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Sen. Robert F. Martwick
Filed: 4/28/2026
| | 10400SB3404sam002 | | LRB104 18864 RPS 37143 a |
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| 1 | | AMENDMENT TO SENATE BILL 3404
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3404 by replacing |
| 3 | | everything after the enacting clause with the following: |
| 4 | | "Section 5. The Illinois Pension Code is amended by adding |
| 5 | | Sections 3-144.3, 3-144.4, 4-138.15, 4-138.16, 5-218.5, |
| 6 | | 5-218.6, 6-213.5, 6-213.6, 8-244.5, 8-244.6, 9-134.6, 9-134.7, |
| 7 | | 10-104.6, 10-104.7, 11-223.5, 11-223.6, 12-133.8, 12-133.9, |
| 8 | | 17-120.5, 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 |
| 11 | | of 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, |
| 6 | | or Article 1 as it relates to those benefits, including any |
| 7 | | anticipated annual increases, that an eligible person is |
| 8 | | entitled to upon attainment of the applicable retirement age. |
| 9 | | "Pension benefit" also includes applicable survivor's or |
| 10 | | disability benefits. |
| 11 | | (b) If an employer has elected to provide funding for an |
| 12 | | accelerated pension benefit program, then as soon as practical |
| 13 | | after June 30, 2026 or as soon as practical after the employer |
| 14 | | has made that election, whichever is later, the fund shall |
| 15 | | calculate, using actuarial tables and other assumptions |
| 16 | | adopted by the Board, the present value of pension benefits |
| 17 | | for each eligible person who requests that information and |
| 18 | | shall offer each eligible person the opportunity to |
| 19 | | irrevocably elect to receive an amount determined by the fund |
| 20 | | to be equal to 60% of the present value of his or her pension |
| 21 | | benefits in lieu of receiving any pension benefit. The offer |
| 22 | | shall specify the dollar amount that the eligible person will |
| 23 | | receive if he or she so elects and shall expire when a |
| 24 | | subsequent offer is made to an eligible person. An eligible |
| 25 | | person is limited to one calculation and offer per fiscal |
| 26 | | year. The fund shall make a good faith effort to contact every |
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| | 10400SB3404sam002 | - 3 - | LRB104 18864 RPS 37143 a |
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| 1 | | eligible person to notify him or her of the election. |
| 2 | | Until June 30, 2028, an eligible person may irrevocably |
| 3 | | elect to receive an accelerated pension benefit payment in the |
| 4 | | amount that the fund offers under this subsection in lieu of |
| 5 | | receiving any pension benefit. |
| 6 | | (c) A person's creditable service under this Article shall |
| 7 | | be terminated upon the person's receipt of an accelerated |
| 8 | | pension benefit payment under this Section, and no other |
| 9 | | benefit shall be paid under this Article based on the |
| 10 | | terminated creditable service, including any retirement, |
| 11 | | survivor, or other benefit. |
| 12 | | (d) If a person who has received an accelerated pension |
| 13 | | benefit payment under this Section returns to active service |
| 14 | | under 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 |
| 23 | | benefit payment, the accelerated pension benefit payment must |
| 24 | | be transferred into a tax qualified retirement plan or |
| 25 | | account. The accelerated pension benefit payment under this |
| 26 | | Section may be subject to withholding or payment of applicable |
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| | 10400SB3404sam002 | - 4 - | LRB104 18864 RPS 37143 a |
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| 1 | | taxes, but to the extent permitted by federal law, a person who |
| 2 | | receives an accelerated pension benefit payment under this |
| 3 | | Section must direct the fund to pay all of that payment as a |
| 4 | | rollover into another retirement plan or account qualified |
| 5 | | under the Internal Revenue Code of 1986, as amended. |
| 6 | | (f) Before accepting a member's irrevocable election to |
| 7 | | receive an accelerated pension benefit payment under this |
| 8 | | Section, the fund shall verify that it has a sufficient amount |
| 9 | | of moneys to pay for the accelerated pension benefit payment |
| 10 | | from the contribution remitted by the employer for that |
| 11 | | purpose. Moneys remitted to the fund for the purpose of the |
| 12 | | accelerated pension benefit program must be kept in a separate |
| 13 | | account. If the fund determines it does not have sufficient |
| 14 | | moneys to make the accelerated pension benefit payment, then |
| 15 | | the fund shall not accept the member's irrevocable election |
| 16 | | and shall notify the member of that fact. The member may |
| 17 | | reapply for the accelerated pension benefit payment after that |
| 18 | | fiscal year. Elections shall be processed and paid in the |
| 19 | | order in which complete applications are received by the fund, |
| 20 | | subject to the availability of funds. If the fund accepts the |
| 21 | | member's irrevocable election to receive an accelerated |
| 22 | | pension benefit payment under this Section, then the fund |
| 23 | | shall transfer, from the moneys remitted to the fund for that |
| 24 | | purpose, the amount of the accelerated pension benefit payment |
| 25 | | into the member's eligible retirement plan or qualified |
| 26 | | account. If any moneys remain in the account maintained by the |
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| | 10400SB3404sam002 | - 5 - | LRB104 18864 RPS 37143 a |
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| 1 | | fund for the purpose of the accelerated pension benefit |
| 2 | | program at the end of the fiscal year, the fund must remit |
| 3 | | those moneys back to the employer within one month after the |
| 4 | | end of the fiscal year, unless the employer notifies the fund |
| 5 | | at least one month before the end of the fiscal year that the |
| 6 | | funds shall remain in the account to be used for the subsequent |
| 7 | | fiscal year. |
| 8 | | (g) The Board shall adopt any rules, including emergency |
| 9 | | rules, necessary to implement this Section. |
| 10 | | (h) No provision of this Section shall be interpreted in a |
| 11 | | way that would cause the applicable fund to cease to be a |
| 12 | | qualified 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 |
| 15 | | reduction in annual retirement pension increases. |
| 16 | | (a) As used in this Section: |
| 17 | | "Accelerated pension benefit payment" means a lump sum |
| 18 | | payment equal to 70% of the difference of the present value of |
| 19 | | the automatic annual increases to a Tier 1 member's retirement |
| 20 | | pension using the formula applicable to the Tier 1 member and |
| 21 | | the present value of the automatic annual increases to the |
| 22 | | Tier 1 member's retirement pension using the formula provided |
| 23 | | under subsection (b-5). |
| 24 | | "Eligible person" means a person who: |
| 25 | | (1) is a Tier 1 member; |
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| | 10400SB3404sam002 | - 6 - | LRB104 18864 RPS 37143 a |
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| 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 |
| 9 | | officer under this Article before January 1, 2011. |
| 10 | | (b) Until June 30, 2028, if an employer elects to provide |
| 11 | | funding for an accelerated pension benefit program, then as |
| 12 | | soon as practical after June 30, 2026 or as soon as practical |
| 13 | | after the employer makes that election, whichever is later, |
| 14 | | the fund shall implement an accelerated pension benefit |
| 15 | | payment option for eligible persons. Upon the request of an |
| 16 | | eligible person, if the employer has elected to provide |
| 17 | | funding for an accelerated pension benefit program, the fund |
| 18 | | shall calculate, using actuarial tables and other assumptions |
| 19 | | adopted by the Board, an accelerated pension benefit payment |
| 20 | | amount and shall offer that eligible person the opportunity to |
| 21 | | irrevocably elect to have his or her automatic annual |
| 22 | | increases in retirement pension calculated in accordance with |
| 23 | | the formula provided under subsection (b-5) in exchange for |
| 24 | | the accelerated pension benefit payment. The election under |
| 25 | | this subsection must be made before the eligible person |
| 26 | | receives the first payment of a retirement pension otherwise |
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| | 10400SB3404sam002 | - 7 - | LRB104 18864 RPS 37143 a |
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| 1 | | payable under this Article. An eligible person is limited to |
| 2 | | one calculation and offer per fiscal year. |
| 3 | | (b-5) Notwithstanding any other provision of law, the |
| 4 | | retirement pension of a person who made the election under |
| 5 | | subsection (b) shall be subject to annual increases on the |
| 6 | | January 1 occurring either on or after the attainment of age 67 |
| 7 | | or the first anniversary of the pension start date, whichever |
| 8 | | is later. Each annual increase shall be calculated at 1.5% of |
| 9 | | the originally granted retirement pension. |
| 10 | | (c) If a person who has received an accelerated pension |
| 11 | | benefit payment returns to active service under this Article, |
| 12 | | then: |
| 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 |
| 20 | | benefit payment, the accelerated pension benefit payment must |
| 21 | | be transferred into a tax qualified retirement plan or |
| 22 | | account. The accelerated pension benefit payment under this |
| 23 | | Section may be subject to withholding or payment of applicable |
| 24 | | taxes, but to the extent permitted by federal law, a person who |
| 25 | | receives an accelerated pension benefit payment under this |
| 26 | | Section must direct the fund to pay all of that payment as a |
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| | 10400SB3404sam002 | - 8 - | LRB104 18864 RPS 37143 a |
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| 1 | | rollover into another retirement plan or account qualified |
| 2 | | under the Internal Revenue Code of 1986, as amended. |
| 3 | | (d-5) Before accepting a member's irrevocable election to |
| 4 | | receive an accelerated pension benefit payment under this |
| 5 | | Section, the fund shall verify that it has a sufficient amount |
| 6 | | of moneys to pay for the accelerated pension benefit payment |
| 7 | | from the contribution remitted by the employer for that |
| 8 | | purpose. Moneys remitted to the fund for the purpose of this |
| 9 | | program must be kept in a separate account. If the fund |
| 10 | | determines it does not have sufficient moneys to make the |
| 11 | | accelerated pension benefit payment, then the fund shall not |
| 12 | | accept the member's irrevocable election and shall notify the |
| 13 | | member of that fact. The member may reapply for the |
| 14 | | accelerated pension benefit payment after that fiscal year. |
| 15 | | Elections shall be processed and paid in the order in which |
| 16 | | complete applications are received by the fund, subject to the |
| 17 | | availability of funds. If the fund accepts the member's |
| 18 | | irrevocable election to receive an accelerated pension benefit |
| 19 | | payment under this Section, then the fund shall transfer, from |
| 20 | | the moneys remitted to the fund for that purpose, the amount of |
| 21 | | the accelerated pension benefit payment into the member's |
| 22 | | eligible retirement plan or qualified account. If any moneys |
| 23 | | remain in the account at the end of the fiscal year, the fund |
| 24 | | must remit those moneys back to the employer within one month |
| 25 | | after the end of the fiscal year, unless the employer notifies |
| 26 | | the fund at least one month before the end of the fiscal year |
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| | 10400SB3404sam002 | - 9 - | LRB104 18864 RPS 37143 a |
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| 1 | | that the funds shall remain in the account to be used for the |
| 2 | | accelerated pension benefit program for the subsequent fiscal |
| 3 | | year. |
| 4 | | (e) The Board shall adopt any rules, including emergency |
| 5 | | rules, necessary to implement this Section. |
| 6 | | (f) No provision of this Section shall be interpreted in a |
| 7 | | way that would cause the applicable fund to cease to be a |
| 8 | | qualified 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 |
| 11 | | of 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, |
| 22 | | or Article 1 as it relates to those benefits, including any |
| 23 | | anticipated annual increases, that an eligible person is |
| 24 | | entitled to upon attainment of the applicable retirement age. |
| 25 | | "Pension benefit" also includes applicable survivor's or |
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| | 10400SB3404sam002 | - 10 - | LRB104 18864 RPS 37143 a |
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| 1 | | disability benefits. |
| 2 | | (b) If an employer has elected to provide funding for an |
| 3 | | accelerated pension benefit program, then as soon as practical |
| 4 | | after June 30, 2026 or as soon as practical after the employer |
| 5 | | has made that election, whichever is later, the fund shall |
| 6 | | calculate, using actuarial tables and other assumptions |
| 7 | | adopted by the Board, the present value of pension benefits |
| 8 | | for each eligible person who requests that information and |
| 9 | | shall offer each eligible person the opportunity to |
| 10 | | irrevocably elect to receive an amount determined by the fund |
| 11 | | to be equal to 60% of the present value of his or her pension |
| 12 | | benefits in lieu of receiving any pension benefit. The offer |
| 13 | | shall specify the dollar amount that the eligible person will |
| 14 | | receive if he or she so elects and shall expire when a |
| 15 | | subsequent offer is made to an eligible person. An eligible |
| 16 | | person is limited to one calculation and offer per fiscal |
| 17 | | year. The fund shall make a good faith effort to contact every |
| 18 | | eligible person to notify him or her of the election. |
| 19 | | Until June 30, 2028, an eligible person may irrevocably |
| 20 | | elect to receive an accelerated pension benefit payment in the |
| 21 | | amount that the fund offers under this subsection in lieu of |
| 22 | | receiving any pension benefit. |
| 23 | | (c) A person's creditable service under this Article shall |
| 24 | | be terminated upon the person's receipt of an accelerated |
| 25 | | pension benefit payment under this Section, and no other |
| 26 | | benefit shall be paid under this Article based on the |
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| | 10400SB3404sam002 | - 11 - | LRB104 18864 RPS 37143 a |
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| 1 | | terminated creditable service, including any retirement, |
| 2 | | survivor, or other benefit. |
| 3 | | (d) If a person who has received an accelerated pension |
| 4 | | benefit payment under this Section returns to active service |
| 5 | | under 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 |
| 14 | | benefit payment, the accelerated pension benefit payment must |
| 15 | | be transferred into a tax qualified retirement plan or |
| 16 | | account. The accelerated pension benefit payment under this |
| 17 | | Section may be subject to withholding or payment of applicable |
| 18 | | taxes, but to the extent permitted by federal law, a person who |
| 19 | | receives an accelerated pension benefit payment under this |
| 20 | | Section must direct the fund to pay all of that payment as a |
| 21 | | rollover into another retirement plan or account qualified |
| 22 | | under the Internal Revenue Code of 1986, as amended. |
| 23 | | (f) Before accepting a member's irrevocable election to |
| 24 | | receive an accelerated pension benefit payment under this |
| 25 | | Section, the fund shall verify that it has a sufficient amount |
| 26 | | of moneys to pay for the accelerated pension benefit payment |
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| | 10400SB3404sam002 | - 12 - | LRB104 18864 RPS 37143 a |
