Full Text of SB1946 96th General Assembly
SB1946enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Labor Relations Act is | 5 |
| amended by changing Section 15 as follows:
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| (5 ILCS 315/15) (from Ch. 48, par. 1615)
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| Sec. 15. Act Takes Precedence. | 8 |
| (a) In case of any conflict between the
provisions of this | 9 |
| Act and any other law (other than Section 5 of the State | 10 |
| Employees Group Insurance Act of 1971 and other than the | 11 |
| changes made to the Illinois Pension Code by this amendatory | 12 |
| Act of the 96th General Assembly ), executive order or | 13 |
| administrative
regulation relating to wages, hours and | 14 |
| conditions of employment and employment
relations, the | 15 |
| provisions of this Act or any collective bargaining agreement
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| negotiated thereunder shall prevail and control.
Nothing in | 17 |
| this Act shall be construed to replace or diminish the
rights | 18 |
| of employees established by Sections 28 and 28a of the | 19 |
| Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 | 20 |
| of the Regional Transportation
Authority Act. The provisions of | 21 |
| this Act are subject to Section 5 of the State Employees Group | 22 |
| Insurance Act of 1971. Nothing in this Act shall be construed | 23 |
| to replace the necessity of complaints against a sworn peace |
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| officer, as defined in Section 2(a) of the Uniform Peace | 2 |
| Officer Disciplinary Act, from having a complaint supported by | 3 |
| a sworn affidavit.
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| (b) Except as provided in subsection (a) above, any | 5 |
| collective bargaining
contract between a public employer and a | 6 |
| labor organization executed pursuant
to this Act shall | 7 |
| supersede any contrary statutes, charters, ordinances, rules
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| or regulations relating to wages, hours and conditions of | 9 |
| employment and
employment relations adopted by the public | 10 |
| employer or its agents. Any collective
bargaining agreement | 11 |
| entered into prior to the effective date of this Act
shall | 12 |
| remain in full force during its duration.
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| (c) It is the public policy of this State, pursuant to | 14 |
| paragraphs (h)
and (i) of Section 6 of Article VII of the | 15 |
| Illinois Constitution, that the
provisions of this Act are the | 16 |
| exclusive exercise by the State of powers
and functions which | 17 |
| might otherwise be exercised by home rule units. Such
powers | 18 |
| and functions may not be exercised concurrently, either | 19 |
| directly
or indirectly, by any unit of local government, | 20 |
| including any home rule
unit, except as otherwise authorized by | 21 |
| this Act.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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| Section 10. The Illinois Pension Code is amended by adding | 24 |
| Section 1-160 and by amending Sections 2-108.1, 2-119, | 25 |
| 2-119.01, 2-119.1, 2-121.1, 2-122, 17-129, 18-124, 18-125, |
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| 18-125.1, 18-127, and 18-128.01 as follows: | 2 |
| (40 ILCS 5/1-160 new) | 3 |
| Sec. 1-160. Provisions applicable to new hires. | 4 |
| (a) The provisions of this Section apply to a person who | 5 |
| first becomes an employee and a participant under any | 6 |
| retirement system or pension fund under this Code, other than a | 7 |
| retirement system or pension fund established under Article 2, | 8 |
| 3, 4, 5, 6, or 18 of this Code, on or after the effective date | 9 |
| of this amendatory Act of the 96th General Assembly | 10 |
| notwithstanding any other provision of this Code to the | 11 |
| contrary, but do not apply to any self-managed plan established | 12 |
| under this Code, to any person with respect to service as a | 13 |
| sheriff's law enforcement employee under Article 7, or to any | 14 |
| participant of the retirement plan established under Section | 15 |
| 22-101. | 16 |
| (b) "Final average salary" means the average monthly salary | 17 |
| obtained by dividing the total salary of the participant during | 18 |
| the 96 consecutive months of service within the last 120 months | 19 |
| of service in which the total salary was the highest by the | 20 |
| number of months of service in that period; however, the annual | 21 |
| final average salary may not exceed $106,800, as automatically | 22 |
| increased
by the lesser of 3% or one-half of the annual | 23 |
| increase in the consumer price index-u
during the preceding | 24 |
| 12-month calendar year. For the purposes of a person who first | 25 |
| becomes an employee of any retirement system or pension fund to |
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| which this Section applies on or after the effective date of | 2 |
| this amendatory Act of the 96th General Assembly, in this Code, | 3 |
| "final average salary" shall be substituted for the following: | 4 |
| (1) In Articles 7 (except for service as sheriff's law | 5 |
| enforcement employees) and 15, "final rate of earnings". | 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 him | 14 |
| at the date of retirement or discharge". | 15 |
| For the purposes of this Section, "consumer price index-u" | 16 |
| means
the index published by the Bureau of Labor Statistics of | 17 |
| the United States
Department of Labor that measures the average | 18 |
| change in prices of goods and
services purchased by all urban | 19 |
| consumers, United States city average, all
items, 1982-84 = | 20 |
| 100. The new amount resulting from each annual adjustment
shall | 21 |
| be determined by the Public Pension Division of the Department | 22 |
| of Insurance and made available to the boards of the retirement | 23 |
| systems and pension funds. | 24 |
| (c) A participant is entitled to a retirement
annuity | 25 |
| beginning on the date specified by the participant in
a written | 26 |
| application only if, on that specified date, he or she has |
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| attained age 67 and has at least 10 years of service credit. | 2 |
| A participant who has attained age 62 and has at least 10 | 3 |
| years of service credit may elect to receive the lower | 4 |
| retirement annuity provided
in subsection (d) of this Section. | 5 |
| (d) The retirement annuity of a participant who is retiring | 6 |
| after attaining age 62 with at least 10 years of service credit | 7 |
| shall be reduced by one-half
of 1% for each month that the | 8 |
| member's age is under age 67. | 9 |
| (e) Any retirement annuity or supplemental annuity shall be | 10 |
| subject to annual increases upon (1) attainment of age 67 or | 11 |
| (2) the first anniversary of the commencement of the annuity,
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| whichever occurs later. Each annual increase shall be | 13 |
| calculated at 3% or one-half the annual increase in the | 14 |
| consumer price index-u for the preceding calendar year, | 15 |
| whichever is less, of the originally granted retirement | 16 |
| annuity. If the increase in the consumer price index-u for the | 17 |
| preceding calendar year is zero or there is a decrease, then | 18 |
| the annuity shall not be increased. | 19 |
| (f) The initial survivor's annuity of an otherwise eligible | 20 |
| survivor of a participant who first becomes a participant on or | 21 |
| after the effective date of this amendatory Act of the 96th | 22 |
| General Assembly shall be in the amount of 66 2/3% of the | 23 |
| participant's earned retirement annuity at the date of death | 24 |
| and shall be increased (1) on each January 1 occurring on or | 25 |
| after the commencement of the annuity if
the deceased member | 26 |
| died while receiving a retirement annuity or (2) in
other |
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| cases, on each January 1 occurring after the first anniversary
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| of the commencement of the annuity. Each annual increase shall | 3 |
| be calculated at 3% or one-half the annual increase in the | 4 |
| consumer price index-u for the preceding calendar year, | 5 |
| whichever is less, of the originally granted survivor's | 6 |
| annuity. If the increase in the consumer price index-u for the | 7 |
| preceding calendar year is zero or there is a decrease, then | 8 |
| the annuity shall not be increased. | 9 |
| (g) The benefits in Section 14-110 apply only if the person | 10 |
| is a State policeman, a fire fighter in the fire protection | 11 |
| service of a department, or a security employee of the | 12 |
| Department of Corrections or the Department of Juvenile | 13 |
| Justice, as those terms are defined in subsection (b) of | 14 |
| Section 14-110. A person who meets the requirements of this | 15 |
| Section is entitled to an annuity calculated under the | 16 |
| provisions of Section 14-110, in lieu of the regular or minimum | 17 |
| retirement annuity, only if the person has withdrawn from | 18 |
| service with not less than 20
years of eligible creditable | 19 |
| service and has attained age 60, regardless of whether
the | 20 |
| attainment of age 60 occurs while the person is
still in | 21 |
| service. | 22 |
| (h) If a person who first becomes a member of a retirement | 23 |
| system or pension fund subject to this Section on or after the | 24 |
| effective date of this amendatory Act of the 96th General | 25 |
| Assembly is receiving a retirement annuity or retirement | 26 |
| pension under that system or fund and accepts employment in a |
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| position covered under the same Article or any other Article of | 2 |
| this Code on a full-time basis, then the person's retirement | 3 |
| annuity or retirement pension under that system or fund shall | 4 |
| be suspended during that employment. Upon termination of that | 5 |
| employment, the person's retirement annuity or retirement | 6 |
| pension payments shall resume and, if appropriate, be | 7 |
| recalculated under the applicable provisions of this Code. | 8 |
| (i) Notwithstanding any other provision of this Section, a | 9 |
| person who first becomes a participant of the retirement system | 10 |
| established under Article 15 on or after the effective date of | 11 |
| this amendatory Act of the 96th General Assembly shall have the | 12 |
| option to enroll in the self-managed plan created under Section | 13 |
| 15-158.2 of this Code. | 14 |
| (j) In the case of a conflict between the provisions of | 15 |
| this Section and any other provision of this Code, the | 16 |
| provisions of this Section shall control.
