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1 | | by far is the rapid growth of the annual pension payment, which |
2 | | increased nearly $1 billion between Fiscal Year 2012 and Fiscal |
3 | | Year 2013, and will again increase nearly $1 billion between |
4 | | Fiscal Year 2013 and Fiscal Year 2014, at which time it will |
5 | | consume approximately one-fifth of anticipated general |
6 | | revenue. |
7 | | The depth of this financial crisis became clear in 2008, |
8 | | and since that time, the State has taken significant action to |
9 | | ameliorate the State's fiscal troubles. In 2011, the State |
10 | | increased the income tax by sixty-seven percent in Public Act |
11 | | 96-1496. Recognizing that increased revenue alone would not |
12 | | solve the problem, the State has enacted a series of budgets |
13 | | that included deep cuts to nearly every discretionary program, |
14 | | including areas of the budget that are essential in order to |
15 | | provide for the health, safety, welfare, and educational |
16 | | development of the people of Illinois, such as public |
17 | | elementary, secondary, and higher education, human services, |
18 | | and public safety. |
19 | | The State has both reduced the size of its workforce and |
20 | | reduced discretionary spending. Staffing levels have reduced |
21 | | from more than 65,000 in 2001 to the current level of nearly |
22 | | 44,500. The staffing level is now the lowest it has been in at |
23 | | least the last 25 years. Discretionary spending from the |
24 | | General Revenue Fund (GRF) has been reduced by over $2.8 |
25 | | billion since Fiscal Year 2009, including reductions for |
26 | | primary education of nearly $1 billion, higher education of |
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1 | | over $230 million, public safety of over $200 million, and |
2 | | human services, including health care for the poor, of nearly |
3 | | $1.3 million. These reductions have occurred in spite of the |
4 | | rising costs of goods and services, which are particularly high |
5 | | in the area of medical goods and services, which is a |
6 | | significant area of state spending. |
7 | | In 2010, Public Act 96-889 established a package of pension |
8 | | benefits for new employees that has been determined to be among |
9 | | the least expensive public employee retirement schemes in the |
10 | | country. It can be argued that the new package of pension |
11 | | benefits has placed government employers at a competitive |
12 | | disadvantage, and our public universities, which are vital |
13 | | educational and economic institutions, have been exposed to a |
14 | | significant risk. |
15 | | In the spring of 2012, the General Assembly made |
16 | | significant reductions to the Medicaid program, passage of |
17 | | Public Acts 97-687, 97-688, 97-689, 97-690, 97-691, a series of |
18 | | reforms to the Medicaid program that is projected to reduce |
19 | | State debt by over $2.5 billion each year by decreasing |
20 | | services, increasing the rate of taxation of cigarette |
21 | | purchases, and accessing available federal funds. The |
22 | | reductions include the elimination of a prescription drug |
23 | | program for low to middle income seniors, across the board |
24 | | provider rate cuts, elimination of health care for adults whose |
25 | | families make above 133% of the federal poverty limit ($31,322 |
26 | | for a family of four), elimination of restorative dental |
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1 | | treatments for adults covered by Medicaid, and utilization |
2 | | limits on all remaining services covered by Medicaid. While the |
3 | | Medicaid reforms will result in savings for the State, these |
4 | | reforms have resulted in the denial of crucial health care to |
5 | | hundreds of thousands of needy citizens, threatening to further |
6 | | destabilize an already-troubled safety net. |
7 | | The General Assembly took significant steps to reduce the |
8 | | cost of current and retired employee health care costs. With |
9 | | Public Act 97-695, the General Assembly eliminated provisions |
10 | | that require that retired state employees with more than 20 |
11 | | years of service receive a 100% premium subsidy for retiree |
12 | | health care coverage after 20 years of service. Beginning with |
13 | | Fiscal Year 2014, State employees will be required to |
14 | | contribute significantly more toward healthcare premiums, |
15 | | copays, and deductibles. These changes to healthcare will |
16 | | result in an estimated savings of more than $900 million over |
17 | | the next two fiscal years. However, the backlog of payments to |
18 | | providers is estimated to be nearly $1.8 billion at the end of |
19 | | Fiscal Year 2013, and providers will experience a delayed |
20 | | payment cycle of up to 14 months. |
21 | | Notwithstanding these many steps and their major fiscal, |
22 | | economic, and human impact, the fiscal situation in Illinois |
23 | | continues to deteriorate. Cuts as well as the inability to pay |
24 | | bills due and owing has had a significant impact on each branch |
25 | | of government, units of local government, social service |
26 | | providers, and other vendors. |
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1 | | Two-thirds of Illinois school districts are in a budget |
2 | | deficit, even after massive layoffs and programmatic |
3 | | reductions. For Fiscal Year 2013, General State Aid payments to |
4 | | school districts are currently being prorated at 89% of the |
5 | | calculated amount. For Fiscal Year 2014, the Governor's |
6 | | introduced level of General State Aid payments would result in |
7 | | a proration of 82%. |
8 | | Illinois human service providers are experiencing |
9 | | extraordinary fiscal pressures, leading to deficit spending, |
10 | | discontinued programs, and, increasingly, bankruptcies. On |
11 | | January 19, 2012, the Jane Addams Hull House Association, one |
12 | | of the oldest and most renowned human service agencies in the |
13 | | country, founded by the first Illinoisan to win a Nobel Peace |
14 | | Prize, announced it would close due to financial difficulties. |
15 | | These manifold challenges have exposed the people of Illinois |
16 | | to very substantial harm. |
17 | | Cuts to the budget of the Department of Corrections have |
18 | | resulted in the closing of two major prisons and three Adult |
19 | | Transitional Centers. Similarly, the Department of Juvenile |
20 | | Justice was forced to close two youth centers. Funding for |
21 | | probation services to help break the cycle of recidivism and |
22 | | improve public safety have steadily declined over the past 5 |
23 | | years due to the fiscal strain on the state budget. For Fiscal |
24 | | Year 2014, the Supreme Court has requested an appropriation to |
25 | | meet statutory probation service requirements of $101,229,500; |
26 | | however, the Governor has proposed an appropriation of |
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1 | | $47,140,000 - that's 53% less than necessary to fund probation |
2 | | services required under law. |
3 | | Illinois has failed to invest the necessary resources to |
4 | | maintain a viable transportation plan in recent years. By year |
5 | | 2018, nearly 1 in every 3 miles of roads and 1 in every 10 |
6 | | bridges will be in an unacceptable condition. Recent reports |
7 | | have shown that roughly 8% of bridges in Illinois are |
8 | | structurally deficient and 7% of bridges are functionally |
9 | | obsolete. Illinois has not been able to invest the necessary |
10 | | dollars for state and local roads which has led roughly 73% of |
11 | | the roads in the state to be in poor or mediocre condition. |
12 | | The State's credit rating has consistently worsened in the |
13 | | assessment of all three major ratings agencies, the State's |
14 | | backlog of unpaid bills has not grown smaller, and the various |
15 | | non-discretionary and formula-driven expenses whose growth has |
16 | | created the lion's share of the problem are projected to |
17 | | continue unabated. Under the current payment schedule set in |
18 | | Public Act 88-593, the pension payment especially is expected |
19 | | to grow extremely rapidly until Fiscal Year 2045. |
20 | | Consequently, the coming months and years will necessarily |
21 | | see much more action by the State to achieve fiscal |
22 | | stabilization. If these steps toward fiscal stabilization do |
23 | | not include pension reform to restrain the growth of the annual |
24 | | pension payment, the result will be devastating and dramatic |
25 | | cuts to education, public safety, and transportation. The |
26 | | impact of such actions on the Illinois economy, and on the |
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1 | | health, safety, welfare, and educational development of the |
2 | | people would likely be extremely severe. This harm could |
3 | | include significant economic contraction, which would in turn |
4 | | exacerbate the underlying fiscal challenge, resulting in a |
5 | | downward spiral of standard of living and likely leading to an |
6 | | eventual inability of the state to meet its short term |
7 | | statutory and Constitutional responsibilities. |
8 | | The State has experienced well-documented pension debt |
9 | | problems for many decades. Throughout this time, General |
10 | | Assemblies and Governors have struggled to find workable |
11 | | solutions. On several occasions, most notably in the instances |
12 | | of Public Acts 88-593 and 96-889, reform efforts were heralded |
13 | | as comprehensive fixes; these claims have in each instance been |
14 | | disproven over time. |
15 | | The inadequacy of past reform efforts has resulted from two |
16 | | phenomena. First, reforms have instituted actuarially unsound |
17 | | funding schedules that masked the depth of the problem by |
18 | | deferring payments far into the future. Indeed, this practice |
19 | | led to the Securities and Exchange Commission's charging of |
20 | | Illinois with securities fraud in March 2013. Second, steps |
21 | | that were taken to reduce costs or generate funds to make |
22 | | pension payments were insufficient to make it feasible for the |
23 | | State to meet an actuarially sound funding schedule. Simply |
24 | | put, reform efforts left the State with an unaffordable pension |
25 | | liability, and in order to mask this, the State instituted |
26 | | artificial and ultimately ruinous funding schedules. |
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1 | | The General Assembly has held numerous hearings and |
2 | | reviewed hundreds of documents detailing the problem, probable |
3 | | solutions, and constitutional issues with proposed reform. |
4 | | Given that and all of the above: |
5 | | The General Assembly finds that the fiscal crisis in the |
6 | | State of Illinois jeopardizes the health, safety, and welfare |
7 | | of the people and compromises the ability to maintain a |
8 | | representative and orderly government. |
9 | | The General Assembly finds that the pension debt is so |
10 | | great, and the State's fiscal condition is so challenged, that |
11 | | it is unclear whether any set of actions by the State that do |
12 | | not include substantial reforms to its pension systems can |
13 | | result in the full payment of all promised benefits. |
14 | | The General Assembly finds that in order to truly solve the |
15 | | State's pension problem, a reform measure must render the |
16 | | pension liability affordable on an actuarially sound funding |
17 | | schedule, and it must, in a binding fashion, commit the State |
18 | | to maintaining this schedule. |
19 | | The General Assembly finds that the reforms in this |
20 | | amendatory Act of the 98th General Assembly are necessary to |
21 | | address the fiscal crisis without incurring further severe and |
22 | | irreparable harm to the public welfare. |
23 | | The General Assembly finds that this amendatory Act of the |
24 | | 98th General Assembly constitutes the substantial reform of the |
25 | | State's pension systems that, along with a series of further |
26 | | steps toward fiscal stabilization, will enable the State to |
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1 | | credibly promise the full payment of all pension benefits |
2 | | without incurring unacceptable harm to other areas of State |
3 | | interest. |
4 | | The General Assembly finds that this amendatory Act of the |
5 | | 98th General Assembly, with its significant cost-savings, its |
6 | | institution of an actuarially accepted payment schedule, and |
7 | | its historic and binding funding guarantee, is necessary and |
8 | | sufficient in order to meet these goals and solve the State's |
9 | | pension problem. |
10 | | Section 3. The Illinois Public Labor Relations Act is |
11 | | amended by changing Sections 4 and 15 and adding Section 7.5 as |
12 | | follows: |
13 | | (5 ILCS 315/4) (from Ch. 48, par. 1604)
|
14 | | Sec. 4. Management Rights. Employers shall not be required |
15 | | to bargain
over matters of inherent managerial policy, which |
16 | | shall include such areas
of discretion or policy as the |
17 | | functions of the employer, standards of
services,
its overall |
18 | | budget, the organizational structure and selection of new
|
19 | | employees, examination techniques
and direction of employees. |
20 | | Employers, however, shall be required to bargain
collectively |
21 | | with regard to
policy matters directly affecting wages, hours |
22 | | and terms and conditions of employment
as well as the impact |
23 | | thereon upon request by employee representatives , except as |
24 | | provided in Section 7.5 .
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1 | | To preserve the rights of employers and exclusive |
2 | | representatives which
have established collective bargaining |
3 | | relationships or negotiated collective
bargaining agreements |
4 | | prior to the effective date of this Act, employers
shall be |
5 | | required to bargain collectively with regard to any matter |
6 | | concerning
wages, hours or conditions of employment about which |
7 | | they have bargained
for and agreed to in a collective |
8 | | bargaining agreement
prior to the effective date of this Act , |
9 | | except as provided in Section 7.5 .
|
10 | | The chief judge of the judicial circuit that employs a |
11 | | public employee who
is
a court reporter, as defined in the |
12 | | Court Reporters Act, has the authority to
hire, appoint, |
13 | | promote, evaluate, discipline, and discharge court reporters
|
14 | | within that judicial circuit.
|
15 | | Nothing in this amendatory Act of the 94th General Assembly |
16 | | shall
be construed to intrude upon the judicial functions of |
17 | | any court. This
amendatory Act of the 94th General Assembly |
18 | | applies only to nonjudicial
administrative matters relating to |
19 | | the collective bargaining rights of court
reporters.
|
20 | | (Source: P.A. 94-98, eff. 7-1-05.)
|
21 | | (5 ILCS 315/7.5 new) |
22 | | Sec. 7.5. Duty to bargain regarding pension amendments. |
23 | | Notwithstanding any other provision of this Act, employers |
24 | | shall not be required to bargain over matters affected by the |
25 | | changes, the impact of changes, and the implementation of |
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1 | | changes made to Article 14, 15, or 16 of the Illinois Pension |
2 | | Code, or to Article 1 of that Code as it applies to those |
3 | | Articles, made by this amendatory Act of the 98th General |
4 | | Assembly or any subsequent Public Act, except with respect to |
5 | | an employment contract or collective bargaining agreement that |
6 | | is in effect on the effective date of this amendatory Act of |
7 | | the 98th General Assembly and has not been amended, renewed, or |
8 | | terminated after that date. |
9 | | In case of any conflict between this Section and any other |
10 | | provisions of this Act or any other law, the provisions of this |
11 | | Act shall control.
|
12 | | (5 ILCS 315/15) (from Ch. 48, par. 1615)
|
13 | | Sec. 15. Act Takes Precedence. |
14 | | (a) In case of any conflict between the
provisions of this |
15 | | Act and any other law (other than Section 5 of the State |
16 | | Employees Group Insurance Act of 1971 and other than the |
17 | | changes made to the Illinois Pension Code by Public Act 96-889 |
18 | | and other than as provided in Section 7.5 this amendatory Act |
19 | | of the 96th General Assembly ), executive order or |
20 | | administrative
regulation relating to wages, hours and |
21 | | conditions of employment and employment
relations, the |
22 | | provisions of this Act or any collective bargaining agreement
|
23 | | negotiated thereunder shall prevail and control.
Nothing in |
24 | | this Act shall be construed to replace or diminish the
rights |
25 | | of employees established by Sections 28 and 28a of the |
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1 | | Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 |
2 | | of the Regional Transportation
Authority Act. The provisions of |
3 | | this Act are subject to Section 7.5 of this Act and Section 5 |
4 | | of the State Employees Group Insurance Act of 1971. Nothing in |
5 | | this Act shall be construed to replace the necessity of |
6 | | complaints against a sworn peace officer, as defined in Section |
7 | | 2(a) of the Uniform Peace Officer Disciplinary Act, from having |
8 | | a complaint supported by a sworn affidavit.
|
9 | | (b) Except as provided in subsection (a) above, any |
10 | | collective bargaining
contract between a public employer and a |
11 | | labor organization executed pursuant
to this Act shall |
12 | | supersede any contrary statutes, charters, ordinances, rules
|
13 | | or regulations relating to wages, hours and conditions of |
14 | | employment and
employment relations adopted by the public |
15 | | employer or its agents. Any collective
bargaining agreement |
16 | | entered into prior to the effective date of this Act
shall |
17 | | remain in full force during its duration.
|
18 | | (c) It is the public policy of this State, pursuant to |
19 | | paragraphs (h)
and (i) of Section 6 of Article VII of the |
20 | | Illinois Constitution, that the
provisions of this Act are the |
21 | | exclusive exercise by the State of powers
and functions which |
22 | | might otherwise be exercised by home rule units. Such
powers |
23 | | and functions may not be exercised concurrently, either |
24 | | directly
or indirectly, by any unit of local government, |
25 | | including any home rule
unit, except as otherwise authorized by |
26 | | this Act.
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1 | | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11 .)
|
2 | | Section 5. The Governor's Office of Management and Budget |
3 | | Act is amended by changing Sections 7 and 8 as follows:
|
4 | | (20 ILCS 3005/7) (from Ch. 127, par. 417)
|
5 | | Sec. 7.
All statements and estimates of expenditures |
6 | | submitted to the
Office in connection with the preparation of a |
7 | | State budget, and any other
estimates of expenditures, |
8 | | supporting requests for appropriations, shall be
formulated |
9 | | according to the various functions and activities for which the
|
10 | | respective department, office or institution of the State |
11 | | government
(including the elective officers in the executive |
12 | | department and including
the University of Illinois and the |
13 | | judicial department) is responsible. All
such statements and |
14 | | estimates of expenditures relating to a particular
function or |
15 | | activity shall be further formulated or subject to analysis in
|
16 | | accordance with the following classification of objects:
|
17 | | (1) Personal services
|
18 | | (2) State contribution for employee group insurance
|
19 | | (3) Contractual services
|
20 | | (4) Travel
|
21 | | (5) Commodities
|
22 | | (6) Equipment
|
23 | | (7) Permanent improvements
|
24 | | (8) Land
|
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1 | | (9) Electronic Data Processing
|
2 | | (10) Telecommunication services
|
3 | | (11) Operation of Automotive Equipment
|
4 | | (12) Contingencies
|
5 | | (13) Reserve
|
6 | | (14) Interest
|
7 | | (15) Awards and Grants
|
8 | | (16) Debt Retirement
|
9 | | (17) Non-cost Charges .
|
10 | | (18) State retirement contribution for annual normal cost |
11 | | (19) State retirement contribution for unfunded accrued |
12 | | liability. |
13 | | (Source: P.A. 93-25, eff. 6-20-03 .)
|
14 | | (20 ILCS 3005/8) (from Ch. 127, par. 418)
|
15 | | Sec. 8.
When used in connection with a State budget or |
16 | | expenditure or
estimate, items (1) through (16) in the |
17 | | classification of objects stated in
Section 7 shall have the |
18 | | meanings ascribed to those items in Sections 14
through 24.7, |
19 | | respectively, of the State Finance Act. "An Act in relation to |
20 | | State finance",
approved June 10, 1919, as amended.
|
21 | | When used in connection with a State budget or expenditure |
22 | | or
estimate, items (18) and (19) in the classification of |
23 | | objects stated in
Section 7 shall have the meanings ascribed to |
24 | | those items in Sections 24.12 and 24.13, respectively, of the |
25 | | State Finance Act. |
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1 | | (Source: P.A. 82-325.)
|
2 | | Section 10. The State Finance Act is amended by changing |
3 | | Section 13 and by adding Sections 24.12 and 24.13 as follows:
|
4 | | (30 ILCS 105/13) (from Ch. 127, par. 149)
|
5 | | Sec. 13.
The objects and purposes for which appropriations |
6 | | are made
are classified and standardized by items as follows:
|
7 | | (1) Personal services;
|
8 | | (2) State contribution for employee group insurance;
|
9 | | (3) Contractual services;
|
10 | | (4) Travel;
|
11 | | (5) Commodities;
|
12 | | (6) Equipment;
|
13 | | (7) Permanent improvements;
|
14 | | (8) Land;
|
15 | | (9) Electronic Data Processing;
|
16 | | (10) Operation of automotive equipment;
|
17 | | (11) Telecommunications services;
|
18 | | (12) Contingencies;
|
19 | | (13) Reserve;
|
20 | | (14) Interest;
|
21 | | (15) Awards and Grants;
|
22 | | (16) Debt Retirement;
|
23 | | (17) Non-Cost Charges;
|
24 | | (18) State retirement contribution for annual normal cost; |
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1 | | (19) State retirement contribution for unfunded accrued |
2 | | liability; |
3 | | (20) (18) Purchase Contract for Real Estate.
|
4 | | When an appropriation is made to an officer, department, |
5 | | institution,
board, commission or other agency, or to a private |
6 | | association or
corporation, in one or more of the items above |
7 | | specified, such
appropriation shall be construed in accordance |
8 | | with the definitions and
limitations specified in this Act, |
9 | | unless the appropriation act
otherwise provides.
|
10 | | An appropriation for a purpose other than one specified and |
11 | | defined
in this Act may be made only as an additional, separate |
12 | | and distinct
item, specifically stating the object and purpose |
13 | | thereof.
|
14 | | (Source: P.A. 84-263; 84-264.)
|
15 | | (30 ILCS 105/24.12 new) |
16 | | Sec. 24.12. "State retirement contribution for annual |
17 | | normal cost" defined. The term "State retirement contribution |
18 | | for annual normal cost" means the portion of the total required |
19 | | State contribution to a retirement system for a fiscal year |
20 | | that represents the State's portion of the System's projected |
21 | | normal cost for that fiscal year, as determined and certified |
22 | | by the board of trustees of the retirement system in |
23 | | conformance with the applicable provisions of the Illinois |
24 | | Pension Code. |
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1 | | (30 ILCS 105/24.13 new) |
2 | | Sec. 24.13. "State retirement contribution for unfunded |
3 | | accrued liability" defined. The term "State retirement |
4 | | contribution for unfunded accrued liability" means the portion |
5 | | of the total required State contribution to a retirement system |
6 | | for a fiscal year that is not included in the State retirement |
7 | | contribution for annual normal cost. |
8 | | Section 15. The Budget Stabilization Act is amended by |
9 | | changing Sections 20 and 25 as follows: |
10 | | (30 ILCS 122/20) |
11 | | Sec. 20. Pension Stabilization Fund. |
12 | | (a) The Pension Stabilization Fund is hereby created as a |
13 | | special fund in the State treasury. Moneys in the fund shall be |
14 | | used for the sole purpose of making payments to the designated |
15 | | retirement systems as provided in Section 25.
|
16 | | (b) For each fiscal year when the General Assembly's
|
17 | | appropriations and transfers or diversions as required by law
|
18 | | from general funds do not exceed 99% of the
estimated general |
19 | | funds revenues pursuant to subsection (a)
of Section 10, the |
20 | | Comptroller shall transfer from the
General Revenue Fund as |
21 | | provided by this Section a total
amount equal to 0.5% of the |
22 | | estimated general funds revenues
to the Pension Stabilization |
23 | | Fund. |
24 | | (c) For each fiscal year through State fiscal year 2014, |
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1 | | when the General Assembly's
appropriations and transfers or |
2 | | diversions as required by law
from general funds do not exceed |
3 | | 98% of the
estimated general funds revenues pursuant to |
4 | | subsection (b)
of Section 10, the Comptroller shall transfer |
5 | | from the
General Revenue Fund as provided by this Section a |
6 | | total
amount equal to 1.0% of the estimated general funds |
7 | | revenues
to the Pension Stabilization Fund. |
8 | | (c-10) In State fiscal year 2020 and each fiscal year |
9 | | thereafter until terminated under subsection (c-15), the State |
10 | | Comptroller shall order transferred and the State Treasurer |
11 | | shall transfer $1,000,000,000 from the General Revenue Fund to |
12 | | the Pension Stabilization Fund. |
13 | | (c-15) The transfers made pursuant to subsection (c-10) of |
14 | | this Section shall terminate at the end of State fiscal year |
15 | | 2045 or when each of the designated retirement systems, as |
16 | | defined in Section 25, has achieved the funding ratio |
17 | | prescribed by law for that retirement system, whichever occurs |
18 | | first; provided that those transfers shall not be made after |
19 | | any provision of this amendatory Act of the 98th General |
20 | | Assembly is held invalid other than as applied to a particular |
21 | | person or circumstance. |
22 | | (d) The Comptroller shall transfer 1/12 of the total
amount |
23 | | to be transferred each fiscal year under this Section
into the |
24 | | Pension Stabilization Fund on the first day of each
month of |
25 | | that fiscal year or as soon thereafter as possible; except that |
26 | | the final transfer of the fiscal year shall be made as soon as |
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1 | | practical after the August 31 following the end of the fiscal |
2 | | year. |
3 | | Until State fiscal year 2015, before Before the final |
4 | | transfer for a fiscal year is made, the Comptroller shall |
5 | | reconcile the estimated general funds revenues used in |
6 | | calculating the other transfers under this Section for that |
7 | | fiscal year with the actual general funds revenues for that |
8 | | fiscal year. The
final transfer for the fiscal year shall be |
9 | | adjusted so that the
total amount transferred under this |
10 | | Section for that fiscal year is equal to the percentage |
11 | | specified in subsection
(b) or (c) of this Section, whichever |
12 | | is applicable, of the actual
general funds revenues for that |
13 | | fiscal year. The actual general funds revenues for the fiscal |
14 | | year shall be calculated in a manner consistent with subsection |
15 | | (c) of
Section 10 of this Act.
|
16 | | (Source: P.A. 94-839, eff. 6-6-06.) |
17 | | (30 ILCS 122/25)
|
18 | | Sec. 25. Transfers from the Pension Stabilization Fund. |
19 | | (a) As used in this Section, "designated retirement |
20 | | systems" means: |
21 | | (1) the State Employees' Retirement System of
|
22 | | Illinois; |
23 | | (2) the Teachers' Retirement System of the State of
|
24 | | Illinois; |
25 | | (3) the State Universities Retirement System; |
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1 | | (4) the Judges Retirement System of Illinois; and |
2 | | (5) the General Assembly Retirement System. |
3 | | (b) As soon as may be practical after any money is |
4 | | deposited into the Pension Stabilization Fund, the State |
5 | | Comptroller shall apportion the deposited amount among the |
6 | | designated retirement systems and the State Comptroller and |
7 | | State Treasurer shall pay the apportioned amounts to the |
8 | | designated retirement systems. The amount deposited shall be |
9 | | apportioned among the designated retirement systems in the same |
10 | | proportion as their respective portions of the
total actuarial |
11 | | reserve deficiency of the designated retirement systems, as |
12 | | most
recently determined by the Governor's Office of Management |
13 | | and
Budget. Amounts received by a designated retirement system |
14 | | under this Section shall be used for funding the unfunded |
15 | | liabilities of the retirement system. Payments under this |
16 | | Section are authorized by the continuing appropriation under |
17 | | Section 1.7 of the State Pension Funds Continuing Appropriation |
18 | | Act. |
19 | | (c) At the request of the State Comptroller, the Governor's |
20 | | Office of Management and Budget shall
determine the individual |
21 | | and total actuarial reserve deficiencies of the
designated |
22 | | retirement systems. For this purpose, the
Governor's Office of |
23 | | Management and Budget shall consider the
latest available audit |
24 | | and actuarial reports of each of the
retirement systems and the |
25 | | relevant reports and statistics of
the Public Pension Division |
26 | | of the Department of
Financial and Professional Regulation. |
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1 | | (d) Payments to the designated retirement systems under |
2 | | this Section shall be in addition to, and not in lieu of, any |
3 | | State contributions required under Section 2-124, 14-131, |
4 | | 15-155, 16-158, or 18-131 of the Illinois Pension Code. |
5 | | Payments to the designated retirement systems under this |
6 | | Section, transferred after the effective date of this |
7 | | amendatory Act of the 98th General Assembly, do not reduce and |
8 | | do not constitute payment of any portion of the required State |
9 | | contribution under Article 2, 14, 15, 16, or 18 of the Illinois |
10 | | Pension Code in that fiscal year. Such amounts shall not |
11 | | reduce, and shall not be included in the calculation of, the |
12 | | required State contribution under Article 2, 14, 15, 16, or 18 |
13 | | of the Illinois Pension Code in any future year, until the |
14 | | designated retirement system has received payment of |
15 | | contributions pursuant to this Act.
|
16 | | (Source: P.A. 94-839, eff. 6-6-06.) |
17 | | Section 20. The Illinois Pension Code is amended by |
18 | | changing Sections 1-103.3, 2-108, 2-108.1, 2-119, 2-119.1, |
19 | | 2-121.1, 2-124, 2-125, 2-126, 2-134, 2-162, 7-109, 7-114, |
20 | | 7-116, 7-139, 9-219, 9-220, 14-103.10, 14-104.3, 14-106, |
21 | | 14-107, 14-108, 14-110, 14-114, 14-131, 14-132, 14-133, |
22 | | 14-135.08, 14-152.1, 15-106, 15-107, 15-111, 15-112, 15-113.4, |
23 | | 15-113.7, 15-125, 15-135, 15-136, 15-155, 15-156, 15-157, |
24 | | 15-165, 15-198, 16-106, 16-121, 16-127, 16-132, 16-133, |
25 | | 16-133.1, 16-152, 16-158, 16-158.1, 16-203, 17-116, and 17-134 |
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1 | | and by adding Sections 2-105.1, 2-105.2, 2-126.5, 14-103.40, |
2 | | 14-103.41, 14-133.5 15-107.1, 15-107.2, 15-157.5, 16-106.4, |
3 | | 16-106.5, 16-152.5 and 16-158.2 as follows:
|
4 | | (40 ILCS 5/1-103.3)
|
5 | | Sec. 1-103.3. Application of 1994 amendment; funding |
6 | | standard.
|
7 | | (a) The provisions of Public Act 88-593 this amendatory Act |
8 | | of 1994 that change the method of
calculating, certifying, and |
9 | | paying the required State contributions to the
retirement |
10 | | systems established under Articles 2, 14, 15, 16, and 18 shall
|
11 | | first apply to the State contributions required for State |
12 | | fiscal year 1996.
|
13 | | (b) (Blank) The General Assembly declares that a funding |
14 | | ratio (the ratio of a
retirement system's total assets to its |
15 | | total actuarial liabilities) of 90% is
an appropriate goal for |
16 | | State-funded retirement systems in Illinois, and it
finds that |
17 | | a funding ratio of 90% is now the generally-recognized norm
|
18 | | throughout the nation for public employee retirement systems |
19 | | that are
considered to be financially secure and funded in an |
20 | | appropriate and
responsible manner .
|
21 | | (c) Every 5 years, beginning in 1999, the Commission on |
22 | | Government Forecasting and Accountability, in consultation |
23 | | with the affected retirement systems and the
Governor's Office |
24 | | of Management and Budget (formerly
Bureau
of the Budget), shall |
25 | | consider and determine whether the funding goals 90% funding |
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1 | | ratio
adopted in Articles 2, 14, 15, 16, and 18 of this Code |
2 | | continue subsection (b) continues to represent an appropriate |
3 | | funding goals goal for
those State-funded retirement systems in |
4 | | Illinois , and it shall report its findings
and recommendations |
5 | | on this subject to the Governor and the General Assembly.
|
6 | | (Source: P.A. 93-1067, eff. 1-15-05.)
|
7 | | (40 ILCS 5/2-105.1 new) |
8 | | Sec. 2-105.1. Tier I participant. "Tier I participant": A |
9 | | participant who first became a participant before January 1, |
10 | | 2011. |
11 | | (40 ILCS 5/2-105.2 new) |
12 | | Sec. 2-105.2. Tier I retiree. "Tier I retiree" means a |
13 | | former Tier I participant who is receiving a retirement |
14 | | annuity.
|
15 | | (40 ILCS 5/2-108) (from Ch. 108 1/2, par. 2-108)
|
16 | | Sec. 2-108. Salary. "Salary": (1) For members of the |
17 | | General Assembly,
the total compensation paid to the member by |
18 | | the State for one
year of service, including the additional |
19 | | amounts, if any, paid to
the member as an officer pursuant to |
20 | | Section 1 of "An Act
in relation to the compensation and |
21 | | emoluments of the members of the
General Assembly", approved |
22 | | December 6, 1907, as now or hereafter
amended.
|
23 | | (2) For the State executive officers specified
in Section |
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1 | | 2-105, the total compensation paid to the member for one year
|
2 | | of service.
|
3 | | (3) For members of the System who are participants under |
4 | | Section
2-117.1, or who are serving as Clerk or Assistant Clerk |
5 | | of the House of
Representatives or Secretary or Assistant |
6 | | Secretary of the Senate, the
total compensation paid to the |
7 | | member for one year of service, but not to
exceed the salary of |
8 | | the highest salaried officer of the General Assembly.
|
9 | | However, in the event that federal law results in any |
10 | | participant
receiving imputed income based on the value of |
11 | | group term life insurance
provided by the State, such imputed |
12 | | income shall not be included in salary
for the purposes of this |
13 | | Article.
|
14 | | Notwithstanding any other provision of this Code, the |
15 | | salary of a participant for the purposes of this Code shall not |
16 | | exceed, for periods of service in a term of office beginning on |
17 | | or after the effective date of this amendatory Act of the 98th |
18 | | General Assembly, the greater of (i) the limitation determined |
19 | | from time to time under subsection (b-5) of Section 1-160 of |
20 | | this Code for persons subject to that Section or (ii) the |
21 | | annual salary of the participant during the 365 days |
22 | | immediately preceding that effective date. |
23 | | |
24 | | (Source: P.A. 86-27; 86-273; 86-1028; 86-1488.)
|
25 | | (40 ILCS 5/2-108.1) (from Ch. 108 1/2, par. 2-108.1)
|
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1 | | Sec. 2-108.1. Highest salary for annuity purposes.
|
2 | | (a) "Highest salary for annuity purposes" means whichever |
3 | | of
the following is applicable to the participant:
|
4 | | Except as otherwise provided below, for For a participant |
5 | | who first becomes a participant of this System before August |
6 | | 10, 2009 (the effective date of Public Act 96-207):
|
7 | | (1) For a participant who is a member of the General |
8 | | Assembly on his
or her last day of service: the highest |
9 | | salary that is prescribed by law,
on the participant's last |
10 | | day of service, for a member of the General
Assembly who is |
11 | | not an officer; plus, if the participant was elected or
|
12 | | appointed to serve as an officer of the General Assembly |
13 | | for 2 or more
years and has made contributions as required |
14 | | under subsection (d) of
Section 2-126, the highest |
15 | | additional amount of compensation prescribed by
law, at the |
16 | | time of the participant's service as an officer, for |
17 | | members of
the General Assembly who serve in that office.
|
18 | | (2) For a participant who holds one of the State |
19 | | executive offices
specified in Section 2-105 on his or her |
20 | | last day of service: the highest
salary prescribed by law |
21 | | for service in that office on the participant's
last day of |
22 | | service.
|
23 | | (3) For a participant who is Clerk or Assistant Clerk |
24 | | of the House of Representatives or Secretary or Assistant |
25 | | Secretary of the Senate
on his or her last day of service: |
26 | | the salary received for service in that
capacity on the |
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1 | | last day of service, but not to exceed the highest salary
|
2 | | (including additional compensation for service as an |
3 | | officer) that is
prescribed by law on the participant's |
4 | | last day of service for the highest
paid officer of the |
5 | | General Assembly.
|
6 | | (4) For a participant who is a continuing participant |
7 | | under Section
2-117.1 on his or her last day of service: |
8 | | the salary received for service
in that capacity on the |
9 | | last day of service, but not to exceed the highest
salary |
10 | | (including additional compensation for service as an |
11 | | officer) that
is prescribed by law on the participant's |
12 | | last day of service for the
highest paid officer of the |
13 | | General Assembly.
|
14 | | Except as otherwise provided below, for For a participant |
15 | | who first becomes a participant of this System on or after |
16 | | August 10, 2009 (the effective date of Public Act 96-207) and |
17 | | before January 1, 2011 (the effective date of Public Act |
18 | | 96-889), the average monthly salary obtained by dividing the |
19 | | total salary of the participant during the period of: (1) the |
20 | | 48 consecutive months of service within the last 120 months of |
21 | | service in which the total compensation was the highest, or (2) |
22 | | the total period of service, if less than 48 months, by the |
23 | | number of months of service in that period. |
24 | | Except as otherwise provided below, for For a participant |
25 | | who first becomes a participant of this System on or after |
26 | | January 1, 2011 (the effective date of Public Act 96-889), the |
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1 | | average monthly salary obtained by dividing the total salary of |
2 | | the participant during the 96 consecutive months of service |
3 | | within the last 120 months of service in which the total |
4 | | compensation was the highest by the number of months of service |
5 | | in that period; however, for periods of service in a term of |
6 | | office beginning on or after January 1, 2011 and before the |
7 | | effective date of this amendatory Act of the 98th General |
8 | | Assembly , the highest salary for annuity purposes may not |
9 | | exceed $106,800, except that that amount shall annually |
10 | | thereafter be increased by the lesser of (i) 3% of that amount, |
11 | | including all previous adjustments, or (ii) the annual |
12 | | unadjusted percentage increase (but not less than zero) in the |
13 | | consumer price index-u
for the 12 months ending with the |
14 | | September preceding each November 1. "Consumer price index-u" |
15 | | means
the index published by the Bureau of Labor Statistics of |
16 | | the United States
Department of Labor that measures the average |
17 | | change in prices of goods and
services purchased by all urban |
18 | | consumers, United States city average, all
items, 1982-84 = |
19 | | 100. The new amount resulting from each annual adjustment
shall |
20 | | be determined by the Public Pension Division of the Department |
21 | | of Insurance and made available to the Board by November 1 of |
22 | | each year until there is no longer any such participant who is |
23 | | in service in a term of office that began before the effective |
24 | | date of this amendatory Act of the 98th General Assembly . |
25 | | Notwithstanding any other provision of this Section, in |
26 | | determining the highest salary for annuity purposes of a |
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1 | | participant who is in service in a term of office beginning on |
2 | | or after the effective date of this amendatory Act of the 98th |
3 | | General Assembly, the participant's salary for periods of |
4 | | service in a term of office beginning on or after that |
5 | | effective date shall not exceed the greater of (i) the |
6 | | limitation on salary determined from time to time under |
7 | | subsection (b-5) of Section 1-160 of this Code for persons |
8 | | subject to that Section or (ii) the annual salary of the |
9 | | participant during the 365 days immediately preceding that |
10 | | effective date. |
11 | | (b) The earnings limitations of subsection (a) apply to |
12 | | earnings
under any other participating system under the |
13 | | Retirement Systems Reciprocal
Act that are considered in |
14 | | calculating a proportional annuity under this
Article, except |
15 | | in the case of a person who first became a member of this
|
16 | | System before August 22,
1994 and has not, on or after the |
17 | | effective date of this amendatory Act of the 97th General |
18 | | Assembly, irrevocably elected to have those limitations apply. |
19 | | The limitations of subsection (a) shall apply, however, to |
20 | | earnings
under any other participating system under the |
21 | | Retirement Systems Reciprocal
Act that are considered in |
22 | | calculating the proportional annuity of a person who first |
23 | | became a member of this
System before August 22,
1994 if, on or |
24 | | after the effective date of this amendatory Act of the 97th |
25 | | General Assembly, that member irrevocably elects to have those |
26 | | limitations apply.