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| 1 | | from the contribution remitted by the employer for that |
| 2 | | purpose. Moneys remitted to the fund for the purpose of the |
| 3 | | accelerated pension benefit program must be kept in a separate |
| 4 | | account. If the fund determines it does not have sufficient |
| 5 | | moneys to make the accelerated pension benefit payment, then |
| 6 | | the fund shall not accept the member's irrevocable election |
| 7 | | and shall notify the member of that fact. The member may |
| 8 | | reapply for the accelerated pension benefit payment after that |
| 9 | | fiscal year. Elections shall be processed and paid in the |
| 10 | | order in which complete applications are received by the fund, |
| 11 | | subject to the availability of funds. If the fund accepts the |
| 12 | | member's irrevocable election to receive an accelerated |
| 13 | | pension benefit payment under this Section, then the fund |
| 14 | | shall transfer, from the moneys remitted to the fund for that |
| 15 | | purpose, the amount of the accelerated pension benefit payment |
| 16 | | into the member's eligible retirement plan or qualified |
| 17 | | account. If any moneys remain in the account maintained by the |
| 18 | | fund for the purpose of the accelerated pension benefit |
| 19 | | program at the end of the fiscal year, the fund must remit |
| 20 | | those moneys back to the employer within one month after the |
| 21 | | end of the fiscal year, unless the employer notifies the fund |
| 22 | | at least one month before the end of the fiscal year that the |
| 23 | | funds shall remain in the account to be used for the subsequent |
| 24 | | fiscal year. |
| 25 | | (g) The Board shall adopt any rules, including emergency |
| 26 | | rules, necessary to implement this Section. |
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| | 10400SB3404sam002 | - 13 - | LRB104 18864 RPS 37143 a |
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| 1 | | (h) No provision of this Section shall be interpreted in a |
| 2 | | way that would cause the applicable fund to cease to be a |
| 3 | | qualified 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 |
| 6 | | reduction in annual retirement pension increases. |
| 7 | | (a) As used in this Section: |
| 8 | | "Accelerated pension benefit payment" means a lump sum |
| 9 | | payment equal to 70% of the difference of the present value of |
| 10 | | the automatic annual increases to a Tier 1 member's retirement |
| 11 | | pension using the formula applicable to the Tier 1 member and |
| 12 | | the present value of the automatic annual increases to the |
| 13 | | Tier 1 member's retirement pension using the formula provided |
| 14 | | under 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 |
| 25 | | firefighter before January 1, 2011. |
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| | 10400SB3404sam002 | - 14 - | LRB104 18864 RPS 37143 a |
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| 1 | | (b) Until June 30, 2028, if an employer elects to provide |
| 2 | | funding for an accelerated pension benefit program, then as |
| 3 | | soon as practical after June 30, 2026 or as soon as practical |
| 4 | | after the employer makes that election, whichever is later, |
| 5 | | the fund shall implement an accelerated pension benefit |
| 6 | | payment option for eligible persons. Upon the request of an |
| 7 | | eligible person, if the employer has elected to provide |
| 8 | | funding for an accelerated pension benefit program, the fund |
| 9 | | shall calculate, using actuarial tables and other assumptions |
| 10 | | adopted by the Board, an accelerated pension benefit payment |
| 11 | | amount and shall offer that eligible person the opportunity to |
| 12 | | irrevocably elect to have his or her automatic annual |
| 13 | | increases in retirement pension calculated in accordance with |
| 14 | | the formula provided under subsection (b-5) in exchange for |
| 15 | | the accelerated pension benefit payment. The election under |
| 16 | | this subsection must be made before the eligible person |
| 17 | | receives the first payment of a retirement pension otherwise |
| 18 | | payable under this Article. An eligible person is limited to |
| 19 | | one calculation and offer per fiscal year. |
| 20 | | (b-5) Notwithstanding any other provision of law, the |
| 21 | | retirement pension of a person who made the election under |
| 22 | | subsection (b) shall be subject to annual increases on the |
| 23 | | January 1 occurring either on or after the attainment of age 67 |
| 24 | | or the first anniversary of the pension start date, whichever |
| 25 | | is later. Each annual increase shall be calculated at 1.5% of |
| 26 | | the originally granted retirement pension. |
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| | 10400SB3404sam002 | - 15 - | LRB104 18864 RPS 37143 a |
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| 1 | | (c) If a person who has received an accelerated pension |
| 2 | | benefit payment returns to active service under this Article, |
| 3 | | then: |
| 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 |
| 11 | | benefit payment, the accelerated pension benefit payment must |
| 12 | | be transferred into a tax qualified retirement plan or |
| 13 | | account. The accelerated pension benefit payment under this |
| 14 | | Section may be subject to withholding or payment of applicable |
| 15 | | taxes, but to the extent permitted by federal law, a person who |
| 16 | | receives an accelerated pension benefit payment under this |
| 17 | | Section must direct the fund to pay all of that payment as a |
| 18 | | rollover into another retirement plan or account qualified |
| 19 | | under the Internal Revenue Code of 1986, as amended. |
| 20 | | (d-5) Before accepting a member's irrevocable election to |
| 21 | | receive an accelerated pension benefit payment under this |
| 22 | | Section, the fund shall verify that it has a sufficient amount |
| 23 | | of moneys to pay for the accelerated pension benefit payment |
| 24 | | from the contribution remitted by the employer for that |
| 25 | | purpose. Moneys remitted to the fund for the purpose of this |
| 26 | | program must be kept in a separate account. If the fund |
|
| | 10400SB3404sam002 | - 16 - | LRB104 18864 RPS 37143 a |
|
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| 1 | | determines it does not have sufficient moneys to make the |
| 2 | | accelerated pension benefit payment, then the fund shall not |
| 3 | | accept the member's irrevocable election and shall notify the |
| 4 | | member of that fact. The member may reapply for the |
| 5 | | accelerated pension benefit payment after that fiscal year. |
| 6 | | Elections shall be processed and paid in the order in which |
| 7 | | complete applications are received by the fund, subject to the |
| 8 | | availability of funds. If the fund accepts the member's |
| 9 | | irrevocable election to receive an accelerated pension benefit |
| 10 | | payment under this Section, then the fund shall transfer, from |
| 11 | | the moneys remitted to the fund for that purpose, the amount of |
| 12 | | the accelerated pension benefit payment into the member's |
| 13 | | eligible retirement plan or qualified account. If any moneys |
| 14 | | remain in the account at the end of the fiscal year, the fund |
| 15 | | must remit those moneys back to the employer within one month |
| 16 | | after the end of the fiscal year, unless the employer notifies |
| 17 | | the fund at least one month before the end of the fiscal year |
| 18 | | that the funds shall remain in the account to be used for the |
| 19 | | accelerated pension benefit program for the subsequent fiscal |
| 20 | | year. |
| 21 | | (e) The Board shall adopt any rules, including emergency |
| 22 | | rules, necessary to implement this Section. |
| 23 | | (f) No provision of this Section shall be interpreted in a |
| 24 | | way that would cause the applicable fund to cease to be a |
| 25 | | qualified plan under the Internal Revenue Code of 1986. |
|
| | 10400SB3404sam002 | - 17 - | LRB104 18864 RPS 37143 a |
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| 1 | | (40 ILCS 5/5-218.5 new) |
| 2 | | Sec. 5-218.5. Accelerated pension benefit payment in lieu |
| 3 | | of 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, |
| 14 | | or Article 1 as it relates to those benefits, including any |
| 15 | | anticipated annual increases, that an eligible person is |
| 16 | | entitled to upon attainment of the applicable retirement age. |
| 17 | | "Pension benefit" also includes applicable survivor's or |
| 18 | | disability benefits. |
| 19 | | (b) If an employer has elected to provide funding for an |
| 20 | | accelerated pension benefit program, then as soon as practical |
| 21 | | after June 30, 2026 or as soon as practical after the employer |
| 22 | | has made that election, whichever is later, the Fund shall |
| 23 | | calculate, using actuarial tables and other assumptions |
| 24 | | adopted by the Board, the present value of pension benefits |
| 25 | | for each eligible person who requests that information and |
| 26 | | shall offer each eligible person the opportunity to |
|
| | 10400SB3404sam002 | - 18 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | irrevocably elect to receive an amount determined by the Fund |
| 2 | | to be equal to 60% of the present value of his or her pension |
| 3 | | benefits in lieu of receiving any pension benefit. The offer |
| 4 | | shall specify the dollar amount that the eligible person will |
| 5 | | receive if he or she so elects and shall expire when a |
| 6 | | subsequent offer is made to an eligible person. An eligible |
| 7 | | person is limited to one calculation and offer per fiscal |
| 8 | | year. The Fund shall make a good faith effort to contact every |
| 9 | | eligible person to notify him or her of the election. |
| 10 | | Until June 30, 2028, an eligible person may irrevocably |
| 11 | | elect to receive an accelerated pension benefit payment in the |
| 12 | | amount that the Fund offers under this subsection in lieu of |
| 13 | | receiving any pension benefit. |
| 14 | | (c) A person's creditable service under this Article shall |
| 15 | | be terminated upon the person's receipt of an accelerated |
| 16 | | pension benefit payment under this Section, and no other |
| 17 | | benefit shall be paid under this Article based on the |
| 18 | | terminated creditable service, including any retirement, |
| 19 | | survivor, or other benefit. |
| 20 | | (d) If a person who has received an accelerated pension |
| 21 | | benefit payment under this Section returns to active service |
| 22 | | under 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. |
|
| | 10400SB3404sam002 | - 19 - | LRB104 18864 RPS 37143 a |
|
|
| 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 |
| 5 | | benefit payment, the accelerated pension benefit payment must |
| 6 | | be transferred into a tax qualified retirement plan or |
| 7 | | account. The accelerated pension benefit payment under this |
| 8 | | Section may be subject to withholding or payment of applicable |
| 9 | | taxes, but to the extent permitted by federal law, a person who |
| 10 | | receives an accelerated pension benefit payment under this |
| 11 | | Section must direct the Fund to pay all of that payment as a |
| 12 | | rollover into another retirement plan or account qualified |
| 13 | | under the Internal Revenue Code of 1986, as amended. |
| 14 | | (f) Before accepting a member's irrevocable election to |
| 15 | | receive an accelerated pension benefit payment under this |
| 16 | | Section, the Fund shall verify that it has a sufficient amount |
| 17 | | of moneys to pay for the accelerated pension benefit payment |
| 18 | | from the contribution remitted by the employer for that |
| 19 | | purpose. Moneys remitted to the Fund for the purpose of the |
| 20 | | accelerated pension benefit program must be kept in a separate |
| 21 | | account. If the Fund determines it does not have sufficient |
| 22 | | moneys to make the accelerated pension benefit payment, then |
| 23 | | the Fund shall not accept the member's irrevocable election |
| 24 | | and shall notify the member of that fact. The member may |
| 25 | | reapply for the accelerated pension benefit payment after that |
| 26 | | fiscal year. Elections shall be processed and paid in the |
|
| | 10400SB3404sam002 | - 20 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | order in which complete applications are received by the Fund, |
| 2 | | subject to the availability of funds. If the Fund accepts the |
| 3 | | member's irrevocable election to receive an accelerated |
| 4 | | pension benefit payment under this Section, then the Fund |
| 5 | | shall transfer, from the moneys remitted to the Fund for that |
| 6 | | purpose, the amount of the accelerated pension benefit payment |
| 7 | | into the member's eligible retirement plan or qualified |
| 8 | | account. If any moneys remain in the account maintained by the |
| 9 | | Fund for the purpose of the accelerated pension benefit |
| 10 | | program at the end of the fiscal year, the Fund must remit |
| 11 | | those moneys back to the employer within one month after the |
| 12 | | end of the fiscal year, unless the employer notifies the Fund |
| 13 | | at least one month before the end of the fiscal year that the |
| 14 | | funds shall remain in the account to be used for the subsequent |
| 15 | | fiscal year. |
| 16 | | (g) The Board shall adopt any rules, including emergency |
| 17 | | rules, necessary to implement this Section. |
| 18 | | (h) No provision of this Section shall be interpreted in a |
| 19 | | way that would cause the Fund to cease to be a qualified plan |
| 20 | | under 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 |
| 23 | | reduction 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 |
|
|
| 1 | | payment equal to 70% of the difference of the present value of |
| 2 | | the automatic annual increases to a Tier 1 member's retirement |
| 3 | | annuity and survivor's annuity using the formula applicable to |
| 4 | | the Tier 1 member and the present value of the automatic annual |
| 5 | | increases to the Tier 1 member's retirement annuity using the |
| 6 | | formula 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 |
| 17 | | policeman before January 1, 2011. |
| 18 | | (b) Until June 30, 2028, if an employer elects to provide |
| 19 | | funding for an accelerated pension benefit program, then as |
| 20 | | soon as practical after June 30, 2026 or as soon as practical |
| 21 | | after the employer makes that election, whichever is later, |
| 22 | | the Fund shall implement an accelerated pension benefit |
| 23 | | payment option for eligible persons. Upon the request of an |
| 24 | | eligible person, if the employer has elected to provide |
| 25 | | funding for an accelerated pension benefit program, the Fund |
| 26 | | shall calculate, using actuarial tables and other assumptions |
|
| | 10400SB3404sam002 | - 22 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | adopted by the Board, an accelerated pension benefit payment |
| 2 | | amount and shall offer that eligible person the opportunity to |
| 3 | | irrevocably elect to have his or her automatic annual |
| 4 | | increases in retirement pension calculated in accordance with |
| 5 | | the formula provided under subsection (b-5) in exchange for |
| 6 | | the accelerated pension benefit payment. The election under |
| 7 | | this subsection must be made before the eligible person |
| 8 | | receives the first payment of a retirement pension otherwise |
| 9 | | payable under this Article. An eligible person is limited to |
| 10 | | one calculation and offer per fiscal year. |
| 11 | | (b-5) Notwithstanding any other provision of law, the |
| 12 | | retirement annuity of a person who made the election under |
| 13 | | subsection (b) shall be subject to annual increases on the |
| 14 | | January 1 occurring either on or after the attainment of age 67 |
| 15 | | or the first anniversary of the annuity start date, whichever |
| 16 | | is later. Each annual increase shall be calculated at 1.5% of |
| 17 | | the originally granted retirement annuity. |
| 18 | | (c) If a person who has received an accelerated pension |
| 19 | | benefit payment returns to active service under this Article, |
| 20 | | then: |
