Sen. Robert F. Martwick

Filed: 4/28/2026

 

 


 

 


 
10400SB3404sam002LRB104 18864 RPS 37143 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

 

 

10400SB3404sam002- 3 -LRB104 18864 RPS 37143 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

 

 

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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

 

 

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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;

 

 

10400SB3404sam002- 6 -LRB104 18864 RPS 37143 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

 

 

10400SB3404sam002- 8 -LRB104 18864 RPS 37143 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

 

 

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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

 

 

10400SB3404sam002- 10 -LRB104 18864 RPS 37143 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

 

 

10400SB3404sam002- 11 -LRB104 18864 RPS 37143 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

 

 

10400SB3404sam002- 12 -LRB104 18864 RPS 37143 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.

 

 

10400SB3404sam002- 13 -LRB104 18864 RPS 37143 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.

 

 

10400SB3404sam002- 14 -LRB104 18864 RPS 37143 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.

 

 

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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

 

 

10400SB3404sam002- 21 -LRB104 18864 RPS 37143 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

 

 

10400SB3404sam002- 22 -LRB104 18864 RPS 37143 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.

 

 

10400SB3404sam002- 23 -LRB104 18864 RPS 37143 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

 

 

10400SB3404sam002- 24 -LRB104 18864 RPS 37143 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;

 

 

10400SB3404sam002- 25 -LRB104 18864 RPS 37143 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.

 

 

10400SB3404sam002- 26 -LRB104 18864 RPS 37143 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

 

 

10400SB3404sam002- 27 -LRB104 18864 RPS 37143 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

 

 

10400SB3404sam002- 28 -LRB104 18864 RPS 37143 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

 

 

10400SB3404sam002- 29 -LRB104 18864 RPS 37143 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

 

 

10400SB3404sam002- 30 -LRB104 18864 RPS 37143 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

 

 

10400SB3404sam002- 31 -LRB104 18864 RPS 37143 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

 

 

10400SB3404sam002- 32 -LRB104 18864 RPS 37143 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.

 

 

10400SB3404sam002- 33 -LRB104 18864 RPS 37143 a

1    (b) If the city 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 city has
4made 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

 

 

10400SB3404sam002- 34 -LRB104 18864 RPS 37143 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

 

 

10400SB3404sam002- 35 -LRB104 18864 RPS 37143 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 city for that purpose.
4Moneys remitted to the Fund for the purpose of the accelerated
5pension benefit program must be kept in a separate account. If
6the Fund determines it does not have sufficient moneys to make
7the accelerated pension benefit payment, then the Fund shall
8not accept the member's irrevocable election and shall notify
9the member of that fact. The member may reapply for the
10accelerated pension benefit payment after that fiscal year.
11Elections shall be processed and paid in the order in which
12complete applications are received by the Fund, subject to the
13availability of funds. If the Fund accepts the member's
14irrevocable election to receive an accelerated pension benefit
15payment under this Section, then the Fund shall transfer, from
16the moneys remitted to the Fund for that purpose, the amount of
17the accelerated pension benefit payment into the member's
18eligible retirement plan or qualified account. If any moneys
19remain in the account maintained by the Fund for the purpose of
20the accelerated pension benefit program at the end of the
21fiscal year, the Fund must remit those moneys back to the city
22within one month after the end of the fiscal year, unless the
23city notifies the Fund at least one month before the end of the
24fiscal year that the funds shall remain in the account to be
25used for the subsequent fiscal year.
26    (g) The Board shall adopt any rules, including emergency

 

 

10400SB3404sam002- 36 -LRB104 18864 RPS 37143 a

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

 

 

10400SB3404sam002- 37 -LRB104 18864 RPS 37143 a

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

 

 

10400SB3404sam002- 38 -LRB104 18864 RPS 37143 a

1or the first anniversary of the annuity start date, whichever
2is later. Each annual increase shall be calculated at 1.5% of
3the originally granted retirement annuity.
4    (c) If a person who has received an accelerated pension
5benefit payment returns to active service under this Article,
6then:
7        (1) the calculation of any future automatic annual
8    increase in retirement annuity shall be calculated in
9    accordance with the formula provided under subsection
10    (b-5); and
11        (2) the accelerated pension benefit payment may not be
12    repaid to the Fund.
13    (d) 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    (d-5) 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

 

 

10400SB3404sam002- 39 -LRB104 18864 RPS 37143 a

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

 

 

10400SB3404sam002- 40 -LRB104 18864 RPS 37143 a

1under the Internal Revenue Code of 1986.
 
