Full Text of SB1831 97th General Assembly
SB1831enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Open Meetings Act is amended by adding | 5 | | Section 7.3 as follows: | 6 | | (5 ILCS 120/7.3 new) | 7 | | Sec. 7.3. Duty to post information pertaining to benefits | 8 | | offered through the Illinois Municipal Retirement Fund. | 9 | | (a) Within 6 business days after an employer participating | 10 | | in the Illinois Municipal Retirement Fund approves a budget, | 11 | | that employer must post on its website the total compensation | 12 | | package for each employee having a total compensation package | 13 | | that exceeds $75,000 per year. If the employer does not | 14 | | maintain a website, the employer must post a physical copy of | 15 | | this information at the principal office of the employer. If an | 16 | | employer maintains a website, it may choose to post a physical | 17 | | copy of this information at the principal office of the | 18 | | employer in lieu of posting the information directly on the | 19 | | website; however, the employer must post directions on the | 20 | | website on how to access that information. | 21 | | (b) At least 6 days before an employer participating in the | 22 | | Illinois Municipal Retirement Fund approves an employee's | 23 | | total compensation package that is equal to or in excess of |
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| 1 | | $150,000 per year, the employer must post on its website the | 2 | | total compensation package for that employee. If the employer | 3 | | does not maintain a website, the employer shall post a physical | 4 | | copy of this information at the principal office of the | 5 | | employer. If an employer maintains a website, it may choose to | 6 | | post a physical copy of this information at the principal | 7 | | office of the employer in lieu of posting the information | 8 | | directly on the website; however, the employer must post | 9 | | directions on the website on how to access that information. | 10 | | (c) For the purposes of this Section, "total compensation | 11 | | package" means payment by the employer to the employee for | 12 | | salary, health insurance, a housing allowance, a vehicle | 13 | | allowance, a clothing allowance, bonuses, loans, vacation days | 14 | | granted, and sick days granted. | 15 | | Section 10. The Illinois Pension Code is amended by | 16 | | changing Sections 1-160, 7-109, 7-116, 7-135, 7-137, 7-141, | 17 | | 7-141.1, 7-142.1, 7-144, 7-145.1, 7-172, 7-205, 14-103.05, | 18 | | 22-101, and 22-103 and by adding Section 7-225 as follows: | 19 | | (40 ILCS 5/1-160) | 20 | | Sec. 1-160. Provisions applicable to new hires. | 21 | | (a) The provisions of this Section apply to a person who, | 22 | | on or after January 1, 2011, first becomes a member or a | 23 | | participant under any reciprocal retirement system or pension | 24 | | fund established under this Code, other than a retirement |
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| 1 | | system or pension fund established under Article 2, 3, 4, 5, 6, | 2 | | or 18 of this Code, notwithstanding any other provision of this | 3 | | Code to the contrary, but do not apply to any self-managed plan | 4 | | established under this Code, to any person with respect to | 5 | | service as a sheriff's law enforcement employee under Article | 6 | | 7, or to any participant of the retirement plan established | 7 | | under Section 22-101. | 8 | | (b) "Final average salary" means the average monthly (or | 9 | | annual) salary obtained by dividing the total salary or | 10 | | earnings calculated under the Article applicable to the member | 11 | | or participant during the 96 consecutive months (or 8 | 12 | | consecutive years) of service within the last 120 months (or 10 | 13 | | years) of service in which the total salary or earnings | 14 | | calculated under the applicable Article was the highest by the | 15 | | number of months (or years) of service in that period. For the | 16 | | purposes of a person who first becomes a member or participant | 17 | | of any retirement system or pension fund to which this Section | 18 | | applies on or after January 1, 2011, in this Code, "final | 19 | | average salary" shall be substituted for the following: | 20 | | (1) In Articles 7 (except for service as sheriff's law | 21 | | enforcement employees) and 15, "final rate of earnings". | 22 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 23 | | annual salary for any 4 consecutive years within the last | 24 | | 10 years of service immediately preceding the date of | 25 | | withdrawal". | 26 | | (3) In Article 13, "average final salary". |
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| 1 | | (4) In Article 14, "final average compensation". | 2 | | (5) In Article 17, "average salary". | 3 | | (6) In Section 22-207, "wages or salary received by him | 4 | | at the date of retirement or discharge". | 5 | | (b-5) Beginning on January 1, 2011, for all purposes under | 6 | | this Code (including without limitation the calculation of | 7 | | benefits and employee contributions), the annual earnings, | 8 | | salary, or wages (based on the plan year) of a member or | 9 | | participant to whom this Section applies shall not exceed | 10 | | $106,800; however, that amount shall annually thereafter be | 11 | | increased by the lesser of (i) 3% of that amount, including all | 12 | | previous adjustments, or (ii) one-half the annual unadjusted | 13 | | percentage increase (but not less than zero) in the consumer | 14 | | price index-u
for the 12 months ending with the September | 15 | | preceding each November 1, including all previous adjustments. | 16 | | For the purposes of this Section, "consumer price index-u" | 17 | | means
the index published by the Bureau of Labor Statistics of | 18 | | the United States
Department of Labor that measures the average | 19 | | change in prices of goods and
services purchased by all urban | 20 | | consumers, United States city average, all
items, 1982-84 = | 21 | | 100. The new amount resulting from each annual adjustment
shall | 22 | | be determined by the Public Pension Division of the Department | 23 | | of Insurance and made available to the boards of the retirement | 24 | | systems and pension funds by November 1 of each year. | 25 | | (c) A member or participant is entitled to a retirement
| 26 | | annuity upon written application if he or she has attained age |
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| 1 | | 67 and has at least 10 years of service credit and is otherwise | 2 | | eligible under the requirements of the applicable Article. | 3 | | A member or participant who has attained age 62 and has at | 4 | | least 10 years of service credit and is otherwise eligible | 5 | | under the requirements of the applicable Article may elect to | 6 | | receive the lower retirement annuity provided
in subsection (d) | 7 | | of this Section. | 8 | | (d) The retirement annuity of a member or participant who | 9 | | is retiring after attaining age 62 with at least 10 years of | 10 | | service credit shall be reduced by one-half
of 1% for each full | 11 | | month that the member's age is under age 67. | 12 | | (e) Any retirement annuity or supplemental annuity shall be | 13 | | subject to annual increases on the January 1 occurring either | 14 | | on or after the attainment of age 67 or the first anniversary | 15 | | of the annuity start date, whichever is later. Each annual | 16 | | increase shall be calculated at 3% or one-half the annual | 17 | | unadjusted percentage increase (but not less than zero) in the | 18 | | consumer price index-u for the 12 months ending with the | 19 | | September preceding each November 1, whichever is less, of the | 20 | | originally granted retirement annuity. If the annual | 21 | | unadjusted percentage change in the consumer price index-u for | 22 | | the 12 months ending with the September preceding each November | 23 | | 1 is zero or there is a decrease, then the annuity shall not be | 24 | | increased. | 25 | | (f) The initial survivor's or widow's annuity of an | 26 | | otherwise eligible survivor or widow of a retired member or |
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| 1 | | participant who first became a member or participant on or | 2 | | after January 1, 2011 shall be in the amount of 66 2/3% of the | 3 | | retired member's or participant's retirement annuity at the | 4 | | date of death. In the case of the death of a member or | 5 | | participant who has not retired and who first became a member | 6 | | or participant on or after January 1, 2011, eligibility for a | 7 | | survivor's or widow's annuity shall be determined by the | 8 | | applicable Article of this Code. The initial benefit shall be | 9 | | 66 2/3% of the earned annuity without a reduction due to age. A | 10 | | child's annuity of an otherwise eligible child shall be in the | 11 | | amount prescribed under each Article if applicable. Any | 12 | | survivor's or widow's annuity shall be increased (1) on each | 13 | | January 1 occurring on or after the commencement of the annuity | 14 | | if
the deceased member died while receiving a retirement | 15 | | annuity or (2) in
other cases, on each January 1 occurring | 16 | | after the first anniversary
of the commencement of the annuity. | 17 | | Each annual increase shall be calculated at 3% or one-half the | 18 | | annual unadjusted percentage increase (but not less than zero) | 19 | | in the consumer price index-u for the 12 months ending with the | 20 | | September preceding each November 1, whichever is less, of the | 21 | | originally granted survivor's annuity. If the annual | 22 | | unadjusted percentage change in the consumer price index-u for | 23 | | the 12 months ending with the September preceding each November | 24 | | 1 is zero or there is a decrease, then the annuity shall not be | 25 | | increased. | 26 | | (g) The benefits in Section 14-110 apply only if the person |
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| 1 | | is a State policeman, a fire fighter in the fire protection | 2 | | service of a department, or a security employee of the | 3 | | Department of Corrections or the Department of Juvenile | 4 | | Justice, as those terms are defined in subsection (b) of | 5 | | Section 14-110. A person who meets the requirements of this | 6 | | Section is entitled to an annuity calculated under the | 7 | | provisions of Section 14-110, in lieu of the regular or minimum | 8 | | retirement annuity, only if the person has withdrawn from | 9 | | service with not less than 20
years of eligible creditable | 10 | | service and has attained age 60, regardless of whether
the | 11 | | attainment of age 60 occurs while the person is
still in | 12 | | service. | 13 | | (h) If a person who first becomes a member or a participant | 14 | | of a retirement system or pension fund subject to this Section | 15 | | on or after January 1, 2011 is receiving a retirement annuity | 16 | | or retirement pension under that system or fund and becomes a | 17 | | member or participant under any other system or fund created by | 18 | | this Code and is employed on a full-time basis, except for | 19 | | those members or participants exempted from the provisions of | 20 | | this Section under subsection (a) of this Section, then the | 21 | | person's retirement annuity or retirement pension under that | 22 | | system or fund shall be suspended during that employment. Upon | 23 | | termination of that employment, the person's retirement | 24 | | annuity or retirement pension payments shall resume and be | 25 | | recalculated if recalculation is provided for under the | 26 | | applicable Article of this Code. |
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| 1 | | If a person who first becomes a member of a retirement | 2 | | system or pension fund subject to this Section on or after | 3 | | January 1, 2012 and is receiving a retirement annuity or | 4 | | retirement pension under that system or fund and accepts on a | 5 | | contractual basis a position to provide services to a | 6 | | governmental entity from which he or she has retired, then that | 7 | | person's annuity or retirement pension earned as an active | 8 | | employee of the employer shall be suspended during that | 9 | | contractual service. A person receiving an annuity or | 10 | | retirement pension under this Code shall notify the pension | 11 | | fund or retirement system from which he or she is receiving an | 12 | | annuity or retirement pension, as well as his or her | 13 | | contractual employer, of his or her retirement status before | 14 | | accepting contractual employment. A person who fails to submit | 15 | | such notification shall be guilty of a Class A misdemeanor and | 16 | | required to pay a fine of $1,000. Upon termination of that | 17 | | contractual employment, the person's retirement annuity or | 18 | | retirement pension payments shall resume and, if appropriate, | 19 | | be recalculated under the applicable provisions of this Code. | 20 | | (i) Notwithstanding any other provision of this Section, a | 21 | | person who first becomes a participant of the retirement system | 22 | | established under Article 15 on or after January 1, 2011 shall | 23 | | have the option to enroll in the self-managed plan created | 24 | | under Section 15-158.2 of this Code. | 25 | | (j) In the case of a conflict between the provisions of | 26 | | this Section and any other provision of this Code, the |
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| 1 | | provisions of this Section shall control.
