| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0529 | |
| 2 | 1 | HB2352 EnrolledLRB103 27717 RPS 54094 b HB2352 Enrolled LRB103 27717 RPS 54094 b | |
| 3 | 2 | HB2352 Enrolled LRB103 27717 RPS 54094 b | |
| 4 | - | AN ACT concerning public employee benefits. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 5. The Illinois Pension Code is amended by | |
| 8 | - | changing Sections 1-160, 9-169, 9-179.1, 9-184, 9-185, 9-195, | |
| 9 | - | and 9-199 and by adding Sections 9-169.1, 9-169.2, and 9-240 | |
| 10 | - | as follows: | |
| 11 | - | (40 ILCS 5/1-160) | |
| 12 | - | (Text of Section from P.A. 102-719) | |
| 13 | - | Sec. 1-160. Provisions applicable to new hires. | |
| 14 | - | (a) The provisions of this Section apply to a person who, | |
| 15 | - | on or after January 1, 2011, first becomes a member or a | |
| 16 | - | participant under any reciprocal retirement system or pension | |
| 17 | - | fund established under this Code, other than a retirement | |
| 18 | - | system or pension fund established under Article 2, 3, 4, 5, 6, | |
| 19 | - | 7, 15, or 18 of this Code, notwithstanding any other provision | |
| 20 | - | of this Code to the contrary, but do not apply to any | |
| 21 | - | self-managed plan established under this Code or to any | |
| 22 | - | participant of the retirement plan established under Section | |
| 23 | - | 22-101; except that this Section applies to a person who | |
| 24 | - | elected to establish alternative credits by electing in | |
| 25 | - | writing after January 1, 2011, but before August 8, 2011, | |
| 26 | - | under Section 7-145.1 of this Code. Notwithstanding anything | |
| 3 | + | 1 AN ACT concerning public employee benefits. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 5. The Illinois Pension Code is amended by | |
| 7 | + | 5 changing Sections 1-160, 9-169, 9-179.1, 9-184, 9-185, 9-195, | |
| 8 | + | 6 and 9-199 and by adding Sections 9-169.1, 9-169.2, and 9-240 | |
| 9 | + | 7 as follows: | |
| 10 | + | 8 (40 ILCS 5/1-160) | |
| 11 | + | 9 (Text of Section from P.A. 102-719) | |
| 12 | + | 10 Sec. 1-160. Provisions applicable to new hires. | |
| 13 | + | 11 (a) The provisions of this Section apply to a person who, | |
| 14 | + | 12 on or after January 1, 2011, first becomes a member or a | |
| 15 | + | 13 participant under any reciprocal retirement system or pension | |
| 16 | + | 14 fund established under this Code, other than a retirement | |
| 17 | + | 15 system or pension fund established under Article 2, 3, 4, 5, 6, | |
| 18 | + | 16 7, 15, or 18 of this Code, notwithstanding any other provision | |
| 19 | + | 17 of this Code to the contrary, but do not apply to any | |
| 20 | + | 18 self-managed plan established under this Code or to any | |
| 21 | + | 19 participant of the retirement plan established under Section | |
| 22 | + | 20 22-101; except that this Section applies to a person who | |
| 23 | + | 21 elected to establish alternative credits by electing in | |
| 24 | + | 22 writing after January 1, 2011, but before August 8, 2011, | |
| 25 | + | 23 under Section 7-145.1 of this Code. Notwithstanding anything | |
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | ||
| 30 | 29 | HB2352 Enrolled LRB103 27717 RPS 54094 b | |
| 31 | 30 | ||
| 32 | 31 | ||
| 33 | - | to the contrary in this Section, for purposes of this Section, | |
| 34 | - | a person who is a Tier 1 regular employee as defined in Section | |
| 35 | - | 7-109.4 of this Code or who participated in a retirement | |
| 36 | - | system under Article 15 prior to January 1, 2011 shall be | |
| 37 | - | deemed a person who first became a member or participant prior | |
| 38 | - | to January 1, 2011 under any retirement system or pension fund | |
| 39 | - | subject to this Section. The changes made to this Section by | |
| 40 | - | Public Act 98-596 are a clarification of existing law and are | |
| 41 | - | intended to be retroactive to January 1, 2011 (the effective | |
| 42 | - | date of Public Act 96-889), notwithstanding the provisions of | |
| 43 | - | Section 1-103.1 of this Code. | |
| 44 | - | This Section does not apply to a person who first becomes a | |
| 45 | - | noncovered employee under Article 14 on or after the | |
| 46 | - | implementation date of the plan created under Section 1-161 | |
| 47 | - | for that Article, unless that person elects under subsection | |
| 48 | - | (b) of Section 1-161 to instead receive the benefits provided | |
| 49 | - | under this Section and the applicable provisions of that | |
| 50 | - | Article. | |
| 51 | - | This Section does not apply to a person who first becomes a | |
| 52 | - | member or participant under Article 16 on or after the | |
| 53 | - | implementation date of the plan created under Section 1-161 | |
| 54 | - | for that Article, unless that person elects under subsection | |
| 55 | - | (b) of Section 1-161 to instead receive the benefits provided | |
| 56 | - | under this Section and the applicable provisions of that | |
| 57 | - | Article. | |
| 58 | - | This Section does not apply to a person who elects under | |
| 32 | + | HB2352 Enrolled- 2 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 2 - LRB103 27717 RPS 54094 b | |
| 33 | + | HB2352 Enrolled - 2 - LRB103 27717 RPS 54094 b | |
| 34 | + | 1 to the contrary in this Section, for purposes of this Section, | |
| 35 | + | 2 a person who is a Tier 1 regular employee as defined in Section | |
| 36 | + | 3 7-109.4 of this Code or who participated in a retirement | |
| 37 | + | 4 system under Article 15 prior to January 1, 2011 shall be | |
| 38 | + | 5 deemed a person who first became a member or participant prior | |
| 39 | + | 6 to January 1, 2011 under any retirement system or pension fund | |
| 40 | + | 7 subject to this Section. The changes made to this Section by | |
| 41 | + | 8 Public Act 98-596 are a clarification of existing law and are | |
| 42 | + | 9 intended to be retroactive to January 1, 2011 (the effective | |
| 43 | + | 10 date of Public Act 96-889), notwithstanding the provisions of | |
| 44 | + | 11 Section 1-103.1 of this Code. | |
| 45 | + | 12 This Section does not apply to a person who first becomes a | |
| 46 | + | 13 noncovered employee under Article 14 on or after the | |
| 47 | + | 14 implementation date of the plan created under Section 1-161 | |
| 48 | + | 15 for that Article, unless that person elects under subsection | |
| 49 | + | 16 (b) of Section 1-161 to instead receive the benefits provided | |
| 50 | + | 17 under this Section and the applicable provisions of that | |
| 51 | + | 18 Article. | |
| 52 | + | 19 This Section does not apply to a person who first becomes a | |
| 53 | + | 20 member or participant under Article 16 on or after the | |
| 54 | + | 21 implementation date of the plan created under Section 1-161 | |
| 55 | + | 22 for that Article, unless that person elects under subsection | |
| 56 | + | 23 (b) of Section 1-161 to instead receive the benefits provided | |
| 57 | + | 24 under this Section and the applicable provisions of that | |
| 58 | + | 25 Article. | |
| 59 | + | 26 This Section does not apply to a person who elects under | |
| 59 | 60 | ||
| 60 | 61 | ||
| 61 | - | subsection (c-5) of Section 1-161 to receive the benefits | |
| 62 | - | under Section 1-161. | |
| 63 | - | This Section does not apply to a person who first becomes a | |
| 64 | - | member or participant of an affected pension fund on or after 6 | |
| 65 | - | months after the resolution or ordinance date, as defined in | |
| 66 | - | Section 1-162, unless that person elects under subsection (c) | |
| 67 | - | of Section 1-162 to receive the benefits provided under this | |
| 68 | - | Section and the applicable provisions of the Article under | |
| 69 | - | which he or she is a member or participant. | |
| 70 | - | (b) "Final average salary" means, except as otherwise | |
| 71 | - | provided in this subsection, the average monthly (or annual) | |
| 72 | - | salary obtained by dividing the total salary or earnings | |
| 73 | - | calculated under the Article applicable to the member or | |
| 74 | - | participant during the 96 consecutive months (or 8 consecutive | |
| 75 | - | years) of service within the last 120 months (or 10 years) of | |
| 76 | - | service in which the total salary or earnings calculated under | |
| 77 | - | the applicable Article was the highest by the number of months | |
| 78 | - | (or years) of service in that period. For the purposes of a | |
| 79 | - | person who first becomes a member or participant of any | |
| 80 | - | retirement system or pension fund to which this Section | |
| 81 | - | applies on or after January 1, 2011, in this Code, "final | |
| 82 | - | average salary" shall be substituted for the following: | |
| 83 | - | (1) (Blank). | |
| 84 | - | (2) In Articles 8, 9, 10, 11, and 12, "highest average | |
| 85 | - | annual salary for any 4 consecutive years within the last | |
| 86 | - | 10 years of service immediately preceding the date of | |
| 87 | 62 | ||
| 88 | 63 | ||
| 89 | - | withdrawal". | |
| 90 | - | (3) In Article 13, "average final salary". | |
| 91 | - | (4) In Article 14, "final average compensation". | |
| 92 | - | (5) In Article 17, "average salary". | |
| 93 | - | (6) In Section 22-207, "wages or salary received by | |
| 94 | - | him at the date of retirement or discharge". | |
| 95 | - | A member of the Teachers' Retirement System of the State | |
| 96 | - | of Illinois who retires on or after June 1, 2021 and for whom | |
| 97 | - | the 2020-2021 school year is used in the calculation of the | |
| 98 | - | member's final average salary shall use the higher of the | |
| 99 | - | following for the purpose of determining the member's final | |
| 100 | - | average salary: | |
| 101 | - | (A) the amount otherwise calculated under the first | |
| 102 | - | paragraph of this subsection; or | |
| 103 | - | (B) an amount calculated by the Teachers' Retirement | |
| 104 | - | System of the State of Illinois using the average of the | |
| 105 | - | monthly (or annual) salary obtained by dividing the total | |
| 106 | - | salary or earnings calculated under Article 16 applicable | |
| 107 | - | to the member or participant during the 96 months (or 8 | |
| 108 | - | years) of service within the last 120 months (or 10 years) | |
| 109 | - | of service in which the total salary or earnings | |
| 110 | - | calculated under the Article was the highest by the number | |
| 111 | - | of months (or years) of service in that period. | |
| 112 | - | (b-5) Beginning on January 1, 2011, for all purposes under | |
| 113 | - | this Code (including without limitation the calculation of | |
| 114 | - | benefits and employee contributions), the annual earnings, | |
| 64 | + | ||
| 65 | + | HB2352 Enrolled - 2 - LRB103 27717 RPS 54094 b | |
| 115 | 66 | ||
| 116 | 67 | ||
| 117 | - | salary, or wages (based on the plan year) of a member or | |
| 118 | - | participant to whom this Section applies shall not exceed | |
| 119 | - | $106,800; however, that amount shall annually thereafter be | |
| 120 | - | increased by the lesser of (i) 3% of that amount, including all | |
| 121 | - | previous adjustments, or (ii) one-half the annual unadjusted | |
| 122 | - | percentage increase (but not less than zero) in the consumer | |
| 123 | - | price index-u for the 12 months ending with the September | |
| 124 | - | preceding each November 1, including all previous adjustments. | |
| 125 | - | For the purposes of this Section, "consumer price index-u" | |
| 126 | - | means the index published by the Bureau of Labor Statistics of | |
| 127 | - | the United States Department of Labor that measures the | |
| 128 | - | average change in prices of goods and services purchased by | |
| 129 | - | all urban consumers, United States city average, all items, | |
| 130 | - | 1982-84 = 100. The new amount resulting from each annual | |
| 131 | - | adjustment shall be determined by the Public Pension Division | |
| 132 | - | of the Department of Insurance and made available to the | |
| 133 | - | boards of the retirement systems and pension funds by November | |
| 134 | - | 1 of each year. | |
| 135 | - | (b-10) Beginning on January 1, 2024, for all purposes | |
| 136 | - | under this Code (including, without limitation, the | |
| 137 | - | calculation of benefits and employee contributions), the | |
| 138 | - | annual earnings, salary, or wages (based on the plan year) of a | |
| 139 | - | member or participant under Article 9 to whom this Section | |
| 140 | - | applies shall include an annual earnings, salary, or wage cap | |
| 141 | - | that tracks the Social Security wage base. Maximum annual | |
| 142 | - | earnings, wages, or salary shall be the annual contribution | |
| 68 | + | HB2352 Enrolled- 3 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 3 - LRB103 27717 RPS 54094 b | |
| 69 | + | HB2352 Enrolled - 3 - LRB103 27717 RPS 54094 b | |
| 70 | + | 1 subsection (c-5) of Section 1-161 to receive the benefits | |
| 71 | + | 2 under Section 1-161. | |
| 72 | + | 3 This Section does not apply to a person who first becomes a | |
| 73 | + | 4 member or participant of an affected pension fund on or after 6 | |
| 74 | + | 5 months after the resolution or ordinance date, as defined in | |
| 75 | + | 6 Section 1-162, unless that person elects under subsection (c) | |
| 76 | + | 7 of Section 1-162 to receive the benefits provided under this | |
| 77 | + | 8 Section and the applicable provisions of the Article under | |
| 78 | + | 9 which he or she is a member or participant. | |
| 79 | + | 10 (b) "Final average salary" means, except as otherwise | |
| 80 | + | 11 provided in this subsection, the average monthly (or annual) | |
| 81 | + | 12 salary obtained by dividing the total salary or earnings | |
| 82 | + | 13 calculated under the Article applicable to the member or | |
| 83 | + | 14 participant during the 96 consecutive months (or 8 consecutive | |
| 84 | + | 15 years) of service within the last 120 months (or 10 years) of | |
| 85 | + | 16 service in which the total salary or earnings calculated under | |
| 86 | + | 17 the applicable Article was the highest by the number of months | |
| 87 | + | 18 (or years) of service in that period. For the purposes of a | |
| 88 | + | 19 person who first becomes a member or participant of any | |
| 89 | + | 20 retirement system or pension fund to which this Section | |
| 90 | + | 21 applies on or after January 1, 2011, in this Code, "final | |
| 91 | + | 22 average salary" shall be substituted for the following: | |
| 92 | + | 23 (1) (Blank). | |
| 93 | + | 24 (2) In Articles 8, 9, 10, 11, and 12, "highest average | |
| 94 | + | 25 annual salary for any 4 consecutive years within the last | |
| 95 | + | 26 10 years of service immediately preceding the date of | |
| 143 | 96 | ||
| 144 | 97 | ||
| 145 | - | and benefit base established for the applicable year by the | |
| 146 | - | Commissioner of the Social Security Administration under the | |
| 147 | - | federal Social Security Act. | |
| 148 | - | However, in no event shall the annual earnings, salary, or | |
| 149 | - | wages for the purposes of this Article and Article 9 exceed any | |
| 150 | - | limitation imposed on annual earnings, salary, or wages under | |
| 151 | - | Section 1-117. Under no circumstances shall the maximum amount | |
| 152 | - | of annual earnings, salary, or wages be greater than the | |
| 153 | - | amount set forth in this subsection (b-10) as a result of | |
| 154 | - | reciprocal service or any provisions regarding reciprocal | |
| 155 | - | services, nor shall the Fund under Article 9 be required to pay | |
| 156 | - | any refund as a result of the application of this maximum | |
| 157 | - | annual earnings, salary, and wage cap. | |
| 158 | - | Nothing in this subsection (b-10) shall cause or otherwise | |
| 159 | - | result in any retroactive adjustment of any employee | |
| 160 | - | contributions. Nothing in this subsection (b-10) shall cause | |
| 161 | - | or otherwise result in any retroactive adjustment of | |
| 162 | - | disability or other payments made between January 1, 2011 and | |
| 163 | - | January 1, 2024. | |
| 164 | - | (c) A member or participant is entitled to a retirement | |
| 165 | - | annuity upon written application if he or she has attained age | |
| 166 | - | 67 (age 65, with respect to service under Article 12 that is | |
| 167 | - | subject to this Section, for a member or participant under | |
| 168 | - | Article 12 who first becomes a member or participant under | |
| 169 | - | Article 12 on or after January 1, 2022 or who makes the | |
| 170 | - | election under item (i) of subsection (d-15) of this Section) | |
| 171 | 98 | ||
| 172 | 99 | ||
| 173 | - | and has at least 10 years of service credit and is otherwise | |
| 174 | - | eligible under the requirements of the applicable Article. | |
| 175 | - | A member or participant who has attained age 62 (age 60, | |
| 176 | - | with respect to service under Article 12 that is subject to | |
| 177 | - | this Section, for a member or participant under Article 12 who | |
| 178 | - | first becomes a member or participant under Article 12 on or | |
| 179 | - | after January 1, 2022 or who makes the election under item (i) | |
| 180 | - | of subsection (d-15) of this Section) and has at least 10 years | |
| 181 | - | of service credit and is otherwise eligible under the | |
| 182 | - | requirements of the applicable Article may elect to receive | |
| 183 | - | the lower retirement annuity provided in subsection (d) of | |
| 184 | - | this Section. | |
| 185 | - | (c-5) A person who first becomes a member or a participant | |
| 186 | - | subject to this Section on or after July 6, 2017 (the effective | |
| 187 | - | date of Public Act 100-23), notwithstanding any other | |
| 188 | - | provision of this Code to the contrary, is entitled to a | |
| 189 | - | retirement annuity under Article 8 or Article 11 upon written | |
| 190 | - | application if he or she has attained age 65 and has at least | |
| 191 | - | 10 years of service credit and is otherwise eligible under the | |
| 192 | - | requirements of Article 8 or Article 11 of this Code, | |
| 193 | - | whichever is applicable. | |
| 194 | - | (d) The retirement annuity of a member or participant who | |
| 195 | - | is retiring after attaining age 62 (age 60, with respect to | |
| 196 | - | service under Article 12 that is subject to this Section, for a | |
| 197 | - | member or participant under Article 12 who first becomes a | |
| 198 | - | member or participant under Article 12 on or after January 1, | |
| 100 | + | ||
| 101 | + | HB2352 Enrolled - 3 - LRB103 27717 RPS 54094 b | |
| 199 | 102 | ||
| 200 | 103 | ||
| 201 | - | 2022 or who makes the election under item (i) of subsection | |
| 202 | - | (d-15) of this Section) with at least 10 years of service | |
| 203 | - | credit shall be reduced by one-half of 1% for each full month | |
| 204 | - | that the member's age is under age 67 (age 65, with respect to | |
| 205 | - | service under Article 12 that is subject to this Section, for a | |
| 206 | - | member or participant under Article 12 who first becomes a | |
| 207 | - | member or participant under Article 12 on or after January 1, | |
| 208 | - | 2022 or who makes the election under item (i) of subsection | |
| 209 | - | (d-15) of this Section). | |
| 210 | - | (d-5) The retirement annuity payable under Article 8 or | |
| 211 | - | Article 11 to an eligible person subject to subsection (c-5) | |
| 212 | - | of this Section who is retiring at age 60 with at least 10 | |
| 213 | - | years of service credit shall be reduced by one-half of 1% for | |
| 214 | - | each full month that the member's age is under age 65. | |
| 215 | - | (d-10) Each person who first became a member or | |
| 216 | - | participant under Article 8 or Article 11 of this Code on or | |
| 217 | - | after January 1, 2011 and prior to July 6, 2017 (the effective | |
| 218 | - | date of Public Act 100-23) shall make an irrevocable election | |
| 219 | - | either: | |
| 220 | - | (i) to be eligible for the reduced retirement age | |
| 221 | - | provided in subsections (c-5) and (d-5) of this Section, | |
| 222 | - | the eligibility for which is conditioned upon the member | |
| 223 | - | or participant agreeing to the increases in employee | |
| 224 | - | contributions for age and service annuities provided in | |
| 225 | - | subsection (a-5) of Section 8-174 of this Code (for | |
| 226 | - | service under Article 8) or subsection (a-5) of Section | |
| 104 | + | HB2352 Enrolled- 4 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 4 - LRB103 27717 RPS 54094 b | |
| 105 | + | HB2352 Enrolled - 4 - LRB103 27717 RPS 54094 b | |
| 106 | + | 1 withdrawal". | |
| 107 | + | 2 (3) In Article 13, "average final salary". | |
| 108 | + | 3 (4) In Article 14, "final average compensation". | |
| 109 | + | 4 (5) In Article 17, "average salary". | |
| 110 | + | 5 (6) In Section 22-207, "wages or salary received by | |
| 111 | + | 6 him at the date of retirement or discharge". | |
| 112 | + | 7 A member of the Teachers' Retirement System of the State | |
| 113 | + | 8 of Illinois who retires on or after June 1, 2021 and for whom | |
| 114 | + | 9 the 2020-2021 school year is used in the calculation of the | |
| 115 | + | 10 member's final average salary shall use the higher of the | |
| 116 | + | 11 following for the purpose of determining the member's final | |
| 117 | + | 12 average salary: | |
| 118 | + | 13 (A) the amount otherwise calculated under the first | |
| 119 | + | 14 paragraph of this subsection; or | |
| 120 | + | 15 (B) an amount calculated by the Teachers' Retirement | |
| 121 | + | 16 System of the State of Illinois using the average of the | |
| 122 | + | 17 monthly (or annual) salary obtained by dividing the total | |
| 123 | + | 18 salary or earnings calculated under Article 16 applicable | |
| 124 | + | 19 to the member or participant during the 96 months (or 8 | |
| 125 | + | 20 years) of service within the last 120 months (or 10 years) | |
| 126 | + | 21 of service in which the total salary or earnings | |
| 127 | + | 22 calculated under the Article was the highest by the number | |
| 128 | + | 23 of months (or years) of service in that period. | |
| 129 | + | 24 (b-5) Beginning on January 1, 2011, for all purposes under | |
| 130 | + | 25 this Code (including without limitation the calculation of | |
| 131 | + | 26 benefits and employee contributions), the annual earnings, | |
| 227 | 132 | ||
| 228 | 133 | ||
| 229 | - | 11-170 of this Code (for service under Article 11); or | |
| 230 | - | (ii) to not agree to item (i) of this subsection | |
| 231 | - | (d-10), in which case the member or participant shall | |
| 232 | - | continue to be subject to the retirement age provisions in | |
| 233 | - | subsections (c) and (d) of this Section and the employee | |
| 234 | - | contributions for age and service annuity as provided in | |
| 235 | - | subsection (a) of Section 8-174 of this Code (for service | |
| 236 | - | under Article 8) or subsection (a) of Section 11-170 of | |
| 237 | - | this Code (for service under Article 11). | |
| 238 | - | The election provided for in this subsection shall be made | |
| 239 | - | between October 1, 2017 and November 15, 2017. A person | |
| 240 | - | subject to this subsection who makes the required election | |
| 241 | - | shall remain bound by that election. A person subject to this | |
| 242 | - | subsection who fails for any reason to make the required | |
| 243 | - | election within the time specified in this subsection shall be | |
| 244 | - | deemed to have made the election under item (ii). | |
| 245 | - | (d-15) Each person who first becomes a member or | |
| 246 | - | participant under Article 12 on or after January 1, 2011 and | |
| 247 | - | prior to January 1, 2022 shall make an irrevocable election | |
| 248 | - | either: | |
| 249 | - | (i) to be eligible for the reduced retirement age | |
| 250 | - | specified in subsections (c) and (d) of this Section, the | |
| 251 | - | eligibility for which is conditioned upon the member or | |
| 252 | - | participant agreeing to the increase in employee | |
| 253 | - | contributions for service annuities specified in | |
| 254 | - | subsection (b) of Section 12-150; or | |
| 255 | 134 | ||
| 256 | 135 | ||
| 257 | - | (ii) to not agree to item (i) of this subsection | |
| 258 | - | (d-15), in which case the member or participant shall not | |
| 259 | - | be eligible for the reduced retirement age specified in | |
| 260 | - | subsections (c) and (d) of this Section and shall not be | |
| 261 | - | subject to the increase in employee contributions for | |
| 262 | - | service annuities specified in subsection (b) of Section | |
| 263 | - | 12-150. | |
| 264 | - | The election provided for in this subsection shall be made | |
| 265 | - | between January 1, 2022 and April 1, 2022. A person subject to | |
| 266 | - | this subsection who makes the required election shall remain | |
| 267 | - | bound by that election. A person subject to this subsection | |
| 268 | - | who fails for any reason to make the required election within | |
| 269 | - | the time specified in this subsection shall be deemed to have | |
| 270 | - | made the election under item (ii). | |
| 271 | - | (e) Any retirement annuity or supplemental annuity shall | |
| 272 | - | be subject to annual increases on the January 1 occurring | |
| 273 | - | either on or after the attainment of age 67 (age 65, with | |
| 274 | - | respect to service under Article 12 that is subject to this | |
| 275 | - | Section, for a member or participant under Article 12 who | |
| 276 | - | first becomes a member or participant under Article 12 on or | |
| 277 | - | after January 1, 2022 or who makes the election under item (i) | |
| 278 | - | of subsection (d-15); and beginning on July 6, 2017 (the | |
| 279 | - | effective date of Public Act 100-23), age 65 with respect to | |
| 280 | - | service under Article 8 or Article 11 for eligible persons | |
| 281 | - | who: (i) are subject to subsection (c-5) of this Section; or | |
| 282 | - | (ii) made the election under item (i) of subsection (d-10) of | |
| 136 | + | ||
| 137 | + | HB2352 Enrolled - 4 - LRB103 27717 RPS 54094 b | |
| 283 | 138 | ||
| 284 | 139 | ||
| 285 | - | this Section) or the first anniversary of the annuity start | |
| 286 | - | date, whichever is later. Each annual increase shall be | |
| 287 | - | calculated at 3% or one-half the annual unadjusted percentage | |
| 288 | - | increase (but not less than zero) in the consumer price | |
| 289 | - | index-u for the 12 months ending with the September preceding | |
| 290 | - | each November 1, whichever is less, of the originally granted | |
| 291 | - | retirement annuity. If the annual unadjusted percentage change | |
| 292 | - | in the consumer price index-u for the 12 months ending with the | |
| 293 | - | September preceding each November 1 is zero or there is a | |
| 294 | - | decrease, then the annuity shall not be increased. | |
| 295 | - | For the purposes of Section 1-103.1 of this Code, the | |
| 296 | - | changes made to this Section by Public Act 102-263 are | |
| 297 | - | applicable without regard to whether the employee was in | |
| 298 | - | active service on or after August 6, 2021 (the effective date | |
| 299 | - | of Public Act 102-263). | |
| 300 | - | For the purposes of Section 1-103.1 of this Code, the | |
| 301 | - | changes made to this Section by Public Act 100-23 are | |
| 302 | - | applicable without regard to whether the employee was in | |
| 303 | - | active service on or after July 6, 2017 (the effective date of | |
| 304 | - | Public Act 100-23). | |
| 305 | - | (f) The initial survivor's or widow's annuity of an | |
| 306 | - | otherwise eligible survivor or widow of a retired member or | |
| 307 | - | participant who first became a member or participant on or | |
| 308 | - | after January 1, 2011 shall be in the amount of 66 2/3% of the | |
| 309 | - | retired member's or participant's retirement annuity at the | |
| 310 | - | date of death. In the case of the death of a member or | |
| 140 | + | HB2352 Enrolled- 5 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 5 - LRB103 27717 RPS 54094 b | |
| 141 | + | HB2352 Enrolled - 5 - LRB103 27717 RPS 54094 b | |
| 142 | + | 1 salary, or wages (based on the plan year) of a member or | |
| 143 | + | 2 participant to whom this Section applies shall not exceed | |
| 144 | + | 3 $106,800; however, that amount shall annually thereafter be | |
