State of Illinois
92nd General Assembly
Legislation

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92_SB0669

 
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 1        AN ACT in relation to public employee benefits.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Pension  Code  is amended by
 5    changing Sections 14-103.12, 16-133, and 16-140 as follows:

 6        (40 ILCS 5/14-103.12) (from Ch. 108 1/2, par. 14-103.12)
 7        Sec. 14-103.12.  Final average compensation.
 8        (a)  For  retirement  and  survivor   annuities,   "final
 9    average compensation" means the monthly compensation obtained
10    by  dividing the total compensation of an employee during the
11    period of: (1) the 48 consecutive months  of  service  within
12    the   last   120   months  of  service  in  which  the  total
13    compensation was the highest, or  (2)  the  total  period  of
14    service,  if  less than 48 months, by the number of months of
15    service in such period;  provided  that  for  purposes  of  a
16    retirement  annuity  the average compensation for the last 12
17    months of the 48-month period  shall  not  exceed  the  final
18    average compensation by more than 25%.
19        (b)  For  death and disability benefits, in the case of a
20    full-time employee, "final average  compensation"  means  the
21    greater  of  (1)  the rate of compensation of the employee at
22    the date of death or disability multiplied by 1 in  the  case
23    of  a  salaried  employee,  by  174  in the case of an hourly
24    employee, and by 22 in the case of a per  diem  employee,  or
25    (2)  for  benefits  commencing  on  or after January 1, 1991,
26    final average compensation  as  determined  under  subsection
27    (a).
28        For  purposes of this paragraph, full or part-time status
29    shall be certified by the employing agency.   Final  rate  of
30    compensation  for  a  part-time  employee  shall be the total
31    compensation earned during the last full calendar month prior
 
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 1    to the date of death or disability.
 2        (c)  Notwithstanding the provisions  of  subsection  (a),
 3    for  the  purpose  of  calculating  retirement  and  survivor
 4    annuities  of  persons  with  at  least  20 years of eligible
 5    creditable service  as  defined  in  Section  14-110,  "final
 6    average  compensation" means the monthly rate of compensation
 7    received by the person on the last day of eligible creditable
 8    service (but not  to  exceed  115%  of  the  average  monthly
 9    compensation received by the person for the last 24 months of
10    service,  unless  the  person  was  in  service  as  a  State
11    policeman before the effective date of this amendatory Act of
12    1997),  or  the  average monthly compensation received by the
13    person for the last 48 months of service prior to retirement,
14    whichever is greater.
15        (d)  Notwithstanding the provisions  of  subsection  (a),
16    for  a person who was receiving, on the date of retirement or
17    death, a  disability  benefit  calculated  under  subdivision
18    (b)(2)  of  this Section, the final average compensation used
19    to calculate the disability benefit may be used for  purposes
20    of calculating the retirement and survivor annuities.
21        (e)  In computing the final average compensation, periods
22    of military leave shall not be considered.
23        (f)  The  changes to this Section made by this amendatory
24    Act  of  1997  (redefining  final  average  compensation  for
25    members under the alternative formula) apply to  members  who
26    retire on or after January 1, 1998, without regard to whether
27    employment  terminated  before  the  effective  date  of this
28    amendatory Act of 1997.
29    (Source: P.A. 90-65, eff. 7-7-97.)

30        (40 ILCS 5/16-133) (from Ch. 108 1/2, par. 16-133)
31        Sec. 16-133.  Retirement annuity; amount.
32        (a)  The amount of the retirement annuity  shall  be  the
33    larger of the amounts determined under paragraphs (A) and (B)
 
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 1    below:
 2             (A)  An   amount   consisting  of  the  sum  of  the
 3        following:
 4                  (1)  An amount  that  can  be  provided  on  an
 5             actuarially   equivalent   basis   by  the  member's
 6             accumulated contributions at the time of retirement;
 7             and
 8                  (2)  The sum of (i)  the  amount  that  can  be
 9             provided  on  an actuarially equivalent basis by the
10             member's  accumulated   contributions   representing
11             service  prior  to July 1, 1947, and (ii) the amount
12             that can be provided on  an  actuarially  equivalent
13             basis  by  the  amount  obtained  by multiplying 1.4
14             times   the   member's   accumulated   contributions
15             covering service subsequent to June 30, 1947; and
16                  (3)  If there is prior  service,  2  times  the
17             amount   that   would  have  been  determined  under
18             subparagraph (2) of paragraph (A) above  on  account
19             of  contributions  which would have been made during
20             the period of prior service creditable to the member
21             had the System been in operation and had the  member
22             made  contributions  at  the  contribution  rate  in
23             effect prior to July 1, 1947.
24             (B)  An  amount  consisting  of  the  greater of the
25        following:
26                  (1)  For creditable service earned before  July
27             1,  1998  that  has not been augmented under Section
28             16-129.1:  1.67% of final average salary for each of
29             the first 10 years of creditable service,  1.90%  of
30             final  average  salary for each year in excess of 10
31             but not exceeding 20, 2.10% of final average  salary
32             for  each year in excess of 20 but not exceeding 30,
33             and 2.30% of final average salary for each  year  in
34             excess of 30; and
 
