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Public Act 92-0416
HB2157 Enrolled LRB9205315LDcs
AN ACT in relation to 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 16-106, 16-118, 16-129.1, 17-106, 17-116.3,
17-116.4, 17-119.1, 17-121, and 17-149 as follows:
(40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
Sec. 16-106. Teacher. "Teacher": The following
individuals, provided that, for employment prior to July 1,
1990, they are employed on a full-time basis, or if not
full-time, on a permanent and continuous basis in a position
in which services are expected to be rendered for at least
one school term:
(1) Any educational, administrative, professional
or other staff employed in the public common schools
included within this system in a position requiring
certification under the law governing the certification
of teachers;
(2) Any educational, administrative, professional
or other staff employed in any facility of the Department
of Children and Family Services or the Department of
Human Services, in a position requiring certification
under the law governing the certification of teachers,
and any person who (i) works in such a position for the
Department of Corrections, (ii) was a member of this
System on May 31, 1987, and (iii) did not elect to become
a member of the State Employees' Retirement System
pursuant to Section 14-108.2 of this Code;
(3) Any regional superintendent of schools,
assistant regional superintendent of schools, State
Superintendent of Education; any person employed by the
State Board of Education as an executive; any executive
of the boards engaged in the service of public common
school education in school districts covered under this
system of which the State Superintendent of Education is
an ex-officio member;
(4) Any employee of a school board association
operating in compliance with Article 23 of the School
Code who is certificated under the law governing the
certification of teachers;
(5) Any person employed by the retirement system
who:
(i) was an employee of and a participant in
the system on the effective date of this amendatory
Act of the 92nd General Assembly, or
(ii) becomes an employee of the system on or
after the effective date of this amendatory Act of
the 92nd General Assembly; as an executive, and any
person employed by the retirement system who is
certificated under the law governing the
certification of teachers;
(6) Any educational, administrative, professional
or other staff employed by and under the supervision and
control of a regional superintendent of schools, provided
such employment position requires the person to be
certificated under the law governing the certification of
teachers and is in an educational program serving 2 or
more districts in accordance with a joint agreement
authorized by the School Code or by federal legislation;
(7) Any educational, administrative, professional
or other staff employed in an educational program
serving 2 or more school districts in accordance with a
joint agreement authorized by the School Code or by
federal legislation and in a position requiring
certification under the laws governing the certification
of teachers;
(8) Any officer or employee of a statewide teacher
organization or officer of a national teacher
organization who is certified under the law governing
certification of teachers, provided: (i) the individual
had previously established creditable service under this
Article, (ii) the individual files with the system an
irrevocable election to become a member, and (iii) the
individual does not receive credit for such service under
any other Article of this Code;
(9) Any educational, administrative, professional,
or other staff employed in a charter school operating in
compliance with the Charter Schools Law who is
certificated under the law governing the certification of
teachers.
An annuitant receiving a retirement annuity under this
Article or under Article 17 of this Code who is temporarily
employed by a board of education or other employer not
exceeding that permitted under Section 16-118 is not a
"teacher" for purposes of this Article. A person who has
received a single-sum retirement benefit under Section
16-136.4 of this Article is not a "teacher" for purposes of
this Article.
(Source: P.A. 89-450, eff. 4-10-96; 89-507, eff. 7-1-97;
90-14, eff. 7-1-97; 90-448, eff. 8-16-97.)
(40 ILCS 5/16-118) (from Ch. 108 1/2, par. 16-118)
Sec. 16-118. Retirement. "Retirement": Entry upon a
retirement annuity or receipt of a single-sum retirement
benefit granted under this Article after termination of
active service as a teacher.
An annuitant receiving a retirement annuity other than a
disability retirement annuity may accept employment as a
teacher from a school board or other employer specified in
Section 16-106 without impairing retirement status if that
employment: (1) is not within the school year during which
service was terminated; and (2) does not exceed 100 paid days
or 500 paid hours in any school year (during the period
beginning July 1, 2001 through June 30, 2006, 120 paid days
or 600 paid hours in each school year). Where such permitted
employment is partly on a daily and partly on an hourly
basis, a day shall be considered as 5 hours.
