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90_HB2337
40 ILCS 5/14-114 from Ch. 108 1/2, par. 14-114
40 ILCS 5/14-119 from Ch. 108 1/2, par. 14-119
40 ILCS 5/14-121 from Ch. 108 1/2, par. 14-121
40 ILCS 5/15-136 from Ch. 108 1/2, par. 15-136
40 ILCS 5/15-136.3
40 ILCS 5/15-145 from Ch. 108 1/2, par. 15-145
40 ILCS 5/16-133.1 from Ch. 108 1/2, par. 16-133.1
40 ILCS 5/16-143.1 from Ch. 108 1/2, par. 16-143.1
40 ILCS 5/17-119 from Ch. 108 1/2, par. 17-119
40 ILCS 5/17-122 from Ch. 108 1/2, par. 17-122
30 ILCS 805/8.21 new
Amends the State Employee, State Universities, Downstate
Teacher, and Chicago Teacher Articles of the Pension Code to
provide for a one-time increase in certain retirement and
survivor's annuities. Amends the State Mandates Act to
require implementation without reimbursement. Effective
immediately.
LRB9006807EGfg
LRB9006807EGfg
1 AN ACT in relation to public employee pensions, amending
2 named Acts.
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 Sections 14-114, 14-119, 14-121, 15-136, 15-136.3,
7 15-145, 16-133.1, 16-143.1, 17-119, and 17-122 as follows:
8 (40 ILCS 5/14-114) (from Ch. 108 1/2, par. 14-114)
9 Sec. 14-114. Automatic increase in retirement annuity.
10 (a) Any person receiving a retirement annuity under this
11 Article who retires having attained age 60, or who retires
12 before age 60 having at least 35 years of creditable service,
13 shall on January 1, next following the first full year of
14 retirement, have the amount of the then fixed and payable
15 monthly retirement annuity increased 3%. Any person
16 receiving a retirement annuity under this Article who retires
17 before attainment of age 60 and with less than 35 years of
18 creditable service shall have the amount of the fixed and
19 payable retirement annuity increased by 3% on the January 1
20 occurring on or next following (1) attainment of age 60, or
21 (2) the first anniversary of retirement, whichever occurs
22 later. However, for persons who receive the alternative
23 retirement annuity under Section 14-110, references in this
24 subsection (a) to attainment of age 60 shall be deemed to
25 refer to attainment of age 55. For a person receiving early
26 retirement incentives under Section 14-108.3 whose retirement
27 annuity began after January 1, 1992 pursuant to an extension
28 granted under subsection (e) of that Section, the first
29 anniversary of retirement shall be deemed to be January 1,
30 1993.
31 On each January 1 following the date of the initial
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1 increase under this subsection, the employee's monthly
2 retirement annuity shall be increased by an additional 3%.
3 Beginning January 1, 1990, all automatic annual increases
4 payable under this Section shall be calculated as a
5 percentage of the total annuity payable at the time of the
6 increase, including previous increases granted under this
7 Article.
8 (b) The provisions of subsection (a) of this Section
9 shall be applicable to an employee only if the employee makes
10 the additional contributions required after December 31, 1969
11 for the purpose of the automatic increases for not less than
12 the equivalent of one full year. If an employee becomes an
13 annuitant before his additional contributions equal one full
14 year's contributions based on his salary at the date of
15 retirement, the employee may pay the necessary balance of the
16 contributions to the system, without interest, and be
17 eligible for the increasing annuity authorized by this
18 Section.
19 (c) The provisions of subsection (a) of this Section
20 shall not be applicable to any annuitant who is on retirement
21 on December 31, 1969, and thereafter returns to State
22 service, unless the member has established at least one year
23 of additional creditable service following reentry into
24 service.
25 (d) In addition to other increases which may be provided
26 by this Section, on January 1, 1981 any annuitant who was
27 receiving a retirement annuity on or before January 1, 1971
28 shall have his retirement annuity then being paid increased
29 $1 per month for each year of creditable service. On January
30 1, 1982, any annuitant who began receiving a retirement
31 annuity on or before January 1, 1977, shall have his
32 retirement annuity then being paid increased $1 per month for
33 each year of creditable service.
34 On January 1, 1987, any annuitant who began receiving a
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1 retirement annuity on or before January 1, 1977, shall have
2 the monthly retirement annuity increased by an amount equal
3 to 8¢ per year of creditable service times the number of
4 years that have elapsed since the annuity began.
5 (d-1) On January 1, 1998, every annuitant who began
6 receiving a retirement annuity on or before January 1, 1991
7 shall have the monthly retirement annuity increased by an
8 amount equal to 25¢ multiplied by the number of full years of
9 creditable service multiplied by the number of full years
10 that have elapsed since the annuity began. Every annuitant
11 who begins receiving a retirement annuity after January 1,
12 1991 and before January 1, 1998 shall have the monthly
13 retirement annuity increased on the January 1 occurring on or
14 next following the seventh anniversary of retirement, by an
15 amount equal to $1.75 multiplied by the number of full years
16 of creditable service upon which the retirement annuity is
17 based. The increase under this subsection shall be included
18 in the calculation of increases granted simultaneously or
19 thereafter under subsection (a).
20 (e) Every person who receives the alternative retirement
21 annuity under Section 14-110 and who is eligible to receive
22 the 3% increase under subsection (a) on January 1, 1986,
23 shall also receive on that date a one-time increase in
24 retirement annuity equal to the difference between (1) his
25 actual retirement annuity on that date, including any
26 increases received under subsection (a), and (2) the amount
27 of retirement annuity he would have received on that date if
28 the amendments to subsection (a) made by Public Act 84-162
29 had been in effect since the date of his retirement.
30 (Source: P.A. 86-273; 87-1265.)
31 (40 ILCS 5/14-119) (from Ch. 108 1/2, par. 14-119)
32 Sec. 14-119. Amount of widow's annuity.
33 (a) The widow's annuity shall be 50% of the amount of
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1 retirement annuity payable to the member on the date of death
2 while on retirement if an annuitant, or on the date of his
3 death while in service if an employee, regardless of his age
4 on such date, or on the date of withdrawal if death occurred
5 after termination of service under the conditions prescribed
6 in the preceding Section.
7 (b) If an eligible widow, regardless of age, has in her
8 care any unmarried child or children of the member under age
9 18 (under age 22 if a full-time student), the widow's annuity
10 shall be increased in the amount of 5% of the retirement
11 annuity for each such child, but the combined payments for a
12 widow and children shall not exceed 66 2/3% of the member's
13 earned retirement annuity.
14 The amount of retirement annuity from which the widow's
15 annuity is derived shall be that earned by the member without
16 regard to whether he attained age 60 prior to his withdrawal
17 under the conditions stated or prior to his death.
