96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4832


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








  



40 ILCS 5/17-116
  from Ch. 108 1/2, par. 17-116



30 ILCS 805/8.34 new










    Amends the Chicago Teacher Article of the Illinois Pension Code. Provides that a teacher, member, or contributor who has left validated service and later re-enters validated service as a teacher, member, or contributor must acquire one year of additional validated service in order to be eligible  (A) to retire on a pension at a rate and under conditions other than those in force or attained at the time he or she left validated service and (B) to receive reimbursement for the cost of health insurance coverage or health insurance premium payments. Amends the State Mandates Act to require implementation without reimbursement. 
















LRB096 16358 AMC 31622 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB4832

LRB096 16358 AMC 31622 b






1
    AN ACT concerning 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 17-116 as follows:
 



6
    (40 ILCS 5/17-116)  (from Ch. 108 1/2, par. 17-116)



7
    Sec. 17-116. Service retirement pension. 

8
    (a) Each teacher having 20 years of service upon attainment 
9
of age 55,
or who thereafter attains age 55 shall be entitled 
10
to a service retirement
pension upon or after attainment of age 
11
55; and each teacher in service on or
after July 1, 1971, with 
12
5 or more but less than 20 years of service shall be
entitled 
13
to receive a service retirement pension upon or after 
14
attainment of
age 62. 

15
    (b) The service retirement pension
for a teacher who 
16
retires on or after June 25, 1971, at age
60 or over, shall be 
17
calculated as follows:


18
        (1) For creditable service earned before July 1, 1998 
19
    that has not been
augmented under Section 17-119.1: 1.67% 
20
    for each of the first 10 years
of service; 1.90% for each 
21
    of the next 10 years of service; 2.10% for
each year of 
22
    service in excess of 20 but not exceeding 30; and 2.30% for

23
    each year of service in excess of 30, based upon average 
 


 






HB4832
- 2 -
LRB096 16358 AMC 31622 b




1
    salary as
herein defined.


2
        (2) For creditable service earned on or after July 1, 
3
    1998 by a member
who has at least 30 years of creditable 
4
    service on July 1, 1998 and who does
not elect to augment 
5
    service under Section 17-119.1:  2.3% of average salary
for 
6
    each year of creditable service earned on or after July 1, 
7
    1998.


8
        (3) For all other creditable service:  2.2% of average 
9
    salary
for each year of creditable service.

10
    (c) When computing such service retirement pensions, the

11
following conditions shall apply:


12
        1. Average salary shall consist of the average annual 
13
    rate of salary
for the 4 consecutive years of validated 
14
    service within the last 10 years
of service when such 
15
    average annual rate was highest.  In the determination
of 
16
    average salary for retirement allowance purposes, for 
17
    members who
commenced employment after August 31, 1979, 
18
    that part of the salary for any
year shall be excluded 
19
    which exceeds the annual full-time salary rate for
the 
20
    preceding year by more than 20%.  In the case of a member 
21
    who commenced
employment before August 31, 1979 and who 
22
    receives salary during any year
after September 1, 1983 
23
    which exceeds the annual full time salary rate for
the 
24
    preceding year by more than 20%,
an Employer and other 
25
    employers of
eligible contributors as defined in Section 
26
    17-106
shall pay to the Fund an amount equal to the present 
 


 






HB4832
- 3 -
LRB096 16358 AMC 31622 b




1
    value of the
additional service retirement pension 
2
    resulting from such excess salary.
The present value of the 
3
    additional service retirement pension shall be
computed by 
4
    the Board on the basis of actuarial tables adopted by the

5
    Board.  If a member elects to receive a pension from this 
6
    Fund
provided by
Section 20-121, his salary under the State 
7
    Universities Retirement System
and the Teachers' 
8
    Retirement System of the State of Illinois shall be

9
    considered in determining such average salary.  Amounts 
10
    paid after the
effective date of this amendatory Act of 
11
    1991 for unused vacation time
earned after that effective 
12
    date shall not under any circumstances be
included in the 
13
    calculation of average salary or the annual rate of salary

14
    for the purposes of this Article.


15
        2. Proportionate credit shall be given for validated 
16
    service of less
than one year.


17
        3. For retirement at age 60 or over the pension shall 
18
    be payable at
the full rate.


19
        4. For separation from service below age 60 to a 
20
    minimum age of 55,
the pension shall be discounted at the 
21
    rate of 1/2 of one per cent for
each month that the age of 
22
    the contributor is less than 60, but a
teacher may elect to 
23
    defer the effective date of pension in order to
eliminate 
24
    or reduce this discount.  This discount shall not be 
25
    applicable
to any participant who has at least 34 years of 
26
    service or a
retirement pension of at least 74.6% of 
 


 






HB4832
- 4 -
LRB096 16358 AMC 31622 b




1
    average salary on the date the
retirement annuity begins.


2
        5. No additional pension shall be granted for service 
3
    exceeding 45
years.  Beginning June 26, 1971 no pension 
4
    shall exceed the greater of
$1,500 per month or 75% of 
5
    average salary as herein defined.


6
        6. Service retirement pensions shall begin on the 
7
    effective date of
resignation, retirement, the day 
8
    following the close of the payroll
period for which service 
9
    credit was validated, or the time the person
resigning or 
10
    retiring attains age 55, or on a date elected by the

11
    teacher, whichever shall be latest.


12
        7. A member who is eligible to receive a retirement 
13
    pension of at least
74.6% of average salary and will attain 
14
    age 55 on or before December 31
during the year which 
15
    commences on July 1 shall be deemed to attain age 55 on
the 
16
    preceding June 1.


17
        8. A member retiring after the effective date of this 
18
    amendatory Act
of 1998 shall receive a pension equal to 75% 
19
    of average salary if the
member is qualified to receive a 
20
    retirement pension equal to at least 74.6%
of average 
21
    salary under this Article or as proportional annuities 
22
    under
Article 20 of this Code.

23
        9. A teacher, member, or contributor who has left 
24
    validated service and later re-enters validated service as 
25
    a teacher, member, or contributor must acquire one year of 
26
    additional validated service in order to be eligible  (A) to 
 


 






HB4832
- 5 -
LRB096 16358 AMC 31622 b




1
    retire on a pension at a rate and under conditions other 
2
    than those in force or attained at the time he or she left 
3
    validated service and (B) to receive reimbursement for the 
4
    cost of health insurance coverage or health insurance 
5
    premium payments in accordance with Section 17-142.1. This 
6
    item 9 shall not apply in the event that the teacher, 
7
    member, or contributor dies in service prior to acquiring 
8
    one year of additional validated service. This item 9 shall 
9
    not apply to the re-employment of any person receiving a 
10
    service retirement or disability pension; the 
11
    re-employment of such a person shall be governed by Section 
12
    17-149. 
13
(Source: P.A. 90-566, eff. 1-2-98; 90-582, eff. 5-27-98.)


 
14
    Section 90. The State Mandates Act is amended by adding 
15
Section 8.34 as follows:
 
16
    (30 ILCS 805/8.34 new)
17
    Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 
18
of this Act, no reimbursement by the State is required for the 
19
implementation of any mandate created by this amendatory Act of 
20
the 96th General Assembly.