99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0426

 

Introduced , by Rep. Thomas Morrison

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/16-153.6 new
40 ILCS 5/16-153.7 new
40 ILCS 5/16-203
40 ILCS 5/20-121  from Ch. 108 1/2, par. 20-121
40 ILCS 5/20-123  from Ch. 108 1/2, par. 20-123
40 ILCS 5/20-124  from Ch. 108 1/2, par. 20-124
40 ILCS 5/20-125  from Ch. 108 1/2, par. 20-125

    Amends the Downstate Teacher Article of the Illinois Pension Code. Directs the System to establish a self-managed plan. The plan applies only to teachers whose employers adopt the plan and only to teachers who make an election to participate in the plan. Specifies the terms and contents of the plan and the method of electing to participate. Defines terms. Contains a new benefit increase exception. Makes conforming changes to the Retirement Systems Reciprocal Act (Article 20 of the Code). Effective immediately.


LRB099 03587 RPS 23595 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0426LRB099 03587 RPS 23595 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by adding
5Sections 16-153.6 and 16-153.7 and changing Sections 16-203,
620-121, 20-123, 20-124, and 20-125 as follows:
 
7    (40 ILCS 5/16-153.6 new)
8    Sec. 16-153.6. Retirement program elections.
9    (a) For the purposes of this Section and Section 16-153.7:
10    "Traditional benefit package" means the package of
11benefits provided under this Article (including Section 1-160
12and Article 20, where applicable), other than the self-managed
13plan.
14    "Self-managed plan" means the self-managed plan
15established under Section 16-153.7.
16    "Employer" means an employer of teachers who participate in
17this System.
18    "Eligible teacher" means a teacher (as defined in Section
1916-106) who is either a currently eligible teacher or a newly
20eligible teacher.
21    "Currently eligible teacher" means a teacher who is
22employed by an employer on the date on which that employer
23offers the self-managed plan to its teachers as an alternative

 

 

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1to the traditional benefit package.
2    "Newly eligible teacher" means a teacher who first becomes
3employed by an employer after the effective date on which that
4employer offers the self-managed plan to its teachers as an
5alternative to the traditional benefit package.
6    (b) Every teacher who is a member of this System
7participates in the traditional benefit package, unless he or
8she has elected under this Section to participate in the
9self-managed plan.
10    (c) Beginning on the date that an employer chooses to offer
11the self-managed plan to its teachers as an alternative to the
12traditional benefit package, each of that employer's eligible
13teachers shall be given the opportunity to elect to participate
14in the self-managed plan with respect to all periods of covered
15employment occurring on or after the effective date of the
16teacher's election. The election must be made in writing, in
17the manner prescribed by the System, and within the time period
18prescribed in subsection (d).
19    The election to participate in the self-managed plan is a
20one-time, irrevocable election. If a teacher terminates
21employment after making that election, then upon his or her
22subsequent re-employment by an employer who has adopted the
23self-managed plan, that election shall automatically continue
24in effect.
25    (d) A currently eligible teacher must make the election
26within one year after the effective date of the employer's

 

 

HB0426- 3 -LRB099 03587 RPS 23595 b

1adoption of the self-managed plan. A newly eligible teacher
2must make the election within 6 months after the date on which
3the System receives the report of status certification from the
4employer.
5    (e) If a teacher elects to participate in the self-managed
6plan, no employer contributions shall be remitted to the
7self-managed plan when the teacher's account balance transfer
8is made. Employer contributions to the self-managed plan shall
9commence as of the first pay period that begins after the
10System receives the teacher's election.
11    (f) An eligible teacher shall be provided with written
12information prepared or prescribed by the System which
13describes the teacher's retirement program choices. The
14eligible teacher shall be offered an opportunity to receive
15counseling from the System prior to making his or her election.
16This counseling may consist of video materials, group
17presentations, individual consultation with an employee or
18authorized representative of the System in person or by
19telephone or other electronic means, or any combination of
20these methods.
 
