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91_SB1047ham001
LRB9105902EGfgam03
1 AMENDMENT TO SENATE BILL 1047
2 AMENDMENT NO. . Amend Senate Bill 1047 by replacing
3 the title with the following:
4 "AN ACT in relation to public employee benefits."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Pension Code is amended by
8 changing Sections 14-103.05, 14-106, 14-107, 14-108, 14-110,
9 14-114, 14-133, 16-132, 16-133, and 16-133.1 as follows:
10 (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
11 Sec. 14-103.05. Employee.
12 (a) Any person employed by a Department who receives
13 salary for personal services rendered to the Department on a
14 warrant issued pursuant to a payroll voucher certified by a
15 Department and drawn by the State Comptroller upon the State
16 Treasurer, including an elected official described in
17 subparagraph (d) of Section 14-104, shall become an employee
18 for purpose of membership in the Retirement System on the
19 first day of such employment.
20 A person entering service on or after January 1, 1972 and
21 prior to January 1, 1984 shall become a member as a condition
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1 of employment and shall begin making contributions as of the
2 first day of employment.
3 A person entering service on or after January 1, 1984
4 shall, upon completion of 6 months of continuous service
5 which is not interrupted by a break of more than 2 months,
6 become a member as a condition of employment. Contributions
7 shall begin the first of the month after completion of the
8 qualifying period.
9 The qualifying period of 6 months of service is not
10 applicable to: (1) a person who has been granted credit for
11 service in a position covered by the State Universities
12 Retirement System, the Teachers' Retirement System of the
13 State of Illinois, the General Assembly Retirement System, or
14 the Judges Retirement System of Illinois unless that service
15 has been forfeited under the laws of those systems; (2) a
16 person entering service on or after July 1, 1991 in a
17 noncovered position; or (3) a person to whom Section
18 14-108.2a or 14-108.2b applies.
19 (b) The term "employee" does not include the following:
20 (1) members of the State Legislature, and persons
21 electing to become members of the General Assembly
22 Retirement System pursuant to Section 2-105;
23 (2) incumbents of offices normally filled by vote
24 of the people;
25 (3) except as otherwise provided in this Section,
26 any person appointed by the Governor with the advice and
27 consent of the Senate unless that person elects to
28 participate in this system;
29 (4) except as provided in Section 14-108.2, any
30 person who is covered or eligible to be covered by the
31 Teachers' Retirement System of the State of Illinois, the
32 State Universities Retirement System, or the Judges
33 Retirement System of Illinois;
34 (5) an employee of a municipality or any other
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1 political subdivision of the State;
2 (6) any person who becomes an employee after June
3 30, 1979 as a public service employment program
4 participant under the Federal Comprehensive Employment
5 and Training Act and whose wages or fringe benefits are
6 paid in whole or in part by funds provided under such
7 Act;
8 (7) enrollees of the Illinois Young Adult
9 Conservation Corps program, administered by the
10 Department of Natural Resources, authorized grantee
11 pursuant to Title VIII of the "Comprehensive Employment
12 and Training Act of 1973", 29 USC 993, as now or
13 hereafter amended;
14 (8) enrollees and temporary staff of programs
15 administered by the Department of Natural Resources under
16 the Youth Conservation Corps Act of 1970;
17 (9) any person who is a member of any professional
18 licensing or disciplinary board created under an Act
19 administered by the Department of Professional Regulation
20 or a successor agency or created or re-created after the
21 effective date of this amendatory Act of 1997, and who
22 receives per diem compensation rather than a salary,
23 notwithstanding that such per diem compensation is paid
24 by warrant issued pursuant to a payroll voucher; such
25 persons have never been included in the membership of
26 this System, and this amendatory Act of 1987 (P.A.
27 84-1472) is not intended to effect any change in the
28 status of such persons;
29 (10) any person who is a member of the Illinois
30 Health Care Cost Containment Council, and receives per
31 diem compensation rather than a salary, notwithstanding
32 that such per diem compensation is paid by warrant issued
33 pursuant to a payroll voucher; such persons have never
34 been included in the membership of this System, and this
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1 amendatory Act of 1987 is not intended to effect any
2 change in the status of such persons; or
3 (11) any person who is a member of the Oil and Gas
4 Board created by Section 1.2 of the Illinois Oil and Gas
5 Act, and receives per diem compensation rather than a
6 salary, notwithstanding that such per diem compensation
7 is paid by warrant issued pursuant to a payroll voucher.
8 (c) An individual who is employed on a full-time basis
9 as an officer or employee of a statewide labor organization
10 that represents members of this System may participate in the
11 System and shall be deemed an employee, provided that (1) the
12 individual has previously earned creditable service under
13 this Article, (2) the individual files with the System an
14 irrevocable election to become a participant, and (3) the
15 individual does not receive credit for that employment under
16 any other public or private pension plan or retirement system
17 (other than social security). An employee under this
18 subsection (c) is responsible for paying to the System both
19 (i) employee contributions based on compensation as defined
20 in this subsection and (ii) employer contributions based on
21 that compensation and the percentage of payroll certified by
22 the board; all or any part of these contributions may be paid
23 on the employee's behalf or picked up for tax purposes (if
24 authorized under federal law) by the labor organization.
25 While participating in the System under this subsection
26 (c), the participant's rate of compensation, for all purposes
27 of this Article and the Retirement Systems Reciprocal Act,
28 shall be deemed to be the rate of compensation that the
29 participant would have received if he or she had continued in
30 the position that he or she held on the last day as an
31 employee in this System prior to beginning participation
32 under this subsection (c), including all scheduled
33 satisfactory performance increases and other salary increases
34 applicable from time to time to persons in that position (or,
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1 if that position is eliminated, applicable to persons in
2 similar positions under the same pay plan or its successor).
3 The rate of compensation for a participant under this
4 subsection (c) shall be determined by the Board, in its sole
5 discretion.
6 A person who is an employee as defined in this subsection
7 may establish service credit for similar employment prior to
8 becoming an employee under this subsection by paying to the
9 System for that employment the contributions specified in
10 this subsection, plus interest at the effective rate from the
11 date of service to the date of payment. However, credit
12 shall not be granted under this subsection for any such prior
13 employment for which the applicant received credit under any
14 other public or private pension plan or retirement system
15 (other than social security).
16 (Source: P.A. 89-246; eff. 8-4-95; 89-445, eff. 2-7-96;
17 90-448, eff. 8-16-97.)
