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92_SB0779 LRB9204328EGfgA 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 7-141, 7-142, 7-168, and 7-174 as follows: 6 (40 ILCS 5/7-141) (from Ch. 108 1/2, par. 7-141) 7 Sec. 7-141. Retirement annuities - Conditions. 8 Retirement annuities shall be payable as hereinafter set 9 forth: 10 (a) A participating employee who, regardless of cause, 11 is separated from the service of all participating 12 municipalities and instrumentalities thereof and 13 participating instrumentalities shall be entitled to a 14 retirement annuity provided: 15 1. He is at least age 55, or in the case of a 16 person who is eligible to have his annuity calculated 17 under Section 7-142.1, he is at least age 50; 18 2. He is (i) an employee who was employed by any 19 participating municipality or participating 20 instrumentality which had not elected to exclude persons 21 employed in positions normally requiring performance of 22 duty for less than 1000 hours per year or was employed in 23 a position normally requiring performance of duty for 600 24 hours or more per year prior to such election by any 25 participating municipality or participating 26 instrumentality included in and subject to this Article 27 on or before the effective date of this amendatory Act of 28 1981 which made such election and is not entitled to 29 receive earnings for employment in a position normally 30 requiring performance of duty for 600 hours or more per 31 year for any participating municipality and -2- LRB9204328EGfgA 1 instrumentalities thereof and participating 2 instrumentality; or (ii) an employee who was employed 3 only by a participating municipality or participating 4 instrumentality, or participating municipalities or 5 participating instrumentalities, which have elected to 6 exclude persons in positions normally requiring 7 performance of duty for less than 1000 hours per year 8 after the effective date of such exclusion or which are 9 included under and subject to the Article after the 10 effective date of this amendatory Act of 1981 and elects 11 to exclude persons in such positions, and is not entitled 12 to receive earnings for employment in a position normally 13 requiring performance of duty for 1000 hours or more per 14 year by such a participating municipality or 15 participating instrumentality; 16 3. The amount of his annuity, before the 17 application of paragraph (b) of Section 7-142 is at least 18 $10 per month; 19 4. If he first became a participating employee 20 after December 31, 1961, he has at least 5 years8 years21 of service. This service requirement shall not apply to 22 any participating employee, regardless of participation 23 date, if the General Assembly terminates the Fund. 24 (b) Retirement annuities shall be payable: 25 1. As provided in Section 7-119; 26 2. Except as provided in item 3, upon receipt by 27 the fund of a written application. The effective date 28 may be not more than one year prior to the date of the 29 receipt by the fund of the application; 30 3. Upon attainment of age 70 1/2 if the member (i) 31 is no longer in service, and (ii) is otherwise entitled 32 to an annuity under this Article; 33 4. To the beneficiary of the deceased annuitant for 34 the unpaid amount accrued to date of death, if any. -3- LRB9204328EGfgA 1 (Source: P.A. 91-887, eff. 7-6-00.) 2 (40 ILCS 5/7-142) (from Ch. 108 1/2, par. 7-142) 3 Sec. 7-142. Retirement annuities - Amount. 4 (a) The amount of a retirement annuity shall be the sum 5 of the following, determined in accordance with the actuarial 6 tables in effect at the time of the grant of the annuity: 7 1. For employees with 5 or8 ormore years of 8 service, an annuity computed pursuant to subparagraphs a 9 or b of this subparagraph 1, whichever is the higher, and 10 for employees with less than 5 years8 yearsof service, 11 the annuity computed pursuant to subparagraph a: 12 a. The monthly annuity which can be provided 13 from the total accumulated normal, municipality and 14 prior service credits, as of the attained age of the 15 employee on the date the annuity begins provided 16 that such annuity shall not exceed 75% of the final 17 rate of earnings of the employee. 18 b. (i) The monthly annuity amount determined 19 as follows by multiplying (a) 1 2/3% for annuitants 20 with not more than 15 years or (b) 1 2/3% for the 21 first 15 years and 2% for each year in excess of 15 22 years for annuitants with more than 15 years by the 23 number of years plus fractional years, prorated on a 24 basis of months, of creditable service and multiply 25 the product thereof by the employee's final rate of 26 earnings. 27 (ii) For the sole purpose of computing the 28 formula (and not for the purposes of the limitations 29 hereinafter stated) $125 shall be considered the 30 final rate of earnings in all cases where the final 31 rate of earnings is less than such amount. 32 (iii) The monthly annuity computed in 33 accordance with this subparagraph b, shall not -4- LRB9204328EGfgA 1 exceed an amount equal to 75% of the final rate of 2 earnings. 3 (iv) For employees who have less than 35 years 4 of service, the annuity computed in accordance with 5 this subparagraph b (as reduced by application of 6 subparagraph (iii) above) shall be reduced by 0.25% 7 thereof (0.5% if service was terminated before 8 January 1, 1988) for each month or fraction thereof 9 (1) that the employee's age is less than 60 years, 10 or (2) if the employee has at least 30 years of 11 service credit, that the employee's service credit 12 is less than 35 years, whichever is less, on the 13 date the annuity begins. 