Rep. Elaine Nekritz
Filed: 5/21/2015
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1 | AMENDMENT TO SENATE BILL 777
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2 | AMENDMENT NO. ______. Amend Senate Bill 777 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Pension Code is amended by | ||||||
5 | changing Sections 15-112, 15-154, 15-157, 15-168, 16-132, | ||||||
6 | 16-155, and 16-169.1 and by adding Sections 2-139.1, 14-135.11, | ||||||
7 | 15-126.2, and 16-181.4 as follows: | ||||||
8 | (40 ILCS 5/2-139.1 new) | ||||||
9 | Sec. 2-139.1. To request information. To request from any | ||||||
10 | member, annuitant, beneficiary, or employer such information | ||||||
11 | as is necessary for the proper administration of the System. | ||||||
12 | (40 ILCS 5/14-135.11 new) | ||||||
13 | Sec. 14-135.11. To request information. To request from any | ||||||
14 | member, annuitant, beneficiary, or employer such information | ||||||
15 | as is necessary for the proper administration of the System.
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1 | (40 ILCS 5/15-112) (from Ch. 108 1/2, par. 15-112)
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2 | (Text of Section WITHOUT the changes made by P.A. 98-599, | ||||||
3 | which has been held unconstitutional)
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4 | Sec. 15-112. Final rate of earnings. "Final rate of | ||||||
5 | earnings": | ||||||
6 | (a) This subsection (a) applies only to a Tier 1 member. | ||||||
7 | For an employee who is paid on an hourly basis or who | ||||||
8 | receives an annual salary
in installments during 12 months of | ||||||
9 | each academic year, the average annual
earnings during the 48 | ||||||
10 | consecutive calendar month period ending with the last
day of | ||||||
11 | final termination of employment or the 4 consecutive academic | ||||||
12 | years of
service in which the employee's earnings were the | ||||||
13 | highest, whichever is
greater.
For any other employee, the | ||||||
14 | average annual earnings during the 4 consecutive
academic years | ||||||
15 | of service in which his or her earnings were the highest.
For | ||||||
16 | an employee with less than 48 months or 4 consecutive academic | ||||||
17 | years of
service, the average earnings during his or her entire | ||||||
18 | period of service.
The earnings of an employee with more than | ||||||
19 | 36 months of service under item (a) of Section 15-113.1 prior | ||||||
20 | to the
date of becoming a participant are, for such period, | ||||||
21 | considered equal to the
average earnings during the last 36 | ||||||
22 | months of such service. | ||||||
23 | (b) This subsection (b) applies to a Tier 2 member. | ||||||
24 | For an employee who is paid on an hourly basis or who | ||||||
25 | receives an annual salary in installments during 12 months of |
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1 | each academic year, the average annual earnings obtained by | ||||||
2 | dividing by 8 the total earnings of the employee during the 96 | ||||||
3 | consecutive months in which the total earnings were the highest | ||||||
4 | within the last 120 months prior to termination. | ||||||
5 | For any other employee, the average annual earnings during | ||||||
6 | the 8 consecutive academic years within the 10 years prior to | ||||||
7 | termination in which the employee's earnings were the highest. | ||||||
8 | For an employee with less than 96 consecutive months or 8 | ||||||
9 | consecutive academic years of service, whichever is necessary, | ||||||
10 | the average earnings during his or her entire period of | ||||||
11 | service. | ||||||
12 | (c) For an
employee on leave of absence with pay, or on | ||||||
13 | leave of absence without pay
who makes contributions during | ||||||
14 | such leave, earnings are assumed to be equal
to the basic | ||||||
15 | compensation on the date the leave began. | ||||||
16 | (d) For an employee on
disability leave, earnings are | ||||||
17 | assumed to be equal to the basic compensation
on the date | ||||||
18 | disability occurs or the average earnings during the 24 months
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19 | immediately preceding the month in which disability occurs, | ||||||
20 | whichever is
greater.