(Source: P.A. 86-273; 87-11; 87-794; 87-895.)
(40 ILCS 5/16-129.1)
Sec. 16-129.1. Optional increase in retirement annuity.
(a) A member of the System may qualify for the augmented
rate under subdivision (a)(B)(1) of Section 16-133 for all
years of creditable service earned before July 1, 1998 by
making the optional contribution specified in subsection (b).
A member may not elect to qualify for the augmented rate for
only a portion of his or her creditable service earned before
July 1, 1998.
(b) The contribution shall be an amount equal to 1.0% of
the member's highest salary rate in the 4 consecutive school
years immediately prior to but not including the school year
in which the application occurs, multiplied by the number of
years of creditable service earned by the member before July
1, 1998 or 20, whichever is less. This contribution shall be
reduced by 1.0% of that salary rate for every 3 full years of
creditable service earned by the member after June 30, 1998.
The contribution shall be further reduced at the rate of 25%
of the contribution (as reduced for service after June 30,
1998) for each year of the member's total creditable service
in excess of 34 years. The contribution shall not in any
event exceed 20% of that salary rate.
The member shall pay to the System the amount of the
contribution as calculated at the time of application under
this Section. The amount of the contribution determined
under this subsection shall be recalculated at the time of
retirement, and if the System determines that the amount paid
by the member exceeds the recalculated amount, the System
shall refund the difference to the member with regular
interest from the date of payment to the date of refund.
The contribution required by this subsection shall be
paid in one of the following ways or in a combination of the
following ways that does not extend over more than 5 years:
(i) in a lump sum on or before the date of
retirement;
(ii) in substantially equal installments over a
period of time not to exceed 5 years, as a deduction from
salary in accordance with subsection (b) of Section
16-154;
(iii) if the member becomes an annuitant before
June 30, 2003, in substantially equal monthly
installments over a 24-month period, by reducing the
annuitant's monthly benefit over a 24-month period by the
amount of the otherwise applicable contribution. For
federal and Illinois tax purposes, the monthly amount by
which the annuitant's benefit is reduced shall not be
treated as a contribution by the annuitant, but rather as
a reduction of the annuitant's monthly benefit.
(c) If the member fails to make the full contribution
under this Section in a timely fashion, the payments made
under this Section shall be refunded to the member, without
interest. If the member dies before making the full
contribution, the payments made under this Section, together
with regular interest thereon, shall be refunded to the
member's designated beneficiary for benefits under Section
16-138.
(d) For purposes of this Section and subdivision
(a)(B)(1) of Section 16-133, optional creditable service
established by a member shall be deemed to have been earned
at the time of the employment or other qualifying event upon
which the service is based, rather than at the time the
credit was established in this System.
(e) The contributions required under this Section are
the responsibility of the teacher and not the teacher's
employer. However, an employer of teachers may, after the
effective date of this amendatory Act of 1998, specifically
agree, through collective bargaining or otherwise, to make
the contributions required by this Section on behalf of those
teachers.
(f) A person who, on or after July 1, 1998 and before
June 4, 1999, began receiving a retirement annuity calculated
at the augmented rate may apply in writing to have the
annuity recalculated to reflect the changes to this Section
and Section 16-133 that were enacted in Public Act 91-17.
The amount of any resulting decrease in the optional
contribution shall be refunded to the annuitant, without
interest. Any resulting increase in retirement annuity shall
take effect on the next annuity payment date following the
date of application under this subsection.
(Source: P.A. 90-582, eff. 5-27-98; 91-17, eff. 6-4-99.)
(40 ILCS 5/17-106) (from Ch. 108 1/2, par. 17-106)
Sec. 17-106. Contributor, member or teacher.
"Contributor", "member" or "teacher": All members of the
teaching force of the city, including principals, assistant
principals, the general superintendent of schools, deputy
superintendents of schools, associate superintendents of
schools, assistant and district superintendents of schools,
members of the Board of Examiners, all other persons whose
employment requires a teaching certificate issued under the
laws governing the certification of teachers, any
educational, administrative, professional, or other staff
employed in a charter school operating in compliance with the
Charter Schools Law who is certified under the law governing
the certification of teachers, and employees of the Board,
but excluding persons contributing concurrently to any other
public employee pension system in Illinois for the same
employment or receiving retirement pensions under another
Article of this Code for that same employment, persons
employed on an hourly basis, and persons receiving pensions
from the Fund who are employed temporarily by an Employer for
150 100 days or less in any school year and not on an annual
basis.
