Full Text of HB1712 103rd General Assembly
HB1712ham001 103RD GENERAL ASSEMBLY | Rep. Norine K. Hammond Filed: 3/2/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1712
| 2 | | AMENDMENT NO. ______. Amend House Bill 1712 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 15-103.1, 15-103.2, 15-103.3, 15-107, | 6 | | 15-135, 15-153.3, and 15-198 and by adding Sections 3-110.15, | 7 | | 15-113.13, and 15-153.4 as follows: | 8 | | (40 ILCS 5/3-110.15 new) | 9 | | Sec. 3-110.15. Transfer to Article 15. A participant who | 10 | | is actively employed as a police officer under Article 15 may | 11 | | make a written election to transfer up to 10 years of | 12 | | creditable service from a fund established under this Article | 13 | | to the State Universities Retirement System established under | 14 | | Article 15. Upon receiving a written election by a participant | 15 | | under this Section, the creditable service shall be | 16 | | transferred to the State Universities Retirement System as |
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| 1 | | soon as practicable upon payment by the police pension fund to | 2 | | the State Universities Retirement System of an amount equal | 3 | | to: | 4 | | (1) the amounts accumulated to the credit of the
| 5 | | applicant on the books of the fund on the date of the
| 6 | | transfer; and | 7 | | (2) employer contributions in an amount equal to the
| 8 | | amount determined under paragraph (1). | 9 | | Participation in the police pension fund with respect to | 10 | | the
service to be transferred shall terminate on the date of
| 11 | | transfer. This Section does not allow reinstatement of credits
| 12 | | in this Article that were previously forfeited.
| 13 | | (40 ILCS 5/15-103.1)
| 14 | | Sec. 15-103.1. Traditional Benefit Package. "Traditional | 15 | | benefit
package":
The defined benefit retirement program | 16 | | maintained under the System which
includes retirement | 17 | | annuities payable directly from the System as provided in
| 18 | | Sections 15-135 through 15-140 (but disregarding Section | 19 | | 15-136.4), disability
retirement annuities payable under | 20 | | Section 15-153.2, line of duty disability annuities under | 21 | | Section 15-153.4, death benefits payable
directly from the | 22 | | System as provided in Sections 15-141 through 15-144,
| 23 | | survivors insurance benefits payable directly from the System | 24 | | as provided in
Sections 15-145 through 15-149, and | 25 | | contribution refunds as provided in Section
15-154. The |
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| 1 | | traditional benefit package also includes disability benefits | 2 | | as
provided in Sections 15-150 through 15-153.3.
| 3 | | (Source: P.A. 90-766, eff. 8-14-98.)
| 4 | | (40 ILCS 5/15-103.2)
| 5 | | Sec. 15-103.2. Portable Benefit Package. "Portable benefit | 6 | | package": The
defined benefit retirement program maintained | 7 | | under the System which includes
retirement annuities payable | 8 | | directly from the System as provided in Sections
15-135 | 9 | | through 15-139 (specifically including Section 15-136.4), | 10 | | disability
retirement annuities payable under Section | 11 | | 15-153.2, line of duty disability annuities under Section | 12 | | 15-153.4, death benefits payable
directly from the System as | 13 | | provided in Sections 15-141 through 15-144, and
contribution | 14 | | refunds as provided in Section 15-154. The portable benefit
| 15 | | package also includes disability benefits as provided in | 16 | | Sections 15-150
through 15-153.3. The portable benefit package | 17 | | does not include the survivors
insurance benefits payable | 18 | | directly from the System as provided in Sections
15-145 | 19 | | through 15-149.
| 20 | | (Source: P.A. 90-766, eff. 8-14-98.)
| 21 | | (40 ILCS 5/15-103.3)
| 22 | | Sec. 15-103.3. Self-Managed Plan. "Self-managed plan": The | 23 | | defined
contribution retirement program maintained under the | 24 | | System as described in
Section 15-158.2. The self-managed plan |
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| 1 | | also includes disability benefits as
provided in Sections | 2 | | 15-150 through 15-153.4 15-153.3 (but disregarding disability
| 3 | | retirement annuities under Section 15-153.2). The self-managed | 4 | | plan does not
include retirement annuities, death benefits, or | 5 | | survivors insurance benefits
payable directly from the System | 6 | | as provided in Sections 15-135 through 15-149
and Section | 7 | | 15-153.2, or refunds determined under Section 15-154.