2    (40 ILCS 5/9-134.6 new)
3    Sec. 9-134.6. Accelerated pension benefit payment in lieu
4of any pension benefit.
5    (a) As used in this Section:
6    "Eligible person" means a person who:
7        (1) has terminated service;
8        (2) has accrued sufficient service credit to be
9    eligible to receive a retirement annuity under this
10    Article;
11        (3) has not received any retirement annuity under this
12    Article; and
13        (4) has not made the election under Section 9-134.7.
14    "Pension benefit" means the benefits under this Article,
15or Article 1 as it relates to those benefits, including any
16anticipated annual increases, that an eligible person is
17entitled to upon attainment of the applicable retirement age.
18"Pension benefit" also includes applicable survivor's,
19widow's, or disability benefits.
20    (b) If an employer has elected to provide funding for an
21accelerated pension benefit program, then as soon as practical
22after June 30, 2026 or as soon as practical after the employer
23has made that election, whichever is later, the Fund shall
24calculate, using actuarial tables and other assumptions
25adopted by the Board, the present value of pension benefits

 

 

10400SB3404sam002- 41 -LRB104 18864 RPS 37143 a

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

 

 

10400SB3404sam002- 42 -LRB104 18864 RPS 37143 a

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

 

 

10400SB3404sam002- 43 -LRB104 18864 RPS 37143 a

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

 

 

10400SB3404sam002- 44 -LRB104 18864 RPS 37143 a

1    (40 ILCS 5/9-134.7 new)
2    Sec. 9-134.7. Accelerated pension benefit payment for a
3reduction in annual retirement annuity and widow's annuity
4increases.
5    (a) As used in this Section:
6    "Accelerated pension benefit payment" means a lump sum
7payment equal to 70% of the difference of the present value of
8the automatic annual increases to a Tier 1 member's retirement
9annuity and widow's annuity using the formula applicable to
10the Tier 1 member and the present value of the automatic annual
11increases to the Tier 1 member's retirement annuity using the
12formula provided under subsection (b-5) and widow's annuity
13using the formula provided under subsection (b-6). "Eligible
14person" means a person who:
15        (1) is a Tier 1 member;
16        (2) has submitted an application for a retirement
17    annuity under this Article;
18        (3) meets the age and service requirements for
19    receiving a retirement annuity under this Article;
20        (4) has not received any retirement annuity under this
21    Article; and
22        (5) has not made the election under Section 9-134.6.
23    "Tier 1 member" means a person who first became a
24participant under this Article or any reciprocal retirement
25system or pension fund established under this Code before
26January 1, 2011.

 

 

10400SB3404sam002- 45 -LRB104 18864 RPS 37143 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 annuity 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 annuity start date, whichever
25is later. Each annual increase shall be calculated at 1.5% of
26the originally granted retirement annuity.

 

 

10400SB3404sam002- 46 -LRB104 18864 RPS 37143 a

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

 

 

10400SB3404sam002- 47 -LRB104 18864 RPS 37143 a

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

 

 

10400SB3404sam002- 48 -LRB104 18864 RPS 37143 a

1year.
2    (e) The Board shall adopt any rules, including emergency
3rules, necessary to implement this Section.
4    (f) 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 5/10-104.6 new)
8    Sec. 10-104.6. Accelerated pension benefit payment in lieu
9of any pension benefit.
10    (a) As used in this Section:
11    "Eligible person" means a person who:
12        (1) has terminated service;
13        (2) has accrued sufficient service credit to be
14    eligible to receive a retirement annuity under this
15    Article;
16        (3) has not received any retirement annuity under this
17    Article; and
18        (4) has not made the election under Section 10-104.7.
19    "Pension benefit" means the benefits under this Article,
20or Article 1 as it relates to those benefits, including any
21anticipated annual increases, that an eligible person is
22entitled to upon attainment of the applicable retirement age.
23"Pension benefit" also includes applicable survivor's,
24widow's, or disability benefits.
25    (b) If an employer has elected to provide funding for an