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21 | (e) For a Tier 1 member who retires on or after the | ||||||
22 | effective date of this
amendatory Act of 1997 with at least 20 | ||||||
23 | years of service as a firefighter or
police officer under this | ||||||
24 | Article, the final rate of earnings shall be the
annual rate of | ||||||
25 | earnings received by the participant on his or her last day as | ||||||
26 | a
firefighter or police officer under this Article, if that is |
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1 | greater than the
final rate of earnings as calculated under the | ||||||
2 | other provisions of this
Section.
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3 | (f) If a Tier 1 member is an employee for at least
6 months | ||||||
4 | during the academic year in which his or her employment
is | ||||||
5 | terminated, the annual final rate of earnings shall be 25% of | ||||||
6 | the sum
of (1) the annual basic compensation for that year, and | ||||||
7 | (2) the amount
earned during the 36 months immediately | ||||||
8 | preceding that year, if this is
greater than the final rate of | ||||||
9 | earnings as calculated under the other
provisions of this | ||||||
10 | Section.
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11 | (g) In the determination of the final rate of earnings for | ||||||
12 | an employee, that
part of an employee's earnings for any | ||||||
13 | academic year beginning after June 30,
1997, which exceeds the | ||||||
14 | employee's earnings with that employer for the
preceding year | ||||||
15 | by more than 20 percent shall be excluded; in the event
that an | ||||||
16 | employee has more than one employer
this limitation shall be | ||||||
17 | calculated separately for the earnings with
each employer. In | ||||||
18 | making such calculation, only the basic compensation of
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19 | employees shall be considered, without regard to vacation or | ||||||
20 | overtime or to
contracts for summer employment.
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21 | (h) The following are not considered as earnings in | ||||||
22 | determining final rate of
earnings: (1) severance or separation | ||||||
23 | pay, (2) retirement pay, (3)
payment for unused sick leave, and | ||||||
24 | (4) payments from an employer for
the period used in | ||||||
25 | determining final rate of earnings for any purpose other
than | ||||||
26 | (i) services rendered, (ii) leave of absence or vacation |
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1 | granted
during that period, and (iii) vacation of up to 56 work | ||||||
2 | days allowed upon
termination of employment; except that, if | ||||||
3 | the benefit has been collectively
bargained between the | ||||||
4 | employer and the recognized collective bargaining agent
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5 | pursuant to the Illinois Educational Labor Relations Act, | ||||||
6 | payment received
during a period of up to 2 academic years for | ||||||
7 | unused sick leave may be
considered as earnings in accordance | ||||||
8 | with the applicable collective bargaining
agreement, subject | ||||||
9 | to the 20% increase limitation of this Section. Any unused
sick | ||||||
10 | leave considered as earnings under this Section shall not be | ||||||
11 | taken into
account in calculating service credit under Section | ||||||
12 | 15-113.4.
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13 | (i) Intermittent periods of service shall be considered as | ||||||
14 | consecutive in
determining final rate of earnings.
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15 | (Source: P.A. 98-92, eff. 7-16-13.)
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16 | (40 ILCS 5/15-126.2 new) | ||||||
17 | Sec. 15-126.2. Plan year. "Plan year": The 12-month period | ||||||
18 | beginning on July 1 in any year, and ending on June 30 of the | ||||||
19 | succeeding year.
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20 | (40 ILCS 5/15-154) (from Ch. 108 1/2, par. 15-154)
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21 | Sec. 15-154. Refunds.
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22 | (a) A participant whose status as an employee is | ||||||
23 | terminated, regardless of
cause, or who has been on lay off | ||||||
24 | status for more than 120 days, and who is not
on leave of |
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1 | absence, is entitled to a refund of contributions upon | ||||||
2 | application;
except that not more than one such refund | ||||||
3 | application may be made during any
academic year.
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4 | Except as set forth in subsections (a-1) and (a-2), the | ||||||
5 | refund shall
be the sum of the accumulated normal, additional, | ||||||
6 | and survivors insurance
contributions, plus the entire | ||||||
7 | contribution made by the participant under
Section 15-113.3, | ||||||
8 | less the amount of interest credited on these contributions
| ||||||
9 | each year in excess of 4 1/2% of the amount on which interest | ||||||
10 | was calculated.
