Full Text of HB2352 103rd General Assembly
HB2352sam003 103RD GENERAL ASSEMBLY | Sen. Robert F. Martwick Filed: 5/16/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2352
| 2 | | AMENDMENT NO. ______. Amend House Bill 2352, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Pension Code is amended by | 6 | | changing Sections 1-160, 9-169, 9-179.1, 9-184, 9-185, 9-195, | 7 | | and 9-199 and by adding Sections 9-169.1, 9-169.2, and 9-240 | 8 | | as follows:
| 9 | | (40 ILCS 5/1-160)
| 10 | | (Text of Section from P.A. 102-719) | 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 | | 7, 15, or 18 of this Code, notwithstanding any other provision | 2 | | of this Code to the contrary, but do not apply to any | 3 | | self-managed plan established under this Code or to any | 4 | | participant of the retirement plan established under Section | 5 | | 22-101; except that this Section applies to a person who | 6 | | elected to establish alternative credits by electing in | 7 | | writing after January 1, 2011, but before August 8, 2011, | 8 | | under Section 7-145.1 of this Code. Notwithstanding anything | 9 | | to the contrary in this Section, for purposes of this Section, | 10 | | a person who is a Tier 1 regular employee as defined in Section | 11 | | 7-109.4 of this Code or who participated in a retirement | 12 | | system under Article 15 prior to January 1, 2011 shall be | 13 | | deemed a person who first became a member or participant prior | 14 | | to January 1, 2011 under any retirement system or pension fund | 15 | | subject to this Section. The changes made to this Section by | 16 | | Public Act 98-596 are a clarification of existing law and are | 17 | | intended to be retroactive to January 1, 2011 (the effective | 18 | | date of Public Act 96-889), notwithstanding the provisions of | 19 | | Section 1-103.1 of this Code. | 20 | | This Section does not apply to a person who first becomes a | 21 | | noncovered employee under Article 14 on or after the | 22 | | implementation date of the plan created under Section 1-161 | 23 | | for that Article, unless that person elects under subsection | 24 | | (b) of Section 1-161 to instead receive the benefits provided | 25 | | under this Section and the applicable provisions of that | 26 | | Article. |
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| 1 | | This Section does not apply to a person who first becomes a | 2 | | member or participant under Article 16 on or after the | 3 | | implementation date of the plan created under Section 1-161 | 4 | | for that Article, unless that person elects under subsection | 5 | | (b) of Section 1-161 to instead receive the benefits provided | 6 | | under this Section and the applicable provisions of that | 7 | | Article. | 8 | | This Section does not apply to a person who elects under | 9 | | subsection (c-5) of Section 1-161 to receive the benefits | 10 | | under Section 1-161. | 11 | | This Section does not apply to a person who first becomes a | 12 | | member or participant of an affected pension fund on or after 6 | 13 | | months after the resolution or ordinance date, as defined in | 14 | | Section 1-162, unless that person elects under subsection (c) | 15 | | of Section 1-162 to receive the benefits provided under this | 16 | | Section and the applicable provisions of the Article under | 17 | | which he or she is a member or participant. | 18 | | (b) "Final average salary" means, except as otherwise | 19 | | provided in this subsection, the average monthly (or annual) | 20 | | salary obtained by dividing the total salary or earnings | 21 | | calculated under the Article applicable to the member or | 22 | | participant during the 96 consecutive months (or 8 consecutive | 23 | | years) of service within the last 120 months (or 10 years) of | 24 | | service in which the total salary or earnings calculated under | 25 | | the applicable Article was the highest by the number of months | 26 | | (or years) of service in that period. For the purposes of a |
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| 1 | | person who first becomes a member or participant of any | 2 | | retirement system or pension fund to which this Section | 3 | | applies on or after January 1, 2011, in this Code, "final | 4 | | average salary" shall be substituted for the following: | 5 | | (1) (Blank). | 6 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 7 | | annual salary for any 4 consecutive years within the last | 8 | | 10 years of service immediately preceding the date of | 9 | | withdrawal". | 10 | | (3) In Article 13, "average final salary". | 11 | | (4) In Article 14, "final average compensation". | 12 | | (5) In Article 17, "average salary". | 13 | | (6) In Section 22-207, "wages or salary received by | 14 | | him at the date of retirement or discharge". | 15 | | A member of the Teachers' Retirement System of the State | 16 | | of Illinois who retires on or after June 1, 2021 and for whom | 17 | | the 2020-2021 school year is used in the calculation of the | 18 | | member's final average salary shall use the higher of the | 19 | | following for the purpose of determining the member's final | 20 | | average salary: | 21 | | (A) the amount otherwise calculated under the first | 22 | | paragraph of this subsection; or | 23 | | (B) an amount calculated by the Teachers' Retirement | 24 | | System of the State of Illinois using the average of the | 25 | | monthly (or annual) salary obtained by dividing the total | 26 | | salary or earnings calculated under Article 16 applicable |
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| 1 | | to the member or participant during the 96 months (or 8 | 2 | | years) of service within the last 120 months (or 10 years) | 3 | | of service in which the total salary or earnings | 4 | | calculated under the Article was the highest by the number | 5 | | of months (or years) of service in that period. | 6 | | (b-5) Beginning on January 1, 2011, for all purposes under | 7 | | this Code (including without limitation the calculation of | 8 | | benefits and employee contributions), the annual earnings, | 9 | | salary, or wages (based on the plan year) of a member or | 10 | | participant to whom this Section applies shall not exceed | 11 | | $106,800; however, that amount shall annually thereafter be | 12 | | increased by the lesser of (i) 3% of that amount, including all | 13 | | previous adjustments, or (ii) one-half the annual unadjusted | 14 | | percentage increase (but not less than zero) in the consumer | 15 | | price index-u
for the 12 months ending with the September | 16 | | preceding each November 1, including all previous adjustments. | 17 | | For the purposes of this Section, "consumer price index-u" | 18 | | means
the index published by the Bureau of Labor Statistics of | 19 | | the United States
Department of Labor that measures the | 20 | | average change in prices of goods and
services purchased by | 21 | | all urban consumers, United States city average, all
items, | 22 | | 1982-84 = 100. The new amount resulting from each annual | 23 | | adjustment
shall be determined by the Public Pension Division | 24 | | of the Department of Insurance and made available to the | 25 | | boards of the retirement systems and pension funds by November | 26 | | 1 of each year. |
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| 1 | | (b-10) Beginning on January 1, 2024, for all purposes | 2 | | under this Code (including, without limitation, the | 3 | | calculation of benefits and employee contributions), the | 4 | | annual earnings, salary, or wages (based on the plan year) of a | 5 | | member or participant under Article 9 to whom this Section | 6 | | applies shall include an annual earnings, salary, or wage cap | 7 | | that tracks the Social Security wage base. Maximum annual | 8 | | earnings, wages, or salary shall be the annual contribution | 9 | | and benefit base established for the applicable year by the | 10 | | Commissioner of the Social Security Administration under the | 11 | | federal Social Security Act. | 12 | | However, in no event shall the annual earnings, salary, or | 13 | | wages for the purposes of this Article and Article 9 exceed any | 14 | | limitation imposed on annual earnings, salary, or wages under | 15 | | Section 1-117.
