103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4099

 

Introduced 5/18/2023, by Rep. Stephanie A. Kifowit - Steven Reick

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/1-160
40 ILCS 5/3-111  from Ch. 108 1/2, par. 3-111
40 ILCS 5/3-111.1  from Ch. 108 1/2, par. 3-111.1
40 ILCS 5/4-109  from Ch. 108 1/2, par. 4-109
40 ILCS 5/4-109.1  from Ch. 108 1/2, par. 4-109.1
40 ILCS 5/14-152.1
30 ILCS 805/8.47 new

    Amends the General Provisions, Downstate Police, Downstate Firefighter, and State Employees Articles of the Illinois Pension Code. Provides that a security employee of the Department of Corrections or the Department of Juvenile Justice or a security employee of the Department of Human Services subject to the Tier 2 provisions is entitled to an annuity calculated under the alternative retirement annuity provisions, in lieu of the regular or minimum retirement annuity, only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 55, regardless of whether the attainment of age 55 occurs while the person is still in service. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". In the Downstate Police and Downstate Firefighter Articles, in a provision that reduces the amount of the pension for a Tier 2 firefighter or Tier 2 police officer who retires with at least 10 years of creditable service before attaining age 55, provides that the pension of a Tier 2 firefighter or Tier 2 police officer who is retiring after attaining age 50 with 20 or more years of creditable service shall not be reduced. Makes a conforming change. Provides that each annual increase for Tier 2 firefighters shall be increased on the January 1 occurring either on or after the attainment of age 55 (instead of age 60) or the first anniversary of the pension start date, whichever is later. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB103 32596 RPS 62211 b

 

 

A BILL FOR

 

HB4099LRB103 32596 RPS 62211 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Sections 1-160, 3-111, 3-111.1, 4-109, 4-109.1, and
614-152.1 as follows:
 
7    (40 ILCS 5/1-160)
8    (Text of Section from P.A. 102-719)
9    Sec. 1-160. Provisions applicable to new hires.
10    (a) The provisions of this Section apply to a person who,
11on or after January 1, 2011, first becomes a member or a
12participant under any reciprocal retirement system or pension
13fund established under this Code, other than a retirement
14system or pension fund established under Article 2, 3, 4, 5, 6,
157, 15, or 18 of this Code, notwithstanding any other provision
16of this Code to the contrary, but do not apply to any
17self-managed plan established under this Code or to any
18participant of the retirement plan established under Section
1922-101; except that this Section applies to a person who
20elected to establish alternative credits by electing in
21writing after January 1, 2011, but before August 8, 2011,
22under Section 7-145.1 of this Code. Notwithstanding anything
23to the contrary in this Section, for purposes of this Section,

 

 

HB4099- 2 -LRB103 32596 RPS 62211 b

1a person who is a Tier 1 regular employee as defined in Section
27-109.4 of this Code or who participated in a retirement
3system under Article 15 prior to January 1, 2011 shall be
4deemed a person who first became a member or participant prior
5to January 1, 2011 under any retirement system or pension fund
6subject to this Section. The changes made to this Section by
7Public Act 98-596 are a clarification of existing law and are
8intended to be retroactive to January 1, 2011 (the effective
9date of Public Act 96-889), notwithstanding the provisions of
10Section 1-103.1 of this Code.
11    This Section does not apply to a person who first becomes a
12noncovered employee under Article 14 on or after the
13implementation date of the plan created under Section 1-161
14for that Article, unless that person elects under subsection
15(b) of Section 1-161 to instead receive the benefits provided
16under this Section and the applicable provisions of that
17Article.
18    This Section does not apply to a person who first becomes a
19member or participant under Article 16 on or after the
20implementation date of the plan created under Section 1-161
21for that Article, unless that person elects under subsection
22(b) of Section 1-161 to instead receive the benefits provided
23under this Section and the applicable provisions of that
24Article.
25    This Section does not apply to a person who elects under
26subsection (c-5) of Section 1-161 to receive the benefits

 

 

HB4099- 3 -LRB103 32596 RPS 62211 b

1under Section 1-161.
2    This Section does not apply to a person who first becomes a
3member or participant of an affected pension fund on or after 6
4months after the resolution or ordinance date, as defined in
5Section 1-162, unless that person elects under subsection (c)
6of Section 1-162 to receive the benefits provided under this
7Section and the applicable provisions of the Article under
8which he or she is a member or participant.
9    (b) "Final average salary" means, except as otherwise
10provided in this subsection, the average monthly (or annual)
11salary obtained by dividing the total salary or earnings
12calculated under the Article applicable to the member or
13participant during the 96 consecutive months (or 8 consecutive
14years) of service within the last 120 months (or 10 years) of
15service in which the total salary or earnings calculated under
16the applicable Article was the highest by the number of months
17(or years) of service in that period. For the purposes of a
18person who first becomes a member or participant of any
19retirement system or pension fund to which this Section
20applies on or after January 1, 2011, in this Code, "final
21average salary" shall be substituted for the following:
22        (1) (Blank).
23        (2) In Articles 8, 9, 10, 11, and 12, "highest average
24    annual salary for any 4 consecutive years within the last
25    10 years of service immediately preceding the date of
26    withdrawal".

 

 

HB4099- 4 -LRB103 32596 RPS 62211 b

1        (3) In Article 13, "average final salary".
2        (4) In Article 14, "final average compensation".
3        (5) In Article 17, "average salary".
4        (6) In Section 22-207, "wages or salary received by
5    him at the date of retirement or discharge".
6    A member of the Teachers' Retirement System of the State
7of Illinois who retires on or after June 1, 2021 and for whom
8the 2020-2021 school year is used in the calculation of the
9member's final average salary shall use the higher of the
10following for the purpose of determining the member's final
11average salary:
12        (A) the amount otherwise calculated under the first
13    paragraph of this subsection; or
14        (B) an amount calculated by the Teachers' Retirement
15    System of the State of Illinois using the average of the
16    monthly (or annual) salary obtained by dividing the total
17    salary or earnings calculated under Article 16 applicable
18    to the member or participant during the 96 months (or 8
19    years) of service within the last 120 months (or 10 years)
20    of service in which the total salary or earnings
21    calculated under the Article was the highest by the number
22    of months (or years) of service in that period.
23    (b-5) Beginning on January 1, 2011, for all purposes under
24this Code (including without limitation the calculation of
25benefits and employee contributions), the annual earnings,
26salary, or wages (based on the plan year) of a member or

 

 

HB4099- 5 -LRB103 32596 RPS 62211 b

1participant to whom this Section applies shall not exceed
2$106,800; however, that amount shall annually thereafter be
3increased by the lesser of (i) 3% of that amount, including all
4previous adjustments, or (ii) one-half the annual unadjusted
5percentage increase (but not less than zero) in the consumer
6price index-u for the 12 months ending with the September
7preceding each November 1, including all previous adjustments.
8    For the purposes of this Section, "consumer price index-u"
9means the index published by the Bureau of Labor Statistics of
10the United States Department of Labor that measures the
11average change in prices of goods and services purchased by
12all urban consumers, United States city average, all items,
131982-84 = 100. The new amount resulting from each annual
14adjustment shall be determined by the Public Pension Division
15of the Department of Insurance and made available to the
16boards of the retirement systems and pension funds by November
171 of each year.
18    (c) A member or participant is entitled to a retirement
19annuity upon written application if he or she has attained age
2067 (age 65, with respect to service under Article 12 that is
21subject to this Section, for a member or participant under
22Article 12 who first becomes a member or participant under
23Article 12 on or after January 1, 2022 or who makes the
24election under item (i) of subsection (d-15) of this Section)
25and has at least 10 years of service credit and is otherwise
26eligible under the requirements of the applicable Article.

 

 

HB4099- 6 -LRB103 32596 RPS 62211 b

1    A member or participant who has attained age 62 (age 60,
2with respect to service under Article 12 that is subject to
3this Section, for a member or participant under Article 12 who
4first becomes a member or participant under Article 12 on or
5after January 1, 2022 or who makes the election under item (i)
6of subsection (d-15) of this Section) and has at least 10 years
7of service credit and is otherwise eligible under the
8requirements of the applicable Article may elect to receive
9the lower retirement annuity provided in subsection (d) of
10this Section.
11    (c-5) A person who first becomes a member or a participant
12subject to this Section on or after July 6, 2017 (the effective
13date of Public Act 100-23), notwithstanding any other
14provision of this Code to the contrary, is entitled to a
15retirement annuity under Article 8 or Article 11 upon written
16application if he or she has attained age 65 and has at least
1710 years of service credit and is otherwise eligible under the
18requirements of Article 8 or Article 11 of this Code,
19whichever is applicable.
20    (d) The retirement annuity of a member or participant who
21is retiring after attaining age 62 (age 60, with respect to
22service under Article 12 that is subject to this Section, for a
23member or participant under Article 12 who first becomes a
24member or participant under Article 12 on or after January 1,
252022 or who makes the election under item (i) of subsection
26(d-15) of this Section) with at least 10 years of service

 

 

