Rep. Robert Martwick

Filed: 5/30/2019

 

 


 

 


 
10100SB1300ham003LRB101 07899 RPS 61442 a

1
AMENDMENT TO SENATE BILL 1300

2    AMENDMENT NO. ______. Amend Senate Bill 1300 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing Sections 1-160, 4-109, 7-159, 14-103.05, 14-110,
614-147.5, 14-147.6, 14-152.1, 15-120, 15-135, 15-136,
715-185.5, 15-185.6, 15-198, 16-190.5, 16-190.6, 16-203,
817-105.1, 17-106, and 17-132 and by adding Sections 1-167,
93-111.5, and 17-134.2 as follows:
 
10    (40 ILCS 5/1-160)
11    Sec. 1-160. Provisions applicable to new hires.
12    (a) The provisions of this Section apply to a person who,
13on or after January 1, 2011, first becomes a member or a
14participant under any reciprocal retirement system or pension
15fund established under this Code, other than a retirement
16system or pension fund established under Article 2, 3, 4, 5, 6,

 

 

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115 or 18 of this Code, notwithstanding any other provision of
2this Code to the contrary, but do not apply to any self-managed
3plan established under this Code, to any person with respect to
4service as a sheriff's law enforcement employee under Article
57, or to any participant of the retirement plan established
6under Section 22-101. Notwithstanding anything to the contrary
7in this Section, for purposes of this Section, a person who
8participated in a retirement system under Article 15 prior to
9January 1, 2011 shall be deemed a person who first became a
10member or participant prior to January 1, 2011 under any
11retirement system or pension fund subject to this Section. The
12changes made to this Section by Public Act 98-596 are a
13clarification of existing law and are intended to be
14retroactive to January 1, 2011 (the effective date of Public
15Act 96-889), notwithstanding the provisions of Section 1-103.1
16of this Code.
17    This Section does not apply to a person who first becomes a
18noncovered employee under Article 14 on or after the
19implementation date of the plan created under Section 1-161 for
20that Article, unless that person elects under subsection (b) of
21Section 1-161 to instead receive the benefits provided under
22this Section and the applicable provisions of that Article.
23    This Section does not apply to a person who first becomes a
24member or participant under Article 16 on or after the
25implementation date of the plan created under Section 1-161 for
26that Article, unless that person elects under subsection (b) of

 

 

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1Section 1-161 to instead receive the benefits provided under
2this Section and the applicable provisions of that Article.
3    This Section does not apply to a person who elects under
4subsection (c-5) of Section 1-161 to receive the benefits under
5Section 1-161.
6    This Section does not apply to a person who first becomes a
7member or participant of an affected pension fund on or after 6
8months after the resolution or ordinance date, as defined in
9Section 1-162, unless that person elects under subsection (c)
10of Section 1-162 to receive the benefits provided under this
11Section and the applicable provisions of the Article under
12which he or she is a member or participant.
13    (b) "Final average salary" means the average monthly (or
14annual) salary obtained by dividing the total salary or
15earnings calculated under the Article applicable to the member
16or participant during the 96 consecutive months (or 8
17consecutive years) of service within the last 120 months (or 10
18years) of service in which the total salary or earnings
19calculated under the applicable Article was the highest by the
20number of months (or years) of service in that period. For the
21purposes of a person who first becomes a member or participant
22of any retirement system or pension fund to which this Section
23applies on or after January 1, 2011, in this Code, "final
24average salary" shall be substituted for the following:
25        (1) In Article 7 (except for service as sheriff's law
26    enforcement employees), "final rate of earnings".

 

 

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1        (2) In Articles 8, 9, 10, 11, and 12, "highest average
2    annual salary for any 4 consecutive years within the last
3    10 years of service immediately preceding the date of
4    withdrawal".
5        (3) In Article 13, "average final salary".
6        (4) In Article 14, "final average compensation".
7        (5) In Article 17, "average salary".
8        (6) In Section 22-207, "wages or salary received by him
9    at the date of retirement or discharge".
10    (b-5) Beginning on January 1, 2011, for all purposes under
11this Code (including without limitation the calculation of
12benefits and employee contributions), the annual earnings,
13salary, or wages (based on the plan year) of a member or
14participant to whom this Section applies shall not exceed
15$106,800; however, that amount shall annually thereafter be
16increased by the lesser of (i) 3% of that amount, including all
17previous adjustments, or (ii) one-half the annual unadjusted
18percentage increase (but not less than zero) in the consumer
19price index-u for the 12 months ending with the September
20preceding each November 1, including all previous adjustments.
21    For the purposes of this Section, "consumer price index-u"
22means the index published by the Bureau of Labor Statistics of
23the United States Department of Labor that measures the average
24change in prices of goods and services purchased by all urban
25consumers, United States city average, all items, 1982-84 =
26100. The new amount resulting from each annual adjustment shall

 

 

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1be determined by the Public Pension Division of the Department
2of Insurance and made available to the boards of the retirement
3systems and pension funds by November 1 of each year.
4    (c) A member or participant is entitled to a retirement
5annuity upon written application if he or she has attained age
667 (beginning January 1, 2015, age 65 with respect to service
7under Article 12 of this Code that is subject to this Section)
8and has at least 10 years of service credit and is otherwise
9eligible under the requirements of the applicable Article.
10    A member or participant who has attained age 62 (beginning
11January 1, 2015, age 60 with respect to service under Article
1212 of this Code that is subject to this Section) and has at
13least 10 years of service credit and is otherwise eligible
14under the requirements of the applicable Article may elect to
15receive the lower retirement annuity provided in subsection (d)
16of this Section.
17    (c-5) A person who first becomes a member or a participant
18subject to this Section on or after July 6, 2017 (the effective
19date of Public Act 100-23), notwithstanding any other provision
20of this Code to the contrary, is entitled to a retirement
21annuity under Article 8 or Article 11 upon written application
22if he or she has attained age 65 and has at least 10 years of
23service credit and is otherwise eligible under the requirements
24of Article 8 or Article 11 of this Code, whichever is
25applicable.
26    (d) The retirement annuity of a member or participant who

 

 

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1is retiring after attaining age 62 (beginning January 1, 2015,
2age 60 with respect to service under Article 12 of this Code
3that is subject to this Section) with at least 10 years of
4service credit shall be reduced by one-half of 1% for each full
5month that the member's age is under age 67 (beginning January
61, 2015, age 65 with respect to service under Article 12 of
7this Code that is subject to this Section).
8    (d-5) The retirement annuity payable under Article 8 or
9Article 11 to an eligible person subject to subsection (c-5) of
10this Section who is retiring at age 60 with at least 10 years
11of service credit shall be reduced by one-half of 1% for each
12full month that the member's age is under age 65.
13    (d-10) Each person who first became a member or participant
14under Article 8 or Article 11 of this Code on or after January
151, 2011 and prior to the effective date of this amendatory Act
16of the 100th General Assembly shall make an irrevocable
17election either:
18        (i) to be eligible for the reduced retirement age
19    provided in subsections (c-5) and (d-5) of this Section,
20    the eligibility for which is conditioned upon the member or
21    participant agreeing to the increases in employee
22    contributions for age and service annuities provided in
23    subsection (a-5) of Section 8-174 of this Code (for service
24    under Article 8) or subsection (a-5) of Section 11-170 of
25    this Code (for service under Article 11); or
26        (ii) to not agree to item (i) of this subsection

 

 

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1    (d-10), in which case the member or participant shall
2    continue to be subject to the retirement age provisions in
3    subsections (c) and (d) of this Section and the employee
4    contributions for age and service annuity as provided in
5    subsection (a) of Section 8-174 of this Code (for service
6    under Article 8) or subsection (a) of Section 11-170 of
7    this Code (for service under Article 11).
8    The election provided for in this subsection shall be made
9between October 1, 2017 and November 15, 2017. A person subject
10to this subsection who makes the required election shall remain
11bound by that election. A person subject to this subsection who
12fails for any reason to make the required election within the
13time specified in this subsection shall be deemed to have made
14the election under item (ii).
15    (e) Any retirement annuity or supplemental annuity shall be
16subject to annual increases on the January 1 occurring either
17on or after the attainment of age 67 (beginning January 1,
182015, age 65 with respect to service under Article 12 of this
19Code that is subject to this Section and beginning on the
20effective date of this amendatory Act of the 100th General
21Assembly, age 65 with respect to service under Article 8 or
22Article 11 for eligible persons who: (i) are subject to
23subsection (c-5) of this Section; or (ii) made the election
24under item (i) of subsection (d-10) of this Section) or the
25first anniversary of the annuity start date, whichever is
26later. Each annual increase shall be calculated at 3% or

 

 

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1one-half the annual unadjusted percentage increase (but not
2less than zero) in the consumer price index-u for the 12 months
3ending with the September preceding each November 1, whichever
4is less, of the originally granted retirement annuity. If the
5annual unadjusted percentage change in the consumer price
6index-u for the 12 months ending with the September preceding
7each November 1 is zero or there is a decrease, then the
8annuity shall not be increased.
9    For the purposes of Section 1-103.1 of this Code, the
10changes made to this Section by this amendatory Act of the
11100th General Assembly are applicable without regard to whether
12the employee was in active service on or after the effective
13date of this amendatory Act of the 100th General Assembly.
14    (f) The initial survivor's or widow's annuity of an
15otherwise eligible survivor or widow of a retired member or
16participant who first became a member or participant on or
17after January 1, 2011 shall be in the amount of 66 2/3% of the
18retired member's or participant's retirement annuity at the
19date of death. In the case of the death of a member or
20participant who has not retired and who first became a member
21or participant on or after January 1, 2011, eligibility for a
22survivor's or widow's annuity shall be determined by the
23applicable Article of this Code. The initial benefit shall be
2466 2/3% of the earned annuity without a reduction due to age. A
25child's annuity of an otherwise eligible child shall be in the
26amount prescribed under each Article if applicable. Any

 

 

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1survivor's or widow's annuity shall be increased (1) on each
2January 1 occurring on or after the commencement of the annuity
3if the deceased member died while receiving a retirement
4annuity or (2) in other cases, on each January 1 occurring
5after the first anniversary of the commencement of the annuity.
6Each annual increase shall be calculated at 3% or one-half the
7annual unadjusted percentage increase (but not less than zero)
8in the consumer price index-u for the 12 months ending with the
9September preceding each November 1, whichever is less, of the
10originally granted survivor's annuity. If the annual
11unadjusted percentage change in the consumer price index-u for
12the 12 months ending with the September preceding each November
131 is zero or there is a decrease, then the annuity shall not be
14increased.
15    (g) The benefits in Section 14-110 apply only if the person
16is a State policeman, a fire fighter in the fire protection
17service of a department, a conservation police officer, an
18investigator for the Secretary of State, an arson investigator,
19a Commerce Commission police officer, a security employee of
20the Department of Corrections or the Department of Juvenile
21Justice, or a security employee of the Department of Innovation
22and Technology, as those terms are defined in subsection (b)
23and subsection (c) of Section 14-110. A person who meets the
24requirements of this Section is entitled to an annuity
25calculated under the provisions of Section 14-110, in lieu of
26the regular or minimum retirement annuity, only if the person

 

 

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1has withdrawn from service with not less than 20 years of
2eligible creditable service and has attained age 60, regardless
3of whether the attainment of age 60 occurs while the person is
4still in service.
5    (h) If a person who first becomes a member or a participant
6of a retirement system or pension fund subject to this Section
7on or after January 1, 2011 is receiving a retirement annuity
8or retirement pension under that system or fund and becomes a
9member or participant under any other system or fund created by
10this Code and is employed on a full-time basis, except for
11those members or participants exempted from the provisions of
12this Section under subsection (a) of this Section, then the
13person's retirement annuity or retirement pension under that
14system or fund shall be suspended during that employment. Upon
15termination of that employment, the person's retirement
16annuity or retirement pension payments shall resume and be
17recalculated if recalculation is provided for under the
18applicable Article of this Code.
19    If a person who first becomes a member of a retirement
20system or pension fund subject to this Section on or after
21January 1, 2012 and is receiving a retirement annuity or
22retirement pension under that system or fund and accepts on a
23contractual basis a position to provide services to a
24governmental entity from which he or she has retired, then that
25person's annuity or retirement pension earned as an active
26employee of the employer shall be suspended during that

 

 

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1contractual service. A person receiving an annuity or
2retirement pension under this Code shall notify the pension
3fund or retirement system from which he or she is receiving an
4annuity or retirement pension, as well as his or her
5contractual employer, of his or her retirement status before
6accepting contractual employment. A person who fails to submit
7such notification shall be guilty of a Class A misdemeanor and
8required to pay a fine of $1,000. Upon termination of that
9contractual employment, the person's retirement annuity or
10retirement pension payments shall resume and, if appropriate,
11be recalculated under the applicable provisions of this Code.
12    (i) (Blank).
13    (j) In the case of a conflict between the provisions of
14this Section and any other provision of this Code, the
15provisions of this Section shall control.
16(Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17;
17100-563, eff. 12-8-17; 100-611, eff. 7-20-18; 100-1166, eff.
181-4-19.)
 
19    (40 ILCS 5/1-167 new)
20    Sec. 1-167. Accelerated pension benefit payment options
21report. On or before December 1, 2019, each board of trustees
22of a retirement system created under Article 14, 15, or 16
23shall create a report concerning accelerated pension benefit
24payment options and submit the report to the Governor and the
25General Assembly. Each retirement system shall survey its Tier

 

 

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11 members to determine whether such members have interest in
2existing accelerated pension benefit payment options or
3different accelerated pension benefit payment options. The
4report shall include data related to member participation in
5existing accelerated pension benefit payment options and shall
6include data related to the results of member surveys on
7accelerated pension benefit payment options. The report shall
8also include an examination of existing accelerated pension
9benefit payments offered in other states in the public sector.
 
10    (40 ILCS 5/3-111.5 new)
11    Sec. 3-111.5. Membership date; previous IMRF service with
12the same municipality. A police officer who previously
13participated in the Illinois Municipal Retirement Fund (IMRF)
14for service as a member of the police department of a
15municipality and was transferred to that municipality's police
16pension fund upon its creation under this Article shall, for
17the purposes of determining the applicable tier of benefits
18under this Article, be deemed to have become a police officer
19and member of that municipality's police pension fund on the
20date that he or she first participated in IMRF as a member of
21the police department of that municipality, notwithstanding
22whether that start date was before January 1, 2011.
 
23    (40 ILCS 5/4-109)  (from Ch. 108 1/2, par. 4-109)
24    Sec. 4-109. Pension.