| 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 |
| 2 | | benefit payment, the accelerated pension benefit payment must |
| 3 | | be transferred into a tax qualified retirement plan or |
| 4 | | account. The accelerated pension benefit payment under this |
| 5 | | Section may be subject to withholding or payment of applicable |
| 6 | | taxes, but to the extent permitted by federal law, a person who |
| 7 | | receives an accelerated pension benefit payment under this |
| 8 | | Section must direct the Fund to pay all of that payment as a |
| 9 | | rollover into another retirement plan or account qualified |
| 10 | | under the Internal Revenue Code of 1986, as amended. |
| 11 | | (d-5) Before accepting a member's irrevocable election to |
| 12 | | receive an accelerated pension benefit payment under this |
| 13 | | Section, the Fund shall verify that it has a sufficient amount |
| 14 | | of moneys to pay for the accelerated pension benefit payment |
| 15 | | from the contribution remitted by the employer for that |
| 16 | | purpose. Moneys remitted to the Fund for the purpose of this |
| 17 | | program must be kept in a separate account. If the Fund |
| 18 | | determines it does not have sufficient moneys to make the |
| 19 | | accelerated pension benefit payment, then the Fund shall not |
| 20 | | accept the member's irrevocable election and shall notify the |
| 21 | | member of that fact. The member may reapply for the |
| 22 | | accelerated pension benefit payment after that fiscal year. |
| 23 | | Elections shall be processed and paid in the order in which |
| 24 | | complete applications are received by the Fund, subject to the |
| 25 | | availability of funds. If the Fund accepts the member's |
| 26 | | irrevocable election to receive an accelerated pension benefit |
|
| | 10400SB3404sam002 | - 24 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | payment under this Section, then the Fund shall transfer, from |
| 2 | | the moneys remitted to the Fund for that purpose, the amount of |
| 3 | | the accelerated pension benefit payment into the member's |
| 4 | | eligible retirement plan or qualified account. If any moneys |
| 5 | | remain in the account at the end of the fiscal year, the Fund |
| 6 | | must remit those moneys back to the employer within one month |
| 7 | | after the end of the fiscal year, unless the employer notifies |
| 8 | | the Fund at least one month before the end of the fiscal year |
| 9 | | that the funds shall remain in the account to be used for the |
| 10 | | accelerated pension benefit program for the subsequent fiscal |
| 11 | | year. |
| 12 | | (e) The Board shall adopt any rules, including emergency |
| 13 | | rules, necessary to implement this Section. |
| 14 | | (f) No provision of this Section shall be interpreted in a |
| 15 | | way that would cause the Fund to cease to be a qualified plan |
| 16 | | under 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 |
| 19 | | of 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, |
| 5 | | or Article 1 as it relates to those benefits, including any |
| 6 | | anticipated annual increases, that an eligible person is |
| 7 | | entitled to upon attainment of the applicable retirement age. |
| 8 | | "Pension benefit" also includes applicable survivor's or |
| 9 | | disability benefits. |
| 10 | | (b) If an employer has elected to provide funding for an |
| 11 | | accelerated pension benefit program, then as soon as practical |
| 12 | | after June 30, 2026 or as soon as practical after the employer |
| 13 | | has made that election, whichever is later, the Fund shall |
| 14 | | calculate, using actuarial tables and other assumptions |
| 15 | | adopted by the Board, the present value of pension benefits |
| 16 | | for each eligible person who requests that information and |
| 17 | | shall offer each eligible person the opportunity to |
| 18 | | irrevocably elect to receive an amount determined by the Fund |
| 19 | | to be equal to 60% of the present value of his or her pension |
| 20 | | benefits in lieu of receiving any pension benefit. The offer |
| 21 | | shall specify the dollar amount that the eligible person will |
| 22 | | receive if he or she so elects and shall expire when a |
| 23 | | subsequent offer is made to an eligible person. An eligible |
| 24 | | person is limited to one calculation and offer per fiscal |
| 25 | | year. The Fund shall make a good faith effort to contact every |
| 26 | | eligible 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 |
| 2 | | elect to receive an accelerated pension benefit payment in the |
| 3 | | amount that the Fund offers under this subsection in lieu of |
| 4 | | receiving any pension benefit. |
| 5 | | (c) A person's creditable service under this Article shall |
| 6 | | be terminated upon the person's receipt of an accelerated |
| 7 | | pension benefit payment under this Section, and no other |
| 8 | | benefit shall be paid under this Article based on the |
| 9 | | terminated creditable service, including any retirement, |
| 10 | | survivor, or other benefit. |
| 11 | | (d) If a person who has received an accelerated pension |
| 12 | | benefit payment under this Section returns to active service |
| 13 | | under 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 |
| 22 | | benefit payment, the accelerated pension benefit payment must |
| 23 | | be transferred into a tax qualified retirement plan or |
| 24 | | account. The accelerated pension benefit payment under this |
| 25 | | Section may be subject to withholding or payment of applicable |
| 26 | | taxes, but to the extent permitted by federal law, a person who |
|
| | 10400SB3404sam002 | - 27 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | receives an accelerated pension benefit payment under this |
| 2 | | Section must direct the Fund to pay all of that payment as a |
| 3 | | rollover into another retirement plan or account qualified |
| 4 | | under the Internal Revenue Code of 1986, as amended. |
| 5 | | (f) Before accepting a member's irrevocable election to |
| 6 | | receive an accelerated pension benefit payment under this |
| 7 | | Section, the Fund shall verify that it has a sufficient amount |
| 8 | | of moneys to pay for the accelerated pension benefit payment |
| 9 | | from the contribution remitted by the employer for that |
| 10 | | purpose. Moneys remitted to the Fund for the purpose of the |
| 11 | | accelerated pension benefit program must be kept in a separate |
| 12 | | account. If the Fund determines it does not have sufficient |
| 13 | | moneys to make the accelerated pension benefit payment, then |
| 14 | | the Fund shall not accept the member's irrevocable election |
| 15 | | and shall notify the member of that fact. The member may |
| 16 | | reapply for the accelerated pension benefit payment after that |
| 17 | | fiscal year. Elections shall be processed and paid in the |
| 18 | | order in which complete applications are received by the Fund, |
| 19 | | subject to the availability of funds. If the Fund accepts the |
| 20 | | member's irrevocable election to receive an accelerated |
| 21 | | pension benefit payment under this Section, then the Fund |
| 22 | | shall transfer, from the moneys remitted to the Fund for that |
| 23 | | purpose, the amount of the accelerated pension benefit payment |
| 24 | | into the member's eligible retirement plan or qualified |
| 25 | | account. If any moneys remain in the account maintained by the |
| 26 | | Fund for the purpose of the accelerated pension benefit |
|
| | 10400SB3404sam002 | - 28 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | program at the end of the fiscal year, the Fund must remit |
| 2 | | those moneys back to the employer within one month after the |
| 3 | | end of the fiscal year, unless the employer notifies the Fund |
| 4 | | at least one month before the end of the fiscal year that the |
| 5 | | funds shall remain in the account to be used for the subsequent |
| 6 | | fiscal year. |
| 7 | | (g) The Board shall adopt any rules, including emergency |
| 8 | | rules, necessary to implement this Section. |
| 9 | | (h) No provision of this Section shall be interpreted in a |
| 10 | | way that would cause the Fund to cease to be a qualified plan |
| 11 | | under 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 |
| 14 | | reduction in annual retirement annuity increases. |
| 15 | | (a) As used in this Section: |
| 16 | | "Accelerated pension benefit payment" means a lump sum |
| 17 | | payment equal to 70% of the difference of the present value of |
| 18 | | the automatic annual increases to a Tier 1 member's retirement |
| 19 | | annuity and survivor's annuity using the formula applicable to |
| 20 | | the Tier 1 member and the present value of the automatic annual |
| 21 | | increases to the Tier 1 member's retirement annuity using the |
| 22 | | formula provided under subsection (b-5). "Eligible person" |
| 23 | | means 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 |
| 8 | | under this Article before January 1, 2011. |
| 9 | | (b) Until June 30, 2028, if an employer elects to provide |
| 10 | | funding for an accelerated pension benefit program, then as |
| 11 | | soon as practical after June 30, 2026 or as soon as practical |
| 12 | | after the employer makes that election, whichever is later, |
| 13 | | the Fund shall implement an accelerated pension benefit |
| 14 | | payment option for eligible persons. Upon the request of an |
| 15 | | eligible person, if the employer has elected to provide |
| 16 | | funding for an accelerated pension benefit program, the Fund |
| 17 | | shall calculate, using actuarial tables and other assumptions |
| 18 | | adopted by the Board, an accelerated pension benefit payment |
| 19 | | amount and shall offer that eligible person the opportunity to |
| 20 | | irrevocably elect to have his or her automatic annual |
| 21 | | increases in retirement pension calculated in accordance with |
| 22 | | the formula provided under subsection (b-5) in exchange for |
| 23 | | the accelerated pension benefit payment. The election under |
| 24 | | this subsection must be made before the eligible person |
| 25 | | receives the first payment of a retirement pension otherwise |
| 26 | | payable under this Article. An eligible person is limited to |
|
| | 10400SB3404sam002 | - 30 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | one calculation and offer per fiscal year. |
| 2 | | (b-5) Notwithstanding any other provision of law, the |
| 3 | | retirement annuity of a person who made the election under |
| 4 | | subsection (b) shall be subject to annual increases on the |
| 5 | | January 1 occurring either on or after the attainment of age 67 |
| 6 | | or the first anniversary of the annuity start date, whichever |
| 7 | | is later. Each annual increase shall be calculated at 1.5% of |
| 8 | | the originally granted retirement annuity. |
| 9 | | (c) If a person who has received an accelerated pension |
| 10 | | benefit payment returns to active service under this Article, |
| 11 | | then: |
| 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 |
| 19 | | benefit payment, the accelerated pension benefit payment must |
| 20 | | be transferred into a tax qualified retirement plan or |
| 21 | | account. The accelerated pension benefit payment under this |
| 22 | | Section may be subject to withholding or payment of applicable |
| 23 | | taxes, but to the extent permitted by federal law, a person who |
| 24 | | receives an accelerated pension benefit payment under this |
| 25 | | Section must direct the Fund to pay all of that payment as a |
| 26 | | rollover into another retirement plan or account qualified |
|
| | 10400SB3404sam002 | - 31 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | under the Internal Revenue Code of 1986, as amended. |
| 2 | | (d-5) Before accepting a member's irrevocable election to |
| 3 | | receive an accelerated pension benefit payment under this |
| 4 | | Section, the Fund shall verify that it has a sufficient amount |
| 5 | | of moneys to pay for the accelerated pension benefit payment |
| 6 | | from the contribution remitted by the employer for that |
| 7 | | purpose. Moneys remitted to the Fund for the purpose of this |
| 8 | | program must be kept in a separate account. If the Fund |
| 9 | | determines it does not have sufficient moneys to make the |
| 10 | | accelerated pension benefit payment, then the Fund shall not |
| 11 | | accept the member's irrevocable election and shall notify the |
| 12 | | member of that fact. The member may reapply for the |
| 13 | | accelerated pension benefit payment after that fiscal year. |
| 14 | | Elections shall be processed and paid in the order in which |
| 15 | | complete applications are received by the Fund, subject to the |
| 16 | | availability of funds. If the Fund accepts the member's |
| 17 | | irrevocable election to receive an accelerated pension benefit |
| 18 | | payment under this Section, then the Fund shall transfer, from |
| 19 | | the moneys remitted to the Fund for that purpose, the amount of |
| 20 | | the accelerated pension benefit payment into the member's |
| 21 | | eligible retirement plan or qualified account. If any moneys |
| 22 | | remain in the account at the end of the fiscal year, the Fund |
| 23 | | must remit those moneys back to the employer within one month |
| 24 | | after the end of the fiscal year, unless the employer notifies |
| 25 | | the Fund at least one month before the end of the fiscal year |
| 26 | | that the funds shall remain in the account to be used for the |
|
| | 10400SB3404sam002 | - 32 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | accelerated pension benefit program for the subsequent fiscal |
| 2 | | year. |
| 3 | | (e) The Board shall adopt any rules, including emergency |
| 4 | | rules, necessary to implement this Section. |
| 5 | | (f) No provision of this Section shall be interpreted in a |
| 6 | | way that would cause the Fund to cease to be a qualified plan |
| 7 | | under 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 |
| 10 | | of 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, |
| 21 | | or Article 1 as it relates to those benefits, including any |
| 22 | | anticipated annual increases, that an eligible person is |
| 23 | | entitled to upon attainment of the applicable retirement age. |
| 24 | | "Pension benefit" also includes applicable survivor's or |
| 25 | | disability benefits. |
|
| | 10400SB3404sam002 | - 33 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | (b) If the city has elected to provide funding for an |
| 2 | | accelerated pension benefit program, then as soon as practical |
| 3 | | after June 30, 2026 or as soon as practical after the city has |
| 4 | | made that election, whichever is later, the Fund shall |
| 5 | | calculate, using actuarial tables and other assumptions |
| 6 | | adopted by the Board, the present value of pension benefits |
| 7 | | for each eligible person who requests that information and |
| 8 | | shall offer each eligible person the opportunity to |
| 9 | | irrevocably elect to receive an amount determined by the Fund |
| 10 | | to be equal to 60% of the present value of his or her pension |
| 11 | | benefits in lieu of receiving any pension benefit. The offer |
| 12 | | shall specify the dollar amount that the eligible person will |
| 13 | | receive if he or she so elects and shall expire when a |
| 14 | | subsequent offer is made to an eligible person. An eligible |
| 15 | | person is limited to one calculation and offer per fiscal |
| 16 | | year. The Fund shall make a good faith effort to contact every |
| 17 | | eligible person to notify him or her of the election. |
| 18 | | Until June 30, 2028, an eligible person may irrevocably |
| 19 | | elect to receive an accelerated pension benefit payment in the |
| 20 | | amount that the Fund offers under this subsection in lieu of |
| 21 | | receiving any pension benefit. A person who elects to receive |
| 22 | | an accelerated pension benefit payment under this Section may |
| 23 | | not elect to proceed under the Retirement Systems Reciprocal |
| 24 | | Act with respect to service under this Article. |
| 25 | | (c) A person's creditable service under this Article shall |
| 26 | | be terminated upon the person's receipt of an accelerated |
|
| | 10400SB3404sam002 | - 34 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | pension benefit payment under this Section, and no other |