HB4099- 7 -LRB103 32596 RPS 62211 b

1credit shall be reduced by one-half of 1% for each full month
2that the member's age is under age 67 (age 65, with respect to
3service under Article 12 that is subject to this Section, for a
4member or participant under Article 12 who first becomes a
5member or participant under Article 12 on or after January 1,
62022 or who makes the election under item (i) of subsection
7(d-15) of this Section).
8    (d-5) The retirement annuity payable under Article 8 or
9Article 11 to an eligible person subject to subsection (c-5)
10of this Section who is retiring at age 60 with at least 10
11years of service credit shall be reduced by one-half of 1% for
12each full month that the member's age is under age 65.
13    (d-10) Each person who first became a member or
14participant under Article 8 or Article 11 of this Code on or
15after January 1, 2011 and prior to July 6, 2017 (the effective
16date of Public Act 100-23) shall make an irrevocable election
17either:
18        (i) to be eligible for the reduced retirement age
19    provided in subsections (c-5) and (d-5) of this Section,
20    the eligibility for which is conditioned upon the member
21    or participant agreeing to the increases in employee
22    contributions for age and service annuities provided in
23    subsection (a-5) of Section 8-174 of this Code (for
24    service under Article 8) or subsection (a-5) of Section
25    11-170 of this Code (for service under Article 11); or
26        (ii) to not agree to item (i) of this subsection

 

 

HB4099- 8 -LRB103 32596 RPS 62211 b

1    (d-10), in which case the member or participant shall
2    continue to be subject to the retirement age provisions in
3    subsections (c) and (d) of this Section and the employee
4    contributions for age and service annuity as provided in
5    subsection (a) of Section 8-174 of this Code (for service
6    under Article 8) or subsection (a) of Section 11-170 of
7    this Code (for service under Article 11).
8    The election provided for in this subsection shall be made
9between October 1, 2017 and November 15, 2017. A person
10subject to this subsection who makes the required election
11shall remain bound by that election. A person subject to this
12subsection who fails for any reason to make the required
13election within the time specified in this subsection shall be
14deemed to have made the election under item (ii).
15    (d-15) Each person who first becomes a member or
16participant under Article 12 on or after January 1, 2011 and
17prior to January 1, 2022 shall make an irrevocable election
18either:
19        (i) to be eligible for the reduced retirement age
20    specified in subsections (c) and (d) of this Section, the
21    eligibility for which is conditioned upon the member or
22    participant agreeing to the increase in employee
23    contributions for service annuities specified in
24    subsection (b) of Section 12-150; or
25        (ii) to not agree to item (i) of this subsection
26    (d-15), in which case the member or participant shall not

 

 

HB4099- 9 -LRB103 32596 RPS 62211 b

1    be eligible for the reduced retirement age specified in
2    subsections (c) and (d) of this Section and shall not be
3    subject to the increase in employee contributions for
4    service annuities specified in subsection (b) of Section
5    12-150.
6    The election provided for in this subsection shall be made
7between January 1, 2022 and April 1, 2022. A person subject to
8this subsection who makes the required election shall remain
9bound by that election. A person subject to this subsection
10who fails for any reason to make the required election within
11the time specified in this subsection shall be deemed to have
12made the election under item (ii).
13    (e) Any retirement annuity or supplemental annuity shall
14be subject to annual increases on the January 1 occurring
15either on or after the attainment of age 67 (age 65, with
16respect to service under Article 12 that is subject to this
17Section, for a member or participant under Article 12 who
18first becomes a member or participant under Article 12 on or
19after January 1, 2022 or who makes the election under item (i)
20of subsection (d-15); and beginning on July 6, 2017 (the
21effective date of Public Act 100-23), age 65 with respect to
22service under Article 8 or Article 11 for eligible persons
23who: (i) are subject to subsection (c-5) of this Section; or
24(ii) made the election under item (i) of subsection (d-10) of
25this Section) or the first anniversary of the annuity start
26date, whichever is later. Each annual increase shall be

 

 

HB4099- 10 -LRB103 32596 RPS 62211 b

1calculated at 3% or one-half the annual unadjusted percentage
2increase (but not less than zero) in the consumer price
3index-u for the 12 months ending with the September preceding
4each November 1, whichever is less, of the originally granted
5retirement annuity. If the annual unadjusted percentage change
6in the consumer price index-u for the 12 months ending with the
7September preceding each November 1 is zero or there is a
8decrease, then the annuity shall not be increased.
9    For the purposes of Section 1-103.1 of this Code, the
10changes made to this Section by Public Act 102-263 are
11applicable without regard to whether the employee was in
12active service on or after August 6, 2021 (the effective date
13of Public Act 102-263).
14    For the purposes of Section 1-103.1 of this Code, the
15changes made to this Section by Public Act 100-23 are
16applicable without regard to whether the employee was in
17active service on or after July 6, 2017 (the effective date of
18Public Act 100-23).
19    (f) The initial survivor's or widow's annuity of an
20otherwise eligible survivor or widow of a retired member or
21participant who first became a member or participant on or
22after January 1, 2011 shall be in the amount of 66 2/3% of the
23retired member's or participant's retirement annuity at the
24date of death. In the case of the death of a member or
25participant who has not retired and who first became a member
26or participant on or after January 1, 2011, eligibility for a

 

 

HB4099- 11 -LRB103 32596 RPS 62211 b

1survivor's or widow's annuity shall be determined by the
2applicable Article of this Code. The initial benefit shall be
366 2/3% of the earned annuity without a reduction due to age. A
4child's annuity of an otherwise eligible child shall be in the
5amount prescribed under each Article if applicable. Any
6survivor's or widow's annuity shall be increased (1) on each
7January 1 occurring on or after the commencement of the
8annuity if the deceased member died while receiving a
9retirement annuity or (2) in other cases, on each January 1
10occurring after the first anniversary of the commencement of
11the annuity. Each annual increase shall be calculated at 3% or
12one-half the annual unadjusted percentage increase (but not
13less than zero) in the consumer price index-u for the 12 months
14ending with the September preceding each November 1, whichever
15is less, of the originally granted survivor's annuity. If the
16annual unadjusted percentage change in the consumer price
17index-u for the 12 months ending with the September preceding
18each November 1 is zero or there is a decrease, then the
19annuity shall not be increased.
20    (g) The benefits in Section 14-110 apply if the person is a
21fire fighter in the fire protection service of a department, a
22security employee of the Department of Corrections or the
23Department of Juvenile Justice, or a security employee of the
24Department of Innovation and Technology, as those terms are
25defined in subsection (b) and subsection (c) of Section
2614-110. A person who meets the requirements of this Section is

 

 

HB4099- 12 -LRB103 32596 RPS 62211 b

1entitled to an annuity calculated under the provisions of
2Section 14-110, in lieu of the regular or minimum retirement
3annuity, only if the person has withdrawn from service with
4not less than 20 years of eligible creditable service and has
5attained age 60, regardless of whether the attainment of age
660 occurs while the person is still in service.
7    (g-1) The benefits in Section 14-110 apply if the person
8is a security employee of the Department of Corrections or the
9Department of Juvenile Justice or a security employee of the
10Department of Human Services, as those terms are defined in
11subsection (b) and subsection (c) of Section 14-110. A person
12who meets the requirements of this Section is entitled to an
13annuity calculated under the provisions of Section 14-110, in
14lieu of the regular or minimum retirement annuity, only if the
15person has withdrawn from service with not less than 20 years
16of eligible creditable service and has attained age 55,
17regardless of whether the attainment of age 55 occurs while
18the person is still in service.
19    (g-5) The benefits in Section 14-110 apply if the person
20is a State policeman, investigator for the Secretary of State,
21conservation police officer, investigator for the Department
22of Revenue or the Illinois Gaming Board, investigator for the
23Office of the Attorney General, Commerce Commission police
24officer, or arson investigator, as those terms are defined in
25subsection (b) and subsection (c) of Section 14-110. A person
26who meets the requirements of this Section is entitled to an

 

 

HB4099- 13 -LRB103 32596 RPS 62211 b

1annuity calculated under the provisions of Section 14-110, in
2lieu of the regular or minimum retirement annuity, only if the
3person has withdrawn from service with not less than 20 years
4of eligible creditable service and has attained age 55,
5regardless of whether the attainment of age 55 occurs while
6the person is still in service.
7    (h) If a person who first becomes a member or a participant
8of a retirement system or pension fund subject to this Section
9on or after January 1, 2011 is receiving a retirement annuity
10or retirement pension under that system or fund and becomes a
11member or participant under any other system or fund created
12by this Code and is employed on a full-time basis, except for
13those members or participants exempted from the provisions of
14this Section under subsection (a) of this Section, then the
15person's retirement annuity or retirement pension under that
16system or fund shall be suspended during that employment. Upon
17termination of that employment, the person's retirement
18annuity or retirement pension payments shall resume and be
19recalculated if recalculation is provided for under the
20applicable Article of this Code.
21    If a person who first becomes a member of a retirement
22system or pension fund subject to this Section on or after
23January 1, 2012 and is receiving a retirement annuity or
24retirement pension under that system or fund and accepts on a
25contractual basis a position to provide services to a
26governmental entity from which he or she has retired, then

 

 

HB4099- 14 -LRB103 32596 RPS 62211 b

1that person's annuity or retirement pension earned as an
2active employee of the employer shall be suspended during that
3contractual service. A person receiving an annuity or
4retirement pension under this Code shall notify the pension
5fund or retirement system from which he or she is receiving an
6annuity or retirement pension, as well as his or her
7contractual employer, of his or her retirement status before
8accepting contractual employment. A person who fails to submit
9such notification shall be guilty of a Class A misdemeanor and
10required to pay a fine of $1,000. Upon termination of that
11contractual employment, the person's retirement annuity or
12retirement pension payments shall resume and, if appropriate,
13be recalculated under the applicable provisions of this Code.
14    (i) (Blank).
15    (j) In the case of a conflict between the provisions of
16this Section and any other provision of this Code, the
17provisions of this Section shall control.
18(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
19102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-719, eff.
205-6-22.)
 
