Illinois General Assembly - Full Text of HB1568
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Full Text of HB1568  102nd General Assembly

HB1568enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB1568 EnrolledLRB102 03599 RJF 13612 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Revenue Law of the Civil
5Administrative Code of Illinois is amended by adding Section
62505-306 as follows:
 
7    (20 ILCS 2505/2505-306 new)
8    Sec. 2505-306. Retiring investigators; purchase of service
9firearm and badge. The Director shall establish a program to
10allow a Department investigator who is honorably retiring in
11good standing to purchase either one or both of the following:
12(1) any badge previously issued to the investigator by the
13Department; or (2) if the investigator has a currently valid
14Firearm Owner's Identification Card, the service firearm
15issued or previously issued to the investigator by the
16Department. The cost of the firearm shall be the replacement
17value of the firearm and not the firearm's fair market value.
 
18    Section 10. The Illinois Pension Code is amended by
19changing Section 1-160 as follows:
 
20    (40 ILCS 5/1-160)
21    Sec. 1-160. Provisions applicable to new hires.

 

 

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1    (a) The provisions of this Section apply to a person who,
2on or after January 1, 2011, first becomes a member or a
3participant under any reciprocal retirement system or pension
4fund established under this Code, other than a retirement
5system or pension fund established under Article 2, 3, 4, 5, 6,
67, 15, or 18 of this Code, notwithstanding any other provision
7of this Code to the contrary, but do not apply to any
8self-managed plan established under this Code or to any
9participant of the retirement plan established under Section
1022-101; except that this Section applies to a person who
11elected to establish alternative credits by electing in
12writing after January 1, 2011, but before August 8, 2011,
13under Section 7-145.1 of this Code. Notwithstanding anything
14to the contrary in this Section, for purposes of this Section,
15a person who is a Tier 1 regular employee as defined in Section
167-109.4 of this Code or who participated in a retirement
17system under Article 15 prior to January 1, 2011 shall be
18deemed a person who first became a member or participant prior
19to January 1, 2011 under any retirement system or pension fund
20subject to this Section. The changes made to this Section by
21Public Act 98-596 are a clarification of existing law and are
22intended to be retroactive to January 1, 2011 (the effective
23date of Public Act 96-889), notwithstanding the provisions of
24Section 1-103.1 of this Code.
25    This Section does not apply to a person who first becomes a
26noncovered employee under Article 14 on or after the

 

 

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1implementation date of the plan created under Section 1-161
2for that Article, unless that person elects under subsection
3(b) of Section 1-161 to instead receive the benefits provided
4under this Section and the applicable provisions of that
5Article.
6    This Section does not apply to a person who first becomes a
7member or participant under Article 16 on or after the
8implementation date of the plan created under Section 1-161
9for that Article, unless that person elects under subsection
10(b) of Section 1-161 to instead receive the benefits provided
11under this Section and the applicable provisions of that
12Article.
13    This Section does not apply to a person who elects under
14subsection (c-5) of Section 1-161 to receive the benefits
15under Section 1-161.
16    This Section does not apply to a person who first becomes a
17member or participant of an affected pension fund on or after 6
18months after the resolution or ordinance date, as defined in
19Section 1-162, unless that person elects under subsection (c)
20of Section 1-162 to receive the benefits provided under this
21Section and the applicable provisions of the Article under
22which he or she is a member or participant.
23    (b) "Final average salary" means, except as otherwise
24provided in this subsection, the average monthly (or annual)
25salary obtained by dividing the total salary or earnings
26calculated under the Article applicable to the member or

 

 

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1participant during the 96 consecutive months (or 8 consecutive
2years) of service within the last 120 months (or 10 years) of
3service in which the total salary or earnings calculated under
4the applicable Article was the highest by the number of months
5(or years) of service in that period. For the purposes of a
6person who first becomes a member or participant of any
7retirement system or pension fund to which this Section
8applies on or after January 1, 2011, in this Code, "final
9average salary" shall be substituted for the following:
10        (1) (Blank).
11        (2) In Articles 8, 9, 10, 11, and 12, "highest average
12    annual salary for any 4 consecutive years within the last
13    10 years of service immediately preceding the date of
14    withdrawal".
15        (3) In Article 13, "average final salary".
16        (4) In Article 14, "final average compensation".
17        (5) In Article 17, "average salary".
18        (6) In Section 22-207, "wages or salary received by
19    him at the date of retirement or discharge".
20    A member of the Teachers' Retirement System of the State
21of Illinois who retires on or after June 1, 2021 and for whom
22the 2020-2021 school year is used in the calculation of the
23member's final average salary shall use the higher of the
24following for the purpose of determining the member's final
25average salary:
26        (A) the amount otherwise calculated under the first

