Full Text of HB1166 98th General Assembly
HB1166eng 98TH GENERAL ASSEMBLY |
| | HB1166 Engrossed | | LRB098 08855 EFG 38985 b |
|
| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Pension Fund Solvency Act of 2013. | 6 | | Section 6. The Illinois Pension Code is amended by changing | 7 | | Sections 2-119, 14-107, 14-108, 14-110, 15-135, 15-136, | 8 | | 16-132, and 16-133 and by adding Sections 2-105.1, 14-103.40, | 9 | | 15-107.1, and 16-106.4 as follows: | 10 | | (40 ILCS 5/2-105.1 new) | 11 | | Sec. 2-105.1. Tier I participant. "Tier I participant": A | 12 | | participant who first became a participant before January 1, | 13 | | 2011.
| 14 | | (40 ILCS 5/2-119) (from Ch. 108 1/2, par. 2-119)
| 15 | | Sec. 2-119. Retirement annuity - conditions for | 16 | | eligibility. | 17 | | (a)
A participant whose service as a
member is terminated, | 18 | | regardless of age or cause, is entitled to a retirement
annuity | 19 | | beginning on the date specified by the participant in
a written | 20 | | application subject to the following conditions:
| 21 | | 1. The date the annuity begins does not precede
the |
| | | HB1166 Engrossed | - 2 - | LRB098 08855 EFG 38985 b |
|
| 1 | | date of final
termination of service, or is not more than | 2 | | 30 days before the receipt
of the application
by the board | 3 | | in the case of annuities based on disability or one year | 4 | | before
the receipt of the application in the case of | 5 | | annuities
based on attained age;
| 6 | | 2. The participant meets one of the following | 7 | | eligibility requirements: | 8 | | For a participant who first becomes a participant of | 9 | | this System before January 1, 2011 (the effective date of | 10 | | Public Act 96-889):
| 11 | | (A) He or she has attained age 55 and has at least | 12 | | 8 years of service credit;
| 13 | | (B) He or she has attained age 62 and terminated | 14 | | service after July 1,
1971 with at least 4 years of | 15 | | service credit; or
| 16 | | (C) He or she has completed 8 years of service and | 17 | | has become
permanently disabled and as a consequence, | 18 | | is unable to perform the duties
of his or her office.
| 19 | | For a participant who first becomes a participant of | 20 | | this System on or after January 1, 2011 (the effective date | 21 | | of Public Act 96-889), he or she has attained age 67 and | 22 | | has at least 8 years of service credit. | 23 | | (a-5) Notwithstanding subsection (a) of this Section, for a | 24 | | Tier I participant who begins receiving a retirement annuity | 25 | | under this Section after July 1, 2013: | 26 | | (1) If the Tier I participant is at least 45 years old |
| | | HB1166 Engrossed | - 3 - | LRB098 08855 EFG 38985 b |
|
| 1 | | on the effective date of this amendatory Act of the 98th | 2 | | General Assembly, then the references to age 55 and 62 in | 3 | | subsection (a) of this Section remain unchanged. | 4 | | (2) If the Tier I participant is at least 40 but less | 5 | | than 45 years old on the effective date of this amendatory | 6 | | Act of the 98th General Assembly, then the references to | 7 | | age 55 and 62 in subsection (a) of this Section are | 8 | | increased by one year. | 9 | | (3) If the Tier I participant is at least 35 but less | 10 | | than 40 years old on the effective date of this amendatory | 11 | | Act of the 98th General Assembly, then the references to | 12 | | age 55 and 62 in subsection (a) of this Section are | 13 | | increased by 3 years. | 14 | | (4) If the Tier I participant is less than 35 years old | 15 | | on the effective date of this amendatory Act of the 98th | 16 | | General Assembly, then the references to age 55 and 62 in | 17 | | subsection (a) of this Section are increased by 5 years. | 18 | | Notwithstanding Section 1-103.1, this subsection (a-5) | 19 | | applies without regard to whether or not the Tier I member is | 20 | | in active service under this Article on or after the effective | 21 | | date of this amendatory Act of the 98th General Assembly. | 22 | | (a-10) (a-5) A participant who first becomes a participant | 23 | | of this System on or after January 1, 2011 (the effective date | 24 | | of Public Act 96-889) who has attained age 62 and has at least | 25 | | 8 years of service credit may elect to receive the lower | 26 | | retirement annuity provided
in paragraph (c) of Section |
| | | HB1166 Engrossed | - 4 - | LRB098 08855 EFG 38985 b |
|
| 1 | | 2-119.01 of this Code. | 2 | | (b) A participant shall be considered permanently disabled | 3 | | only if:
(1) disability occurs while in service and is
of such | 4 | | a nature
as to prevent him or her from reasonably performing | 5 | | the duties of his
or her office at
the time; and (2) the board | 6 | | has received a written certificate by at
least 2 licensed | 7 | | physicians appointed by the board stating that the member is
| 8 | | disabled and that the disability is likely to be permanent.
| 9 | | (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
| 10 | | (40 ILCS 5/14-103.40 new) | 11 | | Sec. 14-103.40. Tier I member. "Tier I member": A member of | 12 | | this System who first became a member or participant before | 13 | | January 1, 2011 under any reciprocal retirement system or | 14 | | pension fund established under this Code other than a | 15 | | retirement system or pension fund established under Article 2, | 16 | | 3, 4, 5, 6, or 18 of this Code.
| 17 | | (40 ILCS 5/14-107) (from Ch. 108 1/2, par. 14-107)
| 18 | | Sec. 14-107. Retirement annuity - service and age - | 19 | | conditions. | 20 | | (a) A member is entitled to a retirement annuity after | 21 | | having at least 8 years of
creditable service.
| 22 | | (b) A member who has at least 35 years of creditable | 23 | | service may claim his
or her retirement annuity at any age.
A | 24 | | member having at least 8 years of creditable service but less |
| | | HB1166 Engrossed | - 5 - | LRB098 08855 EFG 38985 b |
|
| 1 | | than 35 may
claim his or her retirement annuity upon or after | 2 | | attainment of age 60
or, beginning January 1, 2001, any lesser | 3 | | age which, when added to the
number of years of his or her | 4 | | creditable service, equals at least 85.
A member upon or after | 5 | | attainment of age 55 having at least 25 years of creditable | 6 | | service (30 years if retirement is before
January 1, 2001) may | 7 | | elect to receive the lower retirement annuity provided
in | 8 | | paragraph (c) of Section 14-108 of this Code. For purposes of | 9 | | the rule
of 85, portions of years shall be counted in whole | 10 | | months.
| 11 | | (c) Notwithstanding subsection (b) of this Section, for a | 12 | | Tier I member who begins receiving a retirement annuity under | 13 | | this Article after July 1, 2013: | 14 | | (1) If the Tier I member is at least 45 years old on | 15 | | the effective date of this amendatory Act of the 98th | 16 | | General Assembly, then the references to age 55 and 60 in | 17 | | subsection (b) of this Section remain unchanged and the | 18 | | references to 85 in subsection (b) of this Section remain | 19 | | unchanged. | 20 | | (2) If the Tier I member is at least 40 but less than | 21 | | 45 years old on the effective date of this amendatory Act | 22 | | of the 98th General Assembly, then the references to age 55 | 23 | | and 60 in subsection (b) of this Section are increased by | 24 | | one year and the references to 85 in subsection (b) are | 25 | | increased to 87. | 26 | | (3) If the Tier I member is at least 35 but less than |
| | | HB1166 Engrossed | - 6 - | LRB098 08855 EFG 38985 b |
|
| 1 | | 40 years old on the effective date of this amendatory Act | 2 | | of the 98th General Assembly, then the references to age 55 | 3 | | and 60 in subsection (b) of this Section are increased by 3 | 4 | | years and the references to 85 in subsection (b) are | 5 | | increased to 91. | 6 | | (4) If the Tier I member is less than 35 years old on | 7 | | the effective date of this amendatory Act of the 98th | 8 | | General Assembly, then the references to age 55 and 60 in | 9 | | subsection (b) of this Section are increased by 5 years and | 10 | | the references to 85 in subsection (b) are increased to 95. | 11 | | Notwithstanding Section 1-103.1, this subsection (c) | 12 | | applies without regard to whether or not the Tier I member is | 13 | | in active service under this Article on or after the effective | 14 | | date of this amendatory Act of the 98th General Assembly. | 15 | | (d) The allowance shall begin with the first full calendar | 16 | | month specified in the
member's application therefor, the first | 17 | | day of which shall not be before the
date of withdrawal as | 18 | | approved by the board. Regardless of the date of
withdrawal, | 19 | | the allowance need not begin within one year of application
| 20 | | therefor.
| 21 | | (Source: P.A. 91-927, eff. 12-14-00.)
| 22 | | (40 ILCS 5/14-108) (from Ch. 108 1/2, par. 14-108)
| 23 | | Sec. 14-108. Amount of retirement annuity. A member who has | 24 | | contributed to the System for at least 12 months shall
be | 25 | | entitled to a prior service annuity for each year of certified |
| | | HB1166 Engrossed | - 7 - | LRB098 08855 EFG 38985 b |
|
| 1 | | prior
service credited to him, except that a member shall | 2 | | receive 1/3 of the prior
service annuity for each year of | 3 | | service for which contributions have been
made and all of such | 4 | | annuity shall be payable after the member has made
| 5 | | contributions for a period of 3 years. Proportionate amounts | 6 | | shall be payable
for service of less than a full year after | 7 | | completion of at least 12 months.
| 8 | | The total period of service to be considered in | 9 | | establishing the measure
of prior service annuity shall include | 10 | | service credited in the Teachers'
Retirement System of the | 11 | | State of Illinois and the State Universities
Retirement System | 12 | | for which contributions have been made by the member to
such | 13 | | systems; provided that at least 1 year of the total period of 3 | 14 | | years
prescribed for the allowance of a full measure of prior | 15 | | service annuity
shall consist of membership service in this | 16 | | system for which credit has been
granted.
| 17 | | (a) In the case of a member who retires on or after January | 18 | | 1, 1998 and
is a noncovered employee, the retirement annuity | 19 | | for membership service and
prior service shall be 2.2% of final | 20 | | average compensation for each year of
service. Any service | 21 | | credit established as a covered employee shall be
computed as | 22 | | stated in
paragraph (b).
