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91_SB1379 LRB9110062EGfg 1 AN ACT to amend the Illinois Pension Code by changing 2 Sections 17-119 and 17-156.1 and to amend the State Mandates 3 Act. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Illinois Pension Code is amended by 7 changing Sections 17-119 and 17-156.1 as follows: 8 (40 ILCS 5/17-119) (from Ch. 108 1/2, par. 17-119) 9 Sec. 17-119. Automatic annual increase in pension. Each 10 teacher retiring on or after September 1, 1959, is entitled 11 to the annual increase in pension, defined herein, while he 12 is receiving a pension from the Fund. 13 1. The term "base pension" means a service retirement or 14 disability retirement pension in the amount fixed and payable 15 at the date of retirement of a teacher. 16 2. The annual increase in pension shall be at the rate 17 of 1 1/2% of base pension. This increase shall first occur in 18 January of the year next following the first anniversary of 19 retirement. At such time the Fund shall pay the pro rata part 20 of the increase for the period from the first anniversary 21 date to the date of the first increase in pension. Beginning 22 January 1, 1972, the rate of annual increase in pension shall 23 be 2% of the base pension. Beginning January 1, 1979, the 24 rate of annual increase in pension shall be 3% of the base 25 pension. Beginning January 1, 1990, all automatic annual 26 increases payable under this Section shall be calculated as a 27 percentage of the total pension payable at the time of the 28 increase, including all increases previously granted under 29 this Article, notwithstanding Section 17-157. Beginning 30 January 1, 2001, all annual increases in pension payable 31 under this Section shall be calculated at the rate of 4% of -2- LRB9110062EGfg 1 the amount of pension payable at the time of the increase, 2 including all increases previously granted under this 3 Article, notwithstanding Section 17-157. 4 3. An increase in pension shall be granted only if the 5 retired teacher is age 60 or over. If the teacher attains age 6 60 after retirement, the increase in pension shall begin in 7 January of the year following the 61st birthday. At such time 8 the Fund also shall pay the pro rata part of the increase 9 from the 61st birthday to the date of first increase in 10 pension. 11 In addition to other increases which may be provided by 12 this Section, on January 1, 1981 any teacher who was 13 receiving a retirement pension on or before January 1, 1971 14 shall have his retirement pension then being paid increased 15 $1 per month for each year of creditable service. On January 16 1, 1982, any teacher whose retirement pension began on or 17 before January 1, 1977, shall have his retirement pension 18 then being paid increased $1 per month for each year of 19 creditable service. 20 On January 1, 1987, any teacher whose retirement pension 21 began on or before January 1, 1977, shall have the monthly 22 retirement pension increased by an amount equal to 8¢ per 23 year of creditable service times the number of years that 24 have elapsed since the retirement pension began. 25 (Source: P.A. 90-566, eff. 1-2-98.) 26 (40 ILCS 5/17-156.1) (from Ch. 108 1/2, par. 17-156.1) 27 Sec. 17-156.1. Increases to retired members. A teacher 28 who retired prior to September 1, 1959 on service retirement 29 pension who was at least 55 years of age at date of 30 retirement and had at least 20 years of validated service 31 shall be entitled to receive benefits under this Section. 32 These benefits shall be in an amount equal to 1-1/2% of 33 the total of (1) the initial service retirement pension plus -3- LRB9110062EGfg 1 (2) any emeritus payment payable under Sections 34-86 and 2 34-87 of the School Code, multiplied by the number of full 3 years on pension. This payment shall begin in January of 4 1970. An additional 1-1/2% shall be added in January of each 5 year thereafter. Beginning January 1, 1972 the rate of 6 increase in the service retirement pension each year shall be 7 2%. Beginning January 1, 1979, the rate of increase in the 8 service retirement pension each year shall be 3%. Beginning 9 January 1, 1990, all automatic annual increases payable under 10 this Section shall be calculated as a percentage of the total 11 pension payable at the time of the increase, including all 12 increases previously granted under this Article, 13 notwithstanding Section 17-157. Beginning January 1, 2001, 14 all annual increases in pension payable under this Section 15 shall be calculated at the rate of 4% of the amount of 16 pension payable at the time of the increase, including all 17 increases previously granted under this Article, 18 notwithstanding Section 17-157. 19 A pensioner who otherwise qualifies for the aforesaid 20 benefit shall make a one-time payment of 1% of the final 21 monthly average salary multiplied by the number of completed 22 years of service forming the basis of his service retirement 23 pension or, if the pension was not computed according to 24 average salary as defined in Section 17-116, 1% of the 25 monthly base pension multiplied by each complete year of 26 service forming the basis of his service retirement pension. 27 Unless the pensioner rejects the benefits of this Section, 28 such sum shall be deducted from the pensioner's December 1969 29 pension check and shall not be refundable. 30 (Source: P.A. 90-655, eff. 7-30-98.) 31 Section 90. The State Mandates Act is amended by adding 32 Section 8.24 as follows: -4- LRB9110062EGfg 1 (30 ILCS 805/8.24 new) 2 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6 3 and 8 of this Act, no reimbursement by the State is required 4 for the implementation of any mandate created by this 5 amendatory Act of the 91st General Assembly. 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.