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Public Act 102-0871


 

Public Act 0871 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0871
 
SB3954 EnrolledLRB102 23200 RPS 32362 b

    AN ACT concerning public employee benefits.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pension Code is amended by
changing Sections 16-132 and 16-203 as follows:
 
    (40 ILCS 5/16-132)  (from Ch. 108 1/2, par. 16-132)
    (Text of Section WITHOUT the changes made by P.A. 98-599,
which has been held unconstitutional)
    Sec. 16-132. Retirement annuity eligibility. A member who
has at least 20 years of creditable service is entitled to a
retirement annuity upon or after attainment of age 55. A
member who has at least 10 but less than 20 years of creditable
service is entitled to a retirement annuity upon or after
attainment of age 60. A member who has at least 5 but less than
10 years of creditable service is entitled to a retirement
annuity upon or after attainment of age 62. A member who (i)
has earned during the period immediately preceding the last
day of service at least one year of contributing creditable
service as an employee of a department as defined in Section
14-103.04, (ii) has earned at least 5 years of contributing
creditable service as an employee of a department as defined
in Section 14-103.04, and (iii) retires on or after January 1,
2001 is entitled to a retirement annuity upon or after
attainment of an age which, when added to the number of years
of his or her total creditable service, equals at least 85.
Portions of years shall be counted as decimal equivalents.
    A member who is eligible to receive a retirement annuity
of at least 74.6% of final average salary and will attain age
55 on or before December 31 during the year which commences on
July 1 shall be deemed to attain age 55 on the preceding June
1.
    A member meeting the above eligibility conditions is
entitled to a retirement annuity upon written application to
the board setting forth the date the member wishes the
retirement annuity to commence. However, the effective date of
the retirement annuity shall be no earlier than the day
following the last day of creditable service, regardless of
the date of official termination of employment; except that
the effective date of a retirement annuity may be after the
date of official termination of employment as long as such
employment is for (1) less than 10 days in length and (2) less
than $2,000 in compensation.
    To be eligible for a retirement annuity, a member shall
not be employed as a teacher in the schools included under this
System or under Article 17, except (i) as provided in Section
16-118 or 16-150.1, (ii) if the member is disabled (in which
event, eligibility for salary must cease), or (iii) if the
System is required by federal law to commence payment due to
the member's age; the changes to this sentence made by this
amendatory Act of the 93rd General Assembly apply without
regard to whether the member terminated employment before or
after its effective date.
(Source: P.A. 93-320, eff. 7-23-03.)
 
    (40 ILCS 5/16-203)
    Sec. 16-203. Application and expiration of new benefit
increases.
    (a) As used in this Section, "new benefit increase" means
an increase in the amount of any benefit provided under this
Article, or an expansion of the conditions of eligibility for
any benefit under this Article, that results from an amendment
to this Code that takes effect after June 1, 2005 (the
effective date of Public Act 94-4). "New benefit increase",
however, does not include any benefit increase resulting from
the changes made to Article 1 or this Article by Public Act
95-910, Public Act 100-23, Public Act 100-587, Public Act
100-743, Public Act 100-769, Public Act 101-10, or Public Act
101-49, Public Act 102-16, or this amendatory Act of the 102nd
General Assembly this amendatory Act of the 102nd General
Assembly.
    (b) Notwithstanding any other provision of this Code or
any subsequent amendment to this Code, every new benefit
increase is subject to this Section and shall be deemed to be
granted only in conformance with and contingent upon
compliance with the provisions of this Section.
    (c) The Public Act enacting a new benefit increase must
identify and provide for payment to the System of additional
funding at least sufficient to fund the resulting annual
increase in cost to the System as it accrues.
    Every new benefit increase is contingent upon the General
Assembly providing the additional funding required under this
subsection. The Commission on Government Forecasting and
Accountability shall analyze whether adequate additional
funding has been provided for the new benefit increase and
shall report its analysis to the Public Pension Division of
the Department of Insurance. A new benefit increase created by
a Public Act that does not include the additional funding
required under this subsection is null and void. If the Public
Pension Division determines that the additional funding
provided for a new benefit increase under this subsection is
or has become inadequate, it may so certify to the Governor and
the State Comptroller and, in the absence of corrective action
by the General Assembly, the new benefit increase shall expire
at the end of the fiscal year in which the certification is
made.
    (d) Every new benefit increase shall expire 5 years after
its effective date or on such earlier date as may be specified
in the language enacting the new benefit increase or provided
under subsection (c). This does not prevent the General
Assembly from extending or re-creating a new benefit increase
by law.
    (e) Except as otherwise provided in the language creating
the new benefit increase, a new benefit increase that expires
under this Section continues to apply to persons who applied
and qualified for the affected benefit while the new benefit
increase was in effect and to the affected beneficiaries and
alternate payees of such persons, but does not apply to any
other person, including, without limitation, a person who
continues in service after the expiration date and did not
apply and qualify for the affected benefit while the new
benefit increase was in effect.
(Source: P.A. 101-10, eff. 6-5-19; 101-49, eff. 7-12-19;
101-81, eff. 7-12-19; 102-16, eff. 6-17-21; 102-558, eff.
8-20-21; revised 10-15-21.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/13/2022