Sen. Robert F. Martwick

Filed: 4/24/2026

 

 


 

 


 
10400SB3404sam001LRB104 18864 RPS 37002 a

1
AMENDMENT TO SENATE BILL 3404

2    AMENDMENT NO. ______. Amend Senate Bill 3404 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by adding
5Sections 3-144.3, 3-144.4, 4-138.15, 4-138.16, 5-218.5,
65-218.6, 6-213.5, 6-213.6, 8-244.5, 8-244.6, 9-134.6, 9-134.7,
710-104.6, 10-104.7, 11-223.5, 11-223.6, 12-133.8, 12-133.9,
817-120.5, and 17-120.6 as follows:
 
9    (40 ILCS 5/3-144.3 new)
10    Sec. 3-144.3. Accelerated pension benefit payment in lieu
11of any pension benefit.
12    (a) As used in this Section:
13    "Eligible person" means a person who:
14        (1) has terminated service;
15        (2) has accrued sufficient service credit to be
16    eligible to receive a retirement pension under this

 

 

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1    Article;
2        (3) has not received any retirement pension under this
3    Article; and
4        (4) has not made the election under Section 3-144.4.
5    "Pension benefit" means the benefits under this Article,
6or Article 1 as it relates to those benefits, including any
7anticipated annual increases, that an eligible person is
8entitled to upon attainment of the applicable retirement age.
9"Pension benefit" also includes applicable survivor's or
10disability benefits.
11    (b) If an employer has elected to provide funding for an
12accelerated pension benefit program, then as soon as practical
13after June 30, 2026 or as soon as practical after the employer
14has made that election, whichever is later, the fund shall
15calculate, using actuarial tables and other assumptions
16adopted by the Board, the present value of pension benefits
17for each eligible person who requests that information and
18shall offer each eligible person the opportunity to
19irrevocably elect to receive an amount determined by the fund
20to be equal to 60% of the present value of his or her pension
21benefits in lieu of receiving any pension benefit. The offer
22shall specify the dollar amount that the eligible person will
23receive if he or she so elects and shall expire when a
24subsequent offer is made to an eligible person. An eligible
25person is limited to one calculation and offer per fiscal
26year. The fund shall make a good faith effort to contact every

 

 

10400SB3404sam001- 3 -LRB104 18864 RPS 37002 a

1eligible person to notify him or her of the election.
2    Until June 30, 2028, an eligible person may irrevocably
3elect to receive an accelerated pension benefit payment in the
4amount that the fund offers under this subsection in lieu of
5receiving any pension benefit.
6    (c) A person's creditable service under this Article shall
7be terminated upon the person's receipt of an accelerated
8pension benefit payment under this Section, and no other
9benefit shall be paid under this Article based on the
10terminated creditable service, including any retirement,
11survivor, or other benefit.
12    (d) If a person who has received an accelerated pension
13benefit payment under this Section returns to active service
14under this Article, then:
15        (1) Any benefits under the fund earned as a result of
16    that return to active service shall be based solely on the
17    person's creditable service arising from the return to
18    active service.
19        (2) The accelerated pension benefit payment may not be
20    repaid to the fund, and the terminated creditable service
21    may not under any circumstances be reinstated.
22    (e) As a condition of receiving an accelerated pension
23benefit payment, the accelerated pension benefit payment must
24be transferred into a tax qualified retirement plan or
25account. The accelerated pension benefit payment under this
26Section may be subject to withholding or payment of applicable

 

 

10400SB3404sam001- 4 -LRB104 18864 RPS 37002 a

1taxes, but to the extent permitted by federal law, a person who
2receives an accelerated pension benefit payment under this
3Section must direct the fund to pay all of that payment as a
4rollover into another retirement plan or account qualified
5under the Internal Revenue Code of 1986, as amended.
6    (f) Before accepting a member's irrevocable election to
7receive an accelerated pension benefit payment under this
8Section, the fund shall verify that it has a sufficient amount
9of moneys to pay for the accelerated pension benefit payment
10from the contribution remitted by the employer for that
11purpose. Moneys remitted to the fund for the purpose of the
12accelerated pension benefit program must be kept in a separate
13account. If the fund determines it does not have sufficient
14moneys to make the accelerated pension benefit payment, then
15the fund shall not accept the member's irrevocable election
16and shall notify the member of that fact. The member may
17reapply for the accelerated pension benefit payment after that
18fiscal year. Elections shall be processed and paid in the
19order in which complete applications are received by the fund,
20subject to the availability of funds. If the fund accepts the
21member's irrevocable election to receive an accelerated
22pension benefit payment under this Section, then the fund
23shall transfer, from the moneys remitted to the fund for that
24purpose, the amount of the accelerated pension benefit payment
25into the member's eligible retirement plan or qualified
26account. If any moneys remain in the account maintained by the

 

 

10400SB3404sam001- 5 -LRB104 18864 RPS 37002 a

1fund for the purpose of the accelerated pension benefit
2program at the end of the fiscal year, the fund must remit
3those moneys back to the employer within one month after the
4end of the fiscal year, unless the employer notifies the fund
5at least one month before the end of the fiscal year that the
6funds shall remain in the account to be used for the subsequent
7fiscal year.
8    (g) The Board shall adopt any rules, including emergency
9rules, necessary to implement this Section.
10    (h) No provision of this Section shall be interpreted in a
11way that would cause the applicable fund to cease to be a
12qualified plan under the Internal Revenue Code of 1986.
 
13    (40 ILCS 5/3-144.4 new)
14    Sec. 3-144.4. Accelerated pension benefit payment for a
15reduction in annual retirement pension increases.
16    (a) As used in this Section:
17    "Accelerated pension benefit payment" means a lump sum
18payment equal to 70% of the difference of the present value of
19the automatic annual increases to a Tier 1 member's retirement
20pension using the formula applicable to the Tier 1 member and
21the present value of the automatic annual increases to the
22Tier 1 member's retirement pension using the formula provided
23under subsection (b-5).
24    "Eligible person" means a person who:
25        (1) is a Tier 1 member;

 

 

10400SB3404sam001- 6 -LRB104 18864 RPS 37002 a

1        (2) has submitted an application for a retirement
2    pension under this Article;
3        (3) meets the age and service requirements for
4    receiving a retirement pension under this Article;
5        (4) has not received any retirement pension under this
6    Article; and
7        (5) has not made the election under Section 3-144.3.
8    "Tier 1 member" means a person who first became a police
9officer under this Article before January 1, 2011.
10    (b) Until June 30, 2028, if an employer elects to provide
11funding for an accelerated pension benefit program, then as
12soon as practical after June 30, 2026 or as soon as practical
13after the employer makes that election, whichever is later,
14the fund shall implement an accelerated pension benefit
15payment option for eligible persons. Upon the request of an
16eligible person, if the employer has elected to provide
17funding for an accelerated pension benefit program, the fund
18shall calculate, using actuarial tables and other assumptions
19adopted by the Board, an accelerated pension benefit payment
20amount and shall offer that eligible person the opportunity to
21irrevocably elect to have his or her automatic annual
22increases in retirement pension calculated in accordance with
23the formula provided under subsection (b-5) in exchange for
24the accelerated pension benefit payment. The election under
25this subsection must be made before the eligible person
26receives the first payment of a retirement pension otherwise

 

 

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1payable under this Article. An eligible person is limited to
2one calculation and offer per fiscal year.
3    (b-5) Notwithstanding any other provision of law, the
4retirement pension of a person who made the election under
5subsection (b) shall be subject to annual increases on the
6January 1 occurring either on or after the attainment of age 67
7or the first anniversary of the pension start date, whichever
8is later. Each annual increase shall be calculated at 1.5% of
9the originally granted retirement pension.
10    (c) If a person who has received an accelerated pension
11benefit payment returns to active service under this Article,
12then:
13        (1) the calculation of any future automatic annual
14    increase in retirement pension shall be calculated in
15    accordance with the formula provided under subsection
16    (b-5); and
17        (2) the accelerated pension benefit payment may not be
18    repaid to the fund.
19    (d) As a condition of receiving an accelerated pension
20benefit payment, the accelerated pension benefit payment must
21be transferred into a tax qualified retirement plan or
22account. The accelerated pension benefit payment under this
23Section may be subject to withholding or payment of applicable
24taxes, but to the extent permitted by federal law, a person who
25receives an accelerated pension benefit payment under this
26Section must direct the fund to pay all of that payment as a

 

 

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1rollover into another retirement plan or account qualified
2under the Internal Revenue Code of 1986, as amended.
3    (d-5) Before accepting a member's irrevocable election to
4receive an accelerated pension benefit payment under this
5Section, the fund shall verify that it has a sufficient amount
6of moneys to pay for the accelerated pension benefit payment
7from the contribution remitted by the employer for that
8purpose. Moneys remitted to the fund for the purpose of this
9program must be kept in a separate account. If the fund
10determines it does not have sufficient moneys to make the
11accelerated pension benefit payment, then the fund shall not
12accept the member's irrevocable election and shall notify the
13member of that fact. The member may reapply for the
14accelerated pension benefit payment after that fiscal year.
15Elections shall be processed and paid in the order in which
16complete applications are received by the fund, subject to the
17availability of funds. If the fund accepts the member's
18irrevocable election to receive an accelerated pension benefit
19payment under this Section, then the fund shall transfer, from
20the moneys remitted to the fund for that purpose, the amount of
21the accelerated pension benefit payment into the member's
22eligible retirement plan or qualified account. If any moneys
23remain in the account at the end of the fiscal year, the fund
24must remit those moneys back to the employer within one month
25after the end of the fiscal year, unless the employer notifies
26the fund at least one month before the end of the fiscal year

 

 

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1that the funds shall remain in the account to be used for the
2accelerated pension benefit program for the subsequent fiscal
3year.
4    (e) The Board shall adopt any rules, including emergency
5rules, necessary to implement this Section.
6    (f) No provision of this Section shall be interpreted in a
7way that would cause the applicable fund to cease to be a
8qualified plan under the Internal Revenue Code of 1986.
 
9    (40 ILCS 5/4-138.15 new)
10    Sec. 4-138.15. Accelerated pension benefit payment in lieu
11of any pension benefit.
12    (a) As used in this Section:
13    "Eligible person" means a person who:
14        (1) has terminated service;
15        (2) has accrued sufficient service credit to be
16    eligible to receive a retirement pension under this
17    Article;
18        (3) has not received any retirement pension under this
19    Article; and
20        (4) has not made the election under Section 4-138.16.
21    "Pension benefit" means the benefits under this Article,
22or Article 1 as it relates to those benefits, including any
23anticipated annual increases, that an eligible person is
24entitled to upon attainment of the applicable retirement age.
25"Pension benefit" also includes applicable survivor's or

 

 

10400SB3404sam001- 10 -LRB104 18864 RPS 37002 a

1disability benefits.
2    (b) If an employer has elected to provide funding for an
3accelerated pension benefit program, then as soon as practical
4after June 30, 2026 or as soon as practical after the employer
5has made that election, whichever is later, the fund shall
6calculate, using actuarial tables and other assumptions
7adopted by the Board, the present value of pension benefits
8for each eligible person who requests that information and
9shall offer each eligible person the opportunity to
10irrevocably elect to receive an amount determined by the fund
11to be equal to 60% of the present value of his or her pension
12benefits in lieu of receiving any pension benefit. The offer
13shall specify the dollar amount that the eligible person will
14receive if he or she so elects and shall expire when a
15subsequent offer is made to an eligible person. An eligible
16person is limited to one calculation and offer per fiscal
17year. The fund shall make a good faith effort to contact every
18eligible person to notify him or her of the election.
19    Until June 30, 2028, an eligible person may irrevocably
20elect to receive an accelerated pension benefit payment in the
21amount that the fund offers under this subsection in lieu of
22receiving any pension benefit.
23    (c) A person's creditable service under this Article shall
24be terminated upon the person's receipt of an accelerated
25pension benefit payment under this Section, and no other
26benefit shall be paid under this Article based on the

 

 

10400SB3404sam001- 11 -LRB104 18864 RPS 37002 a

1terminated creditable service, including any retirement,
2survivor, or other benefit.
3    (d) If a person who has received an accelerated pension
4benefit payment under this Section returns to active service
5under this Article, then:
6        (1) Any benefits under the fund earned as a result of
7    that return to active service shall be based solely on the
8    person's creditable service arising from the return to
9    active service.
10        (2) The accelerated pension benefit payment may not be
11    repaid to the fund, and the terminated creditable service
12    may not under any circumstances be reinstated.
13    (e) As a condition of receiving an accelerated pension
14benefit payment, the accelerated pension benefit payment must
15be transferred into a tax qualified retirement plan or
16account. The accelerated pension benefit payment under this
17Section may be subject to withholding or payment of applicable
18taxes, but to the extent permitted by federal law, a person who
19receives an accelerated pension benefit payment under this
20Section must direct the fund to pay all of that payment as a
21rollover into another retirement plan or account qualified
22under the Internal Revenue Code of 1986, as amended.
23    (f) Before accepting a member's irrevocable election to
24receive an accelerated pension benefit payment under this
25Section, the fund shall verify that it has a sufficient amount
26of moneys to pay for the accelerated pension benefit payment

 

 

10400SB3404sam001- 12 -LRB104 18864 RPS 37002 a

1from the contribution remitted by the employer for that
2purpose. Moneys remitted to the fund for the purpose of the
3accelerated pension benefit program must be kept in a separate
4account. If the fund determines it does not have sufficient
5moneys to make the accelerated pension benefit payment, then
6the fund shall not accept the member's irrevocable election
7and shall notify the member of that fact. The member may
8reapply for the accelerated pension benefit payment after that
9fiscal year. Elections shall be processed and paid in the
10order in which complete applications are received by the fund,
11subject to the availability of funds. If the fund accepts the
12member's irrevocable election to receive an accelerated
13pension benefit payment under this Section, then the fund
14shall transfer, from the moneys remitted to the fund for that
15purpose, the amount of the accelerated pension benefit payment
16into the member's eligible retirement plan or qualified
17account. If any moneys remain in the account maintained by the
18fund for the purpose of the accelerated pension benefit
19program at the end of the fiscal year, the fund must remit
20those moneys back to the employer within one month after the
21end of the fiscal year, unless the employer notifies the fund
22at least one month before the end of the fiscal year that the
23funds shall remain in the account to be used for the subsequent
24fiscal year.
25    (g) The Board shall adopt any rules, including emergency
26rules, necessary to implement this Section.

