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Public Act 096-0889 |
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Public Labor Relations Act is | ||||
amended by changing Section 15 as follows:
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(5 ILCS 315/15) (from Ch. 48, par. 1615)
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Sec. 15. Act Takes Precedence. | ||||
(a) In case of any conflict between the
provisions of this | ||||
Act and any other law (other than Section 5 of the State | ||||
Employees Group Insurance Act of 1971 and other than the | ||||
changes made to the Illinois Pension Code by this amendatory | ||||
Act of the 96th General Assembly ), executive order or | ||||
administrative
regulation relating to wages, hours and | ||||
conditions of employment and employment
relations, the | ||||
provisions of this Act or any collective bargaining agreement
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negotiated thereunder shall prevail and control.
Nothing in | ||||
this Act shall be construed to replace or diminish the
rights | ||||
of employees established by Sections 28 and 28a of the | ||||
Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 | ||||
of the Regional Transportation
Authority Act. The provisions of | ||||
this Act are subject to Section 5 of the State Employees Group | ||||
Insurance Act of 1971. Nothing in this Act shall be construed | ||||
to replace the necessity of complaints against a sworn peace |
officer, as defined in Section 2(a) of the Uniform Peace | ||
Officer Disciplinary Act, from having a complaint supported by | ||
a sworn affidavit.
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(b) Except as provided in subsection (a) above, any | ||
collective bargaining
contract between a public employer and a | ||
labor organization executed pursuant
to this Act shall | ||
supersede any contrary statutes, charters, ordinances, rules
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or regulations relating to wages, hours and conditions of | ||
employment and
employment relations adopted by the public | ||
employer or its agents. Any collective
bargaining agreement | ||
entered into prior to the effective date of this Act
shall | ||
remain in full force during its duration.
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(c) It is the public policy of this State, pursuant to | ||
paragraphs (h)
and (i) of Section 6 of Article VII of the | ||
Illinois Constitution, that the
provisions of this Act are the | ||
exclusive exercise by the State of powers
and functions which | ||
might otherwise be exercised by home rule units. Such
powers | ||
and functions may not be exercised concurrently, either | ||
directly
or indirectly, by any unit of local government, | ||
including any home rule
unit, except as otherwise authorized by | ||
this Act.
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(Source: P.A. 95-331, eff. 8-21-07.)
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Section 10. The Illinois Pension Code is amended by adding | ||
Section 1-160 and by amending Sections 2-108.1, 2-119, | ||
2-119.01, 2-119.1, 2-121.1, 2-122, 17-129, 18-124, 18-125, |
18-125.1, 18-127, and 18-128.01 as follows: | ||
(40 ILCS 5/1-160 new) | ||
Sec. 1-160. Provisions applicable to new hires. | ||
(a) The provisions of this Section apply to a person who | ||
first becomes an employee and a participant under any | ||
retirement system or pension fund under this Code, other than a | ||
retirement system or pension fund established under Article 2, | ||
3, 4, 5, 6, or 18 of this Code, on or after the effective date | ||
of this amendatory Act of the 96th General Assembly | ||
notwithstanding any other provision of this Code to the | ||
contrary, but do not apply to any self-managed plan established | ||
under this Code, to any person with respect to service as a | ||
sheriff's law enforcement employee under Article 7, or to any | ||
participant of the retirement plan established under Section | ||
22-101. | ||
(b) "Final average salary" means the average monthly salary | ||
obtained by dividing the total salary of the participant during | ||
the 96 consecutive months of service within the last 120 months | ||
of service in which the total salary was the highest by the | ||
number of months of service in that period; however, the annual | ||
final average salary may not exceed $106,800, as automatically | ||
increased
by the lesser of 3% or one-half of the annual | ||
increase in the consumer price index-u
during the preceding | ||
12-month calendar year. For the purposes of a person who first | ||
becomes an employee of any retirement system or pension fund to |
which this Section applies on or after the effective date of | ||
this amendatory Act of the 96th General Assembly, in this Code, | ||
"final average salary" shall be substituted for the following: | ||
(1) In Articles 7 (except for service as sheriff's law | ||
enforcement employees) and 15, "final rate of earnings". | ||
(2) In Articles 8, 9, 10, 11, and 12, "highest average | ||
annual salary for any 4 consecutive years within the last | ||
10 years of service immediately preceding the date of | ||
withdrawal". | ||
(3) In Article 13, "average final salary". | ||
(4) In Article 14, "final average compensation". | ||
(5) In Article 17, "average salary". | ||
(6) In Section 22-207, "wages or salary received by him | ||
at the date of retirement or discharge". | ||
For the purposes of this Section, "consumer price index-u" | ||
means
the index published by the Bureau of Labor Statistics of | ||
the United States
Department of Labor that measures the average | ||
change in prices of goods and
services purchased by all urban | ||
consumers, United States city average, all
items, 1982-84 = | ||
100. The new amount resulting from each annual adjustment
shall | ||
be determined by the Public Pension Division of the Department | ||
of Insurance and made available to the boards of the retirement | ||
systems and pension funds. | ||
(c) A participant is entitled to a retirement
annuity | ||
beginning on the date specified by the participant in
a written | ||
application only if, on that specified date, he or she has |
attained age 67 and has at least 10 years of service credit. | ||
A participant who has attained age 62 and has at least 10 | ||
years of service credit may elect to receive the lower | ||
retirement annuity provided
in subsection (d) of this Section. | ||
(d) The retirement annuity of a participant who is retiring | ||
after attaining age 62 with at least 10 years of service credit | ||
shall be reduced by one-half
of 1% for each month that the | ||
member's age is under age 67. | ||
(e) Any retirement annuity or supplemental annuity shall be | ||
subject to annual increases upon (1) attainment of age 67 or | ||
(2) the first anniversary of the commencement of the annuity,
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whichever occurs later. Each annual increase shall be | ||
calculated at 3% or one-half the annual increase in the | ||
consumer price index-u for the preceding calendar year, | ||
whichever is less, of the originally granted retirement | ||
annuity. If the increase in the consumer price index-u for the | ||
preceding calendar year is zero or there is a decrease, then | ||
the annuity shall not be increased. | ||
(f) The initial survivor's annuity of an otherwise eligible | ||
survivor of a participant who first becomes a participant on or | ||
after the effective date of this amendatory Act of the 96th | ||
General Assembly shall be in the amount of 66 2/3% of the | ||
participant's earned retirement annuity at the date of death | ||
and shall be increased (1) on each January 1 occurring on or | ||
after the commencement of the annuity if
the deceased member | ||
died while receiving a retirement annuity or (2) in
other |
cases, on each January 1 occurring after the first anniversary
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of the commencement of the annuity. Each annual increase shall | ||
be calculated at 3% or one-half the annual increase in the | ||
