Illinois 2023-2024 Regular Session

Illinois House Bill HB4508 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB4508 EngrossedLRB103 36501 RPS 66607 b HB4508 Engrossed LRB103 36501 RPS 66607 b
2		-	HB4508 Engrossed LRB103 36501 RPS 66607 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4508 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 40 ILCS 5/3-144.3 new40 ILCS 5/15-135 from Ch. 108 1/2, par. 15-13540 ILCS 5/15-19830 ILCS 805/8.48 new Amends the Illinois Pension Code. Provides that the Retirement Systems Reciprocal Act (Article 20 of the Code) is adopted and made a part of the Downstate Police Article, but only with respect to a person who, on or after the effective date of the amendatory Act, is entitled under those Articles or through a participating system under the Retirement Systems Reciprocal Act to begin receiving a retirement annuity or survivor's annuity and who elects to proceed under the Retirement Systems Reciprocal Act. In the State Universities Article, provides that a Tier 2 member who has at least 20 years of service in the System as a police officer is entitled to a retirement annuity upon written application on or after the attainment of age 55 (instead of age 60) if a specified rule is applicable to the participant. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the State Mandates Act to require implementation without reimbursement. LRB103 36501 RPS 66607 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4508 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 40 ILCS 5/3-144.3 new40 ILCS 5/15-135 from Ch. 108 1/2, par. 15-13540 ILCS 5/15-19830 ILCS 805/8.48 new 40 ILCS 5/3-144.3 new 40 ILCS 5/15-135 from Ch. 108 1/2, par. 15-135 40 ILCS 5/15-198 30 ILCS 805/8.48 new Amends the Illinois Pension Code. Provides that the Retirement Systems Reciprocal Act (Article 20 of the Code) is adopted and made a part of the Downstate Police Article, but only with respect to a person who, on or after the effective date of the amendatory Act, is entitled under those Articles or through a participating system under the Retirement Systems Reciprocal Act to begin receiving a retirement annuity or survivor's annuity and who elects to proceed under the Retirement Systems Reciprocal Act. In the State Universities Article, provides that a Tier 2 member who has at least 20 years of service in the System as a police officer is entitled to a retirement annuity upon written application on or after the attainment of age 55 (instead of age 60) if a specified rule is applicable to the participant. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the State Mandates Act to require implementation without reimbursement. LRB103 36501 RPS 66607 b LRB103 36501 RPS 66607 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4508 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
	3	+	40 ILCS 5/3-144.3 new40 ILCS 5/15-135 from Ch. 108 1/2, par. 15-13540 ILCS 5/15-19830 ILCS 805/8.48 new 40 ILCS 5/3-144.3 new 40 ILCS 5/15-135 from Ch. 108 1/2, par. 15-135 40 ILCS 5/15-198 30 ILCS 805/8.48 new
	4	+	40 ILCS 5/3-144.3 new
	5	+	40 ILCS 5/15-135 from Ch. 108 1/2, par. 15-135
	6	+	40 ILCS 5/15-198
	7	+	30 ILCS 805/8.48 new
	8	+	Amends the Illinois Pension Code. Provides that the Retirement Systems Reciprocal Act (Article 20 of the Code) is adopted and made a part of the Downstate Police Article, but only with respect to a person who, on or after the effective date of the amendatory Act, is entitled under those Articles or through a participating system under the Retirement Systems Reciprocal Act to begin receiving a retirement annuity or survivor's annuity and who elects to proceed under the Retirement Systems Reciprocal Act. In the State Universities Article, provides that a Tier 2 member who has at least 20 years of service in the System as a police officer is entitled to a retirement annuity upon written application on or after the attainment of age 55 (instead of age 60) if a specified rule is applicable to the participant. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the State Mandates Act to require implementation without reimbursement.
	9	+	LRB103 36501 RPS 66607 b LRB103 36501 RPS 66607 b
	10	+	LRB103 36501 RPS 66607 b
	11	+	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
	12	+	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
	13	+	A BILL FOR
	14	+	HB4508LRB103 36501 RPS 66607 b HB4508 LRB103 36501 RPS 66607 b
	15	+	HB4508 LRB103 36501 RPS 66607 b
3	16		1 AN ACT concerning public employee benefits.
