Illinois 2023-2024 Regular Session

Illinois House Bill HB1469 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1469 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 40 ILCS 5/1-160 30 ILCS 805/8.47 new Amends the General Provisions Article of the Illinois Pension Code. Provides that a Tier 2 participant under the Cook County Article who is a deputy sheriff and a member of the Cook County Police Department is entitled to a retirement annuity upon written application if he or she has attained age 55, has at least 20 years of service credit for service in the position of deputy sheriff, and is otherwise eligible under the Cook County Article. Provides that the retirement annuity granted to such a participant shall be subject to annual increases on the January 1 following the first anniversary of the retirement annuity start date. Makes technical and combining changes to conform the changes made by Public Acts 102-719, 102-813, and 102-956. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB103 00152 RPS 45157 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1469 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 40 ILCS 5/1-160 30 ILCS 805/8.47 new 40 ILCS 5/1-160 30 ILCS 805/8.47 new Amends the General Provisions Article of the Illinois Pension Code. Provides that a Tier 2 participant under the Cook County Article who is a deputy sheriff and a member of the Cook County Police Department is entitled to a retirement annuity upon written application if he or she has attained age 55, has at least 20 years of service credit for service in the position of deputy sheriff, and is otherwise eligible under the Cook County Article. Provides that the retirement annuity granted to such a participant shall be subject to annual increases on the January 1 following the first anniversary of the retirement annuity start date. Makes technical and combining changes to conform the changes made by Public Acts 102-719, 102-813, and 102-956. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB103 00152 RPS 45157 b LRB103 00152 RPS 45157 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1469 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
3	3	40 ILCS 5/1-160 30 ILCS 805/8.47 new 40 ILCS 5/1-160 30 ILCS 805/8.47 new
4	4	40 ILCS 5/1-160
5	5	30 ILCS 805/8.47 new
6	6	Amends the General Provisions Article of the Illinois Pension Code. Provides that a Tier 2 participant under the Cook County Article who is a deputy sheriff and a member of the Cook County Police Department is entitled to a retirement annuity upon written application if he or she has attained age 55, has at least 20 years of service credit for service in the position of deputy sheriff, and is otherwise eligible under the Cook County Article. Provides that the retirement annuity granted to such a participant shall be subject to annual increases on the January 1 following the first anniversary of the retirement annuity start date. Makes technical and combining changes to conform the changes made by Public Acts 102-719, 102-813, and 102-956. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
7	7	LRB103 00152 RPS 45157 b LRB103 00152 RPS 45157 b
8	8	LRB103 00152 RPS 45157 b
9	9	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
10	10	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
11	11	A BILL FOR
12	12	HB1469LRB103 00152 RPS 45157 b HB1469 LRB103 00152 RPS 45157 b
13	13	HB1469 LRB103 00152 RPS 45157 b
14	14	1 AN ACT concerning public employee benefits.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Illinois Pension Code is amended by
18	18	5 changing Section 1-160 as follows:
19	19	6 (40 ILCS 5/1-160)
20	20	7 (Text of Section from P.A. 102-719)
21	21	8 Sec. 1-160. Provisions applicable to new hires.
22	22	9 (a) The provisions of this Section apply to a person who,
23	23	10 on or after January 1, 2011, first becomes a member or a
24	24	11 participant under any reciprocal retirement system or pension
25	25	12 fund established under this Code, other than a retirement
26	26	13 system or pension fund established under Article 2, 3, 4, 5, 6,
27	27	14 7, 15, or 18 of this Code, notwithstanding any other provision
28	28	15 of this Code to the contrary, but do not apply to any
29	29	16 self-managed plan established under this Code or to any
30	30	17 participant of the retirement plan established under Section
31	31	18 22-101; except that this Section applies to a person who
32	32	19 elected to establish alternative credits by electing in
33	33	20 writing after January 1, 2011, but before August 8, 2011,
34	34	21 under Section 7-145.1 of this Code. Notwithstanding anything
35	35	22 to the contrary in this Section, for purposes of this Section,
36	36	23 a person who is a Tier 1 regular employee as defined in Section
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1469 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
41	41	40 ILCS 5/1-160 30 ILCS 805/8.47 new 40 ILCS 5/1-160 30 ILCS 805/8.47 new
42	42	40 ILCS 5/1-160
43	43	30 ILCS 805/8.47 new
44	44	Amends the General Provisions Article of the Illinois Pension Code. Provides that a Tier 2 participant under the Cook County Article who is a deputy sheriff and a member of the Cook County Police Department is entitled to a retirement annuity upon written application if he or she has attained age 55, has at least 20 years of service credit for service in the position of deputy sheriff, and is otherwise eligible under the Cook County Article. Provides that the retirement annuity granted to such a participant shall be subject to annual increases on the January 1 following the first anniversary of the retirement annuity start date. Makes technical and combining changes to conform the changes made by Public Acts 102-719, 102-813, and 102-956. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
45	45	LRB103 00152 RPS 45157 b LRB103 00152 RPS 45157 b
46	46	LRB103 00152 RPS 45157 b
47	47	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
48	48	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
49	49	A BILL FOR
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55	55	40 ILCS 5/1-160
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62	62	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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79	79	1 7-109.4 of this Code or who participated in a retirement
80	80	2 system under Article 15 prior to January 1, 2011 shall be
81	81	3 deemed a person who first became a member or participant prior
82	82	4 to January 1, 2011 under any retirement system or pension fund
83	83	5 subject to this Section. The changes made to this Section by
84	84	6 Public Act 98-596 are a clarification of existing law and are
85	85	7 intended to be retroactive to January 1, 2011 (the effective
86	86	8 date of Public Act 96-889), notwithstanding the provisions of
87	87	9 Section 1-103.1 of this Code.
88	88	10 This Section does not apply to a person who first becomes a
89	89	11 noncovered employee under Article 14 on or after the
90	90	12 implementation date of the plan created under Section 1-161
91	91	13 for that Article, unless that person elects under subsection
92	92	14 (b) of Section 1-161 to instead receive the benefits provided
93	93	15 under this Section and the applicable provisions of that
94	94	16 Article.
95	95	17 This Section does not apply to a person who first becomes a
96	96	18 member or participant under Article 16 on or after the
97	97	19 implementation date of the plan created under Section 1-161
98	98	20 for that Article, unless that person elects under subsection
99	99	21 (b) of Section 1-161 to instead receive the benefits provided
100	100	22 under this Section and the applicable provisions of that
101	101	23 Article.
102	102	24 This Section does not apply to a person who elects under
103	103	25 subsection (c-5) of Section 1-161 to receive the benefits
104	104	26 under Section 1-161.
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115	115	1 This Section does not apply to a person who first becomes a
116	116	2 member or participant of an affected pension fund on or after 6
117	117	3 months after the resolution or ordinance date, as defined in
118	118	4 Section 1-162, unless that person elects under subsection (c)
119	119	5 of Section 1-162 to receive the benefits provided under this
120	120	6 Section and the applicable provisions of the Article under
121	121	7 which he or she is a member or participant.
122	122	8 (b) "Final average salary" means, except as otherwise
123	123	9 provided in this subsection, the average monthly (or annual)
124	124	10 salary obtained by dividing the total salary or earnings
125	125	11 calculated under the Article applicable to the member or
126	126	12 participant during the 96 consecutive months (or 8 consecutive
127	127	13 years) of service within the last 120 months (or 10 years) of
128	128	14 service in which the total salary or earnings calculated under
129	129	15 the applicable Article was the highest by the number of months
130	130	16 (or years) of service in that period. For the purposes of a
131	131	17 person who first becomes a member or participant of any
132	132	18 retirement system or pension fund to which this Section
133	133	19 applies on or after January 1, 2011, in this Code, "final
134	134	20 average salary" shall be substituted for the following:
135	135	21 (1) (Blank).
136	136	22 (2) In Articles 8, 9, 10, 11, and 12, "highest average
137	137	23 annual salary for any 4 consecutive years within the last
138	138	24 10 years of service immediately preceding the date of
139	139	25 withdrawal".
140	140	26 (3) In Article 13, "average final salary".
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151	151	1 (4) In Article 14, "final average compensation".
152	152	2 (5) In Article 17, "average salary".
153	153	3 (6) In Section 22-207, "wages or salary received by
154	154	4 him at the date of retirement or discharge".
155	155	5 A member of the Teachers' Retirement System of the State
156	156	6 of Illinois who retires on or after June 1, 2021 and for whom
157	157	7 the 2020-2021 school year is used in the calculation of the
158	158	8 member's final average salary shall use the higher of the
159	159	9 following for the purpose of determining the member's final
160	160	10 average salary:
161	161	11 (A) the amount otherwise calculated under the first
162	162	12 paragraph of this subsection; or
163	163	13 (B) an amount calculated by the Teachers' Retirement
164	164	14 System of the State of Illinois using the average of the
165	165	15 monthly (or annual) salary obtained by dividing the total
166	166	16 salary or earnings calculated under Article 16 applicable
167	167	17 to the member or participant during the 96 months (or 8
168	168	18 years) of service within the last 120 months (or 10 years)
169	169	19 of service in which the total salary or earnings
170	170	20 calculated under the Article was the highest by the number
171	171	21 of months (or years) of service in that period.
172	172	22 (b-5) Beginning on January 1, 2011, for all purposes under
173	173	23 this Code (including without limitation the calculation of
174	174	24 benefits and employee contributions), the annual earnings,
175	175	25 salary, or wages (based on the plan year) of a member or
176	176	26 participant to whom this Section applies shall not exceed
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187	187	1 $106,800; however, that amount shall annually thereafter be
188	188	2 increased by the lesser of (i) 3% of that amount, including all
189	189	3 previous adjustments, or (ii) one-half the annual unadjusted
190	190	4 percentage increase (but not less than zero) in the consumer
191	191	5 price index-u for the 12 months ending with the September
192	192	6 preceding each November 1, including all previous adjustments.
193	193	7 For the purposes of this Section, "consumer price index-u"
194	194	8 means the index published by the Bureau of Labor Statistics of
195	195	9 the United States Department of Labor that measures the
196	196	10 average change in prices of goods and services purchased by
197	197	11 all urban consumers, United States city average, all items,
198	198	12 1982-84 = 100. The new amount resulting from each annual
199	199	13 adjustment shall be determined by the Public Pension Division
200	200	14 of the Department of Insurance and made available to the
201	201	15 boards of the retirement systems and pension funds by November
202	202	16 1 of each year.