 

 

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1    (a) A firefighter age 50 or more with 20 or more years of
2creditable service, who is no longer in service as a
3firefighter, shall receive a monthly pension of 1/2 the monthly
4salary attached to the rank held by him or her in the fire
5service at the date of retirement.
6    The monthly pension shall be increased by 1/12 of 2.5% of
7such monthly salary for each additional month over 20 years of
8service through 30 years of service, to a maximum of 75% of
9such monthly salary.
10    The changes made to this subsection (a) by this amendatory
11Act of the 91st General Assembly apply to all pensions that
12become payable under this subsection on or after January 1,
131999. All pensions payable under this subsection that began on
14or after January 1, 1999 and before the effective date of this
15amendatory Act shall be recalculated, and the amount of the
16increase accruing for that period shall be payable to the
17pensioner in a lump sum.
18    (b) A firefighter who retires or is separated from service
19having at least 10 but less than 20 years of creditable
20service, who is not entitled to receive a disability pension,
21and who did not apply for a refund of contributions at his or
22her last separation from service shall receive a monthly
23pension upon attainment of age 60 based on the monthly salary
24attached to his or her rank in the fire service on the date of
25retirement or separation from service according to the
26following schedule:

 

 

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1    For 10 years of service, 15% of salary;
2    For 11 years of service, 17.6% of salary;
3    For 12 years of service, 20.4% of salary;
4    For 13 years of service, 23.4% of salary;
5    For 14 years of service, 26.6% of salary;
6    For 15 years of service, 30% of salary;
7    For 16 years of service, 33.6% of salary;
8    For 17 years of service, 37.4% of salary;
9    For 18 years of service, 41.4% of salary;
10    For 19 years of service, 45.6% of salary.
11    (c) Notwithstanding any other provision of this Article,
12the provisions of this subsection (c) apply to a person who
13first becomes a firefighter under this Article on or after
14January 1, 2011.
15    A firefighter age 55 or more who has 10 or more years of
16service in that capacity shall be entitled at his option to
17receive a monthly pension for his service as a firefighter
18computed by multiplying 2.5% for each year of such service by
19his or her final average salary.
20    The pension of a firefighter who is retiring after
21attaining age 50 with 10 or more years of creditable service
22shall be reduced by one-half of 1% for each month that the
23firefighter's age is under age 55.
24    The maximum pension under this subsection (c) shall be 75%
25of final average salary.
26    For the purposes of this subsection (c), "final average

 

 

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1salary" means the average monthly salary obtained by dividing
2the total salary of the firefighter during the 96 consecutive
3months of service within the last 120 months of service in
4which the total salary was the highest by the number of months
5of service in that period.
6    Beginning on January 1, 2011, for all purposes under this
7Code (including without limitation the calculation of benefits
8and employee contributions), the annual salary based on the
9plan year of a member or participant to whom this Section
10applies shall not exceed $106,800; however, that amount shall
11annually thereafter be increased by the lesser of (i) 3% of
12that amount, including all previous adjustments, or (ii)
13one-half the annual unadjusted percentage increase (but not
14less than zero) in the consumer price index-u for the 12 months
15ending with the September preceding each November 1, including
16all previous adjustments.
17    (d) A firefighter who previously participated in the
18Illinois Municipal Retirement Fund (IMRF) for service as a
19member of the fire department of a municipality and was
20transferred to that municipality's firefighters' pension fund
21upon its creation under this Article shall, for the purposes of
22determining the applicable tier of benefits under this Article,
23be deemed to have become a firefighter and member of that
24municipality's firefighters' pension fund on the date that he
25or she first participated in IMRF as a member of the fire
26department of that municipality, notwithstanding whether that

 

 

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1start date was before January 1, 2011.
2(Source: P.A. 96-1495, eff. 1-1-11.)
 
3    (40 ILCS 5/7-159)  (from Ch. 108 1/2, par. 7-159)
4    Sec. 7-159. Surviving spouse annuity - refund of survivor
5credits.
6    (a) Any employee annuitant who (1) upon the date a
7retirement annuity begins is not then married, or (2) is
8married to a person who would not qualify for surviving spouse
9annuity if the person died on such date, is entitled to a
10refund of the survivor credits including interest accumulated
11on the date the annuity begins, excluding survivor credits and
12interest thereon credited during periods of disability, and no
13spouse shall have a right to any surviving spouse annuity from
14this Fund. If the employee annuitant reenters service and upon
15subsequent retirement has a spouse who would qualify for a
16surviving spouse annuity, the employee annuitant may pay the
17fund the amount of the refund plus interest at the effective
18rate at the date of payment. The payment shall qualify the
19spouse for a surviving spouse annuity and the amount paid shall
20be considered as survivor contributions.
21    (b) Instead of a refund under subsection (a), the retiring
22employee may elect to convert the amount of the refund into an
23annuity, payable separately from the retirement annuity. If the
24annuitant dies before the guaranteed amount has been
25distributed, the remainder shall be paid in a lump sum to the

 

 

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1designated beneficiary of the annuitant. The Board shall adopt
2any rules necessary for the implementation of this subsection.
3    (c) An annuitant who retired prior to June 1, 2011 and
4received a refund of survivor credits under subsection (a), and
5who thereafter became, and remains, either:
6        (1) a party to a civil union or a party to a legal
7    relationship that is recognized as a civil union or
8    marriage under the Illinois Religious Freedom Protection
9    and Civil Union Act on or after June 1, 2011; or
10        (2) a party to a marriage under the Illinois Marriage
11    and Dissolution of Marriage Act on or after February 26,
12    2014; or
13        (3) a party to a marriage, civil union or other legal
14    relationship that, at the time it was formed, was not
15    legally recognized in Illinois but was subsequently
16    recognized as a civil union or marriage under the Illinois
17    Religious Freedom Protection and Civil Union Act on or
18    after June 1, 2011, a marriage under the Illinois Marriage
19    and Dissolution of Marriage Act on or after February 26,
20    2014, or both;
21may, within a period of one year beginning 5 months after the
22effective date of this amendatory Act of the 99th General
23Assembly, make an election to re-establish rights to a
24surviving spouse annuity under Sections 7-154 through 7-158
25(notwithstanding the eligibility requirements of paragraph
26(a)(1) of Section 7-154), by paying to the Fund: (1) the total

 

 

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1amount of the refund received for survivor credits; and (2)
2interest thereon at the actuarially assumed rate of return from
3the date of the refund to the date of payment. Such election
4must be made prior to the date of death of the annuitant.
5    The Fund may allow the annuitant to repay this refund over
6a period of not more than 24 months. To the extent permitted by
7the Internal Revenue Code of 1986, as amended, for federal and
8State tax purposes, if a member pays in monthly installments by
9reducing the monthly benefit by the amount of the otherwise
10applicable contribution, the monthly amount by which the
11annuitant's benefit is reduced shall not be treated as a
12contribution by the annuitant but rather as a reduction of the
13annuitant's monthly benefit.
14    If an annuitant makes an election under this subsection (c)
15and the contributions required are not paid in full, an
16otherwise qualifying spouse shall be given the option to make
17an additional lump sum payment of the remaining contributions
18and qualify for a surviving spouse annuity. Otherwise, an
19additional refund representing contributions made hereunder
20shall be paid at the annuitant's death and there shall be no
21surviving spouse annuity paid.
22    (d) Any surviving spouse of an annuitant who (1) retired
23prior to June 1, 2011, (2) was not married on the date the
24retirement annuity began, (3) received a refund of survivor
25credits under subsection (a), and (4) died prior to the
26implementation of Public Act 99-682 on December 29, 2016 may,

 

 

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1within a period of one year beginning 5 months after the
2effective date of this amendatory Act of the 101st General
3Assembly, make an election to re-establish rights to a
4surviving spouse annuity under Sections 7-154 through 7-158
5(notwithstanding the eligibility requirements of paragraph (a)
6of subsection (1) of Section 7-154), by paying to the Fund: (i)
7the total amount of the refund received for survivor credits;
8and (ii) interest thereon at the actuarially assumed rate of
9return from the date of the refund to the date of payment. The
10surviving spouse must also provide documentation proving he or
11she was married to the annuitant or a party to a civil union
12with the annuitant at the time of death and has not
13subsequently remarried. This proof must include a marriage
14certificate or a certificate for a civil union and any other
15supporting documents deemed necessary by the Fund.
16(Source: P.A. 99-682, eff. 7-29-16.)
 
17    (40 ILCS 5/14-103.05)  (from Ch. 108 1/2, par. 14-103.05)
18    Sec. 14-103.05. Employee.
19    (a) Any person employed by a Department who receives salary
20for personal services rendered to the Department on a warrant
21issued pursuant to a payroll voucher certified by a Department
22and drawn by the State Comptroller upon the State Treasurer,
23including an elected official described in subparagraph (d) of
24Section 14-104, shall become an employee for purpose of
25membership in the Retirement System on the first day of such

 

 

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1employment.
2    A person entering service on or after January 1, 1972 and
3prior to January 1, 1984 shall become a member as a condition
4of employment and shall begin making contributions as of the
5first day of employment.
6    A person entering service on or after January 1, 1984
7shall, upon completion of 6 months of continuous service which
8is not interrupted by a break of more than 2 months, become a
9member as a condition of employment. Contributions shall begin
10the first of the month after completion of the qualifying
11period.
12    A person employed by the Chicago Metropolitan Agency for
13Planning on the effective date of this amendatory Act of the
1495th General Assembly who was a member of this System as an
15employee of the Chicago Area Transportation Study and makes an
16election under Section 14-104.13 to participate in this System
17for his or her employment with the Chicago Metropolitan Agency
18for Planning.
19    The qualifying period of 6 months of service is not
20applicable to: (1) a person who has been granted credit for
21service in a position covered by the State Universities
22Retirement System, the Teachers' Retirement System of the State
23of Illinois, the General Assembly Retirement System, or the
24Judges Retirement System of Illinois unless that service has
25been forfeited under the laws of those systems; (2) a person
26entering service on or after July 1, 1991 in a noncovered

 

 

10100SB1300ham003- 21 -LRB101 07899 RPS 61442 a

1position; (3) a person to whom Section 14-108.2a or 14-108.2b
2applies; or (4) a person to whom subsection (a-5) of this
3Section applies.
4    (a-5) A person entering service on or after December 1,
52010 shall become a member as a condition of employment and
6shall begin making contributions as of the first day of
7employment. A person serving in the qualifying period on
8December 1, 2010 will become a member on December 1, 2010 and
9shall begin making contributions as of December 1, 2010.
10    (b) The term "employee" does not include the following:
11        (1) members of the State Legislature, and persons
12    electing to become members of the General Assembly
13    Retirement System pursuant to Section 2-105;
14        (2) incumbents of offices normally filled by vote of
15    the people;
16        (3) except as otherwise provided in this Section, any
17    person appointed by the Governor with the advice and
18    consent of the Senate unless that person elects to
19    participate in this system;
20        (3.1) any person serving as a commissioner of an ethics
21    commission created under the State Officials and Employees
22    Ethics Act unless that person elects to participate in this
23    system with respect to that service as a commissioner;
24        (3.2) any person serving as a part-time employee in any
25    of the following positions: Legislative Inspector General,
26    Special Legislative Inspector General, employee of the

 

 

10100SB1300ham003- 22 -LRB101 07899 RPS 61442 a

1    Office of the Legislative Inspector General, Executive
2    Director of the Legislative Ethics Commission, or staff of
3    the Legislative Ethics Commission, regardless of whether
4    he or she is in active service on or after July 8, 2004
5    (the effective date of Public Act 93-685), unless that
6    person elects to participate in this System with respect to
7    that service; in this item (3.2), a "part-time employee" is
8    a person who is not required to work at least 35 hours per
9    week;
10        (3.3) any person who has made an election under Section
11    1-123 and who is serving either as legal counsel in the
12    Office of the Governor or as Chief Deputy Attorney General;
13        (4) except as provided in Section 14-108.2 or
14    14-108.2c, any person who is covered or eligible to be
15    covered by the Teachers' Retirement System of the State of
16    Illinois, the State Universities Retirement System, or the
17    Judges Retirement System of Illinois;
18        (5) an employee of a municipality or any other
19    political subdivision of the State;
20        (6) any person who becomes an employee after June 30,
21    1979 as a public service employment program participant
22    under the Federal Comprehensive Employment and Training
23    Act and whose wages or fringe benefits are paid in whole or
24    in part by funds provided under such Act;
25        (7) enrollees of the Illinois Young Adult Conservation
26    Corps program, administered by the Department of Natural

 

 

10100SB1300ham003- 23 -LRB101 07899 RPS 61442 a

1    Resources, authorized grantee pursuant to Title VIII of the
2    "Comprehensive Employment and Training Act of 1973", 29 USC
3    993, as now or hereafter amended;
4        (8) enrollees and temporary staff of programs
5    administered by the Department of Natural Resources under
6    the Youth Conservation Corps Act of 1970;
7        (9) any person who is a member of any professional
8    licensing or disciplinary board created under an Act
9    administered by the Department of Professional Regulation
10    or a successor agency or created or re-created after the
11    effective date of this amendatory Act of 1997, and who
12    receives per diem compensation rather than a salary,
13    notwithstanding that such per diem compensation is paid by
14    warrant issued pursuant to a payroll voucher; such persons
15    have never been included in the membership of this System,
16    and this amendatory Act of 1987 (P.A. 84-1472) is not
17    intended to effect any change in the status of such
18    persons;
19        (10) any person who is a member of the Illinois Health
20    Care Cost Containment Council, and receives per diem
21    compensation rather than a salary, notwithstanding that
22    such per diem compensation is paid by warrant issued
23    pursuant to a payroll voucher; such persons have never been
24    included in the membership of this System, and this
25    amendatory Act of 1987 is not intended to effect any change
26    in the status of such persons;

 

 

10100SB1300ham003- 24 -LRB101 07899 RPS 61442 a

1        (11) any person who is a member of the Oil and Gas
2    Board created by Section 1.2 of the Illinois Oil and Gas
3    Act, and receives per diem compensation rather than a
4    salary, notwithstanding that such per diem compensation is
5    paid by warrant issued pursuant to a payroll voucher;
6        (12) a person employed by the State Board of Higher
7    Education in a position with the Illinois Century Network
8    as of June 30, 2004, who remains continuously employed
9    after that date by the Department of Central Management
10    Services in a position with the Illinois Century Network
11    and participates in the Article 15 system with respect to
12    that employment;
13        (13) any person who first becomes a member of the Civil
14    Service Commission on or after January 1, 2012;
15        (14) any person, other than the Director of Employment
16    Security, who first becomes a member of the Board of Review
17    of the Department of Employment Security on or after
18    January 1, 2012;
19        (15) any person who first becomes a member of the Civil
20    Service Commission on or after January 1, 2012;
21        (16) any person who first becomes a member of the
22    Illinois Liquor Control Commission on or after January 1,
23    2012;
24        (17) any person who first becomes a member of the
25    Secretary of State Merit Commission on or after January 1,
26    2012;

 

 