18 (40 ILCS 5/14-106) (from Ch. 108 1/2, par. 14-106)
19 Sec. 14-106. Membership service credit.
20 (a) After January 1, 1944, all service of a member since
21 he last became a member with respect to which contributions
22 are made shall count as membership service; provided, that
23 for service on and after July 1, 1950, 12 months of service
24 shall constitute a year of membership service, the completion
25 of 15 days or more of service during any month shall
26 constitute 1 month of membership service, 8 to 15 days shall
27 constitute 1/2 month of membership service and less than 8
28 days shall constitute 1/4 month of membership service. The
29 payroll record of each department shall constitute conclusive
30 evidence of the record of service rendered by a member.
31 (b) For a member who is employed and paid on an
32 academic-year basis rather than on a 12-month annual basis,
33 employment for a full academic year shall constitute a full
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1 year of membership service, except that the member shall not
2 receive more than one year of membership service credit (plus
3 any additional service credit granted for unused sick leave)
4 for service during any 12-month period. This subsection (b)
5 applies to all such service for which the member has not
6 begun to receive a retirement annuity before the effective
7 date of this amendatory Act of the 91st General Assembly.
8 (c) A member shall be entitled to additional service
9 credit, under rules prescribed by the Board, for accumulated
10 unused sick leave credited to his account in the last
11 Department on the date of withdrawal from service or for any
12 period for which he would have been eligible to receive
13 benefits under a sick pay plan authorized by law, if he had
14 suffered a sickness or accident on the date of withdrawal
15 from service. It shall be the responsibility of the last
16 Department to certify to the Board the length of time salary
17 or benefits would have been paid to the member based upon the
18 accumulated unused sick leave or the applicable sick pay plan
19 if he had become entitled thereto because of sickness on the
20 date that his status as an employee terminated. This period
21 of service credit granted under this paragraph shall not be
22 considered in determining the date the retirement annuity is
23 to begin, or final average compensation.
24 (Source: P.A. 87-1265.)
25 (40 ILCS 5/14-107) (from Ch. 108 1/2, par. 14-107)
26 Sec. 14-107. Retirement annuity - service and age -
27 conditions. A member is entitled to a retirement annuity
28 after having at least 8 years of creditable service.
29 A member who has at least 35 years of creditable service
30 may claim his or her retirement annuity at any age. A member
31 having at least 8 years of creditable service but less than
32 35 may claim his or her retirement annuity upon or after
33 attainment of age 60 or, beginning January 1, 2001, any
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1 lesser age which, when added to the number of years of his or
2 her creditable service, equals at least 85. A member upon or
3 after attainment of age 55 having at least 25 years 30 years
4 of creditable service (30 years if retirement is before
5 January 1, 2001) may elect to receive the lower retirement
6 annuity provided in paragraph (c) of Section 14-108 of this
7 Code. For purposes of the rule of 85, portions of years
8 shall be counted in whole months.
9 The allowance shall begin with the first full calendar
10 month specified in the member's application therefor, the
11 first day of which shall not be before the date of withdrawal
12 as approved by the board. Regardless of the date of
13 withdrawal, the allowance need not begin within one year of
14 application therefor.
15 (Source: P.A. 82-342.)
16 (40 ILCS 5/14-108) (from Ch. 108 1/2, par. 14-108)
17 Sec. 14-108. Amount of retirement annuity. A member who
18 has contributed to the System for at least 12 months shall be
19 entitled to a prior service annuity for each year of
20 certified prior service credited to him, except that a member
21 shall receive 1/3 of the prior service annuity for each year
22 of service for which contributions have been made and all of
23 such annuity shall be payable after the member has made
24 contributions for a period of 3 years. Proportionate amounts
25 shall be payable for service of less than a full year after
26 completion of at least 12 months.
27 The total period of service to be considered in
28 establishing the measure of prior service annuity shall
29 include service credited in the Teachers' Retirement System
30 of the State of Illinois and the State Universities
31 Retirement System for which contributions have been made by
32 the member to such systems; provided that at least 1 year of
33 the total period of 3 years prescribed for the allowance of a
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1 full measure of prior service annuity shall consist of
2 membership service in this system for which credit has been
3 granted.
4 (a) In the case of a member who retires on or after
5 January 1, 1998 and is a noncovered employee, the retirement
6 annuity for membership service and prior service shall be
7 2.2% of final average compensation for each year of service.
8 Any service credit established as a covered employee shall be
9 computed as stated in paragraph (b).
10 (b) In the case of a member who retires on or after
11 January 1, 1998 and is a covered employee, the retirement
12 annuity for membership service and prior service shall be
13 computed as stated in paragraph (a) for all service credit
14 established as a noncovered employee; for service credit
15 established as a covered employee it shall be 1.67% of final
16 average compensation for each year of service.
17 (c) For a member with 30 but less than 35 years of
18 creditable service retiring after attaining age 55 but before
19 age 60 with at least 30 but less than 35 years of creditable
20 service if retirement is before January 1, 2001, or with at
21 least 25 but less than 30 years of creditable service if
22 retirement is on or after January 1, 2001, the retirement
23 annuity shall be reduced by 1/2 of 1% for each month that the
24 member's age is under age 60 at the time of retirement.
25 (d) A retirement annuity shall not exceed 75% of final
26 average compensation, subject to such extension as may result
27 from the application of Section 14-114 or Section 14-115.
28 (e) The retirement annuity payable to any covered
29 employee who is a member of the System and in service on
30 January 1, 1969, or in service thereafter in 1969 as a result
31 of legislation enacted by the Illinois General Assembly
32 transferring the member to State employment from county
33 employment in a county Department of Public Aid in counties
34 of 3,000,000 or more population, under a plan of coordination
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1 with the Old Age, Survivors and Disability provisions
2 thereof, if not fully insured for Old Age Insurance payments
3 under the Federal Old Age, Survivors and Disability Insurance
4 provisions at the date of acceptance of a retirement annuity,
5 shall not be less than the amount for which the member would
6 have been eligible if coordination were not applicable.
7 (f) The retirement annuity payable to any covered
8 employee who is a member of the System and in service on
9 January 1, 1969, or in service thereafter in 1969 as a result
10 of the legislation designated in the immediately preceding
11 paragraph, if fully insured for Old Age Insurance payments
12 under the Federal Social Security Act at the date of
13 acceptance of a retirement annuity, shall not be less than an
14 amount which when added to the Primary Insurance Benefit
15 payable to the member upon attainment of age 65 under such
16 Federal Act, will equal the annuity which would otherwise be
17 payable if the coordinated plan of coverage were not
18 applicable.
