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90_SB1301 40 ILCS 5/15-136 from Ch. 108 1/2, par. 15-136 40 ILCS 5/15-154 from Ch. 108 1/2, par. 15-154 Amends the State Universities Article of the Illinois Pension Code. Provides that for a police officer or firefighter who retires on or after the effective date and receives a money-purchase annuity calculated under Rule 2, the additional normal contributions required to be paid by police officers and firefighters shall be included in the calculation of the annuity rather than refunded to the annuitant. Effective immediately. LRB9008488EGfg LRB9008488EGfg 1 AN ACT to amend the Illinois Pension Code by changing 2 Sections 15-136 and 15-154. 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 15-136 and 15-154 as follows: 7 (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136) 8 Sec. 15-136. Retirement annuities - Amount. 9 (a) The amount of the retirement annuity shall be 10 determined by whichever of the following rules is applicable 11 and provides the largest annuity: 12 Rule 1: The retirement annuity shall be 1.67% of final 13 rate of earnings for each of the first 10 years of service, 14 1.90% for each of the next 10 years of service, 2.10% for 15 each year of service in excess of 20 but not exceeding 30, 16 and 2.30% for each year in excess of 30; or for persons who 17 retire on or after January 1, 1998, 2.2% of the final rate of 18 earnings for each year of service. However,except thatthe 19 annuity for those persons having made an election under 20 Section 15-154(a-1) shall be calculated and payable under the 21 portable retirement benefit program pursuant to the 22 provisions of Section 15-136.4. 23 Rule 2: The retirement annuity shall be the sum of the 24 following, determined from amounts credited to the 25 participant in accordance with the actuarial tables and the 26 prescribed rate of interest in effect at the time the 27 retirement annuity begins: 28 (i) the normal annuity which can be provided on an 29 actuarially equivalent basis, by the accumulated normal 30 contributions as of the date the annuity begins; and 31 (ii) an annuity from employer contributions of an -2- LRB9008488EGfg 1 amount which can be provided on an actuarially equivalent 2 basis from the accumulated normal contributions made by 3 the participant under Section 15-113.6 and Section 4 15-113.7 plus 1.4 times all other accumulated normal 5 contributions made by the participant, except that the 6 annuity for those persons having made an election under 7 Section 15-154(a-1) shall be calculated and payable under 8 the portable retirement benefit program pursuant to the 9 provisions of Section 15-136.4. 10 With respect to a police officer or firefighter who retires 11 on or after the effective date of this amendatory Act of 12 1998, the accumulated normal contributions taken into account 13 under clauses (i) and (ii) of this Rule 2 shall include the 14 additional normal contributions made by the police officer or 15 firefighter under Section 15-157(a). 16 Rule 3: The retirement annuity of a participant who is 17 employed at least one-half time during the period on which 18 his or her final rate of earnings is based, shall be equal to 19 the participant's years of service not to exceed 30, 20 multiplied by (1) $96 if the participant's final rate of 21 earnings is less than $3,500, (2) $108 if the final rate of 22 earnings is at least $3,500 but less than $4,500, (3) $120 if 23 the final rate of earnings is at least $4,500 but less than 24 $5,500, (4) $132 if the final rate of earnings is at least 25 $5,500 but less than $6,500, (5) $144 if the final rate of 26 earnings is at least $6,500 but less than $7,500, (6) $156 if 27 the final rate of earnings is at least $7,500 but less than 28 $8,500, (7) $168 if the final rate of earnings is at least 29 $8,500 but less than $9,500, and (8) $180 if the final rate 30 of earnings is $9,500 or more, except that the annuity for 31 those persons having made an election under Section 32 15-154(a-1) shall be calculated and payable under the 33 portable retirement benefit program pursuant to the 34 provisions of Section 15-136.4. -3- LRB9008488EGfg 1 Rule 4: A participant who is at least age 50 and has 25 2 or more years of service as a police officer or firefighter, 3 and a participant who is age 55 or over and has at least 20 4 but less than 25 years of service as a police officer or 5 firefighter, shall be entitled to a retirement annuity of 2 6 1/4% of the final