| 2 | | (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
| 3 | | (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
| 4 | | Sec. 7-109. Employee.
| 5 | | (1) "Employee" means any person who:
| 6 | | (a) 1. Receives earnings as payment for the performance | 7 | | of personal
services or official duties out of the | 8 | | general fund of a municipality,
or out of any special | 9 | | fund or funds controlled by a municipality, or by
an | 10 | | instrumentality thereof, or a participating | 11 | | instrumentality, including,
in counties, the fees or | 12 | | earnings of any county fee office; and
| 13 | | 2. Under the usual common law rules applicable in | 14 | | determining the
employer-employee relationship, has | 15 | | the status of an employee with a
municipality, or any | 16 | | instrumentality thereof, or a participating
| 17 | | instrumentality, including aldermen, county | 18 | | supervisors and other
persons (excepting those | 19 | | employed as independent contractors) who are
paid | 20 | | compensation, fees, allowances or other emolument for | 21 | | official
duties, and, in counties, the several county | 22 | | fee offices.
| 23 | | (b) Serves as a township treasurer appointed under the | 24 | | School
Code, as heretofore or hereafter amended, and
who | 25 | | receives for such services regular compensation as |
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| 1 | | distinguished
from per diem compensation, and any regular | 2 | | employee in the office of
any township treasurer whether or | 3 | | not his earnings are paid from the
income of the permanent | 4 | | township fund or from funds subject to
distribution to the | 5 | | several school districts and parts of school
districts as | 6 | | provided in the School Code, or from both such sources.
| 7 | | (c) Holds an elective office in a municipality, | 8 | | instrumentality
thereof or participating instrumentality.
| 9 | | (2) "Employee" does not include persons who:
| 10 | | (a) Are eligible for inclusion under any of the | 11 | | following laws:
| 12 | | 1. "An Act in relation to an Illinois State | 13 | | Teachers' Pension and
Retirement Fund", approved May | 14 | | 27, 1915, as amended;
| 15 | | 2. Articles 15 and 16 of this Code.
| 16 | | However, such persons shall be included as employees to | 17 | | the extent of
earnings that are not eligible for inclusion | 18 | | under the foregoing laws
for services not of an | 19 | | instructional nature of any kind.
| 20 | | However, any member of the armed forces who is employed | 21 | | as a teacher
of subjects in the Reserve Officers Training | 22 | | Corps of any school and who
is not certified under the law | 23 | | governing the certification of teachers
shall be included | 24 | | as an employee.
| 25 | | (b) Are designated by the governing body of a | 26 | | municipality in which a
pension fund is required by law to |
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| 1 | | be established for policemen or
firemen, respectively, as | 2 | | performing police or fire protection duties,
except that | 3 | | when such persons are the heads of the police or fire
| 4 | | department and are not eligible to be included within any | 5 | | such pension
fund, they shall be included within this | 6 | | Article; provided, that such
persons shall not be excluded | 7 | | to the extent of concurrent service and
earnings not | 8 | | designated as being for police or fire protection duties.
| 9 | | However, (i) any head of a police department who was a | 10 | | participant under this
Article immediately before October | 11 | | 1, 1977 and did not elect, under Section
3-109 of this Act, | 12 | | to participate in a police pension fund shall be an
| 13 | | "employee", and (ii) any chief of police who elects to | 14 | | participate in this
Fund under Section 3-109.1 of this | 15 | | Code, regardless of whether such person
continues to be | 16 | | employed as chief of police or is employed in some other
| 17 | | rank or capacity within the police department, shall be an | 18 | | employee under
this Article for so long as such person is | 19 | | employed to perform police
duties by a participating | 20 | | municipality and has not lawfully rescinded that
election. | 21 | | (c) After the effective date of this amendatory Act of | 22 | | the 97th General Assembly, are contributors to or eligible | 23 | | to contribute to a Taft-Hartley pension plan established on | 24 | | or before June 1, 2011 and are employees of a theatre, | 25 | | arena, or convention center that is located in a | 26 | | municipality located in a county with a population greater |
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| 1 | | than 5,000,000, and to which the participating | 2 | | municipality is required to contribute as the person's | 3 | | employer based on earnings from the municipality. Nothing | 4 | | in this paragraph shall affect service credit or creditable | 5 | | service for any period of service prior to the effective | 6 | | date of this amendatory Act of the 97th General Assembly, | 7 | | and this paragraph shall not apply to individuals who are | 8 | | participating in the Fund prior to the effective date of | 9 | | this amendatory Act of the 97th General Assembly.
| 10 | | (3) All persons, including, without limitation, public | 11 | | defenders and
probation officers, who receive earnings from | 12 | | general or special funds
of a county for performance of | 13 | | personal services or official duties
within the territorial | 14 | | limits of the county, are employees of the county
(unless | 15 | | excluded by subsection (2) of this Section) notwithstanding | 16 | | that
they may be appointed by and are subject to the direction | 17 | | of a person or
persons other than a county board or a county | 18 | | officer. It is hereby
established that an employer-employee | 19 | | relationship under the usual
common law rules exists between | 20 | | such employees and the county paying
their salaries by reason | 21 | | of the fact that the county boards fix their
rates of | 22 | | compensation, appropriate funds for payment of their earnings
| 23 | | and otherwise exercise control over them. This finding and this
| 24 | | amendatory Act shall apply to all such employees from the date | 25 | | of
appointment whether such date is prior to or after the | 26 | | effective date of
this amendatory Act and is intended to |
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| 1 | | clarify existing law pertaining
to their status as | 2 | | participating employees in the Fund.
| 3 | | (Source: P.A. 90-460, eff. 8-17-97.)
| 4 | | (40 ILCS 5/7-116) (from Ch. 108 1/2, par. 7-116)
| 5 | | Sec. 7-116. "Final rate of earnings":
| 6 | | (a) For retirement and survivor annuities, the monthly | 7 | | earnings obtained
by dividing the total earnings received by | 8 | | the employee during the period of
either (1) the 48 consecutive | 9 | | months of service within the last 120 months of
service in | 10 | | which his total earnings were the highest or (2) the
employee's | 11 | | total period of service, by the number of months
of service in | 12 | | such period.
| 13 | | (b) For death benefits, the higher of the rate determined | 14 | | under
paragraph (a) of this Section or total earnings received | 15 | | in the last 12 months
of service divided by twelve. If the | 16 | | deceased employee has less than 12 months
of service, the | 17 | | monthly final rate shall be the monthly rate of pay the
| 18 | | employee was receiving when he began service.
| 19 | | (c) For disability benefits, the total earnings of a | 20 | | participating
employee in the last 12 calendar months of | 21 | | service prior to the date he
becomes disabled divided by 12.
| 22 | | (d) In computing the final rate of earnings: (1) the | 23 | | earnings rate for
all periods of prior service shall be | 24 | | considered equal to the average
earnings rate for the last 3 | 25 | | calendar years of prior service for
which creditable service is |
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| 1 | | received under Section 7-139 or, if there is less than 3 years | 2 | | of
creditable prior service, the average for the total prior | 3 | | service period
for which creditable service is received under | 4 | | Section 7-139; (2) for out
of state service and authorized
| 5 | | leave, the earnings rate shall be the rate upon which service | 6 | | credits are
granted; (3) periods of military leave shall not be | 7 | | considered; (4) the
earnings rate for all periods of disability | 8 | | shall be considered equal to
the rate of earnings upon which | 9 | | the employee's disability benefits are
computed for such | 10 | | periods; (5) the earnings to be considered for each of
the | 11 | | final three months of the final earnings period for persons who | 12 | | first became participants before January 1, 2012 and the | 13 | | earnings to be considered for each of the final 24 months for | 14 | | participants who first become participants on or after January | 15 | | 1, 2012 shall not exceed 125%
of the highest earnings of any | 16 | | other month in the final earnings period;
and (6) the annual | 17 | | amount of final rate of earnings shall be the monthly
amount | 18 | | multiplied by the number of months of service normally required | 19 | | by
the position in a year.
| 20 | | (Source: P.A. 90-448, eff. 8-16-97.)
| 21 | | (40 ILCS 5/7-135) (from Ch. 108 1/2, par. 7-135)
| 22 | | Sec. 7-135. Authorized agents.
| 23 | | (a) Each participating municipality and participating
| 24 | | instrumentality shall appoint an authorized agent who shall | 25 | | have the
powers and duties set forth in this section. In |
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| 1 | | absence of such
appointment, the duties of the authorized agent | 2 | | shall devolve upon the
clerk or secretary of the municipality | 3 | | or instrumentality and in the
case of township school trustees | 4 | | upon the township school treasurer. In
townships the Authorized | 5 | | Agent shall be the township supervisor.
