Full Text of SB1300 101st General Assembly
SB1300ham001 101ST GENERAL ASSEMBLY | Rep. Robert Martwick Filed: 5/30/2019
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| 1 | | AMENDMENT TO SENATE BILL 1300
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1300 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 1-160, 4-109, 7-159, 14-103.05, 14-110, | 6 | | 14-147.5, 14-147.6, 14-152.1, 15-120, 15-135, 15-136, 15-159, | 7 | | 15-185.5, 15-185.6, 15-198, 16-163, 16-190.5, 16-190.6, | 8 | | 16-203, 17-105.1, 17-106, and 17-132 and by adding Sections | 9 | | 1-167, 3-111.5, and 17-134.2 as follows:
| 10 | | (40 ILCS 5/1-160)
| 11 | | Sec. 1-160. Provisions applicable to new hires. | 12 | | (a) The provisions of this Section apply to a person who, | 13 | | on or after January 1, 2011, first becomes a member or a | 14 | | participant under any reciprocal retirement system or pension | 15 | | fund established under this Code, other than a retirement | 16 | | system or pension fund established under Article 2, 3, 4, 5, 6, |
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| 1 | | 15 or 18 of this Code, notwithstanding any other provision of | 2 | | this Code to the contrary, but do not apply to any self-managed | 3 | | plan established under this Code, to any person with respect to | 4 | | service as a sheriff's law enforcement employee under Article | 5 | | 7, or to any participant of the retirement plan established | 6 | | under Section 22-101. Notwithstanding anything to the contrary | 7 | | in this Section, for purposes of this Section, a person who | 8 | | participated in a retirement system under Article 15 prior to | 9 | | January 1, 2011 shall be deemed a person who first became a | 10 | | member or participant prior to January 1, 2011 under any | 11 | | retirement system or pension fund subject to this Section. The | 12 | | changes made to this Section by Public Act 98-596 are a | 13 | | clarification of existing law and are intended to be | 14 | | retroactive to January 1, 2011 (the effective date of Public | 15 | | Act 96-889), notwithstanding the provisions of Section 1-103.1 | 16 | | of this Code. | 17 | | This Section does not apply to a person who first becomes a | 18 | | noncovered employee under Article 14 on or after the | 19 | | implementation date of the plan created under Section 1-161 for | 20 | | that Article, unless that person elects under subsection (b) of | 21 | | Section 1-161 to instead receive the benefits provided under | 22 | | this Section and the applicable provisions of that Article. | 23 | | This Section does not apply to a person who first becomes a | 24 | | member or participant under Article 16 on or after the | 25 | | implementation date of the plan created under Section 1-161 for | 26 | | that Article, unless that person elects under subsection (b) of |
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| 1 | | Section 1-161 to instead receive the benefits provided under | 2 | | this Section and the applicable provisions of that Article. | 3 | | This Section does not apply to a person who elects under | 4 | | subsection (c-5) of Section 1-161 to receive the benefits under | 5 | | Section 1-161. | 6 | | This Section does not apply to a person who first becomes a | 7 | | member or participant of an affected pension fund on or after 6 | 8 | | months after the resolution or ordinance date, as defined in | 9 | | Section 1-162, unless that person elects under subsection (c) | 10 | | of Section 1-162 to receive the benefits provided under this | 11 | | Section and the applicable provisions of the Article under | 12 | | which he or she is a member or participant. | 13 | | (b) "Final average salary" means the average monthly (or | 14 | | annual) salary obtained by dividing the total salary or | 15 | | earnings calculated under the Article applicable to the member | 16 | | or participant during the 96 consecutive months (or 8 | 17 | | consecutive years) of service within the last 120 months (or 10 | 18 | | years) of service in which the total salary or earnings | 19 | | calculated under the applicable Article was the highest by the | 20 | | number of months (or years) of service in that period. For the | 21 | | purposes of a person who first becomes a member or participant | 22 | | of any retirement system or pension fund to which this Section | 23 | | applies on or after January 1, 2011, in this Code, "final | 24 | | average salary" shall be substituted for the following: | 25 | | (1) In Article 7 (except for service as sheriff's law | 26 | | enforcement employees), "final rate of earnings". |
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| 1 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 2 | | annual salary for any 4 consecutive years within the last | 3 | | 10 years of service immediately preceding the date of | 4 | | withdrawal". | 5 | | (3) In Article 13, "average final salary". | 6 | | (4) In Article 14, "final average compensation". | 7 | | (5) In Article 17, "average salary". | 8 | | (6) In Section 22-207, "wages or salary received by him | 9 | | at the date of retirement or discharge". | 10 | | (b-5) Beginning on January 1, 2011, for all purposes under | 11 | | this Code (including without limitation the calculation of | 12 | | benefits and employee contributions), the annual earnings, | 13 | | salary, or wages (based on the plan year) of a member or | 14 | | participant to whom this Section applies shall not exceed | 15 | | $106,800; however, that amount shall annually thereafter be | 16 | | increased by the lesser of (i) 3% of that amount, including all | 17 | | previous adjustments, or (ii) one-half the annual unadjusted | 18 | | percentage increase (but not less than zero) in the consumer | 19 | | price index-u
for the 12 months ending with the September | 20 | | preceding each November 1, including all previous adjustments. | 21 | | For the purposes of this Section, "consumer price index-u" | 22 | | means
the index published by the Bureau of Labor Statistics of | 23 | | the United States
Department of Labor that measures the average | 24 | | change in prices of goods and
services purchased by all urban | 25 | | consumers, United States city average, all
items, 1982-84 = | 26 | | 100. The new amount resulting from each annual adjustment
shall |
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| 1 | | be determined by the Public Pension Division of the Department | 2 | | of Insurance and made available to the boards of the retirement | 3 | | systems and pension funds by November 1 of each year. | 4 | | (c) A member or participant is entitled to a retirement
| 5 | | annuity upon written application if he or she has attained age | 6 | | 67 (beginning January 1, 2015, age 65 with respect to service | 7 | | under Article 12 of this Code that is subject to this Section) | 8 | | and has at least 10 years of service credit and is otherwise | 9 | | eligible under the requirements of the applicable Article. | 10 | | A member or participant who has attained age 62 (beginning | 11 | | January 1, 2015, age 60 with respect to service under Article | 12 | | 12 of this Code that is subject to this Section) and has at | 13 | | least 10 years of service credit and is otherwise eligible | 14 | | under the requirements of the applicable Article may elect to | 15 | | receive the lower retirement annuity provided
in subsection (d) | 16 | | of this Section. | 17 | | (c-5) A person who first becomes a member or a participant | 18 | | subject to this Section on or after July 6, 2017 (the effective | 19 | | date of Public Act 100-23), notwithstanding any other provision | 20 | | of this Code to the contrary, is entitled to a retirement | 21 | | annuity under Article 8 or Article 11 upon written application | 22 | | if he or she has attained age 65 and has at least 10 years of | 23 | | service credit and is otherwise eligible under the requirements | 24 | | of Article 8 or Article 11 of this Code, whichever is | 25 | | applicable. | 26 | | (d) The retirement annuity of a member or participant who |
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| 1 | | is retiring after attaining age 62 (beginning January 1, 2015, | 2 | | age 60 with respect to service under Article 12 of this Code | 3 | | that is subject to this Section) with at least 10 years of | 4 | | service credit shall be reduced by one-half
of 1% for each full | 5 | | month that the member's age is under age 67 (beginning January | 6 | | 1, 2015, age 65 with respect to service under Article 12 of | 7 | | this Code that is subject to this Section). | 8 | | (d-5) The retirement annuity payable under Article 8 or | 9 | | Article 11 to an eligible person subject to subsection (c-5) of | 10 | | this Section who is retiring at age 60 with at least 10 years | 11 | | of service credit shall be reduced by one-half of 1% for each | 12 | | full month that the member's age is under age 65. | 13 | | (d-10) Each person who first became a member or participant | 14 | | under Article 8 or Article 11 of this Code on or after January | 15 | | 1, 2011 and prior to the effective date of this amendatory Act | 16 | | of the 100th General Assembly shall make an irrevocable | 17 | | election either: | 18 | | (i) to be eligible for the reduced retirement age | 19 | | provided in subsections (c-5)
and (d-5) of this Section, | 20 | | the eligibility for which is conditioned upon the member or | 21 | | participant agreeing to the increases in employee | 22 | | contributions for age and service annuities provided in | 23 | | subsection (a-5) of Section 8-174 of this Code (for service | 24 | | under Article 8) or subsection (a-5) of Section 11-170 of | 25 | | this Code (for service under Article 11); or | 26 | | (ii) to not agree to item (i) of this subsection |
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| 1 | | (d-10), in which case the member or participant shall | 2 | | continue to be subject to the retirement age provisions in | 3 | | subsections (c) and (d) of this Section and the employee | 4 | | contributions for age and service annuity as provided in | 5 | | subsection (a) of Section 8-174 of this Code (for service | 6 | | under Article 8) or subsection (a) of Section 11-170 of | 7 | | this Code (for service under Article 11). | 8 | | The election provided for in this subsection shall be made | 9 | | between October 1, 2017 and November 15, 2017. A person subject | 10 | | to this subsection who makes the required election shall remain | 11 | | bound by that election. A person subject to this subsection who | 12 | | fails for any reason to make the required election within the | 13 | | time specified in this subsection shall be deemed to have made | 14 | | the election under item (ii). | 15 | | (e) Any retirement annuity or supplemental annuity shall be | 16 | | subject to annual increases on the January 1 occurring either | 17 | | on or after the attainment of age 67 (beginning January 1, | 18 | | 2015, age 65 with respect to service under Article 12 of this | 19 | | Code that is subject to this Section and beginning on the | 20 | | effective date of this amendatory Act of the 100th General | 21 | | Assembly, age 65 with respect to service under Article 8 or | 22 | | Article 11 for eligible persons who: (i) are subject to | 23 | | subsection (c-5) of this Section; or (ii) made the election | 24 | | under item (i) of subsection (d-10) of this Section) or the | 25 | | first anniversary of the annuity start date, whichever is | 26 | | later. Each annual increase shall be calculated at 3% or |
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| 1 | | one-half the annual unadjusted percentage increase (but not | 2 | | less than zero) in the consumer price index-u for the 12 months | 3 | | ending with the September preceding each November 1, whichever | 4 | | is less, of the originally granted retirement annuity. If the | 5 | | annual unadjusted percentage change in the consumer price | 6 | | index-u for the 12 months ending with the September preceding | 7 | | each November 1 is zero or there is a decrease, then the | 8 | | annuity shall not be increased. | 9 | | For the purposes of Section 1-103.1 of this Code, the | 10 | | changes made to this Section by this amendatory Act of the | 11 | | 100th General Assembly are applicable without regard to whether | 12 | | the employee was in active service on or after the effective | 13 | | date of this amendatory Act of the 100th General Assembly. | 14 | | (f) The initial survivor's or widow's annuity of an | 15 | | otherwise eligible survivor or widow of a retired member or | 16 | | participant who first became a member or participant on or | 17 | | after January 1, 2011 shall be in the amount of 66 2/3% of the | 18 | | retired member's or participant's retirement annuity at the | 19 | | date of death. In the case of the death of a member or | 20 | | participant who has not retired and who first became a member | 21 | | or participant on or after January 1, 2011, eligibility for a | 22 | | survivor's or widow's annuity shall be determined by the | 23 | | applicable Article of this Code. The initial benefit shall be | 24 | | 66 2/3% of the earned annuity without a reduction due to age. A | 25 | | child's annuity of an otherwise eligible child shall be in the | 26 | | amount prescribed under each Article if applicable. Any |
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| 1 | | survivor's or widow's annuity shall be increased (1) on each | 2 | | January 1 occurring on or after the commencement of the annuity | 3 | | if
the deceased member died while receiving a retirement | 4 | | annuity or (2) in
other cases, on each January 1 occurring | 5 | | after the first anniversary
of the commencement of the annuity. | 6 | | Each annual increase shall be calculated at 3% or one-half the | 7 | | annual unadjusted percentage increase (but not less than zero) | 8 | | in the consumer price index-u for the 12 months ending with the | 9 | | September preceding each November 1, whichever is less, of the | 10 | | originally granted survivor's annuity. If the annual | 11 | | unadjusted percentage change in the consumer price index-u for | 12 | | the 12 months ending with the September preceding each November | 13 | | 1 is zero or there is a decrease, then the annuity shall not be | 14 | | increased. | 15 | | (g) The benefits in Section 14-110 apply only if the person | 16 | | is a State policeman, a fire fighter in the fire protection | 17 | | service of a department, a conservation police officer, an | 18 | | investigator for the Secretary of State, an arson investigator, | 19 | | a Commerce Commission police officer, a security employee of | 20 | | the Department of Corrections or the Department of Juvenile | 21 | | Justice, or a security employee of the Department of Innovation | 22 | | and Technology, as those terms are defined in subsection (b) | 23 | | and subsection (c) of Section 14-110. A person who meets the | 24 | | requirements of this Section is entitled to an annuity | 25 | | calculated under the provisions of Section 14-110, in lieu of | 26 | | the regular or minimum retirement annuity, only if the person |
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| 1 | | has withdrawn from service with not less than 20
years of | 2 | | eligible creditable service and has attained age 60, regardless | 3 | | of whether
the attainment of age 60 occurs while the person is
| 4 | | still in service. | 5 | | (h) If a person who first becomes a member or a participant | 6 | | of a retirement system or pension fund subject to this Section | 7 | | on or after January 1, 2011 is receiving a retirement annuity | 8 | | or retirement pension under that system or fund and becomes a | 9 | | member or participant under any other system or fund created by | 10 | | this Code and is employed on a full-time basis, except for | 11 | | those members or participants exempted from the provisions of | 12 | | this Section under subsection (a) of this Section, then the | 13 | | person's retirement annuity or retirement pension under that | 14 | | system or fund shall be suspended during that employment. Upon | 15 | | termination of that employment, the person's retirement | 16 | | annuity or retirement pension payments shall resume and be | 17 | | recalculated if recalculation is provided for under the | 18 | | applicable Article of this Code. | 19 | | If a person who first becomes a member of a retirement | 20 | | system or pension fund subject to this Section on or after | 21 | | January 1, 2012 and is receiving a retirement annuity or | 22 | | retirement pension under that system or fund and accepts on a | 23 | | contractual basis a position to provide services to a | 24 | | governmental entity from which he or she has retired, then that | 25 | | person's annuity or retirement pension earned as an active | 26 | | employee of the employer shall be suspended during that |
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| 1 | | contractual service. A person receiving an annuity or | 2 | | retirement pension under this Code shall notify the pension | 3 | | fund or retirement system from which he or she is receiving an | 4 | | annuity or retirement pension, as well as his or her | 5 | | contractual employer, of his or her retirement status before | 6 | | accepting contractual employment. A person who fails to submit | 7 | | such notification shall be guilty of a Class A misdemeanor and | 8 | | required to pay a fine of $1,000. Upon termination of that | 9 | | contractual employment, the person's retirement annuity or | 10 | | retirement pension payments shall resume and, if appropriate, | 11 | | be recalculated under the applicable provisions of this Code. | 12 | | (i) (Blank). | 13 | | (j) In the case of a conflict between the provisions of | 14 | | this Section and any other provision of this Code, the | 15 | | provisions of this Section shall control.
| 16 | | (Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17; | 17 | | 100-563, eff. 12-8-17; 100-611, eff. 7-20-18; 100-1166, eff. | 18 | | 1-4-19.) | 19 | | (40 ILCS 5/1-167 new) | 20 | | Sec. 1-167. Accelerated pension benefit payment options | 21 | | report. On or before December 1, 2019, each board of trustees | 22 | | of a retirement system created under Article 14, 15, or 16 | 23 | | shall create a report concerning accelerated pension benefit | 24 | | payment options and submit the report to the Governor and the | 25 | | General Assembly. Each retirement system shall survey its Tier |
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| 1 | | 1 members to determine whether such members have interest in | 2 | | existing accelerated pension benefit payment options or | 3 | | different accelerated pension benefit payment options. The | 4 | | report shall include data related to member participation in | 5 | | existing accelerated pension benefit payment options and shall | 6 | | include data related to the results of member surveys on | 7 | | accelerated pension benefit payment options. The report shall | 8 | | also include an examination of existing accelerated pension | 9 | | benefit payments offered in other states in the public sector. | 10 | | (40 ILCS 5/3-111.5 new) | 11 | | Sec. 3-111.5. Membership date; previous IMRF service with | 12 | | the same municipality. A police officer who previously | 13 | | participated in the Illinois Municipal Retirement Fund (IMRF) | 14 | | for service as a member of the police department of a | 15 | | municipality and was transferred to that municipality's police | 16 | | pension fund upon its creation under this Article shall, for | 17 | | the purposes of determining the applicable tier of benefits | 18 | | under this Article, be deemed to have become a police officer | 19 | | and member of that municipality's police pension fund on the | 20 | | date that he or she first participated in IMRF as a member of | 21 | | the police department of that municipality, notwithstanding | 22 | | whether that start date was before January 1, 2011.
| 23 | | (40 ILCS 5/4-109) (from Ch. 108 1/2, par. 4-109)
| 24 | | Sec. 4-109. Pension.