consumer price index-u for the preceding calendar year, | ||
whichever is less, of the originally granted survivor's | ||
annuity. If the increase in the consumer price index-u for the | ||
preceding calendar year is zero or there is a decrease, then | ||
the annuity shall not be increased. | ||
(g) The benefits in Section 14-110 apply only if the person | ||
is a State policeman, a fire fighter in the fire protection | ||
service of a department, or a security employee of the | ||
Department of Corrections or the Department of Juvenile | ||
Justice, as those terms are defined in subsection (b) of | ||
Section 14-110. A person who meets the requirements of this | ||
Section is entitled to an annuity calculated under the | ||
provisions of Section 14-110, in lieu of the regular or minimum | ||
retirement annuity, only if the person has withdrawn from | ||
service with not less than 20
years of eligible creditable | ||
service and has attained age 60, regardless of whether
the | ||
attainment of age 60 occurs while the person is
still in | ||
service. | ||
(h) If a person who first becomes a member of a retirement | ||
system or pension fund subject to this Section on or after the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly is receiving a retirement annuity or retirement | ||
pension under that system or fund and accepts employment in a |
position covered under the same Article or any other Article of | ||
this Code on a full-time basis, then the person's retirement | ||
annuity or retirement pension under that system or fund shall | ||
be suspended during that employment. Upon termination of that | ||
employment, the person's retirement annuity or retirement | ||
pension payments shall resume and, if appropriate, be | ||
recalculated under the applicable provisions of this Code. | ||
(i) Notwithstanding any other provision of this Section, a | ||
person who first becomes a participant of the retirement system | ||
established under Article 15 on or after the effective date of | ||
this amendatory Act of the 96th General Assembly shall have the | ||
option to enroll in the self-managed plan created under Section | ||
15-158.2 of this Code. | ||
(j) In the case of a conflict between the provisions of | ||
this Section and any other provision of this Code, the | ||
provisions of this Section shall control.
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(40 ILCS 5/2-108.1) (from Ch. 108 1/2, par. 2-108.1)
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Sec. 2-108.1. Highest salary for annuity purposes.
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(a) "Highest salary for annuity purposes" means whichever | ||
of
the following is applicable to the participant:
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For a participant who first becomes a participant of this | ||
System before August 10, 2009 ( the effective date of Public Act | ||
96-207) this amendatory Act of the 96th General Assembly :
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(1) For a participant who is a member of the General | ||
Assembly on his
or her last day of service: the highest |
salary that is prescribed by law,
on the participant's last | ||
day of service, for a member of the General
Assembly who is | ||
not an officer; plus, if the participant was elected or
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appointed to serve as an officer of the General Assembly | ||
for 2 or more
years and has made contributions as required | ||
under subsection (d) of
Section 2-126, the highest | ||
additional amount of compensation prescribed by
law, at the | ||
time of the participant's service as an officer, for | ||
members of
the General Assembly who serve in that office.
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(2) For a participant who holds one of the State | ||
executive offices
specified in Section 2-105 on his or her | ||
last day of service: the highest
salary prescribed by law | ||
for service in that office on the participant's
last day of | ||
service.
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(3) For a participant who is Clerk or Assistant Clerk | ||
of the House of Representatives or Secretary or Assistant | ||
Secretary of the Senate
on his or her last day of service: | ||
the salary received for service in that
capacity on the | ||
last day of service, but not to exceed the highest salary
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(including additional compensation for service as an | ||
officer) that is
prescribed by law on the participant's | ||
last day of service for the highest
paid officer of the | ||
General Assembly.
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(4) For a participant who is a continuing participant | ||
under Section
2-117.1 on his or her last day of service: | ||
the salary received for service
in that capacity on the |
last day of service, but not to exceed the highest
salary | ||
(including additional compensation for service as an | ||
officer) that
is prescribed by law on the participant's | ||
last day of service for the
highest paid officer of the | ||
General Assembly.
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For a participant who first becomes a participant of this | ||
System on or after August 10, 2009 ( the effective date of | ||
Public Act 96-207) and before the effective date of this | ||
amendatory Act of the 96th General Assembly this amendatory Act | ||
of the 96th General Assembly , the average monthly salary | ||
obtained by dividing the total salary of the participant during | ||
the period of: (1) the 48 consecutive months of service within | ||
the last 120 months of service in which the total compensation | ||
was the highest, or (2) the total period of service, if less | ||
than 48 months, by the number of months of service in that | ||
period. | ||
For a participant who first becomes a participant of this | ||
System on or after the effective date of this amendatory Act of | ||
the 96th General Assembly, the average monthly salary obtained | ||
by dividing the total salary of the participant during the 96 | ||
consecutive months of service within the last 120 months of | ||
service in which the total compensation was the highest by the | ||
number of months of service in that period; however, the | ||
highest salary for annuity purposes may not exceed the Social | ||
Security Covered Wage Base for 2010, and shall automatically be | ||
increased or decreased, as applicable,
by a percentage equal to |
the percentage change in the consumer price index-u
during the | ||
preceding 12-month calendar year. "Consumer price index-u" | ||
means
the index published by the Bureau of Labor Statistics of | ||
the United States
Department of Labor that measures the average | ||
change in prices of goods and
services purchased by all urban | ||
consumers, United States city average, all
items, 1982-84 = | ||
100. The new amount resulting from each annual adjustment
shall | ||
be determined by the Public Pension Division of the Department | ||
of Insurance and made available to the Board. | ||
(b) The earnings limitations of subsection (a) apply to | ||
earnings
under any other participating system under the | ||
Retirement Systems Reciprocal
Act that are considered in | ||
calculating a proportional annuity under this
Article, except | ||
in the case of a person who first became a member of this
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System before August 22,
1994.
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(c) In calculating the subsection (a) earnings limitation | ||
to be applied to
earnings under any other participating system | ||
under the Retirement Systems
Reciprocal Act for the purpose of | ||
calculating a proportional annuity under this
Article, the | ||
participant's last day of service shall be deemed to mean the | ||
last
day of service in any participating system from which the | ||
person has applied
for a proportional annuity under the | ||
Retirement Systems Reciprocal Act.
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(Source: P.A. 96-207, eff. 8-10-09.)