| 6 | | (b) The authorized agent shall have the following powers | 7 | | and duties:
| 8 | | 1. To certify to the fund whether or not a given person | 9 | | is
authorized to participate in the fund;
| 10 | | 2. To certify to the fund when a participating employee | 11 | | is on a
leave of absence authorized by the municipality;
| 12 | | 3. To request the proper officer to cause employee | 13 | | contributions to
be withheld from earnings and transmitted | 14 | | to the fund;
| 15 | | 4. To request the proper officer to cause municipality | 16 | | contributions
to be forwarded to the fund promptly;
| 17 | | 5. To forward promptly to all participating employees | 18 | | any
communications from the fund for such employees;
| 19 | | 6. To forward promptly to the fund all applications, | 20 | | claims, reports
and other communications delivered to him | 21 | | by participating employees;
| 22 | | 7. To perform all duties related to the administration | 23 | | of this
retirement system as requested by the fund and the | 24 | | governing body of his
municipality.
| 25 | | (c) The governing body of each participating municipality | 26 | | and
participating instrumentality may delegate any or all of |
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| 1 | | the following
powers and duties to its authorized agent , but | 2 | | only if the agent is a
member of the fund :
| 3 | | 1. To file a petition for nomination of an executive | 4 | | trustee of the
fund.
| 5 | | 2. To cast the ballot for election of an executive | 6 | | trustee of the
fund.
| 7 | | If a governing body does not authorize its agent to perform | 8 | | the
powers and duties set forth in this paragraph (c), they | 9 | | shall be
performed by the governing body itself, unless the | 10 | | governing body by
resolution duly certified to the fund | 11 | | delegates them to some other
officer or employee.
| 12 | | (d) The delivery of any communication or document by an | 13 | | employee or
a participating municipality or participating | 14 | | instrumentality to its
authorized agent shall not constitute | 15 | | delivery to the fund.
| 16 | | (Source: P.A. 87-740.)
| 17 | | (40 ILCS 5/7-137) (from Ch. 108 1/2, par. 7-137)
| 18 | | Sec. 7-137. Participating and covered employees.
| 19 | | (a) The persons described in this paragraph (a) shall be | 20 | | included within
and be subject to this Article and eligible to | 21 | | benefits from this fund,
beginning upon the dates hereinafter | 22 | | specified:
| 23 | | 1. Except as to the employees specifically excluded | 24 | | under the
provisions of this Article, all persons who are | 25 | | employees of any
municipality (or instrumentality thereof) |
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| 1 | | or participating
instrumentality on the effective date of | 2 | | participation of the
municipality or participating | 3 | | instrumentality beginning upon such
effective date.
| 4 | | 2. Except as to the employees specifically excluded | 5 | | under the
provisions of this Article, all persons, who | 6 | | became employees of any
participating municipality (or | 7 | | instrumentality thereof) or participating
instrumentality | 8 | | after the effective date of participation of such
| 9 | | municipality or participating instrumentality, beginning | 10 | | upon the date
such person becomes an employee.
| 11 | | 3. All persons who file notice with the board as | 12 | | provided in
paragraph (b) 2 and 3 of this Section, | 13 | | beginning upon the date of filing
such notice.
| 14 | | (b) The following described persons shall not be considered
| 15 | | participating employees eligible for benefits from this fund, | 16 | | but shall
be included within and be subject to this Article | 17 | | (each of the
descriptions is not exclusive but is cumulative):
| 18 | | 1. Any person who occupies an office or is employed in | 19 | | a position
normally requiring performance of duty during | 20 | | less than 600 hours a year
for a municipality (including | 21 | | all instrumentalities thereof) or a
participating | 22 | | instrumentality. If a school treasurer performs services
| 23 | | for more than one school district, the total number of | 24 | | hours of service
normally required for the several school | 25 | | districts shall be considered
to determine whether he | 26 | | qualifies under this paragraph;
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| 1 | | 2. Any person who holds elective office unless he has | 2 | | elected while
in that office in a written notice on file | 3 | | with the board to become a
participating employee;
| 4 | | 3. Any person working for a city hospital unless any | 5 | | such person,
while in active employment, has elected in a | 6 | | written notice on file with
the board to become a | 7 | | participating employee and notification thereof is
| 8 | | received by the board;
| 9 | | 4. Any person who becomes an employee after June 30, | 10 | | 1979 as a public
service employment program participant | 11 | | under the federal Comprehensive
Employment and Training | 12 | | Act and whose wages or fringe benefits are paid in
whole or | 13 | | in part by funds provided under such Act;
| 14 | | 5. Any person who is actively employed by a | 15 | | municipality on its effective date of participation in the | 16 | | Fund if that municipality (i) has at least 35 employees on | 17 | | its effective date of participation; (ii) is located in a | 18 | | county with at least 2,000,000 inhabitants; and (iii) | 19 | | maintains an independent defined benefit pension plan for | 20 | | the benefit of its eligible employees, unless the person | 21 | | files with the board within 90 days after the | 22 | | municipality's effective date of participation an | 23 | | irrevocable election to participate.
| 24 | | (c) Any person electing to be a participating employee, | 25 | | pursuant to
paragraph (b) of this Section may not change such | 26 | | election,
except as provided in Section 7-137.1.
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| 1 | | (d) Any employee who occupied the position of school nurse | 2 | | in any
participating municipality on August 8, 1961 and | 3 | | continuously thereafter
until the effective date of the | 4 | | exercise of the option authorized by
this subparagraph, who on | 5 | | August 7, 1961 was a member of the Teachers'
Retirement System | 6 | | of Illinois, by virtue of certification by the
Department of | 7 | | Registration and Education as a public health nurse, may
elect | 8 | | to terminate participation in this Fund in order to | 9 | | re-establish
membership in such System. The election may be | 10 | | exercised by filing
written notice thereof with the Board or | 11 | | with the Board of Trustees of
said Teachers' Retirement System, | 12 | | not later than September 30, 1963, and
shall be effective on | 13 | | the first day of the calendar month next following
the month in | 14 | | which the notice was filed. If the written notice is filed
with | 15 | | such Teachers' Retirement System, that System shall | 16 | | immediately
notify this Fund, but neither failure nor delay in | 17 | | notification shall
affect the validity of the employee's | 18 | | election. If the option is
exercised, the Fund shall notify | 19 | | such Teachers' Retirement System of
such fact and transfer to | 20 | | that system the amounts contributed by the
employee to this | 21 | | Fund, including interest at 3% per annum, but excluding
| 22 | | contributions applicable to social security coverage during | 23 | | the period
beginning August 8, 1961 to the effective date of | 24 | | the employee's
election. Participation in this Fund as to any | 25 | | credits on or after
August 8, 1961 and up to the effective date | 26 | | of the employee's election
shall terminate on such effective |
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| 1 | | date.
| 2 | | (e) Any participating municipality or participating | 3 | | instrumentality,
other than a school district or special | 4 | | education joint agreement created
under Section 10-22.31 of the | 5 | | School Code, may, by a resolution or
ordinance duly adopted by | 6 | | its governing body, elect to exclude from
participation and | 7 | | eligibility for benefits all persons who are employed
after the | 8 | | effective date of such resolution or ordinance and who occupy | 9 | | an
office or are employed in a position normally requiring | 10 | | performance of duty
for less than 1000 hours per year for the | 11 | | participating municipality
(including all instrumentalities | 12 | | thereof) or participating instrumentality
except for persons | 13 | | employed in a position normally requiring performance of
duty | 14 | | for 600 hours or more per year (i) by such participating | 15 | | municipality
or participating instrumentality prior to the | 16 | | effective date of the
resolution or ordinance and (ii) by a
| 17 | | participating municipality or participating instrumentality, | 18 | | which had not
adopted such a resolution when the person was | 19 | | employed, and the function
served by the employee's position is | 20 | | assumed by another participating
municipality or participating | 21 | | instrumentality. A participating municipality or
participating | 22 | | instrumentality included in and subject to this Article after
| 23 | | January 1, 1982 may adopt such resolution or ordinance only | 24 | | prior to the
date it becomes included in and subject to this | 25 | | Article. Notwithstanding
the foregoing, a participating | 26 | | municipality or participating
instrumentality which is formed |
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| 1 | | solely to succeed to the functions of a
participating | 2 | | municipality or participating instrumentality shall be
| 3 | | considered to have adopted any such resolution or ordinance | 4 | | which may have
been applicable to the employees performing such | 5 | | functions. The election
made by the resolution or ordinance | 6 | | shall take effect at the time specified
in the resolution or | 7 | | ordinance, and once effective shall be irrevocable.
| 8 | | (Source: P.A. 96-1140, eff. 7-21-10.)