10100SB1300ham003- 25 -LRB101 07899 RPS 61442 a

1        (18) any person who first becomes a member of the Human
2    Rights Commission on or after January 1, 2012 unless he or
3    she is eligible to participate in accordance with
4    subsection (d) of this Section;
5        (19) any person who first becomes a member of the State
6    Mining Board on or after January 1, 2012;
7        (20) any person who first becomes a member of the
8    Property Tax Appeal Board on or after January 1, 2012;
9        (21) any person who first becomes a member of the
10    Illinois Racing Board on or after January 1, 2012;
11        (22) any person who first becomes a member of the
12    Department of State Police Merit Board on or after January
13    1, 2012;
14        (23) any person who first becomes a member of the
15    Illinois State Toll Highway Authority on or after January
16    1, 2012; or
17        (24) any person who first becomes a member of the
18    Illinois State Board of Elections on or after January 1,
19    2012.
20    (c) An individual who represents or is employed as an
21officer or employee of a statewide labor organization that
22represents members of this System may participate in the System
23and shall be deemed an employee, provided that (1) the
24individual has previously earned creditable service under this
25Article, (2) the individual files with the System an
26irrevocable election to become a participant within 6 months

 

 

10100SB1300ham003- 26 -LRB101 07899 RPS 61442 a

1after the effective date of this amendatory Act of the 94th
2General Assembly, and (3) the individual does not receive
3credit for that employment under any other provisions of this
4Code. An employee under this subsection (c) is responsible for
5paying to the System both (i) employee contributions based on
6the actual compensation received for service with the labor
7organization and (ii) employer contributions based on the
8percentage of payroll certified by the board; all or any part
9of these contributions may be paid on the employee's behalf or
10picked up for tax purposes (if authorized under federal law) by
11the labor organization.
12    A person who is an employee as defined in this subsection
13(c) may establish service credit for similar employment prior
14to becoming an employee under this subsection by paying to the
15System for that employment the contributions specified in this
16subsection, plus interest at the effective rate from the date
17of service to the date of payment. However, credit shall not be
18granted under this subsection (c) for any such prior employment
19for which the applicant received credit under any other
20provision of this Code or during which the applicant was on a
21leave of absence.
22    (d) A person appointed as a member of the Human Rights
23Commission on or after June 1, 2019 may elect to participate in
24the System and shall be deemed an employee. Service and
25contributions shall begin on the first payroll period
26immediately following the employee's election to participate

 

 

10100SB1300ham003- 27 -LRB101 07899 RPS 61442 a

1in the System.
2    A person who is an employee as described in this subsection
3(d) may establish service credit for employment as a Human
4Rights Commissioner that occurred on or after June 1, 2019 and
5before establishing service under this subsection by paying to
6the System for that employment the contributions specified in
7paragraph (1) of subsection (a) of Section 14-133, plus regular
8interest from the date of service to the date of payment.
9(Source: P.A. 96-1490, eff. 1-1-11; 97-609, eff. 1-1-12.)
 
10    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
11    Sec. 14-110. Alternative retirement annuity.
12    (a) Any member who has withdrawn from service with not less
13than 20 years of eligible creditable service and has attained
14age 55, and any member who has withdrawn from service with not
15less than 25 years of eligible creditable service and has
16attained age 50, regardless of whether the attainment of either
17of the specified ages occurs while the member is still in
18service, shall be entitled to receive at the option of the
19member, in lieu of the regular or minimum retirement annuity, a
20retirement annuity computed as follows:
21        (i) for periods of service as a noncovered employee: if
22    retirement occurs on or after January 1, 2001, 3% of final
23    average compensation for each year of creditable service;
24    if retirement occurs before January 1, 2001, 2 1/4% of
25    final average compensation for each of the first 10 years

 

 

10100SB1300ham003- 28 -LRB101 07899 RPS 61442 a

1    of creditable service, 2 1/2% for each year above 10 years
2    to and including 20 years of creditable service, and 2 3/4%
3    for each year of creditable service above 20 years; and
4        (ii) for periods of eligible creditable service as a
5    covered employee: if retirement occurs on or after January
6    1, 2001, 2.5% of final average compensation for each year
7    of creditable service; if retirement occurs before January
8    1, 2001, 1.67% of final average compensation for each of
9    the first 10 years of such service, 1.90% for each of the
10    next 10 years of such service, 2.10% for each year of such
11    service in excess of 20 but not exceeding 30, and 2.30% for
12    each year in excess of 30.
13    Such annuity shall be subject to a maximum of 75% of final
14average compensation if retirement occurs before January 1,
152001 or to a maximum of 80% of final average compensation if
16retirement occurs on or after January 1, 2001.
17    These rates shall not be applicable to any service
18performed by a member as a covered employee which is not
19eligible creditable service. Service as a covered employee
20which is not eligible creditable service shall be subject to
21the rates and provisions of Section 14-108.
22    (b) For the purpose of this Section, "eligible creditable
23service" means creditable service resulting from service in one
24or more of the following positions:
25        (1) State policeman;
26        (2) fire fighter in the fire protection service of a

 

 

10100SB1300ham003- 29 -LRB101 07899 RPS 61442 a

1    department;
2        (3) air pilot;
3        (4) special agent;
4        (5) investigator for the Secretary of State;
5        (6) conservation police officer;
6        (7) investigator for the Department of Revenue or the
7    Illinois Gaming Board;
8        (8) security employee of the Department of Human
9    Services;
10        (9) Central Management Services security police
11    officer;
12        (10) security employee of the Department of
13    Corrections or the Department of Juvenile Justice;
14        (11) dangerous drugs investigator;
15        (12) investigator for the Department of State Police;
16        (13) investigator for the Office of the Attorney
17    General;
18        (14) controlled substance inspector;
19        (15) investigator for the Office of the State's
20    Attorneys Appellate Prosecutor;
21        (16) Commerce Commission police officer;
22        (17) arson investigator;
23        (18) State highway maintenance worker;
24        (19) security employee of the Department of Innovation
25    and Technology; or
26        (20) transferred employee.

 

 

10100SB1300ham003- 30 -LRB101 07899 RPS 61442 a

1    A person employed in one of the positions specified in this
2subsection is entitled to eligible creditable service for
3service credit earned under this Article while undergoing the
4basic police training course approved by the Illinois Law
5Enforcement Training Standards Board, if completion of that
6training is required of persons serving in that position. For
7the purposes of this Code, service during the required basic
8police training course shall be deemed performance of the
9duties of the specified position, even though the person is not
10a sworn peace officer at the time of the training.
11    A person under paragraph (20) is entitled to eligible
12creditable service for service credit earned under this Article
13on and after his or her transfer by Executive Order No.
142003-10, Executive Order No. 2004-2, or Executive Order No.
152016-1.
16    (c) For the purposes of this Section:
17        (1) The term "State policeman" includes any title or
18    position in the Department of State Police that is held by
19    an individual employed under the State Police Act.
20        (2) The term "fire fighter in the fire protection
21    service of a department" includes all officers in such fire
22    protection service including fire chiefs and assistant
23    fire chiefs.
24        (3) The term "air pilot" includes any employee whose
25    official job description on file in the Department of
26    Central Management Services, or in the department by which

 

 

10100SB1300ham003- 31 -LRB101 07899 RPS 61442 a

1    he is employed if that department is not covered by the
2    Personnel Code, states that his principal duty is the
3    operation of aircraft, and who possesses a pilot's license;
4    however, the change in this definition made by this
5    amendatory Act of 1983 shall not operate to exclude any
6    noncovered employee who was an "air pilot" for the purposes
7    of this Section on January 1, 1984.
8        (4) The term "special agent" means any person who by
9    reason of employment by the Division of Narcotic Control,
10    the Bureau of Investigation or, after July 1, 1977, the
11    Division of Criminal Investigation, the Division of
12    Internal Investigation, the Division of Operations, or any
13    other Division or organizational entity in the Department
14    of State Police is vested by law with duties to maintain
15    public order, investigate violations of the criminal law of
16    this State, enforce the laws of this State, make arrests
17    and recover property. The term "special agent" includes any
18    title or position in the Department of State Police that is
19    held by an individual employed under the State Police Act.
20        (5) The term "investigator for the Secretary of State"
21    means any person employed by the Office of the Secretary of
22    State and vested with such investigative duties as render
23    him ineligible for coverage under the Social Security Act
24    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
25    218(l)(1) of that Act.
26        A person who became employed as an investigator for the

 

 

10100SB1300ham003- 32 -LRB101 07899 RPS 61442 a

1    Secretary of State between January 1, 1967 and December 31,
2    1975, and who has served as such until attainment of age
3    60, either continuously or with a single break in service
4    of not more than 3 years duration, which break terminated
5    before January 1, 1976, shall be entitled to have his
6    retirement annuity calculated in accordance with
7    subsection (a), notwithstanding that he has less than 20
8    years of credit for such service.
9        (6) The term "Conservation Police Officer" means any
10    person employed by the Division of Law Enforcement of the
11    Department of Natural Resources and vested with such law
12    enforcement duties as render him ineligible for coverage
13    under the Social Security Act by reason of Sections
14    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
15    term "Conservation Police Officer" includes the positions
16    of Chief Conservation Police Administrator and Assistant
17    Conservation Police Administrator.
18        (7) The term "investigator for the Department of
19    Revenue" means any person employed by the Department of
20    Revenue and vested with such investigative duties as render
21    him ineligible for coverage under the Social Security Act
22    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
23    218(l)(1) of that Act.
24        The term "investigator for the Illinois Gaming Board"
25    means any person employed as such by the Illinois Gaming
26    Board and vested with such peace officer duties as render

 

 

10100SB1300ham003- 33 -LRB101 07899 RPS 61442 a

1    the person ineligible for coverage under the Social
2    Security Act by reason of Sections 218(d)(5)(A),
3    218(d)(8)(D), and 218(l)(1) of that Act.
4        (8) The term "security employee of the Department of
5    Human Services" means any person employed by the Department
6    of Human Services who (i) is employed at the Chester Mental
7    Health Center and has daily contact with the residents
8    thereof, (ii) is employed within a security unit at a
9    facility operated by the Department and has daily contact
10    with the residents of the security unit, (iii) is employed
11    at a facility operated by the Department that includes a
12    security unit and is regularly scheduled to work at least
13    50% of his or her working hours within that security unit,
14    or (iv) is a mental health police officer. "Mental health
15    police officer" means any person employed by the Department
16    of Human Services in a position pertaining to the
17    Department's mental health and developmental disabilities
18    functions who is vested with such law enforcement duties as
19    render the person ineligible for coverage under the Social
20    Security Act by reason of Sections 218(d)(5)(A),
21    218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
22    means that portion of a facility that is devoted to the
23    care, containment, and treatment of persons committed to
24    the Department of Human Services as sexually violent
25    persons, persons unfit to stand trial, or persons not
26    guilty by reason of insanity. With respect to past

 

 

10100SB1300ham003- 34 -LRB101 07899 RPS 61442 a

1    employment, references to the Department of Human Services
2    include its predecessor, the Department of Mental Health
3    and Developmental Disabilities.
4        The changes made to this subdivision (c)(8) by Public
5    Act 92-14 apply to persons who retire on or after January
6    1, 2001, notwithstanding Section 1-103.1.
7        (9) "Central Management Services security police
8    officer" means any person employed by the Department of
9    Central Management Services who is vested with such law
10    enforcement duties as render him ineligible for coverage
11    under the Social Security Act by reason of Sections
12    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
13        (10) For a member who first became an employee under
14    this Article before July 1, 2005, the term "security
15    employee of the Department of Corrections or the Department
16    of Juvenile Justice" means any employee of the Department
17    of Corrections or the Department of Juvenile Justice or the
18    former Department of Personnel, and any member or employee
19    of the Prisoner Review Board, who has daily contact with
20    inmates or youth by working within a correctional facility
21    or Juvenile facility operated by the Department of Juvenile
22    Justice or who is a parole officer or an employee who has
23    direct contact with committed persons in the performance of
24    his or her job duties. For a member who first becomes an
25    employee under this Article on or after July 1, 2005, the
26    term means an employee of the Department of Corrections or

 

 

10100SB1300ham003- 35 -LRB101 07899 RPS 61442 a

1    the Department of Juvenile Justice who is any of the
2    following: (i) officially headquartered at a correctional
3    facility or Juvenile facility operated by the Department of
4    Juvenile Justice, (ii) a parole officer, (iii) a member of
5    the apprehension unit, (iv) a member of the intelligence
6    unit, (v) a member of the sort team, or (vi) an
7    investigator.
8        (11) The term "dangerous drugs investigator" means any
9    person who is employed as such by the Department of Human
10    Services.
11        (12) The term "investigator for the Department of State
12    Police" means a person employed by the Department of State
13    Police who is vested under Section 4 of the Narcotic
14    Control Division Abolition Act with such law enforcement
15    powers as render him ineligible for coverage under the
16    Social Security Act by reason of Sections 218(d)(5)(A),
17    218(d)(8)(D) and 218(l)(1) of that Act.
18        (13) "Investigator for the Office of the Attorney
19    General" means any person who is employed as such by the
20    Office of the Attorney General and is vested with such
21    investigative duties as render him ineligible for coverage
22    under the Social Security Act by reason of Sections
23    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
24    the period before January 1, 1989, the term includes all
25    persons who were employed as investigators by the Office of
26    the Attorney General, without regard to social security

 

 

10100SB1300ham003- 36 -LRB101 07899 RPS 61442 a

1    status.
2        (14) "Controlled substance inspector" means any person
3    who is employed as such by the Department of Professional
4    Regulation and is vested with such law enforcement duties
5    as render him ineligible for coverage under the Social
6    Security Act by reason of Sections 218(d)(5)(A),
7    218(d)(8)(D) and 218(l)(1) of that Act. The term
8    "controlled substance inspector" includes the Program
9    Executive of Enforcement and the Assistant Program
10    Executive of Enforcement.
11        (15) The term "investigator for the Office of the
12    State's Attorneys Appellate Prosecutor" means a person
13    employed in that capacity on a full time basis under the
14    authority of Section 7.06 of the State's Attorneys
15    Appellate Prosecutor's Act.
16        (16) "Commerce Commission police officer" means any
17    person employed by the Illinois Commerce Commission who is
18    vested with such law enforcement duties as render him
19    ineligible for coverage under the Social Security Act by
20    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
21    218(l)(1) of that Act.
22        (17) "Arson investigator" means any person who is
23    employed as such by the Office of the State Fire Marshal
24    and is vested with such law enforcement duties as render
25    the person ineligible for coverage under the Social
26    Security Act by reason of Sections 218(d)(5)(A),

 

 