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(40 ILCS 5/2-119) (from Ch. 108 1/2, par. 2-119)
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Sec. 2-119. Retirement annuity - conditions for | ||
eligibility. | ||
(a)
A participant whose service as a
member is terminated, | ||
regardless of age or cause, is entitled to a retirement
annuity | ||
beginning on the date specified by the participant in
a written | ||
application subject to the following conditions:
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1. The date the annuity begins does not precede
the | ||
date of final
termination of service, or is not more than | ||
30 days before the receipt
of the application
by the board | ||
in the case of annuities based on disability or one year | ||
before
the receipt of the application in the case of | ||
annuities
based on attained age;
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2. The participant meets one of the following | ||
eligibility requirements: | ||
For a participant who first becomes a participant of | ||
this System before the effective date of this amendatory | ||
Act of the 96th General Assembly:
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(A) He or she has attained age 55 and has at least | ||
8 years of service credit;
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(B) He or she has attained age 62 and terminated | ||
service after July 1,
1971 with at least 4 years of | ||
service credit; or
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(C) He or she has completed 8 years of service and | ||
has become
permanently disabled and as a consequence, | ||
is unable to perform the duties
of his or her office.
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For a participant who first becomes a participant of |
this System on or after the effective date of this | ||
amendatory Act of the 96th General Assembly, he or she has | ||
attained age 67 and has at least 8 years of service credit. | ||
(a-5) A participant who first becomes a participant of this | ||
System on or after the effective date of this amendatory Act of | ||
the 96th General Assembly who has attained age 62 and has at | ||
least 8 years of service credit may elect to receive the lower | ||
retirement annuity provided
in paragraph (c) of Section | ||
2-119.01 of this Code. | ||
(b) A participant shall be considered permanently disabled | ||
only if:
(1) disability occurs while in service and is
of such | ||
a nature
as to prevent him or her from reasonably performing | ||
the duties of his
or her office at
the time; and (2) the board | ||
has received a written certificate by at
least 2 licensed | ||
physicians appointed by the board stating that the member is
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disabled and that the disability is likely to be permanent.
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(Source: P.A. 83-1440.)
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(40 ILCS 5/2-119.01) (from Ch. 108 1/2, par. 2-119.01)
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Sec. 2-119.01. Retirement annuities - Amount.
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(a) For a participant
in service after June 30, 1977 who | ||
has not made contributions to this System
after January 1, | ||
1982, the annual retirement annuity is 3% for each of the
first | ||
8 years of service, plus 4% for each of the next 4 years of | ||
service,
plus 5% for each year of service in excess of 12 | ||
years, based on the
participant's highest salary for annuity |
purposes. The maximum
retirement annuity payable
shall be 80% | ||
of the participant's highest salary for
annuity purposes.
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(b) For a participant in service after June 30, 1977 who | ||
has made
contributions to this System on or after January 1, | ||
1982, the annual
retirement annuity is 3% for each of the first | ||
4 years of service, plus 3
1/2% for each of the next 2 years of | ||
service, plus 4% for each of the next
2 years of service, plus | ||
4 1/2% for each of the next 4 years of service,
plus 5% for each | ||
year of service in excess of 12 years, of the
participant's | ||
highest salary for annuity purposes. The maximum retirement
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annuity payable shall be 85% of the participant's highest
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salary for annuity purposes.
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(c) Notwithstanding any other provision of this Article, | ||
for a participant who first becomes a participant on or after | ||
the effective date of this amendatory Act of the 96th General | ||
Assembly, the annual
retirement annuity is 3% of the
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participant's highest salary for annuity purposes for each year | ||
of service. The maximum retirement
annuity payable shall be 60% | ||
of the participant's highest
salary for annuity purposes. | ||
(d) Notwithstanding any other provision of this Article, | ||
for a participant who first becomes a participant on or after | ||
the effective date of this amendatory Act of the 96th General | ||
Assembly and who is retiring after attaining age 62 with at | ||
least 8 years of service credit, the retirement annuity shall | ||
be reduced by one-half
of 1% for each month that the member's | ||
age is under age 67. |
(Source: P.A. 86-1488.)
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(40 ILCS 5/2-119.1) (from Ch. 108 1/2, par. 2-119.1)
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Sec. 2-119.1. Automatic increase in retirement annuity.
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(a) A participant who retires after June 30, 1967, and who | ||
has not
received an initial increase under this Section before | ||
the effective date
of this amendatory Act of 1991, shall, in | ||
January or July next following
the first anniversary of | ||
retirement, whichever occurs first, and in the same
month of | ||
each year thereafter, but in no event prior to age 60, have the | ||
amount
of the originally granted retirement annuity increased | ||
as follows: for each
year through 1971, 1 1/2%; for each year | ||
from 1972 through 1979, 2%; and for
1980 and each year | ||
thereafter, 3%. Annuitants who have received an initial
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increase under this subsection prior to the effective date of | ||
this amendatory
Act of 1991 shall continue to receive their | ||
annual increases in the same month
as the initial increase.
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(b) Beginning January 1, 1990, for eligible participants | ||
who remain
in service after attaining 20 years of creditable | ||
service, the 3% increases
provided under subsection (a) shall | ||
begin to accrue on the January 1 next
following the date upon | ||
which the participant (1) attains age 55, or (2)
attains 20 | ||
years of creditable service, whichever occurs later, and shall
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continue to accrue while the participant remains in service; | ||
such increases
shall become payable on January 1 or July 1, | ||
whichever occurs first, next
following the first anniversary of |
retirement. For any person who has service
credit in the System | ||
for the entire period from January 15, 1969 through
December | ||
31, 1992, regardless of the date of termination of service, the
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reference to age 55 in clause (1) of this subsection (b) shall | ||
be deemed to
mean age 50.
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This subsection (b) does not apply to any person who first | ||
becomes a
member of the System after the effective date of this | ||
amendatory Act of
the 93rd General Assembly.
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(b-5) Notwithstanding any other provision of this Article, | ||
a participant who first becomes a participant on or after the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly shall, in January or July next following the first | ||
anniversary of retirement, whichever occurs first, and in the | ||
same month of each year thereafter, but in no event prior to | ||
age 67, have the amount of the retirement annuity then being | ||
paid increased by 3% or the annual change in the Consumer Price | ||
Index for All Urban Consumers, whichever is less. | ||
(c) The foregoing provisions relating to automatic | ||
increases are not
applicable to a participant who retires | ||
before having made contributions
(at the rate prescribed in | ||
Section 2-126) for automatic increases for less
than the | ||
equivalent of one full year. However, in order to be eligible | ||
for
the automatic increases, such a participant may make | ||
arrangements to pay
to the system the amount required to bring | ||
the total contributions for the
automatic increase to the | ||
equivalent of one year's contributions based upon
his or her |
last salary.