| 9 | | (40 ILCS 5/7-141) (from Ch. 108 1/2, par. 7-141)
| 10 | | Sec. 7-141. Retirement annuities - Conditions. Retirement | 11 | | annuities shall be payable as hereinafter set forth:
| 12 | | (a) A participating employee who, regardless of cause, is | 13 | | separated
from the service of all participating municipalities | 14 | | and
instrumentalities thereof and participating | 15 | | instrumentalities shall be
entitled to a retirement annuity | 16 | | provided:
| 17 | | 1. He is at least age 55, or in the case of a person who | 18 | | is eligible
to have his annuity calculated under Section | 19 | | 7-142.1, he is at least age 50;
| 20 | | 2. He is (i) an employee who was employed by any | 21 | | participating
municipality
or participating | 22 | | instrumentality which had not elected to exclude persons
| 23 | | employed in positions normally requiring performance of | 24 | | duty for less than 1000
hours per year or was employed in a | 25 | | position normally requiring performance of
duty for 600 |
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| 1 | | hours or more per year prior to such election by any
| 2 | | participating municipality or participating | 3 | | instrumentality included in
and subject to this Article on | 4 | | or before the effective date of this
amendatory Act of 1981 | 5 | | which made such election and is not entitled to
receive | 6 | | earnings for employment in a position normally requiring
| 7 | | performance of duty for 600 hours or more per year for any | 8 | | participating
municipality and instrumentalities thereof | 9 | | and participating instrumentality;
or (ii) an employee who | 10 | | was employed only by a participating municipality
or | 11 | | participating instrumentality, or participating | 12 | | municipalities or
participating instrumentalities, which | 13 | | have elected to exclude persons in
positions normally | 14 | | requiring performance of duty for less than 1000 hours
per | 15 | | year after the effective date of such exclusion or which | 16 | | are included
under and subject to the Article after the | 17 | | effective date of this
amendatory Act of 1981 and elects to | 18 | | exclude persons in such positions, and
is not entitled to | 19 | | receive earnings for employment in a position requiring | 20 | | him, or entitling him to elect, to be a participating | 21 | | employee normally
requiring performance of duty for 1000 | 22 | | hours or more per year by such a
participating municipality | 23 | | or participating instrumentality ;
| 24 | | 3. The amount of his annuity, before the application of | 25 | | paragraph (b) of
Section 7-142 is at least $10 per month;
| 26 | | 4. If he first became a participating employee after |
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| 1 | | December 31,
1961, he has at least 8 years of service. This | 2 | | service requirement shall not
apply to any participating | 3 | | employee, regardless of participation date, if the
General | 4 | | Assembly terminates the Fund.
| 5 | | (b) Retirement annuities shall be payable:
| 6 | | 1. As provided in Section 7-119;
| 7 | | 2. Except as provided in item 3, upon receipt by the | 8 | | fund of a written
application. The effective date may be | 9 | | not more than one
year prior to the date of the receipt by | 10 | | the fund of the application;
| 11 | | 3. Upon attainment of age 70 1/2 if the member (i) is | 12 | | no longer in
service,
and (ii) is otherwise entitled to an | 13 | | annuity under this Article;
| 14 | | 4. To the beneficiary of the deceased annuitant for the | 15 | | unpaid amount
accrued to date of death, if any.
| 16 | | (Source: P.A. 91-887, eff. 7-6-00.)
| 17 | | (40 ILCS 5/7-141.1)
| 18 | | Sec. 7-141.1. Early retirement incentive.
| 19 | | (a) The General Assembly finds and declares that:
| 20 | | (1) Units of local government across the State have | 21 | | been functioning
under a financial crisis.
| 22 | | (2) This financial crisis is expected to continue.
| 23 | | (3) Units of local government must depend on additional | 24 | | sources of
revenue and, when those sources are not | 25 | | forthcoming, must establish
cost-saving programs.
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| 1 | | (4) An early retirement incentive designed | 2 | | specifically to target
highly-paid senior employees could | 3 | | result in significant annual cost
savings.
| 4 | | (5) The early retirement incentive should be made | 5 | | available only to
those units of local government that | 6 | | determine that an early retirement
incentive is in their | 7 | | best interest.
| 8 | | (6) A unit of local government adopting a program of | 9 | | early retirement
incentives under this Section is | 10 | | encouraged to implement personnel procedures
to prohibit, | 11 | | for at least 5 years, the rehiring (whether on payroll or | 12 | | by
independent contract) of employees who receive early | 13 | | retirement incentives.
| 14 | | (7) A unit of local government adopting a program of | 15 | | early retirement
incentives under this Section is also | 16 | | encouraged to replace as few of the
participating employees | 17 | | as possible and to hire replacement employees for
salaries | 18 | | totaling no more than 80% of the total salaries formerly | 19 | | paid to the
employees who participate in the early | 20 | | retirement program.
| 21 | | It is the primary purpose of this Section to encourage | 22 | | units of local
government that can realize true cost savings, | 23 | | or have determined that an early
retirement program is in their | 24 | | best interest, to implement an early retirement
program.
| 25 | | (b) Until the effective date of this amendatory Act of | 26 | | 1997, this
Section does not apply to any employer that is a |
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| 1 | | city, village, or incorporated
town, nor to the employees of | 2 | | any such employer. Beginning on the effective
date of this | 3 | | amendatory Act of 1997, any employer under this Article, | 4 | | including
an employer that is a city, village, or incorporated | 5 | | town, may establish an
early retirement incentive program for | 6 | | its employees under this Section. The
decision of a city, | 7 | | village, or incorporated town to consider or establish an
early | 8 | | retirement program is at the sole discretion of that city, | 9 | | village, or
incorporated town, and nothing in this amendatory | 10 | | Act of 1997 limits or
otherwise diminishes this discretion. | 11 | | Nothing contained in this Section shall
be construed to require | 12 | | a city, village, or incorporated town to establish an
early | 13 | | retirement program and no city, village, or incorporated town | 14 | | may be
compelled to implement such a program.
| 15 | | The benefits provided in this Section are available only to | 16 | | members
employed by a participating employer that has filed | 17 | | with the Board of the
Fund a resolution or ordinance expressly | 18 | | providing for the creation of an
early retirement incentive | 19 | | program under this Section for its employees and
specifying the | 20 | | effective date of the early retirement incentive program.
| 21 | | Subject to the limitation in subsection (h), an employer may | 22 | | adopt a resolution
or ordinance providing a program of early | 23 | | retirement incentives under this
Section at any time.
| 24 | | The resolution or ordinance shall be in substantially the | 25 | | following form:
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| 1 | | RESOLUTION (ORDINANCE) NO. ....
| 2 | | A RESOLUTION (ORDINANCE) ADOPTING AN EARLY
| 3 | | RETIREMENT INCENTIVE PROGRAM FOR EMPLOYEES
| 4 | | IN THE ILLINOIS MUNICIPAL RETIREMENT FUND
| 5 | | WHEREAS, Section 7-141.1 of the Illinois Pension Code | 6 | | provides that a
participating employer may elect to adopt an | 7 | | early retirement
incentive program offered by the Illinois | 8 | | Municipal Retirement Fund by
adopting a resolution or | 9 | | ordinance; and
| 10 | | WHEREAS, The goal of adopting an early retirement program | 11 | | is
to realize a substantial savings in personnel costs by | 12 | | offering early
retirement incentives to employees who have | 13 | | accumulated many years of
service credit; and
| 14 | | WHEREAS, Implementation of the early retirement program | 15 | | will provide a
budgeting tool to aid in controlling payroll | 16 | | costs; and
| 17 | | WHEREAS, The (name of governing body) has determined that | 18 | | the adoption of an
early retirement incentive program is in the | 19 | | best interests of the (name of
participating employer); | 20 | | therefore be it
| 21 | | RESOLVED (ORDAINED) by the (name of governing body) of | 22 | | (name of
participating employer) that:
| 23 | | (1) The (name of participating employer) does hereby adopt | 24 | | the Illinois
Municipal Retirement Fund early retirement | 25 | | incentive program as provided in
Section 7-141.1 of the | 26 | | Illinois Pension Code. The early retirement incentive
program |
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| 1 | | shall take effect on (date).
| 2 | | (2) In order to help achieve a true cost savings, a person | 3 | | who retires under
the early retirement incentive program shall | 4 | | lose those incentives if he or she
later accepts employment | 5 | | with any IMRF employer in a position for which
participation in | 6 | | IMRF is required or is elected by the employee.
| 7 | | (3) In order to utilize an early retirement incentive as a | 8 | | budgeting
tool, the (name of participating employer) will use | 9 | | its best efforts either
to limit the number of employees who | 10 | | replace the employees who retire under
the early retirement | 11 | | program or to limit the salaries paid to the employees who
| 12 | | replace the employees who retire under the early retirement | 13 | | program.
| 14 | | (4) The effective date of each employee's retirement under | 15 | | this early
retirement program shall be set by (name of | 16 | | employer) and shall be no
earlier than the effective date of | 17 | | the program and no later than one year after
that effective | 18 | | date; except that the employee may require that the retirement
| 19 | | date set by the employer be no later than the June 30 next | 20 | | occurring after the
effective date of the program and no | 21 | | earlier than the date upon which the
employee qualifies for | 22 | | retirement.
| 23 | | (5) To be eligible for the early retirement incentive under | 24 | | this Section,
the employee must have attained age 50 and have | 25 | | at least 20 years of creditable
service by his or her | 26 | | retirement date.
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| 1 | | (6) The (clerk or secretary) shall promptly file a | 2 | | certified copy of
this resolution (ordinance) with the Board of | 3 | | Trustees of the Illinois
Municipal Retirement Fund.
| 4 | | CERTIFICATION
| 5 | | I, (name), the (clerk or secretary) of the (name of | 6 | | participating
employer) of the County of (name), State of | 7 | | Illinois, do hereby certify
that I am the keeper of the books | 8 | | and records of the (name of employer)
and that the foregoing is | 9 | | a true and correct copy of a resolution
(ordinance) duly | 10 | | adopted by the (governing body) at a meeting duly convened
and | 11 | | held on (date).
| 12 | | SEAL
| 13 | | (Signature of clerk or secretary)
| 14 | | (c) To be eligible for the benefits provided under an early | 15 | | retirement
incentive program adopted under this Section, a | 16 | | member must:
| 17 | | (1) be a participating employee of this Fund who, on | 18 | | the effective date of
the program, (i) is in active payroll | 19 | | status as an employee of a participating
employer that has | 20 | | filed the required ordinance or resolution with the Board,
| 21 | | (ii) is on layoff status from such a position with a right | 22 | | of re-employment or
recall to service, (iii) is on a leave | 23 | | of absence from such a position, or (iv)
is on disability | 24 | | but has not been receiving benefits under Section 7-146 or
| 25 | | 7-150 for a period of more than 2 years from the date of |
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| 1 | | application;
| 2 | | (2) have never previously received a retirement | 3 | | annuity under
this Article or under the Retirement Systems | 4 | | Reciprocal Act using service
credit established under this | 5 | | Article;
| 6 | | (3) (blank);
| 7 | | (4) have at least 20 years of creditable service in the | 8 | | Fund by the date
of retirement, without the use of any | 9 | | creditable service established under this
Section;
| 10 | | (5) have attained age 50 by the date of retirement, | 11 | | without the use of any
age enhancement received under this | 12 | | Section; and
| 13 | | (6) be eligible to receive a retirement annuity under | 14 | | this Article by the
date of retirement, for which purpose | 15 | | the age enhancement and creditable
service established | 16 | | under this Section may be considered.