Under no circumstances shall the maximum amount | 16 | | of annual earnings, salary, or wages be greater than the | 17 | | amount set forth in this subsection (b-10) as a result of | 18 | | reciprocal service or any provisions regarding reciprocal | 19 | | services, nor shall the Fund under Article 9 be required to pay | 20 | | any refund as a result of the application of this maximum | 21 | | annual earnings, salary, and wage cap. | 22 | | Nothing in this subsection (b-10) shall cause or otherwise | 23 | | result in any retroactive adjustment of any employee | 24 | | contributions. Nothing in this subsection (b-10) shall cause | 25 | | or otherwise result in any retroactive adjustment of | 26 | | disability or other payments made between January 1, 2011 and |
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| 1 | | January 1, 2024. | 2 | | (c) A member or participant is entitled to a retirement
| 3 | | annuity upon written application if he or she has attained age | 4 | | 67 (age 65, with respect to service under Article 12 that is | 5 | | subject to this Section, for a member or participant under | 6 | | Article 12 who first becomes a member or participant under | 7 | | Article 12 on or after January 1, 2022 or who makes the | 8 | | election under item (i) of subsection (d-15) of this Section) | 9 | | and has at least 10 years of service credit and is otherwise | 10 | | eligible under the requirements of the applicable Article. | 11 | | A member or participant who has attained age 62 (age 60, | 12 | | with respect to service under Article 12 that is subject to | 13 | | this Section, for a member or participant under Article 12 who | 14 | | first becomes a member or participant under Article 12 on or | 15 | | after January 1, 2022 or who makes the election under item (i) | 16 | | of subsection (d-15) of this Section) and has at least 10 years | 17 | | of service credit and is otherwise eligible under the | 18 | | requirements of the applicable Article may elect to receive | 19 | | the lower retirement annuity provided
in subsection (d) of | 20 | | this Section. | 21 | | (c-5) A person who first becomes a member or a participant | 22 | | subject to this Section on or after July 6, 2017 (the effective | 23 | | date of Public Act 100-23), notwithstanding any other | 24 | | provision of this Code to the contrary, is entitled to a | 25 | | retirement annuity under Article 8 or Article 11 upon written | 26 | | application if he or she has attained age 65 and has at least |
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| 1 | | 10 years of service credit and is otherwise eligible under the | 2 | | requirements of Article 8 or Article 11 of this Code, | 3 | | whichever is applicable. | 4 | | (d) The retirement annuity of a member or participant who | 5 | | is retiring after attaining age 62 (age 60, with respect to | 6 | | service under Article 12 that is subject to this Section, for a | 7 | | member or participant under Article 12 who first becomes a | 8 | | member or participant under Article 12 on or after January 1, | 9 | | 2022 or who makes the election under item (i) of subsection | 10 | | (d-15) of this Section) with at least 10 years of service | 11 | | credit shall be reduced by one-half
of 1% for each full month | 12 | | that the member's age is under age 67 (age 65, with respect to | 13 | | service under Article 12 that is subject to this Section, for a | 14 | | member or participant under Article 12 who first becomes a | 15 | | member or participant under Article 12 on or after January 1, | 16 | | 2022 or who makes the election under item (i) of subsection | 17 | | (d-15) of this Section). | 18 | | (d-5) The retirement annuity payable under Article 8 or | 19 | | Article 11 to an eligible person subject to subsection (c-5) | 20 | | of this Section who is retiring at age 60 with at least 10 | 21 | | years of service credit shall be reduced by one-half of 1% for | 22 | | each full month that the member's age is under age 65. | 23 | | (d-10) Each person who first became a member or | 24 | | participant under Article 8 or Article 11 of this Code on or | 25 | | after January 1, 2011 and prior to July 6, 2017 (the effective | 26 | | date of Public Act 100-23) shall make an irrevocable election |
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| 1 | | either: | 2 | | (i) to be eligible for the reduced retirement age | 3 | | provided in subsections (c-5)
and (d-5) of this Section, | 4 | | the eligibility for which is conditioned upon the member | 5 | | or participant agreeing to the increases in employee | 6 | | contributions for age and service annuities provided in | 7 | | subsection (a-5) of Section 8-174 of this Code (for | 8 | | service under Article 8) or subsection (a-5) of Section | 9 | | 11-170 of this Code (for service under Article 11); or | 10 | | (ii) to not agree to item (i) of this subsection | 11 | | (d-10), in which case the member or participant shall | 12 | | continue to be subject to the retirement age provisions in | 13 | | subsections (c) and (d) of this Section and the employee | 14 | | contributions for age and service annuity as provided in | 15 | | subsection (a) of Section 8-174 of this Code (for service | 16 | | under Article 8) or subsection (a) of Section 11-170 of | 17 | | this Code (for service under Article 11). | 18 | | The election provided for in this subsection shall be made | 19 | | between October 1, 2017 and November 15, 2017. A person | 20 | | subject to this subsection who makes the required election | 21 | | shall remain bound by that election. A person subject to this | 22 | | subsection who fails for any reason to make the required | 23 | | election within the time specified in this subsection shall be | 24 | | deemed to have made the election under item (ii). | 25 | | (d-15) Each person who first becomes a member or | 26 | | participant under Article 12 on or after January 1, 2011 and |
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| 1 | | prior to January 1, 2022 shall make an irrevocable election | 2 | | either: | 3 | | (i) to be eligible for the reduced retirement age | 4 | | specified in subsections (c) and (d) of this Section, the | 5 | | eligibility for which is conditioned upon the member or | 6 | | participant agreeing to the increase in employee | 7 | | contributions for service annuities specified in | 8 | | subsection (b) of Section 12-150; or | 9 | | (ii) to not agree to item (i) of this subsection | 10 | | (d-15), in which case the member or participant shall not | 11 | | be eligible for the reduced retirement age specified in | 12 | | subsections (c) and (d) of this Section and shall not be | 13 | | subject to the increase in employee contributions for | 14 | | service annuities specified in subsection (b) of Section | 15 | | 12-150. | 16 | | The election provided for in this subsection shall be made | 17 | | between January 1, 2022 and April 1, 2022. A person subject to | 18 | | this subsection who makes the required election shall remain | 19 | | bound by that election. A person subject to this subsection | 20 | | who fails for any reason to make the required election within | 21 | | the time specified in this subsection shall be deemed to have | 22 | | made the election under item (ii). | 23 | | (e) Any retirement annuity or supplemental annuity shall | 24 | | be subject to annual increases on the January 1 occurring | 25 | | either on or after the attainment of age 67 (age 65, with | 26 | | respect to service under Article 12 that is subject to this |
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| 1 | | Section, for a member or participant under Article 12 who | 2 | | first becomes a member or participant under Article 12 on or | 3 | | after January 1, 2022 or who makes the election under item (i) | 4 | | of subsection (d-15); and beginning on July 6, 2017 (the | 5 | | effective date of Public Act 100-23), age 65 with respect to | 6 | | service under Article 8 or Article 11 for eligible persons | 7 | | who: (i) are subject to subsection (c-5) of this Section; or | 8 | | (ii) made the election under item (i) of subsection (d-10) of | 9 | | this Section) or the first anniversary of the annuity start | 10 | | date, whichever is later. Each annual increase shall be | 11 | | calculated at 3% or one-half the annual unadjusted percentage | 12 | | increase (but not less than zero) in the consumer price | 13 | | index-u for the 12 months ending with the September preceding | 14 | | each November 1, whichever is less, of the originally granted | 15 | | retirement annuity. If the annual unadjusted percentage change | 16 | | in the consumer price index-u for the 12 months ending with the | 17 | | September preceding each November 1 is zero or there is a | 18 | | decrease, then the annuity shall not be increased. | 19 | | For the purposes of Section 1-103.1 of this Code, the | 20 | | changes made to this Section by Public Act 102-263 are | 21 | | applicable without regard to whether the employee was in | 22 | | active service on or after August 6, 2021 (the effective date | 23 | | of Public Act 102-263). | 24 | | For the purposes of Section 1-103.1 of this Code, the | 25 | | changes made to this Section by Public Act 100-23 are | 26 | | applicable without regard to whether the employee was in |
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| 1 | | active service on or after July 6, 2017 (the effective date of | 2 | | Public Act 100-23). | 3 | | (f) The initial survivor's or widow's annuity of an | 4 | | otherwise eligible survivor or widow of a retired member or | 5 | | participant who first became a member or participant on or | 6 | | after January 1, 2011 shall be in the amount of 66 2/3% of the | 7 | | retired member's or participant's retirement annuity at the | 8 | | date of death. In the case of the death of a member or | 9 | | participant who has not retired and who first became a member | 10 | | or participant on or after January 1, 2011, eligibility for a | 11 | | survivor's or widow's annuity shall be determined by the | 12 | | applicable Article of this Code. The initial benefit shall be | 13 | | 66 2/3% of the earned annuity without a reduction due to age. A | 14 | | child's annuity of an otherwise eligible child shall be in the | 15 | | amount prescribed under each Article if applicable. Any | 16 | | survivor's or widow's annuity shall be increased (1) on each | 17 | | January 1 occurring on or after the commencement of the | 18 | | annuity if
the deceased member died while receiving a | 19 | | retirement annuity or (2) in
other cases, on each January 1 | 20 | | occurring after the first anniversary
of the commencement of | 21 | | the annuity. Each annual increase shall be calculated at 3% or | 22 | | one-half the annual unadjusted percentage increase (but not | 23 | | less than zero) in the consumer price index-u for the 12 months | 24 | | ending with the September preceding each November 1, whichever | 25 | | is less, of the originally granted survivor's annuity. If the | 26 | | annual unadjusted percentage change in the consumer price |
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| 1 | | index-u for the 12 months ending with the September preceding | 2 | | each November 1 is zero or there is a decrease, then the | 3 | | annuity shall not be increased. | 4 | | (g) The benefits in Section 14-110 apply if the person is a | 5 | | fire fighter in the fire protection service of a department, a | 6 | | security employee of the Department of Corrections or the | 7 | | Department of Juvenile Justice, or a security employee of the | 8 | | Department of Innovation and Technology, as those terms are | 9 | | defined in subsection (b) and subsection (c) of Section | 10 | | 14-110. A person who meets the requirements of this Section is | 11 | | entitled to an annuity calculated under the provisions of | 12 | | Section 14-110, in lieu of the regular or minimum retirement | 13 | | annuity, only if the person has withdrawn from service with | 14 | | not less than 20
years of eligible creditable service and has | 15 | | attained age 60, regardless of whether
the attainment of age | 16 | | 60 occurs while the person is
