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1 | AN ACT concerning 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 Section 1-160 and by adding Sections 1-103.4, 1-163, | |||||||||||||||||||||||||
6 | 3-153, 4-145, 5-239, 6-231, 7-226, 8-251.5, 9-242, 10-110, | |||||||||||||||||||||||||
7 | 11-233, 12-196, and 13-217 as follows: | |||||||||||||||||||||||||
8 | (40 ILCS 5/1-103.4 new) | |||||||||||||||||||||||||
9 | Sec. 1-103.4. Application of this amendatory Act of the | |||||||||||||||||||||||||
10 | 103rd General Assembly. The changes made by this amendatory | |||||||||||||||||||||||||
11 | Act of the 103rd General Assembly are intended to be | |||||||||||||||||||||||||
12 | retroactive to January 1, 2011 and are applicable without | |||||||||||||||||||||||||
13 | regard to whether a member or participant was in active | |||||||||||||||||||||||||
14 | service on or after the effective date of this amendatory Act | |||||||||||||||||||||||||
15 | of the 103rd General Assembly, notwithstanding Section | |||||||||||||||||||||||||
16 | 1-103.1. | |||||||||||||||||||||||||
17 | (40 ILCS 5/1-160) | |||||||||||||||||||||||||
18 | (Text of Section from P.A. 102-719) | |||||||||||||||||||||||||
19 | Sec. 1-160. Provisions applicable to new hires. | |||||||||||||||||||||||||
20 | (a) The provisions of this Section apply to a person who, | |||||||||||||||||||||||||
21 | on or after January 1, 2011, first becomes a member or a | |||||||||||||||||||||||||
22 | participant under any reciprocal retirement system or pension |
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1 | fund established under this Code, other than a retirement | ||||||
2 | system or pension fund established under Article 2, 3, 4, 5, 6, | ||||||
3 | 7, 15, or 18 of this Code, notwithstanding any other provision | ||||||
4 | of this Code to the contrary, but do not apply to any | ||||||
5 | self-managed plan established under this Code or to any | ||||||
6 | participant of the retirement plan established under Section | ||||||
7 | 22-101; except that this Section applies to a person who | ||||||
8 | elected to establish alternative credits by electing in | ||||||
9 | writing after January 1, 2011, but before August 8, 2011, | ||||||
10 | under Section 7-145.1 of this Code. Notwithstanding anything | ||||||
11 | to the contrary in this Section, for purposes of this Section, | ||||||
12 | a person who is a Tier 1 regular employee as defined in Section | ||||||
13 | 7-109.4 of this Code or who participated in a retirement | ||||||
14 | system under Article 15 prior to January 1, 2011 shall be | ||||||
15 | deemed a person who first became a member or participant prior | ||||||
16 | to January 1, 2011 under any retirement system or pension fund | ||||||
17 | subject to this Section. The changes made to this Section by | ||||||
18 | Public Act 98-596 are a clarification of existing law and are | ||||||
19 | intended to be retroactive to January 1, 2011 (the effective | ||||||
20 | date of Public Act 96-889), notwithstanding the provisions of | ||||||
21 | Section 1-103.1 of this Code. | ||||||
22 | This Section does not apply to a person who first becomes a | ||||||
23 | noncovered employee under Article 14 on or after the | ||||||
24 | implementation date of the plan created under Section 1-161 | ||||||
25 | for that Article, unless that person elects under subsection | ||||||
26 | (b) of Section 1-161 to instead receive the benefits provided |
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1 | under this Section and the applicable provisions of that | ||||||
2 | Article. | ||||||
3 | This Section does not apply to a person who first becomes a | ||||||
4 | member or participant under Article 16 on or after the | ||||||
5 | implementation date of the plan created under Section 1-161 | ||||||
6 | for that Article, unless that person elects under subsection | ||||||
7 | (b) of Section 1-161 to instead receive the benefits provided | ||||||
8 | under this Section and the applicable provisions of that | ||||||
9 | Article. | ||||||
10 | This Section does not apply to a person who elects under | ||||||
11 | subsection (c-5) of Section 1-161 to receive the benefits | ||||||
12 | under Section 1-161. | ||||||
13 | This Section does not apply to a person who first becomes a | ||||||
14 | member or participant of an affected pension fund on or after 6 | ||||||
15 | months after the resolution or ordinance date, as defined in | ||||||
16 | Section 1-162, unless that person elects under subsection (c) | ||||||
17 | of Section 1-162 to receive the benefits provided under this | ||||||
18 | Section and the applicable provisions of the Article under | ||||||
19 | which he or she is a member or participant. | ||||||
20 | (b) "Final average salary" means, except as otherwise | ||||||
21 | provided in this subsection, the average monthly (or annual) | ||||||
22 | salary obtained by dividing the total salary or earnings | ||||||
23 | calculated under the Article applicable to the member or | ||||||
24 | participant during the 96 consecutive months (or 8 consecutive | ||||||
25 | years) of service within the last 120 months (or 10 years) of | ||||||
26 | service in which the total salary or earnings calculated under |
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1 | the applicable Article was the highest by the number of months | ||||||
2 | (or years) of service in that period. For the purposes of a | ||||||
3 | person who first becomes a member or participant of any | ||||||
4 | retirement system or pension fund to which this Section | ||||||
5 | applies on or after January 1, 2011, in this Code, "final | ||||||
6 | average 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 | ||||||
18 | of Illinois who retires on or after June 1, 2021 and for whom | ||||||
19 | the 2020-2021 school year is used in the calculation of the | ||||||
20 | member's final average salary shall use the higher of the | ||||||
21 | following for the purpose of determining the member's final | ||||||
22 | average 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 |
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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 | ||||||
9 | this Code (including without limitation the calculation of | ||||||
10 | benefits and employee contributions), the annual earnings, | ||||||
11 | salary, or wages (based on the plan year) of a member or | ||||||
12 | participant to whom this Section applies shall not exceed | ||||||
13 | $106,800; however, that amount shall annually thereafter be | ||||||
14 | increased by the lesser of (i) 3% of that amount, including all | ||||||
15 | previous adjustments, or (ii) one-half the annual unadjusted | ||||||
16 | percentage increase (but not less than zero) in the consumer | ||||||
17 | price index-u for the 12 months ending with the September | ||||||
18 | preceding each November 1, including all previous adjustments. | ||||||
19 | For the purposes of this Section, "consumer price index-u" | ||||||
20 | means the index published by the Bureau of Labor Statistics of | ||||||
21 | the United States Department of Labor that measures the | ||||||
22 | average change in prices of goods and services purchased by | ||||||
23 | all urban consumers, United States city average, all items, | ||||||
24 | 1982-84 = 100. The new amount resulting from each annual | ||||||
25 | adjustment shall be determined by the Public Pension Division | ||||||
26 | of the Department of Insurance and made available to the |
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1 | boards of the retirement systems and pension funds by November | ||||||
2 | 1 of each year. | ||||||
3 | (b-10) Beginning on January 1, 2024, for all purposes | ||||||
4 | under this Code (including, without limitation, the | ||||||
5 | calculation of benefits and employee contributions), the | ||||||
6 | annual earnings, salary, or wages (based on the plan year) of a | ||||||
7 | member or participant under Article 9 to whom this Section | ||||||
8 | applies shall include an annual earnings, salary, or wage cap | ||||||
9 | that tracks the Social Security wage base. Maximum annual | ||||||
10 | earnings, wages, or salary shall be the annual contribution | ||||||
11 | and benefit base established for the applicable year by the | ||||||
12 | Commissioner of the Social Security Administration under the | ||||||
13 | federal Social Security Act. | ||||||
14 | However, in no event shall the annual earnings, salary, or | ||||||
15 | wages for the purposes of this Article and Article 9 exceed any | ||||||
16 | limitation imposed on annual earnings, salary, or wages under | ||||||
17 | Section 1-117. Under no circumstances shall the maximum amount | ||||||
18 | of annual earnings, salary, or wages be greater than the | ||||||
19 | amount set forth in this subsection (b-10) as a result of | ||||||
20 | reciprocal service or any provisions regarding reciprocal | ||||||
21 | services, nor shall the Fund under Article 9 be required to pay | ||||||
22 | any refund as a result of the application of this maximum | ||||||
23 | annual earnings, salary, and wage cap. | ||||||
24 | Nothing in this subsection (b-10) shall cause or otherwise | ||||||
25 | result in any retroactive adjustment of any employee | ||||||
26 | contributions. Nothing in this subsection (b-10) shall cause |
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1 | or otherwise result in any retroactive adjustment of | ||||||
2 | disability or other payments made between January 1, 2011 and | ||||||
3 | January 1, 2024. | ||||||
4 | (c) A member or participant is entitled to a retirement | ||||||
5 | annuity upon written application if he or she has attained age | ||||||
6 | 67 (age 65, with respect to service under Article 12 that is | ||||||
7 | subject to this Section, for a member or participant under | ||||||
8 | Article 12 who first becomes a member or participant under | ||||||
9 | Article 12 on or after January 1, 2022 or who makes the | ||||||
10 | election under item (i) of subsection (d-15) of this Section) | ||||||
11 | and has at least 10 years of service credit and is otherwise | ||||||
12 | eligible under the requirements of the applicable Article. | ||||||
13 | A member or participant who has attained age 62 (age 60, | ||||||
14 | with respect to service under Article 12 that is subject to | ||||||