| 2 | | benefit shall be paid under this Article based on the |
| 3 | | terminated creditable service, including any retirement, |
| 4 | | survivor, or other benefit. |
| 5 | | (d) If a person who has received an accelerated pension |
| 6 | | benefit payment under this Section returns to active service |
| 7 | | under 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 |
| 16 | | benefit payment, the accelerated pension benefit payment must |
| 17 | | be transferred into a tax qualified retirement plan or |
| 18 | | account. The accelerated pension benefit payment under this |
| 19 | | Section may be subject to withholding or payment of applicable |
| 20 | | taxes, but to the extent permitted by federal law, a person who |
| 21 | | receives an accelerated pension benefit payment under this |
| 22 | | Section must direct the Fund to pay all of that payment as a |
| 23 | | rollover into another retirement plan or account qualified |
| 24 | | under the Internal Revenue Code of 1986, as amended. |
| 25 | | (f) Before accepting a member's irrevocable election to |
| 26 | | receive an accelerated pension benefit payment under this |
|
| | 10400SB3404sam002 | - 35 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | Section, the Fund shall verify that it has a sufficient amount |
| 2 | | of moneys to pay for the accelerated pension benefit payment |
| 3 | | from the contribution remitted by the city for that purpose. |
| 4 | | Moneys remitted to the Fund for the purpose of the accelerated |
| 5 | | pension benefit program must be kept in a separate account. If |
| 6 | | the Fund determines it does not have sufficient moneys to make |
| 7 | | the accelerated pension benefit payment, then the Fund shall |
| 8 | | not accept the member's irrevocable election and shall notify |
| 9 | | the member of that fact. The member may reapply for the |
| 10 | | accelerated pension benefit payment after that fiscal year. |
| 11 | | Elections shall be processed and paid in the order in which |
| 12 | | complete applications are received by the Fund, subject to the |
| 13 | | availability of funds. If the Fund accepts the member's |
| 14 | | irrevocable election to receive an accelerated pension benefit |
| 15 | | payment under this Section, then the Fund shall transfer, from |
| 16 | | the moneys remitted to the Fund for that purpose, the amount of |
| 17 | | the accelerated pension benefit payment into the member's |
| 18 | | eligible retirement plan or qualified account. If any moneys |
| 19 | | remain in the account maintained by the Fund for the purpose of |
| 20 | | the accelerated pension benefit program at the end of the |
| 21 | | fiscal year, the Fund must remit those moneys back to the city |
| 22 | | within one month after the end of the fiscal year, unless the |
| 23 | | city notifies the Fund at least one month before the end of the |
| 24 | | fiscal year that the funds shall remain in the account to be |
| 25 | | used for the subsequent fiscal year. |
| 26 | | (g) The Board shall adopt any rules, including emergency |
|
| | 10400SB3404sam002 | - 36 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | rules, necessary to implement this Section. |
| 2 | | (h) No provision of this Section shall be interpreted in a |
| 3 | | way that would cause the Fund to cease to be a qualified plan |
| 4 | | under 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 |
| 7 | | reduction in annual retirement annuity. |
| 8 | | (a) As used in this Section: |
| 9 | | "Accelerated pension benefit payment" means a lump sum |
| 10 | | payment equal to 70% of the difference of the present value of |
| 11 | | the automatic annual increases to a Tier 1 member's retirement |
| 12 | | annuity using the formula applicable to the Tier 1 member and |
| 13 | | the present value of the automatic annual increases to the |
| 14 | | Tier 1 member's retirement annuity using the formula provided |
| 15 | | under 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 |
|
|
| 1 | | participant under this Article or any reciprocal retirement |
| 2 | | system or pension fund established under this Code before |
| 3 | | January 1, 2011. |
| 4 | | (b) Until June 30, 2028, if the city elects to provide |
| 5 | | funding for an accelerated pension benefit program, then as |
| 6 | | soon as practical after June 30, 2026 or as soon as practical |
| 7 | | after the city makes that election, whichever is later, the |
| 8 | | Fund shall implement an accelerated pension benefit payment |
| 9 | | option for eligible persons. Upon the request of an eligible |
| 10 | | person, if the city has elected to provide funding for an |
| 11 | | accelerated pension benefit program, the Fund shall calculate, |
| 12 | | using actuarial tables and other assumptions adopted by the |
| 13 | | Board, an accelerated pension benefit payment amount and shall |
| 14 | | offer that eligible person the opportunity to irrevocably |
| 15 | | elect to have his or her automatic annual increases in |
| 16 | | retirement pension calculated in accordance with the formula |
| 17 | | provided under subsection (b-5) in exchange for the |
| 18 | | accelerated pension benefit payment. The election under this |
| 19 | | subsection must be made before the eligible person receives |
| 20 | | the first payment of a retirement pension otherwise payable |
| 21 | | under this Article. An eligible person is limited to one |
| 22 | | calculation and offer per fiscal year. |
| 23 | | (b-5) Notwithstanding any other provision of law, the |
| 24 | | retirement annuity of a person who made the election under |
| 25 | | subsection (b) shall be subject to annual increases on the |
| 26 | | January 1 occurring either on or after the attainment of age 67 |
|
| | 10400SB3404sam002 | - 38 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | or the first anniversary of the annuity start date, whichever |
| 2 | | is later. Each annual increase shall be calculated at 1.5% of |
| 3 | | the originally granted retirement annuity. |
| 4 | | (c) If a person who has received an accelerated pension |
| 5 | | benefit payment returns to active service under this Article, |
| 6 | | then: |
| 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 |
| 14 | | benefit payment, the accelerated pension benefit payment must |
| 15 | | be transferred into a tax qualified retirement plan or |
| 16 | | account. The accelerated pension benefit payment under this |
| 17 | | Section may be subject to withholding or payment of applicable |
| 18 | | taxes, but to the extent permitted by federal law, a person who |
| 19 | | receives an accelerated pension benefit payment under this |
| 20 | | Section must direct the Fund to pay all of that payment as a |
| 21 | | rollover into another retirement plan or account qualified |
| 22 | | under the Internal Revenue Code of 1986, as amended. |
| 23 | | (d-5) Before accepting a member's irrevocable election to |
| 24 | | receive an accelerated pension benefit payment under this |
| 25 | | Section, the Fund shall verify that it has a sufficient amount |
| 26 | | of moneys to pay for the accelerated pension benefit payment |
|
| | 10400SB3404sam002 | - 39 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | from the contribution remitted by the city for that purpose. |
| 2 | | Moneys remitted to the Fund for the purpose of this program |
| 3 | | must be kept in a separate account. If the Fund determines it |
| 4 | | does not have sufficient moneys to make the accelerated |
| 5 | | pension benefit payment, then the Fund shall not accept the |
| 6 | | member's irrevocable election and shall notify the member of |
| 7 | | that fact. The member may reapply for the accelerated pension |
| 8 | | benefit payment after that fiscal year. Elections shall be |
| 9 | | processed and paid in the order in which complete applications |
| 10 | | are received by the Fund, subject to the availability of |
| 11 | | funds. If the Fund accepts the member's irrevocable election |
| 12 | | to receive an accelerated pension benefit payment under this |
| 13 | | Section, then the Fund shall transfer, from the moneys |
| 14 | | remitted to the Fund for that purpose, the amount of the |
| 15 | | accelerated pension benefit payment into the member's eligible |
| 16 | | retirement plan or qualified account. If any moneys remain in |
| 17 | | the account at the end of the fiscal year, the Fund must remit |
| 18 | | those moneys back to the city within one month after the end of |
| 19 | | the fiscal year, unless the city notifies the Fund at least one |
| 20 | | month before the end of the fiscal year that the funds shall |
| 21 | | remain in the account to be used for the accelerated pension |
| 22 | | benefit program for the subsequent fiscal year. |
| 23 | | (e) The Board shall adopt any rules, including emergency |
| 24 | | rules, necessary to implement this Section. |
| 25 | | (f) No provision of this Section shall be interpreted in a |
| 26 | | way that would cause the Fund to cease to be a qualified plan |
|
| | 10400SB3404sam002 | - 40 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | under 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 |
| 4 | | of 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, |
| 15 | | or Article 1 as it relates to those benefits, including any |
| 16 | | anticipated annual increases, that an eligible person is |
| 17 | | entitled to upon attainment of the applicable retirement age. |
| 18 | | "Pension benefit" also includes applicable survivor's, |
| 19 | | widow's, or disability benefits. |
| 20 | | (b) If an employer has elected to provide funding for an |
| 21 | | accelerated pension benefit program, then as soon as practical |
| 22 | | after June 30, 2026 or as soon as practical after the employer |
| 23 | | has made that election, whichever is later, the Fund shall |
| 24 | | calculate, using actuarial tables and other assumptions |
| 25 | | adopted by the Board, the present value of pension benefits |
|
| | 10400SB3404sam002 | - 41 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | for each eligible person who requests that information and |
| 2 | | shall offer each eligible person the opportunity to |
| 3 | | irrevocably elect to receive an amount determined by the Fund |
| 4 | | to be equal to 60% of the present value of his or her pension |
| 5 | | benefits in lieu of receiving any pension benefit. The offer |
| 6 | | shall specify the dollar amount that the eligible person will |
| 7 | | receive if he or she so elects and shall expire when a |
| 8 | | subsequent offer is made to an eligible person. An eligible |
| 9 | | person is limited to one calculation and offer per fiscal |
| 10 | | year. The Fund shall make a good faith effort to contact every |
| 11 | | eligible person to notify him or her of the election. |
| 12 | | Until June 30, 2028, an eligible person may irrevocably |
| 13 | | elect to receive an accelerated pension benefit payment in the |
| 14 | | amount that the Fund offers under this subsection in lieu of |
| 15 | | receiving any pension benefit. A person who elects to receive |
| 16 | | an accelerated pension benefit payment under this Section may |
| 17 | | not elect to proceed under the Retirement Systems Reciprocal |
| 18 | | Act with respect to service under this Article. |
| 19 | | (c) A person's creditable service under this Article shall |
| 20 | | be terminated upon the person's receipt of an accelerated |
| 21 | | pension benefit payment under this Section, and no other |
| 22 | | benefit shall be paid under this Article based on the |
| 23 | | terminated creditable service, including any retirement, |
| 24 | | survivor, or other benefit. |
| 25 | | (d) If a person who has received an accelerated pension |
| 26 | | benefit payment under this Section returns to active service |
|
| | 10400SB3404sam002 | - 42 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | under 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 |
| 10 | | benefit payment, the accelerated pension benefit payment must |
| 11 | | be transferred into a tax qualified retirement plan or |
| 12 | | account. The accelerated pension benefit payment under this |
| 13 | | Section may be subject to withholding or payment of applicable |
| 14 | | taxes, but to the extent permitted by federal law, a person who |
| 15 | | receives an accelerated pension benefit payment under this |
| 16 | | Section must direct the Fund to pay all of that payment as a |
| 17 | | rollover into another retirement plan or account qualified |
| 18 | | under the Internal Revenue Code of 1986, as amended. |
| 19 | | (f) Before accepting a member's irrevocable election to |
| 20 | | receive an accelerated pension benefit payment under this |
| 21 | | Section, the Fund shall verify that it has a sufficient amount |
| 22 | | of moneys to pay for the accelerated pension benefit payment |
| 23 | | from the contribution remitted by the employer for that |
| 24 | | purpose. Moneys remitted to the Fund for the purpose of the |
| 25 | | accelerated pension benefit program must be kept in a separate |
| 26 | | account. If the Fund determines it does not have sufficient |
|
| | 10400SB3404sam002 | - 43 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | moneys to make the accelerated pension benefit payment, then |
| 2 | | the Fund shall not accept the member's irrevocable election |
| 3 | | and shall notify the member of that fact. The member may |
| 4 | | reapply for the accelerated pension benefit payment after that |
| 5 | | fiscal year. Elections shall be processed and paid in the |
| 6 | | order in which complete applications are received by the Fund, |
| 7 | | subject to the availability of funds. If the Fund accepts the |
| 8 | | member's irrevocable election to receive an accelerated |
| 9 | | pension benefit payment under this Section, then the Fund |
| 10 | | shall transfer, from the moneys remitted to the Fund for that |
| 11 | | purpose, the amount of the accelerated pension benefit payment |
| 12 | | into the member's eligible retirement plan or qualified |
| 13 | | account. If any moneys remain in the account maintained by the |
| 14 | | Fund for the purpose of the accelerated pension benefit |
| 15 | | program at the end of the fiscal year, the Fund must remit |
| 16 | | those moneys back to the employer within one month after the |
| 17 | | end of the fiscal year, unless the employer notifies the Fund |
| 18 | | at least one month before the end of the fiscal year that the |
| 19 | | funds shall remain in the account to be used for the subsequent |
| 20 | | fiscal year. |
| 21 | | (g) The Board shall adopt any rules, including emergency |
| 22 | | rules, necessary to implement this Section. |
| 23 | | (h) No provision of this Section shall be interpreted in a |
| 24 | | way that would cause the Fund to cease to be a qualified plan |
| 25 | | under 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 |
| 3 | | reduction in annual retirement annuity and widow's annuity |
| 4 | | increases. |
| 5 | | (a) As used in this Section: |
| 6 | | "Accelerated pension benefit payment" means a lump sum |
| 7 | | payment equal to 70% of the difference of the present value of |
| 8 | | the automatic annual increases to a Tier 1 member's retirement |
| 9 | | annuity and widow's annuity using the formula applicable to |
| 10 | | the Tier 1 member and the present value of the automatic annual |
| 11 | | increases to the Tier 1 member's retirement annuity using the |
| 12 | | formula provided under subsection (b-5) and widow's annuity |
| 13 | | using the formula provided under subsection (b-6). "Eligible |
| 14 | | person" 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 |
| 24 | | participant under this Article or any reciprocal retirement |
| 25 | | system or pension fund established under this Code before |
| 26 | | January 1, 2011. |
|
| | 10400SB3404sam002 | - 45 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | (b) Until June 30, 2028, if an employer elects to provide |
| 2 | | funding for an accelerated pension benefit program, then as |
| 3 | | soon as practical after June 30, 2026 or as soon as practical |
| 4 | | after the employer makes that election, whichever is later, |
| 5 | | the Fund shall implement an accelerated pension benefit |
| 6 | | payment option for eligible persons. Upon the request of an |
| 7 | | eligible person, if the employer has elected to provide |
| 8 | | funding for an accelerated pension benefit program, the Fund |