still in service. | 17 | | (g-5) The benefits in Section 14-110 apply if the person | 18 | | is a State policeman, investigator for the Secretary of State, | 19 | | conservation police officer, investigator for the Department | 20 | | of Revenue or the
Illinois Gaming Board, investigator for the | 21 | | Office of the Attorney
General, Commerce Commission police | 22 | | officer, or arson investigator, as those terms are defined in | 23 | | subsection (b) and subsection (c) of Section 14-110. A person | 24 | | who meets the requirements of this Section is entitled to an | 25 | | annuity calculated under the provisions of Section 14-110, in | 26 | | lieu of the regular or minimum retirement annuity, only if the |
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| 1 | | person has withdrawn from service with not less than 20 years | 2 | | of eligible creditable service and has attained age 55, | 3 | | regardless of whether the attainment of age 55 occurs while | 4 | | the person is 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 | 10 | | by 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 | 25 | | that person's annuity or retirement pension earned as an | 26 | | active 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. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | 17 | | 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-719, eff. | 18 | | 5-6-22.) | 19 | | (Text of Section from P.A. 102-813) | 20 | | Sec. 1-160. Provisions applicable to new hires. | 21 | | (a) The provisions of this Section apply to a person who, | 22 | | on or after January 1, 2011, first becomes a member or a | 23 | | participant under any reciprocal retirement system or pension | 24 | | fund established under this Code, other than a retirement | 25 | | system or pension fund established under Article 2, 3, 4, 5, 6, |
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| 1 | | 7, 15, or 18 of this Code, notwithstanding any other provision | 2 | | of this Code to the contrary, but do not apply to any | 3 | | self-managed plan established under this Code or to any | 4 | | participant of the retirement plan established under Section | 5 | | 22-101; except that this Section applies to a person who | 6 | | elected to establish alternative credits by electing in | 7 | | writing after January 1, 2011, but before August 8, 2011, | 8 | | under Section 7-145.1 of this Code. Notwithstanding anything | 9 | | to the contrary in this Section, for purposes of this Section, | 10 | | a person who is a Tier 1 regular employee as defined in Section | 11 | | 7-109.4 of this Code or who participated in a retirement | 12 | | system under Article 15 prior to January 1, 2011 shall be | 13 | | deemed a person who first became a member or participant prior | 14 | | to January 1, 2011 under any retirement system or pension fund | 15 | | subject to this Section. The changes made to this Section by | 16 | | Public Act 98-596 are a clarification of existing law and are | 17 | | intended to be retroactive to January 1, 2011 (the effective | 18 | | date of Public Act 96-889), notwithstanding the provisions of | 19 | | Section 1-103.1 of this Code. | 20 | | This Section does not apply to a person who first becomes a | 21 | | noncovered employee under Article 14 on or after the | 22 | | implementation date of the plan created under Section 1-161 | 23 | | for that Article, unless that person elects under subsection | 24 | | (b) of Section 1-161 to instead receive the benefits provided | 25 | | under this Section and the applicable provisions of that | 26 | | Article. |
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| 1 | | This Section does not apply to a person who first becomes a | 2 | | member or participant under Article 16 on or after the | 3 | | implementation date of the plan created under Section 1-161 | 4 | | for that Article, unless that person elects under subsection | 5 | | (b) of Section 1-161 to instead receive the benefits provided | 6 | | under this Section and the applicable provisions of that | 7 | | Article. | 8 | | This Section does not apply to a person who elects under | 9 | | subsection (c-5) of Section 1-161 to receive the benefits | 10 | | under Section 1-161. | 11 | | This Section does not apply to a person who first becomes a | 12 | | member or participant of an affected pension fund on or after 6 | 13 | | months after the resolution or ordinance date, as defined in | 14 | | Section 1-162, unless that person elects under subsection (c) | 15 | | of Section 1-162 to receive the benefits provided under this | 16 | | Section and the applicable provisions of the Article under | 17 | | which he or she is a member or participant. | 18 | | (b) "Final average salary" means, except as otherwise | 19 | | provided in this subsection, the average monthly (or annual) | 20 | | salary obtained by dividing the total salary or earnings | 21 | | calculated under the Article applicable to the member or | 22 | | participant during the 96 consecutive months (or 8 consecutive | 23 | | years) of service within the last 120 months (or 10 years) of | 24 | | service in which the total salary or earnings calculated under | 25 | | the applicable Article was the highest by the number of months | 26 | | (or years) of service in that period. For the purposes of a |
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| 1 | | person who first becomes a member or participant of any | 2 | | retirement system or pension fund to which this Section | 3 | | applies on or after January 1, 2011, in this Code, "final | 4 | | average salary" shall be substituted for the following: | 5 | | (1) (Blank). | 6 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 7 | | annual salary for any 4 consecutive years within the last | 8 | | 10 years of service immediately preceding the date of | 9 | | withdrawal". | 10 | | (3) In Article 13, "average final salary". | 11 | | (4) In Article 14, "final average compensation". | 12 | | (5) In Article 17, "average salary". | 13 | | (6) In Section 22-207, "wages or salary received by | 14 | | him at the date of retirement or discharge". | 15 | | A member of the Teachers' Retirement System of the State | 16 | | of Illinois who retires on or after June 1, 2021 and for whom | 17 | | the 2020-2021 school year is used in the calculation of the | 18 | | member's final average salary shall use the higher of the | 19 | | following for the purpose of determining the member's final | 20 | | average salary: | 21 | | (A) the amount otherwise calculated under the first | 22 | | paragraph of this subsection; or | 23 | | (B) an amount calculated by the Teachers' Retirement | 24 | | System of the State of Illinois using the average of the | 25 | | monthly (or annual) salary obtained by dividing the total | 26 | | salary or earnings calculated under Article 16 applicable |
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| 1 | | to the member or participant during the 96 months (or 8 | 2 | | years) of service within the last 120 months (or 10 years) | 3 | | of service in which the total salary or earnings | 4 | | calculated under the Article was the highest by the number | 5 | | of months (or years) of service in that period. | 6 | | (b-5) Beginning on January 1, 2011, for all purposes under | 7 | | this Code (including without limitation the calculation of | 8 | | benefits and employee contributions), the annual earnings, | 9 | | salary, or wages (based on the plan year) of a member or | 10 | | participant to whom this Section applies shall not exceed | 11 | | $106,800; however, that amount shall annually thereafter be | 12 | | increased by the lesser of (i) 3% of that amount, including all | 13 | | previous adjustments, or (ii) one-half the annual unadjusted | 14 | | percentage increase (but not less than zero) in the consumer | 15 | | price index-u
for the 12 months ending with the September | 16 | | preceding each November 1, including all previous adjustments. | 17 | | For the purposes of this Section, "consumer price index-u" | 18 | | means
the index published by the Bureau of Labor Statistics of | 19 | | the United States
Department of Labor that measures the | 20 | | average change in prices of goods and
services purchased by | 21 | | all urban consumers, United States city average, all
items, | 22 | | 1982-84 = 100. The new amount resulting from each annual | 23 | | adjustment
shall be determined by the Public Pension Division | 24 | | of the Department of Insurance and made available to the | 25 | | boards of the retirement systems and pension funds by November | 26 | | 1 of each year. |
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| 1 | | (b-10) Beginning on January 1, 2024, for all purposes | 2 | | under this Code (including, without limitation, the | 3 | | calculation of benefits and employee contributions), the | 4 | | annual earnings, salary, or wages (based on the plan year) of a | 5 | | member or participant under Article 9 to whom this Section | 6 | | applies shall include an annual earnings, salary, or wage cap | 7 | | that tracks the Social Security wage base. Maximum annual | 8 | | earnings, wages, or salary shall be the annual contribution | 9 | | and benefit base established for the applicable year by the | 10 | | Commissioner of the Social Security Administration under the | 11 | | federal Social Security Act. | 12 | | However, in no event shall the annual earnings, salary, or | 13 | | wages for the purposes of this Article and Article 9 exceed any | 14 | | limitation imposed on annual earnings, salary, or wages under | 15 | | Section 1-117.
Under no circumstances shall the maximum amount | 16 | | of annual earnings, salary, or wages be greater than the | 17 | | amount set forth in this subsection (b-10) as a result of | 18 | | reciprocal service or any provisions regarding reciprocal | 19 | | services, nor shall the Fund under Article 9 be required to pay | 20 | | any refund as a result of the application of this maximum | 21 | | annual earnings, salary, and wage cap. | 22 | | Nothing in this subsection (b-10) shall cause or otherwise | 23 | | result in any retroactive adjustment of any employee | 24 | | contributions. Nothing in this subsection (b-10) shall cause | 25 | | or otherwise result in any retroactive adjustment of | 26 | | disability or other payments made between January 1, 2011 and |
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| 1 | | January 1, 2024. | 2 | | (c) A member or participant is entitled to a retirement
| 3 | | annuity upon written application if he or she has attained age | 4 | | 67 (age 65, with respect to service under Article 12 that is | 5 | | subject to this Section, for a member or participant under | 6 | | Article 12 who first becomes a member or participant under | 7 | | Article 12 on or after January 1, 2022 or who makes the | 8 | | election under item (i) of subsection (d-15) of this Section) | 9 | | and has at least 10 years of service credit and is otherwise | 10 | | eligible under the requirements of the applicable Article. | 11 | | A member or participant who has attained age 62 (age 60, | 12 | | with respect to service under Article 12 that is subject to | 13 | | this Section, for a member or participant under Article 12 who | 14 | | first becomes a member or participant under Article 12 on or | 15 | | after January 1, 2022 or who makes the election under item (i) | 16 | | of subsection (d-15) of this Section) and has at least 10 years | 17 | | of service credit and is otherwise eligible under the | 18 | | requirements of the applicable Article may elect to receive | 19 | | the lower retirement annuity provided
in subsection (d) of | 20 | | this Section. | 21 | | (c-5) A person who first becomes a member or a participant | 22 | | subject to this Section on or after July 6, 2017 (the effective | 23 | | date of Public Act 100-23), notwithstanding any other | 24 | | provision of this Code to the contrary, is entitled to a | 25 | | retirement annuity under Article 8 or Article 11 upon written | 26 | | application if he or she has attained age 65 and has at least |