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11 | (a-1) A person who elects, in accordance with the | ||||||
12 | requirements of Section
15-134.5, to participate in the | ||||||
13 | portable benefit package and who becomes a
participating | ||||||
14 | employee under that retirement program upon the conclusion of
| ||||||
15 | the one-year waiting period applicable to the portable benefit | ||||||
16 | package election
shall have his or her refund calculated in | ||||||
17 | accordance with the provisions of
subsection (a-2).
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18 | (a-2) The refund payable to a participant described in | ||||||
19 | subsection (a-1)
shall be the sum of the participant's | ||||||
20 | accumulated normal and additional
contributions, as defined in | ||||||
21 | Sections 15-116 and 15-117, plus the entire
contribution made | ||||||
22 | by the participant under Section 15-113.3. If the
participant | ||||||
23 | terminates with 5 or more years of service for employment as
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24 | defined in Section 15-113.1, he or she shall also be entitled | ||||||
25 | to a distribution
of employer contributions in an amount equal | ||||||
26 | to the sum of the accumulated
normal and additional |
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1 | contributions, as defined in Sections 15-116 and 15-117.
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2 | (b) Upon acceptance of a refund, the participant forfeits | ||||||
3 | all
accrued rights and credits in the System, and if | ||||||
4 | subsequently reemployed, the
participant shall be considered a | ||||||
5 | new employee subject to all the qualifying
conditions for | ||||||
6 | participation and eligibility for benefits applicable to new
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7 | employees. If such person again becomes a participating | ||||||
8 | employee and continues
as such for 2 years, or is employed by | ||||||
9 | an employer and participates for at
least 2 years in the | ||||||
10 | Federal Civil Service Retirement System, all such rights,
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11 | credits, and previous status as a participant shall be restored | ||||||
12 | upon repayment
of the amount of the refund, together with | ||||||
13 | compound interest thereon from the
date the refund was issued | ||||||
14 | received to the date of repayment at the rate of 6% per
annum | ||||||
15 | through August 31, 1982, and at the effective rates after that | ||||||
16 | date.
When a participant in the portable benefit package who | ||||||
17 | received a refund
which included a distribution of employer | ||||||
18 | contributions repays a refund
pursuant to this Section, | ||||||
19 | one-half of the amount repaid shall be deemed the
member's | ||||||
20 | reinstated accumulated normal and additional contributions and | ||||||
21 | the
other half shall be allocated as an employer contribution | ||||||
22 | to the System,
except that any amount repaid for previously | ||||||
23 | purchased military service
credit under Section 15-113.3 shall | ||||||
24 | be accounted for as such.
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25 | (c) If a participant covered under the traditional
benefit | ||||||
26 | package has made survivors insurance contributions, but has no
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1 | survivors insurance beneficiary upon retirement, he or she | ||||||
2 | shall be entitled
to elect a refund of the accumulated | ||||||
3 | survivors insurance contributions, or to
elect an additional | ||||||
4 | annuity the value of which is equal to the accumulated
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5 | survivors insurance contributions. This election must be made | ||||||
6 | prior to the
date the person's retirement annuity is approved | ||||||
7 | by the System.
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8 | (d) A participant, upon application, is entitled to a | ||||||
9 | refund of his
or her accumulated additional contributions | ||||||
10 | attributable to the additional
contributions described in the | ||||||
11 | last sentence of subsection (c) of Section
15-157. Upon the | ||||||
12 | acceptance of such a refund of accumulated additional
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13 | contributions, the participant forfeits all rights and credits | ||||||
14 | which may
have accrued because of such contributions.