| 23 | | (b) In the case of a member who retires on or after January | 24 | | 1, 1998
and is a covered employee, the retirement annuity for | 25 | | membership
service and prior service shall be computed as | 26 | | stated in paragraph (a) for
all service credit established as a |
| | | HB1166 Engrossed | - 8 - | LRB098 08855 EFG 38985 b |
|
| 1 | | noncovered employee; for service credit
established as a | 2 | | covered employee it shall be 1.67% of final average
| 3 | | compensation for each year of service.
| 4 | | (c) For a member
retiring after attaining age 55 but before | 5 | | age 60 with at least 30 but less
than 35 years of creditable | 6 | | service if retirement is before January 1, 2001, or
with at | 7 | | least 25 but less than 30 years of creditable service if | 8 | | retirement is
on or after January 1, 2001, the retirement | 9 | | annuity shall be reduced by 1/2
of 1% for each month that the | 10 | | member's age is under age 60 at the time of
retirement. For | 11 | | members to whom subsection (c) of Section 14-107 applies, the | 12 | | references to age 55 and 60 in this subsection (c) are | 13 | | increased as provided in subsection (c) of Section 14-107.
| 14 | | (d) A retirement annuity shall not exceed 75% of final | 15 | | average compensation,
subject to such extension as may result | 16 | | from the application of Section 14-114
or Section 14-115.
| 17 | | (e) The retirement annuity payable to any covered employee | 18 | | who is a member
of the System and in service on January 1, | 19 | | 1969, or in service thereafter
in 1969 as a result of | 20 | | legislation enacted by the Illinois General Assembly
| 21 | | transferring the member to State employment from county | 22 | | employment in a
county Department of Public Aid in counties of | 23 | | 3,000,000 or more population,
under a plan of coordination with | 24 | | the Old Age, Survivors and Disability
provisions thereof, if | 25 | | not fully insured for Old Age Insurance payments
under the | 26 | | Federal Old Age, Survivors and Disability Insurance provisions
|
| | | HB1166 Engrossed | - 9 - | LRB098 08855 EFG 38985 b |
|
| 1 | | at the date of acceptance of a retirement annuity, shall not be | 2 | | less than
the amount for which the member would have been | 3 | | eligible if coordination
were not applicable.
| 4 | | (f) The retirement annuity payable to any covered employee | 5 | | who is a member
of the System and in service on January 1, | 6 | | 1969, or in service thereafter
in 1969 as a result of the | 7 | | legislation designated in the immediately preceding
paragraph, | 8 | | if fully insured for Old Age Insurance payments under the | 9 | | Federal
Social Security Act at the date of acceptance of a | 10 | | retirement annuity, shall
not be less than an amount which when | 11 | | added to the Primary Insurance Benefit
payable to the member | 12 | | upon attainment of age 65 under such Federal Act,
will equal | 13 | | the annuity which would otherwise be payable if the coordinated
| 14 | | plan of coverage were not applicable.
| 15 | | (g) In the case of a member who is a noncovered employee, | 16 | | the retirement
annuity for membership service as a security | 17 | | employee of the Department of
Corrections or security employee | 18 | | of the Department of Human Services shall
be: if retirement | 19 | | occurs on or after January 1, 2001, 3% of final average
| 20 | | compensation for each year of creditable service; or if | 21 | | retirement occurs
before January 1, 2001, 1.9% of final average | 22 | | compensation for each of the
first 10 years of service, 2.1% | 23 | | for each of the next 10 years of
service, 2.25% for each year | 24 | | of service in excess of 20 but not
exceeding 30, and 2.5% for | 25 | | each year in excess of 30; except that the
annuity may be | 26 | | calculated under subsection (a) rather than this subsection (g)
|
| | | HB1166 Engrossed | - 10 - | LRB098 08855 EFG 38985 b |
|
| 1 | | if the resulting annuity is greater.
| 2 | | (h) In the case of a member who is a covered employee, the | 3 | | retirement
annuity for membership service as a security | 4 | | employee of the Department of
Corrections or security employee | 5 | | of the Department of Human Services shall
be: if retirement | 6 | | occurs on or after January 1, 2001, 2.5% of final average
| 7 | | compensation for each year of creditable service; if retirement | 8 | | occurs before
January 1, 2001, 1.67% of final average | 9 | | compensation for each of the first
10 years of service, 1.90% | 10 | | for each of the next 10 years of
service, 2.10% for each year | 11 | | of service in excess of 20 but not
exceeding 30, and 2.30% for | 12 | | each year in excess of 30.
| 13 | | (i) For the purposes of this Section and Section 14-133 of | 14 | | this Act,
the term "security employee of the Department of | 15 | | Corrections" and the term
"security employee of the Department | 16 | | of Human Services" shall have the
meanings ascribed to them in | 17 | | subsection (c) of Section 14-110.
| 18 | | (j) The retirement annuity computed pursuant to paragraphs | 19 | | (g) or (h)
shall be applicable only to those security employees | 20 | | of the Department of
Corrections and security employees of the | 21 | | Department of Human Services who
have at least 20 years of | 22 | | membership service and who are not eligible for
the alternative | 23 | | retirement annuity provided under Section 14-110. However,
| 24 | | persons transferring to this System under Section 14-108.2 or | 25 | | 14-108.2c
who have service credit under Article 16 of this Code | 26 | | may count such service
toward establishing their eligibility |
| | | HB1166 Engrossed | - 11 - | LRB098 08855 EFG 38985 b |
|
| 1 | | under the 20-year service requirement of
this subsection; but | 2 | | such service may be used only for establishing such
| 3 | | eligibility, and not for the purpose of increasing or | 4 | | calculating any benefit.
| 5 | | (k) (Blank).
| 6 | | (l) The changes to this Section made by this amendatory Act | 7 | | of 1997
(changing certain retirement annuity formulas from a | 8 | | stepped rate to a flat
rate) apply to members who retire on or | 9 | | after January 1, 1998, without regard
to whether employment | 10 | | terminated before the effective date of this amendatory
Act of | 11 | | 1997. An annuity shall not be calculated in steps by using the | 12 | | new flat
rate for some steps and the superseded stepped rate | 13 | | for other steps of the same
type of service.
| 14 | | (Source: P.A. 91-927, eff. 12-14-00; 92-14, eff. 6-28-01.)
| 15 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| 16 | | Sec. 14-110. Alternative retirement annuity.
| 17 | | (a) Any member who has withdrawn from service with not less | 18 | | than 20
years of eligible creditable service and has attained | 19 | | age 55, and any
member who has withdrawn from service with not | 20 | | less than 25 years of
eligible creditable service and has | 21 | | attained age 50, regardless of whether
the attainment of either | 22 | | of the specified ages occurs while the member is
still in | 23 | | service, shall be entitled to receive at the option of the | 24 | | member,
in lieu of the regular or minimum retirement annuity, a | 25 | | retirement annuity
computed as follows:
|
| | | HB1166 Engrossed | - 12 - | LRB098 08855 EFG 38985 b |
|
| 1 | | (i) for periods of service as a noncovered employee:
if | 2 | | retirement occurs on or after January 1, 2001, 3% of final
| 3 | | average compensation for each year of creditable service; | 4 | | if retirement occurs
before January 1, 2001, 2 1/4% of | 5 | | final average compensation for each of the
first 10 years | 6 | | of creditable service, 2 1/2% for each year above 10 years | 7 | | to
and including 20 years of creditable service, and 2 3/4% | 8 | | for each year of
creditable service above 20 years; and
| 9 | | (ii) for periods of eligible creditable service as a | 10 | | covered employee:
if retirement occurs on or after January | 11 | | 1, 2001, 2.5% of final average
compensation for each year | 12 | | of creditable service; if retirement occurs before
January | 13 | | 1, 2001, 1.67% of final average compensation for each of | 14 | | the first
10 years of such service, 1.90% for each of the | 15 | | next 10 years of such service,
2.10% for each year of such | 16 | | service in excess of 20 but not exceeding 30, and
2.30% for | 17 | | each year in excess of 30.
| 18 | | Such annuity shall be subject to a maximum of 75% of final | 19 | | average
compensation if retirement occurs before January 1, | 20 | | 2001 or to a maximum
of 80% of final average compensation if | 21 | | retirement occurs on or after January
1, 2001.
| 22 | | These rates shall not be applicable to any service | 23 | | performed
by a member as a covered employee which is not | 24 | | eligible creditable service.
Service as a covered employee | 25 | | which is not eligible creditable service
shall be subject to | 26 | | the rates and provisions of Section 14-108.
|
| | | HB1166 Engrossed | - 13 - | LRB098 08855 EFG 38985 b |
|
| 1 | | (a-5) Notwithstanding subsection (a) of this Section, for a | 2 | | Tier I member who begins receiving a retirement annuity under | 3 | | this Section after July 1, 2013: | 4 | | (1) If the Tier I member is at least 45 years old on | 5 | | the effective date of this amendatory Act of the 98th | 6 | | General Assembly, then the references to age 50 and 55 in | 7 | | subsection (a) of this Section remain unchanged. | 8 | | (2) If the Tier I member is at least 40 but less than | 9 | | 45 years old on the effective date of this amendatory Act | 10 | | of the 98th General Assembly, then the references to age 50 | 11 | | and 55 in subsection (a) of this Section are increased by | 12 | | one year. | 13 | | (3) If the Tier I member is at least 35 but less than | 14 | | 40 years old on the effective date of this amendatory Act | 15 | | of the 98th General Assembly, then the references to age 50 | 16 | | and 55 in subsection (a) of this Section are increased by 3 | 17 | | years. | 18 | | (4) If the Tier I member is less than 35 years old on | 19 | | the effective date of this amendatory Act of the 98th | 20 | | General Assembly, then the references to age 50 and 55 in | 21 | | subsection (a) of this Section are increased by 5 years. | 22 | | Notwithstanding Section 1-103.1, this subsection (a-5) | 23 | | applies without regard to whether or not the Tier I member is | 24 | | in active service under this Article on or after the effective | 25 | | date of this amendatory Act of the 98th General Assembly. | 26 | | (b) For the purpose of this Section, "eligible creditable |
| | | HB1166 Engrossed | - 14 - | LRB098 08855 EFG 38985 b |
|
| 1 | | service" means
creditable service resulting from service in one | 2 | | or more of the following
positions:
| 3 | | (1) State policeman;
| 4 | | (2) fire fighter in the fire protection service of a | 5 | | department;
| 6 | | (3) air pilot;
| 7 | | (4) special agent;
| 8 | | (5) investigator for the Secretary of State;
| 9 | | (6) conservation police officer;
| 10 | | (7) investigator for the Department of Revenue or the | 11 | | Illinois Gaming Board;
| 12 | | (8) security employee of the Department of Human | 13 | | Services;
| 14 | | (9) Central Management Services security police | 15 | | officer;
| 16 | | (10) security employee of the Department of | 17 | | Corrections or the Department of Juvenile Justice;
| 18 | | (11) dangerous drugs investigator;
| 19 | | (12) investigator for the Department of State Police;
| 20 | | (13) investigator for the Office of the Attorney | 21 | | General;
| 22 | | (14) controlled substance inspector;
| 23 | | (15) investigator for the Office of the State's | 24 | | Attorneys Appellate
Prosecutor;
| 25 | | (16) Commerce Commission police officer;
| 26 | | (17) arson investigator;
|
| | | HB1166 Engrossed | - 15 - | LRB098 08855 EFG 38985 b |
|
| 1 | | (18) State highway maintenance worker.
| 2 | | A person employed in one of the positions specified in this | 3 | | subsection is
entitled to eligible creditable service for | 4 | | service credit earned under this
Article while undergoing the | 5 | | basic police training course approved by the
Illinois Law | 6 | | Enforcement Training
Standards Board, if
completion of that | 7 | | training is required of persons serving in that position.