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| (40 ILCS 5/2-108.1) (from Ch. 108 1/2, par. 2-108.1)
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| Sec. 2-108.1. Highest salary for annuity purposes.
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| (a) "Highest salary for annuity purposes" means whichever | 20 |
| of
the following is applicable to the participant:
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| For a participant who first becomes a participant of this | 22 |
| System before August 10, 2009 ( the effective date of Public Act | 23 |
| 96-207) this amendatory Act of the 96th General Assembly :
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| (1) For a participant who is a member of the General | 25 |
| Assembly on his
or her last day of service: the highest |
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| salary that is prescribed by law,
on the participant's last | 2 |
| day of service, for a member of the General
Assembly who is | 3 |
| not an officer; plus, if the participant was elected or
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| appointed to serve as an officer of the General Assembly | 5 |
| for 2 or more
years and has made contributions as required | 6 |
| under subsection (d) of
Section 2-126, the highest | 7 |
| additional amount of compensation prescribed by
law, at the | 8 |
| time of the participant's service as an officer, for | 9 |
| members of
the General Assembly who serve in that office.
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| (2) For a participant who holds one of the State | 11 |
| executive offices
specified in Section 2-105 on his or her | 12 |
| last day of service: the highest
salary prescribed by law | 13 |
| for service in that office on the participant's
last day of | 14 |
| service.
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| (3) For a participant who is Clerk or Assistant Clerk | 16 |
| of the House of Representatives or Secretary or Assistant | 17 |
| Secretary of the Senate
on his or her last day of service: | 18 |
| the salary received for service in that
capacity on the | 19 |
| last day of service, but not to exceed the highest salary
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| (including additional compensation for service as an | 21 |
| officer) that is
prescribed by law on the participant's | 22 |
| last day of service for the highest
paid officer of the | 23 |
| General Assembly.
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| (4) For a participant who is a continuing participant | 25 |
| under Section
2-117.1 on his or her last day of service: | 26 |
| the salary received for service
in that capacity on the |
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| last day of service, but not to exceed the highest
salary | 2 |
| (including additional compensation for service as an | 3 |
| officer) that
is prescribed by law on the participant's | 4 |
| last day of service for the
highest paid officer of the | 5 |
| General Assembly.
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| For a participant who first becomes a participant of this | 7 |
| System on or after August 10, 2009 ( the effective date of | 8 |
| Public Act 96-207) and before the effective date of this | 9 |
| amendatory Act of the 96th General Assembly this amendatory Act | 10 |
| of the 96th General Assembly , the average monthly salary | 11 |
| obtained by dividing the total salary of the participant during | 12 |
| the period of: (1) the 48 consecutive months of service within | 13 |
| the last 120 months of service in which the total compensation | 14 |
| was the highest, or (2) the total period of service, if less | 15 |
| than 48 months, by the number of months of service in that | 16 |
| period. | 17 |
| For a participant who first becomes a participant of this | 18 |
| System on or after the effective date of this amendatory Act of | 19 |
| the 96th General Assembly, the average monthly salary obtained | 20 |
| by dividing the total salary of the participant during the 96 | 21 |
| consecutive months of service within the last 120 months of | 22 |
| service in which the total compensation was the highest by the | 23 |
| number of months of service in that period; however, the | 24 |
| highest salary for annuity purposes may not exceed the Social | 25 |
| Security Covered Wage Base for 2010, and shall automatically be | 26 |
| increased or decreased, as applicable,
by a percentage equal to |
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| the percentage change in the consumer price index-u
during the | 2 |
| preceding 12-month calendar year. "Consumer price index-u" | 3 |
| means
the index published by the Bureau of Labor Statistics of | 4 |
| the United States
Department of Labor that measures the average | 5 |
| change in prices of goods and
services purchased by all urban | 6 |
| consumers, United States city average, all
items, 1982-84 = | 7 |
| 100. The new amount resulting from each annual adjustment
shall | 8 |
| be determined by the Public Pension Division of the Department | 9 |
| of Insurance and made available to the Board. | 10 |
| (b) The earnings limitations of subsection (a) apply to | 11 |
| earnings
under any other participating system under the | 12 |
| Retirement Systems Reciprocal
Act that are considered in | 13 |
| calculating a proportional annuity under this
Article, except | 14 |
| in the case of a person who first became a member of this
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| System before August 22,
1994.
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| (c) In calculating the subsection (a) earnings limitation | 17 |
| to be applied to
earnings under any other participating system | 18 |
| under the Retirement Systems
Reciprocal Act for the purpose of | 19 |
| calculating a proportional annuity under this
Article, the | 20 |
| participant's last day of service shall be deemed to mean the | 21 |
| last
day of service in any participating system from which the | 22 |
| person has applied
for a proportional annuity under the | 23 |
| Retirement Systems Reciprocal Act.
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| (Source: P.A. 96-207, eff. 8-10-09.)
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| (40 ILCS 5/2-119) (from Ch. 108 1/2, par. 2-119)
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| Sec. 2-119. Retirement annuity - conditions for | 2 |
| eligibility. | 3 |
| (a)
A participant whose service as a
member is terminated, | 4 |
| regardless of age or cause, is entitled to a retirement
annuity | 5 |
| beginning on the date specified by the participant in
a written | 6 |
| application subject to the following conditions:
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| 1. The date the annuity begins does not precede
the | 8 |
| date of final
termination of service, or is not more than | 9 |
| 30 days before the receipt
of the application
by the board | 10 |
| in the case of annuities based on disability or one year | 11 |
| before
the receipt of the application in the case of | 12 |
| annuities
based on attained age;
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| 2. The participant meets one of the following | 14 |
| eligibility requirements: | 15 |
| For a participant who first becomes a participant of | 16 |
| this System before the effective date of this amendatory | 17 |
| Act of the 96th General Assembly:
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| (A) He or she has attained age 55 and has at least | 19 |
| 8 years of service credit;
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| (B) He or she has attained age 62 and terminated | 21 |
| service after July 1,
1971 with at least 4 years of | 22 |
| service credit; or
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| (C) He or she has completed 8 years of service and | 24 |
| has become
permanently disabled and as a consequence, | 25 |
| is unable to perform the duties
of his or her office.
