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Sen. John J. Cullerton
Filed: 3/13/2013
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1 | | AMENDMENT TO SENATE BILL 1
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "PART A |
5 | | Section A-3. The Illinois Public Labor Relations Act is |
6 | | amended by changing Sections 4 and 15 as follows: |
7 | | (5 ILCS 315/4) (from Ch. 48, par. 1604)
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8 | | Sec. 4. Management Rights. Employers shall not be required |
9 | | to bargain
over matters of inherent managerial policy, which |
10 | | shall include such areas
of discretion or policy as the |
11 | | functions of the employer, standards of
services,
its overall |
12 | | budget, the organizational structure and selection of new
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13 | | employees, examination techniques
and direction of employees. |
14 | | Employers, however, shall be required to bargain
collectively |
15 | | with regard to
policy matters directly affecting wages, hours |
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1 | | and terms and conditions of employment
as well as the impact |
2 | | thereon upon request by employee representatives , but |
3 | | excluding the changes, the impact of changes, and the |
4 | | implementation of the changes set forth in this amendatory Act |
5 | | of the 98th General Assembly .
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6 | | To preserve the rights of employers and exclusive |
7 | | representatives which
have established collective bargaining |
8 | | relationships or negotiated collective
bargaining agreements |
9 | | prior to the effective date of this Act, employers
shall be |
10 | | required to bargain collectively with regard to any matter |
11 | | concerning
wages, hours or conditions of employment about which |
12 | | they have bargained
for and agreed to in a collective |
13 | | bargaining agreement
prior to the effective date of this Act , |
14 | | but excluding the changes, the impact of changes, and the |
15 | | implementation of the changes set forth in this amendatory Act |
16 | | of the 98th General Assembly .
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17 | | The chief judge of the judicial circuit that employs a |
18 | | public employee who
is
a court reporter, as defined in the |
19 | | Court Reporters Act, has the authority to
hire, appoint, |
20 | | promote, evaluate, discipline, and discharge court reporters
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21 | | within that judicial circuit.
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22 | | Nothing in this amendatory Act of the 94th General Assembly |
23 | | shall
be construed to intrude upon the judicial functions of |
24 | | any court. This
amendatory Act of the 94th General Assembly |
25 | | applies only to nonjudicial
administrative matters relating to |
26 | | the collective bargaining rights of court
reporters.
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1 | | (Source: P.A. 94-98, eff. 7-1-05.)
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2 | | (5 ILCS 315/15) (from Ch. 48, par. 1615)
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3 | | Sec. 15. Act Takes Precedence. |
4 | | (a) In case of any conflict between the
provisions of this |
5 | | Act and any other law (other than Section 5 of the State |
6 | | Employees Group Insurance Act of 1971 and other than the |
7 | | changes made to the Illinois Pension Code by Public Act 96-889 |
8 | | and the changes, impact of changes, and the implementation of |
9 | | the changes made to the Illinois Pension Code by this |
10 | | amendatory Act of the 98th 96th General Assembly), executive |
11 | | order or administrative
regulation relating to wages, hours and |
12 | | conditions of employment and employment
relations, the |
13 | | provisions of this Act or any collective bargaining agreement
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14 | | negotiated thereunder shall prevail and control.
Nothing in |
15 | | this Act shall be construed to replace or diminish the
rights |
16 | | of employees established by Sections 28 and 28a of the |
17 | | Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 |
18 | | of the Regional Transportation
Authority Act. The provisions of |
19 | | this Act are subject to the changes made by this amendatory Act |
20 | | of the 98th General Assembly and Section 5 of the State |
21 | | Employees Group Insurance Act of 1971. Nothing in this Act |
22 | | shall be construed to replace the necessity of complaints |
23 | | against a sworn peace officer, as defined in Section 2(a) of |
24 | | the Uniform Peace Officer Disciplinary Act, from having a |
25 | | complaint supported by a sworn affidavit.
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1 | | (b) Except as provided in subsection (a) above, any |
2 | | collective bargaining
contract between a public employer and a |
3 | | labor organization executed pursuant
to this Act shall |
4 | | supersede any contrary statutes, charters, ordinances, rules
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5 | | or regulations relating to wages, hours and conditions of |
6 | | employment and
employment relations adopted by the public |
7 | | employer or its agents. Any collective
bargaining agreement |
8 | | entered into prior to the effective date of this Act
shall |
9 | | remain in full force during its duration.
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10 | | (c) It is the public policy of this State, pursuant to |
11 | | paragraphs (h)
and (i) of Section 6 of Article VII of the |
12 | | Illinois Constitution, that the
provisions of this Act are the |
13 | | exclusive exercise by the State of powers
and functions which |
14 | | might otherwise be exercised by home rule units. Such
powers |
15 | | and functions may not be exercised concurrently, either |
16 | | directly
or indirectly, by any unit of local government, |
17 | | including any home rule
unit, except as otherwise authorized by |
18 | | this Act.
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19 | | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11 .)
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20 | | Section A-5. The Governor's Office of Management and Budget |
21 | | Act is amended by changing Sections 7 and 8 as follows:
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22 | | (20 ILCS 3005/7) (from Ch. 127, par. 417)
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23 | | Sec. 7.
All statements and estimates of expenditures |
24 | | submitted to the
Office in connection with the preparation of a |
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1 | | State budget, and any other
estimates of expenditures, |
2 | | supporting requests for appropriations, shall be
formulated |
3 | | according to the various functions and activities for which the
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4 | | respective department, office or institution of the State |
5 | | government
(including the elective officers in the executive |
6 | | department and including
the University of Illinois and the |
7 | | judicial department) is responsible. All
such statements and |
8 | | estimates of expenditures relating to a particular
function or |
9 | | activity shall be further formulated or subject to analysis in
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10 | | accordance with the following classification of objects:
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11 | | (1) Personal services
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12 | | (2) State contribution for employee group insurance
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13 | | (3) Contractual services
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14 | | (4) Travel
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15 | | (5) Commodities
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16 | | (6) Equipment
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17 | | (7) Permanent improvements
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18 | | (8) Land
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19 | | (9) Electronic Data Processing
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20 | | (10) Telecommunication services
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21 | | (11) Operation of Automotive Equipment
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22 | | (12) Contingencies
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23 | | (13) Reserve
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24 | | (14) Interest
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25 | | (15) Awards and Grants
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26 | | (16) Debt Retirement
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1 | | (17) Non-cost Charges .
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2 | | (18) State retirement contribution for annual normal cost |
3 | | (19) State retirement contribution for unfunded accrued |
4 | | liability. |
5 | | (Source: P.A. 93-25, eff. 6-20-03 .)
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6 | | (20 ILCS 3005/8) (from Ch. 127, par. 418)
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7 | | Sec. 8.
When used in connection with a State budget or |
8 | | expenditure or
estimate, items (1) through (16) in the |
9 | | classification of objects stated in
Section 7 shall have the |
10 | | meanings ascribed to those items in Sections 14
through 24.7, |
11 | | respectively, of the State Finance Act. "An Act in relation to |
12 | | State finance",
approved June 10, 1919, as amended.
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13 | | When used in connection with a State budget or expenditure |
14 | | or
estimate, items (18) and (19) in the classification of |
15 | | objects stated in
Section 7 shall have the meanings ascribed to |
16 | | those items in Sections 24.12 and 24.13, respectively, of the |
17 | | State Finance Act. |
18 | | (Source: P.A. 82-325.)
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19 | | Section A-10. The State Finance Act is amended by changing |
20 | | Section 13 and by adding Sections 24.12 and 24.13 as follows:
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21 | | (30 ILCS 105/13) (from Ch. 127, par. 149)
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22 | | Sec. 13.
The objects and purposes for which appropriations |
23 | | are made
are classified and standardized by items as follows:
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1 | | (1) Personal services;
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2 | | (2) State contribution for employee group insurance;
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3 | | (3) Contractual services;
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4 | | (4) Travel;
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5 | | (5) Commodities;
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6 | | (6) Equipment;
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7 | | (7) Permanent improvements;
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8 | | (8) Land;
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9 | | (9) Electronic Data Processing;
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10 | | (10) Operation of automotive equipment;
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11 | | (11) Telecommunications services;
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12 | | (12) Contingencies;
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13 | | (13) Reserve;
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14 | | (14) Interest;
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15 | | (15) Awards and Grants;
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16 | | (16) Debt Retirement;
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17 | | (17) Non-Cost Charges;
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18 | | (18) State retirement contribution for annual normal cost; |
19 | | (19) State retirement contribution for unfunded accrued |
20 | | liability; |
21 | | (20) (18) Purchase Contract for Real Estate.
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22 | | When an appropriation is made to an officer, department, |
23 | | institution,
board, commission or other agency, or to a private |
24 | | association or
corporation, in one or more of the items above |
25 | | specified, such
appropriation shall be construed in accordance |
26 | | with the definitions and
limitations specified in this Act, |
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1 | | unless the appropriation act
otherwise provides.
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2 | | An appropriation for a purpose other than one specified and |
3 | | defined
in this Act may be made only as an additional, separate |
4 | | and distinct
item, specifically stating the object and purpose |
5 | | thereof.
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6 | | (Source: P.A. 84-263; 84-264.)
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7 | | (30 ILCS 105/24.12 new) |
8 | | Sec. 24.12. "State retirement contribution for annual |
9 | | normal cost" defined. The term "State retirement contribution |
10 | | for annual normal cost" means the portion of the total required |
11 | | State contribution to a retirement system for a fiscal year |
12 | | that represents the State's portion of the System's projected |
13 | | normal cost for that fiscal year, as determined and certified |
14 | | by the board of trustees of the retirement system in |
15 | | conformance with the applicable provisions of the Illinois |
16 | | Pension Code. |
17 | | (30 ILCS 105/24.13 new) |
18 | | Sec. 24.13. "State retirement contribution for unfunded |
19 | | accrued liability" defined. The term "State retirement |
20 | | contribution for unfunded accrued liability" means the portion |
21 | | of the total required State contribution to a retirement system |
22 | | for a fiscal year that is not included in the State retirement |
23 | | contribution for annual normal cost. |
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1 | | Section A-15. The Budget Stabilization Act is amended by |
2 | | changing Sections 20 and 25 as follows: |
3 | | (30 ILCS 122/20) |
4 | | Sec. 20. Pension Stabilization Fund. |
5 | | (a) The Pension Stabilization Fund is hereby created as a |
6 | | special fund in the State treasury. Moneys in the fund shall be |
7 | | used for the sole purpose of making payments to the designated |
8 | | retirement systems as provided in Section 25.
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9 | | (b) For each fiscal year when the General Assembly's
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10 | | appropriations and transfers or diversions as required by law
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11 | | from general funds do not exceed 99% of the
estimated general |
12 | | funds revenues pursuant to subsection (a)
of Section 10, the |
13 | | Comptroller shall transfer from the
General Revenue Fund as |
14 | | provided by this Section a total
amount equal to 0.5% of the |
15 | | estimated general funds revenues
to the Pension Stabilization |
16 | | Fund. |
17 | | (c) For each fiscal year through State fiscal year 2013, |
18 | | when the General Assembly's
appropriations and transfers or |
19 | | diversions as required by law
from general funds do not exceed |
20 | | 98% of the
estimated general funds revenues pursuant to |
21 | | subsection (b)
of Section 10, the Comptroller shall transfer |
22 | | from the
General Revenue Fund as provided by this Section a |
23 | | total
amount equal to 1.0% of the estimated general funds |
24 | | revenues
to the Pension Stabilization Fund. |
25 | | (c-10) In State fiscal year 2020 and each fiscal year |
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1 | | thereafter, the State Comptroller shall order transferred and |
2 | | the State Treasurer shall transfer $1,000,000,000 from the |
3 | | General Revenue Fund to the Pension Stabilization Fund. |
4 | | (c-15) The transfers made pursuant to subsection (c-10) of |
5 | | this Section shall continue through State fiscal year 2045 or |
6 | | until each of the designated retirement systems, as defined in |
7 | | Section 25, has achieved the funding ratio prescribed by law |
8 | | for that retirement system, whichever occurs first; provided |
9 | | that those transfers shall not be made after any provision of |
10 | | this Act that is designated as inseverable in Section 97 of |
11 | | this Act is declared to be unconstitutional or invalid other |
12 | | than as applied. |
13 | | (d) The Comptroller shall transfer 1/12 of the total
amount |
14 | | to be transferred each fiscal year under this Section
into the |
15 | | Pension Stabilization Fund on the first day of each
month of |
16 | | that fiscal year or as soon thereafter as possible; except that |
17 | | the final transfer of the fiscal year shall be made as soon as |
18 | | practical after the August 31 following the end of the fiscal |
19 | | year. |
20 | | Until State fiscal year 2014, before Before the final |
21 | | transfer for a fiscal year is made, the Comptroller shall |
22 | | reconcile the estimated general funds revenues used in |
23 | | calculating the other transfers under this Section for that |
24 | | fiscal year with the actual general funds revenues for that |
25 | | fiscal year. The
final transfer for the fiscal year shall be |
26 | | adjusted so that the
total amount transferred under this |
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1 | | Section for that fiscal year is equal to the percentage |
2 | | specified in subsection
(b) or (c) of this Section, whichever |
3 | | is applicable, of the actual
general funds revenues for that |
4 | | fiscal year. The actual general funds revenues for the fiscal |
5 | | year shall be calculated in a manner consistent with subsection |
6 | | (c) of
Section 10 of this Act.
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7 | | (Source: P.A. 94-839, eff. 6-6-06.) |
8 | | (30 ILCS 122/25)
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9 | | Sec. 25. Transfers from the Pension Stabilization Fund. |
10 | | (a) As used in this Section, "designated retirement |
11 | | systems" means: |
12 | | (1) the State Employees' Retirement System of
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13 | | Illinois; |
14 | | (2) the Teachers' Retirement System of the State of
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15 | | Illinois; |
16 | | (3) the State Universities Retirement System; |
17 | | (4) the Judges Retirement System of Illinois; and |
18 | | (5) the General Assembly Retirement System. |
19 | | (b) As soon as may be practical after any money is |
20 | | deposited into the Pension Stabilization Fund, the State |
21 | | Comptroller shall apportion the deposited amount among the |
22 | | designated retirement systems and the State Comptroller and |
23 | | State Treasurer shall pay the apportioned amounts to the |
24 | | designated retirement systems. The amount deposited shall be |
25 | | apportioned among the designated retirement systems in the same |
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1 | | proportion as their respective portions of the
total actuarial |
2 | | reserve deficiency of the designated retirement systems, as |
3 | | most
recently determined by the Governor's Office of Management |
4 | | and
Budget. Amounts received by a designated retirement system |
5 | | under this Section shall be used for funding the unfunded |
6 | | liabilities of the retirement system. Payments under this |
7 | | Section are authorized by the continuing appropriation under |
8 | | Section 1.7 of the State Pension Funds Continuing Appropriation |
9 | | Act. |
10 | | (c) At the request of the State Comptroller, the Governor's |
11 | | Office of Management and Budget shall
determine the individual |
12 | | and total actuarial reserve deficiencies of the
designated |
13 | | retirement systems. For this purpose, the
Governor's Office of |
14 | | Management and Budget shall consider the
latest available audit |
15 | | and actuarial reports of each of the
retirement systems and the |
16 | | relevant reports and statistics of
the Public Pension Division |
17 | | of the Department of
Financial and Professional Regulation. |
18 | | (d) Payments to the designated retirement systems under |
19 | | this Section shall be in addition to, and not in lieu of, any |
20 | | State contributions required under Section 2-124, 14-131, |
21 | | 15-155, 16-158, or 18-131 of the Illinois Pension Code. |
22 | | Payments to the designated retirement systems under this |
23 | | Section, transferred after the effective date of this |
24 | | amendatory Act of the 98th General Assembly, do not reduce and |
25 | | do not constitute payment of any portion of the required State |
26 | | contribution under Article 2, 14, 15, 16, or 18 of the Illinois |
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1 | | Pension Code in that fiscal year. Such amounts shall not |
2 | | reduce, and shall not be included in the calculation of, the |
3 | | required State contribution under Article 2, 14, 15, 16, or 18 |
4 | | of the Illinois Pension Code in any future year, until the |
5 | | designated retirement system has received payment of |
6 | | contributions pursuant to this Act.
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7 | | (Source: P.A. 94-839, eff. 6-6-06.) |
8 | | Section A-20. The Illinois Pension Code is amended by |
9 | | changing Sections 1-103.3, 2-101, 2-105, 2-107, 2-108, 2-119, |
10 | | 2-119.1, 2-121.1, 2-124, 2-125, 2-126, 2-134, 2-162, 7-109, |
11 | | 14-103.10, 14-106, 14-107, 14-108, 14-110, 14-114, 14-131, |
12 | | 14-132, 14-133, 14-135.08, 14-152.1, 15-106, 15-107, 15-111, |
13 | | 15-113.2, 15-135, 15-136, 15-155, 15-156, 15-157, 15-165, |
14 | | 15-198, 16-106, 16-121, 16-127, 16-132, 16-133, 16-133.1, |
15 | | 16-152, 16-158, 16-158.1, and 16-203 and by adding Sections |
16 | | 2-105.1, 2-105.2, 14-103.40, 14-103.41, 15-107.1, 15-107.2, |
17 | | 16-106.4, 16-106.5, and 16-158.2 as follows:
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18 | | (40 ILCS 5/1-103.3)
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19 | | Sec. 1-103.3. Application of 1994 amendment; funding |
20 | | standard.
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21 | | (a) The provisions of Public Act 88-593 this amendatory Act |
22 | | of 1994 that change the method of
calculating, certifying, and |
23 | | paying the required State contributions to the
retirement |
24 | | systems established under Articles 2, 14, 15, 16, and 18 shall
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1 | | first apply to the State contributions required for State |
2 | | fiscal year 1996.
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3 | | (b) (Blank) The General Assembly declares that a funding |
4 | | ratio (the ratio of a
retirement system's total assets to its |
5 | | total actuarial liabilities) of 90% is
an appropriate goal for |
6 | | State-funded retirement systems in Illinois, and it
finds that |
7 | | a funding ratio of 90% is now the generally-recognized norm
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8 | | throughout the nation for public employee retirement systems |
9 | | that are
considered to be financially secure and funded in an |
10 | | appropriate and
responsible manner .
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11 | | (c) Every 5 years, beginning in 1999, the Commission on |
12 | | Government Forecasting and Accountability, in consultation |
13 | | with the affected retirement systems and the
Governor's Office |
14 | | of Management and Budget (formerly
Bureau
of the Budget), shall |
15 | | consider and determine whether the funding goals 90% funding |
16 | | ratio
adopted in Articles 2, 14, 15, 16, and 18 of this Code |
17 | | continue subsection (b) continues to represent an appropriate |
18 | | funding goals goal for
those State-funded retirement systems in |
19 | | Illinois , and it shall report its findings
and recommendations |
20 | | on this subject to the Governor and the General Assembly.
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21 | | (Source: P.A. 93-1067, eff. 1-15-05.)
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22 | | (40 ILCS 5/2-101) (from Ch. 108 1/2, par. 2-101)
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23 | | Sec. 2-101. Creation of system. A retirement system is |
24 | | created to provide
retirement annuities, survivor's annuities |
25 | | and other benefits for certain
members of the General Assembly, |
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1 | | certain elected state officials , and their
beneficiaries.
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2 | | The system shall be known as the "General Assembly |
3 | | Retirement System".
All its funds and property shall be a trust |
4 | | separate from all other
entities, maintained for the purpose of |
5 | | securing payment of annuities and
benefits under this Article.
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6 | | Participation in the retirement system created under this |
7 | | Article is
restricted to persons who become participants before |
8 | | January 1, 2014.
Beginning on that date, the System shall not |
9 | | accept any new participants.
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10 | | (Source: P.A. 83-1440.)
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11 | | (40 ILCS 5/2-105) (from Ch. 108 1/2, par. 2-105)
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12 | | Sec. 2-105. Member. "Member": Members of the General |
13 | | Assembly of this
State , including persons who enter military |
14 | | service while a member of the
General Assembly , and any person |
15 | | serving as Governor, Lieutenant Governor,
Secretary of State, |
16 | | Treasurer, Comptroller, or Attorney General for the period
of |
17 | | service in such office.
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18 | | Any person who has served for 10 or more years as Clerk or |
19 | | Assistant Clerk
of the House of Representatives, Secretary or |
20 | | Assistant Secretary of the
Senate, or any combination thereof, |
21 | | may elect to become a member
of this system while thenceforth |
22 | | engaged in such service by filing a
written election with the |
23 | | board. Any person so electing shall be
deemed an active member |
24 | | of the General Assembly for the purpose of validating
and |
25 | | transferring any service credits earned under any of the funds |
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1 | | and systems
established under Articles 3 through 18 of this |
2 | | Code.
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3 | | However, notwithstanding any other provision of this |
4 | | Article, a person
shall not be deemed a member for the purposes |
5 | | of this Article unless he or she
became a participant of the |
6 | | System before January 1, 2014.
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7 | | (Source: P.A. 85-1008.)
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8 | | (40 ILCS 5/2-105.1 new) |
9 | | Sec. 2-105.1. Tier I participant. "Tier I participant": A |
10 | | participant who first became a participant before January 1, |
11 | | 2011. |
12 | | (40 ILCS 5/2-105.2 new) |
13 | | Sec. 2-105.2. Tier I retiree. "Tier I retiree" means a |
14 | | former Tier I participant who is receiving a retirement |
15 | | annuity.
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16 | | (40 ILCS 5/2-107) (from Ch. 108 1/2, par. 2-107)
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17 | | Sec. 2-107. Participant. "Participant": Any member who |
18 | | elects to
participate; and any former member who elects to |
19 | | continue participation
under Section 2-117.1, for the duration |
20 | | of such continued participation. However, notwithstanding any |
21 | | other provision of this Article, a person
shall not be deemed a |
22 | | participant for the purposes of this Article unless he or she
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23 | | became a participant of the System before January 1, 2014.
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1 | | (Source: P.A. 86-1488.)
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2 | | (40 ILCS 5/2-108) (from Ch. 108 1/2, par. 2-108)
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3 | | Sec. 2-108. Salary. "Salary": (1) For members of the |
4 | | General Assembly,
the total compensation paid to the member by |
5 | | the State for one
year of service, including the additional |
6 | | amounts, if any, paid to
the member as an officer pursuant to |
7 | | Section 1 of "An Act
in relation to the compensation and |
8 | | emoluments of the members of the
General Assembly", approved |
9 | | December 6, 1907, as now or hereafter
amended.
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10 | | (2) For the State executive officers specified
in Section |
11 | | 2-105, the total compensation paid to the member for one year
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12 | | of service.
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13 | | (3) For members of the System who are participants under |
14 | | Section
2-117.1, or who are serving as Clerk or Assistant Clerk |
15 | | of the House of
Representatives or Secretary or Assistant |
16 | | Secretary of the Senate, the
total compensation paid to the |
17 | | member for one year of service, but not to
exceed the salary of |
18 | | the highest salaried officer of the General Assembly.
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19 | | However, in the event that federal law results in any |
20 | | participant
receiving imputed income based on the value of |
21 | | group term life insurance
provided by the State, such imputed |
22 | | income shall not be included in salary
for the purposes of this |
23 | | Article.
|
24 | | Notwithstanding any other provision of this Code, the |
25 | | salary of a Tier I participant for the purposes of this Code |
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1 | | shall not exceed, for periods of service in a term of office |
2 | | beginning on or after the effective date of this amendatory Act |
3 | | of the 98th General Assembly, the greater of (i) the annual |
4 | | contribution and benefit base established for the applicable |
5 | | year by the Commissioner of Social Security under the federal |
6 | | Social Security Act or (ii) the annual salary of the |
7 | | participant during the 365 days immediately preceding that |
8 | | effective date. |
9 | | (Source: P.A. 86-27; 86-273; 86-1028; 86-1488.)
|
10 | | (40 ILCS 5/2-119) (from Ch. 108 1/2, par. 2-119)
|
11 | | Sec. 2-119. Retirement annuity - conditions for |
12 | | eligibility. |
13 | | (a)
A participant whose service as a
member is terminated, |
14 | | regardless of age or cause, is entitled to a retirement
annuity |
15 | | beginning on the date specified by the participant in
a written |
16 | | application subject to the following conditions:
|
17 | | 1. The date the annuity begins does not precede
the |
18 | | date of final
termination of service, or is not more than |
19 | | 30 days before the receipt
of the application
by the board |
20 | | in the case of annuities based on disability or one year |
21 | | before
the receipt of the application in the case of |
22 | | annuities
based on attained age;
|
23 | | 2. The participant meets one of the following |
24 | | eligibility requirements: |
25 | | For a participant who first becomes a participant of |
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1 | | this System before January 1, 2011 (the effective date of |
2 | | Public Act 96-889):
|
3 | | (A) He or she has attained age 55 and has at least |
4 | | 8 years of service credit;
|
5 | | (B) He or she has attained age 62 and terminated |
6 | | service after July 1,
1971 with at least 4 years of |
7 | | service credit; or
|
8 | | (C) He or she has completed 8 years of service and |
9 | | has become
permanently disabled and as a consequence, |
10 | | is unable to perform the duties
of his or her office.
|
11 | | For a participant who first becomes a participant of |
12 | | this System on or after January 1, 2011 (the effective date |
13 | | of Public Act 96-889), he or she has attained age 67 and |
14 | | has at least 8 years of service credit. |
15 | | (a-5) Notwithstanding subsection (a) of this Section, for a |
16 | | Tier I participant who begins receiving a retirement annuity |
17 | | under this Section after July 1, 2013: |
18 | | (1) If the Tier I participant is at least 45 years old |
19 | | on the effective date of this amendatory Act of the 98th |
20 | | General Assembly, then the references to age 55 and 62 in |
21 | | subsection (a) of this Section remain unchanged. |
22 | | (2) If the Tier I participant is at least 40 but less |
23 | | than 45 years old on the effective date of this amendatory |
24 | | Act of the 98th General Assembly, then the references to |
25 | | age 55 and 62 in subsection (a) of this Section are |
26 | | increased by one year. |
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1 | | (3) If the Tier I participant is at least 35 but less |
2 | | than 40 years old on the effective date of this amendatory |
3 | | Act of the 98th General Assembly, then the references to |
4 | | age 55 and 62 in subsection (a) of this Section are |
5 | | increased by 3 years. |
6 | | (4) If the Tier I participant is less than 35 years old |
7 | | on the effective date of this amendatory Act of the 98th |
8 | | General Assembly, then the references to age 55 and 62 in |
9 | | subsection (a) of this Section are increased by 5 years. |
10 | | Notwithstanding Section 1-103.1, this subsection (a-5) |
11 | | applies without regard to whether or not the Tier I member is |
12 | | in active service under this Article on or after the effective |
13 | | date of this amendatory Act of the 98th General Assembly. |
14 | | (a-5) A participant who first becomes a participant of this |
15 | | System on or after January 1, 2011 (the effective date of |
16 | | Public Act 96-889) who has attained age 62 and has at least 8 |
17 | | years of service credit may elect to receive the lower |
18 | | retirement annuity provided
in paragraph (c) of Section |
19 | | 2-119.01 of this Code. |
20 | | (b) A participant shall be considered permanently disabled |
21 | | only if:
(1) disability occurs while in service and is
of such |
22 | | a nature
as to prevent him or her from reasonably performing |
23 | | the duties of his
or her office at
the time; and (2) the board |
24 | | has received a written certificate by at
least 2 licensed |
25 | | physicians appointed by the board stating that the member is
|
26 | | disabled and that the disability is likely to be permanent.
|
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1 | | (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
|
2 | | (40 ILCS 5/2-119.1) (from Ch. 108 1/2, par. 2-119.1)
|
3 | | Sec. 2-119.1. Automatic increase in retirement annuity.
|
4 | | (a) Except as provided in subsections (a-1), (a-2), and |
5 | | (a-3) of this Section, a A participant who retires after June |
6 | | 30, 1967, and who has not
received an initial increase under |
7 | | this Section before the effective date
of this amendatory Act |
8 | | of 1991, shall, in January or July next following
the first |
9 | | anniversary of retirement, whichever occurs first, and in the |
10 | | same
month of each year thereafter, but in no event prior to |
11 | | age 60, have the amount
of the originally granted retirement |
12 | | annuity increased as follows: for each
year through 1971, 1 |
13 | | 1/2%; for each year from 1972 through 1979, 2%; and for
1980 |
14 | | and each year thereafter, 3%. Annuitants who have received an |
15 | | initial
increase under this subsection prior to the effective |
16 | | date of this amendatory
Act of 1991 shall continue to receive |
17 | | their annual increases in the same month
as the initial |
18 | | increase.
|
19 | | (a-1) Notwithstanding any other provision of this Article, |
20 | | except subsection (a-3) of this Section, for a Tier I retiree, |
21 | | the amount of each automatic annual increase in retirement |
22 | | annuity occurring on or after the effective date of this |
23 | | amendatory Act of the 98th General Assembly shall be the lesser |
24 | | of $750 or 3% of the total annuity
payable at the time of the |
25 | | increase, including previous increases granted. |
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1 | | (a-2) Notwithstanding any other provision of this Article, |
2 | | except subsection (a-3) of this Section, for a Tier I retiree, |
3 | | the monthly retirement annuity shall first be subject to annual |
4 | | increases on the January 1 occurring on or next after the |
5 | | attainment of age 67 or the January 1 occurring on or next |
6 | | after the fifth anniversary of the annuity start date, |
7 | | whichever occurs earlier. If on the effective date of this |
8 | | amendatory Act of the 98th General Assembly a Tier I retiree |
9 | | has already received an annual increase under this Section but |
10 | | does not yet meet the new eligibility requirements of this |
11 | | 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 any other provision of this Article, |
16 | | a Tier I retiree is ineligible to receive an automatic annual |
17 | | increase in retirement annuity pursuant to this Section, unless |
18 | | he or she has 20 years of creditable service under this |
19 | | Article. If on the effective date of this amendatory Act of the |
20 | | 98th General Assembly a Tier I retiree has already received an |
21 | | annual increase under this Section but does not yet meet the |
22 | | new eligibility requirements of this subsection, the annual |
23 | | increases already received shall continue in force, but no |
24 | | additional annual increase shall be granted until the Tier I |
25 | | retiree meets the new eligibility requirements. |
26 | | (a-4) Notwithstanding Section 1-103.1, subsections (a-1), |
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1 | | (a-2), and (a-3) of this Section apply without regard to |
2 | | whether or not the Tier I retiree is in active service under |
3 | | this Article on or after the effective date of this amendatory |
4 | | Act of the 98th General Assembly. |
5 | | (b) Beginning January 1, 1990, for eligible participants |
6 | | who remain
in service after attaining 20 years of creditable |
7 | | service, the 3% increases
provided under subsection (a) shall |
8 | | begin to accrue on the January 1 next
following the date upon |
9 | | which the participant (1) attains age 55, or (2)
attains 20 |
10 | | years of creditable service, whichever occurs later, and shall
|
11 | | continue to accrue while the participant remains in service; |
12 | | such increases
shall become payable on January 1 or July 1, |
13 | | whichever occurs first, next
following the first anniversary of |
14 | | retirement. For any person who has service
credit in the System |
15 | | for the entire period from January 15, 1969 through
December |
16 | | 31, 1992, regardless of the date of termination of service, the
|
17 | | reference to age 55 in clause (1) of this subsection (b) shall |
18 | | be deemed to
mean age 50.
|
19 | | This subsection (b) does not apply to any person who first |
20 | | becomes a
member of the System after August 8, 2003 ( the |
21 | | effective date of Public Act 93-494) this amendatory Act of
the |
22 | | 93rd General Assembly .
|
23 | | (b-5) Notwithstanding any other provision of this Article, |
24 | | a participant who first becomes a participant on or after |
25 | | January 1, 2011 (the effective date of Public Act 96-889) |
26 | | shall, in January or July next following the first anniversary |
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1 | | of retirement, whichever occurs first, and in the same month of |
2 | | each year thereafter, but in no event prior to age 67, have the |
3 | | amount of the originally granted retirement annuity then being |
4 | | paid increased by 3% or one-half the annual unadjusted |
5 | | percentage increase in the Consumer Price Index for All Urban |
6 | | Consumers as determined by the Public Pension Division of the |
7 | | Department of Insurance under subsection (a) of Section |
8 | | 2-108.1, whichever is less. The changes made to this subsection |
9 | | by this amendatory Act of the 98th General Assembly do not |
10 | | apply to any automatic annual increase granted under this |
11 | | subsection before the effective date of this amendatory Act. |
12 | | (c) The foregoing provisions relating to automatic |
13 | | increases are not
applicable to a participant who retires |
14 | | before having made contributions
(at the rate prescribed in |
15 | | Section 2-126) for automatic increases for less
than the |
16 | | equivalent of one full year. However, in order to be eligible |
17 | | for
the automatic increases, such a participant may make |
18 | | arrangements to pay
to the system the amount required to bring |
19 | | the total contributions for the
automatic increase to the |
20 | | equivalent of one year's contributions based upon
his or her |
21 | | last salary.
|
22 | | (d) A participant who terminated service prior to July 1, |
23 | | 1967, with at
least 14 years of service is entitled to an |
24 | | increase in retirement annuity
beginning January, 1976, and to |
25 | | additional increases in January of each
year thereafter.
|
26 | | The initial increase shall be 1 1/2% of the originally |
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1 | | granted retirement
annuity multiplied by the number of full |
2 | | years that the annuitant was in
receipt of such annuity prior |
3 | | to January 1, 1972, plus 2% of the originally
granted |
4 | | retirement annuity for each year after that date. The |
5 | | subsequent
annual increases shall be at the rate of 2% of the |
6 | | originally granted
retirement annuity for each year through |
7 | | 1979 and at the rate of 3% for
1980 and thereafter.
|
8 | | (e) Beginning January 1, 1990, all automatic annual |
9 | | increases payable
under this Section shall be calculated as a |
10 | | percentage of the total annuity
payable at the time of the |
11 | | increase, including previous increases granted
under this |
12 | | Article.
|
13 | | (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
|
14 | | (40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1)
|
15 | | Sec. 2-121.1. Survivor's annuity - amount.
|
16 | | (a) A surviving spouse shall be entitled to 66 2/3% of the |
17 | | amount of
retirement annuity to which the participant or |
18 | | annuitant was entitled on
the date of death, without regard to |
19 | | whether the participant had attained
age 55 prior to his or her |
20 | | death, subject to a minimum payment of 10% of
salary. If a |
21 | | surviving spouse, regardless of age, has in his or her care
at |
22 | | the date of death any eligible child or children of the |
23 | | participant, the
survivor's annuity shall be the greater of the |
24 | | following: (1) 66 2/3% of
the amount of retirement annuity to |
25 | | which the participant or annuitant was
entitled on the date of |
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1 | | death, or (2) 30% of the participant's salary
increased by 10% |
2 | | of salary on account of each such child, subject to a
total |
3 | | payment for the surviving spouse and children of 50% of salary. |
4 | | If
eligible children survive but there is no surviving spouse, |
5 | | or if the
surviving spouse dies or becomes disqualified by
|
6 | | remarriage while eligible children survive, each
eligible |
7 | | child shall be entitled to an annuity of 20% of salary, subject
|
8 | | to a maximum total payment for all such children of 50% of |
9 | | salary.
|
10 | | However, the survivor's annuity payable under this Section |
11 | | shall not be
less than 100% of the amount of retirement annuity |
12 | | to which the participant
or annuitant was entitled on the date |
13 | | of death, if he or she is survived by
a dependent disabled |
14 | | child.
|
15 | | The salary to be used for determining these benefits shall |
16 | | be the
salary used for determining the amount of retirement |
17 | | annuity as provided
in Section 2-119.01.
|
18 | | (b) Upon the death of a participant after the termination |
19 | | of service or
upon death of an annuitant, the maximum total |
20 | | payment to a surviving spouse
and eligible children, or to |
21 | | eligible children alone if there is no surviving
spouse, shall |
22 | | be 75% of the retirement annuity to which the participant
or |
23 | | annuitant was entitled, unless there is a dependent disabled |
24 | | child
among the survivors.
|
25 | | (c) When a child ceases to be an eligible child, the |
26 | | annuity to that
child, or to the surviving spouse on account of |
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1 | | that child, shall thereupon
cease, and the annuity payable to |
2 | | the surviving spouse or other eligible
children shall be |
3 | | recalculated if necessary.
|
4 | | Upon the ineligibility of the last eligible child, the |
5 | | annuity shall
immediately revert to the amount payable upon |
6 | | death of a participant or
annuitant who leaves no eligible |
7 | | children. If the surviving spouse is then
under age 50, the |
8 | | annuity as revised shall be deferred until the attainment
of |
9 | | age 50.
|
10 | | (d) Beginning January 1, 1990, every survivor's annuity |
11 | | shall be increased
(1) on each January 1 occurring on or after |
12 | | the commencement of the annuity if
the deceased member died |
13 | | while receiving a retirement annuity, or (2) in
other cases, on |
14 | | each January 1 occurring on or after the first anniversary
of |
15 | | the commencement of the annuity, by an amount equal to 3% of |
16 | | the current
amount of the annuity, including any previous |
17 | | increases under this Article.