rate of earnings for each of the first 10 7 years of service as a police officer or firefighter, 2 1/2% 8 for each of the next 10 years of service as a police officer 9 or firefighter, and 2 3/4% for each year of service as a 10 police officer or firefighter in excess of 20, except that 11 the annuity for those persons having made an election under 12 Section 15-154(a-1) shall be calculated and payable under the 13 portable retirement benefit program pursuant to the 14 provisions of Section 15-136.4. The retirement annuity for 15 all other service shall be computed under Rule 1, payable 16 under the portable retirement benefit program pursuant to the 17 provisions of Section 15-136.4, if applicable. 18 (b) The retirement annuity provided under Rules 1 and 3 19 above shall be reduced by 1/2 of 1% for each month the 20 participant is under age 60 at the time of retirement. 21 However, this reduction shall not apply in the following 22 cases: 23 (1) For a disabled participant whose disability 24 benefits have been discontinued because he or she has 25 exhausted eligibility for disability benefits under 26 clause (6) of Section 15-152; 27 (2) For a participant who has at least the number 28 of years of service required to retire at any age under 29 subsection (a) of Section 15-135; or 30 (3) For that portion of a retirement annuity which 31 has been provided on account of service of the 32 participant during periods when he or she performed the 33 duties of a police officer or firefighter, if these 34 duties were performed for at least 5 years immediately -4- LRB9008488EGfg 1 preceding the date the retirement annuity is to begin. 2 (c) The maximum retirement annuity provided under Rules 3 1, 2, and 4 shall be the lesser of (1) the annual limit of 4 benefits as specified in Section 415 of the Internal Revenue 5 Code of 1986, as such Section may be amended from time to 6 time and as such benefit limits shall be adjusted by the 7 Commissioner of Internal Revenue, and (2) 80% of final rate 8 of earnings. 9 (d) An annuitant whose status as an employee terminates 10 after August 14, 1969 shall receive automatic increases in 11 his or her retirement annuity as follows: 12 Effective January 1 immediately following the date the 13 retirement annuity begins, the annuitant shall receive an 14 increase in his or her monthly retirement annuity of 0.125% 15 of the monthly retirement annuity provided under Rule 1, Rule 16 2, Rule 3, or Rule 4, contained in this Section, multiplied 17 by the number of full months which elapsed from the date the 18 retirement annuity payments began to January 1, 1972, plus 19 0.1667% of such annuity, multiplied by the number of full 20 months which elapsed from January 1, 1972, or the date the 21 retirement annuity payments began, whichever is later, to 22 January 1, 1978, plus 0.25% of such annuity multiplied by the 23 number of full months which elapsed from January 1, 1978, or 24 the date the retirement annuity payments began, whichever is 25 later, to the effective date of the increase. 26 The annuitant shall receive an increase in his or her 27 monthly retirement annuity on each January 1 thereafter 28 during the annuitant's life of 3% of the monthly annuity 29 provided under Rule 1, Rule 2, Rule 3, or Rule 4 contained in 30 this Section. The change made under this subsection by P.A. 31 81-970 is effective January 1, 1980 and applies to each 32 annuitant whose status as an employee terminates before or 33 after that date. 34 Beginning January 1, 1990, all automatic annual increases -5- LRB9008488EGfg 1 payable under this Section shall be calculated as a 2 percentage of the total annuity payable at the time of the 3 increase, including all increases previously granted under 4 this Article. 5 The change made in this subsection by P.A. 85-1008 is 6 effective January 26, 1988, and is applicable without regard 7 to whether status as an employee terminated before that date. 8 (e) If, on January 1, 1987, or the date the retirement 9 annuity payment period begins, whichever is later, the sum of 10 the retirement annuity provided under Rule 1 or Rule 2 of 11 this Section and the automatic annual increases provided 12 under the preceding subsection or Section 15-136.1, amounts 13 to less than the retirement annuity which would be provided 14 by Rule 3, the retirement annuity shall be increased as of 15 January 1, 1987, or the date the retirement annuity payment 16 period begins, whichever is later, to the amount which would 17 be provided by Rule 3 of this Section. Such increased amount 18 shall be considered as the retirement annuity in determining 19 benefits provided under other Sections of this Article. This 20 paragraph applies without regard to whether status as an 21 employee terminated before the effective date of this 22 amendatory Act of 1987, provided that the annuitant was 23 employed at least one-half time during the period on which 24 the final rate of earnings was based. 