| 9 | | shall calculate, using actuarial tables and other assumptions |
| 10 | | adopted by the Board, an accelerated pension benefit payment |
| 11 | | amount and shall offer that eligible person the opportunity to |
| 12 | | irrevocably elect to have his or her automatic annual |
| 13 | | increases in retirement pension calculated in accordance with |
| 14 | | the formula provided under subsection (b-5) in exchange for |
| 15 | | the accelerated pension benefit payment. The election under |
| 16 | | this subsection must be made before the eligible person |
| 17 | | receives the first payment of a retirement pension otherwise |
| 18 | | payable under this Article. An eligible person is limited to |
| 19 | | one calculation and offer per fiscal year. |
| 20 | | (b-5) Notwithstanding any other provision of law, the |
| 21 | | retirement annuity of a person who made the election under |
| 22 | | subsection (b) shall be subject to annual increases on the |
| 23 | | January 1 occurring either on or after the attainment of age 67 |
| 24 | | or the first anniversary of the annuity start date, whichever |
| 25 | | is later. Each annual increase shall be calculated at 1.5% of |
| 26 | | the originally granted retirement annuity. |
|
| | 10400SB3404sam002 | - 46 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | (b-6) Notwithstanding any other provision of law, a |
| 2 | | widow's annuity payable to a widow's annuity beneficiary of a |
| 3 | | person who made the election under subsection (b) shall be |
| 4 | | subject to annual increases on the January 1 occurring on or |
| 5 | | after the first anniversary of the commencement of the |
| 6 | | annuity. Each annual increase shall be calculated at 1.5% of |
| 7 | | the originally granted widow's annuity. |
| 8 | | (c) If a person who has received an accelerated pension |
| 9 | | benefit payment returns to active service under this Article, |
| 10 | | then: |
| 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 |
| 18 | | benefit payment, the accelerated pension benefit payment must |
| 19 | | be transferred into a tax qualified retirement plan or |
| 20 | | account. The accelerated pension benefit payment under this |
| 21 | | Section may be subject to withholding or payment of applicable |
| 22 | | taxes, but to the extent permitted by federal law, a person who |
| 23 | | receives an accelerated pension benefit payment under this |
| 24 | | Section must direct the Fund to pay all of that payment as a |
| 25 | | rollover into another retirement plan or account qualified |
| 26 | | under 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 |
| 2 | | receive an accelerated pension benefit payment under this |
| 3 | | Section, the Fund shall verify that it has a sufficient amount |
| 4 | | of moneys to pay for the accelerated pension benefit payment |
| 5 | | from the contribution remitted by the employer for that |
| 6 | | purpose. Moneys remitted to the Fund for the purpose of this |
| 7 | | program must be kept in a separate account. If the Fund |
| 8 | | determines it does not have sufficient moneys to make the |
| 9 | | accelerated pension benefit payment, then the Fund shall not |
| 10 | | accept the member's irrevocable election and shall notify the |
| 11 | | member of that fact. The member may reapply for the |
| 12 | | accelerated pension benefit payment after that fiscal year. |
| 13 | | Elections shall be processed and paid in the order in which |
| 14 | | complete applications are received by the Fund, subject to the |
| 15 | | availability of funds. If the Fund accepts the member's |
| 16 | | irrevocable election to receive an accelerated pension benefit |
| 17 | | payment under this Section, then the Fund shall transfer, from |
| 18 | | the moneys remitted to the Fund for that purpose, the amount of |
| 19 | | the accelerated pension benefit payment into the member's |
| 20 | | eligible retirement plan or qualified account. If any moneys |
| 21 | | remain in the account at the end of the fiscal year, the Fund |
| 22 | | must remit those moneys back to the employer within one month |
| 23 | | after the end of the fiscal year, unless the employer notifies |
| 24 | | the Fund at least one month before the end of the fiscal year |
| 25 | | that the funds shall remain in the account to be used for the |
| 26 | | accelerated pension benefit program for the subsequent fiscal |
|
| | 10400SB3404sam002 | - 48 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | year. |
| 2 | | (e) The Board shall adopt any rules, including emergency |
| 3 | | rules, necessary to implement this Section. |
| 4 | | (f) No provision of this Section shall be interpreted in a |
| 5 | | way that would cause the Fund to cease to be a qualified plan |
| 6 | | under 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 |
| 9 | | of 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, |
| 20 | | or Article 1 as it relates to those benefits, including any |
| 21 | | anticipated annual increases, that an eligible person is |
| 22 | | entitled to upon attainment of the applicable retirement age. |
| 23 | | "Pension benefit" also includes applicable survivor's, |
| 24 | | widow's, or disability benefits. |
| 25 | | (b) If an employer has elected to provide funding for an |
|
| | 10400SB3404sam002 | - 49 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | accelerated pension benefit program, then as soon as practical |
| 2 | | after June 30, 2026 or as soon as practical after the employer |
| 3 | | has made that election, whichever is later, the Fund shall |
| 4 | | calculate, using actuarial tables and other assumptions |
| 5 | | adopted by the Board, the present value of pension benefits |
| 6 | | for each eligible person who requests that information and |
| 7 | | shall offer each eligible person the opportunity to |
| 8 | | irrevocably elect to receive an amount determined by the Fund |
| 9 | | to be equal to 60% of the present value of his or her pension |
| 10 | | benefits in lieu of receiving any pension benefit. The offer |
| 11 | | shall specify the dollar amount that the eligible person will |
| 12 | | receive if he or she so elects and shall expire when a |
| 13 | | subsequent offer is made to an eligible person. An eligible |
| 14 | | person is limited to one calculation and offer per fiscal |
| 15 | | year. The Fund shall make a good faith effort to contact every |
| 16 | | eligible person to notify him or her of the election. |
| 17 | | Until June 30, 2028, an eligible person may irrevocably |
| 18 | | elect to receive an accelerated pension benefit payment in the |
| 19 | | amount that the Fund offers under this subsection in lieu of |
| 20 | | receiving any pension benefit. A person who elects to receive |
| 21 | | an accelerated pension benefit payment under this Section may |
| 22 | | not elect to proceed under the Retirement Systems Reciprocal |
| 23 | | Act with respect to service under this Article. |
| 24 | | (c) A person's creditable service under this Article shall |
| 25 | | be terminated upon the person's receipt of an accelerated |
| 26 | | pension benefit payment under this Section, and no other |
|
| | 10400SB3404sam002 | - 50 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | benefit shall be paid under this Article based on the |
| 2 | | terminated creditable service, including any retirement, |
| 3 | | survivor, or other benefit. |
| 4 | | (d) If a person who has received an accelerated pension |
| 5 | | benefit payment under this Section returns to active service |
| 6 | | under 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 |
| 15 | | benefit payment, the accelerated pension benefit payment must |
| 16 | | be transferred into a tax qualified retirement plan or |
| 17 | | account. The accelerated pension benefit payment under this |
| 18 | | Section may be subject to withholding or payment of applicable |
| 19 | | taxes, but to the extent permitted by federal law, a person who |
| 20 | | receives an accelerated pension benefit payment under this |
| 21 | | Section must direct the Fund to pay all of that payment as a |
| 22 | | rollover into another retirement plan or account qualified |
| 23 | | under the Internal Revenue Code of 1986, as amended. |
| 24 | | (f) Before accepting a member's irrevocable election to |
| 25 | | receive an accelerated pension benefit payment under this |
| 26 | | Section, the Fund shall verify that it has a sufficient amount |
|
| | 10400SB3404sam002 | - 51 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | of moneys to pay for the accelerated pension benefit payment |
| 2 | | from the contribution remitted by the employer for that |
| 3 | | purpose. Moneys remitted to the Fund for the purpose of the |
| 4 | | accelerated pension benefit program must be kept in a separate |
| 5 | | account. If the Fund determines it does not have sufficient |
| 6 | | moneys to make the accelerated pension benefit payment, then |
| 7 | | the Fund shall not accept the member's irrevocable election |
| 8 | | and shall notify the member of that fact. The member may |
| 9 | | reapply for the accelerated pension benefit payment after that |
| 10 | | fiscal year. Elections shall be processed and paid in the |
| 11 | | order in which complete applications are received by the Fund, |
| 12 | | subject to the availability of funds. If the Fund accepts the |
| 13 | | member's irrevocable election to receive an accelerated |
| 14 | | pension benefit payment under this Section, then the Fund |
| 15 | | shall transfer, from the moneys remitted to the Fund for that |
| 16 | | purpose, the amount of the accelerated pension benefit payment |
| 17 | | into the member's eligible retirement plan or qualified |
| 18 | | account. If any moneys remain in the account maintained by the |
| 19 | | Fund for the purpose of the accelerated pension benefit |
| 20 | | program at the end of the fiscal year, the Fund must remit |
| 21 | | those moneys back to the employer within one month after the |
| 22 | | end of the fiscal year, unless the employer notifies the Fund |
| 23 | | at least one month before the end of the fiscal year that the |
| 24 | | funds shall remain in the account to be used for the subsequent |
| 25 | | fiscal year. |
| 26 | | (g) The Board shall adopt any rules, including emergency |
|
| | 10400SB3404sam002 | - 52 - | LRB104 18864 RPS 37143 a |
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| 1 | | rules, necessary to implement this Section. |
| 2 | | (h) No provision of this Section shall be interpreted in a |
| 3 | | way that would cause the Fund to cease to be a qualified plan |
| 4 | | under 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 |
| 7 | | reduction in annual retirement annuity and widow's annuity |
| 8 | | increases. |
| 9 | | (a) As used in this Section: |
| 10 | | "Accelerated pension benefit payment" means a lump sum |
| 11 | | payment equal to 70% of the difference of the present value of |
| 12 | | the automatic annual increases to a Tier 1 member's retirement |
| 13 | | annuity and widow's annuity using the formula applicable to |
| 14 | | the Tier 1 member and the present value of the automatic annual |
| 15 | | increases to the Tier 1 member's retirement annuity using the |
| 16 | | formula provided under subsection (b-5) and widow's annuity |
| 17 | | using the formula provided under subsection (b-6). "Eligible |
| 18 | | person" 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 |
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| | 10400SB3404sam002 | - 53 - | LRB104 18864 RPS 37143 a |
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| 1 | | (5) has not made the election under Section 10-104.6. |
| 2 | | "Tier 1 member" means a person who first became a |
| 3 | | participant under this Article or any reciprocal retirement |
| 4 | | system or pension fund established under this Code before |
| 5 | | January 1, 2011. |
| 6 | | (b) Until June 30, 2028, if an employer elects to provide |
| 7 | | funding for an accelerated pension benefit program, then as |
| 8 | | soon as practical after June 30, 2026 or as soon as practical |
| 9 | | after the employer makes that election, whichever is later, |
| 10 | | the Fund shall implement an accelerated pension benefit |
| 11 | | payment option for eligible persons. Upon the request of an |
| 12 | | eligible person, if the employer has elected to provide |
| 13 | | funding for an accelerated pension benefit program, the Fund |
| 14 | | shall calculate, using actuarial tables and other assumptions |
| 15 | | adopted by the Board, an accelerated pension benefit payment |
| 16 | | amount and shall offer that eligible person the opportunity to |
| 17 | | irrevocably elect to have his or her automatic annual |
| 18 | | increases in retirement annuity calculated in accordance with |
| 19 | | the formula provided under subsection (b-5) in exchange for |
| 20 | | the accelerated pension benefit payment. The election under |
| 21 | | this subsection must be made before the eligible person |
| 22 | | receives the first payment of a retirement pension otherwise |
| 23 | | payable under this Article. An eligible person is limited to |
| 24 | | one calculation and offer per fiscal year. |
| 25 | | (b-5) Notwithstanding any other provision of law, the |
| 26 | | retirement annuity of a person who made the election under |
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| | 10400SB3404sam002 | - 54 - | LRB104 18864 RPS 37143 a |
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| 1 | | subsection (b) shall be subject to annual increases on the |
| 2 | | January 1 occurring either on or after the attainment of age 67 |
| 3 | | or the first anniversary of the annuity start date, whichever |
| 4 | | is later. Each annual increase shall be calculated at 1.5% of |
| 5 | | the originally granted retirement annuity. |
| 6 | | (b-6) Notwithstanding any other provision of law, a |
| 7 | | widow's annuity payable to a widow's annuity beneficiary of a |
| 8 | | person who made the election under subsection (b) shall be |
| 9 | | subject to annual increases on the January 1 occurring on or |
| 10 | | after the first anniversary of the commencement of the |
| 11 | | annuity. Each annual increase shall be calculated at 1.5% of |
| 12 | | the originally granted widow's annuity. |
| 13 | | (c) If a person who has received an accelerated pension |
| 14 | | benefit payment returns to active service under this Article, |
| 15 | | then: |
| 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 |
| 23 | | benefit payment, the accelerated pension benefit payment must |
| 24 | | be transferred into a tax qualified retirement plan or |
| 25 | | account. The accelerated pension benefit payment under this |
| 26 | | Section may be subject to withholding or payment of applicable |
|
| | 10400SB3404sam002 | - 55 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | taxes, but to the extent permitted by federal law, a person who |
| 2 | | receives an accelerated pension benefit payment under this |
| 3 | | Section must direct the Fund to pay all of that payment as a |
| 4 | | rollover into another retirement plan or account qualified |
| 5 | | under the Internal Revenue Code of 1986, as amended. |
| 6 | | (d-5) Before accepting a member's irrevocable election to |
| 7 | | receive an accelerated pension benefit payment under this |
| 8 | | Section, the Fund shall verify that it has a sufficient amount |
| 9 | | of moneys to pay for the accelerated pension benefit payment |
| 10 | | from the contribution remitted by the employer for that |
| 11 | | purpose. Moneys remitted to the Fund for the purpose of this |
| 12 | | program must be kept in a separate account. If the Fund |
| 13 | | determines it does not have sufficient moneys to make the |
| 14 | | accelerated pension benefit payment, then the Fund shall not |
| 15 | | accept the member's irrevocable election and shall notify the |
| 16 | | member of that fact. The member may reapply for the |
| 17 | | accelerated pension benefit payment after that fiscal year. |
| 18 | | Elections shall be processed and paid in the order in which |
| 19 | | complete applications are received by the Fund, subject to the |
| 20 | | availability of funds. If the Fund accepts the member's |
| 21 | | irrevocable election to receive an accelerated pension benefit |
| 22 | | payment under this Section, then the Fund shall transfer, from |
| 23 | | the moneys remitted to the Fund for that purpose, the amount of |