 

 

10400SB3404sam001- 13 -LRB104 18864 RPS 37002 a

1    (h) No provision of this Section shall be interpreted in a
2way that would cause the applicable fund to cease to be a
3qualified plan under the Internal Revenue Code of 1986.
 
4    (40 ILCS 5/4-138.16 new)
5    Sec. 4-138.16. Accelerated pension benefit payment for a
6reduction in annual retirement pension increases.
7    (a) As used in this Section:
8    "Accelerated pension benefit payment" means a lump sum
9payment equal to 70% of the difference of the present value of
10the automatic annual increases to a Tier 1 member's retirement
11pension using the formula applicable to the Tier 1 member and
12the present value of the automatic annual increases to the
13Tier 1 member's retirement pension using the formula provided
14under subsection (b-5).
15    "Eligible person" means a person who:
16        (1) is a Tier 1 member;
17        (2) has submitted an application for a retirement
18    pension under this Article;
19        (3) meets the age and service requirements for
20    receiving a retirement pension under this Article;
21        (4) has not received any retirement pension under this
22    Article; and
23        (5) has not made the election under Section 4-138.15.
24    "Tier 1 member" means a person who first became a
25firefighter before January 1, 2011.

 

 

10400SB3404sam001- 14 -LRB104 18864 RPS 37002 a

1    (b) Until June 30, 2028, if an employer elects to provide
2funding for an accelerated pension benefit program, then as
3soon as practical after June 30, 2026 or as soon as practical
4after the employer makes that election, whichever is later,
5the fund shall implement an accelerated pension benefit
6payment option for eligible persons. Upon the request of an
7eligible person, if the employer has elected to provide
8funding for an accelerated pension benefit program, the fund
9shall calculate, using actuarial tables and other assumptions
10adopted by the Board, an accelerated pension benefit payment
11amount and shall offer that eligible person the opportunity to
12irrevocably elect to have his or her automatic annual
13increases in retirement pension calculated in accordance with
14the formula provided under subsection (b-5) in exchange for
15the accelerated pension benefit payment. The election under
16this subsection must be made before the eligible person
17receives the first payment of a retirement pension otherwise
18payable under this Article. An eligible person is limited to
19one calculation and offer per fiscal year.
20    (b-5) Notwithstanding any other provision of law, the
21retirement pension of a person who made the election under
22subsection (b) shall be subject to annual increases on the
23January 1 occurring either on or after the attainment of age 67
24or the first anniversary of the pension start date, whichever
25is later. Each annual increase shall be calculated at 1.5% of
26the originally granted retirement pension.

 

 

10400SB3404sam001- 15 -LRB104 18864 RPS 37002 a

1    (c) If a person who has received an accelerated pension
2benefit payment returns to active service under this Article,
3then:
4        (1) the calculation of any future automatic annual
5    increase in retirement pension shall be calculated in
6    accordance with the formula provided under subsection
7    (b-5); and
8        (2) the accelerated pension benefit payment may not be
9    repaid to the fund.
10    (d) As a condition of receiving an accelerated pension
11benefit payment, the accelerated pension benefit payment must
12be transferred into a tax qualified retirement plan or
13account. The accelerated pension benefit payment under this
14Section may be subject to withholding or payment of applicable
15taxes, but to the extent permitted by federal law, a person who
16receives an accelerated pension benefit payment under this
17Section must direct the fund to pay all of that payment as a
18rollover into another retirement plan or account qualified
19under the Internal Revenue Code of 1986, as amended.
20    (d-5) Before accepting a member's irrevocable election to
21receive an accelerated pension benefit payment under this
22Section, the fund shall verify that it has a sufficient amount
23of moneys to pay for the accelerated pension benefit payment
24from the contribution remitted by the employer for that
25purpose. Moneys remitted to the fund for the purpose of this
26program must be kept in a separate account. If the fund

 

 

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1determines it does not have sufficient moneys to make the
2accelerated pension benefit payment, then the fund shall not
3accept the member's irrevocable election and shall notify the
4member of that fact. The member may reapply for the
5accelerated pension benefit payment after that fiscal year.
6Elections shall be processed and paid in the order in which
7complete applications are received by the fund, subject to the
8availability of funds. If the fund accepts the member's
9irrevocable election to receive an accelerated pension benefit
10payment under this Section, then the fund shall transfer, from
11the moneys remitted to the fund for that purpose, the amount of
12the accelerated pension benefit payment into the member's
13eligible retirement plan or qualified account. If any moneys
14remain in the account at the end of the fiscal year, the fund
15must remit those moneys back to the employer within one month
16after the end of the fiscal year, unless the employer notifies
17the fund at least one month before the end of the fiscal year
18that the funds shall remain in the account to be used for the
19accelerated pension benefit program for the subsequent fiscal
20year.
21    (e) The Board shall adopt any rules, including emergency
22rules, necessary to implement this Section.
23    (f) No provision of this Section shall be interpreted in a
24way that would cause the applicable fund to cease to be a
25qualified plan under the Internal Revenue Code of 1986.
 

 

 

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1    (40 ILCS 5/5-218.5 new)
2    Sec. 5-218.5. Accelerated pension benefit payment in lieu
3of any pension benefit.
4    (a) As used in this Section:
5    "Eligible person" means a person who:
6        (1) has terminated service;
7        (2) has accrued sufficient service credit to be
8    eligible to receive a retirement annuity under this
9    Article;
10        (3) has not received any retirement annuity under this
11    Article; and
12        (4) has not made the election under Section 5-218.6.
13    "Pension benefit" means the benefits under this Article,
14or Article 1 as it relates to those benefits, including any
15anticipated annual increases, that an eligible person is
16entitled to upon attainment of the applicable retirement age.
17"Pension benefit" also includes applicable survivor's or
18disability benefits.
19    (b) If an employer has elected to provide funding for an
20accelerated pension benefit program, then as soon as practical
21after June 30, 2026 or as soon as practical after the employer
22has made that election, whichever is later, the Fund shall
23calculate, using actuarial tables and other assumptions
24adopted by the Board, the present value of pension benefits
25for each eligible person who requests that information and
26shall offer each eligible person the opportunity to

 

 

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1irrevocably elect to receive an amount determined by the Fund
2to be equal to 60% of the present value of his or her pension
3benefits in lieu of receiving any pension benefit. The offer
4shall specify the dollar amount that the eligible person will
5receive if he or she so elects and shall expire when a
6subsequent offer is made to an eligible person. An eligible
7person is limited to one calculation and offer per fiscal
8year. The Fund shall make a good faith effort to contact every
9eligible person to notify him or her of the election.
10    Until June 30, 2028, an eligible person may irrevocably
11elect to receive an accelerated pension benefit payment in the
12amount that the Fund offers under this subsection in lieu of
13receiving any pension benefit.
14    (c) A person's creditable service under this Article shall
15be terminated upon the person's receipt of an accelerated
16pension benefit payment under this Section, and no other
17benefit shall be paid under this Article based on the
18terminated creditable service, including any retirement,
19survivor, or other benefit.
20    (d) If a person who has received an accelerated pension
21benefit payment under this Section returns to active service
22under this Article, then:
23        (1) Any benefits under the Fund earned as a result of
24    that return to active service shall be based solely on the
25    person's creditable service arising from the return to
26    active service.

 

 

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1        (2) The accelerated pension benefit payment may not be
2    repaid to the Fund, and the terminated creditable service
3    may not under any circumstances be reinstated.
4    (e) As a condition of receiving an accelerated pension
5benefit payment, the accelerated pension benefit payment must
6be transferred into a tax qualified retirement plan or
7account. The accelerated pension benefit payment under this
8Section may be subject to withholding or payment of applicable
9taxes, but to the extent permitted by federal law, a person who
10receives an accelerated pension benefit payment under this
11Section must direct the Fund to pay all of that payment as a
12rollover into another retirement plan or account qualified
13under the Internal Revenue Code of 1986, as amended.
14    (f) Before accepting a member's irrevocable election to
15receive an accelerated pension benefit payment under this
16Section, the Fund shall verify that it has a sufficient amount
17of moneys to pay for the accelerated pension benefit payment
18from the contribution remitted by the employer for that
19purpose. Moneys remitted to the Fund for the purpose of the
20accelerated pension benefit program must be kept in a separate
21account. If the Fund determines it does not have sufficient
22moneys to make the accelerated pension benefit payment, then
23the Fund shall not accept the member's irrevocable election
24and shall notify the member of that fact. The member may
25reapply for the accelerated pension benefit payment after that
26fiscal year. Elections shall be processed and paid in the

 

 

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1order in which complete applications are received by the Fund,
2subject to the availability of funds. If the Fund accepts the
3member's irrevocable election to receive an accelerated
4pension benefit payment under this Section, then the Fund
5shall transfer, from the moneys remitted to the Fund for that
6purpose, the amount of the accelerated pension benefit payment
7into the member's eligible retirement plan or qualified
8account. If any moneys remain in the account maintained by the
9Fund for the purpose of the accelerated pension benefit
10program at the end of the fiscal year, the Fund must remit
11those moneys back to the employer within one month after the
12end of the fiscal year, unless the employer notifies the Fund
13at least one month before the end of the fiscal year that the
14funds shall remain in the account to be used for the subsequent
15fiscal year.
16    (g) The Board shall adopt any rules, including emergency
17rules, necessary to implement this Section.
18    (h) No provision of this Section shall be interpreted in a
19way that would cause the Fund to cease to be a qualified plan
20under the Internal Revenue Code of 1986.
 
21    (40 ILCS 5/5-218.6 new)
22    Sec. 5-218.6. Accelerated pension benefit payment for a
23reduction in annual retirement annuity increases.
24    (a) As used in this Section:
25    "Accelerated pension benefit payment" means a lump sum

 

 

10400SB3404sam001- 21 -LRB104 18864 RPS 37002 a

1payment equal to 70% of the difference of the present value of
2the automatic annual increases to a Tier 1 member's retirement
3annuity and survivor's annuity using the formula applicable to
4the Tier 1 member and the present value of the automatic annual
5increases to the Tier 1 member's retirement annuity using the
6formula provided under subsection (b-5).
7    "Eligible person" means a person who:
8        (1) is a Tier 1 member;
9        (2) has submitted an application for a retirement
10    annuity under this Article;
11        (3) meets the age and service requirements for
12    receiving a retirement annuity under this Article;
13        (4) has not received any retirement annuity under this
14    Article; and
15        (5) has not made the election under Section 5-218.5.
16    "Tier 1 member" means a person who first became a
17policeman before January 1, 2011.
18    (b) Until June 30, 2028, if an employer elects to provide
19funding for an accelerated pension benefit program, then as
20soon as practical after June 30, 2026 or as soon as practical
21after the employer makes that election, whichever is later,
22the Fund shall implement an accelerated pension benefit
23payment option for eligible persons. Upon the request of an
24eligible person, if the employer has elected to provide
25funding for an accelerated pension benefit program, the Fund
26shall calculate, using actuarial tables and other assumptions

 

 

10400SB3404sam001- 22 -LRB104 18864 RPS 37002 a

1adopted by the Board, an accelerated pension benefit payment
2amount and shall offer that eligible person the opportunity to
3irrevocably elect to have his or her automatic annual
4increases in retirement pension calculated in accordance with
5the formula provided under subsection (b-5) in exchange for
6the accelerated pension benefit payment. The election under
7this subsection must be made before the eligible person
8receives the first payment of a retirement pension otherwise
9payable under this Article. An eligible person is limited to
10one calculation and offer per fiscal year.
11    (b-5) Notwithstanding any other provision of law, the
12retirement annuity of a person who made the election under
13subsection (b) shall be subject to annual increases on the
14January 1 occurring either on or after the attainment of age 67
15or the first anniversary of the annuity start date, whichever
16is later. Each annual increase shall be calculated at 1.5% of
17the originally granted retirement annuity.
18    (c) If a person who has received an accelerated pension
19benefit payment returns to active service under this Article,
20then:
21        (1) the calculation of any future automatic annual
22    increase in retirement annuity shall be calculated in
23    accordance with the formula provided under subsection
24    (b-5); and
25        (2) the accelerated pension benefit payment may not be
26    repaid to the Fund.