18 (c) Adopted children shall be considered as children of
19 the member only if the proceedings for adoption were
20 commenced at least 1 year prior to the member's death.
21 Marriage of a child shall render the child ineligible for
22 further consideration in the increase in the amount of the
23 widow's annuity.
24 Attainment of age 18 (age 22 if a full-time student)
25 shall render a child ineligible for further consideration in
26 the increase of the widow's annuity, but the annuity to the
27 widow shall be continued thereafter, without regard to her
28 age at that time.
29 (d) A widow's annuity payable on account of any covered
30 employee who shall have been a covered employee for at least
31 18 months shall be reduced by 1/2 of the amount of survivors
32 benefits to which his beneficiaries are eligible under the
33 provisions of the Federal Social Security Act, except that
34 (1) the amount of any widow's annuity payable under this
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1 Article shall not be reduced by reason of any increase under
2 that Act which occurs after the offset required by this
3 subsection is first applied to that annuity, and (2) for
4 benefits granted on or after January 1, 1992, the offset
5 under this subsection (d) shall not exceed 50% of the amount
6 of widow's annuity otherwise payable.
7 (e) Upon the death of a recipient of a widow's annuity
8 the excess, if any, of the member's accumulated
9 contributions plus credited interest over all annuity
10 payments to the member and widow, exclusive of the $500 lump
11 sum payment, shall be paid to the named beneficiary of the
12 widow, or if none has been named, to the estate of the widow,
13 provided no reversionary annuity is payable.
14 (f) On January 1, 1981, any recipient of a widow's
15 annuity who was receiving a widow's annuity on or before
16 January 1, 1971, shall have her widow's annuity then being
17 paid increased by 1% for each full year which has elapsed
18 from the date the widow's annuity began. On January 1, 1982,
19 any recipient of a widow's annuity who began receiving a
20 widow's annuity after January 1, 1971, but before January 1,
21 1981, shall have her widow's annuity then being paid
22 increased by 1% for each full year which has elapsed from the
23 date the widow's annuity began. On January 1, 1987, any
24 recipient of a widow's annuity who began receiving the
25 widow's annuity on or before January 1, 1977, shall have the
26 monthly widow's annuity increased by $1 for each full year
27 which has elapsed since the date the annuity began.
28 (f-1) On January 1, 1998, every widow who began
29 receiving a widow's annuity on or before January 1, 1991
30 shall have the monthly widow's annuity increased by an amount
31 equal to 25¢ multiplied by the number of full years of the
32 deceased spouse's creditable service multiplied by the sum of
33 (i) the number of full years that have elapsed since the
34 widow's annuity began and (ii) the number of full years, if
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1 any, during which the deceased spouse received a retirement
2 annuity under this Article. Every widow who begins receiving
3 a widow's annuity after January 1, 1991 and before January 1,
4 1998 shall have the monthly widow's annuity increased on the
5 January 1 occurring on or next following the seventh
6 anniversary of the commencement of the widow's annuity, by an
7 amount equal to 25¢ multiplied by the number of full years of
8 the deceased spouse's creditable service multiplied by the
9 sum of (i) the number of full years that have elapsed since
10 the widow's annuity began and (ii) the number of full years,
11 if any, during which the deceased spouse received a
12 retirement annuity under this Article. The increase under
13 this subsection shall be included in the calculation of
14 increases granted simultaneously or thereafter under
15 subsection (g).
16 (g) Beginning January 1, 1990, every widow's annuity
17 shall be increased (1) on each January 1 occurring on or
18 after the commencement of the annuity if the deceased member
19 died while receiving a retirement annuity, or (2) in other
20 cases, on each January 1 occurring on or after the first
21 anniversary of the commencement of the annuity, by an amount
22 equal to 3% of the current amount of the annuity, including
23 any previous increases under this Article. Such increases
24 shall apply without regard to whether the deceased member was
25 in service on or after the effective date of Public Act
26 86-1488, but shall not accrue for any period prior to January
27 1, 1990.
28 (Source: P.A. 90-448, eff. 8-16-97.)
29 (40 ILCS 5/14-121) (from Ch. 108 1/2, par. 14-121)
30 Sec. 14-121. Amount of survivors annuity. A survivors
31 annuity beneficiary shall be entitled upon death of the
32 member to a single sum payment of $1,000, payable pro rata
33 among all persons entitled thereto, together with a survivors
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1 annuity payable at the rates and under the conditions
2 specified in this Article.
3 (a) If the survivors annuity beneficiary is a spouse,
4 the survivors annuity shall be 30% of final average
5 compensation subject to a maximum payment of $400 per month.
6 (b) If an eligible child or children under the care of a
7 spouse also survives the member, such spouse as natural
8 guardian of the child or children shall receive, in addition
9 to the foregoing annuity, 20% of final average compensation
10 on account of each such child and 10% of final average
11 compensation divided pro rata among such children, subject to
12 a maximum payment on account of all survivor annuity
13 beneficiaries of $600 per month, or 80% of the member's final
14 average compensation, whichever is the lesser.
15 (c) If the survivors annuity beneficiary or
16 beneficiaries consists of an unmarried child or children, the
17 amount of survivors annuity shall be 20% of final average
18 compensation to each child, and 10% of final average
19 compensation divided pro rata among all such children
20 entitled to such annuity, subject to a maximum payment to all
21 children combined of $600 per month or 80% of the member's
22 final average compensation, whichever is the lesser.
23 (d) If the survivors annuity beneficiary is one or more
24 dependent parents, the annuity shall be 20% of final average
25 compensation to each parent and 10% of final average
26 compensation divided pro rata among the parents who qualify
27 for this annuity, subject to a maximum payment to both
28 dependent parents of $400 per month.
29 (e) The survivors annuity to the spouse, children or
30 dependent parents of a member whose death occurs after the
31 date of last withdrawal, or after retirement, or while in
32 service following reentry into service after retirement but
33 before completing 1 1/2 years of additional creditable
34 service, shall not exceed the lesser of 80% of the member's
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1 earned retirement annuity at the date of death or the maximum
2 previously established in this Section.
3 (f) In applying the limitation prescribed on the
4 combined payments to 2 or more survivors annuity
5 beneficiaries, the annuity on account of each beneficiary
6 shall be reduced pro rata until such time as the number of
7 beneficiaries makes the reduction no longer applicable.
8 (g) A survivors annuity payable on account of any
9 covered employee who shall have been a covered employee for
10 at least 18 months at date of death or last withdrawal,
11 whichever is the later, shall be reduced by 1/2 of the
12 survivors benefits to which his beneficiaries are eligible
13 under the federal Social Security Act, except that (1) the
14 survivors annuity payable under this Article shall not be
15 reduced by any increase under that Act which occurs after the
16 offset required by this subsection is first applied to that
17 annuity, and (2) for benefits granted on or after January 1,
18 1992, the offset under this subsection (g) shall not exceed
19 50% of the amount of survivors annuity otherwise payable.