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1 | | (c) In calculating the subsection (a) earnings limitation |
2 | | to be applied to
earnings under any other participating system |
3 | | under the Retirement Systems
Reciprocal Act for the purpose of |
4 | | calculating a proportional annuity under this
Article, the |
5 | | participant's last day of service shall be deemed to mean the |
6 | | last
day of service in any participating system from which the |
7 | | person has applied
for a proportional annuity under the |
8 | | Retirement Systems Reciprocal Act.
|
9 | | (Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11; |
10 | | 96-1490, eff. 1-1-11; 97-967, eff. 8-16-12.)
|
11 | | (40 ILCS 5/2-119) (from Ch. 108 1/2, par. 2-119)
|
12 | | Sec. 2-119. Retirement annuity - conditions for |
13 | | eligibility. |
14 | | (a)
A participant whose service as a
member is terminated, |
15 | | regardless of age or cause, is entitled to a retirement
annuity |
16 | | beginning on the date specified by the participant in
a written |
17 | | application subject to the following conditions:
|
18 | | 1. The date the annuity begins does not precede
the |
19 | | date of final
termination of service, or is not more than |
20 | | 30 days before the receipt
of the application
by the board |
21 | | in the case of annuities based on disability or one year |
22 | | before
the receipt of the application in the case of |
23 | | annuities
based on attained age;
|
24 | | 2. The participant meets one of the following |
25 | | eligibility requirements: |
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1 | | For a participant who first becomes a participant of |
2 | | this System before January 1, 2011 (the effective date of |
3 | | Public Act 96-889):
|
4 | | (A) He or she has attained age 55 and has at least |
5 | | 8 years of service credit;
|
6 | | (B) He or she has attained age 62 and terminated |
7 | | service after July 1,
1971 with at least 4 years of |
8 | | service credit; or
|
9 | | (C) He or she has completed 8 years of service and |
10 | | has become
permanently disabled and as a consequence, |
11 | | is unable to perform the duties
of his or her office.
|
12 | | For a participant who first becomes a participant of |
13 | | this System on or after January 1, 2011 (the effective date |
14 | | of Public Act 96-889), he or she has attained age 67 and |
15 | | has at least 8 years of service credit. |
16 | | (a-5) Notwithstanding subsection (a) of this Section, for a |
17 | | Tier I participant who begins receiving a retirement annuity |
18 | | under this Section on or after July 1, 2013: |
19 | | (1) If the Tier I participant is at least 45 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 remain unchanged. |
23 | | (2) If the Tier I participant is at least 40 but less |
24 | | than 45 years old on the effective date of this amendatory |
25 | | Act of the 98th General Assembly, then the references to |
26 | | age 55 and 62 in subsection (a) of this Section are |
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1 | | increased by one year. |
2 | | (3) If the Tier I participant is at least 35 but less |
3 | | than 40 years old on the effective date of this amendatory |
4 | | Act of the 98th General Assembly, then the references to |
5 | | age 55 and 62 in subsection (a) of this Section are |
6 | | increased by 3 years. |
7 | | (4) If the Tier I participant is less than 35 years old |
8 | | on the effective date of this amendatory Act of the 98th |
9 | | General Assembly, then the references to age 55 and 62 in |
10 | | subsection (a) of this Section are increased by 5 years. |
11 | | Notwithstanding Section 1-103.1, this subsection (a-5) |
12 | | applies without regard to whether or not the Tier I member is |
13 | | in active service under this Article on or after the effective |
14 | | date of this amendatory Act of the 98th General Assembly. |
15 | | (a-5) A participant who first becomes a participant of this |
16 | | System on or after January 1, 2011 (the effective date of |
17 | | Public Act 96-889) who has attained age 62 and has at least 8 |
18 | | years of service credit may elect to receive the lower |
19 | | retirement annuity provided
in paragraph (c) of Section |
20 | | 2-119.01 of this Code. |
21 | | (b) A participant shall be considered permanently disabled |
22 | | only if:
(1) disability occurs while in service and is
of such |
23 | | a nature
as to prevent him or her from reasonably performing |
24 | | the duties of his
or her office at
the time; and (2) the board |
25 | | has received a written certificate by at
least 2 licensed |
26 | | physicians appointed by the board stating that the member is
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1 | | disabled and that the disability is likely to be permanent.
|
2 | | (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
|
3 | | (40 ILCS 5/2-119.1) (from Ch. 108 1/2, par. 2-119.1)
|
4 | | Sec. 2-119.1. Automatic increase in retirement annuity.
|
5 | | (a) Except as provided in subsections (a-1) and (a-2), a A |
6 | | participant who retires after June 30, 1967, and who has not
|
7 | | received an initial increase under this Section before the |
8 | | effective date
of this amendatory Act of 1991, shall, in |
9 | | January or July next following
the first anniversary of |
10 | | retirement, whichever occurs first, and in the same
month of |
11 | | each year thereafter, but in no event prior to age 60, have the |
12 | | amount
of the originally granted retirement annuity increased |
13 | | as follows: for each
year through 1971, 1 1/2%; for each year |
14 | | from 1972 through 1979, 2%; and for
1980 and each year |
15 | | thereafter, 3%. Annuitants who have received an initial
|
16 | | increase under this subsection prior to the effective date of |
17 | | this amendatory
Act of 1991 shall continue to receive their |
18 | | annual increases in the same month
as the initial increase.
|
19 | | (a-1) Notwithstanding any other provision of this Article, |
20 | | for a Tier I retiree, the amount of each automatic annual |
21 | | increase in retirement annuity occurring on or after the |
22 | | effective date of this amendatory Act of the 98th General |
23 | | Assembly shall be 3% of the lesser of (1) the total annuity
|
24 | | payable at the time of the increase, including previous
|
25 | | increases granted, or (2) $1,000 multiplied by the number of |
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1 | | years of creditable service upon which the annuity is based. |
2 | | (a-2) Notwithstanding any other provision of this Article, |
3 | | for a Tier I retiree, the monthly retirement annuity shall |
4 | | first be subject to annual increases on the January 1 occurring |
5 | | on or next after the attainment of age 67 or the January 1 |
6 | | occurring on or next after the fifth anniversary of the annuity |
7 | | start date, whichever occurs earlier. If on the effective date |
8 | | of this amendatory Act of the 98th General Assembly a Tier I |
9 | | retiree has already received an annual increase under this |
10 | | Section but does not yet meet the new eligibility requirements |
11 | | of this subsection, the annual increases already received shall |
12 | | continue in force, but no additional annual increase shall be |
13 | | granted until the Tier I retiree meets the new eligibility |
14 | | requirements. |
15 | | (a-3) Notwithstanding Section 1-103.1, subsections (a-1) |
16 | | and (a-2) apply without regard to whether or not the Tier I |
17 | | retiree is in active service under this Article on or after the |
18 | | effective date of this amendatory Act of the 98th General |
19 | | Assembly. |
20 | | (b) Beginning January 1, 1990, for eligible participants |
21 | | who remain
in service after attaining 20 years of creditable |
22 | | service, the 3% increases
provided under subsection (a) shall |
23 | | begin to accrue on the January 1 next
following the date upon |
24 | | which the participant (1) attains age 55, or (2)
attains 20 |
25 | | years of creditable service, whichever occurs later, and shall
|
26 | | continue to accrue while the participant remains in service; |
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1 | | such increases
shall become payable on January 1 or July 1, |
2 | | whichever occurs first, next
following the first anniversary of |
3 | | retirement. For any person who has service
credit in the System |
4 | | for the entire period from January 15, 1969 through
December |
5 | | 31, 1992, regardless of the date of termination of service, the
|
6 | | reference to age 55 in clause (1) of this subsection (b) shall |
7 | | be deemed to
mean age 50.
|
8 | | This subsection (b) does not apply to any person who first |
9 | | becomes a
member of the System after August 8, 2003 ( the |
10 | | effective date of Public Act 93-494) this amendatory Act of
the |
11 | | 93rd General Assembly .
|
12 | | (b-5) Notwithstanding any other provision of this Article, |
13 | | a participant who first becomes a participant on or after |
14 | | January 1, 2011 (the effective date of Public Act 96-889) |
15 | | shall, in January or July next following the first anniversary |
16 | | of retirement, whichever occurs first, and in the same month of |
17 | | each year thereafter, but in no event prior to age 67, have the |
18 | | amount of the originally granted retirement annuity then being |
19 | | paid increased by 3% or one-half the annual unadjusted |
20 | | percentage increase in the Consumer Price Index for All Urban |
21 | | Consumers as determined by the Public Pension Division of the |
22 | | Department of Insurance under subsection (b-5) (a) of Section |
23 | | 1-160 2-108.1 , whichever is less. The changes made to this |
24 | | subsection by this amendatory Act of the 98th General Assembly |
25 | | do not apply to any automatic annual increase granted under |
26 | | this subsection (b-5) before the effective date of this |
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1 | | amendatory Act. |
2 | | (c) The foregoing provisions relating to automatic |
3 | | increases are not
applicable to a participant who retires |
4 | | before having made contributions
(at the rate prescribed in |
5 | | Section 2-126) for automatic increases for less
than the |
6 | | equivalent of one full year. However, in order to be eligible |
7 | | for
the automatic increases, such a participant may make |
8 | | arrangements to pay
to the system the amount required to bring |
9 | | the total contributions for the
automatic increase to the |
10 | | equivalent of one year's contributions based upon
his or her |
11 | | last salary.
|
12 | | (d) A participant who terminated service prior to July 1, |
13 | | 1967, with at
least 14 years of service is entitled to an |
14 | | increase in retirement annuity
beginning January, 1976, and to |
15 | | additional increases in January of each
year thereafter.
|
16 | | The initial increase shall be 1 1/2% of the originally |
17 | | granted retirement
annuity multiplied by the number of full |
18 | | years that the annuitant was in
receipt of such annuity prior |
19 | | to January 1, 1972, plus 2% of the originally
granted |
20 | | retirement annuity for each year after that date. The |
21 | | subsequent
annual increases shall be at the rate of 2% of the |
22 | | originally granted
retirement annuity for each year through |
23 | | 1979 and at the rate of 3% for
1980 and thereafter.
|
24 | | (e) Beginning January 1, 1990, all automatic annual |
25 | | increases payable
under this Section shall be calculated as a |
26 | | percentage of the total annuity
payable at the time of the |
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1 | | increase, including previous increases granted
under this |
2 | | Article.
|
3 | | (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
|
4 | | (40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1)
|
5 | | Sec. 2-121.1. Survivor's annuity - amount.
|
6 | | (a) A surviving spouse shall be entitled to 66 2/3% of the |
7 | | amount of
retirement annuity to which the participant or |
8 | | annuitant was entitled on
the date of death, without regard to |
9 | | whether the participant had attained
age 55 prior to his or her |
10 | | death, subject to a minimum payment of 10% of
salary. If a |
11 | | surviving spouse, regardless of age, has in his or her care
at |
12 | | the date of death any eligible child or children of the |
13 | | participant, the
survivor's annuity shall be the greater of the |
14 | | following: (1) 66 2/3% of
the amount of retirement annuity to |
15 | | which the participant or annuitant was
entitled on the date of |
16 | | death, or (2) 30% of the participant's salary
increased by 10% |
17 | | of salary on account of each such child, subject to a
total |
18 | | payment for the surviving spouse and children of 50% of salary. |
19 | | If
eligible children survive but there is no surviving spouse, |
20 | | or if the
surviving spouse dies or becomes disqualified by
|
21 | | remarriage while eligible children survive, each
eligible |
22 | | child shall be entitled to an annuity of 20% of salary, subject
|
23 | | to a maximum total payment for all such children of 50% of |
24 | | salary.
|
25 | | However, the survivor's annuity payable under this Section |
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1 | | shall not be
less than 100% of the amount of retirement annuity |
2 | | to which the participant
or annuitant was entitled on the date |
3 | | of death, if he or she is survived by
a dependent disabled |
4 | | child.
|
5 | | The salary to be used for determining these benefits shall |
6 | | be the
salary used for determining the amount of retirement |
7 | | annuity as provided
in Section 2-119.01.
|
8 | | (b) Upon the death of a participant after the termination |
9 | | of service or
upon death of an annuitant, the maximum total |
10 | | payment to a surviving spouse
and eligible children, or to |
11 | | eligible children alone if there is no surviving
spouse, shall |
12 | | be 75% of the retirement annuity to which the participant
or |
13 | | annuitant was entitled, unless there is a dependent disabled |
14 | | child
among the survivors.
|
15 | | (c) When a child ceases to be an eligible child, the |
16 | | annuity to that
child, or to the surviving spouse on account of |
17 | | that child, shall thereupon
cease, and the annuity payable to |
18 | | the surviving spouse or other eligible
children shall be |
19 | | recalculated if necessary.
|
20 | | Upon the ineligibility of the last eligible child, the |
21 | | annuity shall
immediately revert to the amount payable upon |
22 | | death of a participant or
annuitant who leaves no eligible |
23 | | children. If the surviving spouse is then
under age 50, the |
24 | | annuity as revised shall be deferred until the attainment
of |
25 | | age 50.
|
26 | | (d) Beginning January 1, 1990, every survivor's annuity |
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1 | | shall be increased
(1) on each January 1 occurring on or after |
2 | | the commencement of the annuity if
the deceased member died |
3 | | while receiving a retirement annuity, or (2) in
other cases, on |
4 | | each January 1 occurring on or after the first anniversary
of |
5 | | the commencement of the annuity, by an amount equal to 3% of |
6 | | the current
amount of the annuity, including any previous |
7 | | increases under this Article.
Such increases shall apply |
8 | | without regard to whether the deceased member
was in service on |
9 | | or after the effective date of this amendatory Act of
1991, but |
10 | | shall not accrue for any period prior to January 1, 1990.
|
11 | | (d-5) Notwithstanding any other provision of this Article, |
12 | | the initial survivor's annuity of a survivor of a participant |
13 | | who first becomes a participant on or after January 1, 2011 |
14 | | (the effective date of Public Act 96-889) shall be in the |
15 | | amount of 66 2/3% of the amount of the retirement annuity to |
16 | | which the participant or annuitant was entitled on the date of |
17 | | death and shall be increased (1) on each January 1 occurring on |
18 | | or after the commencement of the annuity if
the deceased member |
19 | | died while receiving a retirement annuity or (2) in
other |
20 | | cases, on each January 1 occurring on or after the first |
21 | | anniversary
of the commencement of the annuity, by an amount |
22 | | equal to 3% or one-half the annual unadjusted percentage |
23 | | increase in the Consumer Price Index for All Urban Consumers as |
24 | | determined by the Public Pension Division of the Department of |
25 | | Insurance under subsection (b-5) (a) of Section 1-160 2-108.1 , |
26 | | whichever is less, of the originally granted survivor's annuity |
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1 | | then being paid . The changes made to this subsection by this |
2 | | amendatory Act of the 98th General Assembly do not apply to any |
3 | | automatic annual increase granted under this subsection (d-5) |
4 | | before the effective date of this amendatory Act. |
5 | | (e) Notwithstanding any other provision of this Article, |
6 | | beginning
January 1, 1990, the minimum survivor's annuity |
7 | | payable to any person who
is entitled to receive a survivor's |
8 | | annuity under this Article shall be
$300 per month, without |
9 | | regard to whether or not the deceased participant
was in |
10 | | service on the effective date of this amendatory Act of 1989.
|
11 | | (f) In the case of a proportional survivor's annuity |
12 | | arising under
the Retirement Systems Reciprocal Act where the |
13 | | amount payable by the
System on January 1, 1993 is less than |
14 | | $300 per month, the amount payable
by the System shall be |
15 | | increased beginning on that date by a monthly amount
equal to |
16 | | $2 for each full year that has expired since the annuity began.
|
17 | | (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
|
18 | | (40 ILCS 5/2-124) (from Ch. 108 1/2, par. 2-124)
|
19 | | Sec. 2-124. Contributions by State.
|
20 | | (a) The State shall make contributions to the System by
|
21 | | appropriations of amounts which, together with the |
22 | | contributions of
participants, interest earned on investments, |
23 | | and other income
will meet the cost of maintaining and |
24 | | administering the System on a 100% 90%
funded basis in |
25 | | accordance with actuarial recommendations by the end of State |
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1 | | fiscal year 2044 .
|
2 | | (b) The Board shall determine the amount of State
|
3 | | contributions required for each fiscal year on the basis of the
|
4 | | actuarial tables and other assumptions adopted by the Board and |
5 | | the
prescribed rate of interest, using the formula in |
6 | | subsection (c).
|
7 | | (c) For State fiscal years 2015 through 2044, the minimum |
8 | | contribution
to the System to be made by the State for each |
9 | | fiscal year shall be an amount
determined by the System to be |
10 | | equal to the sum of (1) the State's portion of the projected |
11 | | normal cost for that fiscal year, plus (2) an amount sufficient |
12 | | to bring the total assets of the
System up to 100% of the total |
13 | | actuarial liabilities of the System by the end of
State fiscal |
14 | | year 2044. In making these determinations, the required State
|
15 | | contribution shall be calculated each year as a level |
16 | | percentage of payroll
over the years remaining to and including |
17 | | fiscal year 2044 and shall be
determined under the entry age |
18 | | normal actuarial cost method. |
19 | | For State fiscal years 2012 through 2014 2045 , the minimum |
20 | | contribution
to the System to be made by the State for each |
21 | | fiscal year shall be an amount
determined by the System to be |
22 | | sufficient to bring the total assets of the
System up to 90% of |
23 | | the total actuarial liabilities of the System by the end of
|
24 | | State fiscal year 2045. In making these determinations, the |
25 | | required State
contribution shall be calculated each year as a |
26 | | level percentage of payroll
over the years remaining to and |
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1 | | including fiscal year 2045 and shall be
determined under the |
2 | | projected unit credit actuarial cost method.
|
3 | | For State fiscal years 1996 through 2005, the State |
4 | | contribution to
the System, as a percentage of the applicable |
5 | | employee payroll, shall be
increased in equal annual increments |
6 | | so that by State fiscal year 2011, the
State is contributing at |
7 | | the rate required under this Section.
|
8 | | Notwithstanding any other provision of this Article, the |
9 | | total required State
contribution for State fiscal year 2006 is |
10 | | $4,157,000.
|
11 | | Notwithstanding any other provision of this Article, the |
12 | | total required State
contribution for State fiscal year 2007 is |
13 | | $5,220,300.
|
14 | | For each of State fiscal years 2008 through 2009, the State |
15 | | contribution to
the System, as a percentage of the applicable |
16 | | employee payroll, shall be
increased in equal annual increments |
17 | | from the required State contribution for State fiscal year |
18 | | 2007, so that by State fiscal year 2011, the
State is |
19 | | contributing at the rate otherwise required under this Section.
|
20 | | Notwithstanding any other provision of this Article, the |
21 | | total required State contribution for State fiscal year 2010 is |
22 | | $10,454,000 and shall be made from the proceeds of bonds sold |
23 | | in fiscal year 2010 pursuant to Section 7.2 of the General |
24 | | Obligation Bond Act, less (i) the pro rata share of bond sale |
25 | | expenses determined by the System's share of total bond |
26 | | proceeds, (ii) any amounts received from the General Revenue |
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1 | | Fund in fiscal year 2010, and (iii) any reduction in bond |
2 | | proceeds due to the issuance of discounted bonds, if |
3 | | applicable. |
4 | | Notwithstanding any other provision of this Article, the
|
5 | | total required State contribution for State fiscal year 2011 is
|
6 | | the amount recertified by the System on or before April 1, 2011 |
7 | | pursuant to Section 2-134 and shall be made from the proceeds |
8 | | of bonds sold
in fiscal year 2011 pursuant to Section 7.2 of |
9 | | the General
Obligation Bond Act, less (i) the pro rata share of |
10 | | bond sale
expenses determined by the System's share of total |
11 | | bond
proceeds, (ii) any amounts received from the General |
12 | | Revenue
Fund in fiscal year 2011, and (iii) any reduction in |
13 | | bond
proceeds due to the issuance of discounted bonds, if
|
14 | | applicable. |
15 | | Beginning in State fiscal year 2045, the minimum State |
16 | | contribution for each fiscal year shall be the amount needed to |
17 | | maintain the total assets of the System at 100% of the total |
18 | | actuarial liabilities of the System. |
19 | | Beginning in State fiscal year 2046, the minimum State |
20 | | contribution for
each fiscal year shall be the amount needed to |
21 | | maintain the total assets of
the System at 90% of the total |
22 | | actuarial liabilities of the System.
|
23 | | Amounts received by the System pursuant to Section 25 of |
24 | | the Budget Stabilization Act or Section 8.12 of the State |
25 | | Finance Act in any fiscal year do not reduce and do not |
26 | | constitute payment of any portion of the minimum State |
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1 | | contribution required under this Article in that fiscal year. |
2 | | Such amounts shall not reduce, and shall not be included in the |
3 | | calculation of, the required State contributions under this |
4 | | Article in any future year until the System has reached a |
5 | | funding ratio of at least 100% 90% . A reference in this Article |
6 | | to the "required State contribution" or any substantially |
7 | | similar term does not include or apply to any amounts payable |
8 | | to the System under Section 25 of the Budget Stabilization Act.
|
9 | | Notwithstanding any other provision of this Section, the |
10 | | required State
contribution for State fiscal year 2005 and for |
11 | | fiscal year 2008 and each fiscal year thereafter through State |
12 | | fiscal year 2014 , as
calculated under this Section and
|
13 | | certified under Section 2-134, shall not exceed an amount equal |
14 | | to (i) the
amount of the required State contribution that would |
15 | | have been calculated under
this Section for that fiscal year if |
16 | | the System had not received any payments
under subsection (d) |
17 | | of Section 7.2 of the General Obligation Bond Act, minus
(ii) |
18 | | the portion of the State's total debt service payments for that |
19 | | fiscal
year on the bonds issued in fiscal year 2003 for the |
20 | | purposes of that Section 7.2, as determined
and certified by |
21 | | the Comptroller, that is the same as the System's portion of
|
22 | | the total moneys distributed under subsection (d) of Section |
23 | | 7.2 of the General
Obligation Bond Act. In determining this |
24 | | maximum for State fiscal years 2008 through 2010, however, the |
25 | | amount referred to in item (i) shall be increased, as a |
26 | | percentage of the applicable employee payroll, in equal |
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1 | | increments calculated from the sum of the required State |
2 | | contribution for State fiscal year 2007 plus the applicable |
3 | | portion of the State's total debt service payments for fiscal |
4 | | year 2007 on the bonds issued in fiscal year 2003 for the |
5 | | purposes of Section 7.2 of the General
Obligation Bond Act, so |
6 | | that, by State fiscal year 2011, the
State is contributing at |
7 | | the rate otherwise required under this Section.
|
8 | | (d) For purposes of determining the required State |
9 | | contribution to the System, the value of the System's assets |
10 | | shall be equal to the actuarial value of the System's assets, |
11 | | which shall be calculated as follows: |
12 | | As of June 30, 2008, the actuarial value of the System's |
13 | | assets shall be equal to the market value of the assets as of |
14 | | that date. In determining the actuarial value of the System's |
15 | | assets for fiscal years after June 30, 2008, any actuarial |
16 | | gains or losses from investment return incurred in a fiscal |
17 | | year shall be recognized in equal annual amounts over the |
18 | | 5-year period following that fiscal year. |
19 | | (e) For purposes of determining the required State |
20 | | contribution to the system for a particular year, the actuarial |
21 | | value of assets shall be assumed to earn a rate of return equal |
22 | | to the system's actuarially assumed rate of return. |
23 | | (Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; |
24 | | 96-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-813, eff. |
25 | | 7-13-12.)
|
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1 | | (40 ILCS 5/2-125) (from Ch. 108 1/2, par. 2-125)
|
2 | | Sec. 2-125. Obligations of State ; funding guarantee . |
3 | | (a) The payment of (1) the required State contributions, |
4 | | (2) all benefits
granted under this system and (3) all expenses |
5 | | of administration and
operation are obligations of the State to |
6 | | the extent specified in this
Article.
|
7 | | (b) All income, interest and dividends derived from |
8 | | deposits and investments
shall be credited to the account of |
9 | | the system in the State Treasury and
used to pay benefits under |
10 | | this Article.
|
11 | | (c) Beginning July 1, 2013, the State shall be |
12 | | contractually obligated to contribute to the System in each |
13 | | State fiscal year an amount not less than the sum of (i) the |
14 | | State's normal cost for the year and (ii) the portion of the |
15 | | unfunded accrued liability assigned to that year by law. |
16 | | Notwithstanding any other provision of law, if the State fails |
17 | | to pay an amount guaranteed under this subsection, it shall be |
18 | | the mandatory fiduciary obligation of the Board to seek payment |
19 | | of the guaranteed amount in compliance with the provisions of |
20 | | this Section and, if the amount remains unpaid, to bring a |
21 | | mandamus action in the Supreme Court of Illinois to compel the |
22 | | State to make the required payment. |
23 | | If the System submits a voucher for contributions required |
24 | | under Section 2-124 and the State fails to pay that voucher |
25 | | within 90 days of its receipt, the Board shall submit a written |
26 | | request to the Comptroller seeking payment. A copy of the |
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1 | | request shall be filed with the Secretary of State, and the |
2 | | Secretary of State shall provide a copy to the Governor and |
3 | | General Assembly. No earlier than the 16th day after the System |
4 | | files the request with the Comptroller and Secretary of State, |
5 | | if the amount remains unpaid the Board shall commence a |
6 | | mandamus action in the Supreme Court of Illinois to compel the |
7 | | Comptroller to satisfy the voucher. |
8 | | This subsection (c) constitutes an express waiver of the |
9 | | State's sovereign immunity solely to the extent that it permits |
10 | | the Board to commence a mandamus action in the Supreme Court of |
11 | | Illinois to compel the Comptroller to pay a voucher for the |
12 | | contributions required under Section 2-124. |
13 | | (d) Beginning in State fiscal year 2020, the State shall be |
14 | | contractually obligated to make the transfers set forth in |
15 | | subsections (c-10) and (c-15) of Section 20 of the Budget |
16 | | Stabilization Act and to pay to the System its proportionate |
17 | | share of the transferred amounts in accordance with Section 25 |
18 | | of the Budget Stabilization Act. Notwithstanding any other |
19 | | provision of law, if the State fails to transfer an amount |
20 | | guaranteed under this subsection or to pay to the System its |
21 | | proportionate share of the transferred amount in accordance |
22 | | with Section 25 of the Budget Stabilization Act, it shall be |
23 | | the mandatory fiduciary obligation of the Board to seek |
24 | | transfer or payment of the guaranteed amount in compliance with |
25 | | the provisions of this Section and, if the required amount |
26 | | remains untransferred or the required payment remains unpaid, |
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1 | | to bring a mandamus action in the Supreme Court of Illinois to |
2 | | compel the State to make the required transfer or payment or |
3 | | both, as the case may be. |
4 | | If the State fails to make a transfer required under |
5 | | subsections (c-10) and (c-15) of Section 20 of the Budget |
6 | | Stabilization Act or a payment to the System required under |
7 | | Section 25 of that Act, the Board shall submit a written |
8 | | request to the Comptroller seeking payment. A copy of the |
9 | | request shall be filed with the Secretary of State, and the |
10 | | Secretary of State shall provide a copy to the Governor and |
11 | | General Assembly. No earlier than the 16th day after the System |
12 | | files the request with the Comptroller and Secretary of State, |
13 | | if the required amount remains untransferred or the required |
14 | | payment remains unpaid, the Board shall commence a mandamus |
15 | | action in the Supreme Court of Illinois to compel the |
16 | | Comptroller to make the required transfer or payment or both, |
17 | | as the case may be. |
18 | | This subsection (d) constitutes an express waiver of the |
19 | | State's sovereign immunity solely to the extent that it permits |
20 | | the Board to commence a mandamus action in the Supreme Court of |
21 | | Illinois to compel the Comptroller to make a transfer required |
22 | | under subsections (c-10) and (c-15) of Section 20 of the Budget |
23 | | Stabilization Act and to pay to the System its proportionate |
24 | | share of the transferred amount in accordance with Section 25 |
25 | | of the Budget Stabilization Act. |
26 | | The obligations created by this subsection (d) expire when |
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1 | | all of the requirements of subsections (c-10) and (c-15) of |
2 | | Section 20 of the Budget Stabilization Act and Section 25 of |
3 | | the Budget Stabilization Act have been met. |
4 | | (e) Any payments and transfers required to be made by the |
5 | | State pursuant to subsection (c) or (d) are expressly |
6 | | subordinate to the payment of the principal, interest, and |
7 | | premium, if any, on any bonded debt obligation of the State or |
8 | | any other State-created entity, either currently outstanding |
9 | | or to be issued, for which the source of repayment or security |
10 | | thereon is derived directly or indirectly from tax revenues |
11 | | collected by the State or any other State-created entity. |
12 | | Payments on such bonded obligations includes any statutory fund |
13 | | transfers or other prefunding mechanisms or formulas set forth, |
14 | | now or hereafter, in State law or bond indentures, into debt |
15 | | service funds or accounts of the State related to such bond |
16 | | obligations, consistent with the payment schedules associated |
17 | | with such obligations. |
18 | | (f) By the enactment of this amendatory Act of the 98th |
19 | | General Assembly, the State of Illinois pledges to and agrees |
20 | | with the Board and members of the System that the State will |
21 | | make the payments required under Section 2-124 of this Code, |
22 | | the transfers required under subsections (c-10) and (c-15) of |
23 | | Section 20 of the Budget Stabilization Act, and the payments to |
24 | | the System of its proportionate share of the transferred |
25 | | amounts in accordance with Section 25 of the Budget |
26 | | Stabilization Act. The State further pledges that the State |
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1 | | will not limit or alter the rights and powers vested in the |
2 | | Board so as to impair the terms of this Section or in any way |
3 | | impair the rights and remedies of the Board. |
4 | | (Source: P.A. 83-1440.)
|
5 | | (40 ILCS 5/2-126) (from Ch. 108 1/2, par. 2-126)
|
6 | | Sec. 2-126. Contributions by participants.
|
7 | | (a) Each participant shall contribute toward the cost of |
8 | | his or her
retirement annuity a percentage of each payment of |
9 | | salary received by him or
her for service as a member as |
10 | | follows: for service between October 31, 1947
and January 1, |
11 | | 1959, 5%; for service between January 1, 1959 and June 30, |
12 | | 1969,
6%; for service between July 1, 1969 and January 10, |
13 | | 1973, 6 1/2%; for service
after January 10, 1973, 7%; for |
14 | | service after December 31, 1981, 8 1/2%.
|
15 | | (a-5) In addition to the contributions otherwise required |
16 | | under this Article, each Tier I participant shall also make the |
17 | | following contributions toward the cost of his or her |
18 | | retirement annuity from each payment
of salary received by him |
19 | | or her for service as a member: |
20 | | (1) beginning July 1, 2013 and through June 30, 2014, |
21 | | 1% of salary; and |
22 | | (2) beginning on July 1, 2014, 2% of salary. |
23 | | (b) Beginning August 2, 1949, each male participant, and |
24 | | from July 1,
1971, each female participant shall contribute |
25 | | towards the cost of the
survivor's annuity 2% of salary.
|
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1 | | A participant who has no eligible survivor's annuity |
2 | | beneficiary may elect
to cease making contributions for |
3 | | survivor's annuity under this subsection.
A survivor's annuity |
4 | | shall not be payable upon the death of a person who has
made |
5 | | this election, unless prior to that death the election has been |
6 | | revoked
and the amount of the contributions that would have |
7 | | been paid under this
subsection in the absence of the election |
8 | | is paid to the System, together
with interest at the rate of 4% |
9 | | per year from the date the contributions
would have been made |
10 | | to the date of payment.
|
11 | | (c) Beginning July 1, 1967, each participant shall |
12 | | contribute 1% of
salary towards the cost of automatic increase |
13 | | in annuity provided in
Section 2-119.1. These contributions |
14 | | shall be made concurrently with
contributions for retirement |
15 | | annuity purposes.
|
16 | | (d) In addition, each participant serving as an officer of |
17 | | the General
Assembly shall contribute, for the same purposes |
18 | | and at the same rates
as are required of a regular participant, |
19 | | on each additional payment
received as an officer. If the |
20 | | participant serves as an
officer for at least 2 but less than 4 |
21 | | years, he or she shall
contribute an amount equal to the amount |
22 | | that would have been contributed
had the participant served as |
23 | | an officer for 4 years. Persons who serve
as officers in the |
24 | | 87th General Assembly but cannot receive the additional
payment |
25 | | to officers because of the ban on increases in salary during |
26 | | their
terms may nonetheless make contributions based on those |
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1 | | additional payments
for the purpose of having the additional |
2 | | payments included in their highest
salary for annuity purposes; |
3 | | however, persons electing to make these
additional |
4 | | contributions must also pay an amount representing the
|
5 | | corresponding employer contributions, as calculated by the |
6 | | System.
|
7 | | (e) Notwithstanding any other provision of this Article, |
8 | | the required contribution of a participant shall not be based |
9 | | on any salary in excess of the salary limitation applicable to |
10 | | that participant under Section 2-108 or who first becomes a |
11 | | participant on or after January 1, 2011 shall not exceed the |
12 | | contribution that would be due under this Article if that |
13 | | participant's highest salary for annuity purposes were |
14 | | $106,800, plus any increases in that amount under Section |
15 | | 2-108.1. |
16 | | (Source: P.A. 96-1490, eff. 1-1-11.)
|
17 | | (40 ILCS 5/2-126.5 new) |
18 | | Sec. 2-126.5. Use of contributions for health care |
19 | | subsidies. The System shall not use any contribution received |
20 | | by the System under this Article to provide a subsidy for the |
21 | | cost of participation in a retiree health care program.
|
22 | | (40 ILCS 5/2-134)
(from Ch. 108 1/2, par. 2-134)
|
23 | | Sec. 2-134. To certify required State contributions and |
24 | | submit vouchers.
|
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1 | | (a) The Board shall certify to the Governor on or before |
2 | | December 15 of each
year through until December 15, 2011 the |
3 | | amount of the required State contribution to the System for the |
4 | | next
fiscal year and shall specifically identify the System's |
5 | | projected State normal cost for that fiscal year . The |
6 | | certification shall include a copy of the actuarial
|
7 | | recommendations upon which it is based and shall specifically |
8 | | identify the System's projected State normal cost for that |
9 | | fiscal year .
|
10 | | (a-5) On or before November 1 of each year, beginning |
11 | | November 1, 2012, the Board shall submit to the State Actuary, |
12 | | the Governor, and the General Assembly a proposed certification |
13 | | of the amount of the required State contribution to the System |
14 | | for the next fiscal year, along with all of the actuarial |
15 | | assumptions, calculations, and data upon which that proposed |
16 | | certification is based. On or before January 1 of each year , |
17 | | beginning January 1, 2013, the State Actuary shall issue a |
18 | | preliminary report concerning the proposed certification and |
19 | | identifying, if necessary, recommended changes in actuarial |
20 | | assumptions that the Board must consider before finalizing its |
21 | | certification of the required State contributions. |
22 | | On or before January 15, 2013 and every January 15 |
23 | | thereafter, the Board shall certify to the Governor and the |
24 | | General Assembly the amount of the required State contribution |
25 | | for the next fiscal year. The Board's certification shall |
26 | | include a copy of the actuarial recommendations upon which it |
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1 | | is based and shall specifically identify the System's projected |
2 | | State normal cost for that fiscal year. The Board's |
3 | | certification must note any deviations from the State Actuary's |
4 | | recommended changes, the reason or reasons for not following |
5 | | the State Actuary's recommended changes, and the fiscal impact |
6 | | of not following the State Actuary's recommended changes on the |
7 | | required State contribution. |
8 | | (a-7) On or before May 1, 2004, the Board shall recalculate |
9 | | and recertify to
the Governor the amount of the required State |
10 | | contribution to the System for
State fiscal year 2005, taking |
11 | | into account the amounts appropriated to and
received by the |
12 | | System under subsection (d) of Section 7.2 of the General
|
13 | | Obligation Bond Act.
|
14 | | On or before July 1, 2005, the Board shall recalculate and |
15 | | recertify
to the Governor the amount of the required State
|
16 | | contribution to the System for State fiscal year 2006, taking |
17 | | into account the changes in required State contributions made |
18 | | by this amendatory Act of the 94th General Assembly.
|
19 | | On or before April 1, 2011, the Board shall recalculate and |
20 | | recertify to the Governor the amount of the required State |
21 | | contribution to the System for State fiscal year 2011, applying |
22 | | the changes made by Public Act 96-889 to the System's assets |
23 | | and liabilities as of June 30, 2009 as though Public Act 96-889 |
24 | | was approved on that date. |
25 | | (b) Beginning in State fiscal year 1996, on or as soon as |
26 | | possible after the
15th day of each month the Board shall |
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1 | | submit vouchers for payment of State
contributions to the |
2 | | System, in a total monthly amount of one-twelfth of the
|
3 | | required annual State contribution certified under subsection |
4 | | (a).
From the effective date of this amendatory Act
of the 93rd |
5 | | General Assembly through June 30, 2004, the Board shall not
|
6 | | submit vouchers for the remainder of fiscal year 2004 in excess |
7 | | of the
fiscal year 2004 certified contribution amount |
8 | | determined
under this Section after taking into consideration |
9 | | the transfer to the
System under subsection (d) of Section |
10 | | 6z-61 of the State Finance Act.
These
vouchers shall be paid by |
11 | | the State Comptroller and Treasurer by warrants drawn
on the |
12 | | funds appropriated to the System for that fiscal year. If in |
13 | | any month
the amount remaining unexpended from all other |
14 | | appropriations to the System for
the applicable fiscal year |
15 | | (including the appropriations to the System under
Section 8.12 |
16 | | of the State Finance Act and Section 1 of the State Pension |
17 | | Funds
Continuing Appropriation Act) is less than the amount |
18 | | lawfully vouchered under
this Section, the difference shall be |
19 | | paid from the General Revenue Fund under
the continuing |
20 | | appropriation authority provided in Section 1.1 of the State
|
21 | | Pension Funds Continuing Appropriation Act.
|
22 | | (c) The full amount of any annual appropriation for the |
23 | | System for
State fiscal year 1995 shall be transferred and made |
24 | | available to the System
at the beginning of that fiscal year at |
25 | | the request of the Board.