4	17		2 Be it enacted by the People of the State of Illinois,
5	18		3 represented in the General Assembly:
6	19		4 Section 5. The Illinois Pension Code is amended by
7		-	5 changing Sections 15-135 and 15-198 as follows:
8		-	6 (40 ILCS 5/15-135) (from Ch. 108 1/2, par. 15-135)
9		-	7 Sec. 15-135. Retirement annuities; conditions.
10		-	8 (a) This subsection (a) applies only to a Tier 1 member. A
11		-	9 participant who retires in one of the following specified
12		-	10 years with the specified amount of service is entitled to a
13		-	11 retirement annuity at any age under the retirement program
14		-	12 applicable to the participant:
15		-	13 35 years if retirement is in 1997 or before;
16		-	14 34 years if retirement is in 1998;
17		-	15 33 years if retirement is in 1999;
18		-	16 32 years if retirement is in 2000;
19		-	17 31 years if retirement is in 2001;
20		-	18 30 years if retirement is in 2002 or later.
21		-	19 A participant with 8 or more years of service after
22		-	20 September 1, 1941, is entitled to a retirement annuity on or
23		-	21 after attainment of age 55.
24		-	22 A participant with at least 5 but less than 8 years of
25		-	23 service after September 1, 1941, is entitled to a retirement
	20	+	5 changing Sections 15-135 and 15-198 and by adding Section
	21	+	6 3-144.3 as follows:
	22	+	7 (40 ILCS 5/3-144.3 new)
	23	+	8 Sec. 3-144.3. Retirement Systems Reciprocal Act. The
	24	+	9 Retirement Systems Reciprocal Act, Article 20 of this Code, is
	25	+	10 adopted and made a part of this Article, but only with respect
	26	+	11 to a person who, on or after the effective date of this
	27	+	12 amendatory Act of the 103rd General Assembly, is entitled
	28	+	13 under this Article or through a participating system under the
	29	+	14 Retirement Systems Reciprocal Act, as defined in Section
	30	+	15 20-108, to begin receiving a retirement annuity or survivor's
	31	+	16 annuity (as those terms are defined in Article 20) and who
	32	+	17 elects to proceed under the Retirement Systems Reciprocal Act.
	33	+	18 (40 ILCS 5/15-135) (from Ch. 108 1/2, par. 15-135)
	34	+	19 Sec. 15-135. Retirement annuities; conditions.
	35	+	20 (a) This subsection (a) applies only to a Tier 1 member. A
	36	+	21 participant who retires in one of the following specified
	37	+	22 years with the specified amount of service is entitled to a
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33		-	HB4508 Engrossed - 2 - LRB103 36501 RPS 66607 b
34		-	1 annuity on or after attainment of age 62.
35		-	2 A participant who has at least 25 years of service in this
36		-	3 system as a police officer or firefighter is entitled to a
37		-	4 retirement annuity on or after the attainment of age 50, if
38		-	5 Rule 4 of Section 15-136 is applicable to the participant.
39		-	6 (a-5) A Tier 2 member is entitled to a retirement annuity
40		-	7 upon written application if he or she has attained age 67 and
41		-	8 has at least 10 years of service credit and is otherwise
42		-	9 eligible under the requirements of this Article. A Tier 2
43		-	10 member who has attained age 62 and has at least 10 years of
44		-	11 service credit and is otherwise eligible under the
45		-	12 requirements of this Article may elect to receive the lower
46		-	13 retirement annuity provided in subsection (b-5) of Section
47		-	14 15-136 of this Article.
48		-	15 (a-10) A Tier 2 member who has at least 20 years of service
49		-	16 in this system as a police officer or firefighter is entitled
50		-	17 to a retirement annuity upon written application on or after
51		-	18 the attainment of age 60 if Rule 4 of Section 15-136 is
52		-	19 applicable to the participant. A Tier 2 member who has at least
53		-	20 20 years of service in this system as a police officer is
54		-	21 entitled to a retirement annuity upon written application on
55		-	22 or after the attainment of age 55 if Rule 4 of Section 15-136
56		-	23 is applicable to the participant. The changes made to this
57		-	24 subsection by this amendatory Act of the 101st General
58		-	25 Assembly apply retroactively to January 1, 2011.