 

 

10400SB3404sam002- 49 -LRB104 18864 RPS 37143 a

1accelerated pension benefit program, then as soon as practical
2after June 30, 2026 or as soon as practical after the employer
3has made that election, whichever is later, the Fund shall
4calculate, using actuarial tables and other assumptions
5adopted by the Board, the present value of pension benefits
6for each eligible person who requests that information and
7shall offer each eligible person the opportunity to
8irrevocably elect to receive an amount determined by the Fund
9to be equal to 60% of the present value of his or her pension
10benefits in lieu of receiving any pension benefit. The offer
11shall specify the dollar amount that the eligible person will
12receive if he or she so elects and shall expire when a
13subsequent offer is made to an eligible person. An eligible
14person is limited to one calculation and offer per fiscal
15year. The Fund shall make a good faith effort to contact every
16eligible person to notify him or her of the election.
17    Until June 30, 2028, an eligible person may irrevocably
18elect to receive an accelerated pension benefit payment in the
19amount that the Fund offers under this subsection in lieu of
20receiving any pension benefit. A person who elects to receive
21an accelerated pension benefit payment under this Section may
22not elect to proceed under the Retirement Systems Reciprocal
23Act with respect to service under this Article.
24    (c) A person's creditable service under this Article shall
25be terminated upon the person's receipt of an accelerated
26pension benefit payment under this Section, and no other

 

 

10400SB3404sam002- 50 -LRB104 18864 RPS 37143 a

1benefit shall be paid under this Article based on the
2terminated creditable service, including any retirement,
3survivor, or other benefit.
4    (d) If a person who has received an accelerated pension
5benefit payment under this Section returns to active service
6under this Article, then:
7        (1) Any benefits under the Fund earned as a result of
8    that return to active service shall be based solely on the
9    person's creditable service arising from the return to
10    active service.
11        (2) The accelerated pension benefit payment may not be
12    repaid to the Fund, and the terminated creditable service
13    may not under any circumstances be reinstated.
14    (e) 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    (f) 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

 

 

10400SB3404sam002- 51 -LRB104 18864 RPS 37143 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 the
4accelerated pension benefit program must be kept in a separate
5account. If the Fund determines it does not have sufficient
6moneys to make the accelerated pension benefit payment, then
7the Fund shall not accept the member's irrevocable election
8and shall notify the member of that fact. The member may
9reapply for the accelerated pension benefit payment after that
10fiscal year. Elections shall be processed and paid in the
11order in which complete applications are received by the Fund,
12subject to the availability of funds. If the Fund accepts the
13member's irrevocable election to receive an accelerated
14pension benefit payment under this Section, then the Fund
15shall transfer, from the moneys remitted to the Fund for that
16purpose, the amount of the accelerated pension benefit payment
17into the member's eligible retirement plan or qualified
18account. If any moneys remain in the account maintained by the
19Fund for the purpose of the accelerated pension benefit
20program at the end of the fiscal year, the Fund must remit
21those moneys back to the employer within one month after the
22end of the fiscal year, unless the employer notifies the Fund
23at least one month before the end of the fiscal year that the
24funds shall remain in the account to be used for the subsequent
25fiscal year.
26    (g) The Board shall adopt any rules, including emergency

 

 

10400SB3404sam002- 52 -LRB104 18864 RPS 37143 a

1rules, necessary to implement this Section.
2    (h) No provision of this Section shall be interpreted in a
3way that would cause the Fund to cease to be a qualified plan
4under the Internal Revenue Code of 1986.
 
