Illinois General Assembly - Full Text of SB3810
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Full Text of SB3810  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/14/2020, by Sen. Robert F. Martwick


40 ILCS 5/15-134.1  from Ch. 108 1/2, par. 15-134.1
40 ILCS 5/15-198

    Amends the State Universities Article of the Illinois Pension Code. Provides that in computing service, one month of service means a calendar month during which a participant qualifies as an employee for at least 12 (instead of 15) or more days and receives any earnings as an employee. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase".

LRB101 20716 RPS 70389 b






SB3810LRB101 20716 RPS 70389 b

1    AN ACT concerning public employee benefits.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 15-134.1 and 15-198 as follows:
6    (40 ILCS 5/15-134.1)  (from Ch. 108 1/2, par. 15-134.1)
7    Sec. 15-134.1. Service calculation and adjustment.
8    (a) In computing service, the following schedule shall
9govern: one month of service means a calendar month during
10which a participant (i) qualifies as an employee under Section
1115-107 for at least 12 15 or more days, and (ii) receives any
12earnings as an employee; 8 or more months of service during an
13academic year shall constitute a year of service; 6 or more but
14less than 8 months of service during an academic year shall
15constitute 3/4 of a year of service; 3 or more but less than 6
16months of service during an academic year shall constitute 1/2
17of a year of service; and one or more but less than 3 months of
18service during an academic year shall constitute 1/4 of a year
19of service. No more than one year of service may be granted per
20academic year, regardless of the number of hours or percentage
21of time worked.
22    (b) In calculating a retirement annuity, if a participant
23has been employed at 1/2 time or less for 3 or more years after



SB3810- 2 -LRB101 20716 RPS 70389 b

1September 1, 1959, service shall be granted for such employment
2in excess of 3 years, in the proportion that the percentage of
3time employed for each such year of employment bears to the
4average annual percentage of time employed during the period on
5which the final rate of earnings is based. This adjustment
6shall not be made, however, in determining the eligibility for
7a retirement annuity, disability benefits, additional death
8benefits, or survivors' insurance. The percentage of time
9employed shall be as reported by the employer.
10(Source: P.A. 87-8.)
11    (40 ILCS 5/15-198)
12    Sec. 15-198. Application and expiration of new benefit
14    (a) As used in this Section, "new benefit increase" means
15an increase in the amount of any benefit provided under this
16Article, or an expansion of the conditions of eligibility for
17any benefit under this Article, that results from an amendment
18to this Code that takes effect after June 1, 2005 (the
19effective date of Public Act 94-4). "New benefit increase",
20however, does not include any benefit increase resulting from
21the changes made to Article 1 or this Article by Public Act
22100-23, Public Act 100-587, Public Act 100-769, Public Act
23101-10, Public Act 101-610, or this amendatory Act of the 101st
24General Assembly or this amendatory Act of the 101st General



SB3810- 3 -LRB101 20716 RPS 70389 b

1    (b) Notwithstanding any other provision of this Code or any
2subsequent amendment to this Code, every new benefit increase
3is subject to this Section and shall be deemed to be granted
4only in conformance with and contingent upon compliance with
5the provisions of this Section.
6    (c) The Public Act enacting a new benefit increase must
7identify and provide for payment to the System of additional
8funding at least sufficient to fund the resulting annual
9increase in cost to the System as it accrues.
10    Every new benefit increase is contingent upon the General
11Assembly providing the additional funding required under this
12subsection. The Commission on Government Forecasting and
13Accountability shall analyze whether adequate additional
14funding has been provided for the new benefit increase and
15shall report its analysis to the Public Pension Division of the
16Department of Insurance. A new benefit increase created by a
17Public Act that does not include the additional funding
18required under this subsection is null and void. If the Public
19Pension Division determines that the additional funding
20provided for a new benefit increase under this subsection is or
21has become inadequate, it may so certify to the Governor and
22the State Comptroller and, in the absence of corrective action
23by the General Assembly, the new benefit increase shall expire
24at the end of the fiscal year in which the certification is
26    (d) Every new benefit increase shall expire 5 years after



SB3810- 4 -LRB101 20716 RPS 70389 b

1its effective date or on such earlier date as may be specified
2in the language enacting the new benefit increase or provided
3under subsection (c). This does not prevent the General
4Assembly from extending or re-creating a new benefit increase
5by law.
6    (e) Except as otherwise provided in the language creating
7the new benefit increase, a new benefit increase that expires
8under this Section continues to apply to persons who applied
9and qualified for the affected benefit while the new benefit
10increase was in effect and to the affected beneficiaries and
11alternate payees of such persons, but does not apply to any
12other person, including, without limitation, a person who
13continues in service after the expiration date and did not
14apply and qualify for the affected benefit while the new
15benefit increase was in effect.
16(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
17100-769, eff. 8-10-18; 101-10, eff. 6-5-19; 101-81, eff.
187-12-19; 101-610, eff. 1-1-20.)