For | 8 | | the purposes of this Code, service during the required basic | 9 | | police
training course shall be deemed performance of the | 10 | | duties of the specified
position, even though the person is not | 11 | | a sworn peace officer at the time of
the training.
| 12 | | (c) For the purposes of this Section:
| 13 | | (1) The term "state policeman" includes any title or | 14 | | position
in the Department of State Police that is held by | 15 | | an individual employed
under the State Police Act.
| 16 | | (2) The term "fire fighter in the fire protection | 17 | | service of a
department" includes all officers in such fire | 18 | | protection service
including fire chiefs and assistant | 19 | | fire chiefs.
| 20 | | (3) The term "air pilot" includes any employee whose | 21 | | official job
description on file in the Department of | 22 | | Central Management Services, or
in the department by which | 23 | | he is employed if that department is not covered
by the | 24 | | Personnel Code, states that his principal duty is the | 25 | | operation of
aircraft, and who possesses a pilot's license; | 26 | | however, the change in this
definition made by this |
| | | HB1166 Engrossed | - 16 - | LRB098 08855 EFG 38985 b |
|
| 1 | | amendatory Act of 1983 shall not operate to exclude
any | 2 | | noncovered employee who was an "air pilot" for the purposes | 3 | | of this
Section on January 1, 1984.
| 4 | | (4) The term "special agent" means any person who by | 5 | | reason of
employment by the Division of Narcotic Control, | 6 | | the Bureau of Investigation
or, after July 1, 1977, the | 7 | | Division of Criminal Investigation, the
Division of | 8 | | Internal Investigation, the Division of Operations, or any
| 9 | | other Division or organizational
entity in the Department | 10 | | of State Police is vested by law with duties to
maintain | 11 | | public order, investigate violations of the criminal law of | 12 | | this
State, enforce the laws of this State, make arrests | 13 | | and recover property.
The term "special agent" includes any | 14 | | title or position in the Department
of State Police that is | 15 | | held by an individual employed under the State
Police Act.
| 16 | | (5) The term "investigator for the Secretary of State" | 17 | | means any person
employed by the Office of the Secretary of | 18 | | State and vested with such
investigative duties as render | 19 | | him ineligible for coverage under the Social
Security Act | 20 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 21 | | 218(l)(1)
of that Act.
| 22 | | A person who became employed as an investigator for the | 23 | | Secretary of
State between January 1, 1967 and December 31, | 24 | | 1975, and who has served as
such until attainment of age | 25 | | 60, either continuously or with a single break
in service | 26 | | of not more than 3 years duration, which break terminated |
| | | HB1166 Engrossed | - 17 - | LRB098 08855 EFG 38985 b |
|
| 1 | | before
January 1, 1976, shall be entitled to have his | 2 | | retirement annuity
calculated in accordance with | 3 | | subsection (a), notwithstanding
that he has less than 20 | 4 | | years of credit for such service.
| 5 | | (6) The term "Conservation Police Officer" means any | 6 | | person employed
by the Division of Law Enforcement of the | 7 | | Department of Natural Resources and
vested with such law | 8 | | enforcement duties as render him ineligible for coverage
| 9 | | under the Social Security Act by reason of Sections | 10 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 11 | | term "Conservation Police Officer" includes
the positions | 12 | | of Chief Conservation Police Administrator and Assistant
| 13 | | Conservation Police Administrator.
| 14 | | (7) The term "investigator for the Department of | 15 | | Revenue" means any
person employed by the Department of | 16 | | Revenue and vested with such
investigative duties as render | 17 | | him ineligible for coverage under the Social
Security Act | 18 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 19 | | 218(l)(1)
of that Act.
| 20 | | The term "investigator for the Illinois Gaming Board" | 21 | | means any
person employed as such by the Illinois Gaming | 22 | | Board and vested with such
peace officer duties as render | 23 | | the person ineligible for coverage under the Social
| 24 | | Security Act by reason of Sections 218(d)(5)(A), | 25 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
| 26 | | (8) The term "security employee of the Department of |
| | | HB1166 Engrossed | - 18 - | LRB098 08855 EFG 38985 b |
|
| 1 | | Human Services"
means any person employed by the Department | 2 | | of Human Services who (i) is
employed at the Chester Mental | 3 | | Health Center and has daily contact with the
residents | 4 | | thereof, (ii) is employed within a security unit at a | 5 | | facility
operated by the Department and has daily contact | 6 | | with the residents of the
security unit, (iii) is employed | 7 | | at a facility operated by the Department
that includes a | 8 | | security unit and is regularly scheduled to work at least
| 9 | | 50% of his or her working hours within that security unit, | 10 | | or (iv) is a mental health police officer.
"Mental health | 11 | | police officer" means any person employed by the Department | 12 | | of
Human Services in a position pertaining to the | 13 | | Department's mental health and
developmental disabilities | 14 | | functions who is vested with such law enforcement
duties as | 15 | | render the person ineligible for coverage under the Social | 16 | | Security
Act by reason of Sections 218(d)(5)(A), | 17 | | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | 18 | | means that portion of a facility that is devoted to
the | 19 | | care, containment, and treatment of persons committed to | 20 | | the Department of
Human Services as sexually violent | 21 | | persons, persons unfit to stand trial, or
persons not | 22 | | guilty by reason of insanity. With respect to past | 23 | | employment,
references to the Department of Human Services | 24 | | include its predecessor, the
Department of Mental Health | 25 | | and Developmental Disabilities.
| 26 | | The changes made to this subdivision (c)(8) by Public |
| | | HB1166 Engrossed | - 19 - | LRB098 08855 EFG 38985 b |
|
| 1 | | Act 92-14 apply to persons who retire on or after January | 2 | | 1,
2001, notwithstanding Section 1-103.1.
| 3 | | (9) "Central Management Services security police | 4 | | officer" means any
person employed by the Department of | 5 | | Central Management Services who is
vested with such law | 6 | | enforcement duties as render him ineligible for
coverage | 7 | | under the Social Security Act by reason of Sections | 8 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 9 | | (10) For a member who first became an employee under | 10 | | this Article before July 1, 2005, the term "security | 11 | | employee of the Department of Corrections or the Department | 12 | | of Juvenile Justice"
means any employee of the Department | 13 | | of Corrections or the Department of Juvenile Justice or the | 14 | | former
Department of Personnel, and any member or employee | 15 | | of the Prisoner
Review Board, who has daily contact with | 16 | | inmates or youth by working within a
correctional facility | 17 | | or Juvenile facility operated by the Department of Juvenile | 18 | | Justice or who is a parole officer or an employee who has
| 19 | | direct contact with committed persons in the performance of | 20 | | his or her
job duties. For a member who first becomes an | 21 | | employee under this Article on or after July 1, 2005, the | 22 | | term means an employee of the Department of Corrections or | 23 | | the Department of Juvenile Justice who is any of the | 24 | | following: (i) officially headquartered at a correctional | 25 | | facility or Juvenile facility operated by the Department of | 26 | | Juvenile Justice, (ii) a parole officer, (iii) a member of |
| | | HB1166 Engrossed | - 20 - | LRB098 08855 EFG 38985 b |
|
| 1 | | the apprehension unit, (iv) a member of the intelligence | 2 | | unit, (v) a member of the sort team, or (vi) an | 3 | | investigator.
| 4 | | (11) The term "dangerous drugs investigator" means any | 5 | | person who is
employed as such by the Department of Human | 6 | | Services.
| 7 | | (12) The term "investigator for the Department of State | 8 | | Police" means
a person employed by the Department of State | 9 | | Police who is vested under
Section 4 of the Narcotic | 10 | | Control Division Abolition Act with such
law enforcement | 11 | | powers as render him ineligible for coverage under the
| 12 | | Social Security Act by reason of Sections 218(d)(5)(A), | 13 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 14 | | (13) "Investigator for the Office of the Attorney | 15 | | General" means any
person who is employed as such by the | 16 | | Office of the Attorney General and
is vested with such | 17 | | investigative duties as render him ineligible for
coverage | 18 | | under the Social Security Act by reason of Sections | 19 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 20 | | the period before January 1,
1989, the term includes all | 21 | | persons who were employed as investigators by the
Office of | 22 | | the Attorney General, without regard to social security | 23 | | status.
| 24 | | (14) "Controlled substance inspector" means any person | 25 | | who is employed
as such by the Department of Professional | 26 | | Regulation and is vested with such
law enforcement duties |
| | | HB1166 Engrossed | - 21 - | LRB098 08855 EFG 38985 b |
|
| 1 | | as render him ineligible for coverage under the Social
| 2 | | Security Act by reason of Sections 218(d)(5)(A), | 3 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 4 | | "controlled substance inspector" includes the Program
| 5 | | Executive of Enforcement and the Assistant Program | 6 | | Executive of Enforcement.
| 7 | | (15) The term "investigator for the Office of the | 8 | | State's Attorneys
Appellate Prosecutor" means a person | 9 | | employed in that capacity on a full
time basis under the | 10 | | authority of Section 7.06 of the State's Attorneys
| 11 | | Appellate Prosecutor's Act.