Such increases shall apply |
18 | | without regard to whether the deceased member
was in service on |
19 | | or after the effective date of this amendatory Act of
1991, but |
20 | | shall not accrue for any period prior to January 1, 1990.
|
21 | | (d-5) Notwithstanding any other provision of this Article, |
22 | | the initial survivor's annuity of a survivor of a participant |
23 | | who first becomes a participant on or after January 1, 2011 |
24 | | (the effective date of Public Act 96-889) shall be in the |
25 | | amount of 66 2/3% of the amount of the retirement annuity to |
26 | | which the participant or annuitant was entitled on the date of |
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1 | | death and shall be increased (1) on each January 1 occurring on |
2 | | or after the commencement of the annuity if
the deceased member |
3 | | died while receiving a retirement annuity or (2) in
other |
4 | | cases, on each January 1 occurring on or after the first |
5 | | anniversary
of the commencement of the annuity, by an amount |
6 | | equal to 3% or one-half the annual unadjusted percentage |
7 | | increase in the Consumer Price Index for All Urban Consumers as |
8 | | determined by the Public Pension Division of the Department of |
9 | | Insurance under subsection (a) of Section 2-108.1, whichever is |
10 | | less, of the originally granted survivor's annuity then being |
11 | | paid . The changes made to this subsection by this amendatory |
12 | | Act of the 98th General Assembly do not apply to any automatic |
13 | | annual increase granted under this subsection before the |
14 | | effective date of this amendatory Act. |
15 | | (e) Notwithstanding any other provision of this Article, |
16 | | beginning
January 1, 1990, the minimum survivor's annuity |
17 | | payable to any person who
is entitled to receive a survivor's |
18 | | annuity under this Article shall be
$300 per month, without |
19 | | regard to whether or not the deceased participant
was in |
20 | | service on the effective date of this amendatory Act of 1989.
|
21 | | (f) In the case of a proportional survivor's annuity |
22 | | arising under
the Retirement Systems Reciprocal Act where the |
23 | | amount payable by the
System on January 1, 1993 is less than |
24 | | $300 per month, the amount payable
by the System shall be |
25 | | increased beginning on that date by a monthly amount
equal to |
26 | | $2 for each full year that has expired since the annuity began.
|
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1 | | (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
|
2 | | (40 ILCS 5/2-124) (from Ch. 108 1/2, par. 2-124)
|
3 | | Sec. 2-124. Contributions by State.
|
4 | | (a) The State shall make contributions to the System by
|
5 | | appropriations of amounts which, together with the |
6 | | contributions of
participants, interest earned on investments, |
7 | | and other income
will meet the cost of maintaining and |
8 | | administering the System on a 100% 90%
funded basis in |
9 | | accordance with actuarial recommendations by the end of State |
10 | | fiscal year 2043 .
|
11 | | (b) The Board shall determine the amount of State
|
12 | | contributions required for each fiscal year on the basis of the
|
13 | | actuarial tables and other assumptions adopted by the Board and |
14 | | the
prescribed rate of interest, using the formula in |
15 | | subsection (c).
|
16 | | (c) For State fiscal years 2014 through 2043, 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 2043. 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 2043 and shall be
determined under the projected |
2 | | unit credit actuarial cost method. |
3 | | For State fiscal years 2012 and 2013 through 2045 , the |
4 | | minimum contribution
to the System to be made by the State for |
5 | | each fiscal year shall be an amount
determined by the System to |
6 | | be sufficient to bring the total assets of the
System up to 90% |
7 | | of the total actuarial liabilities of the System by the end of
|
8 | | State fiscal year 2045. In making these determinations, the |
9 | | required State
contribution shall be calculated each year as a |
10 | | level percentage of payroll
over the years remaining to and |
11 | | including fiscal year 2045 and shall be
determined under the |
12 | | projected unit credit actuarial cost method.
|
13 | | For State fiscal years 1996 through 2005, the State |
14 | | contribution to
the System, as a percentage of the applicable |
15 | | employee payroll, shall be
increased in equal annual increments |
16 | | so that by State fiscal year 2011, the
State is contributing at |
17 | | the rate required under this Section.
|
18 | | Notwithstanding any other provision of this Article, the |
19 | | total required State
contribution for State fiscal year 2006 is |
20 | | $4,157,000.
|
21 | | Notwithstanding any other provision of this Article, the |
22 | | total required State
contribution for State fiscal year 2007 is |
23 | | $5,220,300.
|
24 | | For each of State fiscal years 2008 through 2009, 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 | | from the required State contribution for State fiscal year |
2 | | 2007, so that by State fiscal year 2011, the
State is |
3 | | contributing at the rate otherwise required under this Section.
|
4 | | Notwithstanding any other provision of this Article, the |
5 | | total required State contribution for State fiscal year 2010 is |
6 | | $10,454,000 and shall be made from the proceeds of bonds sold |
7 | | in fiscal year 2010 pursuant to Section 7.2 of the General |
8 | | Obligation Bond Act, less (i) the pro rata share of bond sale |
9 | | expenses determined by the System's share of total bond |
10 | | proceeds, (ii) any amounts received from the General Revenue |
11 | | Fund in fiscal year 2010, and (iii) any reduction in bond |
12 | | proceeds due to the issuance of discounted bonds, if |
13 | | applicable. |
14 | | Notwithstanding any other provision of this Article, the
|
15 | | total required State contribution for State fiscal year 2011 is
|
16 | | the amount recertified by the System on or before April 1, 2011 |
17 | | pursuant to Section 2-134 and shall be made from the proceeds |
18 | | of bonds sold
in fiscal year 2011 pursuant to Section 7.2 of |
19 | | the General
Obligation Bond Act, less (i) the pro rata share of |
20 | | bond sale
expenses determined by the System's share of total |
21 | | bond
proceeds, (ii) any amounts received from the General |
22 | | Revenue
Fund in fiscal year 2011, and (iii) any reduction in |
23 | | bond
proceeds due to the issuance of discounted bonds, if
|
24 | | applicable. |
25 | | Beginning in State fiscal year 2044, the minimum State |
26 | | contribution for each fiscal year shall be the amount needed to |
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1 | | maintain the total assets of the System at 100% of the total |
2 | | actuarial liabilities of the System. |
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 2013 , as
calculated under this Section and
|
23 | | certified under Section 2-134, shall not exceed an amount equal |
24 | | to (i) the
amount of the required State contribution that would |
25 | | have been calculated under
this Section for that fiscal year if |
26 | | the System had not received any payments
under subsection (d) |
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1 | | of Section 7.2 of the General Obligation Bond Act, minus
(ii) |
2 | | the portion of the State's total debt service payments for that |
3 | | fiscal
year on the bonds issued in fiscal year 2003 for the |
4 | | purposes of that Section 7.2, as determined
and certified by |
5 | | the Comptroller, that is the same as the System's portion of
|
6 | | the total moneys distributed under subsection (d) of Section |
7 | | 7.2 of the General
Obligation Bond Act. In determining this |
8 | | maximum for State fiscal years 2008 through 2010, however, the |
9 | | amount referred to in item (i) shall be increased, as a |
10 | | percentage of the applicable employee payroll, in equal |
11 | | increments calculated from the sum of the required State |
12 | | contribution for State fiscal year 2007 plus the applicable |
13 | | portion of the State's total debt service payments for fiscal |
14 | | year 2007 on the bonds issued in fiscal year 2003 for the |
15 | | purposes of Section 7.2 of the General
Obligation Bond Act, so |
16 | | that, by State fiscal year 2011, the
State is contributing at |
17 | | the rate otherwise required under this Section.
|
18 | | (d) For purposes of determining the required State |
19 | | contribution to the System, the value of the System's assets |
20 | | shall be equal to the actuarial value of the System's assets, |
21 | | which shall be calculated as follows: |
22 | | As of June 30, 2008, the actuarial value of the System's |
23 | | assets shall be equal to the market value of the assets as of |
24 | | that date. In determining the actuarial value of the System's |
25 | | assets for fiscal years after June 30, 2008, any actuarial |
26 | | gains or losses from investment return incurred in a fiscal |
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1 | | year shall be recognized in equal annual amounts over the |
2 | | 5-year period following that fiscal year. |
3 | | (e) For purposes of determining the required State |
4 | | contribution to the system for a particular year, the actuarial |
5 | | value of assets shall be assumed to earn a rate of return equal |
6 | | to the system's actuarially assumed rate of return. |
7 | | (Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; |
8 | | 96-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-813, eff. |
9 | | 7-13-12.)
|
10 | | (40 ILCS 5/2-125) (from Ch. 108 1/2, par. 2-125)
|
11 | | Sec. 2-125. Obligations of State ; funding guarantee . |
12 | | (a) The payment of (1) the required State contributions, |
13 | | (2) all benefits
granted under this system and (3) all expenses |
14 | | of administration and
operation are obligations of the State to |
15 | | the extent specified in this
Article.
|
16 | | (b) All income, interest and dividends derived from |
17 | | deposits and investments
shall be credited to the account of |
18 | | the system in the State Treasury and
used to pay benefits under |
19 | | this Article.
|
20 | | (c) Beginning July 1, 2013, the State shall be |
21 | | contractually obligated to contribute to the System under |
22 | | Section 2-124 in each State fiscal year an amount not less than |
23 | | the sum of (i) the State's normal cost for that year and
(ii) |
24 | | the portion of the unfunded accrued liability assigned to that |
25 | | year by law in accordance with a schedule that distributes |
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1 | | payments equitably over a reasonable period of time and in |
2 | | accordance with accepted actuarial practices. The obligations |
3 | | created under this subsection (c) are contractual obligations |
4 | | protected and enforceable under Article I, Section 16 and |
5 | | Article XIII, Section 5 of the Illinois Constitution. |
6 | | Notwithstanding any other provision of law, if the State |
7 | | fails to pay in a State fiscal year the amount guaranteed under |
8 | | this subsection, the System may bring a mandamus action in the |
9 | | Circuit Court of Sangamon County to compel the State to make |
10 | | that payment, irrespective of other remedies that
may be |
11 | | available to the System. In ordering the State to make the |
12 | | required payment, the court may order a reasonable payment |
13 | | schedule to enable the State to make the required payment |
14 | | without significantly imperiling the public health, safety, or |
15 | | welfare. |
16 | | Any payments required to be made by the State pursuant to |
17 | | this subsection (c)
are expressly subordinated to the payment |
18 | | of the principal, interest, and premium, if any, on any
bonded |
19 | | debt obligation of the State or any other State-created entity, |
20 | | either currently outstanding or to
be issued, for which the |
21 | | source of repayment or security thereon is derived directly or |
22 | | indirectly from
tax revenues collected by the State or any |
23 | | other State-created entity. Payments on such bonded
|
24 | | obligations include any statutory fund transfers or other |
25 | | prefunding mechanisms or formulas set forth,
now or hereafter, |
26 | | in State law or bond indentures, into debt service funds or |
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1 | | accounts of the State
related to such bonded obligations, |
2 | | consistent with the payment schedules associated with such
|
3 | | obligations. |
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 who first becomes a |
9 | | participant on or after January 1, 2011 shall not exceed the |
10 | | contribution that would be due under this Article if that |
11 | | participant's highest salary for annuity purposes were |
12 | | $106,800, plus any increases in that amount under Section |
13 | | 2-108.1. |
14 | | (Source: P.A. 96-1490, eff. 1-1-11.)
|
15 | | (40 ILCS 5/2-134)
(from Ch. 108 1/2, par. 2-134)
|
16 | | Sec. 2-134. To certify required State contributions and |
17 | | submit vouchers.
|
18 | | (a) The Board shall certify to the Governor on or before |
19 | | December 15 of each
year through until December 15, 2011 the |
20 | | amount of the required State contribution to the System for the |
21 | | next
fiscal year and shall specifically identify the System's |
22 | | projected State normal cost for that fiscal year . The |
23 | | certification shall include a copy of the actuarial
|
24 | | recommendations upon which it is based and shall specifically |
25 | | identify the System's projected State normal cost for that |
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1 | | fiscal year .
|
2 | | (a-5) On or before November 1 of each year, beginning |
3 | | November 1, 2012, the Board shall submit to the State Actuary, |
4 | | the Governor, and the General Assembly a proposed certification |
5 | | of the amount of the required State contribution to the System |
6 | | for the next fiscal year, along with all of the actuarial |
7 | | assumptions, calculations, and data upon which that proposed |
8 | | certification is based. On or before January 1 of each year , |
9 | | beginning January 1, 2013, the State Actuary shall issue a |
10 | | preliminary report concerning the proposed certification and |
11 | | identifying, if necessary, recommended changes in actuarial |
12 | | assumptions that the Board must consider before finalizing its |
13 | | certification of the required State contributions. |
14 | | On or before January 15, 2013 and every January 15 |
15 | | thereafter, the Board shall certify to the Governor and the |
16 | | General Assembly the amount of the required State contribution |
17 | | for the next fiscal year. The Board's certification shall |
18 | | include a copy of the actuarial recommendations upon which it |
19 | | is based and shall specifically identify the System's projected |
20 | | State normal cost for that fiscal year. The Board's |
21 | | certification must note any deviations from the State Actuary's |
22 | | recommended changes, the reason or reasons for not following |
23 | | the State Actuary's recommended changes, and the fiscal impact |
24 | | of not following the State Actuary's recommended changes on the |
25 | | required State contribution. |
26 | | (a-7) On or before May 1, 2004, the Board shall recalculate |
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1 | | and recertify to
the Governor the amount of the required State |
2 | | contribution to the System for
State fiscal year 2005, taking |
3 | | into account the amounts appropriated to and
received by the |
4 | | System under subsection (d) of Section 7.2 of the General
|
5 | | Obligation Bond Act.
|
6 | | On or before July 1, 2005, the Board shall recalculate and |
7 | | recertify
to the Governor the amount of the required State
|
8 | | contribution to the System for State fiscal year 2006, taking |
9 | | into account the changes in required State contributions made |
10 | | by this amendatory Act of the 94th General Assembly.
|
11 | | On or before April 1, 2011, the Board shall recalculate and |
12 | | recertify to the Governor the amount of the required State |
13 | | contribution to the System for State fiscal year 2011, applying |
14 | | the changes made by Public Act 96-889 to the System's assets |
15 | | and liabilities as of June 30, 2009 as though Public Act 96-889 |
16 | | was approved on that date. |
17 | | (b) Beginning in State fiscal year 1996, on or as soon as |
18 | | possible after the
15th day of each month the Board shall |
19 | | submit vouchers for payment of State
contributions to the |
20 | | System, in a total monthly amount of one-twelfth of the
|
21 | | required annual State contribution certified under subsection |
22 | | (a).
From the effective date of this amendatory Act
of the 93rd |
23 | | General Assembly through June 30, 2004, the Board shall not
|
24 | | submit vouchers for the remainder of fiscal year 2004 in excess |
25 | | of the
fiscal year 2004 certified contribution amount |
26 | | determined
under this Section after taking into consideration |
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1 | | the transfer to the
System under subsection (d) of Section |
2 | | 6z-61 of the State Finance Act.
These
vouchers shall be paid by |
3 | | the State Comptroller and Treasurer by warrants drawn
on the |
4 | | funds appropriated to the System for that fiscal year. If in |
5 | | any month
the amount remaining unexpended from all other |
6 | | appropriations to the System for
the applicable fiscal year |
7 | | (including the appropriations to the System under
Section 8.12 |
8 | | of the State Finance Act and Section 1 of the State Pension |
9 | | Funds
Continuing Appropriation Act) is less than the amount |
10 | | lawfully vouchered under
this Section, the difference shall be |
11 | | paid from the General Revenue Fund under
the continuing |
12 | | appropriation authority provided in Section 1.1 of the State
|
13 | | Pension Funds Continuing Appropriation Act.
|
14 | | (c) The full amount of any annual appropriation for the |
15 | | System for
State fiscal year 1995 shall be transferred and made |
16 | | available to the System
at the beginning of that fiscal year at |
17 | | the request of the Board.
Any excess funds remaining at the end |
18 | | of any fiscal year from appropriations
shall be retained by the |
19 | | System as a general reserve to meet the System's
accrued |
20 | | liabilities.
|
21 | | (Source: P.A. 96-1497, eff. 1-14-11; 96-1511, eff. 1-27-11; |
22 | | 97-694, eff. 6-18-12.)
|
23 | | (40 ILCS 5/2-162)
|
24 | | Sec. 2-162. Application and expiration of new benefit |
25 | | increases. |
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1 | | (a) As used in this Section, "new benefit increase" means |
2 | | an increase in the amount of any benefit provided under this |
3 | | Article, or an expansion of the conditions of eligibility for |
4 | | any benefit under this Article, that results from an amendment |
5 | | to this Code that takes effect after the effective date of this |
6 | | amendatory Act of the 94th General Assembly. "New benefit |
7 | | increase", however, does not include any benefit increase |
8 | | resulting from the changes made to this Article by this |
9 | | amendatory Act of the 98th General Assembly. |
10 | | (b) Notwithstanding any other provision of this Code or any |
11 | | subsequent amendment to this Code, every new benefit increase |
12 | | is subject to this Section and shall be deemed to be granted |
13 | | only in conformance with and contingent upon compliance with |
14 | | the provisions of this Section.
|
15 | | (c) The Public Act enacting a new benefit increase must |
16 | | identify and provide for payment to the System of additional |
17 | | funding at least sufficient to fund the resulting annual |
18 | | increase in cost to the System as it accrues. |
19 | | Every new benefit increase is contingent upon the General |
20 | | Assembly providing the additional funding required under this |
21 | | subsection. The Commission on Government Forecasting and |
22 | | Accountability shall analyze whether adequate additional |
23 | | funding has been provided for the new benefit increase and |
24 | | shall report its analysis to the Public Pension Division of the |
25 | | Department of Financial and Professional Regulation. A new |
26 | | benefit increase created by a Public Act that does not include |
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1 | | the additional funding required under this subsection is null |
2 | | and void. If the Public Pension Division determines that the |
3 | | additional funding provided for a new benefit increase under |
4 | | this subsection is or has become inadequate, it may so certify |
5 | | to the Governor and the State Comptroller and, in the absence |
6 | | of corrective action by the General Assembly, the new benefit |
7 | | increase shall expire at the end of the fiscal year in which |
8 | | the certification is made.
|
9 | | (d) Every new benefit increase shall expire 5 years after |
10 | | its effective date or on such earlier date as may be specified |
11 | | in the language enacting the new benefit increase or provided |
12 | | under subsection (c). This does not prevent the General |
13 | | Assembly from extending or re-creating a new benefit increase |
14 | | by law. |
15 | | (e) Except as otherwise provided in the language creating |
16 | | the new benefit increase, a new benefit increase that expires |
17 | | under this Section continues to apply to persons who applied |
18 | | and qualified for the affected benefit while the new benefit |
19 | | increase was in effect and to the affected beneficiaries and |
20 | | alternate payees of such persons, but does not apply to any |
21 | | other person, including without limitation a person who |
22 | | continues in service after the expiration date and did not |
23 | | apply and qualify for the affected benefit while the new |
24 | | benefit increase was in effect.
|
25 | | (Source: P.A. 94-4, eff. 6-1-05.)
|
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1 | | (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
|
2 | | Sec. 7-109. Employee.
|
3 | | (1) "Employee" means any person who:
|
4 | | (a) 1. Receives earnings as payment for the performance |
5 | | of personal
services or official duties out of the |
6 | | general fund of a municipality,
or out of any special |
7 | | fund or funds controlled by a municipality, or by
an |
8 | | instrumentality thereof, or a participating |
9 | | instrumentality, including,
in counties, the fees or |
10 | | earnings of any county fee office; and
|
11 | | 2. Under the usual common law rules applicable in |
12 | | determining the
employer-employee relationship, has |
13 | | the status of an employee with a
municipality, or any |
14 | | instrumentality thereof, or a participating
|
15 | | instrumentality, including aldermen, county |
16 | | supervisors and other
persons (excepting those |
17 | | employed as independent contractors) who are
paid |
18 | | compensation, fees, allowances or other emolument for |
19 | | official
duties, and, in counties, the several county |
20 | | fee offices.
|
21 | | (b) Serves as a township treasurer appointed under the |
22 | | School
Code, as heretofore or hereafter amended, and
who |
23 | | receives for such services regular compensation as |
24 | | distinguished
from per diem compensation, and any regular |
25 | | employee in the office of
any township treasurer whether or |
26 | | not his earnings are paid from the
income of the permanent |
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1 | | township fund or from funds subject to
distribution to the |
2 | | several school districts and parts of school
districts as |
3 | | provided in the School Code, or from both such sources; or |
4 | | is the chief executive officer, chief educational officer, |
5 | | chief fiscal officer, or other employee of a Financial |
6 | | Oversight Panel established pursuant to Article 1H of the |
7 | | School Code, other than a superintendent or certified |
8 | | school business official, except that such person shall not |
9 | | be treated as an employee under this Section if that person |
10 | | has negotiated with the Financial Oversight Panel, in |
11 | | conjunction with the school district, a contractual |
12 | | agreement for exclusion from this Section.
|
13 | | (c) Holds an elective office in a municipality, |
14 | | instrumentality
thereof or participating instrumentality.
|
15 | | (2) "Employee" does not include persons who:
|
16 | | (a) Are eligible for inclusion under any of the |
17 | | following laws:
|
18 | | 1. "An Act in relation to an Illinois State |
19 | | Teachers' Pension and
Retirement Fund", approved May |
20 | | 27, 1915, as amended;
|
21 | | 2. Articles 15 and 16 of this Code.
|
22 | | However, such persons shall be included as employees to |
23 | | the extent of
earnings that are not eligible for inclusion |
24 | | under the foregoing laws
for services not of an |
25 | | instructional nature of any kind.
|
26 | | However, any member of the armed forces who is employed |
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1 | | as a teacher
of subjects in the Reserve Officers Training |
2 | | Corps of any school and who
is not certified under the law |
3 | | governing the certification of teachers
shall be included |
4 | | as an employee.
|
5 | | (b) Are designated by the governing body of a |
6 | | municipality in which a
pension fund is required by law to |
7 | | be established for policemen or
firemen, respectively, as |
8 | | performing police or fire protection duties,
except that |
9 | | when such persons are the heads of the police or fire
|
10 | | department and are not eligible to be included within any |
11 | | such pension
fund, they shall be included within this |
12 | | Article; provided, that such
persons shall not be excluded |
13 | | to the extent of concurrent service and
earnings not |
14 | | designated as being for police or fire protection duties.
|
15 | | However, (i) any head of a police department who was a |
16 | | participant under this
Article immediately before October |
17 | | 1, 1977 and did not elect, under Section
3-109 of this Act, |
18 | | to participate in a police pension fund shall be an
|
19 | | "employee", and (ii) any chief of police who elects to |
20 | | participate in this
Fund under Section 3-109.1 of this |
21 | | Code, regardless of whether such person
continues to be |
22 | | employed as chief of police or is employed in some other
|
23 | | rank or capacity within the police department, shall be an |
24 | | employee under
this Article for so long as such person is |
25 | | employed to perform police
duties by a participating |
26 | | municipality and has not lawfully rescinded that
election. |
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1 | | (c) After August 26, 2011 (the effective date of Public |
2 | | Act 97-609), are contributors to or eligible to contribute |
3 | | to a Taft-Hartley pension plan established on or before |
4 | | June 1, 2011 and are employees of a theatre, arena, or |
5 | | convention center that is located in a municipality located |
6 | | in a county with a population greater than 5,000,000, and |
7 | | to which the participating municipality is required to |
8 | | contribute as the person's employer based on earnings from |
9 | | the municipality. Nothing in this paragraph shall affect |
10 | | service credit or creditable service for any period of |
11 | | service prior to August 26, 2011, and this paragraph shall |
12 | | not apply to individuals who are participating in the Fund |
13 | | prior to August 26, 2011.
|
14 | | (d) Become an employee of any of the following |
15 | | participating instrumentalities on or after the effective |
16 | | date of this amendatory Act of the 98th General Assembly: |
17 | | the Illinois Municipal League; the Illinois Association of |
18 | | Park Districts; the Illinois Supervisors, County |
19 | | Commissioners and Superintendents of Highways Association; |
20 | | an association, or not-for-profit corporation, membership |
21 | | in which is authorized under Section 85-15 of the Township |
22 | | Code; the United Counties Council; or the Will County |
23 | | Governmental League. |
24 | | (3) All persons, including, without limitation, public |
25 | | defenders and
probation officers, who receive earnings from |
26 | | general or special funds
of a county for performance of |
|
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1 | | personal services or official duties
within the territorial |
2 | | limits of the county, are employees of the county
(unless |
3 | | excluded by subsection (2) of this Section) notwithstanding |
4 | | that
they may be appointed by and are subject to the direction |
5 | | of a person or
persons other than a county board or a county |
6 | | officer. It is hereby
established that an employer-employee |
7 | | relationship under the usual
common law rules exists between |
8 | | such employees and the county paying
their salaries by reason |
9 | | of the fact that the county boards fix their
rates of |
10 | | compensation, appropriate funds for payment of their earnings
|
11 | | and otherwise exercise control over them. This finding and this
|
12 | | amendatory Act shall apply to all such employees from the date |
13 | | of
appointment whether such date is prior to or after the |
14 | | effective date of
this amendatory Act and is intended to |
15 | | clarify existing law pertaining
to their status as |
16 | | participating employees in the Fund.
|
17 | | (Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11; |
18 | | 97-813, eff. 7-13-12.)
|
19 | | (40 ILCS 5/14-103.10) (from Ch. 108 1/2, par. 14-103.10)
|
20 | | Sec. 14-103.10. Compensation.
|
21 | | (a) For periods of service prior to January 1, 1978, the |
22 | | full rate of salary
or wages payable to an employee for |
23 | | personal services performed if he worked
the full normal |
24 | | working period for his position, subject to the following
|
25 | | maximum amounts: (1) prior to July 1, 1951, $400 per month or |
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1 | | $4,800 per year;
(2) between July 1, 1951 and June 30, 1957 |
2 | | inclusive, $625 per month or $7,500
per year; (3) beginning |
3 | | July 1, 1957, no limitation.
|
4 | | In the case of service of an employee in a position |
5 | | involving
part-time employment, compensation shall be |
6 | | determined according to the
employees' earnings record.
|
7 | | (b) For periods of service on and after January 1, 1978, |
8 | | all
remuneration for personal services performed defined as |
9 | | "wages" under
the Social Security Enabling Act, including that |
10 | | part of such
remuneration which is in excess of any maximum |
11 | | limitation provided in
such Act, and including any benefits |
12 | | received by an employee under a sick
pay plan in effect before |
13 | | January 1, 1981, but excluding lump sum salary
payments:
|
14 | | (1) for vacation,
|
15 | | (2) for accumulated unused sick leave,
|
16 | | (3) upon discharge or dismissal,
|
17 | | (4) for approved holidays.
|
18 | | (c) For periods of service on or after December 16, 1978, |
19 | | compensation
also includes any benefits, other than lump sum |
20 | | salary payments made at
termination of employment, which an |
21 | | employee receives or is eligible to
receive under a sick pay |
22 | | plan authorized by law.
|
23 | | (d) For periods of service after September 30, 1985, |
24 | | compensation also
includes any remuneration for personal |
25 | | services not included as "wages"
under the Social Security |
26 | | Enabling Act, which is deducted for purposes of
participation |
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1 | | in a program established pursuant to Section 125 of the
|
2 | | Internal Revenue Code or its successor laws.
|
3 | | (e) For members for which Section 1-160 applies for periods |
4 | | of service on and after January 1, 2011, all remuneration for |
5 | | personal services performed defined as "wages" under the Social |
6 | | Security Enabling Act, excluding remuneration that is in excess |
7 | | of the annual earnings, salary, or wages of a member or |
8 | | participant, as provided in subsection (b-5) of Section 1-160, |
9 | | but including any benefits received by an employee under a sick |
10 | | pay plan in effect before January 1, 1981.
Compensation shall |
11 | | exclude lump sum salary payments: |
12 | | (1) for vacation; |
13 | | (2) for accumulated unused sick leave; |
14 | | (3) upon discharge or dismissal; and |
15 | | (4) for approved holidays. |
16 | | (f) Notwithstanding any other provision of this Code, the |
17 | | compensation of a Tier I member for the purposes of this Code |
18 | | shall not exceed, for periods of service on or after the |
19 | | effective date of this amendatory Act of the 98th General |
20 | | Assembly, the greater of (i) the annual contribution and |
21 | | benefit base established for the applicable year by the |
22 | | Commissioner of Social Security under the federal Social |
23 | | Security Act or (ii) the annual compensation of the member |
24 | | during the 365 days immediately preceding that effective date; |
25 | | except that this limitation does not apply to a member's |
26 | | compensation that is determined under an employment contract or |
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1 | | collective bargaining agreement that is in effect on the |
2 | | effective date of this amendatory Act of the 98th General |
3 | | Assembly and has not been amended or renewed after that date. |
4 | | (g) Notwithstanding the other provisions of this Section, |
5 | | for an employee who first becomes a participant on or after the |
6 | | effective date of this amendatory Act of the 98th General |
7 | | Assembly, "compensation" does not include any payments or |
8 | | reimbursements for travel vouchers. |
9 | | (Source: P.A. 96-1490, eff. 1-1-11.)
|
10 | | (40 ILCS 5/14-103.40 new) |
11 | | Sec. 14-103.40. Tier I member. "Tier I member": A member of |
12 | | this System who first became a member or participant before |
13 | | January 1, 2011 under any reciprocal retirement system or |
14 | | pension fund established under this Code other than a |
15 | | retirement system or pension fund established under Article 2, |
16 | | 3, 4, 5, 6, or 18 of this Code. |
17 | | (40 ILCS 5/14-103.41 new) |
18 | | Sec. 14-103.41. Tier I retiree. "Tier I retiree": A former |
19 | | Tier I member who is receiving a retirement annuity.
|
20 | | (40 ILCS 5/14-106) (from Ch. 108 1/2, par. 14-106)
|
21 | | Sec. 14-106. Membership service credit.
|
22 | | (a) After January 1, 1944, all
service of a member since he |
23 | | last became a member with respect to which
contributions are |
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1 | | made shall count as membership service; provided, that
for |
2 | | service on and after July 1, 1950, 12 months of service shall
|
3 | | constitute a year of membership service, the completion of 15 |
4 | | days or
more of service during any month shall constitute 1 |
5 | | month of membership
service, 8 to 15 days shall constitute 1/2 |
6 | | month of membership service
and less than 8 days shall |
7 | | constitute 1/4 month of membership service.
The payroll record |
8 | | of each department shall constitute conclusive
evidence of the |
9 | | record of service rendered by a member.
|
10 | | (b) For a member who is employed and paid on an |
11 | | academic-year basis
rather than on a 12-month annual basis, |
12 | | employment for a full academic year
shall constitute a full |
13 | | year of membership service, except that the member
shall not |
14 | | receive more than one year of membership service credit (plus |
15 | | any
additional service credit granted for unused sick leave) |
16 | | for service during
any 12-month period. This subsection (b) |
17 | | applies to all such service for which
the member has not begun |
18 | | to receive a retirement annuity before January 1,
2001.
|
19 | | (c) A member who first participated in this System before |
20 | | the effective date of this amendatory Act of the 98th General |
21 | | Assembly shall be entitled to additional service credit, under
|
22 | | rules prescribed by the Board, for accumulated unused sick |
23 | | leave credited
to his account in the last Department on the |
24 | | date of withdrawal from
service or for any period for which he |
25 | | would have been eligible to receive
benefits under a sick pay |
26 | | plan authorized by law, if he had suffered a
sickness or |
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1 | | accident on the date of withdrawal from service. It shall be |
2 | | the
responsibility of the last Department to certify to the |
3 | | Board the length of
time salary or benefits would have been |
4 | | paid to the member based upon the
accumulated unused sick leave |
5 | | or the applicable sick pay plan if he had
become entitled |
6 | | thereto because of sickness on the date that his status as
an |
7 | | employee terminated. This period of service credit granted |
8 | | under this
paragraph shall not be considered in determining the |
9 | | date the retirement
annuity is to begin, or final average |
10 | | compensation.
|
11 | | Service credit is not available for unused sick leave |
12 | | accumulated by a person who first participates in this System |
13 | | on or after the effective date of this amendatory Act of the |
14 | | 98th General Assembly. |
15 | | (Source: P.A. 92-14, eff. 6-28-01.)
|
16 | | (40 ILCS 5/14-107) (from Ch. 108 1/2, par. 14-107)
|
17 | | Sec. 14-107. Retirement annuity - service and age - |
18 | | conditions. |
19 | | (a) A member is entitled to a retirement annuity after |
20 | | having at least 8 years of
creditable service.
|
21 | | (b) A member who has at least 35 years of creditable |
22 | | service may claim his
or her retirement annuity at any age.
A |
23 | | member having at least 8 years of creditable service but less |
24 | | than 35 may
claim his or her retirement annuity upon or after |
25 | | attainment of age 60
or, beginning January 1, 2001, any lesser |
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1 | | age which, when added to the
number of years of his or her |
2 | | creditable service, equals at least 85.
A member upon or after |
3 | | attainment of age 55 having at least 25 years of creditable |
4 | | service (30 years if retirement is before
January 1, 2001) may |
5 | | elect to receive the lower retirement annuity provided
in |
6 | | paragraph (c) of Section 14-108 of this Code. For purposes of |
7 | | the rule
of 85, portions of years shall be counted in whole |
8 | | months.
|
9 | | (c) Notwithstanding subsection (b) of this Section, for a |
10 | | Tier I member who begins receiving a retirement annuity under |
11 | | this Article after July 1, 2013: |
12 | | (1) If the Tier I member is at least 45 years old on |
13 | | the effective date of this amendatory Act of the 98th |
14 | | General Assembly, then the references to age 55 and 60 in |
15 | | subsection (b) of this Section remain unchanged and the |
16 | | references to 85 in subsection (b) of this Section remain |
17 | | unchanged. |
18 | | (2) If the Tier I member is at least 40 but less than |
19 | | 45 years old on the effective date of this amendatory Act |
20 | | of the 98th General Assembly, then the references to age 55 |
21 | | and 60 in subsection (b) of this Section are increased by |
22 | | one year and the references to 85 in subsection (b) are |
23 | | increased to 87. |
24 | | (3) If the Tier I member is at least 35 but less than |
25 | | 40 years old on the effective date of this amendatory Act |
26 | | of the 98th General Assembly, then the references to age 55 |
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1 | | and 60 in subsection (b) of this Section are increased by 3 |
2 | | years and the references to 85 in subsection (b) are |
3 | | increased to 91. |
4 | | (4) If the Tier I member is less than 35 years old on |
5 | | the effective date of this amendatory Act of the 98th |
6 | | General Assembly, then the references to age 55 and 60 in |
7 | | subsection (b) of this Section are increased by 5 years and |
8 | | the references to 85 in subsection (b) are increased to 95. |
9 | | Notwithstanding Section 1-103.1, this subsection (c) |
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 | | (d) The allowance shall begin with the first full calendar |
14 | | month specified in the
member's application therefor, the first |
15 | | day of which shall not be before the
date of withdrawal as |
16 | | approved by the board. Regardless of the date of
withdrawal, |
17 | | the allowance need not begin within one year of application
|
18 | | therefor.
|
19 | | (Source: P.A. 91-927, eff. 12-14-00.)
|
20 | | (40 ILCS 5/14-108) (from Ch. 108 1/2, par. 14-108)
|
21 | | Sec. 14-108. Amount of retirement annuity. A member who has |
22 | | contributed to the System for at least 12 months shall
be |
23 | | entitled to a prior service annuity for each year of certified |
24 | | prior
service credited to him, except that a member shall |
25 | | receive 1/3 of the prior
service annuity for each year of |
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1 | | service for which contributions have been
made and all of such |
2 | | annuity shall be payable after the member has made
|
3 | | contributions for a period of 3 years. Proportionate amounts |
4 | | shall be payable
for service of less than a full year after |
5 | | completion of at least 12 months.
|
6 | | The total period of service to be considered in |
7 | | establishing the measure
of prior service annuity shall include |
8 | | service credited in the Teachers'
Retirement System of the |
9 | | State of Illinois and the State Universities
Retirement System |
10 | | for which contributions have been made by the member to
such |
11 | | systems; provided that at least 1 year of the total period of 3 |
12 | | years
prescribed for the allowance of a full measure of prior |
13 | | service annuity
shall consist of membership service in this |
14 | | system for which credit has been
granted.
|
15 | | (a) In the case of a member who retires on or after January |
16 | | 1, 1998 and
is a noncovered employee, the retirement annuity |
17 | | for membership service and
prior service shall be 2.2% of final |
18 | | average compensation for each year of
service. Any service |
19 | | credit established as a covered employee shall be
computed as |
20 | | stated in
paragraph (b).
|
21 | | (b) In the case of a member who retires on or after January |
22 | | 1, 1998
and is a covered employee, the retirement annuity for |
23 | | membership
service and prior service shall be computed as |
24 | | stated in paragraph (a) for
all service credit established as a |
25 | | noncovered employee; for service credit
established as a |
26 | | covered employee it shall be 1.67% of final average
|
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1 | | compensation for each year of service.
|
2 | | (c) For a member
retiring after attaining age 55 but before |
3 | | age 60 with at least 30 but less
than 35 years of creditable |
4 | | service if retirement is before January 1, 2001, or
with at |
5 | | least 25 but less than 30 years of creditable service if |
6 | | retirement is
on or after January 1, 2001, the retirement |
7 | | annuity shall be reduced by 1/2
of 1% for each month that the |
8 | | member's age is under age 60 at the time of
retirement. For |
9 | | members to whom subsection (c) of Section 14-107 applies, the |
10 | | references to age 55 and 60 in this subsection (c) are |
11 | | increased as provided in subsection (c) of Section 14-107.
|
12 | | (d) A retirement annuity shall not exceed 75% of final |
13 | | average compensation,
subject to such extension as may result |
14 | | from the application of Section 14-114
or Section 14-115.
|
15 | | (e) The retirement annuity payable to any covered employee |
16 | | who is a member
of the System and in service on January 1, |
17 | | 1969, or in service thereafter
in 1969 as a result of |
18 | | legislation enacted by the Illinois General Assembly
|
19 | | transferring the member to State employment from county |
20 | | employment in a
county Department of Public Aid in counties of |
21 | | 3,000,000 or more population,
under a plan of coordination with |
22 | | the Old Age, Survivors and Disability
provisions thereof, if |
23 | | not fully insured for Old Age Insurance payments
under the |
24 | | Federal Old Age, Survivors and Disability Insurance provisions
|
25 | | at the date of acceptance of a retirement annuity, shall not be |
26 | | less than
the amount for which the member would have been |
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1 | | eligible if coordination
were not applicable.
