State of Illinois
90th General Assembly
Legislation

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90_HB0384

      40 ILCS 5/17-119          from Ch. 108 1/2, par. 17-119
      30 ILCS 805/8.21 new
          Amends the Chicago Teacher Article of the Pension Code to
      provide  a  one-time  increase  in  retirement  pension   for
      teachers  with at least 20 years of service who retired on or
      before June 30, 1986.   Amends  the  State  Mandates  Act  to
      require   implementation  without  reimbursement.   Effective
      immediately.
                                                     LRB9001756EGfg
                                               LRB9001756EGfg
 1        AN ACT to amend the Illinois  Pension  Code  by  changing
 2    Section 17-119 and to amend the State Mandates Act.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The  Illinois  Pension  Code  is  amended  by
 6    changing Section 17-119 as follows:
 7        (40 ILCS 5/17-119) (from Ch. 108 1/2, par. 17-119)
 8        Sec. 17-119.  Automatic annual increase in pension.
 9        (a)  Each teacher retiring on or after September 1, 1959,
10    is  entitled  to  the  annual  increase  in  pension, defined
11    herein, while he is receiving a pension from the fund.
12        1.  The term "base pension" means a service retirement or
13    disability retirement pension in the amount fixed and payable
14    at the date of retirement of a teacher.
15        2.  The annual increase in pension shall be at  the  rate
16    of 1 1/2% of base pension. This increase shall first occur in
17    January  of  the year next following the first anniversary of
18    retirement. At such time the fund shall pay the pro rata part
19    of the increase for the period  from  the  first  anniversary
20    date  to the date of the first increase in pension. Beginning
21    January 1, 1972, the rate of annual increase in pension shall
22    be 2% of the base pension. Beginning  January  1,  1979,  the
23    rate  of  annual  increase in pension shall be 3% of the base
24    pension. Beginning January  1,  1990,  all  automatic  annual
25    increases payable under this Section shall be calculated as a
26    percentage  of  the  total pension payable at the time of the
27    increase, including all increases  previously  granted  under
28    this Article, notwithstanding Section 17-157.
29        3.  An  increase  in pension shall be granted only if the
30    retired teacher is age 60 or over. If the teacher attains age
31    60 after retirement, the increase in pension shall  begin  in
                            -2-                LRB9001756EGfg
 1    January of the year following the 61st birthday. At such time
 2    the  fund  also  shall  pay the pro rata part of the increase
 3    from the 61st birthday to  the  date  of  first  increase  in
 4    pension.
 5        (b)  In addition to other increases which may be provided
 6    by  this  Section,  on  January  1,  1981 any teacher who was
 7    receiving a retirement pension on or before January  1,  1971
 8    shall  have  his retirement pension then being paid increased
 9    $1 per month for each year of creditable service.  On January
10    1, 1982, any teacher whose retirement  pension  began  on  or
11    before  January  1,  1977,  shall have his retirement pension
12    then being paid increased $1  per  month  for  each  year  of
13    creditable service.
14        On  January 1, 1987, any teacher whose retirement pension
15    began on or before January 1, 1977, shall  have  the  monthly
16    retirement  pension  increased  by  an amount equal to 8¢ per
17    year of creditable service times the  number  of  years  that
18    have elapsed since the retirement pension began.
19        (c)  On  September  1, 1997, any teacher with at least 20
20    years of service whose retirement pension began on or  before
21    June  30,  1986  shall  have  the  monthly retirement pension
22    increased by a percentage calculated by multiplying  0.15  by
23    the sum of (i) the number of years of creditable service plus
24    (ii)  the  number  of  years  that  have  elapsed  since  the
25    retirement pension began.
26    (Source: P.A. 86-273.)
27        Section  90.  The State Mandates Act is amended by adding
28    Section 8.21 as follows:
29        (30 ILCS 805/8.21 new)
30        Sec. 8.21. Exempt mandate.   Notwithstanding  Sections  6
31    and  8 of this Act, no reimbursement by the State is required
32    for  the  implementation  of  any  mandate  created  by  this
                            -3-                LRB9001756EGfg
 1    amendatory Act of 1997.
 2        Section 99. Effective date.  This Act takes  effect  upon
 3    becoming law.

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