15 | this Section, for a member or participant under Article 12 who | ||||||
16 | first becomes a member or participant under Article 12 on or | ||||||
17 | after January 1, 2022 or who makes the election under item (i) | ||||||
18 | of subsection (d-15) of this Section) and has at least 10 years | ||||||
19 | of service credit and is otherwise eligible under the | ||||||
20 | requirements of the applicable Article may elect to receive | ||||||
21 | the lower retirement annuity provided in subsection (d) of | ||||||
22 | this Section. | ||||||
23 | (c-5) (Blank) A person who first becomes a member or a | ||||||
24 | participant subject to this Section on or after July 6, 2017 | ||||||
25 | (the effective date of Public Act 100-23), notwithstanding any | ||||||
26 | other provision of this Code to the contrary, is entitled to a |
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1 | retirement annuity under Article 8 or Article 11 upon written | ||||||
2 | application if he or she has attained age 65 and has at least | ||||||
3 | 10 years of service credit and is otherwise eligible under the | ||||||
4 | requirements of Article 8 or Article 11 of this Code, | ||||||
5 | whichever is applicable . | ||||||
6 | (d) The retirement annuity of a member or participant who | ||||||
7 | is retiring after attaining age 62 (age 60, with respect to | ||||||
8 | service under Article 12 that is subject to this Section, for a | ||||||
9 | member or participant under Article 12 who first becomes a | ||||||
10 | member or participant under Article 12 on or after January 1, | ||||||
11 | 2022 or who makes the election under item (i) of subsection | ||||||
12 | (d-15) of this Section) with at least 10 years of service | ||||||
13 | credit shall be reduced by one-half of 1% for each full month | ||||||
14 | that the member's age is under age 67 (age 65, with respect to | ||||||
15 | service under Article 12 that is subject to this Section, for a | ||||||
16 | member or participant under Article 12 who first becomes a | ||||||
17 | member or participant under Article 12 on or after January 1, | ||||||
18 | 2022 or who makes the election under item (i) of subsection | ||||||
19 | (d-15) of this Section). | ||||||
20 | (d-5) (Blank). The retirement annuity payable under | ||||||
21 | Article 8 or Article 11 to an eligible person subject to | ||||||
22 | subsection (c-5) of this Section who is retiring at age 60 with | ||||||
23 | at least 10 years of service credit shall be reduced by | ||||||
24 | one-half of 1% for each full month that the member's age is | ||||||
25 | under age 65. | ||||||
26 | (d-10) Each person who first became a member or |
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1 | participant under Article 8 or Article 11 of this Code on or | ||||||
2 | after January 1, 2011 and prior to July 6, 2017 (the effective | ||||||
3 | date of Public Act 100-23) shall make an irrevocable election | ||||||
4 | either: | ||||||
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 | ||||||
22 | between October 1, 2017 and November 15, 2017. A person | ||||||
23 | subject to this subsection who makes the required election | ||||||
24 | shall remain bound by that election , except that an election | ||||||
25 | made under this subsection is rescinded by operation of law | ||||||
26 | and such person is subject to the provisions otherwise |
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1 | applicable to a participant who first become a participant | ||||||
2 | under Article 8 or Article 11 on or after January 1, 2011 . A | ||||||
3 | person subject to this subsection who fails for any reason to | ||||||
4 | make the required election within the time specified in this | ||||||
5 | subsection shall be deemed to have made the election under | ||||||
6 | item (ii). | ||||||
7 | (d-15) Each person who first becomes a member or | ||||||
8 | participant under Article 12 on or after January 1, 2011 and | ||||||
9 | prior to January 1, 2022 shall make an irrevocable election | ||||||
10 | either: | ||||||
11 | (i) to be eligible for the reduced retirement age | ||||||
12 | specified in subsections (c) and (d) of this Section, the | ||||||
13 | eligibility for which is conditioned upon the member or | ||||||
14 | participant agreeing to the increase in employee | ||||||
15 | contributions for service annuities specified in | ||||||
16 | subsection (b) of Section 12-150; or | ||||||
17 | (ii) to not agree to item (i) of this subsection | ||||||
18 | (d-15), in which case the member or participant shall not | ||||||
19 | be eligible for the reduced retirement age specified in | ||||||
20 | subsections (c) and (d) of this Section and shall not be | ||||||
21 | subject to the increase in employee contributions for | ||||||
22 | service annuities specified in subsection (b) of Section | ||||||
23 | 12-150. | ||||||
24 | The election provided for in this subsection shall be made | ||||||
25 | between January 1, 2022 and April 1, 2022. A person subject to | ||||||
26 | this subsection who makes the required election shall remain |
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1 | bound by that election , except that an election made under | ||||||
2 | this subsection is rescinded by operation of law and such | ||||||
3 | person is subject to the provisions otherwise applicable to a | ||||||
4 | participant who first become a participant under Article 12 on | ||||||
5 | or after January 1, 2011 . A person subject to this subsection | ||||||
6 | who fails for any reason to make the required election within | ||||||
7 | the time specified in this subsection shall be deemed to have | ||||||
8 | made the election under item (ii). | ||||||
9 | (e) Any retirement annuity or supplemental annuity shall | ||||||
10 | be subject to annual increases on the January 1 occurring | ||||||
11 | either on or after the attainment of age 67 (age 65, with | ||||||
12 | respect to service under Article 12 that is subject to this | ||||||
13 | Section, for a member or participant under Article 12 who | ||||||
14 | first becomes a member or participant under Article 12 on or | ||||||
15 | after January 1, 2022 or who makes the election under item (i) | ||||||
16 | of subsection (d-15); and beginning on July 6, 2017 (the | ||||||
17 | effective date of Public Act 100-23), age 65 with respect to | ||||||
18 | service under Article 8 or Article 11 for eligible persons | ||||||
19 | who: (i) are subject to subsection (c-5) of this Section; or | ||||||
20 | (ii) made the election under item (i) of subsection (d-10) of | ||||||
21 | this Section) or the first anniversary of the annuity start | ||||||
22 | date, whichever is later. Each annual increase shall be | ||||||
23 | calculated at 3% or one-half the annual unadjusted percentage | ||||||
24 | increase (but not less than zero) in the consumer price | ||||||
25 | index-u for the 12 months ending with the September preceding | ||||||
26 | each November 1, whichever is less, of the originally granted |
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1 | retirement annuity. If the annual unadjusted percentage change | ||||||
2 | in the consumer price index-u for the 12 months ending with the | ||||||
3 | September preceding each November 1 is zero or there is a | ||||||
4 | decrease, then the annuity shall not be increased. | ||||||
5 | For the purposes of Section 1-103.1 of this Code, the | ||||||
6 | changes made to this Section by Public Act 102-263 are | ||||||
7 | applicable without regard to whether the employee was in | ||||||
8 | active service on or after August 6, 2021 (the effective date | ||||||
9 | of Public Act 102-263). | ||||||
10 | For the purposes of Section 1-103.1 of this Code, the | ||||||
11 | changes made to this Section by Public Act 100-23 are | ||||||
12 | applicable without regard to whether the employee was in | ||||||
13 | active service on or after July 6, 2017 (the effective date of | ||||||
14 | Public Act 100-23). | ||||||
15 | (f) The initial survivor's or widow's annuity of an | ||||||
16 | otherwise eligible survivor or widow of a retired member or | ||||||
17 | participant who first became a member or participant on or | ||||||
18 | after January 1, 2011 shall be in the amount of 66 2/3% of the | ||||||
19 | retired member's or participant's retirement annuity at the | ||||||
20 | date of death. In the case of the death of a member or | ||||||
21 | participant who has not retired and who first became a member | ||||||
22 | or participant on or after January 1, 2011, eligibility for a | ||||||
23 | survivor's or widow's annuity shall be determined by the | ||||||
24 | applicable Article of this Code. The initial benefit shall be | ||||||
25 | 66 2/3% of the earned annuity without a reduction due to age. A | ||||||
26 | child's annuity of an otherwise eligible child shall be in the |
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1 | amount prescribed under each Article if applicable. Any | ||||||
2 | survivor's or widow's annuity shall be increased (1) on each | ||||||
3 | January 1 occurring on or after the commencement of the | ||||||
4 | annuity if the deceased member died while receiving a | ||||||
5 | retirement annuity or (2) in other cases, on each January 1 | ||||||
6 | occurring after the first anniversary of the commencement of | ||||||
7 | the annuity. Each annual increase shall be calculated at 3% or | ||||||
8 | one-half the annual unadjusted percentage increase (but not | ||||||
9 | less than zero) in the consumer price index-u for the 12 months | ||||||
10 | ending with the September preceding each November 1, whichever | ||||||
11 | is less, of the originally granted survivor's annuity. If the | ||||||
12 | annual unadjusted percentage change in the consumer price | ||||||
13 | index-u for the 12 months ending with the September preceding | ||||||
14 | each November 1 is zero or there is a decrease, then the | ||||||
15 | annuity shall not be increased. | ||||||
16 | (g) The benefits in Section 14-110 apply if the person is a | ||||||
17 | fire fighter in the fire protection service of a department, a | ||||||
18 | security employee of the Department of Corrections or the | ||||||
19 | Department of Juvenile Justice, or a security employee of the | ||||||
20 | Department of Innovation and Technology, as those terms are | ||||||
21 | defined in subsection (b) and subsection (c) of Section | ||||||
22 | 14-110. A person who meets the requirements of this Section is | ||||||
