Full Text of HB2643 96th General Assembly
HB2643sam001 96TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 5/26/2009
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| AMENDMENT TO HOUSE BILL 2643
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| AMENDMENT NO. ______. Amend House Bill 2643 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Public Labor Relations Act is | 5 |
| amended by changing Section 15 and by adding Section 28 as | 6 |
| follows:
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| (5 ILCS 315/15) (from Ch. 48, par. 1615)
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| Sec. 15. Act Takes Precedence. | 9 |
| (a) In case of any conflict between the
provisions of this | 10 |
| Act and any other law (other than Section 5 of the State | 11 |
| Employees Group Insurance Act of 1971 and other than the | 12 |
| changes made to the Illinois Pension Code by this amendatory | 13 |
| Act of the 96th General Assembly ), executive order or | 14 |
| administrative
regulation relating to wages, hours and | 15 |
| conditions of employment and employment
relations, the | 16 |
| provisions of this Act or any collective bargaining agreement
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| negotiated thereunder shall prevail and control.
Nothing in | 2 |
| this Act shall be construed to replace or diminish the
rights | 3 |
| of employees established by Sections 28 and 28a of the | 4 |
| Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 | 5 |
| of the Regional Transportation
Authority Act. The provisions of | 6 |
| this Act are subject to Section 5 of the State Employees Group | 7 |
| Insurance Act of 1971 and the changes made to the Illinois | 8 |
| Pension Code by this amendatory Act of the 96th General | 9 |
| Assembly . Nothing in this Act shall be construed to replace the | 10 |
| necessity of complaints against a sworn peace officer, as | 11 |
| defined in Section 2(a) of the Uniform Peace Officer | 12 |
| Disciplinary Act, from having a complaint supported by a sworn | 13 |
| affidavit.
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| (b) Except as provided in subsection (a) above, any | 15 |
| collective bargaining
contract between a public employer and a | 16 |
| labor organization executed pursuant
to this Act shall | 17 |
| supersede any contrary statutes, charters, ordinances, rules
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| or regulations relating to wages, hours and conditions of | 19 |
| employment and
employment relations adopted by the public | 20 |
| employer or its agents. Any collective
bargaining agreement | 21 |
| entered into prior to the effective date of this Act
shall | 22 |
| remain in full force during its duration.
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| (c) It is the public policy of this State, pursuant to | 24 |
| paragraphs (h)
and (i) of Section 6 of Article VII of the | 25 |
| Illinois Constitution, that the
provisions of this Act are the | 26 |
| exclusive exercise by the State of powers
and functions which |
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| might otherwise be exercised by home rule units. Such
powers | 2 |
| and functions may not be exercised concurrently, either | 3 |
| directly
or indirectly, by any unit of local government, | 4 |
| including any home rule
unit, except as otherwise authorized by | 5 |
| this Act.
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| (d) Any disputes that are brought on behalf of any employer | 7 |
| or employee or exclusive bargaining representative subject to | 8 |
| this Act arising from the changes made to the Illinois Pension | 9 |
| Code by this amendatory Act of the 96th General Assembly shall | 10 |
| be subject to the exclusive jurisdiction of the Illinois Labor | 11 |
| Relations Board, and the Circuit Courts shall have no | 12 |
| jurisdiction, except to hear disputes arising directly under | 13 |
| the Constitution of the United States of America or the | 14 |
| Illinois Constitution. | 15 |
| (Source: P.A. 95-331, eff. 8-21-07.)
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| (5 ILCS 315/28 new)
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| Sec. 28. Labor. Notwithstanding the existence of any other | 18 |
| provision in this Act or any other law, collective bargaining | 19 |
| between any employer whose employees are affected by the | 20 |
| changes made to the Illinois Pension Code by this amendatory | 21 |
| Act of the 96th General Assembly and the exclusive bargaining | 22 |
| representative of such employees may include decisions | 23 |
| concerning the changes made to the Illinois Pension Code by | 24 |
| this amendatory Act of the 96th General Assembly, including, | 25 |
| but not limited to, changes and benefits of retirement systems |
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| covered by the Illinois Pension Code. These subjects are | 2 |
| permissive subjects of bargaining between an employer and an | 3 |
| exclusive representative of its employees and, for the purpose | 4 |
| of the this Act, are within the sole discretion of the employer | 5 |
| to decide to bargain, provided that the employer is required to | 6 |
| bargain over the impact of a decision concerning such subject | 7 |
| on the bargaining unit upon request by the exclusive | 8 |
| representative. During this bargaining, the employer shall not | 9 |
| be precluded from implementing its decision. If, after a | 10 |
| reasonable period of bargaining, a dispute or impasse exists | 11 |
| between the employer and the exclusive representative, then the | 12 |
| dispute or impasse shall be resolved exclusively as set forth | 13 |
| in this Act.
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| Section 10. The Illinois Pension Code is amended by adding | 15 |
| Sections 2-300, 2-305, 2-310, 2-315, 2-320, 2-325, 2-330, | 16 |
| 2-335, 2-340, 14-300, 14-305, 14-310, 14-315, 14-320, 14-325, | 17 |
| 14-330, 14-335, 14-340, 15-300, 15-305, 15-310, 15-315, | 18 |
| 15-320, 15-325, 15-330, 15-335, 15-340, 16-300, 16-305, | 19 |
| 16-310, 16-315, 16-320, 16-325, 16-330, 16-335, 16-340, | 20 |
| 18-300, 18-305, 18-310, 18-315, 18-320, 18-325, 18-330, | 21 |
| 18-335, and 18-340 as follows: | 22 |
| (40 ILCS 5/2-300 new)
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| Sec. 2-300. Provisions applicable to later entrants. | 24 |
| (a) The provisions of this Article following this Section |
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| apply only to members who first become members on or after | 2 |
| January 1, 2010, who are referred to as "later entrants" or who | 3 |
| are otherwise considered "later entrants" in accordance with | 4 |
| the following Sections of this Article. | 5 |
| (b) Except as provided in subsection (c) of this Section, | 6 |
| the Sections of this Article before this Section do not apply | 7 |
| to members who first become members on or after January 1, | 8 |
| 2010. | 9 |
| (c) The following Sections are also applicable to members | 10 |
| who first become members on or after January 1, 2010: Sections | 11 |
| 2-101, 2-102, 2-103, 2-104, 2-105, 2-106, 2-109, 2-111, 2-112, | 12 |
| 2-113, 2-114, 2-116, 2-117, 2-117.3, 2-121.2, 2-121.3, 2-124 | 13 |
| through 2-160, and 2-162. | 14 |
| (d) To the extent that the Sections enumerated in | 15 |
| subsection (c) of this Section conflict with the Sections | 16 |
| following this Section, the Sections following this Section | 17 |
| shall control. | 18 |
| (e) To the extent that the applicable Sections are included | 19 |
| under subsection (c) of this Section, later entrants are | 20 |
| entitled to disability benefits under this Article. | 21 |
| (f) "Participant" shall include later entrants who elect to | 22 |
| participate, but shall not include former members who elect to | 23 |
| participate under Section 2-117.1. | 24 |
| (40 ILCS 5/2-305 new)
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| Sec. 2-305. Creditable service for later entrants. |
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| (a) A member may only establish creditable service for his | 2 |
| or her service as a member under this Article. Except as | 3 |
| otherwise provided in this Section, a member may not establish | 4 |
| creditable service for any other service. | 5 |
| (b) A member may establish creditable service, without | 6 |
| making contributions, for periods of military service, as | 7 |
| defined in Section 2-109, provided that the person received a | 8 |
| discharge other than dishonorable, was a member within 6 months | 9 |
| prior to military service, and returned to service as a member | 10 |
| under this System within one year after discharge. | 11 |
| A member may purchase up to 2 years of military service not | 12 |
| immediately following service as a member under this System, by | 13 |
| paying to the System (1) employee contributions based on the | 14 |
| member's salary upon the first date as a member after the | 15 |
| military service, plus (2) an amount determined by the board to | 16 |
| be equal to the employer's normal cost of the benefit, plus (3) | 17 |
| interest on items (1) and (2) at the actuarially assumed rate, | 18 |
| compounded annually, from the first date as a member after such | 19 |
| military service to the date of payment. | 20 |
| The total amount of creditable military service for any | 21 |
| member during his or her entire term of service shall not | 22 |
| exceed 5 years. | 23 |
| (c) A member may establish service credit for up to 2 years | 24 |
| of periods spent on authorized leave of absence from service | 25 |
| due to pregnancy or adoption by paying to the System (1) | 26 |
| employee contributions based upon the member's salary upon |
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| becoming a member under this Article, (2) an amount determined | 2 |
| by the board to be equal to the employer's normal cost of the | 3 |
| benefit, and (3) interest on items (1) and (2) at the | 4 |
| actuarially assumed rate from the date of first membership in | 5 |
| the System to the date of payment. | 6 |
| (40 ILCS 5/2-310 new)
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| Sec. 2-310. Retirement annuity; conditions for | 8 |
| eligibility; later entrants. A member may claim his or her | 9 |
| retirement annuity upon attainment of (1) the full (normal) | 10 |
| retirement age as provided in the federal Social Security Act | 11 |
| with at least 10 years of service credit or (2) age 62 with at | 12 |
| least 35 years of service credit. | 13 |
| A member may claim a reduced retirement annuity under | 14 |
| subsection (c) of Section 2-315 if he or she is at least 62 | 15 |
| years of age and has at least 10 years of service. | 16 |
| The annuity shall begin with the first full calendar month | 17 |
