093_HB0437

                                     LRB093 06407 EFG 06529 b

 1        AN ACT in relation to public employee benefits.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Pension  Code  is  amended  by
 5    changing Sections 16-106, 16-113, 16-127, 16-129.1, 16-133.2,
 6    16-136.4,  16-149.2,  16-150, 16-151, 16-182, 16-184, 16-185,
 7    and 16-186.3 as follows:

 8        (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
 9        Sec.   16-106.  Teacher.    "Teacher":   The    following
10    individuals,  provided  that, for employment prior to July 1,
11    1990, they are employed on  a  full-time  basis,  or  if  not
12    full-time,  on a permanent and continuous basis in a position
13    in which services are expected to be rendered  for  at  least
14    one school term:
15             (1)  Any  educational,  administrative, professional
16        or other staff employed  in  the  public  common  schools
17        included  within  this  system  in  a  position requiring
18        certification under the law governing  the  certification
19        of teachers;
20             (2)  Any  educational,  administrative, professional
21        or other staff employed in any facility of the Department
22        of Children and Family  Services  or  the  Department  of
23        Human  Services,  in  a  position requiring certification
24        under the law governing the  certification  of  teachers,
25        and  any  person who (i) works in such a position for the
26        Department of Corrections, (ii)  was  a  member  of  this
27        System on May 31, 1987, and (iii) did not elect to become
28        a  member  of  the  State  Employees'  Retirement  System
29        pursuant  to  Section  14-108.2 of this Code; except that
30        "teacher" does not include any person who (A)  becomes  a
31        security employee of the Department of Human Services, as
 
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 1        defined  in  Section  14-110,  after  June  28, 2001 (the
 2        effective date of Public Act 92-14),  or  (B)  becomes  a
 3        member of the State Employees' Retirement System pursuant
 4        to Section 14-108.2c of this Code;
 5             (3)  Any   regional   superintendent   of   schools,
 6        assistant   regional  superintendent  of  schools,  State
 7        Superintendent of Education; any person employed  by  the
 8        State  Board  of Education as an executive; any executive
 9        of the boards engaged in the  service  of  public  common
10        school  education  in school districts covered under this
11        system of which the State Superintendent of Education  is
12        an ex-officio member;
13             (4)  Any  employee  of  a  school  board association
14        operating in compliance with Article  23  of  the  School
15        Code  who  is  certificated  under  the law governing the
16        certification of teachers;
17             (5)  Any person employed by  the  retirement  system
18        who:
19                  (i)  was  an  employee  of and a participant in
20             the system on August 17, 2001 (the effective date of
21             Public Act 92-416), or
22                  (ii)  was an employee of but not a  participant
23             in   the  system  on  the  effective  date  of  this
24             amendatory Act of the 93rd General Assembly, and has
25             thereafter  become  employed  by  the  system  in  a
26             different position and made an irrevocable  election
27             to begin participating in the system, or
28                  (iii)  becomes  an employee of the system on or
29             after August 17, 2001;
30             (6)  Any educational,  administrative,  professional
31        or  other staff employed by and under the supervision and
32        control of a regional superintendent of schools, provided
33        such  employment  position  requires  the  person  to  be
34        certificated under the law governing the certification of
 
                            -3-      LRB093 06407 EFG 06529 b
 1        teachers and is in an educational program  serving  2  or
 2        more  districts  in  accordance  with  a  joint agreement
 3        authorized by the School Code or by federal legislation;
 4             (7)  Any educational,  administrative,  professional
 5        or  other  staff  employed  in   an  educational  program
 6        serving  2  or more school districts in accordance with a
 7        joint agreement authorized  by  the  School  Code  or  by
 8        federal   legislation   and   in   a  position  requiring
 9        certification under the laws governing the  certification
10        of teachers;
11             (8)  Any  officer or employee of a statewide teacher
12        organization   or   officer   of   a   national   teacher
13        organization who is certified  under  the  law  governing
14        certification  of  teachers, provided: (i) the individual
15        had previously established creditable service under  this
16        Article,  (ii)  the  individual  files with the system an
17        irrevocable election to become a member,  and  (iii)  the
18        individual does not receive credit for such service under
19        any other Article of this Code;
20             (9)  Any  educational, administrative, professional,
21        or other staff employed in a charter school operating  in
22        compliance   with   the   Charter   Schools  Law  who  is
23        certificated under the law governing the certification of
24        teachers.
25        An annuitant receiving a retirement  annuity  under  this
26    Article  or  under Article 17 of this Code who is temporarily
27    employed by a  board  of  education  or  other  employer  not
28    exceeding  that  permitted  under  Section  16-118  is  not a
29    "teacher" for purposes of this Article.   A  person  who  has
30    received   a  single-sum  retirement  benefit  under  Section
31    16-136.4 of this Article is not a "teacher" for  purposes  of
32    this Article.
33    (Source: P.A.  92-14,  eff.  6-28-01;  92-416,  eff. 8-17-01;
34    92-651, eff. 7-11-02.)
 
                            -4-      LRB093 06407 EFG 06529 b
 1        (40 ILCS 5/16-113) (from Ch. 108 1/2, par. 16-113)
 2        Sec. 16-113.  Accumulated  contributions.    "Accumulated
 3    contributions":  The  sum of all contributions to this System
 4    made by or on behalf of a member  in  respect  to  membership
 5    service  and  credited  to  his or her account in the Benefit
 6    Trust Reserve Members' Contribution  Reserve,  together  with
 7    regular interest thereon.
 8    (Source: P.A. 83-1440.)