5    (40 ILCS 5/10-104.7 new)
6    Sec. 10-104.7. Accelerated pension benefit payment for a
7reduction in annual retirement annuity and widow's annuity
8increases.
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 and widow's annuity using the formula applicable to
14the Tier 1 member and the present value of the automatic annual
15increases to the Tier 1 member's retirement annuity using the
16formula provided under subsection (b-5) and widow's annuity
17using the formula provided under subsection (b-6). "Eligible
18person" means a person who:
19        (1) is a Tier 1 member;
20        (2) has submitted an application for a retirement
21    annuity under this Article;
22        (3) meets the age and service requirements for
23    receiving a retirement annuity under this Article;
24        (4) has not received any retirement annuity under this
25    Article; and

 

 

10400SB3404sam002- 53 -LRB104 18864 RPS 37143 a

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

 

 

10400SB3404sam002- 54 -LRB104 18864 RPS 37143 a

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

 

 

10400SB3404sam002- 55 -LRB104 18864 RPS 37143 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    (d-5) 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 this
12program must be kept in a separate account. If the Fund
13determines it does not have sufficient moneys to make the
14accelerated pension benefit payment, then the Fund shall not
15accept the member's irrevocable election and shall notify the
16member of that fact. The member may reapply for the
17accelerated pension benefit payment after that fiscal year.
18Elections shall be processed and paid in the order in which
19complete applications are received by the Fund, subject to the
20availability of funds. If the Fund accepts the member's
21irrevocable election to receive an accelerated pension benefit
22payment under this Section, then the Fund shall transfer, from
23the moneys remitted to the Fund for that purpose, the amount of
24the accelerated pension benefit payment into the member's
25eligible retirement plan or qualified account. If any moneys
26remain in the account at the end of the fiscal year, the Fund

 

 

10400SB3404sam002- 56 -LRB104 18864 RPS 37143 a

1must remit those moneys back to the employer within one month
2after the end of the fiscal year, unless the employer notifies
3the Fund at least one month before the end of the fiscal year
4that the funds shall remain in the account to be used for the
5accelerated pension benefit program for the subsequent fiscal
6year.
7    (e) The Board shall adopt any rules, including emergency
8rules, necessary to implement this Section.
9    (f) 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 5/11-223.5 new)
13    Sec. 11-223.5. Accelerated pension benefit payment in lieu
14of any pension benefit.
15    (a) As used in this Section:
16    "Eligible person" means a person who:
17        (1) has terminated service;
18        (2) has accrued sufficient service credit to be
19    eligible to receive a retirement annuity under this
20    Article;
21        (3) has not received any retirement annuity under this
22    Article; and
23        (4) has not made the election under Section 11-223.6.
24    "Pension benefit" means the benefits under this Article,
25or Article 1 as it relates to those benefits, including any

 

 

10400SB3404sam002- 57 -LRB104 18864 RPS 37143 a

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

 

 

10400SB3404sam002- 58 -LRB104 18864 RPS 37143 a

1not elect to proceed under the Retirement Systems Reciprocal
2Act with respect to service under this Article.
3    (c) A person's creditable service under this Article shall
4be terminated upon the person's receipt of an accelerated
5pension benefit payment under this Section, and no other
6benefit shall be paid under this Article based on the
7terminated creditable service, including any retirement,
8survivor, widow, or other benefit.
9    (d) If a person who has received an accelerated pension
10benefit payment under this Section returns to active service
11under this Article, then:
12        (1) Any benefits under the Fund earned as a result of
13    that return to active service shall be based solely on the
14    person's creditable service arising from the return to
15    active service.
16        (2) The accelerated pension benefit payment may not be
17    repaid to the Fund, and the terminated creditable service
18    may not under any circumstances be reinstated.
19    (e) 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

 

 

10400SB3404sam002- 59 -LRB104 18864 RPS 37143 a

1rollover into another retirement plan or account qualified
2under the Internal Revenue Code of 1986, as amended.
3    (f) 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 city for that purpose.
8Moneys remitted to the Fund for the purpose of the accelerated
9pension benefit program must be kept in a separate account. If
10the Fund determines it does not have sufficient moneys to make
11the accelerated pension benefit payment, then the Fund shall
12not accept the member's irrevocable election and shall notify
13the member 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 maintained by the Fund for the purpose of
24the accelerated pension benefit program at the end of the
25fiscal year, the Fund must remit those moneys back to the city
26within one month after the end of the fiscal year, unless the