 

 

10400SB3404sam001- 23 -LRB104 18864 RPS 37002 a

1    (d) As a condition of receiving an accelerated pension
2benefit payment, the accelerated pension benefit payment must
3be transferred into a tax qualified retirement plan or
4account. The accelerated pension benefit payment under this
5Section may be subject to withholding or payment of applicable
6taxes, but to the extent permitted by federal law, a person who
7receives an accelerated pension benefit payment under this
8Section must direct the Fund to pay all of that payment as a
9rollover into another retirement plan or account qualified
10under the Internal Revenue Code of 1986, as amended.
11    (d-5) Before accepting a member's irrevocable election to
12receive an accelerated pension benefit payment under this
13Section, the Fund shall verify that it has a sufficient amount
14of moneys to pay for the accelerated pension benefit payment
15from the contribution remitted by the employer for that
16purpose. Moneys remitted to the Fund for the purpose of this
17program must be kept in a separate account. If the Fund
18determines it does not have sufficient moneys to make the
19accelerated pension benefit payment, then the Fund shall not
20accept the member's irrevocable election and shall notify the
21member of that fact. The member may reapply for the
22accelerated pension benefit payment after that fiscal year.
23Elections shall be processed and paid in the order in which
24complete applications are received by the Fund, subject to the
25availability of funds. If the Fund accepts the member's
26irrevocable election to receive an accelerated pension benefit

 

 

10400SB3404sam001- 24 -LRB104 18864 RPS 37002 a

1payment under this Section, then the Fund shall transfer, from
2the moneys remitted to the Fund for that purpose, the amount of
3the accelerated pension benefit payment into the member's
4eligible retirement plan or qualified account. If any moneys
5remain in the account at the end of the fiscal year, the Fund
6must remit those moneys back to the employer within one month
7after the end of the fiscal year, unless the employer notifies
8the Fund at least one month before the end of the fiscal year
9that the funds shall remain in the account to be used for the
10accelerated pension benefit program for the subsequent fiscal
11year.
12    (e) The Board shall adopt any rules, including emergency
13rules, necessary to implement this Section.
14    (f) No provision of this Section shall be interpreted in a
15way that would cause the Fund to cease to be a qualified plan
16under the Internal Revenue Code of 1986.
 
17    (40 ILCS 5/6-213.5 new)
18    Sec. 6-213.5. Accelerated pension benefit payment in lieu
19of any pension benefit.
20    (a) As used in this Section:
21    "Eligible person" means a person who:
22        (1) has terminated service;
23        (2) has accrued sufficient service credit to be
24    eligible to receive a retirement annuity under this
25    Article;

 

 

10400SB3404sam001- 25 -LRB104 18864 RPS 37002 a

1        (3) has not received any retirement annuity under this
2    Article; and
3        (4) has not made the election under Section 6-213.6.
4    "Pension benefit" means the benefits under this Article,
5or Article 1 as it relates to those benefits, including any
6anticipated annual increases, that an eligible person is
7entitled to upon attainment of the applicable retirement age.
8"Pension benefit" also includes applicable survivor's or
9disability benefits.
10    (b) If an employer has elected to provide funding for an
11accelerated pension benefit program, then as soon as practical
12after June 30, 2026 or as soon as practical after the employer
13has made that election, whichever is later, the Fund shall
14calculate, using actuarial tables and other assumptions
15adopted by the Board, the present value of pension benefits
16for each eligible person who requests that information and
17shall offer each eligible person the opportunity to
18irrevocably elect to receive an amount determined by the Fund
19to be equal to 60% of the present value of his or her pension
20benefits in lieu of receiving any pension benefit. The offer
21shall specify the dollar amount that the eligible person will
22receive if he or she so elects and shall expire when a
23subsequent offer is made to an eligible person. An eligible
24person is limited to one calculation and offer per fiscal
25year. The Fund shall make a good faith effort to contact every
26eligible person to notify him or her of the election.

 

 

10400SB3404sam001- 26 -LRB104 18864 RPS 37002 a

1    Until June 30, 2028, an eligible person may irrevocably
2elect to receive an accelerated pension benefit payment in the
3amount that the Fund offers under this subsection in lieu of
4receiving any pension benefit.
5    (c) A person's creditable service under this Article shall
6be terminated upon the person's receipt of an accelerated
7pension benefit payment under this Section, and no other
8benefit shall be paid under this Article based on the
9terminated creditable service, including any retirement,
10survivor, or other benefit.
11    (d) If a person who has received an accelerated pension
12benefit payment under this Section returns to active service
13under this Article, then:
14        (1) Any benefits under the Fund earned as a result of
15    that return to active service shall be based solely on the
16    person's creditable service arising from the return to
17    active service.
18        (2) The accelerated pension benefit payment may not be
19    repaid to the Fund, and the terminated creditable service
20    may not under any circumstances be reinstated.
21    (e) As a condition of receiving an accelerated pension
22benefit payment, the accelerated pension benefit payment must
23be transferred into a tax qualified retirement plan or
24account. The accelerated pension benefit payment under this
25Section may be subject to withholding or payment of applicable
26taxes, but to the extent permitted by federal law, a person who

 

 

10400SB3404sam001- 27 -LRB104 18864 RPS 37002 a

1receives an accelerated pension benefit payment under this
2Section must direct the Fund to pay all of that payment as a
3rollover into another retirement plan or account qualified
4under the Internal Revenue Code of 1986, as amended.
5    (f) Before accepting a member's irrevocable election to
6receive an accelerated pension benefit payment under this
7Section, the Fund shall verify that it has a sufficient amount
8of moneys to pay for the accelerated pension benefit payment
9from the contribution remitted by the employer for that
10purpose. Moneys remitted to the Fund for the purpose of the
11accelerated pension benefit program must be kept in a separate
12account. If the Fund determines it does not have sufficient
13moneys to make the accelerated pension benefit payment, then
14the Fund shall not accept the member's irrevocable election
15and shall notify the member of that fact. The member may
16reapply for the accelerated pension benefit payment after that
17fiscal year. Elections shall be processed and paid in the
18order in which complete applications are received by the Fund,
19subject to the availability of funds. If the Fund accepts the
20member's irrevocable election to receive an accelerated
21pension benefit payment under this Section, then the Fund
22shall transfer, from the moneys remitted to the Fund for that
23purpose, the amount of the accelerated pension benefit payment
24into the member's eligible retirement plan or qualified
25account. If any moneys remain in the account maintained by the
26Fund for the purpose of the accelerated pension benefit

 

 

10400SB3404sam001- 28 -LRB104 18864 RPS 37002 a

1program at the end of the fiscal year, the Fund must remit
2those moneys back to the employer within one month after the
3end of the fiscal year, unless the employer notifies the Fund
4at least one month before the end of the fiscal year that the
5funds shall remain in the account to be used for the subsequent
6fiscal year.
7    (g) The Board shall adopt any rules, including emergency
8rules, necessary to implement this Section.
9    (h) No provision of this Section shall be interpreted in a
10way that would cause the Fund to cease to be a qualified plan
11under the Internal Revenue Code of 1986.
 
12    (40 ILCS 5/6-213.6 new)
13    Sec. 6-213.6. Accelerated pension benefit payment for a
14reduction in annual retirement annuity increases.
15    (a) As used in this Section:
16    "Accelerated pension benefit payment" means a lump sum
17payment equal to 70% of the difference of the present value of
18the automatic annual increases to a Tier 1 member's retirement
19annuity and survivor's annuity using the formula applicable to
20the Tier 1 member and the present value of the automatic annual
21increases to the Tier 1 member's retirement annuity using the
22formula provided under subsection (b-5). "Eligible person"
23means a person who:
24        (1) is a Tier 1 member;
25        (2) has submitted an application for a retirement

 

 

10400SB3404sam001- 29 -LRB104 18864 RPS 37002 a

1    annuity under this Article;
2        (3) meets the age and service requirements for
3    receiving a retirement annuity under this Article;
4        (4) has not received any retirement annuity under this
5    Article; and
6        (5) has not made the election under Section 6-213.5.
7    "Tier 1 member" means a person who first became a fireman
8under this Article before January 1, 2011.
9    (b) Until June 30, 2028, if an employer elects to provide
10funding for an accelerated pension benefit program, then as
11soon as practical after June 30, 2026 or as soon as practical
12after the employer makes that election, whichever is later,
13the Fund shall implement an accelerated pension benefit
14payment option for eligible persons. Upon the request of an
15eligible person, if the employer has elected to provide
16funding for an accelerated pension benefit program, the Fund
17shall calculate, using actuarial tables and other assumptions
18adopted by the Board, an accelerated pension benefit payment
19amount and shall offer that eligible person the opportunity to
20irrevocably elect to have his or her automatic annual
21increases in retirement pension calculated in accordance with
22the formula provided under subsection (b-5) in exchange for
23the accelerated pension benefit payment. The election under
24this subsection must be made before the eligible person
25receives the first payment of a retirement pension otherwise
26payable under this Article. An eligible person is limited to

 

 

10400SB3404sam001- 30 -LRB104 18864 RPS 37002 a

1one calculation and offer per fiscal year.
2    (b-5) Notwithstanding any other provision of law, the
3retirement annuity of a person who made the election under
4subsection (b) shall be subject to annual increases on the
5January 1 occurring either on or after the attainment of age 67
6or the first anniversary of the annuity start date, whichever
7is later. Each annual increase shall be calculated at 1.5% of
8the originally granted retirement annuity.
9    (c) If a person who has received an accelerated pension
10benefit payment returns to active service under this Article,
11then:
12        (1) the calculation of any future automatic annual
13    increase in retirement annuity shall be calculated in
14    accordance with the formula provided under subsection
15    (b-5); and
16        (2) the accelerated pension benefit payment may not be
17    repaid to the Fund.
18    (d) As a condition of receiving an accelerated pension
19benefit payment, the accelerated pension benefit payment must
20be transferred into a tax qualified retirement plan or
21account. The accelerated pension benefit payment under this
22Section may be subject to withholding or payment of applicable
23taxes, but to the extent permitted by federal law, a person who
24receives an accelerated pension benefit payment under this
25Section must direct the Fund to pay all of that payment as a
26rollover into another retirement plan or account qualified

 

 

10400SB3404sam001- 31 -LRB104 18864 RPS 37002 a

1under the Internal Revenue Code of 1986, as amended.
2    (d-5) Before accepting a member's irrevocable election to
3receive an accelerated pension benefit payment under this
4Section, the Fund shall verify that it has a sufficient amount
5of moneys to pay for the accelerated pension benefit payment
6from the contribution remitted by the employer for that
7purpose. Moneys remitted to the Fund for the purpose of this
8program must be kept in a separate account. If the Fund
9determines it does not have sufficient moneys to make the
10accelerated pension benefit payment, then the Fund shall not
11accept the member's irrevocable election and shall notify the
12member of that fact. The member may reapply for the
13accelerated pension benefit payment after that fiscal year.
14Elections shall be processed and paid in the order in which
15complete applications are received by the Fund, subject to the
16availability of funds. If the Fund accepts the member's
17irrevocable election to receive an accelerated pension benefit
18payment under this Section, then the Fund shall transfer, from
19the moneys remitted to the Fund for that purpose, the amount of
20the accelerated pension benefit payment into the member's
21eligible retirement plan or qualified account. If any moneys
22remain in the account at the end of the fiscal year, the Fund
23must remit those moneys back to the employer within one month
24after the end of the fiscal year, unless the employer notifies
25the Fund at least one month before the end of the fiscal year
26that the funds shall remain in the account to be used for the

 

 

10400SB3404sam001- 32 -LRB104 18864 RPS 37002 a

1accelerated pension benefit program for the subsequent fiscal
2year.
3    (e) The Board shall adopt any rules, including emergency
4rules, necessary to implement this Section.
5    (f) No provision of this Section shall be interpreted in a
6way that would cause the Fund to cease to be a qualified plan
7under the Internal Revenue Code of 1986.
 
8    (40 ILCS 5/8-244.5 new)
9    Sec. 8-244.5. Accelerated pension benefit payment in lieu
10of any pension benefit.
11    (a) As used in this Section:
12    "Eligible person" means a person who:
13        (1) has terminated service;
14        (2) has accrued sufficient service credit to be
15    eligible to receive a retirement annuity under this
16    Article;
17        (3) has not received any retirement annuity under this
18    Article; and
19        (4) has not made the election under Section 8-244.6.
20    "Pension benefit" means the benefits under this Article,
21or Article 1 as it relates to those benefits, including any
22anticipated annual increases, that an eligible person is
23entitled to upon attainment of the applicable retirement age.
24"Pension benefit" also includes applicable survivor's or
25disability benefits.

