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Public Act 102-0719


 

Public Act 0719 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0719
 
HB1568 EnrolledLRB102 03599 RJF 13612 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Revenue Law of the Civil
Administrative Code of Illinois is amended by adding Section
2505-306 as follows:
 
    (20 ILCS 2505/2505-306 new)
    Sec. 2505-306. Retiring investigators; purchase of service
firearm and badge. The Director shall establish a program to
allow a Department investigator who is honorably retiring in
good standing to purchase either one or both of the following:
(1) any badge previously issued to the investigator by the
Department; or (2) if the investigator has a currently valid
Firearm Owner's Identification Card, the service firearm
issued or previously issued to the investigator by the
Department. The cost of the firearm shall be the replacement
value of the firearm and not the firearm's fair market value.
 
    Section 10. The Illinois Pension Code is amended by
changing Section 1-160 as follows:
 
    (40 ILCS 5/1-160)
    Sec. 1-160. Provisions applicable to new hires.
    (a) The provisions of this Section apply to a person who,
on or after January 1, 2011, first becomes a member or a
participant under any reciprocal retirement system or pension
fund established under this Code, other than a retirement
system or pension fund established under Article 2, 3, 4, 5, 6,
7, 15, or 18 of this Code, notwithstanding any other provision
of this Code to the contrary, but do not apply to any
self-managed plan established under this Code or to any
participant of the retirement plan established under Section
22-101; except that this Section applies to a person who
elected to establish alternative credits by electing in
writing after January 1, 2011, but before August 8, 2011,
under Section 7-145.1 of this Code. Notwithstanding anything
to the contrary in this Section, for purposes of this Section,
a person who is a Tier 1 regular employee as defined in Section
7-109.4 of this Code or who participated in a retirement
system under Article 15 prior to January 1, 2011 shall be
deemed a person who first became a member or participant prior
to January 1, 2011 under any retirement system or pension fund
subject to this Section. The changes made to this Section by
Public Act 98-596 are a clarification of existing law and are
intended to be retroactive to January 1, 2011 (the effective
date of Public Act 96-889), notwithstanding the provisions of
Section 1-103.1 of this Code.
    This Section does not apply to a person who first becomes a
noncovered employee under Article 14 on or after the
implementation date of the plan created under Section 1-161
for that Article, unless that person elects under subsection
(b) of Section 1-161 to instead receive the benefits provided
under this Section and the applicable provisions of that
Article.
    This Section does not apply to a person who first becomes a
member or participant under Article 16 on or after the
implementation date of the plan created under Section 1-161
for that Article, unless that person elects under subsection
(b) of Section 1-161 to instead receive the benefits provided
under this Section and the applicable provisions of that
Article.
    This Section does not apply to a person who elects under
subsection (c-5) of Section 1-161 to receive the benefits
under Section 1-161.
    This Section does not apply to a person who first becomes a
member or participant of an affected pension fund on or after 6
months after the resolution or ordinance date, as defined in
Section 1-162, unless that person elects under subsection (c)
of Section 1-162 to receive the benefits provided under this
Section and the applicable provisions of the Article under
which he or she is a member or participant.
    (b) "Final average salary" means, except as otherwise
provided in this subsection, the average monthly (or annual)
salary obtained by dividing the total salary or earnings
calculated under the Article applicable to the member or
participant during the 96 consecutive months (or 8 consecutive
years) of service within the last 120 months (or 10 years) of
service in which the total salary or earnings calculated under
the applicable Article was the highest by the number of months
(or years) of service in that period. For the purposes of a
person who first becomes a member or participant of any
retirement system or pension fund to which this Section
applies on or after January 1, 2011, in this Code, "final
average salary" shall be substituted for the following:
        (1) (Blank).
        (2) In Articles 8, 9, 10, 11, and 12, "highest average
    annual salary for any 4 consecutive years within the last
    10 years of service immediately preceding the date of
    withdrawal".
        (3) In Article 13, "average final salary".
        (4) In Article 14, "final average compensation".
        (5) In Article 17, "average salary".
        (6) In Section 22-207, "wages or salary received by
    him at the date of retirement or discharge".