203	203	17 (c) A member or participant is entitled to a retirement
204	204	18 annuity upon written application if he or she has attained age
205	205	19 67 (age 65, with respect to service under Article 12 that is
206	206	20 subject to this Section, for a member or participant under
207	207	21 Article 12 who first becomes a member or participant under
208	208	22 Article 12 on or after January 1, 2022 or who makes the
209	209	23 election under item (i) of subsection (d-15) of this Section)
210	210	24 and has at least 10 years of service credit and is otherwise
211	211	25 eligible under the requirements of the applicable Article.
212	212	26 A member or participant who has attained age 62 (age 60,
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223	223	1 with respect to service under Article 12 that is subject to
224	224	2 this Section, for a member or participant under Article 12 who
225	225	3 first becomes a member or participant under Article 12 on or
226	226	4 after January 1, 2022 or who makes the election under item (i)
227	227	5 of subsection (d-15) of this Section) and has at least 10 years
228	228	6 of service credit and is otherwise eligible under the
229	229	7 requirements of the applicable Article may elect to receive
230	230	8 the lower retirement annuity provided in subsection (d) of
231	231	9 this Section.
232	232	10 (c-5) A person who first becomes a member or a participant
233	233	11 subject to this Section on or after July 6, 2017 (the effective
234	234	12 date of Public Act 100-23), notwithstanding any other
235	235	13 provision of this Code to the contrary, is entitled to a
236	236	14 retirement annuity under Article 8 or Article 11 upon written
237	237	15 application if he or she has attained age 65 and has at least
238	238	16 10 years of service credit and is otherwise eligible under the
239	239	17 requirements of Article 8 or Article 11 of this Code,
240	240	18 whichever is applicable.
241	241	19 (c-10) Notwithstanding any other provision of this Code to
242	242	20 the contrary, a participant under Article 9 who is (i) subject
243	243	21 to this Section, (ii) a deputy sheriff, and (iii) a member of
244	244	22 the Cook County Police Department is entitled to a retirement
245	245	23 annuity upon written application if he or she has attained age
246	246	24 55, has at least 20 years of service credit for service in the
247	247	25 position of deputy sheriff, and is otherwise eligible under
248	248	26 Article 9.
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259	259	1 (d) The retirement annuity of a member or participant who
260	260	2 is retiring after attaining age 62 (age 60, with respect to
261	261	3 service under Article 12 that is subject to this Section, for a
262	262	4 member or participant under Article 12 who first becomes a
263	263	5 member or participant under Article 12 on or after January 1,
264	264	6 2022 or who makes the election under item (i) of subsection
265	265	7 (d-15) of this Section) with at least 10 years of service
266	266	8 credit shall be reduced by one-half of 1% for each full month
267	267	9 that the member's age is under age 67 (age 65, with respect to
268	268	10 service under Article 12 that is subject to this Section, for a
269	269	11 member or participant under Article 12 who first becomes a
270	270	12 member or participant under Article 12 on or after January 1,
271	271	13 2022 or who makes the election under item (i) of subsection
272	272	14 (d-15) of this Section).
273	273	15 (d-5) The retirement annuity payable under Article 8 or
274	274	16 Article 11 to an eligible person subject to subsection (c-5)
275	275	17 of this Section who is retiring at age 60 with at least 10
276	276	18 years of service credit shall be reduced by one-half of 1% for
277	277	19 each full month that the member's age is under age 65.
278	278	20 (d-10) Each person who first became a member or
279	279	21 participant under Article 8 or Article 11 of this Code on or
280	280	22 after January 1, 2011 and prior to July 6, 2017 (the effective
281	281	23 date of Public Act 100-23) shall make an irrevocable election
282	282	24 either:
283	283	25 (i) to be eligible for the reduced retirement age
284	284	26 provided in subsections (c-5) and (d-5) of this Section,
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295	295	1 the eligibility for which is conditioned upon the member
296	296	2 or participant agreeing to the increases in employee
297	297	3 contributions for age and service annuities provided in
298	298	4 subsection (a-5) of Section 8-174 of this Code (for
299	299	5 service under Article 8) or subsection (a-5) of Section
300	300	6 11-170 of this Code (for service under Article 11); or
301	301	7 (ii) to not agree to item (i) of this subsection
302	302	8 (d-10), in which case the member or participant shall
303	303	9 continue to be subject to the retirement age provisions in
304	304	10 subsections (c) and (d) of this Section and the employee
305	305	11 contributions for age and service annuity as provided in
306	306	12 subsection (a) of Section 8-174 of this Code (for service
307	307	13 under Article 8) or subsection (a) of Section 11-170 of
308	308	14 this Code (for service under Article 11).
309	309	15 The election provided for in this subsection shall be made
310	310	16 between October 1, 2017 and November 15, 2017. A person
311	311	17 subject to this subsection who makes the required election
312	312	18 shall remain bound by that election. A person subject to this
313	313	19 subsection who fails for any reason to make the required
314	314	20 election within the time specified in this subsection shall be
315	315	21 deemed to have made the election under item (ii).
316	316	22 (d-15) Each person who first becomes a member or
317	317	23 participant under Article 12 on or after January 1, 2011 and
318	318	24 prior to January 1, 2022 shall make an irrevocable election
319	319	25 either:
320	320	26 (i) to be eligible for the reduced retirement age
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331	331	1 specified in subsections (c) and (d) of this Section, the
332	332	2 eligibility for which is conditioned upon the member or
333	333	3 participant agreeing to the increase in employee
334	334	4 contributions for service annuities specified in
335	335	5 subsection (b) of Section 12-150; or
336	336	6 (ii) to not agree to item (i) of this subsection
337	337	7 (d-15), in which case the member or participant shall not
338	338	8 be eligible for the reduced retirement age specified in
339	339	9 subsections (c) and (d) of this Section and shall not be
340	340	10 subject to the increase in employee contributions for
341	341	11 service annuities specified in subsection (b) of Section
342	342	12 12-150.
343	343	13 The election provided for in this subsection shall be made
344	344	14 between January 1, 2022 and April 1, 2022. A person subject to
345	345	15 this subsection who makes the required election shall remain
346	346	16 bound by that election. A person subject to this subsection
347	347	17 who fails for any reason to make the required election within
348	348	18 the time specified in this subsection shall be deemed to have
349	349	19 made the election under item (ii).
350	350	20 (e) Any retirement annuity or supplemental annuity shall
351	351	21 be subject to annual increases on the January 1 occurring
352	352	22 either on or after the attainment of age 67 (age 65, with
353	353	23 respect to service under Article 12 that is subject to this
354	354	24 Section, for a member or participant under Article 12 who
355	355	25 first becomes a member or participant under Article 12 on or
356	356	26 after January 1, 2022 or who makes the election under item (i)
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367	367	1 of subsection (d-15); and beginning on July 6, 2017 (the
368	368	2 effective date of Public Act 100-23), age 65 with respect to
369	369	3 service under Article 8 or Article 11 for eligible persons
370	370	4 who: (i) are subject to subsection (c-5) of this Section; or
371	371	5 (ii) made the election under item (i) of subsection (d-10) of
372	372	6 this Section) or the first anniversary of the annuity start
373	373	7 date, whichever is later. Each annual increase shall be
374	374	8 calculated at 3% or one-half the annual unadjusted percentage
375	375	9 increase (but not less than zero) in the consumer price
376	376	10 index-u for the 12 months ending with the September preceding
377	377	11 each November 1, whichever is less, of the originally granted
378	378	12 retirement annuity. If the annual unadjusted percentage change
379	379	13 in the consumer price index-u for the 12 months ending with the
380	380	14 September preceding each November 1 is zero or there is a
381	381	15 decrease, then the annuity shall not be increased.
382	382	16 Notwithstanding any other provision of this Code to the
383	383	17 contrary, the retirement annuity of a participant to whom
384	384	18 subsection (c-10) applies shall be subject to annual increases
385	385	19 on the January 1 following the first anniversary of the
386	386	20 annuity start date. Each annual increase shall be calculated
387	387	21 at 3% or one-half the annual unadjusted percentage increase
388	388	22 (but not less than zero) in the consumer price index-u for the
389	389	23 12 months ending with the September preceding each November 1,
390	390	24 whichever is less, of the originally granted retirement
391	391	25 annuity. If the annual unadjusted percentage change in the
392	392	26 consumer price index-u for the 12 months ending with the
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403	403	1 September preceding each November 1 is zero or there is a
404	404	2 decrease, then the annuity shall not be increased.
405	405	3 For the purposes of Section 1-103.1 of this Code, the
406	406	4 changes made to this Section by Public Act 102-263 are
407	407	5 applicable without regard to whether the employee was in
408	408	6 active service on or after August 6, 2021 (the effective date
409	409	7 of Public Act 102-263).
410	410	8 For the purposes of Section 1-103.1 of this Code, the
411	411	9 changes made to this Section by Public Act 100-23 are
412	412	10 applicable without regard to whether the employee was in
413	413	11 active service on or after July 6, 2017 (the effective date of
414	414	12 Public Act 100-23).
415	415	13 (f) The initial survivor's or widow's annuity of an
416	416	14 otherwise eligible survivor or widow of a retired member or
417	417	15 participant who first became a member or participant on or
418	418	16 after January 1, 2011 shall be in the amount of 66 2/3% of the
419	419	17 retired member's or participant's retirement annuity at the
420	420	18 date of death. In the case of the death of a member or
421	421	19 participant who has not retired and who first became a member
422	422	20 or participant on or after January 1, 2011, eligibility for a
423	423	21 survivor's or widow's annuity shall be determined by the
424	424	22 applicable Article of this Code. The initial benefit shall be
425	425	23 66 2/3% of the earned annuity without a reduction due to age. A
426	426	24 child's annuity of an otherwise eligible child shall be in the
427	427	25 amount prescribed under each Article if applicable. Any
428	428	26 survivor's or widow's annuity shall be increased (1) on each
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439	439	1 January 1 occurring on or after the commencement of the
440	440	2 annuity if the deceased member died while receiving a
441	441	3 retirement annuity or (2) in other cases, on each January 1
442	442	4 occurring after the first anniversary of the commencement of
443	443	5 the annuity. Each annual increase shall be calculated at 3% or
444	444	6 one-half the annual unadjusted percentage increase (but not
445	445	7 less than zero) in the consumer price index-u for the 12 months
446	446	8 ending with the September preceding each November 1, whichever
447	447	9 is less, of the originally granted survivor's annuity. If the
448	448	10 annual unadjusted percentage change in the consumer price
449	449	11 index-u for the 12 months ending with the September preceding
450	450	12 each November 1 is zero or there is a decrease, then the
451	451	13 annuity shall not be increased.
