State of Illinois
90th General Assembly
Legislation

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90_SB0601

      40 ILCS 5/17-116.1        from Ch. 108 1/2, par. 17-116.1
      30 ILCS 805/8.21 new
          Amends the Chicago Teacher Article of the Pension Code to
      extend the deadline for  early  retirement  without  discount
      from June 30, 1995 to June 30, 2005; applies retroactively to
      persons  who  have  retired  since June 30, 1995.  Amends the
      State  Mandates  Act  to   require   implementation   without
      reimbursement.  Effective immediately.
                                                     LRB9000483EGfg
                                               LRB9000483EGfg
 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Section 17-116.1 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 17-116.1 as follows:
 7        (40 ILCS 5/17-116.1) (from Ch. 108 1/2, par. 17-116.1)
 8        Sec. 17-116.1.  Early  retirement  without  discount.   A
 9    member  retiring  after June 1, 1980 and before June 30, 2005
10    1995 and within 6 months of the  last  day  of  teaching  for
11    which  retirement  contributions  were required, may elect at
12    the  time  of  application  to  make  a  one  time   employee
13    contribution  to  the  system  and  thereby  avoid  the early
14    retirement reduction in allowance specified in paragraph  (4)
15    of  Section  17-116  of  this  Article.   The exercise of the
16    election shall obligate the employer to also make a one  time
17    non-refundable contribution to the fund.
18        The  one-time  employee contribution shall be equal to 7%
19    of the retiring member's highest full-time annual salary rate
20    used in the determination of  the  average  salary  rate  for
21    retirement  pension,  or  if not full-time then the full-time
22    equivalent, multiplied by (1) the number of years the teacher
23    is under age 60, or (2) the number of  years  the  employee's
24    creditable  service is less than 35 years, whichever is less.
25    The  employer  contribution  shall  be  20%  of  such  salary
26    multiplied by such number of years.
27        Upon receipt of the application and election,  the  board
28    shall   determine   the   one   time  employee  and  employer
29    contributions.  The provisions of this Section shall  not  be
30    applicable  until  all  the above outlined contributions have
31    been  received  by  the  fund;   however,   the   date   such
                            -2-                LRB9000483EGfg
 1    contributions   are  received  shall  not  be  considered  in
 2    determining the effective date of retirement.
 3        The number of employees who may retire under this Section
 4    in any year may be limited at the option of the employer to a
 5    specified percentage of those eligible, not lower  than  30%,
 6    with  the  right  to  participate to be allocated among those
 7    applying on the basis of seniority  in  the  service  of  the
 8    employer.
 9        Notwithstanding  Section  17-157,  the  extension  of the
10    deadline for early retirement  without  discount  under  this
11    Section  effected by this amendatory Act of 1997 also applies
12    to persons who withdrew from service on  or  after  June  30,
13    1995  and before the effective date of this amendatory Act of
14    1997.  Any such person who  qualifies  for  early  retirement
15    without  discount  under  this  Section,  applies to the Fund
16    within 90 days after the effective date  of  this  amendatory
17    Act  of 1997, and pays the required employee contribution may
18    have his or her retirement pension recalculated in accordance
19    with this Section; the resulting increase shall be  effective
20    retroactively to the starting date of the retirement pension.
21    (Source: P.A. 86-272.)
22        Section  10.  The State Mandates Act is amended by adding
23    Section 8.21 as follows:
24        (30 ILCS 805/8.21 new)
25        Sec. 8.21. Exempt mandate.   Notwithstanding  Sections  6
26    and  8 of this Act, no reimbursement by the State is required
27    for  the  implementation  of  any  mandate  created  by  this
28    amendatory Act of 1997.
29        Section 99. Effective date.  This Act takes  effect  upon
30    becoming law.

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