21    (Text of Section from P.A. 102-813)
22    Sec. 1-160. Provisions applicable to new hires.
23    (a) The provisions of this Section apply to a person who,
24on or after January 1, 2011, first becomes a member or a
25participant under any reciprocal retirement system or pension

 

 

HB4099- 15 -LRB103 32596 RPS 62211 b

1fund established under this Code, other than a retirement
2system or pension fund established under Article 2, 3, 4, 5, 6,
37, 15, or 18 of this Code, notwithstanding any other provision
4of this Code to the contrary, but do not apply to any
5self-managed plan established under this Code or to any
6participant of the retirement plan established under Section
722-101; except that this Section applies to a person who
8elected to establish alternative credits by electing in
9writing after January 1, 2011, but before August 8, 2011,
10under Section 7-145.1 of this Code. Notwithstanding anything
11to the contrary in this Section, for purposes of this Section,
12a person who is a Tier 1 regular employee as defined in Section
137-109.4 of this Code or who participated in a retirement
14system under Article 15 prior to January 1, 2011 shall be
15deemed a person who first became a member or participant prior
16to January 1, 2011 under any retirement system or pension fund
17subject to this Section. The changes made to this Section by
18Public Act 98-596 are a clarification of existing law and are
19intended to be retroactive to January 1, 2011 (the effective
20date of Public Act 96-889), notwithstanding the provisions of
21Section 1-103.1 of this Code.
22    This Section does not apply to a person who first becomes a
23noncovered employee under Article 14 on or after the
24implementation date of the plan created under Section 1-161
25for that Article, unless that person elects under subsection
26(b) of Section 1-161 to instead receive the benefits provided

 

 

HB4099- 16 -LRB103 32596 RPS 62211 b

1under this Section and the applicable provisions of that
2Article.
3    This Section does not apply to a person who first becomes a
4member or participant under Article 16 on or after the
5implementation date of the plan created under Section 1-161
6for that Article, unless that person elects under subsection
7(b) of Section 1-161 to instead receive the benefits provided
8under this Section and the applicable provisions of that
9Article.
10    This Section does not apply to a person who elects under
11subsection (c-5) of Section 1-161 to receive the benefits
12under Section 1-161.
13    This Section does not apply to a person who first becomes a
14member or participant of an affected pension fund on or after 6
15months after the resolution or ordinance date, as defined in
16Section 1-162, unless that person elects under subsection (c)
17of Section 1-162 to receive the benefits provided under this
18Section and the applicable provisions of the Article under
19which he or she is a member or participant.
20    (b) "Final average salary" means, except as otherwise
21provided in this subsection, the average monthly (or annual)
22salary obtained by dividing the total salary or earnings
23calculated under the Article applicable to the member or
24participant during the 96 consecutive months (or 8 consecutive
25years) of service within the last 120 months (or 10 years) of
26service in which the total salary or earnings calculated under

 

 

HB4099- 17 -LRB103 32596 RPS 62211 b

1the applicable Article was the highest by the number of months
2(or years) of service in that period. For the purposes of a
3person who first becomes a member or participant of any
4retirement system or pension fund to which this Section
5applies on or after January 1, 2011, in this Code, "final
6average salary" shall be substituted for the following:
7        (1) (Blank).
8        (2) In Articles 8, 9, 10, 11, and 12, "highest average
9    annual salary for any 4 consecutive years within the last
10    10 years of service immediately preceding the date of
11    withdrawal".
12        (3) In Article 13, "average final salary".
13        (4) In Article 14, "final average compensation".
14        (5) In Article 17, "average salary".
15        (6) In Section 22-207, "wages or salary received by
16    him at the date of retirement or discharge".
17    A member of the Teachers' Retirement System of the State
18of Illinois who retires on or after June 1, 2021 and for whom
19the 2020-2021 school year is used in the calculation of the
20member's final average salary shall use the higher of the
21following for the purpose of determining the member's final
22average salary:
23        (A) the amount otherwise calculated under the first
24    paragraph of this subsection; or
25        (B) an amount calculated by the Teachers' Retirement
26    System of the State of Illinois using the average of the

 

 

HB4099- 18 -LRB103 32596 RPS 62211 b

1    monthly (or annual) salary obtained by dividing the total
2    salary or earnings calculated under Article 16 applicable
3    to the member or participant during the 96 months (or 8
4    years) of service within the last 120 months (or 10 years)
5    of service in which the total salary or earnings
6    calculated under the Article was the highest by the number
7    of months (or years) of service in that period.
8    (b-5) Beginning on January 1, 2011, for all purposes under
9this Code (including without limitation the calculation of
10benefits and employee contributions), the annual earnings,
11salary, or wages (based on the plan year) of a member or
12participant to whom this Section applies shall not exceed
13$106,800; however, that amount shall annually thereafter be
14increased by the lesser of (i) 3% of that amount, including all
15previous adjustments, or (ii) one-half the annual unadjusted
16percentage increase (but not less than zero) in the consumer
17price index-u for the 12 months ending with the September
18preceding each November 1, including all previous adjustments.
19    For the purposes of this Section, "consumer price index-u"
20means the index published by the Bureau of Labor Statistics of
21the United States Department of Labor that measures the
22average change in prices of goods and services purchased by
23all urban consumers, United States city average, all items,
241982-84 = 100. The new amount resulting from each annual
25adjustment shall be determined by the Public Pension Division
26of the Department of Insurance and made available to the

 

 

HB4099- 19 -LRB103 32596 RPS 62211 b

1boards of the retirement systems and pension funds by November
21 of each year.
3    (c) A member or participant is entitled to a retirement
4annuity upon written application if he or she has attained age
567 (age 65, with respect to service under Article 12 that is
6subject to this Section, for a member or participant under
7Article 12 who first becomes a member or participant under
8Article 12 on or after January 1, 2022 or who makes the
9election under item (i) of subsection (d-15) of this Section)
10and has at least 10 years of service credit and is otherwise
11eligible under the requirements of the applicable Article.
12    A member or participant who has attained age 62 (age 60,
13with respect to service under Article 12 that is subject to
14this Section, for a member or participant under Article 12 who
15first becomes a member or participant under Article 12 on or
16after January 1, 2022 or who makes the election under item (i)
17of subsection (d-15) of this Section) and has at least 10 years
18of service credit and is otherwise eligible under the
19requirements of the applicable Article may elect to receive
20the lower retirement annuity provided in subsection (d) of
21this Section.
22    (c-5) A person who first becomes a member or a participant
23subject to this Section on or after July 6, 2017 (the effective
24date of Public Act 100-23), notwithstanding any other
25provision of this Code to the contrary, is entitled to a
26retirement annuity under Article 8 or Article 11 upon written

 

 

HB4099- 20 -LRB103 32596 RPS 62211 b

1application if he or she has attained age 65 and has at least
210 years of service credit and is otherwise eligible under the
3requirements of Article 8 or Article 11 of this Code,
4whichever is applicable.
5    (d) The retirement annuity of a member or participant who
6is retiring after attaining age 62 (age 60, with respect to
7service under Article 12 that is subject to this Section, for a
8member or participant under Article 12 who first becomes a
9member or participant under Article 12 on or after January 1,
102022 or who makes the election under item (i) of subsection
11(d-15) of this Section) with at least 10 years of service
12credit shall be reduced by one-half of 1% for each full month
13that the member's age is under age 67 (age 65, with respect to
14service under Article 12 that is subject to this Section, for a
15member or participant under Article 12 who first becomes a
16member or participant under Article 12 on or after January 1,
172022 or who makes the election under item (i) of subsection
18(d-15) of this Section).
19    (d-5) The retirement annuity payable under Article 8 or
20Article 11 to an eligible person subject to subsection (c-5)
21of this Section who is retiring at age 60 with at least 10
22years of service credit shall be reduced by one-half of 1% for
23each full month that the member's age is under age 65.
24    (d-10) Each person who first became a member or
25participant under Article 8 or Article 11 of this Code on or
26after January 1, 2011 and prior to July 6, 2017 (the effective

 

 

HB4099- 21 -LRB103 32596 RPS 62211 b

1date of Public Act 100-23) shall make an irrevocable election
2either:
3        (i) to be eligible for the reduced retirement age
4    provided in subsections (c-5) and (d-5) of this Section,
5    the eligibility for which is conditioned upon the member
6    or participant agreeing to the increases in employee
7    contributions for age and service annuities provided in
8    subsection (a-5) of Section 8-174 of this Code (for
9    service under Article 8) or subsection (a-5) of Section
10    11-170 of this Code (for service under Article 11); or
11        (ii) to not agree to item (i) of this subsection
12    (d-10), in which case the member or participant shall
13    continue to be subject to the retirement age provisions in
14    subsections (c) and (d) of this Section and the employee
15    contributions for age and service annuity as provided in
16    subsection (a) of Section 8-174 of this Code (for service
17    under Article 8) or subsection (a) of Section 11-170 of
18    this Code (for service under Article 11).
19    The election provided for in this subsection shall be made
20between October 1, 2017 and November 15, 2017. A person
21subject to this subsection who makes the required election
22shall remain bound by that election. A person subject to this
23subsection who fails for any reason to make the required
24election within the time specified in this subsection shall be
25deemed to have made the election under item (ii).
26    (d-15) Each person who first becomes a member or

 

 