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(d) A participant who terminated service prior to July 1, | ||
1967, with at
least 14 years of service is entitled to an | ||
increase in retirement annuity
beginning January, 1976, and to | ||
additional increases in January of each
year thereafter.
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The initial increase shall be 1 1/2% of the originally | ||
granted retirement
annuity multiplied by the number of full | ||
years that the annuitant was in
receipt of such annuity prior | ||
to January 1, 1972, plus 2% of the originally
granted | ||
retirement annuity for each year after that date. The | ||
subsequent
annual increases shall be at the rate of 2% of the | ||
originally granted
retirement annuity for each year through | ||
1979 and at the rate of 3% for
1980 and thereafter.
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(e) Beginning January 1, 1990, all automatic annual | ||
increases payable
under this Section shall be calculated as a | ||
percentage of the total annuity
payable at the time of the | ||
increase, including previous increases granted
under this | ||
Article.
| ||
(Source: P.A. 93-494, eff. 8-8-03.)
| ||
(40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1)
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Sec. 2-121.1. Survivor's annuity - amount.
| ||
(a) A surviving spouse shall be entitled to 66 2/3% of the | ||
amount of
retirement annuity to which the participant or | ||
annuitant was entitled on
the date of death, without regard to | ||
whether the participant had attained
age 55 prior to his or her |
death, subject to a minimum payment of 10% of
salary. If a | ||
surviving spouse, regardless of age, has in his or her care
at | ||
the date of death any eligible child or children of the | ||
participant, the
survivor's annuity shall be the greater of the | ||
following: (1) 66 2/3% of
the amount of retirement annuity to | ||
which the participant or annuitant was
entitled on the date of | ||
death, or (2) 30% of the participant's salary
increased by 10% | ||
of salary on account of each such child, subject to a
total | ||
payment for the surviving spouse and children of 50% of salary. | ||
If
eligible children survive but there is no surviving spouse, | ||
or if the
surviving spouse dies or becomes disqualified by
| ||
remarriage while eligible children survive, each
eligible | ||
child shall be entitled to an annuity of 20% of salary, subject
| ||
to a maximum total payment for all such children of 50% of | ||
salary.
| ||
However, the survivor's annuity payable under this Section | ||
shall not be
less than 100% of the amount of retirement annuity | ||
to which the participant
or annuitant was entitled on the date | ||
of death, if he or she is survived by
a dependent disabled | ||
child.
| ||
The salary to be used for determining these benefits shall | ||
be the
salary used for determining the amount of retirement | ||
annuity as provided
in Section 2-119.01.
| ||
(b) Upon the death of a participant after the termination | ||
of service or
upon death of an annuitant, the maximum total | ||
payment to a surviving spouse
and eligible children, or to |
eligible children alone if there is no surviving
spouse, shall | ||
be 75% of the retirement annuity to which the participant
or | ||
annuitant was entitled, unless there is a dependent disabled | ||
child
among the survivors.
| ||
(c) When a child ceases to be an eligible child, the | ||
annuity to that
child, or to the surviving spouse on account of | ||
that child, shall thereupon
cease, and the annuity payable to | ||
the surviving spouse or other eligible
children shall be | ||
recalculated if necessary.
| ||
Upon the ineligibility of the last eligible child, the | ||
annuity shall
immediately revert to the amount payable upon | ||
death of a participant or
annuitant who leaves no eligible | ||
children. If the surviving spouse is then
under age 50, the | ||
annuity as revised shall be deferred until the attainment
of | ||
age 50.
| ||
(d) Beginning January 1, 1990, every survivor's annuity | ||
shall be increased
(1) on each January 1 occurring on or after | ||
the commencement of the annuity if
the deceased member died | ||
while receiving a retirement annuity, or (2) in
other cases, on | ||
each January 1 occurring on or after the first anniversary
of | ||
the commencement of the annuity, by an amount equal to 3% of | ||
the current
amount of the annuity, including any previous | ||
increases under this Article.
Such increases shall apply | ||
without regard to whether the deceased member
was in service on | ||
or after the effective date of this amendatory Act of
1991, but | ||
shall not accrue for any period prior to January 1, 1990.
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(d-5) Notwithstanding any other provision of this Article, | ||
the initial survivor's annuity of a survivor of a participant | ||
who first becomes a participant on or after the effective date | ||
of this amendatory Act of the 96th General Assembly shall be in | ||
the amount of 66 2/3% of the amount of the retirement annuity | ||
to which the participant or annuitant was entitled on the date | ||
of death and shall be increased (1) on each January 1 occurring | ||
on or after the commencement of the annuity if
the deceased | ||
member died while receiving a retirement annuity or (2) in
| ||
other cases, on each January 1 occurring on or after the first | ||
anniversary
of the commencement of the annuity, by an amount | ||
equal to 3% or the annual change in the Consumer Price Index | ||
for All Urban Consumers, whichever is less, of the survivor's | ||
annuity then being paid. | ||
(e) Notwithstanding any other provision of this Article, | ||
beginning
January 1, 1990, the minimum survivor's annuity | ||
payable to any person who
is entitled to receive a survivor's | ||
annuity under this Article shall be
$300 per month, without | ||
regard to whether or not the deceased participant
was in | ||
service on the effective date of this amendatory Act of 1989.
| ||
(f) In the case of a proportional survivor's annuity | ||
arising under
the Retirement Systems Reciprocal Act where the | ||
amount payable by the
System on January 1, 1993 is less than | ||
$300 per month, the amount payable
by the System shall be | ||
increased beginning on that date by a monthly amount
equal to | ||
$2 for each full year that has expired since the annuity began.
|
(Source: P.A. 91-887, eff. 7-6-00.)
| ||
(40 ILCS 5/2-122) (from Ch. 108 1/2, par. 2-122)
| ||
Sec. 2-122. Re-entry after retirement. An annuitant who | ||
re-enters service as a member shall become a
participant on the | ||
date of re-entry and retirement annuity
payments shall cease at | ||
that time. The participant shall resume contributions
to the | ||
system on the date of re-entry at the rates then in effect and | ||
shall
begin to accrue additional service credit. He or she | ||
shall be entitled
to all rights
and privileges in the system, | ||
including death and disability benefits,
subject to the | ||
limitations herein provided, except refund of retirement
| ||
annuity contributions.
