Rep. Elaine Nekritz
Filed: 3/13/2013
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1 | AMENDMENT TO HOUSE BILL 1166
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2 | AMENDMENT NO. ______. Amend House Bill 1166, AS AMENDED, by | ||||||
3 | inserting in proper numerical sequence among the Sections of | ||||||
4 | the Bill the following:
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5 | "Section 6. The Illinois Pension Code is amended by | ||||||
6 | changing Sections 2-119, 14-107, 14-108, 14-110, 15-135, | ||||||
7 | 15-136, 16-132, and 16-133 and by adding Sections 2-105.1, | ||||||
8 | 14-103.40, 15-107.1, and 16-106.4 as follows: | ||||||
9 | (40 ILCS 5/2-105.1 new) | ||||||
10 | Sec. 2-105.1. Tier I participant. "Tier I participant": A | ||||||
11 | participant who first became a participant before January 1, | ||||||
12 | 2011.
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13 | (40 ILCS 5/2-119) (from Ch. 108 1/2, par. 2-119)
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14 | Sec. 2-119. Retirement annuity - conditions for | ||||||
15 | eligibility. |
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1 | (a)
A participant whose service as a
member is terminated, | ||||||
2 | regardless of age or cause, is entitled to a retirement
annuity | ||||||
3 | beginning on the date specified by the participant in
a written | ||||||
4 | application subject to the following conditions:
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5 | 1. The date the annuity begins does not precede
the | ||||||
6 | date of final
termination of service, or is not more than | ||||||
7 | 30 days before the receipt
of the application
by the board | ||||||
8 | in the case of annuities based on disability or one year | ||||||
9 | before
the receipt of the application in the case of | ||||||
10 | annuities
based on attained age;
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11 | 2. The participant meets one of the following | ||||||
12 | eligibility requirements: | ||||||
13 | For a participant who first becomes a participant of | ||||||
14 | this System before January 1, 2011 (the effective date of | ||||||
15 | Public Act 96-889):
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16 | (A) He or she has attained age 55 and has at least | ||||||
17 | 8 years of service credit;
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18 | (B) He or she has attained age 62 and terminated | ||||||
19 | service after July 1,
1971 with at least 4 years of | ||||||
20 | service credit; or
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21 | (C) He or she has completed 8 years of service and | ||||||
22 | has become
permanently disabled and as a consequence, | ||||||
23 | is unable to perform the duties
of his or her office.
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24 | For a participant who first becomes a participant of | ||||||
25 | this System on or after January 1, 2011 (the effective date | ||||||
26 | of Public Act 96-889), he or she has attained age 67 and |
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1 | has at least 8 years of service credit. | ||||||
2 | (a-5) Notwithstanding subsection (a) of this Section, for a | ||||||
3 | Tier I participant who begins receiving a retirement annuity | ||||||
4 | under this Section after July 1, 2013: | ||||||
5 | (1) If the Tier I participant is at least 45 years old | ||||||
6 | on the effective date of this amendatory Act of the 98th | ||||||
7 | General Assembly, then the references to age 55 and 62 in | ||||||
8 | subsection (a) of this Section remain unchanged. | ||||||
9 | (2) If the Tier I participant is at least 40 but less | ||||||
10 | than 45 years old on the effective date of this amendatory | ||||||
11 | Act of the 98th General Assembly, then the references to | ||||||
12 | age 55 and 62 in subsection (a) of this Section are | ||||||
13 | increased by one year. | ||||||
14 | (3) If the Tier I participant is at least 35 but less | ||||||
15 | than 40 years old on the effective date of this amendatory | ||||||
16 | Act of the 98th General Assembly, then the references to | ||||||
17 | age 55 and 62 in subsection (a) of this Section are | ||||||
18 | increased by 3 years. | ||||||
19 | (4) If the Tier I participant is less than 35 years old | ||||||
20 | on the effective date of this amendatory Act of the 98th | ||||||
21 | General Assembly, then the references to age 55 and 62 in | ||||||
22 | subsection (a) of this Section are increased by 5 years. | ||||||
23 | Notwithstanding Section 1-103.1, this subsection (a-5) | ||||||
24 | applies without regard to whether or not the Tier I member is | ||||||
25 | in active service under this Article on or after the effective | ||||||
26 | date of this amendatory Act of the 98th General Assembly. |
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1 | (a-5) A participant who first becomes a participant of this | ||||||
2 | System on or after January 1, 2011 (the effective date of | ||||||
3 | Public Act 96-889) who has attained age 62 and has at least 8 | ||||||
4 | years of service credit may elect to receive the lower | ||||||
5 | retirement annuity provided
in paragraph (c) of Section | ||||||
6 | 2-119.01 of this Code. | ||||||
7 | (b) A participant shall be considered permanently disabled | ||||||
8 | only if:
(1) disability occurs while in service and is
of such | ||||||
9 | a nature
as to prevent him or her from reasonably performing | ||||||
10 | the duties of his
or her office at
the time; and (2) the board | ||||||
11 | has received a written certificate by at
least 2 licensed | ||||||
12 | physicians appointed by the board stating that the member is
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13 | disabled and that the disability is likely to be permanent.
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14 | (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
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15 | (40 ILCS 5/14-103.40 new) | ||||||
16 | Sec. 14-103.40. Tier I member. "Tier I member": A member of | ||||||
17 | this System who first became a member or participant before | ||||||
18 | January 1, 2011 under any reciprocal retirement system or | ||||||
19 | pension fund established under this Code other than a | ||||||
20 | retirement system or pension fund established under Article 2, | ||||||
21 | 3, 4, 5, 6, or 18 of this Code.
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22 | (40 ILCS 5/14-107) (from Ch. 108 1/2, par. 14-107)
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23 | Sec. 14-107. Retirement annuity - service and age - | ||||||
24 | conditions. |
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1 | (a) A member is entitled to a retirement annuity after | ||||||
2 | having at least 8 years of
creditable service.
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3 | (b) A member who has at least 35 years of creditable | ||||||
4 | service may claim his
or her retirement annuity at any age.
A | ||||||
5 | member having at least 8 years of creditable service but less | ||||||
6 | than 35 may
claim his or her retirement annuity upon or after | ||||||
7 | attainment of age 60
or, beginning January 1, 2001, any lesser | ||||||
8 | age which, when added to the
number of years of his or her | ||||||
9 | creditable service, equals at least 85.
A member upon or after | ||||||
10 | attainment of age 55 having at least 25 years of creditable | ||||||
11 | service (30 years if retirement is before
January 1, 2001) may | ||||||
12 | elect to receive the lower retirement annuity provided
in | ||||||
13 | paragraph (c) of Section 14-108 of this Code. For purposes of | ||||||
14 | the rule
of 85, portions of years shall be counted in whole | ||||||
15 | months.
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16 | (c) Notwithstanding subsection (b) of this Section, for a | ||||||
17 | Tier I member who begins receiving a retirement annuity under | ||||||
18 | this Article after July 1, 2013: | ||||||
19 | (1) If the Tier I member is at least 45 years old on | ||||||
20 | the effective date of this amendatory Act of the 98th | ||||||
21 | General Assembly, then the references to age 55 and 60 in | ||||||
22 | subsection (b) of this Section remain unchanged and the | ||||||
23 | references to 85 in subsection (b) of this Section remain | ||||||
24 | unchanged. | ||||||
25 | (2) If the Tier I member is at least 40 but less than | ||||||
26 | 45 years old on the effective date of this amendatory Act |
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1 | of the 98th General Assembly, then the references to age 55 | ||||||
2 | and 60 in subsection (b) of this Section are increased by | ||||||
3 | one year and the references to 85 in subsection (b) are | ||||||
4 | increased to 87. | ||||||
5 | (3) If the Tier I member is at least 35 but less than | ||||||
6 | 40 years old on the effective date of this amendatory Act | ||||||
7 | of the 98th General Assembly, then the references to age 55 | ||||||
8 | and 60 in subsection (b) of this Section are increased by 3 | ||||||
9 | years and the references to 85 in subsection (b) are | ||||||
10 | increased to 91. | ||||||
11 | (4) If the Tier I member is less than 35 years old on | ||||||
12 | the effective date of this amendatory Act of the 98th | ||||||
13 | General Assembly, then the references to age 55 and 60 in | ||||||
14 | subsection (b) of this Section are increased by 5 years and | ||||||
15 | the references to 85 in subsection (b) are increased to 95. | ||||||
16 | Notwithstanding Section 1-103.1, this subsection (c) | ||||||
17 | applies without regard to whether or not the Tier I member is | ||||||
18 | in active service under this Article on or after the effective | ||||||
19 | date of this amendatory Act of the 98th General Assembly. | ||||||
20 | (d) The allowance shall begin with the first full calendar | ||||||
21 | month specified in the
member's application therefor, the first | ||||||
22 | day of which shall not be before the
date of withdrawal as | ||||||
23 | approved by the board. Regardless of the date of
withdrawal, | ||||||
24 | the allowance need not begin within one year of application
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25 | therefor.
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26 | (Source: P.A. 91-927, eff. 12-14-00.)
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1 | (40 ILCS 5/14-108) (from Ch. 108 1/2, par. 14-108)
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2 | Sec. 14-108. Amount of retirement annuity. A member who has | ||||||
3 | contributed to the System for at least 12 months shall
be | ||||||
4 | entitled to a prior service annuity for each year of certified | ||||||
5 | prior
service credited to him, except that a member shall | ||||||
6 | receive 1/3 of the prior
service annuity for each year of | ||||||
7 | service for which contributions have been
made and all of such | ||||||
8 | annuity shall be payable after the member has made
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9 | contributions for a period of 3 years. Proportionate amounts | ||||||
10 | shall be payable
for service of less than a full year after | ||||||
11 | completion of at least 12 months.
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12 | The total period of service to be considered in | ||||||
13 | establishing the measure
of prior service annuity shall include | ||||||
14 | service credited in the Teachers'
Retirement System of the | ||||||
15 | State of Illinois and the State Universities
Retirement System | ||||||
16 | for which contributions have been made by the member to
such | ||||||
17 | systems; provided that at least 1 year of the total period of 3 | ||||||
18 | years
prescribed for the allowance of a full measure of prior | ||||||
19 | service annuity
shall consist of membership service in this | ||||||
20 | system for which credit has been
granted.
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21 | (a) In the case of a member who retires on or after January | ||||||
22 | 1, 1998 and
is a noncovered employee, the retirement annuity | ||||||
23 | for membership service and
prior service shall be 2.2% of final | ||||||
24 | average compensation for each year of
service. Any service | ||||||
25 | credit established as a covered employee shall be
computed as |
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1 | stated in
paragraph (b).