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| For a participant who first becomes a participant of |
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| this System on or after the effective date of this | 2 |
| amendatory Act of the 96th General Assembly, he or she has | 3 |
| attained age 67 and has at least 8 years of service credit. | 4 |
| (a-5) A participant who first becomes a participant of this | 5 |
| System on or after the effective date of this amendatory Act of | 6 |
| the 96th General Assembly who has attained age 62 and has at | 7 |
| least 8 years of service credit may elect to receive the lower | 8 |
| retirement annuity provided
in paragraph (c) of Section | 9 |
| 2-119.01 of this Code. | 10 |
| (b) A participant shall be considered permanently disabled | 11 |
| only if:
(1) disability occurs while in service and is
of such | 12 |
| a nature
as to prevent him or her from reasonably performing | 13 |
| the duties of his
or her office at
the time; and (2) the board | 14 |
| has received a written certificate by at
least 2 licensed | 15 |
| physicians appointed by the board stating that the member is
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| disabled and that the disability is likely to be permanent.
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| (Source: P.A. 83-1440.)
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| (40 ILCS 5/2-119.01) (from Ch. 108 1/2, par. 2-119.01)
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| Sec. 2-119.01. Retirement annuities - Amount.
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| (a) For a participant
in service after June 30, 1977 who | 21 |
| has not made contributions to this System
after January 1, | 22 |
| 1982, the annual retirement annuity is 3% for each of the
first | 23 |
| 8 years of service, plus 4% for each of the next 4 years of | 24 |
| service,
plus 5% for each year of service in excess of 12 | 25 |
| years, based on the
participant's highest salary for annuity |
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| purposes. The maximum
retirement annuity payable
shall be 80% | 2 |
| of the participant's highest salary for
annuity purposes.
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| (b) For a participant in service after June 30, 1977 who | 4 |
| has made
contributions to this System on or after January 1, | 5 |
| 1982, the annual
retirement annuity is 3% for each of the first | 6 |
| 4 years of service, plus 3
1/2% for each of the next 2 years of | 7 |
| service, plus 4% for each of the next
2 years of service, plus | 8 |
| 4 1/2% for each of the next 4 years of service,
plus 5% for each | 9 |
| year of service in excess of 12 years, of the
participant's | 10 |
| highest salary for annuity purposes. The maximum retirement
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| annuity payable shall be 85% of the participant's highest
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| salary for annuity purposes.
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| (c) Notwithstanding any other provision of this Article, | 14 |
| for a participant who first becomes a participant on or after | 15 |
| the effective date of this amendatory Act of the 96th General | 16 |
| Assembly, the annual
retirement annuity is 3% of the
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| participant's highest salary for annuity purposes for each year | 18 |
| of service. The maximum retirement
annuity payable shall be 60% | 19 |
| of the participant's highest
salary for annuity purposes. | 20 |
| (d) Notwithstanding any other provision of this Article, | 21 |
| for a participant who first becomes a participant on or after | 22 |
| the effective date of this amendatory Act of the 96th General | 23 |
| Assembly and who is retiring after attaining age 62 with at | 24 |
| least 8 years of service credit, the retirement annuity shall | 25 |
| be reduced by one-half
of 1% for each month that the member's | 26 |
| age is under age 67. |
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| (Source: P.A. 86-1488.)
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| (40 ILCS 5/2-119.1) (from Ch. 108 1/2, par. 2-119.1)
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| Sec. 2-119.1. Automatic increase in retirement annuity.
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| (a) A participant who retires after June 30, 1967, and who | 5 |
| has not
received an initial increase under this Section before | 6 |
| the effective date
of this amendatory Act of 1991, shall, in | 7 |
| January or July next following
the first anniversary of | 8 |
| retirement, whichever occurs first, and in the same
month of | 9 |
| each year thereafter, but in no event prior to age 60, have the | 10 |
| amount
of the originally granted retirement annuity increased | 11 |
| as follows: for each
year through 1971, 1 1/2%; for each year | 12 |
| from 1972 through 1979, 2%; and for
1980 and each year | 13 |
| thereafter, 3%. Annuitants who have received an initial
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| increase under this subsection prior to the effective date of | 15 |
| this amendatory
Act of 1991 shall continue to receive their | 16 |
| annual increases in the same month
as the initial increase.
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| (b) Beginning January 1, 1990, for eligible participants | 18 |
| who remain
in service after attaining 20 years of creditable | 19 |
| service, the 3% increases
provided under subsection (a) shall | 20 |
| begin to accrue on the January 1 next
following the date upon | 21 |
| which the participant (1) attains age 55, or (2)
attains 20 | 22 |
| years of creditable service, whichever occurs later, and shall
| 23 |
| continue to accrue while the participant remains in service; | 24 |
| such increases
shall become payable on January 1 or July 1, | 25 |
| whichever occurs first, next
following the first anniversary of |
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| retirement. For any person who has service
credit in the System | 2 |
| for the entire period from January 15, 1969 through
December | 3 |
| 31, 1992, regardless of the date of termination of service, the
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| reference to age 55 in clause (1) of this subsection (b) shall | 5 |
| be deemed to
mean age 50.
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| This subsection (b) does not apply to any person who first | 7 |
| becomes a
member of the System after the effective date of this | 8 |
| amendatory Act of
the 93rd General Assembly.
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| (b-5) Notwithstanding any other provision of this Article, | 10 |
| a participant who first becomes a participant on or after the | 11 |
| effective date of this amendatory Act of the 96th General | 12 |
| Assembly shall, in January or July next following the first | 13 |
| anniversary of retirement, whichever occurs first, and in the | 14 |
| same month of each year thereafter, but in no event prior to | 15 |
| age 67, have the amount of the retirement annuity then being | 16 |
| paid increased by 3% or the annual change in the Consumer Price | 17 |
| Index for All Urban Consumers, whichever is less. | 18 |
| (c) The foregoing provisions relating to automatic | 19 |
| increases are not
applicable to a participant who retires | 20 |
| before having made contributions
(at the rate prescribed in | 21 |
| Section 2-126) for automatic increases for less
than the | 22 |
| equivalent of one full year. However, in order to be eligible | 23 |
| for
the automatic increases, such a participant may make | 24 |
| arrangements to pay
to the system the amount required to bring | 25 |
| the total contributions for the
automatic increase to the | 26 |
| equivalent of one year's contributions based upon
his or her |
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| last salary.
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| (d) A participant who terminated service prior to July 1, | 3 |
| 1967, with at
least 14 years of service is entitled to an | 4 |
| increase in retirement annuity
beginning January, 1976, and to | 5 |
| additional increases in January of each
year thereafter.
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| The initial increase shall be 1 1/2% of the originally | 7 |
| granted retirement
annuity multiplied by the number of full | 8 |
| years that the annuitant was in
receipt of such annuity prior | 9 |
| to January 1, 1972, plus 2% of the originally
granted | 10 |
| retirement annuity for each year after that date. The | 11 |
| subsequent
annual increases shall be at the rate of 2% of the | 12 |
| originally granted
retirement annuity for each year through | 13 |
| 1979 and at the rate of 3% for
1980 and thereafter.