 9        (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
10        Sec. 16-127.  Computation of creditable service.
11        (a)  Each  member  shall  receive  regular credit for all
12    service as a teacher from the  date  membership  begins,  for
13    which satisfactory evidence is supplied and all contributions
14    have been paid.
15        (b)  The following periods of service shall earn optional
16    credit  and  each  member  shall  receive credit for all such
17    service for which satisfactory evidence is supplied  and  all
18    contributions have been paid as of the date specified:
19             (1)  Prior service as a teacher.
20             (2)  Service  in  a  capacity essentially similar or
21        equivalent to that of a teacher,  in  the  public  common
22        schools  in  school  districts in this State not included
23        within the provisions of this System,  or  of  any  other
24        State,  territory, dependency or possession of the United
25        States, or in schools operated by or under  the  auspices
26        of the United States, or under the auspices of any agency
27        or  department of any other State, and service during any
28        period  of  professional  speech  correction  or  special
29        education experience for  a  public  agency  within  this
30        State  or  any  other  State,  territory,  dependency  or
31        possession  of  the  United  States, and service prior to
32        February 1, 1951 as a recreation worker for the  Illinois
33        Department  of  Public Safety, for a period not exceeding
 
                            -5-      LRB093 06407 EFG 06529 b
 1        the lesser of 2/5 of the total creditable service of  the
 2        member  or  10  years.   The  maximum service of 10 years
 3        which is allowable under this paragraph shall be  reduced
 4        by  the  service  credit  which  is  validated  by  other
 5        retirement  systems under paragraph (i) of Section 15-113
 6        and paragraph 1 of Section 17-133.  Credit granted  under
 7        this  paragraph  may  not  be  used in determination of a
 8        retirement annuity  or  disability  benefits  unless  the
 9        member  has at least 5 years of creditable service earned
10        subsequent to this employment with one  or  more  of  the
11        following  systems:  Teachers'  Retirement  System of the
12        State of Illinois, State Universities Retirement  System,
13        and  the  Public  School Teachers' Pension and Retirement
14        Fund of Chicago.  Whenever such  service  credit  exceeds
15        the maximum allowed for all purposes of this Article, the
16        first   service  rendered  in  point  of  time  shall  be
17        considered. The changes to this subdivision  (b)(2)  made
18        by  Public Act 86-272 shall apply not only to persons who
19        on or after its effective date (August 23, 1989)  are  in
20        service  as  a  teacher  under  the  System,  but also to
21        persons whose status as such a teacher  terminated  prior
22        to  such effective date, whether or not such person is an
23        annuitant on that date.
24             (3)  Any  periods  immediately  following   teaching
25        service,  under  this  System  or  under  Article 17, (or
26        immediately following service prior to February  1,  1951
27        as  a  recreation  worker  for the Illinois Department of
28        Public Safety) spent in active service with the  military
29        forces of the United States; periods spent in educational
30        programs that prepare for return to teaching sponsored by
31        the  federal  government  following  such active military
32        service; if a teacher returns to teaching service  within
33        one calendar year after discharge or after the completion
34        of   the  educational  program,  a  further  period,  not
 
                            -6-      LRB093 06407 EFG 06529 b
 1        exceeding  one  calendar  year,  between  time  spent  in
 2        military service or in such educational programs and  the
 3        return  to employment as a teacher under this System; and
 4        a period of up to 2 years of active military service  not
 5        immediately following employment as a teacher.
 6             The  changes  to  this  Section  and  Section 16-128
 7        relating to military service made by  P.A.  87-794  shall
 8        apply  not  only to persons who on or after its effective
 9        date are in service as a teacher under  the  System,  but
10        also  to  persons  whose  status  as a teacher terminated
11        prior to that date, whether  or  not  the  person  is  an
12        annuitant  on that date.  In the case of an annuitant who
13        applies for credit allowable under  this  Section  for  a
14        period  of  military  service  that  did  not immediately
15        follow  employment,  and  who  has  made   the   required
16        contributions  for  such  credit,  the  annuity  shall be
17        recalculated to include the  additional  service  credit,
18        with  the  increase  taking effect on the date the System
19        received written notification of the  annuitant's  intent
20        to  purchase  the  credit, if payment of all the required
21        contributions is made within 60 days of such  notice,  or
22        else on the first annuity payment date following the date
23        of payment of the required contributions.  In calculating
24        the  automatic  annual  increase  for an annuity that has
25        been recalculated  under    this  Section,  the  increase
26        attributable  to  the  additional service allowable under
27        P.A. 87-794 shall  be  included  in  the  calculation  of
28        automatic  annual  increases accruing after the effective
29        date of the recalculation.
30             Credit for military service shall be  determined  as
31        follows:  if  entry  occurs  during  the  months of July,
32        August, or September and the member was a teacher at  the
33        end  of  the  immediately  preceding  school term, credit
34        shall be granted from July 1 of the year in which  he  or
 
                            -7-      LRB093 06407 EFG 06529 b
 1        she  entered  service;  if entry occurs during the school
 2        term and the teacher  was  in  teaching  service  at  the
 3        beginning  of  the  school  term, credit shall be granted
 4        from July 1 of such year. In all other cases where credit
 5        for military service is allowed, credit shall be  granted
 6        from the date of entry into the service.
 7             The  total  period  of  military  service  for which
 8        credit is granted shall not exceed 5 years for any member
 9        unless the service:  (A)  is  validated  before  July  1,
10        1964,  and  (B)  does  not  extend  beyond  July 1, 1963.
11        Credit for military service shall be granted  under  this
12        Section  only  if  not  more than 5 years of the military
13        service for which credit is granted under this Section is
14        used by the member to qualify for a  military  retirement
15        allotment  from  any  branch  of  the armed forces of the
16        United States. The changes  to  this  subdivision  (b)(3)
17        made by Public Act 86-272 shall apply not only to persons
18        who  on or after its effective date (August 23, 1989) are
19        in service as a teacher under the  System,  but  also  to
20        persons  whose  status as such a teacher terminated prior
21        to such effective date, whether or not such person is  an
22        annuitant on that date.
23             (4)  Any  periods  served as a member of the General
24        Assembly.
25             (5)(i)  Any periods for which a teacher, as  defined
26        in  Section  16-106,  is  granted  a  leave  of  absence,
27        provided he or she returns to teaching service creditable
28        under  this  System  or the State Universities Retirement
29        System following the leave; (ii) periods during  which  a
30        teacher is involuntarily laid off from teaching, provided
31        he  or  she  returns  to  teaching following the lay-off;
32        (iii) periods prior  to  July  1,  1983  during  which  a
33        teacher  ceased  covered employment under this Article or
34        Article 17 due to pregnancy, provided  that  the  teacher
 