10100SB1300ham003- 37 -LRB101 07899 RPS 61442 a

1    218(d)(8)(D), and 218(l)(1) of that Act. A person who was
2    employed as an arson investigator on January 1, 1995 and is
3    no longer in service but not yet receiving a retirement
4    annuity may convert his or her creditable service for
5    employment as an arson investigator into eligible
6    creditable service by paying to the System the difference
7    between the employee contributions actually paid for that
8    service and the amounts that would have been contributed if
9    the applicant were contributing at the rate applicable to
10    persons with the same social security status earning
11    eligible creditable service on the date of application.
12        (18) The term "State highway maintenance worker" means
13    a person who is either of the following:
14            (i) A person employed on a full-time basis by the
15        Illinois Department of Transportation in the position
16        of highway maintainer, highway maintenance lead
17        worker, highway maintenance lead/lead worker, heavy
18        construction equipment operator, power shovel
19        operator, or bridge mechanic; and whose principal
20        responsibility is to perform, on the roadway, the
21        actual maintenance necessary to keep the highways that
22        form a part of the State highway system in serviceable
23        condition for vehicular traffic.
24            (ii) A person employed on a full-time basis by the
25        Illinois State Toll Highway Authority in the position
26        of equipment operator/laborer H-4, equipment

 

 

10100SB1300ham003- 38 -LRB101 07899 RPS 61442 a

1        operator/laborer H-6, welder H-4, welder H-6,
2        mechanical/electrical H-4, mechanical/electrical H-6,
3        water/sewer H-4, water/sewer H-6, sign maker/hanger
4        H-4, sign maker/hanger H-6, roadway lighting H-4,
5        roadway lighting H-6, structural H-4, structural H-6,
6        painter H-4, or painter H-6; and whose principal
7        responsibility is to perform, on the roadway, the
8        actual maintenance necessary to keep the Authority's
9        tollways in serviceable condition for vehicular
10        traffic.
11        (19) The term "security employee of the Department of
12    Innovation and Technology" means a person who was a
13    security employee of the Department of Corrections or the
14    Department of Juvenile Justice, was transferred to the
15    Department of Innovation and Technology pursuant to
16    Executive Order 2016-01, and continues to perform similar
17    job functions under that Department.
18        (20) "Transferred employee" means an employee who was
19    transferred to the Department of Central Management
20    Services by Executive Order No. 2003-10 or Executive Order
21    No. 2004-2 or transferred to the Department of Innovation
22    and Technology by Executive Order No. 2016-1, or both, and
23    was entitled to eligible creditable service for services
24    immediately preceding the transfer.
25    (d) A security employee of the Department of Corrections or
26the Department of Juvenile Justice, a security employee of the

 

 

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1Department of Human Services who is not a mental health police
2officer, and a security employee of the Department of
3Innovation and Technology shall not be eligible for the
4alternative retirement annuity provided by this Section unless
5he or she meets the following minimum age and service
6requirements at the time of retirement:
7        (i) 25 years of eligible creditable service and age 55;
8    or
9        (ii) beginning January 1, 1987, 25 years of eligible
10    creditable service and age 54, or 24 years of eligible
11    creditable service and age 55; or
12        (iii) beginning January 1, 1988, 25 years of eligible
13    creditable service and age 53, or 23 years of eligible
14    creditable service and age 55; or
15        (iv) beginning January 1, 1989, 25 years of eligible
16    creditable service and age 52, or 22 years of eligible
17    creditable service and age 55; or
18        (v) beginning January 1, 1990, 25 years of eligible
19    creditable service and age 51, or 21 years of eligible
20    creditable service and age 55; or
21        (vi) beginning January 1, 1991, 25 years of eligible
22    creditable service and age 50, or 20 years of eligible
23    creditable service and age 55.
24    Persons who have service credit under Article 16 of this
25Code for service as a security employee of the Department of
26Corrections or the Department of Juvenile Justice, or the

 

 

10100SB1300ham003- 40 -LRB101 07899 RPS 61442 a

1Department of Human Services in a position requiring
2certification as a teacher may count such service toward
3establishing their eligibility under the service requirements
4of this Section; but such service may be used only for
5establishing such eligibility, and not for the purpose of
6increasing or calculating any benefit.
7    (e) If a member enters military service while working in a
8position in which eligible creditable service may be earned,
9and returns to State service in the same or another such
10position, and fulfills in all other respects the conditions
11prescribed in this Article for credit for military service,
12such military service shall be credited as eligible creditable
13service for the purposes of the retirement annuity prescribed
14in this Section.
15    (f) For purposes of calculating retirement annuities under
16this Section, periods of service rendered after December 31,
171968 and before October 1, 1975 as a covered employee in the
18position of special agent, conservation police officer, mental
19health police officer, or investigator for the Secretary of
20State, shall be deemed to have been service as a noncovered
21employee, provided that the employee pays to the System prior
22to retirement an amount equal to (1) the difference between the
23employee contributions that would have been required for such
24service as a noncovered employee, and the amount of employee
25contributions actually paid, plus (2) if payment is made after
26July 31, 1987, regular interest on the amount specified in item

 

 

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1(1) from the date of service to the date of payment.
2    For purposes of calculating retirement annuities under
3this Section, periods of service rendered after December 31,
41968 and before January 1, 1982 as a covered employee in the
5position of investigator for the Department of Revenue shall be
6deemed to have been service as a noncovered employee, provided
7that the employee pays to the System prior to retirement an
8amount equal to (1) the difference between the employee
9contributions that would have been required for such service as
10a noncovered employee, and the amount of employee contributions
11actually paid, plus (2) if payment is made after January 1,
121990, regular interest on the amount specified in item (1) from
13the date of service to the date of payment.
14    (g) A State policeman may elect, not later than January 1,
151990, to establish eligible creditable service for up to 10
16years of his service as a policeman under Article 3, by filing
17a written election with the Board, accompanied by payment of an
18amount to be determined by the Board, equal to (i) the
19difference between the amount of employee and employer
20contributions transferred to the System under Section 3-110.5,
21and the amounts that would have been contributed had such
22contributions been made at the rates applicable to State
23policemen, plus (ii) interest thereon at the effective rate for
24each year, compounded annually, from the date of service to the
25date of payment.
26    Subject to the limitation in subsection (i), a State

 

 

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1policeman may elect, not later than July 1, 1993, to establish
2eligible creditable service for up to 10 years of his service
3as a member of the County Police Department under Article 9, by
4filing a written election with the Board, accompanied by
5payment of an amount to be determined by the Board, equal to
6(i) the difference between the amount of employee and employer
7contributions transferred to the System under Section 9-121.10
8and the amounts that would have been contributed had those
9contributions been made at the rates applicable to State
10policemen, plus (ii) interest thereon at the effective rate for
11each year, compounded annually, from the date of service to the
12date of payment.
13    (h) Subject to the limitation in subsection (i), a State
14policeman or investigator for the Secretary of State may elect
15to establish eligible creditable service for up to 12 years of
16his service as a policeman under Article 5, by filing a written
17election with the Board on or before January 31, 1992, and
18paying to the System by January 31, 1994 an amount to be
19determined by the Board, equal to (i) the difference between
20the amount of employee and employer contributions transferred
21to the System under Section 5-236, and the amounts that would
22have been contributed had such contributions been made at the
23rates applicable to State policemen, plus (ii) interest thereon
24at the effective rate for each year, compounded annually, from
25the date of service to the date of payment.
26    Subject to the limitation in subsection (i), a State

 

 

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1policeman, conservation police officer, or investigator for
2the Secretary of State may elect to establish eligible
3creditable service for up to 10 years of service as a sheriff's
4law enforcement employee under Article 7, by filing a written
5election with the Board on or before January 31, 1993, and
6paying to the System by January 31, 1994 an amount to be
7determined by the Board, equal to (i) the difference between
8the amount of employee and employer contributions transferred
9to the System under Section 7-139.7, and the amounts that would
10have been contributed had such contributions been made at the
11rates applicable to State policemen, plus (ii) interest thereon
12at the effective rate for each year, compounded annually, from
13the date of service to the date of payment.
14    Subject to the limitation in subsection (i), a State
15policeman, conservation police officer, or investigator for
16the Secretary of State may elect to establish eligible
17creditable service for up to 5 years of service as a police
18officer under Article 3, a policeman under Article 5, a
19sheriff's law enforcement employee under Article 7, a member of
20the county police department under Article 9, or a police
21officer under Article 15 by filing a written election with the
22Board and paying to the System an amount to be determined by
23the Board, equal to (i) the difference between the amount of
24employee and employer contributions transferred to the System
25under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
26and the amounts that would have been contributed had such

 

 

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1contributions been made at the rates applicable to State
2policemen, plus (ii) interest thereon at the effective rate for
3each year, compounded annually, from the date of service to the
4date of payment.
5    Subject to the limitation in subsection (i), an
6investigator for the Office of the Attorney General, or an
7investigator for the Department of Revenue, may elect to
8establish eligible creditable service for up to 5 years of
9service as a police officer under Article 3, a policeman under
10Article 5, a sheriff's law enforcement employee under Article
117, or a member of the county police department under Article 9
12by filing a written election with the Board within 6 months
13after August 25, 2009 (the effective date of Public Act 96-745)
14and paying to the System an amount to be determined by the
15Board, equal to (i) the difference between the amount of
16employee and employer contributions transferred to the System
17under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
18amounts that would have been contributed had such contributions
19been made at the rates applicable to State policemen, plus (ii)
20interest thereon at the actuarially assumed rate for each year,
21compounded annually, from the date of service to the date of
22payment.
23    Subject to the limitation in subsection (i), a State
24policeman, conservation police officer, investigator for the
25Office of the Attorney General, an investigator for the
26Department of Revenue, or investigator for the Secretary of

 

 

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1State may elect to establish eligible creditable service for up
2to 5 years of service as a person employed by a participating
3municipality to perform police duties, or law enforcement
4officer employed on a full-time basis by a forest preserve
5district under Article 7, a county corrections officer, or a
6court services officer under Article 9, by filing a written
7election with the Board within 6 months after August 25, 2009
8(the effective date of Public Act 96-745) and paying to the
9System an amount to be determined by the Board, equal to (i)
10the difference between the amount of employee and employer
11contributions transferred to the System under Sections 7-139.8
12and 9-121.10 and the amounts that would have been contributed
13had such contributions been made at the rates applicable to
14State policemen, plus (ii) interest thereon at the actuarially
15assumed rate for each year, compounded annually, from the date
16of service to the date of payment.
17    (i) The total amount of eligible creditable service
18established by any person under subsections (g), (h), (j), (k),
19and (l), and (l-5) of this Section shall not exceed 12 years.
20    (j) Subject to the limitation in subsection (i), an
21investigator for the Office of the State's Attorneys Appellate
22Prosecutor or a controlled substance inspector may elect to
23establish eligible creditable service for up to 10 years of his
24service as a policeman under Article 3 or a sheriff's law
25enforcement employee under Article 7, by filing a written
26election with the Board, accompanied by payment of an amount to

 

 

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1be determined by the Board, equal to (1) the difference between
2the amount of employee and employer contributions transferred
3to the System under Section 3-110.6 or 7-139.8, and the amounts
4that would have been contributed had such contributions been
5made at the rates applicable to State policemen, plus (2)
6interest thereon at the effective rate for each year,
7compounded annually, from the date of service to the date of
8payment.
9    (k) Subject to the limitation in subsection (i) of this
10Section, an alternative formula employee may elect to establish
11eligible creditable service for periods spent as a full-time
12law enforcement officer or full-time corrections officer
13employed by the federal government or by a state or local
14government located outside of Illinois, for which credit is not
15held in any other public employee pension fund or retirement
16system. To obtain this credit, the applicant must file a
17written application with the Board by March 31, 1998,
18accompanied by evidence of eligibility acceptable to the Board
19and payment of an amount to be determined by the Board, equal
20to (1) employee contributions for the credit being established,
21based upon the applicant's salary on the first day as an
22alternative formula employee after the employment for which
23credit is being established and the rates then applicable to
24alternative formula employees, plus (2) an amount determined by
25the Board to be the employer's normal cost of the benefits
26accrued for the credit being established, plus (3) regular

 

 

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1interest on the amounts in items (1) and (2) from the first day
2as an alternative formula employee after the employment for
3which credit is being established to the date of payment.
4    (l) Subject to the limitation in subsection (i), a security
5employee of the Department of Corrections may elect, not later
6than July 1, 1998, to establish eligible creditable service for
7up to 10 years of his or her service as a policeman under
8Article 3, by filing a written election with the Board,
9accompanied by payment of an amount to be determined by the
10Board, equal to (i) the difference between the amount of
11employee and employer contributions transferred to the System
12under Section 3-110.5, and the amounts that would have been
13contributed had such contributions been made at the rates
14applicable to security employees of the Department of
15Corrections, plus (ii) interest thereon at the effective rate
16for each year, compounded annually, from the date of service to
17the date of payment.
18    (l-5) Subject to the limitation in subsection (i) of this
19Section, a State policeman may elect to establish eligible
20creditable service for up to 5 years of service as a full-time
21law enforcement officer employed by the federal government or
22by a state or local government located outside of Illinois for
23which credit is not held in any other public employee pension
24fund or retirement system. To obtain this credit, the applicant
25must file a written application with the Board no later than 3
26years after the effective date of this amendatory Act of the

 

 

10100SB1300ham003- 48 -LRB101 07899 RPS 61442 a

1101st General Assembly, accompanied by evidence of eligibility
2acceptable to the Board and payment of an amount to be
3determined by the Board, equal to (1) employee contributions
4for the credit being established, based upon the applicant's
5salary on the first day as an alternative formula employee
6after the employment for which credit is being established and
7the rates then applicable to alternative formula employees,
8plus (2) an amount determined by the Board to be the employer's
9normal cost of the benefits accrued for the credit being
10established, plus (3) regular interest on the amounts in items
11(1) and (2) from the first day as an alternative formula
12employee after the employment for which credit is being
13established to the date of payment.
14    (m) The amendatory changes to this Section made by this
15amendatory Act of the 94th General Assembly apply only to: (1)
16security employees of the Department of Juvenile Justice
17employed by the Department of Corrections before the effective
18date of this amendatory Act of the 94th General Assembly and
19transferred to the Department of Juvenile Justice by this
20amendatory Act of the 94th General Assembly; and (2) persons
21employed by the Department of Juvenile Justice on or after the
22effective date of this amendatory Act of the 94th General
23Assembly who are required by subsection (b) of Section 3-2.5-15
24of the Unified Code of Corrections to have any bachelor's or
25advanced degree from an accredited college or university or, in
26the case of persons who provide vocational training, who are

 

 

10100SB1300ham003- 49 -LRB101 07899 RPS 61442 a

1required to have adequate knowledge in the skill for which they
2are providing the vocational training.
3    (n) A person employed in a position under subsection (b) of
4this Section who has purchased service credit under subsection
5(j) of Section 14-104 or subsection (b) of Section 14-105 in
6any other capacity under this Article may convert up to 5 years
7of that service credit into service credit covered under this
8Section by paying to the Fund an amount equal to (1) the
9additional employee contribution required under Section
1014-133, plus (2) the additional employer contribution required
11under Section 14-131, plus (3) interest on items (1) and (2) at
12the actuarially assumed rate from the date of the service to
13the date of payment.
14    (o) Subject to the limitation in subsection (i), a
15conservation police officer, investigator for the Secretary of
16State, Commerce Commission police officer, or arson
17investigator subject to subsection (g) of Section 1-160 may
18elect to convert up to 8 years of service credit established
19before the effective date of this amendatory Act of the 101st
20General Assembly as a conservation police officer,
21investigator for the Secretary of State, Commerce Commission
22police officer, or arson investigator under this Article into
23eligible creditable service by filing a written election with
24the Board no later than one year after the effective date of
25this amendatory Act of the 101st General Assembly, accompanied
26by payment of an amount to be determined by the Board equal to

 

 

10100SB1300ham003- 50 -LRB101 07899 RPS 61442 a

1(i) the difference between the amount of the employee
2contributions actually paid for that service and the amount of
3the employee contributions that would have been paid had the
4employee contributions been made as a noncovered employee
5serving in a position in which eligible creditable service, as
6defined in this Section, may be earned, plus (ii) interest
7thereon at the effective rate for each year, compounded
8annually, from the date of service to the date of payment.
9(Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18.)
 