|
2 | | (f) The retirement annuity payable to any covered employee |
3 | | who is a member
of the System and in service on January 1, |
4 | | 1969, or in service thereafter
in 1969 as a result of the |
5 | | legislation designated in the immediately preceding
paragraph, |
6 | | if fully insured for Old Age Insurance payments under the |
7 | | Federal
Social Security Act at the date of acceptance of a |
8 | | retirement annuity, shall
not be less than an amount which when |
9 | | added to the Primary Insurance Benefit
payable to the member |
10 | | upon attainment of age 65 under such Federal Act,
will equal |
11 | | the annuity which would otherwise be payable if the coordinated
|
12 | | plan of coverage were not applicable.
|
13 | | (g) In the case of a member who is a noncovered employee, |
14 | | the retirement
annuity for membership service as a security |
15 | | employee of the Department of
Corrections or security employee |
16 | | of the Department of Human Services shall
be: if retirement |
17 | | occurs on or after January 1, 2001, 3% of final average
|
18 | | compensation for each year of creditable service; or if |
19 | | retirement occurs
before January 1, 2001, 1.9% of final average |
20 | | compensation for each of the
first 10 years of service, 2.1% |
21 | | for each of the next 10 years of
service, 2.25% for each year |
22 | | of service in excess of 20 but not
exceeding 30, and 2.5% for |
23 | | each year in excess of 30; except that the
annuity may be |
24 | | calculated under subsection (a) rather than this subsection (g)
|
25 | | if the resulting annuity is greater.
|
26 | | (h) In the case of a member who is a covered employee, the |
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1 | | retirement
annuity for membership service as a security |
2 | | employee of the Department of
Corrections or security employee |
3 | | of the Department of Human Services shall
be: if retirement |
4 | | occurs on or after January 1, 2001, 2.5% of final average
|
5 | | compensation for each year of creditable service; if retirement |
6 | | occurs before
January 1, 2001, 1.67% of final average |
7 | | compensation for each of the first
10 years of service, 1.90% |
8 | | for each of the next 10 years of
service, 2.10% for each year |
9 | | of service in excess of 20 but not
exceeding 30, and 2.30% for |
10 | | each year in excess of 30.
|
11 | | (i) For the purposes of this Section and Section 14-133 of |
12 | | this Act,
the term "security employee of the Department of |
13 | | Corrections" and the term
"security employee of the Department |
14 | | of Human Services" shall have the
meanings ascribed to them in |
15 | | subsection (c) of Section 14-110.
|
16 | | (j) The retirement annuity computed pursuant to paragraphs |
17 | | (g) or (h)
shall be applicable only to those security employees |
18 | | of the Department of
Corrections and security employees of the |
19 | | Department of Human Services who
have at least 20 years of |
20 | | membership service and who are not eligible for
the alternative |
21 | | retirement annuity provided under Section 14-110. However,
|
22 | | persons transferring to this System under Section 14-108.2 or |
23 | | 14-108.2c
who have service credit under Article 16 of this Code |
24 | | may count such service
toward establishing their eligibility |
25 | | under the 20-year service requirement of
this subsection; but |
26 | | such service may be used only for establishing such
|
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1 | | eligibility, and not for the purpose of increasing or |
2 | | calculating any benefit.
|
3 | | (k) (Blank).
|
4 | | (l) The changes to this Section made by this amendatory Act |
5 | | of 1997
(changing certain retirement annuity formulas from a |
6 | | stepped rate to a flat
rate) apply to members who retire on or |
7 | | after January 1, 1998, without regard
to whether employment |
8 | | terminated before the effective date of this amendatory
Act of |
9 | | 1997. An annuity shall not be calculated in steps by using the |
10 | | new flat
rate for some steps and the superseded stepped rate |
11 | | for other steps of the same
type of service.
|
12 | | (Source: P.A. 91-927, eff. 12-14-00; 92-14, eff. 6-28-01.)
|
13 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
|
14 | | Sec. 14-110. Alternative retirement annuity.
|
15 | | (a) Any member who has withdrawn from service with not less |
16 | | than 20
years of eligible creditable service and has attained |
17 | | age 55, and any
member who has withdrawn from service with not |
18 | | less than 25 years of
eligible creditable service and has |
19 | | attained age 50, regardless of whether
the attainment of either |
20 | | of the specified ages occurs while the member is
still in |
21 | | service, shall be entitled to receive at the option of the |
22 | | member,
in lieu of the regular or minimum retirement annuity, a |
23 | | retirement annuity
computed as follows:
|
24 | | (i) for periods of service as a noncovered employee:
if |
25 | | retirement occurs on or after January 1, 2001, 3% of final
|
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1 | | average compensation for each year of creditable service; |
2 | | if retirement occurs
before January 1, 2001, 2 1/4% of |
3 | | final average compensation for each of the
first 10 years |
4 | | of creditable service, 2 1/2% for each year above 10 years |
5 | | to
and including 20 years of creditable service, and 2 3/4% |
6 | | for each year of
creditable service above 20 years; and
|
7 | | (ii) for periods of eligible creditable service as a |
8 | | covered employee:
if retirement occurs on or after January |
9 | | 1, 2001, 2.5% of final average
compensation for each year |
10 | | of creditable service; if retirement occurs before
January |
11 | | 1, 2001, 1.67% of final average compensation for each of |
12 | | the first
10 years of such service, 1.90% for each of the |
13 | | next 10 years of such service,
2.10% for each year of such |
14 | | service in excess of 20 but not exceeding 30, and
2.30% for |
15 | | each year in excess of 30.
|
16 | | Such annuity shall be subject to a maximum of 75% of final |
17 | | average
compensation if retirement occurs before January 1, |
18 | | 2001 or to a maximum
of 80% of final average compensation if |
19 | | retirement occurs on or after January
1, 2001.
|
20 | | These rates shall not be applicable to any service |
21 | | performed
by a member as a covered employee which is not |
22 | | eligible creditable service.
Service as a covered employee |
23 | | which is not eligible creditable service
shall be subject to |
24 | | the rates and provisions of Section 14-108.
|
25 | | (a-5) Notwithstanding subsection (a) of this Section, for a |
26 | | Tier I member who begins receiving a retirement annuity under |
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1 | | this Section after July 1, 2013: |
2 | | (1) If the Tier I member is at least 45 years old on |
3 | | the effective date of this amendatory Act of the 98th |
4 | | General Assembly, then the references to age 50 and 55 in |
5 | | subsection (a) of this Section remain unchanged. |
6 | | (2) If the Tier I member is at least 40 but less than |
7 | | 45 years old on the effective date of this amendatory Act |
8 | | of the 98th General Assembly, then the references to age 50 |
9 | | and 55 in subsection (a) of this Section are increased by |
10 | | one year. |
11 | | (3) If the Tier I member is at least 35 but less than |
12 | | 40 years old on the effective date of this amendatory Act |
13 | | of the 98th General Assembly, then the references to age 50 |
14 | | and 55 in subsection (a) of this Section are increased by 3 |
15 | | years. |
16 | | (4) If the Tier I member is less than 35 years old on |
17 | | the effective date of this amendatory Act of the 98th |
18 | | General Assembly, then the references to age 50 and 55 in |
19 | | subsection (a) of this Section are increased by 5 years. |
20 | | Notwithstanding Section 1-103.1, this subsection (a-5) |
21 | | applies without regard to whether or not the Tier I member is |
22 | | in active service under this Article on or after the effective |
23 | | date of this amendatory Act of the 98th General Assembly. |
24 | | (b) For the purpose of this Section, "eligible creditable |
25 | | service" means
creditable service resulting from service in one |
26 | | or more of the following
positions:
|
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1 | | (1) State policeman;
|
2 | | (2) fire fighter in the fire protection service of a |
3 | | department;
|
4 | | (3) air pilot;
|
5 | | (4) special agent;
|
6 | | (5) investigator for the Secretary of State;
|
7 | | (6) conservation police officer;
|
8 | | (7) investigator for the Department of Revenue or the |
9 | | Illinois Gaming Board;
|
10 | | (8) security employee of the Department of Human |
11 | | Services;
|
12 | | (9) Central Management Services security police |
13 | | officer;
|
14 | | (10) security employee of the Department of |
15 | | Corrections or the Department of Juvenile Justice;
|
16 | | (11) dangerous drugs investigator;
|
17 | | (12) investigator for the Department of State Police;
|
18 | | (13) investigator for the Office of the Attorney |
19 | | General;
|
20 | | (14) controlled substance inspector;
|
21 | | (15) investigator for the Office of the State's |
22 | | Attorneys Appellate
Prosecutor;
|
23 | | (16) Commerce Commission police officer;
|
24 | | (17) arson investigator;
|
25 | | (18) State highway maintenance worker.
|
26 | | A person employed in one of the positions specified in this |
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1 | | subsection is
entitled to eligible creditable service for |
2 | | service credit earned under this
Article while undergoing the |
3 | | basic police training course approved by the
Illinois Law |
4 | | Enforcement Training
Standards Board, if
completion of that |
5 | | training is required of persons serving in that position.
For |
6 | | the purposes of this Code, service during the required basic |
7 | | police
training course shall be deemed performance of the |
8 | | duties of the specified
position, even though the person is not |
9 | | a sworn peace officer at the time of
the training.
|
10 | | (c) For the purposes of this Section:
|
11 | | (1) The term "state policeman" includes any title or |
12 | | position
in the Department of State Police that is held by |
13 | | an individual employed
under the State Police Act.
|
14 | | (2) The term "fire fighter in the fire protection |
15 | | service of a
department" includes all officers in such fire |
16 | | protection service
including fire chiefs and assistant |
17 | | fire chiefs.
|
18 | | (3) The term "air pilot" includes any employee whose |
19 | | official job
description on file in the Department of |
20 | | Central Management Services, or
in the department by which |
21 | | he is employed if that department is not covered
by the |
22 | | Personnel Code, states that his principal duty is the |
23 | | operation of
aircraft, and who possesses a pilot's license; |
24 | | however, the change in this
definition made by this |
25 | | amendatory Act of 1983 shall not operate to exclude
any |
26 | | noncovered employee who was an "air pilot" for the purposes |
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1 | | of this
Section on January 1, 1984.
|
2 | | (4) The term "special agent" means any person who by |
3 | | reason of
employment by the Division of Narcotic Control, |
4 | | the Bureau of Investigation
or, after July 1, 1977, the |
5 | | Division of Criminal Investigation, the
Division of |
6 | | Internal Investigation, the Division of Operations, or any
|
7 | | other Division or organizational
entity in the Department |
8 | | of State Police is vested by law with duties to
maintain |
9 | | public order, investigate violations of the criminal law of |
10 | | this
State, enforce the laws of this State, make arrests |
11 | | and recover property.
The term "special agent" includes any |
12 | | title or position in the Department
of State Police that is |
13 | | held by an individual employed under the State
Police Act.
|
14 | | (5) The term "investigator for the Secretary of State" |
15 | | means any person
employed by the Office of the Secretary of |
16 | | State and vested with such
investigative duties as render |
17 | | him ineligible for coverage under the Social
Security Act |
18 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
19 | | 218(l)(1)
of that Act.
|
20 | | A person who became employed as an investigator for the |
21 | | Secretary of
State between January 1, 1967 and December 31, |
22 | | 1975, and who has served as
such until attainment of age |
23 | | 60, either continuously or with a single break
in service |
24 | | of not more than 3 years duration, which break terminated |
25 | | before
January 1, 1976, shall be entitled to have his |
26 | | retirement annuity
calculated in accordance with |
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1 | | subsection (a), notwithstanding
that he has less than 20 |
2 | | years of credit for such service.
|
3 | | (6) The term "Conservation Police Officer" means any |
4 | | person employed
by the Division of Law Enforcement of the |
5 | | Department of Natural Resources and
vested with such law |
6 | | enforcement duties as render him ineligible for coverage
|
7 | | under the Social Security Act by reason of Sections |
8 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The |
9 | | term "Conservation Police Officer" includes
the positions |
10 | | of Chief Conservation Police Administrator and Assistant
|
11 | | Conservation Police Administrator.
|
12 | | (7) The term "investigator for the Department of |
13 | | Revenue" means any
person employed by the Department of |
14 | | Revenue and vested with such
investigative duties as render |
15 | | him ineligible for coverage under the Social
Security Act |
16 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
17 | | 218(l)(1)
of that Act.
|
18 | | The term "investigator for the Illinois Gaming Board" |
19 | | means any
person employed as such by the Illinois Gaming |
20 | | Board and vested with such
peace officer duties as render |
21 | | the person ineligible for coverage under the Social
|
22 | | Security Act by reason of Sections 218(d)(5)(A), |
23 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
|
24 | | (8) The term "security employee of the Department of |
25 | | Human Services"
means any person employed by the Department |
26 | | of Human Services who (i) is
employed at the Chester Mental |
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1 | | Health Center and has daily contact with the
residents |
2 | | thereof, (ii) is employed within a security unit at a |
3 | | facility
operated by the Department and has daily contact |
4 | | with the residents of the
security unit, (iii) is employed |
5 | | at a facility operated by the Department
that includes a |
6 | | security unit and is regularly scheduled to work at least
|
7 | | 50% of his or her working hours within that security unit, |
8 | | or (iv) is a mental health police officer.
"Mental health |
9 | | police officer" means any person employed by the Department |
10 | | of
Human Services in a position pertaining to the |
11 | | Department's mental health and
developmental disabilities |
12 | | functions who is vested with such law enforcement
duties as |
13 | | render the person ineligible for coverage under the Social |
14 | | Security
Act by reason of Sections 218(d)(5)(A), |
15 | | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" |
16 | | means that portion of a facility that is devoted to
the |
17 | | care, containment, and treatment of persons committed to |
18 | | the Department of
Human Services as sexually violent |
19 | | persons, persons unfit to stand trial, or
persons not |
20 | | guilty by reason of insanity. With respect to past |
21 | | employment,
references to the Department of Human Services |
22 | | include its predecessor, the
Department of Mental Health |
23 | | and Developmental Disabilities.
|
24 | | The changes made to this subdivision (c)(8) by Public |
25 | | Act 92-14 apply to persons who retire on or after January |
26 | | 1,
2001, notwithstanding Section 1-103.1.
|
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1 | | (9) "Central Management Services security police |
2 | | officer" means any
person employed by the Department of |
3 | | Central Management Services who is
vested with such law |
4 | | enforcement 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.
|
7 | | (10) For a member who first became an employee under |
8 | | this Article before July 1, 2005, the term "security |
9 | | employee of the Department of Corrections or the Department |
10 | | of Juvenile Justice"
means any employee of the Department |
11 | | of Corrections or the Department of Juvenile Justice or the |
12 | | former
Department of Personnel, and any member or employee |
13 | | of the Prisoner
Review Board, who has daily contact with |
14 | | inmates or youth by working within a
correctional facility |
15 | | or Juvenile facility operated by the Department of Juvenile |
16 | | Justice or who is a parole officer or an employee who has
|
17 | | direct contact with committed persons in the performance of |
18 | | his or her
job duties. For a member who first becomes an |
19 | | employee under this Article on or after July 1, 2005, the |
20 | | term means an employee of the Department of Corrections or |
21 | | the Department of Juvenile Justice who is any of the |
22 | | following: (i) officially headquartered at a correctional |
23 | | facility or Juvenile facility operated by the Department of |
24 | | Juvenile Justice, (ii) a parole officer, (iii) a member of |
25 | | the apprehension unit, (iv) a member of the intelligence |
26 | | unit, (v) a member of the sort team, or (vi) an |
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1 | | investigator.
|
2 | | (11) The term "dangerous drugs investigator" means any |
3 | | person who is
employed as such by the Department of Human |
4 | | Services.
|
5 | | (12) The term "investigator for the Department of State |
6 | | Police" means
a person employed by the Department of State |
7 | | Police who is vested under
Section 4 of the Narcotic |
8 | | Control Division Abolition Act with such
law enforcement |
9 | | powers as render him ineligible for coverage under the
|
10 | | Social Security Act by reason of Sections 218(d)(5)(A), |
11 | | 218(d)(8)(D) and
218(l)(1) of that Act.
|
12 | | (13) "Investigator for the Office of the Attorney |
13 | | General" means any
person who is employed as such by the |
14 | | Office of the Attorney General and
is vested with such |
15 | | investigative duties as render him ineligible for
coverage |
16 | | under the Social Security Act by reason of Sections |
17 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For |
18 | | the period before January 1,
1989, the term includes all |
19 | | persons who were employed as investigators by the
Office of |
20 | | the Attorney General, without regard to social security |
21 | | status.
|
22 | | (14) "Controlled substance inspector" means any person |
23 | | who is employed
as such by the Department of Professional |
24 | | Regulation and is vested with such
law enforcement duties |
25 | | as render him ineligible for coverage under the Social
|
26 | | Security Act by reason of Sections 218(d)(5)(A), |
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1 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term |
2 | | "controlled substance inspector" includes the Program
|
3 | | Executive of Enforcement and the Assistant Program |
4 | | Executive of Enforcement.
|
5 | | (15) The term "investigator for the Office of the |
6 | | State's Attorneys
Appellate Prosecutor" means a person |
7 | | employed in that capacity on a full
time basis under the |
8 | | authority of Section 7.06 of the State's Attorneys
|
9 | | Appellate Prosecutor's Act.
|
10 | | (16) "Commerce Commission police officer" means any |
11 | | person employed
by the Illinois Commerce Commission who is |
12 | | vested with such law
enforcement duties as render him |
13 | | ineligible for coverage under the Social
Security Act by |
14 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
|
15 | | 218(l)(1) of that Act.
|
16 | | (17) "Arson investigator" means any person who is |
17 | | employed as such by
the Office of the State Fire Marshal |
18 | | and is vested with such law enforcement
duties as render |
19 | | the person ineligible for coverage under the Social |
20 | | Security
Act by reason of Sections 218(d)(5)(A), |
21 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was |
22 | | employed as an arson
investigator on January 1, 1995 and is |
23 | | no longer in service but not yet
receiving a retirement |
24 | | annuity may convert his or her creditable service for
|
25 | | employment as an arson investigator into eligible |
26 | | creditable service by paying
to the System the difference |
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1 | | between the employee contributions actually paid
for that |
2 | | service and the amounts that would have been contributed if |
3 | | the
applicant were contributing at the rate applicable to |
4 | | persons with the same
social security status earning |
5 | | eligible creditable service on the date of
application.
|
6 | | (18) The term "State highway maintenance worker" means |
7 | | a person who is
either of the following:
|
8 | | (i) A person employed on a full-time basis by the |
9 | | Illinois
Department of Transportation in the position |
10 | | of
highway maintainer,
highway maintenance lead |
11 | | worker,
highway maintenance lead/lead worker,
heavy |
12 | | construction equipment operator,
power shovel |
13 | | operator, or
bridge mechanic; and
whose principal |
14 | | responsibility is to perform, on the roadway, the |
15 | | actual
maintenance necessary to keep the highways that |
16 | | form a part of the State
highway system in serviceable |
17 | | condition for vehicular traffic.
|
18 | | (ii) A person employed on a full-time basis by the |
19 | | Illinois
State Toll Highway Authority in the position |
20 | | of
equipment operator/laborer H-4,
equipment |
21 | | operator/laborer H-6,
welder H-4,
welder H-6,
|
22 | | mechanical/electrical H-4,
mechanical/electrical H-6,
|
23 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger |
24 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
|
25 | | roadway lighting H-6,
structural H-4,
structural H-6,
|
26 | | painter H-4, or
painter H-6; and
whose principal |
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1 | | responsibility is to perform, on the roadway, the |
2 | | actual
maintenance necessary to keep the Authority's |
3 | | tollways in serviceable condition
for vehicular |
4 | | traffic.
|
5 | | (d) A security employee of the Department of Corrections or |
6 | | the Department of Juvenile Justice, and a security
employee of |
7 | | the Department of Human Services who is not a mental health |
8 | | police
officer, shall not be eligible for the alternative |
9 | | retirement annuity provided
by this Section unless he or she |
10 | | meets the following minimum age and service
requirements at the |
11 | | time of retirement:
|
12 | | (i) 25 years of eligible creditable service and age 55; |
13 | | or
|
14 | | (ii) beginning January 1, 1987, 25 years of eligible |
15 | | creditable service
and age 54, or 24 years of eligible |
16 | | creditable service and age 55; or
|
17 | | (iii) beginning January 1, 1988, 25 years of eligible |
18 | | creditable service
and age 53, or 23 years of eligible |
19 | | creditable service and age 55; or
|
20 | | (iv) beginning January 1, 1989, 25 years of eligible |
21 | | creditable service
and age 52, or 22 years of eligible |
22 | | creditable service and age 55; or
|
23 | | (v) beginning January 1, 1990, 25 years of eligible |
24 | | creditable service
and age 51, or 21 years of eligible |
25 | | creditable service and age 55; or
|
26 | | (vi) beginning January 1, 1991, 25 years of eligible |
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1 | | creditable service
and age 50, or 20 years of eligible |
2 | | creditable service and age 55.
|
3 | | For members to whom subsection (a-5) of this Section |
4 | | applies, the references to age 50 and 55 in item (vi) of this |
5 | | subsection are increased as provided in subsection (a-5). |
6 | | Persons who have service credit under Article 16 of this |
7 | | Code for service
as a security employee of the Department of |
8 | | Corrections or the Department of Juvenile Justice, or the |
9 | | Department
of Human Services in a position requiring |
10 | | certification as a teacher may
count such service toward |
11 | | establishing their eligibility under the service
requirements |
12 | | of this Section; but such service may be used only for
|
13 | | establishing such eligibility, and not for the purpose of |
14 | | increasing or
calculating any benefit.
|
15 | | (e) If a member enters military service while working in a |
16 | | position in
which eligible creditable service may be earned, |
17 | | and returns to State
service in the same or another such |
18 | | position, and fulfills in all other
respects the conditions |
19 | | prescribed in this Article for credit for military
service, |
20 | | such military service shall be credited as eligible creditable
|
21 | | service for the purposes of the retirement annuity prescribed |
22 | | in this Section.
|
23 | | (f) For purposes of calculating retirement annuities under |
24 | | this
Section, periods of service rendered after December 31, |
25 | | 1968 and before
October 1, 1975 as a covered employee in the |
26 | | position of special agent,
conservation police officer, mental |
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1 | | health police officer, or investigator
for the Secretary of |
2 | | State, shall be deemed to have been service as a
noncovered |
3 | | employee, provided that the employee pays to the System prior |
4 | | to
retirement an amount equal to (1) the difference between the |
5 | | employee
contributions that would have been required for such |
6 | | service as a
noncovered employee, and the amount of employee |
7 | | contributions actually
paid, plus (2) if payment is made after |
8 | | July 31, 1987, regular interest
on the amount specified in item |
9 | | (1) from the date of service to the date
of payment.
|
10 | | For purposes of calculating retirement annuities under |
11 | | this Section,
periods of service rendered after December 31, |
12 | | 1968 and before January 1,
1982 as a covered employee in the |
13 | | position of investigator for the
Department of Revenue shall be |
14 | | deemed to have been service as a noncovered
employee, provided |
15 | | that the employee pays to the System prior to retirement
an |
16 | | amount equal to (1) the difference between the employee |
17 | | contributions
that would have been required for such service as |
18 | | a noncovered employee,
and the amount of employee contributions |
19 | | actually paid, plus (2) if payment
is made after January 1, |
20 | | 1990, regular interest on the amount specified in
item (1) from |
21 | | the date of service to the date of payment.
|
22 | | (g) A State policeman may elect, not later than January 1, |
23 | | 1990, to
establish eligible creditable service for up to 10 |
24 | | years of his service as
a policeman under Article 3, by filing |
25 | | a written election with the Board,
accompanied by payment of an |
26 | | amount to be determined by the Board, equal to
(i) the |
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1 | | difference between the amount of employee and employer
|
2 | | contributions transferred to the System under Section 3-110.5, |
3 | | and the
amounts that would have been contributed had such |
4 | | contributions been made
at the rates applicable to State |
5 | | policemen, plus (ii) interest thereon at
the effective rate for |
6 | | each year, compounded annually, from the date of
service to the |
7 | | date of payment.
|
8 | | Subject to the limitation in subsection (i), a State |
9 | | policeman may elect,
not later than July 1, 1993, to establish |
10 | | eligible creditable service for
up to 10 years of his service |
11 | | as a member of the County Police Department
under Article 9, by |
12 | | filing a written election with the Board, accompanied
by |
13 | | payment of an amount to be determined by the Board, equal to |
14 | | (i) the
difference between the amount of employee and employer |
15 | | contributions
transferred to the System under Section 9-121.10 |
16 | | and the amounts that would
have been contributed had those |
17 | | contributions been made at the rates
applicable to State |
18 | | policemen, plus (ii) interest thereon at the effective
rate for |
19 | | each year, compounded annually, from the date of service to the
|
20 | | date of payment.
|
21 | | (h) Subject to the limitation in subsection (i), a State |
22 | | policeman or
investigator for the Secretary of State may elect |
23 | | to establish eligible
creditable service for up to 12 years of |
24 | | his service as a policeman under
Article 5, by filing a written |
25 | | election with the Board on or before January
31, 1992, and |
26 | | paying to the System by January 31, 1994 an amount to be
|
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1 | | determined by the Board, equal to (i) the difference between |
2 | | the amount of
employee and employer contributions transferred |
3 | | to the System under Section
5-236, and the amounts that would |
4 | | have been contributed had such
contributions been made at the |
5 | | rates applicable to State policemen, plus
(ii) interest thereon |
6 | | at the effective rate for each year, compounded
annually, from |
7 | | the date of service to the date of payment.
|
8 | | Subject to the limitation in subsection (i), a State |
9 | | policeman,
conservation police officer, or investigator for |
10 | | the Secretary of State may
elect to establish eligible |
11 | | creditable service for up to 10 years of
service as a sheriff's |
12 | | law enforcement employee under Article 7, by filing
a written |
13 | | election with the Board on or before January 31, 1993, and |
14 | | paying
to the System by January 31, 1994 an amount to be |
15 | | determined by the Board,
equal to (i) the difference between |
16 | | the amount of employee and
employer contributions transferred |
17 | | to the System under Section
7-139.7, and the amounts that would |
18 | | have been contributed had such
contributions been made at the |
19 | | rates applicable to State policemen, plus
(ii) interest thereon |
20 | | at the effective rate for each year, compounded
annually, from |
21 | | the date of service to the date of payment.
|
22 | | Subject to the limitation in subsection (i), a State |
23 | | policeman,
conservation police officer, or investigator for |
24 | | the Secretary of State may
elect to establish eligible |
25 | | creditable service for up to 5 years of
service as a police |
26 | | officer under Article 3, a policeman under Article 5, a |
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1 | | sheriff's law enforcement employee under Article 7, a member of |
2 | | the county police department under Article 9, or a police |
3 | | officer under Article 15 by filing
a written election with the |
4 | | Board and paying
to the System an amount to be determined by |
5 | | the Board,
equal to (i) the difference between the amount of |
6 | | employee and
employer contributions transferred to the System |
7 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
8 | | and the amounts that would have been contributed had such
|
9 | | contributions been made at the rates applicable to State |
10 | | policemen, plus
(ii) interest thereon at the effective rate for |
11 | | each year, compounded
annually, from the date of service to the |
12 | | date of payment. |
13 | | Subject to the limitation in subsection (i), an |
14 | | investigator for the Office of the Attorney General, or an |
15 | | investigator for the Department of Revenue, may elect to |
16 | | establish eligible creditable service for up to 5 years of |
17 | | service as a police officer under Article 3, a policeman under |
18 | | Article 5, a sheriff's law enforcement employee under Article |
19 | | 7, or a member of the county police department under Article 9 |
20 | | by filing a written election with the Board within 6 months |
21 | | after August 25, 2009 (the effective date of Public Act 96-745) |
22 | | and paying to the System an amount to be determined by the |
23 | | Board, equal to (i) the difference between the amount of |
24 | | employee and employer contributions transferred to the System |
25 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the |
26 | | amounts that would have been contributed had such contributions |
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1 | | been made at the rates applicable to State policemen, plus (ii) |
2 | | interest thereon at the actuarially assumed rate for each year, |
3 | | compounded annually, from the date of service to the date of |
4 | | payment. |
5 | | Subject to the limitation in subsection (i), a State |
6 | | policeman, conservation police officer, investigator for the |
7 | | Office of the Attorney General, an investigator for the |
8 | | Department of Revenue, or investigator for the Secretary of |
9 | | State may elect to establish eligible creditable service for up |
10 | | to 5 years of service as a person employed by a participating |
11 | | municipality to perform police duties, or law enforcement |
12 | | officer employed on a full-time basis by a forest preserve |
13 | | district under Article 7, a county corrections officer, or a |
14 | | court services officer under Article 9, by filing a written |
15 | | election with the Board within 6 months after August 25, 2009 |
16 | | (the effective date of Public Act 96-745) and paying to the |
17 | | System an amount to be determined by the Board, equal to (i) |
18 | | the difference between the amount of employee and employer |
19 | | contributions transferred to the System under Sections 7-139.8 |
20 | | and 9-121.10 and the amounts that would have been contributed |
21 | | had such contributions been made at the rates applicable to |
22 | | State policemen, plus (ii) interest thereon at the actuarially |
23 | | assumed rate for each year, compounded annually, from the date |
24 | | of service to the date of payment. |
25 | | (i) The total amount of eligible creditable service |
26 | | established by any
person under subsections (g), (h), (j), (k), |
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1 | | and (l) of this
Section shall not exceed 12 years.
|
2 | | (j) Subject to the limitation in subsection (i), an |
3 | | investigator for
the Office of the State's Attorneys Appellate |
4 | | Prosecutor or a controlled
substance inspector may elect to
|
5 | | establish eligible creditable service for up to 10 years of his |
6 | | service as
a policeman under Article 3 or a sheriff's law |
7 | | enforcement employee under
Article 7, by filing a written |
8 | | election with the Board, accompanied by
payment of an amount to |
9 | | be determined by the Board, equal to (1) the
difference between |
10 | | the amount of employee and employer contributions
transferred |
11 | | to the System under Section 3-110.6 or 7-139.8, and the amounts
|
12 | | that would have been contributed had such contributions been |
13 | | made at the
rates applicable to State policemen, plus (2) |
14 | | interest thereon at the
effective rate for each year, |
15 | | compounded annually, from the date of service
to the date of |
16 | | payment.
|
17 | | (k) Subject to the limitation in subsection (i) of this |
18 | | Section, an
alternative formula employee may elect to establish |
19 | | eligible creditable
service for periods spent as a full-time |
20 | | law enforcement officer or full-time
corrections officer |
21 | | employed by the federal government or by a state or local
|
22 | | government located outside of Illinois, for which credit is not |
23 | | held in any
other public employee pension fund or retirement |
24 | | system. To obtain this
credit, the applicant must file a |
25 | | written application with the Board by March
31, 1998, |
26 | | accompanied by evidence of eligibility acceptable to the Board |
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1 | | and
payment of an amount to be determined by the Board, equal |
2 | | to (1) employee
contributions for the credit being established, |
3 | | based upon the applicant's
salary on the first day as an |
4 | | alternative formula employee after the employment
for which |
5 | | credit is being established and the rates then applicable to
|
6 | | alternative formula employees, plus (2) an amount determined by |
7 | | the Board
to be the employer's normal cost of the benefits |
8 | | accrued for the credit being
established, plus (3) regular |
9 | | interest on the amounts in items (1) and (2) from
the first day |
10 | | as an alternative formula employee after the employment for |
11 | | which
credit is being established to the date of payment.
|
12 | | (l) Subject to the limitation in subsection (i), a security |
13 | | employee of
the Department of Corrections may elect, not later |
14 | | than July 1, 1998, to
establish eligible creditable service for |
15 | | up to 10 years of his or her service
as a policeman under |
16 | | Article 3, by filing a written election with the Board,
|
17 | | accompanied by payment of an amount to be determined by the |
18 | | Board, equal to
(i) the difference between the amount of |
19 | | employee and employer contributions
transferred to the System |
20 | | under Section 3-110.5, and the amounts that would
have been |
21 | | contributed had such contributions been made at the rates |
22 | | applicable
to security employees of the Department of |
23 | | Corrections, plus (ii) interest
thereon at the effective rate |
24 | | for each year, compounded annually, from the date
of service to |
25 | | the date of payment.
|
26 | | (m) The amendatory changes to this Section made by this |
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1 | | amendatory Act of the 94th General Assembly apply only to: (1) |
2 | | security employees of the Department of Juvenile Justice |
3 | | employed by the Department of Corrections before the effective |
4 | | date of this amendatory Act of the 94th General Assembly and |
5 | | transferred to the Department of Juvenile Justice by this |
6 | | amendatory Act of the 94th General Assembly; and (2) persons |
7 | | employed by the Department of Juvenile Justice on or after the |
8 | | effective date of this amendatory Act of the 94th General |
9 | | Assembly who are required by subsection (b) of Section 3-2.5-15 |
10 | | of the Unified Code of Corrections to have a bachelor's or |
11 | | advanced degree from an accredited college or university with a |
12 | | specialization in criminal justice, education, psychology, |
13 | | social work, or a closely related social science or, in the |
14 | | case of persons who provide vocational training, who are |
15 | | required to have adequate knowledge in the skill for which they |
16 | | are providing the vocational training.
|
17 | | (n) A person employed in a position under subsection (b) of |
18 | | this Section who has purchased service credit under subsection |
19 | | (j) of Section 14-104 or subsection (b) of Section 14-105 in |
20 | | any other capacity under this Article may convert up to 5 years |
21 | | of that service credit into service credit covered under this |
22 | | Section by paying to the Fund an amount equal to (1) the |
23 | | additional employee contribution required under Section |
24 | | 14-133, plus (2) the additional employer contribution required |
25 | | under Section 14-131, plus (3) interest on items (1) and (2) at |
26 | | the actuarially assumed rate from the date of the service to |
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1 | | the date of payment. |
2 | | (Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09; |
3 | | 96-37, eff. 7-13-09; 96-745, eff. 8-25-09; 96-1000, eff. |
4 | | 7-2-10.)
|
5 | | (40 ILCS 5/14-114) (from Ch. 108 1/2, par. 14-114)
|
6 | | Sec. 14-114. Automatic increase in retirement annuity.
|
7 | | (a) Except as provided in subsections (a-1), (a-2), and |
8 | | (a-3) of this Section, any Any person receiving a retirement |
9 | | annuity under this Article who
retires having attained age 60, |
10 | | or who retires before age 60 having at
least 35 years of |
11 | | creditable service, or who retires on or after January
1, 2001 |
12 | | at an age which, when added to the number of years of his or her
|
13 | | creditable service, equals at least 85, shall, on January 1 |
14 | | next
following the first full year of retirement, have the |
15 | | amount of the then fixed
and payable monthly retirement annuity |
16 | | increased 3%. Any person receiving a
retirement annuity under |
17 | | this Article who retires before attainment of age 60
and with |
18 | | less than (i) 35 years of creditable service if retirement
is |
19 | | before January 1, 2001, or (ii) the number of years of |
20 | | creditable service
which, when added to the member's age, would |
21 | | equal 85, if retirement is on
or after January 1, 2001, shall |
22 | | have the amount of the fixed and payable
retirement annuity |
23 | | increased by 3% on the January 1 occurring on or next
following |
24 | | (1) attainment of age 60, or (2) the first anniversary of |
25 | | retirement,
whichever occurs later. However, for persons who |
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1 | | receive the alternative
retirement annuity under Section |
2 | | 14-110, references in this subsection (a) to
attainment of age |
3 | | 60 shall be deemed to refer to attainment of age 55. For a
|
4 | | person receiving early retirement incentives under Section |
5 | | 14-108.3 whose
retirement annuity began after January 1, 1992 |
6 | | pursuant to an extension granted
under subsection (e) of that |
7 | | Section, the first anniversary of retirement shall
be deemed to |
8 | | be January 1, 1993.
For a person who retires on or after June |
9 | | 28, 2001 and on or before October 1, 2001,
and whose retirement |
10 | | annuity is calculated, in whole or in part, under Section
|
11 | | 14-110 or subsection (g) or (h) of Section 14-108, the first |
12 | | anniversary of
retirement shall be deemed to be January 1, |
13 | | 2002.
|
14 | | On each January 1 following the date of the initial |
15 | | increase under this
subsection, the employee's monthly |
16 | | retirement annuity shall be increased
by an additional 3%.
|
17 | | Beginning January 1, 1990 and except as provided in |
18 | | subsections (a-1), (a-2), and (a-3) of this Section , all |
19 | | automatic annual increases payable under
this Section shall be |
20 | | calculated as a percentage of the total annuity
payable at the |
21 | | time of the increase, including previous increases granted
|
22 | | under this Article.
|
23 | | (a-1) Notwithstanding any other provision of this Article, |
24 | | except subsection (a-3) of this Section, for a Tier I retiree, |
25 | | the amount of each automatic annual increase in retirement |
26 | | annuity occurring on or after the effective date of this |
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1 | | amendatory Act of the 98th General Assembly shall be the lesser |
2 | | of $600 ($750 if the annuity is based primarily upon service as |
3 | | a noncovered employee) or 3% of the total annuity
payable at |
4 | | the time of the increase, including previous increases granted. |
5 | | (a-2) Notwithstanding any other provision of this Article, |
6 | | except subsection (a-3) of this Section, for a Tier I retiree, |
7 | | the monthly retirement annuity shall first be subject to annual |
8 | | increases on the January 1 occurring on or next after the |
9 | | attainment of age 67 or the January 1 occurring on or next |
10 | | after the fifth anniversary of the annuity start date, |
11 | | whichever occurs earlier. If on the effective date of this |
12 | | amendatory Act of the 98th General Assembly a Tier I retiree |
13 | | has already received an annual increase under this Section but |
14 | | does not yet meet the new eligibility requirements of this |
15 | | subsection, the annual increases already received shall |
16 | | continue in force, but no additional annual increase shall be |
17 | | granted until the Tier I retiree meets the new eligibility |
18 | | requirements. |
19 | | (a-3) Notwithstanding any other provision of this Article, |
20 | | a Tier I retiree is ineligible to receive an automatic annual |
21 | | increase in retirement annuity pursuant to this Section, unless |
22 | | he or she has 20 years of creditable service under this |
23 | | Article. If on the effective date of this amendatory Act of the |
24 | | 98th General Assembly a Tier I retiree has already received an |
25 | | annual increase under this Section but does not yet meet the |
26 | | new eligibility requirements of this subsection, the annual |
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1 | | increases already received shall continue in force, but no |
2 | | additional annual increase shall be granted until the Tier I |
3 | | retiree meets the new eligibility requirements. |
4 | | (a-4) Notwithstanding Section 1-103.1, subsections (a-1), |
5 | | (a-2), and (a-3) of this Section apply without regard to |
6 | | whether or not the Tier I retiree is in active service under |
7 | | this Article on or after the effective date of this amendatory |
8 | | Act of the 98th General Assembly. |
9 | | (b) The provisions of subsection (a) of this Section shall |
10 | | be
applicable to an employee only if the employee makes the |
11 | | additional
contributions required after December 31, 1969 for |
12 | | the purpose of the
automatic increases for not less than the |
13 | | equivalent of one full year.