| 8 | | (Source: P.A. 90-766, eff. 8-14-98.)
| 9 | | (40 ILCS 5/15-107) (from Ch. 108 1/2, par. 15-107)
| 10 | | Sec. 15-107. Employee.
| 11 | | (a) "Employee" means any member of the educational, | 12 | | administrative,
secretarial, clerical, mechanical, labor or | 13 | | other staff of an employer
whose employment is permanent and | 14 | | continuous or who is employed in a
position in which services | 15 | | are expected to be rendered on a continuous
basis for at least | 16 | | 4 months or one academic term, whichever is less, who
(A) | 17 | | receives payment for personal services on a warrant issued | 18 | | pursuant to
a payroll voucher certified by an employer and | 19 | | drawn by the State
Comptroller upon the State Treasurer or by | 20 | | an employer upon trust, federal
or other funds, or (B) is on a | 21 | | leave of absence without pay. Employment
which is irregular, | 22 | | intermittent or temporary shall not be considered
continuous | 23 | | for purposes of this paragraph.
| 24 | | However, a person is not an "employee" if he or she:
| 25 | | (1) is a student enrolled in and regularly attending |
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| 1 | | classes in a
college or university which is an employer, | 2 | | and is employed on a temporary
basis at less than full | 3 | | time;
| 4 | | (2) is currently receiving a retirement annuity or a | 5 | | disability
retirement annuity under Section 15-153.2 from | 6 | | this System;
| 7 | | (3) is on a military leave of absence;
| 8 | | (4) is eligible to participate in the Federal Civil | 9 | | Service Retirement
System and is currently making | 10 | | contributions to that system based upon
earnings paid by | 11 | | an employer;
| 12 | | (5) is on leave of absence without pay for more than 60 | 13 | | days
immediately following termination of disability | 14 | | benefits under this
Article;
| 15 | | (6) is hired after June 30, 1979 as a public service | 16 | | employment program
participant under the Federal | 17 | | Comprehensive Employment and Training Act
and receives | 18 | | earnings in whole or in part from funds provided under | 19 | | that
Act; or
| 20 | | (7) is employed on or after July 1, 1991 to perform | 21 | | services that
are excluded by subdivision (a)(7)(f) or | 22 | | (a)(19) of Section 210 of the
federal Social Security Act | 23 | | from the definition of employment given in that
Section | 24 | | (42 U.S.C. 410) ; or . | 25 | | (8) receives a line of duty disability annuity under | 26 | | Section 15-153.4.
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| 1 | | (b) Any employer may, by filing a written notice with the | 2 | | board, exclude
from the definition of "employee" all persons | 3 | | employed pursuant to a federally
funded contract entered into | 4 | | after July 1, 1982 with a federal military
department in a | 5 | | program providing training in military courses to federal
| 6 | | military personnel on a military site owned by the United | 7 | | States Government,
if this exclusion is not prohibited by the | 8 | | federally funded contract or
federal laws or rules governing | 9 | | the administration of the contract.
| 10 | | (c) Any person appointed by the Governor under the Civil | 11 | | Administrative
Code of Illinois is an employee, if he or she is | 12 | | a participant in this
system on the effective date of the | 13 | | appointment.
| 14 | | (d) A participant on lay-off status under civil service | 15 | | rules is
considered an employee for not more than 120 days from | 16 | | the date of the lay-off.
| 17 | | (e) A participant is considered an employee during (1) the | 18 | | first 60 days
of disability leave, (2) the period, not to | 19 | | exceed one year, in which his
or her eligibility for | 20 | | disability benefits is being considered by the board
or | 21 | | reviewed by the courts, and (3) the period he or she receives | 22 | | disability
benefits under the provisions of Section 15-152, | 23 | | workers' compensation or
occupational disease benefits, or | 24 | | disability income under an insurance
contract financed wholly | 25 | | or partially by the employer.
| 26 | | (f) Absences without pay, other than formal leaves of |
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| 1 | | absence, of less
than 30 calendar days, are not considered as | 2 | | an interruption of a person's
status as an employee. If such | 3 | | absences during any period of 12 months
exceed 30 work days, | 4 | | the employee status of the person is considered as
interrupted | 5 | | as of the 31st work day.