10    (40 ILCS 5/14-147.5)
11    Sec. 14-147.5. Accelerated pension benefit payment in lieu
12of any pension benefit.
13    (a) As used in this Section:
14    "Eligible person" means a person who:
15        (1) has terminated service;
16        (2) has accrued sufficient service credit to be
17    eligible to receive a retirement annuity under this
18    Article;
19        (3) has not received any retirement annuity under this
20    Article; and
21        (4) has not made the election under Section 14-147.6.
22    "Pension benefit" means the benefits under this Article, or
23Article 1 as it relates to those benefits, including any
24anticipated annual increases, that an eligible person is
25entitled to upon attainment of the applicable retirement age.

 

 

10100SB1300ham003- 51 -LRB101 07899 RPS 61442 a

1"Pension benefit" also includes applicable survivor's or
2disability benefits.
3    (b) As soon as practical after the effective date of this
4amendatory Act of the 100th General Assembly, the System shall
5calculate, using actuarial tables and other assumptions
6adopted by the Board, the present value of pension benefits for
7each eligible person who requests that information and shall
8offer each eligible person the opportunity to irrevocably elect
9to receive an amount determined by the System to be equal to
1060% of the present value of his or her pension benefits in lieu
11of receiving any pension benefit. The offer shall specify the
12dollar amount that the eligible person will receive if he or
13she so elects and shall expire when a subsequent offer is made
14to an eligible person. An eligible person is limited to one
15calculation and offer per calendar year. The System shall make
16a good faith effort to contact every eligible person to notify
17him or her of the election.
18    Until June 30, 2024 2021, an eligible person may
19irrevocably elect to receive an accelerated pension benefit
20payment in the amount that the System offers under this
21subsection in lieu of receiving any pension benefit. A person
22who elects to receive an accelerated pension benefit payment
23under this Section may not elect to proceed under the
24Retirement Systems Reciprocal Act with respect to service under
25this Article.
26    (c) A person's creditable service under this Article shall

 

 

10100SB1300ham003- 52 -LRB101 07899 RPS 61442 a

1be terminated upon the person's receipt of an accelerated
2pension benefit payment under this Section, and no other
3benefit shall be paid under this Article based on the
4terminated creditable service, including any retirement,
5survivor, or other benefit; except that to the extent that
6participation, benefits, or premiums under the State Employees
7Group Insurance Act of 1971 are based on the amount of service
8credit, the terminated service credit shall be used for that
9purpose.
10    (d) If a person who has received an accelerated pension
11benefit payment under this Section returns to active service
12under this Article, then:
13        (1) Any benefits under the System earned as a result of
14    that return to active service shall be based solely on the
15    person's creditable service arising from the return to
16    active service.
17        (2) The accelerated pension benefit payment may not be
18    repaid to the System, and the terminated creditable service
19    may not under any circumstances be reinstated.
20    (e) As a condition of receiving an accelerated pension
21benefit payment, the accelerated pension benefit payment must
22be transferred into a tax qualified retirement plan or account.
23The accelerated pension benefit payment under this Section may
24be subject to withholding or payment of applicable taxes, but
25to the extent permitted by federal law, a person who receives
26an accelerated pension benefit payment under this Section must

 

 

10100SB1300ham003- 53 -LRB101 07899 RPS 61442 a

1direct the System to pay all of that payment as a rollover into
2another retirement plan or account qualified under the Internal
3Revenue Code of 1986, as amended.
4    (f) Upon receipt of a member's irrevocable election to
5receive an accelerated pension benefit payment under this
6Section, the System shall submit a voucher to the Comptroller
7for payment of the member's accelerated pension benefit
8payment. The Comptroller shall transfer the amount of the
9voucher from the State Pension Obligation Acceleration Bond
10Fund to the System, and the System shall transfer the amount
11into the member's eligible retirement plan or qualified
12account.
13    (g) The Board shall adopt any rules, including emergency
14rules, necessary to implement this Section.
15    (h) No provision of this Section shall be interpreted in a
16way that would cause the applicable System to cease to be a
17qualified plan under the Internal Revenue Code of 1986.
18(Source: P.A. 100-587, eff. 6-4-18.)
 
19    (40 ILCS 5/14-147.6)
20    Sec. 14-147.6. Accelerated pension benefit payment for a
21reduction in annual retirement annuity and survivor's annuity
22increases.
23    (a) As used in this Section:
24    "Accelerated pension benefit payment" means a lump sum
25payment equal to 70% of the difference of the present value of

 

 

10100SB1300ham003- 54 -LRB101 07899 RPS 61442 a

1the automatic annual increases to a Tier 1 member's retirement
2annuity and survivor's annuity using the formula applicable to
3the Tier 1 member and the present value of the automatic annual
4increases to the Tier 1 member's retirement annuity using the
5formula provided under subsection (b-5) and survivor's annuity
6using the formula provided under subsection (b-6).
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 14-147.5.
16    (b) As soon as practical after the effective date of this
17amendatory Act of the 100th General Assembly and until June 30,
182024 2021, the System shall implement an accelerated pension
19benefit payment option for eligible persons. Upon the request
20of an eligible person, the System shall calculate, using
21actuarial tables and other assumptions adopted by the Board, an
22accelerated pension benefit payment amount and shall offer that
23eligible person the opportunity to irrevocably elect to have
24his or her automatic annual increases in retirement annuity
25calculated in accordance with the formula provided under
26subsection (b-5) and any increases in survivor's annuity

 

 

10100SB1300ham003- 55 -LRB101 07899 RPS 61442 a

1payable to his or her survivor's annuity beneficiary calculated
2in accordance with the formula provided under subsection (b-6)
3in exchange for the accelerated pension benefit payment. The
4election under this subsection must be made before the eligible
5person receives the first payment of a retirement annuity
6otherwise payable under this Article.
7    (b-5) Notwithstanding any other provision of law, the
8retirement annuity of a person who made the election under
9subsection (b) shall be subject to annual increases on the
10January 1 occurring either on or after the attainment of age 67
11or the first anniversary of the annuity start date, whichever
12is later. Each annual increase shall be calculated at 1.5% of
13the originally granted retirement annuity.
14    (b-6) Notwithstanding any other provision of law, a
15survivor's annuity payable to a survivor's annuity beneficiary
16of a person who made the election under subsection (b) shall be
17subject to annual increases on the January 1 occurring on or
18after the first anniversary of the commencement of the annuity.
19Each annual increase shall be calculated at 1.5% of the
20originally granted survivor's annuity.
21    (c) If a person who has received an accelerated pension
22benefit payment returns to active service under this Article,
23then:
24        (1) the calculation of any future automatic annual
25    increase in retirement annuity shall be calculated in
26    accordance with the formula provided under subsection

 

 

10100SB1300ham003- 56 -LRB101 07899 RPS 61442 a

1    (b-5); and
2        (2) the accelerated pension benefit payment may not be
3    repaid to the System.
4    (d) As a condition of receiving an accelerated pension
5benefit payment, the accelerated pension benefit payment must
6be transferred into a tax qualified retirement plan or account.
7The accelerated pension benefit payment under this Section may
8be subject to withholding or payment of applicable taxes, but
9to the extent permitted by federal law, a person who receives
10an accelerated pension benefit payment under this Section must
11direct the System to pay all of that payment as a rollover into
12another retirement plan or account qualified under the Internal
13Revenue Code of 1986, as amended.
14    (d-5) Upon receipt of a member's irrevocable election to
15receive an accelerated pension benefit payment under this
16Section, the System shall submit a voucher to the Comptroller
17for payment of the member's accelerated pension benefit
18payment. The Comptroller shall transfer the amount of the
19voucher to the System, and the System shall transfer the amount
20into a member's eligible retirement plan or qualified account.
21    (e) The Board shall adopt any rules, including emergency
22rules, necessary to implement this Section.
23    (f) No provision of this Section shall be interpreted in a
24way that would cause the applicable System to cease to be a
25qualified plan under the Internal Revenue Code of 1986.
26(Source: P.A. 100-587, eff. 6-4-18.)
 

 

 

10100SB1300ham003- 57 -LRB101 07899 RPS 61442 a

1    (40 ILCS 5/14-152.1)
2    Sec. 14-152.1. Application and expiration of new benefit
3increases.
4    (a) As used in this Section, "new benefit increase" means
5an increase in the amount of any benefit provided under this
6Article, or an expansion of the conditions of eligibility for
7any benefit under this Article, that results from an amendment
8to this Code that takes effect after June 1, 2005 (the
9effective date of Public Act 94-4). "New benefit increase",
10however, does not include any benefit increase resulting from
11the changes made to Article 1 or this Article by Public Act
1296-37, Public Act 100-23, Public Act 100-587, Public Act
13100-611, or this amendatory Act of the 101st General Assembly
14or this amendatory Act of the 100th General Assembly.
15    (b) Notwithstanding any other provision of this Code or any
16subsequent amendment to this Code, every new benefit increase
17is subject to this Section and shall be deemed to be granted
18only in conformance with and contingent upon compliance with
19the provisions of this Section.
20    (c) The Public Act enacting a new benefit increase must
21identify and provide for payment to the System of additional
22funding at least sufficient to fund the resulting annual
23increase in cost to the System as it accrues.
24    Every new benefit increase is contingent upon the General
25Assembly providing the additional funding required under this

 

 

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1subsection. The Commission on Government Forecasting and
2Accountability shall analyze whether adequate additional
3funding has been provided for the new benefit increase and
4shall report its analysis to the Public Pension Division of the
5Department of Insurance. A new benefit increase created by a
6Public Act that does not include the additional funding
7required under this subsection is null and void. If the Public
8Pension Division determines that the additional funding
9provided for a new benefit increase under this subsection is or
10has become inadequate, it may so certify to the Governor and
11the State Comptroller and, in the absence of corrective action
12by the General Assembly, the new benefit increase shall expire
13at the end of the fiscal year in which the certification is
14made.
15    (d) Every new benefit increase shall expire 5 years after
16its effective date or on such earlier date as may be specified
17in the language enacting the new benefit increase or provided
18under subsection (c). This does not prevent the General
19Assembly from extending or re-creating a new benefit increase
20by law.
21    (e) Except as otherwise provided in the language creating
22the new benefit increase, a new benefit increase that expires
23under this Section continues to apply to persons who applied
24and qualified for the affected benefit while the new benefit
25increase was in effect and to the affected beneficiaries and
26alternate payees of such persons, but does not apply to any

 

 

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1other person, including without limitation a person who
2continues in service after the expiration date and did not
3apply and qualify for the affected benefit while the new
4benefit increase was in effect.
5(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
6100-611, eff. 7-20-18; revised 7-25-18.)
 
7    (40 ILCS 5/15-120)  (from Ch. 108 1/2, par. 15-120)
8    Sec. 15-120. Beneficiary; survivor annuitant under
9portable benefit package. "Beneficiary": The person or persons
10designated by the participant or annuitant in the last written
11designation on file with the board; or if no person so
12designated survives, or if no designation is on file, the
13estate of the participant or annuitant. Acceptance by the
14participant of a refund of accumulated contributions or an
15accelerated pension benefit payment under Section 15-185.5
16shall result in cancellation of all beneficiary designations
17previously filed. A spouse whose marriage was dissolved shall
18be disqualified as beneficiary unless the spouse was designated
19as beneficiary after the effective date of the dissolution of
20marriage.
21    After a joint and survivor annuity commences under the
22portable benefit package, the survivor annuitant of a joint and
23survivor annuity is not disqualified, and may not be removed,
24as the survivor annuitant by a dissolution of the survivor's
25marriage with the participant or annuitant.

 

 

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1(Source: P.A. 91-887, eff. 7-6-00.)
 
2    (40 ILCS 5/15-135)  (from Ch. 108 1/2, par. 15-135)
3    Sec. 15-135. Retirement annuities - Conditions.
4    (a) This subsection (a) applies only to a Tier 1 member. A
5participant who retires in one of the following specified years
6with the specified amount of service is entitled to a
7retirement annuity at any age under the retirement program
8applicable to the participant:
9        35 years if retirement is in 1997 or before;
10        34 years if retirement is in 1998;
11        33 years if retirement is in 1999;
12        32 years if retirement is in 2000;
13        31 years if retirement is in 2001;
14        30 years if retirement is in 2002 or later.
15    A participant with 8 or more years of service after
16September 1, 1941, is entitled to a retirement annuity on or
17after attainment of age 55.
18    A participant with at least 5 but less than 8 years of
19service after September 1, 1941, is entitled to a retirement
20annuity on or after attainment of age 62.
21    A participant who has at least 25 years of service in this
22system as a police officer or firefighter is entitled to a
23retirement annuity on or after the attainment of age 50, if
24Rule 4 of Section 15-136 is applicable to the participant.
25    (a-5) A Tier 2 member is entitled to a retirement annuity

 

 

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1upon written application if he or she has attained age 67 and
2has at least 10 years of service credit and is otherwise
3eligible under the requirements of this Article. A Tier 2
4member who has attained age 62 and has at least 10 years of
5service credit and is otherwise eligible under the requirements
6of this Article may elect to receive the lower retirement
7annuity provided in subsection (b-5) of Section 15-136 of this
8Article.
9    (a-10) A Tier 2 member who has at least 20 years of service
10in this system as a police officer or firefighter is entitled
11to a retirement annuity upon written application on or after
12the attainment of age 60, if Rule 4 of Section 15-136 is
13applicable to the participant. The changes made to this
14subsection by this amendatory Act of the 101st General Assembly
15apply retroactively to January 1, 2011.
16    (b) The annuity payment period shall begin on the date
17specified by the participant or the recipient of a disability
18retirement annuity submitting a written application. For a
19participant, the date on which the annuity payment period
20begins shall not be prior to termination of employment or more
21than one year before the application is received by the board;
22however, if the participant is not an employee of an employer
23participating in this System or in a participating system as
24defined in Article 20 of this Code on April 1 of the calendar
25year next following the calendar year in which the participant
26attains age 70 1/2, the annuity payment period shall begin on

 

 

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1that date regardless of whether an application has been filed.
2For a recipient of a disability retirement annuity, the date on
3which the annuity payment period begins shall not be prior to
4the discontinuation of the disability retirement annuity under
5Section 15-153.2.
6    (c) An annuity is not payable if the amount provided under
7Section 15-136 is less than $10 per month.
8(Source: P.A. 100-556, eff. 12-8-17.)
 