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| 1 | | 10 years of service credit and is otherwise eligible under the | 2 | | requirements of Article 8 or Article 11 of this Code, | 3 | | whichever is applicable. | 4 | | (d) The retirement annuity of a member or participant who | 5 | | is retiring after attaining age 62 (age 60, with respect to | 6 | | service under Article 12 that is subject to this Section, for a | 7 | | member or participant under Article 12 who first becomes a | 8 | | member or participant under Article 12 on or after January 1, | 9 | | 2022 or who makes the election under item (i) of subsection | 10 | | (d-15) of this Section) with at least 10 years of service | 11 | | credit shall be reduced by one-half
of 1% for each full month | 12 | | that the member's age is under age 67 (age 65, with respect to | 13 | | service under Article 12 that is subject to this Section, for a | 14 | | member or participant under Article 12 who first becomes a | 15 | | member or participant under Article 12 on or after January 1, | 16 | | 2022 or who makes the election under item (i) of subsection | 17 | | (d-15) of this Section). | 18 | | (d-5) The retirement annuity payable under Article 8 or | 19 | | Article 11 to an eligible person subject to subsection (c-5) | 20 | | of this Section who is retiring at age 60 with at least 10 | 21 | | years of service credit shall be reduced by one-half of 1% for | 22 | | each full month that the member's age is under age 65. | 23 | | (d-10) Each person who first became a member or | 24 | | participant under Article 8 or Article 11 of this Code on or | 25 | | after January 1, 2011 and prior to July 6, 2017 (the effective | 26 | | date of Public Act 100-23) shall make an irrevocable election |
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| 1 | | either: | 2 | | (i) to be eligible for the reduced retirement age | 3 | | provided in subsections (c-5)
and (d-5) of this Section, | 4 | | the eligibility for which is conditioned upon the member | 5 | | or participant agreeing to the increases in employee | 6 | | contributions for age and service annuities provided in | 7 | | subsection (a-5) of Section 8-174 of this Code (for | 8 | | service under Article 8) or subsection (a-5) of Section | 9 | | 11-170 of this Code (for service under Article 11); or | 10 | | (ii) to not agree to item (i) of this subsection | 11 | | (d-10), in which case the member or participant shall | 12 | | continue to be subject to the retirement age provisions in | 13 | | subsections (c) and (d) of this Section and the employee | 14 | | contributions for age and service annuity as provided in | 15 | | subsection (a) of Section 8-174 of this Code (for service | 16 | | under Article 8) or subsection (a) of Section 11-170 of | 17 | | this Code (for service under Article 11). | 18 | | The election provided for in this subsection shall be made | 19 | | between October 1, 2017 and November 15, 2017. A person | 20 | | subject to this subsection who makes the required election | 21 | | shall remain bound by that election. A person subject to this | 22 | | subsection who fails for any reason to make the required | 23 | | election within the time specified in this subsection shall be | 24 | | deemed to have made the election under item (ii). | 25 | | (d-15) Each person who first becomes a member or | 26 | | participant under Article 12 on or after January 1, 2011 and |
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| 1 | | prior to January 1, 2022 shall make an irrevocable election | 2 | | either: | 3 | | (i) to be eligible for the reduced retirement age | 4 | | specified in subsections (c) and (d) of this Section, the | 5 | | eligibility for which is conditioned upon the member or | 6 | | participant agreeing to the increase in employee | 7 | | contributions for service annuities specified in | 8 | | subsection (b) of Section 12-150; or | 9 | | (ii) to not agree to item (i) of this subsection | 10 | | (d-15), in which case the member or participant shall not | 11 | | be eligible for the reduced retirement age specified in | 12 | | subsections (c) and (d) of this Section and shall not be | 13 | | subject to the increase in employee contributions for | 14 | | service annuities specified in subsection (b) of Section | 15 | | 12-150. | 16 | | The election provided for in this subsection shall be made | 17 | | between January 1, 2022 and April 1, 2022. A person subject to | 18 | | this subsection who makes the required election shall remain | 19 | | bound by that election. A person subject to this subsection | 20 | | who fails for any reason to make the required election within | 21 | | the time specified in this subsection shall be deemed to have | 22 | | made the election under item (ii). | 23 | | (e) Any retirement annuity or supplemental annuity shall | 24 | | be subject to annual increases on the January 1 occurring | 25 | | either on or after the attainment of age 67 (age 65, with | 26 | | respect to service under Article 12 that is subject to this |
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| 1 | | Section, for a member or participant under Article 12 who | 2 | | first becomes a member or participant under Article 12 on or | 3 | | after January 1, 2022 or who makes the election under item (i) | 4 | | of subsection (d-15); and beginning on July 6, 2017 (the | 5 | | effective date of Public Act 100-23), age 65 with respect to | 6 | | service under Article 8 or Article 11 for eligible persons | 7 | | who: (i) are subject to subsection (c-5) of this Section; or | 8 | | (ii) made the election under item (i) of subsection (d-10) of | 9 | | this Section) or the first anniversary of the annuity start | 10 | | date, whichever is later. Each annual increase shall be | 11 | | calculated at 3% or one-half the annual unadjusted percentage | 12 | | increase (but not less than zero) in the consumer price | 13 | | index-u for the 12 months ending with the September preceding | 14 | | each November 1, whichever is less, of the originally granted | 15 | | retirement annuity. If the annual unadjusted percentage change | 16 | | in the consumer price index-u for the 12 months ending with the | 17 | | September preceding each November 1 is zero or there is a | 18 | | decrease, then the annuity shall not be increased. | 19 | | For the purposes of Section 1-103.1 of this Code, the | 20 | | changes made to this Section by Public Act 102-263 are | 21 | | applicable without regard to whether the employee was in | 22 | | active service on or after August 6, 2021 (the effective date | 23 | | of Public Act 102-263). | 24 | | For the purposes of Section 1-103.1 of this Code, the | 25 | | changes made to this Section by Public Act 100-23 are | 26 | | applicable without regard to whether the employee was in |
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| 1 | | active service on or after July 6, 2017 (the effective date of | 2 | | Public Act 100-23). | 3 | | (f) The initial survivor's or widow's annuity of an | 4 | | otherwise eligible survivor or widow of a retired member or | 5 | | participant who first became a member or participant on or | 6 | | after January 1, 2011 shall be in the amount of 66 2/3% of the | 7 | | retired member's or participant's retirement annuity at the | 8 | | date of death. In the case of the death of a member or | 9 | | participant who has not retired and who first became a member | 10 | | or participant on or after January 1, 2011, eligibility for a | 11 | | survivor's or widow's annuity shall be determined by the | 12 | | applicable Article of this Code. The initial benefit shall be | 13 | | 66 2/3% of the earned annuity without a reduction due to age. A | 14 | | child's annuity of an otherwise eligible child shall be in the | 15 | | amount prescribed under each Article if applicable. Any | 16 | | survivor's or widow's annuity shall be increased (1) on each | 17 | | January 1 occurring on or after the commencement of the | 18 | | annuity if
the deceased member died while receiving a | 19 | | retirement annuity or (2) in
other cases, on each January 1 | 20 | | occurring after the first anniversary
of the commencement of | 21 | | the annuity. Each annual increase shall be calculated at 3% or | 22 | | one-half the annual unadjusted percentage increase (but not | 23 | | less than zero) in the consumer price index-u for the 12 months | 24 | | ending with the September preceding each November 1, whichever | 25 | | is less, of the originally granted survivor's annuity. If the | 26 | | annual unadjusted percentage change in the consumer price |
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| 1 | | index-u for the 12 months ending with the September preceding | 2 | | each November 1 is zero or there is a decrease, then the | 3 | | annuity shall not be increased. | 4 | | (g) The benefits in Section 14-110 apply only if the | 5 | | person is a State policeman, a fire fighter in the fire | 6 | | protection service of a department, a conservation police | 7 | | officer, an investigator for the Secretary of State, an arson | 8 | | investigator, a Commerce Commission police officer, | 9 | | investigator for the Department of Revenue or the
Illinois | 10 | | Gaming Board, a security employee of the Department of | 11 | | Corrections or the Department of Juvenile Justice, or a | 12 | | security employee of the Department of Innovation and | 13 | | Technology, as those terms are defined in subsection (b) and | 14 | | subsection (c) of Section 14-110. A person who meets the | 15 | | requirements of this Section is entitled to an annuity | 16 | | calculated under the provisions of Section 14-110, in lieu of | 17 | | the regular or minimum retirement annuity, only if the person | 18 | | has withdrawn from service with not less than 20
years of | 19 | | eligible creditable service and has attained age 60, | 20 | | regardless of whether
the attainment of age 60 occurs while | 21 | | the person is
still in service. | 22 | | (h) If a person who first becomes a member or a participant | 23 | | of a retirement system or pension fund subject to this Section | 24 | | on or after January 1, 2011 is receiving a retirement annuity | 25 | | or retirement pension under that system or fund and becomes a | 26 | | member or participant under any other system or fund created |
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| 1 | | by this Code and is employed on a full-time basis, except for | 2 | | those members or participants exempted from the provisions of | 3 | | this Section under subsection (a) of this Section, then the | 4 | | person's retirement annuity or retirement pension under that | 5 | | system or fund shall be suspended during that employment. Upon | 6 | | termination of that employment, the person's retirement | 7 | | annuity or retirement pension payments shall resume and be | 8 | | recalculated if recalculation is provided for under the | 9 | | applicable Article of this Code. | 10 | | If a person who first becomes a member of a retirement | 11 | | system or pension fund subject to this Section on or after | 12 | | January 1, 2012 and is receiving a retirement annuity or | 13 | | retirement pension under that system or fund and accepts on a | 14 | | contractual basis a position to provide services to a | 15 | | governmental entity from which he or she has retired, then | 16 | | that person's annuity or retirement pension earned as an | 17 | | active employee of the employer shall be suspended during that | 18 | | contractual service. A person receiving an annuity or | 19 | | retirement pension under this Code shall notify the pension | 20 | | fund or retirement system from which he or she is receiving an | 21 | | annuity or retirement pension, as well as his or her | 22 | | contractual employer, of his or her retirement status before | 23 | | accepting contractual employment. A person who fails to submit | 24 | | such notification shall be guilty of a Class A misdemeanor and | 25 | | required to pay a fine of $1,000. Upon termination of that | 26 | | contractual employment, the person's retirement annuity or |
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| 1 | | retirement pension payments shall resume and, if appropriate, | 2 | | be recalculated under the applicable provisions of this Code. | 3 | | (i) (Blank). | 4 | | (j) In the case of a conflict between the provisions of | 5 | | this Section and any other provision of this Code, the | 6 | | provisions of this Section shall control.