| following the date of withdrawal. | 18 |
| (40 ILCS 5/2-315 new)
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| Sec. 2-315. Retirement life annuity; amount; later | 20 |
| entrants. | 21 |
| (a) With respect to later entrants: | 22 |
| (1) "Final average salary" means the monthly salary | 23 |
| obtained by dividing the total salary of a participant | 24 |
| during the period of: (A) the 96 consecutive months of |
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| service within the last 120 months of service in which the | 2 |
| total salary was the highest or (B) the total period of | 3 |
| service, if less than 96 months, by the number of months of | 4 |
| service in such period; provided that for the purposes of a | 5 |
| retirement annuity the average salary for the last 12 | 6 |
| months of the 96 months shall not exceed the final average | 7 |
| salary by more than 25%. | 8 |
| In no event shall the monthly salary used to determine | 9 |
| final average salary exceed (i) the Social Security Covered | 10 |
| Wage Base for the given month of service or (ii) $12,500, | 11 |
| whichever is less; provided, however, that the $12,500 | 12 |
| maximum shall be adjusted annually after the effective date | 13 |
| of this amendatory Act of the 96th General Assembly, by (1) | 14 |
| 3% or (2) one-half of the percentage increase, if any, in | 15 |
| the Consumer Price Index for All Urban Consumers, whichever | 16 |
| is less. | 17 |
| The earnings limitations contained in this item (1) | 18 |
| apply to earnings under any other participating system | 19 |
| under the Retirement Systems Reciprocal Act that are | 20 |
| considered in calculating a proportional annuity under | 21 |
| this Article. | 22 |
| (2) "Salary" means: | 23 |
| (A) For members of the General Assembly, the total | 24 |
| salary paid to the member by the State for one year of | 25 |
| service, including the additional amounts, if any, | 26 |
| paid to the member as an officer, committee chair, or |
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| minority spokesperson pursuant to Section 1 of General | 2 |
| Assembly Compensation Act. "Salary" shall not include | 3 |
| any compensation or allowance for mileage, food, or | 4 |
| lodging. | 5 |
| (B) For all other members specified in Section | 6 |
| 2-105, the total salary paid to the member for one year | 7 |
| of service. "Salary" shall not include any | 8 |
| compensation or allowance for mileage, food, or | 9 |
| lodging. | 10 |
| However, in the event that federal tax law results in | 11 |
| any participant receiving imputed income, such imputed | 12 |
| income shall not be included in salary for the purposes of | 13 |
| this Article. | 14 |
| (b) The retirement life annuity shall be 2% of final | 15 |
| average salary for each year of service, but in no event shall | 16 |
| exceed 70% of final average salary. | 17 |
| (c) For a member retiring after attaining age 62 with less | 18 |
| than 35 years of service credit, the retirement life annuity | 19 |
| shall be reduced by one-half of 1% for each month that the | 20 |
| member's age is under the full (normal) retirement age as | 21 |
| provided in the federal Social Security Act. | 22 |
| (40 ILCS 5/2-320 new)
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| Sec. 2-320. Alternative forms of annuities for later | 24 |
| entrants. A participant may choose any of the following types | 25 |
| of annuities in lieu of receiving the full annuity provided in |
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| Section 2-315: | 2 |
| (1) Joint and 50% survivor annuity. Under this form of | 3 |
| payment, the participant receives a reduced monthly | 4 |
| payment for his or her lifetime with a payment equal to 50% | 5 |
| of the reduced amount payable to the participant paid to | 6 |
| the participant's designated beneficiary for the | 7 |
| beneficiary's lifetime if the beneficiary survives the | 8 |
| participant. | 9 |
| (2) Joint and 75% survivor annuity. Under this form of | 10 |
| payment, the participant receives a reduced monthly | 11 |
| payment for his or her lifetime with a payment equal to 75% | 12 |
| of the reduced amount payable to the participant paid to | 13 |
| the participant's designated beneficiary for the | 14 |
| beneficiary's lifetime if the beneficiary survives the | 15 |
| participant. | 16 |
| (3) Joint and 100% survivor annuity. Under this form of | 17 |
| payment, the participant receives a reduced monthly | 18 |
| payment for his or her lifetime with a payment equal to | 19 |
| 100% of the reduced amount payable to the participant paid | 20 |
| to the participant's designated beneficiary for the | 21 |
| beneficiary's lifetime if the beneficiary survives the | 22 |
| participant. | 23 |
| (4) Single life annuity with 60, 120, or 180 months of | 24 |
| guaranteed payments. Under this option, the participant | 25 |
| receives a reduced monthly payment for his or her lifetime. | 26 |
| If the participant dies before receiving at least the |
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| number of guaranteed monthly payments, then the | 2 |
| participant's beneficiary or estate receives the remaining | 3 |
| guaranteed number of monthly payments. | 4 |
| The Board must determine the participant's optional form of | 5 |
| annuity provided under this Section by taking into account the | 6 |
| appropriate actuarial assumptions, including without | 7 |
| limitation the participant's and beneficiary's age; applicable | 8 |
| mortality tables; and any other factors that the Board | 9 |
| determines to be relevant. For this purpose, the participant's | 10 |
| joint and survivor annuity should result in no significant | 11 |
| increase to the System's unfunded actuarial accrued liability | 12 |
| determined as of the most recent actuarial valuation compared | 13 |
| to the System's actuarial liability if the participant opted | 14 |
| for a retirement life annuity under Section 2-315, based on the | 15 |
| same assumptions and methods used to develop and report the | 16 |
| System's actuarial accrued liability and actuarial value of | 17 |
| assets under Statement No. 25 of Governmental Accounting | 18 |
| Standards Board or any subsequent applicable Statement. | 19 |
| (40 ILCS 5/2-325 new)
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| Sec. 2-325. Automatic annual increases for later entrants. | 21 |
| Notwithstanding any other provision of this Article, a person | 22 |
| receiving a retirement or survivor annuity under Section 2-315 | 23 |
| or 2-320 shall, on the first anniversary of retirement, but not | 24 |
| before attaining age 67, and annually thereafter, have his or | 25 |
| her annuity increased by (1) 3% or (2) one-half of the |
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| percentage increase, if any, in the Consumer Price Index for | 2 |
| All Urban Consumers measured from the July 1 two years prior to | 3 |
| the January 1 of the year during which the increase is being | 4 |
| granted to the June 30 preceding the year during which the | 5 |
| increase is being granted, whichever is less, of the originally | 6 |
| granted annuity. | 7 |
| (40 ILCS 5/2-330 new)
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| Sec. 2-330. Contributions by participants; later entrants. | 9 |
| (a) Each participant shall contribute 7% of each payment of | 10 |
| salary received by him or her for service as a member toward | 11 |
| the cost of his or her retirement annuity. In no event shall | 12 |
| contributions be deducted from salary in excess of (1) the | 13 |
| Social Security Covered Wage Base for the given calendar year | 14 |
| or (2) $150,000, whichever is less. | 15 |
| (b) Contributions shall be in the form of a deduction from | 16 |
| salary and shall be made notwithstanding that the net salary | 17 |
| paid to the member shall be reduced thereby below the minimum | 18 |
| prescribed by law or regulation. Each member is deemed to | 19 |
| consent and agree to the deductions from compensation provided | 20 |
| for in this Article. | 21 |
| (c) These contributions shall be picked up in the manner | 22 |
| provided in Section 2-126.1. | 23 |
| (40 ILCS 5/2-335 new)
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| Sec. 2-335. Refunds; later entrants. |
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| (a) A participant who ceases to be a member, other than an | 2 |
| annuitant, shall, upon written request, receive a refund of his | 3 |
| or her total contributions, plus interest at (1) 3% or (2) | 4 |
| one-half of the percentage increase, if any, in the Consumer | 5 |
| Price Index for All Urban Consumers measured from the July 1 | 6 |
| two years prior to the January 1 of the year during which the | 7 |
| interest is being credited to the June 30 preceding the year | 8 |
| during which the interest is being credited, whichever is less, | 9 |
| per year, not compounded. | 10 |
| (b) Upon re-entry into service as a member, a former | 11 |
| participant may reestablish any creditable service forfeited | 12 |
| by acceptance of a refund by paying to the System the full | 13 |
| amount refunded, plus interest at the actuarially assumed rate, | 14 |
| not compounded, from the date of payment of the refund to the | 15 |
| date of repayment. | 16 |
| (c) Participants covered by the provisions of this Section | 17 |
| shall be deemed later entrants only if the date of their | 18 |
| initial participation was on or after January 1, 2010. | 19 |
| (40 ILCS 5/2-340 new)
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| Sec. 2-340. Re-entry after retirement; later entrants. | 21 |
| (a) An annuitant who re-enters service as a member shall | 22 |
| become a participant on the date of re-entry, unless he or she | 23 |
| elects not to participate under Section 2-117, and retirement | 24 |
| annuity payments shall cease at that time. The participant | 25 |
| shall resume contributions to the system on the date of |
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| re-entry at the rates then in effect and shall begin to accrue | 2 |
| additional service credit. | 3 |
| (b) Upon subsequent retirement, the participant shall be | 4 |
| entitled to a retirement annuity consisting of: (1) the amount | 5 |
| of retirement annuity previously granted and terminated by | 6 |
| re-entry into service and (2) the amount of additional | 7 |
| retirement annuity earned during the additional service. | 8 |
| (c) In computing the retirement annuity under subsection | 9 |
| (b) of this Section, the time that the member was on retirement | 10 |
| shall not interrupt the continuity of service for the | 11 |
| computation of final average compensation and the additional | 12 |
| membership service shall be considered, together with service | 13 |