Any excess funds remaining at the end |
26 | | of any fiscal year from appropriations
shall be retained by the |
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1 | | System as a general reserve to meet the System's
accrued |
2 | | liabilities.
|
3 | | (Source: P.A. 96-1497, eff. 1-14-11; 96-1511, eff. 1-27-11; |
4 | | 97-694, eff. 6-18-12.)
|
5 | | (40 ILCS 5/2-162)
|
6 | | Sec. 2-162. Application and expiration of new benefit |
7 | | increases. |
8 | | (a) As used in this Section, "new benefit increase" means |
9 | | an increase in the amount of any benefit provided under this |
10 | | Article, or an expansion of the conditions of eligibility for |
11 | | any benefit under this Article, that results from an amendment |
12 | | to this Code that takes effect after the effective date of this |
13 | | amendatory Act of the 94th General Assembly. "New benefit |
14 | | increase", however, does not include any benefit increase |
15 | | resulting from the changes made to this Article or Article 1 by |
16 | | this amendatory Act of the 98th General Assembly. |
17 | | (b) Notwithstanding any other provision of this Code or any |
18 | | subsequent amendment to this Code, every new benefit increase |
19 | | is subject to this Section and shall be deemed to be granted |
20 | | only in conformance with and contingent upon compliance with |
21 | | the provisions of this Section.
|
22 | | (c) The Public Act enacting a new benefit increase must |
23 | | identify and provide for payment to the System of additional |
24 | | funding at least sufficient to fund the resulting annual |
25 | | increase in cost to the System as it accrues. |
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1 | | Every new benefit increase is contingent upon the General |
2 | | Assembly providing the additional funding required under this |
3 | | subsection. The Commission on Government Forecasting and |
4 | | Accountability shall analyze whether adequate additional |
5 | | funding has been provided for the new benefit increase and |
6 | | shall report its analysis to the Public Pension Division of the |
7 | | Department of Financial and Professional Regulation. A new |
8 | | benefit increase created by a Public Act that does not include |
9 | | the additional funding required under this subsection is null |
10 | | and void. If the Public Pension Division determines that the |
11 | | additional funding provided for a new benefit increase under |
12 | | this subsection is or has become inadequate, it may so certify |
13 | | to the Governor and the State Comptroller and, in the absence |
14 | | of corrective action by the General Assembly, the new benefit |
15 | | increase shall expire at the end of the fiscal year in which |
16 | | the certification is made.
|
17 | | (d) Every new benefit increase shall expire 5 years after |
18 | | its effective date or on such earlier date as may be specified |
19 | | in the language enacting the new benefit increase or provided |
20 | | under subsection (c). This does not prevent the General |
21 | | Assembly from extending or re-creating a new benefit increase |
22 | | by law. |
23 | | (e) Except as otherwise provided in the language creating |
24 | | the new benefit increase, a new benefit increase that expires |
25 | | under this Section continues to apply to persons who applied |
26 | | and qualified for the affected benefit while the new benefit |
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1 | | increase was in effect and to the affected beneficiaries and |
2 | | alternate payees of such persons, but does not apply to any |
3 | | other person, including without limitation a person who |
4 | | continues in service after the expiration date and did not |
5 | | apply and qualify for the affected benefit while the new |
6 | | benefit increase was in effect.
|
7 | | (Source: P.A. 94-4, eff. 6-1-05.)
|
8 | | (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
|
9 | | Sec. 7-109. Employee.
|
10 | | (1) "Employee" means any person who:
|
11 | | (a) 1. Receives earnings as payment for the performance |
12 | | of personal
services or official duties out of the |
13 | | general fund of a municipality,
or out of any special |
14 | | fund or funds controlled by a municipality, or by
an |
15 | | instrumentality thereof, or a participating |
16 | | instrumentality, including,
in counties, the fees or |
17 | | earnings of any county fee office; and
|
18 | | 2. Under the usual common law rules applicable in |
19 | | determining the
employer-employee relationship, has |
20 | | the status of an employee with a
municipality, or any |
21 | | instrumentality thereof, or a participating
|
22 | | instrumentality, including aldermen, county |
23 | | supervisors and other
persons (excepting those |
24 | | employed as independent contractors) who are
paid |
25 | | compensation, fees, allowances or other emolument for |
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1 | | official
duties, and, in counties, the several county |
2 | | fee offices.
|
3 | | (b) Serves as a township treasurer appointed under the |
4 | | School
Code, as heretofore or hereafter amended, and
who |
5 | | receives for such services regular compensation as |
6 | | distinguished
from per diem compensation, and any regular |
7 | | employee in the office of
any township treasurer whether or |
8 | | not his earnings are paid from the
income of the permanent |
9 | | township fund or from funds subject to
distribution to the |
10 | | several school districts and parts of school
districts as |
11 | | provided in the School Code, or from both such sources; or |
12 | | is the chief executive officer, chief educational officer, |
13 | | chief fiscal officer, or other employee of a Financial |
14 | | Oversight Panel established pursuant to Article 1H of the |
15 | | School Code, other than a superintendent or certified |
16 | | school business official, except that such person shall not |
17 | | be treated as an employee under this Section if that person |
18 | | has negotiated with the Financial Oversight Panel, in |
19 | | conjunction with the school district, a contractual |
20 | | agreement for exclusion from this Section.
|
21 | | (c) Holds an elective office in a municipality, |
22 | | instrumentality
thereof or participating instrumentality.
|
23 | | (2) "Employee" does not include persons who:
|
24 | | (a) Are eligible for inclusion under any of the |
25 | | following laws:
|
26 | | 1. "An Act in relation to an Illinois State |
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|
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1 | | Teachers' Pension and
Retirement Fund", approved May |
2 | | 27, 1915, as amended;
|
3 | | 2. Articles 15 and 16 of this Code.
|
4 | | However, such persons shall be included as employees to |
5 | | the extent of
earnings that are not eligible for inclusion |
6 | | under the foregoing laws
for services not of an |
7 | | instructional nature of any kind.
|
8 | | However, any member of the armed forces who is employed |
9 | | as a teacher
of subjects in the Reserve Officers Training |
10 | | Corps of any school and who
is not certified under the law |
11 | | governing the certification of teachers
shall be included |
12 | | as an employee.
|
13 | | (b) Are designated by the governing body of a |
14 | | municipality in which a
pension fund is required by law to |
15 | | be established for policemen or
firemen, respectively, as |
16 | | performing police or fire protection duties,
except that |
17 | | when such persons are the heads of the police or fire
|
18 | | department and are not eligible to be included within any |
19 | | such pension
fund, they shall be included within this |
20 | | Article; provided, that such
persons shall not be excluded |
21 | | to the extent of concurrent service and
earnings not |
22 | | designated as being for police or fire protection duties.
|
23 | | However, (i) any head of a police department who was a |
24 | | participant under this
Article immediately before October |
25 | | 1, 1977 and did not elect, under Section
3-109 of this Act, |
26 | | to participate in a police pension fund shall be an
|
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1 | | "employee", and (ii) any chief of police who elects to |
2 | | participate in this
Fund under Section 3-109.1 of this |
3 | | Code, regardless of whether such person
continues to be |
4 | | employed as chief of police or is employed in some other
|
5 | | rank or capacity within the police department, shall be an |
6 | | employee under
this Article for so long as such person is |
7 | | employed to perform police
duties by a participating |
8 | | municipality and has not lawfully rescinded that
election. |
9 | | (c) After August 26, 2011 (the effective date of Public |
10 | | Act 97-609), are contributors to or eligible to contribute |
11 | | to a Taft-Hartley pension plan established on or before |
12 | | June 1, 2011 and are employees of a theatre, arena, or |
13 | | convention center that is located in a municipality located |
14 | | in a county with a population greater than 5,000,000, and |
15 | | to which the participating municipality is required to |
16 | | contribute as the person's employer based on earnings from |
17 | | the municipality. Nothing in this paragraph shall affect |
18 | | service credit or creditable service for any period of |
19 | | service prior to August 26, 2011, and this paragraph shall |
20 | | not apply to individuals who are participating in the Fund |
21 | | prior to August 26, 2011.
|
22 | | (d) Become an employee of any of the following |
23 | | participating instrumentalities on or after the effective |
24 | | date of this amendatory Act of the 98th General Assembly: |
25 | | the Illinois Municipal League; the Illinois Association of |
26 | | Park Districts; the Illinois Supervisors, County |
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1 | | Commissioners and Superintendents of Highways Association; |
2 | | an association, or not-for-profit corporation, membership |
3 | | in which is authorized under Section 85-15 of the Township |
4 | | Code; the United Counties Council; or the Will County |
5 | | Governmental League. |
6 | | (3) All persons, including, without limitation, public |
7 | | defenders and
probation officers, who receive earnings from |
8 | | general or special funds
of a county for performance of |
9 | | personal services or official duties
within the territorial |
10 | | limits of the county, are employees of the county
(unless |
11 | | excluded by subsection (2) of this Section) notwithstanding |
12 | | that
they may be appointed by and are subject to the direction |
13 | | of a person or
persons other than a county board or a county |
14 | | officer. It is hereby
established that an employer-employee |
15 | | relationship under the usual
common law rules exists between |
16 | | such employees and the county paying
their salaries by reason |
17 | | of the fact that the county boards fix their
rates of |
18 | | compensation, appropriate funds for payment of their earnings
|
19 | | and otherwise exercise control over them. This finding and this
|
20 | | amendatory Act shall apply to all such employees from the date |
21 | | of
appointment whether such date is prior to or after the |
22 | | effective date of
this amendatory Act and is intended to |
23 | | clarify existing law pertaining
to their status as |
24 | | participating employees in the Fund.
|
25 | | (Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11; |
26 | | 97-813, eff. 7-13-12.)
|
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1 | | (40 ILCS 5/7-114) (from Ch. 108 1/2, par. 7-114)
|
2 | | Sec. 7-114. Earnings. "Earnings":
|
3 | | (a) An amount to be determined by the board, equal to the |
4 | | sum of:
|
5 | | 1. The total amount of money paid to an employee for |
6 | | personal
services or official duties as an employee (except |
7 | | those employed as
independent contractors) paid out of the |
8 | | general fund, or out of any
special funds controlled by the |
9 | | municipality, or by any instrumentality
thereof, or |
10 | | participating instrumentality, including compensation, |
11 | | fees,
allowances, or other emolument paid for official |
12 | | duties (but not
including automobile maintenance, travel |
13 | | expense, or reimbursements for
expenditures incurred in |
14 | | the performance of duties , or, in the case of a person who |
15 | | first becomes a participant on or after the effective date |
16 | | of this amendatory Act of the 98th General Assembly, |
17 | | payments for unused sick or vacation time ) and, for fee
|
18 | | offices, the fees or earnings of the offices to the extent |
19 | | such fees are
paid out of funds controlled by the |
20 | | municipality, or instrumentality or
participating |
21 | | instrumentality; and
|
22 | | 2. The money value, as determined by rules prescribed |
23 | | by the
governing body of the municipality, or |
24 | | instrumentality thereof, of any
board, lodging, fuel, |
25 | | laundry, and other allowances provided an employee
in lieu |
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1 | | of money.
|
2 | | (b) For purposes of determining benefits payable under this |
3 | | fund
payments to a person who is engaged in an independently |
4 | | established
trade, occupation, profession or business and who |
5 | | is paid for his
service on a basis other than a monthly or |
6 | | other regular salary, are not
earnings.
|
7 | | (c) If a disabled participating employee is eligible to |
8 | | receive Workers'
Compensation for an accidental injury and the |
9 | | participating municipality or
instrumentality which employed |
10 | | the participating employee when injured
continues to pay the |
11 | | participating employee regular salary or other
compensation or |
12 | | pays the employee an amount in excess of the Workers'
|
13 | | Compensation amount, then earnings shall be deemed to be the |
14 | | total payments,
including an amount equal to the Workers' |
15 | | Compensation payments. These
payments shall be subject to |
16 | | employee contributions and allocated as if paid to
the |
17 | | participating employee when the regular payroll amounts would |
18 | | have been
paid if the participating employee had continued |
19 | | working, and creditable
service shall be awarded for this |
20 | | period.
|
21 | | (d) If an elected official who is a participating employee |
22 | | becomes disabled
but does not resign and is not removed from |
23 | | office, then earnings shall include
all salary payments made |
24 | | for the remainder of that term of office and the
official shall |
25 | | be awarded creditable service for the term of office.
|
26 | | (e) If a participating employee is paid pursuant to "An Act |
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1 | | to provide for
the continuation of compensation for law |
2 | | enforcement officers, correctional
officers and firemen who |
3 | | suffer disabling injury in the line of duty", approved
|
4 | | September 6, 1973, as amended, the payments shall be deemed |
5 | | earnings, and the
participating employee shall be awarded |
6 | | creditable service for this period.
|
7 | | (f) Additional compensation received by a person while |
8 | | serving as a
supervisor of assessments, assessor, deputy |
9 | | assessor or member of a board of
review from the State of |
10 | | Illinois pursuant to Section 4-10 or 4-15 of the
Property Tax |
11 | | Code shall not be
earnings for purposes of this Article and |
12 | | shall not be included in the
contribution formula or |
13 | | calculation of benefits for such person pursuant to
this |
14 | | Article.
|
15 | | (Source: P.A. 87-740; 88-670, eff. 12-2-94.)
|
16 | | (40 ILCS 5/7-116) (from Ch. 108 1/2, par. 7-116)
|
17 | | Sec. 7-116. "Final rate of earnings":
|
18 | | (a) For retirement and survivor annuities, the monthly |
19 | | earnings obtained
by dividing the total earnings received by |
20 | | the employee during the period of
either (1) the 48 consecutive |
21 | | months of service within the last 120 months of
service in |
22 | | which his total earnings were the highest or (2) the
employee's |
23 | | total period of service, by the number of months
of service in |
24 | | such period.
|
25 | | (b) For death benefits, the higher of the rate determined |
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1 | | under
paragraph (a) of this Section or total earnings received |
2 | | in the last 12 months
of service divided by twelve. If the |
3 | | deceased employee has less than 12 months
of service, the |
4 | | monthly final rate shall be the monthly rate of pay the
|
5 | | employee was receiving when he began service.
|
6 | | (c) For disability benefits, the total earnings of a |
7 | | participating
employee in the last 12 calendar months of |
8 | | service prior to the date he
becomes disabled divided by 12.
|
9 | | (d) In computing the final rate of earnings: (1) the |
10 | | earnings rate for
all periods of prior service shall be |
11 | | considered equal to the average
earnings rate for the last 3 |
12 | | calendar years of prior service for
which creditable service is |
13 | | received under Section 7-139 or, if there is less than 3 years |
14 | | of
creditable prior service, the average for the total prior |
15 | | service period
for which creditable service is received under |
16 | | Section 7-139; (2) for out
of state service and authorized
|
17 | | leave, the earnings rate shall be the rate upon which service |
18 | | credits are
granted; (3) periods of military leave shall not be |
19 | | considered; (4) the
earnings rate for all periods of disability |
20 | | shall be considered equal to
the rate of earnings upon which |
21 | | the employee's disability benefits are
computed for such |
22 | | periods; (5) the earnings to be considered for each of
the |
23 | | final three months of the final earnings period for persons who |
24 | | first became participants before January 1, 2012 and the |
25 | | earnings to be considered for each of the final 24 months for |
26 | | participants who first become participants on or after January |
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1 | | 1, 2012 shall not exceed 125%
of the highest earnings of any |
2 | | other month in the final earnings period;
and (6) the annual |
3 | | amount of final rate of earnings shall be the monthly
amount |
4 | | multiplied by the number of months of service normally required |
5 | | by
the position in a year ; and (7) in the case of a person who |
6 | | first becomes a participant on or after the effective date of |
7 | | this amendatory Act of the 98th General Assembly, payments for |
8 | | unused sick or vacation time shall not be considered .
|
9 | | (Source: P.A. 97-609, eff. 1-1-12.)
|
10 | | (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
|
11 | | Sec. 7-139. Credits and creditable service to employees.
|
12 | | (a) Each participating employee shall be granted credits |
13 | | and creditable
service, for purposes of determining the amount |
14 | | of any annuity or benefit
to which he or a beneficiary is |
15 | | entitled, as follows:
|
16 | | 1. For prior service: Each participating employee who |
17 | | is an employee
of a participating municipality or |
18 | | participating instrumentality on the
effective date shall |
19 | | be granted creditable service, but no credits under
|
20 | | paragraph 2 of this subsection (a), for periods of prior |
21 | | service for which
credit has not been received under any |
22 | | other pension fund or retirement system
established under |
23 | | this Code, as follows:
|
24 | | If the effective date of participation for the |
25 | | participating municipality
or participating |
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1 | | instrumentality is on or before January 1, 1998, creditable
|
2 | | service shall be granted for the entire period of prior |
3 | | service with that
employer without any employee |
4 | | contribution.
|
5 | | If the effective date of participation for the |
6 | | participating municipality
or participating |
7 | | instrumentality is after January 1, 1998, creditable
|
8 | | service shall be granted for the last 20% of the period of |
9 | | prior service with
that employer, but no more than 5 years, |
10 | | without any employee contribution. A
participating |
11 | | employee may establish creditable service for the |
12 | | remainder of
the period of prior service with that employer |
13 | | by making an application in
writing, accompanied by payment |
14 | | of an employee contribution in an
amount determined by the |
15 | | Fund, based on the employee contribution rates in
effect at |
16 | | the time of application for the creditable service and the |
17 | | employee's
salary rate on the effective date of |
18 | | participation for that employer, plus
interest at the |
19 | | effective rate from the date of the prior service to the |
20 | | date
of payment. Application for this creditable service |
21 | | may be made at any time
while the employee is still in |
22 | | service.
|
23 | | A municipality that (i) has at least 35 employees; (ii) |
24 | | is located in a county with at least 2,000,000 inhabitants; |
25 | | and (iii) maintains an independent defined benefit pension |
26 | | plan for the benefit of its eligible employees may restrict |
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1 | | creditable service in whole or in part for periods of prior |
2 | | service with the employer if the governing body of the |
3 | | municipality adopts an irrevocable resolution to restrict |
4 | | that creditable service and files the resolution with the |
5 | | board before the municipality's effective date of |
6 | | participation.
|
7 | | Any person who has withdrawn from the service of a |
8 | | participating
municipality
or participating |
9 | | instrumentality prior to the effective date, who reenters
|
10 | | the service of the same municipality or participating |
11 | | instrumentality after
the effective date and becomes a |
12 | | participating employee is entitled to
creditable service |
13 | | for prior service as otherwise provided in this
subdivision |
14 | | (a)(1) only if he or she renders 2 years of service as a
|
15 | | participating employee after the effective date. |
16 | | Application
for such service must be made while in a |
17 | | participating status.
The salary rate to be used in the |
18 | | calculation of the required employee
contribution, if any, |
19 | | shall be the employee's salary rate at the time of first
|
20 | | reentering service with the employer after the employer's |
21 | | effective date of
participation.
|
22 | | 2. For current service, each participating employee |
23 | | shall be
credited with:
|
24 | | a. Additional credits of amounts equal to each |
25 | | payment of additional
contributions received from him |
26 | | under Section 7-173, as of the
date the corresponding |
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1 | | payment of earnings is payable to him.
|
2 | | b. Normal credits of amounts equal to each payment |
3 | | of normal
contributions received from him, as of the |
4 | | date the corresponding payment of
earnings is payable |
5 | | to him, and normal contributions made for the purpose |
6 | | of
establishing out-of-state service credits as |
7 | | permitted under the conditions set
forth in paragraph 6 |
8 | | of this subsection (a).
|
9 | | c. Municipality credits in an amount equal to 1.4 |
10 | | times the normal
credits, except those established by |
11 | | out-of-state service credits, as of
the date of |
12 | | computation of any benefit if these credits would |
13 | | increase
the benefit.
|
14 | | d. Survivor credits equal to each payment of |
15 | | survivor contributions
received from the participating |
16 | | employee as of the date the
corresponding payment of |
17 | | earnings is payable, and survivor contributions made
|
18 | | for the purpose of establishing out-of-state service |
19 | | credits.
|
20 | | 3. For periods of temporary and total and permanent |
21 | | disability
benefits, each employee receiving disability |
22 | | benefits shall be granted
creditable service for the period |
23 | | during which disability benefits are
payable. Normal and |
24 | | survivor credits, based upon the rate of earnings
applied |
25 | | for disability benefits, shall also be granted if such |
26 | | credits
would result in a higher benefit to any such |
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1 | | employee or his
beneficiary.
|
2 | | 4. For authorized leave of absence without pay: A |
3 | | participating
employee shall be granted credits and |
4 | | creditable service for periods of
authorized leave of |
5 | | absence without pay under the following
conditions:
|
6 | | a. An application for credits and creditable |
7 | | service is submitted to the
board while the employee is |
8 | | in a status of
active employment.
|
9 | | b. Not more than 12 complete months of creditable |
10 | | service
for authorized leave of absence without pay |
11 | | shall be counted for purposes of
determining any |
12 | | benefits payable under this Article.
|
13 | | c. Credits and creditable service shall be granted |
14 | | for leave of
absence only if such leave is approved by |
15 | | the governing body of the
municipality, including |
16 | | approval of the estimated cost thereof to the
|
17 | | municipality as determined by the fund, and employee |
18 | | contributions, plus
interest at the effective rate |
19 | | applicable for each year from the end of
the period of |
20 | | leave to date of payment, have been paid to the fund in
|
21 | | accordance with Section 7-173. The contributions shall |
22 | | be computed upon the
assumption earnings continued |
23 | | during the period of leave at the rate in
effect when |
24 | | the leave began.
|
25 | | d. Benefits under the provisions of Sections |
26 | | 7-141, 7-146, 7-150
and 7-163 shall become payable to |
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1 | | employees on authorized leave of
absence, or their |
2 | | designated beneficiary, only if such leave of absence
|
3 | | is creditable hereunder, and if the employee has at |
4 | | least one year of
creditable service other than the |
5 | | service granted for leave of absence.
Any employee |
6 | | contributions due may be deducted from any benefits
|
7 | | payable.
|
8 | | e. No credits or creditable service shall be |
9 | | allowed for leave of
absence without pay during any |
10 | | period of prior service.
|
11 | | 5. For military service: The governing body of a |
12 | | municipality or
participating instrumentality may elect to |
13 | | allow creditable service to
participating employees who |
14 | | leave their employment to serve in the armed
forces of the |
15 | | United States for all periods of such service, provided
|
16 | | that the person returns to active employment within 90 days |
17 | | after
completion
of full time active duty, but no |
18 | | creditable service shall be allowed such
person for any |
19 | | period that can be used in the computation of a pension
or |
20 | | any other pay or benefit, other than pay for active duty, |
21 | | for service
in any branch of the armed forces of the United |
22 | | States. If necessary to
the computation of any benefit, the |
23 | | board shall establish municipality
credits for |
24 | | participating employees under this paragraph on the
|
25 | | assumption that the employee received earnings at the rate |
26 | | received at
the time he left the employment to enter the |
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1 | | armed forces. A
participating employee in the armed forces |
2 | | shall not be considered an
employee during such period of |
3 | | service and no additional death and no
disability benefits |
4 | | are payable for death or disability during such period.
|
5 | | Any participating employee who left his employment |
6 | | with a
municipality or participating instrumentality to |
7 | | serve in the armed
forces of the United States and who |
8 | | again became a participating
employee within 90 days after |
9 | | completion of full time active duty by
entering the service |
10 | | of a different municipality or participating
|
11 | | instrumentality, which has elected to allow creditable |
12 | | service for
periods of military service under the preceding |
13 | | paragraph, shall also be
allowed creditable service for his |
14 | | period of military service on the
same terms that would |
15 | | apply if he had been employed, before entering
military |
16 | | service, by the municipality or instrumentality which |
17 | | employed
him after he left the military service and the |
18 | | employer costs arising in
relation to such grant of |
19 | | creditable service shall be charged to and
paid by that |
20 | | municipality or instrumentality.
|
21 | | Notwithstanding the foregoing, any participating |
22 | | employee
shall be entitled to creditable service as |
23 | | required by any federal law
relating to re-employment |
24 | | rights of persons who served in the United States
Armed |
25 | | Services. Such creditable service shall be granted upon |
26 | | payment by
the member of an amount equal to the employee |
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1 | | contributions which would
have been required had the |
2 | | employee continued in service at the same
rate of earnings |
3 | | during the military leave period, plus interest at
the |
4 | | effective rate.
|
5 | | 5.1. In addition to any creditable service established |
6 | | under
paragraph 5 of this subsection (a), creditable |
7 | | service may be granted for
up to 48 months of service in |
8 | | the armed forces of the United States.
|
9 | | In order to receive creditable service for military |
10 | | service under this
paragraph 5.1, a participating employee |
11 | | must (1) apply to the Fund
in writing and provide evidence |
12 | | of the military service that is satisfactory
to the Board; |
13 | | (2) obtain the written approval of the current employer; |
14 | | and (3)
make contributions to the Fund equal to (i)
the |
15 | | employee contributions that would have been required had |
16 | | the service been
rendered as a member, plus (ii) an amount |
17 | | determined by the board to be equal
to the employer's |
18 | | normal cost of the benefits accrued for that military
|
19 | | service, plus (iii) interest on items (i) and (ii) from the |
20 | | date of first
membership in the Fund to the date of |
21 | | payment. The required interest shall be
calculated at the |
22 | | regular interest rate.
|
23 | | The changes made to this paragraph 5.1 by Public Acts |
24 | | 95-483 and 95-486
apply only to participating employees in |
25 | | service on or after August 28, 2007 (the effective date of |
26 | | those Public Acts).
|
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1 | | 6. For out-of-state service: Creditable service shall |
2 | | be granted for
service rendered to an out-of-state local |
3 | | governmental body under the
following conditions: The |
4 | | employee had participated and has irrevocably
forfeited |
5 | | all rights to benefits in the out-of-state public employees
|
6 | | pension system; the governing body of his participating |
7 | | municipality or
instrumentality authorizes the employee to |
8 | | establish such service; the
employee has 2 years current |
9 | | service with this municipality or
participating |
10 | | instrumentality; the employee makes a payment of
|
11 | | contributions, which shall be computed at 8% (normal) plus |
12 | | 2% (survivor)
times length of service purchased times the |
13 | | average rate of earnings for the
first 2
years of service |
14 | | with the municipality or participating
instrumentality |
15 | | whose governing body authorizes the service established
|
16 | | plus interest at the effective rate on the date such |
17 | | credits are
established, payable from the date the employee |
18 | | completes the required 2
years of current service to date |
19 | | of payment. In no case shall more than
120 months of |
20 | | creditable service be granted under this provision.
|
21 | | 7. For retroactive service: Any employee who could have |
22 | | but did not
elect to become a participating employee, or |
23 | | who should have been a
participant in the Municipal Public |
24 | | Utilities Annuity and Benefit Fund
before that fund was |
25 | | superseded, may receive creditable service for the
period |
26 | | of service not to exceed 50 months; however, a current or |
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1 | | former
elected or appointed official of a participating |
2 | | municipality may establish credit under this paragraph 7 |
3 | | for more than 50
months of service as an official of that |
4 | | municipality, if the excess over 50 months is approved by |
5 | | resolution of the
governing body of the affected |
6 | | municipality filed with
the Fund before January 1, 2002.
|
7 | | Any employee who is a
participating employee on or |
8 | | after September 24, 1981 and who was
excluded from |
9 | | participation by the age restrictions removed by Public Act
|
10 | | 82-596 may receive creditable service for the period, on or |
11 | | after January
1, 1979, excluded by the age restriction and, |
12 | | in addition, if the governing
body of the participating |
13 | | municipality or participating instrumentality elects
to |
14 | | allow creditable service for all employees excluded by the |
15 | | age restriction
prior to January 1, 1979, for service |
16 | | during the period prior to that date
excluded by the age |
17 | | restriction. Any employee who was excluded from
|
18 | | participation by the age restriction removed by Public Act |
19 | | 82-596 and who is
not a participating employee on or after |
20 | | September 24, 1981 may receive
creditable service for |
21 | | service after January 1,
1979. Creditable service under |
22 | | this paragraph
shall be granted upon payment of the |
23 | | employee contributions
which would have been required had |
24 | | he participated, with interest at the
effective rate for |
25 | | each year from the end of the period of service
established |
26 | | to date of payment.
|
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1 | | 8. For accumulated unused sick leave: A participating |
2 | | employee who first becomes a participating employee before |
3 | | the effective date of this amendatory Act of the 98th |
4 | | General Assembly and who is
applying for a retirement |
5 | | annuity shall be entitled to creditable service
for that |
6 | | portion of the employee's accumulated unused sick leave
for |
7 | | which payment is not received, as follows:
|
8 | | a. Sick leave days shall be limited to those |
9 | | accumulated under a sick
leave plan established by a |
10 | | participating municipality or participating
|
11 | | instrumentality which is available to all employees or |
12 | | a class of employees.
|
13 | | b. Except as provided in item b-1, only sick leave |
14 | | days accumulated with a participating municipality or
|
15 | | participating instrumentality with which the employee |
16 | | was in service within
60 days of the effective date of |
17 | | his retirement annuity shall be credited;
If the |
18 | | employee was in service with more than one employer |
19 | | during this
period only the sick leave days with the |
20 | | employer with which the employee
has the greatest |
21 | | number of unpaid sick leave days shall be considered.
|
22 | | b-1. If the employee was in the service of more |
23 | | than one employer as defined in item (2) of paragraph |
24 | | (a) of subsection (A) of Section 7-132, then the sick |
25 | | leave days from all such employers shall be credited, |
26 | | as long as the creditable service attributed to those |
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1 | | sick leave days does not exceed the limitation in item |
2 | | f of this paragraph 8. In calculating the creditable |
3 | | service under this item b-1, the sick leave days from |
4 | | the last employer shall be considered first, then the |
5 | | remaining sick leave days shall be considered until |
6 | | there are no more days or the maximum creditable sick |
7 | | leave threshold under item f of this paragraph 8 has |
8 | | been reached.
|
9 | | c. The creditable service granted shall be |
10 | | considered solely for the
purpose of computing the |
11 | | amount of the retirement annuity and shall not be
used |
12 | | to establish any minimum service period required by any |
13 | | provision of the
Illinois Pension Code, the effective |
14 | | date of the retirement annuity, or the
final rate of |
15 | | earnings.
|
16 | | d. The creditable service shall be at the rate of |
17 | | 1/20 of a month for
each full sick day, provided that |
18 | | no more than 12 months may be credited
under this |
19 | | subdivision 8.
|
20 | | e. Employee contributions shall not be required |
21 | | for creditable service
under this subdivision 8.
|
22 | | f. Each participating municipality and |
23 | | participating instrumentality
with which an employee |
24 | | has service within 60 days of the effective date of
his |
25 | | retirement annuity shall certify to the board the |
26 | | number of accumulated
unpaid sick leave days credited |
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1 | | to the employee at the time of termination
of service.
|
2 | | 9. For service transferred from another system: |
3 | | Credits and
creditable service shall be granted for service |
4 | | under Article 3, 4, 5, 8, 14,
or 16 of this Act, to any |
5 | | active member of this Fund, and to any
inactive member who |
6 | | has been a county sheriff, upon
transfer of such credits |
7 | | pursuant to Section 3-110.3, 4-108.3, 5-235,
8-226.7,
|
8 | | 14-105.6, or 16-131.4, and payment by the member of the |
9 | | amount by
which (1) the employer and employee contributions |
10 | | that would have been required
if he had participated in |
11 | | this Fund as a sheriff's law enforcement employee
during |
12 | | the period for which credit is
being transferred, plus |
13 | | interest thereon at the effective rate for each
year, |
14 | | compounded annually, from the date of termination of the |
15 | | service for
which credit is being transferred to the date |
16 | | of payment, exceeds (2) the
amount actually transferred to |
17 | | the Fund.
Such transferred service shall be deemed to be |
18 | | service as a sheriff's law
enforcement employee for the |
19 | | purposes of Section 7-142.1.
|
20 | | 10. For service transferred from an Article 3 system |
21 | | under Section 3-110.8: Credits and
creditable service |
22 | | shall be granted for service under Article 3 of this Act as |
23 | | provided in Section 3-110.8, to any active member of this |
24 | | Fund upon
transfer of such credits pursuant to Section |
25 | | 3-110.8. If the amount by
which (1) the employer and |
26 | | employee contributions that would have been required
if he |
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1 | | had participated in this Fund during the period for which |
2 | | credit is
being transferred, plus interest thereon at the |
3 | | effective rate for each
year, compounded annually, from the |
4 | | date of termination of the service for
which credit is |
5 | | being transferred to the date of payment, exceeds (2) the
|
6 | | amount actually transferred to the Fund, then the amount of |
7 | | creditable service established under this paragraph 10 |
8 | | shall be reduced by a corresponding amount in accordance |
9 | | with the rules and procedures established under this |
10 | | paragraph 10.
|
11 | | The board shall establish by rule the manner of making |
12 | | the calculation required under
this paragraph 10, taking |
13 | | into account the appropriate actuarial
assumptions; the |
14 | | member's service, age, and salary history; the level
of |
15 | | funding of the employer; and
any other factors that the |
16 | | board determines to be relevant.
|
17 | | Until January 1, 2010, members who transferred service |
18 | | from an Article 3 system under the provisions of Public Act |
19 | | 94-356 may establish additional credit in this Fund, but |
20 | | only up to the amount of the service credit reduction in |
21 | | that transfer, as calculated under the actuarial |
22 | | assumptions. This credit may be established upon payment by |
23 | | the member of an amount to be determined by the board, |
24 | | equal to (1) the amount that would have been contributed as |
25 | | employee and employer contributions had all the service |
26 | | been as an employee under this Article, plus interest |
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1 | | thereon compounded annually from the date of service to the |
2 | | date of transfer, less (2) the total amount transferred |
3 | | from the Article 3 system, plus (3) interest on the |
4 | | difference at the effective rate for each year, compounded |
5 | | annually, from the date of the transfer to the date of |
6 | | payment. The additional service credit is allowed under |
7 | | this amendatory Act of the 95th General Assembly |
8 | | notwithstanding the provisions of Article 3 terminating |
9 | | all transferred credits on the date of transfer. |
10 | | (b) Creditable service - amount:
|
11 | | 1. One month of creditable service
shall be allowed for |
12 | | each month for which a participating employee made
|
13 | | contributions as required under Section 7-173, or for which |
14 | | creditable
service is otherwise granted hereunder. Not |
15 | | more than 1 month of
service shall be credited and counted |
16 | | for 1 calendar month, and not more
than 1 year of service |
17 | | shall be credited and counted for any calendar
year. A |
18 | | calendar month means a nominal month beginning on the first |
19 | | day
thereof, and a calendar year means a year beginning |
20 | | January 1 and ending
December 31.
|
21 | | 2. A seasonal employee shall be given 12 months of |
22 | | creditable
service if he renders the number of months of |
23 | | service normally required
by the position in a 12-month |
24 | | period and he remains in service for the
entire 12-month |
25 | | period. Otherwise a fractional year of service in the
|
26 | | number of months of service rendered shall be credited.
|
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1 | | 3. An intermittent employee shall be given creditable |
2 | | service for
only those months in which a contribution is |
3 | | made under Section 7-173.
|
4 | | (c) No application for correction of credits or creditable |
5 | | service shall
be considered unless the board receives an |
6 | | application for correction while
(1) the applicant is a |
7 | | participating employee and in active employment
with a |
8 | | participating municipality or instrumentality, or (2) while |
9 | | the
applicant is actively participating in a pension fund or |
10 | | retirement
system which is a participating system under the |
11 | | Retirement Systems
Reciprocal Act. A participating employee or |
12 | | other applicant shall not be
entitled to credits or creditable |
13 | | service unless the required employee
contributions are made in |
14 | | a lump sum or in installments made in accordance
with board |
15 | | rule.
|
16 | | (d) Upon the granting of a retirement, surviving spouse or |
17 | | child
annuity, a death benefit or a separation benefit, on |
18 | | account of any
employee, all individual accumulated credits |
19 | | shall thereupon terminate.
Upon the withdrawal of additional |
20 | | contributions, the credits applicable
thereto shall thereupon |
21 | | terminate. Terminated credits shall not be applied
to increase |
22 | | the benefits any remaining employee would otherwise receive |
23 | | under
this Article.
|
24 | | (Source: P.A. 96-299, eff. 8-11-09; 97-415, eff. 8-16-11.)
|
25 | | (40 ILCS 5/9-219) (from Ch. 108 1/2, par. 9-219)
|
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1 | | Sec. 9-219. Computation of service.
|
2 | | (1) In computing the term of service of an employee prior |
3 | | to the effective
date, the entire period beginning on the date |
4 | | he was first appointed and
ending on the day before the |
5 | | effective date, except any intervening period
during which he |
6 | | was separated by withdrawal from service, shall be counted
for |
7 | | all purposes of this Article.
|
8 | | (2) In computing the term of service of any employee on or |
9 | | after the
effective date, the following periods of time shall |
10 | | be counted as periods
of service for age and service, widow's |
11 | | and child's annuity purposes:
|
12 | | (a) The time during which he performed the duties of |
13 | | his position.
|
14 | | (b) Vacations, leaves of absence with whole or part |
15 | | pay, and leaves of
absence without pay not longer than 90 |
16 | | days.
|
17 | | (c) For an employee who is a member of a county police |
18 | | department or a
correctional officer with the county |
19 | | department of corrections, approved
leaves of absence |
20 | | without pay during which the
employee serves as a full-time |
21 | | officer or employee of an employee
association, the |
22 | | membership of which consists of other participants in the
|
23 | | Fund, provided that the employee contributes to the
Fund |
24 | | (1) the amount that he would have contributed had he |
25 | | remained an active
employee in the position he
occupied at |
26 | | the time the leave of absence was granted, (2) an amount |
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1 | | calculated
by the Board representing employer |
2 | | contributions, and (3) regular interest
thereon from the |
3 | | date of service to the date of payment. However, if the
|
4 | | employee's application to establish credit under this |
5 | | subsection is received
by the Fund on or after July 1, 2002 |
6 | | and before July 1, 2003, the amount
representing employer |
7 | | contributions specified in item (2) shall be waived.
|
8 | | For a former member of a county police department who |
9 | | has received a
refund under Section 9-164, periods during |
10 | | which the employee serves as
head of an employee |
11 | | association, the membership of which consists of other
|
12 | | police officers, provided that the employee contributes to |
13 | | the Fund (1) the
amount that he would have contributed had |
14 | | he remained an active member of
the county police |
15 | | department in the position he occupied at the time he
left |
16 | | service, (2) an amount calculated by the Board representing |
17 | | employer
contributions, and (3) regular interest thereon |
18 | | from the date of service to
the date of payment. However, |
19 | | if the former member of the county police
department |
20 | | retires on or after January 1, 1993 but no later than March |
21 | | 1,
1993, the amount representing employer contributions |
22 | | specified in item (2)
shall be waived.
|
23 | | For leaves of absence to which this item (c) applies |
24 | | and for other periods to which this item (c) applies, |
25 | | including those leaves of absence and other periods of |
26 | | service beginning before January 5, 2012 ( the effective |
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1 | | date of Public Act 97-651) this amendatory Act of the 97th |
2 | | General Assembly , the employee or former member must |
3 | | continue to remain in sworn status, subject to the |
4 | | professional standards of the public employer or those |
5 | | terms established in statute.
|
6 | | (d) Any period of disability for which he received |
7 | | disability benefit or
whole or part pay.
|
8 | | (e) For a person who first becomes an employee before |
9 | | the effective date of this amendatory Act of the 98th |
10 | | General Assembly, accumulated Accumulated vacation or |
11 | | other time for which an employee who
retires on or after |
12 | | November 1, 1990 receives a lump sum payment at the
time of |
13 | | retirement, provided that contributions were made to the |
14 | | fund at
the time such lump sum payment was received. The |
15 | | service granted for the
lump sum payment shall not change |
16 | | the employee's date of withdrawal for
computing the |
17 | | effective date of the annuity.
|
18 | | (f) An employee who first becomes an employee before |
19 | | the effective date of this amendatory Act of the 98th |
20 | | General Assembly may receive service credit for annuity |
21 | | purposes for
accumulated sick leave as of the date of the |
22 | | employee's withdrawal from
service, not to exceed a total |
23 | | of 180 days, provided that the amount of
such accumulated |
24 | | sick leave is certified by the County Comptroller to the
|
25 | | Board and the employee pays an amount equal to 8.5% (9% for |
26 | | members
of the County Police Department who are eligible to |
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1 | | receive an annuity
under Section 9-128.1) of the amount |
2 | | that would have been paid had such
accumulated sick leave |
3 | | been paid at the employee's final rate of salary.
