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Illinois Senate Bill SB3453

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3453 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3453 Introduced 2/8/2024, by Sen. Robert F. Martwick 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 36500 RPS 66606 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3453 Introduced 2/8/2024, by Sen. Robert F. Martwick 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 36500 RPS 66606 b LRB103 36500 RPS 66606 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3453 Introduced 2/8/2024, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
33 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
44 40 ILCS 5/3-144.3 new
55 40 ILCS 5/15-135 from Ch. 108 1/2, par. 15-135
66 40 ILCS 5/15-198
77 30 ILCS 805/8.48 new
88 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.
99 LRB103 36500 RPS 66606 b LRB103 36500 RPS 66606 b
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1111 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
1212 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
1313 A BILL FOR
1414 SB3453LRB103 36500 RPS 66606 b SB3453 LRB103 36500 RPS 66606 b
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1616 1 AN ACT concerning public employee benefits.
1717 2 Be it enacted by the People of the State of Illinois,
1818 3 represented in the General Assembly:
1919 4 Section 5. The Illinois Pension Code is amended by
2020 5 changing Sections 15-135 and 15-198 and by adding Section
2121 6 3-144.3 as follows:
2222 7 (40 ILCS 5/3-144.3 new)
2323 8 Sec. 3-144.3. Retirement Systems Reciprocal Act. The
2424 9 Retirement Systems Reciprocal Act, Article 20 of this Code, is
2525 10 adopted and made a part of this Article, but only with respect
2626 11 to a person who, on or after the effective date of this
2727 12 amendatory Act of the 103rd General Assembly, is entitled
2828 13 under this Article or through a participating system under the
2929 14 Retirement Systems Reciprocal Act, as defined in Section
3030 15 20-108, to begin receiving a retirement annuity or survivor's
3131 16 annuity (as those terms are defined in Article 20) and who
3232 17 elects to proceed under the Retirement Systems Reciprocal Act.
3333 18 (40 ILCS 5/15-135) (from Ch. 108 1/2, par. 15-135)
3434 19 Sec. 15-135. Retirement annuities; conditions.
3535 20 (a) This subsection (a) applies only to a Tier 1 member. A
3636 21 participant who retires in one of the following specified
3737 22 years with the specified amount of service is entitled to a
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4141 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3453 Introduced 2/8/2024, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
4242 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
4343 40 ILCS 5/3-144.3 new
4444 40 ILCS 5/15-135 from Ch. 108 1/2, par. 15-135
4545 40 ILCS 5/15-198
4646 30 ILCS 805/8.48 new
4747 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.
4848 LRB103 36500 RPS 66606 b LRB103 36500 RPS 66606 b
4949 LRB103 36500 RPS 66606 b
5050 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
5151 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
5252 A BILL FOR
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5959 40 ILCS 5/15-135 from Ch. 108 1/2, par. 15-135
6060 40 ILCS 5/15-198
6161 30 ILCS 805/8.48 new
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8484 1 retirement annuity at any age under the retirement program
8585 2 applicable to the participant:
8686 3 35 years if retirement is in 1997 or before;
8787 4 34 years if retirement is in 1998;
8888 5 33 years if retirement is in 1999;
8989 6 32 years if retirement is in 2000;
9090 7 31 years if retirement is in 2001;
9191 8 30 years if retirement is in 2002 or later.
9292 9 A participant with 8 or more years of service after
9393 10 September 1, 1941, is entitled to a retirement annuity on or
9494 11 after attainment of age 55.
9595 12 A participant with at least 5 but less than 8 years of
9696 13 service after September 1, 1941, is entitled to a retirement
9797 14 annuity on or after attainment of age 62.
9898 15 A participant who has at least 25 years of service in this
9999 16 system as a police officer or firefighter is entitled to a
100100 17 retirement annuity on or after the attainment of age 50, if
101101 18 Rule 4 of Section 15-136 is applicable to the participant.
102102 19 (a-5) A Tier 2 member is entitled to a retirement annuity
103103 20 upon written application if he or she has attained age 67 and
104104 21 has at least 10 years of service credit and is otherwise
105105 22 eligible under the requirements of this Article. A Tier 2
106106 23 member who has attained age 62 and has at least 10 years of
107107 24 service credit and is otherwise eligible under the
108108 25 requirements of this Article may elect to receive the lower
109109 26 retirement annuity provided in subsection (b-5) of Section
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120120 1 15-136 of this Article.
121121 2 (a-10) A Tier 2 member who has at least 20 years of service
122122 3 in this system as a police officer or firefighter is entitled
123123 4 to a retirement annuity upon written application on or after
124124 5 the attainment of age 60 if Rule 4 of Section 15-136 is
125125 6 applicable to the participant. A Tier 2 member who has at least
126126 7 20 years of service in this system as a police officer is
127127 8 entitled to a retirement annuity upon written application on
128128 9 or after the attainment of age 55 if Rule 4 of Section 15-136
129129 10 is applicable to the participant. The changes made to this
130130 11 subsection by this amendatory Act of the 101st General
131131 12 Assembly apply retroactively to January 1, 2011.