In the case of a person who has been making contributions
and otherwise participating in this Fund prior to the
effective date of this amendatory Act of the 91st General
Assembly, and whose right to participate in the Fund is
established or confirmed by this amendatory Act, such prior
participation in the Fund, including all contributions
previously made and service credits previously earned by the
person, are hereby validated.
The changes made to this Section and Section 17-149 by
this amendatory Act of the 92nd General Assembly apply
without regard to whether the person was in service on or
after the effective date of this amendatory Act,
notwithstanding Sections 1-103.1 and 17-157.
(Source: P.A. 90-32, eff. 6-27-97; 90-566, eff. 1-2-98;
91-887, eff. 7-6-00.)
(40 ILCS 5/17-116.3)
Sec. 17-116.3. Early retirement incentives.
(a) A teacher who is covered by a collective bargaining
agreement shall not be eligible for the early retirement
incentives provided under this Section unless the collective
bargaining agent and the Board of Education have entered into
an agreement under which the agent agrees that any payment
for accumulated unused sick days to which the employee is
entitled upon withdrawal from service may be paid by the
Board of Education in installments over a period of up to 5
years, and a copy of this agreement has been filed with the
Board of the Fund.
To be eligible for the benefits provided in this Section,
a person must:
(1) be a member of this Fund who, on or after May
1, 1993, is (i) in active payroll status as a teacher, or
(ii) on layoff status from such a position with a right
of re-employment or recall to service, or (iii) on leave
of absence from such a position, but only if the member
on leave has not been receiving a disability benefit
under this Article for a continuous period of 2 years or
more as of the date of application;
(2) have not previously received a retirement
pension under this Article;
(3) file with the Board and the Board of Education,
before August 15, 1993, a written application requesting
the benefits provided in this Section and a notice of
resignation from employment, which resignation must take
effect before September 1, 1993 unless the applicant's
retirement is delayed under subsection (e), (f), or (f-5)
of this Section;
(4) be eligible to receive a retirement pension
under this Article (for which purpose any age enhancement
or creditable service received under this Section may be
used) and elect to receive the retirement pension
beginning no earlier than June 1, 1993 and no later than
September 1, 1993 or the date established under
subsection (e), (f), or (f-5) of this Section, if
applicable;
(5) have attained age 50 (without the use of any
age enhancement or creditable service received under this
Section) by the effective date of the retirement pension;
(6) have at least 5 years of creditable service
under this Fund or any of the participating systems under
the Retirement Systems Reciprocal Act (without the use of
any creditable service received under this Section) by
the effective date of the retirement pension.
(b) An eligible person may establish up to 5 years of
creditable service under this Section. In addition, for each
period of creditable service established under this Section,
a person's age at retirement shall be deemed to be increased
by an equal period.
The creditable service established under this Section may
be used for all purposes under this Article and the
Retirement Systems Reciprocal Act, except for the purposes of
Section 17-116.1, and the determination of average salary or
compensation under this or any other Article of this Code.
The age enhancement established under this Section may be
used for all purposes under this Article (including
calculation of a proportionate pension payable by this Fund
under the Retirement Systems Reciprocal Act), except for
purposes of the reversionary pension under Section 17-120,
and distributions required by federal law on account of age.
However, age enhancement established under this Section shall
not be used in determining benefits payable under other
Articles of this Code under the Retirement Systems Reciprocal
Act.
(c) For all creditable service established under this
Section, the employer must pay to the Fund an employer
contribution consisting of 12% of the member's highest annual
full-time rate of compensation for each year of creditable
service granted under this Section.
The employer contribution shall be paid to the Fund in
one of the following ways: (i) in a single sum at the time
of the member's retirement, (ii) in equal quarterly
installments over a period of 5 years from the date of
retirement, or (iii) subject to the approval of the Board of
the Fund, in unequal installments over a period of no more
than 5 years from the date of retirement, as provided in a
payment plan designed by the Fund to accommodate the needs of
the employer. The employer's failure to make the required
contributions in a timely manner shall not affect the payment
of the retirement pension.