Such |
4 | | payment shall be made within 30 days after the date of |
5 | | withdrawal and
prior to receipt of the first annuity check. |
6 | | The service credit granted
for such accumulated sick leave |
7 | | shall not change the employee's date of
withdrawal for the |
8 | | purpose of computing the effective date of the annuity.
|
9 | | (3) In computing the term of service of an employee on or |
10 | | after the
effective date for ordinary disability benefit |
11 | | purposes, the following
periods of time shall be counted as |
12 | | periods of service:
|
13 | | (a) Unless otherwise specified in Section 9-157, the |
14 | | time during which
he performed the duties of his position.
|
15 | | (b) Paid vacations and leaves of absence with whole or |
16 | | part pay.
|
17 | | (c) Any period for which he received duty disability |
18 | | benefit.
|
19 | | (d) Any period of disability for which he received |
20 | | whole or part pay.
|
21 | | (4) For an employee who on January 1, 1958, was transferred |
22 | | by Act
of the 70th General Assembly from his position in a |
23 | | department of welfare
of any city located in the county in |
24 | | which this Article is in force and
effect to a similar position |
25 | | in a department of such county, service shall
also be credited |
26 | | for ordinary disability benefit and child's annuity for
such |
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1 | | period of department of welfare service during which period he |
2 | | was a
contributor to a statutory annuity and benefit fund in |
3 | | such city and for
which purposes service credit would otherwise |
4 | | not be credited by virtue of
such involuntary transfer.
|
5 | | (5) An employee described in subsection (e) of Section |
6 | | 9-108 shall receive
credit for child's annuity and ordinary |
7 | | disability benefit for the period of
time for which he was |
8 | | credited with service in the fund from which he was
|
9 | | involuntarily separated through class or group transfer; |
10 | | provided, that no such
credit shall be allowed to the extent |
11 | | that it results in a duplication of
credits or benefits, and |
12 | | neither shall such credit be allowed to the extent
that it was |
13 | | or may be forfeited by the application for and acceptance of a
|
14 | | refund from the fund from which the employee was transferred.
|
15 | | (6) Overtime or extra service shall not be included in |
16 | | computing
service. Not more than 1 year of service shall be |
17 | | allowed for service
rendered during any calendar year.
|
18 | | (7) Unused sick or vacation time shall not be used to |
19 | | compute the service of an employee who first becomes an |
20 | | employee on or after the effective date of this amendatory Act |
21 | | of the 98th General Assembly. |
22 | | (Source: P.A. 97-651, eff. 1-5-12.)
|
23 | | (40 ILCS 5/9-220) (from Ch. 108 1/2, par. 9-220)
|
24 | | Sec. 9-220. Basis of service credit.
|
25 | | (a) In computing the period of service of any employee for |
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1 | | annuity
purposes under Section 9-134, the following provisions |
2 | | shall govern:
|
3 | | (1) All periods prior to the effective date shall be |
4 | | computed in
accordance with the provisions governing the |
5 | | computation of such
service.
|
6 | | (2) Service on or after the effective date shall |
7 | | include:
|
8 | | (i) The actual period of time the employee |
9 | | contributes or has
contributed to the fund for service |
10 | | rendered to age 65 plus the actual
period of time after |
11 | | age 65 for which the employee performs the duties of
|
12 | | his position or performs such duties and is given a |
13 | | county contribution for
age and service annuity or |
14 | | minimum annuity purposes.
|
15 | | (ii) Leaves of absence from duty, or vacation, for |
16 | | which an
employee receives all or part of his salary.
|
17 | | (iii) For a person who first becomes an employee |
18 | | before the effective date of this amendatory Act of the |
19 | | 98th General Assembly, accumulated Accumulated |
20 | | vacation or other time for which an employee who
|
21 | | retires on or after November 1, 1990 receives a lump |
22 | | sum payment at the
time of retirement, provided that |
23 | | contributions were made to the fund at
the time such |
24 | | lump sum payment was received. The service granted for |
25 | | the
lump sum payment shall not change the employee's |
26 | | date of withdrawal for
computing the effective date of |
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1 | | the annuity.
|
2 | | (iv) For a person who first becomes an employee |
3 | | before the effective date of this amendatory Act of the |
4 | | 98th General Assembly, accumulated Accumulated sick |
5 | | leave as of the date of the employee's
withdrawal from |
6 | | service, not to exceed a total of 180 days, provided |
7 | | that
the amount of such accumulated sick leave is |
8 | | certified by the County
Comptroller to the Board and |
9 | | the employee pays an amount equal to 8.5% (9%
for |
10 | | members of the County Police Department who are |
11 | | eligible to receive an
annuity under Section 9-128.1) |
12 | | of the amount that would have been paid had
such |
13 | | accumulated sick leave been paid at the employee's |
14 | | final rate of
salary. Such payment shall be made within |
15 | | 30 days after the date of
withdrawal and prior to |
16 | | receipt of the first annuity check. The service
credit |
17 | | granted for such accumulated sick leave shall not |
18 | | change the
employee's date of withdrawal for the |
19 | | purpose of computing the effective
date of the annuity.
|
20 | | (v) Periods during which the employee has had |
21 | | contributions for
annuity purposes made for him in |
22 | | accordance with law while on military
leave of absence |
23 | | during World War II.
|
24 | | (vi) Periods during which the employee receives a
|
25 | | disability benefit under this Article. |
26 | | (vii) For any person who first becomes a member on |
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1 | | or after January 1, 2011, the actual period of time the |
2 | | employee contributes or has contributed to the fund for |
3 | | service rendered up to the limitation on salary in |
4 | | subsection (b-5) of Section 1-160 plus the actual |
5 | | period of time thereafter for which the employee |
6 | | performs the duties of his position and ceased |
7 | | contributing due to the salary limitation in |
8 | | subsection (b-5) of Section 1-160.
|
9 | | (3) The right to have certain periods of time
|
10 | | considered as service as stated in paragraph (2) of Section |
11 | | 9-164 shall
not apply for annuity purposes unless the |
12 | | refunds shall have been repaid
in accordance with this |
13 | | Article.
|
14 | | (4) All service shall be computed
in whole calendar |
15 | | months, and at least 15 days of service in any one
calendar |
16 | | month shall constitute one calendar month of service, and 1
|
17 | | year of service shall be equal to the number of months, |
18 | | days or hours
for which an appropriation was made in the |
19 | | annual appropriation
ordinance for the position held by the |
20 | | employee.
|
21 | | (5) Unused sick or vacation time shall not be used to |
22 | | compute the service of an employee who first becomes an |
23 | | employee on or after the effective date of this amendatory |
24 | | Act of the 98th General Assembly. |
25 | | (b) For all other annuity purposes of this Article the |
26 | | following
schedule shall govern the computation of a year of |
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1 | | service of an
employee whose salary or wages is on the basis |
2 | | stated, and any
fractional part of a year of service shall be |
3 | | determined according to
said schedule:
|
4 | | Annual or Monthly Basis: Service during 4 months in any 1 |
5 | | calendar
year;
|
6 | | Weekly Basis: Service during any 17 weeks of any 1 calendar |
7 | | year, and
service during any week shall constitute a week of |
8 | | service;
|
9 | | Daily Basis: Service during 100 days in any 1 calendar |
10 | | year, and
service during any day shall constitute a day of |
11 | | service;
|
12 | | Hourly Basis: Service during 800 hours in any 1 calendar |
13 | | year, and
service during any hour shall constitute an hour of |
14 | | service.
|
15 | | (Source: P.A. 96-1490, eff. 1-1-11.)
|
16 | | (40 ILCS 5/14-103.10) (from Ch. 108 1/2, par. 14-103.10)
|
17 | | Sec. 14-103.10. Compensation.
|
18 | | (a) For periods of service prior to January 1, 1978, the |
19 | | full rate of salary
or wages payable to an employee for |
20 | | personal services performed if he worked
the full normal |
21 | | working period for his position, subject to the following
|
22 | | maximum amounts: (1) prior to July 1, 1951, $400 per month or |
23 | | $4,800 per year;
(2) between July 1, 1951 and June 30, 1957 |
24 | | inclusive, $625 per month or $7,500
per year; (3) beginning |
25 | | July 1, 1957, no limitation.
|
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1 | | In the case of service of an employee in a position |
2 | | involving
part-time employment, compensation shall be |
3 | | determined according to the
employees' earnings record.
|
4 | | (b) For periods of service on and after January 1, 1978, |
5 | | all
remuneration for personal services performed defined as |
6 | | "wages" under
the Social Security Enabling Act, including that |
7 | | part of such
remuneration which is in excess of any maximum |
8 | | limitation provided in
such Act, and including any benefits |
9 | | received by an employee under a sick
pay plan in effect before |
10 | | January 1, 1981, but excluding lump sum salary
payments:
|
11 | | (1) for vacation,
|
12 | | (2) for accumulated unused sick leave,
|
13 | | (3) upon discharge or dismissal,
|
14 | | (4) for approved holidays.
|
15 | | (c) For periods of service on or after December 16, 1978, |
16 | | compensation
also includes any benefits, other than lump sum |
17 | | salary payments made at
termination of employment, which an |
18 | | employee receives or is eligible to
receive under a sick pay |
19 | | plan authorized by law.
|
20 | | (d) For periods of service after September 30, 1985, |
21 | | compensation also
includes any remuneration for personal |
22 | | services not included as "wages"
under the Social Security |
23 | | Enabling Act, which is deducted for purposes of
participation |
24 | | in a program established pursuant to Section 125 of the
|
25 | | Internal Revenue Code or its successor laws.
|
26 | | (e) For members for which Section 1-160 applies for periods |
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1 | | of service on and after January 1, 2011, all remuneration for |
2 | | personal services performed defined as "wages" under the Social |
3 | | Security Enabling Act, excluding remuneration that is in excess |
4 | | of the annual earnings, salary, or wages of a member or |
5 | | participant, as provided in subsection (b-5) of Section 1-160, |
6 | | but including any benefits received by an employee under a sick |
7 | | pay plan in effect before January 1, 1981.
Compensation shall |
8 | | exclude lump sum salary payments: |
9 | | (1) for vacation; |
10 | | (2) for accumulated unused sick leave; |
11 | | (3) upon discharge or dismissal; and |
12 | | (4) for approved holidays. |
13 | | (f) Notwithstanding any other provision of this Code, the |
14 | | compensation of a Tier I member for the purposes of this Code |
15 | | shall not exceed, for periods of service on or after the |
16 | | effective date of this amendatory Act of the 98th General |
17 | | Assembly, the greater of (i) the limitation determined from |
18 | | time to time under subsection (b-5) of Section 1-160 of this |
19 | | Code for persons subject to that Section or (ii) the annual |
20 | | compensation of the member during the 365 days immediately |
21 | | preceding that effective date; except that this limitation does |
22 | | not apply to a member's compensation that is determined under |
23 | | an employment contract or collective bargaining agreement that |
24 | | is in effect on the effective date of this amendatory Act of |
25 | | the 98th General Assembly and has not been amended or renewed |
26 | | after that date. |
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1 | | (Source: P.A. 96-1490, eff. 1-1-11.)
|
2 | | (40 ILCS 5/14-103.40 new) |
3 | | Sec. 14-103.40. Tier I member. "Tier I member": A member of |
4 | | this System who first became a member or participant before |
5 | | January 1, 2011 under any reciprocal retirement system or |
6 | | pension fund established under this Code other than a |
7 | | retirement system or pension fund established under Article 2, |
8 | | 3, 4, 5, 6, or 18 of this Code. |
9 | | (40 ILCS 5/14-103.41 new) |
10 | | Sec. 14-103.41. Tier I retiree. "Tier I retiree": A former |
11 | | Tier I member who is receiving a retirement annuity.
|
12 | | (40 ILCS 5/14-104.3) (from Ch. 108 1/2, par. 14-104.3)
|
13 | | Sec. 14-104.3.
Notwithstanding provisions contained in
|
14 | | Section 14-103.10, any person who first becomes a member before |
15 | | the effective date of this amendatory Act of the 98th General |
16 | | Assembly and who at the time of retirement and after December
|
17 | | 6, 1983 receives compensation
in a lump sum for accumulated |
18 | | vacation, sickness, or personal business may
receive service |
19 | | credit for such periods by making contributions within 90
days |
20 | | of withdrawal, based on the rate of compensation in effect |
21 | | immediately
prior to retirement and the contribution rate then |
22 | | in effect. Any person who first becomes a member on or after |
23 | | the effective date of this amendatory Act of the 98th General |
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1 | | Assembly and who receives compensation
in a lump sum for |
2 | | accumulated vacation, sickness, or personal business may
not |
3 | | receive service credit for such periods. Exercising
the option |
4 | | provided in
this Section shall not change a member's date of |
5 | | withdrawal or final average
compensation for purposes of |
6 | | computing the amount or effective date of a
retirement annuity. |
7 | | Any annuitant who establishes service credit as herein
provided |
8 | | shall have his retirement annuity adjusted retroactively to the
|
9 | | date of retirement.
|
10 | | (Source: P.A. 83-1362.)
|
11 | | (40 ILCS 5/14-106) (from Ch. 108 1/2, par. 14-106)
|
12 | | Sec. 14-106. Membership service credit.
|
13 | | (a) After January 1, 1944, all
service of a member since he |
14 | | last became a member with respect to which
contributions are |
15 | | made shall count as membership service; provided, that
for |
16 | | service on and after July 1, 1950, 12 months of service shall
|
17 | | constitute a year of membership service, the completion of 15 |
18 | | days or
more of service during any month shall constitute 1 |
19 | | month of membership
service, 8 to 15 days shall constitute 1/2 |
20 | | month of membership service
and less than 8 days shall |
21 | | constitute 1/4 month of membership service.
The payroll record |
22 | | of each department shall constitute conclusive
evidence of the |
23 | | record of service rendered by a member.
|
24 | | (b) For a member who is employed and paid on an |
25 | | academic-year basis
rather than on a 12-month annual basis, |
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1 | | employment for a full academic year
shall constitute a full |
2 | | year of membership service, except that the member
shall not |
3 | | receive more than one year of membership service credit (plus |
4 | | any
additional service credit granted for unused sick leave) |
5 | | for service during
any 12-month period. This subsection (b) |
6 | | applies to all such service for which
the member has not begun |
7 | | to receive a retirement annuity before January 1,
2001.
|
8 | | (c) A person who first becomes a member before the |
9 | | effective date of this amendatory Act of the 98th General |
10 | | Assembly shall be entitled to additional service credit, under
|
11 | | rules prescribed by the Board, for accumulated unused sick |
12 | | leave credited
to his account in the last Department on the |
13 | | date of withdrawal from
service or for any period for which he |
14 | | would have been eligible to receive
benefits under a sick pay |
15 | | plan authorized by law, if he had suffered a
sickness or |
16 | | accident on the date of withdrawal from service. It shall be |
17 | | the
responsibility of the last Department to certify to the |
18 | | Board the length of
time salary or benefits would have been |
19 | | paid to the member based upon the
accumulated unused sick leave |
20 | | or the applicable sick pay plan if he had
become entitled |
21 | | thereto because of sickness on the date that his status as
an |
22 | | employee terminated. This period of service credit granted |
23 | | under this
paragraph shall not be considered in determining the |
24 | | date the retirement
annuity is to begin, or final average |
25 | | compensation.
|
26 | | (d) A person who first becomes a member on or after the |
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1 | | effective date of this amendatory Act of the 98th General |
2 | | Assembly shall not be entitled to additional service credit for |
3 | | accumulated unused sick leave. |
4 | | (Source: P.A. 92-14, eff. 6-28-01.)
|
5 | | (40 ILCS 5/14-107) (from Ch. 108 1/2, par. 14-107)
|
6 | | Sec. 14-107. Retirement annuity - service and age - |
7 | | conditions. |
8 | | (a) A member is entitled to a retirement annuity after |
9 | | having at least 8 years of
creditable service.
|
10 | | (b) A member who has at least 35 years of creditable |
11 | | service may claim his
or her retirement annuity at any age.
A |
12 | | member having at least 8 years of creditable service but less |
13 | | than 35 may
claim his or her retirement annuity upon or after |
14 | | attainment of age 60
or, beginning January 1, 2001, any lesser |
15 | | age which, when added to the
number of years of his or her |
16 | | creditable service, equals at least 85.
A member upon or after |
17 | | attainment of age 55 having at least 25 years of creditable |
18 | | service (30 years if retirement is before
January 1, 2001) may |
19 | | elect to receive the lower retirement annuity provided
in |
20 | | paragraph (c) of Section 14-108 of this Code. For purposes of |
21 | | the rule
of 85, portions of years shall be counted in whole |
22 | | months.
|
23 | | (c) Notwithstanding subsection (b) of this Section, for a |
24 | | Tier I member who begins receiving a retirement annuity under |
25 | | this Article on or after July 1, 2013: |
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1 | | (1) If the Tier I member is at least 45 years old on |
2 | | the effective date of this amendatory Act of the 98th |
3 | | General Assembly, then the references to age 55 and 60 in |
4 | | subsection (b) of this Section remain unchanged and the |
5 | | references to 85 in subsection (b) of this Section remain |
6 | | unchanged. |
7 | | (2) If the Tier I member is at least 40 but less than |
8 | | 45 years old on the effective date of this amendatory Act |
9 | | of the 98th General Assembly, then the references to age 55 |
10 | | and 60 in subsection (b) of this Section are increased by |
11 | | one year and the references to 85 in subsection (b) are |
12 | | increased to 87. |
13 | | (3) If the Tier I member is at least 35 but less than |
14 | | 40 years old on the effective date of this amendatory Act |
15 | | of the 98th General Assembly, then the references to age 55 |
16 | | and 60 in subsection (b) of this Section are increased by 3 |
17 | | years and the references to 85 in subsection (b) are |
18 | | increased to 91. |
19 | | (4) If the Tier I member is less than 35 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 are increased by 5 years and |
23 | | the references to 85 in subsection (b) are increased to 95. |
24 | | Notwithstanding Section 1-103.1, this subsection (c) |
25 | | applies without regard to whether or not the Tier I member is |
26 | | in active service under this Article on or after the effective |
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1 | | date of this amendatory Act of the 98th General Assembly. |
2 | | (d) The allowance shall begin with the first full calendar |
3 | | month specified in the
member's application therefor, the first |
4 | | day of which shall not be before the
date of withdrawal as |
5 | | approved by the board. Regardless of the date of
withdrawal, |
6 | | the allowance need not begin within one year of application
|
7 | | therefor.
|
8 | | (Source: P.A. 91-927, eff. 12-14-00.)
|
9 | | (40 ILCS 5/14-108) (from Ch. 108 1/2, par. 14-108)
|
10 | | Sec. 14-108. Amount of retirement annuity. A member who has |
11 | | contributed to the System for at least 12 months shall
be |
12 | | entitled to a prior service annuity for each year of certified |
13 | | prior
service credited to him, except that a member shall |
14 | | receive 1/3 of the prior
service annuity for each year of |
15 | | service for which contributions have been
made and all of such |
16 | | annuity shall be payable after the member has made
|
17 | | contributions for a period of 3 years. Proportionate amounts |
18 | | shall be payable
for service of less than a full year after |
19 | | completion of at least 12 months.
|
20 | | The total period of service to be considered in |
21 | | establishing the measure
of prior service annuity shall include |
22 | | service credited in the Teachers'
Retirement System of the |
23 | | State of Illinois and the State Universities
Retirement System |
24 | | for which contributions have been made by the member to
such |
25 | | systems; provided that at least 1 year of the total period of 3 |
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1 | | years
prescribed for the allowance of a full measure of prior |
2 | | service annuity
shall consist of membership service in this |
3 | | system for which credit has been
granted.
|
4 | | (a) In the case of a member who retires on or after January |
5 | | 1, 1998 and
is a noncovered employee, the retirement annuity |
6 | | for membership service and
prior service shall be 2.2% of final |
7 | | average compensation for each year of
service. Any service |
8 | | credit established as a covered employee shall be
computed as |
9 | | stated in
paragraph (b).
|
10 | | (b) In the case of a member who retires on or after January |
11 | | 1, 1998
and is a covered employee, the retirement annuity for |
12 | | membership
service and prior service shall be computed as |
13 | | stated in paragraph (a) for
all service credit established as a |
14 | | noncovered employee; for service credit
established as a |
15 | | covered employee it shall be 1.67% of final average
|
16 | | compensation for each year of service.
|
17 | | (c) For a member
retiring after attaining age 55 but before |
18 | | age 60 with at least 30 but less
than 35 years of creditable |
19 | | service if retirement is before January 1, 2001, or
with at |
20 | | least 25 but less than 30 years of creditable service if |
21 | | retirement is
on or after January 1, 2001, the retirement |
22 | | annuity shall be reduced by 1/2
of 1% for each month that the |
23 | | member's age is under age 60 at the time of
retirement. For |
24 | | members to whom subsection (c) of Section 14-107 applies, the |
25 | | references to age 55 and 60 in this subsection (c) are |
26 | | increased as provided in subsection (c) of Section 14-107.
|
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1 | | (d) A retirement annuity shall not exceed 75% of final |
2 | | average compensation,
subject to such extension as may result |
3 | | from the application of Section 14-114
or Section 14-115.
|
4 | | (e) The retirement annuity payable to any covered employee |
5 | | who is a member
of the System and in service on January 1, |
6 | | 1969, or in service thereafter
in 1969 as a result of |
7 | | legislation enacted by the Illinois General Assembly
|
8 | | transferring the member to State employment from county |
9 | | employment in a
county Department of Public Aid in counties of |
10 | | 3,000,000 or more population,
under a plan of coordination with |
11 | | the Old Age, Survivors and Disability
provisions thereof, if |
12 | | not fully insured for Old Age Insurance payments
under the |
13 | | Federal Old Age, Survivors and Disability Insurance provisions
|
14 | | at the date of acceptance of a retirement annuity, shall not be |
15 | | less than
the amount for which the member would have been |
16 | | eligible if coordination
were not applicable.
|
17 | | (f) The retirement annuity payable to any covered employee |
18 | | who is a member
of the System and in service on January 1, |
19 | | 1969, or in service thereafter
in 1969 as a result of the |
20 | | legislation designated in the immediately preceding
paragraph, |
21 | | if fully insured for Old Age Insurance payments under the |
22 | | Federal
Social Security Act at the date of acceptance of a |
23 | | retirement annuity, shall
not be less than an amount which when |
24 | | added to the Primary Insurance Benefit
payable to the member |
25 | | upon attainment of age 65 under such Federal Act,
will equal |
26 | | the annuity which would otherwise be payable if the coordinated
|
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1 | | plan of coverage were not applicable.
|
2 | | (g) In the case of a member who is a noncovered employee, |
3 | | the retirement
annuity for membership service as a security |
4 | | employee of the Department of
Corrections or security employee |
5 | | of the Department of Human Services shall
be: if retirement |
6 | | occurs on or after January 1, 2001, 3% of final average
|
7 | | compensation for each year of creditable service; or if |
8 | | retirement occurs
before January 1, 2001, 1.9% of final average |
9 | | compensation for each of the
first 10 years of service, 2.1% |
10 | | for each of the next 10 years of
service, 2.25% for each year |
11 | | of service in excess of 20 but not
exceeding 30, and 2.5% for |
12 | | each year in excess of 30; except that the
annuity may be |
13 | | calculated under subsection (a) rather than this subsection (g)
|
14 | | if the resulting annuity is greater.
|
15 | | (h) In the case of a member who is a covered employee, the |
16 | | retirement
annuity for membership service as a security |
17 | | employee of the Department of
Corrections or security employee |
18 | | of the Department of Human Services shall
be: if retirement |
19 | | occurs on or after January 1, 2001, 2.5% of final average
|
20 | | compensation for each year of creditable service; if retirement |
21 | | occurs before
January 1, 2001, 1.67% of final average |
22 | | compensation 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.
|
26 | | (i) For the purposes of this Section and Section 14-133 of |
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1 | | this Act,
the term "security employee of the Department of |
2 | | Corrections" and the term
"security employee of the Department |
3 | | of Human Services" shall have the
meanings ascribed to them in |
4 | | subsection (c) of Section 14-110.
|
5 | | (j) The retirement annuity computed pursuant to paragraphs |
6 | | (g) or (h)
shall be applicable only to those security employees |
7 | | of the Department of
Corrections and security employees of the |
8 | | Department of Human Services who
have at least 20 years of |
9 | | membership service and who are not eligible for
the alternative |
10 | | retirement annuity provided under Section 14-110. However,
|
11 | | persons transferring to this System under Section 14-108.2 or |
12 | | 14-108.2c
who have service credit under Article 16 of this Code |
13 | | may count such service
toward establishing their eligibility |
14 | | under the 20-year service requirement of
this subsection; but |
15 | | such service may be used only for establishing such
|
16 | | eligibility, and not for the purpose of increasing or |
17 | | calculating any benefit.
|
18 | | (k) (Blank).
|
19 | | (l) The changes to this Section made by this amendatory Act |
20 | | of 1997
(changing certain retirement annuity formulas from a |
21 | | stepped rate to a flat
rate) apply to members who retire on or |
22 | | after January 1, 1998, without regard
to whether employment |
23 | | terminated before the effective date of this amendatory
Act of |
24 | | 1997. An annuity shall not be calculated in steps by using the |
25 | | new flat
rate for some steps and the superseded stepped rate |
26 | | for other steps of the same
type of service.
|
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1 | | (Source: P.A. 91-927, eff. 12-14-00; 92-14, eff. 6-28-01.)
|
2 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
|
3 | | Sec. 14-110. Alternative retirement annuity.
|
4 | | (a) Any member who has withdrawn from service with not less |
5 | | than 20
years of eligible creditable service and has attained |
6 | | age 55, and any
member who has withdrawn from service with not |
7 | | less than 25 years of
eligible creditable service and has |
8 | | attained age 50, regardless of whether
the attainment of either |
9 | | of the specified ages occurs while the member is
still in |
10 | | service, shall be entitled to receive at the option of the |
11 | | member,
in lieu of the regular or minimum retirement annuity, a |
12 | | retirement annuity
computed as follows:
|
13 | | (i) for periods of service as a noncovered employee:
if |
14 | | retirement occurs on or after January 1, 2001, 3% of final
|
15 | | average compensation for each year of creditable service; |
16 | | if retirement occurs
before January 1, 2001, 2 1/4% of |
17 | | final average compensation for each of the
first 10 years |
18 | | of creditable service, 2 1/2% for each year above 10 years |
19 | | to
and including 20 years of creditable service, and 2 3/4% |
20 | | for each year of
creditable service above 20 years; and
|
21 | | (ii) for periods of eligible creditable service as a |
22 | | covered employee:
if retirement occurs on or after January |
23 | | 1, 2001, 2.5% of final average
compensation for each year |
24 | | of creditable service; if retirement occurs before
January |
25 | | 1, 2001, 1.67% of final average compensation for each of |
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1 | | the first
10 years of such service, 1.90% for each of the |
2 | | next 10 years of such service,
2.10% for each year of such |
3 | | service in excess of 20 but not exceeding 30, and
2.30% for |
4 | | each year in excess of 30.
|
5 | | Such annuity shall be subject to a maximum of 75% of final |
6 | | average
compensation if retirement occurs before January 1, |
7 | | 2001 or to a maximum
of 80% of final average compensation if |
8 | | retirement occurs on or after January
1, 2001.
|
9 | | These rates shall not be applicable to any service |
10 | | performed
by a member as a covered employee which is not |
11 | | eligible creditable service.
Service as a covered employee |
12 | | which is not eligible creditable service
shall be subject to |
13 | | the rates and provisions of Section 14-108.
|
14 | | (a-5) Notwithstanding subsection (a) of this Section, for a |
15 | | Tier I member who begins receiving a retirement annuity under |
16 | | this Section on or after July 1, 2013: |
17 | | (1) If the Tier I member is at least 45 years old on |
18 | | the effective date of this amendatory Act of the 98th |
19 | | General Assembly, then the references to age 50 and 55 in |
20 | | subsection (a) of this Section remain unchanged. |
21 | | (2) If the Tier I member is at least 40 but less than |
22 | | 45 years old on the effective date of this amendatory Act |
23 | | of the 98th General Assembly, then the references to age 50 |
24 | | and 55 in subsection (a) of this Section are increased by |
25 | | one year. |
26 | | (3) If the Tier I member is at least 35 but less than |
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1 | | 40 years old on the effective date of this amendatory Act |
2 | | of the 98th General Assembly, then the references to age 50 |
3 | | and 55 in subsection (a) of this Section are increased by 3 |
4 | | years. |
5 | | (4) If the Tier I member is less than 35 years old on |
6 | | the effective date of this amendatory Act of the 98th |
7 | | General Assembly, then the references to age 50 and 55 in |
8 | | subsection (a) of this Section are increased by 5 years. |
9 | | Notwithstanding Section 1-103.1, this subsection (a-5) |
10 | | applies without regard to whether or not the Tier I member is |
11 | | in active service under this Article on or after the effective |
12 | | date of this amendatory Act of the 98th General Assembly. |
13 | | (b) For the purpose of this Section, "eligible creditable |
14 | | service" means
creditable service resulting from service in one |
15 | | or more of the following
positions:
|
16 | | (1) State policeman;
|
17 | | (2) fire fighter in the fire protection service of a |
18 | | department;
|
19 | | (3) air pilot;
|
20 | | (4) special agent;
|
21 | | (5) investigator for the Secretary of State;
|
22 | | (6) conservation police officer;
|
23 | | (7) investigator for the Department of Revenue or the |
24 | | Illinois Gaming Board;
|
25 | | (8) security employee of the Department of Human |
26 | | Services;
|
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1 | | (9) Central Management Services security police |
2 | | officer;
|
3 | | (10) security employee of the Department of |
4 | | Corrections or the Department of Juvenile Justice;
|
5 | | (11) dangerous drugs investigator;
|
6 | | (12) investigator for the Department of State Police;
|
7 | | (13) investigator for the Office of the Attorney |
8 | | General;
|
9 | | (14) controlled substance inspector;
|
10 | | (15) investigator for the Office of the State's |
11 | | Attorneys Appellate
Prosecutor;
|
12 | | (16) Commerce Commission police officer;
|
13 | | (17) arson investigator;
|
14 | | (18) State highway maintenance worker.
|
15 | | A person employed in one of the positions specified in this |
16 | | subsection is
entitled to eligible creditable service for |
17 | | service credit earned under this
Article while undergoing the |
18 | | basic police training course approved by the
Illinois Law |
19 | | Enforcement Training
Standards Board, if
completion of that |
20 | | training is required of persons serving in that position.
For |
21 | | the purposes of this Code, service during the required basic |
22 | | police
training course shall be deemed performance of the |
23 | | duties of the specified
position, even though the person is not |
24 | | a sworn peace officer at the time of
the training.
|
25 | | (c) For the purposes of this Section:
|
26 | | (1) The term "state policeman" includes any title or |
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1 | | position
in the Department of State Police that is held by |
2 | | an individual employed
under the State Police Act.
|
3 | | (2) The term "fire fighter in the fire protection |
4 | | service of a
department" includes all officers in such fire |
5 | | protection service
including fire chiefs and assistant |
6 | | fire chiefs.
|
7 | | (3) The term "air pilot" includes any employee whose |
8 | | official job
description on file in the Department of |
9 | | Central Management Services, or
in the department by which |
10 | | he is employed if that department is not covered
by the |
11 | | Personnel Code, states that his principal duty is the |
12 | | operation of
aircraft, and who possesses a pilot's license; |
13 | | however, the change in this
definition made by this |
14 | | amendatory Act of 1983 shall not operate to exclude
any |
15 | | noncovered employee who was an "air pilot" for the purposes |
16 | | of this
Section on January 1, 1984.
|
17 | | (4) The term "special agent" means any person who by |
18 | | reason of
employment by the Division of Narcotic Control, |
19 | | the Bureau of Investigation
or, after July 1, 1977, the |
20 | | Division of Criminal Investigation, the
Division of |
21 | | Internal Investigation, the Division of Operations, or any
|
22 | | other Division or organizational
entity in the Department |
23 | | of State Police is vested by law with duties to
maintain |
24 | | public order, investigate violations of the criminal law of |
25 | | this
State, enforce the laws of this State, make arrests |
26 | | and recover property.
The term "special agent" includes any |
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1 | | title or position in the Department
of State Police that is |
2 | | held by an individual employed under the State
Police Act.
|
3 | | (5) The term "investigator for the Secretary of State" |
4 | | means any person
employed by the Office of the Secretary of |
5 | | State and vested with such
investigative duties as render |
6 | | him ineligible for coverage under the Social
Security Act |
7 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
8 | | 218(l)(1)
of that Act.
|
9 | | A person who became employed as an investigator for the |
10 | | Secretary of
State between January 1, 1967 and December 31, |
11 | | 1975, and who has served as
such until attainment of age |
12 | | 60, either continuously or with a single break
in service |
13 | | of not more than 3 years duration, which break terminated |
14 | | before
January 1, 1976, shall be entitled to have his |
15 | | retirement annuity
calculated in accordance with |
16 | | subsection (a), notwithstanding
that he has less than 20 |
17 | | years of credit for such service.
|
18 | | (6) The term "Conservation Police Officer" means any |
19 | | person employed
by the Division of Law Enforcement of the |
20 | | Department of Natural Resources and
vested with such law |
21 | | enforcement duties as render him ineligible for coverage
|
22 | | under the Social Security Act by reason of Sections |
23 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The |
24 | | term "Conservation Police Officer" includes
the positions |
25 | | of Chief Conservation Police Administrator and Assistant
|
26 | | Conservation Police Administrator.
|
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1 | | (7) The term "investigator for the Department of |
2 | | Revenue" means any
person employed by the Department of |
3 | | Revenue and vested with such
investigative duties as render |
4 | | him ineligible for coverage under the Social
Security Act |
5 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
6 | | 218(l)(1)
of that Act.
|
7 | | The term "investigator for the Illinois Gaming Board" |
8 | | means any
person employed as such by the Illinois Gaming |
9 | | Board and vested with such
peace officer duties as render |
10 | | the person ineligible for coverage under the Social
|
11 | | Security Act by reason of Sections 218(d)(5)(A), |
12 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
|
13 | | (8) The term "security employee of the Department of |
14 | | Human Services"
means any person employed by the Department |
15 | | of Human Services who (i) is
employed at the Chester Mental |
16 | | Health Center and has daily contact with the
residents |
17 | | thereof, (ii) is employed within a security unit at a |
18 | | facility
operated by the Department and has daily contact |
19 | | with the residents of the
security unit, (iii) is employed |
20 | | at a facility operated by the Department
that includes a |
21 | | security unit and is regularly scheduled to work at least
|
22 | | 50% of his or her working hours within that security unit, |
23 | | or (iv) is a mental health police officer.