| 145 | + | 4 increased by the lesser of (i) 3% of that amount, including all | |
| 146 | + | 5 previous adjustments, or (ii) one-half the annual unadjusted | |
| 147 | + | 6 percentage increase (but not less than zero) in the consumer | |
| 148 | + | 7 price index-u for the 12 months ending with the September | |
| 149 | + | 8 preceding each November 1, including all previous adjustments. | |
| 150 | + | 9 For the purposes of this Section, "consumer price index-u" | |
| 151 | + | 10 means the index published by the Bureau of Labor Statistics of | |
| 152 | + | 11 the United States Department of Labor that measures the | |
| 153 | + | 12 average change in prices of goods and services purchased by | |
| 154 | + | 13 all urban consumers, United States city average, all items, | |
| 155 | + | 14 1982-84 = 100. The new amount resulting from each annual | |
| 156 | + | 15 adjustment shall be determined by the Public Pension Division | |
| 157 | + | 16 of the Department of Insurance and made available to the | |
| 158 | + | 17 boards of the retirement systems and pension funds by November | |
| 159 | + | 18 1 of each year. | |
| 160 | + | 19 (b-10) Beginning on January 1, 2024, for all purposes | |
| 161 | + | 20 under this Code (including, without limitation, the | |
| 162 | + | 21 calculation of benefits and employee contributions), the | |
| 163 | + | 22 annual earnings, salary, or wages (based on the plan year) of a | |
| 164 | + | 23 member or participant under Article 9 to whom this Section | |
| 165 | + | 24 applies shall include an annual earnings, salary, or wage cap | |
| 166 | + | 25 that tracks the Social Security wage base. Maximum annual | |
| 167 | + | 26 earnings, wages, or salary shall be the annual contribution | |
| 311 | 168 | ||
| 312 | 169 | ||
| 313 | - | participant who has not retired and who first became a member | |
| 314 | - | or participant on or after January 1, 2011, eligibility for a | |
| 315 | - | survivor's or widow's annuity shall be determined by the | |
| 316 | - | applicable Article of this Code. The initial benefit shall be | |
| 317 | - | 66 2/3% of the earned annuity without a reduction due to age. A | |
| 318 | - | child's annuity of an otherwise eligible child shall be in the | |
| 319 | - | amount prescribed under each Article if applicable. Any | |
| 320 | - | survivor's or widow's annuity shall be increased (1) on each | |
| 321 | - | January 1 occurring on or after the commencement of the | |
| 322 | - | annuity if the deceased member died while receiving a | |
| 323 | - | retirement annuity or (2) in other cases, on each January 1 | |
| 324 | - | occurring after the first anniversary of the commencement of | |
| 325 | - | the annuity. Each annual increase shall be calculated at 3% or | |
| 326 | - | one-half the annual unadjusted percentage increase (but not | |
| 327 | - | less than zero) in the consumer price index-u for the 12 months | |
| 328 | - | ending with the September preceding each November 1, whichever | |
| 329 | - | is less, of the originally granted survivor's annuity. If the | |
| 330 | - | annual unadjusted percentage change in the consumer price | |
| 331 | - | index-u for the 12 months ending with the September preceding | |
| 332 | - | each November 1 is zero or there is a decrease, then the | |
| 333 | - | annuity shall not be increased. | |
| 334 | - | (g) The benefits in Section 14-110 apply if the person is a | |
| 335 | - | fire fighter in the fire protection service of a department, a | |
| 336 | - | security employee of the Department of Corrections or the | |
| 337 | - | Department of Juvenile Justice, or a security employee of the | |
| 338 | - | Department of Innovation and Technology, as those terms are | |
| 339 | 170 | ||
| 340 | 171 | ||
| 341 | - | defined in subsection (b) and subsection (c) of Section | |
| 342 | - | 14-110. A person who meets the requirements of this Section is | |
| 343 | - | entitled to an annuity calculated under the provisions of | |
| 344 | - | Section 14-110, in lieu of the regular or minimum retirement | |
| 345 | - | annuity, only if the person has withdrawn from service with | |
| 346 | - | not less than 20 years of eligible creditable service and has | |
| 347 | - | attained age 60, regardless of whether the attainment of age | |
| 348 | - | 60 occurs while the person is still in service. | |
| 349 | - | (g-5) The benefits in Section 14-110 apply if the person | |
| 350 | - | is a State policeman, investigator for the Secretary of State, | |
| 351 | - | conservation police officer, investigator for the Department | |
| 352 | - | of Revenue or the Illinois Gaming Board, investigator for the | |
| 353 | - | Office of the Attorney General, Commerce Commission police | |
| 354 | - | officer, or arson investigator, as those terms are defined in | |
| 355 | - | subsection (b) and subsection (c) of Section 14-110. A person | |
| 356 | - | who meets the requirements of this Section is entitled to an | |
| 357 | - | annuity calculated under the provisions of Section 14-110, in | |
| 358 | - | lieu of the regular or minimum retirement annuity, only if the | |
| 359 | - | person has withdrawn from service with not less than 20 years | |
| 360 | - | of eligible creditable service and has attained age 55, | |
| 361 | - | regardless of whether the attainment of age 55 occurs while | |
| 362 | - | the person is still in service. | |
| 363 | - | (h) If a person who first becomes a member or a participant | |
| 364 | - | of a retirement system or pension fund subject to this Section | |
| 365 | - | on or after January 1, 2011 is receiving a retirement annuity | |
| 366 | - | or retirement pension under that system or fund and becomes a | |
| 172 | + | ||
| 173 | + | HB2352 Enrolled - 5 - LRB103 27717 RPS 54094 b | |
| 367 | 174 | ||
| 368 | 175 | ||
| 369 | - | member or participant under any other system or fund created | |
| 370 | - | by this Code and is employed on a full-time basis, except for | |
| 371 | - | those members or participants exempted from the provisions of | |
| 372 | - | this Section under subsection (a) of this Section, then the | |
| 373 | - | person's retirement annuity or retirement pension under that | |
| 374 | - | system or fund shall be suspended during that employment. Upon | |
| 375 | - | termination of that employment, the person's retirement | |
| 376 | - | annuity or retirement pension payments shall resume and be | |
| 377 | - | recalculated if recalculation is provided for under the | |
| 378 | - | applicable Article of this Code. | |
| 379 | - | If a person who first becomes a member of a retirement | |
| 380 | - | system or pension fund subject to this Section on or after | |
| 381 | - | January 1, 2012 and is receiving a retirement annuity or | |
| 382 | - | retirement pension under that system or fund and accepts on a | |
| 383 | - | contractual basis a position to provide services to a | |
| 384 | - | governmental entity from which he or she has retired, then | |
| 385 | - | that person's annuity or retirement pension earned as an | |
| 386 | - | active employee of the employer shall be suspended during that | |
| 387 | - | contractual service. A person receiving an annuity or | |
| 388 | - | retirement pension under this Code shall notify the pension | |
| 389 | - | fund or retirement system from which he or she is receiving an | |
| 390 | - | annuity or retirement pension, as well as his or her | |
| 391 | - | contractual employer, of his or her retirement status before | |
| 392 | - | accepting contractual employment. A person who fails to submit | |
| 393 | - | such notification shall be guilty of a Class A misdemeanor and | |
| 394 | - | required to pay a fine of $1,000. Upon termination of that | |
| 176 | + | HB2352 Enrolled- 6 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 6 - LRB103 27717 RPS 54094 b | |
| 177 | + | HB2352 Enrolled - 6 - LRB103 27717 RPS 54094 b | |
| 178 | + | 1 and benefit base established for the applicable year by the | |
| 179 | + | 2 Commissioner of the Social Security Administration under the | |
| 180 | + | 3 federal Social Security Act. | |
| 181 | + | 4 However, in no event shall the annual earnings, salary, or | |
| 182 | + | 5 wages for the purposes of this Article and Article 9 exceed any | |
| 183 | + | 6 limitation imposed on annual earnings, salary, or wages under | |
| 184 | + | 7 Section 1-117. Under no circumstances shall the maximum amount | |
| 185 | + | 8 of annual earnings, salary, or wages be greater than the | |
| 186 | + | 9 amount set forth in this subsection (b-10) as a result of | |
| 187 | + | 10 reciprocal service or any provisions regarding reciprocal | |
| 188 | + | 11 services, nor shall the Fund under Article 9 be required to pay | |
| 189 | + | 12 any refund as a result of the application of this maximum | |
| 190 | + | 13 annual earnings, salary, and wage cap. | |
| 191 | + | 14 Nothing in this subsection (b-10) shall cause or otherwise | |
| 192 | + | 15 result in any retroactive adjustment of any employee | |
| 193 | + | 16 contributions. Nothing in this subsection (b-10) shall cause | |
| 194 | + | 17 or otherwise result in any retroactive adjustment of | |
| 195 | + | 18 disability or other payments made between January 1, 2011 and | |
| 196 | + | 19 January 1, 2024. | |
| 197 | + | 20 (c) A member or participant is entitled to a retirement | |
| 198 | + | 21 annuity upon written application if he or she has attained age | |
| 199 | + | 22 67 (age 65, with respect to service under Article 12 that is | |
| 200 | + | 23 subject to this Section, for a member or participant under | |
| 201 | + | 24 Article 12 who first becomes a member or participant under | |
| 202 | + | 25 Article 12 on or after January 1, 2022 or who makes the | |
| 203 | + | 26 election under item (i) of subsection (d-15) of this Section) | |
| 395 | 204 | ||
| 396 | 205 | ||
| 397 | - | contractual employment, the person's retirement annuity or | |
| 398 | - | retirement pension payments shall resume and, if appropriate, | |
| 399 | - | be recalculated under the applicable provisions of this Code. | |
| 400 | - | (i) (Blank). | |
| 401 | - | (j) In the case of a conflict between the provisions of | |
| 402 | - | this Section and any other provision of this Code, the | |
| 403 | - | provisions of this Section shall control. | |
| 404 | - | (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | |
| 405 | - | 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-719, eff. | |
| 406 | - | 5-6-22.) | |
| 407 | - | (Text of Section from P.A. 102-813) | |
| 408 | - | Sec. 1-160. Provisions applicable to new hires. | |
| 409 | - | (a) The provisions of this Section apply to a person who, | |
| 410 | - | on or after January 1, 2011, first becomes a member or a | |
| 411 | - | participant under any reciprocal retirement system or pension | |
| 412 | - | fund established under this Code, other than a retirement | |
| 413 | - | system or pension fund established under Article 2, 3, 4, 5, 6, | |
| 414 | - | 7, 15, or 18 of this Code, notwithstanding any other provision | |
| 415 | - | of this Code to the contrary, but do not apply to any | |
| 416 | - | self-managed plan established under this Code or to any | |
| 417 | - | participant of the retirement plan established under Section | |
| 418 | - | 22-101; except that this Section applies to a person who | |
| 419 | - | elected to establish alternative credits by electing in | |
| 420 | - | writing after January 1, 2011, but before August 8, 2011, | |
| 421 | - | under Section 7-145.1 of this Code. Notwithstanding anything | |
| 422 | 206 | ||
| 423 | 207 | ||
| 424 | - | to the contrary in this Section, for purposes of this Section, | |
| 425 | - | a person who is a Tier 1 regular employee as defined in Section | |
| 426 | - | 7-109.4 of this Code or who participated in a retirement | |
| 427 | - | system under Article 15 prior to January 1, 2011 shall be | |
| 428 | - | deemed a person who first became a member or participant prior | |
| 429 | - | to January 1, 2011 under any retirement system or pension fund | |
| 430 | - | subject to this Section. The changes made to this Section by | |
| 431 | - | Public Act 98-596 are a clarification of existing law and are | |
| 432 | - | intended to be retroactive to January 1, 2011 (the effective | |
| 433 | - | date of Public Act 96-889), notwithstanding the provisions of | |
| 434 | - | Section 1-103.1 of this Code. | |
| 435 | - | This Section does not apply to a person who first becomes a | |
| 436 | - | noncovered employee under Article 14 on or after the | |
| 437 | - | implementation date of the plan created under Section 1-161 | |
| 438 | - | for that Article, unless that person elects under subsection | |
| 439 | - | (b) of Section 1-161 to instead receive the benefits provided | |
| 440 | - | under this Section and the applicable provisions of that | |
| 441 | - | Article. | |
| 442 | - | This Section does not apply to a person who first becomes a | |
| 443 | - | member or participant under Article 16 on or after the | |
| 444 | - | implementation date of the plan created under Section 1-161 | |
| 445 | - | for that Article, unless that person elects under subsection | |
| 446 | - | (b) of Section 1-161 to instead receive the benefits provided | |
| 447 | - | under this Section and the applicable provisions of that | |
| 448 | - | Article. | |
| 449 | - | This Section does not apply to a person who elects under | |
| 208 | + | ||
| 209 | + | HB2352 Enrolled - 6 - LRB103 27717 RPS 54094 b | |
| 450 | 210 | ||
| 451 | 211 | ||
| 452 | - | subsection (c-5) of Section 1-161 to receive the benefits | |
| 453 | - | under Section 1-161. | |
| 454 | - | This Section does not apply to a person who first becomes a | |
| 455 | - | member or participant of an affected pension fund on or after 6 | |
| 456 | - | months after the resolution or ordinance date, as defined in | |
| 457 | - | Section 1-162, unless that person elects under subsection (c) | |
| 458 | - | of Section 1-162 to receive the benefits provided under this | |
| 459 | - | Section and the applicable provisions of the Article under | |
| 460 | - | which he or she is a member or participant. | |
| 461 | - | (b) "Final average salary" means, except as otherwise | |
| 462 | - | provided in this subsection, the average monthly (or annual) | |
| 463 | - | salary obtained by dividing the total salary or earnings | |
| 464 | - | calculated under the Article applicable to the member or | |
| 465 | - | participant during the 96 consecutive months (or 8 consecutive | |
| 466 | - | years) of service within the last 120 months (or 10 years) of | |
| 467 | - | service in which the total salary or earnings calculated under | |
| 468 | - | the applicable Article was the highest by the number of months | |
| 469 | - | (or years) of service in that period. For the purposes of a | |
| 470 | - | person who first becomes a member or participant of any | |
| 471 | - | retirement system or pension fund to which this Section | |
| 472 | - | applies on or after January 1, 2011, in this Code, "final | |
| 473 | - | average salary" shall be substituted for the following: | |
| 474 | - | (1) (Blank). | |
| 475 | - | (2) In Articles 8, 9, 10, 11, and 12, "highest average | |
| 476 | - | annual salary for any 4 consecutive years within the last | |
| 477 | - | 10 years of service immediately preceding the date of | |
| 212 | + | HB2352 Enrolled- 7 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 7 - LRB103 27717 RPS 54094 b | |
| 213 | + | HB2352 Enrolled - 7 - LRB103 27717 RPS 54094 b | |
| 214 | + | 1 and has at least 10 years of service credit and is otherwise | |
| 215 | + | 2 eligible under the requirements of the applicable Article. | |
| 216 | + | 3 A member or participant who has attained age 62 (age 60, | |
| 217 | + | 4 with respect to service under Article 12 that is subject to | |
| 218 | + | 5 this Section, for a member or participant under Article 12 who | |
| 219 | + | 6 first becomes a member or participant under Article 12 on or | |
| 220 | + | 7 after January 1, 2022 or who makes the election under item (i) | |
| 221 | + | 8 of subsection (d-15) of this Section) and has at least 10 years | |
| 222 | + | 9 of service credit and is otherwise eligible under the | |
| 223 | + | 10 requirements of the applicable Article may elect to receive | |
| 224 | + | 11 the lower retirement annuity provided in subsection (d) of | |
| 225 | + | 12 this Section. | |
| 226 | + | 13 (c-5) A person who first becomes a member or a participant | |
| 227 | + | 14 subject to this Section on or after July 6, 2017 (the effective | |
| 228 | + | 15 date of Public Act 100-23), notwithstanding any other | |
| 229 | + | 16 provision of this Code to the contrary, is entitled to a | |
| 230 | + | 17 retirement annuity under Article 8 or Article 11 upon written | |
| 231 | + | 18 application if he or she has attained age 65 and has at least | |
| 232 | + | 19 10 years of service credit and is otherwise eligible under the | |
| 233 | + | 20 requirements of Article 8 or Article 11 of this Code, | |
| 234 | + | 21 whichever is applicable. | |
| 235 | + | 22 (d) The retirement annuity of a member or participant who | |
| 236 | + | 23 is retiring after attaining age 62 (age 60, with respect to | |
| 237 | + | 24 service under Article 12 that is subject to this Section, for a | |
| 238 | + | 25 member or participant under Article 12 who first becomes a | |
| 239 | + | 26 member or participant under Article 12 on or after January 1, | |
| 478 | 240 | ||
| 479 | 241 | ||
| 480 | - | withdrawal". | |
| 481 | - | (3) In Article 13, "average final salary". | |
| 482 | - | (4) In Article 14, "final average compensation". | |
| 483 | - | (5) In Article 17, "average salary". | |
| 484 | - | (6) In Section 22-207, "wages or salary received by | |
| 485 | - | him at the date of retirement or discharge". | |
| 486 | - | A member of the Teachers' Retirement System of the State | |
| 487 | - | of Illinois who retires on or after June 1, 2021 and for whom | |
| 488 | - | the 2020-2021 school year is used in the calculation of the | |
| 489 | - | member's final average salary shall use the higher of the | |
| 490 | - | following for the purpose of determining the member's final | |
| 491 | - | average salary: | |
| 492 | - | (A) the amount otherwise calculated under the first | |
| 493 | - | paragraph of this subsection; or | |
| 494 | - | (B) an amount calculated by the Teachers' Retirement | |
| 495 | - | System of the State of Illinois using the average of the | |
| 496 | - | monthly (or annual) salary obtained by dividing the total | |
| 497 | - | salary or earnings calculated under Article 16 applicable | |
| 498 | - | to the member or participant during the 96 months (or 8 | |
| 499 | - | years) of service within the last 120 months (or 10 years) | |
| 500 | - | of service in which the total salary or earnings | |
| 501 | - | calculated under the Article was the highest by the number | |
| 502 | - | of months (or years) of service in that period. | |
| 503 | - | (b-5) Beginning on January 1, 2011, for all purposes under | |
| 504 | - | this Code (including without limitation the calculation of | |
| 505 | - | benefits and employee contributions), the annual earnings, | |
| 506 | 242 | ||
| 507 | 243 | ||
| 508 | - | salary, or wages (based on the plan year) of a member or | |
| 509 | - | participant to whom this Section applies shall not exceed | |
| 510 | - | $106,800; however, that amount shall annually thereafter be | |
| 511 | - | increased by the lesser of (i) 3% of that amount, including all | |
| 512 | - | previous adjustments, or (ii) one-half the annual unadjusted | |
| 513 | - | percentage increase (but not less than zero) in the consumer | |
| 514 | - | price index-u for the 12 months ending with the September | |
| 515 | - | preceding each November 1, including all previous adjustments. | |
| 516 | - | For the purposes of this Section, "consumer price index-u" | |
| 517 | - | means the index published by the Bureau of Labor Statistics of | |
| 518 | - | the United States Department of Labor that measures the | |
| 519 | - | average change in prices of goods and services purchased by | |
| 520 | - | all urban consumers, United States city average, all items, | |
| 521 | - | 1982-84 = 100. The new amount resulting from each annual | |
| 522 | - | adjustment shall be determined by the Public Pension Division | |
| 523 | - | of the Department of Insurance and made available to the | |
| 524 | - | boards of the retirement systems and pension funds by November | |
| 525 | - | 1 of each year. | |
| 526 | - | (b-10) Beginning on January 1, 2024, for all purposes | |
| 527 | - | under this Code (including, without limitation, the | |
| 528 | - | calculation of benefits and employee contributions), the | |
| 529 | - | annual earnings, salary, or wages (based on the plan year) of a | |
| 530 | - | member or participant under Article 9 to whom this Section | |
| 531 | - | applies shall include an annual earnings, salary, or wage cap | |
| 532 | - | that tracks the Social Security wage base. Maximum annual | |
| 533 | - | earnings, wages, or salary shall be the annual contribution | |
| 244 | + | ||
| 245 | + | HB2352 Enrolled - 7 - LRB103 27717 RPS 54094 b | |
| 534 | 246 | ||
| 535 | 247 | ||
| 536 | - | and benefit base established for the applicable year by the | |
| 537 | - | Commissioner of the Social Security Administration under the | |
| 538 | - | federal Social Security Act. | |
| 539 | - | However, in no event shall the annual earnings, salary, or | |
| 540 | - | wages for the purposes of this Article and Article 9 exceed any | |
| 541 | - | limitation imposed on annual earnings, salary, or wages under | |
| 542 | - | Section 1-117. Under no circumstances shall the maximum amount | |
| 543 | - | of annual earnings, salary, or wages be greater than the | |
| 544 | - | amount set forth in this subsection (b-10) as a result of | |
| 545 | - | reciprocal service or any provisions regarding reciprocal | |
| 546 | - | services, nor shall the Fund under Article 9 be required to pay | |
| 547 | - | any refund as a result of the application of this maximum | |
| 548 | - | annual earnings, salary, and wage cap. | |
| 549 | - | Nothing in this subsection (b-10) shall cause or otherwise | |
| 550 | - | result in any retroactive adjustment of any employee | |
| 551 | - | contributions. Nothing in this subsection (b-10) shall cause | |
| 552 | - | or otherwise result in any retroactive adjustment of | |
| 553 | - | disability or other payments made between January 1, 2011 and | |
| 554 | - | January 1, 2024. | |
| 555 | - | (c) A member or participant is entitled to a retirement | |
| 556 | - | annuity upon written application if he or she has attained age | |
| 557 | - | 67 (age 65, with respect to service under Article 12 that is | |
| 558 | - | subject to this Section, for a member or participant under | |
| 559 | - | Article 12 who first becomes a member or participant under | |
| 560 | - | Article 12 on or after January 1, 2022 or who makes the | |
| 561 | - | election under item (i) of subsection (d-15) of this Section) | |
| 248 | + | HB2352 Enrolled- 8 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 8 - LRB103 27717 RPS 54094 b | |
| 249 | + | HB2352 Enrolled - 8 - LRB103 27717 RPS 54094 b | |
| 250 | + | 1 2022 or who makes the election under item (i) of subsection | |
| 251 | + | 2 (d-15) of this Section) with at least 10 years of service | |
| 252 | + | 3 credit shall be reduced by one-half of 1% for each full month | |
| 253 | + | 4 that the member's age is under age 67 (age 65, with respect to | |
| 254 | + | 5 service under Article 12 that is subject to this Section, for a | |
| 255 | + | 6 member or participant under Article 12 who first becomes a | |
| 256 | + | 7 member or participant under Article 12 on or after January 1, | |
| 257 | + | 8 2022 or who makes the election under item (i) of subsection | |
| 258 | + | 9 (d-15) of this Section). | |
| 259 | + | 10 (d-5) The retirement annuity payable under Article 8 or | |
| 260 | + | 11 Article 11 to an eligible person subject to subsection (c-5) | |
| 261 | + | 12 of this Section who is retiring at age 60 with at least 10 | |
| 262 | + | 13 years of service credit shall be reduced by one-half of 1% for | |
| 263 | + | 14 each full month that the member's age is under age 65. | |
| 264 | + | 15 (d-10) Each person who first became a member or | |
| 265 | + | 16 participant under Article 8 or Article 11 of this Code on or | |
| 266 | + | 17 after January 1, 2011 and prior to July 6, 2017 (the effective | |
| 267 | + | 18 date of Public Act 100-23) shall make an irrevocable election | |
| 268 | + | 19 either: | |
| 269 | + | 20 (i) to be eligible for the reduced retirement age | |
| 270 | + | 21 provided in subsections (c-5) and (d-5) of this Section, | |
| 271 | + | 22 the eligibility for which is conditioned upon the member | |
| 272 | + | 23 or participant agreeing to the increases in employee | |
| 273 | + | 24 contributions for age and service annuities provided in | |
| 274 | + | 25 subsection (a-5) of Section 8-174 of this Code (for | |
| 275 | + | 26 service under Article 8) or subsection (a-5) of Section | |
| 562 | 276 | ||
| 563 | 277 | ||
| 564 | - | and has at least 10 years of service credit and is otherwise | |
| 565 | - | eligible under the requirements of the applicable Article. | |
| 566 | - | A member or participant who has attained age 62 (age 60, | |
| 567 | - | with respect to service under Article 12 that is subject to | |
| 568 | - | this Section, for a member or participant under Article 12 who | |
| 569 | - | first becomes a member or participant under Article 12 on or | |
| 570 | - | after January 1, 2022 or who makes the election under item (i) | |
| 571 | - | of subsection (d-15) of this Section) and has at least 10 years | |
| 572 | - | of service credit and is otherwise eligible under the | |
| 573 | - | requirements of the applicable Article may elect to receive | |
| 574 | - | the lower retirement annuity provided in subsection (d) of | |
| 575 | - | this Section. | |
| 576 | - | (c-5) A person who first becomes a member or a participant | |
| 577 | - | subject to this Section on or after July 6, 2017 (the effective | |
| 578 | - | date of Public Act 100-23), notwithstanding any other | |
| 579 | - | provision of this Code to the contrary, is entitled to a | |
| 580 | - | retirement annuity under Article 8 or Article 11 upon written | |
| 581 | - | application if he or she has attained age 65 and has at least | |
| 582 | - | 10 years of service credit and is otherwise eligible under the | |
| 583 | - | requirements of Article 8 or Article 11 of this Code, | |
| 584 | - | whichever is applicable. | |
| 585 | - | (d) The retirement annuity of a member or participant who | |
| 586 | - | is retiring after attaining age 62 (age 60, with respect to | |
| 587 | - | service under Article 12 that is subject to this Section, for a | |
| 588 | - | member or participant under Article 12 who first becomes a | |
| 589 | - | member or participant under Article 12 on or after January 1, | |
| 590 | 278 | ||
| 591 | 279 | ||
| 592 | - | 2022 or who makes the election under item (i) of subsection | |
| 593 | - | (d-15) of this Section) with at least 10 years of service | |
| 594 | - | credit shall be reduced by one-half of 1% for each full month | |
| 595 | - | that the member's age is under age 67 (age 65, with respect to | |
| 596 | - | service under Article 12 that is subject to this Section, for a | |
| 597 | - | member or participant under Article 12 who first becomes a | |
| 598 | - | member or participant under Article 12 on or after January 1, | |
| 599 | - | 2022 or who makes the election under item (i) of subsection | |
| 600 | - | (d-15) of this Section). | |
| 601 | - | (d-5) The retirement annuity payable under Article 8 or | |
| 602 | - | Article 11 to an eligible person subject to subsection (c-5) | |
| 603 | - | of this Section who is retiring at age 60 with at least 10 | |
| 604 | - | years of service credit shall be reduced by one-half of 1% for | |
| 605 | - | each full month that the member's age is under age 65. | |
| 606 | - | (d-10) Each person who first became a member or | |
| 607 | - | participant under Article 8 or Article 11 of this Code on or | |
| 608 | - | after January 1, 2011 and prior to July 6, 2017 (the effective | |
| 609 | - | date of Public Act 100-23) shall make an irrevocable election | |
| 610 | - | either: | |