| 7 | | (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | 8 | | 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-813, eff. | 9 | | 5-13-22.) | 10 | | (Text of Section from P.A. 102-956) | 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, | 17 | | 7, 15, or 18 of this Code, notwithstanding any other provision | 18 | | of this Code to the contrary, but do not apply to any | 19 | | self-managed plan established under this Code or to any | 20 | | participant of the retirement plan established under Section | 21 | | 22-101; except that this Section applies to a person who | 22 | | elected to establish alternative credits by electing in | 23 | | writing after January 1, 2011, but before August 8, 2011, | 24 | | under Section 7-145.1 of this Code. Notwithstanding anything | 25 | | to the contrary in this Section, for purposes of this Section, |
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| 1 | | a person who is a Tier 1 regular employee as defined in Section | 2 | | 7-109.4 of this Code or who participated in a retirement | 3 | | system under Article 15 prior to January 1, 2011 shall be | 4 | | deemed a person who first became a member or participant prior | 5 | | to January 1, 2011 under any retirement system or pension fund | 6 | | subject to this Section. The changes made to this Section by | 7 | | Public Act 98-596 are a clarification of existing law and are | 8 | | intended to be retroactive to January 1, 2011 (the effective | 9 | | date of Public Act 96-889), notwithstanding the provisions of | 10 | | Section 1-103.1 of this Code. | 11 | | This Section does not apply to a person who first becomes a | 12 | | noncovered employee under Article 14 on or after the | 13 | | implementation date of the plan created under Section 1-161 | 14 | | for that Article, unless that person elects under subsection | 15 | | (b) of Section 1-161 to instead receive the benefits provided | 16 | | under this Section and the applicable provisions of that | 17 | | Article. | 18 | | This Section does not apply to a person who first becomes a | 19 | | member or participant under Article 16 on or after the | 20 | | implementation date of the plan created under Section 1-161 | 21 | | for that Article, unless that person elects under subsection | 22 | | (b) of Section 1-161 to instead receive the benefits provided | 23 | | under this Section and the applicable provisions of that | 24 | | Article. | 25 | | This Section does not apply to a person who elects under | 26 | | subsection (c-5) of Section 1-161 to receive the benefits |
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| 1 | | under Section 1-161. | 2 | | This Section does not apply to a person who first becomes a | 3 | | member or participant of an affected pension fund on or after 6 | 4 | | months after the resolution or ordinance date, as defined in | 5 | | Section 1-162, unless that person elects under subsection (c) | 6 | | of Section 1-162 to receive the benefits provided under this | 7 | | Section and the applicable provisions of the Article under | 8 | | which he or she is a member or participant. | 9 | | (b) "Final average salary" means, except as otherwise | 10 | | provided in this subsection, the average monthly (or annual) | 11 | | salary obtained by dividing the total salary or earnings | 12 | | calculated under the Article applicable to the member or | 13 | | participant during the 96 consecutive months (or 8 consecutive | 14 | | years) of service within the last 120 months (or 10 years) of | 15 | | service in which the total salary or earnings calculated under | 16 | | the applicable Article was the highest by the number of months | 17 | | (or years) of service in that period. For the purposes of a | 18 | | person who first becomes a member or participant of any | 19 | | retirement system or pension fund to which this Section | 20 | | applies on or after January 1, 2011, in this Code, "final | 21 | | average salary" shall be substituted for the following: | 22 | | (1) (Blank). | 23 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 24 | | annual salary for any 4 consecutive years within the last | 25 | | 10 years of service immediately preceding the date of | 26 | | withdrawal". |
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| 1 | | (3) In Article 13, "average final salary". | 2 | | (4) In Article 14, "final average compensation". | 3 | | (5) In Article 17, "average salary". | 4 | | (6) In Section 22-207, "wages or salary received by | 5 | | him at the date of retirement or discharge". | 6 | | A member of the Teachers' Retirement System of the State | 7 | | of Illinois who retires on or after June 1, 2021 and for whom | 8 | | the 2020-2021 school year is used in the calculation of the | 9 | | member's final average salary shall use the higher of the | 10 | | following for the purpose of determining the member's final | 11 | | average salary: | 12 | | (A) the amount otherwise calculated under the first | 13 | | paragraph of this subsection; or | 14 | | (B) an amount calculated by the Teachers' Retirement | 15 | | System of the State of Illinois using the average of the | 16 | | monthly (or annual) salary obtained by dividing the total | 17 | | salary or earnings calculated under Article 16 applicable | 18 | | to the member or participant during the 96 months (or 8 | 19 | | years) of service within the last 120 months (or 10 years) | 20 | | of service in which the total salary or earnings | 21 | | calculated under the Article was the highest by the number | 22 | | of months (or years) of service in that period. | 23 | | (b-5) Beginning on January 1, 2011, for all purposes under | 24 | | this Code (including without limitation the calculation of | 25 | | benefits and employee contributions), the annual earnings, | 26 | | salary, or wages (based on the plan year) of a member or |
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| 1 | | participant to whom this Section applies shall not exceed | 2 | | $106,800; however, that amount shall annually thereafter be | 3 | | increased by the lesser of (i) 3% of that amount, including all | 4 | | previous adjustments, or (ii) one-half the annual unadjusted | 5 | | percentage increase (but not less than zero) in the consumer | 6 | | price index-u
for the 12 months ending with the September | 7 | | preceding each November 1, including all previous adjustments. | 8 | | For the purposes of this Section, "consumer price index-u" | 9 | | means
the index published by the Bureau of Labor Statistics of | 10 | | the United States
Department of Labor that measures the | 11 | | average change in prices of goods and
services purchased by | 12 | | all urban consumers, United States city average, all
items, | 13 | | 1982-84 = 100. The new amount resulting from each annual | 14 | | adjustment
shall be determined by the Public Pension Division | 15 | | of the Department of Insurance and made available to the | 16 | | boards of the retirement systems and pension funds by November | 17 | | 1 of each year. | 18 | | (b-10) Beginning on January 1, 2024, for all purposes | 19 | | under this Code (including, without limitation, the | 20 | | calculation of benefits and employee contributions), the | 21 | | annual earnings, salary, or wages (based on the plan year) of a | 22 | | member or participant under Article 9 to whom this Section | 23 | | applies shall include an annual earnings, salary, or wage cap | 24 | | that tracks the Social Security wage base. Maximum annual | 25 | | earnings, wages, or salary shall be the annual contribution | 26 | | and benefit base established for the applicable year by the |
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| 1 | | Commissioner of the Social Security Administration under the | 2 | | federal Social Security Act. | 3 | | However, in no event shall the annual earnings, salary, or | 4 | | wages for the purposes of this Article and Article 9 exceed any | 5 | | limitation imposed on annual earnings, salary, or wages under | 6 | | Section 1-117.
Under no circumstances shall the maximum amount | 7 | | of annual earnings, salary, or wages be greater than the | 8 | | amount set forth in this subsection (b-10) as a result of | 9 | | reciprocal service or any provisions regarding reciprocal | 10 | | services, nor shall the Fund under Article 9 be required to pay | 11 | | any refund as a result of the application of this maximum | 12 | | annual earnings, salary, and wage cap. | 13 | | Nothing in this subsection (b-10) shall cause or otherwise | 14 | | result in any retroactive adjustment of any employee | 15 | | contributions. Nothing in this subsection (b-10) shall cause | 16 | | or otherwise result in any retroactive adjustment of | 17 | | disability or other payments made between January 1, 2011 and | 18 | | January 1, 2024. | 19 | | (c) A member or participant is entitled to a retirement
| 20 | | annuity upon written application if he or she has attained age | 21 | | 67 (age 65, with respect to service under Article 12 that is | 22 | | subject to this Section, for a member or participant under | 23 | | Article 12 who first becomes a member or participant under | 24 | | Article 12 on or after January 1, 2022 or who makes the | 25 | | election under item (i) of subsection (d-15) of this Section) | 26 | | and has at least 10 years of service credit and is otherwise |
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| 1 | | eligible under the requirements of the applicable Article. | 2 | | A member or participant who has attained age 62 (age 60, | 3 | | with respect to service under Article 12 that is subject to | 4 | | this Section, for a member or participant under Article 12 who | 5 | | first becomes a member or participant under Article 12 on or | 6 | | after January 1, 2022 or who makes the election under item (i) | 7 | | of subsection (d-15) of this Section) and has at least 10 years | 8 | | of service credit and is otherwise eligible under the | 9 | | requirements of the applicable Article may elect to receive | 10 | | the lower retirement annuity provided
in subsection (d) of | 11 | | this Section. | 12 | | (c-5) A person who first becomes a member or a participant | 13 | | subject to this Section on or after July 6, 2017 (the effective | 14 | | date of Public Act 100-23), notwithstanding any other | 15 | | provision of this Code to the contrary, is entitled to a | 16 | | retirement annuity under Article 8 or Article 11 upon written | 17 | | application if he or she has attained age 65 and has at least | 18 | | 10 years of service credit and is otherwise eligible under the | 19 | | requirements of Article 8 or Article 11 of this Code, | 20 | | whichever is applicable. | 21 | | (d) The retirement annuity of a member or participant who | 22 | | is retiring after attaining age 62 (age 60, with respect to | 23 | | service under Article 12 that is subject to this Section, for a | 24 | | member or participant under Article 12 who first becomes a | 25 | | member or participant under Article 12 on or after January 1, | 26 | | 2022 or who makes the election under item (i) of subsection |
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| 1 | | (d-15) of this Section) with at least 10 years of service | 2 | | credit shall be reduced by one-half