    A member of the Teachers' Retirement System of the State
of Illinois who retires on or after June 1, 2021 and for whom
the 2020-2021 school year is used in the calculation of the
member's final average salary shall use the higher of the
following for the purpose of determining the member's final
average salary:
        (A) the amount otherwise calculated under the first
    paragraph of this subsection; or
        (B) an amount calculated by the Teachers' Retirement
    System of the State of Illinois using the average of the
    monthly (or annual) salary obtained by dividing the total
    salary or earnings calculated under Article 16 applicable
    to the member or participant during the 96 months (or 8
    years) of service within the last 120 months (or 10 years)
    of service in which the total salary or earnings
    calculated under the Article was the highest by the number
    of months (or years) of service in that period.
    (b-5) Beginning on January 1, 2011, for all purposes under
this Code (including without limitation the calculation of
benefits and employee contributions), the annual earnings,
salary, or wages (based on the plan year) of a member or
participant to whom this Section applies shall not exceed
$106,800; however, that amount shall annually thereafter be
increased by the lesser of (i) 3% of that amount, including all
previous adjustments, or (ii) one-half the annual unadjusted
percentage increase (but not less than zero) in the consumer
price index-u for the 12 months ending with the September
preceding each November 1, including all previous adjustments.
    For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the
average change in prices of goods and services purchased by
all urban consumers, United States city average, all items,
1982-84 = 100. The new amount resulting from each annual
adjustment shall be determined by the Public Pension Division
of the Department of Insurance and made available to the
boards of the retirement systems and pension funds by November
1 of each year.
    (c) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained age
67 (age 65, with respect to service under Article 12 that is
subject to this Section, for a member or participant under
Article 12 who first becomes a member or participant under
Article 12 on or after January 1, 2022 or who makes the
election under item (i) of subsection (d-15) of this Section)
and has at least 10 years of service credit and is otherwise
eligible under the requirements of the applicable Article.
    A member or participant who has attained age 62 (age 60,
with respect to service under Article 12 that is subject to
this Section, for a member or participant under Article 12 who
first becomes a member or participant under Article 12 on or
after January 1, 2022 or who makes the election under item (i)
of subsection (d-15) of this Section) and has at least 10 years
of service credit and is otherwise eligible under the
requirements of the applicable Article may elect to receive
the lower retirement annuity provided in subsection (d) of
this Section.
    (c-5) A person who first becomes a member or a participant
subject to this Section on or after July 6, 2017 (the effective
date of Public Act 100-23), notwithstanding any other
provision of this Code to the contrary, is entitled to a
retirement annuity under Article 8 or Article 11 upon written
application if he or she has attained age 65 and has at least
10 years of service credit and is otherwise eligible under the
requirements of Article 8 or Article 11 of this Code,
whichever is applicable.
    (d) The retirement annuity of a member or participant who
is retiring after attaining age 62 (age 60, with respect to
service under Article 12 that is subject to this Section, for a
member or participant under Article 12 who first becomes a
member or participant under Article 12 on or after January 1,
2022 or who makes the election under item (i) of subsection
(d-15) of this Section) with at least 10 years of service
credit shall be reduced by one-half of 1% for each full month
that the member's age is under age 67 (age 65, with respect to
service under Article 12 that is subject to this Section, for a
member or participant under Article 12 who first becomes a
member or participant under Article 12 on or after January 1,
2022 or who makes the election under item (i) of subsection
(d-15) of this Section).
    (d-5) The retirement annuity payable under Article 8 or
Article 11 to an eligible person subject to subsection (c-5)
of this Section who is retiring at age 60 with at least 10
years of service credit shall be reduced by one-half of 1% for
each full month that the member's age is under age 65.
    (d-10) Each person who first became a member or
participant under Article 8 or Article 11 of this Code on or
after January 1, 2011 and prior to July 6, 2017 (the effective
date of Public Act 100-23) this amendatory Act of the 100th
General Assembly shall make an irrevocable election either:
        (i) to be eligible for the reduced retirement age
    provided in subsections (c-5) and (d-5) of this Section,