| 24 | | the accelerated pension benefit payment into the member's |
| 25 | | eligible retirement plan or qualified account. If any moneys |
| 26 | | remain in the account at the end of the fiscal year, the Fund |
|
| | 10400SB3404sam002 | - 56 - | LRB104 18864 RPS 37143 a |
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| 1 | | must remit those moneys back to the employer within one month |
| 2 | | after the end of the fiscal year, unless the employer notifies |
| 3 | | the Fund at least one month before the end of the fiscal year |
| 4 | | that the funds shall remain in the account to be used for the |
| 5 | | accelerated pension benefit program for the subsequent fiscal |
| 6 | | year. |
| 7 | | (e) The Board shall adopt any rules, including emergency |
| 8 | | rules, necessary to implement this Section. |
| 9 | | (f) No provision of this Section shall be interpreted in a |
| 10 | | way that would cause the Fund to cease to be a qualified plan |
| 11 | | under 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 |
| 14 | | of 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, |
| 25 | | or Article 1 as it relates to those benefits, including any |
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| | 10400SB3404sam002 | - 57 - | LRB104 18864 RPS 37143 a |
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| 1 | | anticipated annual increases, that an eligible person is |
| 2 | | entitled to upon attainment of the applicable retirement age. |
| 3 | | "Pension benefit" also includes applicable survivor's, |
| 4 | | widow's, or disability benefits. |
| 5 | | (b) If the city has elected to provide funding for an |
| 6 | | accelerated pension benefit program, then as soon as practical |
| 7 | | after June 30, 2026 or as soon as practical after the city has |
| 8 | | made that election, whichever is later, the Fund shall |
| 9 | | calculate, using actuarial tables and other assumptions |
| 10 | | adopted by the Board, the present value of pension benefits |
| 11 | | for each eligible person who requests that information and |
| 12 | | shall offer each eligible person the opportunity to |
| 13 | | irrevocably elect to receive an amount determined by the Fund |
| 14 | | to be equal to 60% of the present value of his or her pension |
| 15 | | benefits in lieu of receiving any pension benefit. The offer |
| 16 | | shall specify the dollar amount that the eligible person will |
| 17 | | receive if he or she so elects and shall expire when a |
| 18 | | subsequent offer is made to an eligible person. An eligible |
| 19 | | person is limited to one calculation and offer per fiscal |
| 20 | | year. The Fund shall make a good faith effort to contact every |
| 21 | | eligible person to notify him or her of the election. |
| 22 | | Until June 30, 2028, an eligible person may irrevocably |
| 23 | | elect to receive an accelerated pension benefit payment in the |
| 24 | | amount that the Fund offers under this subsection in lieu of |
| 25 | | receiving any pension benefit. A person who elects to receive |
| 26 | | an accelerated pension benefit payment under this Section may |
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| | 10400SB3404sam002 | - 58 - | LRB104 18864 RPS 37143 a |
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|
| 1 | | not elect to proceed under the Retirement Systems Reciprocal |
| 2 | | Act with respect to service under this Article. |
| 3 | | (c) A person's creditable service under this Article shall |
| 4 | | be terminated upon the person's receipt of an accelerated |
| 5 | | pension benefit payment under this Section, and no other |
| 6 | | benefit shall be paid under this Article based on the |
| 7 | | terminated creditable service, including any retirement, |
| 8 | | survivor, widow, or other benefit. |
| 9 | | (d) If a person who has received an accelerated pension |
| 10 | | benefit payment under this Section returns to active service |
| 11 | | under 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 |
| 20 | | benefit payment, the accelerated pension benefit payment must |
| 21 | | be transferred into a tax qualified retirement plan or |
| 22 | | account. The accelerated pension benefit payment under this |
| 23 | | Section may be subject to withholding or payment of applicable |
| 24 | | taxes, but to the extent permitted by federal law, a person who |
| 25 | | receives an accelerated pension benefit payment under this |
| 26 | | Section must direct the Fund to pay all of that payment as a |
|
| | 10400SB3404sam002 | - 59 - | LRB104 18864 RPS 37143 a |
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|
| 1 | | rollover into another retirement plan or account qualified |
| 2 | | under the Internal Revenue Code of 1986, as amended. |
| 3 | | (f) Before accepting a member's irrevocable election to |
| 4 | | receive an accelerated pension benefit payment under this |
| 5 | | Section, the Fund shall verify that it has a sufficient amount |
| 6 | | of moneys to pay for the accelerated pension benefit payment |
| 7 | | from the contribution remitted by the city for that purpose. |
| 8 | | Moneys remitted to the Fund for the purpose of the accelerated |
| 9 | | pension benefit program must be kept in a separate account. If |
| 10 | | the Fund determines it does not have sufficient moneys to make |
| 11 | | the accelerated pension benefit payment, then the Fund shall |
| 12 | | not accept the member's irrevocable election and shall notify |
| 13 | | the member of that fact. The member may reapply for the |
| 14 | | accelerated pension benefit payment after that fiscal year. |
| 15 | | Elections shall be processed and paid in the order in which |
| 16 | | complete applications are received by the Fund, subject to the |
| 17 | | availability of funds. If the Fund accepts the member's |
| 18 | | irrevocable election to receive an accelerated pension benefit |
| 19 | | payment under this Section, then the Fund shall transfer, from |
| 20 | | the moneys remitted to the Fund for that purpose, the amount of |
| 21 | | the accelerated pension benefit payment into the member's |
| 22 | | eligible retirement plan or qualified account. If any moneys |
| 23 | | remain in the account maintained by the Fund for the purpose of |
| 24 | | the accelerated pension benefit program at the end of the |
| 25 | | fiscal year, the Fund must remit those moneys back to the city |
| 26 | | within one month after the end of the fiscal year, unless the |
|
| | 10400SB3404sam002 | - 60 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | city notifies the Fund at least one month before the end of the |
| 2 | | fiscal year that the funds shall remain in the account to be |
| 3 | | used for the subsequent fiscal year. |
| 4 | | (g) The Board shall adopt any rules, including emergency |
| 5 | | rules, necessary to implement this Section. |
| 6 | | (h) No provision of this Section shall be interpreted in a |
| 7 | | way that would cause the Fund to cease to be a qualified plan |
| 8 | | under 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 |
| 11 | | reduction in annual retirement annuity and widow's annuity |
| 12 | | increases. |
| 13 | | (a) As used in this Section: |
| 14 | | "Accelerated pension benefit payment" means a lump sum |
| 15 | | payment equal to 70% of the difference of the present value of |
| 16 | | the automatic annual increases to a Tier 1 member's retirement |
| 17 | | annuity and widow's annuity using the formula applicable to |
| 18 | | the Tier 1 member and the present value of the automatic annual |
| 19 | | increases to the Tier 1 member's retirement annuity using the |
| 20 | | formula 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 |
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|
| 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 |
| 6 | | participant under this Article or any reciprocal retirement |
| 7 | | system or pension fund established under this Code before |
| 8 | | January 1, 2011. |
| 9 | | (b) Until June 30, 2028, if the city elects to provide |
| 10 | | funding for an accelerated pension benefit program, then as |
| 11 | | soon as practical after June 30, 2026 or as soon as practical |
| 12 | | after the city makes that election, whichever is later, the |
| 13 | | Fund shall implement an accelerated pension benefit payment |
| 14 | | option for eligible persons. Upon the request of an eligible |
| 15 | | person, if the city has elected to provide funding for an |
| 16 | | accelerated pension benefit program, the Fund shall calculate, |
| 17 | | using actuarial tables and other assumptions adopted by the |
| 18 | | Board, an accelerated pension benefit payment amount and shall |
| 19 | | offer that eligible person the opportunity to irrevocably |
| 20 | | elect to have his or her automatic annual increases in |
| 21 | | retirement pension calculated in accordance with the formula |
| 22 | | provided under subsection (b-5) in exchange for the |
| 23 | | accelerated pension benefit payment. The election under this |
| 24 | | subsection must be made before the eligible person receives |
| 25 | | the first payment of a retirement pension otherwise payable |
| 26 | | under this Article. An eligible person is limited to one |
|
| | 10400SB3404sam002 | - 62 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | calculation and offer per fiscal year. |
| 2 | | (b-5) Notwithstanding any other provision of law, the |
| 3 | | retirement annuity of a person who made the election under |
| 4 | | subsection (b) shall be subject to annual increases on the |
| 5 | | January 1 occurring either on or after the attainment of age 67 |
| 6 | | or the first anniversary of the annuity start date, whichever |
| 7 | | is later. Each annual increase shall be calculated at 1.5% of |
| 8 | | the originally granted retirement annuity. |
| 9 | | (c) If a person who has received an accelerated pension |
| 10 | | benefit payment returns to active service under this Article, |
| 11 | | then: |
| 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 |
| 19 | | benefit payment, the accelerated pension benefit payment must |
| 20 | | be transferred into a tax qualified retirement plan or |
| 21 | | account. The accelerated pension benefit payment under this |
| 22 | | Section may be subject to withholding or payment of applicable |
| 23 | | taxes, but to the extent permitted by federal law, a person who |
| 24 | | receives an accelerated pension benefit payment under this |
| 25 | | Section must direct the Fund to pay all of that payment as a |
| 26 | | rollover into another retirement plan or account qualified |
|
| | 10400SB3404sam002 | - 63 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | under the Internal Revenue Code of 1986, as amended. |
| 2 | | (d-5) Before accepting a member's irrevocable election to |
| 3 | | receive an accelerated pension benefit payment under this |
| 4 | | Section, the Fund shall verify that it has a sufficient amount |
| 5 | | of moneys to pay for the accelerated pension benefit payment |
| 6 | | from the contribution remitted by the city for that purpose. |
| 7 | | Moneys remitted to the Fund for the purpose of this program |
| 8 | | must be kept in a separate account. If the Fund determines it |
| 9 | | does not have sufficient moneys to make the accelerated |
| 10 | | pension benefit payment, then the Fund shall not accept the |
| 11 | | member's irrevocable election and shall notify the member of |
| 12 | | that fact. The member may reapply for the accelerated pension |
| 13 | | benefit payment after that fiscal year. Elections shall be |
| 14 | | processed and paid in the order in which complete applications |
| 15 | | are received by the Fund, subject to the availability of |
| 16 | | funds. If the Fund accepts the member's irrevocable election |
| 17 | | to receive an accelerated pension benefit payment under this |
| 18 | | Section, then the Fund shall transfer, from the moneys |
| 19 | | remitted to the Fund for that purpose, the amount of the |
| 20 | | accelerated pension benefit payment into the member's eligible |
| 21 | | retirement plan or qualified account. If any moneys remain in |
| 22 | | the account at the end of the fiscal year, the Fund must remit |
| 23 | | those moneys back to the city within one month after the end of |
| 24 | | the fiscal year, unless the city notifies the Fund at least one |
| 25 | | month before the end of the fiscal year that the funds shall |
| 26 | | remain in the account to be used for the accelerated pension |
|
| | 10400SB3404sam002 | - 64 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | benefit program for the subsequent fiscal year. |
| 2 | | (e) The Board shall adopt any rules, including emergency |
| 3 | | rules, necessary to implement this Section. |
| 4 | | (f) No provision of this Section shall be interpreted in a |
| 5 | | way that would cause the Fund to cease to be a qualified plan |
| 6 | | under 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 |
| 9 | | of 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, |
| 20 | | or Article 1 as it relates to those benefits, including any |
| 21 | | anticipated annual increases, that an eligible person is |
| 22 | | entitled to upon attainment of the applicable retirement age. |
| 23 | | "Pension benefit" also includes applicable survivor's, |
| 24 | | surviving spouse's, or disability benefits. |
| 25 | | (b) If the city has elected to provide funding for an |
|
| | 10400SB3404sam002 | - 65 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | accelerated pension benefit program, then as soon as practical |
| 2 | | after June 30, 2026 or as soon as practical after the city has |
| 3 | | made that election, whichever is later, the Fund shall |
| 4 | | calculate, using actuarial tables and other assumptions |
| 5 | | adopted by the Board, the present value of pension benefits |
| 6 | | for each eligible person who requests that information and |
| 7 | | shall offer each eligible person the opportunity to |
| 8 | | irrevocably elect to receive an amount determined by the Fund |
| 9 | | to be equal to 60% of the present value of his or her pension |
| 10 | | benefits in lieu of receiving any pension benefit. The offer |
| 11 | | shall specify the dollar amount that the eligible person will |
| 12 | | receive if he or she so elects and shall expire when a |
| 13 | | subsequent offer is made to an eligible person. An eligible |
| 14 | | person is limited to one calculation and offer per fiscal |
| 15 | | year. The Fund shall make a good faith effort to contact every |
| 16 | | eligible person to notify him or her of the election. |
| 17 | | Until June 30, 2028, an eligible person may irrevocably |
| 18 | | elect to receive an accelerated pension benefit payment in the |
| 19 | | amount that the Fund offers under this subsection in lieu of |
| 20 | | receiving any pension benefit. A person who elects to receive |
| 21 | | an accelerated pension benefit payment under this Section may |
| 22 | | not elect to proceed under the Retirement Systems Reciprocal |
| 23 | | Act with respect to service under this Article. |
| 24 | | (c) A person's creditable service under this Article shall |
| 25 | | be terminated upon the person's receipt of an accelerated |
| 26 | | pension benefit payment under this Section, and no other |
|
| | 10400SB3404sam002 | - 66 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | benefit shall be paid under this Article based on the |
| 2 | | terminated creditable service, including any retirement, |
| 3 | | survivor, or other benefit. |
| 4 | | (d) If a person who has received an accelerated pension |
| 5 | | benefit payment under this Section returns to active service |
| 6 | | under 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 |
| 15 | | benefit payment, the accelerated pension benefit payment must |
| 16 | | be transferred into a tax qualified retirement plan or |
| 17 | | account. The accelerated pension benefit payment under this |
| 18 | | Section may be subject to withholding or payment of applicable |
| 19 | | taxes, but to the extent permitted by federal law, a person who |
| 20 | | receives an accelerated pension benefit payment under this |
| 21 | | Section must direct the Fund to pay all of that payment as a |
| 22 | | rollover into another retirement plan or account qualified |
| 23 | | under the Internal Revenue Code of 1986, as amended. |
| 24 | | (f) Before accepting a member's irrevocable election to |
