The |
3 | | participant shall elect one of the following retirement |
4 | | programs: |
5 | | (1) the traditional benefit package provided by the |
6 | | System prior to Public Act 96-889; |
7 | | (2) the revised benefit package provided by the System |
8 | | to new participants under Public Act 96-889, Public Act |
9 | | 96-1490, and this amendatory Act of the 97th General |
10 | | Assembly; or |
11 | | (3) the self-managed plan provided by the System under |
12 | | Section 2-119.03. |
13 | | (b) A person who first becomes a participant of the System |
14 | | on or after January 1, 2011, shall elect which retirement |
15 | | program he or she wishes to participate in with respect to all |
16 | | periods of service occurring on and after January 9, 2013. The |
17 | | participant shall elect one of the retirement programs provided |
18 | | in paragraph (2) or (3) of subsection (a) of this Section. The |
19 | | participant must make that election (i) by January 9, 2013 or |
20 | | within 6 months after the participant's first day of service, |
21 | | whichever is later, and (ii) if applicable, every 3 years |
22 | | thereafter. |
23 | | (c) The participant election authorized by this Section is |
24 | | an irrevocable election, except that an individual making an |
25 | | election for the retirement program described under paragraph |
26 | | (1) or (2) of subsection (a) shall make an election for the |
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1 | | period of 3 years, and shall make subsequent elections during a |
2 | | 6-month period prescribed by the System. The election shall be |
3 | | made in the manner prescribed by the System. Any participant |
4 | | who fails to make the initial election shall, by default, |
5 | | participate in the revised benefit package provided under |
6 | | paragraph (2) of subsection (a) of this Section. |
7 | | (d) Participants who have already made an election pursuant |
8 | | to subsection (a) or (b) shall be given the opportunity to make |
9 | | a new election as follows: |
10 | | (1) each participant in the traditional benefit |
11 | | package provided under paragraph (1) of subsection (a) of |
12 | | this Section shall have the opportunity to elect to |
13 | | terminate participation in the traditional benefit package |
14 | | and to elect to have retirement benefits for future service |
15 | | provided under either the revised benefit package provided |
16 | | under paragraph (2) of subsection (a) of this Section or |
17 | | the self-managed plan provided under paragraph (3) of |
18 | | subsection (a) of this Section; |
19 | | (2) each participant in the revised benefit package |
20 | | provided under paragraph (2) of subsection (a) of this |
21 | | Section shall have the opportunity to elect to terminate |
22 | | participation in the revised benefit package and to elect |
23 | | to have retirement benefits for future service provided |
24 | | under the self-managed plan provided under paragraph (3) of |
25 | | subsection (a) of this Section; and |
26 | | (3) the elections permitted under paragraphs (1) and |
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1 | | (2) must be made during a 6-month period in the manner |
2 | | prescribed by the System. |
3 | | (e) If a participant with an accrued benefit under the |
4 | | traditional benefit package provided by the System prior to |
5 | | Public Act 96-889 elects the revised benefit package provided |
6 | | under paragraph (2) of subsection (a) of this Section, the |
7 | | participant's total accrued benefit for purposes of |
8 | | determining an annuity shall be the sum of (i) the |
9 | | participant's benefit accruals before the effective date of the |
10 | | election, based on the participant's highest salary for annuity |
11 | | purposes and service as of the effective date of the election |
12 | | and frozen on such date, and (ii) the participant's benefit |
13 | | accruals based on the participant's highest salary for annuity |
14 | | purposes and service on and after the effective date of the |
15 | | election, as modified by the Public Act 96-889, Public Act |
16 | | 96-1490, and this amendatory Act of the 97th General Assembly. |
17 | | All rights and features provided under the traditional benefit |
18 | | package will be preserved with respect to benefits earned under |
19 | | such package with respect to service completed prior to the |
20 | | election to participate in the revised benefit package. |
21 | | Furthermore, the participant shall be entitled to the benefit |
22 | | of the survivor's annuity provided under Public Act 96-889 and |
23 | | Public Act 96-1490. All service completed under the System |
24 | | shall count for purposes of determining retirement eligibility |
25 | | and vesting under both the traditional benefit package and the |
26 | | revised benefit package. |
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1 | | (f) If a participant with an accrued benefit under the |
2 | | traditional benefit package or the revised benefit package |
3 | | elects the self-managed plan provided under paragraph (3) of |
4 | | subsection (a) of this Section, the participant's total accrued |
5 | | benefit for purposes of determining an annuity shall be the |
6 | | participant's benefit accruals before the effective date of the |
7 | | election, based on the participant's highest salary for annuity |
8 | | purposes and service as of the effective date of the election |
9 | | and frozen on such date. However, the participant shall also |
10 | | have an accrued self-managed plan benefit as specified in |
11 | | subsection (g) of Section 2-119.03, for periods of service on |
12 | | or after the effective date of the election. All rights and |
13 | | features provided under the traditional benefit package will be |
14 | | preserved with respect to benefits earned under such package |
15 | | with respect to service completed prior to the election to |
16 | | participate in the self-managed plan. All service completed |
17 | | under the System shall count for purposes of determining |
18 | | retirement eligibility and vesting under the traditional |
19 | | benefit package, the revised benefit package, and the |
20 | | self-managed plan. |
21 | | (g) An individual who is a participant in the System, but |
22 | | is not a member of the General Assembly on January 9, 2013, |
23 | | shall elect, based on the eligibility criteria specified in |
24 | | this Article, one of the 3 retirement programs provided under |
25 | | paragraphs (1), (2), or (3) of subsection (a) of this Section |
26 | | within 6 months after becoming a member of the General |
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1 | | Assembly. |
2 | | (40 ILCS 5/2-119.03 new) |
3 | | Sec. 2-119.03. Self-managed plan. |
4 | | (a) The Illinois State Board of Investment created under |
5 | | Article 22A of this Code shall establish and administer a |
6 | | self-managed plan on behalf of the retirement system |
7 | | established under this Article. The plan shall offer |
8 | | participants the opportunity to accumulate assets for |
9 | | retirement through a combination of participant and employer |
10 | | contributions that may be invested in mutual funds, collective |
11 | | investment funds, or other investment products and may be used |
12 | | to purchase annuity contracts that are fixed, variable, or a |
13 | | combination thereof. The plan must be qualified under the |
14 | | Internal Revenue Code of 1986. The plan shall not include the |
15 | | retirement annuities, survivors annuities, death benefits, or |
16 | | refunds provided under this Article. |
17 | | (b) The Illinois State Board of Investment shall be the |
18 | | plan sponsor for the self-managed plan and shall prepare a plan |
19 | | document and prescribe the rules and procedures that are |
20 | | necessary or desirable for the administration of the |
21 | | self-managed plan. |
22 | | (c) A member eligible to participate in the self-managed |
23 | | plan must make a written election in accordance with the |
24 | | provisions of Section 2-119.02 and the procedures established |
25 | | by the retirement system. Participation in the self-managed |
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1 | | plan by an electing member shall begin on the first of the |
2 | | month following the date the member's election is filed with |
3 | | the retirement system, but in no case prior to January 9, 2013. |
4 | | (d) Members who are participating in the program must be |
5 | | allowed to direct the transfer of their account balances among |
6 | | the various investment options offered, subject to applicable |
7 | | contractual provisions. The participant shall not be deemed a |
8 | | fiduciary by reason of providing investment direction. A person |
9 | | who is a fiduciary, including the plan sponsor, shall not be |
10 | | liable for any loss resulting from the investment direction of |
11 | | the participant and shall not be deemed to have breached any |
12 | | fiduciary duty by acting in accordance with that direction. The |
13 | | System, the Illinois State Board of Investment, and the |
14 | | employer do not guarantee any of the investments in the |
15 | | participant's account balances. |
16 | | (e) The self-managed plan shall be funded by contributions |
17 | | pursuant to salary reduction agreements for participants in the |
18 | | self-managed plan and employer contributions as provided in |
19 | | Section 2-124.1 of this Code. Participants may make additional |
20 | | contributions to the self-managed plan in accordance with the |
21 | | procedures prescribed by the plan sponsor, to the extent |
22 | | permitted under rules prescribed by the plan sponsor. |
23 | | Participant and employer contributions shall be paid into the |
24 | | participants' self-managed plan accounts in a manner to be |
25 | | prescribed by the plan sponsor. |
26 | | (f) A participant in the self-managed plan becomes vested |
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1 | | in the employer contributions credited to his or her accounts |
2 | | in the self-managed plan on the earliest to occur of the |
3 | | following: (1) completion of 5 years of service with the System |
4 | | or (2) if the participant has completed at least 1 1/2 years of |
5 | | service, the death of the participant. |
6 | | (g) If a participant who is vested in employer |
7 | | contributions terminates employment, the participant shall be |
8 | | entitled to a benefit that is based on the account values |
9 | | attributable to both employer and participant contributions |
10 | | and any investment return on those contributions. If a |
11 | | participant who is not vested in employer contributions |
12 | | terminates employment, the participant shall be entitled to a |
13 | | benefit based solely on the account values attributable to the |
14 | | participant's contributions and any investment return on those |
15 | | contributions, and the employer contributions and any |
16 | | investment return on those contributions shall be forfeited. |
17 | | Any employer contributions that are forfeited shall be held in |
18 | | escrow by the company investing those contributions and shall |
19 | | be used as directed by the System for future allocations of |
20 | | employer contributions. |
21 | | The self-managed plan shall be funded by contributions |
22 | | pursuant to salary reduction agreements for participants in the |
23 | | self-managed plan and employer contributions as provided in |
24 | | this Section. |
25 | | The participant contribution shall be made as an "employer |
26 | | pick up" under Section 414(h) of the Internal Revenue Code of |
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1 | | 1986 or any successor Section thereof. In no event shall a |
2 | | participant have an option of receiving these amounts in cash, |
3 | | and payment of the participant contribution shall be a |
4 | | condition of employment. The participant contribution shall be |
5 | | deducted from the participant's salary in the amount specified |
6 | | by Paragraph 3 of subsection (e) of Section 2-126, unless the |
7 | | employer agrees to pick up and pay the participant contribution |
8 | | in addition to the participant's salary, pursuant to Section |
9 | | 2-126.1. |
10 | | The program shall provide for employer contributions to be |
11 | | credited to each self-managed plan participant at a rate of 6% |
12 | | of the participant's salary. The amounts so credited shall be |
13 | | paid into the participants' self-managed plan accounts in a |
14 | | manner to be prescribed by the System. The program shall also |
15 | | provide for employer contributions to be used by the System to |
16 | | provide disability benefits for the participant. Prior to the |
17 | | beginning of each plan year under the self-managed plan, the |
18 | | Board of Trustees shall determine, as a percentage of salary, |
19 | | the amount of employer contributions to be allocated during |
20 | | that plan year for providing disability benefits for |
21 | | participants in the self-managed plan. |
22 | | The State of Illinois shall make contributions by |
23 | | appropriations to the System of the employer contributions |
24 | | required for members who participate in the self-managed plan |
25 | | under this Section. The amount required shall be certified by |
26 | | the Board of Trustees of the System and paid by the State in |
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1 | | accordance with Section 2-124. The System shall not be |
2 | | obligated to remit the required State contributions to any |
3 | | person or entity until it has received the required |
4 | | contributions from the State. |
5 | | A participant under this Section shall be entitled to the |
6 | | benefits of Article 20 of this Code. |
7 | | (40 ILCS 5/2-119.04 new) |
8 | | Sec. 2-119.04. Minimum benefit and allocation provisions. |
9 | | Each participant in the System shall receive a minimum benefit |
10 | | or allocation for service on and after January 9, 2013, |
11 | | determined as follows: |
12 | | (1) If the participant is participating in the |
13 | | traditional benefit package provided under paragraph (1) |
14 | | of subsection (a) of Section 2-119.02 of this Code or the |
15 | | revised benefit package provided under paragraph (2) of |
16 | | subsection (a) of Section 2-119.02 of this Code, the |
17 | | participant shall receive a minimum benefit (commencing on |
18 | | his or her Social Security retirement age) for the |
19 | | participant's period of service covered by each such |
20 | | defined benefit package that is equal to the annual primary |
21 | | insurance amount the participant would have under Social |
22 | | Security for such period of service. For the purposes of |
23 | | this item (1), the primary insurance amount a participant |
24 | | would have under Social Security shall be calculated so |
25 | | that the System meets the requirements necessary to be |
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1 | | considered a retirement system under Section 3121(b)(7)(F) |
2 | | of the Internal Revenue Code and the regulations in effect |
3 | | thereunder. |
4 | | (2) If the participant is participating in the |
5 | | self-managed plan provided under Section 2-119.03 of this |
6 | | Code, the member shall receive a minimum allocation equal |
7 | | to 7.5% of the participant's salary for service during the |
8 | | period. All contributions shall be taken into account for |
9 | | this purpose. For the purposes of this paragraph (2), the |
10 | | minimum allocation shall be calculated so that the System |
11 | | meets the requirements necessary to be considered a |
12 | | retirement system under Section 3121(b)(7)(F) of the |
13 | | Internal Revenue Code and the regulations in effect |
14 | | thereunder.
|
15 | | (40 ILCS 5/2-124) (from Ch. 108 1/2, par. 2-124)
|
16 | | Sec. 2-124. Contributions by State.
|
17 | | (a) The State shall make contributions to the System by
|
18 | | appropriations of amounts which, together with the |
19 | | contributions of
participants, interest earned on investments, |
20 | | and other income
will meet the cost of maintaining and |
21 | | administering the System on a 90%
funded basis in accordance |
22 | | with actuarial recommendations.
|
23 | | (b) The Board shall determine the amount of State
|
24 | | contributions required for each fiscal year on the basis of the
|
25 | | actuarial tables and other assumptions adopted by the Board and |
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1 | | the
prescribed rate of interest, using the formula in |
2 | | subsection (c).
|
3 | | (c) For State fiscal years 2014 2012 through 2045, the |
4 | | minimum contribution
to the System to be made by the State for |
5 | | each fiscal year shall be an amount equal to the sum of (i) the
|
6 | | contribution determined under Section 2-124.1, plus (ii) an |
7 | | amount
determined by the System to be sufficient to bring the |
8 | | total assets of the
System up to 90% of the total actuarial |
9 | | liabilities of the System by the end of
State fiscal year 2045. |
10 | | In making the these determinations under item (ii) of this |
11 | | subsection (c), for State fiscal years 2017 through 2045 , the |
12 | | required State
contribution shall be calculated each year as a |
13 | | level percentage of revenue provided by the individual income |
14 | | tax, sales tax, and corporate income tax assuming a 2.3% |
15 | | average annual growth rate in these revenues based on the most |
16 | | recent fiscal year's actual revenues as reported by the |
17 | | Commission on Government Forecasting and Accountability |
18 | | payroll
over the years remaining to and including fiscal year |
19 | | 2045 and shall be
determined under the projected unit credit |
20 | | actuarial cost method.
|
21 | | Notwithstanding any other provision of this Article, for |
22 | | For State fiscal years 2014 1996 through 2016 2005 , the State |
23 | | contribution to
the System under item (ii) of this subsection |
24 | | (c) , as a percentage of State revenue from the individual |
25 | | income tax, sales tax, and corporate income tax the applicable |
26 | | employee payroll , shall be
increased in equal annual increments |
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1 | | so that by State fiscal year 2017 2011 , the
State is |
2 | | contributing at the rate required under this Section.
|
3 | | For State fiscal years 2014 through 2045, the total State |
4 | | contribution required in each fiscal year under this subsection |
5 | | (c) must not be less than 100% of the prior fiscal year's |
6 | | actual or required contribution, whichever is greater. |
7 | | Notwithstanding any other provision of this Article, the |
8 | | total required State contribution for this System for State |
9 | | fiscal year 2013 shall be $14,466,286. |
10 | | Notwithstanding any other provision of this Article, the |
11 | | total required State
contribution for State fiscal year 2006 is |
12 | | $4,157,000.
|
13 | | Notwithstanding any other provision of this Article, the |
14 | | total required State
contribution for State fiscal year 2007 is |
15 | | $5,220,300.
|
16 | | For each of State fiscal years 2008 through 2009, the State |
17 | | contribution to
the System, as a percentage of the applicable |
18 | | employee payroll, shall be
increased in equal annual increments |
19 | | from the required State contribution for State fiscal year |
20 | | 2007, so that by State fiscal year 2011, the
State is |
21 | | contributing at the rate otherwise required under this Section.
|
22 | | Notwithstanding any other provision of this Article, the |
23 | | total required State contribution for State fiscal year 2010 is |
24 | | $10,454,000 and shall be made from the proceeds of bonds sold |
25 | | in fiscal year 2010 pursuant to Section 7.2 of the General |
26 | | Obligation Bond Act, less (i) the pro rata share of bond sale |
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1 | | expenses determined by the System's share of total bond |
2 | | proceeds, (ii) any amounts received from the General Revenue |
3 | | Fund in fiscal year 2010, and (iii) any reduction in bond |
4 | | proceeds due to the issuance of discounted bonds, if |
5 | | applicable. |
6 | | Notwithstanding any other provision of this Article, the
|
7 | | total required State contribution for State fiscal year 2011 is
|
8 | | the amount recertified by the System on or before April 1, 2011 |
9 | | pursuant to Section 2-134 and shall be made from the proceeds |
10 | | of bonds sold
in fiscal year 2011 pursuant to Section 7.2 of |
11 | | the General
Obligation Bond Act, less (i) the pro rata share of |
12 | | bond sale
expenses determined by the System's share of total |
13 | | bond
proceeds, (ii) any amounts received from the General |
14 | | Revenue
Fund in fiscal year 2011, and (iii) any reduction in |
15 | | bond
proceeds due to the issuance of discounted bonds, if
|
16 | | applicable. |
17 | | Beginning in State fiscal year 2046, the minimum State |
18 | | contribution shall be an amount equal to the contribution |
19 | | determined under Section 2-124.1, plus an amount sufficient for
|
20 | | each fiscal year shall be the amount needed to maintain the |
21 | | total assets of
the System at 90% of the total actuarial |
22 | | liabilities of the System.
|
23 | | Amounts received by the System pursuant to Section 25 of |
24 | | the Budget Stabilization Act or Section 8.12 of the State |
25 | | Finance Act in any fiscal year do not reduce and do not |
26 | | constitute payment of any portion of the minimum State |
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1 | | contribution required under this Article in that fiscal year. |
2 | | Such amounts shall not reduce, and shall not be included in the |
3 | | calculation of, the required State contributions under this |
4 | | Article in any future year until the System has reached a |
5 | | funding ratio of at least 90%. A reference in this Article to |
6 | | the "required State contribution" or any substantially similar |
7 | | term does not include or apply to any amounts payable to the |
8 | | System under Section 25 of the Budget Stabilization Act.
|
9 | | Notwithstanding any other provision of this Section, the |
10 | | required State
contribution for State fiscal year 2005 and for |
11 | | fiscal year 2008 and each fiscal year thereafter until fiscal |
12 | | year 2013 , as
calculated under this Section and
certified under |
13 | | Section 2-134, shall not exceed an amount equal to (i) the
|
14 | | amount of the required State contribution that would have been |
15 | | calculated under
this Section for that fiscal year if the |
16 | | System had not received any payments
under subsection (d) of |
17 | | Section 7.2 of the General Obligation Bond Act, minus
(ii) the |
18 | | portion of the State's total debt service payments for that |
19 | | fiscal
year on the bonds issued in fiscal year 2003 for the |
20 | | purposes of that Section 7.2, as determined
and certified by |
21 | | the Comptroller, that is the same as the System's portion of
|
22 | | the total moneys distributed under subsection (d) of Section |
23 | | 7.2 of the General
Obligation Bond Act. In determining this |
24 | | maximum for State fiscal years 2008 through 2010, however, the |
25 | | amount referred to in item (i) shall be increased, as a |
26 | | percentage of the applicable employee payroll, in equal |
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1 | | increments calculated from the sum of the required State |
2 | | contribution for State fiscal year 2007 plus the applicable |
3 | | portion of the State's total debt service payments for fiscal |
4 | | year 2007 on the bonds issued in fiscal year 2003 for the |
5 | | purposes of Section 7.2 of the General
Obligation Bond Act, so |
6 | | that, by State fiscal year 2011, the
State is contributing at |
7 | | the rate otherwise required under this Section.
|
8 | | (d) For purposes of determining the required State |
9 | | contribution to the System, the value of the System's assets |
10 | | shall be equal to the actuarial value of the System's assets, |
11 | | which shall be calculated as follows: |
12 | | As of June 30, 2008, the actuarial value of the System's |
13 | | assets shall be equal to the market value of the assets as of |
14 | | that date. In determining the actuarial value of the System's |
15 | | assets for fiscal years after June 30, 2008, any actuarial |
16 | | gains or losses from investment return incurred in a fiscal |
17 | | year shall be recognized in equal annual amounts over the |
18 | | 5-year period following that fiscal year. |
19 | | (e) For purposes of determining the required State |
20 | | contribution to the system for a particular year, the actuarial |
21 | | value of assets shall be assumed to earn a rate of return equal |
22 | | to the system's actuarially assumed rate of return. |
23 | | (Source: P.A. 95-950, eff. 8-29-08; 96-43, eff. 7-15-09; |
24 | | 96-1497, eff. 1-14-11; 96-1511, eff. 1-27-11; 96-1554, eff. |
25 | | 3-18-11; revised 4-6-11.)
|
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1 | | (40 ILCS 5/2-124.1 new) |
2 | | Sec. 2-124.1. Additional State contribution. The following |
3 | | rules apply in determining the additional contribution by the |
4 | | State of Illinois in State fiscal year 2014 and each fiscal |
5 | | year thereafter. |
6 | | (1) With respect to participants who elect the traditional |
7 | | benefit package provided under paragraph (1) of subsection (a) |
8 | | of Section 2-119.02 of this Code, an amount equal to the 6% of |
9 | | the salary of the participant group. |
10 | | (2) With respect to participants who elect the revised |
11 | | benefit package provided under paragraph (2) of subsection (a) |
12 | | of Section 2-119.02 of this Code, an amount equal to 6% of the |
13 | | pensionable salary of the participant group. |
14 | | (3) With respect to participants who elect the self-managed |
15 | | plan provided under paragraph (3) of subsection (a) of Section |
16 | | 2-119.02 of this Code, an amount equal to (i) 6% of the salary |
17 | | of the participant group and (ii) an amount determined by the |
18 | | System that is necessary to finance the disability plan |
19 | | provided for that group under this Article.
|
20 | | (40 ILCS 5/2-126) (from Ch. 108 1/2, par. 2-126)
|
21 | | Sec. 2-126. Contributions by participants.
|
22 | | (a) Each participant shall contribute toward the cost of |
23 | | his or her
retirement annuity a percentage of each payment of |
24 | | salary received by him or
her for service as a member as |
25 | | follows: for service between October 31, 1947
and January 1, |
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1 | | 1959, 5%; for service between January 1, 1959 and June 30, |
2 | | 1969,
6%; for service between July 1, 1969 and January 10, |
3 | | 1973, 6 1/2%; for service
after January 10, 1973, 7%; for |
4 | | service after December 31, 1981, 8 1/2%.
|
5 | | (b) Beginning August 2, 1949, each male participant, and |
6 | | from July 1,
1971, each female participant shall contribute |
7 | | towards the cost of the
survivor's annuity 2% of salary.
|
8 | | A participant who has no eligible survivor's annuity |
9 | | beneficiary may elect
to cease making contributions for |
10 | | survivor's annuity under this subsection.
A survivor's annuity |
11 | | shall not be payable upon the death of a person who has
made |
12 | | this election, unless prior to that death the election has been |
13 | | revoked
and the amount of the contributions that would have |
14 | | been paid under this
subsection in the absence of the election |
15 | | is paid to the System, together
with interest at the rate of 4% |
16 | | per year from the date the contributions
would have been made |
17 | | to the date of payment.
|
18 | | (c) Beginning July 1, 1967, each participant shall |
19 | | contribute 1% of
salary towards the cost of automatic increase |
20 | | in annuity provided in
Section 2-119.1. These contributions |
21 | | shall be made concurrently with
contributions for retirement |
22 | | annuity purposes.
|
23 | | (d) In addition, each participant serving as an officer of |
24 | | the General
Assembly shall contribute, for the same purposes |
25 | | and at the same rates
as are required of a regular participant, |
26 | | on each additional payment
received as an officer. If the |
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1 | | participant serves as an
officer for at least 2 but less than 4 |
2 | | years, he or she shall
contribute an amount equal to the amount |
3 | | that would have been contributed
had the participant served as |
4 | | an officer for 4 years. Persons who serve
as officers in the |
5 | | 87th General Assembly but cannot receive the additional
payment |
6 | | to officers because of the ban on increases in salary during |
7 | | their
terms may nonetheless make contributions based on those |
8 | | additional payments
for the purpose of having the additional |
9 | | payments included in their highest
salary for annuity purposes; |
10 | | however, persons electing to make these
additional |
11 | | contributions must also pay an amount representing the
|
12 | | corresponding employer contributions, as calculated by the |
13 | | System.
|
14 | | (e) Notwithstanding any other provision of this Article, |
15 | | the required contribution of a participant who first becomes a |
16 | | participant on or after January 1, 2011 shall not exceed the |
17 | | contribution that would be due under this Article if that |
18 | | participant's highest salary for annuity purposes were |
19 | | $106,800, plus any increases in that amount under Section |
20 | | 2-108.1. |
21 | | (f) Notwithstanding anything in this Section to the |
22 | | contrary, beginning with terms of office that begin on and |
23 | | after January 9, 2013, all participants shall be required to |
24 | | make the following contributions: |
25 | | (1) Participants who elect the traditional benefit |
26 | | package provided under paragraph (1) of subsection (a) of |
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1 | | Section 2-119.02 of this Code shall contribute: |
2 | | (A) In fiscal year 2014, fiscal year 2015, and |
3 | | fiscal year 2016, an amount equal to 24.89% of salary. |
4 | | (B) In fiscal year 2017 and in each fiscal year |
5 | | thereafter, a percentage of salary equal to the |
6 | | actuarially determined fiscal year 2017 normal cost of |
7 | | the traditional benefit package, minus 6%, provided |
8 | | that no participant's contribution shall be less than |
9 | | 6% or more than 26.89% of salary. The System shall |
10 | | certify the actuarially determined fiscal year 2017 |
11 | | normal cost of the traditional benefit package and the |
12 | | amount of the required participant contribution. |
13 | | (2) In fiscal year 2014 and in each fiscal year |
14 | | thereafter, participants who elect the revised benefit |
15 | | package provided under paragraph (2) of subsection (a) of |
16 | | Section 2-119.02 of this Code shall contribute an amount |
17 | | equal to the greater of the actuarially determined long |
18 | | term normal cost of the revised benefit package as |
19 | | calculated in fiscal year 2014 or 12%, minus contributions |
20 | | by the State of Illinois in fiscal year 2014 under |
21 | | paragraph (2) of subsection (a) of Section 2-124.1, |
22 | | provided that no participant's contribution shall be less |
23 | | than 6% of salary. The System shall certify the actuarially |
24 | | determined long term normal cost of such revised benefit |
25 | | package and the amount of the required participant |
26 | | contribution. For purposes of this paragraph (2), long term |
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1 | | normal cost shall be defined as the normal cost of the |
2 | | revised benefit package assuming that all active |
3 | | participants are covered under the revised benefit |
4 | | package. Contributions under this paragraph (2) shall be |
5 | | based on pensionable salary. |
6 | | (3) In fiscal year 2014 and in each fiscal year |
7 | | thereafter, participants who elect the self-managed plan |
8 | | provided under paragraph (3) of subsection (a) of Section |
9 | | 2-119.02 of this Code shall contribute a minimum amount |
10 | | equal to 6% of salary. Participants who elect the |
11 | | self-managed plan provided under paragraph (3) of |
12 | | subsection (a) of Section 2-119.02 of this Code may elect |
13 | | to increase the participant contribution in accordance |
14 | | with rules prescribed by the Board and the plan sponsor. |
15 | | (Source: P.A. 96-1490, eff. 1-1-11.)
|
16 | | (40 ILCS 5/2-126.2 new) |
17 | | Sec. 2-126.2. Increases in participant contributions. If |
18 | | the participant contribution required under Section 2-126 |
19 | | increases for any participant pursuant to this amendatory Act |
20 | | of the 97th General Assembly, the additional participant |
21 | | contribution in excess of the prior participant contribution |
22 | | shall be deducted from the participant's salary unless the |
23 | | participant's employer agrees pursuant to Section 414(h) of the |
24 | | Internal Revenue Code to pick up and pay part or all of such |
25 | | increased contribution in addition to the participant's |
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1 | | salary. |
2 | | (40 ILCS 5/2-163 new) |
3 | | Sec. 2-163. Qualified plan status. No provision of this |
4 | | Article shall be interpreted in a way that would cause the |
5 | | System to cease to be a qualified plan under Section 401(a) of |
6 | | the Internal Revenue Code. |
7 | | (40 ILCS 5/8-103.1 new) |
8 | | Sec. 8-103.1. Reformed benefit package. "Reformed benefit |
9 | | package": The defined benefit retirement program maintained |
10 | | under the Fund for employees who first become participants in |
11 | | the Fund on or after January 1, 2011. |
12 | | (40 ILCS 5/8-103.2 new) |
13 | | Sec. 8-103.2. Self-managed plan. "Self-managed plan": The |
14 | | defined contribution retirement program maintained under the |
15 | | Fund as described in Section 8-190.2. The self-managed plan |
16 | | shall not include retirement annuities or survivor's, |
17 | | disability, or insurance benefits payable directly from the |
18 | | Fund as provided by this Article. |
19 | | (40 ILCS 5/8-103.3 new) |
20 | | Sec. 8-103.3. Traditional benefit package. "Traditional |
21 | | benefit package": The defined benefit retirement program |
22 | | maintained under the Fund for employees who first became |
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1 | | participants in the Fund before January 1, 2011.
|
2 | | (40 ILCS 5/8-125) (from Ch. 108 1/2, par. 8-125)
|
3 | | Sec. 8-125. Annuity.
|
4 | | "Annuity": Equal monthly payments for life, unless |
5 | | otherwise specified.
|
6 | | For annuities taking effect before January 1, 1998, the |
7 | | first payment
shall be due and payable one month after the |
8 | | occurrence
of the event upon which payment of the annuity |
9 | | depends, and the last
payment shall be due and payable as of |
10 | | the date of the annuitant's death
and shall be prorated from |
11 | | the date of the last preceding payment to the
date of death for |
12 | | deaths that occur on or before March 31, 2000. All
payments |
13 | | made
on or after April 1, 2000 shall be made on the first day of |
14 | | the calendar month
and the last payment shall be made on the |
15 | | first day of the calendar month in
which the annuity payment |
16 | | period ends. All payments for months beginning with
April of |
17 | | 2000 shall be for the entire calendar month, without proration. |
18 | | A pro
rata amount shall be paid for that part of the month from |
19 | | the March 2000
annuity payment date through March 31, 2000.
|
20 | | For annuities taking effect on or after January 1, 1998,
|
21 | | payments shall be made as of the first day of the calendar
|
22 | | month, with the first payment to be made
as of the first day of |
23 | | the calendar month coincidental with or next
following the |
24 | | first day of the annuity payment period, and the last payment
|
25 | | to be made as of the first day of the calendar month in which |
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1 | | the annuity
payment period ends. For annuities taking effect on |
2 | | or
after January 1, 1998, all payments shall be for the entire |
3 | | calendar month,
without proration.
|
4 | | For the purposes of this Section, the "annuity payment |
5 | | period" means the
period beginning on the day after the |
6 | | occurrence of the event upon which
payment of the annuity |
7 | | depends, and ending on the day upon which the death of
the |
8 | | annuitant or other event terminating the annuity occurs.
|
9 | | The provisions of this Section do not apply to participants |
10 | | who are participating in the self-managed plan. |
11 | | (Source: P.A. 90-31, eff. 6-27-97; 91-887, eff. 7-6-00.)
|
12 | | (40 ILCS 5/8-173) (from Ch. 108 1/2, par. 8-173)
|
13 | | Sec. 8-173. Financing; tax levy.
|
14 | | (a) Except as provided in subsection (f) of this Section, |
15 | | the city council
of the city shall levy a tax annually upon all |
16 | | taxable property in the city at
a rate that will produce a sum |
17 | | which, when added to the amounts deducted from
the salaries of |
18 | | the employees or otherwise contributed by them and the
amounts |
19 | | deposited under subsection (f), will be sufficient for the
|
20 | | requirements of this Article, but which when extended will |
21 | | produce an amount
not to exceed the greater of the following: |
22 | | (a) the sum obtained by the levy
of a tax of .1093% of the |
23 | | value, as equalized or assessed by the Department
of Revenue, |
24 | | of all taxable property within such city, or (b) the sum of
|
25 | | $12,000,000.
However any city in which a Fund has been |
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1 | | established and in operation
under this Article for more than 3 |
2 | | years prior to 1970 shall
levy for the year 1970 a tax at a rate |
3 | | on the dollar of assessed
valuation of all taxable property |
4 | | that will produce, when extended, an
amount not to exceed 1.2 |
5 | | times the total amount of contributions made by
employees to |
6 | | the Fund for annuity purposes in the calendar year 1968,
and, |
7 | | for the year 1971 and 1972 such levy that will produce, when
|
8 | | extended, an amount not to exceed 1.3 times the total amount of
|
9 | | contributions made by employees to the Fund for annuity
|
10 | | purposes in the calendar years 1969 and 1970, respectively; and |
11 | | for the
year 1973 an amount not to exceed 1.365 times such |
12 | | total amount of
contributions made by employees for annuity |
13 | | purposes in the calendar
year 1971; and for the year 1974 an |
14 | | amount not to exceed 1.430 times
such total amount of |
15 | | contributions made by employees for annuity
purposes in the |
16 | | calendar year 1972; and for the year 1975 an amount not
to |
17 | | exceed 1.495 times such total amount of contributions made by
|
18 | | employees for annuity purposes in the calendar year 1973; and |
19 | | for the year 1976
an amount not to exceed 1.560 times such |
20 | | total amount of contributions made by
employees for annuity |
21 | | purposes in the calendar year 1974; and for the year 1977
an |
22 | | amount not to exceed 1.625 times such total amount of |
23 | | contributions made by
employees for annuity purposes in the |
24 | | calendar year 1975; and for the year 1978
and each year |
25 | | thereafter, such levy as will produce, when
extended, an amount |
26 | | not to exceed the total amount of
contributions made by or on |
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1 | | behalf of employees to the Fund for annuity
purposes in the |
2 | | calendar year 2 years prior to the year for which the annual
|
3 | | applicable tax is levied, multiplied by 1.690 for the years |
4 | | 1978 through 1998
and by 1.250 for the years year 1999 through |
5 | | 2012. For 2013 and for each year thereafter , the amount levied |
6 | | shall be equal to the amount levied in 2010 .
|
7 | | The tax shall be levied and collected in like manner with |
8 | | the general
taxes of the city, and shall be exclusive of and in |
9 | | addition to the
amount of tax the city is now or may hereafter |
10 | | be authorized to levy for
general purposes under any laws which |
11 | | may limit the amount of tax which
the city may levy for general |
12 | | purposes. The county clerk of the county
in which the city is |
13 | | located, in reducing tax levies under the
provisions of any Act |
14 | | concerning the levy and extension of taxes, shall
not consider |
15 | | the tax herein provided for as a part of the general tax
levy |
16 | | for city purposes, and shall not include the same within any
|
17 | | limitation of the percent of the assessed valuation upon which |
18 | | taxes are
required to be extended for such city.
|
19 | | Revenues derived from such tax shall be paid to the city |
20 | | treasurer of
the city as collected and held by him for the |
21 | | benefit of the fund.
|
22 | | If the payments on account of taxes are insufficient during |
23 | | any year
to meet the requirements of this Article, the city may |
24 | | issue tax
anticipation warrants against the current tax levy.
|
25 | | (b) On or before January 10, annually, the board shall |
26 | | notify the
city council of the requirements of this Article |
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1 | | that the tax herein
provided shall be levied for that current |
2 | | year. The board shall compute
the amounts necessary to be |
3 | | credited to the reserves established and
maintained as herein |
4 | | provided, and shall make an annual determination of
the amount |
5 | | of the required city contributions, and certify the results
|
6 | | thereof to the city council.
|
7 | | (c) In respect to employees of the city who are transferred |
8 | | to the
employment of a park district by virtue of the "Exchange |
9 | | of Functions
Act of 1957", the corporate authorities of the |
10 | | park district shall
annually levy a tax upon all the taxable |
11 | | property in the park district
at such rate per cent of the |
12 | | value of such property, as equalized or
assessed by the |
13 | | Department of Revenue, as shall be
sufficient, when added to |
14 | | the amounts deducted from their salaries and
otherwise |
15 | | contributed by them to provide the benefits to which they and
|
16 | | their dependents and beneficiaries are entitled under this |
17 | | Article. The city
shall not levy a tax hereunder in respect to |
18 | | such employees.
|
19 | | The tax so levied by the park district shall be in addition |
20 | | to and
exclusive of all other taxes authorized to be levied by |
21 | | the park
district for corporate, annuity fund, or other |
22 | | purposes. The county
clerk of the county in which the park |
23 | | district is located, in reducing
any tax levied under the |
24 | | provisions of any act concerning the levy and
extension of |
25 | | taxes shall not consider such tax as part of the general
tax |
26 | | levy for park purposes, and shall not include the same in any
|
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1 | | limitation of the per cent of the assessed valuation upon which |
2 | | taxes
are required to be extended for the park district. The |
3 | | proceeds of the
tax levied by the park district, upon receipt |
4 | | by the district, shall be
immediately paid over to the city |
5 | | treasurer of the city for the uses and
purposes of the fund.
|
6 | | The various sums to be contributed by the city and park |
7 | | district and
allocated for the purposes of this Article, and |
8 | | any interest to be
contributed by the city, shall be derived |
9 | | from the revenue from the taxes
authorized in this Section or |
10 | | otherwise as expressly provided
in this Section.
|
11 | | If it is not possible or practicable for the city to make
|
12 | | contributions for age and service annuity and widow's annuity |
13 | | at the
same time that employee contributions are made for such
|
14 | | purposes, such city contributions shall be construed to be due |
15 | | and
payable as of the end of the fiscal year for which the tax |
16 | | is levied and
shall accrue thereafter with interest at the |
17 | | effective rate until paid.
|
18 | | (d) With respect to employees whose wages are funded as |
19 | | participants
under the Comprehensive Employment and Training |
20 | | Act of 1973, as amended
(P.L. 93-203, 87 Stat. 839, P.L. |
21 | | 93-567, 88 Stat. 1845), hereinafter
referred to as CETA, |
22 | | subsequent to October 1, 1978, and in instances
where the board |
23 | | has elected to establish a manpower program reserve, the
board |
24 | | shall compute the amounts necessary to be credited to the |
25 | | manpower
program reserves established and maintained as herein |
26 | | provided, and
shall make a periodic determination of the amount |
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1 | | of required
contributions from the City to the reserve to be |
2 | | reimbursed by the
federal government in accordance with rules |
3 | | and regulations established
by the Secretary of the United |
4 | | States Department of Labor or his
designee, and certify the |
5 | | results thereof to the City Council. Any such
amounts shall |
6 | | become a credit to the City and will be used to reduce the
|
7 | | amount which the City would otherwise contribute during |
8 | | succeeding years
for all employees.
|
9 | | (e) In lieu of establishing a manpower program reserve with |
10 | | respect
to employees whose wages are funded as participants |
11 | | under the
Comprehensive Employment and Training Act of 1973, as |
12 | | authorized by
subsection (d), the board may elect to establish |
13 | | a special municipality
contribution rate for all such |
14 | | employees. If this option is elected, the
City shall contribute |
15 | | to the Fund from federal funds provided under the
Comprehensive |
16 | | Employment and Training Act program at the special rate so
|
17 | | established and such contributions shall become a credit to the |
18 | | City and
be used to reduce the amount which the City would |
19 | | otherwise contribute
during succeeding years for all |
20 | | employees.
|
21 | | (f) In lieu of levying all or a portion of the tax required |
22 | | under this
Section in any year, the city may deposit with the |
23 | | city treasurer no later than
March 1 of that year for the |
24 | | benefit of the fund, to be held in accordance with
this |
25 | | Article, an amount that, together with the taxes levied under |
26 | | this Section
for that year, is not less than the amount of the |
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1 | | city contributions for that
year as certified by the board to |
2 | | the city council. The deposit may be derived
from any source |
3 | | legally available for that purpose, including, but not limited
|
4 | | to, the proceeds of city borrowings. The making of a deposit |
5 | | shall satisfy
fully the requirements of this Section for that |
6 | | year to the extent of the
amounts so deposited. Amounts |
7 | | deposited under this subsection may be used by
the fund for any |
8 | | of the purposes for which the proceeds of the tax levied by
the |
9 | | city under this Section may be used, including the payment of |
10 | | any amount
that is otherwise required by this Article to be |
11 | | paid from the proceeds of that
tax.
|
12 | | (Source: P.A. 90-31, eff. 6-27-97; 90-655, eff. 7-30-98; |
13 | | 90-766, eff.
8-14-98.)
|
14 | | (40 ILCS 5/8-174.2 new) |
15 | | Sec. 8-174.2. Employee contributions beginning July 1, |
16 | | 2013. Notwithstanding any other provision of this Article, |
17 | | beginning July 1, 2013, all participants shall be required to |
18 | | make the following contributions: |
19 | | (1) Participants who elect the traditional benefit |
20 | | package under paragraph (1) of subsection (a) of Section |
21 | | 8-190.1 of this Code shall contribute: |
22 | | (A) In fiscal year 2014, fiscal year 2015, and |
23 | | fiscal year 2016, an amount equal to 12.75% of salary. |
24 | | (B) In fiscal year 2017 and in each fiscal year |
25 | | thereafter, a percentage of salary equal to the |
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1 | | actuarially determined normal cost of the traditional |
2 | | benefit package, minus an amount equal to 6% of total |
3 | | pensionable salary. The Fund shall certify the |
4 | | actuarially determined normal cost of the traditional |
5 | | benefit package and the amount of required participant |
6 | | contributions by July 1, 2016 and every 3 years |
7 | | thereafter. |
8 | | (2) Participants who elect the reformed benefit |
9 | | package under paragraph (2) of subsection (a) of Section |
10 | | 8-190.1 of this Code shall contribute: |
11 | | (A) In fiscal year 2014, fiscal year 2015, and |
12 | | fiscal year 2016, an amount equal to 7% of salary. |
13 | | (B) In fiscal year 2017 and in each fiscal year |
14 | | thereafter, a percentage of salary equal to the |
15 | | actuarially determined normal cost of the reformed |
16 | | benefit package, minus an amount equal to 6% of total |
17 | | pensionable salary. The Fund shall certify the |
18 | | actuarially determined normal cost of the reformed |
19 | | benefit package and the amount of required participant |
20 | | contributions by July 1, 2016 and every 3 years |
21 | | thereafter. |
22 | | (3) Participants who elect the self-managed plan under |
23 | | paragraph (3) of subsection (a) of Section 8-190.1 of this |
24 | | Code shall contribute a minimum of 6% of salary. |
25 | | Participants who elect the self-managed plan provided |
26 | | under Section 8-190.2 of this Code may elect to increase |
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1 | | their employee contributions in accordance with rules |
2 | | prescribed by the Board. |
3 | | No prior contribution increases or other additional |
4 | | contributions specified by this Section shall apply to any |
5 | | participant for service on or after July 1, 2013. |
6 | | (40 ILCS 5/8-190.1 new) |
7 | | Sec. 8-190.1. Benefit accruals on and after July 1, 2013. |
8 | | (a) Each participant under this Article, other than a |
9 | | person who first becomes an employee and a participant on or |
10 | | after January 1, 2011, shall choose which retirement program he |
11 | | or she wishes to participate in with respect to all periods of |
12 | | employment occurring on and after July 1, 2013, except that |
13 | | such participants with more than 5 years of creditable service |
14 | | at the time of such election shall only be eligible to elect |
15 | | one of the retirement programs in paragraphs (1) or (2) of this |
16 | | subsection (a). The retirement program election made by the |
17 | | participating employee must be made no later than January 1, |
18 | | 2013. The participant shall elect one of the following |
19 | | retirement programs: |
20 | | (1) the traditional benefit package provided by the |
21 | | Fund; |
22 | | (2) the reformed benefit package provided by the Fund; |
23 | | or |
24 | | (3) the self-managed plan provided by the Fund. |
25 | | (b) A person who first becomes an employee and a |
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1 | | participant in the Fund on or after January 1, 2011 shall be |
2 | | given the choice to elect which retirement program he or she |
3 | | wishes to participate in with respect to all periods of covered |
4 | | employment occurring on and after July 1, 2013. The participant |
5 | | shall elect one of the retirement programs provided in |
6 | | paragraph (2) or (3) of subsection (a) of this Section. The |
7 | | participant must make the election (i) by January 1, 2013 or |
8 | | within 6 months after the participant's first day of covered |
9 | | employment, whichever is later, and (ii) if applicable, every 3 |
10 | | years thereafter. |
11 | | (c) The member election authorized by this Section is an |
12 | | irrevocable election, except that any individual making an |
13 | | election for the retirement program described under paragraph |
14 | | (1) or (2) of subsection (a) shall make an election for a |
15 | | period of 3 years, and shall make subsequent elections every 3 |
16 | | years during a 6-month period prescribed by the Fund. The |
17 | | election shall be made in the manner prescribed by the Fund. |
18 | | Any member who fails to make the election shall, by default, |
19 | | participate in the benefit program provided under paragraph (2) |
20 | | of subsection (a) of this Section. |
21 | | (d) Participants who have already made an election pursuant |
22 | | to subsection (a) or (b) shall be given the opportunity to make |
23 | | a new election as follows: |
24 | | (1) Each participant in the traditional benefit |
25 | | package provided under paragraph (1) of subsection (a) of |
26 | | this Section shall have the opportunity to elect to |
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1 | | terminate participation in the traditional benefit package |
2 | | and to elect to have retirement benefits for future service |
3 | | provided under either the reformed benefit package |
4 | | provided under paragraph (2) of subsection (a) of this |
5 | | Section or the self-managed plan provided under paragraph |
6 | | (3) of subsection (a) of this Section. However, such a |
7 | | participant with more than 5 years of creditable service |
8 | | shall be prohibited from electing the self-managed plan. |
9 | | (2) Each participant that has less than 5 years of |
10 | | creditable service and participates in the reformed |
11 | | benefit package provided under paragraph (2) of subsection |
12 | | (a) of this Section shall have the opportunity to elect to |
13 | | terminate participation in the reformed benefit package |
14 | | and to elect to have retirement benefits for future service |
15 | | provided under the self-managed plan provided under |
16 | | paragraph (3) of subsection (a) of this Section. |
17 | | (3) The elections permitted under paragraphs (1) and |
18 | | (2) must be made during a 6-month period in the manner |
19 | | prescribed by the Fund. |
20 | | (e) If a participant with an accrued benefit under the |
21 | | traditional benefit package elects the reformed benefit |
22 | | package, the participant's total accrued benefit for purposes |
23 | | of determining an annuity shall be the sum of (i) the |
24 | | participant's benefit accruals under the traditional benefit |
25 | | package, based on the participant's pay and service under the |
26 | | traditional benefit package, and frozen with respect to pay for |
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1 | | service earned subsequent to participation under the |
2 | | traditional benefit package and (ii) the participant's benefit |
3 | | accruals based on pay and service under the reformed benefit |
4 | | package. All rights and features provided under the traditional |
5 | | benefit package will be preserved with respect to benefits |
6 | | earned under such package with respect to service completed |
7 | | prior to the election to participate in the reformed benefit |
8 | | package. All service completed under the Fund shall count for |
9 | | purposes of determining retirement eligibility and vesting |
10 | | under both the traditional benefit package and the reformed |
11 | | benefit package, provided that the vesting requirements of the |
12 | | traditional benefit package shall continue to govern vesting |
13 | | for participants in the reformed benefit package. |
14 | | (f) If a participant with an accrued benefit under the |
15 | | traditional benefit package or the reformed benefit package |
16 | | elects the self-managed plan provided under paragraph (3) of |
17 | | subsection (a) of this Section, the participant's total accrued |
18 | | benefit for purposes of determining an annuity shall be the |
19 | | participant's benefit accruals prior to participation in the |
20 | | self-managed plan, based on the participant's pay and service, |
21 | | and fixed with respect to pay for service earned subsequent to |
22 | | participation in the traditional or reformed benefit package. |
23 | | However, the participant shall also have an accrued |
24 | | self-managed plan balance as specified in subsection (h) of |
25 | | Section 8-190.2, for periods of covered employment on or after |
26 | | participation in the self-managed plan. All rights and features |
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1 | | provided under the traditional or reformed benefit package will |
2 | | be preserved with respect to benefits earned under such package |
3 | | with respect to service completed prior to the election to |
4 | | participate in the self-managed plan. All service completed |
5 | | under the traditional or reformed benefit package and the |
6 | | self-managed plan shall count for purposes of determining |
7 | | retirement eligibility and vesting under the traditional |
8 | | benefit package and the self-managed plan. |
9 | | (g) An individual with less than 5 years of creditable |
10 | | service and who is a participant in the Fund but is not a |
11 | | participating employee on January 1, 2013 shall be allowed to |
12 | | elect, based on the eligibility criteria specified in this |
13 | | Code, one of the retirement programs provided in paragraph (1), |
14 | | (2), or (3) of subsection (a) of this Section within 6 months |
15 | | after becoming an employee, based on eligibility. |
16 | | An individual with 5 or more years of creditable service |
17 | | and who is a participant in the Fund but is not a participating |
18 | | employee on January 1, 2013 shall be allowed to elect, based on |
19 | | the eligibility criteria specified in this Code, one of the |
20 | | retirement programs provided in paragraph (1) or (2) of |
21 | | subsection (a) of this Section within 6 months after becoming |
22 | | an employee, based on eligibility. |
23 | | (40 ILCS 5/8-190.2 new) |
24 | | Sec. 8-190.2. Self-managed plan. |
25 | | (a) Purpose. The Municipal Employees', Officers', and |
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1 | | Officials' Annuity and Benefit Fund shall establish and |
2 | | administer a self-managed plan, which shall offer participants |
3 | | the opportunity to accumulate assets for retirement through a |
4 | | combination of employee and employer contributions that may be |
5 | | invested in mutual funds, collective investment funds, or other |
6 | | investment products and may be used to purchase annuity |
7 | | contracts, either fixed or variable or a combination thereof. |
8 | | The plan must be qualified under the Internal Revenue Code of |
9 | | 1986. |
10 | | (b) The Municipal Employees', Officers', and Officials' |
11 | | Annuity and Benefit Fund shall be the plan sponsor for the |
12 | | self-managed plan and shall prepare a plan document and |
13 | | prescribe such rules and procedures as are considered necessary |
14 | | or desirable for the administration of the self-managed plan. |
15 | | Consistent with its fiduciary duty to the participants and |
16 | | beneficiaries of the self-managed plan, the Board of Trustees |
17 | | of the Fund may delegate aspects of plan administration as it |
18 | | sees fit to companies authorized to do business in this State. |
19 | | (c) Selection of service providers and funding vehicles. |
20 | | The Fund may solicit proposals to provide administrative |
21 | | services and funding vehicles for the self-managed plan from |
22 | | insurance and annuity companies and mutual fund companies, |
23 | | banks, trust companies, or other financial institutions |
24 | | authorized to do business in this State. |
25 | | The Fund shall periodically review each approved company. A |
26 | | company may continue to provide administrative services and |
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1 | | funding vehicles for the self-managed plan only so long as it |
2 | | continues to be an approved company under contract with the |
3 | | Board. |
4 | | (d) Employee direction. Employees who are participating in |
5 | | the program must be allowed to direct the transfer of their |
6 | | account balances among the various investment options offered, |
7 | | subject to applicable contractual provisions. The employee |
8 | | shall not be deemed a fiduciary by reason of providing such |
9 | | investment direction. A person who is a fiduciary shall not be |
10 | | liable for any loss resulting from such investment direction |
11 | | and shall not be deemed to have breached any fiduciary duty by |
12 | | acting in accordance with that direction. Neither the Fund nor |
13 | | the employer guarantees any of the investments in the |
14 | | employee's account balances. |
15 | | (e) Participation. An employee eligible to participate in |
16 | | the self-managed plan must make a written election under |
17 | | Section 8-190.1 and the procedures established by the Fund. |
18 | | Participation in the self-managed plan by an electing employee |
19 | | shall begin on the first day of the first pay period following |
20 | | the later of (i) the date the employee's election is filed with |
21 | | the Fund or (ii) July 1, 2013. |
22 | | An employee who has elected to participate in the |
23 | | self-managed plan under this Section must continue |
24 | | participation while employed in an eligible position. |
25 | | Participation in the self-managed plan under this Section shall |
26 | | constitute membership in the Municipal Employees', Officers', |
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1 | | and Officials' Annuity and Benefit Fund. |
2 | | An employee under this Section shall be entitled to the |
3 | | benefits of Article 20 of this Code. |
4 | | (f) Contributions. The self-managed plan shall be funded by |
5 | | contributions from employees participating in the self-managed |
6 | | plan and employer contributions as provided in this Section. |
7 | | This required contribution shall be made as an "employer |
8 | | pick up" under Section 414(h) of the Internal Revenue Code of |
9 | | 1986 or any successor Section thereof. In no event shall a |
10 | | employee have an option of receiving these amounts in cash.