14 2. The annuity which can be provided from the total 15 accumulated additional credits as of the attained age of 16 the employee on the date the annuity begins. 17 (b) If payment of an annuity begins prior to the 18 earliest age at which the employee will become eligible for 19 an old age insurance benefit under the Federal Social 20 Security Act, he may elect that the annuity payments from 21 this fund shall exceed those payable after his attaining such 22 age by an amount, computed as determined by rules of the 23 Board, but not in excess of his estimated Social Security 24 Benefit, determined as of the effective date of the annuity, 25 provided that in no case shall the total annuity payments 26 made by this fund exceed in actuarial value the annuity which 27 would have been payable had no such election been made. 28 (c) The retirement annuity shall be increased each year 29 by 2%, not compounded, of the monthly amount of annuity, 30 taking into consideration any adjustment under paragraph (b) 31 of this Section. This increase shall be effective each 32 January 1 and computed from the effective date of the 33 retirement annuity, the first increase being .167% of the 34 monthly amount times the number of months from the effective -5- LRB9204328EGfgA 1 date to January 1. Beginning January 1, 1984 and thereafter, 2 the retirement annuity shall be increased by 3% each year, 3 not compounded. This increase shall not be applicable to 4 annuitants who are not in service on or after September 8, 5 1971. 6 (Source: P.A. 91-357, eff. 7-29-99.) 7 (40 ILCS 5/7-168) (from Ch. 108 1/2, par. 7-168) 8 Sec. 7-168. Separation benefits - Amount. The amount of 9 the separation benefitbenefitsshall be the sum of the 10 employee's accumulated normal, survivor, and additional 11 contributions. Separation benefits paid on or after the 12 effective date of this amendatory Act of the 92nd General 13 Assembly may also include interest on the refunded 14 contributions, calculated at a rate and in a manner 15 determined by the Board. 16 (Source: P.A. 87-740.) 17 (40 ILCS 5/7-174) (from Ch. 108 1/2, par. 7-174) 18 Sec. 7-174. Board created. 19 (a) A board of 8 members shall constitute a board of 20 trustees authorized to carry out the provisions of this 21 Article. Each trustee shall be a participating employee of a 22 participating municipality or participating instrumentality 23 or an annuitant of the Fund and no person shall be eligible 24 to become a trusteeafter January 1, 1979who does not have 25 at least 5 years8 yearsof creditable service. 26 (b) The board shall consist of representatives of 27 various groups as follows: 28 1. 4 trustees shall be a chief executive officer, 29 chief finance officer, or other officer, executive or 30 department head of a participating municipality or 31 participating instrumentality, and each such trustee 32 shall be designated as an executive trustee. -6- LRB9204328EGfgA 1 2. 3 trustees shall be employees of a participating 2 municipality or participating instrumentality and each 3 such trustee shall be designated as an employee trustee. 4 3. One trustee shall be an annuitant of the Fund, 5 who shall be designated the annuitant trustee. 6 (c) A person elected as a trustee shall qualify as a 7 trustee, after declaration by the board that he has been duly 8 elected, upon taking and subscribing to the constitutional 9 oath of office and filing same in the office of the Fund. 10 (d) The term of office of each trustee shall begin upon 11 January 1 of the year following the year in which he is 12 elected and shall continue for a period of 5 years and until 13 a successor has been elected and qualified, or until prior 14 resignation, death, incapacity or disqualification. 15 (e) Any elected trustee (other than the annuitant 16 trustee) shall be disqualified immediately upon termination 17 of employment with all participating municipalities and 18 instrumentalities thereof or upon any change in status which 19 removes any such trustee from all employments within the 20 group he represents. The annuitant trustee shall be 21 disqualified upon termination of his or her annuity. 22 (f) The trustees shall fill any vacancy in the board by 23 appointment, for the period until the next election of 24 trustees, or, if the remaining term is less than 2 years, for 25 the remainder of the term, and until his successor has been 26 elected and qualified. 27 (g) Trustees shall serve without compensation, but shall 28 be reimbursed for any reasonable expenses incurred in 29 attending meetings of the board and in performing duties on 30 behalf of the Fund and for the amount of any earnings 31 withheld by any employing municipality or participating 32 instrumentality because of attendance at any board meeting. 33 (h) Each trustee other than the annuitant trustee shall 34 be entitled to one vote on any and all actions before the -7- LRB9204328EGfgA 1 board; the annuitant trustee is not entitled to vote on any 2 matter. At least 4 concurring votes shall be necessary for 3 every decision or action by the board at any of its meetings. 4 No decision or action shall become effective unless presented 5 and so approved at a regular or duly called special meeting 6 of the board. 7 (Source: P.A. 89-136, eff. 7-14-95.) 8 Section 90. The State Mandates Act is amended by adding 9 Section 8.25 as follows: 10 (30 ILCS 805/8.25 new) 11 Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 12 and 8 of this Act, no reimbursement by the State is required 13 for the implementation of any mandate created by this 14 amendatory Act of the 92nd General Assembly. 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.