Illinois General Assembly - Full Text of HB1447
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Full Text of HB1447  97th General Assembly

HB1447ham001 97TH GENERAL ASSEMBLY

Rep. Kelly Burke

Filed: 3/2/2011

 

 


 

 


 
09700HB1447ham001LRB097 05201 JDS 51914 a

1
AMENDMENT TO HOUSE BILL 1447

2    AMENDMENT NO. ______. Amend House Bill 1447 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing Sections 2-108.1, 2-119.1, 2-121.1, 18-125, 18-125.1,
6and 18-128.01 as follows:
 
7    (40 ILCS 5/2-108.1)  (from Ch. 108 1/2, par. 2-108.1)
8    Sec. 2-108.1. Highest salary for annuity purposes.
9    (a) "Highest salary for annuity purposes" means whichever
10of the following is applicable to the participant:
11    For a participant who first becomes a participant of this
12System before August 10, 2009 (the effective date of Public Act
1396-207):
14        (1) For a participant who is a member of the General
15    Assembly on his or her last day of service: the highest
16    salary that is prescribed by law, on the participant's last

 

 

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1    day of service, for a member of the General Assembly who is
2    not an officer; plus, if the participant was elected or
3    appointed to serve as an officer of the General Assembly
4    for 2 or more years and has made contributions as required
5    under subsection (d) of Section 2-126, the highest
6    additional amount of compensation prescribed by law, at the
7    time of the participant's service as an officer, for
8    members of the General Assembly who serve in that office.
9        (2) For a participant who holds one of the State
10    executive offices specified in Section 2-105 on his or her
11    last day of service: the highest salary prescribed by law
12    for service in that office on the participant's last day of
13    service.
14        (3) For a participant who is Clerk or Assistant Clerk
15    of the House of Representatives or Secretary or Assistant
16    Secretary of the Senate on his or her last day of service:
17    the salary received for service in that capacity on the
18    last day of service, but not to exceed the highest salary
19    (including additional compensation for service as an
20    officer) that is prescribed by law on the participant's
21    last day of service for the highest paid officer of the
22    General Assembly.
23        (4) For a participant who is a continuing participant
24    under Section 2-117.1 on his or her last day of service:
25    the salary received for service in that capacity on the
26    last day of service, but not to exceed the highest salary

 

 

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1    (including additional compensation for service as an
2    officer) that is prescribed by law on the participant's
3    last day of service for the highest paid officer of the
4    General Assembly.
5    For a participant who first becomes a participant of this
6System on or after August 10, 2009 (the effective date of
7Public Act 96-207) and before January 1, 2011 (the effective
8date of Public Act 96-889), the average monthly salary obtained
9by dividing the total salary of the participant during the
10period of: (1) the 48 consecutive months of service within the
11last 120 months of service in which the total compensation was
12the highest, or (2) the total period of service, if less than
1348 months, by the number of months of service in that period.
14    For a participant who first becomes a participant of this
15System on or after January 1, 2011 (the effective date of
16Public Act 96-889), the average monthly salary obtained by
17dividing the total salary of the participant during the 96
18consecutive months of service within the last 120 months of
19service in which the total compensation was the highest by the
20number of months of service in that period; however, beginning
21January 1, 2011, the highest salary for annuity purposes may
22not exceed $106,800, except that that amount shall annually
23thereafter be increased by the lesser of (i) 3% of that amount,
24including all previous adjustments, or (ii) the annual
25unadjusted percentage increase (but not less than zero) in the
26consumer price index-u for the 12 months ending with the

 

 