 

 

10400SB3404sam001- 33 -LRB104 18864 RPS 37002 a

1    (b) If an employer has elected to provide funding for an
2accelerated pension benefit program, then as soon as practical
3after June 30, 2026 or as soon as practical after the employer
4has made that election, whichever is later, the Fund shall
5calculate, using actuarial tables and other assumptions
6adopted by the Board, the present value of pension benefits
7for each eligible person who requests that information and
8shall offer each eligible person the opportunity to
9irrevocably elect to receive an amount determined by the Fund
10to be equal to 60% of the present value of his or her pension
11benefits in lieu of receiving any pension benefit. The offer
12shall specify the dollar amount that the eligible person will
13receive if he or she so elects and shall expire when a
14subsequent offer is made to an eligible person. An eligible
15person is limited to one calculation and offer per fiscal
16year. The Fund shall make a good faith effort to contact every
17eligible person to notify him or her of the election.
18    Until June 30, 2028, an eligible person may irrevocably
19elect to receive an accelerated pension benefit payment in the
20amount that the Fund offers under this subsection in lieu of
21receiving any pension benefit. A person who elects to receive
22an accelerated pension benefit payment under this Section may
23not elect to proceed under the Retirement Systems Reciprocal
24Act with respect to service under this Article.
25    (c) A person's creditable service under this Article shall
26be terminated upon the person's receipt of an accelerated

 

 

10400SB3404sam001- 34 -LRB104 18864 RPS 37002 a

1pension benefit payment under this Section, and no other
2benefit shall be paid under this Article based on the
3terminated creditable service, including any retirement,
4survivor, or other benefit.
5    (d) If a person who has received an accelerated pension
6benefit payment under this Section returns to active service
7under this Article, then:
8        (1) Any benefits under the Fund earned as a result of
9    that return to active service shall be based solely on the
10    person's creditable service arising from the return to
11    active service.
12        (2) The accelerated pension benefit payment may not be
13    repaid to the Fund, and the terminated creditable service
14    may not under any circumstances be reinstated.
15    (e) As a condition of receiving an accelerated pension
16benefit payment, the accelerated pension benefit payment must
17be transferred into a tax qualified retirement plan or
18account. The accelerated pension benefit payment under this
19Section may be subject to withholding or payment of applicable
20taxes, but to the extent permitted by federal law, a person who
21receives an accelerated pension benefit payment under this
22Section must direct the Fund to pay all of that payment as a
23rollover into another retirement plan or account qualified
24under the Internal Revenue Code of 1986, as amended.
25    (f) Before accepting a member's irrevocable election to
26receive an accelerated pension benefit payment under this

 

 

10400SB3404sam001- 35 -LRB104 18864 RPS 37002 a

1Section, the Fund shall verify that it has a sufficient amount
2of moneys to pay for the accelerated pension benefit payment
3from the contribution remitted by the employer for that
4purpose. Moneys remitted to the Fund for the purpose of the
5accelerated pension benefit program must be kept in a separate
6account. If the Fund determines it does not have sufficient
7moneys to make the accelerated pension benefit payment, then
8the Fund shall not accept the member's irrevocable election
9and shall notify the member of that fact. The member may
10reapply for the accelerated pension benefit payment after that
11fiscal year. Elections shall be processed and paid in the
12order in which complete applications are received by the Fund,
13subject to the availability of funds. If the Fund accepts the
14member's irrevocable election to receive an accelerated
15pension benefit payment under this Section, then the Fund
16shall transfer, from the moneys remitted to the Fund for that
17purpose, the amount of the accelerated pension benefit payment
18into the member's eligible retirement plan or qualified
19account. If any moneys remain in the account maintained by the
20Fund for the purpose of the accelerated pension benefit
21program at the end of the fiscal year, the Fund must remit
22those moneys back to the employer within one month after the
23end of the fiscal year, unless the employer notifies the Fund
24at least one month before the end of the fiscal year that the
25funds shall remain in the account to be used for the subsequent
26fiscal year.

 

 

10400SB3404sam001- 36 -LRB104 18864 RPS 37002 a

1    (g) The Board shall adopt any rules, including emergency
2rules, necessary to implement this Section.
3    (h) No provision of this Section shall be interpreted in a
4way that would cause the Fund to cease to be a qualified plan
5under the Internal Revenue Code of 1986.
 
6    (40 ILCS 5/8-244.6 new)
7    Sec. 8-244.6. Accelerated pension benefit payment for a
8reduction in annual retirement annuity.
9    (a) As used in this Section:
10    "Accelerated pension benefit payment" means a lump sum
11payment equal to 70% of the difference of the present value of
12the automatic annual increases to a Tier 1 member's retirement
13annuity using the formula applicable to the Tier 1 member and
14the present value of the automatic annual increases to the
15Tier 1 member's retirement annuity using the formula provided
16under subsection (b-5).
17    "Eligible person" means a person who:
18        (1) is a Tier 1 member;
19        (2) has submitted an application for a retirement
20    annuity under this Article;
21        (3) meets the age and service requirements for
22    receiving a retirement annuity under this Article;
23        (4) has not received any retirement annuity under this
24    Article; and
25        (5) has not made the election under Section 8-244.5.

 

 

10400SB3404sam001- 37 -LRB104 18864 RPS 37002 a

1    "Tier 1 member" means an employee who first became a
2participant under this Article or any reciprocal retirement
3system or pension fund established under this Code before
4January 1, 2011.
5    (b) Until June 30, 2028, if an employer elects to provide
6funding for an accelerated pension benefit program, then as
7soon as practical after June 30, 2026 or as soon as practical
8after the employer makes that election, whichever is later,
9the Fund shall implement an accelerated pension benefit
10payment option for eligible persons. Upon the request of an
11eligible person, if the employer has elected to provide
12funding for an accelerated pension benefit program, the Fund
13shall calculate, using actuarial tables and other assumptions
14adopted by the Board, an accelerated pension benefit payment
15amount and shall offer that eligible person the opportunity to
16irrevocably elect to have his or her automatic annual
17increases in retirement pension calculated in accordance with
18the formula provided under subsection (b-5) in exchange for
19the accelerated pension benefit payment. The election under
20this subsection must be made before the eligible person
21receives the first payment of a retirement pension otherwise
22payable under this Article. An eligible person is limited to
23one calculation and offer per fiscal year.
24    (b-5) Notwithstanding any other provision of law, the
25retirement annuity of a person who made the election under
26subsection (b) shall be subject to annual increases on the

 

 

10400SB3404sam001- 38 -LRB104 18864 RPS 37002 a

1January 1 occurring either on or after the attainment of age 67
2or the first anniversary of the annuity start date, whichever
3is later. Each annual increase shall be calculated at 1.5% of
4the originally granted retirement annuity.
5    (c) If a person who has received an accelerated pension
6benefit payment returns to active service under this Article,
7then:
8        (1) the calculation of any future automatic annual
9    increase in retirement annuity shall be calculated in
10    accordance with the formula provided under subsection
11    (b-5); and
12        (2) the accelerated pension benefit payment may not be
13    repaid to the Fund.
14    (d) As a condition of receiving an accelerated pension
15benefit payment, the accelerated pension benefit payment must
16be transferred into a tax qualified retirement plan or
17account. The accelerated pension benefit payment under this
18Section may be subject to withholding or payment of applicable
19taxes, but to the extent permitted by federal law, a person who
20receives an accelerated pension benefit payment under this
21Section must direct the Fund to pay all of that payment as a
22rollover into another retirement plan or account qualified
23under the Internal Revenue Code of 1986, as amended.
24    (d-5) Before accepting a member's irrevocable election to
25receive an accelerated pension benefit payment under this
26Section, the Fund shall verify that it has a sufficient amount

 

 

10400SB3404sam001- 39 -LRB104 18864 RPS 37002 a

1of moneys to pay for the accelerated pension benefit payment
2from the contribution remitted by the employer for that
3purpose. Moneys remitted to the Fund for the purpose of this
4program must be kept in a separate account. If the Fund
5determines it does not have sufficient moneys to make the
6accelerated pension benefit payment, then the Fund shall not
7accept the member's irrevocable election and shall notify the
8member of that fact. The member may reapply for the
9accelerated pension benefit payment after that fiscal year.
10Elections shall be processed and paid in the order in which
11complete applications are received by the Fund, subject to the
12availability of funds. If the Fund accepts the member's
13irrevocable election to receive an accelerated pension benefit
14payment under this Section, then the Fund shall transfer, from
15the moneys remitted to the Fund for that purpose, the amount of
16the accelerated pension benefit payment into the member's
17eligible retirement plan or qualified account. If any moneys
18remain in the account at the end of the fiscal year, the Fund
19must remit those moneys back to the employer within one month
20after the end of the fiscal year, unless the employer notifies
21the Fund at least one month before the end of the fiscal year
22that the funds shall remain in the account to be used for the
23accelerated pension benefit program for the subsequent fiscal
24year.
25    (e) The Board shall adopt any rules, including emergency
26rules, necessary to implement this Section.

 

 

10400SB3404sam001- 40 -LRB104 18864 RPS 37002 a

1    (f) No provision of this Section shall be interpreted in a
2way that would cause the Fund to cease to be a qualified plan
3under the Internal Revenue Code of 1986.
 
4    (40 ILCS 5/9-134.6 new)
5    Sec. 9-134.6. Accelerated pension benefit payment in lieu
6of any pension benefit.
7    (a) As used in this Section:
8    "Eligible person" means a person who:
9        (1) has terminated service;
10        (2) has accrued sufficient service credit to be
11    eligible to receive a retirement annuity under this
12    Article;
13        (3) has not received any retirement annuity under this
14    Article; and
15        (4) has not made the election under Section 9-134.7.
16    "Pension benefit" means the benefits under this Article,
17or Article 1 as it relates to those benefits, including any
18anticipated annual increases, that an eligible person is
19entitled to upon attainment of the applicable retirement age.
20"Pension benefit" also includes applicable survivor's,
21widow's, or disability benefits.
22    (b) If an employer has elected to provide funding for an
23accelerated pension benefit program, then as soon as practical
24after June 30, 2026 or as soon as practical after the employer
25has made that election, whichever is later, the Fund shall

 

 

10400SB3404sam001- 41 -LRB104 18864 RPS 37002 a

1calculate, using actuarial tables and other assumptions
2adopted by the Board, the present value of pension benefits
3for each eligible person who requests that information and
4shall offer each eligible person the opportunity to
5irrevocably elect to receive an amount determined by the Fund
6to be equal to 60% of the present value of his or her pension
7benefits in lieu of receiving any pension benefit. The offer
8shall specify the dollar amount that the eligible person will
9receive if he or she so elects and shall expire when a
10subsequent offer is made to an eligible person. An eligible
11person is limited to one calculation and offer per fiscal
12year. The Fund shall make a good faith effort to contact every
13eligible person to notify him or her of the election.
14    Until June 30, 2028, an eligible person may irrevocably
15elect to receive an accelerated pension benefit payment in the
16amount that the Fund offers under this subsection in lieu of
17receiving any pension benefit. A person who elects to receive
18an accelerated pension benefit payment under this Section may
19not elect to proceed under the Retirement Systems Reciprocal
20Act with respect to service under this Article.
21    (c) A person's creditable service under this Article shall
22be terminated upon the person's receipt of an accelerated
23pension benefit payment under this Section, and no other
24benefit shall be paid under this Article based on the
25terminated creditable service, including any retirement,
26survivor, or other benefit.

 

 

10400SB3404sam001- 42 -LRB104 18864 RPS 37002 a

1    (d) If a person who has received an accelerated pension
2benefit payment under this Section returns to active service
3under this Article, then:
4        (1) Any benefits under the Fund earned as a result of
5    that return to active service shall be based solely on the
6    person's creditable service arising from the return to
7    active service.
8        (2) The accelerated pension benefit payment may not be
9    repaid to the Fund, and the terminated creditable service
10    may not under any circumstances be reinstated.
11    (e) As a condition of receiving an accelerated pension
12benefit payment, the accelerated pension benefit payment must
13be transferred into a tax qualified retirement plan or
14account. The accelerated pension benefit payment under this
15Section may be subject to withholding or payment of applicable
16taxes, but to the extent permitted by federal law, a person who
17receives an accelerated pension benefit payment under this
18Section must direct the Fund to pay all of that payment as a
19rollover into another retirement plan or account qualified
20under the Internal Revenue Code of 1986, as amended.
21    (f) Before accepting a member's irrevocable election to
22receive an accelerated pension benefit payment under this
23Section, the Fund shall verify that it has a sufficient amount
24of moneys to pay for the accelerated pension benefit payment
25from the contribution remitted by the employer for that
26purpose. Moneys remitted to the Fund for the purpose of the

 

 

10400SB3404sam001- 43 -LRB104 18864 RPS 37002 a

1accelerated pension benefit program must be kept in a separate
2account. If the Fund determines it does not have sufficient
3moneys to make the accelerated pension benefit payment, then
4the Fund shall not accept the member's irrevocable election
5and shall notify the member of that fact. The member may
6reapply for the accelerated pension benefit payment after that
7fiscal year. Elections shall be processed and paid in the
8order in which complete applications are received by the Fund,
9subject to the availability of funds. If the Fund accepts the
10member's irrevocable election to receive an accelerated
11pension benefit payment under this Section, then the Fund
12shall transfer, from the moneys remitted to the Fund for that
13purpose, the amount of the accelerated pension benefit payment
14into the member's eligible retirement plan or qualified
15account. If any moneys remain in the account maintained by the
16Fund for the purpose of the accelerated pension benefit
17program at the end of the fiscal year, the Fund must remit
18those moneys back to the employer within one month after the
19end of the fiscal year, unless the employer notifies the Fund
20at least one month before the end of the fiscal year that the
21funds shall remain in the account to be used for the subsequent
22fiscal year.
23    (g) The Board shall adopt any rules, including emergency
24rules, necessary to implement this Section.
25    (h) No provision of this Section shall be interpreted in a
26way that would cause the Fund to cease to be a qualified plan

 

 

10400SB3404sam001- 44 -LRB104 18864 RPS 37002 a

1under the Internal Revenue Code of 1986.
 