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2 | (b) In the case of a member who retires on or after January | ||||||
3 | 1, 1998
and is a covered employee, the retirement annuity for | ||||||
4 | membership
service and prior service shall be computed as | ||||||
5 | stated in paragraph (a) for
all service credit established as a | ||||||
6 | noncovered employee; for service credit
established as a | ||||||
7 | covered employee it shall be 1.67% of final average
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8 | compensation for each year of service.
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9 | (c) For a member
retiring after attaining age 55 but before | ||||||
10 | age 60 with at least 30 but less
than 35 years of creditable | ||||||
11 | service if retirement is before January 1, 2001, or
with at | ||||||
12 | least 25 but less than 30 years of creditable service if | ||||||
13 | retirement is
on or after January 1, 2001, the retirement | ||||||
14 | annuity shall be reduced by 1/2
of 1% for each month that the | ||||||
15 | member's age is under age 60 at the time of
retirement. For | ||||||
16 | members to whom subsection (c) of Section 14-107 applies, the | ||||||
17 | references to age 55 and 60 in this subsection (c) are | ||||||
18 | increased as provided in subsection (c) of Section 14-107.
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19 | (d) A retirement annuity shall not exceed 75% of final | ||||||
20 | average compensation,
subject to such extension as may result | ||||||
21 | from the application of Section 14-114
or Section 14-115.
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22 | (e) The retirement annuity payable to any covered employee | ||||||
23 | who is a member
of the System and in service on January 1, | ||||||
24 | 1969, or in service thereafter
in 1969 as a result of | ||||||
25 | legislation enacted by the Illinois General Assembly
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26 | transferring the member to State employment from county |
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1 | employment in a
county Department of Public Aid in counties of | ||||||
2 | 3,000,000 or more population,
under a plan of coordination with | ||||||
3 | the Old Age, Survivors and Disability
provisions thereof, if | ||||||
4 | not fully insured for Old Age Insurance payments
under the | ||||||
5 | Federal Old Age, Survivors and Disability Insurance provisions
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6 | at the date of acceptance of a retirement annuity, shall not be | ||||||
7 | less than
the amount for which the member would have been | ||||||
8 | eligible if coordination
were not applicable.
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9 | (f) The retirement annuity payable to any covered employee | ||||||
10 | who is a member
of the System and in service on January 1, | ||||||
11 | 1969, or in service thereafter
in 1969 as a result of the | ||||||
12 | legislation designated in the immediately preceding
paragraph, | ||||||
13 | if fully insured for Old Age Insurance payments under the | ||||||
14 | Federal
Social Security Act at the date of acceptance of a | ||||||
15 | retirement annuity, shall
not be less than an amount which when | ||||||
16 | added to the Primary Insurance Benefit
payable to the member | ||||||
17 | upon attainment of age 65 under such Federal Act,
will equal | ||||||
18 | the annuity which would otherwise be payable if the coordinated
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19 | plan of coverage were not applicable.
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20 | (g) In the case of a member who is a noncovered employee, | ||||||
21 | the retirement
annuity for membership service as a security | ||||||
22 | employee of the Department of
Corrections or security employee | ||||||
23 | of the Department of Human Services shall
be: if retirement | ||||||
24 | occurs on or after January 1, 2001, 3% of final average
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25 | compensation for each year of creditable service; or if | ||||||
26 | retirement occurs
before January 1, 2001, 1.9% of final average |
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1 | compensation for each of the
first 10 years of service, 2.1% | ||||||
2 | for each of the next 10 years of
service, 2.25% for each year | ||||||
3 | of service in excess of 20 but not
exceeding 30, and 2.5% for | ||||||
4 | each year in excess of 30; except that the
annuity may be | ||||||
5 | calculated under subsection (a) rather than this subsection (g)
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6 | if the resulting annuity is greater.
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7 | (h) In the case of a member who is a covered employee, the | ||||||
8 | retirement
annuity for membership service as a security | ||||||
9 | employee of the Department of
Corrections or security employee | ||||||
10 | of the Department of Human Services shall
be: if retirement | ||||||
11 | occurs on or after January 1, 2001, 2.5% of final average
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12 | compensation for each year of creditable service; if retirement | ||||||
13 | occurs before
January 1, 2001, 1.67% of final average | ||||||
14 | compensation for each of the first
10 years of service, 1.90% | ||||||
15 | for each of the next 10 years of
service, 2.10% for each year | ||||||
16 | of service in excess of 20 but not
exceeding 30, and 2.30% for | ||||||
17 | each year in excess of 30.
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18 | (i) For the purposes of this Section and Section 14-133 of | ||||||
19 | this Act,
the term "security employee of the Department of | ||||||
20 | Corrections" and the term
"security employee of the Department | ||||||
21 | of Human Services" shall have the
meanings ascribed to them in | ||||||
22 | subsection (c) of Section 14-110.
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23 | (j) The retirement annuity computed pursuant to paragraphs | ||||||
24 | (g) or (h)
shall be applicable only to those security employees | ||||||
25 | of the Department of
Corrections and security employees of the | ||||||
26 | Department of Human Services who
have at least 20 years of |
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1 | membership service and who are not eligible for
the alternative | ||||||
2 | retirement annuity provided under Section 14-110. However,
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3 | persons transferring to this System under Section 14-108.2 or | ||||||
4 | 14-108.2c
who have service credit under Article 16 of this Code | ||||||
5 | may count such service
toward establishing their eligibility | ||||||
6 | under the 20-year service requirement of
this subsection; but | ||||||
7 | such service may be used only for establishing such
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8 | eligibility, and not for the purpose of increasing or | ||||||
9 | calculating any benefit.
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10 | (k) (Blank).
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11 | (l) The changes to this Section made by this amendatory Act | ||||||
12 | of 1997
(changing certain retirement annuity formulas from a | ||||||
13 | stepped rate to a flat
rate) apply to members who retire on or | ||||||
14 | after January 1, 1998, without regard
to whether employment | ||||||
15 | terminated before the effective date of this amendatory
Act of | ||||||
16 | 1997. An annuity shall not be calculated in steps by using the | ||||||
17 | new flat
rate for some steps and the superseded stepped rate | ||||||
18 | for other steps of the same
type of service.
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19 | (Source: P.A. 91-927, eff. 12-14-00; 92-14, eff. 6-28-01.)
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20 | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
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21 | Sec. 14-110. Alternative retirement annuity.
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22 | (a) Any member who has withdrawn from service with not less | ||||||
23 | than 20
years of eligible creditable service and has attained | ||||||
24 | age 55, and any
member who has withdrawn from service with not | ||||||
25 | less than 25 years of
eligible creditable service and has |
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1 | attained age 50, regardless of whether
the attainment of either | ||||||
2 | of the specified ages occurs while the member is
still in | ||||||
3 | service, shall be entitled to receive at the option of the | ||||||
4 | member,
in lieu of the regular or minimum retirement annuity, a | ||||||
5 | retirement annuity
computed as follows:
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6 | (i) for periods of service as a noncovered employee:
if | ||||||
7 | retirement occurs on or after January 1, 2001, 3% of final
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8 | average compensation for each year of creditable service; | ||||||
9 | if retirement occurs
before January 1, 2001, 2 1/4% of | ||||||
10 | final average compensation for each of the
first 10 years | ||||||
11 | of creditable service, 2 1/2% for each year above 10 years | ||||||
12 | to
and including 20 years of creditable service, and 2 3/4% | ||||||
13 | for each year of
creditable service above 20 years; and
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14 | (ii) for periods of eligible creditable service as a | ||||||
15 | covered employee:
if retirement occurs on or after January | ||||||
16 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
17 | of creditable service; if retirement occurs before
January | ||||||
18 | 1, 2001, 1.67% of final average compensation for each of | ||||||
19 | the first
10 years of such service, 1.90% for each of the | ||||||
20 | next 10 years of such service,
2.10% for each year of such | ||||||
21 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
22 | each year in excess of 30.
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23 | Such annuity shall be subject to a maximum of 75% of final | ||||||
24 | average
compensation if retirement occurs before January 1, | ||||||
25 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
26 | retirement occurs on or after January
1, 2001.
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1 | These rates shall not be applicable to any service | ||||||
2 | performed
by a member as a covered employee which is not | ||||||
3 | eligible creditable service.
Service as a covered employee | ||||||
4 | which is not eligible creditable service
shall be subject to | ||||||
5 | the rates and provisions of Section 14-108.
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6 | (a-5) Notwithstanding subsection (a) of this Section, for a | ||||||
7 | Tier I member who begins receiving a retirement annuity under | ||||||
8 | this Section after July 1, 2013: | ||||||
9 | (1) If the Tier I member is at least 45 years old on | ||||||
10 | the effective date of this amendatory Act of the 98th | ||||||
11 | General Assembly, then the references to age 50 and 55 in | ||||||
12 | subsection (a) of this Section remain unchanged. | ||||||
13 | (2) If the Tier I member is at least 40 but less than | ||||||
14 | 45 years old on the effective date of this amendatory Act | ||||||
15 | of the 98th General Assembly, then the references to age 50 | ||||||
16 | and 55 in subsection (a) of this Section are increased by | ||||||
17 | one year. | ||||||
18 | (3) If the Tier I member is at least 35 but less than | ||||||
19 | 40 years old on the effective date of this amendatory Act | ||||||
20 | of the 98th General Assembly, then the references to age 50 | ||||||
21 | and 55 in subsection (a) of this Section are increased by 3 | ||||||
22 | years. | ||||||
23 | (4) If the Tier I member is less than 35 years old on | ||||||
24 | the effective date of this amendatory Act of the 98th | ||||||
25 | General Assembly, then the references to age 50 and 55 in | ||||||
26 | subsection (a) of this Section are increased by 5 years. |
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1 | Notwithstanding Section 1-103.1, this subsection (a-5) | ||||||
2 | applies without regard to whether or not the Tier I member is | ||||||
3 | in active service under this Article on or after the effective | ||||||
4 | date of this amendatory Act of the 98th General Assembly. | ||||||
5 | (b) For the purpose of this Section, "eligible creditable | ||||||
6 | service" means
creditable service resulting from service in one | ||||||
7 | or more of the following
positions:
| ||||||
8 | (1) State policeman;
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9 | (2) fire fighter in the fire protection service of a | ||||||
10 | department;
| ||||||
11 | (3) air pilot;
| ||||||
12 | (4) special agent;
| ||||||
13 | (5) investigator for the Secretary of State;
| ||||||
14 | (6) conservation police officer;
| ||||||
15 | (7) investigator for the Department of Revenue or the | ||||||
16 | Illinois Gaming Board;
| ||||||
17 | (8) security employee of the Department of Human | ||||||
18 | Services;
| ||||||
19 | (9) Central Management Services security police | ||||||
20 | officer;
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21 | (10) security employee of the Department of | ||||||
22 | Corrections or the Department of Juvenile Justice;
| ||||||
23 | (11) dangerous drugs investigator;
| ||||||
24 | (12) investigator for the Department of State Police;
| ||||||
25 | (13) investigator for the Office of the Attorney | ||||||
26 | General;
|
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| |||||||
1 | (14) controlled substance inspector;
| ||||||
2 | (15) investigator for the Office of the State's | ||||||
3 | Attorneys Appellate
Prosecutor;
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4 | (16) Commerce Commission police officer;
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5 | (17) arson investigator;
| ||||||
6 | (18) State highway maintenance worker.