                            -8-      LRB093 06407 EFG 06529 b
 1        returned to teaching service creditable under this System
 2        or the State Universities Retirement System following the
 3        pregnancy  and submits evidence satisfactory to the Board
 4        documenting that the employment ceased due to  pregnancy;
 5        and  (iv)  periods  prior  to July 1, 1983 during which a
 6        teacher ceased covered  employment  for  the  purpose  of
 7        adopting  an  infant under 3 years of age or caring for a
 8        newly adopted infant under 3 years of age, provided  that
 9        the teacher returned to teaching service creditable under
10        this  System  or the State Universities Retirement System
11        following the adoption and submits evidence  satisfactory
12        to  the  Board documenting that the employment ceased for
13        the purpose of adopting an infant under 3 years of age or
14        caring for a newly adopted infant under 3 years  of  age.
15        However,  total  credit  under this paragraph (5) may not
16        exceed 3 years.
17             Any qualified member  or  annuitant  may  apply  for
18        credit  under  item  (iii)  or (iv) of this paragraph (5)
19        without regard to whether service was  terminated  before
20        the  effective  date  of this amendatory Act of 1997.  In
21        the case of an annuitant  who  establishes  credit  under
22        item  (iii) or (iv), the annuity shall be recalculated to
23        include the additional service credit.  The  increase  in
24        annuity shall take effect on the date the System receives
25        written   notification   of  the  annuitant's  intent  to
26        purchase  the  credit,  if  the  required   evidence   is
27        submitted  and  the  required contribution paid within 60
28        days of that notification, otherwise on the first annuity
29        payment  date  following  the  System's  receipt  of  the
30        required evidence and contribution.  The increase  in  an
31        annuity   recalculated  under  this  provision  shall  be
32        included in the calculation of automatic annual increases
33        in the annuity accruing after the effective date  of  the
34        recalculation.
 
                            -9-      LRB093 06407 EFG 06529 b
 1             Optional   credit   may   be  purchased  under  this
 2        subsection (b)(5) for periods during which a teacher  has
 3        been granted a leave of absence pursuant to Section 24-13
 4        of  the  School Code.  A teacher whose service under this
 5        Article terminated prior to the effective  date  of  P.A.
 6        86-1488  shall  be  eligible  to  purchase  such optional
 7        credit.  If a teacher who purchases this optional  credit
 8        is  already  receiving  a  retirement  annuity under this
 9        Article, the annuity shall  be  recalculated  as  if  the
10        annuitant  had applied for the leave of absence credit at
11        the time  of  retirement.   The  difference  between  the
12        entitled annuity and the actual annuity shall be credited
13        to the purchase of the optional credit.  The remainder of
14        the purchase cost of the optional credit shall be paid on
15        or before April 1, 1992.
16             The  change  in  this  paragraph  made by Public Act
17        86-273 shall be applicable to teachers who  retire  after
18        June  1,  1989, as well as to teachers who are in service
19        on that date.
20             (6)  Any   days   of   unused   and    uncompensated
21        accumulated  sick leave earned by a teacher.  The service
22        credit granted under this paragraph shall be the ratio of
23        the number of unused and uncompensated  accumulated  sick
24        leave  days  to 170 days, subject to a maximum of 2 years
25        of service credit.  Prior  to  the  member's  retirement,
26        each  former  employer  shall  certify  to the System the
27        number of unused and uncompensated accumulated sick leave
28        days credited to the member at the time of termination of
29        service. The period of unused sick  leave  shall  not  be
30        considered   in   determining   the   effective  date  of
31        retirement.   A  member   is   not   required   to   make
32        contributions  in  order  to  obtain  service  credit for
33        unused sick leave.
34             Credit for  sick  leave  shall,  at  retirement,  be
 
                            -10-     LRB093 06407 EFG 06529 b
 1        granted  by  the  System  for  any  retiring  regional or
 2        assistant regional superintendent of schools at the  rate
 3        of  6  days  per  year  of  creditable service or portion
 4        thereof established while serving as such  superintendent
 5        or assistant superintendent.
 6             (7)  Periods  prior to February 1, 1987 served as an
 7        employee of the Illinois Mathematics and Science  Academy
 8        for  which  credit  has not been terminated under Section
 9        15-113.9 of this Code.
10             (8)  Service  as  a  substitute  teacher  for   work
11        performed prior to July 1, 1990.
12             (9)  Service   as   a  part-time  teacher  for  work
13        performed prior to July 1, 1990.
14             (10)  Up to 2  years  of  employment  with  Southern
15        Illinois  University  - Carbondale from September 1, 1959
16        to August 31, 1961, or with  Governors  State  University
17        from  September 1, 1972 to August 31, 1974, for which the
18        teacher has no  credit  under  Article  15.   To  receive
19        credit  under  this  item  (10),  a teacher must apply in
20        writing to the Board and pay the  required  contributions
21        before  May 1, 1993 and have at least 12 years of service
22        credit under this Article.
23        (b-1)  A member may establish optional credit for up to 2
24    years of service as a teacher or administrator employed by  a
25    private  school  recognized  by  the  Illinois State Board of
26    Education, provided that the teacher (i) was certified  under
27    the  law  governing the certification of teachers at the time
28    the service was rendered, (ii) applies in writing on or after
29    June 1, 2002 and on or before June 1,  2005,  (iii)  supplies
30    satisfactory  evidence  of  the employment, (iv) completes at
31    least 10 years  of  contributing  service  as  a  teacher  as
32    defined  in  Section  16-106,  and  (v) pays the contribution
33    required in subsection (d-5) of Section 16-128.   The  member
34    may  apply  for  credit  under  this  subsection  and pay the
 