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1September preceding each November 1.
2    For a participant who is a participant on the effective
3date of this amendatory Act of the 97th General Assembly and
4who irrevocably elects the reduced benefits under this
5paragraph and for a participant who first becomes a participant
6of this System after the effective date of this amendatory Act
7of the 97th General Assembly, the average monthly salary
8obtained by dividing the total salary of the participant during
9the 96 consecutive months of service within the last 120 months
10of service in which the total compensation was the highest by
11the number of months of service in that period; however,
12beginning on the effective date of this amendatory Act of the
1397th General Assembly, the highest salary for annuity purposes
14may not, for the affected persons, exceed $106,800, except that
15that amount shall annually thereafter be increased by the
16lesser of (i) 3% of that amount, including all previous
17adjustments, or (ii) one-half the annual unadjusted percentage
18increase (but not less than zero) in the consumer price index-u
19for the 12 months ending with the September preceding each
20November 1.
21    "Consumer price index-u" means the index published by the
22Bureau of Labor Statistics of the United States Department of
23Labor that measures the average change in prices of goods and
24services purchased by all urban consumers, United States city
25average, all items, 1982-84 = 100. The new amount resulting
26from each annual adjustment shall be determined by the Public

 

 

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1Pension Division of the Department of Insurance and made
2available to the Board by November 1 of each year.
3    (b) The earnings limitations of subsection (a) apply to
4earnings under any other participating system under the
5Retirement Systems Reciprocal Act that are considered in
6calculating a proportional annuity under this Article, except
7in the case of a person who first became a member of this
8System before August 22, 1994.
9    (c) In calculating the subsection (a) earnings limitation
10to be applied to earnings under any other participating system
11under the Retirement Systems Reciprocal Act for the purpose of
12calculating a proportional annuity under this Article, the
13participant's last day of service shall be deemed to mean the
14last day of service in any participating system from which the
15person has applied for a proportional annuity under the
16Retirement Systems Reciprocal Act.
17(Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11;
1896-1490, eff. 1-1-11.)
 
19    (40 ILCS 5/2-119.1)  (from Ch. 108 1/2, par. 2-119.1)
20    Sec. 2-119.1. Automatic increase in retirement annuity.
21    (a) A participant who retires after June 30, 1967, and who
22has not received an initial increase under this Section before
23the effective date of this amendatory Act of 1991, shall, in
24January or July next following the first anniversary of
25retirement, whichever occurs first, and in the same month of

 

 

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1each year thereafter, but in no event prior to age 60, have the
2amount of the originally granted retirement annuity increased
3as follows: for each year through 1971, 1 1/2%; for each year
4from 1972 through 1979, 2%; and for 1980 and each year
5thereafter, 3%. Annuitants who have received an initial
6increase under this subsection prior to the effective date of
7this amendatory Act of 1991 shall continue to receive their
8annual increases in the same month as the initial increase.
9    (b) Beginning January 1, 1990, for eligible participants
10who remain in service after attaining 20 years of creditable
11service, the 3% increases provided under subsection (a) shall
12begin to accrue on the January 1 next following the date upon
13which the participant (1) attains age 55, or (2) attains 20
14years of creditable service, whichever occurs later, and shall
15continue to accrue while the participant remains in service;
16such increases shall become payable on January 1 or July 1,
17whichever occurs first, next following the first anniversary of
18retirement. For any person who has service credit in the System
19for the entire period from January 15, 1969 through December
2031, 1992, regardless of the date of termination of service, the
21reference to age 55 in clause (1) of this subsection (b) shall
22be deemed to mean age 50.
23    This subsection (b) does not apply to any person who first
24becomes a member of the System after the effective date of this
25amendatory Act of the 93rd General Assembly.
26    (b-5) Notwithstanding any other provision of this Article,

 

 

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1a participant who first becomes a participant on or after
2January 1, 2011 (the effective date of Public Act 96-889)
3shall, in January or July next following the first anniversary
4of retirement, whichever occurs first, and in the same month of
5each year thereafter, but in no event prior to age 67, have the
6amount of the retirement annuity then being paid increased by
73% or the annual unadjusted percentage increase in the Consumer
8Price Index for All Urban Consumers as determined by the Public
9Pension Division of the Department of Insurance under
10subsection (a) of Section 2-108.1, whichever is less.
11    (b-10) Notwithstanding any other provision of this
12Article, a participant who is a participant on the effective
13date of this amendatory Act of the 97th General Assembly and
14who irrevocably elects the reduced benefits under this
15subsection (b-10) and a participant who first becomes a
16participant after the effective date of this amendatory Act of
17the 97th General Assembly shall, in January or July next
18following the first anniversary of retirement, whichever
19occurs first, and in the same month of each year thereafter,
20but in no event prior to age 67, have the annuity increased by
213% or one-half the annual unadjusted percentage increase (but
22not less than zero) in the Consumer Price Index for All Urban
23Consumers as determined by the Public Pension Division of the
24Department of Insurance under subsection (a) of Section
252-108.1, whichever is less, of the originally granted
26retirement annuity.