| 6 | | (g) A staff member whose employment contract requires | 7 | | services during
an academic term is to be considered an | 8 | | employee during the summer and
other vacation periods, unless | 9 | | he or she declines an employment contract
for the succeeding | 10 | | academic term or his or her employment status is
otherwise | 11 | | terminated, and he or she receives no earnings during these | 12 | | periods.
| 13 | | (h) An individual who was a participating employee | 14 | | employed in the fire
department of the University of | 15 | | Illinois's Champaign-Urbana campus immediately
prior to the | 16 | | elimination of that fire department and who immediately after | 17 | | the
elimination of that fire department became employed by the | 18 | | fire department of
the City of Urbana or the City of Champaign | 19 | | shall continue to be considered as
an employee for purposes of | 20 | | this Article for so long as the individual remains
employed as | 21 | | a firefighter by the City of Urbana or the City of Champaign. | 22 | | The
individual shall cease to be considered an employee under | 23 | | this subsection (h)
upon the first termination of the | 24 | | individual's employment as a firefighter by
the City of Urbana | 25 | | or the City of Champaign.
| 26 | | (i) An individual who is employed on a full-time basis as |
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| 1 | | an officer
or employee of a statewide teacher organization | 2 | | that serves System
participants or an officer of a national | 3 | | teacher organization that serves
System participants may | 4 | | participate in the System and shall be deemed an
employee, | 5 | | provided that (1) the individual has previously earned
| 6 | | creditable service under this Article, (2) the individual | 7 | | files with the
System an irrevocable election to become a | 8 | | participant before January 5, 2012 (the effective date of | 9 | | Public Act 97-651), (3) the
individual does not receive credit | 10 | | for that employment under any other Article
of this Code, and | 11 | | (4) the individual first became a full-time employee of the | 12 | | teacher organization and becomes a participant before January | 13 | | 5, 2012 (the effective date of Public Act 97-651). An employee | 14 | | under this subsection (i) is responsible for paying
to the | 15 | | System both (A) employee contributions based on the actual | 16 | | compensation
received for service with the teacher | 17 | | organization and (B) employer
contributions equal to the | 18 | | normal costs (as defined in Section 15-155)
resulting from | 19 | | that service; all or any part of these contributions may be
| 20 | | paid on the employee's behalf or picked up for tax purposes (if | 21 | | authorized
under federal law) by the teacher organization.
| 22 | | A person who is an employee as defined in this subsection | 23 | | (i) may establish
service credit for similar employment prior | 24 | | to becoming an employee under this
subsection by paying to the | 25 | | System for that employment the contributions
specified in this | 26 | | subsection, plus interest at the effective rate from the
date |
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| 1 | | of service to the date of payment. However, credit shall not be | 2 | | granted
under this subsection for any such prior employment | 3 | | for which the applicant
received credit under any other | 4 | | provision of this Code, or during which
the applicant was on a | 5 | | leave of absence under Section 15-113.2.
| 6 | | (j) A person employed by the State Board of Higher | 7 | | Education in a position with the Illinois Century Network as | 8 | | of June 30, 2004 shall be considered to be an employee for so | 9 | | long as he or she remains continuously employed after that | 10 | | date by the Department of Central Management Services in a | 11 | | position with the Illinois Century Network, the Bureau of | 12 | | Communication and Computer Services, or, if applicable, any | 13 | | successor bureau
or the Department of Innovation and | 14 | | Technology and meets the requirements of subsection (a).
| 15 | | (k) The Board shall promulgate rules with respect to | 16 | | determining whether any person is an employee within the | 17 | | meaning of this Section. In the case of doubt as to whether any | 18 | | person is an employee within the meaning of this
Section or any | 19 | | rule adopted by the Board, the decision of the Board shall be
| 20 | | final. | 21 | | (Source: P.A. 101-81, eff. 7-12-19; 101-321, eff. 8-9-19.)