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15 | (e) A participant who terminates his or her employee status | ||||||
16 | and elects to
waive service credit under Section 15-154.2, is | ||||||
17 | entitled to a refund of the
accumulated normal, additional and | ||||||
18 | survivors insurance contributions, if any,
which were credited | ||||||
19 | the participant for this service, or to an additional
annuity | ||||||
20 | the value of which is equal to the accumulated normal, | ||||||
21 | additional and
survivors insurance contributions, if any; | ||||||
22 | except that not more than one such
refund application may be | ||||||
23 | made during any academic year. Upon acceptance of
this refund, | ||||||
24 | the participant forfeits all rights and credits accrued because
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25 | of this service.
| ||||||
26 | (f) If a police officer or firefighter receives a |
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1 | retirement annuity
under Rule 1 or 3 of Section 15-136, he or | ||||||
2 | she shall be entitled at
retirement to a refund of the | ||||||
3 | difference between his or her accumulated
normal contributions | ||||||
4 | and the normal contributions which would have
accumulated had | ||||||
5 | such person filed a waiver of the retirement formula
provided | ||||||
6 | by Rule 4 of Section 15-136.
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7 | (g) If, at the time of retirement, a participant would be | ||||||
8 | entitled to
a retirement annuity under Rule 1, 2, 3, 4, or 5 of | ||||||
9 | Section 15-136, or under
Section 15-136.4, that exceeds
the | ||||||
10 | maximum specified in clause (1) of subsection (c) of Section | ||||||
11 | 15-136, he
or she shall be entitled to a refund of the employee | ||||||
12 | contributions, if any,
paid under Section 15-157 after the date | ||||||
13 | upon which continuance of such
contributions would have | ||||||
14 | otherwise caused the retirement annuity to exceed
this maximum, | ||||||
15 | plus compound interest at the effective rates.
| ||||||
16 | (Source: P.A. 92-16, eff. 6-28-01;
92-424, eff. 8-17-01; | ||||||
17 | 93-347, eff. 7-24-03.)
| ||||||
18 | (40 ILCS 5/15-157) (from Ch. 108 1/2, par. 15-157)
| ||||||
19 | (Text of Section WITHOUT the changes made by P.A. 98-599, | ||||||
20 | which has been held unconstitutional)
| ||||||
21 | Sec. 15-157. Employee Contributions.
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22 | (a) Each participating employee
shall make contributions | ||||||
23 | towards the retirement
benefits payable under the retirement | ||||||
24 | program applicable to the
employee from each payment
of | ||||||
25 | earnings applicable to employment under this system on and |
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1 | after the
date of becoming a participant as follows: Prior to | ||||||
2 | September 1, 1949,
3 1/2% of earnings; from September 1, 1949 | ||||||
3 | to August 31, 1955, 5%; from
September 1, 1955 to August 31, | ||||||
4 | 1969, 6%; from September 1, 1969, 6 1/2%.
These contributions | ||||||
5 | are to be considered as normal contributions for purposes
of | ||||||
6 | this Article.
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7 | Each participant who is a police officer or firefighter | ||||||
8 | shall make normal
contributions of 8% of each payment of | ||||||
9 | earnings applicable to employment as a
police officer or | ||||||
10 | firefighter under this system on or after September 1, 1981,
| ||||||
11 | unless he or she files with the board within 60 days after the | ||||||
12 | effective date
of this amendatory Act of 1991 or 60 days after | ||||||
13 | the board receives notice that
he or she is employed as a | ||||||
14 | police officer or firefighter, whichever is later,
a written | ||||||
15 | notice waiving the retirement formula provided by Rule 4 of | ||||||
16 | Section
15-136. This waiver shall be irrevocable. If a | ||||||
17 | participant had met the
conditions set forth in Section | ||||||
18 | 15-132.1 prior to the effective date of this
amendatory Act of | ||||||
19 | 1991 but failed to make the additional normal contributions
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20 | required by this paragraph, he or she may elect to pay the | ||||||
21 | additional
contributions plus compound interest at the | ||||||
22 | effective rate. If such payment
is received by the board, the | ||||||
23 | service shall be considered as police officer
service in | ||||||
24 | calculating the retirement annuity under Rule 4 of Section | ||||||
25 | 15-136.
While performing service described in clause (i) or | ||||||
26 | (ii) of Rule 4 of Section
15-136, a participating employee |
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1 | shall be deemed to be employed as a
firefighter for the purpose | ||||||
2 | of determining the rate of employee contributions
under this | ||||||
3 | Section.