| 12 | | (16) "Commerce Commission police officer" means any | 13 | | person employed
by the Illinois Commerce Commission who is | 14 | | vested with such law
enforcement duties as render him | 15 | | ineligible for coverage under the Social
Security Act by | 16 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 17 | | 218(l)(1) of that Act.
| 18 | | (17) "Arson investigator" means any person who is | 19 | | employed as such by
the Office of the State Fire Marshal | 20 | | and is vested with such law enforcement
duties as render | 21 | | the person ineligible for coverage under the Social | 22 | | Security
Act by reason of Sections 218(d)(5)(A), | 23 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 24 | | employed as an arson
investigator on January 1, 1995 and is | 25 | | no longer in service but not yet
receiving a retirement | 26 | | annuity may convert his or her creditable service for
|
| | | HB1166 Engrossed | - 22 - | LRB098 08855 EFG 38985 b |
|
| 1 | | employment as an arson investigator into eligible | 2 | | creditable service by paying
to the System the difference | 3 | | between the employee contributions actually paid
for that | 4 | | service and the amounts that would have been contributed if | 5 | | the
applicant were contributing at the rate applicable to | 6 | | persons with the same
social security status earning | 7 | | eligible creditable service on the date of
application.
| 8 | | (18) The term "State highway maintenance worker" means | 9 | | a person who is
either of the following:
| 10 | | (i) A person employed on a full-time basis by the | 11 | | Illinois
Department of Transportation in the position | 12 | | of
highway maintainer,
highway maintenance lead | 13 | | worker,
highway maintenance lead/lead worker,
heavy | 14 | | construction equipment operator,
power shovel | 15 | | operator, or
bridge mechanic; and
whose principal | 16 | | responsibility is to perform, on the roadway, the | 17 | | actual
maintenance necessary to keep the highways that | 18 | | form a part of the State
highway system in serviceable | 19 | | condition for vehicular traffic.
| 20 | | (ii) A person employed on a full-time basis by the | 21 | | Illinois
State Toll Highway Authority in the position | 22 | | of
equipment operator/laborer H-4,
equipment | 23 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 24 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 25 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 26 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
|
| | | HB1166 Engrossed | - 23 - | LRB098 08855 EFG 38985 b |
|
| 1 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 2 | | painter H-4, or
painter H-6; and
whose principal | 3 | | responsibility is to perform, on the roadway, the | 4 | | actual
maintenance necessary to keep the Authority's | 5 | | tollways in serviceable condition
for vehicular | 6 | | traffic.
| 7 | | (d) A security employee of the Department of Corrections or | 8 | | the Department of Juvenile Justice, and a security
employee of | 9 | | the Department of Human Services who is not a mental health | 10 | | police
officer, shall not be eligible for the alternative | 11 | | retirement annuity provided
by this Section unless he or she | 12 | | meets the following minimum age and service
requirements at the | 13 | | time of retirement:
| 14 | | (i) 25 years of eligible creditable service and age 55; | 15 | | or
| 16 | | (ii) beginning January 1, 1987, 25 years of eligible | 17 | | creditable service
and age 54, or 24 years of eligible | 18 | | creditable service and age 55; or
| 19 | | (iii) beginning January 1, 1988, 25 years of eligible | 20 | | creditable service
and age 53, or 23 years of eligible | 21 | | creditable service and age 55; or
| 22 | | (iv) beginning January 1, 1989, 25 years of eligible | 23 | | creditable service
and age 52, or 22 years of eligible | 24 | | creditable service and age 55; or
| 25 | | (v) beginning January 1, 1990, 25 years of eligible | 26 | | creditable service
and age 51, or 21 years of eligible |
| | | HB1166 Engrossed | - 24 - | LRB098 08855 EFG 38985 b |
|
| 1 | | creditable service and age 55; or
| 2 | | (vi) beginning January 1, 1991, 25 years of eligible | 3 | | creditable service
and age 50, or 20 years of eligible | 4 | | creditable service and age 55.
| 5 | | For members to whom subsection (a-5) of this Section | 6 | | applies, the references to age 50 and 55 in item (vi) of this | 7 | | subsection are increased as provided in subsection (a-5). | 8 | | Persons who have service credit under Article 16 of this | 9 | | Code for service
as a security employee of the Department of | 10 | | Corrections or the Department of Juvenile Justice, or the | 11 | | Department
of Human Services in a position requiring | 12 | | certification as a teacher may
count such service toward | 13 | | establishing their eligibility under the service
requirements | 14 | | of this Section; but such service may be used only for
| 15 | | establishing such eligibility, and not for the purpose of | 16 | | increasing or
calculating any benefit.
| 17 | | (e) If a member enters military service while working in a | 18 | | position in
which eligible creditable service may be earned, | 19 | | and returns to State
service in the same or another such | 20 | | position, and fulfills in all other
respects the conditions | 21 | | prescribed in this Article for credit for military
service, | 22 | | such military service shall be credited as eligible creditable
| 23 | | service for the purposes of the retirement annuity prescribed | 24 | | in this Section.
| 25 | | (f) For purposes of calculating retirement annuities under | 26 | | this
Section, periods of service rendered after December 31, |
| | | HB1166 Engrossed | - 25 - | LRB098 08855 EFG 38985 b |
|
| 1 | | 1968 and before
October 1, 1975 as a covered employee in the | 2 | | position of special agent,
conservation police officer, mental | 3 | | health police officer, or investigator
for the Secretary of | 4 | | State, shall be deemed to have been service as a
noncovered | 5 | | employee, provided that the employee pays to the System prior | 6 | | to
retirement an amount equal to (1) the difference between the | 7 | | employee
contributions that would have been required for such | 8 | | service as a
noncovered employee, and the amount of employee | 9 | | contributions actually
paid, plus (2) if payment is made after | 10 | | July 31, 1987, regular interest
on the amount specified in item | 11 | | (1) from the date of service to the date
of payment.
| 12 | | For purposes of calculating retirement annuities under | 13 | | this Section,
periods of service rendered after December 31, | 14 | | 1968 and before January 1,
1982 as a covered employee in the | 15 | | position of investigator for the
Department of Revenue shall be | 16 | | deemed to have been service as a noncovered
employee, provided | 17 | | that the employee pays to the System prior to retirement
an | 18 | | amount equal to (1) the difference between the employee | 19 | | contributions
that would have been required for such service as | 20 | | a noncovered employee,
and the amount of employee contributions | 21 | | actually paid, plus (2) if payment
is made after January 1, | 22 | | 1990, regular interest on the amount specified in
item (1) from | 23 | | the date of service to the date of payment.
| 24 | | (g) A State policeman may elect, not later than January 1, | 25 | | 1990, to
establish eligible creditable service for up to 10 | 26 | | years of his service as
a policeman under Article 3, by filing |
| | | HB1166 Engrossed | - 26 - | LRB098 08855 EFG 38985 b |
|
| 1 | | a written election with the Board,
accompanied by payment of an | 2 | | amount to be determined by the Board, equal to
(i) the | 3 | | difference between the amount of employee and employer
| 4 | | contributions transferred to the System under Section 3-110.5, | 5 | | and the
amounts that would have been contributed had such | 6 | | contributions been made
at the rates applicable to State | 7 | | policemen, plus (ii) interest thereon at
the effective rate for | 8 | | each year, compounded annually, from the date of
service to the | 9 | | date of payment.
| 10 | | Subject to the limitation in subsection (i), a State | 11 | | policeman may elect,
not later than July 1, 1993, to establish | 12 | | eligible creditable service for
up to 10 years of his service | 13 | | as a member of the County Police Department
under Article 9, by | 14 | | filing a written election with the Board, accompanied
by | 15 | | payment of an amount to be determined by the Board, equal to | 16 | | (i) the
difference between the amount of employee and employer | 17 | | contributions
transferred to the System under Section 9-121.10 | 18 | | and the amounts that would
have been contributed had those | 19 | | contributions been made at the rates
applicable to State | 20 | | policemen, plus (ii) interest thereon at the effective
rate for | 21 | | each year, compounded annually, from the date of service to the
| 22 | | date of payment.
| 23 | | (h) Subject to the limitation in subsection (i), a State | 24 | | policeman or
investigator for the Secretary of State may elect | 25 | | to establish eligible
creditable service for up to 12 years of | 26 | | his service as a policeman under
Article 5, by filing a written |
| | | HB1166 Engrossed | - 27 - | LRB098 08855 EFG 38985 b |
|
| 1 | | election with the Board on or before January
31, 1992, and | 2 | | paying to the System by January 31, 1994 an amount to be
| 3 | | determined by the Board, equal to (i) the difference between | 4 | | the amount of
employee and employer contributions transferred | 5 | | to the System under Section
5-236, and the amounts that would | 6 | | have been contributed had such
contributions been made at the | 7 | | rates applicable to State policemen, plus
(ii) interest thereon | 8 | | at the effective rate for each year, compounded
annually, from | 9 | | the date of service to the date of payment.
| 10 | | Subject to the limitation in subsection (i), a State | 11 | | policeman,
conservation police officer, or investigator for | 12 | | the Secretary of State may
elect to establish eligible | 13 | | creditable service for up to 10 years of
service as a sheriff's | 14 | | law enforcement employee under Article 7, by filing
a written | 15 | | election with the Board on or before January 31, 1993, and | 16 | | paying
to the System by January 31, 1994 an amount to be | 17 | | determined by the Board,
equal to (i) the difference between | 18 | | the amount of employee and
employer contributions transferred | 19 | | to the System under Section
7-139.7, and the amounts that would | 20 | | have been contributed had such
contributions been made at the | 21 | | rates applicable to State policemen, plus
(ii) interest thereon | 22 | | at the effective rate for each year, compounded
annually, from | 23 | | the date of service to the date of payment.