| 22 | | (40 ILCS 5/15-113.13 new) | 23 | | Sec. 15-113.13. Transfer from Article 3. A police officer
| 24 | | may elect to transfer up to
10 years of service credit to the | 25 | | System as set forth in Section
3-110.15. To establish |
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| 1 | | creditable service under this Section,
the police officer may | 2 | | elect to do either
of the following: | 3 | | (1) pay to the System an amount to be determined by the
| 4 | | Board, equal to (i) the difference between the amount of
| 5 | | employee and employer contributions transferred to the
| 6 | | System under Section 3-110.15 and the amounts that would
| 7 | | have been contributed had such contributions been made at
| 8 | | the rates applicable to a police officer
under this | 9 | | Article, plus (ii) interest thereon at
the actuarially | 10 | | assumed rate, compounded annually, from
the date of | 11 | | service to the date of payment; or | 12 | | (2) have the amount of his or her creditable service
| 13 | | established under this Section reduced by an amount
| 14 | | corresponding to the amount by which (i) the employer and
| 15 | | employee contributions that would have been required if he
| 16 | | or she had participated in the System as a police officer | 17 | | during the period for which credit is
being transferred, | 18 | | plus interest thereon at the
actuarially assumed rate, | 19 | | compounded annually, from the
date of termination of the | 20 | | service for which credit is
being transferred to the date | 21 | | of payment, exceeds (ii) the
amount actually transferred | 22 | | to the System. | 23 | | Notwithstanding the amount transferred by the Article 3
| 24 | | fund pursuant to Section 3-110.15, in no event shall the
| 25 | | service credit established under this Section exceed the
| 26 | | lesser of 10 years or the actual amount of service credit that
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| 1 | | had been earned in the Article 3 fund.
| 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 | 6 | | years 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 | 6 | | requirements of this Article may elect to receive the lower | 7 | | retirement annuity provided in subsection (b-5) of Section | 8 | | 15-136 of this 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. A Tier 2 member who has at least | 14 | | 20 years of service in this system as a police officer is | 15 | | entitled to a retirement annuity upon written application on | 16 | | or after the attainment of age 55 if Rule 4 of Section 15-136 | 17 | | is applicable to the participant. The changes made to this | 18 | | subsection by this amendatory Act of the 103rd General | 19 | | Assembly and Public Act 101-610 this amendatory Act of the | 20 | | 101st General Assembly apply retroactively to January 1, 2011. | 21 | | (b) The annuity payment period shall begin on the date | 22 | | specified by the
participant or the recipient of a disability | 23 | | retirement annuity submitting a written application. For a | 24 | | participant, the date on which the annuity payment period | 25 | | begins shall not be prior
to termination of employment or more | 26 | | than one year before the application is
received by the board; |
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| 1 | | however, if the participant is not an employee of an
employer | 2 | | participating in this System or in a participating system as | 3 | | defined
in Article 20 of this Code on April 1 of the calendar | 4 | | year next following
the calendar year in which the participant | 5 | | attains the age specified under Section 401(a)(9) of the | 6 | | Internal Revenue Code of 1986, as amended, the annuity
payment | 7 | | period shall begin on that date regardless of whether an | 8 | | application
has been filed. For a recipient of a disability | 9 | | retirement annuity, the date on which the annuity payment | 10 | | period begins shall not be prior to the discontinuation of the | 11 | | disability retirement annuity under Section 15-153.2.
| 12 | | (c) An annuity is not payable if the amount provided under | 13 | | Section
15-136 is less than $10 per month.
| 14 | | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21.)
| 15 | | (40 ILCS 5/15-153.3) (from Ch. 108 1/2, par. 15-153.3)
| 16 | | Sec. 15-153.3. Automatic increase in disability benefit. | 17 | | Each disability
benefit payable under Section 15-150 and | 18 | | calculated under Section 15-153 or
15-153.2 and each line of | 19 | | duty disability annuity under Section 15-153.4 that has not | 20 | | yet received an initial increase under this Section
shall be | 21 | | increased by 0.25% of the monthly disability benefit | 22 | | multiplied by
the number of full months that have elapsed | 23 | | since the benefit began on January 1, 2002 or
the January 1 | 24 | | next following the
granting of the benefit, whichever occurs | 25 | | later.
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| 1 | | On each January 1 following the initial increase under | 2 | | this
Section, the disability benefit shall be increased by 3% | 3 | | of the current
amount of the benefit, including prior | 4 | | increases under this Article.
| 5 | | The changes made to this Section by this amendatory Act of | 6 | | the 92nd
General Assembly apply without regard to whether the | 7 | | benefit recipient
was in service on or after the effective | 8 | | date of this amendatory Act.
| 9 | | (Source: P.A. 92-749, eff. 8-2-02.)