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7 | A person employed in one of the positions specified in this | ||||||
8 | subsection is
entitled to eligible creditable service for | ||||||
9 | service credit earned under this
Article while undergoing the | ||||||
10 | basic police training course approved by the
Illinois Law | ||||||
11 | Enforcement Training
Standards Board, if
completion of that | ||||||
12 | training is required of persons serving in that position.
For | ||||||
13 | the purposes of this Code, service during the required basic | ||||||
14 | police
training course shall be deemed performance of the | ||||||
15 | duties of the specified
position, even though the person is not | ||||||
16 | a sworn peace officer at the time of
the training.
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17 | (c) For the purposes of this Section:
| ||||||
18 | (1) The term "state policeman" includes any title or | ||||||
19 | position
in the Department of State Police that is held by | ||||||
20 | an individual employed
under the State Police Act.
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21 | (2) The term "fire fighter in the fire protection | ||||||
22 | service of a
department" includes all officers in such fire | ||||||
23 | protection service
including fire chiefs and assistant | ||||||
24 | fire chiefs.
| ||||||
25 | (3) The term "air pilot" includes any employee whose | ||||||
26 | official job
description on file in the Department of |
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| |||||||
1 | Central Management Services, or
in the department by which | ||||||
2 | he is employed if that department is not covered
by the | ||||||
3 | Personnel Code, states that his principal duty is the | ||||||
4 | operation of
aircraft, and who possesses a pilot's license; | ||||||
5 | however, the change in this
definition made by this | ||||||
6 | amendatory Act of 1983 shall not operate to exclude
any | ||||||
7 | noncovered employee who was an "air pilot" for the purposes | ||||||
8 | of this
Section on January 1, 1984.
| ||||||
9 | (4) The term "special agent" means any person who by | ||||||
10 | reason of
employment by the Division of Narcotic Control, | ||||||
11 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
12 | Division of Criminal Investigation, the
Division of | ||||||
13 | Internal Investigation, the Division of Operations, or any
| ||||||
14 | other Division or organizational
entity in the Department | ||||||
15 | of State Police is vested by law with duties to
maintain | ||||||
16 | public order, investigate violations of the criminal law of | ||||||
17 | this
State, enforce the laws of this State, make arrests | ||||||
18 | and recover property.
The term "special agent" includes any | ||||||
19 | title or position in the Department
of State Police that is | ||||||
20 | held by an individual employed under the State
Police Act.
| ||||||
21 | (5) The term "investigator for the Secretary of State" | ||||||
22 | means any person
employed by the Office of the Secretary of | ||||||
23 | State and vested with such
investigative duties as render | ||||||
24 | him ineligible for coverage under the Social
Security Act | ||||||
25 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
26 | 218(l)(1)
of that Act.
|
| |||||||
| |||||||
1 | A person who became employed as an investigator for the | ||||||
2 | Secretary of
State between January 1, 1967 and December 31, | ||||||
3 | 1975, and who has served as
such until attainment of age | ||||||
4 | 60, either continuously or with a single break
in service | ||||||
5 | of not more than 3 years duration, which break terminated | ||||||
6 | before
January 1, 1976, shall be entitled to have his | ||||||
7 | retirement annuity
calculated in accordance with | ||||||
8 | subsection (a), notwithstanding
that he has less than 20 | ||||||
9 | years of credit for such service.
| ||||||
10 | (6) The term "Conservation Police Officer" means any | ||||||
11 | person employed
by the Division of Law Enforcement of the | ||||||
12 | Department of Natural Resources and
vested with such law | ||||||
13 | enforcement duties as render him ineligible for coverage
| ||||||
14 | under the Social Security Act by reason of Sections | ||||||
15 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
16 | term "Conservation Police Officer" includes
the positions | ||||||
17 | of Chief Conservation Police Administrator and Assistant
| ||||||
18 | Conservation Police Administrator.
| ||||||
19 | (7) The term "investigator for the Department of | ||||||
20 | Revenue" means any
person employed by the Department of | ||||||
21 | Revenue and vested with such
investigative duties as render | ||||||
22 | him ineligible for coverage under the Social
Security Act | ||||||
23 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
24 | 218(l)(1)
of that Act.
| ||||||
25 | The term "investigator for the Illinois Gaming Board" | ||||||
26 | means any
person employed as such by the Illinois Gaming |
| |||||||
| |||||||
1 | Board and vested with such
peace officer duties as render | ||||||
2 | the person ineligible for coverage under the Social
| ||||||
3 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
4 | 218(d)(8)(D), and 218(l)(1)
of that Act.
| ||||||
5 | (8) The term "security employee of the Department of | ||||||
6 | Human Services"
means any person employed by the Department | ||||||
7 | of Human Services who (i) is
employed at the Chester Mental | ||||||
8 | Health Center and has daily contact with the
residents | ||||||
9 | thereof, (ii) is employed within a security unit at a | ||||||
10 | facility
operated by the Department and has daily contact | ||||||
11 | with the residents of the
security unit, (iii) is employed | ||||||
12 | at a facility operated by the Department
that includes a | ||||||
13 | security unit and is regularly scheduled to work at least
| ||||||
14 | 50% of his or her working hours within that security unit, | ||||||
15 | or (iv) is a mental health police officer.
"Mental health | ||||||
16 | police officer" means any person employed by the Department | ||||||
17 | of
Human Services in a position pertaining to the | ||||||
18 | Department's mental health and
developmental disabilities | ||||||
19 | functions who is vested with such law enforcement
duties as | ||||||
20 | render the person ineligible for coverage under the Social | ||||||
21 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
22 | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | ||||||
23 | means that portion of a facility that is devoted to
the | ||||||
24 | care, containment, and treatment of persons committed to | ||||||
25 | the Department of
Human Services as sexually violent | ||||||
26 | persons, persons unfit to stand trial, or
persons not |
| |||||||
| |||||||
1 | guilty by reason of insanity. With respect to past | ||||||
2 | employment,
references to the Department of Human Services | ||||||
3 | include its predecessor, the
Department of Mental Health | ||||||
4 | and Developmental Disabilities.
| ||||||
5 | The changes made to this subdivision (c)(8) by Public | ||||||
6 | Act 92-14 apply to persons who retire on or after January | ||||||
7 | 1,
2001, notwithstanding Section 1-103.1.
| ||||||
8 | (9) "Central Management Services security police | ||||||
9 | officer" means any
person employed by the Department of | ||||||
10 | Central Management Services who is
vested with such law | ||||||
11 | enforcement duties as render him ineligible for
coverage | ||||||
12 | under the Social Security Act by reason of Sections | ||||||
13 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
14 | (10) For a member who first became an employee under | ||||||
15 | this Article before July 1, 2005, the term "security | ||||||
16 | employee of the Department of Corrections or the Department | ||||||
17 | of Juvenile Justice"
means any employee of the Department | ||||||
18 | of Corrections or the Department of Juvenile Justice or the | ||||||
19 | former
Department of Personnel, and any member or employee | ||||||
20 | of the Prisoner
Review Board, who has daily contact with | ||||||
21 | inmates or youth by working within a
correctional facility | ||||||
22 | or Juvenile facility operated by the Department of Juvenile | ||||||
23 | Justice or who is a parole officer or an employee who has
| ||||||
24 | direct contact with committed persons in the performance of | ||||||
25 | his or her
job duties. For a member who first becomes an | ||||||
26 | employee under this Article on or after July 1, 2005, the |
| |||||||
| |||||||
1 | term means an employee of the Department of Corrections or | ||||||
2 | the Department of Juvenile Justice who is any of the | ||||||
3 | following: (i) officially headquartered at a correctional | ||||||
4 | facility or Juvenile facility operated by the Department of | ||||||
5 | Juvenile Justice, (ii) a parole officer, (iii) a member of | ||||||
6 | the apprehension unit, (iv) a member of the intelligence | ||||||
7 | unit, (v) a member of the sort team, or (vi) an | ||||||
8 | investigator.
| ||||||
9 | (11) The term "dangerous drugs investigator" means any | ||||||
10 | person who is
employed as such by the Department of Human | ||||||
11 | Services.
| ||||||
12 | (12) The term "investigator for the Department of State | ||||||
13 | Police" means
a person employed by the Department of State | ||||||
14 | Police who is vested under
Section 4 of the Narcotic | ||||||
15 | Control Division Abolition Act with such
law enforcement | ||||||
16 | powers as render him ineligible for coverage under the
| ||||||
17 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
18 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
19 | (13) "Investigator for the Office of the Attorney | ||||||
20 | General" means any
person who is employed as such by the | ||||||
21 | Office of the Attorney General and
is vested with such | ||||||
22 | investigative duties as render him ineligible for
coverage | ||||||
23 | under the Social Security Act by reason of Sections | ||||||
24 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||||||
25 | the period before January 1,
1989, the term includes all | ||||||
26 | persons who were employed as investigators by the
Office of |
| |||||||
| |||||||
1 | the Attorney General, without regard to social security | ||||||
2 | status.
| ||||||
3 | (14) "Controlled substance inspector" means any person | ||||||
4 | who is employed
as such by the Department of Professional | ||||||
5 | Regulation and is vested with such
law enforcement duties | ||||||
6 | as render him ineligible for coverage under the Social
| ||||||
7 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
8 | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||||||
9 | "controlled substance inspector" includes the Program
| ||||||
10 | Executive of Enforcement and the Assistant Program | ||||||
11 | Executive of Enforcement.
| ||||||
12 | (15) The term "investigator for the Office of the | ||||||
13 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
14 | employed in that capacity on a full
time basis under the | ||||||
15 | authority of Section 7.06 of the State's Attorneys
| ||||||
16 | Appellate Prosecutor's Act.
| ||||||
17 | (16) "Commerce Commission police officer" means any | ||||||
18 | person employed
by the Illinois Commerce Commission who is | ||||||
19 | vested with such law
enforcement duties as render him | ||||||
20 | ineligible for coverage under the Social
Security Act by | ||||||
21 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
22 | 218(l)(1) of that Act.