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| 1 | | (a) A firefighter age 50 or more with 20 or more years of | 2 | | creditable
service, who is no longer in service as a | 3 | | firefighter, shall receive a monthly
pension of 1/2 the monthly | 4 | | salary attached to the rank held by him or her in
the fire | 5 | | service at the date of retirement.
| 6 | | The monthly pension shall be increased by 1/12 of 2.5% of | 7 | | such
monthly salary for each additional month over 20 years of | 8 | | service through 30
years of service, to a maximum of 75% of | 9 | | such monthly salary.
| 10 | | The changes made to this subsection (a) by this amendatory | 11 | | Act of the
91st General Assembly apply to all pensions that | 12 | | become payable under this
subsection on or after January 1, | 13 | | 1999. All pensions payable under this
subsection that began on | 14 | | or after January 1, 1999 and before the effective date
of this | 15 | | amendatory Act shall be recalculated, and the amount of the | 16 | | increase
accruing for that period shall be payable to the | 17 | | pensioner in a lump sum.
| 18 | | (b) A firefighter who retires or is separated from service | 19 | | having at
least 10 but less than 20 years of creditable | 20 | | service, who is not entitled
to receive a disability pension, | 21 | | and who did not apply for a refund of
contributions at his or | 22 | | her last separation from service shall receive a
monthly | 23 | | pension upon attainment of age 60 based on the monthly salary | 24 | | attached
to his or her rank in the fire service on the date of | 25 | | retirement or separation
from service according to the | 26 | | following schedule:
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| 1 | | For 10 years of service, 15% of salary;
| 2 | | For 11 years of service, 17.6% of salary;
| 3 | | For 12 years of service, 20.4% of salary;
| 4 | | For 13 years of service, 23.4% of salary;
| 5 | | For 14 years of service, 26.6% of salary;
| 6 | | For 15 years of service, 30% of salary;
| 7 | | For 16 years of service, 33.6% of salary;
| 8 | | For 17 years of service, 37.4% of salary;
| 9 | | For 18 years of service, 41.4% of salary;
| 10 | | For 19 years of service, 45.6% of salary.
| 11 | | (c) Notwithstanding any other provision of this Article,
| 12 | | the provisions of this subsection (c) apply to a person who | 13 | | first
becomes a firefighter under this Article on or after | 14 | | January 1, 2011. | 15 | | A firefighter age 55 or more who has 10 or more years of | 16 | | service in that capacity shall be entitled at his option to | 17 | | receive a monthly pension for his service as a firefighter | 18 | | computed by multiplying 2.5% for each year of such service by | 19 | | his or her final average salary. | 20 | | The pension of a firefighter who is retiring after | 21 | | attaining age 50 with 10 or more years of creditable service | 22 | | shall be reduced by one-half of 1% for each month that the | 23 | | firefighter's age is under age 55. | 24 | | The maximum pension under this subsection (c) shall be 75%
| 25 | | of final average salary. | 26 | | For the purposes of this subsection (c), "final average |
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| 1 | | salary" means the average monthly salary obtained by dividing | 2 | | the total salary of the firefighter during the 96 consecutive | 3 | | months of service within the last 120 months of service in | 4 | | which the total salary was the highest by the number of months | 5 | | of service in that period. | 6 | | Beginning on January 1, 2011, for all purposes under
this | 7 | | Code (including without limitation the calculation of
benefits | 8 | | and employee contributions), the annual salary
based on the | 9 | | plan year of a member or participant to whom this Section | 10 | | applies shall not exceed $106,800; however, that amount shall | 11 | | annually thereafter be increased by the lesser of (i) 3% of | 12 | | that amount, including all previous adjustments, or (ii) | 13 | | one-half the annual unadjusted percentage increase (but not | 14 | | less than zero) in the consumer price index-u for the 12 months | 15 | | ending with the September preceding each November 1, including | 16 | | all previous adjustments. | 17 | | (d) A firefighter who previously participated in the | 18 | | Illinois Municipal Retirement Fund (IMRF) for service as a | 19 | | member of the fire department of a municipality and was | 20 | | transferred to that municipality's firefighters' pension fund | 21 | | upon its creation under this Article shall, for the purposes of | 22 | | determining the applicable tier of benefits under this Article, | 23 | | be deemed to have become a firefighter and member of that | 24 | | municipality's firefighters' pension fund on the date that he | 25 | | or she first participated in IMRF as a member of the fire | 26 | | department of that municipality, notwithstanding whether that |
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| 1 | | start date was before January 1, 2011. | 2 | | (Source: P.A. 96-1495, eff. 1-1-11.)
| 3 | | (40 ILCS 5/7-159) (from Ch. 108 1/2, par. 7-159)
| 4 | | Sec. 7-159. Surviving spouse annuity - refund of survivor | 5 | | credits.
| 6 | | (a) Any employee annuitant who (1) upon the date a | 7 | | retirement annuity
begins is not then married, or (2) is | 8 | | married to a person who would not qualify
for surviving spouse | 9 | | annuity if the person died on such date, is entitled to a
| 10 | | refund of the survivor credits including interest accumulated | 11 | | on the date the
annuity begins, excluding survivor credits and | 12 | | interest thereon credited during
periods of disability, and no | 13 | | spouse shall have a right to any surviving spouse
annuity from | 14 | | this Fund. If the employee annuitant
reenters service and upon | 15 | | subsequent retirement has a spouse who would
qualify for a | 16 | | surviving spouse annuity, the employee annuitant may pay the
| 17 | | fund the amount of the refund plus interest at the effective | 18 | | rate at the
date of payment. The payment shall qualify the | 19 | | spouse for a surviving
spouse annuity and the amount paid shall | 20 | | be considered as survivor
contributions.
| 21 | | (b) Instead of a refund under subsection (a), the retiring | 22 | | employee may
elect to convert the amount of the refund into an | 23 | | annuity, payable
separately from the retirement annuity. If the | 24 | | annuitant dies before the
guaranteed amount has been | 25 | | distributed, the remainder shall be paid in a lump
sum to the |
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| 1 | | designated beneficiary of the annuitant. The Board shall adopt | 2 | | any
rules necessary for the implementation of this subsection.
| 3 | | (c) An annuitant who retired prior to June 1, 2011 and | 4 | | received a refund of
survivor credits under subsection (a), and | 5 | | who thereafter became, and remains,
either: | 6 | | (1) a party to a civil union or a party to a legal | 7 | | relationship that is recognized as a civil union or | 8 | | marriage under the Illinois Religious Freedom Protection | 9 | | and Civil Union Act on or after June 1, 2011; or | 10 | | (2) a party to a marriage under the Illinois Marriage | 11 | | and Dissolution of Marriage Act on or after February 26, | 12 | | 2014; or | 13 | | (3) a party to a marriage, civil union or other legal | 14 | | relationship that, at the time it was formed, was not | 15 | | legally recognized in Illinois but was subsequently | 16 | | recognized as a civil union or marriage under the Illinois | 17 | | Religious Freedom Protection and Civil Union Act on or | 18 | | after June 1, 2011, a marriage under the Illinois Marriage | 19 | | and Dissolution of Marriage Act on or after February 26, | 20 | | 2014, or both; | 21 | | may, within a period of one year beginning 5 months after the | 22 | | effective date of this amendatory Act of the 99th General | 23 | | Assembly, make an election to re-establish rights to a
| 24 | | surviving spouse annuity under Sections 7-154 through 7-158 | 25 | | (notwithstanding
the eligibility requirements of paragraph | 26 | | (a)(1) of Section 7-154), by paying to the
Fund: (1) the total |
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| 1 | | amount of the refund received for survivor credits; and (2)
| 2 | | interest thereon at the actuarially assumed rate of return from | 3 | | the date of the refund to the date of
payment. Such election | 4 | | must be made prior to the date of death of the annuitant. | 5 | | The Fund may allow the annuitant to repay this refund over | 6 | | a period of not more
than 24 months. To the extent permitted by | 7 | | the Internal Revenue Code of 1986, as amended, for federal and | 8 | | State tax purposes, if a member pays in monthly
installments by | 9 | | reducing the monthly benefit by the amount of the otherwise
| 10 | | applicable contribution, the monthly amount by which the | 11 | | annuitant's benefit is
reduced shall not be treated as a | 12 | | contribution by the annuitant but rather as a
reduction of the | 13 | | annuitant's monthly benefit. | 14 | | If an annuitant makes an election under this subsection (c) | 15 | | and the contributions
required are not paid in full, an | 16 | | otherwise qualifying spouse shall be given the
option to make | 17 | | an additional lump sum payment of the remaining contributions
| 18 | | and qualify for a surviving spouse annuity. Otherwise, an | 19 | | additional refund
representing contributions made hereunder | 20 | | shall be paid at the annuitant's death
and there shall be no | 21 | | surviving spouse annuity paid. | 22 | | (d) Any surviving spouse of an annuitant who (1) retired | 23 | | prior to June 1, 2011, (2) was not married on the date the | 24 | | retirement annuity began, (3) received a refund of survivor | 25 | | credits under subsection (a), and (4) died prior to the | 26 | | implementation of Public Act 99-682 on December 29, 2016 may, |
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| 1 | | within a period of one year beginning 5 months after the | 2 | | effective date of this amendatory Act of the 101st General | 3 | | Assembly, make an election to re-establish rights to a | 4 | | surviving spouse annuity under Sections 7-154 through 7-158 | 5 | | (notwithstanding the eligibility requirements of paragraph (a) | 6 | | of subsection (1) of Section 7-154), by paying to the Fund: (i) | 7 | | the total amount of the refund received for survivor credits; | 8 | | and (ii) interest thereon at the actuarially assumed rate of | 9 | | return from the date of the refund to the date of payment. The | 10 | | surviving spouse must also provide documentation proving he or | 11 | | she was married to the annuitant or a party to a civil union | 12 | | with the annuitant at the time of death and has not | 13 | | subsequently remarried. This proof must include a marriage | 14 | | certificate or a certificate for a civil union and any other | 15 | | supporting documents deemed necessary by the Fund. | 16 | | (Source: P.A. 99-682, eff. 7-29-16.)
| 17 | | (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
| 18 | | Sec. 14-103.05. Employee.
| 19 | | (a) Any person employed by a Department who receives salary
| 20 | | for personal services rendered to the Department on a warrant
| 21 | | issued pursuant to a payroll voucher certified by a Department | 22 | | and drawn
by the State Comptroller upon the State Treasurer, | 23 | | including an elected
official described in subparagraph (d) of | 24 | | Section 14-104, shall become
an employee for purpose of | 25 | | membership in the Retirement System on the
first day of such |
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| 1 | | employment.
| 2 | | A person entering service on or after January 1, 1972 and | 3 | | prior to January
1, 1984 shall become a member as a condition | 4 | | of employment and shall begin
making contributions as of the | 5 | | first day of employment.
| 6 | | A person entering service on or after January 1, 1984 | 7 | | shall, upon completion
of 6 months of continuous service which | 8 | | is not interrupted by a break of more
than 2 months, become a | 9 | | member as a condition of employment. Contributions
shall begin | 10 | | the first of the month after completion of the qualifying | 11 | | period.
| 12 | | A person employed by the Chicago Metropolitan Agency for | 13 | | Planning on the effective date of this amendatory Act of the | 14 | | 95th General Assembly who was a member of this System as an | 15 | | employee of the Chicago Area Transportation Study and makes an | 16 | | election under Section 14-104.13 to participate in this System | 17 | | for his or her employment with the Chicago Metropolitan Agency | 18 | | for Planning.
| 19 | | The qualifying period of 6 months of service is not | 20 | | applicable to: (1)
a person who has been granted credit for | 21 | | service in a position covered by
the State Universities | 22 | | Retirement System, the Teachers' Retirement System
of the State | 23 | | of Illinois, the General Assembly Retirement System, or the
| 24 | | Judges Retirement System of Illinois unless that service has | 25 | | been forfeited
under the laws of those systems; (2) a person | 26 | | entering service on or
after July 1, 1991 in a noncovered |
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| 1 | | position; (3) a person to whom Section
14-108.2a or 14-108.2b | 2 | | applies; or (4) a person to whom subsection (a-5) of this | 3 | | Section applies.
| 4 | | (a-5) A person entering service on or after December 1, | 5 | | 2010 shall become a member as a condition of employment and | 6 | | shall begin making contributions as of the first day of | 7 | | employment. A person serving in the qualifying period on | 8 | | December 1, 2010 will become a member on December 1, 2010 and | 9 | | shall begin making contributions as of December 1, 2010. | 10 | | (b) The term "employee" does not include the following:
| 11 | | (1) members of the State Legislature, and persons | 12 | | electing to become
members of the General Assembly | 13 | | Retirement System pursuant to Section 2-105;
| 14 | | (2) incumbents of offices normally filled by vote of | 15 | | the people;
| 16 | | (3) except as otherwise provided in this Section, any | 17 | | person
appointed by the Governor with the advice and | 18 | | consent
of the Senate unless that person elects to | 19 | | participate in this system;
| 20 | | (3.1) any person serving as a commissioner of an ethics | 21 | | commission created under the State Officials and Employees | 22 | | Ethics Act unless that person elects to participate in this | 23 | | system with respect to that service as a commissioner;
| 24 | | (3.2) any person serving as a part-time employee in any | 25 | | of the following positions: Legislative Inspector General, | 26 | | Special Legislative Inspector General, employee of the |
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| 1 | | Office of the Legislative Inspector General, Executive | 2 | | Director of the Legislative Ethics Commission, or staff of | 3 | | the Legislative Ethics Commission, regardless of whether | 4 | | he or she is in active service on or after July 8, 2004 | 5 | | (the effective date of Public Act 93-685), unless that | 6 | | person elects to participate in this System with respect to | 7 | | that service; in this item (3.2), a "part-time employee" is | 8 | | a person who is not required to work at least 35 hours per | 9 | | week; | 10 | | (3.3) any person who has made an election under Section | 11 | | 1-123 and who is serving either as legal counsel in the | 12 | | Office of the Governor or as Chief Deputy Attorney General;
| 13 | | (4) except as provided in Section 14-108.2 or | 14 | | 14-108.2c, any person
who is covered or eligible to be | 15 | | covered by the Teachers' Retirement System of
the State of | 16 | | Illinois, the State Universities Retirement System, or the | 17 | | Judges
Retirement System of Illinois;
| 18 | | (5) an employee of a municipality or any other | 19 | | political subdivision
of the State;
| 20 | | (6) any person who becomes an employee after June 30, | 21 | | 1979 as a
public service employment program participant | 22 | | under the Federal
Comprehensive Employment and Training | 23 | | Act and whose wages or fringe
benefits are paid in whole or | 24 | | in part by funds provided under such Act;
| 25 | | (7) enrollees of the Illinois Young Adult Conservation | 26 | | Corps program,
administered by the Department of Natural |
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| 1 | | Resources, authorized grantee
pursuant to Title VIII of the | 2 | | "Comprehensive Employment and Training Act of
1973", 29 USC | 3 | | 993, as now or hereafter amended;
| 4 | | (8) enrollees and temporary staff of programs | 5 | | administered by the
Department of Natural Resources under | 6 | | the Youth
Conservation Corps Act of 1970;
| 7 | | (9) any person who is a member of any professional | 8 | | licensing or
disciplinary board created under an Act | 9 | | administered by the Department of
Professional Regulation | 10 | | or a successor agency or created or re-created
after the | 11 | | effective date of this amendatory Act of 1997, and who | 12 | | receives
per diem compensation rather than a salary, | 13 | | notwithstanding that such per diem
compensation is paid by | 14 | | warrant issued pursuant to a payroll voucher; such
persons | 15 | | have never been included in the membership of this System, | 16 | | and this
amendatory Act of 1987 (P.A. 84-1472) is not | 17 | | intended to effect any change in
the status of such | 18 | | persons;
| 19 | | (10) any person who is a member of the Illinois Health | 20 | | Care Cost
Containment Council, and receives per diem | 21 | | compensation rather than a
salary, notwithstanding that | 22 | | such per diem compensation is paid by warrant
issued | 23 | | pursuant to a payroll voucher; such persons have never been | 24 | | included
in the membership of this System, and this | 25 | | amendatory Act of 1987 is not
intended to effect any change | 26 | | in the status of such persons;
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| 1 | | (11) any person who is a member of the Oil and Gas | 2 | | Board created by
Section 1.2 of the Illinois Oil and Gas | 3 | | Act, and receives per diem
compensation rather than a | 4 | | salary, notwithstanding that such per diem
compensation is | 5 | | paid by warrant issued pursuant to a payroll voucher;
| 6 | | (12) a person employed by the State Board of Higher | 7 | | Education in a position with the Illinois Century Network | 8 | | as of June 30, 2004, who remains continuously employed | 9 | | after that date by the Department of Central Management | 10 | | Services in a position with the Illinois Century Network | 11 | | and participates in the Article 15 system with respect to | 12 | | that employment;
| 13 | | (13) any person who first becomes a member of the Civil | 14 | | Service Commission on or after January 1, 2012; | 15 | | (14) any person, other than the Director of Employment | 16 | | Security, who first becomes a member of the Board of Review | 17 | | of the Department of Employment Security on or after | 18 | | January 1, 2012; | 19 | | (15) any person who first becomes a member of the Civil | 20 | | Service Commission on or after January 1, 2012; | 21 | | (16) any person who first becomes a member of the | 22 | | Illinois Liquor Control Commission on or after January 1, | 23 | | 2012; | 24 | | (17) any person who first becomes a member of the | 25 | | Secretary of State Merit Commission on or after January 1, | 26 | | 2012; |
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| 1 | | (18) any person who first becomes a member of the Human | 2 | | Rights Commission on or after January 1, 2012 unless he or | 3 | | she is eligible to participate in accordance with | 4 | | subsection (d) of this Section ; | 5 | | (19) any person who first becomes a member of the State | 6 | | Mining Board on or after January 1, 2012; | 7 | | (20) any person who first becomes a member of the | 8 | | Property Tax Appeal Board on or after January 1, 2012; | 9 | | (21) any person who first becomes a member of the | 10 | | Illinois Racing Board on or after January 1, 2012; | 11 | | (22) any person who first becomes a member of the | 12 | | Department of State Police Merit Board on or after January | 13 | | 1, 2012; | 14 | | (23) any person who first becomes a member of the | 15 | | Illinois State Toll Highway Authority on or after January | 16 | | 1, 2012; or | 17 | | (24) any person who first becomes a member of the | 18 | | Illinois State Board of Elections on or after January 1, | 19 | | 2012. | 20 | | (c) An individual who represents or is employed as an | 21 | | officer or employee of a statewide labor organization that | 22 | | represents members of this System may participate in the System | 23 | | and shall be deemed an employee, provided that (1) the | 24 | | individual has previously earned creditable service under this | 25 | | Article, (2) the individual files with the System an | 26 | | irrevocable election to become a participant within 6 months |
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| 1 | | after the effective date of this amendatory Act of the 94th | 2 | | General Assembly, and (3) the individual does not receive | 3 | | credit for that employment under any other provisions of this | 4 | | Code. An employee under this subsection (c) is responsible for | 5 | | paying to the System both (i) employee contributions based on | 6 | | the actual compensation received for service with the labor | 7 | | organization and (ii) employer contributions based on the | 8 | | percentage of payroll certified by the board; all or any part | 9 | | of these contributions may be paid on the employee's behalf or | 10 | | picked up for tax purposes (if authorized under federal law) by | 11 | | the labor organization. | 12 | | A person who is an employee as defined in this subsection | 13 | | (c) may establish service credit for similar employment prior | 14 | | to becoming an employee under this subsection by paying to the | 15 | | System for that employment the contributions specified in this | 16 | | subsection, plus interest at the effective rate from the date | 17 | | of service to the date of payment. However, credit shall not be | 18 | | granted under this subsection (c) for any such prior employment | 19 | | for which the applicant received credit under any other | 20 | | provision of this Code or during which the applicant was on a | 21 | | leave of absence.