2    (40 ILCS 5/9-134.7 new)
3    Sec. 9-134.7. Accelerated pension benefit payment for a
4reduction in annual retirement annuity and widow's annuity
5increases.
6    (a) As used in this Section:
7    "Accelerated pension benefit payment" means a lump sum
8payment equal to 70% of the difference of the present value of
9the automatic annual increases to a Tier 1 member's retirement
10annuity and widow's annuity using the formula applicable to
11the Tier 1 member and the present value of the automatic annual
12increases to the Tier 1 member's retirement annuity using the
13formula provided under subsection (b-5) and widow's annuity
14using the formula provided under subsection (b-6). "Eligible
15person" means a person who:
16        (1) is a Tier 1 member;
17        (2) has submitted an application for a retirement
18    annuity under this Article;
19        (3) meets the age and service requirements for
20    receiving a retirement annuity under this Article;
21        (4) has not received any retirement annuity under this
22    Article; and
23        (5) has not made the election under Section 9-134.6.
24    "Tier 1 member" means a person who first became a
25participant under this Article or any reciprocal retirement

 

 

10400SB3404sam001- 45 -LRB104 18864 RPS 37002 a

1system or pension fund established under this Code before
2January 1, 2011.
3    (b) Until June 30, 2028, if an employer elects to provide
4funding for an accelerated pension benefit program, then as
5soon as practical after June 30, 2026 or as soon as practical
6after the employer makes that election, whichever is later,
7the Fund shall implement an accelerated pension benefit
8payment option for eligible persons. Upon the request of an
9eligible person, if the employer has elected to provide
10funding for an accelerated pension benefit program, the Fund
11shall calculate, using actuarial tables and other assumptions
12adopted by the Board, an accelerated pension benefit payment
13amount and shall offer that eligible person the opportunity to
14irrevocably elect to have his or her automatic annual
15increases in retirement pension calculated in accordance with
16the formula provided under subsection (b-5) in exchange for
17the accelerated pension benefit payment. The election under
18this subsection must be made before the eligible person
19receives the first payment of a retirement pension otherwise
20payable under this Article. An eligible person is limited to
21one calculation and offer per fiscal year.
22    (b-5) Notwithstanding any other provision of law, the
23retirement annuity of a person who made the election under
24subsection (b) shall be subject to annual increases on the
25January 1 occurring either on or after the attainment of age 67
26or the first anniversary of the annuity start date, whichever

 

 

10400SB3404sam001- 46 -LRB104 18864 RPS 37002 a

1is later. Each annual increase shall be calculated at 1.5% of
2the originally granted retirement annuity.
3    (b-6) Notwithstanding any other provision of law, a
4widow's annuity payable to a widow's annuity beneficiary of a
5person who made the election under subsection (b) shall be
6subject to annual increases on the January 1 occurring on or
7after the first anniversary of the commencement of the
8annuity. Each annual increase shall be calculated at 1.5% of
9the originally granted widow's annuity.
10    (c) If a person who has received an accelerated pension
11benefit payment returns to active service under this Article,
12then:
13        (1) the calculation of any future automatic annual
14    increase in retirement annuity shall be calculated in
15    accordance with the formula provided under subsection
16    (b-5); and
17        (2) the accelerated pension benefit payment may not be
18    repaid to the Fund.
19    (d) As a condition of receiving an accelerated pension
20benefit payment, the accelerated pension benefit payment must
21be transferred into a tax qualified retirement plan or
22account. The accelerated pension benefit payment under this
23Section may be subject to withholding or payment of applicable
24taxes, but to the extent permitted by federal law, a person who
25receives an accelerated pension benefit payment under this
26Section must direct the Fund to pay all of that payment as a

 

 

10400SB3404sam001- 47 -LRB104 18864 RPS 37002 a

1rollover into another retirement plan or account qualified
2under the Internal Revenue Code of 1986, as amended.
3    (d-5) Before accepting a member's irrevocable election to
4receive an accelerated pension benefit payment under this
5Section, the Fund shall verify that it has a sufficient amount
6of moneys to pay for the accelerated pension benefit payment
7from the contribution remitted by the employer for that
8purpose. Moneys remitted to the Fund for the purpose of this
9program must be kept in a separate account. If the Fund
10determines it does not have sufficient moneys to make the
11accelerated pension benefit payment, then the Fund shall not
12accept the member's irrevocable election and shall notify the
13member of that fact. The member may reapply for the
14accelerated pension benefit payment after that fiscal year.
15Elections shall be processed and paid in the order in which
16complete applications are received by the Fund, subject to the
17availability of funds. If the Fund accepts the member's
18irrevocable election to receive an accelerated pension benefit
19payment under this Section, then the Fund shall transfer, from
20the moneys remitted to the Fund for that purpose, the amount of
21the accelerated pension benefit payment into the member's
22eligible retirement plan or qualified account. If any moneys
23remain in the account at the end of the fiscal year, the Fund
24must remit those moneys back to the employer within one month
25after the end of the fiscal year, unless the employer notifies
26the Fund at least one month before the end of the fiscal year

 

 

10400SB3404sam001- 48 -LRB104 18864 RPS 37002 a

1that the funds shall remain in the account to be used for the
2accelerated pension benefit program for the subsequent fiscal
3year.
4    (e) The Board shall adopt any rules, including emergency
5rules, necessary to implement this Section.
6    (f) No provision of this Section shall be interpreted in a
7way that would cause the Fund to cease to be a qualified plan
8under the Internal Revenue Code of 1986.
 
9    (40 ILCS 5/10-104.6 new)
10    Sec. 10-104.6. Accelerated pension benefit payment in lieu
11of any pension benefit.
12    (a) As used in this Section:
13    "Eligible person" means a person who:
14        (1) has terminated service;
15        (2) has accrued sufficient service credit to be
16    eligible to receive a retirement annuity under this
17    Article;
18        (3) has not received any retirement annuity under this
19    Article; and
20        (4) has not made the election under Section 10-104.7.
21    "Pension benefit" means the benefits under this Article,
22or Article 1 as it relates to those benefits, including any
23anticipated annual increases, that an eligible person is
24entitled to upon attainment of the applicable retirement age.
25"Pension benefit" also includes applicable survivor's,

 

 

10400SB3404sam001- 49 -LRB104 18864 RPS 37002 a

1widow's, or disability benefits.
2    (b) If an employer has elected to provide funding for an
3accelerated pension benefit program, then as soon as practical
4after June 30, 2026 or as soon as practical after the employer
5has made that election, whichever is later, the Fund shall
6calculate, using actuarial tables and other assumptions
7adopted by the Board, the present value of pension benefits
8for each eligible person who requests that information and
9shall offer each eligible person the opportunity to
10irrevocably elect to receive an amount determined by the Fund
11to be equal to 60% of the present value of his or her pension
12benefits in lieu of receiving any pension benefit. The offer
13shall specify the dollar amount that the eligible person will
14receive if he or she so elects and shall expire when a
15subsequent offer is made to an eligible person. An eligible
16person is limited to one calculation and offer per fiscal
17year. The Fund shall make a good faith effort to contact every
18eligible person to notify him or her of the election.
19    Until June 30, 2028, an eligible person may irrevocably
20elect to receive an accelerated pension benefit payment in the
21amount that the Fund offers under this subsection in lieu of
22receiving any pension benefit. A person who elects to receive
23an accelerated pension benefit payment under this Section may
24not elect to proceed under the Retirement Systems Reciprocal
25Act with respect to service under this Article.
26    (c) A person's creditable service under this Article shall

 

 

10400SB3404sam001- 50 -LRB104 18864 RPS 37002 a

1be terminated upon the person's receipt of an accelerated
2pension benefit payment under this Section, and no other
3benefit shall be paid under this Article based on the
4terminated creditable service, including any retirement,
5survivor, or other benefit.
6    (d) If a person who has received an accelerated pension
7benefit payment under this Section returns to active service
8under this Article, then:
9        (1) Any benefits under the Fund earned as a result of
10    that return to active service shall be based solely on the
11    person's creditable service arising from the return to
12    active service.
13        (2) The accelerated pension benefit payment may not be
14    repaid to the Fund, and the terminated creditable service
15    may not under any circumstances be reinstated.
16    (e) As a condition of receiving an accelerated pension
17benefit payment, the accelerated pension benefit payment must
18be transferred into a tax qualified retirement plan or
19account. The accelerated pension benefit payment under this
20Section may be subject to withholding or payment of applicable
21taxes, but to the extent permitted by federal law, a person who
22receives an accelerated pension benefit payment under this
23Section must direct the Fund to pay all of that payment as a
24rollover into another retirement plan or account qualified
25under the Internal Revenue Code of 1986, as amended.
26    (f) Before accepting a member's irrevocable election to

 

 

10400SB3404sam001- 51 -LRB104 18864 RPS 37002 a

1receive an accelerated pension benefit payment under this
2Section, the Fund shall verify that it has a sufficient amount
3of moneys to pay for the accelerated pension benefit payment
4from the contribution remitted by the employer for that
5purpose. Moneys remitted to the Fund for the purpose of the
6accelerated pension benefit program must be kept in a separate
7account. If the Fund determines it does not have sufficient
8moneys to make the accelerated pension benefit payment, then
9the Fund shall not accept the member's irrevocable election
10and shall notify the member of that fact. The member may
11reapply for the accelerated pension benefit payment after that
12fiscal year. Elections shall be processed and paid in the
13order in which complete applications are received by the Fund,
14subject to the availability of funds. If the Fund accepts the
15member's irrevocable election to receive an accelerated
16pension benefit payment under this Section, then the Fund
17shall transfer, from the moneys remitted to the Fund for that
18purpose, the amount of the accelerated pension benefit payment
19into the member's eligible retirement plan or qualified
20account. If any moneys remain in the account maintained by the
21Fund for the purpose of the accelerated pension benefit
22program at the end of the fiscal year, the Fund must remit
23those moneys back to the employer within one month after the
24end of the fiscal year, unless the employer notifies the Fund
25at least one month before the end of the fiscal year that the
26funds shall remain in the account to be used for the subsequent

 

 

10400SB3404sam001- 52 -LRB104 18864 RPS 37002 a

1fiscal year.
2    (g) The Board shall adopt any rules, including emergency
3rules, necessary to implement this Section.
4    (h) No provision of this Section shall be interpreted in a
5way that would cause the Fund to cease to be a qualified plan
6under the Internal Revenue Code of 1986.
 
7    (40 ILCS 5/10-104.7 new)
8    Sec. 10-104.7. Accelerated pension benefit payment for a
9reduction in annual retirement annuity and widow's annuity
10increases.
11    (a) As used in this Section:
12    "Accelerated pension benefit payment" means a lump sum
13payment equal to 70% of the difference of the present value of
14the automatic annual increases to a Tier 1 member's retirement
15annuity and widow's annuity using the formula applicable to
16the Tier 1 member and the present value of the automatic annual
17increases to the Tier 1 member's retirement annuity using the
18formula provided under subsection (b-5) and widow's annuity
19using the formula provided under subsection (b-6). "Eligible
20person" means a person who:
21        (1) is a Tier 1 member;
22        (2) has submitted an application for a retirement
23    annuity under this Article;
24        (3) meets the age and service requirements for
25    receiving a retirement annuity under this Article;

 

 

10400SB3404sam001- 53 -LRB104 18864 RPS 37002 a

1        (4) has not received any retirement annuity under this
2    Article; and
3        (5) has not made the election under Section 10-104.6.
4    "Tier 1 member" means a person who first became a
5participant under this Article or any reciprocal retirement
6system or pension fund established under this Code before
7January 1, 2011.
8    (b) Until June 30, 2028, if an employer elects to provide
9funding for an accelerated pension benefit program, then as
10soon as practical after June 30, 2026 or as soon as practical
11after the employer makes that election, whichever is later,
12the Fund shall implement an accelerated pension benefit
13payment option for eligible persons. Upon the request of an
14eligible person, if the employer has elected to provide
15funding for an accelerated pension benefit program, the Fund
16shall calculate, using actuarial tables and other assumptions
17adopted by the Board, an accelerated pension benefit payment
18amount and shall offer that eligible person the opportunity to
19irrevocably elect to have his or her automatic annual
20increases in retirement annuity calculated in accordance with
21the formula provided under subsection (b-5) in exchange for
22the accelerated pension benefit payment. The election under
23this subsection must be made before the eligible person
24receives the first payment of a retirement pension otherwise
25payable under this Article. An eligible person is limited to
26one calculation and offer per fiscal year.