"Mental health |
24 | | police officer" means any person employed by the Department |
25 | | of
Human Services in a position pertaining to the |
26 | | Department's mental health and
developmental disabilities |
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1 | | functions who is vested with such law enforcement
duties as |
2 | | render 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. "Security unit" |
5 | | means that portion of a facility that is devoted to
the |
6 | | care, containment, and treatment of persons committed to |
7 | | the Department of
Human Services as sexually violent |
8 | | persons, persons unfit to stand trial, or
persons not |
9 | | guilty by reason of insanity. With respect to past |
10 | | employment,
references to the Department of Human Services |
11 | | include its predecessor, the
Department of Mental Health |
12 | | and Developmental Disabilities.
|
13 | | The changes made to this subdivision (c)(8) by Public |
14 | | Act 92-14 apply to persons who retire on or after January |
15 | | 1,
2001, notwithstanding Section 1-103.1.
|
16 | | (9) "Central Management Services security police |
17 | | officer" means any
person employed by the Department of |
18 | | Central Management Services who is
vested with such law |
19 | | enforcement duties as render him ineligible for
coverage |
20 | | under the Social Security Act by reason of Sections |
21 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
|
22 | | (10) For a member who first became an employee under |
23 | | this Article before July 1, 2005, the term "security |
24 | | employee of the Department of Corrections or the Department |
25 | | of Juvenile Justice"
means any employee of the Department |
26 | | of Corrections or the Department of Juvenile Justice or the |
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1 | | former
Department of Personnel, and any member or employee |
2 | | of the Prisoner
Review Board, who has daily contact with |
3 | | inmates or youth by working within a
correctional facility |
4 | | or Juvenile facility operated by the Department of Juvenile |
5 | | Justice or who is a parole officer or an employee who has
|
6 | | direct contact with committed persons in the performance of |
7 | | his or her
job duties. For a member who first becomes an |
8 | | employee under this Article on or after July 1, 2005, the |
9 | | term means an employee of the Department of Corrections or |
10 | | the Department of Juvenile Justice who is any of the |
11 | | following: (i) officially headquartered at a correctional |
12 | | facility or Juvenile facility operated by the Department of |
13 | | Juvenile Justice, (ii) a parole officer, (iii) a member of |
14 | | the apprehension unit, (iv) a member of the intelligence |
15 | | unit, (v) a member of the sort team, or (vi) an |
16 | | investigator.
|
17 | | (11) The term "dangerous drugs investigator" means any |
18 | | person who is
employed as such by the Department of Human |
19 | | Services.
|
20 | | (12) The term "investigator for the Department of State |
21 | | Police" means
a person employed by the Department of State |
22 | | Police who is vested under
Section 4 of the Narcotic |
23 | | Control Division Abolition Act with such
law enforcement |
24 | | powers as render him ineligible for coverage under the
|
25 | | Social Security Act by reason of Sections 218(d)(5)(A), |
26 | | 218(d)(8)(D) and
218(l)(1) of that Act.
|
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1 | | (13) "Investigator for the Office of the Attorney |
2 | | General" means any
person who is employed as such by the |
3 | | Office of the Attorney General and
is vested with such |
4 | | investigative duties as render him ineligible for
coverage |
5 | | under the Social Security Act by reason of Sections |
6 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For |
7 | | the period before January 1,
1989, the term includes all |
8 | | persons who were employed as investigators by the
Office of |
9 | | the Attorney General, without regard to social security |
10 | | status.
|
11 | | (14) "Controlled substance inspector" means any person |
12 | | who is employed
as such by the Department of Professional |
13 | | Regulation and is vested with such
law enforcement duties |
14 | | as render him ineligible for coverage under the Social
|
15 | | Security Act by reason of Sections 218(d)(5)(A), |
16 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term |
17 | | "controlled substance inspector" includes the Program
|
18 | | Executive of Enforcement and the Assistant Program |
19 | | Executive of Enforcement.
|
20 | | (15) The term "investigator for the Office of the |
21 | | State's Attorneys
Appellate Prosecutor" means a person |
22 | | employed in that capacity on a full
time basis under the |
23 | | authority of Section 7.06 of the State's Attorneys
|
24 | | Appellate Prosecutor's Act.
|
25 | | (16) "Commerce Commission police officer" means any |
26 | | person employed
by the Illinois Commerce Commission who is |
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1 | | vested with such law
enforcement duties as render him |
2 | | ineligible for coverage under the Social
Security Act by |
3 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
|
4 | | 218(l)(1) of that Act.
|
5 | | (17) "Arson investigator" means any person who is |
6 | | employed as such by
the Office of the State Fire Marshal |
7 | | and is vested with such law enforcement
duties as render |
8 | | the person ineligible for coverage under the Social |
9 | | Security
Act by reason of Sections 218(d)(5)(A), |
10 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was |
11 | | employed as an arson
investigator on January 1, 1995 and is |
12 | | no longer in service but not yet
receiving a retirement |
13 | | annuity may convert his or her creditable service for
|
14 | | employment as an arson investigator into eligible |
15 | | creditable service by paying
to the System the difference |
16 | | between the employee contributions actually paid
for that |
17 | | service and the amounts that would have been contributed if |
18 | | the
applicant were contributing at the rate applicable to |
19 | | persons with the same
social security status earning |
20 | | eligible creditable service on the date of
application.
|
21 | | (18) The term "State highway maintenance worker" means |
22 | | a person who is
either of the following:
|
23 | | (i) A person employed on a full-time basis by the |
24 | | Illinois
Department of Transportation in the position |
25 | | of
highway maintainer,
highway maintenance lead |
26 | | worker,
highway maintenance lead/lead worker,
heavy |
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1 | | construction equipment operator,
power shovel |
2 | | operator, or
bridge mechanic; and
whose principal |
3 | | responsibility is to perform, on the roadway, the |
4 | | actual
maintenance necessary to keep the highways that |
5 | | form a part of the State
highway system in serviceable |
6 | | condition for vehicular traffic.
|
7 | | (ii) A person employed on a full-time basis by the |
8 | | Illinois
State Toll Highway Authority in the position |
9 | | of
equipment operator/laborer H-4,
equipment |
10 | | operator/laborer H-6,
welder H-4,
welder H-6,
|
11 | | mechanical/electrical H-4,
mechanical/electrical H-6,
|
12 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger |
13 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
|
14 | | roadway lighting H-6,
structural H-4,
structural H-6,
|
15 | | painter H-4, or
painter H-6; and
whose principal |
16 | | responsibility is to perform, on the roadway, the |
17 | | actual
maintenance necessary to keep the Authority's |
18 | | tollways in serviceable condition
for vehicular |
19 | | traffic.
|
20 | | (d) A security employee of the Department of Corrections or |
21 | | the Department of Juvenile Justice, and a security
employee of |
22 | | the Department of Human Services who is not a mental health |
23 | | police
officer, shall not be eligible for the alternative |
24 | | retirement annuity provided
by this Section unless he or she |
25 | | meets the following minimum age and service
requirements at the |
26 | | time of retirement:
|
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| | 09800SB0001ham001 | - 115 - | LRB098 05457 EFG 45203 a |
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1 | | (i) 25 years of eligible creditable service and age 55; |
2 | | or
|
3 | | (ii) beginning January 1, 1987, 25 years of eligible |
4 | | creditable service
and age 54, or 24 years of eligible |
5 | | creditable service and age 55; or
|
6 | | (iii) beginning January 1, 1988, 25 years of eligible |
7 | | creditable service
and age 53, or 23 years of eligible |
8 | | creditable service and age 55; or
|
9 | | (iv) beginning January 1, 1989, 25 years of eligible |
10 | | creditable service
and age 52, or 22 years of eligible |
11 | | creditable service and age 55; or
|
12 | | (v) beginning January 1, 1990, 25 years of eligible |
13 | | creditable service
and age 51, or 21 years of eligible |
14 | | creditable service and age 55; or
|
15 | | (vi) beginning January 1, 1991, 25 years of eligible |
16 | | creditable service
and age 50, or 20 years of eligible |
17 | | creditable service and age 55.
|
18 | | For members to whom subsection (a-5) of this Section |
19 | | applies, the references to age 50 and 55 in item (vi) of this |
20 | | subsection are increased as provided in subsection (a-5). |
21 | | Persons who have service credit under Article 16 of this |
22 | | Code for service
as a security employee of the Department of |
23 | | Corrections or the Department of Juvenile Justice, or the |
24 | | Department
of Human Services in a position requiring |
25 | | certification as a teacher may
count such service toward |
26 | | establishing their eligibility under the service
requirements |
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1 | | of this Section; but such service may be used only for
|
2 | | establishing such eligibility, and not for the purpose of |
3 | | increasing or
calculating any benefit.
|
4 | | (e) If a member enters military service while working in a |
5 | | position in
which eligible creditable service may be earned, |
6 | | and returns to State
service in the same or another such |
7 | | position, and fulfills in all other
respects the conditions |
8 | | prescribed in this Article for credit for military
service, |
9 | | such military service shall be credited as eligible creditable
|
10 | | service for the purposes of the retirement annuity prescribed |
11 | | in this Section.
|
12 | | (f) For purposes of calculating retirement annuities under |
13 | | this
Section, periods of service rendered after December 31, |
14 | | 1968 and before
October 1, 1975 as a covered employee in the |
15 | | position of special agent,
conservation police officer, mental |
16 | | health police officer, or investigator
for the Secretary of |
17 | | State, shall be deemed to have been service as a
noncovered |
18 | | employee, provided that the employee pays to the System prior |
19 | | to
retirement an amount equal to (1) the difference between the |
20 | | employee
contributions that would have been required for such |
21 | | service as a
noncovered employee, and the amount of employee |
22 | | contributions actually
paid, plus (2) if payment is made after |
23 | | July 31, 1987, regular interest
on the amount specified in item |
24 | | (1) from the date of service to the date
of payment.
|
25 | | For purposes of calculating retirement annuities under |
26 | | this Section,
periods of service rendered after December 31, |
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1 | | 1968 and before January 1,
1982 as a covered employee in the |
2 | | position of investigator for the
Department of Revenue shall be |
3 | | deemed to have been service as a noncovered
employee, provided |
4 | | that the employee pays to the System prior to retirement
an |
5 | | amount equal to (1) the difference between the employee |
6 | | contributions
that would have been required for such service as |
7 | | a noncovered employee,
and the amount of employee contributions |
8 | | actually paid, plus (2) if payment
is made after January 1, |
9 | | 1990, regular interest on the amount specified in
item (1) from |
10 | | the date of service to the date of payment.
|
11 | | (g) A State policeman may elect, not later than January 1, |
12 | | 1990, to
establish eligible creditable service for up to 10 |
13 | | years of his service as
a policeman under Article 3, by filing |
14 | | a written election with the Board,
accompanied by payment of an |
15 | | amount to be determined by the Board, equal to
(i) the |
16 | | difference between the amount of employee and employer
|
17 | | contributions transferred to the System under Section 3-110.5, |
18 | | and the
amounts that would have been contributed had such |
19 | | contributions been made
at the rates applicable to State |
20 | | policemen, plus (ii) interest thereon at
the effective rate for |
21 | | each year, compounded annually, from the date of
service to the |
22 | | date of payment.
|
23 | | Subject to the limitation in subsection (i), a State |
24 | | policeman may elect,
not later than July 1, 1993, to establish |
25 | | eligible creditable service for
up to 10 years of his service |
26 | | as a member of the County Police Department
under Article 9, by |
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1 | | filing a written election with the Board, accompanied
by |
2 | | payment of an amount to be determined by the Board, equal to |
3 | | (i) the
difference between the amount of employee and employer |
4 | | contributions
transferred to the System under Section 9-121.10 |
5 | | and the amounts that would
have been contributed had those |
6 | | contributions been made at the rates
applicable to State |
7 | | policemen, plus (ii) interest thereon at the effective
rate for |
8 | | each year, compounded annually, from the date of service to the
|
9 | | date of payment.
|
10 | | (h) Subject to the limitation in subsection (i), a State |
11 | | policeman or
investigator for the Secretary of State may elect |
12 | | to establish eligible
creditable service for up to 12 years of |
13 | | his service as a policeman under
Article 5, by filing a written |
14 | | election with the Board on or before January
31, 1992, and |
15 | | paying to the System by January 31, 1994 an amount to be
|
16 | | determined by the Board, equal to (i) the difference between |
17 | | the amount of
employee and employer contributions transferred |
18 | | to the System under Section
5-236, and the amounts that would |
19 | | have been contributed had such
contributions been made at the |
20 | | rates applicable to State policemen, plus
(ii) interest thereon |
21 | | at the effective rate for each year, compounded
annually, from |
22 | | the date of service to the date of payment.
|
23 | | Subject to the limitation in subsection (i), a State |
24 | | policeman,
conservation police officer, or investigator for |
25 | | the Secretary of State may
elect to establish eligible |
26 | | creditable service for up to 10 years of
service as a sheriff's |
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1 | | law enforcement employee under Article 7, by filing
a written |
2 | | election with the Board on or before January 31, 1993, and |
3 | | paying
to the System by January 31, 1994 an amount to be |
4 | | determined by the Board,
equal to (i) the difference between |
5 | | the amount of employee and
employer contributions transferred |
6 | | to the System under Section
7-139.7, and the amounts that would |
7 | | have been contributed had such
contributions been made at the |
8 | | rates applicable to State policemen, plus
(ii) interest thereon |
9 | | at the effective rate for each year, compounded
annually, from |
10 | | the date of service to the date of payment.
|
11 | | Subject to the limitation in subsection (i), a State |
12 | | policeman,
conservation police officer, or investigator for |
13 | | the Secretary of State may
elect to establish eligible |
14 | | creditable service for up to 5 years of
service as a police |
15 | | officer under Article 3, a policeman under Article 5, a |
16 | | sheriff's law enforcement employee under Article 7, a member of |
17 | | the county police department under Article 9, or a police |
18 | | officer under Article 15 by filing
a written election with the |
19 | | Board and paying
to the System an amount to be determined by |
20 | | the Board,
equal to (i) the difference between the amount of |
21 | | employee and
employer contributions transferred to the System |
22 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
23 | | and the amounts that would have been contributed had such
|
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 |
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1 | | date of payment. |
2 | | Subject to the limitation in subsection (i), an |
3 | | investigator for the Office of the Attorney General, or an |
4 | | investigator for the Department of Revenue, may elect to |
5 | | establish eligible creditable service for up to 5 years of |
6 | | service as a police officer under Article 3, a policeman under |
7 | | Article 5, a sheriff's law enforcement employee under Article |
8 | | 7, or a member of the county police department under Article 9 |
9 | | by filing a written election with the Board within 6 months |
10 | | after August 25, 2009 (the effective date of Public Act 96-745) |
11 | | and paying to the System an amount to be determined by the |
12 | | 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, or 9-121.10 and the |
15 | | amounts that would have been contributed had such contributions |
16 | | been made at the rates applicable to State policemen, plus (ii) |
17 | | interest thereon at the actuarially assumed rate for each year, |
18 | | compounded annually, from the date of service to the date of |
19 | | payment. |
20 | | Subject to the limitation in subsection (i), a State |
21 | | policeman, conservation police officer, investigator for the |
22 | | Office of the Attorney General, an investigator for the |
23 | | Department of Revenue, or investigator for the Secretary of |
24 | | State may elect to establish eligible creditable service for up |
25 | | to 5 years of service as a person employed by a participating |
26 | | municipality to perform police duties, or law enforcement |
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1 | | officer employed on a full-time basis by a forest preserve |
2 | | district under Article 7, a county corrections officer, or a |
3 | | court services officer under Article 9, by filing a written |
4 | | election with the Board within 6 months after August 25, 2009 |
5 | | (the effective date of Public Act 96-745) and paying to the |
6 | | System an amount to be determined by the Board, equal to (i) |
7 | | the difference between the amount of employee and employer |
8 | | contributions transferred to the System under Sections 7-139.8 |
9 | | and 9-121.10 and the amounts that would have been contributed |
10 | | had such contributions been made at the rates applicable to |
11 | | State policemen, plus (ii) interest thereon at the actuarially |
12 | | assumed rate for each year, compounded annually, from the date |
13 | | of service to the date of payment. |
14 | | (i) The total amount of eligible creditable service |
15 | | established by any
person under subsections (g), (h), (j), (k), |
16 | | and (l) of this
Section shall not exceed 12 years.
|
17 | | (j) Subject to the limitation in subsection (i), an |
18 | | investigator for
the Office of the State's Attorneys Appellate |
19 | | Prosecutor or a controlled
substance inspector may elect to
|
20 | | establish eligible creditable service for up to 10 years of his |
21 | | service as
a policeman under Article 3 or a sheriff's law |
22 | | enforcement employee under
Article 7, by filing a written |
23 | | election with the Board, accompanied by
payment of an amount to |
24 | | be determined by the Board, equal to (1) the
difference between |
25 | | the amount of employee and employer contributions
transferred |
26 | | to the System under Section 3-110.6 or 7-139.8, and the amounts
|
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1 | | that would have been contributed had such contributions been |
2 | | made at the
rates applicable to State policemen, plus (2) |
3 | | interest thereon at the
effective rate for each year, |
4 | | compounded annually, from the date of service
to the date of |
5 | | payment.
|
6 | | (k) Subject to the limitation in subsection (i) of this |
7 | | Section, an
alternative formula employee may elect to establish |
8 | | eligible creditable
service for periods spent as a full-time |
9 | | law enforcement officer or full-time
corrections officer |
10 | | employed by the federal government or by a state or local
|
11 | | government located outside of Illinois, for which credit is not |
12 | | held in any
other public employee pension fund or retirement |
13 | | system. To obtain this
credit, the applicant must file a |
14 | | written application with the Board by March
31, 1998, |
15 | | accompanied by evidence of eligibility acceptable to the Board |
16 | | and
payment of an amount to be determined by the Board, equal |
17 | | to (1) employee
contributions for the credit being established, |
18 | | based upon the applicant's
salary on the first day as an |
19 | | alternative formula employee after the employment
for which |
20 | | credit is being established and the rates then applicable to
|
21 | | alternative formula employees, plus (2) an amount determined by |
22 | | the Board
to be the employer's normal cost of the benefits |
23 | | accrued for the credit being
established, plus (3) regular |
24 | | interest on the amounts in items (1) and (2) from
the first day |
25 | | as an alternative formula employee after the employment for |
26 | | which
credit is being established to the date of payment.
|
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1 | | (l) Subject to the limitation in subsection (i), a security |
2 | | employee of
the Department of Corrections may elect, not later |
3 | | than July 1, 1998, to
establish eligible creditable service for |
4 | | up to 10 years of his or her service
as a policeman under |
5 | | Article 3, by filing a written election with the Board,
|
6 | | accompanied by payment of an amount to be determined by the |
7 | | Board, equal to
(i) the difference between the amount of |
8 | | employee and employer contributions
transferred to the System |
9 | | under Section 3-110.5, and the amounts that would
have been |
10 | | contributed had such contributions been made at the rates |
11 | | applicable
to security employees of the Department of |
12 | | Corrections, plus (ii) interest
thereon at the effective rate |
13 | | for each year, compounded annually, from the date
of service to |
14 | | the date of payment.
|
15 | | (m) The amendatory changes to this Section made by this |
16 | | amendatory Act of the 94th General Assembly apply only to: (1) |
17 | | security employees of the Department of Juvenile Justice |
18 | | employed by the Department of Corrections before the effective |
19 | | date of this amendatory Act of the 94th General Assembly and |
20 | | transferred to the Department of Juvenile Justice by this |
21 | | amendatory Act of the 94th General Assembly; and (2) persons |
22 | | employed by the Department of Juvenile Justice on or after the |
23 | | effective date of this amendatory Act of the 94th General |
24 | | Assembly who are required by subsection (b) of Section 3-2.5-15 |
25 | | of the Unified Code of Corrections to have a bachelor's or |
26 | | advanced degree from an accredited college or university with a |
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1 | | specialization in criminal justice, education, psychology, |
2 | | social work, or a closely related social science or, in the |
3 | | case of persons who provide vocational training, who are |
4 | | required to have adequate knowledge in the skill for which they |
5 | | are providing the vocational training.
|
6 | | (n) A person employed in a position under subsection (b) of |
7 | | this Section who has purchased service credit under subsection |
8 | | (j) of Section 14-104 or subsection (b) of Section 14-105 in |
9 | | any other capacity under this Article may convert up to 5 years |
10 | | of that service credit into service credit covered under this |
11 | | Section by paying to the Fund an amount equal to (1) the |
12 | | additional employee contribution required under Section |
13 | | 14-133, plus (2) the additional employer contribution required |
14 | | under Section 14-131, plus (3) interest on items (1) and (2) at |
15 | | the actuarially assumed rate from the date of the service to |
16 | | the date of payment. |
17 | | (Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09; |
18 | | 96-37, eff. 7-13-09; 96-745, eff. 8-25-09; 96-1000, eff. |
19 | | 7-2-10.)
|
20 | | (40 ILCS 5/14-114) (from Ch. 108 1/2, par. 14-114)
|
21 | | Sec. 14-114. Automatic increase in retirement annuity.
|
22 | | (a) Except as provided in subsections (a-1) and (a-2), any |
23 | | Any person receiving a retirement annuity under this Article |
24 | | who
retires having attained age 60, or who retires before age |
25 | | 60 having at
least 35 years of creditable service, or who |
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1 | | retires on or after January
1, 2001 at an age which, when added |
2 | | to the number of years of his or her
creditable service, equals |
3 | | at least 85, shall, on January 1 next
following the first full |
4 | | year of retirement, have the amount of the then fixed
and |
5 | | payable monthly retirement annuity increased 3%. Any person |
6 | | receiving a
retirement annuity under this Article who retires |
7 | | before attainment of age 60
and with less than (i) 35 years of |
8 | | creditable service if retirement
is before January 1, 2001, or |
9 | | (ii) the number of years of creditable service
which, when |
10 | | added to the member's age, would equal 85, if retirement is on
|
11 | | or after January 1, 2001, shall have the amount of the fixed |
12 | | and payable
retirement annuity increased by 3% on the January 1 |
13 | | occurring on or next
following (1) attainment of age 60, or (2) |
14 | | the first anniversary of retirement,
whichever occurs later. |
15 | | However, for persons who receive the alternative
retirement |
16 | | annuity under Section 14-110, references in this subsection (a) |
17 | | to
attainment of age 60 shall be deemed to refer to attainment |
18 | | of age 55. For a
person receiving early retirement incentives |
19 | | under Section 14-108.3 whose
retirement annuity began after |
20 | | January 1, 1992 pursuant to an extension granted
under |
21 | | subsection (e) of that Section, the first anniversary of |
22 | | retirement shall
be deemed to be January 1, 1993.
For a person |
23 | | who retires on or after June 28, 2001 and on or before October |
24 | | 1, 2001,
and whose retirement annuity is calculated, in whole |
25 | | or in part, under Section
14-110 or subsection (g) or (h) of |
26 | | Section 14-108, the first anniversary of
retirement shall be |
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1 | | deemed to be January 1, 2002.
|
2 | | On each January 1 following the date of the initial |
3 | | increase under this
subsection, the employee's monthly |
4 | | retirement annuity shall be increased
by an additional 3%.
|
5 | | Beginning January 1, 1990 and except as provided in |
6 | | subsections (a-1) and (a-2) , all automatic annual increases |
7 | | payable under
this Section shall be calculated as a percentage |
8 | | of the total annuity
payable at the time of the increase, |
9 | | including previous increases granted
under this Article.
|
10 | | (a-1) Notwithstanding any other provision of this Article, |
11 | | for a Tier I retiree, the amount of each automatic annual |
12 | | increase in retirement annuity occurring on or after the |
13 | | effective date of this amendatory Act of the 98th General |
14 | | Assembly shall be 3% of the lesser of (1) the total annuity
|
15 | | payable at the time of the increase, including previous
|
16 | | increases granted or (2) $800 ($1,000 if the annuity is
based |
17 | | primarily upon service as a noncovered employee) multiplied by |
18 | | the number of years of creditable service upon which the |
19 | | annuity is based. |
20 | | (a-2) Notwithstanding any other provision of this Article, |
21 | | for a Tier I retiree, the monthly retirement annuity shall |
22 | | first be subject to annual increases on the January 1 occurring |
23 | | on or next after the attainment of age 67 or the January 1 |
24 | | occurring on or next after the fifth anniversary of the annuity |
25 | | start date, whichever occurs earlier. If on the effective date |
26 | | of this amendatory Act of the 98th General Assembly a Tier I |
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1 | | retiree has already received an annual increase under this |
2 | | Section but does not yet meet the new eligibility requirements |
3 | | of this subsection, the annual increases already received shall |
4 | | continue in force, but no additional annual increase shall be |
5 | | granted until the Tier I retiree meets the new eligibility |
6 | | requirements. |
7 | | (a-3) Notwithstanding Section 1-103.1, subsections (a-1) |
8 | | and (a-2) apply without regard to whether or not the Tier I |
9 | | retiree is in active service under this Article on or after the |
10 | | effective date of this amendatory Act of the 98th General |
11 | | Assembly. |
12 | | (b) The provisions of subsection (a) of this Section shall |
13 | | be
applicable to an employee only if the employee makes the |
14 | | additional
contributions required after December 31, 1969 for |
15 | | the purpose of the
automatic increases for not less than the |
16 | | equivalent of one full year.
If an employee becomes an |
17 | | annuitant before his additional contributions
equal one full |
18 | | year's contributions based on his salary at the date of
|
19 | | retirement, the employee may pay the necessary balance of the
|
20 | | contributions to the system, without interest, and be eligible |
21 | | for the
increasing annuity authorized by this Section.
|
22 | | (c) The provisions of subsection (a) of this Section shall |
23 | | not be
applicable to any annuitant who is on retirement on |
24 | | December 31, 1969, and
thereafter returns to State service, |
25 | | unless the member has established at
least one year of |
26 | | additional creditable service following reentry into service.
|
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1 | | (d) In addition to other increases which may be provided by |
2 | | this Section,
on January 1, 1981 any annuitant who was |
3 | | receiving a retirement annuity
on or before January 1, 1971 |
4 | | shall have his retirement annuity then being
paid increased $1 |
5 | | per month for each year of creditable service. On January
1, |
6 | | 1982, any annuitant who began receiving a retirement annuity on |
7 | | or
before January 1, 1977, shall have his retirement annuity |
8 | | then being paid
increased $1 per month for each year of |
9 | | creditable service.
|
10 | | On January 1, 1987, any annuitant who began receiving a |
11 | | retirement
annuity on or before January 1, 1977, shall have the |
12 | | monthly retirement annuity
increased by an amount equal to 8¢ |
13 | | per year of creditable service times the
number of years that |
14 | | have elapsed since the annuity began.
|
15 | | (e) Every person who receives the alternative retirement |
16 | | annuity under
Section 14-110 and who is eligible to receive the |
17 | | 3% increase under subsection
(a) on January 1, 1986, shall also |
18 | | receive on that date a one-time increase
in retirement annuity |
19 | | equal to the difference between (1) his actual
retirement |
20 | | annuity on that date, including any increases received under
|
21 | | subsection (a), and (2) the amount of retirement annuity he |
22 | | would have
received on that date if the amendments to |
23 | | subsection (a) made by Public
Act 84-162 had been in effect |
24 | | since the date of his retirement.
|
25 | | (Source: P.A. 91-927, eff. 12-14-00; 92-14, eff. 6-28-01;
|
26 | | 92-651, eff. 7-11-02.)
|
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1 | | (40 ILCS 5/14-131)
|
2 | | Sec. 14-131. Contributions by State.
|
3 | | (a) The State shall make contributions to the System by |
4 | | appropriations of
amounts which, together with other employer |
5 | | contributions from trust, federal,
and other funds, employee |
6 | | contributions, investment income, and other income,
will be |
7 | | sufficient to meet the cost of maintaining and administering |
8 | | the System
on a 100% 90% funded basis in accordance with |
9 | | actuarial recommendations by the end of State fiscal year 2044 .
|
10 | | For the purposes of this Section and Section 14-135.08, |
11 | | references to State
contributions refer only to employer |
12 | | contributions and do not include employee
contributions that |
13 | | are picked up or otherwise paid by the State or a
department on |
14 | | behalf of the employee.
|
15 | | (b) The Board shall determine the total amount of State |
16 | | contributions
required for each fiscal year on the basis of the |
17 | | actuarial tables and other
assumptions adopted by the Board, |
18 | | using the formula in subsection (e).
|
19 | | The Board shall also determine a State contribution rate |
20 | | for each fiscal
year, expressed as a percentage of payroll, |
21 | | based on the total required State
contribution for that fiscal |
22 | | year (less the amount received by the System from
|
23 | | appropriations under Section 8.12 of the State Finance Act and |
24 | | Section 1 of the
State Pension Funds Continuing Appropriation |
25 | | Act, if any, for the fiscal year
ending on the June 30 |
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1 | | immediately preceding the applicable November 15
certification |
2 | | deadline), the estimated payroll (including all forms of
|
3 | | compensation) for personal services rendered by eligible |
4 | | employees, and the
recommendations of the actuary.
|
5 | | For the purposes of this Section and Section 14.1 of the |
6 | | State Finance Act,
the term "eligible employees" includes |
7 | | employees who participate in the System,
persons who may elect |
8 | | to participate in the System but have not so elected,
persons |
9 | | who are serving a qualifying period that is required for |
10 | | participation,
and annuitants employed by a department as |
11 | | described in subdivision (a)(1) or
(a)(2) of Section 14-111.
|
12 | | (c) Contributions shall be made by the several departments |
13 | | for each pay
period by warrants drawn by the State Comptroller |
14 | | against their respective
funds or appropriations based upon |
15 | | vouchers stating the amount to be so
contributed. These amounts |
16 | | shall be based on the full rate certified by the
Board under |
17 | | Section 14-135.08 for that fiscal year.
From the effective date |
18 | | of this amendatory Act of the 93rd General
Assembly through the |
19 | | payment of the final payroll from fiscal year 2004
|
20 | | appropriations, the several departments shall not make |
21 | | contributions
for the remainder of fiscal year 2004 but shall |
22 | | instead make payments
as required under subsection (a-1) of |
23 | | Section 14.1 of the State Finance Act.
The several departments |
24 | | shall resume those contributions at the commencement of
fiscal |
25 | | year 2005.
|
26 | | (c-1) Notwithstanding subsection (c) of this Section, for |
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1 | | fiscal years 2010, 2012, and 2013 only, contributions by the |
2 | | several departments are not required to be made for General |
3 | | Revenue Funds payrolls processed by the Comptroller. Payrolls |
4 | | paid by the several departments from all other State funds must |
5 | | continue to be processed pursuant to subsection (c) of this |
6 | | Section. |
7 | | (c-2) For State fiscal years 2010, 2012, and 2013 only, on |
8 | | or as soon as possible after the 15th day of each month, the |
9 | | Board shall submit vouchers for payment of State contributions |
10 | | to the System, in a total monthly amount of one-twelfth of the |
11 | | fiscal year General Revenue Fund contribution as certified by |
12 | | the System pursuant to Section 14-135.08 of the Illinois |
13 | | Pension Code. |
14 | | (d) If an employee is paid from trust funds or federal |
15 | | funds, the
department or other employer shall pay employer |
16 | | contributions from those funds
to the System at the certified |
17 | | rate, unless the terms of the trust or the
federal-State |
18 | | agreement preclude the use of the funds for that purpose, in
|
19 | | which case the required employer contributions shall be paid by |
20 | | the State.
From the effective date of this amendatory
Act of |
21 | | the 93rd General Assembly through the payment of the final
|
22 | | payroll from fiscal year 2004 appropriations, the department or |
23 | | other
employer shall not pay contributions for the remainder of |
24 | | fiscal year
2004 but shall instead make payments as required |
25 | | under subsection (a-1) of
Section 14.1 of the State Finance |
26 | | Act. The department or other employer shall
resume payment of
|
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1 | | contributions at the commencement of fiscal year 2005.
|
2 | | (e) For State fiscal years 2015 through 2044, the minimum |
3 | | contribution
to the System to be made by the State for each |
4 | | fiscal year shall be an amount
determined by the System to be |
5 | | equal to the sum of (1) the State's portion of the projected |
6 | | normal cost for that fiscal year, plus (2) an amount sufficient |
7 | | to bring the total assets of the
System up to 100% of the total |
8 | | actuarial liabilities of the System by the end of
State fiscal |
9 | | year 2044. In making these determinations, the required State
|
10 | | contribution shall be calculated each year as a level |
11 | | percentage of payroll
over the years remaining to and including |
12 | | fiscal year 2044 and shall be
determined under the entry age |
13 | | normal actuarial cost method. |
14 | | For State fiscal years 2012 through 2014 2045 , the minimum |
15 | | contribution
to the System to be made by the State for each |
16 | | fiscal year shall be an amount
determined by the System to be |
17 | | sufficient to bring the total assets of the
System up to 90% of |
18 | | the total actuarial liabilities of the System by the end
of |
19 | | State fiscal year 2045. In making these determinations, the |
20 | | required State
contribution shall be calculated each year as a |
21 | | level percentage of payroll
over the years remaining to and |
22 | | including fiscal year 2045 and shall be
determined under the |
23 | | projected unit credit actuarial cost method.
|
24 | | For State fiscal years 1996 through 2005, the State |
25 | | contribution to
the System, as a percentage of the applicable |
26 | | employee payroll, shall be
increased in equal annual increments |
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1 | | so that by State fiscal year 2011, the
State is contributing at |
2 | | the rate required under this Section; except that
(i) for State |
3 | | fiscal year 1998, for all purposes of this Code and any other
|
4 | | law of this State, the certified percentage of the applicable |
5 | | employee payroll
shall be 5.052% for employees earning eligible |
6 | | creditable service under Section
14-110 and 6.500% for all |
7 | | other employees, notwithstanding any contrary
certification |
8 | | made under Section 14-135.08 before the effective date of this
|
9 | | amendatory Act of 1997, and (ii)
in the following specified |
10 | | State fiscal years, the State contribution to
the System shall |
11 | | not be less than the following indicated percentages of the
|
12 | | applicable employee payroll, even if the indicated percentage |
13 | | will produce a
State contribution in excess of the amount |
14 | | otherwise required under this
subsection and subsection (a):
|
15 | | 9.8% in FY 1999;
10.0% in FY 2000;
10.2% in FY 2001;
10.4% in FY |
16 | | 2002;
10.6% in FY 2003; and
10.8% in FY 2004.
|
17 | | Notwithstanding any other provision of this Article, the |
18 | | total required State
contribution to the System for State |
19 | | fiscal year 2006 is $203,783,900.
|
20 | | Notwithstanding any other provision of this Article, the |
21 | | total required State
contribution to the System for State |
22 | | fiscal year 2007 is $344,164,400.
|
23 | | For each of State fiscal years 2008 through 2009, the State |
24 | | contribution to
the System, as a percentage of the applicable |
25 | | employee payroll, shall be
increased in equal annual increments |
26 | | from the required State contribution for State fiscal year |
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1 | | 2007, so that by State fiscal year 2011, the
State is |
2 | | contributing at the rate otherwise required under this Section.
|
3 | | Notwithstanding any other provision of this Article, the |
4 | | total required State General Revenue Fund contribution for |
5 | | State fiscal year 2010 is $723,703,100 and shall be made from |
6 | | the proceeds of bonds sold in fiscal year 2010 pursuant to |
7 | | Section 7.2 of the General Obligation Bond Act, less (i) the |
8 | | pro rata share of bond sale expenses determined by the System's |
9 | | share of total bond proceeds, (ii) any amounts received from |
10 | | the General Revenue Fund in fiscal year 2010, and (iii) any |
11 | | reduction in bond proceeds due to the issuance of discounted |
12 | | bonds, if applicable. |
13 | | Notwithstanding any other provision of this Article, the
|
14 | | total required State General Revenue Fund contribution for
|
15 | | State fiscal year 2011 is the amount recertified by the System |
16 | | on or before April 1, 2011 pursuant to Section 14-135.08 and |
17 | | shall be made from
the proceeds of bonds sold in fiscal year |
18 | | 2011 pursuant to
Section 7.2 of the General Obligation Bond |
19 | | Act, less (i) the
pro rata share of bond sale expenses |
20 | | determined by the System's
share of total bond proceeds, (ii) |
21 | | any amounts received from
the General Revenue Fund in fiscal |
22 | | year 2011, and (iii) any
reduction in bond proceeds due to the |
23 | | issuance of discounted
bonds, if applicable. |
24 | | Beginning in State fiscal year 2045, the minimum State |
25 | | contribution for each fiscal year shall be the amount needed to |
26 | | maintain the total assets of the System at 100% of the total |
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1 | | actuarial liabilities of the System. |
2 | | Beginning in State fiscal year 2046, the minimum State |
3 | | contribution for
each fiscal year shall be the amount needed to |
4 | | maintain the total assets of
the System at 90% of the total |
5 | | actuarial liabilities of the System.
|
6 | | Amounts received by the System pursuant to Section 25 of |
7 | | the Budget Stabilization Act or Section 8.12 of the State |
8 | | Finance Act in any fiscal year do not reduce and do not |
9 | | constitute payment of any portion of the minimum State |
10 | | contribution required under this Article in that fiscal year. |
11 | | Such amounts shall not reduce, and shall not be included in the |
12 | | calculation of, the required State contributions under this |
13 | | Article in any future year until the System has reached a |
14 | | funding ratio of at least 100% 90% . A reference in this Article |
15 | | to the "required State contribution" or any substantially |
16 | | similar term does not include or apply to any amounts payable |
17 | | to the System under Section 25 of the Budget Stabilization Act.
|
18 | | Notwithstanding any other provision of this Section, the |
19 | | required State
contribution for State fiscal year 2005 and for |
20 | | fiscal year 2008 and each fiscal year thereafter through State |
21 | | fiscal year 2014 , as
calculated under this Section and
|
22 | | certified under Section 14-135.08, shall not exceed an amount |
23 | | equal to (i) the
amount of the required State contribution that |
24 | | would have been calculated under
this Section for that fiscal |
25 | | year if the System had not received any payments
under |
26 | | subsection (d) of Section 7.2 of the General Obligation Bond |
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1 | | Act, minus
(ii) the portion of the State's total debt service |
2 | | payments for that fiscal
year on the bonds issued in fiscal |
3 | | year 2003 for the purposes of that Section 7.2, as determined
|
4 | | and certified by the Comptroller, that is the same as the |
5 | | System's portion of
the total moneys distributed under |
6 | | subsection (d) of Section 7.2 of the General
Obligation Bond |
7 | | Act. In determining this maximum for State fiscal years 2008 |
8 | | through 2010, however, the amount referred to in item (i) shall |
9 | | be increased, as a percentage of the applicable employee |
10 | | payroll, in equal increments calculated from the sum of the |
11 | | required State contribution for State fiscal year 2007 plus the |
12 | | applicable portion of the State's total debt service payments |
13 | | for fiscal year 2007 on the bonds issued in fiscal year 2003 |
14 | | for the purposes of Section 7.2 of the General
Obligation Bond |
15 | | Act, so that, by State fiscal year 2011, the
State is |
16 | | contributing at the rate otherwise required under this Section.
|
17 | | (f) After the submission of all payments for eligible |
18 | | employees
from personal services line items in fiscal year 2004 |
19 | | have been made,
the Comptroller shall provide to the System a |
20 | | certification of the sum
of all fiscal year 2004 expenditures |
21 | | for personal services that would
have been covered by payments |
22 | | to the System under this Section if the
provisions of this |
23 | | amendatory Act of the 93rd General Assembly had not been
|
24 | | enacted. Upon
receipt of the certification, the System shall |
25 | | determine the amount
due to the System based on the full rate |
26 | | certified by the Board under
Section 14-135.08 for fiscal year |
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1 | | 2004 in order to meet the State's
obligation under this |
2 | | Section. The System shall compare this amount
due to the amount |
3 | | received by the System in fiscal year 2004 through
payments |
4 | | under this Section and under Section 6z-61 of the State Finance |
5 | | Act.