| rendered before the previous retirement, in establishing final | 14 |
| average compensation. | 15 |
| (d) Participants covered by the provisions of this Section | 16 |
| shall be deemed later entrants only if the date of their | 17 |
| initial participation was on or after January 1, 2010. | 18 |
| (40 ILCS 5/14-300 new)
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| Sec. 14-300. Provisions applicable to later entrants. | 20 |
| (a) The provisions of this Article following this Section | 21 |
| apply only to members who first become members on or after | 22 |
| January 1, 2010, who are referred to as "later entrants" or who | 23 |
| are otherwise considered "later entrants" in accordance with | 24 |
| the following Sections of this Article. | 25 |
| (b) Except as provided in subsection (c) of this Section, |
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| the Sections of this Article before this Section do not apply | 2 |
| to members who first become members on or after January 1, | 3 |
| 2010. | 4 |
| (c) The following Sections are also applicable to employees | 5 |
| who first become employees on or after January 1, 2010: | 6 |
| Sections 14-101, 14-102, 14-103, 14-103.01, 14-103.02, | 7 |
| 14-103.03, 14-103.04, 14-103.05, 14-103.06, 14-103.07, | 8 |
| 14-103.08, 14-103.09, 14-103.11, 14-103.13, 14-103.15, | 9 |
| 14-103.16, 14-103.17, 14-103.18, 14-103.19, 14-103.21, | 10 |
| 14-103.22, 14-103.23, 14-103.24, 14-103.25, 14-103.26, | 11 |
| 14-103.27, 14-103.28, 14-103.29, 14-103.32, 14-103.33, | 12 |
| 14-103.34, 14-103.35, 14-103.36, 14-103.37, 14-103.38, | 13 |
| 14-103.39, 14-104.4, 14-104.7, 14-121.1, 14-123, 14-123.1, | 14 |
| 14-124, 14-125, 14-125.1, 14-126, 14-127, 14-128, 14-129, | 15 |
| 14-131, 14-132, 14-132.2, and 14-133.1 and Sections 14-134 | 16 |
| through 14-152.2. | 17 |
| (d) To the extent that the Sections enumerated in | 18 |
| subsection (c) of this Section conflict with the Sections | 19 |
| following this Section, the Sections following this Section | 20 |
| shall control. | 21 |
| (e) To the extent that the applicable Sections are included | 22 |
| under subsection (c) of this Section, later entrants are | 23 |
| entitled to disability benefits under this Article. | 24 |
| (40 ILCS 5/14-305 new)
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| Sec. 14-305. Creditable service for later entrants. |
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| (a) Creditable service under this Article is subject to the | 2 |
| following conditions: | 3 |
| (1) A member may only establish creditable service for | 4 |
| his or her membership service, as defined in Section | 5 |
| 14-103.13. Except as otherwise provided in this Section, a | 6 |
| member may not establish creditable service for any other | 7 |
| service. | 8 |
| (2) A member may not convert any unused sick leave or | 9 |
| vacation into creditable service under this Article. | 10 |
| (b) A member may establish creditable service, without | 11 |
| making contributions, for periods of military service, as | 12 |
| defined in Section 14-103.16, provided that the person received | 13 |
| a discharge other than dishonorable, was a member within 6 | 14 |
| months prior to military service, and returned to service as a | 15 |
| member under this System within one year after discharge. | 16 |
| A member may purchase up to 2 years of military service not | 17 |
| immediately following service as a member under this System, by | 18 |
| paying to the System (1) employee contributions based on the | 19 |
| member's salary upon the first date as a member after the | 20 |
| military service, plus (2) an amount determined by the board to | 21 |
| be equal to the employer's normal cost of the benefit, plus (3) | 22 |
| interest on items (1) and (2) at the actuarially assumed rate, | 23 |
| compounded annually, from the first date as a member after such | 24 |
| military service to the date of payment. | 25 |
| The total amount of creditable military service for any | 26 |
| member during his or her entire term of service shall not |
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| exceed 5 years. | 2 |
| (c) A member may establish service credit for up to 2 years | 3 |
| of periods spent on authorized leave of absence from service | 4 |
| due to pregnancy or adoption by paying to the System (1) | 5 |
| employee contributions based upon the member's salary upon | 6 |
| becoming a member under this Article, (2) an amount determined | 7 |
| by the board to be equal to the employer's normal cost of the | 8 |
| benefit, and (3) interest on items (1) and (2) at the | 9 |
| actuarially assumed rate from the date of first membership in | 10 |
| the System to the date of payment. | 11 |
| (40 ILCS 5/14-310 new)
| 12 |
| Sec. 14-310. Retirement annuity; conditions for | 13 |
| eligibility; later entrants. A member may claim his or her | 14 |
| retirement annuity upon attainment of (1) the full (normal) | 15 |
| retirement age as provided in the federal Social Security Act | 16 |
| with at least 10 years of service credit or (2) age 62 with at | 17 |
| least 35 years of service credit. | 18 |
| A member may claim a reduced retirement annuity under | 19 |
| subsection (c) of Section 14-315 if he or she is at least 62 | 20 |
| years of age and has at least 10 years of service. | 21 |
| The annuity shall begin with the first full calendar month | 22 |
| following the date of withdrawal. | 23 |
| (40 ILCS 5/14-315 new)
| 24 |
| Sec. 14-315. Retirement life annuity; amount; later |
|
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| entrants. | 2 |
| (a) With respect to later entrants: | 3 |
| (1) "Final average compensation" means the monthly | 4 |
| compensation obtained by dividing the total compensation | 5 |
| of an employee during the period of: (A) the 96 consecutive | 6 |
| months of service within the last 120 months of service in | 7 |
| which the total compensation was the highest or (B) the | 8 |
| total period of service, if less than 96 months, by the | 9 |
| number of months of service in such period; provided that | 10 |
| for the purposes of a retirement annuity the average | 11 |
| compensation for the last 12 months of the 96 months shall | 12 |
| not exceed the final average compensation by more than 25%. | 13 |
| In no event shall the monthly compensation used to | 14 |
| determined final average compensation exceed (i) the | 15 |
| Social Security Covered Wage Base for the given month of | 16 |
| service or (ii) $12,500, whichever is less; provided, | 17 |
| however, that the $12,500 maximum shall be adjusted | 18 |
| annually after the effective date of this amendatory Act of | 19 |
| the 96th General Assembly, by (1) 3% or (2) one-half of the | 20 |
| percentage increase, if any, in the Consumer Price Index | 21 |
| for All Urban Consumers, whichever is less. | 22 |
| (2) "Compensation" means a member's base compensation | 23 |
| for regularly scheduled services rendered for an employer, | 24 |
| but does not include bonuses, expense reimbursements, | 25 |
| taxable or non-taxable fringe benefits, imputed income, | 26 |
| lump-sum payments for cashouts of vacation, unused sick or |
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| personal leave, severance pay, deferred compensation, or | 2 |
| any other similar amounts. | 3 |
| (b) The retirement life annuity shall be (1) 1.5% of final | 4 |
| average compensation for each year of service for covered | 5 |
| employees up to a maximum of 52.5% of final average | 6 |
| compensation or (2) 2% of final average compensation for each | 7 |
| year of service for noncovered employees up to a maximum of 70% | 8 |
| of final average compensation. | 9 |
| (c) For a member retiring after attaining age 62 with less | 10 |
| than 35 years of service credit, the retirement life annuity | 11 |
| shall be reduced by one-half of 1% for each month that the | 12 |
| member's age is under the full (normal) retirement age as | 13 |
| provided in the federal Social Security Act. | 14 |
| (40 ILCS 5/14-320 new)
| 15 |
| Sec. 14-320. Alternative forms of annuities for later | 16 |
| entrants. A member may choose any of the following types of | 17 |
| annuities in lieu of receiving the full annuity provided in | 18 |
| Section 14-315: | 19 |
| (1) Joint and 50% survivor annuity. Under this form of | 20 |
| payment, the member receives a reduced monthly payment for | 21 |
| his or her lifetime with a payment equal to 50% of the | 22 |
| reduced amount payable to the member paid to the member's | 23 |
| designated beneficiary for the beneficiary's lifetime if | 24 |
| the beneficiary survives the member. | 25 |
| (2) Joint and 75% survivor annuity. Under this form of |
|
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| payment, the member receives a reduced monthly payment for | 2 |
| his or her lifetime with a payment equal to 75% of the | 3 |
| reduced amount payable to the member paid to the member's | 4 |
| designated beneficiary for the beneficiary's lifetime if | 5 |
| the beneficiary survives the member. | 6 |
| (3) Joint and 100% survivor annuity. Under this form of | 7 |
| payment, the member receives a reduced monthly payment for | 8 |
| his or her lifetime with a payment equal to 100% of the | 9 |
| reduced amount payable to the member paid to the member's | 10 |
| designated beneficiary for the beneficiary's lifetime if | 11 |
| the beneficiary survives the member. | 12 |
| (4) Single life annuity with 60, 120, or 180 months of | 13 |
| guaranteed payments. Under this option, the member | 14 |
| receives a reduced monthly payment for his or her lifetime. | 15 |
| If the member dies before receiving at least the number of | 16 |
| guaranteed monthly payments, then the member's beneficiary | 17 |
| or estate receives the remaining guaranteed number of | 18 |
| monthly payments. | 19 |
| The Board must determine the participant's optional form of | 20 |
| annuity provided under this Section by taking into account the | 21 |
| appropriate actuarial assumptions, including without | 22 |
| limitation the participant's and beneficiary's age; applicable | 23 |
| mortality tables; and any other factors that the Board | 24 |
| determines to be relevant. For this purpose, the participant's | 25 |
| joint and survivor annuity should result in no significant | 26 |
| increase to the System's unfunded actuarial accrued liability |
|
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| determined as of the most recent actuarial valuation compared | 2 |
| to the System's actuarial liability if the participant opted | 3 |
| for a retirement life annuity under Section 14-315, based on | 4 |
| the same assumptions and methods used to develop and report the | 5 |
| System's actuarial accrued liability and actuarial value of | 6 |