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| (e) Beginning January 1, 1990, all automatic annual | 15 |
| increases payable
under this Section shall be calculated as a | 16 |
| percentage of the total annuity
payable at the time of the | 17 |
| increase, including previous increases granted
under this | 18 |
| Article.
| 19 |
| (Source: P.A. 93-494, eff. 8-8-03.)
| 20 |
| (40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1)
| 21 |
| Sec. 2-121.1. Survivor's annuity - amount.
| 22 |
| (a) A surviving spouse shall be entitled to 66 2/3% of the | 23 |
| amount of
retirement annuity to which the participant or | 24 |
| annuitant was entitled on
the date of death, without regard to | 25 |
| whether the participant had attained
age 55 prior to his or her |
|
|
|
SB1946 Enrolled |
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LRB096 08984 AMC 19123 b |
|
| 1 |
| death, subject to a minimum payment of 10% of
salary. If a | 2 |
| surviving spouse, regardless of age, has in his or her care
at | 3 |
| the date of death any eligible child or children of the | 4 |
| participant, the
survivor's annuity shall be the greater of the | 5 |
| following: (1) 66 2/3% of
the amount of retirement annuity to | 6 |
| which the participant or annuitant was
entitled on the date of | 7 |
| death, or (2) 30% of the participant's salary
increased by 10% | 8 |
| of salary on account of each such child, subject to a
total | 9 |
| payment for the surviving spouse and children of 50% of salary. | 10 |
| If
eligible children survive but there is no surviving spouse, | 11 |
| or if the
surviving spouse dies or becomes disqualified by
| 12 |
| remarriage while eligible children survive, each
eligible | 13 |
| child shall be entitled to an annuity of 20% of salary, subject
| 14 |
| to a maximum total payment for all such children of 50% of | 15 |
| salary.
| 16 |
| However, the survivor's annuity payable under this Section | 17 |
| shall not be
less than 100% of the amount of retirement annuity | 18 |
| to which the participant
or annuitant was entitled on the date | 19 |
| of death, if he or she is survived by
a dependent disabled | 20 |
| child.
| 21 |
| The salary to be used for determining these benefits shall | 22 |
| be the
salary used for determining the amount of retirement | 23 |
| annuity as provided
in Section 2-119.01.
| 24 |
| (b) Upon the death of a participant after the termination | 25 |
| of service or
upon death of an annuitant, the maximum total | 26 |
| payment to a surviving spouse
and eligible children, or to |
|
|
|
SB1946 Enrolled |
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LRB096 08984 AMC 19123 b |
|
| 1 |
| eligible children alone if there is no surviving
spouse, shall | 2 |
| be 75% of the retirement annuity to which the participant
or | 3 |
| annuitant was entitled, unless there is a dependent disabled | 4 |
| child
among the survivors.
| 5 |
| (c) When a child ceases to be an eligible child, the | 6 |
| annuity to that
child, or to the surviving spouse on account of | 7 |
| that child, shall thereupon
cease, and the annuity payable to | 8 |
| the surviving spouse or other eligible
children shall be | 9 |
| recalculated if necessary.
| 10 |
| Upon the ineligibility of the last eligible child, the | 11 |
| annuity shall
immediately revert to the amount payable upon | 12 |
| death of a participant or
annuitant who leaves no eligible | 13 |
| children. If the surviving spouse is then
under age 50, the | 14 |
| annuity as revised shall be deferred until the attainment
of | 15 |
| age 50.
| 16 |
| (d) Beginning January 1, 1990, every survivor's annuity | 17 |
| shall be increased
(1) on each January 1 occurring on or after | 18 |
| the commencement of the annuity if
the deceased member died | 19 |
| while receiving a retirement annuity, or (2) in
other cases, on | 20 |
| each January 1 occurring on or after the first anniversary
of | 21 |
| the commencement of the annuity, by an amount equal to 3% of | 22 |
| the current
amount of the annuity, including any previous | 23 |
| increases under this Article.
Such increases shall apply | 24 |
| without regard to whether the deceased member
was in service on | 25 |
| or after the effective date of this amendatory Act of
1991, but | 26 |
| shall not accrue for any period prior to January 1, 1990.
|
|
|
|
SB1946 Enrolled |
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LRB096 08984 AMC 19123 b |
|
| 1 |
| (d-5) Notwithstanding any other provision of this Article, | 2 |
| the initial survivor's annuity of a survivor of a participant | 3 |
| who first becomes a participant on or after the effective date | 4 |
| of this amendatory Act of the 96th General Assembly shall be in | 5 |
| the amount of 66 2/3% of the amount of the retirement annuity | 6 |
| to which the participant or annuitant was entitled on the date | 7 |
| of death and shall be increased (1) on each January 1 occurring | 8 |
| on or after the commencement of the annuity if
the deceased | 9 |
| member died while receiving a retirement annuity or (2) in
| 10 |
| other cases, on each January 1 occurring on or after the first | 11 |
| anniversary
of the commencement of the annuity, by an amount | 12 |
| equal to 3% or the annual change in the Consumer Price Index | 13 |
| for All Urban Consumers, whichever is less, of the survivor's | 14 |
| annuity then being paid. | 15 |
| (e) Notwithstanding any other provision of this Article, | 16 |
| beginning
January 1, 1990, the minimum survivor's annuity | 17 |
| payable to any person who
is entitled to receive a survivor's | 18 |
| annuity under this Article shall be
$300 per month, without | 19 |
| regard to whether or not the deceased participant
was in | 20 |
| service on the effective date of this amendatory Act of 1989.
| 21 |
| (f) In the case of a proportional survivor's annuity | 22 |
| arising under
the Retirement Systems Reciprocal Act where the | 23 |
| amount payable by the
System on January 1, 1993 is less than | 24 |
| $300 per month, the amount payable
by the System shall be | 25 |
| increased beginning on that date by a monthly amount
equal to | 26 |
| $2 for each full year that has expired since the annuity began.
|
|
|
|
SB1946 Enrolled |
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LRB096 08984 AMC 19123 b |
|
| 1 |
| (Source: P.A. 91-887, eff. 7-6-00.)
| 2 |
| (40 ILCS 5/2-122) (from Ch. 108 1/2, par. 2-122)
| 3 |
| Sec. 2-122. Re-entry after retirement. An annuitant who | 4 |
| re-enters service as a member shall become a
participant on the | 5 |
| date of re-entry and retirement annuity
payments shall cease at | 6 |
| that time. The participant shall resume contributions
to the | 7 |
| system on the date of re-entry at the rates then in effect and | 8 |
| shall
begin to accrue additional service credit. He or she | 9 |
| shall be entitled
to all rights
and privileges in the system, | 10 |
| including death and disability benefits,
subject to the | 11 |
| limitations herein provided, except refund of retirement
| 12 |
| annuity contributions.
| 13 |
| Upon subsequent retirement, the participant shall be | 14 |
| entitled
to a retirement
annuity consisting of: (1) the amount | 15 |
| of retirement annuity previously
granted and terminated by | 16 |
| re-entry into service; and (2) the
amount of additional | 17 |
| retirement annuity earned during the
additional service based | 18 |
| on the provisions in effect at the date of such subsequent
| 19 |
| retirement. However, the total retirement annuity shall not
| 20 |
| exceed the maximum retirement annuity applicable
at the date of | 21 |
| the participant's last
retirement. If the salary
of the | 22 |
| participant following the latest re-entry
into service is | 23 |
| higher than
that in effect at the date of the previous | 24 |
| retirement and the
participant
restores to the system all | 25 |
| amounts previously received as
retirement annuity payments, |
|
|
|
SB1946 Enrolled |
- 21 - |
LRB096 08984 AMC 19123 b |
|
| 1 |
| upon subsequent
retirement, the retirement annuity shall be | 2 |
| recalculated
for all service credited under the system as | 3 |
| though the participant
had not previously retired.