If the amount
due is more than the amount received, the |
6 | | difference shall be termed the
"Fiscal Year 2004 Shortfall" for |
7 | | purposes of this Section, and the
Fiscal Year 2004 Shortfall |
8 | | shall be satisfied under Section 1.2 of the State
Pension Funds |
9 | | Continuing Appropriation Act. If the amount due is less than |
10 | | the
amount received, the
difference shall be termed the "Fiscal |
11 | | Year 2004 Overpayment" for purposes of
this Section, and the |
12 | | Fiscal Year 2004 Overpayment shall be repaid by
the System to |
13 | | the Pension Contribution Fund as soon as practicable
after the |
14 | | certification.
|
15 | | (g) For purposes of determining the required State |
16 | | contribution to the System, the value of the System's assets |
17 | | shall be equal to the actuarial value of the System's assets, |
18 | | which shall be calculated as follows: |
19 | | As of June 30, 2008, the actuarial value of the System's |
20 | | assets shall be equal to the market value of the assets as of |
21 | | that date. In determining the actuarial value of the System's |
22 | | assets for fiscal years after June 30, 2008, any actuarial |
23 | | gains or losses from investment return incurred in a fiscal |
24 | | year shall be recognized in equal annual amounts over the |
25 | | 5-year period following that fiscal year. |
26 | | (h) For purposes of determining the required State |
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1 | | contribution to the System for a particular year, the actuarial |
2 | | value of assets shall be assumed to earn a rate of return equal |
3 | | to the System's actuarially assumed rate of return. |
4 | | (i) After the submission of all payments for eligible |
5 | | employees from personal services line items paid from the |
6 | | General Revenue Fund in fiscal year 2010 have been made, the |
7 | | Comptroller shall provide to the System a certification of the |
8 | | sum of all fiscal year 2010 expenditures for personal services |
9 | | that would have been covered by payments to the System under |
10 | | this Section if the provisions of this amendatory Act of the |
11 | | 96th General Assembly had not been enacted. Upon receipt of the |
12 | | certification, the System shall determine the amount due to the |
13 | | System based on the full rate certified by the Board under |
14 | | Section 14-135.08 for fiscal year 2010 in order to meet the |
15 | | State's obligation under this Section. The System shall compare |
16 | | this amount due to the amount received by the System in fiscal |
17 | | year 2010 through payments under this Section. If the amount |
18 | | due is more than the amount received, the difference shall be |
19 | | termed the "Fiscal Year 2010 Shortfall" for purposes of this |
20 | | Section, and the Fiscal Year 2010 Shortfall shall be satisfied |
21 | | under Section 1.2 of the State Pension Funds Continuing |
22 | | Appropriation Act. If the amount due is less than the amount |
23 | | received, the difference shall be termed the "Fiscal Year 2010 |
24 | | Overpayment" for purposes of this Section, and the Fiscal Year |
25 | | 2010 Overpayment shall be repaid by the System to the General |
26 | | Revenue Fund as soon as practicable after the certification. |
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1 | | (j) After the submission of all payments for eligible |
2 | | employees from personal services line items paid from the |
3 | | General Revenue Fund in fiscal year 2011 have been made, the |
4 | | Comptroller shall provide to the System a certification of the |
5 | | sum of all fiscal year 2011 expenditures for personal services |
6 | | that would have been covered by payments to the System under |
7 | | this Section if the provisions of this amendatory Act of the |
8 | | 96th General Assembly had not been enacted. Upon receipt of the |
9 | | certification, the System shall determine the amount due to the |
10 | | System based on the full rate certified by the Board under |
11 | | Section 14-135.08 for fiscal year 2011 in order to meet the |
12 | | State's obligation under this Section. The System shall compare |
13 | | this amount due to the amount received by the System in fiscal |
14 | | year 2011 through payments under this Section. If the amount |
15 | | due is more than the amount received, the difference shall be |
16 | | termed the "Fiscal Year 2011 Shortfall" for purposes of this |
17 | | Section, and the Fiscal Year 2011 Shortfall shall be satisfied |
18 | | under Section 1.2 of the State Pension Funds Continuing |
19 | | Appropriation Act. If the amount due is less than the amount |
20 | | received, the difference shall be termed the "Fiscal Year 2011 |
21 | | Overpayment" for purposes of this Section, and the Fiscal Year |
22 | | 2011 Overpayment shall be repaid by the System to the General |
23 | | Revenue Fund as soon as practicable after the certification. |
24 | | (k) For fiscal years 2012 and 2013 only, after the |
25 | | submission of all payments for eligible employees from personal |
26 | | services line items paid from the General Revenue Fund in the |
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1 | | fiscal year have been made, the Comptroller shall provide to |
2 | | the System a certification of the sum of all expenditures in |
3 | | the fiscal year for personal services. Upon receipt of the |
4 | | certification, the System shall determine the amount due to the |
5 | | System based on the full rate certified by the Board under |
6 | | Section 14-135.08 for the fiscal year in order to meet the |
7 | | State's obligation under this Section. The System shall compare |
8 | | this amount due to the amount received by the System for the |
9 | | fiscal year. If the amount due is more than the amount |
10 | | received, the difference shall be termed the "Prior Fiscal Year |
11 | | Shortfall" for purposes of this Section, and the Prior Fiscal |
12 | | Year Shortfall shall be satisfied under Section 1.2 of the |
13 | | State Pension Funds Continuing Appropriation Act. If the amount |
14 | | due is less than the amount received, the difference shall be |
15 | | termed the "Prior Fiscal Year Overpayment" for purposes of this |
16 | | Section, and the Prior Fiscal Year Overpayment shall be repaid |
17 | | by the System to the General Revenue Fund as soon as |
18 | | practicable after the certification. |
19 | | (Source: P.A. 96-43, eff. 7-15-09; 96-45, eff. 7-15-09; |
20 | | 96-1000, eff. 7-2-10; 96-1497, eff. 1-14-11; 96-1511, eff. |
21 | | 1-27-11; 96-1554, eff. 3-18-11; 97-72, eff. 7-1-11; 97-732, |
22 | | eff. 6-30-12.)
|
23 | | (40 ILCS 5/14-132) (from Ch. 108 1/2, par. 14-132)
|
24 | | Sec. 14-132. Obligations of State ; funding guarantee . |
25 | | (a) The payment of the required department
contributions, |
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1 | | all allowances,
annuities, benefits granted under this |
2 | | Article, and all expenses of
administration of the system are |
3 | | obligations of the State of Illinois to
the extent specified in |
4 | | this Article.
|
5 | | (b) All income of the system
shall be credited to a |
6 | | separate account for this system in the State
treasury and |
7 | | shall be used to pay allowances, annuities, benefits and
|
8 | | administration expense.
|
9 | | (c) Beginning July 1, 2013, the State shall be |
10 | | contractually obligated to contribute to the System in each |
11 | | State fiscal year an amount not less than the sum of (i) the |
12 | | State's normal cost for the year and (ii) the portion of the |
13 | | unfunded accrued liability assigned to that year by law. |
14 | | Notwithstanding any other provision of law, if the State fails |
15 | | to pay an amount guaranteed under this subsection, it shall be |
16 | | the mandatory fiduciary obligation of the Board to seek payment |
17 | | of the guaranteed amount in compliance with the provisions of |
18 | | this Section and, if the amount remains unpaid, to bring a |
19 | | mandamus action in the Supreme Court of Illinois to compel the |
20 | | State to make the required payment. |
21 | | If the System or a department submits a voucher for |
22 | | contributions required under Section 14-131 and the State fails |
23 | | to pay that voucher within 90 days of its receipt, the Board |
24 | | shall submit a written request to the Comptroller seeking |
25 | | payment. A copy of the request shall be filed with the |
26 | | Secretary of State, and the Secretary of State shall provide a |
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1 | | copy to the Governor and General Assembly. No earlier than the |
2 | | 16th day after the System files the request with the |
3 | | Comptroller and Secretary of State, if the amount remains |
4 | | unpaid the Board shall commence a mandamus action in the |
5 | | Supreme Court of Illinois to compel the Comptroller to satisfy |
6 | | the voucher. |
7 | | This subsection (c) constitutes an express waiver of the |
8 | | State's sovereign immunity solely to the extent that it permits |
9 | | the Board to commence a mandamus action in the Supreme Court of |
10 | | Illinois to compel the Comptroller to pay a voucher for the |
11 | | contributions required under Section 14-131. |
12 | | (d) Beginning in State fiscal year 2020, the State shall be |
13 | | contractually obligated to make the transfers set forth in |
14 | | subsections (c-10) and (c-15) of Section 20 of the Budget |
15 | | Stabilization Act and to pay to the System its proportionate |
16 | | share of the transferred amounts in accordance with Section 25 |
17 | | of the Budget Stabilization Act. Notwithstanding any other |
18 | | provision of law, if the State fails to transfer an amount |
19 | | guaranteed under this subsection or to pay to the System its |
20 | | proportionate share of the transferred amount in accordance |
21 | | with Section 25 of the Budget Stabilization Act, it shall be |
22 | | the mandatory fiduciary obligation of the Board to seek |
23 | | transfer or payment of the guaranteed amount in compliance with |
24 | | the provisions of this Section and, if the required amount |
25 | | remains untransferred or the required payment remains unpaid, |
26 | | to bring a mandamus action in the Supreme Court of Illinois to |
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1 | | compel the State to make the required transfer or payment or |
2 | | both, as the case may be. |
3 | | If the State fails to make a transfer required under |
4 | | subsections (c-10) and (c-15) of Section 20 of the Budget |
5 | | Stabilization Act or a payment to the System required under |
6 | | Section 25 of that Act, the Board shall submit a written |
7 | | request to the Comptroller seeking payment. A copy of the |
8 | | request shall be filed with the Secretary of State, and the |
9 | | Secretary of State shall provide a copy to the Governor and |
10 | | General Assembly. No earlier than the 16th day after the System |
11 | | files the request with the Comptroller and Secretary of State, |
12 | | if the required amount remains untransferred or the required |
13 | | payment remains unpaid, the Board shall commence a mandamus |
14 | | action in the Supreme Court of Illinois to compel the |
15 | | Comptroller to make the required transfer or payment or both, |
16 | | as the case may be. |
17 | | This subsection (d) constitutes an express waiver of the |
18 | | State's sovereign immunity solely to the extent that it permits |
19 | | the Board to commence a mandamus action in the Supreme Court of |
20 | | Illinois to compel the Comptroller to make a transfer required |
21 | | under subsections (c-10) and (c-15) of Section 20 of the Budget |
22 | | Stabilization Act and to pay to the System its proportionate |
23 | | share of the transferred amount in accordance with Section 25 |
24 | | of the Budget Stabilization Act. |
25 | | The obligations created by this subsection (d) expire when |
26 | | all of the requirements of subsections (c-10) and (c-15) of |
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1 | | Section 20 of the Budget Stabilization Act and Section 25 of |
2 | | the Budget Stabilization Act have been met. |
3 | | (e) Any payments and transfers required to be made by the |
4 | | State pursuant to subsection (c) or (d) are expressly |
5 | | subordinate to the payment of the principal, interest, and |
6 | | premium, if any, on any bonded debt obligation of the State or |
7 | | any other State-created entity, either currently outstanding |
8 | | or to be issued, for which the source of repayment or security |
9 | | thereon is derived directly or indirectly from tax revenues |
10 | | collected by the State or any other State-created entity. |
11 | | Payments on such bonded obligations includes any statutory fund |
12 | | transfers or other prefunding mechanisms or formulas set forth, |
13 | | now or hereafter, in State law or bond indentures, into debt |
14 | | service funds or accounts of the State related to such bond |
15 | | obligations, consistent with the payment schedules associated |
16 | | with such obligations. |
17 | | (f) By the enactment of this amendatory Act of the 98th |
18 | | General Assembly, the State of Illinois pledges to and agrees |
19 | | with the Board and members of the System that the State will |
20 | | make the payments required under Section 14-131 of this Code, |
21 | | the transfers required under subsections (c-10) and (c-15) of |
22 | | Section 20 of the Budget Stabilization Act, and the payments to |
23 | | the System of its proportionate share of the transferred |
24 | | amounts in accordance with Section 25 of the Budget |
25 | | Stabilization Act. The State further pledges that the State |
26 | | will not limit or alter the rights and powers vested in the |
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1 | | Board so as to impair the terms of this Section or in any way |
2 | | impair the rights and remedies of the Board. |
3 | | (Source: P.A. 80-841.)
|
4 | | (40 ILCS 5/14-133) (from Ch. 108 1/2, par. 14-133)
|
5 | | Sec. 14-133. Contributions on behalf of members.
|
6 | | (a) Each participating employee shall make contributions |
7 | | to the System,
based on the employee's compensation, as |
8 | | follows:
|
9 | | (1) Covered employees, except as indicated below, 3.5% |
10 | | for
retirement annuity, and 0.5% for a widow or survivors
|
11 | | annuity;
|
12 | | (2) Noncovered employees, except as indicated below, |
13 | | 7% for retirement
annuity and 1% for a widow or survivors |
14 | | annuity;
|
15 | | (3) Noncovered employees serving in a position in which |
16 | | "eligible
creditable service" as defined in Section 14-110 |
17 | | may be earned, 1% for a widow
or survivors annuity
plus the |
18 | | following amount for retirement annuity: 8.5% through |
19 | | December 31,
2001; 9.5% in 2002; 10.5% in 2003; and 11.5% |
20 | | in 2004 and thereafter;
|
21 | | (4) Covered employees serving in a position in which |
22 | | "eligible creditable
service" as defined in Section 14-110 |
23 | | may be earned, 0.5% for a widow or survivors annuity
plus |
24 | | the following amount for retirement annuity: 5% through |
25 | | December 31,
2001; 6% in 2002; 7% in 2003; and 8% in 2004 |
|
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1 | | and thereafter;
|
2 | | (5) Each security employee of the Department of |
3 | | Corrections
or of the Department of Human Services who is a |
4 | | covered employee, 0.5% for a widow or survivors annuity
|
5 | | plus the following amount for retirement annuity: 5% |
6 | | through December 31,
2001; 6% in 2002; 7% in 2003; and 8% |
7 | | in 2004 and thereafter;
|
8 | | (6) Each security employee of the Department of |
9 | | Corrections
or of the Department of Human Services who is |
10 | | not a covered employee, 1% for a widow or survivors annuity
|
11 | | plus the following amount for retirement annuity: 8.5% |
12 | | through December 31,
2001; 9.5% in 2002; 10.5% in 2003; and |
13 | | 11.5% in 2004 and thereafter.
|
14 | | (a-5) In addition to the contributions otherwise required |
15 | | under this Article, each Tier I member shall also make the |
16 | | following contributions for retirement annuity from each |
17 | | payment
of compensation: |
18 | | (1) beginning July 1, 2013 and through June 30, 2014, |
19 | | 1% of compensation; and |
20 | | (2) beginning on July 1, 2014, 2% of compensation. |
21 | | (b) Contributions shall be in the form of a deduction from
|
22 | | compensation and shall be made notwithstanding that the |
23 | | compensation
paid in cash to the employee shall be reduced |
24 | | thereby below the minimum
prescribed by law or regulation. Each |
25 | | member is deemed to consent and
agree to the deductions from |
26 | | compensation provided for in this Article,
and shall receipt in |
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1 | | full for salary or compensation.
|
2 | | (Source: P.A. 92-14, eff. 6-28-01.)
|
3 | | (40 ILCS 5/14-133.5 new) |
4 | | Sec. 14-133.5. Use of contributions for health care |
5 | | subsidies. The System shall not use any contribution received |
6 | | by the System under this Article to provide a subsidy for the |
7 | | cost of participation in a retiree health care program.
|
8 | | (40 ILCS 5/14-135.08) (from Ch. 108 1/2, par. 14-135.08)
|
9 | | Sec. 14-135.08. To certify required State contributions. |
10 | | (a)
To certify to the Governor and to each department, on |
11 | | or before
November 15 of each year through until November 15, |
12 | | 2011, the required rate for State contributions to the
System |
13 | | for the next State fiscal year, as determined under subsection |
14 | | (b) of
Section 14-131. The certification to the Governor under |
15 | | this subsection (a) shall include a copy of the
actuarial |
16 | | recommendations upon which the rate is based and shall |
17 | | specifically identify the System's projected State normal cost |
18 | | for that fiscal year .
|
19 | | (a-5) On or before November 1 of each year, beginning |
20 | | November 1, 2012, the Board shall submit to the State Actuary, |
21 | | the Governor, and the General Assembly a proposed certification |
22 | | of the amount of the required State contribution to the System |
23 | | for the next fiscal year, along with all of the actuarial |
24 | | assumptions, calculations, and data upon which that proposed |
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1 | | certification is based. On or before January 1 of each year , |
2 | | beginning January 1, 2013, the State Actuary shall issue a |
3 | | preliminary report concerning the proposed certification and |
4 | | identifying, if necessary, recommended changes in actuarial |
5 | | assumptions that the Board must consider before finalizing its |
6 | | certification of the required State contributions. |
7 | | On or before January 15, 2013 and each January 15 |
8 | | thereafter, the Board shall certify to the Governor and the |
9 | | General Assembly the amount of the required State contribution |
10 | | for the next fiscal year. The certification shall include a |
11 | | copy of the actuarial
recommendations upon which it is based |
12 | | and shall specifically identify the System's projected State |
13 | | normal cost for that fiscal year. The Board's certification |
14 | | must note any deviations from the State Actuary's recommended |
15 | | changes, the reason or reasons for not following the State |
16 | | Actuary's recommended changes, and the fiscal impact of not |
17 | | following the State Actuary's recommended changes on the |
18 | | required State contribution. |
19 | | (b) The certifications under subsections (a) and (a-5) |
20 | | shall include an additional amount necessary to pay all |
21 | | principal of and interest on those general obligation bonds due |
22 | | the next fiscal year authorized by Section 7.2(a) of the |
23 | | General Obligation Bond Act and issued to provide the proceeds |
24 | | deposited by the State with the System in July 2003, |
25 | | representing deposits other than amounts reserved under |
26 | | Section 7.2(c) of the General Obligation Bond Act. For State |
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1 | | fiscal year 2005, the Board shall make a supplemental |
2 | | certification of the additional amount necessary to pay all |
3 | | principal of and interest on those general obligation bonds due |
4 | | in State fiscal years 2004 and 2005 authorized by Section |
5 | | 7.2(a) of the General Obligation Bond Act and issued to provide |
6 | | the proceeds deposited by the State with the System in July |
7 | | 2003, representing deposits other than amounts reserved under |
8 | | Section 7.2(c) of the General Obligation Bond Act, as soon as |
9 | | practical after the effective date of this amendatory Act of |
10 | | the 93rd General Assembly.
|
11 | | On or before May 1, 2004, the Board shall recalculate and |
12 | | recertify
to the Governor and to each department the amount of |
13 | | the required State
contribution to the System and the required |
14 | | rates for State contributions
to the System for State fiscal |
15 | | year 2005, taking into account the amounts
appropriated to and |
16 | | received by the System under subsection (d) of Section
7.2 of |
17 | | the General Obligation Bond Act.
|
18 | | On or before July 1, 2005, the Board shall recalculate and |
19 | | recertify
to the Governor and to each department the amount of |
20 | | the required State
contribution to the System and the required |
21 | | rates for State contributions
to the System for State fiscal |
22 | | year 2006, taking into account the changes in required State |
23 | | contributions made by this amendatory Act of the 94th General |
24 | | Assembly.
|
25 | | On or before April 1, 2011, the Board shall recalculate and |
26 | | recertify to the Governor and to each department the amount of |
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1 | | the required State contribution to the System for State fiscal |
2 | | year 2011, applying the changes made by Public Act 96-889 to |
3 | | the System's assets and liabilities as of June 30, 2009 as |
4 | | though Public Act 96-889 was approved on that date. |
5 | | (Source: P.A. 96-1497, eff. 1-14-11; 96-1511, eff. 1-27-11; |
6 | | 97-694, eff. 6-18-12.)
|
7 | | (40 ILCS 5/14-152.1)
|
8 | | Sec. 14-152.1. Application and expiration of new benefit |
9 | | increases. |
10 | | (a) As used in this Section, "new benefit increase" means |
11 | | an increase in the amount of any benefit provided under this |
12 | | Article, or an expansion of the conditions of eligibility for |
13 | | any benefit under this Article, that results from an amendment |
14 | | to this Code that takes effect after June 1, 2005 (the |
15 | | effective date of Public Act 94-4). "New benefit increase", |
16 | | however, does not include any benefit increase resulting from |
17 | | the changes made to this Article or Article 1 by Public Act |
18 | | 96-37 or by this amendatory Act of the 98th 96th General |
19 | | Assembly.
|
20 | | (b) Notwithstanding any other provision of this Code or any |
21 | | subsequent amendment to this Code, every new benefit increase |
22 | | is subject to this Section and shall be deemed to be granted |
23 | | only in conformance with and contingent upon compliance with |
24 | | the provisions of this Section.
|
25 | | (c) The Public Act enacting a new benefit increase must |
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1 | | identify and provide for payment to the System of additional |
2 | | funding at least sufficient to fund the resulting annual |
3 | | increase in cost to the System as it accrues. |
4 | | Every new benefit increase is contingent upon the General |
5 | | Assembly providing the additional funding required under this |
6 | | subsection. The Commission on Government Forecasting and |
7 | | Accountability shall analyze whether adequate additional |
8 | | funding has been provided for the new benefit increase and |
9 | | shall report its analysis to the Public Pension Division of the |
10 | | Department of Financial and Professional Regulation. A new |
11 | | benefit increase created by a Public Act that does not include |
12 | | the additional funding required under this subsection is null |
13 | | and void. If the Public Pension Division determines that the |
14 | | additional funding provided for a new benefit increase under |
15 | | this subsection is or has become inadequate, it may so certify |
16 | | to the Governor and the State Comptroller and, in the absence |
17 | | of corrective action by the General Assembly, the new benefit |
18 | | increase shall expire at the end of the fiscal year in which |
19 | | the certification is made.
|
20 | | (d) Every new benefit increase shall expire 5 years after |
21 | | its effective date or on such earlier date as may be specified |
22 | | in the language enacting the new benefit increase or provided |
23 | | under subsection (c). This does not prevent the General |
24 | | Assembly from extending or re-creating a new benefit increase |
25 | | by law. |
26 | | (e) Except as otherwise provided in the language creating |
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1 | | the new benefit increase, a new benefit increase that expires |
2 | | under this Section continues to apply to persons who applied |
3 | | and qualified for the affected benefit while the new benefit |
4 | | increase was in effect and to the affected beneficiaries and |
5 | | alternate payees of such persons, but does not apply to any |
6 | | other person, including without limitation a person who |
7 | | continues in service after the expiration date and did not |
8 | | apply and qualify for the affected benefit while the new |
9 | | benefit increase was in effect.
|
10 | | (Source: P.A. 96-37, eff. 7-13-09.)
|
11 | | (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
|
12 | | Sec. 15-106. Employer. "Employer": The University of |
13 | | Illinois, Southern
Illinois University, Chicago State |
14 | | University, Eastern Illinois University,
Governors State |
15 | | University, Illinois State University, Northeastern Illinois
|
16 | | University, Northern Illinois University, Western Illinois |
17 | | University, the
State Board of Higher Education, the Illinois |
18 | | Mathematics and Science Academy,
the University Civil Service |
19 | | Merit Board, the Board of
Trustees of the State Universities |
20 | | Retirement System, the Illinois Community
College Board, |
21 | | community college
boards, any association of community college |
22 | | boards organized under Section
3-55 of the Public Community |
23 | | College Act, the Board of Examiners established
under the |
24 | | Illinois Public Accounting Act, and, only during the period for |
25 | | which
employer contributions required under Section 15-155 are |
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1 | | paid, the following
organizations: the alumni associations, |
2 | | the foundations and the athletic
associations which are |
3 | | affiliated with the universities and colleges included
in this |
4 | | Section as employers. An individual that begins employment |
5 | | after the effective date of this amendatory Act of the 98th |
6 | | General Assembly with an entity not defined as an employer in |
7 | | this Section shall not be deemed an employee for the purposes |
8 | | of this Article with respect to that employment and shall not |
9 | | be eligible to participate in the System with respect to that |
10 | | employment; provided, however, that those individuals who are |
11 | | both employed and already participants in the System on the |
12 | | effective date of this amendatory Act of the 98th General |
13 | | Assembly shall be allowed to continue as participants in the |
14 | | System for the duration of that employment. |
15 | | Notwithstanding any provision of law to the contrary, an |
16 | | individual who begins employment with any of the following |
17 | | employers on or after the effective date of this amendatory Act |
18 | | of the 98th General Assembly shall not be deemed an employee |
19 | | and shall not be eligible to participate in the System with |
20 | | respect to that employment: any association of community |
21 | | college boards organized under Section
3-55 of the Public |
22 | | Community College Act, the Association of Illinois |
23 | | Middle-Grade Schools, the Illinois Association of School |
24 | | Administrators, the Illinois Association for Supervision and |
25 | | Curriculum Development, the Illinois Principals Association, |
26 | | the Illinois Association of School Business Officials, or the |
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1 | | Illinois Special Olympics; provided, however, that those |
2 | | individuals who are both employed and already participants in |
3 | | the System on the effective date of this amendatory Act of the |
4 | | 98th General Assembly shall be allowed to continue as |
5 | | participants in the System for the duration of that employment. |
6 | | A department as defined in Section 14-103.04 is
an employer |
7 | | for any person appointed by the Governor under the Civil
|
8 | | Administrative Code of Illinois who is a participating employee |
9 | | as defined in
Section 15-109. The Department of Central |
10 | | Management Services is an employer with respect to persons |
11 | | employed by the State Board of Higher Education in positions |
12 | | with the Illinois Century Network as of June 30, 2004 who |
13 | | remain continuously employed after that date by the Department |
14 | | of Central Management Services in positions with the Illinois |
15 | | Century Network, the Bureau of Communication and Computer |
16 | | Services, or, if applicable, any successor bureau.
|
17 | | The cities of Champaign and Urbana shall be considered
|
18 | | employers, but only during the period for which contributions |
19 | | are required to
be made under subsection (b-1) of Section |
20 | | 15-155 and only with respect to
individuals described in |
21 | | subsection (h) of Section 15-107.
|
22 | | (Source: P.A. 95-369, eff. 8-23-07; 95-728, eff. 7-1-08 - See |
23 | | Sec. 999 .)
|
24 | | (40 ILCS 5/15-107) (from Ch. 108 1/2, par. 15-107)
|
25 | | Sec. 15-107. Employee.
|
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1 | | (a) "Employee" means any member of the educational, |
2 | | administrative,
secretarial, clerical, mechanical, labor or |
3 | | other staff of an employer
whose employment is permanent and |
4 | | continuous or who is employed in a
position in which services |
5 | | are expected to be rendered on a continuous
basis for at least |
6 | | 4 months or one academic term, whichever is less, who
(A) |
7 | | receives payment for personal services on a warrant issued |
8 | | pursuant to
a payroll voucher certified by an employer and |
9 | | drawn by the State
Comptroller upon the State Treasurer or by |
10 | | an employer upon trust, federal
or other funds, or (B) is on a |
11 | | leave of absence without pay. Employment
which is irregular, |
12 | | intermittent or temporary shall not be considered
continuous |
13 | | for purposes of this paragraph.
|
14 | | However, a person is not an "employee" if he or she:
|
15 | | (1) is a student enrolled in and regularly attending |
16 | | classes in a
college or university which is an employer, |
17 | | and is employed on a temporary
basis at less than full |
18 | | time;
|
19 | | (2) is currently receiving a retirement annuity or a |
20 | | disability
retirement annuity under Section 15-153.2 from |
21 | | this System;
|
22 | | (3) is on a military leave of absence;
|
23 | | (4) is eligible to participate in the Federal Civil |
24 | | Service Retirement
System and is currently making |
25 | | contributions to that system based upon
earnings paid by an |
26 | | employer;
|
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1 | | (5) is on leave of absence without pay for more than 60 |
2 | | days
immediately following termination of disability |
3 | | benefits under this
Article;
|
4 | | (6) is hired after June 30, 1979 as a public service |
5 | | employment program
participant under the Federal |
6 | | Comprehensive Employment and Training Act
and receives |
7 | | earnings in whole or in part from funds provided under that
|
8 | | Act; or
|
9 | | (7) is employed on or after July 1, 1991 to perform |
10 | | services that
are excluded by subdivision (a)(7)(f) or |
11 | | (a)(19) of Section 210 of the
federal Social Security Act |
12 | | from the definition of employment given in that
Section (42 |
13 | | U.S.C. 410).
|
14 | | (b) Any employer may, by filing a written notice with the |
15 | | board, exclude
from the definition of "employee" all persons |
16 | | employed pursuant to a federally
funded contract entered into |
17 | | after July 1, 1982 with a federal military
department in a |
18 | | program providing training in military courses to federal
|
19 | | military personnel on a military site owned by the United |
20 | | States Government,
if this exclusion is not prohibited by the |
21 | | federally funded contract or
federal laws or rules governing |
22 | | the administration of the contract.
|
23 | | (c) Any person appointed by the Governor under the Civil |
24 | | Administrative
Code of the State is an employee, if he or she |
25 | | is a participant in this
system on the effective date of the |
26 | | appointment.
|
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1 | | (d) A participant on lay-off status under civil service |
2 | | rules is
considered an employee for not more than 120 days from |
3 | | the date of the lay-off.
|
4 | | (e) A participant is considered an employee during (1) the |
5 | | first 60 days
of disability leave, (2) the period, not to |
6 | | exceed one year, in which his
or her eligibility for disability |
7 | | benefits is being considered by the board
or reviewed by the |
8 | | courts, and (3) the period he or she receives disability
|
9 | | benefits under the provisions of Section 15-152, workers' |
10 | | compensation or
occupational disease benefits, or disability |
11 | | income under an insurance
contract financed wholly or partially |
12 | | by the employer.
|
13 | | (f) Absences without pay, other than formal leaves of |
14 | | absence, of less
than 30 calendar days, are not considered as |
15 | | an interruption of a person's
status as an employee. If such |
16 | | absences during any period of 12 months
exceed 30 work days, |
17 | | the employee status of the person is considered as
interrupted |
18 | | as of the 31st work day.
|
19 | | (g) A staff member whose employment contract requires |
20 | | services during
an academic term is to be considered an |
21 | | employee during the summer and
other vacation periods, unless |
22 | | he or she declines an employment contract
for the succeeding |
23 | | academic term or his or her employment status is
otherwise |
24 | | terminated, and he or she receives no earnings during these |
25 | | periods.
|
26 | | (h) An individual who was a participating employee employed |
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1 | | in the fire
department of the University of Illinois's |
2 | | Champaign-Urbana campus immediately
prior to the elimination |
3 | | of that fire department and who immediately after the
|
4 | | elimination of that fire department became employed by the fire |
5 | | department of
the City of Urbana or the City of Champaign shall |
6 | | continue to be considered as
an employee for purposes of this |
7 | | Article for so long as the individual remains
employed as a |
8 | | firefighter by the City of Urbana or the City of Champaign. The
|
9 | | individual shall cease to be considered an employee under this |
10 | | subsection (h)
upon the first termination of the individual's |
11 | | employment as a firefighter by
the City of Urbana or the City |
12 | | of Champaign.
|
13 | | (i) An individual who is employed on a full-time basis as |
14 | | an officer
or employee of a statewide teacher organization that |
15 | | serves System
participants or an officer of a national teacher |
16 | | organization that serves
System participants may participate |
17 | | in the System and shall be deemed an
employee, provided that |
18 | | (1) the individual has previously earned
creditable service |
19 | | under this Article, (2) the individual files with the
System an |
20 | | irrevocable election to become a participant before the |
21 | | effective date of this amendatory Act of the 97th General |
22 | | Assembly, (3) the
individual does not receive credit for that |
23 | | employment under any other Article
of this Code, and (4) the |
24 | | individual first became a full-time employee of the teacher |
25 | | organization and becomes a participant before the effective |
26 | | date of this amendatory Act of the 97th General Assembly. An |
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1 | | employee under this subsection (i) is responsible for paying
to |
2 | | the System both (A) employee contributions based on the actual |
3 | | compensation
received for service with the teacher |
4 | | organization and (B) employer
contributions equal to the normal |
5 | | costs (as defined in Section 15-155)
resulting from that |
6 | | service; all or any part of these contributions may be
paid on |
7 | | the employee's behalf or picked up for tax purposes (if |
8 | | authorized
under federal law) by the teacher organization.
|
9 | | A person who is an employee as defined in this subsection |
10 | | (i) may establish
service credit for similar employment prior |
11 | | to becoming an employee under this
subsection by paying to the |
12 | | System for that employment the contributions
specified in this |
13 | | subsection, plus interest at the effective rate from the
date |
14 | | of service to the date of payment. However, credit shall not be |
15 | | granted
under this subsection for any such prior employment for |
16 | | which the applicant
received credit under any other provision |
17 | | of this Code, or during which
the applicant was on a leave of |
18 | | absence under Section 15-113.2.
|
19 | | (j) A person employed by the State Board of Higher |
20 | | Education in a position with the Illinois Century Network as of |
21 | | June 30, 2004 shall be considered to be an employee for so long |
22 | | as he or she remains continuously employed after that date by |
23 | | the Department of Central Management Services in a position |
24 | | with the Illinois Century Network, the Bureau of Communication |
25 | | and Computer Services, or, if applicable, any successor bureau
|
26 | | and meets the requirements of subsection (a).
|
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1 | | (k) In the case of doubt as to whether any person is an |
2 | | employee within the meaning of this Section, the decision of |
3 | | the Board shall be final. |
4 | | (Source: P.A. 97-651, eff. 1-5-12.)
|
5 | | (40 ILCS 5/15-107.1 new) |
6 | | Sec. 15-107.1. Tier I participant. "Tier I participant": A |
7 | | participant under this Article, other than a participant in the |
8 | | self-managed plan under Section 15-158.2, who first became a |
9 | | member or participant before January 1, 2011 under any |
10 | | reciprocal retirement system or pension fund established under |
11 | | this Code other than a retirement system or pension fund |
12 | | established under Article 2, 3, 4, 5, 6, or 18 of this Code. |
13 | | (40 ILCS 5/15-107.2 new) |
14 | | Sec. 15-107.2. Tier I retiree. "Tier I retiree": A former |
15 | | Tier I participant who is receiving a retirement annuity. |
16 | | A person does not become a Tier I retiree by virtue of |
17 | | receiving a reversionary, survivors, beneficiary, or |
18 | | disability annuity.
|
19 | | (40 ILCS 5/15-111) (from Ch. 108 1/2, par. 15-111)
|
20 | | Sec. 15-111. Earnings.
"Earnings": An amount paid for |
21 | | personal services equal to the sum of
the basic compensation |
22 | | plus extra compensation for summer teaching,
overtime or other |
23 | | extra service. For periods for which an employee receives
|
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1 | | service credit under subsection (c) of Section 15-113.1 or |
2 | | Section 15-113.2,
earnings are equal to the basic compensation |
3 | | on which contributions are
paid by the employee during such |
4 | | periods. Compensation for employment which is
irregular, |
5 | | intermittent and temporary shall not be considered earnings, |
6 | | unless
the participant is also receiving earnings from the |
7 | | employer as an employee
under Section 15-107.
|
8 | | With respect to transition pay paid by the University of |
9 | | Illinois to a
person who was a participating employee employed |
10 | | in the fire department of
the University of Illinois's |
11 | | Champaign-Urbana campus immediately prior to
the elimination |
12 | | of that fire department:
|
13 | | (1) "Earnings" includes transition pay paid to the |
14 | | employee on or after
the effective date of this amendatory |
15 | | Act of the 91st General Assembly.
|
16 | | (2) "Earnings" includes transition pay paid to the |
17 | | employee before the
effective date of this amendatory Act |
18 | | of the 91st General Assembly only if (i)
employee |
19 | | contributions under Section 15-157 have been withheld from |
20 | | that
transition pay or (ii) the employee pays to the System |
21 | | before January 1, 2001
an amount representing employee |
22 | | contributions under Section 15-157 on that
transition pay. |
23 | | Employee contributions under item (ii) may be paid in a |
24 | | lump
sum, by withholding from additional transition pay |
25 | | accruing before January 1,
2001, or in any other manner |
26 | | approved by the System. Upon payment of the
employee |
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1 | | contributions on transition pay, the corresponding |
2 | | employer
contributions become an obligation of the State.
|
3 | | Notwithstanding any other provision of this Code, the |
4 | | earnings of a Tier I participant for the purposes of this Code |
5 | | shall not exceed, for periods of service on or after the |
6 | | effective date of this amendatory Act of the 98th General |
7 | | Assembly, the greater of (i) the limitation determined from |
8 | | time to time under subsection (b-5) of Section 1-160 of this |
9 | | Code for persons subject to that Section or (ii) the annual |
10 | | earnings of the participant during the 365 days immediately |
11 | | preceding that effective date; except that this limitation does |
12 | | not apply to a participant's earnings that are determined under |
13 | | an employment contract or collective bargaining agreement that |
14 | | is in effect on the effective date of this amendatory Act of |
15 | | the 98th General Assembly and has not been amended or renewed |
16 | | after that date. |
17 | | (Source: P.A. 91-887, eff. 7-6-00.)
|
18 | | (40 ILCS 5/15-112) (from Ch. 108 1/2, par. 15-112)
|
19 | | Sec. 15-112. Final rate of earnings. |
20 | | "Final rate of earnings": |
21 | | (a) This subsection (a) applies only to a person who first |
22 | | becomes a participant of any system before January 1, 2011. |
23 | |
For an employee who is paid on an hourly basis or who |
24 | | receives an annual salary
in installments during 12 months of |
25 | | each academic year, the average annual
earnings during the 48 |
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1 | | consecutive calendar month period ending with the last
day of |
2 | | final termination of employment or the 4 consecutive academic |
3 | | years of
service in which the employee's earnings were the |
4 | | highest, whichever is
greater.
For any other employee, the |
5 | | average annual earnings during the 4 consecutive
academic years |
6 | | of service in which his or her earnings were the highest.
For |
7 | | an employee with less than 48 months or 4 consecutive academic |
8 | | years of
service, the average earnings during his or her entire |
9 | | period of service.