19 (g) In the case of a member who is a noncovered
20 employee, the retirement annuity for membership service as a
21 security employee of the Department of Corrections or
22 security employee of the Department of Human Services shall
23 be: if retirement occurs on or after January 1, 2001, 3% of
24 final average compensation for each year of creditable
25 service; or if retirement occurs before January 1, 2001, 1.9%
26 of final average compensation for each of the first 10 years
27 of service,; 2.1% for each of the next 10 years of service,;
28 2.25% for each year of service in excess of 20 but not
29 exceeding 30,; and 2.5% for each year in excess of 30; except
30 that the annuity may be calculated under subsection (a)
31 rather than this subsection (g) if the resulting annuity is
32 greater.
33 (h) In the case of a member who is a covered employee,
34 the retirement annuity for membership service as a security
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1 employee of the Department of Corrections or security
2 employee of the Department of Human Services shall be: if
3 retirement occurs on or after January 1, 2001, 2.5% of final
4 average compensation for each year of creditable service; if
5 retirement occurs before January 1, 2001, 1.67% of final
6 average compensation for each of the first 10 years of
7 service,; 1.90% for each of the next 10 years of service,;
8 2.10% for each year of service in excess of 20 but not
9 exceeding 30,; and 2.30% for each year in excess of 30.
10 (i) For the purposes of this Section and Section 14-133
11 of this Act, the term "security employee of the Department of
12 Corrections" and the term "security employee of the
13 Department of Human Services" shall have the meanings
14 ascribed to them in subsection (c) of Section 14-110.
15 (j) The retirement annuity computed pursuant to
16 paragraphs (g) or (h) shall be applicable only to those
17 security employees of the Department of Corrections and
18 security employees of the Department of Human Services who
19 have at least 20 years of membership service and who are not
20 eligible for the alternative retirement annuity provided
21 under Section 14-110. However, persons transferring to this
22 System under Section 14-108.2 who have service credit under
23 Article 16 of this Code may count such service toward
24 establishing their eligibility under the 20-year service
25 requirement of this subsection; but such service may be used
26 only for establishing such eligibility, and not for the
27 purpose of increasing or calculating any benefit.
28 (k) (Blank).
29 (l) The changes to this Section made by this amendatory
30 Act of 1997 (changing certain retirement annuity formulas
31 from a stepped rate to a flat rate) apply to members who
32 retire on or after January 1, 1998, without regard to whether
33 employment terminated before the effective date of this
34 amendatory Act of 1997. An annuity shall not be calculated
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1 in steps by using the new flat rate for some steps and the
2 superseded stepped rate for other steps of the same type of
3 service.
4 (Source: P.A. 89-507, eff. 7-1-97; 90-65, eff. 7-7-97;
5 90-448, eff. 8-16-97; 90-655, eff. 7-30-98.)
6 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
7 Sec. 14-110. Alternative retirement annuity.
8 (a) Any member who has withdrawn from service with not
9 less than 20 years of eligible creditable service and has
10 attained age 55, and any member who has withdrawn from
11 service with not less than 25 years of eligible creditable
12 service and has attained age 50, regardless of whether the
13 attainment of either of the specified ages occurs while the
14 member is still in service, shall be entitled to receive at
15 the option of the member, in lieu of the regular or minimum
16 retirement annuity, a retirement annuity computed as
17 follows:
18 (i) for periods of service as a noncovered
19 employee: if retirement occurs on or after January 1,
20 2001, 3% of final average compensation for each year of
21 creditable service; if retirement occurs before January
22 1, 2001, 2 1/4% of final average compensation for each of
23 the first 10 years of creditable service, 2 1/2% for each
24 year above 10 years to and including 20 years of
25 creditable service, and 2 3/4% for each year of
26 creditable service above 20 years; and
27 (ii) for periods of eligible creditable service as
28 a covered employee: if retirement occurs on or after
29 January 1, 2001, 2.5% of final average compensation for
30 each year of creditable service; if retirement occurs
31 before January 1, 2001, 1.67% of final average
32 compensation for each of the first 10 years of such
33 service, 1.90% for each of the next 10 years of such
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1 service, 2.10% for each year of such service in excess of
2 20 but not exceeding 30, and 2.30% for each year in
3 excess of 30.
4 Such annuity shall be subject to a maximum of 75% of
5 final average compensation if retirement occurs before
6 January 1, 2001 or to a maximum of 80% of final average
7 compensation if retirement occurs on or after January 1,
8 2001.
9 These rates shall not be applicable to any service
10 performed by a member as a covered employee which is not
11 eligible creditable service. Service as a covered employee
12 which is not eligible creditable service shall be subject to
13 the rates and provisions of Section 14-108.
14 (b) For the purpose of this Section, "eligible
15 creditable service" means creditable service resulting from
16 service in one or more of the following positions:
17 (1) State policeman;
18 (2) fire fighter in the fire protection service of
19 a department;
20 (3) air pilot;
21 (4) special agent;
22 (5) investigator for the Secretary of State;
23 (6) conservation police officer;
24 (7) investigator for the Department of Revenue;
25 (8) security employee of the Department of Human
26 Services;
27 (9) Central Management Services security police
28 officer;
29 (10) security employee of the Department of
30 Corrections;
31 (11) dangerous drugs investigator;
32 (12) investigator for the Department of State
33 Police;
34 (13) investigator for the Office of the Attorney
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1 General;
2 (14) controlled substance inspector;
3 (15) investigator for the Office of the State's
4 Attorneys Appellate Prosecutor;
5 (16) Commerce Commission police officer;
6 (17) arson investigator.
7 A person employed in one of the positions specified in
8 this subsection is entitled to eligible creditable service
9 for service credit earned under this Article while undergoing
10 the basic police training course approved by the Illinois Law
11 Enforcement Training Standards Board, if completion of that
12 training is required of persons serving in that position.
13 For the purposes of this Code, service during the required
14 basic police training course shall be deemed performance of
15 the duties of the specified position, even though the person
16 is not a sworn peace officer at the time of the training.
17 (c) For the purposes of this Section:
18 (1) The term "state policeman" includes any title
19 or position in the Department of State Police that is
20 held by an individual employed under the State Police
21 Act.
22 (2) The term "fire fighter in the fire protection
23 service of a department" includes all officers in such
24 fire protection service including fire chiefs and
25 assistant fire chiefs.