23 | entitled to an annuity calculated under the provisions of | ||||||
24 | Section 14-110, in lieu of the regular or minimum retirement | ||||||
25 | annuity, only if the person has withdrawn from service with | ||||||
26 | not less than 20 years of eligible creditable service and has |
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1 | attained age 60, regardless of whether the attainment of age | ||||||
2 | 60 occurs while the person is still in service. | ||||||
3 | (g-5) The benefits in Section 14-110 apply if the person | ||||||
4 | is a State policeman, investigator for the Secretary of State, | ||||||
5 | conservation police officer, investigator for the Department | ||||||
6 | of Revenue or the Illinois Gaming Board, investigator for the | ||||||
7 | Office of the Attorney General, Commerce Commission police | ||||||
8 | officer, or arson investigator, as those terms are defined in | ||||||
9 | subsection (b) and subsection (c) of Section 14-110. A person | ||||||
10 | who meets the requirements of this Section is entitled to an | ||||||
11 | annuity calculated under the provisions of Section 14-110, in | ||||||
12 | lieu of the regular or minimum retirement annuity, only if the | ||||||
13 | person has withdrawn from service with not less than 20 years | ||||||
14 | of eligible creditable service and has attained age 55, | ||||||
15 | regardless of whether the attainment of age 55 occurs while | ||||||
16 | the person is still in service. | ||||||
17 | (h) If a person who first becomes a member or a participant | ||||||
18 | of a retirement system or pension fund subject to this Section | ||||||
19 | on or after January 1, 2011 is receiving a retirement annuity | ||||||
20 | or retirement pension under that system or fund and becomes a | ||||||
21 | member or participant under any other system or fund created | ||||||
22 | by this Code and is employed on a full-time basis, except for | ||||||
23 | those members or participants exempted from the provisions of | ||||||
24 | this Section under subsection (a) of this Section, then the | ||||||
25 | person's retirement annuity or retirement pension under that | ||||||
26 | system or fund shall be suspended during that employment. Upon |
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1 | termination of that employment, the person's retirement | ||||||
2 | annuity or retirement pension payments shall resume and be | ||||||
3 | recalculated if recalculation is provided for under the | ||||||
4 | applicable Article of this Code. | ||||||
5 | If a person who first becomes a member of a retirement | ||||||
6 | system or pension fund subject to this Section on or after | ||||||
7 | January 1, 2012 and is receiving a retirement annuity or | ||||||
8 | retirement pension under that system or fund and accepts on a | ||||||
9 | contractual basis a position to provide services to a | ||||||
10 | governmental entity from which he or she has retired, then | ||||||
11 | that person's annuity or retirement pension earned as an | ||||||
12 | active employee of the employer shall be suspended during that | ||||||
13 | contractual service. A person receiving an annuity or | ||||||
14 | retirement pension under this Code shall notify the pension | ||||||
15 | fund or retirement system from which he or she is receiving an | ||||||
16 | annuity or retirement pension, as well as his or her | ||||||
17 | contractual employer, of his or her retirement status before | ||||||
18 | accepting contractual employment. A person who fails to submit | ||||||
19 | such notification shall be guilty of a Class A misdemeanor and | ||||||
20 | required to pay a fine of $1,000. Upon termination of that | ||||||
21 | contractual employment, the person's retirement annuity or | ||||||
22 | retirement pension payments shall resume and, if appropriate, | ||||||
23 | be recalculated under the applicable provisions of this Code. | ||||||
24 | (i) (Blank). | ||||||
25 | (j) Except for conflicts between this Section and Section | ||||||
26 | 1-163, in In the case of a conflict between the provisions of |
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1 | this Section and any other provision of this Code, the | ||||||
2 | provisions of this Section shall control. | ||||||
3 | (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | ||||||
4 | 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-719, eff. | ||||||
5 | 5-6-22.) | ||||||
6 | (Text of Section from P.A. 102-813) | ||||||
7 | Sec. 1-160. Provisions applicable to new hires. | ||||||
8 | (a) The provisions of this Section apply to a person who, | ||||||
9 | on or after January 1, 2011, first becomes a member or a | ||||||
10 | participant under any reciprocal retirement system or pension | ||||||
11 | fund established under this Code, other than a retirement | ||||||
12 | system or pension fund established under Article 2, 3, 4, 5, 6, | ||||||
13 | 7, 15, or 18 of this Code, notwithstanding any other provision | ||||||
14 | of this Code to the contrary, but do not apply to any | ||||||
15 | self-managed plan established under this Code or to any | ||||||
16 | participant of the retirement plan established under Section | ||||||
17 | 22-101; except that this Section applies to a person who | ||||||
18 | elected to establish alternative credits by electing in | ||||||
19 | writing after January 1, 2011, but before August 8, 2011, | ||||||
20 | under Section 7-145.1 of this Code. Notwithstanding anything | ||||||
21 | to the contrary in this Section, for purposes of this Section, | ||||||
22 | a person who is a Tier 1 regular employee as defined in Section | ||||||
23 | 7-109.4 of this Code or who participated in a retirement | ||||||
24 | system under Article 15 prior to January 1, 2011 shall be | ||||||
25 | deemed a person who first became a member or participant prior |
| |||||||
| |||||||
1 | to January 1, 2011 under any retirement system or pension fund | ||||||
2 | subject to this Section. The changes made to this Section by | ||||||
3 | Public Act 98-596 are a clarification of existing law and are | ||||||
4 | intended to be retroactive to January 1, 2011 (the effective | ||||||
5 | date of Public Act 96-889), notwithstanding the provisions of | ||||||
6 | Section 1-103.1 of this Code. | ||||||
7 | This Section does not apply to a person who first becomes a | ||||||
8 | noncovered employee under Article 14 on or after the | ||||||
9 | implementation date of the plan created under Section 1-161 | ||||||
10 | for that Article, unless that person elects under subsection | ||||||
11 | (b) of Section 1-161 to instead receive the benefits provided | ||||||
12 | under this Section and the applicable provisions of that | ||||||
13 | Article. | ||||||
14 | This Section does not apply to a person who first becomes a | ||||||
15 | member or participant under Article 16 on or after the | ||||||
16 | implementation date of the plan created under Section 1-161 | ||||||
17 | for that Article, unless that person elects under subsection | ||||||
18 | (b) of Section 1-161 to instead receive the benefits provided | ||||||
19 | under this Section and the applicable provisions of that | ||||||
20 | Article. | ||||||
21 | This Section does not apply to a person who elects under | ||||||
22 | subsection (c-5) of Section 1-161 to receive the benefits | ||||||
23 | under Section 1-161. | ||||||
24 | This Section does not apply to a person who first becomes a | ||||||
25 | member or participant of an affected pension fund on or after 6 | ||||||
26 | months after the resolution or ordinance date, as defined in |
| |||||||
| |||||||
1 | Section 1-162, unless that person elects under subsection (c) | ||||||
2 | of Section 1-162 to receive the benefits provided under this | ||||||
3 | Section and the applicable provisions of the Article under | ||||||
4 | which he or she is a member or participant. | ||||||
5 | (b) "Final average salary" means, except as otherwise | ||||||
6 | provided in this subsection, the average monthly (or annual) | ||||||
7 | salary obtained by dividing the total salary or earnings | ||||||
8 | calculated under the Article applicable to the member or | ||||||
9 | participant during the 96 consecutive months (or 8 consecutive | ||||||
10 | years) of service within the last 120 months (or 10 years) of | ||||||
11 | service in which the total salary or earnings calculated under | ||||||
12 | the applicable Article was the highest by the number of months | ||||||
13 | (or years) of service in that period. For the purposes of a | ||||||
14 | person who first becomes a member or participant of any | ||||||
15 | retirement system or pension fund to which this Section | ||||||
16 | applies on or after January 1, 2011, in this Code, "final | ||||||
17 | average salary" shall be substituted for the following: | ||||||
18 | (1) (Blank). | ||||||
19 | (2) In Articles 8, 9, 10, 11, and 12, "highest average | ||||||
20 | annual salary for any 4 consecutive years within the last | ||||||
21 | 10 years of service immediately preceding the date of | ||||||
22 | withdrawal". | ||||||
23 | (3) In Article 13, "average final salary". | ||||||
24 | (4) In Article 14, "final average compensation". | ||||||
25 | (5) In Article 17, "average salary". | ||||||
26 | (6) In Section 22-207, "wages or salary received by |
| |||||||
| |||||||
1 | him at the date of retirement or discharge". | ||||||
2 | A member of the Teachers' Retirement System of the State | ||||||
3 | of Illinois who retires on or after June 1, 2021 and for whom | ||||||
4 | the 2020-2021 school year is used in the calculation of the | ||||||
5 | member's final average salary shall use the higher of the | ||||||
6 | following for the purpose of determining the member's final | ||||||
7 | average salary: | ||||||
8 | (A) the amount otherwise calculated under the first | ||||||
9 | paragraph of this subsection; or | ||||||
10 | (B) an amount calculated by the Teachers' Retirement | ||||||
11 | System of the State of Illinois using the average of the | ||||||
12 | monthly (or annual) salary obtained by dividing the total | ||||||
13 | salary or earnings calculated under Article 16 applicable | ||||||
14 | to the member or participant during the 96 months (or 8 | ||||||
15 | years) of service within the last 120 months (or 10 years) | ||||||
16 | of service in which the total salary or earnings | ||||||