| 17 | | (d) The employer shall determine the retirement date for | 18 | | each employee
participating in the early retirement program | 19 | | adopted under this Section. The
retirement date shall be no | 20 | | earlier than the effective date of the program and
no later | 21 | | than one year after that effective date, except that the | 22 | | employee may
require that the retirement date set by the | 23 | | employer be no later than the June
30 next occurring after the | 24 | | effective date of the program and no earlier than
the date upon | 25 | | which the employee qualifies for retirement. The employer shall
| 26 | | give each employee participating in the early retirement |
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| 1 | | program at least 30
days written notice of the employee's | 2 | | designated retirement date, unless the
employee waives this | 3 | | notice requirement.
| 4 | | (e) An eligible person may establish up to 5 years of | 5 | | creditable service
under this Section. In addition, for each | 6 | | period of creditable service
established under this Section, a | 7 | | person shall have his or her age at
retirement deemed enhanced | 8 | | by an equivalent period.
| 9 | | The creditable service established under this Section may | 10 | | be used for all
purposes under this Article and the Retirement | 11 | | Systems Reciprocal Act,
except for the computation of final | 12 | | rate of earnings and the determination
of earnings, salary, or | 13 | | compensation under this or any other Article of the
Code.
| 14 | | The age enhancement established under this Section may be | 15 | | used for all
purposes under this Article (including calculation | 16 | | of the reduction imposed
under subdivision (a)1b(iv) of Section | 17 | | 7-142), except for purposes of a
reversionary annuity under | 18 | | Section 7-145 and any distributions required because
of age. | 19 | | The age enhancement established under this Section may be used | 20 | | in
calculating a proportionate annuity payable by this Fund | 21 | | under the Retirement
Systems Reciprocal Act, but shall not be | 22 | | used in determining benefits payable
under other Articles of | 23 | | this Code under the Retirement Systems Reciprocal Act.
| 24 | | (f) For all creditable service established under this | 25 | | Section, the
member must pay to the Fund an employee | 26 | | contribution consisting of 4.5%
of the member's highest annual |
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| 1 | | salary rate used in the determination of the
final rate of | 2 | | earnings for retirement annuity purposes for each year of
| 3 | | creditable service granted under this Section. For creditable | 4 | | service
established under this Section by a person who is a | 5 | | sheriff's law
enforcement employee to be deemed service as a | 6 | | sheriff's law enforcement
employee, the employee contribution | 7 | | shall be at the rate of 6.5%
of highest annual salary per year | 8 | | of creditable service granted.
Contributions for fractions of a | 9 | | year of service shall be prorated.
Any amounts that are | 10 | | disregarded in determining the final rate of earnings
under | 11 | | subdivision (d)(5) of Section 7-116 (the 125% rule) shall also | 12 | | be
disregarded in determining the required contribution under | 13 | | this subsection (f).
| 14 | | The employee contribution shall be paid to the Fund as | 15 | | follows: If the
member is entitled to a lump sum payment for | 16 | | accumulated vacation, sick leave,
or personal leave upon | 17 | | withdrawal from service, the employer shall deduct the
employee | 18 | | contribution from that lump sum and pay the deducted amount | 19 | | directly
to the Fund. If there is no such lump sum payment or | 20 | | the required employee
contribution exceeds the net amount of | 21 | | the lump sum payment, then the remaining
amount due, at the | 22 | | option of the employee, may either be paid to the Fund
before | 23 | | the annuity commences or deducted from the retirement annuity | 24 | | in 24
equal monthly installments.
| 25 | | (g) An annuitant who has received any age enhancement or | 26 | | creditable service
under this Section and thereafter accepts |
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| 1 | | employment with or enters into a
personal services contract | 2 | | with an employer under this Article thereby forfeits
that age | 3 | | enhancement and creditable service; except that this | 4 | | restriction
does not apply to (1) service in an elective | 5 | | office, so long as the annuitant
does not participate in this | 6 | | Fund with respect to that office , and (2) a person appointed as | 7 | | an officer under subsection (f) of Section 3-109 of this Code , | 8 | | and (3) a person appointed as an auxiliary police officer | 9 | | pursuant to Section 3.1-30-5 of the Illinois Municipal Code . A | 10 | | person
forfeiting early retirement incentives under this | 11 | | subsection (i) must repay to
the Fund that portion of the | 12 | | retirement annuity already received which is
attributable to | 13 | | the early retirement incentives that are being forfeited, (ii)
| 14 | | shall not be eligible to participate in any future early | 15 | | retirement program
adopted under this Section, and (iii) is | 16 | | entitled to a refund of the employee
contribution paid under | 17 | | subsection (f). The Board shall deduct the required
repayment | 18 | | from the refund and may impose a reasonable payment schedule | 19 | | for
repaying the amount, if any, by which the required | 20 | | repayment exceeds the refund
amount.
| 21 | | (h) The additional unfunded liability accruing as a result | 22 | | of the adoption
of a program of early retirement incentives | 23 | | under this Section by an employer
shall be amortized over a | 24 | | period of 10 years beginning on January 1 of the
second | 25 | | calendar year following the calendar year in which the latest | 26 | | date for
beginning to receive a retirement annuity under the |
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| 1 | | program (as determined by
the employer under subsection (d) of | 2 | | this Section) occurs; except that the
employer may provide for | 3 | | a shorter amortization period (of no less than 5
years) by | 4 | | adopting an ordinance or resolution specifying the length of | 5 | | the
amortization period and submitting a certified copy of the | 6 | | ordinance or
resolution to the Fund no later than 6 months | 7 | | after the effective date of the
program. An employer, at its | 8 | | discretion, may accelerate payments to the Fund.
| 9 | | An employer may provide more than one early retirement | 10 | | incentive program
for its employees under this Section. | 11 | | However, an employer that has provided
an early retirement | 12 | | incentive program for its employees under this Section may
not | 13 | | provide another early retirement incentive program under this | 14 | | Section until the liability arising from the earlier program | 15 | | has been fully paid to
the Fund.
| 16 | | (Source: P.A. 96-775, eff. 8-28-09.)
| 17 | | (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1) | 18 | | Sec. 7-142.1. Sheriff's law enforcement employees.
| 19 | | (a) In lieu of the retirement annuity provided by | 20 | | subparagraph 1 of
paragraph (a) of Section 7-142:
| 21 | | Any sheriff's law enforcement employee who
has 20 or more | 22 | | years of service in that capacity and who terminates
service | 23 | | prior to January 1, 1988 shall be entitled at his
option to | 24 | | receive a monthly retirement annuity for his service as a
| 25 | | sheriff's law enforcement employee computed by multiplying 2% |
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| 1 | | for each year
of such service up to 10 years, 2 1/4% for each | 2 | | year
of such service above 10 years and up to 20 years, and
2 | 3 | | 1/2% for each year of such service above
20 years, by his | 4 | | annual final rate of earnings and dividing by 12.
| 5 | | Any sheriff's law enforcement employee who has 20 or more | 6 | | years of
service in that capacity and who terminates service on | 7 | | or after January 1,
1988 and before July 1, 2004 shall be | 8 | | entitled at his option to receive
a monthly retirement
annuity | 9 | | for his service as a sheriff's law enforcement employee | 10 | | computed by
multiplying 2.5% for each year of such service up | 11 | | to 20 years, 2% for each
year of such service above 20 years | 12 | | and up to 30 years, and 1% for each
year of such service above | 13 | | 30 years, by his annual final rate of earnings
and dividing by | 14 | | 12.
| 15 | | Any sheriff's law enforcement employee who has 20 or more | 16 | | years of
service in that capacity and who terminates service on | 17 | | or after July 1,
2004 shall be entitled at his or her option to | 18 | | receive a monthly retirement
annuity for service as a sheriff's | 19 | | law enforcement employee computed by
multiplying 2.5% for each | 20 | | year of such service by his annual final rate of
earnings and | 21 | | dividing by 12.
| 22 | | If a sheriff's law enforcement employee has service in any | 23 | | other
capacity, his retirement annuity for service as a | 24 | | sheriff's law enforcement
employee may be computed under this | 25 | | Section and the retirement annuity for
his other service under | 26 | | Section 7-142.