26 (3) The term "air pilot" includes any employee
27 whose official job description on file in the Department
28 of Central Management Services, or in the department by
29 which he is employed if that department is not covered by
30 the Personnel Code, states that his principal duty is the
31 operation of aircraft, and who possesses a pilot's
32 license; however, the change in this definition made by
33 this amendatory Act of 1983 shall not operate to exclude
34 any noncovered employee who was an "air pilot" for the
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1 purposes of this Section on January 1, 1984.
2 (4) The term "special agent" means any person who
3 by reason of employment by the Division of Narcotic
4 Control, the Bureau of Investigation or, after July 1,
5 1977, the Division of Criminal Investigation, the
6 Division of Internal Investigation, the Division of
7 Operations, or any other Division or organizational
8 entity in the Department of State Police is vested by law
9 with duties to maintain public order, investigate
10 violations of the criminal law of this State, enforce the
11 laws of this State, make arrests and recover property.
12 The term "special agent" includes any title or position
13 in the Department of State Police that is held by an
14 individual employed under the State Police Act.
15 (5) The term "investigator for the Secretary of
16 State" means any person employed by the Office of the
17 Secretary of State and vested with such investigative
18 duties as render him ineligible for coverage under the
19 Social Security Act by reason of Sections 218(d)(5)(A),
20 218(d)(8)(D) and 218(l)(1) of that Act.
21 A person who became employed as an investigator for
22 the Secretary of State between January 1, 1967 and
23 December 31, 1975, and who has served as such until
24 attainment of age 60, either continuously or with a
25 single break in service of not more than 3 years
26 duration, which break terminated before January 1, 1976,
27 shall be entitled to have his retirement annuity
28 calculated in accordance with subsection (a),
29 notwithstanding that he has less than 20 years of credit
30 for such service.
31 (6) The term "Conservation Police Officer" means
32 any person employed by the Division of Law Enforcement of
33 the Department of Natural Resources and vested with such
34 law enforcement duties as render him ineligible for
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1 coverage under the Social Security Act by reason of
2 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
3 that Act. The term "Conservation Police Officer"
4 includes the positions of Chief Conservation Police
5 Administrator and Assistant Conservation Police
6 Administrator.
7 (7) The term "investigator for the Department of
8 Revenue" means any person employed by the Department of
9 Revenue and vested with such investigative duties as
10 render him ineligible for coverage under the Social
11 Security Act by reason of Sections 218(d)(5)(A),
12 218(d)(8)(D) and 218(l)(1) of that Act.
13 (8) The term "security employee of the Department
14 of Human Services" means any person employed by the
15 Department of Human Services who (i) is employed at the
16 Chester Mental Health Center and has daily contact with
17 the residents thereof, (ii) is employed within a security
18 unit at a facility operated by the Department and has
19 daily contact with the residents of the security unit,
20 (iii) is employed at a facility operated by the
21 Department that includes a security unit and is regularly
22 scheduled to work at least 50% of his or her working
23 hours within that security unit, or (iv) who is a mental
24 health police officer. "Mental health police officer"
25 means any person employed by the Department of Human
26 Services in a position pertaining to the Department's
27 mental health and developmental disabilities functions
28 who is vested with such law enforcement duties as render
29 the person ineligible for coverage under the Social
30 Security Act by reason of Sections 218(d)(5)(A),
31 218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
32 means that portion of a facility that is devoted to the
33 care, containment, and treatment of persons committed to
34 the Department of Human Services as sexually violent
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1 persons, persons unfit to stand trial, or persons not
2 guilty by reason of insanity. With respect to past
3 employment, references to the Department of Human
4 Services include its predecessor, the Department of
5 Mental Health and Developmental Disabilities.
6 (9) "Central Management Services security police
7 officer" means any person employed by the Department of
8 Central Management Services who is vested with such law
9 enforcement duties as render him ineligible for coverage
10 under the Social Security Act by reason of Sections
11 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
12 (10) The term "security employee of the Department
13 of Corrections" means any employee of the Department of
14 Corrections or the former Department of Personnel, and
15 any member or employee of the Prisoner Review Board, who
16 has daily contact with inmates by working within a
17 correctional facility or who is a parole officer or an
18 employee who has direct contact with committed persons in
19 the performance of his or her job duties.
20 (11) The term "dangerous drugs investigator" means
21 any person who is employed as such by the Department of
22 Human Services.
23 (12) The term "investigator for the Department of
24 State Police" means a person employed by the Department
25 of State Police who is vested under Section 4 of the
26 Narcotic Control Division Abolition Act with such law
27 enforcement powers as render him ineligible for coverage
28 under the Social Security Act by reason of Sections
29 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
30 (13) "Investigator for the Office of the Attorney
31 General" means any person who is employed as such by the
32 Office of the Attorney General and is vested with such
33 investigative duties as render him ineligible for
34 coverage under the Social Security Act by reason of
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1 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
2 Act. For the period before January 1, 1989, the term
3 includes all persons who were employed as investigators
4 by the Office of the Attorney General, without regard to
5 social security status.
6 (14) "Controlled substance inspector" means any
7 person who is employed as such by the Department of
8 Professional Regulation and is vested with such law
9 enforcement duties as render him ineligible for coverage
10 under the Social Security Act by reason of Sections
11 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
12 The term "controlled substance inspector" includes the
13 Program Executive of Enforcement and the Assistant
14 Program Executive of Enforcement.
15 (15) The term "investigator for the Office of the
16 State's Attorneys Appellate Prosecutor" means a person
17 employed in that capacity on a full time basis under the
18 authority of Section 7.06 of the State's Attorneys
19 Appellate Prosecutor's Act.
20 (16) "Commerce Commission police officer" means any
21 person employed by the Illinois Commerce Commission who
22 is vested with such law enforcement duties as render him
23 ineligible for coverage under the Social Security Act by
24 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
25 218(l)(1) of that Act.
26 (17) "Arson investigator" means any person who is
27 employed as such by the Office of the State Fire Marshal
28 and is vested with such law enforcement duties as render
29 the person ineligible for coverage under the Social
30 Security Act by reason of Sections 218(d)(5)(A),
31 218(d)(8)(D), and 218(l)(1) of that Act. A person who
32 was employed as an arson investigator on January 1, 1995
33 and is no longer in service but not yet receiving a
34 retirement annuity may convert his or her creditable
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1 service for employment as an arson investigator into
2 eligible creditable service by paying to the System the
3 difference between the employee contributions actually
4 paid for that service and the amounts that would have
5 been contributed if the applicant were contributing at
6 the rate applicable to persons with the same social
7 security status earning eligible creditable service on
8 the date of application.