 

 

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1    (c) The foregoing provisions relating to automatic
2increases are not applicable to a participant who retires
3before having made contributions (at the rate prescribed in
4Section 2-126) for automatic increases for less than the
5equivalent of one full year. However, in order to be eligible
6for the automatic increases, such a participant may make
7arrangements to pay to the system the amount required to bring
8the total contributions for the automatic increase to the
9equivalent of one year's contributions based upon his or her
10last salary.
11    (d) A participant who terminated service prior to July 1,
121967, with at least 14 years of service is entitled to an
13increase in retirement annuity beginning January, 1976, and to
14additional increases in January of each year thereafter.
15    The initial increase shall be 1 1/2% of the originally
16granted retirement annuity multiplied by the number of full
17years that the annuitant was in receipt of such annuity prior
18to January 1, 1972, plus 2% of the originally granted
19retirement annuity for each year after that date. The
20subsequent annual increases shall be at the rate of 2% of the
21originally granted retirement annuity for each year through
221979 and at the rate of 3% for 1980 and thereafter.
23    (e) Beginning January 1, 1990, all automatic annual
24increases payable under this Section shall be calculated as a
25percentage of the total annuity payable at the time of the
26increase, including previous increases granted under this

 

 

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1Article.
2(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
 
3    (40 ILCS 5/2-121.1)  (from Ch. 108 1/2, par. 2-121.1)
4    Sec. 2-121.1. Survivor's annuity - amount.
5    (a) A surviving spouse shall be entitled to 66 2/3% of the
6amount of retirement annuity to which the participant or
7annuitant was entitled on the date of death, without regard to
8whether the participant had attained age 55 prior to his or her
9death, subject to a minimum payment of 10% of salary. If a
10surviving spouse, regardless of age, has in his or her care at
11the date of death any eligible child or children of the
12participant, the survivor's annuity shall be the greater of the
13following: (1) 66 2/3% of the amount of retirement annuity to
14which the participant or annuitant was entitled on the date of
15death, or (2) 30% of the participant's salary increased by 10%
16of salary on account of each such child, subject to a total
17payment for the surviving spouse and children of 50% of salary.
18If eligible children survive but there is no surviving spouse,
19or if the surviving spouse dies or becomes disqualified by
20remarriage while eligible children survive, each eligible
21child shall be entitled to an annuity of 20% of salary, subject
22to a maximum total payment for all such children of 50% of
23salary.
24    However, the survivor's annuity payable under this Section
25shall not be less than 100% of the amount of retirement annuity

 

 

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1to which the participant or annuitant was entitled on the date
2of death, if he or she is survived by a dependent disabled
3child.
4    The salary to be used for determining these benefits shall
5be the salary used for determining the amount of retirement
6annuity as provided in Section 2-119.01.
7    (b) Upon the death of a participant after the termination
8of service or upon death of an annuitant, the maximum total
9payment to a surviving spouse and eligible children, or to
10eligible children alone if there is no surviving spouse, shall
11be 75% of the retirement annuity to which the participant or
12annuitant was entitled, unless there is a dependent disabled
13child among the survivors.
14    (c) When a child ceases to be an eligible child, the
15annuity to that child, or to the surviving spouse on account of
16that child, shall thereupon cease, and the annuity payable to
17the surviving spouse or other eligible children shall be
18recalculated if necessary.
19    Upon the ineligibility of the last eligible child, the
20annuity shall immediately revert to the amount payable upon
21death of a participant or annuitant who leaves no eligible
22children. If the surviving spouse is then under age 50, the
23annuity as revised shall be deferred until the attainment of
24age 50.
25    (d) Beginning January 1, 1990, every survivor's annuity
26shall be increased (1) on each January 1 occurring on or after