| 611 | - | (i) to be eligible for the reduced retirement age | |
| 612 | - | provided in subsections (c-5) and (d-5) of this Section, | |
| 613 | - | the eligibility for which is conditioned upon the member | |
| 614 | - | or participant agreeing to the increases in employee | |
| 615 | - | contributions for age and service annuities provided in | |
| 616 | - | subsection (a-5) of Section 8-174 of this Code (for | |
| 617 | - | service under Article 8) or subsection (a-5) of Section | |
| 280 | + | ||
| 281 | + | HB2352 Enrolled - 8 - LRB103 27717 RPS 54094 b | |
| 618 | 282 | ||
| 619 | 283 | ||
| 620 | - | 11-170 of this Code (for service under Article 11); or | |
| 621 | - | (ii) to not agree to item (i) of this subsection | |
| 622 | - | (d-10), in which case the member or participant shall | |
| 623 | - | continue to be subject to the retirement age provisions in | |
| 624 | - | subsections (c) and (d) of this Section and the employee | |
| 625 | - | contributions for age and service annuity as provided in | |
| 626 | - | subsection (a) of Section 8-174 of this Code (for service | |
| 627 | - | under Article 8) or subsection (a) of Section 11-170 of | |
| 628 | - | this Code (for service under Article 11). | |
| 629 | - | The election provided for in this subsection shall be made | |
| 630 | - | between October 1, 2017 and November 15, 2017. A person | |
| 631 | - | subject to this subsection who makes the required election | |
| 632 | - | shall remain bound by that election. A person subject to this | |
| 633 | - | subsection who fails for any reason to make the required | |
| 634 | - | election within the time specified in this subsection shall be | |
| 635 | - | deemed to have made the election under item (ii). | |
| 636 | - | (d-15) Each person who first becomes a member or | |
| 637 | - | participant under Article 12 on or after January 1, 2011 and | |
| 638 | - | prior to January 1, 2022 shall make an irrevocable election | |
| 639 | - | either: | |
| 640 | - | (i) to be eligible for the reduced retirement age | |
| 641 | - | specified in subsections (c) and (d) of this Section, the | |
| 642 | - | eligibility for which is conditioned upon the member or | |
| 643 | - | participant agreeing to the increase in employee | |
| 644 | - | contributions for service annuities specified in | |
| 645 | - | subsection (b) of Section 12-150; or | |
| 284 | + | HB2352 Enrolled- 9 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 9 - LRB103 27717 RPS 54094 b | |
| 285 | + | HB2352 Enrolled - 9 - LRB103 27717 RPS 54094 b | |
| 286 | + | 1 11-170 of this Code (for service under Article 11); or | |
| 287 | + | 2 (ii) to not agree to item (i) of this subsection | |
| 288 | + | 3 (d-10), in which case the member or participant shall | |
| 289 | + | 4 continue to be subject to the retirement age provisions in | |
| 290 | + | 5 subsections (c) and (d) of this Section and the employee | |
| 291 | + | 6 contributions for age and service annuity as provided in | |
| 292 | + | 7 subsection (a) of Section 8-174 of this Code (for service | |
| 293 | + | 8 under Article 8) or subsection (a) of Section 11-170 of | |
| 294 | + | 9 this Code (for service under Article 11). | |
| 295 | + | 10 The election provided for in this subsection shall be made | |
| 296 | + | 11 between October 1, 2017 and November 15, 2017. A person | |
| 297 | + | 12 subject to this subsection who makes the required election | |
| 298 | + | 13 shall remain bound by that election. A person subject to this | |
| 299 | + | 14 subsection who fails for any reason to make the required | |
| 300 | + | 15 election within the time specified in this subsection shall be | |
| 301 | + | 16 deemed to have made the election under item (ii). | |
| 302 | + | 17 (d-15) Each person who first becomes a member or | |
| 303 | + | 18 participant under Article 12 on or after January 1, 2011 and | |
| 304 | + | 19 prior to January 1, 2022 shall make an irrevocable election | |
| 305 | + | 20 either: | |
| 306 | + | 21 (i) to be eligible for the reduced retirement age | |
| 307 | + | 22 specified in subsections (c) and (d) of this Section, the | |
| 308 | + | 23 eligibility for which is conditioned upon the member or | |
| 309 | + | 24 participant agreeing to the increase in employee | |
| 310 | + | 25 contributions for service annuities specified in | |
| 311 | + | 26 subsection (b) of Section 12-150; or | |
| 646 | 312 | ||
| 647 | 313 | ||
| 648 | - | (ii) to not agree to item (i) of this subsection | |
| 649 | - | (d-15), in which case the member or participant shall not | |
| 650 | - | be eligible for the reduced retirement age specified in | |
| 651 | - | subsections (c) and (d) of this Section and shall not be | |
| 652 | - | subject to the increase in employee contributions for | |
| 653 | - | service annuities specified in subsection (b) of Section | |
| 654 | - | 12-150. | |
| 655 | - | The election provided for in this subsection shall be made | |
| 656 | - | between January 1, 2022 and April 1, 2022. A person subject to | |
| 657 | - | this subsection who makes the required election shall remain | |
| 658 | - | bound by that election. A person subject to this subsection | |
| 659 | - | who fails for any reason to make the required election within | |
| 660 | - | the time specified in this subsection shall be deemed to have | |
| 661 | - | made the election under item (ii). | |
| 662 | - | (e) Any retirement annuity or supplemental annuity shall | |
| 663 | - | be subject to annual increases on the January 1 occurring | |
| 664 | - | either on or after the attainment of age 67 (age 65, with | |
| 665 | - | respect to service under Article 12 that is subject to this | |
| 666 | - | Section, for a member or participant under Article 12 who | |
| 667 | - | first becomes a member or participant under Article 12 on or | |
| 668 | - | after January 1, 2022 or who makes the election under item (i) | |
| 669 | - | of subsection (d-15); and beginning on July 6, 2017 (the | |
| 670 | - | effective date of Public Act 100-23), age 65 with respect to | |
| 671 | - | service under Article 8 or Article 11 for eligible persons | |
| 672 | - | who: (i) are subject to subsection (c-5) of this Section; or | |
| 673 | - | (ii) made the election under item (i) of subsection (d-10) of | |
| 674 | 314 | ||
| 675 | 315 | ||
| 676 | - | this Section) or the first anniversary of the annuity start | |
| 677 | - | date, whichever is later. Each annual increase shall be | |
| 678 | - | calculated at 3% or one-half the annual unadjusted percentage | |
| 679 | - | increase (but not less than zero) in the consumer price | |
| 680 | - | index-u for the 12 months ending with the September preceding | |
| 681 | - | each November 1, whichever is less, of the originally granted | |
| 682 | - | retirement annuity. If the annual unadjusted percentage change | |
| 683 | - | in the consumer price index-u for the 12 months ending with the | |
| 684 | - | September preceding each November 1 is zero or there is a | |
| 685 | - | decrease, then the annuity shall not be increased. | |
| 686 | - | For the purposes of Section 1-103.1 of this Code, the | |
| 687 | - | changes made to this Section by Public Act 102-263 are | |
| 688 | - | applicable without regard to whether the employee was in | |
| 689 | - | active service on or after August 6, 2021 (the effective date | |
| 690 | - | of Public Act 102-263). | |
| 691 | - | For the purposes of Section 1-103.1 of this Code, the | |
| 692 | - | changes made to this Section by Public Act 100-23 are | |
| 693 | - | applicable without regard to whether the employee was in | |
| 694 | - | active service on or after July 6, 2017 (the effective date of | |
| 695 | - | Public Act 100-23). | |
| 696 | - | (f) The initial survivor's or widow's annuity of an | |
| 697 | - | otherwise eligible survivor or widow of a retired member or | |
| 698 | - | participant who first became a member or participant on or | |
| 699 | - | after January 1, 2011 shall be in the amount of 66 2/3% of the | |
| 700 | - | retired member's or participant's retirement annuity at the | |
| 701 | - | date of death. In the case of the death of a member or | |
| 316 | + | ||
| 317 | + | HB2352 Enrolled - 9 - LRB103 27717 RPS 54094 b | |
| 702 | 318 | ||
| 703 | 319 | ||
| 704 | - | participant who has not retired and who first became a member | |
| 705 | - | or participant on or after January 1, 2011, eligibility for a | |
| 706 | - | survivor's or widow's annuity shall be determined by the | |
| 707 | - | applicable Article of this Code. The initial benefit shall be | |
| 708 | - | 66 2/3% of the earned annuity without a reduction due to age. A | |
| 709 | - | child's annuity of an otherwise eligible child shall be in the | |
| 710 | - | amount prescribed under each Article if applicable. Any | |
| 711 | - | survivor's or widow's annuity shall be increased (1) on each | |
| 712 | - | January 1 occurring on or after the commencement of the | |
| 713 | - | annuity if the deceased member died while receiving a | |
| 714 | - | retirement annuity or (2) in other cases, on each January 1 | |
| 715 | - | occurring after the first anniversary of the commencement of | |
| 716 | - | the annuity. Each annual increase shall be calculated at 3% or | |
| 717 | - | one-half the annual unadjusted percentage increase (but not | |
| 718 | - | less than zero) in the consumer price index-u for the 12 months | |
| 719 | - | ending with the September preceding each November 1, whichever | |
| 720 | - | is less, of the originally granted survivor's annuity. If the | |
| 721 | - | annual unadjusted percentage change in the consumer price | |
| 722 | - | index-u for the 12 months ending with the September preceding | |
| 723 | - | each November 1 is zero or there is a decrease, then the | |
| 724 | - | annuity shall not be increased. | |
| 725 | - | (g) The benefits in Section 14-110 apply only if the | |
| 726 | - | person is a State policeman, a fire fighter in the fire | |
| 727 | - | protection service of a department, a conservation police | |
| 728 | - | officer, an investigator for the Secretary of State, an arson | |
| 729 | - | investigator, a Commerce Commission police officer, | |
| 320 | + | HB2352 Enrolled- 10 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 10 - LRB103 27717 RPS 54094 b | |
| 321 | + | HB2352 Enrolled - 10 - LRB103 27717 RPS 54094 b | |
| 322 | + | 1 (ii) to not agree to item (i) of this subsection | |
| 323 | + | 2 (d-15), in which case the member or participant shall not | |
| 324 | + | 3 be eligible for the reduced retirement age specified in | |
| 325 | + | 4 subsections (c) and (d) of this Section and shall not be | |
| 326 | + | 5 subject to the increase in employee contributions for | |
| 327 | + | 6 service annuities specified in subsection (b) of Section | |
| 328 | + | 7 12-150. | |
| 329 | + | 8 The election provided for in this subsection shall be made | |
| 330 | + | 9 between January 1, 2022 and April 1, 2022. A person subject to | |
| 331 | + | 10 this subsection who makes the required election shall remain | |
| 332 | + | 11 bound by that election. A person subject to this subsection | |
| 333 | + | 12 who fails for any reason to make the required election within | |
| 334 | + | 13 the time specified in this subsection shall be deemed to have | |
| 335 | + | 14 made the election under item (ii). | |
| 336 | + | 15 (e) Any retirement annuity or supplemental annuity shall | |
| 337 | + | 16 be subject to annual increases on the January 1 occurring | |
| 338 | + | 17 either on or after the attainment of age 67 (age 65, with | |
| 339 | + | 18 respect to service under Article 12 that is subject to this | |
| 340 | + | 19 Section, for a member or participant under Article 12 who | |
| 341 | + | 20 first becomes a member or participant under Article 12 on or | |
| 342 | + | 21 after January 1, 2022 or who makes the election under item (i) | |
| 343 | + | 22 of subsection (d-15); and beginning on July 6, 2017 (the | |
| 344 | + | 23 effective date of Public Act 100-23), age 65 with respect to | |
| 345 | + | 24 service under Article 8 or Article 11 for eligible persons | |
| 346 | + | 25 who: (i) are subject to subsection (c-5) of this Section; or | |
| 347 | + | 26 (ii) made the election under item (i) of subsection (d-10) of | |
| 730 | 348 | ||
| 731 | 349 | ||
| 732 | - | investigator for the Department of Revenue or the Illinois | |
| 733 | - | Gaming Board, a security employee of the Department of | |
| 734 | - | Corrections or the Department of Juvenile Justice, or a | |
| 735 | - | security employee of the Department of Innovation and | |
| 736 | - | Technology, as those terms are defined in subsection (b) and | |
| 737 | - | subsection (c) of Section 14-110. A person who meets the | |
| 738 | - | requirements of this Section is entitled to an annuity | |
| 739 | - | calculated under the provisions of Section 14-110, in lieu of | |
| 740 | - | the regular or minimum retirement annuity, only if the person | |
| 741 | - | has withdrawn from service with not less than 20 years of | |
| 742 | - | eligible creditable service and has attained age 60, | |
| 743 | - | regardless of whether the attainment of age 60 occurs while | |
| 744 | - | the person is still in service. | |
| 745 | - | (h) If a person who first becomes a member or a participant | |
| 746 | - | of a retirement system or pension fund subject to this Section | |
| 747 | - | on or after January 1, 2011 is receiving a retirement annuity | |
| 748 | - | or retirement pension under that system or fund and becomes a | |
| 749 | - | member or participant under any other system or fund created | |
| 750 | - | by this Code and is employed on a full-time basis, except for | |
| 751 | - | those members or participants exempted from the provisions of | |
| 752 | - | this Section under subsection (a) of this Section, then the | |
| 753 | - | person's retirement annuity or retirement pension under that | |
| 754 | - | system or fund shall be suspended during that employment. Upon | |
| 755 | - | termination of that employment, the person's retirement | |
| 756 | - | annuity or retirement pension payments shall resume and be | |
| 757 | - | recalculated if recalculation is provided for under the | |
| 758 | 350 | ||
| 759 | 351 | ||
| 760 | - | applicable Article of this Code. | |
| 761 | - | If a person who first becomes a member of a retirement | |
| 762 | - | system or pension fund subject to this Section on or after | |
| 763 | - | January 1, 2012 and is receiving a retirement annuity or | |
| 764 | - | retirement pension under that system or fund and accepts on a | |
| 765 | - | contractual basis a position to provide services to a | |
| 766 | - | governmental entity from which he or she has retired, then | |
| 767 | - | that person's annuity or retirement pension earned as an | |
| 768 | - | active employee of the employer shall be suspended during that | |
| 769 | - | contractual service. A person receiving an annuity or | |
| 770 | - | retirement pension under this Code shall notify the pension | |
| 771 | - | fund or retirement system from which he or she is receiving an | |
| 772 | - | annuity or retirement pension, as well as his or her | |
| 773 | - | contractual employer, of his or her retirement status before | |
| 774 | - | accepting contractual employment. A person who fails to submit | |
| 775 | - | such notification shall be guilty of a Class A misdemeanor and | |
| 776 | - | required to pay a fine of $1,000. Upon termination of that | |
| 777 | - | contractual employment, the person's retirement annuity or | |
| 778 | - | retirement pension payments shall resume and, if appropriate, | |
| 779 | - | be recalculated under the applicable provisions of this Code. | |
| 780 | - | (i) (Blank). | |
| 781 | - | (j) In the case of a conflict between the provisions of | |
| 782 | - | this Section and any other provision of this Code, the | |
| 783 | - | provisions of this Section shall control. | |
| 784 | - | (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | |
| 785 | - | 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-813, eff. | |
| 352 | + | ||
| 353 | + | HB2352 Enrolled - 10 - LRB103 27717 RPS 54094 b | |
| 786 | 354 | ||
| 787 | 355 | ||
| 788 | - | 5-13-22.) | |
| 789 | - | (Text of Section from P.A. 102-956) | |
| 790 | - | Sec. 1-160. Provisions applicable to new hires. | |
| 791 | - | (a) The provisions of this Section apply to a person who, | |
| 792 | - | on or after January 1, 2011, first becomes a member or a | |
| 793 | - | participant under any reciprocal retirement system or pension | |
| 794 | - | fund established under this Code, other than a retirement | |
| 795 | - | system or pension fund established under Article 2, 3, 4, 5, 6, | |
| 796 | - | 7, 15, or 18 of this Code, notwithstanding any other provision | |
| 797 | - | of this Code to the contrary, but do not apply to any | |
| 798 | - | self-managed plan established under this Code or to any | |
| 799 | - | participant of the retirement plan established under Section | |
| 800 | - | 22-101; except that this Section applies to a person who | |
| 801 | - | elected to establish alternative credits by electing in | |
| 802 | - | writing after January 1, 2011, but before August 8, 2011, | |
| 803 | - | under Section 7-145.1 of this Code. Notwithstanding anything | |
| 804 | - | to the contrary in this Section, for purposes of this Section, | |
| 805 | - | a person who is a Tier 1 regular employee as defined in Section | |
| 806 | - | 7-109.4 of this Code or who participated in a retirement | |
| 807 | - | system under Article 15 prior to January 1, 2011 shall be | |
| 808 | - | deemed a person who first became a member or participant prior | |
| 809 | - | to January 1, 2011 under any retirement system or pension fund | |
| 810 | - | subject to this Section. The changes made to this Section by | |
| 811 | - | Public Act 98-596 are a clarification of existing law and are | |
| 812 | - | intended to be retroactive to January 1, 2011 (the effective | |
| 356 | + | HB2352 Enrolled- 11 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 11 - LRB103 27717 RPS 54094 b | |
| 357 | + | HB2352 Enrolled - 11 - LRB103 27717 RPS 54094 b | |
| 358 | + | 1 this Section) or the first anniversary of the annuity start | |
| 359 | + | 2 date, whichever is later. Each annual increase shall be | |
| 360 | + | 3 calculated at 3% or one-half the annual unadjusted percentage | |
| 361 | + | 4 increase (but not less than zero) in the consumer price | |
| 362 | + | 5 index-u for the 12 months ending with the September preceding | |
| 363 | + | 6 each November 1, whichever is less, of the originally granted | |
| 364 | + | 7 retirement annuity. If the annual unadjusted percentage change | |
| 365 | + | 8 in the consumer price index-u for the 12 months ending with the | |
| 366 | + | 9 September preceding each November 1 is zero or there is a | |
| 367 | + | 10 decrease, then the annuity shall not be increased. | |
| 368 | + | 11 For the purposes of Section 1-103.1 of this Code, the | |
| 369 | + | 12 changes made to this Section by Public Act 102-263 are | |
| 370 | + | 13 applicable without regard to whether the employee was in | |
| 371 | + | 14 active service on or after August 6, 2021 (the effective date | |
| 372 | + | 15 of Public Act 102-263). | |
| 373 | + | 16 For the purposes of Section 1-103.1 of this Code, the | |
| 374 | + | 17 changes made to this Section by Public Act 100-23 are | |
| 375 | + | 18 applicable without regard to whether the employee was in | |
| 376 | + | 19 active service on or after July 6, 2017 (the effective date of | |
| 377 | + | 20 Public Act 100-23). | |
| 378 | + | 21 (f) The initial survivor's or widow's annuity of an | |
| 379 | + | 22 otherwise eligible survivor or widow of a retired member or | |
| 380 | + | 23 participant who first became a member or participant on or | |
| 381 | + | 24 after January 1, 2011 shall be in the amount of 66 2/3% of the | |
| 382 | + | 25 retired member's or participant's retirement annuity at the | |
| 383 | + | 26 date of death. In the case of the death of a member or | |
| 813 | 384 | ||
| 814 | 385 | ||
| 815 | - | date of Public Act 96-889), notwithstanding the provisions of | |
| 816 | - | Section 1-103.1 of this Code. | |
| 817 | - | This Section does not apply to a person who first becomes a | |
| 818 | - | noncovered employee under Article 14 on or after the | |
| 819 | - | implementation date of the plan created under Section 1-161 | |
| 820 | - | for that Article, unless that person elects under subsection | |
| 821 | - | (b) of Section 1-161 to instead receive the benefits provided | |
| 822 | - | under this Section and the applicable provisions of that | |
| 823 | - | Article. | |
| 824 | - | This Section does not apply to a person who first becomes a | |
| 825 | - | member or participant under Article 16 on or after the | |
| 826 | - | implementation date of the plan created under Section 1-161 | |
| 827 | - | for that Article, unless that person elects under subsection | |
| 828 | - | (b) of Section 1-161 to instead receive the benefits provided | |
| 829 | - | under this Section and the applicable provisions of that | |
| 830 | - | Article. | |
| 831 | - | This Section does not apply to a person who elects under | |
| 832 | - | subsection (c-5) of Section 1-161 to receive the benefits | |
| 833 | - | under Section 1-161. | |
| 834 | - | This Section does not apply to a person who first becomes a | |
| 835 | - | member or participant of an affected pension fund on or after 6 | |
| 836 | - | months after the resolution or ordinance date, as defined in | |
| 837 | - | Section 1-162, unless that person elects under subsection (c) | |
| 838 | - | of Section 1-162 to receive the benefits provided under this | |
| 839 | - | Section and the applicable provisions of the Article under | |
| 840 | - | which he or she is a member or participant. | |
| 841 | 386 | ||
| 842 | 387 | ||
| 843 | - | (b) "Final average salary" means, except as otherwise | |
| 844 | - | provided in this subsection, the average monthly (or annual) | |
| 845 | - | salary obtained by dividing the total salary or earnings | |
| 846 | - | calculated under the Article applicable to the member or | |
| 847 | - | participant during the 96 consecutive months (or 8 consecutive | |
| 848 | - | years) of service within the last 120 months (or 10 years) of | |
| 849 | - | service in which the total salary or earnings calculated under | |
| 850 | - | the applicable Article was the highest by the number of months | |
| 851 | - | (or years) of service in that period. For the purposes of a | |
| 852 | - | person who first becomes a member or participant of any | |
| 853 | - | retirement system or pension fund to which this Section | |
| 854 | - | applies on or after January 1, 2011, in this Code, "final | |
| 855 | - | average salary" shall be substituted for the following: | |
| 856 | - | (1) (Blank). | |
| 857 | - | (2) In Articles 8, 9, 10, 11, and 12, "highest average | |
| 858 | - | annual salary for any 4 consecutive years within the last | |
| 859 | - | 10 years of service immediately preceding the date of | |
| 860 | - | withdrawal". | |
| 861 | - | (3) In Article 13, "average final salary". | |
| 862 | - | (4) In Article 14, "final average compensation". | |
| 863 | - | (5) In Article 17, "average salary". | |
| 864 | - | (6) In Section 22-207, "wages or salary received by | |
| 865 | - | him at the date of retirement or discharge". | |
| 866 | - | A member of the Teachers' Retirement System of the State | |
| 867 | - | of Illinois who retires on or after June 1, 2021 and for whom | |
| 868 | - | the 2020-2021 school year is used in the calculation of the | |
| 388 | + | ||
| 389 | + | HB2352 Enrolled - 11 - LRB103 27717 RPS 54094 b | |
| 869 | 390 | ||
| 870 | 391 | ||
| 871 | - | member's final average salary shall use the higher of the | |
| 872 | - | following for the purpose of determining the member's final | |
| 873 | - | average salary: | |
| 874 | - | (A) the amount otherwise calculated under the first | |
| 875 | - | paragraph of this subsection; or | |
| 876 | - | (B) an amount calculated by the Teachers' Retirement | |
| 877 | - | System of the State of Illinois using the average of the | |
| 878 | - | monthly (or annual) salary obtained by dividing the total | |
| 879 | - | salary or earnings calculated under Article 16 applicable | |
| 880 | - | to the member or participant during the 96 months (or 8 | |
| 881 | - | years) of service within the last 120 months (or 10 years) | |
| 882 | - | of service in which the total salary or earnings | |
| 883 | - | calculated under the Article was the highest by the number | |
| 884 | - | of months (or years) of service in that period. | |
| 885 | - | (b-5) Beginning on January 1, 2011, for all purposes under | |
| 886 | - | this Code (including without limitation the calculation of | |
| 887 | - | benefits and employee contributions), the annual earnings, | |
| 888 | - | salary, or wages (based on the plan year) of a member or | |
| 889 | - | participant to whom this Section applies shall not exceed | |
| 890 | - | $106,800; however, that amount shall annually thereafter be | |
| 891 | - | increased by the lesser of (i) 3% of that amount, including all | |
| 892 | - | previous adjustments, or (ii) one-half the annual unadjusted | |
| 893 | - | percentage increase (but not less than zero) in the consumer | |
| 894 | - | price index-u for the 12 months ending with the September | |
| 895 | - | preceding each November 1, including all previous adjustments. | |
| 896 | - | For the purposes of this Section, "consumer price index-u" | |
| 392 | + | HB2352 Enrolled- 12 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 12 - LRB103 27717 RPS 54094 b | |
| 393 | + | HB2352 Enrolled - 12 - LRB103 27717 RPS 54094 b | |
| 394 | + | 1 participant who has not retired and who first became a member | |
| 395 | + | 2 or participant on or after January 1, 2011, eligibility for a | |
| 396 | + | 3 survivor's or widow's annuity shall be determined by the | |
| 397 | + | 4 applicable Article of this Code. The initial benefit shall be | |
| 398 | + | 5 66 2/3% of the earned annuity without a reduction due to age. A | |
| 399 | + | 6 child's annuity of an otherwise eligible child shall be in the | |
| 400 | + | 7 amount prescribed under each Article if applicable. Any | |
| 401 | + | 8 survivor's or widow's annuity shall be increased (1) on each | |
| 402 | + | 9 January 1 occurring on or after the commencement of the | |
| 403 | + | 10 annuity if the deceased member died while receiving a | |
| 404 | + | 11 retirement annuity or (2) in other cases, on each January 1 | |
| 405 | + | 12 occurring after the first anniversary of the commencement of | |
| 406 | + | 13 the annuity. Each annual increase shall be calculated at 3% or | |
| 407 | + | 14 one-half the annual unadjusted percentage increase (but not | |
| 408 | + | 15 less than zero) in the consumer price index-u for the 12 months | |
| 409 | + | 16 ending with the September preceding each November 1, whichever | |
| 410 | + | 17 is less, of the originally granted survivor's annuity. If the | |
| 411 | + | 18 annual unadjusted percentage change in the consumer price | |
| 412 | + | 19 index-u for the 12 months ending with the September preceding | |
| 413 | + | 20 each November 1 is zero or there is a decrease, then the | |
| 414 | + | 21 annuity shall not be increased. | |
| 415 | + | 22 (g) The benefits in Section 14-110 apply if the person is a | |
| 416 | + | 23 fire fighter in the fire protection service of a department, a | |
| 417 | + | 24 security employee of the Department of Corrections or the | |
| 418 | + | 25 Department of Juvenile Justice, or a security employee of the | |
| 419 | + | 26 Department of Innovation and Technology, as those terms are | |
| 897 | 420 | ||
| 898 | 421 | ||
| 899 | - | means the index published by the Bureau of Labor Statistics of | |
| 900 | - | the United States Department of Labor that measures the | |
| 901 | - | average change in prices of goods and services purchased by | |
| 902 | - | all urban consumers, United States city average, all items, | |
| 903 | - | 1982-84 = 100. The new amount resulting from each annual | |
| 904 | - | adjustment shall be determined by the Public Pension Division | |
| 905 | - | of the Department of Insurance and made available to the | |
| 906 | - | boards of the retirement systems and pension funds by November | |