| 4 |
| The repayment of retirement annuity payments
must be made | 5 |
| by
the participant in a single sum or by a withholding from
| 6 |
| salary
within a period of 6 years from date of re-entry and in | 7 |
| any event before
subsequent retirement. If previous annuity | 8 |
| payments have not been repaid
to the system at the date of | 9 |
| death of the participant,
any remaining
balance must be fully | 10 |
| repaid to the system before any further annuity
shall be | 11 |
| payable.
| 12 |
| Such member, if unmarried at date of his last retirement, | 13 |
| shall also
be entitled to a refund of widow's and widower's | 14 |
| annuity contributions,
without interest, covering the period | 15 |
| from the date of re-entry into
service to the date of last | 16 |
| retirement.
| 17 |
| Notwithstanding any other provision of this Article, if a | 18 |
| person who first becomes a participant under this System on or | 19 |
| after the effective date of this amendatory Act of the 96th | 20 |
| General Assembly is receiving a retirement annuity under this | 21 |
| Article and accepts employment in a position covered under this | 22 |
| Article or any other Article of this Code on a full-time basis, | 23 |
| then the person's retirement annuity under this System shall be | 24 |
| suspended during that employment. Upon termination of that | 25 |
| employment, the person's retirement annuity shall resume and, | 26 |
| if appropriate, be recalculated under the applicable |
|
|
|
SB1946 Enrolled |
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LRB096 08984 AMC 19123 b |
|
| 1 |
| provisions of this Article. | 2 |
| (Source: P.A. 83-1440.)
| 3 |
| (40 ILCS 5/17-129) (from Ch. 108 1/2, par. 17-129) | 4 |
| Sec. 17-129. Employer contributions; deficiency in Fund. | 5 |
| (a) If in any fiscal year of the Board of Education ending | 6 |
| prior to 1997 the
total amounts paid to the Fund from the Board | 7 |
| of Education (other than under
this subsection, and other than | 8 |
| amounts used for making or "picking up"
contributions on behalf | 9 |
| of teachers) and from the State do not equal the total
| 10 |
| contributions made by or on behalf of the teachers for such | 11 |
| year, or if the
total income of the Fund in any such fiscal | 12 |
| year of the Board of Education from
all sources is less than | 13 |
| the total such expenditures by the Fund for such year,
the | 14 |
| Board of Education shall, in the next succeeding year, in | 15 |
| addition to any
other payment to the Fund set apart and | 16 |
| appropriate from moneys from its tax
levy for educational | 17 |
| purposes, a sum sufficient to remove such deficiency or
| 18 |
| deficiencies, and promptly pay such sum into the Fund in order | 19 |
| to restore any
of the reserves of the Fund that may have been | 20 |
| so temporarily applied. Any
amounts received by the Fund after | 21 |
| December 4, 1997 from State appropriations, including under | 22 |
| Section
17-127, shall be a credit against and shall fully | 23 |
| satisfy any obligation that
may have arisen, or be claimed to | 24 |
| have arisen, under this subsection (a) as a
result of any | 25 |
| deficiency or deficiencies in the fiscal year of the Board of
|
|
|
|
SB1946 Enrolled |
- 23 - |
LRB096 08984 AMC 19123 b |
|
| 1 |
| Education ending in calendar year 1997. | 2 |
| (b) (i) Notwithstanding any other provision of this | 3 |
| Section, and notwithstanding any prior certification by the | 4 |
| Board under subsection (c) for fiscal year 2011, the Board of | 5 |
| Education's total required contribution to the Fund for fiscal | 6 |
| year 2011 under this Section is $187,000,000. | 7 |
| (ii) Notwithstanding any other provision of this Section, | 8 |
| the Board of Education's total required contribution to the | 9 |
| Fund for fiscal year 2012 under this Section is $192,000,000. | 10 |
| (iii) Notwithstanding any other provision of this Section, | 11 |
| the Board of Education's total required contribution to the | 12 |
| Fund for fiscal year 2013 under this Section is $196,000,000. | 13 |
| (iv) For fiscal years 2014 through 2059, the minimum | 14 |
| contribution to the Fund to be made by the Board of Education | 15 |
| in each fiscal year shall be an amount determined by the Fund | 16 |
| to be sufficient to bring the total assets of the Fund up to | 17 |
| 90% of the total actuarial liabilities of the Fund by the end | 18 |
| of fiscal year 2059. In making these determinations, the | 19 |
| required Board of Education contribution shall be calculated | 20 |
| each year as a level percentage of the applicable employee | 21 |
| payrolls over the years remaining to and including fiscal year | 22 |
| 2059 and shall be determined under the projected unit credit | 23 |
| actuarial cost method. | 24 |
| (v) Beginning in fiscal year 2060, the minimum Board of | 25 |
| Education contribution for each fiscal year shall be the amount | 26 |
| needed to maintain the total assets of the Fund at 90% of the |
|
|
|
SB1946 Enrolled |
- 24 - |
LRB096 08984 AMC 19123 b |
|
| 1 |
| total actuarial liabilities of the Fund. | 2 |
| (vi) Notwithstanding any other provision of this | 3 |
| subsection (b), for any fiscal year, the contribution to the | 4 |
| Fund from the Board of Education shall not be required to be in | 5 |
| excess of the amount calculated as needed to maintain the | 6 |
| assets (or cause the assets to be) at the 90% level by the end | 7 |
| of the fiscal year. | 8 |
| (vii) Any contribution by the State to or for the benefit | 9 |
| of the Fund, including, without limitation, as referred to | 10 |
| under Section 17-127, shall be a credit against any | 11 |
| contribution required to be made by the Board of Education | 12 |
| under this subsection (b). | 13 |
| (b) (i) For fiscal years 2011 through 2045, the minimum | 14 |
| contribution
to the Fund to be made by the Board of Education | 15 |
| in each fiscal year shall be
an amount determined by the Fund | 16 |
| to be sufficient to bring the total assets of
the Fund up to | 17 |
| 90% of the total actuarial liabilities of the Fund by the end | 18 |
| of
fiscal year 2045. In making these determinations, the | 19 |
| required Board of
Education contribution shall be calculated | 20 |
| each year as a level percentage of
the applicable employee | 21 |
| payrolls over the years remaining to and including
fiscal year | 22 |
| 2045 and shall
be determined under the projected unit credit | 23 |
| actuarial cost method. | 24 |
| (ii) For fiscal years 1999 through 2010, the Board of | 25 |
| Education's
contribution to the Fund, as a percentage of the | 26 |
| applicable employee payroll,
shall be increased in equal annual |
|
|
|
SB1946 Enrolled |
- 25 - |
LRB096 08984 AMC 19123 b |
|
| 1 |
| increments so that by fiscal year 2011, the
Board of Education | 2 |
| is contributing at the rate required under this subsection. | 3 |
| (iii) Beginning in fiscal year 2046, the minimum Board of | 4 |
| Education
contribution for each fiscal year shall be the amount | 5 |
| needed to maintain the
total assets of the Fund at 90% of the | 6 |
| total actuarial liabilities of the Fund. | 7 |
| (iv) Notwithstanding the provisions of paragraphs (i), | 8 |
| (ii), and (iii)
of this subsection (b), for any fiscal year the | 9 |
| contribution to the Fund from
the Board of Education shall not | 10 |
| be required to be in excess of the amount
calculated as needed | 11 |
| to maintain the assets (or cause the assets to be) at the
90% | 12 |
| level by the end of the fiscal year. | 13 |
| (v) Any contribution by the State to or for the benefit of | 14 |
| the Fund,
including, without limitation, as referred to under | 15 |
| Section 17-127, shall be a
credit against any contribution | 16 |
| required to be made by the Board of Education
under this | 17 |
| subsection (b). | 18 |
| (c) The Board shall determine the amount of Board of | 19 |
| Education
contributions required for each fiscal year on the | 20 |
| basis of the actuarial
tables and other assumptions adopted by | 21 |
| the Board and the recommendations of
the actuary, in order to | 22 |
| meet the minimum contribution requirements of
subsections (a) | 23 |
| and (b). Annually, on or before February 28, the Board shall
| 24 |
| certify to the Board of Education the amount of the required | 25 |
| Board of Education
contribution for the coming fiscal year. The | 26 |
| certification shall include a
copy of the actuarial |
|
|
|
SB1946 Enrolled |
- 26 - |
LRB096 08984 AMC 19123 b |
|
| 1 |
| recommendations upon which it is based. | 2 |
| (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 12-4-97; | 3 |
| 90-566, eff. 1-2-98;
90-655, eff. 7-30-98.)