| assets under Statement No. 25 of Governmental Accounting | 7 |
| Standards Board or any subsequent applicable Statement. | 8 |
| (40 ILCS 5/14-325 new)
| 9 |
| Sec. 14-325. Automatic annual increases for later | 10 |
| entrants. Notwithstanding any other provision of this Article, | 11 |
| a person receiving a retirement or survivor annuity under | 12 |
| Section 14-315 or 14-320 shall, on the first anniversary of | 13 |
| retirement, but not before attaining age 67, and annually | 14 |
| thereafter, have his or her annuity increased by (1) 3% or (2) | 15 |
| one-half of the percentage increase, if any, in the Consumer | 16 |
| Price Index for All Urban Consumers measured from the July 1 | 17 |
| two years prior to the January 1 of the year during which the | 18 |
| increase is being granted to the June 30 preceding the year | 19 |
| during which the increase is being granted, whichever is less, | 20 |
| of the originally granted annuity. | 21 |
| (40 ILCS 5/14-330 new)
| 22 |
| Sec. 14-330. Contributions by members; later entrants. | 23 |
| (a) Each employee shall contribute the following | 24 |
| percentage of each payment of salary received by him or her for |
|
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| service as an employee toward the cost of his or her retirement | 2 |
| annuity: | 3 |
| (1) Covered employees, 3%. | 4 |
| (2) Noncovered employees, 7%. | 5 |
| (b) Contributions shall be in the form of a deduction from | 6 |
| compensation and shall be made notwithstanding that the net | 7 |
| compensation paid to the employee shall be reduced thereby | 8 |
| below the minimum prescribed by law or regulation. Each member | 9 |
| is deemed to consent and agree to the deductions from | 10 |
| compensation provided for in this Article. | 11 |
| (c) These contributions shall be picked up in the manner | 12 |
| provided in Section 14-133.1. | 13 |
| (d) In no event shall contributions be deducted from salary | 14 |
| in excess of (1) the Social Security Covered Wage Base for the | 15 |
| given calendar year or (2) $150,000, whichever is less. | 16 |
| (40 ILCS 5/14-335 new)
| 17 |
| Sec. 14-335. Refunds; later entrants. | 18 |
| (a) A member who ceases to be an employee, other than an | 19 |
| annuitant, shall, upon written request made at least 30 days | 20 |
| following withdrawal as an employee, receive a refund of his or | 21 |
| her total contributions, plus interest at (1) 3% or (2) | 22 |
| one-half of the percentage increase, if any, in the Consumer | 23 |
| Price Index for All Urban Consumers measured from the July 1 | 24 |
| two years prior to the January 1 of the year during which the | 25 |
| interest is being credited to the June 30 preceding the year |
|
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| 1 |
| during which the interest is being credited, whichever is less, | 2 |
| per year, not compounded. | 3 |
| (b) Upon re-entry into service as a member and completion | 4 |
| of 2 years of creditable service, a former member may | 5 |
| reestablish any creditable service forfeited by acceptance of a | 6 |
| refund by paying to the System the full amount refunded, plus | 7 |
| interest at actuarially assumed rate, not compounded, from the | 8 |
| date of payment of the refund to the date of repayment. | 9 |
| (c) Members covered by the provisions of this Section shall | 10 |
| be deemed later entrants only if the date of their initial | 11 |
| membership was on or after January 1, 2010. | 12 |
| (40 ILCS 5/14-340 new)
| 13 |
| Sec. 14-340. Re-entry after retirement; later entrants. | 14 |
| (a) An annuitant who re-enters service as a member shall | 15 |
| become a member on the date of re-entry and retirement annuity | 16 |
| payments shall cease at that time. The employee shall resume | 17 |
| contributions to the system on the date of re-entry at the | 18 |
| rates then in effect and shall begin to accrue additional | 19 |
| service credit. | 20 |
| (b) Upon subsequent retirement, the employee shall be | 21 |
| entitled to a retirement annuity consisting of: (1) the amount | 22 |
| of retirement annuity previously granted and terminated by | 23 |
| re-entry into service and (2) the amount of additional | 24 |
| retirement annuity earned during the additional service. | 25 |
| (c) In computing the retirement annuity under subsection |
|
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| (b) of this Section, the time that the member was on retirement | 2 |
| shall not interrupt the continuity of service for the | 3 |
| computation of final average compensation and the additional | 4 |
| membership service shall be considered, together with service | 5 |
| rendered before the previous retirement, in establishing final | 6 |
| average compensation. | 7 |
| (d) Members covered by the provisions of this Section shall | 8 |
| be deemed later entrants only if the date of their initial | 9 |
| membership was on or after January 1, 2010. | 10 |
| (40 ILCS 5/15-300 new)
| 11 |
| Sec. 15-300. Provisions applicable to later entrants. | 12 |
| (a) The provisions of this Article following this Section | 13 |
| apply only to employees who first become employees on or after | 14 |
| January 1, 2010, who are referred to as "later entrants" or who | 15 |
| are otherwise considered "later entrants" in accordance with | 16 |
| the following Sections of this Article. | 17 |
| (b) Except as provided in subsection (c) of this Section, | 18 |
| the Sections of this Article before this Section do not apply | 19 |
| to employees who first become employees on or after January 1, | 20 |
| 2010. | 21 |
| (c) The following Sections are also applicable to employees | 22 |
| who first become employees on or after January 1, 2010: | 23 |
| Sections 15-101, 15-102, 15-103, 15-103.2, 15-103.3, 15-104, | 24 |
| 15-105, 15-106, 15-107, 15-108, 15-109, 15-110, 15-111, | 25 |
| 15-113, 15-113.1, 15-118, 15-119, 15-120, 15-124, 15-126, |
|
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| 15-126.1, 15-127, 15-129, 15-130, 15-132.2, 15-133, 15-134, | 2 |
| 15-134.5, 15-136.4, 15-150, 15-151, 15-152, 15-153, 15-153.1, | 3 |
| 15-153.2, 15-153.3, 15-155, 15-156, 15-157.1, 15-158.2, | 4 |
| 15-158.3, and 15-158.4 and Sections 15-159 through 15-198. | 5 |
| (d) To the extent that the Sections enumerated in | 6 |
| subsection (c) of this Section conflict with the Sections | 7 |
| following this Section, the Sections following this Section | 8 |
| shall control. | 9 |
| (e) To the extent that the applicable Sections are included | 10 |
| under subsection (c) of this Section, later entrants are | 11 |
| entitled to disability benefits under this Article. | 12 |
| (40 ILCS 5/15-305 new)
| 13 |
| Sec. 15-305. Creditable service for later entrants. | 14 |
| (a) Creditable service under this Article is subject to the | 15 |
| following conditions: | 16 |
| (1) A participant may only establish creditable | 17 |
| service for his or her service for employment with an | 18 |
| employer, as defined in Section 15-106. Except as otherwise | 19 |
| provided in this Section, a participant may not establish | 20 |
| creditable service for any other service. | 21 |
| (2) A participant may not convert any unused sick leave | 22 |
| or vacation into creditable service under this Article. | 23 |
| (3) Creditable service shall not include periods | 24 |
| during which a person was employed less than one-half time | 25 |
| with an employer, as defined in Section 15-106. |
|
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| (b) A participant may establish creditable service, | 2 |
| without making contributions, for periods of military service, | 3 |
| provided that the person received a discharge other than | 4 |
| dishonorable, was a participant within 6 months prior to | 5 |
| military service, and returned to service as a participant | 6 |
| under this System within one year after discharge. | 7 |
| A participant may purchase up to 2 years of military | 8 |
| service not immediately following service as a participant | 9 |
| under this System, by paying to the System (1) employee | 10 |
| contributions based on the participant's salary upon the first | 11 |
| date as a participant after the military service, plus (2) an | 12 |
| amount determined by the board to be equal to the employer's | 13 |
| normal cost of the benefit, plus (3) interest on items (1) and | 14 |
| (2) at the actuarially assumed rate, compounded annually, from | 15 |
| the first date as a participant after such military service to | 16 |
| the date of payment. | 17 |
| The total amount of creditable military service for any | 18 |
| participant during his or her entire term of service shall not | 19 |
| exceed 5 years. | 20 |
| For the purposes of this subsection (b), "military service" | 21 |
| means periods during which a person served in the armed forces | 22 |
| of the United States for which the person received a discharge | 23 |
| other than dishonorable. | 24 |
| (c) A participant may establish service credit for up to 2 | 25 |
| years of periods spent on authorized leave of absence from | 26 |
| service due to pregnancy or adoption by paying to the System |
|
|
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| 1 |
| (1) employee contributions based upon the participant's salary | 2 |
| upon becoming a participant under this Article, (2) an amount | 3 |
| determined by the board to be equal to the employer's normal | 4 |
| cost of the benefit, and (3) interest on items (1) and (2) at | 5 |
| the actuarially assumed rate from the date of first | 6 |
| participation in the System to the date of payment. | 7 |
| (40 ILCS 5/15-310 new)
| 8 |
| Sec. 15-310. Retirement annuity; conditions for | 9 |
| eligibility; later entrants. A participant may claim his or her | 10 |
| retirement annuity upon attainment of (1) the full (normal) | 11 |
| retirement age as provided in the federal Social Security Act | 12 |
| with at least 10 years of service credit or (2) age 62 with at | 13 |
| least 35 years of service credit. If the participant who has | 14 |
| not yet claimed his or her annuity is not an employee of an | 15 |
| employer participating in this System or in a participating | 16 |
| System as defined in Article 20 of this Code on April 1 of the | 17 |
| calendar year next following the calendar year in which the | 18 |
| participant attains age 70 1/2, then the annuity payment period | 19 |
| shall begin on that date. | 20 |
| A participant may claim a reduced retirement annuity under | 21 |
| subsection (c) of Section 15-315 if he or she is at least 62 | 22 |
| years of age and has at least 10 years of service. | 23 |
| The annuity shall begin with the first full calendar month | 24 |
| following the date of withdrawal. |
|
|
|
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| 1 |
| (40 ILCS 5/15-315 new)