| ||||||
23 | (17) "Arson investigator" means any person who is | ||||||
24 | employed as such by
the Office of the State Fire Marshal | ||||||
25 | and is vested with such law enforcement
duties as render | ||||||
26 | the person ineligible for coverage under the Social |
| |||||||
| |||||||
1 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
2 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
3 | employed as an arson
investigator on January 1, 1995 and is | ||||||
4 | no longer in service but not yet
receiving a retirement | ||||||
5 | annuity may convert his or her creditable service for
| ||||||
6 | employment as an arson investigator into eligible | ||||||
7 | creditable service by paying
to the System the difference | ||||||
8 | between the employee contributions actually paid
for that | ||||||
9 | service and the amounts that would have been contributed if | ||||||
10 | the
applicant were contributing at the rate applicable to | ||||||
11 | persons with the same
social security status earning | ||||||
12 | eligible creditable service on the date of
application.
| ||||||
13 | (18) The term "State highway maintenance worker" means | ||||||
14 | a person who is
either of the following:
| ||||||
15 | (i) A person employed on a full-time basis by the | ||||||
16 | Illinois
Department of Transportation in the position | ||||||
17 | of
highway maintainer,
highway maintenance lead | ||||||
18 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
19 | construction equipment operator,
power shovel | ||||||
20 | operator, or
bridge mechanic; and
whose principal | ||||||
21 | responsibility is to perform, on the roadway, the | ||||||
22 | actual
maintenance necessary to keep the highways that | ||||||
23 | form a part of the State
highway system in serviceable | ||||||
24 | condition for vehicular traffic.
| ||||||
25 | (ii) A person employed on a full-time basis by the | ||||||
26 | Illinois
State Toll Highway Authority in the position |
| |||||||
| |||||||
1 | of
equipment operator/laborer H-4,
equipment | ||||||
2 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
3 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
4 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
5 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
6 | roadway lighting H-6,
structural H-4,
structural H-6,
| ||||||
7 | painter H-4, or
painter H-6; and
whose principal | ||||||
8 | responsibility is to perform, on the roadway, the | ||||||
9 | actual
maintenance necessary to keep the Authority's | ||||||
10 | tollways in serviceable condition
for vehicular | ||||||
11 | traffic.
| ||||||
12 | (d) A security employee of the Department of Corrections or | ||||||
13 | the Department of Juvenile Justice, and a security
employee of | ||||||
14 | the Department of Human Services who is not a mental health | ||||||
15 | police
officer, shall not be eligible for the alternative | ||||||
16 | retirement annuity provided
by this Section unless he or she | ||||||
17 | meets the following minimum age and service
requirements at the | ||||||
18 | time of retirement:
| ||||||
19 | (i) 25 years of eligible creditable service and age 55; | ||||||
20 | or
| ||||||
21 | (ii) beginning January 1, 1987, 25 years of eligible | ||||||
22 | creditable service
and age 54, or 24 years of eligible | ||||||
23 | creditable service and age 55; or
| ||||||
24 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
25 | creditable service
and age 53, or 23 years of eligible | ||||||
26 | creditable service and age 55; or
|
| |||||||
| |||||||
1 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
2 | creditable service
and age 52, or 22 years of eligible | ||||||
3 | creditable service and age 55; or
| ||||||
4 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
5 | creditable service
and age 51, or 21 years of eligible | ||||||
6 | creditable service and age 55; or
| ||||||
7 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
8 | creditable service
and age 50, or 20 years of eligible | ||||||
9 | creditable service and age 55.
| ||||||
10 | For members to whom subsection (a-5) of this Section | ||||||
11 | applies, the references to age 50 and 55 in item (vi) of this | ||||||
12 | subsection are increased as provided in subsection (a-5). | ||||||
13 | Persons who have service credit under Article 16 of this | ||||||
14 | Code for service
as a security employee of the Department of | ||||||
15 | Corrections or the Department of Juvenile Justice, or the | ||||||
16 | Department
of Human Services in a position requiring | ||||||
17 | certification as a teacher may
count such service toward | ||||||
18 | establishing their eligibility under the service
requirements | ||||||
19 | of this Section; but such service may be used only for
| ||||||
20 | establishing such eligibility, and not for the purpose of | ||||||
21 | increasing or
calculating any benefit.
| ||||||
22 | (e) If a member enters military service while working in a | ||||||
23 | position in
which eligible creditable service may be earned, | ||||||
24 | and returns to State
service in the same or another such | ||||||
25 | position, and fulfills in all other
respects the conditions | ||||||
26 | prescribed in this Article for credit for military
service, |
| |||||||
| |||||||
1 | such military service shall be credited as eligible creditable
| ||||||
2 | service for the purposes of the retirement annuity prescribed | ||||||
3 | in this Section.
| ||||||
4 | (f) For purposes of calculating retirement annuities under | ||||||
5 | this
Section, periods of service rendered after December 31, | ||||||
6 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
7 | position of special agent,
conservation police officer, mental | ||||||
8 | health police officer, or investigator
for the Secretary of | ||||||
9 | State, shall be deemed to have been service as a
noncovered | ||||||
10 | employee, provided that the employee pays to the System prior | ||||||
11 | to
retirement an amount equal to (1) the difference between the | ||||||
12 | employee
contributions that would have been required for such | ||||||
13 | service as a
noncovered employee, and the amount of employee | ||||||
14 | contributions actually
paid, plus (2) if payment is made after | ||||||
15 | July 31, 1987, regular interest
on the amount specified in item | ||||||
16 | (1) from the date of service to the date
of payment.
| ||||||
17 | For purposes of calculating retirement annuities under | ||||||
18 | this Section,
periods of service rendered after December 31, | ||||||
19 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
20 | position of investigator for the
Department of Revenue shall be | ||||||
21 | deemed to have been service as a noncovered
employee, provided | ||||||
22 | that the employee pays to the System prior to retirement
an | ||||||
23 | amount equal to (1) the difference between the employee | ||||||
24 | contributions
that would have been required for such service as | ||||||
25 | a noncovered employee,
and the amount of employee contributions | ||||||
26 | actually paid, plus (2) if payment
is made after January 1, |
| |||||||
| |||||||
1 | 1990, regular interest on the amount specified in
item (1) from | ||||||
2 | the date of service to the date of payment.
| ||||||
3 | (g) A State policeman may elect, not later than January 1, | ||||||
4 | 1990, to
establish eligible creditable service for up to 10 | ||||||
5 | years of his service as
a policeman under Article 3, by filing | ||||||
6 | a written election with the Board,
accompanied by payment of an | ||||||
7 | amount to be determined by the Board, equal to
(i) the | ||||||
8 | difference between the amount of employee and employer
| ||||||
9 | contributions transferred to the System under Section 3-110.5, | ||||||
10 | and the
amounts that would have been contributed had such | ||||||
11 | contributions been made
at the rates applicable to State | ||||||
12 | policemen, plus (ii) interest thereon at
the effective rate for | ||||||
13 | each year, compounded annually, from the date of
service to the | ||||||
14 | date of payment.
| ||||||
15 | Subject to the limitation in subsection (i), a State | ||||||
16 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
17 | eligible creditable service for
up to 10 years of his service | ||||||
18 | as a member of the County Police Department
under Article 9, by | ||||||
19 | filing a written election with the Board, accompanied
by | ||||||
20 | payment of an amount to be determined by the Board, equal to | ||||||
21 | (i) the
difference between the amount of employee and employer | ||||||
22 | contributions
transferred to the System under Section 9-121.10 | ||||||
23 | and the amounts that would
have been contributed had those | ||||||
24 | contributions been made at the rates
applicable to State | ||||||
25 | policemen, plus (ii) interest thereon at the effective
rate for | ||||||
26 | each year, compounded annually, from the date of service to the
|
| |||||||
| |||||||
1 | date of payment.
| ||||||
2 | (h) Subject to the limitation in subsection (i), a State | ||||||
3 | policeman or
investigator for the Secretary of State may elect | ||||||
4 | to establish eligible
creditable service for up to 12 years of | ||||||
5 | his service as a policeman under
Article 5, by filing a written | ||||||
6 | election with the Board on or before January
31, 1992, and | ||||||
7 | paying to the System by January 31, 1994 an amount to be
| ||||||
8 | determined by the Board, equal to (i) the difference between | ||||||
9 | the amount of
employee and employer contributions transferred | ||||||
10 | to the System under Section
5-236, and the amounts that would | ||||||
11 | have been contributed had such
contributions been made at the | ||||||
12 | rates applicable to State policemen, plus
(ii) interest thereon | ||||||
13 | at the effective rate for each year, compounded
annually, from | ||||||
14 | the date of service to the date of payment.
| ||||||
15 | Subject to the limitation in subsection (i), a State | ||||||
16 | policeman,
conservation police officer, or investigator for | ||||||
17 | the Secretary of State may
elect to establish eligible | ||||||
18 | creditable service for up to 10 years of
service as a sheriff's | ||||||
19 | law enforcement employee under Article 7, by filing
a written | ||||||
20 | election with the Board on or before January 31, 1993, and | ||||||
21 | paying
to the System by January 31, 1994 an amount to be | ||||||
22 | determined by the Board,
equal to (i) the difference between | ||||||
23 | the amount of employee and
employer contributions transferred | ||||||
24 | to the System under Section
7-139.7, and the amounts that would | ||||||
25 | have been contributed had such
contributions been made at the | ||||||
26 | rates applicable to State policemen, plus
(ii) interest thereon |
| |||||||
| |||||||
1 | at the effective rate for each year, compounded
annually, from | ||||||
2 | the date of service to the date of payment.