The earnings of an employee with more than |
10 | | 36 months of service prior to the
date of becoming a |
11 | | participant are, for such period, considered equal to the
|
12 | | average earnings during the last 36 months of such service. |
13 | | (b) This subsection (b) applies to a person to whom |
14 | | subsection (a) does not apply. |
15 | | For an employee who is paid on an hourly basis or who |
16 | | receives an annual salary in installments during 12 months of |
17 | | each academic year, the average annual earnings obtained by |
18 | | dividing by 8 the total earnings of the employee during the 96 |
19 | | consecutive months in which the total earnings were the highest |
20 | | within the last 120 months prior to termination. |
21 | | For any other employee, the average annual earnings during |
22 | | the 8 consecutive academic years within the 10 years prior to |
23 | | termination in which the employee's earnings were the highest. |
24 | | For an employee with less than 96 consecutive months or 8 |
25 | | consecutive academic years of service, whichever is necessary, |
26 | | the average earnings during his or her entire period of |
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1 | | service. |
2 | | (c) For an
employee on leave of absence with pay, or on |
3 | | leave of absence without pay
who makes contributions during |
4 | | such leave, earnings are assumed to be equal
to the basic |
5 | | compensation on the date the leave began. |
6 | | (d) For an employee on
disability leave, earnings are |
7 | | assumed to be equal to the basic compensation
on the date |
8 | | disability occurs or the average earnings during the 24 months
|
9 | | immediately preceding the month in which disability occurs, |
10 | | whichever is
greater.
|
11 | | (e) For a participant who retires on or after the effective |
12 | | date of this
amendatory Act of 1997 with at least 20 years of |
13 | | service as a firefighter or
police officer under this Article, |
14 | | the final rate of earnings shall be the
annual rate of earnings |
15 | | received by the participant on his or her last day as a
|
16 | | firefighter or police officer under this Article, if that is |
17 | | greater than the
final rate of earnings as calculated under the |
18 | | other provisions of this
Section.
|
19 | | (f) If a participant to whom subsection (a) of this Section |
20 | | applies is an employee for at least
6 months during the |
21 | | academic year in which his or her employment
is terminated, the |
22 | | annual final rate of earnings shall be 25% of the sum
of (1) |
23 | | the annual basic compensation for that year, and (2) the amount
|
24 | | earned during the 36 months immediately preceding that year, if |
25 | | this is
greater than the final rate of earnings as calculated |
26 | | under the other
provisions of this Section.
|
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1 | | (g) In the determination of the final rate of earnings for |
2 | | an employee, that
part of an employee's earnings for any |
3 | | academic year beginning after June 30,
1997, which exceeds the |
4 | | employee's earnings with that employer for the
preceding year |
5 | | by more than 20 percent shall be excluded; in the event
that an |
6 | | employee has more than one employer
this limitation shall be |
7 | | calculated separately for the earnings with
each employer. In |
8 | | making such calculation, only the basic compensation of
|
9 | | employees shall be considered, without regard to vacation or |
10 | | overtime or to
contracts for summer employment.
|
11 | | (h) The following are not considered as earnings in |
12 | | determining final rate of
earnings: (1) severance or separation |
13 | | pay, (2) retirement pay, (3)
payment for unused sick leave, and |
14 | | (4) payments from an employer for
the period used in |
15 | | determining final rate of earnings for any purpose other
than |
16 | | (i) services rendered, (ii) leave of absence or vacation |
17 | | granted
during that period, and (iii) vacation of up to 56 work |
18 | | days allowed upon
termination of employment; except that, if |
19 | | the benefit has been collectively
bargained between the |
20 | | employer and the recognized collective bargaining agent
|
21 | | pursuant to the Illinois Educational Labor Relations Act, |
22 | | payment received
during a period of up to 2 academic years for |
23 | | unused sick leave may be
considered as earnings in accordance |
24 | | with the applicable collective bargaining
agreement, subject |
25 | | to the 20% increase limitation of this Section , and if the |
26 | | person first becomes a participant on or after the effective |
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1 | | date of this amendatory Act of the 98th General Assembly, |
2 | | payments for unused sick or vacation time shall not be |
3 | | considered as earnings . Any unused
sick leave considered as |
4 | | earnings under this Section shall not be taken into
account in |
5 | | calculating service credit under Section 15-113.4.
|
6 | | (i) Intermittent periods of service shall be considered as |
7 | | consecutive in
determining final rate of earnings.
|
8 | | (Source: P.A. 96-1490, eff. 1-1-11.)
|
9 | | (40 ILCS 5/15-113.4) (from Ch. 108 1/2, par. 15-113.4)
|
10 | | Sec. 15-113.4. Service for unused sick leave. "Service for |
11 | | unused
sick leave": A person who first becomes a participant |
12 | | before the effective date of this amendatory Act of the 98th |
13 | | General Assembly and who is an employee under this System or |
14 | | one of
the other systems subject to Article 20 of this Code |
15 | | within 60 days
immediately preceding the date on which his or |
16 | | her retirement annuity
begins, is entitled to credit for |
17 | | service for that portion of unused sick
leave earned in the |
18 | | course of employment with an employer and credited on
the date |
19 | | of termination of employment by an employer for which payment |
20 | | is
not received, in accordance with the following schedule: 30 |
21 | | through 90
full calendar days and 20 through 59 full work days |
22 | | of unused sick leave,
1/4 of a year of service; 91 through 180 |
23 | | full calendar days and 60 through
119 full work days, 1/2 of a |
24 | | year of service; 181 through 270 full calendar
days and 120 |
25 | | through 179 full work days, 3/4 of a year of service; 271
|
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1 | | through 360 full calendar days and 180 through 240 full work |
2 | | days, one year
of service.
Only uncompensated, unused sick |
3 | | leave earned in accordance with an
employer's sick leave |
4 | | accrual policy generally applicable to employees or a
class of |
5 | | employees shall be taken into account in calculating service |
6 | | credit
under this Section. Any uncompensated, unused sick leave |
7 | | granted by an
employer to facilitate the hiring, retirement, |
8 | | termination, or other special
circumstances of an employee |
9 | | shall not be taken into account in calculating
service credit |
10 | | under this Section.
If a participant transfers from one |
11 | | employer to another, the
unused sick leave credited by the |
12 | | previous employer shall be considered in
determining service to |
13 | | be credited under this Section, even if the
participant |
14 | | terminated service prior to the effective date of P.A. 86-272
|
15 | | (August 23, 1989); if necessary, the retirement annuity shall |
16 | | be
recalculated to reflect such sick leave credit. Each |
17 | | employer shall
certify to the board the number of days of |
18 | | unused sick leave accrued to the
participant's credit on the |
19 | | date that the participant's status as an
employee terminated. |
20 | | This period of unused sick leave shall not be
considered in |
21 | | determining the date the retirement annuity begins. A person |
22 | | who first becomes a participant on or after the effective date |
23 | | of this amendatory Act of the 98th General Assembly shall not |
24 | | receive service credit for unused sick leave.
|
25 | | (Source: P.A. 90-65, eff. 7-7-97; 90-511, eff. 8-22-97.)
|
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1 | | (40 ILCS 5/15-113.7) (from Ch. 108 1/2, par. 15-113.7)
|
2 | | Sec. 15-113.7. Service for other public employment. |
3 | | "Service for
other public employment": Includes those periods |
4 | | not exceeding the lesser of
10 years or 2/3 of the service |
5 | | granted under other Sections of this Article
dealing with |
6 | | service credit, during which a person was employed full time by
|
7 | | the United States government, or by the government of a state, |
8 | | or by a
political subdivision of a state, or by an agency or |
9 | | instrumentality of any of
the foregoing, if the person (1) |
10 | | cannot qualify for a retirement pension or
other benefit based |
11 | | upon employer contributions from another retirement system,
|
12 | | exclusive of federal social security, based in whole or in part |
13 | | upon this
employment, and (2) pays the lesser of (A) an amount |
14 | | equal to 8% of his or her
annual basic compensation on the date |
15 | | of becoming a participating employee
subsequent to this service |
16 | | multiplied by the number of years of such service,
together |
17 | | with compound interest from the date participation begins to |
18 | | the date
payment is received by the board at the rate of 6% per |
19 | | annum through August 31,
1982, and at the effective rates after |
20 | | that date, and (B) 50% of the actuarial
value of the increase |
21 | | in the retirement annuity provided by this service, and
(3) |
22 | | contributes for at least 5 years subsequent to this employment |
23 | | to one or
more of the following systems: the State Universities |
24 | | Retirement System, the
Teachers' Retirement System of the State |
25 | | of Illinois, and the Public School
Teachers' Pension and |
26 | | Retirement Fund of Chicago. If a function of a
governmental |
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1 | | unit as defined by Section 20-107 is transferred by law, in |
2 | | whole
or in part to an employer, and an employee transfers |
3 | | employment from this
governmental unit to such employer within |
4 | | 6 months of the transfer of the
function, the payment for |
5 | | service authorized under this Section shall not
exceed the |
6 | | amount which would have been payable for this service to the
|
7 | | retirement system covering the governmental unit from which the |
8 | | function was
transferred.
|
9 | | The service granted under this Section shall not be |
10 | | considered in determining
whether the person has the minimum of |
11 | | 8 years of service required to qualify
for a retirement annuity |
12 | | at age 55 or the 5 years of service required to
qualify for a |
13 | | retirement annuity at age 62, as provided in Section 15-135 or |
14 | | the 10 years required by subsection (c) of Section 1-160 .
The |
15 | | maximum allowable service of 10 years for this governmental |
16 | | employment
shall be reduced by the service credit which is |
17 | | validated under paragraph
(2) of subsection (b) of Section |
18 | | 16-127 and paragraph one of Section 17-133.
|
19 | | Except as hereinafter provided, this Section shall not |
20 | | apply to
persons who become participants in the system after |
21 | | September 1, 1974.
|
22 | | (Source: P.A. 95-83, eff. 8-13-07.)
|
23 | | (40 ILCS 5/15-125) (from Ch. 108 1/2, par. 15-125)
|
24 | | Sec. 15-125. "Prescribed Rate of Interest; Effective Rate |
25 | | of Interest".
|
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1 | | (1) "Prescribed rate of interest": The rate of interest to |
2 | | be used in
actuarial valuations and in development of actuarial |
3 | | tables as determined
by the board on the basis of the probable |
4 | | average effective rate of
interest on a long term basis.
|
5 | | (2) "Effective rate of interest": The interest rate for all |
6 | | or any part of
a fiscal year that is determined by the State |
7 | | Comptroller board based
on factors including the system's past |
8 | | and expected investment experience;
historical and expected |
9 | | fluctuations in the market value of investments; the
|
10 | | desirability of minimizing volatility in the effective rate of |
11 | | interest from
year to year; and the provision of reserves for |
12 | | anticipated losses upon sales,
redemptions, or other |
13 | | disposition of investments and for variations in interest
|
14 | | experience ; except that for the purpose of determining the |
15 | | accumulated normal contributions used in calculating |
16 | | retirement annuities under Rule 2 of Section 15-136, the |
17 | | effective rate of interest shall be determined by the State |
18 | | Comptroller rather than the board . The State Comptroller shall |
19 | | determine the effective rate of interest to be used for this |
20 | | purpose using the factors listed above, and shall certify to |
21 | | the board and the Commission on Government Forecasting and |
22 | | Accountability the rate to be used for this purpose for fiscal |
23 | | year 2006 as soon as possible after the effective date of this |
24 | | amendatory Act of the 94th General Assembly, and for each |
25 | | fiscal year thereafter no later than the January 31 immediately |
26 | | preceding the start of that fiscal year. |
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1 | | (2.1) The phrase "expected investment experience" as |
2 | | providing special consideration to the rates of return achieved |
3 | | by long-term U.S. Treasury Bonds. Subject to the limitations |
4 | | set forth in Section 1-103.1 of the Pension Code the definition |
5 | | of this phrase is a declaration of existing law and shall not |
6 | | be construed as a new enactment. |
7 | | (3) The change made to this Section by Public Acts 90-65 |
8 | | and 90-511 is a clarification of existing law.
|
9 | | (Source: P.A. 94-4, eff. 6-1-05; 94-982, eff. 6-30-06.)
|
10 | | (40 ILCS 5/15-135) (from Ch. 108 1/2, par. 15-135)
|
11 | | Sec. 15-135. Retirement annuities - Conditions.
|
12 | | (a) A participant who retires in one of the following |
13 | | specified years with
the specified amount of service is |
14 | | entitled to a retirement annuity at any age
under the |
15 | | retirement program applicable to the participant:
|
16 | | 35 years if retirement is in 1997 or before;
|
17 | | 34 years if retirement is in 1998;
|
18 | | 33 years if retirement is in 1999;
|
19 | | 32 years if retirement is in 2000;
|
20 | | 31 years if retirement is in 2001;
|
21 | | 30 years if retirement is in 2002 or later.
|
22 | | A participant with 8 or more years of service after |
23 | | September 1, 1941, is
entitled to a retirement annuity on or |
24 | | after attainment of age 55.
|
25 | | A participant with at least 5 but less than 8 years
of |
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1 | | service after September 1, 1941, is entitled to a retirement |
2 | | annuity on
or after attainment of age 62.
|
3 | | A participant who has at least 25 years of service in this |
4 | | system as a
police officer or firefighter is entitled to a |
5 | | retirement
annuity on or after the attainment of age 50, if |
6 | | Rule 4 of Section
15-136 is applicable to the participant.
|
7 | | (a-5) Notwithstanding subsection (a) of this Section, for a |
8 | | Tier I participant who begins receiving a retirement annuity |
9 | | under this Article on or after July 1, 2013: |
10 | | (1) If the Tier I participant is at least 45 years old |
11 | | on the effective date of this amendatory Act of the 98th |
12 | | General Assembly, then the reference to retirement with 30 |
13 | | years of service as well as the references to age 50, 55, |
14 | | and 62 in subsection (a) of this Section remain unchanged. |
15 | | (2) If the Tier I participant is at least 40 but less |
16 | | than 45 years old on the effective date of this amendatory |
17 | | Act of the 98th General Assembly, then the reference to |
18 | | retirement with 30 years of service as well as the |
19 | | references to age 50, 55, and 62 in subsection (a) of this |
20 | | Section shall be increased by one year. |
21 | | (3) If the Tier I participant is at least 35 but less |
22 | | than 40 years old on the effective date of this amendatory |
23 | | Act of the 98th General Assembly, then the reference to |
24 | | retirement with 30 years of service as well as the |
25 | | references to age 50, 55, and 62 in subsection (a) of this |
26 | | Section shall be increased by 3 years. |
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1 | | (4) If the Tier I participant is less than 35 years old |
2 | | on the effective date of this amendatory Act of the 98th |
3 | | General Assembly, then the reference to retirement with 30 |
4 | | years of service as well as the references to age 50, 55, |
5 | | and 62 in subsection (a) of this Section shall be increased |
6 | | by 5 years. |
7 | | Notwithstanding Section 1-103.1, this subsection (a-5) |
8 | | applies without regard to whether or not the Tier I participant |
9 | | is in active service under this Article on or after the |
10 | | effective date of this amendatory Act of the 98th General |
11 | | Assembly. |
12 | | (b) The annuity payment period shall begin on the date |
13 | | specified by the
participant or the recipient of a disability |
14 | | retirement annuity submitting a written application, which |
15 | | date shall not be prior
to termination of employment or more |
16 | | than one year before the application is
received by the board; |
17 | | however, if the participant is not an employee of an
employer |
18 | | participating in this System or in a participating system as |
19 | | defined
in Article 20 of this Code on April 1 of the calendar |
20 | | year next following
the calendar year in which the participant |
21 | | attains age 70 1/2, the annuity
payment period shall begin on |
22 | | that date regardless of whether an application
has been filed.
|
23 | | (c) An annuity is not payable if the amount provided under |
24 | | Section
15-136 is less than $10 per month.
|
25 | | (Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12.)
|
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1 | | (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
|
2 | | Sec. 15-136. Retirement annuities - Amount. The provisions |
3 | | of this
Section 15-136 apply only to those participants who are |
4 | | participating in the
traditional benefit package or the |
5 | | portable benefit package and do not
apply to participants who |
6 | | are participating in the self-managed plan.
|
7 | | (a) The amount of a participant's retirement annuity, |
8 | | expressed in the form
of a single-life annuity, shall be |
9 | | determined by whichever of the following
rules is applicable |
10 | | and provides the largest annuity:
|
11 | | Rule 1: The retirement annuity shall be 1.67% of final rate |
12 | | of earnings for
each of the first 10 years of service, 1.90% |
13 | | for each of the next 10 years of
service, 2.10% for each year |
14 | | of service in excess of 20 but not exceeding 30,
and 2.30% for |
15 | | each year in excess of 30; or for persons who retire on or
|
16 | | after January 1, 1998, 2.2% of the final rate of earnings for |
17 | | each year of
service.
|
18 | | Rule 2: The retirement annuity shall be the sum of the |
19 | | following,
determined from amounts credited to the participant |
20 | | in accordance with the
actuarial tables and the effective rate |
21 | | of interest in effect at the
time the retirement annuity |
22 | | begins:
|
23 | | (i) the normal annuity which can be provided on an |
24 | | actuarially
equivalent basis, by the accumulated normal |
25 | | contributions as of
the date the annuity begins;
|
26 | | (ii) an annuity from employer contributions of an |
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1 | | amount equal to that
which can be provided on an |
2 | | actuarially equivalent basis from the accumulated
normal |
3 | | contributions made by the participant under Section |
4 | | 15-113.6 and Section
15-113.7 plus 1.4 times all other |
5 | | accumulated normal contributions made by
the participant; |
6 | | and
|
7 | | (iii) the annuity that can be provided on an |
8 | | actuarially equivalent basis
from the entire contribution |
9 | | made by the participant under Section 15-113.3.
|
10 | | For the purpose of calculating an annuity under this Rule |
11 | | 2, the contribution required under subsection (c-5) of Section |
12 | | 15-157 shall not be considered when determining the |
13 | | participant's accumulated normal contributions under clause |
14 | | (i) or the employer contribution under clause (ii). |
15 | | With respect to a police officer or firefighter who retires |
16 | | on or after
August 14, 1998, the accumulated normal |
17 | | contributions taken into account under
clauses (i) and (ii) of |
18 | | this Rule 2 shall include the additional normal
contributions |
19 | | made by the police officer or firefighter under Section
|
20 | | 15-157(a).
|
21 | | The amount of a retirement annuity calculated under this |
22 | | Rule 2 shall
be computed solely on the basis of the |
23 | | participant's accumulated normal
contributions, as specified |
24 | | in this Rule and defined in Section 15-116.
Neither an employee |
25 | | or employer contribution for early retirement under
Section |
26 | | 15-136.2 nor any other employer contribution shall be used in |
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1 | | the
calculation of the amount of a retirement annuity under |
2 | | this Rule 2.
|
3 | | This amendatory Act of the 91st General Assembly is a |
4 | | clarification of
existing law and applies to every participant |
5 | | and annuitant without regard to
whether status as an employee |
6 | | terminates before the effective date of this
amendatory Act.
|
7 | | This Rule 2 does not apply to a person who first becomes an |
8 | | employee under this Article on or after July 1, 2005.
|
9 | | Rule 3: The retirement annuity of a participant who is |
10 | | employed
at least one-half time during the period on which his |
11 | | or her final rate of
earnings is based, shall be equal to the |
12 | | participant's years of service
not to exceed 30, multiplied by |
13 | | (1) $96 if the participant's final rate
of earnings is less |
14 | | than $3,500, (2) $108 if the final rate of earnings is
at least |
15 | | $3,500 but less than $4,500, (3) $120 if the final rate of |
16 | | earnings
is at least $4,500 but less than $5,500, (4) $132 if |
17 | | the final rate
of earnings is at least $5,500 but less than |
18 | | $6,500, (5)
$144 if the final rate of earnings is at least |
19 | | $6,500 but less than
$7,500, (6) $156 if the final rate of |
20 | | earnings is at least $7,500 but less
than $8,500, (7) $168 if |
21 | | the final rate of earnings is at least $8,500 but
less than |
22 | | $9,500, and (8) $180 if the final rate of earnings is $9,500 or
|
23 | | more, except that the annuity for those persons having made an |
24 | | election under
Section 15-154(a-1) shall be calculated and |
25 | | payable under the portable
retirement benefit program pursuant |
26 | | to the provisions of Section 15-136.4.
|
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1 | | Rule 4: A participant who is at least age 50 and has 25 or |
2 | | more years of
service as a police officer or firefighter, and a |
3 | | participant who is age 55 or
over and has at least 20 but less |
4 | | than 25 years of service as a police officer
or firefighter, |
5 | | shall be entitled to a retirement annuity of 2 1/4% of the
|
6 | | final rate of earnings for each of the first 10 years of |
7 | | service as a police
officer or firefighter, 2 1/2% for each of |
8 | | the next 10 years of service as a
police officer or |
9 | | firefighter, and 2 3/4% for each year of service as a police
|
10 | | officer or firefighter in excess of 20. The retirement annuity |
11 | | for all other
service shall be computed under Rule 1.
|
12 | | For purposes of this Rule 4, a participant's service as a |
13 | | firefighter
shall also include the following:
|
14 | | (i) service that is performed while the person is an |
15 | | employee under
subsection (h) of Section 15-107; and
|
16 | | (ii) in the case of an individual who was a |
17 | | participating employee
employed in the fire department of |
18 | | the University of Illinois's
Champaign-Urbana campus |
19 | | immediately prior to the elimination of that fire
|
20 | | department and who immediately after the elimination of |
21 | | that fire department
transferred to another job with the |
22 | | University of Illinois, service performed
as an employee of |
23 | | the University of Illinois in a position other than police
|
24 | | officer or firefighter, from the date of that transfer |
25 | | until the employee's
next termination of service with the |
26 | | University of Illinois.
|
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1 | | Rule 5: The retirement annuity of a participant who elected |
2 | | early
retirement under the provisions of Section 15-136.2 and |
3 | | who, on or before
February 16, 1995, brought administrative |
4 | | proceedings pursuant to the
administrative rules adopted by the |
5 | | System to challenge the calculation of his
or her retirement |
6 | | annuity shall be the sum of the following, determined from
|
7 | | amounts credited to the participant in accordance with the |
8 | | actuarial tables and
the prescribed rate of interest in effect |
9 | | at the time the retirement annuity
begins:
|
10 | | (i) the normal annuity which can be provided on an |
11 | | actuarially equivalent
basis, by the accumulated normal |
12 | | contributions as of the date the annuity
begins; and
|
13 | | (ii) an annuity from employer contributions of an |
14 | | amount equal to that
which can be provided on an |
15 | | actuarially equivalent basis from the accumulated
normal |
16 | | contributions made by the participant under Section |
17 | | 15-113.6 and Section
15-113.7 plus 1.4 times all other |
18 | | accumulated normal contributions made by the
participant; |
19 | | and
|
20 | | (iii) an annuity which can be provided on an |
21 | | actuarially equivalent basis
from the employee |
22 | | contribution for early retirement under Section 15-136.2, |
23 | | and
an annuity from employer contributions of an amount |
24 | | equal to that which can be
provided on an actuarially |
25 | | equivalent basis from the employee contribution for
early |
26 | | retirement under Section 15-136.2.
|
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1 | | In no event shall a retirement annuity under this Rule 5 be |
2 | | lower than the
amount obtained by adding (1) the monthly amount |
3 | | obtained by dividing the
combined employee and employer |
4 | | contributions made under Section 15-136.2 by the
System's |
5 | | annuity factor for the age of the participant at the beginning |
6 | | of the
annuity payment period and (2) the amount equal to the |
7 | | participant's annuity if
calculated under Rule 1, reduced under |
8 | | Section 15-136(b) as if no
contributions had been made under |
9 | | Section 15-136.2.
|
10 | | With respect to a participant who is qualified for a |
11 | | retirement annuity under
this Rule 5 whose retirement annuity |
12 | | began before the effective date of this
amendatory Act of the |
13 | | 91st General Assembly, and for whom an employee
contribution |
14 | | was made under Section 15-136.2, the System shall recalculate |
15 | | the
retirement annuity under this Rule 5 and shall pay any |
16 | | additional amounts due
in the manner provided in Section |
17 | | 15-186.1 for benefits mistakenly set too low.
|
18 | | The amount of a retirement annuity calculated under this |
19 | | Rule 5 shall be
computed solely on the basis of those |
20 | | contributions specifically set forth in
this Rule 5. Except as |
21 | | provided in clause (iii) of this Rule 5, neither an
employee |
22 | | nor employer contribution for early retirement under Section |
23 | | 15-136.2,
nor any other employer contribution, shall be used in |
24 | | the calculation of the
amount of a retirement annuity under |
25 | | this Rule 5.
|
26 | | The General Assembly has adopted the changes set forth in |
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1 | | Section 25 of this
amendatory Act of the 91st General Assembly |
2 | | in recognition that the decision of
the Appellate Court for the |
3 | | Fourth District in Mattis v. State Universities
Retirement |
4 | | System et al. might be deemed to give some right to the |
5 | | plaintiff in
that case. The changes made by Section 25 of this |
6 | | amendatory Act of the 91st
General Assembly are a legislative |
7 | | implementation of the decision of the
Appellate Court for the |
8 | | Fourth District in Mattis v. State Universities
Retirement |
9 | | System et al. with respect to that plaintiff.
|
10 | | The changes made by Section 25 of this amendatory Act of |
11 | | the 91st General
Assembly apply without regard to whether the |
12 | | person is in service as an
employee on or after its effective |
13 | | date.
|
14 | | (b) The retirement annuity provided under Rules 1 and 3 |
15 | | above shall be
reduced by 1/2 of 1% for each month the |
16 | | participant is under age 60 at the
time of retirement. However, |
17 | | this reduction shall not apply in the following
cases:
|
18 | | (1) For a disabled participant whose disability |
19 | | benefits have been
discontinued because he or she has |
20 | | exhausted eligibility for disability
benefits under clause |
21 | | (6) of Section 15-152;
|
22 | | (2) For a participant who has at least the number of |
23 | | years of service
required to retire at any age under |
24 | | subsection (a) of Section 15-135; or
|
25 | | (3) For that portion of a retirement annuity which has |
26 | | been provided on
account of service of the participant |
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1 | | during periods when he or she performed
the duties of a |
2 | | police officer or firefighter, if these duties were |
3 | | performed
for at least 5 years immediately preceding the |
4 | | date the retirement annuity
is to begin.
|
5 | | (c) The maximum retirement annuity provided under Rules 1, |
6 | | 2, 4,
and 5
shall be the lesser of (1) the annual limit of |
7 | | benefits as specified in
Section 415 of the Internal Revenue |
8 | | Code of 1986, as such Section may be
amended from time to time |
9 | | and as such benefit limits shall be adjusted by
the |
10 | | Commissioner of Internal Revenue, and (2) 80% of final rate of
|
11 | | earnings.
|
12 | | (d) Subject to the provisions of subsections (d-1) and |
13 | | (d-2), an An annuitant whose status as an employee terminates |
14 | | after August 14,
1969 shall receive automatic increases in his |
15 | | or her retirement annuity as
follows:
|
16 | | Effective January 1 immediately following the date the |
17 | | retirement annuity
begins, the annuitant shall receive an |
18 | | increase in his or her monthly
retirement annuity of 0.125% of |
19 | | the monthly retirement annuity provided under
Rule 1, Rule 2, |
20 | | Rule 3, Rule 4, or Rule 5, contained in this
Section, |
21 | | multiplied by
the number of full months which elapsed from the |
22 | | date the retirement annuity
payments began to January 1, 1972, |
23 | | plus 0.1667% of such annuity, multiplied by
the number of full |
24 | | months which elapsed from January 1, 1972, or the date the
|
25 | | retirement annuity payments began, whichever is later, to |
26 | | January 1, 1978, plus
0.25% of such annuity multiplied by the |
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1 | | number of full months which elapsed
from January 1, 1978, or |
2 | | the date the retirement annuity payments began,
whichever is |
3 | | later, to the effective date of the increase.
|
4 | | The annuitant shall receive an increase in his or her |
5 | | monthly retirement
annuity on each January 1 thereafter during |
6 | | the annuitant's life of 3% of
the monthly annuity provided |
7 | | under Rule 1, Rule 2, Rule 3, Rule 4, or
Rule 5 contained
in |
8 | | this Section. The change made under this subsection by P.A. |
9 | | 81-970 is
effective January 1, 1980 and applies to each |
10 | | annuitant whose status as
an employee terminates before or |
11 | | after that date.
|
12 | | Beginning January 1, 1990 and except as provided in |
13 | | subsections (d-1) and (d-2) , all automatic annual increases |
14 | | payable under
this Section shall be calculated as a percentage |
15 | | of the total annuity
payable at the time of the increase, |
16 | | including all increases previously
granted under this Article.
|
17 | | The change made in this subsection by P.A. 85-1008 is |
18 | | effective January
26, 1988, and is applicable without regard to |
19 | | whether status as an employee
terminated before that date.
|
20 | | (d-1) Notwithstanding any other provision of this Article, |
21 | | for a Tier I retiree, the amount of each automatic annual |
22 | | increase in retirement annuity occurring on or after the |
23 | | effective date of this amendatory Act of the 98th General |
24 | | Assembly shall be 3% of the lesser of (1) the total annuity
|
25 | | payable at the time of the increase, including previous
|
26 | | increases granted, or (2) $1,000 multiplied by the number of |
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1 | | years of creditable service upon which the annuity is based. |
2 | | (d-2) Notwithstanding any other provision of this Article, |
3 | | for a Tier I retiree, the monthly retirement annuity shall |
4 | | first be subject to annual increases on the January 1 occurring |
5 | | on or next after the attainment of age 67 or the January 1 |
6 | | occurring on or next after the fifth anniversary of the annuity |
7 | | start date, whichever occurs earlier. If on the effective date |
8 | | of this amendatory Act of the 98th General Assembly a Tier I |
9 | | retiree has already received an annual increase under this |
10 | | Section but does not yet meet the new eligibility requirements |
11 | | of this subsection, the annual increases already received shall |
12 | | continue in force, but no additional annual increase shall be |
13 | | granted until the Tier I retiree meets the new eligibility |
14 | | requirements. |
15 | | (d-3) Notwithstanding Section 1-103.1, subsections (d-1) |
16 | | and (d-2) apply without regard to whether or not the Tier I |
17 | | retiree is in active service under this Article on or after the |
18 | | effective date of this amendatory Act of the 98th General |
19 | | Assembly. |
20 | | (e) If, on January 1, 1987, or the date the retirement |
21 | | annuity payment
period begins, whichever is later, the sum of |
22 | | the retirement annuity
provided under Rule 1 or Rule 2 of this |
23 | | Section
and the automatic annual increases provided under the |
24 | | preceding subsection
or Section 15-136.1, amounts to less than |
25 | | the retirement
annuity which would be provided by Rule 3, the |
26 | | retirement
annuity shall be increased as of January 1, 1987, or |
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1 | | the date the
retirement annuity payment period begins, |
2 | | whichever is later, to the amount
which would be provided by |
3 | | Rule 3 of this Section. Such increased
amount shall be |
4 | | considered as the retirement annuity in determining
benefits |
5 | | provided under other Sections of this Article. This paragraph
|
6 | | applies without regard to whether status as an employee |
7 | | terminated before the
effective date of this amendatory Act of |
8 | | 1987, provided that the annuitant was
employed at least |
9 | | one-half time during the period on which the final rate of
|
10 | | earnings was based.
|
11 | | (f) A participant is entitled to such additional annuity as |
12 | | may be provided
on an actuarially equivalent basis, by any |
13 | | accumulated
additional contributions to his or her credit. |
14 | | However,
the additional contributions made by the participant |
15 | | toward the automatic
increases in annuity provided under this |
16 | | Section and the contributions made under subsection (c-5) of |
17 | | Section 15-157 by this amendatory Act of the 98th General |
18 | | Assembly shall not be taken into
account in determining the |
19 | | amount of such additional annuity.
|
20 | | (g) If, (1) by law, a function of a governmental unit, as |
21 | | defined by Section
20-107 of this Code, is transferred in whole |
22 | | or in part to an employer, and (2)
a participant transfers |
23 | | employment from such governmental unit to such employer
within |
24 | | 6 months after the transfer of the function, and (3) the sum of |
25 | | (A) the
annuity payable to the participant under Rule 1, 2, or |
26 | | 3 of this Section (B)
all proportional annuities payable to the |
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1 | | participant by all other retirement
systems covered by Article |
2 | | 20, and (C) the initial primary insurance amount to
which the |
3 | | participant is entitled under the Social Security Act, is less |
4 | | than
the retirement annuity which would have been payable if |
5 | | all of the
participant's pension credits validated under |
6 | | Section 20-109 had been validated
under this system, a |
7 | | supplemental annuity equal to the difference in such
amounts |
8 | | shall be payable to the participant.
|
9 | | (h) On January 1, 1981, an annuitant who was receiving
a |
10 | | retirement annuity on or before January 1, 1971 shall have his |
11 | | or her
retirement annuity then being paid increased $1 per |
12 | | month for
each year of creditable service. On January 1, 1982, |
13 | | an annuitant whose
retirement annuity began on or before |
14 | | January 1, 1977, shall have his or her
retirement annuity then |
15 | | being paid increased $1 per month for each year of
creditable |
16 | | service.
|
17 | | (i) On January 1, 1987, any annuitant whose retirement |
18 | | annuity began on or
before January 1, 1977, shall have the |
19 | | monthly retirement annuity increased by
an amount equal to 8¢ |
20 | | per year of creditable service times the number of years
that |
21 | | have elapsed since the annuity began.
|
22 | | (j) For participants to whom subsection (a-5) of Section |
23 | | 15-135 applies, the references to age 50, 55, and 62 in this |
24 | | Section are increased as provided in subsection (a-5) of |
25 | | Section 15-135. |
26 | | (Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12.)
|
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1 | | (40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
|
2 | | Sec. 15-155. Employer contributions.
|
3 | | (a) The State of Illinois shall make contributions by |
4 | | appropriations of
amounts which, together with the other |
5 | | employer contributions from trust,
federal, and other funds, |
6 | | employee contributions, income from investments,
and other |
7 | | income of this System, will be sufficient to meet the cost of
|
8 | | maintaining and administering the System on a 100% 90% funded |
9 | | basis in accordance
with actuarial recommendations by the end |
10 | | of State fiscal year 2044 .
|
11 | | The Board shall determine the amount of State contributions |
12 | | required for
each fiscal year on the basis of the actuarial |
13 | | tables and other assumptions
adopted by the Board and the |
14 | | recommendations of the actuary, using the formula
in subsection |
15 | | (a-1).
|
16 | | (a-1) For State fiscal years 2015 through 2044, the minimum |
17 | | contribution
to the System to be made by the State for each |
18 | | fiscal year shall be an amount
determined by the System to be |
19 | | equal to the sum of (1) the State's portion of the projected |
20 | | normal cost for that fiscal year, plus (2) an amount sufficient |
21 | | to bring the total assets of the
System up to 100% of the total |
22 | | actuarial liabilities of the System by the end of
State fiscal |
23 | | year 2044. In making these determinations, the required State
|
24 | | contribution shall be calculated each year as a level |
25 | | percentage of payroll
over the years remaining to and including |
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1 | | fiscal year 2044 and shall be
determined under the entry age |
2 | | normal actuarial cost method. |
3 | | Beginning in State fiscal year 2045, the minimum State |
4 | | contribution for each fiscal year shall be the amount needed to |
5 | | maintain the total assets of the System at 100% of the total |
6 | | actuarial liabilities of the System. |
7 | | For State fiscal years 2012 and 2014 through 2045 , the |
8 | | minimum contribution
to the System to be made by the State for |
9 | | each fiscal year shall be an amount
determined by the System to |
10 | | be sufficient to bring the total assets of the
System up to 90% |
11 | | of the total actuarial liabilities of the System by the end of
|
12 | | State fiscal year 2045. In making these determinations, the |
13 | | required State
contribution shall be calculated each year as a |
14 | | level percentage of payroll
over the years remaining to and |
15 | | including fiscal year 2045 and shall be
determined under the |
16 | | projected unit credit actuarial cost method.
|
17 | | For State fiscal years 1996 through 2005, the State |
18 | | contribution to
the System, as a percentage of the applicable |
19 | | employee payroll, shall be
increased in equal annual increments |
20 | | so that by State fiscal year 2011, the
State is contributing at |
21 | | the rate required under this Section.
|
22 | | Notwithstanding any other provision of this Article, the |
23 | | total required State
contribution for State fiscal year 2006 is |
24 | | $166,641,900.
|
25 | | Notwithstanding any other provision of this Article, the |
26 | | total required State
contribution for State fiscal year 2007 is |
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1 | | $252,064,100.
|
2 | | For each of State fiscal years 2008 through 2009, the State |
3 | | contribution to
the System, as a percentage of the applicable |
4 | | employee payroll, shall be
increased in equal annual increments |
5 | | from the required State contribution for State fiscal year |
6 | | 2007, so that by State fiscal year 2011, the
State is |
7 | | contributing at the rate otherwise required under this Section.
|
8 | | Notwithstanding any other provision of this Article, the |
9 | | total required State contribution for State fiscal year 2010 is |
10 | | $702,514,000 and shall be made from the State Pensions Fund and |
11 | | proceeds of bonds sold in fiscal year 2010 pursuant to Section |
12 | | 7.2 of the General Obligation Bond Act, less (i) the pro rata |
13 | | share of bond sale expenses determined by the System's share of |
14 | | total bond proceeds, (ii) any amounts received from the General |
15 | | Revenue Fund in fiscal year 2010, (iii) any reduction in bond |
16 | | proceeds due to the issuance of discounted bonds, if |
17 | | applicable. |
18 | | Notwithstanding any other provision of this Article, the
|
19 | | total required State contribution for State fiscal year 2011 is
|
20 | | the amount recertified by the System on or before April 1, 2011 |
21 | | pursuant to Section 15-165 and shall be made from the State |
22 | | Pensions Fund and
proceeds of bonds sold in fiscal year 2011 |
23 | | pursuant to Section
7.2 of the General Obligation Bond Act, |
24 | | less (i) the pro rata
share of bond sale expenses determined by |
25 | | the System's share of
total bond proceeds, (ii) any amounts |
26 | | received from the General
Revenue Fund in fiscal year 2011, and |
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1 | | (iii) any reduction in bond
proceeds due to the issuance of |
2 | | discounted bonds, if
applicable. |
3 | | Beginning in State fiscal year 2046, the minimum State |
4 | | contribution for
each fiscal year shall be the amount needed to |
5 | | maintain the total assets of
the System at 90% of the total |
6 | | actuarial liabilities of the System.
|
7 | | Amounts received by the System pursuant to Section 25 of |
8 | | the Budget Stabilization Act or Section 8.12 of the State |
9 | | Finance Act in any fiscal year do not reduce and do not |
10 | | constitute payment of any portion of the minimum State |
11 | | contribution required under this Article in that fiscal year. |
12 | | Such amounts shall not reduce, and shall not be included in the |
13 | | calculation of, the required State contributions under this |
14 | | Article in any future year until the System has reached a |
15 | | funding ratio of at least 100% 90% . A reference in this Article |
16 | | to the "required State contribution" or any substantially |
17 | | similar term does not include or apply to any amounts payable |
18 | | to the System under Section 25 of the Budget Stabilization Act. |
19 | | Notwithstanding any other provision of this Section, the |
20 | | required State
contribution for State fiscal year 2005 and for |
21 | | fiscal year 2008 and each fiscal year thereafter through State |
22 | | fiscal year 2014 , as
calculated under this Section and
|
23 | | certified under Section 15-165, shall not exceed an amount |
24 | | equal to (i) the
amount of the required State contribution that |
25 | | would have been calculated under
this Section for that fiscal |
26 | | year if the System had not received any payments
under |
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1 | | subsection (d) of Section 7.2 of the General Obligation Bond |
2 | | Act, minus
(ii) the portion of the State's total debt service |
3 | | payments for that fiscal
year on the bonds issued in fiscal |
4 | | year 2003 for the purposes of that Section 7.2, as determined
|
5 | | and certified by the Comptroller, that is the same as the |
6 | | System's portion of
the total moneys distributed under |
7 | | subsection (d) of Section 7.2 of the General
Obligation Bond |
8 | | Act. In determining this maximum for State fiscal years 2008 |
9 | | through 2010, however, the amount referred to in item (i) shall |
10 | | be increased, as a percentage of the applicable employee |
11 | | payroll, in equal increments calculated from the sum of the |
12 | | required State contribution for State fiscal year 2007 plus the |
13 | | applicable portion of the State's total debt service payments |
14 | | for fiscal year 2007 on the bonds issued in fiscal year 2003 |
15 | | for the purposes of Section 7.2 of the General
Obligation Bond |
16 | | Act, so that, by State fiscal year 2011, the
State is |
17 | | contributing at the rate otherwise required under this Section.
|
18 | | (b) If an employee is paid from trust or federal funds, the |
19 | | employer
shall pay to the Board contributions from those funds |
20 | | which are
sufficient to cover the accruing normal costs on |
21 | | behalf of the employee.