The |
11 | | program shall provide for employer contributions to be credited |
12 | | to each self-managed plan participant at a rate of 6% of the |
13 | | participant's salary. The amounts so credited shall be paid |
14 | | into the employee's self-managed plan account in a manner to be |
15 | | prescribed by the Fund. |
16 | | The employer shall make contributions by appropriations to |
17 | | the Fund of the employer contributions required for employees |
18 | | who participate in the self-managed plan under this Section. |
19 | | The amount required shall be certified by the Board of Trustees |
20 | | of the Fund and paid by the employer in accordance with this |
21 | | Article. The Fund shall not be obligated to remit the required |
22 | | employer contributions to any person or entity until it has |
23 | | received the required employer contributions from the |
24 | | employer. |
25 | | (g) Vesting; withdrawal; return to service. A participant |
26 | | in the self-managed plan becomes vested in the employer |
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1 | | contributions credited to his or her account in the |
2 | | self-managed plan on the earliest to occur of the following: |
3 | | (1) completion of 5 years of creditable service; (2) the death |
4 | | of the participant while in active service, if the participant |
5 | | has completed at least 1 1/2 years of service; or (3) the |
6 | | participant's election to retire and apply the reciprocal |
7 | | provisions of Article 20 of this Code. |
8 | | (h) Benefit amounts. If a participant who is vested in |
9 | | employer contributions terminates employment, the participant |
10 | | shall be entitled to a benefit which is based on the account |
11 | | values attributable to employer and participant contributions |
12 | | and any investment return thereon. |
13 | | If a participant who is not vested in employer |
14 | | contributions terminates employment, the participant shall be |
15 | | entitled to a benefit based solely on the account values |
16 | | attributable to the participant's contributions and any |
17 | | investment return thereon, and the employer contributions and |
18 | | any investment return thereon shall be forfeited. Any employer |
19 | | contributions which are forfeited shall become part of the |
20 | | trust. |
21 | | (40 ILCS 5/8-190.3 new) |
22 | | Sec. 8-190.3. Minimum benefit and allocation provisions. |
23 | | Each participant in the Fund shall receive a minimum benefit or |
24 | | allocation determined as follows: |
25 | | (1) If the participant is participating in the |
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1 | | traditional benefit package provided under paragraph (1) |
2 | | of subsection (a) of Section 8-103.3 of this Code or the |
3 | | revised defined benefit package provided under paragraph |
4 | | (2) of subsection (a) of Section 8-103.3 of this Code, the |
5 | | participant shall receive a minimum benefit (commencing on |
6 | | his or her Social Security retirement age) that is equal to |
7 | | the annual primary insurance amount the participant would |
8 | | have under Social Security. For the purposes of this item |
9 | | (1), the primary insurance amount a participant would have |
10 | | under Social Security shall be calculated so that the Fund |
11 | | meets the requirements necessary to be considered a |
12 | | retirement system under Section 3121(b)(7)(F) of the |
13 | | Internal Revenue Code and the regulations in effect |
14 | | thereunder. |
15 | | (2) If the participant is participating in the |
16 | | self-managed plan provided under Section 8-103.2 of this |
17 | | Code, the member shall receive a minimum allocation equal |
18 | | to 7.5% of the participant's compensation for service |
19 | | during the period. All contributions shall be taken into |
20 | | account for this purpose. For the purposes of this |
21 | | paragraph (2), the minimum allocation shall be calculated |
22 | | so that the Fund meets the requirements necessary to be |
23 | | considered a retirement system under Section 3121(b)(7)(F) |
24 | | of the Internal Revenue Code and the regulations in effect |
25 | | thereunder. |
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1 | | (40 ILCS 5/8-190.4 new) |
2 | | Sec. 8-190.4. Employer contributions to the self-managed |
3 | | plan. For members electing benefits under paragraph (3) of |
4 | | subsection (a) of Section 8-190.1, an employer contribution |
5 | | equal to 6% of total pension payroll for the respective |
6 | | employee group.
|
7 | | (40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251)
|
8 | | Sec. 8-251. Felony conviction.
|
9 | | None of the benefits provided for in this Article shall be |
10 | | paid to any
person who is convicted of any felony relating to |
11 | | or arising out of or in
connection with his service as a |
12 | | municipal employee.
|
13 | | This section shall not operate to impair any contract or |
14 | | vested right
heretofore acquired under any law or laws |
15 | | continued in this Article, nor to
preclude the right to a |
16 | | refund.
|
17 | | All future entrants entering service subsequent to July 11, |
18 | | 1955 shall
be deemed to have consented to the provisions of |
19 | | this section as a
condition of coverage.
|
20 | | No refund paid to any person who is convicted of a felony |
21 | | relating to or arising out of or in connection with the |
22 | | person's service as an employee shall include employer |
23 | | contributions or interest or, in the case of the self-managed |
24 | | plan authorized under Section 8-190.2, any employer |
25 | | contributions or investment return on employer contributions. |
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1 | | (Source: Laws 1963, p. 161.)
|
2 | | (40 ILCS 5/8-255 new) |
3 | | Sec. 8-255. Qualified plan status. No provision of this |
4 | | Article shall be interpreted in a way that would cause the Fund |
5 | | to cease to be a qualified plan under Section 401(a) of the |
6 | | Internal Revenue Code. |
7 | | (40 ILCS 5/9-103.1 new) |
8 | | Sec. 9-103.1. Reformed benefit package. "Reformed benefit |
9 | | package": The defined benefit retirement program maintained |
10 | | under the Fund for employees who first become participants in |
11 | | the Fund on or after January 1, 2011. The reformed benefit |
12 | | package includes benefits as modified by the provisions of |
13 | | Section 1-160. |
14 | | (40 ILCS 5/9-103.2 new) |
15 | | Sec. 9-103.2. Self-managed plan. "Self-managed plan": The
|
16 | | defined contribution retirement program maintained under the
|
17 | | Fund as described in Section 9-170.5. The self-managed plan |
18 | | shall not include any of the following: retirement annuities |
19 | | payable directly from the Fund as provided under Sections |
20 | | 9-121.6, 9-121.7, 9-125, 9-126, 9-127, 9-128, 9-128.1, 9-132, |
21 | | 9-134, and 9-160; automatic increase in annuities payable |
22 | | directly from the Fund as provided under Sections 9-133 and |
23 | | 9-133.1; reversionary annuities payable directly from the Fund |
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1 | | as provided under Section 9-135; death benefits payable |
2 | | directly from the Fund as provided under Section 9-135.1; |
3 | | widow's and survivor's annuities payable directly from the Fund |
4 | | as provided under Sections 9-137, 9-138, 9-139, 9-140, 9-141, |
5 | | 9-142, 9-143, 9-144, 9-145, 9-146.1, 9-146.2, 9-147, 9-148, |
6 | | 9-148.1, 9-150, 9-150.1, and 9-153; child's annuities payable |
7 | | directly from the Fund as provided under Sections 9-154 and |
8 | | 9-155, refunds as provided under Sections 9-164 and 9-167; and |
9 | | annuities to disabled employees whose ordinary disability |
10 | | benefits have expired as provided under Section 9-174. |
11 | | (40 ILCS 5/9-103.3 new) |
12 | | Sec. 9-103.3. Traditional benefit package. "Traditional |
13 | | benefit package": The defined benefit retirement program |
14 | | maintained under the Fund for employees who first became |
15 | | participants in the Fund before January 1, 2011.
|
16 | | (40 ILCS 5/9-128.1) (from Ch. 108 1/2, par. 9-128.1)
|
17 | | Sec. 9-128.1. Annuities for members of the County Police |
18 | | Department.
|
19 | | (a) In lieu of the regular or minimum annuity or annuities |
20 | | for any deputy
sheriff who is a member of a County Police |
21 | | Department, he may, upon withdrawal
from service after not less |
22 | | than 20 years of service in the position of
deputy sheriff as |
23 | | defined below, upon
or after attainment of age 55, receive a |
24 | | total annuity equal to 2% for each
year of service based upon |
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1 | | his highest average annual salary for any 4
consecutive years |
2 | | within the last 10 years of service immediately
preceding the |
3 | | date of withdrawal from service, subject to a maximum
annuity |
4 | | equal to 75% of such average annual salary.
|
5 | | (b) Any deputy sheriff who withdraws from the service after |
6 | | July 1, 1979,
after having attained age 53 in the service with |
7 | | 23 or more years of service
credit shall be entitled to an |
8 | | annuity computed as follows if such annuity
is greater than |
9 | | that provided in the foregoing paragraphs of this Section
|
10 | | 9-128.1: An annuity equal to 50% of the average salary for the |
11 | | 4 highest
consecutive years of the last 10 years of service |
12 | | plus additional annuity
equal to 2% of such average salary for |
13 | | each completed year of service or
fraction thereof rendered |
14 | | after his attainment of age 53 and the completion
of 23 years |
15 | | of service, plus an additional annuity equal to 1% of such
|
16 | | average salary for each completed year of service or fraction |
17 | | thereof in
excess of 23 years up to age 53.
|
18 | | (c) Any deputy sheriff who withdraws from the service after |
19 | | December 31,
1987 with 20 or more years of service credit, |
20 | | shall be entitled, upon
attainment of age 50, to an annuity |
21 | | computed as follows if such annuity is
greater than that |
22 | | provided in the foregoing paragraphs of this Section
9-128.1: |
23 | | An annuity equal to 50% of the average salary for the 4 highest
|
24 | | consecutive years of the last 10 years of service, plus |
25 | | additional annuity
equal to 2% of such average salary for each |
26 | | completed year of service or
fraction thereof in excess of 20 |
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1 | | years.
|
2 | | (d) A deputy sheriff who reaches compulsory retirement age |
3 | | and who has less
than 23 years of service shall be entitled to |
4 | | a minimum annuity equal to
an amount determined by the product |
5 | | of (1) his years of service and (2)
2% of his average salary |
6 | | for the 4 consecutive highest years of salary within
the last |
7 | | 10 years of service immediately prior to his reaching |
8 | | compulsory
retirement age.
|
9 | | (e) Any deputy sheriff who retires after January 1, 1984 |
10 | | and elects to
receive an annuity under this Section, and who |
11 | | has credits under this
Article for service not as a deputy |
12 | | sheriff, shall be entitled to receive,
in addition to the |
13 | | amount of annuity otherwise provided under this Section,
an |
14 | | additional amount of annuity provided from the totals |
15 | | accumulated to his
credit for prior service and age and service |
16 | | annuities for such service not
as a deputy sheriff.
|
17 | | (f) The term "deputy sheriff" means an employee charged |
18 | | with the duty of
law enforcement as a deputy sheriff as |
19 | | specified in Section 1 of "An Act
in relation to County Police |
20 | | Departments in certain Counties, creating a
County Police |
21 | | Department Merit Board and defining its powers and
duties", |
22 | | approved August 5, 1963, who rendered service in such position
|
23 | | before and after such date.
|
24 | | The terms "deputy sheriff" and "member of a County Police |
25 | | Department"
shall also include an elected sheriff of the county |
26 | | who has elected to become
a contributor and who has submitted |
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1 | | to the board his written election to
be included within the |
2 | | provisions of this Section. With respect to any
such sheriff, |
3 | | service as the elected sheriff of the county shall be deemed
to |
4 | | be service in the position of deputy sheriff for the purposes |
5 | | of this
Section provided that the employee contributions |
6 | | therefor are made at the
rate prescribed for members of the |
7 | | County Police Department. A sheriff
electing to be included |
8 | | under this Section may also elect to have his service
as |
9 | | sheriff of the county before the date of such election included |
10 | | as service
as a deputy sheriff for the purposes of this |
11 | | Section, by making an additional
contribution for each year of |
12 | | such service, equal to the difference between
the amount he |
13 | | would have contributed to the Fund during such year had he
been |
14 | | contributing at the rate then in effect for members of the |
15 | | County Police
Department and the amount actually contributed, |
16 | | plus interest thereon at
the rate of 6% per annum from the end |
17 | | of such year to the date of payment.
|
18 | | (g) In no case shall an annual annuity provided in this |
19 | | Section 9-128.1
exceed 80% of the average annual salary for any |
20 | | 4 consecutive years within
the last 10 years of service |
21 | | immediately preceding the date of withdrawal from
service.
|
22 | | A deputy sheriff may in addition, be entitled to the |
23 | | benefits provided by
Section 9-133 or 9-133.1 if he so |
24 | | qualifies under such Sections.
|
25 | | (h) A deputy sheriff may elect, between January 1 and |
26 | | January 15, 1983, to
transfer his creditable service as a |
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1 | | member of the State Employees' Retirement
System of Illinois to |
2 | | any Fund established under this Article of which he
is a |
3 | | member, and such transferred creditable service shall be |
4 | | included as
service for the purpose of calculating his benefits |
5 | | under this Article to
the extent that the payment specified in |
6 | | Section 14-105.3 has been received
by such Fund.
|
7 | | (i) An active deputy sheriff who has at least 15 years of |
8 | | service
credit in that capacity may elect to have any or all of |
9 | | his credits under
this Article for service not as a deputy |
10 | | sheriff deemed to be credits for
service as a deputy sheriff, |
11 | | by filing a written election with the Board,
accompanied by |
12 | | payment of an amount to be determined by the Board, equal to
|
13 | | (1) the difference between the amount of employee contributions |
14 | | actually
contributed by the applicant for such service not as a |
15 | | deputy sheriff, and
the amounts that would have been |
16 | | contributed had such contributions been
made at the rates |
17 | | applicable to service as a deputy sheriff, plus (2)
interest |
18 | | thereon at the rate of 3% per annum, compounded annually, from |
19 | | the
date of service to the date of payment.
|
20 | | (j) Beginning on the effective date of this amendatory Act |
21 | | of 1996, the
terms "deputy sheriff" and "member of a County |
22 | | Police Department" shall also
include any chief of the County |
23 | | Police Department or undersheriff of the
County Sheriff's |
24 | | Department who has submitted to the board his or her written
|
25 | | election to be included within the provisions of this Section. |
26 | | With respect to
any such police chief or undersheriff, service |
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1 | | as a chief of the County Police
Department or an undersheriff |
2 | | of the County Sheriff's Department shall be
deemed to be |
3 | | service in the position of deputy sheriff for the purposes of |
4 | | this
Section, provided that the employee contributions |
5 | | therefor are made at the rate
prescribed for members of the |
6 | | County Police Department.
|
7 | | A chief of the County Police Department or undersheriff of |
8 | | the County
Sheriff's Department electing to be
included under |
9 | | this Section may also elect to have his or her service as chief
|
10 | | of the County Police Department or undersheriff of the County |
11 | | Sheriff's
Department before the date of the election included |
12 | | as service as a deputy
sheriff for the purposes of this |
13 | | Section, by making an additional contribution
for each year of |
14 | | such service, equal to the difference between the amount that
|
15 | | he or she would have contributed to the Fund during that year |
16 | | at the rate then
in effect for members of the County Police |
17 | | Department and the amount actually
contributed, plus interest |
18 | | thereon at the rate of 6% per year, compounded
annually, from |
19 | | the end of that year to the date of payment.
|
20 | | A chief of the County Police Department or undersheriff of |
21 | | the County
Sheriff's Department who has elected to be included |
22 | | within the provisions of
this Section may transfer to this Fund |
23 | | credits and creditable service
accumulated under any pension |
24 | | fund or retirement system established under
Article 3, 7, 8, |
25 | | 14, or 15, upon payment to the Fund of (1) the amount by which
|
26 | | the employee contributions that would have been required if he |
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1 | | or she had
participated in this Fund during the period for |
2 | | which credit is being
transferred, plus interest, plus an equal |
3 | | amount for employer
contributions, exceeds the amounts |
4 | | actually transferred from that other fund or
system to this |
5 | | Fund, plus (2) interest thereon at 6% per year, compounded
|
6 | | annually, from the date of transfer to the date of payment.
|
7 | | A chief of the County Police Department or undersheriff of |
8 | | the County
Sheriff's Department may purchase credits and |
9 | | creditable service for up to 2
years of public employment |
10 | | rendered to an out-of-state public agency. Payment
for that |
11 | | service shall be at the applicable rates in effect for employee |
12 | | and
employer contributions during the period for which credit |
13 | | is being purchased,
plus interest at the rate of 6% per year, |
14 | | compounded annually, from the date of
service until the date of |
15 | | payment.
|
16 | | (k) The benefits of this Section do not apply to employees |
17 | | that first become participants on or after July 1, 2013. |
18 | | (Source: P.A. 89-643, eff. 8-9-96.)
|
19 | | (40 ILCS 5/9-133) (from Ch. 108 1/2, par. 9-133)
|
20 | | Sec. 9-133. Automatic increase in annuity.
|
21 | | (a) An employee who retired or retires from service after |
22 | | December 31, 1959,
having attained age 60 or more or, beginning |
23 | | January 1, 1991, having attained
30 or more years of creditable |
24 | | service, shall, in the month of January of the
year following |
25 | | the year in which the first anniversary of retirement occurs,
|
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1 | | have his then fixed and payable monthly annuity increased by 1 |
2 | | 1/2%, and such
first fixed annuity as granted at retirement |
3 | | increased by a further 1 1/2% in
January of each year |
4 | | thereafter. Beginning with January of the year 1972, such
|
5 | | increases shall be at the rate of 2% in lieu of the aforesaid |
6 | | specified 1 1/2%.
Beginning with January of the year 1982, such |
7 | | increases shall be at the rate
of 3% in lieu of the aforesaid |
8 | | specified 2%. Beginning January 1, 1998,
these increases shall |
9 | | be at the rate of 3% of the current amount of the
annuity, |
10 | | including any previous increases received under this Article,
|
11 | | without regard to whether the annuitant is in service on or |
12 | | after the
effective date of this amendatory Act of 1997.
|
13 | | An employee who retires on
annuity before age 60 and, |
14 | | beginning January 1, 1991, with less than 30 years
of |
15 | | creditable service shall receive such increases beginning with |
16 | | January of
the year immediately following the year in which he |
17 | | attains the age of 60
years. An employee who retires on annuity |
18 | | before age 60 and before January 1,
1991, with at least 30 |
19 | | years of creditable service, shall be entitled to
receive the |
20 | | first increase under this subsection no later than January 1, |
21 | | 1993.
|
22 | | For an employee who, in accordance with the provisions of |
23 | | Section
9-108.1 of this Act, shall have become a member of the |
24 | | State System
established under Article 14 on February 1, 1974, |
25 | | the first such
automatic increase shall begin in January of |
26 | | 1975.
|
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1 | | (b) Subsection (a) is not applicable to an employee |
2 | | retiring and receiving a
term annuity, as defined in this Act, |
3 | | nor to any otherwise qualified employee
who retires before he |
4 | | makes employee contributions (at the 1/2 of 1% rate as
provided |
5 | | in this Section) for this additional annuity for not less than |
6 | | the
equivalent of one full year. Such employee, however, shall |
7 | | make arrangement to
pay to the fund a balance of such |
8 | | contributions, based on his final salary, as
will bring such |
9 | | 1/2 of 1% contributions, computed without interest, to the
|
10 | | equivalent of one year's contributions.
|
11 | | Beginning with the month of January, 1960, each employee |
12 | | shall
contribute by means of salary deductions 1/2 of 1% of |
13 | | each salary
payment, concurrently with and in addition to the |
14 | | employee contributions
otherwise provided for annuity |
15 | | purposes.
|
16 | | Beginning July 1, 2013, contributions will no longer be |
17 | | allocated for the automatic increase. |
18 | | Each such additional contribution shall be used, together |
19 | | with county
contributions, to defray the cost of the specified |
20 | | annuity increments.
|
21 | | Such additional employee contributions are not refundable, |
22 | | except to
an employee who withdraws and applies for refund |
23 | | under this Article, or
applies for annuity, and also in cases |
24 | | where a term annuity becomes
payable. In such cases his |
25 | | contributions shall be refunded, without
interest.
|
26 | | (Source: P.A. 95-369, eff. 8-23-07.)
|
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1 | | (40 ILCS 5/9-160) (from Ch. 108 1/2, par. 9-160)
|
2 | | Sec. 9-160. Annuity after withdrawal while disabled. An |
3 | | employee whose disability continues after he has received |
4 | | ordinary
disability benefit for the maximum period of time |
5 | | prescribed by this
Article , and who withdraws before age 60 |
6 | | while still so disabled, is
entitled to receive the annuity |
7 | | provided from the total sum accumulated
to his credit from |
8 | | employee contributions and county contributions to be
computed |
9 | | as of his age on the date of withdrawal.
|
10 | | The annuity to which his wife shall be entitled upon his |
11 | | death, shall
be fixed on the date of his withdrawal. It shall |
12 | | be provided on a
reversionary annuity basis from the total sum |
13 | | accumulated to his credit
for widow's annuity on the date of |
14 | | such withdrawal.
|
15 | | Upon the death of any such employee while on annuity, if |
16 | | his service
was at least 4 years after the date of his original |
17 | | entry, and at least
2 years after the date of his latest |
18 | | re-entry, his unmarried child or
children under age 18 shall be |
19 | | entitled to annuity specified in this
Article for children of |
20 | | an employee who retires after age 50 (age 55 for
withdrawal |
21 | | before January 1, 1988), subject to
prescribed limitations on |
22 | | total payments to a family of an employee.
|
23 | | (Source: P.A. 85-964.)
|
24 | | (40 ILCS 5/9-164) (from Ch. 108 1/2, par. 9-164)
|
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1 | | Sec. 9-164. Refunds - Withdrawal before age 55 or with less |
2 | | than 10
years of service.
|
3 | | (1) An employee, without regard to length of service, who |
4 | | withdraws
before age 55 (age 62 for an employee that was |
5 | | participating in the reformed benefit package who first becomes |
6 | | a member on or after January 1, 2011 ), and any employee with |
7 | | less than 10 years of service who
withdraws before age 60, and |
8 | | any employee that was participating in the reformed benefit |
9 | | package who first becomes a member on or after January 1, 2011 |
10 | | who withdraws with less than 10 years of service, shall be |
11 | | entitled to a refund of the total sums
accumulated to his |
12 | | credit as of date of withdrawal for age and service
annuity and |
13 | | widow's annuity resulting from amounts contributed by him or
by |
14 | | the county in lieu of employee contributions during duty |
15 | | disability.
If he is a present employee he shall also be |
16 | | entitled to a refund of the
total sum accumulated from any sums |
17 | | contributed by him and applied to
any county pension fund |
18 | | superseded by this fund. An employee withdrawing
on or after |
19 | | January 1, 1984 may receive a refund only after he has been
off |
20 | | the payroll for at least 30 days during which time he has |
21 | | received no salary.
|
22 | | (2) Upon receipt of the refund, the employee surrenders and |
23 | | forfeits
all rights to any annuity or other benefits for |
24 | | himself and for any
other persons who might have benefited |
25 | | through him; provided that he may
have any such period of |
26 | | service counted in computing the term of his
service - for age |
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1 | | and service annuity purposes only - if he becomes an
employee |
2 | | before age 65, excepting as limited by the provisions of this
|
3 | | Article relating to the basis of computing the term of service.
|
4 | | (3) An employee who does not receive a refund shall have |
5 | | all amounts
to his credit for annuity purposes on the date of |
6 | | his withdrawal
improved by interest only until he becomes 65 |
7 | | while out of service at
the effective rate for his benefit and |
8 | | the benefit of any person who may
have any right to annuity |
9 | | through him if he re-enters service and
attains a right to |
10 | | annuity.
|
11 | | (4) Any such employee shall retain such right to a refund |
12 | | of such
amounts when he shall apply for same until he re-enters |
13 | | the service or
until the amount of annuity shall have been |
14 | | fixed as provided in this
Article. Thereafter, no such right |
15 | | shall exist in the case of any such
employee.
|
16 | | (Source: P.A. 96-1490, eff. 1-1-11.)
|
17 | | (40 ILCS 5/9-170) (from Ch. 108 1/2, par. 9-170)
|
18 | | Sec. 9-170.
Contributions for age and service annuities for |
19 | | present
employees, future entrants and re-entrants.
|
20 | | (a) Beginning on the effective date as to a present |
21 | | employee in
paragraph (a) or (c) of Section 9-109, or as to a |
22 | | future entrant in
paragraph (a) of Section 9-110, and beginning |
23 | | on September 1, 1935 as
to a present employee in paragraph (b) |
24 | | (1) of Section 9-109 or as to a
future entrant in paragraph (b) |
25 | | or (d) of Section 9-110, and beginning
from the date of |
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1 | | becoming a contributor as to any present employee in
paragraph |
2 | | (b)(2) or (d) of Section 9-109, or any future entrant in
|
3 | | paragraph (c) or (e) of Section 9-110, there shall be deducted |
4 | | and
contributed to this fund 3 1/4% of each payment of salary |
5 | | for age and
service annuity until July 1, 1947. Beginning July |
6 | | 1, 1947 and prior to
July 1, 1953, 5% and beginning July 1, |
7 | | 1953, and prior to September 1,
1971, 6%; and beginning |
8 | | September 1, 1971, 6 1/2% of each payment of
salary of such |
9 | | employees shall be deducted and contributed for such
purpose.
|
10 | | From and after January 1, 1966, each deputy sheriff as |
11 | | defined
in Section 9-128.1 who is a member of the County Police |
12 | | Department and
a participant of this fund shall contribute 7% |
13 | | of salary for age and
service annuity. At the time of |
14 | | retirement on annuity, a deputy sheriff
who is a member of the |
15 | | County Police Department, who chooses to retire
under |
16 | | provisions of this Article other than Section 9-128.1, may |
17 | | receive a
refund of the difference between the contributions |
18 | | made as a deputy sheriff
who is a member of the County Police |
19 | | Department and the contributions that
would have been made for |
20 | | such service not as a deputy sheriff who is a
member of the |
21 | | County Police Department, including interest earned.
|
22 | | Such deductions beginning on the effective date and prior |
23 | | to July 1,
1947 shall be made and continued for a future |
24 | | entrant while he is in the
service until he attains age 65, and |
25 | | beginning on the effective date and
prior to July 1, 1953 for a |
26 | | present employee while he is in the service
until the amount so |
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1 | | deducted from his salary or paid by him according to
law to any |
2 | | county pension
fund in force on the effective date, with |
3 | | interest on both such amounts
at 4% per annum, equals the sum |
4 | | that would have been to his credit from
sums deducted from his |
5 | | salary if deductions at the rate herein stated
had been made |
6 | | during his entire service until he attained age 65, with
|
7 | | interest at 4% per annum for the period subsequent to his |
8 | | attainment of
age 65. Such deductions beginning July 1, 1947 |
9 | | for future entrants and
beginning July 1, 1953 for present |
10 | | employees shall be made and continued
while such future entrant |
11 | | or present employee is in the service.
|
12 | | (b) Concurrently with each employee contribution, the |
13 | | county shall
contribute beginning on the effective date and |
14 | | prior to July 1, 1947, 5
3/4%, and beginning on July 1, 1947 |
15 | | and prior to July 1, 1953, 7%; and
beginning on July 1, 1953, |
16 | | 6% of each payment of such salary until the
employee attains |
17 | | age 65.
|
18 | | (c) Each present employee contribution made prior to the |
19 | | date the
age and service annuity for such employee is fixed, |
20 | | each future entrant
contribution, and each corresponding |
21 | | county contribution shall be
allocated to the account of and |
22 | | credited to the employee for whose
benefit it is made.
|
23 | | (d) Notwithstanding any other provision of this Article, |
24 | | beginning July 1, 2013, all participants shall be required to |
25 | | make the following contributions: |
26 | | (1) Participants who elect the traditional benefit |
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1 | | package under paragraph (1) of subsection (a) of Section |
2 | | 9-170.3 of this Code shall contribute a percentage of |
3 | | salary equal to the sum of subparagraphs (A) and (B) of |
4 | | this paragraph (1) as follows: |
5 | | (A) An amount equal to the greater of (i) 6% of |
6 | | salary or (ii) one-half of the actuarially determined |
7 | | normal cost of the reformed benefit package. |
8 | | (B) An additional percentage of salary that is |
9 | | actuarially determined to equal the difference between |
10 | | the normal cost of the traditional benefit package and |
11 | | the normal cost of the reformed benefit package. That |
12 | | additional percentage shall be based on the fiscal year |
13 | | 2011 contribution and updated every 3 years |
14 | | thereafter. The employer shall contribute 13.09% of |
15 | | employee salary. |
16 | | (2) Participants who elect the reformed benefit |
17 | | package under paragraph (2) of subsection (a) of Section |
18 | | 9-170.3 of this Code shall contribute an amount equal to |
19 | | the greater of (i) 7% of salary or (ii) one-half of the |
20 | | actuarially determined normal cost of the reformed benefit |
21 | | package, including the cost of retiree health benefits as |
22 | | determined by the fund's actuary. The actuarially |
23 | | determined normal cost of the reformed benefit package |
24 | | shall be based on the fiscal year 2011 contribution and |
25 | | updated every 3 years thereafter. The employer |
26 | | contribution amount shall be calculated as the employee |
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1 | | contribution multiplied by 1.54. |
2 | | (3) Participants who elect the self-managed plan under
|
3 | | paragraph (3) of subsection (a) of Section 9-170.3 of this
|
4 | | Code shall contribute a minimum of 6% of salary. |
5 | | Participants who elect the self-managed plan provided |
6 | | under Section 9-170.3 of this Code may elect to increase |
7 | | their employee contributions in accordance with rules |
8 | | prescribed by the board. |
9 | | No prior contribution increases or other additional
|
10 | | contributions specified by this Section shall apply to
any |
11 | | participant for service on or after January 1, 2013. |
12 | | (Source: P.A. 86-1488.)
|
13 | | (40 ILCS 5/9-170.3 new) |
14 | | Sec. 9-170.3. Benefit accruals on and after July 1, 2013. |
15 | | (a) Each participating employee under this Article, other |
16 | | than a person who first becomes an employee and a participant |
17 | | on or after January 1, 2011, shall choose which retirement |
18 | | program he or she wishes to participate in with respect to all |
19 | | periods of employment occurring on and after July 1, 2013, |
20 | | except that such participants with more than 5 years of |
21 | | creditable service at the time of election shall only be |
22 | | eligible to elect one of the retirement programs in paragraphs |
23 | | (1) or (2) of this subsection (a). The retirement program |
24 | | election made by the participating employee must be made no |
25 | | later than January 1, 2013. The participating employee shall |
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1 | | elect one of the following retirement programs: |
2 | | (1) the traditional benefit package provided by the |
3 | | Fund; |
4 | | (2) the reformed benefit package provided by the Fund; |
5 | | or |
6 | | (3) the self-managed plan provided by the Fund. |
7 | | (b) A person who first becomes an employee and a |
8 | | participant in the Fund on or after January 1, 2011 shall be |
9 | | given the choice to elect which retirement program he or she |
10 | | wishes to participate in with respect to all periods of |
11 | | employment occurring on and after July 1, 2013. The participant |
12 | | shall elect one of the retirement programs provided in |
13 | | paragraph (2) or (3) of subsection (a) of this Section. The |
14 | | participant must make the election (i) by January 1, 2013 or |
15 | | within 6 months after the participant's first day of |
16 | | employment, whichever is later, and (ii) if applicable, every 3 |
17 | | years thereafter. |
18 | | (c) The participant election authorized by this Section is |
19 | | an irrevocable election, except that any individual making an |
20 | | election for the retirement program described under paragraph |
21 | | (1) or (2) of subsection (a) shall make an election for a |
22 | | period of 3 years and shall make subsequent elections every 3 |
23 | | years during a 6-month period prescribed by the Fund. The |
24 | | election shall be made in writing, in the manner prescribed by |
25 | | the Fund. Any participant who fails to make the election shall, |
26 | | by default, participate in the benefit program provided under |
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1 | | paragraph (2) of subsection (a) of this Section. |
2 | | (d) Participants who have already made an election pursuant |
3 | | to subsection (a) shall be given the opportunity to make a new |
4 | | election as follows: |
5 | | (1) Each participant in the traditional benefit |
6 | | package provided under paragraph (1) of subsection (a) of |
7 | | this Section shall have the opportunity to elect to |
8 | | terminate participation in the traditional benefit package |
9 | | and to elect to have retirement benefits for future service |
10 | | provided under the reformed benefit package provided under |
11 | | paragraph (2) of subsection (a) of this Section or the |
12 | | self-managed plan under paragraph (3) of subsection (a) of |
13 | | this Section. |
14 | | (2) Each participant in the reformed benefit package |
15 | | provided under paragraph (2) of subsection (a) of this |
16 | | Section shall have the opportunity to elect to terminate |
17 | | participation in the reformed benefit package and to elect |
18 | | to have retirement benefits for future service provided |
19 | | under the self-managed plan provided under paragraph (3) of |
20 | | subsection (a) of this Section. |
21 | | (3) The elections permitted under paragraphs (1) and |
22 | | (2) must be made during a 6-month period in the manner |
23 | | prescribed by the Fund. |
24 | | (e) If a participant under the traditional benefit package |
25 | | elects the reformed benefit package, the participant's total |
26 | | salary and service credit for purposes of determining an |
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1 | | annuity shall be the sum of (i) the participant's benefit |
2 | | accruals under the traditional benefit package, based on the |
3 | | participant's salary and service under the traditional benefit |
4 | | package and frozen with respect to salary for service earned |
5 | | subsequent to participation under the traditional benefit |
6 | | package and (ii) the participant's benefit accruals based on |
7 | | salary and service under the reformed benefit package. All |
8 | | rights and features provided under the traditional benefit |
9 | | package will be preserved with respect to benefits earned under |
10 | | such package completed prior to the election to participate in |
11 | | the reformed benefit package. All credited service under the |
12 | | Fund shall count for purposes of determining retirement |
13 | | eligibility and vesting under the both traditional benefit |
14 | | package and the reformed benefit package, provided that the |
15 | | vesting requirements of the traditional benefit package shall |
16 | | continue to govern vesting for participants in the reformed |
17 | | benefit package. |
18 | | For a participant under the traditional benefit package who |
19 | | elects the reformed benefit package, the combined maximum |
20 | | benefit of the traditional benefit package plus the reformed |
21 | | benefit package as determined in this subsection shall not |
22 | | exceed the greater of 80% of the final average salary used to |
23 | | calculate the reformed benefit annuity or 80% of the final |
24 | | average salary used to calculate the traditional benefit |
25 | | annuity. |
26 | | (f) If a participant with an accrued benefit under the
|
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1 | | traditional benefit package or the reformed benefit package |
2 | | provided under paragraph (2) of subsection (a) of this Section |
3 | | elects the self-managed plan provided under paragraph (3) of |
4 | | subsection (a) of this Section, the participant's total accrued |
5 | | benefit for purposes of determining an annuity shall be the |
6 | | participant's benefit accruals prior to participation in the |
7 | | self-managed plan, based on the participant's salary and |
8 | | service and fixed with respect to salary for service earned |
9 | | subsequent to participation in the traditional or reformed |
10 | | benefit package. However, the participant shall also have an |
11 | | accrued self-managed plan balance, as specified in subsection |
12 | | (i) of Section 9-170.5, for periods of employment on or after |
13 | | participation in the self-managed plan. A11 rights and features |
14 | | provided under the traditional or reformed benefit package will |
15 | | be preserved with respect to benefits earned under that package |
16 | | with respect to service completed prior to the election to |
17 | | participate in the self-managed plan. All credited service |
18 | | under the Fund shall count for purposes of determining |
19 | | retirement eligibility and vesting under the reformed benefit |
20 | | package and the self-managed plan. |
21 | | (g) An individual with less than 5 years of creditable |
22 | | service and who is a participant in the Fund but is not a |
23 | | participating employee on January 1, 2013 shall be allowed to |
24 | | elect, based on the eligibility criteria specified in this |
25 | | Code, one of the retirement programs provided in paragraph (1), |
26 | | (2), or (3) of subsection (a) of this Section within 6 months |
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1 | | after becoming an employee, based on eligibility. |
2 | | An individual with 5 or more years of creditable service |
3 | | and who is a participant in the Fund but is not a participating |
4 | | employee on January 1, 2013 shall be allowed to elect, based on |
5 | | the eligibility criteria specified in this Code, one of the |
6 | | retirement programs provided in paragraph (1) or (2) of |
7 | | subsection (a) of this Section within 6 months after becoming |
8 | | an employee, based on eligibility. |
9 | | (40 ILCS 5/9-170.4 new) |
10 | | Sec. 9-170.4. Minimum benefit and allocation provisions. |
11 | | (a) If the participant is participating in the traditional |
12 | | benefit package provided under paragraph (1) of subsection (a) |
13 | | of Section 9-170.3 of this Code or the revised defined benefit |
14 | | package provided under paragraph (2) of subsection (a) of |
15 | | Section 9-170.3 of this Code, the participant shall receive a |
16 | | minimum benefit (commencing on his or her Social Security |
17 | | retirement age) that is equal to the annual primary insurance |
18 | | amount the participant would have under Social Security. For |
19 | | the purposes of this Section, the primary insurance amount a |
20 | | participant would have under Social Security shall be |
21 | | calculated so that the System meets the requirements necessary |
22 | | to be considered a "retirement system" under Section |
23 | | 3121(b)(7)(F) of the Internal Revenue Code and the regulations |
24 | | in effect thereunder. |
25 | | (b) If the participant is participating in the self-managed |
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1 | | plan provided under Section 9-170.5 of this Code, the member |
2 | | shall receive a minimum allocation equal to 7.5% of the |
3 | | participant's compensation for service during the period. All |
4 | | contributions shall be taken into account for this purpose. For |
5 | | the purposes of this paragraph (2), the minimum allocation |
6 | | shall be calculated so that the Fund meets the requirements |
7 | | necessary to be considered a retirement system under Section |
8 | | 3121(b)(7)(F) of the Internal Revenue Code and the regulations |
9 | | in effect thereunder. |
10 | | (40 ILCS 5/9-170.5 new) |
11 | | Sec. 9-170.5. Self-managed plan. |
12 | | (a) Purpose. The Fund shall establish and administer a |
13 | | self-managed plan, which shall offer participants the |
14 | | opportunity to accumulate assets for retirement through a |
15 | | combination of employee and employer contributions that may be |
16 | | invested in mutual funds, collective investment funds, or other |
17 | | investment products and may be used to purchase annuity |
18 | | contracts, either fixed or variable or a combination thereof. |
19 | | The plan must be qualified under the Internal Revenue Code of |
20 | | 1986. |
21 | | (b) The Fund shall be the plan sponsor for the self-managed |
22 | | plan and shall prepare a plan document and prescribe such rules |
23 | | and procedures as are considered necessary or desirable for the |
24 | | administration of the self-managed plan. Consistent with its |
25 | | fiduciary duty to the participants and beneficiaries of the |
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1 | | self-managed plan, the Board of Trustees of the Fund may |
2 | | delegate aspects of plan administration as it sees fit to |
3 | | companies authorized to do business in this State. |
4 | | (c) Selection of service providers and funding vehicles. |
5 | | The Fund may solicit proposals to provide administrative |
6 | | services and funding vehicles for the self-managed plan from |
7 | | insurance and annuity companies and mutual fund companies, |
8 | | banks, trust companies, or other financial institutions |
9 | | authorized to do business in this State. |
10 | | The Fund shall periodically review each approved company. A |
11 | | company may continue to provide administrative services and |
12 | | funding vehicles for the self-managed plan only so long as it |
13 | | continues to be an approved company under contract with the |
14 | | Board. |
15 | | (d) Participant direction. Participants in the program |
16 | | must be allowed to direct the transfer of their account |
17 | | balances among the various investment options offered, subject |
18 | | to applicable contractual provisions. The participants shall |
19 | | not be deemed a fiduciary by reason of providing such |
20 | | investment direction. A person who is a fiduciary shall not be |
21 | | liable for any loss resulting from such investment direction |
22 | | and shall not be deemed to have breached any fiduciary duty by |
23 | | acting in accordance with that direction. Neither the Fund nor |
24 | | the employer guarantees any of the investments in the |
25 | | employee's account balances. |
26 | | (e) Participation. A participant eligible to participate |
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1 | | in the self-managed plan must make a written election under |
2 | | Section 9-170.3 and the procedures established by the Fund. |
3 | | Participation in the self-managed plan by an electing employee |
4 | | shall begin by the first day of the second pay period following |
5 | | the later of (i) the date the participant's election is filed |
6 | | with the Fund or (ii) July 1, 2013. |
7 | | A participant who has elected to participate in the |
8 | | self-managed plan under this Section must continue |
9 | | participation while employed in a participating employment |
10 | | position. Participation in the self-managed plan under this |
11 | | Section shall constitute membership in the Fund. |
12 | | A participant under this Section shall be entitled to the |
13 | | benefits of Article 20 of this Code. |
14 | | (f) Contributions. The self-managed plan shall be funded by |
15 | | contributions from participants participating in the |
16 | | self-managed plan and employer contributions as provided in |
17 | | this Section. |
18 | | This required contribution shall be made as an "employer |
19 | | pick up" under Section 414(h) of the Internal Revenue Code of |
20 | | 1986 or any successor Section thereof. In no event shall a |
21 | | participant have an option of receiving these amounts in cash.
|
22 | | The self-managed plan shall provide for employer contributions |
23 | | to be credited to each self-managed plan participant at a rate |
24 | | of 6% of the participant's salary. The amounts so credited |
25 | | shall be paid into the employee's self-managed plan account in |
26 | | a manner to be prescribed by the Fund. The employer shall |
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1 | | contribute 6% to the self-managed plan regardless of the |
2 | | existence of the current funding mechanism. |
3 | | Under the self-managed plan, an amount of employer |
4 | | contributions, not exceeding 1% of the participating |
5 | | employees' salary, shall be used for the purpose of providing |
6 | | disability benefits of the Fund to employees. Prior to the |
7 | | beginning of each calendar year under the self-managed plan, |
8 | | the Board of Trustees shall determine, as a percentage of |
9 | | salary, the amount of employer contributions to be allocated |
10 | | during that plan year for providing disability benefits for |
11 | | employees in the self-managed plan. |
12 | | The employer shall make contributions to the Fund of the |
13 | | employer contributions required for participants who |
14 | | participate in the self-managed plan under this Section. The |
15 | | employer amount required shall be certified by the Board of |
16 | | Trustees of the Fund and provided to the employer on or before |
17 | | March 1st of each year and paid by the employer on or before |
18 | | June 1st of that year for participants in the self-managed plan |
19 | | in accordance with this Article. The Fund shall not be |
20 | | obligated to remit the required employer contributions to any |
21 | | person or entity until it has received the required employer |
22 | | contributions from the employer. The Fund shall not be liable |
23 | | to any member participating in the self-managed plan for any |
24 | | damages resulting from any delay in remitting employee or |
25 | | employer contributions. |
26 | | (g) Vesting; withdrawal; return to service. A participant |
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1 | | in the self-managed plan becomes vested in the employer |
2 | | contributions credited to his or her account in the |
3 | | self-managed plan on the earliest to occur of the following: |
4 | | (1) completion of 5 years of creditable service; (2) the death |
5 | | of the participant while in active service, if the participant |
6 | | has completed at least 1 1/2 years of service; or (3) the |
7 | | participant's election to retire and apply the reciprocal |
8 | | provisions of Article 20 of this Code. |
9 | | (h) Benefit amounts. If a participant who is vested in |
10 | | employer contributions terminates employment, the participant |
11 | | shall be entitled to a benefit which is based on the account |
12 | | values attributable to employer and participant contributions |
13 | | and any investment return thereon. |
14 | | (i) No duplication of service credit. Notwithstanding any |
15 | | other provision of this Article, an employee may not purchase |
16 | | or receive service or service credit applicable to any other |
17 | | retirement program administered by the Fund under this Article |
18 | | for any period during which the employee was a participant in |
19 | | the self-managed plan established under this Section. |
20 | | If a member who is not vested in employer contributions
|
21 | | terminates employment, the member shall be entitled to a
|
22 | | benefit based solely on the account values attributable to the
|
23 | | member's contributions and any investment return thereon, and
|
24 | | the employer contributions and any investment return thereon
|
25 | | shall be forfeited. Any employer contributions that are
|
26 | | forfeited shall be held in escrow by the company investing |
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1 | | those contributions and shall be used as directed by the Fund. |
2 | | A participant in the self-managed plan who receives a |
3 | | distribution of his or her vested amounts from the self-managed |
4 | | plan while not yet eligible for retirement under this Article |
5 | | (and Article 20, if applicable) shall forfeit all service |
6 | | credit and accrued rights in the Fund. |
7 | | (40 ILCS 5/9-170.6 new) |
8 | | Sec. 9-170.6. Employer contributions to the self-managed |
9 | | plan. Beginning in fiscal year 2014, for members electing |
10 | | benefits under paragraph (3) of subsection (a) of Section |
11 | | 9-170.5, an employer contribution shall be made each fiscal |
12 | | year in an amount equal to 6% of total pensionable payroll for |
13 | | the respective employee group. |
14 | | (40 ILCS 5/9-170.7 new) |
15 | | Sec. 9-170.7. Maximum self-managed plan participation. By |
16 | | January 1, 2013, the Fund shall certify its total active |
17 | | participant population. When the number of participants that |
18 | | elect the self-managed plan is equal to 20% of the total active |
19 | | participant population, then no participant may elect the |
20 | | self-managed plan. Beginning in 2016 and every 3 years |
21 | | thereafter, the Fund shall recertify its total active |
22 | | participant population and the number of participants in the |
23 | | self-managed plan. If the number of participants in the |
24 | | self-managed plan is less than 20% of the recertified total |
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1 | | active participant population, then eligible participants may |
2 | | elect to participate in the self-managed plan. However, |
3 | | participants shall be prohibited from electing to participate |
4 | | once the Fund determines that the number of participants in the |
5 | | self-managed plan is equal to 20% of the number of total active |
6 | | participants in the Fund.
|
7 | | (40 ILCS 5/9-174) (from Ch. 108 1/2, par. 9-174)
|
8 | | Sec. 9-174.
Contributions by disabled employee whose |
9 | | ordinary disability benefit has
expired.
|
10 | | In the case of any disabled employee whose credit for |
11 | | ordinary
disability benefit purposes has expired and who |
12 | | continues to be disabled
such employee shall have the right to |
13 | | contribute to the fund at the current
contribution rate for the |
14 | | member's applicable benefit package for a period not to exceed |
15 | | a total of 12 months during
his entire period of service and to |
16 | | receive credit for all annuity purposes
for any such periods |
17 | | paid for. Such payment shall not affect the
employee's |
18 | | resignation date for purposes of annuity.
|
19 | | (Source: P.A. 86-1488.)
|
20 | | (40 ILCS 5/9-176) (from Ch. 108 1/2, par. 9-176)
|
21 | | Sec. 9-176.
Contributions for widow's annuity for widows of |
22 | | present employees, future
entrants and re-entrants.
|
23 | | (a) Beginning on the effective date as to a present |
24 | | employee in
paragraph (a) or (c) of Section 9--109, or as to a |
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1 | | future entrant in
paragraph (a) of Section 9--110, and |
2 | | beginning on September 1, 1935, as to
a present employee in |
3 | | paragraph (b) (1) of section 9--109 or as to a future
entrant |
4 | | in paragraph (b) or (d) of Section 9--110, and beginning from |
5 | | the
date of becoming a contributor as to any present employee |
6 | | in paragraph (b)
(2) or (d) of Section 9--109, or any future |
7 | | entrant in paragraph (c) or (e)
of Section 9--110, there shall |
8 | | be deducted and contributed by each male
employee 1%, and from |
9 | | and after January 1, 1966, and until July 1, 2013, 1 1/2%, of |
10 | | each payment of
salary for widow's annuity. Deductions shall be |
11 | | continued during service
until the employee attains age 65.
|
12 | | (b) Concurrently with each employee contribution, the |
13 | | county shall
contribute beginning on the effective date and |
14 | | prior to July 1, 1947, 1
3/4%, and beginning on July 1, 1947, |
15 | | 2% of salary.
|
16 | | (c) Each employee contribution made prior to the date when |
17 | | the amount of
widow's annuity for an employee is fixed and each |
18 | | concurrent County
Contribution Credit shall be allocated to the |
19 | | account of and credited to
the employee for whose benefit it is |
20 | | made.
|
21 | | (d) Beginning July 1, 2013, contributions will no longer be |
22 | | allocated for widow's annuity. |
23 | | (Source: Laws 1965, p. 1254.)
|
24 | | (40 ILCS 5/9-219) (from Ch. 108 1/2, par. 9-219)
|
25 | | Sec. 9-219. Computation of service.
|
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1 | | (1) In computing the term of service of an employee prior |
2 | | to the effective
date, the entire period beginning on the date |
3 | | he was first appointed and
ending on the day before the |
4 | | effective date, except any intervening period
during which he |
5 | | was separated by withdrawal from service, shall be counted
for |
6 | | all purposes of this Article.
|
7 | | (2) In computing the term of service of any employee on or |
8 | | after the
effective date, the following periods of time shall |
9 | | be counted as periods
of service for age and service, widow's |
10 | | and child's annuity purposes:
|
11 | | (a) The time during which he performed the duties of |
12 | | his position.
|
13 | | (b) Vacations, leaves of absence with whole or part |
14 | | pay, and leaves of
absence without pay not longer than 90 |
15 | | days.
|
16 | | (c) For an employee who is a member of a county police |
17 | | department or a
correctional officer with the county |
18 | | department of corrections, approved
leaves of absence |
19 | | without pay during which the
employee serves as a full-time |
20 | | officer or employee of an employee
association, the |
21 | | membership of which consists of other participants in the
|
22 | | Fund, provided that the employee contributes to the
Fund |
23 | | (1) the amount that he would have contributed had he |
24 | | remained an active
employee in the position he
occupied at |
25 | | the time the leave of absence was granted, (2) an amount |
26 | | calculated
by the Board representing employer |
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1 | | contributions, and (3) regular interest
thereon from the |
2 | | date of service to the date of payment. However, if the
|
3 | | employee's application to establish credit under this |
4 | | subsection is received
by the Fund on or after July 1, 2002 |
5 | | and before July 1, 2003, the amount
representing employer |
6 | | contributions specified in item (2) shall be waived.
|
7 | | For a former member of a county police department who |
8 | | has received a
refund under Section 9-164, periods during |
9 | | which the employee serves as
head of an employee |
10 | | association, the membership of which consists of other
|
11 | | police officers, provided that the employee contributes to |
12 | | the Fund (1) the
amount that he would have contributed had |
13 | | he remained an active member of
the county police |
14 | | department in the position he occupied at the time he
left |
15 | | service, (2) an amount calculated by the Board representing |
16 | | employer
contributions, and (3) regular interest thereon |
17 | | from the date of service to
the date of payment. However, |
18 | | if the former member of the county police
department |
19 | | retires on or after January 1, 1993 but no later than March |
20 | | 1,
1993, the amount representing employer contributions |
21 | | specified in item (2)
shall be waived.
|
22 | | (d) Any period of disability for which he received |
23 | | disability benefit or
whole or part pay.
|
24 | | (e) Accumulated vacation or other time for which an |
25 | | employee who
retires on or after November 1, 1990 receives |
26 | | a lump sum payment at the
time of retirement, provided that |
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1 | | contributions were made to the fund at
the time such lump |
2 | | sum payment was received. The service granted for the
lump |
3 | | sum payment shall not change the employee's date of |
4 | | withdrawal for
computing the effective date of the annuity.
|
5 | | (f) An employee may receive service credit for annuity |
6 | | purposes for
accumulated sick leave as of the date of the |
7 | | employee's withdrawal from
service, not to exceed a total |
8 | | of 180 days, provided that the amount of
such accumulated |
9 | | sick leave is certified by the County Comptroller to the
|
10 | | Board and the employee pays an amount equal to the current |
11 | | contribution rate for the member's applicable benefit |
12 | | package 8.5% (9% for members
of the County Police |
13 | | Department who are eligible to receive an annuity
under |
14 | | Section 9-128.1) of the amount that would have been paid |
15 | | had such
accumulated sick leave been paid at the employee's |
16 | | final rate of salary.