                            -11-     LRB093 06407 EFG 06529 b
 1    required contribution  before  completing  the  10  years  of
 2    contributing service required under item (iv), but the credit
 3    may  not  be  used  until  the item (iv) contributing service
 4    requirement has been met.
 5        (c)  The service credits specified in this Section  shall
 6    be granted only if: (1) such service credits are not used for
 7    credit  in  any other statutory tax-supported public employee
 8    retirement system other  than  the  federal  Social  Security
 9    program;  and (2) the member makes the required contributions
10    as specified  in  Section  16-128.   Except  as  provided  in
11    subsection (b-1) of this Section, the service credit shall be
12    effective  as  of  the  date  the  required contributions are
13    completed.
14        Any service credits  granted  under  this  Section  shall
15    terminate upon cessation of membership for any cause.
16        Credit may not be granted under this Section covering any
17    period  for  which an age retirement or disability retirement
18    allowance has been paid.
19    (Source: P.A. 92-867, eff. 1-3-03.)

20        (40 ILCS 5/16-129.1)
21        Sec. 16-129.1.  Optional increase in retirement annuity.
22        (a)  A member of the System may qualify for the augmented
23    rate under subdivision (a)(B)(1) of Section  16-133  for  all
24    years  of  creditable  service  earned before July 1, 1998 by
25    making the optional contribution specified in subsection (b).
26    A member may not elect to qualify for the augmented rate  for
27    only a portion of his or her creditable service earned before
28    July 1, 1998.
29        (b)  The contribution shall be an amount equal to 1.0% of
30    the  member's highest salary rate in the 4 consecutive school
31    years immediately prior to but not including the school  year
32    in  which the application occurs, multiplied by the number of
33    years of creditable service earned by the member before  July
 
                            -12-     LRB093 06407 EFG 06529 b
 1    1, 1998 or 20, whichever is less.  This contribution shall be
 2    reduced by 1.0% of that salary rate for every 3 full years of
 3    creditable  service earned by the member after June 30, 1998.
 4    The contribution shall be further reduced at the rate of  25%
 5    of  the  contribution  (as reduced for service after June 30,
 6    1998) for each year of the member's total creditable  service
 7    in  excess  of  34  years.  The contribution shall not in any
 8    event exceed 20% of that salary rate.
 9        The member shall pay to the  System  the  amount  of  the
10    contribution  as  calculated at the time of application under
11    this Section.  The  amount  of  the  contribution  determined
12    under  this  subsection  shall be recalculated at the time of
13    retirement, and if the System determines that the amount paid
14    by the member exceeds the  recalculated  amount,  the  System
15    shall  refund  the  difference  to  the  member  with regular
16    interest from the date of payment to the date of refund.
17        The contribution required by  this  subsection  shall  be
18    paid  in one of the following ways or in a combination of the
19    following ways that does not extend over more than 5 years:
20             (i)  in  a  lump  sum  on  or  before  the  date  of
21        retirement;
22             (ii)  in substantially  equal  installments  over  a
23        period of time not to exceed 5 years, as a deduction from
24        salary  in  accordance  with  subsection  (b)  of Section
25        16-154;
26             (iii)  if the member  becomes  an  annuitant  before
27        June   30,   2003,   in   substantially   equal   monthly
28        installments  over  a  24-month  period,  by reducing the
29        annuitant's monthly benefit over a 24-month period by the
30        amount of the  otherwise  applicable  contribution.   For
31        federal  and Illinois tax purposes, the monthly amount by
32        which the annuitant's benefit is  reduced  shall  not  be
33        treated as a contribution by the annuitant, but rather as
34        a reduction of the annuitant's monthly benefit.
 
                            -13-     LRB093 06407 EFG 06529 b
 1        (c)  If  the  member  fails to make the full contribution
 2    under this Section in a timely  fashion,  the  payments  made
 3    under  this  Section shall be refunded to the member, without
 4    interest.   If  the  member  dies  before  making  the   full
 5    contribution,  the payments made under this Section, together
 6    with regular interest  thereon,  shall  be  refunded  to  the
 7    member's  designated  beneficiary  for benefits under Section
 8    16-138.
 9        (d)  For  purposes  of  this  Section   and   subdivision
10    (a)(B)(1)  of  Section  16-133,  optional  creditable service
11    established by a member shall be deemed to have  been  earned
12    at  the time of the employment or other qualifying event upon
13    which the service is based,  rather  than  at  the  time  the
14    credit was established in this System.
15        (e)  The  contributions  required  under this Section are
16    the responsibility of  the  teacher  and  not  the  teacher's
17    employer.   However,  an  employer of teachers may, after the
18    effective date of this amendatory Act of  1998,  specifically
19    agree,  through  collective  bargaining or otherwise, to make
20    the contributions required by this Section on behalf of those
21    teachers.
22        (f)  A person who, on or after July 1,  1998  and  before
23    June 4, 1999, began receiving a retirement annuity calculated
24    at  the  augmented  rate  may  apply  in  writing to have the
25    annuity recalculated to reflect the changes to  this  Section
26    and  Section  16-133  that  were enacted in Public Act 91-17.
27    The  amount  of  any  resulting  decrease  in  the   optional
28    contribution  shall  be  refunded  to  the annuitant, without
29    interest.  Any resulting increase in retirement annuity shall
30    take effect on the next annuity payment  date  following  the
31    date of application under this subsection.
32    (Source: P.A. 91-17, eff. 6-4-99; 92-416, eff. 8-17-01.)