    the eligibility for which is conditioned upon the member
    or participant agreeing to the increases in employee
    contributions for age and service annuities provided in
    subsection (a-5) of Section 8-174 of this Code (for
    service under Article 8) or subsection (a-5) of Section
    11-170 of this Code (for service under Article 11); or
        (ii) to not agree to item (i) of this subsection
    (d-10), in which case the member or participant shall
    continue to be subject to the retirement age provisions in
    subsections (c) and (d) of this Section and the employee
    contributions for age and service annuity as provided in
    subsection (a) of Section 8-174 of this Code (for service
    under Article 8) or subsection (a) of Section 11-170 of
    this Code (for service under Article 11).
    The election provided for in this subsection shall be made
between October 1, 2017 and November 15, 2017. A person
subject to this subsection who makes the required election
shall remain bound by that election. A person subject to this
subsection who fails for any reason to make the required
election within the time specified in this subsection shall be
deemed to have made the election under item (ii).
    (d-15) Each person who first becomes a member or
participant under Article 12 on or after January 1, 2011 and
prior to January 1, 2022 shall make an irrevocable election
either:
        (i) to be eligible for the reduced retirement age
    specified in subsections (c) and (d) of this Section, the
    eligibility for which is conditioned upon the member or
    participant agreeing to the increase in employee
    contributions for service annuities specified in
    subsection (b) of Section 12-150; or
        (ii) to not agree to item (i) of this subsection
    (d-15), in which case the member or participant shall not
    be eligible for the reduced retirement age specified in
    subsections (c) and (d) of this Section and shall not be
    subject to the increase in employee contributions for
    service annuities specified in subsection (b) of Section
    12-150.
    The election provided for in this subsection shall be made
between January 1, 2022 and April 1, 2022. A person subject to
this subsection who makes the required election shall remain
bound by that election. A person subject to this subsection
who fails for any reason to make the required election within
the time specified in this subsection shall be deemed to have
made the election under item (ii).
    (e) Any retirement annuity or supplemental annuity shall
be subject to annual increases on the January 1 occurring
either on or after the attainment of age 67 (age 65, with
respect to service under Article 12 that is subject to this
Section, for a member or participant under Article 12 who
first becomes a member or participant under Article 12 on or
after January 1, 2022 or who makes the election under item (i)
of subsection (d-15); and beginning on July 6, 2017 (the
effective date of Public Act 100-23) this amendatory Act of
the 100th General Assembly, age 65 with respect to service
under Article 8 or Article 11 for eligible persons who: (i) are
subject to subsection (c-5) of this Section; or (ii) made the
election under item (i) of subsection (d-10) of this Section)
or the first anniversary of the annuity start date, whichever
is later. Each annual increase shall be calculated at 3% or
one-half the annual unadjusted percentage increase (but not
less than zero) in the consumer price index-u for the 12 months
ending with the September preceding each November 1, whichever
is less, of the originally granted retirement annuity. If the
annual unadjusted percentage change in the consumer price
index-u for the 12 months ending with the September preceding
each November 1 is zero or there is a decrease, then the
annuity shall not be increased.
    For the purposes of Section 1-103.1 of this Code, the
changes made to this Section by Public Act 102-263 this
amendatory Act of the 102nd General Assembly are applicable
without regard to whether the employee was in active service
on or after August 6, 2021 (the effective date of Public Act
102-263) this amendatory Act of the 102nd General Assembly.
    For the purposes of Section 1-103.1 of this Code, the
changes made to this Section by Public Act 100-23 this
amendatory Act of the 100th General Assembly are applicable
without regard to whether the employee was in active service
on or after July 6, 2017 (the effective date of Public Act
100-23) this amendatory Act of the 100th General Assembly.
    (f) The initial survivor's or widow's annuity of an
otherwise eligible survivor or widow of a retired member or
participant who first became a member or participant on or
after January 1, 2011 shall be in the amount of 66 2/3% of the
retired member's or participant's retirement annuity at the
date of death. In the case of the death of a member or
participant who has not retired and who first became a member
or participant on or after January 1, 2011, eligibility for a
survivor's or widow's annuity shall be determined by the