For all creditable service established under this
Section, the employee must pay to the Fund an employee
contribution consisting of 4% of the member's highest annual
salary rate used in the determination of the retirement
pension for each year of creditable service granted under
this Section. The employee contribution shall be deducted
from the retirement annuity in 24 monthly installments.
(d) An annuitant who has received any age enhancement or
creditable service under this Section and whose pension is
suspended or cancelled under Section 17-149 or 17-150 shall
thereby forfeit the age enhancement and creditable service.
The forfeiture of creditable service under this subsection
shall not entitle the employer to a refund of the employer
contribution paid under this Section, nor to forgiveness of
any part of that contribution that remains unpaid. The
forfeiture of creditable service under this subsection shall
not entitle the employee to a refund of the employee
contribution paid under this Section.
(e) If the number of employees of an employer that apply
for early retirement under this Section exceeds 30% of those
eligible, the employer may require that, for any or all of
the number of applicants in excess of that 30%, the starting
date of the retirement pension enhanced under this Section be
no earlier than June 1, 1994 and no later than September 1,
1994. The right to have the retirement pension begin before
June 1, 1994 shall be allocated among the applicants on the
basis of seniority in the service of that employer.
This delay applies only to persons who are applying for
early retirement incentives under this Section, and does not
prevent a person whose application for early retirement
incentives has been withdrawn from beginning to receive a
retirement pension on the earliest date upon which the person
is otherwise eligible under this Article.
(f) For a member who is notified after July 30, 1993,
but before November 29, 1993, that he or she will become a
supernumerary or reserve teacher in the 1993-1994 school
year: (1) the August 15, 1993 application deadline in
subdivision (a)(3) of this Section is extended to December
14, 1993, (2) the September 1, 1993 deadline in subdivision
(a)(4) of this Section is extended to December 14, 1993, and
(3) the member shall not be included in the calculation of
the 30% under subsection (e) and is not subject to delay in
retirement under that subsection.
(f-5) For a member who is notified after January 1,
1994, but before March 1, 1994, that he or she will become a
reserve teacher in the 1993-1994 school year: (1) the August
15, 1993 application deadline in subdivision (a)(3) of this
Section is extended to April 1, 1994; (2) the September 1,
1993 deadline in subdivision (a)(4) of this Section is
extended to April 1, 1994; and (3) the member shall not be
included in the calculation of the 30% under subsection (e)
and is not subject to delay in retirement under that
subsection.
(g) A member who receives any early retirement incentive
under Section 17-116.4, 17-116.5 or 17-116.6 may not receive
any early retirement incentive under this Section.
(h) The version of this Section included in Public Act
88-85 is intended to and shall control over the version of
this Section included in Public Act 88-89, notwithstanding
Section 6 of the Statute on Statutes. All persons qualifying
for early retirement incentives under this Section shall be
subject to the limitations and restrictions provided in the
version of this Section included in Public Act 88-85, as
amended by Public Act 88-511.
(i) In addition to the benefits provided under the other
provisions of this Section, every person who receives early
retirement benefits under this Section is entitled to one
additional year of creditable service and a corresponding
year of additional age enhancement, for which no additional
contribution is required. Every person who receives early
retirement benefits under this Section whose retirement
annuity has been calculated on the basis of a 4-year average
salary is also entitled to have the annuity recalculated on
the basis of the average salary for the 3 highest consecutive
years within the last 10 years of service.
The additional benefits provided by this subsection (i)
shall begin to accrue on the date the retirement annuity
began, notwithstanding Section 17-157. The Fund shall
recalculate all annuities originally calculated under this
Section to reflect the additional benefits provided under
this subsection and shall pay to the annuitant in a lump sum
the difference between the annuity payments paid before the
date of the recalculation and the recalculated amount of
those payments.
(Source: P.A. 88-85; 88-89; 88-511; 88-670, eff. 12-2-94.)
(40 ILCS 5/17-116.4)
Sec. 17-116.4. Early retirement incentives.