 

 

10400SB3404sam002- 60 -LRB104 18864 RPS 37143 a

1city notifies the Fund at least one month before the end of the
2fiscal year that the funds shall remain in the account to be
3used for the subsequent fiscal 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 5/11-223.6 new)
10    Sec. 11-223.6. Accelerated pension benefit payment for a
11reduction in annual retirement annuity and widow's annuity
12increases.
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 widow's annuity using the formula applicable to
18the Tier 1 member and the present value of the automatic annual
19increases to the Tier 1 member's retirement annuity using the
20formula provided under subsection (b-5).
21    "Eligible person" means a person who:
22        (1) is a Tier 1 member;
23        (2) has submitted an application for a retirement
24    annuity under this Article;
25        (3) meets the age and service requirements for

 

 

10400SB3404sam002- 61 -LRB104 18864 RPS 37143 a

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

 

 

10400SB3404sam002- 62 -LRB104 18864 RPS 37143 a

1calculation 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

 

 

10400SB3404sam002- 63 -LRB104 18864 RPS 37143 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 city for that purpose.
7Moneys remitted to the Fund for the purpose of this program
8must be kept in a separate account. If the Fund determines it
9does not have sufficient moneys to make the accelerated
10pension benefit payment, then the Fund shall not accept the
11member's irrevocable election and shall notify the member of
12that fact. The member may reapply for the accelerated pension
13benefit payment after that fiscal year. Elections shall be
14processed and paid in the order in which complete applications
15are received by the Fund, subject to the availability of
16funds. If the Fund accepts the member's irrevocable election
17to receive an accelerated pension benefit payment under this
18Section, then the Fund shall transfer, from the moneys
19remitted to the Fund for that purpose, the amount of the
20accelerated pension benefit payment into the member's eligible
21retirement plan or qualified account. If any moneys remain in
22the account at the end of the fiscal year, the Fund must remit
23those moneys back to the city within one month after the end of
24the fiscal year, unless the city notifies the Fund at least one
25month before the end of the fiscal year that the funds shall
26remain in the account to be used for the accelerated pension

 

 

10400SB3404sam002- 64 -LRB104 18864 RPS 37143 a

1benefit program for the subsequent fiscal year.
2    (e) The Board shall adopt any rules, including emergency
3rules, necessary to implement this Section.
4    (f) 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 5/12-133.8 new)
8    Sec. 12-133.8. Accelerated pension benefit payment in lieu
9of any pension benefit.
10    (a) As used in this Section:
11    "Eligible person" means a person who:
12        (1) has terminated service;
13        (2) has accrued sufficient service credit to be
14    eligible to receive a retirement annuity under this
15    Article;
16        (3) has not received any retirement annuity under this
17    Article; and
18        (4) has not made the election under Section 12-133.9.
19    "Pension benefit" means the benefits under this Article,
20or Article 1 as it relates to those benefits, including any
21anticipated annual increases, that an eligible person is
22entitled to upon attainment of the applicable retirement age.
23"Pension benefit" also includes applicable survivor's,
24surviving spouse's, or disability benefits.
25    (b) If the city has elected to provide funding for an

 

 

10400SB3404sam002- 65 -LRB104 18864 RPS 37143 a

1accelerated pension benefit program, then as soon as practical
2after June 30, 2026 or as soon as practical after the city has
3made that election, whichever is later, the Fund shall
4calculate, using actuarial tables and other assumptions
5adopted by the Board, the present value of pension benefits
6for each eligible person who requests that information and
7shall offer each eligible person the opportunity to
8irrevocably elect to receive an amount determined by the Fund
9to be equal to 60% of the present value of his or her pension
10benefits in lieu of receiving any pension benefit. The offer
11shall specify the dollar amount that the eligible person will
12receive if he or she so elects and shall expire when a
13subsequent offer is made to an eligible person. An eligible
14person is limited to one calculation and offer per fiscal
15year. The Fund shall make a good faith effort to contact every
16eligible person to notify him or her of the election.
17    Until June 30, 2028, an eligible person may irrevocably
18elect to receive an accelerated pension benefit payment in the
19amount that the Fund offers under this subsection in lieu of
20receiving any pension benefit. A person who elects to receive
21an accelerated pension benefit payment under this Section may
22not elect to proceed under the Retirement Systems Reciprocal
23Act with respect to service under this Article.
24    (c) A person's creditable service under this Article shall
25be terminated upon the person's receipt of an accelerated
26pension benefit payment under this Section, and no other