9    (40 ILCS 5/15-136)  (from Ch. 108 1/2, par. 15-136)
10    (Text of Section WITHOUT the changes made by P.A. 98-599,
11which has been held unconstitutional)
12    Sec. 15-136. Retirement annuities - Amount. The provisions
13of this Section 15-136 apply only to those participants who are
14participating in the traditional benefit package or the
15portable benefit package and do not apply to participants who
16are participating in the self-managed plan.
17    (a) The amount of a participant's retirement annuity,
18expressed in the form of a single-life annuity, shall be
19determined by whichever of the following rules is applicable
20and provides the largest annuity:
21    Rule 1: The retirement annuity shall be 1.67% of final rate
22of earnings for each of the first 10 years of service, 1.90%
23for each of the next 10 years of service, 2.10% for each year
24of service in excess of 20 but not exceeding 30, and 2.30% for
25each year in excess of 30; or for persons who retire on or

 

 

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1after January 1, 1998, 2.2% of the final rate of earnings for
2each year of service.
3    Rule 2: The retirement annuity shall be the sum of the
4following, determined from amounts credited to the participant
5in accordance with the actuarial tables and the effective rate
6of interest in effect at the time the retirement annuity
7begins:
8        (i) the normal annuity which can be provided on an
9    actuarially equivalent basis, by the accumulated normal
10    contributions as of the date the annuity begins;
11        (ii) an annuity from employer contributions of an
12    amount equal to that which can be provided on an
13    actuarially equivalent basis from the accumulated normal
14    contributions made by the participant under Section
15    15-113.6 and Section 15-113.7 plus 1.4 times all other
16    accumulated normal contributions made by the participant;
17    and
18        (iii) the annuity that can be provided on an
19    actuarially equivalent basis from the entire contribution
20    made by the participant under Section 15-113.3.
21    With respect to a police officer or firefighter who retires
22on or after August 14, 1998, the accumulated normal
23contributions taken into account under clauses (i) and (ii) of
24this Rule 2 shall include the additional normal contributions
25made by the police officer or firefighter under Section
2615-157(a).

 

 

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1    The amount of a retirement annuity calculated under this
2Rule 2 shall be computed solely on the basis of the
3participant's accumulated normal contributions, as specified
4in this Rule and defined in Section 15-116. Neither an employee
5or employer contribution for early retirement under Section
615-136.2 nor any other employer contribution shall be used in
7the calculation of the amount of a retirement annuity under
8this Rule 2.
9    This amendatory Act of the 91st General Assembly is a
10clarification of existing law and applies to every participant
11and annuitant without regard to whether status as an employee
12terminates before the effective date of this amendatory Act.
13    This Rule 2 does not apply to a person who first becomes an
14employee under this Article on or after July 1, 2005.
15    Rule 3: The retirement annuity of a participant who is
16employed at least one-half time during the period on which his
17or her final rate of earnings is based, shall be equal to the
18participant's years of service not to exceed 30, multiplied by
19(1) $96 if the participant's final rate of earnings is less
20than $3,500, (2) $108 if the final rate of earnings is at least
21$3,500 but less than $4,500, (3) $120 if the final rate of
22earnings is at least $4,500 but less than $5,500, (4) $132 if
23the final rate of earnings is at least $5,500 but less than
24$6,500, (5) $144 if the final rate of earnings is at least
25$6,500 but less than $7,500, (6) $156 if the final rate of
26earnings is at least $7,500 but less than $8,500, (7) $168 if

 

 

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1the final rate of earnings is at least $8,500 but less than
2$9,500, and (8) $180 if the final rate of earnings is $9,500 or
3more, except that the annuity for those persons having made an
4election under Section 15-154(a-1) shall be calculated and
5payable under the portable retirement benefit program pursuant
6to the provisions of Section 15-136.4.
7    Rule 4: A participant who is at least age 50 and has 25 or
8more years of service as a police officer or firefighter, and a
9participant who is age 55 or over and has at least 20 but less
10than 25 years of service as a police officer or firefighter,
11shall be entitled to a retirement annuity of 2 1/4% of the
12final rate of earnings for each of the first 10 years of
13service as a police officer or firefighter, 2 1/2% for each of
14the next 10 years of service as a police officer or
15firefighter, and 2 3/4% for each year of service as a police
16officer or firefighter in excess of 20. The retirement annuity
17for all other service shall be computed under Rule 1. A Tier 2
18member is eligible for a retirement annuity calculated under
19Rule 4 only if that Tier 2 member meets the service
20requirements for that benefit calculation as prescribed under
21this Rule 4 in addition to the applicable age requirement under
22subsection (a-10) (a-5) of Section 15-135.
23    For purposes of this Rule 4, a participant's service as a
24firefighter shall also include the following:
25        (i) service that is performed while the person is an
26    employee under subsection (h) of Section 15-107; and

 

 

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1        (ii) in the case of an individual who was a
2    participating employee employed in the fire department of
3    the University of Illinois's Champaign-Urbana campus
4    immediately prior to the elimination of that fire
5    department and who immediately after the elimination of
6    that fire department transferred to another job with the
7    University of Illinois, service performed as an employee of
8    the University of Illinois in a position other than police
9    officer or firefighter, from the date of that transfer
10    until the employee's next termination of service with the
11    University of Illinois.
12    (b) For a Tier 1 member, the retirement annuity provided
13under Rules 1 and 3 above shall be reduced by 1/2 of 1% for each
14month the participant is under age 60 at the time of
15retirement. However, this reduction shall not apply in the
16following cases:
17        (1) For a disabled participant whose disability
18    benefits have been discontinued because he or she has
19    exhausted eligibility for disability benefits under clause
20    (6) of Section 15-152;
21        (2) For a participant who has at least the number of
22    years of service required to retire at any age under
23    subsection (a) of Section 15-135; or
24        (3) For that portion of a retirement annuity which has
25    been provided on account of service of the participant
26    during periods when he or she performed the duties of a

 

 

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1    police officer or firefighter, if these duties were
2    performed for at least 5 years immediately preceding the
3    date the retirement annuity is to begin.
4    (b-5) The retirement annuity of a Tier 2 member who is
5retiring under Rule 1 or 3 after attaining age 62 with at least
610 years of service credit shall be reduced by 1/2 of 1% for
7each full month that the member's age is under age 67.
8    (c) The maximum retirement annuity provided under Rules 1,
92, 4, and 5 shall be the lesser of (1) the annual limit of
10benefits as specified in Section 415 of the Internal Revenue
11Code of 1986, as such Section may be amended from time to time
12and as such benefit limits shall be adjusted by the
13Commissioner of Internal Revenue, and (2) 80% of final rate of
14earnings.
15    (d) A Tier 1 member whose status as an employee terminates
16after August 14, 1969 shall receive automatic increases in his
17or her retirement annuity as follows:
18    Effective January 1 immediately following the date the
19retirement annuity begins, the annuitant shall receive an
20increase in his or her monthly retirement annuity of 0.125% of
21the monthly retirement annuity provided under Rule 1, Rule 2,
22Rule 3, or Rule 4 contained in this Section, multiplied by the
23number of full months which elapsed from the date the
24retirement annuity payments began to January 1, 1972, plus
250.1667% of such annuity, multiplied by the number of full
26months which elapsed from January 1, 1972, or the date the

 

 

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1retirement annuity payments began, whichever is later, to
2January 1, 1978, plus 0.25% of such annuity multiplied by the
3number of full months which elapsed from January 1, 1978, or
4the date the retirement annuity payments began, whichever is
5later, to the effective date of the increase.
6    The annuitant shall receive an increase in his or her
7monthly retirement annuity on each January 1 thereafter during
8the annuitant's life of 3% of the monthly annuity provided
9under Rule 1, Rule 2, Rule 3, or Rule 4 contained in this
10Section. The change made under this subsection by P.A. 81-970
11is effective January 1, 1980 and applies to each annuitant
12whose status as an employee terminates before or after that
13date.
14    Beginning January 1, 1990, all automatic annual increases
15payable under this Section shall be calculated as a percentage
16of the total annuity payable at the time of the increase,
17including all increases previously granted under this Article.
18    The change made in this subsection by P.A. 85-1008 is
19effective January 26, 1988, and is applicable without regard to
20whether status as an employee terminated before that date.
21    (d-5) A retirement annuity of a Tier 2 member shall receive
22annual increases on the January 1 occurring either on or after
23the attainment of age 67 or the first anniversary of the
24annuity start date, whichever is later. Each annual increase
25shall be calculated at 3% or one half the annual unadjusted
26percentage increase (but not less than zero) in the consumer

 

 

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1price index-u for the 12 months ending with the September
2preceding each November 1, whichever is less, of the originally
3granted retirement annuity. If the annual unadjusted
4percentage change in the consumer price index-u for the 12
5months ending with the September preceding each November 1 is
6zero or there is a decrease, then the annuity shall not be
7increased.
8    (e) If, on January 1, 1987, or the date the retirement
9annuity payment period begins, whichever is later, the sum of
10the retirement annuity provided under Rule 1 or Rule 2 of this
11Section and the automatic annual increases provided under the
12preceding subsection or Section 15-136.1, amounts to less than
13the retirement annuity which would be provided by Rule 3, the
14retirement annuity shall be increased as of January 1, 1987, or
15the date the retirement annuity payment period begins,
16whichever is later, to the amount which would be provided by
17Rule 3 of this Section. Such increased amount shall be
18considered as the retirement annuity in determining benefits
19provided under other Sections of this Article. This paragraph
20applies without regard to whether status as an employee
21terminated before the effective date of this amendatory Act of
221987, provided that the annuitant was employed at least
23one-half time during the period on which the final rate of
24earnings was based.
25    (f) A participant is entitled to such additional annuity as
26may be provided on an actuarially equivalent basis, by any

 

 

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1accumulated additional contributions to his or her credit.
2However, the additional contributions made by the participant
3toward the automatic increases in annuity provided under this
4Section shall not be taken into account in determining the
5amount of such additional annuity.
6    (g) If, (1) by law, a function of a governmental unit, as
7defined by Section 20-107 of this Code, is transferred in whole
8or in part to an employer, and (2) a participant transfers
9employment from such governmental unit to such employer within
106 months after the transfer of the function, and (3) the sum of
11(A) the annuity payable to the participant under Rule 1, 2, or
123 of this Section (B) all proportional annuities payable to the
13participant by all other retirement systems covered by Article
1420, and (C) the initial primary insurance amount to which the
15participant is entitled under the Social Security Act, is less
16than the retirement annuity which would have been payable if
17all of the participant's pension credits validated under
18Section 20-109 had been validated under this system, a
19supplemental annuity equal to the difference in such amounts
20shall be payable to the participant.
21    (h) On January 1, 1981, an annuitant who was receiving a
22retirement annuity on or before January 1, 1971 shall have his
23or her retirement annuity then being paid increased $1 per
24month for each year of creditable service. On January 1, 1982,
25an annuitant whose retirement annuity began on or before
26January 1, 1977, shall have his or her retirement annuity then

 

 

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1being paid increased $1 per month for each year of creditable
2service.
3    (i) On January 1, 1987, any annuitant whose retirement
4annuity began on or before January 1, 1977, shall have the
5monthly retirement annuity increased by an amount equal to 8¢
6per year of creditable service times the number of years that
7have elapsed since the annuity began.
8    (j) The changes made to this Section by this amendatory Act
9of the 101st General Assembly apply retroactively to January 1,
102011.
11(Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12;
1298-92, eff. 7-16-13.)
 
13    (40 ILCS 5/15-185.5)
14    Sec. 15-185.5. Accelerated pension benefit payment in lieu
15of any pension benefit.
16    (a) As used in this Section:
17    "Eligible person" means a person who:
18        (1) has terminated service;
19        (2) has accrued sufficient service credit to be
20    eligible to receive a retirement annuity under this
21    Article;
22        (3) has not received any retirement annuity under this
23    Article;
24        (4) has not made the election under Section 15-185.6;
25    and

 

 

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1        (5) is not a participant in the self-managed plan under
2    Section 15-158.2.
3    "Implementation date" means the earliest date upon which
4the Board authorizes eligible persons to begin irrevocably
5electing the accelerated pension benefit payment option under
6this Section. The Board shall endeavor to make such
7participation available as soon as possible after the effective
8date of this amendatory Act of the 100th General Assembly and
9shall establish an implementation date by Board resolution.
10    "Pension benefit" means the benefits under this Article, or
11Article 1 as it relates to those benefits, including any
12anticipated annual increases, that an eligible person is
13entitled to upon attainment of the applicable retirement age.
14"Pension benefit" also includes applicable survivors benefits,
15disability benefits, or disability retirement annuity
16benefits.
17    (b) Beginning on the implementation date, the System shall
18offer each eligible person the opportunity to irrevocably elect
19to receive an amount determined by the System to be equal to
2060% of the present value of his or her pension benefits in lieu
21of receiving any pension benefit. The System shall calculate,
22using actuarial tables and other assumptions adopted by the
23Board, the present value of pension benefits for each eligible
24person upon his or her request in writing to the System. The
25System shall not perform more than one calculation per eligible
26member in a State fiscal year. The offer shall specify the

 

 

10100SB1300ham003- 73 -LRB101 07899 RPS 61442 a

1dollar amount that the eligible person will receive if he or
2she so elects and shall expire when a subsequent offer is made
3to an eligible person. The System shall make a good faith
4effort to contact every eligible person to notify him or her of
5the election.
6    Beginning on the implementation date and until June 30,
72024 2021, an eligible person may irrevocably elect to receive
8an accelerated pension benefit payment in the amount that the
9System offers under this subsection in lieu of receiving any
10pension benefit. A person who elects to receive an accelerated
11pension benefit payment under this Section may not elect to
12proceed under the Retirement Systems Reciprocal Act with
13respect to service under this Article.
14    (c) Upon payment of an accelerated pension benefit payment
15under this Section, the person forfeits all accrued rights and
16credits in the System and no other benefit shall be paid under
17this Article based on those forfeited rights and credits,
18including any retirement, survivor, or other benefit; except
19that to the extent that participation, benefits, or premiums
20under the State Employees Group Insurance Act of 1971 are based
21on the amount of service credit, the terminated service credit
22shall be used for that purpose.
23    (d) If a person who has received an accelerated pension
24benefit payment under this Section returns to participation
25under this Article, any benefits under the System earned as a
26result of that return to participation shall be based solely on

 

 

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1the person's credits and creditable service arising from the
2return to participation. Upon return to participation, the
3person shall be considered a new employee subject to all the
4qualifying conditions for participation and eligibility for
5benefits applicable to new employees.
6    (d-5) The accelerated pension benefit payment may not be
7repaid to the System, and the forfeited rights and credits may
8not under any circumstances be reinstated.
9    (e) As a condition of receiving an accelerated pension
10benefit payment, the accelerated pension benefit payment must
11be deposited into a tax qualified retirement plan or account
12identified by the eligible person at the time of the election.
13The accelerated pension benefit payment under this Section may
14be subject to withholding or payment of applicable taxes, but
15to the extent permitted by federal law, a person who receives
16an accelerated pension benefit payment under this Section must
17direct the System to pay all of that payment as a rollover into
18another retirement plan or account qualified under the Internal
19Revenue Code of 1986, as amended.
20    (f) The System shall submit vouchers to the State
21Comptroller for the payment of accelerated pension benefit
22payments under this Section. The State Comptroller shall pay
23the amounts of the vouchers from the State Pension Obligation
24Acceleration Bond Fund to the System, and the System shall
25deposit the amounts into the applicable tax qualified plans or
26accounts.

