Illinois General Assembly - Illinois Compiled Statutes

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40 ILCS 5/16-133.4

(40 ILCS 5/16-133.4) (from Ch. 108 1/2, par. 16-133.4)

Sec. 16-133.4. Early retirement incentives for teachers.

(a) To be eligible for the benefits provided in this Section, a member must:

(1) be a member of this System who, on or after May

1, 1993, is (i) in active payroll status as a full-time teacher employed by an employer under this Article, or (ii) on layoff status from such a position with a right of re-employment or recall to service, or (iii) on disability or a leave of absence from such a position, but only if the member has not been receiving benefits under Section 16-149 or 16-149.1 for a continuous period of 2 years or more as of the date of application;

(2) have never previously received a retirement

annuity under this Article, except that receipt of a disability retirement annuity does not disqualify a member if the annuity has been terminated and the member has returned to full-time employment under this Article before the effective date of this Section;

(3) file with the Board before March 1, 1993, an

application requesting the benefits provided in this Section;

(4) in the case of an employee of an employer that is

not a State agency, be eligible to receive a retirement annuity under this Article (for which purpose any age enhancement or creditable service received under this Section may be used), and elect to receive the retirement annuity beginning not earlier than June 1, 1993 and not later than September 1, 1993 (September 1, 1994 if retirement is delayed under subsection (e) of this Section);

(5) in the case of an employee of an employer that is

a State agency, be eligible to receive a retirement annuity under this Article (for which purpose any age enhancement or creditable service received under this Section may be used), and elect to receive the retirement annuity beginning not earlier than July 1, 1993 and not later than March 1, 1994 (March 1, 1995 if retirement is delayed under subsection (e) of this Section);

(6) have attained age 50 (without the use of any age

enhancement received under this Section) by the effective date of the retirement annuity;

(7) have at least 5 years of creditable service under

this System or any of the participating systems under the Retirement Systems Reciprocal Act (without the use of any creditable service received under this Section) by the effective date of the retirement annuity.

(b) An eligible person may establish up to 5 years of creditable service
under this Section.  In addition, for each period of creditable service
established under this Section, a person shall have his or her age at
retirement deemed enhanced by an equivalent period.

The creditable service established under this Section may be used for all
purposes under this Article and the Retirement Systems Reciprocal Act,
except for the computation of final average salary, the determination of
salary or compensation under this or any other Article of the Code, or the
determination of eligibility for and the computation of benefits under
Section 16-133.2 of this Article.

The age enhancement established under this Section may be used for all
purposes under this Article (including calculation of a proportionate
annuity payable by this System under the Retirement Systems Reciprocal
Act), except for purposes of a reversionary annuity under Section 16-136,
the retirement annuity under Section 16-133(a)(A), the required
distributions under Section 16-142.3, and the determination of eligibility
for and the computation of benefits under Section 16-133.2 of this Article.
However, age enhancement established under this Section shall not be used
in determining benefits payable under other Articles of this Code under the
Retirement Systems Reciprocal Act.

(c) For all creditable service established under this Section by an
employee of an employer that is not a State agency, the employer must pay
to the System an employer contribution consisting of 20% of the member's
highest annual salary rate used in the determination of the average salary
for retirement annuity purposes for each year of creditable service granted
under this Section.  No employer contribution is required under this
Section from any employer that is a State agency.

The employer contribution shall be paid to the System in one of the
following ways:  (i) in a single sum at the time of the member's
retirement, (ii) in equal quarterly installments over a period of 5 years
from the date of retirement, or (iii) subject to the approval of the Board
of the System, in unequal installments over a period of no more than 5
years from the date of retirement, as provided in a payment plan designed
by the System to accommodate the needs of the employer.  The employer's
failure to make the required contributions in a timely manner shall not
affect the payment of the retirement annuity.

For all creditable service established under this Section, the
employee must pay to the System an employee contribution consisting of
4% of the member's highest annual salary rate used in the determination of
the retirement annuity for each year of creditable service granted under
this Section. The employee may elect either to pay the employee contribution in
full before the retirement annuity commences, or to have it deducted from the
retirement annuity in 24 monthly installments.

(d) An annuitant who has received any age enhancement or creditable
service under this Section and who re-enters contributing service under
this Article shall thereby forfeit the age enhancement and creditable service,
and upon re-retirement the annuity shall be recomputed.  The forfeiture of
creditable service under this subsection shall not entitle the employer to a
refund of the employer contribution paid under this Section, nor to forgiveness
of any part of that contribution that remains unpaid. The forfeiture of
creditable service under this subsection shall not entitle the employee to a
refund of the employee contribution paid under this Section.

(e) If the number of employees of an employer that actually apply for
early retirement under this Section exceeds 30% of those eligible, the
employer may require that, for the number of applicants in excess of that
30%, the starting date of the retirement annuity enhanced under this
Section may not be earlier than June 1, 1994.  The right to have the
retirement annuity begin before that date shall be allocated among the
applicants on the basis of seniority in the service of that employer.

This delay applies only to persons who are applying for early
retirement incentives under this Section, and does not prevent a person
whose application for early retirement incentives has been withdrawn from
receiving a retirement annuity on the earliest date upon which
the person is otherwise eligible under this Article.

(f) For a member who is notified after February 15, 1993, but before
September 15, 1993, that he or she will be laid off in the 1993-1994 school
year: (1) the March 1 application deadline in subdivision (a)(3) of this
Section is extended to a date 15 days after the date of issuance of the
layoff notice, and (2) the member shall not be included in the calculation
of the 30% under subsection (e) and is not subject to delay in retirement
under that subsection.

(g) A member who receives any early retirement incentive under Section
16-133.5 may not receive any early retirement incentive under
this Section.

(Source: P.A. 98-463, eff. 8-16-13.)