of 1% for each full month | 3 | | that the member's age is under age 67 (age 65, with respect to | 4 | | service under Article 12 that is subject to this Section, for a | 5 | | member or participant under Article 12 who first becomes a | 6 | | member or participant under Article 12 on or after January 1, | 7 | | 2022 or who makes the election under item (i) of subsection | 8 | | (d-15) of this Section). | 9 | | (d-5) The retirement annuity payable under Article 8 or | 10 | | Article 11 to an eligible person subject to subsection (c-5) | 11 | | of this Section who is retiring at age 60 with at least 10 | 12 | | years of service credit shall be reduced by one-half of 1% for | 13 | | each full month that the member's age is under age 65. | 14 | | (d-10) Each person who first became a member or | 15 | | participant under Article 8 or Article 11 of this Code on or | 16 | | after January 1, 2011 and prior to July 6, 2017 (the effective | 17 | | date of Public Act 100-23) shall make an irrevocable election | 18 | | either: | 19 | | (i) to be eligible for the reduced retirement age | 20 | | provided in subsections (c-5)
and (d-5) of this Section, | 21 | | the eligibility for which is conditioned upon the member | 22 | | or participant agreeing to the increases in employee | 23 | | contributions for age and service annuities provided in | 24 | | subsection (a-5) of Section 8-174 of this Code (for | 25 | | service under Article 8) or subsection (a-5) of Section | 26 | | 11-170 of this Code (for service under Article 11); or |
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| 1 | | (ii) to not agree to item (i) of this subsection | 2 | | (d-10), in which case the member or participant shall | 3 | | continue to be subject to the retirement age provisions in | 4 | | subsections (c) and (d) of this Section and the employee | 5 | | contributions for age and service annuity as provided in | 6 | | subsection (a) of Section 8-174 of this Code (for service | 7 | | under Article 8) or subsection (a) of Section 11-170 of | 8 | | this Code (for service under Article 11). | 9 | | The election provided for in this subsection shall be made | 10 | | between October 1, 2017 and November 15, 2017. A person | 11 | | subject to this subsection who makes the required election | 12 | | shall remain bound by that election. A person subject to this | 13 | | subsection who fails for any reason to make the required | 14 | | election within the time specified in this subsection shall be | 15 | | deemed to have made the election under item (ii). | 16 | | (d-15) Each person who first becomes a member or | 17 | | participant under Article 12 on or after January 1, 2011 and | 18 | | prior to January 1, 2022 shall make an irrevocable election | 19 | | either: | 20 | | (i) to be eligible for the reduced retirement age | 21 | | specified in subsections (c) and (d) of this Section, the | 22 | | eligibility for which is conditioned upon the member or | 23 | | participant agreeing to the increase in employee | 24 | | contributions for service annuities specified in | 25 | | subsection (b) of Section 12-150; or | 26 | | (ii) to not agree to item (i) of this subsection |
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| 1 | | (d-15), in which case the member or participant shall not | 2 | | be eligible for the reduced retirement age specified in | 3 | | subsections (c) and (d) of this Section and shall not be | 4 | | subject to the increase in employee contributions for | 5 | | service annuities specified in subsection (b) of Section | 6 | | 12-150. | 7 | | The election provided for in this subsection shall be made | 8 | | between January 1, 2022 and April 1, 2022. A person subject to | 9 | | this subsection who makes the required election shall remain | 10 | | bound by that election. A person subject to this subsection | 11 | | who fails for any reason to make the required election within | 12 | | the time specified in this subsection shall be deemed to have | 13 | | made the election under item (ii). | 14 | | (e) Any retirement annuity or supplemental annuity shall | 15 | | be subject to annual increases on the January 1 occurring | 16 | | either on or after the attainment of age 67 (age 65, with | 17 | | respect to service under Article 12 that is subject to this | 18 | | Section, for a member or participant under Article 12 who | 19 | | first becomes a member or participant under Article 12 on or | 20 | | after January 1, 2022 or who makes the election under item (i) | 21 | | of subsection (d-15); and beginning on July 6, 2017 (the | 22 | | effective date of Public Act 100-23), age 65 with respect to | 23 | | service under Article 8 or Article 11 for eligible persons | 24 | | who: (i) are subject to subsection (c-5) of this Section; or | 25 | | (ii) made the election under item (i) of subsection (d-10) of | 26 | | this Section) or the first anniversary of the annuity start |
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| 1 | | date, whichever is later. Each annual increase shall be | 2 | | calculated at 3% or one-half the annual unadjusted percentage | 3 | | increase (but not less than zero) in the consumer price | 4 | | index-u for the 12 months ending with the September preceding | 5 | | each November 1, whichever is less, of the originally granted | 6 | | retirement annuity. If the annual unadjusted percentage change | 7 | | in the consumer price index-u for the 12 months ending with the | 8 | | September preceding each November 1 is zero or there is a | 9 | | decrease, then the annuity shall not be increased. | 10 | | For the purposes of Section 1-103.1 of this Code, the | 11 | | changes made to this Section by Public Act 102-263 are | 12 | | applicable without regard to whether the employee was in | 13 | | active service on or after August 6, 2021 (the effective date | 14 | | of Public Act 102-263). | 15 | | For the purposes of Section 1-103.1 of this Code, the | 16 | | changes made to this Section by Public Act 100-23 are | 17 | | applicable without regard to whether the employee was in | 18 | | active service on or after July 6, 2017 (the effective date of | 19 | | Public Act 100-23). | 20 | | (f) The initial survivor's or widow's annuity of an | 21 | | otherwise eligible survivor or widow of a retired member or | 22 | | participant who first became a member or participant on or | 23 | | after January 1, 2011 shall be in the amount of 66 2/3% of the | 24 | | retired member's or participant's retirement annuity at the | 25 | | date of death. In the case of the death of a member or | 26 | | participant who has not retired and who first became a member |
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| 1 | | or participant on or after January 1, 2011, eligibility for a | 2 | | survivor's or widow's annuity shall be determined by the | 3 | | applicable Article of this Code. The initial benefit shall be | 4 | | 66 2/3% of the earned annuity without a reduction due to age. A | 5 | | child's annuity of an otherwise eligible child shall be in the | 6 | | amount prescribed under each Article if applicable. Any | 7 | | survivor's or widow's annuity shall be increased (1) on each | 8 | | January 1 occurring on or after the commencement of the | 9 | | annuity if
the deceased member died while receiving a | 10 | | retirement annuity or (2) in
other cases, on each January 1 | 11 | | occurring after the first anniversary
of the commencement of | 12 | | the annuity. Each annual increase shall be calculated at 3% or | 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, whichever | 16 | | is less, of the originally granted survivor's annuity. If the | 17 | | annual unadjusted percentage change in the consumer price | 18 | | index-u for the 12 months ending with the September preceding | 19 | | each November 1 is zero or there is a decrease, then the | 20 | | annuity shall not be increased. | 21 | | (g) The benefits in Section 14-110 apply only if the | 22 | | person is a State policeman, a fire fighter in the fire | 23 | | protection service of a department, a conservation police | 24 | | officer, an investigator for the Secretary of State, an | 25 | | investigator for the Office of the Attorney General, an arson | 26 | | investigator, a Commerce Commission police officer, |
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| 1 | | investigator for the Department of Revenue or the
Illinois | 2 | | Gaming Board, a security employee of the Department of | 3 | | Corrections or the Department of Juvenile Justice, or a | 4 | | security employee of the Department of Innovation and | 5 | | Technology, as those terms are defined in subsection (b) and | 6 | | subsection (c) of Section 14-110. A person who meets the | 7 | | requirements of this Section is entitled to an annuity | 8 | | calculated under the provisions of Section 14-110, in lieu of | 9 | | the regular or minimum retirement annuity, only if the person | 10 | | has withdrawn from service with not less than 20
years of | 11 | | eligible creditable service and has attained age 60, | 12 | | regardless of whether
the attainment of age 60 occurs while | 13 | | the person is
still in service. | 14 | | (h) If a person who first becomes a member or a participant | 15 | | of a retirement system or pension fund subject to this Section | 16 | | on or after January 1, 2011 is receiving a retirement annuity | 17 | | or retirement pension under that system or fund and becomes a | 18 | | member or participant under any other system or fund created | 19 | | by this Code and is employed on a full-time basis, except for | 20 | | those members or participants exempted from the provisions of | 21 | | this Section under subsection (a) of this Section, then the | 22 | | person's retirement annuity or retirement pension under that | 23 | | system or fund shall be suspended during that employment. Upon | 24 | | termination of that employment, the person's retirement | 25 | | annuity or retirement pension payments shall resume and be | 26 | | recalculated if recalculation is provided for under the |
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| 1 | | applicable Article of this Code. | 2 | | If a person who first becomes a member of a retirement | 3 | | system or pension fund subject to this Section on or after | 4 | | January 1, 2012 and is receiving a retirement annuity or | 5 | | retirement pension under that system or fund and accepts on a | 6 | | contractual basis a position to provide services to a | 7 | | governmental entity from which he or she has retired, then | 8 | | that person's annuity or retirement pension earned as an | 9 | | active employee of the employer shall be suspended during that | 10 | | contractual service. A person receiving an annuity or | 11 | | retirement pension under this Code shall notify the pension | 12 | | fund or retirement system from which he or she is receiving an | 13 | | annuity or retirement pension, as well as his or her | 14 | | contractual employer, of his or her retirement status before | 15 | | accepting contractual employment. A person who fails to submit | 16 | | such notification shall be guilty of a Class A misdemeanor and | 17 | | required to pay a fine of $1,000. Upon termination of that | 18 | | contractual employment, the person's retirement annuity or | 19 | | retirement pension payments shall resume and, if appropriate, | 20 | | be recalculated under the applicable provisions of this Code. | 21 | | (i) (Blank). | 22 | | (j) In the case of a conflict between the provisions of | 23 | | this Section and any other provision of this Code, the | 24 | | provisions of this Section shall control.
| 25 | | (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | 26 | | 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-956, eff. |
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| 1 | | 5-27-22 .)
| 2 | | (40 ILCS 5/9-169) (from Ch. 108 1/2, par. 9-169)
| 3 | | Sec. 9-169. Financing; tax Financing - Tax levy and other | 4 | | funding sources . | 5 | | (a) The county board shall levy a
tax annually upon all | 6 | | taxable property in the county at the rate that
will produce a | 7 | | sum which, when added to the amounts deducted from the | 8 | | salaries
of the employees or otherwise contributed by them is | 9 | | sufficient
for the requirements of this Article.