HB4099- 22 -LRB103 32596 RPS 62211 b

1participant under Article 12 on or after January 1, 2011 and
2prior to January 1, 2022 shall make an irrevocable election
3either:
4        (i) to be eligible for the reduced retirement age
5    specified in subsections (c) and (d) of this Section, the
6    eligibility for which is conditioned upon the member or
7    participant agreeing to the increase in employee
8    contributions for service annuities specified in
9    subsection (b) of Section 12-150; or
10        (ii) to not agree to item (i) of this subsection
11    (d-15), in which case the member or participant shall not
12    be eligible for the reduced retirement age specified in
13    subsections (c) and (d) of this Section and shall not be
14    subject to the increase in employee contributions for
15    service annuities specified in subsection (b) of Section
16    12-150.
17    The election provided for in this subsection shall be made
18between January 1, 2022 and April 1, 2022. A person subject to
19this subsection who makes the required election shall remain
20bound by that election. A person subject to this subsection
21who fails for any reason to make the required election within
22the time specified in this subsection shall be deemed to have
23made the election under item (ii).
24    (e) Any retirement annuity or supplemental annuity shall
25be subject to annual increases on the January 1 occurring
26either on or after the attainment of age 67 (age 65, with

 

 

HB4099- 23 -LRB103 32596 RPS 62211 b

1respect to service under Article 12 that is subject to this
2Section, for a member or participant under Article 12 who
3first becomes a member or participant under Article 12 on or
4after January 1, 2022 or who makes the election under item (i)
5of subsection (d-15); and beginning on July 6, 2017 (the
6effective date of Public Act 100-23), age 65 with respect to
7service under Article 8 or Article 11 for eligible persons
8who: (i) are subject to subsection (c-5) of this Section; or
9(ii) made the election under item (i) of subsection (d-10) of
10this Section) or the first anniversary of the annuity start
11date, whichever is later. Each annual increase shall be
12calculated at 3% or one-half the annual unadjusted percentage
13increase (but not less than zero) in the consumer price
14index-u for the 12 months ending with the September preceding
15each November 1, whichever is less, of the originally granted
16retirement annuity. If the annual unadjusted percentage change
17in the consumer price index-u for the 12 months ending with the
18September preceding each November 1 is zero or there is a
19decrease, then the annuity shall not be increased.
20    For the purposes of Section 1-103.1 of this Code, the
21changes made to this Section by Public Act 102-263 are
22applicable without regard to whether the employee was in
23active service on or after August 6, 2021 (the effective date
24of Public Act 102-263).
25    For the purposes of Section 1-103.1 of this Code, the
26changes made to this Section by Public Act 100-23 are

 

 

HB4099- 24 -LRB103 32596 RPS 62211 b

1applicable without regard to whether the employee was in
2active service on or after July 6, 2017 (the effective date of
3Public Act 100-23).
4    (f) The initial survivor's or widow's annuity of an
5otherwise eligible survivor or widow of a retired member or
6participant who first became a member or participant on or
7after January 1, 2011 shall be in the amount of 66 2/3% of the
8retired member's or participant's retirement annuity at the
9date of death. In the case of the death of a member or
10participant who has not retired and who first became a member
11or participant on or after January 1, 2011, eligibility for a
12survivor's or widow's annuity shall be determined by the
13applicable Article of this Code. The initial benefit shall be
1466 2/3% of the earned annuity without a reduction due to age. A
15child's annuity of an otherwise eligible child shall be in the
16amount prescribed under each Article if applicable. Any
17survivor's or widow's annuity shall be increased (1) on each
18January 1 occurring on or after the commencement of the
19annuity if the deceased member died while receiving a
20retirement annuity or (2) in other cases, on each January 1
21occurring after the first anniversary of the commencement of
22the annuity. Each annual increase shall be calculated at 3% or
23one-half the annual unadjusted percentage increase (but not
24less than zero) in the consumer price index-u for the 12 months
25ending with the September preceding each November 1, whichever
26is less, of the originally granted survivor's annuity. If the

 

 

HB4099- 25 -LRB103 32596 RPS 62211 b

1annual unadjusted percentage change in the consumer price
2index-u for the 12 months ending with the September preceding
3each November 1 is zero or there is a decrease, then the
4annuity shall not be increased.
5    (g) The benefits in Section 14-110 apply only if the
6person is a State policeman, a fire fighter in the fire
7protection service of a department, a conservation police
8officer, an investigator for the Secretary of State, an arson
9investigator, a Commerce Commission police officer,
10investigator for the Department of Revenue or the Illinois
11Gaming Board, a security employee of the Department of
12Corrections or the Department of Juvenile Justice, or a
13security employee of the Department of Innovation and
14Technology, as those terms are defined in subsection (b) and
15subsection (c) of Section 14-110. A person who meets the
16requirements of this Section is entitled to an annuity
17calculated under the provisions of Section 14-110, in lieu of
18the regular or minimum retirement annuity, only if the person
19has withdrawn from service with not less than 20 years of
20eligible creditable service and has attained age 60,
21regardless of whether the attainment of age 60 occurs while
22the person is still in service.
23    (g-1) The benefits in Section 14-110 apply if the person
24is a security employee of the Department of Corrections or the
25Department of Juvenile Justice or a security employee of the
26Department of Human Services, as those terms are defined in

 

 

HB4099- 26 -LRB103 32596 RPS 62211 b

1subsection (b) and subsection (c) of Section 14-110. A person
2who meets the requirements of this Section is entitled to an
3annuity calculated under the provisions of Section 14-110, in
4lieu of the regular or minimum retirement annuity, only if the
5person has withdrawn from service with not less than 20 years
6of eligible creditable service and has attained age 55,
7regardless of whether the attainment of age 55 occurs while
8the person is still in service.
9    (h) If a person who first becomes a member or a participant
10of a retirement system or pension fund subject to this Section
11on or after January 1, 2011 is receiving a retirement annuity
12or retirement pension under that system or fund and becomes a
13member or participant under any other system or fund created
14by this Code and is employed on a full-time basis, except for
15those members or participants exempted from the provisions of
16this Section under subsection (a) of this Section, then the
17person's retirement annuity or retirement pension under that
18system or fund shall be suspended during that employment. Upon
19termination of that employment, the person's retirement
20annuity or retirement pension payments shall resume and be
21recalculated if recalculation is provided for under the
22applicable Article of this Code.
23    If a person who first becomes a member of a retirement
24system or pension fund subject to this Section on or after
25January 1, 2012 and is receiving a retirement annuity or
26retirement pension under that system or fund and accepts on a

 

 

HB4099- 27 -LRB103 32596 RPS 62211 b

1contractual basis a position to provide services to a
2governmental entity from which he or she has retired, then
3that person's annuity or retirement pension earned as an
4active employee of the employer shall be suspended during that
5contractual service. A person receiving an annuity or
6retirement pension under this Code shall notify the pension
7fund or retirement system from which he or she is receiving an
8annuity or retirement pension, as well as his or her
9contractual employer, of his or her retirement status before
10accepting contractual employment. A person who fails to submit
11such notification shall be guilty of a Class A misdemeanor and
12required to pay a fine of $1,000. Upon termination of that
13contractual employment, the person's retirement annuity or
14retirement pension payments shall resume and, if appropriate,
15be recalculated under the applicable provisions of this Code.
16    (i) (Blank).
17    (j) In the case of a conflict between the provisions of
18this Section and any other provision of this Code, the
19provisions of this Section shall control.
20(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
21102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-813, eff.
225-13-22.)
 
23    (Text of Section from P.A. 102-956)
24    Sec. 1-160. Provisions applicable to new hires.
25    (a) The provisions of this Section apply to a person who,

 

 

HB4099- 28 -LRB103 32596 RPS 62211 b

1on or after January 1, 2011, first becomes a member or a
2participant under any reciprocal retirement system or pension
3fund established under this Code, other than a retirement
4system or pension fund established under Article 2, 3, 4, 5, 6,
57, 15, or 18 of this Code, notwithstanding any other provision
6of this Code to the contrary, but do not apply to any
7self-managed plan established under this Code or to any
8participant of the retirement plan established under Section
922-101; except that this Section applies to a person who
10elected to establish alternative credits by electing in
11writing after January 1, 2011, but before August 8, 2011,
12under Section 7-145.1 of this Code. Notwithstanding anything
13to the contrary in this Section, for purposes of this Section,
14a person who is a Tier 1 regular employee as defined in Section
157-109.4 of this Code or who participated in a retirement
16system under Article 15 prior to January 1, 2011 shall be
17deemed a person who first became a member or participant prior
18to January 1, 2011 under any retirement system or pension fund
19subject to this Section. The changes made to this Section by
20Public Act 98-596 are a clarification of existing law and are
21intended to be retroactive to January 1, 2011 (the effective
22date of Public Act 96-889), notwithstanding the provisions of
23Section 1-103.1 of this Code.
24    This Section does not apply to a person who first becomes a
25noncovered employee under Article 14 on or after the
26implementation date of the plan created under Section 1-161

 

 

HB4099- 29 -LRB103 32596 RPS 62211 b

1for that Article, unless that person elects under subsection
2(b) of Section 1-161 to instead receive the benefits provided
3under this Section and the applicable provisions of that
4Article.
5    This Section does not apply to a person who first becomes a
6member or participant under Article 16 on or after the
7implementation date of the plan created under Section 1-161
8for that Article, unless that person elects under subsection
9(b) of Section 1-161 to instead receive the benefits provided
10under this Section and the applicable provisions of that
11Article.
12    This Section does not apply to a person who elects under
13subsection (c-5) of Section 1-161 to receive the benefits
14under Section 1-161.
15    This Section does not apply to a person who first becomes a
16member or participant of an affected pension fund on or after 6
17months after the resolution or ordinance date, as defined in
18Section 1-162, unless that person elects under subsection (c)
19of Section 1-162 to receive the benefits provided under this
20Section and the applicable provisions of the Article under
21which he or she is a member or participant.
22    (b) "Final average salary" means, except as otherwise
23provided in this subsection, the average monthly (or annual)
24salary obtained by dividing the total salary or earnings
25calculated under the Article applicable to the member or
26participant during the 96 consecutive months (or 8 consecutive