20 (h) The minimum payment to a beneficiary hereunder shall
21 be $60 per month, which shall be reduced in accordance with
22 the limitation prescribed on the combined payments to all
23 beneficiaries of a member.
24 (i) Subject to the conditions set forth in Section
25 14-120, the minimum total survivors annuity benefit payable
26 to the survivors annuity beneficiaries of a deceased member
27 or annuitant whose death occurs on or after January 1, 1984,
28 shall be 50% of the amount of retirement annuity that was or
29 would have been payable to the deceased on the date of death,
30 regardless of the age of the deceased on such date. If the
31 minimum total benefit provided by this subsection exceeds the
32 maximum otherwise imposed by this Section, the minimum total
33 benefit shall nevertheless be payable. Any increase in the
34 total survivors annuity benefit resulting from the operation
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1 of this subsection shall be divided among the survivors
2 annuity beneficiaries of the deceased in proportion to their
3 shares of the total survivors annuity benefit otherwise
4 payable under this Section.
5 (j) Any survivors annuity beneficiary whose annuity
6 terminates due to any condition specified in this Article
7 other than death shall be entitled to a refund of the excess,
8 if any, of the accumulated contributions of the member plus
9 credited interest over all payments to the member and
10 beneficiary or beneficiaries, exclusive of the single sum
11 payment of $1,000, provided no future survivors or
12 reversionary annuity benefits are payable.
13 (k) Upon the death of the last eligible recipient of a
14 survivors annuity the excess, if any, of the member's
15 accumulated contributions plus credited interest over all
16 annuity payments to the member and survivors exclusive of the
17 single sum payment of $1000, shall be paid to the named
18 beneficiary of the last eligible survivor, or if none has
19 been named, to the estate of the last eligible survivor,
20 provided no reversionary annuity is payable.
21 (l) On January 1, 1981, any survivor who was receiving a
22 survivors annuity on or before January 1, 1971, shall have
23 his survivors annuity then being paid increased by 1% for
24 each full year which has elapsed from the date the annuity
25 began. On January 1, 1982, any survivor who began receiving
26 a survivor's annuity after January 1, 1971, but before
27 January 1, 1981, shall have his survivor's annuity then being
28 paid increased by 1% for each full year that has elapsed from
29 the date the annuity began. On January 1, 1987, any survivor
30 who began receiving a survivor's annuity on or before January
31 1, 1977, shall have the monthly survivor's annuity increased
32 by $1 for each full year which has elapsed since the date the
33 survivor's annuity began.
34 (m) Beginning January 1, 1990, every survivor's annuity
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1 shall be increased (1) on each January 1 occurring on or
2 after the commencement of the annuity if the deceased member
3 died while receiving a retirement annuity, or (2) in other
4 cases, on each January 1 occurring on or after the first
5 anniversary of the commencement of the annuity, by an amount
6 equal to 3% of the current amount of the annuity, including
7 any previous increases under this Article. Such increases
8 shall apply without regard to whether the deceased member was
9 in service on or after the effective date of Public Act
10 86-1488, but shall not accrue for any period prior to January
11 1, 1990.
12 (n) On January 1, 1998, every survivor who began
13 receiving a survivor's annuity on or before January 1, 1991
14 shall have the monthly survivor's annuity increased by an
15 amount equal to 25¢ multiplied by the number of full years of
16 the deceased's creditable service multiplied by the sum of
17 (i) the number of full years that have elapsed since the
18 survivor's annuity began and (ii) the number of full years,
19 if any, during which the deceased received a retirement
20 annuity under this Article. Every survivor who begins
21 receiving a survivor's annuity after January 1, 1991 and
22 before January 1, 1998 shall have the monthly survivor's
23 annuity increased on the January 1 occurring on or next
24 following the seventh anniversary of the commencement of the
25 survivor's annuity, by an amount equal to 25¢ multiplied by
26 the number of full years of the deceased's creditable service
27 multiplied by the sum of (i) the number of full years that
28 have elapsed since the survivor's annuity began and (ii) the
29 number of full years, if any, during which the deceased
30 received a retirement annuity under this Article. The
31 increase under this subsection shall be included in the
32 calculation of increases granted simultaneously or thereafter
33 under subsection (m).
34 (Source: P.A. 86-273; 86-1488; 87-794.)
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1 (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
2 Sec. 15-136. Retirement annuities - Amount.
3 (a) The amount of the retirement annuity shall be
4 determined by whichever of the following rules is applicable
5 and provides the largest annuity:
6 Rule 1: The retirement annuity shall be 1.67% of final
7 rate of earnings for each of the first 10 years of service,
8 1.90% for each of the next 10 years of service, 2.10% for
9 each year of service in excess of 20 but not exceeding 30,
10 and 2.30% for each year in excess of 30; or for persons who
11 retire on or after January 1, 1998, 2.2% of the final rate of
12 earnings for each year of service. However, except that the
13 annuity for those persons having made an election under
14 Section 15-154(a-1) shall be calculated and payable under the
15 portable retirement benefit program pursuant to the
16 provisions of Section 15-136.4.
17 Rule 2: The retirement annuity shall be the sum of the
18 following, determined from amounts credited to the
19 participant in accordance with the actuarial tables and the
20 prescribed rate of interest in effect at the time the
21 retirement annuity begins:
22 (i) The normal annuity which can be provided on an
23 actuarially equivalent basis, by the accumulated normal
24 contributions as of the date the annuity begins; and
25 (ii) an annuity from employer contributions of an
26 amount which can be provided on an actuarially equivalent
27 basis from the accumulated normal contributions made by
28 the participant under Section 15-113.6 and Section
29 15-113.7 plus 1.4 times all other accumulated normal
30 contributions made by the participant, except that the
31 annuity for those persons having made an election under
32 Section 15-154(a-1) shall be calculated and payable under
33 the portable retirement benefit program pursuant to the
34 provisions of Section 15-136.4.
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1 Rule 3: The retirement annuity of a participant who is
2 employed at least one-half time during the period on which
3 his or her final rate of earnings is based, shall be equal to
4 the participant's years of service not to exceed 30,
5 multiplied by (1) $96 if the participant's final rate of
6 earnings is less than $3,500, (2) $108 if the final rate of
7 earnings is at least $3,500 but less than $4,500, (3) $120 if
8 the final rate of earnings is at least $4,500 but less than
9 $5,500, (4) $132 if the final rate of earnings is at least
10 $5,500 but less than $6,500, (5) $144 if the final rate of
11 earnings is at least $6,500 but less than $7,500, (6) $156 if
12 the final rate of earnings is at least $7,500 but less than
13 $8,500, (7) $168 if the final rate of earnings is at least
14 $8,500 but less than $9,500, and (8) $180 if the final rate
15 of earnings is $9,500 or more, except that the annuity for
16 those persons having made an election under Section
17 15-154(a-1) shall be calculated and payable under the
18 portable retirement benefit program pursuant to the
19 provisions of Section 15-136.4.