| 907 | - | 1 of each year. | |
| 908 | - | (b-10) Beginning on January 1, 2024, for all purposes | |
| 909 | - | under this Code (including, without limitation, the | |
| 910 | - | calculation of benefits and employee contributions), the | |
| 911 | - | annual earnings, salary, or wages (based on the plan year) of a | |
| 912 | - | member or participant under Article 9 to whom this Section | |
| 913 | - | applies shall include an annual earnings, salary, or wage cap | |
| 914 | - | that tracks the Social Security wage base. Maximum annual | |
| 915 | - | earnings, wages, or salary shall be the annual contribution | |
| 916 | - | and benefit base established for the applicable year by the | |
| 917 | - | Commissioner of the Social Security Administration under the | |
| 918 | - | federal Social Security Act. | |
| 919 | - | However, in no event shall the annual earnings, salary, or | |
| 920 | - | wages for the purposes of this Article and Article 9 exceed any | |
| 921 | - | limitation imposed on annual earnings, salary, or wages under | |
| 922 | - | Section 1-117. Under no circumstances shall the maximum amount | |
| 923 | - | of annual earnings, salary, or wages be greater than the | |
| 924 | - | amount set forth in this subsection (b-10) as a result of | |
| 925 | 422 | ||
| 926 | 423 | ||
| 927 | - | reciprocal service or any provisions regarding reciprocal | |
| 928 | - | services, nor shall the Fund under Article 9 be required to pay | |
| 929 | - | any refund as a result of the application of this maximum | |
| 930 | - | annual earnings, salary, and wage cap. | |
| 931 | - | Nothing in this subsection (b-10) shall cause or otherwise | |
| 932 | - | result in any retroactive adjustment of any employee | |
| 933 | - | contributions. Nothing in this subsection (b-10) shall cause | |
| 934 | - | or otherwise result in any retroactive adjustment of | |
| 935 | - | disability or other payments made between January 1, 2011 and | |
| 936 | - | January 1, 2024. | |
| 937 | - | (c) A member or participant is entitled to a retirement | |
| 938 | - | annuity upon written application if he or she has attained age | |
| 939 | - | 67 (age 65, with respect to service under Article 12 that is | |
| 940 | - | subject to this Section, for a member or participant under | |
| 941 | - | Article 12 who first becomes a member or participant under | |
| 942 | - | Article 12 on or after January 1, 2022 or who makes the | |
| 943 | - | election under item (i) of subsection (d-15) of this Section) | |
| 944 | - | and has at least 10 years of service credit and is otherwise | |
| 945 | - | eligible under the requirements of the applicable Article. | |
| 946 | - | A member or participant who has attained age 62 (age 60, | |
| 947 | - | with respect to service under Article 12 that is subject to | |
| 948 | - | this Section, for a member or participant under Article 12 who | |
| 949 | - | first becomes a member or participant under Article 12 on or | |
| 950 | - | after January 1, 2022 or who makes the election under item (i) | |
| 951 | - | of subsection (d-15) of this Section) and has at least 10 years | |
| 952 | - | of service credit and is otherwise eligible under the | |
| 424 | + | ||
| 425 | + | HB2352 Enrolled - 12 - LRB103 27717 RPS 54094 b | |
| 953 | 426 | ||
| 954 | 427 | ||
| 955 | - | requirements of the applicable Article may elect to receive | |
| 956 | - | the lower retirement annuity provided in subsection (d) of | |
| 957 | - | this Section. | |
| 958 | - | (c-5) A person who first becomes a member or a participant | |
| 959 | - | subject to this Section on or after July 6, 2017 (the effective | |
| 960 | - | date of Public Act 100-23), notwithstanding any other | |
| 961 | - | provision of this Code to the contrary, is entitled to a | |
| 962 | - | retirement annuity under Article 8 or Article 11 upon written | |
| 963 | - | application if he or she has attained age 65 and has at least | |
| 964 | - | 10 years of service credit and is otherwise eligible under the | |
| 965 | - | requirements of Article 8 or Article 11 of this Code, | |
| 966 | - | whichever is applicable. | |
| 967 | - | (d) The retirement annuity of a member or participant who | |
| 968 | - | is retiring after attaining age 62 (age 60, with respect to | |
| 969 | - | service under Article 12 that is subject to this Section, for a | |
| 970 | - | member or participant under Article 12 who first becomes a | |
| 971 | - | member or participant under Article 12 on or after January 1, | |
| 972 | - | 2022 or who makes the election under item (i) of subsection | |
| 973 | - | (d-15) of this Section) with at least 10 years of service | |
| 974 | - | credit shall be reduced by one-half of 1% for each full month | |
| 975 | - | that the member's age is under age 67 (age 65, with respect to | |
| 976 | - | service under Article 12 that is subject to this Section, for a | |
| 977 | - | member or participant under Article 12 who first becomes a | |
| 978 | - | member or participant under Article 12 on or after January 1, | |
| 979 | - | 2022 or who makes the election under item (i) of subsection | |
| 980 | - | (d-15) of this Section). | |
| 428 | + | HB2352 Enrolled- 13 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 13 - LRB103 27717 RPS 54094 b | |
| 429 | + | HB2352 Enrolled - 13 - LRB103 27717 RPS 54094 b | |
| 430 | + | 1 defined in subsection (b) and subsection (c) of Section | |
| 431 | + | 2 14-110. A person who meets the requirements of this Section is | |
| 432 | + | 3 entitled to an annuity calculated under the provisions of | |
| 433 | + | 4 Section 14-110, in lieu of the regular or minimum retirement | |
| 434 | + | 5 annuity, only if the person has withdrawn from service with | |
| 435 | + | 6 not less than 20 years of eligible creditable service and has | |
| 436 | + | 7 attained age 60, regardless of whether the attainment of age | |
| 437 | + | 8 60 occurs while the person is still in service. | |
| 438 | + | 9 (g-5) The benefits in Section 14-110 apply if the person | |
| 439 | + | 10 is a State policeman, investigator for the Secretary of State, | |
| 440 | + | 11 conservation police officer, investigator for the Department | |
| 441 | + | 12 of Revenue or the Illinois Gaming Board, investigator for the | |
| 442 | + | 13 Office of the Attorney General, Commerce Commission police | |
| 443 | + | 14 officer, or arson investigator, as those terms are defined in | |
| 444 | + | 15 subsection (b) and subsection (c) of Section 14-110. A person | |
| 445 | + | 16 who meets the requirements of this Section is entitled to an | |
| 446 | + | 17 annuity calculated under the provisions of Section 14-110, in | |
| 447 | + | 18 lieu of the regular or minimum retirement annuity, only if the | |
| 448 | + | 19 person has withdrawn from service with not less than 20 years | |
| 449 | + | 20 of eligible creditable service and has attained age 55, | |
| 450 | + | 21 regardless of whether the attainment of age 55 occurs while | |
| 451 | + | 22 the person is still in service. | |
| 452 | + | 23 (h) If a person who first becomes a member or a participant | |
| 453 | + | 24 of a retirement system or pension fund subject to this Section | |
| 454 | + | 25 on or after January 1, 2011 is receiving a retirement annuity | |
| 455 | + | 26 or retirement pension under that system or fund and becomes a | |
| 981 | 456 | ||
| 982 | 457 | ||
| 983 | - | (d-5) The retirement annuity payable under Article 8 or | |
| 984 | - | Article 11 to an eligible person subject to subsection (c-5) | |
| 985 | - | of this Section who is retiring at age 60 with at least 10 | |
| 986 | - | years of service credit shall be reduced by one-half of 1% for | |
| 987 | - | each full month that the member's age is under age 65. | |
| 988 | - | (d-10) Each person who first became a member or | |
| 989 | - | participant under Article 8 or Article 11 of this Code on or | |
| 990 | - | after January 1, 2011 and prior to July 6, 2017 (the effective | |
| 991 | - | date of Public Act 100-23) shall make an irrevocable election | |
| 992 | - | either: | |
| 993 | - | (i) to be eligible for the reduced retirement age | |
| 994 | - | provided in subsections (c-5) and (d-5) of this Section, | |
| 995 | - | the eligibility for which is conditioned upon the member | |
| 996 | - | or participant agreeing to the increases in employee | |
| 997 | - | contributions for age and service annuities provided in | |
| 998 | - | subsection (a-5) of Section 8-174 of this Code (for | |
| 999 | - | service under Article 8) or subsection (a-5) of Section | |
| 1000 | - | 11-170 of this Code (for service under Article 11); or | |
| 1001 | - | (ii) to not agree to item (i) of this subsection | |
| 1002 | - | (d-10), in which case the member or participant shall | |
| 1003 | - | continue to be subject to the retirement age provisions in | |
| 1004 | - | subsections (c) and (d) of this Section and the employee | |
| 1005 | - | contributions for age and service annuity as provided in | |
| 1006 | - | subsection (a) of Section 8-174 of this Code (for service | |
| 1007 | - | under Article 8) or subsection (a) of Section 11-170 of | |
| 1008 | - | this Code (for service under Article 11). | |
| 1009 | 458 | ||
| 1010 | 459 | ||
| 1011 | - | The election provided for in this subsection shall be made | |
| 1012 | - | between October 1, 2017 and November 15, 2017. A person | |
| 1013 | - | subject to this subsection who makes the required election | |
| 1014 | - | shall remain bound by that election. A person subject to this | |
| 1015 | - | subsection who fails for any reason to make the required | |
| 1016 | - | election within the time specified in this subsection shall be | |
| 1017 | - | deemed to have made the election under item (ii). | |
| 1018 | - | (d-15) Each person who first becomes a member or | |
| 1019 | - | participant under Article 12 on or after January 1, 2011 and | |
| 1020 | - | prior to January 1, 2022 shall make an irrevocable election | |
| 1021 | - | either: | |
| 1022 | - | (i) to be eligible for the reduced retirement age | |
| 1023 | - | specified in subsections (c) and (d) of this Section, the | |
| 1024 | - | eligibility for which is conditioned upon the member or | |
| 1025 | - | participant agreeing to the increase in employee | |
| 1026 | - | contributions for service annuities specified in | |
| 1027 | - | subsection (b) of Section 12-150; or | |
| 1028 | - | (ii) to not agree to item (i) of this subsection | |
| 1029 | - | (d-15), in which case the member or participant shall not | |
| 1030 | - | be eligible for the reduced retirement age specified in | |
| 1031 | - | subsections (c) and (d) of this Section and shall not be | |
| 1032 | - | subject to the increase in employee contributions for | |
| 1033 | - | service annuities specified in subsection (b) of Section | |
| 1034 | - | 12-150. | |
| 1035 | - | The election provided for in this subsection shall be made | |
| 1036 | - | between January 1, 2022 and April 1, 2022. A person subject to | |
| 460 | + | ||
| 461 | + | HB2352 Enrolled - 13 - LRB103 27717 RPS 54094 b | |
| 1037 | 462 | ||
| 1038 | 463 | ||
| 1039 | - | this subsection who makes the required election shall remain | |
| 1040 | - | bound by that election. A person subject to this subsection | |
| 1041 | - | who fails for any reason to make the required election within | |
| 1042 | - | the time specified in this subsection shall be deemed to have | |
| 1043 | - | made the election under item (ii). | |
| 1044 | - | (e) Any retirement annuity or supplemental annuity shall | |
| 1045 | - | be subject to annual increases on the January 1 occurring | |
| 1046 | - | either on or after the attainment of age 67 (age 65, with | |
| 1047 | - | respect to service under Article 12 that is subject to this | |
| 1048 | - | Section, for a member or participant under Article 12 who | |
| 1049 | - | first becomes a member or participant under Article 12 on or | |
| 1050 | - | after January 1, 2022 or who makes the election under item (i) | |
| 1051 | - | of subsection (d-15); and beginning on July 6, 2017 (the | |
| 1052 | - | effective date of Public Act 100-23), age 65 with respect to | |
| 1053 | - | service under Article 8 or Article 11 for eligible persons | |
| 1054 | - | who: (i) are subject to subsection (c-5) of this Section; or | |
| 1055 | - | (ii) made the election under item (i) of subsection (d-10) of | |
| 1056 | - | this Section) or the first anniversary of the annuity start | |
| 1057 | - | date, whichever is later. Each annual increase shall be | |
| 1058 | - | calculated at 3% or one-half the annual unadjusted percentage | |
| 1059 | - | increase (but not less than zero) in the consumer price | |
| 1060 | - | index-u for the 12 months ending with the September preceding | |
| 1061 | - | each November 1, whichever is less, of the originally granted | |
| 1062 | - | retirement annuity. If the annual unadjusted percentage change | |
| 1063 | - | in the consumer price index-u for the 12 months ending with the | |
| 1064 | - | September preceding each November 1 is zero or there is a | |
| 464 | + | HB2352 Enrolled- 14 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 14 - LRB103 27717 RPS 54094 b | |
| 465 | + | HB2352 Enrolled - 14 - LRB103 27717 RPS 54094 b | |
| 466 | + | 1 member or participant under any other system or fund created | |
| 467 | + | 2 by this Code and is employed on a full-time basis, except for | |
| 468 | + | 3 those members or participants exempted from the provisions of | |
| 469 | + | 4 this Section under subsection (a) of this Section, then the | |
| 470 | + | 5 person's retirement annuity or retirement pension under that | |
| 471 | + | 6 system or fund shall be suspended during that employment. Upon | |
| 472 | + | 7 termination of that employment, the person's retirement | |
| 473 | + | 8 annuity or retirement pension payments shall resume and be | |
| 474 | + | 9 recalculated if recalculation is provided for under the | |
| 475 | + | 10 applicable Article of this Code. | |
| 476 | + | 11 If a person who first becomes a member of a retirement | |
| 477 | + | 12 system or pension fund subject to this Section on or after | |
| 478 | + | 13 January 1, 2012 and is receiving a retirement annuity or | |
| 479 | + | 14 retirement pension under that system or fund and accepts on a | |
| 480 | + | 15 contractual basis a position to provide services to a | |
| 481 | + | 16 governmental entity from which he or she has retired, then | |
| 482 | + | 17 that person's annuity or retirement pension earned as an | |
| 483 | + | 18 active employee of the employer shall be suspended during that | |
| 484 | + | 19 contractual service. A person receiving an annuity or | |
| 485 | + | 20 retirement pension under this Code shall notify the pension | |
| 486 | + | 21 fund or retirement system from which he or she is receiving an | |
| 487 | + | 22 annuity or retirement pension, as well as his or her | |
| 488 | + | 23 contractual employer, of his or her retirement status before | |
| 489 | + | 24 accepting contractual employment. A person who fails to submit | |
| 490 | + | 25 such notification shall be guilty of a Class A misdemeanor and | |
| 491 | + | 26 required to pay a fine of $1,000. Upon termination of that | |
| 1065 | 492 | ||
| 1066 | 493 | ||
| 1067 | - | decrease, then the annuity shall not be increased. | |
| 1068 | - | For the purposes of Section 1-103.1 of this Code, the | |
| 1069 | - | changes made to this Section by Public Act 102-263 are | |
| 1070 | - | applicable without regard to whether the employee was in | |
| 1071 | - | active service on or after August 6, 2021 (the effective date | |
| 1072 | - | of Public Act 102-263). | |
| 1073 | - | For the purposes of Section 1-103.1 of this Code, the | |
| 1074 | - | changes made to this Section by Public Act 100-23 are | |
| 1075 | - | applicable without regard to whether the employee was in | |
| 1076 | - | active service on or after July 6, 2017 (the effective date of | |
| 1077 | - | Public Act 100-23). | |
| 1078 | - | (f) The initial survivor's or widow's annuity of an | |
| 1079 | - | otherwise eligible survivor or widow of a retired member or | |
| 1080 | - | participant who first became a member or participant on or | |
| 1081 | - | after January 1, 2011 shall be in the amount of 66 2/3% of the | |
| 1082 | - | retired member's or participant's retirement annuity at the | |
| 1083 | - | date of death. In the case of the death of a member or | |
| 1084 | - | participant who has not retired and who first became a member | |
| 1085 | - | or participant on or after January 1, 2011, eligibility for a | |
| 1086 | - | survivor's or widow's annuity shall be determined by the | |
| 1087 | - | applicable Article of this Code. The initial benefit shall be | |
| 1088 | - | 66 2/3% of the earned annuity without a reduction due to age. A | |
| 1089 | - | child's annuity of an otherwise eligible child shall be in the | |
| 1090 | - | amount prescribed under each Article if applicable. Any | |
| 1091 | - | survivor's or widow's annuity shall be increased (1) on each | |
| 1092 | - | January 1 occurring on or after the commencement of the | |
| 1093 | 494 | ||
| 1094 | 495 | ||
| 1095 | - | annuity if the deceased member died while receiving a | |
| 1096 | - | retirement annuity or (2) in other cases, on each January 1 | |
| 1097 | - | occurring after the first anniversary of the commencement of | |
| 1098 | - | the annuity. Each annual increase shall be calculated at 3% or | |
| 1099 | - | one-half the annual unadjusted percentage increase (but not | |
| 1100 | - | less than zero) in the consumer price index-u for the 12 months | |
| 1101 | - | ending with the September preceding each November 1, whichever | |
| 1102 | - | is less, of the originally granted survivor's annuity. If the | |
| 1103 | - | annual unadjusted percentage change in the consumer price | |
| 1104 | - | index-u for the 12 months ending with the September preceding | |
| 1105 | - | each November 1 is zero or there is a decrease, then the | |
| 1106 | - | annuity shall not be increased. | |
| 1107 | - | (g) The benefits in Section 14-110 apply only if the | |
| 1108 | - | person is a State policeman, a fire fighter in the fire | |
| 1109 | - | protection service of a department, a conservation police | |
| 1110 | - | officer, an investigator for the Secretary of State, an | |
| 1111 | - | investigator for the Office of the Attorney General, an arson | |
| 1112 | - | investigator, a Commerce Commission police officer, | |
| 1113 | - | investigator for the Department of Revenue or the Illinois | |
| 1114 | - | Gaming Board, a security employee of the Department of | |
| 1115 | - | Corrections or the Department of Juvenile Justice, or a | |
| 1116 | - | security employee of the Department of Innovation and | |
| 1117 | - | Technology, as those terms are defined in subsection (b) and | |
| 1118 | - | subsection (c) of Section 14-110. A person who meets the | |
| 1119 | - | requirements of this Section is entitled to an annuity | |
| 1120 | - | calculated under the provisions of Section 14-110, in lieu of | |
| 496 | + | ||
| 497 | + | HB2352 Enrolled - 14 - LRB103 27717 RPS 54094 b | |
| 1121 | 498 | ||
| 1122 | 499 | ||
| 1123 | - | the regular or minimum retirement annuity, only if the person | |
| 1124 | - | has withdrawn from service with not less than 20 years of | |
| 1125 | - | eligible creditable service and has attained age 60, | |
| 1126 | - | regardless of whether the attainment of age 60 occurs while | |
| 1127 | - | the person is still in service. | |
| 1128 | - | (h) If a person who first becomes a member or a participant | |
| 1129 | - | of a retirement system or pension fund subject to this Section | |
| 1130 | - | on or after January 1, 2011 is receiving a retirement annuity | |
| 1131 | - | or retirement pension under that system or fund and becomes a | |
| 1132 | - | member or participant under any other system or fund created | |
| 1133 | - | by this Code and is employed on a full-time basis, except for | |
| 1134 | - | those members or participants exempted from the provisions of | |
| 1135 | - | this Section under subsection (a) of this Section, then the | |
| 1136 | - | person's retirement annuity or retirement pension under that | |
| 1137 | - | system or fund shall be suspended during that employment. Upon | |
| 1138 | - | termination of that employment, the person's retirement | |
| 1139 | - | annuity or retirement pension payments shall resume and be | |
| 1140 | - | recalculated if recalculation is provided for under the | |
| 1141 | - | applicable Article of this Code. | |
| 1142 | - | If a person who first becomes a member of a retirement | |
| 1143 | - | system or pension fund subject to this Section on or after | |
| 1144 | - | January 1, 2012 and is receiving a retirement annuity or | |
| 1145 | - | retirement pension under that system or fund and accepts on a | |
| 1146 | - | contractual basis a position to provide services to a | |
| 1147 | - | governmental entity from which he or she has retired, then | |
| 1148 | - | that person's annuity or retirement pension earned as an | |
| 500 | + | HB2352 Enrolled- 15 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 15 - LRB103 27717 RPS 54094 b | |
| 501 | + | HB2352 Enrolled - 15 - LRB103 27717 RPS 54094 b | |
| 502 | + | 1 contractual employment, the person's retirement annuity or | |
| 503 | + | 2 retirement pension payments shall resume and, if appropriate, | |
| 504 | + | 3 be recalculated under the applicable provisions of this Code. | |
| 505 | + | 4 (i) (Blank). | |
| 506 | + | 5 (j) In the case of a conflict between the provisions of | |
| 507 | + | 6 this Section and any other provision of this Code, the | |
| 508 | + | 7 provisions of this Section shall control. | |
| 509 | + | 8 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | |
| 510 | + | 9 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-719, eff. | |
| 511 | + | 10 5-6-22.) | |
| 512 | + | 11 (Text of Section from P.A. 102-813) | |
| 513 | + | 12 Sec. 1-160. Provisions applicable to new hires. | |
| 514 | + | 13 (a) The provisions of this Section apply to a person who, | |
| 515 | + | 14 on or after January 1, 2011, first becomes a member or a | |
| 516 | + | 15 participant under any reciprocal retirement system or pension | |
| 517 | + | 16 fund established under this Code, other than a retirement | |
| 518 | + | 17 system or pension fund established under Article 2, 3, 4, 5, 6, | |
| 519 | + | 18 7, 15, or 18 of this Code, notwithstanding any other provision | |
| 520 | + | 19 of this Code to the contrary, but do not apply to any | |
| 521 | + | 20 self-managed plan established under this Code or to any | |
| 522 | + | 21 participant of the retirement plan established under Section | |
| 523 | + | 22 22-101; except that this Section applies to a person who | |
| 524 | + | 23 elected to establish alternative credits by electing in | |
| 525 | + | 24 writing after January 1, 2011, but before August 8, 2011, | |
| 526 | + | 25 under Section 7-145.1 of this Code. Notwithstanding anything | |
| 1149 | 527 | ||
| 1150 | 528 | ||
| 1151 | - | active employee of the employer shall be suspended during that | |
| 1152 | - | contractual service. A person receiving an annuity or | |
| 1153 | - | retirement pension under this Code shall notify the pension | |
| 1154 | - | fund or retirement system from which he or she is receiving an | |
| 1155 | - | annuity or retirement pension, as well as his or her | |
| 1156 | - | contractual employer, of his or her retirement status before | |
| 1157 | - | accepting contractual employment. A person who fails to submit | |
| 1158 | - | such notification shall be guilty of a Class A misdemeanor and | |
| 1159 | - | required to pay a fine of $1,000. Upon termination of that | |
| 1160 | - | contractual employment, the person's retirement annuity or | |
| 1161 | - | retirement pension payments shall resume and, if appropriate, | |
| 1162 | - | be recalculated under the applicable provisions of this Code. | |
| 1163 | - | (i) (Blank). | |
| 1164 | - | (j) In the case of a conflict between the provisions of | |
| 1165 | - | this Section and any other provision of this Code, the | |
| 1166 | - | provisions of this Section shall control. | |
| 1167 | - | (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | |
| 1168 | - | 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-956, eff. | |
| 1169 | - | 5-27-22.) | |
| 1170 | - | (40 ILCS 5/9-169) (from Ch. 108 1/2, par. 9-169) | |
| 1171 | - | Sec. 9-169. Financing; tax Financing - Tax levy and other | |
| 1172 | - | funding sources. | |
| 1173 | - | (a) The county board shall levy a tax annually upon all | |
| 1174 | - | taxable property in the county at the rate that will produce a | |
| 1175 | - | sum which, when added to the amounts deducted from the | |
| 1176 | 529 | ||
| 1177 | 530 | ||
| 1178 | - | salaries of the employees or otherwise contributed by them is | |
| 1179 | - | sufficient for the requirements of this Article. | |
| 1180 | - | For the years before 1962 the tax rate shall be as provided | |
| 1181 | - | in "The 1925 Act". For the years 1962 and 1963 the tax rate | |
| 1182 | - | shall be not more than .0200 per cent; for the years 1964 and | |
| 1183 | - | 1965 the tax rate shall be not more than .0202 per cent; for | |
| 1184 | - | the years 1966 and 1967 the tax rate shall be not more than | |
| 1185 | - | .0207 per cent; for the year 1968 the tax rate shall be not | |
| 1186 | - | more than .0220 per cent; for the year 1969 the tax rate shall | |
| 1187 | - | be not more than .0233 per cent; for the year 1970 the tax rate | |
| 1188 | - | shall be not more than .0255 per cent; for the year 1971 the | |
| 1189 | - | tax rate shall be not more than .0268 per cent of the value, as | |
| 1190 | - | equalized or assessed by the Department of Revenue upon all | |
| 1191 | - | taxable property in the county. Beginning with the year 1972 | |
| 1192 | - | and for each year thereafter the county shall levy a tax | |
| 1193 | - | annually at a rate on the dollar of the value, as equalized or | |
| 1194 | - | assessed by the Department of Revenue of all taxable property | |
| 1195 | - | within the county that will produce, when extended, not to | |
| 1196 | - | exceed an amount equal to the total amount of contributions | |
| 1197 | - | made by the employees to the fund in the calendar year 2 years | |
| 1198 | - | prior to the year for which the annual applicable tax is levied | |
| 1199 | - | multiplied by .8 for the years 1972 through 1976; by .8 for the | |
| 1200 | - | year 1977; by .87 for the year 1978; by .94 for the year 1979; | |
| 1201 | - | by 1.02 for the year 1980 and by 1.10 for the year 1981 and by | |
| 1202 | - | 1.18 for the year 1982 and by 1.36 for the year 1983 and by | |
| 1203 | - | 1.54 for the year 1984 and for each year thereafter. | |
| 531 | + | ||
| 532 | + | HB2352 Enrolled - 15 - LRB103 27717 RPS 54094 b | |
| 1204 | 533 | ||
| 1205 | 534 | ||
| 1206 | - | This tax shall be levied and collected in like manner with | |
| 1207 | - | the general taxes of the county, and shall be in addition to | |
| 1208 | - | all other taxes which the county is authorized to levy upon the | |
| 1209 | - | aggregate valuation of all taxable property within the county | |
| 1210 | - | and shall be exclusive of and in addition to the amount of tax | |
| 1211 | - | the county is authorized to levy for general purposes under | |
| 1212 | - | any laws which may limit the amount of tax which the county may | |
| 1213 | - | levy for general purposes. The county clerk, in reducing tax | |
| 1214 | - | levies under any Act concerning the levy and extension of | |
| 1215 | - | taxes, shall not consider this tax as a part of the general tax | |
| 1216 | - | levy for county purposes, and shall not include it within any | |
| 1217 | - | limitation of the per cent of the assessed valuation upon | |
| 1218 | - | which taxes are required to be extended for the county. It is | |
| 1219 | - | lawful to extend this tax in addition to the general county | |
| 1220 | - | rate fixed by statute, without being authorized as additional | |
| 1221 | - | by a vote of the people of the county. | |
| 1222 | - | Revenues derived from this tax shall be paid to the | |
| 1223 | - | treasurer of the county and held by the treasurer him for the | |
| 1224 | - | benefit of the fund. | |
| 1225 | - | If the payments on account of taxes are insufficient | |
| 1226 | - | during any year to meet the requirements of this Article, the | |