| 2 |
| Sec. 15-315. Retirement life annuity; amount; employer | 3 |
| contribution; later entrants. | 4 |
| (a) With respect to later entrants: | 5 |
| (1) "Final average rate of earnings" means the monthly | 6 |
| rate of earnings obtained by dividing the total rate of | 7 |
| earnings of an employee during the period of: (A) the 96 | 8 |
| consecutive months of service within the last 120 months of | 9 |
| service in which the total rate of earnings was the highest | 10 |
| or (B) the total period of service, if less than 96 months, | 11 |
| by the number of months of service in such period; provided | 12 |
| that for the purposes of a retirement annuity the average | 13 |
| rate of earnings for the last 12 months of the 96 months | 14 |
| shall not exceed the final average rate of earnings by more | 15 |
| than 25%. | 16 |
| In no event shall the monthly rate of earnings used to | 17 |
| determined final average rate of earnings exceed (i) the | 18 |
| Social Security Covered Wage Base for the given month of | 19 |
| service or (ii) $12,500, whichever is less; provided, | 20 |
| however, that the $12,500 maximum shall be adjusted | 21 |
| annually after the effective date of this amendatory Act of | 22 |
| the 96th General Assembly, by (1) 3% or (2) one-half of the | 23 |
| percentage increase, if any, in the Consumer Price Index | 24 |
| for All Urban Consumers, whichever is less. | 25 |
| (2) "Earnings" means a participant's base earnings and | 26 |
| does not include any overtime or bonuses. |
|
|
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| (b) The retirement life annuity shall be 2% of final | 2 |
| average rate of earnings for each year of service, but in no | 3 |
| event shall exceed 70% of final average rate of earnings. | 4 |
| (c) For a participant retiring after attaining age 62 with | 5 |
| less than 35 years of service credit, the retirement life | 6 |
| annuity shall be reduced by one-half of 1% for each month that | 7 |
| the participant's age is under the full (normal) retirement age | 8 |
| as provided in the federal Social Security Act. | 9 |
| (40 ILCS 5/15-320 new)
| 10 |
| Sec. 15-320. Alternative forms of annuities for later | 11 |
| entrants. | 12 |
| (a) A participant may choose any of the following types of | 13 |
| annuities in lieu of receiving the full annuity provided in | 14 |
| Section 15-315: | 15 |
| (1) Joint and 50% survivor annuity. Under this form of | 16 |
| payment, the participant receives a reduced monthly | 17 |
| payment for his or her lifetime with a payment equal to 50% | 18 |
| of the reduced amount payable to the participant paid to | 19 |
| the participant's designated beneficiary for the | 20 |
| beneficiary's lifetime if the beneficiary survives the | 21 |
| participant. | 22 |
| (2) Joint and 75% survivor annuity. Under this form of | 23 |
| payment, the participant receives a reduced monthly | 24 |
| payment for his or her lifetime with a payment equal to 75% | 25 |
| of the reduced amount payable to the participant paid to |
|
|
|
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| 1 |
| the participant's designated beneficiary for the | 2 |
| beneficiary's lifetime if the beneficiary survives the | 3 |
| participant. | 4 |
| (3) Joint and 100% survivor annuity. Under this form of | 5 |
| payment, the participant receives a reduced monthly | 6 |
| payment for his or her lifetime with a payment equal to | 7 |
| 100% of the reduced amount payable to the participant paid | 8 |
| to the participant's designated beneficiary for the | 9 |
| beneficiary's lifetime if the beneficiary survives the | 10 |
| participant. | 11 |
| (4) Single life annuity with 60, 120, or 180 months of | 12 |
| guaranteed payments. Under this option, the participant | 13 |
| receives a reduced monthly payment for his or her lifetime. | 14 |
| If the participant dies before receiving at least the | 15 |
| number of guaranteed monthly payments, then the | 16 |
| participant's beneficiary or estate receives the remaining | 17 |
| guaranteed number of monthly payments. | 18 |
| (b) In lieu of the annuities under Section 15-315 and | 19 |
| subsection (a) of this Section, a participant may choose the | 20 |
| portable benefit package under Section 15-136.4 or the | 21 |
| self-managed plan under Section 15-158.2. | 22 |
| (c) The Board must determine the participant's optional | 23 |
| form of annuity provided under this Section by taking into | 24 |
| account the appropriate actuarial assumptions, including | 25 |
| without limitation the participant's and beneficiary's age; | 26 |
| applicable mortality tables; and any other factors that the |
|
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| Board determines to be relevant. For this purpose, the | 2 |
| participant's joint and survivor annuity should result in no | 3 |
| significant increase to the System's unfunded actuarial | 4 |
| accrued liability determined as of the most recent actuarial | 5 |
| valuation compared to the System's actuarial liability if the | 6 |
| participant opted for a retirement life annuity under Section | 7 |
| 15-315, based on the same assumptions and methods used to | 8 |
| develop and report the System's actuarial accrued liability and | 9 |
| actuarial value of assets under Statement No. 25 of | 10 |
| Governmental Accounting Standards Board or any subsequent | 11 |
| applicable Statement. | 12 |
| (40 ILCS 5/15-325 new)
| 13 |
| Sec. 15-325. Automatic annual increases for later | 14 |
| entrants. Notwithstanding any other provision of this Article, | 15 |
| a person receiving a retirement or survivor annuity under | 16 |
| Section 15-315 or 15-320 shall, on the first anniversary of | 17 |
| retirement, but not before attaining age 67, and annually | 18 |
| thereafter, have his or her annuity increased by (1) 3% or (2) | 19 |
| one-half of the percentage increase, if any, in the Consumer | 20 |
| Price Index for All Urban Consumers measured from the July 1 | 21 |
| two years prior to the January 1 of the year during which the | 22 |
| increase is being granted to the June 30 preceding the year | 23 |
| during which the increase is being granted, whichever is less, | 24 |
| of the originally granted annuity. |
|
|
|
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| 1 |
| (40 ILCS 5/15-330 new)
| 2 |
| Sec. 15-330. Contributions by participants; later | 3 |
| entrants. | 4 |
| (a) Each employee shall contribute 7% of each payment of | 5 |
| salary received by him or her for service as an employee toward | 6 |
| the cost of his or her retirement annuity. | 7 |
| (b) Contributions shall be in the form of a deduction from | 8 |
| earnings and shall be made notwithstanding that the net | 9 |
| earnings paid to the employee shall be reduced thereby below | 10 |
| the minimum prescribed by law or regulation. Each participant | 11 |
| is deemed to consent and agree to the deductions from earnings | 12 |
| provided for in this Article. | 13 |
| (c) These contributions shall be picked up in the manner | 14 |
| provided in Section 15-157.1. | 15 |
| (d) In no event shall contributions be deducted from salary | 16 |
| in excess of (1) the Social Security Covered Wage Base for the | 17 |
| given calendar year or (2) $150,000, whichever is less. | 18 |
| (40 ILCS 5/15-335 new)
| 19 |
| Sec. 15-335. Refunds; later entrants. | 20 |
| (a) A participant who ceases to be an employee, other than | 21 |
| an annuitant, shall, upon written request made at least 120 | 22 |
| days following withdrawal as a member, receive a refund of his | 23 |
| or her total contributions, plus interest at (1) 3% or (2) | 24 |
| one-half of the percentage increase, if any, in the Consumer | 25 |
| Price Index for All Urban Consumers measured from the July 1 |
|
|
|
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|
| 1 |
| two years prior to the January 1 of the year during which the | 2 |
| interest is being credited to the June 30 preceding the year | 3 |
| during which the interest is being credited, whichever is less, | 4 |
| per year, not compounded, except that not more than one such | 5 |
| refund application may be made during any academic year. | 6 |
| (b) Upon re-entry into service as an employee and | 7 |
| completion of 2 years of creditable service, a former | 8 |
| participant may reestablish any creditable service forfeited | 9 |
| by acceptance of a refund by paying to the System the full | 10 |
| amount refunded, plus interest at the actuarially assumed rate, | 11 |
| not compounded, from the date of payment of the refund to the | 12 |
| date of repayment. | 13 |
| (c) Participants covered by the provisions of this Section | 14 |
| shall be deemed later entrants only if the date of their | 15 |
| initial participation was on or after January 1, 2010. | 16 |
| (40 ILCS 5/15-340 new)
| 17 |
| Sec. 15-340. Re-entry after retirement; later entrants. | 18 |
| (a) An annuitant who re-enters service as an employee shall | 19 |
| become a participant on the date of re-entry and retirement | 20 |
| annuity payments shall cease at that time. The employee shall | 21 |
| resume contributions to the system on the date of re-entry at | 22 |
| the rates then in effect and shall begin to accrue additional | 23 |
| service credit. | 24 |
| (b) Upon subsequent retirement, the employee shall be | 25 |
| entitled to a retirement annuity consisting of: (1) the amount |
|
|
|
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| 1 |
| of retirement annuity previously granted and terminated by | 2 |
| re-entry into service and (2) the amount of additional | 3 |
| retirement annuity earned during the additional service. | 4 |
| (c) In computing the retirement annuity under subsection | 5 |
| (b) of this Section, the time that the employee was on | 6 |
| retirement shall not interrupt the continuity of service for | 7 |
| the computation of final average rate of earnings and the | 8 |
| additional service shall be considered, together with service | 9 |
| rendered before the previous retirement, in establishing final | 10 |
| average rate of earnings. | 11 |
| (d) Participants covered by the provisions of this Section | 12 |
| shall be deemed later entrants only if the date of their | 13 |
| initial participation was on or after January 1, 2010. | 14 |
| (40 ILCS 5/16-300 new)
| 15 |
| Sec. 16-300. Provisions applicable to later entrants. | 16 |
| (a) The provisions of this Article following this Section | 17 |
| apply only to teachers who first become teachers on or after | 18 |
| January 1, 2010, who are referred to as "later entrants" or who | 19 |
| are otherwise considered "later entrants" in accordance with | 20 |
| the following Sections of this Article.. | 21 |
| (b) Except as provided in subsection (c) of this Section, | 22 |
| the Sections of this Article before this Section do not apply | 23 |