 

 

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1the commencement of the annuity if the deceased member died
2while receiving a retirement annuity, or (2) in other cases, on
3each January 1 occurring on or after the first anniversary of
4the commencement of the annuity, by an amount equal to 3% of
5the current amount of the annuity, including any previous
6increases under this Article. Such increases shall apply
7without regard to whether the deceased member was in service on
8or after the effective date of this amendatory Act of 1991, but
9shall not accrue for any period prior to January 1, 1990.
10    (d-5) Notwithstanding any other provision of this Article,
11the initial survivor's annuity of a survivor of a participant
12who first becomes a participant on or after January 1, 2011
13(the effective date of Public Act 96-889) shall be in the
14amount of 66 2/3% of the amount of the retirement annuity to
15which the participant or annuitant was entitled on the date of
16death and shall be increased (1) on each January 1 occurring on
17or after the commencement of the annuity if the deceased member
18died while receiving a retirement annuity or (2) in other
19cases, on each January 1 occurring on or after the first
20anniversary of the commencement of the annuity, by an amount
21equal to 3% or the annual unadjusted percentage increase in the
22Consumer Price Index for All Urban Consumers as determined by
23the Public Pension Division of the Department of Insurance
24under subsection (a) of Section 2-108.1, whichever is less, of
25the survivor's annuity then being paid.
26    (d-10) Notwithstanding any other provision of this

 

 

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1Article, the initial survivor's annuity of a survivor of (i) a
2participant who is a participant on the effective date of this
3amendatory Act of the 97th General Assembly and who irrevocably
4elects the reduced benefits under this subsection (d-10) and
5(ii) a participant who first becomes a participant after the
6effective date of this amendatory Act of the 97th General
7Assembly shall be in the amount of 66 2/3% of the amount of the
8retirement annuity to which the participant or annuitant was
9entitled on the date of death and shall be increased (1) on
10each January 1 occurring on or after the commencement of the
11annuity if the deceased member died while receiving a
12retirement annuity or (2) in other cases, on each January 1
13occurring on or after the first anniversary of the commencement
14of the annuity, by an amount equal to 3% or one-half the annual
15unadjusted percentage increase (but not less than zero) in the
16Consumer Price Index for All Urban Consumers as determined by
17the Public Pension Division of the Department of Insurance
18under subsection (a) of Section 2-108.1, whichever is less, of
19the originally granted survivor's annuity.
20    (e) Notwithstanding any other provision of this Article,
21beginning January 1, 1990, the minimum survivor's annuity
22payable to any person who is entitled to receive a survivor's
23annuity under this Article shall be $300 per month, without
24regard to whether or not the deceased participant was in
25service on the effective date of this amendatory Act of 1989.
26    (f) In the case of a proportional survivor's annuity

 

 

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1arising under the Retirement Systems Reciprocal Act where the
2amount payable by the System on January 1, 1993 is less than
3$300 per month, the amount payable by the System shall be
4increased beginning on that date by a monthly amount equal to
5$2 for each full year that has expired since the annuity began.
6(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
 
7    (40 ILCS 5/18-125)  (from Ch. 108 1/2, par. 18-125)
8    Sec. 18-125. Retirement annuity amount.
9    (a) The annual retirement annuity for a participant who
10terminated service as a judge prior to July 1, 1971 shall be
11based on the law in effect at the time of termination of
12service.
13    (b) Except as provided in subsection (b-5), effective July
141, 1971, the retirement annuity for any participant in service
15on or after such date shall be 3 1/2% of final average salary,
16as defined in this Section, for each of the first 10 years of
17service, and 5% of such final average salary for each year of
18service on excess of 10.
19    For purposes of this Section, final average salary for a
20participant who first serves as a judge before August 10, 2009
21(the effective date of Public Act 96-207) shall be:
22        (1) the average salary for the last 4 years of credited
23    service as a judge for a participant who terminates service
24    before July 1, 1975.
25        (2) for a participant who terminates service after June

 

 