 

 

10400SB3404sam001- 54 -LRB104 18864 RPS 37002 a

1    (b-5) Notwithstanding any other provision of law, the
2retirement annuity of a person who made the election under
3subsection (b) shall be subject to annual increases on the
4January 1 occurring either on or after the attainment of age 67
5or the first anniversary of the annuity start date, whichever
6is later. Each annual increase shall be calculated at 1.5% of
7the originally granted retirement annuity.
8    (b-6) Notwithstanding any other provision of law, a
9widow's annuity payable to a widow's annuity beneficiary of a
10person who made the election under subsection (b) shall be
11subject to annual increases on the January 1 occurring on or
12after the first anniversary of the commencement of the
13annuity. Each annual increase shall be calculated at 1.5% of
14the originally granted widow's annuity.
15    (c) If a person who has received an accelerated pension
16benefit payment returns to active service under this Article,
17then:
18        (1) the calculation of any future automatic annual
19    increase in retirement annuity shall be calculated in
20    accordance with the formula provided under subsection
21    (b-5); and
22        (2) the accelerated pension benefit payment may not be
23    repaid to the Fund.
24    (d) As a condition of receiving an accelerated pension
25benefit payment, the accelerated pension benefit payment must
26be transferred into a tax qualified retirement plan or

 

 

10400SB3404sam001- 55 -LRB104 18864 RPS 37002 a

1account. The accelerated pension benefit payment under this
2Section may be subject to withholding or payment of applicable
3taxes, but to the extent permitted by federal law, a person who
4receives an accelerated pension benefit payment under this
5Section must direct the Fund to pay all of that payment as a
6rollover into another retirement plan or account qualified
7under the Internal Revenue Code of 1986, as amended.
8    (d-5) Before accepting a member's irrevocable election to
9receive an accelerated pension benefit payment under this
10Section, the Fund shall verify that it has a sufficient amount
11of moneys to pay for the accelerated pension benefit payment
12from the contribution remitted by the employer for that
13purpose. Moneys remitted to the Fund for the purpose of this
14program must be kept in a separate account. If the Fund
15determines it does not have sufficient moneys to make the
16accelerated pension benefit payment, then the Fund shall not
17accept the member's irrevocable election and shall notify the
18member of that fact. The member may reapply for the
19accelerated pension benefit payment after that fiscal year.
20Elections shall be processed and paid in the order in which
21complete applications are received by the Fund, subject to the
22availability of funds. If the Fund accepts the member's
23irrevocable election to receive an accelerated pension benefit
24payment under this Section, then the Fund shall transfer, from
25the moneys remitted to the Fund for that purpose, the amount of
26the accelerated pension benefit payment into the member's

 

 

10400SB3404sam001- 56 -LRB104 18864 RPS 37002 a

1eligible retirement plan or qualified account. If any moneys
2remain in the account at the end of the fiscal year, the Fund
3must remit those moneys back to the employer within one month
4after the end of the fiscal year, unless the employer notifies
5the Fund at least one month before the end of the fiscal year
6that the funds shall remain in the account to be used for the
7accelerated pension benefit program for the subsequent fiscal
8year.
9    (e) The Board shall adopt any rules, including emergency
10rules, necessary to implement this Section.
11    (f) No provision of this Section shall be interpreted in a
12way that would cause the Fund to cease to be a qualified plan
13under the Internal Revenue Code of 1986.
 
14    (40 ILCS 5/11-223.5 new)
15    Sec. 11-223.5. Accelerated pension benefit payment in lieu
16of any pension benefit.
17    (a) As used in this Section:
18    "Eligible person" means a person who:
19        (1) has terminated service;
20        (2) has accrued sufficient service credit to be
21    eligible to receive a retirement annuity under this
22    Article;
23        (3) has not received any retirement annuity under this
24    Article; and
25        (4) has not made the election under Section 11-223.6.

 

 

10400SB3404sam001- 57 -LRB104 18864 RPS 37002 a

1    "Pension benefit" means the benefits under this Article,
2or Article 1 as it relates to those benefits, including any
3anticipated annual increases, that an eligible person is
4entitled to upon attainment of the applicable retirement age.
5"Pension benefit" also includes applicable survivor's,
6widow's, or disability benefits.
7    (b) If an employer has elected to provide funding for an
8accelerated pension benefit program, then as soon as practical
9after June 30, 2026 or as soon as practical after the employer
10has made that election, whichever is later, the Fund shall
11calculate, using actuarial tables and other assumptions
12adopted by the Board, the present value of pension benefits
13for each eligible person who requests that information and
14shall offer each eligible person the opportunity to
15irrevocably elect to receive an amount determined by the Fund
16to be equal to 60% of the present value of his or her pension
17benefits in lieu of receiving any pension benefit. The offer
18shall specify the dollar amount that the eligible person will
19receive if he or she so elects and shall expire when a
20subsequent offer is made to an eligible person. An eligible
21person is limited to one calculation and offer per fiscal
22year. The Fund shall make a good faith effort to contact every
23eligible person to notify him or her of the election.
24    Until June 30, 2028, an eligible person may irrevocably
25elect to receive an accelerated pension benefit payment in the
26amount that the Fund offers under this subsection in lieu of

 

 

10400SB3404sam001- 58 -LRB104 18864 RPS 37002 a

1receiving any pension benefit. A person who elects to receive
2an accelerated pension benefit payment under this Section may
3not elect to proceed under the Retirement Systems Reciprocal
4Act with respect to service under this Article.
5    (c) A person's creditable service under this Article shall
6be terminated upon the person's receipt of an accelerated
7pension benefit payment under this Section, and no other
8benefit shall be paid under this Article based on the
9terminated creditable service, including any retirement,
10survivor, widow, or other benefit.
11    (d) If a person who has received an accelerated pension
12benefit payment under this Section returns to active service
13under this Article, then:
14        (1) Any benefits under the Fund earned as a result of
15    that return to active service shall be based solely on the
16    person's creditable service arising from the return to
17    active service.
18        (2) The accelerated pension benefit payment may not be
19    repaid to the Fund, and the terminated creditable service
20    may not under any circumstances be reinstated.
21    (e) As a condition of receiving an accelerated pension
22benefit payment, the accelerated pension benefit payment must
23be transferred into a tax qualified retirement plan or
24account. The accelerated pension benefit payment under this
25Section may be subject to withholding or payment of applicable
26taxes, but to the extent permitted by federal law, a person who

 

 

10400SB3404sam001- 59 -LRB104 18864 RPS 37002 a

1receives an accelerated pension benefit payment under this
2Section must direct the Fund to pay all of that payment as a
3rollover into another retirement plan or account qualified
4under the Internal Revenue Code of 1986, as amended.
5    (f) Before accepting a member's irrevocable election to
6receive an accelerated pension benefit payment under this
7Section, the Fund shall verify that it has a sufficient amount
8of moneys to pay for the accelerated pension benefit payment
9from the contribution remitted by the employer for that
10purpose. Moneys remitted to the Fund for the purpose of the
11accelerated pension benefit program must be kept in a separate
12account. If the Fund determines it does not have sufficient
13moneys to make the accelerated pension benefit payment, then
14the Fund shall not accept the member's irrevocable election
15and shall notify the member of that fact. The member may
16reapply for the accelerated pension benefit payment after that
17fiscal year. Elections shall be processed and paid in the
18order in which complete applications are received by the Fund,
19subject to the availability of funds. If the Fund accepts the
20member's irrevocable election to receive an accelerated
21pension benefit payment under this Section, then the Fund
22shall transfer, from the moneys remitted to the Fund for that
23purpose, the amount of the accelerated pension benefit payment
24into the member's eligible retirement plan or qualified
25account. If any moneys remain in the account maintained by the
26Fund for the purpose of the accelerated pension benefit

 

 

10400SB3404sam001- 60 -LRB104 18864 RPS 37002 a

1program at the end of the fiscal year, the Fund must remit
2those moneys back to the employer within one month after the
3end of the fiscal year, unless the employer notifies the Fund
4at least one month before the end of the fiscal year that the
5funds shall remain in the account to be used for the subsequent
6fiscal year.
7    (g) The Board shall adopt any rules, including emergency
8rules, necessary to implement this Section.
9    (h) No provision of this Section shall be interpreted in a
10way that would cause the Fund to cease to be a qualified plan
11under the Internal Revenue Code of 1986.
 
12    (40 ILCS 5/11-223.6 new)
13    Sec. 11-223.6. Accelerated pension benefit payment for a
14reduction in annual retirement annuity and widow's annuity
15increases.
16    (a) As used in this Section:
17    "Accelerated pension benefit payment" means a lump sum
18payment equal to 70% of the difference of the present value of
19the automatic annual increases to a Tier 1 member's retirement
20annuity and widow's annuity using the formula applicable to
21the Tier 1 member and the present value of the automatic annual
22increases to the Tier 1 member's retirement annuity using the
23formula provided under subsection (b-5).
24    "Eligible person" means a person who:
25        (1) is a Tier 1 member;

 

 

10400SB3404sam001- 61 -LRB104 18864 RPS 37002 a

1        (2) has submitted an application for a retirement
2    annuity under this Article;
3        (3) meets the age and service requirements for
4    receiving a retirement annuity under this Article;
5        (4) has not received any retirement annuity under this
6    Article; and
7        (5) has not made the election under Section 11-223.5.
8    "Tier 1 member" means a person who first became a
9participant under this Article or any reciprocal retirement
10system or pension fund established under this Code before
11January 1, 2011.
12    (b) Until June 30, 2028, if an employer elects to provide
13funding for an accelerated pension benefit program, then as
14soon as practical after June 30, 2026 or as soon as practical
15after the employer makes that election, whichever is later,
16the Fund shall implement an accelerated pension benefit
17payment option for eligible persons. Upon the request of an
18eligible person, if the employer has elected to provide
19funding for an accelerated pension benefit program, the Fund
20shall calculate, using actuarial tables and other assumptions
21adopted by the Board, an accelerated pension benefit payment
22amount and shall offer that eligible person the opportunity to
23irrevocably elect to have his or her automatic annual
24increases in retirement pension calculated in accordance with
25the formula provided under subsection (b-5) in exchange for
26the accelerated pension benefit payment. The election under

 

 

10400SB3404sam001- 62 -LRB104 18864 RPS 37002 a

1this subsection must be made before the eligible person
2receives the first payment of a retirement pension otherwise
3payable under this Article. An eligible person is limited to
4one calculation and offer per fiscal year.
5    (b-5) Notwithstanding any other provision of law, the
6retirement annuity of a person who made the election under
7subsection (b) shall be subject to annual increases on the
8January 1 occurring either on or after the attainment of age 67
9or the first anniversary of the annuity start date, whichever
10is later. Each annual increase shall be calculated at 1.5% of
11the originally granted retirement annuity.
12    (c) If a person who has received an accelerated pension
13benefit payment returns to active service under this Article,
14then:
15        (1) the calculation of any future automatic annual
16    increase in retirement annuity shall be calculated in
17    accordance with the formula provided under subsection
18    (b-5); and
19        (2) the accelerated pension benefit payment may not be
20    repaid to the Fund.
21    (d) As a condition of receiving an accelerated pension
22benefit payment, the accelerated pension benefit payment must
23be transferred into a tax qualified retirement plan or
24account. The accelerated pension benefit payment under this
25Section may be subject to withholding or payment of applicable
26taxes, but to the extent permitted by federal law, a person who

 

 

10400SB3404sam001- 63 -LRB104 18864 RPS 37002 a

1receives an accelerated pension benefit payment under this
2Section must direct the Fund to pay all of that payment as a
3rollover into another retirement plan or account qualified
4under the Internal Revenue Code of 1986, as amended.
5    (d-5) Before accepting a member's irrevocable election to
6receive an accelerated pension benefit payment under this
7Section, the Fund shall verify that it has a sufficient amount
8of moneys to pay for the accelerated pension benefit payment
9from the contribution remitted by the employer for that
10purpose. Moneys remitted to the Fund for the purpose of this
11program must be kept in a separate account. If the Fund
12determines it does not have sufficient moneys to make the
13accelerated pension benefit payment, then the Fund shall not
14accept the member's irrevocable election and shall notify the
15member of that fact. The member may reapply for the
16accelerated pension benefit payment after that fiscal year.
17Elections shall be processed and paid in the order in which
18complete applications are received by the Fund, subject to the
19availability of funds. If the Fund accepts the member's
20irrevocable election to receive an accelerated pension benefit
21payment under this Section, then the Fund shall transfer, from
22the moneys remitted to the Fund for that purpose, the amount of
23the accelerated pension benefit payment into the member's
24eligible retirement plan or qualified account. If any moneys
25remain in the account at the end of the fiscal year, the Fund
26must remit those moneys back to the employer within one month

 

 

10400SB3404sam001- 64 -LRB104 18864 RPS 37002 a

1after the end of the fiscal year, unless the employer notifies
2the Fund at least one month before the end of the fiscal year
3that the funds shall remain in the account to be used for the
4accelerated pension benefit program for the subsequent fiscal
5year.
6    (e) The Board shall adopt any rules, including emergency
7rules, necessary to implement this Section.
8    (f) No provision of this Section shall be interpreted in a
9way that would cause the Fund to cease to be a qualified plan
10under the Internal Revenue Code of 1986.
 