 

 

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1    (g) The Board shall adopt any rules, including emergency
2rules, necessary to implement this Section.
3    (h) No provision of this Section shall be interpreted in a
4way that would cause the System to cease to be a qualified plan
5under the Internal Revenue Code of 1986.
6(Source: P.A. 100-587, eff. 6-4-18.)
 
7    (40 ILCS 5/15-185.6)
8    Sec. 15-185.6. Accelerated pension benefit payment for a
9reduction in an annual increase to a retirement annuity and an
10annuity benefit payable as a result of death.
11    (a) As used in this Section:
12    "Accelerated pension benefit payment" means a lump sum
13payment equal to 70% of the difference of: (i) the present
14value of the automatic annual increases to a Tier 1 member's
15retirement annuity, including any increases to any annuity
16benefit payable as a result of his or her death, using the
17formula applicable to the Tier 1 member; and (ii) the present
18value of the automatic annual increases to the Tier 1 member's
19retirement annuity, including any increases to any annuity
20benefit payable as a result of his or her death, using the
21formula provided under subsection (b-5).
22    "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;

 

 

10100SB1300ham003- 76 -LRB101 07899 RPS 61442 a

1        (3) meets the age and service requirements for
2    receiving a retirement annuity under this Article;
3        (4) has not received any retirement annuity under this
4    Article;
5        (5) has not made the election under Section 15-185.5;
6    and
7        (6) is not a participant in the self-managed plan under
8    Section 15-158.2.
9    "Implementation date" means the earliest date upon which
10the Board authorizes eligible persons to begin irrevocably
11electing the accelerated pension benefit payment option under
12this Section. The Board shall endeavor to make such
13participation available as soon as possible after the effective
14date of this amendatory Act of the 100th General Assembly and
15shall establish an implementation date by Board resolution.
16    (b) Beginning on the implementation date and until June 30,
172024 2021, the System shall implement an accelerated pension
18benefit payment option for eligible persons. The System shall
19calculate, using actuarial tables and other assumptions
20adopted by the Board, an accelerated pension benefit payment
21amount for an eligible person upon his or her request in
22writing to the System and shall offer that eligible person the
23opportunity to irrevocably elect to have his or her automatic
24annual increases in retirement annuity and any annuity benefit
25payable as a result of his or her death calculated in
26accordance with the formula provided in subsection (b-5) in

 

 

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1exchange for the accelerated pension benefit payment. The
2System shall not perform more than one calculation under this
3Section per eligible person in a State fiscal year. The
4election under this subsection must be made before any
5retirement annuity is paid to the eligible person, and the
6eligible survivor, spouse, or contingent annuitant, as
7applicable, must consent to the election under this subsection.
8    (b-5) Notwithstanding any other provision of law, the
9retirement annuity of a person who made the election under
10subsection (b) shall be increased annually beginning on the
11January 1 occurring either on or after the attainment of age 67
12or the first anniversary of the annuity start date, whichever
13is later, and any annuity benefit payable as a result of his or
14her death shall be increased annually beginning on: (1) the
15January 1 occurring on or after the commencement of the annuity
16if the deceased Tier 1 member died while receiving a retirement
17annuity; or (2) the January 1 occurring after the first
18anniversary of the commencement of the benefit. Each annual
19increase shall be calculated at 1.5% of the originally granted
20retirement annuity or annuity benefit payable as a result of
21the Tier 1 member's death.
22    (c) If an annuitant who has received an accelerated pension
23benefit payment returns to participation under this Article,
24the calculation of any future automatic annual increase in
25retirement annuity under subsection (c) of Section 15-139 shall
26be calculated in accordance with the formula provided in

 

 

10100SB1300ham003- 78 -LRB101 07899 RPS 61442 a

1subsection (b-5).
2    (c-5) The accelerated pension benefit payment may not be
3repaid to the System.
4    (d) As a condition of receiving an accelerated pension
5benefit payment, the accelerated pension benefit payment must
6be deposited into a tax qualified retirement plan or account
7identified by the eligible person at the time of election. The
8accelerated pension benefit payment under this Section may be
9subject to withholding or payment of applicable taxes, but to
10the extent permitted by federal law, a person who receives an
11accelerated pension benefit payment under this Section must
12direct the System to pay all of that payment as a rollover into
13another retirement plan or account qualified under the Internal
14Revenue Code of 1986, as amended.
15    (d-5) The System shall submit vouchers to the State
16Comptroller for the payment of accelerated pension benefit
17payments under this Section. The State Comptroller shall pay
18the amounts of the vouchers from the State Pension Obligation
19Acceleration Bond Fund to the System, and the System shall
20deposit the amounts into the applicable tax qualified plans or
21accounts.
22    (e) The Board shall adopt any rules, including emergency
23rules, necessary to implement this Section.
24    (f) No provision of this Section shall be interpreted in a
25way that would cause the System to cease to be a qualified plan
26under the Internal Revenue Code of 1986.

 

 

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1(Source: P.A. 100-587, eff. 6-4-18.)
 
2    (40 ILCS 5/15-198)
3    Sec. 15-198. Application and expiration of new benefit
4increases.
5    (a) As used in this Section, "new benefit increase" means
6an increase in the amount of any benefit provided under this
7Article, or an expansion of the conditions of eligibility for
8any benefit under this Article, that results from an amendment
9to this Code that takes effect after the effective date of this
10amendatory Act of the 94th General Assembly. "New benefit
11increase", however, does not include any benefit increase
12resulting from the changes made to Article 1 or this Article by
13Public Act 100-23, Public Act 100-587, Public Act 100-769, or
14this amendatory Act of the 101st General Assembly or this
15amendatory Act of the 100th General Assembly.
16    (b) Notwithstanding any other provision of this Code or any
17subsequent amendment to this Code, every new benefit increase
18is subject to this Section and shall be deemed to be granted
19only in conformance with and contingent upon compliance with
20the provisions of this Section.
21    (c) The Public Act enacting a new benefit increase must
22identify and provide for payment to the System of additional
23funding at least sufficient to fund the resulting annual
24increase in cost to the System as it accrues.
25    Every new benefit increase is contingent upon the General

 

 

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1Assembly providing the additional funding required under this
2subsection. The Commission on Government Forecasting and
3Accountability shall analyze whether adequate additional
4funding has been provided for the new benefit increase and
5shall report its analysis to the Public Pension Division of the
6Department of Insurance. A new benefit increase created by a
7Public Act that does not include the additional funding
8required under this subsection is null and void. If the Public
9Pension Division determines that the additional funding
10provided for a new benefit increase under this subsection is or
11has become inadequate, it may so certify to the Governor and
12the State Comptroller and, in the absence of corrective action
13by the General Assembly, the new benefit increase shall expire
14at the end of the fiscal year in which the certification is
15made.
16    (d) Every new benefit increase shall expire 5 years after
17its effective date or on such earlier date as may be specified
18in the language enacting the new benefit increase or provided
19under subsection (c). This does not prevent the General
20Assembly from extending or re-creating a new benefit increase
21by law.
22    (e) Except as otherwise provided in the language creating
23the new benefit increase, a new benefit increase that expires
24under this Section continues to apply to persons who applied
25and qualified for the affected benefit while the new benefit
26increase was in effect and to the affected beneficiaries and

 

 

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1alternate payees of such persons, but does not apply to any
2other person, including without limitation a person who
3continues in service after the expiration date and did not
4apply and qualify for the affected benefit while the new
5benefit increase was in effect.
6(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
7100-769, eff. 8-10-18; revised 9-26-18.)
 
8    (40 ILCS 5/16-190.5)
9    Sec. 16-190.5. Accelerated pension benefit payment in lieu
10of any pension benefit.
11    (a) As used in this Section:
12    "Eligible person" means a person who:
13        (1) has terminated service;
14        (2) has accrued sufficient service credit to be
15    eligible to receive a retirement annuity under this
16    Article;
17        (3) has not received any retirement annuity under this
18    Article; and
19        (4) has not made the election under Section 16-190.6.
20    "Pension benefit" means the benefits under this Article, or
21Article 1 as it relates to those benefits, including any
22anticipated annual increases, that an eligible person is
23entitled to upon attainment of the applicable retirement age.
24"Pension benefit" also includes applicable survivor's or
25disability benefits.

 

 

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1    (b) As soon as practical after June 4, 2018 (the effective
2date of Public Act 100-587) this amendatory Act of the 100the
3General Assembly, the System shall calculate, using actuarial
4tables and other assumptions adopted by the Board, the present
5value of pension benefits for each eligible person who requests
6that information and shall offer each eligible person the
7opportunity to irrevocably elect to receive an amount
8determined by the System to be equal to 60% of the present
9value of his or her pension benefits in lieu of receiving any
10pension benefit. The offer shall specify the dollar amount that
11the eligible person will receive if he or she so elects and
12shall expire when a subsequent offer is made to an eligible
13person. The System shall make a good faith effort to contact
14every eligible person to notify him or her of the election.
15    Until June 30, 2024 2021, an eligible person may
16irrevocably elect to receive an accelerated pension benefit
17payment in the amount that the System offers under this
18subsection in lieu of receiving any pension benefit. A person
19who elects to receive an accelerated pension benefit payment
20under this Section may not elect to proceed under the
21Retirement Systems Reciprocal Act with respect to service under
22this Article.
23    (c) A person's creditable service under this Article shall
24be terminated upon the person's receipt of an accelerated
25pension benefit payment under this Section, and no other
26benefit shall be paid under this Article based on the

 

 

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1terminated creditable service, including any retirement,
2survivor, or other benefit; except that to the extent that
3participation, benefits, or premiums under the State Employees
4Group Insurance Act of 1971 are based on the amount of service
5credit, the terminated service credit shall be used for that
6purpose.
7    (d) If a person who has received an accelerated pension
8benefit payment under this Section returns to active service
9under this Article, then:
10        (1) Any benefits under the System earned as a result of
11    that return to active service shall be based solely on the
12    person's creditable service arising from the return to
13    active service.
14        (2) The accelerated pension benefit payment may not be
15    repaid to the System, and the terminated creditable service
16    may not under any circumstances be reinstated.
17    (e) As a condition of receiving an accelerated pension
18benefit payment, the accelerated pension benefit payment must
19be transferred into a tax qualified retirement plan or account.
20The accelerated pension benefit payment under this Section may
21be subject to withholding or payment of applicable taxes, but
22to the extent permitted by federal law, a person who receives
23an accelerated pension benefit payment under this Section must
24direct the System to pay all of that payment as a rollover into
25another retirement plan or account qualified under the Internal
26Revenue Code of 1986, as amended.

 

 

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1    (f) Upon receipt of a member's irrevocable election to
2receive an accelerated pension benefit payment under this
3Section, the System shall submit a voucher to the Comptroller
4for payment of the member's accelerated pension benefit
5payment. The Comptroller shall transfer the amount of the
6voucher from the State Pension Obligation Acceleration Bond
7Fund to the System, and the System shall transfer the amount
8into the member's eligible retirement plan or qualified
9account.
10    (g) The Board shall adopt any rules, including emergency
11rules, necessary to implement this Section.
12    (h) No provision of this amendatory Act of the 100th
13General Assembly shall be interpreted in a way that would cause
14the applicable System to cease to be a qualified plan under the
15Internal Revenue Code of 1986.
16(Source: P.A. 100-587, eff. 6-4-18.)
 
17    (40 ILCS 5/16-190.6)
18    Sec. 16-190.6. Accelerated pension benefit payment for a
19reduction in annual retirement annuity and survivor's annuity
20increases.
21    (a) As used in this Section:
22    "Accelerated pension benefit payment" means a lump sum
23payment equal to 70% of the difference of the present value of
24the automatic annual increases to a Tier 1 member's retirement
25annuity and survivor's annuity using the formula applicable to

 

 

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1the Tier 1 member and the present value of the automatic annual
2increases to the Tier 1 member's retirement annuity using the
3formula provided under subsection (b-5) and the survivor's
4annuity using the formula provided under subsection (b-6).
5    "Eligible person" means a person who:
6        (1) is a Tier 1 member;
7        (2) has submitted an application for a retirement
8    annuity under this Article;
9        (3) meets the age and service requirements for
10    receiving a retirement annuity under this Article;
11        (4) has not received any retirement annuity under this
12    Article; and
13        (5) has not made the election under Section 16-190.5.
14    (b) As soon as practical after the effective date of this
15amendatory Act of the 100th General Assembly and until June 30,
162024 2021, the System shall implement an accelerated pension
17benefit payment option for eligible persons. Upon the request
18of an eligible person, the System shall calculate, using
19actuarial tables and other assumptions adopted by the Board, an
20accelerated pension benefit payment amount and shall offer that
21eligible person the opportunity to irrevocably elect to have
22his or her automatic annual increases in retirement annuity
23calculated in accordance with the formula provided under
24subsection (b-5) and any increases in survivor's annuity
25payable to his or her survivor's annuity beneficiary calculated
26in accordance with the formula provided under subsection (b-6)

 

 

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

 

 

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1    repaid to the System.
2    (d) As a condition of receiving an accelerated pension
3benefit payment, the accelerated pension benefit payment must
4be transferred into a tax qualified retirement plan or account.
5The accelerated pension benefit payment under this Section may
6be subject to withholding or payment of applicable taxes, but
7to the extent permitted by federal law, a person who receives
8an accelerated pension benefit payment under this Section must
9direct the System to pay all of that payment as a rollover into
10another retirement plan or account qualified under the Internal
11Revenue Code of 1986, as amended.
12    (d-5) Upon receipt of a member's irrevocable election to
13receive an accelerated pension benefit payment under this
14Section, the System shall submit a voucher to the Comptroller
15for payment of the member's accelerated pension benefit
16payment. The Comptroller shall transfer the amount of the
17voucher from the State Pension Obligation Acceleration Bond
18Fund to the System, and the System shall transfer the amount
19into the member's eligible retirement plan or qualified
20account.
21    (e) The Board shall adopt any rules, including emergency
22rules, necessary to implement this Section.
23    (f) No provision of this Section shall be interpreted in a
24way that would cause the applicable System to cease to be a
25qualified plan under the Internal Revenue Code of 1986.
26(Source: P.A. 100-587, eff. 6-4-18.)
 