20 Rule 4: A participant who is at least age 50 and has 25
21 or more years of service as a police officer or firefighter,
22 and a participant who is age 55 or over and has at least 20
23 but less than 25 years of service as a police officer or
24 firefighter, shall be entitled to a retirement annuity of 2
25 1/4% of the final rate of earnings for each of the first 10
26 years of service as a police officer or firefighter, 2 1/2%
27 for each of the next 10 years of service as a police officer
28 or firefighter, and 2 3/4% for each year of service as a
29 police officer or firefighter in excess of 20, except that
30 the annuity for those persons having made an election under
31 Section 15-154(a-1) shall be calculated and payable under the
32 portable retirement benefit program pursuant to the
33 provisions of Section 15-136.4. The retirement annuity for
34 all other service shall be computed under Rule 1, payable
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1 under the portable retirement benefit program pursuant to the
2 provisions of Section 15-136.4, if applicable.
3 (b) The retirement annuity provided under Rules 1 and 3
4 above shall be reduced by 1/2 of 1% for each month the
5 participant is under age 60 at the time of retirement.
6 However, this reduction shall not apply in the following
7 cases:
8 (1) For a disabled participant whose disability
9 benefits have been discontinued because he or she has
10 exhausted eligibility for disability benefits under
11 clause (6) of Section 15-152;
12 (2) For a participant who has at least the number
13 of years of service required to retire at any age under
14 subsection (a) of Section 15-135; or
15 (3) For that portion of a retirement annuity which
16 has been provided on account of service of the
17 participant during periods when he or she performed the
18 duties of a police officer or firefighter, if these
19 duties were performed for at least 5 years immediately
20 preceding the date the retirement annuity is to begin.
21 (c) The maximum retirement annuity provided under Rules
22 1, 2, and 4 shall be the lesser of (1) the annual limit of
23 benefits as specified in Section 415 of the Internal Revenue
24 Code of 1986, as such Section may be amended from time to
25 time and as such benefit limits shall be adjusted by the
26 Commissioner of Internal Revenue, and (2) 80% of final rate
27 of earnings.
28 (d) An annuitant whose status as an employee terminates
29 after August 14, 1969 shall receive automatic increases in
30 his or her retirement annuity as follows:
31 Effective January 1 immediately following the date the
32 retirement annuity begins, the annuitant shall receive an
33 increase in his or her monthly retirement annuity of 0.125%
34 of the monthly retirement annuity provided under Rule 1, Rule
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1 2, Rule 3, or Rule 4, contained in this Section, multiplied
2 by the number of full months which elapsed from the date the
3 retirement annuity payments began to January 1, 1972, plus
4 0.1667% of such annuity, multiplied by the number of full
5 months which elapsed from January 1, 1972, or the date the
6 retirement annuity payments began, whichever is later, to
7 January 1, 1978, plus 0.25% of such annuity multiplied by the
8 number of full months which elapsed from January 1, 1978, or
9 the date the retirement annuity payments began, whichever is
10 later, to the effective date of the increase.
11 The annuitant shall receive an increase in his or her
12 monthly retirement annuity on each January 1 thereafter
13 during the annuitant's life of 3% of the monthly annuity
14 provided under Rule 1, Rule 2, Rule 3, or Rule 4 contained in
15 this Section. The change made under this subsection by P.A.
16 81-970 is effective January 1, 1980 and applies to each
17 annuitant whose status as an employee terminates before or
18 after that date.
19 Beginning January 1, 1990, all automatic annual increases
20 payable under this Section shall be calculated as a
21 percentage of the total annuity payable at the time of the
22 increase, including all increases previously granted under
23 this Article.
24 The change made in this subsection by P.A. 85-1008 is
25 effective January 26, 1988, and is applicable without regard
26 to whether status as an employee terminated before that date.
27 (e) If, on January 1, 1987, or the date the retirement
28 annuity payment period begins, whichever is later, the sum of
29 the retirement annuity provided under Rule 1 or Rule 2 of
30 this Section and the automatic annual increases provided
31 under the preceding subsection or Section 15-136.1, amounts
32 to less than the retirement annuity which would be provided
33 by Rule 3, the retirement annuity shall be increased as of
34 January 1, 1987, or the date the retirement annuity payment
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1 period begins, whichever is later, to the amount which would
2 be provided by Rule 3 of this Section. Such increased amount
3 shall be considered as the retirement annuity in determining
4 benefits provided under other Sections of this Article. This
5 paragraph applies without regard to whether status as an
6 employee terminated before the effective date of this
7 amendatory Act of 1987, provided that the annuitant was
8 employed at least one-half time during the period on which
9 the final rate of earnings was based.
10 (f) A participant is entitled to such additional annuity
11 as 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,
18 as defined by Section 20-107 of this Code, is transferred in
19 whole or in part to an employer, and (2) a participant
20 transfers employment from such governmental unit to such
21 employer within 6 months after the transfer of the function,
22 and (3) the sum of (A) the annuity payable to the participant
23 under Rule 1, 2, or 3 of this Section (B) all proportional
24 annuities payable to the participant by all other retirement
25 systems covered by Article 20, and (C) the initial primary
26 insurance amount to which the participant is entitled under
27 the Social Security Act, is less than the retirement annuity
28 which would have been payable if all of the participant's
29 pension credits validated under Section 20-109 had been
30 validated under this system, a supplemental annuity equal to
31 the difference in such amounts shall be payable to the
32 participant.
33 (h) On January 1, 1981, an annuitant who was receiving a
34 retirement annuity on or before January 1, 1971 shall have
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1 his or her retirement annuity then being paid increased $1
2 per month for each year of creditable service. On January 1,
3 1982, an annuitant whose retirement annuity began on or
4 before January 1, 1977, shall have his or her retirement
5 annuity then being paid increased $1 per month for each year
6 of creditable service.
7 (i) On January 1, 1987, any annuitant whose retirement
8 annuity began on or before January 1, 1977, shall have the
9 monthly retirement annuity increased by an amount equal to 8¢
10 per year of creditable service times the number of years that
11 have elapsed since the annuity began.