59		-	26 (b) The annuity payment period shall begin on the date
	41	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4508 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
	42	+	40 ILCS 5/3-144.3 new40 ILCS 5/15-135 from Ch. 108 1/2, par. 15-13540 ILCS 5/15-19830 ILCS 805/8.48 new 40 ILCS 5/3-144.3 new 40 ILCS 5/15-135 from Ch. 108 1/2, par. 15-135 40 ILCS 5/15-198 30 ILCS 805/8.48 new
	43	+	40 ILCS 5/3-144.3 new
	44	+	40 ILCS 5/15-135 from Ch. 108 1/2, par. 15-135
	45	+	40 ILCS 5/15-198
	46	+	30 ILCS 805/8.48 new
	47	+	Amends the Illinois Pension Code. Provides that the Retirement Systems Reciprocal Act (Article 20 of the Code) is adopted and made a part of the Downstate Police Article, but only with respect to a person who, on or after the effective date of the amendatory Act, is entitled under those Articles or through a participating system under the Retirement Systems Reciprocal Act to begin receiving a retirement annuity or survivor's annuity and who elects to proceed under the Retirement Systems Reciprocal Act. In the State Universities Article, provides that a Tier 2 member who has at least 20 years of service in the System as a police officer is entitled to a retirement annuity upon written application on or after the attainment of age 55 (instead of age 60) if a specified rule is applicable to the participant. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the State Mandates Act to require implementation without reimbursement.
	48	+	LRB103 36501 RPS 66607 b LRB103 36501 RPS 66607 b
	49	+	LRB103 36501 RPS 66607 b
	50	+	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
	51	+	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
	52	+	A BILL FOR
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65		-	HB4508 Engrossed - 2 - LRB103 36501 RPS 66607 b
	58	+	40 ILCS 5/3-144.3 new
	59	+	40 ILCS 5/15-135 from Ch. 108 1/2, par. 15-135
	60	+	40 ILCS 5/15-198
	61	+	30 ILCS 805/8.48 new
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70		-	1 specified by the participant or the recipient of a disability
71		-	2 retirement annuity submitting a written application. For a
72		-	3 participant, the date on which the annuity payment period
73		-	4 begins shall not be prior to termination of employment or more
74		-	5 than one year before the application is received by the board;
75		-	6 however, if the participant is not an employee of an employer
76		-	7 participating in this System or in a participating system as
77		-	8 defined in Article 20 of this Code on April 1 of the calendar
78		-	9 year next following the calendar year in which the participant
79		-	10 attains the age specified under Section 401(a)(9) of the
80		-	11 Internal Revenue Code of 1986, as amended, the annuity payment
81		-	12 period shall begin on that date regardless of whether an
82		-	13 application has been filed. For a recipient of a disability
83		-	14 retirement annuity, the date on which the annuity payment
84		-	15 period begins shall not be prior to the discontinuation of the
85		-	16 disability retirement annuity under Section 15-153.2.
86		-	17 (c) An annuity is not payable if the amount provided under
87		-	18 Section 15-136 is less than $10 per month.
88		-	19 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21.)
89		-	20 (40 ILCS 5/15-198)
90		-	21 Sec. 15-198. Application and expiration of new benefit
91		-	22 increases.
92		-	23 (a) As used in this Section, "new benefit increase" means
93		-	24 an increase in the amount of any benefit provided under this
94		-	25 Article, or an expansion of the conditions of eligibility for
	64	+
	65	+	LRB103 36501 RPS 66607 b
	66	+
	67	+	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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100		-	HB4508 Engrossed - 3 - LRB103 36501 RPS 66607 b
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104		-	HB4508 Engrossed - 4 - LRB103 36501 RPS 66607 b
105		-	1 any benefit under this Article, that results from an amendment
106		-	2 to this Code that takes effect after June 1, 2005 (the
107		-	3 effective date of Public Act 94-4). "New benefit increase",
108		-	4 however, does not include any benefit increase resulting from
109		-	5 the changes made to Article 1 or this Article by Public Act
110		-	6 100-23, Public Act 100-587, Public Act 100-769, Public Act
111		-	7 101-10, Public Act 101-610, Public Act 102-16, Public Act
112		-	8 103-80, Public Act 103-548, or this amendatory Act of the
113		-	9 103rd General Assembly or this amendatory Act of the 103rd
114		-	10 General Assembly.