| 1227 | - | county may issue tax anticipation warrants against the current | |
| 1228 | - | tax levy. | |
| 1229 | - | (b) By January 10, annually, the board shall notify the | |
| 1230 | - | county board of the requirement of this Article that this tax | |
| 1231 | - | shall be levied. The board shall make an annual determination | |
| 535 | + | HB2352 Enrolled- 16 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 16 - LRB103 27717 RPS 54094 b | |
| 536 | + | HB2352 Enrolled - 16 - LRB103 27717 RPS 54094 b | |
| 537 | + | 1 to the contrary in this Section, for purposes of this Section, | |
| 538 | + | 2 a person who is a Tier 1 regular employee as defined in Section | |
| 539 | + | 3 7-109.4 of this Code or who participated in a retirement | |
| 540 | + | 4 system under Article 15 prior to January 1, 2011 shall be | |
| 541 | + | 5 deemed a person who first became a member or participant prior | |
| 542 | + | 6 to January 1, 2011 under any retirement system or pension fund | |
| 543 | + | 7 subject to this Section. The changes made to this Section by | |
| 544 | + | 8 Public Act 98-596 are a clarification of existing law and are | |
| 545 | + | 9 intended to be retroactive to January 1, 2011 (the effective | |
| 546 | + | 10 date of Public Act 96-889), notwithstanding the provisions of | |
| 547 | + | 11 Section 1-103.1 of this Code. | |
| 548 | + | 12 This Section does not apply to a person who first becomes a | |
| 549 | + | 13 noncovered employee under Article 14 on or after the | |
| 550 | + | 14 implementation date of the plan created under Section 1-161 | |
| 551 | + | 15 for that Article, unless that person elects under subsection | |
| 552 | + | 16 (b) of Section 1-161 to instead receive the benefits provided | |
| 553 | + | 17 under this Section and the applicable provisions of that | |
| 554 | + | 18 Article. | |
| 555 | + | 19 This Section does not apply to a person who first becomes a | |
| 556 | + | 20 member or participant under Article 16 on or after the | |
| 557 | + | 21 implementation date of the plan created under Section 1-161 | |
| 558 | + | 22 for that Article, unless that person elects under subsection | |
| 559 | + | 23 (b) of Section 1-161 to instead receive the benefits provided | |
| 560 | + | 24 under this Section and the applicable provisions of that | |
| 561 | + | 25 Article. | |
| 562 | + | 26 This Section does not apply to a person who elects under | |
| 1232 | 563 | ||
| 1233 | 564 | ||
| 1234 | - | of the required county contributions, and shall certify the | |
| 1235 | - | results thereof to the county board. | |
| 1236 | - | (c) Beginning in the year 2024, the county's minimum | |
| 1237 | - | required employer contribution as provided in Section 9-169.2 | |
| 1238 | - | shall be paid with the portion of the tax levy as provided in | |
| 1239 | - | subsection (a) of this Section and any other lawfully | |
| 1240 | - | available funds of the county. The county shall disburse to | |
| 1241 | - | and deposit with the county treasurer on a monthly basis | |
| 1242 | - | beginning no later than the December 31 preceding the | |
| 1243 | - | beginning of the Fund's fiscal year 1/12 of the balance of what | |
| 1244 | - | is not paid under subsection (a), for the benefit of the Fund, | |
| 1245 | - | to be held in accordance with this Article. This amount, | |
| 1246 | - | together with such real estate taxes as are specifically | |
| 1247 | - | levied under this Section for that year, shall not be less than | |
| 1248 | - | the amount of the minimum required employer contribution for | |
| 1249 | - | that year as certified by the Fund to the county board. The | |
| 1250 | - | deposit may be derived from any source otherwise legally | |
| 1251 | - | available to the county for that purpose, including, but not | |
| 1252 | - | limited to, home rule taxes. The making of a deposit shall | |
| 1253 | - | satisfy the requirements of this Section for that year to the | |
| 1254 | - | extent of the amounts so deposited. Amounts deposited under | |
| 1255 | - | this subsection may be used by the Fund for any of the purposes | |
| 1256 | - | for which the proceeds of real estate taxes levied by the | |
| 1257 | - | county under this Section may otherwise be used, including the | |
| 1258 | - | payment of any amount that is otherwise required by this | |
| 1259 | - | Article to be paid from the proceeds of that tax. If the | |
| 1260 | 565 | ||
| 1261 | 566 | ||
| 1262 | - | county, before the effective date of this amendatory Act of | |
| 1263 | - | the 103rd General Assembly, made a contribution or agreed to | |
| 1264 | - | make a contribution to the Fund from sources other than real | |
| 1265 | - | estate taxes, this paragraph confirms the validity of or | |
| 1266 | - | ratifies such contribution or agreement, and neither the | |
| 1267 | - | county nor any of its officers or employees shall be required | |
| 1268 | - | to answer for such contribution or agreement in any court. The | |
| 1269 | - | various sums to be contributed by the county board and | |
| 1270 | - | allocated for the purposes of this Article and any interest to | |
| 1271 | - | be contributed by the county shall be taken from the revenue | |
| 1272 | - | derived from this tax and no money of the county derived from | |
| 1273 | - | any source other than the levy and collection of this tax or | |
| 1274 | - | the sale of tax anticipation warrants, except state or federal | |
| 1275 | - | funds contributed for annuity and benefit purposes for | |
| 1276 | - | employees of a county department of public aid under "The | |
| 1277 | - | Illinois Public Aid Code", approved April 11, 1967, as now or | |
| 1278 | - | hereafter amended, may be used to provide revenue for the | |
| 1279 | - | fund. | |
| 1280 | - | If it is not possible or practicable for the county to make | |
| 1281 | - | contributions for age and service annuity and widow's annuity | |
| 1282 | - | concurrently with the employee contributions made for such | |
| 1283 | - | purposes, such county shall make such contributions as soon as | |
| 1284 | - | possible and practicable thereafter with interest thereon at | |
| 1285 | - | the effective rate until the time it shall be made. | |
| 1286 | - | (d) With respect to employees whose wages are funded as | |
| 1287 | - | participants under the Comprehensive Employment and Training | |
| 567 | + | ||
| 568 | + | HB2352 Enrolled - 16 - LRB103 27717 RPS 54094 b | |
| 1288 | 569 | ||
| 1289 | 570 | ||
| 1290 | - | Act of 1973, as amended (P.L. 93-203, 87 Stat. 839, P.L. | |
| 1291 | - | 93-567, 88 Stat. 1845), hereinafter referred to as CETA, | |
| 1292 | - | subsequent to October 1, 1978, and in instances where the | |
| 1293 | - | board has elected to establish a manpower program reserve, the | |
| 1294 | - | board shall compute the amounts necessary to be credited to | |
| 1295 | - | the manpower program reserves established and maintained as | |
| 1296 | - | herein provided, and shall make a periodic determination of | |
| 1297 | - | the amount of required contributions from the County to the | |
| 1298 | - | reserve to be reimbursed by the federal government in | |
| 1299 | - | accordance with rules and regulations established by the | |
| 1300 | - | Secretary of the United States Department of Labor or his | |
| 1301 | - | designee, and certify the results thereof to the County Board. | |
| 1302 | - | Any such amounts shall become a credit to the County and will | |
| 1303 | - | be used to reduce the amount which the County would otherwise | |
| 1304 | - | contribute during succeeding years for all employees. | |
| 1305 | - | (e) In lieu of establishing a manpower program reserve | |
| 1306 | - | with respect to employees whose wages are funded as | |
| 1307 | - | participants under the Comprehensive Employment and Training | |
| 1308 | - | Act of 1973, as authorized by subsection (d), the board may | |
| 1309 | - | elect to establish a special County contribution rate for all | |
| 1310 | - | such employees. If this option is elected, the County shall | |
| 1311 | - | contribute to the Fund from federal funds provided under the | |
| 1312 | - | Comprehensive Employment and Training Act program at the | |
| 1313 | - | special rate so established and such contributions shall | |
| 1314 | - | become a credit to the County and be used to reduce the amount | |
| 1315 | - | which the County would otherwise contribute during succeeding | |
| 571 | + | HB2352 Enrolled- 17 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 17 - LRB103 27717 RPS 54094 b | |
| 572 | + | HB2352 Enrolled - 17 - LRB103 27717 RPS 54094 b | |
| 573 | + | 1 subsection (c-5) of Section 1-161 to receive the benefits | |
| 574 | + | 2 under Section 1-161. | |
| 575 | + | 3 This Section does not apply to a person who first becomes a | |
| 576 | + | 4 member or participant of an affected pension fund on or after 6 | |
| 577 | + | 5 months after the resolution or ordinance date, as defined in | |
| 578 | + | 6 Section 1-162, unless that person elects under subsection (c) | |
| 579 | + | 7 of Section 1-162 to receive the benefits provided under this | |
| 580 | + | 8 Section and the applicable provisions of the Article under | |
| 581 | + | 9 which he or she is a member or participant. | |
| 582 | + | 10 (b) "Final average salary" means, except as otherwise | |
| 583 | + | 11 provided in this subsection, the average monthly (or annual) | |
| 584 | + | 12 salary obtained by dividing the total salary or earnings | |
| 585 | + | 13 calculated under the Article applicable to the member or | |
| 586 | + | 14 participant during the 96 consecutive months (or 8 consecutive | |
| 587 | + | 15 years) of service within the last 120 months (or 10 years) of | |
| 588 | + | 16 service in which the total salary or earnings calculated under | |
| 589 | + | 17 the applicable Article was the highest by the number of months | |
| 590 | + | 18 (or years) of service in that period. For the purposes of a | |
| 591 | + | 19 person who first becomes a member or participant of any | |
| 592 | + | 20 retirement system or pension fund to which this Section | |
| 593 | + | 21 applies on or after January 1, 2011, in this Code, "final | |
| 594 | + | 22 average salary" shall be substituted for the following: | |
| 595 | + | 23 (1) (Blank). | |
| 596 | + | 24 (2) In Articles 8, 9, 10, 11, and 12, "highest average | |
| 597 | + | 25 annual salary for any 4 consecutive years within the last | |
| 598 | + | 26 10 years of service immediately preceding the date of | |
| 1316 | 599 | ||
| 1317 | 600 | ||
| 1318 | - | years for all employees. | |
| 1319 | - | (Source: P.A. 95-369, eff. 8-23-07.) | |
| 1320 | - | (40 ILCS 5/9-169.1 new) | |
| 1321 | - | Sec. 9-169.1. Annual actuarial report. The retirement | |
| 1322 | - | board shall retain an actuary who is a member in good standing | |
| 1323 | - | of the American Academy of Actuaries to produce an annual | |
| 1324 | - | actuarial report of the Fund. The annual actuarial report | |
| 1325 | - | shall include, but not be limited to: (1) a statement of the | |
| 1326 | - | minimum required contribution, the actuarial value of the | |
| 1327 | - | Fund's assets as projected over at least 30 years' time, and | |
| 1328 | - | the actuarial value of the Fund's liabilities as projected | |
| 1329 | - | over the same period of time; and (2) the minimum required | |
| 1330 | - | employer contribution, as determined under Section 9-169.2, | |
| 1331 | - | for the second year immediately following the year ending on | |
| 1332 | - | the valuation date upon which the annual actuarial report is | |
| 1333 | - | based. | |
| 1334 | - | The annual actuarial report may be prepared as part of the | |
| 1335 | - | annual audit required under Section 9-195. The annual | |
| 1336 | - | actuarial report shall be reviewed and formally adopted by the | |
| 1337 | - | retirement board and shall be included in the annual report | |
| 1338 | - | that is required to be submitted to the county in July of each | |
| 1339 | - | year under Section 9-199. | |
| 1340 | - | In this Section, "valuation date" means the date that the | |
| 1341 | - | value of the assets and liabilities of the Fund is based on in | |
| 1342 | - | the annual actuarial report. | |
| 1343 | 601 | ||
| 1344 | 602 | ||
| 1345 | - | (40 ILCS 5/9-169.2 new) | |
| 1346 | - | Sec. 9-169.2. Minimum required employer contribution. The | |
| 1347 | - | minimum required employer contribution for a specified year, | |
| 1348 | - | as set forth in the annual actuarial report required under | |
| 1349 | - | Section 9-169.1, shall be the amount determined by the Fund's | |
| 1350 | - | actuary to be equal to the sum of: (i) the projected normal | |
| 1351 | - | cost for pensions for that fiscal year based on the entry age | |
| 1352 | - | actuarial cost method, plus (ii) a projected unfunded | |
| 1353 | - | actuarial accrued liability amortization payment for pensions | |
| 1354 | - | for the fiscal year, plus (iii) projected expenses for that | |
| 1355 | - | fiscal year, plus (iv) interest to adjust for payment pattern | |
| 1356 | - | during the fiscal year, less (v) projected employee | |
| 1357 | - | contributions for that fiscal year. | |
| 1358 | - | The minimum required employer contribution for the next | |
| 1359 | - | year shall be submitted annually by the county on or before | |
| 1360 | - | June 14 of each year unless another time frame is agreed upon | |
| 1361 | - | by the county and the Fund. | |
| 1362 | - | For the purposes of this Section: | |
| 1363 | - | "5-Year smoothed actuarial value of assets" means the | |
| 1364 | - | value of assets as determined by a method that spreads the | |
| 1365 | - | effect of each year's investment return in excess of or below | |
| 1366 | - | the expected return. | |
| 1367 | - | "Entry age actuarial cost method" means a method of | |
| 1368 | - | determining the normal cost and is determined as a level | |
| 1369 | - | percentage of pay that, if paid from entry age to the assumed | |
| 603 | + | ||
| 604 | + | HB2352 Enrolled - 17 - LRB103 27717 RPS 54094 b | |
| 1370 | 605 | ||
| 1371 | 606 | ||
| 1372 | - | retirement age, assuming all the actuarial assumptions are | |
| 1373 | - | exactly met by experience and no changes in assumptions or | |
| 1374 | - | benefit provisions, would accumulate to a fund sufficient to | |
| 1375 | - | pay all benefits provided by the Fund. | |
| 1376 | - | "Layered amortization" means a technique that separately | |
| 1377 | - | layers the different components of the unfunded actuarial | |
| 1378 | - | accrued liabilities to be amortized over a fixed period not to | |
| 1379 | - | exceed 30 years. | |
| 1380 | - | "Projected expenses" means the projected administrative | |
| 1381 | - | expenses for the cost of administrating the Fund. | |
| 1382 | - | "Projected normal costs for pensions" means the cost of | |
| 1383 | - | the benefits that accrue during the year for active members | |
| 1384 | - | under the entry age actuarial cost method. | |
| 1385 | - | "Unfunded actuarial accrued liability amortization | |
| 1386 | - | payment" means the annual contribution equal to the difference | |
| 1387 | - | between the values of assets and the accrued liabilities of | |
| 1388 | - | the plan, calculated by an actuary, needed to amortize the | |
| 1389 | - | Fund's liabilities over a period of 30 years starting in 2017, | |
| 1390 | - | with layered amortization of the Fund's unexpected unfunded | |
| 1391 | - | actuarial accrued liability amortization payment following | |
| 1392 | - | 2017 in periods of 30 years, with amortization payments | |
| 1393 | - | increasing 2% per year, and reflecting a discount rate for all | |
| 1394 | - | liabilities consistent with the assumed investment rate of | |
| 1395 | - | return on fund assets and a 5-year smoothed actuarial value of | |
| 1396 | - | assets. | |
| 607 | + | HB2352 Enrolled- 18 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 18 - LRB103 27717 RPS 54094 b | |
| 608 | + | HB2352 Enrolled - 18 - LRB103 27717 RPS 54094 b | |
| 609 | + | 1 withdrawal". | |
| 610 | + | 2 (3) In Article 13, "average final salary". | |
| 611 | + | 3 (4) In Article 14, "final average compensation". | |
| 612 | + | 4 (5) In Article 17, "average salary". | |
| 613 | + | 5 (6) In Section 22-207, "wages or salary received by | |
| 614 | + | 6 him at the date of retirement or discharge". | |
| 615 | + | 7 A member of the Teachers' Retirement System of the State | |
| 616 | + | 8 of Illinois who retires on or after June 1, 2021 and for whom | |
| 617 | + | 9 the 2020-2021 school year is used in the calculation of the | |
| 618 | + | 10 member's final average salary shall use the higher of the | |
| 619 | + | 11 following for the purpose of determining the member's final | |
| 620 | + | 12 average salary: | |
| 621 | + | 13 (A) the amount otherwise calculated under the first | |
| 622 | + | 14 paragraph of this subsection; or | |
| 623 | + | 15 (B) an amount calculated by the Teachers' Retirement | |
| 624 | + | 16 System of the State of Illinois using the average of the | |
| 625 | + | 17 monthly (or annual) salary obtained by dividing the total | |
| 626 | + | 18 salary or earnings calculated under Article 16 applicable | |
| 627 | + | 19 to the member or participant during the 96 months (or 8 | |
| 628 | + | 20 years) of service within the last 120 months (or 10 years) | |
| 629 | + | 21 of service in which the total salary or earnings | |
| 630 | + | 22 calculated under the Article was the highest by the number | |
| 631 | + | 23 of months (or years) of service in that period. | |
| 632 | + | 24 (b-5) Beginning on January 1, 2011, for all purposes under | |
| 633 | + | 25 this Code (including without limitation the calculation of | |
| 634 | + | 26 benefits and employee contributions), the annual earnings, | |
| 1397 | 635 | ||
| 1398 | 636 | ||
| 1399 | - | (40 ILCS 5/9-179.1) (from Ch. 108 1/2, par. 9-179.1) | |
| 1400 | - | Sec. 9-179.1. Military service. A contributing employee as | |
| 1401 | - | of January 1, 1993 with at least 25 years of service credit may | |
| 1402 | - | apply for creditable service for up to 2 years of military | |
| 1403 | - | service whether or not the military service followed service | |
| 1404 | - | as a county employee. The military service need not have been | |
| 1405 | - | served in wartime, but the employee must not have been | |
| 1406 | - | dishonorably discharged. To establish this creditable service | |
| 1407 | - | the applicant must pay to the Fund, while in the service of the | |
| 1408 | - | county, an amount determined by the Fund to represent the | |
| 1409 | - | employee contributions for the creditable service established, | |
| 1410 | - | based on the employee's rate of compensation on his or her last | |
| 1411 | - | day as a contributor before the military service, or on his or | |
| 1412 | - | her first day as a contributor after the military service, | |
| 1413 | - | whichever is greater, plus interest at the effective rate from | |
| 1414 | - | the date of discharge to the date of payment. If a person who | |
| 1415 | - | has established any credit under this Section applies for or | |
| 1416 | - | receives any early retirement incentive under Section 9-134.2, | |
| 1417 | - | the credit under this Section shall be forfeited and the | |
| 1418 | - | amount paid to the Fund under this Section shall be refunded. | |
| 1419 | - | (Source: P.A. 87-1265.) | |
| 1420 | - | (40 ILCS 5/9-184) (from Ch. 108 1/2, par. 9-184) | |
| 1421 | - | Sec. 9-184. Estimates of sums required for certain | |
| 1422 | - | annuities and benefits. The board shall estimate and itemize | |
| 1423 | - | the amounts required each year to pay for all annuities, each | |
| 1424 | 637 | ||
| 1425 | 638 | ||
| 1426 | - | benefit category, and benefits and administrative expenses | |
| 1427 | - | associated with this Article, by way of a written report and | |
| 1428 | - | request to the County Board of Commissioners. The amounts | |
| 1429 | - | shall be paid into the fund annually by the county as provided | |
| 1430 | - | in Section 9-169 from the prescribed tax levy. | |
| 1431 | - | (Source: Laws 1963, p. 161.) | |
| 1432 | - | (40 ILCS 5/9-185) (from Ch. 108 1/2, par. 9-185) | |
| 1433 | - | Sec. 9-185. Board created. | |
| 1434 | - | (a) A board of 9 members shall constitute the board of | |
| 1435 | - | trustees authorized to carry out the provisions of this | |
| 1436 | - | Article. The board of trustees shall be known as "The | |
| 1437 | - | Retirement Board of the County Employees' Annuity and Benefit | |
| 1438 | - | Fund of .... County". The board shall consist of 2 members | |
| 1439 | - | appointed and 7 members elected as hereinafter prescribed. | |
| 1440 | - | (b) The appointed members shall be appointed as follows: | |
| 1441 | - | One member shall be appointed by the comptroller of such | |
| 1442 | - | county, who may be the comptroller or some person chosen by the | |
| 1443 | - | comptroller him from among employees of the county, who are | |
| 1444 | - | versed in the affairs of the comptroller's office; and one | |
| 1445 | - | member shall be appointed by the treasurer of such county, who | |
| 1446 | - | may be the treasurer or some person chosen by the treasurer him | |
| 1447 | - | from among employees of the County who are versed in the | |
| 1448 | - | affairs of the treasurer's office. | |
| 1449 | - | The member appointed by the comptroller shall hold office | |
| 1450 | - | for a term ending on December 1st of the first year following | |
| 639 | + | ||
| 640 | + | HB2352 Enrolled - 18 - LRB103 27717 RPS 54094 b | |
| 1451 | 641 | ||
| 1452 | 642 | ||
| 1453 | - | the year of appointment. The member appointed by the county | |
| 1454 | - | treasurer shall hold office for a term ending on December 1st | |
| 1455 | - | of the second year following the year of appointment. | |
| 1456 | - | Thereafter, each appointed member shall be appointed by | |
| 1457 | - | the officer that appointed the his predecessor for a term of 2 | |
| 1458 | - | years. | |
| 1459 | - | (c) Three county employee members of the board shall be | |
| 1460 | - | elected as follows: within 30 days from and after the date upon | |
| 1461 | - | which this Article comes into effect in the county, the clerk | |
| 1462 | - | of the county shall arrange for and hold an election. One | |
| 1463 | - | employee shall be elected for a term ending on the first day in | |
| 1464 | - | the month of December of the first year next following the | |
| 1465 | - | effective date; one for a term ending on December 1st of the | |
| 1466 | - | following year; and one for a term ending December 1st of the | |
| 1467 | - | second following year. | |
| 1468 | - | (d) Beginning December 1, 1988, and every 3 years | |
| 1469 | - | thereafter, an annuitant member of the board shall be elected | |
| 1470 | - | as follows: the board shall arrange for and hold an election in | |
| 1471 | - | which only those participants who are currently receiving | |
| 1472 | - | retirement benefits under this Article shall be eligible to | |
| 1473 | - | vote and be elected. Each such member shall be elected to a | |
| 1474 | - | term ending on the first day in the month of December of the | |
| 1475 | - | third following year. | |
| 1476 | - | (d-1) Beginning December 1, 2001, and every 3 years | |
| 1477 | - | thereafter, an annuitant member of the board shall be elected | |
| 1478 | - | as follows: the board shall arrange for and hold an election in | |
| 643 | + | HB2352 Enrolled- 19 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 19 - LRB103 27717 RPS 54094 b | |
| 644 | + | HB2352 Enrolled - 19 - LRB103 27717 RPS 54094 b | |
| 645 | + | 1 salary, or wages (based on the plan year) of a member or | |
| 646 | + | 2 participant to whom this Section applies shall not exceed | |
| 647 | + | 3 $106,800; however, that amount shall annually thereafter be | |
| 648 | + | 4 increased by the lesser of (i) 3% of that amount, including all | |
| 649 | + | 5 previous adjustments, or (ii) one-half the annual unadjusted | |
| 650 | + | 6 percentage increase (but not less than zero) in the consumer | |
| 651 | + | 7 price index-u for the 12 months ending with the September | |
| 652 | + | 8 preceding each November 1, including all previous adjustments. | |
| 653 | + | 9 For the purposes of this Section, "consumer price index-u" | |
| 654 | + | 10 means the index published by the Bureau of Labor Statistics of | |
| 655 | + | 11 the United States Department of Labor that measures the | |
| 656 | + | 12 average change in prices of goods and services purchased by | |
| 657 | + | 13 all urban consumers, United States city average, all items, | |
| 658 | + | 14 1982-84 = 100. The new amount resulting from each annual | |
| 659 | + | 15 adjustment shall be determined by the Public Pension Division | |
| 660 | + | 16 of the Department of Insurance and made available to the | |
| 661 | + | 17 boards of the retirement systems and pension funds by November | |
| 662 | + | 18 1 of each year. | |
| 663 | + | 19 (b-10) Beginning on January 1, 2024, for all purposes | |
| 664 | + | 20 under this Code (including, without limitation, the | |
| 665 | + | 21 calculation of benefits and employee contributions), the | |
| 666 | + | 22 annual earnings, salary, or wages (based on the plan year) of a | |
| 667 | + | 23 member or participant under Article 9 to whom this Section | |
| 668 | + | 24 applies shall include an annual earnings, salary, or wage cap | |
| 669 | + | 25 that tracks the Social Security wage base. Maximum annual | |
| 670 | + | 26 earnings, wages, or salary shall be the annual contribution | |
| 1479 | 671 | ||
| 1480 | 672 | ||
| 1481 | - | which only those participants who are currently receiving | |
| 1482 | - | retirement benefits under this Article shall be eligible to | |
| 1483 | - | vote and be elected. Each such member shall be elected to a | |
| 1484 | - | term ending on the first day in the month of December of the | |
| 1485 | - | third following year. Until December 1, 2001, the position | |
| 1486 | - | created under this subsection (d-1) may be filled by the board | |
| 1487 | - | as in the case of a vacancy. | |
| 1488 | - | (e) Beginning December 1, 1988, if a Forest Preserve | |
| 1489 | - | District Employees' Annuity and Benefit Fund shall be in force | |
| 1490 | - | in such county and the board of this fund is charged with | |
| 1491 | - | administering the affairs of such annuity and benefit fund for | |
| 1492 | - | employees of such forest preserve district, a forest preserve | |
| 1493 | - | district member of the board shall be elected as of December 1, | |
| 1494 | - | 1988, and every 3 years thereafter as follows: the board shall | |
| 1495 | - | arrange for and hold an election in which only those employees | |
| 1496 | - | of such forest preserve district who are contributors to the | |
| 1497 | - | annuity and benefit fund for employees of such forest preserve | |
| 1498 | - | district shall be eligible to vote and be elected. Each such | |
| 1499 | - | member shall be elected to a term ending on the first day in | |
| 1500 | - | the month of December of the third following year. | |
| 1501 | - | (f) Beginning December 1, 2001, and every 3 years | |
| 1502 | - | thereafter, if a Forest Preserve District Employees' Annuity | |
| 1503 | - | and Benefit Fund is in force in the county and the board of | |
| 1504 | - | this Fund is charged with administering the affairs of that | |
| 1505 | - | annuity and benefit fund for employees of the forest preserve | |
| 1506 | - | district, a forest preserve district annuitant member of the | |
| 1507 | 673 | ||
| 1508 | 674 | ||
| 1509 | - | board shall be elected as follows: the board shall arrange for | |
| 1510 | - | and hold an election in which only those participants who are | |
| 1511 | - | currently receiving retirement benefits under Article 10 shall | |
| 1512 | - | be eligible to vote and be elected. Each such member shall be | |
| 1513 | - | elected to a term ending on the first day in the month of | |
| 1514 | - | December of the third following year. Until December 1, 2001, | |
| 1515 | - | the position created under this subsection (f) may be filled | |
| 1516 | - | by the board as in the case of a vacancy. | |
| 1517 | - | (Source: P.A. 92-66, eff. 7-12-01.) | |
| 1518 | - | (40 ILCS 5/9-195) (from Ch. 108 1/2, par. 9-195) | |
| 1519 | - | Sec. 9-195. To have an audit. To have an audit of the | |