Such payment shall be made within 30 |
17 | | days after the date of withdrawal and
prior to receipt of |
18 | | the first annuity check. The service credit granted
for |
19 | | such accumulated sick leave shall not change the employee's |
20 | | date of
withdrawal for the purpose of computing the |
21 | | effective date of the annuity.
|
22 | | (3) In computing the term of service of an employee on or |
23 | | after the
effective date for ordinary disability benefit |
24 | | purposes, the following
periods of time shall be counted as |
25 | | periods of service:
|
26 | | (a) Unless otherwise specified in Section 9-157, the |
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1 | | time during which
he performed the duties of his position.
|
2 | | (b) Paid vacations and leaves of absence with whole or |
3 | | part pay.
|
4 | | (c) Any period for which he received duty disability |
5 | | benefit.
|
6 | | (d) Any period of disability for which he received |
7 | | whole or part pay.
|
8 | | (4) For an employee who on January 1, 1958, was transferred |
9 | | by Act
of the 70th General Assembly from his position in a |
10 | | department of welfare
of any city located in the county in |
11 | | which this Article is in force and
effect to a similar position |
12 | | in a department of such county, service shall
also be credited |
13 | | for ordinary disability benefit and child's annuity for
such |
14 | | period of department of welfare service during which period he |
15 | | was a
contributor to a statutory annuity and benefit fund in |
16 | | such city and for
which purposes service credit would otherwise |
17 | | not be credited by virtue of
such involuntary transfer.
|
18 | | (5) An employee described in subsection (e) of Section |
19 | | 9-108 shall receive
credit for child's annuity and ordinary |
20 | | disability benefit for the period of
time for which he was |
21 | | credited with service in the fund from which he was
|
22 | | involuntarily separated through class or group transfer; |
23 | | provided, that no such
credit shall be allowed to the extent |
24 | | that it results in a duplication of
credits or benefits, and |
25 | | neither shall such credit be allowed to the extent
that it was |
26 | | or may be forfeited by the application for and acceptance of a
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1 | | refund from the fund from which the employee was transferred.
|
2 | | (6) Overtime or extra service shall not be included in |
3 | | computing
service. Not more than 1 year of service shall be |
4 | | allowed for service
rendered during any calendar year.
|
5 | | (Source: P.A. 92-599, eff. 6-28-02.)
|
6 | | (40 ILCS 5/9-220) (from Ch. 108 1/2, par. 9-220)
|
7 | | Sec. 9-220. Basis of service credit.
|
8 | | (a) In computing the period of service of any employee for |
9 | | annuity
purposes under Section 9-134, the following provisions |
10 | | shall govern:
|
11 | | (1) All periods prior to the effective date shall be |
12 | | computed in
accordance with the provisions governing the |
13 | | computation of such
service.
|
14 | | (2) Service on or after the effective date shall |
15 | | include:
|
16 | | (i) The actual period of time the employee |
17 | | contributes or has
contributed to the fund for service |
18 | | rendered to age 65 plus the actual
period of time after |
19 | | age 65 for which the employee performs the duties of
|
20 | | his position or performs such duties and is given a |
21 | | county contribution for
age and service annuity or |
22 | | minimum annuity purposes.
|
23 | | (ii) Leaves of absence from duty, or vacation, for |
24 | | which an
employee receives all or part of his salary.
|
25 | | (iii) Accumulated vacation or other time for which |
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1 | | an employee who
retires on or after November 1, 1990 |
2 | | receives a lump sum payment at the
time of retirement, |
3 | | provided that contributions were made to the fund at
|
4 | | the time such lump sum payment was received. The |
5 | | service granted for the
lump sum payment shall not |
6 | | change the employee's date of withdrawal for
computing |
7 | | the effective date of the annuity.
|
8 | | (iv) Accumulated sick leave as of the date of the |
9 | | employee's
withdrawal from service, not to exceed a |
10 | | total of 180 days, provided that
the amount of such |
11 | | accumulated sick leave is certified by the County
|
12 | | Comptroller to the Board and the employee pays an |
13 | | amount equal to the current contribution rate for the |
14 | | member's applicable benefit package 8.5% (9%
for |
15 | | members of the County Police Department who are |
16 | | eligible to receive an
annuity under Section 9-128.1) |
17 | | of the amount that would have been paid had
such |
18 | | accumulated sick leave been paid at the employee's |
19 | | final rate of
salary. Such payment shall be made within |
20 | | 30 days after the date of
withdrawal and prior to |
21 | | receipt of the first annuity check. The service
credit |
22 | | granted for such accumulated sick leave shall not |
23 | | change the
employee's date of withdrawal for the |
24 | | purpose of computing the effective
date of the annuity.
|
25 | | (v) Periods during which the employee has had |
26 | | contributions for
annuity purposes made for him in |
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1 | | accordance with law while on military
leave of absence |
2 | | during World War II.
|
3 | | (vi) Periods during which the employee receives a
|
4 | | disability benefit under this Article. |
5 | | (vii) For any person who first becomes a member on |
6 | | or after January 1, 2011, the actual period of time the |
7 | | employee contributes or has contributed to the fund for |
8 | | service rendered up to the limitation on salary in |
9 | | subsection (b-5) of Section 1-160 plus the actual |
10 | | period of time thereafter for which the employee |
11 | | performs the duties of his position and ceased |
12 | | contributing due to the salary limitation in |
13 | | subsection (b-5) of Section 1-160.
|
14 | | (3) The right to have certain periods of time
|
15 | | considered as service as stated in paragraph (2) of Section |
16 | | 9-164 shall
not apply for annuity purposes unless the |
17 | | refunds shall have been repaid
in accordance with this |
18 | | Article.
|
19 | | (4) All service shall be computed
in whole calendar |
20 | | months, and at least 15 days of service in any one
calendar |
21 | | month shall constitute one calendar month of service, and 1
|
22 | | year of service shall be equal to the number of months, |
23 | | days or hours
for which an appropriation was made in the |
24 | | annual appropriation
ordinance for the position held by the |
25 | | employee.
|
26 | | (b) For all other annuity purposes of this Article the |
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1 | | following
schedule shall govern the computation of a year of |
2 | | service of an
employee whose salary or wages is on the basis |
3 | | stated, and any
fractional part of a year of service shall be |
4 | | determined according to
said schedule:
|
5 | | Annual or Monthly Basis: Service during 4 months in any 1 |
6 | | calendar
year;
|
7 | | Weekly Basis: Service during any 17 weeks of any 1 calendar |
8 | | year, and
service during any week shall constitute a week of |
9 | | service;
|
10 | | Daily Basis: Service during 100 days in any 1 calendar |
11 | | year, and
service during any day shall constitute a day of |
12 | | service;
|
13 | | Hourly Basis: Service during 800 hours in any 1 calendar |
14 | | year, and
service during any hour shall constitute an hour of |
15 | | service.
|
16 | | (Source: P.A. 96-1490, eff. 1-1-11.)
|
17 | | (40 ILCS 5/9-235) (from Ch. 108 1/2, par. 9-235)
|
18 | | Sec. 9-235. Felony conviction.
|
19 | | None of the benefits provided in this Article shall be paid |
20 | | to any
person who is convicted of any felony relating to or |
21 | | arising out of or in
connection with his service as an |
22 | | employee.
|
23 | | This section shall not operate to impair any contract or |
24 | | vested right
heretofore acquired under any law or laws |
25 | | continued in this Article, nor to
preclude the right to a |
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1 | | refund.
|
2 | | All future entrants entering service after July 11, 1955, |
3 | | shall be
deemed to have consented to the provisions of this |
4 | | section as a condition
of coverage.
|
5 | | No refund paid to any person who is convicted of a felony |
6 | | relating to or arising out of or in connection with the |
7 | | person's service as a member shall include employer |
8 | | contributions or interest or, in the case of the self-managed |
9 | | plan authorized under Section 9-170.5, any employer |
10 | | contributions or investment return on employer contributions. |
11 | | (Source: Laws 1963, p. 161.)
|
12 | | (40 ILCS 5/9-240 new) |
13 | | Sec. 9-240. Qualified plan status. No provision of this |
14 | | Article shall be interpreted in a way that would cause the Fund |
15 | | to cease to be a qualified plan under Section 401(a) of the |
16 | | Internal Revenue Code.
|
17 | | (40 ILCS 5/10-103) (from Ch. 108 1/2, par. 10-103)
|
18 | | Sec. 10-103. Members, contributions and benefits. The |
19 | | board shall cause the same deductions to be made
from salaries
|
20 | | and, subject to Section 10-109, allow the same annuities, |
21 | | refunds , and benefits , including, but not limited to, |
22 | | self-managed plan benefits, for employees of the
district as |
23 | | are made and allowed for employees of the county.
|
24 | | (Source: P.A. 95-1036, eff. 2-17-09.)
|
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1 | | (40 ILCS 5/10-109) |
2 | | Sec. 10-109. Felony conviction. None of the benefits |
3 | | provided in this Article shall be paid to any
person who is |
4 | | convicted of any felony relating to or arising out of or in
|
5 | | connection with his service as an employee. |
6 | | This Section shall not operate to impair any contract or |
7 | | vested right
heretofore acquired under any law or laws |
8 | | continued in this Article, nor to
preclude the right to a |
9 | | refund. |
10 | | All future entrants entering service after the effective |
11 | | date of this amendatory Act of the 95th General Assembly shall |
12 | | be
deemed to have consented to the provisions of this Section |
13 | | as a condition
of coverage.
|
14 | | No refund paid to any person who is convicted of a felony |
15 | | relating to or arising out of or in connection with the |
16 | | person's service as a member shall include employer |
17 | | contributions or interest or, in the case of the self-managed |
18 | | plan, any employer contributions or investment return on |
19 | | employer contributions. |
20 | | (Source: P.A. 95-1036, eff. 2-17-09.) |
21 | | (40 ILCS 5/10-110 new) |
22 | | Sec. 10-110. Maximum self-managed plan participation. By |
23 | | January 1, 2013, the Fund shall certify the total active |
24 | | participant population. When the number of participants that |
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1 | | elect the self-managed plan is equal to 20% of the total active |
2 | | participant population, then no participant may elect the |
3 | | self-managed plan. Beginning in 2016 and every 3 years |
4 | | thereafter, the Fund shall recertify the total active |
5 | | participant population and the number of participants in the |
6 | | self-managed plan. If the number of participants in the |
7 | | self-managed plan is less than 20% of the recertified total |
8 | | active participant population, then eligible participants may |
9 | | elect to participate in the self-managed plan. However, |
10 | | participants shall be prohibited from electing to participate |
11 | | once the Fund determines that the number of participants in the |
12 | | self-managed plan is equal to 20% of the number of total active |
13 | | participants in the Fund. |
14 | | (40 ILCS 5/10-111 new) |
15 | | Sec. 10-111. Employer contributions to the self-managed |
16 | | plan. Beginning in fiscal year 2014, for participants electing |
17 | | benefits under the self-managed plan, an employer contribution |
18 | | shall be made each fiscal year in an amount equal to 6% of |
19 | | total pensionable payroll for the respective employee group. |
20 | | (40 ILCS 5/11-123.1 new) |
21 | | Sec. 11-123.1. Reformed benefit package. "Reformed benefit |
22 | | package": The defined benefit retirement program maintained |
23 | | under the Fund for employees who first become participants in |
24 | | the Fund on or after January 1, 2011. |
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1 | | (40 ILCS 5/11-123.2 new) |
2 | | Sec. 11-123.2. Self-managed plan. "Self-managed plan": The |
3 | | defined contribution retirement program maintained under the |
4 | | Fund as described in Section 11-131.2. The self-managed plan |
5 | | shall not include retirement annuities or death, survivor, |
6 | | disability, or insurance benefits that are payable directly |
7 | | from the Fund as provided under this Article. |
8 | | (40 ILCS 5/11-123.3 new) |
9 | | Sec. 11-123.3. Traditional benefit package. "Traditional |
10 | | benefit package": The defined benefit retirement program |
11 | | maintained under the Fund for employees who first became |
12 | | participants in the Fund before January 1, 2011.
|
13 | | (40 ILCS 5/11-124) (from Ch. 108 1/2, par. 11-124)
|
14 | | Sec. 11-124. Annuity.
|
15 | | "Annuity": Equal monthly payments for life, unless |
16 | | terminated earlier under
Section 11-148, 11-152, 11-153, or |
17 | | 11-230.
|
18 | | For annuities taking effect before January 1, 1998, the |
19 | | first payment shall
be due and payable one month after the |
20 | | occurrence of the event upon which
payment of the annuity |
21 | | depends. Until August 1, 1999, payment
shall be made for any |
22 | | part of a monthly period in which death of the annuitant
|
23 | | occurs. Beginning August 1, 1999, all payments shall be made on |
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1 | | the first
day of the calendar month and shall be for the entire |
2 | | calendar month, without
proration. The last payment shall be |
3 | | made on the first day of the calendar
month in which the |
4 | | annuity payment period ends. A pro rata amount shall be
paid |
5 | | for that part of the month from the July 1999 annuity payment |
6 | | date
through July 31, 1999.
|
7 | | For annuities taking effect on or after January 1, 1998,
|
8 | | payments shall be made as of the first day of the calendar |
9 | | month, with the
first payment to be made as of the first day
of |
10 | | the calendar month coincidental with or next following the |
11 | | first day of the
annuity payment period, and the last payment |
12 | | to be made as of the first day of
the calendar month in which |
13 | | the annuity payment
period ends. For annuities taking effect on |
14 | | or after January 1, 1998, all
payments shall be for the entire |
15 | | calendar month, without proration.
|
16 | | For the purposes of this Section, the "annuity payment |
17 | | period" means the
period beginning on the day after the |
18 | | occurrence of the event upon which
payment of the annuity |
19 | | depends, and ending on the day upon which the death of
the |
20 | | annuitant or other event terminating the annuity occurs.
|
21 | | The provisions of this Section do not apply to participants |
22 | | who are participating in the self-managed plan. |
23 | | (Source: P.A. 90-31, eff. 6-27-97; 91-887, eff. 7-6-00.)
|
24 | | (40 ILCS 5/11-131.1 new) |
25 | | Sec. 11-131.1. Benefit accruals on and after July 1, 2013. |
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1 | | (a) Each participating employee under this Article, other |
2 | | than a person who first becomes an employee and a participant |
3 | | on or after January 1, 2011, shall choose which retirement |
4 | | program he or she wishes to participate in with respect to all |
5 | | periods of employment occurring on and after July 1, 2013, |
6 | | except that such participants with more than 5 years of |
7 | | creditable service at the time of such election shall only be |
8 | | eligible to elect one of the retirement programs in paragraphs |
9 | | (1) or (2) of this subsection (a). The retirement program |
10 | | election made by the participating employee must be made no |
11 | | later than January 1, 2013. The participating employee shall |
12 | | elect one of the following retirement programs: |
13 | | (1) the traditional benefit package provided by the |
14 | | Fund; |
15 | | (2) the reformed benefit package provided by the Fund; |
16 | | or |
17 | | (3) the self-managed plan provided by the Fund. |
18 | | (b) A person who first becomes an employee and a |
19 | | participant in the Fund on or after January 1, 2011 shall be |
20 | | given the choice to elect which retirement program he or she |
21 | | wishes to participate in with respect to all periods of covered |
22 | | employment occurring on and after July 1, 2013. The participant |
23 | | shall elect one of the retirement programs provided in |
24 | | paragraph (2) or (3) of subsection (a) of this Section. The |
25 | | participant must make the election (i) by January 1, 2013 or |
26 | | within 6 months after the participant's first day of |
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1 | | employment, whichever is later, and (ii) if applicable, every 3 |
2 | | years thereafter. |
3 | | (c) The participant election authorized by this Section is |
4 | | a one-time, irrevocable election, except that any individual |
5 | | making an election for the retirement program described under |
6 | | paragraph (1) or (2) of subsection (a) shall make an election |
7 | | for a period of 3 years and shall make subsequent elections |
8 | | every 3 years during a 6-month period prescribed by the Fund. |
9 | | The election shall be made in writing, in the manner prescribed |
10 | | by the Fund. Any participant who fails to make the election |
11 | | shall, by default, participate in the benefit program provided |
12 | | under paragraph (2) of subsection (a) of this Section. |
13 | | (d) Participants who have already made an election pursuant |
14 | | to subsection (a) or (b) shall be given the opportunity to make |
15 | | a new election as follows: |
16 | | (1) Each participant in the traditional benefit |
17 | | package provided under paragraph (1) of subsection (a) of |
18 | | this Section shall have the opportunity to elect to |
19 | | terminate participation in the traditional benefit package |
20 | | and to elect to have retirement benefits for future service |
21 | | provided under either the reformed benefit package |
22 | | provided under paragraph (2) of subsection (a) of this |
23 | | Section or the self-managed plan provided under paragraph |
24 | | (3) of subsection (a) of this Section. However, such |
25 | | participants with more than 5 years of creditable service |
26 | | shall be prohibited from electing paragraph (3) of |
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1 | | subsection (a) of this Section. |
2 | | (2) Each participant that has less than 5 years of |
3 | | creditable service and participates in the reformed |
4 | | benefit package provided under paragraph (2) of subsection |
5 | | (a) of this Section shall have the opportunity to elect to |
6 | | terminate participation in the reformed benefit package |
7 | | and to elect to have retirement benefits for future service |
8 | | provided under the self-managed plan provided under |
9 | | paragraph (3) of subsection (a) of this Section. |
10 | | (3) The elections permitted under paragraphs (1) and |
11 | | (2) must be made during a 6-month period in the manner |
12 | | prescribed by the Fund. |
13 | | (e) If a participant with an accrued benefit under the |
14 | | traditional benefit package elects the reformed benefit |
15 | | package, the participant's total accrued benefit for purposes |
16 | | of determining an annuity shall be the sum of (i) the |
17 | | participant's benefit accruals under the traditional benefit |
18 | | package, based on the participant's pay and service under the |
19 | | traditional benefit package and frozen with respect to pay for |
20 | | service earned subsequent to participation under the |
21 | | traditional benefit package and (ii) the participant's benefit |
22 | | accruals based on pay and service under the reformed benefit |
23 | | package. All rights and features provided under the traditional |
24 | | benefit package will be preserved with respect to benefits |
25 | | earned under such package with respect to service completed |
26 | | prior to the election to participate in the reformed benefit |
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1 | | package. All service completed under the Fund shall count for |
2 | | purposes of determining retirement eligibility and vesting |
3 | | under both the traditional benefit package and the reformed |
4 | | benefit package, provided that the vesting requirements of the |
5 | | traditional benefit package shall continue to govern vesting |
6 | | for participants in the reformed benefit package. |
7 | | (f) If a participant with an accrued benefit under the |
8 | | traditional benefit package or the reformed benefit package |
9 | | elects the self-managed plan provided under paragraph (3) of |
10 | | subsection (a) of this Section, the participant's total accrued |
11 | | benefit for purposes of determining an annuity shall be the |
12 | | participant's benefit accruals prior to participation in the |
13 | | self-managed plan, based on the participant's pay and service |
14 | | and frozen with respect to pay for service earned subsequent to |
15 | | participation in the traditional or reformed benefit package. |
16 | | However, the participant shall also have an accrued |
17 | | self-managed plan balance as specified in subsection (h) of |
18 | | Section 11-131.2, for periods of covered employment on or after |
19 | | participation in the self-managed plan. All rights and features |
20 | | provided under the traditional or reformed benefit package will |
21 | | be preserved with respect to benefits earned under such package |
22 | | with respect to service completed prior to the election to |
23 | | participate in the self-managed plan. All service completed |
24 | | under the traditional or reformed benefit package and the |
25 | | self-managed plan shall count for purposes of determining |
26 | | retirement eligibility and vesting under the traditional |
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1 | | benefit package and the self-managed plan. |
2 | | (g) An individual with less than 5 years of creditable |
3 | | service and who is a participant in the Fund but is not a |
4 | | participating employee on January 1, 2013 shall be allowed to |
5 | | elect, based on the eligibility criteria specified in this |
6 | | Code, one of the retirement programs provided in paragraph (1), |
7 | | (2), or (3) of subsection (a) of this Section within 6 months |
8 | | after becoming a participating employee, based on eligibility. |
9 | | An individual with 5 or more years of creditable service |
10 | | and who is a participant in the Fund but is not a participating |
11 | | employee on January 1, 2013 shall be allowed to elect, based on |
12 | | the eligibility criteria specified in this Code, one of the |
13 | | retirement programs provided in paragraph (1) or (2) of |
14 | | subsection (a) of this Section within 6 months after becoming a |
15 | | participating employee, based on eligibility. |
16 | | (40 ILCS 5/11-131.2 new) |
17 | | Sec. 11-131.2. Self-managed plan. |
18 | | (a) Purpose. The Laborers' and Retirement Board Employees' |
19 | | Annuity and Benefit Fund shall establish and administer a |
20 | | self-managed plan, which shall offer members the opportunity to |
21 | | accumulate assets for retirement through a combination of |
22 | | employee and employer contributions that may be invested in |
23 | | mutual funds, collective investment funds, or other investment |
24 | | products and may be used to purchase annuity contracts, either |
25 | | fixed or variable or a combination thereof. The plan must be |
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1 | | qualified under the Internal Revenue Code of 1986. |
2 | | (b) The Laborers' and Retirement Board Employees' Annuity |
3 | | and Benefit Fund shall be the plan sponsor for the self-managed |
4 | | plan and shall prepare a plan document and prescribe such rules |
5 | | and procedures as are considered necessary or desirable for the |
6 | | administration of the self-managed plan. Consistent with its |
7 | | fiduciary duty to the participants and beneficiaries of the |
8 | | self-managed plan, the Board may delegate aspects of plan |
9 | | administration as it sees fit to companies authorized to do |
10 | | business in this State. |
11 | | (c) Selection of service providers and funding vehicles. |
12 | | The Fund may solicit proposals to provide administrative |
13 | | services and funding vehicles for the self-managed plan from |
14 | | insurance and annuity companies and mutual fund companies, |
15 | | banks, trust companies, or other financial institutions |
16 | | authorized to do business in this State. |
17 | | The Fund shall periodically review each approved company. A |
18 | | company may continue to provide administrative services and |
19 | | funding vehicles for the self-managed plan only so long as it |
20 | | continues to be an approved company under contract with the |
21 | | Board. |
22 | | (d) Employee direction. Employees who are participating in |
23 | | the program must be allowed to direct the transfer of their |
24 | | account balances among the various investment options offered, |
25 | | subject to applicable contractual provisions. The employee |
26 | | shall not be deemed a fiduciary by reason of providing such |
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1 | | investment direction. A person who is a fiduciary shall not be |
2 | | liable for any loss resulting from such investment direction |
3 | | and shall not be deemed to have breached any fiduciary duty by |
4 | | acting in accordance with that direction. Neither the Fund nor |
5 | | the employer guarantees any of the investments in the |
6 | | employee's account balances. |
7 | | (e) Participation. An employee eligible to participate in |
8 | | the self-managed plan must make a written election under |
9 | | Section 11-131.1 and the procedures established by the Fund. |
10 | | Participation in the self-managed plan by an electing employee |
11 | | shall begin on the first day of the first pay period following |
12 | | the later of (i) the date the employee's election is filed with |
13 | | the Fund or (ii) July 1, 2013. |
14 | | An employee who has elected to participate in the |
15 | | self-managed plan under this Section must continue |
16 | | participation while employed in an eligible position. |
17 | | Participation in the self-managed plan under this Section shall |
18 | | constitute membership in the Laborers' and Retirement Board |
19 | | Employees' Annuity and Benefit Fund. |
20 | | An employee under this Section shall be entitled to the |
21 | | benefits of Article 20 of this Code. |
22 | | (f) Contributions. The self-managed plan shall be funded by |
23 | | contributions from employees participating in the self-managed |
24 | | plan and employer contributions as provided in this Section. |
25 | | This required contribution shall be made as an "employer |
26 | | pick up" under Section 414(h) of the Internal Revenue Code of |
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1 | | 1986 or any successor Section thereof. In no event shall an |
2 | | employee have an option of receiving these amounts in cash.
The |
3 | | program shall provide for employer contributions to be credited |
4 | | to each self-managed plan participant at a rate of 6% of the |
5 | | participating member's salary. The amounts so credited shall be |
6 | | paid into the employee's self-managed plan account in a manner |
7 | | to be prescribed by the Fund. |
8 | | The employer shall make contributions by the |
9 | | appropriations to the Fund of the employer contributions |
10 | | required for employees who participate in the self-managed plan |
11 | | under this Section. The amount required shall be certified by |
12 | | the Board and paid by the employer in accordance with this |
13 | | Article. The Fund shall not be obligated to remit the required |
14 | | employer contributions to any person or entity until it has |
15 | | received the required employer contributions from the |
16 | | employer. |
17 | | (g) Vesting; withdrawal; return to service. A participant |
18 | | in the self-managed plan becomes vested in the employer |
19 | | contributions credited to his or her account in the |
20 | | self-managed plan on the earliest to occur of the following: |
21 | | (1) completion of 5 years of creditable service; (2) the death |
22 | | of the participant while in active service, if the participant |
23 | | has completed at least 1 1/2 years of service; or (3) the |
24 | | participant's election to retire and apply the reciprocal |
25 | | provisions of Article 20 of this Code. |
26 | | (h) Benefit amounts. If a participant who is vested in |
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1 | | employer contributions terminates employment, the employee |
2 | | shall be entitled to a benefit which is based on the account |
3 | | values attributable to the employer and member contributions |
4 | | and any investment return thereon. |
5 | | If a participant who is not vested in employer |
6 | | contributions terminates employment, the participant shall be |
7 | | entitled to a benefit based solely on the account values |
8 | | attributable to the participant's contributions and any |
9 | | investment return thereon, and the employer contributions and |
10 | | any investment return thereon shall be forfeited. Any employer |
11 | | contributions which are forfeited shall become part of the |
12 | | trust. |
13 | | (40 ILCS 5/11-131.3 new) |
14 | | Sec. 11-131.3. Minimum benefit and allocation provisions. |
15 | | Each participant in the System shall receive a minimum benefit |
16 | | or allocation determined as follows: |
17 | | (1) If the participant is participating in the |
18 | | traditional benefit package provided under paragraph (1) |
19 | | of subsection (a) of Section 11-131.1 of this Code or the |
20 | | revised defined benefit package provided under paragraph |
21 | | (2) of subsection (a) of Section 11-131.1 of this Code, the |
22 | | participant shall receive a minimum benefit (commencing on |
23 | | his or her Social Security retirement age) that is equal to |
24 | | the annual primary insurance amount the participant would |
25 | | have under Social Security. For the purposes of this item |
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1 | | (1), the primary insurance amount a participant would have |
2 | | under Social Security shall be calculated so that the |
3 | | System meets the requirements necessary to be considered a |
4 | | retirement system under Section 3121(b)(7)(F) of the |
5 | | Internal Revenue Code and the regulations in effect |
6 | | thereunder. |
7 | | (2) If the participant is participating in the |
8 | | self-managed plan provided under Section 11-131.2 of this |
9 | | Code, the member shall receive a minimum allocation equal |
10 | | to 7.5% of the participant's compensation for service |
11 | | during the period. All contributions shall be taken into |
12 | | account for this purpose. For the purposes of this |
13 | | paragraph (2), the minimum allocation shall be calculated |
14 | | so that the System meets the requirements necessary to be |
15 | | considered a retirement system under Section 3121(b)(7)(F) |
16 | | of the Internal Revenue Code and the regulations in effect |
17 | | thereunder. |
18 | | (40 ILCS 5/11-131.4 new) |
19 | | Sec. 11-131.4. Employer contributions to the self-managed |
20 | | plan. Beginning in fiscal year 2013, for members electing |
21 | | benefits under paragraph (3) of subsection (a) of Section |
22 | | 11-131.1, an employer contribution shall be made each fiscal |
23 | | year in an amount equal to 6% of total pensionable payroll for |
24 | | the respective employee group.
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1 | | (40 ILCS 5/11-169) (from Ch. 108 1/2, par. 11-169)
|
2 | | Sec. 11-169. Financing; tax levy.
|
3 | | (a) Except as provided in subsection (f) of this Section, |
4 | | the city
council of the city shall levy a tax annually upon all |
5 | | taxable property in the
city at the rate that will produce a |
6 | | sum which, when added to the amounts
deducted from the salaries |
7 | | of the employees or otherwise contributed by them
and the |
8 | | amounts deposited under subsection (f), will be sufficient for |
9 | | the
requirements of this Article. For the years prior to the |
10 | | year 1950 the tax
rate shall be as provided for under "The 1935 |
11 | | Act". Beginning with the year
1950 to and including the year |
12 | | 1969 such tax shall be not more than .036%
annually of the |
13 | | value, as equalized or assessed by the Department of Revenue,
|
14 | | of all taxable property within such city. Beginning with the |
15 | | year 1970 and
each year thereafter the city shall levy a tax |
16 | | annually at a rate on the dollar
of the value, as equalized or |
17 | | assessed by the Department of Revenue
of all taxable property |
18 | | within such city that will
produce, when extended, not to |
19 | | exceed an amount equal to the total
amount of contributions by |
20 | | the employees to the fund
made in the calendar year 2 years |
21 | | prior to the year for which the annual
applicable tax is |
22 | | levied, multiplied by 1.1 for the years 1970, 1971 and
1972; |
23 | | 1.145 for the year 1973; 1.19 for the year 1974; 1.235 for the
|
24 | | year 1975; 1.280 for the year 1976; 1.325 for the year 1977; |
25 | | 1.370
for the years 1978 through 1998; and 1.000 for the years |
26 | | year 1999 through 2012. For 2013
and for each year thereafter , |
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1 | | the amount levied shall be equal to the amount levied in 2010 .
|
2 | | The tax shall be levied and collected in like manner with |
3 | | the general
taxes of the city, and shall be exclusive of and in |
4 | | addition to the
amount of tax the city is now or may hereafter |
5 | | be authorized to levy for
general purposes under any laws which |
6 | | may limit the amount of tax which
the city may levy for general |
7 | | purposes. The county clerk of the county
in which the city is |
8 | | located, in reducing tax levies under the
provisions of any Act |
9 | | concerning the levy and extension of taxes, shall
not consider |
10 | | the tax herein provided for as a part of the general tax
levy |
11 | | for city purposes, and shall not include the same within any
|
12 | | limitation of the per cent of the assessed valuation upon which |
13 | | taxes
are required to be extended for such city.
|
14 | | Revenues derived from such tax shall be paid to the city |
15 | | treasurer of
the city as collected and held by him for the |
16 | | benefit of the fund.
|
17 | | If the payments on account of taxes are insufficient during |
18 | | any year
to meet the requirements of this Article, the city may |
19 | | issue tax
anticipation warrants against the current tax levy.
|
20 | | (b) On or before January 10, annually, the board shall |
21 | | notify the
city council of the requirement of this Article that |
22 | | the tax herein
provided shall be levied for that current year. |
23 | | The board shall compute
the amounts necessary for the purposes |
24 | | of this fund to be credited to
the reserves established and |
25 | | maintained as herein provided, and shall
make an annual |
26 | | determination of the amount of the required city
contributions; |
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1 | | and certify the results thereof to the city council.
|
2 | | (c) In respect to employees of the city who are transferred |
3 | | to the
employment of a park district by virtue of "Exchange of |
4 | | Functions Act of
1957" the corporate authorities of the park |
5 | | district shall annually levy
a tax upon all the taxable |
6 | | property in the park district at such rate
per cent of the |
7 | | value of such property, as equalized or assessed by the
|
8 | | Department of Revenue, as shall be sufficient, when
added to |
9 | | the amounts deducted from their salaries and
otherwise |
10 | | contributed by them, to provide the benefits to which they and
|
11 | | their dependents and beneficiaries are entitled under this |
12 | | Article. The
city shall not levy a tax hereunder in respect to |
13 | | such employees.
|
14 | | The tax so levied by the park district shall be in addition |
15 | | to and
exclusive of all other taxes authorized to be levied by |
16 | | the park
district for corporate, annuity fund, or other |
17 | | purposes. The county
clerk of the county in which the park |
18 | | district is located, in reducing
any tax levied under the |
19 | | provisions of any Act concerning the levy and
extension of |
20 | | taxes shall not consider such tax as part of the general
tax |
21 | | levy for park purposes, and shall not include the same in any
|
22 | | limitation of the per cent of the assessed valuation upon which |
23 | | taxes
are required to be extended for the park district. The |
24 | | proceeds of the
tax levied by the park district, upon receipt |
25 | | by the district, shall be
immediately paid over to the city |
26 | | treasurer of the city for the uses and
purposes of the fund.
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1 | | The various sums to be contributed by the city and |
2 | | allocated for the
purposes of this Article, and any interest to |
3 | | be contributed by the city,
shall be taken from the revenue |
4 | | derived from the taxes authorized in this
Section, and no money |
5 | | of such city derived from any source other than
the levy and |
6 | | collection of those taxes or the sale of tax
anticipation |
7 | | warrants in accordance with the provisions of this Article |
8 | | shall
be used to provide revenue for this Article, except as |
9 | | expressly provided in
this Section.
|
10 | | If it is not possible for the city to make contributions |
11 | | for age and
service annuity and widow's annuity concurrently |
12 | | with the employee's
contributions made for such purposes, such |
13 | | city shall
make such contributions as soon as possible and |
14 | | practicable thereafter
with interest thereon at the effective |
15 | | rate to the time they shall be
made.
|
16 | | (d) With respect to employees whose wages are funded as |
17 | | participants
under the Comprehensive Employment and Training |
18 | | Act of 1973, as amended
(P.L. 93-203, 87 Stat. 839, P.L. |
19 | | 93-567, 88 Stat. 1845), hereinafter
referred to as CETA, |
20 | | subsequent to October 1, 1978, and in instances
where the board |
21 | | has elected to establish a manpower program reserve, the
board |
22 | | shall compute the amounts necessary to be credited to the |
23 | | manpower
program reserves established and maintained as herein |
24 | | provided, and
shall make a periodic determination of the amount |
25 | | of required
contributions from the City to the reserve to be |
26 | | reimbursed by the
federal government in accordance with rules |
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1 | | and regulations established
by the Secretary of the United |
2 | | States Department of Labor or his
designee, and certify the |
3 | | results thereof to the City Council. Any such
amounts shall |
4 | | become a credit to the City and will be used to reduce the
|
5 | | amount which the City would otherwise contribute during |
6 | | succeeding years
for all employees.
|
7 | | (e) In lieu of establishing a manpower program reserve with |
8 | | respect
to employees whose wages are funded as participants |
9 | | under the
Comprehensive Employment and Training Act of 1973, as |
10 | | authorized by
subsection (d), the board may elect to establish |
11 | | a special municipality
contribution rate for all such |
12 | | employees. If this option is elected,
the City shall contribute |
13 | | to the Fund from federal funds provided under
the Comprehensive |
14 | | Employment and Training Act program at the special
rate so |
15 | | established and such contributions shall become a credit to the
|
16 | | City and be used to reduce the amount which the City would |
17 | | otherwise
contribute during succeeding years for all |
18 | | employees.
|
19 | | (f) In lieu of levying all or a portion of the tax required |
20 | | under this
Section in any year, the city may deposit with the |
21 | | city treasurer no later than
March 1 of that year for the |
22 | | benefit of the fund, to be held in accordance with
this |
23 | | Article, an amount that, together with the taxes levied under |
24 | | this Section
for that year, is not less than the amount of the |
25 | | city contributions for that
year as certified by the board to |
26 | | the city council. The deposit may be derived
from any source |
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1 | | legally available for that purpose, including, but not limited
|
2 | | to, the proceeds of city borrowings. The making of a deposit |
3 | | shall satisfy
fully the requirements of this Section for that |
4 | | year to the extent of the
amounts so deposited. Amounts |
5 | | deposited under this subsection may be used by
the fund for any |
6 | | of the purposes for which the proceeds of the tax levied by
the |
7 | | city under this Section may be used, including the payment of |
8 | | any amount
that is otherwise required by this Article to be |
9 | | paid from the proceeds of that
tax.
|
10 | | (Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98.)
|
11 | | (40 ILCS 5/11-170) (from Ch. 108 1/2, par. 11-170)
|
12 | | Sec. 11-170. Contributions for age and service annuities |
13 | | for present
employees, future entrants and re-entrants.
|
14 | | (a) Beginning on the effective date and prior to July 1, |
15 | | 1947, 3
1/4%; and beginning on July 1, 1947 and prior to July |
16 | | 1, 1953, 5%; and
beginning July 1, 1953 and prior to January 1, |
17 | | 1972, 6%; and beginning
January 1, 1972, 6 1/2% of each payment |
18 | | of the salary of each present
employee, future entrant and |
19 | | re-entrant shall be contributed to the fund
as a deduction from |
20 | | salary for age and service annuity. Such deductions
beginning |
21 | | on the effective date and prior to June 30, 1947, inclusive
|
22 | | shall be made for a future entrant while he is in service until |
23 | | he
attains age 65, and for a present employee while he is in |
24 | | service until
the amount so deducted from his salary with |
25 | | interest at the rate of 4%
per annum shall be equal to the sum |
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1 | | which would have accumulated to his
credit from sums deducted |
2 | | from his salary if deductions at the rate
herein stated had |
3 | | been made during his entire service until he attained
age 65 |
4 | | with interest at 4% per annum for the period subsequent to his
|
5 | | attainment of age 65. Such deductions beginning July 1, 1947 |
6 | | shall be
made and continued for employees while in the service.
|
7 | | (b) Concurrently with each employee contribution, the city |
8 | | shall
contribute beginning on the effective date and prior to |
9 | | July 1, 1947, 5
3/4%; and beginning July 1, 1947 and prior to |
10 | | July 1, 1953, 7%; and
beginning July 1, 1953, 6% of each |
11 | | payment of such salary until the
employee attains age 65.
|
12 | | (c) Each employee contribution made prior to the date age |
13 | | and
service annuity for an employee is fixed and each |
14 | | corresponding city
contribution shall be allocated to the |
15 | | account of and credited to the
employee for whose benefit it is |
16 | | made.
|
17 | | (d) Notwithstanding any other provision of this Article, |
18 | | beginning July 1, 2013, all participants shall be required to |
19 | | make the following contributions: |
20 | | (1) Participants who elect the traditional benefit |
21 | | package under paragraph (1) of subsection (a) of Section |
22 | | 11-131.1 of this Code shall contribute: |
23 | | (A) In fiscal year 2014, fiscal year 2015, and |
24 | | fiscal year 2016, an amount equal to 12.75% of salary. |
25 | | (B) In fiscal year 2017 and in each fiscal year |
26 | | thereafter, a percentage of salary equal to the |
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1 | | actuarially determined normal cost of the traditional |
2 | | benefit package, minus an amount equal to 6% of total |
3 | | pensionable salary. The Fund shall certify the |
4 | | actuarially determined normal cost of the traditional |
5 | | benefit package and the amount of required participant |
6 | | contributions by July 1, 2016 and every 3 years |
7 | | thereafter. |
8 | | (2) Participants who elect the reformed benefit |
9 | | package under paragraph (2) of subsection (a) of Section |
10 | | 11-131.1 of this Code shall contribute: |
11 | | (A) In fiscal year 2014, fiscal year 2015, and |
12 | | fiscal year 2016, an amount equal to 7% of salary. |
13 | | (B) In fiscal year 2017 and in each fiscal year |
14 | | thereafter, a percentage of salary equal to the |
15 | | actuarially determined normal cost of the reformed |
16 | | benefit package, minus an amount equal to 6% of total |
17 | | pensionable salary. The Fund shall certify the |
18 | | actuarially determined normal cost of the reformed |
19 | | benefit package and the amount of required participant |
20 | | contributions by July 1, 2016 and every 3 years |
21 | | thereafter. |
22 | | (3) Participants who elect the self-managed plan under |
23 | | paragraph (3) of subsection (a) of Section 11-131.1 of this |
24 | | Code shall contribute a minimum of 6% of salary. |
25 | | Participants who elect the self-managed plan provided |
26 | | under Section 11-131.2 of this Code may elect to increase |
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1 | | their employee contributions in accordance with rules |
2 | | prescribed by the Board. |
3 | | No prior contribution increases or other additional |
4 | | contributions specified by this Section shall apply to any |
5 | | participant for service on or after July 1, 2013. |
6 | | (Source: P.A. 81-1536.)
|
7 | | (40 ILCS 5/11-230) (from Ch. 108 1/2, par. 11-230)
|
8 | | Sec. 11-230. Felony conviction.
|
9 | | None of the benefits provided in this Article shall be paid |
10 | | to any
person who is convicted of any felony relating to or |
11 | | arising out of or in
connection with his service as employee.
|
12 | | This section shall not operate to impair any contract or |
13 | | vested right
heretofore acquired under any law or laws |
14 | | continued in this Article, nor to
preclude the right to a |
15 | | refund.
|
16 | | All future entrants entering service after July 11, 1955, |
17 | | shall be
deemed to have consented to the provisions of this |
18 | | section as a condition
of coverage.
|
19 | | No refund paid to any person who is convicted of a felony |
20 | | relating to or arising out of or in connection with the |
21 | | person's service as an employee shall include employer |
22 | | contributions or interest or, in the case of the self-managed |
23 | | plan authorized under Section 11-131.2, any employer |
24 | | contributions or investment return on employer contributions. |
25 | | (Source: Laws 1963, p. 161.)
|
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1 | | (40 ILCS 5/11-235 new) |
2 | | Sec. 11-235. Qualified plan status. No provision of this |
3 | | Article shall be interpreted in a way that would cause the Fund |
4 | | to cease to be a qualified plan under Section 401(a) of the |
5 | | Internal Revenue Code.
|
6 | | (40 ILCS 5/12-116) (from Ch. 108 1/2, par. 12-116)
|
7 | | Sec. 12-116. Fiscal year.
|
8 | | "Fiscal year": For periods prior to July 1, 2011, the The |
9 | | year commencing with July 1st and ending with June
30th next |
10 | | following. Beginning January 1, 2013, the year commencing |
11 | | January 1 and ending December 31. The fiscal year which begins |
12 | | July 1, 2012 shall end December 31, 2012.
|
13 | | (Source: Laws 1963, p. 161.)
|
14 | | (40 ILCS 5/12-125.2 new) |
15 | | Sec. 12-125.2. Reformed benefit package. "Reformed benefit |
16 | | package": The defined benefit retirement program maintained |
17 | | under the Fund for employees who first become employees in the |
18 | | Fund on or after January 1, 2011. |
19 | | (40 ILCS 5/12-125.3 new) |
20 | | Sec. 12-125.3. Self-managed plan. "Self-managed plan": The |
21 | | defined contribution retirement program maintained under the |
22 | | Fund as described in Section 12-128.2. |
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1 | | (40 ILCS 5/12-125.4 new) |
2 | | Sec. 12-125.4. Traditional benefit package. "Traditional |
3 | | benefit package": The defined benefit retirement program |
4 | | maintained under the Fund for employees who first became |
5 | | employees in the Fund before January 1, 2011. |
6 | | (40 ILCS 5/12-128.1 new) |
7 | | Sec. 12-128.1. Benefit accruals on and after July 1, 2013. |
8 | | (a) Each employee under this Article, other than a person |
9 | | who first becomes an employee on or after January 1, 2011, |
10 | | shall choose which retirement program he or she wishes to |
11 | | participate in with respect to all periods of covered |
12 | | employment occurring on and after July 1, 2013, except that |
13 | | such employees with more than 5 years of creditable service at |
14 | | the time of such election shall only be eligible to elect one |
15 | | of the of the retirement programs in paragraphs (1) or (2) of |
16 | | this subsection (a). The retirement program election made by |
17 | | the employee must be made no later than January 1, 2013. The |
18 | | employee shall elect one of the following retirement programs: |
19 | | (1) the traditional benefit package provided by the |
20 | | Fund; |
21 | | (2) the reformed benefit package provided by the Fund; |
22 | | or |
23 | | (3) the self-managed plan provided by the Fund. |
24 | | (b) A person who first becomes an employee in the Fund on |
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1 | | or after January 1, 2011 shall be given the choice to elect |
2 | | which retirement program he or she wishes to participate in |
3 | | with respect to all periods of employment occurring on and |
4 | | after July 1, 2013. The employee shall elect one of the |
5 | | retirement programs provided in paragraph (2) or (3) of |
6 | | subsection (a) of this Section. The participant must make the |
7 | | election (i) by January 1, 2013 or within 6 months after the |
8 | | employee's first day of covered employment, whichever is later, |
9 | | and (ii) if applicable, every 3 years thereafter. |
10 | | (c) The employee election authorized by this Section is an |
11 | | irrevocable election, except that any individual making an |
12 | | election for the retirement program described under paragraph |
13 | | (1) or (2) of subsection (a) shall make an election for a |
14 | | period of 3 years and shall make subsequent elections every 3 |
15 | | years during a 6-month period prescribed by the Fund. The |
16 | | election shall be made in writing, in the manner prescribed by |
17 | | the Fund. Any participant who fails to make the election shall, |
18 | | by default, participate in the benefit program provided under |
19 | | paragraph (2) of subsection (a) of this Section. |
20 | | (d) Employees who have already made an election pursuant to |
21 | | subsection (a) or (b) shall be given the opportunity to make a |
22 | | new election as follows: |
23 | | (1) Each employee in the traditional benefit package |
24 | | provided under paragraph (1) of subsection (a) of this |
25 | | Section shall have the opportunity to elect to terminate |
26 | | participation in the traditional benefit package and to |
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1 | | elect to have retirement benefits for future service |
2 | | provided under either the reformed benefit package |
3 | | provided under paragraph (2) of subsection (a) of this |
4 | | Section or the self-managed plan provided under paragraph |
5 | | (3) of subsection (a) of this Section. However, such |
6 | | participants with more than 5 years of creditable service |
7 | | shall be prohibited from electing paragraph (3) of |
8 | | subsection (a) of this Section. |
9 | | (2) Each employee that has less than 5 years of |
10 | | creditable service and participates in the reformed |
11 | | benefit package provided under paragraph (2) of subsection |
12 | | (a) of this Section shall have the opportunity to elect to |
13 | | terminate participation in the reformed benefit package |
14 | | and to elect to have retirement benefits for future service |
15 | | provided under the self-managed plan provided under |
16 | | paragraph (3) of subsection (a) of this Section. |
17 | | (3) The elections permitted under paragraphs (1) and |
18 | | (2) must be made during a 6-month period in the manner |
19 | | prescribed by the Fund. |
20 | | (e) If an employee with an accrued benefit under the |
21 | | traditional benefit package elects the reformed benefit |
22 | | package, the employee's total accrued benefit for purposes of |
23 | | determining an annuity shall be the sum of (i) the employee's |
24 | | benefit accruals under the traditional benefit package, based |
25 | | on the employee's pay and service under the traditional benefit |
26 | | package and frozen with respect to pay for service earned |
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1 | | subsequent to participation under the traditional benefit |
2 | | package and (ii) the employee's benefit accruals based on pay |
3 | | and service under the reformed benefit package. All rights and |
4 | | features provided under the traditional benefit package will be |
5 | | preserved with respect to benefits earned under such package |
6 | | with respect to service completed prior to the election to |
7 | | participate in the reformed benefit package. All service |
8 | | completed under the Fund shall count for purposes of |
9 | | determining retirement eligibility and vesting under both the |
10 | | traditional benefit package and the reformed benefit package, |
11 | | provided that the vesting requirements of the traditional |
12 | | benefit package shall continue to govern vesting for employees |
13 | | in the reformed benefit package. |
14 | | (f) If an employee with an accrued benefit under the |
15 | | traditional benefit package or the reformed benefit package |
16 | | elects the self-managed plan provided under paragraph (3) of |
17 | | subsection (a) of this Section, the employee's total accrued |
18 | | benefit for purposes of determining an annuity shall be the |
19 | | employee's benefit accruals prior to participation in the |
20 | | self-managed plan, based on the employee's pay and service and |
21 | | frozen with respect to pay for service earned subsequent to |
22 | | participation in the traditional or reformed benefit package. |
23 | | However, the employee shall also have an accrued self-managed |
24 | | plan balance as specified in subsection (h) of Section |
25 | | 12-128.2, for periods of covered employment on or after |
26 | | participation in the self-managed plan. All rights and features |
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1 | | provided under the traditional benefit package must be |
2 | | preserved with respect to benefits earned under that package |
3 | | with respect to service completed prior to the election to |
4 | | participate in the self-managed plan. All service completed |
5 | | under the traditional benefit package and the self-managed plan |
6 | | shall count for purposes of determining retirement eligibility |
7 | | and vesting under the traditional benefit package and the |
8 | | self-managed plan. |
9 | | (g) An individual with less than 5 years of creditable |
10 | | service and who is a participant in the Fund but is not a |
11 | | participating employee on January 1, 2013 shall be allowed to |
12 | | elect, based on the eligibility criteria specified in this |
13 | | Code, one of the retirement programs provided in paragraph (1), |
14 | | (2), or (3) of subsection (a) of this Section within 6 months |
15 | | after becoming an employee, based on eligibility. |
16 | | An individual with 5 or more years of creditable service |
17 | | and who is a participant in the Fund but is not a participating |
18 | | employee on January 1, 2013 shall be allowed to elect, based on |
19 | | the eligibility criteria specified in this Code, one of the |
20 | | retirement programs provided in paragraph (1) or (2) of |
21 | | subsection (a) of this Section within 6 months after becoming |
22 | | an employee, based on eligibility. |
23 | | (40 ILCS 5/12-128.2 new) |
24 | | Sec. 12-128.2. Self-managed plan. |
25 | | (a) Purpose. The Park Employees' and Retirement Board |
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1 | | Employees' Annuity and Benefit Fund shall establish and |
2 | | administer a self-managed plan, which shall offer employees the |
3 | | opportunity to accumulate assets for retirement through a |
4 | | combination of employee and employer contributions that may be |
5 | | invested in mutual funds, collective investment funds, or other |
6 | | investment products and may be used to purchase annuity |
7 | | contracts, either fixed or variable or a combination thereof. |
8 | | The plan must be qualified under the Internal Revenue Code of |
9 | | 1986. |
10 | | (b) The Park Employees' and Retirement Board Employees' |
11 | | Annuity and Benefit Fund shall be the plan sponsor for the |
12 | | self-managed plan and shall prepare a plan document and |
13 | | prescribe such rules and procedures as are considered necessary |
14 | | or desirable for the administration of the self-managed plan. |
15 | | Consistent with its fiduciary duty to the participants and |
16 | | beneficiaries of the self-managed plan, the Board of Trustees |
17 | | of the Fund may delegate aspects of plan administration as it |
18 | | sees fit to companies authorized to do business in this State. |
19 | | (c) Selection of service providers and funding vehicles. |
20 | | The Fund may solicit proposals to provide administrative |
21 | | services and funding vehicles for the self-managed plan from |
22 | | insurance and annuity companies and mutual fund companies, |
23 | | banks, trust companies, or other financial institutions |
24 | | authorized to do business in this State. |
25 | | The Fund shall periodically review each approved company. A |
26 | | company may continue to provide administrative services and |
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1 | | funding vehicles for the self-managed plan only so long as it |
2 | | continues to be an approved company under contract with the |
3 | | Board. |
4 | | (d) Employee direction. Employees who are participating in |
5 | | the program must be allowed to direct the transfer of their |
6 | | account balances among the various investment options offered, |
7 | | subject to applicable contractual provisions. The employee |
8 | | shall not be deemed a fiduciary by reason of providing such |
9 | | investment direction. A person who is a fiduciary shall not be |
10 | | liable for any loss resulting from such investment direction |
11 | | and shall not be deemed to have breached any fiduciary duty by |
12 | | acting in accordance with that direction. Neither the Fund nor |
13 | | the employer guarantees any of the investments in the |
14 | | employee's account balances. |
15 | | (e) Participation. An employee eligible to participate in |
16 | | the self-managed plan must make a written election under |
17 | | Section 12-128.1 and the procedures established by the Fund. |
18 | | Participation in the self-managed plan by an electing employee |
19 | | shall begin on the first day of the first pay period following |
20 | | the date the employee's election is filed with the Fund. |
21 | | An employee who has elected to participate in the |
22 | | self-managed plan under this Section must continue |
23 | | participation while employed in an eligible position. |
24 | | Participation in the self-managed plan under this Section shall |
25 | | constitute membership in the Park Employees' and Retirement |
26 | | Board Employees' Annuity and Benefit Fund. |
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1 | | An employee under this Section shall be entitled to the |
2 | | benefits of Article 20 of this Code. |
3 | | (f) Contributions. The self-managed plan shall be funded by |
4 | | contributions from employees participating in the self-managed |
5 | | plan and employer contributions as provided in this Section. |
6 | | This required contribution shall be made as an "employer |
7 | | pick up" under Section 414(h) of the Internal Revenue Code of |
8 | | 1986 or any successor Section thereof. In no event shall a |
9 | | employee have an option of receiving these amounts in cash.
The |
10 | | program shall provide for employer contributions to be credited |
11 | | to each self-managed plan participant at a rate of 6% of the |
12 | | participating employee's salary, less the amount used by the |
13 | | Fund to provide disability benefits for the employee. The |
14 | | amounts so credited shall be paid into the employee's |
15 | | self-managed plan account in a manner to be prescribed by the |
16 | | Fund. |
17 | | The required amount of employer contributions shall be used |
18 | | for the purpose of providing the disability benefits of the |
19 | | Fund to the employee. Prior to the beginning of each plan year |
20 | | under the self-managed plan, the Board of Trustees shall |
21 | | determine, as a percentage of salary, the amount of employer |
22 | | contributions to be allocated during that plan year for |
23 | | providing disability benefits for employees in the |
24 | | self-managed plan. |
25 | | The employer shall make contributions to the Fund of the |
26 | | employer contributions required for employees who participate |
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1 | | in the self-managed plan under this Section. The amount |
2 | | required shall be certified by the Board and paid by the |
3 | | employer in accordance with this Article. The Fund shall not be |
4 | | obligated to remit the required employer contributions to any |
5 | | person or entity until it has received the required employer |
6 | | contributions from the employer. |
7 | | (g) Vesting; withdrawal; return to service. An employee in |
8 | | the self-managed plan becomes vested in the employer |
9 | | contributions credited to his or her account in the |
10 | | self-managed plan on the earliest to occur of the following: |
11 | | (1) completion of 5 years of creditable service; (2) the death |
12 | | of the employee while in active service, if the employee has |
13 | | completed at least 1 1/2 years of service; or (3) the |
14 | | employee's election to retire and apply the reciprocal |
15 | | provisions of Article 20 of this Code. |
16 | | (h) Benefit amounts. If an employee who is vested in |
17 | | employer contributions terminates employment, the employee |
18 | | shall be entitled to a benefit which is based on the account |
19 | | values attributable to employer and employee contributions and |
20 | | any investment return thereon. |
21 | | If an employee who is not vested in employer contributions |
22 | | terminates employment, the employee shall be entitled to a |
23 | | benefit based solely on the account values attributable to the |
24 | | employee's contributions and any investment return thereon, |
25 | | and the employer contributions and any investment return |
26 | | thereon shall be forfeited. Any employer contributions which |
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1 | | are forfeited shall become part of the trust. |
2 | | (40 ILCS 5/12-128.3 new) |
3 | | Sec. 12-128.3. Employer contributions to the self-managed |
4 | | plan. Beginning in fiscal year 2014, for members electing |
5 | | benefits under paragraph (3) of subsection (a) of Section |
6 | | 12-128.1, an employer contribution shall be made each fiscal |
7 | | year in an amount equal to (i) 6% of total pension payroll for |
8 | | the respective employee group and (ii) an amount determined by |
9 | | the Fund to be sufficient to fund the disability plan provided |
10 | | in this Article.
|
11 | | (40 ILCS 5/12-149)
(from Ch. 108 1/2, par. 12-149)
|
12 | | Sec. 12-149. Financing. The board of park commissioners of |
13 | | any such
park district shall annually levy a tax (in addition |
14 | | to the taxes now
authorized by law) upon all taxable property |
15 | | embraced in the district,
at the rate which, when added to the |
16 | | employee contributions under this
Article and applied to the |
17 | | fund created
hereunder, shall be sufficient to provide for the |
18 | | purposes of this
Article in accordance with the provisions |
19 | | thereof. Such tax shall be
levied and collected with and in |
20 | | like manner as the general taxes of
such district, and shall |
21 | | not in any event be included within any
limitations of rate for |
22 | | general park purposes as now or hereafter
provided by law, but |
23 | | shall be excluded therefrom and be in addition
thereto. The |
24 | | amount of such annual tax to and including the year 1977
shall |
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1 | | not exceed .0275% of the value, as equalized or assessed by the
|
2 | | Department of Revenue, of all taxable property embraced
within |
3 | | the park district, provided that for the year 1978, and for |
4 | | each
year thereafter, the amount of such annual tax shall be at |
5 | | a rate on the
dollar of assessed valuation of all taxable |
6 | | property that will produce,
when extended, for the year 1978 |
7 | | the following sum: 0.825 times the
amount of employee |
8 | | contributions during the fiscal year 1976; for the
year 1979, |
9 | | 0.85 times the amount of employee contributions during the
|
10 | | fiscal year 1977; for the year 1980, 0.90 times the amount of |
11 | | employee
contributions during the fiscal year 1978; for the |
12 | | year 1981, 0.95 times
the amount of employee contributions |
13 | | during the fiscal year 1979; for the year
1982, 1.00 times the |
14 | | amount of employee contributions during the fiscal year
1980; |
15 | | for the year 1983, 1.05 times the amount of contributions made |
16 | | on behalf
of employees during the fiscal year 1981; and for the |
17 | | years year 1984 through 2012 and each year
thereafter , an |
18 | | amount equal to 1.10 times the employee contributions during |
19 | | the
fiscal year 2-years prior to the year for which the |
20 | | applicable tax is levied. Beginning in 2012 and in each fiscal |
21 | | year thereafter, the amount levied shall be equal to the amount |
22 | | levied in 2010.