 

 

HB4099- 30 -LRB103 32596 RPS 62211 b

1years) of service within the last 120 months (or 10 years) of
2service in which the total salary or earnings calculated under
3the applicable Article was the highest by the number of months
4(or years) of service in that period. For the purposes of a
5person who first becomes a member or participant of any
6retirement system or pension fund to which this Section
7applies on or after January 1, 2011, in this Code, "final
8average salary" shall be substituted for the following:
9        (1) (Blank).
10        (2) In Articles 8, 9, 10, 11, and 12, "highest average
11    annual salary for any 4 consecutive years within the last
12    10 years of service immediately preceding the date of
13    withdrawal".
14        (3) In Article 13, "average final salary".
15        (4) In Article 14, "final average compensation".
16        (5) In Article 17, "average salary".
17        (6) In Section 22-207, "wages or salary received by
18    him at the date of retirement or discharge".
19    A member of the Teachers' Retirement System of the State
20of Illinois who retires on or after June 1, 2021 and for whom
21the 2020-2021 school year is used in the calculation of the
22member's final average salary shall use the higher of the
23following for the purpose of determining the member's final
24average salary:
25        (A) the amount otherwise calculated under the first
26    paragraph of this subsection; or

 

 

HB4099- 31 -LRB103 32596 RPS 62211 b

1        (B) an amount calculated by the Teachers' Retirement
2    System of the State of Illinois using the average of the
3    monthly (or annual) salary obtained by dividing the total
4    salary or earnings calculated under Article 16 applicable
5    to the member or participant during the 96 months (or 8
6    years) of service within the last 120 months (or 10 years)
7    of service in which the total salary or earnings
8    calculated under the Article was the highest by the number
9    of months (or years) of service in that period.
10    (b-5) Beginning on January 1, 2011, for all purposes under
11this Code (including without limitation the calculation of
12benefits and employee contributions), the annual earnings,
13salary, or wages (based on the plan year) of a member or
14participant to whom this Section applies shall not exceed
15$106,800; however, that amount shall annually thereafter be
16increased by the lesser of (i) 3% of that amount, including all
17previous adjustments, or (ii) one-half the annual unadjusted
18percentage increase (but not less than zero) in the consumer
19price index-u for the 12 months ending with the September
20preceding each November 1, including all previous adjustments.
21    For the purposes of this Section, "consumer price index-u"
22means the index published by the Bureau of Labor Statistics of
23the United States Department of Labor that measures the
24average change in prices of goods and services purchased by
25all urban consumers, United States city average, all items,
261982-84 = 100. The new amount resulting from each annual

 

 

HB4099- 32 -LRB103 32596 RPS 62211 b

1adjustment shall be determined by the Public Pension Division
2of the Department of Insurance and made available to the
3boards of the retirement systems and pension funds by November
41 of each year.
5    (c) A member or participant is entitled to a retirement
6annuity upon written application if he or she has attained age
767 (age 65, with respect to service under Article 12 that is
8subject to this Section, for a member or participant under
9Article 12 who first becomes a member or participant under
10Article 12 on or after January 1, 2022 or who makes the
11election under item (i) of subsection (d-15) of this Section)
12and has at least 10 years of service credit and is otherwise
13eligible under the requirements of the applicable Article.
14    A member or participant who has attained age 62 (age 60,
15with respect to service under Article 12 that is subject to
16this Section, for a member or participant under Article 12 who
17first becomes a member or participant under Article 12 on or
18after January 1, 2022 or who makes the election under item (i)
19of subsection (d-15) of this Section) and has at least 10 years
20of service credit and is otherwise eligible under the
21requirements of the applicable Article may elect to receive
22the lower retirement annuity provided in subsection (d) of
23this Section.
24    (c-5) A person who first becomes a member or a participant
25subject to this Section on or after July 6, 2017 (the effective
26date of Public Act 100-23), notwithstanding any other

 

 

HB4099- 33 -LRB103 32596 RPS 62211 b

1provision of this Code to the contrary, is entitled to a
2retirement annuity under Article 8 or Article 11 upon written
3application if he or she has attained age 65 and has at least
410 years of service credit and is otherwise eligible under the
5requirements of Article 8 or Article 11 of this Code,
6whichever is applicable.
7    (d) The retirement annuity of a member or participant who
8is retiring after attaining age 62 (age 60, with respect to
9service under Article 12 that is subject to this Section, for a
10member or participant under Article 12 who first becomes a
11member or participant under Article 12 on or after January 1,
122022 or who makes the election under item (i) of subsection
13(d-15) of this Section) with at least 10 years of service
14credit shall be reduced by one-half of 1% for each full month
15that the member's age is under age 67 (age 65, with respect to
16service under Article 12 that is subject to this Section, for a
17member or participant under Article 12 who first becomes a
18member or participant under Article 12 on or after January 1,
192022 or who makes the election under item (i) of subsection
20(d-15) of this Section).
21    (d-5) The retirement annuity payable under Article 8 or
22Article 11 to an eligible person subject to subsection (c-5)
23of this Section who is retiring at age 60 with at least 10
24years of service credit shall be reduced by one-half of 1% for
25each full month that the member's age is under age 65.
26    (d-10) Each person who first became a member or

 

 

HB4099- 34 -LRB103 32596 RPS 62211 b

1participant under Article 8 or Article 11 of this Code on or
2after January 1, 2011 and prior to July 6, 2017 (the effective
3date of Public Act 100-23) shall make an irrevocable election
4either:
5        (i) to be eligible for the reduced retirement age
6    provided in subsections (c-5) and (d-5) of this Section,
7    the eligibility for which is conditioned upon the member
8    or participant agreeing to the increases in employee
9    contributions for age and service annuities provided in
10    subsection (a-5) of Section 8-174 of this Code (for
11    service under Article 8) or subsection (a-5) of Section
12    11-170 of this Code (for service under Article 11); or
13        (ii) to not agree to item (i) of this subsection
14    (d-10), in which case the member or participant shall
15    continue to be subject to the retirement age provisions in
16    subsections (c) and (d) of this Section and the employee
17    contributions for age and service annuity as provided in
18    subsection (a) of Section 8-174 of this Code (for service
19    under Article 8) or subsection (a) of Section 11-170 of
20    this Code (for service under Article 11).
21    The election provided for in this subsection shall be made
22between October 1, 2017 and November 15, 2017. A person
23subject to this subsection who makes the required election
24shall remain bound by that election. A person subject to this
25subsection who fails for any reason to make the required
26election within the time specified in this subsection shall be

 

 

HB4099- 35 -LRB103 32596 RPS 62211 b

1deemed to have made the election under item (ii).
2    (d-15) Each person who first becomes a member or
3participant under Article 12 on or after January 1, 2011 and
4prior to January 1, 2022 shall make an irrevocable election
5either:
6        (i) to be eligible for the reduced retirement age
7    specified in subsections (c) and (d) of this Section, the
8    eligibility for which is conditioned upon the member or
9    participant agreeing to the increase in employee
10    contributions for service annuities specified in
11    subsection (b) of Section 12-150; or
12        (ii) to not agree to item (i) of this subsection
13    (d-15), in which case the member or participant shall not
14    be eligible for the reduced retirement age specified in
15    subsections (c) and (d) of this Section and shall not be
16    subject to the increase in employee contributions for
17    service annuities specified in subsection (b) of Section
18    12-150.
19    The election provided for in this subsection shall be made
20between January 1, 2022 and April 1, 2022. A person subject to
21this subsection who makes the required election shall remain
22bound by that election. A person subject to this subsection
23who fails for any reason to make the required election within
24the time specified in this subsection shall be deemed to have
25made the election under item (ii).
26    (e) Any retirement annuity or supplemental annuity shall

 

 

HB4099- 36 -LRB103 32596 RPS 62211 b

1be subject to annual increases on the January 1 occurring
2either on or after the attainment of age 67 (age 65, with
3respect to service under Article 12 that is subject to this
4Section, for a member or participant under Article 12 who
5first becomes a member or participant under Article 12 on or
6after January 1, 2022 or who makes the election under item (i)
7of subsection (d-15); and beginning on July 6, 2017 (the
8effective date of Public Act 100-23), age 65 with respect to
9service under Article 8 or Article 11 for eligible persons
10who: (i) are subject to subsection (c-5) of this Section; or
11(ii) made the election under item (i) of subsection (d-10) of
12this Section) or the first anniversary of the annuity start
13date, whichever is later. Each annual increase shall be
14calculated at 3% or one-half the annual unadjusted percentage
15increase (but not less than zero) in the consumer price
16index-u for the 12 months ending with the September preceding
17each November 1, whichever is less, of the originally granted
18retirement annuity. If the annual unadjusted percentage change
19in the consumer price index-u for the 12 months ending with the
20September preceding each November 1 is zero or there is a
21decrease, then the annuity shall not be increased.
22    For the purposes of Section 1-103.1 of this Code, the
23changes made to this Section by Public Act 102-263 are
24applicable without regard to whether the employee was in
25active service on or after August 6, 2021 (the effective date
26of Public Act 102-263).