452	452	14 (g) The benefits in Section 14-110 apply if the person is a
453	453	15 fire fighter in the fire protection service of a department, a
454	454	16 security employee of the Department of Corrections or the
455	455	17 Department of Juvenile Justice, or a security employee of the
456	456	18 Department of Innovation and Technology, as those terms are
457	457	19 defined in subsection (b) and subsection (c) of Section
458	458	20 14-110. A person who meets the requirements of this Section is
459	459	21 entitled to an annuity calculated under the provisions of
460	460	22 Section 14-110, in lieu of the regular or minimum retirement
461	461	23 annuity, only if the person has withdrawn from service with
462	462	24 not less than 20 years of eligible creditable service and has
463	463	25 attained age 60, regardless of whether the attainment of age
464	464	26 60 occurs while the person is still in service.
465	465
466	466
467	467
468	468
469	469
470	470	HB1469 - 12 - LRB103 00152 RPS 45157 b
471	471
472	472
473	473	HB1469- 13 -LRB103 00152 RPS 45157 b HB1469 - 13 - LRB103 00152 RPS 45157 b
474	474	HB1469 - 13 - LRB103 00152 RPS 45157 b
475	475	1 (g-5) The benefits in Section 14-110 apply if the person
476	476	2 is a State policeman, investigator for the Secretary of State,
477	477	3 conservation police officer, investigator for the Department
478	478	4 of Revenue or the Illinois Gaming Board, investigator for the
479	479	5 Office of the Attorney General, Commerce Commission police
480	480	6 officer, or arson investigator, as those terms are defined in
481	481	7 subsection (b) and subsection (c) of Section 14-110. A person
482	482	8 who meets the requirements of this Section is entitled to an
483	483	9 annuity calculated under the provisions of Section 14-110, in
484	484	10 lieu of the regular or minimum retirement annuity, only if the
485	485	11 person has withdrawn from service with not less than 20 years
486	486	12 of eligible creditable service and has attained age 55,
487	487	13 regardless of whether the attainment of age 55 occurs while
488	488	14 the person is still in service.
489	489	15 (h) If a person who first becomes a member or a participant
490	490	16 of a retirement system or pension fund subject to this Section
491	491	17 on or after January 1, 2011 is receiving a retirement annuity
492	492	18 or retirement pension under that system or fund and becomes a
493	493	19 member or participant under any other system or fund created
494	494	20 by this Code and is employed on a full-time basis, except for
495	495	21 those members or participants exempted from the provisions of
496	496	22 this Section under subsection (a) of this Section, then the
497	497	23 person's retirement annuity or retirement pension under that
498	498	24 system or fund shall be suspended during that employment. Upon
499	499	25 termination of that employment, the person's retirement
500	500	26 annuity or retirement pension payments shall resume and be
501	501
502	502
503	503
504	504
505	505
506	506	HB1469 - 13 - LRB103 00152 RPS 45157 b
507	507
508	508
509	509	HB1469- 14 -LRB103 00152 RPS 45157 b HB1469 - 14 - LRB103 00152 RPS 45157 b
510	510	HB1469 - 14 - LRB103 00152 RPS 45157 b
511	511	1 recalculated if recalculation is provided for under the
512	512	2 applicable Article of this Code.
513	513	3 If a person who first becomes a member of a retirement
514	514	4 system or pension fund subject to this Section on or after
515	515	5 January 1, 2012 and is receiving a retirement annuity or
516	516	6 retirement pension under that system or fund and accepts on a
517	517	7 contractual basis a position to provide services to a
518	518	8 governmental entity from which he or she has retired, then
519	519	9 that person's annuity or retirement pension earned as an
520	520	10 active employee of the employer shall be suspended during that
521	521	11 contractual service. A person receiving an annuity or
522	522	12 retirement pension under this Code shall notify the pension
523	523	13 fund or retirement system from which he or she is receiving an
524	524	14 annuity or retirement pension, as well as his or her
525	525	15 contractual employer, of his or her retirement status before
526	526	16 accepting contractual employment. A person who fails to submit
527	527	17 such notification shall be guilty of a Class A misdemeanor and
528	528	18 required to pay a fine of $1,000. Upon termination of that
529	529	19 contractual employment, the person's retirement annuity or
530	530	20 retirement pension payments shall resume and, if appropriate,
531	531	21 be recalculated under the applicable provisions of this Code.
532	532	22 (i) (Blank).
533	533	23 (j) In the case of a conflict between the provisions of
534	534	24 this Section and any other provision of this Code, the
535	535	25 provisions of this Section shall control.
536	536	26 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
537	537
538	538
539	539
540	540
541	541
542	542	HB1469 - 14 - LRB103 00152 RPS 45157 b
543	543
544	544
545	545	HB1469- 15 -LRB103 00152 RPS 45157 b HB1469 - 15 - LRB103 00152 RPS 45157 b
546	546	HB1469 - 15 - LRB103 00152 RPS 45157 b
547	547	1 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-719, eff.
548	548	2 5-6-22.)
549	549	3 (Text of Section from P.A. 102-813)
550	550	4 Sec. 1-160. Provisions applicable to new hires.
551	551	5 (a) The provisions of this Section apply to a person who,
552	552	6 on or after January 1, 2011, first becomes a member or a
553	553	7 participant under any reciprocal retirement system or pension
554	554	8 fund established under this Code, other than a retirement
555	555	9 system or pension fund established under Article 2, 3, 4, 5, 6,
556	556	10 7, 15, or 18 of this Code, notwithstanding any other provision
557	557	11 of this Code to the contrary, but do not apply to any
558	558	12 self-managed plan established under this Code or to any
559	559	13 participant of the retirement plan established under Section
560	560	14 22-101; except that this Section applies to a person who
561	561	15 elected to establish alternative credits by electing in
562	562	16 writing after January 1, 2011, but before August 8, 2011,
563	563	17 under Section 7-145.1 of this Code. Notwithstanding anything
564	564	18 to the contrary in this Section, for purposes of this Section,
565	565	19 a person who is a Tier 1 regular employee as defined in Section
566	566	20 7-109.4 of this Code or who participated in a retirement
567	567	21 system under Article 15 prior to January 1, 2011 shall be
568	568	22 deemed a person who first became a member or participant prior
569	569	23 to January 1, 2011 under any retirement system or pension fund
570	570	24 subject to this Section. The changes made to this Section by
571	571	25 Public Act 98-596 are a clarification of existing law and are
572	572
573	573
574	574
575	575
576	576
577	577	HB1469 - 15 - LRB103 00152 RPS 45157 b
578	578
579	579
580	580	HB1469- 16 -LRB103 00152 RPS 45157 b HB1469 - 16 - LRB103 00152 RPS 45157 b
581	581	HB1469 - 16 - LRB103 00152 RPS 45157 b
582	582	1 intended to be retroactive to January 1, 2011 (the effective
583	583	2 date of Public Act 96-889), notwithstanding the provisions of
584	584	3 Section 1-103.1 of this Code.
585	585	4 This Section does not apply to a person who first becomes a
586	586	5 noncovered employee under Article 14 on or after the
587	587	6 implementation date of the plan created under Section 1-161
588	588	7 for that Article, unless that person elects under subsection
589	589	8 (b) of Section 1-161 to instead receive the benefits provided
590	590	9 under this Section and the applicable provisions of that
591	591	10 Article.
592	592	11 This Section does not apply to a person who first becomes a
593	593	12 member or participant under Article 16 on or after the
594	594	13 implementation date of the plan created under Section 1-161
595	595	14 for that Article, unless that person elects under subsection
596	596	15 (b) of Section 1-161 to instead receive the benefits provided
597	597	16 under this Section and the applicable provisions of that
598	598	17 Article.
599	599	18 This Section does not apply to a person who elects under
600	600	19 subsection (c-5) of Section 1-161 to receive the benefits
601	601	20 under Section 1-161.
602	602	21 This Section does not apply to a person who first becomes a
603	603	22 member or participant of an affected pension fund on or after 6
604	604	23 months after the resolution or ordinance date, as defined in
605	605	24 Section 1-162, unless that person elects under subsection (c)
606	606	25 of Section 1-162 to receive the benefits provided under this
607	607	26 Section and the applicable provisions of the Article under
608	608
609	609
610	610
611	611
612	612
613	613	HB1469 - 16 - LRB103 00152 RPS 45157 b
614	614
615	615
616	616	HB1469- 17 -LRB103 00152 RPS 45157 b HB1469 - 17 - LRB103 00152 RPS 45157 b
617	617	HB1469 - 17 - LRB103 00152 RPS 45157 b
618	618	1 which he or she is a member or participant.
619	619	2 (b) "Final average salary" means, except as otherwise
620	620	3 provided in this subsection, the average monthly (or annual)
621	621	4 salary obtained by dividing the total salary or earnings
622	622	5 calculated under the Article applicable to the member or
623	623	6 participant during the 96 consecutive months (or 8 consecutive
624	624	7 years) of service within the last 120 months (or 10 years) of
625	625	8 service in which the total salary or earnings calculated under
626	626	9 the applicable Article was the highest by the number of months
627	627	10 (or years) of service in that period. For the purposes of a
628	628	11 person who first becomes a member or participant of any
629	629	12 retirement system or pension fund to which this Section
630	630	13 applies on or after January 1, 2011, in this Code, "final
631	631	14 average salary" shall be substituted for the following:
632	632	15 (1) (Blank).