17 | calculated under the Article was the highest by the number | ||||||
18 | of months (or years) of service in that period. | ||||||
19 | (b-5) Beginning on January 1, 2011, for all purposes under | ||||||
20 | this Code (including without limitation the calculation of | ||||||
21 | benefits and employee contributions), the annual earnings, | ||||||
22 | salary, or wages (based on the plan year) of a member or | ||||||
23 | participant to whom this Section applies shall not exceed | ||||||
24 | $106,800; however, that amount shall annually thereafter be | ||||||
25 | increased by the lesser of (i) 3% of that amount, including all | ||||||
26 | previous adjustments, or (ii) one-half the annual unadjusted |
| |||||||
| |||||||
1 | percentage increase (but not less than zero) in the consumer | ||||||
2 | price index-u for the 12 months ending with the September | ||||||
3 | preceding each November 1, including all previous adjustments. | ||||||
4 | For the purposes of this Section, "consumer price index-u" | ||||||
5 | means the index published by the Bureau of Labor Statistics of | ||||||
6 | the United States Department of Labor that measures the | ||||||
7 | average change in prices of goods and services purchased by | ||||||
8 | all urban consumers, United States city average, all items, | ||||||
9 | 1982-84 = 100. The new amount resulting from each annual | ||||||
10 | adjustment shall be determined by the Public Pension Division | ||||||
11 | of the Department of Insurance and made available to the | ||||||
12 | boards of the retirement systems and pension funds by November | ||||||
13 | 1 of each year. | ||||||
14 | (b-10) Beginning on January 1, 2024, for all purposes | ||||||
15 | under this Code (including, without limitation, the | ||||||
16 | calculation of benefits and employee contributions), the | ||||||
17 | annual earnings, salary, or wages (based on the plan year) of a | ||||||
18 | member or participant under Article 9 to whom this Section | ||||||
19 | applies shall include an annual earnings, salary, or wage cap | ||||||
20 | that tracks the Social Security wage base. Maximum annual | ||||||
21 | earnings, wages, or salary shall be the annual contribution | ||||||
22 | and benefit base established for the applicable year by the | ||||||
23 | Commissioner of the Social Security Administration under the | ||||||
24 | federal Social Security Act. | ||||||
25 | However, in no event shall the annual earnings, salary, or | ||||||
26 | wages for the purposes of this Article and Article 9 exceed any |
| |||||||
| |||||||
1 | limitation imposed on annual earnings, salary, or wages under | ||||||
2 | Section 1-117. Under no circumstances shall the maximum amount | ||||||
3 | of annual earnings, salary, or wages be greater than the | ||||||
4 | amount set forth in this subsection (b-10) as a result of | ||||||
5 | reciprocal service or any provisions regarding reciprocal | ||||||
6 | services, nor shall the Fund under Article 9 be required to pay | ||||||
7 | any refund as a result of the application of this maximum | ||||||
8 | annual earnings, salary, and wage cap. | ||||||
9 | Nothing in this subsection (b-10) shall cause or otherwise | ||||||
10 | result in any retroactive adjustment of any employee | ||||||
11 | contributions. Nothing in this subsection (b-10) shall cause | ||||||
12 | or otherwise result in any retroactive adjustment of | ||||||
13 | disability or other payments made between January 1, 2011 and | ||||||
14 | January 1, 2024. | ||||||
15 | (c) A member or participant is entitled to a retirement | ||||||
16 | annuity upon written application if he or she has attained age | ||||||
17 | 67 (age 65, with respect to service under Article 12 that is | ||||||
18 | subject to this Section, for a member or participant under | ||||||
19 | Article 12 who first becomes a member or participant under | ||||||
20 | Article 12 on or after January 1, 2022 or who makes the | ||||||
21 | election under item (i) of subsection (d-15) of this Section) | ||||||
22 | and has at least 10 years of service credit and is otherwise | ||||||
23 | eligible under the requirements of the applicable Article. | ||||||
24 | A member or participant who has attained age 62 (age 60, | ||||||
25 | with respect to service under Article 12 that is subject to | ||||||
26 | this Section, for a member or participant under Article 12 who |
| |||||||
| |||||||
1 | first becomes a member or participant under Article 12 on or | ||||||
2 | after January 1, 2022 or who makes the election under item (i) | ||||||
3 | of subsection (d-15) of this Section) and has at least 10 years | ||||||
4 | of service credit and is otherwise eligible under the | ||||||
5 | requirements of the applicable Article may elect to receive | ||||||
6 | the lower retirement annuity provided in subsection (d) of | ||||||
7 | this Section. | ||||||
8 | (c-5) (Blank) A person who first becomes a member or a | ||||||
9 | participant subject to this Section on or after July 6, 2017 | ||||||
10 | (the effective date of Public Act 100-23), notwithstanding any | ||||||
11 | other provision of this Code to the contrary, is entitled to a | ||||||
12 | retirement annuity under Article 8 or Article 11 upon written | ||||||
13 | application if he or she has attained age 65 and has at least | ||||||
14 | 10 years of service credit and is otherwise eligible under the | ||||||
15 | requirements of Article 8 or Article 11 of this Code, | ||||||
16 | whichever is applicable . | ||||||
17 | (d) The retirement annuity of a member or participant who | ||||||
18 | is retiring after attaining age 62 (age 60, with respect to | ||||||
19 | service under Article 12 that is subject to this Section, for a | ||||||
20 | member or participant under Article 12 who first becomes a | ||||||
21 | member or participant under Article 12 on or after January 1, | ||||||
22 | 2022 or who makes the election under item (i) of subsection | ||||||
23 | (d-15) of this Section) with at least 10 years of service | ||||||
24 | credit shall be reduced by one-half of 1% for each full month | ||||||
25 | that the member's age is under age 67 (age 65, with respect to | ||||||
26 | service under Article 12 that is subject to this Section, for a |
| |||||||
| |||||||
1 | member or participant under Article 12 who first becomes a | ||||||
2 | member or participant under Article 12 on or after January 1, | ||||||
3 | 2022 or who makes the election under item (i) of subsection | ||||||
4 | (d-15) of this Section). | ||||||
5 | (d-5) (Blank). The retirement annuity payable under | ||||||
6 | Article 8 or Article 11 to an eligible person subject to | ||||||
7 | subsection (c-5) of this Section who is retiring at age 60 with | ||||||
8 | at least 10 years of service credit shall be reduced by | ||||||
9 | one-half of 1% for each full month that the member's age is | ||||||
10 | under age 65. | ||||||
11 | (d-10) Each person who first became a member or | ||||||
12 | participant under Article 8 or Article 11 of this Code on or | ||||||
13 | after January 1, 2011 and prior to July 6, 2017 (the effective | ||||||
14 | date of Public Act 100-23) shall make an irrevocable election | ||||||
15 | either: | ||||||
16 | (i) to be eligible for the reduced retirement age | ||||||
17 | provided in subsections (c-5) and (d-5) of this Section, | ||||||
18 | the eligibility for which is conditioned upon the member | ||||||
19 | or participant agreeing to the increases in employee | ||||||
20 | contributions for age and service annuities provided in | ||||||
21 | subsection (a-5) of Section 8-174 of this Code (for | ||||||
22 | service under Article 8) or subsection (a-5) of Section | ||||||
23 | 11-170 of this Code (for service under Article 11); or | ||||||
24 | (ii) to not agree to item (i) of this subsection | ||||||
25 | (d-10), in which case the member or participant shall | ||||||
26 | continue to be subject to the retirement age provisions in |
| |||||||
| |||||||
1 | subsections (c) and (d) of this Section and the employee | ||||||
2 | contributions for age and service annuity as provided in | ||||||
3 | subsection (a) of Section 8-174 of this Code (for service | ||||||
4 | under Article 8) or subsection (a) of Section 11-170 of | ||||||
5 | this Code (for service under Article 11). | ||||||
6 | The election provided for in this subsection shall be made | ||||||
7 | between October 1, 2017 and November 15, 2017. A person | ||||||
8 | subject to this subsection who makes the required election | ||||||
9 | shall remain bound by that election , except that an election | ||||||
10 | made under this subsection is rescinded by operation of law | ||||||
11 | and such person is subject to the provisions otherwise | ||||||
12 | applicable to a participant who first become a participant | ||||||
13 | under Article 8 or Article 11 on or after January 1, 2011 . A | ||||||
14 | person subject to this subsection who fails for any reason to | ||||||
15 | make the required election within the time specified in this | ||||||
16 | subsection shall be deemed to have made the election under | ||||||
17 | item (ii). | ||||||
18 | (d-15) Each person who first becomes a member or | ||||||
19 | participant under Article 12 on or after January 1, 2011 and | ||||||
20 | prior to January 1, 2022 shall make an irrevocable election | ||||||
21 | either: | ||||||
22 | (i) to be eligible for the reduced retirement age | ||||||
23 | specified in subsections (c) and (d) of this Section, the | ||||||
24 | eligibility for which is conditioned upon the member or | ||||||
25 | participant agreeing to the increase in employee | ||||||
26 | contributions for service annuities specified in |
| |||||||
| |||||||
1 | subsection (b) of Section 12-150; or | ||||||
2 | (ii) to not agree to item (i) of this subsection | ||||||
3 | (d-15), in which case the member or participant shall not | ||||||
4 | be eligible for the reduced retirement age specified in | ||||||
5 | subsections (c) and (d) of this Section and shall not be | ||||||
6 | subject to the increase in employee contributions for | ||||||
7 | service annuities specified in subsection (b) of Section | ||||||
8 | 12-150. | ||||||
9 | The election provided for in this subsection shall be made | ||||||
10 | between January 1, 2022 and April 1, 2022. A person subject to | ||||||
11 | this subsection who makes the required election shall remain | ||||||