If an employee becomes an |
14 | | annuitant before his additional contributions
equal one full |
15 | | year's contributions based on his salary at the date of
|
16 | | retirement, the employee may pay the necessary balance of the
|
17 | | contributions to the system, without interest, and be eligible |
18 | | for the
increasing annuity authorized by this Section.
|
19 | | (c) The provisions of subsection (a) of this Section shall |
20 | | not be
applicable to any annuitant who is on retirement on |
21 | | December 31, 1969, and
thereafter returns to State service, |
22 | | unless the member has established at
least one year of |
23 | | additional creditable service following reentry into service.
|
24 | | (d) In addition to other increases which may be provided by |
25 | | this Section,
on January 1, 1981 any annuitant who was |
26 | | receiving a retirement annuity
on or before January 1, 1971 |
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1 | | shall have his retirement annuity then being
paid increased $1 |
2 | | per month for each year of creditable service. On January
1, |
3 | | 1982, any annuitant who began receiving a retirement annuity on |
4 | | or
before January 1, 1977, shall have his retirement annuity |
5 | | then being paid
increased $1 per month for each year of |
6 | | creditable service.
|
7 | | On January 1, 1987, any annuitant who began receiving a |
8 | | retirement
annuity on or before January 1, 1977, shall have the |
9 | | monthly retirement annuity
increased by an amount equal to 8¢ |
10 | | per year of creditable service times the
number of years that |
11 | | have elapsed since the annuity began.
|
12 | | (e) Every person who receives the alternative retirement |
13 | | annuity under
Section 14-110 and who is eligible to receive the |
14 | | 3% increase under subsection
(a) on January 1, 1986, shall also |
15 | | receive on that date a one-time increase
in retirement annuity |
16 | | equal to the difference between (1) his actual
retirement |
17 | | annuity on that date, including any increases received under
|
18 | | subsection (a), and (2) the amount of retirement annuity he |
19 | | would have
received on that date if the amendments to |
20 | | subsection (a) made by Public
Act 84-162 had been in effect |
21 | | since the date of his retirement.
|
22 | | (Source: P.A. 91-927, eff. 12-14-00; 92-14, eff. 6-28-01;
|
23 | | 92-651, eff. 7-11-02.)
|
24 | | (40 ILCS 5/14-131)
|
25 | | Sec. 14-131. Contributions by State.
|
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1 | | (a) The State shall make contributions to the System by |
2 | | appropriations of
amounts which, together with other employer |
3 | | contributions from trust, federal,
and other funds, employee |
4 | | contributions, investment income, and other income,
will be |
5 | | sufficient to meet the cost of maintaining and administering |
6 | | the System
on a 100% 90% funded basis in accordance with |
7 | | actuarial recommendations by the end of State fiscal year 2043 .
|
8 | | For the purposes of this Section and Section 14-135.08, |
9 | | references to State
contributions refer only to employer |
10 | | contributions and do not include employee
contributions that |
11 | | are picked up or otherwise paid by the State or a
department on |
12 | | behalf of the employee.
|
13 | | (b) The Board shall determine the total amount of State |
14 | | contributions
required for each fiscal year on the basis of the |
15 | | actuarial tables and other
assumptions adopted by the Board, |
16 | | using the formula in subsection (e).
|
17 | | The Board shall also determine a State contribution rate |
18 | | for each fiscal
year, expressed as a percentage of payroll, |
19 | | based on the total required State
contribution for that fiscal |
20 | | year (less the amount received by the System from
|
21 | | appropriations under Section 8.12 of the State Finance Act and |
22 | | Section 1 of the
State Pension Funds Continuing Appropriation |
23 | | Act, if any, for the fiscal year
ending on the June 30 |
24 | | immediately preceding the applicable November 15
certification |
25 | | deadline), the estimated payroll (including all forms of
|
26 | | compensation) for personal services rendered by eligible |
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1 | | employees, and the
recommendations of the actuary.
|
2 | | For the purposes of this Section and Section 14.1 of the |
3 | | State Finance Act,
the term "eligible employees" includes |
4 | | employees who participate in the System,
persons who may elect |
5 | | to participate in the System but have not so elected,
persons |
6 | | who are serving a qualifying period that is required for |
7 | | participation,
and annuitants employed by a department as |
8 | | described in subdivision (a)(1) or
(a)(2) of Section 14-111.
|
9 | | (c) Contributions shall be made by the several departments |
10 | | for each pay
period by warrants drawn by the State Comptroller |
11 | | against their respective
funds or appropriations based upon |
12 | | vouchers stating the amount to be so
contributed. These amounts |
13 | | shall be based on the full rate certified by the
Board under |
14 | | Section 14-135.08 for that fiscal year.
From the effective date |
15 | | of this amendatory Act of the 93rd General
Assembly through the |
16 | | payment of the final payroll from fiscal year 2004
|
17 | | appropriations, the several departments shall not make |
18 | | contributions
for the remainder of fiscal year 2004 but shall |
19 | | instead make payments
as required under subsection (a-1) of |
20 | | Section 14.1 of the State Finance Act.
The several departments |
21 | | shall resume those contributions at the commencement of
fiscal |
22 | | year 2005.
|
23 | | (c-1) Notwithstanding subsection (c) of this Section, for |
24 | | fiscal years 2010, 2012, and 2013 only, contributions by the |
25 | | several departments are not required to be made for General |
26 | | Revenue Funds payrolls processed by the Comptroller. Payrolls |
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1 | | paid by the several departments from all other State funds must |
2 | | continue to be processed pursuant to subsection (c) of this |
3 | | Section. |
4 | | (c-2) For State fiscal years 2010, 2012, and 2013 only, on |
5 | | or as soon as possible after the 15th day of each month, the |
6 | | Board shall submit vouchers for payment of State contributions |
7 | | to the System, in a total monthly amount of one-twelfth of the |
8 | | fiscal year General Revenue Fund contribution as certified by |
9 | | the System pursuant to Section 14-135.08 of the Illinois |
10 | | Pension Code. |
11 | | (d) If an employee is paid from trust funds or federal |
12 | | funds, the
department or other employer shall pay employer |
13 | | contributions from those funds
to the System at the certified |
14 | | rate, unless the terms of the trust or the
federal-State |
15 | | agreement preclude the use of the funds for that purpose, in
|
16 | | which case the required employer contributions shall be paid by |
17 | | the State.
From the effective date of this amendatory
Act of |
18 | | the 93rd General Assembly through the payment of the final
|
19 | | payroll from fiscal year 2004 appropriations, the department or |
20 | | other
employer shall not pay contributions for the remainder of |
21 | | fiscal year
2004 but shall instead make payments as required |
22 | | under subsection (a-1) of
Section 14.1 of the State Finance |
23 | | Act. The department or other employer shall
resume payment of
|
24 | | contributions at the commencement of fiscal year 2005.
|
25 | | (e) For State fiscal years 2014 through 2043, the minimum |
26 | | contribution
to the System to be made by the State for each |
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1 | | fiscal year shall be an amount
determined by the System to be |
2 | | equal to the sum of (1) the State's portion of the projected |
3 | | normal cost for that fiscal year, plus (2) an amount sufficient |
4 | | to bring the total assets of the
System up to 100% of the total |
5 | | actuarial liabilities of the System by the end of
State fiscal |
6 | | year 2043. In making these determinations, the required State
|
7 | | contribution shall be calculated each year as a level |
8 | | percentage of payroll
over the years remaining to and including |
9 | | fiscal year 2043 and shall be
determined under the projected |
10 | | unit credit actuarial cost method. |
11 | | For State fiscal years 2012 and 2013 through 2045 , the minimum |
12 | | contribution
to the System to be made by the State for each |
13 | | fiscal year shall be an amount
determined by the System to be |
14 | | sufficient to bring the total assets of the
System up to 90% of |
15 | | the total actuarial liabilities of the System by the end
of |
16 | | State fiscal year 2045. In making these determinations, the |
17 | | required State
contribution shall be calculated each year as a |
18 | | level percentage of payroll
over the years remaining to and |
19 | | including fiscal year 2045 and shall be
determined under the |
20 | | projected unit credit actuarial cost method.
|
21 | | For State fiscal years 1996 through 2005, the State |
22 | | contribution to
the System, as a percentage of the applicable |
23 | | employee payroll, shall be
increased in equal annual increments |
24 | | so that by State fiscal year 2011, the
State is contributing at |
25 | | the rate required under this Section; except that
(i) for State |
26 | | fiscal year 1998, for all purposes of this Code and any other
|
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1 | | law of this State, the certified percentage of the applicable |
2 | | employee payroll
shall be 5.052% for employees earning eligible |
3 | | creditable service under Section
14-110 and 6.500% for all |
4 | | other employees, notwithstanding any contrary
certification |
5 | | made under Section 14-135.08 before the effective date of this
|
6 | | amendatory Act of 1997, and (ii)
in the following specified |
7 | | State fiscal years, the State contribution to
the System shall |
8 | | not be less than the following indicated percentages of the
|
9 | | applicable employee payroll, even if the indicated percentage |
10 | | will produce a
State contribution in excess of the amount |
11 | | otherwise required under this
subsection and subsection (a):
|
12 | | 9.8% in FY 1999;
10.0% in FY 2000;
10.2% in FY 2001;
10.4% in FY |
13 | | 2002;
10.6% in FY 2003; and
10.8% in FY 2004.
|
14 | | Notwithstanding any other provision of this Article, the |
15 | | total required State
contribution to the System for State |
16 | | fiscal year 2006 is $203,783,900.
|
17 | | Notwithstanding any other provision of this Article, the |
18 | | total required State
contribution to the System for State |
19 | | fiscal year 2007 is $344,164,400.
|
20 | | For each of State fiscal years 2008 through 2009, the State |
21 | | contribution to
the System, as a percentage of the applicable |
22 | | employee payroll, shall be
increased in equal annual increments |
23 | | from the required State contribution for State fiscal year |
24 | | 2007, so that by State fiscal year 2011, the
State is |
25 | | contributing at the rate otherwise required under this Section.
|
26 | | Notwithstanding any other provision of this Article, the |
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1 | | total required State General Revenue Fund contribution for |
2 | | State fiscal year 2010 is $723,703,100 and shall be made from |
3 | | the proceeds of bonds sold in fiscal year 2010 pursuant to |
4 | | Section 7.2 of the General Obligation Bond Act, less (i) the |
5 | | pro rata share of bond sale expenses determined by the System's |
6 | | share of total bond proceeds, (ii) any amounts received from |
7 | | the General Revenue Fund in fiscal year 2010, and (iii) any |
8 | | reduction in bond proceeds due to the issuance of discounted |
9 | | bonds, if applicable. |
10 | | Notwithstanding any other provision of this Article, the
|
11 | | total required State General Revenue Fund contribution for
|
12 | | State fiscal year 2011 is the amount recertified by the System |
13 | | on or before April 1, 2011 pursuant to Section 14-135.08 and |
14 | | shall be made from
the proceeds of bonds sold in fiscal year |
15 | | 2011 pursuant to
Section 7.2 of the General Obligation Bond |
16 | | Act, less (i) the
pro rata share of bond sale expenses |
17 | | determined by the System's
share of total bond proceeds, (ii) |
18 | | any amounts received from
the General Revenue Fund in fiscal |
19 | | year 2011, and (iii) any
reduction in bond proceeds due to the |
20 | | issuance of discounted
bonds, if applicable. |
21 | | Beginning in State fiscal year 2044, the minimum State |
22 | | contribution for each fiscal year shall be the amount needed to |
23 | | maintain the total assets of the System at 100% of the total |
24 | | actuarial liabilities of the System. |
25 | | Beginning in State fiscal year 2046, the minimum State |
26 | | contribution for
each fiscal year shall be the amount needed to |
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1 | | maintain the total assets of
the System at 90% of the total |
2 | | actuarial liabilities of the System.
|
3 | | Amounts received by the System pursuant to Section 25 of |
4 | | the Budget Stabilization Act or Section 8.12 of the State |
5 | | Finance Act in any fiscal year do not reduce and do not |
6 | | constitute payment of any portion of the minimum State |
7 | | contribution required under this Article in that fiscal year. |
8 | | Such amounts shall not reduce, and shall not be included in the |
9 | | calculation of, the required State contributions under this |
10 | | Article in any future year until the System has reached a |
11 | | funding ratio of at least 100% 90% . A reference in this Article |
12 | | to the "required State contribution" or any substantially |
13 | | similar term does not include or apply to any amounts payable |
14 | | to the System under Section 25 of the Budget Stabilization Act.
|
15 | | Notwithstanding any other provision of this Section, the |
16 | | required State
contribution for State fiscal year 2005 and for |
17 | | fiscal year 2008 and each fiscal year thereafter through State |
18 | | fiscal year 2013 , as
calculated under this Section and
|
19 | | certified under Section 14-135.08, shall not exceed an amount |
20 | | equal to (i) the
amount of the required State contribution that |
21 | | would have been calculated under
this Section for that fiscal |
22 | | year if the System had not received any payments
under |
23 | | subsection (d) of Section 7.2 of the General Obligation Bond |
24 | | Act, minus
(ii) the portion of the State's total debt service |
25 | | payments for that fiscal
year on the bonds issued in fiscal |
26 | | year 2003 for the purposes of that Section 7.2, as determined
|
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1 | | and certified by the Comptroller, that is the same as the |
2 | | System's portion of
the total moneys distributed under |
3 | | subsection (d) of Section 7.2 of the General
Obligation Bond |
4 | | Act. In determining this maximum for State fiscal years 2008 |
5 | | through 2010, however, the amount referred to in item (i) shall |
6 | | be increased, as a percentage of the applicable employee |
7 | | payroll, in equal increments calculated from the sum of the |
8 | | required State contribution for State fiscal year 2007 plus the |
9 | | applicable portion of the State's total debt service payments |
10 | | for fiscal year 2007 on the bonds issued in fiscal year 2003 |
11 | | for the purposes of Section 7.2 of the General
Obligation Bond |
12 | | Act, so that, by State fiscal year 2011, the
State is |
13 | | contributing at the rate otherwise required under this Section.
|
14 | | (f) After the submission of all payments for eligible |
15 | | employees
from personal services line items in fiscal year 2004 |
16 | | have been made,
the Comptroller shall provide to the System a |
17 | | certification of the sum
of all fiscal year 2004 expenditures |
18 | | for personal services that would
have been covered by payments |
19 | | to the System under this Section if the
provisions of this |
20 | | amendatory Act of the 93rd General Assembly had not been
|
21 | | enacted. Upon
receipt of the certification, the System shall |
22 | | determine the amount
due to the System based on the full rate |
23 | | certified by the Board under
Section 14-135.08 for fiscal year |
24 | | 2004 in order to meet the State's
obligation under this |
25 | | Section. The System shall compare this amount
due to the amount |
26 | | received by the System in fiscal year 2004 through
payments |
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1 | | under this Section and under Section 6z-61 of the State Finance |
2 | | Act.
If the amount
due is more than the amount received, the |
3 | | difference shall be termed the
"Fiscal Year 2004 Shortfall" for |
4 | | purposes of this Section, and the
Fiscal Year 2004 Shortfall |
5 | | shall be satisfied under Section 1.2 of the State
Pension Funds |
6 | | Continuing Appropriation Act. If the amount due is less than |
7 | | the
amount received, the
difference shall be termed the "Fiscal |
8 | | Year 2004 Overpayment" for purposes of
this Section, and the |
9 | | Fiscal Year 2004 Overpayment shall be repaid by
the System to |
10 | | the Pension Contribution Fund as soon as practicable
after the |
11 | | certification.
|
12 | | (g) For purposes of determining the required State |
13 | | contribution to the System, the value of the System's assets |
14 | | shall be equal to the actuarial value of the System's assets, |
15 | | which shall be calculated as follows: |
16 | | As of June 30, 2008, the actuarial value of the System's |
17 | | assets shall be equal to the market value of the assets as of |
18 | | that date. In determining the actuarial value of the System's |
19 | | assets for fiscal years after June 30, 2008, any actuarial |
20 | | gains or losses from investment return incurred in a fiscal |
21 | | year shall be recognized in equal annual amounts over the |
22 | | 5-year period following that fiscal year. |
23 | | (h) For purposes of determining the required State |
24 | | contribution to the System for a particular year, the actuarial |
25 | | value of assets shall be assumed to earn a rate of return equal |
26 | | to the System's actuarially assumed rate of return. |
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1 | | (i) 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 2010 have been made, the |
4 | | Comptroller shall provide to the System a certification of the |
5 | | sum of all fiscal year 2010 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 2010 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 2010 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 2010 Shortfall" for purposes of this |
17 | | Section, and the Fiscal Year 2010 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 2010 |
21 | | Overpayment" for purposes of this Section, and the Fiscal Year |
22 | | 2010 Overpayment shall be repaid by the System to the General |
23 | | Revenue Fund as soon as practicable after the certification. |
24 | | (j) After the submission of all payments for eligible |
25 | | employees from personal services line items paid from the |
26 | | General Revenue Fund in fiscal year 2011 have been made, the |
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1 | | Comptroller shall provide to the System a certification of the |
2 | | sum of all fiscal year 2011 expenditures for personal services |
3 | | that would have been covered by payments to the System under |
4 | | this Section if the provisions of this amendatory Act of the |
5 | | 96th General Assembly had not been enacted. Upon receipt of the |
6 | | certification, the System shall determine the amount due to the |
7 | | System based on the full rate certified by the Board under |
8 | | Section 14-135.08 for fiscal year 2011 in order to meet the |
9 | | State's obligation under this Section. The System shall compare |
10 | | this amount due to the amount received by the System in fiscal |
11 | | year 2011 through payments under this Section. If the amount |
12 | | due is more than the amount received, the difference shall be |
13 | | termed the "Fiscal Year 2011 Shortfall" for purposes of this |
14 | | Section, and the Fiscal Year 2011 Shortfall shall be satisfied |
15 | | under Section 1.2 of the State Pension Funds Continuing |
16 | | Appropriation Act. If the amount due is less than the amount |
17 | | received, the difference shall be termed the "Fiscal Year 2011 |
18 | | Overpayment" for purposes of this Section, and the Fiscal Year |
19 | | 2011 Overpayment shall be repaid by the System to the General |
20 | | Revenue Fund as soon as practicable after the certification. |
21 | | (k) For fiscal years 2012 and 2013 only, after the |
22 | | submission of all payments for eligible employees from personal |
23 | | services line items paid from the General Revenue Fund in the |
24 | | fiscal year have been made, the Comptroller shall provide to |
25 | | the System a certification of the sum of all expenditures in |
26 | | the fiscal year for personal services. Upon receipt of the |
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1 | | certification, the System shall determine the amount due to the |
2 | | System based on the full rate certified by the Board under |
3 | | Section 14-135.08 for the fiscal year in order to meet the |
4 | | State's obligation under this Section. The System shall compare |
5 | | this amount due to the amount received by the System for the |
6 | | fiscal year. If the amount due is more than the amount |
7 | | received, the difference shall be termed the "Prior Fiscal Year |
8 | | Shortfall" for purposes of this Section, and the Prior Fiscal |
9 | | Year Shortfall shall be satisfied under Section 1.2 of the |
10 | | State Pension Funds Continuing Appropriation Act. If the amount |
11 | | due is less than the amount received, the difference shall be |
12 | | termed the "Prior Fiscal Year Overpayment" for purposes of this |
13 | | Section, and the Prior Fiscal Year Overpayment shall be repaid |
14 | | by the System to the General Revenue Fund as soon as |
15 | | practicable after the certification. |
16 | | (Source: P.A. 96-43, eff. 7-15-09; 96-45, eff. 7-15-09; |
17 | | 96-1000, eff. 7-2-10; 96-1497, eff. 1-14-11; 96-1511, eff. |
18 | | 1-27-11; 96-1554, eff. 3-18-11; 97-72, eff. 7-1-11; 97-732, |
19 | | eff. 6-30-12.)
|
20 | | (40 ILCS 5/14-132) (from Ch. 108 1/2, par. 14-132)
|
21 | | Sec. 14-132. Obligations of State ; funding guarantee . |
22 | | (a) The payment of the required department
contributions, |
23 | | all allowances,
annuities, benefits granted under this |
24 | | Article, and all expenses of
administration of the system are |
25 | | obligations of the State of Illinois to
the extent specified in |
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1 | | this Article.
|
2 | | (b) All income of the system
shall be credited to a |
3 | | separate account for this system in the State
treasury and |
4 | | shall be used to pay allowances, annuities, benefits and
|
5 | | administration expense.
|
6 | | (c) Beginning July 1, 2013, the State shall be |
7 | | contractually obligated to contribute to the System under |
8 | | Section 14-131 in each State fiscal year an amount not less |
9 | | than the sum of (i) the State's normal cost for that year and
|
10 | | (ii) the portion of the unfunded accrued liability assigned to |
11 | | that year by law in accordance with a schedule that distributes |
12 | | payments equitably over a reasonable period of time and in |
13 | | accordance with accepted actuarial practices. The obligations |
14 | | created under this subsection (c) are contractual obligations |
15 | | protected and enforceable under Article I, Section 16 and |
16 | | Article XIII, Section 5 of the Illinois Constitution. |
17 | | Notwithstanding any other provision of law, if the State |
18 | | fails to pay in a State fiscal year the amount guaranteed under |
19 | | this subsection, the System may bring a mandamus action in the |
20 | | Circuit Court of Sangamon County to compel the State to make |
21 | | that payment, irrespective of other remedies that
may be |
22 | | available to the System. In ordering the State to make the |
23 | | required payment, the court may order a reasonable payment |
24 | | schedule to enable the State to make the required payment |
25 | | without significantly imperiling the public health, safety, or |
26 | | welfare. |
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1 | | Any payments required to be made by the State pursuant to |
2 | | this subsection (c)
are expressly subordinated to the payment |
3 | | of the principal, interest, and premium, if any, on any
bonded |
4 | | debt obligation of the State or any other State-created entity, |
5 | | either currently outstanding or to
be issued, for which the |
6 | | source of repayment or security thereon is derived directly or |
7 | | indirectly from
tax revenues collected by the State or any |
8 | | other State-created entity. Payments on such bonded
|
9 | | obligations include any statutory fund transfers or other |
10 | | prefunding mechanisms or formulas set forth,
now or hereafter, |
11 | | in State law or bond indentures, into debt service funds or |
12 | | accounts of the State
related to such bonded obligations, |
13 | | consistent with the payment schedules associated with such
|
14 | | obligations. |
15 | | (Source: P.A. 80-841.)
|
16 | | (40 ILCS 5/14-133) (from Ch. 108 1/2, par. 14-133)
|
17 | | Sec. 14-133. Contributions on behalf of members.
|
18 | | (a) Each participating employee shall make contributions |
19 | | to the System,
based on the employee's compensation, as |
20 | | follows:
|
21 | | (1) Covered employees, except as indicated below, 3.5% |
22 | | for
retirement annuity, and 0.5% for a widow or survivors
|
23 | | annuity;
|
24 | | (2) Noncovered employees, except as indicated below, |
25 | | 7% for retirement
annuity and 1% for a widow or survivors |
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1 | | annuity;
|
2 | | (3) Noncovered employees serving in a position in which |
3 | | "eligible
creditable service" as defined in Section 14-110 |
4 | | may be earned, 1% for a widow
or survivors annuity
plus the |
5 | | following amount for retirement annuity: 8.5% through |
6 | | December 31,
2001; 9.5% in 2002; 10.5% in 2003; and 11.5% |
7 | | in 2004 and thereafter;
|
8 | | (4) Covered employees serving in a position in which |
9 | | "eligible creditable
service" as defined in Section 14-110 |
10 | | may be earned, 0.5% for a widow or survivors annuity
plus |
11 | | the following amount for retirement annuity: 5% through |
12 | | December 31,
2001; 6% in 2002; 7% in 2003; and 8% in 2004 |
13 | | and thereafter;
|
14 | | (5) Each security employee of the Department of |
15 | | Corrections
or of the Department of Human Services who is a |
16 | | covered employee, 0.5% for a widow or survivors annuity
|
17 | | plus the following amount for retirement annuity: 5% |
18 | | through December 31,
2001; 6% in 2002; 7% in 2003; and 8% |
19 | | in 2004 and thereafter;
|
20 | | (6) Each security employee of the Department of |
21 | | Corrections
or of the Department of Human Services who is |
22 | | not a covered employee, 1% for a widow or survivors annuity
|
23 | | plus the following amount for retirement annuity: 8.5% |
24 | | through December 31,
2001; 9.5% in 2002; 10.5% in 2003; and |
25 | | 11.5% in 2004 and thereafter.
|
26 | | (a-5) In addition to the contributions otherwise required |
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1 | | under this Article, each Tier I member shall also make the |
2 | | following contributions for retirement annuity from each |
3 | | payment
of compensation: |
4 | | (1) beginning July 1, 2013 and through June 30, 2014, |
5 | | 1% of compensation; and |
6 | | (2) beginning on July 1, 2014, 2% of compensation. |
7 | | (b) Contributions shall be in the form of a deduction from
|
8 | | compensation and shall be made notwithstanding that the |
9 | | compensation
paid in cash to the employee shall be reduced |
10 | | thereby below the minimum
prescribed by law or regulation. Each |
11 | | member is deemed to consent and
agree to the deductions from |
12 | | compensation provided for in this Article,
and shall receipt in |
13 | | full for salary or compensation.
|
14 | | (Source: P.A. 92-14, eff. 6-28-01.)
|
15 | | (40 ILCS 5/14-135.08) (from Ch. 108 1/2, par. 14-135.08)
|
16 | | Sec. 14-135.08. To certify required State contributions. |
17 | | (a)
To certify to the Governor and to each department, on |
18 | | or before
November 15 of each year through until November 15, |
19 | | 2011, the required rate for State contributions to the
System |
20 | | for the next State fiscal year, as determined under subsection |
21 | | (b) of
Section 14-131. The certification to the Governor under |
22 | | this subsection (a) shall include a copy of the
actuarial |
23 | | recommendations upon which the rate is based and shall |
24 | | specifically identify the System's projected State normal cost |
25 | | for that fiscal year .
|
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1 | | (a-5) On or before November 1 of each year, beginning |
2 | | November 1, 2012, the Board shall submit to the State Actuary, |
3 | | the Governor, and the General Assembly a proposed certification |
4 | | of the amount of the required State contribution to the System |
5 | | for the next fiscal year, along with all of the actuarial |
6 | | assumptions, calculations, and data upon which that proposed |
7 | | certification is based. On or before January 1 of each year , |
8 | | beginning January 1, 2013, the State Actuary shall issue a |
9 | | preliminary report concerning the proposed certification and |
10 | | identifying, if necessary, recommended changes in actuarial |
11 | | assumptions that the Board must consider before finalizing its |
12 | | certification of the required State contributions. |
13 | | On or before January 15, 2013 and each January 15 |
14 | | thereafter, the Board shall certify to the Governor and the |
15 | | General Assembly the amount of the required State contribution |
16 | | for the next fiscal year. The certification shall include a |
17 | | copy of the actuarial
recommendations upon which it is based |
18 | | and shall specifically identify the System's projected State |
19 | | normal cost for that fiscal year. The Board's certification |
20 | | must note any deviations from the State Actuary's recommended |
21 | | changes, the reason or reasons for not following the State |
22 | | Actuary's recommended changes, and the fiscal impact of not |
23 | | following the State Actuary's recommended changes on the |
24 | | required State contribution. |
25 | | (b) The certifications under subsections (a) and (a-5) |
26 | | shall include an additional amount necessary to pay all |
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1 | | principal of and interest on those general obligation bonds due |
2 | | the next fiscal year authorized by Section 7.2(a) of the |
3 | | General Obligation Bond Act and issued to provide the proceeds |
4 | | deposited by the State with the System in July 2003, |
5 | | representing deposits other than amounts reserved under |
6 | | Section 7.2(c) of the General Obligation Bond Act. For State |
7 | | fiscal year 2005, the Board shall make a supplemental |
8 | | certification of the additional amount necessary to pay all |
9 | | principal of and interest on those general obligation bonds due |
10 | | in State fiscal years 2004 and 2005 authorized by Section |
11 | | 7.2(a) of the General Obligation Bond Act and issued to provide |
12 | | the proceeds deposited by the State with the System in July |
13 | | 2003, representing deposits other than amounts reserved under |
14 | | Section 7.2(c) of the General Obligation Bond Act, as soon as |
15 | | practical after the effective date of this amendatory Act of |
16 | | the 93rd General Assembly.
|
17 | | On or before May 1, 2004, the Board shall recalculate and |
18 | | recertify
to the Governor and to each department the amount of |
19 | | the required State
contribution to the System and the required |
20 | | rates for State contributions
to the System for State fiscal |
21 | | year 2005, taking into account the amounts
appropriated to and |
22 | | received by the System under subsection (d) of Section
7.2 of |
23 | | the General Obligation Bond Act.
|
24 | | On or before July 1, 2005, the Board shall recalculate and |
25 | | recertify
to the Governor and to each department the amount of |
26 | | the required State
contribution to the System and the required |
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1 | | rates for State contributions
to the System for State fiscal |
2 | | year 2006, taking into account the changes in required State |
3 | | contributions made by this amendatory Act of the 94th General |
4 | | Assembly.
|
5 | | On or before April 1, 2011, the Board shall recalculate and |
6 | | recertify to the Governor and to each department the amount of |
7 | | the required State contribution to the System for State fiscal |
8 | | year 2011, applying the changes made by Public Act 96-889 to |
9 | | the System's assets and liabilities as of June 30, 2009 as |
10 | | though Public Act 96-889 was approved on that date. |
11 | | (Source: P.A. 96-1497, eff. 1-14-11; 96-1511, eff. 1-27-11; |
12 | | 97-694, eff. 6-18-12.)
|
13 | | (40 ILCS 5/14-152.1)
|
14 | | Sec. 14-152.1. Application and expiration of new benefit |
15 | | increases. |
16 | | (a) As used in this Section, "new benefit increase" means |
17 | | an increase in the amount of any benefit provided under this |
18 | | Article, or an expansion of the conditions of eligibility for |
19 | | any benefit under this Article, that results from an amendment |
20 | | to this Code that takes effect after June 1, 2005 (the |
21 | | effective date of Public Act 94-4). "New benefit increase", |
22 | | however, does not include any benefit increase resulting from |
23 | | the changes made to this Article by Public Act 96-37 or by this |
24 | | amendatory Act of the 98th 96th General Assembly.
|
25 | | (b) Notwithstanding any other provision of this Code or any |
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1 | | subsequent amendment to this Code, every new benefit increase |
2 | | is subject to this Section and shall be deemed to be granted |
3 | | only in conformance with and contingent upon compliance with |
4 | | the provisions of this Section.
|
5 | | (c) The Public Act enacting a new benefit increase must |
6 | | identify and provide for payment to the System of additional |
7 | | funding at least sufficient to fund the resulting annual |
8 | | increase in cost to the System as it accrues. |
9 | | Every new benefit increase is contingent upon the General |
10 | | Assembly providing the additional funding required under this |
11 | | subsection. The Commission on Government Forecasting and |
12 | | Accountability shall analyze whether adequate additional |
13 | | funding has been provided for the new benefit increase and |
14 | | shall report its analysis to the Public Pension Division of the |
15 | | Department of Financial and Professional Regulation. A new |
16 | | benefit increase created by a Public Act that does not include |
17 | | the additional funding required under this subsection is null |
18 | | and void. If the Public Pension Division determines that the |
19 | | additional funding provided for a new benefit increase under |
20 | | this subsection is or has become inadequate, it may so certify |
21 | | to the Governor and the State Comptroller and, in the absence |
22 | | of corrective action by the General Assembly, the new benefit |
23 | | increase shall expire at the end of the fiscal year in which |
24 | | the certification is made.
|
25 | | (d) Every new benefit increase shall expire 5 years after |
26 | | its effective date or on such earlier date as may be specified |
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1 | | in the language enacting the new benefit increase or provided |
2 | | under subsection (c). This does not prevent the General |
3 | | Assembly from extending or re-creating a new benefit increase |
4 | | by law. |
5 | | (e) Except as otherwise provided in the language creating |
6 | | the new benefit increase, a new benefit increase that expires |
7 | | under this Section continues to apply to persons who applied |
8 | | and qualified for the affected benefit while the new benefit |
9 | | increase was in effect and to the affected beneficiaries and |
10 | | alternate payees of such persons, but does not apply to any |
11 | | other person, including without limitation a person who |
12 | | continues in service after the expiration date and did not |
13 | | apply and qualify for the affected benefit while the new |
14 | | benefit increase was in effect.
|
15 | | (Source: P.A. 96-37, eff. 7-13-09.)
|
16 | | (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
|
17 | | Sec. 15-106. Employer. "Employer": The University of |
18 | | Illinois, Southern
Illinois University, Chicago State |
19 | | University, Eastern Illinois University,
Governors State |
20 | | University, Illinois State University, Northeastern Illinois
|
21 | | University, Northern Illinois University, Western Illinois |
22 | | University, the
State Board of Higher Education, the Illinois |
23 | | Mathematics and Science Academy,
the University Civil Service |
24 | | Merit Board, the Board of
Trustees of the State Universities |
25 | | Retirement System, the Illinois Community
College Board, |
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1 | | community college
boards, any association of community college |
2 | | boards organized under Section
3-55 of the Public Community |
3 | | College Act, the Board of Examiners established
under the |
4 | | Illinois Public Accounting Act, and, only during the period for |
5 | | which
employer contributions required under Section 15-155 are |
6 | | paid, the following
organizations: the alumni associations, |
7 | | the foundations and the athletic
associations which are |
8 | | affiliated with the universities and colleges included
in this |
9 | | Section as employers. An individual that begins employment |
10 | | after the effective date of this amendatory Act of the 98th |
11 | | General Assembly with an entity not defined as an employer in |
12 | | this Section shall not be deemed an employee for the purposes |
13 | | of this Article with respect to that employment and shall not |
14 | | be eligible to participate in the System with respect to that |
15 | | employment; provided, however, that those individuals who are |
16 | | employed by such an employer and already participants in the |
17 | | System on the effective date of this amendatory Act of the 98th |
18 | | General Assembly shall be entitled to remain participants in |
19 | | the System for the duration of that employment and continue to |
20 | | earn service credit. |
21 | | Notwithstanding any provision of law to the contrary, an |
22 | | individual who begins employment with any of the following |
23 | | employers on or after the effective date of this amendatory Act |
24 | | of the 98th General Assembly shall not be deemed an employee |
25 | | and shall not be eligible to participate in the System with |
26 | | respect to that employment: any association of community |
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1 | | college boards organized under Section
3-55 of the Public |
2 | | Community College Act, the Association of Illinois |
3 | | Middle-Grade Schools, the Illinois Association of School |
4 | | Administrators, the Illinois Association for Supervision and |
5 | | Curriculum Development, the Illinois Principals Association, |
6 | | the Illinois Association of School Business Officials, or the |
7 | | Illinois Special Olympics; provided, however, that those |
8 | | individuals who are employed by the above listed employers and |
9 | | already participants in the System on the effective date of |
10 | | this amendatory Act of the 98th General Assembly shall be |
11 | | entitled to remain participants in the System for the duration |
12 | | of that employment and continue to earn service credit. |
13 | | A department as defined in Section 14-103.04 is
an employer |
14 | | for any person appointed by the Governor under the Civil
|
15 | | Administrative Code of Illinois who is a participating employee |
16 | | as defined in
Section 15-109. The Department of Central |
17 | | Management Services is an employer with respect to persons |
18 | | employed by the State Board of Higher Education in positions |
19 | | with the Illinois Century Network as of June 30, 2004 who |
20 | | remain continuously employed after that date by the Department |
21 | | of Central Management Services in positions with the Illinois |
22 | | Century Network, the Bureau of Communication and Computer |
23 | | Services, or, if applicable, any successor bureau.
|
24 | | The cities of Champaign and Urbana shall be considered
|
25 | | employers, but only during the period for which contributions |
26 | | are required to
be made under subsection (b-1) of Section |
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1 | | 15-155 and only with respect to
individuals described in |
2 | | subsection (h) of Section 15-107.
|
3 | | (Source: P.A. 95-369, eff. 8-23-07; 95-728, eff. 7-1-08 - See |
4 | | Sec. 999 .)
|
5 | | (40 ILCS 5/15-107) (from Ch. 108 1/2, par. 15-107)
|
6 | | Sec. 15-107. Employee.