633	633	16 (2) In Articles 8, 9, 10, 11, and 12, "highest average
634	634	17 annual salary for any 4 consecutive years within the last
635	635	18 10 years of service immediately preceding the date of
636	636	19 withdrawal".
637	637	20 (3) In Article 13, "average final salary".
638	638	21 (4) In Article 14, "final average compensation".
639	639	22 (5) In Article 17, "average salary".
640	640	23 (6) In Section 22-207, "wages or salary received by
641	641	24 him at the date of retirement or discharge".
642	642	25 A member of the Teachers' Retirement System of the State
643	643	26 of Illinois who retires on or after June 1, 2021 and for whom
644	644
645	645
646	646
647	647
648	648
649	649	HB1469 - 17 - LRB103 00152 RPS 45157 b
650	650
651	651
652	652	HB1469- 18 -LRB103 00152 RPS 45157 b HB1469 - 18 - LRB103 00152 RPS 45157 b
653	653	HB1469 - 18 - LRB103 00152 RPS 45157 b
654	654	1 the 2020-2021 school year is used in the calculation of the
655	655	2 member's final average salary shall use the higher of the
656	656	3 following for the purpose of determining the member's final
657	657	4 average salary:
658	658	5 (A) the amount otherwise calculated under the first
659	659	6 paragraph of this subsection; or
660	660	7 (B) an amount calculated by the Teachers' Retirement
661	661	8 System of the State of Illinois using the average of the
662	662	9 monthly (or annual) salary obtained by dividing the total
663	663	10 salary or earnings calculated under Article 16 applicable
664	664	11 to the member or participant during the 96 months (or 8
665	665	12 years) of service within the last 120 months (or 10 years)
666	666	13 of service in which the total salary or earnings
667	667	14 calculated under the Article was the highest by the number
668	668	15 of months (or years) of service in that period.
669	669	16 (b-5) Beginning on January 1, 2011, for all purposes under
670	670	17 this Code (including without limitation the calculation of
671	671	18 benefits and employee contributions), the annual earnings,
672	672	19 salary, or wages (based on the plan year) of a member or
673	673	20 participant to whom this Section applies shall not exceed
674	674	21 $106,800; however, that amount shall annually thereafter be
675	675	22 increased by the lesser of (i) 3% of that amount, including all
676	676	23 previous adjustments, or (ii) one-half the annual unadjusted
677	677	24 percentage increase (but not less than zero) in the consumer
678	678	25 price index-u for the 12 months ending with the September
679	679	26 preceding each November 1, including all previous adjustments.
680	680
681	681
682	682
683	683
684	684
685	685	HB1469 - 18 - LRB103 00152 RPS 45157 b
686	686
687	687
688	688	HB1469- 19 -LRB103 00152 RPS 45157 b HB1469 - 19 - LRB103 00152 RPS 45157 b
689	689	HB1469 - 19 - LRB103 00152 RPS 45157 b
690	690	1 For the purposes of this Section, "consumer price index-u"
691	691	2 means the index published by the Bureau of Labor Statistics of
692	692	3 the United States Department of Labor that measures the
693	693	4 average change in prices of goods and services purchased by
694	694	5 all urban consumers, United States city average, all items,
695	695	6 1982-84 = 100. The new amount resulting from each annual
696	696	7 adjustment shall be determined by the Public Pension Division
697	697	8 of the Department of Insurance and made available to the
698	698	9 boards of the retirement systems and pension funds by November
699	699	10 1 of each year.
700	700	11 (c) A member or participant is entitled to a retirement
701	701	12 annuity upon written application if he or she has attained age
702	702	13 67 (age 65, with respect to service under Article 12 that is
703	703	14 subject to this Section, for a member or participant under
704	704	15 Article 12 who first becomes a member or participant under
705	705	16 Article 12 on or after January 1, 2022 or who makes the
706	706	17 election under item (i) of subsection (d-15) of this Section)
707	707	18 and has at least 10 years of service credit and is otherwise
708	708	19 eligible under the requirements of the applicable Article.
709	709	20 A member or participant who has attained age 62 (age 60,
710	710	21 with respect to service under Article 12 that is subject to
711	711	22 this Section, for a member or participant under Article 12 who
712	712	23 first becomes a member or participant under Article 12 on or
713	713	24 after January 1, 2022 or who makes the election under item (i)
714	714	25 of subsection (d-15) of this Section) and has at least 10 years
715	715	26 of service credit and is otherwise eligible under the
716	716
717	717
718	718
719	719
720	720
721	721	HB1469 - 19 - LRB103 00152 RPS 45157 b
722	722
723	723
724	724	HB1469- 20 -LRB103 00152 RPS 45157 b HB1469 - 20 - LRB103 00152 RPS 45157 b
725	725	HB1469 - 20 - LRB103 00152 RPS 45157 b
726	726	1 requirements of the applicable Article may elect to receive
727	727	2 the lower retirement annuity provided in subsection (d) of
728	728	3 this Section.
729	729	4 (c-5) A person who first becomes a member or a participant
730	730	5 subject to this Section on or after July 6, 2017 (the effective
731	731	6 date of Public Act 100-23), notwithstanding any other
732	732	7 provision of this Code to the contrary, is entitled to a
733	733	8 retirement annuity under Article 8 or Article 11 upon written
734	734	9 application if he or she has attained age 65 and has at least
735	735	10 10 years of service credit and is otherwise eligible under the
736	736	11 requirements of Article 8 or Article 11 of this Code,
737	737	12 whichever is applicable.
738	738	13 (c-10) Notwithstanding any other provision of this Code to
739	739	14 the contrary, a participant under Article 9 who is (i) subject
740	740	15 to this Section, (ii) a deputy sheriff, and (iii) a member of
741	741	16 the Cook County Police Department is entitled to a retirement
742	742	17 annuity upon written application if he or she has attained age
743	743	18 55, has at least 20 years of service credit for service in the
744	744	19 position of deputy sheriff, and is otherwise eligible under
745	745	20 Article 9.
746	746	21 (d) The retirement annuity of a member or participant who
747	747	22 is retiring after attaining age 62 (age 60, with respect to
748	748	23 service under Article 12 that is subject to this Section, for a
749	749	24 member or participant under Article 12 who first becomes a
750	750	25 member or participant under Article 12 on or after January 1,
751	751	26 2022 or who makes the election under item (i) of subsection
752	752
753	753
754	754
755	755
756	756
757	757	HB1469 - 20 - LRB103 00152 RPS 45157 b
758	758
759	759
760	760	HB1469- 21 -LRB103 00152 RPS 45157 b HB1469 - 21 - LRB103 00152 RPS 45157 b
761	761	HB1469 - 21 - LRB103 00152 RPS 45157 b
762	762	1 (d-15) of this Section) with at least 10 years of service
763	763	2 credit shall be reduced by one-half of 1% for each full month
764	764	3 that the member's age is under age 67 (age 65, with respect to
765	765	4 service under Article 12 that is subject to this Section, for a
766	766	5 member or participant under Article 12 who first becomes a
767	767	6 member or participant under Article 12 on or after January 1,
768	768	7 2022 or who makes the election under item (i) of subsection
769	769	8 (d-15) of this Section).
770	770	9 (d-5) The retirement annuity payable under Article 8 or
771	771	10 Article 11 to an eligible person subject to subsection (c-5)
772	772	11 of this Section who is retiring at age 60 with at least 10
773	773	12 years of service credit shall be reduced by one-half of 1% for
774	774	13 each full month that the member's age is under age 65.
775	775	14 (d-10) Each person who first became a member or
776	776	15 participant under Article 8 or Article 11 of this Code on or
777	777	16 after January 1, 2011 and prior to July 6, 2017 (the effective
778	778	17 date of Public Act 100-23) shall make an irrevocable election
779	779	18 either:
780	780	19 (i) to be eligible for the reduced retirement age
781	781	20 provided in subsections (c-5) and (d-5) of this Section,
782	782	21 the eligibility for which is conditioned upon the member
783	783	22 or participant agreeing to the increases in employee
784	784	23 contributions for age and service annuities provided in
785	785	24 subsection (a-5) of Section 8-174 of this Code (for
786	786	25 service under Article 8) or subsection (a-5) of Section
787	787	26 11-170 of this Code (for service under Article 11); or
788	788
789	789
790	790
791	791
792	792
793	793	HB1469 - 21 - LRB103 00152 RPS 45157 b
794	794
795	795
796	796	HB1469- 22 -LRB103 00152 RPS 45157 b HB1469 - 22 - LRB103 00152 RPS 45157 b
797	797	HB1469 - 22 - LRB103 00152 RPS 45157 b
798	798	1 (ii) to not agree to item (i) of this subsection
799	799	2 (d-10), in which case the member or participant shall
800	800	3 continue to be subject to the retirement age provisions in
801	801	4 subsections (c) and (d) of this Section and the employee
802	802	5 contributions for age and service annuity as provided in
803	803	6 subsection (a) of Section 8-174 of this Code (for service
804	804	7 under Article 8) or subsection (a) of Section 11-170 of
805	805	8 this Code (for service under Article 11).
806	806	9 The election provided for in this subsection shall be made
807	807	10 between October 1, 2017 and November 15, 2017. A person
808	808	11 subject to this subsection who makes the required election
809	809	12 shall remain bound by that election. A person subject to this
810	810	13 subsection who fails for any reason to make the required
811	811	14 election within the time specified in this subsection shall be
812	812	15 deemed to have made the election under item (ii).
813	813	16 (d-15) Each person who first becomes a member or
814	814	17 participant under Article 12 on or after January 1, 2011 and
815	815	18 prior to January 1, 2022 shall make an irrevocable election
816	816	19 either:
817	817	20 (i) to be eligible for the reduced retirement age
818	818	21 specified in subsections (c) and (d) of this Section, the
819	819	22 eligibility for which is conditioned upon the member or
820	820	23 participant agreeing to the increase in employee
821	821	24 contributions for service annuities specified in
822	822	25 subsection (b) of Section 12-150; or
823	823	26 (ii) to not agree to item (i) of this subsection
824	824
825	825
826	826
827	827
828	828
829	829	HB1469 - 22 - LRB103 00152 RPS 45157 b
830	830
831	831
832	832	HB1469- 23 -LRB103 00152 RPS 45157 b HB1469 - 23 - LRB103 00152 RPS 45157 b
833	833	HB1469 - 23 - LRB103 00152 RPS 45157 b
834	834	1 (d-15), in which case the member or participant shall not
835	835	2 be eligible for the reduced retirement age specified in
836	836	3 subsections (c) and (d) of this Section and shall not be
837	837	4 subject to the increase in employee contributions for
838	838	5 service annuities specified in subsection (b) of Section
839	839	6 12-150.