| 22 | | (d) A person appointed as a member of the Human Rights | 23 | | Commission on or after June 1, 2019 may elect to participate in | 24 | | the System and shall be deemed an employee. Service and | 25 | | contributions shall begin on the first payroll period | 26 | | immediately following the employee's election to participate |
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| 1 | | in the System. | 2 | | A person who is an employee as described in this subsection | 3 | | (d) may establish service credit for employment as a Human | 4 | | Rights Commissioner that occurred on or after June 1, 2019 and | 5 | | before establishing service under this subsection by paying to | 6 | | the System for that employment the contributions specified in | 7 | | paragraph (1) of subsection (a) of Section 14-133, plus regular | 8 | | interest from the date of service to the date of payment. | 9 | | (Source: P.A. 96-1490, eff. 1-1-11; 97-609, eff. 1-1-12.)
| 10 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| 11 | | Sec. 14-110. Alternative retirement annuity.
| 12 | | (a) Any member who has withdrawn from service with not less | 13 | | than 20
years of eligible creditable service and has attained | 14 | | age 55, and any
member who has withdrawn from service with not | 15 | | less than 25 years of
eligible creditable service and has | 16 | | attained age 50, regardless of whether
the attainment of either | 17 | | of the specified ages occurs while the member is
still in | 18 | | service, shall be entitled to receive at the option of the | 19 | | member,
in lieu of the regular or minimum retirement annuity, a | 20 | | retirement annuity
computed as follows:
| 21 | | (i) for periods of service as a noncovered employee:
if | 22 | | retirement occurs on or after January 1, 2001, 3% of final
| 23 | | average compensation for each year of creditable service; | 24 | | if retirement occurs
before January 1, 2001, 2 1/4% of | 25 | | final average compensation for each of the
first 10 years |
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| 1 | | of creditable service, 2 1/2% for each year above 10 years | 2 | | to
and including 20 years of creditable service, and 2 3/4% | 3 | | for each year of
creditable service above 20 years; and
| 4 | | (ii) for periods of eligible creditable service as a | 5 | | covered employee:
if retirement occurs on or after January | 6 | | 1, 2001, 2.5% of final average
compensation for each year | 7 | | of creditable service; if retirement occurs before
January | 8 | | 1, 2001, 1.67% of final average compensation for each of | 9 | | the first
10 years of such service, 1.90% for each of the | 10 | | next 10 years of such service,
2.10% for each year of such | 11 | | service in excess of 20 but not exceeding 30, and
2.30% for | 12 | | each year in excess of 30.
| 13 | | Such annuity shall be subject to a maximum of 75% of final | 14 | | average
compensation if retirement occurs before January 1, | 15 | | 2001 or to a maximum
of 80% of final average compensation if | 16 | | retirement occurs on or after January
1, 2001.
| 17 | | These rates shall not be applicable to any service | 18 | | performed
by a member as a covered employee which is not | 19 | | eligible creditable service.
Service as a covered employee | 20 | | which is not eligible creditable service
shall be subject to | 21 | | the rates and provisions of Section 14-108.
| 22 | | (b) For the purpose of this Section, "eligible creditable | 23 | | service" means
creditable service resulting from service in one | 24 | | or more of the following
positions:
| 25 | | (1) State policeman;
| 26 | | (2) fire fighter in the fire protection service of a |
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| 1 | | department;
| 2 | | (3) air pilot;
| 3 | | (4) special agent;
| 4 | | (5) investigator for the Secretary of State;
| 5 | | (6) conservation police officer;
| 6 | | (7) investigator for the Department of Revenue or the | 7 | | Illinois Gaming Board;
| 8 | | (8) security employee of the Department of Human | 9 | | Services;
| 10 | | (9) Central Management Services security police | 11 | | officer;
| 12 | | (10) security employee of the Department of | 13 | | Corrections or the Department of Juvenile Justice;
| 14 | | (11) dangerous drugs investigator;
| 15 | | (12) investigator for the Department of State Police;
| 16 | | (13) investigator for the Office of the Attorney | 17 | | General;
| 18 | | (14) controlled substance inspector;
| 19 | | (15) investigator for the Office of the State's | 20 | | Attorneys Appellate
Prosecutor;
| 21 | | (16) Commerce Commission police officer;
| 22 | | (17) arson investigator;
| 23 | | (18) State highway maintenance worker;
| 24 | | (19) security employee of the Department of Innovation | 25 | | and Technology; or | 26 | | (20) transferred employee. |
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| 1 | | A person employed in one of the positions specified in this | 2 | | subsection is
entitled to eligible creditable service for | 3 | | service credit earned under this
Article while undergoing the | 4 | | basic police training course approved by the
Illinois Law | 5 | | Enforcement Training
Standards Board, if
completion of that | 6 | | training is required of persons serving in that position.
For | 7 | | the purposes of this Code, service during the required basic | 8 | | police
training course shall be deemed performance of the | 9 | | duties of the specified
position, even though the person is not | 10 | | a sworn peace officer at the time of
the training.
| 11 | | A person under paragraph (20) is entitled to eligible | 12 | | creditable service for service credit earned under this Article | 13 | | on and after his or her transfer by Executive Order No. | 14 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. | 15 | | 2016-1. | 16 | | (c) For the purposes of this Section:
| 17 | | (1) The term "State policeman" includes any title or | 18 | | position
in the Department of State Police that is held by | 19 | | an individual employed
under the State Police Act.
| 20 | | (2) The term "fire fighter in the fire protection | 21 | | service of a
department" includes all officers in such fire | 22 | | protection service
including fire chiefs and assistant | 23 | | fire chiefs.
| 24 | | (3) The term "air pilot" includes any employee whose | 25 | | official job
description on file in the Department of | 26 | | Central Management Services, or
in the department by which |
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| 1 | | he is employed if that department is not covered
by the | 2 | | Personnel Code, states that his principal duty is the | 3 | | operation of
aircraft, and who possesses a pilot's license; | 4 | | however, the change in this
definition made by this | 5 | | amendatory Act of 1983 shall not operate to exclude
any | 6 | | noncovered employee who was an "air pilot" for the purposes | 7 | | of this
Section on January 1, 1984.
| 8 | | (4) The term "special agent" means any person who by | 9 | | reason of
employment by the Division of Narcotic Control, | 10 | | the Bureau of Investigation
or, after July 1, 1977, the | 11 | | Division of Criminal Investigation, the
Division of | 12 | | Internal Investigation, the Division of Operations, or any
| 13 | | other Division or organizational
entity in the Department | 14 | | of State Police is vested by law with duties to
maintain | 15 | | public order, investigate violations of the criminal law of | 16 | | this
State, enforce the laws of this State, make arrests | 17 | | and recover property.
The term "special agent" includes any | 18 | | title or position in the Department
of State Police that is | 19 | | held by an individual employed under the State
Police Act.
| 20 | | (5) The term "investigator for the Secretary of State" | 21 | | means any person
employed by the Office of the Secretary of | 22 | | State and vested with such
investigative duties as render | 23 | | him ineligible for coverage under the Social
Security Act | 24 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 25 | | 218(l)(1)
of that Act.
| 26 | | A person who became employed as an investigator for the |
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| 1 | | Secretary of
State between January 1, 1967 and December 31, | 2 | | 1975, and who has served as
such until attainment of age | 3 | | 60, either continuously or with a single break
in service | 4 | | of not more than 3 years duration, which break terminated | 5 | | before
January 1, 1976, shall be entitled to have his | 6 | | retirement annuity
calculated in accordance with | 7 | | subsection (a), notwithstanding
that he has less than 20 | 8 | | years of credit for such service.
| 9 | | (6) The term "Conservation Police Officer" means any | 10 | | person employed
by the Division of Law Enforcement of the | 11 | | Department of Natural Resources and
vested with such law | 12 | | enforcement duties as render him ineligible for coverage
| 13 | | under the Social Security Act by reason of Sections | 14 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 15 | | term "Conservation Police Officer" includes
the positions | 16 | | of Chief Conservation Police Administrator and Assistant
| 17 | | Conservation Police Administrator.
| 18 | | (7) The term "investigator for the Department of | 19 | | Revenue" means any
person employed by the Department of | 20 | | Revenue and vested with such
investigative duties as render | 21 | | him ineligible for coverage under the Social
Security Act | 22 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 23 | | 218(l)(1)
of that Act.
| 24 | | The term "investigator for the Illinois Gaming Board" | 25 | | means any
person employed as such by the Illinois Gaming | 26 | | Board and vested with such
peace officer duties as render |
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| 1 | | the person ineligible for coverage under the Social
| 2 | | Security Act by reason of Sections 218(d)(5)(A), | 3 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
| 4 | | (8) The term "security employee of the Department of | 5 | | Human Services"
means any person employed by the Department | 6 | | of Human Services who (i) is
employed at the Chester Mental | 7 | | Health Center and has daily contact with the
residents | 8 | | thereof, (ii) is employed within a security unit at a | 9 | | facility
operated by the Department and has daily contact | 10 | | with the residents of the
security unit, (iii) is employed | 11 | | at a facility operated by the Department
that includes a | 12 | | security unit and is regularly scheduled to work at least
| 13 | | 50% of his or her working hours within that security unit, | 14 | | or (iv) is a mental health police officer.
"Mental health | 15 | | police officer" means any person employed by the Department | 16 | | of
Human Services in a position pertaining to the | 17 | | Department's mental health and
developmental disabilities | 18 | | functions who is vested with such law enforcement
duties as | 19 | | render 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. "Security unit" | 22 | | means that portion of a facility that is devoted to
the | 23 | | care, containment, and treatment of persons committed to | 24 | | the Department of
Human Services as sexually violent | 25 | | persons, persons unfit to stand trial, or
persons not | 26 | | guilty by reason of insanity. With respect to past |
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| 1 | | employment,
references to the Department of Human Services | 2 | | include its predecessor, the
Department of Mental Health | 3 | | and Developmental Disabilities.
| 4 | | The changes made to this subdivision (c)(8) by Public | 5 | | Act 92-14 apply to persons who retire on or after January | 6 | | 1,
2001, notwithstanding Section 1-103.1.
| 7 | | (9) "Central Management Services security police | 8 | | officer" means any
person employed by the Department of | 9 | | Central Management Services who is
vested with such law | 10 | | enforcement duties as render him ineligible for
coverage | 11 | | under the Social Security Act by reason of Sections | 12 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 13 | | (10) For a member who first became an employee under | 14 | | this Article before July 1, 2005, the term "security | 15 | | employee of the Department of Corrections or the Department | 16 | | of Juvenile Justice"
means any employee of the Department | 17 | | of Corrections or the Department of Juvenile Justice or the | 18 | | former
Department of Personnel, and any member or employee | 19 | | of the Prisoner
Review Board, who has daily contact with | 20 | | inmates or youth by working within a
correctional facility | 21 | | or Juvenile facility operated by the Department of Juvenile | 22 | | Justice or who is a parole officer or an employee who has
| 23 | | direct contact with committed persons in the performance of | 24 | | his or her
job duties. For a member who first becomes an | 25 | | employee under this Article on or after July 1, 2005, the | 26 | | term means an employee of the Department of Corrections or |
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| 1 | | the Department of Juvenile Justice who is any of the | 2 | | following: (i) officially headquartered at a correctional | 3 | | facility or Juvenile facility operated by the Department of | 4 | | Juvenile Justice, (ii) a parole officer, (iii) a member of | 5 | | the apprehension unit, (iv) a member of the intelligence | 6 | | unit, (v) a member of the sort team, or (vi) an | 7 | | investigator.
| 8 | | (11) The term "dangerous drugs investigator" means any | 9 | | person who is
employed as such by the Department of Human | 10 | | Services.
| 11 | | (12) The term "investigator for the Department of State | 12 | | Police" means
a person employed by the Department of State | 13 | | Police who is vested under
Section 4 of the Narcotic | 14 | | Control Division Abolition Act with such
law enforcement | 15 | | powers as render him ineligible for coverage under the
| 16 | | Social Security Act by reason of Sections 218(d)(5)(A), | 17 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 18 | | (13) "Investigator for the Office of the Attorney | 19 | | General" means any
person who is employed as such by the | 20 | | Office of the Attorney General and
is vested with such | 21 | | investigative duties as render him ineligible for
coverage | 22 | | under the Social Security Act by reason of Sections | 23 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 24 | | the period before January 1,
1989, the term includes all | 25 | | persons who were employed as investigators by the
Office of | 26 | | the Attorney General, without regard to social security |
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| 1 | | status.
| 2 | | (14) "Controlled substance inspector" means any person | 3 | | who is employed
as such by the Department of Professional | 4 | | Regulation and is vested with such
law enforcement duties | 5 | | as render him ineligible for coverage under the Social
| 6 | | Security Act by reason of Sections 218(d)(5)(A), | 7 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 8 | | "controlled substance inspector" includes the Program
| 9 | | Executive of Enforcement and the Assistant Program | 10 | | Executive of Enforcement.
| 11 | | (15) The term "investigator for the Office of the | 12 | | State's Attorneys
Appellate Prosecutor" means a person | 13 | | employed in that capacity on a full
time basis under the | 14 | | authority of Section 7.06 of the State's Attorneys
| 15 | | Appellate Prosecutor's Act.
| 16 | | (16) "Commerce Commission police officer" means any | 17 | | person employed
by the Illinois Commerce Commission who is | 18 | | vested with such law
enforcement duties as render him | 19 | | ineligible for coverage under the Social
Security Act by | 20 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 21 | | 218(l)(1) of that Act.
| 22 | | (17) "Arson investigator" means any person who is | 23 | | employed as such by
the Office of the State Fire Marshal | 24 | | and is vested with such law enforcement
duties as render | 25 | | the person 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. A person who was | 2 | | employed as an arson
investigator on January 1, 1995 and is | 3 | | no longer in service but not yet
receiving a retirement | 4 | | annuity may convert his or her creditable service for
| 5 | | employment as an arson investigator into eligible | 6 | | creditable service by paying
to the System the difference | 7 | | between the employee contributions actually paid
for that | 8 | | service and the amounts that would have been contributed if | 9 | | the
applicant were contributing at the rate applicable to | 10 | | persons with the same
social security status earning | 11 | | eligible creditable service on the date of
application.
| 12 | | (18) The term "State highway maintenance worker" means | 13 | | a person who is
either of the following:
| 14 | | (i) A person employed on a full-time basis by the | 15 | | Illinois
Department of Transportation in the position | 16 | | of
highway maintainer,
highway maintenance lead | 17 | | worker,
highway maintenance lead/lead worker,
heavy | 18 | | construction equipment operator,
power shovel | 19 | | operator, or
bridge mechanic; and
whose principal | 20 | | responsibility is to perform, on the roadway, the | 21 | | actual
maintenance necessary to keep the highways that | 22 | | form a part of the State
highway system in serviceable | 23 | | condition for vehicular traffic.
| 24 | | (ii) A person employed on a full-time basis by the | 25 | | Illinois
State Toll Highway Authority in the position | 26 | | of
equipment operator/laborer H-4,
equipment |
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| 1 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 2 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 3 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 4 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 5 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 6 | | painter H-4, or
painter H-6; and
whose principal | 7 | | responsibility is to perform, on the roadway, the | 8 | | actual
maintenance necessary to keep the Authority's | 9 | | tollways in serviceable condition
for vehicular | 10 | | traffic.
| 11 | | (19) The term "security employee of the Department of | 12 | | Innovation and Technology" means a person who was a | 13 | | security employee of the Department of Corrections or the | 14 | | Department of Juvenile Justice, was transferred to the | 15 | | Department of Innovation and Technology pursuant to | 16 | | Executive Order 2016-01, and continues to perform similar | 17 | | job functions under that Department. | 18 | | (20) "Transferred employee" means an employee who was | 19 | | transferred to the Department of Central Management | 20 | | Services by Executive Order No. 2003-10 or Executive Order | 21 | | No. 2004-2 or transferred to the Department of Innovation | 22 | | and Technology by Executive Order No. 2016-1, or both, and | 23 | | was entitled to eligible creditable service for services | 24 | | immediately preceding the transfer. | 25 | | (d) A security employee of the Department of Corrections or | 26 | | the Department of Juvenile Justice, a security
employee of the |
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| 1 | | Department of Human Services who is not a mental health police
| 2 | | officer, and a security employee of the Department of | 3 | | Innovation and Technology shall not be eligible for the | 4 | | alternative retirement annuity provided
by this Section unless | 5 | | he or she meets the following minimum age and service
| 6 | | requirements at the time of retirement:
| 7 | | (i) 25 years of eligible creditable service and age 55; | 8 | | or
| 9 | | (ii) beginning January 1, 1987, 25 years of eligible | 10 | | creditable service
and age 54, or 24 years of eligible | 11 | | creditable service and age 55; or
| 12 | | (iii) beginning January 1, 1988, 25 years of eligible | 13 | | creditable service
and age 53, or 23 years of eligible | 14 | | creditable service and age 55; or
| 15 | | (iv) beginning January 1, 1989, 25 years of eligible | 16 | | creditable service
and age 52, or 22 years of eligible | 17 | | creditable service and age 55; or
| 18 | | (v) beginning January 1, 1990, 25 years of eligible | 19 | | creditable service
and age 51, or 21 years of eligible | 20 | | creditable service and age 55; or
| 21 | | (vi) beginning January 1, 1991, 25 years of eligible | 22 | | creditable service
and age 50, or 20 years of eligible | 23 | | creditable service and age 55.