|
7 | | (a) "Employee" means any member of the educational, |
8 | | administrative,
secretarial, clerical, mechanical, labor or |
9 | | other staff of an employer
whose employment is permanent and |
10 | | continuous or who is employed in a
position in which services |
11 | | are expected to be rendered on a continuous
basis for at least |
12 | | 4 months or one academic term, whichever is less, who
(A) |
13 | | receives payment for personal services on a warrant issued |
14 | | pursuant to
a payroll voucher certified by an employer and |
15 | | drawn by the State
Comptroller upon the State Treasurer or by |
16 | | an employer upon trust, federal
or other funds, or (B) is on a |
17 | | leave of absence without pay. Employment
which is irregular, |
18 | | intermittent or temporary shall not be considered
continuous |
19 | | for purposes of this paragraph.
|
20 | | However, a person is not an "employee" if he or she:
|
21 | | (1) is a student enrolled in and regularly attending |
22 | | classes in a
college or university which is an employer, |
23 | | and is employed on a temporary
basis at less than full |
24 | | time;
|
25 | | (2) is currently receiving a retirement annuity or a |
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1 | | disability
retirement annuity under Section 15-153.2 from |
2 | | this System;
|
3 | | (3) is on a military leave of absence;
|
4 | | (4) is eligible to participate in the Federal Civil |
5 | | Service Retirement
System and is currently making |
6 | | contributions to that system based upon
earnings paid by an |
7 | | employer;
|
8 | | (5) is on leave of absence without pay for more than 60 |
9 | | days
immediately following termination of disability |
10 | | benefits under this
Article;
|
11 | | (6) is hired after June 30, 1979 as a public service |
12 | | employment program
participant under the Federal |
13 | | Comprehensive Employment and Training Act
and receives |
14 | | earnings in whole or in part from funds provided under that
|
15 | | Act; or
|
16 | | (7) is employed on or after July 1, 1991 to perform |
17 | | services that
are excluded by subdivision (a)(7)(f) or |
18 | | (a)(19) of Section 210 of the
federal Social Security Act |
19 | | from the definition of employment given in that
Section (42 |
20 | | U.S.C. 410).
|
21 | | (b) Any employer may, by filing a written notice with the |
22 | | board, exclude
from the definition of "employee" all persons |
23 | | employed pursuant to a federally
funded contract entered into |
24 | | after July 1, 1982 with a federal military
department in a |
25 | | program providing training in military courses to federal
|
26 | | military personnel on a military site owned by the United |
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1 | | States Government,
if this exclusion is not prohibited by the |
2 | | federally funded contract or
federal laws or rules governing |
3 | | the administration of the contract.
|
4 | | (c) Any person appointed by the Governor under the Civil |
5 | | Administrative
Code of the State is an employee, if he or she |
6 | | is a participant in this
system on the effective date of the |
7 | | appointment.
|
8 | | (d) A participant on lay-off status under civil service |
9 | | rules is
considered an employee for not more than 120 days from |
10 | | the date of the lay-off.
|
11 | | (e) A participant is considered an employee during (1) the |
12 | | first 60 days
of disability leave, (2) the period, not to |
13 | | exceed one year, in which his
or her eligibility for disability |
14 | | benefits is being considered by the board
or reviewed by the |
15 | | courts, and (3) the period he or she receives disability
|
16 | | benefits under the provisions of Section 15-152, workers' |
17 | | compensation or
occupational disease benefits, or disability |
18 | | income under an insurance
contract financed wholly or partially |
19 | | by the employer.
|
20 | | (f) Absences without pay, other than formal leaves of |
21 | | absence, of less
than 30 calendar days, are not considered as |
22 | | an interruption of a person's
status as an employee. If such |
23 | | absences during any period of 12 months
exceed 30 work days, |
24 | | the employee status of the person is considered as
interrupted |
25 | | as of the 31st work day.
|
26 | | (g) A staff member whose employment contract requires |
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1 | | services during
an academic term is to be considered an |
2 | | employee during the summer and
other vacation periods, unless |
3 | | he or she declines an employment contract
for the succeeding |
4 | | academic term or his or her employment status is
otherwise |
5 | | terminated, and he or she receives no earnings during these |
6 | | periods.
|
7 | | (h) An individual who was a participating employee employed |
8 | | in the fire
department of the University of Illinois's |
9 | | Champaign-Urbana campus immediately
prior to the elimination |
10 | | of that fire department and who immediately after the
|
11 | | elimination of that fire department became employed by the fire |
12 | | department of
the City of Urbana or the City of Champaign shall |
13 | | continue to be considered as
an employee for purposes of this |
14 | | Article for so long as the individual remains
employed as a |
15 | | firefighter by the City of Urbana or the City of Champaign. The
|
16 | | individual shall cease to be considered an employee under this |
17 | | subsection (h)
upon the first termination of the individual's |
18 | | employment as a firefighter by
the City of Urbana or the City |
19 | | of Champaign.
|
20 | | (i) An individual who is employed on a full-time basis as |
21 | | an officer
or employee of a statewide teacher organization that |
22 | | serves System
participants or an officer of a national teacher |
23 | | organization that serves
System participants may participate |
24 | | in the System and shall be deemed an
employee, provided that |
25 | | (1) the individual has previously earned
creditable service |
26 | | under this Article, (2) the individual files with the
System an |
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1 | | irrevocable election to become a participant before the |
2 | | effective date of this amendatory Act of the 97th General |
3 | | Assembly, (3) the
individual does not receive credit for that |
4 | | employment under any other Article
of this Code, and (4) the |
5 | | individual first became a full-time employee of the teacher |
6 | | organization and becomes a participant before the effective |
7 | | date of this amendatory Act of the 97th General Assembly. An |
8 | | employee under this subsection (i) is responsible for paying
to |
9 | | the System both (A) employee contributions based on the actual |
10 | | compensation
received for service with the teacher |
11 | | organization and (B) employer
contributions equal to the normal |
12 | | costs (as defined in Section 15-155)
resulting from that |
13 | | service; all or any part of these contributions may be
paid on |
14 | | the employee's behalf or picked up for tax purposes (if |
15 | | authorized
under federal law) by the teacher organization.
|
16 | | A person who is an employee as defined in this subsection |
17 | | (i) may establish
service credit for similar employment prior |
18 | | to becoming an employee under this
subsection by paying to the |
19 | | System for that employment the contributions
specified in this |
20 | | subsection, plus interest at the effective rate from the
date |
21 | | of service to the date of payment. However, credit shall not be |
22 | | granted
under this subsection for any such prior employment for |
23 | | which the applicant
received credit under any other provision |
24 | | of this Code, or during which
the applicant was on a leave of |
25 | | absence under Section 15-113.2.
|
26 | | (j) A person employed by the State Board of Higher |
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1 | | Education in a position with the Illinois Century Network as of |
2 | | June 30, 2004 shall be considered to be an employee for so long |
3 | | as he or she remains continuously employed after that date by |
4 | | the Department of Central Management Services in a position |
5 | | with the Illinois Century Network, the Bureau of Communication |
6 | | and Computer Services, or, if applicable, any successor bureau
|
7 | | and meets the requirements of subsection (a).
|
8 | | (k) In the case of doubt as to whether any person is an |
9 | | employee within the meaning of this Section, the decision of |
10 | | the Board shall be final. |
11 | | (Source: P.A. 97-651, eff. 1-5-12.)
|
12 | | (40 ILCS 5/15-107.1 new) |
13 | | Sec. 15-107.1. Tier I participant. "Tier I participant": A |
14 | | participant under this Article, other than a participant in the |
15 | | self-managed plan under Section 15-158.2, who first became a |
16 | | member or participant before January 1, 2011 under any |
17 | | reciprocal retirement system or pension fund established under |
18 | | this Code other than a retirement system or pension fund |
19 | | established under Article 2, 3, 4, 5, 6, or 18 of this Code. |
20 | | (40 ILCS 5/15-107.2 new) |
21 | | Sec. 15-107.2. Tier I retiree. "Tier I retiree": A former |
22 | | Tier I participant who is receiving a retirement annuity. |
23 | | A person does not become a Tier I retiree by virtue of |
24 | | receiving a reversionary, survivors, beneficiary, or |
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1 | | disability annuity.
|
2 | | (40 ILCS 5/15-111) (from Ch. 108 1/2, par. 15-111)
|
3 | | Sec. 15-111. Earnings.
"Earnings": An amount paid for |
4 | | personal services equal to the sum of
the basic compensation |
5 | | plus extra compensation for summer teaching,
overtime or other |
6 | | extra service. For periods for which an employee receives
|
7 | | service credit under subsection (c) of Section 15-113.1 or |
8 | | Section 15-113.2,
earnings are equal to the basic compensation |
9 | | on which contributions are
paid by the employee during such |
10 | | periods. Compensation for employment which is
irregular, |
11 | | intermittent and temporary shall not be considered earnings, |
12 | | unless
the participant is also receiving earnings from the |
13 | | employer as an employee
under Section 15-107.
|
14 | | With respect to transition pay paid by the University of |
15 | | Illinois to a
person who was a participating employee employed |
16 | | in the fire department of
the University of Illinois's |
17 | | Champaign-Urbana campus immediately prior to
the elimination |
18 | | of that fire department:
|
19 | | (1) "Earnings" includes transition pay paid to the |
20 | | employee on or after
the effective date of this amendatory |
21 | | Act of the 91st General Assembly.
|
22 | | (2) "Earnings" includes transition pay paid to the |
23 | | employee before the
effective date of this amendatory Act |
24 | | of the 91st General Assembly only if (i)
employee |
25 | | contributions under Section 15-157 have been withheld from |
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1 | | that
transition pay or (ii) the employee pays to the System |
2 | | before January 1, 2001
an amount representing employee |
3 | | contributions under Section 15-157 on that
transition pay. |
4 | | Employee contributions under item (ii) may be paid in a |
5 | | lump
sum, by withholding from additional transition pay |
6 | | accruing before January 1,
2001, or in any other manner |
7 | | approved by the System. Upon payment of the
employee |
8 | | contributions on transition pay, the corresponding |
9 | | employer
contributions become an obligation of the State.
|
10 | | (f) Notwithstanding any other provision of this Code, the |
11 | | earnings of a Tier I participant for the purposes of this Code |
12 | | shall not exceed, for periods of service on or after the |
13 | | effective date of this amendatory Act of the 98th General |
14 | | Assembly, the greater of (i) the annual contribution and |
15 | | benefit base established for the applicable year by the |
16 | | Commissioner of Social Security under the federal Social |
17 | | Security Act or (ii) the annual earnings of the participant |
18 | | during the 365 days immediately preceding that effective date; |
19 | | except that this limitation does not apply to a participant's |
20 | | earnings that are determined under an employment contract or |
21 | | collective bargaining agreement that is in effect on the |
22 | | effective date of this amendatory Act of the 98th General |
23 | | Assembly and has not been amended or renewed after that date. |
24 | | (Source: P.A. 91-887, eff. 7-6-00.)
|
25 | | (40 ILCS 5/15-113.2) (from Ch. 108 1/2, par. 15-113.2)
|
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1 | | Sec. 15-113.2. Service for leaves of absence. "Service for |
2 | | leaves of
absence" includes those periods of leaves of absence |
3 | | at less than 50%
pay, except military leave and periods of |
4 | | disability leave in excess of 60
days, for which the employee |
5 | | pays the contributions required under Section
15-157 in |
6 | | accordance with rules prescribed by the board based upon the
|
7 | | employee's basic compensation on the date the leave begins, or |
8 | | in the case
of leave for service with a teacher organization, |
9 | | based upon the actual
compensation received by the employee for |
10 | | such service after January 26,
1988, if the employee so elects |
11 | | within 30 days of that date or the date the
leave for service |
12 | | with a teacher organization begins, whichever is later;
|
13 | | provided that the employee (1) returns to employment covered by |
14 | | this system
at the expiration of the leave, or within 30 days |
15 | | after the termination of
a disability which occurs during the |
16 | | leave and continues this employment
at a percentage of time |
17 | | equal to or greater than the percentage of time
immediately |
18 | | preceding the leave of absence for at least 8 consecutive
|
19 | | months or a period equal to the period of the leave,
whichever |
20 | | is less, or (2) is precluded from meeting the foregoing
|
21 | | conditions because of disability or death. If service credit is |
22 | | denied
because the employee fails to meet these conditions, the |
23 | | contributions
covering the leave of absence shall be refunded |
24 | | without interest. The
return to employment condition does not |
25 | | apply if the leave of absence is
for service with a teacher |
26 | | organization.
|
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1 | | Service credit provided under this Section shall not exceed |
2 | | 3 years in
any period of 10 years, unless the employee is on |
3 | | special leave granted
by the employer for service with a |
4 | | teacher organization. Commencing with
the fourth year in any |
5 | | period of 10 years, a participant on such special
leave is also |
6 | | required to pay employer contributions equal to the normal
cost |
7 | | as defined in Section 15-155, based upon the employee's basic |
8 | | compensation
on the date the leave begins, or based upon the |
9 | | actual compensation
received by the employee for service with a |
10 | | teacher organization if the
employee has so elected.
|
11 | | Notwithstanding any other provision of this Article, a |
12 | | participant shall not be eligible to make contributions or |
13 | | receive service credit for a leave of absence for service with |
14 | | a teacher organization if that leave of absence for service |
15 | | with a teacher organization begins on or after the effective |
16 | | date of this amendatory Act of the 98th General Assembly. |
17 | | (Source: P.A. 90-65, eff. 7-7-97; 90-511, eff. 8-22-97.)
|
18 | | (40 ILCS 5/15-135) (from Ch. 108 1/2, par. 15-135)
|
19 | | Sec. 15-135. Retirement annuities - Conditions.
|
20 | | (a) A participant who retires in one of the following |
21 | | specified years with
the specified amount of service is |
22 | | entitled to a retirement annuity at any age
under the |
23 | | retirement program applicable to the participant:
|
24 | | 35 years if retirement is in 1997 or before;
|
25 | | 34 years if retirement is in 1998;
|
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1 | | 33 years if retirement is in 1999;
|
2 | | 32 years if retirement is in 2000;
|
3 | | 31 years if retirement is in 2001;
|
4 | | 30 years if retirement is in 2002 or later.
|
5 | | A participant with 8 or more years of service after |
6 | | September 1, 1941, is
entitled to a retirement annuity on or |
7 | | after attainment of age 55.
|
8 | | A participant with at least 5 but less than 8 years
of |
9 | | service after September 1, 1941, is entitled to a retirement |
10 | | annuity on
or after attainment of age 62.
|
11 | | A participant who has at least 25 years of service in this |
12 | | system as a
police officer or firefighter is entitled to a |
13 | | retirement
annuity on or after the attainment of age 50, if |
14 | | Rule 4 of Section
15-136 is applicable to the participant.
|
15 | | (a-5) Notwithstanding subsection (a) of this Section, for a |
16 | | Tier I participant who begins receiving a retirement annuity |
17 | | under this Article after July 1, 2013: |
18 | | (1) If the Tier I participant is at least 45 years old |
19 | | on the effective date of this amendatory Act of the 98th |
20 | | General Assembly, then the reference to retirement with 30 |
21 | | years of service as well as the references to age 50, 55, |
22 | | and 62 in 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 reference to |
26 | | retirement with 30 years of service as well as the |
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1 | | references to age 50, 55, and 62 in subsection (a) of this |
2 | | Section shall be increased by one year. |
3 | | (3) If the Tier I participant is at least 35 but less |
4 | | than 40 years old on the effective date of this amendatory |
5 | | Act of the 98th General Assembly, then the reference to |
6 | | retirement with 30 years of service as well as the |
7 | | references to age 50, 55, and 62 in subsection (a) of this |
8 | | Section shall be increased by 3 years. |
9 | | (4) If the Tier I participant is less than 35 years old |
10 | | on the effective date of this amendatory Act of the 98th |
11 | | General Assembly, then the reference to retirement with 30 |
12 | | years of service as well as the references to age 50, 55, |
13 | | and 62 in subsection (a) of this Section shall be increased |
14 | | by 5 years. |
15 | | Notwithstanding Section 1-103.1, this subsection (a-5) |
16 | | applies without regard to whether or not the Tier I participant |
17 | | 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) The annuity payment period shall begin on the date |
21 | | specified by the
participant or the recipient of a disability |
22 | | retirement annuity submitting a written application, which |
23 | | date shall not be prior
to termination of employment or more |
24 | | than one year before the application is
received by the board; |
25 | | however, if the participant is not an employee of an
employer |
26 | | participating in this System or in a participating system as |
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1 | | defined
in Article 20 of this Code on April 1 of the calendar |
2 | | year next following
the calendar year in which the participant |
3 | | attains age 70 1/2, the annuity
payment period shall begin on |
4 | | that date regardless of whether an application
has been filed.
|
5 | | (c) An annuity is not payable if the amount provided under |
6 | | Section
15-136 is less than $10 per month.
|
7 | | (Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12.)
|
8 | | (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
|
9 | | Sec. 15-136. Retirement annuities - Amount. The provisions |
10 | | of this
Section 15-136 apply only to those participants who are |
11 | | participating in the
traditional benefit package or the |
12 | | portable benefit package and do not
apply to participants who |
13 | | are participating in the self-managed plan.
|
14 | | (a) The amount of a participant's retirement annuity, |
15 | | expressed in the form
of a single-life annuity, shall be |
16 | | determined by whichever of the following
rules is applicable |
17 | | and provides the largest annuity:
|
18 | | Rule 1: The retirement annuity shall be 1.67% of final rate |
19 | | of earnings for
each of the first 10 years of service, 1.90% |
20 | | for each of the next 10 years of
service, 2.10% for each year |
21 | | of service in excess of 20 but not exceeding 30,
and 2.30% for |
22 | | each year in excess of 30; or for persons who retire on or
|
23 | | after January 1, 1998, 2.2% of the final rate of earnings for |
24 | | each year of
service.
|
25 | | Rule 2: The retirement annuity shall be the sum of the |
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1 | | following,
determined from amounts credited to the participant |
2 | | in accordance with the
actuarial tables and the effective rate |
3 | | of interest in effect at the
time the retirement annuity |
4 | | begins:
|
5 | | (i) the normal annuity which can be provided on an |
6 | | actuarially
equivalent basis, by the accumulated normal |
7 | | contributions as of
the date the annuity begins;
|
8 | | (ii) an annuity from employer contributions of an |
9 | | amount equal to that
which can be provided on an |
10 | | actuarially equivalent basis from the accumulated
normal |
11 | | contributions made by the participant under Section |
12 | | 15-113.6 and Section
15-113.7 plus 1.4 times all other |
13 | | accumulated normal contributions made by
the participant; |
14 | | and
|
15 | | (iii) the annuity that can be provided on an |
16 | | actuarially equivalent basis
from the entire contribution |
17 | | made by the participant under Section 15-113.3.
|
18 | | For the purpose of calculating an annuity under this Rule |
19 | | 2, the contribution required under subsection (c-5) of Section |
20 | | 15-157 shall not be considered when determining the |
21 | | participant's accumulated normal contributions under clause |
22 | | (i) or the employer contribution under clause (ii). |
23 | | With respect to a police officer or firefighter who retires |
24 | | on or after
August 14, 1998, the accumulated normal |
25 | | contributions taken into account under
clauses (i) and (ii) of |
26 | | this Rule 2 shall include the additional normal
contributions |
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1 | | made by the police officer or firefighter under Section
|
2 | | 15-157(a).
|
3 | | The amount of a retirement annuity calculated under this |
4 | | Rule 2 shall
be computed solely on the basis of the |
5 | | participant's accumulated normal
contributions, as specified |
6 | | in this Rule and defined in Section 15-116.
Neither an employee |
7 | | or employer contribution for early retirement under
Section |
8 | | 15-136.2 nor any other employer contribution shall be used in |
9 | | the
calculation of the amount of a retirement annuity under |
10 | | this Rule 2.
|
11 | | This amendatory Act of the 91st General Assembly is a |
12 | | clarification of
existing law and applies to every participant |
13 | | and annuitant without regard to
whether status as an employee |
14 | | terminates before the effective date of this
amendatory Act.
|
15 | | This Rule 2 does not apply to a person who first becomes an |
16 | | employee under this Article on or after July 1, 2005.
|
17 | | Rule 3: The retirement annuity of a participant who is |
18 | | employed
at least one-half time during the period on which his |
19 | | or her final rate of
earnings is based, shall be equal to the |
20 | | participant's years of service
not to exceed 30, multiplied by |
21 | | (1) $96 if the participant's final rate
of earnings is less |
22 | | than $3,500, (2) $108 if the final rate of earnings is
at least |
23 | | $3,500 but less than $4,500, (3) $120 if the final rate of |
24 | | earnings
is at least $4,500 but less than $5,500, (4) $132 if |
25 | | the final rate
of earnings is at least $5,500 but less than |
26 | | $6,500, (5)
$144 if the final rate of earnings is at least |
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1 | | $6,500 but less than
$7,500, (6) $156 if the final rate of |
2 | | earnings is at least $7,500 but less
than $8,500, (7) $168 if |
3 | | the final rate of earnings is at least $8,500 but
less than |
4 | | $9,500, and (8) $180 if the final rate of earnings is $9,500 or
|
5 | | more, except that the annuity for those persons having made an |
6 | | election under
Section 15-154(a-1) shall be calculated and |
7 | | payable under the portable
retirement benefit program pursuant |
8 | | to the provisions of Section 15-136.4.
|
9 | | Rule 4: A participant who is at least age 50 and has 25 or |
10 | | more years of
service as a police officer or firefighter, and a |
11 | | participant who is age 55 or
over and has at least 20 but less |
12 | | than 25 years of service as a police officer
or firefighter, |
13 | | shall be entitled to a retirement annuity of 2 1/4% of the
|
14 | | final rate of earnings for each of the first 10 years of |
15 | | service as a police
officer or firefighter, 2 1/2% for each of |
16 | | the next 10 years of service as a
police officer or |
17 | | firefighter, and 2 3/4% for each year of service as a police
|
18 | | officer or firefighter in excess of 20. The retirement annuity |
19 | | for all other
service shall be computed under Rule 1.
|
20 | | For purposes of this Rule 4, a participant's service as a |
21 | | firefighter
shall also include the following:
|
22 | | (i) service that is performed while the person is an |
23 | | employee under
subsection (h) of Section 15-107; and
|
24 | | (ii) in the case of an individual who was a |
25 | | participating employee
employed in the fire department of |
26 | | the University of Illinois's
Champaign-Urbana campus |
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1 | | immediately prior to the elimination of that fire
|
2 | | department and who immediately after the elimination of |
3 | | that fire department
transferred to another job with the |
4 | | University of Illinois, service performed
as an employee of |
5 | | the University of Illinois in a position other than police
|
6 | | officer or firefighter, from the date of that transfer |
7 | | until the employee's
next termination of service with the |
8 | | University of Illinois.
|
9 | | Rule 5: The retirement annuity of a participant who elected |
10 | | early
retirement under the provisions of Section 15-136.2 and |
11 | | who, on or before
February 16, 1995, brought administrative |
12 | | proceedings pursuant to the
administrative rules adopted by the |
13 | | System to challenge the calculation of his
or her retirement |
14 | | annuity shall be the sum of the following, determined from
|
15 | | amounts credited to the participant in accordance with the |
16 | | actuarial tables and
the prescribed rate of interest in effect |
17 | | at the time the retirement annuity
begins:
|
18 | | (i) the normal annuity which can be provided on an |
19 | | actuarially equivalent
basis, by the accumulated normal |
20 | | contributions as of the date the annuity
begins; and
|
21 | | (ii) an annuity from employer contributions of an |
22 | | amount equal to that
which can be provided on an |
23 | | actuarially equivalent basis from the accumulated
normal |
24 | | contributions made by the participant under Section |
25 | | 15-113.6 and Section
15-113.7 plus 1.4 times all other |
26 | | accumulated normal contributions made by the
participant; |
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1 | | and
|
2 | | (iii) an annuity which can be provided on an |
3 | | actuarially equivalent basis
from the employee |
4 | | contribution for early retirement under Section 15-136.2, |
5 | | and
an annuity from employer contributions of an amount |
6 | | equal to that which can be
provided on an actuarially |
7 | | equivalent basis from the employee contribution for
early |
8 | | retirement under Section 15-136.2.
|
9 | | In no event shall a retirement annuity under this Rule 5 be |
10 | | lower than the
amount obtained by adding (1) the monthly amount |
11 | | obtained by dividing the
combined employee and employer |
12 | | contributions made under Section 15-136.2 by the
System's |
13 | | annuity factor for the age of the participant at the beginning |
14 | | of the
annuity payment period and (2) the amount equal to the |
15 | | participant's annuity if
calculated under Rule 1, reduced under |
16 | | Section 15-136(b) as if no
contributions had been made under |
17 | | Section 15-136.2.
|
18 | | With respect to a participant who is qualified for a |
19 | | retirement annuity under
this Rule 5 whose retirement annuity |
20 | | began before the effective date of this
amendatory Act of the |
21 | | 91st General Assembly, and for whom an employee
contribution |
22 | | was made under Section 15-136.2, the System shall recalculate |
23 | | the
retirement annuity under this Rule 5 and shall pay any |
24 | | additional amounts due
in the manner provided in Section |
25 | | 15-186.1 for benefits mistakenly set too low.
|
26 | | The amount of a retirement annuity calculated under this |
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1 | | Rule 5 shall be
computed solely on the basis of those |
2 | | contributions specifically set forth in
this Rule 5. Except as |
3 | | provided in clause (iii) of this Rule 5, neither an
employee |
4 | | nor employer contribution for early retirement under Section |
5 | | 15-136.2,
nor any other employer contribution, shall be used in |
6 | | the calculation of the
amount of a retirement annuity under |
7 | | this Rule 5.
|
8 | | The General Assembly has adopted the changes set forth in |
9 | | Section 25 of this
amendatory Act of the 91st General Assembly |
10 | | in recognition that the decision of
the Appellate Court for the |
11 | | Fourth District in Mattis v. State Universities
Retirement |
12 | | System et al. might be deemed to give some right to the |
13 | | plaintiff in
that case. The changes made by Section 25 of this |
14 | | amendatory Act of the 91st
General Assembly are a legislative |
15 | | implementation of the decision of the
Appellate Court for the |
16 | | Fourth District in Mattis v. State Universities
Retirement |
17 | | System et al. with respect to that plaintiff.
|
18 | | The changes made by Section 25 of this amendatory Act of |
19 | | the 91st General
Assembly apply without regard to whether the |
20 | | person is in service as an
employee on or after its effective |
21 | | date.
|
22 | | (b) The retirement annuity provided under Rules 1 and 3 |
23 | | above shall be
reduced by 1/2 of 1% for each month the |
24 | | participant is under age 60 at the
time of retirement. However, |
25 | | this reduction shall not apply in the following
cases:
|
26 | | (1) For a disabled participant whose disability |
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1 | | benefits have been
discontinued because he or she has |
2 | | exhausted eligibility for disability
benefits under clause |
3 | | (6) of Section 15-152;
|
4 | | (2) For a participant who has at least the number of |
5 | | years of service
required to retire at any age under |
6 | | subsection (a) of Section 15-135; or
|
7 | | (3) For that portion of a retirement annuity which has |
8 | | been provided on
account of service of the participant |
9 | | during periods when he or she performed
the duties of a |
10 | | police officer or firefighter, if these duties were |
11 | | performed
for at least 5 years immediately preceding the |
12 | | date the retirement annuity
is to begin.
|
13 | | (c) The maximum retirement annuity provided under Rules 1, |
14 | | 2, 4,
and 5
shall be the lesser of (1) the annual limit of |
15 | | benefits as specified in
Section 415 of the Internal Revenue |
16 | | Code of 1986, as such Section may be
amended from time to time |
17 | | and as such benefit limits shall be adjusted by
the |
18 | | Commissioner of Internal Revenue, and (2) 80% of final rate of
|
19 | | earnings.
|
20 | | (d) Subject to the provisions of subsections (d-1), (d-2), |
21 | | and (d-3) of this Section, an An annuitant whose status as an |
22 | | employee terminates after August 14,
1969 shall receive |
23 | | automatic increases in his or her retirement annuity as
|
24 | | follows:
|
25 | | Effective January 1 immediately following the date the |
26 | | retirement annuity
begins, the annuitant shall receive an |
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1 | | increase in his or her monthly
retirement annuity of 0.125% of |
2 | | the monthly retirement annuity provided under
Rule 1, Rule 2, |
3 | | Rule 3, Rule 4, or Rule 5, contained in this
Section, |
4 | | multiplied by
the number of full months which elapsed from the |
5 | | date the retirement annuity
payments began to January 1, 1972, |
6 | | plus 0.1667% of such annuity, multiplied by
the number of full |
7 | | months which elapsed from January 1, 1972, or the date the
|
8 | | retirement annuity payments began, whichever is later, to |
9 | | January 1, 1978, plus
0.25% of such annuity multiplied by the |
10 | | number of full months which elapsed
from January 1, 1978, or |
11 | | the date the retirement annuity payments began,
whichever is |
12 | | later, to the effective date of the increase.
|
13 | | The annuitant shall receive an increase in his or her |
14 | | monthly retirement
annuity on each January 1 thereafter during |
15 | | the annuitant's life of 3% of
the monthly annuity provided |
16 | | under Rule 1, Rule 2, Rule 3, Rule 4, or
Rule 5 contained
in |
17 | | this Section. The change made under this subsection by P.A. |
18 | | 81-970 is
effective January 1, 1980 and applies to each |
19 | | annuitant whose status as
an employee terminates before or |
20 | | after that date.
|
21 | | Beginning January 1, 1990 and except as provided in |
22 | | subsections (d-1), (d-2), and (d-3) of this Section , all |
23 | | automatic annual increases payable under
this Section shall be |
24 | | calculated as a percentage of the total annuity
payable at the |
25 | | time of the increase, including all increases previously
|
26 | | granted under this Article.
|
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1 | | The change made in this subsection by P.A. 85-1008 is |
2 | | effective January
26, 1988, and is applicable without regard to |
3 | | whether status as an employee
terminated before that date.
|
4 | | (d-1) Notwithstanding any other provision of this Article, |
5 | | except subsection (d-3) of this Section, for a Tier I retiree, |
6 | | the amount of each automatic annual increase in retirement |
7 | | annuity occurring on or after the effective date of this |
8 | | amendatory Act of the 98th General Assembly shall be the lesser |
9 | | of $750 or 3% of the total annuity
payable at the time of the |
10 | | increase, including previous increases granted. |
11 | | (d-2) Notwithstanding any other provision of this Article, |
12 | | except subsection (d-3) of this Section, for a Tier I retiree, |
13 | | the monthly retirement annuity shall first be subject to annual |
14 | | increases on the January 1 occurring on or next after the |
15 | | attainment of age 67 or the January 1 occurring on or next |
16 | | after the fifth anniversary of the annuity start date, |
17 | | whichever occurs earlier. If on the effective date of this |
18 | | amendatory Act of the 98th General Assembly a Tier I retiree |
19 | | has already received an annual increase under this Section but |
20 | | does not yet meet the new eligibility requirements of this |
21 | | subsection, the annual increases already received shall |
22 | | continue in force, but no additional annual increase shall be |
23 | | granted until the Tier I retiree meets the new eligibility |
24 | | requirements. |
25 | | (d-3) Notwithstanding any other provision of this Article, |
26 | | a Tier I retiree is ineligible to receive an automatic annual |
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1 | | increase in retirement annuity pursuant to this Section, unless |
2 | | he or she has 20 years of creditable service under this |
3 | | Article. If on the effective date of this amendatory Act of the |
4 | | 98th General Assembly a Tier I retiree has already received an |
5 | | annual increase under this Section but does not yet meet the |
6 | | new eligibility requirements of this subsection, the annual |
7 | | increases already received shall continue in force, but no |
8 | | additional annual increase shall be granted until the Tier I |
9 | | retiree meets the new eligibility requirements. |
10 | | (d-4) Notwithstanding Section 1-103.1, subsections (d-1) |
11 | | and (d-2) apply without regard to whether or not the Tier I |
12 | | retiree is in active service under this Article on or after the |
13 | | effective date of this amendatory Act of the 98th General |
14 | | Assembly. |
15 | | (e) If, on January 1, 1987, or the date the retirement |
16 | | annuity payment
period begins, whichever is later, the sum of |
17 | | the retirement annuity
provided under Rule 1 or Rule 2 of this |
18 | | Section
and the automatic annual increases provided under the |
19 | | preceding subsection
or Section 15-136.1, amounts to less than |
20 | | the retirement
annuity which would be provided by Rule 3, the |
21 | | retirement
annuity shall be increased as of January 1, 1987, or |
22 | | the date the
retirement annuity payment period begins, |
23 | | whichever is later, to the amount
which would be provided by |
24 | | Rule 3 of this Section. Such increased
amount shall be |
25 | | considered as the retirement annuity in determining
benefits |
26 | | provided under other Sections of this Article. This paragraph
|
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1 | | applies without regard to whether status as an employee |
2 | | terminated before the
effective date of this amendatory Act of |
3 | | 1987, provided that the annuitant was
employed at least |
4 | | one-half time during the period on which the final rate of
|
5 | | earnings was based.
|
6 | | (f) A participant is entitled to such additional annuity as |
7 | | may be provided
on an actuarially equivalent basis, by any |
8 | | accumulated
additional contributions to his or her credit. |
9 | | However,
the additional contributions made by the participant |
10 | | toward the automatic
increases in annuity provided under this |
11 | | Section and the contributions made under subsection (c-5) of |
12 | | Section 15-157 by this amendatory Act of the 98th General |
13 | | Assembly shall not be taken into
account in determining the |
14 | | amount of such additional annuity.
|
15 | | (g) If, (1) by law, a function of a governmental unit, as |
16 | | defined by Section
20-107 of this Code, is transferred in whole |
17 | | or in part to an employer, and (2)
a participant transfers |
18 | | employment from such governmental unit to such employer
within |
19 | | 6 months after the transfer of the function, and (3) the sum of |
20 | | (A) the
annuity payable to the participant under Rule 1, 2, or |
21 | | 3 of this Section (B)
all proportional annuities payable to the |
22 | | participant by all other retirement
systems covered by Article |
23 | | 20, and (C) the initial primary insurance amount to
which the |
24 | | participant is entitled under the Social Security Act, is less |
25 | | than
the retirement annuity which would have been payable if |
26 | | all of the
participant's pension credits validated under |
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1 | | Section 20-109 had been validated
under this system, a |
2 | | supplemental annuity equal to the difference in such
amounts |
3 | | shall be payable to the participant.
|
4 | | (h) On January 1, 1981, an annuitant who was receiving
a |
5 | | retirement annuity on or before January 1, 1971 shall have his |
6 | | or her
retirement annuity then being paid increased $1 per |
7 | | month for
each year of creditable service. On January 1, 1982, |
8 | | an annuitant whose
retirement annuity began on or before |
9 | | January 1, 1977, shall have his or her
retirement annuity then |
10 | | being paid increased $1 per month for each year of
creditable |
11 | | service.
|
12 | | (i) On January 1, 1987, any annuitant whose retirement |
13 | | annuity began on or
before January 1, 1977, shall have the |
14 | | monthly retirement annuity increased by
an amount equal to 8¢ |
15 | | per year of creditable service times the number of years
that |
16 | | have elapsed since the annuity began.
|
17 | | (j) For participants to whom subsection (a-5) of Section |
18 | | 15-135 applies, the references to age 50, 55, and 62 in this |
19 | | Section are increased as provided in subsection (a-5) of |
20 | | Section 15-135. |
21 | | (Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12.)
|
22 | | (40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
|
23 | | Sec. 15-155. Employer contributions.
|
24 | | (a) The State of Illinois shall make contributions by |
25 | | appropriations of
amounts which, together with the other |
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1 | | employer contributions from trust,
federal, and other funds , |
2 | | employee contributions, income from investments,
and other |
3 | | income of this System, will be sufficient to meet the cost of
|
4 | | maintaining and administering the System on a 100% 90% funded |
5 | | basis in accordance
with actuarial recommendations by the end |
6 | | of State fiscal year 2043 .
|
7 | | The Board shall determine the amount of State contributions |
8 | | required for
each fiscal year on the basis of the actuarial |
9 | | tables and other assumptions
adopted by the Board and the |
10 | | recommendations of the actuary, using the formula
in subsection |
11 | | (a-1).
|
12 | | (a-1) For State fiscal years 2014 through 2043, the minimum |
13 | | contribution
to the System to be made by the State for each |
14 | | fiscal year shall be an amount
determined by the System to be |
15 | | equal to the sum of (1) the State's portion of the projected |
16 | | normal cost for that fiscal year, plus (2) an amount sufficient |
17 | | to bring the total assets of the
System up to 100% of the total |
18 | | actuarial liabilities of the System by the end of
State fiscal |
19 | | year 2043. In making these determinations, the required State
|
20 | | contribution shall be calculated each year as a level |
21 | | percentage of payroll
over the years remaining to and including |
22 | | fiscal year 2043 and shall be
determined under the projected |
23 | | unit credit actuarial cost method. |
24 | | Beginning in State fiscal year 2044, 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 | | For State fiscal years 2012 and 2013 through 2045 , the |
3 | | minimum contribution
to the System to be made by the State for |
4 | | each fiscal year shall be an amount
determined by the System to |
5 | | be sufficient to bring the total assets of the
System up to 90% |
6 | | of the total actuarial liabilities of the System by the end of
|
7 | | State fiscal year 2045. In making these determinations, the |
8 | | required State
contribution shall be calculated each year as a |
9 | | level percentage of payroll
over the years remaining to and |
10 | | including fiscal year 2045 and shall be
determined under the |
11 | | projected unit credit actuarial cost method.
|
12 | | For State fiscal years 1996 through 2005, the State |
13 | | contribution to
the System, as a percentage of the applicable |
14 | | employee payroll, shall be
increased in equal annual increments |
15 | | so that by State fiscal year 2011, the
State is contributing at |
16 | | the rate required under this Section.
|
17 | | Notwithstanding any other provision of this Article, the |
18 | | total required State
contribution for State fiscal year 2006 is |
19 | | $166,641,900.
|
20 | | Notwithstanding any other provision of this Article, the |
21 | | total required State
contribution for State fiscal year 2007 is |
22 | | $252,064,100.
|
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 contribution for State fiscal year 2010 is |
5 | | $702,514,000 and shall be made from the State Pensions Fund and |
6 | | proceeds of bonds sold in fiscal year 2010 pursuant to Section |
7 | | 7.2 of the General Obligation Bond Act, less (i) the pro rata |
8 | | share of bond sale expenses determined by the System's share of |
9 | | total bond proceeds, (ii) any amounts received from the General |
10 | | Revenue Fund in fiscal year 2010, (iii) any reduction in bond |
11 | | proceeds due to the issuance of discounted bonds, if |
12 | | applicable. |
13 | | Notwithstanding any other provision of this Article, the
|
14 | | total required State contribution for State fiscal year 2011 is
|
15 | | the amount recertified by the System on or before April 1, 2011 |
16 | | pursuant to Section 15-165 and shall be made from the State |
17 | | Pensions Fund and
proceeds of bonds sold in fiscal year 2011 |
18 | | pursuant to Section
7.2 of the General Obligation Bond Act, |
19 | | less (i) the pro rata
share of bond sale expenses determined by |
20 | | the System's share of
total bond proceeds, (ii) any amounts |
21 | | received from the General
Revenue Fund in fiscal year 2011, and |
22 | | (iii) any reduction in bond
proceeds due to the issuance of |
23 | | discounted bonds, if
applicable. |
24 | | Beginning in State fiscal year 2046, the minimum State |
25 | | contribution for
each fiscal year shall be the amount needed to |
26 | | maintain the total assets of
the System at 90% of the total |
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1 | | actuarial liabilities of the System.
|
2 | | Amounts received by the System pursuant to Section 25 of |
3 | | the Budget Stabilization Act or Section 8.12 of the State |
4 | | Finance Act in any fiscal year do not reduce and do not |
5 | | constitute payment of any portion of the minimum State |
6 | | contribution required under this Article in that fiscal year. |
7 | | Such amounts shall not reduce, and shall not be included in the |
8 | | calculation of, the required State contributions under this |
9 | | Article in any future year until the System has reached a |
10 | | funding ratio of at least 100% 90% . A reference in this Article |
11 | | to the "required State contribution" or any substantially |
12 | | similar term does not include or apply to any amounts payable |
13 | | to the System under Section 25 of the Budget Stabilization Act. |
14 | | Notwithstanding any other provision of this Section, the |
15 | | required State
contribution for State fiscal year 2005 and for |
16 | | fiscal year 2008 and each fiscal year thereafter through State |
17 | | fiscal year 2013 , as
calculated under this Section and
|
18 | | certified under Section 15-165, shall not exceed an amount |
19 | | equal to (i) the
amount of the required State contribution that |
20 | | would have been calculated under
this Section for that fiscal |
21 | | year if the System had not received any payments
under |
22 | | subsection (d) of Section 7.2 of the General Obligation Bond |
23 | | Act, minus
(ii) the portion of the State's total debt service |
24 | | payments for that fiscal
year on the bonds issued in fiscal |
25 | | year 2003 for the purposes of that Section 7.2, as determined
|
26 | | and certified by the Comptroller, that is the same as the |
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1 | | System's portion of
the total moneys distributed under |
2 | | subsection (d) of Section 7.2 of the General
Obligation Bond |
3 | | Act. In determining this maximum for State fiscal years 2008 |
4 | | through 2010, however, the amount referred to in item (i) shall |
5 | | be increased, as a percentage of the applicable employee |
6 | | payroll, in equal increments calculated from the sum of the |
7 | | required State contribution for State fiscal year 2007 plus the |
8 | | applicable portion of the State's total debt service payments |
9 | | for fiscal year 2007 on the bonds issued in fiscal year 2003 |
10 | | for the purposes of Section 7.2 of the General
Obligation Bond |
11 | | Act, so that, by State fiscal year 2011, the
State is |
12 | | contributing at the rate otherwise required under this Section.
|
13 | | (b) If an employee is paid from trust or federal funds, the |
14 | | employer
shall pay to the Board contributions from those funds |
15 | | which are
sufficient to cover the accruing normal costs on |
16 | | behalf of the employee.