12 | bound by that election , except that an election made under | ||||||
13 | this subsection is rescinded by operation of law and such | ||||||
14 | person is subject to the provisions otherwise applicable to a | ||||||
15 | participant who first become a participant under Article 12 on | ||||||
16 | or after January 1, 2011 . A person subject to this subsection | ||||||
17 | who fails for any reason to make the required election within | ||||||
18 | the time specified in this subsection shall be deemed to have | ||||||
19 | made the election under item (ii). | ||||||
20 | (e) Any retirement annuity or supplemental annuity shall | ||||||
21 | be subject to annual increases on the January 1 occurring | ||||||
22 | either on or after the attainment of age 67 (age 65, with | ||||||
23 | respect to service under Article 12 that is subject to this | ||||||
24 | Section, for a member or participant under Article 12 who | ||||||
25 | first becomes a member or participant under Article 12 on or | ||||||
26 | after January 1, 2022 or who makes the election under item (i) |
| |||||||
| |||||||
1 | of subsection (d-15); and beginning on July 6, 2017 (the | ||||||
2 | effective date of Public Act 100-23), age 65 with respect to | ||||||
3 | service under Article 8 or Article 11 for eligible persons | ||||||
4 | who: (i) are subject to subsection (c-5) of this Section; or | ||||||
5 | (ii) made the election under item (i) of subsection (d-10) of | ||||||
6 | this Section) or the first anniversary of the annuity start | ||||||
7 | date, whichever is later. Each annual increase shall be | ||||||
8 | calculated at 3% or one-half the annual unadjusted percentage | ||||||
9 | increase (but not less than zero) in the consumer price | ||||||
10 | index-u for the 12 months ending with the September preceding | ||||||
11 | each November 1, whichever is less, of the originally granted | ||||||
12 | retirement annuity. If the annual unadjusted percentage change | ||||||
13 | in the consumer price index-u for the 12 months ending with the | ||||||
14 | September preceding each November 1 is zero or there is a | ||||||
15 | decrease, then the annuity shall not be increased. | ||||||
16 | For the purposes of Section 1-103.1 of this Code, the | ||||||
17 | changes made to this Section by Public Act 102-263 are | ||||||
18 | applicable without regard to whether the employee was in | ||||||
19 | active service on or after August 6, 2021 (the effective date | ||||||
20 | of Public Act 102-263). | ||||||
21 | For the purposes of Section 1-103.1 of this Code, the | ||||||
22 | changes made to this Section by Public Act 100-23 are | ||||||
23 | applicable without regard to whether the employee was in | ||||||
24 | active service on or after July 6, 2017 (the effective date of | ||||||
25 | Public Act 100-23). | ||||||
26 | (f) The initial survivor's or widow's annuity of an |
| |||||||
| |||||||
1 | otherwise eligible survivor or widow of a retired member or | ||||||
2 | participant who first became a member or participant on or | ||||||
3 | after January 1, 2011 shall be in the amount of 66 2/3% of the | ||||||
4 | retired member's or participant's retirement annuity at the | ||||||
5 | date of death. In the case of the death of a member or | ||||||
6 | participant who has not retired and who first became a member | ||||||
7 | or participant on or after January 1, 2011, eligibility for a | ||||||
8 | survivor's or widow's annuity shall be determined by the | ||||||
9 | applicable Article of this Code. The initial benefit shall be | ||||||
10 | 66 2/3% of the earned annuity without a reduction due to age. A | ||||||
11 | child's annuity of an otherwise eligible child shall be in the | ||||||
12 | amount prescribed under each Article if applicable. Any | ||||||
13 | survivor's or widow's annuity shall be increased (1) on each | ||||||
14 | January 1 occurring on or after the commencement of the | ||||||
15 | annuity if the deceased member died while receiving a | ||||||
16 | retirement annuity or (2) in other cases, on each January 1 | ||||||
17 | occurring after the first anniversary of the commencement of | ||||||
18 | the annuity. Each annual increase shall be calculated at 3% or | ||||||
19 | one-half the annual unadjusted percentage increase (but not | ||||||
20 | less than zero) in the consumer price index-u for the 12 months | ||||||
21 | ending with the September preceding each November 1, whichever | ||||||
22 | is less, of the originally granted survivor's annuity. If the | ||||||
23 | annual unadjusted percentage change in the consumer price | ||||||
24 | index-u for the 12 months ending with the September preceding | ||||||
25 | each November 1 is zero or there is a decrease, then the | ||||||
26 | annuity shall not be increased. |
| |||||||
| |||||||
1 | (g) The benefits in Section 14-110 apply only if the | ||||||
2 | person is a State policeman, a fire fighter in the fire | ||||||
3 | protection service of a department, a conservation police | ||||||
4 | officer, an investigator for the Secretary of State, an arson | ||||||
5 | investigator, a Commerce Commission police officer, | ||||||
6 | investigator for the Department of Revenue or the Illinois | ||||||
7 | Gaming Board, a security employee of the Department of | ||||||
8 | Corrections or the Department of Juvenile Justice, or a | ||||||
9 | security employee of the Department of Innovation and | ||||||
10 | Technology, as those terms are defined in subsection (b) and | ||||||
11 | subsection (c) of Section 14-110. A person who meets the | ||||||
12 | requirements of this Section is entitled to an annuity | ||||||
13 | calculated under the provisions of Section 14-110, in lieu of | ||||||
14 | the regular or minimum retirement annuity, only if the person | ||||||
15 | has withdrawn from service with not less than 20 years of | ||||||
16 | eligible creditable service and has attained age 60, | ||||||
17 | regardless of whether the attainment of age 60 occurs while | ||||||
18 | the person is still in service. | ||||||
19 | (h) If a person who first becomes a member or a participant | ||||||
20 | of a retirement system or pension fund subject to this Section | ||||||
21 | on or after January 1, 2011 is receiving a retirement annuity | ||||||
22 | or retirement pension under that system or fund and becomes a | ||||||
23 | member or participant under any other system or fund created | ||||||
24 | by this Code and is employed on a full-time basis, except for | ||||||
25 | those members or participants exempted from the provisions of | ||||||
26 | this Section under subsection (a) of this Section, then the |
| |||||||
| |||||||
1 | person's retirement annuity or retirement pension under that | ||||||
2 | system or fund shall be suspended during that employment. Upon | ||||||
3 | termination of that employment, the person's retirement | ||||||
4 | annuity or retirement pension payments shall resume and be | ||||||
5 | recalculated if recalculation is provided for under the | ||||||
6 | applicable Article of this Code. | ||||||
7 | If a person who first becomes a member of a retirement | ||||||
8 | system or pension fund subject to this Section on or after | ||||||
9 | January 1, 2012 and is receiving a retirement annuity or | ||||||
10 | retirement pension under that system or fund and accepts on a | ||||||
11 | contractual basis a position to provide services to a | ||||||
12 | governmental entity from which he or she has retired, then | ||||||
13 | that person's annuity or retirement pension earned as an | ||||||
14 | active employee of the employer shall be suspended during that | ||||||
15 | contractual service. A person receiving an annuity or | ||||||
16 | retirement pension under this Code shall notify the pension | ||||||
17 | fund or retirement system from which he or she is receiving an | ||||||
18 | annuity or retirement pension, as well as his or her | ||||||
19 | contractual employer, of his or her retirement status before | ||||||
20 | accepting contractual employment. A person who fails to submit | ||||||
21 | such notification shall be guilty of a Class A misdemeanor and | ||||||
22 | required to pay a fine of $1,000. Upon termination of that | ||||||
23 | contractual employment, the person's retirement annuity or | ||||||
24 | retirement pension payments shall resume and, if appropriate, | ||||||
25 | be recalculated under the applicable provisions of this Code. | ||||||
26 | (i) (Blank). |
| |||||||
| |||||||
1 | (j) Except for conflicts between this Section and Section | ||||||
2 | 1-163, in In the case of a conflict between the provisions of | ||||||
3 | this Section and any other provision of this Code, the | ||||||
4 | provisions of this Section shall control. | ||||||
5 | (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | ||||||
6 | 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-813, eff. | ||||||
7 | 5-13-22.) | ||||||
8 | (Text of Section from P.A. 102-956) | ||||||
9 | Sec. 1-160. Provisions applicable to new hires. | ||||||
10 | (a) The provisions of this Section apply to a person who, | ||||||
11 | on or after January 1, 2011, first becomes a member or a | ||||||
12 | participant under any reciprocal retirement system or pension | ||||||
13 | fund established under this Code, other than a retirement | ||||||
14 | system or pension fund established under Article 2, 3, 4, 5, 6, | ||||||
15 | 7, 15, or 18 of this Code, notwithstanding any other provision | ||||||
16 | of this Code to the contrary, but do not apply to any | ||||||
17 | self-managed plan established under this Code or to any | ||||||
18 | participant of the retirement plan established under Section | ||||||
19 | 22-101; except that this Section applies to a person who | ||||||
20 | elected to establish alternative credits by electing in | ||||||
21 | writing after January 1, 2011, but before August 8, 2011, | ||||||
22 | under Section 7-145.1 of this Code. Notwithstanding anything | ||||||
23 | to the contrary in this Section, for purposes of this Section, | ||||||
24 | a person who is a Tier 1 regular employee as defined in Section | ||||||
25 | 7-109.4 of this Code or who participated in a retirement |
| |||||||
| |||||||
1 | system under Article 15 prior to January 1, 2011 shall be | ||||||
2 | deemed a person who first became a member or participant prior | ||||||
3 | to January 1, 2011 under any retirement system or pension fund | ||||||