12 (j) On January 1, 1998, every annuitant who began
13 receiving a retirement annuity on or before January 1, 1991
14 shall have the monthly retirement annuity increased by an
15 amount equal to 25¢ multiplied by the number of full years of
16 creditable service multiplied by the number of full years
17 that have elapsed since the annuity began. Every annuitant
18 who begins receiving a retirement annuity after January 1,
19 1991 and before January 1, 1998 shall have the monthly
20 retirement annuity increased on the January 1 occurring on or
21 next following the seventh anniversary of retirement, by an
22 amount equal to $1.75 multiplied by the number of full years
23 of creditable service upon which the retirement annuity is
24 based. The increase under this subsection shall be included
25 in the calculation of increases granted simultaneously or
26 thereafter under subsection (d).
27 (Source: P.A. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
28 eff. 8-16-97; revised 8-21-97.)
29 (40 ILCS 5/15-136.3)
30 Sec. 15-136.3. Minimum retirement annuity.
31 (a) Beginning January 1, 1997, any person who is
32 receiving a monthly retirement annuity under this Article
33 which, after inclusion of (1) all one-time and automatic
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1 annual increases to which the person is entitled, (2) any
2 supplemental annuity payable under Section 15-136.1, and (3)
3 any amount deducted under Section 15-138 or 15-140 to provide
4 a reversionary annuity, is less than the minimum monthly
5 retirement benefit amount specified in subsection (b) of this
6 Section, shall be entitled to a monthly supplemental payment
7 equal to the difference.
8 (b) For purposes of the calculation in subsection (a),
9 the minimum monthly retirement benefit amount is the sum of
10 $25 for each year of service credit, up to a maximum of 30
11 years of service, plus the amount of the increase received by
12 the annuitant under subsection (j) of Section 15-136, if any.
13 (c) This Section applies to all persons receiving a
14 retirement annuity under this Article, without regard to
15 whether or not employment terminated prior to the effective
16 date of this Section.
17 (Source: P.A. 89-616, eff. 8-9-96.)
18 (40 ILCS 5/15-145) (from Ch. 108 1/2, par. 15-145)
19 Sec. 15-145. Survivors insurance benefits; Conditions
20 and amounts.
21 (a) The survivors insurance benefits provided under this
22 Section shall be payable upon the death of (1) a
23 participating employee with at least 1 1/2 years of service,
24 (2) a participant who terminated employment with at least 10
25 years of service, and (3) an annuitant in receipt of a
26 retirement annuity or disability retirement annuity under
27 this Article.
28 Service under the State Employees' Retirement System of
29 Illinois, the Teachers' Retirement System of the State of
30 Illinois and the Public School Teacher's Pension and
31 Retirement Fund of Chicago shall be considered in determining
32 eligibility for survivors benefits under this Section.
33 If by law, a function of a governmental unit, as defined
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1 by Section 20-107, is transferred in whole or in part to an
2 employer, and an employee transfers employment from this
3 governmental unit to such employer within 6 months after the
4 transfer of this function, the service credits in the
5 governmental unit's retirement system which have been
6 validated under Section 20-109 shall be considered in
7 determining eligibility for survivors benefits under this
8 Section.
9 (b) A surviving spouse of a deceased participant, or of
10 a deceased annuitant who had a survivors insurance
11 beneficiary at the time of retirement, shall receive a
12 survivors annuity of 30% of the final rate of earnings.
13 Payments shall begin on the day following the participant's
14 or annuitant's death or the date the surviving spouse attains
15 age 50, whichever is later, and continue until the death of
16 the surviving spouse. The annuity shall be payable to the
17 surviving spouse prior to attainment of age 50 if the
18 surviving spouse has in his or her care a deceased
19 participant's or annuitant's dependent unmarried child under
20 age 18 (under age 22 if a full-time student) who is eligible
21 for a survivors annuity. Remarriage of a surviving spouse
22 prior to attainment of age 55 shall disqualify him or her for
23 the receipt of a survivors annuity.
24 (c) Each dependent unmarried child under age 18 (under
25 age 22 if a full-time student) of a deceased participant, or
26 of a deceased annuitant who had a survivors insurance
27 beneficiary at the time of his or her retirement, shall
28 receive a survivors annuity equal to the sum of (1) 20% of
29 the final rate of earnings, and (2) 10% of the final rate of
30 earnings divided by the number of children entitled to this
31 benefit. Payments shall begin on the day following the
32 participant's or annuitant's death and continue until the
33 child marries, dies, or attains age 18 (age 22 if a full-time
34 student). If the child is in the care of a surviving spouse
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1 who is eligible for survivors insurance benefits, the child's
2 benefit shall be paid to the surviving spouse.
3 Each unmarried child over age 18 of a deceased
4 participant or of a deceased annuitant who had a survivor's
5 insurance beneficiary at the time of his or her retirement,
6 and who was dependent upon the participant or annuitant by
7 reason of a physical or mental disability which began prior
8 to the date the child attained age 18 (age 22 if a full-time
9 student), shall receive a survivor's annuity equal to the sum
10 of (1) 20% of the final rate of earnings, and (2) 10% of the
11 final rate of earnings divided by the number of children
12 entitled to survivors benefits. Payments shall begin on the
13 day following the participant's or annuitant's death and
14 continue until the child marries, dies, or is no longer
15 disabled. If the child is in the care of a surviving spouse
16 who is eligible for survivors insurance benefits, the child's
17 benefit may be paid to the surviving spouse. For the
18 purposes of this Section, disability means inability to
19 engage in any substantial gainful activity by reason of any
20 medically determinable physical or mental impairment that can
21 be expected to result in death or that has lasted or can be
22 expected to last for a continuous period of at least one
23 year.
24 (d) Each dependent parent of a deceased participant, or
25 of a deceased annuitant who had a survivors insurance
26 beneficiary at the time of his or her retirement, shall
27 receive a survivors annuity equal to the sum of (1) 20% of
28 final rate of earnings, and (2) 10% of final rate of earnings
29 divided by the number of parents who qualify for the benefit.
30 Payments shall begin when the parent reaches age 55 or the
31 day following the participant's or annuitant's death,
32 whichever is later, and continue until the parent dies.
33 Remarriage of a parent prior to attainment of age 55 shall
34 disqualify the parent for the receipt of a survivors annuity.
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1 (e) In addition to the survivors annuity provided above,
2 each survivors insurance beneficiary shall, upon death of the
3 participant or annuitant, receive a lump sum payment of
4 $1,000 divided by the number of such beneficiaries.
5 (f) The changes made in this Section by Public Act
6 81-712 pertaining to survivors annuities in cases of
7 remarriage prior to age 55 shall apply to each survivors
8 insurance beneficiary who remarries after June 30, 1979,
9 regardless of the date that the participant or annuitant
10 terminated his employment or died.