 

 

10400SB3404sam002- 66 -LRB104 18864 RPS 37143 a

1benefit shall be paid under this Article based on the
2terminated creditable service, including any retirement,
3survivor, or other benefit.
4    (d) If a person who has received an accelerated pension
5benefit payment under this Section returns to active service
6under this Article, then:
7        (1) Any benefits under the Fund earned as a result of
8    that return to active service shall be based solely on the
9    person's creditable service arising from the return to
10    active service.
11        (2) The accelerated pension benefit payment may not be
12    repaid to the Fund, and the terminated creditable service
13    may not under any circumstances be reinstated.
14    (e) 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    (f) 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

 

 

10400SB3404sam002- 67 -LRB104 18864 RPS 37143 a

1of moneys to pay for the accelerated pension benefit payment
2from the contribution remitted by the city for that purpose.
3Moneys remitted to the Fund for the purpose of the accelerated
4pension benefit program must be kept in a separate account. If
5the Fund determines it does not have sufficient moneys to make
6the accelerated pension benefit payment, then the Fund shall
7not accept the member's irrevocable election and shall notify
8the member 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 maintained by the Fund for the purpose of
19the accelerated pension benefit program at the end of the
20fiscal year, the Fund must remit those moneys back to the city
21within one month after the end of the fiscal year, unless the
22city notifies the Fund at least one month before the end of the
23fiscal year that the funds shall remain in the account to be
24used for the subsequent fiscal year.
25    (g) The Board shall adopt any rules, including emergency
26rules, necessary to implement this Section.

 

 

10400SB3404sam002- 68 -LRB104 18864 RPS 37143 a

1    (h) 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 5/12-133.9 new)
5    Sec. 12-133.9. Accelerated pension benefit payment for a
6reduction in annual retirement annuity and surviving spouse's
7annuity increases.
8    (a) As used in this Section:
9    "Accelerated pension benefit payment" means a lump sum
10payment equal to 70% of the difference of the present value of
11the automatic annual increases to a Tier 1 member's retirement
12annuity and surviving spouse's annuity using the formula
13applicable to the Tier 1 member and the present value of the
14automatic annual increases to the Tier 1 member's retirement
15annuity using the formula provided under subsection (b-5) and
16surviving spouse's annuity using the formula provided under
17subsection (b-6). "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 12-133.8.

 

 

10400SB3404sam002- 69 -LRB104 18864 RPS 37143 a

1    "Tier 1 member" means a person 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 the city 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 city makes that election, whichever is later, the
9Fund shall implement an accelerated pension benefit payment
10option for eligible persons. Upon the request of an eligible
11person, if the city has elected to provide funding for an
12accelerated pension benefit program, the Fund shall calculate,
13using actuarial tables and other assumptions adopted by the
14Board, an accelerated pension benefit payment amount and shall
15offer that eligible person the opportunity to irrevocably
16elect to have his or her automatic annual increases in
17retirement pension calculated in accordance with the formula
18provided under subsection (b-5) in exchange for the
19accelerated pension benefit payment. The election under this
20subsection must be made before the eligible person receives
21the first payment of a retirement pension otherwise payable
22under this Article. An eligible person is limited to one
23calculation 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

 

 