33        (40 ILCS 5/16-133.2) (from Ch. 108 1/2, par. 16-133.2)
 
                            -14-     LRB093 06407 EFG 06529 b
 1        Sec.  16-133.2.  Early  retirement  without  discount.  A
 2    member retiring after June 1, 1980 and on or before June  30,
 3    2005,  and  applying for a retirement annuity within 6 months
 4    of  the  last  day   of   teaching   for   which   retirement
 5    contributions  were  required,  may  elect  at  the  time  of
 6    application  for  a  retirement  annuity,  to make a one time
 7    member contribution to  the  System  and  thereby  avoid  the
 8    reduction in the retirement annuity for retirement before age
 9    60  specified  in  paragraph  (B)  of  Section  16-133.   The
10    exercise  of  the  election  shall  also  obligate  the  last
11    employer  to  make  a one time non-refundable contribution to
12    the System.  Substitute teachers  wishing  to  exercise  this
13    election  must  teach 85 or more days in one school term with
14    one employer, who shall  be  deemed  the  last  employer  for
15    purposes of this Section.  The last day of teaching with that
16    employer  must  be within 6 months of the date of application
17    for  retirement.   All  substitute  teaching  credit  applied
18    toward the required 85 days must be  earned  after  June  30,
19    1990.
20        The one time member and employer contributions shall be a
21    percentage  of  the  retiring  member's highest annual salary
22    rate used in the determination  of  the  average  salary  for
23    retirement  annuity  purposes.  However, when determining the
24    one-time member and employer contributions, that  part  of  a
25    member's  salary  with  the  same  employer which exceeds the
26    annual salary rate for the preceding year by  more  than  20%
27    shall  be  excluded.  The member contribution shall be at the
28    rate of 7% for the lesser of the following  2  periods:   (1)
29    for each year that the member is less than age 60; or (2) for
30    each  year  that the member's creditable service is less than
31    35 years.  If a member is at least age 55 and has at least 34
32    years  of  creditable  service,   no   member   or   employer
33    contribution   for  the  early  retirement  option  shall  be
34    required.  The employer contribution shall be at the rate  of
 
                            -15-     LRB093 06407 EFG 06529 b
 1    20% for each year the member is under age 60.
 2        Upon  receipt of the application and election, the System
 3    shall  determine  the  one   time   employee   and   employer
 4    contributions  required.   The  member  contribution shall be
 5    credited to the individual account  of  the  member  and  the
 6    employer  contribution shall be credited to the Benefit Trust
 7    Reserve Employer's Contribution Reserve.  The  provisions  of
 8    this  Section  shall  not  be  applicable  until the member's
 9    contribution, if  any,  has  been  received  by  the  System;
10    however,  the  date such contributions are received shall not
11    be  considered  in  determining   the   effective   date   of
12    retirement.
13        The  number  of members working for a single employer who
14    may retire under this Section in any year may be  limited  at
15    the option of the employer to a specified percentage of those
16    eligible, not less than 30%, with the right to participate to
17    be  allocated  among those applying on the basis of seniority
18    in the service of the employer.
19    (Source: P.A. 90-582, eff. 5-27-98; 91-17, eff. 6-4-99.)

20        (40 ILCS 5/16-136.4) (from Ch. 108 1/2, par. 16-136.4)
21        Sec. 16-136.4.  Single-sum retirement benefit.
22        (a)  A member who has less than  5  years  of  creditable
23    service  shall  be  entitled, upon written application to the
24    board, to receive a retirement benefit payable  in  a  single
25    sum  upon  or  after  the  member's  attainment  of  age  65.
26    However,  the  benefit  shall not be paid while the member is
27    employed as a teacher in  the  schools  included  under  this
28    Article  or  Article  17,  unless  the  System is required by
29    federal law to make payment due to the member's age.
30        (b)  The retirement benefit shall consist of a single sum
31    that is the actuarial equivalent of a life annuity consisting
32    of 1.67% of the member's final average salary for  each  year
33    of  creditable service earned before July 1, 1998 and 2.2% of
 
                            -16-     LRB093 06407 EFG 06529 b
 1    the member's final average salary for each year of creditable
 2    service earned after  June  30,  1998.   In  determining  the
 3    amount  of  the  benefit,  a fractional year shall be granted
 4    proportional credit.
 5        For the purposes of this Section,  final  average  salary
 6    shall  be  the  average  salary  of  the  member's  highest 4
 7    consecutive years of service as determined under rules of the
 8    board.  For a member with less than 4  consecutive  years  of
 9    service,  final  average  salary  shall be the average salary
10    during  the  member's  entire  period  of  service.   In  the
11    determination of final average salary for members other  than
12    elected  officials  and their appointees when such appointees
13    are allowed by statute, that part of a member's salary  which
14    exceeds  the  member's  annual full-time salary rate with the
15    same employer for the preceding year by more than  20%  shall
16    be  excluded.    The exclusion shall not apply in any year in
17    which the member's creditable earnings are less than  50%  of
18    the  preceding  year's  mean salary for downstate teachers as
19    determined by the survey of school district salaries provided
20    in Section 2-3.103 of the School Code.
21        (c)  The retirement benefit determined under this Section
22    shall be available to all members who render teaching service
23    after  July  1,  1947  for  which  member  contributions  are
24    required.
25        (d)  Upon acceptance of the retirement  benefit,  all  of
26    the  member's  accrued  rights  and credits in the System are
27    forfeited.  Receipt of a single-sum retirement benefit  under
28    this  Section  does  not make a person an "annuitant" for the
29    purposes of this Article, nor a "benefit recipient"  for  the
30    purposes of Sections 16-153.1 through 16-153.4.
31    (Source: P.A. 91-887, eff. 7-6-00.)

32        (40 ILCS 5/16-149.2) (from Ch. 108 1/2, par. 16-149.2)
33        Sec. 16-149.2.  Disability retirement annuity.
 