| 24 | | Subject to the limitation in subsection (i), a State | 25 | | policeman,
conservation police officer, or investigator for | 26 | | the Secretary of State may
elect to establish eligible |
| | | HB1166 Engrossed | - 28 - | LRB098 08855 EFG 38985 b |
|
| 1 | | creditable service for up to 5 years of
service as a police | 2 | | officer under Article 3, a policeman under Article 5, a | 3 | | sheriff's law enforcement employee under Article 7, a member of | 4 | | the county police department under Article 9, or a police | 5 | | officer under Article 15 by filing
a written election with the | 6 | | Board and paying
to the System an amount to be determined by | 7 | | the Board,
equal to (i) the difference between the amount of | 8 | | employee and
employer contributions transferred to the System | 9 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 10 | | and the amounts that would have been contributed had such
| 11 | | contributions been made at the rates applicable to State | 12 | | policemen, plus
(ii) interest thereon at the effective rate for | 13 | | each year, compounded
annually, from the date of service to the | 14 | | date of payment. | 15 | | Subject to the limitation in subsection (i), an | 16 | | investigator for the Office of the Attorney General, or an | 17 | | investigator for the Department of Revenue, may elect to | 18 | | establish eligible creditable service for up to 5 years of | 19 | | service as a police officer under Article 3, a policeman under | 20 | | Article 5, a sheriff's law enforcement employee under Article | 21 | | 7, or a member of the county police department under Article 9 | 22 | | by filing a written election with the Board within 6 months | 23 | | after August 25, 2009 (the effective date of Public Act 96-745) | 24 | | and paying to the System an amount to be determined by the | 25 | | Board, equal to (i) the difference between the amount of | 26 | | employee and employer contributions transferred to the System |
| | | HB1166 Engrossed | - 29 - | LRB098 08855 EFG 38985 b |
|
| 1 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 2 | | amounts that would have been contributed had such contributions | 3 | | been made at the rates applicable to State policemen, plus (ii) | 4 | | interest thereon at the actuarially assumed rate for each year, | 5 | | compounded annually, from the date of service to the date of | 6 | | payment. | 7 | | Subject to the limitation in subsection (i), a State | 8 | | policeman, conservation police officer, investigator for the | 9 | | Office of the Attorney General, an investigator for the | 10 | | Department of Revenue, or investigator for the Secretary of | 11 | | State may elect to establish eligible creditable service for up | 12 | | to 5 years of service as a person employed by a participating | 13 | | municipality to perform police duties, or law enforcement | 14 | | officer employed on a full-time basis by a forest preserve | 15 | | district under Article 7, a county corrections officer, or a | 16 | | court services officer under Article 9, by filing a written | 17 | | election with the Board within 6 months after August 25, 2009 | 18 | | (the effective date of Public Act 96-745) and paying to the | 19 | | System an amount to be determined by the Board, equal to (i) | 20 | | the difference between the amount of employee and employer | 21 | | contributions transferred to the System under Sections 7-139.8 | 22 | | and 9-121.10 and the amounts that would have been contributed | 23 | | had such contributions been made at the rates applicable to | 24 | | State policemen, plus (ii) interest thereon at the actuarially | 25 | | assumed rate for each year, compounded annually, from the date | 26 | | of service to the date of payment. |
| | | HB1166 Engrossed | - 30 - | LRB098 08855 EFG 38985 b |
|
| 1 | | (i) The total amount of eligible creditable service | 2 | | established by any
person under subsections (g), (h), (j), (k), | 3 | | and (l) of this
Section shall not exceed 12 years.
| 4 | | (j) Subject to the limitation in subsection (i), an | 5 | | investigator for
the Office of the State's Attorneys Appellate | 6 | | Prosecutor or a controlled
substance inspector may elect to
| 7 | | establish eligible creditable service for up to 10 years of his | 8 | | service as
a policeman under Article 3 or a sheriff's law | 9 | | enforcement employee under
Article 7, by filing a written | 10 | | election with the Board, accompanied by
payment of an amount to | 11 | | be determined by the Board, equal to (1) the
difference between | 12 | | the amount of employee and employer contributions
transferred | 13 | | to the System under Section 3-110.6 or 7-139.8, and the amounts
| 14 | | that would have been contributed had such contributions been | 15 | | made at the
rates applicable to State policemen, plus (2) | 16 | | interest thereon at the
effective rate for each year, | 17 | | compounded annually, from the date of service
to the date of | 18 | | payment.
| 19 | | (k) Subject to the limitation in subsection (i) of this | 20 | | Section, an
alternative formula employee may elect to establish | 21 | | eligible creditable
service for periods spent as a full-time | 22 | | law enforcement officer or full-time
corrections officer | 23 | | employed by the federal government or by a state or local
| 24 | | government located outside of Illinois, for which credit is not | 25 | | held in any
other public employee pension fund or retirement | 26 | | system. To obtain this
credit, the applicant must file a |
| | | HB1166 Engrossed | - 31 - | LRB098 08855 EFG 38985 b |
|
| 1 | | written application with the Board by March
31, 1998, | 2 | | accompanied by evidence of eligibility acceptable to the Board | 3 | | and
payment of an amount to be determined by the Board, equal | 4 | | to (1) employee
contributions for the credit being established, | 5 | | based upon the applicant's
salary on the first day as an | 6 | | alternative formula employee after the employment
for which | 7 | | credit is being established and the rates then applicable to
| 8 | | alternative formula employees, plus (2) an amount determined by | 9 | | the Board
to be the employer's normal cost of the benefits | 10 | | accrued for the credit being
established, plus (3) regular | 11 | | interest on the amounts in items (1) and (2) from
the first day | 12 | | as an alternative formula employee after the employment for | 13 | | which
credit is being established to the date of payment.
| 14 | | (l) Subject to the limitation in subsection (i), a security | 15 | | employee of
the Department of Corrections may elect, not later | 16 | | than July 1, 1998, to
establish eligible creditable service for | 17 | | up to 10 years of his or her service
as a policeman under | 18 | | Article 3, by filing a written election with the Board,
| 19 | | accompanied by payment of an amount to be determined by the | 20 | | Board, equal to
(i) the difference between the amount of | 21 | | employee and employer contributions
transferred to the System | 22 | | under Section 3-110.5, and the amounts that would
have been | 23 | | contributed had such contributions been made at the rates | 24 | | applicable
to security employees of the Department of | 25 | | Corrections, plus (ii) interest
thereon at the effective rate | 26 | | for each year, compounded annually, from the date
of service to |
| | | HB1166 Engrossed | - 32 - | LRB098 08855 EFG 38985 b |
|
| 1 | | the date of payment.
| 2 | | (m) The amendatory changes to this Section made by this | 3 | | amendatory Act of the 94th General Assembly apply only to: (1) | 4 | | security employees of the Department of Juvenile Justice | 5 | | employed by the Department of Corrections before the effective | 6 | | date of this amendatory Act of the 94th General Assembly and | 7 | | transferred to the Department of Juvenile Justice by this | 8 | | amendatory Act of the 94th General Assembly; and (2) persons | 9 | | employed by the Department of Juvenile Justice on or after the | 10 | | effective date of this amendatory Act of the 94th General | 11 | | Assembly who are required by subsection (b) of Section 3-2.5-15 | 12 | | of the Unified Code of Corrections to have a bachelor's or | 13 | | advanced degree from an accredited college or university with a | 14 | | specialization in criminal justice, education, psychology, | 15 | | social work, or a closely related social science or, in the | 16 | | case of persons who provide vocational training, who are | 17 | | required to have adequate knowledge in the skill for which they | 18 | | are providing the vocational training.
| 19 | | (n) A person employed in a position under subsection (b) of | 20 | | this Section who has purchased service credit under subsection | 21 | | (j) of Section 14-104 or subsection (b) of Section 14-105 in | 22 | | any other capacity under this Article may convert up to 5 years | 23 | | of that service credit into service credit covered under this | 24 | | Section by paying to the Fund an amount equal to (1) the | 25 | | additional employee contribution required under Section | 26 | | 14-133, plus (2) the additional employer contribution required |
| | | HB1166 Engrossed | - 33 - | LRB098 08855 EFG 38985 b |
|
| 1 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 2 | | the actuarially assumed rate from the date of the service to | 3 | | the date of payment. | 4 | | (Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09; | 5 | | 96-37, eff. 7-13-09; 96-745, eff. 8-25-09; 96-1000, eff. | 6 | | 7-2-10.)
| 7 | | (40 ILCS 5/15-107.1 new) | 8 | | Sec. 15-107.1. Tier I participant. "Tier I participant": A | 9 | | participant under this Article, other than a participant in the | 10 | | self-managed plan under Section 15-158.2, who first became a | 11 | | member or participant before January 1, 2011 under any | 12 | | reciprocal retirement system or pension fund established under | 13 | | this Code other than a retirement system or pension fund | 14 | | established under Article 2, 3, 4, 5, 6, or 18 of this Code.
| 15 | | (40 ILCS 5/15-135) (from Ch. 108 1/2, par. 15-135)
| 16 | | Sec. 15-135. Retirement annuities - Conditions.
| 17 | | (a) A participant who retires in one of the following | 18 | | specified years with
the specified amount of service is | 19 | | entitled to a retirement annuity at any age
under the | 20 | | retirement program applicable to the participant:
| 21 | | 35 years if retirement is in 1997 or before;
| 22 | | 34 years if retirement is in 1998;
| 23 | | 33 years if retirement is in 1999;
| 24 | | 32 years if retirement is in 2000;
|
| | | HB1166 Engrossed | - 34 - | LRB098 08855 EFG 38985 b |
|
| 1 | | 31 years if retirement is in 2001;
| 2 | | 30 years if retirement is in 2002 or later.
| 3 | | A participant with 8 or more years of service after | 4 | | September 1, 1941, is
entitled to a retirement annuity on or | 5 | | after attainment of age 55.
| 6 | | A participant with at least 5 but less than 8 years
of | 7 | | service after September 1, 1941, is entitled to a retirement | 8 | | annuity on
or after attainment of age 62.
| 9 | | A participant who has at least 25 years of service in this | 10 | | system as a
police officer or firefighter is entitled to a | 11 | | retirement
annuity on or after the attainment of age 50, if | 12 | | Rule 4 of Section
15-136 is applicable to the participant.