21    (40 ILCS 5/16-153.7 new)
22    Sec. 16-153.7. Self-managed plan.
23    (a) Findings; plan. The General Assembly finds that it is
24important for school districts to be able to attract and retain
25the most qualified teachers and that in order to attract and

 

 

HB0426- 4 -LRB099 03587 RPS 23595 b

1retain these teachers, school districts should have the
2flexibility to provide a defined contribution plan as an
3alternative for eligible teachers who elect not to participate
4in the traditional benefit package provided under this Article.
5    Accordingly, the System is hereby authorized to establish
6and administer a self-managed plan, which shall offer
7participating teachers the opportunity to accumulate assets
8for retirement through a combination of teacher and employer
9contributions that may be invested in mutual funds, collective
10investment funds, or other investment products and used to
11purchase annuity contracts, either fixed or variable or a
12combination thereof. The plan must be qualified under the
13Internal Revenue Code of 1986.
14    The System shall be the plan sponsor for the self-managed
15plan and shall prepare a plan document and prescribe such rules
16and procedures as are considered necessary or desirable for the
17administration of the self-managed plan. Consistent with its
18fiduciary duty to the participants and beneficiaries of the
19self-managed plan, the Board of Trustees of the System may
20delegate aspects of plan administration as it sees fit to
21companies authorized to do business in this State, to the
22employers, or to a combination of both.
23    (b) Adoption by employers. Each employer of teachers under
24this Article may elect to adopt the self-managed plan
25established under this Section; this election is irrevocable.
26An employer's election to adopt the self-managed plan makes

 

 

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1available to the eligible teachers of that employer the
2election described in Section 16-153.6.
3    (c) Service providers and funding vehicles. The System, in
4consultation with the employers, shall solicit proposals to
5provide administrative services and funding vehicles for the
6self-managed plan from insurance and annuity companies and
7mutual fund companies, banks, trust companies, or other
8financial institutions authorized to do business in this State.
9In reviewing the proposals received and approving and
10contracting with no fewer than 2 and no more than 7 companies,
11the Board of Trustees of the System shall consider, among other
12things, the following criteria:
13        (1) the nature and extent of the benefits that would be
14    provided to the participants;
15        (2) the reasonableness of the benefits in relation to
16    the premium charged;
17        (3) the suitability of the benefits to the needs and
18    interests of the participating teachers and the employer;
19        (4) the ability of the company to provide benefits
20    under the contract and the financial stability of the
21    company; and
22        (5) the efficacy of the contract in the recruitment and
23    retention of teachers.
24    The System, in consultation with the employers, shall
25periodically review each approved company. A company may
26continue to provide administrative services and funding

 

 

HB0426- 6 -LRB099 03587 RPS 23595 b

1vehicles for the self-managed plan only so long as it continues
2to be an approved company under contract with the Board.
3    (d) Teacher direction. Teachers who are participating in
4the program must be allowed to direct the transfer of their
5account balances among the various investment options offered,
6subject to applicable contractual provisions. The participant
7shall not be deemed a fiduciary by reason of providing such
8investment direction. A person who is a fiduciary shall not be
9liable for any loss resulting from such investment direction
10and shall not be deemed to have breached any fiduciary duty by
11acting in accordance with that direction. Neither the System
12nor the employer guarantees any of the investments in the
13teacher's account balances.
14    (e) Participation. To participate in the self-managed
15plan, an eligible teacher must make a written election in
16accordance with Section 16-153.6 and the procedures
17established by the System. Participation in the self-managed
18plan by an electing teacher shall begin on the first day of the
19first pay period following the later of (1) the date the
20teacher's election is filed with the System or (2) the
21effective date on which the teacher's employer begins to offer
22participation in the self-managed plan. A teacher's
23participation in the traditional benefit package under this
24Article shall terminate on the date that participation in the
25self-managed plan begins.
26    A teacher who has elected to participate in the

 

 