| to teachers who first become teachers on or after January 1, | 24 |
| 2010. | 25 |
| (c) The following Sections are also applicable to teachers |
|
|
|
09600HB2643sam001 |
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| 1 |
| who first become teachers on or after January 1, 2010: Sections | 2 |
| 16-101, 16-102, 16-103, 16-104, 16-105, 16-106, 16-106.1, | 3 |
| 16-106.2, 16-106.3, 16-107, 16-109, 16-110, 16-111.1, 16-113, | 4 |
| 16-114, 16-118, 16-121, 16-122, 16-122.1, 16-123, 16-130, | 5 |
| 16-142.3, 16-149, 16-149.1, 16-149.2, 16-149.3, 16-149.4, | 6 |
| 16-149.5, 16-149.6, 16-150.1, and 16-152.1 and Sections | 7 |
| 16-153.5 through 16-203. | 8 |
| (d) To the extent that the Sections enumerated in | 9 |
| subsection (c) of this Section conflict with the Sections | 10 |
| following this Section, the Sections following this Section | 11 |
| shall control. | 12 |
| (e) To the extent that the applicable Sections are included | 13 |
| under subsection (c) of this Section, later entrants are | 14 |
| entitled to disability benefits under this Article. | 15 |
| (40 ILCS 5/16-305 new)
| 16 |
| Sec. 16-305. Creditable service for later entrants. | 17 |
| (a) Creditable service under this Article is subject to the | 18 |
| following conditions: | 19 |
| (1) A member may only establish creditable service for | 20 |
| his or her service for employment as a teacher, as defined | 21 |
| in Section 16-106. Except as otherwise provided in this | 22 |
| Section, a member may not establish creditable service for | 23 |
| any other service. | 24 |
| (2) A member may not convert any unused sick leave or | 25 |
| vacation into creditable service under this Article. |
|
|
|
09600HB2643sam001 |
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LRB096 09343 AMC 27184 a |
|
| 1 |
| (b) A member may establish creditable service, without | 2 |
| making contributions, for periods of military service, | 3 |
| provided that the person received a discharge other than | 4 |
| dishonorable, was a member within 6 months prior to military | 5 |
| service, and returned to service as a member under this System | 6 |
| within one year after discharge. | 7 |
| A member may purchase up to 2 years of military service not | 8 |
| immediately following service as a member under this System, by | 9 |
| paying to the System (1) employee contributions based on the | 10 |
| member's salary upon the first date as a member after the | 11 |
| military service, plus (2) an amount determined by the board to | 12 |
| be equal to the employer's normal cost of the benefit, plus (3) | 13 |
| interest on items (1) and (2) at the actuarially assumed rate, | 14 |
| compounded annually, from the first date as a member after such | 15 |
| military service to the date of payment. | 16 |
| The total amount of creditable military service for any | 17 |
| member during his or her entire term of service shall not | 18 |
| exceed 5 years. | 19 |
| For the purposes of this subsection (b), "military service" | 20 |
| means periods a person spent in active service with the | 21 |
| military forces of the United States for which the person | 22 |
| received a discharge other than dishonorable. | 23 |
| (c) A member may establish service credit for up to 2 years | 24 |
| of periods spent on authorized leave of absence from service | 25 |
| due to pregnancy or adoption by paying to the System (1) | 26 |
| employee contributions based upon the member's salary upon |
|
|
|
09600HB2643sam001 |
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LRB096 09343 AMC 27184 a |
|
| 1 |
| becoming a member under this Article, (2) an amount determined | 2 |
| by the board to be equal to the employer's normal cost of the | 3 |
| benefit, and (3) interest on items (1) and (2) at the | 4 |
| actuarially assumed rate from the date of first membership in | 5 |
| the System to the date of payment. | 6 |
| (40 ILCS 5/16-310 new)
| 7 |
| Sec. 16-310. Retirement annuity; conditions for | 8 |
| eligibility; later entrants. A member may claim his or her | 9 |
| retirement annuity upon attainment of (1) the full (normal) | 10 |
| retirement age as provided in the federal Social Security Act | 11 |
| with at least 10 years of service credit or (2) age 62 with at | 12 |
| least 35 years of service credit. | 13 |
| A member may claim a reduced retirement annuity under | 14 |
| subsection (c) of Section 16-315 if he or she is at least 62 | 15 |
| years of age and has at least 10 years of service. | 16 |
| The annuity shall begin with the first full calendar month | 17 |
| following the date of withdrawal. | 18 |
| (40 ILCS 5/16-315 new)
| 19 |
| Sec. 16-315. Retirement life annuity; amount; employer | 20 |
| contribution; later entrants. | 21 |
| (a) With respect to later entrants: | 22 |
| (1) "Final average salary" means the monthly salary | 23 |
| obtained by dividing the total salary of a member during | 24 |
| the period of: (A) the 8 years of service within the last |
|
|
|
09600HB2643sam001 |
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LRB096 09343 AMC 27184 a |
|
| 1 |
| 10 years of service in which the total salary was the | 2 |
| highest or (B) the total period of service, if less than 8 | 3 |
| years, by the number of months of service in such period; | 4 |
| provided that for the purposes of a retirement annuity the | 5 |
| average salary for the last year of the 8 years shall not | 6 |
| exceed the final average salary by more than 25%. | 7 |
| In no event shall the monthly salary used to determine | 8 |
| final average salary exceed (i) the Social Security Covered | 9 |
| Wage Base for the given month of service or (ii) $12,500, | 10 |
| whichever is less; provided, however, that the $12,500 | 11 |
| maximum shall be adjusted annually after the effective date | 12 |
| of this amendatory Act of the 96th General Assembly, by (1) | 13 |
| 3% or (2) one-half of the percentage increase, if any, in | 14 |
| the Consumer Price Index for All Urban Consumers, whichever | 15 |
| is less. | 16 |
| (2) "Salary" means a member's base salary and does not | 17 |
| include any overtime or bonuses. | 18 |
| (b) The retirement life annuity shall be 2% of final | 19 |
| average salary for each year of service, but in no event shall | 20 |
| exceed 70% of final average salary. | 21 |
| (c) For a member retiring after attaining age 62 with less | 22 |
| than 35 years of service credit, the retirement life annuity | 23 |
| shall be reduced by one-half of 1% for each month that the | 24 |
| member's age is under the full (normal) retirement age as | 25 |
| provided in the federal Social Security Act. |
|
|
|
09600HB2643sam001 |
- 39 - |
LRB096 09343 AMC 27184 a |
|
| 1 |
| (40 ILCS 5/16-320 new)
| 2 |
| Sec. 16-320. Alternative forms of annuities for later | 3 |
| entrants. A member may choose any of the following types of | 4 |
| annuities in lieu of receiving the full annuity provided in | 5 |
| Section 16-315: | 6 |
| (1) Joint and 50% survivor annuity. Under this form of | 7 |
| payment, the member receives a reduced monthly payment for | 8 |
| his or her lifetime with a payment equal to 50% of the | 9 |
| reduced amount payable to the member paid to the member's | 10 |
| designated beneficiary for the beneficiary's lifetime if | 11 |
| the beneficiary survives the member. | 12 |
| (2) Joint and 75% survivor annuity. Under this form of | 13 |
| payment, the member receives a reduced monthly payment for | 14 |
| his or her lifetime with a payment equal to 75% of the | 15 |
| reduced amount payable to the member paid to the member's | 16 |
| designated beneficiary for the beneficiary's lifetime if | 17 |
| the beneficiary survives the member. | 18 |
| (3) Joint and 100% survivor annuity. Under this form of | 19 |
| payment, the member receives a reduced monthly payment for | 20 |
| his or her lifetime with a payment equal to 100% of the | 21 |
| reduced amount payable to the member paid to the member's | 22 |
| designated beneficiary for the beneficiary's lifetime if | 23 |
| the beneficiary survives the member. | 24 |
| (4) Single life annuity with 60, 120, or 180 months of | 25 |
| guaranteed payments. Under this option, the member | 26 |
| receives a reduced monthly payment for his or her lifetime. |
|
|
|
09600HB2643sam001 |
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LRB096 09343 AMC 27184 a |
|
| 1 |
| If the member dies before receiving at least the number of | 2 |
| guaranteed monthly payments, then the member's beneficiary | 3 |
| or estate receives the remaining guaranteed number of | 4 |
| monthly payments. | 5 |
| The Board must determine the participant's optional form of | 6 |
| annuity provided under this Section by taking into account the | 7 |
| appropriate actuarial assumptions, including without | 8 |
| limitation the participant's and beneficiary's age and | 9 |
| applicable mortality tables. For this purpose, the | 10 |
| participant's joint and survivor annuity should result in no | 11 |
| significant increase to the System's unfunded actuarial | 12 |
| accrued liability determined as of the most recent actuarial | 13 |
| valuation compared to the System's actuarial liability if the | 14 |
| participant opted for a retirement life annuity under Section | 15 |
| 16-315, based on the same assumptions and methods used to | 16 |
| develop and report the System's actuarial accrued liability and | 17 |
| actuarial value of assets under Statement No. 25 of | 18 |
| Governmental Accounting Standards Board or any subsequent | 19 |
| applicable Statement. | 20 |
| (40 ILCS 5/16-325 new)
| 21 |
| Sec. 16-325. Automatic annual increases for later | 22 |
| entrants. Notwithstanding any other provision of this Article, | 23 |
| a person receiving a retirement or survivor annuity under | 24 |
| Section 16-315 or 16-320 shall, on the first anniversary of | 25 |
| retirement, but not before attaining age 67, and annually |
|
|
|
09600HB2643sam001 |
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LRB096 09343 AMC 27184 a |
|
| 1 |
| thereafter, have his or her annuity increased by (1) 3% or (2) | 2 |
| one-half of the percentage increase, if any, in the Consumer | 3 |
| Price Index for All Urban Consumers measured from the July 1 | 4 |
| two years prior to the January 1 of the year during which the | 5 |
| increase is being granted to the June 30 preceding the year | 6 |
| during which the increase is being granted, whichever is less, | 7 |
| of the originally granted annuity. | 8 |
| (40 ILCS 5/16-330 new)
| 9 |
| Sec. 16-330. Contributions by teachers; later entrants. | 10 |
| (a) Each teacher shall contribute 7% of each payment of | 11 |
| salary received by him or her for service as a teacher toward | 12 |
| the cost of his or her retirement annuity. | 13 |
| (b) Contributions shall be in the form of a deduction from | 14 |
