96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4828


 
Introduced 1/12/2010, by Rep. Robert Rita
 
SYNOPSIS AS INTRODUCED:
 		












40 ILCS 5/17-119
  from Ch. 108 1/2, par. 17-119




30 ILCS 805/8.34 new











    Amends the Chicago Teacher Article of the Illinois Pension Code.  Accelerates the
initial annual increase in retirement pension to the January following the
first anniversary of retirement.  Amends the State Mandates Act to require
implementation without reimbursement.  Effective immediately.
















LRB096 16363 AMC 31627 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB4828

LRB096 16363 AMC 31627 b






1
    AN ACT in relation to public employee benefits. 

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Illinois Pension Code is amended by changing 
5
Section 17-119
as follows:


 
6
    (40 ILCS 5/17-119)  (from Ch. 108 1/2, par. 17-119)

7
    Sec. 17-119. Automatic annual increase in pension.


8
    (a) Each teacher retiring on or after September 1, 1959, is 
9
entitled to
the annual increase in pension, defined herein, 
10
while he is receiving a pension
from the Fund.


11
        1. The term "base pension" means a service retirement 
12
    or disability
retirement pension in the amount fixed and 
13
    payable at the date of
retirement of a teacher.


14
        2. The annual increase in pension shall be at the rate 
15
    of 1 1/2% of
base pension. This increase shall first occur 
16
    in January of the year
next following the first anniversary 
17
    of retirement. At such time the
Fund shall pay the pro rata 
18
    part of the increase for the period from the
first 
19
    anniversary date to the date of the first increase in

20
    pension.  Beginning January 1, 1972, the rate of annual 
21
    increase in
pension shall be 2% of the base pension.  
22
    Beginning January 1, 1979, the
rate of annual increase in 
23
    pension shall be 3% of the base pension.
Beginning January 
 


 






HB4828
- 2 -
LRB096 16363 AMC 31627 b




1
    1, 1990, all automatic annual increases payable under
this 
2
    Section shall be calculated as a percentage of the total 
3
    pension
payable at the time of the increase, including all 
4
    increases previously
granted under this Article, 
5
    notwithstanding Section 17-157.


6
        3. For a retired teacher who withdraws from service 
7
    before January 1,
2011, an increase in pension shall be 
8
    granted only if the retired teacher is
age 60 or over.  If 
9
    the teacher attains age 60 after retirement, the increase

10
    in pension shall begin in January of the year following the 
11
    61st birthday.  At
such time the Fund also shall pay the pro 
12
    rata part of the increase from the
61st birthday to the 
13
    date of first increase in pension.


14
        For a retired teacher who withdraws from service on or 
15
    after January 1,
2011, the increase in pension shall begin 
16
    in the January next following the
first anniversary of 
17
    retirement.  At such time the Fund shall also pay the pro

18
    rata part of the increase from the first anniversary of 
19
    retirement to the date
of first increase in pension.


20
    (b) In addition to other increases which may be provided by 
21
this
Section, on January 1, 1981 any teacher who was receiving 
22
a retirement pension
on or before January 1, 1971 shall have 
23
his retirement pension then being paid
increased $1 per month 
24
for each year of creditable service.  On January 1,
1982, any 
25
teacher whose retirement pension began on or before January 1, 
26
1977,
shall have his retirement pension then being paid 
 


 






HB4828
- 3 -
LRB096 16363 AMC 31627 b




1
increased $1 per month for
each year of creditable service.


2
    On January 1, 1987, any teacher whose retirement pension 
3
began
on or before January 1, 1977, shall have the monthly 
4
retirement pension
increased by an amount equal to 8¢ per year 
5
of creditable service times the
number of years that have 
6
elapsed since the retirement pension began.


7
(Source: P.A. 90-566, eff. 1-2-98.)


 
8
    Section 90. The State Mandates Act is amended by adding 
9
Section 8.34 as follows:
 
10
    (30 ILCS 805/8.34 new)
11
    Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 
12
of this Act, no reimbursement by the State is required for the 
13
implementation of any mandate created by this amendatory Act of 
14
the 96th General Assembly.
 
15
    Section 99. Effective date. This Act takes effect upon 
16
becoming law.