As used in this Section, the term "employee |
23 | | contributions" means contributions
by employees for retirement |
24 | | annuity, spouse's annuity, automatic increase in
retirement |
25 | | annuity, and death benefit.
|
26 | | In respect to park district employees, other than |
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1 | | policemen, who are
transferred to the employment of a city by |
2 | | virtue of the "Exchange of
Functions Act of 1957", the |
3 | | corporate authorities of the city shall
annually levy a tax |
4 | | upon all taxable property embraced in the city, as
equalized or |
5 | | assessed by the Department of Revenue, at such rate per
cent of |
6 | | the value of such property as shall be sufficient, when added
|
7 | | to the amounts deducted from the salary or wages of such |
8 | | employees, to
provide the benefits to which such employees, |
9 | | their dependents and
beneficiaries are entitled under the |
10 | | provisions of this Article. The
park district shall not levy a |
11 | | tax hereunder in respect to such
employees. The tax levied by |
12 | | the city under authority of this Article
shall be in addition |
13 | | to and exclusive of all other taxes authorized by
law to be |
14 | | levied by the city for corporate, annuity fund or other
|
15 | | purposes.
|
16 | | All moneys accruing from the levy and collection of taxes, |
17 | | pursuant
to this section, shall be remitted to the board by the |
18 | | employers as soon
as they are received. Where a city has levied |
19 | | a tax pursuant to this
Section in respect to park district |
20 | | employees transferred to the
employment of a city, the |
21 | | treasurer of such city or other authorized
officer shall remit |
22 | | the moneys accruing from the levy and collection of
such tax as |
23 | | soon as they are received. Such remittances shall be made
upon |
24 | | a pro rata share basis, whereby each employer shall pay to the
|
25 | | board such employer's proportionate percentage of each payment |
26 | | of taxes
received by it, according to the ratio which its tax |
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1 | | levy for this fund
bears to the total tax levy of such |
2 | | employer.
|
3 | | Should any board of park commissioners included under the |
4 | | provisions
of this Article be without authority to levy the tax |
5 | | provided in this
Section the corporation authorities (meaning |
6 | | the supervisor, clerk and
assessor) of the town or towns for |
7 | | which such board shall be the board
of park commissioners shall |
8 | | levy such tax.
|
9 | | Employer contributions to the Fund may be reduced by |
10 | | $5,000,000 for
calendar years 2004 and 2005.
|
11 | | (Source: P.A. 93-654, eff. 1-16-04.)
|
12 | | (40 ILCS 5/12-150) (from Ch. 108 1/2, par. 12-150)
|
13 | | Sec. 12-150. Contributions by employees for service
|
14 | | annuity. |
15 | | (a) From each payment of salary to a present employee |
16 | | beginning
August 4, 1961, and prior to September 1, 1971, there |
17 | | shall be deducted
as contributions for service annuity 6% of |
18 | | such payment. Beginning
September 1, 1971, the deduction shall |
19 | | be 6 1/2% of salary. These
contributions shall continue until |
20 | | the amounts thus deducted will
provide an accumulation, at |
21 | | regular interest, at least equal to the
amount that would be |
22 | | provided on such date from employee contributions,
assuming |
23 | | regular interest to such date, if such employee had been
|
24 | | contributing in accordance with the provisions of "The 1919 |
25 | | Act" and
this Article from the beginning of his service and the |
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1 | | salary of the
employee during his prior service was the same as |
2 | | it was on July 1,
1919, or on July 1, 1937 in the case of an |
3 | | employee of the board.
|
4 | | (b) From each payment of salary to a future entrant |
5 | | beginning August
4, 1961, and prior to September 1, 1971, there |
6 | | shall be deducted as
contributions for service annuity 6% of |
7 | | such payment. Beginning
September 1, 1971, the deduction shall |
8 | | be 6 1/2% of salary.
Beginning January 1, 1990, the deduction |
9 | | shall be 7% of salary.
|
10 | | (c) For service rendered prior to August 4, 1961, the rates |
11 | | of
contribution by employees for service annuity shall be as |
12 | | follows: July
1, 1919 to July 20, 1947, inclusive, 4% of |
13 | | salary; July 21, 1947 to
August 3, 1961, inclusive, 5% of |
14 | | salary.
|
15 | | For the period from July 1, 1919, to August 4, 1961 such |
16 | | deductions
for a present employee shall continue until such |
17 | | date as the amounts
deducted will provide an accumulation at |
18 | | least equal to that which would
be provided on such date, |
19 | | assuming regular interest to such date, from
deductions from |
20 | | salary of such employee if such employee had been under
the |
21 | | provisions of "The 1919 Act" and this Article from the |
22 | | beginning of
his service and the salary of such employee during |
23 | | his period of prior
service was the same as it was on July 1, |
24 | | 1919 or on July 1, 1937 in the
case of an employee of the board.
|
25 | | (d) Any employee shall have the option to contribute for |
26 | | service
annuity an amount, together with regular interest, |
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1 | | equal to the
difference between the amount he had accumulated |
2 | | in the fund on June 30,
1947, from contributions at the rate of |
3 | | 4% of salary, together with
regular interest, and the amount he |
4 | | would have accumulated, together
with regular interest, if he |
5 | | had made contributions at the rate of 5% of
salary. All such |
6 | | contributions shall be subject to salary limitations
and other |
7 | | conditions in effect prior to July 1, 1947. Upon making such
|
8 | | contribution the employer of such employee shall contribute in |
9 | | the ratio
of 2 to 1 with such employee.
|
10 | | (e) Notwithstanding any other provision of this Article, |
11 | | beginning July 1, 2013, all employees shall be required to make |
12 | | the following contributions: |
13 | | (1) Employees who elect the traditional benefit |
14 | | package under paragraph (1) of subsection (a) of Section |
15 | | 12-128.1 of this Code shall contribute: |
16 | | (A) In fiscal year 2014, fiscal year 2015, and |
17 | | fiscal year 2016, an amount equal to 12.75% of salary. |
18 | | (B) In fiscal year 2017 and in each fiscal year |
19 | | thereafter, a percentage of salary equal to the |
20 | | actuarially determined normal cost of the traditional |
21 | | benefit package, minus an amount equal to 6% of total |
22 | | pensionable salary. The Fund shall certify the |
23 | | actuarially determined normal cost of the traditional |
24 | | benefit package and the amount of required participant |
25 | | contributions by July 1, 2016 and every 3 years |
26 | | thereafter. |
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1 | | (2) Employees who elect the reformed benefit package |
2 | | under paragraph (2) of subsection (a) of Section 12-128.1 |
3 | | of this Code shall contribute: |
4 | | (A) In fiscal year 2014, fiscal year 2015, and |
5 | | fiscal year 2016, an amount equal to 7% of salary. |
6 | | (B) In fiscal year 2017 and in each fiscal year |
7 | | thereafter, a percentage of salary equal to the |
8 | | actuarially determined normal cost of the reformed |
9 | | benefit package, minus an amount equal to 6% of total |
10 | | pensionable salary. The Fund shall certify the |
11 | | actuarially determined normal cost of the reformed |
12 | | benefit package and the amount of required participant |
13 | | contributions by July 1, 2016 and every 3 years |
14 | | thereafter. |
15 | | (3) Employees who elect the self-managed plan under |
16 | | paragraph (3) of subsection (a) of Section 12-128.1 of this |
17 | | Code shall contribute a minimum of 6% of salary. |
18 | | Participants who elect the self-managed plan provided |
19 | | under Section 12-128.2 of this Code may elect to increase |
20 | | their employee contributions in accordance with rules |
21 | | prescribed by the Board. |
22 | | No prior contribution increases or other additional |
23 | | contributions specified by this Section shall apply to any |
24 | | employee for service on or after July 1, 2013. |
25 | | (Source: P.A. 86-272.)
|
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1 | | (40 ILCS 5/12-151.3 new) |
2 | | Sec. 12-151.3. Minimum benefit and allocation provisions. |
3 | | Each participant in the System shall receive a minimum benefit |
4 | | or allocation determined as follows: |
5 | | (1) If the participant is participating in the |
6 | | traditional benefit package provided under paragraph (1) |
7 | | of subsection (a) of Section 12-128.1 of this Code or the |
8 | | revised defined benefit package provided under paragraph |
9 | | (2) of subsection (a) of Section 12-128.1 of this Code, the |
10 | | participant shall receive a minimum benefit (commencing on |
11 | | his or her Social Security retirement age) that is equal to |
12 | | the annual primary insurance amount the participant would |
13 | | have under Social Security. For the purposes of this item |
14 | | (1), the primary insurance amount a participant would have |
15 | | under Social Security shall be calculated so that the |
16 | | System meets the requirements necessary to be considered a |
17 | | retirement system under Section 3121(b)(7)(F) of the |
18 | | Internal Revenue Code and the regulations in effect |
19 | | thereunder. |
20 | | (2) If the participant is participating in the |
21 | | self-managed plan provided under Section 12-128.2 of this |
22 | | Code, the member shall receive a minimum allocation equal |
23 | | to 7.5% of the participant's compensation for service |
24 | | during the period. All contributions shall be taken into |
25 | | account for this purpose. For the purposes of this |
26 | | paragraph (2), the minimum allocation shall be calculated |
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1 | | so that the System meets the requirements necessary to be |
2 | | considered a retirement system under Section 3121(b)(7)(F) |
3 | | of the Internal Revenue Code and the regulations in effect |
4 | | thereunder.
|
5 | | (40 ILCS 5/12-167) (from Ch. 108 1/2, par. 12-167)
|
6 | | Sec. 12-167. To keep records, books and prepare reports.
|
7 | | To keep a record of all its proceedings which shall be open |
8 | | to
inspection by the public; to keep such books and records as |
9 | | are necessary
for the transaction of its business; and to |
10 | | prepare a report, as of the last day June 30
of each fiscal |
11 | | year, setting forth the income and disbursements of the fund |
12 | | for
the year, and the amount of its assets and liabilities at |
13 | | the close of the
year. Such statement shall include, among |
14 | | other things, the following
information:
|
15 | | (a) the total of the reserves on all annuities being paid |
16 | | and to be paid
from the fund to employees and widows whose |
17 | | annuities are determined but
not entered upon, calculating such |
18 | | reserves as if the annuities were
actually entered upon;
|
19 | | (b) the total of the liabilities of the employer for prior |
20 | | service
annuities and widow's prior service annuities, |
21 | | including the present values
of such annuities that are entered |
22 | | upon.
|
23 | | (Source: Laws 1963, p. 161.)
|
24 | | (40 ILCS 5/12-168) (from Ch. 108 1/2, par. 12-168)
|
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1 | | Sec. 12-168. To have an audit.
|
2 | | To have an annual audit of the books, records and reserves |
3 | | of the fund
as of the last day of each fiscal June 30th, in each |
4 | | year, by a certified public accountant. A copy of
the report of |
5 | | such audit shall be filed with the board of park
commissioners, |
6 | | and a synopsis thereof shall be prepared for public
|
7 | | distribution.
|
8 | | (Source: Laws 1963, p. 161.)
|
9 | | (40 ILCS 5/12-169) (from Ch. 108 1/2, par. 12-169)
|
10 | | Sec. 12-169. To appoint employees.
|
11 | | To appoint such actuarial, legal, medical, clerical and |
12 | | other employees
as may be necessary in the administration of |
13 | | the fund and fix their
compensation.
|
14 | | One or more actuaries shall be employed with duty to |
15 | | determine the
amount of money necessary to be provided under |
16 | | this Article, and to assist
the board in preparing the annual |
17 | | statement as of the last day June 30 of each fiscal year, and
|
18 | | to certify to the correctness thereof.
|
19 | | (Source: Laws 1963, p. 161.)
|
20 | | (40 ILCS 5/12-183) (from Ch. 108 1/2, par. 12-183)
|
21 | | Sec. 12-183. Annual actuarial valuation.
|
22 | | An actuarial valuation shall be made annually of the |
23 | | liabilities and
reserves for present and prospective annuities |
24 | | and benefits, and beginning January 1, 2013
July 1, 1973 a |
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1 | | general investigation shall be made and shall be completed
|
2 | | every 5 years thereafter of the operating experience of the |
3 | | fund as to
mortality, disability, retirement, marital status of |
4 | | employees, withdrawal
from service without right to annuity, |
5 | | investment earnings and other
factors of actuarial criteria.
|
6 | | Upon the basis of the annual actuarial valuation and |
7 | | quinquennial
actuarial investigations, the actuary shall |
8 | | recommend the tables to be used
in the annual valuations and in |
9 | | current operations including the prescribed
rate of interest, |
10 | | and shall advise the board on any matters of actuarial
|
11 | | character affecting the financial condition of the fund and its |
12 | | operations.
|
13 | | (Source: P.A. 78-266.)
|
14 | | (40 ILCS 5/12-190.3) (from Ch. 108 1/2, par. 12-190.3)
|
15 | | Sec. 12-190.3. Fraud. Any person who knowingly makes any |
16 | | false
statement or falsifies or permits to be falsified any |
17 | | record of this Fund
in any attempt to defraud the Fund is |
18 | | guilty of a Class A misdemeanor.
|
19 | | None of the benefits provided for in this Article shall be |
20 | | paid to any person who is convicted of any misdemeanor or |
21 | | felony relating to or arising out of or in connection with any |
22 | | attempt to defraud the Fund. |
23 | | This Section shall not operate to impair any contract or |
24 | | vested right previously acquired under any law or laws |
25 | | continued in this Article, nor to preclude the right to a |
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1 | | refund. |
2 | | No refund paid to any person who is convicted of a felony |
3 | | relating to or arising out of or in connection with the |
4 | | person's service as an employee shall include employer |
5 | | contributions or interest or, in the case of the self-managed |
6 | | plan authorized under Section 12-128.2, any employer |
7 | | contributions or investment return on employer contributions. |
8 | | (Source: P.A. 96-1466, eff. 8-20-10.)
|
9 | | (40 ILCS 5/12-193.5 new) |
10 | | Sec. 12-193.5. Qualified plan status. No provision of this |
11 | | Article shall be interpreted in a way that would cause the Fund |
12 | | to cease to be a qualified plan under Section 401(a) of the |
13 | | Internal Revenue Code.
|
14 | | (40 ILCS 5/14-103.10) (from Ch. 108 1/2, par. 14-103.10)
|
15 | | Sec. 14-103.10. Compensation.
|
16 | | (a) For periods of service prior to January 1, 1978, the |
17 | | full rate of salary
or wages payable to an employee for |
18 | | personal services performed if he worked
the full normal |
19 | | working period for his position, subject to the following
|
20 | | maximum amounts: (1) prior to July 1, 1951, $400 per month or |
21 | | $4,800 per year;
(2) between July 1, 1951 and June 30, 1957 |
22 | | inclusive, $625 per month or $7,500
per year; (3) beginning |
23 | | July 1, 1957, no limitation.
|
24 | | In the case of service of an employee in a position |
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1 | | involving
part-time employment, compensation shall be |
2 | | determined according to the
employees' earnings record.
|
3 | | (b) For periods of service on and after January 1, 1978, |
4 | | all
remuneration for personal services performed defined as |
5 | | "wages" under
the Social Security Enabling Act, including that |
6 | | part of such
remuneration which is in excess of any maximum |
7 | | limitation provided in
such Act, and including any benefits |
8 | | received by an employee under a sick
pay plan in effect before |
9 | | January 1, 1981, but excluding lump sum salary
payments:
|
10 | | (1) for vacation,
|
11 | | (2) for accumulated unused sick leave,
|
12 | | (3) upon discharge or dismissal,
|
13 | | (4) for approved holidays.
|
14 | | (c) For periods of service on or after December 16, 1978, |
15 | | compensation
also includes any benefits, other than lump sum |
16 | | salary payments made at
termination of employment, which an |
17 | | employee receives or is eligible to
receive under a sick pay |
18 | | plan authorized by law.
|
19 | | (d) For periods of service after September 30, 1985, |
20 | | compensation also
includes any remuneration for personal |
21 | | services not included as "wages"
under the Social Security |
22 | | Enabling Act, which is deducted for purposes of
participation |
23 | | in a program established pursuant to Section 125 of the
|
24 | | Internal Revenue Code or its successor laws.
|
25 | | (e) For members for which Section 14-108.2f 1-160 applies |
26 | | for periods of service on and after January 1, 2011, all |
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1 | | remuneration for personal services performed defined as |
2 | | "wages" under the Social Security Enabling Act, excluding |
3 | | remuneration that is in excess of the annual earnings, salary, |
4 | | or wages of a member or participant, as provided in subsection |
5 | | (b-5) of Section 1-160, but including any benefits received by |
6 | | an employee under a sick pay plan in effect before January 1, |
7 | | 1981.
Compensation shall exclude lump sum salary payments: |
8 | | (1) for vacation; |
9 | | (2) for accumulated unused sick leave; |
10 | | (3) upon discharge or dismissal; and |
11 | | (4) for approved holidays. |
12 | | (Source: P.A. 96-1490, eff. 1-1-11.)
|
13 | | (40 ILCS 5/14-108.2d new) |
14 | | Sec. 14-108.2d. Benefit accruals on and after July 1, 2013. |
15 | | (a) Except for members covered under paragraphs (1), (2), |
16 | | (6), (9), and (16) of subsection (b) of Section 14-110 and |
17 | | members covered under paragraph (5) of Section 14-110 who are |
18 | | sworn police officers, each member under this Article, other |
19 | | than a person who first becomes an employee and a member on or |
20 | | after January 1, 2011, shall elect which retirement program he |
21 | | or she wishes to participate in with respect to all periods of |
22 | | membership service occurring on and after July 1, 2013. The |
23 | | retirement program election made by the member must be made (i) |
24 | | no later than July 1, 2013 in accordance with rules prescribed |
25 | | by the Board, and (ii) if applicable, every 3 years thereafter. |
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1 | | The member shall elect one of the following retirement |
2 | | programs: |
3 | | (1) the traditional benefit package provided by the |
4 | | System prior to Public Act 96-889; |
5 | | (2) the revised benefit package provided by the System |
6 | | under Section 14-108.2f; or |
7 | | (3) the self-managed plan provided by the System under |
8 | | Section 14-108.2e. |
9 | | (b) A person who first becomes a member of the System on or |
10 | | after January 1, 2011 shall elect which retirement program he |
11 | | or she wishes to participate in with respect to all periods of |
12 | | membership service occurring on and after July 1, 2013. The |
13 | | member shall elect one of the retirement programs provided in |
14 | | paragraph (2) or (3) of subsection (a) of this Section. The |
15 | | member must make that election (i) by July 1, 2013 or within 6 |
16 | | months after the member's first day of employment, whichever is |
17 | | later, and (ii) if applicable, every 3 years thereafter. |
18 | | (c) The member election authorized by this Section is an |
19 | | irrevocable election, except that any individual making an |
20 | | election for the retirement program described under paragraph |
21 | | (1) or (2) of subsection (a) shall make an election for a |
22 | | period of 3 years and shall make subsequent elections during a |
23 | | 6-month period prescribed by the System. The election shall be |
24 | | made in the manner prescribed by the System. Any member who |
25 | | fails to make the initial election shall, by default, |
26 | | participate in the revised benefit package provided under |
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1 | | paragraph (2) of subsection (a) of this Section. |
2 | | (d) Members who have already made an election pursuant to |
3 | | subsection (a) or (b) shall be given the opportunity to make a |
4 | | new election as follows: |
5 | | (1) each member in the traditional benefit package |
6 | | provided under paragraph (1) of subsection (a) of this |
7 | | Section shall have the opportunity to elect to terminate |
8 | | participation in the traditional benefit package and to |
9 | | elect to have retirement benefits for future service |
10 | | provided under either the revised benefit package provided |
11 | | under paragraph (2) of subsection (a) of this Section or |
12 | | the self-managed plan provided under paragraph (3) of |
13 | | subsection (a) of this Section; |
14 | | (2) each member in the revised benefit package provided |
15 | | under paragraph (2) of subsection (a) of this Section shall |
16 | | have the opportunity to elect to terminate participation in |
17 | | the revised benefit package and to elect to have retirement |
18 | | benefits for future service provided under the |
19 | | self-managed plan provided under paragraph (3) of |
20 | | subsection (a) of this Section; and |
21 | | (3) the elections permitted under paragraphs (1) and |
22 | | (2) must be made during a 6-month period in the manner |
23 | | prescribed by the system. |
24 | | (e) If a member with an accrued benefit under the |
25 | | traditional benefit package provided by the System prior to |
26 | | Public Act 96-889 elects the revised benefit package provided |
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1 | | under paragraph (2) of subsection (a) of this Section, the |
2 | | member's total accrued benefit for purposes of determining an |
3 | | annuity shall be the sum of (i) the member's benefit accruals |
4 | | before the effective date of the election, based on the |
5 | | member's final average compensation and service as of the |
6 | | effective date of the election and frozen on such date, and |
7 | | (ii) the member's benefit accruals based on final average |
8 | | compensation and service on or after the effective date of the |
9 | | election, as modified by the rules provided in Section |
10 | | 14-108.2f. All rights and features provided under the |
11 | | traditional benefit package will be preserved with respect to |
12 | | benefits earned under such package with respect to service |
13 | | completed prior to the election to participate in the revised |
14 | | benefit package. Furthermore, the member shall be entitled to |
15 | | the benefit of the survivor's annuity provided under Section |
16 | | 14-108.2f. All service completed under the System shall count |
17 | | for purposes of determining retirement eligibility and vesting |
18 | | under both the traditional benefit package and the revised |
19 | | benefit package. |
20 | | (f) If a member with an accrued benefit under the |
21 | | traditional benefit package or revised benefit package elects |
22 | | the self-managed plan provided under paragraph (3) of |
23 | | subsection (a) of this Section, the member's total accrued |
24 | | benefit for purposes of determining an annuity shall be the |
25 | | member's benefit accruals before the effective date of the |
26 | | election, based on the member's final average compensation and |
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1 | | service as of the effective date of the election and frozen on |
2 | | such date. However, the member shall also have an accrued |
3 | | self-managed plan benefit as specified in subsection (g) of |
4 | | Section 14-108.2e, for periods of service on or after the |
5 | | effective date of the election. All rights and features |
6 | | provided under the traditional benefit package will be |
7 | | preserved with respect to benefits earned under such package |
8 | | with respect to service completed prior to the election to |
9 | | participate in the self-managed plan. All service completed |
10 | | under the System shall count for purposes of determining |
11 | | retirement eligibility and vesting under the traditional |
12 | | benefit package, the revised benefit package, and the |
13 | | self-managed plan. |
14 | | (g) An individual who is a member in the System, but is not |
15 | | an employee as of July 1, 2013, shall elect, based on the |
16 | | eligibility criteria specified in this Article, one of the 3 |
17 | | retirement programs provided under paragraphs (1), (2), or (3) |
18 | | of subsection (a) of this Section within 6 months after |
19 | | becoming an employee. |
20 | | (40 ILCS 5/14-108.2e new) |
21 | | Sec. 14-108.2e. Self-managed plan. |
22 | | (a) The Illinois State Board of Investment created under |
23 | | Article 22A of this Code shall establish and administer a |
24 | | self-managed plan on behalf of the retirement system |
25 | | established under this Article. The plan shall offer |
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1 | | participating employees the opportunity to accumulate assets |
2 | | for retirement through a combination of employee and employer |
3 | | contributions that may be invested in mutual funds, collective |
4 | | investment funds, or other investment products and may be used |
5 | | to purchase annuity contracts that are fixed, variable, or a |
6 | | combination thereof. The plan must be qualified under the |
7 | | Internal Revenue Code of 1986. The plan shall not include the |
8 | | retirement annuities, widows annuities, survivors annuities, |
9 | | death benefits, or refunds provided under this Article. |
10 | | (b) The Illinois State Board of Investment shall be the |
11 | | plan sponsor for the self-managed plan and shall prepare a plan |
12 | | document and prescribe the rules and procedures that are |
13 | | necessary or desirable for the administration of the |
14 | | self-managed plan. |
15 | | (c) An employee eligible to participate in the self-managed |
16 | | plan must make a written election in accordance with the by the |
17 | | retirement system. Participation in the self-managed plan by an |
18 | | electing employee shall begin on the beginning of the month |
19 | | following the date the employee's election is filed with the |
20 | | retirement system, but in no case prior to July 1, 2013. |
21 | | (d) Employees who are participating in the program must be |
22 | | allowed to direct the transfer of their account balances among |
23 | | the various investment options offered, subject to applicable |
24 | | contractual provisions. The participant shall not be deemed a |
25 | | fiduciary by reason of providing investment direction. A person |
26 | | who is a fiduciary, including the plan sponsor, shall not be |
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1 | | liable for any loss resulting from the investment direction of |
2 | | the employee and shall not be deemed to have breached any |
3 | | fiduciary duty by acting in accordance with that direction. The |
4 | | retirement system, the Illinois State Board of Investment, and |
5 | | the employer do not guarantee any of the investments in the |
6 | | employee's account balances. |
7 | | (e) The self-managed plan shall be funded by contributions |
8 | | pursuant to salary reduction agreements for employees |
9 | | participating in the self-managed plan and employer |
10 | | contributions as provided in Section 14-131.1 of this Code. |
11 | | Employees may make additional contributions to the |
12 | | self-managed plan in accordance with the procedures prescribed |
13 | | by the plan sponsor, to the extent permitted under rules |
14 | | prescribed by the plan sponsor. Employee and employer |
15 | | contributions shall be paid into the participants' |
16 | | self-managed plan accounts in a manner to be prescribed by the |
17 | | plan sponsor. |
18 | | (f) A participant in the self-managed plan becomes vested |
19 | | in the employer contributions credited to his or her accounts |
20 | | in the self-managed plan on the earliest to occur of the |
21 | | following: (1) completion of 5 years of service with an |
22 | | employer covered by Article 14 of this Code or (2) if the |
23 | | participant has completed at least 1 1/2 years of service, the |
24 | | death of the participating employee while employed by an |
25 | | employer covered by Article 14 of this Code. |
26 | | (g) If an employee who is vested in employer contributions |
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1 | | terminates employment, the employee shall be entitled to a |
2 | | benefit that is based on the account values attributable to |
3 | | both employer and employee contributions and any investment |
4 | | return on those contributions. If an employee who is not vested |
5 | | in employer contributions terminates employment, the employee |
6 | | shall be entitled to a benefit based solely on the account |
7 | | values attributable to the employee's contributions and any |
8 | | investment return on those contributions, and the employer |
9 | | contributions and any investment return on those contributions |
10 | | shall be forfeited. Any employer contributions that are |
11 | | forfeited shall be held in escrow by the company investing |
12 | | those contributions and shall be used as directed by the System |
13 | | for future allocations of employer contributions. |
14 | | The employee contribution shall be made as an "employer |
15 | | pick up" under Section 414(h) of the Internal Revenue Code of |
16 | | 1986 or any successor Section thereof. In no event shall an |
17 | | employee have an option of receiving these amounts in cash, and |
18 | | payment of the employee contribution shall be a condition of |
19 | | employment. The employee contribution shall be deducted from |
20 | | the employee's compensation in the amount specified by |
21 | | subparagraph (F) of paragraph (7) of subsection (a) of Section |
22 | | 14-133, unless the employer agrees to pick up and pay the |
23 | | employee contribution in addition to the employee's |
24 | | compensation, pursuant to Section 14-133.1. |
25 | | The program shall provide for employer contributions to be |
26 | | credited to each self-managed plan participant at a rate of 6% |
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1 | | of the participating member's compensation. The amounts so |
2 | | credited shall be paid into the member's self-managed plan |
3 | | account in a manner to be prescribed by the System. The program |
4 | | shall also provide for employer contributions to be used by the |
5 | | System to provide disability benefits for the participant. |
6 | | Prior to the beginning of each plan year under the self-managed |
7 | | plan, the Board of Trustees shall determine, as a percentage of |
8 | | compensation, the amount of employer contributions to be |
9 | | allocated during that plan year for providing disability |
10 | | benefits for members in the self-managed plan. |
11 | | The State of Illinois shall make contributions by |
12 | | appropriations to the System of the employer contributions |
13 | | required for employees who participate in the self-managed plan |
14 | | under this Section. The amount required shall be certified by |
15 | | the Board of Trustees of the System and paid by the State in |
16 | | accordance with Section 14-131. The System shall not be |
17 | | obligated to remit the required employer contributions to any |
18 | | person or entity until it has received the required employer |
19 | | contributions from the State. |
20 | | A member under this Section shall be entitled to the |
21 | | benefits of Article 20 of this Code. |
22 | | (40 ILCS 5/14-108.2f new) |
23 | | Sec. 14-108.2f. Revised benefit package. |
24 | | (a) The provisions of this Section apply to a person who, |
25 | | on or after January 1, 2011, first becomes an employee under |
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1 | | this Article, and any member who elects this benefit package |
2 | | pursuant to Section 14-108.2d, but do not apply to the |
3 | | self-managed plan established under this Article. |
4 | | (b) "Final average compensation" means the average annual |
5 | | compensation obtained by dividing the total compensation |
6 | | calculated under the Article applicable to the member during |
7 | | the 8 consecutive years of service within the last 10 years of |
8 | | service in which the total compensation calculated under this |
9 | | Article was the highest by the number of years of service in |
10 | | that period. |
11 | | (b-5) For all purposes under this Article (including |
12 | | without limitation the calculation of benefits and employee |
13 | | contributions and contributions by the State of Illinois under |
14 | | subsection (a) of Section 14-131.1 with respect to the revised |
15 | | benefit package), the annual compensation of a member shall not |
16 | | exceed $106,800; however, that amount shall annually |
17 | | thereafter be increased by the lesser of (i) 3% of that amount, |
18 | | including all previous adjustments, or (ii) one-half the annual |
19 | | unadjusted percentage increase (but not less than zero) in the |
20 | | consumer price index-u for the 12 months ending with the |
21 | | September preceding each November 1, including all previous |
22 | | adjustments. |
23 | | For the purposes of this Section, "consumer price index-u" |
24 | | means the index published by the Bureau of Labor Statistics of |
25 | | the United States Department of Labor that measures the average |
26 | | change in prices of goods and services purchased by all urban |
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1 | | consumers, United States city average, all items, 1982-84 =100. |
2 | | The new amount resulting from each annual adjustment shall be |
3 | | determined by the Public Pension Division of the Department of |
4 | | Insurance and made available to the boards of the retirement |
5 | | systems and pension funds by November 1 of each year. |
6 | | Beginning on July 1, 2013, the maximum annual compensation |
7 | | amount shall be adjusted to $110,100, as adjusted for periods |
8 | | after 2012 based on the methodology and formula used to |
9 | | calculate annual increases in wages under 42 U.S.C. Section |
10 | | 415(a) for purposes of computing benefits and adjusting wages |
11 | | under the federal Social Security program. Each year thereafter |
12 | | on January 1, this amount shall be adjusted based on the |
13 | | methodology and formula used to calculate annual increases in |
14 | | wages under 42 U.S.C. Section 415(a) for purposes of computing |
15 | | benefits and adjusting wages under the federal Social Security |
16 | | program. |
17 | | (c) A member is entitled to a retirement annuity upon |
18 | | written application if he or she has attained age 67 and has at |
19 | | least 10 years of service credit and is otherwise eligible |
20 | | under the requirements of this Article. A member who has |
21 | | attained age 62 and has at least 10 years of service credit and |
22 | | is otherwise eligible under the requirements of this Article |
23 | | may elect to receive the lower retirement annuity provided in |
24 | | subsection (d) of this Section. |
25 | | (d) The retirement annuity of a member who is retiring |
26 | | after attaining age 62 with at least 10 years of service credit |
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1 | | shall be reduced by one-half of 1% for each full month that the |
2 | | member's age is under age 67. |
3 | | (e) Any retirement annuity shall be subject to annual |
4 | | increases on the January 1 occurring either on or after the |
5 | | attainment of age 67 or the first anniversary of the annuity |
6 | | start date, whichever is later. Each annual increase shall be |
7 | | calculated at 3% or one-half the annual unadjusted percentage |
8 | | increase (but not less than zero) in the consumer price index-u |
9 | | for the 12 months ending with the September preceding each |
10 | | November 1, whichever is less, of the originally granted |
11 | | retirement annuity. If the annual unadjusted percentage change |
12 | | in the consumer price index-u for the 12 months ending with the |
13 | | September preceding each November 1 is zero or there is a |
14 | | decrease, then the annuity shall not be increased. |
15 | | (f) The initial survivor's annuity of an otherwise eligible |
16 | | survivor of a retired member shall be in the amount of 66 2/3% |
17 | | of the retired member's retirement annuity at the date of |
18 | | death. In the case of the death of a member who has not retired |
19 | | and, eligibility for a survivor's or widow's annuity shall be |
20 | | determined by this Article. The initial benefit shall be 66 |
21 | | 2/3% of the earned annuity without a reduction due to age. Any |
22 | | survivor's annuity shall be increased (1) on each January 1 |
23 | | occurring on or after the commencement of the annuity if the |
24 | | deceased member died while receiving a retirement annuity or |
25 | | (2) in other cases, on each January 1 occurring after the first |
26 | | anniversary of the commencement of the annuity. Each annual |
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1 | | increase shall be calculated at 3% or one-half the annual |
2 | | unadjusted percentage increase (but not less than zero) in the |
3 | | consumer price index-u for the 12 months ending with the |
4 | | September preceding each November 1, whichever is less, of the |
5 | | originally granted survivor's annuity. If the annual |
6 | | unadjusted percentage change in the consumer price index-u for |
7 | | the 12 months ending with the September preceding each November |
8 | | 1 is zero or there is a decrease, then the annuity shall not be |
9 | | increased. |
10 | | (g) If a person who first becomes an employee on or after |
11 | | January 1, 2011 is receiving a retirement annuity and becomes a |
12 | | member or participant under any other system or fund created by |
13 | | this Code and is employed on a full-time basis, then the |
14 | | person's retirement annuity shall be suspended during that |
15 | | employment. Upon termination of that employment, the person's |
16 | | retirement annuity payments shall resume and be recalculated. |
17 | | (h) The benefits in Section 14-110 apply only if the person |
18 | | is a State policeman, a fire fighter in the fire protection |
19 | | service of a department, or a security employee of the |
20 | | Department of Corrections or the Department of Juvenile |
21 | | Justice, as those terms are defined in subsection (b) of |
22 | | Section 14-110. A person who meets the requirements of this |
23 | | Section is entitled to an annuity calculated under the |
24 | | provisions of Section 14-110, in lieu of the regular or minimum |
25 | | retirement annuity, only if the person has withdrawn from |
26 | | service with not less than 20 years of eligible creditable |
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1 | | service and has attained age 60, regardless of whether the |
2 | | attainment of age 60 occurs while the person is still in |
3 | | service. |
4 | | (i) Notwithstanding any other provision of this Section, a |
5 | | participant in the revised benefit package provided by this |
6 | | Section shall have the option to enroll in the self-managed |
7 | | plan created under Section 14-108.2e. |
8 | | (40 ILCS 5/14-109.1 new) |
9 | | Sec. 14-109.1. Minimum benefit and allocation provisions. |
10 | | Each noncovered member participating in the System shall |
11 | | receive a minimum benefit or allocation for service on or after |
12 | | July 1, 2013 determined as follows: |
13 | | (1) If the noncovered member is participating in the |
14 | | traditional benefit package provided under paragraph (1) of |
15 | | subsection (a) of Section 14-108.2d of this Code or the revised |
16 | | benefit package provided under paragraph (2) of subsection (a) |
17 | | of Section 14-108.2d of this Code, the employee shall receive a |
18 | | minimum benefit (commencing on his or her Social Security |
19 | | retirement age) for the employee's period of service covered by |
20 | | each such defined benefit package that is equal to the annual |
21 | | primary insurance amount the employee would have under Social |
22 | | Security for such period of service. For the purposes of this |
23 | | item (1), the primary insurance amount an individual would have |
24 | | under Social Security shall be calculated so that the System |
25 | | meets the requirements necessary to be considered a retirement |
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1 | | system under Section 3121(b)(7)(F) of the Internal Revenue Code |
2 | | and the regulations in effect thereunder. |
3 | | (2) If the noncovered member is participating in the |
4 | | self-managed plan provided under Section 14-108.2e of this |
5 | | Code, the member shall receive a minimum allocation equal to |
6 | | 7.5% of the member's compensation for service during the |
7 | | period. All contributions shall be taken into account for this |
8 | | purpose. For the purposes of this paragraph (2), the minimum |
9 | | allocation shall be calculated so that the System meets the |
10 | | requirements necessary to be considered a retirement system |
11 | | under Section 3121(b)(7)(F) of the Internal Revenue Code and |
12 | | the regulations in effect thereunder.
|
13 | | (40 ILCS 5/14-131)
|
14 | | Sec. 14-131. Contributions by State.
|
15 | | (a) The State shall make contributions to the System by |
16 | | appropriations of
amounts which, together with other employer |
17 | | contributions from trust, federal,
and other funds, employee |
18 | | contributions, investment income, and other income,
will be |
19 | | sufficient to meet the cost of maintaining and administering |
20 | | the System
on a 90% funded basis in accordance with actuarial |
21 | | recommendations.
|
22 | | For the purposes of this Section and Section 14-135.08, |
23 | | references to State
contributions refer only to employer |
24 | | contributions and do not include employee
contributions that |
25 | | are picked up or otherwise paid by the State or a
department on |
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1 | | behalf of the employee.
|
2 | | (b) The Board shall determine the total amount of State |
3 | | contributions
required for each fiscal year on the basis of the |
4 | | actuarial tables and other
assumptions adopted by the Board, |
5 | | using the formula in subsection (e).
|
6 | | The Board shall also determine a State contribution rate |
7 | | for each fiscal
year, expressed as a percentage of payroll, |
8 | | based on the total required State
contribution for that fiscal |
9 | | year (less the amount received by the System from
|
10 | | appropriations under Section 8.12 of the State Finance Act and |
11 | | Section 1 of the
State Pension Funds Continuing Appropriation |
12 | | Act, if any, for the fiscal year
ending on the June 30 |
13 | | immediately preceding the applicable November 15
certification |
14 | | deadline), the estimated payroll (including all forms of
|
15 | | compensation) for personal services rendered by eligible |
16 | | employees, and the
recommendations of the actuary.
|
17 | | For the purposes of this Section and Section 14.1 of the |
18 | | State Finance Act,
the term "eligible employees" includes |
19 | | employees who participate in the System,
persons who may elect |
20 | | to participate in the System but have not so elected,
persons |
21 | | who are serving a qualifying period that is required for |
22 | | participation,
and annuitants employed by a department as |
23 | | described in subdivision (a)(1) or
(a)(2) of Section 14-111.
|
24 | | (c) Contributions shall be made by the several departments |
25 | | for each pay
period by warrants drawn by the State Comptroller |
26 | | against their respective
funds or appropriations based upon |
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1 | | vouchers stating the amount to be so
contributed. These amounts |
2 | | shall be based on the full rate certified by the
Board under |
3 | | Section 14-135.08 for that fiscal year.
From the effective date |
4 | | of this amendatory Act of the 93rd General
Assembly through the |
5 | | payment of the final payroll from fiscal year 2004
|
6 | | appropriations, the several departments shall not make |
7 | | contributions
for the remainder of fiscal year 2004 but shall |
8 | | instead make payments
as required under subsection (a-1) of |
9 | | Section 14.1 of the State Finance Act.
The several departments |
10 | | shall resume those contributions at the commencement of
fiscal |
11 | | year 2005.
|
12 | | (c-1) Notwithstanding subsection (c) of this Section, for |
13 | | fiscal years 2010 and 2012 only, contributions by the several |
14 | | departments are not required to be made for General Revenue |
15 | | Funds payrolls processed by the Comptroller. Payrolls paid by |
16 | | the several departments from all other State funds must |
17 | | continue to be processed pursuant to subsection (c) of this |
18 | | Section. |
19 | | (c-2) For State fiscal years 2010 and 2012 only, on or as |
20 | | soon as possible after the 15th day of each month, the Board |
21 | | shall submit vouchers for payment of State contributions to the |
22 | | System, in a total monthly amount of one-twelfth of the fiscal |
23 | | year General Revenue Fund contribution as certified by the |
24 | | System pursuant to Section 14-135.08 of the Illinois Pension |
25 | | Code. |
26 | | (d) If an employee is paid from trust funds or federal |
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1 | | funds, the
department or other employer shall pay employer |
2 | | contributions from those funds
to the System at the certified |
3 | | rate, unless the terms of the trust or the
federal-State |
4 | | agreement preclude the use of the funds for that purpose, in
|
5 | | which case the required employer contributions shall be paid by |
6 | | the State.
From the effective date of this amendatory
Act of |
7 | | the 93rd General Assembly through the payment of the final
|
8 | | payroll from fiscal year 2004 appropriations, the department or |
9 | | other
employer shall not pay contributions for the remainder of |
10 | | fiscal year
2004 but shall instead make payments as required |
11 | | under subsection (a-1) of
Section 14.1 of the State Finance |
12 | | Act. The department or other employer shall
resume payment of
|
13 | | contributions at the commencement of fiscal year 2005.
|
14 | | (e) For State fiscal years 2014 2012 through 2045, the |
15 | | minimum contribution
to the System to be made by the State for |
16 | | each fiscal year shall be an amount equal to the sum of (i) the
|
17 | | contribution determined under Section 14-131.1, plus (ii) an |
18 | | amount
determined by the System to be sufficient to bring the |
19 | | total assets of the
System up to 90% of the total actuarial |
20 | | liabilities of the System by the end
of State fiscal year 2045. |
21 | | In making the these determinations under item (ii) of this |
22 | | subsection (e), for State fiscal years 2017 through 2045 , the |
23 | | required State
contribution shall be calculated each year as a |
24 | | level percentage of revenue provided by the individual income |
25 | | tax, sales tax, and corporate income tax assuming a 2.3% |
26 | | average annual growth rate in these revenues based on the most |
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1 | | recent fiscal year's actual revenues as reported by the |
2 | | Commission on Government Forecasting and Accountability |
3 | | payroll
over the years remaining to and including fiscal year |
4 | | 2045 and shall be
determined under the projected unit credit |
5 | | actuarial cost method.
|
6 | | Notwithstanding any other provision of this Article, for |
7 | | For State fiscal years 2014 1996 through 2016 2005 , the State |
8 | | contribution to
the System under item (ii) of this subsection |
9 | | (e) , as a percentage of State revenue from the individual |
10 | | income tax, sales tax, and corporate income tax the applicable |
11 | | employee payroll , shall be
increased in equal annual increments |
12 | | so that by State fiscal year 2017 2011 , the
State is |
13 | | contributing at the rate required under this Section . |
14 | | For State fiscal years 2014 through 2045, the total State |
15 | | contribution required in each fiscal year under this subsection |
16 | | (e) must not be less than 100% of the prior fiscal year's |
17 | | actual or required contribution, whichever is greater. |
18 | | Notwithstanding any other provision of this Article, the |
19 | | total required State contribution for this System for State |
20 | | fiscal year 2013 shall be $1,697,411,761. |
21 | | For ; except that
(i) for State fiscal year 1998, for all |
22 | | purposes of this Code and any other
law of this State, the |
23 | | certified percentage of the applicable employee payroll
shall |
24 | | be 5.052% for employees earning eligible creditable service |
25 | | under Section
14-110 and 6.500% for all other employees, |
26 | | notwithstanding any contrary
certification made under Section |
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1 | | 14-135.08 before the effective date of this
amendatory Act of |
2 | | 1997 . In , and (ii)
in the following specified State fiscal |
3 | | years, the State contribution to
the System shall not be less |
4 | | than the following indicated percentages of the
applicable |
5 | | employee payroll, even if the indicated percentage will produce |
6 | | a
State contribution in excess of the amount otherwise required |
7 | | under this
subsection and subsection (a):
9.8% in FY 1999;
|
8 | | 10.0% in FY 2000;
10.2% in FY 2001;
10.4% in FY 2002;
10.6% in |
9 | | FY 2003; and
10.8% in FY 2004.
|
10 | | Notwithstanding any other provision of this Article, the |
11 | | total required State
contribution to the System for State |
12 | | fiscal year 2006 is $203,783,900.
|
13 | | Notwithstanding any other provision of this Article, the |
14 | | total required State
contribution to the System for State |
15 | | fiscal year 2007 is $344,164,400.
|
16 | | For each of State fiscal years 2008 through 2009, the State |
17 | | contribution to
the System, as a percentage of the applicable |
18 | | employee payroll, shall be
increased in equal annual increments |
19 | | from the required State contribution for State fiscal year |
20 | | 2007, so that by State fiscal year 2011, the
State is |
21 | | contributing at the rate otherwise required under this Section.
|
22 | | Notwithstanding any other provision of this Article, the |
23 | | total required State General Revenue Fund contribution for |
24 | | State fiscal year 2010 is $723,703,100 and shall be made from |
25 | | the proceeds of bonds sold in fiscal year 2010 pursuant to |
26 | | Section 7.2 of the General Obligation Bond Act, less (i) the |
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1 | | pro rata share of bond sale expenses determined by the System's |
2 | | share of total bond proceeds, (ii) any amounts received from |
3 | | the General Revenue Fund in fiscal year 2010, and (iii) any |
4 | | reduction in bond proceeds due to the issuance of discounted |
5 | | bonds, if applicable. |
6 | | Notwithstanding any other provision of this Article, the
|
7 | | total required State General Revenue Fund contribution for
|
8 | | State fiscal year 2011 is the amount recertified by the System |
9 | | on or before April 1, 2011 pursuant to Section 14-135.08 and |
10 | | shall be made from
the proceeds of bonds sold in fiscal year |
11 | | 2011 pursuant to
Section 7.2 of the General Obligation Bond |
12 | | Act, less (i) the
pro rata share of bond sale expenses |
13 | | determined by the System's
share of total bond proceeds, (ii) |
14 | | any amounts received from
the General Revenue Fund in fiscal |
15 | | year 2011, and (iii) any
reduction in bond proceeds due to the |
16 | | issuance of discounted
bonds, if applicable. |
17 | | Beginning in State fiscal year 2046, the minimum State |
18 | | contribution shall be an amount equal to the contribution |
19 | | determined under Section 14-131.1, plus an amount sufficient |
20 | | for
each fiscal year shall be the amount needed to maintain the |
21 | | total assets of
the System at 90% of the total actuarial |
22 | | liabilities of the System.
|
23 | | Amounts received by the System pursuant to Section 25 of |
24 | | the Budget Stabilization Act or Section 8.12 of the State |
25 | | Finance Act in any fiscal year do not reduce and do not |
26 | | constitute payment of any portion of the minimum State |
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1 | | contribution required under this Article in that fiscal year. |
2 | | Such amounts shall not reduce, and shall not be included in the |
3 | | calculation of, the required State contributions under this |
4 | | Article in any future year until the System has reached a |
5 | | funding ratio of at least 90%. A reference in this Article to |
6 | | the "required State contribution" or any substantially similar |
7 | | term does not include or apply to any amounts payable to the |
8 | | System under Section 25 of the Budget Stabilization Act.
|
9 | | Notwithstanding any other provision of this Section, the |
10 | | required State
contribution for State fiscal year 2005 and for |
11 | | fiscal year 2008 and each fiscal year thereafter until fiscal |
12 | | year 2013 , as
calculated under this Section and
certified under |
13 | | Section 14-135.08, shall not exceed an amount equal to (i) the
|
14 | | amount of the required State contribution that would have been |
15 | | calculated under
this Section for that fiscal year if the |
16 | | System had not received any payments
under subsection (d) of |
17 | | Section 7.2 of the General Obligation Bond Act, minus
(ii) the |
18 | | portion of the State's total debt service payments for that |
19 | | fiscal
year on the bonds issued in fiscal year 2003 for the |
20 | | purposes of that Section 7.2, as determined
and certified by |
21 | | the Comptroller, that is the same as the System's portion of
|
22 | | the total moneys distributed under subsection (d) of Section |
23 | | 7.2 of the General
Obligation Bond Act. In determining this |
24 | | maximum for State fiscal years 2008 through 2010, however, the |
25 | | amount referred to in item (i) shall be increased, as a |
26 | | percentage of the applicable employee payroll, in equal |
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1 | | increments calculated from the sum of the required State |
2 | | contribution for State fiscal year 2007 plus the applicable |
3 | | portion of the State's total debt service payments for fiscal |
4 | | year 2007 on the bonds issued in fiscal year 2003 for the |
5 | | purposes of Section 7.2 of the General
Obligation Bond Act, so |
6 | | that, by State fiscal year 2011, the
State is contributing at |
7 | | the rate otherwise required under this Section.
|
8 | | (f) After the submission of all payments for eligible |
9 | | employees
from personal services line items in fiscal year 2004 |
10 | | have been made,
the Comptroller shall provide to the System a |
11 | | certification of the sum
of all fiscal year 2004 expenditures |
12 | | for personal services that would
have been covered by payments |
13 | | to the System under this Section if the
provisions of this |
14 | | amendatory Act of the 93rd General Assembly had not been
|
15 | | enacted. Upon
receipt of the certification, the System shall |
16 | | determine the amount
due to the System based on the full rate |
17 | | certified by the Board under
Section 14-135.08 for fiscal year |
18 | | 2004 in order to meet the State's
obligation under this |
19 | | Section. The System shall compare this amount
due to the amount |
20 | | received by the System in fiscal year 2004 through
payments |
21 | | under this Section and under Section 6z-61 of the State Finance |
22 | | Act.