| 1520 | - | accounts of the fund made at least once each year by certified | |
| 1521 | - | public accountants. The audit may include the preparation of | |
| 1522 | - | the annual actuarial report required under Section 9-169.1. | |
| 1523 | - | (Source: Laws 1963, p. 161.) | |
| 1524 | - | (40 ILCS 5/9-199) (from Ch. 108 1/2, par. 9-199) | |
| 1525 | - | Sec. 9-199. To submit an annual report. To submit a report | |
| 1526 | - | in July of each year to the county board of the county as of | |
| 1527 | - | the close of business on December 31st of the preceding year. | |
| 1528 | - | The report shall contain a detailed statement of the affairs | |
| 1529 | - | of the fund, its income and expenditures, and assets and | |
| 1530 | - | liabilities, and it shall include the annual actuarial report | |
| 1531 | - | required under Section 9-169.1. The county board shall have | |
| 1532 | - | power to require and compel the retirement board to prepare | |
| 675 | + | ||
| 676 | + | HB2352 Enrolled - 19 - LRB103 27717 RPS 54094 b | |
| 1533 | 677 | ||
| 1534 | 678 | ||
| 1535 | - | and submit such reports. | |
| 1536 | - | (Source: P.A. 95-369, eff. 8-23-07.) | |
| 1537 | - | (40 ILCS 5/9-240 new) | |
| 1538 | - | Sec. 9-240. Group health benefit funding. Beginning on the | |
| 1539 | - | effective date of this amendatory Act of the 103rd General | |
| 1540 | - | Assembly, the county shall be notified by June 14 of each year | |
| 1541 | - | of the proposed costs of any such payments allocated by the | |
| 1542 | - | Fund for all or any portion of the total health premium paid by | |
| 1543 | - | the Fund pursuant to Section 9-239. | |
| 1544 | - | Section 90. The State Mandates Act is amended by adding | |
| 1545 | - | Section 8.47 as follows: | |
| 1546 | - | (30 ILCS 805/8.47 new) | |
| 1547 | - | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | |
| 1548 | - | 8 of this Act, no reimbursement by the State is required for | |
| 1549 | - | the implementation of any mandate created by this amendatory | |
| 1550 | - | Act of the 103rd General Assembly. | |
| 679 | + | HB2352 Enrolled- 20 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 20 - LRB103 27717 RPS 54094 b | |
| 680 | + | HB2352 Enrolled - 20 - LRB103 27717 RPS 54094 b | |
| 681 | + | 1 and benefit base established for the applicable year by the | |
| 682 | + | 2 Commissioner of the Social Security Administration under the | |
| 683 | + | 3 federal Social Security Act. | |
| 684 | + | 4 However, in no event shall the annual earnings, salary, or | |
| 685 | + | 5 wages for the purposes of this Article and Article 9 exceed any | |
| 686 | + | 6 limitation imposed on annual earnings, salary, or wages under | |
| 687 | + | 7 Section 1-117. Under no circumstances shall the maximum amount | |
| 688 | + | 8 of annual earnings, salary, or wages be greater than the | |
| 689 | + | 9 amount set forth in this subsection (b-10) as a result of | |
| 690 | + | 10 reciprocal service or any provisions regarding reciprocal | |
| 691 | + | 11 services, nor shall the Fund under Article 9 be required to pay | |
| 692 | + | 12 any refund as a result of the application of this maximum | |
| 693 | + | 13 annual earnings, salary, and wage cap. | |
| 694 | + | 14 Nothing in this subsection (b-10) shall cause or otherwise | |
| 695 | + | 15 result in any retroactive adjustment of any employee | |
| 696 | + | 16 contributions. Nothing in this subsection (b-10) shall cause | |
| 697 | + | 17 or otherwise result in any retroactive adjustment of | |
| 698 | + | 18 disability or other payments made between January 1, 2011 and | |
| 699 | + | 19 January 1, 2024. | |
| 700 | + | 20 (c) A member or participant is entitled to a retirement | |
| 701 | + | 21 annuity upon written application if he or she has attained age | |
| 702 | + | 22 67 (age 65, with respect to service under Article 12 that is | |
| 703 | + | 23 subject to this Section, for a member or participant under | |
| 704 | + | 24 Article 12 who first becomes a member or participant under | |
| 705 | + | 25 Article 12 on or after January 1, 2022 or who makes the | |
| 706 | + | 26 election under item (i) of subsection (d-15) of this Section) | |
| 707 | + | ||
| 708 | + | ||
| 709 | + | ||
| 710 | + | ||
| 711 | + | ||
| 712 | + | HB2352 Enrolled - 20 - LRB103 27717 RPS 54094 b | |
| 713 | + | ||
| 714 | + | ||
| 715 | + | HB2352 Enrolled- 21 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 21 - LRB103 27717 RPS 54094 b | |
| 716 | + | HB2352 Enrolled - 21 - LRB103 27717 RPS 54094 b | |
| 717 | + | 1 and has at least 10 years of service credit and is otherwise | |
| 718 | + | 2 eligible under the requirements of the applicable Article. | |
| 719 | + | 3 A member or participant who has attained age 62 (age 60, | |
| 720 | + | 4 with respect to service under Article 12 that is subject to | |
| 721 | + | 5 this Section, for a member or participant under Article 12 who | |
| 722 | + | 6 first becomes a member or participant under Article 12 on or | |
| 723 | + | 7 after January 1, 2022 or who makes the election under item (i) | |
| 724 | + | 8 of subsection (d-15) of this Section) and has at least 10 years | |
| 725 | + | 9 of service credit and is otherwise eligible under the | |
| 726 | + | 10 requirements of the applicable Article may elect to receive | |
| 727 | + | 11 the lower retirement annuity provided in subsection (d) of | |
| 728 | + | 12 this Section. | |
| 729 | + | 13 (c-5) A person who first becomes a member or a participant | |
| 730 | + | 14 subject to this Section on or after July 6, 2017 (the effective | |
| 731 | + | 15 date of Public Act 100-23), notwithstanding any other | |
| 732 | + | 16 provision of this Code to the contrary, is entitled to a | |
| 733 | + | 17 retirement annuity under Article 8 or Article 11 upon written | |
| 734 | + | 18 application if he or she has attained age 65 and has at least | |
| 735 | + | 19 10 years of service credit and is otherwise eligible under the | |
| 736 | + | 20 requirements of Article 8 or Article 11 of this Code, | |
| 737 | + | 21 whichever is applicable. | |
| 738 | + | 22 (d) The retirement annuity of a member or participant who | |
| 739 | + | 23 is retiring after attaining age 62 (age 60, with respect to | |
| 740 | + | 24 service under Article 12 that is subject to this Section, for a | |
| 741 | + | 25 member or participant under Article 12 who first becomes a | |
| 742 | + | 26 member or participant under Article 12 on or after January 1, | |
| 743 | + | ||
| 744 | + | ||
| 745 | + | ||
| 746 | + | ||
| 747 | + | ||
| 748 | + | HB2352 Enrolled - 21 - LRB103 27717 RPS 54094 b | |
| 749 | + | ||
| 750 | + | ||
| 751 | + | HB2352 Enrolled- 22 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 22 - LRB103 27717 RPS 54094 b | |
| 752 | + | HB2352 Enrolled - 22 - LRB103 27717 RPS 54094 b | |
| 753 | + | 1 2022 or who makes the election under item (i) of subsection | |
| 754 | + | 2 (d-15) of this Section) with at least 10 years of service | |
| 755 | + | 3 credit shall be reduced by one-half of 1% for each full month | |
| 756 | + | 4 that the member's age is under age 67 (age 65, with respect to | |
| 757 | + | 5 service under Article 12 that is subject to this Section, for a | |
| 758 | + | 6 member or participant under Article 12 who first becomes a | |
| 759 | + | 7 member or participant under Article 12 on or after January 1, | |
| 760 | + | 8 2022 or who makes the election under item (i) of subsection | |
| 761 | + | 9 (d-15) of this Section). | |
| 762 | + | 10 (d-5) The retirement annuity payable under Article 8 or | |
| 763 | + | 11 Article 11 to an eligible person subject to subsection (c-5) | |
| 764 | + | 12 of this Section who is retiring at age 60 with at least 10 | |
| 765 | + | 13 years of service credit shall be reduced by one-half of 1% for | |
| 766 | + | 14 each full month that the member's age is under age 65. | |
| 767 | + | 15 (d-10) Each person who first became a member or | |
| 768 | + | 16 participant under Article 8 or Article 11 of this Code on or | |
| 769 | + | 17 after January 1, 2011 and prior to July 6, 2017 (the effective | |
| 770 | + | 18 date of Public Act 100-23) shall make an irrevocable election | |
| 771 | + | 19 either: | |
| 772 | + | 20 (i) to be eligible for the reduced retirement age | |
| 773 | + | 21 provided in subsections (c-5) and (d-5) of this Section, | |
| 774 | + | 22 the eligibility for which is conditioned upon the member | |
| 775 | + | 23 or participant agreeing to the increases in employee | |
| 776 | + | 24 contributions for age and service annuities provided in | |
| 777 | + | 25 subsection (a-5) of Section 8-174 of this Code (for | |
| 778 | + | 26 service under Article 8) or subsection (a-5) of Section | |
| 779 | + | ||
| 780 | + | ||
| 781 | + | ||
| 782 | + | ||
| 783 | + | ||
| 784 | + | HB2352 Enrolled - 22 - LRB103 27717 RPS 54094 b | |
| 785 | + | ||
| 786 | + | ||
| 787 | + | HB2352 Enrolled- 23 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 23 - LRB103 27717 RPS 54094 b | |
| 788 | + | HB2352 Enrolled - 23 - LRB103 27717 RPS 54094 b | |
| 789 | + | 1 11-170 of this Code (for service under Article 11); or | |
| 790 | + | 2 (ii) to not agree to item (i) of this subsection | |
| 791 | + | 3 (d-10), in which case the member or participant shall | |
| 792 | + | 4 continue to be subject to the retirement age provisions in | |
| 793 | + | 5 subsections (c) and (d) of this Section and the employee | |
| 794 | + | 6 contributions for age and service annuity as provided in | |
| 795 | + | 7 subsection (a) of Section 8-174 of this Code (for service | |
| 796 | + | 8 under Article 8) or subsection (a) of Section 11-170 of | |
| 797 | + | 9 this Code (for service under Article 11). | |
| 798 | + | 10 The election provided for in this subsection shall be made | |
| 799 | + | 11 between October 1, 2017 and November 15, 2017. A person | |
| 800 | + | 12 subject to this subsection who makes the required election | |
| 801 | + | 13 shall remain bound by that election. A person subject to this | |
| 802 | + | 14 subsection who fails for any reason to make the required | |
| 803 | + | 15 election within the time specified in this subsection shall be | |
| 804 | + | 16 deemed to have made the election under item (ii). | |
| 805 | + | 17 (d-15) Each person who first becomes a member or | |
| 806 | + | 18 participant under Article 12 on or after January 1, 2011 and | |
| 807 | + | 19 prior to January 1, 2022 shall make an irrevocable election | |
| 808 | + | 20 either: | |
| 809 | + | 21 (i) to be eligible for the reduced retirement age | |
| 810 | + | 22 specified in subsections (c) and (d) of this Section, the | |
| 811 | + | 23 eligibility for which is conditioned upon the member or | |
| 812 | + | 24 participant agreeing to the increase in employee | |
| 813 | + | 25 contributions for service annuities specified in | |
| 814 | + | 26 subsection (b) of Section 12-150; or | |
| 815 | + | ||
| 816 | + | ||
| 817 | + | ||
| 818 | + | ||
| 819 | + | ||
| 820 | + | HB2352 Enrolled - 23 - LRB103 27717 RPS 54094 b | |
| 821 | + | ||
| 822 | + | ||
| 823 | + | HB2352 Enrolled- 24 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 24 - LRB103 27717 RPS 54094 b | |
| 824 | + | HB2352 Enrolled - 24 - LRB103 27717 RPS 54094 b | |
| 825 | + | 1 (ii) to not agree to item (i) of this subsection | |
| 826 | + | 2 (d-15), in which case the member or participant shall not | |
| 827 | + | 3 be eligible for the reduced retirement age specified in | |
| 828 | + | 4 subsections (c) and (d) of this Section and shall not be | |
| 829 | + | 5 subject to the increase in employee contributions for | |
| 830 | + | 6 service annuities specified in subsection (b) of Section | |
| 831 | + | 7 12-150. | |
| 832 | + | 8 The election provided for in this subsection shall be made | |
| 833 | + | 9 between January 1, 2022 and April 1, 2022. A person subject to | |
| 834 | + | 10 this subsection who makes the required election shall remain | |
| 835 | + | 11 bound by that election. A person subject to this subsection | |
| 836 | + | 12 who fails for any reason to make the required election within | |
| 837 | + | 13 the time specified in this subsection shall be deemed to have | |
| 838 | + | 14 made the election under item (ii). | |
| 839 | + | 15 (e) Any retirement annuity or supplemental annuity shall | |
| 840 | + | 16 be subject to annual increases on the January 1 occurring | |
| 841 | + | 17 either on or after the attainment of age 67 (age 65, with | |
| 842 | + | 18 respect to service under Article 12 that is subject to this | |
| 843 | + | 19 Section, for a member or participant under Article 12 who | |
| 844 | + | 20 first becomes a member or participant under Article 12 on or | |
| 845 | + | 21 after January 1, 2022 or who makes the election under item (i) | |
| 846 | + | 22 of subsection (d-15); and beginning on July 6, 2017 (the | |
| 847 | + | 23 effective date of Public Act 100-23), age 65 with respect to | |
| 848 | + | 24 service under Article 8 or Article 11 for eligible persons | |
| 849 | + | 25 who: (i) are subject to subsection (c-5) of this Section; or | |
| 850 | + | 26 (ii) made the election under item (i) of subsection (d-10) of | |
| 851 | + | ||
| 852 | + | ||
| 853 | + | ||
| 854 | + | ||
| 855 | + | ||
| 856 | + | HB2352 Enrolled - 24 - LRB103 27717 RPS 54094 b | |
| 857 | + | ||
| 858 | + | ||
| 859 | + | HB2352 Enrolled- 25 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 25 - LRB103 27717 RPS 54094 b | |
| 860 | + | HB2352 Enrolled - 25 - LRB103 27717 RPS 54094 b | |
| 861 | + | 1 this Section) or the first anniversary of the annuity start | |
| 862 | + | 2 date, whichever is later. Each annual increase shall be | |
| 863 | + | 3 calculated at 3% or one-half the annual unadjusted percentage | |
| 864 | + | 4 increase (but not less than zero) in the consumer price | |
| 865 | + | 5 index-u for the 12 months ending with the September preceding | |
| 866 | + | 6 each November 1, whichever is less, of the originally granted | |
| 867 | + | 7 retirement annuity. If the annual unadjusted percentage change | |
| 868 | + | 8 in the consumer price index-u for the 12 months ending with the | |
| 869 | + | 9 September preceding each November 1 is zero or there is a | |
| 870 | + | 10 decrease, then the annuity shall not be increased. | |
| 871 | + | 11 For the purposes of Section 1-103.1 of this Code, the | |
| 872 | + | 12 changes made to this Section by Public Act 102-263 are | |
| 873 | + | 13 applicable without regard to whether the employee was in | |
| 874 | + | 14 active service on or after August 6, 2021 (the effective date | |
| 875 | + | 15 of Public Act 102-263). | |
| 876 | + | 16 For the purposes of Section 1-103.1 of this Code, the | |
| 877 | + | 17 changes made to this Section by Public Act 100-23 are | |
| 878 | + | 18 applicable without regard to whether the employee was in | |
| 879 | + | 19 active service on or after July 6, 2017 (the effective date of | |
| 880 | + | 20 Public Act 100-23). | |
| 881 | + | 21 (f) The initial survivor's or widow's annuity of an | |
| 882 | + | 22 otherwise eligible survivor or widow of a retired member or | |
| 883 | + | 23 participant who first became a member or participant on or | |
| 884 | + | 24 after January 1, 2011 shall be in the amount of 66 2/3% of the | |
| 885 | + | 25 retired member's or participant's retirement annuity at the | |
| 886 | + | 26 date of death. In the case of the death of a member or | |
| 887 | + | ||
| 888 | + | ||
| 889 | + | ||
| 890 | + | ||
| 891 | + | ||
| 892 | + | HB2352 Enrolled - 25 - LRB103 27717 RPS 54094 b | |
| 893 | + | ||
| 894 | + | ||
| 895 | + | HB2352 Enrolled- 26 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 26 - LRB103 27717 RPS 54094 b | |
| 896 | + | HB2352 Enrolled - 26 - LRB103 27717 RPS 54094 b | |
| 897 | + | 1 participant who has not retired and who first became a member | |
| 898 | + | 2 or participant on or after January 1, 2011, eligibility for a | |
| 899 | + | 3 survivor's or widow's annuity shall be determined by the | |
| 900 | + | 4 applicable Article of this Code. The initial benefit shall be | |
| 901 | + | 5 66 2/3% of the earned annuity without a reduction due to age. A | |
| 902 | + | 6 child's annuity of an otherwise eligible child shall be in the | |
| 903 | + | 7 amount prescribed under each Article if applicable. Any | |
| 904 | + | 8 survivor's or widow's annuity shall be increased (1) on each | |
| 905 | + | 9 January 1 occurring on or after the commencement of the | |
| 906 | + | 10 annuity if the deceased member died while receiving a | |
| 907 | + | 11 retirement annuity or (2) in other cases, on each January 1 | |
| 908 | + | 12 occurring after the first anniversary of the commencement of | |
| 909 | + | 13 the annuity. Each annual increase shall be calculated at 3% or | |
| 910 | + | 14 one-half the annual unadjusted percentage increase (but not | |
| 911 | + | 15 less than zero) in the consumer price index-u for the 12 months | |
| 912 | + | 16 ending with the September preceding each November 1, whichever | |
| 913 | + | 17 is less, of the originally granted survivor's annuity. If the | |
| 914 | + | 18 annual unadjusted percentage change in the consumer price | |
| 915 | + | 19 index-u for the 12 months ending with the September preceding | |
| 916 | + | 20 each November 1 is zero or there is a decrease, then the | |
| 917 | + | 21 annuity shall not be increased. | |
| 918 | + | 22 (g) The benefits in Section 14-110 apply only if the | |
| 919 | + | 23 person is a State policeman, a fire fighter in the fire | |
| 920 | + | 24 protection service of a department, a conservation police | |
| 921 | + | 25 officer, an investigator for the Secretary of State, an arson | |
| 922 | + | 26 investigator, a Commerce Commission police officer, | |
| 923 | + | ||
| 924 | + | ||
| 925 | + | ||
| 926 | + | ||
| 927 | + | ||
| 928 | + | HB2352 Enrolled - 26 - LRB103 27717 RPS 54094 b | |
| 929 | + | ||
| 930 | + | ||
| 931 | + | HB2352 Enrolled- 27 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 27 - LRB103 27717 RPS 54094 b | |
| 932 | + | HB2352 Enrolled - 27 - LRB103 27717 RPS 54094 b | |
| 933 | + | 1 investigator for the Department of Revenue or the Illinois | |
| 934 | + | 2 Gaming Board, a security employee of the Department of | |
| 935 | + | 3 Corrections or the Department of Juvenile Justice, or a | |
| 936 | + | 4 security employee of the Department of Innovation and | |
| 937 | + | 5 Technology, as those terms are defined in subsection (b) and | |
| 938 | + | 6 subsection (c) of Section 14-110. A person who meets the | |
| 939 | + | 7 requirements of this Section is entitled to an annuity | |
| 940 | + | 8 calculated under the provisions of Section 14-110, in lieu of | |
| 941 | + | 9 the regular or minimum retirement annuity, only if the person | |
| 942 | + | 10 has withdrawn from service with not less than 20 years of | |
| 943 | + | 11 eligible creditable service and has attained age 60, | |
| 944 | + | 12 regardless of whether the attainment of age 60 occurs while | |
| 945 | + | 13 the person is still in service. | |
| 946 | + | 14 (h) If a person who first becomes a member or a participant | |
| 947 | + | 15 of a retirement system or pension fund subject to this Section | |
| 948 | + | 16 on or after January 1, 2011 is receiving a retirement annuity | |
| 949 | + | 17 or retirement pension under that system or fund and becomes a | |
| 950 | + | 18 member or participant under any other system or fund created | |
| 951 | + | 19 by this Code and is employed on a full-time basis, except for | |
| 952 | + | 20 those members or participants exempted from the provisions of | |
| 953 | + | 21 this Section under subsection (a) of this Section, then the | |
| 954 | + | 22 person's retirement annuity or retirement pension under that | |
| 955 | + | 23 system or fund shall be suspended during that employment. Upon | |
| 956 | + | 24 termination of that employment, the person's retirement | |
| 957 | + | 25 annuity or retirement pension payments shall resume and be | |
| 958 | + | 26 recalculated if recalculation is provided for under the | |
| 959 | + | ||
| 960 | + | ||
| 961 | + | ||
| 962 | + | ||
| 963 | + | ||
| 964 | + | HB2352 Enrolled - 27 - LRB103 27717 RPS 54094 b | |
| 965 | + | ||
| 966 | + | ||
| 967 | + | HB2352 Enrolled- 28 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 28 - LRB103 27717 RPS 54094 b | |
| 968 | + | HB2352 Enrolled - 28 - LRB103 27717 RPS 54094 b | |
| 969 | + | 1 applicable Article of this Code. | |
| 970 | + | 2 If a person who first becomes a member of a retirement | |
| 971 | + | 3 system or pension fund subject to this Section on or after | |
| 972 | + | 4 January 1, 2012 and is receiving a retirement annuity or | |
| 973 | + | 5 retirement pension under that system or fund and accepts on a | |
| 974 | + | 6 contractual basis a position to provide services to a | |
| 975 | + | 7 governmental entity from which he or she has retired, then | |
| 976 | + | 8 that person's annuity or retirement pension earned as an | |
| 977 | + | 9 active employee of the employer shall be suspended during that | |
| 978 | + | 10 contractual service. A person receiving an annuity or | |
| 979 | + | 11 retirement pension under this Code shall notify the pension | |
| 980 | + | 12 fund or retirement system from which he or she is receiving an | |
| 981 | + | 13 annuity or retirement pension, as well as his or her | |
| 982 | + | 14 contractual employer, of his or her retirement status before | |
| 983 | + | 15 accepting contractual employment. A person who fails to submit | |
| 984 | + | 16 such notification shall be guilty of a Class A misdemeanor and | |
| 985 | + | 17 required to pay a fine of $1,000. Upon termination of that | |
| 986 | + | 18 contractual employment, the person's retirement annuity or | |
| 987 | + | 19 retirement pension payments shall resume and, if appropriate, | |
| 988 | + | 20 be recalculated under the applicable provisions of this Code. | |
| 989 | + | 21 (i) (Blank). | |
| 990 | + | 22 (j) In the case of a conflict between the provisions of | |
| 991 | + | 23 this Section and any other provision of this Code, the | |
| 992 | + | 24 provisions of this Section shall control. | |
| 993 | + | 25 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | |
| 994 | + | 26 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-813, eff. | |
| 995 | + | ||
| 996 | + | ||
| 997 | + | ||
| 998 | + | ||
| 999 | + | ||
| 1000 | + | HB2352 Enrolled - 28 - LRB103 27717 RPS 54094 b | |
| 1001 | + | ||
| 1002 | + | ||
| 1003 | + | HB2352 Enrolled- 29 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 29 - LRB103 27717 RPS 54094 b | |
| 1004 | + | HB2352 Enrolled - 29 - LRB103 27717 RPS 54094 b | |
| 1005 | + | 1 5-13-22.) | |
| 1006 | + | 2 (Text of Section from P.A. 102-956) | |
| 1007 | + | 3 Sec. 1-160. Provisions applicable to new hires. | |
| 1008 | + | 4 (a) The provisions of this Section apply to a person who, | |
| 1009 | + | 5 on or after January 1, 2011, first becomes a member or a | |
| 1010 | + | 6 participant under any reciprocal retirement system or pension | |
| 1011 | + | 7 fund established under this Code, other than a retirement | |
| 1012 | + | 8 system or pension fund established under Article 2, 3, 4, 5, 6, | |
| 1013 | + | 9 7, 15, or 18 of this Code, notwithstanding any other provision | |
| 1014 | + | 10 of this Code to the contrary, but do not apply to any | |
| 1015 | + | 11 self-managed plan established under this Code or to any | |
| 1016 | + | 12 participant of the retirement plan established under Section | |
| 1017 | + | 13 22-101; except that this Section applies to a person who | |
| 1018 | + | 14 elected to establish alternative credits by electing in | |
| 1019 | + | 15 writing after January 1, 2011, but before August 8, 2011, | |
| 1020 | + | 16 under Section 7-145.1 of this Code. Notwithstanding anything | |
| 1021 | + | 17 to the contrary in this Section, for purposes of this Section, | |
| 1022 | + | 18 a person who is a Tier 1 regular employee as defined in Section | |
| 1023 | + | 19 7-109.4 of this Code or who participated in a retirement | |
| 1024 | + | 20 system under Article 15 prior to January 1, 2011 shall be | |
| 1025 | + | 21 deemed a person who first became a member or participant prior | |
| 1026 | + | 22 to January 1, 2011 under any retirement system or pension fund | |
| 1027 | + | 23 subject to this Section. The changes made to this Section by | |
| 1028 | + | 24 Public Act 98-596 are a clarification of existing law and are | |
| 1029 | + | 25 intended to be retroactive to January 1, 2011 (the effective | |
| 1030 | + | ||
| 1031 | + | ||
| 1032 | + | ||
| 1033 | + | ||
| 1034 | + | ||
| 1035 | + | HB2352 Enrolled - 29 - LRB103 27717 RPS 54094 b | |
| 1036 | + | ||
| 1037 | + | ||
| 1038 | + | HB2352 Enrolled- 30 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 30 - LRB103 27717 RPS 54094 b | |
| 1039 | + | HB2352 Enrolled - 30 - LRB103 27717 RPS 54094 b | |
| 1040 | + | 1 date of Public Act 96-889), notwithstanding the provisions of | |
| 1041 | + | 2 Section 1-103.1 of this Code. | |
| 1042 | + | 3 This Section does not apply to a person who first becomes a | |
| 1043 | + | 4 noncovered employee under Article 14 on or after the | |
| 1044 | + | 5 implementation date of the plan created under Section 1-161 | |
| 1045 | + | 6 for that Article, unless that person elects under subsection | |
| 1046 | + | 7 (b) of Section 1-161 to instead receive the benefits provided | |
| 1047 | + | 8 under this Section and the applicable provisions of that | |
| 1048 | + | 9 Article. | |
| 1049 | + | 10 This Section does not apply to a person who first becomes a | |
| 1050 | + | 11 member or participant under Article 16 on or after the | |
| 1051 | + | 12 implementation date of the plan created under Section 1-161 | |
| 1052 | + | 13 for that Article, unless that person elects under subsection | |
| 1053 | + | 14 (b) of Section 1-161 to instead receive the benefits provided | |
| 1054 | + | 15 under this Section and the applicable provisions of that | |
| 1055 | + | 16 Article. | |
| 1056 | + | 17 This Section does not apply to a person who elects under | |
| 1057 | + | 18 subsection (c-5) of Section 1-161 to receive the benefits | |
| 1058 | + | 19 under Section 1-161. | |
| 1059 | + | 20 This Section does not apply to a person who first becomes a | |
| 1060 | + | 21 member or participant of an affected pension fund on or after 6 | |
| 1061 | + | 22 months after the resolution or ordinance date, as defined in | |
| 1062 | + | 23 Section 1-162, unless that person elects under subsection (c) | |
| 1063 | + | 24 of Section 1-162 to receive the benefits provided under this | |
| 1064 | + | 25 Section and the applicable provisions of the Article under | |
| 1065 | + | 26 which he or she is a member or participant. | |
| 1066 | + | ||
| 1067 | + | ||
| 1068 | + | ||
| 1069 | + | ||
| 1070 | + | ||
| 1071 | + | HB2352 Enrolled - 30 - LRB103 27717 RPS 54094 b | |
| 1072 | + | ||
| 1073 | + | ||
| 1074 | + | HB2352 Enrolled- 31 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 31 - LRB103 27717 RPS 54094 b | |
| 1075 | + | HB2352 Enrolled - 31 - LRB103 27717 RPS 54094 b | |
| 1076 | + | 1 (b) "Final average salary" means, except as otherwise | |
| 1077 | + | 2 provided in this subsection, the average monthly (or annual) | |
| 1078 | + | 3 salary obtained by dividing the total salary or earnings | |
| 1079 | + | 4 calculated under the Article applicable to the member or | |
| 1080 | + | 5 participant during the 96 consecutive months (or 8 consecutive | |
| 1081 | + | 6 years) of service within the last 120 months (or 10 years) of | |
| 1082 | + | 7 service in which the total salary or earnings calculated under | |
| 1083 | + | 8 the applicable Article was the highest by the number of months | |
| 1084 | + | 9 (or years) of service in that period. For the purposes of a | |
| 1085 | + | 10 person who first becomes a member or participant of any | |
| 1086 | + | 11 retirement system or pension fund to which this Section | |
| 1087 | + | 12 applies on or after January 1, 2011, in this Code, "final | |
| 1088 | + | 13 average salary" shall be substituted for the following: | |
| 1089 | + | 14 (1) (Blank). | |
| 1090 | + | 15 (2) In Articles 8, 9, 10, 11, and 12, "highest average | |
| 1091 | + | 16 annual salary for any 4 consecutive years within the last | |
| 1092 | + | 17 10 years of service immediately preceding the date of | |