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1self-managed plan must continue participation while employed
2in an eligible position, and may not participate in the
3traditional benefit package while employed by that employer or
4any other employer that has adopted the self-managed plan,
5unless the self-managed plan is terminated.
6    Participation in the self-managed plan under this Section
7shall constitute membership in the System.
8    A participant under this Section shall be entitled to the
9benefits of Article 20 of this Code.
10    (f) Initial account balance. If at the time a teacher
11elects to participate in the self-managed plan he or she has
12rights and credits in the System due to previous participation
13in the traditional benefit package, the System shall establish
14for the teacher an opening account balance in the self-managed
15plan, equal to the amount of contribution refund that the
16teacher would be eligible to receive under Section 16-138 if
17the teacher terminated employment on that date and elected a
18refund of contributions, except that this hypothetical refund
19shall include interest at the effective rate for the respective
20years. The System shall transfer assets from the defined
21benefit retirement program to the self-managed plan as a tax
22free transfer in accordance with Internal Revenue Service
23guidelines, for purposes of funding the teacher's opening
24account balance.
25    (g) Service credit. Notwithstanding any other provision of
26this Article, a teacher may not purchase or receive service or

 

 

HB0426- 8 -LRB099 03587 RPS 23595 b

1service credit applicable to any other retirement program
2administered by the System under this Article for any period
3during which the teacher was a participant in the self-managed
4plan established under this Section.
5    (h) Contributions. The self-managed plan shall be funded by
6contributions from teachers participating in the self-managed
7plan and employer contributions as provided in this Section.
8    The contribution rate for teachers participating in the
9self-managed plan shall be equal to the teacher contribution
10rate for other participants in the System, as provided in
11Section 16-152. This required contribution shall be made as an
12"employer pick-up" under Section 414(h) of the Internal Revenue
13Code of 1986 or any successor Section thereof. Any teacher
14participating in the System's traditional benefit package
15prior to his or her election to participate in the self-managed
16plan shall continue to have the employer pick up the
17contributions required under Section 16-152. However, the
18amounts picked up after the election of the self-managed plan
19shall be remitted to and treated as assets of the self-managed
20plan. In no event shall a teacher have an option of receiving
21these amounts in cash. A teacher may make additional
22contributions to the self-managed plan in accordance with
23procedures prescribed by the System, to the extent permitted
24under rules prescribed by the System.
25    The program shall provide for employer contributions to be
26credited to each self-managed plan participant at a rate of

 

 

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17.6% of the participating teacher's salary, less the amount
2used by the System to provide disability benefits for the
3teacher. The amounts so credited shall be paid into the
4participant's self-managed plan accounts in a manner to be
5prescribed by the System.
6    An amount of employer contribution, not exceeding 1% of the
7participating teacher's salary, shall be used for the purpose
8of providing the disability benefits of the System to the
9teacher. Prior to the beginning of each plan year under the
10self-managed plan, the Board of Trustees shall determine, as a
11percentage of salary, the amount of employer contributions to
12be allocated during that plan year for providing disability
13benefits for teachers in the self-managed plan.
14    The State of Illinois shall make contributions by
15appropriations to the System of the employer contributions
16required for teachers who participate in the self-managed plan
17under this Section. The amount required shall be certified by
18the Board of Trustees of the System and paid by the State in
19accordance with Section 16-158. The System shall not be
20obligated to remit the required employer contributions to any
21of the insurance and annuity companies, mutual fund companies,
22banks, trust companies, financial institutions, or other
23sponsors of any of the funding vehicles offered under the
24self-managed plan until it has received the required employer
25contributions from the State. In the event of a deficiency in
26the amount of State contributions, the System shall implement

 

 

HB0426- 10 -LRB099 03587 RPS 23595 b

1those procedures described in subsection (b-1) of Section
216-158 to obtain the required funding from the Common School
3Fund.
4    (i) Vesting; Withdrawal; Return to Service. A participant
5in the self-managed plan becomes vested in the employer
6contributions credited to his or her accounts in the
7self-managed plan on the earliest to occur of the following:
8(1) completion of 5 years of service; (2) the death of the
9teacher while employed as a teacher, if the participant has
10completed at least 1 1/2 years of service; or (3) the
11participant's election to retire and apply the reciprocal
12provisions of Article 20 of this Code.
13    A participant in the self-managed plan who receives a
14distribution of his or her vested amounts from the self-managed
15plan while not yet eligible for retirement under this Article
16(and Article 20, if applicable) shall forfeit all service
17credit and accrued rights in the System; if subsequently
18re-employed, the participant shall be considered a new teacher.
19If a former participant again becomes a participating teacher
20(or becomes employed by a participating system under Article 20
21of this Code) and continues as such for at least 2 years, all
22such rights, service credits, and previous status as a
23participant shall be restored upon repayment of the amount of
24the distribution, without interest.
25    (k) Benefit amounts. If a teacher who is vested in employer
26contributions terminates employment, the teacher shall be