| 24 | | Persons who have service credit under Article 16 of this | 25 | | Code for service
as a security employee of the Department of | 26 | | Corrections or the Department of Juvenile Justice, or the |
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| 1 | | Department
of Human Services in a position requiring | 2 | | certification as a teacher may
count such service toward | 3 | | establishing their eligibility under the service
requirements | 4 | | of this Section; but such service may be used only for
| 5 | | establishing such eligibility, and not for the purpose of | 6 | | increasing or
calculating any benefit.
| 7 | | (e) If a member enters military service while working in a | 8 | | position in
which eligible creditable service may be earned, | 9 | | and returns to State
service in the same or another such | 10 | | position, and fulfills in all other
respects the conditions | 11 | | prescribed in this Article for credit for military
service, | 12 | | such military service shall be credited as eligible creditable
| 13 | | service for the purposes of the retirement annuity prescribed | 14 | | in this Section.
| 15 | | (f) For purposes of calculating retirement annuities under | 16 | | this
Section, periods of service rendered after December 31, | 17 | | 1968 and before
October 1, 1975 as a covered employee in the | 18 | | position of special agent,
conservation police officer, mental | 19 | | health police officer, or investigator
for the Secretary of | 20 | | State, shall be deemed to have been service as a
noncovered | 21 | | employee, provided that the employee pays to the System prior | 22 | | to
retirement an amount equal to (1) the difference between the | 23 | | employee
contributions that would have been required for such | 24 | | service as a
noncovered employee, and the amount of employee | 25 | | contributions actually
paid, plus (2) if payment is made after | 26 | | July 31, 1987, regular interest
on the amount specified in item |
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| 1 | | (1) from the date of service to the date
of payment.
| 2 | | For purposes of calculating retirement annuities under | 3 | | this Section,
periods of service rendered after December 31, | 4 | | 1968 and before January 1,
1982 as a covered employee in the | 5 | | position of investigator for the
Department of Revenue shall be | 6 | | deemed to have been service as a noncovered
employee, provided | 7 | | that the employee pays to the System prior to retirement
an | 8 | | amount equal to (1) the difference between the employee | 9 | | contributions
that would have been required for such service as | 10 | | a noncovered employee,
and the amount of employee contributions | 11 | | actually paid, plus (2) if payment
is made after January 1, | 12 | | 1990, regular interest on the amount specified in
item (1) from | 13 | | the date of service to the date of payment.
| 14 | | (g) A State policeman may elect, not later than January 1, | 15 | | 1990, to
establish eligible creditable service for up to 10 | 16 | | years of his service as
a policeman under Article 3, by filing | 17 | | a written election with the Board,
accompanied by payment of an | 18 | | amount to be determined by the Board, equal to
(i) the | 19 | | difference between the amount of employee and employer
| 20 | | contributions transferred to the System under Section 3-110.5, | 21 | | and the
amounts that would have been contributed had such | 22 | | contributions been made
at the rates applicable to State | 23 | | policemen, plus (ii) interest thereon at
the effective rate for | 24 | | each year, compounded annually, from the date of
service to the | 25 | | date of payment.
| 26 | | Subject to the limitation in subsection (i), a State |
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| 1 | | policeman may elect,
not later than July 1, 1993, to establish | 2 | | eligible creditable service for
up to 10 years of his service | 3 | | as a member of the County Police Department
under Article 9, by | 4 | | filing a written election with the Board, accompanied
by | 5 | | payment of an amount to be determined by the Board, equal to | 6 | | (i) the
difference between the amount of employee and employer | 7 | | contributions
transferred to the System under Section 9-121.10 | 8 | | and the amounts that would
have been contributed had those | 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 | | (h) Subject to the limitation in subsection (i), a State | 14 | | policeman or
investigator for the Secretary of State may elect | 15 | | to establish eligible
creditable service for up to 12 years of | 16 | | his service as a policeman under
Article 5, by filing a written | 17 | | election with the Board on or before January
31, 1992, and | 18 | | paying to the System by January 31, 1994 an amount to be
| 19 | | determined by the Board, equal to (i) the difference between | 20 | | the amount of
employee and employer contributions transferred | 21 | | to the System under Section
5-236, and the amounts that would | 22 | | have been contributed had such
contributions been made at the | 23 | | rates applicable to State policemen, plus
(ii) interest thereon | 24 | | at the effective rate for each year, compounded
annually, from | 25 | | the date of service to the date of payment.
| 26 | | Subject to the limitation in subsection (i), a State |
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| 1 | | policeman,
conservation police officer, or investigator for | 2 | | the Secretary of State may
elect to establish eligible | 3 | | creditable service for up to 10 years of
service as a sheriff's | 4 | | law enforcement employee under Article 7, by filing
a written | 5 | | election with the Board on or before January 31, 1993, and | 6 | | paying
to the System by January 31, 1994 an amount to be | 7 | | determined by the Board,
equal to (i) the difference between | 8 | | the amount of employee and
employer contributions transferred | 9 | | to the System under Section
7-139.7, and the amounts that would | 10 | | have been contributed had such
contributions been made at the | 11 | | rates applicable to State policemen, plus
(ii) interest thereon | 12 | | at the effective rate for each year, compounded
annually, from | 13 | | the date of service to the date of payment.
| 14 | | Subject to the limitation in subsection (i), a State | 15 | | policeman,
conservation police officer, or investigator for | 16 | | the Secretary of State may
elect to establish eligible | 17 | | creditable service for up to 5 years of
service as a police | 18 | | officer under Article 3, a policeman under Article 5, a | 19 | | sheriff's law enforcement employee under Article 7, a member of | 20 | | the county police department under Article 9, or a police | 21 | | officer under Article 15 by filing
a written election with the | 22 | | Board and paying
to the System an amount to be determined by | 23 | | the 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, 9-121.10, or 15-134.4 | 26 | | and the amounts that would have been contributed had such
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| 1 | | contributions been made at the rates applicable to State | 2 | | policemen, plus
(ii) interest thereon at the effective rate for | 3 | | each year, compounded
annually, from the date of service to the | 4 | | date of payment. | 5 | | Subject to the limitation in subsection (i), an | 6 | | investigator for the Office of the Attorney General, or an | 7 | | investigator for the Department of Revenue, may elect to | 8 | | establish eligible creditable service for up to 5 years of | 9 | | service as a police officer under Article 3, a policeman under | 10 | | Article 5, a sheriff's law enforcement employee under Article | 11 | | 7, or a member of the county police department under Article 9 | 12 | | by filing a written election with the Board within 6 months | 13 | | after August 25, 2009 (the effective date of Public Act 96-745) | 14 | | and paying to the System an amount to be determined by the | 15 | | Board, equal to (i) the difference between the amount of | 16 | | employee and employer contributions transferred to the System | 17 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 18 | | amounts that would have been contributed had such contributions | 19 | | been made at the rates applicable to State policemen, plus (ii) | 20 | | interest thereon at the actuarially assumed rate for each year, | 21 | | compounded annually, from the date of service to the date of | 22 | | payment. | 23 | | Subject to the limitation in subsection (i), a State | 24 | | policeman, conservation police officer, investigator for the | 25 | | Office of the Attorney General, an investigator for the | 26 | | Department of Revenue, or investigator for the Secretary of |
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| 1 | | State may elect to establish eligible creditable service for up | 2 | | to 5 years of service as a person employed by a participating | 3 | | municipality to perform police duties, or law enforcement | 4 | | officer employed on a full-time basis by a forest preserve | 5 | | district under Article 7, a county corrections officer, or a | 6 | | court services officer under Article 9, by filing a written | 7 | | election with the Board within 6 months after August 25, 2009 | 8 | | (the effective date of Public Act 96-745) and paying to the | 9 | | System an amount to be determined by the Board, equal to (i) | 10 | | the difference between the amount of employee and employer | 11 | | contributions transferred to the System under Sections 7-139.8 | 12 | | and 9-121.10 and the amounts that would have been contributed | 13 | | had such contributions been made at the rates applicable to | 14 | | State policemen, plus (ii) interest thereon at the actuarially | 15 | | assumed rate for each year, compounded annually, from the date | 16 | | of service to the date of payment. | 17 | | (i) The total amount of eligible creditable service | 18 | | established by any
person under subsections (g), (h), (j), (k), | 19 | | and (l) , and (l-5) of this
Section shall not exceed 12 years.
| 20 | | (j) Subject to the limitation in subsection (i), an | 21 | | investigator for
the Office of the State's Attorneys Appellate | 22 | | Prosecutor or a controlled
substance inspector may elect to
| 23 | | establish eligible creditable service for up to 10 years of his | 24 | | service as
a policeman under Article 3 or a sheriff's law | 25 | | enforcement employee under
Article 7, by filing a written | 26 | | election with the Board, accompanied by
payment of an amount to |
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| 1 | | be determined by the Board, equal to (1) the
difference between | 2 | | the amount of employee and employer contributions
transferred | 3 | | to the System under Section 3-110.6 or 7-139.8, and the amounts
| 4 | | that would have been contributed had such contributions been | 5 | | made at the
rates applicable to State policemen, plus (2) | 6 | | interest thereon at the
effective rate for each year, | 7 | | compounded annually, from the date of service
to the date of | 8 | | payment.
| 9 | | (k) Subject to the limitation in subsection (i) of this | 10 | | Section, an
alternative formula employee may elect to establish | 11 | | eligible creditable
service for periods spent as a full-time | 12 | | law enforcement officer or full-time
corrections officer | 13 | | employed by the federal government or by a state or local
| 14 | | government located outside of Illinois, for which credit is not | 15 | | held in any
other public employee pension fund or retirement | 16 | | system. To obtain this
credit, the applicant must file a | 17 | | written application with the Board by March
31, 1998, | 18 | | accompanied by evidence of eligibility acceptable to the Board | 19 | | and
payment of an amount to be determined by the Board, equal | 20 | | to (1) employee
contributions for the credit being established, | 21 | | based upon the applicant's
salary on the first day as an | 22 | | alternative formula employee after the employment
for which | 23 | | credit is being established and the rates then applicable to
| 24 | | alternative formula employees, plus (2) an amount determined by | 25 | | the Board
to be the employer's normal cost of the benefits | 26 | | accrued for the credit being
established, plus (3) regular |
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| 1 | | interest on the amounts in items (1) and (2) from
the first day | 2 | | as an alternative formula employee after the employment for | 3 | | which
credit is being established to the date of payment.
| 4 | | (l) Subject to the limitation in subsection (i), a security | 5 | | employee of
the Department of Corrections may elect, not later | 6 | | than July 1, 1998, to
establish eligible creditable service for | 7 | | up to 10 years of his or her service
as a policeman under | 8 | | Article 3, by filing a written election with the Board,
| 9 | | accompanied by payment of an amount to be determined by the | 10 | | Board, equal to
(i) the difference between the amount of | 11 | | employee and employer contributions
transferred to the System | 12 | | under Section 3-110.5, and the amounts that would
have been | 13 | | contributed had such contributions been made at the rates | 14 | | applicable
to security employees of the Department of | 15 | | Corrections, plus (ii) interest
thereon at the effective rate | 16 | | for each year, compounded annually, from the date
of service to | 17 | | the date of payment.
| 18 | | (l-5) Subject to the limitation in subsection (i) of this | 19 | | Section, a State policeman may elect to establish eligible | 20 | | creditable service for up to 5 years of service as a full-time | 21 | | law enforcement officer employed by the federal government or | 22 | | by a state or local government located outside of Illinois for | 23 | | which credit is not held in any other public employee pension | 24 | | fund or retirement system. To obtain this credit, the applicant | 25 | | must file a written application with the Board no later than 3 | 26 | | years after the effective date of this amendatory Act of the |
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| 1 | | 101st General Assembly, accompanied by evidence of eligibility | 2 | | acceptable to the Board and payment of an amount to be | 3 | | determined by the Board, equal to (1) employee contributions | 4 | | for the credit being established, based upon the applicant's | 5 | | salary on the first day as an alternative formula employee | 6 | | after the employment for which credit is being established and | 7 | | the rates then applicable to alternative formula employees, | 8 | | plus (2) an amount determined by the Board to be the employer's | 9 | | normal cost of the benefits accrued for the credit being | 10 | | established, plus (3) regular interest on the amounts in items | 11 | | (1) and (2) from the first day as an alternative formula | 12 | | employee after the employment for which credit is being | 13 | | established to the date of payment. | 14 | | (m) The amendatory changes to this Section made by this | 15 | | amendatory Act of the 94th General Assembly apply only to: (1) | 16 | | security employees of the Department of Juvenile Justice | 17 | | employed by the Department of Corrections before the effective | 18 | | date of this amendatory Act of the 94th General Assembly and | 19 | | transferred to the Department of Juvenile Justice by this | 20 | | amendatory Act of the 94th General Assembly; and (2) persons | 21 | | employed by the Department of Juvenile Justice on or after the | 22 | | effective date of this amendatory Act of the 94th General | 23 | | Assembly who are required by subsection (b) of Section 3-2.5-15 | 24 | | of the Unified Code of Corrections to have any bachelor's or | 25 | | advanced degree from an accredited college or university or, in | 26 | | the case of persons who provide vocational training, who are |
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| 1 | | required to have adequate knowledge in the skill for which they | 2 | | are providing the vocational training.
| 3 | | (n) A person employed in a position under subsection (b) of | 4 | | this Section who has purchased service credit under subsection | 5 | | (j) of Section 14-104 or subsection (b) of Section 14-105 in | 6 | | any other capacity under this Article may convert up to 5 years | 7 | | of that service credit into service credit covered under this | 8 | | Section by paying to the Fund an amount equal to (1) the | 9 | | additional employee contribution required under Section | 10 | | 14-133, plus (2) the additional employer contribution required | 11 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 12 | | the actuarially assumed rate from the date of the service to | 13 | | the date of payment. | 14 | | (o) Subject to the limitation in subsection (i), a | 15 | | conservation police officer, investigator for the Secretary of | 16 | | State, Commerce Commission police officer, or arson | 17 | | investigator subject to subsection (g) of Section 1-160 may | 18 | | elect to convert up to 8 years of service credit established | 19 | | before the effective date of this amendatory Act of the 101st | 20 | | General Assembly as a conservation police officer, | 21 | | investigator for the Secretary of State, Commerce Commission | 22 | | police officer, or arson investigator under this Article into | 23 | | eligible creditable service by filing a written election with | 24 | | the Board no later than one year after the effective date of | 25 | | this amendatory Act of the 101st General Assembly, accompanied | 26 | | by payment of an amount to be determined by the Board equal to |
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| 1 | | (i) the difference between the amount of the employee | 2 | | contributions actually paid for that service and the amount of | 3 | | the employee contributions that would have been paid had the | 4 | | employee contributions been made as a noncovered employee | 5 | | serving in a position in which eligible creditable service, as | 6 | | defined in this Section, may be earned, plus (ii) interest | 7 | | thereon at the effective rate for each year, compounded | 8 | | annually, from the date of service to the date of payment. | 9 | | (Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18.)
| 10 | | (40 ILCS 5/14-147.5) | 11 | | Sec. 14-147.5. Accelerated pension benefit payment in lieu | 12 | | of any pension benefit. | 13 | | (a) As used in this Section: | 14 | | "Eligible person" means a person who: | 15 | | (1) has terminated service; | 16 | | (2) has accrued sufficient service credit to be | 17 | | eligible to receive a retirement annuity under this | 18 | | Article; | 19 | | (3) has not received any retirement annuity under this | 20 | | Article; and | 21 | | (4) has not made the election under Section 14-147.6. | 22 | | "Pension benefit" means the benefits under this Article, or | 23 | | Article 1 as it relates to those benefits, including any | 24 | | anticipated annual increases, that an eligible person is | 25 | | entitled to upon attainment of the applicable retirement age. |
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| 1 | | "Pension benefit" also includes applicable survivor's or | 2 | | disability benefits. | 3 | | (b) As soon as practical after the effective date of this | 4 | | amendatory Act of the 100th General Assembly, the System shall | 5 | | calculate, using actuarial tables and other assumptions | 6 | | adopted by the Board, the present value of pension benefits for | 7 | | each eligible person who requests that information and shall | 8 | | offer each eligible person the opportunity to irrevocably elect | 9 | | to receive an amount determined by the System to be equal to | 10 | | 60% of the present value of his or her pension benefits in lieu | 11 | | of receiving any pension benefit. The offer shall specify the | 12 | | dollar amount that the eligible person will receive if he or | 13 | | she so elects and shall expire when a subsequent offer is made | 14 | | to an eligible person. An eligible person is limited to one | 15 | | calculation and offer per calendar year. The System shall make | 16 | | a good faith effort to contact every eligible person to notify | 17 | | him or her of the election. | 18 | | Until June 30, 2024 2021 , an eligible person may | 19 | | irrevocably elect to receive an accelerated pension benefit | 20 | | payment in the amount that the System offers under this | 21 | | subsection in lieu of receiving any pension benefit. A person | 22 | | who elects to receive an accelerated pension benefit payment | 23 | | under this Section may not elect to proceed under the | 24 | | Retirement Systems Reciprocal Act with respect to service under | 25 | | this Article. | 26 | | (c) A person's creditable service under this Article shall |
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| 1 | | be terminated upon the person's receipt of an accelerated | 2 | | pension benefit payment under this Section, and no other | 3 | | benefit shall be paid under this Article based on the | 4 | | terminated creditable service, including any retirement, | 5 | | survivor, or other benefit; except that to the extent that | 6 | | participation, benefits, or premiums under the State Employees | 7 | | Group Insurance Act of 1971 are based on the amount of service | 8 | | credit, the terminated service credit shall be used for that | 9 | | purpose. | 10 | | (d) If a person who has received an accelerated pension | 11 | | benefit payment under this Section returns to active service | 12 | | under this Article, then: | 13 | | (1) Any benefits under the System earned as a result of | 14 | | that return to active service shall be based solely on the | 15 | | person's creditable service arising from the return to | 16 | | active service. | 17 | | (2) The accelerated pension benefit payment may not be | 18 | | repaid to the System, and the terminated creditable service | 19 | | may not under any circumstances be reinstated. | 20 | | (e) As a condition of receiving an accelerated pension | 21 | | benefit payment, the accelerated pension benefit payment must | 22 | | be transferred into a tax qualified retirement plan or account. | 23 | | The accelerated pension benefit payment under this Section may | 24 | | be subject to withholding or payment of applicable taxes, but | 25 | | to the extent permitted by federal law, a person who receives | 26 | | an accelerated pension benefit payment under this Section must |
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| 1 | | direct the System to pay all of that payment as a rollover into | 2 | | another retirement plan or account qualified under the Internal | 3 | | Revenue Code of 1986, as amended. | 4 | | (f) Upon receipt of a member's irrevocable election to | 5 | | receive an accelerated pension benefit payment under this | 6 | | Section, the System shall submit a voucher to the Comptroller | 7 | | for payment of the member's accelerated pension benefit | 8 | | payment. The Comptroller shall transfer the amount of the | 9 | | voucher from the State Pension Obligation
Acceleration Bond | 10 | | Fund to the System, and the System shall transfer the amount | 11 | | into the member's eligible retirement plan or qualified | 12 | | account. | 13 | | (g) The Board shall adopt any rules, including emergency | 14 | | rules, necessary to implement this Section. | 15 | | (h) No provision of this Section shall be interpreted in a | 16 | | way that would cause the applicable System to cease to be a | 17 | | qualified plan under the Internal Revenue Code of 1986.