| 4 |
| (40 ILCS 5/18-124) (from Ch. 108 1/2, par. 18-124)
| 5 |
| Sec. 18-124. Retirement annuities - conditions for | 6 |
| eligibility. | 7 |
| (a) This subsection (a) applies to a participant who first | 8 |
| serves as a judge before the effective date of this amendatory | 9 |
| Act of the 96th General Assembly. | 10 |
| A
participant whose employment as a judge is terminated, | 11 |
| regardless of age
or cause is entitled to a retirement annuity | 12 |
| beginning on
the date specified in a written application | 13 |
| subject to the
following:
| 14 |
| (1) the date the annuity begins is subsequent
to the | 15 |
| date of final
termination of employment, or the date 30 | 16 |
| days prior to the receipt of
the application by the board | 17 |
| for annuities based on
disability, or one year before the | 18 |
| receipt of the application by the
board for annuities based | 19 |
| on attained age;
| 20 |
| (2) the participant is at least age 55, or has
become | 21 |
| permanently disabled and as
a consequence is unable to | 22 |
| perform the duties of his or her office;
| 23 |
| (3) the participant has at least 10 years of service
| 24 |
| credit except that a participant terminating service after | 25 |
| June
30 1975, with at least 6 years of service credit, |
|
|
|
SB1946 Enrolled |
- 27 - |
LRB096 08984 AMC 19123 b |
|
| 1 |
| shall be entitled to
a retirement annuity at age 62 or | 2 |
| over;
| 3 |
| (4) the participant is not receiving or entitled
to | 4 |
| receive, at the date of
retirement, any salary from an | 5 |
| employer for service currently performed.
| 6 |
| (b) This subsection (b) applies to a participant who first | 7 |
| serves as a judge on or after the effective date of this | 8 |
| amendatory Act of the 96th General Assembly. | 9 |
| A participant who has at least 8 years of creditable | 10 |
| service is
entitled to a retirement annuity when he or she has | 11 |
| attained age 67. | 12 |
| A member who has attained age 62 and has at least 8 years | 13 |
| of service credit may elect to receive the lower retirement | 14 |
| annuity provided
in subsection (d) of Section 18-125 of this | 15 |
| Code. | 16 |
| (Source: P.A. 83-1440.)
| 17 |
| (40 ILCS 5/18-125) (from Ch. 108 1/2, par. 18-125)
| 18 |
| Sec. 18-125. Retirement annuity amount.
| 19 |
| (a) The annual retirement annuity for a participant who | 20 |
| terminated
service as a judge prior to July 1, 1971 shall be | 21 |
| based on the law in
effect at the time of termination of | 22 |
| service.
| 23 |
| (b) Except as provided in subsection (b-5), effective | 24 |
| Effective July 1, 1971, the retirement annuity for any | 25 |
| participant
in service on or after such date shall be 3 1/2% of |
|
|
|
SB1946 Enrolled |
- 28 - |
LRB096 08984 AMC 19123 b |
|
| 1 |
| final average salary,
as defined in this Section, for each of | 2 |
| the first 10 years of service, and
5% of such final average | 3 |
| salary for each year of service on excess of 10.
| 4 |
| For purposes of this Section, final average salary for a | 5 |
| participant who first serves as a judge before August 10, 2009 | 6 |
| ( the effective date of Public Act 96-207) this amendatory Act | 7 |
| of the 96th General Assembly shall be:
| 8 |
| (1) the average salary for the last 4 years of credited | 9 |
| service as a
judge for a participant who terminates service | 10 |
| before July 1, 1975.
| 11 |
| (2) for a participant who terminates service after June | 12 |
| 30, 1975
and before July 1, 1982, the salary on the last | 13 |
| day of employment as a judge.
| 14 |
| (3) for any participant who terminates service after | 15 |
| June 30, 1982 and
before January 1, 1990, the average | 16 |
| salary for the final year of service as
a judge.
| 17 |
| (4) for a participant who terminates service on or | 18 |
| after January 1,
1990 but before the effective date of this | 19 |
| amendatory Act of 1995, the
salary on the last day of | 20 |
| employment as a judge.
| 21 |
| (5) for a participant who terminates service on or | 22 |
| after the effective
date of this amendatory Act of 1995, | 23 |
| the salary on the last day of employment
as a judge, or the | 24 |
| highest salary received by the participant for employment | 25 |
| as
a judge in a position held by the participant for at | 26 |
| least 4 consecutive years,
whichever is greater.
|
|
|
|
SB1946 Enrolled |
- 29 - |
LRB096 08984 AMC 19123 b |
|
| 1 |
| However, in the case of a participant who elects to | 2 |
| discontinue contributions
as provided in subdivision (a)(2) of | 3 |
| Section 18-133, the time of such
election shall be considered | 4 |
| the last day of employment in the determination
of final | 5 |
| average salary under this subsection.
| 6 |
| For a participant who first serves as a judge on or after | 7 |
| August 10, 2009 ( the effective date of Public Act 96-207) and | 8 |
| before the effective date of this amendatory Act of the 96th | 9 |
| General Assembly this amendatory Act of the 96th General | 10 |
| Assembly , final average salary shall be the average monthly | 11 |
| salary obtained by dividing the total salary of the participant | 12 |
| during the period of: (1) the 48 consecutive months of service | 13 |
| within the last 120 months of service in which the total | 14 |
| compensation was the highest, or (2) the total period of | 15 |
| service, if less than 48 months, by the number of months of | 16 |
| service in that period. | 17 |
| The maximum retirement annuity for any participant shall be | 18 |
| 85% of final
average salary.
