State of Illinois
91st General Assembly
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Public Act 91-0017

SB55 Enrolled                                  LRB9100709EGfg

    AN ACT to amend the Illinois  Pension  Code  by  changing
Sections  16-129.1,  16-133, 16-133.2, 17-116.1, and 17-119.1
and to amend the State Mandates Act.

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

    Section  5.   The  Illinois  Pension  Code  is amended by
changing Sections 16-129.1, 16-133, 16-133.2,  17-116.1,  and
17-119.1 as follows:

    (40 ILCS 5/16-129.1)
    Sec. 16-129.1.  Optional increase in retirement annuity.
    (a)  A member of the System may qualify for the augmented
rate  under  subdivision  (a)(B)(1) of Section 16-133 for all
years of creditable service earned before  July  1,  1998  by
making the optional contribution specified in subsection (b).
A  member may not elect to qualify for the augmented rate for
only a portion of his or her creditable service earned before
July 1, 1998.
    (b)  The contribution shall be an amount equal to 1.0% of
the member's highest salary rate in the 4 consecutive  school
years  immediately prior to but not including the school year
in which the application occurs, multiplied by the number  of
years  of creditable service earned by the member before July
1, 1998 or 20, whichever is less.  This contribution shall be
reduced by 1.0% of that salary rate for every 3 full years of
creditable service earned by the member after June 30,  1998.
The  contribution shall be further reduced at the rate of 25%
of the contribution (as reduced for service  after  June  30,
1998)  for each year of the member's total creditable service
in excess of 34 years.  The contribution  shall  not  in  any
event exceed 20% of that salary rate.
    The  member  shall  pay  to  the System the amount of the
contribution as calculated at the time of  application  under
this  Section.   The  amount  of  the contribution determined
under this subsection shall be recalculated at  the  time  of
retirement, and if the System determines that the amount paid
by  the  member  exceeds  the recalculated amount, the System
shall refund  the  difference  to  the  member  with  regular
interest from the date of payment to the date of refund.
    The  contribution  required  by  this subsection shall be
paid in one of the following ways or in a combination of  the
following ways that does not extend over more than 5 years:
         (i)  in  a  lump  sum  on  or  before  the  date  of
    retirement;
         (ii)  in  substantially  equal  installments  over a
    period of time not to exceed 5 years, as a deduction from
    salary in  accordance  with  subsection  (b)  of  Section
    16-154;
         (iii)  if  the  member  becomes  an annuitant before
    June   30,   2003,   in   substantially   equal   monthly
    installments over a  24-month  period,  by  reducing  the
    annuitant's monthly benefit over a 24-month period by the
    amount  of  the  otherwise  applicable contribution.  For
    federal and Illinois tax purposes, the monthly amount  by
    which  the  annuitant's  benefit  is reduced shall not be
    treated as a contribution by the annuitant, but rather as
    a reduction of the annuitant's monthly benefit.
    (c)  If the member fails to make  the  full  contribution
under  this  Section  in  a timely fashion, the payments made
under this Section shall be refunded to the  member,  without
interest.    If  the  member  dies  before  making  the  full
contribution, the payments made under this Section,  together
with  regular  interest  thereon,  shall  be  refunded to the
member's designated beneficiary for  benefits  under  Section
16-138.
    (d)  For   purposes   of  this  Section  and  subdivision
(a)(B)(1) of  Section  16-133,  optional  creditable  service
established  by  a member shall be deemed to have been earned
at the time of the employment or other qualifying event  upon
which  the  service  is  based,  rather  than at the time the
credit was established in this System.
    (e)  The contributions required under  this  Section  are
the  responsibility  of  the  teacher  and  not the teacher's
employer.  However, an employer of teachers  may,  after  the
effective  date  of this amendatory Act of 1998, specifically
agree, through collective bargaining or  otherwise,  to  make
the contributions required by this Section on behalf of those
teachers.
(Source: P.A. 90-582, eff. 5-27-98.)

