State of Illinois
90th General Assembly
Legislation

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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 that  the
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.

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