 

 

HB0426- 11 -LRB099 03587 RPS 23595 b

1entitled to a benefit that is based on the account values
2attributable to both employer and teacher contributions and any
3investment return thereon.
4    If a teacher who is not vested in employer contributions
5terminates employment, the teacher shall be entitled to a
6benefit based solely on the account values attributable to the
7teacher's contributions and any investment return thereon, and
8the employer contributions and any investment return thereon
9shall be forfeited. Any employer contributions that are
10forfeited shall be held in escrow by the company investing
11those contributions and shall be used as directed by the System
12for future allocations of employer contributions or for the
13restoration of amounts previously forfeited by former
14participants who again become participating teachers.
 
15    (40 ILCS 5/16-203)
16    Sec. 16-203. Application and expiration of new benefit
17increases.
18    (a) As used in this Section, "new benefit increase" means
19an increase in the amount of any benefit provided under this
20Article, or an expansion of the conditions of eligibility for
21any benefit under this Article, that results from an amendment
22to this Code that takes effect after June 1, 2005 (the
23effective date of Public Act 94-4). "New benefit increase",
24however, does not include any benefit increase resulting from
25the changes made to this Article by Public Act 95-910, by

 

 

HB0426- 12 -LRB099 03587 RPS 23595 b

1Public Act 98-599, or by this amendatory Act of the 99th 98th
2General Assembly.
3    (b) Notwithstanding any other provision of this Code or any
4subsequent amendment to this Code, every new benefit increase
5is subject to this Section and shall be deemed to be granted
6only in conformance with and contingent upon compliance with
7the provisions of this Section.
8    (c) The Public Act enacting a new benefit increase must
9identify and provide for payment to the System of additional
10funding at least sufficient to fund the resulting annual
11increase in cost to the System as it accrues.
12    Every new benefit increase is contingent upon the General
13Assembly providing the additional funding required under this
14subsection. The Commission on Government Forecasting and
15Accountability shall analyze whether adequate additional
16funding has been provided for the new benefit increase and
17shall report its analysis to the Public Pension Division of the
18Department of Insurance. A new benefit increase created by a
19Public Act that does not include the additional funding
20required under this subsection is null and void. If the Public
21Pension Division determines that the additional funding
22provided for a new benefit increase under this subsection is or
23has become inadequate, it may so certify to the Governor and
24the State Comptroller and, in the absence of corrective action
25by the General Assembly, the new benefit increase shall expire
26at the end of the fiscal year in which the certification is

 

 

HB0426- 13 -LRB099 03587 RPS 23595 b

1made.
2    (d) Every new benefit increase shall expire 5 years after
3its effective date or on such earlier date as may be specified
4in the language enacting the new benefit increase or provided
5under subsection (c). This does not prevent the General
6Assembly from extending or re-creating a new benefit increase
7by law.
8    (e) Except as otherwise provided in the language creating
9the new benefit increase, a new benefit increase that expires
10under this Section continues to apply to persons who applied
11and qualified for the affected benefit while the new benefit
12increase was in effect and to the affected beneficiaries and
13alternate payees of such persons, but does not apply to any
14other person, including without limitation a person who
15continues in service after the expiration date and did not
16apply and qualify for the affected benefit while the new
17benefit increase was in effect.
18(Source: P.A. 98-599, eff. 6-1-14.)
 