 

 

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1    paragraph of this subsection; or
2        (B) an amount calculated by the Teachers' Retirement
3    System of the State of Illinois using the average of the
4    monthly (or annual) salary obtained by dividing the total
5    salary or earnings calculated under Article 16 applicable
6    to the member or participant during the 96 months (or 8
7    years) of service within the last 120 months (or 10 years)
8    of service in which the total salary or earnings
9    calculated under the Article was the highest by the number
10    of months (or years) of service in that period.
11    (b-5) Beginning on January 1, 2011, for all purposes under
12this Code (including without limitation the calculation of
13benefits and employee contributions), the annual earnings,
14salary, or wages (based on the plan year) of a member or
15participant to whom this Section applies shall not exceed
16$106,800; however, that amount shall annually thereafter be
17increased by the lesser of (i) 3% of that amount, including all
18previous adjustments, or (ii) one-half the annual unadjusted
19percentage increase (but not less than zero) in the consumer
20price index-u for the 12 months ending with the September
21preceding each November 1, including all previous adjustments.
22    For the purposes of this Section, "consumer price index-u"
23means the index published by the Bureau of Labor Statistics of
24the United States Department of Labor that measures the
25average change in prices of goods and services purchased by
26all urban consumers, United States city average, all items,

 

 

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11982-84 = 100. The new amount resulting from each annual
2adjustment shall be determined by the Public Pension Division
3of the Department of Insurance and made available to the
4boards of the retirement systems and pension funds by November
51 of each year.
6    (c) A member or participant is entitled to a retirement
7annuity upon written application if he or she has attained age
867 (age 65, with respect to service under Article 12 that is
9subject to this Section, for a member or participant under
10Article 12 who first becomes a member or participant under
11Article 12 on or after January 1, 2022 or who makes the
12election under item (i) of subsection (d-15) of this Section)
13and has at least 10 years of service credit and is otherwise
14eligible under the requirements of the applicable Article.
15    A member or participant who has attained age 62 (age 60,
16with respect to service under Article 12 that is subject to
17this Section, for a member or participant under Article 12 who
18first becomes a member or participant under Article 12 on or
19after January 1, 2022 or who makes the election under item (i)
20of subsection (d-15) of this Section) and has at least 10 years
21of service credit and is otherwise eligible under the
22requirements of the applicable Article may elect to receive
23the lower retirement annuity provided in subsection (d) of
24this Section.
25    (c-5) A person who first becomes a member or a participant
26subject to this Section on or after July 6, 2017 (the effective

 

 

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1date of Public Act 100-23), notwithstanding any other
2provision of this Code to the contrary, is entitled to a
3retirement annuity under Article 8 or Article 11 upon written
4application if he or she has attained age 65 and has at least
510 years of service credit and is otherwise eligible under the
6requirements of Article 8 or Article 11 of this Code,
7whichever is applicable.
8    (d) The retirement annuity of a member or participant who
9is retiring after attaining age 62 (age 60, with respect to
10service under Article 12 that is subject to this Section, for a
11member or participant under Article 12 who first becomes a
12member or participant under Article 12 on or after January 1,
132022 or who makes the election under item (i) of subsection
14(d-15) of this Section) with at least 10 years of service
15credit shall be reduced by one-half of 1% for each full month
16that the member's age is under age 67 (age 65, with respect to
17service under Article 12 that is subject to this Section, for a
18member or participant under Article 12 who first becomes a
19member or participant under Article 12 on or after January 1,
202022 or who makes the election under item (i) of subsection
21(d-15) of this Section).
22    (d-5) The retirement annuity payable under Article 8 or
23Article 11 to an eligible person subject to subsection (c-5)
24of this Section who is retiring at age 60 with at least 10
25years of service credit shall be reduced by one-half of 1% for
26each full month that the member's age is under age 65.

