Illinois General Assembly - Full Text of HB2993
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Full Text of HB2993  98th General Assembly


Rep. Elaine Nekritz

Filed: 3/19/2013





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2    AMENDMENT NO. ______. Amend House Bill 2993 on page 1, in
3line 7, by changing "15-163, 15-168,", to "15-168, 15-169,";
5on page 1, in line 8, by changing "and 15-177" to "15-177, and
616-152"; and
7on page 1, in line 9, by changing "and 15-177.1" to "15-177.1,
8and 16-106.6"; and
9on page 22, in line 1, after "Rule 1.", by inserting "A Tier 2
10member is eligible for a retirement annuity calculated under
11Rule 4 only if that Tier 2 member meets the service
12requirements for that benefit calculation as prescribed under
13this Rule 4 in addition to the applicable age requirement under
14subsection (a-5) of Section 15-135."; and



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1on page 77, by deleting lines 6 through 15; and
2on page 77, below line 23, by inserting the following:
3    "(40 ILCS 5/15-169)  (from Ch. 108 1/2, par. 15-169)
4    Sec. 15-169. To elect officers and appoint employees. To
5elect officers; to appoint a secretary and treasurer; to have a
6seal; to employ and fix the rate of pay of such actuarial,
7legal, or medical services, or corporate trustee organized
8under the laws of this State with a capital of not less than
9$1,000,000, or investment counsel and other persons as shall be
10required for the efficient administration of the system. All
11actions brought by or against the board shall be prosecuted or
12defended by the Attorney General or by other counsel, as the
13board may decide.
14(Source: P.A. 83-1440.)"; and
15on page 79, below line 13, by inserting the following:
16    "(40 ILCS 5/16-106.6 new)
17    Sec. 16-106.6. Teacher certification. For purposes of this
18Article, a teacher shall be deemed to be certificated if he or
19she is required to be licensed by the Illinois State Board of
21    (40 ILCS 5/16-152)  (from Ch. 108 1/2, par. 16-152)



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1    Sec. 16-152. Contributions by members.
2    (a) Each member shall make contributions for membership
3service to this System as follows:
4        (1) Effective July 1, 1998, contributions of 7.50% of
5    salary towards the cost of the retirement annuity. Such
6    contributions shall be deemed "normal contributions".
7        (2) Effective July 1, 1969, contributions of 1/2 of 1%
8    of salary toward the cost of the automatic annual increase
9    in retirement annuity provided under Section 16-133.1.
10        (3) Effective July 24, 1959, contributions of 1% of
11    salary towards the cost of survivor benefits. Such
12    contributions shall not be credited to the individual
13    account of the member and shall not be subject to refund
14    except as provided under Section 16-143.2.
15        (4) Effective July 1, 2005, contributions of 0.40% of
16    salary toward the cost of the early retirement without
17    discount option provided under Section 16-133.2. This
18    contribution shall cease upon termination of the early
19    retirement without discount option as provided in Section
20    16-176.
21    (b) The minimum required contribution for any year of
22full-time teaching service shall be $192.
23    (c) Contributions shall not be required of any annuitant
24receiving a retirement annuity who is given employment as
25permitted under Section 16-118 or 16-150.1.
26    (d) A person who (i) was a member before July 1, 1998, (ii)



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1retires with more than 34 years of creditable service, and
2(iii) does not elect to qualify for the augmented rate under
3Section 16-129.1 shall be entitled, at the time of retirement,
4to receive a partial refund of contributions made under this
5Section for service occurring after the later of June 30, 1998
6or attainment of 34 years of creditable service, in an amount
7equal to 1.00% of the salary upon which those contributions
8were based.
9    (e) A member's contributions toward the cost of early
10retirement without discount made under item (a)(4) of this
11Section shall not be refunded if the member has elected early
12retirement without discount under Section 16-133.2 and has
13begun to receive a retirement annuity under this Article
14calculated in accordance with that election. Otherwise, a
15member's contributions toward the cost of early retirement
16without discount made under item (a)(4) of this Section shall
17be refunded according to whichever one of the following
18circumstances occurs first:
19        (1) The contributions shall be refunded to the member,
20    without interest, within 120 days after the member's
21    retirement annuity commences, if the member does not elect
22    early retirement without discount under Section 16-133.2.
23        (2) The contributions shall be included, without
24    interest, in any refund claimed by the member under Section
25    16-151.
26        (3) The contributions shall be refunded to the member's



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1    designated beneficiary (or if there is no beneficiary, to
2    the member's estate), without interest, if the member dies
3    without having begun to receive a retirement annuity under
4    this Article.
5        (4) The contributions shall be refunded to the member,
6    without interest, if within 120 days after the early
7    retirement without discount option provided under Section
8    16-133.2 is terminated under Section 16-176. In that event,
9    the System shall provide to the member, within 120 days
10    after the option is terminated, an application for a refund
11    of those contributions.
12(Source: P.A. 93-320, eff. 7-23-03; 94-4, eff. 6-1-05.)".