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4 | (b) Starting September 1, 1969, each participating | ||||||
5 | employee shall make
additional contributions of 1/2 of 1% of | ||||||
6 | earnings to finance a portion
of the cost of the annual | ||||||
7 | increases in retirement annuity provided under
Section 15-136, | ||||||
8 | except that with respect to participants in the
self-managed | ||||||
9 | plan this additional contribution shall be used to finance the
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10 | benefits obtained under that retirement program.
| ||||||
11 | (c) In addition to the amounts described in subsections (a) | ||||||
12 | and (b) of this
Section, each participating employee shall make | ||||||
13 | contributions of 1% of earnings
applicable under this system on | ||||||
14 | and after August 1, 1959. The contributions
made under this | ||||||
15 | subsection (c) shall be considered as survivor's insurance
| ||||||
16 | contributions for purposes of this Article if the employee is | ||||||
17 | covered under
the traditional benefit package, and such | ||||||
18 | contributions shall be considered
as additional contributions | ||||||
19 | for purposes of this Article if the employee is
participating | ||||||
20 | in the self-managed plan or has elected to participate in the
| ||||||
21 | portable benefit package and has completed the applicable | ||||||
22 | one-year waiting
period. Contributions in excess of $80 during | ||||||
23 | any fiscal year beginning before
August 31, 1969 and in excess | ||||||
24 | of $120 during any fiscal year thereafter until
September 1, | ||||||
25 | 1971 shall be considered as additional contributions for | ||||||
26 | purposes
of this Article.
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1 | (d) If the board by board rule so permits and subject to | ||||||
2 | such conditions
and limitations as may be specified in its | ||||||
3 | rules, a participant may make
other additional contributions of | ||||||
4 | such percentage of earnings or amounts as
the participant shall | ||||||
5 | elect in a written notice thereof received by the board.
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6 | (e) That fraction of a participant's total accumulated | ||||||
7 | normal
contributions, the numerator of which is equal to the | ||||||
8 | number of years of
service in excess of that which is required | ||||||
9 | to qualify for the maximum
retirement annuity, and the | ||||||
10 | denominator of which is equal to the total
service of the | ||||||
11 | participant, shall be considered as accumulated additional
| ||||||
12 | contributions. The determination of the applicable maximum | ||||||
13 | annuity and
the adjustment in contributions required by this | ||||||
14 | provision shall be made
as of the date of the participant's | ||||||
15 | retirement.
| ||||||
16 | (f) Notwithstanding the foregoing, a participating | ||||||
17 | employee shall not
be required to make contributions under this | ||||||
18 | Section after the date upon
which continuance of such | ||||||
19 | contributions would otherwise cause his or her
retirement | ||||||
20 | annuity to exceed the maximum retirement annuity as specified | ||||||
21 | in
clause (1) of subsection (c) of Section 15-136.
| ||||||
22 | (g) A participant participating employee may make | ||||||
23 | contributions for the purchase of
service credit under this | ||||||
24 | Article ; however, only a participating employee may make | ||||||
25 | optional contributions under subsection (b) of Section | ||||||
26 | 15-157.1 of this Article .
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1 | (h) A Tier 2 member shall not make contributions on | ||||||
2 | earnings that exceed the limitation as prescribed under | ||||||
3 | subsection (b) of Section 15-111 of this Article . | ||||||
4 | (Source: P.A. 98-92, eff. 7-16-13.)
| ||||||
5 | (40 ILCS 5/15-168) (from Ch. 108 1/2, par. 15-168)
| ||||||
6 | Sec. 15-168. To require information. To require such | ||||||
7 | information as shall be necessary for the proper
operation of | ||||||
8 | the system from any participant or benefit recipient | ||||||
9 | beneficiary or from any
employer of a current or former | ||||||
10 | participant.
| ||||||
11 | (Source: P.A. 98-92, eff. 7-16-13.)
| ||||||
12 | (40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
| ||||||
13 | (Text of Section WITHOUT the changes made by P.A. 98-599, | ||||||
14 | which has been held unconstitutional)
| ||||||
15 | Sec. 16-132. Retirement annuity eligibility. A member who | ||||||
16 | has at least 20 years of creditable service is entitled to a
| ||||||
17 | retirement annuity upon or after attainment of age 55.