 

 

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1    (d-10) Each person who first became a member or
2participant under Article 8 or Article 11 of this Code on or
3after January 1, 2011 and prior to July 6, 2017 (the effective
4date of Public Act 100-23) this amendatory Act of the 100th
5General Assembly shall make an irrevocable election either:
6        (i) to be eligible for the reduced retirement age
7    provided in subsections (c-5) and (d-5) of this Section,
8    the eligibility for which is conditioned upon the member
9    or participant agreeing to the increases in employee
10    contributions for age and service annuities provided in
11    subsection (a-5) of Section 8-174 of this Code (for
12    service under Article 8) or subsection (a-5) of Section
13    11-170 of this Code (for service under Article 11); or
14        (ii) to not agree to item (i) of this subsection
15    (d-10), in which case the member or participant shall
16    continue to be subject to the retirement age provisions in
17    subsections (c) and (d) of this Section and the employee
18    contributions for age and service annuity as provided in
19    subsection (a) of Section 8-174 of this Code (for service
20    under Article 8) or subsection (a) of Section 11-170 of
21    this Code (for service under Article 11).
22    The election provided for in this subsection shall be made
23between October 1, 2017 and November 15, 2017. A person
24subject to this subsection who makes the required election
25shall remain bound by that election. A person subject to this
26subsection who fails for any reason to make the required

 

 

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1election within the time specified in this subsection shall be
2deemed to have made the election under item (ii).
3    (d-15) Each person who first becomes a member or
4participant under Article 12 on or after January 1, 2011 and
5prior to January 1, 2022 shall make an irrevocable election
6either:
7        (i) to be eligible for the reduced retirement age
8    specified in subsections (c) and (d) of this Section, the
9    eligibility for which is conditioned upon the member or
10    participant agreeing to the increase in employee
11    contributions for service annuities specified in
12    subsection (b) of Section 12-150; or
13        (ii) to not agree to item (i) of this subsection
14    (d-15), in which case the member or participant shall not
15    be eligible for the reduced retirement age specified in
16    subsections (c) and (d) of this Section and shall not be
17    subject to the increase in employee contributions for
18    service annuities specified in subsection (b) of Section
19    12-150.
20    The election provided for in this subsection shall be made
21between January 1, 2022 and April 1, 2022. A person subject to
22this subsection who makes the required election shall remain
23bound by that election. A person subject to this subsection
24who fails for any reason to make the required election within
25the time specified in this subsection shall be deemed to have
26made the election under item (ii).

 

 

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1    (e) Any retirement annuity or supplemental annuity shall
2be subject to annual increases on the January 1 occurring
3either on or after the attainment of age 67 (age 65, with
4respect to service under Article 12 that is subject to this
5Section, for a member or participant under Article 12 who
6first becomes a member or participant under Article 12 on or
7after January 1, 2022 or who makes the election under item (i)
8of subsection (d-15); and beginning on July 6, 2017 (the
9effective date of Public Act 100-23) this amendatory Act of
10the 100th General Assembly, age 65 with respect to service
11under Article 8 or Article 11 for eligible persons who: (i) are
12subject to subsection (c-5) of this Section; or (ii) made the
13election under item (i) of subsection (d-10) of this Section)
14or the first anniversary of the annuity start date, whichever
15is later. Each annual increase shall be calculated at 3% or
16one-half the annual unadjusted percentage increase (but not
17less than zero) in the consumer price index-u for the 12 months
18ending with the September preceding each November 1, whichever
19is less, of the originally granted retirement annuity. If the
20annual unadjusted percentage change in the consumer price
21index-u for the 12 months ending with the September preceding
22each November 1 is zero or there is a decrease, then the
23annuity shall not be increased.
24    For the purposes of Section 1-103.1 of this Code, the
25changes made to this Section by Public Act 102-263 this
26amendatory Act of the 102nd General Assembly are applicable

 

 

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1without regard to whether the employee was in active service
2on or after August 6, 2021 (the effective date of Public Act
3102-263) this amendatory Act of the 102nd General Assembly.
4    For the purposes of Section 1-103.1 of this Code, the
5changes made to this Section by Public Act 100-23 this
6amendatory Act of the 100th General Assembly are applicable
7without regard to whether the employee was in active service
8on or after July 6, 2017 (the effective date of Public Act
9100-23) this amendatory Act of the 100th General Assembly.
10    (f) The initial survivor's or widow's annuity of an
11otherwise eligible survivor or widow of a retired member or
12participant who first became a member or participant on or
13after January 1, 2011 shall be in the amount of 66 2/3% of the
14retired member's or participant's retirement annuity at the
15date of death. In the case of the death of a member or
16participant who has not retired and who first became a member
17or participant on or after January 1, 2011, eligibility for a
18survivor's or widow's annuity shall be determined by the
19applicable Article of this Code. The initial benefit shall be
2066 2/3% of the earned annuity without a reduction due to age. A
21child's annuity of an otherwise eligible child shall be in the
22amount prescribed under each Article if applicable. Any
23survivor's or widow's annuity shall be increased (1) on each
24January 1 occurring on or after the commencement of the
25annuity if the deceased member died while receiving a
26retirement annuity or (2) in other cases, on each January 1