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| 1 | | In no case shall the total monthly retirement annuity for | 2 | | persons who retire before July 1, 2004 exceed 75% of the
| 3 | | monthly final rate of earnings. In no case shall the total | 4 | | monthly retirement annuity for persons who retire on or after | 5 | | July 1, 2004 exceed 80% of the
monthly final rate of earnings.
| 6 | | (b) Whenever continued group insurance coverage is elected | 7 | | in accordance
with the provisions of Section 367h of the | 8 | | Illinois Insurance Code, as now
or hereafter amended, the total | 9 | | monthly premium for such continued group
insurance coverage or | 10 | | such portion thereof as is not paid
by the municipality shall, | 11 | | upon request of the person electing such
continued group | 12 | | insurance coverage, be deducted from any monthly pension
| 13 | | benefit otherwise payable to such person pursuant to this | 14 | | Section, to be
remitted by the Fund to the insurance company
or | 15 | | other entity providing the group insurance coverage.
| 16 | | (c) A sheriff's law enforcement employee who began service | 17 | | in that capacity prior to the effective date of this amendatory | 18 | | Act of the 97th General Assembly and who has service in any | 19 | | other
capacity may convert up to 10 years of that service into | 20 | | service as a sheriff's
law enforcement employee by paying to | 21 | | the Fund an amount equal to (1) the
additional employee | 22 | | contribution required under Section 7-173.1, plus (2) the | 23 | | additional employer contribution required under Section 7-172, | 24 | | plus (3) interest on items (1) and (2) at the
prescribed rate | 25 | | from the date of the service to the date of payment.
| 26 | | (d) The changes to subsections (a) and (b) of this Section |
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| 1 | | made by this amendatory Act of the 94th General Assembly apply | 2 | | only to persons in service on or after July 1, 2004. In the | 3 | | case of such a person who begins to receive a retirement | 4 | | annuity before the effective date of this amendatory Act of the | 5 | | 94th General Assembly, the annuity shall be recalculated | 6 | | prospectively to reflect those changes, with the resulting | 7 | | increase beginning to accrue on the first annuity payment date | 8 | | following the effective date of this amendatory Act.
| 9 | | (e) Any elected county officer who was entitled to receive | 10 | | a stipend from the State on or after July 1, 2009 and on or | 11 | | before June 30, 2010 may establish earnings credit for the | 12 | | amount of stipend not received, if the elected county official | 13 | | applies in writing to the fund within 6 months after the | 14 | | effective date of this amendatory Act of the 96th General | 15 | | Assembly and pays to the fund an amount equal to (i) employee | 16 | | contributions on the amount of stipend not received, (ii) | 17 | | employer contributions determined by the Board equal to the | 18 | | employer's normal cost of the benefit on the amount of stipend | 19 | | not received, plus (iii) interest on items (i) and (ii) at the | 20 | | actuarially assumed rate. | 21 | | (f) Notwithstanding any other provision of this Article,
| 22 | | the provisions of this subsection (f) apply to a person who | 23 | | first
becomes a sheriff's law enforcement employee under this | 24 | | Article on or after January 1, 2011. | 25 | | A sheriff's law enforcement employee age 55 or more who has | 26 | | 10 or more years of service in that capacity shall be entitled |
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| 1 | | at his option to receive a monthly retirement annuity for his | 2 | | or her service as a sheriff's law enforcement employee computed | 3 | | by multiplying 2.5% for each year of such service by his or her | 4 | | final rate of earnings. | 5 | | The retirement annuity of a sheriff's law enforcement | 6 | | employee who is retiring after attaining age 50 with 10 or more | 7 | | years of creditable service shall be reduced by one-half of 1% | 8 | | for each month that the sheriff's law enforcement employee's | 9 | | age is under age 55. | 10 | | The maximum retirement annuity under this subsection (f) | 11 | | shall be 75%
of final rate of earnings. | 12 | | For the purposes of this subsection (f), "final rate of | 13 | | earnings" means the average monthly earnings obtained by | 14 | | dividing the total salary of the sheriff's law enforcement | 15 | | employee during the 96 consecutive months of service within the | 16 | | last 120 months of service in which the total earnings was the | 17 | | highest by the number of months of service in that period. | 18 | | Notwithstanding any other provision of this Article, | 19 | | beginning on January 1, 2011, for all purposes under this Code | 20 | | (including without limitation the calculation of benefits and | 21 | | employee contributions), the annual earnings of a sheriff's law | 22 | | enforcement employee to whom this Section applies shall not | 23 | | include overtime and shall not exceed $106,800; however, that | 24 | | amount shall annually thereafter be increased by the lesser of | 25 | | (i) 3% of that amount, including all previous adjustments, or | 26 | | (ii) one-half the annual unadjusted percentage increase (but |
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| 1 | | not less than zero) in the consumer price index-u for the 12 | 2 | | months ending with the September preceding each November 1, | 3 | | including all previous adjustments. | 4 | | (g) Notwithstanding any other provision of this Article, | 5 | | the monthly annuity
of a person who first becomes a sheriff's | 6 | | law enforcement employee under this Article on or after January | 7 | | 1, 2011 shall be increased on the January 1 occurring either on | 8 | | or after the attainment of age 60 or the first anniversary of | 9 | | the annuity start date, whichever is later. Each annual | 10 | | increase shall be calculated at 3% or one-half the annual | 11 | | unadjusted percentage increase (but not less than zero) in the | 12 | | consumer price index-u for the 12 months ending with the | 13 | | September preceding each November 1, whichever is less, of the | 14 | | originally granted retirement annuity. If the annual | 15 | | unadjusted percentage change in the consumer price index-u for | 16 | | a 12-month period ending in September is zero or, when compared | 17 | | with the preceding period, decreases, then the annuity shall | 18 | | not be increased. | 19 | | (h) Notwithstanding any other provision of this Article, | 20 | | for a person who first becomes a sheriff's law enforcement | 21 | | employee under this Article on or after January 1, 2011, the | 22 | | annuity to which the surviving spouse, children, or parents are | 23 | | entitled under this subsection (h) shall be in the amount of 66 | 24 | | 2/3% of the sheriff's law enforcement employee's earned annuity | 25 | | at the date of death. | 26 | | (i) Notwithstanding any other provision of this Article, |
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| 1 | | the monthly annuity
of a survivor of a person who first becomes | 2 | | a sheriff's law enforcement employee under this Article on or | 3 | | after January 1, 2011 shall be increased on the January 1 after | 4 | | attainment of age 60 by the recipient of the survivor's annuity | 5 | | and
each January 1 thereafter by 3% or one-half the annual | 6 | | unadjusted percentage increase in the consumer price index-u | 7 | | for the
12 months ending with the September preceding each | 8 | | November 1, whichever is less, of the originally granted | 9 | | pension. If the annual unadjusted percentage change in
the | 10 | | consumer price index-u for a 12-month period ending in | 11 | | September is zero or, when compared with the preceding period, | 12 | | decreases, then the annuity shall not
be increased. | 13 | | (j) For the purposes of this Section, "consumer price | 14 | | index-u" means the index published by the Bureau of Labor | 15 | | Statistics of the United States Department of Labor that | 16 | | measures the average change in prices of goods and services | 17 | | purchased by all urban consumers, United States city average, | 18 | | all items, 1982-84 = 100. The new amount resulting from each | 19 | | annual adjustment shall be determined by the Public Pension | 20 | | Division of the Department of Insurance and made available to | 21 | | the boards of the pension funds. | 22 | | (Source: P.A. 96-961, eff. 7-2-10; 96-1495, eff. 1-1-11.)
| 23 | | (40 ILCS 5/7-144) (from Ch. 108 1/2, par. 7-144)
| 24 | | Sec. 7-144. Retirement annuities-Suspended during | 25 | | employment.
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| 1 | | (a) (1) If any person described in clause (i) of subsection | 2 | | (a)
2 of Section 7-141
receiving any annuity again becomes an | 3 | | employee
and receives earnings from employment in a position | 4 | | normally requiring
performance of duty during 600 hours or more | 5 | | per year for any
participating municipality and | 6 | | instrumentalities thereof or
participating instrumentality; or | 7 | | (2) if any person described in
clause (ii) of subsection (a) 2 | 8 | | of Section 7-141 receiving any annuity returns
to employment in | 9 | | a position requiring him, or entitling him to elect, to
become | 10 | | a participating employee , ; then the annuity payable to such | 11 | | employee
shall be suspended as of the 1st day of the month | 12 | | coincidental with or
next following the date upon which such | 13 | | person becomes such an employee.
Upon proper qualification of | 14 | | the participating employee payment of such
annuity may be | 15 | | resumed on the 1st day of the month following such
| 16 | | qualification and upon proper application therefor. The | 17 | | participating
employee in such case shall be entitled to a | 18 | | supplemental annuity
arising from service and credits earned | 19 | | subsequent to such re-entry as a
participating employee.
| 20 | | (b) Supplemental annuities to persons who return to service | 21 | | for less
than 48 months shall be computed under the provisions | 22 | | of Sections 7-141,
7-142 and 7-143. In determining whether an | 23 | | employee is eligible for an
annuity which requires a minimum | 24 | | period of service, his entire period of
service shall be taken | 25 | | into consideration but the supplemental annuity
shall be based | 26 | | on earnings and service in the supplemental period only.
The |
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| 1 | | effective date of the suspended and supplemental annuity for | 2 | | the
purpose of increases after retirement shall be considered | 3 | | to be the
effective date of the suspended annuity.
| 4 | | (c) Supplemental annuities to persons who return to service | 5 | | for 48
months or more shall be a monthly amount determined as | 6 | | follows:
| 7 | | (1) An amount shall be computed under subparagraph b of | 8 | | paragraph
(1) of subsection (a) of Section 7-142, | 9 | | considering all of the service
credits of the employee;
| 10 | | (2) The actuarial value in monthly payments for life of | 11 | | the annuity
payments made before suspension shall be | 12 | | determined and subtracted from
the amount determined in (1) | 13 | | above;
| 14 | | (3) The monthly amount of the suspended annuity, with | 15 | | any applicable
increases after retirement computed from | 16 | | the effective date to the date
of reinstatement, shall be | 17 | | subtracted from the amount determined in (2)
above and the | 18 | | remainder shall be the amount of the supplemental annuity
| 19 | | provided that this amount shall not be less than the amount | 20 | | computed under
subsection (b) of this Section.
| 21 | | (4) The suspended annuity shall be reinstated at an | 22 | | amount including
any increases after retirement from the | 23 | | effective date to date of
reinstatement.
| 24 | | (5) The effective date of the combined suspended and | 25 | | supplemental
annuities for the purposes of increases after | 26 | | retirement shall be
considered to be the effective date of |
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| 1 | | the supplemental annuity.
| 2 | | (Source: P.A. 82-459 .)