| ||
Upon subsequent retirement, the participant shall be | ||
entitled
to a retirement
annuity consisting of: (1) the amount | ||
of retirement annuity previously
granted and terminated by | ||
re-entry into service; and (2) the
amount of additional | ||
retirement annuity earned during the
additional service based | ||
on the provisions in effect at the date of such subsequent
| ||
retirement. However, the total retirement annuity shall not
| ||
exceed the maximum retirement annuity applicable
at the date of | ||
the participant's last
retirement. If the salary
of the | ||
participant following the latest re-entry
into service is | ||
higher than
that in effect at the date of the previous | ||
retirement and the
participant
restores to the system all | ||
amounts previously received as
retirement annuity payments, |
upon subsequent
retirement, the retirement annuity shall be | ||
recalculated
for all service credited under the system as | ||
though the participant
had not previously retired.
| ||
The repayment of retirement annuity payments
must be made | ||
by
the participant in a single sum or by a withholding from
| ||
salary
within a period of 6 years from date of re-entry and in | ||
any event before
subsequent retirement. If previous annuity | ||
payments have not been repaid
to the system at the date of | ||
death of the participant,
any remaining
balance must be fully | ||
repaid to the system before any further annuity
shall be | ||
payable.
| ||
Such member, if unmarried at date of his last retirement, | ||
shall also
be entitled to a refund of widow's and widower's | ||
annuity contributions,
without interest, covering the period | ||
from the date of re-entry into
service to the date of last | ||
retirement.
| ||
Notwithstanding any other provision of this Article, if a | ||
person who first becomes a participant under this System on or | ||
after the effective date of this amendatory Act of the 96th | ||
General Assembly is receiving a retirement annuity under this | ||
Article and accepts employment in a position covered under this | ||
Article or any other Article of this Code on a full-time basis, | ||
then the person's retirement annuity under this System shall be | ||
suspended during that employment. Upon termination of that | ||
employment, the person's retirement annuity shall resume and, | ||
if appropriate, be recalculated under the applicable |
provisions of this Article. | ||
(Source: P.A. 83-1440.)
| ||
(40 ILCS 5/17-129) (from Ch. 108 1/2, par. 17-129) | ||
Sec. 17-129. Employer contributions; deficiency in Fund. | ||
(a) If in any fiscal year of the Board of Education ending | ||
prior to 1997 the
total amounts paid to the Fund from the Board | ||
of Education (other than under
this subsection, and other than | ||
amounts used for making or "picking up"
contributions on behalf | ||
of teachers) and from the State do not equal the total
| ||
contributions made by or on behalf of the teachers for such | ||
year, or if the
total income of the Fund in any such fiscal | ||
year of the Board of Education from
all sources is less than | ||
the total such expenditures by the Fund for such year,
the | ||
Board of Education shall, in the next succeeding year, in | ||
addition to any
other payment to the Fund set apart and | ||
appropriate from moneys from its tax
levy for educational | ||
purposes, a sum sufficient to remove such deficiency or
| ||
deficiencies, and promptly pay such sum into the Fund in order | ||
to restore any
of the reserves of the Fund that may have been | ||
so temporarily applied. Any
amounts received by the Fund after | ||
December 4, 1997 from State appropriations, including under | ||
Section
17-127, shall be a credit against and shall fully | ||
satisfy any obligation that
may have arisen, or be claimed to | ||
have arisen, under this subsection (a) as a
result of any | ||
deficiency or deficiencies in the fiscal year of the Board of
|
Education ending in calendar year 1997. | ||
(b) (i) Notwithstanding any other provision of this | ||
Section, and notwithstanding any prior certification by the | ||
Board under subsection (c) for fiscal year 2011, the Board of | ||
Education's total required contribution to the Fund for fiscal | ||
year 2011 under this Section is $187,000,000. | ||
(ii) Notwithstanding any other provision of this Section, | ||
the Board of Education's total required contribution to the | ||
Fund for fiscal year 2012 under this Section is $192,000,000. | ||
(iii) Notwithstanding any other provision of this Section, | ||
the Board of Education's total required contribution to the | ||
Fund for fiscal year 2013 under this Section is $196,000,000. | ||
(iv) For fiscal years 2014 through 2059, the minimum | ||
contribution to the Fund to be made by the Board of Education | ||
in each fiscal year shall be an amount determined by the Fund | ||
to be sufficient to bring the total assets of the Fund up to | ||
90% of the total actuarial liabilities of the Fund by the end | ||
of fiscal year 2059. In making these determinations, the | ||
required Board of Education contribution shall be calculated | ||
each year as a level percentage of the applicable employee | ||
payrolls over the years remaining to and including fiscal year | ||
2059 and shall be determined under the projected unit credit | ||
actuarial cost method. | ||
(v) Beginning in fiscal year 2060, the minimum Board of | ||
Education contribution for each fiscal year shall be the amount | ||
needed to maintain the total assets of the Fund at 90% of the |
total actuarial liabilities of the Fund. | ||
(vi) Notwithstanding any other provision of this | ||
subsection (b), for any fiscal year, the contribution to the | ||
Fund from the Board of Education shall not be required to be in | ||
excess of the amount calculated as needed to maintain the | ||
assets (or cause the assets to be) at the 90% level by the end | ||
of the fiscal year. | ||
(vii) Any contribution by the State to or for the benefit | ||
of the Fund, including, without limitation, as referred to | ||
under Section 17-127, shall be a credit against any | ||
contribution required to be made by the Board of Education | ||
under this subsection (b). | ||
(b) (i) For fiscal years 2011 through 2045, the minimum | ||
contribution
to the Fund to be made by the Board of Education | ||
in each fiscal year shall be
an amount determined by the Fund | ||
to be sufficient to bring the total assets of
the Fund up to | ||
90% of the total actuarial liabilities of the Fund by the end | ||
of
fiscal year 2045. In making these determinations, the | ||
required Board of
Education contribution shall be calculated | ||
each year as a level percentage of
the applicable employee | ||
payrolls over the years remaining to and including
fiscal year | ||
2045 and shall
be determined under the projected unit credit | ||
actuarial cost method. | ||
(ii) For fiscal years 1999 through 2010, the Board of | ||
Education's
contribution to the Fund, as a percentage of the | ||
applicable employee payroll,
shall be increased in equal annual |
increments so that by fiscal year 2011, the
Board of Education | ||
is contributing at the rate required under this subsection. | ||
(iii) Beginning in fiscal year 2046, the minimum Board of | ||
Education
contribution for each fiscal year shall be the amount | ||
needed to maintain the
total assets of the Fund at 90% of the | ||
total actuarial liabilities of the Fund. | ||
(iv) Notwithstanding the provisions of paragraphs (i), | ||
(ii), and (iii)
of this subsection (b), for any fiscal year the | ||
contribution to the Fund from
the Board of Education shall not | ||
be required to be in excess of the amount
calculated as needed | ||
to maintain the assets (or cause the assets to be) at the
90% | ||
level by the end of the fiscal year. | ||
(v) Any contribution by the State to or for the benefit of | ||
the Fund,
including, without limitation, as referred to under | ||
Section 17-127, shall be a
credit against any contribution | ||
required to be made by the Board of Education
under this | ||
subsection (b). | ||
(c) The Board shall determine the amount of Board of | ||
Education
contributions required for each fiscal year on the | ||
basis of the actuarial
tables and other assumptions adopted by | ||
the Board and the recommendations of
the actuary, in order to | ||
meet the minimum contribution requirements of
subsections (a) | ||
and (b). Annually, on or before February 28, the Board shall
| ||
certify to the Board of Education the amount of the required | ||
Board of Education
contribution for the coming fiscal year. The | ||
certification shall include a
copy of the actuarial |
recommendations upon which it is based. | ||
(Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 12-4-97; | ||
90-566, eff. 1-2-98;
90-655, eff. 7-30-98.)