 

 

HB4099- 37 -LRB103 32596 RPS 62211 b

1    For the purposes of Section 1-103.1 of this Code, the
2changes made to this Section by Public Act 100-23 are
3applicable without regard to whether the employee was in
4active service on or after July 6, 2017 (the effective date of
5Public Act 100-23).
6    (f) The initial survivor's or widow's annuity of an
7otherwise eligible survivor or widow of a retired member or
8participant who first became a member or participant on or
9after January 1, 2011 shall be in the amount of 66 2/3% of the
10retired member's or participant's retirement annuity at the
11date of death. In the case of the death of a member or
12participant who has not retired and who first became a member
13or participant on or after January 1, 2011, eligibility for a
14survivor's or widow's annuity shall be determined by the
15applicable Article of this Code. The initial benefit shall be
1666 2/3% of the earned annuity without a reduction due to age. A
17child's annuity of an otherwise eligible child shall be in the
18amount prescribed under each Article if applicable. Any
19survivor's or widow's annuity shall be increased (1) on each
20January 1 occurring on or after the commencement of the
21annuity if the deceased member died while receiving a
22retirement annuity or (2) in other cases, on each January 1
23occurring after the first anniversary of the commencement of
24the annuity. Each annual increase shall be calculated at 3% or
25one-half the annual unadjusted percentage increase (but not
26less than zero) in the consumer price index-u for the 12 months

 

 

HB4099- 38 -LRB103 32596 RPS 62211 b

1ending with the September preceding each November 1, whichever
2is less, of the originally granted survivor's annuity. If the
3annual unadjusted percentage change in the consumer price
4index-u for the 12 months ending with the September preceding
5each November 1 is zero or there is a decrease, then the
6annuity shall not be increased.
7    (g) The benefits in Section 14-110 apply only if the
8person is a State policeman, a fire fighter in the fire
9protection service of a department, a conservation police
10officer, an investigator for the Secretary of State, an
11investigator for the Office of the Attorney General, an arson
12investigator, a Commerce Commission police officer,
13investigator for the Department of Revenue or the Illinois
14Gaming Board, a security employee of the Department of
15Corrections or the Department of Juvenile Justice, or a
16security employee of the Department of Innovation and
17Technology, as those terms are defined in subsection (b) and
18subsection (c) of Section 14-110. A person who meets the
19requirements of this Section is entitled to an annuity
20calculated under the provisions of Section 14-110, in lieu of
21the regular or minimum retirement annuity, only if the person
22has withdrawn from service with not less than 20 years of
23eligible creditable service and has attained age 60,
24regardless of whether the attainment of age 60 occurs while
25the person is still in service.
26    (g-1) The benefits in Section 14-110 apply if the person

 

 

HB4099- 39 -LRB103 32596 RPS 62211 b

1is a security employee of the Department of Corrections or the
2Department of Juvenile Justice or a security employee of the
3Department of Human Services, as those terms are defined in
4subsection (b) and subsection (c) of Section 14-110. A person
5who meets the requirements of this Section is entitled to an
6annuity calculated under the provisions of Section 14-110, in
7lieu of the regular or minimum retirement annuity, only if the
8person has withdrawn from service with not less than 20 years
9of eligible creditable service and has attained age 55,
10regardless of whether the attainment of age 55 occurs while
11the person is still in service.
12    (h) If a person who first becomes a member or a participant
13of a retirement system or pension fund subject to this Section
14on or after January 1, 2011 is receiving a retirement annuity
15or retirement pension under that system or fund and becomes a
16member or participant under any other system or fund created
17by this Code and is employed on a full-time basis, except for
18those members or participants exempted from the provisions of
19this Section under subsection (a) of this Section, then the
20person's retirement annuity or retirement pension under that
21system or fund shall be suspended during that employment. Upon
22termination of that employment, the person's retirement
23annuity or retirement pension payments shall resume and be
24recalculated if recalculation is provided for under the
25applicable Article of this Code.
26    If a person who first becomes a member of a retirement

 

 

HB4099- 40 -LRB103 32596 RPS 62211 b

1system or pension fund subject to this Section on or after
2January 1, 2012 and is receiving a retirement annuity or
3retirement pension under that system or fund and accepts on a
4contractual basis a position to provide services to a
5governmental entity from which he or she has retired, then
6that person's annuity or retirement pension earned as an
7active employee of the employer shall be suspended during that
8contractual service. A person receiving an annuity or
9retirement pension under this Code shall notify the pension
10fund or retirement system from which he or she is receiving an
11annuity or retirement pension, as well as his or her
12contractual employer, of his or her retirement status before
13accepting contractual employment. A person who fails to submit
14such notification shall be guilty of a Class A misdemeanor and
15required to pay a fine of $1,000. Upon termination of that
16contractual employment, the person's retirement annuity or
17retirement pension payments shall resume and, if appropriate,
18be recalculated under the applicable provisions of this Code.
19    (i) (Blank).
20    (j) In the case of a conflict between the provisions of
21this Section and any other provision of this Code, the
22provisions of this Section shall control.
23(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
24102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-956, eff.
255-27-22.)
 

 

 

HB4099- 41 -LRB103 32596 RPS 62211 b

1    (40 ILCS 5/3-111)  (from Ch. 108 1/2, par. 3-111)
2    Sec. 3-111. Pension.
3    (a) A police officer age 50 or more with 20 or more years
4of creditable service, who is not a participant in the
5self-managed plan under Section 3-109.3 and who is no longer
6in service as a police officer, shall receive a pension of 1/2
7of the salary attached to the rank held by the officer on the
8police force for one year immediately prior to retirement or,
9beginning July 1, 1987 for persons terminating service on or
10after that date, the salary attached to the rank held on the
11last day of service or for one year prior to the last day,
12whichever is greater. The pension shall be increased by 2.5%
13of such salary for each additional year of service over 20
14years of service through 30 years of service, to a maximum of
1575% of such salary.
16    The changes made to this subsection (a) by this amendatory
17Act of the 91st General Assembly apply to all pensions that
18become payable under this subsection on or after January 1,
191999. All pensions payable under this subsection that began on
20or after January 1, 1999 and before the effective date of this
21amendatory Act shall be recalculated, and the amount of the
22increase accruing for that period shall be payable to the
23pensioner in a lump sum.
24    (a-5) No pension in effect on or granted after June 30,
251973 shall be less than $200 per month. Beginning July 1, 1987,
26the minimum retirement pension for a police officer having at

 

 

HB4099- 42 -LRB103 32596 RPS 62211 b

1least 20 years of creditable service shall be $400 per month,
2without regard to whether or not retirement occurred prior to
3that date. If the minimum pension established in Section
43-113.1 is greater than the minimum provided in this
5subsection, the Section 3-113.1 minimum controls.
6    (b) A police officer mandatorily retired from service due
7to age by operation of law, having at least 8 but less than 20
8years of creditable service, shall receive a pension equal to
92 1/2% of the salary attached to the rank he or she held on the
10police force for one year immediately prior to retirement or,
11beginning July 1, 1987 for persons terminating service on or
12after that date, the salary attached to the rank held on the
13last day of service or for one year prior to the last day,
14whichever is greater, for each year of creditable service.
15    A police officer who retires or is separated from service
16having at least 8 years but less than 20 years of creditable
17service, who is not mandatorily retired due to age by
18operation of law, and who does not apply for a refund of
19contributions at his or her last separation from police
20service, shall receive a pension upon attaining age 60 equal
21to 2.5% of the salary attached to the rank held by the police
22officer on the police force for one year immediately prior to
23retirement or, beginning July 1, 1987 for persons terminating
24service on or after that date, the salary attached to the rank
25held on the last day of service or for one year prior to the
26last day, whichever is greater, for each year of creditable

 

 

HB4099- 43 -LRB103 32596 RPS 62211 b

1service.
2    (c) A police officer no longer in service who has at least
3one but less than 8 years of creditable service in a police
4pension fund but meets the requirements of this subsection (c)
5shall be eligible to receive a pension from that fund equal to
62.5% of the salary attached to the rank held on the last day of
7service under that fund or for one year prior to that last day,
8whichever is greater, for each year of creditable service in
9that fund. The pension shall begin no earlier than upon
10attainment of age 60 (or upon mandatory retirement from the
11fund by operation of law due to age, if that occurs before age
1260) and in no event before the effective date of this
13amendatory Act of 1997.
14    In order to be eligible for a pension under this
15subsection (c), the police officer must have at least 8 years
16of creditable service in a second police pension fund under
17this Article and be receiving a pension under subsection (a)
18or (b) of this Section from that second fund. The police
19officer need not be in service on or after the effective date
20of this amendatory Act of 1997.
21    (d) Notwithstanding any other provision of this Article,
22the provisions of this subsection (d) apply to a person who is
23not a participant in the self-managed plan under Section
243-109.3 and who first becomes a police officer under this
25Article on or after January 1, 2011.
26    A police officer age 55 or more who has 10 or more years of

 

 

HB4099- 44 -LRB103 32596 RPS 62211 b

1service in that capacity shall be entitled at his option to
2receive a monthly pension for his service as a police officer
3computed by multiplying 2.5% for each year of such service by
4his or her final average salary.
5    The pension of a police officer who is retiring after
6attaining age 50 with 10 or more years but less than 20 years
7of creditable service shall be reduced by one-half of 1% for
8each month that the police officer's age is under age 55.
9    The pension of a police officer who is retiring after
10attaining age 50 with 20 or more years of creditable service
11shall not be reduced.
12    The maximum pension under this subsection (d) shall be 75%
13of final average salary.
14    For the purposes of this subsection (d), "final average
15salary" means the greater of: (i) the average monthly salary
16obtained by dividing the total salary of the police officer
17during the 48 consecutive months of service within the last 60
18months of service in which the total salary was the highest by
19the number of months of service in that period; or (ii) the
20average monthly salary obtained by dividing the total salary
21of the police officer during the 96 consecutive months of
22service within the last 120 months of service in which the
23total salary was the highest by the number of months of service
24in that period.
25    Beginning on January 1, 2011, for all purposes under this
26Code (including without limitation the calculation of benefits

 

 

HB4099- 45 -LRB103 32596 RPS 62211 b

1and employee contributions), the annual salary based on the
2plan year of a member or participant to whom this Section
3applies shall not exceed $106,800; however, that amount shall
4annually thereafter be increased by the lesser of (i) 3% of
5that amount, including all previous adjustments, or (ii) the
6annual unadjusted percentage increase (but not less than zero)
7in the consumer price index-u for the 12 months ending with the
8September preceding each November 1, including all previous
9adjustments.
10    Nothing in this amendatory Act of the 101st General
11Assembly shall cause or otherwise result in any retroactive
12adjustment of any employee contributions.
13(Source: P.A. 101-610, eff. 1-1-20.)
 