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 1                  For  creditable service earned on or after July
 2             1, 1998 by a member who has at  least  24  years  of
 3             creditable  service on July 1, 1998 and who does not
 4             elect to augment  service  under  Section  16-129.1:
 5             2.2%  of  final  average  salary  for  each  year of
 6             creditable service earned on or after July  1,  1998
 7             but before the member reaches a total of 30 years of
 8             creditable  service and 2.3% of final average salary
 9             for each year of creditable  service  earned  on  or
10             after  July  1,  1998 and after the member reaches a
11             total of 30 years of creditable service; and
12                  For all  other  creditable  service:   2.2%  of
13             final  average  salary  for  each year of creditable
14             service; or
15                  (2)  1.5% of final average salary for each year
16             of creditable service plus the sum $7.50 for each of
17             the first 20 years of creditable service.
18        The amount of the  retirement  annuity  determined  under
19        this paragraph (B) shall be reduced by 1/2 of 1% for each
20        month that the member is less than age 60 at the time the
21        retirement annuity begins.  However, this reduction shall
22        not  apply  (i)  if  the  member has at least 35 years of
23        creditable service, or (ii)  if  the  member  retires  on
24        account  of  disability  under  Section  16-149.2 of this
25        Article with at least 20 years of creditable service,  or
26        (iii)  if  the  member  (1)  has earned during the period
27        immediately preceding the last day of  service  at  least
28        one   year  of  contributing  creditable  service  as  an
29        employee of a department as defined in Section 14-103.04,
30        (2)  has  earned  at  least  5  years   of   contributing
31        creditable  service  as  an  employee  of a department as
32        defined in Section 14-103.04, (3)  retires  on  or  after
33        January  1,  2001, and (4) retires having attained an age
34        which, when added to the number of years of  his  or  her
 
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 1        total  creditable  service, equals at least 85.  Portions
 2        of years shall be counted as decimal equivalents.
 3        (b)  For purposes of this Section, "final average salary"
 4    means shall be the average  salary  for  the  48  consecutive
 5    months  of service in which the total salary was the highest,
 6    4 consecutive years within the last 10  years  of  creditable
 7    service  as determined under rules of the board.  The minimum
 8    final average salary shall be considered  to  be  $2,400  per
 9    year.
10        In  the determination of final average salary for members
11    other than elected officials and their appointees  when  such
12    appointees  are  allowed  by statute, that part of a member's
13    salary for any year  beginning  after  June  30,  1979  which
14    exceeds  the  member's  annual full-time salary rate with the
15    same employer for the preceding year by more than  20%  shall
16    be  excluded.    The exclusion shall not apply in any year in
17    which the member's creditable earnings are less than  50%  of
18    the  preceding  year's  mean salary for downstate teachers as
19    determined by the survey of school district salaries provided
20    in Section 2-3.103 of the School Code.
21        (c)  In determining the amount of the retirement  annuity
22    under  paragraph (B) of this Section, a fractional year shall
23    be granted proportional credit.
24        (d)  The retirement annuity  determined  under  paragraph
25    (B)  of  this  Section shall be available only to members who
26    render teaching service after July 1, 1947 for  which  member
27    contributions  are  required,  and to annuitants who re-enter
28    under the provisions of Section 16-150.
29        (e)  The  maximum  retirement  annuity   provided   under
30    paragraph  (B)  of this Section shall be 75% of final average
31    salary.
32        (f)  A member retiring after the effective date  of  this
33    amendatory  Act  of 1998 shall receive a pension equal to 75%
34    of final average salary if the member is qualified to receive
 
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 1    a retirement annuity equal to at least 74.6% of final average
 2    salary under this Article or as proportional annuities  under
 3    Article 20 of this Code.
 4    (Source: P.A.  90-582,  eff.  5-27-98;  91-17,  eff.  6-4-99;
 5    91-887, eff. 7-6-00; 91-927, eff. 12-14-00.)