A member | ||||||
18 | who has at least 10 but less than 20 years of creditable | ||||||
19 | service is
entitled to a retirement annuity upon or after | ||||||
20 | attainment of age 60.
A member who has at least 5 but less than | ||||||
21 | 10 years of creditable service is
entitled to a retirement | ||||||
22 | annuity upon or after attainment of age 62.
A member who (i) | ||||||
23 | has earned during the period immediately preceding the last
day | ||||||
24 | of service at least one year of contributing creditable service |
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| |||||||
1 | as an
employee of a department as defined in Section 14-103.04, | ||||||
2 | (ii) has earned at
least 5 years of contributing creditable | ||||||
3 | service as an employee of a department
as defined in Section | ||||||
4 | 14-103.04, and (iii) retires on or after January 1, 2001
is | ||||||
5 | entitled to a retirement annuity upon or after attainment of an | ||||||
6 | age which,
when added to the number of years of his or her | ||||||
7 | total creditable service,
equals at least 85. Portions of years | ||||||
8 | shall be counted as decimal equivalents.
| ||||||
9 | A member who is eligible to receive a retirement annuity of | ||||||
10 | at least 74.6% of
final average salary and will attain age 55 | ||||||
11 | on or before December 31 during the
year which commences on | ||||||
12 | July 1 shall be deemed to attain age 55 on the
preceding June | ||||||
13 | 1.
| ||||||
14 | A member meeting the above eligibility conditions is | ||||||
15 | entitled to a retirement
annuity upon written application to | ||||||
16 | the board setting forth the date the member
wishes the | ||||||
17 | retirement annuity to commence. However, the effective date of | ||||||
18 | the
retirement annuity shall be (i) no earlier than the day | ||||||
19 | following the last day of
creditable service, regardless of the | ||||||
20 | date of official termination of
employment , and (ii) in the | ||||||
21 | case of a member who is not eligible to retire on the effective | ||||||
22 | date of this amendatory Act of the 99th General Assembly, no | ||||||
23 | more than 2 years before the date of receipt by the System of | ||||||
24 | the application for retirement .
| ||||||
25 | For the purpose of Section 1-103.1, the change to this | ||||||
26 | Section made by this amendatory Act of the 99th General |
| |||||||
| |||||||
1 | Assembly is limited to annuities granted on or after the | ||||||
2 | effective date of this amendatory Act, without regard to | ||||||
3 | whether the member is in service on or after that effective | ||||||
4 | date. | ||||||
5 | To be eligible for a retirement annuity, a member shall not | ||||||
6 | be employed
as a teacher in the schools included under this | ||||||
7 | System or under Article 17,
except (i) as provided in Section | ||||||
8 | 16-118 or 16-150.1, (ii) if
the member is disabled (in which | ||||||
9 | event, eligibility for salary must cease),
or (iii) if the | ||||||
10 | System is required by federal law to commence
payment due to | ||||||
11 | the member's age; the changes to this sentence made by this
| ||||||
12 | amendatory Act of the 93rd General Assembly apply without
| ||||||
13 | regard to whether the member terminated employment before or | ||||||
14 | after its
effective date.
| ||||||
15 | (Source: P.A. 93-320, eff. 7-23-03.)
| ||||||
16 | (40 ILCS 5/16-155) (from Ch. 108 1/2, par. 16-155)
| ||||||
17 | Sec. 16-155. Report to system and payment of deductions.
| ||||||
18 | (a) The governing body of each school district shall make | ||||||
19 | two deposits each
month. The deposit for member contributions | ||||||
20 | for salary paid between the first
and the fifteenth of the | ||||||
21 | month is due by the 25th of the month. The deposit of
member | ||||||
22 | contributions for salary paid between the sixteenth and last | ||||||
23 | day of the
month is due by the 10th of the following month. All | ||||||
24 | required contributions
for salary earned during a school term | ||||||
25 | are due by July 10 next following the
close of such school |
| |||||||
| |||||||
1 | term.