| 10 | | (40 ILCS 5/15-153.4 new) | 11 | | Sec. 15-153.4. Line of duty disability annuity. | 12 | | (a) This Section applies only to police officers, and the | 13 | | annuities provided under this Section are in lieu of the | 14 | | benefits under Section 15-150, disability retirement | 15 | | annuities, and retirement annuities. If a police officer, as | 16 | | the result of sickness, accident, or injury incurred in or | 17 | | resulting from the performance of an act of duty, is found to | 18 | | be physically or mentally disabled for service as a police | 19 | | officer so as to render necessary his or her suspension or | 20 | | retirement from the police service or is found to be unable to | 21 | | perform his or her duties as a police officer by reason of | 22 | | heart disease, stroke, tuberculosis, or any disease of the | 23 | | lungs or respiratory tract, resulting from service as a police | 24 | | officer, then the police officer shall be entitled to a line of | 25 | | duty disability annuity under this Section equal to the |
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| 1 | | greater of: (1) 65% of the salary attached to the rank on the | 2 | | police force held by the officer at the date of suspension of | 3 | | duty or retirement; or (2) the retirement annuity that the | 4 | | police officer would be eligible to receive if he or she | 5 | | retired (but not including any automatic annual increase in | 6 | | that retirement annuity). The amount of the benefit shall be | 7 | | subject to the reductions specified in Section 15-153.1. | 8 | | Any police officer who suffers a heart attack or stroke as | 9 | | a result of the performance and discharge of police duty shall | 10 | | be considered to have been injured in the performance of an act | 11 | | of duty and shall be eligible for the benefits provided under | 12 | | this Section. | 13 | | A police officer shall be considered to be in the | 14 | | performance of an act of duty while on any assignment approved | 15 | | by the police officer's chief, whether the assignment is on or | 16 | | off the employer's property. | 17 | | (b) A line of duty disability annuity shall not be paid | 18 | | unless there is filed with the Board certificates of the | 19 | | police officer's disability, subscribed and sworn to by the | 20 | | police officer if he or she is not under legal disability, or | 21 | | by a representative if the police officer is under legal | 22 | | disability, and by the police surgeon (if there is one) and 3 | 23 | | practicing physicians selected by the Board. The Board may | 24 | | require other evidence of disability. Medical examination of a | 25 | | police officer receiving a line of duty disability annuity | 26 | | shall be made at least once each year prior to attainment of |
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| 1 | | age 50, as verification of the continuance of disability for | 2 | | service as a police officer. No examination shall be required | 3 | | after age 50. | 4 | | (c) The System may take appropriate steps to verify the | 5 | | applicant's disability and earnings status and, for this | 6 | | purpose, may request from the Department of Revenue a | 7 | | certified copy of the applicant's Illinois income tax return | 8 | | for any year for which an annuity under this Section is payable | 9 | | or has been paid. | 10 | | (d) A disabled police officer who (1) is receiving a line | 11 | | of duty disability annuity, (2) annually files with the | 12 | | System, while the line of duty disability annuity remains | 13 | | payable, a written application for the benefits of this | 14 | | subsection, including an affidavit stating that the applicant | 15 | | has not earned any income from gainful employment during the | 16 | | most recently concluded tax year and a copy of his or her most | 17 | | recent Illinois income tax return, (3) has service credit | 18 | | under this Article for at least 7 years of active duty, and (4) | 19 | | has been receiving the annuity under this Section for a period | 20 | | that, when added to the officer's total service credit under | 21 | | this Article, equals at least 20 years, shall be eligible to | 22 | | receive an annual noncompounded increase in his or her annuity | 23 | | under this Section, equal to 3% of the original annuity. The | 24 | | annual increase shall accrue on each anniversary of the | 25 | | initial payment date of the line of duty disability annuity | 26 | | under this Section for so long as the annuity remains payable |