10400SB3404sam002- 70 -LRB104 18864 RPS 37143 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    (b-6) Notwithstanding any other provision of law, a
6surviving spouse's annuity payable to a surviving spouse's
7annuity beneficiary of a person who made the election under
8subsection (b) shall be subject to annual increases on the
9January 1 occurring on or after the first anniversary of the
10commencement of the annuity. Each annual increase shall be
11calculated at 1.5% of the originally granted surviving
12spouse's annuity.
13    (c) If a person who has received an accelerated pension
14benefit payment returns to active service under this Article,
15then:
16        (1) the calculation of any future automatic annual
17    increase in retirement annuity shall be calculated in
18    accordance with the formula provided under subsection
19    (b-5); and
20        (2) the accelerated pension benefit payment may not be
21    repaid to the Fund.
22    (d) 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

 

 

10400SB3404sam002- 71 -LRB104 18864 RPS 37143 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    (d-5) 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 city for that purpose.
11Moneys remitted to the Fund for the purpose of this program
12must be kept in a separate account. If the Fund determines it
13does not have sufficient moneys to make the accelerated
14pension benefit payment, then the Fund shall not accept the
15member's irrevocable election and shall notify the member of
16that fact. The member may reapply for the accelerated pension
17benefit payment after that fiscal year. Elections shall be
18processed and paid in the order in which complete applications
19are received by the Fund, subject to the availability of
20funds. If the Fund accepts the member's irrevocable election
21to receive an accelerated pension benefit payment under this
22Section, then the Fund shall transfer, from the moneys
23remitted to the Fund for that purpose, the amount of the
24accelerated pension benefit payment into the member's eligible
25retirement plan or qualified account. If any moneys remain in
26the account at the end of the fiscal year, the Fund must remit

 

 

10400SB3404sam002- 72 -LRB104 18864 RPS 37143 a

1those moneys back to the city within one month after the end of
2the fiscal year, unless the city notifies the Fund at least one
3month before the end of the fiscal year that the funds shall
4remain in the account to be used for the accelerated pension
5benefit program for the subsequent fiscal year.
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 5/17-120.5 new)
12    Sec. 17-120.5. 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 17-120.6.
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

 

 

10400SB3404sam002- 73 -LRB104 18864 RPS 37143 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

 

 

10400SB3404sam002- 74 -LRB104 18864 RPS 37143 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

 

 

10400SB3404sam002- 75 -LRB104 18864 RPS 37143 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

 

 

10400SB3404sam002- 76 -LRB104 18864 RPS 37143 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 5/17-120.6 new)
10    Sec. 17-120.6. 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;

 

 

10400SB3404sam002- 77 -LRB104 18864 RPS 37143 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 17-120.5.
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

 

 

10400SB3404sam002- 78 -LRB104 18864 RPS 37143 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.

 

 

10400SB3404sam002- 79 -LRB104 18864 RPS 37143 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

 

 

10400SB3404sam002- 80 -LRB104 18864 RPS 37143 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    Section 10. The Counties Code is amended by adding Section
183-14050 as follows:
 
19    (55 ILCS 5/3-14050 new)
20    Sec. 3-14050. Accelerated pension benefit program;
21counties with more than 3,000,000 inhabitants.
22    (a) The county board of a county of more than 3,000,000
23inhabitants may establish an accelerated pension benefit
24program for the pension funds established under Articles 9 and

 

 

10400SB3404sam002- 81 -LRB104 18864 RPS 37143 a

110 of the Illinois Pension Code. The accelerated pension
2benefit program shall provide eligible participants the option
3to elect an accelerated pension benefit payment in accordance
4with the applicable provisions of Articles 9 and 10 of the
5Illinois Pension Code authorizing accelerated pension benefit
6payments.
7    (b) If the county elects to establish the accelerated
8pension benefit program for a fiscal year beginning in 2026,
9the county must notify the pension fund and remit a
10contribution to the pension fund in an amount determined by
11the county at least 30 days before the program is to be
12implemented. If the county elects to establish the accelerated
13pension benefit program for a fiscal year beginning in 2027,
14the county shall remit to the pension fund, not later than 30
15days prior to the beginning of the fiscal year for which the
16accelerated pension benefit program is to be made available, a
17contribution to the pension fund in an amount determined by
18the county. The contribution shall constitute the total
19funding available to that pension fund for accelerated pension
20benefit payments for that fiscal year, and accelerated pension
21benefit payments shall be issued by the applicable pension
22fund in accordance with the provisions concerning accelerated
23pension benefit payment until the contributed amount is
24exhausted. The contribution for the accelerated pension
25benefit payments may be made using any lawful funding
26mechanism authorized under this Code, including, but not