                            -17-     LRB093 06407 EFG 06529 b
 1        (a)  A   member   whose   disability   benefit  has  been
 2    terminated under the provisions  of  Section  16-149  may  be
 3    retired  on a disability retirement annuity payable effective
 4    the  day  following  such  termination  provided  the  member
 5    remains disabled under the standard of disability provided in
 6    Section 16-149.
 7        The disability retirement annuity shall be  payable  upon
 8    receipt  of  written  certificates  from  at least 2 licensed
 9    physicians   designated   by   the   System   verifying   the
10    continuation  of  the  disability  condition.  A   disability
11    retirement  annuity  shall  not be paid during any period for
12    which the member  receives  benefits  under  Section  16-133,
13    Section 16-149, or Section 16-149.1 or has a right to receive
14    a  salary  as  a teacher, or is employed in any capacity as a
15    teacher by the employers included under this System or in  an
16    equivalent  capacity  in  any other public or private school,
17    college or university.
18        (b)  The disability retirement annuity shall be equal  to
19    the  larger  of:   (1) 35% of the most recent annual contract
20    salary rate or for part-time  and  substitute  members  after
21    June 30, 1990, the most recent annualized salary rate; or (2)
22    if  disability  commences prior to the member's attainment of
23    age 55,  the  amount  computed  in  accordance  with  Section
24    16-133,  provided  the amount computed under paragraph (B) of
25    Section 16-133 shall be reduced by 1/2 of 1% for  each  month
26    that  the  member  is  less than age 55; or (3) if disability
27    commences after the member's attainment of age  55,  and  the
28    member  is  not  receiving a retirement annuity under Section
29    16-133,  the  amount  computed  in  accordance  with  Section
30    16-133.
31        Prior to July 1, 1990,  if  the  most  recent  period  of
32    service  of  any  member  eligible  to  receive  a disability
33    retirement annuity was rendered on a less than full-time  but
34    not  less  than half-time basis, the amount of the disability
 
                            -18-     LRB093 06407 EFG 06529 b
 1    retirement annuity payable shall be computed on the basis  of
 2    the salary received by such member for the member's last year
 3    of  service  on  a full-time basis if such salary was greater
 4    than the member's most recent salary.
 5        (c)  If an annuitant receiving  a  disability  retirement
 6    annuity under this Section is engaged in or able to engage in
 7    gainful  employment  paying  more than the difference between
 8    the disability retirement annuity and the  salary  rate  upon
 9    which  the  disability benefit is based, with no salary to be
10    considered less than the minimum prescribed in  Section  24-8
11    of  the  School Code, the disability retirement annuity shall
12    be reduced to an amount which together with the amount earned
13    by the annuitant, equals  the  salary  rate  upon  which  the
14    disability  benefit  is  based.  However, for the purposes of
15    this subsection (c) only, the  salary  rate  upon  which  the
16    benefit  is  based  shall be deemed to increase by 15% on the
17    tenth anniversary of the commencement of the annuity.
18        Once  each  year  during  the  first  5  years  following
19    retirement on a disability retirement annuity,  and  once  in
20    every  3-year  period  thereafter,  the System may require an
21    annuitant to undergo a medical examination, by a physician or
22    physicians  designated  by  the  System.   If  the  annuitant
23    refuses to submit to such medical  examination,  the  annuity
24    shall  be  discontinued  until  such  time  as  the annuitant
25    consents to the examination, and if refusal continues for one
26    year, all the rights to the annuity shall be revoked.
27        (d)  If  an  annuitant  in  receipt   of   a   disability
28    retirement  annuity returns to active service as a teacher or
29    is no longer disabled,  such  annuity  shall  cease  and  the
30    annuitant  shall  again  become  a  member  of the Retirement
31    System and, if in active service as  a  teacher,  shall  make
32    regular    contributions.       The   remaining   accumulated
33    contributions  shall   be   transferred   to   the   Members'
34    Contribution   Reserve   from   the  Employer's  Contribution
 
                            -19-     LRB093 06407 EFG 06529 b
 1    Reserve.  All service for which the annuitant had  credit  on
 2    the date of disability shall be properly reestablished.
 3        An  annuitant  in  receipt  of  a  disability  retirement
 4    annuity  who  returns  to active service as a teacher and who
 5    again  becomes  disabled  shall  not   be   entitled   to   a
 6    recomputation  of  the disability retirement annuity based on
 7    amendments enacted while the annuitant was in receipt of  the
 8    annuity  unless  at  least  one year of creditable service is
 9    rendered after the latest re-entry into service.
10        (e)  An annuitant in receipt of a  disability  retirement
11    annuity  may,  upon  reaching  retirement age as specified in
12    Section 16-132, apply for a retirement annuity which is to be
13    calculated as specified in Section  16-133.   The  disability
14    retirement annuity shall be discontinued upon commencement of
15    the retirement annuity.
16        (f)  The   board  shall  prescribe  rules  governing  the
17    filing, investigation, control, and supervision of disability
18    retirement  claims.   The  rules   shall   include   specific
19    standards  to  be  used  when  requesting  additional medical
20    examinations, hospital records or other  data  necessary  for
21    determining  the  employment  capacity  and  condition of the
22    annuitant.  Costs incurred by a claimant in  connection  with
23    completing  a  claim for disability benefits shall be paid by
24    the claimant.
25        The changes to this Section made by this  amendatory  Act
26    of  1991  shall apply not only to persons who on or after its
27    effective date are in service as a teacher under the  System,
28    but  also  to  persons  whose  status as a teacher terminated
29    prior to that date, whether or not the person is an annuitant
30    on that date.
31    (Source: P.A. 86-273; 86-1488; 87-794.)