| 19 |
| (b-5) Notwithstanding any other provision of this Article, | 20 |
| for a participant who first serves as a judge on or after the | 21 |
| effective date of this amendatory Act of the 96th General | 22 |
| Assembly, the annual
retirement annuity is 3% of the
| 23 |
| participant's final average salary for each year of service. | 24 |
| The maximum retirement
annuity payable shall be 60% of the | 25 |
| participant's final average salary. | 26 |
| For a participant who first serves as a judge on or after |
|
|
|
SB1946 Enrolled |
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LRB096 08984 AMC 19123 b |
|
| 1 |
| the effective date of this amendatory Act of the 96th General | 2 |
| Assembly, final average salary shall be the average monthly | 3 |
| salary obtained by dividing the total salary of the judge | 4 |
| during the 96 consecutive months of service within the last 120 | 5 |
| months of service in which the total salary was the highest by | 6 |
| the number of months of service in that period; however, the | 7 |
| final average salary may not exceed the Social Security Covered | 8 |
| Wage Base for 2010, and shall automatically be increased or | 9 |
| decreased, as applicable,
by a percentage equal to the | 10 |
| percentage change in the consumer price index-u
during the | 11 |
| preceding 12-month calendar year. "Consumer price index-u" | 12 |
| means
the index published by the Bureau of Labor Statistics of | 13 |
| the United States
Department of Labor that measures the average | 14 |
| change in prices of goods and
services purchased by all urban | 15 |
| consumers, United States city average, all
items, 1982-84 = | 16 |
| 100. The new amount resulting from each annual adjustment
shall | 17 |
| be determined by the Public Pension Division of the Department | 18 |
| of Insurance and made available to the Board. | 19 |
| (c) The retirement annuity for a participant who retires | 20 |
| prior to age 60
with less than 28 years of service in the | 21 |
| System shall be reduced 1/2 of 1%
for each month that the | 22 |
| participant's age is under 60 years at the time the
annuity | 23 |
| commences. However, for a participant who retires on or after | 24 |
| the
effective date of this amendatory Act of the 91st General | 25 |
| Assembly, the
percentage reduction in retirement annuity | 26 |
| imposed under this subsection shall
be reduced by 5/12 of 1% |
|
|
|
SB1946 Enrolled |
- 31 - |
LRB096 08984 AMC 19123 b |
|
| 1 |
| for every month of service in this System in excess of
20 | 2 |
| years, and therefore a participant with at least 26 years of | 3 |
| service in this
System may retire at age 55 without any | 4 |
| reduction in annuity.
| 5 |
| The reduction in retirement annuity imposed by this | 6 |
| subsection shall not
apply in the case of retirement on account | 7 |
| of disability.
| 8 |
| (d) Notwithstanding any other provision of this Article, | 9 |
| for a participant who first serves as a judge on or after the | 10 |
| effective date of this amendatory Act of the 96th General | 11 |
| Assembly and who is retiring after attaining age 62, the | 12 |
| retirement annuity shall be reduced by 1/2
of 1% for each month | 13 |
| that the participant's age is under age 67 at the time the | 14 |
| annuity commences. | 15 |
| (Source: P.A. 96-207, eff. 8-10-09; revised 10-30-09.)
| 16 |
| (40 ILCS 5/18-125.1) (from Ch. 108 1/2, par. 18-125.1)
| 17 |
| Sec. 18-125.1. Automatic increase in retirement annuity. A | 18 |
| participant who
retires from service after June 30, 1969, | 19 |
| shall, in January of the year next
following the year in which | 20 |
| the first anniversary of retirement occurs, and in
January of | 21 |
| each year thereafter, have the amount of his or her originally
| 22 |
| granted retirement annuity increased as follows: for each year | 23 |
| up to and
including 1971, 1 1/2%; for each year from 1972 | 24 |
| through 1979 inclusive, 2%; and
for 1980 and each year | 25 |
| thereafter, 3%.
|
|
|
|
SB1946 Enrolled |
- 32 - |
LRB096 08984 AMC 19123 b |
|
| 1 |
| Notwithstanding any other provision of this Article, a | 2 |
| retirement annuity for a participant who first serves as a | 3 |
| judge on or after the effective date of this amendatory Act of | 4 |
| the 96th General Assembly shall be increased in January of the | 5 |
| year next
following the year in which the first anniversary of | 6 |
| retirement occurs, and in
January of each year thereafter, by | 7 |
| an amount equal to 3% or the annual change in the Consumer | 8 |
| Price Index for All Urban Consumers, whichever is less, of the | 9 |
| retirement annuity then being paid. | 10 |
| This Section is not applicable to a participant who retires | 11 |
| before he
or she has made contributions at the rate prescribed | 12 |
| in Section 18-133 for
automatic increases for not less than the | 13 |
| equivalent of one full year, unless
such a participant arranges | 14 |
| to pay the system the amount required to bring
the total | 15 |
| contributions for the automatic increase to the equivalent of
| 16 |
| one year's contribution based upon his or her last year's | 17 |
| salary.
| 18 |
| This Section is applicable to all participants in service | 19 |
| after June 30,
1969 unless a participant has elected, prior to | 20 |
| September 1,
1969, in a written direction filed with the board | 21 |
| not to be subject to
the provisions of this Section. Any | 22 |
| participant in service on or after
July 1, 1992 shall have the | 23 |
| option of electing prior to April 1, 1993,
in a written | 24 |
| direction filed with the board, to be covered by the provisions | 25 |
| of
the 1969 amendatory Act. Such participant shall be required | 26 |
| to make the
aforesaid additional contributions with compound |
|
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| interest at 4% per annum.
| 2 |
| Any participant who has become eligible to receive the | 3 |
| maximum rate of
annuity and who resumes service as a judge | 4 |
| after receiving a retirement
annuity under this Article shall | 5 |
| have the amount of his or her
retirement annuity increased by | 6 |
| 3% of the originally granted annuity amount
for each year of | 7 |
| such resumed service, beginning in January of the year
next | 8 |
| following the date of such resumed service, upon subsequent
| 9 |
| termination of such resumed service.
| 10 |
| Beginning January 1, 1990, all automatic annual increases | 11 |
| payable
under this Section shall be calculated as a percentage | 12 |
| of the total annuity
payable at the time of the increase, | 13 |
| including previous increases granted
under this Article.
| 14 |
| (Source: P.A. 86-273; 87-1265.)
| 15 |
| (40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)
| 16 |
| Sec. 18-127. Retirement annuity - suspension on | 17 |
| reemployment.
| 18 |
| (a) A participant receiving a retirement annuity who is | 19 |
| regularly
employed for compensation by an employer other than a | 20 |
| county, in any
capacity, shall have his or her retirement | 21 |
| annuity payments suspended
during such employment. Upon | 22 |
| termination of such employment, retirement
annuity payments at | 23 |
| the previous rate shall be resumed.
| 24 |
| If such a participant resumes service as a judge, he or she
| 25 |
| shall receive credit for any additional service. Upon |
|
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| subsequent
retirement, his or her retirement annuity shall be | 2 |
| the amount previously
granted, plus the amount earned by the | 3 |
| additional judicial service under
the provisions in effect | 4 |
| during the period of such additional service.
