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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 101995and 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.