32        (40 ILCS 5/16-150) (from Ch. 108 1/2, par. 16-150)
33        Sec. 16-150.   Re-entry.   If  an  annuitant  under  this
 
                            -20-     LRB093 06407 EFG 06529 b
 1    System is again employed as a teacher for an aggregate period
 2    exceeding  that  permitted  by  Section  16-118,  his  or her
 3    retirement annuity shall  be  terminated  and  the  annuitant
 4    shall  thereupon  be  regarded  as  an  active  member.   The
 5    annuitant's  remaining  accumulated  contributions  shall  be
 6    transferred  to  the  Members'  Contribution Reserve from the
 7    Employer's Contribution Reserve.
 8        Such annuitant is not entitled to a recomputation of  his
 9    or  her  retirement  annuity unless at least one full year of
10    creditable service is rendered after the latest re-entry into
11    service and the annuitant must have rendered at least 3 years
12    of creditable service after last  re-entry  into  service  to
13    qualify  for  a recomputation of the retirement annuity based
14    on amendments  enacted  while  in  receipt  of  a  retirement
15    annuity, except when retirement was due to disability.
16        However,  regardless of age, an annuitant in receipt of a
17    retirement annuity may be given  temporary  employment  by  a
18    school  board  not  exceeding  that  permitted  under Section
19    16-118 and continue to receive the retirement annuity.
20        Unless  retirement  was  necessitated  by  disability,  a
21    retirement shall be considered cancelled and  the  retirement
22    allowance must be repaid in full if the annuitant is employed
23    as  a teacher within the school year during which service was
24    terminated.
25        An annuitant's retirement which does not include a period
26    of at least one  full  and  complete  school  year  shall  be
27    considered  cancelled  and  the  retirement  annuity  must be
28    repaid in full unless such  retirement  was  necessitated  by
29    disability.
30    (Source: P.A. 86-273; 87-794.)

31        (40 ILCS 5/16-151) (from Ch. 108 1/2, par. 16-151)
32        Sec. 16-151. Refund.  Upon termination of employment as a
33    teacher  for  any  cause  other  than  death or retirement, a
 
                            -21-     LRB093 06407 EFG 06529 b
 1    member shall be paid the following amount upon demand made at
 2    least 4 months after ceasing to teach:
 3             (1)  from  the  Benefit   Trust   Reserve   Members'
 4        Contribution Reserve, the actual total contributions paid
 5        by  or  on  behalf  of  the member for membership service
 6        which have not been previously  refunded  and  which  are
 7        then  credited  to the member's individual account in the
 8        Benefit  Trust  Reserve  Members'  Contribution  Reserve,
 9        without interest thereon, and
10             (2)  from  the  Benefit  Trust  Reserve   Employer's
11        Contribution   Reserve,   the  actual  contributions  not
12        previously refunded, paid by or on behalf of  the  member
13        for  prior  service and towards the cost of the automatic
14        annual increase in retirement annuity as  provided  under
15        Section 16-152, without interest thereon.
16        Any  such amounts may be paid to the member either in one
17    sum or,  at  the  election  of  the  board,  in  4  quarterly
18    payments.
19        Contributions   credited  to  a  member  for  periods  of
20    disability as provided in Sections 16-149  and  16-149.1  are
21    not refundable.
22        Upon  acceptance  of  a  refund,  all  accrued rights and
23    credits in the System are forfeited  and  may  be  reinstated
24    only  if the refund is repaid together with interest from the
25    date of the refund to the date of repayment at the  following
26    rates  compounded  annually:   for  periods  prior to July 1,
27    1965, regular interest; for periods from July 1, 1965 to June
28    30, 1977, 4% per year; for periods on and after July 1, 1977,
29    regular interest. Repayment shall be permitted upon return to
30    membership; however, service credit previously forfeited by a
31    refund and subsequently reinstated may not be used as a basis
32    for  the  payment  of  benefits,  other  than  a  refund   of
33    contributions,  prior  to  the  completion  of  one  year  of
34    creditable   service   following   the  refund,  except  when
 
                            -22-     LRB093 06407 EFG 06529 b
 1    repayment  is  permitted  under   the   provisions   of   the
 2    "Retirement Systems Reciprocal Act" contained in Article 20.
 3    (Source: P.A. 90-448, eff. 8-16-97.)

 4        (40 ILCS 5/16-182) (from Ch. 108 1/2, par. 16-182)
 5        Sec. 16-182.  Members' Contribution Reserve.
 6        (a)  On  July  1, 2003, the Members' Contribution Reserve
 7    is abolished and the remaining balance shall  be  transferred
 8    from  that  Reserve to the Benefit Trust Reserve.  A Members'
 9    Contribution Reserve shall be established for the purpose  of
10    accumulating  with  regular  interest  the  contributions  of
11    members made prior to retirement.
12        This Reserve shall be credited with:
13             (1)  The   total   accumulated   contributions   for
14        membership  service,  as  of  the  date  this  reserve is
15        established,  exclusive  of  contributions   for   annual
16        increases in retirement annuity and survivor benefits.
17             (2)  The member contributions received under Section
18        16-133.2.
19             (3)  The  normal  contributions under Section 16-128
20        and Section 16-131.2 together with regular interest.
21             (4)  The total of all normal contributions for  each
22        fiscal year as of the end of the fiscal year.
23             (5)  The  excess of the accumulated contributions of
24        an annuitant at retirement over  the  retirement  annuity
25        payments  received,  to  be  computed  upon re-entry into
26        service after termination  of  a  retirement  annuity  as
27        provided  in  Section  16-150,  or after termination of a
28        disability retirement  annuity  as  provided  in  Section
29        16-149.2.
30             (6)  Regular    interest    on    the    accumulated
31        contributions  in the members' contribution reserve as of
32        the end of the previous fiscal year, credited to the date
33        of retirement or death for those retiring or dying during
 
                            -23-     LRB093 06407 EFG 06529 b
 1        the fiscal year, and to the end of the  fiscal  year  for
 2        all other members.
 3        (b)  This Reserve shall be charged with:
 4             (1)  The   accumulated   contributions   of  members
 5        retired under the provisions of Sections 16-133, 16-136.4
 6        and 16-149.2.
 7             (2)  The  accumulated   contributions   of   members
 8        granted a refund under the provisions of Section 16-151.
 9             (3)  The   accumulated   contributions  of  deceased
10        members upon payment of a refund as provided  in  Section
11        16-138.
12             (4)  The  accumulated  contributions  together  with
13        regular interest as provided in Section 16-131.1.
14        (c)  Upon  the  granting  of  a retirement annuity or the
15    payment of a single-sum retirement  benefit  or  a  death  or
16    refund  benefit,  all  individual  accumulated credits of the
17    member concerned shall be terminated.
18        (d)  Amounts credited to the account of  a  member  under
19    this  Reserve  shall  not  be  used  until  such member dies,
20    retires,  accepts  a  refund,  or  requests  a  transfer   of
21    contributions.
22    (Source: P.A. 87-11.)