(a) A teacher who is covered by a collective bargaining
agreement shall not be eligible for the early retirement
incentives provided under this Section unless the collective
bargaining agent and the Board of Education have entered into
an agreement under which the agent agrees that any payment
for accumulated unused sick days to which the employee is
entitled upon withdrawal from service may be paid by the
Board of Education in installments over a period of up to 5
years, and a copy of this agreement has been filed with the
Board of the Fund.
To be eligible for the benefits provided in this Section,
a person must:
(1) be a member of this Fund who, on or after May
1, 1994, is (i) in active payroll status as a teacher, or
(ii) on layoff status from such a position with a right
of re-employment or recall to service, or (iii) on leave
of absence from such a position, but only if the member
on leave has not been receiving a disability benefit
under this Article for a continuous period of 2 years or
more as of the date of application;
(2) have not previously received a retirement
pension under this Article;
(3) file with the Board and the Board of Education,
before March 1, 1994, a written application requesting
the benefits provided in this Section and a notice of
resignation from employment, which resignation must take
effect no earlier than June 1, 1994 and no later than
September 1, 1994 unless the applicant's retirement is
delayed under subsection (e) of this Section;
(4) be eligible to receive a retirement pension
under this Article (for which purpose any age enhancement
or creditable service received under this Section may be
used) and elect to receive the retirement pension
beginning no earlier than June 1, 1994 and no later than
September 1, 1994 or the date established under
subsection (e) of this Section, if applicable;
(5) have attained age 50 (without the use of any
age enhancement or creditable service received under this
Section) after September 1, 1993 and no later than
September 1, 1994;
(6) have at least 5 years of creditable service
under this Fund or any of the participating systems under
the Retirement Systems Reciprocal Act (without the use of
any creditable service received under this Section) by
the effective date of the retirement pension.
(b) An eligible person may establish up to 5 years of
creditable service under this Section. In addition, for each
period of creditable service established under this Section,
a person's age at retirement shall be deemed to be increased
by an equal period.
The creditable service established under this Section may
be used for all purposes under this Article and the
Retirement Systems Reciprocal Act, except for the purposes of
Section 17-116.1, and the determination of average salary or
compensation under this or any other Article of this Code.
The age enhancement established under this Section may be
used for all purposes under this Article (including
calculation of a proportionate pension payable by this Fund
under the Retirement Systems Reciprocal Act), except for
purposes of the reversionary pension under Section 17-120,
and distributions required by federal law on account of age.
However, age enhancement established under this Section shall
not be used in determining benefits payable under other
Articles of this Code under the Retirement Systems Reciprocal
Act.
(c) For all creditable service established under this
Section, the employer must pay to the Fund an employer
contribution consisting of 12% of the member's highest annual
full-time rate of compensation for each year of creditable
service granted under this Section.
The employer contribution shall be paid to the Fund in
one of the following ways: (i) in a single sum at the time
of the member's retirement, (ii) in equal quarterly
installments over a period of 5 years from the date of
retirement, or (iii) subject to the approval of the Board of
the Fund, in unequal installments over a period of no more
than 5 years from the date of retirement, as provided in a
payment plan designed by the Fund to accommodate the needs of
the employer. The employer's failure to make the required
contributions in a timely manner shall not affect the payment
of the retirement pension.
For all creditable service established under this
Section, the employee must pay to the Fund an employee
contribution consisting of 4% of the member's highest annual
salary rate used in the determination of the retirement
pension for each year of creditable service granted under
this Section. The employee contribution shall be deducted
from the retirement annuity in 24 monthly installments.
(d) An annuitant who has received any age enhancement or
creditable service under this Section and whose pension is
suspended or cancelled under Section 17-149 or 17-150 shall
thereby forfeit the age enhancement and creditable service.
The forfeiture of creditable service under this subsection
shall not entitle the employer to a refund of the employer
contribution paid under this Section, nor to forgiveness of
any part of that contribution that remains unpaid. The
forfeiture of creditable service under this subsection shall
not entitle the employee to a refund of the employee
contribution paid under this Section.