11 (g) On January 1, 1981, any person who was receiving a
12 survivors annuity on or before January 1, 1971 shall have the
13 survivors annuity then being paid increased by 1% for each
14 full year which has elapsed from the date the annuity began.
15 On January 1, 1982, any survivor whose annuity began after
16 January 1, 1971, but before January 1, 1981, shall have the
17 survivor's annuity then being paid increased by 1% for each
18 year which has elapsed from the date the survivor's annuity
19 began. On January 1, 1987, any survivor who began receiving a
20 survivor's annuity on or before January 1, 1977, shall have
21 the monthly survivor's annuity increased by $1 for each full
22 year which has elapsed since the date the survivor's annuity
23 began.
24 (g-1) On January 1, 1998, every survivor who began
25 receiving a survivor's annuity on or before January 1, 1991
26 shall have the monthly survivor's annuity increased by an
27 amount equal to 25¢ multiplied by the number of full years of
28 the deceased's creditable service multiplied by the sum of
29 (i) the number of full years that have elapsed since the
30 survivor's annuity began and (ii) the number of full years,
31 if any, during which the deceased received a retirement
32 annuity under this Article. Every survivor who begins
33 receiving a survivor's annuity after January 1, 1991 and
34 before January 1, 1998 shall have the monthly survivor's
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1 annuity increased on the January 1 occurring on or next
2 following the seventh anniversary of the commencement of the
3 survivor's annuity, by an amount equal to 25¢ multiplied by
4 the number of full years of the deceased's creditable service
5 multiplied by the sum of (i) the number of full years that
6 have elapsed since the survivor's annuity began and (ii) the
7 number of full years, if any, during which the deceased
8 received a retirement annuity under this Article. The
9 increase under this subsection shall be included in the
10 calculation of increases granted simultaneously or thereafter
11 under subsection (j).
12 (h) If the sum of the lump sum and total monthly
13 survivor benefits payable under this Section upon the death
14 of a participant amounts to less than the sum of the death
15 benefits payable under items (2) and (3) of Section 15-141,
16 the difference shall be paid in a lump sum to the beneficiary
17 of the participant who is living on the date that this
18 additional amount becomes payable.
19 (i) If the sum of the lump sum and total monthly
20 survivor benefits payable under this Section upon the death
21 of an annuitant receiving a retirement annuity or disability
22 retirement annuity amounts to less than the death benefit
23 payable under Section 15-142, the difference shall be paid to
24 the beneficiary of the annuitant who is living on the date
25 that this additional amount becomes payable.
26 (j) Effective on the later of (1) January 1, 1990, or
27 (2) the January 1 on or next after the date on which the
28 survivor annuity begins, if the deceased member died while
29 receiving a retirement annuity, or in all other cases the
30 January 1 nearest the first anniversary of the date the
31 survivor annuity payments begin, every survivors insurance
32 beneficiary shall receive an increase in his or her monthly
33 survivors annuity of 3%. On each January 1 after the initial
34 increase, the monthly survivors annuity shall be increased by
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1 3% of the total survivors annuity provided under this
2 Article, including previous increases provided by this
3 subsection. Such increases shall apply to the survivors
4 insurance beneficiaries of each participant and annuitant,
5 whether or not the employment status of the participant or
6 annuitant terminates before the effective date of this
7 amendatory Act of 1990.
8 (k) If the Internal Revenue Code of 1986, as amended,
9 requires that the survivors benefits be payable at an age
10 earlier than that specified in this Section the benefits
11 shall begin at the earlier age, in which event, the
12 survivor's beneficiary shall be entitled only to that amount
13 which is equal to the actuarial equivalent of the benefits
14 provided by this Section.
15 (l) The changes made to this Section and Section 15-131
16 by this amendatory Act of 1997, relating to benefits for
17 certain unmarried children who are full-time students under
18 age 22, apply without regard to whether the deceased member
19 was in service on or after the effective date of this
20 amendatory Act of 1997. These changes do not authorize the
21 repayment of a refund or a re-election of benefits, and any
22 benefit or increase in benefits resulting from these changes
23 is not payable retroactively for any period before the
24 effective date of this amendatory Act of 1997.
25 (Source: P.A. 90-448, eff. 8-16-97.)
26 (40 ILCS 5/16-133.1) (from Ch. 108 1/2, par. 16-133.1)
27 Sec. 16-133.1. Automatic annual increase in annuity.
28 (a) Each member with creditable service and retiring on
29 or after August 26, 1969 is entitled to the automatic annual
30 increases in annuity provided under this Section while
31 receiving a retirement annuity or disability retirement
32 annuity from the system.
33 An annuitant shall first be entitled to an initial
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1 increase under this Section on the January 1 next following
2 the first anniversary of retirement, or January 1 of the year
3 next following attainment of age 61, whichever is later. At
4 such time, the system shall pay an initial increase
5 determined as follows: 1.5% of the originally granted
6 retirement annuity or disability retirement annuity
7 multiplied by the number of years elapsed from the later of
8 (1) attainment of age 55, or (2) the date of retirement,
9 until January 1, 1972, plus 2% of the originally granted
10 annuity multiplied by the number of years elapsed between
11 January 1, 1972 and January 1, 1978, plus 3% of the
12 originally granted annuity multiplied by the number of years
13 elapsed between January 1, 1978 and the effective date of the
14 initial increase. However, the initial annual increase
15 calculated under this Section for the recipient of a
16 disability retirement annuity granted under Section 16-149.2
17 shall be reduced by an amount equal to the total of all
18 increases in that annuity received under Section 16-149.5
19 (but not exceeding 100% of the amount of the initial increase
20 otherwise provided under this Section).
21 Following the initial increase, automatic annual
22 increases in annuity shall be payable on each January 1
23 thereafter during the lifetime of the annuitant, determined
24 as a percentage of the originally granted retirement annuity
25 or disability retirement annuity for increases granted prior
26 to January 1, 1990, and calculated as a percentage of the
27 total amount of annuity, including previous increases under
28 this Section, for increases granted on or after January 1,
29 1990, as follows: 1.5% for periods prior to January 1, 1972,
30 2% for periods after December 31, 1971 and prior to January
31 1, 1978, and 3% for periods after December 31, 1977.
32 (b) The automatic annual increases in annuity provided
33 under this Section shall not be applicable unless a member
34 has made contributions toward such increases for a period
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1 equivalent to one full year of creditable service. If a
2 member contributes for service performed after August 26,
3 1969 but the member becomes an annuitant before such
4 contributions amount to one full year's contributions based
5 on the salary at the date of retirement, he or she may pay
6 the necessary balance of the contributions to the system and
7 be eligible for the automatic annual increases in annuity
8 provided under this Section.
9 (c) Each member shall make contributions toward the cost
10 of the automatic annual increases in annuity as provided
11 under Section 16-152.