132132 13 (b) The annuity payment period shall begin on the date
133133 14 specified by the participant or the recipient of a disability
134134 15 retirement annuity submitting a written application. For a
135135 16 participant, the date on which the annuity payment period
136136 17 begins shall not be prior to termination of employment or more
137137 18 than one year before the application is received by the board;
138138 19 however, if the participant is not an employee of an employer
139139 20 participating in this System or in a participating system as
140140 21 defined in Article 20 of this Code on April 1 of the calendar
141141 22 year next following the calendar year in which the participant
142142 23 attains the age specified under Section 401(a)(9) of the
143143 24 Internal Revenue Code of 1986, as amended, the annuity payment
144144 25 period shall begin on that date regardless of whether an
145145 26 application has been filed. For a recipient of a disability
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156156 1 retirement annuity, the date on which the annuity payment
157157 2 period begins shall not be prior to the discontinuation of the
158158 3 disability retirement annuity under Section 15-153.2.
159159 4 (c) An annuity is not payable if the amount provided under
160160 5 Section 15-136 is less than $10 per month.
161161 6 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21.)
162162 7 (40 ILCS 5/15-198)
163163 8 Sec. 15-198. Application and expiration of new benefit
164164 9 increases.
165165 10 (a) As used in this Section, "new benefit increase" means
166166 11 an increase in the amount of any benefit provided under this
167167 12 Article, or an expansion of the conditions of eligibility for
168168 13 any benefit under this Article, that results from an amendment
169169 14 to this Code that takes effect after June 1, 2005 (the
170170 15 effective date of Public Act 94-4). "New benefit increase",
171171 16 however, does not include any benefit increase resulting from
172172 17 the changes made to Article 1 or this Article by Public Act
173173 18 100-23, Public Act 100-587, Public Act 100-769, Public Act
174174 19 101-10, Public Act 101-610, Public Act 102-16, Public Act
175175 20 103-80, Public Act 103-548, or this amendatory Act of the
176176 21 103rd General Assembly or this amendatory Act of the 103rd
177177 22 General Assembly.
178178 23 (b) Notwithstanding any other provision of this Code or
179179 24 any subsequent amendment to this Code, every new benefit
180180 25 increase is subject to this Section and shall be deemed to be
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191191 1 granted only in conformance with and contingent upon
192192 2 compliance with the provisions of this Section.
193193 3 (c) The Public Act enacting a new benefit increase must
194194 4 identify and provide for payment to the System of additional
195195 5 funding at least sufficient to fund the resulting annual
196196 6 increase in cost to the System as it accrues.
197197 7 Every new benefit increase is contingent upon the General
198198 8 Assembly providing the additional funding required under this
199199 9 subsection. The Commission on Government Forecasting and
200200 10 Accountability shall analyze whether adequate additional
201201 11 funding has been provided for the new benefit increase and
202202 12 shall report its analysis to the Public Pension Division of
203203 13 the Department of Insurance. A new benefit increase created by
204204 14 a Public Act that does not include the additional funding
205205 15 required under this subsection is null and void. If the Public
206206 16 Pension Division determines that the additional funding
207207 17 provided for a new benefit increase under this subsection is
208208 18 or has become inadequate, it may so certify to the Governor and
209209 19 the State Comptroller and, in the absence of corrective action
210210 20 by the General Assembly, the new benefit increase shall expire
211211 21 at the end of the fiscal year in which the certification is
212212 22 made.
213213 23 (d) Every new benefit increase shall expire 5 years after
214214 24 its effective date or on such earlier date as may be specified
215215 25 in the language enacting the new benefit increase or provided
216216 26 under subsection (c). This does not prevent the General
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227227 1 Assembly from extending or re-creating a new benefit increase
228228 2 by law.
229229 3 (e) Except as otherwise provided in the language creating
230230 4 the new benefit increase, a new benefit increase that expires
231231 5 under this Section continues to apply to persons who applied
232232 6 and qualified for the affected benefit while the new benefit
233233 7 increase was in effect and to the affected beneficiaries and
234234 8 alternate payees of such persons, but does not apply to any
235235 9 other person, including, without limitation, a person who
236236 10 continues in service after the expiration date and did not
237237 11 apply and qualify for the affected benefit while the new
238238 12 benefit increase was in effect.
239239 13 (Source: P.A. 102-16, eff. 6-17-21; 103-80, eff. 6-9-23;
240240 14 103-548, eff. 8-11-23; revised 8-31-23.)
241241 15 Section 90. The State Mandates Act is amended by adding
242242 16 Section 8.48 as follows:
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