14    (40 ILCS 5/3-111.1)  (from Ch. 108 1/2, par. 3-111.1)
15    Sec. 3-111.1. Increase in pension.
16    (a) Except as provided in subsection (e), the monthly
17pension of a police officer who retires after July 1, 1971, and
18prior to January 1, 1986, shall be increased, upon either the
19first of the month following the first anniversary of the date
20of retirement if the officer is 60 years of age or over at
21retirement date, or upon the first day of the month following
22attainment of age 60 if it occurs after the first anniversary
23of retirement, by 3% of the originally granted pension and by
24an additional 3% of the originally granted pension in January
25of each year thereafter.

 

 

HB4099- 46 -LRB103 32596 RPS 62211 b

1    (b) The monthly pension of a police officer who retired
2from service with 20 or more years of service, on or before
3July 1, 1971, shall be increased in January of the year
4following the year of attaining age 65 or in January of 1972,
5if then over age 65, by 3% of the originally granted pension
6for each year the police officer received pension payments. In
7each January thereafter, he or she shall receive an additional
8increase of 3% of the original pension.
9    (c) The monthly pension of a police officer who retires on
10disability or is retired for disability shall be increased in
11January of the year following the year of attaining age 60, by
123% of the original grant of pension for each year he or she
13received pension payments. In each January thereafter, the
14police officer shall receive an additional increase of 3% of
15the original pension.
16    (d) The monthly pension of a police officer who retires
17after January 1, 1986, shall be increased, upon either the
18first of the month following the first anniversary of the date
19of retirement if the officer is 55 years of age or over, or
20upon the first day of the month following attainment of age 55
21if it occurs after the first anniversary of retirement, by
221/12 of 3% of the originally granted pension for each full
23month that has elapsed since the pension began, and by an
24additional 3% of the originally granted pension in January of
25each year thereafter.
26    The changes made to this subsection (d) by this amendatory

 

 

HB4099- 47 -LRB103 32596 RPS 62211 b

1Act of the 91st General Assembly apply to all initial
2increases that become payable under this subsection on or
3after January 1, 1999. All initial increases that became
4payable under this subsection on or after January 1, 1999 and
5before the effective date of this amendatory Act shall be
6recalculated and the additional amount accruing for that
7period, if any, shall be payable to the pensioner in a lump
8sum.
9    (e) Notwithstanding the provisions of subsection (a), upon
10the first day of the month following (1) the first anniversary
11of the date of retirement, or (2) the attainment of age 55, or
12(3) July 1, 1987, whichever occurs latest, the monthly pension
13of a police officer who retired on or after January 1, 1977 and
14on or before January 1, 1986, and did not receive an increase
15under subsection (a) before July 1, 1987, shall be increased
16by 3% of the originally granted monthly pension for each full
17year that has elapsed since the pension began, and by an
18additional 3% of the originally granted pension in each
19January thereafter. The increases provided under this
20subsection are in lieu of the increases provided in subsection
21(a).
22    (f) Notwithstanding the other provisions of this Section,
23beginning with increases granted on or after July 1, 1993, the
24second and all subsequent automatic annual increases granted
25under subsection (a), (b), (d), or (e) of this Section shall be
26calculated as 3% of the amount of pension payable at the time

 

 

HB4099- 48 -LRB103 32596 RPS 62211 b

1of the increase, including any increases previously granted
2under this Section, rather than 3% of the originally granted
3pension amount. Section 1-103.1 does not apply to this
4subsection (f).
5    (g) Notwithstanding any other provision of this Article,
6the monthly pension of a person who first becomes a police
7officer under this Article on or after January 1, 2011 shall be
8increased on the January 1 occurring either on or after the
9attainment of age 55 60 or the first anniversary of the pension
10start date, whichever is later. Each annual increase shall be
11calculated at 3% or one-half the annual unadjusted percentage
12increase (but not less than zero) in the consumer price
13index-u for the 12 months ending with the September preceding
14each November 1, whichever is less, of the originally granted
15pension. If the annual unadjusted percentage change in the
16consumer price index-u for a 12-month period ending in
17September is zero or, when compared with the preceding period,
18decreases, then the pension shall not be increased.
19    For the purposes of this subsection (g), "consumer price
20index-u" means the index published by the Bureau of Labor
21Statistics of the United States Department of Labor that
22measures the average change in prices of goods and services
23purchased by all urban consumers, United States city average,
24all items, 1982-84 = 100. The new amount resulting from each
25annual adjustment shall be determined by the Public Pension
26Division of the Department of Insurance and made available to

 

 

HB4099- 49 -LRB103 32596 RPS 62211 b

1the boards of the pension funds.
2(Source: P.A. 96-1495, eff. 1-1-11.)
 
3    (40 ILCS 5/4-109)  (from Ch. 108 1/2, par. 4-109)
4    Sec. 4-109. Pension.
5    (a) A firefighter age 50 or more with 20 or more years of
6creditable service, who is no longer in service as a
7firefighter, shall receive a monthly pension of 1/2 the
8monthly salary attached to the rank held by him or her in the
9fire service at the date of retirement.
10    The monthly pension shall be increased by 1/12 of 2.5% of
11such monthly salary for each additional month over 20 years of
12service through 30 years of service, to a maximum of 75% of
13such monthly salary.
14    The changes made to this subsection (a) by this amendatory
15Act of the 91st General Assembly apply to all pensions that
16become payable under this subsection on or after January 1,
171999. All pensions payable under this subsection that began on
18or after January 1, 1999 and before the effective date of this
19amendatory Act shall be recalculated, and the amount of the
20increase accruing for that period shall be payable to the
21pensioner in a lump sum.
22    (b) A firefighter who retires or is separated from service
23having at least 10 but less than 20 years of creditable
24service, who is not entitled to receive a disability pension,
25and who did not apply for a refund of contributions at his or

 

 

HB4099- 50 -LRB103 32596 RPS 62211 b

1her last separation from service shall receive a monthly
2pension upon attainment of age 60 based on the monthly salary
3attached to his or her rank in the fire service on the date of
4retirement or separation from service according to the
5following schedule:
6    For 10 years of service, 15% of salary;
7    For 11 years of service, 17.6% of salary;
8    For 12 years of service, 20.4% of salary;
9    For 13 years of service, 23.4% of salary;
10    For 14 years of service, 26.6% of salary;
11    For 15 years of service, 30% of salary;
12    For 16 years of service, 33.6% of salary;
13    For 17 years of service, 37.4% of salary;
14    For 18 years of service, 41.4% of salary;
15    For 19 years of service, 45.6% of salary.
16    (c) Notwithstanding any other provision of this Article,
17the provisions of this subsection (c) apply to a person who
18first becomes a firefighter under this Article on or after
19January 1, 2011.
20    A firefighter age 55 or more who has 10 or more years of
21service in that capacity shall be entitled at his option to
22receive a monthly pension for his service as a firefighter
23computed by multiplying 2.5% for each year of such service by
24his or her final average salary.
25    The pension of a firefighter who is retiring after
26attaining age 50 with 10 or more years but less than 20 years

 

 

HB4099- 51 -LRB103 32596 RPS 62211 b

1of creditable service shall be reduced by one-half of 1% for
2each month that the firefighter's age is under age 55.
3    The pension of a firefighter who is retiring after
4attaining age 50 with 20 or more years of creditable service
5shall not be reduced.
6    The maximum pension under this subsection (c) shall be 75%
7of final average salary.
8    For the purposes of this subsection (c), "final average
9salary" means the greater of: (i) the average monthly salary
10obtained by dividing the total salary of the firefighter
11during the 48 consecutive months of service within the last 60
12months of service in which the total salary was the highest by
13the number of months of service in that period; or (ii) the
14average monthly salary obtained by dividing the total salary
15of the firefighter during the 96 consecutive months of service
16within the last 120 months of service in which the total salary
17was the highest by the number of months of service in that
18period.
19    Beginning on January 1, 2011, for all purposes under this
20Code (including without limitation the calculation of benefits
21and employee contributions), the annual salary based on the
22plan year of a member or participant to whom this Section
23applies shall not exceed $106,800; however, that amount shall
24annually thereafter be increased by the lesser of (i) 3% of
25that amount, including all previous adjustments, or (ii) the
26annual unadjusted percentage increase (but not less than zero)

 

 

HB4099- 52 -LRB103 32596 RPS 62211 b

1in the consumer price index-u for the 12 months ending with the
2September preceding each November 1, including all previous
3adjustments.
4    Nothing in this amendatory Act of the 101st General
5Assembly shall cause or otherwise result in any retroactive
6adjustment of any employee contributions.
7(Source: P.A. 101-610, eff. 1-1-20.)
 
