96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4833

 

Introduced 1/12/2010, by Rep. Robert Rita

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/17-119.1
30 ILCS 805/8.34 new

    Amends the Chicago Teacher Article of the Illinois Pension Code. Eliminates the required contribution for converting past service to the augmented retirement formula, and provides for a refund of such contributions already paid. Also provides for recalculation of the pension and a lump sum payment of the difference between the augmented and unaugmented rates for certain pensioners. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB096 16359 AMC 31623 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB4833 LRB096 16359 AMC 31623 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 changing
5 Section 17-119.1 as follows:
 
6     (40 ILCS 5/17-119.1)
7     Sec. 17-119.1. Optional increase in retirement annuity.
8     (a) Beginning on the effective date of this amendatory Act
9 of the 96th General Assembly, a member of the Fund shall may
10 qualify for the augmented rate under subdivision (b)(3) of
11 Section 17-116 for all years of creditable service earned
12 before July 1, 1998 without by making any the optional
13 contribution. Any such contribution already paid under this
14 Section shall be refunded by the Fund to the teacher or
15 pensioner (or, if deceased, to the teacher or pensioner's
16 survivor, beneficiary, or estate), together with interest at
17 the rate of 5%, compounded annually, from the date of payment
18 of the contribution to the date of refund; except that any such
19 contribution that has been paid by an employer under subsection
20 (e) shall be refunded to the employer. specified in subsection
21 (b); except that a member who retires on or after July 1, 1998
22 with at least 30 years of creditable service at retirement
23 qualifies for the augmented rate without making any

 

 

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1 contribution under subsection (b).
2     Any member who retires on or after July 1, 1998 and before
3 the effective date of this amendatory Act of the 96th 92nd
4 General Assembly and whose pension was calculated using an
5 unaugmented rate may elect to have the pension recalculated
6 using the applicable augmented rate and to with at least 30
7 years of creditable service shall be paid a lump sum equal to
8 the amount he or she would have received under the augmented
9 rate minus the amount he or she actually received prior to the
10 effective date of the recalculation.
11     The changes to this Section made by this amendatory Act of
12 the 96th General Assembly apply without regard to whether the
13 member was in service on or after its effective date and
14 notwithstanding Section 17-157.
15     A member may not elect to qualify for the augmented rate
16 for only a portion of his or her creditable service earned
17 before July 1, 1998.
18     (b) (Blank). The contribution shall be an amount equal to
19 1.0% of the member's highest salary rate in the 4 consecutive
20 school years immediately prior to but not including the school
21 year in which the application occurs, multiplied by the number
22 of years of creditable service earned by the member before July
23 1, 1998 or 20, whichever is less. This contribution shall be
24 reduced by 1.0% of that salary rate for every 3 full years of
25 creditable service earned by the member after June 30, 1998.
26 The contribution shall be further reduced at the rate of 25% of

 

 

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1 the contribution (as reduced for service after June 30, 1998)
2 for each year of the member's total creditable service in
3 excess of 34 years. The contribution shall not in any event
4 exceed 20% of that salary rate.
5     The member shall pay to the Fund the amount of the
6 contribution as calculated at the time of application under
7 this Section. The amount of the contribution determined under
8 this subsection shall be recalculated at the time of
9 retirement, and if the Fund determines that the amount paid by
10 the member exceeds the recalculated amount, the Fund shall
11 refund the difference to the member with regular interest from
12 the date of payment to the date of refund.
13     The contribution required by this subsection shall be paid
14 in one of the following ways or in a combination of the
15 following ways that does not extend over more than 5 years:
16         (i) in a lump sum on or before the date of retirement;
17         (ii) in substantially equal installments over a period
18     of time not to exceed 5 years, as a deduction from salary
19     in accordance with Section 17-130.2;
20         (iii) in substantially equal monthly installments over
21     a 24-month period, by a deduction from the annuitant's
22     monthly benefit.
23     (c) (Blank). If the member fails to make the full
24 contribution under this Section in a timely fashion, the
25 payments made under this Section shall be refunded to the
26 member, without interest. If the member (including a member who

 

 

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1 has become an annuitant) dies before making the full
2 contribution, the payments made under this Section shall be
3 refunded to the member's designated beneficiary if there is no
4 survivor's or children's pension benefit payable. If there is a
5 survivor's or children's benefit payable, then all payments
6 made under this Section shall be retained by the Fund and all
7 such survivor's or children's benefits payable shall be
8 calculated as if all contributions required under this Section
9 have been paid in full.
10     (d) (Blank). For purposes of this Section and subsection
11 (b) of Section 17-116, optional creditable service established
12 by a member shall be deemed to have been earned at the time of
13 the employment or other qualifying event upon which the service
14 is based, rather than at the time the credit was established in
15 this Fund.
16     (e) (Blank). The contributions required under this Section
17 are the responsibility of the teacher and not the teacher's
18 employer. However, an employer of teachers may, after the
19 effective date of this amendatory Act of 1998, specifically
20 agree, through collective bargaining or otherwise, to make the
21 contributions required by this Section on behalf of those
22 teachers.
23 (Source: P.A. 91-17, eff. 6-4-99; 92-416, eff. 8-17-01; 92-599,
24 eff. 6-28-02; 92-651, eff. 7-11-02.)
 
25     Section 90. The State Mandates Act is amended by adding

 

 

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1 Section 8.34 as follows:
 
2     (30 ILCS 805/8.34 new)
3     Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8
4 of this Act, no reimbursement by the State is required for the
5 implementation of any mandate created by this amendatory Act of
6 the 96th General Assembly.
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.