 6        (40 ILCS 5/16-140) (from Ch. 108 1/2, par. 16-140)
 7        Sec. 16-140.  Survivors' benefits - definitions.
 8        (a)  For the purpose of Sections 16-138 through 16-143.2,
 9    the following terms shall have the following meanings, unless
10    the context otherwise requires:
11             (1)  "Average salary": the average salary for the 48
12        consecutive  months  of service in which the total salary
13        was the highest 4 consecutive years within  the  last  10
14        years of creditable service immediately preceding date of
15        death  or  retirement,  whichever  is  applicable, or the
16        average salary for the total period of creditable service
17        if service is less than 4 years.
18             (2)  "Member":   any   teacher   included   in   the
19        membership of the system.  However, a teacher who becomes
20        an annuitant of the system or a  teacher  whose  services
21        terminate  after 20 years of service from any cause other
22        than retirement is considered a member,  subject  to  the
23        conditions and limitations stated in this Article.
24             (3)  "Dependent beneficiary": (A) a surviving spouse
25        of a member or annuitant who was married to the member or
26        annuitant  for  the 12 month period immediately preceding
27        and on the date of death of  such  member  or  annuitant,
28        except  where  a child is born of such marriage, in which
29        case the qualifying period shall not be applicable; (A-1)
30        a surviving spouse of a member or annuitant who  (i)  was
31        married  to  the  member  or annuitant on the date of the
32        member or annuitant's death,  (ii)  was  married  to  the
33        member  or  annuitant  for a period of at least 12 months
 
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 1        (but not necessarily the 12 months immediately  preceding
 2        the  member  or  annuitant's  death),  and  (iii) has not
 3        received a benefit under subsection (a) of Section 16-141
 4        or paragraph (1) of Section 16-142; (B) an eligible child
 5        of a member or annuitant; and (C) a dependent parent.
 6             Unless   otherwise   designated   by   the   member,
 7        eligibility for benefits shall be  in  the  order  named,
 8        except  that a dependent parent shall be eligible only if
 9        there is no other dependent beneficiary.  Any benefit  to
10        be  received  by or paid to a dependent beneficiary to be
11        determined under this paragraph as provided  in  Sections
12        16-141  and  16-142 may be received by or paid to a trust
13        established  for  such  dependent  beneficiary  if   such
14        dependent  beneficiary is living at the time such benefit
15        would be received by or paid to such trust.
16             (4)  "Eligible  child":  an  unmarried  natural   or
17        adopted  child  of  the  member or annuitant under age 18
18        (age 22 if a full-time student).  An unmarried natural or
19        adopted child, regardless of age,  who  is  dependent  by
20        reason  of  a  physical  or mental disability, except any
21        such child receiving benefits under Article  III  of  the
22        Illinois Public Aid Code, is eligible for so long as such
23        physical  or  mental  disability  continues.   An adopted
24        child, however, is eligible only if the  proceedings  for
25        adoption were finalized while the child was a minor.
26             For  purposes of this subsection, "disability" means
27        an  inability  to  engage  in  any  substantial   gainful
28        activity by reason of any medically determinable physical
29        or  mental  impairment which can be expected to result in
30        death or which has lasted or can be expected to last  for
31        a continuous period of not less than 12 months.
32             The  changes  made  to  this  Section  by Public Act
33        90-448,  relating  to  benefits  for  certain   unmarried
34        children  who  are full-time students under age 22, apply
 
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 1        without regard to whether  the  deceased  member  was  in
 2        service  on  or  after  the  effective  date of that Act.
 3        These changes do not authorize the repayment of a  refund
 4        or a re-election of benefits, and any benefit or increase
 5        in  benefits  resulting from these changes is not payable
 6        retroactively for any period before the effective date of
 7        that Act.
 8             (5)  "Dependent parent": a parent who was  receiving
 9        at  least  1/2  of  his  or  her support from a member or
10        annuitant for the 12-month period  immediately  preceding
11        and  on  the  date of such member's or annuitant's death,
12        provided however, that such dependent  status  terminates
13        upon  a  member's  acceptance  of  a  refund for survivor
14        benefit contributions as provided under Section 16-142.
15             (6)  "Non-dependent   beneficiary":   any    person,
16        organization or other entity designated by the member who
17        does not qualify as a dependent beneficiary.
18             (7)  "In  service":  the condition of a member being
19        in receipt of salary as a teacher at any time  within  12
20        months  immediately  before  his  or  her death, being on
21        leave of absence for which the  member,  upon  return  to
22        teaching,  would  be  eligible to purchase service credit
23        under subsection (b)(5) of Section 16-127,  or  being  in
24        receipt   of  a  disability  or  occupational  disability
25        benefit.  This term does not  include  any  annuitant  or
26        member  who  previously  accepted  a  refund  of survivor
27        benefit contributions  under  paragraph  (1)  of  Section
28        16-142  unless the conditions specified in subsection (b)
29        of Section 16-143.2 are met.
30        (b)  The change to this Section made by Public Act 90-511
31    applies without regard to  whether  the  deceased  member  or
32    annuitant  was  in  service on or after the effective date of
33    that Act.
34        The change to this Section made by this amendatory Act of
 
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 1    the 91st General Assembly applies without regard  to  whether
 2    the  deceased  member or annuitant was in service on or after
 3    the effective date of this amendatory Act.
 4    (Source: P.A. 90-448, eff.  8-16-97;  90-511,  eff.  8-22-97;
 5    90-655, eff. 7-30-98; 91-887, eff. 7-6-00.)

 6        Section  99.  Effective date.  This Act takes effect upon
 7    becoming law.

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