applicable Article of this Code. The initial benefit shall be
66 2/3% of the earned annuity without a reduction due to age. A
child's annuity of an otherwise eligible child shall be in the
amount prescribed under each Article if applicable. Any
survivor's or widow's annuity shall be increased (1) on each
January 1 occurring on or after the commencement of the
annuity if the deceased member died while receiving a
retirement annuity or (2) in other cases, on each January 1
occurring after the first anniversary of the commencement of
the annuity. Each annual increase shall be calculated at 3% or
one-half the annual unadjusted percentage increase (but not
less than zero) in the consumer price index-u for the 12 months
ending with the September preceding each November 1, whichever
is less, of the originally granted survivor's annuity. If the
annual unadjusted percentage change in the consumer price
index-u for the 12 months ending with the September preceding
each November 1 is zero or there is a decrease, then the
annuity shall not be increased.
    (g) The benefits in Section 14-110 apply only if the
person is a State policeman, a fire fighter in the fire
protection service of a department, a conservation police
officer, an investigator for the Secretary of State, an arson
investigator, a Commerce Commission police officer,
investigator for the Department of Revenue or the Illinois
Gaming Board, a security employee of the Department of
Corrections or the Department of Juvenile Justice, or a
security employee of the Department of Innovation and
Technology, as those terms are defined in subsection (b) and
subsection (c) of Section 14-110. A person who meets the
requirements of this Section is entitled to an annuity
calculated under the provisions of Section 14-110, in lieu of
the regular or minimum retirement annuity, only if the person
has withdrawn from service with not less than 20 years of
eligible creditable service and has attained age 60,
regardless of whether the attainment of age 60 occurs while
the person is still in service.
    (g-5) The benefits in Section 14-110 apply if the person
is a State policeman, investigator for the Secretary of State,
conservation police officer, investigator for the Department
of Revenue or the Illinois Gaming Board, investigator for the
Office of the Attorney General, Commerce Commission police
officer, or arson investigator, as those terms are defined in
subsection (b) and subsection (c) of Section 14-110. A person
who meets the requirements of this Section is entitled to an
annuity calculated under the provisions of Section 14-110, in
lieu of the regular or minimum retirement annuity, only if the
person has withdrawn from service with not less than 20 years
of eligible creditable service and has attained age 55,
regardless of whether the attainment of age 55 occurs while
the person is still in service.
    (h) If a person who first becomes a member or a participant
of a retirement system or pension fund subject to this Section
on or after January 1, 2011 is receiving a retirement annuity
or retirement pension under that system or fund and becomes a
member or participant under any other system or fund created
by this Code and is employed on a full-time basis, except for
those members or participants exempted from the provisions of
this Section under subsection (a) of this Section, then the
person's retirement annuity or retirement pension under that
system or fund shall be suspended during that employment. Upon
termination of that employment, the person's retirement
annuity or retirement pension payments shall resume and be
recalculated if recalculation is provided for under the
applicable Article of this Code.
    If a person who first becomes a member of a retirement
system or pension fund subject to this Section on or after
January 1, 2012 and is receiving a retirement annuity or
retirement pension under that system or fund and accepts on a
contractual basis a position to provide services to a
governmental entity from which he or she has retired, then
that person's annuity or retirement pension earned as an
active employee of the employer shall be suspended during that
contractual service. A person receiving an annuity or
retirement pension under this Code shall notify the pension
fund or retirement system from which he or she is receiving an
annuity or retirement pension, as well as his or her
contractual employer, of his or her retirement status before
accepting contractual employment. A person who fails to submit
such notification shall be guilty of a Class A misdemeanor and
required to pay a fine of $1,000. Upon termination of that
contractual employment, the person's retirement annuity or
retirement pension payments shall resume and, if appropriate,
be recalculated under the applicable provisions of this Code.
    (i) (Blank).
    (j) In the case of a conflict between the provisions of
this Section and any other provision of this Code, the
provisions of this Section shall control.
(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
102-210, eff. 1-1-22; 102-263, eff. 8-6-21; revised 9-28-21.)
 