| 10 | | For the years before 1962 the tax rate shall be as provided | 11 | | in "The
1925 Act". For the years 1962 and 1963 the tax rate | 12 | | shall be not more
than .0200 per cent; for the years 1964 and | 13 | | 1965 the tax rate shall be
not more than .0202 per cent; for | 14 | | the years 1966 and 1967 the tax rate
shall be not more than | 15 | | .0207 per cent; for the year 1968 the tax rate
shall be not | 16 | | more than .0220 per cent; for the year 1969 the tax rate
shall | 17 | | be not more than .0233 per cent; for the year 1970 the tax rate
| 18 | | shall be not more than .0255 per cent; for the year 1971 the | 19 | | tax rate
shall be not more than .0268 per cent of the value, as | 20 | | equalized or
assessed by the Department of Revenue upon all | 21 | | taxable
property in the county. Beginning with the year 1972 | 22 | | and for each year
thereafter the county shall levy a tax | 23 | | annually at a rate on the dollar
of the value, as equalized or | 24 | | assessed by the Department of Revenue
of all taxable property | 25 | | within the county that will
produce, when extended, not to |
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| 1 | | exceed an amount equal to the total
amount of contributions | 2 | | made by the employees to the
fund in the calendar year 2 years | 3 | | prior to the year for which the annual
applicable tax is levied | 4 | | multiplied by .8 for the years 1972 through
1976; by .8 for the | 5 | | year 1977; by .87 for the year 1978; by .94 for the
year 1979; | 6 | | by 1.02 for the year 1980 and by 1.10 for the year 1981 and
by | 7 | | 1.18 for the year 1982 and by 1.36 for the year 1983 and by | 8 | | 1.54 for
the year 1984 and for each year thereafter.
| 9 | | This tax shall be levied and collected in like manner with | 10 | | the
general taxes of the county, and shall be in addition to | 11 | | all other taxes
which the county is authorized to levy upon the | 12 | | aggregate valuation of
all taxable property within the county | 13 | | and shall be exclusive of and in
addition to the amount of tax | 14 | | the county is authorized to levy for
general purposes under | 15 | | any laws which may limit the amount of tax which
the county may | 16 | | levy for general purposes. The county clerk, in reducing
tax | 17 | | levies under any Act concerning the levy and extension of | 18 | | taxes,
shall not consider this tax as a part of the general tax | 19 | | levy for county
purposes, and shall not include it within any | 20 | | limitation of the per cent
of the assessed valuation upon | 21 | | which taxes are required to be extended
for the county. It is | 22 | | lawful to extend this tax in addition to the
general county | 23 | | rate fixed by statute, without being authorized as
additional | 24 | | by a vote of the people of the county.
| 25 | | Revenues derived from this tax shall be paid to the | 26 | | treasurer of the
county and held by the treasurer him for the |
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| 1 | | benefit of the fund.
| 2 | | If the payments on account of taxes are insufficient | 3 | | during any year
to meet the requirements of this Article, the | 4 | | county may issue tax
anticipation warrants against the current | 5 | | tax levy.
| 6 | | (b) By January 10, annually, the board shall notify the | 7 | | county board
of the requirement of this Article that this tax | 8 | | shall be levied. The
board shall make an annual determination
| 9 | | of the required county contributions, and shall certify the | 10 | | results
thereof to the county board.
| 11 | | (c) Beginning in the year 2024, the county's minimum | 12 | | required employer contribution as provided in Section 9-169.2 | 13 | | shall be paid with the portion of the tax levy as provided in | 14 | | subsection (a) of this Section and any other lawfully | 15 | | available funds of the county. The county shall disburse to | 16 | | and deposit with the county treasurer on a monthly basis | 17 | | beginning no later than the December 31 preceding the | 18 | | beginning of the Fund's fiscal year 1/12 of the balance of what | 19 | | is not paid under subsection (a), for the benefit of the Fund, | 20 | | to be held in accordance with this Article. This amount, | 21 | | together with such real estate taxes as are specifically | 22 | | levied under this Section for that year, shall not be less than | 23 | | the amount of the minimum required employer contribution for | 24 | | that year as certified by the Fund to the county board. The | 25 | | deposit may be derived from any source otherwise legally | 26 | | available to the county for that purpose, including, but not |
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| 1 | | limited to, home rule taxes. The making of a deposit shall | 2 | | satisfy the requirements of this Section for that year to the | 3 | | extent of the amounts so deposited. Amounts deposited under | 4 | | this subsection may be used by the Fund for any of the purposes | 5 | | for which the proceeds of real estate taxes levied by the | 6 | | county under this Section may otherwise be used, including the | 7 | | payment of any amount that is otherwise required by this | 8 | | Article to be paid from the proceeds of that tax. If the | 9 | | county, before the effective date of this amendatory Act of | 10 | | the 103rd General Assembly, made a contribution or agreed to | 11 | | make a contribution to the Fund from sources other than real | 12 | | estate taxes, this paragraph confirms the validity of or | 13 | | ratifies such contribution or agreement, and neither the | 14 | | county nor any of its officers or employees shall be required | 15 | | to answer for such contribution or agreement in any court. The | 16 | | various sums to be contributed by the county board and
| 17 | | allocated for the purposes of this Article and any interest to | 18 | | be
contributed by the county shall be taken from the revenue | 19 | | derived from
this tax and no money of the county derived from | 20 | | any source other than
the levy and collection of this tax or | 21 | | the sale of tax anticipation
warrants, except state or federal | 22 | | funds contributed for annuity and
benefit purposes for | 23 | | employees of a county department of public aid
under "The | 24 | | Illinois Public Aid Code", approved April 11, 1967, as now or
| 25 | | hereafter amended, may be used to provide revenue for the | 26 | | fund.
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| 1 | | If it is not possible or practicable for the county to make
| 2 | | contributions for age and service annuity and widow's annuity
| 3 | | concurrently with the employee contributions made for such | 4 | | purposes,
such county shall make such contributions as soon as | 5 | | possible and
practicable thereafter with interest thereon at | 6 | | the effective rate until
the time it shall be made.
| 7 | | (d) With respect to employees whose wages are funded as | 8 | | participants
under the Comprehensive Employment and Training | 9 | | Act of 1973, as amended
(P.L. 93-203, 87 Stat. 839, P.L. | 10 | | 93-567, 88 Stat. 1845), hereinafter
referred to as CETA, | 11 | | subsequent to October 1, 1978, and in instances
where the | 12 | | board has elected to establish a manpower program reserve, the
| 13 | | board shall compute the amounts necessary to be credited to | 14 | | the manpower
program reserves established and maintained as | 15 | | herein provided, and
shall make a periodic determination of | 16 | | the amount of required
contributions from the County to the | 17 | | reserve to be reimbursed by the
federal government in | 18 | | accordance with rules and regulations established
by the | 19 | | Secretary of the United States Department of Labor or his
| 20 | | designee, and certify the results thereof to the County Board. | 21 | | Any such
amounts shall become a credit to the County and will | 22 | | be used to reduce
the amount which the County would otherwise | 23 | | contribute during succeeding
years for all employees.
| 24 | | (e) In lieu of establishing a manpower program reserve | 25 | | with respect
to employees whose wages are funded as | 26 | | participants under the
Comprehensive Employment and Training |
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| 1 | | Act of 1973, as authorized by
subsection (d), the board may | 2 | | elect to establish a special County
contribution rate for all | 3 | | such employees. If this option is elected, the
County shall | 4 | | contribute to the Fund from federal funds provided under
the | 5 | | Comprehensive Employment and Training Act program at the | 6 | | special
rate so established and such contributions shall | 7 | | become a credit to the
County and be used to reduce the amount | 8 | | which the County would otherwise
contribute during succeeding | 9 | | years for all employees.
| 10 | | (Source: P.A. 95-369, eff. 8-23-07.)
| 11 | | (40 ILCS 5/9-169.1 new) | 12 | | Sec. 9-169.1. Annual actuarial report. The retirement | 13 | | board shall retain an actuary who is a member in good standing | 14 | | of the American Academy of Actuaries to produce an annual | 15 | | actuarial report of the Fund. The annual actuarial report | 16 | | shall include, but not be limited to: (1) a statement of the | 17 | | minimum required contribution, the actuarial value of the | 18 | | Fund's assets as projected over at least 30 years' time, and | 19 | | the actuarial value of the Fund's liabilities as projected | 20 | | over the same period of time; and (2) the minimum required | 21 | | employer contribution, as determined under Section 9-169.2, | 22 | | for the second year immediately following the year ending on | 23 | | the valuation date upon which the annual actuarial report is | 24 | | based. | 25 | | The annual actuarial report may be prepared as part of the |
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| 1 | | annual audit required under Section 9-195. The annual | 2 | | actuarial report shall be reviewed and formally adopted by the | 3 | | retirement board and shall be included in the annual report | 4 | | that is required to be submitted to the county in July of each | 5 | | year under Section 9-199. | 6 | | In this Section, "valuation date" means the date that the | 7 | | value of the assets and liabilities of the Fund is based on in | 8 | | the annual actuarial report. | 9 | | (40 ILCS 5/9-169.2 new) | 10 | | Sec. 9-169.2. Minimum required employer contribution. The | 11 | | minimum required employer contribution for a specified year, | 12 | | as set forth in the annual actuarial report required under | 13 | | Section 9-169.1, shall be the amount determined by the Fund's | 14 | | actuary to be equal to the sum of: (i) the projected normal | 15 | | cost for pensions for that fiscal year based on the entry age | 16 | | actuarial cost method, plus (ii) a projected unfunded | 17 | | actuarial accrued liability amortization payment for pensions | 18 | | for the fiscal year, plus (iii) projected expenses for that | 19 | | fiscal year, plus (iv) interest to adjust for payment pattern | 20 | | during the fiscal year, less (v) projected employee | 21 | | contributions for that fiscal year. | 22 | | The minimum required employer contribution for the next | 23 | | year shall be submitted annually by the county on or before | 24 | | June 14 of each year unless another time frame is agreed upon | 25 | | by the county and the Fund. |
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| 1 | | For the purposes of this Section: | 2 | | "5-Year smoothed actuarial value of assets" means the | 3 | | value of assets as determined by a method that spreads the | 4 | | effect of each year's investment return in excess of or below | 5 | | the expected return. | 6 | | "Entry age actuarial cost method" means a method of | 7 | | determining the normal cost and is determined as a level | 8 | | percentage of pay that, if paid from entry age to the assumed | 9 | | retirement age, assuming all the actuarial assumptions are | 10 | | exactly met by experience and no changes in assumptions or | 11 | | benefit provisions, would accumulate to a fund sufficient to | 12 | | pay all benefits provided by the Fund. | 13 | | "Layered amortization" means a technique that separately | 14 | | layers the different components of the unfunded actuarial | 15 | | accrued liabilities to be amortized over a fixed period not to | 16 | | exceed 30 years. | 17 | | "Projected expenses" means the projected administrative | 18 | | expenses for the cost of administrating the Fund. | 19 | | "Projected normal costs for pensions" means the cost of | 20 | | the benefits that accrue during the year for active members | 21 | | under the entry age actuarial cost method. | 22 | | "Unfunded actuarial accrued liability amortization | 23 | | payment" means the annual contribution equal to the difference | 24 | | between the values of assets and the accrued liabilities of | 25 | | the plan, calculated by an actuary, needed to amortize the | 26 | | Fund's liabilities over a period of 30 years starting in 2017, |
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| 1 | | with layered amortization of the Fund's unexpected unfunded | 2 | | actuarial accrued liability amortization payment following | 3 | | 2017 in periods of 30 years, with amortization payments | 4 | | increasing 2% per year, and reflecting a discount rate for all | 5 | | liabilities consistent with the assumed investment rate of | 6 | | return on fund assets and a 5-year smoothed actuarial value of | 7 | | assets.