4 | subject to this Section. The changes made to this Section by | ||||||
5 | Public Act 98-596 are a clarification of existing law and are | ||||||
6 | intended to be retroactive to January 1, 2011 (the effective | ||||||
7 | date of Public Act 96-889), notwithstanding the provisions of | ||||||
8 | Section 1-103.1 of this Code. | ||||||
9 | This Section does not apply to a person who first becomes a | ||||||
10 | noncovered employee under Article 14 on or after the | ||||||
11 | implementation date of the plan created under Section 1-161 | ||||||
12 | for that Article, unless that person elects under subsection | ||||||
13 | (b) of Section 1-161 to instead receive the benefits provided | ||||||
14 | under this Section and the applicable provisions of that | ||||||
15 | Article. | ||||||
16 | This Section does not apply to a person who first becomes a | ||||||
17 | member or participant under Article 16 on or after the | ||||||
18 | implementation date of the plan created under Section 1-161 | ||||||
19 | for that Article, unless that person elects under subsection | ||||||
20 | (b) of Section 1-161 to instead receive the benefits provided | ||||||
21 | under this Section and the applicable provisions of that | ||||||
22 | Article. | ||||||
23 | This Section does not apply to a person who elects under | ||||||
24 | subsection (c-5) of Section 1-161 to receive the benefits | ||||||
25 | under Section 1-161. | ||||||
26 | This Section does not apply to a person who first becomes a |
| |||||||
| |||||||
1 | member or participant of an affected pension fund on or after 6 | ||||||
2 | months after the resolution or ordinance date, as defined in | ||||||
3 | Section 1-162, unless that person elects under subsection (c) | ||||||
4 | of Section 1-162 to receive the benefits provided under this | ||||||
5 | Section and the applicable provisions of the Article under | ||||||
6 | which he or she is a member or participant. | ||||||
7 | (b) "Final average salary" means, except as otherwise | ||||||
8 | provided in this subsection, the average monthly (or annual) | ||||||
9 | salary obtained by dividing the total salary or earnings | ||||||
10 | calculated under the Article applicable to the member or | ||||||
11 | participant during the 96 consecutive months (or 8 consecutive | ||||||
12 | years) of service within the last 120 months (or 10 years) of | ||||||
13 | service in which the total salary or earnings calculated under | ||||||
14 | the applicable Article was the highest by the number of months | ||||||
15 | (or years) of service in that period. For the purposes of a | ||||||
16 | person who first becomes a member or participant of any | ||||||
17 | retirement system or pension fund to which this Section | ||||||
18 | applies on or after January 1, 2011, in this Code, "final | ||||||
19 | average salary" shall be substituted for the following: | ||||||
20 | (1) (Blank). | ||||||
21 | (2) In Articles 8, 9, 10, 11, and 12, "highest average | ||||||
22 | annual salary for any 4 consecutive years within the last | ||||||
23 | 10 years of service immediately preceding the date of | ||||||
24 | withdrawal". | ||||||
25 | (3) In Article 13, "average final salary". | ||||||
26 | (4) In Article 14, "final average compensation". |
| |||||||
| |||||||
1 | (5) In Article 17, "average salary". | ||||||
2 | (6) In Section 22-207, "wages or salary received by | ||||||
3 | him at the date of retirement or discharge". | ||||||
4 | A member of the Teachers' Retirement System of the State | ||||||
5 | of Illinois who retires on or after June 1, 2021 and for whom | ||||||
6 | the 2020-2021 school year is used in the calculation of the | ||||||
7 | member's final average salary shall use the higher of the | ||||||
8 | following for the purpose of determining the member's final | ||||||
9 | average salary: | ||||||
10 | (A) the amount otherwise calculated under the first | ||||||
11 | paragraph of this subsection; or | ||||||
12 | (B) an amount calculated by the Teachers' Retirement | ||||||
13 | System of the State of Illinois using the average of the | ||||||
14 | monthly (or annual) salary obtained by dividing the total | ||||||
15 | salary or earnings calculated under Article 16 applicable | ||||||
16 | to the member or participant during the 96 months (or 8 | ||||||
17 | years) of service within the last 120 months (or 10 years) | ||||||
18 | of service in which the total salary or earnings | ||||||
19 | calculated under the Article was the highest by the number | ||||||
20 | of months (or years) of service in that period. | ||||||
21 | (b-5) Beginning on January 1, 2011, for all purposes under | ||||||
22 | this Code (including without limitation the calculation of | ||||||
23 | benefits and employee contributions), the annual earnings, | ||||||
24 | salary, or wages (based on the plan year) of a member or | ||||||
25 | participant to whom this Section applies shall not exceed | ||||||
26 | $106,800; however, that amount shall annually thereafter be |
| |||||||
| |||||||
1 | increased by the lesser of (i) 3% of that amount, including all | ||||||
2 | previous adjustments, or (ii) one-half the annual unadjusted | ||||||
3 | percentage increase (but not less than zero) in the consumer | ||||||
4 | price index-u for the 12 months ending with the September | ||||||
5 | preceding each November 1, including all previous adjustments. | ||||||
6 | For the purposes of this Section, "consumer price index-u" | ||||||
7 | means the index published by the Bureau of Labor Statistics of | ||||||
8 | the United States Department of Labor that measures the | ||||||
9 | average change in prices of goods and services purchased by | ||||||
10 | all urban consumers, United States city average, all items, | ||||||
11 | 1982-84 = 100. The new amount resulting from each annual | ||||||
12 | adjustment shall be determined by the Public Pension Division | ||||||
13 | of the Department of Insurance and made available to the | ||||||
14 | boards of the retirement systems and pension funds by November | ||||||
15 | 1 of each year. | ||||||
16 | (b-10) Beginning on January 1, 2024, for all purposes | ||||||
17 | under this Code (including, without limitation, the | ||||||
18 | calculation of benefits and employee contributions), the | ||||||
19 | annual earnings, salary, or wages (based on the plan year) of a | ||||||
20 | member or participant under Article 9 to whom this Section | ||||||
21 | applies shall include an annual earnings, salary, or wage cap | ||||||
22 | that tracks the Social Security wage base. Maximum annual | ||||||
23 | earnings, wages, or salary shall be the annual contribution | ||||||
24 | and benefit base established for the applicable year by the | ||||||
25 | Commissioner of the Social Security Administration under the | ||||||
26 | federal Social Security Act. |
| |||||||
| |||||||
1 | However, in no event shall the annual earnings, salary, or | ||||||
2 | wages for the purposes of this Article and Article 9 exceed any | ||||||
3 | limitation imposed on annual earnings, salary, or wages under | ||||||
4 | Section 1-117. Under no circumstances shall the maximum amount | ||||||
5 | of annual earnings, salary, or wages be greater than the | ||||||
6 | amount set forth in this subsection (b-10) as a result of | ||||||
7 | reciprocal service or any provisions regarding reciprocal | ||||||
8 | services, nor shall the Fund under Article 9 be required to pay | ||||||
9 | any refund as a result of the application of this maximum | ||||||
10 | annual earnings, salary, and wage cap. | ||||||
11 | Nothing in this subsection (b-10) shall cause or otherwise | ||||||
12 | result in any retroactive adjustment of any employee | ||||||
13 | contributions. Nothing in this subsection (b-10) shall cause | ||||||
14 | or otherwise result in any retroactive adjustment of | ||||||
15 | disability or other payments made between January 1, 2011 and | ||||||
16 | January 1, 2024. | ||||||
17 | (c) A member or participant is entitled to a retirement | ||||||
18 | annuity upon written application if he or she has attained age | ||||||
19 | 67 (age 65, with respect to service under Article 12 that is | ||||||
20 | subject to this Section, for a member or participant under | ||||||
21 | Article 12 who first becomes a member or participant under | ||||||
22 | Article 12 on or after January 1, 2022 or who makes the | ||||||
23 | election under item (i) of subsection (d-15) of this Section) | ||||||
24 | and has at least 10 years of service credit and is otherwise | ||||||
25 | eligible under the requirements of the applicable Article. | ||||||
26 | A member or participant who has attained age 62 (age 60, |
| |||||||
| |||||||
1 | with respect to service under Article 12 that is subject to | ||||||
2 | this Section, for a member or participant under Article 12 who | ||||||
3 | first becomes a member or participant under Article 12 on or | ||||||
4 | after January 1, 2022 or who makes the election under item (i) | ||||||
5 | of subsection (d-15) of this Section) and has at least 10 years | ||||||
6 | of service credit and is otherwise eligible under the | ||||||
7 | requirements of the applicable Article may elect to receive | ||||||
8 | the lower retirement annuity provided in subsection (d) of | ||||||
9 | this Section. | ||||||
10 | (c-5) (Blank) A person who first becomes a member or a | ||||||
11 | participant subject to this Section on or after July 6, 2017 | ||||||
12 | (the effective date of Public Act 100-23), notwithstanding any | ||||||
13 | other provision of this Code to the contrary, is entitled to a | ||||||
14 | retirement annuity under Article 8 or Article 11 upon written | ||||||
15 | application if he or she has attained age 65 and has at least | ||||||
16 | 10 years of service credit and is otherwise eligible under the | ||||||
17 | requirements of Article 8 or Article 11 of this Code, | ||||||
18 | whichever is applicable . | ||||||
19 | (d) The retirement annuity of a member or participant who | ||||||
20 | is retiring after attaining age 62 (age 60, with respect to | ||||||
21 | service under Article 12 that is subject to this Section, for a | ||||||
22 | member or participant under Article 12 who first becomes a | ||||||
23 | member or participant under Article 12 on or after January 1, | ||||||
24 | 2022 or who makes the election under item (i) of subsection | ||||||
25 | (d-15) of this Section) with at least 10 years of service | ||||||