8    (40 ILCS 5/4-109.1)  (from Ch. 108 1/2, par. 4-109.1)
9    Sec. 4-109.1. Increase in pension.
10    (a) Except as provided in subsection (e), the monthly
11pension of a firefighter who retires after July 1, 1971 and
12prior to January 1, 1986, shall, upon either the first of the
13month following the first anniversary of the date of
14retirement if 60 years of age or over at retirement date, or
15upon the first day of the month following attainment of age 60
16if it occurs after the first anniversary of retirement, be
17increased by 2% of the originally granted monthly pension and
18by an additional 2% in each January thereafter. Effective
19January 1976, the rate of the annual increase shall be 3% of
20the originally granted monthly pension.
21    (b) The monthly pension of a firefighter who retired from
22service with 20 or more years of service, on or before July 1,
231971, shall be increased, in January of the year following the
24year of attaining age 65 or in January 1972, if then over age
2565, by 2% of the originally granted monthly pension, for each

 

 

HB4099- 53 -LRB103 32596 RPS 62211 b

1year the firefighter received pension payments. In each
2January thereafter, he or she shall receive an additional
3increase of 2% of the original monthly pension. Effective
4January 1976, the rate of the annual increase shall be 3%.
5    (c) The monthly pension of a firefighter who is receiving
6a disability pension under this Article shall be increased, in
7January of the year following the year the firefighter attains
8age 60, or in January 1974, if then over age 60, by 2% of the
9originally granted monthly pension for each year he or she
10received pension payments. In each January thereafter, the
11firefighter shall receive an additional increase of 2% of the
12original monthly pension. Effective January 1976, the rate of
13the annual increase shall be 3%.
14    (c-1) On January 1, 1998, every child's disability benefit
15payable on that date under Section 4-110 or 4-110.1 shall be
16increased by an amount equal to 1/12 of 3% of the amount of the
17benefit, multiplied by the number of months for which the
18benefit has been payable. On each January 1 thereafter, every
19child's disability benefit payable under Section 4-110 or
204-110.1 shall be increased by 3% of the amount of the benefit
21then being paid, including any previous increases received
22under this Article. These increases are not subject to any
23limitation on the maximum benefit amount included in Section
244-110 or 4-110.1.
25    (c-2) On July 1, 2004, every pension payable to or on
26behalf of a minor or disabled surviving child that is payable

 

 

HB4099- 54 -LRB103 32596 RPS 62211 b

1on that date under Section 4-114 shall be increased by an
2amount equal to 1/12 of 3% of the amount of the pension,
3multiplied by the number of months for which the benefit has
4been payable. On July 1, 2005, July 1, 2006, July 1, 2007, and
5July 1, 2008, every pension payable to or on behalf of a minor
6or disabled surviving child that is payable under Section
74-114 shall be increased by 3% of the amount of the pension
8then being paid, including any previous increases received
9under this Article. These increases are not subject to any
10limitation on the maximum benefit amount included in Section
114-114.
12    (d) The monthly pension of a firefighter who retires after
13January 1, 1986, shall, upon either the first of the month
14following the first anniversary of the date of retirement if
1555 years of age or over, or upon the first day of the month
16following attainment of age 55 if it occurs after the first
17anniversary of retirement, be increased by 1/12 of 3% of the
18originally granted monthly pension for each full month that
19has elapsed since the pension began, and by an additional 3% in
20each January thereafter.
21    The changes made to this subsection (d) by this amendatory
22Act of the 91st General Assembly apply to all initial
23increases that become payable under this subsection on or
24after January 1, 1999. All initial increases that became
25payable under this subsection on or after January 1, 1999 and
26before the effective date of this amendatory Act shall be

 

 

HB4099- 55 -LRB103 32596 RPS 62211 b

1recalculated and the additional amount accruing for that
2period, if any, shall be payable to the pensioner in a lump
3sum.
4    (e) Notwithstanding the provisions of subsection (a), upon
5the first day of the month following (1) the first anniversary
6of the date of retirement, or (2) the attainment of age 55, or
7(3) July 1, 1987, whichever occurs latest, the monthly pension
8of a firefighter who retired on or after January 1, 1977 and on
9or before January 1, 1986 and did not receive an increase under
10subsection (a) before July 1, 1987, shall be increased by 3% of
11the originally granted monthly pension for each full year that
12has elapsed since the pension began, and by an additional 3% in
13each January thereafter. The increases provided under this
14subsection are in lieu of the increases provided in subsection
15(a).
16    (f) In July 2009, the monthly pension of a firefighter who
17retired before July 1, 1977 shall be recalculated and
18increased to reflect the amount that the firefighter would
19have received in July 2009 had the firefighter been receiving
20a 3% compounded increase for each year he or she received
21pension payments after January 1, 1986, plus any increases in
22pension received for each year prior to January 1, 1986. In
23each January thereafter, he or she shall receive an additional
24increase of 3% of the amount of the pension then being paid.
25The changes made to this Section by this amendatory Act of the
2696th General Assembly apply without regard to whether the

 

 

HB4099- 56 -LRB103 32596 RPS 62211 b

1firefighter was in service on or after its effective date.
2    (g) Notwithstanding any other provision of this Article,
3the monthly pension of a person who first becomes a
4firefighter under this Article on or after January 1, 2011
5shall be increased on the January 1 occurring either on or
6after the attainment of age 55 60 or the first anniversary of
7the pension start date, whichever is later. Each annual
8increase shall be calculated at 3% or one-half the annual
9unadjusted percentage increase (but not less than zero) in the
10consumer price index-u for the 12 months ending with the
11September preceding each November 1, whichever is less, of the
12originally granted pension. If the annual unadjusted
13percentage change in the consumer price index-u for a 12-month
14period ending in September is zero or, when compared with the
15preceding period, decreases, then the pension shall not be
16increased.
17    For the purposes of this subsection (g), "consumer price
18index-u" means the index published by the Bureau of Labor
19Statistics of the United States Department of Labor that
20measures the average change in prices of goods and services
21purchased by all urban consumers, United States city average,
22all items, 1982-84 = 100. The new amount resulting from each
23annual adjustment shall be determined by the Public Pension
24Division of the Department of Insurance and made available to
25the boards of the pension funds.
26(Source: P.A. 96-775, eff. 8-28-09; 96-1495, eff. 1-1-11.)
 

 

 

HB4099- 57 -LRB103 32596 RPS 62211 b

1    (40 ILCS 5/14-152.1)
2    Sec. 14-152.1. Application and expiration of new benefit
3increases.
4    (a) As used in this Section, "new benefit increase" means
5an increase in the amount of any benefit provided under this
6Article, or an expansion of the conditions of eligibility for
7any benefit under this Article, that results from an amendment
8to this Code that takes effect after June 1, 2005 (the
9effective date of Public Act 94-4). "New benefit increase",
10however, does not include any benefit increase resulting from
11the changes made to Article 1 or this Article by Public Act
1296-37, Public Act 100-23, Public Act 100-587, Public Act
13100-611, Public Act 101-10, Public Act 101-610, Public Act
14102-210, Public Act 102-856, Public Act 102-956, or this
15amendatory Act of the 103rd General Assembly this amendatory
16Act of the 102nd General Assembly.
17    (b) Notwithstanding any other provision of this Code or
18any subsequent amendment to this Code, every new benefit
19increase is subject to this Section and shall be deemed to be
20granted only in conformance with and contingent upon
21compliance with the provisions of this Section.
22    (c) The Public Act enacting a new benefit increase must
23identify and provide for payment to the System of additional
24funding at least sufficient to fund the resulting annual
25increase in cost to the System as it accrues.

 

 

HB4099- 58 -LRB103 32596 RPS 62211 b

1    Every new benefit increase is contingent upon the General
2Assembly providing the additional funding required under this
3subsection. The Commission on Government Forecasting and
4Accountability shall analyze whether adequate additional
5funding has been provided for the new benefit increase and
6shall report its analysis to the Public Pension Division of
7the Department of Insurance. A new benefit increase created by
8a Public Act that does not include the additional funding
9required under this subsection is null and void. If the Public
10Pension Division determines that the additional funding
11provided for a new benefit increase under this subsection is
12or has become inadequate, it may so certify to the Governor and
13the State Comptroller and, in the absence of corrective action
14by the General Assembly, the new benefit increase shall expire
15at the end of the fiscal year in which the certification is
16made.
17    (d) Every new benefit increase shall expire 5 years after
18its effective date or on such earlier date as may be specified
19in the language enacting the new benefit increase or provided
20under subsection (c). This does not prevent the General
21Assembly from extending or re-creating a new benefit increase
22by law.
23    (e) Except as otherwise provided in the language creating
24the new benefit increase, a new benefit increase that expires
25under this Section continues to apply to persons who applied
26and qualified for the affected benefit while the new benefit

 

 

HB4099- 59 -LRB103 32596 RPS 62211 b

1increase was in effect and to the affected beneficiaries and
2alternate payees of such persons, but does not apply to any
3other person, including, without limitation, a person who
4continues in service after the expiration date and did not
5apply and qualify for the affected benefit while the new
6benefit increase was in effect.
7(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
8101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff.
91-1-23; 102-956, eff. 5-27-22.)
 
10    Section 90. The State Mandates Act is amended by adding
11Section 8.47 as follows:
 
12    (30 ILCS 805/8.47 new)
13    Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
148 of this Act, no reimbursement by the State is required for
15the implementation of any mandate created by this amendatory
16Act of the 103rd General Assembly.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.