| ||
(40 ILCS 5/18-124) (from Ch. 108 1/2, par. 18-124)
| ||
Sec. 18-124. Retirement annuities - conditions for | ||
eligibility. | ||
(a) This subsection (a) applies to a participant who first | ||
serves as a judge before the effective date of this amendatory | ||
Act of the 96th General Assembly. | ||
A
participant whose employment as a judge is terminated, | ||
regardless of age
or cause is entitled to a retirement annuity | ||
beginning on
the date specified in a written application | ||
subject to the
following:
| ||
(1) the date the annuity begins is subsequent
to the | ||
date of final
termination of employment, or the date 30 | ||
days prior to the receipt of
the application by the board | ||
for annuities based on
disability, or one year before the | ||
receipt of the application by the
board for annuities based | ||
on attained age;
| ||
(2) the participant is at least age 55, or has
become | ||
permanently disabled and as
a consequence is unable to | ||
perform the duties of his or her office;
| ||
(3) the participant has at least 10 years of service
| ||
credit except that a participant terminating service after | ||
June
30 1975, with at least 6 years of service credit, |
shall be entitled to
a retirement annuity at age 62 or | ||
over;
| ||
(4) the participant is not receiving or entitled
to | ||
receive, at the date of
retirement, any salary from an | ||
employer for service currently performed.
| ||
(b) This subsection (b) applies to a participant who first | ||
serves as a judge on or after the effective date of this | ||
amendatory Act of the 96th General Assembly. | ||
A participant who has at least 8 years of creditable | ||
service is
entitled to a retirement annuity when he or she has | ||
attained age 67. | ||
A member who has attained age 62 and has at least 8 years | ||
of service credit may elect to receive the lower retirement | ||
annuity provided
in subsection (d) of Section 18-125 of this | ||
Code. | ||
(Source: P.A. 83-1440.)
| ||
(40 ILCS 5/18-125) (from Ch. 108 1/2, par. 18-125)
| ||
Sec. 18-125. Retirement annuity amount.
| ||
(a) The annual retirement annuity for a participant who | ||
terminated
service as a judge prior to July 1, 1971 shall be | ||
based on the law in
effect at the time of termination of | ||
service.
| ||
(b) Except as provided in subsection (b-5), effective | ||
Effective July 1, 1971, the retirement annuity for any | ||
participant
in service on or after such date shall be 3 1/2% of |
final average salary,
as defined in this Section, for each of | ||
the first 10 years of service, and
5% of such final average | ||
salary for each year of service on excess of 10.
| ||
For purposes of this Section, final average salary for a | ||
participant who first serves as a judge before August 10, 2009 | ||
( the effective date of Public Act 96-207) this amendatory Act | ||
of the 96th General Assembly shall be:
| ||
(1) the average salary for the last 4 years of credited | ||
service as a
judge for a participant who terminates service | ||
before July 1, 1975.
| ||
(2) for a participant who terminates service after June | ||
30, 1975
and before July 1, 1982, the salary on the last | ||
day of employment as a judge.
| ||
(3) for any participant who terminates service after | ||
June 30, 1982 and
before January 1, 1990, the average | ||
salary for the final year of service as
a judge.
| ||
(4) for a participant who terminates service on or | ||
after January 1,
1990 but before the effective date of this | ||
amendatory Act of 1995, the
salary on the last day of | ||
employment as a judge.
| ||
(5) for a participant who terminates service on or | ||
after the effective
date of this amendatory Act of 1995, | ||
the salary on the last day of employment
as a judge, or the | ||
highest salary received by the participant for employment | ||
as
a judge in a position held by the participant for at | ||
least 4 consecutive years,
whichever is greater.
|
However, in the case of a participant who elects to | ||
discontinue contributions
as provided in subdivision (a)(2) of | ||
Section 18-133, the time of such
election shall be considered | ||
the last day of employment in the determination
of final | ||
average salary under this subsection.
| ||
For a participant who first serves as a judge on or after | ||
August 10, 2009 ( the effective date of Public Act 96-207) and | ||
before the effective date of this amendatory Act of the 96th | ||
General Assembly this amendatory Act of the 96th General | ||
Assembly , final average salary shall be the average monthly | ||
salary obtained by dividing the total salary of the participant | ||
during the period of: (1) the 48 consecutive months of service | ||
within the last 120 months of service in which the total | ||
compensation was the highest, or (2) the total period of | ||
service, if less than 48 months, by the number of months of | ||
service in that period. | ||
The maximum retirement annuity for any participant shall be | ||
85% of final
average salary.