If the amount
due is more than the amount received, the |
23 | | difference shall be termed the
"Fiscal Year 2004 Shortfall" for |
24 | | purposes of this Section, and the
Fiscal Year 2004 Shortfall |
25 | | shall be satisfied under Section 1.2 of the State
Pension Funds |
26 | | Continuing Appropriation Act. If the amount due is less than |
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1 | | the
amount received, the
difference shall be termed the "Fiscal |
2 | | Year 2004 Overpayment" for purposes of
this Section, and the |
3 | | Fiscal Year 2004 Overpayment shall be repaid by
the System to |
4 | | the Pension Contribution Fund as soon as practicable
after the |
5 | | certification.
|
6 | | (g) For purposes of determining the required State |
7 | | contribution to the System, the value of the System's assets |
8 | | shall be equal to the actuarial value of the System's assets, |
9 | | which shall be calculated as follows: |
10 | | As of June 30, 2008, the actuarial value of the System's |
11 | | assets shall be equal to the market value of the assets as of |
12 | | that date. In determining the actuarial value of the System's |
13 | | assets for fiscal years after June 30, 2008, any actuarial |
14 | | gains or losses from investment return incurred in a fiscal |
15 | | year shall be recognized in equal annual amounts over the |
16 | | 5-year period following that fiscal year. |
17 | | (h) For purposes of determining the required State |
18 | | contribution to the System for a particular year, the actuarial |
19 | | value of assets shall be assumed to earn a rate of return equal |
20 | | to the System's actuarially assumed rate of return. |
21 | | (i) After the submission of all payments for eligible |
22 | | employees from personal services line items paid from the |
23 | | General Revenue Fund in fiscal year 2010 have been made, the |
24 | | Comptroller shall provide to the System a certification of the |
25 | | sum of all fiscal year 2010 expenditures for personal services |
26 | | that would have been covered by payments to the System under |
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1 | | this Section if the provisions of this amendatory Act of the |
2 | | 96th General Assembly had not been enacted. Upon receipt of the |
3 | | certification, the System shall determine the amount due to the |
4 | | System based on the full rate certified by the Board under |
5 | | Section 14-135.08 for fiscal year 2010 in order to meet the |
6 | | State's obligation under this Section. The System shall compare |
7 | | this amount due to the amount received by the System in fiscal |
8 | | year 2010 through payments under this Section. If the amount |
9 | | due is more than the amount received, the difference shall be |
10 | | termed the "Fiscal Year 2010 Shortfall" for purposes of this |
11 | | Section, and the Fiscal Year 2010 Shortfall shall be satisfied |
12 | | under Section 1.2 of the State Pension Funds Continuing |
13 | | Appropriation Act. If the amount due is less than the amount |
14 | | received, the difference shall be termed the "Fiscal Year 2010 |
15 | | Overpayment" for purposes of this Section, and the Fiscal Year |
16 | | 2010 Overpayment shall be repaid by the System to the General |
17 | | Revenue Fund as soon as practicable after the certification. |
18 | | (j) After the submission of all payments for eligible |
19 | | employees from personal services line items paid from the |
20 | | General Revenue Fund in fiscal year 2011 have been made, the |
21 | | Comptroller shall provide to the System a certification of the |
22 | | sum of all fiscal year 2011 expenditures for personal services |
23 | | that would have been covered by payments to the System under |
24 | | this Section if the provisions of this amendatory Act of the |
25 | | 96th General Assembly had not been enacted. Upon receipt of the |
26 | | certification, the System shall determine the amount due to the |
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1 | | System based on the full rate certified by the Board under |
2 | | Section 14-135.08 for fiscal year 2011 in order to meet the |
3 | | State's obligation under this Section. The System shall compare |
4 | | this amount due to the amount received by the System in fiscal |
5 | | year 2011 through payments under this Section. If the amount |
6 | | due is more than the amount received, the difference shall be |
7 | | termed the "Fiscal Year 2011 Shortfall" for purposes of this |
8 | | Section, and the Fiscal Year 2011 Shortfall shall be satisfied |
9 | | under Section 1.2 of the State Pension Funds Continuing |
10 | | Appropriation Act. If the amount due is less than the amount |
11 | | received, the difference shall be termed the "Fiscal Year 2011 |
12 | | Overpayment" for purposes of this Section, and the Fiscal Year |
13 | | 2011 Overpayment shall be repaid by the System to the General |
14 | | Revenue Fund as soon as practicable after the certification. |
15 | | (k) For fiscal year 2012 only, after the submission of all |
16 | | payments for eligible employees from personal services line |
17 | | items paid from the General Revenue Fund in the fiscal year |
18 | | have been made, the Comptroller shall provide to the System a |
19 | | certification of the sum of all expenditures in the fiscal year |
20 | | for personal services. Upon receipt of the certification, the |
21 | | System shall determine the amount due to the System based on |
22 | | the full rate certified by the Board under Section 14-135.08 |
23 | | for the fiscal year in order to meet the State's obligation |
24 | | under this Section. The System shall compare this amount due to |
25 | | the amount received by the System for the fiscal year. If the |
26 | | amount due is more than the amount received, the difference |
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1 | | shall be termed the "Fiscal Year Shortfall" for purposes of |
2 | | this Section, and the Fiscal Year Shortfall shall be satisfied |
3 | | under Section 1.2 of the State Pension Funds Continuing |
4 | | Appropriation Act. If the amount due is less than the amount |
5 | | received, the difference shall be termed the "Fiscal Year |
6 | | Overpayment" for purposes of this Section, and the Fiscal Year |
7 | | Overpayment shall be repaid by the System to the General |
8 | | Revenue Fund as soon as practicable after the certification. |
9 | | (Source: P.A. 96-43, eff. 7-15-09; 96-45, eff. 7-15-09; |
10 | | 96-1000, eff. 7-2-10; 96-1497, eff. 1-14-11; 96-1511, eff. |
11 | | 1-27-11; 96-1554, eff. 3-18-11; 97-72, eff. 7-1-11.)
|
12 | | (40 ILCS 5/14-131.1 new) |
13 | | Sec. 14-131.1. Additional State contributions. |
14 | | (a) In fiscal year 2014, 2015, and 2016, the following |
15 | | rules apply in determining the additional contributions by the |
16 | | State of Illinois: |
17 | | (1) With respect to covered employees who (i) |
18 | | participate in the traditional or revised benefit package |
19 | | or the self-managed plan and (ii) are subject to paragraph |
20 | | (1) of subsection (a) of Section 14-133, 4.04% of |
21 | | pensionable payroll. |
22 | | (2) With respect to noncovered employees who (i) |
23 | | participate in the traditional or revised benefit package |
24 | | or the self-managed plan and (ii) are subject to paragraph |
25 | | (2), (3), or (6) of subsection (a) of Section 14-133, 6.00% |
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1 | | of pensionable payroll. |
2 | | (3) With respect to covered employees who (i) |
3 | | participate in the traditional or revised benefit package |
4 | | or the self-managed plan and (ii) are subject to paragraph |
5 | | (4) or (5) of subsection (a) of Section 14-133, 4.46% of |
6 | | pensionable payroll. |
7 | | (b) In fiscal year 2017 and in each fiscal year thereafter, |
8 | | the following rules apply in determining the additional |
9 | | contributions by the State of Illinois: |
10 | | (1) With respect to covered employees who (i) |
11 | | participate in the traditional or revised benefit package |
12 | | or the self-managed plan and (ii) are subject to paragraph |
13 | | (1) of subsection (a) of Section 14-133, one half of the |
14 | | actuarially determined long term normal cost of the revised |
15 | | benefit package as calculated in fiscal year 2014. |
16 | | (2) With respect to noncovered employees who (i) |
17 | | participate in the traditional or revised benefit package |
18 | | or the self-managed plan and (ii) are subject to paragraph |
19 | | (2), (3), or (6) of subsection (a) of Section 14-133, 6.00% |
20 | | of total compensation for the employee group. |
21 | | (3) With respect to covered employees who (i) |
22 | | participate in the traditional or revised benefit package |
23 | | or the self-managed plan and (ii) are subject to paragraph |
24 | | (4) or (5) of subsection (a) of Section 14-133, one half of |
25 | | the actuarially determined long term normal cost of the |
26 | | revised benefit package as calculated in fiscal year 2014. |
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1 | | For purposes of this subsection (b), long term normal cost |
2 | | shall be defined as the normal cost of the revised benefit |
3 | | package assuming that all employees are covered under the |
4 | | revised benefit package. |
5 | | (c) For all employees covered under the self-managed plan, |
6 | | the State of Illinois shall contribute an amount determined by |
7 | | the System to be sufficient to fund the disability benefits |
8 | | provided under this Article.
|
9 | | (40 ILCS 5/14-133) (from Ch. 108 1/2, par. 14-133)
|
10 | | Sec. 14-133. Contributions on behalf of members.
|
11 | | (a) Each participating employee shall make contributions |
12 | | to the System,
based on the employee's compensation, as |
13 | | follows:
|
14 | | (1) Covered employees, except as indicated below, 3.5% |
15 | | for
retirement annuity, and 0.5% for a widow or survivors
|
16 | | annuity;
|
17 | | (2) Noncovered employees, except as indicated below, |
18 | | 7% for retirement
annuity and 1% for a widow or survivors |
19 | | annuity;
|
20 | | (3) Noncovered employees serving in a position in which |
21 | | "eligible
creditable service" as defined in Section 14-110 |
22 | | may be earned, 1% for a widow
or survivors annuity
plus the |
23 | | following amount for retirement annuity: 8.5% through |
24 | | December 31,
2001; 9.5% in 2002; 10.5% in 2003; and 11.5% |
25 | | in 2004 and thereafter;
|
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1 | | (4) Covered employees serving in a position in which |
2 | | "eligible creditable
service" as defined in Section 14-110 |
3 | | may be earned, 0.5% for a widow or survivors annuity
plus |
4 | | the following amount for retirement annuity: 5% through |
5 | | December 31,
2001; 6% in 2002; 7% in 2003; and 8% in 2004 |
6 | | and thereafter;
|
7 | | (5) Each security employee of the Department of |
8 | | Corrections
or of the Department of Human Services who is a |
9 | | covered employee, 0.5% for a widow or survivors annuity
|
10 | | plus the following amount for retirement annuity: 5% |
11 | | through December 31,
2001; 6% in 2002; 7% in 2003; and 8% |
12 | | in 2004 and thereafter;
|
13 | | (6) Each security employee of the Department of |
14 | | Corrections
or of the Department of Human Services who is |
15 | | not a covered employee, 1% for a widow or survivors annuity
|
16 | | plus the following amount for retirement annuity: 8.5% |
17 | | through December 31,
2001; 9.5% in 2002; 10.5% in 2003; and |
18 | | 11.5% in 2004 and thereafter. |
19 | | (7) Notwithstanding anything in this Section to the |
20 | | contrary, beginning July 1, 2013, all participating |
21 | | employees shall be required to make the following |
22 | | contributions: |
23 | | (A) Covered employees who elect the traditional |
24 | | benefit package provided under paragraph (1) of |
25 | | subsection (a) of Section 14-108.2d of this Code and |
26 | | who are subject to paragraph (1) of subsection (a) of |
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1 | | Section 14-133 shall contribute: |
2 | | (I) In fiscal year 2014, fiscal year 2015, and |
3 | | fiscal year 2016, 9.29%. |
4 | | (II) In fiscal year 2017 and in each fiscal |
5 | | year thereafter, a percentage of compensation |
6 | | equal to the actuarially determined fiscal year |
7 | | 2017 normal cost of the traditional benefit |
8 | | package, minus contributions by the State of |
9 | | Illinois in fiscal year 2017 under paragraph (1) of |
10 | | subsection (a) of Section 14-131.1, provided that |
11 | | no employee's contribution shall be more than 2% |
12 | | greater than the employee contribution certified |
13 | | for fiscal year 2014. |
14 | | (B) Noncovered employees who elect the traditional |
15 | | benefit package provided under paragraph (1) of |
16 | | subsection (a) of Section 14-108.2d of this Code and |
17 | | who are subject to either paragraph (3) or (6) of |
18 | | subsection (a) of Section 14-133 shall contribute: |
19 | | (I) In fiscal year 2014, fiscal year 2015, and |
20 | | fiscal year 2016, an amount equal to 18.91% of |
21 | | compensation. |
22 | | (II) In fiscal year 2017 and in each fiscal |
23 | | year thereafter, a percentage of compensation |
24 | | equal to the actuarially determined fiscal year |
25 | | 2017 normal cost of the traditional benefit |
26 | | package, minus contributions by the State of |
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1 | | Illinois in fiscal year 2017 under paragraph (2) of |
2 | | subsection (a) of Section 14-131.1, provided that |
3 | | no employee's contribution shall be less than 6% or |
4 | | more than 20.91% of compensation. |
5 | | (C) Covered employees who elect the traditional |
6 | | benefit package provided under paragraph (1) of |
7 | | subsection (a) of Section 14-108.2d of this Code and |
8 | | who are subject to either paragraph (4) or (5) of |
9 | | subsection (a) of Section 14-133 shall contribute: |
10 | | (I) In fiscal year 2014, fiscal year 2015, and |
11 | | fiscal year 2016, 16.65%. |
12 | | (II) In fiscal year 2017 and in each fiscal |
13 | | year thereafter, a percentage of compensation |
14 | | equal to the actuarially determined fiscal year |
15 | | 2017 normal cost of the traditional benefit |
16 | | package, minus contributions by the State of |
17 | | Illinois in fiscal year 2017 under paragraph (3) of |
18 | | subsection (a) of Section 14-131.1, provided that |
19 | | no employee's contribution shall be more than 2% |
20 | | greater than the employee contribution certified |
21 | | for fiscal year 2014. |
22 | | (D) Noncovered employees who elect the traditional |
23 | | benefit package provided under paragraph (1) of |
24 | | subsection (a) of Section 14-108.2d of this Code and |
25 | | who are subject to paragraph (2) of subsection (a) of |
26 | | Section 14-133 shall contribute: |
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1 | | (I) In fiscal year 2014, fiscal year 2015, and |
2 | | fiscal year 2016, an amount equal to 9.29% of |
3 | | compensation. |
4 | | (II) In fiscal year 2017 and in each fiscal |
5 | | year thereafter, a percentage of compensation |
6 | | equal to the actuarially determined fiscal year |
7 | | 2017 normal cost of the traditional benefit |
8 | | package, minus contributions by the State of |
9 | | Illinois in fiscal year 2017 under paragraph (2) of |
10 | | subsection (a) of Section 14-131.1, provided that |
11 | | no employee's contribution shall be less than 6% or |
12 | | more than 2% greater than the employee's |
13 | | contribution certified for fiscal year 2014. |
14 | | (E) Employees who elect the revised benefit |
15 | | package provided under paragraph (2) of subsection (a) |
16 | | of Section 14-108.2d of this Code shall contribute a |
17 | | percentage of compensation determined as follows: |
18 | | (I) In fiscal year 2014 and in each fiscal year |
19 | | thereafter, covered employees who are subject to |
20 | | paragraph (1) of subsection (a) of Section 14-133 |
21 | | shall contribute one half of the actuarially |
22 | | determined long term normal cost of the revised |
23 | | benefit package as calculated in fiscal year 2014. |
24 | | (II) In fiscal year 2014 and in each fiscal |
25 | | year thereafter, covered employees who are subject |
26 | | to either paragraph (4) or (5) of subsection (a) of |
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1 | | Section 14-133 shall contribute one half of the |
2 | | actuarially determined long term normal cost of |
3 | | the revised benefit package as calculated in |
4 | | fiscal year 2014. |
5 | | (III) In fiscal year 2014 and in each fiscal |
6 | | year thereafter, noncovered employees who are |
7 | | subject to either paragraph (2), (3), or (6) of |
8 | | subsection (a) of Section 14-133 shall contribute |
9 | | an amount equal to the greater of the actuarially |
10 | | determined long term normal cost of the revised |
11 | | benefit package as calculated in fiscal year 2014 |
12 | | or 12%, minus contributions by the State of |
13 | | Illinois in fiscal year 2014 under paragraph (2) of |
14 | | subsection (a) of Section 14-131.1. |
15 | | Contributions under this subparagraph (E) shall be |
16 | | based on pensionable payroll. |
17 | | (F) In fiscal year 2014 and in each fiscal year |
18 | | thereafter, employees who elect the self-managed plan |
19 | | provided under paragraph (3) of subsection (a) of |
20 | | Section 14-108.2d of this Code shall contribute a |
21 | | minimum percentage of compensation determined as |
22 | | follows: |
23 | | (I) Covered employees who are subject to |
24 | | paragraph (1) of subsection (a) of Section 14-133 |
25 | | shall contribute one half of the actuarially |
26 | | determined long term normal cost of the revised |
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1 | | benefit package as calculated in fiscal year 2014. |
2 | | (II) Covered employees who are subject to |
3 | | either paragraph (4) or (5) of subsection (a) of |
4 | | Section 14-133 shall contribute one half of the |
5 | | actuarially determined long term normal cost of |
6 | | the revised benefit package as calculated in |
7 | | fiscal year 2014. |
8 | | (III) Noncovered employees who are subject to |
9 | | either paragraph (2), (3) or (6) of subsection (a) |
10 | | of Section 14-133 shall contribute 6% of |
11 | | compensation. |
12 | | Employees who elect the self-managed plan provided |
13 | | under paragraph (3) of subsection (a) of Section |
14 | | 14-108.2d of this Code may elect to increase the |
15 | | employee contribution in accordance with rules |
16 | | prescribed by the Board. |
17 | | The System shall certify the actuarially determined |
18 | | normal cost and long term normal cost amounts, and the |
19 | | amount of the required employee contribution, as provided |
20 | | above. For purposes of this paragraph (7), long term normal |
21 | | cost shall be defined as the normal cost of the revised |
22 | | benefit package assuming that all employees are |
23 | | participants under the revised benefit package.
|
24 | | (b) Contributions shall be in the form of a deduction from
|
25 | | compensation and shall be made notwithstanding that the |
26 | | compensation
paid in cash to the employee shall be reduced |
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1 | | thereby below the minimum
prescribed by law or regulation. Each |
2 | | member is deemed to consent and
agree to the deductions from |
3 | | compensation provided for in this Article,
and shall receipt in |
4 | | full for salary or compensation.
|
5 | | (Source: P.A. 92-14, eff. 6-28-01.)
|
6 | | (40 ILCS 5/14-133.2 new) |
7 | | Sec. 14-133.2. Increases in participant contributions. If |
8 | | the employee contribution required under Section 14-133 |
9 | | increases for any employee pursuant to this amendatory Act of |
10 | | the 97th General Assembly, the additional employee |
11 | | contribution in excess of the prior employee contribution shall |
12 | | be deducted from the employee's compensation unless the |
13 | | department that employs such employee agrees pursuant to |
14 | | Section 414(h) of the Internal Revenue Code to pick up and pay |
15 | | part or all of such increased contribution in addition to the |
16 | | employee's compensation. |
17 | | (40 ILCS 5/14-202 new) |
18 | | Sec. 14-202. Qualified plan status. No provision of this |
19 | | Article shall be interpreted in a way that would cause the |
20 | | System to cease to be a qualified plan under Section 401(a) of |
21 | | the Internal Revenue Code. |
22 | | (40 ILCS 5/15-103.4 new) |
23 | | Sec. 15-103.4. Revised benefit package. "Revised benefit |
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1 | | package": The defined benefit retirement program maintained |
2 | | under the System as provided by Public Act 96-889 and described |
3 | | in Section 15-134.6.
|
4 | | (40 ILCS 5/15-113.6) (from Ch. 108 1/2, par. 15-113.6)
|
5 | | Sec. 15-113.6. Service for employment in public schools. |
6 | | "Service for
employment in public schools": Includes
those |
7 | | periods not exceeding the lesser of 10 years or 2/3 of the |
8 | | service
granted under other Sections of this Article dealing |
9 | | with service credit,
during which a person who entered the |
10 | | system after September 1, 1974 was
employed full time by a |
11 | | public common school, public college and public
university, or |
12 | | by an agency or instrumentality of any of the foregoing,
of any |
13 | | state, territory, dependency or possession of the United States |
14 | | of
America, including the Philippine Islands, or a school
|
15 | | operated by or under
the auspices of any agency or department |
16 | | of any other state, if the person
(1) cannot qualify for a |
17 | | retirement pension or other benefit based upon
employer
|
18 | | contributions from another retirement system, exclusive of |
19 | | federal social
security, based in whole or in part upon this |
20 | | employment, and (2) pays the
lesser of (A) an amount equal to |
21 | | 8% of his or her annual basic compensation
on the date of |
22 | | becoming a participating employee subsequent to this service
|
23 | | multiplied by the number of years of such service, together |
24 | | with compound
interest from the date participation begins to |
25 | | the date payment is received
by the board at the rate of 6% per |
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1 | | annum through August 31, 1982, and at
the effective rates after |
2 | | that date, and (B) 50% of the actuarial value
of the increase |
3 | | in the retirement annuity provided by this service, and
(3) |
4 | | contributes for at least 5 years subsequent to this employment |
5 | | to one
or more of the following systems: the State Universities |
6 | | Retirement System,
the Teachers' Retirement System of the State |
7 | | of Illinois, and the Public
School Teachers' Pension and |
8 | | Retirement Fund of Chicago.
|
9 | | The service granted under this Section shall not be |
10 | | considered in determining
whether the person has the minimum of |
11 | | 8 years of service required to qualify
for a retirement annuity |
12 | | at age 55 or the 5 years of service required to
qualify for a |
13 | | retirement annuity at age 62, as provided in Section 15-135, or |
14 | | the 10 years required by subsection (c) of Section 15-134.6 |
15 | | 1-160 for a person who first becomes a participant on or after |
16 | | January 1, 2011.
The maximum allowable service of 10 years for |
17 | | this governmental employment
shall be reduced by the service |
18 | | credit which is validated under paragraph
(2) of subsection (b) |
19 | | of Section 16-127 and paragraph 1 of Section 17-133.
|
20 | | (Source: P.A. 95-83, eff. 8-13-07; 96-1490, eff. 1-1-11.)
|
21 | | (40 ILCS 5/15-134) (from Ch. 108 1/2, par. 15-134)
|
22 | | Sec. 15-134. Participant.
|
23 | | (a) Each person shall, as a condition of employment, become |
24 | | a participant
and be subject to this Article on the date that |
25 | | he or she becomes an
employee, makes an election to participate |
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1 | | in, or otherwise becomes a
participant in one of the retirement |
2 | | programs offered under this Article,
whichever date is later.
|
3 | | An employee who becomes a participant shall continue to be |
4 | | a participant
until he or she becomes an annuitant, dies or |
5 | | accepts a refund of
contributions. For purposes of subsection |
6 | | (f) of Section 15-134.6 1-160 , the term "participant" shall |
7 | | include a person receiving a retirement annuity.
|
8 | | (b) A person employed concurrently by 2 or more employers |
9 | | is
eligible to participate in the system on compensation |
10 | | received from all
employers.
|
11 | | (Source: P.A. 96-1490, eff. 1-1-11.)
|
12 | | (40 ILCS 5/15-134.5)
|
13 | | Sec. 15-134.5. Retirement program elections.
|
14 | | (a) All participating employees are participants under the |
15 | | traditional
benefit package prior to January 1, 1998.
|
16 | | Effective as of the date that an employer elects, as |
17 | | described in Section
15-158.2, to offer to its employees the |
18 | | portable benefit package and the
self-managed plan as |
19 | | alternatives to the traditional benefit package, each of
that |
20 | | employer's eligible employees (as defined in subsection (b)) |
21 | | shall be
given the choice to elect which retirement program he |
22 | | or she wishes to
participate in with respect to all periods of |
23 | | covered employment occurring on
and after the effective date of |
24 | | the employee's election. The retirement
program election made |
25 | | by an eligible employee must be made in writing, in the
manner |
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1 | | prescribed by the System, and within the time period described |
2 | | in
subsection (d) or (d-1).
|
3 | | The employee election authorized by this Section is a |
4 | | one-time, irrevocable
election. If an employee terminates |
5 | | employment after making the election
provided under this |
6 | | subsection (a), then upon his or her subsequent
re-employment |
7 | | with an employer the original election shall automatically |
8 | | apply
to him or her, provided that the employer is then a |
9 | | participating employer as
described in Section 15-158.2.
|
10 | | An eligible employee who fails to make this election shall, |
11 | | by default,
participate in the traditional benefit package. |
12 | | Beginning on July 1, 2013, all participating employees who are |
13 | | not participants in the self-managed plan, except persons who |
14 | | qualify as employees under subsection (h) of Section 15-107 and |
15 | | police officers, shall be required to make the election |
16 | | provided under Section 15-134.7, and a participating employee |
17 | | who fails to make such an election shall, by default, |
18 | | participate in the revised benefit package.
|
19 | | (b) "Eligible employee" means an employee (as defined in |
20 | | Section
15-107) who is either a currently eligible employee or |
21 | | a newly eligible
employee. For purposes of this Section, a |
22 | | "currently eligible employee"
is an employee who is employed by |
23 | | an employer on the effective date on which
the employer offers |
24 | | to its employees the portable benefit package and the
|
25 | | self-managed plan as alternatives to the traditional benefit |
26 | | package. A "newly
eligible employee" is an employee who first |
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1 | | becomes employed by an employer
after the effective date on |
2 | | which the employer offers its employees the
portable benefit |
3 | | package and the self-managed plan as alternatives to the
|
4 | | traditional benefit package.
A newly eligible employee |
5 | | participates in the traditional benefit package
until he or she |
6 | | makes an election to participate in the portable benefit
|
7 | | package or the self-managed plan. If an employee does not elect |
8 | | to participate
in the portable benefit package or the |
9 | | self-managed plan, he or she shall
continue to participate in |
10 | | the
traditional benefit package by default.
|
11 | | (c) An eligible employee who at the time he or she is first |
12 | | eligible to
make the election described in subsection (a) does |
13 | | not have sufficient age and
service to qualify for a retirement |
14 | | annuity under Section 15-135 may elect to
participate in the |
15 | | traditional benefit package, the portable benefit package,
or |
16 | | the self-managed plan. An eligible employee who has sufficient |
17 | | age and
service to qualify for a retirement annuity under |
18 | | Section 15-135 at the time he
or she is first eligible to make |
19 | | the election described in subsection (a) may
elect to |
20 | | participate in the traditional benefit package or the portable |
21 | | benefit
package, but may not elect to participate in the |
22 | | self-managed plan.
|
23 | | (d) A currently eligible employee must make this election |
24 | | within one year
after the effective date of the employer's |
25 | | adoption of the self-managed plan.
|
26 | | A newly eligible employee must make this election within
6 |
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1 | | months after the date on which the System receives the report |
2 | | of status
certification from the employer.
If an employee |
3 | | elects to participate in the self-managed plan, no employer
|
4 | | contributions shall be remitted to the self-managed plan when |
5 | | the employee's
account balance transfer is made. Employer |
6 | | contributions to the self-managed
plan shall commence as of the |
7 | | first pay period that begins after the System
receives the |
8 | | employee's election.
|
9 | | (d-1) A newly eligible employee who, prior to the effective |
10 | | date of this
amendatory Act of the 91st General Assembly, fails |
11 | | to make the election within
the period provided under |
12 | | subsection (d) and participates by default in the
traditional |
13 | | benefit package may make a late election to participate in the
|
14 | | portable benefit package or the self-managed plan instead of |
15 | | the traditional
benefit package at any time within 6 months |
16 | | after the effective date of this
amendatory Act of the 91st |
17 | | General Assembly.
|
18 | | (e) If a currently eligible employee elects the portable |
19 | | benefit
package, that
election shall not become effective until |
20 | | the one-year anniversary of the date
on which the election is |
21 | | filed with the System, provided the employee remains
|
22 | | continuously employed by the employer throughout the one-year |
23 | | waiting period,
and any benefits payable to or on account of |
24 | | the employee before such one-year
waiting period has ended |
25 | | shall not be determined under the provisions
applicable to the |
26 | | portable benefit package but shall instead be determined in
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1 | | accordance with the traditional benefit package. If a currently
|
2 | | eligible employee who
has elected the portable benefit package |
3 | | terminates employment covered by the
System before the one-year |
4 | | waiting period has ended, then no
benefits shall be determined |
5 | | under the portable benefit package provisions
while he or she |
6 | | is inactive in the System and upon re-employment with an
|
7 | | employer covered by the System he or she shall begin a new |
8 | | one-year waiting
period before the provisions of the portable |
9 | | benefit
package become effective.
|
10 | | (f) An eligible employee shall be provided with written |
11 | | information prepared
or prescribed by the System which |
12 | | describes the employee's retirement program
choices. The |
13 | | eligible employee shall be offered an opportunity to
receive |
14 | | counseling from the System prior to making his or her election. |
15 | | This
counseling may consist of videotaped materials, group |
16 | | presentations, individual
consultation with an employee or |
17 | | authorized representative of the System in
person or by |
18 | | telephone or other electronic means, or any combination of |
19 | | these
methods.
|
20 | | (Source: P.A. 90-766, eff. 8-14-98; 91-887, eff. 7-6-00.)
|
21 | | (40 ILCS 5/15-134.6 new) |
22 | | Sec. 15-134.6. Revised benefit package. |
23 | | (a) The provisions of this Section apply to a person who, |
24 | | on or after January 1, 2011, first becomes a participant under |
25 | | this Article, and any person who elects this benefit package |
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1 | | pursuant to Section 15-134.7, but do not apply to the |
2 | | self-managed plan established under this Article. |
3 | | (b) "Final rate of earnings" means the average monthly (or |
4 | | annual) earnings obtained by dividing the total earnings or |
5 | | earnings calculated under this Article applicable to the |
6 | | participant during the 96 consecutive months (or 8 consecutive |
7 | | years) of service within the last 120 months (or 10 years) of |
8 | | service in which the total earnings calculated under this |
9 | | Article was the highest by the number of months (or years) of |
10 | | service in that period. |
11 | | (b-5) For all purposes under this Article (including |
12 | | without limitation the calculation of benefits and employee |
13 | | contributions and contributions by the State of Illinois under |
14 | | paragraph (2) of Section 15-155.1 with respect to the revised |
15 | | benefit package), the annual earnings of a participant to whom |
16 | | this Section applies shall not exceed $106,800; however, that |
17 | | amount shall annually thereafter be increased by the lesser of |
18 | | (i) 3% of that amount, including all previous adjustments, or |
19 | | (ii) one half the annual unadjusted percentage increase (but |
20 | | not less than zero) in the consumer price index-u for the 12 |
21 | | months ending with the September preceding each November 1, |
22 | | including all previous adjustments. |
23 | | For the purposes of this Section, "consumer price index-u" |
24 | | means the index published by the Bureau of Labor Statistics of |
25 | | the United States Department of Labor that measures the average |
26 | | change in prices of goods and services purchased by all urban |
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1 | | consumers, United States city average, all items, 1982 84 =100. |
2 | | The new amount resulting from each annual adjustment shall be |
3 | | determined by the Public Pension Division of the Department of |
4 | | Insurance and made available to the boards of the retirement |
5 | | systems and pension funds by November 1 of each year. |
6 | | Beginning on July 1, 2013, the maximum annual earnings |
7 | | amount shall be adjusted to $110,100, as adjusted for periods |
8 | | after 2012 based on the methodology and formula used to |
9 | | calculate annual increases in wages under 42 U.S.C. Section |
10 | | 415(a) for purposes of computing benefits and adjusting wages |
11 | | under the federal Social Security program. Each year thereafter |
12 | | on January 1, this amount shall be adjusted based on the |
13 | | methodology and formula used to calculate annual increases in |
14 | | wages under 42 U.S.C. Section 415(a) for purposes of computing |
15 | | benefits and adjusting wages under the federal Social Security |
16 | | program. |
17 | | (c) A participant is entitled to a retirement annuity upon |
18 | | written application if he or she has attained age 67 and has at |
19 | | least 10 years of service credit and is otherwise eligible |
20 | | under the requirements of this Article. A participant who has |
21 | | attained age 62 and has at least 10 years of service credit and |
22 | | is otherwise eligible under the requirements of this Article |
23 | | may elect to receive the lower retirement annuity provided in |
24 | | subsection (d) of this Section. |
25 | | (d) The retirement annuity of a participant who is retiring |
26 | | after attaining age 62 with at least 10 years of service credit |
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1 | | shall be reduced by one half of 1% for each full month that the |
2 | | member's age is under age 67. |
3 | | (e) Any retirement annuity or supplemental annuity shall be |
4 | | subject to annual increases on the January 1 occurring either |
5 | | on or after the attainment of age 67 or the first anniversary |
6 | | of the annuity start date, whichever is later. Each annual |
7 | | increase shall be calculated at 3% or one half the annual |
8 | | unadjusted percentage increase (but not less than zero) in the |
9 | | consumer price index-u for the 12 months ending with the |
10 | | September preceding each November 1, whichever is less, of the |
11 | | originally granted retirement annuity. If the annual |
12 | | unadjusted percentage change in the consumer price index-u for |
13 | | the 12 months ending with the September preceding each November |
14 | | 1 is zero or there is a decrease, then the annuity shall not be |
15 | | increased. |
16 | | (f) The initial survivor's or widow's annuity of an |
17 | | otherwise eligible survivor or widow of a retired participant |
18 | | shall be in the amount of 66 2/3% of the retired participant's |
19 | | retirement annuity at the date of death. In the case of the |
20 | | death of a participant who has not retired, eligibility for a |
21 | | survivor's or widow's annuity shall be determined by the |
22 | | applicable section of this Article. The initial benefit shall |
23 | | be 66 2/3% of the earned annuity without a reduction due to |
24 | | age. A child's annuity of an otherwise eligible child shall be |
25 | | in the amount prescribed under this Article if applicable. Any |
26 | | survivor's or widow's annuity shall be increased (1) on each |
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1 | | January 1 occurring on or after the commencement of the annuity |
2 | | if the deceased member died while receiving a retirement |
3 | | annuity or (2) in other cases, on each January 1 occurring |
4 | | after the first anniversary of the commencement of the annuity. |
5 | | Each annual increase shall be calculated at 3% or one half the |
6 | | annual unadjusted percentage increase (but not less than zero) |
7 | | in the consumer price index-u for the 12 months ending with the |
8 | | September preceding each November 1, whichever is less, of the |
9 | | originally granted survivor's annuity. If the annual |
10 | | unadjusted percentage change in the consumer price index-u for |
11 | | the 12 months ending with the September preceding each November |
12 | | 1 is zero or there is a decrease, then the annuity shall not be |
13 | | increased. |
14 | | (g) If a person who first becomes a participant on or after |
15 | | January 1, 2011 is receiving a retirement annuity under this |
16 | | system and becomes a member or participant under any other |
17 | | system or fund created by this Code and is employed on a |
18 | | full-time basis, except for those members or participants |
19 | | exempted from the provisions of this Section under subsection |
20 | | (a) of this Section, then the person's retirement annuity shall |
21 | | be suspended during that employment. Upon termination of that |
22 | | employment, the person's retirement annuity shall resume and be |
23 | | recalculated if recalculation is provided for under this |
24 | | Article. |
25 | | (h) Notwithstanding any other provision of this Section, a |
26 | | participant in the revised benefit package provided by this |
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1 | | Section shall have the option to enroll in the self-managed |
2 | | plan created under Section 15-158.2. |
3 | | (i) In the case of a conflict between the provisions of |
4 | | this Section and any other provision of this Code, the |
5 | | provisions of this Section shall control. |
6 | | (40 ILCS 5/15-134.7 new) |
7 | | Sec. 15-134.7. Benefits accruals on and after July 1, 2013. |
8 | | (a) Each participating employee under this Article, other |
9 | | than a person who first becomes an employee and a participant |
10 | | on or after January 1, 2011, a person who qualifies as an |
11 | | employee under subsection (h) of Section 15-107, a person who |
12 | | qualifies as a police officer, or a person who becomes an |
13 | | employee and a participant before July 1, 2013 and who elects |
14 | | the self-managed plan provided under Section 15-158.2, shall |
15 | | elect which retirement program he or she wishes to participate |
16 | | in with respect to all periods of service occurring on and |
17 | | after July 1, 2013. The retirement program election made by the |
18 | | participating employee must be made (i) no later than July 1, |
19 | | 2013 in the manner prescribed by the System, and (ii) if |
20 | | applicable, every 3 years thereafter. The participating |
21 | | employee shall elect one of the following retirement programs: |
22 | | (1) the traditional or portable benefit package; |
23 | | (2) the revised benefit package; or |
24 | | (3) the self-managed plan provided by the System. |
25 | | (b) A person who first becomes an employee and a |
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1 | | participant in the System, on or after January 1, 2011, shall |
2 | | elect which retirement program he or she wishes to participate |
3 | | in with respect to all periods of service occurring on and |
4 | | after July 1, 2013. The participant shall elect one of the |
5 | | retirement programs provided in paragraph (2) or (3) of |
6 | | subsection (a) of this Section. The participant must make that |
7 | | election (i) by June 30, 2013 or within 6 months after the |
8 | | participant's first day of employment, whichever is later, and |
9 | | (ii) if applicable, ever 3 years thereafter. |
10 | | (c) The participant election authorized by this Section is |
11 | | an irrevocable election, except that any individual making an |
12 | | election for the benefit described in paragraph (1) or (2) of |
13 | | subsection (a) shall make an election for a period of 3 years |
14 | | and shall make a subsequent election during the benefit |
15 | | recalculation period in the manner prescribed by the System. |
16 | | The election shall be made in the manner prescribed by the |
17 | | System. Any participant who fails to make the initial election |
18 | | shall, by default, participate in the revised benefit package |
19 | | provided under paragraph (2) of subsection (a) of this Section. |
20 | | (d) Participants who have already made an election pursuant |
21 | | to subsection (a) or (b) shall be given the opportunity to make |
22 | | a new election as follows: |
23 | | (1) each participant in the traditional benefit |
24 | | package provided under paragraph (1) of subsection (a) of |
25 | | this Section shall have the opportunity to elect to |
26 | | terminate participation in the traditional benefit package |
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1 | | and to elect to have retirement benefits for future service |
2 | | provided under either the revised benefit package provided |
3 | | under paragraph (2) of subsection (a) of this Section or |
4 | | the self-managed plan provided under paragraph (3) of |
5 | | subsection (a) of this Section; |
6 | | (2) each participant in the revised benefit package |
7 | | provided under paragraph (2) of subsection (a) of this |
8 | | Section shall have the opportunity to elect to terminate |
9 | | participation in the revised benefit package and to elect |
10 | | to have retirement benefits for future service provided |
11 | | under the self-managed plan provided under paragraph (3) of |
12 | | subsection (a) of this Section; and |
13 | | (3) the elections permitted under paragraphs (1) and |
14 | | (2) must be made during a 6-month period in a manner |
15 | | prescribed by the System. |
16 | | (e) If a participant with an accrued benefit under the |
17 | | traditional or portable benefit package elects to participate |
18 | | under the revised benefit package, the participant's total |
19 | | accrued benefit for purposes of determining an annuity shall be |
20 | | the sum of (i) the participant's benefit accruals under the |
21 | | traditional or portable benefit package before the effective |
22 | | date of the election, based on the participant's final rate of |
23 | | earnings and service under the traditional or portable benefit |
24 | | package as of the effective date of the election and frozen on |
25 | | such date, and (ii) the participant's benefit accruals based on |
26 | | the participant's final rate of earnings and service on and |
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1 | | after the effective date of the election under the revised |
2 | | benefit package. All rights and features provided under the |
3 | | traditional or portable benefit package will be preserved with |
4 | | respect to benefits earned under such package with respect to |
5 | | service completed prior to participation in the revised benefit |
6 | | package. Participants who elect to participate under the |
7 | | revised benefit package shall be entitled to the benefit of the |
8 | | survivor's annuity provided under the revised benefit package |
9 | | based upon all service completed under the System. All service |
10 | | completed under the System shall count for purposes of |
11 | | determining retirement eligibility and vesting under both the |
12 | | traditional or portable defined benefit package and the revised |
13 | | benefit package. |
14 | | (f) If a participant with an accrued benefit under the |
15 | | traditional, portable, or revised benefit package elects to |
16 | | participate under the self-managed plan, the participant's |
17 | | total accrued benefit for purposes of determining an annuity |
18 | | shall be the participant's benefit accruals prior to the |
19 | | effective date of the election, based on the participant's |
20 | | final rate of earnings and service as of the effective date of |
21 | | the election, and frozen on such date. However, the participant |
22 | | shall also have an accrued self-managed plan benefit as |
23 | | specified in subsection (k) of Section 15-158.2, for periods of |
24 | | service on or after the effective date of the election. All |
25 | | rights and features provided under the traditional, portable, |
26 | | or revised benefit package will be preserved with respect to |
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1 | | benefits earned under such package with respect to service |
2 | | completed prior to the election to participate in the |
3 | | self-managed plan. All service completed with the System shall |
4 | | count for purposes of determining retirement eligibility and |
5 | | vesting under the traditional or portable benefit package, the |
6 | | revised benefit package, and the self-managed plan. |
7 | | (g) An individual who is a in the System, but is not a |
8 | | participating employee as of July 1, 2013, shall, based on the |
9 | | eligibility criteria specified in this Article, elect one of |
10 | | the 3 retirement programs provided under paragraphs (1), (2), |
11 | | or (3) of subsection (a) of this Section within 6 months after |
12 | | becoming a participating employee, provided that a participant |
13 | | who previously elected the self-managed plan provided under |
14 | | Section 15-158.2 may not make a subsequent election of a |
15 | | different retirement program. |
16 | | (h) This Section does not apply to persons who qualify as |
17 | | employees under subsection (h) of Section 15-107.
|
18 | | (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
|
19 | | Sec. 15-136. Retirement annuities - Amount. The provisions |
20 | | of this
Section 15-136 apply only to those participants who are |
21 | | participating in the
traditional benefit package or the |
22 | | portable benefit package and do not
apply to participants who |
23 | | are participating in the self-managed plan.
|
24 | | (a) The amount of a participant's retirement annuity, |
25 | | expressed in the form
of a single-life annuity, shall be |
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1 | | determined by whichever of the following
rules is applicable |
2 | | and provides the largest annuity:
|
3 | | Rule 1: The retirement annuity shall be 1.67% of final rate |
4 | | of earnings for
each of the first 10 years of service, 1.90% |
5 | | for each of the next 10 years of
service, 2.10% for each year |
6 | | of service in excess of 20 but not exceeding 30,
and 2.30% for |
7 | | each year in excess of 30; or for persons who retire on or
|
8 | | after January 1, 1998, 2.2% of the final rate of earnings for |
9 | | each year of
service.
|
10 | | Rule 2: The retirement annuity shall be the sum of the |
11 | | following,
determined from amounts credited to the participant |
12 | | in accordance with the
actuarial tables and the prescribed rate |
13 | | of interest in effect at the
time the retirement annuity |
14 | | begins:
|
15 | | (i) the normal annuity which can be provided on an |
16 | | actuarially
equivalent basis, by the accumulated normal |
17 | | contributions as of
the date the annuity begins;
|
18 | | (ii) an annuity from employer contributions of an |
19 | | amount equal to that
which can be provided on an |
20 | | actuarially equivalent basis from the accumulated
normal |
21 | | contributions made by the participant under Section |
22 | | 15-113.6 and Section
15-113.7 plus 1.4 times all other |
23 | | accumulated normal contributions made by
the participant; |
24 | | and
|
25 | | (iii) the annuity that can be provided on an |
26 | | actuarially equivalent basis
from the entire contribution |
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1 | | made by the participant under Section 15-113.3.
|
2 | | With respect to a police officer or firefighter who retires |
3 | | on or after
August 14, 1998, the accumulated normal |
4 | | contributions taken into account under
clauses (i) and (ii) of |
5 | | this Rule 2 shall include the additional normal
contributions |
6 | | made by the police officer or firefighter under Section
|
7 | | 15-157(a).
|
8 | | Beginning on July 1, 2013, for purposes of calculating an |
9 | | annuity under this Rule 2, employee contributions in excess of |
10 | | the employee contribution rates that apply to the annuity and |
11 | | are in effect immediately prior to July 1, 2013 shall not be |
12 | | considered when determining the participant's accumulated |
13 | | normal contributions under clause (i) or the employer |
14 | | contribution under clause (ii). |
15 | | The amount of a retirement annuity calculated under this |
16 | | Rule 2 shall
be computed solely on the basis of the |
17 | | participant's accumulated normal
contributions, as specified |
18 | | in this Rule and defined in Section 15-116.
Neither an employee |
19 | | or employer contribution for early retirement under
Section |
20 | | 15-136.2 nor any other employer contribution shall be used in |
21 | | the
calculation of the amount of a retirement annuity under |
22 | | this Rule 2.
|
23 | | This amendatory Act of the 91st General Assembly is a |
24 | | clarification of
existing law and applies to every participant |
25 | | and annuitant without regard to
whether status as an employee |
26 | | terminates before the effective date of this
amendatory Act.
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1 | | This Rule 2 does not apply to a person who first becomes an |
2 | | employee under this Article on or after July 1, 2005.
|
3 | | Rule 3: The retirement annuity of a participant who is |
4 | | employed
at least one-half time during the period on which his |
5 | | or her final rate of
earnings is based, shall be equal to the |
6 | | participant's years of service
not to exceed 30, multiplied by |
7 | | (1) $96 if the participant's final rate
of earnings is less |
8 | | than $3,500, (2) $108 if the final rate of earnings is
at least |
9 | | $3,500 but less than $4,500, (3) $120 if the final rate of |
10 | | earnings
is at least $4,500 but less than $5,500, (4) $132 if |
11 | | the final rate
of earnings is at least $5,500 but less than |
12 | | $6,500, (5)
$144 if the final rate of earnings is at least |
13 | | $6,500 but less than
$7,500, (6) $156 if the final rate of |
14 | | earnings is at least $7,500 but less
than $8,500, (7) $168 if |
15 | | the final rate of earnings is at least $8,500 but
less than |
16 | | $9,500, and (8) $180 if the final rate of earnings is $9,500 or
|
17 | | more, except that the annuity for those persons having made an |
18 | | election under
Section 15-154(a-1) shall be calculated and |
19 | | payable under the portable
retirement benefit program pursuant |
20 | | to the provisions of Section 15-136.4.
|
21 | | Rule 4: A participant who is at least age 50 and has 25 or |
22 | | more years of
service as a police officer or firefighter, and a |
23 | | participant who is age 55 or
over and has at least 20 but less |
24 | | than 25 years of service as a police officer
or firefighter, |
25 | | shall be entitled to a retirement annuity of 2 1/4% of the
|
26 | | final rate of earnings for each of the first 10 years of |
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1 | | service as a police
officer or firefighter, 2 1/2% for each of |
2 | | the next 10 years of service as a
police officer or |
3 | | firefighter, and 2 3/4% for each year of service as a police
|
4 | | officer or firefighter in excess of 20. The retirement annuity |
5 | | for all other
service shall be computed under Rule 1.
|
6 | | For purposes of this Rule 4, a participant's service as a |
7 | | firefighter
shall also include the following:
|
8 | | (i) service that is performed while the person is an |
9 | | employee under
subsection (h) of Section 15-107; and
|
10 | | (ii) in the case of an individual who was a |
11 | | participating employee
employed in the fire department of |
12 | | the University of Illinois's
Champaign-Urbana campus |
13 | | immediately prior to the elimination of that fire
|
14 | | department and who immediately after the elimination of |
15 | | that fire department
transferred to another job with the |
16 | | University of Illinois, service performed
as an employee of |
17 | | the University of Illinois in a position other than police
|
18 | | officer or firefighter, from the date of that transfer |
19 | | until the employee's
next termination of service with the |
20 | | University of Illinois.
|
21 | | Rule 5: The retirement annuity of a participant who elected |
22 | | early
retirement under the provisions of Section 15-136.2 and |
23 | | who, on or before
February 16, 1995, brought administrative |
24 | | proceedings pursuant to the
administrative rules adopted by the |
25 | | System to challenge the calculation of his
or her retirement |
26 | | annuity shall be the sum of the following, determined from
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1 | | amounts credited to the participant in accordance with the |
2 | | actuarial tables and
the prescribed rate of interest in effect |
3 | | at the time the retirement annuity
begins:
|
4 | | (i) the normal annuity which can be provided on an |
5 | | actuarially equivalent
basis, by the accumulated normal |
6 | | contributions as of the date the annuity
begins; and
|
7 | | (ii) an annuity from employer contributions of an |
8 | | amount equal to that
which can be provided on an |
9 | | actuarially equivalent basis from the accumulated
normal |
10 | | contributions made by the participant under Section |
11 | | 15-113.6 and Section
15-113.7 plus 1.4 times all other |
12 | | accumulated normal contributions made by the
participant; |
13 | | and
|
14 | | (iii) an annuity which can be provided on an |
15 | | actuarially equivalent basis
from the employee |
16 | | contribution for early retirement under Section 15-136.2, |
17 | | and
an annuity from employer contributions of an amount |
18 | | equal to that which can be
provided on an actuarially |
19 | | equivalent basis from the employee contribution for
early |
20 | | retirement under Section 15-136.2.
|
21 | | In no event shall a retirement annuity under this Rule 5 be |
22 | | lower than the
amount obtained by adding (1) the monthly amount |
23 | | obtained by dividing the
combined employee and employer |
24 | | contributions made under Section 15-136.2 by the
System's |
25 | | annuity factor for the age of the participant at the beginning |
26 | | of the
annuity payment period and (2) the amount equal to the |
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1 | | participant's annuity if
calculated under Rule 1, reduced under |
2 | | Section 15-136(b) as if no
contributions had been made under |
3 | | Section 15-136.2.
|
4 | | With respect to a participant who is qualified for a |
5 | | retirement annuity under
this Rule 5 whose retirement annuity |
6 | | began before the effective date of this
amendatory Act of the |
7 | | 91st General Assembly, and for whom an employee
contribution |
8 | | was made under Section 15-136.2, the System shall recalculate |
9 | | the
retirement annuity under this Rule 5 and shall pay any |
10 | | additional amounts due
in the manner provided in Section |
11 | | 15-186.1 for benefits mistakenly set too low.
|
12 | | The amount of a retirement annuity calculated under this |
13 | | Rule 5 shall be
computed solely on the basis of those |
14 | | contributions specifically set forth in
this Rule 5. Except as |
15 | | provided in clause (iii) of this Rule 5, neither an
employee |
16 | | nor employer contribution for early retirement under Section |
17 | | 15-136.2,
nor any other employer contribution, shall be used in |
18 | | the calculation of the
amount of a retirement annuity under |
19 | | this Rule 5.
|
20 | | The General Assembly has adopted the changes set forth in |
21 | | Section 25 of this
amendatory Act of the 91st General Assembly |
22 | | in recognition that the decision of
the Appellate Court for the |
23 | | Fourth District in Mattis v. State Universities
Retirement |
24 | | System et al. might be deemed to give some right to the |
25 | | plaintiff in
that case. The changes made by Section 25 of this |
26 | | amendatory Act of the 91st
General Assembly are a legislative |
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1 | | implementation of the decision of the
Appellate Court for the |
2 | | Fourth District in Mattis v. State Universities
Retirement |
3 | | System et al. with respect to that plaintiff.
|
4 | | The changes made by Section 25 of this amendatory Act of |
5 | | the 91st General
Assembly apply without regard to whether the |
6 | | person is in service as an
employee on or after its effective |
7 | | date.
|
8 | | (b) The retirement annuity provided under Rules 1 and 3 |
9 | | above shall be
reduced by 1/2 of 1% for each month the |
10 | | participant is under age 60 at the
time of retirement. However, |
11 | | this reduction shall not apply in the following
cases:
|
12 | | (1) For a disabled participant whose disability |
13 | | benefits have been
discontinued because he or she has |
14 | | exhausted eligibility for disability
benefits under clause |
15 | | (6) of Section 15-152;
|
16 | | (2) For a participant who has at least the number of |
17 | | years of service
required to retire at any age under |
18 | | subsection (a) of Section 15-135; or
|
19 | | (3) For that portion of a retirement annuity which has |
20 | | been provided on
account of service of the participant |
21 | | during periods when he or she performed
the duties of a |
22 | | police officer or firefighter, if these duties were |
23 | | performed
for at least 5 years immediately preceding the |
24 | | date the retirement annuity
is to begin.
|
25 | | (c) The maximum retirement annuity provided under Rules 1, |
26 | | 2, 4,
and 5
shall be the lesser of (1) the annual limit of |
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1 | | benefits as specified in
Section 415 of the Internal Revenue |
2 | | Code of 1986, as such Section may be
amended from time to time |
3 | | and as such benefit limits shall be adjusted by
the |
4 | | Commissioner of Internal Revenue, and (2) 80% of final rate of
|
5 | | earnings.
|
6 | | (d) An annuitant whose status as an employee terminates |
7 | | after August 14,
1969 shall receive automatic increases in his |
8 | | or her retirement annuity as
follows:
|
9 | | Effective January 1 immediately following the date the |
10 | | retirement annuity
begins, the annuitant shall receive an |
11 | | increase in his or her monthly
retirement annuity of 0.125% of |
12 | | the monthly retirement annuity provided under
Rule 1, Rule 2, |
13 | | Rule 3, Rule 4, or Rule 5, contained in this
Section, |
14 | | multiplied by
the number of full months which elapsed from the |
15 | | date the retirement annuity
payments began to January 1, 1972, |
16 | | plus 0.1667% of such annuity, multiplied by
the number of full |
17 | | months which elapsed from January 1, 1972, or the date the
|
18 | | retirement annuity payments began, whichever is later, to |
19 | | January 1, 1978, plus
0.25% of such annuity multiplied by the |
20 | | number of full months which elapsed
from January 1, 1978, or |
21 | | the date the retirement annuity payments began,
whichever is |
22 | | later, to the effective date of the increase.
|
23 | | The annuitant shall receive an increase in his or her |
24 | | monthly retirement
annuity on each January 1 thereafter during |
25 | | the annuitant's life of 3% of
the monthly annuity provided |
26 | | under Rule 1, Rule 2, Rule 3, Rule 4, or
Rule 5 contained
in |
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1 | | this Section. The change made under this subsection by P.A. |
2 | | 81-970 is
effective January 1, 1980 and applies to each |
3 | | annuitant whose status as
an employee terminates before or |
4 | | after that date.
|
5 | | Beginning January 1, 1990, all automatic annual increases |
6 | | payable under
this Section shall be calculated as a percentage |
7 | | of the total annuity
payable at the time of the increase, |
8 | | including all increases previously
granted under this Article.
|
9 | | The change made in this subsection by P.A. 85-1008 is |
10 | | effective January
26, 1988, and is applicable without regard to |
11 | | whether status as an employee
terminated before that date.
|
12 | | (e) If, on January 1, 1987, or the date the retirement |
13 | | annuity payment
period begins, whichever is later, the sum of |
14 | | the retirement annuity
provided under Rule 1 or Rule 2 of this |
15 | | Section
and the automatic annual increases provided under the |
16 | | preceding subsection
or Section 15-136.1, amounts to less than |
17 | | the retirement
annuity which would be provided by Rule 3, the |
18 | | retirement
annuity shall be increased as of January 1, 1987, or |
19 | | the date the
retirement annuity payment period begins, |
20 | | whichever is later, to the amount
which would be provided by |
21 | | Rule 3 of this Section. Such increased
amount shall be |
22 | | considered as the retirement annuity in determining
benefits |
23 | | provided under other Sections of this Article. This paragraph
|
24 | | applies without regard to whether status as an employee |
25 | | terminated before the
effective date of this amendatory Act of |
26 | | 1987, provided that the annuitant was
employed at least |
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1 | | one-half time during the period on which the final rate of
|
2 | | earnings was based.
|
3 | | (f) A participant is entitled to such additional annuity as |
4 | | may be provided
on an actuarially equivalent basis, by any |
5 | | accumulated
additional contributions to his or her credit. |
6 | | However,
the additional contributions made by the participant |
7 | | toward the automatic
increases in annuity provided under this |
8 | | Section shall not be taken into
account in determining the |
9 | | amount of such additional annuity.
|
10 | | (g) If, (1) by law, a function of a governmental unit, as |
11 | | defined by Section
20-107 of this Code, is transferred in whole |
12 | | or in part to an employer, and (2)
a participant transfers |
13 | | employment from such governmental unit to such employer
within |
14 | | 6 months after the transfer of the function, and (3) the sum of |
15 | | (A) the
annuity payable to the participant under Rule 1, 2, or |
16 | | 3 of this Section (B)
all proportional annuities payable to the |
17 | | participant by all other retirement
systems covered by Article |
18 | | 20, and (C) the initial primary insurance amount to
which the |
19 | | participant is entitled under the Social Security Act, is less |
20 | | than
the retirement annuity which would have been payable if |
21 | | all of the
participant's pension credits validated under |
22 | | Section 20-109 had been validated
under this system, a |
23 | | supplemental annuity equal to the difference in such
amounts |
24 | | shall be payable to the participant.
|
25 | | (h) On January 1, 1981, an annuitant who was receiving
a |
26 | | retirement annuity on or before January 1, 1971 shall have his |
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1 | | or her
retirement annuity then being paid increased $1 per |
2 | | month for
each year of creditable service. On January 1, 1982, |
3 | | an annuitant whose
retirement annuity began on or before |
4 | | January 1, 1977, shall have his or her
retirement annuity then |
5 | | being paid increased $1 per month for each year of
creditable |
6 | | service.
|
7 | | (i) On January 1, 1987, any annuitant whose retirement |
8 | | annuity began on or
before January 1, 1977, shall have the |
9 | | monthly retirement annuity increased by
an amount equal to 8¢ |
10 | | per year of creditable service times the number of years
that |
11 | | have elapsed since the annuity began.
|
12 | | (Source: P.A. 93-347, eff. 7-24-03; 94-4, eff. 6-1-05.)
|
13 | | (40 ILCS 5/15-136.3)
|
14 | | Sec. 15-136.3. Minimum retirement annuity.
|
15 | | (a) Beginning January 1, 1997, any person who is receiving |
16 | | a monthly
retirement
annuity under this Article which, after |
17 | | inclusion of (1) all one-time and
automatic annual increases to |
18 | | which the person is entitled, (2) any
supplemental annuity |
19 | | payable under Section 15-136.1, and (3) any amount
deducted |
20 | | under Section 15-138 or 15-140 to provide a reversionary |
21 | | annuity, is
less than the minimum monthly retirement benefit |
22 | | amount specified in subsection
(b) of this Section, shall be |
23 | | entitled to a monthly supplemental payment equal
to the |
24 | | difference.
|
25 | | (b) For purposes of the calculation in subsection (a), the |
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1 | | minimum monthly
retirement benefit amount is the sum of $25 for |
2 | | each year of service credit, up
to a maximum of 30 years of |
3 | | service.
|
4 | | (c) This Section applies to all persons receiving a |
5 | | retirement annuity under
this Article, without regard to |
6 | | whether or not employment terminated prior to
the effective |
7 | | date of this Section. The annual increase provided in |
8 | | subsection (e) of Section 15-134.6 1-160 does not apply to any |
9 | | benefit provided under this Section.
|
10 | | (Source: P.A. 96-1490, eff. 1-1-11.)
|
11 | | (40 ILCS 5/15-136.4)
|
12 | | Sec. 15-136.4. Retirement and Survivor Benefits Under |
13 | | Portable
Benefit Package. |
14 | | (a) This Section 15-136.4 describes the form of annuity and |
15 | | survivor
benefits available to a participant who has elected |
16 | | the portable benefit
package and has completed the one-year |
17 | | waiting period required under subsection
(e) of Section |
18 | | 15-134.5. For purposes of this Section, the term
"eligible |
19 | | spouse" means the husband or wife of a participant to whom the
|
20 | | participant is married on the date the participant's annuity
|
21 | | payment period begins, provided however, that if the |
22 | | participant should die prior
to the commencement of retirement |
23 | | annuity benefits, then "eligible spouse"
means the husband or |
24 | | wife, if any, to whom
the participant was married throughout |
25 | | the one-year period preceding the date
of his or her death.