9 (d) A security employee of the Department of
10 Corrections, and a security employee of the Department of
11 Human Services who is not a mental health police officer,
12 shall not be eligible for the alternative retirement annuity
13 provided by this Section unless he or she meets the following
14 minimum age and service requirements at the time of
15 retirement:
16 (i) 25 years of eligible creditable service and age
17 55; or
18 (ii) beginning January 1, 1987, 25 years of
19 eligible creditable service and age 54, or 24 years of
20 eligible creditable service and age 55; or
21 (iii) beginning January 1, 1988, 25 years of
22 eligible creditable service and age 53, or 23 years of
23 eligible creditable service and age 55; or
24 (iv) beginning January 1, 1989, 25 years of
25 eligible creditable service and age 52, or 22 years of
26 eligible creditable service and age 55; or
27 (v) beginning January 1, 1990, 25 years of eligible
28 creditable service and age 51, or 21 years of eligible
29 creditable service and age 55; or
30 (vi) beginning January 1, 1991, 25 years of
31 eligible creditable service and age 50, or 20 years of
32 eligible creditable service and age 55.
33 Persons who have service credit under Article 16 of this
34 Code for service as a security employee of the Department of
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1 Corrections in a position requiring certification as a
2 teacher may count such service toward establishing their
3 eligibility under the service requirements of this Section;
4 but such service may be used only for establishing such
5 eligibility, and not for the purpose of increasing or
6 calculating any benefit.
7 (e) If a member enters military service while working in
8 a position in which eligible creditable service may be
9 earned, and returns to State service in the same or another
10 such position, and fulfills in all other respects the
11 conditions prescribed in this Article for credit for military
12 service, such military service shall be credited as eligible
13 creditable service for the purposes of the retirement annuity
14 prescribed in this Section.
15 (f) For purposes of calculating retirement annuities
16 under this Section, periods of service rendered after
17 December 31, 1968 and before October 1, 1975 as a covered
18 employee in the position of special agent, conservation
19 police officer, mental health police officer, or investigator
20 for the Secretary of State, shall be deemed to have been
21 service as a noncovered employee, provided that the employee
22 pays to the System prior to retirement an amount equal to (1)
23 the difference between the employee contributions that would
24 have been required for such service as a noncovered employee,
25 and the amount of employee contributions actually paid, plus
26 (2) if payment is made after July 31, 1987, regular interest
27 on the amount specified in item (1) from the date of service
28 to the date of payment.
29 For purposes of calculating retirement annuities under
30 this Section, periods of service rendered after December 31,
31 1968 and before January 1, 1982 as a covered employee in the
32 position of investigator for the Department of Revenue shall
33 be deemed to have been service as a noncovered employee,
34 provided that the employee pays to the System prior to
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1 retirement an amount equal to (1) the difference between the
2 employee contributions that would have been required for such
3 service as a noncovered employee, and the amount of employee
4 contributions actually paid, plus (2) if payment is made
5 after January 1, 1990, regular interest on the amount
6 specified in item (1) from the date of service to the date of
7 payment.
8 (g) A State policeman may elect, not later than January
9 1, 1990, to establish eligible creditable service for up to
10 10 years of his service as a policeman under Article 3, by
11 filing a written election with the Board, accompanied by
12 payment of an amount to be determined by the Board, equal to
13 (i) the difference between the amount of employee and
14 employer contributions transferred to the System under
15 Section 3-110.5, and the amounts that would have been
16 contributed had such contributions been made at the rates
17 applicable to State policemen, plus (ii) interest thereon at
18 the effective rate for each year, compounded annually, from
19 the date of service to the date of payment.
20 Subject to the limitation in subsection (i), a State
21 policeman may elect, not later than July 1, 1993, to
22 establish eligible creditable service for up to 10 years of
23 his service as a member of the County Police Department under
24 Article 9, by filing a written election with the Board,
25 accompanied by payment of an amount to be determined by the
26 Board, equal to (i) the difference between the amount of
27 employee and employer contributions transferred to the System
28 under Section 9-121.10 and the amounts that would have been
29 contributed had those contributions been made at the rates
30 applicable to State policemen, plus (ii) interest thereon at
31 the effective rate for each year, compounded annually, from
32 the date of service to the date of payment.
33 (h) Subject to the limitation in subsection (i), a State
34 policeman or investigator for the Secretary of State may
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1 elect to establish eligible creditable service for up to 12
2 years of his service as a policeman under Article 5, by
3 filing a written election with the Board on or before January
4 31, 1992, and paying to the System by January 31, 1994 an
5 amount to be determined by the Board, equal to (i) the
6 difference between the amount of employee and employer
7 contributions transferred to the System under Section 5-236,
8 and the amounts that would have been contributed had such
9 contributions been made at the rates applicable to State
10 policemen, plus (ii) interest thereon at the effective rate
11 for each year, compounded annually, from the date of service
12 to the date of payment.
13 Subject to the limitation in subsection (i), a State
14 policeman, conservation police officer, or investigator for
15 the Secretary of State may elect to establish eligible
16 creditable service for up to 10 years of service as a
17 sheriff's law enforcement employee under Article 7, by filing
18 a written election with the Board on or before January 31,
19 1993, and paying to the System by January 31, 1994 an amount
20 to be determined by the Board, equal to (i) the difference
21 between the amount of employee and employer contributions
22 transferred to the System under Section 7-139.7, and the
23 amounts that would have been contributed had such
24 contributions been made at the rates applicable to State
25 policemen, plus (ii) interest thereon at the effective rate
26 for each year, compounded annually, from the date of service
27 to the date of payment.
28 (i) The total amount of eligible creditable service
29 established by any person under subsections (g), (h), (j),
30 (k), and (l) of this Section shall not exceed 12 years.
31 (j) Subject to the limitation in subsection (i), an
32 investigator for the Office of the State's Attorneys
33 Appellate Prosecutor or a controlled substance inspector may
34 elect to establish eligible creditable service for up to 10
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1 years of his service as a policeman under Article 3 or a
2 sheriff's law enforcement employee under Article 7, by filing
3 a written election with the Board, accompanied by payment of
4 an amount to be determined by the Board, equal to (1) the
5 difference between the amount of employee and employer
6 contributions transferred to the System under Section 3-110.6
7 or 7-139.8, and the amounts that would have been contributed
8 had such contributions been made at the rates applicable to
9 State policemen, plus (2) interest thereon at the effective
10 rate for each year, compounded annually, from the date of
11 service to the date of payment.