12 (d) An annuitant receiving a retirement annuity or
13 disability retirement annuity on July 1, 1969, who
14 subsequently re-enters service as a teacher is eligible for
15 the automatic annual increases in annuity provided under this
16 Section if he or she renders at least one year of creditable
17 service following the latest re-entry.
18 (e) In addition to the automatic annual increases in
19 annuity provided under this Section, an annuitant who meets
20 the service requirements of this Section and whose retirement
21 annuity or disability retirement annuity began on or before
22 January 1, 1971 shall receive, on January 1, 1981, an
23 increase in the annuity then being paid of one dollar per
24 month for each year of creditable service. On January 1,
25 1982, an annuitant whose retirement annuity or disability
26 retirement annuity began on or before January 1, 1977 shall
27 receive an increase in the annuity then being paid of one
28 dollar per month for each year of creditable service.
29 On January 1, 1987, any annuitant whose retirement
30 annuity began on or before January 1, 1977, shall receive an
31 increase in the monthly retirement annuity equal to 8¢ per
32 year of creditable service times the number of years that
33 have elapsed since the annuity began.
34 (f) On January 1, 1998, every annuitant who began
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1 receiving a retirement annuity on or before January 1, 1991
2 shall have the monthly retirement annuity increased by an
3 amount equal to 25¢ multiplied by the number of full years of
4 creditable service multiplied by the number of full years
5 that have elapsed since the annuity began. Every annuitant
6 who begins receiving a retirement annuity after January 1,
7 1991 and before January 1, 1998 shall have the monthly
8 retirement annuity increased on the January 1 occurring on or
9 next following the seventh anniversary of retirement, by an
10 amount equal to $1.75 multiplied by the number of full years
11 of creditable service upon which the retirement annuity is
12 based. The increase under this subsection shall be included
13 in the calculation of increases granted simultaneously or
14 thereafter under subsection (a).
15 (Source: P.A. 86-273; 86-1488.)
16 (40 ILCS 5/16-143.1) (from Ch. 108 1/2, par. 16-143.1)
17 Sec. 16-143.1. Increase in survivor benefits.
18 (a) Beginning January 1, 1990, each survivor's benefit
19 and each reversionary annuity payable under Section 16-136
20 shall be increased by 3% of the currently payable amount
21 thereof (1) on each January 1 occurring on or after the
22 commencement of the annuity if the deceased teacher died
23 while receiving a retirement or disability retirement
24 annuity, or (2) in other cases, on each January 1 occurring
25 on or after the first anniversary of the granting of the
26 benefit, without regard to whether the deceased teacher was
27 in service on or after the effective date of this amendatory
28 Act of 1991, but such increases shall not accrue for any
29 period prior to January 1, 1990.
30 (b) On January 1, 1981, any beneficiary who was
31 receiving a survivor's monthly benefit on or before January
32 1, 1971, shall have the benefit then being paid increased by
33 1% for each full year elapsed from the date the survivor's
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1 benefit began. On January 1, 1982, any beneficiary who began
2 receiving a survivor's monthly benefit after January 1, 1971,
3 but before January 1, 1981 shall have the benefit then being
4 paid increased by 1% for each year elapsed from the date the
5 survivor's benefit began.
6 On January 1, 1987, any beneficiary whose monthly
7 survivor's benefit began on or before January 1, 1977, shall
8 have the monthly survivor's benefit increased by $1 for each
9 full year which has elapsed since the date the survivor's
10 benefit began.
11 (c) On January 1, 1998, every survivor who began
12 receiving a survivor's benefit on or before January 1, 1991
13 shall have the monthly survivor's benefit increased by an
14 amount equal to 25¢ multiplied by the number of full years of
15 the deceased's creditable service multiplied by the sum of
16 (i) the number of full years that have elapsed since the
17 survivor's benefit began and (ii) the number of full years,
18 if any, during which the deceased received a retirement
19 annuity under this Article. Every survivor who begins
20 receiving a survivor's benefit after January 1, 1991 and
21 before January 1, 1998 shall have the monthly survivor's
22 benefit increased on the January 1 occurring on or next
23 following the seventh anniversary of the commencement of the
24 survivor's benefit, by an amount equal to 25¢ multiplied by
25 the number of full years of the deceased's creditable service
26 multiplied by the sum of (i) the number of full years that
27 have elapsed since the survivor's benefit began and (ii) the
28 number of full years, if any, during which the deceased
29 received a retirement annuity under this Article. The
30 increase under this subsection shall be included in the
31 calculation of increases granted simultaneously or thereafter
32 under subsection (a).
33 (Source: P.A. 86-273; 86-1488.)
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1 (40 ILCS 5/17-119) (from Ch. 108 1/2, par. 17-119)
2 Sec. 17-119. Automatic annual increase in pension.
3 (a) Each teacher retiring on or after September 1, 1959,
4 is entitled to the annual increase in pension, defined
5 herein, while he is receiving a pension from the fund.
6 1. The term "base pension" means a service retirement or
7 disability retirement pension in the amount fixed and payable
8 at the date of retirement of a teacher.
9 2. The annual increase in pension shall be at the rate
10 of 1 1/2% of base pension. This increase shall first occur
11 in January of the year next following the first anniversary
12 of retirement. At such time the fund shall pay the pro rata
13 part of the increase for the period from the first
14 anniversary date to the date of the first increase in
15 pension. Beginning January 1, 1972, the rate of annual
16 increase in pension shall be 2% of the base pension.
17 Beginning January 1, 1979, the rate of annual increase in
18 pension shall be 3% of the base pension. Beginning January
19 1, 1990, all automatic annual increases payable under this
20 Section shall be calculated as a percentage of the total
21 pension payable at the time of the increase, including all
22 increases previously granted under this Article,
23 notwithstanding Section 17-157.
24 3. An increase in pension shall be granted only if the
25 retired teacher is age 60 or over. If the teacher attains age
26 60 after retirement, the increase in pension shall begin in
27 January of the year following the 61st birthday. At such time
28 the fund also shall pay the pro rata part of the increase
29 from the 61st birthday to the date of first increase in
30 pension.
31 (b) In addition to other increases which may be provided
32 by this Section, on January 1, 1981 any teacher who was
33 receiving a retirement pension on or before January 1, 1971
34 shall have his retirement pension then being paid increased
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1 $1 per month for each year of creditable service. On January
2 1, 1982, any teacher whose retirement pension began on or
3 before January 1, 1977, shall have his retirement pension
4 then being paid increased $1 per month for each year of
5 creditable service.
6 On January 1, 1987, any teacher whose retirement pension
7 began on or before January 1, 1977, shall have the monthly
8 retirement pension increased by an amount equal to 8¢ per
9 year of creditable service times the number of years that
10 have elapsed since the retirement pension began.