| 18 | | (Source: P.A. 100-587, eff. 6-4-18.) | 19 | | (40 ILCS 5/14-147.6) | 20 | | Sec. 14-147.6. Accelerated pension benefit payment for a | 21 | | reduction in annual retirement annuity and survivor's annuity | 22 | | increases. | 23 | | (a) As used in this Section: | 24 | | "Accelerated pension benefit payment" means a lump sum | 25 | | payment equal to 70% of the difference of the present value of |
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| 1 | | the automatic annual increases to a Tier 1 member's retirement | 2 | | annuity and survivor's annuity using the formula applicable to | 3 | | the Tier 1 member and the present value of the automatic annual | 4 | | increases to the Tier 1 member's retirement annuity using the | 5 | | formula provided under subsection (b-5) and survivor's annuity | 6 | | using the formula provided under subsection (b-6). | 7 | | "Eligible person" means a person who: | 8 | | (1) is a Tier 1 member; | 9 | | (2) has submitted an application for a retirement | 10 | | annuity under this Article; | 11 | | (3) meets the age and service requirements for | 12 | | receiving a retirement annuity under this Article; | 13 | | (4) has not received any retirement annuity under this | 14 | | Article; and | 15 | | (5) has not made the election under Section 14-147.5. | 16 | | (b) As soon as practical after the effective date of this | 17 | | amendatory Act of the 100th General Assembly and until June 30, | 18 | | 2024 2021 , the System shall implement an accelerated pension | 19 | | benefit payment option for eligible persons. Upon the request | 20 | | of an eligible person, the System shall calculate, using | 21 | | actuarial tables and other assumptions adopted by the Board, an | 22 | | accelerated pension benefit payment amount and shall offer that | 23 | | eligible person the opportunity to irrevocably elect to have | 24 | | his or her automatic annual increases in retirement annuity | 25 | | calculated in accordance with the formula provided under | 26 | | subsection (b-5) and any increases in survivor's annuity |
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| 1 | | payable to his or her survivor's annuity beneficiary calculated | 2 | | in accordance with the formula provided under subsection (b-6) | 3 | | in exchange for the accelerated pension benefit payment. The | 4 | | election under this subsection must be made before the eligible | 5 | | person receives the first payment of a retirement annuity | 6 | | otherwise payable under this Article. | 7 | | (b-5) Notwithstanding any other provision of law, the | 8 | | retirement annuity of a person who made the election under | 9 | | subsection (b) shall be subject to annual increases on the | 10 | | January 1 occurring either on or after the attainment of age 67 | 11 | | or the first anniversary of the annuity start date, whichever | 12 | | is later. Each annual increase shall be calculated at 1.5% of | 13 | | the originally granted retirement annuity. | 14 | | (b-6) Notwithstanding any other provision of law, a | 15 | | survivor's annuity payable to a survivor's annuity beneficiary | 16 | | of a person who made the election under subsection (b) shall be | 17 | | subject to annual increases on the January 1 occurring on or | 18 | | after the first anniversary of the commencement of the annuity. | 19 | | Each annual increase shall be calculated at 1.5% of the | 20 | | originally granted survivor's annuity. | 21 | | (c) If a person who has received an accelerated pension | 22 | | benefit payment returns to active service under this Article, | 23 | | then: | 24 | | (1) the calculation of any future automatic annual | 25 | | increase in retirement annuity shall be calculated in | 26 | | accordance with the formula provided under subsection |
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| 1 | | (b-5); and | 2 | | (2) the accelerated pension benefit payment may not be | 3 | | repaid to the System. | 4 | | (d) As a condition of receiving an accelerated pension | 5 | | benefit payment, the accelerated pension benefit payment must | 6 | | be transferred into a tax qualified retirement plan or account. | 7 | | The accelerated pension benefit payment under this Section may | 8 | | be subject to withholding or payment of applicable taxes, but | 9 | | to the extent permitted by federal law, a person who receives | 10 | | an accelerated pension benefit payment under this Section must | 11 | | direct the System to pay all of that payment as a rollover into | 12 | | another retirement plan or account qualified under the Internal | 13 | | Revenue Code of 1986, as amended. | 14 | | (d-5) Upon receipt of a member's irrevocable election to | 15 | | receive an accelerated pension benefit payment under this | 16 | | Section, the System shall submit a voucher to the Comptroller | 17 | | for payment of the member's accelerated pension benefit | 18 | | payment. The Comptroller shall transfer the amount of the | 19 | | voucher to the System, and the System shall transfer the amount | 20 | | into a member's eligible retirement plan or qualified account. | 21 | | (e) The Board shall adopt any rules, including emergency | 22 | | rules, necessary to implement this Section. | 23 | | (f) No provision of this Section shall be interpreted in a | 24 | | way that would cause the applicable System to cease to be a | 25 | | qualified plan under the Internal Revenue Code of 1986.
| 26 | | (Source: P.A. 100-587, eff. 6-4-18.) |
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| 1 | | (40 ILCS 5/14-152.1) | 2 | | Sec. 14-152.1. Application and expiration of new benefit | 3 | | increases. | 4 | | (a) As used in this Section, "new benefit increase" means | 5 | | an increase in the amount of any benefit provided under this | 6 | | Article, or an expansion of the conditions of eligibility for | 7 | | any benefit under this Article, that results from an amendment | 8 | | to this Code that takes effect after June 1, 2005 (the | 9 | | effective date of Public Act 94-4). "New benefit increase", | 10 | | however, does not include any benefit increase resulting from | 11 | | the changes made to Article 1 or this Article by Public Act | 12 | | 96-37, Public Act 100-23, Public Act 100-587, Public Act | 13 | | 100-611, or this amendatory Act of the 101st General Assembly | 14 | | or this amendatory Act of the 100th General Assembly .
| 15 | | (b) Notwithstanding any other provision of this Code or any | 16 | | subsequent amendment to this Code, every new benefit increase | 17 | | is subject to this Section and shall be deemed to be granted | 18 | | only in conformance with and contingent upon compliance with | 19 | | the provisions of this Section.
| 20 | | (c) The Public Act enacting a new benefit increase must | 21 | | identify and provide for payment to the System of additional | 22 | | funding at least sufficient to fund the resulting annual | 23 | | increase in cost to the System as it accrues. | 24 | | Every new benefit increase is contingent upon the General | 25 | | Assembly providing the additional funding required under this |
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| 1 | | subsection. The Commission on Government Forecasting and | 2 | | Accountability shall analyze whether adequate additional | 3 | | funding has been provided for the new benefit increase and | 4 | | shall report its analysis to the Public Pension Division of the | 5 | | Department of Insurance. A new benefit increase created by a | 6 | | Public Act that does not include the additional funding | 7 | | required under this subsection is null and void. If the Public | 8 | | Pension Division determines that the additional funding | 9 | | provided for a new benefit increase under this subsection is or | 10 | | has become inadequate, it may so certify to the Governor and | 11 | | the State Comptroller and, in the absence of corrective action | 12 | | by the General Assembly, the new benefit increase shall expire | 13 | | at the end of the fiscal year in which the certification is | 14 | | made.
| 15 | | (d) Every new benefit increase shall expire 5 years after | 16 | | its effective date or on such earlier date as may be specified | 17 | | in the language enacting the new benefit increase or provided | 18 | | under subsection (c). This does not prevent the General | 19 | | Assembly from extending or re-creating a new benefit increase | 20 | | by law. | 21 | | (e) Except as otherwise provided in the language creating | 22 | | the new benefit increase, a new benefit increase that expires | 23 | | under this Section continues to apply to persons who applied | 24 | | and qualified for the affected benefit while the new benefit | 25 | | increase was in effect and to the affected beneficiaries and | 26 | | alternate payees of such persons, but does not apply to any |
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| 1 | | other person, including without limitation a person who | 2 | | continues in service after the expiration date and did not | 3 | | apply and qualify for the affected benefit while the new | 4 | | benefit increase was in effect.
| 5 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | 6 | | 100-611, eff. 7-20-18; revised 7-25-18.)
| 7 | | (40 ILCS 5/15-120) (from Ch. 108 1/2, par. 15-120)
| 8 | | Sec. 15-120.
Beneficiary; survivor annuitant under | 9 | | portable benefit
package. "Beneficiary": The person or persons | 10 | | designated
by the participant or annuitant in the last written | 11 | | designation on file
with the board; or if no person so | 12 | | designated survives, or if no designation
is on file, the | 13 | | estate of the participant or annuitant. Acceptance by the
| 14 | | participant of a refund of accumulated contributions or an | 15 | | accelerated pension benefit payment under Section 15-185.5
| 16 | | shall result in cancellation of all beneficiary designations | 17 | | previously
filed. A spouse whose marriage was dissolved shall | 18 | | be disqualified
as beneficiary unless the spouse was designated | 19 | | as beneficiary after the
effective date of the dissolution of | 20 | | marriage.
| 21 | | After a joint and survivor annuity commences under the | 22 | | portable benefit
package, the survivor annuitant of a joint and | 23 | | survivor annuity is not
disqualified, and may not be removed, | 24 | | as the survivor annuitant by a
dissolution of the survivor's | 25 | | marriage with the participant or annuitant.
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| 1 | | (Source: P.A. 91-887, eff. 7-6-00.)
| 2 | | (40 ILCS 5/15-135) (from Ch. 108 1/2, par. 15-135)
| 3 | | Sec. 15-135. Retirement annuities - Conditions.
| 4 | | (a) This subsection (a) applies only to a Tier 1 member. A | 5 | | participant who retires in one of the following specified years | 6 | | with
the specified amount of service is entitled to a | 7 | | retirement annuity at any age
under the retirement program | 8 | | applicable to the participant:
| 9 | | 35 years if retirement is in 1997 or before;
| 10 | | 34 years if retirement is in 1998;
| 11 | | 33 years if retirement is in 1999;
| 12 | | 32 years if retirement is in 2000;
| 13 | | 31 years if retirement is in 2001;
| 14 | | 30 years if retirement is in 2002 or later.
| 15 | | A participant with 8 or more years of service after | 16 | | September 1, 1941, is
entitled to a retirement annuity on or | 17 | | after attainment of age 55.
| 18 | | A participant with at least 5 but less than 8 years
of | 19 | | service after September 1, 1941, is entitled to a retirement | 20 | | annuity on
or after attainment of age 62.
| 21 | | A participant who has at least 25 years of service in this | 22 | | system as a
police officer or firefighter is entitled to a | 23 | | retirement
annuity on or after the attainment of age 50, if | 24 | | Rule 4 of Section
15-136 is applicable to the participant.
| 25 | | (a-5) A Tier 2 member is entitled to a retirement annuity |
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| 1 | | upon written application if he or she has attained age 67 and | 2 | | has at least 10 years of service credit and is otherwise | 3 | | eligible under the requirements of this Article. A Tier 2 | 4 | | member who has attained age 62 and has at least 10 years of | 5 | | service credit and is otherwise eligible under the requirements | 6 | | of this Article may elect to receive the lower retirement | 7 | | annuity provided in subsection (b-5) of Section 15-136 of this | 8 | | Article. | 9 | | (a-10) A Tier 2 member who has at least 20 years of service | 10 | | in this system as a police officer or firefighter is entitled | 11 | | to a retirement annuity upon written application on or after | 12 | | the attainment of age 60, if Rule 4 of Section 15-136 is | 13 | | applicable to the participant. The changes made to this | 14 | | subsection by this amendatory Act of the 101st General Assembly | 15 | | apply retroactively to January 1, 2011. | 16 | | (b) The annuity payment period shall begin on the date | 17 | | specified by the
participant or the recipient of a disability | 18 | | retirement annuity submitting a written application. For a | 19 | | participant, the date on which the annuity payment period | 20 | | begins shall not be prior
to termination of employment or more | 21 | | than one year before the application is
received by the board; | 22 | | however, if the participant is not an employee of an
employer | 23 | | participating in this System or in a participating system as | 24 | | defined
in Article 20 of this Code on April 1 of the calendar | 25 | | year next following
the calendar year in which the participant | 26 | | attains age 70 1/2, the annuity
payment period shall begin on |
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| 1 | | that date regardless of whether an application
has been filed. | 2 | | For a recipient of a disability retirement annuity, the date on | 3 | | which the annuity payment period begins shall not be prior to | 4 | | the discontinuation of the disability retirement annuity under | 5 | | Section 15-153.2.
| 6 | | (c) An annuity is not payable if the amount provided under | 7 | | Section
15-136 is less than $10 per month.
| 8 | | (Source: P.A. 100-556, eff. 12-8-17.)
| 9 | | (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
| 10 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 11 | | which has been held unconstitutional)
| 12 | | Sec. 15-136. Retirement annuities - Amount. The provisions | 13 | | of this
Section 15-136 apply only to those participants who are | 14 | | participating in the
traditional benefit package or the | 15 | | portable benefit package and do not
apply to participants who | 16 | | are participating in the self-managed plan.
| 17 | | (a) The amount of a participant's retirement annuity, | 18 | | expressed in the form
of a single-life annuity, shall be | 19 | | determined by whichever of the following
rules is applicable | 20 | | and provides the largest annuity:
| 21 | | Rule 1: The retirement annuity shall be 1.67% of final rate | 22 | | of earnings for
each of the first 10 years of service, 1.90% | 23 | | for each of the next 10 years of
service, 2.10% for each year | 24 | | of service in excess of 20 but not exceeding 30,
and 2.30% for | 25 | | each year in excess of 30; or for persons who retire on or
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| 1 | | after January 1, 1998, 2.2% of the final rate of earnings for | 2 | | each year of
service.
| 3 | | Rule 2: The retirement annuity shall be the sum of the | 4 | | following,
determined from amounts credited to the participant | 5 | | in accordance with the
actuarial tables and the effective rate | 6 | | of interest in effect at the
time the retirement annuity | 7 | | begins:
| 8 | | (i) the normal annuity which can be provided on an | 9 | | actuarially
equivalent basis, by the accumulated normal | 10 | | contributions as of
the date the annuity begins;
| 11 | | (ii) an annuity from employer contributions of an | 12 | | amount equal to that
which can be provided on an | 13 | | actuarially equivalent basis from the accumulated
normal | 14 | | contributions made by the participant under Section | 15 | | 15-113.6 and Section
15-113.7 plus 1.4 times all other | 16 | | accumulated normal contributions made by
the participant; | 17 | | and
| 18 | | (iii) the annuity that can be provided on an | 19 | | actuarially equivalent basis
from the entire contribution | 20 | | made by the participant under Section 15-113.3.
| 21 | | With respect to a police officer or firefighter who retires | 22 | | on or after
August 14, 1998, the accumulated normal | 23 | | contributions taken into account under
clauses (i) and (ii) of | 24 | | this Rule 2 shall include the additional normal
contributions | 25 | | made by the police officer or firefighter under Section
| 26 | | 15-157(a).
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| 1 | | The amount of a retirement annuity calculated under this | 2 | | Rule 2 shall
be computed solely on the basis of the | 3 | | participant's accumulated normal
contributions, as specified | 4 | | in this Rule and defined in Section 15-116.