12 (k) Subject to the limitation in subsection (i) of this
13 Section, an alternative formula employee may elect to
14 establish eligible creditable service for periods spent as a
15 full-time law enforcement officer or full-time corrections
16 officer employed by the federal government or by a state or
17 local government located outside of Illinois, for which
18 credit is not held in any other public employee pension fund
19 or retirement system. To obtain this credit, the applicant
20 must file a written application with the Board by March 31,
21 1998, accompanied by evidence of eligibility acceptable to
22 the Board and payment of an amount to be determined by the
23 Board, equal to (1) employee contributions for the credit
24 being established, based upon the applicant's salary on the
25 first day as an alternative formula employee after the
26 employment for which credit is being established and the
27 rates then applicable to alternative formula employees, plus
28 (2) an amount determined by the Board to be the employer's
29 normal cost of the benefits accrued for the credit being
30 established, plus (3) regular interest on the amounts in
31 items (1) and (2) from the first day as an alternative
32 formula employee after the employment for which credit is
33 being established to the date of payment.
34 (l) Subject to the limitation in subsection (i), a
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1 security employee of the Department of Corrections may elect,
2 not later than July 1, 1998, to establish eligible creditable
3 service for up to 10 years of his or her service as a
4 policeman under Article 3, by filing a written election with
5 the Board, accompanied by payment of an amount to be
6 determined by the Board, equal to (i) the difference between
7 the amount of employee and employer contributions transferred
8 to the System under Section 3-110.5, and the amounts that
9 would have been contributed had such contributions been made
10 at the rates applicable to security employees of the
11 Department of Corrections, plus (ii) interest thereon at the
12 effective rate for each year, compounded annually, from the
13 date of service to the date of payment.
14 (Source: P.A. 90-32, eff. 6-27-97; 91-357, eff. 7-29-99;
15 91-760, eff. 1-1-01.)
16 (40 ILCS 5/14-114) (from Ch. 108 1/2, par. 14-114)
17 Sec. 14-114. Automatic increase in retirement annuity.
18 (a) Any person receiving a retirement annuity under this
19 Article who retires having attained age 60, or who retires
20 before age 60 having at least 35 years of creditable service,
21 or who retires on or after January 1, 2001 at an age which,
22 when added to the number of years of his or her creditable
23 service, equals at least 85, shall, on January 1, next
24 following the first full year of retirement, have the amount
25 of the then fixed and payable monthly retirement annuity
26 increased 3%. Any person receiving a retirement annuity
27 under this Article who retires before attainment of age 60
28 and with less than (i) 35 years of creditable service if
29 retirement is before January 1, 2001, or (ii) the number of
30 years of creditable service which, when added to the member's
31 age, would equal 85, if retirement is on or after January 1,
32 2001, shall have the amount of the fixed and payable
33 retirement annuity increased by 3% on the January 1 occurring
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1 on or next following (1) attainment of age 60, or (2) the
2 first anniversary of retirement, whichever occurs later.
3 However, for persons who receive the alternative retirement
4 annuity under Section 14-110, references in this subsection
5 (a) to attainment of age 60 shall be deemed to refer to
6 attainment of age 55. For a person receiving early
7 retirement incentives under Section 14-108.3 whose retirement
8 annuity began after January 1, 1992 pursuant to an extension
9 granted under subsection (e) of that Section, the first
10 anniversary of retirement shall be deemed to be January 1,
11 1993.
12 On each January 1 following the date of the initial
13 increase under this subsection, the employee's monthly
14 retirement annuity shall be increased by an additional 3%.
15 Beginning January 1, 1990, all automatic annual increases
16 payable under this Section shall be calculated as a
17 percentage of the total annuity payable at the time of the
18 increase, including previous increases granted under this
19 Article.
20 (b) The provisions of subsection (a) of this Section
21 shall be applicable to an employee only if the employee makes
22 the additional contributions required after December 31, 1969
23 for the purpose of the automatic increases for not less than
24 the equivalent of one full year. If an employee becomes an
25 annuitant before his additional contributions equal one full
26 year's contributions based on his salary at the date of
27 retirement, the employee may pay the necessary balance of the
28 contributions to the system, without interest, and be
29 eligible for the increasing annuity authorized by this
30 Section.
31 (c) The provisions of subsection (a) of this Section
32 shall not be applicable to any annuitant who is on retirement
33 on December 31, 1969, and thereafter returns to State
34 service, unless the member has established at least one year
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1 of additional creditable service following reentry into
2 service.
3 (d) In addition to other increases which may be provided
4 by this Section, on January 1, 1981 any annuitant who was
5 receiving a retirement annuity on or before January 1, 1971
6 shall have his retirement annuity then being paid increased
7 $1 per month for each year of creditable service. On January
8 1, 1982, any annuitant who began receiving a retirement
9 annuity on or before January 1, 1977, shall have his
10 retirement annuity then being paid increased $1 per month for
11 each year of creditable service.
12 On January 1, 1987, any annuitant who began receiving a
13 retirement annuity on or before January 1, 1977, shall have
14 the monthly retirement annuity increased by an amount equal
15 to 8¢ per year of creditable service times the number of
16 years that have elapsed since the annuity began.
17 (e) Every person who receives the alternative retirement
18 annuity under Section 14-110 and who is eligible to receive
19 the 3% increase under subsection (a) on January 1, 1986,
20 shall also receive on that date a one-time increase in
21 retirement annuity equal to the difference between (1) his
22 actual retirement annuity on that date, including any
23 increases received under subsection (a), and (2) the amount
24 of retirement annuity he would have received on that date if
25 the amendments to subsection (a) made by Public Act 84-162
26 had been in effect since the date of his retirement.
27 (Source: P.A. 86-273; 87-1265.)