19    (40 ILCS 5/20-121)  (from Ch. 108 1/2, par. 20-121)
20    Sec. 20-121. Calculation of proportional retirement
21annuities.
22    (a) Upon retirement of the employee, a proportional
23retirement annuity shall be computed by each participating
24system in which pension credit has been established on the
25basis of pension credits under each system. The computation

 

 

HB0426- 14 -LRB099 03587 RPS 23595 b

1shall be in accordance with the formula or method prescribed by
2each participating system which is in effect at the date of the
3employee's latest withdrawal from service covered by any of the
4systems in which he has pension credits which he elects to have
5considered under this Article. However, the amount of any
6retirement annuity payable under the self-managed plan
7established under Section 15-158.2 or 16-153.7 of this Code or
8under the defined contribution plan established under Article
92, 14, 15, or 16 of this Code depends solely on the value of the
10participant's vested account balances and is not subject to any
11proportional adjustment under this Section.
12    (a-5) For persons who participate in a defined contribution
13plan established under Article 2, 14, 15, or 16 of this Code to
14whom the provisions of this Article apply, the pension credits
15established under the defined contribution plan may be
16considered in determining eligibility for or the amount of the
17defined benefit retirement annuity that is payable by any other
18participating system.
19    (b) Combined pension credit under all retirement systems
20subject to this Article shall be considered in determining
21whether the minimum qualification has been met and the formula
22or method of computation which shall be applied, except as may
23be otherwise provided with respect to vesting in State or
24employer contributions in a defined contribution plan. If a
25system has a step-rate formula for calculation of the
26retirement annuity, pension credits covering previous service

 

 

HB0426- 15 -LRB099 03587 RPS 23595 b

1which have been established under another system shall be
2considered in determining which range or ranges of the
3step-rate formula are to be applicable to the employee.
4    (c) Interest on pension credit shall continue to accumulate
5in accordance with the provisions of the law governing the
6retirement system in which the same has been established during
7the time an employee is in the service of another employer, on
8the assumption such employee, for interest purposes for pension
9credit, is continuing in the service covered by such retirement
10system.
11(Source: P.A. 98-599, eff. 6-1-14.)
 
12    (40 ILCS 5/20-123)  (from Ch. 108 1/2, par. 20-123)
13    Sec. 20-123. Survivor's annuity. The provisions governing
14a retirement annuity shall be applicable to a survivor's
15annuity. Appropriate credits shall be established for
16survivor's annuity purposes in those participating systems
17which provide survivor's annuities, according to the same
18conditions and subject to the same limitations and restrictions
19herein prescribed for a retirement annuity. If a participating
20system has no survivor's annuity benefit, or if the survivor's
21annuity benefit under that system is waived, pension credit
22established in that system shall not be considered in
23determining eligibility for or the amount of the survivor's
24annuity which may be payable by any other participating system.
25    For persons who participate in the self-managed plan

 

 

HB0426- 16 -LRB099 03587 RPS 23595 b

1established under Section 15-158.2 or the portable benefit
2package established under Section 15-136.4, pension credit
3established under Article 15 may be considered in determining
4eligibility for or the amount of the survivor's annuity that is
5payable by any other participating system, but pension credit
6established in any other system shall not result in any right
7to a survivor's annuity under the Article 15 system.
8    For persons who participate in the self-managed plan
9established under Section 16-153.7, pension credit established
10under Article 16 may be considered in determining eligibility
11for or the amount of the survivor's annuity that is payable by
12any other participating system, but pension credit established
13in any other system shall not result in any right to a
14survivor's annuity under the Article 16 system.
15    For persons who participate in a defined contribution plan
16established under Article 2, 14, 15, or 16 of this Code to whom
17the provisions of this Article apply, the pension credits
18established under the defined contribution plan may be
19considered in determining eligibility for or the amount of the
20defined benefit survivor's annuity that is payable by any other
21participating system, but pension credits established in any
22other system shall not result in any right to or increase in
23the value of a survivor's annuity under the defined
24contribution plan, which depends solely on the options chosen
25and the value of the participant's vested account balances and
26is not subject to any proportional adjustment under this

 

 

HB0426- 17 -LRB099 03587 RPS 23595 b

1Section.
2(Source: P.A. 98-599, eff. 6-1-14.)
 