 

 

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1occurring after the first anniversary of the commencement of
2the annuity. Each annual increase shall be calculated at 3% or
3one-half the annual unadjusted percentage increase (but not
4less than zero) in the consumer price index-u for the 12 months
5ending with the September preceding each November 1, whichever
6is less, of the originally granted survivor's annuity. If the
7annual unadjusted percentage change in the consumer price
8index-u for the 12 months ending with the September preceding
9each November 1 is zero or there is a decrease, then the
10annuity shall not be increased.
11    (g) The benefits in Section 14-110 apply only if the
12person is a State policeman, a fire fighter in the fire
13protection service of a department, a conservation police
14officer, an investigator for the Secretary of State, an arson
15investigator, a Commerce Commission police officer,
16investigator for the Department of Revenue or the Illinois
17Gaming Board, a security employee of the Department of
18Corrections or the Department of Juvenile Justice, or a
19security employee of the Department of Innovation and
20Technology, as those terms are defined in subsection (b) and
21subsection (c) of Section 14-110. A person who meets the
22requirements of this Section is entitled to an annuity
23calculated under the provisions of Section 14-110, in lieu of
24the regular or minimum retirement annuity, only if the person
25has withdrawn from service with not less than 20 years of
26eligible creditable service and has attained age 60,

 

 

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1regardless of whether the attainment of age 60 occurs while
2the person is still in service.
3    (g-5) The benefits in Section 14-110 apply if the person
4is a State policeman, investigator for the Secretary of State,
5conservation police officer, investigator for the Department
6of Revenue or the Illinois Gaming Board, investigator for the
7Office of the Attorney General, Commerce Commission police
8officer, or arson investigator, as those terms are defined in
9subsection (b) and subsection (c) of Section 14-110. A person
10who meets the requirements of this Section is entitled to an
11annuity calculated under the provisions of Section 14-110, in
12lieu of the regular or minimum retirement annuity, only if the
13person has withdrawn from service with not less than 20 years
14of eligible creditable service and has attained age 55,
15regardless of whether the attainment of age 55 occurs while
16the person is still in service.
17    (h) If a person who first becomes a member or a participant
18of a retirement system or pension fund subject to this Section
19on or after January 1, 2011 is receiving a retirement annuity
20or retirement pension under that system or fund and becomes a
21member or participant under any other system or fund created
22by this Code and is employed on a full-time basis, except for
23those members or participants exempted from the provisions of
24this Section under subsection (a) of this Section, then the
25person's retirement annuity or retirement pension under that
26system or fund shall be suspended during that employment. Upon

 

 

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1termination of that employment, the person's retirement
2annuity or retirement pension payments shall resume and be
3recalculated if recalculation is provided for under the
4applicable Article of this Code.
5    If a person who first becomes a member of a retirement
6system or pension fund subject to this Section on or after
7January 1, 2012 and is receiving a retirement annuity or
8retirement pension under that system or fund and accepts on a
9contractual basis a position to provide services to a
10governmental entity from which he or she has retired, then
11that person's annuity or retirement pension earned as an
12active employee of the employer shall be suspended during that
13contractual service. A person receiving an annuity or
14retirement pension under this Code shall notify the pension
15fund or retirement system from which he or she is receiving an
16annuity or retirement pension, as well as his or her
17contractual employer, of his or her retirement status before
18accepting contractual employment. A person who fails to submit
19such notification shall be guilty of a Class A misdemeanor and
20required to pay a fine of $1,000. Upon termination of that
21contractual employment, the person's retirement annuity or
22retirement pension payments shall resume and, if appropriate,
23be recalculated under the applicable provisions of this Code.
24    (i) (Blank).
25    (j) In the case of a conflict between the provisions of
26this Section and any other provision of this Code, the

 

 

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1provisions of this Section shall control.
2(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
3102-210, eff. 1-1-22; 102-263, eff. 8-6-21; revised 9-28-21.)
 