11 (c) On January 1, 1998, every pensioner who began
12 receiving a retirement pension on or before January 1, 1991
13 shall have the monthly retirement pension increased by an
14 amount equal to 25¢ multiplied by the number of full years of
15 creditable service multiplied by the number of full years
16 that have elapsed since the pension began. Every pensioner
17 who begins receiving a retirement pension after January 1,
18 1991 and before January 1, 1998 shall have the monthly
19 retirement pension increased on the January 1 occurring on or
20 next following the seventh anniversary of retirement, by an
21 amount equal to $1.75 multiplied by the number of full years
22 of creditable service upon which the retirement pension is
23 based. The increase under this subsection shall be included
24 in the calculation of increases granted simultaneously or
25 thereafter under subsection (a). Section 17-157 does not
26 apply to the increase provided under this subsection.
27 (Source: P.A. 86-273.)
28 (40 ILCS 5/17-122) (from Ch. 108 1/2, par. 17-122)
29 Sec. 17-122. Survivor's and children's pensions - Amount.
30 (a) Upon the death of a teacher who has completed at
31 least 1 1/2 years of contributing service with either this
32 Fund or the State Universities Retirement System or the
33 Teachers' Retirement System of the State of Illinois,
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1 provided his death occurred while (a) in active service
2 covered by the fund or during his first 18 months of
3 continuous employment without a break in service under any
4 other participating system as defined in the Illinois
5 Retirement Systems Reciprocal Act except the State
6 Universities Retirement System and the Teachers' Retirement
7 System of the State of Illinois, (b) on a creditable leave of
8 absence, (c) on a noncreditable leave of absence of no more
9 than one year, or (d) a pension was deferred or pending
10 provided the teacher had at least 10 years of validated
11 service credit, or upon the death of a pensioner otherwise
12 qualified for such benefit, the surviving spouse and
13 unmarried minor children of the deceased teacher under age 18
14 shall be entitled to pensions, under the conditions stated
15 hereinafter. Such survivor's and children's pensions shall
16 be based on the average of the 4 highest consecutive years of
17 salary in the last 10 years of service or on the average
18 salary for total service, if total service has been less than
19 4 years, according to the following percentages:
20 30% of average salary or 50% of the retirement
21 pension earned by the teacher, whichever is larger,
22 subject to the prescribed maximum monthly payment, for a
23 surviving spouse alone on attainment of age 50;
24 60% of average salary for a surviving spouse and
25 eligible minor children of the deceased teacher.
26 If no eligible spouse survives, or the surviving spouse
27 remarries, or the parent of the children of the deceased
28 member is otherwise ineligible for a survivor's pension, a
29 children's pension for eligible minor children under age 18
30 shall be paid to their parent or legal guardian for their
31 benefit according to the following percentages:
32 30% of average salary for one child;
33 60% of average salary for 2 or more children.
34 (b) On January 1, 1981, any survivor or child who was
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1 receiving a survivor's or children's pension on or before
2 January 1, 1971, shall have his survivor's or children's
3 pension then being paid increased by 1% for each full year
4 which has elapsed from the date the pension began. On January
5 1, 1982, any survivor or child whose pension began after
6 January 1, 1971, but before January 1, 1981, shall have his
7 survivor's or children's pension then being paid increased 1%
8 for each full year which has elapsed from the date the
9 pension began. On January 1, 1987, any survivor or child
10 whose pension began on or before January 1, 1977, shall have
11 the monthly survivor's or children's pension increased by $1
12 for each full year which has elapsed since the pension began.
13 (c) On January 1, 1998, every survivor or child who
14 began receiving a survivor's or children's pension on or
15 before January 1, 1991 shall have the monthly pension
16 increased by an amount equal to 25¢ multiplied by the number
17 of full years of the deceased's creditable service multiplied
18 by the sum of (i) the number of full years that have elapsed
19 since the survivor's or children's pension began and (ii) the
20 number of full years, if any, during which the deceased
21 received a retirement pension under this Article. Every
22 survivor or child who begins receiving a survivor's or
23 children's pension after January 1, 1991 and before January
24 1, 1998 shall have the monthly pension increased on the
25 January 1 occurring on or next following the seventh
26 anniversary of the commencement of the pension, by an amount
27 equal to 25¢ multiplied by the number of full years of the
28 deceased's creditable service multiplied by the sum of (i)
29 the number of full years that have elapsed since the
30 survivor's annuity began and (ii) the number of full years,
31 if any, during which the deceased received a retirement
32 pension under this Article. The increase under this
33 subsection shall be included in the calculation of increases
34 granted simultaneously or thereafter under subsection (d).
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1 Section 17-157 does not apply to the increase provided under
2 this subsection.
3 (d) Beginning January 1, 1990, every survivor's and
4 children's pension shall be increased (1) on each January 1
5 occurring on or after the commencement of the pension if the
6 deceased teacher died while receiving a retirement pension,
7 or (2) in other cases, on each January 1 occurring on or
8 after the first anniversary of the commencement of the
9 pension, by an amount equal to 3% of the current amount of
10 the pension, including all increases previously granted under
11 this Article, notwithstanding Section 17-157. Such increases
12 shall apply without regard to whether the deceased teacher
13 was in service on or after the effective date of this
14 amendatory Act of 1991, but shall not accrue for any period
15 prior to January 1, 1990.
16 (e) Subject to the minimum established below, the
17 maximum amount of pension for a surviving spouse alone or one
18 minor child shall be $400 per month, and the maximum combined
19 pensions for a surviving spouse and children of the deceased
20 teacher shall be $600 per month, with individual pensions
21 adjusted for all beneficiaries pro rata to conform with this
22 limitation. If proration is unnecessary the minimum
23 survivor's and children's pensions shall be $40 per month.
24 The minimum total survivor's and children's pension payable
25 upon the death of a contributor or annuitant which occurs
26 after December 31, 1986, shall be 50% of the earned
27 retirement pension of such contributor or annuitant,
28 calculated without early retirement discount in the case of
29 death in service.
30 On death after retirement, the total survivor's and
31 children's pensions shall not exceed the monthly retirement
32 or disability pension paid to the deceased retirant.
33 Survivor's and children's benefits described in this Section
34 shall apply to all service and disability pensioners eligible
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1 for a pension as of July 1, 1981.
2 (Source: P.A. 90-32, eff. 6-27-97.)
3 Section 90. The State Mandates Act is amended by adding
4 Section 8.21 as follows:
5 (30 ILCS 805/8.21 new)
6 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
7 and 8 of this Act, no reimbursement by the State is required
8 for the implementation of any mandate created by this
9 amendatory Act of 1997.
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.