| 8 | | (40 ILCS 5/9-179.1) (from Ch. 108 1/2, par. 9-179.1)
| 9 | | Sec. 9-179.1. Military service. A contributing employee as | 10 | | of January 1,
1993 with at least 25 years of service credit may | 11 | | apply for creditable
service for up to 2 years of military | 12 | | service whether or not the military
service followed service | 13 | | as a county employee. The military service need
not have been | 14 | | served in wartime, but the employee must not have been
| 15 | | dishonorably discharged. To establish this creditable service | 16 | | the
applicant must pay to the Fund, while in the service of the | 17 | | county, an
amount determined by the Fund to represent the | 18 | | employee contributions for
the creditable service established, | 19 | | based on the employee's rate of
compensation on his or her last | 20 | | day as a contributor before the military
service, or on his or | 21 | | her first day as a contributor after the military
service, | 22 | | whichever is greater, plus interest at the effective rate from | 23 | | the
date of discharge to the date of payment. If a person who | 24 | | has established
any credit under this Section applies for or | 25 | | receives any early retirement
incentive under Section 9-134.2, |
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| 1 | | the credit under this Section shall be
forfeited and the | 2 | | amount paid to the Fund under this Section shall be
refunded.
| 3 | | (Source: P.A. 87-1265.)
| 4 | | (40 ILCS 5/9-184) (from Ch. 108 1/2, par. 9-184)
| 5 | | Sec. 9-184. Estimates of sums required for certain | 6 | | annuities and benefits. The board shall estimate and itemize | 7 | | the amounts required each year to pay for all
annuities , each | 8 | | benefit category, and benefits and administrative expenses | 9 | | associated with this Article, by way of a written report and | 10 | | request to the County Board of Commissioners . The amounts | 11 | | shall be
paid into the fund annually by the county as provided | 12 | | in Section 9-169 from the prescribed tax levy .
| 13 | | (Source: Laws 1963, p. 161.)
| 14 | | (40 ILCS 5/9-185) (from Ch. 108 1/2, par. 9-185)
| 15 | | Sec. 9-185. Board created.
| 16 | | (a) A board of 9 members shall constitute the
board of | 17 | | trustees authorized to carry out the provisions of this | 18 | | Article.
The board of trustees shall be known as "The | 19 | | Retirement Board of the County
Employees' Annuity and Benefit | 20 | | Fund of .... County". The board shall
consist of 2 members | 21 | | appointed and 7 members elected as
hereinafter prescribed.
| 22 | | (b) The appointed members shall be appointed as follows: | 23 | | One member
shall be appointed by the comptroller of such | 24 | | county, who may be the
comptroller or some person chosen by the |
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| 1 | | comptroller him from among employees of the county,
who are
| 2 | | versed in the affairs of the comptroller's office; and one | 3 | | member shall be
appointed by the treasurer of such county, who | 4 | | may be the treasurer or some
person chosen by the treasurer him | 5 | | from among employees of the County who are versed in
the | 6 | | affairs of the treasurer's office.
| 7 | | The member appointed by the comptroller shall hold office | 8 | | for a term
ending on December 1st of the first year following | 9 | | the year of appointment.
The member appointed by the county | 10 | | treasurer shall hold office for a term
ending on December 1st | 11 | | of the second year following the year of appointment.
| 12 | | Thereafter, each appointed member shall be appointed by | 13 | | the officer that
appointed the his predecessor for a term of 2 | 14 | | years.
| 15 | | (c) Three county employee members of the board shall be
| 16 | | elected as follows: within 30 days from and after the date upon | 17 | | which this
Article comes into effect in the county, the clerk | 18 | | of the county shall
arrange for and hold an election. One | 19 | | employee shall be elected for a term
ending on the first day in | 20 | | the month of December of the first year next
following the | 21 | | effective date; one for a term ending on December 1st of the
| 22 | | following year; and one for a term ending December 1st of the | 23 | | second following
year.
| 24 | | (d) Beginning December 1, 1988, and every 3 years | 25 | | thereafter,
an annuitant member of the board shall be elected | 26 | | as follows:
the board shall arrange for and hold an election in |
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| 1 | | which only those
participants who are currently receiving | 2 | | retirement benefits
under this Article shall be eligible to | 3 | | vote and be elected. Each such
member shall be elected to a | 4 | | term ending on the first day in the month of
December of the | 5 | | third following year.
| 6 | | (d-1) Beginning December 1, 2001, and every 3 years | 7 | | thereafter, an
annuitant member of the board shall be elected | 8 | | as follows:
the board shall arrange for and hold an election in | 9 | | which only those
participants who are currently receiving | 10 | | retirement benefits
under this Article shall be eligible to | 11 | | vote and be elected. Each such
member shall be elected to a | 12 | | term ending on the first day in the month of
December of the | 13 | | third following year. Until December 1, 2001, the position
| 14 | | created under this subsection (d-1) may be filled by the board | 15 | | as in the case
of a vacancy.
| 16 | | (e) Beginning December 1, 1988, if a Forest Preserve | 17 | | District Employees'
Annuity and Benefit Fund shall be in force | 18 | | in such county and the board of
this fund is charged with | 19 | | administering the affairs of such annuity and
benefit fund for | 20 | | employees of such forest preserve district, a forest
preserve | 21 | | district member of the board shall be elected as of December 1, | 22 | | 1988,
and every 3 years thereafter as follows: the board shall | 23 | | arrange for and
hold an election in which only those employees | 24 | | of such forest preserve
district who are contributors to the | 25 | | annuity and benefit fund for employees
of such forest preserve | 26 | | district shall be eligible to vote and be elected.
Each such |
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| 1 | | member shall be elected to a term ending on the first day in | 2 | | the
month of December of the third following year.
| 3 | | (f) Beginning December 1, 2001, and every 3 years | 4 | | thereafter, if a Forest
Preserve District Employees' Annuity | 5 | | and Benefit Fund is in force in the
county and the board of | 6 | | this Fund is charged with administering the affairs of
that | 7 | | annuity and benefit fund for employees of the forest preserve | 8 | | district,
a forest preserve district annuitant member of the | 9 | | board shall be elected as
follows: the board shall arrange for | 10 | | and hold an election in which only those
participants who are | 11 | | currently receiving retirement benefits under Article 10
shall | 12 | | be eligible to vote and be elected. Each such member shall be | 13 | | elected to
a term ending on the first day in the month of | 14 | | December of the third following
year. Until December 1, 2001, | 15 | | the position created under this subsection (f)
may be filled | 16 | | by the board as in the case of a vacancy.
| 17 | | (Source: P.A. 92-66, eff. 7-12-01.)
| 18 | | (40 ILCS 5/9-195) (from Ch. 108 1/2, par. 9-195)
| 19 | | Sec. 9-195. To have an audit. To have an audit of the | 20 | | accounts of the fund made at least once each
year by certified | 21 | | public accountants. The audit may include the preparation of | 22 | | the annual actuarial report required under Section 9-169.1.
| 23 | | (Source: Laws 1963, p. 161.)
| 24 | | (40 ILCS 5/9-199) (from Ch. 108 1/2, par. 9-199)
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| 1 | | Sec. 9-199. To submit an annual report. To submit a report | 2 | | in July of each year to the county board of the
county as of | 3 | | the close of business on December 31st of the preceding year.
| 4 | | The report shall contain a detailed statement of the affairs | 5 | | of the fund,
its income and expenditures, and assets and | 6 | | liabilities , and it shall include the annual actuarial report | 7 | | required under Section 9-169.1 . The county board shall have | 8 | | power to require and
compel the retirement board to prepare | 9 | | and submit such reports.
| 10 | | (Source: P.A. 95-369, eff. 8-23-07.)
| 11 | | (40 ILCS 5/9-240 new) | 12 | | Sec. 9-240. Group health benefit funding. Beginning on the | 13 | | effective date of this amendatory Act of the 103rd General | 14 | | Assembly, the county shall be notified by June 14 of each year | 15 | | of the proposed costs of any such payments allocated by the | 16 | | Fund for all or any portion of the total health premium paid by | 17 | | the Fund pursuant to Section 9-239.
| 18 | | Section 90. The State Mandates Act is amended by adding | 19 | | Section 8.47 as follows: | 20 | | (30 ILCS 805/8.47 new) | 21 | | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | 22 | | 8 of this Act, no reimbursement by the State is required for | 23 | | the implementation of any mandate created by this amendatory |
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| 1 | | Act of the 103rd General Assembly. | 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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