(e) If the number of employees of an employer that apply
for early retirement under this Section exceeds 30% of those
eligible, the employer may require that, for any or all of
the number of applicants in excess of that 30%, the starting
date of the retirement pension enhanced under this Section be
no earlier than June 1, 1995 and no later than September 1,
1995. The right to have the retirement pension begin before
June 1, 1995 shall be allocated among the applicants on the
basis of seniority in the service of that employer.
This delay applies only to persons who are applying for
early retirement incentives under this Section, and does not
prevent a person whose application for early retirement
incentives has been withdrawn from beginning to receive a
retirement pension on the earliest date upon which the person
is otherwise eligible under this Article.
(f) A member who receives any early retirement incentive
under Section 17-116.3 may not receive any early retirement
incentive under this Section.
(g) Notwithstanding Section 17-157, a person who is
receiving early retirement benefits under this Section may
establish service credit for a period of up to 3 weeks during
the month of January, 1968, during which the person was
prevented from working due to civil unrest or a wildcat
strike. A person wishing to establish this credit must apply
in writing to the Board within 30 days after the effective
date of this amendatory Act of the 92nd General Assembly and
pay to the Fund an employee contribution calculated at the
rate and salary applicable to the employee at the time for
which credit is being established, without interest. When a
person establishes additional service credit under this
subsection, the Fund shall recalculate the annuity originally
granted under this Section to reflect the additional credit
and shall pay to the annuitant in a lump sum the difference
between the annuity payments paid before the date of the
recalculation and the recalculated amount of those payments.
(Source: P.A. 88-85.)
(40 ILCS 5/17-119.1)
Sec. 17-119.1. Optional increase in retirement annuity.
(a) A member of the Fund may qualify for the augmented
rate under subdivision (b)(3) of Section 17-116 for all years
of creditable service earned before July 1, 1998 by making
the optional contribution specified in subsection (b); except
that a member who retires on or after July 1, 1998 with at
least 30 years of creditable service at retirement qualifies
for the augmented rate without making any contribution under
subsection (b). Any member who retires on or after July 1,
1998 and before the effective date of this amendatory Act of
the 92nd General Assembly with at least 30 years of
creditable service shall be paid a lump sum equal to the
amount he or she would have received under the augmented rate
minus the amount he or she actually received. A member may
not elect to qualify for the augmented rate for only a
portion of his or her creditable service earned before July
1, 1998.
(b) The contribution shall be an amount equal to 1.0% of
the member's highest salary rate in the 4 consecutive school
years immediately prior to but not including the school year
in which the application occurs, multiplied by the number of
years of creditable service earned by the member before July
1, 1998 or 20, whichever is less. This contribution shall be
reduced by 1.0% of that salary rate for every 3 full years of
creditable service earned by the member after June 30, 1998.
The contribution shall be further reduced at the rate of 25%
of the contribution (as reduced for service after June 30,
1998) for each year of the member's total creditable service
in excess of 34 years. The contribution shall not in any
event exceed 20% of that salary rate.
The member shall pay to the Fund the amount of the
contribution as calculated at the time of application under
this Section. The amount of the contribution determined
under this subsection shall be recalculated at the time of
retirement, and if the Fund determines that the amount paid
by the member exceeds the recalculated amount, the Fund shall
refund the difference to the member with regular interest
from the date of payment to the date of refund.
The contribution required by this subsection shall be
paid in one of the following ways or in a combination of the
following ways that does not extend over more than 5 years:
(i) in a lump sum on or before the date of
retirement;
(ii) in substantially equal installments over a
period of time not to exceed 5 years, as a deduction from
salary in accordance with Section 17-130.2;
(iii) if the member becomes an annuitant before
June 30, 2003, in substantially equal monthly
installments over a 24-month period, by a deduction from
the annuitant's monthly benefit.
(c) If the member fails to make the full contribution
under this Section in a timely fashion, the payments made
under this Section shall be refunded to the member, without
interest. If the member dies before making the full
contribution, the payments made under this Section shall be
refunded to the member's designated beneficiary.
(d) For purposes of this Section and subsection (b) of
Section 17-116, optional creditable service established by a
member shall be deemed to have been earned at the time of the
employment or other qualifying event upon which the service
is based, rather than at the time the credit was established
in this Fund.