| 1093 | + | 18 withdrawal". | |
| 1094 | + | 19 (3) In Article 13, "average final salary". | |
| 1095 | + | 20 (4) In Article 14, "final average compensation". | |
| 1096 | + | 21 (5) In Article 17, "average salary". | |
| 1097 | + | 22 (6) In Section 22-207, "wages or salary received by | |
| 1098 | + | 23 him at the date of retirement or discharge". | |
| 1099 | + | 24 A member of the Teachers' Retirement System of the State | |
| 1100 | + | 25 of Illinois who retires on or after June 1, 2021 and for whom | |
| 1101 | + | 26 the 2020-2021 school year is used in the calculation of the | |
| 1102 | + | ||
| 1103 | + | ||
| 1104 | + | ||
| 1105 | + | ||
| 1106 | + | ||
| 1107 | + | HB2352 Enrolled - 31 - LRB103 27717 RPS 54094 b | |
| 1108 | + | ||
| 1109 | + | ||
| 1110 | + | HB2352 Enrolled- 32 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 32 - LRB103 27717 RPS 54094 b | |
| 1111 | + | HB2352 Enrolled - 32 - LRB103 27717 RPS 54094 b | |
| 1112 | + | 1 member's final average salary shall use the higher of the | |
| 1113 | + | 2 following for the purpose of determining the member's final | |
| 1114 | + | 3 average salary: | |
| 1115 | + | 4 (A) the amount otherwise calculated under the first | |
| 1116 | + | 5 paragraph of this subsection; or | |
| 1117 | + | 6 (B) an amount calculated by the Teachers' Retirement | |
| 1118 | + | 7 System of the State of Illinois using the average of the | |
| 1119 | + | 8 monthly (or annual) salary obtained by dividing the total | |
| 1120 | + | 9 salary or earnings calculated under Article 16 applicable | |
| 1121 | + | 10 to the member or participant during the 96 months (or 8 | |
| 1122 | + | 11 years) of service within the last 120 months (or 10 years) | |
| 1123 | + | 12 of service in which the total salary or earnings | |
| 1124 | + | 13 calculated under the Article was the highest by the number | |
| 1125 | + | 14 of months (or years) of service in that period. | |
| 1126 | + | 15 (b-5) Beginning on January 1, 2011, for all purposes under | |
| 1127 | + | 16 this Code (including without limitation the calculation of | |
| 1128 | + | 17 benefits and employee contributions), the annual earnings, | |
| 1129 | + | 18 salary, or wages (based on the plan year) of a member or | |
| 1130 | + | 19 participant to whom this Section applies shall not exceed | |
| 1131 | + | 20 $106,800; however, that amount shall annually thereafter be | |
| 1132 | + | 21 increased by the lesser of (i) 3% of that amount, including all | |
| 1133 | + | 22 previous adjustments, or (ii) one-half the annual unadjusted | |
| 1134 | + | 23 percentage increase (but not less than zero) in the consumer | |
| 1135 | + | 24 price index-u for the 12 months ending with the September | |
| 1136 | + | 25 preceding each November 1, including all previous adjustments. | |
| 1137 | + | 26 For the purposes of this Section, "consumer price index-u" | |
| 1138 | + | ||
| 1139 | + | ||
| 1140 | + | ||
| 1141 | + | ||
| 1142 | + | ||
| 1143 | + | HB2352 Enrolled - 32 - LRB103 27717 RPS 54094 b | |
| 1144 | + | ||
| 1145 | + | ||
| 1146 | + | HB2352 Enrolled- 33 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 33 - LRB103 27717 RPS 54094 b | |
| 1147 | + | HB2352 Enrolled - 33 - LRB103 27717 RPS 54094 b | |
| 1148 | + | 1 means the index published by the Bureau of Labor Statistics of | |
| 1149 | + | 2 the United States Department of Labor that measures the | |
| 1150 | + | 3 average change in prices of goods and services purchased by | |
| 1151 | + | 4 all urban consumers, United States city average, all items, | |
| 1152 | + | 5 1982-84 = 100. The new amount resulting from each annual | |
| 1153 | + | 6 adjustment shall be determined by the Public Pension Division | |
| 1154 | + | 7 of the Department of Insurance and made available to the | |
| 1155 | + | 8 boards of the retirement systems and pension funds by November | |
| 1156 | + | 9 1 of each year. | |
| 1157 | + | 10 (b-10) Beginning on January 1, 2024, for all purposes | |
| 1158 | + | 11 under this Code (including, without limitation, the | |
| 1159 | + | 12 calculation of benefits and employee contributions), the | |
| 1160 | + | 13 annual earnings, salary, or wages (based on the plan year) of a | |
| 1161 | + | 14 member or participant under Article 9 to whom this Section | |
| 1162 | + | 15 applies shall include an annual earnings, salary, or wage cap | |
| 1163 | + | 16 that tracks the Social Security wage base. Maximum annual | |
| 1164 | + | 17 earnings, wages, or salary shall be the annual contribution | |
| 1165 | + | 18 and benefit base established for the applicable year by the | |
| 1166 | + | 19 Commissioner of the Social Security Administration under the | |
| 1167 | + | 20 federal Social Security Act. | |
| 1168 | + | 21 However, in no event shall the annual earnings, salary, or | |
| 1169 | + | 22 wages for the purposes of this Article and Article 9 exceed any | |
| 1170 | + | 23 limitation imposed on annual earnings, salary, or wages under | |
| 1171 | + | 24 Section 1-117. Under no circumstances shall the maximum amount | |
| 1172 | + | 25 of annual earnings, salary, or wages be greater than the | |
| 1173 | + | 26 amount set forth in this subsection (b-10) as a result of | |
| 1174 | + | ||
| 1175 | + | ||
| 1176 | + | ||
| 1177 | + | ||
| 1178 | + | ||
| 1179 | + | HB2352 Enrolled - 33 - LRB103 27717 RPS 54094 b | |
| 1180 | + | ||
| 1181 | + | ||
| 1182 | + | HB2352 Enrolled- 34 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 34 - LRB103 27717 RPS 54094 b | |
| 1183 | + | HB2352 Enrolled - 34 - LRB103 27717 RPS 54094 b | |
| 1184 | + | 1 reciprocal service or any provisions regarding reciprocal | |
| 1185 | + | 2 services, nor shall the Fund under Article 9 be required to pay | |
| 1186 | + | 3 any refund as a result of the application of this maximum | |
| 1187 | + | 4 annual earnings, salary, and wage cap. | |
| 1188 | + | 5 Nothing in this subsection (b-10) shall cause or otherwise | |
| 1189 | + | 6 result in any retroactive adjustment of any employee | |
| 1190 | + | 7 contributions. Nothing in this subsection (b-10) shall cause | |
| 1191 | + | 8 or otherwise result in any retroactive adjustment of | |
| 1192 | + | 9 disability or other payments made between January 1, 2011 and | |
| 1193 | + | 10 January 1, 2024. | |
| 1194 | + | 11 (c) A member or participant is entitled to a retirement | |
| 1195 | + | 12 annuity upon written application if he or she has attained age | |
| 1196 | + | 13 67 (age 65, with respect to service under Article 12 that is | |
| 1197 | + | 14 subject to this Section, for a member or participant under | |
| 1198 | + | 15 Article 12 who first becomes a member or participant under | |
| 1199 | + | 16 Article 12 on or after January 1, 2022 or who makes the | |
| 1200 | + | 17 election under item (i) of subsection (d-15) of this Section) | |
| 1201 | + | 18 and has at least 10 years of service credit and is otherwise | |
| 1202 | + | 19 eligible under the requirements of the applicable Article. | |
| 1203 | + | 20 A member or participant who has attained age 62 (age 60, | |
| 1204 | + | 21 with respect to service under Article 12 that is subject to | |
| 1205 | + | 22 this Section, for a member or participant under Article 12 who | |
| 1206 | + | 23 first becomes a member or participant under Article 12 on or | |
| 1207 | + | 24 after January 1, 2022 or who makes the election under item (i) | |
| 1208 | + | 25 of subsection (d-15) of this Section) and has at least 10 years | |
| 1209 | + | 26 of service credit and is otherwise eligible under the | |
| 1210 | + | ||
| 1211 | + | ||
| 1212 | + | ||
| 1213 | + | ||
| 1214 | + | ||
| 1215 | + | HB2352 Enrolled - 34 - LRB103 27717 RPS 54094 b | |
| 1216 | + | ||
| 1217 | + | ||
| 1218 | + | HB2352 Enrolled- 35 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 35 - LRB103 27717 RPS 54094 b | |
| 1219 | + | HB2352 Enrolled - 35 - LRB103 27717 RPS 54094 b | |
| 1220 | + | 1 requirements of the applicable Article may elect to receive | |
| 1221 | + | 2 the lower retirement annuity provided in subsection (d) of | |
| 1222 | + | 3 this Section. | |
| 1223 | + | 4 (c-5) A person who first becomes a member or a participant | |
| 1224 | + | 5 subject to this Section on or after July 6, 2017 (the effective | |
| 1225 | + | 6 date of Public Act 100-23), notwithstanding any other | |
| 1226 | + | 7 provision of this Code to the contrary, is entitled to a | |
| 1227 | + | 8 retirement annuity under Article 8 or Article 11 upon written | |
| 1228 | + | 9 application if he or she has attained age 65 and has at least | |
| 1229 | + | 10 10 years of service credit and is otherwise eligible under the | |
| 1230 | + | 11 requirements of Article 8 or Article 11 of this Code, | |
| 1231 | + | 12 whichever is applicable. | |
| 1232 | + | 13 (d) The retirement annuity of a member or participant who | |
| 1233 | + | 14 is retiring after attaining age 62 (age 60, with respect to | |
| 1234 | + | 15 service under Article 12 that is subject to this Section, for a | |
| 1235 | + | 16 member or participant under Article 12 who first becomes a | |
| 1236 | + | 17 member or participant under Article 12 on or after January 1, | |
| 1237 | + | 18 2022 or who makes the election under item (i) of subsection | |
| 1238 | + | 19 (d-15) of this Section) with at least 10 years of service | |
| 1239 | + | 20 credit shall be reduced by one-half of 1% for each full month | |
| 1240 | + | 21 that the member's age is under age 67 (age 65, with respect to | |
| 1241 | + | 22 service under Article 12 that is subject to this Section, for a | |
| 1242 | + | 23 member or participant under Article 12 who first becomes a | |
| 1243 | + | 24 member or participant under Article 12 on or after January 1, | |
| 1244 | + | 25 2022 or who makes the election under item (i) of subsection | |
| 1245 | + | 26 (d-15) of this Section). | |
| 1246 | + | ||
| 1247 | + | ||
| 1248 | + | ||
| 1249 | + | ||
| 1250 | + | ||
| 1251 | + | HB2352 Enrolled - 35 - LRB103 27717 RPS 54094 b | |
| 1252 | + | ||
| 1253 | + | ||
| 1254 | + | HB2352 Enrolled- 36 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 36 - LRB103 27717 RPS 54094 b | |
| 1255 | + | HB2352 Enrolled - 36 - LRB103 27717 RPS 54094 b | |
| 1256 | + | 1 (d-5) The retirement annuity payable under Article 8 or | |
| 1257 | + | 2 Article 11 to an eligible person subject to subsection (c-5) | |
| 1258 | + | 3 of this Section who is retiring at age 60 with at least 10 | |
| 1259 | + | 4 years of service credit shall be reduced by one-half of 1% for | |
| 1260 | + | 5 each full month that the member's age is under age 65. | |
| 1261 | + | 6 (d-10) Each person who first became a member or | |
| 1262 | + | 7 participant under Article 8 or Article 11 of this Code on or | |
| 1263 | + | 8 after January 1, 2011 and prior to July 6, 2017 (the effective | |
| 1264 | + | 9 date of Public Act 100-23) shall make an irrevocable election | |
| 1265 | + | 10 either: | |
| 1266 | + | 11 (i) to be eligible for the reduced retirement age | |
| 1267 | + | 12 provided in subsections (c-5) and (d-5) of this Section, | |
| 1268 | + | 13 the eligibility for which is conditioned upon the member | |
| 1269 | + | 14 or participant agreeing to the increases in employee | |
| 1270 | + | 15 contributions for age and service annuities provided in | |
| 1271 | + | 16 subsection (a-5) of Section 8-174 of this Code (for | |
| 1272 | + | 17 service under Article 8) or subsection (a-5) of Section | |
| 1273 | + | 18 11-170 of this Code (for service under Article 11); or | |
| 1274 | + | 19 (ii) to not agree to item (i) of this subsection | |
| 1275 | + | 20 (d-10), in which case the member or participant shall | |
| 1276 | + | 21 continue to be subject to the retirement age provisions in | |
| 1277 | + | 22 subsections (c) and (d) of this Section and the employee | |
| 1278 | + | 23 contributions for age and service annuity as provided in | |
| 1279 | + | 24 subsection (a) of Section 8-174 of this Code (for service | |
| 1280 | + | 25 under Article 8) or subsection (a) of Section 11-170 of | |
| 1281 | + | 26 this Code (for service under Article 11). | |
| 1282 | + | ||
| 1283 | + | ||
| 1284 | + | ||
| 1285 | + | ||
| 1286 | + | ||
| 1287 | + | HB2352 Enrolled - 36 - LRB103 27717 RPS 54094 b | |
| 1288 | + | ||
| 1289 | + | ||
| 1290 | + | HB2352 Enrolled- 37 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 37 - LRB103 27717 RPS 54094 b | |
| 1291 | + | HB2352 Enrolled - 37 - LRB103 27717 RPS 54094 b | |
| 1292 | + | 1 The election provided for in this subsection shall be made | |
| 1293 | + | 2 between October 1, 2017 and November 15, 2017. A person | |
| 1294 | + | 3 subject to this subsection who makes the required election | |
| 1295 | + | 4 shall remain bound by that election. A person subject to this | |
| 1296 | + | 5 subsection who fails for any reason to make the required | |
| 1297 | + | 6 election within the time specified in this subsection shall be | |
| 1298 | + | 7 deemed to have made the election under item (ii). | |
| 1299 | + | 8 (d-15) Each person who first becomes a member or | |
| 1300 | + | 9 participant under Article 12 on or after January 1, 2011 and | |
| 1301 | + | 10 prior to January 1, 2022 shall make an irrevocable election | |
| 1302 | + | 11 either: | |
| 1303 | + | 12 (i) to be eligible for the reduced retirement age | |
| 1304 | + | 13 specified in subsections (c) and (d) of this Section, the | |
| 1305 | + | 14 eligibility for which is conditioned upon the member or | |
| 1306 | + | 15 participant agreeing to the increase in employee | |
| 1307 | + | 16 contributions for service annuities specified in | |
| 1308 | + | 17 subsection (b) of Section 12-150; or | |
| 1309 | + | 18 (ii) to not agree to item (i) of this subsection | |
| 1310 | + | 19 (d-15), in which case the member or participant shall not | |
| 1311 | + | 20 be eligible for the reduced retirement age specified in | |
| 1312 | + | 21 subsections (c) and (d) of this Section and shall not be | |
| 1313 | + | 22 subject to the increase in employee contributions for | |
| 1314 | + | 23 service annuities specified in subsection (b) of Section | |
| 1315 | + | 24 12-150. | |
| 1316 | + | 25 The election provided for in this subsection shall be made | |
| 1317 | + | 26 between January 1, 2022 and April 1, 2022. A person subject to | |
| 1318 | + | ||
| 1319 | + | ||
| 1320 | + | ||
| 1321 | + | ||
| 1322 | + | ||
| 1323 | + | HB2352 Enrolled - 37 - LRB103 27717 RPS 54094 b | |
| 1324 | + | ||
| 1325 | + | ||
| 1326 | + | HB2352 Enrolled- 38 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 38 - LRB103 27717 RPS 54094 b | |
| 1327 | + | HB2352 Enrolled - 38 - LRB103 27717 RPS 54094 b | |
| 1328 | + | 1 this subsection who makes the required election shall remain | |
| 1329 | + | 2 bound by that election. A person subject to this subsection | |
| 1330 | + | 3 who fails for any reason to make the required election within | |
| 1331 | + | 4 the time specified in this subsection shall be deemed to have | |
| 1332 | + | 5 made the election under item (ii). | |
| 1333 | + | 6 (e) Any retirement annuity or supplemental annuity shall | |
| 1334 | + | 7 be subject to annual increases on the January 1 occurring | |
| 1335 | + | 8 either on or after the attainment of age 67 (age 65, with | |
| 1336 | + | 9 respect to service under Article 12 that is subject to this | |
| 1337 | + | 10 Section, for a member or participant under Article 12 who | |
| 1338 | + | 11 first becomes a member or participant under Article 12 on or | |
| 1339 | + | 12 after January 1, 2022 or who makes the election under item (i) | |
| 1340 | + | 13 of subsection (d-15); and beginning on July 6, 2017 (the | |
| 1341 | + | 14 effective date of Public Act 100-23), age 65 with respect to | |
| 1342 | + | 15 service under Article 8 or Article 11 for eligible persons | |
| 1343 | + | 16 who: (i) are subject to subsection (c-5) of this Section; or | |
| 1344 | + | 17 (ii) made the election under item (i) of subsection (d-10) of | |
| 1345 | + | 18 this Section) or the first anniversary of the annuity start | |
| 1346 | + | 19 date, whichever is later. Each annual increase shall be | |
| 1347 | + | 20 calculated at 3% or one-half the annual unadjusted percentage | |
| 1348 | + | 21 increase (but not less than zero) in the consumer price | |
| 1349 | + | 22 index-u for the 12 months ending with the September preceding | |
| 1350 | + | 23 each November 1, whichever is less, of the originally granted | |
| 1351 | + | 24 retirement annuity. If the annual unadjusted percentage change | |
| 1352 | + | 25 in the consumer price index-u for the 12 months ending with the | |
| 1353 | + | 26 September preceding each November 1 is zero or there is a | |
| 1354 | + | ||
| 1355 | + | ||
| 1356 | + | ||
| 1357 | + | ||
| 1358 | + | ||
| 1359 | + | HB2352 Enrolled - 38 - LRB103 27717 RPS 54094 b | |
| 1360 | + | ||
| 1361 | + | ||
| 1362 | + | HB2352 Enrolled- 39 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 39 - LRB103 27717 RPS 54094 b | |
| 1363 | + | HB2352 Enrolled - 39 - LRB103 27717 RPS 54094 b | |
| 1364 | + | 1 decrease, then the annuity shall not be increased. | |
| 1365 | + | 2 For the purposes of Section 1-103.1 of this Code, the | |
| 1366 | + | 3 changes made to this Section by Public Act 102-263 are | |
| 1367 | + | 4 applicable without regard to whether the employee was in | |
| 1368 | + | 5 active service on or after August 6, 2021 (the effective date | |
| 1369 | + | 6 of Public Act 102-263). | |
| 1370 | + | 7 For the purposes of Section 1-103.1 of this Code, the | |
| 1371 | + | 8 changes made to this Section by Public Act 100-23 are | |
| 1372 | + | 9 applicable without regard to whether the employee was in | |
| 1373 | + | 10 active service on or after July 6, 2017 (the effective date of | |
| 1374 | + | 11 Public Act 100-23). | |
| 1375 | + | 12 (f) The initial survivor's or widow's annuity of an | |
| 1376 | + | 13 otherwise eligible survivor or widow of a retired member or | |
| 1377 | + | 14 participant who first became a member or participant on or | |
| 1378 | + | 15 after January 1, 2011 shall be in the amount of 66 2/3% of the | |
| 1379 | + | 16 retired member's or participant's retirement annuity at the | |
| 1380 | + | 17 date of death. In the case of the death of a member or | |
| 1381 | + | 18 participant who has not retired and who first became a member | |
| 1382 | + | 19 or participant on or after January 1, 2011, eligibility for a | |
| 1383 | + | 20 survivor's or widow's annuity shall be determined by the | |
| 1384 | + | 21 applicable Article of this Code. The initial benefit shall be | |
| 1385 | + | 22 66 2/3% of the earned annuity without a reduction due to age. A | |
| 1386 | + | 23 child's annuity of an otherwise eligible child shall be in the | |
| 1387 | + | 24 amount prescribed under each Article if applicable. Any | |
| 1388 | + | 25 survivor's or widow's annuity shall be increased (1) on each | |
| 1389 | + | 26 January 1 occurring on or after the commencement of the | |
| 1390 | + | ||
| 1391 | + | ||
| 1392 | + | ||
| 1393 | + | ||
| 1394 | + | ||
| 1395 | + | HB2352 Enrolled - 39 - LRB103 27717 RPS 54094 b | |
| 1396 | + | ||
| 1397 | + | ||
| 1398 | + | HB2352 Enrolled- 40 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 40 - LRB103 27717 RPS 54094 b | |
| 1399 | + | HB2352 Enrolled - 40 - LRB103 27717 RPS 54094 b | |
| 1400 | + | 1 annuity if the deceased member died while receiving a | |
| 1401 | + | 2 retirement annuity or (2) in other cases, on each January 1 | |
| 1402 | + | 3 occurring after the first anniversary of the commencement of | |
| 1403 | + | 4 the annuity. Each annual increase shall be calculated at 3% or | |
| 1404 | + | 5 one-half the annual unadjusted percentage increase (but not | |
| 1405 | + | 6 less than zero) in the consumer price index-u for the 12 months | |
| 1406 | + | 7 ending with the September preceding each November 1, whichever | |
| 1407 | + | 8 is less, of the originally granted survivor's annuity. If the | |
| 1408 | + | 9 annual unadjusted percentage change in the consumer price | |
| 1409 | + | 10 index-u for the 12 months ending with the September preceding | |
| 1410 | + | 11 each November 1 is zero or there is a decrease, then the | |
| 1411 | + | 12 annuity shall not be increased. | |
| 1412 | + | 13 (g) The benefits in Section 14-110 apply only if the | |
| 1413 | + | 14 person is a State policeman, a fire fighter in the fire | |
| 1414 | + | 15 protection service of a department, a conservation police | |
| 1415 | + | 16 officer, an investigator for the Secretary of State, an | |
| 1416 | + | 17 investigator for the Office of the Attorney General, an arson | |
| 1417 | + | 18 investigator, a Commerce Commission police officer, | |
| 1418 | + | 19 investigator for the Department of Revenue or the Illinois | |
| 1419 | + | 20 Gaming Board, a security employee of the Department of | |
| 1420 | + | 21 Corrections or the Department of Juvenile Justice, or a | |
| 1421 | + | 22 security employee of the Department of Innovation and | |
| 1422 | + | 23 Technology, as those terms are defined in subsection (b) and | |
| 1423 | + | 24 subsection (c) of Section 14-110. A person who meets the | |
| 1424 | + | 25 requirements of this Section is entitled to an annuity | |
| 1425 | + | 26 calculated under the provisions of Section 14-110, in lieu of | |
| 1426 | + | ||
| 1427 | + | ||
| 1428 | + | ||
| 1429 | + | ||
| 1430 | + | ||
| 1431 | + | HB2352 Enrolled - 40 - LRB103 27717 RPS 54094 b | |
| 1432 | + | ||
| 1433 | + | ||
| 1434 | + | HB2352 Enrolled- 41 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 41 - LRB103 27717 RPS 54094 b | |
| 1435 | + | HB2352 Enrolled - 41 - LRB103 27717 RPS 54094 b | |
| 1436 | + | 1 the regular or minimum retirement annuity, only if the person | |
| 1437 | + | 2 has withdrawn from service with not less than 20 years of | |
| 1438 | + | 3 eligible creditable service and has attained age 60, | |
| 1439 | + | 4 regardless of whether the attainment of age 60 occurs while | |
| 1440 | + | 5 the person is still in service. | |
| 1441 | + | 6 (h) If a person who first becomes a member or a participant | |
| 1442 | + | 7 of a retirement system or pension fund subject to this Section | |
| 1443 | + | 8 on or after January 1, 2011 is receiving a retirement annuity | |
| 1444 | + | 9 or retirement pension under that system or fund and becomes a | |
| 1445 | + | 10 member or participant under any other system or fund created | |
| 1446 | + | 11 by this Code and is employed on a full-time basis, except for | |
| 1447 | + | 12 those members or participants exempted from the provisions of | |
| 1448 | + | 13 this Section under subsection (a) of this Section, then the | |
| 1449 | + | 14 person's retirement annuity or retirement pension under that | |
| 1450 | + | 15 system or fund shall be suspended during that employment. Upon | |
| 1451 | + | 16 termination of that employment, the person's retirement | |
| 1452 | + | 17 annuity or retirement pension payments shall resume and be | |
| 1453 | + | 18 recalculated if recalculation is provided for under the | |
| 1454 | + | 19 applicable Article of this Code. | |
| 1455 | + | 20 If a person who first becomes a member of a retirement | |
| 1456 | + | 21 system or pension fund subject to this Section on or after | |
| 1457 | + | 22 January 1, 2012 and is receiving a retirement annuity or | |
| 1458 | + | 23 retirement pension under that system or fund and accepts on a | |
| 1459 | + | 24 contractual basis a position to provide services to a | |
| 1460 | + | 25 governmental entity from which he or she has retired, then | |
| 1461 | + | 26 that person's annuity or retirement pension earned as an | |
| 1462 | + | ||
| 1463 | + | ||
| 1464 | + | ||
| 1465 | + | ||
| 1466 | + | ||
| 1467 | + | HB2352 Enrolled - 41 - LRB103 27717 RPS 54094 b | |
| 1468 | + | ||
| 1469 | + | ||
| 1470 | + | HB2352 Enrolled- 42 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 42 - LRB103 27717 RPS 54094 b | |
| 1471 | + | HB2352 Enrolled - 42 - LRB103 27717 RPS 54094 b | |
| 1472 | + | 1 active employee of the employer shall be suspended during that | |
| 1473 | + | 2 contractual service. A person receiving an annuity or | |
| 1474 | + | 3 retirement pension under this Code shall notify the pension | |
| 1475 | + | 4 fund or retirement system from which he or she is receiving an | |
| 1476 | + | 5 annuity or retirement pension, as well as his or her | |
| 1477 | + | 6 contractual employer, of his or her retirement status before | |
| 1478 | + | 7 accepting contractual employment. A person who fails to submit | |
| 1479 | + | 8 such notification shall be guilty of a Class A misdemeanor and | |
| 1480 | + | 9 required to pay a fine of $1,000. Upon termination of that | |
| 1481 | + | 10 contractual employment, the person's retirement annuity or | |
| 1482 | + | 11 retirement pension payments shall resume and, if appropriate, | |
| 1483 | + | 12 be recalculated under the applicable provisions of this Code. | |
| 1484 | + | 13 (i) (Blank). | |
| 1485 | + | 14 (j) In the case of a conflict between the provisions of | |
| 1486 | + | 15 this Section and any other provision of this Code, the | |
| 1487 | + | 16 provisions of this Section shall control. | |
| 1488 | + | 17 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | |
| 1489 | + | 18 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-956, eff. | |
| 1490 | + | 19 5-27-22.) | |
| 1491 | + | 20 (40 ILCS 5/9-169) (from Ch. 108 1/2, par. 9-169) | |
| 1492 | + | 21 Sec. 9-169. Financing; tax Financing - Tax levy and other | |
| 1493 | + | 22 funding sources. | |
| 1494 | + | 23 (a) The county board shall levy a tax annually upon all | |
| 1495 | + | 24 taxable property in the county at the rate that will produce a | |
| 1496 | + | 25 sum which, when added to the amounts deducted from the | |
| 1497 | + | ||
| 1498 | + | ||
| 1499 | + | ||
| 1500 | + | ||
| 1501 | + | ||
| 1502 | + | HB2352 Enrolled - 42 - LRB103 27717 RPS 54094 b | |
| 1503 | + | ||
| 1504 | + | ||
| 1505 | + | HB2352 Enrolled- 43 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 43 - LRB103 27717 RPS 54094 b | |
| 1506 | + | HB2352 Enrolled - 43 - LRB103 27717 RPS 54094 b | |
| 1507 | + | 1 salaries of the employees or otherwise contributed by them is | |
| 1508 | + | 2 sufficient for the requirements of this Article. | |
| 1509 | + | 3 For the years before 1962 the tax rate shall be as provided | |
| 1510 | + | 4 in "The 1925 Act". For the years 1962 and 1963 the tax rate | |
| 1511 | + | 5 shall be not more than .0200 per cent; for the years 1964 and | |
| 1512 | + | 6 1965 the tax rate shall be not more than .0202 per cent; for | |
| 1513 | + | 7 the years 1966 and 1967 the tax rate shall be not more than | |
| 1514 | + | 8 .0207 per cent; for the year 1968 the tax rate shall be not | |
| 1515 | + | 9 more than .0220 per cent; for the year 1969 the tax rate shall | |
| 1516 | + | 10 be not more than .0233 per cent; for the year 1970 the tax rate | |
| 1517 | + | 11 shall be not more than .0255 per cent; for the year 1971 the | |
| 1518 | + | 12 tax rate shall be not more than .0268 per cent of the value, as | |
| 1519 | + | 13 equalized or assessed by the Department of Revenue upon all | |
| 1520 | + | 14 taxable property in the county. Beginning with the year 1972 | |
| 1521 | + | 15 and for each year thereafter the county shall levy a tax | |
| 1522 | + | 16 annually at a rate on the dollar of the value, as equalized or | |
| 1523 | + | 17 assessed by the Department of Revenue of all taxable property | |
| 1524 | + | 18 within the county that will produce, when extended, not to | |
| 1525 | + | 19 exceed an amount equal to the total amount of contributions | |
| 1526 | + | 20 made by the employees to the fund in the calendar year 2 years | |
| 1527 | + | 21 prior to the year for which the annual applicable tax is levied | |
| 1528 | + | 22 multiplied by .8 for the years 1972 through 1976; by .8 for the | |
| 1529 | + | 23 year 1977; by .87 for the year 1978; by .94 for the year 1979; | |
| 1530 | + | 24 by 1.02 for the year 1980 and by 1.10 for the year 1981 and by | |
| 1531 | + | 25 1.18 for the year 1982 and by 1.36 for the year 1983 and by | |
| 1532 | + | 26 1.54 for the year 1984 and for each year thereafter. | |
| 1533 | + | ||
| 1534 | + | ||
| 1535 | + | ||
| 1536 | + | ||
| 1537 | + | ||
| 1538 | + | HB2352 Enrolled - 43 - LRB103 27717 RPS 54094 b | |
| 1539 | + | ||
| 1540 | + | ||
| 1541 | + | HB2352 Enrolled- 44 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 44 - LRB103 27717 RPS 54094 b | |