However, if the | 5 |
| participant was receiving the maximum rate of annuity at
the | 6 |
| time of re-employment, he or she may elect, in a written | 7 |
| direction
filed with the board, not to receive any additional | 8 |
| service credit during
the period of re-employment. In such | 9 |
| case, contributions shall not be
required during the period of | 10 |
| re-employment. Any such election shall be
irrevocable.
| 11 |
| (b) Beginning January 1, 1991, any participant receiving a | 12 |
| retirement
annuity who accepts temporary employment from an | 13 |
| employer other than a
county for a period not exceeding 75 | 14 |
| working days in any calendar year
shall not be deemed to be | 15 |
| regularly employed for compensation or to have
resumed service | 16 |
| as a judge for the purposes of this Article. A day shall
be | 17 |
| considered a working day if the annuitant performs on it any of | 18 |
| his
duties under the temporary employment agreement.
| 19 |
| (c) Except as provided in subsection (a), beginning January | 20 |
| 1, 1993,
retirement annuities shall not be subject to | 21 |
| suspension upon resumption of
employment for an employer, and | 22 |
| any retirement annuity that is then so
suspended shall be | 23 |
| reinstated on that date.
| 24 |
| (d) The changes made in this Section by this amendatory Act | 25 |
| of 1993
shall apply to judges no longer in service on its | 26 |
| effective date, as well as to
judges serving on or after that |
|
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| date.
| 2 |
| (e) A participant receiving a retirement
annuity under this | 3 |
| Article who serves as a part-time employee in any of the | 4 |
| following positions: Legislative Inspector General, Special | 5 |
| Legislative Inspector General, employee of the Office of the | 6 |
| Legislative Inspector General, Executive Director of the | 7 |
| Legislative Ethics Commission, or staff of the Legislative | 8 |
| Ethics Commission, but has not elected to participate in the | 9 |
| Article 14 System with respect to that service, shall not be | 10 |
| deemed to be regularly employed for compensation by an employer | 11 |
| other than a county, nor to have
resumed service as a judge, on | 12 |
| the basis of that service, and the retirement annuity payments | 13 |
| and other benefits of that person under this Code shall not be | 14 |
| suspended, diminished, or otherwise impaired solely as a | 15 |
| consequence of that service. This subsection (e) applies | 16 |
| without regard to whether the person is in service as a judge | 17 |
| under this Article on or after the effective date of this | 18 |
| amendatory Act of the 93rd General Assembly. In this | 19 |
| subsection, a "part-time employee" is a person who is not | 20 |
| required to work at least 35 hours per week.
| 21 |
| (f) A participant receiving a retirement annuity under this | 22 |
| Article who has made an election under Section 1-123 and who is | 23 |
| serving either as legal counsel in the Office of the Governor | 24 |
| or as Chief Deputy Attorney General shall not be deemed to be | 25 |
| regularly employed for compensation by an employer other than a | 26 |
| county, nor to have resumed service as a judge, on the basis of |
|
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| that service, and the retirement annuity payments and other | 2 |
| benefits of that person under this Code shall not be suspended, | 3 |
| diminished, or otherwise impaired solely as a consequence of | 4 |
| that service. This subsection (f) applies without regard to | 5 |
| whether the person is in service as a judge under this Article | 6 |
| on or after the effective date of this amendatory Act of the | 7 |
| 93rd General Assembly.
| 8 |
| (g) Notwithstanding any other provision of this Article, if | 9 |
| a person who first becomes a participant under this System on | 10 |
| or after the effective date of this amendatory Act of the 96th | 11 |
| General Assembly is receiving a retirement annuity under this | 12 |
| Article and accepts employment in a position covered under this | 13 |
| Article or any other Article of this Code on a full-time basis, | 14 |
| then the person's retirement annuity under this System shall be | 15 |
| suspended during that employment. Upon termination of that | 16 |
| employment, the person's retirement annuity shall resume and, | 17 |
| if appropriate, be recalculated under the applicable | 18 |
| provisions of this Article. | 19 |
| (Source: P.A. 93-685, eff. 7-8-04; 93-1069, eff. 1-15-05.)
| 20 |
| (40 ILCS 5/18-128.01) (from Ch. 108 1/2, par. 18-128.01)
| 21 |
| Sec. 18-128.01. Amount of survivor's annuity.
| 22 |
| (a) Upon the death of
an annuitant, his or her surviving | 23 |
| spouse shall be entitled to a survivor's
annuity of 66 2/3% of | 24 |
| the annuity the annuitant was receiving immediately
prior to | 25 |
| his or her death, inclusive of annual increases in the |
|
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| retirement
annuity to the date of death.
| 2 |
| (b) Upon the death of an active participant, his or her | 3 |
| surviving spouse
shall receive a survivor's annuity of 66 2/3% | 4 |
| of the annuity earned by the
participant as of the date of his | 5 |
| or her death, determined without regard
to whether the | 6 |
| participant had attained age 60 as of that time, or 7 1/2%
of | 7 |
| the last salary of the decedent, whichever is greater.
| 8 |
| (c) Upon the death of a participant who had terminated | 9 |
| service with at
least 10 years of service, his or her surviving | 10 |
| spouse shall be entitled
to a survivor's annuity of 66 2/3% of | 11 |
| the annuity earned by the deceased
participant at the date of | 12 |
| death.
| 13 |
| (d) Upon the death of an annuitant, active participant, or | 14 |
| participant
who had terminated service with at least 10 years | 15 |
| of service, each surviving
child under the age of 18 or | 16 |
| disabled as defined in Section 18-128 shall
be entitled to a | 17 |
| child's annuity in an amount equal to 5% of the decedent's
| 18 |
| final salary, not to exceed in total for all such children the | 19 |
| greater of
20% of the decedent's last salary or 66 2/3% of the | 20 |
| annuity received or
earned by the decedent as provided under | 21 |
| subsections (a) and (b) of this
Section. This child's annuity | 22 |
| shall be paid whether or not a survivor's
annuity was elected | 23 |
| under Section 18-123.
| 24 |
| (e) The changes made in the survivor's annuity provisions | 25 |
| by Public Act
82-306 shall apply to the survivors of a deceased | 26 |
| participant or annuitant
whose death occurs on or after August |
|
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| 21, 1981.
| 2 |
| (f) Beginning January 1, 1990, every survivor's annuity | 3 |
| shall be
increased
(1) on each January 1 occurring on or after | 4 |
| the commencement of the annuity if
the deceased member died | 5 |
| while receiving a retirement annuity, or (2) in other cases,
on | 6 |
| each January 1 occurring on or after the first anniversary of
| 7 |
| the commencement of the annuity, by an amount equal to 3% of | 8 |
| the current
amount of the annuity, including any previous | 9 |
| increases under this Article.
Such increases shall apply | 10 |
| without regard to whether the deceased member
was in service on | 11 |
| or after the effective date of this amendatory Act of
1991, but | 12 |
| shall not accrue for any period prior to January 1, 1990.
| 13 |
| (g) Notwithstanding any other provision of this Article, | 14 |
| the initial survivor's annuity for a survivor of a participant | 15 |
| who first serves as a judge after the effective date of this | 16 |
| amendatory Act of the 96th General Assembly shall be in the | 17 |
| amount of 66 2/3% of the annuity received or earned by the | 18 |
| decedent, and shall be increased (1) on each January 1 | 19 |
| occurring on or after the commencement of the annuity if
the | 20 |
| deceased participant died while receiving a retirement | 21 |
| annuity, or (2) in other cases,
on each January 1 occurring on | 22 |
| or after the first anniversary of
the commencement of the | 23 |
| annuity, by an amount equal to 3% or the annual change in the | 24 |
| Consumer Price Index for All Urban Consumers, whichever is | 25 |
| less, of the survivor's annuity then being paid. | 26 |
| (Source: P.A. 86-273; 86-1488.)
|
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| Section 90. The State Mandates Act is amended by adding | 2 |
| Section 8.34 as follows: | 3 |
| (30 ILCS 805/8.34 new) | 4 |
| Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | 5 |
| of this Act, no reimbursement by the State is required for the | 6 |
| implementation of any mandate created by this amendatory Act of | 7 |
| the 96th General Assembly. | 8 |
| Section 97. Severability. The provisions of this Act are | 9 |
| severable under Section 1.31 of the Statute on Statutes. | 10 |
| Section 99. Effective date. This Section and the changes to | 11 |
| Section 17-129 of the Illinois Pension Code take effect upon | 12 |
| becoming law. |
|