| 13 | | (a-5) Notwithstanding subsection (a) of this Section, for a | 14 | | Tier I participant who begins receiving a retirement annuity | 15 | | under this Article after July 1, 2013: | 16 | | (1) If the Tier I participant is at least 45 years old | 17 | | on the effective date of this amendatory Act of the 98th | 18 | | General Assembly, then the reference to retirement with 30 | 19 | | years of service as well as the references to age 50, 55, | 20 | | and 62 in subsection (a) of this Section remain unchanged. | 21 | | (2) If the Tier I participant is at least 40 but less | 22 | | than 45 years old on the effective date of this amendatory | 23 | | Act of the 98th General Assembly, then the reference to | 24 | | retirement with 30 years of service as well as the | 25 | | references to age 50, 55, and 62 in subsection (a) of this | 26 | | Section shall be increased by one year. |
| | | HB1166 Engrossed | - 35 - | LRB098 08855 EFG 38985 b |
|
| 1 | | (3) If the Tier I participant is at least 35 but less | 2 | | than 40 years old on the effective date of this amendatory | 3 | | Act of the 98th General Assembly, then the reference to | 4 | | retirement with 30 years of service as well as the | 5 | | references to age 50, 55, and 62 in subsection (a) of this | 6 | | Section shall be increased by 3 years. | 7 | | (4) If the Tier I participant is less than 35 years old | 8 | | on the effective date of this amendatory Act of the 98th | 9 | | General Assembly, then the reference to retirement with 30 | 10 | | years of service as well as the references to age 50, 55, | 11 | | and 62 in subsection (a) of this Section shall be increased | 12 | | by 5 years. | 13 | | Notwithstanding Section 1-103.1, this subsection (a-5) | 14 | | applies without regard to whether or not the Tier I participant | 15 | | is in active service under this Article on or after the | 16 | | effective date of this amendatory Act of the 98th General | 17 | | Assembly. | 18 | | (b) The annuity payment period shall begin on the date | 19 | | specified by the
participant or the recipient of a disability | 20 | | retirement annuity submitting a written application, which | 21 | | date shall not be prior
to termination of employment or more | 22 | | than one year before the application is
received by the board; | 23 | | however, if the participant is not an employee of an
employer | 24 | | participating in this System or in a participating system as | 25 | | defined
in Article 20 of this Code on April 1 of the calendar | 26 | | year next following
the calendar year in which the participant |
| | | HB1166 Engrossed | - 36 - | LRB098 08855 EFG 38985 b |
|
| 1 | | attains age 70 1/2, the annuity
payment period shall begin on | 2 | | that date regardless of whether an application
has been filed.
| 3 | | (c) An annuity is not payable if the amount provided under | 4 | | Section
15-136 is less than $10 per month.
| 5 | | (Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12.)
| 6 | | (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
| 7 | | Sec. 15-136. Retirement annuities - Amount. The provisions | 8 | | of this
Section 15-136 apply only to those participants who are | 9 | | participating in the
traditional benefit package or the | 10 | | portable benefit package and do not
apply to participants who | 11 | | are participating in the self-managed plan.
| 12 | | (a) The amount of a participant's retirement annuity, | 13 | | expressed in the form
of a single-life annuity, shall be | 14 | | determined by whichever of the following
rules is applicable | 15 | | and provides the largest annuity:
| 16 | | Rule 1: The retirement annuity shall be 1.67% of final rate | 17 | | of earnings for
each of the first 10 years of service, 1.90% | 18 | | for each of the next 10 years of
service, 2.10% for each year | 19 | | of service in excess of 20 but not exceeding 30,
and 2.30% for | 20 | | each year in excess of 30; or for persons who retire on or
| 21 | | after January 1, 1998, 2.2% of the final rate of earnings for | 22 | | each year of
service.
| 23 | | Rule 2: The retirement annuity shall be the sum of the | 24 | | following,
determined from amounts credited to the participant | 25 | | in accordance with the
actuarial tables and the effective rate |
| | | HB1166 Engrossed | - 37 - | LRB098 08855 EFG 38985 b |
|
| 1 | | of interest in effect at the
time the retirement annuity | 2 | | begins:
| 3 | | (i) the normal annuity which can be provided on an | 4 | | actuarially
equivalent basis, by the accumulated normal | 5 | | contributions as of
the date the annuity begins;
| 6 | | (ii) an annuity from employer contributions of an | 7 | | amount equal to that
which can be provided on an | 8 | | actuarially equivalent basis from the accumulated
normal | 9 | | contributions made by the participant under Section | 10 | | 15-113.6 and Section
15-113.7 plus 1.4 times all other | 11 | | accumulated normal contributions made by
the participant; | 12 | | and
| 13 | | (iii) the annuity that can be provided on an | 14 | | actuarially equivalent basis
from the entire contribution | 15 | | made by the participant under Section 15-113.3.
| 16 | | With respect to a police officer or firefighter who retires | 17 | | on or after
August 14, 1998, the accumulated normal | 18 | | contributions taken into account under
clauses (i) and (ii) of | 19 | | this Rule 2 shall include the additional normal
contributions | 20 | | made by the police officer or firefighter under Section
| 21 | | 15-157(a).
| 22 | | The amount of a retirement annuity calculated under this | 23 | | Rule 2 shall
be computed solely on the basis of the | 24 | | participant's accumulated normal
contributions, as specified | 25 | | in this Rule and defined in Section 15-116.
Neither an employee | 26 | | or employer contribution for early retirement under
Section |
| | | HB1166 Engrossed | - 38 - | LRB098 08855 EFG 38985 b |
|
| 1 | | 15-136.2 nor any other employer contribution shall be used in | 2 | | the
calculation of the amount of a retirement annuity under | 3 | | this Rule 2.
| 4 | | This amendatory Act of the 91st General Assembly is a | 5 | | clarification of
existing law and applies to every participant | 6 | | and annuitant without regard to
whether status as an employee | 7 | | terminates before the effective date of this
amendatory Act.
| 8 | | This Rule 2 does not apply to a person who first becomes an | 9 | | employee under this Article on or after July 1, 2005.
| 10 | | Rule 3: The retirement annuity of a participant who is | 11 | | employed
at least one-half time during the period on which his | 12 | | or her final rate of
earnings is based, shall be equal to the | 13 | | participant's years of service
not to exceed 30, multiplied by | 14 | | (1) $96 if the participant's final rate
of earnings is less | 15 | | than $3,500, (2) $108 if the final rate of earnings is
at least | 16 | | $3,500 but less than $4,500, (3) $120 if the final rate of | 17 | | earnings
is at least $4,500 but less than $5,500, (4) $132 if | 18 | | the final rate
of earnings is at least $5,500 but less than | 19 | | $6,500, (5)
$144 if the final rate of earnings is at least | 20 | | $6,500 but less than
$7,500, (6) $156 if the final rate of | 21 | | earnings is at least $7,500 but less
than $8,500, (7) $168 if | 22 | | the final rate of earnings is at least $8,500 but
less than | 23 | | $9,500, and (8) $180 if the final rate of earnings is $9,500 or
| 24 | | more, except that the annuity for those persons having made an | 25 | | election under
Section 15-154(a-1) shall be calculated and | 26 | | payable under the portable
retirement benefit program pursuant |
| | | HB1166 Engrossed | - 39 - | LRB098 08855 EFG 38985 b |
|
| 1 | | to the provisions of Section 15-136.4.
| 2 | | Rule 4: A participant who is at least age 50 and has 25 or | 3 | | more years of
service as a police officer or firefighter, and a | 4 | | participant who is age 55 or
over and has at least 20 but less | 5 | | than 25 years of service as a police officer
or firefighter, | 6 | | shall be entitled to a retirement annuity of 2 1/4% of the
| 7 | | final rate of earnings for each of the first 10 years of | 8 | | service as a police
officer or firefighter, 2 1/2% for each of | 9 | | the next 10 years of service as a
police officer or | 10 | | firefighter, and 2 3/4% for each year of service as a police
| 11 | | officer or firefighter in excess of 20. The retirement annuity | 12 | | for all other
service shall be computed under Rule 1.
| 13 | | For purposes of this Rule 4, a participant's service as a | 14 | | firefighter
shall also include the following:
| 15 | | (i) service that is performed while the person is an | 16 | | employee under
subsection (h) of Section 15-107; and
| 17 | | (ii) in the case of an individual who was a | 18 | | participating employee
employed in the fire department of | 19 | | the University of Illinois's
Champaign-Urbana campus | 20 | | immediately prior to the elimination of that fire
| 21 | | department and who immediately after the elimination of | 22 | | that fire department
transferred to another job with the | 23 | | University of Illinois, service performed
as an employee of | 24 | | the University of Illinois in a position other than police
| 25 | | officer or firefighter, from the date of that transfer | 26 | | until the employee's
next termination of service with the |
| | | HB1166 Engrossed | - 40 - | LRB098 08855 EFG 38985 b |
|
| 1 | | University of Illinois.
| 2 | | Rule 5: The retirement annuity of a participant who elected | 3 | | early
retirement under the provisions of Section 15-136.2 and | 4 | | who, on or before
February 16, 1995, brought administrative | 5 | | proceedings pursuant to the
administrative rules adopted by the | 6 | | System to challenge the calculation of his
or her retirement | 7 | | annuity shall be the sum of the following, determined from
| 8 | | amounts credited to the participant in accordance with the | 9 | | actuarial tables and
the prescribed rate of interest in effect | 10 | | at the time the retirement annuity
begins:
| 11 | | (i) the normal annuity which can be provided on an | 12 | | actuarially equivalent
basis, by the accumulated normal | 13 | | contributions as of the date the annuity
begins; and
| 14 | | (ii) an annuity from employer contributions of an | 15 | | amount equal to that
which can be provided on an | 16 | | actuarially equivalent basis from the accumulated
normal | 17 | | contributions made by the participant under Section | 18 | | 15-113.6 and Section
15-113.7 plus 1.4 times all other | 19 | | accumulated normal contributions made by the
participant; | 20 | | and
| 21 | | (iii) an annuity which can be provided on an | 22 | | actuarially equivalent basis
from the employee | 23 | | contribution for early retirement under Section 15-136.2, | 24 | | and
an annuity from employer contributions of an amount | 25 | | equal to that which can be
provided on an actuarially | 26 | | equivalent basis from the employee contribution for
early |
| | | HB1166 Engrossed | - 41 - | LRB098 08855 EFG 38985 b |
|
| 1 | | retirement under Section 15-136.2.
| 2 | | In no event shall a retirement annuity under this Rule 5 be | 3 | | lower than the
amount obtained by adding (1) the monthly amount | 4 | | obtained by dividing the
combined employee and employer | 5 | | contributions made under Section 15-136.2 by the
System's | 6 | | annuity factor for the age of the participant at the beginning | 7 | | of the
annuity payment period and (2) the amount equal to the | 8 | | participant's annuity if
calculated under Rule 1, reduced under | 9 | | Section 15-136(b) as if no
contributions had been made under | 10 | | Section 15-136.2.
| 11 | | With respect to a participant who is qualified for a | 12 | | retirement annuity under
this Rule 5 whose retirement annuity | 13 | | began before the effective date of this
amendatory Act of the | 14 | | 91st General Assembly, and for whom an employee
contribution | 15 | | was made under Section 15-136.2, the System shall recalculate | 16 | | the
retirement annuity under this Rule 5 and shall pay any | 17 | | additional amounts due
in the manner provided in Section | 18 | | 15-186.1 for benefits mistakenly set too low.