| 3 | | (40 ILCS 5/7-145.1) | 4 | | Sec. 7-145.1. Alternative annuity for county officers. | 5 | | (a) The benefits provided in this Section and Section | 6 | | 7-145.2 are available
only if , prior to the effective date of | 7 | | this amendatory Act of the 97th General Assembly, the county | 8 | | board has filed with the Board of the Fund a resolution or
| 9 | | ordinance expressly consenting to the availability of these | 10 | | benefits for its
elected county officers. The county board's | 11 | | consent is irrevocable with
respect to persons participating in | 12 | | the program, but may be revoked at any time
with respect to | 13 | | persons who have not paid an additional optional contribution
| 14 | | under this Section before the date of revocation. | 15 | | An elected county officer may elect to establish | 16 | | alternative credits for
an alternative annuity by electing in | 17 | | writing before the effective date of this amendatory Act of the | 18 | | 97th General Assembly to make additional optional
| 19 | | contributions in accordance with this Section and procedures | 20 | | established
by the board. These alternative credits are | 21 | | available only for periods of
service as an elected county | 22 | | officer. The elected county officer may
discontinue making the | 23 | | additional optional contributions by notifying the
Fund in | 24 | | writing in accordance with this Section and procedures | 25 | | established
by the board. |
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| 1 | | Additional optional contributions for the alternative | 2 | | annuity shall
be as follows: | 3 | | (1) For service as an elected county officer after the | 4 | | option is
elected, an additional contribution of 3% of | 5 | | salary shall be contributed
to the Fund on the same basis | 6 | | and under the same conditions as contributions
required | 7 | | under Section 7-173. | 8 | | (2) For service as an elected county officer before the | 9 | | option is
elected, an additional contribution of 3% of the | 10 | | salary for the applicable
period of service, plus interest | 11 | | at the effective rate from the date of
service to the date | 12 | | of payment, plus any additional amount required by
the | 13 | | county board under paragraph (3). All payments for past | 14 | | service must
be paid in full before credit is given. | 15 | | (3) With respect to service as an elected county | 16 | | officer before the
option is elected, if payment is made | 17 | | after the county board has filed with
the Board of the Fund | 18 | | a resolution or ordinance requiring an additional
| 19 | | contribution under this paragraph, then the contribution | 20 | | required under
paragraph (2) shall include an amount to be | 21 | | determined by the Fund, equal
to the actuarial present | 22 | | value of the additional employer cost that would
otherwise | 23 | | result from the alternative credits being established for | 24 | | that
service. A county board's resolution or ordinance | 25 | | requiring additional
contributions under this paragraph | 26 | | (3) is irrevocable. |
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| 1 | | No additional optional contributions may be made for any | 2 | | period of service
for which credit has been previously | 3 | | forfeited by acceptance of a refund,
unless the refund is | 4 | | repaid in full with interest at the effective rate from
the | 5 | | date of refund to the date of repayment. | 6 | | (b) In lieu of the retirement annuity otherwise payable | 7 | | under this Article,
an elected county officer who (1) has | 8 | | elected to participate in the Fund and
make additional optional | 9 | | contributions in accordance with this Section, (2)
has held and | 10 | | made additional optional contributions with respect to the same
| 11 | | elected county office for at least 8 years, and (3) has | 12 | | attained
age 55 with at least 8 years of service credit (or has | 13 | | attained age 50 with at
least 20 years of service as a | 14 | | sheriff's law enforcement employee) may elect
to have his | 15 | | retirement annuity computed as follows: 3% of the participant's
| 16 | | salary for each of the first 8 years
of service credit, plus 4% | 17 | | of that salary for each of the next 4 years of
service credit, | 18 | | plus 5% of that salary for each year of service credit in
| 19 | | excess of 12 years, subject to a maximum of 80% of that salary. | 20 | | This formula applies only to service in an elected county | 21 | | office that the
officer held for at least 8 years, and only to | 22 | | service for which additional
optional contributions have been | 23 | | paid under this Section. If an elected county
officer qualifies | 24 | | to have this formula applied to service in more than one
| 25 | | elected county office, the qualifying service shall be | 26 | | accumulated for purposes
of determining the applicable accrual |
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| 1 | | percentages, but the salary used for each
office shall be the | 2 | | separate salary calculated for that office, as defined in
| 3 | | subsection (g). | 4 | | To the extent that the elected county officer has service | 5 | | credit that does
not qualify for this formula, his retirement | 6 | | annuity will first be determined
in accordance with this | 7 | | formula with respect to the service to which this
formula | 8 | | applies, and then in accordance with the remaining Sections of | 9 | | this
Article with respect to the service to which this formula | 10 | | does not apply. | 11 | | (c) In lieu of the disability benefits otherwise payable | 12 | | under this
Article, an elected county officer who (1) has
| 13 | | elected to participate in the Fund, and (2) has become
| 14 | | permanently disabled and as a consequence is unable to perform | 15 | | the duties
of his office, and (3) was making optional | 16 | | contributions in accordance with
this Section at the time the | 17 | | disability was incurred, may elect to receive
a disability | 18 | | annuity calculated in accordance with the formula in subsection
| 19 | | (b). For the purposes of this subsection, an elected county | 20 | | officer shall be
considered permanently disabled only if: (i) | 21 | | disability occurs while in
service as an elected county officer | 22 | | and is of such a nature as to prevent him
from reasonably | 23 | | performing the duties of his office at the time; and (ii) the
| 24 | | board has received a written certification by at least 2 | 25 | | licensed physicians
appointed by it stating that the officer is | 26 | | disabled and that the disability
is likely to be permanent. |
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| 1 | | (d) Refunds of additional optional contributions shall be | 2 | | made on the
same basis and under the same conditions as | 3 | | provided under Section 7-166,
7-167 and 7-168. Interest shall | 4 | | be credited at the effective rate on the
same basis and under | 5 | | the same conditions as for other contributions. | 6 | | If an elected county officer fails to hold that same | 7 | | elected county
office for at least 8 years, he or she shall be | 8 | | entitled after leaving office
to receive a refund of the | 9 | | additional optional contributions made with respect
to that | 10 | | office, plus interest at the effective rate. | 11 | | (e) The plan of optional alternative benefits and | 12 | | contributions shall be
available to persons who are elected | 13 | | county officers and active contributors
to the Fund on or after | 14 | | November 15, 1994 and elected to establish alternative credit | 15 | | before the effective date of this amendatory Act of the 97th | 16 | | General Assembly . A person who was an elected county
officer | 17 | | and an active contributor to the Fund on November 15, 1994 but | 18 | | is
no longer an active contributor may apply to make additional | 19 | | optional
contributions under this Section at any time within 90 | 20 | | days after the
effective date of this amendatory Act of 1997; | 21 | | if the person is an annuitant,
the resulting increase in | 22 | | annuity shall begin to accrue on the first day of
the month | 23 | | following the month in which the required payment is received | 24 | | by the
Fund. | 25 | | (f) For the purposes of this Section and Section 7-145.2, | 26 | | the terms "elected
county officer" and "elected county office" |
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| 1 | | include, but are not limited to:
(1) the county clerk, | 2 | | recorder, treasurer, coroner, assessor (if elected),
auditor, | 3 | | sheriff, and
State's Attorney; members of the county board; and | 4 | | the clerk of the circuit
court; and (2) a person who has been | 5 | | appointed to fill a vacancy in an
office that is normally | 6 | | filled by election on a countywide basis, for the
duration of | 7 | | his or her service in that office. The terms "elected county
| 8 | | officer" and "elected county office" do not include any officer | 9 | | or office of
a county that has not consented to the | 10 | | availability of benefits under this
Section and Section | 11 | | 7-145.2. | 12 | | (g) For the purposes of this Section and Section 7-145.2, | 13 | | the term
"salary" means the final rate of earnings for the | 14 | | elected county office held,
calculated in a manner consistent | 15 | | with Section 7-116, but for that office
only. If an elected | 16 | | county officer qualifies to have the formula in subsection
(b) | 17 | | applied to service in more than one elected county office, a | 18 | | separate
salary shall be calculated and applied with respect to | 19 | | each such office. | 20 | | (h) The changes to this Section made by this amendatory Act | 21 | | of the 91st
General Assembly apply to persons who first make an | 22 | | additional optional
contribution under this Section on or after | 23 | | the effective date of this
amendatory Act. | 24 | | (i) Any elected county officer who was entitled to receive | 25 | | a stipend from the State on or after July 1, 2009 and on or | 26 | | before June 30, 2010 may establish earnings credit for the |
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| 1 | | amount of stipend not received, if the elected county official | 2 | | applies in writing to the fund within 6 months after the | 3 | | effective date of this amendatory Act of the 96th General | 4 | | Assembly and pays to the fund an amount equal to (i) employee | 5 | | contributions on the amount of stipend not received, (ii) | 6 | | employer contributions determined by the Board equal to the | 7 | | employer's normal cost of the benefit on the amount of stipend | 8 | | not received, plus (iii) interest on items (i) and (ii) at the | 9 | | actuarially assumed rate. | 10 | | (Source: P.A. 96-961, eff. 7-2-10.)
| 11 | | (40 ILCS 5/7-172) (from Ch. 108 1/2, par. 7-172)
| 12 | | Sec. 7-172. Contributions by participating municipalities | 13 | | and
participating instrumentalities.
| 14 | | (a) Each participating municipality and each participating
| 15 | | instrumentality shall make payment to the fund as follows:
| 16 | | 1. municipality contributions in an amount determined | 17 | | by applying
the municipality contribution rate to each | 18 | | payment of earnings paid to
each of its participating | 19 | | employees;
| 20 | | 2. an amount equal to the employee contributions | 21 | | provided by paragraphs
(a) and (b) of Section 7-173, | 22 | | whether or not the employee contributions are
withheld as | 23 | | permitted by that Section;
| 24 | | 3. all accounts receivable, together with interest | 25 | | charged thereon,
as provided in Section 7-209;
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| 1 | | 4. if it has no participating employees with current | 2 | | earnings, an
amount payable which, over a closed period of | 3 | | 20 years for participating municipalities and 10 years for | 4 | | participating instrumentalities, will amortize, at the | 5 | | effective rate for
that year, any unfunded obligation. The | 6 | | unfunded obligation shall be computed as provided in | 7 | | paragraph 2 of subsection (b); | 8 | | 5. if it has fewer than 7 participating employees or a | 9 | | negative balance in its municipality reserve, the greater | 10 | | of (A) an amount payable that, over a period of 20 years, | 11 | | will amortize at the effective rate for that year any | 12 | | unfunded obligation, computed as provided in paragraph 2 of | 13 | | subsection (b) or (B) the amount required by paragraph 1 of | 14 | | this subsection (a).