25 (f) A participant is entitled to such additional annuity 26 as may be provided on an actuarially equivalent basis, by any 27 accumulated additional contributions to his or her credit. 28 However, the additional contributions made by the participant 29 toward the automatic increases in annuity provided under this 30 Section shall not be taken into account in determining the 31 amount of such additional annuity. 32 (g) If, (1) by law, a function of a governmental unit, 33 as defined by Section 20-107 of this Code, is transferred in 34 whole or in part to an employer, and (2) a participant -6- LRB9008488EGfg 1 transfers employment from such governmental unit to such 2 employer within 6 months after the transfer of the function, 3 and (3) the sum of (A) the annuity payable to the participant 4 under Rule 1, 2, or 3 of this Section (B) all proportional 5 annuities payable to the participant by all other retirement 6 systems covered by Article 20, and (C) the initial primary 7 insurance amount to which the participant is entitled under 8 the Social Security Act, is less than the retirement annuity 9 which would have been payable if all of the participant's 10 pension credits validated under Section 20-109 had been 11 validated under this system, a supplemental annuity equal to 12 the difference in such amounts shall be payable to the 13 participant. 14 (h) On January 1, 1981, an annuitant who was receiving a 15 retirement annuity on or before January 1, 1971 shall have 16 his or her retirement annuity then being paid increased $1 17 per month for each year of creditable service. On January 1, 18 1982, an annuitant whose retirement annuity began on or 19 before January 1, 1977, shall have his or her retirement 20 annuity then being paid increased $1 per month for each year 21 of creditable service. 22 (i) On January 1, 1987, any annuitant whose retirement 23 annuity began on or before January 1, 1977, shall have the 24 monthly retirement annuity increased by an amount equal to 8¢ 25 per year of creditable service times the number of years that 26 have elapsed since the annuity began. 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 5/15-154) (from Ch. 108 1/2, par. 15-154) 30 Sec. 15-154. Refunds. 31 (a) A participant whose status as an employee is 32 terminated, regardless of cause, or who has been on lay off 33 status for more than 120 days, and who is not on leave of -7- LRB9008488EGfg 1 absence, is entitled to a refund of contributions upon 2 application; except that not more than one such refund 3 application may be made during any academic year. 4 Except as set forth in subsections (a-1) and (a-2), the 5 refund shall be the sum of the accumulated normal, additional 6 and survivors insurance contributions, less the amount of 7 interest credited on these contributions each year in excess 8 of 4 1/2% of the amount on which interest was calculated. 9 (a-1) Every person who becomes a participating employee 10 after the date on which his or her employer first offers an 11 optional retirement program under Section 15-158.2 may elect 12 within 60 days of becoming a participant to have any refund 13 calculated pursuant to subsection (a-2) by forgoing all 14 survivors insurance benefits to which the person's survivors 15 would otherwise be entitled under this Article. This 16 election is irrevocable and may be made by filing an election 17 with the system on such form as the Executive Director shall 18 prescribe. 19 Each person who is a participating employee on the date 20 on which his or her employer first offers an optional 21 retirement program under Section 15-158.2 shall have a 22 one-time option to elect to have his or her refund calculated 23 pursuant to subsection (a-2), by forgoing all survivors 24 insurance benefits to which the person's survivors would 25 otherwise be entitled under this Article. The election will 26 not be effective until one year after the election is filed 27 with the system. This election is irrevocable and may be 28 made by filing an election with the system, on such form as 29 the Executive Director shall prescribe, within one year after 30 the date on which his or her employer first offers an 31 optional retirement program under Section 15-158.2. 