093_HB0379

 
                                     LRB093 03968 EFG 04007 b

 1        AN ACT in relation to public employee benefits.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Pension  Code  is  amended by
 5    changing Section 6-128 as follows:

 6        (40 ILCS 5/6-128) (from Ch. 108 1/2, par. 6-128)
 7        Sec. 6-128. (a) A future  entrant  who  withdraws  on  or
 8    after  July  21,  1959, after completing at least 23 years of
 9    service, and for whom the annuity otherwise provided in  this
10    Article is less than that stated in this Section, has a right
11    to receive annuity as follows:
12        If  he is age 53 or more on withdrawal, his annuity after
13    withdrawal, shall be equal  to  50%  of  his  average  salary
14    determined  by  striking  an average of 4 consecutive highest
15    years  of  salary  within  the  last  10  years  of   service
16    immediately preceding the date of withdrawal.
17        An employee who reaches compulsory retirement age and who
18    has  less  than  23  years  of service shall be entitled to a
19    minimum annuity equal to an amount determined by the  product
20    of  (1) his years of service and (2) 2% of his average salary
21    for the 4 consecutive highest years of salary within the last
22    10  years  of  service  immediately  prior  to  his  reaching
23    compulsory retirement age.
24        An employee who remains in service after  qualifying  for
25    annuity  under  this Section shall have added to this annuity
26    an additional 1% of average salary for each completed year of
27    service or fraction thereof rendered until July 21, 1959, and
28    an additional 1% for a total of 2%  of  average  salary  from
29    July  21,  1959.   Each  future  entrant who has completed 23
30    years of service before reaching age 53 shall have  added  to
31    this  annuity 1% of average salary for each completed year of
 
                            -2-      LRB093 03968 EFG 04007 b
 1    service or fraction thereof in excess of 23 years up  to  age
 2    53.  "Salary"  as  referred  to  in  this  paragraph shall be
 3    determined by  striking  an  average  of  the  4  consecutive
 4    highest  years  of salary within the last 10 years of service
 5    immediately preceding withdrawal.
 6        (b)  In lieu of the annuity  provided  in  the  foregoing
 7    provisions  of  this Section any future entrant who withdraws
 8    from the service either (i) after December 31, 1983  with  at
 9    least  22  years of service credit and having attained age 52
10    in the service, or (ii) after December 31, 1984 with at least
11    21 years of service credit and having attained age 51 in  the
12    service,  or  (iii)  after December 31, 1985 with at least 20
13    years of service credit and having attained  age  50  in  the
14    service,  or  (iv)  after  December 31, 1990 with at least 20
15    years of service regardless of age, may elect to  receive  an
16    annuity,  to begin not earlier than upon attainment of age 50
17    if under that age at withdrawal,  computed  as  follows:   an
18    annuity  equal to 50% of the average salary for the 4 highest
19    consecutive years of the  last  10  years  of  service,  plus
20    additional  annuity  equal  to  2% of such average salary for
21    each completed year of service or fraction  thereof  rendered
22    after  his  completion  of  the  minimum  number  of years of
23    service required for him to be eligible under this subsection
24    (b).  However, the annuity provided under this subsection (b)
25    may not exceed 75% of such average salary.
26        (c)  In  lieu  of  the  annuity  provided  in  any  other
27    provision of this Section, a  future  entrant  who  withdraws
28    from  service after the effective date of this amendatory Act
29    of the 93rd General  Assembly  with  at  least  20  years  of
30    service  may elect to receive an annuity, to begin no earlier
31    than  upon  attainment  of  age  50  if  under  that  age  at
32    withdrawal, equal to 50%  of  average  salary  plus  2.5%  of
33    average salary for each completed year of service or fraction
34    thereof over 20, but not to exceed 75% of average salary.
 
                            -3-      LRB093 03968 EFG 04007 b
 1        (d)  For  the  purpose  of this Section, "average salary"
 2    means the average of  the  highest  4  consecutive  years  of
 3    salary within the last 10 years of service.
 4    (Source: P.A. 86-1488.)

 5        Section  90.  The State Mandates Act is amended by adding
 6    Section 8.27 as follows:

 7        (30 ILCS 805/8.27 new)
 8        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
 9    and  8 of this Act, no reimbursement by the State is required
10    for  the  implementation  of  any  mandate  created  by  this
11    amendatory Act of the 93rd General Assembly.

12        Section 99. Effective date.  This Act takes  effect  upon
13    becoming law.