However, universities having employees |
17 | | who are compensated out of local
auxiliary funds, income funds, |
18 | | or service enterprise funds are not required
to pay such |
19 | | contributions on behalf of those employees. The local auxiliary
|
20 | | funds, income funds, and service enterprise funds of |
21 | | universities shall not be
considered trust funds for the |
22 | | purpose of this Article, but funds of alumni
associations, |
23 | | foundations, and athletic associations which are affiliated |
24 | | with
the universities included as employers under this Article |
25 | | and other employers
which do not receive State appropriations |
26 | | are considered to be trust funds for
the purpose of this |
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1 | | Article.
|
2 | | (b-1) The City of Urbana and the City of Champaign shall |
3 | | each make
employer contributions to this System for their |
4 | | respective firefighter
employees who participate in this |
5 | | System pursuant to subsection (h) of Section
15-107. The rate |
6 | | of contributions to be made by those municipalities shall
be |
7 | | determined annually by the Board on the basis of the actuarial |
8 | | assumptions
adopted by the Board and the recommendations of the |
9 | | actuary, and shall be
expressed as a percentage of salary for |
10 | | each such employee. The Board shall
certify the rate to the |
11 | | affected municipalities as soon as may be practical.
The |
12 | | employer contributions required under this subsection shall be |
13 | | remitted by
the municipality to the System at the same time and |
14 | | in the same manner as
employee contributions.
|
15 | | (c) Through State fiscal year 1995: The total employer |
16 | | contribution shall
be apportioned among the various funds of |
17 | | the State and other employers,
whether trust, federal, or other |
18 | | funds, in accordance with actuarial procedures
approved by the |
19 | | Board. State of Illinois contributions for employers receiving
|
20 | | State appropriations for personal services shall be payable |
21 | | from appropriations
made to the employers or to the System. The |
22 | | contributions for Class I
community colleges covering earnings |
23 | | other than those paid from trust and
federal funds, shall be |
24 | | payable solely from appropriations to the Illinois
Community |
25 | | College Board or the System for employer contributions.
|
26 | | (d) Beginning in State fiscal year 1996, the required State |
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1 | | contributions
to the System shall be appropriated directly to |
2 | | the System and shall be payable
through vouchers issued in |
3 | | accordance with subsection (c) of Section 15-165, except as |
4 | | provided in subsection (g).
|
5 | | (e) The State Comptroller shall draw warrants payable to |
6 | | the System upon
proper certification by the System or by the |
7 | | employer in accordance with the
appropriation laws and this |
8 | | Code.
|
9 | | (f) Normal costs under this Section means liability for
|
10 | | pensions and other benefits which accrues to the System because |
11 | | of the
credits earned for service rendered by the participants |
12 | | during the
fiscal year and expenses of administering the |
13 | | System, but shall not
include the principal of or any |
14 | | redemption premium or interest on any bonds
issued by the Board |
15 | | or any expenses incurred or deposits required in
connection |
16 | | therewith.
|
17 | | (g) If the amount of a participant's earnings for any |
18 | | academic year used to determine the final rate of earnings, |
19 | | determined on a full-time equivalent basis, exceeds the amount |
20 | | of his or her earnings with the same employer for the previous |
21 | | academic year, determined on a full-time equivalent basis, by |
22 | | more than 6%, the participant's employer shall pay to the |
23 | | System, in addition to all other payments required under this |
24 | | Section and in accordance with guidelines established by the |
25 | | System, the present value of the increase in benefits resulting |
26 | | from the portion of the increase in earnings that is in excess |
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1 | | of 6%. This present value shall be computed by the System on |
2 | | the basis of the actuarial assumptions and tables used in the |
3 | | most recent actuarial valuation of the System that is available |
4 | | at the time of the computation. The System may require the |
5 | | employer to provide any pertinent information or |
6 | | documentation. |
7 | | Whenever it determines that a payment is or may be required |
8 | | under this subsection (g), the System shall calculate the |
9 | | amount of the payment and bill the employer for that amount. |
10 | | The bill shall specify the calculations used to determine the |
11 | | amount due. If the employer disputes the amount of the bill, it |
12 | | may, within 30 days after receipt of the bill, apply to the |
13 | | System in writing for a recalculation. The application must |
14 | | specify in detail the grounds of the dispute and, if the |
15 | | employer asserts that the calculation is subject to subsection |
16 | | (h) or (i) of this Section, must include an affidavit setting |
17 | | forth and attesting to all facts within the employer's |
18 | | knowledge that are pertinent to the applicability of subsection |
19 | | (h) or (i). Upon receiving a timely application for |
20 | | recalculation, the System shall review the application and, if |
21 | | appropriate, recalculate the amount due.
|
22 | | The employer contributions required under this subsection |
23 | | (g) (f) may be paid in the form of a lump sum within 90 days |
24 | | after receipt of the bill. If the employer contributions are |
25 | | not paid within 90 days after receipt of the bill, then |
26 | | interest will be charged at a rate equal to the System's annual |
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1 | | actuarially assumed rate of return on investment compounded |
2 | | annually from the 91st day after receipt of the bill. Payments |
3 | | must be concluded within 3 years after the employer's receipt |
4 | | of the bill. |
5 | | (h) This subsection (h) applies only to payments made or |
6 | | salary increases given on or after June 1, 2005 but before July |
7 | | 1, 2011. The changes made by Public Act 94-1057 shall not |
8 | | require the System to refund any payments received before July |
9 | | 31, 2006 (the effective date of Public Act 94-1057). |
10 | | When assessing payment for any amount due under subsection |
11 | | (g), the System shall exclude earnings increases paid to |
12 | | participants under contracts or collective bargaining |
13 | | agreements entered into, amended, or renewed before June 1, |
14 | | 2005.
|
15 | | When assessing payment for any amount due under subsection |
16 | | (g), the System shall exclude earnings increases paid to a |
17 | | participant at a time when the participant is 10 or more years |
18 | | from retirement eligibility under Section 15-135.
|
19 | | When assessing payment for any amount due under subsection |
20 | | (g), the System shall exclude earnings increases resulting from |
21 | | overload work, including a contract for summer teaching, or |
22 | | overtime when the employer has certified to the System, and the |
23 | | System has approved the certification, that: (i) in the case of |
24 | | overloads (A) the overload work is for the sole purpose of |
25 | | academic instruction in excess of the standard number of |
26 | | instruction hours for a full-time employee occurring during the |
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1 | | academic year that the overload is paid and (B) the earnings |
2 | | increases are equal to or less than the rate of pay for |
3 | | academic instruction computed using the participant's current |
4 | | salary rate and work schedule; and (ii) in the case of |
5 | | overtime, the overtime was necessary for the educational |
6 | | mission. |
7 | | When assessing payment for any amount due under subsection |
8 | | (g), the System shall exclude any earnings increase resulting |
9 | | from (i) a promotion for which the employee moves from one |
10 | | classification to a higher classification under the State |
11 | | Universities Civil Service System, (ii) a promotion in academic |
12 | | rank for a tenured or tenure-track faculty position, or (iii) a |
13 | | promotion that the Illinois Community College Board has |
14 | | recommended in accordance with subsection (k) of this Section. |
15 | | These earnings increases shall be excluded only if the |
16 | | promotion is to a position that has existed and been filled by |
17 | | a member for no less than one complete academic year and the |
18 | | earnings increase as a result of the promotion is an increase |
19 | | that results in an amount no greater than the average salary |
20 | | paid for other similar positions. |
21 | | (i) When assessing payment for any amount due under |
22 | | subsection (g), the System shall exclude any salary increase |
23 | | described in subsection (h) of this Section given on or after |
24 | | July 1, 2011 but before July 1, 2014 under a contract or |
25 | | collective bargaining agreement entered into, amended, or |
26 | | renewed on or after June 1, 2005 but before July 1, 2011. |
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1 | | Notwithstanding any other provision of this Section, any |
2 | | payments made or salary increases given after June 30, 2014 |
3 | | shall be used in assessing payment for any amount due under |
4 | | subsection (g) of this Section.
|
5 | | (j) The System shall prepare a report and file copies of |
6 | | the report with the Governor and the General Assembly by |
7 | | January 1, 2007 that contains all of the following information: |
8 | | (1) The number of recalculations required by the |
9 | | changes made to this Section by Public Act 94-1057 for each |
10 | | employer. |
11 | | (2) The dollar amount by which each employer's |
12 | | contribution to the System was changed due to |
13 | | recalculations required by Public Act 94-1057. |
14 | | (3) The total amount the System received from each |
15 | | employer as a result of the changes made to this Section by |
16 | | Public Act 94-4. |
17 | | (4) The increase in the required State contribution |
18 | | resulting from the changes made to this Section by Public |
19 | | Act 94-1057. |
20 | | (k) The Illinois Community College Board shall adopt rules |
21 | | for recommending lists of promotional positions submitted to |
22 | | the Board by community colleges and for reviewing the |
23 | | promotional lists on an annual basis. When recommending |
24 | | promotional lists, the Board shall consider the similarity of |
25 | | the positions submitted to those positions recognized for State |
26 | | universities by the State Universities Civil Service System. |
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1 | | The Illinois Community College Board shall file a copy of its |
2 | | findings with the System. The System shall consider the |
3 | | findings of the Illinois Community College Board when making |
4 | | determinations under this Section. The System shall not exclude |
5 | | any earnings increases resulting from a promotion when the |
6 | | promotion was not submitted by a community college. Nothing in |
7 | | this subsection (k) shall require any community college to |
8 | | submit any information to the Community College Board.
|
9 | | (l) For purposes of determining the required State |
10 | | contribution to the System, the value of the System's assets |
11 | | shall be equal to the actuarial value of the System's assets, |
12 | | which shall be calculated as follows: |
13 | | As of June 30, 2008, the actuarial value of the System's |
14 | | assets shall be equal to the market value of the assets as of |
15 | | that date. In determining the actuarial value of the System's |
16 | | assets for fiscal years after June 30, 2008, any actuarial |
17 | | gains or losses from investment return incurred in a fiscal |
18 | | year shall be recognized in equal annual amounts over the |
19 | | 5-year period following that fiscal year. |
20 | | (m) For purposes of determining the required State |
21 | | contribution to the system for a particular year, the actuarial |
22 | | value of assets shall be assumed to earn a rate of return equal |
23 | | to the system's actuarially assumed rate of return. |
24 | | (Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; |
25 | | 96-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-813, eff. |
26 | | 7-13-12; revised 10-17-12.)
|
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1 | | (40 ILCS 5/15-156) (from Ch. 108 1/2, par. 15-156)
|
2 | | Sec. 15-156. Obligations of State ; funding guarantees . |
3 | | (a) The payment of (1) the
required State contributions, |
4 | | (2) all benefits
granted under this system and (3) all expenses |
5 | | in connection with the
administration and operation thereof are |
6 | | obligations of the State of
Illinois to the extent specified in |
7 | | this Article. The accumulated
employee normal, additional and |
8 | | survivors insurance contributions
credited to the accounts of |
9 | | active and inactive participants
shall not be used to pay the |
10 | | State's share of the obligations.
|
11 | | (b) Beginning July 1, 2013, the State shall be |
12 | | contractually obligated to contribute to the System under |
13 | | Section 15-155 in each State fiscal year an amount not less |
14 | | than the sum of (i) the State's normal cost for that year and
|
15 | | (ii) the portion of the unfunded accrued liability assigned to |
16 | | that year by law in accordance with a schedule that distributes |
17 | | payments equitably over a reasonable period of time and in |
18 | | accordance with accepted actuarial practices. The obligations |
19 | | created under this subsection (b) are contractual obligations |
20 | | protected and enforceable under Article I, Section 16 and |
21 | | Article XIII, Section 5 of the Illinois Constitution. |
22 | | Notwithstanding any other provision of law, if the State |
23 | | fails to pay in a State fiscal year the amount guaranteed under |
24 | | this subsection, the System may bring a mandamus action in the |
25 | | Circuit Court of Sangamon or Champaign County to compel the |
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1 | | State to make that payment, irrespective of other remedies that
|
2 | | may be available to the System. In ordering the State to make |
3 | | the required payment, the court may order a reasonable payment |
4 | | schedule to enable the State to make the required payment |
5 | | without significantly imperiling the public health, safety, or |
6 | | welfare. |
7 | | Any payments required to be made by the State pursuant to |
8 | | this subsection (b)
are expressly subordinated to the payment |
9 | | of the principal, interest, and premium, if any, on any
bonded |
10 | | debt obligation of the State or any other State-created entity, |
11 | | either currently outstanding or to
be issued, for which the |
12 | | source of repayment or security thereon is derived directly or |
13 | | indirectly from
tax revenues collected by the State or any |
14 | | other State-created entity. Payments on such bonded
|
15 | | obligations include any statutory fund transfers or other |
16 | | prefunding mechanisms or formulas set forth,
now or hereafter, |
17 | | in State law or bond indentures, into debt service funds or |
18 | | accounts of the State
related to such bonded obligations, |
19 | | consistent with the payment schedules associated with such
|
20 | | obligations. |
21 | | (Source: P.A. 83-1440.)
|
22 | | (40 ILCS 5/15-157) (from Ch. 108 1/2, par. 15-157)
|
23 | | Sec. 15-157. Employee Contributions.
|
24 | | (a) Each participating employee
shall make contributions |
25 | | towards the retirement
benefits payable under the retirement |
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1 | | program applicable to the
employee from each payment
of |
2 | | earnings applicable to employment under this system on and |
3 | | after the
date of becoming a participant as follows: Prior to |
4 | | September 1, 1949,
3 1/2% of earnings; from September 1, 1949 |
5 | | to August 31, 1955, 5%; from
September 1, 1955 to August 31, |
6 | | 1969, 6%; from September 1, 1969, 6 1/2%.
These contributions |
7 | | are to be considered as normal contributions for purposes
of |
8 | | this Article.
|
9 | | Each participant who is a police officer or firefighter |
10 | | shall make normal
contributions of 8% of each payment of |
11 | | earnings applicable to employment as a
police officer or |
12 | | firefighter under this system on or after September 1, 1981,
|
13 | | unless he or she files with the board within 60 days after the |
14 | | effective date
of this amendatory Act of 1991 or 60 days after |
15 | | the board receives notice that
he or she is employed as a |
16 | | police officer or firefighter, whichever is later,
a written |
17 | | notice waiving the retirement formula provided by Rule 4 of |
18 | | Section
15-136. This waiver shall be irrevocable. If a |
19 | | participant had met the
conditions set forth in Section |
20 | | 15-132.1 prior to the effective date of this
amendatory Act of |
21 | | 1991 but failed to make the additional normal contributions
|
22 | | required by this paragraph, he or she may elect to pay the |
23 | | additional
contributions plus compound interest at the |
24 | | effective rate. If such payment
is received by the board, the |
25 | | service shall be considered as police officer
service in |
26 | | calculating the retirement annuity under Rule 4 of Section |
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1 | | 15-136.
While performing service described in clause (i) or |
2 | | (ii) of Rule 4 of Section
15-136, a participating employee |
3 | | shall be deemed to be employed as a
firefighter for the purpose |
4 | | of determining the rate of employee contributions
under this |
5 | | Section.
|
6 | | (b) Starting September 1, 1969, each participating |
7 | | employee shall make
additional contributions of 1/2 of 1% of |
8 | | earnings to finance a portion
of the cost of the annual |
9 | | increases in retirement annuity provided under
Section 15-136, |
10 | | except that with respect to participants in the
self-managed |
11 | | plan this additional contribution shall be used to finance the
|
12 | | benefits obtained under that retirement program.
|
13 | | (c) In addition to the amounts described in subsections (a) |
14 | | and (b) of this
Section, each participating employee shall make |
15 | | contributions of 1% of earnings
applicable under this system on |
16 | | and after August 1, 1959. The contributions
made under this |
17 | | subsection (c) shall be considered as survivor's insurance
|
18 | | contributions for purposes of this Article if the employee is |
19 | | covered under
the traditional benefit package, and such |
20 | | contributions shall be considered
as additional contributions |
21 | | for purposes of this Article if the employee is
participating |
22 | | in the self-managed plan or has elected to participate in the
|
23 | | portable benefit package and has completed the applicable |
24 | | one-year waiting
period. Contributions in excess of $80 during |
25 | | any fiscal year beginning before
August 31, 1969 and in excess |
26 | | of $120 during any fiscal year thereafter until
September 1, |
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1 | | 1971 shall be considered as additional contributions for |
2 | | purposes
of this Article.
|
3 | | (c-5) In addition to the contributions otherwise required |
4 | | under this Article, each Tier I participant shall also make the |
5 | | following contributions toward the retirement
benefits payable |
6 | | under the retirement program applicable to the
employee from |
7 | | each payment
of earnings applicable to employment under this |
8 | | system: |
9 | | (1) beginning July 1, 2013 and through June 30, 2014, |
10 | | 1% of earnings; and |
11 | | (2) beginning on July 1, 2014, 2% of earnings. |
12 | | Except as otherwise specified, these contributions are to |
13 | | be considered as normal contributions for purposes
of this |
14 | | Article. |
15 | | (d) If the board by board rule so permits and subject to |
16 | | such conditions
and limitations as may be specified in its |
17 | | rules, a participant may make
other additional contributions of |
18 | | such percentage of earnings or amounts as
the participant shall |
19 | | elect in a written notice thereof received by the board.
|
20 | | (e) That fraction of a participant's total accumulated |
21 | | normal
contributions, the numerator of which is equal to the |
22 | | number of years of
service in excess of that which is required |
23 | | to qualify for the maximum
retirement annuity, and the |
24 | | denominator of which is equal to the total
service of the |
25 | | participant, shall be considered as accumulated additional
|
26 | | contributions. The determination of the applicable maximum |
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1 | | annuity and
the adjustment in contributions required by this |
2 | | provision shall be made
as of the date of the participant's |
3 | | retirement.
|
4 | | (f) Notwithstanding the foregoing, a participating |
5 | | employee shall not
be required to make contributions under this |
6 | | Section after the date upon
which continuance of such |
7 | | contributions would otherwise cause his or her
retirement |
8 | | annuity to exceed the maximum retirement annuity as specified |
9 | | in
clause (1) of subsection (c) of Section 15-136.
|
10 | | (g) A participating employee may make contributions for the |
11 | | purchase of
service credit under this Article.
|
12 | | (Source: P.A. 90-32, eff. 6-27-97; 90-65, eff. 7-7-97; 90-448, |
13 | | eff. 8-16-97;
90-511, eff. 8-22-97; 90-576, eff. 3-31-98; |
14 | | 90-655, eff. 7-30-98; 90-766, eff.
8-14-98.)
|
15 | | (40 ILCS 5/15-165)
(from Ch. 108 1/2, par. 15-165)
|
16 | | Sec. 15-165. To certify amounts and submit vouchers.
|
17 | | (a) The Board shall certify to the Governor on or before |
18 | | November 15 of each
year through until November 15, 2011 the |
19 | | appropriation required from State funds for the purposes of |
20 | | this
System for the following fiscal year. The certification |
21 | | under this subsection (a) shall include a copy
of the actuarial |
22 | | recommendations upon which it is based and shall specifically |
23 | | identify the System's projected State normal cost for that |
24 | | fiscal year and the projected State cost for the self-managed |
25 | | plan for that fiscal year .
|
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1 | | On or before May 1, 2004, the Board shall recalculate and |
2 | | recertify to
the Governor the amount of the required State |
3 | | contribution to the System for
State fiscal year 2005, taking |
4 | | into account the amounts appropriated to and
received by the |
5 | | System under subsection (d) of Section 7.2 of the General
|
6 | | Obligation Bond Act.
|
7 | | On or before July 1, 2005, the Board shall recalculate and |
8 | | recertify
to the Governor the amount of the required State
|
9 | | contribution to the System for State fiscal year 2006, taking |
10 | | into account the changes in required State contributions made |
11 | | by this amendatory Act of the 94th General Assembly.
|
12 | | On or before April 1, 2011, the Board shall recalculate and |
13 | | recertify to the Governor the amount of the required State |
14 | | contribution to the System for State fiscal year 2011, applying |
15 | | the changes made by Public Act 96-889 to the System's assets |
16 | | and liabilities as of June 30, 2009 as though Public Act 96-889 |
17 | | was approved on that date. |
18 | | (a-5) On or before November 1 of each year, beginning |
19 | | November 1, 2012, the Board shall submit to the State Actuary, |
20 | | the Governor, and the General Assembly a proposed certification |
21 | | of the amount of the required State contribution to the System |
22 | | for the next fiscal year, along with all of the actuarial |
23 | | assumptions, calculations, and data upon which that proposed |
24 | | certification is based. On or before January 1 of each year, |
25 | | beginning January 1, 2013, the State Actuary shall issue a |
26 | | preliminary report concerning the proposed certification and |
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1 | | identifying, if necessary, recommended changes in actuarial |
2 | | assumptions that the Board must consider before finalizing its |
3 | | certification of the required State contributions. |
4 | | On or before January 15, 2013 and each January 15 |
5 | | thereafter, the Board shall certify to the Governor and the |
6 | | General Assembly the amount of the required State contribution |
7 | | for the next fiscal year. The certification shall include a |
8 | | copy of the actuarial
recommendations upon which it is based |
9 | | and shall specifically identify the System's projected State |
10 | | normal cost for that fiscal year and the projected State cost |
11 | | for the self-managed plan for that fiscal year. The Board's |
12 | | certification must note, in a written response to the State |
13 | | Actuary, any deviations from the State Actuary's recommended |
14 | | changes, the reason or reasons for not following the State |
15 | | Actuary's recommended changes, and the fiscal impact of not |
16 | | following the State Actuary's recommended changes on the |
17 | | required State contribution. |
18 | | (b) The Board shall certify to the State Comptroller or |
19 | | employer, as the
case may be, from time to time, by its |
20 | | president and secretary, with its seal
attached, the amounts |
21 | | payable to the System from the various funds.
|
22 | | (c) Beginning in State fiscal year 1996, on or as soon as |
23 | | possible after the
15th day of each month the Board shall |
24 | | submit vouchers for payment of State
contributions to the |
25 | | System, in a total monthly amount of one-twelfth of the
|
26 | | required annual State contribution certified under subsection |
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1 | | (a).
From the effective date of this amendatory Act
of the 93rd |
2 | | General Assembly through June 30, 2004, the Board shall not
|
3 | | submit vouchers for the remainder of fiscal year 2004 in excess |
4 | | of the
fiscal year 2004 certified contribution amount |
5 | | determined
under this Section after taking into consideration |
6 | | the transfer to the
System under subsection (b) of Section |
7 | | 6z-61 of the State Finance Act.
These
vouchers shall be paid by |
8 | | the State Comptroller and Treasurer by warrants drawn
on the |
9 | | funds appropriated to the System for that fiscal year.
|
10 | | If in any month the amount remaining unexpended from all |
11 | | other
appropriations to the System for the applicable fiscal |
12 | | year (including the
appropriations to the System under Section |
13 | | 8.12 of the State Finance Act and
Section 1 of the State |
14 | | Pension Funds Continuing Appropriation Act) is less than
the |
15 | | amount lawfully vouchered under this Section, the difference |
16 | | shall be paid
from the General Revenue Fund under the |
17 | | continuing appropriation authority
provided in Section 1.1 of |
18 | | the State Pension Funds Continuing Appropriation
Act.
|
19 | | (d) So long as the payments received are the full amount |
20 | | lawfully
vouchered under this Section, payments received by the |
21 | | System under this
Section shall be applied first toward the |
22 | | employer contribution to the
self-managed plan established |
23 | | under Section 15-158.2. Payments shall be
applied second toward |
24 | | the employer's portion of the normal costs of the System,
as |
25 | | defined in subsection (f) of Section 15-155. The balance shall |
26 | | be applied
toward the unfunded actuarial liabilities of the |
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1 | | System.
|
2 | | (e) In the event that the System does not receive, as a |
3 | | result of
legislative enactment or otherwise, payments |
4 | | sufficient to
fully fund the employer contribution to the |
5 | | self-managed plan
established under Section 15-158.2 and to |
6 | | fully fund that portion of the
employer's portion of the normal |
7 | | costs of the System, as calculated in
accordance with Section |
8 | | 15-155(a-1), then any payments received shall be
applied |
9 | | proportionately to the optional retirement program established |
10 | | under
Section 15-158.2 and to the employer's portion of the |
11 | | normal costs of the
System, as calculated in accordance with |
12 | | Section 15-155(a-1).
|
13 | | (Source: P.A. 96-1497, eff. 1-14-11; 96-1511, eff. 1-27-11; |
14 | | 97-694, eff. 6-18-12.)
|
15 | | (40 ILCS 5/15-198)
|
16 | | Sec. 15-198. Application and expiration of new benefit |
17 | | increases. |
18 | | (a) As used in this Section, "new benefit increase" means |
19 | | an increase in the amount of any benefit provided under this |
20 | | Article, or an expansion of the conditions of eligibility for |
21 | | any benefit under this Article, that results from an amendment |
22 | | to this Code that takes effect after the effective date of this |
23 | | amendatory Act of the 94th General Assembly. "New benefit |
24 | | increase", however, does not include any benefit increase |
25 | | resulting from the changes made to this Article by this |
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1 | | amendatory Act of the 98th General Assembly. |
2 | | (b) Notwithstanding any other provision of this Code or any |
3 | | subsequent amendment to this Code, every new benefit increase |
4 | | is subject to this Section and shall be deemed to be granted |
5 | | only in conformance with and contingent upon compliance with |
6 | | the provisions of this Section.
|
7 | | (c) The Public Act enacting a new benefit increase must |
8 | | identify and provide for payment to the System of additional |
9 | | funding at least sufficient to fund the resulting annual |
10 | | increase in cost to the System as it accrues. |
11 | | Every new benefit increase is contingent upon the General |
12 | | Assembly providing the additional funding required under this |
13 | | subsection. The Commission on Government Forecasting and |
14 | | Accountability shall analyze whether adequate additional |
15 | | funding has been provided for the new benefit increase and |
16 | | shall report its analysis to the Public Pension Division of the |
17 | | Department of Financial and Professional Regulation. A new |
18 | | benefit increase created by a Public Act that does not include |
19 | | the additional funding required under this subsection is null |
20 | | and void. If the Public Pension Division determines that the |
21 | | additional funding provided for a new benefit increase under |
22 | | this subsection is or has become inadequate, it may so certify |
23 | | to the Governor and the State Comptroller and, in the absence |
24 | | of corrective action by the General Assembly, the new benefit |
25 | | increase shall expire at the end of the fiscal year in which |
26 | | the certification is made.
|
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1 | | (d) Every new benefit increase shall expire 5 years after |
2 | | its effective date or on such earlier date as may be specified |
3 | | in the language enacting the new benefit increase or provided |
4 | | under subsection (c). This does not prevent the General |
5 | | Assembly from extending or re-creating a new benefit increase |
6 | | by law. |
7 | | (e) Except as otherwise provided in the language creating |
8 | | the new benefit increase, a new benefit increase that expires |
9 | | under this Section continues to apply to persons who applied |
10 | | and qualified for the affected benefit while the new benefit |
11 | | increase was in effect and to the affected beneficiaries and |
12 | | alternate payees of such persons, but does not apply to any |
13 | | other person, including without limitation a person who |
14 | | continues in service after the expiration date and did not |
15 | | apply and qualify for the affected benefit while the new |
16 | | benefit increase was in effect.
|
17 | | (Source: P.A. 94-4, eff. 6-1-05.)
|
18 | | (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
|
19 | | Sec. 16-106. Teacher. "Teacher": The following |
20 | | individuals, provided
that, for employment prior to July 1, |
21 | | 1990, they are employed on a
full-time basis, or if not |
22 | | full-time, on a permanent and continuous basis
in a position in |
23 | | which services are expected to be rendered for at least
one |
24 | | school term:
|
25 | | (1) Any educational, administrative, professional or |
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1 | | other staff employed
in the public common schools included |
2 | | within this system in a position
requiring certification |
3 | | under the law governing the certification of
teachers;
|
4 | | (2) Any educational, administrative, professional or |
5 | | other staff employed
in any facility of the Department of |
6 | | Children and Family Services or the
Department of Human |
7 | | Services, in a position requiring certification under
the |
8 | | law governing the certification of teachers, and any person |
9 | | who (i)
works in such a position for the Department of |
10 | | Corrections, (ii) was a member
of this System on May 31, |
11 | | 1987, and (iii) did not elect to become a member of
the |
12 | | State Employees' Retirement System pursuant to Section |
13 | | 14-108.2 of this
Code; except that "teacher" does not |
14 | | include any person who (A) becomes
a security employee of |
15 | | the Department of Human Services, as defined in
Section |
16 | | 14-110, after June 28, 2001 (the effective date of Public |
17 | | Act
92-14), or (B) becomes a member of the State Employees'
|
18 | | Retirement System pursuant to Section 14-108.2c of this |
19 | | Code;
|
20 | | (3) Any regional superintendent of schools, assistant |
21 | | regional
superintendent of schools, State Superintendent |
22 | | of Education; any person
employed by the State Board of |
23 | | Education as an executive; any executive of
the boards |
24 | | engaged in the service of public common school education in
|
25 | | school districts covered under this system of which the |
26 | | State
Superintendent of Education is an ex-officio member;
|
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1 | | (4) Any employee of a school board association |
2 | | operating in compliance
with Article 23 of the School Code |
3 | | who is certificated under the law
governing the |
4 | | certification of teachers , provided that he or she becomes |
5 | | such an employee before the effective date of this |
6 | | amendatory Act of the 98th General Assembly ;
|
7 | | (5) Any person employed by the retirement system
who:
|
8 | | (i) was an employee of and a participant in the |
9 | | system on August 17,
2001 (the effective date of Public |
10 | | Act 92-416), or
|
11 | | (ii) becomes an employee of the system on or after |
12 | | August 17, 2001;
|
13 | | (6) Any educational, administrative, professional or |
14 | | other staff
employed by and under the supervision and |
15 | | control of a regional
superintendent of schools, provided |
16 | | such employment position requires the
person to be |
17 | | certificated under the law governing the certification of
|
18 | | teachers and is in an educational program serving 2 or more |
19 | | districts in
accordance with a joint agreement authorized |
20 | | by the School Code or by federal
legislation;
|
21 | | (7) Any educational, administrative, professional or |
22 | | other staff employed
in an educational program serving 2 or |
23 | | more school districts in accordance
with a joint agreement |
24 | | authorized by the School Code or by federal
legislation and |
25 | | in a position requiring certification under the laws
|
26 | | governing the certification of teachers;
|
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1 | | (8) Any officer or employee of a statewide teacher |
2 | | organization or
officer of a national teacher organization |
3 | | who is certified under the law
governing certification of |
4 | | teachers, provided: (i) the individual had
previously |
5 | | established creditable service under this Article, (ii) |
6 | | the
individual files with the system an irrevocable |
7 | | election to become a member before the effective date of |
8 | | this amendatory Act of the 97th General Assembly,
(iii) the |
9 | | individual does not receive credit for such service under |
10 | | any
other Article of this Code, and (iv) the individual |
11 | | first became an officer or employee of the teacher |
12 | | organization and becomes a member before the effective date |
13 | | of this amendatory Act of the 97th General Assembly;
|
14 | | (9) Any educational, administrative, professional, or |
15 | | other staff
employed in a charter school operating in |
16 | | compliance with the Charter
Schools Law who is certificated |
17 | | under the law governing the certification
of teachers ; .
|
18 | | (10) Any person employed, on the effective date of this |
19 | | amendatory Act of the 94th General Assembly, by the |
20 | | Macon-Piatt Regional Office of Education in a |
21 | | birth-through-age-three pilot program receiving funds |
22 | | under Section 2-389 of the School Code who is required by |
23 | | the Macon-Piatt Regional Office of Education to hold a |
24 | | teaching certificate, provided that the Macon-Piatt |
25 | | Regional Office of Education makes an election, within 6 |
26 | | months after the effective date of this amendatory Act of |
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1 | | the 94th General Assembly, to have the person participate |
2 | | in the system. Any service established prior to the |
3 | | effective date of this amendatory Act of the 94th General |
4 | | Assembly for service as an employee of the Macon-Piatt |
5 | | Regional Office of Education in a birth-through-age-three |
6 | | pilot program receiving funds under Section 2-389 of the |
7 | | School Code shall be considered service as a teacher if |
8 | | employee and employer contributions have been received by |
9 | | the system and the system has not refunded those |
10 | | contributions.
|
11 | | An annuitant receiving a retirement annuity under this |
12 | | Article or under
Article 17 of this Code who is employed by a |
13 | | board of education
or other employer as permitted under Section |
14 | | 16-118
or 16-150.1 is not a "teacher" for purposes of this |
15 | | Article. A person who
has received a single-sum retirement |
16 | | benefit under Section 16-136.4 of this
Article is not a |
17 | | "teacher" for purposes of this Article.
|
18 | | (Source: P.A. 97-651, eff. 1-5-12; revised 8-3-12.)
|
19 | | (40 ILCS 5/16-106.4 new) |
20 | | Sec. 16-106.4. Tier I member. "Tier I member": A member |
21 | | under this Article who first became a member or participant |
22 | | before January 1, 2011 under any reciprocal retirement system |
23 | | or pension fund established under this Code other than a |
24 | | retirement system or pension fund established under Article 2, |
25 | | 3, 4, 5, 6, or 18 of this Code. |
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1 | | (40 ILCS 5/16-106.5 new) |
2 | | Sec. 16-106.5. Tier I retiree. "Tier I retiree": A former |
3 | | Tier I member who is receiving a retirement annuity.
|
4 | | (40 ILCS 5/16-121) (from Ch. 108 1/2, par. 16-121)
|
5 | | Sec. 16-121. Salary. "Salary": The actual compensation |
6 | | received by a teacher during any
school year and recognized by |
7 | | the system in accordance with
rules of the board. For purposes |
8 | | of this Section, "school year" includes
the regular school term |
9 | | plus any additional period for which a teacher is
compensated |
10 | | and such compensation is recognized by the rules of the board.
|
11 | | Notwithstanding any other provision of this Code, the |
12 | | salary of a Tier I member for the purposes of this Code shall |
13 | | not exceed, for periods of service on or after the effective |
14 | | date of this amendatory Act of the 98th General Assembly, the |
15 | | greater of (i) the annual contribution and benefit base |
16 | | established for the applicable year by the Commissioner of |
17 | | Social Security under the federal Social Security Act or (ii) |
18 | | the annual salary of the member during the 365 days immediately |
19 | | preceding that effective date; except that this limitation does |
20 | | not apply to a member's salary that is determined under an |
21 | | employment contract or collective bargaining agreement that is |
22 | | in effect on the effective date of this amendatory Act of the |
23 | | 98th General Assembly and has not been amended or renewed after |
24 | | that date. |
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1 | | (Source: P.A. 84-1028.)
|
2 | | (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
|
3 | | Sec. 16-127. Computation of creditable service.
|
4 | | (a) Each member shall receive regular credit for all
|
5 | | service as a teacher from the date membership begins, for which
|
6 | | satisfactory evidence is supplied and all contributions have |
7 | | been paid.
|
8 | | (b) The following periods of service shall earn optional |
9 | | credit and
each member shall receive credit for all such |
10 | | service for which
satisfactory evidence is supplied and all |
11 | | contributions have been paid as
of the date specified:
|
12 | | (1) Prior service as a teacher.
|
13 | | (2) Service in a capacity essentially similar or |
14 | | equivalent to that of a
teacher, in the public common |
15 | | schools in school districts in this State not
included |
16 | | within the provisions of this System, or of any other |
17 | | State,
territory, dependency or possession of the United |
18 | | States, or in schools
operated by or under the auspices of |
19 | | the United States, or under the
auspices of any agency or |
20 | | department of any other State, and service during
any |
21 | | period of professional speech correction or special |
22 | | education
experience for a public agency within this State |
23 | | or any other State,
territory, dependency or possession of |
24 | | the United States, and service prior
to February 1, 1951 as |
25 | | a recreation worker for the Illinois Department of
Public |
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1 | | Safety, for a period not exceeding the lesser of 2/5 of the |
2 | | total
creditable service of the member or 10 years. The |
3 | | maximum service of 10
years which is allowable under this |
4 | | paragraph shall be reduced by the
service credit which is |
5 | | validated by other retirement systems under
paragraph (i) |
6 | | of Section 15-113 and paragraph 1 of Section 17-133. Credit
|
7 | | granted under this paragraph may not be used in |
8 | | determination of a
retirement annuity or disability |
9 | | benefits unless the member has at least 5
years of |
10 | | creditable service earned subsequent to this employment |
11 | | with one
or more of the following systems: Teachers' |
12 | | Retirement System of the State
of Illinois, State |
13 | | Universities Retirement System, and the Public School
|
14 | | Teachers' Pension and Retirement Fund of Chicago. Whenever |
15 | | such service
credit exceeds the maximum allowed for all |
16 | | purposes of this Article, the
first service rendered in |
17 | | point of time shall be considered.