32 A person may make the one-time irrevocable election 33 authorized under this Section or the election authorized 34 under Section 15-158.2(g), but may not make both elections. -8- LRB9008488EGfg 1 Any person interested in electing the portable retirement 2 benefit program provided under this Section and Section 3 15-136.4 must be given a consultation with the State 4 Universities Retirement System before making that election. 5 (a-2) The refund elected under subsection (a-1) shall be 6 the sum of the participant's accumulated normal and 7 additional contributions, as defined in Sections 15-116 and 8 15-117. If the participant terminates with 5 or more years 9 of service for employment as defined in Section 15-113.1, he 10 or she shall also be entitled to a refund of employer 11 contributions in an amount equal to the sum of the 12 accumulated normal and additional contributions, as defined 13 in Sections 15-116 and 15-117. 14 (b) Upon acceptance of a refund, the participant 15 forfeits all accrued rights and credits in the System, and if 16 subsequently reemployed, the participant shall be considered 17 a new employee subject to all the qualifying conditions for 18 participation and eligibility for benefits applicable to new 19 employees. If such person again becomes a participating 20 employee and continues as such for 2 years, or is employed by 21 an employer and participates for at least 2 years in the 22 Federal Civil Service Retirement System, all such rights, 23 credits, and previous status as a participant shall be 24 restored upon repayment of the amount of the refund, together 25 with compound interest thereon from the date the refund was 26 received to the date of repayment at the rate of 6% per annum 27 through August 31, 1982, and at the effective rates after 28 that date. 29 (c) If a participant has made survivors insurance 30 contributions, but has no survivors insurance beneficiary 31 upon retirement, he or she shall be entitled to a refund of 32 the accumulated survivors insurance contributions, or to an 33 additional annuity the value of which is equal to the 34 accumulated survivors insurance contributions. -9- LRB9008488EGfg 1 (d) A participant, upon application, is entitled to a 2 refund of his or her accumulated additional contributions 3 except those covering the cost of the annual increase in the 4 retirement annuity provided under Section 15-136. Upon the 5 acceptance of such a refund of accumulated additional 6 contributions, the participant forfeits all rights and 7 credits which may have accrued because of such contributions. 8 (e) A participant who terminates his or her employee 9 status and elects to waive service credit under Section 10 15-154.2, is entitled to a refund of the accumulated normal, 11 additional and survivors insurance contributions, if any, 12 which were credited the participant for this service, or to 13 an additional annuity the value of which is equal to the 14 accumulated normal, additional and survivors insurance 15 contributions, if any; except that not more than one such 16 refund application may be made during any academic year. Upon 17 acceptance of this refund, the participant forfeits all 18 rights and credits accrued because of this service. 19 (f) If a police officer or firefighter receives a 20 retirement annuity under Rule 1, 2,or 3 of Section 15-136, 21 he or she shall be entitled at retirement to a refund of the 22 difference between his or her accumulated normal 23 contributions and the normal contributions which would have 24 accumulated had such person filed a waiver of the retirement 25 formula provided by Rule 4 of Section 15-136. 26 (g) If, at the time of retirement, a participant would 27 be entitled to a retirement annuity under Rule 1, 2, 3 or 4 28 of Section 15-136 that exceeds the maximum specified in 29 clause (1) of subsection (c) of Section 15-136, he or she 30 shall be entitled to a refund of the employee contributions, 31 if any, paid under Section 15-157 after the date upon which 32 continuance of such contributions would have otherwise caused 33 the retirement annuity to exceed this maximum, plus compound 34 interest at the effective rates. -10- LRB9008488EGfg 1 (Source: P.A. 90-448, eff. 8-16-97.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.