| ||
(b-5) Notwithstanding any other provision of this Article, | ||
for a participant who first serves as a judge on or after the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly, the annual
retirement annuity is 3% of the
| ||
participant's final average salary for each year of service. | ||
The maximum retirement
annuity payable shall be 60% of the | ||
participant's final average salary. | ||
For a participant who first serves as a judge on or after |
the effective date of this amendatory Act of the 96th General | ||
Assembly, final average salary shall be the average monthly | ||
salary obtained by dividing the total salary of the judge | ||
during the 96 consecutive months of service within the last 120 | ||
months of service in which the total salary was the highest by | ||
the number of months of service in that period; however, the | ||
final average salary may not exceed the Social Security Covered | ||
Wage Base for 2010, and shall automatically be increased or | ||
decreased, as applicable,
by a percentage equal to the | ||
percentage change in the consumer price index-u
during the | ||
preceding 12-month calendar year. "Consumer price index-u" | ||
means
the index published by the Bureau of Labor Statistics of | ||
the United States
Department of Labor that measures the average | ||
change in prices of goods and
services purchased by all urban | ||
consumers, United States city average, all
items, 1982-84 = | ||
100. The new amount resulting from each annual adjustment
shall | ||
be determined by the Public Pension Division of the Department | ||
of Insurance and made available to the Board. | ||
(c) The retirement annuity for a participant who retires | ||
prior to age 60
with less than 28 years of service in the | ||
System shall be reduced 1/2 of 1%
for each month that the | ||
participant's age is under 60 years at the time the
annuity | ||
commences. However, for a participant who retires on or after | ||
the
effective date of this amendatory Act of the 91st General | ||
Assembly, the
percentage reduction in retirement annuity | ||
imposed under this subsection shall
be reduced by 5/12 of 1% |
for every month of service in this System in excess of
20 | ||
years, and therefore a participant with at least 26 years of | ||
service in this
System may retire at age 55 without any | ||
reduction in annuity.
| ||
The reduction in retirement annuity imposed by this | ||
subsection shall not
apply in the case of retirement on account | ||
of disability.
| ||
(d) Notwithstanding any other provision of this Article, | ||
for a participant who first serves as a judge on or after the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly and who is retiring after attaining age 62, the | ||
retirement annuity shall be reduced by 1/2
of 1% for each month | ||
that the participant's age is under age 67 at the time the | ||
annuity commences. | ||
(Source: P.A. 96-207, eff. 8-10-09; revised 10-30-09.)
| ||
(40 ILCS 5/18-125.1) (from Ch. 108 1/2, par. 18-125.1)
| ||
Sec. 18-125.1. Automatic increase in retirement annuity. A | ||
participant who
retires from service after June 30, 1969, | ||
shall, in January of the year next
following the year in which | ||
the first anniversary of retirement occurs, and in
January of | ||
each year thereafter, have the amount of his or her originally
| ||
granted retirement annuity increased as follows: for each year | ||
up to and
including 1971, 1 1/2%; for each year from 1972 | ||
through 1979 inclusive, 2%; and
for 1980 and each year | ||
thereafter, 3%.
|
Notwithstanding any other provision of this Article, a | ||
retirement annuity for a participant who first serves as a | ||
judge on or after the effective date of this amendatory Act of | ||
the 96th General Assembly shall be increased in January of the | ||
year next
following the year in which the first anniversary of | ||
retirement occurs, and in
January of each year thereafter, by | ||
an amount equal to 3% or the annual change in the Consumer | ||
Price Index for All Urban Consumers, whichever is less, of the | ||
retirement annuity then being paid. | ||
This Section is not applicable to a participant who retires | ||
before he
or she has made contributions at the rate prescribed | ||
in Section 18-133 for
automatic increases for not less than the | ||
equivalent of one full year, unless
such a participant arranges | ||
to pay the system the amount required to bring
the total | ||
contributions for the automatic increase to the equivalent of
| ||
one year's contribution based upon his or her last year's | ||
salary.
| ||
This Section is applicable to all participants in service | ||
after June 30,
1969 unless a participant has elected, prior to | ||
September 1,
1969, in a written direction filed with the board | ||
not to be subject to
the provisions of this Section. Any | ||
participant in service on or after
July 1, 1992 shall have the | ||
option of electing prior to April 1, 1993,
in a written | ||
direction filed with the board, to be covered by the provisions | ||
of
the 1969 amendatory Act. Such participant shall be required | ||
to make the
aforesaid additional contributions with compound |
interest at 4% per annum.
| ||
Any participant who has become eligible to receive the | ||
maximum rate of
annuity and who resumes service as a judge | ||
after receiving a retirement
annuity under this Article shall | ||
have the amount of his or her
retirement annuity increased by | ||
3% of the originally granted annuity amount
for each year of | ||
such resumed service, beginning in January of the year
next | ||
following the date of such resumed service, upon subsequent
| ||
termination of such resumed service.
| ||
Beginning January 1, 1990, all automatic annual increases | ||
payable
under this Section shall be calculated as a percentage | ||
of the total annuity
payable at the time of the increase, | ||
including previous increases granted
under this Article.
| ||
(Source: P.A. 86-273; 87-1265.)
| ||
(40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)
| ||
Sec. 18-127. Retirement annuity - suspension on | ||
reemployment.
| ||
(a) A participant receiving a retirement annuity who is | ||
regularly
employed for compensation by an employer other than a | ||
county, in any
capacity, shall have his or her retirement | ||
annuity payments suspended
during such employment. Upon | ||
termination of such employment, retirement
annuity payments at | ||
the previous rate shall be resumed.
| ||
If such a participant resumes service as a judge, he or she
| ||
shall receive credit for any additional service. Upon |
subsequent
retirement, his or her retirement annuity shall be | ||
the amount previously
granted, plus the amount earned by the | ||
additional judicial service under
the provisions in effect | ||
during the period of such additional service.