| salary and shall be made notwithstanding that the net salary | 15 |
| paid to the teacher shall be reduced thereby below the minimum | 16 |
| prescribed by law or regulation. Each member is deemed to | 17 |
| consent and agree to the deductions from salary provided for in | 18 |
| this Article. | 19 |
| (c) These contributions shall be picked up in the manner | 20 |
| provided in Section 16-152.1. | 21 |
| (d) In no event shall contributions be deducted from salary | 22 |
| in excess of (1) the Social Security Covered Wage Base for the | 23 |
| given calendar year or (2) $150,000, whichever is less. | 24 |
| (40 ILCS 5/16-335 new)
|
|
|
|
09600HB2643sam001 |
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LRB096 09343 AMC 27184 a |
|
| 1 |
| Sec. 16-335. Refunds; later entrants. | 2 |
| (a) A member who ceases to be a teacher, other than an | 3 |
| annuitant, shall, upon written request made at least 4 months | 4 |
| after ceasing to teach, receive a refund of his or her total | 5 |
| contributions, plus interest at (1) 3% or (2) one-half of the | 6 |
| percentage increase, if any, in the Consumer Price Index for | 7 |
| All Urban Consumers measured from the July 1 two years prior to | 8 |
| the January 1 of the year during which the interest is being | 9 |
| credited to the June 30 preceding the year during which the | 10 |
| interest is being credited, whichever is less, per year, not | 11 |
| compounded. | 12 |
| (b) Upon re-entry into service as a teacher and completion | 13 |
| of one year of creditable service, a former member may | 14 |
| reestablish any creditable service forfeited by acceptance of a | 15 |
| refund by paying to the System the full amount refunded, plus | 16 |
| interest at the actuarially assumed rate, not compounded, from | 17 |
| the date of payment of the refund to the date of repayment. | 18 |
| (c) Participants covered by the provisions of this Section | 19 |
| shall be deemed later entrants only if the date of their | 20 |
| initial participation was on or after January 1, 2010. | 21 |
| (40 ILCS 5/16-340 new)
| 22 |
| Sec. 16-340. Re-entry after retirement; later entrants. | 23 |
| (a) An annuitant who re-enters service as a teacher shall | 24 |
| become a member on the date of re-entry and retirement annuity | 25 |
| payments shall cease at that time. The teacher shall resume |
|
|
|
09600HB2643sam001 |
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LRB096 09343 AMC 27184 a |
|
| 1 |
| contributions to the system on the date of re-entry at the | 2 |
| rates then in effect and shall begin to accrue additional | 3 |
| service credit. | 4 |
| (b) Upon subsequent retirement, the teacher shall be | 5 |
| entitled to a retirement annuity consisting of: (1) the amount | 6 |
| of retirement annuity previously granted and terminated by | 7 |
| re-entry into service and (2) the amount of additional | 8 |
| retirement annuity earned during the additional service. | 9 |
| (c) In computing the retirement annuity under subsection | 10 |
| (b) of this Section, the time that the teacher was on | 11 |
| retirement shall not interrupt the continuity of service for | 12 |
| the computation of final average salary and the additional | 13 |
| service shall be considered, together with service rendered | 14 |
| before the previous retirement, in establishing final average | 15 |
| salary. | 16 |
| (d) Participants covered by the provisions of this Section | 17 |
| shall be deemed later entrants only if the date of their | 18 |
| initial participation was on or after January 1, 2010. | 19 |
| (40 ILCS 5/18-300 new)
| 20 |
| Sec. 18-300. Provisions applicable to later entrants. | 21 |
| (a) The provisions of this Article following this Section | 22 |
| apply only to judges who first become judges on or after | 23 |
| January 1, 2010, who are referred to as "later entrants" or who | 24 |
| are otherwise considered "later entrants" in accordance with | 25 |
| the following Sections of this Article. |
|
|
|
09600HB2643sam001 |
- 44 - |
LRB096 09343 AMC 27184 a |
|
| 1 |
| (b) Except as provided in subsection (c) of this Section, | 2 |
| the Sections of this Article before this Section do not apply | 3 |
| to judges who first become judges on or after January 1, 2010. | 4 |
| (c) The following Sections are also applicable to judges | 5 |
| who first become judges on or after January 1, 2010: Sections | 6 |
| 18-101, 18-102, 18-103, 18-104, 18-105, 18-106, 18-107, | 7 |
| 18-108, 18-109, 18-110, 18-111, 18-112, 18-112.5, 18-113, | 8 |
| 18-114, 18-115, 18-116, 18-118, 18-119, 18-120, 18-120.1, | 9 |
| 18-121, 18-126, 18-126.1, 18-127, 18-128.2, 18-128.3, 18-131, | 10 |
| and 18-132 and Sections 18-133.1 through 18-169. | 11 |
| (d) To the extent that the Sections enumerated in | 12 |
| subsection (c) of this Section conflict with the Sections | 13 |
| following this Section, the Sections following this Section | 14 |
| shall control. | 15 |
| (e) To the extent that the applicable Sections are included | 16 |
| under subsection (c) of this Section, later entrants are | 17 |
| entitled to disability benefits under this Article. | 18 |
| (40 ILCS 5/18-305 new)
| 19 |
| Sec. 18-305. Creditable service for later entrants. | 20 |
| (a) A participant may only establish creditable service for | 21 |
| his or her service for employment as a judge, as defined in | 22 |
| Section 18-108. Except as otherwise provided in this Section, a | 23 |
| participant may not establish creditable service for any other | 24 |
| service. | 25 |
| (b) A participant may establish creditable service, |
|
|
|
09600HB2643sam001 |
- 45 - |
LRB096 09343 AMC 27184 a |
|
| 1 |
| without making contributions, for periods of military service, | 2 |
| provided that the person received a discharge other than | 3 |
| dishonorable, was a participant within 6 months prior to | 4 |
| military service, and returned to service as a participant | 5 |
| under this System within one year after discharge. | 6 |
| A participant may purchase up to 2 years of military | 7 |
| service not immediately following service as a participant | 8 |
| under this System, by paying to the System (1) employee | 9 |
| contributions based on the participant's salary upon the first | 10 |
| date as a participant after the military service, plus (2) an | 11 |
| amount determined by the board to be equal to the employer's | 12 |
| normal cost of the benefit, plus (3) interest on items (1) and | 13 |
| (2) at the actuarially assumed rate, compounded annually, from | 14 |
| the first date as a participant after such military service to | 15 |
| the date of payment. | 16 |
| The total amount of creditable military service for any | 17 |
| participant during his or her entire term of service shall not | 18 |
| exceed 5 years. | 19 |
| For the purposes of this subsection (b), "military service" | 20 |
| means periods a person spent in active service with the | 21 |
| military forces of the United States for which the person | 22 |
| received a discharge other than dishonorable. | 23 |
| (c) A participant may establish service credit for up to 2 | 24 |
| years of periods spent on authorized leave of absence from | 25 |
| service due to pregnancy or adoption by paying to the System | 26 |
| (1) employee contributions based upon the participant's salary |
|
|
|
09600HB2643sam001 |
- 46 - |
LRB096 09343 AMC 27184 a |
|
| 1 |
| upon becoming a participant under this Article, (2) an amount | 2 |
| determined by the board to be equal to the employer's normal | 3 |
| cost of the benefit, and (3) interest on items (1) and (2) at | 4 |
| the actuarially assumed rate from the date of first | 5 |
| participation in the System to the date of payment. | 6 |
| (40 ILCS 5/18-310 new)
| 7 |
| Sec. 18-310. Retirement annuity; conditions for | 8 |
| eligibility; later entrants. A participant may claim his or her | 9 |
| retirement annuity upon attainment of (1) the full (normal) | 10 |
| retirement age as provided in the federal Social Security Act | 11 |
| with at least 10 years of service credit or (2) age 62 with at | 12 |
| least 35 years of service credit. | 13 |
| A participant may claim a reduced retirement annuity under | 14 |
| subsection (c) of Section 18-315 if he or she is at least 62 | 15 |
| years of age and has at least 10 years of service. | 16 |
| The annuity shall begin with the first full calendar month | 17 |
| following the date of withdrawal. | 18 |
| (40 ILCS 5/18-315 new)
| 19 |
| Sec. 18-315. Retirement life annuity; amount; employer | 20 |
| contribution; later entrants. | 21 |
| (a) With respect to later entrants: | 22 |
| (1) "Final average salary" means the monthly salary | 23 |
| obtained by dividing the total salary of a participant | 24 |
| during the period of: (A) the 96 consecutive months of |
|
|
|
09600HB2643sam001 |
- 47 - |
LRB096 09343 AMC 27184 a |
|
| 1 |
| service within the last 120 months of service in which the | 2 |
| total salary was the highest or (B) the total period of | 3 |
| service, if less than 96 months, by the number of months of | 4 |
| service in such period; provided that for the purposes of a | 5 |
| retirement annuity the average salary for the last 12 | 6 |
| months of the 96 months shall not exceed the final average | 7 |
| salary by more than 25%. | 8 |
| In no event shall the monthly salary used to determine | 9 |
| final average salary exceed (i) the Social Security Covered | 10 |
| Wage Base for the given month of service or (ii) $12,500, | 11 |
| whichever is less; provided, however, that the $12,500 | 12 |
| maximum shall be adjusted annually after the effective date | 13 |
| of this amendatory Act of the 96th General Assembly, by (1) | 14 |
| 3% or (2) one-half of the percentage increase, if any, in | 15 |
| the Consumer Price Index for All Urban Consumers, whichever | 16 |
| is less. | 17 |
| (2) "Salary" means a participant's base salary and does | 18 |
| not include any overtime or bonuses. | 19 |
| (b) The retirement life annuity shall be 2% of final | 20 |
| average salary for each year of service, but in no event shall | 21 |
| exceed 70% of final average salary. | 22 |
| (c) For a participant retiring after attaining age 62 with | 23 |
| less than 35 years of service credit, the retirement life | 24 |
| annuity shall be reduced by one-half of 1% for each month that | 25 |
| the participant's age is under the full (normal) retirement age | 26 |
| as provided in the federal Social Security Act. |
|
|
|
09600HB2643sam001 |
- 48 - |
LRB096 09343 AMC 27184 a |
|
| 1 |
| (40 ILCS 5/18-320 new)
| 2 |
| Sec. 18-320. Alternative forms of annuities for later | 3 |
| entrants. A participant may choose any of the following types | 4 |
| of annuities in lieu of receiving the full annuity provided in | 5 |
| Section 18-315: | 6 |
| (1) Joint and 50% survivor annuity. Under this form of | 7 |