28 (40 ILCS 5/14-133) (from Ch. 108 1/2, par. 14-133)
29 Sec. 14-133. Contributions on behalf of members.
30 (a) Each participating employee shall make contributions
31 to the System, based on the employee's compensation, as
32 follows:
33 (1) Covered employees, except as indicated below,
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1 3.5% for retirement annuity, and 0.5% for a widow or
2 survivors annuity;
3 (2) Noncovered employees, except as indicated
4 below, 7% for retirement annuity and 1% for a widow or
5 survivors annuity;
6 (3) Noncovered employees serving in a position in
7 which "eligible creditable service" as defined in Section
8 14-110 may be earned, 8.5% for retirement annuity and 1%
9 for a widow or survivors annuity plus the following
10 amount for retirement annuity: 8.5% through December 31,
11 2001; 9.5% in 2002; 10.5% in 2003; and 11.5% in 2004 and
12 thereafter;
13 (4) Covered employees serving in a position in
14 which "eligible creditable service" as defined in Section
15 14-110 may be earned, 5% for retirement annuity and 0.5%
16 for a widow or survivors annuity plus the following
17 amount for retirement annuity: 5% through December 31,
18 2001; 6% in 2002; 7% in 2003; and 8% in 2004 and
19 thereafter;
20 (5) Each security employee of the Department of
21 Corrections or of the Department of Human Services who is
22 a covered employee, 5% for retirement annuity and 0.5%
23 for a widow or survivors annuity plus the following
24 amount for retirement annuity: 5% through December 31,
25 2001; 6% in 2002; 7% in 2003; and 8% in 2004 and
26 thereafter;
27 (6) Each security employee of the Department of
28 Corrections or of the Department of Human Services who is
29 not a covered employee, 8.5% for retirement annuity and
30 1% for a widow or survivors annuity plus the following
31 amount for retirement annuity: 8.5% through December 31,
32 2001; 9.5% in 2002; 10.5% in 2003; and 11.5% in 2004 and
33 thereafter.
34 (b) Contributions shall be in the form of a deduction
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1 from compensation and shall be made notwithstanding that the
2 compensation paid in cash to the employee shall be reduced
3 thereby below the minimum prescribed by law or regulation.
4 Each member is deemed to consent and agree to the deductions
5 from compensation provided for in this Article, and shall
6 receipt in full for salary or compensation.
7 (Source: P.A. 89-507, eff. 7-1-97; 90-448, eff. 8-16-97.)
8 (40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
9 Sec. 16-132. Retirement annuity eligibility. A member
10 who has at least 20 years of creditable service is entitled
11 to a retirement annuity upon or after attainment of age 55.
12 A member who has at least 10 but less than 20 years of
13 creditable service is entitled to a retirement annuity upon
14 or after attainment of age 60. A member who has at least 5
15 but less than 10 years of creditable service is entitled to a
16 retirement annuity upon or after attainment of age 62. A
17 member who (i) has earned during the period immediately
18 preceding the last day of service at least one year of
19 contributing creditable service as an employee of a
20 department as defined in Section 14-103.04, (ii) has earned
21 at least 5 years of contributing creditable service as an
22 employee of a department as defined in Section 14-103.04, and
23 (iii) retires on or after January 1, 2001 is entitled to a
24 retirement annuity upon or after attainment of an age which,
25 when added to the number of years of his or her total
26 creditable service, equals at least 85. Portions of years
27 shall be counted as decimal equivalents.
28 A member who is eligible to receive a retirement annuity
29 of at least 74.6% of final average salary and will attain age
30 55 on or before December 31 during the year which commences
31 on July 1 shall be deemed to attain age 55 on the preceding
32 June 1.
33 A member meeting the above eligibility conditions is
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1 entitled to a retirement annuity upon written application to
2 the board setting forth the date the member wishes the
3 retirement annuity to commence. However, the effective date
4 of the retirement annuity shall be no earlier than the day
5 following the last day of creditable service, regardless of
6 the date of official termination of employment. To be
7 eligible for a retirement annuity, a member shall not be
8 employed as a teacher in the schools included under this
9 System or under Article 17, unless the member is disabled (in
10 which event, eligibility for salary must cease), or unless
11 the System is required by federal law to commence payment due
12 to the member's age; the changes to this sentence made by
13 this amendatory Act of 1991 shall apply without regard to
14 whether the member terminated employment before or after its
15 effective date.
16 (Source: P.A. 90-582, eff. 5-27-98.)
17 (40 ILCS 5/16-133) (from Ch. 108 1/2, par. 16-133)
18 Sec. 16-133. Retirement annuity; amount.
19 (a) The amount of the retirement annuity shall be the
20 larger of the amounts determined under paragraphs (A) and (B)
21 below:
22 (A) An amount consisting of the sum of the
23 following:
24 (1) An amount that can be provided on an
25 actuarially equivalent basis by the member's
26 accumulated contributions at the time of retirement;
27 and
28 (2) The sum of (i) the amount that can be
29 provided on an actuarially equivalent basis by the
30 member's accumulated contributions representing
31 service prior to July 1, 1947, and (ii) the amount
32 that can be provided on an actuarially equivalent
33 basis by the amount obtained by multiplying 1.4
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1 times the member's accumulated contributions
2 covering service subsequent to June 30, 1947; and
3 (3) If there is prior service, 2 times the
4 amount that would have been determined under
5 subparagraph (2) of paragraph (A) above on account
6 of contributions which would have been made during
7 the period of prior service creditable to the member
8 had the System been in operation and had the member
9 made contributions at the contribution rate in
10 effect prior to July 1, 1947.
11 (B) An amount consisting of the greater of the
12 following:
13 (1) For creditable service earned before July
14 1, 1998 that has not been augmented under Section
15 16-129.1: 1.67% of final average salary for each of
16 the first 10 years of creditable service, 1.90% of
17 final average salary for each year in excess of 10
18 but not exceeding 20, 2.10% of final average salary
19 for each year in excess of 20 but not exceeding 30,
20 and 2.30% of final average salary for each year in
21 excess of 30; and
22 For creditable service earned on or after July
23 1, 1998 by a member who has at least 24 years of
24 creditable service on July 1, 1998 and who does not
25 elect to augment service under Section 16-129.1:
26 2.2% of final average salary for each year of
27 creditable service earned on or after July 1, 1998
28 but before the member reaches a total of 30 years of
29 creditable service and 2.3% of final average salary
30 for each year of creditable service earned on or
31 after July 1, 1998 and after the member reaches a
32 total of 30 years of creditable service; and
33 For all other creditable service: 2.2% of
34 final average salary for each year of creditable
-30- LRB9105902EGfgam03
1 service; or
2 (2) 1.5% of final average salary for each year
3 of creditable service plus the sum $7.50 for each of
4 the first 20 years of creditable service.