11    (40 ILCS 5/12-133.8 new)
12    Sec. 12-133.8. Accelerated pension benefit payment in lieu
13of any pension benefit.
14    (a) As used in this Section:
15    "Eligible person" means a person who:
16        (1) has terminated service;
17        (2) has accrued sufficient service credit to be
18    eligible to receive a retirement annuity under this
19    Article;
20        (3) has not received any retirement annuity under this
21    Article; and
22        (4) has not made the election under Section 12-133.9.
23    "Pension benefit" means the benefits under this Article,
24or Article 1 as it relates to those benefits, including any
25anticipated annual increases, that an eligible person is

 

 

10400SB3404sam001- 65 -LRB104 18864 RPS 37002 a

1entitled to upon attainment of the applicable retirement age.
2"Pension benefit" also includes applicable survivor's,
3surviving spouse's, or disability benefits.
4    (b) If an employer has elected to provide funding for an
5accelerated pension benefit program, then as soon as practical
6after June 30, 2026 or as soon as practical after the employer
7has made that election, whichever is later, the Fund shall
8calculate, using actuarial tables and other assumptions
9adopted by the Board, the present value of pension benefits
10for each eligible person who requests that information and
11shall offer each eligible person the opportunity to
12irrevocably elect to receive an amount determined by the Fund
13to be equal to 60% of the present value of his or her pension
14benefits in lieu of receiving any pension benefit. The offer
15shall specify the dollar amount that the eligible person will
16receive if he or she so elects and shall expire when a
17subsequent offer is made to an eligible person. An eligible
18person is limited to one calculation and offer per fiscal
19year. The Fund shall make a good faith effort to contact every
20eligible person to notify him or her of the election.
21    Until June 30, 2028, an eligible person may irrevocably
22elect to receive an accelerated pension benefit payment in the
23amount that the Fund offers under this subsection in lieu of
24receiving any pension benefit. A person who elects to receive
25an accelerated pension benefit payment under this Section may
26not elect to proceed under the Retirement Systems Reciprocal

 

 

10400SB3404sam001- 66 -LRB104 18864 RPS 37002 a

1Act with respect to service under this Article.
2    (c) A person's creditable service under this Article shall
3be terminated upon the person's receipt of an accelerated
4pension benefit payment under this Section, and no other
5benefit shall be paid under this Article based on the
6terminated creditable service, including any retirement,
7survivor, or other benefit.
8    (d) If a person who has received an accelerated pension
9benefit payment under this Section returns to active service
10under this Article, then:
11        (1) Any benefits under the Fund earned as a result of
12    that return to active service shall be based solely on the
13    person's creditable service arising from the return to
14    active service.
15        (2) The accelerated pension benefit payment may not be
16    repaid to the Fund, and the terminated creditable service
17    may not under any circumstances be reinstated.
18    (e) As a condition of receiving an accelerated pension
19benefit payment, the accelerated pension benefit payment must
20be transferred into a tax qualified retirement plan or
21account. The accelerated pension benefit payment under this
22Section may be subject to withholding or payment of applicable
23taxes, but to the extent permitted by federal law, a person who
24receives an accelerated pension benefit payment under this
25Section must direct the Fund to pay all of that payment as a
26rollover into another retirement plan or account qualified

 

 

10400SB3404sam001- 67 -LRB104 18864 RPS 37002 a

1under the Internal Revenue Code of 1986, as amended.
2    (f) Before accepting a member's irrevocable election to
3receive an accelerated pension benefit payment under this
4Section, the Fund shall verify that it has a sufficient amount
5of moneys to pay for the accelerated pension benefit payment
6from the contribution remitted by the employer for that
7purpose. Moneys remitted to the Fund for the purpose of the
8accelerated pension benefit program must be kept in a separate
9account. If the Fund determines it does not have sufficient
10moneys to make the accelerated pension benefit payment, then
11the Fund shall not accept the member's irrevocable election
12and shall notify the member of that fact. The member may
13reapply for the accelerated pension benefit payment after that
14fiscal year. Elections shall be processed and paid in the
15order in which complete applications are received by the Fund,
16subject to the availability of funds. If the Fund accepts the
17member's irrevocable election to receive an accelerated
18pension benefit payment under this Section, then the Fund
19shall transfer, from the moneys remitted to the Fund for that
20purpose, the amount of the accelerated pension benefit payment
21into the member's eligible retirement plan or qualified
22account. If any moneys remain in the account maintained by the
23Fund for the purpose of the accelerated pension benefit
24program at the end of the fiscal year, the Fund must remit
25those moneys back to the employer within one month after the
26end of the fiscal year, unless the employer notifies the Fund

 

 

10400SB3404sam001- 68 -LRB104 18864 RPS 37002 a

1at least one month before the end of the fiscal year that the
2funds shall remain in the account to be used for the subsequent
3fiscal year.
4    (g) The Board shall adopt any rules, including emergency
5rules, necessary to implement this Section.
6    (h) No provision of this Section shall be interpreted in a
7way that would cause the Fund to cease to be a qualified plan
8under the Internal Revenue Code of 1986.
 
9    (40 ILCS 5/12-133.9 new)
10    Sec. 12-133.9. Accelerated pension benefit payment for a
11reduction in annual retirement annuity and surviving spouse's
12annuity increases.
13    (a) As used in this Section:
14    "Accelerated pension benefit payment" means a lump sum
15payment equal to 70% of the difference of the present value of
16the automatic annual increases to a Tier 1 member's retirement
17annuity and surviving spouse's annuity using the formula
18applicable to the Tier 1 member and the present value of the
19automatic annual increases to the Tier 1 member's retirement
20annuity using the formula provided under subsection (b-5) and
21surviving spouse's annuity using the formula provided under
22subsection (b-6). "Eligible person" means a person who:
23        (1) is a Tier 1 member;
24        (2) has submitted an application for a retirement
25    annuity under this Article;

 

 

10400SB3404sam001- 69 -LRB104 18864 RPS 37002 a

1        (3) meets the age and service requirements for
2    receiving a retirement annuity under this Article;
3        (4) has not received any retirement annuity under this
4    Article; and
5        (5) has not made the election under Section 12-133.8.
6    "Tier 1 member" means a person who first became a
7participant under this Article or any reciprocal retirement
8system or pension fund established under this Code before
9January 1, 2011.
10    (b) Until June 30, 2028, if an employer elects to provide
11funding for an accelerated pension benefit program, then as
12soon as practical after June 30, 2026 or as soon as practical
13after the employer makes that election, whichever is later,
14the Fund shall implement an accelerated pension benefit
15payment option for eligible persons. Upon the request of an
16eligible person, if the employer has elected to provide
17funding for an accelerated pension benefit program, the Fund
18shall calculate, using actuarial tables and other assumptions
19adopted by the Board, an accelerated pension benefit payment
20amount and shall offer that eligible person the opportunity to
21irrevocably elect to have his or her automatic annual
22increases in retirement pension calculated in accordance with
23the formula provided under subsection (b-5) in exchange for
24the accelerated pension benefit payment. The election under
25this subsection must be made before the eligible person
26receives the first payment of a retirement pension otherwise

 

 

10400SB3404sam001- 70 -LRB104 18864 RPS 37002 a

1payable under this Article. An eligible person is limited to
2one calculation and offer per fiscal year.
3    (b-5) Notwithstanding any other provision of law, the
4retirement annuity of a person who made the election under
5subsection (b) shall be subject to annual increases on the
6January 1 occurring either on or after the attainment of age 67
7or the first anniversary of the annuity start date, whichever
8is later. Each annual increase shall be calculated at 1.5% of
9the originally granted retirement annuity.
10    (b-6) Notwithstanding any other provision of law, a
11surviving spouse's annuity payable to a surviving spouse's
12annuity beneficiary of a person who made the election under
13subsection (b) shall be subject to annual increases on the
14January 1 occurring on or after the first anniversary of the
15commencement of the annuity. Each annual increase shall be
16calculated at 1.5% of the originally granted surviving
17spouse's annuity.
18    (c) If a person who has received an accelerated pension
19benefit payment returns to active service under this Article,
20then:
21        (1) the calculation of any future automatic annual
22    increase in retirement annuity shall be calculated in
23    accordance with the formula provided under subsection
24    (b-5); and
25        (2) the accelerated pension benefit payment may not be
26    repaid to the Fund.

 

 

10400SB3404sam001- 71 -LRB104 18864 RPS 37002 a

1    (d) As a condition of receiving an accelerated pension
2benefit payment, the accelerated pension benefit payment must
3be transferred into a tax qualified retirement plan or
4account. The accelerated pension benefit payment under this
5Section may be subject to withholding or payment of applicable
6taxes, but to the extent permitted by federal law, a person who
7receives an accelerated pension benefit payment under this
8Section must direct the Fund to pay all of that payment as a
9rollover into another retirement plan or account qualified
10under the Internal Revenue Code of 1986, as amended.
11    (d-5) Before accepting a member's irrevocable election to
12receive an accelerated pension benefit payment under this
13Section, the Fund shall verify that it has a sufficient amount
14of moneys to pay for the accelerated pension benefit payment
15from the contribution remitted by the employer for that
16purpose. Moneys remitted to the Fund for the purpose of this
17program must be kept in a separate account. If the Fund
18determines it does not have sufficient moneys to make the
19accelerated pension benefit payment, then the Fund shall not
20accept the member's irrevocable election and shall notify the
21member of that fact. The member may reapply for the
22accelerated pension benefit payment after that fiscal year.
23Elections shall be processed and paid in the order in which
24complete applications are received by the Fund, subject to the
25availability of funds. If the Fund accepts the member's
26irrevocable election to receive an accelerated pension benefit

 

 

10400SB3404sam001- 72 -LRB104 18864 RPS 37002 a

1payment under this Section, then the Fund shall transfer, from
2the moneys remitted to the Fund for that purpose, the amount of
3the accelerated pension benefit payment into the member's
4eligible retirement plan or qualified account. If any moneys
5remain in the account at the end of the fiscal year, the Fund
6must remit those moneys back to the employer within one month
7after the end of the fiscal year, unless the employer notifies
8the Fund at least one month before the end of the fiscal year
9that the funds shall remain in the account to be used for the
10accelerated pension benefit program for the subsequent fiscal
11year.
12    (e) The Board shall adopt any rules, including emergency
13rules, necessary to implement this Section.
14    (f) No provision of this Section shall be interpreted in a
15way that would cause the Fund to cease to be a qualified plan
16under the Internal Revenue Code of 1986.
 
17    (40 ILCS 5/17-120.5 new)
18    Sec. 17-120.5. Accelerated pension benefit payment in lieu
19of any pension benefit.
20    (a) As used in this Section:
21    "Eligible person" means a person who:
22        (1) has terminated service;
23        (2) has accrued sufficient service credit to be
24    eligible to receive a retirement annuity under this
25    Article;

 

 

10400SB3404sam001- 73 -LRB104 18864 RPS 37002 a

1        (3) has not received any retirement annuity under this
2    Article; and
3        (4) has not made the election under Section 17-120.6.
4    "Pension benefit" means the benefits under this Article,
5or Article 1 as it relates to those benefits, including any
6anticipated annual increases, that an eligible person is
7entitled to upon attainment of the applicable retirement age.
8"Pension benefit" also includes applicable survivor's,
9surviving spouse's, or disability benefits.
10    (b) If an employer has elected to provide funding for an
11accelerated pension benefit program, then as soon as practical
12after June 30, 2026 or as soon as practical after the employer
13has made that election, whichever is later, the Fund shall
14calculate, using actuarial tables and other assumptions
15adopted by the Board, the present value of pension benefits
16for each eligible person who requests that information and
17shall offer each eligible person the opportunity to
18irrevocably elect to receive an amount determined by the Fund
19to be equal to 60% of the present value of his or her pension
20benefits in lieu of receiving any pension benefit. The offer
21shall specify the dollar amount that the eligible person will
22receive if he or she so elects and shall expire when a
23subsequent offer is made to an eligible person. An eligible
24person is limited to one calculation and offer per fiscal
25year. The Fund shall make a good faith effort to contact every
26eligible person to notify him or her of the election.