115		-	11 (b) Notwithstanding any other provision of this Code or
116		-	12 any subsequent amendment to this Code, every new benefit
117		-	13 increase is subject to this Section and shall be deemed to be
118		-	14 granted only in conformance with and contingent upon
119		-	15 compliance with the provisions of this Section.
120		-	16 (c) The Public Act enacting a new benefit increase must
121		-	17 identify and provide for payment to the System of additional
122		-	18 funding at least sufficient to fund the resulting annual
123		-	19 increase in cost to the System as it accrues.
124		-	20 Every new benefit increase is contingent upon the General
125		-	21 Assembly providing the additional funding required under this
126		-	22 subsection. The Commission on Government Forecasting and
127		-	23 Accountability shall analyze whether adequate additional
128		-	24 funding has been provided for the new benefit increase and
129		-	25 shall report its analysis to the Public Pension Division of
130		-	26 the Department of Insurance. A new benefit increase created by
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136		-	HB4508 Engrossed - 4 - LRB103 36501 RPS 66607 b
	78	+
	79	+	HB4508 LRB103 36501 RPS 66607 b
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139		-	HB4508 ~~Engrossed- 5~~ -LRB103 36501 RPS 66607 b HB4508 ~~Engrossed - 5~~ - LRB103 36501 RPS 66607 b
140		-	HB4508 ~~Engrossed - 5~~ - LRB103 36501 RPS 66607 b
141		-	1 ~~a Public Act that does not include~~ the ~~additional funding~~
142		-	2 ~~required under this subsection is null and void. If~~ the ~~Public~~
143		-	3 ~~Pension Division determines that the additional funding~~
144		-	4 ~~provided for a new benefit increase under this subsection~~ is
145		-	5 ~~or has become inadequate,~~ ~~it may so certify to the Governor and~~
146		-	6 ~~the State Comptroller and,~~ in ~~the absence of corrective action~~
147		-	7 ~~by the General Assembly,~~ ~~the new benefit increase shall expire~~
148		-	8 ~~at the end of the fiscal year~~ in ~~which the certification is~~
149		-	9 ~~made.~~
150		-	10 ~~(d) Every new benefit increase shall expire 5 years after~~
151		-	11 ~~its effective date or on such earlier date as may be specified~~
152		-	12 ~~in the language enacting the new benefit increase or provided~~
153		-	13 ~~under subsection (c). This does not prevent the General~~
154		-	14 ~~Assembly from extending~~ or ~~re-creating a new benefit increase~~
155		-	15 ~~by law.~~
156		-	16 ~~(e) Except~~ as ~~otherwise provided in the language creating~~
157		-	17 the ~~new benefit increase~~, ~~a new benefit increase that expires~~
158		-	18 ~~under this~~ Section ~~continues~~ to ~~apply to persons who applied~~
159		-	19 ~~and qualified for the affected benefit while the new benefit~~
160		-	20 ~~increase was in effect~~ and ~~to the affected beneficiaries and~~
161		-	21 ~~alternate payees~~ of ~~such persons,~~ ~~but does not apply to any~~
162		-	22 ~~other person,~~ ~~including, without limitation,~~ a ~~person who~~
163		-	23 ~~continues in service after the expiration date~~ and ~~did not~~
164		-	24 ~~apply~~ and ~~qualify for~~ the ~~affected benefit while the new~~
165		-	25 ~~benefit increase was in effect.~~
166		-	26 (~~Source: P.A. 102-16, eff. 6-17-21; 103-80, eff. 6-9-23;~~
	82	+	HB4508- 2 -LRB103 36501 RPS 66607 b HB4508 - 2 - LRB103 36501 RPS 66607 b
	83	+	HB4508 - 2 - LRB103 36501 RPS 66607 b
	84	+	1 retirement annuity at any age under the retirement program
	85	+	2 applicable to the participant:
	86	+	3 35 years if retirement is in 1997 or before;
	87	+	4 34 years if retirement is in 1998;
	88	+	5 33 years if retirement is in 1999;
	89	+	6 32 years if retirement is in 2000;
	90	+	7 31 years if retirement is in 2001;
	91	+	8 30 years if retirement is in 2002 or later.