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1 | | (b) This subsection (b) describes the normal form of |
2 | | annuity payable
to a participant subject to this Section |
3 | | 15-136.4. If the participant is
unmarried on the date his or |
4 | | her annuity payment period begins, then the annuity
payments |
5 | | shall be made in the form of a single-life annuity as described |
6 | | in
Section 15-118. If the participant is married on the date |
7 | | his or her annuity
payments commence, then the annuity payments |
8 | | shall be paid in the form of a
qualified joint and survivor |
9 | | annuity that is the actuarial equivalent of the
single-life |
10 | | annuity. Under the "qualified joint and survivor annuity", a
|
11 | | reduced amount shall be paid to the participant for his or her |
12 | | lifetime and his
or her eligible spouse, if surviving at the |
13 | | participant's death, shall be
entitled to receive thereafter a |
14 | | lifetime survivorship annuity in a monthly
amount equal to 50% |
15 | | of the reduced monthly amount that was payable to the
|
16 | | participant. The last payment of a qualified joint and survivor |
17 | | annuity shall
be made as of the first day of the month in which |
18 | | the death of the survivor
occurs.
|
19 | | (c) Instead of the normal form of annuity that would be |
20 | | paid under
subsection (b), a participant may elect in writing |
21 | | within the 90-day period
prior to the date his or her annuity |
22 | | payments commence to waive the normal form
of annuity payment |
23 | | and receive an optional form of payment as described in
|
24 | | subsection (h). If the participant is married and elects an |
25 | | optional form of
payment under subsection (h) other than a |
26 | | joint and survivor annuity with the
eligible spouse designated |
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1 | | as the contingent annuitant, then such election
shall require |
2 | | the consent of his or her eligible spouse in the manner |
3 | | described
in subsection (d). At any time during the 90-day |
4 | | period preceding the date the
participant's payment period |
5 | | begins, the participant may revoke the optional form
of payment |
6 | | elected under this subsection (c) and reinstate coverage under |
7 | | the qualified
joint and survivor annuity without the spouse's |
8 | | consent, but an election to
revoke the optional form elected |
9 | | and elect a new optional form of payment or designate a
|
10 | | different contingent annuitant shall not be effective without |
11 | | the eligible
spouse's consent.
|
12 | | (d) The eligible spouse's consent to any election made
|
13 | | pursuant to this Section that requires the eligible spouse's |
14 | | consent shall be
in writing and shall acknowledge the effect of |
15 | | the consent. In addition, the
eligible spouse's signature on |
16 | | the written consent must be witnessed by a
notary public. The |
17 | | eligible spouse's consent need not be obtained if the
system is |
18 | | satisfied that there is no eligible spouse, that the eligible |
19 | | spouse
cannot be located, or because of any other relevant |
20 | | circumstances. An eligible
spouse's consent under this Section |
21 | | is valid only with respect to the specified
optional form of |
22 | | payment and, if applicable, contingent
annuitant designated by |
23 | | the participant. If the optional form of payment or
the |
24 | | contingent annuitant is subsequently changed (other than
by a |
25 | | revocation of the optional form of payment and reinstatement of |
26 | | the qualified joint
and survivor annuity), a new consent by the |
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1 | | eligible spouse is required. The
eligible spouse's consent to |
2 | | an election made by a participant pursuant to this
Section, |
3 | | once made, may not be revoked by the eligible spouse.
|
4 | | (e) Within a reasonable period of time preceding the date a
|
5 | | participant's annuity commences, a participant shall be |
6 | | supplied with a written
explanation of (1) the terms and |
7 | | conditions of the normal form single-life
annuity and qualified |
8 | | joint and survivor annuity, (2) the
participant's right to |
9 | | elect a single-life annuity or an optional
form of payment |
10 | | under subsection (h) subject to his or her eligible
spouse's |
11 | | consent, if applicable, and (3) the participant's right to
|
12 | | reinstate coverage under the qualified joint and survivor |
13 | | annuity
prior to his or her annuity commencement date by |
14 | | revoking an election of an
optional form of payment under |
15 | | subsection (h).
|
16 | | (f) If a married participant with at least 1.5 years of
|
17 | | service dies prior to commencing retirement annuity payments |
18 | | and prior to
taking a refund under Section 15-154, his or her |
19 | | eligible spouse is entitled
to receive a pre-retirement |
20 | | survivor annuity, if there is not then in effect
a waiver of |
21 | | the pre-retirement survivor annuity. The pre-retirement |
22 | | survivor
annuity payable under this subsection shall be a |
23 | | monthly annuity payable for
the eligible spouse's life, |
24 | | commencing as of the beginning of the month next
following the |
25 | | later of the date of the participant's death or the date the
|
26 | | participant would have first met the eligibility requirements |
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1 | | for retirement,
and continuing through the beginning of the |
2 | | month in which the death of the
eligible spouse occurs. The |
3 | | monthly amount payable to the spouse under the
pre-retirement |
4 | | survivor annuity shall be equal to the monthly
amount that |
5 | | would be payable as a survivor annuity under the qualified |
6 | | joint
and survivor annuity described in subsection (b) if: (1) |
7 | | in the case of a
participant who dies on or after the date on |
8 | | which the participant has
met the eligibility requirements for |
9 | | retirement, the participant had retired
with an immediate |
10 | | qualified joint and
survivor annuity on the day before the |
11 | | participant's date of death; or (2) in
the case of a |
12 | | participant who dies before the earliest date on
which the |
13 | | participant would have met the eligibility requirements for |
14 | | retirement age, the participant had separated from
service on |
15 | | the date of death, survived to the earliest retirement age |
16 | | based
on service prior to his or her death, retired with an |
17 | | immediate qualified
joint and survivor annuity at the earliest |
18 | | retirement age, and died on the day
after the day on which the |
19 | | participant would have attained the earliest
retirement age.
|
20 | | (g) A married participant who has not retired may elect at |
21 | | any time to
waive the pre-retirement survivor annuity described |
22 | | in subsection (f). Any
such election shall require the consent |
23 | | of the participant's eligible spouse
in the manner described in |
24 | | subsection (d). A waiver of the pre-retirement
survivor annuity |
25 | | shall increase the lump sum death benefit payable under
|
26 | | subsection (b) of Section 15-141. Prior to electing any waiver |
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1 | | of the
pre-retirement survivor annuity, the participant shall |
2 | | be provided with a
written explanation of (1) the terms and |
3 | | conditions of the pre-retirement
survivor annuity and the death |
4 | | benefits payable from the system both with and
without the |
5 | | pre-retirement survivor annuity, (2) the participant's right |
6 | | to
elect a waiver of the pre-retirement survivor annuity |
7 | | coverage subject to his
or her spouse's consent, and (3) the |
8 | | participant's right to reinstate
pre-retirement survivor |
9 | | annuity coverage at any time by revoking a prior waiver
of such |
10 | | coverage.
|
11 | | (h) By filing a timely election with the system, a |
12 | | participant who will
be eligible to receive a retirement |
13 | | annuity under this Section may waive the
normal form of annuity |
14 | | payment described in subsection (b), subject to
obtaining the |
15 | | consent of his or her eligible spouse, if applicable, and elect
|
16 | | to receive any one of the following optional forms of payment:
|
17 | | (1) Joint and Survivor Annuity Options: The |
18 | | participant may elect to
receive a reduced annuity payable |
19 | | for his or her life and to have a lifetime
survivorship |
20 | | annuity in a monthly amount equal to 50%, 75%, or 100% (as |
21 | | elected
by the participant) of that reduced monthly amount, |
22 | | to be paid after the
participant's death to his or her |
23 | | contingent annuitant, if the contingent
annuitant is alive |
24 | | at the time of the participant's death.
|
25 | | (2) Single-Life Annuity Option (optional for married |
26 | | participants). The
participant may elect to receive a |
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1 | | single-life annuity payable for his or her
life only.
|
2 | | (3) Lump sum retirement benefit. The participant may |
3 | | elect to receive a
lump sum retirement benefit that is |
4 | | equal to the amount of a refund payable
under Section |
5 | | 15-154(a-2) , as modified for periods of service beginning |
6 | | on or after July 1, 2013 .
|
7 | | All joint and survivor annuity forms shall be in an amount that |
8 | | is the actuarial
equivalent of the single-life annuity.
|
9 | | For the purposes of this Section, the term "contingent |
10 | | annuitant" means the
beneficiary who is designated by a |
11 | | participant at the time the participant
elects a joint and |
12 | | survivor annuity to receive the lifetime survivorship
annuity |
13 | | in the event the beneficiary survives the participant at the
|
14 | | participant's death.
|
15 | | (i) Under no circumstances may an option be elected, |
16 | | changed, or revoked
after the date the participant's retirement |
17 | | annuity commences.
|
18 | | (j) An election made pursuant to subsection (h)
shall |
19 | | become inoperative if the participant or the
contingent |
20 | | annuitant dies before the date the participant's annuity |
21 | | payments
commence, or if the eligible spouse's consent is |
22 | | required and not given.
|
23 | | (k) (Blank).
|
24 | | (l) The automatic annual increases described in subsection |
25 | | (d) of Section
15-136 shall apply to retirement benefits under |
26 | | the portable benefit package
and the automatic annual increases |
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1 | | described in subsection (j) of Section
15-145 shall apply to |
2 | | survivor benefits under the portable benefit package.
|
3 | | (Source: P.A. 96-586, eff. 8-18-09.)
|
4 | | (40 ILCS 5/15-136.5 new) |
5 | | Sec. 15-136.5. Minimum benefit and allocation provisions. |
6 | | Each employee participating in the System shall receive a |
7 | | minimum benefit or allocation for service on or after July 1, |
8 | | 2013 determined as follows: |
9 | | (1) If the employee is participating in the traditional or |
10 | | portable benefit package or the revised benefit package, the |
11 | | employee shall receive a minimum benefit (commencing on his or |
12 | | her Social Security retirement age) for the employee's period |
13 | | of service covered by each such defined benefit package that is |
14 | | equal to the annual primary insurance amount the employee would |
15 | | have under Social Security for such period of service. For the |
16 | | purposes of this item (1), the primary insurance amount an |
17 | | individual would have under Social Security shall be calculated |
18 | | so that the System meets the requirements necessary to be |
19 | | considered a retirement system under Section 3121(b)(7)(F) of |
20 | | the Internal Revenue Code and the regulations in effect |
21 | | thereunder. |
22 | | (2) If the employee is participating in the self-managed |
23 | | plan, the employee shall receive a minimum allocation equal to |
24 | | 7.5% of the employee's earnings for service during the period. |
25 | | All contributions shall be taken into account for this purpose. |
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1 | | For the purposes of this paragraph (2), the minimum allocation |
2 | | shall be calculated so that the System meets the requirements |
3 | | necessary to be considered a retirement system under Section |
4 | | 3121(b)(7)(F) of the Internal Revenue Code and the regulations |
5 | | in effect thereunder.
|
6 | | (40 ILCS 5/15-141) (from Ch. 108 1/2, par. 15-141)
|
7 | | Sec. 15-141. Death benefits - Death of participant.
|
8 | | (a) The beneficiary of a participant under the traditional |
9 | | benefit
package is entitled to a death benefit equal to the sum |
10 | | of (1) the employee's
accumulated normal and additional
|
11 | | contributions on the date of death, (2) the employee's |
12 | | accumulated
survivors insurance contributions on the date of |
13 | | death, if a survivors
insurance benefit is not payable, (3) an |
14 | | amount equal to the employee's
final rate of earnings, but not |
15 | | more than $5,000, if
(i) the beneficiary, under rules of the |
16 | | board, was dependent upon the
participant, (ii) the participant |
17 | | was a participating employee
immediately prior to his or her |
18 | | death, and (iii) a survivors insurance benefit
is not payable, |
19 | | and (4) $2,500 if (i) the beneficiary was not dependent
upon |
20 | | the participant, (ii) the participant was a participating |
21 | | employee
immediately prior to his or her death, and (iii) a |
22 | | survivors insurance benefit
is not payable.
|
23 | | (b) If the participant has elected to participate in the
|
24 | | portable benefit package and has completed the one-year waiting |
25 | | period
required under subsection (e) of Section 15-134.5, the |
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1 | | death benefit
shall be equal to the employee's accumulated |
2 | | normal and additional
contributions on the date of death plus, |
3 | | if the employee died with 1.5 or more years of service for |
4 | | employment as defined in Section 15-113.1,
employer |
5 | | contributions in an amount equal to the sum of the accumulated |
6 | | normal
and additional contributions; except that if a |
7 | | pre-retirement survivor annuity
is payable under Section |
8 | | 15-136.4, the death benefit payable under this
paragraph shall |
9 | | be reduced, but to not less than zero, by the actuarial value
|
10 | | of the benefit payable to the surviving spouse. If the |
11 | | recipient of a
pre-retirement survivor annuity dies before an |
12 | | amount equal to all accumulated
normal and additional |
13 | | contributions as of the date of death have been paid out,
the |
14 | | remaining difference shall be paid to the member's beneficiary. |
15 | | The
primary beneficiary of the participant must be his or her |
16 | | spouse unless the
spouse has consented to the designation of |
17 | | another beneficiary in the manner
described in subsection (d) |
18 | | of Section 15-136.4.
|
19 | | (c) If payments are made under any State or federal |
20 | | workers'
compensation or occupational diseases law because of |
21 | | the death of an
employee, the portion of the death benefit |
22 | | payable from employer
contributions shall be reduced by the |
23 | | total amount of the payments.
|
24 | | (d) Beginning on July 1, 2013, for purposes of calculating |
25 | | the death benefit under subsection (b) of this Section, |
26 | | employee contributions in excess of the employee contribution |
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1 | | rates that apply to that benefit and are in effect immediately |
2 | | prior to July 1, 2013 shall not be considered when determining |
3 | | the participant's accumulated normal and additional |
4 | | contributions or the employer contribution, provided that the |
5 | | death benefit amount attributable to service on or after July |
6 | | 1, 2013 shall not be less than the participant's employee |
7 | | contributions during such period of service. |
8 | | (Source: P.A. 95-83, eff. 8-13-07.)
|
9 | | (40 ILCS 5/15-146) (from Ch. 108 1/2, par. 15-146)
|
10 | | Sec. 15-146. Survivors insurance benefits - Minimum |
11 | | amounts.
|
12 | | (a) The minimum total survivors annuity payable on account |
13 | | of the
death of a participant shall be 50% of the retirement |
14 | | annuity which
would have been provided under Rule 1, Rule 2, |
15 | | Rule 3, or Rule 5 of
Section 15-136 upon the participant's |
16 | | attainment of the minimum
age at which the penalty for early |
17 | | retirement would not be applicable or
the date of the |
18 | | participant's death, whichever is later, on the basis of
|
19 | | credits earned prior to the time of death.
|
20 | | (b) The minimum total survivors annuity payable on account |
21 | | of the death
of an annuitant shall be 50% of the retirement |
22 | | annuity which is payable
under Section 15-136 at the time of |
23 | | death or 50% of the disability retirement
annuity payable under |
24 | | Section 15-153.2. This
minimum survivors annuity shall apply to |
25 | | each participant and
annuitant who dies after September 16, |
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1 | | 1979, whether or not
his or her employee status terminates |
2 | | before or after that date.
|
3 | | (c) If an annuitant has elected a reversionary annuity, the |
4 | | retirement
annuity referred to in this Section is that which |
5 | | would have been payable
had such election not been filed.
|
6 | | (d) Beginning January 1, 2002, any person who is receiving |
7 | | a survivors
annuity under this Article which, after inclusion |
8 | | of all one-time and automatic
annual increases to which the |
9 | | person is entitled, is less than the sum of
$17.50 for each |
10 | | year (up to a maximum of 30 years) of the deceased member's
|
11 | | service credit, shall be entitled to a monthly supplemental |
12 | | payment equal to
the difference.
|
13 | | If 2 or more persons are receiving survivors annuities |
14 | | based on the same
deceased member, the calculation of the |
15 | | supplemental payment under this
subsection shall be based on |
16 | | the total of those annuities and divided pro
rata. The |
17 | | supplemental payment is not subject to any limitation on the
|
18 | | maximum amount of the annuity and shall not be included in the |
19 | | calculation
of any automatic annual increase under Section |
20 | | 15-145. The annual increase provided in subsection (f) of |
21 | | Section 15-134.6 1-160 does not apply to any benefit provided |
22 | | under this subsection.
|
23 | | (Source: P.A. 96-1490, eff. 1-1-11.)
|
24 | | (40 ILCS 5/15-154) (from Ch. 108 1/2, par. 15-154)
|
25 | | Sec. 15-154. Refunds.
|
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1 | | (a) A participant whose status as an employee is |
2 | | terminated, regardless of
cause, or who has been on lay off |
3 | | status for more than 120 days, and who is not
on leave of |
4 | | absence, is entitled to a refund of contributions upon |
5 | | application;
except that not more than one such refund |
6 | | application may be made during any
academic year.
|
7 | | Except as set forth in subsections (a-1) and (a-2), the |
8 | | refund shall
be the sum of the accumulated normal, additional, |
9 | | and survivors insurance
contributions, plus the entire |
10 | | contribution made by the participant under
Section 15-113.3, |
11 | | less the amount of interest credited on these contributions
|
12 | | each year in excess of 4 1/2% of the amount on which interest |
13 | | was calculated.
|
14 | | (a-1) A person who elects, in accordance with the |
15 | | requirements of Section
15-134.5, to participate in the |
16 | | portable benefit package and who becomes a
participating |
17 | | employee under that retirement program upon the conclusion of
|
18 | | the one-year waiting period applicable to the portable benefit |
19 | | package election
shall have his or her refund calculated in |
20 | | accordance with the provisions of
subsection (a-2).
|
21 | | (a-2) The refund payable to a participant described in |
22 | | subsection (a-1)
shall be the sum of the participant's |
23 | | accumulated normal and additional
contributions, as defined in |
24 | | Sections 15-116 and 15-117, plus the entire
contribution made |
25 | | by the participant under Section 15-113.3. If the
participant |
26 | | terminates with 5 or more years of service for employment as
|
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1 | | defined in Section 15-113.1, he or she shall also be entitled |
2 | | to a distribution
of employer contributions in an amount equal |
3 | | to the sum of the accumulated
normal and additional |
4 | | contributions, as defined in Sections 15-116 and 15-117. |
5 | | Beginning on July 1, 2013, for purposes of calculating the |
6 | | refund amount payable to a participant described in subsection |
7 | | (a-1), employee contributions in excess of the employee |
8 | | contribution rates that apply to that benefit and are in effect |
9 | | immediately prior to July 1, 2013 shall not be considered when |
10 | | determining the participant's accumulated normal and |
11 | | additional contributions or the employer contribution, |
12 | | provided that the refund amount attributable to service on or |
13 | | after July 1, 2013 shall not be less than the participant's |
14 | | employee contributions during such period of service.
|
15 | | (b) Upon acceptance of a refund, the participant forfeits |
16 | | all
accrued rights and credits in the System, and if |
17 | | subsequently reemployed, the
participant shall be considered a |
18 | | new employee subject to all the qualifying
conditions for |
19 | | participation and eligibility for benefits applicable to new
|
20 | | employees. If such person again becomes a participating |
21 | | employee and continues
as such for 2 years, or is employed by |
22 | | an employer and participates for at
least 2 years in the |
23 | | Federal Civil Service Retirement System, all such rights,
|
24 | | credits, and previous status as a participant shall be restored |
25 | | upon repayment
of the amount of the refund, together with |
26 | | compound interest thereon from the
date the refund was received |
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1 | | to the date of repayment at the rate of 6% per
annum through |
2 | | August 31, 1982, and at the effective rates after that date.
|
3 | | When a participant in the portable benefit package who received |
4 | | a refund
which included a distribution of employer |
5 | | contributions repays a refund
pursuant to this Section, |
6 | | one-half of the amount repaid shall be deemed the
member's |
7 | | reinstated accumulated normal and additional contributions and |
8 | | the
other half shall be allocated as an employer contribution |
9 | | to the System,
except that any amount repaid for previously |
10 | | purchased military service
credit under Section 15-113.3 shall |
11 | | be accounted for as such.
|
12 | | (c) If a participant covered under the traditional
benefit |
13 | | package has made survivors insurance contributions, but has no
|
14 | | survivors insurance beneficiary upon retirement, he or she |
15 | | shall be entitled
to elect a refund of the accumulated |
16 | | survivors insurance contributions, or to
elect an additional |
17 | | annuity the value of which is equal to the accumulated
|
18 | | survivors insurance contributions. This election must be made |
19 | | prior to the
date the person's retirement annuity is approved |
20 | | by the System.
|
21 | | (d) A participant, upon application, is entitled to a |
22 | | refund of his
or her accumulated additional contributions |
23 | | attributable to the additional
contributions described in the |
24 | | last sentence of subsection (c) of Section
15-157. Upon the |
25 | | acceptance of such a refund of accumulated additional
|
26 | | contributions, the participant forfeits all rights and credits |
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1 | | which may
have accrued because of such contributions.
|
2 | | (e) A participant who terminates his or her employee status |
3 | | and elects to
waive service credit under Section 15-154.2, is |
4 | | entitled to a refund of the
accumulated normal, additional and |
5 | | survivors insurance contributions, if any,
which were credited |
6 | | the participant for this service, or to an additional
annuity |
7 | | the value of which is equal to the accumulated normal, |
8 | | additional and
survivors insurance contributions, if any; |
9 | | except that not more than one such
refund application may be |
10 | | made during any academic year. Upon acceptance of
this refund, |
11 | | the participant forfeits all rights and credits accrued because
|
12 | | of this service.
|
13 | | (f) If a police officer or firefighter receives a |
14 | | retirement annuity
under Rule 1 or 3 of Section 15-136, he or |
15 | | she shall be entitled at
retirement to a refund of the |
16 | | difference between his or her accumulated
normal contributions |
17 | | and the normal contributions which would have
accumulated had |
18 | | such person filed a waiver of the retirement formula
provided |
19 | | by Rule 4 of Section 15-136.
|
20 | | (g) If, at the time of retirement, a participant would be |
21 | | entitled to
a retirement annuity under Rule 1, 2, 3, 4, or 5 of |
22 | | Section 15-136, or under
Section 15-136.4, that exceeds
the |
23 | | maximum specified in clause (1) of subsection (c) of Section |
24 | | 15-136, he
or she shall be entitled to a refund of the employee |
25 | | contributions, if any,
paid under Section 15-157 after the date |
26 | | upon which continuance of such
contributions would have |
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1 | | otherwise caused the retirement annuity to exceed
this maximum, |
2 | | plus compound interest at the effective rates.
|
3 | | (Source: P.A. 92-16, eff. 6-28-01;
92-424, eff. 8-17-01; |
4 | | 93-347, eff. 7-24-03.)
|
5 | | (40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
|
6 | | Sec. 15-155. Employer contributions.
|
7 | | (a) The State of Illinois shall make contributions by |
8 | | appropriations of
amounts which, together with the other |
9 | | employer contributions from trust,
federal, and other funds, |
10 | | employee contributions, income from investments,
and other |
11 | | income of this System, will be sufficient to meet the cost of
|
12 | | maintaining and administering the System on a 90% funded basis |
13 | | in accordance
with actuarial recommendations.
|
14 | | The Board shall determine the amount of State contributions |
15 | | required for
each fiscal year on the basis of the actuarial |
16 | | tables and other assumptions
adopted by the Board and the |
17 | | recommendations of the actuary, using the formula
in subsection |
18 | | (a-1).
|
19 | | (a-1) For State fiscal years 2014 2012 through 2045, the |
20 | | minimum contribution
to the System to be made by the State for |
21 | | each fiscal year shall be an amount equal to the sum of (i) the
|
22 | | contribution determined under Section 15-155.1, plus (ii) an |
23 | | amount
determined by the System to be sufficient to bring the |
24 | | total assets of the
System up to 90% of the total actuarial |
25 | | liabilities of the System by the end of
State fiscal year 2045. |
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1 | | In making the these determinations under item (ii) of this |
2 | | subsection (a-1), for State fiscal years 2017 through 2045 , the |
3 | | required State
contribution shall be calculated each year as a |
4 | | level percentage of revenue provided by the individual income |
5 | | tax, sales tax, and corporate income tax assuming a 2.3% |
6 | | average annual growth rate in these revenues based on the most |
7 | | recent fiscal year's actual revenues as reported by the |
8 | | Commission on Government Forecasting and Accountability |
9 | | payroll
over the years remaining to and including fiscal year |
10 | | 2045 and shall be
determined under the projected unit credit |
11 | | actuarial cost method.
|
12 | | Notwithstanding any other provision of this Article, for |
13 | | For State fiscal years 2014 1996 through 2016 2005 , the State |
14 | | contribution to
the System under item (ii) of this subsection |
15 | | (a-1) , as a percentage of State revenue from the individual |
16 | | income tax, sales tax, and corporate income tax the applicable |
17 | | employee payroll , shall be
increased in equal annual increments |
18 | | so that by State fiscal year 2017 2011 , the
State is |
19 | | contributing at the rate required under this Section.
|
20 | | For State fiscal years 2014 through 2045, the total State |
21 | | contribution required in each fiscal year under this subsection |
22 | | (a-1) must not be less than 100% of the prior fiscal year's |
23 | | actual or required contribution, whichever is greater. |
24 | | Notwithstanding any other provision of this Article, the |
25 | | total required State contribution for this System for State |
26 | | fiscal year 2013 shall be $1,434,771,284. |
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1 | | Notwithstanding any other provision of this Article, the |
2 | | total required State
contribution for State fiscal year 2006 is |
3 | | $166,641,900.
|
4 | | Notwithstanding any other provision of this Article, the |
5 | | total required State
contribution for State fiscal year 2007 is |
6 | | $252,064,100.
|
7 | | For each of State fiscal years 2008 through 2009, the State |
8 | | contribution to
the System, as a percentage of the applicable |
9 | | employee payroll, shall be
increased in equal annual increments |
10 | | from the required State contribution for State fiscal year |
11 | | 2007, so that by State fiscal year 2011, the
State is |
12 | | contributing at the rate otherwise required under this Section.
|
13 | | Notwithstanding any other provision of this Article, the |
14 | | total required State contribution for State fiscal year 2010 is |
15 | | $702,514,000 and shall be made from the State Pensions Fund and |
16 | | proceeds of bonds sold in fiscal year 2010 pursuant to Section |
17 | | 7.2 of the General Obligation Bond Act, less (i) the pro rata |
18 | | share of bond sale expenses determined by the System's share of |
19 | | total bond proceeds, (ii) any amounts received from the General |
20 | | Revenue Fund in fiscal year 2010, (iii) any reduction in bond |
21 | | proceeds due to the issuance of discounted bonds, if |
22 | | applicable. |
23 | | Notwithstanding any other provision of this Article, the
|
24 | | total required State contribution for State fiscal year 2011 is
|
25 | | the amount recertified by the System on or before April 1, 2011 |
26 | | pursuant to Section 15-165 and shall be made from the State |
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1 | | Pensions Fund and
proceeds of bonds sold in fiscal year 2011 |
2 | | pursuant to Section
7.2 of the General Obligation Bond Act, |
3 | | less (i) the pro rata
share of bond sale expenses determined by |
4 | | the System's share of
total bond proceeds, (ii) any amounts |
5 | | received from the General
Revenue Fund in fiscal year 2011, and |
6 | | (iii) any reduction in bond
proceeds due to the issuance of |
7 | | discounted bonds, if
applicable. |
8 | | Notwithstanding any other provision of this Article, the |
9 | | total required State contribution for fiscal year 2011 is |
10 | | $775,781,000, and the total required State contribution for |
11 | | fiscal year 2012 is 980,485,000. |
12 | | Beginning in State fiscal year 2046, the minimum State |
13 | | contribution for
each fiscal year shall be an amount equal to |
14 | | the contribution determined under Section 15-155.1, plus the |
15 | | amount needed to maintain the total assets of
the System at 90% |
16 | | of the total actuarial liabilities of the System.
|
17 | | Amounts received by the System pursuant to Section 25 of |
18 | | the Budget Stabilization Act or Section 8.12 of the State |
19 | | Finance Act in any fiscal year do not reduce and do not |
20 | | constitute payment of any portion of the minimum State |
21 | | contribution required under this Article in that fiscal year. |
22 | | Such amounts shall not reduce, and shall not be included in the |
23 | | calculation of, the required State contributions under this |
24 | | Article in any future year until the System has reached a |
25 | | funding ratio of at least 90%. A reference in this Article to |
26 | | the "required State contribution" or any substantially similar |
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1 | | term does not include or apply to any amounts payable to the |
2 | | System under Section 25 of the Budget Stabilization Act. |
3 | | Notwithstanding any other provision of this Section, the |
4 | | required State
contribution for State fiscal year 2005 and for |
5 | | fiscal year 2008 and each fiscal year thereafter, as
calculated |
6 | | under this Section and
certified under Section 15-165, shall |
7 | | not exceed an amount equal to (i) the
amount of the required |
8 | | State contribution that would have been calculated under
this |
9 | | Section for that fiscal year if the System had not received any |
10 | | payments
under subsection (d) of Section 7.2 of the General |
11 | | Obligation Bond Act, minus
(ii) the portion of the State's |
12 | | total debt service payments for that fiscal
year on the bonds |
13 | | issued in fiscal year 2003 for the purposes of that Section |
14 | | 7.2, as determined
and certified by the Comptroller, that is |
15 | | the same as the System's portion of
the total moneys |
16 | | distributed under subsection (d) of Section 7.2 of the General
|
17 | | Obligation Bond Act. In determining this maximum for State |
18 | | fiscal years 2008 through 2010, however, the amount referred to |
19 | | in item (i) shall be increased, as a percentage of the |
20 | | applicable employee payroll, in equal increments calculated |
21 | | from the sum of the required State contribution for State |
22 | | fiscal year 2007 plus the applicable portion of the State's |
23 | | total debt service payments for fiscal year 2007 on the bonds |
24 | | issued in fiscal year 2003 for the purposes of Section 7.2 of |
25 | | the General
Obligation Bond Act, so that, by State fiscal year |
26 | | 2011, the
State is contributing at the rate otherwise required |
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1 | | under this Section.
|
2 | | (b) If an employee is paid from trust or federal funds, the |
3 | | employer
shall pay to the Board contributions from those funds |
4 | | which are
sufficient to cover the accruing normal costs on |
5 | | behalf of the employee.
However, universities having employees |
6 | | who are compensated out of local
auxiliary funds, income funds, |
7 | | or service enterprise funds are not required
to pay such |
8 | | contributions on behalf of those employees. The local auxiliary
|
9 | | funds, income funds, and service enterprise funds of |
10 | | universities shall not be
considered trust funds for the |
11 | | purpose of this Article, but funds of alumni
associations, |
12 | | foundations, and athletic associations which are affiliated |
13 | | with
the universities included as employers under this Article |
14 | | and other employers
which do not receive State appropriations |
15 | | are considered to be trust funds for
the purpose of this |
16 | | Article.
|
17 | | (b-1) The City of Urbana and the City of Champaign shall |
18 | | each make
employer contributions to this System for their |
19 | | respective firefighter
employees who participate in this |
20 | | System pursuant to subsection (h) of Section
15-107. The rate |
21 | | of contributions to be made by those municipalities shall
be |
22 | | determined annually by the Board on the basis of the actuarial |
23 | | assumptions
adopted by the Board and the recommendations of the |
24 | | actuary, and shall be
expressed as a percentage of salary for |
25 | | each such employee. The Board shall
certify the rate to the |
26 | | affected municipalities as soon as may be practical.
The |
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1 | | employer contributions required under this subsection shall be |
2 | | remitted by
the municipality to the System at the same time and |
3 | | in the same manner as
employee contributions.
|
4 | | (c) Through State fiscal year 1995: The total employer |
5 | | contribution shall
be apportioned among the various funds of |
6 | | the State and other employers,
whether trust, federal, or other |
7 | | funds, in accordance with actuarial procedures
approved by the |
8 | | Board. State of Illinois contributions for employers receiving
|
9 | | State appropriations for personal services shall be payable |
10 | | from appropriations
made to the employers or to the System. The |
11 | | contributions for Class I
community colleges covering earnings |
12 | | other than those paid from trust and
federal funds, shall be |
13 | | payable solely from appropriations to the Illinois
Community |
14 | | College Board or the System for employer contributions.
|
15 | | (d) Beginning in State fiscal year 1996, the required State |
16 | | contributions
to the System shall be appropriated directly to |
17 | | the System and shall be payable
through vouchers issued in |
18 | | accordance with subsection (c) of Section 15-165, except as |
19 | | provided in subsection (g).
|
20 | | (e) The State Comptroller shall draw warrants payable to |
21 | | the System upon
proper certification by the System or by the |
22 | | employer in accordance with the
appropriation laws and this |
23 | | Code.
|
24 | | (f) Normal costs under this Section means liability for
|
25 | | pensions and other benefits which accrues to the System because |
26 | | of the
credits earned for service rendered by the participants |
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1 | | during the
fiscal year and expenses of administering the |
2 | | System, but shall not
include the principal of or any |
3 | | redemption premium or interest on any bonds
issued by the Board |
4 | | or any expenses incurred or deposits required in
connection |
5 | | therewith.
|
6 | | (g) If the amount of a participant's earnings for any |
7 | | academic year used to determine the final rate of earnings, |
8 | | determined on a full-time equivalent basis, exceeds the amount |
9 | | of his or her earnings with the same employer for the previous |
10 | | academic year, determined on a full-time equivalent basis, by |
11 | | more than 6%, the participant's employer shall pay to the |
12 | | System, in addition to all other payments required under this |
13 | | Section and in accordance with guidelines established by the |
14 | | System, the present value of the increase in benefits resulting |
15 | | from the portion of the increase in earnings that is in excess |
16 | | of 6%. This present value shall be computed by the System on |
17 | | the basis of the actuarial assumptions and tables used in the |
18 | | most recent actuarial valuation of the System that is available |
19 | | at the time of the computation. The System may require the |
20 | | employer to provide any pertinent information or |
21 | | documentation. |
22 | | Whenever it determines that a payment is or may be required |
23 | | under this subsection (g), the System shall calculate the |
24 | | amount of the payment and bill the employer for that amount. |
25 | | The bill shall specify the calculations used to determine the |
26 | | amount due. If the employer disputes the amount of the bill, it |
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1 | | may, within 30 days after receipt of the bill, apply to the |
2 | | System in writing for a recalculation. The application must |
3 | | specify in detail the grounds of the dispute and, if the |
4 | | employer asserts that the calculation is subject to subsection |
5 | | (h) or (i) of this Section, must include an affidavit setting |
6 | | forth and attesting to all facts within the employer's |
7 | | knowledge that are pertinent to the applicability of subsection |
8 | | (h) or (i). Upon receiving a timely application for |
9 | | recalculation, the System shall review the application and, if |
10 | | appropriate, recalculate the amount due.
|
11 | | The employer contributions required under this subsection |
12 | | (f) may be paid in the form of a lump sum within 90 days after |
13 | | receipt of the bill. If the employer contributions are not paid |
14 | | within 90 days after receipt of the bill, then interest will be |
15 | | charged at a rate equal to the System's annual actuarially |
16 | | assumed rate of return on investment compounded annually from |
17 | | the 91st day after receipt of the bill. Payments must be |
18 | | concluded within 3 years after the employer's receipt of the |
19 | | bill. |
20 | | (h) This subsection (h) applies only to payments made or |
21 | | salary increases given on or after June 1, 2005 but before July |
22 | | 1, 2011. The changes made by Public Act 94-1057 shall not |
23 | | require the System to refund any payments received before July |
24 | | 31, 2006 (the effective date of Public Act 94-1057). |
25 | | When assessing payment for any amount due under subsection |
26 | | (g), the System shall exclude earnings increases paid to |
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1 | | participants under contracts or collective bargaining |
2 | | agreements entered into, amended, or renewed before June 1, |
3 | | 2005.
|
4 | | When assessing payment for any amount due under subsection |
5 | | (g), the System shall exclude earnings increases paid to a |
6 | | participant at a time when the participant is 10 or more years |
7 | | from retirement eligibility under Section 15-135.
|
8 | | When assessing payment for any amount due under subsection |
9 | | (g), the System shall exclude earnings increases resulting from |
10 | | overload work, including a contract for summer teaching, or |
11 | | overtime when the employer has certified to the System, and the |
12 | | System has approved the certification, that: (i) in the case of |
13 | | overloads (A) the overload work is for the sole purpose of |
14 | | academic instruction in excess of the standard number of |
15 | | instruction hours for a full-time employee occurring during the |
16 | | academic year that the overload is paid and (B) the earnings |
17 | | increases are equal to or less than the rate of pay for |
18 | | academic instruction computed using the participant's current |
19 | | salary rate and work schedule; and (ii) in the case of |
20 | | overtime, the overtime was necessary for the educational |
21 | | mission. |
22 | | When assessing payment for any amount due under subsection |
23 | | (g), the System shall exclude any earnings increase resulting |
24 | | from (i) a promotion for which the employee moves from one |
25 | | classification to a higher classification under the State |
26 | | Universities Civil Service System, (ii) a promotion in academic |
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1 | | rank for a tenured or tenure-track faculty position, or (iii) a |
2 | | promotion that the Illinois Community College Board has |
3 | | recommended in accordance with subsection (k) of this Section. |
4 | | These earnings increases shall be excluded only if the |
5 | | promotion is to a position that has existed and been filled by |
6 | | a member for no less than one complete academic year and the |
7 | | earnings increase as a result of the promotion is an increase |
8 | | that results in an amount no greater than the average salary |
9 | | paid for other similar positions. |
10 | | (i) When assessing payment for any amount due under |
11 | | subsection (g), the System shall exclude any salary increase |
12 | | described in subsection (h) of this Section given on or after |
13 | | July 1, 2011 but before July 1, 2014 under a contract or |
14 | | collective bargaining agreement entered into, amended, or |
15 | | renewed on or after June 1, 2005 but before July 1, 2011. |
16 | | Notwithstanding any other provision of this Section, any |
17 | | payments made or salary increases given after June 30, 2014 |
18 | | shall be used in assessing payment for any amount due under |
19 | | subsection (g) of this Section.
|
20 | | (j) The System shall prepare a report and file copies of |
21 | | the report with the Governor and the General Assembly by |
22 | | January 1, 2007 that contains all of the following information: |
23 | | (1) The number of recalculations required by the |
24 | | changes made to this Section by Public Act 94-1057 for each |
25 | | employer. |
26 | | (2) The dollar amount by which each employer's |
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1 | | contribution to the System was changed due to |
2 | | recalculations required by Public Act 94-1057. |
3 | | (3) The total amount the System received from each |
4 | | employer as a result of the changes made to this Section by |
5 | | Public Act 94-4. |
6 | | (4) The increase in the required State contribution |
7 | | resulting from the changes made to this Section by Public |
8 | | Act 94-1057. |
9 | | (k) The Illinois Community College Board shall adopt rules |
10 | | for recommending lists of promotional positions submitted to |
11 | | the Board by community colleges and for reviewing the |
12 | | promotional lists on an annual basis. When recommending |
13 | | promotional lists, the Board shall consider the similarity of |
14 | | the positions submitted to those positions recognized for State |
15 | | universities by the State Universities Civil Service System. |
16 | | The Illinois Community College Board shall file a copy of its |
17 | | findings with the System. The System shall consider the |
18 | | findings of the Illinois Community College Board when making |
19 | | determinations under this Section. The System shall not exclude |
20 | | any earnings increases resulting from a promotion when the |
21 | | promotion was not submitted by a community college. Nothing in |
22 | | this subsection (k) shall require any community college to |
23 | | submit any information to the Community College Board.
|
24 | | (l) For purposes of determining the required State |
25 | | contribution to the System, the value of the System's assets |
26 | | shall be equal to the actuarial value of the System's assets, |
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1 | | which shall be calculated as follows: |
2 | | As of June 30, 2008, the actuarial value of the System's |
3 | | assets shall be equal to the market value of the assets as of |
4 | | that date. In determining the actuarial value of the System's |
5 | | assets for fiscal years after June 30, 2008, any actuarial |
6 | | gains or losses from investment return incurred in a fiscal |
7 | | year shall be recognized in equal annual amounts over the |
8 | | 5-year period following that fiscal year. |
9 | | (m) For purposes of determining the required State |
10 | | contribution to the system for a particular year, the actuarial |
11 | | value of assets shall be assumed to earn a rate of return equal |
12 | | to the system's actuarially assumed rate of return. |
13 | | (Source: P.A. 95-331, eff. 8-21-07; 95-950, eff. 8-29-08; |
14 | | 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; 96-1511, eff. |
15 | | 1-27-11; 96-1554, eff. 3-18-11; revised 4-6-11.)
|
16 | | (40 ILCS 5/15-155.1 new) |
17 | | Sec. 15-155.1. Additional State contribution. The |
18 | | following rules apply in determining the additional |
19 | | contribution by the State of Illinois in State fiscal year 2014 |
20 | | and each fiscal year thereafter: |
21 | | (1) With respect to employees who elect the traditional or |
22 | | portable benefit package, an amount equal to 6% of the total |
23 | | earnings of the employee group. |
24 | | (2) With respect to employees who elect the revised benefit |
25 | | package, an amount equal to 6% of the total pensionable |
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1 | | earnings of the employee group. |
2 | | (3) With respect to employees who elect the self-managed |
3 | | plan, an amount equal to (i) 6% of total earnings of the |
4 | | employee group and (ii) an amount determined by the System to |
5 | | fund the disability plan provided in this Article.
|
6 | | (40 ILCS 5/15-157) (from Ch. 108 1/2, par. 15-157)
|
7 | | Sec. 15-157. Employee Contributions.
|
8 | | (a) Each participating employee
shall make contributions |
9 | | towards the retirement
benefits payable under the retirement |
10 | | program applicable to the
employee from each payment
of |
11 | | earnings applicable to employment under this system on and |
12 | | after the
date of becoming a participant as follows: Prior to |
13 | | September 1, 1949,
3 1/2% of earnings; from September 1, 1949 |
14 | | to August 31, 1955, 5%; from
September 1, 1955 to August 31, |
15 | | 1969, 6%; from September 1, 1969, 6 1/2%.
These contributions |
16 | | are to be considered as normal contributions for purposes
of |
17 | | this Article.
|
18 | | Each participant who is a police officer or firefighter |
19 | | shall make normal
contributions of 8% of each payment of |
20 | | earnings applicable to employment as a
police officer or |
21 | | firefighter under this system on or after September 1, 1981,
|
22 | | unless he or she files with the board within 60 days after the |
23 | | effective date
of this amendatory Act of 1991 or 60 days after |
24 | | the board receives notice that
he or she is employed as a |
25 | | police officer or firefighter, whichever is later,
a written |
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1 | | notice waiving the retirement formula provided by Rule 4 of |
2 | | Section
15-136. This waiver shall be irrevocable. If a |
3 | | participant had met the
conditions set forth in Section |
4 | | 15-132.1 prior to the effective date of this
amendatory Act of |
5 | | 1991 but failed to make the additional normal contributions
|
6 | | required by this paragraph, he or she may elect to pay the |
7 | | additional
contributions plus compound interest at the |
8 | | effective rate. If such payment
is received by the board, the |
9 | | service shall be considered as police officer
service in |
10 | | calculating the retirement annuity under Rule 4 of Section |
11 | | 15-136.
While performing service described in clause (i) or |
12 | | (ii) of Rule 4 of Section
15-136, a participating employee |
13 | | shall be deemed to be employed as a
firefighter for the purpose |
14 | | of determining the rate of employee contributions
under this |
15 | | Section.
|
16 | | (b) Starting September 1, 1969, each participating |
17 | | employee shall make
additional contributions of 1/2 of 1% of |
18 | | earnings to finance a portion
of the cost of the annual |
19 | | increases in retirement annuity provided under
Section 15-136, |
20 | | except that with respect to participants in the
self-managed |
21 | | plan this additional contribution shall be used to finance the
|
22 | | benefits obtained under that retirement program.
|
23 | | (c) In addition to the amounts described in subsections (a) |
24 | | and (b) of this
Section, each participating employee shall make |
25 | | contributions of 1% of earnings
applicable under this system on |
26 | | and after August 1, 1959. The contributions
made under this |
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1 | | subsection (c) shall be considered as survivor's insurance
|
2 | | contributions for purposes of this Article if the employee is |
3 | | covered under
the traditional benefit package, and such |
4 | | contributions shall be considered
as additional contributions |
5 | | for purposes of this Article if the employee is
participating |
6 | | in the self-managed plan or has elected to participate in the
|
7 | | portable benefit package and has completed the applicable |
8 | | one-year waiting
period. Contributions in excess of $80 during |
9 | | any fiscal year beginning before
August 31, 1969 and in excess |
10 | | of $120 during any fiscal year thereafter until
September 1, |
11 | | 1971 shall be considered as additional contributions for |
12 | | purposes
of this Article.
|
13 | | (d) If the board by board rule so permits and subject to |
14 | | such conditions
and limitations as may be specified in its |
15 | | rules, a participant may make
other additional contributions of |
16 | | such percentage of earnings or amounts as
the participant shall |
17 | | elect in a written notice thereof received by the board.
|
18 | | (e) That fraction of a participant's total accumulated |
19 | | normal
contributions, the numerator of which is equal to the |
20 | | number of years of
service in excess of that which is required |
21 | | to qualify for the maximum
retirement annuity, and the |
22 | | denominator of which is equal to the total
service of the |
23 | | participant, shall be considered as accumulated additional
|
24 | | contributions. The determination of the applicable maximum |
25 | | annuity and
the adjustment in contributions required by this |
26 | | provision shall be made
as of the date of the participant's |
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1 | | retirement.
|
2 | | (f) Notwithstanding the foregoing, a participating |
3 | | employee shall not
be required to make contributions under this |
4 | | Section after the date upon
which continuance of such |
5 | | contributions would otherwise cause his or her
retirement |
6 | | annuity to exceed the maximum retirement annuity as specified |
7 | | in
clause (1) of subsection (c) of Section 15-136.
|
8 | | (g) A participating employee may make contributions for the |
9 | | purchase of
service credit under this Article.
|
10 | | (h) Notwithstanding anything in this Section to the |
11 | | contrary, beginning July 1, 2013, all participating employees |
12 | | shall be required to make the following contributions: |
13 | | (1) Participating employees who elect the traditional |
14 | | or portable benefit package shall contribute: |
15 | | (A) In fiscal year 2014, fiscal year 2015, and |
16 | | fiscal year 2016, an amount equal to 15.31% of |
17 | | earnings. |
18 | | (B) In fiscal year 2017 and in each fiscal year |
19 | | thereafter, a percentage of earnings equal to the |
20 | | actuarially determined fiscal year 2017 normal cost of |
21 | | the traditional and portable benefit package, minus |
22 | | contributions by the State of Illinois in fiscal year |
23 | | 2017 under paragraph (1) of Section 15-155.1, provided |
24 | | that no participating employee's contribution shall be |
25 | | less than 6% or more than 17.31% of earnings. The |
26 | | System shall certify the actuarially determined fiscal |
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1 | | year 2017 normal cost of the traditional and portable |
2 | | benefit package and the amount of the required |
3 | | participating employee contribution. |
4 | | (2) In fiscal year 2014 and in each fiscal year |
5 | | thereafter, participating employees who elect the revised |
6 | | benefit package shall contribute a percentage of earnings |
7 | | equal to the greater of the actuarially determined long |
8 | | term normal cost of the revised benefit package as |
9 | | calculated in fiscal year 2014 or 12%, minus contributions |
10 | | by the State of Illinois in fiscal year 2014 under |
11 | | paragraph (2) of Section 15-155.1, provided that no |
12 | | participating employee's contribution shall be less than |
13 | | 6% of earnings. The System shall certify the actuarially |
14 | | determined long term normal cost of such revised benefit |
15 | | package and the amount of the required participating |
16 | | employee contribution. For purposes of this paragraph (2), |
17 | | long term normal cost shall be defined as the normal cost |
18 | | of the revised benefit package assuming that all employees |
19 | | are covered under the revised benefit package. |
20 | | Contributions under this paragraph (2) shall be based on |
21 | | pensionable earnings. |
22 | | (3) In fiscal year 2014 and in each fiscal year |
23 | | thereafter, participating employees who elect the |
24 | | self-managed plan shall contribute a minimum of 6% of |
25 | | earnings. Participants who elect the self-managed plan may |
26 | | elect to increase their employee contribution in |
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1 | | accordance with rules prescribed by the Board. |
2 | | (Source: P.A. 90-32, eff. 6-27-97; 90-65, eff. 7-7-97; 90-448, |
3 | | eff. 8-16-97;
90-511, eff. 8-22-97; 90-576, eff. 3-31-98; |
4 | | 90-655, eff. 7-30-98; 90-766, eff.