840	840	7 The election provided for in this subsection shall be made
841	841	8 between January 1, 2022 and April 1, 2022. A person subject to
842	842	9 this subsection who makes the required election shall remain
843	843	10 bound by that election. A person subject to this subsection
844	844	11 who fails for any reason to make the required election within
845	845	12 the time specified in this subsection shall be deemed to have
846	846	13 made the election under item (ii).
847	847	14 (e) Any retirement annuity or supplemental annuity shall
848	848	15 be subject to annual increases on the January 1 occurring
849	849	16 either on or after the attainment of age 67 (age 65, with
850	850	17 respect to service under Article 12 that is subject to this
851	851	18 Section, for a member or participant under Article 12 who
852	852	19 first becomes a member or participant under Article 12 on or
853	853	20 after January 1, 2022 or who makes the election under item (i)
854	854	21 of subsection (d-15); and beginning on July 6, 2017 (the
855	855	22 effective date of Public Act 100-23), age 65 with respect to
856	856	23 service under Article 8 or Article 11 for eligible persons
857	857	24 who: (i) are subject to subsection (c-5) of this Section; or
858	858	25 (ii) made the election under item (i) of subsection (d-10) of
859	859	26 this Section) or the first anniversary of the annuity start
860	860
861	861
862	862
863	863
864	864
865	865	HB1469 - 23 - LRB103 00152 RPS 45157 b
866	866
867	867
868	868	HB1469- 24 -LRB103 00152 RPS 45157 b HB1469 - 24 - LRB103 00152 RPS 45157 b
869	869	HB1469 - 24 - LRB103 00152 RPS 45157 b
870	870	1 date, whichever is later. Each annual increase shall be
871	871	2 calculated at 3% or one-half the annual unadjusted percentage
872	872	3 increase (but not less than zero) in the consumer price
873	873	4 index-u for the 12 months ending with the September preceding
874	874	5 each November 1, whichever is less, of the originally granted
875	875	6 retirement annuity. If the annual unadjusted percentage change
876	876	7 in the consumer price index-u for the 12 months ending with the
877	877	8 September preceding each November 1 is zero or there is a
878	878	9 decrease, then the annuity shall not be increased.
879	879	10 Notwithstanding any other provision of this Code to the
880	880	11 contrary, the retirement annuity of a participant to whom
881	881	12 subsection (c-10) applies shall be subject to annual increases
882	882	13 on the January 1 following the first anniversary of the
883	883	14 annuity start date. Each annual increase shall be calculated
884	884	15 at 3% or one-half the annual unadjusted percentage increase
885	885	16 (but not less than zero) in the consumer price index-u for the
886	886	17 12 months ending with the September preceding each November 1,
887	887	18 whichever is less, of the originally granted retirement
888	888	19 annuity. If the annual unadjusted percentage change in the
889	889	20 consumer price index-u for the 12 months ending with the
890	890	21 September preceding each November 1 is zero or there is a
891	891	22 decrease, then the annuity shall not be increased.
892	892	23 For the purposes of Section 1-103.1 of this Code, the
893	893	24 changes made to this Section by Public Act 102-263 are
894	894	25 applicable without regard to whether the employee was in
895	895	26 active service on or after August 6, 2021 (the effective date
896	896
897	897
898	898
899	899
900	900
901	901	HB1469 - 24 - LRB103 00152 RPS 45157 b
902	902
903	903
904	904	HB1469- 25 -LRB103 00152 RPS 45157 b HB1469 - 25 - LRB103 00152 RPS 45157 b
905	905	HB1469 - 25 - LRB103 00152 RPS 45157 b
906	906	1 of Public Act 102-263).
907	907	2 For the purposes of Section 1-103.1 of this Code, the
908	908	3 changes made to this Section by Public Act 100-23 are
909	909	4 applicable without regard to whether the employee was in
910	910	5 active service on or after July 6, 2017 (the effective date of
911	911	6 Public Act 100-23).
912	912	7 (f) The initial survivor's or widow's annuity of an
913	913	8 otherwise eligible survivor or widow of a retired member or
914	914	9 participant who first became a member or participant on or
915	915	10 after January 1, 2011 shall be in the amount of 66 2/3% of the
916	916	11 retired member's or participant's retirement annuity at the
917	917	12 date of death. In the case of the death of a member or
918	918	13 participant who has not retired and who first became a member
919	919	14 or participant on or after January 1, 2011, eligibility for a
920	920	15 survivor's or widow's annuity shall be determined by the
921	921	16 applicable Article of this Code. The initial benefit shall be
922	922	17 66 2/3% of the earned annuity without a reduction due to age. A
923	923	18 child's annuity of an otherwise eligible child shall be in the
924	924	19 amount prescribed under each Article if applicable. Any
925	925	20 survivor's or widow's annuity shall be increased (1) on each
926	926	21 January 1 occurring on or after the commencement of the
927	927	22 annuity if the deceased member died while receiving a
928	928	23 retirement annuity or (2) in other cases, on each January 1
929	929	24 occurring after the first anniversary of the commencement of
930	930	25 the annuity. Each annual increase shall be calculated at 3% or
931	931	26 one-half the annual unadjusted percentage increase (but not
932	932
933	933
934	934
935	935
936	936
937	937	HB1469 - 25 - LRB103 00152 RPS 45157 b
938	938
939	939
940	940	HB1469- 26 -LRB103 00152 RPS 45157 b HB1469 - 26 - LRB103 00152 RPS 45157 b
941	941	HB1469 - 26 - LRB103 00152 RPS 45157 b
942	942	1 less than zero) in the consumer price index-u for the 12 months
943	943	2 ending with the September preceding each November 1, whichever
944	944	3 is less, of the originally granted survivor's annuity. If the
945	945	4 annual unadjusted percentage change in the consumer price
946	946	5 index-u for the 12 months ending with the September preceding
947	947	6 each November 1 is zero or there is a decrease, then the
948	948	7 annuity shall not be increased.
949	949	8 (g) The benefits in Section 14-110 apply only if the
950	950	9 person is a State policeman, a fire fighter in the fire
951	951	10 protection service of a department, a conservation police
952	952	11 officer, an investigator for the Secretary of State, an arson
953	953	12 investigator, a Commerce Commission police officer,
954	954	13 investigator for the Department of Revenue or the Illinois
955	955	14 Gaming Board, a security employee of the Department of
956	956	15 Corrections or the Department of Juvenile Justice, or a
957	957	16 security employee of the Department of Innovation and
958	958	17 Technology, as those terms are defined in subsection (b) and
959	959	18 subsection (c) of Section 14-110. A person who meets the
960	960	19 requirements of this Section is entitled to an annuity
961	961	20 calculated under the provisions of Section 14-110, in lieu of
962	962	21 the regular or minimum retirement annuity, only if the person
963	963	22 has withdrawn from service with not less than 20 years of
964	964	23 eligible creditable service and has attained age 60,
965	965	24 regardless of whether the attainment of age 60 occurs while
966	966	25 the person is still in service.
967	967	26 (g-5) The benefits in Section 14-110 apply if the person
968	968
969	969
970	970
971	971
972	972
973	973	HB1469 - 26 - LRB103 00152 RPS 45157 b
974	974
975	975
976	976	HB1469- 27 -LRB103 00152 RPS 45157 b HB1469 - 27 - LRB103 00152 RPS 45157 b
977	977	HB1469 - 27 - LRB103 00152 RPS 45157 b
978	978	1 is a State policeman, investigator for the Secretary of State,
979	979	2 conservation police officer, investigator for the Department
980	980	3 of Revenue or the Illinois Gaming Board, investigator for the
981	981	4 Office of the Attorney General, Commerce Commission police
982	982	5 officer, or arson investigator, as those terms are defined in
983	983	6 subsection (b) and subsection (c) of Section 14-110. A person
984	984	7 who meets the requirements of this Section is entitled to an
985	985	8 annuity calculated under the provisions of Section 14-110, in
986	986	9 lieu of the regular or minimum retirement annuity, only if the
987	987	10 person has withdrawn from service with not less than 20 years
988	988	11 of eligible creditable service and has attained age 55,
989	989	12 regardless of whether the attainment of age 55 occurs while
990	990	13 the person is still in service.
991	991	14 (h) If a person who first becomes a member or a participant
992	992	15 of a retirement system or pension fund subject to this Section
993	993	16 on or after January 1, 2011 is receiving a retirement annuity
994	994	17 or retirement pension under that system or fund and becomes a
995	995	18 member or participant under any other system or fund created
996	996	19 by this Code and is employed on a full-time basis, except for
997	997	20 those members or participants exempted from the provisions of
998	998	21 this Section under subsection (a) of this Section, then the
999	999	22 person's retirement annuity or retirement pension under that
1000	1000	23 system or fund shall be suspended during that employment. Upon
1001	1001	24 termination of that employment, the person's retirement
1002	1002	25 annuity or retirement pension payments shall resume and be
1003	1003	26 recalculated if recalculation is provided for under the
1004	1004
1005	1005
1006	1006
1007	1007
1008	1008
1009	1009	HB1469 - 27 - LRB103 00152 RPS 45157 b
1010	1010
1011	1011
1012	1012	HB1469- 28 -LRB103 00152 RPS 45157 b HB1469 - 28 - LRB103 00152 RPS 45157 b
1013	1013	HB1469 - 28 - LRB103 00152 RPS 45157 b
1014	1014	1 applicable Article of this Code.