4    Section 15. The Law Enforcement Intern Training Act is
5amended by adding Section 24 as follows:
 
6    (50 ILCS 708/24 new)
7    Sec. 24. Transfer credits from public institutions of
8higher education.
9    (a) As used in this Section, "public institutions of
10higher education" has the meaning ascribed to that term in the
11Board of Higher Education Act.
12    (b) The Board shall collaborate with the Illinois
13Community College Board and the Board of Higher Education to
14create a report with recommendations to the General Assembly
15for establishing minimum requirements for credits that may
16transfer from public institutions of higher education to
17satisfy the requirements of law enforcement and correctional
18intern courses under this Act.
19    (c) The report shall be submitted to the General Assembly
20no later than July 1, 2023.
 
21    Section 20. The Counties Code is amended by adding Section
223-6042 as follows:
 

 

 

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1    (55 ILCS 5/3-6042 new)
2    Sec. 3-6042. Retiring employee; purchase of service
3firearm and badge. Each Sheriff shall establish a program to
4allow an employee of the Sheriff's Department who is honorably
5retiring in good standing to purchase either one or both of the
6following: (1) any badge previously issued to the employee by
7the Sheriff's Department; or (2) if the employee has a
8currently valid Firearm Owner's Identification Card, the
9service firearm issued or previously issued to the employee by
10the Sheriff's Department. The badge must be permanently and
11conspicuously marked in such a manner that the individual who
12possesses the badge is not mistaken for an actively serving
13law enforcement officer. The cost of the firearm shall be the
14replacement value of the firearm and not the firearm's fair
15market value.
 
16    Section 25. The Illinois Gambling Act is amended by adding
17Section 5.4 as follows:
 
18    (230 ILCS 10/5.4 new)
19    Sec. 5.4. Retiring investigators; purchase of service
20firearm and badge. The Board shall establish a program to
21allow an investigator appointed under paragraph (20.6) of
22subsection (c) of Section 4 who is honorably retiring in good
23standing to purchase either one or both of the following: (1)
24any badge previously issued to the investigator by the Board;

 

 

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1or (2) if the investigator has a currently valid Firearm
2Owner's Identification Card, the service firearm issued or
3previously issued to the investigator by the Board. The badge
4must be permanently and conspicuously marked in such a manner
5that the individual who possesses the badge is not mistaken
6for an actively serving law enforcement officer. The cost of
7the firearm shall be the replacement value of the firearm and
8not the firearm's fair market value.
 
9    Section 30. The Unified Code of Corrections is amended by
10adding Section 3-2-10.5 as follows:
 
11    (730 ILCS 5/3-2-10.5 new)
12    Sec. 3-2-10.5. Retiring security employees and parole
13agents; purchase of service firearm and badge. The Director
14shall establish a program to allow a security employee or
15parole agent of the Department who is honorably retiring in
16good standing to purchase either one or both of the following:
17(1) any badge previously issued to the security employee or
18parole agent by the Department; or (2) if the security
19employee or parole agent has a currently valid Firearm Owner's
20Identification Card, the service firearm issued or previously
21issued to the security employee or parole agent by the
22Department. The badge must be permanently and conspicuously
23marked in such a manner that the individual who possesses the
24badge is not mistaken for an actively serving law enforcement

 

 

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1officer. The cost of the firearm shall be the replacement
2value of the firearm and not the firearm's fair market value.
 
3    Section 35. The Probation and Probation Officers Act is
4amended by adding Section 15.2 as follows:
 
5    (730 ILCS 110/15.2 new)
6    Sec. 15.2. Retiring probation officer; purchase of service
7firearm and badge. Each department shall establish a program
8to allow a probation officer of the department who is
9honorably retiring in good standing to purchase either one or
10both of the following: (1) any badge previously issued to the
11probation officer by the department; or (2) if the probation
12officer has a currently valid Firearm Owner's Identification
13Card, the service firearm issued or previously issued to the
14probation officer by the department. The badge must be
15permanently and conspicuously marked in such a manner that the
16individual who possesses the badge is not mistaken for an
17actively serving law enforcement officer. The cost of the
18firearm shall be the replacement value of the firearm and not
19the firearm's fair market value.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law, except that Section 15 takes effect January 1,
222023.