| 25 | | receive an accelerated pension benefit payment under this |
| 26 | | Section, the Fund shall verify that it has a sufficient amount |
|
| | 10400SB3404sam002 | - 67 - | LRB104 18864 RPS 37143 a |
|
|
| 1 | | of moneys to pay for the accelerated pension benefit payment |
| 2 | | from the contribution remitted by the city for that purpose. |
| 3 | | Moneys remitted to the Fund for the purpose of the accelerated |
| 4 | | pension benefit program must be kept in a separate account. If |
| 5 | | the Fund determines it does not have sufficient moneys to make |
| 6 | | the accelerated pension benefit payment, then the Fund shall |
| 7 | | not accept the member's irrevocable election and shall notify |
| 8 | | the member of that fact. The member may reapply for the |
| 9 | | accelerated pension benefit payment after that fiscal year. |
| 10 | | Elections shall be processed and paid in the order in which |
| 11 | | complete applications are received by the Fund, subject to the |
| 12 | | availability of funds. If the Fund accepts the member's |
| 13 | | irrevocable election to receive an accelerated pension benefit |
| 14 | | payment under this Section, then the Fund shall transfer, from |
| 15 | | the moneys remitted to the Fund for that purpose, the amount of |
| 16 | | the accelerated pension benefit payment into the member's |
| 17 | | eligible retirement plan or qualified account. If any moneys |
| 18 | | remain in the account maintained by the Fund for the purpose of |
| 19 | | the accelerated pension benefit program at the end of the |
| 20 | | fiscal year, the Fund must remit those moneys back to the city |
| 21 | | within one month after the end of the fiscal year, unless the |
| 22 | | city notifies the Fund at least one month before the end of the |
| 23 | | fiscal year that the funds shall remain in the account to be |
| 24 | | used for the subsequent fiscal year. |
| 25 | | (g) The Board shall adopt any rules, including emergency |
| 26 | | rules, necessary to implement this Section. |
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| 1 | | (h) No provision of this Section shall be interpreted in a |
| 2 | | way that would cause the Fund to cease to be a qualified plan |
| 3 | | under 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 |
| 6 | | reduction in annual retirement annuity and surviving spouse's |
| 7 | | annuity increases. |
| 8 | | (a) As used in this Section: |
| 9 | | "Accelerated pension benefit payment" means a lump sum |
| 10 | | payment equal to 70% of the difference of the present value of |
| 11 | | the automatic annual increases to a Tier 1 member's retirement |
| 12 | | annuity and surviving spouse's annuity using the formula |
| 13 | | applicable to the Tier 1 member and the present value of the |
| 14 | | automatic annual increases to the Tier 1 member's retirement |
| 15 | | annuity using the formula provided under subsection (b-5) and |
| 16 | | surviving spouse's annuity using the formula provided under |
| 17 | | subsection (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. |
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| 1 | | "Tier 1 member" means a person who first became a |
| 2 | | participant under this Article or any reciprocal retirement |
| 3 | | system or pension fund established under this Code before |
| 4 | | January 1, 2011. |
| 5 | | (b) Until June 30, 2028, if the city elects to provide |
| 6 | | funding for an accelerated pension benefit program, then as |
| 7 | | soon as practical after June 30, 2026 or as soon as practical |
| 8 | | after the city makes that election, whichever is later, the |
| 9 | | Fund shall implement an accelerated pension benefit payment |
| 10 | | option for eligible persons. Upon the request of an eligible |
| 11 | | person, if the city has elected to provide funding for an |
| 12 | | accelerated pension benefit program, the Fund shall calculate, |
| 13 | | using actuarial tables and other assumptions adopted by the |
| 14 | | Board, an accelerated pension benefit payment amount and shall |
| 15 | | offer that eligible person the opportunity to irrevocably |
| 16 | | elect to have his or her automatic annual increases in |
| 17 | | retirement pension calculated in accordance with the formula |
| 18 | | provided under subsection (b-5) in exchange for the |
| 19 | | accelerated pension benefit payment. The election under this |
| 20 | | subsection must be made before the eligible person receives |
| 21 | | the first payment of a retirement pension otherwise payable |
| 22 | | under this Article. An eligible person is limited to one |
| 23 | | calculation and offer per fiscal year. |
| 24 | | (b-5) Notwithstanding any other provision of law, the |
| 25 | | retirement annuity of a person who made the election under |
| 26 | | subsection (b) shall be subject to annual increases on the |
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| 1 | | January 1 occurring either on or after the attainment of age 67 |
| 2 | | or the first anniversary of the annuity start date, whichever |
| 3 | | is later. Each annual increase shall be calculated at 1.5% of |
| 4 | | the originally granted retirement annuity. |
| 5 | | (b-6) Notwithstanding any other provision of law, a |
| 6 | | surviving spouse's annuity payable to a surviving spouse's |
| 7 | | annuity beneficiary of a person who made the election under |
| 8 | | subsection (b) shall be subject to annual increases on the |
| 9 | | January 1 occurring on or after the first anniversary of the |
| 10 | | commencement of the annuity. Each annual increase shall be |
| 11 | | calculated at 1.5% of the originally granted surviving |
| 12 | | spouse's annuity. |
| 13 | | (c) If a person who has received an accelerated pension |
| 14 | | benefit payment returns to active service under this Article, |
| 15 | | then: |
| 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 |
| 23 | | benefit payment, the accelerated pension benefit payment must |
| 24 | | be transferred into a tax qualified retirement plan or |
| 25 | | account. The accelerated pension benefit payment under this |
| 26 | | Section may be subject to withholding or payment of applicable |
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| | 10400SB3404sam002 | - 71 - | LRB104 18864 RPS 37143 a |
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| 1 | | taxes, but to the extent permitted by federal law, a person who |
| 2 | | receives an accelerated pension benefit payment under this |
| 3 | | Section must direct the Fund to pay all of that payment as a |
| 4 | | rollover into another retirement plan or account qualified |
| 5 | | under the Internal Revenue Code of 1986, as amended. |
| 6 | | (d-5) Before accepting a member's irrevocable election to |
| 7 | | receive an accelerated pension benefit payment under this |
| 8 | | Section, the Fund shall verify that it has a sufficient amount |
| 9 | | of moneys to pay for the accelerated pension benefit payment |
| 10 | | from the contribution remitted by the city for that purpose. |
| 11 | | Moneys remitted to the Fund for the purpose of this program |
| 12 | | must be kept in a separate account. If the Fund determines it |
| 13 | | does not have sufficient moneys to make the accelerated |
| 14 | | pension benefit payment, then the Fund shall not accept the |
| 15 | | member's irrevocable election and shall notify the member of |
| 16 | | that fact. The member may reapply for the accelerated pension |
| 17 | | benefit payment after that fiscal year. Elections shall be |
| 18 | | processed and paid in the order in which complete applications |
| 19 | | are received by the Fund, subject to the availability of |
| 20 | | funds. If the Fund accepts the member's irrevocable election |
| 21 | | to receive an accelerated pension benefit payment under this |
| 22 | | Section, then the Fund shall transfer, from the moneys |
| 23 | | remitted to the Fund for that purpose, the amount of the |
| 24 | | accelerated pension benefit payment into the member's eligible |
| 25 | | retirement plan or qualified account. If any moneys remain in |
| 26 | | the account at the end of the fiscal year, the Fund must remit |
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| 1 | | those moneys back to the city within one month after the end of |
| 2 | | the fiscal year, unless the city notifies the Fund at least one |
| 3 | | month before the end of the fiscal year that the funds shall |
| 4 | | remain in the account to be used for the accelerated pension |
| 5 | | benefit program for the subsequent fiscal year. |
| 6 | | (e) The Board shall adopt any rules, including emergency |
| 7 | | rules, necessary to implement this Section. |
| 8 | | (f) No provision of this Section shall be interpreted in a |
| 9 | | way that would cause the Fund to cease to be a qualified plan |
| 10 | | under 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 |
| 13 | | of 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, |
| 24 | | or Article 1 as it relates to those benefits, including any |
| 25 | | anticipated annual increases, that an eligible person is |
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| 1 | | entitled to upon attainment of the applicable retirement age. |
| 2 | | "Pension benefit" also includes applicable survivor's, |
| 3 | | surviving spouse's, or disability benefits. |
| 4 | | (b) If an employer has elected to provide funding for an |
| 5 | | accelerated pension benefit program, then as soon as practical |
| 6 | | after June 30, 2026 or as soon as practical after the employer |
| 7 | | has made that election, whichever is later, the Fund shall |
| 8 | | calculate, using actuarial tables and other assumptions |
| 9 | | adopted by the Board, the present value of pension benefits |
| 10 | | for each eligible person who requests that information and |
| 11 | | shall offer each eligible person the opportunity to |
| 12 | | irrevocably elect to receive an amount determined by the Fund |
| 13 | | to be equal to 60% of the present value of his or her pension |
| 14 | | benefits in lieu of receiving any pension benefit. The offer |
| 15 | | shall specify the dollar amount that the eligible person will |
| 16 | | receive if he or she so elects and shall expire when a |
| 17 | | subsequent offer is made to an eligible person. An eligible |
| 18 | | person is limited to one calculation and offer per fiscal |
| 19 | | year. The Fund shall make a good faith effort to contact every |
| 20 | | eligible person to notify him or her of the election. |
| 21 | | Until June 30, 2028, an eligible person may irrevocably |
| 22 | | elect to receive an accelerated pension benefit payment in the |
| 23 | | amount that the Fund offers under this subsection in lieu of |
| 24 | | receiving any pension benefit. A person who elects to receive |
| 25 | | an accelerated pension benefit payment under this Section may |
| 26 | | not elect to proceed under the Retirement Systems Reciprocal |
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| | 10400SB3404sam002 | - 74 - | LRB104 18864 RPS 37143 a |
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| 1 | | Act with respect to service under this Article. |
| 2 | | (c) A person's creditable service under this Article shall |
| 3 | | be terminated upon the person's receipt of an accelerated |
| 4 | | pension benefit payment under this Section, and no other |
| 5 | | benefit shall be paid under this Article based on the |
| 6 | | terminated creditable service, including any retirement, |
| 7 | | survivor, or other benefit. |
| 8 | | (d) If a person who has received an accelerated pension |
| 9 | | benefit payment under this Section returns to active service |
| 10 | | under 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 |
| 19 | | benefit payment, the accelerated pension benefit payment must |
| 20 | | be transferred into a tax qualified retirement plan or |
| 21 | | account. The accelerated pension benefit payment under this |
| 22 | | Section may be subject to withholding or payment of applicable |
| 23 | | taxes, but to the extent permitted by federal law, a person who |
| 24 | | receives an accelerated pension benefit payment under this |
| 25 | | Section must direct the Fund to pay all of that payment as a |
| 26 | | rollover into another retirement plan or account qualified |
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| | 10400SB3404sam002 | - 75 - | LRB104 18864 RPS 37143 a |
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| 1 | | under the Internal Revenue Code of 1986, as amended. |
| 2 | | (f) Before accepting a member's irrevocable election to |
| 3 | | receive an accelerated pension benefit payment under this |
| 4 | | Section, the Fund shall verify that it has a sufficient amount |
| 5 | | of moneys to pay for the accelerated pension benefit payment |
| 6 | | from the contribution remitted by the employer for that |
| 7 | | purpose. Moneys remitted to the Fund for the purpose of the |
| 8 | | accelerated pension benefit program must be kept in a separate |
| 9 | | account. If the Fund determines it does not have sufficient |
| 10 | | moneys to make the accelerated pension benefit payment, then |
| 11 | | the Fund shall not accept the member's irrevocable election |
| 12 | | and shall notify the member of that fact. The member may |
| 13 | | reapply for the accelerated pension benefit payment after that |
| 14 | | fiscal year. Elections shall be processed and paid in the |
| 15 | | order in which complete applications are received by the Fund, |
| 16 | | subject to the availability of funds. If the Fund accepts the |
| 17 | | member's irrevocable election to receive an accelerated |
| 18 | | pension benefit payment under this Section, then the Fund |
| 19 | | shall transfer, from the moneys remitted to the Fund for that |
| 20 | | purpose, the amount of the accelerated pension benefit payment |
| 21 | | into the member's eligible retirement plan or qualified |
| 22 | | account. If any moneys remain in the account maintained by the |
| 23 | | Fund for the purpose of the accelerated pension benefit |
| 24 | | program at the end of the fiscal year, the Fund must remit |
| 25 | | those moneys back to the employer within one month after the |
| 26 | | end of the fiscal year, unless the employer notifies the Fund |
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| | 10400SB3404sam002 | - 76 - | LRB104 18864 RPS 37143 a |
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| 1 | | at least one month before the end of the fiscal year that the |
| 2 | | funds shall remain in the account to be used for the subsequent |
| 3 | | fiscal year. |
| 4 | | (g) The Board shall adopt any rules, including emergency |
| 5 | | rules, necessary to implement this Section. |
| 6 | | (h) No provision of this Section shall be interpreted in a |
| 7 | | way that would cause the Fund to cease to be a qualified plan |
| 8 | | under 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 |
| 11 | | reduction in annual retirement annuity and surviving spouse's |
| 12 | | annuity increases. |
| 13 | | (a) As used in this Section: |
| 14 | | "Accelerated pension benefit payment" means a lump sum |
| 15 | | payment equal to 70% of the difference of the present value of |
| 16 | | the automatic annual increases to a Tier 1 member's retirement |
| 17 | | annuity and surviving spouse's annuity using the formula |
| 18 | | applicable to the Tier 1 member and the present value of the |
| 19 | | automatic annual increases to the Tier 1 member's retirement |
| 20 | | annuity using the formula provided under subsection (b-5) and |
| 21 | | surviving spouse's annuity using the formula provided under |
| 22 | | subsection (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; |
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| | 10400SB3404sam002 | - 77 - | LRB104 18864 RPS 37143 a |
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| 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 |
| 7 | | participant under this Article or any reciprocal retirement |
| 8 | | system or pension fund established under this Code before |
| 9 | | January 1, 2011. |
| 10 | | (b) Until June 30, 2028, if an employer elects to provide |
| 11 | | funding for an accelerated pension benefit program, then as |
| 12 | | soon as practical after June 30, 2026 or as soon as practical |
| 13 | | after the employer makes that election, whichever is later, |