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1    30, 1975 and before July 1, 1982, the salary on the last
2    day of employment as a judge.
3        (3) for any participant who terminates service after
4    June 30, 1982 and before January 1, 1990, the average
5    salary for the final year of service as a judge.
6        (4) for a participant who terminates service on or
7    after January 1, 1990 but before the effective date of this
8    amendatory Act of 1995, the salary on the last day of
9    employment as a judge.
10        (5) for a participant who terminates service on or
11    after the effective date of this amendatory Act of 1995,
12    the salary on the last day of employment as a judge, or the
13    highest salary received by the participant for employment
14    as a judge in a position held by the participant for at
15    least 4 consecutive years, whichever is greater.
16    However, in the case of a participant who elects to
17discontinue contributions as provided in subdivision (a)(2) of
18Section 18-133, the time of such election shall be considered
19the last day of employment in the determination of final
20average salary under this subsection.
21    For a participant who first serves as a judge on or after
22August 10, 2009 (the effective date of Public Act 96-207) and
23before January 1, 2011 (the effective date of Public Act
2496-889), final average salary shall be the average monthly
25salary obtained by dividing the total salary of the participant
26during the period of: (1) the 48 consecutive months of service

 

 

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1within the last 120 months of service in which the total
2compensation was the highest, or (2) the total period of
3service, if less than 48 months, by the number of months of
4service in that period.
5    The maximum retirement annuity for any participant shall be
685% of final average salary.
7    (b-5) Notwithstanding any other provision of this Article,
8for a participant who first serves as a judge on or after
9January 1, 2011 (the effective date of Public Act 96-889), the
10annual retirement annuity is 3% of the participant's final
11average salary for each year of service. The maximum retirement
12annuity payable shall be 60% of the participant's final average
13salary.
14    For a participant who first serves as a judge on or after
15January 1, 2011 (the effective date of Public Act 96-889),
16final average salary shall be the average monthly salary
17obtained by dividing the total salary of the judge during the
1896 consecutive months of service within the last 120 months of
19service in which the total salary was the highest by the number
20of months of service in that period; however, beginning January
211, 2011, the annual salary may not exceed $106,800, except that
22that amount shall annually thereafter be increased by the
23lesser of (i) 3% of that amount, including all previous
24adjustments, or (ii) the annual unadjusted percentage increase
25(but not less than zero) in the consumer price index-u for the
2612 months ending with the September preceding each November 1.

 

 

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1    For a participant who serves as a judge on the effective
2date of this amendatory Act of the 97th General Assembly and
3who irrevocably elects the reduced benefits under this
4paragraph and for a participant who first serves as a judge
5after the effective date of this amendatory Act of the 97th
6General Assembly, final average salary shall be the average
7monthly salary obtained by dividing the total salary of the
8judge during the 96 consecutive months of service within the
9last 120 months of service in which the total salary was the
10highest by the number of months of service in that period;
11however, beginning on the effective date of this amendatory Act
12of the 97th General Assembly, the annual salary may not, for
13affected judges, exceed $106,800, except that that amount shall
14annually thereafter be increased by the lesser of (1) 3% of
15that amount, including all previous adjustments, or (2)
16one-half the annual unadjusted percentage increase (but not
17less than zero) in the consumer price index-u for the 12 months
18ending with the September preceding each November 1.
19    "Consumer price index-u" means the index published by the
20Bureau of Labor Statistics of the United States Department of
21Labor that measures the average change in prices of goods and
22services purchased by all urban consumers, United States city
23average, all items, 1982-84 = 100. The new amount resulting
24from each annual adjustment shall be determined by the Public
25Pension Division of the Department of Insurance and made
26available to the Board by November 1st of each year.