| ||||||
3 | Subject to the limitation in subsection (i), a State | ||||||
4 | policeman,
conservation police officer, or investigator for | ||||||
5 | the Secretary of State may
elect to establish eligible | ||||||
6 | creditable service for up to 5 years of
service as a police | ||||||
7 | officer under Article 3, a policeman under Article 5, a | ||||||
8 | sheriff's law enforcement employee under Article 7, a member of | ||||||
9 | the county police department under Article 9, or a police | ||||||
10 | officer under Article 15 by filing
a written election with the | ||||||
11 | Board and paying
to the System an amount to be determined by | ||||||
12 | the Board,
equal to (i) the difference between the amount of | ||||||
13 | employee and
employer contributions transferred to the System | ||||||
14 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
15 | and the amounts that would have been contributed had such
| ||||||
16 | contributions been made at the rates applicable to State | ||||||
17 | policemen, plus
(ii) interest thereon at the effective rate for | ||||||
18 | each year, compounded
annually, from the date of service to the | ||||||
19 | date of payment. | ||||||
20 | Subject to the limitation in subsection (i), an | ||||||
21 | investigator for the Office of the Attorney General, or an | ||||||
22 | investigator for the Department of Revenue, may elect to | ||||||
23 | establish eligible creditable service for up to 5 years of | ||||||
24 | service as a police officer under Article 3, a policeman under | ||||||
25 | Article 5, a sheriff's law enforcement employee under Article | ||||||
26 | 7, or a member of the county police department under Article 9 |
| |||||||
| |||||||
1 | by filing a written election with the Board within 6 months | ||||||
2 | after August 25, 2009 (the effective date of Public Act 96-745) | ||||||
3 | and paying to the System an amount to be determined by the | ||||||
4 | Board, equal to (i) the difference between the amount of | ||||||
5 | employee and employer contributions transferred to the System | ||||||
6 | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||||||
7 | amounts that would have been contributed had such contributions | ||||||
8 | been made at the rates applicable to State policemen, plus (ii) | ||||||
9 | interest thereon at the actuarially assumed rate for each year, | ||||||
10 | compounded annually, from the date of service to the date of | ||||||
11 | payment. | ||||||
12 | Subject to the limitation in subsection (i), a State | ||||||
13 | policeman, conservation police officer, investigator for the | ||||||
14 | Office of the Attorney General, an investigator for the | ||||||
15 | Department of Revenue, or investigator for the Secretary of | ||||||
16 | State may elect to establish eligible creditable service for up | ||||||
17 | to 5 years of service as a person employed by a participating | ||||||
18 | municipality to perform police duties, or law enforcement | ||||||
19 | officer employed on a full-time basis by a forest preserve | ||||||
20 | district under Article 7, a county corrections officer, or a | ||||||
21 | court services officer under Article 9, by filing a written | ||||||
22 | election with the Board within 6 months after August 25, 2009 | ||||||
23 | (the effective date of Public Act 96-745) and paying to the | ||||||
24 | System an amount to be determined by the Board, equal to (i) | ||||||
25 | the difference between the amount of employee and employer | ||||||
26 | contributions transferred to the System under Sections 7-139.8 |
| |||||||
| |||||||
1 | and 9-121.10 and the amounts that would have been contributed | ||||||
2 | had such contributions been made at the rates applicable to | ||||||
3 | State policemen, plus (ii) interest thereon at the actuarially | ||||||
4 | assumed rate for each year, compounded annually, from the date | ||||||
5 | of service to the date of payment. | ||||||
6 | (i) The total amount of eligible creditable service | ||||||
7 | established by any
person under subsections (g), (h), (j), (k), | ||||||
8 | and (l) of this
Section shall not exceed 12 years.
| ||||||
9 | (j) Subject to the limitation in subsection (i), an | ||||||
10 | investigator for
the Office of the State's Attorneys Appellate | ||||||
11 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
12 | establish eligible creditable service for up to 10 years of his | ||||||
13 | service as
a policeman under Article 3 or a sheriff's law | ||||||
14 | enforcement employee under
Article 7, by filing a written | ||||||
15 | election with the Board, accompanied by
payment of an amount to | ||||||
16 | be determined by the Board, equal to (1) the
difference between | ||||||
17 | the amount of employee and employer contributions
transferred | ||||||
18 | to the System under Section 3-110.6 or 7-139.8, and the amounts
| ||||||
19 | that would have been contributed had such contributions been | ||||||
20 | made at the
rates applicable to State policemen, plus (2) | ||||||
21 | interest thereon at the
effective rate for each year, | ||||||
22 | compounded annually, from the date of service
to the date of | ||||||
23 | payment.
| ||||||
24 | (k) Subject to the limitation in subsection (i) of this | ||||||
25 | Section, an
alternative formula employee may elect to establish | ||||||
26 | eligible creditable
service for periods spent as a full-time |
| |||||||
| |||||||
1 | law enforcement officer or full-time
corrections officer | ||||||
2 | employed by the federal government or by a state or local
| ||||||
3 | government located outside of Illinois, for which credit is not | ||||||
4 | held in any
other public employee pension fund or retirement | ||||||
5 | system. To obtain this
credit, the applicant must file a | ||||||
6 | written application with the Board by March
31, 1998, | ||||||
7 | accompanied by evidence of eligibility acceptable to the Board | ||||||
8 | and
payment of an amount to be determined by the Board, equal | ||||||
9 | to (1) employee
contributions for the credit being established, | ||||||
10 | based upon the applicant's
salary on the first day as an | ||||||
11 | alternative formula employee after the employment
for which | ||||||
12 | credit is being established and the rates then applicable to
| ||||||
13 | alternative formula employees, plus (2) an amount determined by | ||||||
14 | the Board
to be the employer's normal cost of the benefits | ||||||
15 | accrued for the credit being
established, plus (3) regular | ||||||
16 | interest on the amounts in items (1) and (2) from
the first day | ||||||
17 | as an alternative formula employee after the employment for | ||||||
18 | which
credit is being established to the date of payment.
| ||||||
19 | (l) Subject to the limitation in subsection (i), a security | ||||||
20 | employee of
the Department of Corrections may elect, not later | ||||||
21 | than July 1, 1998, to
establish eligible creditable service for | ||||||
22 | up to 10 years of his or her service
as a policeman under | ||||||
23 | Article 3, by filing a written election with the Board,
| ||||||
24 | accompanied by payment of an amount to be determined by the | ||||||
25 | Board, equal to
(i) the difference between the amount of | ||||||
26 | employee and employer contributions
transferred to the System |
| |||||||
| |||||||
1 | under Section 3-110.5, and the amounts that would
have been | ||||||
2 | contributed had such contributions been made at the rates | ||||||
3 | applicable
to security employees of the Department of | ||||||
4 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
5 | for each year, compounded annually, from the date
of service to | ||||||
6 | the date of payment.
| ||||||
7 | (m) The amendatory changes to this Section made by this | ||||||
8 | amendatory Act of the 94th General Assembly apply only to: (1) | ||||||
9 | security employees of the Department of Juvenile Justice | ||||||
10 | employed by the Department of Corrections before the effective | ||||||
11 | date of this amendatory Act of the 94th General Assembly and | ||||||
12 | transferred to the Department of Juvenile Justice by this | ||||||
13 | amendatory Act of the 94th General Assembly; and (2) persons | ||||||
14 | employed by the Department of Juvenile Justice on or after the | ||||||
15 | effective date of this amendatory Act of the 94th General | ||||||
16 | Assembly who are required by subsection (b) of Section 3-2.5-15 | ||||||
17 | of the Unified Code of Corrections to have a bachelor's or | ||||||
18 | advanced degree from an accredited college or university with a | ||||||
19 | specialization in criminal justice, education, psychology, | ||||||
20 | social work, or a closely related social science or, in the | ||||||
21 | case of persons who provide vocational training, who are | ||||||
22 | required to have adequate knowledge in the skill for which they | ||||||
23 | are providing the vocational training.
| ||||||
24 | (n) A person employed in a position under subsection (b) of | ||||||
25 | this Section who has purchased service credit under subsection | ||||||
26 | (j) of Section 14-104 or subsection (b) of Section 14-105 in |
| |||||||
| |||||||
1 | any other capacity under this Article may convert up to 5 years | ||||||
2 | of that service credit into service credit covered under this | ||||||
3 | Section by paying to the Fund an amount equal to (1) the | ||||||
4 | additional employee contribution required under Section | ||||||
5 | 14-133, plus (2) the additional employer contribution required | ||||||
6 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
7 | the actuarially assumed rate from the date of the service to | ||||||
8 | the date of payment. | ||||||
9 | (Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09; | ||||||
10 | 96-37, eff. 7-13-09; 96-745, eff. 8-25-09; 96-1000, eff. | ||||||
11 | 7-2-10.)
| ||||||
12 | (40 ILCS 5/15-107.1 new) | ||||||
13 | Sec. 15-107.1. Tier I participant. "Tier I participant": A | ||||||
14 | participant under this Article, other than a participant in the | ||||||
15 | self-managed plan under Section 15-158.2, who first became a | ||||||
16 | member or participant before January 1, 2011 under any | ||||||
17 | reciprocal retirement system or pension fund established under | ||||||
18 | this Code other than a retirement system or pension fund | ||||||
19 | established under Article 2, 3, 4, 5, 6, or 18 of this Code.
| ||||||
20 | (40 ILCS 5/15-135) (from Ch. 108 1/2, par. 15-135)
| ||||||
21 | Sec. 15-135. Retirement annuities - Conditions.
| ||||||
22 | (a) A participant who retires in one of the following | ||||||
23 | specified years with
the specified amount of service is | ||||||
24 | entitled to a retirement annuity at any age
under the |
| |||||||
| |||||||
1 | retirement program applicable to the participant:
| ||||||
2 | 35 years if retirement is in 1997 or before;
| ||||||
3 | 34 years if retirement is in 1998;
| ||||||
4 | 33 years if retirement is in 1999;
| ||||||
5 | 32 years if retirement is in 2000;
| ||||||
6 | 31 years if retirement is in 2001;
| ||||||
7 | 30 years if retirement is in 2002 or later.
| ||||||
8 | A participant with 8 or more years of service after | ||||||
9 | September 1, 1941, is
entitled to a retirement annuity on or | ||||||
10 | after attainment of age 55.
| ||||||
11 | A participant with at least 5 but less than 8 years
of | ||||||
12 | service after September 1, 1941, is entitled to a retirement | ||||||
13 | annuity on
or after attainment of age 62.
| ||||||
14 | A participant who has at least 25 years of service in this | ||||||
15 | system as a
police officer or firefighter is entitled to a | ||||||
16 | retirement
annuity on or after the attainment of age 50, if | ||||||
17 | Rule 4 of Section
15-136 is applicable to the participant.