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

    (40 ILCS 5/16-133.2) (from Ch. 108 1/2, par. 16-133.2)
    Sec. 16-133.2.  Early  retirement  without  discount.   A
member  retiring after June 1, 1980 and on or before June 30,
2005 2000, and applying for a  retirement  annuity  within  6
months  of  the  last  day  of  teaching for which retirement
contributions  were  required,  may  elect  at  the  time  of
application for a retirement annuity,  to  make  a  one  time
member  contribution  to  the  System  and  thereby avoid the
reduction in the retirement annuity for retirement before age
60  specified  in  paragraph  (B)  of  Section  16-133.   The
exercise  of  the  election  shall  also  obligate  the  last
employer to make a one time  non-refundable  contribution  to
the  System.   Substitute  teachers  wishing to exercise this
election must teach 85 or more days in one school  term  with
one  employer,  who  shall  be  deemed  the last employer for
purposes of this Section.  The last day of teaching with that
employer must be within 6 months of the date  of  application
for  retirement.   All  substitute  teaching  credit  applied
toward  the  required  85  days must be earned after June 30,
1990.
    The one time member and employer contributions shall be a
percentage of the retiring  member's  highest  annual  salary
rate  used  in  the  determination  of the average salary for
retirement annuity purposes.  However, when  determining  the
one-time  member  and  employer contributions, that part of a
member's salary with the  same  employer  which  exceeds  the
annual  salary  rate  for the preceding year by more than 20%
shall be excluded.  The member contribution shall be  at  the
rate  of  7%  for the lesser of the following 2 periods:  (1)
for each year that the member is less than age 60; or (2) for
each year that the member's creditable service is  less  than
35 years.  If a member is at least age 55 and has at least 34
years   of   creditable   service,   no  member  or  employer
contribution  for  the  early  retirement  option  shall   be
required.   The employer contribution shall be at the rate of
20% for each year the member is under age 60.
    Upon receipt of the application and election, the  System
shall   determine   the   one   time  employee  and  employer
contributions required.  The  member  contribution  shall  be
credited  to  the  individual  account  of the member and the
employer contribution shall be  credited  to  the  Employer's
Contribution  Reserve.   The provisions of this Section shall
not be applicable until the member's  contribution,  if  any,
has  all  the above outlined contributions have been received
by the System;  however,  the  date  such  contributions  are
received shall not be considered in determining the effective
date of retirement.
    The  number  of members working for a single employer who
may retire under this Section in any year may be  limited  at
the option of the employer to a specified percentage of those
eligible, not less than 30%, with the right to participate to
be  allocated  among those applying on the basis of seniority
in the service of the employer.
(Source: P.A. 89-10, eff. 3-31-95; 90-582, eff. 5-27-98.)

    (40 ILCS 5/17-116.1) (from Ch. 108 1/2, par. 17-116.1)
    Sec. 17-116.1.  Early retirement without discount.
    (a)  A member retiring after June 1, 1980 and before June
30, 1995 and within 6 months of the last day of teaching  for
which  retirement  contributions  were required, may elect at
the  time  of  application  to  make  a  one  time   employee
contribution  to  the  system  and  thereby  avoid  the early
retirement reduction in allowance specified in paragraph  (4)
of  Section  17-116  of  this  Article.   The exercise of the
election shall obligate the last Employer to also make a  one
time non-refundable contribution to the Fund.
    (b)  Subject to authorization by the Employer as provided
in  subsection  (c),  a  member retiring on or after June 30,
1995 and on or before June 30, 2005 2000 and within 6  months
of   the   last   day   of   teaching  for  which  retirement
contributions  were  required  may  elect  at  the  time   of
application  to  make a one-time employee contribution to the
Fund and thereby avoid  the  early  retirement  reduction  in
allowance  specified in paragraph (4) of Section 17-116.  The
exercise of the election shall obligate the last Employer  to
also make a one-time nonrefundable contribution to the Fund.
    (c)  The   benefits   provided   in  subsection  (b)  are
available only to members  who  retire,  during  a  specified
period, from employment with an Employer that has adopted and
filed with the Board a resolution expressly providing for the
creation  of  an  early  retirement  without discount program
under this Section for that period.
    The Employer has the full  discretion  and  authority  to
determine   whether  an  early  retirement  without  discount
program is in its best interest and to provide such a program
to its eligible employees in accordance  with  this  Section.
The  Employer  may decide to authorize such a program for one
or more of the following periods:  for the  period  beginning
July  1,  1997  and  ending  June 30, 1998, in which case the
resolution must be adopted by January 1, 1998; for the period
beginning July 1, 1998 and ending June  30,  1999,  in  which
case  the  resolution  must be adopted by March 31, 1998; and
for the period beginning July 1, 1999  and  ending  June  30,
2000,  in  which case the resolution must be adopted by March
31, 1999; for the period beginning July 1,  2000  and  ending
June  30,  2001, in which case the resolution must be adopted
by March 31, 2000; for the period beginning July 1, 2001  and
ending  June  30,  2002, in which case the resolution must be
adopted by March 31, 2001; for the period beginning  July  1,
2002  and  ending June 30, 2003, in which case the resolution
must be adopted by March 31, 2002; for the  period  beginning
July  1,  2003  and  ending  June 30, 2004, in which case the
resolution must be adopted by March 31,  2003;  and  for  the
period  beginning  July  1, 2004 and ending June 30, 2005, in
which case the resolution must be adopted by March 31,  2004.
The  resolution  must  be filed with the Board within 10 days
after it is adopted.  A single resolution  may  authorize  an
early retirement without discount program as provided in this
Section for more than one period.
    Notwithstanding  Section  17-157, the Employer shall also
have full discretion and authority to  determine  whether  to
allow  its  employees  who  withdrew from service on or after
June 30, 1995 and before June 27, 1997 to participate  in  an
early  retirement  without  discount program under subsection
(b).  An early retirement without discount program for  those
who  withdrew  from  service  on  or  after June 30, 1995 and
before June 27, 1997 may be authorized only by  a  resolution
of  the Employer that is adopted by January 1, 1998 and filed
with the Board within 10 days after its adoption.  If such  a
resolution  is  duly  adopted  and  filed,  a  person who (i)
withdrew from service with the Employer on or after June  30,
1995  and  before  June  27,  1997,  (ii) qualifies for early
retirement  without  discount  under  subsection  (b),  (iii)
applies to the Fund within  90  days  after  the  authorizing
resolution  is  adopted,  and (iv) pays the required employee
contribution  shall  have  his  or  her  retirement   pension
recalculated   in   accordance   with  subsection  (b).   The
resulting increase shall be effective  retroactively  to  the
starting date of the retirement pension.
    (d)  The one-time employee contribution shall be equal to
7%  of  the retiring member's highest full-time annual salary
rate used in the determination of the average salary rate for
retirement pension, or if not full-time  then  the  full-time
equivalent, multiplied by (1) the number of years the teacher
is  under  age  60, or (2) the number of years the employee's
creditable service is less than 34  35  years,  whichever  is
less.
    The  Employer  contribution  shall  be 20% of such salary
multiplied by such number of years.
    (e)  Upon receipt of the application  and  election,  the
Board  shall  determine  the  one  time employee and Employer
contributions.  The provisions of this Section shall  not  be
applicable  until  the employee contribution, if any, has all
the above outlined contributions have been  received  by  the
Fund;   however,   the   date   that   contribution  is  such
contributions  are  received  shall  not  be  considered   in
determining the effective date of retirement.
    (f)  The  number  of  employees who may retire under this
Section in any year may be  limited  at  the  option  of  the
Employer  to  a  specified  percentage of those eligible, not
lower than 30%, with the right to participate to be allocated
among those applying on the basis of seniority in the service
of the Employer.
(Source: P.A. 90-32,  eff.  6-27-97;  90-448,  eff.  8-16-97;
90-566, eff. 1-2-98.)