| 19 | | The amount of a retirement annuity calculated under this | 20 | | Rule 5 shall be
computed solely on the basis of those | 21 | | contributions specifically set forth in
this Rule 5. Except as | 22 | | provided in clause (iii) of this Rule 5, neither an
employee | 23 | | nor employer contribution for early retirement under Section | 24 | | 15-136.2,
nor any other employer contribution, shall be used in | 25 | | the calculation of the
amount of a retirement annuity under | 26 | | this Rule 5.
|
| | | HB1166 Engrossed | - 42 - | LRB098 08855 EFG 38985 b |
|
| 1 | | The General Assembly has adopted the changes set forth in | 2 | | Section 25 of this
amendatory Act of the 91st General Assembly | 3 | | in recognition that the decision of
the Appellate Court for the | 4 | | Fourth District in Mattis v. State Universities
Retirement | 5 | | System et al. might be deemed to give some right to the | 6 | | plaintiff in
that case. The changes made by Section 25 of this | 7 | | amendatory Act of the 91st
General Assembly are a legislative | 8 | | implementation of the decision of the
Appellate Court for the | 9 | | Fourth District in Mattis v. State Universities
Retirement | 10 | | System et al. with respect to that plaintiff.
| 11 | | The changes made by Section 25 of this amendatory Act of | 12 | | the 91st General
Assembly apply without regard to whether the | 13 | | person is in service as an
employee on or after its effective | 14 | | date.
| 15 | | (b) The retirement annuity provided under Rules 1 and 3 | 16 | | above shall be
reduced by 1/2 of 1% for each month the | 17 | | participant is under age 60 at the
time of retirement. However, | 18 | | this reduction shall not apply in the following
cases:
| 19 | | (1) For a disabled participant whose disability | 20 | | benefits have been
discontinued because he or she has | 21 | | exhausted eligibility for disability
benefits under clause | 22 | | (6) of Section 15-152;
| 23 | | (2) For a participant who has at least the number of | 24 | | years of service
required to retire at any age under | 25 | | subsection (a) of Section 15-135; or
| 26 | | (3) For that portion of a retirement annuity which has |
| | | HB1166 Engrossed | - 43 - | LRB098 08855 EFG 38985 b |
|
| 1 | | been provided on
account of service of the participant | 2 | | during periods when he or she performed
the duties of a | 3 | | police officer or firefighter, if these duties were | 4 | | performed
for at least 5 years immediately preceding the | 5 | | date the retirement annuity
is to begin.
| 6 | | (c) The maximum retirement annuity provided under Rules 1, | 7 | | 2, 4,
and 5
shall be the lesser of (1) the annual limit of | 8 | | benefits as specified in
Section 415 of the Internal Revenue | 9 | | Code of 1986, as such Section may be
amended from time to time | 10 | | and as such benefit limits shall be adjusted by
the | 11 | | Commissioner of Internal Revenue, and (2) 80% of final rate of
| 12 | | earnings.
| 13 | | (d) An annuitant whose status as an employee terminates | 14 | | after August 14,
1969 shall receive automatic increases in his | 15 | | or her retirement annuity as
follows:
| 16 | | Effective January 1 immediately following the date the | 17 | | retirement annuity
begins, the annuitant shall receive an | 18 | | increase in his or her monthly
retirement annuity of 0.125% of | 19 | | the monthly retirement annuity provided under
Rule 1, Rule 2, | 20 | | Rule 3, Rule 4, or Rule 5, contained in this
Section, | 21 | | multiplied by
the number of full months which elapsed from the | 22 | | date the retirement annuity
payments began to January 1, 1972, | 23 | | plus 0.1667% of such annuity, multiplied by
the number of full | 24 | | months which elapsed from January 1, 1972, or the date the
| 25 | | retirement annuity payments began, whichever is later, to | 26 | | January 1, 1978, plus
0.25% of such annuity multiplied by the |
| | | HB1166 Engrossed | - 44 - | LRB098 08855 EFG 38985 b |
|
| 1 | | number of full months which elapsed
from January 1, 1978, or | 2 | | the date the retirement annuity payments began,
whichever is | 3 | | later, to the effective date of the increase.
| 4 | | The annuitant shall receive an increase in his or her | 5 | | monthly retirement
annuity on each January 1 thereafter during | 6 | | the annuitant's life of 3% of
the monthly annuity provided | 7 | | under Rule 1, Rule 2, Rule 3, Rule 4, or
Rule 5 contained
in | 8 | | this Section. The change made under this subsection by P.A. | 9 | | 81-970 is
effective January 1, 1980 and applies to each | 10 | | annuitant whose status as
an employee terminates before or | 11 | | after that date.
| 12 | | Beginning January 1, 1990, all automatic annual increases | 13 | | payable under
this Section shall be calculated as a percentage | 14 | | of the total annuity
payable at the time of the increase, | 15 | | including all increases previously
granted under this Article.
| 16 | | The change made in this subsection by P.A. 85-1008 is | 17 | | effective January
26, 1988, and is applicable without regard to | 18 | | whether status as an employee
terminated before that date.
| 19 | | (e) If, on January 1, 1987, or the date the retirement | 20 | | annuity payment
period begins, whichever is later, the sum of | 21 | | the retirement annuity
provided under Rule 1 or Rule 2 of this | 22 | | Section
and the automatic annual increases provided under the | 23 | | preceding subsection
or Section 15-136.1, amounts to less than | 24 | | the retirement
annuity which would be provided by Rule 3, the | 25 | | retirement
annuity shall be increased as of January 1, 1987, or | 26 | | the date the
retirement annuity payment period begins, |
| | | HB1166 Engrossed | - 45 - | LRB098 08855 EFG 38985 b |
|
| 1 | | whichever is later, to the amount
which would be provided by | 2 | | Rule 3 of this Section. Such increased
amount shall be | 3 | | considered as the retirement annuity in determining
benefits | 4 | | provided under other Sections of this Article. This paragraph
| 5 | | applies without regard to whether status as an employee | 6 | | terminated before the
effective date of this amendatory Act of | 7 | | 1987, provided that the annuitant was
employed at least | 8 | | one-half time during the period on which the final rate of
| 9 | | earnings was based.
| 10 | | (f) A participant is entitled to such additional annuity as | 11 | | may be provided
on an actuarially equivalent basis, by any | 12 | | accumulated
additional contributions to his or her credit. | 13 | | However,
the additional contributions made by the participant | 14 | | toward the automatic
increases in annuity provided under this | 15 | | Section shall not be taken into
account in determining the | 16 | | amount of such additional annuity.
| 17 | | (g) If, (1) by law, a function of a governmental unit, as | 18 | | defined by Section
20-107 of this Code, is transferred in whole | 19 | | or in part to an employer, and (2)
a participant transfers | 20 | | employment from such governmental unit to such employer
within | 21 | | 6 months after the transfer of the function, and (3) the sum of | 22 | | (A) the
annuity payable to the participant under Rule 1, 2, or | 23 | | 3 of this Section (B)
all proportional annuities payable to the | 24 | | participant by all other retirement
systems covered by Article | 25 | | 20, and (C) the initial primary insurance amount to
which the | 26 | | participant is entitled under the Social Security Act, is less |
| | | HB1166 Engrossed | - 46 - | LRB098 08855 EFG 38985 b |
|
| 1 | | than
the retirement annuity which would have been payable if | 2 | | all of the
participant's pension credits validated under | 3 | | Section 20-109 had been validated
under this system, a | 4 | | supplemental annuity equal to the difference in such
amounts | 5 | | shall be payable to the participant.
| 6 | | (h) On January 1, 1981, an annuitant who was receiving
a | 7 | | retirement annuity on or before January 1, 1971 shall have his | 8 | | or her
retirement annuity then being paid increased $1 per | 9 | | month for
each year of creditable service. On January 1, 1982, | 10 | | an annuitant whose
retirement annuity began on or before | 11 | | January 1, 1977, shall have his or her
retirement annuity then | 12 | | being paid increased $1 per month for each year of
creditable | 13 | | service.
| 14 | | (i) On January 1, 1987, any annuitant whose retirement | 15 | | annuity began on or
before January 1, 1977, shall have the | 16 | | monthly retirement annuity increased by
an amount equal to 8˘ | 17 | | per year of creditable service times the number of years
that | 18 | | have elapsed since the annuity began.
| 19 | | (j) For participants to whom subsection (a-5) of Section | 20 | | 15-135 applies, the references to age 50, 55, and 62 in this | 21 | | Section are increased as provided in subsection (a-5) of | 22 | | Section 15-135. | 23 | | (Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12.)
| 24 | | (40 ILCS 5/16-106.4 new) | 25 | | Sec. 16-106.4. Tier I member. "Tier I member": A member |
| | | HB1166 Engrossed | - 47 - | LRB098 08855 EFG 38985 b |
|
| 1 | | under this Article who first became a member or participant | 2 | | before January 1, 2011 under any reciprocal retirement system | 3 | | or pension fund established under this Code other than a | 4 | | retirement system or pension fund established under Article 2, | 5 | | 3, 4, 5, 6, or 18 of this Code.
| 6 | | (40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
| 7 | | Sec. 16-132. Retirement annuity eligibility. | 8 | | (a) A member who has at least 20 years of creditable | 9 | | service is entitled to a
retirement annuity upon or after | 10 | | attainment of age 55.
A member who has at least 10 but less | 11 | | than 20 years of creditable service is
entitled to a retirement | 12 | | annuity upon or after attainment of age 60.
A member who has at | 13 | | least 5 but less than 10 years of creditable service is
| 14 | | entitled to a retirement annuity upon or after attainment of | 15 | | age 62.