	92	+	9 A participant with 8 or more years of service after
	93	+	10 September 1, 1941, is entitled to a retirement annuity on or
	94	+	11 after attainment of age 55.
	95	+	12 A participant with at least 5 but less than 8 years of
	96	+	13 service after September 1, 1941, is entitled to a retirement
	97	+	14 annuity on or after attainment of age 62.
	98	+	15 A participant who has at least 25 years of service in this
	99	+	16 system as a police officer or firefighter is entitled to a
	100	+	17 retirement annuity on or after the attainment of age 50, if
	101	+	18 Rule 4 of Section 15-136 is applicable to the participant.
	102	+	19 (a-5) A Tier 2 member is entitled to a retirement annuity
	103	+	20 upon written application if he or she has attained age 67 and
	104	+	21 has at least 10 years of service credit and is otherwise
	105	+	22 eligible under the requirements of this Article. A Tier 2
	106	+	23 member who has attained age 62 and has at least 10 years of
	107	+	24 service credit and is otherwise eligible under the
	108	+	25 requirements of this Article may elect to receive the lower
	109	+	26 retirement annuity provided in subsection (b-5) of Section
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172		-	HB4508 ~~Engrossed - 5~~ - LRB103 36501 RPS 66607 b
	115	+	HB4508 - 2 - LRB103 36501 RPS 66607 b
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176		-	HB4508 Engrossed - 6 - LRB103 36501 RPS 66607 b
177		-	1 103-548, eff. 8-11-23; revised 8-31-23.)
178		-	2 Section 90. The State Mandates Act is amended by adding
179		-	3 Section 8.48 as follows:
	118	+	HB4508- 3 -LRB103 36501 RPS 66607 b HB4508 - 3 - LRB103 36501 RPS 66607 b
	119	+	HB4508 - 3 - LRB103 36501 RPS 66607 b
	120	+	1 15-136 of this Article.
	121	+	2 (a-10) A Tier 2 member who has at least 20 years of service
	122	+	3 in this system as a police officer or firefighter is entitled
	123	+	4 to a retirement annuity upon written application on or after
	124	+	5 the attainment of age 60 if Rule 4 of Section 15-136 is
	125	+	6 applicable to the participant. A Tier 2 member who has at least
	126	+	7 20 years of service in this system as a police officer is
	127	+	8 entitled to a retirement annuity upon written application on
	128	+	9 or after the attainment of age 55 if Rule 4 of Section 15-136
	129	+	10 is applicable to the participant. The changes made to this
	130	+	11 subsection by this amendatory Act of the 101st General
	131	+	12 Assembly apply retroactively to January 1, 2011.
	132	+	13 (b) The annuity payment period shall begin on the date
	133	+	14 specified by the participant or the recipient of a disability
	134	+	15 retirement annuity submitting a written application. For a
	135	+	16 participant, the date on which the annuity payment period
	136	+	17 begins shall not be prior to termination of employment or more
	137	+	18 than one year before the application is received by the board;
	138	+	19 however, if the participant is not an employee of an employer
	139	+	20 participating in this System or in a participating system as
	140	+	21 defined in Article 20 of this Code on April 1 of the calendar
	141	+	22 year next following the calendar year in which the participant
	142	+	23 attains the age specified under Section 401(a)(9) of the
	143	+	24 Internal Revenue Code of 1986, as amended, the annuity payment
	144	+	25 period shall begin on that date regardless of whether an
	145	+	26 application has been filed. For a recipient of a disability
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	151	+	HB4508 - 3 - LRB103 36501 RPS 66607 b
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	153	+
	154	+	HB4508- 4 -LRB103 36501 RPS 66607 b HB4508 - 4 - LRB103 36501 RPS 66607 b
	155	+	HB4508 - 4 - LRB103 36501 RPS 66607 b
	156	+	1 retirement annuity, the date on which the annuity payment
	157	+	2 period begins shall not be prior to the discontinuation of the
	158	+	3 disability retirement annuity under Section 15-153.2.