Neither an employee | 5 | | or employer contribution for early retirement under
Section | 6 | | 15-136.2 nor any other employer contribution shall be used in | 7 | | the
calculation of the amount of a retirement annuity under | 8 | | this Rule 2.
| 9 | | This amendatory Act of the 91st General Assembly is a | 10 | | clarification of
existing law and applies to every participant | 11 | | and annuitant without regard to
whether status as an employee | 12 | | terminates before the effective date of this
amendatory Act.
| 13 | | This Rule 2 does not apply to a person who first becomes an | 14 | | employee under this Article on or after July 1, 2005.
| 15 | | Rule 3: The retirement annuity of a participant who is | 16 | | employed
at least one-half time during the period on which his | 17 | | or her final rate of
earnings is based, shall be equal to the | 18 | | participant's years of service
not to exceed 30, multiplied by | 19 | | (1) $96 if the participant's final rate
of earnings is less | 20 | | than $3,500, (2) $108 if the final rate of earnings is
at least | 21 | | $3,500 but less than $4,500, (3) $120 if the final rate of | 22 | | earnings
is at least $4,500 but less than $5,500, (4) $132 if | 23 | | the final rate
of earnings is at least $5,500 but less than | 24 | | $6,500, (5)
$144 if the final rate of earnings is at least | 25 | | $6,500 but less than
$7,500, (6) $156 if the final rate of | 26 | | earnings is at least $7,500 but less
than $8,500, (7) $168 if |
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| 1 | | the final rate of earnings is at least $8,500 but
less than | 2 | | $9,500, and (8) $180 if the final rate of earnings is $9,500 or
| 3 | | more, except that the annuity for those persons having made an | 4 | | election under
Section 15-154(a-1) shall be calculated and | 5 | | payable under the portable
retirement benefit program pursuant | 6 | | to the provisions of Section 15-136.4.
| 7 | | Rule 4: A participant who is at least age 50 and has 25 or | 8 | | more years of
service as a police officer or firefighter, and a | 9 | | participant who is age 55 or
over and has at least 20 but less | 10 | | than 25 years of service as a police officer
or firefighter, | 11 | | shall be entitled to a retirement annuity of 2 1/4% of the
| 12 | | final rate of earnings for each of the first 10 years of | 13 | | service as a police
officer or firefighter, 2 1/2% for each of | 14 | | the next 10 years of service as a
police officer or | 15 | | firefighter, and 2 3/4% for each year of service as a police
| 16 | | officer or firefighter in excess of 20. The retirement annuity | 17 | | for all other
service shall be computed under Rule 1. A Tier 2 | 18 | | member is eligible for a retirement annuity calculated under | 19 | | Rule 4 only if that Tier 2 member meets the service | 20 | | requirements for that benefit calculation as prescribed under | 21 | | this Rule 4 in addition to the applicable age requirement under | 22 | | subsection (a-10) (a-5) of Section 15-135.
| 23 | | For purposes of this Rule 4, a participant's service as a | 24 | | firefighter
shall also include the following:
| 25 | | (i) service that is performed while the person is an | 26 | | employee under
subsection (h) of Section 15-107; and
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| 1 | | (ii) in the case of an individual who was a | 2 | | participating employee
employed in the fire department of | 3 | | the University of Illinois's
Champaign-Urbana campus | 4 | | immediately prior to the elimination of that fire
| 5 | | department and who immediately after the elimination of | 6 | | that fire department
transferred to another job with the | 7 | | University of Illinois, service performed
as an employee of | 8 | | the University of Illinois in a position other than police
| 9 | | officer or firefighter, from the date of that transfer | 10 | | until the employee's
next termination of service with the | 11 | | University of Illinois.
| 12 | | (b) For a Tier 1 member, the retirement annuity provided | 13 | | under Rules 1 and 3 above shall be
reduced by 1/2 of 1% for each | 14 | | month the participant is under age 60 at the
time of | 15 | | retirement. However, this reduction shall not apply in the | 16 | | following
cases:
| 17 | | (1) For a disabled participant whose disability | 18 | | benefits have been
discontinued because he or she has | 19 | | exhausted eligibility for disability
benefits under clause | 20 | | (6) of Section 15-152;
| 21 | | (2) For a participant who has at least the number of | 22 | | years of service
required to retire at any age under | 23 | | subsection (a) of Section 15-135; or
| 24 | | (3) For that portion of a retirement annuity which has | 25 | | been provided on
account of service of the participant | 26 | | during periods when he or she performed
the duties of a |
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| 1 | | police officer or firefighter, if these duties were | 2 | | performed
for at least 5 years immediately preceding the | 3 | | date the retirement annuity
is to begin.
| 4 | | (b-5) The retirement annuity of a Tier 2 member who is | 5 | | retiring under Rule 1 or 3 after attaining age 62 with at least | 6 | | 10 years of service credit shall be reduced by 1/2 of 1% for | 7 | | each full month that the member's age is under age 67. | 8 | | (c) The maximum retirement annuity provided under Rules 1, | 9 | | 2, 4,
and 5
shall be the lesser of (1) the annual limit of | 10 | | benefits as specified in
Section 415 of the Internal Revenue | 11 | | Code of 1986, as such Section may be
amended from time to time | 12 | | and as such benefit limits shall be adjusted by
the | 13 | | Commissioner of Internal Revenue, and (2) 80% of final rate of
| 14 | | earnings.
| 15 | | (d) A Tier 1 member whose status as an employee terminates | 16 | | after August 14,
1969 shall receive automatic increases in his | 17 | | or her retirement annuity as
follows:
| 18 | | Effective January 1 immediately following the date the | 19 | | retirement annuity
begins, the annuitant shall receive an | 20 | | increase in his or her monthly
retirement annuity of 0.125% of | 21 | | the monthly retirement annuity provided under
Rule 1, Rule 2, | 22 | | Rule 3, or Rule 4 contained in this
Section, multiplied by
the | 23 | | number of full months which elapsed from the date the | 24 | | retirement annuity
payments began to January 1, 1972, plus | 25 | | 0.1667% of such annuity, multiplied by
the number of full | 26 | | months which elapsed from January 1, 1972, or the date the
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| 1 | | retirement annuity payments began, whichever is later, to | 2 | | January 1, 1978, plus
0.25% of such annuity multiplied by the | 3 | | number of full months which elapsed
from January 1, 1978, or | 4 | | the date the retirement annuity payments began,
whichever is | 5 | | later, to the effective date of the increase.
| 6 | | The annuitant shall receive an increase in his or her | 7 | | monthly retirement
annuity on each January 1 thereafter during | 8 | | the annuitant's life of 3% of
the monthly annuity provided | 9 | | under Rule 1, Rule 2, Rule 3, or Rule 4 contained
in this | 10 | | Section. The change made under this subsection by P.A. 81-970 | 11 | | is
effective January 1, 1980 and applies to each annuitant | 12 | | whose status as
an employee terminates before or after that | 13 | | date.
| 14 | | Beginning January 1, 1990, all automatic annual increases | 15 | | payable under
this Section shall be calculated as a percentage | 16 | | of the total annuity
payable at the time of the increase, | 17 | | including all increases previously
granted under this Article.
| 18 | | The change made in this subsection by P.A. 85-1008 is | 19 | | effective January
26, 1988, and is applicable without regard to | 20 | | whether status as an employee
terminated before that date.
| 21 | | (d-5) A retirement annuity of a Tier 2 member shall receive | 22 | | annual increases on the January 1 occurring either on or after | 23 | | the attainment of age 67 or the first anniversary of the | 24 | | annuity start date, whichever is later. Each annual increase | 25 | | shall be calculated at 3% or one half the annual unadjusted | 26 | | percentage increase (but not less than zero) in the consumer |
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| 1 | | price index-u for the 12 months ending with the September | 2 | | preceding each November 1, whichever is less, of the originally | 3 | | granted retirement annuity. If the annual unadjusted | 4 | | percentage change in the consumer price index-u for the 12 | 5 | | months ending with the September preceding each November 1 is | 6 | | zero or there is a decrease, then the annuity shall not be | 7 | | increased. | 8 | | (e) If, on January 1, 1987, or the date the retirement | 9 | | annuity payment
period begins, whichever is later, the sum of | 10 | | the retirement annuity
provided under Rule 1 or Rule 2 of this | 11 | | Section
and the automatic annual increases provided under the | 12 | | preceding subsection
or Section 15-136.1, amounts to less than | 13 | | the retirement
annuity which would be provided by Rule 3, the | 14 | | retirement
annuity shall be increased as of January 1, 1987, or | 15 | | the date the
retirement annuity payment period begins, | 16 | | whichever is later, to the amount
which would be provided by | 17 | | Rule 3 of this Section. Such increased
amount shall be | 18 | | considered as the retirement annuity in determining
benefits | 19 | | provided under other Sections of this Article. This paragraph
| 20 | | applies without regard to whether status as an employee | 21 | | terminated before the
effective date of this amendatory Act of | 22 | | 1987, provided that the annuitant was
employed at least | 23 | | one-half time during the period on which the final rate of
| 24 | | earnings was based.
| 25 | | (f) A participant is entitled to such additional annuity as | 26 | | may be provided
on an actuarially equivalent basis, by any |
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| 1 | | accumulated
additional contributions to his or her credit. | 2 | | However,
the additional contributions made by the participant | 3 | | toward the automatic
increases in annuity provided under this | 4 | | Section shall not be taken into
account in determining the | 5 | | amount of such additional annuity.
| 6 | | (g) If, (1) by law, a function of a governmental unit, as | 7 | | defined by Section
20-107 of this Code, is transferred in whole | 8 | | or in part to an employer, and (2)
a participant transfers | 9 | | employment from such governmental unit to such employer
within | 10 | | 6 months after the transfer of the function, and (3) the sum of | 11 | | (A) the
annuity payable to the participant under Rule 1, 2, or | 12 | | 3 of this Section (B)
all proportional annuities payable to the | 13 | | participant by all other retirement
systems covered by Article | 14 | | 20, and (C) the initial primary insurance amount to
which the | 15 | | participant is entitled under the Social Security Act, is less | 16 | | than
the retirement annuity which would have been payable if | 17 | | all of the
participant's pension credits validated under | 18 | | Section 20-109 had been validated
under this system, a | 19 | | supplemental annuity equal to the difference in such
amounts | 20 | | shall be payable to the participant.
| 21 | | (h) On January 1, 1981, an annuitant who was receiving
a | 22 | | retirement annuity on or before January 1, 1971 shall have his | 23 | | or her
retirement annuity then being paid increased $1 per | 24 | | month for
each year of creditable service. On January 1, 1982, | 25 | | an annuitant whose
retirement annuity began on or before | 26 | | January 1, 1977, shall have his or her
retirement annuity then |
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| 1 | | being paid increased $1 per month for each year of
creditable | 2 | | service.
| 3 | | (i) On January 1, 1987, any annuitant whose retirement | 4 | | annuity began on or
before January 1, 1977, shall have the | 5 | | monthly retirement annuity increased by
an amount equal to 8˘ | 6 | | per year of creditable service times the number of years
that | 7 | | have elapsed since the annuity began.
| 8 | | (j) The changes made to this Section by this amendatory Act | 9 | | of the 101st General Assembly apply retroactively to January 1, | 10 | | 2011. | 11 | | (Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12; | 12 | | 98-92, eff. 7-16-13.)
| 13 | | (40 ILCS 5/15-159) (from Ch. 108 1/2, par. 15-159)
| 14 | | Sec. 15-159. Board created. | 15 | | (a) A board of trustees constituted as provided in
this | 16 | | Section shall administer this System. The board shall be known | 17 | | as the
Board of Trustees of the State Universities Retirement | 18 | | System.
| 19 | | (b) (Blank).
| 20 | | (c) (Blank).
| 21 | | (d) Beginning on the 90th day after April 3, 2009 (the | 22 | | effective date of Public Act 96-6), the Board of Trustees shall | 23 | | be constituted as follows: | 24 | | (1) The Chairperson of the Board of Higher Education , | 25 | | who shall act as chairperson of this Board . |
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| 1 | | (2) Four trustees appointed by the Governor with the | 2 | | advice and consent of the Senate who may not be members of | 3 | | the system or hold an elective State office and who shall | 4 | | serve for a term of 6 years, except that the terms of the | 5 | | initial appointees under this subsection (d) shall be as | 6 | | follows: 2 for a term of 3 years and 2 for a term of 6 | 7 | | years. The Governor shall appoint a trustee under this | 8 | | paragraph to act as chairperson of the Board. | 9 | | (3) Four active participants of the system to be | 10 | | elected from the contributing membership of the system by | 11 | | the
contributing members, no more than 2 of which may be | 12 | | from any of the University of Illinois campuses, who shall | 13 | | serve for a term of 6 years, except that the terms of the | 14 | | initial electees shall be as follows: 2 for a term of 3 | 15 | | years and 2 for a term of 6 years. | 16 | | (4) Two annuitants of
the system who have been | 17 | | annuitants for at least one full year, to be
elected from | 18 | | and by the annuitants of the system, no more than one of | 19 | | which may be from any of the University of Illinois | 20 | | campuses, who shall serve for a term of 6 years, except | 21 | | that the terms of the initial electees shall be as follows: | 22 | | one for a term of 3 years and one for a term of 6 years. | 23 | | For the purposes of this Section, the Governor may make a | 24 | | nomination and the Senate may confirm the nominee in advance of | 25 | | the commencement of the nominee's term of office. | 26 | | (e) The 6 elected trustees shall be elected within 90 days |
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| 1 | | after April 3, 2009 (the effective date of Public Act 96-6) for | 2 | | a term beginning on the 90th day after that effective date. | 3 | | Trustees shall be elected thereafter as terms expire for a | 4 | | 6-year term beginning July 15 next following their election, | 5 | | and such election shall be held on May 1, or on May 2 when May 1 | 6 | | falls on a Sunday. The board may establish rules for the | 7 | | election of trustees to implement the provisions of Public Act | 8 | | 96-6 and for future elections. Candidates for the participating | 9 | | trustee shall be nominated by petitions in writing, signed by | 10 | | not less than 400 participants with their addresses shown | 11 | | opposite their names. Candidates for the annuitant trustee | 12 | | shall be nominated by petitions in writing, signed by not less | 13 | | than 100 annuitants with their addresses shown opposite their | 14 | | names. If there is more than one qualified nominee for each | 15 | | elected trustee, then the board shall conduct a secret ballot | 16 | | election by mail for that trustee, in accordance with rules as | 17 | | established by the board. If there is only one qualified person | 18 | | nominated by petition for each elected trustee, then the | 19 | | election as required by this Section shall not be conducted for | 20 | | that trustee and the board shall declare such nominee duly | 21 | | elected. A vacancy occurring in the elective membership of the | 22 | | board shall be filled for the unexpired term by the elected | 23 | | trustees serving on the board for the remainder of the term. | 24 | | Nothing in this subsection shall preclude the adoption of rules | 25 | | providing for internet or phone balloting in addition, or as an | 26 | | alternative, to election by mail. |
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| 1 | | (f) A vacancy in the appointed membership on the board of | 2 | | trustees caused by resignation,
death, expiration of term of | 3 | | office, or other reason shall be filled by a
qualified person | 4 | | appointed by the Governor for the remainder of the unexpired
| 5 | | term.
| 6 | | (g) Trustees (other than the trustees incumbent on June 30, | 7 | | 1995 or as provided in subsection (c) of this Section)
shall | 8 | | continue in office until their respective successors are | 9 | | appointed
and have qualified, except that a trustee appointed | 10 | | to one of the
participant positions shall be disqualified | 11 | | immediately upon the termination of
his or her status as a | 12 | | participant and a trustee appointed to one of the
annuitant | 13 | | positions shall be disqualified immediately upon the | 14 | | termination of
his or her status as an annuitant receiving a | 15 | | retirement annuity.
| 16 | | (h) Each trustee must take an oath of office
before a | 17 | | notary public of this State and shall qualify as a trustee upon | 18 | | the
presentation to the board of a certified copy of the oath. | 19 | | The oath must state
that the person will diligently and | 20 | | honestly administer the affairs of the
retirement system, and | 21 | | will not knowingly violate or willfully permit to be
violated | 22 | | any provisions of this Article.
| 23 | | Each trustee shall serve without compensation but shall be | 24 | | reimbursed for
expenses necessarily incurred in attending | 25 | | board meetings and carrying out his
or her duties as a trustee | 26 | | or officer of the system.
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| 1 | | (Source: P.A. 98-92, eff. 7-16-13.)
| 2 | | (40 ILCS 5/15-185.5) | 3 | | Sec. 15-185.5. Accelerated pension benefit payment in lieu | 4 | | of any pension benefit. | 5 | | (a) As used in this Section: | 6 | | "Eligible person" means a person who: | 7 | | (1) has terminated service; | 8 | | (2) has accrued sufficient service credit to be | 9 | | eligible to receive a retirement annuity under this | 10 | | Article; | 11 | | (3) has not received any retirement annuity under this | 12 | | Article; | 13 | | (4) has not made the election under Section 15-185.6; | 14 | | and | 15 | | (5) is not a participant in the self-managed plan under | 16 | | Section 15-158.2. | 17 | | "Implementation date" means the earliest date upon which | 18 | | the Board authorizes eligible persons to begin irrevocably | 19 | | electing the accelerated pension benefit payment option under | 20 | | this Section. The Board shall endeavor to make such | 21 | | participation available as soon as possible after the effective | 22 | | date of this amendatory Act of the 100th General Assembly and | 23 | | shall establish an implementation date by Board resolution. | 24 | | "Pension benefit" means the benefits under this Article, or | 25 | | Article 1 as it relates to those benefits, including any |
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| 1 | | anticipated annual increases, that an eligible person is | 2 | | entitled to upon attainment of the applicable retirement age. | 3 | | "Pension benefit" also includes applicable survivors benefits, | 4 | | disability benefits, or disability retirement annuity | 5 | | benefits. | 6 | | (b) Beginning on the implementation date, the System shall | 7 | | offer each eligible person the opportunity to irrevocably elect | 8 | | to receive an amount determined by the System to be equal to | 9 | | 60% of the present value of his or her pension benefits in lieu | 10 | | of receiving any pension benefit. The System shall calculate, | 11 | | using actuarial tables and other assumptions adopted by the | 12 | | Board, the present value of pension benefits for each eligible | 13 | | person upon his or her request in writing to the System. The | 14 | | System shall not perform more than one calculation per eligible | 15 | | member in a State fiscal year. The offer shall specify the | 16 | | dollar amount that the eligible person will receive if he or | 17 | | she so elects and shall expire when a subsequent offer is made | 18 | | to an eligible person. The System shall make a good faith | 19 | | effort to contact every eligible person to notify him or her of | 20 | | the election. | 21 | | Beginning on the implementation date and until June 30, | 22 | | 2024 2021 , an eligible person may irrevocably elect to receive | 23 | | an accelerated pension benefit payment in the amount that the | 24 | | System offers under this subsection in lieu of receiving any | 25 | | pension benefit. A person who elects to receive an accelerated | 26 | | pension benefit payment under this Section may not elect to |
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| 1 | | proceed under the Retirement Systems Reciprocal Act with | 2 | | respect to service under this Article. | 3 | | (c) Upon payment of an accelerated pension benefit payment | 4 | | under this Section, the person forfeits all accrued rights and | 5 | | credits in the System and no other benefit shall be paid under | 6 | | this Article based on those forfeited rights and credits, | 7 | | including any retirement, survivor, or other benefit; except | 8 | | that to the extent that participation, benefits, or premiums | 9 | | under the State Employees Group Insurance Act of 1971 are based | 10 | | on the amount of service credit, the terminated service credit | 11 | | shall be used for that purpose. | 12 | | (d) If a person who has received an accelerated pension | 13 | | benefit payment under this Section returns to participation | 14 | | under this Article, any benefits under the System earned as a | 15 | | result of that return to participation shall be based solely on | 16 | | the person's credits and creditable service arising from the | 17 | | return to participation. Upon return to participation, the | 18 | | person shall be considered a new employee subject to all the | 19 | | qualifying conditions for participation and eligibility for | 20 | | benefits applicable to new employees. | 21 | | (d-5) The accelerated pension benefit payment may not be | 22 | | repaid to the System, and the forfeited rights and credits may | 23 | | not under any circumstances be reinstated. | 24 | | (e) As a condition of receiving an accelerated pension | 25 | | benefit payment, the accelerated pension benefit payment must | 26 | | be deposited into a tax qualified retirement plan or account |
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| 1 | | identified by the eligible person at the time of the election. | 2 | | The accelerated pension benefit payment under this Section may | 3 | | be subject to withholding or payment of applicable taxes, but | 4 | | to the extent permitted by federal law, a person who receives | 5 | | an accelerated pension benefit payment under this Section must | 6 | | direct the System to pay all of that payment as a rollover into | 7 | | another retirement plan or account qualified under the Internal | 8 | | Revenue Code of 1986, as amended. | 9 | | (f) The System shall submit vouchers to the State | 10 | | Comptroller for the payment of accelerated pension benefit | 11 | | payments under this Section. The State Comptroller shall pay | 12 | | the amounts of the vouchers from the State Pension Obligation | 13 | | Acceleration Bond Fund to the System, and the System shall | 14 | | deposit the amounts into the applicable tax qualified plans or | 15 | | accounts. | 16 | | (g) The Board shall adopt any rules, including emergency | 17 | | rules, necessary to implement this Section. | 18 | | (h) No provision of this Section shall be interpreted in a | 19 | | way that would cause the System to cease to be a qualified plan | 20 | | under the Internal Revenue Code of 1986.