A member who (i) has earned during the period | 16 | | immediately preceding the last
day of service at least one year | 17 | | of contributing creditable service as an
employee of a | 18 | | department as defined in Section 14-103.04, (ii) has earned at
| 19 | | least 5 years of contributing creditable service as an employee | 20 | | of a department
as defined in Section 14-103.04, and (iii) | 21 | | retires on or after January 1, 2001
is entitled to a retirement | 22 | | annuity upon or after attainment of an age which,
when added to | 23 | | the number of years of his or her total creditable service,
| 24 | | equals at least 85. Portions of years shall be counted as | 25 | | decimal equivalents.
|
| | | HB1166 Engrossed | - 48 - | LRB098 08855 EFG 38985 b |
|
| 1 | | A member who is eligible to receive a retirement annuity of | 2 | | at least 74.6% of
final average salary and will attain age 55 | 3 | | on or before December 31 during the
year which commences on | 4 | | July 1 shall be deemed to attain age 55 on the
preceding June | 5 | | 1.
| 6 | | (b) Notwithstanding subsection (a) of this Section, for a | 7 | | Tier I member who begins receiving a retirement annuity under | 8 | | this Article after July 1, 2013: | 9 | | (1) If the Tier I member is at least 45 years old on | 10 | | the effective date of this amendatory Act of the 98th | 11 | | General Assembly, then the references to age 55, 60, and 62 | 12 | | in subsection (a) of this Section remain unchanged and the | 13 | | reference to 85 in subsection (a) of this Section remains | 14 | | unchanged. | 15 | | (2) If the Tier I member is at least 40 but less than | 16 | | 45 years old on the effective date of this amendatory Act | 17 | | of the 98th General Assembly, then the references to age | 18 | | 55, 60, and 62 in subsection (a) of this Section are | 19 | | increased by one year and the reference to 85 in subsection | 20 | | (a) is increased to 87. | 21 | | (3) If the Tier I member is at least 35 but less than | 22 | | 40 years old on the effective date of this amendatory Act | 23 | | of the 98th General Assembly, then the references to age | 24 | | 55, 60, and 62 in subsection (a) of this Section are | 25 | | increased by 3 years and the reference to 85 in subsection | 26 | | (a) is increased to 91. |
| | | HB1166 Engrossed | - 49 - | LRB098 08855 EFG 38985 b |
|
| 1 | | (4) If the Tier I member is less than 35 years old on | 2 | | the effective date of this amendatory Act of the 98th | 3 | | General Assembly, then the references to age 55, 60, and 62 | 4 | | in subsection (a) of this Section are increased by 5 years | 5 | | and the reference to 85 in subsection (a) is increased to | 6 | | 95. | 7 | | Notwithstanding Section 1-103.1, this subsection (b) | 8 | | applies without regard to whether or not the Tier I member is | 9 | | in active service under this Article on or after the effective | 10 | | date of this amendatory Act of the 98th General Assembly. | 11 | | (c) A member meeting the above eligibility conditions is | 12 | | entitled to a retirement
annuity upon written application to | 13 | | the board setting forth the date the member
wishes the | 14 | | retirement annuity to commence. However, the effective date of | 15 | | the
retirement annuity shall be no earlier than the day | 16 | | following the last day of
creditable service, regardless of the | 17 | | date of official termination of
employment.
| 18 | | (d) To be eligible for a retirement annuity, a member shall | 19 | | not be employed
as a teacher in the schools included under this | 20 | | System or under Article 17,
except (i) as provided in Section | 21 | | 16-118 or 16-150.1, (ii) if
the member is disabled (in which | 22 | | event, eligibility for salary must cease),
or (iii) if the | 23 | | System is required by federal law to commence
payment due to | 24 | | the member's age; the changes to this sentence made by Public | 25 | | Act 93-320 this
amendatory Act of the 93rd General Assembly | 26 | | apply without
regard to whether the member terminated |
| | | HB1166 Engrossed | - 50 - | LRB098 08855 EFG 38985 b |
|
| 1 | | employment before or after its
effective date.
| 2 | | (Source: P.A. 93-320, eff. 7-23-03.)
| 3 | | (40 ILCS 5/16-133) (from Ch. 108 1/2, par. 16-133)
| 4 | | Sec. 16-133. Retirement annuity; amount.
| 5 | | (a) The amount of the retirement annuity shall be (i) in | 6 | | the case of a person who first became a teacher under this | 7 | | Article before July 1, 2005, the larger of the
amounts | 8 | | determined under paragraphs (A) and (B) below, or (ii) in the | 9 | | case of a person who first becomes a teacher under this Article | 10 | | on or after July 1, 2005, the amount determined under the | 11 | | applicable provisions of paragraph (B):
| 12 | | (A) An amount consisting of the sum of the following:
| 13 | | (1) An amount that can be provided on an | 14 | | actuarially equivalent basis
by the member's | 15 | | accumulated contributions at the time of retirement; | 16 | | and
| 17 | | (2) The sum of (i) the amount that can be provided | 18 | | on an actuarially
equivalent basis by the member's | 19 | | accumulated contributions representing
service prior | 20 | | to July 1, 1947, and (ii) the amount that can be | 21 | | provided on
an actuarially equivalent basis by the | 22 | | amount obtained by multiplying 1.4
times the member's | 23 | | accumulated contributions covering service subsequent | 24 | | to
June 30, 1947; and
| 25 | | (3) If there is prior service, 2 times the amount |
| | | HB1166 Engrossed | - 51 - | LRB098 08855 EFG 38985 b |
|
| 1 | | that would have been
determined under subparagraph (2) | 2 | | of paragraph (A) above on account of
contributions | 3 | | which would have been made during the period of prior | 4 | | service
creditable to the member had the System been in | 5 | | operation and had the
member made contributions at the | 6 | | contribution rate in effect prior to
July 1, 1947.
| 7 | | This paragraph (A) does not apply to a person who first | 8 | | becomes a teacher under this Article on or after July 1, | 9 | | 2005.
| 10 | | (B) An amount consisting of the greater of the | 11 | | following:
| 12 | | (1) For creditable service earned before July 1, | 13 | | 1998 that has not
been augmented under Section | 14 | | 16-129.1: 1.67% of final average salary for
each of the | 15 | | first 10 years of creditable service, 1.90% of final | 16 | | average salary
for each year in excess of 10 but not | 17 | | exceeding 20, 2.10% of final average
salary for each | 18 | | year in excess of 20 but not exceeding 30, and 2.30% of | 19 | | final
average salary for each year in excess of 30; and
| 20 | | For creditable service earned on or after July 1, | 21 | | 1998 by a member who
has at least 24 years of | 22 | | creditable service on July 1, 1998 and who
does not | 23 | | elect to augment service under Section 16-129.1: 2.2% | 24 | | of final
average salary for each year of creditable | 25 | | service earned on or after July 1,
1998 but before the | 26 | | member reaches a total of 30 years of creditable |
| | | HB1166 Engrossed | - 52 - | LRB098 08855 EFG 38985 b |
|
| 1 | | service
and 2.3% of final average salary for each year | 2 | | of creditable service earned
on or after July 1, 1998 | 3 | | and after the member reaches a total of 30 years of
| 4 | | creditable service; and
| 5 | | For all other creditable service: 2.2% of final | 6 | | average salary
for each year of creditable service; or
| 7 | | (2) 1.5% of final average salary for each year of
| 8 | | creditable service plus the sum $7.50 for each of the | 9 | | first 20 years of
creditable service.
| 10 | | The amount of the retirement annuity determined under this | 11 | | paragraph (B)
shall be reduced by 1/2 of 1% for each month | 12 | | that the member is less than
age 60 at the time the | 13 | | retirement annuity begins. However, this reduction
shall | 14 | | not apply (i) if the member has at least 35 years of | 15 | | creditable service,
or (ii) if the member retires on | 16 | | account of disability under Section 16-149.2
of this | 17 | | Article with at least 20 years of creditable service, or | 18 | | (iii) if
the member (1) has earned during the period | 19 | | immediately preceding the last
day of service at least one | 20 | | year of contributing creditable service as an
employee of a | 21 | | department as defined in Section 14-103.04, (2) has earned | 22 | | at
least 5 years of contributing creditable service as an | 23 | | employee of a department
as defined in Section 14-103.04, | 24 | | (3) retires on or after January 1, 2001, and
(4) retires | 25 | | having attained an age which, when added to the number of | 26 | | years of
his or her total creditable service, equals at |
| | | HB1166 Engrossed | - 53 - | LRB098 08855 EFG 38985 b |
|
| 1 | | least 85. Portions of years
shall be counted as decimal | 2 | | equivalents. For participants to whom subsection (b) of | 3 | | Section 16-132 applies, the reference to age 60 in this | 4 | | paragraph and the reference to 85 in this paragraph are | 5 | | increased as provided in subsection (b) of Section 16-132.
| 6 | | (b) For purposes of this Section, final average salary | 7 | | shall be the
average salary for the highest 4 consecutive years | 8 | | within the last 10 years
of creditable service as determined | 9 | | under rules of the board. The minimum
final average salary | 10 | | shall be considered to be $2,400 per year.
| 11 | | In the determination of final average salary for members | 12 | | other than
elected officials and their appointees when such | 13 | | appointees are allowed by
statute, that part of a member's | 14 | | salary for any year beginning after June
30, 1979 which exceeds | 15 | | the member's annual full-time salary rate with the
same | 16 | | employer for the preceding year by more than 20% shall be | 17 | | excluded.
The exclusion shall not apply in any year in which | 18 | | the member's creditable
earnings are less than 50% of the | 19 | | preceding year's mean salary for downstate
teachers as | 20 | | determined by the survey of school district salaries provided | 21 | | in
Section 2-3.103 of the School Code.
| 22 | | (c) In determining the amount of the retirement annuity | 23 | | under paragraph
(B) of this Section, a fractional year shall be | 24 | | granted proportional credit.
| 25 | | (d) The retirement annuity determined under paragraph (B) | 26 | | of this Section
shall be available only to members who render |
| | | HB1166 Engrossed | - 54 - | LRB098 08855 EFG 38985 b |
|
| 1 | | teaching service after July
1, 1947 for which member | 2 | | contributions are required, and to annuitants who
re-enter | 3 | | under the provisions of Section 16-150.
| 4 | | (e) The maximum retirement annuity provided under | 5 | | paragraph (B) of this
Section shall be 75% of final average | 6 | | salary.
| 7 | | (f) A member retiring after the effective date of this | 8 | | amendatory Act
of 1998 shall receive a pension equal to 75% of | 9 | | final average salary if the
member is qualified to receive a | 10 | | retirement annuity equal to at least 74.6%
of final average | 11 | | salary under this Article or as proportional annuities under
| 12 | | Article 20 of this Code.
| 13 | | (Source: P.A. 94-4, eff. 6-1-05.)
| 14 | | Section 90. The State Mandates Act is amended by adding | 15 | | Section 8.37 as follows: | 16 | | (30 ILCS 805/8.37 new) | 17 | | Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8 | 18 | | of this Act, no reimbursement by the State is required for the | 19 | | implementation of any mandate created by this amendatory Act of | 20 | | the 98th General Assembly.
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
|
|