 

 

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1    (c) The retirement annuity for a participant who retires
2prior to age 60 with less than 28 years of service in the
3System shall be reduced 1/2 of 1% for each month that the
4participant's age is under 60 years at the time the annuity
5commences. However, for a participant who retires on or after
6the effective date of this amendatory Act of the 91st General
7Assembly, the percentage reduction in retirement annuity
8imposed under this subsection shall be reduced by 5/12 of 1%
9for every month of service in this System in excess of 20
10years, and therefore a participant with at least 26 years of
11service in this System may retire at age 55 without any
12reduction in annuity.
13    The reduction in retirement annuity imposed by this
14subsection shall not apply in the case of retirement on account
15of disability.
16    (d) Notwithstanding any other provision of this Article,
17for a participant who first serves as a judge on or after
18January 1, 2011 (the effective date of Public Act 96-889) and
19who is retiring after attaining age 62, the retirement annuity
20shall be reduced by 1/2 of 1% for each month that the
21participant's age is under age 67 at the time the annuity
22commences.
23(Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11;
2496-1000, eff. 7-2-10; 96-1490, eff. 1-1-11.)
 
25    (40 ILCS 5/18-125.1)  (from Ch. 108 1/2, par. 18-125.1)

 

 

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1    Sec. 18-125.1. Automatic increase in retirement annuity. A
2participant who retires from service after June 30, 1969,
3shall, in January of the year next following the year in which
4the first anniversary of retirement occurs, and in January of
5each year thereafter, have the amount of his or her originally
6granted retirement annuity increased as follows: for each year
7up to and including 1971, 1 1/2%; for each year from 1972
8through 1979 inclusive, 2%; and for 1980 and each year
9thereafter, 3%.
10    Notwithstanding any other provision of this Article, a
11retirement annuity for a participant who first serves as a
12judge on or after January 1, 2011 (the effective date of Public
13Act 96-889) shall be increased in January of the year next
14following the year in which the first anniversary of retirement
15occurs, but in no event prior to age 67, and in January of each
16year thereafter, by an amount equal to 3% or the annual
17percentage increase in the consumer price index-u as determined
18by the Public Pension Division of the Department of Insurance
19under subsection (b-5) of Section 18-125, whichever is less, of
20the retirement annuity then being paid.
21    Notwithstanding any other provision of this Article, a
22retirement annuity for a participant who serves as a judge on
23the effective date of this amendatory Act of the 97th General
24Assembly and who irrevocably elects the reduced benefits under
25this paragraph and for a participant who first serves as a
26judge after the effective date of this amendatory Act of the

 

 

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197th General Assembly shall be increased in January of the year
2next following the year in which the first anniversary of
3retirement occurs, but in no event prior to age 67, and in
4January of each year thereafter, by an amount equal to 3% or
5one-half the annual unadjusted percentage increase (but not
6less than zero) in the consumer price index-u as determined by
7the Public Pension Division of the Department of Insurance
8under subsection (b-5) of Section 18-125, whichever is less, of
9the originally granted retirement annuity.
10    This Section is not applicable to a participant who retires
11before he or she has made contributions at the rate prescribed
12in Section 18-133 for automatic increases for not less than the
13equivalent of one full year, unless such a participant arranges
14to pay the system the amount required to bring the total
15contributions for the automatic increase to the equivalent of
16one year's contribution based upon his or her last year's
17salary.
18    This Section is applicable to all participants in service
19after June 30, 1969 unless a participant has elected, prior to
20September 1, 1969, in a written direction filed with the board
21not to be subject to the provisions of this Section. Any
22participant in service on or after July 1, 1992 shall have the
23option of electing prior to April 1, 1993, in a written
24direction filed with the board, to be covered by the provisions
25of the 1969 amendatory Act. Such participant shall be required
26to make the aforesaid additional contributions with compound

 

 

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1interest at 4% per annum.
2    Any participant who has become eligible to receive the
3maximum rate of annuity and who resumes service as a judge
4after receiving a retirement annuity under this Article shall
5have the amount of his or her retirement annuity increased by
63% of the originally granted annuity amount for each year of
7such resumed service, beginning in January of the year next
8following the date of such resumed service, upon subsequent
9termination of such resumed service.
10    Beginning January 1, 1990, all automatic annual increases
11payable under this Section shall be calculated as a percentage
12of the total annuity payable at the time of the increase,
13including previous increases granted under this Article.
14(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
 