8-14-98.)
|
5 | | (40 ILCS 5/15-157.2 new) |
6 | | Sec. 15-157.2. Increases in participant contribution. If |
7 | | the employee contribution required under Section 15-157 |
8 | | increases for any employee pursuant to this amendatory Act of |
9 | | the 97th General Assembly, the additional employee |
10 | | contribution in excess of the prior employee contribution for |
11 | | such employee shall be deducted from the employee's earnings |
12 | | unless the employee's employer agrees pursuant to Section |
13 | | 414(h) of the Internal Revenue Code to pick up and pay part or |
14 | | all of such increased contribution in addition to the |
15 | | employee's earnings.
|
16 | | (40 ILCS 5/15-158.2)
|
17 | | Sec. 15-158.2. Self-managed plan.
|
18 | | (a) Purpose. The General Assembly finds that it is |
19 | | important for colleges
and universities to be able to attract |
20 | | and retain the most qualified employees
and that in order to |
21 | | attract and retain these employees, colleges and
universities |
22 | | should have the flexibility to provide a defined contribution
|
23 | | plan as an alternative for eligible employees who elect not to |
24 | | participate
in a defined benefit retirement program provided |
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1 | | under this Article.
Accordingly, the State Universities |
2 | | Retirement System is hereby authorized to
establish and |
3 | | administer a self-managed plan, which shall offer |
4 | | participating
employees the opportunity to accumulate assets |
5 | | for retirement through a
combination of employee and employer |
6 | | contributions that may be invested in
mutual funds, collective |
7 | | investment funds, or other investment products and
used to |
8 | | purchase annuity contracts, either fixed or variable or a |
9 | | combination
thereof. The plan must be qualified under the |
10 | | Internal Revenue Code of 1986.
|
11 | | (b) Adoption by employers. Each employer subject to this |
12 | | Article may
elect to adopt the self-managed plan established |
13 | | under this Section; this
election is irrevocable. An employer's |
14 | | election to adopt the self-managed
plan makes available to the |
15 | | eligible employees of that employer the elections
described in |
16 | | Section 15-134.5 and paragraph (3) of subsection (a) of |
17 | | 15-134.7 .
|
18 | | The State Universities Retirement System shall be the plan |
19 | | sponsor for the
self-managed plan and shall prepare a plan |
20 | | document and prescribe such rules
and procedures as are |
21 | | considered necessary or desirable for the administration
of the |
22 | | self-managed plan. Consistent with its fiduciary duty to the
|
23 | | participants and beneficiaries of the self-managed plan, the |
24 | | Board of Trustees
of the System may delegate aspects of plan |
25 | | administration as it sees fit to
companies authorized to do |
26 | | business in this State, to the employers, or to a
combination |
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1 | | of both.
|
2 | | (c) Selection of service providers and funding vehicles. |
3 | | The System, in
consultation with the employers, shall solicit |
4 | | proposals to provide
administrative services and funding |
5 | | vehicles for the self-managed plan from
insurance and annuity |
6 | | companies and mutual fund companies, banks, trust
companies, or |
7 | | other financial institutions authorized to do business in this
|
8 | | State. In reviewing the proposals received and approving and |
9 | | contracting with
no fewer than 2 and no more than 7 companies, |
10 | | the Board of Trustees of the System shall
consider, among other |
11 | | things, the following criteria:
|
12 | | (1) the nature and extent of the benefits that would be |
13 | | provided
to the participants;
|
14 | | (2) the reasonableness of the benefits in relation to |
15 | | the premium
charged;
|
16 | | (3) the suitability of the benefits to the needs and
|
17 | | interests of the participating employees and the employer;
|
18 | | (4) the ability of the company to provide benefits |
19 | | under the contract and
the financial stability of the |
20 | | company; and
|
21 | | (5) the efficacy of the contract in the recruitment and |
22 | | retention of
employees.
|
23 | | The System, in consultation with the employers, shall |
24 | | periodically review
each approved company. A company may |
25 | | continue to provide administrative
services and funding |
26 | | vehicles for the self-managed plan only so long as
it continues |
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1 | | to be an approved company under contract with the Board.
|
2 | | (d) Employee Direction. Employees who are participating in |
3 | | the program
must be allowed to direct the transfer of their |
4 | | account balances among the
various investment options offered, |
5 | | subject to applicable contractual
provisions.
The participant |
6 | | shall not be deemed a fiduciary by reason of providing such
|
7 | | investment direction. A person who is a fiduciary shall not be |
8 | | liable for any
loss resulting from such investment direction |
9 | | and shall not be deemed to have
breached any fiduciary duty by |
10 | | acting in accordance with that direction.
Neither the System |
11 | | nor the employer guarantees any of the investments in the
|
12 | | employee's account balances.
|
13 | | (e) Participation. An employee eligible to participate in |
14 | | the
self-managed plan must make a written election in |
15 | | accordance with the
provisions of Section 15-134.5 and the |
16 | | procedures established by the System.
Participation in the |
17 | | self-managed plan by an electing employee shall begin
on the |
18 | | first day of the first pay period following the later of the |
19 | | date the
employee's election is filed with the System or the |
20 | | effective date as of
which the employee's employer begins to |
21 | | offer participation in the self-managed
plan. Employers may not |
22 | | make the self-managed plan available earlier than
January 1, |
23 | | 1998. An employee's participation in any other retirement |
24 | | program
administered by the System under this Article shall |
25 | | terminate on the date that
participation in the self-managed |
26 | | plan begins.
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1 | | An employee who has elected to participate in the |
2 | | self-managed plan under
this Section must continue |
3 | | participation while employed in an eligible
position, and may |
4 | | not participate in any other retirement program administered
by |
5 | | the System under this Article while employed by that employer |
6 | | or any other
employer that has adopted the self-managed plan, |
7 | | unless the self-managed plan
is terminated in accordance with |
8 | | subsection (i).
|
9 | | Participation in the self-managed plan under this Section |
10 | | shall constitute
membership in the State Universities |
11 | | Retirement System.
|
12 | | A participant under this Section shall be entitled to the |
13 | | benefits of
Article 20 of this Code.
|
14 | | (f) Establishment of Initial Account Balance. If at the |
15 | | time an employee
elects to participate in the self-managed plan |
16 | | he or she has rights and credits
in the System due to previous |
17 | | participation in the traditional benefit package,
the System |
18 | | shall establish for the employee an opening account balance in |
19 | | the
self-managed plan, equal to the amount of contribution |
20 | | refund that the employee
would be eligible to receive under |
21 | | Section 15-154 if the employee terminated
employment on that |
22 | | date and elected a refund of contributions, except that this
|
23 | | hypothetical refund shall include interest at the effective |
24 | | rate for the
respective years. The System shall transfer assets |
25 | | from the defined benefit
retirement program to the self-managed |
26 | | plan, as a tax free transfer in
accordance with Internal |
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1 | | Revenue Service guidelines, for purposes of funding
the |
2 | | employee's opening account balance.
|
3 | | (g) No Duplication of Service Credit. Notwithstanding any |
4 | | other provision
of this Article, an employee may not purchase |
5 | | or receive service or service
credit applicable to any other |
6 | | retirement program administered by the System
under this |
7 | | Article for any period during which the employee was a |
8 | | participant
in the self-managed plan established under this |
9 | | Section.
|
10 | | (h) Contributions. The self-managed plan shall be funded by |
11 | | contributions
from employees participating in the self-managed |
12 | | plan and employer
contributions as provided in this Section.
|
13 | | The contribution rate for employees participating in the |
14 | | self-managed plan
under this Section shall be equal to the |
15 | | employee contribution rate for other
participants in the |
16 | | System, as provided in Section 15-157 , provided that for fiscal |
17 | | year 2014 and each year thereafter the contribution rate for |
18 | | employees participating in the self-managed plan shall be equal |
19 | | to the amount specified in paragraph (3) of subsection (h) of |
20 | | Section 15-157 . This required
contribution shall be made as an |
21 | | "employer pick-up" under Section 414(h) of the
Internal Revenue |
22 | | Code of 1986 or any successor Section thereof. Any employee
|
23 | | participating in the System's traditional benefit package |
24 | | prior to his or her
election to participate in the self-managed |
25 | | plan shall continue to have the
employer pick up the |
26 | | contributions required under Section 15-157. However, the
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1 | | amounts picked up after the election of the self-managed plan |
2 | | shall be remitted
to and treated as assets of the self-managed |
3 | | plan. In no event shall an
employee have an option of receiving |
4 | | these amounts in cash , and payment of the employee contribution |
5 | | shall be a condition of employment . Employees may make
|
6 | | additional contributions to the
self-managed plan in |
7 | | accordance with procedures prescribed by the System, to
the |
8 | | extent permitted under rules prescribed by the System.
|
9 | | The program shall provide for employer contributions to be |
10 | | credited to each
self-managed plan participant at a rate of |
11 | | 7.6%
of the participating employee's salary, less the amount |
12 | | used by
the System to provide disability benefits for the |
13 | | employee , provided that for fiscal year 2014 and each year |
14 | | thereafter the employer contribution required by this Section |
15 | | shall be equal to the amount specified by item (i) of paragraph |
16 | | (3) of Section 15-155.1 .
The amounts so credited
shall be paid |
17 | | into the participant's self-managed plan accounts in a manner
|
18 | | to be prescribed by the System.
|
19 | | An amount of employer contribution, not exceeding 1% of the |
20 | | participating
employee's salary, shall be used for the purpose |
21 | | of providing the disability
benefits of the System to the |
22 | | employee. Prior to the beginning of each plan
year under the |
23 | | self-managed plan, the Board of Trustees shall determine, as a
|
24 | | percentage of salary, the amount of employer contributions to |
25 | | be allocated
during that plan year for providing disability |
26 | | benefits for employees in the
self-managed plan.
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1 | | The State of Illinois shall make contributions by |
2 | | appropriations to the
System of the employer contributions |
3 | | required for employees who participate in
the self-managed plan |
4 | | under this Section.
The amount required shall
be certified by |
5 | | the Board of Trustees of the System and paid by the State in
|
6 | | accordance with Section 15-165. The System shall not be |
7 | | obligated to remit the
required employer contributions to any |
8 | | of the insurance and annuity
companies, mutual fund
companies, |
9 | | banks, trust companies, financial institutions, or other |
10 | | sponsors
of any of the funding vehicles offered under the |
11 | | self-managed plan
until it has received the required employer |
12 | | contributions from the State. In
the event of a deficiency in |
13 | | the amount of State contributions, the System
shall implement |
14 | | those procedures described in subsection (c) of Section 15-165
|
15 | | to obtain the required funding from the General Revenue
Fund.
|
16 | | (i) Termination. The self-managed plan authorized under |
17 | | this
Section may be terminated by the System, subject to the |
18 | | terms
of any relevant
contracts, and the System shall have no |
19 | | obligation to
reestablish the self-managed plan under this |
20 | | Section. This Section does not
create a right
to continued |
21 | | participation in any self-managed plan set up by the System |
22 | | under
this Section. If the self-managed plan is terminated,
the |
23 | | participants shall have the right to participate in one of the |
24 | | other
retirement programs offered by the System and receive |
25 | | service credit in such
other retirement program for any years |
26 | | of employment following the termination.
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1 | | (j) Vesting; Withdrawal; Return to Service. A participant |
2 | | in the
self-managed plan becomes vested in the employer |
3 | | contributions credited to his
or her accounts in the |
4 | | self-managed plan on the earliest to occur of the
following: |
5 | | (1) completion of 5 years of service with an employer described |
6 | | in
Section 15-106; (2) the death of the participating employee |
7 | | while employed by
an employer described in Section 15-106, if |
8 | | the participant has completed at
least 1 1/2 years of service; |
9 | | or (3) the participant's election to retire and
apply the |
10 | | reciprocal provisions of Article 20 of this Code.
|
11 | | A participant in the self-managed plan who receives a |
12 | | distribution of his or
her vested amounts from the self-managed |
13 | | plan
while not yet eligible for retirement under this Article
|
14 | | (and Article 20, if applicable) shall forfeit all service |
15 | | credit
and accrued rights in the System; if subsequently |
16 | | re-employed, the participant
shall be considered a new
|
17 | | employee. If a former participant again becomes a participating |
18 | | employee (or
becomes employed by a participating system under |
19 | | Article 20 of this Code) and
continues as such for at least 2 |
20 | | years, all such rights, service credits, and
previous status as |
21 | | a participant shall be restored upon repayment of the amount
of |
22 | | the distribution, without interest.
|
23 | | (k) Benefit amounts. If an employee who is vested in |
24 | | employer
contributions terminates employment, the employee |
25 | | shall be entitled to a
benefit which is based on the
account |
26 | | values attributable to both employer and
employee |
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1 | | contributions and any
investment return thereon.
|
2 | | If an employee who is not vested in employer contributions |
3 | | terminates
employment, the employee shall be entitled to a |
4 | | benefit based solely on the
account values attributable to the |
5 | | employee's contributions and any investment
return thereon, |
6 | | and the employer contributions and any investment return
|
7 | | thereon shall be forfeited. Any employer contributions which |
8 | | are forfeited
shall be held in escrow by the
company investing |
9 | | those contributions and shall be used as directed by the
System |
10 | | for future allocations of employer contributions or for the |
11 | | restoration
of amounts previously forfeited by former |
12 | | participants who again become
participating employees.
|
13 | | (Source: P.A. 93-347, eff. 7-24-03.)
|
14 | | (40 ILCS 5/15-158.5 new) |
15 | | Sec. 15-158.5. Preservation of self-managed plan benefits. |
16 | | The provisions of this amendatory Act of the 97th General |
17 | | Assembly do not apply to any participant who participates in |
18 | | the self-managed plan created under Section 15-158.2 on the |
19 | | effective date of this Section. |
20 | | (40 ILCS 5/15-199 new) |
21 | | Sec. 15-199. Qualified plan status. No provision of this |
22 | | Article shall be interpreted in a way that would cause the |
23 | | System to cease to be a qualified plan under Section 401(a) of |
24 | | the Internal Revenue Code.
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1 | | (40 ILCS 5/16-133) (from Ch. 108 1/2, par. 16-133)
|
2 | | Sec. 16-133. Retirement annuity; amount.
|
3 | | (a) The amount of the retirement annuity shall be (i) in |
4 | | the case of a person who first became a teacher under this |
5 | | Article before July 1, 2005, the larger of the
amounts |
6 | | determined under paragraphs (A) and (B) below, or (ii) in the |
7 | | case of a person who first becomes a teacher under this Article |
8 | | on or after July 1, 2005, the amount determined under the |
9 | | applicable provisions of paragraph (B):
|
10 | | (A) An amount consisting of the sum of the following:
|
11 | | (1) An amount that can be provided on an |
12 | | actuarially equivalent basis
by the member's |
13 | | accumulated contributions at the time of retirement; |
14 | | and
|
15 | | (2) The sum of (i) the amount that can be provided |
16 | | on an actuarially
equivalent basis by the member's |
17 | | accumulated contributions representing
service prior |
18 | | to July 1, 1947, and (ii) the amount that can be |
19 | | provided on
an actuarially equivalent basis by the |
20 | | amount obtained by multiplying 1.4
times the member's |
21 | | accumulated contributions covering service subsequent |
22 | | to
June 30, 1947; and
|
23 | | (3) If there is prior service, 2 times the amount |
24 | | that would have been
determined under subparagraph (2) |
25 | | of paragraph (A) above on account of
contributions |
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1 | | which would have been made during the period of prior |
2 | | service
creditable to the member had the System been in |
3 | | operation and had the
member made contributions at the |
4 | | contribution rate in effect prior to
July 1, 1947.
|
5 | | Beginning on July 1, 2013, for purposes of calculating |
6 | | the sum provided under this paragraph (A), member |
7 | | contributions in excess of the member contribution rates |
8 | | that apply to this benefit and are in effect immediately |
9 | | prior to July 1, 2013 shall not be considered when |
10 | | determining the amount of the member's accumulated |
11 | | contributions under subparagraph (1) or the additional sum |
12 | | based on the member's accumulated contributions under |
13 | | subparagraph (2). |
14 | | This paragraph (A) does not apply to a person who first |
15 | | becomes a teacher under this Article on or after July 1, |
16 | | 2005.
|
17 | | (B) An amount consisting of the greater of the |
18 | | following:
|
19 | | (1) For creditable service earned before July 1, |
20 | | 1998 that has not
been augmented under Section |
21 | | 16-129.1: 1.67% of final average salary for
each of the |
22 | | first 10 years of creditable service, 1.90% of final |
23 | | average salary
for each year in excess of 10 but not |
24 | | exceeding 20, 2.10% of final average
salary for each |
25 | | year in excess of 20 but not exceeding 30, and 2.30% of |
26 | | final
average salary for each year in excess of 30; and
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1 | | For creditable service earned on or after July 1, |
2 | | 1998 by a member who
has at least 24 years of |
3 | | creditable service on July 1, 1998 and who
does not |
4 | | elect to augment service under Section 16-129.1: 2.2% |
5 | | of final
average salary for each year of creditable |
6 | | service earned on or after July 1,
1998 but before the |
7 | | member reaches a total of 30 years of creditable |
8 | | service
and 2.3% of final average salary for each year |
9 | | of creditable service earned
on or after July 1, 1998 |
10 | | and after the member reaches a total of 30 years of
|
11 | | creditable service; and
|
12 | | For all other creditable service: 2.2% of final |
13 | | average salary
for each year of creditable service; or
|
14 | | (2) 1.5% of final average salary for each year of
|
15 | | creditable service plus the sum $7.50 for each of the |
16 | | first 20 years of
creditable service.
|
17 | | The amount of the retirement annuity determined under this |
18 | | paragraph (B)
shall be reduced by 1/2 of 1% for each month |
19 | | that the member is less than
age 60 at the time the |
20 | | retirement annuity begins. However, this reduction
shall |
21 | | not apply (i) if the member has at least 35 years of |
22 | | creditable service,
or (ii) if the member retires on |
23 | | account of disability under Section 16-149.2
of this |
24 | | Article with at least 20 years of creditable service, or |
25 | | (iii) if
the member (1) has earned during the period |
26 | | immediately preceding the last
day of service at least one |
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1 | | year of contributing creditable service as an
employee of a |
2 | | department as defined in Section 14-103.04, (2) has earned |
3 | | at
least 5 years of contributing creditable service as an |
4 | | employee of a department
as defined in Section 14-103.04, |
5 | | (3) retires on or after January 1, 2001, and
(4) retires |
6 | | having attained an age which, when added to the number of |
7 | | years of
his or her total creditable service, equals at |
8 | | least 85. Portions of years
shall be counted as decimal |
9 | | equivalents.
|
10 | | (b) For purposes of this Section, final average salary |
11 | | shall be the
average salary for the highest 4 consecutive years |
12 | | within the last 10 years
of creditable service as determined |
13 | | under rules of the board. The minimum
final average salary |
14 | | shall be considered to be $2,400 per year.
|
15 | | In the determination of final average salary for members |
16 | | other than
elected officials and their appointees when such |
17 | | appointees are allowed by
statute, that part of a member's |
18 | | salary for any year beginning after June
30, 1979 which exceeds |
19 | | the member's annual full-time salary rate with the
same |
20 | | employer for the preceding year by more than 20% shall be |
21 | | excluded.
The exclusion shall not apply in any year in which |
22 | | the member's creditable
earnings are less than 50% of the |
23 | | preceding year's mean salary for downstate
teachers as |
24 | | determined by the survey of school district salaries provided |
25 | | in
Section 2-3.103 of the School Code.
|
26 | | (c) In determining the amount of the retirement annuity |
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1 | | under paragraph
(B) of this Section, a fractional year shall be |
2 | | granted proportional credit.
|
3 | | (d) The retirement annuity determined under paragraph (B) |
4 | | of this Section
shall be available only to members who render |
5 | | teaching service after July
1, 1947 for which member |
6 | | contributions are required, and to annuitants who
re-enter |
7 | | under the provisions of Section 16-150.
|
8 | | (e) The maximum retirement annuity provided under |
9 | | paragraph (B) of this
Section shall be 75% of final average |
10 | | salary.
|
11 | | (f) A member retiring after the effective date of this |
12 | | amendatory Act
of 1998 shall receive a pension equal to 75% of |
13 | | final average salary if the
member is qualified to receive a |
14 | | retirement annuity equal to at least 74.6%
of final average |
15 | | salary under this Article or as proportional annuities under
|
16 | | Article 20 of this Code.
|
17 | | (Source: P.A. 94-4, eff. 6-1-05.)
|
18 | | (40 ILCS 5/16-133.6 new) |
19 | | Sec. 16-133.6. Benefits on and after July 1, 2013. |
20 | | (a) Each member under this Article, other than a person who |
21 | | first becomes a member on or after January 1, 2011, shall |
22 | | choose which retirement program he or she wishes to participate |
23 | | in with respect to all periods of service occurring on and |
24 | | after July 1, 2013. The retirement program election made by the |
25 | | member must be made (i) no later than July 1, 2013 in |
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1 | | accordance with rules prescribed by the System and (ii) if |
2 | | applicable, every 3 years thereafter. The member shall elect |
3 | | one of the following retirement programs: |
4 | | (1) the traditional benefit package offered under |
5 | | Sections 16-133 through 16-133.2, except that future |
6 | | contributions will be remitted as required under Section |
7 | | 16-152; |
8 | | (2) the revised benefit package offered under Section |
9 | | 16-133.7; or |
10 | | (3) the self-managed plan offered under Section |
11 | | 16-133.8. |
12 | | (b) A person who first becomes a member in the System, on |
13 | | or after January 1, 2011, shall elect, based on the eligibility |
14 | | criteria specified in this Article, which retirement program he |
15 | | or she wishes to participate in with respect to all periods of |
16 | | service occurring on and after July 1, 2013. The member shall |
17 | | elect one of the retirement programs provided in paragraph (2) |
18 | | or (3) of subsection (a) of this Section. The member must make |
19 | | that election (i) by July 1, 2013 or within 6 months after the |
20 | | first date of membership, whichever is later, and (ii) if |
21 | | applicable, every 3 years thereafter. |
22 | | (c) The member election authorized by this Section is an |
23 | | irrevocable election, except that any individual making an |
24 | | election for the retirement program under paragraph (1) or (2) |
25 | | of subsection (a) shall make an election for a period of 3 |
26 | | years, and shall make a subsequent election during the benefit |
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1 | | recalculation period prescribed by the System. The election |
2 | | shall be made in the manner prescribed by the System. Any |
3 | | member who fails to make the initial election shall, by |
4 | | default, participate in the revised benefit package provided |
5 | | under paragraph (2) of subsection (a) of this Section. |
6 | | (d) Members who have already made an election pursuant to |
7 | | subsection (a) or (b) shall be given the opportunity to make a |
8 | | new election as follows: |
9 | | (1) each member in the traditional benefit package |
10 | | provided under paragraph (1) of subsection (a) of this |
11 | | Section shall have the opportunity to elect to terminate |
12 | | participation in the traditional benefit package and to |
13 | | elect to have retirement benefits for future creditable |
14 | | service provided under either the revised benefit package |
15 | | provided under paragraph (2) of subsection (a) of this |
16 | | Section or the self-managed plan provided under paragraph |
17 | | (3) of subsection (a) of this Section; |
18 | | (2) each member in the revised benefit package provided |
19 | | under paragraph (2) of subsection (a) of this Section shall |
20 | | have the opportunity to elect to terminate participation in |
21 | | the revised benefit package and to elect to have retirement |
22 | | benefits for future creditable service provided under the |
23 | | self-managed plan provided under paragraph (3) of |
24 | | subsection (a) of this Section; and |
25 | | (3) the elections permitted under paragraphs (1) and |
26 | | (2) must be made during the 6-month period in the manner |
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1 | | prescribed by the System. |
2 | | (e) If a member with an accrued benefit under Sections |
3 | | 16-133 through 16-133.2 of this Code elects the revised benefit |
4 | | package provided under paragraph (2) of subsection (a) of this |
5 | | Section, the member's total accrued benefit for purposes of |
6 | | determining an annuity shall be the sum of (i) the member's |
7 | | benefit accruals before the effective date of the election, |
8 | | based on the member's final average salary and creditable |
9 | | service as of the effective date of the election and fixed on |
10 | | such date, and (ii) the member's benefit accruals based on |
11 | | final average salary and creditable service on and after the |
12 | | effective date of the election, as modified by the rules |
13 | | provided in Section 16-133.7. All rights and features provided |
14 | | under the benefit package will be preserved with respect to |
15 | | benefits earned under such package with respect to service |
16 | | completed prior to the election to participate in the revised |
17 | | benefit package. Furthermore, the participant shall be |
18 | | entitled to the benefit of the survivor's annuity provided |
19 | | under Public Act 96-889 and Public Act 96-1490. All creditable |
20 | | service completed under the System shall count for purposes of |
21 | | determining retirement eligibility and vesting under both the |
22 | | retirement programs offered under paragraphs (1) and (2) of |
23 | | subsection (a). |
24 | | (f) If a member with an accrued benefit under Sections |
25 | | 16-133 through 16-133.2 or under Section 16-133.7 elects the |
26 | | self-managed plan provided under paragraph (3) of subsection |
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1 | | (a) of this Section, the member's total accrued benefit for |
2 | | purposes of determining an annuity shall be the participant's |
3 | | benefit accruals before the effective date of the election, |
4 | | based on the member's final average salary and creditable |
5 | | service as of the effective date of the election and fixed on |
6 | | such date. However, the member shall also have an accrued |
7 | | self-managed plan balance as specified in Section 16-133.8, for |
8 | | periods of creditable service on and after the effective date |
9 | | of the election. All accrued benefits will be preserved with |
10 | | respect to benefits earned under such package with respect to |
11 | | service completed prior to the election to participate in the |
12 | | self-managed plan. All creditable service completed under the |
13 | | System shall count for purposes of determining retirement |
14 | | eligibility and vesting under the retirement programs offered |
15 | | under paragraphs (1), (2), and (3) of subsection (a) of this |
16 | | Section. |
17 | | (g) An individual who is a member in the System, but is not |
18 | | an active teacher as of July 1, 2013, shall be required to make |
19 | | the election specified by subsection (a) or subsection (b) of |
20 | | this Section, as applicable, within 6 months after resuming |
21 | | active service as a teacher. |
22 | | (40 ILCS 5/16-133.7 new) |
23 | | Sec. 16-133.7. Revised benefit package. |
24 | | (a) The provisions of this Section apply to a person who, |
25 | | on or after January 1, 2011, first becomes a member under this |
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1 | | Article, and any member who elects this benefit package |
2 | | pursuant to Section 16-133.6, but do not apply to the |
3 | | self-managed plan established under this Article. |
4 | | (b) "Final average salary" means the average annual salary |
5 | | obtained by dividing the total salary calculated under the |
6 | | Article applicable to the member during the 8 consecutive years |
7 | | of service within the last 10 years of service in which the |
8 | | total salary calculated under this Article was the highest by |
9 | | the number of years of service in that period. |
10 | | (b-5) For all purposes under this Article (including |
11 | | without limitation the calculation of benefits and member |
12 | | contributions, and contributions by the State of Illinois under |
13 | | subsection (b) of Section 16-158.2 with respect to the revised |
14 | | benefit package), the annual salary of a member shall not |
15 | | exceed $106,800; however, that amount shall annually |
16 | | thereafter be increased by the lesser of (i) 3% of that amount, |
17 | | including all previous adjustments, or (ii) one-half the annual |
18 | | unadjusted percentage increase (but not less than zero) in the |
19 | | consumer price index-u for the 12 months ending with the |
20 | | September preceding each November 1, including all previous |
21 | | adjustments. |
22 | | For the purposes of this Section, "consumer price index-u" |
23 | | means the index published by the Bureau of Labor Statistics of |
24 | | the United States Department of Labor that measures the average |
25 | | change in prices of goods and services purchased by all urban |
26 | | consumers, United States city average, all items, 1982-84 =100. |
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1 | | The new amount resulting from each annual adjustment shall be |
2 | | determined by the Public Pension Division of the Department of |
3 | | Insurance and made available to the boards of the retirement |
4 | | systems and pension funds by November 1 of each year. |
5 | | Beginning on July 1, 2013, the maximum annual salary amount |
6 | | shall be adjusted to $110,100, as adjusted for periods after |
7 | | 2012 based on the methodology and formula used to calculate |
8 | | annual increases in wages under 42 U.S.C. Section 415(a) for |
9 | | purposes of computing benefits and adjusting wages under the |
10 | | federal Social Security program. Each year thereafter on |
11 | | January 1, this amount shall be adjusted based on the |
12 | | methodology and formula used to calculate annual increases in |
13 | | wages under 42 U.S.C. Section 415(a) for purposes of computing |
14 | | benefits and adjusting wages under the federal Social Security |
15 | | program. |
16 | | (c) A member is entitled to a retirement annuity upon |
17 | | written application if he or she has attained age 67 and has at |
18 | | least 10 years of service credit and is otherwise eligible |
19 | | under the requirements of this Article. A member who has |
20 | | attained age 62 and has at least 10 years of service credit and |
21 | | is otherwise eligible under the requirements of this Article |
22 | | may elect to receive the lower retirement annuity provided in |
23 | | subsection (d) of this Section. |
24 | | (d) The retirement annuity of a member who is retiring |
25 | | after attaining age 62 with at least 10 years of service credit |
26 | | shall be reduced by one-half of 1% for each full month that the |
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1 | | member's age is under age 67. |
2 | | (e) Any retirement annuity shall be subject to annual |
3 | | increases on the January 1 occurring either on or after the |
4 | | attainment of age 67 or the first anniversary of the annuity |
5 | | start date, whichever is later. Each annual increase shall be |
6 | | calculated at 3% or one-half the annual unadjusted percentage |
7 | | increase (but not less than zero) in the consumer price index-u |
8 | | for the 12 months ending with the September preceding each |
9 | | November 1, whichever is less, of the originally granted |
10 | | retirement annuity. If the annual unadjusted percentage change |
11 | | in the consumer price index-u for the 12 months ending with the |
12 | | September preceding each November 1 is zero or there is a |
13 | | decrease, then the annuity shall not be increased. |
14 | | (f) The initial survivor's annuity of an otherwise eligible |
15 | | survivor of a retired member shall be in the amount of 66 2/3% |
16 | | of the retired member's retirement annuity at the date of |
17 | | death. In the case of the death of a member who has not retired |
18 | | and, eligibility for a survivor's or widow's annuity shall be |
19 | | determined by this Article. The initial benefit shall be 66 |
20 | | 2/3% of the earned annuity without a reduction due to age. Any |
21 | | survivor's annuity shall be increased (1) on each January 1 |
22 | | occurring on or after the commencement of the annuity if the |
23 | | deceased member died while receiving a retirement annuity or |
24 | | (2) in other cases, on each January 1 occurring after the first |
25 | | anniversary of the commencement of the annuity. Each annual |
26 | | increase shall be calculated at 3% or one-half the annual |
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1 | | unadjusted percentage increase (but not less than zero) in the |
2 | | consumer price index-u for the 12 months ending with the |
3 | | September preceding each November 1, whichever is less, of the |
4 | | originally granted survivor's annuity. If the annual |
5 | | unadjusted percentage change in the consumer price index-u for |
6 | | the 12 months ending with the September preceding each November |
7 | | 1 is zero or there is a decrease, then the annuity shall not be |
8 | | increased. |
9 | | (g) If a person who first becomes a member on or after |
10 | | January 1, 2011 is receiving a retirement annuity and becomes a |
11 | | member or participant under any other system or fund created by |
12 | | this Code and is employed on a full-time basis, then the |
13 | | person's retirement annuity shall be suspended during that |
14 | | employment. Upon termination of that employment, the person's |
15 | | retirement annuity payments shall resume and be recalculated. |
16 | | (h) Notwithstanding any other provision of this Section, a |
17 | | participant in the revised benefit package provided by this |
18 | | Section shall have the option to enroll in the self-managed |
19 | | plan created under Section 16-133.8. |
20 | | (40 ILCS 5/16-133.8 new) |
21 | | Sec. 16-133.8. Self-managed plan. |
22 | | (a) Purpose. The Teachers' Retirement System of the State |
23 | | of Illinois shall establish and administer a self-managed plan, |
24 | | which shall offer members the opportunity to accumulate assets |
25 | | for retirement through a combination of member and employer |
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1 | | contributions that may be invested in mutual funds, collective |
2 | | investment funds, or other investment products and used to |
3 | | purchase annuity contracts, either fixed or variable or a |
4 | | combination thereof. The plan must be qualified under the |
5 | | Internal Revenue Code of 1986. The plan shall not include the |
6 | | retirement annuities, survivors' benefits, death benefits, or |
7 | | refunds provided under this Article. |
8 | | (b) The Teachers' Retirement System of the State of |
9 | | Illinois shall be the plan sponsor for the self-managed plan |
10 | | and shall prepare a plan document and prescribe such rules and |
11 | | procedures as are considered necessary or desirable for the |
12 | | administration of the self-managed plan. Consistent with its |
13 | | fiduciary duty to the participants and beneficiaries of the |
14 | | self-managed plan, the Board of Trustees of the System may |
15 | | delegate aspects of plan administration as it sees fit to |
16 | | companies authorized to do business in this State. |
17 | | (c) Selection of service providers and funding vehicles. |
18 | | The System may solicit proposals to provide administrative |
19 | | services and funding vehicles for the self-managed plan from |
20 | | insurance and annuity companies and mutual fund companies, |
21 | | banks, trust companies, or other financial institutions |
22 | | authorized to do business in this State. |
23 | | The System shall periodically review each approved |
24 | | company. A company may continue to provide administrative |
25 | | services and funding vehicles for the self-managed plan only so |
26 | | long as it continues to be an approved company under contract |
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1 | | with the Board. |
2 | | (d) Member direction. Members who are participating in the |
3 | | program must be allowed to direct the transfer of their account |
4 | | balances among the various investment options offered, subject |
5 | | to applicable contractual provisions. The member shall not be |
6 | | deemed a fiduciary by reason of providing such investment |
7 | | direction. A person who is a fiduciary shall not be liable for |
8 | | any loss resulting from such investment direction and shall not |
9 | | be deemed to have breached any fiduciary duty by acting in |
10 | | accordance with that direction. Neither the System nor the |
11 | | member's employer guarantees any of the investments in the |
12 | | member's account balances. |
13 | | (e) Participation. A member eligible to participate in the |
14 | | self-managed plan must make a written election under Section |
15 | | 16-133.6 and the procedures established by the System. |
16 | | A member who has elected to participate in the self-managed |
17 | | plan under Section 16-133.6 must continue participation while |
18 | | employed as a teacher. Participation in the self-managed plan |
19 | | under this Section shall constitute membership in the Teachers' |
20 | | Retirement System. |
21 | | A member under this Section shall be entitled to the |
22 | | benefits of Article 20 of this Code. |
23 | | (f) Contributions. The self-managed plan shall be funded by |
24 | | contributions pursuant to salary reduction agreements for |
25 | | members participating in the self-managed plan and employer |
26 | | contributions as provided in this Section. |
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1 | | The member contribution shall be made as an "employer pick |
2 | | up" under Section 414(h) of the Internal Revenue Code of 1986 |
3 | | or any successor Section thereof. In no event shall a member |
4 | | have an option of receiving these amounts in cash, and payment |
5 | | of the member contribution shall be a condition of employment. |
6 | | The member contribution shall be deducted from the member's |
7 | | salary in the amount specified by paragraph 3 of subsection (f) |
8 | | of Section 16-152, unless the employer agrees to pick up and |
9 | | pay the member contribution in addition to the member's salary, |
10 | | pursuant to Section 16-152.1. |
11 | | The program shall provide for employer contributions to be |
12 | | credited to each self-managed plan participant at a rate of 6% |
13 | | of the member's salary. The amounts so credited shall be paid |
14 | | into the member's self-managed plan account in a manner to be |
15 | | prescribed by the System. An additional amount of employer |
16 | | contributions shall be used for the purpose of providing the |
17 | | disability benefits of the System to the member. Prior to the |
18 | | beginning of each plan year under the self-managed plan, the |
19 | | Board of Trustees shall determine, as a percentage of salary, |
20 | | the amount of employer contributions to be allocated during |
21 | | that plan year for providing disability benefits for members in |
22 | | the self-managed plan. |
23 | | The State of Illinois shall make contributions by |
24 | | appropriations to the System of the employer contributions |
25 | | required for members who participate in the self-managed plan |
26 | | under this Section. The amount required and the payment |
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1 | | schedule shall be certified by the Board of Trustees of the |
2 | | System and paid by the State in accordance with Section |
3 | | 16-158.2. The System shall not be obligated to remit the |
4 | | required State contributions to any person or entity until it |
5 | | has received the required contributions from the State. |
6 | | (g) Vesting; withdrawal; return to service. A member in the |
7 | | self-managed plan becomes vested in the employer contributions |
8 | | credited to his or her account in the self-managed plan on the |
9 | | earliest to occur of the following: (1) completion of 5 years |
10 | | of creditable service; (2) the death of the member while in |
11 | | active service, if the member has completed at least 1 ½ years |
12 | | of service; or (3) the member's election to retire and apply |
13 | | the reciprocal provisions of Article 20 of this Code. |
14 | | (h) If a member who is vested in employer contributions |
15 | | terminates employment, the member shall be entitled to the |
16 | | account values attributable to employer and member |
17 | | contributions and any investment return thereon. |
18 | | If a member who is not vested in employer contributions |
19 | | terminates employment, the member shall be entitled to the |
20 | | account values attributable to the member's contributions and |
21 | | any investment return thereon, and the employer contributions |
22 | | and any investment return thereon shall be forfeited. Any |
23 | | employer contributions which are forfeited shall be used as |
24 | | directed by the System for future allocations of employer |
25 | | contributions.
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1 | | (40 ILCS 5/16-136.2) (from Ch. 108 1/2, par. 16-136.2)
|
2 | | Sec. 16-136.2. Minimum retirement annuity.
|
3 | | (a) Any annuitant receiving a retirement annuity under this |
4 | | Article is
entitled to such additional amount of retirement |
5 | | annuity under this
Section, if necessary, that is sufficient to |
6 | | provide a minimum retirement
annuity of $10 per month for each |
7 | | year of creditable service forming the
basis of the retirement |
8 | | annuity, up to $300 per month for 30 or more years
of |
9 | | creditable service. Effective January 1, 1984, the minimum |
10 | | retirement
annuity under this Section is $15 per month per year |
11 | | of service up to $450
per month. Beginning January 1, 1996, the |
12 | | minimum retirement annuity
payable under this Section shall be |
13 | | $25 per month for each year of
creditable service, up to a |
14 | | maximum of $750 per month for 30 or more years
of creditable |
15 | | service.
|
16 | | An annuitant entitled to an increase in retirement annuity |
17 | | under this
Section shall be entitled to such increase in |
18 | | retirement annuity effective
the later of (1) September 1 |
19 | | following attainment of age 60; (2) September
1 following the |
20 | | first anniversary in retirement; or (3) the first of the
month |
21 | | following receipt of the required qualifying contribution from |
22 | | the
annuitant.
|
23 | | (b) An annuitant who qualifies for an additional amount of |
24 | | retirement
annuity under subsection (a) of this Section must |
25 | | make a one-time payment
of 1% of the monthly average salary for |
26 | | each full year of the creditable
service forming the basis of |
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1 | | the retirement annuity or, if the retirement
annuity was not |
2 | | computed using average salary, 1% of the original monthly
|
3 | | retirement annuity for each full year of service forming the |
4 | | basis of the
retirement annuity.
|
5 | | (c) The minimum retirement annuity provided under this |
6 | | Section shall
continue to be paid only to the extent that funds |
7 | | are available in the
minimum retirement annuity reserve |
8 | | established under Section 16-186.3.
|
9 | | (d) The annual increase provided on and after September 1, |
10 | | 1977 under
Section 16-136.1 and on and after January 1, 1978 |
11 | | under Section 16-133.1
shall be paid in addition to the minimum |
12 | | retirement annuity. Where an
initial increase is first payable |
13 | | on or after September 1, 1977, only that
portion of the |
14 | | increase based on the period in retirement after August 31,
|
15 | | 1976, under Section 16-136.1 and after December 31, 1976, under |
16 | | Section
16-133.1 may be added to the minimum retirement |
17 | | annuity.
|
18 | | (e) Notwithstanding any other provisions of this Article, |
19 | | the minimum retirement annuity for service on or after July 1, |
20 | | 2013 shall be calculated as follows: |
21 | | (1) If the member chooses the traditional benefit |
22 | | package under paragraph (1) of subsection (a) of Section |
23 | | 16-133.6, or the revised benefit package under paragraph |
24 | | (2) of subsection (a) of Section 16-133.6, the member shall |
25 | | receive a minimum benefit (commencing on his or her Social |
26 | | Security retirement age) for the member's creditable |
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1 | | service covered by each such defined benefit package that |
2 | | is equal to the annual primary insurance amount the member |
3 | | would have under Social Security for such period of |
4 | | creditable service. For the purposes of this item (1), the |
5 | | primary insurance amount a member would have under Social |
6 | | Security shall be calculated so that the System meets the |
7 | | requirements necessary to be considered a retirement |
8 | | system under Section 3121(b)(7)(F) of the Internal Revenue |
9 | | Code and the regulations in effect thereunder. |
10 | | (2) If the member chooses the self-managed plan under |
11 | | paragraph (3) of subsection (a) of Section 16-133.6, the |
12 | | member shall receive a minimum allocation equal to 7.5% of |
13 | | the member's salary for service during the period. All |
14 | | contributions shall be taken into account for this purpose. |
15 | | For the purposes of this paragraph (2), the minimum |
16 | | allocation shall be calculated so that the System meets the |
17 | | requirements necessary to be considered a retirement |
18 | | system under Section 3121(b)(7)(F) of the Internal Revenue |
19 | | Code and the regulations in effect thereunder. |
20 | | (Source: P.A. 89-21, eff. 6-6-95; 89-25, eff. 6-21-95.)
|
21 | | (40 ILCS 5/16-152) (from Ch. 108 1/2, par. 16-152)
|
22 | | Sec. 16-152. Contributions by members.
|
23 | | (a) Each member shall make contributions for membership |
24 | | service to this
System as follows:
|
25 | | (1) Effective July 1, 1998, contributions of 7.50% of |
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1 | | salary towards the
cost of the retirement annuity. Such |
2 | | contributions shall be deemed "normal
contributions".
|
3 | | (2) Effective July 1, 1969, contributions of 1/2 of 1% |
4 | | of salary toward
the cost of the automatic annual increase |
5 | | in retirement annuity provided
under Section 16-133.1.
|
6 | | (3) Effective July 24, 1959, contributions of 1% of |
7 | | salary towards the
cost of survivor benefits. Such |
8 | | contributions shall not be credited to
the individual |
9 | | account of the member and shall not be subject to refund
|
10 | | except as provided under Section 16-143.2.
|
11 | | (4) Effective July 1, 2005, contributions of 0.40% of |
12 | | salary toward the cost of the early retirement without |
13 | | discount option provided under Section 16-133.2. This |
14 | | contribution shall cease upon termination of the early |
15 | | retirement without discount option as provided in Section |
16 | | 16-176.
|
17 | | (b) The minimum required contribution for any year of |
18 | | full-time
teaching service shall be $192.
|
19 | | (c) Contributions shall not be required of any annuitant |
20 | | receiving
a retirement annuity who is given employment as |
21 | | permitted under Section 16-118 or 16-150.1.
|
22 | | (d) A person who (i) was a member before July 1, 1998, (ii) |
23 | | retires with
more than 34 years of creditable service, and |
24 | | (iii) does not elect to qualify
for the augmented rate under |
25 | | Section 16-129.1 shall be entitled, at the time
of retirement, |
26 | | to receive a partial refund of contributions made under this
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1 | | Section for service occurring after the later of June 30, 1998 |
2 | | or attainment
of 34 years of creditable service, in an amount |
3 | | equal to 1.00% of the salary
upon which those contributions |
4 | | were based.
|
5 | | (e) A member's contributions toward the cost of early |
6 | | retirement without discount made under item (a)(4) of this |
7 | | Section shall not be refunded if the member has elected early |
8 | | retirement without discount under Section 16-133.2 and has |
9 | | begun to receive a retirement annuity under this Article |
10 | | calculated in accordance with that election. Otherwise, a |
11 | | member's contributions toward the cost of early retirement |
12 | | without discount made under item (a)(4) of this Section shall |
13 | | be refunded according to whichever one of the following |
14 | | circumstances occurs first: |
15 | | (1) The contributions shall be refunded to the member, |
16 | | without interest, within 120 days after the member's |
17 | | retirement annuity commences, if the member does not elect |
18 | | early retirement without discount under Section 16-133.2. |
19 | | (2) The contributions shall be included, without |
20 | | interest, in any refund claimed by the member under Section |
21 | | 16-151. |
22 | | (3) The contributions shall be refunded to the member's |
23 | | designated beneficiary (or if there is no beneficiary, to |
24 | | the member's estate), without interest, if the member dies |
25 | | without having begun to receive a retirement annuity under |
26 | | this Article. |
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1 | | (4) The contributions shall be refunded to the member, |
2 | | without interest, within 120 days after the early |
3 | | retirement without discount option provided under Section |
4 | | 16-133.2 is terminated under Section 16-176.
|
5 | | (f) Notwithstanding anything in this Section to the |
6 | | contrary, beginning July 1, 2013, all members shall be required |
7 | | to make the following contributions: |
8 | | (1) Members who elect the traditional benefit package |
9 | | provided under paragraph (1) of subsection (a) of Section |
10 | | 16-133.6 of this Code shall contribute: |
11 | | (A) In fiscal year 2014, fiscal year 2015, and |
12 | | fiscal year 2016, an amount equal to 13.77% of salary. |
13 | | (B) In fiscal year 2017 and in each fiscal year |
14 | | thereafter, a percentage of salary equal to the |
15 | | actuarially determined fiscal year 2017 normal cost of |
16 | | the traditional benefit package, minus contributions |
17 | | by the State of Illinois in fiscal year 2017 under |
18 | | subsection (a) of Section 16-158.2, provided that no |
19 | | member's contribution shall be less than 6% or more |
20 | | than 15.77% of salary. The System shall certify the |
21 | | actuarially determined fiscal year 2017 normal cost of |
22 | | the traditional benefit package and the amount of the |
23 | | required member contribution. |
24 | | (2) In fiscal year 2014 and in each fiscal year |
25 | | thereafter, members who elect the revised benefit package |
26 | | provided under paragraph (2) of subsection (a) of Section |
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1 | | 16-133.6 of this Code shall contribute an amount equal to |
2 | | the greater of the actuarially determined long term normal |
3 | | cost of the revised benefit package as calculated in fiscal |
4 | | year 2014 or 12%, minus contributions by the State of |
5 | | Illinois in fiscal year 2014 under subsection (b) of |
6 | | Section 16-158.2, provided that no member's contribution |
7 | | shall be less than 6% of salary. The System shall certify |
8 | | the actuarially determined long term normal cost of such |
9 | | revised benefit package and the amount of the required |
10 | | member contribution. For purposes of this paragraph (2), |
11 | | long term normal cost shall be defined as the normal cost |
12 | | of the revised benefit package assuming that all employees |
13 | | are covered under the revised benefit package. |
14 | | Contributions under this paragraph (2) shall be based on |
15 | | pensionable salary. |
16 | | (3) In fiscal year 2014 and in each fiscal year |
17 | | thereafter, members who elect the self-managed plan |
18 | | provided under Section 16-133.8 of this Code shall |
19 | | contribute a minimum of 6% of salary. Members who elect the |
20 | | self-managed plan provided under Section 16-133.8 of this |
21 | | Code may elect to increase their member contribution in |
22 | | accordance with rules prescribed by the Board. |
23 | | (Source: P.A. 93-320, eff. 7-23-03; 94-4, eff. 6-1-05.)
|
24 | | (40 ILCS 5/16-152.2 new) |
25 | | Sec. 16-152.2. Increases in member contributions. If the |
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1 | | member contribution required under Section 16-152 increases |
2 | | for any member pursuant to this amendatory Act of the 97th |
3 | | General Assembly, the additional member contribution in excess |
4 | | of the prior member contribution for such member shall be |
5 | | deducted from the member's salary unless the member's employer |
6 | | agrees pursuant to Section 414(h) of the Internal Revenue Code |
7 | | to pick up and pay part or all of such increased contribution |
8 | | in addition to the member's salary.
|
9 | | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
|
10 | | Sec. 16-158. Contributions by State and other employing |
11 | | units.
|
12 | | (a) The State shall make contributions to the System by |
13 | | means of
appropriations from the Common School Fund and other |
14 | | State funds of amounts
which, together with other employer |
15 | | contributions, employee contributions,
investment income, and |
16 | | other income, will be sufficient to meet the cost of
|
17 | | maintaining and administering the System on a 90% funded basis |
18 | | in accordance
with actuarial recommendations.
|
19 | | The Board shall determine the amount of State contributions |
20 | | required for
each fiscal year on the basis of the actuarial |
21 | | tables and other assumptions
adopted by the Board and the |
22 | | recommendations of the actuary, using the formula
in subsection |
23 | | (b-3).
|
24 | | (a-1) Annually, on or before November 15, the Board shall |
25 | | certify to the
Governor the amount of the required State |
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1 | | contribution for the coming fiscal
year. The certification |
2 | | shall include a copy of the actuarial recommendations
upon |
3 | | which it is based.
|
4 | | On or before May 1, 2004, the Board shall recalculate and |
5 | | recertify to
the Governor the amount of the required State |
6 | | contribution to the System for
State fiscal year 2005, taking |
7 | | into account the amounts appropriated to and
received by the |
8 | | System under subsection (d) of Section 7.2 of the General
|
9 | | Obligation Bond Act.
|
10 | | On or before July 1, 2005 April 1, 2011 , the Board shall |
11 | | recalculate and recertify
to the Governor the amount of the |
12 | | required State
contribution to the System for State fiscal year |
13 | | 2006, taking into account the changes in required State |
14 | | contributions made by this amendatory Act of the 94th General |
15 | | Assembly.
|
16 | | On or before April 1, 2011 June 15, 2010 , the Board shall |
17 | | recalculate and recertify to the Governor the amount of the |
18 | | required State contribution to the System for State fiscal year |
19 | | 2011, applying the changes made by Public Act 96-889 to the |
20 | | System's assets and liabilities as of June 30, 2009 as though |
21 | | Public Act 96-889 was approved on that date. |
22 | | (b) Through State fiscal year 1995, the State contributions |
23 | | shall be
paid to the System in accordance with Section 18-7 of |
24 | | the School Code.
|
25 | | (b-1) Beginning in State fiscal year 1996, on the 15th day |
26 | | of each month,
or as soon thereafter as may be practicable, the |
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1 | | Board shall submit vouchers
for payment of State contributions |
2 | | to the System, in a total monthly amount of
one-twelfth of the |
3 | | required annual State contribution certified under
subsection |
4 | | (a-1).
From the
effective date of this amendatory Act of the |
5 | | 93rd General Assembly
through June 30, 2004, the Board shall |
6 | | not submit vouchers for the
remainder of fiscal year 2004 in |
7 | | excess of the fiscal year 2004
certified contribution amount |
8 | | determined under this Section
after taking into consideration |
9 | | the transfer to the System
under subsection (a) of Section |
10 | | 6z-61 of the State Finance Act.