| ||||||
18 | (a-5) Notwithstanding subsection (a) of this Section, for a | ||||||
19 | Tier I participant who begins receiving a retirement annuity | ||||||
20 | under this Article after July 1, 2013: | ||||||
21 | (1) If the Tier I participant is at least 45 years old | ||||||
22 | on the effective date of this amendatory Act of the 98th | ||||||
23 | General Assembly, then the reference to retirement with 30 | ||||||
24 | years of service as well as the references to age 50, 55, | ||||||
25 | and 62 in subsection (a) of this Section remain unchanged. | ||||||
26 | (2) If the Tier I participant is at least 40 but less |
| |||||||
| |||||||
1 | than 45 years old on the effective date of this amendatory | ||||||
2 | Act of the 98th General Assembly, then the reference to | ||||||
3 | retirement with 30 years of service as well as the | ||||||
4 | references to age 50, 55, and 62 in subsection (a) of this | ||||||
5 | Section shall be increased by one year. | ||||||
6 | (3) If the Tier I participant is at least 35 but less | ||||||
7 | than 40 years old on the effective date of this amendatory | ||||||
8 | Act of the 98th General Assembly, then the reference to | ||||||
9 | retirement with 30 years of service as well as the | ||||||
10 | references to age 50, 55, and 62 in subsection (a) of this | ||||||
11 | Section shall be increased by 3 years. | ||||||
12 | (4) If the Tier I participant is less than 35 years old | ||||||
13 | on the effective date of this amendatory Act of the 98th | ||||||
14 | General Assembly, then the reference to retirement with 30 | ||||||
15 | years of service as well as the references to age 50, 55, | ||||||
16 | and 62 in subsection (a) of this Section shall be increased | ||||||
17 | by 5 years. | ||||||
18 | Notwithstanding Section 1-103.1, this subsection (a-5) | ||||||
19 | applies without regard to whether or not the Tier I participant | ||||||
20 | is in active service under this Article on or after the | ||||||
21 | effective date of this amendatory Act of the 98th General | ||||||
22 | Assembly. | ||||||
23 | (b) The annuity payment period shall begin on the date | ||||||
24 | specified by the
participant or the recipient of a disability | ||||||
25 | retirement annuity submitting a written application, which | ||||||
26 | date shall not be prior
to termination of employment or more |
| |||||||
| |||||||
1 | than one year before the application is
received by the board; | ||||||
2 | however, if the participant is not an employee of an
employer | ||||||
3 | participating in this System or in a participating system as | ||||||
4 | defined
in Article 20 of this Code on April 1 of the calendar | ||||||
5 | year next following
the calendar year in which the participant | ||||||
6 | attains age 70 1/2, the annuity
payment period shall begin on | ||||||
7 | that date regardless of whether an application
has been filed.
| ||||||
8 | (c) An annuity is not payable if the amount provided under | ||||||
9 | Section
15-136 is less than $10 per month.
| ||||||
10 | (Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12.)
| ||||||
11 | (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
| ||||||
12 | Sec. 15-136. Retirement annuities - Amount. The provisions | ||||||
13 | of this
Section 15-136 apply only to those participants who are | ||||||
14 | participating in the
traditional benefit package or the | ||||||
15 | portable benefit package and do not
apply to participants who | ||||||
16 | are participating in the self-managed plan.
| ||||||
17 | (a) The amount of a participant's retirement annuity, | ||||||
18 | expressed in the form
of a single-life annuity, shall be | ||||||
19 | determined by whichever of the following
rules is applicable | ||||||
20 | and provides the largest annuity:
| ||||||
21 | Rule 1: The retirement annuity shall be 1.67% of final rate | ||||||
22 | of earnings for
each of the first 10 years of service, 1.90% | ||||||
23 | for each of the next 10 years of
service, 2.10% for each year | ||||||
24 | of service in excess of 20 but not exceeding 30,
and 2.30% for | ||||||
25 | each year in excess of 30; or for persons who retire on or
|
| |||||||
| |||||||
1 | after January 1, 1998, 2.2% of the final rate of earnings for | ||||||
2 | each year of
service.
| ||||||
3 | Rule 2: The retirement annuity shall be the sum of the | ||||||
4 | following,
determined from amounts credited to the participant | ||||||
5 | in accordance with the
actuarial tables and the effective rate | ||||||
6 | of interest in effect at the
time the retirement annuity | ||||||
7 | begins:
| ||||||
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 | ||||||
22 | on or after
August 14, 1998, the accumulated normal | ||||||
23 | contributions taken into account under
clauses (i) and (ii) of | ||||||
24 | this Rule 2 shall include the additional normal
contributions | ||||||
25 | made by the police officer or firefighter under Section
| ||||||
26 | 15-157(a).
|
| |||||||
| |||||||
1 | The amount of a retirement annuity calculated under this | ||||||
2 | Rule 2 shall
be computed solely on the basis of the | ||||||
3 | participant's accumulated normal
contributions, as specified | ||||||
4 | in this Rule and defined in Section 15-116.
Neither an employee | ||||||
5 | or employer contribution for early retirement under
Section | ||||||
6 | 15-136.2 nor any other employer contribution shall be used in | ||||||
7 | the
calculation of the amount of a retirement annuity under | ||||||
8 | this Rule 2.
| ||||||
9 | This amendatory Act of the 91st General Assembly is a | ||||||
10 | clarification of
existing law and applies to every participant | ||||||
11 | and annuitant without regard to
whether status as an employee | ||||||
12 | terminates before the effective date of this
amendatory Act.
| ||||||
13 | This Rule 2 does not apply to a person who first becomes an | ||||||
14 | employee under this Article on or after July 1, 2005.
| ||||||
15 | Rule 3: The retirement annuity of a participant who is | ||||||
16 | employed
at least one-half time during the period on which his | ||||||
17 | or her final rate of
earnings is based, shall be equal to the | ||||||
18 | participant's years of service
not to exceed 30, multiplied by | ||||||
19 | (1) $96 if the participant's final rate
of earnings is less | ||||||
20 | than $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 | ||||||
22 | earnings
is at least $4,500 but less than $5,500, (4) $132 if | ||||||
23 | the 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 | ||||||
26 | earnings is at least $7,500 but less
than $8,500, (7) $168 if |
| |||||||
| |||||||
1 | the 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
| ||||||
3 | more, except that the annuity for those persons having made an | ||||||
4 | election under
Section 15-154(a-1) shall be calculated and | ||||||
5 | payable under the portable
retirement benefit program pursuant | ||||||
6 | to the provisions of Section 15-136.4.
| ||||||
7 | Rule 4: A participant who is at least age 50 and has 25 or | ||||||
8 | more years of
service as a police officer or firefighter, and a | ||||||
9 | participant who is age 55 or
over and has at least 20 but less | ||||||
10 | than 25 years of service as a police officer
or firefighter, | ||||||
11 | shall be entitled to a retirement annuity of 2 1/4% of the
| ||||||
12 | final rate of earnings for each of the first 10 years of | ||||||
13 | service as a police
officer or firefighter, 2 1/2% for each of | ||||||
14 | the next 10 years of service as a
police officer or | ||||||
15 | firefighter, and 2 3/4% for each year of service as a police
| ||||||
16 | officer or firefighter in excess of 20. The retirement annuity | ||||||
17 | for all other
service shall be computed under Rule 1.
| ||||||
18 | For purposes of this Rule 4, a participant's service as a | ||||||
19 | firefighter
shall also include the following:
| ||||||
20 | (i) service that is performed while the person is an | ||||||
21 | employee under
subsection (h) of Section 15-107; and
| ||||||
22 | (ii) in the case of an individual who was a | ||||||
23 | participating employee
employed in the fire department of | ||||||
24 | the University of Illinois's
Champaign-Urbana campus | ||||||
25 | immediately prior to the elimination of that fire
| ||||||
26 | department and who immediately after the elimination of |
| |||||||
| |||||||
1 | that fire department
transferred to another job with the | ||||||
2 | University of Illinois, service performed
as an employee of | ||||||
3 | the University of Illinois in a position other than police
| ||||||
4 | officer or firefighter, from the date of that transfer | ||||||
5 | until the employee's
next termination of service with the | ||||||
6 | University of Illinois.
| ||||||
7 | Rule 5: The retirement annuity of a participant who elected | ||||||
8 | early
retirement under the provisions of Section 15-136.2 and | ||||||
9 | who, on or before
February 16, 1995, brought administrative | ||||||
10 | proceedings pursuant to the
administrative rules adopted by the | ||||||
11 | System to challenge the calculation of his
or her retirement | ||||||
12 | annuity shall be the sum of the following, determined from
| ||||||
13 | amounts credited to the participant in accordance with the | ||||||
14 | actuarial tables and
the prescribed rate of interest in effect | ||||||
15 | at the time the retirement annuity
begins:
| ||||||
16 | (i) the normal annuity which can be provided on an | ||||||
17 | actuarially equivalent
basis, by the accumulated normal | ||||||
18 | contributions as of the date the annuity
begins; and
| ||||||
19 | (ii) an annuity from employer contributions of an | ||||||
20 | amount equal to that
which can be provided on an | ||||||
21 | actuarially equivalent basis from the accumulated
normal | ||||||
22 | contributions made by the participant under Section | ||||||
23 | 15-113.6 and Section
15-113.7 plus 1.4 times all other | ||||||
24 | accumulated normal contributions made by the
participant; | ||||||
25 | and
| ||||||
26 | (iii) an annuity which can be provided on an |
| |||||||
| |||||||
1 | actuarially equivalent basis
from the employee | ||||||
2 | contribution for early retirement under Section 15-136.2, | ||||||
3 | and
an annuity from employer contributions of an amount | ||||||
4 | equal to that which can be
provided on an actuarially | ||||||
5 | equivalent basis from the employee contribution for
early | ||||||
6 | retirement under Section 15-136.2.
| ||||||
7 | In no event shall a retirement annuity under this Rule 5 be | ||||||
8 | lower than the
amount obtained by adding (1) the monthly amount | ||||||
9 | obtained by dividing the
combined employee and employer | ||||||
10 | contributions made under Section 15-136.2 by the
System's | ||||||
11 | annuity factor for the age of the participant at the beginning | ||||||
12 | of the
annuity payment period and (2) the amount equal to the | ||||||
13 | participant's annuity if
calculated under Rule 1, reduced under | ||||||
14 | Section 15-136(b) as if no
contributions had been made under | ||||||
15 | Section 15-136.2.
| ||||||
16 | With respect to a participant who is qualified for a | ||||||
17 | retirement annuity under
this Rule 5 whose retirement annuity | ||||||
18 | began before the effective date of this
amendatory Act of the | ||||||
19 | 91st General Assembly, and for whom an employee
contribution | ||||||
20 | was made under Section 15-136.2, the System shall recalculate | ||||||
21 | the
retirement annuity under this Rule 5 and shall pay any | ||||||
22 | additional amounts due
in the manner provided in Section | ||||||
23 | 15-186.1 for benefits mistakenly set too low.
| ||||||
24 | The amount of a retirement annuity calculated under this | ||||||
25 | Rule 5 shall be
computed solely on the basis of those | ||||||
26 | contributions specifically set forth in
this Rule 5. Except as |
| |||||||
| |||||||
1 | provided in clause (iii) of this Rule 5, neither an
employee | ||||||
2 | nor employer contribution for early retirement under Section | ||||||
3 | 15-136.2,
nor any other employer contribution, shall be used in | ||||||
4 | the calculation of the
amount of a retirement annuity under | ||||||
5 | this Rule 5.