| payment, the participant receives a reduced monthly | 8 |
| payment for his or her lifetime with a payment equal to 50% | 9 |
| of the reduced amount payable to the participant paid to | 10 |
| the participant's designated beneficiary for the | 11 |
| beneficiary's lifetime if the beneficiary survives the | 12 |
| participant. | 13 |
| (2) Joint and 75% survivor annuity. Under this form of | 14 |
| payment, the participant receives a reduced monthly | 15 |
| payment for his or her lifetime with a payment equal to 75% | 16 |
| of the reduced amount payable to the participant paid to | 17 |
| the participant's designated beneficiary for the | 18 |
| beneficiary's lifetime if the beneficiary survives the | 19 |
| participant. | 20 |
| (3) Joint and 100% survivor annuity. Under this form of | 21 |
| payment, the participant receives a reduced monthly | 22 |
| payment for his or her lifetime with a payment equal to | 23 |
| 100% of the reduced amount payable to the participant paid | 24 |
| to the participant's designated beneficiary for the | 25 |
| beneficiary's lifetime if the beneficiary survives the |
|
|
|
09600HB2643sam001 |
- 49 - |
LRB096 09343 AMC 27184 a |
|
| 1 |
| participant. | 2 |
| (4) Single life annuity with 60, 120, or 180 months of | 3 |
| guaranteed payments. Under this option, the participant | 4 |
| receives a reduced monthly payment for his or her lifetime. | 5 |
| If the participant dies before receiving at least the | 6 |
| number of guaranteed monthly payments, then the | 7 |
| participant's beneficiary or estate receives the remaining | 8 |
| guaranteed number of monthly payments. | 9 |
| The Board must determine the participant's optional form of | 10 |
| annuity provided under this Section by taking into account the | 11 |
| appropriate actuarial assumptions, including without | 12 |
| limitation the participant's and beneficiary's age; applicable | 13 |
| mortality tables; and any other factors that the Board | 14 |
| determines to be relevant. For this purpose, the participant's | 15 |
| joint and survivor annuity should result in no significant | 16 |
| increase to the System's unfunded actuarial accrued liability | 17 |
| determined as of the most recent actuarial valuation compared | 18 |
| to the System's actuarial liability if the participant opted | 19 |
| for a retirement life annuity under Section 18-315, based on | 20 |
| the same assumptions and methods used to develop and report the | 21 |
| System's actuarial accrued liability and actuarial value of | 22 |
| assets under Statement No. 25 of Governmental Accounting | 23 |
| Standards Board or any subsequent applicable Statement. | 24 |
| (40 ILCS 5/18-325 new)
| 25 |
| Sec. 18-325. Automatic annual increases for later |
|
|
|
09600HB2643sam001 |
- 50 - |
LRB096 09343 AMC 27184 a |
|
| 1 |
| entrants. Notwithstanding any other provision of this Article, | 2 |
| a person receiving a retirement or survivor annuity under | 3 |
| Section 18-315 or 18-320 shall, on the first anniversary of | 4 |
| retirement, but not before attaining age 67, and annually | 5 |
| thereafter, have his or her annuity increased by (1) 3% or (2) | 6 |
| one-half of the percentage increase, if any, in the Consumer | 7 |
| Price Index for All Urban Consumers measured from the July 1 | 8 |
| two years prior to the January 1 of the year during which the | 9 |
| increase is being granted to the June 30 preceding the year | 10 |
| during which the increase is being granted, whichever is less, | 11 |
| of the originally granted annuity. | 12 |
| (40 ILCS 5/18-330 new)
| 13 |
| Sec. 18-330. Contributions by judges; later entrants. | 14 |
| (a) Each judge shall contribute 7% of each payment of | 15 |
| salary received by him or her for service as a judge toward the | 16 |
| cost of his or her retirement annuity. | 17 |
| (b) Contributions shall be in the form of a deduction from | 18 |
| salary and shall be made notwithstanding that the net salary | 19 |
| paid to the judge shall be reduced thereby below the minimum | 20 |
| prescribed by law or regulation. Each participant is deemed to | 21 |
| consent and agree to the deductions from salary provided for in | 22 |
| this Article. | 23 |
| (c) These contributions shall be picked up in the manner | 24 |
| provided in Section 18-133.1. | 25 |
| (d) In no event shall contributions be deducted from salary |
|
|
|
09600HB2643sam001 |
- 51 - |
LRB096 09343 AMC 27184 a |
|
| 1 |
| in excess of (1) the Social Security Covered Wage Base for the | 2 |
| given calendar year or (2) $150,000, whichever is less. | 3 |
| (40 ILCS 5/18-335 new)
| 4 |
| Sec. 18-335. Refunds; later entrants. | 5 |
| (a) A participant who ceases to be a judge, other than an | 6 |
| annuitant, shall, upon written request, receive a refund of his | 7 |
| or her total contributions, plus interest at (1) 3% or (2) | 8 |
| one-half of the percentage increase, if any, in the Consumer | 9 |
| Price Index for All Urban Consumers measured from the July 1 | 10 |
| two years prior to the January 1 of the year during which the | 11 |
| interest is being credited to the June 30 preceding the year | 12 |
| during which the interest is being credited, whichever is less, | 13 |
| per year, not compounded. | 14 |
| (b) Upon re-entry into service as a judge, a former | 15 |
| participant may reestablish any creditable service forfeited | 16 |
| by acceptance of a refund by paying to the System the full | 17 |
| amount refunded, plus interest at the actuarially assumed rate, | 18 |
| not compounded, from the date of payment of the refund to the | 19 |
| date of repayment. | 20 |
| (c) Participants covered by the provisions of this Section | 21 |
| shall be deemed later entrants only if the date of their | 22 |
| initial participation was on or after January 1, 2010. | 23 |
| (40 ILCS 5/18-340 new)
| 24 |
| Sec. 18-340. Re-entry after retirement; later entrants. |
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| (a) An annuitant who re-enters service as a judge shall | 2 |
| become a participant on the date of re-entry and retirement | 3 |
| annuity payments shall cease at that time. The judge shall | 4 |
| resume contributions to the system on the date of re-entry at | 5 |
| the rates then in effect and shall begin to accrue additional | 6 |
| service credit. | 7 |
| (b) Upon subsequent retirement, the judge shall be entitled | 8 |
| to a retirement annuity consisting of: (1) the amount of | 9 |
| retirement annuity previously granted and terminated by | 10 |
| re-entry into service and (2) the amount of additional | 11 |
| retirement annuity earned during the additional service. | 12 |
| (c) In computing the retirement annuity under subsection | 13 |
| (b) of this Section, the time that the judge was on retirement | 14 |
| shall not interrupt the continuity of service for the | 15 |
| computation of final average salary and the additional service | 16 |
| shall be considered, together with service rendered before the | 17 |
| previous retirement, in establishing final average salary. | 18 |
| (d) Participants covered by the provisions of this Section | 19 |
| shall be deemed later entrants only if the date of their | 20 |
| initial participation was on or after January 1, 2010. | 21 |
| Section 15. The Illinois Educational Labor Relations Act is | 22 |
| amended by changing Section 17 and by adding Section 22 as | 23 |
| follows:
| 24 |
| (115 ILCS 5/17) (from Ch. 48, par. 1717)
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| Sec. 17. Effect on other laws. Except as provided in this | 2 |
| Section, in In case of any conflict between the
provisions of | 3 |
| this Act and any other law, executive order or administrative
| 4 |
| regulation, the provisions of this Act shall prevail and | 5 |
| control. | 6 |
| However, the changes made to the Illinois Pension Code by | 7 |
| this amendatory Act of the 96th General Assembly shall prevail | 8 |
| and control over any conflicting provision in this Act and any | 9 |
| collective bargaining agreement negotiated pursuant thereto, | 10 |
| and any other law, executive order, or administrative | 11 |
| regulation. Any disputes that are brought on behalf of any | 12 |
| employer or employee or exclusive bargaining representative | 13 |
| subject to this Act arising from the changes made to the | 14 |
| Illinois Pension Code by this amendatory Act of the 96th | 15 |
| General Assembly shall be subject to the exclusive jurisdiction | 16 |
| of the Illinois Educational Labor Relations Board, and the | 17 |
| Circuit Courts shall have no jurisdiction, except to hear | 18 |
| disputes arising directly under the Constitution of the United | 19 |
| States of America or the Illinois Constitution.
| 20 |
| Nothing in this Act shall be construed to replace or | 21 |
| diminish the rights
of employees established by Section 36d of | 22 |
| "An Act to create the State Universities
Civil Service System", | 23 |
| approved May 11, 1905, as amended or modified.
| 24 |
| (Source: P.A. 83-1014.)
| 25 |
| (115 ILCS 5/22 new)
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| Sec. 22. Illinois Pension Code. Notwithstanding the | 2 |
| existence of any other provision in this Act or any other law, | 3 |
| collective bargaining between any employer whose employees are | 4 |
| affected by the changes made to the Illinois Pension Code by | 5 |
| this amendatory Act of the 96th General Assembly and the | 6 |
| exclusive bargaining representative of such employees may | 7 |
| include decisions concerning the changes made to the Illinois | 8 |
| Pension Code by this amendatory Act of the 96th General | 9 |
| Assembly, including, but not limited to, changes and benefits | 10 |
| of retirement systems covered by the Illinois Pension Code. | 11 |
| These subjects are permissive subjects of bargaining between an | 12 |
| employer and an exclusive representative of its employees and, | 13 |
| for the purpose of this Act, are within the sole discretion of | 14 |
| the employer to decide to bargain, provided that the employer | 15 |
| is required to bargain over the impact of a decision concerning | 16 |
| such subject on the bargaining unit upon request by the | 17 |
| exclusive representative. During this bargaining, the employer | 18 |
| shall not be precluded from implementing its decision. If, | 19 |
| after a reasonable period of bargaining, a dispute or impasse | 20 |
| exists between the employer and the exclusive representative, | 21 |
| then the dispute or impasse shall be resolved exclusively as | 22 |
| set forth in this Act.
| 23 |
| Section 97. Severability. The provisions of this Act are | 24 |
| severable under Section 1.31 of the Statute on Statutes. |
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
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