    (40 ILCS 5/17-119.1)
    Sec. 17-119.1.  Optional increase in retirement annuity.
    (a)  A  member  of the Fund may qualify for the augmented
rate under subdivision (b)(3) of Section 17-116 for all years
of creditable service earned before July 1,  1998  by  making
the  optional  contribution  specified  in subsection (b).  A
member may not elect to qualify for the  augmented  rate  for
only a portion of his or her creditable service earned before
July 1, 1998.
    (b)  The contribution shall be an amount equal to 1.0% of
the  member's highest salary rate in the 4 consecutive school
years immediately prior to but not including the school  year
in  which the application occurs, multiplied by the number of
years of creditable service earned by the member before  July
1, 1998 or 20, whichever is less.  This contribution shall be
reduced by 1.0% of that salary rate for every 3 full years of
creditable  service earned by the member after June 30, 1998.
The contribution shall be further reduced at the rate of  25%
of  the  contribution  (as reduced for service after June 30,
1998) for each year of the member's total creditable  service
in  excess  of  34  years.  The contribution shall not in any
event exceed 20% of that salary rate.
    The member shall pay  to  the  Fund  the  amount  of  the
contribution  as  calculated at the time of application under
this Section.  The  amount  of  the  contribution  determined
under  this  subsection  shall be recalculated at the time of
retirement, and if the Fund determines that the  amount  paid
by the member exceeds the recalculated amount, the Fund shall
refund  the  difference  to  the member with regular interest
from the date of payment to the date of refund.
    The contribution required by  this  subsection  shall  be
paid  in one of the following ways or in a combination of the
following ways that does not extend over more than 5 years:
         (i)  in  a  lump  sum  on  or  before  the  date  of
    retirement;
         (ii)  in substantially  equal  installments  over  a
    period of time not to exceed 5 years, as a deduction from
    salary in accordance with Section 17-130.2;
         (iii)  if  the  member  becomes  an annuitant before
    June   30,   2003,   in   substantially   equal   monthly
    installments over a 24-month period, by a deduction  from
    the annuitant's monthly benefit.
    (c)  If  the  member  fails to make the full contribution
under this Section in a timely  fashion,  the  payments  made
under  this  Section shall be refunded to the member, without
interest.   If  the  member  dies  before  making  the   full
contribution,  the  payments made under this Section shall be
refunded to the member's designated beneficiary.
    (d)  For purposes of this Section and subsection  (b)  of
Section  17-116, optional creditable service established by a
member shall be deemed to have been earned at the time of the
employment or other qualifying event upon which  the  service
is  based, rather than at the time the credit was established
in this Fund.
    (e)  The contributions required under  this  Section  are
the  responsibility  of  the  teacher  and  not the teacher's
employer.  However, an employer of teachers  may,  after  the
effective  date  of this amendatory Act of 1998, specifically
agree, through collective bargaining or  otherwise,  to  make
the contributions required by this Section on behalf of those
teachers.
(Source: P.A. 90-582, eff. 5-27-98.)

    Section  90.  The State Mandates Act is amended by adding
Section 8.23 as follows:

    (30 ILCS 805/8.23 new)
    Sec. 8.23. 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 91st General Assembly.
    Section 99. Effective date.  This Act takes  effect  upon
becoming law.

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