    Section 15. The Law Enforcement Intern Training Act is
amended by adding Section 24 as follows:
 
    (50 ILCS 708/24 new)
    Sec. 24. Transfer credits from public institutions of
higher education.
    (a) As used in this Section, "public institutions of
higher education" has the meaning ascribed to that term in the
Board of Higher Education Act.
    (b) The Board shall collaborate with the Illinois
Community College Board and the Board of Higher Education to
create a report with recommendations to the General Assembly
for establishing minimum requirements for credits that may
transfer from public institutions of higher education to
satisfy the requirements of law enforcement and correctional
intern courses under this Act.
    (c) The report shall be submitted to the General Assembly
no later than July 1, 2023.
 
    Section 20. The Counties Code is amended by adding Section
3-6042 as follows:
 
    (55 ILCS 5/3-6042 new)
    Sec. 3-6042. Retiring employee; purchase of service
firearm and badge. Each Sheriff shall establish a program to
allow an employee of the Sheriff's Department who is honorably
retiring in good standing to purchase either one or both of the
following: (1) any badge previously issued to the employee by
the Sheriff's Department; or (2) if the employee has a
currently valid Firearm Owner's Identification Card, the
service firearm issued or previously issued to the employee by
the Sheriff's Department. The badge must be permanently and
conspicuously marked in such a manner that the individual who
possesses the badge is not mistaken for an actively serving
law enforcement officer. The cost of the firearm shall be the
replacement value of the firearm and not the firearm's fair
market value.
 
    Section 25. The Illinois Gambling Act is amended by adding
Section 5.4 as follows:
 
    (230 ILCS 10/5.4 new)
    Sec. 5.4. Retiring investigators; purchase of service
firearm and badge. The Board shall establish a program to
allow an investigator appointed under paragraph (20.6) of
subsection (c) of Section 4 who is honorably retiring in good
standing to purchase either one or both of the following: (1)
any badge previously issued to the investigator by the Board;
or (2) if the investigator has a currently valid Firearm
Owner's Identification Card, the service firearm issued or
previously issued to the investigator by the Board. The badge
must be permanently and conspicuously marked in such a manner
that the individual who possesses the badge is not mistaken
for an actively serving law enforcement officer. The cost of
the firearm shall be the replacement value of the firearm and
not the firearm's fair market value.
 
    Section 30. The Unified Code of Corrections is amended by
adding Section 3-2-10.5 as follows:
 
    (730 ILCS 5/3-2-10.5 new)
    Sec. 3-2-10.5. Retiring security employees and parole
agents; purchase of service firearm and badge. The Director
shall establish a program to allow a security employee or
parole agent of the Department who is honorably retiring in
good standing to purchase either one or both of the following:
(1) any badge previously issued to the security employee or
parole agent by the Department; or (2) if the security
employee or parole agent has a currently valid Firearm Owner's
Identification Card, the service firearm issued or previously
issued to the security employee or parole agent by the
Department. The badge must be permanently and conspicuously
marked in such a manner that the individual who possesses the
badge is not mistaken for an actively serving law enforcement
officer. The cost of the firearm shall be the replacement
value of the firearm and not the firearm's fair market value.
 
    Section 35. The Probation and Probation Officers Act is
amended by adding Section 15.2 as follows:
 
    (730 ILCS 110/15.2 new)
    Sec. 15.2. Retiring probation officer; purchase of service
firearm and badge. Each department shall establish a program
to allow a probation officer of the department who is
honorably retiring in good standing to purchase either one or
both of the following: (1) any badge previously issued to the
probation officer by the department; or (2) if the probation
officer has a currently valid Firearm Owner's Identification
Card, the service firearm issued or previously issued to the
probation officer by the department. The badge must be
permanently and conspicuously marked in such a manner that the
individual who possesses the badge is not mistaken for an
actively serving law enforcement officer. The cost of the
firearm shall be the replacement value of the firearm and not
the firearm's fair market value.
 
    Section 99. Effective date. This Act takes effect upon
becoming law, except that Section 15 takes effect January 1,
2023.

Effective Date: 5/6/2022