3    (40 ILCS 5/20-124)  (from Ch. 108 1/2, par. 20-124)
4    Sec. 20-124. Maximum benefits.
5    (a) In no event shall the combined retirement or survivors
6annuities exceed the highest annuity which would have been
7payable by any participating system in which the employee has
8pension credits, if all of his pension credits had been
9validated in that system.
10    If the combined annuities should exceed the highest maximum
11as determined in accordance with this Section, the respective
12annuities shall be reduced proportionately according to the
13ratio which the amount of each proportional annuity bears to
14the aggregate of all such annuities.
15    (b) In the case of a participant in the self-managed plan
16established under Section 15-158.2 of this Code to whom the
17provisions of this Article apply:
18        (i) For purposes of calculating the combined
19    retirement annuity and the proportionate reduction, if
20    any, in a retirement annuity other than one payable under
21    the self-managed plan, the amount of the Article 15
22    retirement annuity shall be deemed to be the highest
23    annuity to which the annuitant would have been entitled if
24    he or she had participated in the traditional benefit
25    package as defined in Section 15-103.1 rather than the

 

 

HB0426- 18 -LRB099 03587 RPS 23595 b

1    self-managed plan.
2        (ii) For purposes of calculating the combined
3    survivor's annuity and the proportionate reduction, if
4    any, in a survivor's annuity other than one payable under
5    the self-managed plan, the amount of the Article 15
6    survivor's annuity shall be deemed to be the highest
7    survivor's annuity to which the survivor would have been
8    entitled if the deceased employee had participated in the
9    traditional benefit package as defined in Section 15-103.1
10    rather than the self-managed plan.
11        (iii) Benefits payable under the self-managed plan are
12    not subject to proportionate reduction under this Section.
13    (c) In the case of a participant in a defined contribution
14plan established under Article 2, 14, 15, or 16 of this Code to
15whom the provisions of this Article apply:
16        (i) For purposes of calculating the combined
17    retirement annuity and the proportionate reduction, if
18    any, in a defined benefit retirement annuity, any benefit
19    payable under the defined contribution plan shall not be
20    considered.
21        (ii) For purposes of calculating the combined
22    survivor's annuity and the proportionate reduction, if
23    any, in a defined benefit survivor's annuity, any benefit
24    payable under the defined contribution plan shall not be
25    considered.
26        (iii) Benefits payable under a defined contribution

 

 

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1    plan established under Article 2, 14, 15, or 16 of this
2    Code are not subject to proportionate reduction under this
3    Section.
4    (d) In the case of a participant in the self-managed plan
5established under Section 16-153.7 of this Code to whom the
6provisions of this Article apply:
7        (i) For purposes of calculating the combined
8    retirement annuity and the proportionate reduction, if
9    any, in a retirement annuity other than one payable under a
10    self-managed plan, the amount of the Article 16 retirement
11    annuity shall be deemed to be the highest annuity to which
12    the annuitant would have been entitled if he or she had
13    participated in the traditional benefit package instead of
14    in the self-managed plan.
15        (ii) For purposes of calculating the combined
16    survivor's annuity and the proportionate reduction, if
17    any, in a survivor's annuity other than one payable under a
18    self-managed plan, the amount of the Article 16 survivor's
19    annuity shall be deemed to be the highest survivor's
20    annuity to which the survivor would have been entitled if
21    the deceased person had participated in the traditional
22    benefit package instead of in the self-managed plan.
23        (iii) Benefits payable under the self-managed plan are
24    not subject to proportionate reduction under this Section.
25(Source: P.A. 98-599, eff. 6-1-14.)
 

 

 

HB0426- 20 -LRB099 03587 RPS 23595 b

1    (40 ILCS 5/20-125)  (from Ch. 108 1/2, par. 20-125)
2    Sec. 20-125. Return to employment - suspension of benefits.
3If a retired employee returns to employment which is covered by
4a system from which he is receiving a proportional annuity
5under this Article, his proportional annuity from all
6participating systems shall be suspended during the period of
7re-employment, except that this suspension does not apply to
8any distributions payable under the self-managed plan
9established under Section 15-158.2 or 16-153.7 or under a
10defined contribution plan established under Article 2, 14, 15,
11or 16 of this Code.
12    The provisions of the Article under which such employment
13would be covered shall govern the determination of whether the
14employee has returned to employment, and if applicable the
15exemption of temporary employment or employment not exceeding a
16specified duration or frequency, for all participating systems
17from which the retired employee is receiving a proportional
18annuity under this Article, notwithstanding any contrary
19provisions in the other Articles governing such systems.
20(Source: P.A. 98-599, eff. 6-1-14.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.