| 21 | | (Source: P.A. 100-587, eff. 6-4-18.) | 22 | | (40 ILCS 5/15-185.6) | 23 | | Sec. 15-185.6. Accelerated pension benefit payment for a | 24 | | reduction in an annual increase to a retirement annuity and an | 25 | | annuity benefit payable as a result of death. |
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| 1 | | (a) As used in this Section: | 2 | | "Accelerated pension benefit payment" means a lump sum | 3 | | payment equal to 70% of the difference of: (i) the present | 4 | | value of the automatic annual increases to a Tier 1 member's | 5 | | retirement annuity, including any increases to any annuity | 6 | | benefit payable as a result of his or her death, using the | 7 | | formula applicable to the Tier 1 member; and (ii) the present | 8 | | value of the automatic annual increases to the Tier 1 member's | 9 | | retirement annuity, including any increases to any annuity | 10 | | benefit payable as a result of his or her death, using the | 11 | | formula provided under subsection (b-5). | 12 | | "Eligible person" means a person who: | 13 | | (1) is a Tier 1 member; | 14 | | (2) has submitted an application for a retirement | 15 | | annuity under this Article; | 16 | | (3) meets the age and service requirements for | 17 | | receiving a retirement annuity under this Article; | 18 | | (4) has not received any retirement annuity under this | 19 | | Article; | 20 | | (5) has not made the election under Section 15-185.5; | 21 | | and | 22 | | (6) is not a participant in the self-managed plan under | 23 | | Section 15-158.2. | 24 | | "Implementation date" means the earliest date upon which | 25 | | the Board authorizes eligible persons to begin irrevocably | 26 | | electing the accelerated pension benefit payment option under |
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| 1 | | this Section. The Board shall endeavor to make such | 2 | | participation available as soon as possible after the effective | 3 | | date of this amendatory Act of the 100th General Assembly and | 4 | | shall establish an implementation date by Board resolution. | 5 | | (b) Beginning on the implementation date and until June 30, | 6 | | 2024 2021 , the System shall implement an accelerated pension | 7 | | benefit payment option for eligible persons. The System shall | 8 | | calculate, using actuarial tables and other assumptions | 9 | | adopted by the Board, an accelerated pension benefit payment | 10 | | amount for an eligible person upon his or her request in | 11 | | writing to the System and shall offer that eligible person the | 12 | | opportunity to irrevocably elect to have his or her automatic | 13 | | annual increases in retirement annuity and any annuity benefit | 14 | | payable as a result of his or her death calculated in | 15 | | accordance with the formula provided in subsection (b-5) in | 16 | | exchange for the accelerated pension benefit payment. The | 17 | | System shall not perform more than one calculation under this | 18 | | Section per eligible person in a State fiscal year. The | 19 | | election under this subsection must be made before any | 20 | | retirement annuity is paid to the eligible person, and the | 21 | | eligible survivor, spouse, or contingent annuitant, as | 22 | | applicable, must consent to the election under this subsection. | 23 | | (b-5) Notwithstanding any other provision of law, the | 24 | | retirement annuity of a person who made the election under | 25 | | subsection (b) shall be increased annually beginning on the | 26 | | January 1 occurring either on or after the attainment of age 67 |
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| 1 | | or the first anniversary of the annuity start date, whichever | 2 | | is later, and any annuity benefit payable as a result of his or | 3 | | her death shall be increased annually beginning on: (1) the | 4 | | January 1 occurring on or after the commencement of the annuity | 5 | | if the deceased Tier 1 member died while receiving a retirement | 6 | | annuity; or (2) the January 1 occurring after the first | 7 | | anniversary of the commencement of the benefit. Each annual | 8 | | increase shall be calculated at 1.5% of the originally granted | 9 | | retirement annuity or annuity benefit payable as a result of | 10 | | the Tier 1 member's death. | 11 | | (c) If an annuitant who has received an accelerated pension | 12 | | benefit payment returns to participation under this Article, | 13 | | the calculation of any future automatic annual increase in | 14 | | retirement annuity under subsection (c) of Section 15-139 shall | 15 | | be calculated in accordance with the formula provided in | 16 | | subsection (b-5). | 17 | | (c-5) The accelerated pension benefit payment may not be | 18 | | repaid to the System. | 19 | | (d) As a condition of receiving an accelerated pension | 20 | | benefit payment, the accelerated pension benefit payment must | 21 | | be deposited into a tax qualified retirement plan or account | 22 | | identified by the eligible person at the time of election. The | 23 | | accelerated pension benefit payment under this Section may be | 24 | | subject to withholding or payment of applicable taxes, but to | 25 | | the extent permitted by federal law, a person who receives an | 26 | | accelerated pension benefit payment under this Section must |
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| 1 | | direct the System to pay all of that payment as a rollover into | 2 | | another retirement plan or account qualified under the Internal | 3 | | Revenue Code of 1986, as amended. | 4 | | (d-5) The System shall submit vouchers to the State | 5 | | Comptroller for the payment of accelerated pension benefit | 6 | | payments under this Section. The State Comptroller shall pay | 7 | | the amounts of the vouchers from the State Pension Obligation | 8 | | Acceleration Bond Fund to the System, and the System shall | 9 | | deposit the amounts into the applicable tax qualified plans or | 10 | | accounts. | 11 | | (e) The Board shall adopt any rules, including emergency | 12 | | rules, necessary to implement this Section. | 13 | | (f) No provision of this Section shall be interpreted in a | 14 | | way that would cause the System to cease to be a qualified plan | 15 | | under the Internal Revenue Code of 1986.
| 16 | | (Source: P.A. 100-587, eff. 6-4-18.) | 17 | | (40 ILCS 5/15-198)
| 18 | | Sec. 15-198. Application and expiration of new benefit | 19 | | increases. | 20 | | (a) As used in this Section, "new benefit increase" means | 21 | | an increase in the amount of any benefit provided under this | 22 | | Article, or an expansion of the conditions of eligibility for | 23 | | any benefit under this Article, that results from an amendment | 24 | | to this Code that takes effect after the effective date of this | 25 | | amendatory Act of the 94th General Assembly. "New benefit |
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| 1 | | increase", however, does not include any benefit increase | 2 | | resulting from the changes made to Article 1 or this Article by | 3 | | Public Act 100-23 , Public Act 100-587, Public Act 100-769, or | 4 | | this amendatory Act of the 101st General Assembly or this | 5 | | amendatory Act of the 100th General Assembly . | 6 | | (b) Notwithstanding any other provision of this Code or any | 7 | | subsequent amendment to this Code, every new benefit increase | 8 | | is subject to this Section and shall be deemed to be granted | 9 | | only in conformance with and contingent upon compliance with | 10 | | the provisions of this Section.
| 11 | | (c) The Public Act enacting a new benefit increase must | 12 | | identify and provide for payment to the System of additional | 13 | | funding at least sufficient to fund the resulting annual | 14 | | increase in cost to the System as it accrues. | 15 | | Every new benefit increase is contingent upon the General | 16 | | Assembly providing the additional funding required under this | 17 | | subsection. The Commission on Government Forecasting and | 18 | | Accountability shall analyze whether adequate additional | 19 | | funding has been provided for the new benefit increase and | 20 | | shall report its analysis to the Public Pension Division of the | 21 | | Department of Insurance. A new benefit increase created by a | 22 | | Public Act that does not include the additional funding | 23 | | required under this subsection is null and void. If the Public | 24 | | Pension Division determines that the additional funding | 25 | | provided for a new benefit increase under this subsection is or | 26 | | has become inadequate, it may so certify to the Governor and |
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| 1 | | the State Comptroller and, in the absence of corrective action | 2 | | by the General Assembly, the new benefit increase shall expire | 3 | | at the end of the fiscal year in which the certification is | 4 | | made.
| 5 | | (d) Every new benefit increase shall expire 5 years after | 6 | | its effective date or on such earlier date as may be specified | 7 | | in the language enacting the new benefit increase or provided | 8 | | under subsection (c). This does not prevent the General | 9 | | Assembly from extending or re-creating a new benefit increase | 10 | | by law. | 11 | | (e) Except as otherwise provided in the language creating | 12 | | the new benefit increase, a new benefit increase that expires | 13 | | under this Section continues to apply to persons who applied | 14 | | and qualified for the affected benefit while the new benefit | 15 | | increase was in effect and to the affected beneficiaries and | 16 | | alternate payees of such persons, but does not apply to any | 17 | | other person, including without limitation a person who | 18 | | continues in service after the expiration date and did not | 19 | | apply and qualify for the affected benefit while the new | 20 | | benefit increase was in effect.
| 21 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | 22 | | 100-769, eff. 8-10-18; revised 9-26-18.) | 23 | | (40 ILCS 5/16-163) (from Ch. 108 1/2, par. 16-163) | 24 | | Sec. 16-163. Board created. A board of 13 members | 25 | | constitutes the
board of trustees authorized to carry out the |
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| 1 | | provisions of this Article and is
responsible for the general | 2 | | administration of the System. The board shall
be known as the | 3 | | Board of Trustees of the Teachers' Retirement System
of the | 4 | | State of Illinois. The board shall be composed of the
| 5 | | Superintendent of Education, ex officio , who shall be the | 6 | | president of the
board ; 6 persons, one of whom shall be | 7 | | appointed by the Governor to be the president of the board, not | 8 | | members of the System, to be appointed by the Governor,
who | 9 | | shall hold no elected State office; 4 persons who, at the time | 10 | | of their
election, are
teachers as defined in Section 16-106, | 11 | | elected by the
contributing members; and 2 annuitant members | 12 | | elected by the annuitants of the
System, as provided in Section | 13 | | 16-165.
| 14 | | (Source: P.A. 96-6, eff. 4-3-09.)
| 15 | | (40 ILCS 5/16-190.5) | 16 | | Sec. 16-190.5. Accelerated pension benefit payment in lieu | 17 | | of any pension benefit. | 18 | | (a) As used in this Section: | 19 | | "Eligible person" means a person who: | 20 | | (1) has terminated service; | 21 | | (2) has accrued sufficient service credit to be | 22 | | eligible to receive a retirement annuity under this | 23 | | Article; | 24 | | (3) has not received any retirement annuity under this | 25 | | Article; and |
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| 1 | | (4) has not made the election under Section 16-190.6. | 2 | | "Pension benefit" means the benefits under this Article, or | 3 | | Article 1 as it relates to those benefits, including any | 4 | | anticipated annual increases, that an eligible person is | 5 | | entitled to upon attainment of the applicable retirement age. | 6 | | "Pension benefit" also includes applicable survivor's or | 7 | | disability benefits. | 8 | | (b) As soon as practical after June 4, 2018 ( the effective | 9 | | date of Public Act 100-587) this amendatory Act of the 100the | 10 | | General Assembly , the System shall calculate, using actuarial | 11 | | tables and other assumptions adopted by the Board, the present | 12 | | value of pension benefits for each eligible person who requests | 13 | | that information and shall offer each eligible person the | 14 | | opportunity to irrevocably elect to receive an amount | 15 | | determined by the System to be equal to 60% of the present | 16 | | value of his or her pension benefits in lieu of receiving any | 17 | | pension benefit. The offer shall specify the dollar amount that | 18 | | the eligible person will receive if he or she so elects and | 19 | | shall expire when a subsequent offer is made to an eligible | 20 | | person. The System shall make a good faith effort to contact | 21 | | every eligible person to notify him or her of the election. | 22 | | Until June 30, 2024 2021 , an eligible person may | 23 | | irrevocably elect to receive an accelerated pension benefit | 24 | | payment in the amount that the System offers under this | 25 | | subsection in lieu of receiving any pension benefit. A person | 26 | | who elects to receive an accelerated pension benefit payment |
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| 1 | | under this Section may not elect to proceed under the | 2 | | Retirement Systems Reciprocal Act with respect to service under | 3 | | this Article. | 4 | | (c) A person's creditable service under this Article shall | 5 | | be terminated upon the person's receipt of an accelerated | 6 | | pension benefit payment under this Section, and no other | 7 | | benefit shall be paid under this Article based on the | 8 | | terminated creditable service, including any retirement, | 9 | | survivor, or other benefit; except that to the extent that | 10 | | participation, benefits, or premiums under the State Employees | 11 | | Group Insurance Act of 1971 are based on the amount of service | 12 | | credit, the terminated service credit shall be used for that | 13 | | purpose. | 14 | | (d) If a person who has received an accelerated pension | 15 | | benefit payment under this Section returns to active service | 16 | | under this Article, then: | 17 | | (1) Any benefits under the System earned as a result of | 18 | | that return to active service shall be based solely on the | 19 | | person's creditable service arising from the return to | 20 | | active service. | 21 | | (2) The accelerated pension benefit payment may not be | 22 | | repaid to the System, and the terminated creditable service | 23 | | may not under any circumstances be reinstated. | 24 | | (e) As a condition of receiving an accelerated pension | 25 | | benefit payment, the accelerated pension benefit payment must | 26 | | be transferred into a tax qualified retirement plan or account. |
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| 1 | | The accelerated pension benefit payment under this Section may | 2 | | be subject to withholding or payment of applicable taxes, but | 3 | | to the extent permitted by federal law, a person who receives | 4 | | an accelerated pension benefit payment under this Section must | 5 | | direct the System to pay all of that payment as a rollover into | 6 | | another retirement plan or account qualified under the Internal | 7 | | Revenue Code of 1986, as amended. | 8 | | (f) Upon receipt of a member's irrevocable election to | 9 | | receive an accelerated pension benefit payment under this | 10 | | Section, the System shall submit a voucher to the Comptroller | 11 | | for payment of the member's accelerated pension benefit | 12 | | payment. The Comptroller shall transfer the amount of the | 13 | | voucher from the State Pension Obligation
Acceleration Bond | 14 | | Fund to the System, and the System shall transfer the amount | 15 | | into the member's eligible retirement plan or qualified | 16 | | account. | 17 | | (g) The Board shall adopt any rules, including emergency | 18 | | rules, necessary to implement this Section. | 19 | | (h) No provision of this amendatory Act of the 100th | 20 | | General Assembly shall be interpreted in a way that would cause | 21 | | the applicable System to cease to be a qualified plan under the | 22 | | Internal Revenue Code of 1986.