1015	1015	2 If a person who first becomes a member of a retirement
1016	1016	3 system or pension fund subject to this Section on or after
1017	1017	4 January 1, 2012 and is receiving a retirement annuity or
1018	1018	5 retirement pension under that system or fund and accepts on a
1019	1019	6 contractual basis a position to provide services to a
1020	1020	7 governmental entity from which he or she has retired, then
1021	1021	8 that person's annuity or retirement pension earned as an
1022	1022	9 active employee of the employer shall be suspended during that
1023	1023	10 contractual service. A person receiving an annuity or
1024	1024	11 retirement pension under this Code shall notify the pension
1025	1025	12 fund or retirement system from which he or she is receiving an
1026	1026	13 annuity or retirement pension, as well as his or her
1027	1027	14 contractual employer, of his or her retirement status before
1028	1028	15 accepting contractual employment. A person who fails to submit
1029	1029	16 such notification shall be guilty of a Class A misdemeanor and
1030	1030	17 required to pay a fine of $1,000. Upon termination of that
1031	1031	18 contractual employment, the person's retirement annuity or
1032	1032	19 retirement pension payments shall resume and, if appropriate,
1033	1033	20 be recalculated under the applicable provisions of this Code.
1034	1034	21 (i) (Blank).
1035	1035	22 (j) In the case of a conflict between the provisions of
1036	1036	23 this Section and any other provision of this Code, the
1037	1037	24 provisions of this Section shall control.
1038	1038	25 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
1039	1039	26 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-813, eff.
1040	1040
1041	1041
1042	1042
1043	1043
1044	1044
1045	1045	HB1469 - 28 - LRB103 00152 RPS 45157 b
1046	1046
1047	1047
1048	1048	HB1469- 29 -LRB103 00152 RPS 45157 b HB1469 - 29 - LRB103 00152 RPS 45157 b
1049	1049	HB1469 - 29 - LRB103 00152 RPS 45157 b
1050	1050	1 5-13-22.)
1051	1051	2 (Text of Section from P.A. 102-956)
1052	1052	3 Sec. 1-160. Provisions applicable to new hires.
1053	1053	4 (a) The provisions of this Section apply to a person who,
1054	1054	5 on or after January 1, 2011, first becomes a member or a
1055	1055	6 participant under any reciprocal retirement system or pension
1056	1056	7 fund established under this Code, other than a retirement
1057	1057	8 system or pension fund established under Article 2, 3, 4, 5, 6,
1058	1058	9 7, 15, or 18 of this Code, notwithstanding any other provision
1059	1059	10 of this Code to the contrary, but do not apply to any
1060	1060	11 self-managed plan established under this Code or to any
1061	1061	12 participant of the retirement plan established under Section
1062	1062	13 22-101; except that this Section applies to a person who
1063	1063	14 elected to establish alternative credits by electing in
1064	1064	15 writing after January 1, 2011, but before August 8, 2011,
1065	1065	16 under Section 7-145.1 of this Code. Notwithstanding anything
1066	1066	17 to the contrary in this Section, for purposes of this Section,
1067	1067	18 a person who is a Tier 1 regular employee as defined in Section
1068	1068	19 7-109.4 of this Code or who participated in a retirement
1069	1069	20 system under Article 15 prior to January 1, 2011 shall be
1070	1070	21 deemed a person who first became a member or participant prior
1071	1071	22 to January 1, 2011 under any retirement system or pension fund
1072	1072	23 subject to this Section. The changes made to this Section by
1073	1073	24 Public Act 98-596 are a clarification of existing law and are
1074	1074	25 intended to be retroactive to January 1, 2011 (the effective
1075	1075
1076	1076
1077	1077
1078	1078
1079	1079
1080	1080	HB1469 - 29 - LRB103 00152 RPS 45157 b
1081	1081
1082	1082
1083	1083	HB1469- 30 -LRB103 00152 RPS 45157 b HB1469 - 30 - LRB103 00152 RPS 45157 b
1084	1084	HB1469 - 30 - LRB103 00152 RPS 45157 b
1085	1085	1 date of Public Act 96-889), notwithstanding the provisions of
1086	1086	2 Section 1-103.1 of this Code.
1087	1087	3 This Section does not apply to a person who first becomes a
1088	1088	4 noncovered employee under Article 14 on or after the
1089	1089	5 implementation date of the plan created under Section 1-161
1090	1090	6 for that Article, unless that person elects under subsection
1091	1091	7 (b) of Section 1-161 to instead receive the benefits provided
1092	1092	8 under this Section and the applicable provisions of that
1093	1093	9 Article.
1094	1094	10 This Section does not apply to a person who first becomes a
1095	1095	11 member or participant under Article 16 on or after the
1096	1096	12 implementation date of the plan created under Section 1-161
1097	1097	13 for that Article, unless that person elects under subsection
1098	1098	14 (b) of Section 1-161 to instead receive the benefits provided
1099	1099	15 under this Section and the applicable provisions of that
1100	1100	16 Article.
1101	1101	17 This Section does not apply to a person who elects under
1102	1102	18 subsection (c-5) of Section 1-161 to receive the benefits
1103	1103	19 under Section 1-161.
1104	1104	20 This Section does not apply to a person who first becomes a
1105	1105	21 member or participant of an affected pension fund on or after 6
1106	1106	22 months after the resolution or ordinance date, as defined in
1107	1107	23 Section 1-162, unless that person elects under subsection (c)
1108	1108	24 of Section 1-162 to receive the benefits provided under this
1109	1109	25 Section and the applicable provisions of the Article under
1110	1110	26 which he or she is a member or participant.
1111	1111
1112	1112
1113	1113
1114	1114
1115	1115
1116	1116	HB1469 - 30 - LRB103 00152 RPS 45157 b
1117	1117
1118	1118
1119	1119	HB1469- 31 -LRB103 00152 RPS 45157 b HB1469 - 31 - LRB103 00152 RPS 45157 b
1120	1120	HB1469 - 31 - LRB103 00152 RPS 45157 b
1121	1121	1 (b) "Final average salary" means, except as otherwise
1122	1122	2 provided in this subsection, the average monthly (or annual)
1123	1123	3 salary obtained by dividing the total salary or earnings
1124	1124	4 calculated under the Article applicable to the member or
1125	1125	5 participant during the 96 consecutive months (or 8 consecutive
1126	1126	6 years) of service within the last 120 months (or 10 years) of
1127	1127	7 service in which the total salary or earnings calculated under
1128	1128	8 the applicable Article was the highest by the number of months
1129	1129	9 (or years) of service in that period. For the purposes of a
1130	1130	10 person who first becomes a member or participant of any
1131	1131	11 retirement system or pension fund to which this Section
1132	1132	12 applies on or after January 1, 2011, in this Code, "final
1133	1133	13 average salary" shall be substituted for the following:
1134	1134	14 (1) (Blank).
1135	1135	15 (2) In Articles 8, 9, 10, 11, and 12, "highest average
1136	1136	16 annual salary for any 4 consecutive years within the last
1137	1137	17 10 years of service immediately preceding the date of
1138	1138	18 withdrawal".
1139	1139	19 (3) In Article 13, "average final salary".
1140	1140	20 (4) In Article 14, "final average compensation".
1141	1141	21 (5) In Article 17, "average salary".
1142	1142	22 (6) In Section 22-207, "wages or salary received by
1143	1143	23 him at the date of retirement or discharge".
1144	1144	24 A member of the Teachers' Retirement System of the State
1145	1145	25 of Illinois who retires on or after June 1, 2021 and for whom
1146	1146	26 the 2020-2021 school year is used in the calculation of the
1147	1147
1148	1148
1149	1149
1150	1150
1151	1151
1152	1152	HB1469 - 31 - LRB103 00152 RPS 45157 b
1153	1153
1154	1154
1155	1155	HB1469- 32 -LRB103 00152 RPS 45157 b HB1469 - 32 - LRB103 00152 RPS 45157 b
1156	1156	HB1469 - 32 - LRB103 00152 RPS 45157 b
1157	1157	1 member's final average salary shall use the higher of the
1158	1158	2 following for the purpose of determining the member's final
1159	1159	3 average salary:
1160	1160	4 (A) the amount otherwise calculated under the first
1161	1161	5 paragraph of this subsection; or
1162	1162	6 (B) an amount calculated by the Teachers' Retirement
1163	1163	7 System of the State of Illinois using the average of the
1164	1164	8 monthly (or annual) salary obtained by dividing the total
1165	1165	9 salary or earnings calculated under Article 16 applicable
1166	1166	10 to the member or participant during the 96 months (or 8
1167	1167	11 years) of service within the last 120 months (or 10 years)
1168	1168	12 of service in which the total salary or earnings
1169	1169	13 calculated under the Article was the highest by the number
1170	1170	14 of months (or years) of service in that period.
1171	1171	15 (b-5) Beginning on January 1, 2011, for all purposes under
1172	1172	16 this Code (including without limitation the calculation of
1173	1173	17 benefits and employee contributions), the annual earnings,
1174	1174	18 salary, or wages (based on the plan year) of a member or
1175	1175	19 participant to whom this Section applies shall not exceed
1176	1176	20 $106,800; however, that amount shall annually thereafter be
1177	1177	21 increased by the lesser of (i) 3% of that amount, including all
1178	1178	22 previous adjustments, or (ii) one-half the annual unadjusted
1179	1179	23 percentage increase (but not less than zero) in the consumer
1180	1180	24 price index-u for the 12 months ending with the September
1181	1181	25 preceding each November 1, including all previous adjustments.
1182	1182	26 For the purposes of this Section, "consumer price index-u"
1183	1183
1184	1184
1185	1185
1186	1186
1187	1187
1188	1188	HB1469 - 32 - LRB103 00152 RPS 45157 b
1189	1189
1190	1190
1191	1191	HB1469- 33 -LRB103 00152 RPS 45157 b HB1469 - 33 - LRB103 00152 RPS 45157 b
1192	1192	HB1469 - 33 - LRB103 00152 RPS 45157 b
1193	1193	1 means the index published by the Bureau of Labor Statistics of
1194	1194	2 the United States Department of Labor that measures the
1195	1195	3 average change in prices of goods and services purchased by
1196	1196	4 all urban consumers, United States city average, all items,
1197	1197	5 1982-84 = 100. The new amount resulting from each annual
1198	1198	6 adjustment shall be determined by the Public Pension Division
1199	1199	7 of the Department of Insurance and made available to the
1200	1200	8 boards of the retirement systems and pension funds by November
1201	1201	9 1 of each year.