23        (40 ILCS 5/16-184) (from Ch. 108 1/2, par. 16-184)
24        Sec. 16-184.  Supplementary Annuity Reserve.
25        (a)  Except  as  provided in subsection (b), a Reserve to
26    be known as the Supplementary Annuity Reserve is  established
27    for  the  purpose  of  crediting  funds received and charging
28    disbursements made for supplementary annuities under  Section
29    16-135 and Section 16-149.4.
30        This Reserve shall be credited with:
31             (1)  The   total   of   all  contributions  made  by
32        annuitants to qualify for supplementary annuities.
33             (2)  Amounts contributed to the System by the  State
 
                            -24-     LRB093 06407 EFG 06529 b
 1        of  Illinois that are sufficient to assure payment of the
 2        supplementary annuities.
 3             (3)  Regular  interest  computed  annually  on   the
 4        average balance in this reserve.
 5        This  Reserve  shall  be  charged  with  all supplemental
 6    annuity payments under Section 16-135 and Section 16-149.4.
 7        (b)  On  the  July  1,  2003  next  occurring  after  the
 8    effective date of this amendatory Act  of  the  91st  General
 9    Assembly,  the  Supplemental Annuity Reserve is abolished and
10    any remaining balance shall be transferred from that  Reserve
11    to the Benefit Trust Reserve Employer's Contribution Reserve.
12    (Source: P.A. 91-887, eff. 7-6-00.)

13        (40 ILCS 5/16-185) (from Ch. 108 1/2, par. 16-185)
14        Sec.   16-185.   Benefit  Trust  Employer's  Contribution
15    Reserve.
16        (a)  On July 1, 2003, the Employer's Contribution Reserve
17    shall be renamed the  Benefit  Trust  Reserve.   The  Benefit
18    Trust  Reserve  shall  serve as a clearing account for income
19    and expenses of the System as well as transfers to  and  from
20    the other reserve accounts established under this Article and
21    adjustments thereto.
22        (b)  This    Reserve   shall   be   credited   with   all
23    contributions, investment income, and other  income  received
24    by the System, except as otherwise required by this Article.:
25             (1)  All  amounts  contributed  by the State, except
26        those credited to other reserve accounts as  provided  in
27        this Article.
28             (2)  The  total  member  and  employer contributions
29        except those required by other reserve accounts.
30             (3)  The total income from invested  assets  of  the
31        System, and other miscellaneous income.
32             (4)  The   interest   portion   of  the  accumulated
33        contributions of members granted refunds.
 
                            -25-     LRB093 06407 EFG 06529 b
 1             (5)  Contributions made by annuitants to qualify for
 2        automatic  annual  increases  in  annuity,  except  those
 3        required by other reserve accounts.
 4        (c)  This Reserve shall be charged with all benefits  and
 5    refunds  paid and all other expenses of the System, except as
 6    otherwise required under this Article.:
 7             (1)  All amounts necessary to be transferred to  the
 8        Members' Contribution Reserve.
 9             (2)  All  retirement  annuity, single-sum retirement
10        benefit  and  disability  retirement  annuity   payments,
11        including automatic annual increases in annuities, except
12        as provided by other reserve accounts.
13             (3)  All   amounts   necessary  to  be  refunded  to
14        withdrawing members except as provided  by  the  Members'
15        Contribution Reserve.
16             (4)  All    benefits    paid   to   temporarily   or
17        accidentally disabled members of  this  System,  and  all
18        amounts credited to the accounts of such disabled members
19        in lieu of contributions.
20             (5)  All amounts payable as death benefits except as
21        provided by the Members' Contribution Reserve.
22             (6)  All  amounts necessary for the payment of costs
23        for the health insurance program as provided  under  this
24        Article.
25             (7)  All  survivor benefit contributions refunded to
26        an annuitant as provided under Section 16-143.2.
27             (8)  All amounts paid  in  accordance  with  Section
28        16-131.1  except as provided by the Members' Contribution
29        Reserve.
30             (9)  Interest  to  be  credited  to  other   reserve
31        accounts as specified in this Article.
32             (10)  Recognition  of  unrealized gains or losses in
33        market  value,  upon  adoption  of   generally   accepted
34        accounting principles that allow for such recognition.
 
                            -26-     LRB093 06407 EFG 06529 b
 1    (Source: P.A. 89-235, eff. 8-4-95; 90-448, eff. 8-16-97.)

 2        (40 ILCS 5/16-186.3) (from Ch. 108 1/2, par. 16-186.3)
 3        Sec. 16-186.3.  Reserve for minimum retirement annuity.
 4        (a)  A  Minimum Retirement Annuity Reserve is established
 5    for the purpose of  crediting  funds  received  and  charging
 6    disbursements  for  minimum retirement annuity payments under
 7    Section 16-136.2 and Section 16-136.3.
 8        This Reserve shall be credited with:
 9             (1)  The  total  of  all   contributions   made   by
10        annuitants to qualify for the minimum retirement annuity.
11             (2)  Amounts  contributed to the System by the State
12        of Illinois that are sufficient to assure payment of  the
13        minimum   retirement   annuity   payments  under  Section
14        16-136.2 and Section 16-136.3.
15             (3)  Regular  interest  computed  annually  on   the
16        average balance in this Reserve.
17        This Reserve shall be charged with all minimum retirement
18    annuity payments under Section 16-136.2 and Section 16-136.3.
19        (b)  After  all  minimum retirement annuity payments have
20    been completed, any remaining funds shall be transferred from
21    this  Reserve  to  the  Benefit  Trust   Reserve   Employer's
22    Contribution Reserve.
23    (Source: P.A. 88-593, eff. 8-22-94.)

24        Section  99.  Effective date.  This Act takes effect upon
25    becoming law.