 

 

10400SB3404sam001- 74 -LRB104 18864 RPS 37002 a

1    Until June 30, 2028, an eligible person may irrevocably
2elect to receive an accelerated pension benefit payment in the
3amount that the Fund offers under this subsection in lieu of
4receiving any pension benefit. A person who elects to receive
5an accelerated pension benefit payment under this Section may
6not elect to proceed under the Retirement Systems Reciprocal
7Act with respect to service under this Article.
8    (c) A person's creditable service under this Article shall
9be terminated upon the person's receipt of an accelerated
10pension benefit payment under this Section, and no other
11benefit shall be paid under this Article based on the
12terminated creditable service, including any retirement,
13survivor, or other benefit.
14    (d) If a person who has received an accelerated pension
15benefit payment under this Section returns to active service
16under this Article, then:
17        (1) Any benefits under the Fund earned as a result of
18    that return to active service shall be based solely on the
19    person's creditable service arising from the return to
20    active service.
21        (2) The accelerated pension benefit payment may not be
22    repaid to the Fund, and the terminated creditable service
23    may not under any circumstances be reinstated.
24    (e) As a condition of receiving an accelerated pension
25benefit payment, the accelerated pension benefit payment must
26be transferred into a tax qualified retirement plan or

 

 

10400SB3404sam001- 75 -LRB104 18864 RPS 37002 a

1account. The accelerated pension benefit payment under this
2Section may be subject to withholding or payment of applicable
3taxes, but to the extent permitted by federal law, a person who
4receives an accelerated pension benefit payment under this
5Section must direct the Fund to pay all of that payment as a
6rollover into another retirement plan or account qualified
7under the Internal Revenue Code of 1986, as amended.
8    (f) Before accepting a member's irrevocable election to
9receive an accelerated pension benefit payment under this
10Section, the Fund shall verify that it has a sufficient amount
11of moneys to pay for the accelerated pension benefit payment
12from the contribution remitted by the employer for that
13purpose. Moneys remitted to the Fund for the purpose of the
14accelerated pension benefit program must be kept in a separate
15account. If the Fund determines it does not have sufficient
16moneys to make the accelerated pension benefit payment, then
17the Fund shall not accept the member's irrevocable election
18and shall notify the member of that fact. The member may
19reapply for the accelerated pension benefit payment after that
20fiscal year. Elections shall be processed and paid in the
21order in which complete applications are received by the Fund,
22subject to the availability of funds. If the Fund accepts the
23member's irrevocable election to receive an accelerated
24pension benefit payment under this Section, then the Fund
25shall transfer, from the moneys remitted to the Fund for that
26purpose, the amount of the accelerated pension benefit payment

 

 

10400SB3404sam001- 76 -LRB104 18864 RPS 37002 a

1into the member's eligible retirement plan or qualified
2account. If any moneys remain in the account maintained by the
3Fund for the purpose of the accelerated pension benefit
4program at the end of the fiscal year, the Fund must remit
5those moneys back to the employer within one month after the
6end of the fiscal year, unless the employer notifies the Fund
7at least one month before the end of the fiscal year that the
8funds shall remain in the account to be used for the subsequent
9fiscal year.
10    (g) The Board shall adopt any rules, including emergency
11rules, necessary to implement this Section.
12    (h) No provision of this Section shall be interpreted in a
13way that would cause the Fund to cease to be a qualified plan
14under the Internal Revenue Code of 1986.
 
15    (40 ILCS 5/17-120.6 new)
16    Sec. 17-120.6. Accelerated pension benefit payment for a
17reduction in annual retirement annuity and surviving spouse's
18annuity increases.
19    (a) As used in this Section:
20    "Accelerated pension benefit payment" means a lump sum
21payment equal to 70% of the difference of the present value of
22the automatic annual increases to a Tier 1 member's retirement
23annuity and surviving spouse's annuity using the formula
24applicable to the Tier 1 member and the present value of the
25automatic annual increases to the Tier 1 member's retirement

 

 

10400SB3404sam001- 77 -LRB104 18864 RPS 37002 a

1annuity using the formula provided under subsection (b-5) and
2surviving spouse's annuity using the formula provided under
3subsection (b-6). "Eligible person" means a person who:
4        (1) is a Tier 1 member;
5        (2) has submitted an application for a retirement
6    annuity under this Article;
7        (3) meets the age and service requirements for
8    receiving a retirement annuity under this Article;
9        (4) has not received any retirement annuity under this
10    Article; and
11        (5) has not made the election under Section 17-120.5.
12    "Tier 1 member" means a person who first became a
13participant under this Article or any reciprocal retirement
14system or pension fund established under this Code before
15January 1, 2011.
16    (b) Until June 30, 2028, if an employer elects to provide
17funding for an accelerated pension benefit program, then as
18soon as practical after June 30, 2026 or as soon as practical
19after the employer makes that election, whichever is later,
20the Fund shall implement an accelerated pension benefit
21payment option for eligible persons. Upon the request of an
22eligible person, if the employer has elected to provide
23funding for an accelerated pension benefit program, the Fund
24shall calculate, using actuarial tables and other assumptions
25adopted by the Board, an accelerated pension benefit payment
26amount and shall offer that eligible person the opportunity to

 

 

10400SB3404sam001- 78 -LRB104 18864 RPS 37002 a

1irrevocably elect to have his or her automatic annual
2increases in retirement pension calculated in accordance with
3the formula provided under subsection (b-5) in exchange for
4the accelerated pension benefit payment. The election under
5this subsection must be made before the eligible person
6receives the first payment of a retirement pension otherwise
7payable under this Article. An eligible person is limited to
8one calculation and offer per fiscal year.
9    (b-5) Notwithstanding any other provision of law, the
10retirement annuity of a person who made the election under
11subsection (b) shall be subject to annual increases on the
12January 1 occurring either on or after the attainment of age 67
13or the first anniversary of the annuity start date, whichever
14is later. Each annual increase shall be calculated at 1.5% of
15the originally granted retirement annuity.
16    (b-6) Notwithstanding any other provision of law, a
17surviving spouse's annuity payable to a surviving spouse's
18annuity beneficiary of a person who made the election under
19subsection (b) shall be subject to annual increases on the
20January 1 occurring on or after the first anniversary of the
21commencement of the annuity. Each annual increase shall be
22calculated at 1.5% of the originally granted surviving
23spouse's annuity.
24    (c) If a person who has received an accelerated pension
25benefit payment returns to active service under this Article,
26then:

 

 

10400SB3404sam001- 79 -LRB104 18864 RPS 37002 a

1        (1) the calculation of any future automatic annual
2    increase in retirement annuity shall be calculated in
3    accordance with the formula provided under subsection
4    (b-5); and
5        (2) the accelerated pension benefit payment may not be
6    repaid to the Fund.
7    (d) As a condition of receiving an accelerated pension
8benefit payment, the accelerated pension benefit payment must
9be transferred into a tax qualified retirement plan or
10account. The accelerated pension benefit payment under this
11Section may be subject to withholding or payment of applicable
12taxes, but to the extent permitted by federal law, a person who
13receives an accelerated pension benefit payment under this
14Section must direct the Fund to pay all of that payment as a
15rollover into another retirement plan or account qualified
16under the Internal Revenue Code of 1986, as amended.
17    (d-5) Before accepting a member's irrevocable election to
18receive an accelerated pension benefit payment under this
19Section, the Fund shall verify that it has a sufficient amount
20of moneys to pay for the accelerated pension benefit payment
21from the contribution remitted by the employer for that
22purpose. Moneys remitted to the Fund for the purpose of this
23program must be kept in a separate account. If the Fund
24determines it does not have sufficient moneys to make the
25accelerated pension benefit payment, then the Fund shall not
26accept the member's irrevocable election and shall notify the

 

 

10400SB3404sam001- 80 -LRB104 18864 RPS 37002 a

1member of that fact. The member may reapply for the
2accelerated pension benefit payment after that fiscal year.
3Elections shall be processed and paid in the order in which
4complete applications are received by the Fund, subject to the
5availability of funds. If the Fund accepts the member's
6irrevocable election to receive an accelerated pension benefit
7payment under this Section, then the Fund shall transfer, from
8the moneys remitted to the Fund for that purpose, the amount of
9the accelerated pension benefit payment into the member's
10eligible retirement plan or qualified account. If any moneys
11remain in the account at the end of the fiscal year, the Fund
12must remit those moneys back to the employer within one month
13after the end of the fiscal year, unless the employer notifies
14the Fund at least one month before the end of the fiscal year
15that the funds shall remain in the account to be used for the
16accelerated pension benefit program for the subsequent fiscal
17year.
18    (e) The Board shall adopt any rules, including emergency
19rules, necessary to implement this Section.
20    (f) No provision of this Section shall be interpreted in a
21way that would cause the Fund to cease to be a qualified plan
22under the Internal Revenue Code of 1986.
 
23    Section 10. The Counties Code is amended by adding Section
243-14050 as follows:
 

 

 

10400SB3404sam001- 81 -LRB104 18864 RPS 37002 a

1    (55 ILCS 5/3-14050 new)
2    Sec. 3-14050. Accelerated pension benefit program;
3counties with more than 3,000,000 inhabitants.
4    (a) The county board of a county of more than 3,000,000
5inhabitants may establish an accelerated pension benefit
6program for the pension funds established under Articles 9 and
710 of the Illinois Pension Code. The accelerated pension
8benefit program shall provide eligible participants the option
9to elect an accelerated pension benefit payment in accordance
10with the applicable provisions of Articles 9 and 10 of the
11Illinois Pension Code authorizing accelerated pension benefit
12payments.
13    (b) If the county elects to establish the accelerated
14pension benefit program for a fiscal year beginning in 2026,
15the county must notify the pension fund and remit contribution
16to the pension fund in an amount determined by the county at
17least 30 days before the program is to be implemented. If the
18county elects to establish the accelerated pension benefit
19program for a fiscal year beginning in 2027, the county shall
20remit to the pension fund, not later than 30 days prior to the
21beginning of the fiscal year for which the accelerated pension
22benefit program is to be made available, a contribution to the
23pension fund in an amount determined by the county. The
24contribution shall constitute the total funding available to
25that pension fund for accelerated pension benefit payments for
26that fiscal year, and accelerated pension benefit payments

 

 

10400SB3404sam001- 82 -LRB104 18864 RPS 37002 a

1shall be issued by the applicable pension fund in accordance
2with the provisions concerning accelerated pension benefit
3payment until the contributed amount is exhausted. The
4contribution for the accelerated pension benefit payments may
5be made using any lawful funding mechanism authorized under
6this Code, including, but not limited to:
7        (1) the issuance of bonds authorized under this Code;
8        (2) lawful appropriations from available county
9    revenues;
10        (3) transfers from lawfully available funds; or
11        (4) any combination thereof.
12    Nothing in this Section shall be construed to expand or
13limit the county's authority to issue bonds beyond those
14otherwise provided in this Code.
15    At least one month prior to the end of the fiscal year, the
16county must notify the pension fund if the county would desire
17any remaining moneys to be rolled over into the next fiscal
18year for the accelerated pension benefit program. If the
19county does not notify the pension fund, the moneys shall be
20remitted back to the county. If an accelerated pension benefit
21program is not authorized under the applicable Article of the
22Illinois Pension Code for the following fiscal year, then the
23pension fund shall remit the moneys back to the county.
24    (c) This Section shall be construed as supplemental to
25existing county powers and shall not be interpreted to impair
26any existing contractual obligation or pension benefit

 

 

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1protected under the Illinois Constitution.
 
2    Section 15. The Illinois Municipal Code is amended by
3adding Section 10-4-13 as follows:
 
4    (65 ILCS 5/10-4-13 new)
5    Sec. 10-4-13. Accelerated pension benefit program.
6    (a) The corporate authorities of a municipality may
7establish an accelerated pension benefit program for the
8pension funds established under Article 3, 4, 5, 6, 8, 11, 12,
9or 17 of the Illinois Pension Code to which the municipality
10contributes. The accelerated pension benefit program shall
11provide eligible participants the option to elect an
12accelerated pension benefit payment with regard to employees
13of that municipality who participate in a pension fund
14established under Article 3, 4, 5, 6, 8, 11, 12, or 17 of the
15Illinois Pension Code in accordance with the applicable
16provisions of the Illinois Pension Code authorizing
17accelerated pension benefit payments.
18    (b) If the municipality elects to establish the
19accelerated pension benefit program for a fiscal year
20beginning in 2026, the municipality must notify the pension
21fund and remit a contribution to the pension fund in an amount
22determined by the municipality at least 30 days before the
23program is to be implemented. If the municipality elects to
24establish the accelerated pension benefit program for a fiscal

 

 

10400SB3404sam001- 84 -LRB104 18864 RPS 37002 a

1year beginning in 2027, the municipality shall remit to the
2pension fund, not later than 30 days prior to the beginning of
3the fiscal year for which the accelerated pension benefit
4program is to be made available, a contribution to the pension
5fund in an amount determined by the municipality. The
6contribution shall constitute the total funding available to
7that pension fund for accelerated pension benefit payments for
8that fiscal year, and accelerated pension benefit payments
9shall be issued by the applicable pension fund in accordance
10with the provisions concerning accelerated pension benefit
11payment until the contributed amount is exhausted. The
12contribution for the accelerated pension benefit payments may
13be made using any lawful funding mechanism authorized under
14this Code, including, but not limited to:
15        (1) the issuance of bonds authorized under this Code;
16        (2) lawful appropriations from available municipal
17    revenues;
18        (3) transfers from lawfully available funds; or
19        (4) any combination thereof.
20    Nothing in this Section shall be construed to expand or
21limit the municipality's authority to issue bonds beyond those
22otherwise provided in this Code.
23    At least one month prior to the end of the fiscal year, the
24municipality must notify the pension fund if it would like any
25remaining moneys rolled over into the next fiscal year for the
26accelerated pension benefit program. If the municipality does

 

 

10400SB3404sam001- 85 -LRB104 18864 RPS 37002 a

1not notify the pension fund, the moneys shall be remitted back
2to the municipality. If an accelerated pension benefit program
3is not authorized under the applicable Article of the Illinois
4Pension Code for the following fiscal year, then the pension
5fund shall remit the moneys back to the municipality.
6    (c) This Section shall be construed as supplemental to
7existing municipal powers and shall not be interpreted to
8impair any existing contractual obligation or pension benefit
9protected under the Illinois Constitution.
 
10    Section 90. The State Mandates Act is amended by adding
11Section 8.50 as follows:
 
12    (30 ILCS 805/8.50 new)
13    Sec. 8.50. Exempt mandate. Notwithstanding Sections 6 and
148 of this Act, no reimbursement by the State is required for
15the implementation of any mandate created by this amendatory
16Act of the 104th General Assembly.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".