1202	1202	10 (c) A member or participant is entitled to a retirement
1203	1203	11 annuity upon written application if he or she has attained age
1204	1204	12 67 (age 65, with respect to service under Article 12 that is
1205	1205	13 subject to this Section, for a member or participant under
1206	1206	14 Article 12 who first becomes a member or participant under
1207	1207	15 Article 12 on or after January 1, 2022 or who makes the
1208	1208	16 election under item (i) of subsection (d-15) of this Section)
1209	1209	17 and has at least 10 years of service credit and is otherwise
1210	1210	18 eligible under the requirements of the applicable Article.
1211	1211	19 A member or participant who has attained age 62 (age 60,
1212	1212	20 with respect to service under Article 12 that is subject to
1213	1213	21 this Section, for a member or participant under Article 12 who
1214	1214	22 first becomes a member or participant under Article 12 on or
1215	1215	23 after January 1, 2022 or who makes the election under item (i)
1216	1216	24 of subsection (d-15) of this Section) and has at least 10 years
1217	1217	25 of service credit and is otherwise eligible under the
1218	1218	26 requirements of the applicable Article may elect to receive
1219	1219
1220	1220
1221	1221
1222	1222
1223	1223
1224	1224	HB1469 - 33 - LRB103 00152 RPS 45157 b
1225	1225
1226	1226
1227	1227	HB1469- 34 -LRB103 00152 RPS 45157 b HB1469 - 34 - LRB103 00152 RPS 45157 b
1228	1228	HB1469 - 34 - LRB103 00152 RPS 45157 b
1229	1229	1 the lower retirement annuity provided in subsection (d) of
1230	1230	2 this Section.
1231	1231	3 (c-5) A person who first becomes a member or a participant
1232	1232	4 subject to this Section on or after July 6, 2017 (the effective
1233	1233	5 date of Public Act 100-23), notwithstanding any other
1234	1234	6 provision of this Code to the contrary, is entitled to a
1235	1235	7 retirement annuity under Article 8 or Article 11 upon written
1236	1236	8 application if he or she has attained age 65 and has at least
1237	1237	9 10 years of service credit and is otherwise eligible under the
1238	1238	10 requirements of Article 8 or Article 11 of this Code,
1239	1239	11 whichever is applicable.
1240	1240	12 (c-10) Notwithstanding any other provision of this Code to
1241	1241	13 the contrary, a participant under Article 9 who is (i) subject
1242	1242	14 to this Section, (ii) a deputy sheriff, and (iii) a member of
1243	1243	15 the Cook County Police Department is entitled to a retirement
1244	1244	16 annuity upon written application if he or she has attained age
1245	1245	17 55, has at least 20 years of service credit for service in the
1246	1246	18 position of deputy sheriff, and is otherwise eligible under
1247	1247	19 Article 9.
1248	1248	20 (d) The retirement annuity of a member or participant who
1249	1249	21 is retiring after attaining age 62 (age 60, with respect to
1250	1250	22 service under Article 12 that is subject to this Section, for a
1251	1251	23 member or participant under Article 12 who first becomes a
1252	1252	24 member or participant under Article 12 on or after January 1,
1253	1253	25 2022 or who makes the election under item (i) of subsection
1254	1254	26 (d-15) of this Section) with at least 10 years of service
1255	1255
1256	1256
1257	1257
1258	1258
1259	1259
1260	1260	HB1469 - 34 - LRB103 00152 RPS 45157 b
1261	1261
1262	1262
1263	1263	HB1469- 35 -LRB103 00152 RPS 45157 b HB1469 - 35 - LRB103 00152 RPS 45157 b
1264	1264	HB1469 - 35 - LRB103 00152 RPS 45157 b
1265	1265	1 credit shall be reduced by one-half of 1% for each full month
1266	1266	2 that the member's age is under age 67 (age 65, with respect to
1267	1267	3 service under Article 12 that is subject to this Section, for a
1268	1268	4 member or participant under Article 12 who first becomes a
1269	1269	5 member or participant under Article 12 on or after January 1,
1270	1270	6 2022 or who makes the election under item (i) of subsection
1271	1271	7 (d-15) of this Section).
1272	1272	8 (d-5) The retirement annuity payable under Article 8 or
1273	1273	9 Article 11 to an eligible person subject to subsection (c-5)
1274	1274	10 of this Section who is retiring at age 60 with at least 10
1275	1275	11 years of service credit shall be reduced by one-half of 1% for
1276	1276	12 each full month that the member's age is under age 65.
1277	1277	13 (d-10) Each person who first became a member or
1278	1278	14 participant under Article 8 or Article 11 of this Code on or
1279	1279	15 after January 1, 2011 and prior to July 6, 2017 (the effective
1280	1280	16 date of Public Act 100-23) shall make an irrevocable election
1281	1281	17 either:
1282	1282	18 (i) to be eligible for the reduced retirement age
1283	1283	19 provided in subsections (c-5) and (d-5) of this Section,
1284	1284	20 the eligibility for which is conditioned upon the member
1285	1285	21 or participant agreeing to the increases in employee
1286	1286	22 contributions for age and service annuities provided in
1287	1287	23 subsection (a-5) of Section 8-174 of this Code (for
1288	1288	24 service under Article 8) or subsection (a-5) of Section
1289	1289	25 11-170 of this Code (for service under Article 11); or
1290	1290	26 (ii) to not agree to item (i) of this subsection
1291	1291
1292	1292
1293	1293
1294	1294
1295	1295
1296	1296	HB1469 - 35 - LRB103 00152 RPS 45157 b
1297	1297
1298	1298
1299	1299	HB1469- 36 -LRB103 00152 RPS 45157 b HB1469 - 36 - LRB103 00152 RPS 45157 b
1300	1300	HB1469 - 36 - LRB103 00152 RPS 45157 b
1301	1301	1 (d-10), in which case the member or participant shall
1302	1302	2 continue to be subject to the retirement age provisions in
1303	1303	3 subsections (c) and (d) of this Section and the employee
1304	1304	4 contributions for age and service annuity as provided in
1305	1305	5 subsection (a) of Section 8-174 of this Code (for service
1306	1306	6 under Article 8) or subsection (a) of Section 11-170 of
1307	1307	7 this Code (for service under Article 11).
1308	1308	8 The election provided for in this subsection shall be made
1309	1309	9 between October 1, 2017 and November 15, 2017. A person
1310	1310	10 subject to this subsection who makes the required election
1311	1311	11 shall remain bound by that election. A person subject to this
1312	1312	12 subsection who fails for any reason to make the required
1313	1313	13 election within the time specified in this subsection shall be
1314	1314	14 deemed to have made the election under item (ii).
1315	1315	15 (d-15) Each person who first becomes a member or
1316	1316	16 participant under Article 12 on or after January 1, 2011 and
1317	1317	17 prior to January 1, 2022 shall make an irrevocable election
1318	1318	18 either:
1319	1319	19 (i) to be eligible for the reduced retirement age
1320	1320	20 specified in subsections (c) and (d) of this Section, the
1321	1321	21 eligibility for which is conditioned upon the member or
1322	1322	22 participant agreeing to the increase in employee
1323	1323	23 contributions for service annuities specified in
1324	1324	24 subsection (b) of Section 12-150; or
1325	1325	25 (ii) to not agree to item (i) of this subsection
1326	1326	26 (d-15), in which case the member or participant shall not
1327	1327
1328	1328
1329	1329
1330	1330
1331	1331
1332	1332	HB1469 - 36 - LRB103 00152 RPS 45157 b
1333	1333
1334	1334
1335	1335	HB1469- 37 -LRB103 00152 RPS 45157 b HB1469 - 37 - LRB103 00152 RPS 45157 b
1336	1336	HB1469 - 37 - LRB103 00152 RPS 45157 b
1337	1337	1 be eligible for the reduced retirement age specified in
1338	1338	2 subsections (c) and (d) of this Section and shall not be
1339	1339	3 subject to the increase in employee contributions for
1340	1340	4 service annuities specified in subsection (b) of Section
1341	1341	5 12-150.
1342	1342	6 The election provided for in this subsection shall be made
1343	1343	7 between January 1, 2022 and April 1, 2022. A person subject to
1344	1344	8 this subsection who makes the required election shall remain
1345	1345	9 bound by that election. A person subject to this subsection
1346	1346	10 who fails for any reason to make the required election within
1347	1347	11 the time specified in this subsection shall be deemed to have
1348	1348	12 made the election under item (ii).
1349	1349	13 (e) Any retirement annuity or supplemental annuity shall
1350	1350	14 be subject to annual increases on the January 1 occurring
1351	1351	15 either on or after the attainment of age 67 (age 65, with
1352	1352	16 respect to service under Article 12 that is subject to this
1353	1353	17 Section, for a member or participant under Article 12 who
1354	1354	18 first becomes a member or participant under Article 12 on or
1355	1355	19 after January 1, 2022 or who makes the election under item (i)
1356	1356	20 of subsection (d-15); and beginning on July 6, 2017 (the
1357	1357	21 effective date of Public Act 100-23), age 65 with respect to
1358	1358	22 service under Article 8 or Article 11 for eligible persons
1359	1359	23 who: (i) are subject to subsection (c-5) of this Section; or
1360	1360	24 (ii) made the election under item (i) of subsection (d-10) of
1361	1361	25 this Section) or the first anniversary of the annuity start
1362	1362	26 date, whichever is later. Each annual increase shall be
1363	1363
1364	1364
1365	1365
1366	1366
1367	1367
1368	1368	HB1469 - 37 - LRB103 00152 RPS 45157 b
1369	1369
1370	1370
1371	1371	HB1469- 38 -LRB103 00152 RPS 45157 b HB1469 - 38 - LRB103 00152 RPS 45157 b
1372	1372	HB1469 - 38 - LRB103 00152 RPS 45157 b
1373	1373	1 calculated at 3% or one-half the annual unadjusted percentage
1374	1374	2 increase (but not less than zero) in the consumer price
1375	1375	3 index-u for the 12 months ending with the September preceding
1376	1376	4 each November 1, whichever is less, of the originally granted
1377	1377	5 retirement annuity. If the annual unadjusted percentage change
1378	1378	6 in the consumer price index-u for the 12 months ending with the
1379	1379	7 September preceding each November 1 is zero or there is a
1380	1380	8 decrease, then the annuity shall not be increased.