26 | credit shall be reduced by one-half of 1% for each full month |
| |||||||
| |||||||
1 | that the member's age is under age 67 (age 65, with respect to | ||||||
2 | service under Article 12 that is subject to this Section, for a | ||||||
3 | member or participant under Article 12 who first becomes a | ||||||
4 | member or participant under Article 12 on or after January 1, | ||||||
5 | 2022 or who makes the election under item (i) of subsection | ||||||
6 | (d-15) of this Section). | ||||||
7 | (d-5) (Blank). The retirement annuity payable under | ||||||
8 | Article 8 or Article 11 to an eligible person subject to | ||||||
9 | subsection (c-5) of this Section who is retiring at age 60 with | ||||||
10 | at least 10 years of service credit shall be reduced by | ||||||
11 | one-half of 1% for each full month that the member's age is | ||||||
12 | under age 65. | ||||||
13 | (d-10) Each person who first became a member or | ||||||
14 | participant under Article 8 or Article 11 of this Code on or | ||||||
15 | after January 1, 2011 and prior to July 6, 2017 (the effective | ||||||
16 | date of Public Act 100-23) shall make an irrevocable election | ||||||
17 | either: | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
9 | between October 1, 2017 and November 15, 2017. A person | ||||||
10 | subject to this subsection who makes the required election | ||||||
11 | shall remain bound by that election , except that an election | ||||||
12 | made under this subsection is rescinded by operation of law | ||||||
13 | and such person is subject to the provisions otherwise | ||||||
14 | applicable to a participant who first become a participant | ||||||
15 | under Article 8 or Article 11 on or after January 1, 2011 . A | ||||||
16 | person subject to this subsection who fails for any reason to | ||||||
17 | make the required election within the time specified in this | ||||||
18 | subsection shall be deemed to have made the election under | ||||||
19 | item (ii). | ||||||
20 | (d-15) Each person who first becomes a member or | ||||||
21 | participant under Article 12 on or after January 1, 2011 and | ||||||
22 | prior to January 1, 2022 shall make an irrevocable election | ||||||
23 | either: | ||||||
24 | (i) to be eligible for the reduced retirement age | ||||||
25 | specified in subsections (c) and (d) of this Section, the | ||||||
26 | eligibility for which is conditioned upon the member or |
| |||||||
| |||||||
1 | participant agreeing to the increase in employee | ||||||
2 | contributions for service annuities specified in | ||||||
3 | subsection (b) of Section 12-150; or | ||||||
4 | (ii) to not agree to item (i) of this subsection | ||||||
5 | (d-15), in which case the member or participant shall not | ||||||
6 | be eligible for the reduced retirement age specified in | ||||||
7 | subsections (c) and (d) of this Section and shall not be | ||||||
8 | subject to the increase in employee contributions for | ||||||
9 | service annuities specified in subsection (b) of Section | ||||||
10 | 12-150. | ||||||
11 | The election provided for in this subsection shall be made | ||||||
12 | between January 1, 2022 and April 1, 2022. A person subject to | ||||||
13 | this subsection who makes the required election shall remain | ||||||
14 | bound by that election , except that an election made under | ||||||
15 | this subsection is rescinded by operation of law and such | ||||||
16 | person is subject to the provisions otherwise applicable to a | ||||||
17 | participant who first become a participant under Article 12 on | ||||||
18 | or after January 1, 2011 . A person subject to this subsection | ||||||
19 | who fails for any reason to make the required election within | ||||||
20 | the time specified in this subsection shall be deemed to have | ||||||
21 | made the election under item (ii). | ||||||
22 | (e) Any retirement annuity or supplemental annuity shall | ||||||
23 | be subject to annual increases on the January 1 occurring | ||||||
24 | either on or after the attainment of age 67 (age 65, with | ||||||
25 | respect to service under Article 12 that is subject to this | ||||||
26 | Section, for a member or participant under Article 12 who |
| |||||||
| |||||||
1 | first becomes a member or participant under Article 12 on or | ||||||
2 | after January 1, 2022 or who makes the election under item (i) | ||||||
3 | of subsection (d-15); and beginning on July 6, 2017 (the | ||||||
4 | effective date of Public Act 100-23), age 65 with respect to | ||||||
5 | service under Article 8 or Article 11 for eligible persons | ||||||
6 | who: (i) are subject to subsection (c-5) of this Section; or | ||||||
7 | (ii) made the election under item (i) of subsection (d-10) of | ||||||
8 | this Section) or the first anniversary of the annuity start | ||||||
9 | date, whichever is later. Each annual increase shall be | ||||||
10 | calculated at 3% or one-half the annual unadjusted percentage | ||||||
11 | increase (but not less than zero) in the consumer price | ||||||
12 | index-u for the 12 months ending with the September preceding | ||||||
13 | each November 1, whichever is less, of the originally granted | ||||||
14 | retirement annuity. If the annual unadjusted percentage change | ||||||
15 | in the consumer price index-u for the 12 months ending with the | ||||||
16 | September preceding each November 1 is zero or there is a | ||||||
17 | decrease, then the annuity shall not be increased. | ||||||
18 | For the purposes of Section 1-103.1 of this Code, the | ||||||
19 | changes made to this Section by Public Act 102-263 are | ||||||
20 | applicable without regard to whether the employee was in | ||||||
21 | active service on or after August 6, 2021 (the effective date | ||||||
22 | of Public Act 102-263). | ||||||
23 | For the purposes of Section 1-103.1 of this Code, the | ||||||
24 | changes made to this Section by Public Act 100-23 are | ||||||
25 | applicable without regard to whether the employee was in | ||||||
26 | active service on or after July 6, 2017 (the effective date of |
| |||||||
| |||||||
1 | Public Act 100-23). | ||||||
2 | (f) The initial survivor's or widow's annuity of an | ||||||
3 | otherwise eligible survivor or widow of a retired member or | ||||||
4 | participant who first became a member or participant on or | ||||||
5 | after January 1, 2011 shall be in the amount of 66 2/3% of the | ||||||
6 | retired member's or participant's retirement annuity at the | ||||||
7 | date of death. In the case of the death of a member or | ||||||
8 | participant who has not retired and who first became a member | ||||||
9 | or participant on or after January 1, 2011, eligibility for a | ||||||
10 | survivor's or widow's annuity shall be determined by the | ||||||
11 | applicable Article of this Code. The initial benefit shall be | ||||||
12 | 66 2/3% of the earned annuity without a reduction due to age. A | ||||||
13 | child's annuity of an otherwise eligible child shall be in the | ||||||
14 | amount prescribed under each Article if applicable. Any | ||||||
15 | survivor's or widow's annuity shall be increased (1) on each | ||||||
16 | January 1 occurring on or after the commencement of the | ||||||
17 | annuity if the deceased member died while receiving a | ||||||
18 | retirement annuity or (2) in other cases, on each January 1 | ||||||
19 | occurring after the first anniversary of the commencement of | ||||||
20 | the annuity. Each annual increase shall be calculated at 3% or | ||||||
21 | one-half the annual unadjusted percentage increase (but not | ||||||
22 | less than zero) in the consumer price index-u for the 12 months | ||||||
23 | ending with the September preceding each November 1, whichever | ||||||
24 | is less, of the originally granted survivor's annuity. If the | ||||||
25 | annual unadjusted percentage change in the consumer price | ||||||
26 | index-u for the 12 months ending with the September preceding |
| |||||||
| |||||||
1 | each November 1 is zero or there is a decrease, then the | ||||||
2 | annuity shall not be increased. | ||||||
3 | (g) The benefits in Section 14-110 apply only if the | ||||||
4 | person is a State policeman, a fire fighter in the fire | ||||||
5 | protection service of a department, a conservation police | ||||||
6 | officer, an investigator for the Secretary of State, an | ||||||
7 | investigator for the Office of the Attorney General, an arson | ||||||
8 | investigator, a Commerce Commission police officer, | ||||||
9 | investigator for the Department of Revenue or the Illinois | ||||||
10 | Gaming Board, a security employee of the Department of | ||||||
11 | Corrections or the Department of Juvenile Justice, or a | ||||||
12 | security employee of the Department of Innovation and | ||||||
13 | Technology, as those terms are defined in subsection (b) and | ||||||
14 | subsection (c) of Section 14-110. A person who meets the | ||||||
15 | requirements of this Section is entitled to an annuity | ||||||
16 | calculated under the provisions of Section 14-110, in lieu of | ||||||
17 | the regular or minimum retirement annuity, only if the person | ||||||
18 | has withdrawn from service with not less than 20 years of | ||||||
19 | eligible creditable service and has attained age 60, | ||||||
20 | regardless of whether the attainment of age 60 occurs while | ||||||
21 | the person is still in service. | ||||||
22 | (h) If a person who first becomes a member or a participant | ||||||
23 | of a retirement system or pension fund subject to this Section | ||||||
24 | on or after January 1, 2011 is receiving a retirement annuity | ||||||
25 | or retirement pension under that system or fund and becomes a | ||||||
26 | member or participant under any other system or fund created |
| |||||||
| |||||||
1 | by this Code and is employed on a full-time basis, except for | ||||||
2 | those members or participants exempted from the provisions of | ||||||
3 | this Section under subsection (a) of this Section, then the | ||||||
4 | person's retirement annuity or retirement pension under that | ||||||
5 | system or fund shall be suspended during that employment. Upon | ||||||
6 | termination of that employment, the person's retirement | ||||||
7 | annuity or retirement pension payments shall resume and be | ||||||
8 | recalculated if recalculation is provided for under the | ||||||
9 | applicable Article of this Code. | ||||||