| 23 | | (Source: P.A. 100-587, eff. 6-4-18.) | 24 | | (40 ILCS 5/16-190.6) | 25 | | Sec. 16-190.6. Accelerated pension benefit payment for a |
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| 1 | | reduction in annual retirement annuity and survivor's annuity | 2 | | increases. | 3 | | (a) As used in this Section: | 4 | | "Accelerated pension benefit payment" means a lump sum | 5 | | payment equal to 70% of the difference of the present value of | 6 | | the automatic annual increases to a Tier 1 member's retirement | 7 | | annuity and survivor's annuity using the formula applicable to | 8 | | the Tier 1 member and the present value of the automatic annual | 9 | | increases to the Tier 1 member's retirement annuity using the | 10 | | formula provided under subsection (b-5) and the survivor's | 11 | | annuity using the formula provided under subsection (b-6). | 12 | | "Eligible person" means a person who: | 13 | | (1) is a Tier 1 member; | 14 | | (2) has submitted an application for a retirement | 15 | | annuity under this Article; | 16 | | (3) meets the age and service requirements for | 17 | | receiving a retirement annuity under this Article; | 18 | | (4) has not received any retirement annuity under this | 19 | | Article; and | 20 | | (5) has not made the election under Section 16-190.5. | 21 | | (b) As soon as practical after the effective date of this | 22 | | amendatory Act of the 100th General Assembly and until June 30, | 23 | | 2024 2021 , the System shall implement an accelerated pension | 24 | | benefit payment option for eligible persons. Upon the request | 25 | | of an eligible person, the System shall calculate, using | 26 | | actuarial tables and other assumptions adopted by the Board, an |
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| 1 | | accelerated pension benefit payment amount and shall offer that | 2 | | eligible person the opportunity to irrevocably elect to have | 3 | | his or her automatic annual increases in retirement annuity | 4 | | calculated in accordance with the formula provided under | 5 | | subsection (b-5) and any increases in survivor's annuity | 6 | | payable to his or her survivor's annuity beneficiary calculated | 7 | | in accordance with the formula provided under subsection (b-6) | 8 | | in exchange for the accelerated pension benefit payment. The | 9 | | election under this subsection must be made before the eligible | 10 | | person receives the first payment of a retirement annuity | 11 | | otherwise payable under this Article. | 12 | | (b-5) Notwithstanding any other provision of law, the | 13 | | retirement annuity of a person who made the election under | 14 | | subsection (b) shall be subject to annual increases on the | 15 | | January 1 occurring either on or after the attainment of age 67 | 16 | | or the first anniversary of the annuity start date, whichever | 17 | | is later. Each annual increase shall be calculated at 1.5% of | 18 | | the originally granted retirement annuity. | 19 | | (b-6) Notwithstanding any other provision of law, a | 20 | | survivor's annuity payable to a survivor's annuity beneficiary | 21 | | of a person who made the election under subsection (b) shall be | 22 | | subject to annual increases on the January 1 occurring on or | 23 | | after the first anniversary of the commencement of the annuity. | 24 | | Each annual increase shall be calculated at 1.5% of the | 25 | | originally granted survivor's annuity. | 26 | | (c) If a person who has received an accelerated pension |
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| 1 | | benefit payment returns to active service under this Article, | 2 | | then: | 3 | | (1) the calculation of any future automatic annual | 4 | | increase in retirement annuity shall be calculated in | 5 | | accordance with the formula provided in subsection (b-5); | 6 | | and | 7 | | (2) the accelerated pension benefit payment may not be | 8 | | repaid to the System. | 9 | | (d) As a condition of receiving an accelerated pension | 10 | | benefit payment, the accelerated pension benefit payment must | 11 | | be transferred into a tax qualified retirement plan or account. | 12 | | The accelerated pension benefit payment under this Section may | 13 | | be subject to withholding or payment of applicable taxes, but | 14 | | to the extent permitted by federal law, a person who receives | 15 | | an accelerated pension benefit payment under this Section must | 16 | | direct the System to pay all of that payment as a rollover into | 17 | | another retirement plan or account qualified under the Internal | 18 | | Revenue Code of 1986, as amended. | 19 | | (d-5) Upon receipt of a member's irrevocable election to | 20 | | receive an accelerated pension benefit payment under this | 21 | | Section, the System shall submit a voucher to the Comptroller | 22 | | for payment of the member's accelerated pension benefit | 23 | | payment. The Comptroller shall transfer the amount of the | 24 | | voucher from the State Pension Obligation
Acceleration Bond | 25 | | Fund to the System, and the System shall transfer the amount | 26 | | into the member's eligible retirement plan or qualified |
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| 1 | | account. | 2 | | (e) The Board shall adopt any rules, including emergency | 3 | | rules, necessary to implement this Section. | 4 | | (f) No provision of this Section shall be interpreted in a | 5 | | way that would cause the applicable System to cease to be a | 6 | | qualified plan under the Internal Revenue Code of 1986.
| 7 | | (Source: P.A. 100-587, eff. 6-4-18.) | 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 Article 1 or this Article by Public Act | 19 | | 95-910, Public Act 100-23, Public Act 100-587, Public Act | 20 | | 100-743, Public Act 100-769, or this amendatory Act of the | 21 | | 101st General Assembly or by this amendatory Act of the 100th | 22 | | General Assembly . | 23 | | (b) Notwithstanding any other provision of this Code or any | 24 | | subsequent amendment to this Code, every new benefit increase | 25 | | is subject to this Section and shall be deemed to be granted |
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| 1 | | only in conformance with and contingent upon compliance with | 2 | | the provisions of this Section.
| 3 | | (c) The Public Act enacting a new benefit increase must | 4 | | identify and provide for payment to the System of additional | 5 | | funding at least sufficient to fund the resulting annual | 6 | | increase in cost to the System as it accrues. | 7 | | Every new benefit increase is contingent upon the General | 8 | | Assembly providing the additional funding required under this | 9 | | subsection. The Commission on Government Forecasting and | 10 | | Accountability shall analyze whether adequate additional | 11 | | funding has been provided for the new benefit increase and | 12 | | shall report its analysis to the Public Pension Division of the | 13 | | Department of Insurance. A new benefit increase created by a | 14 | | Public Act that does not include the additional funding | 15 | | required under this subsection is null and void. If the Public | 16 | | Pension Division determines that the additional funding | 17 | | provided for a new benefit increase under this subsection is or | 18 | | has become inadequate, it may so certify to the Governor and | 19 | | the State Comptroller and, in the absence of corrective action | 20 | | by the General Assembly, the new benefit increase shall expire | 21 | | at the end of the fiscal year in which the certification is | 22 | | made.
| 23 | | (d) Every new benefit increase shall expire 5 years after | 24 | | its effective date or on such earlier date as may be specified | 25 | | in the language enacting the new benefit increase or provided | 26 | | under subsection (c). This does not prevent the General |
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| 1 | | Assembly from extending or re-creating a new benefit increase | 2 | | by law. | 3 | | (e) Except as otherwise provided in the language creating | 4 | | the new benefit increase, a new benefit increase that expires | 5 | | under this Section continues to apply to persons who applied | 6 | | and qualified for the affected benefit while the new benefit | 7 | | increase was in effect and to the affected beneficiaries and | 8 | | alternate payees of such persons, but does not apply to any | 9 | | other person, including without limitation a person who | 10 | | continues in service after the expiration date and did not | 11 | | apply and qualify for the affected benefit while the new | 12 | | benefit increase was in effect.
| 13 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | 14 | | 100-743, eff. 8-10-18; 100-769, eff. 8-10-18; revised | 15 | | 10-15-18.)
| 16 | | (40 ILCS 5/17-105.1)
| 17 | | Sec. 17-105.1. Employer. "Employer": The Board of | 18 | | Education , and a
charter school as defined under the provisions | 19 | | of Section 27A-5 of the School
Code , and a contract school | 20 | | operating pursuant to an agreement with the Board of Education .
| 21 | | (Source: P.A. 90-566, eff. 1-2-98 .)
| 22 | | (40 ILCS 5/17-106) (from Ch. 108 1/2, par. 17-106)
| 23 | | Sec. 17-106. Contributor, member or teacher. | 24 | | "Contributor", "member"
or "teacher": All members of the |
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| 1 | | teaching force of the city, including
principals, assistant | 2 | | principals, the general superintendent of schools,
deputy | 3 | | superintendents of schools, associate superintendents of | 4 | | schools,
assistant and district superintendents of schools, | 5 | | members of the Board of
Examiners, all other persons whose | 6 | | employment requires a teaching certificate
issued under the | 7 | | laws governing the certification of teachers, any educational | 8 | | staff employed in a contract school operating pursuant to an | 9 | | agreement with the Board of Education who is employed in a | 10 | | position requiring certification or licensure under the School | 11 | | Code (excluding all managerial, supervisory, and confidential | 12 | | employees) and is required to or elects to participate pursuant | 13 | | to Section 17-134.2, any educational,
administrative, | 14 | | professional, or other staff employed in a charter school
| 15 | | operating in compliance with the Charter Schools Law who is | 16 | | certified under
the law governing the certification of | 17 | | teachers, and employees of the Board,
but excluding persons | 18 | | contributing concurrently to any other public employee
pension | 19 | | system in Illinois for the same employment or receiving | 20 | | retirement
pensions under another Article of this Code for that | 21 | | same employment, persons
employed on an hourly basis (provided | 22 | | that an Employer may not reclassify a non-hourly employee as an | 23 | | hourly employee for the purpose of evading or avoiding its | 24 | | obligations under this Article), and persons receiving | 25 | | pensions from the Fund who
are employed temporarily by an | 26 | | Employer and not on an annual basis.
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| 1 | | All teachers or staff regardless of their position shall | 2 | | presumptively be participants in the Fund, unless the Employer | 3 | | establishes to the satisfaction of the Board that an individual | 4 | | certified teacher or staff member is not working as a teacher | 5 | | or administrator directly or indirectly with the Charter | 6 | | School. Any certified teacher or staff employed by a corporate | 7 | | or non-profit entity engaged in the administration of a charter | 8 | | school shall presumptively be a participant in the Fund, unless | 9 | | the organization establishes to the satisfaction of the Board | 10 | | that an individual certified teacher or staff member is not | 11 | | working as a teacher or administrator directly or indirectly | 12 | | with the Charter School. | 13 | | In the case of a person who has been making contributions | 14 | | and otherwise
participating in this Fund prior to the effective | 15 | | date of this amendatory
Act of the 91st General Assembly, and | 16 | | whose right to participate in
the Fund is established or | 17 | | confirmed by this amendatory Act, such prior
participation in | 18 | | the Fund, including all contributions previously made and
| 19 | | service credits previously earned by the person, are hereby | 20 | | validated.
| 21 | | The changes made to this Section and Section 17-149 by this | 22 | | amendatory
Act of the 92nd General Assembly apply without | 23 | | regard to whether the person
was in service on or after the | 24 | | effective date of this amendatory Act,
notwithstanding | 25 | | Sections 1-103.1 and 17-157.
| 26 | | (Source: P.A. 98-427, eff. 8-16-13.)
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| 1 | | (40 ILCS 5/17-132) (from Ch. 108 1/2, par. 17-132)
| 2 | | Sec. 17-132. Payments and certification of salary | 3 | | deductions. | 4 | | (a) An Employer shall cause the Fund to receive all | 5 | | members' payroll records and pension contributions within 30 | 6 | | calendar days after each predesignated payday. For purposes of | 7 | | this Section, the predesignated payday shall be determined in | 8 | | accordance with each Employer's payroll schedule for | 9 | | contributions to the Fund. | 10 | | (b) An Employer that fails to timely certify and submit | 11 | | payroll records to the Fund is subject to a statutory penalty | 12 | | in the amount of $100 per day for each day that a required | 13 | | certification and submission is late. | 14 | | Amounts not received by the 30th calendar day after the | 15 | | predesignated payday shall be deemed delinquent and subject to | 16 | | a penalty consisting of interest, which shall accrue on a | 17 | | monthly basis at the Fund's then effective actuarial rate of | 18 | | return, and liquidated damages in the amount of $100 per day, | 19 | | not to exceed 20% of the principal contributions due, which | 20 | | shall be mandatory except for good cause shown and in the | 21 | | discretion of the Board. | 22 | | An Employer in possession of member contributions deducted | 23 | | from payroll checks is holding Fund assets, and thus becomes a | 24 | | fiduciary over those assets. | 25 | | (c) The payroll records shall report (1) all pensionable |
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| 1 | | salary earned in that pay period, exclusive of salaries for | 2 | | overtime, special services, or any employment on an optional | 3 | | basis, such as in summer school; (2) adjustments to pensionable | 4 | | salary, exclusive of salaries for overtime, special services, | 5 | | or any employment on an optional basis, such as in summer | 6 | | school, made in a pay period for any prior pay periods; (3) | 7 | | pension contributions attributable to pensionable salary | 8 | | earned in the reported pay period or the adjusted pay period as | 9 | | required by subsection (b) of Section 17-131; and (4) any | 10 | | salary paid by an Employer if that salary is compensation for | 11 | | validated service and is exclusive of salary for overtime, | 12 | | special services, or any employment on an optional basis, such | 13 | | as in summer school. Payroll records required by item (4) of | 14 | | this paragraph shall identify the number of days of service | 15 | | rendered by the member and whether each day of service | 16 | | represents a partial or whole day of service. | 17 | | (d) The appropriate officers of the Employer shall certify | 18 | | and submit the payroll records no later than 30 calendar days | 19 | | after each predesignated payday. The certification shall | 20 | | constitute a confirmation of the accuracy of such deductions | 21 | | according to the provisions of this Article. | 22 | | Each Charter School and contract school shall designate an | 23 | | administrator as a "Pension Officer". The Pension Officer shall | 24 | | be responsible for certifying all payroll information, | 25 | | including contributions due and certified sick days payable | 26 | | pursuant to Section 17-134, and assuring resolution of reported |
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| 1 | | payroll and contribution deficiencies. | 2 | | (e) The Board has the authority to conduct payroll audits | 3 | | of a charter school or contract school to determine the | 4 | | existence of any delinquencies in contributions to the Fund, | 5 | | and such charter school or contract school shall be required to | 6 | | provide such books and records and contribution information as | 7 | | the Board or its authorized representative may require. The | 8 | | Board is also authorized to collect delinquent contributions | 9 | | from charter schools and contract schools and develop | 10 | | procedures for the collection of such delinquencies. | 11 | | Collection procedures may include legal proceedings in the | 12 | | courts of the State of Illinois. Expenses, including reasonable | 13 | | attorneys' fees, incurred in the collection of delinquent | 14 | | contributions may be assessed by the Board against the charter | 15 | | school or contract school .
| 16 | | (Source: P.A. 98-427, eff. 8-16-13; 99-176, eff. 7-29-15.)
| 17 | | (40 ILCS 5/17-134.2 new) | 18 | | Sec. 17-134.2. Employee of a contract school. Any | 19 | | educational staff of a contract school operating pursuant to an | 20 | | agreement with the Board of Education who is employed in a | 21 | | position requiring certification or licensure under the School | 22 | | Code on or after the effective date of this amendatory Act of | 23 | | the 101st General Assembly (excluding all managerial, | 24 | | supervisory, and confidential employees) shall participate as | 25 | | a member, unless the person began employment with the contract |
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| 1 | | school before the effective date of this amendatory Act of the | 2 | | 101st General Assembly. | 3 | | Any educational staff employed in a contract school | 4 | | operating pursuant to an agreement with the Board of Education | 5 | | who began employment in a position requiring certification or | 6 | | licensure under the School Code before the effective date of | 7 | | this amendatory Act of the 101st General Assembly (excluding | 8 | | all managerial, supervisory, and confidential employees) may | 9 | | irrevocably elect to participate as a member for service | 10 | | accrued after the effective date of the election with the | 11 | | contract school or with another contract school. In no event | 12 | | shall a person accrue service for employment with a contract | 13 | | school that occurred before the effective date of the election | 14 | | to participate as a member. | 15 | | Section 10. The Illinois Vehicle Code is amended by | 16 | | changing Section 2-115 as follows:
| 17 | | (625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)
| 18 | | Sec. 2-115. Investigators.
| 19 | | (a) The Secretary of State, for the purpose
of
more | 20 | | effectively carrying out the provisions of the laws in relation | 21 | | to
motor vehicles, shall have power to appoint such number of | 22 | | investigators as
he may deem necessary. It shall be the duty of | 23 | | such investigators to
investigate and enforce violations of the | 24 | | provisions of this
Act administered by the Secretary of State |
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| 1 | | and provisions of Chapters 11,
12, 13, 14, and 15 and to | 2 | | investigate and report any violation by any person
who operates | 3 | | as a motor carrier of property as defined in Section 18-100 of
| 4 | | this Act and does not hold a valid certificate or permit. Such | 5 | | investigators
shall have and may exercise throughout the State | 6 | | all of the powers of
peace officers.
| 7 | | No person may be retained in service as an investigator | 8 | | under this
Section after he or she has reached 60 years of age, | 9 | | except for a person employed in the title of Capitol Police | 10 | | Investigator and who began employment on or after January 1, | 11 | | 2011 , in which case, that person may not be retained in service | 12 | | after that person has reached 65 years of age.
| 13 | | The Secretary of State must authorize to each investigator | 14 | | employed under
this
Section and to any other employee of the | 15 | | Office of the Secretary of State
exercising the
powers of a | 16 | | peace officer a distinct badge that, on its face, (i) clearly
| 17 | | states that the
badge is authorized by
the Office of the | 18 | | Secretary of State and (ii) contains a unique identifying
| 19 | | number.
No other badge shall be authorized by
the Office of the | 20 | | Secretary of State.
| 21 | | (b) The Secretary may expend such sums as he deems | 22 | | necessary from
Contractual
Services appropriations for the | 23 | | Department of Police
for the purchase of evidence, for the | 24 | | employment of persons to obtain
evidence, and for the payment | 25 | | for any goods or services related to
obtaining evidence. Such | 26 | | sums shall be advanced to investigators authorized by
the
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| 1 | | Secretary to expend funds, on vouchers signed by the Secretary. | 2 | | In
addition, the Secretary of State is authorized to maintain | 3 | | one or more
commercial checking accounts with any State banking | 4 | | corporation or
corporations organized under or subject to the | 5 | | Illinois Banking Act for the
deposit and withdrawal of moneys | 6 | | to be used solely for the purchase of
evidence and for the | 7 | | employment of persons to obtain evidence, or for the
payment | 8 | | for any goods or services related to obtaining evidence; | 9 | | provided
that no check may be written on nor any withdrawal | 10 | | made from any such
account except on the written signatures of | 11 | | 2 persons designated by the
Secretary to write such checks and | 12 | | make such withdrawals, and provided
further that the balance of | 13 | | moneys on deposit in any such account shall not
exceed $5,000 | 14 | | at any time, nor shall any one check written on or single
| 15 | | withdrawal made from any such account exceed $5,000.
| 16 | | All fines or moneys collected or received by the Department | 17 | | of Police under
any State or federal forfeiture statute; | 18 | | including, but not limited to moneys
forfeited under Section 12 | 19 | | of the Cannabis Control Act, moneys forfeited under Section 85 | 20 | | of the Methamphetamine Control and Community Protection Act,
| 21 | | and moneys distributed
under Section 413 of the Illinois | 22 | | Controlled Substances Act, shall be deposited
into the | 23 | | Secretary of State Evidence Fund.
| 24 | | In all convictions for offenses in violation of this Act, | 25 | | the Court may
order restitution to the Secretary of any or all | 26 | | sums expended for the
purchase of evidence, for the employment |
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| 1 | | of persons to obtain evidence,
and for the payment for any | 2 | | goods or services related to obtaining evidence.
All such | 3 | | restitution received by the Secretary shall be deposited into | 4 | | the
Secretary of State Evidence Fund. Moneys deposited into the | 5 | | fund shall,
subject to appropriation, be used by the Secretary | 6 | | of State for the
purposes provided for under the provisions of | 7 | | this Section.
| 8 | | (Source: P.A. 99-896, eff. 1-1-17; 100-201, eff. 8-18-17.)
| 9 | | Section 90. The State Mandates Act is amended by adding | 10 | | Section 8.43 as follows: | 11 | | (30 ILCS 805/8.43 new) | 12 | | Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 | 13 | | of this Act, no reimbursement by the State is required for the | 14 | | implementation of any mandate created by this amendatory Act of | 15 | | the 101st General Assembly.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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