| 14 | | the Fund shall implement an accelerated pension benefit |
| 15 | | payment option for eligible persons. Upon the request of an |
| 16 | | eligible person, if the employer has elected to provide |
| 17 | | funding for an accelerated pension benefit program, the Fund |
| 18 | | shall calculate, using actuarial tables and other assumptions |
| 19 | | adopted by the Board, an accelerated pension benefit payment |
| 20 | | amount and shall offer that eligible person the opportunity to |
| 21 | | irrevocably elect to have his or her automatic annual |
| 22 | | increases in retirement pension calculated in accordance with |
| 23 | | the formula provided under subsection (b-5) in exchange for |
| 24 | | the accelerated pension benefit payment. The election under |
| 25 | | this subsection must be made before the eligible person |
| 26 | | receives the first payment of a retirement pension otherwise |
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| | 10400SB3404sam002 | - 78 - | LRB104 18864 RPS 37143 a |
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| 1 | | payable under this Article. An eligible person is limited to |
| 2 | | one calculation and offer per fiscal year. |
| 3 | | (b-5) Notwithstanding any other provision of law, the |
| 4 | | retirement annuity of a person who made the election under |
| 5 | | subsection (b) shall be subject to annual increases on the |
| 6 | | January 1 occurring either on or after the attainment of age 67 |
| 7 | | or the first anniversary of the annuity start date, whichever |
| 8 | | is later. Each annual increase shall be calculated at 1.5% of |
| 9 | | the originally granted retirement annuity. |
| 10 | | (b-6) Notwithstanding any other provision of law, a |
| 11 | | surviving spouse's annuity payable to a surviving spouse's |
| 12 | | annuity beneficiary of a person who made the election under |
| 13 | | subsection (b) shall be subject to annual increases on the |
| 14 | | January 1 occurring on or after the first anniversary of the |
| 15 | | commencement of the annuity. Each annual increase shall be |
| 16 | | calculated at 1.5% of the originally granted surviving |
| 17 | | spouse's annuity. |
| 18 | | (c) If a person who has received an accelerated pension |
| 19 | | benefit payment returns to active service under this Article, |
| 20 | | then: |
| 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. |
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| | 10400SB3404sam002 | - 79 - | LRB104 18864 RPS 37143 a |
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| 1 | | (d) As a condition of receiving an accelerated pension |
| 2 | | benefit payment, the accelerated pension benefit payment must |
| 3 | | be transferred into a tax qualified retirement plan or |
| 4 | | account. The accelerated pension benefit payment under this |
| 5 | | Section may be subject to withholding or payment of applicable |
| 6 | | taxes, but to the extent permitted by federal law, a person who |
| 7 | | receives an accelerated pension benefit payment under this |
| 8 | | Section must direct the Fund to pay all of that payment as a |
| 9 | | rollover into another retirement plan or account qualified |
| 10 | | under the Internal Revenue Code of 1986, as amended. |
| 11 | | (d-5) Before accepting a member's irrevocable election to |
| 12 | | receive an accelerated pension benefit payment under this |
| 13 | | Section, the Fund shall verify that it has a sufficient amount |
| 14 | | of moneys to pay for the accelerated pension benefit payment |
| 15 | | from the contribution remitted by the employer for that |
| 16 | | purpose. Moneys remitted to the Fund for the purpose of this |
| 17 | | program must be kept in a separate account. If the Fund |
| 18 | | determines it does not have sufficient moneys to make the |
| 19 | | accelerated pension benefit payment, then the Fund shall not |
| 20 | | accept the member's irrevocable election and shall notify the |
| 21 | | member of that fact. The member may reapply for the |
| 22 | | accelerated pension benefit payment after that fiscal year. |
| 23 | | Elections shall be processed and paid in the order in which |
| 24 | | complete applications are received by the Fund, subject to the |
| 25 | | availability of funds. If the Fund accepts the member's |
| 26 | | irrevocable election to receive an accelerated pension benefit |
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| | 10400SB3404sam002 | - 80 - | LRB104 18864 RPS 37143 a |
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| 1 | | payment under this Section, then the Fund shall transfer, from |
| 2 | | the moneys remitted to the Fund for that purpose, the amount of |
| 3 | | the accelerated pension benefit payment into the member's |
| 4 | | eligible retirement plan or qualified account. If any moneys |
| 5 | | remain in the account at the end of the fiscal year, the Fund |
| 6 | | must remit those moneys back to the employer within one month |
| 7 | | after the end of the fiscal year, unless the employer notifies |
| 8 | | the Fund at least one month before the end of the fiscal year |
| 9 | | that the funds shall remain in the account to be used for the |
| 10 | | accelerated pension benefit program for the subsequent fiscal |
| 11 | | year. |
| 12 | | (e) The Board shall adopt any rules, including emergency |
| 13 | | rules, necessary to implement this Section. |
| 14 | | (f) No provision of this Section shall be interpreted in a |
| 15 | | way that would cause the Fund to cease to be a qualified plan |
| 16 | | under the Internal Revenue Code of 1986. |
| 17 | | Section 10. The Counties Code is amended by adding Section |
| 18 | | 3-14050 as follows: |
| 19 | | (55 ILCS 5/3-14050 new) |
| 20 | | Sec. 3-14050. Accelerated pension benefit program; |
| 21 | | counties with more than 3,000,000 inhabitants. |
| 22 | | (a) The county board of a county of more than 3,000,000 |
| 23 | | inhabitants may establish an accelerated pension benefit |
| 24 | | program for the pension funds established under Articles 9 and |
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| | 10400SB3404sam002 | - 81 - | LRB104 18864 RPS 37143 a |
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| 1 | | 10 of the Illinois Pension Code. The accelerated pension |
| 2 | | benefit program shall provide eligible participants the option |
| 3 | | to elect an accelerated pension benefit payment in accordance |
| 4 | | with the applicable provisions of Articles 9 and 10 of the |
| 5 | | Illinois Pension Code authorizing accelerated pension benefit |
| 6 | | payments. |
| 7 | | (b) If the county elects to establish the accelerated |
| 8 | | pension benefit program for a fiscal year beginning in 2026, |
| 9 | | the county must notify the pension fund and remit a |
| 10 | | contribution to the pension fund in an amount determined by |
| 11 | | the county at least 30 days before the program is to be |
| 12 | | implemented. If the county elects to establish the accelerated |
| 13 | | pension benefit program for a fiscal year beginning in 2027, |
| 14 | | the county shall remit to the pension fund, not later than 30 |
| 15 | | days prior to the beginning of the fiscal year for which the |
| 16 | | accelerated pension benefit program is to be made available, a |
| 17 | | contribution to the pension fund in an amount determined by |
| 18 | | the county. The contribution shall constitute the total |
| 19 | | funding available to that pension fund for accelerated pension |
| 20 | | benefit payments for that fiscal year, and accelerated pension |
| 21 | | benefit payments shall be issued by the applicable pension |
| 22 | | fund in accordance with the provisions concerning accelerated |
| 23 | | pension benefit payment until the contributed amount is |
| 24 | | exhausted. The contribution for the accelerated pension |
| 25 | | benefit payments may be made using any lawful funding |
| 26 | | mechanism authorized under this Code, including, but not |
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| 1 | | limited 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 |
| 8 | | limit the county's authority to issue bonds beyond those |
| 9 | | otherwise provided in this Code. |
| 10 | | At least one month prior to the end of the fiscal year, the |
| 11 | | county must notify the pension fund if the county would desire |
| 12 | | any remaining moneys to be rolled over into the next fiscal |
| 13 | | year for the accelerated pension benefit program. If the |
| 14 | | county does not notify the pension fund, the moneys shall be |
| 15 | | remitted back to the county. If an accelerated pension benefit |
| 16 | | program is not authorized under the applicable Article of the |
| 17 | | Illinois Pension Code for the following fiscal year, then the |
| 18 | | pension fund shall remit the moneys back to the county. |
| 19 | | (c) This Section shall be construed as supplemental to |
| 20 | | existing county powers and shall not be interpreted to impair |
| 21 | | any existing contractual obligation or pension benefit |
| 22 | | protected under the Illinois Constitution. |
| 23 | | Section 15. The Illinois Municipal Code is amended by |
| 24 | | adding Section 10-4-13 as follows: |
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| | 10400SB3404sam002 | - 83 - | LRB104 18864 RPS 37143 a |
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| 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 |
| 4 | | establish an accelerated pension benefit program for the |
| 5 | | pension funds established under Article 3, 4, 5, 6, 8, 11, or |
| 6 | | 12 of the Illinois Pension Code to which the municipality |
| 7 | | contributes. The accelerated pension benefit program shall |
| 8 | | provide eligible participants the option to elect an |
| 9 | | accelerated pension benefit payment with regard to employees |
| 10 | | of that municipality who participate in a pension fund |
| 11 | | established under Article 3, 4, 5, 6, 8, 11, or 12 of the |
| 12 | | Illinois Pension Code in accordance with the applicable |
| 13 | | provisions of the Illinois Pension Code authorizing |
| 14 | | accelerated pension benefit payments. |
| 15 | | (b) If the municipality elects to establish the |
| 16 | | accelerated pension benefit program for a fiscal year |
| 17 | | beginning in 2026, the municipality must notify the pension |
| 18 | | fund and remit a contribution to the pension fund in an amount |
| 19 | | determined by the municipality at least 30 days before the |
| 20 | | program is to be implemented. If the municipality elects to |
| 21 | | establish the accelerated pension benefit program for a fiscal |
| 22 | | year beginning in 2027, the municipality shall remit to the |
| 23 | | pension fund, not later than 30 days prior to the beginning of |
| 24 | | the fiscal year for which the accelerated pension benefit |
| 25 | | program is to be made available, a contribution to the pension |
| 26 | | fund in an amount determined by the municipality. The |
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| | 10400SB3404sam002 | - 84 - | LRB104 18864 RPS 37143 a |
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| 1 | | contribution shall constitute the total funding available to |
| 2 | | that pension fund for accelerated pension benefit payments for |
| 3 | | that fiscal year, and accelerated pension benefit payments |
| 4 | | shall be issued by the applicable pension fund in accordance |
| 5 | | with the provisions concerning accelerated pension benefit |
| 6 | | payment until the contributed amount is exhausted. The |
| 7 | | contribution for the accelerated pension benefit payments may |
| 8 | | be made using any lawful funding mechanism authorized under |
| 9 | | this 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 |
| 16 | | limit the municipality's authority to issue bonds beyond those |
| 17 | | otherwise provided in this Code. |
| 18 | | At least one month prior to the end of the fiscal year, the |
| 19 | | municipality must notify the pension fund if it would desire |
| 20 | | any remaining moneys to be rolled over into the next fiscal |
| 21 | | year for the accelerated pension benefit program. If the |
| 22 | | municipality does not notify the pension fund, the moneys |
| 23 | | shall be remitted back to the municipality. If an accelerated |
| 24 | | pension benefit program is not authorized under the applicable |
| 25 | | Article of the Illinois Pension Code for the following fiscal |
| 26 | | year, then the pension fund shall remit the moneys back to the |
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| 1 | | municipality. |
| 2 | | (c) This Section shall be construed as supplemental to |
| 3 | | existing municipal powers and shall not be interpreted to |
| 4 | | impair any existing contractual obligation or pension benefit |
| 5 | | protected under the Illinois Constitution. |
| 6 | | Section 20. The School Code is amended by adding Section |
| 7 | | 34-89 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 |
| 11 | | program for the pension fund established under Article 17 of |
| 12 | | the Illinois Pension Code. The accelerated pension benefit |
| 13 | | program shall provide eligible participants the option to |
| 14 | | elect an accelerated pension benefit payment with regard to |
| 15 | | teachers who participate under Article 17 of the Illinois |
| 16 | | Pension Code in accordance with the applicable provisions of |
| 17 | | Article 17 of the Illinois Pension Code authorizing |
| 18 | | accelerated pension benefit payments. |
| 19 | | (b) If the board elects to establish the accelerated |
| 20 | | pension benefit program for a fiscal year beginning in 2026, |
| 21 | | the board must notify the pension fund and remit a |
| 22 | | contribution to the pension fund in an amount determined by |
| 23 | | the board at least 30 days before the program is to be |
| 24 | | implemented. If the board elects to establish the accelerated |
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| 1 | | pension benefit program for a fiscal year beginning in 2027, |
| 2 | | the board shall remit to the pension fund, not later than 30 |
| 3 | | days prior to the beginning of the fiscal year for which the |
| 4 | | accelerated pension benefit program is to be made available, a |
| 5 | | contribution to the pension fund in an amount determined by |
| 6 | | the board. The contribution shall constitute the total funding |
| 7 | | available to that pension fund for accelerated pension benefit |
| 8 | | payments for that fiscal year, and accelerated pension benefit |
| 9 | | payments shall be issued by the applicable pension fund in |
| 10 | | accordance with the provisions concerning accelerated pension |
| 11 | | benefit payment until the contributed amount is exhausted. The |
| 12 | | contribution for the accelerated pension benefit payments may |
| 13 | | be made using any lawful funding mechanism authorized under |
| 14 | | this 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 |
| 21 | | limit the board's authority to issue bonds beyond those |
| 22 | | otherwise provided in this Code. |
| 23 | | At least one month prior to the end of the fiscal year, the |
| 24 | | board must notify the pension fund if it would like any |
| 25 | | remaining moneys rolled over into the next fiscal year for the |
| 26 | | accelerated pension benefit program. If the board does not |
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| 1 | | notify the pension fund, the moneys shall be remitted back to |
| 2 | | the board. If an accelerated pension benefit program is not |
| 3 | | authorized under Article 17 of the Illinois Pension Code for |
| 4 | | the following fiscal year, then the pension fund shall remit |
| 5 | | the moneys back to the board. |
| 6 | | (c) This Section shall be construed as supplemental to |
| 7 | | existing board powers and shall not be interpreted to impair |
| 8 | | any existing contractual obligation or pension benefit |
| 9 | | protected under the Illinois Constitution. |
| 10 | | Section 90. The State Mandates Act is amended by adding |
| 11 | | Section 8.50 as follows: |
| 12 | | (30 ILCS 805/8.50 new) |
| 13 | | Sec. 8.50. Exempt mandate. Notwithstanding Sections 6 and |
| 14 | | 8 of this Act, no reimbursement by the State is required for |
| 15 | | the implementation of any mandate created by this amendatory |
| 16 | | Act of the 104th General Assembly. |
| 17 | | Section 99. Effective date. This Act takes effect upon |
| 18 | | becoming law.". |