However, universities having employees |
22 | | who are compensated out of local
auxiliary funds, income funds, |
23 | | or service enterprise funds are not required
to pay such |
24 | | contributions on behalf of those employees. The local auxiliary
|
25 | | funds, income funds, and service enterprise funds of |
26 | | universities shall not be
considered trust funds for the |
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1 | | purpose of this Article, but funds of alumni
associations, |
2 | | foundations, and athletic associations which are affiliated |
3 | | with
the universities included as employers under this Article |
4 | | and other employers
which do not receive State appropriations |
5 | | are considered to be trust funds for
the purpose of this |
6 | | Article.
|
7 | | (b-1) The City of Urbana and the City of Champaign shall |
8 | | each make
employer contributions to this System for their |
9 | | respective firefighter
employees who participate in this |
10 | | System pursuant to subsection (h) of Section
15-107. The rate |
11 | | of contributions to be made by those municipalities shall
be |
12 | | determined annually by the Board on the basis of the actuarial |
13 | | assumptions
adopted by the Board and the recommendations of the |
14 | | actuary, and shall be
expressed as a percentage of salary for |
15 | | each such employee. The Board shall
certify the rate to the |
16 | | affected municipalities as soon as may be practical.
The |
17 | | employer contributions required under this subsection shall be |
18 | | remitted by
the municipality to the System at the same time and |
19 | | in the same manner as
employee contributions.
|
20 | | (c) Through State fiscal year 1995: The total employer |
21 | | contribution shall
be apportioned among the various funds of |
22 | | the State and other employers,
whether trust, federal, or other |
23 | | funds, in accordance with actuarial procedures
approved by the |
24 | | Board. State of Illinois contributions for employers receiving
|
25 | | State appropriations for personal services shall be payable |
26 | | from appropriations
made to the employers or to the System. The |
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1 | | contributions for Class I
community colleges covering earnings |
2 | | other than those paid from trust and
federal funds, shall be |
3 | | payable solely from appropriations to the Illinois
Community |
4 | | College Board or the System for employer contributions.
|
5 | | (d) Beginning in State fiscal year 1996, the required State |
6 | | contributions
to the System shall be appropriated directly to |
7 | | the System and shall be payable
through vouchers issued in |
8 | | accordance with subsection (c) of Section 15-165, except as |
9 | | provided in subsection (g).
|
10 | | (e) The State Comptroller shall draw warrants payable to |
11 | | the System upon
proper certification by the System or by the |
12 | | employer in accordance with the
appropriation laws and this |
13 | | Code.
|
14 | | (f) Normal costs under this Section means liability for
|
15 | | pensions and other benefits which accrues to the System because |
16 | | of the
credits earned for service rendered by the participants |
17 | | during the
fiscal year and expenses of administering the |
18 | | System, but shall not
include the principal of or any |
19 | | redemption premium or interest on any bonds
issued by the Board |
20 | | or any expenses incurred or deposits required in
connection |
21 | | therewith.
|
22 | | (g) If the amount of a participant's earnings for any |
23 | | academic year used to determine the final rate of earnings, |
24 | | determined on a full-time equivalent basis, exceeds the amount |
25 | | of his or her earnings with the same employer for the previous |
26 | | academic year, determined on a full-time equivalent basis, by |
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1 | | more than 6%, the participant's employer shall pay to the |
2 | | System, in addition to all other payments required under this |
3 | | Section and in accordance with guidelines established by the |
4 | | System, the present value of the increase in benefits resulting |
5 | | from the portion of the increase in earnings that is in excess |
6 | | of 6%. This present value shall be computed by the System on |
7 | | the basis of the actuarial assumptions and tables used in the |
8 | | most recent actuarial valuation of the System that is available |
9 | | at the time of the computation. The System may require the |
10 | | employer to provide any pertinent information or |
11 | | documentation. |
12 | | Whenever it determines that a payment is or may be required |
13 | | under this subsection (g), the System shall calculate the |
14 | | amount of the payment and bill the employer for that amount. |
15 | | The bill shall specify the calculations used to determine the |
16 | | amount due. If the employer disputes the amount of the bill, it |
17 | | may, within 30 days after receipt of the bill, apply to the |
18 | | System in writing for a recalculation. The application must |
19 | | specify in detail the grounds of the dispute and, if the |
20 | | employer asserts that the calculation is subject to subsection |
21 | | (h) or (i) of this Section, must include an affidavit setting |
22 | | forth and attesting to all facts within the employer's |
23 | | knowledge that are pertinent to the applicability of subsection |
24 | | (h) or (i). Upon receiving a timely application for |
25 | | recalculation, the System shall review the application and, if |
26 | | appropriate, recalculate the amount due.
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1 | | The employer contributions required under this subsection |
2 | | (g) (f) may be paid in the form of a lump sum within 90 days |
3 | | after receipt of the bill. If the employer contributions are |
4 | | not paid within 90 days after receipt of the bill, then |
5 | | interest will be charged at a rate equal to the System's annual |
6 | | actuarially assumed rate of return on investment compounded |
7 | | annually from the 91st day after receipt of the bill. Payments |
8 | | must be concluded within 3 years after the employer's receipt |
9 | | of the bill. |
10 | | (h) This subsection (h) applies only to payments made or |
11 | | salary increases given on or after June 1, 2005 but before July |
12 | | 1, 2011. The changes made by Public Act 94-1057 shall not |
13 | | require the System to refund any payments received before July |
14 | | 31, 2006 (the effective date of Public Act 94-1057). |
15 | | When assessing payment for any amount due under subsection |
16 | | (g), the System shall exclude earnings increases paid to |
17 | | participants under contracts or collective bargaining |
18 | | agreements entered into, amended, or renewed before June 1, |
19 | | 2005.
|
20 | | When assessing payment for any amount due under subsection |
21 | | (g), the System shall exclude earnings increases paid to a |
22 | | participant at a time when the participant is 10 or more years |
23 | | from retirement eligibility under Section 15-135.
|
24 | | When assessing payment for any amount due under subsection |
25 | | (g), the System shall exclude earnings increases resulting from |
26 | | overload work, including a contract for summer teaching, or |
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1 | | overtime when the employer has certified to the System, and the |
2 | | System has approved the certification, that: (i) in the case of |
3 | | overloads (A) the overload work is for the sole purpose of |
4 | | academic instruction in excess of the standard number of |
5 | | instruction hours for a full-time employee occurring during the |
6 | | academic year that the overload is paid and (B) the earnings |
7 | | increases are equal to or less than the rate of pay for |
8 | | academic instruction computed using the participant's current |
9 | | salary rate and work schedule; and (ii) in the case of |
10 | | overtime, the overtime was necessary for the educational |
11 | | mission. |
12 | | When assessing payment for any amount due under subsection |
13 | | (g), the System shall exclude any earnings increase resulting |
14 | | from (i) a promotion for which the employee moves from one |
15 | | classification to a higher classification under the State |
16 | | Universities Civil Service System, (ii) a promotion in academic |
17 | | rank for a tenured or tenure-track faculty position, or (iii) a |
18 | | promotion that the Illinois Community College Board has |
19 | | recommended in accordance with subsection (k) of this Section. |
20 | | These earnings increases shall be excluded only if the |
21 | | promotion is to a position that has existed and been filled by |
22 | | a member for no less than one complete academic year and the |
23 | | earnings increase as a result of the promotion is an increase |
24 | | that results in an amount no greater than the average salary |
25 | | paid for other similar positions. |
26 | | (i) When assessing payment for any amount due under |
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1 | | subsection (g), the System shall exclude any salary increase |
2 | | described in subsection (h) of this Section given on or after |
3 | | July 1, 2011 but before July 1, 2014 under a contract or |
4 | | collective bargaining agreement entered into, amended, or |
5 | | renewed on or after June 1, 2005 but before July 1, 2011. |
6 | | Notwithstanding any other provision of this Section, any |
7 | | payments made or salary increases given after June 30, 2014 |
8 | | shall be used in assessing payment for any amount due under |
9 | | subsection (g) of this Section.
|
10 | | (j) The System shall prepare a report and file copies of |
11 | | the report with the Governor and the General Assembly by |
12 | | January 1, 2007 that contains all of the following information: |
13 | | (1) The number of recalculations required by the |
14 | | changes made to this Section by Public Act 94-1057 for each |
15 | | employer. |
16 | | (2) The dollar amount by which each employer's |
17 | | contribution to the System was changed due to |
18 | | recalculations required by Public Act 94-1057. |
19 | | (3) The total amount the System received from each |
20 | | employer as a result of the changes made to this Section by |
21 | | Public Act 94-4. |
22 | | (4) The increase in the required State contribution |
23 | | resulting from the changes made to this Section by Public |
24 | | Act 94-1057. |
25 | | (k) The Illinois Community College Board shall adopt rules |
26 | | for recommending lists of promotional positions submitted to |
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1 | | the Board by community colleges and for reviewing the |
2 | | promotional lists on an annual basis. When recommending |
3 | | promotional lists, the Board shall consider the similarity of |
4 | | the positions submitted to those positions recognized for State |
5 | | universities by the State Universities Civil Service System. |
6 | | The Illinois Community College Board shall file a copy of its |
7 | | findings with the System. The System shall consider the |
8 | | findings of the Illinois Community College Board when making |
9 | | determinations under this Section. The System shall not exclude |
10 | | any earnings increases resulting from a promotion when the |
11 | | promotion was not submitted by a community college. Nothing in |
12 | | this subsection (k) shall require any community college to |
13 | | submit any information to the Community College Board.
|
14 | | (l) For purposes of determining the required State |
15 | | contribution to the System, the value of the System's assets |
16 | | shall be equal to the actuarial value of the System's assets, |
17 | | which shall be calculated as follows: |
18 | | As of June 30, 2008, the actuarial value of the System's |
19 | | assets shall be equal to the market value of the assets as of |
20 | | that date. In determining the actuarial value of the System's |
21 | | assets for fiscal years after June 30, 2008, any actuarial |
22 | | gains or losses from investment return incurred in a fiscal |
23 | | year shall be recognized in equal annual amounts over the |
24 | | 5-year period following that fiscal year. |
25 | | (m) For purposes of determining the required State |
26 | | contribution to the system for a particular year, the actuarial |
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1 | | value of assets shall be assumed to earn a rate of return equal |
2 | | to the system's actuarially assumed rate of return. |
3 | | (Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; |
4 | | 96-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-813, eff. |
5 | | 7-13-12; revised 10-17-12.)
|
6 | | (40 ILCS 5/15-156) (from Ch. 108 1/2, par. 15-156)
|
7 | | Sec. 15-156. Obligations of State ; funding guarantees . |
8 | | (a) The payment of (1) the
required State contributions, |
9 | | (2) all benefits
granted under this system and (3) all expenses |
10 | | in connection with the
administration and operation thereof are |
11 | | obligations of the State of
Illinois to the extent specified in |
12 | | this Article. The accumulated
employee normal, additional and |
13 | | survivors insurance contributions
credited to the accounts of |
14 | | active and inactive participants
shall not be used to pay the |
15 | | State's share of the obligations.
|
16 | | (b) (Reserved). |
17 | | (c) Beginning July 1, 2013, the State shall be |
18 | | contractually obligated to contribute to the System in each |
19 | | State fiscal year an amount not less than the sum of (i) the |
20 | | State's normal cost for the year and (ii) the portion of the |
21 | | unfunded accrued liability assigned to that year by law. |
22 | | Notwithstanding any other provision of law, if the State fails |
23 | | to pay an amount guaranteed under this subsection, it shall be |
24 | | the mandatory fiduciary obligation of the Board to seek payment |
25 | | of the guaranteed amount in compliance with the provisions of |
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1 | | this Section and, if the amount remains unpaid, to bring a |
2 | | mandamus action in the Supreme Court of Illinois to compel the |
3 | | State to make the required payment. |
4 | | If the System submits a voucher for contributions required |
5 | | under Section 15-155 and the State fails to pay that voucher |
6 | | within 90 days of its receipt, the Board shall submit a written |
7 | | request to the Comptroller seeking payment. A copy of the |
8 | | request shall be filed with the Secretary of State, and the |
9 | | Secretary of State shall provide a copy to the Governor and |
10 | | General Assembly. No earlier than the 16th day after the System |
11 | | files the request with the Comptroller and Secretary of State, |
12 | | if the amount remains unpaid the Board shall commence a |
13 | | mandamus action in the Supreme Court of Illinois to compel the |
14 | | Comptroller to satisfy the voucher. |
15 | | This subsection (c) constitutes an express waiver of the |
16 | | State's sovereign immunity solely to the extent that it permits |
17 | | the Board to commence a mandamus action in the Supreme Court of |
18 | | Illinois to compel the Comptroller to pay a voucher for the |
19 | | contributions required under Section 15-155. |
20 | | (d) Beginning in State fiscal year 2020, the State shall be |
21 | | contractually obligated to make the transfers set forth in |
22 | | subsections (c-10) and (c-15) of Section 20 of the Budget |
23 | | Stabilization Act and to pay to the System its proportionate |
24 | | share of the transferred amounts in accordance with Section 25 |
25 | | of the Budget Stabilization Act. Notwithstanding any other |
26 | | provision of law, if the State fails to transfer an amount |
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1 | | guaranteed under this subsection or to pay to the System its |
2 | | proportionate share of the transferred amount in accordance |
3 | | with Section 25 of the Budget Stabilization Act, it shall be |
4 | | the mandatory fiduciary obligation of the Board to seek |
5 | | transfer or payment of the guaranteed amount in compliance with |
6 | | the provisions of this Section and, if the required amount |
7 | | remains untransferred or the required payment remains unpaid, |
8 | | to bring a mandamus action in the Supreme Court of Illinois to |
9 | | compel the State to make the required transfer or payment or |
10 | | both, as the case may be. |
11 | | If the State fails to make a transfer required under |
12 | | subsections (c-10) and (c-15) of Section 20 of the Budget |
13 | | Stabilization Act or a payment to the System required under |
14 | | Section 25 of that Act, the Board shall submit a written |
15 | | request to the Comptroller seeking payment. A copy of the |
16 | | request shall be filed with the Secretary of State, and the |
17 | | Secretary of State shall provide a copy to the Governor and |
18 | | General Assembly. No earlier than the 16th day after the System |
19 | | files the request with the Comptroller and Secretary of State, |
20 | | if the required amount remains untransferred or the required |
21 | | payment remains unpaid, the Board shall commence a mandamus |
22 | | action in the Supreme Court of Illinois to compel the |
23 | | Comptroller to make the required transfer or payment or both, |
24 | | as the case may be. |
25 | | This subsection (d) constitutes an express waiver of the |
26 | | State's sovereign immunity solely to the extent that it permits |
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1 | | the Board to commence a mandamus action in the Supreme Court of |
2 | | Illinois to compel the Comptroller to make a transfer required |
3 | | under subsections (c-10) and (c-15) of Section 20 of the Budget |
4 | | Stabilization Act and to pay to the System its proportionate |
5 | | share of the transferred amount in accordance with Section 25 |
6 | | of the Budget Stabilization Act. |
7 | | The obligations created by this subsection (d) expire when |
8 | | all of the requirements of subsections (c-10) and (c-15) of |
9 | | Section 20 of the Budget Stabilization Act and Section 25 of |
10 | | the Budget Stabilization Act have been met. |
11 | | (e) Any payments and transfers required to be made by the |
12 | | State pursuant to subsection (c) or (d) are expressly |
13 | | subordinate to the payment of the principal, interest, and |
14 | | premium, if any, on any bonded debt obligation of the State or |
15 | | any other State-created entity, either currently outstanding |
16 | | or to be issued, for which the source of repayment or security |
17 | | thereon is derived directly or indirectly from tax revenues |
18 | | collected by the State or any other State-created entity. |
19 | | Payments on such bonded obligations includes any statutory fund |
20 | | transfers or other prefunding mechanisms or formulas set forth, |
21 | | now or hereafter, in State law or bond indentures, into debt |
22 | | service funds or accounts of the State related to such bond |
23 | | obligations, consistent with the payment schedules associated |
24 | | with such obligations. |
25 | | (f) By the enactment of this amendatory Act of the 98th |
26 | | General Assembly, the State of Illinois pledges to and agrees |
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1 | | with the Board and members of the System that the State will |
2 | | make the payments required under Section 15-155 of this Code, |
3 | | the transfers required under subsections (c-10) and (c-15) of |
4 | | Section 20 of the Budget Stabilization Act, and the payments to |
5 | | the System of its proportionate share of the transferred |
6 | | amounts in accordance with Section 25 of the Budget |
7 | | Stabilization Act. The State further pledges that the State |
8 | | will not limit or alter the rights and powers vested in the |
9 | | Board so as to impair the terms of this Section or in any way |
10 | | impair the rights and remedies of the Board. |
11 | | (Source: P.A. 83-1440.)
|
12 | | (40 ILCS 5/15-157) (from Ch. 108 1/2, par. 15-157)
|
13 | | Sec. 15-157. Employee Contributions.
|
14 | | (a) Each participating employee
shall make contributions |
15 | | towards the retirement
benefits payable under the retirement |
16 | | program applicable to the
employee from each payment
of |
17 | | earnings applicable to employment under this system on and |
18 | | after the
date of becoming a participant as follows: Prior to |
19 | | September 1, 1949,
3 1/2% of earnings; from September 1, 1949 |
20 | | to August 31, 1955, 5%; from
September 1, 1955 to August 31, |
21 | | 1969, 6%; from September 1, 1969, 6 1/2%.
These contributions |
22 | | are to be considered as normal contributions for purposes
of |
23 | | this Article.
|
24 | | Each participant who is a police officer or firefighter |
25 | | shall make normal
contributions of 8% of each payment of |
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1 | | earnings applicable to employment as a
police officer or |
2 | | firefighter under this system on or after September 1, 1981,
|
3 | | unless he or she files with the board within 60 days after the |
4 | | effective date
of this amendatory Act of 1991 or 60 days after |
5 | | the board receives notice that
he or she is employed as a |
6 | | police officer or firefighter, whichever is later,
a written |
7 | | notice waiving the retirement formula provided by Rule 4 of |
8 | | Section
15-136. This waiver shall be irrevocable. If a |
9 | | participant had met the
conditions set forth in Section |
10 | | 15-132.1 prior to the effective date of this
amendatory Act of |
11 | | 1991 but failed to make the additional normal contributions
|
12 | | required by this paragraph, he or she may elect to pay the |
13 | | additional
contributions plus compound interest at the |
14 | | effective rate. If such payment
is received by the board, the |
15 | | service shall be considered as police officer
service in |
16 | | calculating the retirement annuity under Rule 4 of Section |
17 | | 15-136.
While performing service described in clause (i) or |
18 | | (ii) of Rule 4 of Section
15-136, a participating employee |
19 | | shall be deemed to be employed as a
firefighter for the purpose |
20 | | of determining the rate of employee contributions
under this |
21 | | Section.
|
22 | | (b) Starting September 1, 1969, each participating |
23 | | employee shall make
additional contributions of 1/2 of 1% of |
24 | | earnings to finance a portion
of the cost of the annual |
25 | | increases in retirement annuity provided under
Section 15-136, |
26 | | except that with respect to participants in the
self-managed |
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1 | | plan this additional contribution shall be used to finance the
|
2 | | benefits obtained under that retirement program.
|
3 | | (c) In addition to the amounts described in subsections (a) |
4 | | and (b) of this
Section, each participating employee shall make |
5 | | contributions of 1% of earnings
applicable under this system on |
6 | | and after August 1, 1959. The contributions
made under this |
7 | | subsection (c) shall be considered as survivor's insurance
|
8 | | contributions for purposes of this Article if the employee is |
9 | | covered under
the traditional benefit package, and such |
10 | | contributions shall be considered
as additional contributions |
11 | | for purposes of this Article if the employee is
participating |
12 | | in the self-managed plan or has elected to participate in the
|
13 | | portable benefit package and has completed the applicable |
14 | | one-year waiting
period. Contributions in excess of $80 during |
15 | | any fiscal year beginning before
August 31, 1969 and in excess |
16 | | of $120 during any fiscal year thereafter until
September 1, |
17 | | 1971 shall be considered as additional contributions for |
18 | | purposes
of this Article.
|
19 | | (c-5) In addition to the contributions otherwise required |
20 | | under this Article, each Tier I participant shall also make the |
21 | | following contributions toward the retirement
benefits payable |
22 | | under the retirement program applicable to the
employee from |
23 | | each payment
of earnings applicable to employment under this |
24 | | system: |
25 | | (1) beginning July 1, 2013 and through June 30, 2014, |
26 | | 1% of earnings; and |
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1 | | (2) beginning on July 1, 2014, 2% of earnings. |
2 | | Except as otherwise specified, these contributions are to |
3 | | be considered as normal contributions for purposes
of this |
4 | | Article. |
5 | | (d) If the board by board rule so permits and subject to |
6 | | such conditions
and limitations as may be specified in its |
7 | | rules, a participant may make
other additional contributions of |
8 | | such percentage of earnings or amounts as
the participant shall |
9 | | elect in a written notice thereof received by the board.
|
10 | | (e) That fraction of a participant's total accumulated |
11 | | normal
contributions, the numerator of which is equal to the |
12 | | number of years of
service in excess of that which is required |
13 | | to qualify for the maximum
retirement annuity, and the |
14 | | denominator of which is equal to the total
service of the |
15 | | participant, shall be considered as accumulated additional
|
16 | | contributions. The determination of the applicable maximum |
17 | | annuity and
the adjustment in contributions required by this |
18 | | provision shall be made
as of the date of the participant's |
19 | | retirement.
|
20 | | (f) Notwithstanding the foregoing, a participating |
21 | | employee shall not
be required to make contributions under this |
22 | | Section after the date upon
which continuance of such |
23 | | contributions would otherwise cause his or her
retirement |
24 | | annuity to exceed the maximum retirement annuity as specified |
25 | | in
clause (1) of subsection (c) of Section 15-136.
|
26 | | (g) A participating employee may make contributions for the |
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1 | | purchase of
service credit under this Article.
|
2 | | (Source: P.A. 90-32, eff. 6-27-97; 90-65, eff. 7-7-97; 90-448, |
3 | | eff. 8-16-97;
90-511, eff. 8-22-97; 90-576, eff. 3-31-98; |
4 | | 90-655, eff. 7-30-98; 90-766, eff.
8-14-98.)
|
5 | | (40 ILCS 5/15-157.5 new) |
6 | | Sec. 15-157.5. Use of contributions for health care |
7 | | subsidies. The System shall not use any contribution received |
8 | | by the System under this Article to provide a subsidy for the |
9 | | cost of participation in a retiree health care program.
|
10 | | (40 ILCS 5/15-165)
(from Ch. 108 1/2, par. 15-165)
|
11 | | Sec. 15-165. To certify amounts and submit vouchers.
|
12 | | (a) The Board shall certify to the Governor on or before |
13 | | November 15 of each
year through until November 15, 2011 the |
14 | | appropriation required from State funds for the purposes of |
15 | | this
System for the following fiscal year. The certification |
16 | | under this subsection (a) shall include a copy
of the actuarial |
17 | | recommendations upon which it is based and shall specifically |
18 | | identify the System's projected State normal cost for that |
19 | | fiscal year and the projected State cost for the self-managed |
20 | | plan for that fiscal year .
|
21 | | On or before May 1, 2004, the Board shall recalculate and |
22 | | recertify to
the Governor the amount of the required State |
23 | | contribution to the System for
State fiscal year 2005, taking |
24 | | into account the amounts appropriated to and
received by the |
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1 | | System under subsection (d) of Section 7.2 of the General
|
2 | | Obligation Bond Act.
|
3 | | On or before July 1, 2005, the Board shall recalculate and |
4 | | recertify
to the Governor the amount of the required State
|
5 | | contribution to the System for State fiscal year 2006, taking |
6 | | into account the changes in required State contributions made |
7 | | by this amendatory Act of the 94th General Assembly.
|
8 | | On or before April 1, 2011, the Board shall recalculate and |
9 | | recertify to the Governor the amount of the required State |
10 | | contribution to the System for State fiscal year 2011, applying |
11 | | the changes made by Public Act 96-889 to the System's assets |
12 | | and liabilities as of June 30, 2009 as though Public Act 96-889 |
13 | | was approved on that date. |
14 | | (a-5) On or before November 1 of each year, beginning |
15 | | November 1, 2012, the Board shall submit to the State Actuary, |
16 | | the Governor, and the General Assembly a proposed certification |
17 | | of the amount of the required State contribution to the System |
18 | | for the next fiscal year, along with all of the actuarial |
19 | | assumptions, calculations, and data upon which that proposed |
20 | | certification is based. On or before January 1 of each year, |
21 | | beginning January 1, 2013, the State Actuary shall issue a |
22 | | preliminary report concerning the proposed certification and |
23 | | identifying, if necessary, recommended changes in actuarial |
24 | | assumptions that the Board must consider before finalizing its |
25 | | certification of the required State contributions. |
26 | | On or before January 15, 2013 and each January 15 |
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1 | | thereafter, the Board shall certify to the Governor and the |
2 | | General Assembly the amount of the required State contribution |
3 | | for the next fiscal year. The certification shall include a |
4 | | copy of the actuarial
recommendations upon which it is based |
5 | | and shall specifically identify the System's projected State |
6 | | normal cost for that fiscal year and the projected State cost |
7 | | for the self-managed plan for that fiscal year. The Board's |
8 | | certification must note, in a written response to the State |
9 | | Actuary, any deviations from the State Actuary's recommended |
10 | | changes, the reason or reasons for not following the State |
11 | | Actuary's recommended changes, and the fiscal impact of not |
12 | | following the State Actuary's recommended changes on the |
13 | | required State contribution. |
14 | | (b) The Board shall certify to the State Comptroller or |
15 | | employer, as the
case may be, from time to time, by its |
16 | | president and secretary, with its seal
attached, the amounts |
17 | | payable to the System from the various funds.
|
18 | | (c) Beginning in State fiscal year 1996, on or as soon as |
19 | | possible after the
15th day of each month the Board shall |
20 | | submit vouchers for payment of State
contributions to the |
21 | | System, in a total monthly amount of one-twelfth of the
|
22 | | required annual State contribution certified under subsection |
23 | | (a).
From the effective date of this amendatory Act
of the 93rd |
24 | | General Assembly through June 30, 2004, the Board shall not
|
25 | | submit vouchers for the remainder of fiscal year 2004 in excess |
26 | | of the
fiscal year 2004 certified contribution amount |
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1 | | determined
under this Section after taking into consideration |
2 | | the transfer to the
System under subsection (b) of Section |
3 | | 6z-61 of the State Finance Act.
These
vouchers shall be paid by |
4 | | the State Comptroller and Treasurer by warrants drawn
on the |
5 | | funds appropriated to the System for that fiscal year.
|
6 | | If in any month the amount remaining unexpended from all |
7 | | other
appropriations to the System for the applicable fiscal |
8 | | year (including the
appropriations to the System under Section |
9 | | 8.12 of the State Finance Act and
Section 1 of the State |
10 | | Pension Funds Continuing Appropriation Act) is less than
the |
11 | | amount lawfully vouchered under this Section, the difference |
12 | | shall be paid
from the General Revenue Fund under the |
13 | | continuing appropriation authority
provided in Section 1.1 of |
14 | | the State Pension Funds Continuing Appropriation
Act.
|
15 | | (d) So long as the payments received are the full amount |
16 | | lawfully
vouchered under this Section, payments received by the |
17 | | System under this
Section shall be applied first toward the |
18 | | employer contribution to the
self-managed plan established |
19 | | under Section 15-158.2. Payments shall be
applied second toward |
20 | | the employer's portion of the normal costs of the System,
as |
21 | | defined in subsection (f) of Section 15-155. The balance shall |
22 | | be applied
toward the unfunded actuarial liabilities of the |
23 | | System.
|
24 | | (e) In the event that the System does not receive, as a |
25 | | result of
legislative enactment or otherwise, payments |
26 | | sufficient to
fully fund the employer contribution to the |
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1 | | self-managed plan
established under Section 15-158.2 and to |
2 | | fully fund that portion of the
employer's portion of the normal |
3 | | costs of the System, as calculated in
accordance with Section |
4 | | 15-155(a-1), then any payments received shall be
applied |
5 | | proportionately to the optional retirement program established |
6 | | under
Section 15-158.2 and to the employer's portion of the |
7 | | normal costs of the
System, as calculated in accordance with |
8 | | Section 15-155(a-1).
|
9 | | (Source: P.A. 96-1497, eff. 1-14-11; 96-1511, eff. 1-27-11; |
10 | | 97-694, eff. 6-18-12.)
|
11 | | (40 ILCS 5/15-198)
|
12 | | Sec. 15-198. Application and expiration of new benefit |
13 | | increases. |
14 | | (a) As used in this Section, "new benefit increase" means |
15 | | an increase in the amount of any benefit provided under this |
16 | | Article, or an expansion of the conditions of eligibility for |
17 | | any benefit under this Article or Article 1 , that results from |
18 | | an amendment to this Code that takes effect after the effective |
19 | | date of this amendatory Act of the 94th General Assembly. "New |
20 | | benefit increase", however, does not include any benefit |
21 | | increase resulting from the changes made to this Article or |
22 | | Article 1 by this amendatory Act of the 98th General Assembly. |
23 | | (b) Notwithstanding any other provision of this Code or any |
24 | | subsequent amendment to this Code, every new benefit increase |
25 | | is subject to this Section and shall be deemed to be granted |
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1 | | only in conformance with and contingent upon compliance with |
2 | | the provisions of this Section.
|
3 | | (c) The Public Act enacting a new benefit increase must |
4 | | identify and provide for payment to the System of additional |
5 | | funding at least sufficient to fund the resulting annual |
6 | | increase in cost to the System as it accrues. |
7 | | Every new benefit increase is contingent upon the General |
8 | | Assembly providing the additional funding required under this |
9 | | subsection. The Commission on Government Forecasting and |
10 | | Accountability shall analyze whether adequate additional |
11 | | funding has been provided for the new benefit increase and |
12 | | shall report its analysis to the Public Pension Division of the |
13 | | Department of Financial and Professional Regulation. A new |
14 | | benefit increase created by a Public Act that does not include |
15 | | the additional funding required under this subsection is null |
16 | | and void. If the Public Pension Division determines that the |
17 | | additional funding provided for a new benefit increase under |
18 | | this subsection is or has become inadequate, it may so certify |
19 | | to the Governor and the State Comptroller and, in the absence |
20 | | of corrective action by the General Assembly, the new benefit |
21 | | increase shall expire at the end of the fiscal year in which |
22 | | the certification is made.
|
23 | | (d) Every new benefit increase shall expire 5 years after |
24 | | its effective date or on such earlier date as may be specified |
25 | | in the language enacting the new benefit increase or provided |
26 | | under subsection (c). This does not prevent the General |
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1 | | Assembly from extending or re-creating a new benefit increase |
2 | | by law. |
3 | | (e) Except as otherwise provided in the language creating |
4 | | the new benefit increase, a new benefit increase that expires |
5 | | under this Section continues to apply to persons who applied |
6 | | and qualified for the affected benefit while the new benefit |
7 | | increase was in effect and to the affected beneficiaries and |
8 | | alternate payees of such persons, but does not apply to any |
9 | | other person, including without limitation a person who |
10 | | continues in service after the expiration date and did not |
11 | | apply and qualify for the affected benefit while the new |
12 | | benefit increase was in effect.
|
13 | | (Source: P.A. 94-4, eff. 6-1-05.)
|
14 | | (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
|
15 | | Sec. 16-106. Teacher. "Teacher": The following |
16 | | individuals, provided
that, for employment prior to July 1, |
17 | | 1990, they are employed on a
full-time basis, or if not |
18 | | full-time, on a permanent and continuous basis
in a position in |
19 | | which services are expected to be rendered for at least
one |
20 | | school term:
|
21 | | (1) Any educational, administrative, professional or |
22 | | other staff employed
in the public common schools included |
23 | | within this system in a position
requiring certification |
24 | | under the law governing the certification of
teachers;
|
25 | | (2) Any educational, administrative, professional or |
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1 | | other staff employed
in any facility of the Department of |
2 | | Children and Family Services or the
Department of Human |
3 | | Services, in a position requiring certification under
the |
4 | | law governing the certification of teachers, and any person |
5 | | who (i)
works in such a position for the Department of |
6 | | Corrections, (ii) was a member
of this System on May 31, |
7 | | 1987, and (iii) did not elect to become a member of
the |
8 | | State Employees' Retirement System pursuant to Section |
9 | | 14-108.2 of this
Code; except that "teacher" does not |
10 | | include any person who (A) becomes
a security employee of |
11 | | the Department of Human Services, as defined in
Section |
12 | | 14-110, after June 28, 2001 (the effective date of Public |
13 | | Act
92-14), or (B) becomes a member of the State Employees'
|
14 | | Retirement System pursuant to Section 14-108.2c of this |
15 | | Code;
|
16 | | (3) Any regional superintendent of schools, assistant |
17 | | regional
superintendent of schools, State Superintendent |
18 | | of Education; any person
employed by the State Board of |
19 | | Education as an executive; any executive of
the boards |
20 | | engaged in the service of public common school education in
|
21 | | school districts covered under this system of which the |
22 | | State
Superintendent of Education is an ex-officio member;
|
23 | | (4) Any employee of a school board association |
24 | | operating in compliance
with Article 23 of the School Code |
25 | | who is certificated under the law
governing the |
26 | | certification of teachers , provided that he or she becomes |
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1 | | such an employee before the effective date of this |
2 | | amendatory Act of the 98th General Assembly ;
|
3 | | (5) Any person employed by the retirement system
who:
|
4 | | (i) was an employee of and a participant in the |
5 | | system on August 17,
2001 (the effective date of Public |
6 | | Act 92-416), or
|
7 | | (ii) becomes an employee of the system on or after |
8 | | August 17, 2001;
|
9 | | (6) Any educational, administrative, professional or |
10 | | other staff
employed by and under the supervision and |
11 | | control of a regional
superintendent of schools, provided |
12 | | such employment position requires the
person to be |
13 | | certificated under the law governing the certification of
|
14 | | teachers and is in an educational program serving 2 or more |
15 | | districts in
accordance with a joint agreement authorized |
16 | | by the School Code or by federal
legislation;
|
17 | | (7) Any educational, administrative, professional or |
18 | | other staff employed
in an educational program serving 2 or |
19 | | more school districts in accordance
with a joint agreement |
20 | | authorized by the School Code or by federal
legislation and |
21 | | in a position requiring certification under the laws
|
22 | | governing the certification of teachers;
|
23 | | (8) Any officer or employee of a statewide teacher |
24 | | organization or
officer of a national teacher organization |
25 | | who is certified under the law
governing certification of |
26 | | teachers, provided: (i) the individual had
previously |
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1 | | established creditable service under this Article, (ii) |
2 | | the
individual files with the system an irrevocable |
3 | | election to become a member before the effective date of |
4 | | this amendatory Act of the 97th General Assembly,
(iii) the |
5 | | individual does not receive credit for such service under |
6 | | any
other Article of this Code, and (iv) the individual |
7 | | first became an officer or employee of the teacher |
8 | | organization and becomes a member before the effective date |
9 | | of this amendatory Act of the 97th General Assembly;
|
10 | | (9) Any educational, administrative, professional, or |
11 | | other staff
employed in a charter school operating in |
12 | | compliance with the Charter
Schools Law who is certificated |
13 | | under the law governing the certification
of teachers ; .
|
14 | | (10) Any person employed, on the effective date of this |
15 | | amendatory Act of the 94th General Assembly, by the |
16 | | Macon-Piatt Regional Office of Education in a |
17 | | birth-through-age-three pilot program receiving funds |
18 | | under Section 2-389 of the School Code who is required by |
19 | | the Macon-Piatt Regional Office of Education to hold a |
20 | | teaching certificate, provided that the Macon-Piatt |
21 | | Regional Office of Education makes an election, within 6 |
22 | | months after the effective date of this amendatory Act of |
23 | | the 94th General Assembly, to have the person participate |
24 | | in the system. Any service established prior to the |
25 | | effective date of this amendatory Act of the 94th General |
26 | | Assembly for service as an employee of the Macon-Piatt |
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1 | | Regional Office of Education in a birth-through-age-three |
2 | | pilot program receiving funds under Section 2-389 of the |
3 | | School Code shall be considered service as a teacher if |
4 | | employee and employer contributions have been received by |
5 | | the system and the system has not refunded those |
6 | | contributions.
|
7 | | An annuitant receiving a retirement annuity under this |
8 | | Article or under
Article 17 of this Code who is employed by a |
9 | | board of education
or other employer as permitted under Section |
10 | | 16-118
or 16-150.1 is not a "teacher" for purposes of this |
11 | | Article. A person who
has received a single-sum retirement |
12 | | benefit under Section 16-136.4 of this
Article is not a |
13 | | "teacher" for purposes of this Article.
|
14 | | (Source: P.A. 97-651, eff. 1-5-12; revised 8-3-12.)
|
15 | | (40 ILCS 5/16-106.4 new) |
16 | | Sec. 16-106.4. Tier I member. "Tier I member": A member |
17 | | under this Article who first became a member or participant |
18 | | before January 1, 2011 under any reciprocal retirement system |
19 | | or 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. |
22 | | (40 ILCS 5/16-106.5 new) |
23 | | Sec. 16-106.5. Tier I retiree. "Tier I retiree": A former |
24 | | Tier I member who is receiving a retirement annuity.
|