1381	1381	9 Notwithstanding any other provision of this Code to the
1382	1382	10 contrary, the retirement annuity of a participant to whom
1383	1383	11 subsection (c-10) applies shall be subject to annual increases
1384	1384	12 on the January 1 following the first anniversary of the
1385	1385	13 annuity start date. Each annual increase shall be calculated
1386	1386	14 at 3% or one-half the annual unadjusted percentage increase
1387	1387	15 (but not less than zero) in the consumer price index-u for the
1388	1388	16 12 months ending with the September preceding each November 1,
1389	1389	17 whichever is less, of the originally granted retirement
1390	1390	18 annuity. If the annual unadjusted percentage change in the
1391	1391	19 consumer price index-u for the 12 months ending with the
1392	1392	20 September preceding each November 1 is zero or there is a
1393	1393	21 decrease, then the annuity shall not be increased.
1394	1394	22 For the purposes of Section 1-103.1 of this Code, the
1395	1395	23 changes made to this Section by Public Act 102-263 are
1396	1396	24 applicable without regard to whether the employee was in
1397	1397	25 active service on or after August 6, 2021 (the effective date
1398	1398	26 of Public Act 102-263).
1399	1399
1400	1400
1401	1401
1402	1402
1403	1403
1404	1404	HB1469 - 38 - LRB103 00152 RPS 45157 b
1405	1405
1406	1406
1407	1407	HB1469- 39 -LRB103 00152 RPS 45157 b HB1469 - 39 - LRB103 00152 RPS 45157 b
1408	1408	HB1469 - 39 - LRB103 00152 RPS 45157 b
1409	1409	1 For the purposes of Section 1-103.1 of this Code, the
1410	1410	2 changes made to this Section by Public Act 100-23 are
1411	1411	3 applicable without regard to whether the employee was in
1412	1412	4 active service on or after July 6, 2017 (the effective date of
1413	1413	5 Public Act 100-23).
1414	1414	6 (f) The initial survivor's or widow's annuity of an
1415	1415	7 otherwise eligible survivor or widow of a retired member or
1416	1416	8 participant who first became a member or participant on or
1417	1417	9 after January 1, 2011 shall be in the amount of 66 2/3% of the
1418	1418	10 retired member's or participant's retirement annuity at the
1419	1419	11 date of death. In the case of the death of a member or
1420	1420	12 participant who has not retired and who first became a member
1421	1421	13 or participant on or after January 1, 2011, eligibility for a
1422	1422	14 survivor's or widow's annuity shall be determined by the
1423	1423	15 applicable Article of this Code. The initial benefit shall be
1424	1424	16 66 2/3% of the earned annuity without a reduction due to age. A
1425	1425	17 child's annuity of an otherwise eligible child shall be in the
1426	1426	18 amount prescribed under each Article if applicable. Any
1427	1427	19 survivor's or widow's annuity shall be increased (1) on each
1428	1428	20 January 1 occurring on or after the commencement of the
1429	1429	21 annuity if the deceased member died while receiving a
1430	1430	22 retirement annuity or (2) in other cases, on each January 1
1431	1431	23 occurring after the first anniversary of the commencement of
1432	1432	24 the annuity. Each annual increase shall be calculated at 3% or
1433	1433	25 one-half the annual unadjusted percentage increase (but not
1434	1434	26 less than zero) in the consumer price index-u for the 12 months
1435	1435
1436	1436
1437	1437
1438	1438
1439	1439
1440	1440	HB1469 - 39 - LRB103 00152 RPS 45157 b
1441	1441
1442	1442
1443	1443	HB1469- 40 -LRB103 00152 RPS 45157 b HB1469 - 40 - LRB103 00152 RPS 45157 b
1444	1444	HB1469 - 40 - LRB103 00152 RPS 45157 b
1445	1445	1 ending with the September preceding each November 1, whichever
1446	1446	2 is less, of the originally granted survivor's annuity. If the
1447	1447	3 annual unadjusted percentage change in the consumer price
1448	1448	4 index-u for the 12 months ending with the September preceding
1449	1449	5 each November 1 is zero or there is a decrease, then the
1450	1450	6 annuity shall not be increased.
1451	1451	7 (g) The benefits in Section 14-110 apply only if the
1452	1452	8 person is a State policeman, a fire fighter in the fire
1453	1453	9 protection service of a department, a conservation police
1454	1454	10 officer, an investigator for the Secretary of State, an
1455	1455	11 investigator for the Office of the Attorney General, an arson
1456	1456	12 investigator, a Commerce Commission police officer,
1457	1457	13 investigator for the Department of Revenue or the Illinois
1458	1458	14 Gaming Board, a security employee of the Department of
1459	1459	15 Corrections or the Department of Juvenile Justice, or a
1460	1460	16 security employee of the Department of Innovation and
1461	1461	17 Technology, as those terms are defined in subsection (b) and
1462	1462	18 subsection (c) of Section 14-110. A person who meets the
1463	1463	19 requirements of this Section is entitled to an annuity
1464	1464	20 calculated under the provisions of Section 14-110, in lieu of
1465	1465	21 the regular or minimum retirement annuity, only if the person
1466	1466	22 has withdrawn from service with not less than 20 years of
1467	1467	23 eligible creditable service and has attained age 60,
1468	1468	24 regardless of whether the attainment of age 60 occurs while
1469	1469	25 the person is still in service.
1470	1470	26 (g-5) The benefits in Section 14-110 apply if the person
1471	1471
1472	1472
1473	1473
1474	1474
1475	1475
1476	1476	HB1469 - 40 - LRB103 00152 RPS 45157 b
1477	1477
1478	1478
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1480	1480	HB1469 - 41 - LRB103 00152 RPS 45157 b
1481	1481	1 is a State policeman, investigator for the Secretary of State,
1482	1482	2 conservation police officer, investigator for the Department
1483	1483	3 of Revenue or the Illinois Gaming Board, investigator for the
1484	1484	4 Office of the Attorney General, Commerce Commission police
1485	1485	5 officer, or arson investigator, as those terms are defined in
1486	1486	6 subsection (b) and subsection (c) of Section 14-110. A person
1487	1487	7 who meets the requirements of this Section is entitled to an
1488	1488	8 annuity calculated under the provisions of Section 14-110, in
1489	1489	9 lieu of the regular or minimum retirement annuity, only if the
1490	1490	10 person has withdrawn from service with not less than 20 years
1491	1491	11 of eligible creditable service and has attained age 55,
1492	1492	12 regardless of whether the attainment of age 55 occurs while
1493	1493	13 the person is still in service.
1494	1494	14 (h) If a person who first becomes a member or a participant
1495	1495	15 of a retirement system or pension fund subject to this Section
1496	1496	16 on or after January 1, 2011 is receiving a retirement annuity
1497	1497	17 or retirement pension under that system or fund and becomes a
1498	1498	18 member or participant under any other system or fund created
1499	1499	19 by this Code and is employed on a full-time basis, except for
1500	1500	20 those members or participants exempted from the provisions of
1501	1501	21 this Section under subsection (a) of this Section, then the
1502	1502	22 person's retirement annuity or retirement pension under that
1503	1503	23 system or fund shall be suspended during that employment. Upon
1504	1504	24 termination of that employment, the person's retirement
1505	1505	25 annuity or retirement pension payments shall resume and be
1506	1506	26 recalculated if recalculation is provided for under the
1507	1507
1508	1508
1509	1509
1510	1510
1511	1511
1512	1512	HB1469 - 41 - LRB103 00152 RPS 45157 b
1513	1513
1514	1514
1515	1515	HB1469- 42 -LRB103 00152 RPS 45157 b HB1469 - 42 - LRB103 00152 RPS 45157 b
1516	1516	HB1469 - 42 - LRB103 00152 RPS 45157 b
1517	1517	1 applicable Article of this Code.
1518	1518	2 If a person who first becomes a member of a retirement
1519	1519	3 system or pension fund subject to this Section on or after
1520	1520	4 January 1, 2012 and is receiving a retirement annuity or
1521	1521	5 retirement pension under that system or fund and accepts on a
1522	1522	6 contractual basis a position to provide services to a
1523	1523	7 governmental entity from which he or she has retired, then
1524	1524	8 that person's annuity or retirement pension earned as an
1525	1525	9 active employee of the employer shall be suspended during that
1526	1526	10 contractual service. A person receiving an annuity or
1527	1527	11 retirement pension under this Code shall notify the pension
1528	1528	12 fund or retirement system from which he or she is receiving an
1529	1529	13 annuity or retirement pension, as well as his or her
1530	1530	14 contractual employer, of his or her retirement status before
1531	1531	15 accepting contractual employment. A person who fails to submit
1532	1532	16 such notification shall be guilty of a Class A misdemeanor and
1533	1533	17 required to pay a fine of $1,000. Upon termination of that
1534	1534	18 contractual employment, the person's retirement annuity or
1535	1535	19 retirement pension payments shall resume and, if appropriate,
1536	1536	20 be recalculated under the applicable provisions of this Code.
1537	1537	21 (i) (Blank).
1538	1538	22 (j) In the case of a conflict between the provisions of
1539	1539	23 this Section and any other provision of this Code, the
1540	1540	24 provisions of this Section shall control.
1541	1541	25 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
1542	1542	26 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-956, eff.
1543	1543
1544	1544
1545	1545
1546	1546
1547	1547
1548	1548	HB1469 - 42 - LRB103 00152 RPS 45157 b
1549	1549
1550	1550
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1552	1552	HB1469 - 43 - LRB103 00152 RPS 45157 b
1553	1553	1 5-27-22.)
1554	1554	2 Section 90. The State Mandates Act is amended by adding
1555	1555	3 Section 8.47 as follows:
1556	1556	4 (30 ILCS 805/8.47 new)
1557	1557	5 Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
1558	1558	6 8 of this Act, no reimbursement by the State is required for
1559	1559	7 the implementation of any mandate created by this amendatory
1560	1560	8 Act of the 103rd General Assembly.
1561	1561	9 Section 99. Effective date. This Act takes effect upon
1562	1562	10 becoming law.
1563	1563
1564	1564
1565	1565
1566	1566
1567	1567
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