The changes to this |
18 | | subdivision (b)(2) made by Public Act 86-272 shall
apply |
19 | | not only to persons who on or after its effective date |
20 | | (August 23,
1989) are in service as a teacher under the |
21 | | System, but also to persons
whose status as such a teacher |
22 | | terminated prior to such effective date,
whether or not |
23 | | such person is an annuitant on that date.
|
24 | | (3) Any periods immediately following teaching |
25 | | service, under this
System or under Article 17, (or |
26 | | immediately following service prior to
February 1, 1951 as |
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1 | | a recreation worker for the Illinois Department of
Public |
2 | | Safety) spent in active service with the military forces of |
3 | | the
United States; periods spent in educational programs |
4 | | that prepare for
return to teaching sponsored by the |
5 | | federal government following such
active military service; |
6 | | if a teacher returns to teaching service within
one |
7 | | calendar year after discharge or after the completion of |
8 | | the
educational program, a further period, not exceeding |
9 | | one calendar year,
between time spent in military service |
10 | | or in such educational programs and
the return to |
11 | | employment as a teacher under this System; and a period of |
12 | | up
to 2 years of active military service not immediately |
13 | | following employment
as a teacher.
|
14 | | The changes to this Section and Section 16-128 relating |
15 | | to military
service made by P.A. 87-794 shall apply not |
16 | | only to persons who on or after its
effective date are in |
17 | | service as a teacher under the System, but also to
persons |
18 | | whose status as a teacher terminated prior to that date, |
19 | | whether or not
the person is an annuitant on that date. In |
20 | | the case of an annuitant who
applies for credit allowable |
21 | | under this Section for a period of military
service that |
22 | | did not immediately follow employment, and who has made the
|
23 | | required contributions for such credit, the annuity shall |
24 | | be recalculated to
include the additional service credit, |
25 | | with the increase taking effect on the
date the System |
26 | | received written notification of the annuitant's intent to
|
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1 | | purchase the credit, if payment of all the required |
2 | | contributions is made
within 60 days of such notice, or |
3 | | else on the first annuity payment date
following the date |
4 | | of payment of the required contributions. In calculating
|
5 | | the automatic annual increase for an annuity that has been |
6 | | recalculated under
this Section, the increase attributable |
7 | | to the additional service allowable
under P.A. 87-794 shall |
8 | | be included in the calculation of automatic annual
|
9 | | increases accruing after the effective date of the |
10 | | recalculation.
|
11 | | Credit for military service shall be determined as |
12 | | follows: if entry
occurs during the months of July, August, |
13 | | or September and the member was a
teacher at the end of the |
14 | | immediately preceding school term, credit shall
be granted |
15 | | from July 1 of the year in which he or she entered service; |
16 | | if
entry occurs during the school term and the teacher was |
17 | | in teaching service
at the beginning of the school term, |
18 | | credit shall be granted from July 1 of
such year. In all |
19 | | other cases where credit for military service is allowed,
|
20 | | credit shall be granted from the date of entry into the |
21 | | service.
|
22 | | The total period of military service for which credit |
23 | | is granted shall
not exceed 5 years for any member unless |
24 | | the service: (A) is validated
before July 1, 1964, and (B) |
25 | | does not extend beyond July 1, 1963. Credit
for military |
26 | | service shall be granted under this Section only if not |
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1 | | more
than 5 years of the military service for which credit |
2 | | is granted under this
Section is used by the member to |
3 | | qualify for a military retirement
allotment from any branch |
4 | | of the armed forces of the United States. The
changes to |
5 | | this subdivision (b)(3) made by Public Act 86-272 shall |
6 | | apply
not only to persons who on or after its effective |
7 | | date (August 23, 1989)
are in service as a teacher under |
8 | | the System, but also to persons whose
status as such a |
9 | | teacher terminated prior to such effective date, whether
or |
10 | | not such person is an annuitant on that date.
|
11 | | (4) Any periods served as a member of the General |
12 | | Assembly.
|
13 | | (5)(i) Any periods for which a teacher, as defined in |
14 | | Section
16-106, is granted a leave of absence, provided he |
15 | | or she returns to teaching
service creditable under this |
16 | | System or the State Universities Retirement
System |
17 | | following the leave; (ii) periods during which a teacher is
|
18 | | involuntarily laid off from teaching, provided he or she |
19 | | returns to teaching
following the lay-off; (iii) periods |
20 | | prior to July 1, 1983 during which
a teacher ceased covered |
21 | | employment due to pregnancy, provided that the teacher
|
22 | | returned to teaching service creditable under this System |
23 | | or the State
Universities Retirement System following the |
24 | | pregnancy and submits evidence
satisfactory to the Board |
25 | | documenting that the employment ceased due to
pregnancy; |
26 | | and (iv) periods prior to July 1, 1983 during which a |
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1 | | teacher
ceased covered employment for the purpose of |
2 | | adopting an infant under 3 years
of age or caring for a |
3 | | newly adopted infant under 3 years of age, provided that
|
4 | | the teacher returned to teaching service creditable under |
5 | | this System or the
State Universities Retirement System |
6 | | following the adoption and submits
evidence satisfactory |
7 | | to the Board documenting that the employment ceased for
the |
8 | | purpose of adopting an infant under 3 years of age or |
9 | | caring for a newly
adopted infant under 3 years of age. |
10 | | However, total credit under this
paragraph (5) may not |
11 | | exceed 3 years.
|
12 | | Any qualified member or annuitant may apply for credit |
13 | | under item (iii)
or (iv) of this paragraph (5) without |
14 | | regard to whether service was
terminated before the |
15 | | effective date of this amendatory Act of 1997. In the case |
16 | | of an annuitant who establishes credit under item (iii)
or |
17 | | (iv), the annuity shall be recalculated to include the |
18 | | additional
service credit. The increase in annuity shall |
19 | | take effect on the date the
System receives written |
20 | | notification of the annuitant's intent to purchase the
|
21 | | credit, if the required evidence is submitted and the |
22 | | required contribution
paid within 60 days of that |
23 | | notification, otherwise on the first annuity
payment date |
24 | | following the System's receipt of the required evidence and
|
25 | | contribution. The increase in an annuity recalculated |
26 | | under this provision
shall be included in the calculation |
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1 | | of automatic annual increases in the
annuity accruing after |
2 | | the effective date of the recalculation.
|
3 | | Optional credit may be purchased under this subsection |
4 | | (b)(5) for
periods during which a teacher has been granted |
5 | | a leave of absence pursuant
to Section 24-13 of the School |
6 | | Code. A teacher whose service under this
Article terminated |
7 | | prior to the effective date of P.A. 86-1488 shall be
|
8 | | eligible to purchase such optional credit. If a teacher who |
9 | | purchases this
optional credit is already receiving a |
10 | | retirement annuity under this Article,
the annuity shall be |
11 | | recalculated as if the annuitant had applied for the leave
|
12 | | of absence credit at the time of retirement. The difference |
13 | | between the
entitled annuity and the actual annuity shall |
14 | | be credited to the purchase of
the optional credit. The |
15 | | remainder of the purchase cost of the optional credit
shall |
16 | | be paid on or before April 1, 1992.
|
17 | | The change in this paragraph made by Public Act 86-273 |
18 | | shall
be applicable to teachers who retire after June 1, |
19 | | 1989, as well as to
teachers who are in service on that |
20 | | date.
|
21 | | (6) Any days of unused and uncompensated accumulated |
22 | | sick leave earned
by a teacher who first became a |
23 | | participant in the System before the effective date of this |
24 | | amendatory Act of the 98th General Assembly . The service |
25 | | credit granted under this paragraph shall be the
ratio of |
26 | | the number of unused and uncompensated accumulated sick |
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1 | | leave days
to 170 days, subject to a maximum of 2 years of |
2 | | service
credit. Prior to the member's retirement, each |
3 | | former employer shall
certify to the System the number of |
4 | | unused and uncompensated accumulated
sick leave days |
5 | | credited to the member at the time of termination of |
6 | | service.
The period of unused sick leave shall not be |
7 | | considered in determining
the effective date of |
8 | | retirement. A member is not required to make
contributions |
9 | | in order to obtain service credit for unused sick leave.
|
10 | | Credit for sick leave shall, at retirement, be granted |
11 | | by the System
for any retiring regional or assistant |
12 | | regional superintendent of schools
who first became a |
13 | | participant in this System before the effective date of |
14 | | this amendatory Act of the 98th General Assembly at the |
15 | | rate of 6 days per year of creditable service or portion |
16 | | thereof
established while serving as such superintendent |
17 | | or assistant
superintendent.
|
18 | | Service credit is not available for unused sick leave |
19 | | accumulated by a teacher who first becomes a participant in |
20 | | this System on or after the effective date of this amendatory |
21 | | Act of the 98th General Assembly.
|
22 | | (7) Periods prior to February 1, 1987 served as an |
23 | | employee of the
Illinois Mathematics and Science Academy |
24 | | for which credit has not been
terminated under Section |
25 | | 15-113.9 of this Code.
|
26 | | (8) Service as a substitute teacher for work performed
|
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1 | | prior to July 1, 1990.
|
2 | | (9) Service as a part-time teacher for work performed
|
3 | | prior to July 1, 1990.
|
4 | | (10) Up to 2 years of employment with Southern Illinois |
5 | | University -
Carbondale from September 1, 1959 to August |
6 | | 31, 1961, or with Governors
State University from September |
7 | | 1, 1972 to August 31, 1974, for which the
teacher has no |
8 | | credit under Article 15. To receive credit under this item
|
9 | | (10), a teacher must apply in writing to the Board and pay |
10 | | the required
contributions before May 1, 1993 and have at |
11 | | least 12 years of service
credit under this Article.
|
12 | | (b-1) A member may establish optional credit for up to 2 |
13 | | years of service
as a teacher or administrator employed by a |
14 | | private school recognized by the
Illinois State Board of |
15 | | Education, provided that the teacher (i) was certified
under |
16 | | the law governing the certification of teachers at the time the |
17 | | service
was rendered, (ii) applies in writing on or after |
18 | | August 1, 2009 and on or before
August 1, 2012, (iii) supplies |
19 | | satisfactory evidence of the employment, (iv)
completes at |
20 | | least 10 years of contributing service as a teacher as defined |
21 | | in
Section 16-106, and (v) pays the contribution required in |
22 | | subsection (d-5) of
Section 16-128. The member may apply for |
23 | | credit under this subsection and pay
the required contribution |
24 | | before completing the 10 years of contributing
service required |
25 | | under item (iv), but the credit may not be used until the
item |
26 | | (iv) contributing service requirement has been met.
|
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1 | | (c) The service credits specified in this Section shall be |
2 | | granted only
if: (1) such service credits are not used for |
3 | | credit in any other statutory
tax-supported public employee |
4 | | retirement system other than the federal Social
Security |
5 | | program; and (2) the member makes the required contributions as
|
6 | | specified in Section 16-128. Except as provided in subsection |
7 | | (b-1) of
this Section, the service credit shall be effective as |
8 | | of the date the
required contributions are completed.
|
9 | | Any service credits granted under this Section shall |
10 | | terminate upon
cessation of membership for any cause.
|
11 | | Credit may not be granted under this Section covering any |
12 | | period for
which an age retirement or disability retirement |
13 | | allowance has been paid.
|
14 | | (Source: P.A. 96-546, eff. 8-17-09.)
|
15 | | (40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
|
16 | | Sec. 16-132. Retirement annuity eligibility. |
17 | | (a) A member who has at least 20 years of creditable |
18 | | service is entitled to a
retirement annuity upon or after |
19 | | attainment of age 55.
A member who has at least 10 but less |
20 | | than 20 years of creditable service is
entitled to a retirement |
21 | | annuity upon or after attainment of age 60.
A member who has at |
22 | | least 5 but less than 10 years of creditable service is
|
23 | | entitled to a retirement annuity upon or after attainment of |
24 | | age 62.
A member who (i) has earned during the period |
25 | | immediately preceding the last
day of service at least one year |
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1 | | of contributing creditable service as an
employee of a |
2 | | department as defined in Section 14-103.04, (ii) has earned at
|
3 | | least 5 years of contributing creditable service as an employee |
4 | | of a department
as defined in Section 14-103.04, and (iii) |
5 | | retires on or after January 1, 2001
is entitled to a retirement |
6 | | annuity upon or after attainment of an age which,
when added to |
7 | | the number of years of his or her total creditable service,
|
8 | | equals at least 85. Portions of years shall be counted as |
9 | | decimal equivalents.
|
10 | | A member who is eligible to receive a retirement annuity of |
11 | | at least 74.6% of
final average salary and will attain age 55 |
12 | | on or before December 31 during the
year which commences on |
13 | | July 1 shall be deemed to attain age 55 on the
preceding June |
14 | | 1.
|
15 | | (b) Notwithstanding subsection (a) of this Section, for a |
16 | | Tier I member who begins receiving a retirement annuity under |
17 | | this Article after July 1, 2013: |
18 | | (1) If the Tier I member is at least 45 years old on |
19 | | the effective date of this amendatory Act of the 98th |
20 | | General Assembly, then the references to age 55, 60, and 62 |
21 | | in subsection (a) of this Section remain unchanged and the |
22 | | reference to 85 in subsection (a) of this Section remains |
23 | | unchanged. |
24 | | (2) If the Tier I member is at least 40 but less than |
25 | | 45 years old on the effective date of this amendatory Act |
26 | | of the 98th General Assembly, then the references to age |
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1 | | 55, 60, and 62 in subsection (a) of this Section are |
2 | | increased by one year and the reference to 85 in subsection |
3 | | (a) is increased to 87. |
4 | | (3) If the Tier I member is at least 35 but less than |
5 | | 40 years old on the effective date of this amendatory Act |
6 | | of the 98th General Assembly, then the references to age |
7 | | 55, 60, and 62 in subsection (a) of this Section are |
8 | | increased by 3 years and the reference to 85 in subsection |
9 | | (a) is increased to 91. |
10 | | (4) If the Tier I member is less than 35 years old on |
11 | | the effective date of this amendatory Act of the 98th |
12 | | General Assembly, then the references to age 55, 60, and 62 |
13 | | in subsection (a) of this Section are increased by 5 years |
14 | | and the reference to 85 in subsection (a) is increased to |
15 | | 95. |
16 | | Notwithstanding Section 1-103.1, this subsection (b) |
17 | | applies without regard to whether or not the Tier I member is |
18 | | in active service under this Article on or after the effective |
19 | | date of this amendatory Act of the 98th General Assembly. |
20 | | (c) A member meeting the above eligibility conditions is |
21 | | entitled to a retirement
annuity upon written application to |
22 | | the board setting forth the date the member
wishes the |
23 | | retirement annuity to commence. However, the effective date of |
24 | | the
retirement annuity shall be no earlier than the day |
25 | | following the last day of
creditable service, regardless of the |
26 | | date of official termination of
employment.
|
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1 | | (d) To be eligible for a retirement annuity, a member shall |
2 | | not be employed
as a teacher in the schools included under this |
3 | | System or under Article 17,
except (i) as provided in Section |
4 | | 16-118 or 16-150.1, (ii) if
the member is disabled (in which |
5 | | event, eligibility for salary must cease),
or (iii) if the |
6 | | System is required by federal law to commence
payment due to |
7 | | the member's age; the changes to this sentence made by Public |
8 | | Act 93-320 this
amendatory Act of the 93rd General Assembly |
9 | | apply without
regard to whether the member terminated |
10 | | employment before or after its
effective date.
|
11 | | (Source: P.A. 93-320, eff. 7-23-03.)
|
12 | | (40 ILCS 5/16-133) (from Ch. 108 1/2, par. 16-133)
|
13 | | Sec. 16-133. Retirement annuity; amount.
|
14 | | (a) The amount of the retirement annuity shall be (i) in |
15 | | the case of a person who first became a teacher under this |
16 | | Article before July 1, 2005, the larger of the
amounts |
17 | | determined under paragraphs (A) and (B) below, or (ii) in the |
18 | | case of a person who first becomes a teacher under this Article |
19 | | on or after July 1, 2005, the amount determined under the |
20 | | applicable provisions of paragraph (B):
|
21 | | (A) An amount consisting of the sum of the following:
|
22 | | (1) An amount that can be provided on an |
23 | | actuarially equivalent basis
by the member's |
24 | | accumulated contributions at the time of retirement; |
25 | | and
|
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1 | | (2) The sum of (i) the amount that can be provided |
2 | | on an actuarially
equivalent basis by the member's |
3 | | accumulated contributions representing
service prior |
4 | | to July 1, 1947, and (ii) the amount that can be |
5 | | provided on
an actuarially equivalent basis by the |
6 | | amount obtained by multiplying 1.4
times the member's |
7 | | accumulated contributions covering service subsequent |
8 | | to
June 30, 1947; and
|
9 | | (3) If there is prior service, 2 times the amount |
10 | | that would have been
determined under subparagraph (2) |
11 | | of paragraph (A) above on account of
contributions |
12 | | which would have been made during the period of prior |
13 | | service
creditable to the member had the System been in |
14 | | operation and had the
member made contributions at the |
15 | | contribution rate in effect prior to
July 1, 1947.
|
16 | | For the purpose of calculating the sum provided under |
17 | | this paragraph (A), the contribution required under |
18 | | subsection (a-5) of Section 16-152 shall not be considered |
19 | | when determining the amount of the member's accumulated |
20 | | contributions under subparagraph (1) or (2). |
21 | | This paragraph (A) does not apply to a person who first |
22 | | becomes a teacher under this Article on or after July 1, |
23 | | 2005.
|
24 | | (B) An amount consisting of the greater of the |
25 | | following:
|
26 | | (1) For creditable service earned before July 1, |
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1 | | 1998 that has not
been augmented under Section |
2 | | 16-129.1: 1.67% of final average salary for
each of the |
3 | | first 10 years of creditable service, 1.90% of final |
4 | | average salary
for each year in excess of 10 but not |
5 | | exceeding 20, 2.10% of final average
salary for each |
6 | | year in excess of 20 but not exceeding 30, and 2.30% of |
7 | | final
average salary for each year in excess of 30; and
|
8 | | For creditable service earned on or after July 1, |
9 | | 1998 by a member who
has at least 24 years of |
10 | | creditable service on July 1, 1998 and who
does not |
11 | | elect to augment service under Section 16-129.1: 2.2% |
12 | | of final
average salary for each year of creditable |
13 | | service earned on or after July 1,
1998 but before the |
14 | | member reaches a total of 30 years of creditable |
15 | | service
and 2.3% of final average salary for each year |
16 | | of creditable service earned
on or after July 1, 1998 |
17 | | and after the member reaches a total of 30 years of
|
18 | | creditable service; and
|
19 | | For all other creditable service: 2.2% of final |
20 | | average salary
for each year of creditable service; or
|
21 | | (2) 1.5% of final average salary for each year of
|
22 | | creditable service plus the sum $7.50 for each of the |
23 | | first 20 years of
creditable service.
|
24 | | The amount of the retirement annuity determined under this |
25 | | paragraph (B)
shall be reduced by 1/2 of 1% for each month |
26 | | that the member is less than
age 60 at the time the |
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1 | | retirement annuity begins. However, this reduction
shall |
2 | | not apply (i) if the member has at least 35 years of |
3 | | creditable service,
or (ii) if the member retires on |
4 | | account of disability under Section 16-149.2
of this |
5 | | Article with at least 20 years of creditable service, or |
6 | | (iii) if
the member (1) has earned during the period |
7 | | immediately preceding the last
day of service at least one |
8 | | year of contributing creditable service as an
employee of a |
9 | | department as defined in Section 14-103.04, (2) has earned |
10 | | at
least 5 years of contributing creditable service as an |
11 | | employee of a department
as defined in Section 14-103.04, |
12 | | (3) retires on or after January 1, 2001, and
(4) retires |
13 | | having attained an age which, when added to the number of |
14 | | years of
his or her total creditable service, equals at |
15 | | least 85. Portions of years
shall be counted as decimal |
16 | | equivalents. For participants to whom subsection (b) of |
17 | | Section 16-132 applies, the reference to age 60 in this |
18 | | paragraph and the reference to 85 in this paragraph are |
19 | | increased as provided in subsection (b) of Section 16-132.
|
20 | | (b) For purposes of this Section, final average salary |
21 | | shall be the
average salary for the highest 4 consecutive years |
22 | | within the last 10 years
of creditable service as determined |
23 | | under rules of the board. The minimum
final average salary |
24 | | shall be considered to be $2,400 per year.
|
25 | | In the determination of final average salary for members |
26 | | other than
elected officials and their appointees when such |
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1 | | appointees are allowed by
statute, that part of a member's |
2 | | salary for any year beginning after June
30, 1979 which exceeds |
3 | | the member's annual full-time salary rate with the
same |
4 | | employer for the preceding year by more than 20% shall be |
5 | | excluded.
The exclusion shall not apply in any year in which |
6 | | the member's creditable
earnings are less than 50% of the |
7 | | preceding year's mean salary for downstate
teachers as |
8 | | determined by the survey of school district salaries provided |
9 | | in
Section 2-3.103 of the School Code.
|
10 | | (c) In determining the amount of the retirement annuity |
11 | | under paragraph
(B) of this Section, a fractional year shall be |
12 | | granted proportional credit.
|
13 | | (d) The retirement annuity determined under paragraph (B) |
14 | | of this Section
shall be available only to members who render |
15 | | teaching service after July
1, 1947 for which member |
16 | | contributions are required, and to annuitants who
re-enter |
17 | | under the provisions of Section 16-150.
|
18 | | (e) The maximum retirement annuity provided under |
19 | | paragraph (B) of this
Section shall be 75% of final average |
20 | | salary.
|
21 | | (f) A member retiring after the effective date of this |
22 | | amendatory Act
of 1998 shall receive a pension equal to 75% of |
23 | | final average salary if the
member is qualified to receive a |
24 | | retirement annuity equal to at least 74.6%
of final average |
25 | | salary under this Article or as proportional annuities under
|
26 | | Article 20 of this Code.
|
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1 | | (Source: P.A. 94-4, eff. 6-1-05.)
|
2 | | (40 ILCS 5/16-133.1) (from Ch. 108 1/2, par. 16-133.1)
|
3 | | Sec. 16-133.1. Automatic annual increase in annuity.
|
4 | | (a) Each member with creditable service and retiring on or |
5 | | after August 26,
1969 is entitled to the automatic annual |
6 | | increases in annuity provided under
this Section while |
7 | | receiving a retirement annuity or disability retirement
|
8 | | annuity from the system.
|
9 | | An annuitant shall first be entitled to an initial increase |
10 | | under this
Section on the January 1 next following the first |
11 | | anniversary of retirement,
or January 1 of the year next |
12 | | following attainment of age 61, whichever is
later. At such |
13 | | time, the system shall pay an initial increase determined as
|
14 | | follows or as provided in subsections (a-1), (a-2), and (a-3) |
15 | | of this Section :
|
16 | | (1) 1.5% of the originally granted retirement annuity |
17 | | or disability
retirement annuity multiplied by the number |
18 | | of years elapsed, if any, from the date of retirement
until |
19 | | January 1, 1972, plus
|
20 | | (2) 2% of the originally granted annuity multiplied by |
21 | | the number of
years elapsed, if any, from the date of |
22 | | retirement or January
1, 1972, whichever is later, until |
23 | | January 1, 1978, plus
|
24 | | (3) 3% of the originally granted annuity multiplied by |
25 | | the number
of years elapsed from the date of retirement or |
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1 | | January 1,
1978, whichever is later, until the effective |
2 | | date of the initial
increase.
|
3 | | However, the initial annual increase calculated under this |
4 | | Section for the
recipient of a disability retirement annuity |
5 | | granted under Section 16-149.2
shall be reduced by an amount |
6 | | equal to the total of all increases in that
annuity received |
7 | | under Section 16-149.5 (but not exceeding 100% of the amount
of |
8 | | the initial increase otherwise provided under this Section).
|
9 | | Following the initial increase, automatic annual increases |
10 | | in annuity shall
be payable on each January 1 thereafter during |
11 | | the lifetime of the annuitant,
determined as a percentage of |
12 | | the originally granted retirement annuity
or disability |
13 | | retirement annuity for increases granted prior to January
1, |
14 | | 1990, and calculated as a percentage of the total amount of |
15 | | annuity,
including previous increases under this Section, for |
16 | | increases granted on
or after January 1, 1990, as follows: 1.5% |
17 | | for periods prior to January 1,
1972, 2% for periods after |
18 | | December 31, 1971 and prior to January 1, 1978,
and 3% for |
19 | | periods after December 31, 1977 , or as provided in subsections |
20 | | (a-1), (a-2), and (a-3) of this Section .
|
21 | | (a-1) Notwithstanding any other provision of this Article, |
22 | | except subsection (a-3) of this Section, for a Tier I retiree, |
23 | | the amount of each automatic annual increase in retirement |
24 | | annuity occurring on or after the effective date of this |
25 | | amendatory Act of the 98th General Assembly shall be the lesser |
26 | | of $750 or 3% of the total annuity
payable at the time of the |
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1 | | increase, including previous increases granted. |
2 | | (a-2) Notwithstanding any other provision of this Article, |
3 | | except subsection (a-3) of this Section, for a Tier I retiree, |
4 | | the monthly retirement annuity shall first be subject to annual |
5 | | increases on the January 1 occurring on or next after the |
6 | | attainment of age 67 or the January 1 occurring on or next |
7 | | after the fifth anniversary of the annuity start date, |
8 | | whichever occurs earlier. If on the effective date of this |
9 | | amendatory Act of the 98th General Assembly a Tier I retiree |
10 | | has already received an annual increase under this Section but |
11 | | does not yet meet the new eligibility requirements of this |
12 | | subsection, the annual increases already received shall |
13 | | continue in force, but no additional annual increase shall be |
14 | | granted until the Tier I retiree meets the new eligibility |
15 | | requirements. |
16 | | (a-3) Notwithstanding any other provision of this Article, |
17 | | a Tier I retiree is ineligible to receive an automatic annual |
18 | | increase in retirement annuity pursuant to this Section, unless |
19 | | he or she has 20 years of creditable service under this |
20 | | Article. If on the effective date of this amendatory Act of the |
21 | | 98th General Assembly a Tier I retiree has already received an |
22 | | annual increase under this Section but does not yet meet the |
23 | | new eligibility requirements of this subsection, the annual |
24 | | increases already received shall continue in force, but no |
25 | | additional annual increase shall be granted until the Tier I |
26 | | retiree meets the new eligibility requirements. |
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1 | | (a-4) Notwithstanding Section 1-103.1, subsections (a-1) |
2 | | and (a-2) apply without regard to whether or not the Tier I |
3 | | retiree is in active service under this Article on or after the |
4 | | effective date of this amendatory Act of the 98th General |
5 | | Assembly. |
6 | | (b) The automatic annual increases in annuity provided |
7 | | under this Section
shall not be applicable unless a member has |
8 | | made contributions toward such
increases for a period |
9 | | equivalent to one full year of creditable service.
If a member |
10 | | contributes for service performed after August 26, 1969 but
the |
11 | | member becomes an annuitant before such contributions amount to |
12 | | one
full year's contributions based on the salary at the date |
13 | | of retirement,
he or she may pay the necessary balance of the |
14 | | contributions to the system
and be eligible for the automatic |
15 | | annual increases in annuity provided under
this Section.
|
16 | | (c) Each member shall make contributions toward the cost of |
17 | | the automatic
annual increases in annuity as provided under |
18 | | Section 16-152.
|
19 | | (d) An annuitant receiving a retirement annuity or |
20 | | disability retirement
annuity on July 1, 1969, who subsequently |
21 | | re-enters service as a teacher
is eligible for the automatic |
22 | | annual increases in annuity provided under
this Section if he |
23 | | or she renders at least one year of creditable service
|
24 | | following the latest re-entry.
|
25 | | (e) In addition to the automatic annual increases in |
26 | | annuity provided
under this Section, an annuitant who meets the |
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1 | | service requirements of this
Section and whose retirement |
2 | | annuity or disability retirement annuity began
on or before |
3 | | January 1, 1971 shall receive, on January 1, 1981, an increase
|
4 | | in the annuity then being paid of one dollar per month for each |
5 | | year of
creditable service. On January 1, 1982, an annuitant |
6 | | whose retirement
annuity or disability retirement annuity |
7 | | began on or before January 1, 1977
shall receive an increase in |
8 | | the annuity then being paid of one dollar per
month for each |
9 | | year of creditable service.
|
10 | | On January 1, 1987, any annuitant whose retirement annuity |
11 | | began
on or before January 1, 1977, shall receive an increase |
12 | | in the monthly
retirement annuity equal to 8¢ per year of |
13 | | creditable service times the
number of years that have elapsed |
14 | | since the annuity began.
|
15 | | (Source: P.A. 91-927, eff. 12-14-00.)
|
16 | | (40 ILCS 5/16-152) (from Ch. 108 1/2, par. 16-152)
|
17 | | Sec. 16-152. Contributions by members.
|
18 | | (a) Each member shall make contributions for membership |
19 | | service to this
System as follows:
|
20 | | (1) Effective July 1, 1998, contributions of 7.50% of |
21 | | salary towards the
cost of the retirement annuity. Such |
22 | | contributions shall be deemed "normal
contributions".
|
23 | | (2) Effective July 1, 1969, contributions of 1/2 of 1% |
24 | | of salary toward
the cost of the automatic annual increase |
25 | | in retirement annuity provided
under Section 16-133.1.
|
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1 | | (3) Effective July 24, 1959, contributions of 1% of |
2 | | salary towards the
cost of survivor benefits. Such |
3 | | contributions shall not be credited to
the individual |
4 | | account of the member and shall not be subject to refund
|
5 | | except as provided under Section 16-143.2.
|
6 | | (4) Effective July 1, 2005, contributions of 0.40% of |
7 | | salary toward the cost of the early retirement without |
8 | | discount option provided under Section 16-133.2. This |
9 | | contribution shall cease upon termination of the early |
10 | | retirement without discount option as provided in Section |
11 | | 16-176.
|
12 | | (a-5) In addition to the contributions otherwise required |
13 | | under this Article, each Tier I member shall also make the |
14 | | following contributions toward the cost of the retirement |
15 | | annuity from each payment
of salary: |
16 | | (1) beginning July 1, 2013 and through June 30, 2014, |
17 | | 1% of salary; and |
18 | | (2) beginning on July 1, 2014, 2% of salary. |
19 | | Except as otherwise specified, these contributions are to |
20 | | be considered as normal contributions for purposes
of this |
21 | | Article. |
22 | | (b) The minimum required contribution for any year of |
23 | | full-time
teaching service shall be $192.
|
24 | | (c) Contributions shall not be required of any annuitant |
25 | | receiving
a retirement annuity who is given employment as |
26 | | permitted under Section 16-118 or 16-150.1.
|
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1 | | (d) A person who (i) was a member before July 1, 1998, (ii) |
2 | | retires with
more than 34 years of creditable service, and |
3 | | (iii) does not elect to qualify
for the augmented rate under |
4 | | Section 16-129.1 shall be entitled, at the time
of retirement, |
5 | | to receive a partial refund of contributions made under this
|
6 | | Section for service occurring after the later of June 30, 1998 |
7 | | or attainment
of 34 years of creditable service, in an amount |
8 | | equal to 1.00% of the salary
upon which those contributions |
9 | | were based.
|
10 | | (e) A member's contributions toward the cost of early |
11 | | retirement without discount made under item (a)(4) of this |
12 | | Section shall not be refunded if the member has elected early |
13 | | retirement without discount under Section 16-133.2 and has |
14 | | begun to receive a retirement annuity under this Article |
15 | | calculated in accordance with that election. Otherwise, a |
16 | | member's contributions toward the cost of early retirement |
17 | | without discount made under item (a)(4) of this Section shall |
18 | | be refunded according to whichever one of the following |
19 | | circumstances occurs first: |
20 | | (1) The contributions shall be refunded to the member, |
21 | | without interest, within 120 days after the member's |
22 | | retirement annuity commences, if the member does not elect |
23 | | early retirement without discount under Section 16-133.2. |
24 | | (2) The contributions shall be included, without |
25 | | interest, in any refund claimed by the member under Section |
26 | | 16-151. |
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1 | | (3) The contributions shall be refunded to the member's |
2 | | designated beneficiary (or if there is no beneficiary, to |
3 | | the member's estate), without interest, if the member dies |
4 | | without having begun to receive a retirement annuity under |
5 | | this Article. |
6 | | (4) The contributions shall be refunded to the member, |
7 | | without interest, within 120 days after the early |
8 | | retirement without discount option provided under Section |
9 | | 16-133.2 is terminated under Section 16-176.
|
10 | | (Source: P.A. 93-320, eff. 7-23-03; 94-4, eff. 6-1-05.)
|
11 | | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
|
12 | | Sec. 16-158. Contributions by State and other employing |
13 | | units.
|
14 | | (a) The State shall make contributions to the System by |
15 | | means of
appropriations from the Common School Fund and other |
16 | | State funds of amounts
which, together with other employer |
17 | | contributions, employee contributions,
investment income, and |
18 | | other income, will be sufficient to meet the cost of
|
19 | | maintaining and administering the System on a 100% 90% funded |
20 | | basis in accordance
with actuarial recommendations by the end |
21 | | of State fiscal year 2043 .
|
22 | | The Board shall determine the amount of State contributions |
23 | | required for
each fiscal year on the basis of the actuarial |
24 | | tables and other assumptions
adopted by the Board and the |
25 | | recommendations of the actuary, using the formula
in subsection |
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1 | | (b-3).
|
2 | | (a-1) Annually, on or before November 15 through until |
3 | | November 15, 2011, the Board shall certify to the
Governor the |
4 | | amount of the required State contribution for the coming fiscal
|
5 | | year. The certification under this subsection (a-1) shall |
6 | | include a copy of the actuarial recommendations
upon which it |
7 | | is based and shall specifically identify the System's projected |
8 | | State normal cost for that fiscal year .
|
9 | | On or before May 1, 2004, the Board shall recalculate and |
10 | | recertify to
the Governor the amount of the required State |
11 | | contribution to the System for
State fiscal year 2005, taking |
12 | | into account the amounts appropriated to and
received by the |
13 | | System under subsection (d) of Section 7.2 of the General
|
14 | | Obligation Bond Act.
|
15 | | On or before July 1, 2005, the Board shall recalculate and |
16 | | recertify
to the Governor the amount of the required State
|
17 | | contribution to the System for State fiscal year 2006, taking |
18 | | into account the changes in required State contributions made |
19 | | by this amendatory Act of the 94th General Assembly.
|
20 | | On or before April 1, 2011, the Board shall recalculate and |
21 | | recertify to the Governor the amount of the required State |
22 | | contribution to the System for State fiscal year 2011, applying |
23 | | the changes made by Public Act 96-889 to the System's assets |
24 | | and liabilities as of June 30, 2009 as though Public Act 96-889 |
25 | | was approved on that date. |
26 | | (a-5) On or before November 1 of each year, beginning |
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1 | | November 1, 2012, the Board shall submit to the State Actuary, |
2 | | the Governor, and the General Assembly a proposed certification |
3 | | of the amount of the required State contribution to the System |
4 | | for the next fiscal year, along with all of the actuarial |
5 | | assumptions, calculations, and data upon which that proposed |
6 | | certification is based. On or before January 1 of each year, |
7 | | beginning January 1, 2013, the State Actuary shall issue a |
8 | | preliminary report concerning the proposed certification and |
9 | | identifying, if necessary, recommended changes in actuarial |
10 | | assumptions that the Board must consider before finalizing its |
11 | | certification of the required State contributions. |
12 | | On or before January 15, 2013 and each January 15 |
13 | | thereafter, the Board shall certify to the Governor and the |
14 | | General Assembly the amount of the required State contribution |
15 | | for the next fiscal year. The certification shall include a |
16 | | copy of the actuarial
recommendations upon which it is based |
17 | | and shall specifically identify the System's projected State |
18 | | normal cost for that fiscal year. The Board's certification |
19 | | must note any deviations from the State Actuary's recommended |
20 | | changes, the reason or reasons for not following the State |
21 | | Actuary's recommended changes, and the fiscal impact of not |
22 | | following the State Actuary's recommended changes on the |
23 | | required State contribution. |
24 | | (b) Through State fiscal year 1995, the State contributions |
25 | | shall be
paid to the System in accordance with Section 18-7 of |
26 | | the School Code.
|
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1 | | (b-1) Beginning in State fiscal year 1996, on the 15th day |
2 | | of each month,
or as soon thereafter as may be practicable, the |
3 | | Board shall submit vouchers
for payment of State contributions |
4 | | to the System, in a total monthly amount of
one-twelfth of the |
5 | | required annual State contribution certified under
subsection |
6 | | (a-1).