| 1542 | + | HB2352 Enrolled - 44 - LRB103 27717 RPS 54094 b | |
| 1543 | + | 1 This tax shall be levied and collected in like manner with | |
| 1544 | + | 2 the general taxes of the county, and shall be in addition to | |
| 1545 | + | 3 all other taxes which the county is authorized to levy upon the | |
| 1546 | + | 4 aggregate valuation of all taxable property within the county | |
| 1547 | + | 5 and shall be exclusive of and in addition to the amount of tax | |
| 1548 | + | 6 the county is authorized to levy for general purposes under | |
| 1549 | + | 7 any laws which may limit the amount of tax which the county may | |
| 1550 | + | 8 levy for general purposes. The county clerk, in reducing tax | |
| 1551 | + | 9 levies under any Act concerning the levy and extension of | |
| 1552 | + | 10 taxes, shall not consider this tax as a part of the general tax | |
| 1553 | + | 11 levy for county purposes, and shall not include it within any | |
| 1554 | + | 12 limitation of the per cent of the assessed valuation upon | |
| 1555 | + | 13 which taxes are required to be extended for the county. It is | |
| 1556 | + | 14 lawful to extend this tax in addition to the general county | |
| 1557 | + | 15 rate fixed by statute, without being authorized as additional | |
| 1558 | + | 16 by a vote of the people of the county. | |
| 1559 | + | 17 Revenues derived from this tax shall be paid to the | |
| 1560 | + | 18 treasurer of the county and held by the treasurer him for the | |
| 1561 | + | 19 benefit of the fund. | |
| 1562 | + | 20 If the payments on account of taxes are insufficient | |
| 1563 | + | 21 during any year to meet the requirements of this Article, the | |
| 1564 | + | 22 county may issue tax anticipation warrants against the current | |
| 1565 | + | 23 tax levy. | |
| 1566 | + | 24 (b) By January 10, annually, the board shall notify the | |
| 1567 | + | 25 county board of the requirement of this Article that this tax | |
| 1568 | + | 26 shall be levied. The board shall make an annual determination | |
| 1569 | + | ||
| 1570 | + | ||
| 1571 | + | ||
| 1572 | + | ||
| 1573 | + | ||
| 1574 | + | HB2352 Enrolled - 44 - LRB103 27717 RPS 54094 b | |
| 1575 | + | ||
| 1576 | + | ||
| 1577 | + | HB2352 Enrolled- 45 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 45 - LRB103 27717 RPS 54094 b | |
| 1578 | + | HB2352 Enrolled - 45 - LRB103 27717 RPS 54094 b | |
| 1579 | + | 1 of the required county contributions, and shall certify the | |
| 1580 | + | 2 results thereof to the county board. | |
| 1581 | + | 3 (c) Beginning in the year 2024, the county's minimum | |
| 1582 | + | 4 required employer contribution as provided in Section 9-169.2 | |
| 1583 | + | 5 shall be paid with the portion of the tax levy as provided in | |
| 1584 | + | 6 subsection (a) of this Section and any other lawfully | |
| 1585 | + | 7 available funds of the county. The county shall disburse to | |
| 1586 | + | 8 and deposit with the county treasurer on a monthly basis | |
| 1587 | + | 9 beginning no later than the December 31 preceding the | |
| 1588 | + | 10 beginning of the Fund's fiscal year 1/12 of the balance of what | |
| 1589 | + | 11 is not paid under subsection (a), for the benefit of the Fund, | |
| 1590 | + | 12 to be held in accordance with this Article. This amount, | |
| 1591 | + | 13 together with such real estate taxes as are specifically | |
| 1592 | + | 14 levied under this Section for that year, shall not be less than | |
| 1593 | + | 15 the amount of the minimum required employer contribution for | |
| 1594 | + | 16 that year as certified by the Fund to the county board. The | |
| 1595 | + | 17 deposit may be derived from any source otherwise legally | |
| 1596 | + | 18 available to the county for that purpose, including, but not | |
| 1597 | + | 19 limited to, home rule taxes. The making of a deposit shall | |
| 1598 | + | 20 satisfy the requirements of this Section for that year to the | |
| 1599 | + | 21 extent of the amounts so deposited. Amounts deposited under | |
| 1600 | + | 22 this subsection may be used by the Fund for any of the purposes | |
| 1601 | + | 23 for which the proceeds of real estate taxes levied by the | |
| 1602 | + | 24 county under this Section may otherwise be used, including the | |
| 1603 | + | 25 payment of any amount that is otherwise required by this | |
| 1604 | + | 26 Article to be paid from the proceeds of that tax. If the | |
| 1605 | + | ||
| 1606 | + | ||
| 1607 | + | ||
| 1608 | + | ||
| 1609 | + | ||
| 1610 | + | HB2352 Enrolled - 45 - LRB103 27717 RPS 54094 b | |
| 1611 | + | ||
| 1612 | + | ||
| 1613 | + | HB2352 Enrolled- 46 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 46 - LRB103 27717 RPS 54094 b | |
| 1614 | + | HB2352 Enrolled - 46 - LRB103 27717 RPS 54094 b | |
| 1615 | + | 1 county, before the effective date of this amendatory Act of | |
| 1616 | + | 2 the 103rd General Assembly, made a contribution or agreed to | |
| 1617 | + | 3 make a contribution to the Fund from sources other than real | |
| 1618 | + | 4 estate taxes, this paragraph confirms the validity of or | |
| 1619 | + | 5 ratifies such contribution or agreement, and neither the | |
| 1620 | + | 6 county nor any of its officers or employees shall be required | |
| 1621 | + | 7 to answer for such contribution or agreement in any court. The | |
| 1622 | + | 8 various sums to be contributed by the county board and | |
| 1623 | + | 9 allocated for the purposes of this Article and any interest to | |
| 1624 | + | 10 be contributed by the county shall be taken from the revenue | |
| 1625 | + | 11 derived from this tax and no money of the county derived from | |
| 1626 | + | 12 any source other than the levy and collection of this tax or | |
| 1627 | + | 13 the sale of tax anticipation warrants, except state or federal | |
| 1628 | + | 14 funds contributed for annuity and benefit purposes for | |
| 1629 | + | 15 employees of a county department of public aid under "The | |
| 1630 | + | 16 Illinois Public Aid Code", approved April 11, 1967, as now or | |
| 1631 | + | 17 hereafter amended, may be used to provide revenue for the | |
| 1632 | + | 18 fund. | |
| 1633 | + | 19 If it is not possible or practicable for the county to make | |
| 1634 | + | 20 contributions for age and service annuity and widow's annuity | |
| 1635 | + | 21 concurrently with the employee contributions made for such | |
| 1636 | + | 22 purposes, such county shall make such contributions as soon as | |
| 1637 | + | 23 possible and practicable thereafter with interest thereon at | |
| 1638 | + | 24 the effective rate until the time it shall be made. | |
| 1639 | + | 25 (d) With respect to employees whose wages are funded as | |
| 1640 | + | 26 participants under the Comprehensive Employment and Training | |
| 1641 | + | ||
| 1642 | + | ||
| 1643 | + | ||
| 1644 | + | ||
| 1645 | + | ||
| 1646 | + | HB2352 Enrolled - 46 - LRB103 27717 RPS 54094 b | |
| 1647 | + | ||
| 1648 | + | ||
| 1649 | + | HB2352 Enrolled- 47 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 47 - LRB103 27717 RPS 54094 b | |
| 1650 | + | HB2352 Enrolled - 47 - LRB103 27717 RPS 54094 b | |
| 1651 | + | 1 Act of 1973, as amended (P.L. 93-203, 87 Stat. 839, P.L. | |
| 1652 | + | 2 93-567, 88 Stat. 1845), hereinafter referred to as CETA, | |
| 1653 | + | 3 subsequent to October 1, 1978, and in instances where the | |
| 1654 | + | 4 board has elected to establish a manpower program reserve, the | |
| 1655 | + | 5 board shall compute the amounts necessary to be credited to | |
| 1656 | + | 6 the manpower program reserves established and maintained as | |
| 1657 | + | 7 herein provided, and shall make a periodic determination of | |
| 1658 | + | 8 the amount of required contributions from the County to the | |
| 1659 | + | 9 reserve to be reimbursed by the federal government in | |
| 1660 | + | 10 accordance with rules and regulations established by the | |
| 1661 | + | 11 Secretary of the United States Department of Labor or his | |
| 1662 | + | 12 designee, and certify the results thereof to the County Board. | |
| 1663 | + | 13 Any such amounts shall become a credit to the County and will | |
| 1664 | + | 14 be used to reduce the amount which the County would otherwise | |
| 1665 | + | 15 contribute during succeeding years for all employees. | |
| 1666 | + | 16 (e) In lieu of establishing a manpower program reserve | |
| 1667 | + | 17 with respect to employees whose wages are funded as | |
| 1668 | + | 18 participants under the Comprehensive Employment and Training | |
| 1669 | + | 19 Act of 1973, as authorized by subsection (d), the board may | |
| 1670 | + | 20 elect to establish a special County contribution rate for all | |
| 1671 | + | 21 such employees. If this option is elected, the County shall | |
| 1672 | + | 22 contribute to the Fund from federal funds provided under the | |
| 1673 | + | 23 Comprehensive Employment and Training Act program at the | |
| 1674 | + | 24 special rate so established and such contributions shall | |
| 1675 | + | 25 become a credit to the County and be used to reduce the amount | |
| 1676 | + | 26 which the County would otherwise contribute during succeeding | |
| 1677 | + | ||
| 1678 | + | ||
| 1679 | + | ||
| 1680 | + | ||
| 1681 | + | ||
| 1682 | + | HB2352 Enrolled - 47 - LRB103 27717 RPS 54094 b | |
| 1683 | + | ||
| 1684 | + | ||
| 1685 | + | HB2352 Enrolled- 48 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 48 - LRB103 27717 RPS 54094 b | |
| 1686 | + | HB2352 Enrolled - 48 - LRB103 27717 RPS 54094 b | |
| 1687 | + | 1 years for all employees. | |
| 1688 | + | 2 (Source: P.A. 95-369, eff. 8-23-07.) | |
| 1689 | + | 3 (40 ILCS 5/9-169.1 new) | |
| 1690 | + | 4 Sec. 9-169.1. Annual actuarial report. The retirement | |
| 1691 | + | 5 board shall retain an actuary who is a member in good standing | |
| 1692 | + | 6 of the American Academy of Actuaries to produce an annual | |
| 1693 | + | 7 actuarial report of the Fund. The annual actuarial report | |
| 1694 | + | 8 shall include, but not be limited to: (1) a statement of the | |
| 1695 | + | 9 minimum required contribution, the actuarial value of the | |
| 1696 | + | 10 Fund's assets as projected over at least 30 years' time, and | |
| 1697 | + | 11 the actuarial value of the Fund's liabilities as projected | |
| 1698 | + | 12 over the same period of time; and (2) the minimum required | |
| 1699 | + | 13 employer contribution, as determined under Section 9-169.2, | |
| 1700 | + | 14 for the second year immediately following the year ending on | |
| 1701 | + | 15 the valuation date upon which the annual actuarial report is | |
| 1702 | + | 16 based. | |
| 1703 | + | 17 The annual actuarial report may be prepared as part of the | |
| 1704 | + | 18 annual audit required under Section 9-195. The annual | |
| 1705 | + | 19 actuarial report shall be reviewed and formally adopted by the | |
| 1706 | + | 20 retirement board and shall be included in the annual report | |
| 1707 | + | 21 that is required to be submitted to the county in July of each | |
| 1708 | + | 22 year under Section 9-199. | |
| 1709 | + | 23 In this Section, "valuation date" means the date that the | |
| 1710 | + | 24 value of the assets and liabilities of the Fund is based on in | |
| 1711 | + | 25 the annual actuarial report. | |
| 1712 | + | ||
| 1713 | + | ||
| 1714 | + | ||
| 1715 | + | ||
| 1716 | + | ||
| 1717 | + | HB2352 Enrolled - 48 - LRB103 27717 RPS 54094 b | |
| 1718 | + | ||
| 1719 | + | ||
| 1720 | + | HB2352 Enrolled- 49 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 49 - LRB103 27717 RPS 54094 b | |
| 1721 | + | HB2352 Enrolled - 49 - LRB103 27717 RPS 54094 b | |
| 1722 | + | 1 (40 ILCS 5/9-169.2 new) | |
| 1723 | + | 2 Sec. 9-169.2. Minimum required employer contribution. The | |
| 1724 | + | 3 minimum required employer contribution for a specified year, | |
| 1725 | + | 4 as set forth in the annual actuarial report required under | |
| 1726 | + | 5 Section 9-169.1, shall be the amount determined by the Fund's | |
| 1727 | + | 6 actuary to be equal to the sum of: (i) the projected normal | |
| 1728 | + | 7 cost for pensions for that fiscal year based on the entry age | |
| 1729 | + | 8 actuarial cost method, plus (ii) a projected unfunded | |
| 1730 | + | 9 actuarial accrued liability amortization payment for pensions | |
| 1731 | + | 10 for the fiscal year, plus (iii) projected expenses for that | |
| 1732 | + | 11 fiscal year, plus (iv) interest to adjust for payment pattern | |
| 1733 | + | 12 during the fiscal year, less (v) projected employee | |
| 1734 | + | 13 contributions for that fiscal year. | |
| 1735 | + | 14 The minimum required employer contribution for the next | |
| 1736 | + | 15 year shall be submitted annually by the county on or before | |
| 1737 | + | 16 June 14 of each year unless another time frame is agreed upon | |
| 1738 | + | 17 by the county and the Fund. | |
| 1739 | + | 18 For the purposes of this Section: | |
| 1740 | + | 19 "5-Year smoothed actuarial value of assets" means the | |
| 1741 | + | 20 value of assets as determined by a method that spreads the | |
| 1742 | + | 21 effect of each year's investment return in excess of or below | |
| 1743 | + | 22 the expected return. | |
| 1744 | + | 23 "Entry age actuarial cost method" means a method of | |
| 1745 | + | 24 determining the normal cost and is determined as a level | |
| 1746 | + | 25 percentage of pay that, if paid from entry age to the assumed | |
| 1747 | + | ||
| 1748 | + | ||
| 1749 | + | ||
| 1750 | + | ||
| 1751 | + | ||
| 1752 | + | HB2352 Enrolled - 49 - LRB103 27717 RPS 54094 b | |
| 1753 | + | ||
| 1754 | + | ||
| 1755 | + | HB2352 Enrolled- 50 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 50 - LRB103 27717 RPS 54094 b | |
| 1756 | + | HB2352 Enrolled - 50 - LRB103 27717 RPS 54094 b | |
| 1757 | + | 1 retirement age, assuming all the actuarial assumptions are | |
| 1758 | + | 2 exactly met by experience and no changes in assumptions or | |
| 1759 | + | 3 benefit provisions, would accumulate to a fund sufficient to | |
| 1760 | + | 4 pay all benefits provided by the Fund. | |
| 1761 | + | 5 "Layered amortization" means a technique that separately | |
| 1762 | + | 6 layers the different components of the unfunded actuarial | |
| 1763 | + | 7 accrued liabilities to be amortized over a fixed period not to | |
| 1764 | + | 8 exceed 30 years. | |
| 1765 | + | 9 "Projected expenses" means the projected administrative | |
| 1766 | + | 10 expenses for the cost of administrating the Fund. | |
| 1767 | + | 11 "Projected normal costs for pensions" means the cost of | |
| 1768 | + | 12 the benefits that accrue during the year for active members | |
| 1769 | + | 13 under the entry age actuarial cost method. | |
| 1770 | + | 14 "Unfunded actuarial accrued liability amortization | |
| 1771 | + | 15 payment" means the annual contribution equal to the difference | |
| 1772 | + | 16 between the values of assets and the accrued liabilities of | |
| 1773 | + | 17 the plan, calculated by an actuary, needed to amortize the | |
| 1774 | + | 18 Fund's liabilities over a period of 30 years starting in 2017, | |
| 1775 | + | 19 with layered amortization of the Fund's unexpected unfunded | |
| 1776 | + | 20 actuarial accrued liability amortization payment following | |
| 1777 | + | 21 2017 in periods of 30 years, with amortization payments | |
| 1778 | + | 22 increasing 2% per year, and reflecting a discount rate for all | |
| 1779 | + | 23 liabilities consistent with the assumed investment rate of | |
| 1780 | + | 24 return on fund assets and a 5-year smoothed actuarial value of | |
| 1781 | + | 25 assets. | |
| 1782 | + | ||
| 1783 | + | ||
| 1784 | + | ||
| 1785 | + | ||
| 1786 | + | ||
| 1787 | + | HB2352 Enrolled - 50 - LRB103 27717 RPS 54094 b | |
| 1788 | + | ||
| 1789 | + | ||
| 1790 | + | HB2352 Enrolled- 51 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 51 - LRB103 27717 RPS 54094 b | |
| 1791 | + | HB2352 Enrolled - 51 - LRB103 27717 RPS 54094 b | |
| 1792 | + | 1 (40 ILCS 5/9-179.1) (from Ch. 108 1/2, par. 9-179.1) | |
| 1793 | + | 2 Sec. 9-179.1. Military service. A contributing employee as | |
| 1794 | + | 3 of January 1, 1993 with at least 25 years of service credit may | |
| 1795 | + | 4 apply for creditable service for up to 2 years of military | |
| 1796 | + | 5 service whether or not the military service followed service | |
| 1797 | + | 6 as a county employee. The military service need not have been | |
| 1798 | + | 7 served in wartime, but the employee must not have been | |
| 1799 | + | 8 dishonorably discharged. To establish this creditable service | |
| 1800 | + | 9 the applicant must pay to the Fund, while in the service of the | |
| 1801 | + | 10 county, an amount determined by the Fund to represent the | |
| 1802 | + | 11 employee contributions for the creditable service established, | |
| 1803 | + | 12 based on the employee's rate of compensation on his or her last | |
| 1804 | + | 13 day as a contributor before the military service, or on his or | |
| 1805 | + | 14 her first day as a contributor after the military service, | |
| 1806 | + | 15 whichever is greater, plus interest at the effective rate from | |
| 1807 | + | 16 the date of discharge to the date of payment. If a person who | |
| 1808 | + | 17 has established any credit under this Section applies for or | |
| 1809 | + | 18 receives any early retirement incentive under Section 9-134.2, | |
| 1810 | + | 19 the credit under this Section shall be forfeited and the | |
| 1811 | + | 20 amount paid to the Fund under this Section shall be refunded. | |
| 1812 | + | 21 (Source: P.A. 87-1265.) | |
| 1813 | + | 22 (40 ILCS 5/9-184) (from Ch. 108 1/2, par. 9-184) | |
| 1814 | + | 23 Sec. 9-184. Estimates of sums required for certain | |
| 1815 | + | 24 annuities and benefits. The board shall estimate and itemize | |
| 1816 | + | 25 the amounts required each year to pay for all annuities, each | |
| 1817 | + | ||
| 1818 | + | ||
| 1819 | + | ||
| 1820 | + | ||
| 1821 | + | ||
| 1822 | + | HB2352 Enrolled - 51 - LRB103 27717 RPS 54094 b | |
| 1823 | + | ||
| 1824 | + | ||
| 1825 | + | HB2352 Enrolled- 52 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 52 - LRB103 27717 RPS 54094 b | |
| 1826 | + | HB2352 Enrolled - 52 - LRB103 27717 RPS 54094 b | |
| 1827 | + | 1 benefit category, and benefits and administrative expenses | |
| 1828 | + | 2 associated with this Article, by way of a written report and | |
| 1829 | + | 3 request to the County Board of Commissioners. The amounts | |
| 1830 | + | 4 shall be paid into the fund annually by the county as provided | |
| 1831 | + | 5 in Section 9-169 from the prescribed tax levy. | |
| 1832 | + | 6 (Source: Laws 1963, p. 161.) | |
| 1833 | + | 7 (40 ILCS 5/9-185) (from Ch. 108 1/2, par. 9-185) | |
| 1834 | + | 8 Sec. 9-185. Board created. | |
| 1835 | + | 9 (a) A board of 9 members shall constitute the board of | |
| 1836 | + | 10 trustees authorized to carry out the provisions of this | |
| 1837 | + | 11 Article. The board of trustees shall be known as "The | |
| 1838 | + | 12 Retirement Board of the County Employees' Annuity and Benefit | |
| 1839 | + | 13 Fund of .... County". The board shall consist of 2 members | |
| 1840 | + | 14 appointed and 7 members elected as hereinafter prescribed. | |
| 1841 | + | 15 (b) The appointed members shall be appointed as follows: | |
| 1842 | + | 16 One member shall be appointed by the comptroller of such | |
| 1843 | + | 17 county, who may be the comptroller or some person chosen by the | |
| 1844 | + | 18 comptroller him from among employees of the county, who are | |
| 1845 | + | 19 versed in the affairs of the comptroller's office; and one | |
| 1846 | + | 20 member shall be appointed by the treasurer of such county, who | |
| 1847 | + | 21 may be the treasurer or some person chosen by the treasurer him | |
| 1848 | + | 22 from among employees of the County who are versed in the | |
| 1849 | + | 23 affairs of the treasurer's office. | |
| 1850 | + | 24 The member appointed by the comptroller shall hold office | |
| 1851 | + | 25 for a term ending on December 1st of the first year following | |
| 1852 | + | ||
| 1853 | + | ||
| 1854 | + | ||
| 1855 | + | ||
| 1856 | + | ||
| 1857 | + | HB2352 Enrolled - 52 - LRB103 27717 RPS 54094 b | |
| 1858 | + | ||
| 1859 | + | ||
| 1860 | + | HB2352 Enrolled- 53 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 53 - LRB103 27717 RPS 54094 b | |
| 1861 | + | HB2352 Enrolled - 53 - LRB103 27717 RPS 54094 b | |
| 1862 | + | 1 the year of appointment. The member appointed by the county | |
| 1863 | + | 2 treasurer shall hold office for a term ending on December 1st | |
| 1864 | + | 3 of the second year following the year of appointment. | |
| 1865 | + | 4 Thereafter, each appointed member shall be appointed by | |
| 1866 | + | 5 the officer that appointed the his predecessor for a term of 2 | |
| 1867 | + | 6 years. | |
| 1868 | + | 7 (c) Three county employee members of the board shall be | |
| 1869 | + | 8 elected as follows: within 30 days from and after the date upon | |
| 1870 | + | 9 which this Article comes into effect in the county, the clerk | |
| 1871 | + | 10 of the county shall arrange for and hold an election. One | |
| 1872 | + | 11 employee shall be elected for a term ending on the first day in | |
| 1873 | + | 12 the month of December of the first year next following the | |
| 1874 | + | 13 effective date; one for a term ending on December 1st of the | |
| 1875 | + | 14 following year; and one for a term ending December 1st of the | |
| 1876 | + | 15 second following year. | |
| 1877 | + | 16 (d) Beginning December 1, 1988, and every 3 years | |
| 1878 | + | 17 thereafter, an annuitant member of the board shall be elected | |
| 1879 | + | 18 as follows: the board shall arrange for and hold an election in | |
| 1880 | + | 19 which only those participants who are currently receiving | |
| 1881 | + | 20 retirement benefits under this Article shall be eligible to | |
| 1882 | + | 21 vote and be elected. Each such member shall be elected to a | |
| 1883 | + | 22 term ending on the first day in the month of December of the | |
| 1884 | + | 23 third following year. | |
| 1885 | + | 24 (d-1) Beginning December 1, 2001, and every 3 years | |
| 1886 | + | 25 thereafter, an annuitant member of the board shall be elected | |
| 1887 | + | 26 as follows: the board shall arrange for and hold an election in | |
| 1888 | + | ||
| 1889 | + | ||
| 1890 | + | ||
| 1891 | + | ||
| 1892 | + | ||
| 1893 | + | HB2352 Enrolled - 53 - LRB103 27717 RPS 54094 b | |
| 1894 | + | ||
| 1895 | + | ||
| 1896 | + | HB2352 Enrolled- 54 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 54 - LRB103 27717 RPS 54094 b | |
| 1897 | + | HB2352 Enrolled - 54 - LRB103 27717 RPS 54094 b | |
| 1898 | + | 1 which only those participants who are currently receiving | |
| 1899 | + | 2 retirement benefits under this Article shall be eligible to | |
| 1900 | + | 3 vote and be elected. Each such member shall be elected to a | |
| 1901 | + | 4 term ending on the first day in the month of December of the | |
| 1902 | + | 5 third following year. Until December 1, 2001, the position | |
| 1903 | + | 6 created under this subsection (d-1) may be filled by the board | |
| 1904 | + | 7 as in the case of a vacancy. | |
| 1905 | + | 8 (e) Beginning December 1, 1988, if a Forest Preserve | |
| 1906 | + | 9 District Employees' Annuity and Benefit Fund shall be in force | |
| 1907 | + | 10 in such county and the board of this fund is charged with | |
| 1908 | + | 11 administering the affairs of such annuity and benefit fund for | |
| 1909 | + | 12 employees of such forest preserve district, a forest preserve | |
| 1910 | + | 13 district member of the board shall be elected as of December 1, | |
| 1911 | + | 14 1988, and every 3 years thereafter as follows: the board shall | |
| 1912 | + | 15 arrange for and hold an election in which only those employees | |
| 1913 | + | 16 of such forest preserve district who are contributors to the | |
| 1914 | + | 17 annuity and benefit fund for employees of such forest preserve | |
| 1915 | + | 18 district shall be eligible to vote and be elected. Each such | |
| 1916 | + | 19 member shall be elected to a term ending on the first day in | |
| 1917 | + | 20 the month of December of the third following year. | |
| 1918 | + | 21 (f) Beginning December 1, 2001, and every 3 years | |
| 1919 | + | 22 thereafter, if a Forest Preserve District Employees' Annuity | |
| 1920 | + | 23 and Benefit Fund is in force in the county and the board of | |
| 1921 | + | 24 this Fund is charged with administering the affairs of that | |
| 1922 | + | 25 annuity and benefit fund for employees of the forest preserve | |
| 1923 | + | 26 district, a forest preserve district annuitant member of the | |
| 1924 | + | ||
| 1925 | + | ||
| 1926 | + | ||
| 1927 | + | ||
| 1928 | + | ||
| 1929 | + | HB2352 Enrolled - 54 - LRB103 27717 RPS 54094 b | |
| 1930 | + | ||
| 1931 | + | ||
| 1932 | + | HB2352 Enrolled- 55 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 55 - LRB103 27717 RPS 54094 b | |
| 1933 | + | HB2352 Enrolled - 55 - LRB103 27717 RPS 54094 b | |
| 1934 | + | 1 board shall be elected as follows: the board shall arrange for | |
| 1935 | + | 2 and hold an election in which only those participants who are | |
| 1936 | + | 3 currently receiving retirement benefits under Article 10 shall | |
| 1937 | + | 4 be eligible to vote and be elected. Each such member shall be | |
| 1938 | + | 5 elected to a term ending on the first day in the month of | |
| 1939 | + | 6 December of the third following year. Until December 1, 2001, | |
| 1940 | + | 7 the position created under this subsection (f) may be filled | |
| 1941 | + | 8 by the board as in the case of a vacancy. | |
| 1942 | + | 9 (Source: P.A. 92-66, eff. 7-12-01.) | |
| 1943 | + | 10 (40 ILCS 5/9-195) (from Ch. 108 1/2, par. 9-195) | |
| 1944 | + | 11 Sec. 9-195. To have an audit. To have an audit of the | |
| 1945 | + | 12 accounts of the fund made at least once each year by certified | |
| 1946 | + | 13 public accountants. The audit may include the preparation of | |
| 1947 | + | 14 the annual actuarial report required under Section 9-169.1. | |
| 1948 | + | 15 (Source: Laws 1963, p. 161.) | |
| 1949 | + | 16 (40 ILCS 5/9-199) (from Ch. 108 1/2, par. 9-199) | |
| 1950 | + | 17 Sec. 9-199. To submit an annual report. To submit a report | |
| 1951 | + | 18 in July of each year to the county board of the county as of | |
| 1952 | + | 19 the close of business on December 31st of the preceding year. | |
| 1953 | + | 20 The report shall contain a detailed statement of the affairs | |
| 1954 | + | 21 of the fund, its income and expenditures, and assets and | |
| 1955 | + | 22 liabilities, and it shall include the annual actuarial report | |
| 1956 | + | 23 required under Section 9-169.1. The county board shall have | |
| 1957 | + | 24 power to require and compel the retirement board to prepare | |
| 1958 | + | ||
| 1959 | + | ||
| 1960 | + | ||
| 1961 | + | ||
| 1962 | + | ||
| 1963 | + | HB2352 Enrolled - 55 - LRB103 27717 RPS 54094 b | |
| 1964 | + | ||
| 1965 | + | ||
| 1966 | + | HB2352 Enrolled- 56 -LRB103 27717 RPS 54094 b HB2352 Enrolled - 56 - LRB103 27717 RPS 54094 b | |
| 1967 | + | HB2352 Enrolled - 56 - LRB103 27717 RPS 54094 b | |
| 1968 | + | 1 and submit such reports. | |
| 1969 | + | 2 (Source: P.A. 95-369, eff. 8-23-07.) | |
| 1970 | + | 3 (40 ILCS 5/9-240 new) | |
| 1971 | + | 4 Sec. 9-240. Group health benefit funding. Beginning on the | |
| 1972 | + | 5 effective date of this amendatory Act of the 103rd General | |
| 1973 | + | 6 Assembly, the county shall be notified by June 14 of each year | |
| 1974 | + | 7 of the proposed costs of any such payments allocated by the | |
| 1975 | + | 8 Fund for all or any portion of the total health premium paid by | |
| 1976 | + | 9 the Fund pursuant to Section 9-239. | |
| 1977 | + | 10 Section 90. The State Mandates Act is amended by adding | |
| 1978 | + | 11 Section 8.47 as follows: | |
| 1979 | + | 12 (30 ILCS 805/8.47 new) | |
| 1980 | + | 13 Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | |
| 1981 | + | 14 8 of this Act, no reimbursement by the State is required for | |
| 1982 | + | 15 the implementation of any mandate created by this amendatory | |
| 1983 | + | 16 Act of the 103rd General Assembly. | |
| 1984 | + | ||
| 1985 | + | ||
| 1986 | + | ||
| 1987 | + | ||
| 1988 | + | ||
| 1989 | + | HB2352 Enrolled - 56 - LRB103 27717 RPS 54094 b |