Full Text of SB3954 102nd General Assembly
SB3954 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3954 Introduced 1/21/2022, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/16-132 | from Ch. 108 1/2, par. 16-132 |
40 ILCS 5/16-203 | |
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Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that the effective date of a retirement annuity may be after the date of official termination of employment but before de minimis posttermination employment as long as such employment is (1) less than 10 days in length, (2) less than $2,000 in compensation, and (3) is deemed de minimis by the System. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately.
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| | A BILL FOR |
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| | | SB3954 | | LRB102 23200 RPS 32362 b |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 16-132 and 16-203 as follows:
| 6 | | (40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
| 7 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 8 | | which has been held unconstitutional)
| 9 | | Sec. 16-132. Retirement annuity eligibility. A member who | 10 | | has at least 20 years of creditable service is entitled to a
| 11 | | retirement annuity upon or after attainment of age 55.
A | 12 | | member who has at least 10 but less than 20 years of creditable | 13 | | service is
entitled to a retirement annuity upon or after | 14 | | attainment of age 60.
A member who has at least 5 but less than | 15 | | 10 years of creditable service is
entitled to a retirement | 16 | | annuity upon or after attainment of age 62.
A member who (i) | 17 | | has earned during the period immediately preceding the last
| 18 | | day of service at least one year of contributing creditable | 19 | | service as an
employee of a department as defined in Section | 20 | | 14-103.04, (ii) has earned at
least 5 years of contributing | 21 | | creditable service as an employee of a department
as defined | 22 | | in Section 14-103.04, and (iii) retires on or after January 1, | 23 | | 2001
is entitled to a retirement annuity upon or after |
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| 1 | | attainment of an age which,
when added to the number of years | 2 | | of his or her total creditable service,
equals at least 85. | 3 | | Portions of years shall be counted as decimal equivalents.
| 4 | | A member who is eligible to receive a retirement annuity | 5 | | of at least 74.6% of
final average salary and will attain age | 6 | | 55 on or before December 31 during the
year which commences on | 7 | | July 1 shall be deemed to attain age 55 on the
preceding June | 8 | | 1.
| 9 | | A member meeting the above eligibility conditions is | 10 | | entitled to a retirement
annuity upon written application to | 11 | | the board setting forth the date the member
wishes the | 12 | | retirement annuity to commence. However, the effective date of | 13 | | the
retirement annuity shall be no earlier than the day | 14 | | following the last day of
creditable service, regardless of | 15 | | the date of official termination of
employment ; except that | 16 | | the effective date of a retirement annuity may be after the | 17 | | date of official termination of employment but before de | 18 | | minimis posttermination employment as long as such employment | 19 | | is (1) less than 10 days in length, (2) less than $2,000 in | 20 | | compensation, and (3) is deemed de minimis by the System .
| 21 | | To be eligible for a retirement annuity, a member shall | 22 | | not be employed
as a teacher in the schools included under this | 23 | | System or under Article 17,
except (i) as provided in Section | 24 | | 16-118 or 16-150.1, (ii) if
the member is disabled (in which | 25 | | event, eligibility for salary must cease),
or (iii) if the | 26 | | System is required by federal law to commence
payment due to |
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| 1 | | the member's age; the changes to this sentence made by this
| 2 | | amendatory Act of the 93rd General Assembly apply without
| 3 | | regard to whether the member terminated employment before or | 4 | | after its
effective date.
| 5 | | (Source: P.A. 93-320, eff. 7-23-03.)
| 6 | | (40 ILCS 5/16-203)
| 7 | | Sec. 16-203. Application and expiration of new benefit | 8 | | increases. | 9 | | (a) As used in this Section, "new benefit increase" means | 10 | | an increase in the amount of any benefit provided under this | 11 | | Article, or an expansion of the conditions of eligibility for | 12 | | any benefit under this Article, that results from an amendment | 13 | | to this Code that takes effect after June 1, 2005 (the | 14 | | effective date of Public Act 94-4). "New benefit increase", | 15 | | however, does not include any benefit increase resulting from | 16 | | the changes made to Article 1 or this Article by Public Act | 17 | | 95-910, Public Act 100-23, Public Act 100-587, Public Act | 18 | | 100-743, Public Act 100-769, Public Act 101-10, or Public Act | 19 | | 101-49, Public Act 102-16, or this amendatory Act of the 102nd | 20 | | General Assembly this amendatory Act of the 102nd General | 21 | | Assembly . | 22 | | (b) Notwithstanding any other provision of this Code or | 23 | | any subsequent amendment to this Code, every new benefit | 24 | | increase is subject to this Section and shall be deemed to be | 25 | | granted only in conformance with and contingent upon |
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| 1 | | compliance with the provisions of this Section.
| 2 | | (c) The Public Act enacting a new benefit increase must | 3 | | identify and provide for payment to the System of additional | 4 | | funding at least sufficient to fund the resulting annual | 5 | | increase in cost to the System as it accrues. | 6 | | Every new benefit increase is contingent upon the General | 7 | | Assembly providing the additional funding required under this | 8 | | subsection. The Commission on Government Forecasting and | 9 | | Accountability shall analyze whether adequate additional | 10 | | funding has been provided for the new benefit increase and | 11 | | shall report its analysis to the Public Pension Division of | 12 | | the Department of Insurance. A new benefit increase created by | 13 | | a Public Act that does not include the additional funding | 14 | | required under this subsection is null and void. If the Public | 15 | | Pension Division determines that the additional funding | 16 | | provided for a new benefit increase under this subsection is | 17 | | or has become inadequate, it may so certify to the Governor and | 18 | | the State Comptroller and, in the absence of corrective action | 19 | | by the General Assembly, the new benefit increase shall expire | 20 | | at the end of the fiscal year in which the certification is | 21 | | made.
| 22 | | (d) Every new benefit increase shall expire 5 years after | 23 | | its effective date or on such earlier date as may be specified | 24 | | in the language enacting the new benefit increase or provided | 25 | | under subsection (c). This does not prevent the General | 26 | | Assembly from extending or re-creating a new benefit increase |
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| 1 | | by law. | 2 | | (e) Except as otherwise provided in the language creating | 3 | | the new benefit increase, a new benefit increase that expires | 4 | | under this Section continues to apply to persons who applied | 5 | | and qualified for the affected benefit while the new benefit | 6 | | increase was in effect and to the affected beneficiaries and | 7 | | alternate payees of such persons, but does not apply to any | 8 | | other person, including, without limitation, a person who | 9 | | continues in service after the expiration date and did not | 10 | | apply and qualify for the affected benefit while the new | 11 | | benefit increase was in effect.
| 12 | | (Source: P.A. 101-10, eff. 6-5-19; 101-49, eff. 7-12-19; | 13 | | 101-81, eff. 7-12-19; 102-16, eff. 6-17-21; 102-558, eff. | 14 | | 8-20-21; revised 10-15-21.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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