15    (40 ILCS 5/18-128.01)  (from Ch. 108 1/2, par. 18-128.01)
16    Sec. 18-128.01. Amount of survivor's annuity.
17    (a) Upon the death of an annuitant, his or her surviving
18spouse shall be entitled to a survivor's annuity of 66 2/3% of
19the annuity the annuitant was receiving immediately prior to
20his or her death, inclusive of annual increases in the
21retirement annuity to the date of death.
22    (b) Upon the death of an active participant, his or her
23surviving spouse shall receive a survivor's annuity of 66 2/3%
24of the annuity earned by the participant as of the date of his
25or her death, determined without regard to whether the

 

 

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1participant had attained age 60 as of that time, or 7 1/2% of
2the last salary of the decedent, whichever is greater.
3    (c) Upon the death of a participant who had terminated
4service with at least 10 years of service, his or her surviving
5spouse shall be entitled to a survivor's annuity of 66 2/3% of
6the annuity earned by the deceased participant at the date of
7death.
8    (d) Upon the death of an annuitant, active participant, or
9participant who had terminated service with at least 10 years
10of service, each surviving child under the age of 18 or
11disabled as defined in Section 18-128 shall be entitled to a
12child's annuity in an amount equal to 5% of the decedent's
13final salary, not to exceed in total for all such children the
14greater of 20% of the decedent's last salary or 66 2/3% of the
15annuity received or earned by the decedent as provided under
16subsections (a) and (b) of this Section. This child's annuity
17shall be paid whether or not a survivor's annuity was elected
18under Section 18-123.
19    (e) The changes made in the survivor's annuity provisions
20by Public Act 82-306 shall apply to the survivors of a deceased
21participant or annuitant whose death occurs on or after August
2221, 1981.
23    (f) Beginning January 1, 1990, every survivor's annuity
24shall be increased (1) on each January 1 occurring on or after
25the commencement of the annuity if the deceased member died
26while receiving a retirement annuity, or (2) in other cases, on

 

 

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1each January 1 occurring on or after the first anniversary of
2the commencement of the annuity, by an amount equal to 3% of
3the current amount of the annuity, including any previous
4increases under this Article. Such increases shall apply
5without regard to whether the deceased member was in service on
6or after the effective date of this amendatory Act of 1991, but
7shall not accrue for any period prior to January 1, 1990.
8    (g) Notwithstanding any other provision of this Article,
9the initial survivor's annuity for a survivor of a participant
10who first serves as a judge after January 1, 2011 (the
11effective date of Public Act 96-889) shall be in the amount of
1266 2/3% of the annuity received or earned by the decedent, and
13shall be increased (1) on each January 1 occurring on or after
14the commencement of the annuity if the deceased participant
15died while receiving a retirement annuity, or (2) in other
16cases, on each January 1 occurring on or after the first
17anniversary of the commencement of the annuity, but in no event
18prior to age 67, by an amount equal to 3% or the annual
19unadjusted percentage increase in the consumer price index-u as
20determined by the Public Pension Division of the Department of
21Insurance under subsection (b-5) of Section 18-125, whichever
22is less, of the survivor's annuity then being paid.
23    (h) Notwithstanding any other provision of this Article,
24the initial survivor's annuity for (i) a participant who serves
25as a judge on the effective date of this amendatory Act of the
2697th General Assembly and who irrevocably elects the reduced

 

 

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1benefits under this subsection (h) and (ii) a survivor of a
2participant who first serves as a judge after the effective
3date of this amendatory Act of the 97th General Assembly shall
4be in the amount of 66 2/3% of the annuity received or earned
5by the decedent, and shall be increased (1) on each January 1
6occurring on or after the commencement of the annuity if the
7deceased participant died while receiving a retirement
8annuity, or (2) in other cases, on each January 1 occurring on
9or after the first anniversary of the commencement of the
10annuity, but in no event prior to age 67, by an amount equal to
113% or one-half the annual unadjusted percentage increase (but
12not less than zero) in the consumer price index-u as determined
13by the Public Pension Division of the Department of Insurance
14under subsection (b-5) of Section 18-125, whichever is less, of
15the originally granted survivor's annuity.
16(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)".