| ||||||
6 | The General Assembly has adopted the changes set forth in | ||||||
7 | Section 25 of this
amendatory Act of the 91st General Assembly | ||||||
8 | in recognition that the decision of
the Appellate Court for the | ||||||
9 | Fourth District in Mattis v. State Universities
Retirement | ||||||
10 | System et al. might be deemed to give some right to the | ||||||
11 | plaintiff in
that case. The changes made by Section 25 of this | ||||||
12 | amendatory Act of the 91st
General Assembly are a legislative | ||||||
13 | implementation of the decision of the
Appellate Court for the | ||||||
14 | Fourth District in Mattis v. State Universities
Retirement | ||||||
15 | System et al. with respect to that plaintiff.
| ||||||
16 | The changes made by Section 25 of this amendatory Act of | ||||||
17 | the 91st General
Assembly apply without regard to whether the | ||||||
18 | person is in service as an
employee on or after its effective | ||||||
19 | date.
| ||||||
20 | (b) The retirement annuity provided under Rules 1 and 3 | ||||||
21 | above shall be
reduced by 1/2 of 1% for each month the | ||||||
22 | participant is under age 60 at the
time of retirement. However, | ||||||
23 | this reduction shall not apply in the following
cases:
| ||||||
24 | (1) For a disabled participant whose disability | ||||||
25 | benefits have been
discontinued because he or she has | ||||||
26 | exhausted eligibility for disability
benefits under clause |
| |||||||
| |||||||
1 | (6) of Section 15-152;
| ||||||
2 | (2) For a participant who has at least the number of | ||||||
3 | years of service
required to retire at any age under | ||||||
4 | subsection (a) of Section 15-135; or
| ||||||
5 | (3) For that portion of a retirement annuity which has | ||||||
6 | been provided on
account of service of the participant | ||||||
7 | during periods when he or she performed
the duties of a | ||||||
8 | police officer or firefighter, if these duties were | ||||||
9 | performed
for at least 5 years immediately preceding the | ||||||
10 | date the retirement annuity
is to begin.
| ||||||
11 | (c) The maximum retirement annuity provided under Rules 1, | ||||||
12 | 2, 4,
and 5
shall be the lesser of (1) the annual limit of | ||||||
13 | benefits as specified in
Section 415 of the Internal Revenue | ||||||
14 | Code of 1986, as such Section may be
amended from time to time | ||||||
15 | and as such benefit limits shall be adjusted by
the | ||||||
16 | Commissioner of Internal Revenue, and (2) 80% of final rate of
| ||||||
17 | earnings.
| ||||||
18 | (d) An annuitant whose status as an employee terminates | ||||||
19 | after August 14,
1969 shall receive automatic increases in his | ||||||
20 | or her retirement annuity as
follows:
| ||||||
21 | Effective January 1 immediately following the date the | ||||||
22 | retirement annuity
begins, the annuitant shall receive an | ||||||
23 | increase in his or her monthly
retirement annuity of 0.125% of | ||||||
24 | the monthly retirement annuity provided under
Rule 1, Rule 2, | ||||||
25 | Rule 3, Rule 4, or Rule 5, contained in this
Section, | ||||||
26 | multiplied by
the number of full months which elapsed from the |
| |||||||
| |||||||
1 | date the retirement annuity
payments began to January 1, 1972, | ||||||
2 | plus 0.1667% of such annuity, multiplied by
the number of full | ||||||
3 | months which elapsed from January 1, 1972, or the date the
| ||||||
4 | retirement annuity payments began, whichever is later, to | ||||||
5 | January 1, 1978, plus
0.25% of such annuity multiplied by the | ||||||
6 | number of full months which elapsed
from January 1, 1978, or | ||||||
7 | the date the retirement annuity payments began,
whichever is | ||||||
8 | later, to the effective date of the increase.
| ||||||
9 | The annuitant shall receive an increase in his or her | ||||||
10 | monthly retirement
annuity on each January 1 thereafter during | ||||||
11 | the annuitant's life of 3% of
the monthly annuity provided | ||||||
12 | under Rule 1, Rule 2, Rule 3, Rule 4, or
Rule 5 contained
in | ||||||
13 | this Section. The change made under this subsection by P.A. | ||||||
14 | 81-970 is
effective January 1, 1980 and applies to each | ||||||
15 | annuitant whose status as
an employee terminates before or | ||||||
16 | after that date.
| ||||||
17 | Beginning January 1, 1990, all automatic annual increases | ||||||
18 | payable under
this Section shall be calculated as a percentage | ||||||
19 | of the total annuity
payable at the time of the increase, | ||||||
20 | including all increases previously
granted under this Article.
| ||||||
21 | The change made in this subsection by P.A. 85-1008 is | ||||||
22 | effective January
26, 1988, and is applicable without regard to | ||||||
23 | whether status as an employee
terminated before that date.
| ||||||
24 | (e) If, on January 1, 1987, or the date the retirement | ||||||
25 | annuity payment
period begins, whichever is later, the sum of | ||||||
26 | the retirement annuity
provided under Rule 1 or Rule 2 of this |
| |||||||
| |||||||
1 | Section
and the automatic annual increases provided under the | ||||||
2 | preceding subsection
or Section 15-136.1, amounts to less than | ||||||
3 | the retirement
annuity which would be provided by Rule 3, the | ||||||
4 | retirement
annuity shall be increased as of January 1, 1987, or | ||||||
5 | the date the
retirement annuity payment period begins, | ||||||
6 | whichever is later, to the amount
which would be provided by | ||||||
7 | Rule 3 of this Section. Such increased
amount shall be | ||||||
8 | considered as the retirement annuity in determining
benefits | ||||||
9 | provided under other Sections of this Article. This paragraph
| ||||||
10 | applies without regard to whether status as an employee | ||||||
11 | terminated before the
effective date of this amendatory Act of | ||||||
12 | 1987, provided that the annuitant was
employed at least | ||||||
13 | one-half time during the period on which the final rate of
| ||||||
14 | earnings was based.
| ||||||
15 | (f) A participant is entitled to such additional annuity as | ||||||
16 | may be provided
on an actuarially equivalent basis, by any | ||||||
17 | accumulated
additional contributions to his or her credit. | ||||||
18 | However,
the additional contributions made by the participant | ||||||
19 | toward the automatic
increases in annuity provided under this | ||||||
20 | Section shall not be taken into
account in determining the | ||||||
21 | amount of such additional annuity.
| ||||||
22 | (g) If, (1) by law, a function of a governmental unit, as | ||||||
23 | defined by Section
20-107 of this Code, is transferred in whole | ||||||
24 | or in part to an employer, and (2)
a participant transfers | ||||||
25 | employment from such governmental unit to such employer
within | ||||||
26 | 6 months after the transfer of the function, and (3) the sum of |
| |||||||
| |||||||
1 | (A) the
annuity payable to the participant under Rule 1, 2, or | ||||||
2 | 3 of this Section (B)
all proportional annuities payable to the | ||||||
3 | participant by all other retirement
systems covered by Article | ||||||
4 | 20, and (C) the initial primary insurance amount to
which the | ||||||
5 | participant is entitled under the Social Security Act, is less | ||||||
6 | than
the retirement annuity which would have been payable if | ||||||
7 | all of the
participant's pension credits validated under | ||||||
8 | Section 20-109 had been validated
under this system, a | ||||||
9 | supplemental annuity equal to the difference in such
amounts | ||||||
10 | shall be payable to the participant.
| ||||||
11 | (h) On January 1, 1981, an annuitant who was receiving
a | ||||||
12 | retirement annuity on or before January 1, 1971 shall have his | ||||||
13 | or her
retirement annuity then being paid increased $1 per | ||||||
14 | month for
each year of creditable service. On January 1, 1982, | ||||||
15 | an annuitant whose
retirement annuity began on or before | ||||||
16 | January 1, 1977, shall have his or her
retirement annuity then | ||||||
17 | being paid increased $1 per month for each year of
creditable | ||||||
18 | service.
| ||||||
19 | (i) On January 1, 1987, any annuitant whose retirement | ||||||
20 | annuity began on or
before January 1, 1977, shall have the | ||||||
21 | monthly retirement annuity increased by
an amount equal to 8ยข | ||||||
22 | per year of creditable service times the number of years
that | ||||||
23 | have elapsed since the annuity began.
| ||||||
24 | (j) For participants to whom subsection (a-5) of Section | ||||||
25 | 15-135 applies, the references to age 50, 55, and 62 in this | ||||||
26 | Section are increased as provided in subsection (a-5) of |
| |||||||
| |||||||
1 | Section 15-135. | ||||||
2 | (Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12.)
| ||||||
3 | (40 ILCS 5/16-106.4 new) | ||||||
4 | Sec. 16-106.4. Tier I member. "Tier I member": A member | ||||||
5 | under this Article who first became a member or participant | ||||||
6 | before January 1, 2011 under any reciprocal retirement system | ||||||
7 | or pension fund established under this Code other than a | ||||||
8 | retirement system or pension fund established under Article 2, | ||||||
9 | 3, 4, 5, 6, or 18 of this Code.
| ||||||
10 | (40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
| ||||||
11 | Sec. 16-132. Retirement annuity eligibility. | ||||||
12 | (a) A member who has at least 20 years of creditable | ||||||
13 | service is entitled to a
retirement annuity upon or after | ||||||
14 | attainment of age 55.
A member who has at least 10 but less | ||||||
15 | than 20 years of creditable service is
entitled to a retirement | ||||||
16 | annuity upon or after attainment of age 60.
A member who has at | ||||||
17 | least 5 but less than 10 years of creditable service is
| ||||||
18 | entitled to a retirement annuity upon or after attainment of | ||||||
19 | age 62.