(e) The contributions required under this Section are
the responsibility of the teacher and not the teacher's
employer. However, an employer of teachers 3ay, after the
effective date of this amendatory Act of 1998, specifically
agree, through collective bargaining or otherwise, to make
the contributions required by this Section on behalf of those
teachers.
(Source: P.A. 90-582, eff. 5-27-98; 91-17, eff. 6-4-99.)
(40 ILCS 5/17-121) (from Ch. 108 1/2, par. 17-121)
Sec. 17-121. Survivor's and Children's pensions -
Eligibility. A surviving spouse of a teacher shall be
entitled to a survivor's pension only if he was married to
the contributor for at least 1 1/2 years immediately prior to
his death or retirement, whichever first occurs, and also on
the date of the last termination of his service.
If the surviving spouse is under age 50 and there are no
eligible minor children born to or legally adopted by the
contributor and his surviving spouse, payment of the
survivor's pension shall begin when the surviving spouse
attains age 50.
Remarriage of the surviving spouse prior to September 1,
1983 while in receipt of a survivor's pension shall
permanently terminate payment thereof, regardless of any
subsequent change in marital status; however, beginning
September 1, 1983, remarriage of a surviving spouse after
attainment of age 55 shall not terminate the survivor's
pension.
A surviving spouse whose pension was terminated on or
after September 1, 1983 due to remarriage after attainment of
age 55, and who applies for reinstatement of that pension
before January 1, 1990, shall be entitled to have the pension
reinstated effective January 1, 1990.
A surviving spouse of a member or annuitant under this
Fund who is also a dependent beneficiary under the provisions
of Section 16-140 is eligible for a reciprocal survivor's
pension, provided that any refund of survivor's pension
contributions is repaid to the Fund and application is made
within 30 days after the effective date of this amendatory
Act of the 92nd General Assembly.
(Source: P.A. 86-273.)
(40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
Sec. 17-149. Cancellation of pensions. If any person
receiving a service or disability retirement pension from the
Fund is re-employed as a teacher by an Employer, the pension
shall be cancelled on the date the re-employment begins, or
on the first day of a payroll period for which service credit
was validated, whichever is earlier. However, beginning
August 23, 1989, the pension shall not be cancelled in case
of a service retirement pensioner who is temporarily
re-employed for not more than 150 100 days during any school
year or on an hourly basis, provided the pensioner does not
receive salary in any school year of an amount more than that
payable to a substitute teacher for 150 100 days' employment.
A service retirement pensioner who is temporarily re-employed
for not more than 150 100 days during any school year or on
an hourly basis shall be entitled, at the end of the school
year, to a refund of any contributions made to the Fund
during that school year.
If the pensioner does receive salary from an Employer in
any school year for more than 150 100 days' employment, the
pensioner shall be deemed to have returned to service on the
first day of employment as a pensioner-substitute. The
pensioner shall reimburse the Fund for pension payments
received after the return to service and shall pay to the
Fund the participant's contributions prescribed in Section
17-130 of this Article.
If the date of re-employment occurs within 5 school
months after the date of previous retirement, exclusive of
any vacation period, the member shall be deemed to have been
out of service only temporarily and not permanently retired.
Such person shall be entitled to pension payments for the
time he could have been employed as a teacher and received
salary, but shall not be entitled to pension for or during
the summer vacation prior to his return to service.
When the member again retires on pension, the time of
service and the money contributed by him during re-employment
shall be added to the time and money previously credited.
Such person must acquire 3 consecutive years of additional
contributing service before he may retire again on a pension
at a rate and under conditions other than those in force or
attained at the time of his previous retirement.
Notwithstanding Sections 1-103.1 and 17-157, the changes
to this Section made by this amendatory Act of 1997 shall
apply without regard to whether termination of service
occurred before the effective date of this amendatory Act and
shall apply retroactively to August 23, 1989.
(Source: P.A. 90-32, eff. 6-27-97; 90-566, eff. 1-2-98.)
Section 90. The State Mandates Act is amended by adding
Section 8.25 as follows:
(30 ILCS 805/8.25 new)
Sec. 8.25. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by this
amendatory Act of the 92nd General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 31, 2001.
Approved August 17, 2001.
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