From the
effective date of this amendatory Act of the |
7 | | 93rd General Assembly
through June 30, 2004, the Board shall |
8 | | not submit vouchers for the
remainder of fiscal year 2004 in |
9 | | excess of the fiscal year 2004
certified contribution amount |
10 | | determined under this Section
after taking into consideration |
11 | | the transfer to the System
under subsection (a) of Section |
12 | | 6z-61 of the State Finance Act.
These vouchers shall be paid by |
13 | | the State Comptroller and
Treasurer by warrants drawn on the |
14 | | funds appropriated to the System for that
fiscal year.
|
15 | | If in any month the amount remaining unexpended from all |
16 | | other appropriations
to the System for the applicable fiscal |
17 | | year (including the appropriations to
the System under Section |
18 | | 8.12 of the State Finance Act and Section 1 of the
State |
19 | | Pension Funds Continuing Appropriation Act) is less than the |
20 | | amount
lawfully vouchered under this subsection, the |
21 | | difference shall be paid from the
Common School Fund under the |
22 | | continuing appropriation authority provided in
Section 1.1 of |
23 | | the State Pension Funds Continuing Appropriation Act.
|
24 | | (b-2) Allocations from the Common School Fund apportioned |
25 | | to school
districts not coming under this System shall not be |
26 | | diminished or affected by
the provisions of this Article.
|
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1 | | (b-3) For State fiscal years 2014 through 2043, the minimum |
2 | | contribution
to the System to be made by the State for each |
3 | | fiscal year shall be an amount
determined by the System to be |
4 | | equal to the sum of (1) the State's portion of the projected |
5 | | normal cost for that fiscal year, plus (2) an amount sufficient |
6 | | to bring the total assets of the
System up to 100% of the total |
7 | | actuarial liabilities of the System by the end of
State fiscal |
8 | | year 2043. In making these determinations, the required State
|
9 | | contribution shall be calculated each year as a level |
10 | | percentage of payroll
over the years remaining to and including |
11 | | fiscal year 2043 and shall be
determined under the projected |
12 | | unit credit actuarial cost method. |
13 | | Beginning in State fiscal year 2044, the minimum State |
14 | | contribution for each fiscal year shall be the amount needed to |
15 | | maintain the total assets of the System at 100% of the total |
16 | | actuarial liabilities of the System. |
17 | | For State fiscal years 2012 and 2013 through 2045 , the |
18 | | minimum contribution
to the System to be made by the State for |
19 | | each fiscal year shall be an amount
determined by the System to |
20 | | be sufficient to bring the total assets of the
System up to 90% |
21 | | of the total actuarial liabilities of the System by the end of
|
22 | | State fiscal year 2045. In making these determinations, the |
23 | | required State
contribution shall be calculated each year as a |
24 | | level percentage of payroll
over the years remaining to and |
25 | | including fiscal year 2045 and shall be
determined under the |
26 | | projected unit credit actuarial cost method.
|
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1 | | For State fiscal years 1996 through 2005, the State |
2 | | contribution to the
System, as a percentage of the applicable |
3 | | employee payroll, shall be increased
in equal annual increments |
4 | | so that by State fiscal year 2011, the State is
contributing at |
5 | | the rate required under this Section; except that in the
|
6 | | following specified State fiscal years, the State contribution |
7 | | to the System
shall not be less than the following indicated |
8 | | percentages of the applicable
employee payroll, even if the |
9 | | indicated percentage will produce a State
contribution in |
10 | | excess of the amount otherwise required under this subsection
|
11 | | and subsection (a), and notwithstanding any contrary |
12 | | certification made under
subsection (a-1) before the effective |
13 | | date of this amendatory Act of 1998:
10.02% in FY 1999;
10.77% |
14 | | in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% in FY |
15 | | 2003; and
13.56% in FY 2004.
|
16 | | Notwithstanding any other provision of this Article, the |
17 | | total required State
contribution for State fiscal year 2006 is |
18 | | $534,627,700.
|
19 | | Notwithstanding any other provision of this Article, the |
20 | | total required State
contribution for State fiscal year 2007 is |
21 | | $738,014,500.
|
22 | | For each of State fiscal years 2008 through 2009, the State |
23 | | contribution to
the System, as a percentage of the applicable |
24 | | employee payroll, shall be
increased in equal annual increments |
25 | | from the required State contribution for State fiscal year |
26 | | 2007, so that by State fiscal year 2011, the
State is |
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1 | | contributing at the rate otherwise required under this Section.
|
2 | | Notwithstanding any other provision of this Article, the |
3 | | total required State contribution for State fiscal year 2010 is |
4 | | $2,089,268,000 and shall be made from the proceeds of bonds |
5 | | sold in fiscal year 2010 pursuant to Section 7.2 of the General |
6 | | Obligation Bond Act, less (i) the pro rata share of bond sale |
7 | | expenses determined by the System's share of total bond |
8 | | proceeds, (ii) any amounts received from the Common School Fund |
9 | | in fiscal year 2010, and (iii) any reduction in bond proceeds |
10 | | due to the issuance of discounted bonds, if applicable. |
11 | | Notwithstanding any other provision of this Article, the
|
12 | | total required State contribution for State fiscal year 2011 is
|
13 | | the amount recertified by the System on or before April 1, 2011 |
14 | | pursuant to subsection (a-1) of this Section and shall be made |
15 | | from the proceeds of bonds
sold in fiscal year 2011 pursuant to |
16 | | Section 7.2 of the General
Obligation Bond Act, less (i) the |
17 | | pro rata share of bond sale
expenses determined by the System's |
18 | | share of total bond
proceeds, (ii) any amounts received from |
19 | | the Common School Fund
in fiscal year 2011, and (iii) any |
20 | | reduction in bond proceeds
due to the issuance of discounted |
21 | | bonds, if applicable. This amount shall include, in addition to |
22 | | the amount certified by the System, an amount necessary to meet |
23 | | employer contributions required by the State as an employer |
24 | | under paragraph (e) of this Section, which may also be used by |
25 | | the System for contributions required by paragraph (a) of |
26 | | Section 16-127. |
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1 | | Beginning in State fiscal year 2046, the minimum State |
2 | | contribution for
each fiscal year shall be the amount needed to |
3 | | maintain the total assets of
the System at 90% of the total |
4 | | actuarial liabilities of the System.
|
5 | | Amounts received by the System pursuant to Section 25 of |
6 | | the Budget Stabilization Act or Section 8.12 of the State |
7 | | Finance Act in any fiscal year do not reduce and do not |
8 | | constitute payment of any portion of the minimum State |
9 | | contribution required under this Article in that fiscal year. |
10 | | Such amounts shall not reduce, and shall not be included in the |
11 | | calculation of, the required State contributions under this |
12 | | Article in any future year until the System has reached a |
13 | | funding ratio of at least 100% 90% . A reference in this Article |
14 | | to the "required State contribution" or any substantially |
15 | | similar term does not include or apply to any amounts payable |
16 | | to the System under Section 25 of the Budget Stabilization Act. |
17 | | Notwithstanding any other provision of this Section, the |
18 | | required State
contribution for State fiscal year 2005 and for |
19 | | fiscal year 2008 and each fiscal year thereafter through State |
20 | | fiscal year 2013 , as
calculated under this Section and
|
21 | | certified under subsection (a-1), shall not exceed an amount |
22 | | equal to (i) the
amount of the required State contribution that |
23 | | would have been calculated under
this Section for that fiscal |
24 | | year if the System had not received any payments
under |
25 | | subsection (d) of Section 7.2 of the General Obligation Bond |
26 | | Act, minus
(ii) the portion of the State's total debt service |
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1 | | payments for that fiscal
year on the bonds issued in fiscal |
2 | | year 2003 for the purposes of that Section 7.2, as determined
|
3 | | and certified by the Comptroller, that is the same as the |
4 | | System's portion of
the total moneys distributed under |
5 | | subsection (d) of Section 7.2 of the General
Obligation Bond |
6 | | Act. In determining this maximum for State fiscal years 2008 |
7 | | through 2010, however, the amount referred to in item (i) shall |
8 | | be increased, as a percentage of the applicable employee |
9 | | payroll, in equal increments calculated from the sum of the |
10 | | required State contribution for State fiscal year 2007 plus the |
11 | | applicable portion of the State's total debt service payments |
12 | | for fiscal year 2007 on the bonds issued in fiscal year 2003 |
13 | | for the purposes of Section 7.2 of the General
Obligation Bond |
14 | | Act, so that, by State fiscal year 2011, the
State is |
15 | | contributing at the rate otherwise required under this Section.
|
16 | | (c) Payment of the required State contributions and of all |
17 | | pensions,
retirement annuities, death benefits, refunds, and |
18 | | other benefits granted
under or assumed by this System, and all |
19 | | expenses in connection with the
administration and operation |
20 | | thereof, are obligations of the State.
|
21 | | If members are paid from special trust or federal funds |
22 | | which are
administered by the employing unit, whether school |
23 | | district or other
unit, the employing unit shall pay to the |
24 | | System from such
funds the full accruing retirement costs based |
25 | | upon that
service, as determined by the System. Employer |
26 | | contributions, based on
salary paid to members from federal |
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1 | | funds, may be forwarded by the distributing
agency of the State |
2 | | of Illinois to the System prior to allocation, in an
amount |
3 | | determined in accordance with guidelines established by such
|
4 | | agency and the System.
|
5 | | (d) Effective July 1, 1986, any employer of a teacher as |
6 | | defined in
paragraph (8) of Section 16-106 shall pay the |
7 | | employer's normal cost
of benefits based upon the teacher's |
8 | | service, in addition to
employee contributions, as determined |
9 | | by the System. Such employer
contributions shall be forwarded |
10 | | monthly in accordance with guidelines
established by the |
11 | | System.
|
12 | | However, with respect to benefits granted under Section |
13 | | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) |
14 | | of Section 16-106, the
employer's contribution shall be 12% |
15 | | (rather than 20%) of the member's
highest annual salary rate |
16 | | for each year of creditable service granted, and
the employer |
17 | | shall also pay the required employee contribution on behalf of
|
18 | | the teacher. For the purposes of Sections 16-133.4 and |
19 | | 16-133.5, a teacher
as defined in paragraph (8) of Section |
20 | | 16-106 who is serving in that capacity
while on leave of |
21 | | absence from another employer under this Article shall not
be |
22 | | considered an employee of the employer from which the teacher |
23 | | is on leave.
|
24 | | (e) Beginning July 1, 1998, every employer of a teacher
|
25 | | shall pay to the System an employer contribution computed as |
26 | | follows:
|
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1 | | (1) Beginning July 1, 1998 through June 30, 1999, the |
2 | | employer
contribution shall be equal to 0.3% of each |
3 | | teacher's salary.
|
4 | | (2) Beginning July 1, 1999 and thereafter, the employer
|
5 | | contribution shall be equal to 0.58% of each teacher's |
6 | | salary.
|
7 | | The school district or other employing unit may pay these |
8 | | employer
contributions out of any source of funding available |
9 | | for that purpose and
shall forward the contributions to the |
10 | | System on the schedule established
for the payment of member |
11 | | contributions.
|
12 | | These employer contributions are intended to offset a |
13 | | portion of the cost
to the System of the increases in |
14 | | retirement benefits resulting from this
amendatory Act of 1998.
|
15 | | Each employer of teachers is entitled to a credit against |
16 | | the contributions
required under this subsection (e) with |
17 | | respect to salaries paid to teachers
for the period January 1, |
18 | | 2002 through June 30, 2003, equal to the amount paid
by that |
19 | | employer under subsection (a-5) of Section 6.6 of the State |
20 | | Employees
Group Insurance Act of 1971 with respect to salaries |
21 | | paid to teachers for that
period.
|
22 | | The additional 1% employee contribution required under |
23 | | Section 16-152 by
this amendatory Act of 1998 is the |
24 | | responsibility of the teacher and not the
teacher's employer, |
25 | | unless the employer agrees, through collective bargaining
or |
26 | | otherwise, to make the contribution on behalf of the teacher.
|
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1 | | If an employer is required by a contract in effect on May |
2 | | 1, 1998 between the
employer and an employee organization to |
3 | | pay, on behalf of all its full-time
employees
covered by this |
4 | | Article, all mandatory employee contributions required under
|
5 | | this Article, then the employer shall be excused from paying |
6 | | the employer
contribution required under this subsection (e) |
7 | | for the balance of the term
of that contract. The employer and |
8 | | the employee organization shall jointly
certify to the System |
9 | | the existence of the contractual requirement, in such
form as |
10 | | the System may prescribe. This exclusion shall cease upon the
|
11 | | termination, extension, or renewal of the contract at any time |
12 | | after May 1,
1998.
|
13 | | (f) If the amount of a teacher's salary for any school year |
14 | | used to determine final average salary exceeds the member's |
15 | | annual full-time salary rate with the same employer for the |
16 | | previous school year by more than 6%, the teacher's employer |
17 | | shall pay to the System, in addition to all other payments |
18 | | required under this Section and in accordance with guidelines |
19 | | established by the System, the present value of the increase in |
20 | | benefits resulting from the portion of the increase in salary |
21 | | that is in excess of 6%. This present value shall be computed |
22 | | by the System on the basis of the actuarial assumptions and |
23 | | tables used in the most recent actuarial valuation of the |
24 | | System that is available at the time of the computation. If a |
25 | | teacher's salary for the 2005-2006 school year is used to |
26 | | determine final average salary under this subsection (f), then |
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1 | | the changes made to this subsection (f) by Public Act 94-1057 |
2 | | shall apply in calculating whether the increase in his or her |
3 | | salary is in excess of 6%. For the purposes of this Section, |
4 | | change in employment under Section 10-21.12 of the School Code |
5 | | on or after June 1, 2005 shall constitute a change in employer. |
6 | | The System may require the employer to provide any pertinent |
7 | | information or documentation.
The changes made to this |
8 | | subsection (f) by this amendatory Act of the 94th General |
9 | | Assembly apply without regard to whether the teacher was in |
10 | | service on or after its effective date.
|
11 | | Whenever it determines that a payment is or may be required |
12 | | under this subsection, the System shall calculate the amount of |
13 | | the payment and bill the employer for that amount. The bill |
14 | | shall specify the calculations used to determine the amount |
15 | | due. If the employer disputes the amount of the bill, it may, |
16 | | within 30 days after receipt of the bill, apply to the System |
17 | | in writing for a recalculation. The application must specify in |
18 | | detail the grounds of the dispute and, if the employer asserts |
19 | | that the calculation is subject to subsection (g) or (h) of |
20 | | this Section, must include an affidavit setting forth and |
21 | | attesting to all facts within the employer's knowledge that are |
22 | | pertinent to the applicability of that subsection. Upon |
23 | | receiving a timely application for recalculation, the System |
24 | | shall review the application and, if appropriate, recalculate |
25 | | the amount due.
|
26 | | The employer contributions required under this subsection |
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1 | | (f) may be paid in the form of a lump sum within 90 days after |
2 | | receipt of the bill. If the employer contributions are not paid |
3 | | within 90 days after receipt of the bill, then interest will be |
4 | | charged at a rate equal to the System's annual actuarially |
5 | | assumed rate of return on investment compounded annually from |
6 | | the 91st day after receipt of the bill. Payments must be |
7 | | concluded within 3 years after the employer's receipt of the |
8 | | bill.
|
9 | | (g) This subsection (g) applies only to payments made or |
10 | | salary increases given on or after June 1, 2005 but before July |
11 | | 1, 2011. The changes made by Public Act 94-1057 shall not |
12 | | require the System to refund any payments received before
July |
13 | | 31, 2006 (the effective date of Public Act 94-1057). |
14 | | When assessing payment for any amount due under subsection |
15 | | (f), the System shall exclude salary increases paid to teachers |
16 | | under contracts or collective bargaining agreements entered |
17 | | into, amended, or renewed before June 1, 2005.
|
18 | | When assessing payment for any amount due under subsection |
19 | | (f), the System shall exclude salary increases paid to a |
20 | | teacher at a time when the teacher is 10 or more years from |
21 | | retirement eligibility under Section 16-132 or 16-133.2.
|
22 | | When assessing payment for any amount due under subsection |
23 | | (f), the System shall exclude salary increases resulting from |
24 | | overload work, including summer school, when the school |
25 | | district has certified to the System, and the System has |
26 | | approved the certification, that (i) the overload work is for |
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1 | | the sole purpose of classroom instruction in excess of the |
2 | | standard number of classes for a full-time teacher in a school |
3 | | district during a school year and (ii) the salary increases are |
4 | | equal to or less than the rate of pay for classroom instruction |
5 | | computed on the teacher's current salary and work schedule.
|
6 | | When assessing payment for any amount due under subsection |
7 | | (f), the System shall exclude a salary increase resulting from |
8 | | a promotion (i) for which the employee is required to hold a |
9 | | certificate or supervisory endorsement issued by the State |
10 | | Teacher Certification Board that is a different certification |
11 | | or supervisory endorsement than is required for the teacher's |
12 | | previous position and (ii) to a position that has existed and |
13 | | been filled by a member for no less than one complete academic |
14 | | year and the salary increase from the promotion is an increase |
15 | | that results in an amount no greater than the lesser of the |
16 | | average salary paid for other similar positions in the district |
17 | | requiring the same certification or the amount stipulated in |
18 | | the collective bargaining agreement for a similar position |
19 | | requiring the same certification.
|
20 | | When assessing payment for any amount due under subsection |
21 | | (f), the System shall exclude any payment to the teacher from |
22 | | the State of Illinois or the State Board of Education over |
23 | | which the employer does not have discretion, notwithstanding |
24 | | that the payment is included in the computation of final |
25 | | average salary.
|
26 | | (h) When assessing payment for any amount due under |
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1 | | subsection (f), the System shall exclude any salary increase |
2 | | described in subsection (g) 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 (f) of this Section.
|
10 | | (i) 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 | | (j) For purposes of determining the required State |
26 | | contribution to the System, the value of the System's assets |
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1 | | shall be equal to the actuarial value of the System's assets, |
2 | | which shall be calculated as follows: |
3 | | As of June 30, 2008, the actuarial value of the System's |
4 | | assets shall be equal to the market value of the assets as of |
5 | | that date. In determining the actuarial value of the System's |
6 | | assets for fiscal years after June 30, 2008, any actuarial |
7 | | gains or losses from investment return incurred in a fiscal |
8 | | year shall be recognized in equal annual amounts over the |
9 | | 5-year period following that fiscal year. |
10 | | (k) For purposes of determining the required State |
11 | | contribution to the system for a particular year, the actuarial |
12 | | value of assets shall be assumed to earn a rate of return equal |
13 | | to the system's actuarially assumed rate of return. |
14 | | (Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; |
15 | | 96-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-694, eff. |
16 | | 6-18-12; 97-813, eff. 7-13-12.)
|
17 | | (40 ILCS 5/16-158.1) (from Ch. 108 1/2, par. 16-158.1)
|
18 | | Sec. 16-158.1. Actions to enforce payments by school |
19 | | districts and
other employing units other than the State . Any |
20 | | school district or other
employing unit , other than the State, |
21 | | that fails failing to transmit to the System contributions |
22 | | required of
it under this Article or contributions required of |
23 | | teachers, for more
than 90 days after such contributions are |
24 | | due is subject to the following:
after giving notice to the |
25 | | district or other unit, the System may certify
to the State |
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1 | | Comptroller or the Regional Superintendent of Schools the
|
2 | | amounts of such delinquent payments and the State Comptroller |
3 | | or the
Regional Superintendent of Schools shall deduct the |
4 | | amounts so certified
or any part thereof from any State funds |
5 | | to be remitted
to the school district or other employing unit |
6 | | involved and shall
pay the amount so deducted to the System. If |
7 | | State funds from which
such deductions may be made are not |
8 | | available, the System may proceed
against the school district |
9 | | or other employing unit to recover the
amounts of such |
10 | | delinquent payments in the appropriate circuit court.
|
11 | | The System may provide for an
audit of the records of a |
12 | | school district or other employing unit , other than the State, |
13 | | as
may be required to establish the amounts of required |
14 | | contributions.
The school district or other employing unit |
15 | | shall make its records
available to the System for the purpose |
16 | | of such audit. The cost of such
audit shall be added to the |
17 | | amount of the delinquent payments and shall
be recovered by the |
18 | | System from the school district or other employing
unit at the |
19 | | same time and in the same manner as the delinquent payments
are |
20 | | recovered.
|
21 | | (Source: P.A. 90-448, eff. 8-16-97.)
|
22 | | (40 ILCS 5/16-158.2 new) |
23 | | Sec. 16-158.2. Obligations of State; funding guarantee. |
24 | | Beginning July 1, 2013, the State shall be contractually |
25 | | obligated to contribute to the System under Section 16-158 in |
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1 | | each State fiscal year an amount not less than the sum of (i) |
2 | | the State's normal cost for that year and
(ii) the portion of |
3 | | the unfunded accrued liability assigned to that year by law in |
4 | | accordance with a schedule that distributes payments equitably |
5 | | over a reasonable period of time and in accordance with |
6 | | accepted actuarial practices. The obligations created under |
7 | | this Section are contractual obligations protected and |
8 | | enforceable under Article I, Section 16 and Article XIII, |
9 | | Section 5 of the Illinois Constitution. |
10 | | Notwithstanding any other provision of law, if the State |
11 | | fails to pay in a State fiscal year the amount guaranteed under |
12 | | this Section, the System may bring a mandamus action in the |
13 | | Circuit Court of Sangamon County to compel the State to make |
14 | | that payment, irrespective of other remedies that
may be |
15 | | available to the System. In ordering the State to make the |
16 | | required payment, the court may order a reasonable payment |
17 | | schedule to enable the State to make the required payment |
18 | | without significantly imperiling the public health, safety, or |
19 | | welfare. |
20 | | Any payments required to be made by the State pursuant to |
21 | | this Section are expressly subordinated to the payment of the |
22 | | principal, interest, and premium, if any, on any
bonded debt |
23 | | obligation of the State or any other State-created entity, |
24 | | either currently outstanding or to
be issued, for which the |
25 | | source of repayment or security thereon is derived directly or |
26 | | indirectly from
tax revenues collected by the State or any |
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1 | | other State-created entity. Payments on such bonded
|
2 | | obligations include any statutory fund transfers or other |
3 | | prefunding mechanisms or formulas set forth,
now or hereafter, |
4 | | in State law or bond indentures, into debt service funds or |
5 | | accounts of the State
related to such bonded obligations, |
6 | | consistent with the payment schedules associated with such
|
7 | | obligations. |
8 | | (40 ILCS 5/16-203)
|
9 | | Sec. 16-203. Application and expiration of new benefit |
10 | | increases. |
11 | | (a) As used in this Section, "new benefit increase" means |
12 | | an increase in the amount of any benefit provided under this |
13 | | Article, or an expansion of the conditions of eligibility for |
14 | | any benefit under this Article, that results from an amendment |
15 | | to this Code that takes effect after June 1, 2005 (the |
16 | | effective date of Public Act 94-4). "New benefit increase", |
17 | | however, does not include any benefit increase resulting from |
18 | | the changes made to this Article by Public Act 95-910 or this |
19 | | amendatory Act of the 98th 95th General 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. 94-4, eff. 6-1-05; 95-910, eff. 8-26-08.) |
11 | | Section A-25. The Illinois Educational Labor Relations Act |
12 | | is amended by changing Sections 4 and 17 as follows:
|
13 | | (115 ILCS 5/4) (from Ch. 48, par. 1704)
|
14 | | Sec. 4. Employer rights. Employers shall not be required to |
15 | | bargain over matters of inherent
managerial policy, which shall |
16 | | include such areas of discretion or policy
as the functions of |
17 | | the employer, standards of services, its overall
budget, the |
18 | | organizational structure and selection of new employees and
|
19 | | direction of employees. Employers, however, shall be required |
20 | | to bargain
collectively with regard to policy matters directly |
21 | | affecting wages, hours
and terms and conditions of employment |
22 | | as well as the impact thereon upon
request by employee |
23 | | representatives , but excluding the changes, the impact of |
24 | | changes, and the implementation of the changes set forth in |
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1 | | this amendatory Act of the 98th General Assembly . To preserve |
2 | | the rights of employers
and exclusive representatives which |
3 | | have established collective bargaining
relationships or |
4 | | negotiated collective bargaining agreements prior to the
|
5 | | effective date of this Act, employers shall be required to |
6 | | bargain
collectively with regard to any matter concerning |
7 | | wages, hours or
conditions of employment about which they have |
8 | | bargained for and agreed to
in a collective bargaining |
9 | | agreement prior to the effective date of this Act , but |
10 | | excluding the changes, the impact of changes, and the |
11 | | implementation of the changes set forth in this amendatory Act |
12 | | of the 98th General Assembly .
|
13 | | (Source: P.A. 83-1014.)
|
14 | | (115 ILCS 5/17) (from Ch. 48, par. 1717)
|
15 | | Sec. 17. Effect on other laws. In case of any conflict |
16 | | between the
provisions of this Act and any other law (other |
17 | | than the changes, the impact of changes, and the implementation |
18 | | of the changes made to the Illinois Pension Code by this |
19 | | amendatory Act of the 98th General Assembly) , executive order |
20 | | or administrative
regulation, the provisions of this Act shall |
21 | | prevail and control.
The provisions of this Act are subject to |
22 | | the changes made by this amendatory Act of the 98th General |
23 | | Assembly. Nothing in this Act shall be construed to replace or |
24 | | diminish the rights
of employees established by Section 36d of |
25 | | "An Act to create the State Universities
Civil Service System", |
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1 | | approved May 11, 1905, as amended or modified.
|
2 | | (Source: P.A. 83-1014.)
|
3 | | Section A-90. The State Mandates Act is amended by adding |
4 | | Section 8.37 as follows: |
5 | | (30 ILCS 805/8.37 new) |
6 | | Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8 |
7 | | of this Act, no reimbursement by the State is required for the |
8 | | implementation of any mandate created by this amendatory Act of |
9 | | the 98th General Assembly. |
10 | | Section A-97. Severability and inseverability. The changes |
11 | | made by this Part A to Acts other than the Illinois Pension |
12 | | Code are severable from the other changes made by this Act. The |
13 | | changes made by this Part A to an Article of the Illinois |
14 | | Pension Code are severable from the changes made by this Part A |
15 | | to another Article of the Illinois Pension Code. However, the |
16 | | changes made by this Part A in an Article of the Illinois |
17 | | Pension Code that relate to (i) automatic annual increases, |
18 | | (ii) employee or member contributions, (iii) State or employer |
19 | | contributions, (iv) State funding guarantees, or (v) salary, |
20 | | earnings, or compensation are mutually dependent and |
21 | | inseverable. |
22 | | PART B |
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1 | | Section B-1. The Illinois Pension Code is amended by adding |
2 | | Section 1-103.5 as follows: |
3 | | (40 ILCS 5/1-103.5 new) |
4 | | Sec. 1-103.5. Explanation of Senate Bill 1. |
5 | | (a) Part A of Senate Bill 1 is intended by the General |
6 | | Assembly as a stand-alone reform of certain Articles of this |
7 | | Code, which takes effect upon becoming law. Part B of Senate |
8 | | Bill 1 contains alternative provisions that take effect only if |
9 | | and when a corresponding portion of Part A is determined to be |
10 | | unconstitutional or otherwise invalid or unenforceable. |
11 | | (b) If one or more of the changes made in Part A to |
12 | | portions of a specific Article of the Illinois Pension Code |
13 | | that are designated as inseverable under Section 97 of Part A |
14 | | are determined to be unconstitutional or otherwise invalid by a |
15 | | final judgment of the Illinois Supreme Court or by a final |
16 | | unappealable judgment of the Illinois Appellate Court or a |
17 | | court of competent jurisdiction, then the invalid provisions of |
18 | | Part A and the provisions of Part A that are inseverable from |
19 | | those provisions shall be superseded by the Sections of Part B |
20 | | that take effect due to that invalidity. |
21 | | Section B-5. If and only if Section B-30, B-35, B-40, or |
22 | | B-45 of this Part B takes effect, then the Illinois Public |
23 | | Labor Relations Act is amended by changing Sections 4 and 15 as |
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1 | | follows: |
2 | | (5 ILCS 315/4) (from Ch. 48, par. 1604)
|
3 | | Sec. 4. Management Rights. Employers shall not be required |
4 | | to bargain
over matters of inherent managerial policy, which |
5 | | shall include such areas
of discretion or policy as the |
6 | | functions of the employer, standards of
services,
its overall |
7 | | budget, the organizational structure and selection of new
|
8 | | employees, examination techniques
and direction of employees. |
9 | | Employers, however, shall be required to bargain
collectively |
10 | | with regard to
policy matters directly affecting wages (but |
11 | | subject to any applicable restrictions in Section 14-106.5, |
12 | | 15-132.9, or 16-122.9 of the Illinois Pension Code) , hours and |
13 | | terms and conditions of employment
as well as the impact |
14 | | thereon upon request by employee representatives , but |
15 | | excluding the changes, the impact of changes, and the |
16 | | implementation of the changes set forth in this amendatory Act |
17 | | of the 98th General Assembly .
|
18 | | To preserve the rights of employers and exclusive |
19 | | representatives which
have established collective bargaining |
20 | | relationships or negotiated collective
bargaining agreements |
21 | | prior to the effective date of this Act, employers
shall be |
22 | | required to bargain collectively with regard to any matter |
23 | | concerning
wages (but subject to any applicable restrictions in |
24 | | Section 14-106.5, 15-132.9, or 16-122.9 of the Illinois Pension |
25 | | Code) , hours or conditions of employment about which they have |
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1 | | bargained
for and agreed to in a collective bargaining |
2 | | agreement
prior to the effective date of this Act , but |
3 | | excluding the changes, the impact of changes, and the |
4 | | implementation of the changes set forth in this amendatory Act |
5 | | of the 98th General Assembly .
|
6 | | The chief judge of the judicial circuit that employs a |
7 | | public employee who
is
a court reporter, as defined in the |
8 | | Court Reporters Act, has the authority to
hire, appoint, |
9 | | promote, evaluate, discipline, and discharge court reporters
|
10 | | within that judicial circuit.
|
11 | | Nothing in this amendatory Act of the 94th General Assembly |
12 | | shall
be construed to intrude upon the judicial functions of |
13 | | any court. This
amendatory Act of the 94th General Assembly |
14 | | applies only to nonjudicial
administrative matters relating to |
15 | | the collective bargaining rights of court
reporters.
|
16 | | (Source: P.A. 94-98, eff. 7-1-05.)
|
17 | | (5 ILCS 315/15) (from Ch. 48, par. 1615)
|
18 | | Sec. 15. Act Takes Precedence. |
19 | | (a) In case of any conflict between the
provisions of this |
20 | | Act and any other law (other than Section 5 of the State |
21 | | Employees Group Insurance Act of 1971 and other than the |
22 | | changes made to the Illinois Pension Code by Public Act 96-889 |
23 | | and the changes, impact of changes, and the implementation of |
24 | | the changes made to the Illinois Pension Code and the State |
25 | | Employees Group Insurance Act of 1971 by this amendatory Act of |
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1 | | the 98th 96th General Assembly), executive order or |
2 | | administrative
regulation relating to wages, hours and |
3 | | conditions of employment and employment
relations, the |
4 | | provisions of this Act or any collective bargaining agreement
|
5 | | negotiated thereunder shall prevail and control.
Nothing in |
6 | | this Act shall be construed to replace or diminish the
rights |
7 | | of employees established by Sections 28 and 28a of the |
8 | | Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 |
9 | | of the Regional Transportation
Authority Act. The provisions of |
10 | | this Act are subject to the changes made by this amendatory Act |
11 | | of the 98th General Assembly, including Sections 14-106.5, |
12 | | 15-132.9, and 16-122.9 of the Illinois Pension Code, and |
13 | | Section 5 of the State Employees Group Insurance Act of 1971. |
14 | | Nothing in this Act shall be construed to replace the necessity |
15 | | of complaints against a sworn peace officer, as defined in |
16 | | Section 2(a) of the Uniform Peace Officer Disciplinary Act, |
17 | | from having a complaint supported by a sworn affidavit.
|
18 | | (b) Except as provided in subsection (a) above, any |
19 | | collective bargaining
contract between a public employer and a |
20 | | labor organization executed pursuant
to this Act shall |
21 | | supersede any contrary statutes, charters, ordinances, rules
|
22 | | or regulations relating to wages, hours and conditions of |
23 | | employment and
employment relations adopted by the public |
24 | | employer or its agents. Any collective
bargaining agreement |
25 | | entered into prior to the effective date of this Act
shall |
26 | | remain in full force during its duration.
|
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1 | | (c) It is the public policy of this State, pursuant to |
2 | | paragraphs (h)
and (i) of Section 6 of Article VII of the |
3 | | Illinois Constitution, that the
provisions of this Act are the |
4 | | exclusive exercise by the State of powers
and functions which |
5 | | might otherwise be exercised by home rule units. Such
powers |
6 | | and functions may not be exercised concurrently, either |
7 | | directly
or indirectly, by any unit of local government, |
8 | | including any home rule
unit, except as otherwise authorized by |
9 | | this Act.
|
10 | | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11 .)
|
11 | | Section B-10. If and only if any of the changes made by |
12 | | Part A of this Act to provisions in Article 15 of the Illinois |
13 | | Pension Code concerning (i) automatic annual increases, (ii) |
14 | | employee or member contributions, (iii) State or employer |
15 | | contributions, (iv) State funding guarantees, or (v) salary, |
16 | | earnings, or compensation is declared to be unconstitutional or |
17 | | otherwise invalid, then the State Employees Group Insurance Act |
18 | | of 1971 is amended by changing Sections 6.9 and 6.10 and by |
19 | | adding 6.10A as follows:
|
20 | | (5 ILCS 375/6.9)
|
21 | | Sec. 6.9.
Health benefits for community college benefit |
22 | | recipients and
community college dependent beneficiaries.
|
23 | | (a) Purpose. It is the purpose of this amendatory Act of |
24 | | 1997 to establish
a uniform program of health benefits for |
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1 | | community college benefit recipients
and their dependent |
2 | | beneficiaries under the administration of the Department of
|
3 | | Central Management Services.
|
4 | | (b) Creation of program. Beginning July 1, 1999, the |
5 | | Department of
Central Management Services shall be responsible |
6 | | for administering a program of
health benefits for community |
7 | | college benefit recipients and community college
dependent |
8 | | beneficiaries under this Section. The State Universities |
9 | | Retirement
System and the boards of trustees of the various |
10 | | community college districts
shall cooperate with the |
11 | | Department in this endeavor.
|
12 | | (c) Eligibility. All community college benefit recipients |
13 | | and community
college dependent beneficiaries shall be |
14 | | eligible to participate in the program
established under this |
15 | | Section, without any interruption or delay in coverage
or |
16 | | limitation as to pre-existing medical conditions. Eligibility |
17 | | to
participate shall be determined by the State Universities |
18 | | Retirement System.
Eligibility information shall be |
19 | | communicated to the Department of Central
Management Services |
20 | | in a format acceptable to the Department.
|
21 | | (d) Coverage. The health benefit coverage provided under |
22 | | this Section
shall be a program of health, dental, and vision |
23 | | benefits.
|
24 | | The program of health benefits under this Section may |
25 | | include any or all of
the benefit limitations, including but |
26 | | not limited to a reduction in benefits
based on eligibility for |
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1 | | federal medicare benefits, that are provided under
subsection |
2 | | (a) of Section 6 of this Act for other health benefit programs |
3 | | under
this Act.
|
4 | | (e) Insurance rates and premiums. The Director shall |
5 | | determine the
insurance rates and premiums for community |
6 | | college benefit recipients and
community college dependent |
7 | | beneficiaries. Rates and premiums may be based
in part on age |
8 | | and eligibility for federal Medicare coverage.
The Director |
9 | | shall also determine premiums that will allow for the
|
10 | | establishment of an actuarially sound reserve for this program.
|
11 | | The cost of health benefits under the program shall be paid |
12 | | as follows:
|
13 | | (1) For a community college benefit recipient, costs |
14 | | shall be an amount equal to the difference between the |
15 | | projected costs of health benefits under the program and |
16 | | projected contributions from community college districts, |
17 | | active contributors, and other income of the program. Other |
18 | | income of the program shall exclude contributions made by |
19 | | the State to retire unpaid claims of the program up to 75% |
20 | | of the total
insurance rate shall be paid from the |
21 | | Community College Health Insurance
Securi |