A member who (i) has earned during the period | ||||||
20 | immediately preceding the last
day of service at least one year | ||||||
21 | of contributing creditable service as an
employee of a | ||||||
22 | department as defined in Section 14-103.04, (ii) has earned at
| ||||||
23 | least 5 years of contributing creditable service as an employee | ||||||
24 | of a department
as defined in Section 14-103.04, and (iii) |
| |||||||
| |||||||
1 | retires on or after January 1, 2001
is entitled to a retirement | ||||||
2 | annuity upon or after attainment of an age which,
when added to | ||||||
3 | the number of years of his or her total creditable service,
| ||||||
4 | equals at least 85. Portions of years shall be counted as | ||||||
5 | decimal equivalents.
| ||||||
6 | A member who is eligible to receive a retirement annuity of | ||||||
7 | at least 74.6% of
final average salary and will attain age 55 | ||||||
8 | on or before December 31 during the
year which commences on | ||||||
9 | July 1 shall be deemed to attain age 55 on the
preceding June | ||||||
10 | 1.
| ||||||
11 | (b) Notwithstanding subsection (a) of this Section, for a | ||||||
12 | Tier I member who begins receiving a retirement annuity under | ||||||
13 | this Article after July 1, 2013: | ||||||
14 | (1) If the Tier I member is at least 45 years old on | ||||||
15 | the effective date of this amendatory Act of the 98th | ||||||
16 | General Assembly, then the references to age 55, 60, and 62 | ||||||
17 | in subsection (a) of this Section remain unchanged and the | ||||||
18 | reference to 85 in subsection (a) of this Section remains | ||||||
19 | unchanged. | ||||||
20 | (2) If the Tier I member is at least 40 but less than | ||||||
21 | 45 years old on the effective date of this amendatory Act | ||||||
22 | of the 98th General Assembly, then the references to age | ||||||
23 | 55, 60, and 62 in subsection (a) of this Section are | ||||||
24 | increased by one year and the reference to 85 in subsection | ||||||
25 | (a) is increased to 87. | ||||||
26 | (3) If the Tier I member is at least 35 but less than |
| |||||||
| |||||||
1 | 40 years old on the effective date of this amendatory Act | ||||||
2 | of the 98th General Assembly, then the references to age | ||||||
3 | 55, 60, and 62 in subsection (a) of this Section are | ||||||
4 | increased by 3 years and the reference to 85 in subsection | ||||||
5 | (a) is increased to 91. | ||||||
6 | (4) If the Tier I member is less than 35 years old on | ||||||
7 | the effective date of this amendatory Act of the 98th | ||||||
8 | General Assembly, then the references to age 55, 60, and 62 | ||||||
9 | in subsection (a) of this Section are increased by 5 years | ||||||
10 | and the reference to 85 in subsection (a) is increased to | ||||||
11 | 95. | ||||||
12 | Notwithstanding Section 1-103.1, this subsection (b) | ||||||
13 | applies without regard to whether or not the Tier I member is | ||||||
14 | in active service under this Article on or after the effective | ||||||
15 | date of this amendatory Act of the 98th General Assembly. | ||||||
16 | (c) A member meeting the above eligibility conditions is | ||||||
17 | entitled to a retirement
annuity upon written application to | ||||||
18 | the board setting forth the date the member
wishes the | ||||||
19 | retirement annuity to commence. However, the effective date of | ||||||
20 | the
retirement annuity shall be no earlier than the day | ||||||
21 | following the last day of
creditable service, regardless of the | ||||||
22 | date of official termination of
employment.
| ||||||
23 | (d) To be eligible for a retirement annuity, a member shall | ||||||
24 | not be employed
as a teacher in the schools included under this | ||||||
25 | System or under Article 17,
except (i) as provided in Section | ||||||
26 | 16-118 or 16-150.1, (ii) if
the member is disabled (in which |
| |||||||
| |||||||
1 | event, eligibility for salary must cease),
or (iii) if the | ||||||
2 | System is required by federal law to commence
payment due to | ||||||
3 | the member's age; the changes to this sentence made by Public | ||||||
4 | Act 93-320 this
amendatory Act of the 93rd General Assembly | ||||||
5 | apply without
regard to whether the member terminated | ||||||
6 | employment before or after its
effective date.
| ||||||
7 | (Source: P.A. 93-320, eff. 7-23-03.)
| ||||||
8 | (40 ILCS 5/16-133) (from Ch. 108 1/2, par. 16-133)
| ||||||
9 | Sec. 16-133. Retirement annuity; amount.
| ||||||
10 | (a) The amount of the retirement annuity shall be (i) in | ||||||
11 | the case of a person who first became a teacher under this | ||||||
12 | Article before July 1, 2005, the larger of the
amounts | ||||||
13 | determined under paragraphs (A) and (B) below, or (ii) in the | ||||||
14 | case of a person who first becomes a teacher under this Article | ||||||
15 | on or after July 1, 2005, the amount determined under the | ||||||
16 | applicable provisions of paragraph (B):
| ||||||
17 | (A) An amount consisting of the sum of the following:
| ||||||
18 | (1) An amount that can be provided on an | ||||||
19 | actuarially equivalent basis
by the member's | ||||||
20 | accumulated contributions at the time of retirement; | ||||||
21 | and
| ||||||
22 | (2) The sum of (i) the amount that can be provided | ||||||
23 | on an actuarially
equivalent basis by the member's | ||||||
24 | accumulated contributions representing
service prior | ||||||
25 | to July 1, 1947, and (ii) the amount that can be |
| |||||||
| |||||||
1 | provided on
an actuarially equivalent basis by the | ||||||
2 | amount obtained by multiplying 1.4
times the member's | ||||||
3 | accumulated contributions covering service subsequent | ||||||
4 | to
June 30, 1947; and
| ||||||
5 | (3) If there is prior service, 2 times the amount | ||||||
6 | that would have been
determined under subparagraph (2) | ||||||
7 | of paragraph (A) above on account of
contributions | ||||||
8 | which would have been made during the period of prior | ||||||
9 | service
creditable to the member had the System been in | ||||||
10 | operation and had the
member made contributions at the | ||||||
11 | contribution rate in effect prior to
July 1, 1947.
| ||||||
12 | This paragraph (A) does not apply to a person who first | ||||||
13 | becomes a teacher under this Article on or after July 1, | ||||||
14 | 2005.
| ||||||
15 | (B) An amount consisting of the greater of the | ||||||
16 | following:
| ||||||
17 | (1) For creditable service earned before July 1, | ||||||
18 | 1998 that has not
been augmented under Section | ||||||
19 | 16-129.1: 1.67% of final average salary for
each of the | ||||||
20 | first 10 years of creditable service, 1.90% of final | ||||||
21 | average salary
for each year in excess of 10 but not | ||||||
22 | exceeding 20, 2.10% of final average
salary for each | ||||||
23 | year in excess of 20 but not exceeding 30, and 2.30% of | ||||||
24 | final
average salary for each year in excess of 30; and
| ||||||
25 | For creditable service earned on or after July 1, | ||||||
26 | 1998 by a member who
has at least 24 years of |
| |||||||
| |||||||
1 | creditable service on July 1, 1998 and who
does not | ||||||
2 | elect to augment service under Section 16-129.1: 2.2% | ||||||
3 | of final
average salary for each year of creditable | ||||||
4 | service earned on or after July 1,
1998 but before the | ||||||
5 | member reaches a total of 30 years of creditable | ||||||
6 | service
and 2.3% of final average salary for each year | ||||||
7 | of creditable service earned
on or after July 1, 1998 | ||||||
8 | and after the member reaches a total of 30 years of
| ||||||
9 | creditable service; and
| ||||||
10 | For all other creditable service: 2.2% of final | ||||||
11 | average salary
for each year of creditable service; or
| ||||||
12 | (2) 1.5% of final average salary for each year of
| ||||||
13 | creditable service plus the sum $7.50 for each of the | ||||||
14 | first 20 years of
creditable service.
| ||||||
15 | The amount of the retirement annuity determined under this | ||||||
16 | paragraph (B)
shall be reduced by 1/2 of 1% for each month | ||||||
17 | that the member is less than
age 60 at the time the | ||||||
18 | retirement annuity begins. However, this reduction
shall | ||||||
19 | not apply (i) if the member has at least 35 years of | ||||||
20 | creditable service,
or (ii) if the member retires on | ||||||
21 | account of disability under Section 16-149.2
of this | ||||||
22 | Article with at least 20 years of creditable service, or | ||||||
23 | (iii) if
the member (1) has earned during the period | ||||||
24 | immediately preceding the last
day of service at least one | ||||||
25 | year of contributing creditable service as an
employee of a | ||||||
26 | department as defined in Section 14-103.04, (2) has earned |
| |||||||
| |||||||
1 | at
least 5 years of contributing creditable service as an | ||||||
2 | employee of a department
as defined in Section 14-103.04, | ||||||
3 | (3) retires on or after January 1, 2001, and
(4) retires | ||||||
4 | having attained an age which, when added to the number of | ||||||
5 | years of
his or her total creditable service, equals at | ||||||
6 | least 85. Portions of years
shall be counted as decimal | ||||||
7 | equivalents. For participants to whom subsection (b) of | ||||||
8 | Section 16-132 applies, the reference to age 60 in this | ||||||
9 | paragraph and the reference to 85 in this paragraph are | ||||||
10 | increased as provided in subsection (b) of Section 16-132.
| ||||||
11 | (b) For purposes of this Section, final average salary | ||||||
12 | shall be the
average salary for the highest 4 consecutive years | ||||||
13 | within the last 10 years
of creditable service as determined | ||||||
14 | under rules of the board. The minimum
final average salary | ||||||
15 | shall be considered to be $2,400 per year.
| ||||||
16 | In the determination of final average salary for members | ||||||
17 | other than
elected officials and their appointees when such | ||||||
18 | appointees are allowed by
statute, that part of a member's | ||||||
19 | salary for any year beginning after June
30, 1979 which exceeds | ||||||
20 | the member's annual full-time salary rate with the
same | ||||||
21 | employer for the preceding year by more than 20% shall be | ||||||
22 | excluded.
The exclusion shall not apply in any year in which | ||||||
23 | the member's creditable
earnings are less than 50% of the | ||||||
24 | preceding year's mean salary for downstate
teachers as | ||||||
25 | determined by the survey of school district salaries provided | ||||||
26 | in
Section 2-3.103 of the School Code.
|
| |||||||
| |||||||
1 | (c) In determining the amount of the retirement annuity | ||||||
2 | under paragraph
(B) of this Section, a fractional year shall be | ||||||
3 | granted proportional credit.
| ||||||
4 | (d) The retirement annuity determined under paragraph (B) | ||||||
5 | of this Section
shall be available only to members who render | ||||||
6 | teaching service after July
1, 1947 for which member | ||||||
7 | contributions are required, and to annuitants who
re-enter | ||||||
8 | under the provisions of Section 16-150.
| ||||||
9 | (e) The maximum retirement annuity provided under | ||||||
10 | paragraph (B) of this
Section shall be 75% of final average | ||||||
11 | salary.
| ||||||
12 | (f) A member retiring after the effective date of this | ||||||
13 | amendatory Act
of 1998 shall receive a pension equal to 75% of | ||||||
14 | final average salary if the
member is qualified to receive a | ||||||
15 | retirement annuity equal to at least 74.6%
of final average | ||||||
16 | salary under this Article or as proportional annuities under
| ||||||
17 | Article 20 of this Code.
| ||||||
18 | (Source: P.A. 94-4, eff. 6-1-05.)".
|