These vouchers shall be paid by |
11 | | the State Comptroller and
Treasurer by warrants drawn on the |
12 | | funds appropriated to the System for that
fiscal year.
|
13 | | If in any month the amount remaining unexpended from all |
14 | | other appropriations
to the System for the applicable fiscal |
15 | | year (including the appropriations to
the System under Section |
16 | | 8.12 of the State Finance Act and Section 1 of the
State |
17 | | Pension Funds Continuing Appropriation Act) is less than the |
18 | | amount
lawfully vouchered under this subsection, the |
19 | | difference shall be paid from the
Common School Fund under the |
20 | | continuing appropriation authority provided in
Section 1.1 of |
21 | | the State Pension Funds Continuing Appropriation Act.
|
22 | | (b-2) Allocations from the Common School Fund apportioned |
23 | | to school
districts not coming under this System shall not be |
24 | | diminished or affected by
the provisions of this Article.
|
25 | | (b-3) For State fiscal years 2014 2012 through 2045, the |
26 | | minimum contribution
to the System to be made by the State for |
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1 | | each fiscal year shall be an amount equal to the sum of (i) the
|
2 | | contribution determined under Section 16-158.2, plus (ii) an |
3 | | amount
determined by the System to be sufficient to bring the |
4 | | total assets of the
System up to 90% of the total actuarial |
5 | | liabilities of the System by the end of
State fiscal year 2045. |
6 | | In making the these determinations under item (ii) of this |
7 | | subsection (b-3), for State fiscal years 2017 through 2045 , the |
8 | | required State
contribution shall be calculated each year as a |
9 | | level percentage of revenue provided by the individual income |
10 | | tax, sales tax, and corporate income tax assuming a 2.3% |
11 | | average annual growth rate in these revenues based on the most |
12 | | recent fiscal year's actual revenues as reported by the |
13 | | Commission on Government Forecasting and Accountability |
14 | | payroll
over the years remaining to and including fiscal year |
15 | | 2045 and shall be
determined under the projected unit credit |
16 | | actuarial cost method.
|
17 | | Notwithstanding any other provision of this Article, For |
18 | | State fiscal years 2014 1996 through 2016 2005 , the State |
19 | | contribution to the
System under item (ii) of this subsection |
20 | | (b-3) , as a percentage of State revenue from the individual |
21 | | income tax, sales tax, and corporate income tax the applicable |
22 | | employee payroll , shall be increased
in equal annual increments |
23 | | so that by State fiscal year 2017 2011 , the State is
|
24 | | contributing at the rate required under this Section . |
25 | | For State fiscal years 2014 through 2045, the total State |
26 | | contribution required in each fiscal year under this subsection |
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|
1 | | (b-3) must not be less than 100% of the prior fiscal year's |
2 | | actual or required contribution, whichever is greater. |
3 | | Notwithstanding any other provision of this Article, the |
4 | | total required State contribution for this System for State |
5 | | fiscal year 2013 shall be $2,765,140,669. |
6 | | In ; except that in the
following specified State fiscal |
7 | | years, the State contribution to the System
shall not be less |
8 | | than the following indicated percentages of the applicable
|
9 | | employee payroll, even if the indicated percentage will produce |
10 | | a State
contribution in excess of the amount otherwise required |
11 | | under this subsection
and subsection (a), and notwithstanding |
12 | | any contrary certification made under
subsection (a-1) before |
13 | | the effective date of this amendatory Act of 1998:
10.02% in FY |
14 | | 1999;
10.77% in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
|
15 | | 12.86% in FY 2003; and
13.56% in FY 2004.
|
16 | | Notwithstanding any other provision of this Article, the |
17 | | total required State
contribution for State fiscal year 2006 is |
18 | | $534,627,700.
|
19 | | Notwithstanding any other provision of this Article, the |
20 | | total required State
contribution for State fiscal year 2007 is |
21 | | $738,014,500.
|
22 | | For each of State fiscal years 2008 through 2009, the State |
23 | | contribution to
the System, as a percentage of the applicable |
24 | | employee payroll, shall be
increased in equal annual increments |
25 | | from the required State contribution for State fiscal year |
26 | | 2007, so that by State fiscal year 2011, the
State is |
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1 | | contributing at the rate otherwise required under this Section.
|
2 | | Notwithstanding any other provision of this Article, the |
3 | | total required State contribution for State fiscal year 2010 is |
4 | | $2,089,268,000 and shall be made from the proceeds of bonds |
5 | | sold in fiscal year 2010 pursuant to Section 7.2 of the General |
6 | | Obligation Bond Act, less (i) the pro rata share of bond sale |
7 | | expenses determined by the System's share of total bond |
8 | | proceeds, (ii) any amounts received from the Common School Fund |
9 | | in fiscal year 2010, and (iii) any reduction in bond proceeds |
10 | | due to the issuance of discounted bonds, if applicable. |
11 | | Notwithstanding any other provision of this Article, the
|
12 | | total required State contribution for State fiscal year 2011 is
|
13 | | the amount recertified by the System on or before April 1, 2011 |
14 | | pursuant to subsection (a-1) of this Section and shall be made |
15 | | from the proceeds of bonds
sold in fiscal year 2011 pursuant to |
16 | | Section 7.2 of the General
Obligation Bond Act, less (i) the |
17 | | pro rata share of bond sale
expenses determined by the System's |
18 | | share of total bond
proceeds, (ii) any amounts received from |
19 | | the Common School Fund
in fiscal year 2011, and (iii) any |
20 | | reduction in bond proceeds
due to the issuance of discounted |
21 | | bonds, if applicable. This amount shall include, in addition to |
22 | | the amount certified by the System, an amount necessary to meet |
23 | | employer contributions required by the State as an employer |
24 | | under paragraph (e) of this Section, which may also be used by |
25 | | the System for contributions required by paragraph (a) of |
26 | | Section 16-127. |
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1 | | Beginning in State fiscal year 2046, the minimum State |
2 | | contribution for
each fiscal year shall be an amount equal to |
3 | | the contribution determined under Section 16-158.1, plus the |
4 | | amount needed to maintain the total assets of
the System at 90% |
5 | | of the total actuarial liabilities of the System.
|
6 | | Amounts received by the System pursuant to Section 25 of |
7 | | the Budget Stabilization Act or Section 8.12 of the State |
8 | | Finance Act in any fiscal year do not reduce and do not |
9 | | constitute payment of any portion of the minimum State |
10 | | contribution required under this Article in that fiscal year. |
11 | | Such amounts shall not reduce, and shall not be included in the |
12 | | calculation of, the required State contributions under this |
13 | | Article in any future year until the System has reached a |
14 | | funding ratio of at least 90%. A reference in this Article to |
15 | | the "required State contribution" or any substantially similar |
16 | | term does not include or apply to any amounts payable to the |
17 | | System under Section 25 of the Budget Stabilization Act. |
18 | | Notwithstanding any other provision of this Section, the |
19 | | required State
contribution for State fiscal year 2005 and for |
20 | | fiscal year 2008 and each fiscal year thereafter, as
calculated |
21 | | under this Section and
certified under subsection (a-1), shall |
22 | | not exceed an amount equal to (i) the
amount of the required |
23 | | State contribution that would have been calculated under
this |
24 | | Section for that fiscal year if the System had not received any |
25 | | payments
under subsection (d) of Section 7.2 of the General |
26 | | Obligation Bond Act, minus
(ii) the portion of the State's |
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1 | | total debt service payments for that fiscal
year on the bonds |
2 | | issued in fiscal year 2003 for the purposes of that Section |
3 | | 7.2, as determined
and certified by the Comptroller, that is |
4 | | the same as the System's portion of
the total moneys |
5 | | distributed under subsection (d) of Section 7.2 of the General
|
6 | | Obligation Bond Act. In determining this maximum for State |
7 | | fiscal years 2008 through 2010, however, the amount referred to |
8 | | in item (i) shall be increased, as a percentage of the |
9 | | applicable employee payroll, in equal increments calculated |
10 | | from the sum of the required State contribution for State |
11 | | fiscal year 2007 plus the applicable portion of the State's |
12 | | total debt service payments for fiscal year 2007 on the bonds |
13 | | issued in fiscal year 2003 for the purposes of Section 7.2 of |
14 | | the General
Obligation Bond Act, so that, by State fiscal year |
15 | | 2011, the
State is contributing at the rate otherwise required |
16 | | under this Section.
|
17 | | (c) Payment of the required State contributions and of all |
18 | | pensions,
retirement annuities, death benefits, refunds, and |
19 | | other benefits granted
under or assumed by this System, and all |
20 | | expenses in connection with the
administration and operation |
21 | | thereof, are obligations of the State.
|
22 | | If members are paid from special trust or federal funds |
23 | | which are
administered by the employing unit, whether school |
24 | | district or other
unit, the employing unit shall pay to the |
25 | | System from such
funds the full accruing retirement costs based |
26 | | upon that
service, as determined by the System. Employer |
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1 | | contributions, based on
salary paid to members from federal |
2 | | funds, may be forwarded by the distributing
agency of the State |
3 | | of Illinois to the System prior to allocation, in an
amount |
4 | | determined in accordance with guidelines established by such
|
5 | | agency and the System.
|
6 | | (d) Effective July 1, 1986, any employer of a teacher as |
7 | | defined in
paragraph (8) of Section 16-106 shall pay the |
8 | | employer's normal cost
of benefits based upon the teacher's |
9 | | service, in addition to
employee contributions, as determined |
10 | | by the System. Such employer
contributions shall be forwarded |
11 | | monthly in accordance with guidelines
established by the |
12 | | System.
|
13 | | However, with respect to benefits granted under Section |
14 | | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) |
15 | | of Section 16-106, the
employer's contribution shall be 12% |
16 | | (rather than 20%) of the member's
highest annual salary rate |
17 | | for each year of creditable service granted, and
the employer |
18 | | shall also pay the required employee contribution on behalf of
|
19 | | the teacher. For the purposes of Sections 16-133.4 and |
20 | | 16-133.5, a teacher
as defined in paragraph (8) of Section |
21 | | 16-106 who is serving in that capacity
while on leave of |
22 | | absence from another employer under this Article shall not
be |
23 | | considered an employee of the employer from which the teacher |
24 | | is on leave.
|
25 | | (e) Beginning July 1, 1998, every employer of a teacher
|
26 | | shall pay to the System an employer contribution computed as |
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1 | | follows:
|
2 | | (1) Beginning July 1, 1998 through June 30, 1999, the |
3 | | employer
contribution shall be equal to 0.3% of each |
4 | | teacher's salary.
|
5 | | (2) Beginning July 1, 1999 and thereafter, the employer
|
6 | | contribution shall be equal to 0.58% of each teacher's |
7 | | salary.
|
8 | | The school district or other employing unit may pay these |
9 | | employer
contributions out of any source of funding available |
10 | | for that purpose and
shall forward the contributions to the |
11 | | System on the schedule established
for the payment of member |
12 | | contributions.
|
13 | | These employer contributions are intended to offset a |
14 | | portion of the cost
to the System of the increases in |
15 | | retirement benefits resulting from this
amendatory Act of 1998.
|
16 | | Each employer of teachers is entitled to a credit against |
17 | | the contributions
required under this subsection (e) with |
18 | | respect to salaries paid to teachers
for the period January 1, |
19 | | 2002 through June 30, 2003, equal to the amount paid
by that |
20 | | employer under subsection (a-5) of Section 6.6 of the State |
21 | | Employees
Group Insurance Act of 1971 with respect to salaries |
22 | | paid to teachers for that
period.
|
23 | | The additional 1% employee contribution required under |
24 | | Section 16-152 by
this amendatory Act of 1998 is the |
25 | | responsibility of the teacher and not the
teacher's employer, |
26 | | unless the employer agrees, through collective bargaining
or |
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1 | | otherwise, to make the contribution on behalf of the teacher.
|
2 | | If an employer is required by a contract in effect on May |
3 | | 1, 1998 between the
employer and an employee organization to |
4 | | pay, on behalf of all its full-time
employees
covered by this |
5 | | Article, all mandatory employee contributions required under
|
6 | | this Article, then the employer shall be excused from paying |
7 | | the employer
contribution required under this subsection (e) |
8 | | for the balance of the term
of that contract. The employer and |
9 | | the employee organization shall jointly
certify to the System |
10 | | the existence of the contractual requirement, in such
form as |
11 | | the System may prescribe. This exclusion shall cease upon the
|
12 | | termination, extension, or renewal of the contract at any time |
13 | | after May 1,
1998.
|
14 | | (f) If the amount of a teacher's salary for any school year |
15 | | used to determine final average salary exceeds the member's |
16 | | annual full-time salary rate with the same employer for the |
17 | | previous school year by more than 6%, the teacher's employer |
18 | | shall pay to the System, in addition to all other payments |
19 | | required under this Section and in accordance with guidelines |
20 | | established by the System, the present value of the increase in |
21 | | benefits resulting from the portion of the increase in salary |
22 | | that is in excess of 6%. This present value shall be computed |
23 | | by the System on the basis of the actuarial assumptions and |
24 | | tables used in the most recent actuarial valuation of the |
25 | | System that is available at the time of the computation. If a |
26 | | teacher's salary for the 2005-2006 school year is used to |
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1 | | determine final average salary under this subsection (f), then |
2 | | the changes made to this subsection (f) by Public Act 94-1057 |
3 | | shall apply in calculating whether the increase in his or her |
4 | | salary is in excess of 6%. For the purposes of this Section, |
5 | | change in employment under Section 10-21.12 of the School Code |
6 | | on or after June 1, 2005 shall constitute a change in employer. |
7 | | The System may require the employer to provide any pertinent |
8 | | information or documentation.
The changes made to this |
9 | | subsection (f) by this amendatory Act of the 94th General |
10 | | Assembly apply without regard to whether the teacher was in |
11 | | service on or after its effective date.
|
12 | | Whenever it determines that a payment is or may be required |
13 | | under this subsection, the System shall calculate the amount of |
14 | | the payment and bill the employer for that amount. The bill |
15 | | shall specify the calculations used to determine the amount |
16 | | due. If the employer disputes the amount of the bill, it may, |
17 | | within 30 days after receipt of the bill, apply to the System |
18 | | in writing for a recalculation. The application must specify in |
19 | | detail the grounds of the dispute and, if the employer asserts |
20 | | that the calculation is subject to subsection (g) or (h) of |
21 | | this Section, must include an affidavit setting forth and |
22 | | attesting to all facts within the employer's knowledge that are |
23 | | pertinent to the applicability of that subsection. Upon |
24 | | receiving a timely application for recalculation, the System |
25 | | shall review the application and, if appropriate, recalculate |
26 | | the amount due.
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1 | | The employer contributions required under this subsection |
2 | | (f) may be paid in the form of a lump sum within 90 days after |
3 | | receipt of the bill. If the employer contributions are not paid |
4 | | within 90 days after receipt of the bill, then interest will be |
5 | | charged at a rate equal to the System's annual actuarially |
6 | | assumed rate of return on investment compounded annually from |
7 | | the 91st day after receipt of the bill. Payments must be |
8 | | concluded within 3 years after the employer's receipt of the |
9 | | bill.
|
10 | | (g) This subsection (g) applies only to payments made or |
11 | | salary increases given on or after June 1, 2005 but before July |
12 | | 1, 2011. The changes made by Public Act 94-1057 shall not |
13 | | require the System to refund any payments received before
July |
14 | | 31, 2006 (the effective date of Public Act 94-1057). |
15 | | When assessing payment for any amount due under subsection |
16 | | (f), the System shall exclude salary increases paid to teachers |
17 | | under contracts or collective bargaining agreements entered |
18 | | into, amended, or renewed before June 1, 2005.
|
19 | | When assessing payment for any amount due under subsection |
20 | | (f), the System shall exclude salary increases paid to a |
21 | | teacher at a time when the teacher is 10 or more years from |
22 | | retirement eligibility under Section 16-132 or 16-133.2.
|
23 | | When assessing payment for any amount due under subsection |
24 | | (f), the System shall exclude salary increases resulting from |
25 | | overload work, including summer school, when the school |
26 | | district has certified to the System, and the System has |
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1 | | approved the certification, that (i) the overload work is for |
2 | | the sole purpose of classroom instruction in excess of the |
3 | | standard number of classes for a full-time teacher in a school |
4 | | district during a school year and (ii) the salary increases are |
5 | | equal to or less than the rate of pay for classroom instruction |
6 | | computed on the teacher's current salary and work schedule.
|
7 | | When assessing payment for any amount due under subsection |
8 | | (f), the System shall exclude a salary increase resulting from |
9 | | a promotion (i) for which the employee is required to hold a |
10 | | certificate or supervisory endorsement issued by the State |
11 | | Teacher Certification Board that is a different certification |
12 | | or supervisory endorsement than is required for the teacher's |
13 | | previous position and (ii) to a position that has existed and |
14 | | been filled by a member for no less than one complete academic |
15 | | year and the salary increase from the promotion is an increase |
16 | | that results in an amount no greater than the lesser of the |
17 | | average salary paid for other similar positions in the district |
18 | | requiring the same certification or the amount stipulated in |
19 | | the collective bargaining agreement for a similar position |
20 | | requiring the same certification.
|
21 | | When assessing payment for any amount due under subsection |
22 | | (f), the System shall exclude any payment to the teacher from |
23 | | the State of Illinois or the State Board of Education over |
24 | | which the employer does not have discretion, notwithstanding |
25 | | that the payment is included in the computation of final |
26 | | average salary.
|
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1 | | (h) When assessing payment for any amount due under |
2 | | subsection (f), the System shall exclude any salary increase |
3 | | described in subsection (g) of this Section given on or after |
4 | | July 1, 2011 but before July 1, 2014 under a contract or |
5 | | collective bargaining agreement entered into, amended, or |
6 | | renewed on or after June 1, 2005 but before July 1, 2011. |
7 | | Notwithstanding any other provision of this Section, any |
8 | | payments made or salary increases given after June 30, 2014 |
9 | | shall be used in assessing payment for any amount due under |
10 | | subsection (f) of this Section.
|
11 | | (i) The System shall prepare a report and file copies of |
12 | | the report with the Governor and the General Assembly by |
13 | | January 1, 2007 that contains all of the following information: |
14 | | (1) The number of recalculations required by the |
15 | | changes made to this Section by Public Act 94-1057 for each |
16 | | employer. |
17 | | (2) The dollar amount by which each employer's |
18 | | contribution to the System was changed due to |
19 | | recalculations required by Public Act 94-1057. |
20 | | (3) The total amount the System received from each |
21 | | employer as a result of the changes made to this Section by |
22 | | Public Act 94-4. |
23 | | (4) The increase in the required State contribution |
24 | | resulting from the changes made to this Section by Public |
25 | | Act 94-1057.
|
26 | | (j) For purposes of determining the required State |
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1 | | contribution to the System, the value of the System's assets |
2 | | shall be equal to the actuarial value of the System's assets, |
3 | | which shall be calculated as follows: |
4 | | As of June 30, 2008, the actuarial value of the System's |
5 | | assets shall be equal to the market value of the assets as of |
6 | | that date. In determining the actuarial value of the System's |
7 | | assets for fiscal years after June 30, 2008, any actuarial |
8 | | gains or losses from investment return incurred in a fiscal |
9 | | year shall be recognized in equal annual amounts over the |
10 | | 5-year period following that fiscal year. |
11 | | (k) For purposes of determining the required State |
12 | | contribution to the system for a particular year, the actuarial |
13 | | value of assets shall be assumed to earn a rate of return equal |
14 | | to the system's actuarially assumed rate of return. |
15 | | (Source: P.A. 95-331, eff. 8-21-07; 95-950, eff. 8-29-08; |
16 | | 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; 96-1511, eff. |
17 | | 1-27-11; 96-1554, eff. 3-18-11; revised 4-6-11.)
|
18 | | (40 ILCS 5/16-158.2 new) |
19 | | Sec. 16-158.2. Additional State contributions. In addition |
20 | | to any amounts required to amortize the unfunded liabilities of |
21 | | the System, as required of the State of Illinois in Section |
22 | | 16-158, the following amounts shall be required of the State of |
23 | | Illinois for fiscal year 2014 and each fiscal year thereafter: |
24 | | (a) For all members electing benefits under paragraphs (1) |
25 | | of subsection (a) of Section 16-133.6, an amount equal to 6% of |
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1 | | total salary for the respective member group. |
2 | | (b) For all members electing benefits under paragraphs (2) |
3 | | of subsection (a) of Section 16-133.6, an amount equal to 6% of |
4 | | total pensionable salary for the respective member group. |
5 | | (c) For all members electing benefits under paragraph (3) |
6 | | of subsection (a) of Section 16-133.6, an amount equal to (i) |
7 | | 6% of salary for all such members and (ii) an amount determined |
8 | | by the System to fund the disability plan provided for such |
9 | | members. |
10 | | (40 ILCS 5/16-204 new) |
11 | | Sec. 16-204. Qualified plan status. No provision of this |
12 | | Article shall be interpreted in a way that would cause the |
13 | | System to cease to be a qualified plan under Section 401(a) of |
14 | | the Internal Revenue Code. |
15 | | (40 ILCS 5/17-109.3 new) |
16 | | Sec. 17-109.3. Reformed benefit package. "Reformed benefit |
17 | | package": The defined benefit retirement program maintained |
18 | | under the Fund for members who first become members in the Fund |
19 | | on or after January 1, 2011. |
20 | | (40 ILCS 5/17-109.4 new) |
21 | | Sec. 17-109.4. Self-managed plan. "Self-managed plan": The |
22 | | defined contribution retirement program maintained under the |
23 | | Fund as described in Section 17-130.5. The self-managed plan |
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1 | | shall not include service retirement pensions, early |
2 | | retirement pensions, reversionary pensions, survivor's |
3 | | benefits, children's benefits, death benefits, or automatic |
4 | | increases in pensions. |
5 | | (40 ILCS 5/17-109.5 new) |
6 | | Sec. 17-109.5. Traditional benefit package. "Traditional |
7 | | benefit package": The defined benefit retirement program |
8 | | maintained under the Fund for members who first became members |
9 | | in the Fund before January 1, 2011.
|
10 | | (40 ILCS 5/17-116) (from Ch. 108 1/2, par. 17-116)
|
11 | | Sec. 17-116. Service retirement pension. The provisions of |
12 | | this Section do not apply to participants who are participating |
13 | | in the self-managed plan.
|
14 | | (a) Each teacher having 20 years of service upon attainment |
15 | | of age 55,
or who thereafter attains age 55 shall be entitled |
16 | | to a service retirement
pension upon or after attainment of age |
17 | | 55; and each teacher in service on or
after July 1, 1971, with |
18 | | 5 or more but less than 20 years of service shall be
entitled |
19 | | to receive a service retirement pension upon or after |
20 | | attainment of
age 62.
|
21 | | (b) The service retirement pension
for a teacher who |
22 | | retires on or after June 25, 1971, at age
60 or over, shall be |
23 | | calculated as follows:
|
24 | | (1) For creditable service earned before July 1, 1998 |
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1 | | that has not been
augmented under Section 17-119.1: 1.67% |
2 | | for each of the first 10 years
of service; 1.90% for each |
3 | | of the next 10 years of service; 2.10% for
each year of |
4 | | service in excess of 20 but not exceeding 30; and 2.30% for
|
5 | | each year of service in excess of 30, based upon average |
6 | | salary as
herein defined.
|
7 | | (2) For creditable service earned on or after July 1, |
8 | | 1998 by a member
who has at least 30 years of creditable |
9 | | service on July 1, 1998 and who does
not elect to augment |
10 | | service under Section 17-119.1: 2.3% of average salary
for |
11 | | each year of creditable service earned on or after July 1, |
12 | | 1998.
|
13 | | (3) For all other creditable service: 2.2% of average |
14 | | salary
for each year of creditable service.
|
15 | | (c) When computing such service retirement pensions, the
|
16 | | following conditions shall apply:
|
17 | | 1. Average salary shall consist of the average annual |
18 | | rate of salary
for the 4 consecutive years of validated |
19 | | service within the last 10 years
of service when such |
20 | | average annual rate was highest. In the determination
of |
21 | | average salary for retirement allowance purposes, for |
22 | | members who
commenced employment after August 31, 1979, |
23 | | that part of the salary for any
year shall be excluded |
24 | | which exceeds the annual full-time salary rate for
the |
25 | | preceding year by more than 20%. In the case of a member |
26 | | who commenced
employment before August 31, 1979 and who |
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1 | | receives salary during any year
after September 1, 1983 |
2 | | which exceeds the annual full time salary rate for
the |
3 | | preceding year by more than 20%,
an Employer and other |
4 | | employers of
eligible contributors as defined in Section |
5 | | 17-106
shall pay to the Fund an amount equal to the present |
6 | | value of the
additional service retirement pension |
7 | | resulting from such excess salary.
The present value of the |
8 | | additional service retirement pension shall be
computed by |
9 | | the Board on the basis of actuarial tables adopted by the
|
10 | | Board. If a member elects to receive a pension from this |
11 | | Fund
provided by
Section 20-121, his salary under the State |
12 | | Universities Retirement System
and the Teachers' |
13 | | Retirement System of the State of Illinois shall be
|
14 | | considered in determining such average salary. Amounts |
15 | | paid after the
effective date of this amendatory Act of |
16 | | 1991 for unused vacation time
earned after that effective |
17 | | date shall not under any circumstances be
included in the |
18 | | calculation of average salary or the annual rate of salary
|
19 | | for the purposes of this Article.
|
20 | | 2. Proportionate credit shall be given for validated |
21 | | service of less
than one year.
|
22 | | 3. For retirement at age 60 or over the pension shall |
23 | | be payable at
the full rate.
|
24 | | 4. For separation from service below age 60 to a |
25 | | minimum age of 55,
the pension shall be discounted at the |
26 | | rate of 1/2 of one per cent for
each month that the age of |
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1 | | the contributor is less than 60, but a
teacher may elect to |
2 | | defer the effective date of pension in order to
eliminate |
3 | | or reduce this discount. This discount shall not be |
4 | | applicable
to any participant who has at least 34 years of |
5 | | service or a
retirement pension of at least 74.6% of |
6 | | average salary on the date the
retirement annuity begins.
|
7 | | 5. No additional pension shall be granted for service |
8 | | exceeding 45
years. Beginning June 26, 1971 no pension |
9 | | shall exceed the greater of
$1,500 per month or 75% of |
10 | | average salary as herein defined.
|
11 | | 6. Service retirement pensions shall begin on the |
12 | | effective date of
resignation, retirement, the day |
13 | | following the close of the payroll
period for which service |
14 | | credit was validated, or the time the person
resigning or |
15 | | retiring attains age 55, or on a date elected by the
|
16 | | teacher, whichever shall be latest.
|
17 | | 7. A member who is eligible to receive a retirement |
18 | | pension of at least
74.6% of average salary and will attain |
19 | | age 55 on or before December 31
during the year which |
20 | | commences on July 1 shall be deemed to attain age 55 on
the |
21 | | preceding June 1.
|
22 | | 8. A member retiring after the effective date of this |
23 | | amendatory Act
of 1998 shall receive a pension equal to 75% |
24 | | of average salary if the
member is qualified to receive a |
25 | | retirement pension equal to at least 74.6%
of average |
26 | | salary under this Article or as proportional annuities |
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1 | | under
Article 20 of this Code.
|
2 | | (Source: P.A. 90-566, eff. 1-2-98; 90-582, eff. 5-27-98.)
|
3 | | (40 ILCS 5/17-130) (from Ch. 108 1/2, par. 17-130)
|
4 | | Sec. 17-130. Participants' contributions by payroll |
5 | | deductions.
|
6 | | (a) There shall be deducted from the salary of each teacher |
7 | | 7.50% of his salary for service or disability retirement |
8 | | pension and
0.5% of salary for the annual increase in base |
9 | | pension.
|
10 | | In addition, there shall be deducted from the salary of |
11 | | each teacher
1% of his salary for survivors' and children's |
12 | | pensions.
|
13 | | (b) An Employer and any employer of eligible contributors |
14 | | as defined in
Section 17-106 is authorized to make the |
15 | | necessary deductions from the salaries
of its teachers. Such |
16 | | amounts shall be included as a part of the Fund. An
Employer |
17 | | and any employer of eligible contributors as defined in Section |
18 | | 17-106
shall formulate such rules and regulations as may be |
19 | | necessary to give effect
to the provisions of this Section.
|
20 | | (c) All persons employed as teachers shall, by such |
21 | | employment,
accept the provisions of this Article and of |
22 | | Sections 34-83 to 34-85,
inclusive, of "The School Code", |
23 | | approved March 18, 1961, as amended,
and thereupon become |
24 | | contributors to the Fund in accordance with the
terms thereof. |
25 | | The provisions of this Article and of those Sections
shall |
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1 | | become a part of the contract of employment.
|
2 | | (d) A person who (i) was a member before July 1, 1998, (ii) |
3 | | retires with
more than 34 years of creditable service, and |
4 | | (iii) does not elect to qualify
for the augmented rate under |
5 | | Section 17-119.1 shall be entitled, at the time of
retirement, |
6 | | to receive a partial refund of contributions made under this
|
7 | | Section for service occurring after the later of June 30, 1998 |
8 | | or attainment of
34 years of creditable service, in an amount |
9 | | equal to 1.00% of the salary upon
which those contributions |
10 | | were based.
|
11 | | (d-5) Notwithstanding any other provision of this Article, |
12 | | beginning July 1, 2013, all members shall be required to make |
13 | | the following contributions: |
14 | | (1) Members who elect the traditional benefit package |
15 | | under paragraph (1) of subsection (a) of Section 17-130.4 |
16 | | of this Code shall contribute: |
17 | | (A) In fiscal year 2014, fiscal year 2015, and |
18 | | fiscal year 2016, an amount equal to 12.75% of salary. |
19 | | (B) In fiscal year 2017 and in each fiscal year |
20 | | thereafter, a percentage of salary equal to the |
21 | | actuarially determined normal cost of the traditional |
22 | | benefit package, minus an amount equal to 6% of total |
23 | | pensionable salary. The Fund shall certify the |
24 | | actuarially determined normal cost of the traditional |
25 | | benefit package and the amount of required participant |
26 | | contributions by July 1, 2016 and every 3 years |
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1 | | thereafter. |
2 | | (2) Members who elect the reformed benefit package |
3 | | under paragraph (2) of subsection (a) of Section 17-130.4 |
4 | | of this Code shall contribute: |
5 | | (A) In fiscal year 2014, fiscal year 2015, and |
6 | | fiscal year 2016, an amount equal to 7% of salary. |
7 | | (B) In fiscal year 2017 and in each fiscal year |
8 | | thereafter, a percentage of salary equal to the |
9 | | actuarially determined normal cost of the reformed |
10 | | benefit package, minus an amount equal to 6% of total |
11 | | pensionable salary. The Fund shall certify the |
12 | | actuarially determined normal cost of the reformed |
13 | | benefit package and the amount of required employee |
14 | | contributions by July 1, 2016 and every 3 years |
15 | | thereafter. |
16 | | (3) Members who elect the self-managed plan under |
17 | | paragraph (3) of subsection (a) of Section 17-130.4 of this |
18 | | Code shall contribute a minimum of 6% of salary. |
19 | | Participants who elect the self-managed plan provided |
20 | | under Section 17-130.4 of this Code may elect to increase |
21 | | their employee contributions in accordance with rules |
22 | | prescribed by the Board. |
23 | | No prior contribution increases or other additional |
24 | | contributions specified by this Section shall apply to any |
25 | | participant for service on or after July 1, 2013. |
26 | | (Source: P.A. 97-8, eff. 6-13-11.)
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1 | | (40 ILCS 5/17-130.4 new) |
2 | | Sec. 17-130.4. Benefit accruals on and after July 1, 2013. |
3 | | (a) Each participating member under this Article, other |
4 | | than a person who first becomes a member and a participant on |
5 | | or after January 1, 2011, shall choose which retirement program |
6 | | he or she wishes to participate in with respect to all periods |
7 | | of employment occurring on and after July 1, 2013, except that |
8 | | such participants with more than 5 years of creditable service |
9 | | shall only be eligible to elect one of the retirement programs |
10 | | in paragraphs (1) or (2) of this subsection (a). The retirement |
11 | | program election made by the participating member must be made |
12 | | no later than January 1, 2013. The participating member shall |
13 | | elect one of the following retirement programs: |
14 | | (1) the traditional benefit package provided by the |
15 | | Fund; |
16 | | (2) the reformed benefit package provided by the Fund; |
17 | | or |
18 | | (3) the self-managed plan provided by the Fund. |
19 | | (b) A person who first becomes a member and a participant |
20 | | in the Fund on or after January 1, 2011 shall be given the |
21 | | choice to elect which retirement program he or she wishes to |
22 | | participate in with respect to all periods of employment |
23 | | occurring on and after July 1, 2013. The participant shall |
24 | | elect one of the retirement programs provided in paragraph (2) |
25 | | or (3) of subsection (a) of this Section. The participant must |
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1 | | make the election (i) by January 1, 2013 or within 6 months |
2 | | after the participant's first day of employment, whichever is |
3 | | later, and (ii) if applicable, every 3 years thereafter. |
4 | | (c) The participant election authorized by this Section is |
5 | | an irrevocable election, except that any individual making an |
6 | | election for the retirement program described under paragraph |
7 | | (1) or (2) of subsection (a) shall make an election for a |
8 | | period of 3 years and shall make subsequent elections every 3 |
9 | | years during a 6-month period prescribed by the Fund. The |
10 | | election shall be made in writing, in the manner prescribed by |
11 | | the fund. Any participant who fails to make the election shall, |
12 | | by default, participate in the benefit program provided under |
13 | | paragraph (2) of subsection (a) of this Section. |
14 | | (d) Participants who have already made an election pursuant |
15 | | to subsection (a) or (b) shall be given the opportunity to make |
16 | | a new election as follows: |
17 | | (1) Each participant in the traditional benefit |
18 | | package provided under paragraph (1) of subsection (a) of |
19 | | this Section shall have the opportunity to elect to |
20 | | terminate participation in the traditional benefit package |
21 | | and to elect to have retirement benefits for future service |
22 | | provided under either the reformed benefit package |
23 | | provided under paragraph (2) of subsection (a) of this |
24 | | Section or the self-managed plan provided under paragraph |
25 | | (3) of subsection (a) of this Section. However, such |
26 | | participants with more than 5 years of creditable service |
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1 | | shall be prohibited from electing the self-managed plan |
2 | | provided under paragraph (3) of subsection (a) of this |
3 | | Section. |
4 | | (2) Each participant that has less than 5 years of |
5 | | creditable service and participates in the reformed |
6 | | benefit package provided under paragraph (2) of subsection |
7 | | (a) of this Section shall have the opportunity to elect to |
8 | | terminate participation in the reformed benefit package |
9 | | and to elect to have retirement benefits for future service |
10 | | provided under the self-managed plan provided under |
11 | | paragraph (3) of subsection (a) of this Section. |
12 | | (3) The elections permitted under paragraphs (1) and |
13 | | (2) must be made during a 6-month period in the manner |
14 | | prescribed by the Fund. |
15 | | (e) If a participant with an accrued benefit under the |
16 | | traditional benefit package elects the reformed benefit |
17 | | package, the participant's total accrued benefit for purposes |
18 | | of determining an annuity shall be the sum of (i) the |
19 | | participant's benefit accruals under the traditional benefit |
20 | | package, based on the participant's salary and service under |
21 | | the traditional benefit package and frozen with respect to |
22 | | salary for service earned subsequent to participation under the |
23 | | traditional benefit package, and (ii) the participant's |
24 | | benefit accruals based on salary and service under the reformed |
25 | | benefit package. All rights and features provided under the |
26 | | traditional benefit package will be preserved with respect to |
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1 | | benefits earned under such package with respect to service |
2 | | completed prior to the election to participate in the reformed |
3 | | benefit package. Furthermore, the participant shall be |
4 | | entitled to the benefit of the survivor's annuity provided in |
5 | | Public Act 96-889 and Public Act 96-1490. All service completed |
6 | | under the Fund shall count for purposes of determining |
7 | | retirement eligibility and vesting under both the traditional |
8 | | benefit package and the reformed benefit package, provided that |
9 | | the vesting requirements of the traditional benefit package |
10 | | shall continue to govern vesting for participants in the |
11 | | reformed benefit package. |
12 | | (f) If a participant with an accrued benefit under the |
13 | | traditional benefit package or the reformed benefit package |
14 | | elects the self-managed plan provided under paragraph (3) of |
15 | | subsection (a) of this Section, the participant's total accrued |
16 | | benefit for purposes of determining an annuity shall be the |
17 | | participant's benefit accruals prior to participation in the |
18 | | self-managed plan, based on the participant's salary and |
19 | | service and frozen with respect to salary for service earned |
20 | | subsequent to participation in the traditional or reformed |
21 | | benefit package. However, the participant shall also have an |
22 | | accrued self-managed plan balance as specified in subsection |
23 | | (h) of Section 17-130.5, for periods of covered employment on |
24 | | or after participation in the self-managed plan. All rights and |
25 | | features provided under the traditional benefit package will be |
26 | | preserved with respect to benefits earned under such package |
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1 | | with respect to service completed prior to the election to |
2 | | participate in the self-managed plan. All service completed |
3 | | under the traditional or reformed benefit package and the |
4 | | self-managed plan shall count for purposes of determining |
5 | | retirement eligibility and vesting under the traditional |
6 | | benefit package and the self-managed plan. |
7 | | (g) An individual with less than 5 years of creditable |
8 | | service and who is a participant in the Fund but is not a |
9 | | participating employee on January 1, 2013 shall be allowed to |
10 | | elect, based on the eligibility criteria specified in this |
11 | | Code, one of the retirement programs provided in paragraph (1), |
12 | | (2), or (3) of subsection (a) of this Section within 6 months |
13 | | after becoming an employee, based on eligibility. |
14 | | An individual with 5 or more years of creditable service |
15 | | and who is a participant in the Fund but is not a participating |
16 | | employee on January 1, 2013 shall be allowed to elect, based on |
17 | | the eligibility criteria specified in this Code, one of the |
18 | | retirement programs provided in paragraph (1) or (2) of |
19 | | subsection (a) of this Section within 6 months after becoming |
20 | | an employee, based on eligibility. |
21 | | (40 ILCS 5/17-130.5 new) |
22 | | Sec. 17-130.5. Self-managed plan. |
23 | | (a) Purpose. The Public School Teachers' Pension and |
24 | | Retirement Fund shall establish and administer a self-managed |
25 | | plan, which shall offer members the opportunity to accumulate |
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1 | | assets for retirement through a combination of employee and |
2 | | employer contributions that may be invested in mutual funds, |
3 | | collective investment funds, or other investment products and |
4 | | used to purchase annuity contracts, either fixed or variable or |
5 | | a combination thereof. The plan must be qualified under the |
6 | | Internal Revenue Code of 1986. |
7 | | (b) The Public School Teachers' Pension and Retirement Fund |
8 | | shall be the plan sponsor for the self-managed plan and shall |
9 | | prepare a plan document and prescribe such rules and procedures |
10 | | as are considered necessary or desirable for the administration |
11 | | of the self-managed plan. Consistent with its fiduciary duty to |
12 | | the participants and beneficiaries of the self-managed plan, |
13 | | the Board of Trustees of the System may delegate aspects of |
14 | | plan administration as it sees fit to companies authorized to |
15 | | do business in this State. |
16 | | (c) Selection of service providers and funding vehicles. |
17 | | The Fund may solicit proposals to provide administrative |
18 | | services and funding vehicles for the self-managed plan from |
19 | | insurance and annuity companies and mutual fund companies, |
20 | | banks, trust companies, or other financial institutions |
21 | | authorized to do business in this State. |
22 | | The Fund shall periodically review each approved company. A |
23 | | company may continue to provide administrative services and |
24 | | funding vehicles for the self-managed plan only so long as it |
25 | | continues to be an approved company under contract with the |
26 | | Board. |
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1 | | (d) Member direction. Members who are participating in the |
2 | | program must be allowed to direct the transfer of their account |
3 | | balances among the various investment options offered, subject |
4 | | to applicable contractual provisions. The member shall not be |
5 | | deemed a fiduciary by reason of providing such investment |
6 | | direction. A person who is a fiduciary shall not be liable for |
7 | | any loss resulting from such investment direction and shall not |
8 | | be deemed to have breached any fiduciary duty by acting in |
9 | | accordance with that direction. Neither the Fund nor the |
10 | | participant's employer guarantees any of the investments in the |
11 | | member's account balances. |
12 | | (e) Participation. A member eligible to participate in the |
13 | | self-managed plan must make a written election under Section |
14 | | 17-130.4 and the procedures established by the Fund. |
15 | | A member who has elected to participate in the self-managed |
16 | | plan under this Section must continue participation while |
17 | | employed in an eligible position. Participation in the |
18 | | self-managed plan under this Section shall constitute |
19 | | membership in the Public School Teachers' Pension and |
20 | | Retirement Fund. |
21 | | A member under this Section shall be entitled to the |
22 | | benefits of Article 20 of this Code. |
23 | | (f) Contributions. The self-managed plan shall be funded by |
24 | | contributions from employees participating in the self-managed |
25 | | plan and employer contributions as provided in this Section. |
26 | | This required contribution shall be made as an "employer |
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1 | | pick up" under Section 414(h) of the Internal Revenue Code of |
2 | | 1986 or any successor Section thereof. In no event shall a |
3 | | member have an option of receiving these amounts in cash.
The |
4 | | program shall provide for employer contributions to be credited |
5 | | to each self-managed plan participant at a rate of 6% of the |
6 | | participating member's salary, less the amount used by the |
7 | | System to provide disability benefits for the member. The |
8 | | amounts so credited shall be paid into the member's |
9 | | self-managed plan account in a manner to be prescribed by the |
10 | | Fund. |
11 | | The required amount of employer contributions shall be used |
12 | | for the purpose of providing the disability benefits of the |
13 | | Fund to the member. Prior to the beginning of each plan year |
14 | | under the self-managed plan, the Board of Trustees shall |
15 | | determine, as a percentage of salary, the amount of employer |
16 | | contributions to be allocated during that plan year for |
17 | | providing disability benefits for members in the self-managed |
18 | | plan. |
19 | | The employer shall make contributions to the Fund of the |
20 | | employer contributions required for employees who participate |
21 | | in the self-managed plan under this Section. The amount |
22 | | required shall be certified by the Board of Trustees of the |
23 | | Fund and paid by the employer in accordance with this Article. |
24 | | The Fund shall not be obligated to remit the required employer |
25 | | contributions to any person or entity until it has received the |
26 | | required employer contributions from the employer. |
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1 | | (g) Vesting; withdrawal; return to service. A member in the |
2 | | self-managed plan becomes vested in the employer contributions |
3 | | credited to his or her account in the self-managed plan on the |
4 | | earliest to occur of the following: (1) completion of 5 years |
5 | | of creditable service; (2) the death of the member while in |
6 | | active service, if the member has completed at least 1 1/2 |
7 | | years of service; or (3) the member's election to retire and |
8 | | apply the reciprocal provisions of Article 20 of this Code. |
9 | | (h) Benefit amounts. If a member who is vested in employer |
10 | | contributions terminates employment, the member shall be |
11 | | entitled to a benefit which is based on the account values |
12 | | attributable to employer and member contributions and any |
13 | | investment return thereon. |
14 | | If a member who is not vested in employer contributions |
15 | | terminates employment, the member shall be entitled to a |
16 | | benefit based solely on the account values attributable to the |
17 | | member's contributions and any investment return thereon, and |
18 | | the employer contributions and any investment return thereon |
19 | | shall be forfeited. Any employer contributions which are |
20 | | forfeited shall become part of the trust. |
21 | | (40 ILCS 5/17-130.6 new) |
22 | | Sec. 17-130.6. Minimum benefit and allocation provisions. |
23 | | Each participant in the System shall receive a minimum benefit |
24 | | or allocation determined as follows: |
25 | | (1) If the participant is participating in the |
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1 | | traditional benefit package provided under paragraph (1) |
2 | | of subsection (a) of Section 17-130.4 of this Code or the |
3 | | revised defined benefit package provided under paragraph |
4 | | (2) of subsection (a) of Section 17-130.4 of this Code, the |
5 | | participant shall receive a minimum benefit (commencing on |
6 | | his or her Social Security retirement age) that is equal to |
7 | | the annual primary insurance amount the participant would |
8 | | have under Social Security. For the purposes of this item |
9 | | (1), the primary insurance amount a participant would have |
10 | | under Social Security shall be calculated so that the |
11 | | System meets the requirements necessary to be considered a |
12 | | retirement system under Section 3121(b)(7)(F) of the |
13 | | Internal Revenue Code and the regulations in effect |
14 | | thereunder. |
15 | | (2) If the participant is participating in the |
16 | | self-managed plan provided under Section 17-130.5 of this |
17 | | Code, the member shall receive a minimum allocation equal |
18 | | to 7.5% of the participant's compensation for service |
19 | | during the period. All contributions shall be taken into |
20 | | account for this purpose. For the purposes of this |
21 | | paragraph (2), the minimum allocation shall be calculated |
22 | | so that the System meets the requirements necessary to be |
23 | | considered a retirement system under Section 3121(b)(7)(F) |
24 | | of the Internal Revenue Code and the regulations in effect |
25 | | thereunder. |
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1 | | (40 ILCS 5/17-130.7 new) |
2 | | Sec. 17-130.7. Additional employer contributions. In |
3 | | addition to any amounts required to amortize the unfunded |
4 | | liabilities of this Fund, the following amounts shall be |
5 | | required by the employer for fiscal year 2014 and each fiscal |
6 | | year thereafter: |
7 | | (1) For all members electing benefits under paragraphs |
8 | | (1) or (2) of subsection (a) of Section 17-130.4, an amount |
9 | | equal to 6% of total pensionable payroll for the respective |
10 | | employee groups. |
11 | | (2) For members electing benefits under paragraph (3) |
12 | | of subsection (a) of Section 17-130.4, an employer |
13 | | contribution equal to (i) 6% of total pensionable payroll |
14 | | for the respective employee group and (ii) an amount |
15 | | determined by the Fund to be sufficient to fund the |
16 | | disability plan provided in this Article.
|
17 | | (40 ILCS 5/17-149.1) (from Ch. 108 1/2, par. 17-149.1)
|
18 | | Sec. 17-149.1. Felony conviction. None of the benefits |
19 | | provided for in this Article shall be paid to any
person who is |
20 | | convicted of any felony relating to or arising out of or in
|
21 | | connection with his or her service as a teacher.
|
22 | | This Section shall not operate to impair any contract or |
23 | | vested right
acquired prior to January 1, 1988, nor to preclude |
24 | | the right to a refund.
|
25 | | All teachers entering service after January 1, 1988 shall |
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1 | | be
deemed to have consented to the provisions of this Section |
2 | | as a condition
of membership.
|
3 | | No refund paid to any person who is convicted of a felony |
4 | | relating to or arising out of or in connection with the |
5 | | person's service as a member shall include employer |
6 | | contributions or interest or, in the case of the self-managed |
7 | | plan authorized under Section 17-130.5, any employer |
8 | | contributions or investment return on employer contributions. |
9 | | (Source: P.A. 85-964.)
|
10 | | (40 ILCS 5/17-160 new) |
11 | | Sec. 17-160. Qualified plan status. No provision of this |
12 | | Article shall be interpreted in a way that would cause the Fund |
13 | | to cease to be a qualified plan under Section 401(a) of the |
14 | | Internal Revenue Code. |
15 | | (40 ILCS 5/17-165 new) |
16 | | Sec. 17-165. Public School Teachers' Pension and |
17 | | Retirement Fund Trust Fund. The Fund may offer, as investment |
18 | | option to members under Section 17-130.5 investment into the |
19 | | Public School Teachers' Pension and Retirement Fund Trust Fund, |
20 | | or a unitized portion thereof, consistent with all applicable |
21 | | laws.
|
22 | | (40 ILCS 5/20-121) (from Ch. 108 1/2, par. 20-121)
|
23 | | Sec. 20-121. Calculation of proportional retirement |
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1 | | annuities. Upon
retirement of the employee, a proportional |
2 | | retirement annuity shall be computed
by each participating |
3 | | system in which pension credit has been established on
the |
4 | | basis of pension credits under each system. The computation |
5 | | shall be in
accordance with the formula or method prescribed by |
6 | | each participating system
which is in effect at the date of the |
7 | | employee's latest withdrawal from service
covered by any of the |
8 | | systems in which he has pension credits which he elects
to have |
9 | | considered under this Article. However, the amount of any |
10 | | retirement
annuity payable under a the self-managed plan |
11 | | established under Section 2-119.03, 8-190.2, 9-170.5, |
12 | | 11-131.2, 12-128.2, 14-108.2e, 15-158.2 , 16-133.8, or 17-130.5
|
13 | | of this Code depends solely on the value of the participant's |
14 | | vested account
balances and is not subject to any proportional |
15 | | adjustment under this
Section.
|
16 | | Combined pension credit under all retirement systems |
17 | | subject to this
Article shall be considered in determining |
18 | | whether the minimum qualification
has been met and the formula |
19 | | or method of computation which shall be applied.
If a system |
20 | | has a step-rate formula for calculation of the retirement |
21 | | annuity,
pension credits covering previous service which have |
22 | | been established under
another system shall be considered in |
23 | | determining which range or ranges of
the step-rate formula are |
24 | | to be applicable to the employee.
|
25 | | Interest on pension credit shall continue to accumulate in |
26 | | accordance with
the provisions of the law governing the |
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1 | | retirement system in which the same
has been established during |
2 | | the time an employee is in the service of another
employer, on |
3 | | the assumption such employee, for interest purposes for pension
|
4 | | credit, is continuing in the service covered by such retirement |
5 | | system.
|
6 | | (Source: P.A. 91-887, eff. 7-6-00.)
|
7 | | (40 ILCS 5/20-123) (from Ch. 108 1/2, par. 20-123)
|
8 | | Sec. 20-123. Survivor's annuity. The provisions governing |
9 | | a retirement
annuity shall be applicable to a survivor's |
10 | | annuity. Appropriate credits shall
be established for |
11 | | survivor's annuity purposes in those participating systems
|
12 | | which provide survivor's annuities, according to the same |
13 | | conditions and
subject to the same limitations and restrictions |
14 | | herein prescribed for a
retirement annuity. If a participating |
15 | | system has no survivor's annuity
benefit, or if the survivor's |
16 | | annuity benefit under that system is waived,
pension credit |
17 | | established in that system shall not be considered
in |
18 | | determining eligibility for or the amount of the survivor's |
19 | | annuity which
may be payable by any other participating system.
|
20 | | For persons who participate in a the self-managed plan |
21 | | established under
Section 2-119.03, 8-190.2, 9-170.5, |
22 | | 11-131.2, 12-128.2, 14-108.2e, 15-158.2 , 16-133.8, or 17-130.5 |
23 | | or the portable benefit package established under Section
|
24 | | 15-136.4, pension credit established under Article 15 may be |
25 | | considered in
determining eligibility for or the amount of the |
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1 | | survivor's annuity that is
payable by any other participating |
2 | | system, but pension credit established in
any other system |
3 | | shall not result in any right to a survivor's annuity under
the |
4 | | Article 15 system.
|
5 | | (Source: P.A. 91-887, eff. 7-6-00.)
|
6 | | (40 ILCS 5/20-124) (from Ch. 108 1/2, par. 20-124)
|
7 | | Sec. 20-124. Maximum benefits. In no event shall the |
8 | | combined retirement
or survivors annuities exceed the highest |
9 | | annuity which would have been payable
by any participating |
10 | | system in which the employee has pension credits, if all
of his |
11 | | pension credits had been validated in that system.
|
12 | | If the combined annuities should exceed the highest maximum |
13 | | as determined
in accordance with this Section, the respective |
14 | | annuities shall be reduced
proportionately according to the |
15 | | ratio which the amount of each proportional
annuity bears to |
16 | | the aggregate of all such annuities.
|
17 | | In the case of a participant in a the self-managed plan |
18 | | established under
Section 2-119.03, 8-190.2, 9-170.5, |
19 | | 11-131.2, 12-128.2, 14-108.2e, 15-158.2 , 16-133.8, or 17-130.5 |
20 | | of this Code to whom the provisions of this Article apply:
|
21 | | (i) For purposes of calculating the combined |
22 | | retirement annuity and
the proportionate reduction, if |
23 | | any, in a retirement annuity other than one
payable under |
24 | | the self-managed plan, the amount of the Article 15 |
25 | | retirement
annuity shall be deemed to be the highest |
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1 | | annuity to which the annuitant would
have been entitled if |
2 | | he or she had participated in the traditional benefit
|
3 | | package as defined in Section 15-103.1 rather than the |
4 | | self-managed plan.
|
5 | | (ii) For purposes of calculating the combined |
6 | | survivor's annuity and
the proportionate reduction, if |
7 | | any, in a survivor's annuity other than one
payable under |
8 | | the self-managed plan, the amount of the Article 15 |
9 | | survivor's
annuity shall be deemed to be the highest |
10 | | survivor's annuity to which the
survivor would have been |
11 | | entitled if the deceased employee had participated in
the |
12 | | traditional benefit package as defined in Section 15-103.1 |
13 | | rather than the
self-managed plan.
|
14 | | (iii) Benefits payable under the self-managed plan are |
15 | | not subject to
proportionate reduction under this Section.
|
16 | | (Source: P.A. 91-887, eff. 7-6-00.)
|
17 | | (40 ILCS 5/20-125) (from Ch. 108 1/2, par. 20-125)
|
18 | | Sec. 20-125. Return to employment - suspension of benefits. |
19 | | If a retired
employee returns to employment which is covered by |
20 | | a system from which he is
receiving a proportional annuity |
21 | | under this Article, his proportional annuity
from all |
22 | | participating systems shall be suspended during the period of
|
23 | | re-employment, except that this suspension does not apply to |
24 | | any
distributions payable under a the self-managed plan |
25 | | established under Section 2-119.03, 8-190.2, 9-170.5, |
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1 | | 11-131.2, 12-128.2, 14-108.2e,
15-158.2 , 16-133.8, or 17-130.5 |
2 | | of this Code.
|
3 | | The provisions of the Article under which such employment |
4 | | would be
covered shall govern the determination of whether the |
5 | | employee has returned
to employment, and if applicable the |
6 | | exemption of temporary employment or
employment not exceeding a |
7 | | specified duration or frequency, for all
participating systems |
8 | | from which the retired employee is receiving a
proportional |
9 | | annuity under this Article, notwithstanding any contrary
|
10 | | provisions in the other Articles governing such systems.
|
11 | | (Source: P.A. 91-887, eff. 7-6-00.)
|
12 | | (40 ILCS 5/20-131) (from Ch. 108 1/2, par. 20-131)
|
13 | | Sec. 20-131. Retirement Annuities and Survivors Annuities - |
14 | | Guarantees.
|
15 | | (a) This amendatory Act of 1975 (P.A. 79-782) shall not be |
16 | | applied to
deprive any person or his survivor of eligibility |
17 | | for an annuity or to reduce
the annuity or to deprive such |
18 | | person of rights to which he or his survivor
would have been |
19 | | entitled under the provisions of Article 20 which were in
|
20 | | effect immediately prior to September 5, 1975, if he was an |
21 | | employee
immediately prior to that date.
|
22 | | (b) If the combined retirement annuity benefits provided |
23 | | under Public
Act 79-782 are less than the combined retirement |
24 | | annuity benefits that would
have been payable under the |
25 | | alternative formula of Section 20-122, the system
under which |
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1 | | retirement would have occurred, as provided by Section 20-122,
|
2 | | shall increase the proportional retirement annuity by an amount |
3 | | equal to the
difference.
|
4 | | (c) Subsection (b) of this Section does not apply to the |
5 | | retirement
annuity benefits payable under a the self-managed |
6 | | plan established under Section 2-119.03, 8-190.2, 9-170.5, |
7 | | 11-131.2, 12-128.2, 14-108.2e,
15-158.2 , 16-133.8, or 17-130.5 |
8 | | of this Code.
|
9 | | (Source: P.A. 91-887, eff. 7-6-00.)
|
10 | | Section 97. Severability. The provisions of this Act are |
11 | | severable under Section 1.31 of the Statute on Statutes.
|
12 | | Section 99. Effective date. This Act takes effect July 1, |
13 | | 2012.".
|