| ||||||
2 | The governing body of each State institution coming
under | ||||||
3 | this retirement system, the State Comptroller or other State | ||||||
4 | officer
certifying payroll vouchers including payments of | ||||||
5 | salary or wages to
teachers, and any other employer of | ||||||
6 | teachers, shall, monthly, forward to
the secretary of the | ||||||
7 | retirement system the member contributions required
under this | ||||||
8 | Article.
| ||||||
9 | Each employer specified above shall, prior to August 15 of | ||||||
10 | each year,
forward to the System a detailed statement, verified | ||||||
11 | in all cases of school
districts by the secretary or clerk of | ||||||
12 | the district, of the amounts so
contributed since the period | ||||||
13 | covered by the last previous annual statement,
together with | ||||||
14 | required contributions not yet forwarded, such payments being
| ||||||
15 | payable to the System.
| ||||||
16 | The board may prescribe rules governing the form, content, | ||||||
17 | investigation,
control, and supervision of such statements and | ||||||
18 | may establish additional interim employer reporting | ||||||
19 | requirements as the Board deems necessary . If no teacher in
a | ||||||
20 | school district comes under the provisions of this Article, the
| ||||||
21 | governing body of the district shall so state under the oath of | ||||||
22 | its
secretary to this system, and shall at the same time | ||||||
23 | forward a copy of
the statement to the regional superintendent | ||||||
24 | of schools.
| ||||||
25 | (b) If the governing body of an employer that is not a | ||||||
26 | State agency fails to forward such
required contributions |
| |||||||
| |||||||
1 | within the time permitted in subsection (a) above,
the System | ||||||
2 | shall notify the employer of an additional amount
due, equal to
| ||||||
3 | the greater of the following: (1) an amount representing the | ||||||
4 | interest lost
by the system due to late forwarding of | ||||||
5 | contributions, calculated for the
number of days which the | ||||||
6 | employer is late in forwarding
contributions at a rate of | ||||||
7 | interest prescribed by the board, based on its
investment | ||||||
8 | experience; or (2) $50.
| ||||||
9 | (c) If the system, on August 15, is not in receipt of the | ||||||
10 | detailed
statements required under this Section of any school | ||||||
11 | district or other
employing unit, such school district or other | ||||||
12 | employing unit shall pay to
the system an amount equal to $250 | ||||||
13 | for each day that elapses from August
15, until the day such | ||||||
14 | statement is filed with the system.
| ||||||
15 | (Source: P.A. 90-448, eff. 8-16-97.)
| ||||||
16 | (40 ILCS 5/16-169.1)
| ||||||
17 | Sec. 16-169.1. Testimony and the production of records. The | ||||||
18 | secretary of
the Board shall have the power to issue subpoenas | ||||||
19 | to compel the attendance of
witnesses and the production of | ||||||
20 | documents and records, including law
enforcement records | ||||||
21 | maintained by law enforcement agencies, in conjunction with
the | ||||||
22 | determination of employer payments required under subsection | ||||||
23 | (f) of Section 16-158, a disability claim, an administrative | ||||||
24 | review proceeding, an attempt to obtain information to assist | ||||||
25 | in the collection of sums due to the System, or a felony |
| |||||||
| |||||||
1 | forfeiture
investigation. The
fees of witnesses for attendance | ||||||
2 | and travel shall be the same as the fees of
witnesses before | ||||||
3 | the circuit courts of this State and shall be paid by the
party | ||||||
4 | seeking the subpoena. The Board may apply to any circuit court | ||||||
5 | in the
State for an order requiring compliance with a subpoena | ||||||
6 | issued under this
Section. Subpoenas issued under this Section | ||||||
7 | shall be subject to applicable
provisions of the Code of Civil | ||||||
8 | Procedure.
| ||||||
9 | (Source: P.A. 94-1057, eff. 7-31-06.)
| ||||||
10 | (40 ILCS 5/16-181.4 new) | ||||||
11 | Sec. 16-181.4. To request information. To request such | ||||||
12 | information from any member, annuitant, beneficiary, or | ||||||
13 | employer as is necessary for the proper administration of the | ||||||
14 | System. | ||||||
15 | Section 97. Severability. The provisions of this Act are | ||||||
16 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.".
|