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| 1 | | to the disabled police officer and the required annual | 2 | | application is made, except that the annual increases under | 3 | | this Section shall cease if the disabled police officer earns | 4 | | income from gainful employment. Within 60 days after accepting | 5 | | an initial application under this Section, the System shall | 6 | | pay to the disabled police officer, in a lump sum without | 7 | | interest, the amounts resulting from the annual increases that | 8 | | have accrued retroactively. | 9 | | (e) This Section is not limited to persons in active | 10 | | service on or after the effective date of this amendatory Act | 11 | | of the 103rd General Assembly, but it applies only to an | 12 | | annuity that is payable under this Section to a disabled | 13 | | police officer (rather than a survivor). Upon the death of the | 14 | | disabled police officer, the line of duty disability annuity | 15 | | payable under this Section to his or her survivors shall | 16 | | include any annual increases previously received, but no | 17 | | additional increases shall accrue under this subsection. | 18 | | (f) If a police officer who receives a line of duty | 19 | | disability annuity under this Section dies while still | 20 | | disabled, the line of duty disability annuity under this | 21 | | Section shall continue to be paid to his or her survivors in | 22 | | the sequence provided in Section 15-145 in lieu of the | 23 | | survivors insurance benefits provided in Section 15-145, | 24 | | unless the survivors insurance benefits are greater. | 25 | | (g) The Board shall adopt rules governing the filing, | 26 | | investigation, control, and supervision of line of duty |
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| 1 | | disability annuity claims. | 2 | | (40 ILCS 5/15-198)
| 3 | | Sec. 15-198. Application and expiration of new benefit | 4 | | increases. | 5 | | (a) As used in this Section, "new benefit increase" means | 6 | | an increase in the amount of any benefit provided under this | 7 | | Article, or an expansion of the conditions of eligibility for | 8 | | any benefit under this Article, that results from an amendment | 9 | | to this Code that takes effect after June 1, 2005 (the | 10 | | effective date of Public Act 94-4). "New benefit increase", | 11 | | however, does not include any benefit increase resulting from | 12 | | the changes made to Article 1 or this Article by Public Act | 13 | | 100-23, Public Act 100-587, Public Act 100-769, Public Act | 14 | | 101-10, Public Act 101-610, Public Act 102-16, or this | 15 | | amendatory Act of the 103rd General Assembly this amendatory | 16 | | Act of the 102nd General Assembly . | 17 | | (b) Notwithstanding any other provision of this Code or | 18 | | any subsequent amendment to this Code, every new benefit | 19 | | increase is subject to this Section and shall be deemed to be | 20 | | granted only in conformance with and contingent upon | 21 | | compliance with the provisions of this Section.
| 22 | | (c) The Public Act enacting a new benefit increase must | 23 | | identify and provide for payment to the System of additional | 24 | | funding at least sufficient to fund the resulting annual | 25 | | increase in cost to the System as it accrues. |
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| 1 | | Every new benefit increase is contingent upon the General | 2 | | Assembly providing the additional funding required under this | 3 | | subsection. The Commission on Government Forecasting and | 4 | | Accountability shall analyze whether adequate additional | 5 | | funding has been provided for the new benefit increase and | 6 | | shall report its analysis to the Public Pension Division of | 7 | | the Department of Insurance. A new benefit increase created by | 8 | | a Public Act that does not include the additional funding | 9 | | required under this subsection is null and void. If the Public | 10 | | Pension Division determines that the additional funding | 11 | | provided for a new benefit increase under this subsection is | 12 | | or has become inadequate, it may so certify to the Governor and | 13 | | the State Comptroller and, in the absence of corrective action | 14 | | by the General Assembly, the new benefit increase shall expire | 15 | | at the end of the fiscal year in which the certification is | 16 | | made.
| 17 | | (d) Every new benefit increase shall expire 5 years after | 18 | | its effective date or on such earlier date as may be specified | 19 | | in the language enacting the new benefit increase or provided | 20 | | under subsection (c). This does not prevent the General | 21 | | Assembly from extending or re-creating a new benefit increase | 22 | | by law. | 23 | | (e) Except as otherwise provided in the language creating | 24 | | the new benefit increase, a new benefit increase that expires | 25 | | under this Section continues to apply to persons who applied | 26 | | and qualified for the affected benefit while the new benefit |
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| 1 | | increase was in effect and to the affected beneficiaries and | 2 | | alternate payees of such persons, but does not apply to any | 3 | | other person, including, without limitation, a person who | 4 | | continues in service after the expiration date and did not | 5 | | apply and qualify for the affected benefit while the new | 6 | | benefit increase was in effect.
| 7 | | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; | 8 | | 101-610, eff. 1-1-20; 102-16, eff. 6-17-21.)
| 9 | | Section 90. The State Mandates Act is amended by adding | 10 | | Section 8.47 as follows: | 11 | | (30 ILCS 805/8.47 new) | 12 | | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | 13 | | 8 of this Act, no reimbursement by the State is required for | 14 | | the implementation of any mandate created by this amendatory | 15 | | Act of the 103rd General Assembly. ".
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