 

 

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1    (40 ILCS 5/16-203)
2    Sec. 16-203. Application and expiration of new benefit
3increases.
4    (a) As used in this Section, "new benefit increase" means
5an increase in the amount of any benefit provided under this
6Article, or an expansion of the conditions of eligibility for
7any benefit under this Article, that results from an amendment
8to this Code that takes effect after June 1, 2005 (the
9effective date of Public Act 94-4). "New benefit increase",
10however, does not include any benefit increase resulting from
11the changes made to Article 1 or this Article by Public Act
1295-910, Public Act 100-23, Public Act 100-587, Public Act
13100-743, Public Act 100-769, or this amendatory Act of the
14101st General Assembly or by this amendatory Act of the 100th
15General Assembly.
16    (b) Notwithstanding any other provision of this Code or any
17subsequent amendment to this Code, every new benefit increase
18is subject to this Section and shall be deemed to be granted
19only in conformance with and contingent upon compliance with
20the provisions of this Section.
21    (c) The Public Act enacting a new benefit increase must
22identify and provide for payment to the System of additional
23funding at least sufficient to fund the resulting annual
24increase in cost to the System as it accrues.
25    Every new benefit increase is contingent upon the General

 

 

10100SB1300ham003- 89 -LRB101 07899 RPS 61442 a

1Assembly providing the additional funding required under this
2subsection. The Commission on Government Forecasting and
3Accountability shall analyze whether adequate additional
4funding has been provided for the new benefit increase and
5shall report its analysis to the Public Pension Division of the
6Department of Insurance. A new benefit increase created by a
7Public Act that does not include the additional funding
8required under this subsection is null and void. If the Public
9Pension Division determines that the additional funding
10provided for a new benefit increase under this subsection is or
11has become inadequate, it may so certify to the Governor and
12the State Comptroller and, in the absence of corrective action
13by the General Assembly, the new benefit increase shall expire
14at the end of the fiscal year in which the certification is
15made.
16    (d) Every new benefit increase shall expire 5 years after
17its effective date or on such earlier date as may be specified
18in the language enacting the new benefit increase or provided
19under subsection (c). This does not prevent the General
20Assembly from extending or re-creating a new benefit increase
21by law.
22    (e) Except as otherwise provided in the language creating
23the new benefit increase, a new benefit increase that expires
24under this Section continues to apply to persons who applied
25and qualified for the affected benefit while the new benefit
26increase was in effect and to the affected beneficiaries and

 

 

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1alternate payees of such persons, but does not apply to any
2other person, including without limitation a person who
3continues in service after the expiration date and did not
4apply and qualify for the affected benefit while the new
5benefit increase was in effect.
6(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
7100-743, eff. 8-10-18; 100-769, eff. 8-10-18; revised
810-15-18.)
 
9    (40 ILCS 5/17-105.1)
10    Sec. 17-105.1. Employer. "Employer": The Board of
11Education, and a charter school as defined under the provisions
12of Section 27A-5 of the School Code, and a contract school
13operating pursuant to an agreement with the Board of Education.
14(Source: P.A. 90-566, eff. 1-2-98.)
 
15    (40 ILCS 5/17-106)  (from Ch. 108 1/2, par. 17-106)
16    Sec. 17-106. Contributor, member or teacher.
17"Contributor", "member" or "teacher": All members of the
18teaching force of the city, including principals, assistant
19principals, the general superintendent of schools, deputy
20superintendents of schools, associate superintendents of
21schools, assistant and district superintendents of schools,
22members of the Board of Examiners, all other persons whose
23employment requires a teaching certificate issued under the
24laws governing the certification of teachers, any educational

 

 

10100SB1300ham003- 91 -LRB101 07899 RPS 61442 a

1staff employed in a contract school operating pursuant to an
2agreement with the Board of Education who is employed in a
3position requiring certification or licensure under the School
4Code (excluding all managerial, supervisory, and confidential
5employees) and is required to or elects to participate pursuant
6to Section 17-134.2, any educational, administrative,
7professional, or other staff employed in a charter school
8operating in compliance with the Charter Schools Law who is
9certified under the law governing the certification of
10teachers, and employees of the Board, but excluding persons
11contributing concurrently to any other public employee pension
12system in Illinois for the same employment or receiving
13retirement pensions under another Article of this Code for that
14same employment, persons employed on an hourly basis (provided
15that an Employer may not reclassify a non-hourly employee as an
16hourly employee for the purpose of evading or avoiding its
17obligations under this Article), and persons receiving
18pensions from the Fund who are employed temporarily by an
19Employer and not on an annual basis.
20    All teachers or staff regardless of their position shall
21presumptively be participants in the Fund, unless the Employer
22establishes to the satisfaction of the Board that an individual
23certified teacher or staff member is not working as a teacher
24or administrator directly or indirectly with the Charter
25School. Any certified teacher or staff employed by a corporate
26or non-profit entity engaged in the administration of a charter

 

 

10100SB1300ham003- 92 -LRB101 07899 RPS 61442 a

1school shall presumptively be a participant in the Fund, unless
2the organization establishes to the satisfaction of the Board
3that an individual certified teacher or staff member is not
4working as a teacher or administrator directly or indirectly
5with the Charter School.
6    In the case of a person who has been making contributions
7and otherwise participating in this Fund prior to the effective
8date of this amendatory Act of the 91st General Assembly, and
9whose right to participate in the Fund is established or
10confirmed by this amendatory Act, such prior participation in
11the Fund, including all contributions previously made and
12service credits previously earned by the person, are hereby
13validated.
14    The changes made to this Section and Section 17-149 by this
15amendatory Act of the 92nd General Assembly apply without
16regard to whether the person was in service on or after the
17effective date of this amendatory Act, notwithstanding
18Sections 1-103.1 and 17-157.
19(Source: P.A. 98-427, eff. 8-16-13.)
 
20    (40 ILCS 5/17-132)  (from Ch. 108 1/2, par. 17-132)
21    Sec. 17-132. Payments and certification of salary
22deductions.
23    (a) An Employer shall cause the Fund to receive all
24members' payroll records and pension contributions within 30
25calendar days after each predesignated payday. For purposes of

 

 

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1this Section, the predesignated payday shall be determined in
2accordance with each Employer's payroll schedule for
3contributions to the Fund.
4    (b) An Employer that fails to timely certify and submit
5payroll records to the Fund is subject to a statutory penalty
6in the amount of $100 per day for each day that a required
7certification and submission is late.
8    Amounts not received by the 30th calendar day after the
9predesignated payday shall be deemed delinquent and subject to
10a penalty consisting of interest, which shall accrue on a
11monthly basis at the Fund's then effective actuarial rate of
12return, and liquidated damages in the amount of $100 per day,
13not to exceed 20% of the principal contributions due, which
14shall be mandatory except for good cause shown and in the
15discretion of the Board.
16    An Employer in possession of member contributions deducted
17from payroll checks is holding Fund assets, and thus becomes a
18fiduciary over those assets.
19    (c) The payroll records shall report (1) all pensionable
20salary earned in that pay period, exclusive of salaries for
21overtime, special services, or any employment on an optional
22basis, such as in summer school; (2) adjustments to pensionable
23salary, exclusive of salaries for overtime, special services,
24or any employment on an optional basis, such as in summer
25school, made in a pay period for any prior pay periods; (3)
26pension contributions attributable to pensionable salary

 

 

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1earned in the reported pay period or the adjusted pay period as
2required by subsection (b) of Section 17-131; and (4) any
3salary paid by an Employer if that salary is compensation for
4validated service and is exclusive of salary for overtime,
5special services, or any employment on an optional basis, such
6as in summer school. Payroll records required by item (4) of
7this paragraph shall identify the number of days of service
8rendered by the member and whether each day of service
9represents a partial or whole day of service.
10    (d) The appropriate officers of the Employer shall certify
11and submit the payroll records no later than 30 calendar days
12after each predesignated payday. The certification shall
13constitute a confirmation of the accuracy of such deductions
14according to the provisions of this Article.
15    Each Charter School and contract school shall designate an
16administrator as a "Pension Officer". The Pension Officer shall
17be responsible for certifying all payroll information,
18including contributions due and certified sick days payable
19pursuant to Section 17-134, and assuring resolution of reported
20payroll and contribution deficiencies.
21    (e) The Board has the authority to conduct payroll audits
22of a charter school or contract school to determine the
23existence of any delinquencies in contributions to the Fund,
24and such charter school or contract school shall be required to
25provide such books and records and contribution information as
26the Board or its authorized representative may require. The

 

 

10100SB1300ham003- 95 -LRB101 07899 RPS 61442 a

1Board is also authorized to collect delinquent contributions
2from charter schools and contract schools and develop
3procedures for the collection of such delinquencies.
4Collection procedures may include legal proceedings in the
5courts of the State of Illinois. Expenses, including reasonable
6attorneys' fees, incurred in the collection of delinquent
7contributions may be assessed by the Board against the charter
8school or contract school.
9(Source: P.A. 98-427, eff. 8-16-13; 99-176, eff. 7-29-15.)
 
10    (40 ILCS 5/17-134.2 new)
11    Sec. 17-134.2. Employee of a contract school. Any
12educational staff of a contract school operating pursuant to an
13agreement with the Board of Education who is employed in a
14position requiring certification or licensure under the School
15Code on or after the effective date of this amendatory Act of
16the 101st General Assembly (excluding all managerial,
17supervisory, and confidential employees) shall participate as
18a member, unless the person began employment with the contract
19school before the effective date of this amendatory Act of the
20101st General Assembly.
21    Any educational staff employed in a contract school
22operating pursuant to an agreement with the Board of Education
23who began employment in a position requiring certification or
24licensure under the School Code before the effective date of
25this amendatory Act of the 101st General Assembly (excluding

 

 

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1all managerial, supervisory, and confidential employees) may
2irrevocably elect, in a manner prescribed by the Board, to
3participate as a member for service accrued after the effective
4date of the election with the contract school or with another
5contract school. In no event shall a person accrue service for
6employment with a contract school that occurred before the
7effective date of the election to participate as a member.
 
8    Section 10. The Illinois Vehicle Code is amended by
9changing Section 2-115 as follows:
 
10    (625 ILCS 5/2-115)  (from Ch. 95 1/2, par. 2-115)
11    Sec. 2-115. Investigators.
12    (a) The Secretary of State, for the purpose of more
13effectively carrying out the provisions of the laws in relation
14to motor vehicles, shall have power to appoint such number of
15investigators as he may deem necessary. It shall be the duty of
16such investigators to investigate and enforce violations of the
17provisions of this Act administered by the Secretary of State
18and provisions of Chapters 11, 12, 13, 14, and 15 and to
19investigate and report any violation by any person who operates
20as a motor carrier of property as defined in Section 18-100 of
21this Act and does not hold a valid certificate or permit. Such
22investigators shall have and may exercise throughout the State
23all of the powers of peace officers.
24    No person may be retained in service as an investigator

 

 

10100SB1300ham003- 97 -LRB101 07899 RPS 61442 a

1under this Section after he or she has reached 60 years of age,
2except for a person employed in the title of Capitol Police
3Investigator and who began employment on or after January 1,
42011, in which case, that person may not be retained in service
5after that person has reached 65 years of age.
6    The Secretary of State must authorize to each investigator
7employed under this Section and to any other employee of the
8Office of the Secretary of State exercising the powers of a
9peace officer a distinct badge that, on its face, (i) clearly
10states that the badge is authorized by the Office of the
11Secretary of State and (ii) contains a unique identifying
12number. No other badge shall be authorized by the Office of the
13Secretary of State.
14    (b) The Secretary may expend such sums as he deems
15necessary from Contractual Services appropriations for the
16Department of Police for the purchase of evidence, for the
17employment of persons to obtain evidence, and for the payment
18for any goods or services related to obtaining evidence. Such
19sums shall be advanced to investigators authorized by the
20Secretary to expend funds, on vouchers signed by the Secretary.
21In addition, the Secretary of State is authorized to maintain
22one or more commercial checking accounts with any State banking
23corporation or corporations organized under or subject to the
24Illinois Banking Act for the deposit and withdrawal of moneys
25to be used solely for the purchase of evidence and for the
26employment of persons to obtain evidence, or for the payment

 

 

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1for any goods or services related to obtaining evidence;
2provided that no check may be written on nor any withdrawal
3made from any such account except on the written signatures of
42 persons designated by the Secretary to write such checks and
5make such withdrawals, and provided further that the balance of
6moneys on deposit in any such account shall not exceed $5,000
7at any time, nor shall any one check written on or single
8withdrawal made from any such account exceed $5,000.
9    All fines or moneys collected or received by the Department
10of Police under any State or federal forfeiture statute;
11including, but not limited to moneys forfeited under Section 12
12of the Cannabis Control Act, moneys forfeited under Section 85
13of the Methamphetamine Control and Community Protection Act,
14and moneys distributed under Section 413 of the Illinois
15Controlled Substances Act, shall be deposited into the
16Secretary of State Evidence Fund.
17    In all convictions for offenses in violation of this Act,
18the Court may order restitution to the Secretary of any or all
19sums expended for the purchase of evidence, for the employment
20of persons to obtain evidence, and for the payment for any
21goods or services related to obtaining evidence. All such
22restitution received by the Secretary shall be deposited into
23the Secretary of State Evidence Fund. Moneys deposited into the
24fund shall, subject to appropriation, be used by the Secretary
25of State for the purposes provided for under the provisions of
26this Section.

 

 

10100SB1300ham003- 99 -LRB101 07899 RPS 61442 a

1(Source: P.A. 99-896, eff. 1-1-17; 100-201, eff. 8-18-17.)
 
2    Section 90. The State Mandates Act is amended by adding
3Section 8.43 as follows:
 
4    (30 ILCS 805/8.43 new)
5    Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
6of this Act, no reimbursement by the State is required for the
7implementation of any mandate created by this amendatory Act of
8the 101st General Assembly.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".