5 The amount of the retirement annuity determined under
6 this paragraph (B) shall be reduced by 1/2 of 1% for each
7 month that the member is less than age 60 at the time the
8 retirement annuity begins. However, this reduction shall
9 not apply (i) if the member has at least 35 years of
10 creditable service, or (ii) if the member retires on
11 account of disability under Section 16-149.2 of this
12 Article with at least 20 years of creditable service, or
13 (iii) if the member (1) has earned during the period
14 immediately preceding the last day of service at least
15 one year of contributing creditable service as an
16 employee of a department as defined in Section 14-103.04,
17 (2) has earned at least 5 years of contributing
18 creditable service as an employee of a department as
19 defined in Section 14-103.04, (3) retires on or after
20 January 1, 2001, and (4) retires having attained an age
21 which, when added to the number of years of his or her
22 total creditable service, equals at least 85. Portions
23 of years shall be counted as decimal equivalents.
24 (b) For purposes of this Section, final average salary
25 shall be the average salary for the highest 4 consecutive
26 years within the last 10 years of creditable service as
27 determined under rules of the board. The minimum final
28 average salary shall be considered to be $2,400 per year.
29 In the determination of final average salary for members
30 other than elected officials and their appointees when such
31 appointees are allowed by statute, that part of a member's
32 salary for any year beginning after June 30, 1979 which
33 exceeds the member's annual full-time salary rate with the
34 same employer for the preceding year by more than 20% shall
-31- LRB9105902EGfgam03
1 be excluded. The exclusion shall not apply in any year in
2 which the member's creditable earnings are less than 50% of
3 the preceding year's mean salary for downstate teachers as
4 determined by the survey of school district salaries provided
5 in Section 2-3.103 of the School Code.
6 (c) In determining the amount of the retirement annuity
7 under paragraph (B) of this Section, a fractional year shall
8 be granted proportional credit.
9 (d) The retirement annuity determined under paragraph
10 (B) of this Section shall be available only to members who
11 render teaching service after July 1, 1947 for which member
12 contributions are required, and to annuitants who re-enter
13 under the provisions of Section 16-150.
14 (e) The maximum retirement annuity provided under
15 paragraph (B) of this Section shall be 75% of final average
16 salary.
17 (f) A member retiring after the effective date of this
18 amendatory Act of 1998 shall receive a pension equal to 75%
19 of final average salary if the member is qualified to receive
20 a retirement annuity equal to at least 74.6% of final average
21 salary under this Article or as proportional annuities under
22 Article 20 of this Code.
23 (Source: P.A. 90-582, eff. 5-27-98; 91-17, eff. 6-4-99;
24 91-887, eff. 7-6-00.)
25 (40 ILCS 5/16-133.1) (from Ch. 108 1/2, par. 16-133.1)
26 Sec. 16-133.1. Automatic annual increase in annuity.
27 (a) Each member with creditable service and retiring on
28 or after August 26, 1969 is entitled to the automatic annual
29 increases in annuity provided under this Section while
30 receiving a retirement annuity or disability retirement
31 annuity from the system.
32 An annuitant shall first be entitled to an initial
33 increase under this Section on the January 1 next following
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1 the first anniversary of retirement, or January 1 of the year
2 next following attainment of age 61, whichever is later. At
3 such time, the system shall pay an initial increase
4 determined as follows:
5 (1) 1.5% of the originally granted retirement
6 annuity or disability retirement annuity multiplied by
7 the number of years elapsed, if any, from the later of
8 (1) attainment of age 55, or (2) the date of retirement,
9 until January 1, 1972, plus
10 (2) 2% of the originally granted annuity multiplied
11 by the number of years elapsed, if any, from the date of
12 retirement or between January 1, 1972, whichever is
13 later, until and January 1, 1978, plus
14 (3) 3% of the originally granted annuity multiplied
15 by the number of years elapsed from the date of
16 retirement or between January 1, 1978, whichever is
17 later, until and the effective date of the initial
18 increase.
19 However, the initial annual increase calculated under this
20 Section for the recipient of a disability retirement annuity
21 granted under Section 16-149.2 shall be reduced by an amount
22 equal to the total of all increases in that annuity received
23 under Section 16-149.5 (but not exceeding 100% of the amount
24 of the initial increase otherwise provided under this
25 Section).
26 Following the initial increase, automatic annual
27 increases in annuity shall be payable on each January 1
28 thereafter during the lifetime of the annuitant, determined
29 as a percentage of the originally granted retirement annuity
30 or disability retirement annuity for increases granted prior
31 to January 1, 1990, and calculated as a percentage of the
32 total amount of annuity, including previous increases under
33 this Section, for increases granted on or after January 1,
34 1990, as follows: 1.5% for periods prior to January 1, 1972,
-33- LRB9105902EGfgam03
1 2% for periods after December 31, 1971 and prior to January
2 1, 1978, and 3% for periods after December 31, 1977.
3 (b) The automatic annual increases in annuity provided
4 under this Section shall not be applicable unless a member
5 has made contributions toward such increases for a period
6 equivalent to one full year of creditable service. If a
7 member contributes for service performed after August 26,
8 1969 but the member becomes an annuitant before such
9 contributions amount to one full year's contributions based
10 on the salary at the date of retirement, he or she may pay
11 the necessary balance of the contributions to the system and
12 be eligible for the automatic annual increases in annuity
13 provided under this Section.
14 (c) Each member shall make contributions toward the cost
15 of the automatic annual increases in annuity as provided
16 under Section 16-152.
17 (d) An annuitant receiving a retirement annuity or
18 disability retirement annuity on July 1, 1969, who
19 subsequently re-enters service as a teacher is eligible for
20 the automatic annual increases in annuity provided under this
21 Section if he or she renders at least one year of creditable
22 service following the latest re-entry.
23 (e) In addition to the automatic annual increases in
24 annuity provided under this Section, an annuitant who meets
25 the service requirements of this Section and whose retirement
26 annuity or disability retirement annuity began on or before
27 January 1, 1971 shall receive, on January 1, 1981, an
28 increase in the annuity then being paid of one dollar per
29 month for each year of creditable service. On January 1,
30 1982, an annuitant whose retirement annuity or disability
31 retirement annuity began on or before January 1, 1977 shall
32 receive an increase in the annuity then being paid of one
33 dollar per month for each year of creditable service.
34 On January 1, 1987, any annuitant whose retirement
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1 annuity began on or before January 1, 1977, shall receive an
2 increase in the monthly retirement annuity equal to 8¢ per
3 year of creditable service times the number of years that
4 have elapsed since the annuity began.
5 (Source: P.A. 86-273; 86-1488.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.".
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