 

 

10400SB3404sam002- 82 -LRB104 18864 RPS 37143 a

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

 

 

10400SB3404sam002- 83 -LRB104 18864 RPS 37143 a

1    (65 ILCS 5/10-4-13 new)
2    Sec. 10-4-13. Accelerated pension benefit program.
3    (a) The corporate authorities of a municipality may
4establish an accelerated pension benefit program for the
5pension funds established under Article 3, 4, 5, 6, 8, 11, or
612 of the Illinois Pension Code to which the municipality
7contributes. The accelerated pension benefit program shall
8provide eligible participants the option to elect an
9accelerated pension benefit payment with regard to employees
10of that municipality who participate in a pension fund
11established under Article 3, 4, 5, 6, 8, 11, or 12 of the
12Illinois Pension Code in accordance with the applicable
13provisions of the Illinois Pension Code authorizing
14accelerated pension benefit payments.
15    (b) If the municipality elects to establish the
16accelerated pension benefit program for a fiscal year
17beginning in 2026, the municipality must notify the pension
18fund and remit a contribution to the pension fund in an amount
19determined by the municipality at least 30 days before the
20program is to be implemented. If the municipality elects to
21establish the accelerated pension benefit program for a fiscal
22year beginning in 2027, the municipality shall remit to the
23pension fund, not later than 30 days prior to the beginning of
24the fiscal year for which the accelerated pension benefit
25program is to be made available, a contribution to the pension
26fund in an amount determined by the municipality. The

 

 

10400SB3404sam002- 84 -LRB104 18864 RPS 37143 a

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

 

 

10400SB3404sam002- 85 -LRB104 18864 RPS 37143 a

1municipality.
2    (c) This Section shall be construed as supplemental to
3existing municipal powers and shall not be interpreted to
4impair any existing contractual obligation or pension benefit
5protected under the Illinois Constitution.
 
6    Section 20. The School Code is amended by adding Section
734-89 as follows:
 
8    (105 ILCS 5/34-89 new)
9    Sec. 34-89. Accelerated pension benefit program.
10    (a) The board may establish an accelerated pension benefit
11program for the pension fund established under Article 17 of
12the Illinois Pension Code. The accelerated pension benefit
13program shall provide eligible participants the option to
14elect an accelerated pension benefit payment with regard to
15teachers who participate under Article 17 of the Illinois
16Pension Code in accordance with the applicable provisions of
17Article 17 of the Illinois Pension Code authorizing
18accelerated pension benefit payments.
19    (b) If the board elects to establish the accelerated
20pension benefit program for a fiscal year beginning in 2026,
21the board must notify the pension fund and remit a
22contribution to the pension fund in an amount determined by
23the board at least 30 days before the program is to be
24implemented. If the board elects to establish the accelerated

 

 

10400SB3404sam002- 86 -LRB104 18864 RPS 37143 a

1pension benefit program for a fiscal year beginning in 2027,
2the board shall remit to the pension fund, not later than 30
3days prior to the beginning of the fiscal year for which the
4accelerated pension benefit program is to be made available, a
5contribution to the pension fund in an amount determined by
6the board. The contribution shall constitute the total funding
7available to that pension fund for accelerated pension benefit
8payments for that fiscal year, and accelerated pension benefit
9payments shall be issued by the applicable pension fund in
10accordance with the provisions concerning accelerated pension
11benefit payment 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 board'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
24board 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 board does not

 

 

10400SB3404sam002- 87 -LRB104 18864 RPS 37143 a

1notify the pension fund, the moneys shall be remitted back to
2the board. If an accelerated pension benefit program is not
3authorized under Article 17 of the Illinois Pension Code for
4the following fiscal year, then the pension fund shall remit
5the moneys back to the board.
6    (c) This Section shall be construed as supplemental to
7existing board powers and shall not be interpreted to impair
8any 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.".