However, if the | ||
participant was receiving the maximum rate of annuity at
the | ||
time of re-employment, he or she may elect, in a written | ||
direction
filed with the board, not to receive any additional | ||
service credit during
the period of re-employment. In such | ||
case, contributions shall not be
required during the period of | ||
re-employment. Any such election shall be
irrevocable.
| ||
(b) Beginning January 1, 1991, any participant receiving a | ||
retirement
annuity who accepts temporary employment from an | ||
employer other than a
county for a period not exceeding 75 | ||
working days in any calendar year
shall not be deemed to be | ||
regularly employed for compensation or to have
resumed service | ||
as a judge for the purposes of this Article. A day shall
be | ||
considered a working day if the annuitant performs on it any of | ||
his
duties under the temporary employment agreement.
| ||
(c) Except as provided in subsection (a), beginning January | ||
1, 1993,
retirement annuities shall not be subject to | ||
suspension upon resumption of
employment for an employer, and | ||
any retirement annuity that is then so
suspended shall be | ||
reinstated on that date.
| ||
(d) The changes made in this Section by this amendatory Act | ||
of 1993
shall apply to judges no longer in service on its | ||
effective date, as well as to
judges serving on or after that |
date.
| ||
(e) A participant receiving a retirement
annuity under this | ||
Article who serves as a part-time employee in any of the | ||
following positions: Legislative Inspector General, Special | ||
Legislative Inspector General, employee of the Office of the | ||
Legislative Inspector General, Executive Director of the | ||
Legislative Ethics Commission, or staff of the Legislative | ||
Ethics Commission, but has not elected to participate in the | ||
Article 14 System with respect to that service, shall not be | ||
deemed to be regularly employed for compensation by an employer | ||
other than a county, nor to have
resumed service as a judge, on | ||
the basis of that service, and the retirement annuity payments | ||
and other benefits of that person under this Code shall not be | ||
suspended, diminished, or otherwise impaired solely as a | ||
consequence of that service. This subsection (e) applies | ||
without regard to whether the person is in service as a judge | ||
under this Article on or after the effective date of this | ||
amendatory Act of the 93rd General Assembly. In this | ||
subsection, a "part-time employee" is a person who is not | ||
required to work at least 35 hours per week.
| ||
(f) A participant receiving a retirement annuity under this | ||
Article who has made an election under Section 1-123 and who is | ||
serving either as legal counsel in the Office of the Governor | ||
or as Chief Deputy Attorney General shall not be deemed to be | ||
regularly employed for compensation by an employer other than a | ||
county, nor to have resumed service as a judge, on the basis of |
that service, and the retirement annuity payments and other | ||
benefits of that person under this Code shall not be suspended, | ||
diminished, or otherwise impaired solely as a consequence of | ||
that service. This subsection (f) applies without regard to | ||
whether the person is in service as a judge under this Article | ||
on or after the effective date of this amendatory Act of the | ||
93rd General Assembly.
| ||
(g) Notwithstanding any other provision of this Article, if | ||
a person who first becomes a participant under this System on | ||
or after the effective date of this amendatory Act of the 96th | ||
General Assembly is receiving a retirement annuity under this | ||
Article and accepts employment in a position covered under this | ||
Article or any other Article of this Code on a full-time basis, | ||
then the person's retirement annuity under this System shall be | ||
suspended during that employment. Upon termination of that | ||
employment, the person's retirement annuity shall resume and, | ||
if appropriate, be recalculated under the applicable | ||
provisions of this Article. | ||
(Source: P.A. 93-685, eff. 7-8-04; 93-1069, eff. 1-15-05.)
| ||
(40 ILCS 5/18-128.01) (from Ch. 108 1/2, par. 18-128.01)
| ||
Sec. 18-128.01. Amount of survivor's annuity.
| ||
(a) Upon the death of
an annuitant, his or her surviving | ||
spouse shall be entitled to a survivor's
annuity of 66 2/3% of | ||
the annuity the annuitant was receiving immediately
prior to | ||
his or her death, inclusive of annual increases in the |
retirement
annuity to the date of death.
| ||
(b) Upon the death of an active participant, his or her | ||
surviving spouse
shall receive a survivor's annuity of 66 2/3% | ||
of the annuity earned by the
participant as of the date of his | ||
or her death, determined without regard
to whether the | ||
participant had attained age 60 as of that time, or 7 1/2%
of | ||
the last salary of the decedent, whichever is greater.
| ||
(c) Upon the death of a participant who had terminated | ||
service with at
least 10 years of service, his or her surviving | ||
spouse shall be entitled
to a survivor's annuity of 66 2/3% of | ||
the annuity earned by the deceased
participant at the date of | ||
death.
| ||
(d) Upon the death of an annuitant, active participant, or | ||
participant
who had terminated service with at least 10 years | ||
of service, each surviving
child under the age of 18 or | ||
disabled as defined in Section 18-128 shall
be entitled to a | ||
child's annuity in an amount equal to 5% of the decedent's
| ||
final salary, not to exceed in total for all such children the | ||
greater of
20% of the decedent's last salary or 66 2/3% of the | ||
annuity received or
earned by the decedent as provided under | ||
subsections (a) and (b) of this
Section. This child's annuity | ||
shall be paid whether or not a survivor's
annuity was elected | ||
under Section 18-123.
| ||
(e) The changes made in the survivor's annuity provisions | ||
by Public Act
82-306 shall apply to the survivors of a deceased | ||
participant or annuitant
whose death occurs on or after August |
21, 1981.
| ||
(f) Beginning January 1, 1990, every survivor's annuity | ||
shall be
increased
(1) on each January 1 occurring on or after | ||
the commencement of the annuity if
the deceased member died | ||
while receiving a retirement annuity, or (2) in other cases,
on | ||
each January 1 occurring on or after the first anniversary of
| ||
the commencement of the annuity, by an amount equal to 3% of | ||
the current
amount of the annuity, including any previous | ||
increases under this Article.
Such increases shall apply | ||
without regard to whether the deceased member
was in service on | ||
or after the effective date of this amendatory Act of
1991, but | ||
shall not accrue for any period prior to January 1, 1990.
| ||
(g) Notwithstanding any other provision of this Article, | ||
the initial survivor's annuity for a survivor of a participant | ||
who first serves as a judge after the effective date of this | ||
amendatory Act of the 96th General Assembly shall be in the | ||
amount of 66 2/3% of the annuity received or earned by the | ||
decedent, and shall be increased (1) on each January 1 | ||
occurring on or after the commencement of the annuity if
the | ||
deceased participant died while receiving a retirement | ||
annuity, or (2) in other cases,
on each January 1 occurring on | ||
or after the first anniversary of
the commencement of the | ||
annuity, by an amount equal to 3% or the annual change in the | ||
Consumer Price Index for All Urban Consumers, whichever is | ||
less, of the survivor's annuity then being paid. | ||
(Source: P.A. 86-273; 86-1488.)
|
Section 90. The State Mandates Act is amended by adding | ||
Section 8.34 as follows: | ||
(30 ILCS 805/8.34 new) | ||
Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this Act, no reimbursement by the State is required for the | ||
implementation of any mandate created by this amendatory Act of | ||
the 96th General Assembly. | ||
Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes. | ||
Section 99. Effective date. This Section and the changes to | ||
Section 17-129 of the Illinois Pension Code take effect upon | ||
becoming law. |