10 | If a person who first becomes a member of a retirement | ||||||
11 | system or pension fund subject to this Section on or after | ||||||
12 | January 1, 2012 and is receiving a retirement annuity or | ||||||
13 | retirement pension under that system or fund and accepts on a | ||||||
14 | contractual basis a position to provide services to a | ||||||
15 | governmental entity from which he or she has retired, then | ||||||
16 | that person's annuity or retirement pension earned as an | ||||||
17 | active employee of the employer shall be suspended during that | ||||||
18 | contractual service. A person receiving an annuity or | ||||||
19 | retirement pension under this Code shall notify the pension | ||||||
20 | fund or retirement system from which he or she is receiving an | ||||||
21 | annuity or retirement pension, as well as his or her | ||||||
22 | contractual employer, of his or her retirement status before | ||||||
23 | accepting contractual employment. A person who fails to submit | ||||||
24 | such notification shall be guilty of a Class A misdemeanor and | ||||||
25 | required to pay a fine of $1,000. Upon termination of that | ||||||
26 | contractual employment, the person's retirement annuity or |
| |||||||
| |||||||
1 | retirement pension payments shall resume and, if appropriate, | ||||||
2 | be recalculated under the applicable provisions of this Code. | ||||||
3 | (i) (Blank). | ||||||
4 | (j) Except for conflicts between this Section and Section | ||||||
5 | 1-163, in In the case of a conflict between the provisions of | ||||||
6 | this Section and any other provision of this Code, the | ||||||
7 | provisions of this Section shall control. | ||||||
8 | (Source: P.A. 102-16, eff. 6-17-21; 102-210, eff. 1-1-22; | ||||||
9 | 102-263, eff. 8-6-21; 102-956, eff. 5-27-22 ; 103-529, eff. | ||||||
10 | 8-11-23.) | ||||||
11 | (40 ILCS 5/1-163 new) | ||||||
12 | Sec. 1-163. Pension benefits for certain persons who first | ||||||
13 | become participants on or after January 1, 2011. | ||||||
14 | (a) Notwithstanding any provision of law to the contrary, | ||||||
15 | including Section 1-160, this Section applies to a person who, | ||||||
16 | on or after January 1, 2011, first becomes a member or | ||||||
17 | participant under a pension fund or retirement system | ||||||
18 | established under Article 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, or | ||||||
19 | 13. To the extent that any provision of this Section conflicts | ||||||
20 | with a provision under those Articles or Section 1-160, this | ||||||
21 | Section controls, except for a conflict that would result in a | ||||||
22 | diminishment or impairment of a pension benefit to a member or | ||||||
23 | participant. | ||||||
24 | (b) Beginning on January 1, 2025, for all purposes under | ||||||
25 | this Code (including, without limitation, the calculation of |
| |||||||
| |||||||
1 | benefits and employee contributions) the annual earnings, | ||||||
2 | salary, or wages (based on the plan year) of a member or | ||||||
3 | participant to whom this Section applies shall not exceed the | ||||||
4 | Social Security wage base for the applicable plan year. In | ||||||
5 | this subsection, "Social Security wage base" means the | ||||||
6 | contribution and benefit base calculated for the calendar year | ||||||
7 | in question by the Commissioner of Social Security under | ||||||
8 | Section 230 of the federal Social Security Act (42 U.S.C. | ||||||
9 | 430). | ||||||
10 | (c) A participant or member to whom this Section applies | ||||||
11 | shall be entitled to a retirement annuity upon written | ||||||
12 | application if he or she: | ||||||
13 | (1) has attained age 62, has at least 35 years of | ||||||
14 | service credit, and is otherwise eligible under the | ||||||
15 | requirements of the applicable Article; | ||||||
16 | (2) has attained age 64, has at least 20 years of | ||||||
17 | service credit, and is otherwise eligible under the | ||||||
18 | requirements of the applicable Article; or | ||||||
19 | (3) has attained age 67, has at least 10 years of | ||||||
20 | service credit, and is otherwise eligible under the | ||||||
21 | requirements of the applicable Article. | ||||||
22 | (d) The retirement annuity of a member or participant who | ||||||
23 | is retiring after attaining age 57 with at least 35 years of | ||||||
24 | service credit shall be reduced by one-half of 1% for each full | ||||||
25 | month that the member's age is under age 62. | ||||||
26 | The retirement annuity of a member or participant who is |
| |||||||
| |||||||
1 | retiring after attaining age 59 with at least 20 years of | ||||||
2 | service credit shall be reduced by one-half of 1% for each full | ||||||
3 | month that the member's age is under age 64. | ||||||
4 | The retirement annuity of a member or participant who is | ||||||
5 | retiring after attaining age 62 with at least 10 years of | ||||||
6 | service credit shall be reduced by one-half of 1% for each full | ||||||
7 | month that the member's age is under age 67. | ||||||
8 | (e) Any retirement annuity or supplemental annuity shall | ||||||
9 | be subject to annual increases on January 1 beginning with the | ||||||
10 | January following the member's or participant's first annuity | ||||||
11 | payment date. The annual increase shall be calculated at 3% of | ||||||
12 | the originally granted retirement annuity. | ||||||
13 | (40 ILCS 5/3-153 new) | ||||||
14 | Sec. 3-153. Application of Section 1-163. To the extent | ||||||
15 | that any provision of this Article conflicts with Section | ||||||
16 | 1-163, Section 1-163 controls, unless the application of | ||||||
17 | Section 1-163 would result in a diminishment or impairment of | ||||||
18 | a benefit. | ||||||
19 | (40 ILCS 5/4-145 new) | ||||||
20 | Sec. 4-145. Application of Section 1-163. To the extent | ||||||
21 | that any provision of this Article conflicts with Section | ||||||
22 | 1-163, Section 1-163 controls, unless the application of | ||||||
23 | Section 1-163 would result in a diminishment or impairment of | ||||||
24 | a benefit. |
| |||||||
| |||||||
1 | (40 ILCS 5/5-239 new) | ||||||
2 | Sec. 5-239. Application of Section 1-163. To the extent | ||||||
3 | that any provision of this Article conflicts with Section | ||||||
4 | 1-163, Section 1-163 controls, unless the application of | ||||||
5 | Section 1-163 would result in a diminishment or impairment of | ||||||
6 | a benefit. | ||||||
7 | (40 ILCS 5/6-231 new) | ||||||
8 | Sec. 6-231. Application of Section 1-163. To the extent | ||||||
9 | that any provision of this Article conflicts with Section | ||||||
10 | 1-163, Section 1-163 controls, unless the application of | ||||||
11 | Section 1-163 would result in a diminishment or impairment of | ||||||
12 | a benefit. | ||||||
13 | (40 ILCS 5/7-226 new) | ||||||
14 | Sec. 7-226. Application of Section 1-163. To the extent | ||||||
15 | that any provision of this Article conflicts with Section | ||||||
16 | 1-163, Section 1-163 controls, unless the application of | ||||||
17 | Section 1-163 would result in a diminishment or impairment of | ||||||
18 | a benefit. | ||||||
19 | (40 ILCS 5/8-251.5 new) | ||||||
20 | Sec. 8-251.5. Application of Section 1-163. To the extent | ||||||
21 | that any provision of this Article conflicts with Section | ||||||
22 | 1-163, Section 1-163 controls, unless the application of |
| |||||||
| |||||||
1 | Section 1-163 would result in a diminishment or impairment of | ||||||
2 | a benefit. | ||||||
3 | (40 ILCS 5/9-242 new) | ||||||
4 | Sec. 9-242. Application of Section 1-163. To the extent | ||||||
5 | that any provision of this Article conflicts with Section | ||||||
6 | 1-163, Section 1-163 controls, unless the application of | ||||||
7 | Section 1-163 would result in a diminishment or impairment of | ||||||
8 | a benefit. | ||||||
9 | (40 ILCS 5/10-110 new) | ||||||
10 | Sec. 10-110. Application of Section 1-163. To the extent | ||||||
11 | that any provision of this Article conflicts with Section | ||||||
12 | 1-163, Section 1-163 controls, unless the application of | ||||||
13 | Section 1-163 would result in a diminishment or impairment of | ||||||
14 | a benefit. | ||||||
15 | (40 ILCS 5/11-233 new) | ||||||
16 | Sec. 11-233. Application of Section 1-163. To the extent | ||||||
17 | that any provision of this Article conflicts with Section | ||||||
18 | 1-163, Section 1-163 controls, unless the application of | ||||||
19 | Section 1-163 would result in a diminishment or impairment of | ||||||
20 | a benefit. | ||||||
21 | (40 ILCS 5/12-196 new) | ||||||
22 | Sec. 12-196. Application of Section 1-163. To the extent |
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1 | that any provision of this Article conflicts with Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | 1-163, Section 1-163 controls, unless the application of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Section 1-163 would result in a diminishment or impairment of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | a benefit. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (40 ILCS 5/13-217 new) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Sec. 13-217. Application of Section 1-163. To the extent | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | that any provision of this Article conflicts with Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | 1-163, Section 1-163 controls, unless the application of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Section 1-163 would result in a diminishment or impairment of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | a benefit. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Section 90. The State Mandates Act is amended by adding | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Section 8.48 as follows: | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | (30 ILCS 805/8.48 new) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | Sec. 8.48. Exempt mandate. Notwithstanding Sections 6 and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | 8 of this Act, no reimbursement by the State is required for | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | the implementation of any mandate created by this amendatory | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | Act of the 103rd General Assembly. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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