	159	+	4 (c) An annuity is not payable if the amount provided under
	160	+	5 Section 15-136 is less than $10 per month.
	161	+	6 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21.)
	162	+	7 (40 ILCS 5/15-198)
	163	+	8 Sec. 15-198. Application and expiration of new benefit
	164	+	9 increases.
	165	+	10 (a) As used in this Section, "new benefit increase" means
	166	+	11 an increase in the amount of any benefit provided under this
	167	+	12 Article, or an expansion of the conditions of eligibility for
	168	+	13 any benefit under this Article, that results from an amendment
	169	+	14 to this Code that takes effect after June 1, 2005 (the
	170	+	15 effective date of Public Act 94-4). "New benefit increase",
	171	+	16 however, does not include any benefit increase resulting from
	172	+	17 the changes made to Article 1 or this Article by Public Act
	173	+	18 100-23, Public Act 100-587, Public Act 100-769, Public Act
	174	+	19 101-10, Public Act 101-610, Public Act 102-16, Public Act
	175	+	20 103-80, Public Act 103-548, or this amendatory Act of the
	176	+	21 103rd General Assembly or this amendatory Act of the 103rd
	177	+	22 General Assembly.
	178	+	23 (b) Notwithstanding any other provision of this Code or
	179	+	24 any subsequent amendment to this Code, every new benefit
	180	+	25 increase is subject to this Section and shall be deemed to be
	181	+
	182	+
	183	+
	184	+
	185	+
	186	+	HB4508 - 4 - LRB103 36501 RPS 66607 b
	187	+
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	190	+	HB4508 - 5 - LRB103 36501 RPS 66607 b
	191	+	1 granted only in conformance with and contingent upon
	192	+	2 compliance with the provisions of this Section.
	193	+	3 (c) The Public Act enacting a new benefit increase must
	194	+	4 identify and provide for payment to the System of additional
	195	+	5 funding at least sufficient to fund the resulting annual
	196	+	6 increase in cost to the System as it accrues.
	197	+	7 Every new benefit increase is contingent upon the General
	198	+	8 Assembly providing the additional funding required under this
	199	+	9 subsection. The Commission on Government Forecasting and
	200	+	10 Accountability shall analyze whether adequate additional
	201	+	11 funding has been provided for the new benefit increase and
	202	+	12 shall report its analysis to the Public Pension Division of
	203	+	13 the Department of Insurance. A new benefit increase created by
	204	+	14 a Public Act that does not include the additional funding
	205	+	15 required under this subsection is null and void. If the Public
	206	+	16 Pension Division determines that the additional funding
	207	+	17 provided for a new benefit increase under this subsection is
	208	+	18 or has become inadequate, it may so certify to the Governor and
	209	+	19 the State Comptroller and, in the absence of corrective action
	210	+	20 by the General Assembly, the new benefit increase shall expire
	211	+	21 at the end of the fiscal year in which the certification is
	212	+	22 made.
	213	+	23 (d) Every new benefit increase shall expire 5 years after
	214	+	24 its effective date or on such earlier date as may be specified
	215	+	25 in the language enacting the new benefit increase or provided
	216	+	26 under subsection (c). This does not prevent the General
	217	+
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	227	+	1 Assembly from extending or re-creating a new benefit increase
	228	+	2 by law.
	229	+	3 (e) Except as otherwise provided in the language creating
	230	+	4 the new benefit increase, a new benefit increase that expires
	231	+	5 under this Section continues to apply to persons who applied
	232	+	6 and qualified for the affected benefit while the new benefit
	233	+	7 increase was in effect and to the affected beneficiaries and
	234	+	8 alternate payees of such persons, but does not apply to any
	235	+	9 other person, including, without limitation, a person who
	236	+	10 continues in service after the expiration date and did not
	237	+	11 apply and qualify for the affected benefit while the new
	238	+	12 benefit increase was in effect.
	239	+	13 (Source: P.A. 102-16, eff. 6-17-21; 103-80, eff. 6-9-23;
	240	+	14 103-548, eff. 8-11-23; revised 8-31-23.)
	241	+	15 Section 90. The State Mandates Act is amended by adding
	242	+	16 Section 8.48 as follows:
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