| 15 | | (b) A separate municipality contribution rate shall be | 16 | | determined
for each calendar year for all participating | 17 | | municipalities together
with all instrumentalities thereof. | 18 | | The municipality contribution rate
shall be determined for | 19 | | participating instrumentalities as if they were
participating | 20 | | municipalities. The municipality contribution rate shall
be | 21 | | the sum of the following percentages:
| 22 | | 1. The percentage of earnings of all the participating | 23 | | employees of all
participating municipalities and | 24 | | participating instrumentalities which, if paid
over the | 25 | | entire period of their service, will be sufficient when | 26 | | combined with
all employee contributions available for the |
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| 1 | | payment of benefits, to provide
all annuities for | 2 | | participating employees, and the $3,000 death benefit
| 3 | | payable under Sections 7-158 and 7-164, such percentage to | 4 | | be known as the
normal cost rate.
| 5 | | 2. The percentage of earnings of the participating | 6 | | employees of each
participating municipality and | 7 | | participating instrumentalities necessary
to adjust for | 8 | | the difference between the present value of all benefits,
| 9 | | excluding temporary and total and permanent disability and | 10 | | death benefits, to
be provided for its participating | 11 | | employees and the sum of its accumulated
municipality | 12 | | contributions and the accumulated employee contributions | 13 | | and the
present value of expected future employee and | 14 | | municipality contributions
pursuant to subparagraph 1 of | 15 | | this paragraph (b). This adjustment shall be
spread over | 16 | | the remainder of the period that is allowable under | 17 | | generally
accepted accounting principles.
| 18 | | 3. The percentage of earnings of the participating | 19 | | employees of all
municipalities and participating | 20 | | instrumentalities necessary to provide
the present value | 21 | | of all temporary and total and permanent disability
| 22 | | benefits granted during the most recent year for which | 23 | | information is
available.
| 24 | | 4. The percentage of earnings of the participating | 25 | | employees of all
participating municipalities and | 26 | | participating instrumentalities
necessary to provide the |
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| 1 | | present value of the net single sum death
benefits expected | 2 | | to become payable from the reserve established under
| 3 | | Section 7-206 during the year for which this rate is fixed.
| 4 | | 5. The percentage of earnings necessary to meet any | 5 | | deficiency
arising in the Terminated Municipality Reserve.
| 6 | | (c) A separate municipality contribution rate shall be | 7 | | computed for
each participating municipality or participating | 8 | | instrumentality
for its sheriff's law enforcement employees.
| 9 | | A separate municipality contribution rate shall be | 10 | | computed for the
sheriff's law enforcement employees of each | 11 | | forest preserve district that
elects to have such employees. | 12 | | For the period from January 1, 1986 to
December 31, 1986, such | 13 | | rate shall be the forest preserve district's regular
rate plus | 14 | | 2%.
| 15 | | In the event that the Board determines that there is an | 16 | | actuarial
deficiency in the account of any municipality with | 17 | | respect to a person who
has elected to participate in the Fund | 18 | | under Section 3-109.1 of this Code,
the Board may adjust the | 19 | | municipality's contribution rate so as to make up
that | 20 | | deficiency over such reasonable period of time as the Board may | 21 | | determine.
| 22 | | (d) The Board may establish a separate municipality | 23 | | contribution
rate for all employees who are program | 24 | | participants employed under the
federal Comprehensive | 25 | | Employment Training Act by all of the
participating | 26 | | municipalities and instrumentalities. The Board may also
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| 1 | | provide that, in lieu of a separate municipality rate for these
| 2 | | employees, a portion of the municipality contributions for such | 3 | | program
participants shall be refunded or an extra charge | 4 | | assessed so that the
amount of municipality contributions | 5 | | retained or received by the fund
for all CETA program | 6 | | participants shall be an amount equal to that which
would be | 7 | | provided by the separate municipality contribution rate for all
| 8 | | such program participants. Refunds shall be made to prime | 9 | | sponsors of
programs upon submission of a claim therefor and | 10 | | extra charges shall be
assessed to participating | 11 | | municipalities and instrumentalities. In
establishing the | 12 | | municipality contribution rate as provided in paragraph
(b) of | 13 | | this Section, the use of a separate municipality contribution
| 14 | | rate for program participants or the refund of a portion of the
| 15 | | municipality contributions, as the case may be, may be | 16 | | considered.
| 17 | | (e) Computations of municipality contribution rates for | 18 | | the
following calendar year shall be made prior to the | 19 | | beginning of each
year, from the information available at the | 20 | | time the computations are
made, and on the assumption that the | 21 | | employees in each participating
municipality or participating | 22 | | instrumentality at such time will continue
in service until the | 23 | | end of such calendar year at their respective rates
of earnings | 24 | | at such time.
| 25 | | (f) Any municipality which is the recipient of State | 26 | | allocations
representing that municipality's contributions for |
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| 1 | | retirement annuity
purposes on behalf of its employees as | 2 | | provided in Section 12-21.16 of
the Illinois Public Aid Code | 3 | | shall pay the allocations so
received to the Board for such | 4 | | purpose. Estimates of State allocations to
be received during | 5 | | any taxable year shall be considered in the
determination of | 6 | | the municipality's tax rate for that year under Section
7-171. | 7 | | If a special tax is levied under Section 7-171, none of the
| 8 | | proceeds may be used to reimburse the municipality for the | 9 | | amount of State
allocations received and paid to the Board. Any | 10 | | multiple-county or
consolidated health department which | 11 | | receives contributions from a county
under Section 11.2 of "An | 12 | | Act in relation to establishment and maintenance
of county and | 13 | | multiple-county health departments", approved July 9, 1943,
as | 14 | | amended, or distributions under Section 3 of the Department of | 15 | | Public
Health Act, shall use these only for municipality | 16 | | contributions by the
health department.
| 17 | | (g) Municipality contributions for the several purposes | 18 | | specified
shall, for township treasurers and employees in the | 19 | | offices of the
township treasurers who meet the qualifying | 20 | | conditions for coverage
hereunder, be allocated among the | 21 | | several school districts and parts of
school districts serviced | 22 | | by such treasurers and employees in the
proportion which the | 23 | | amount of school funds of each district or part of
a district | 24 | | handled by the treasurer bears to the total amount of all
| 25 | | school funds handled by the treasurer.
| 26 | | From the funds subject to allocation among districts and |
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| 1 | | parts of
districts pursuant to the School Code, the trustees | 2 | | shall withhold the
proportionate share of the liability for | 3 | | municipality contributions imposed
upon such districts by this | 4 | | Section, in respect to such township treasurers
and employees | 5 | | and remit the same to the Board.
| 6 | | The municipality contribution rate for an educational | 7 | | service center shall
initially be the same rate for each year | 8 | | as the regional office of
education or school district
which | 9 | | serves as its administrative agent. When actuarial data become
| 10 | | available, a separate rate shall be established as provided in | 11 | | subparagraph
(i) of this Section.
| 12 | | The municipality contribution rate for a public agency, | 13 | | other than a
vocational education cooperative, formed under the | 14 | | Intergovernmental
Cooperation Act shall initially be the | 15 | | average rate for the municipalities
which are parties to the | 16 | | intergovernmental agreement. When actuarial data
become | 17 | | available, a separate rate shall be established as provided in
| 18 | | subparagraph (i) of this Section.
| 19 | | (h) Each participating municipality and participating
| 20 | | instrumentality shall make the contributions in the amounts | 21 | | provided in
this Section in the manner prescribed from time to | 22 | | time by the Board and
all such contributions shall be | 23 | | obligations of the respective
participating municipalities and | 24 | | participating instrumentalities to this
fund. The failure to | 25 | | deduct any employee contributions shall not
relieve the | 26 | | participating municipality or participating instrumentality
of |
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| 1 | | its obligation to this fund. Delinquent payments of | 2 | | contributions
due under this Section may, with interest, be | 3 | | recovered by civil action
against the participating | 4 | | municipalities or participating
instrumentalities. | 5 | | Municipality contributions, other than the amount
necessary | 6 | | for employee contributions and Social Security contributions, | 7 | | for
periods of service by employees from whose earnings no | 8 | | deductions were made
for employee contributions to the fund, | 9 | | may be charged to the municipality
reserve for the municipality | 10 | | or participating instrumentality.
| 11 | | (i) Contributions by participating instrumentalities shall | 12 | | be
determined as provided herein except that the percentage | 13 | | derived under
subparagraph 2 of paragraph (b) of this Section, | 14 | | and the amount payable
under subparagraph 4 of paragraph (a) of | 15 | | this Section, shall be based on
an amortization period of 10 | 16 | | years.
| 17 | | (j) Notwithstanding the other provisions of this Section, | 18 | | the additional unfunded liability accruing as a result of this | 19 | | amendatory Act of the 94th General Assembly
shall be amortized | 20 | | over a period of 30 years beginning on January 1 of the
second | 21 | | calendar year following the calendar year in which this | 22 | | amendatory Act takes effect, except that the employer may | 23 | | provide for a longer amortization period by adopting a | 24 | | resolution or ordinance specifying a 35-year or 40-year period | 25 | | and submitting a certified copy of the ordinance or resolution | 26 | | to the fund no later than June 1 of the calendar year following |
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| 1 | | the calendar year in which this amendatory Act takes effect.
| 2 | | (k) If the amount of a participating employee's reported | 3 | | earnings for any of the 12-month periods used to determine the | 4 | | final rate of earnings exceeds the employee's 12 month reported | 5 | | earnings with the same employer for the previous year by the | 6 | | greater of 6% or 1.5 times the annual increase in the Consumer | 7 | | Price Index-U, as established by the United States Department | 8 | | of Labor for the preceding September, the participating | 9 | | municipality or participating instrumentality that paid those | 10 | | earnings shall pay to the Fund, in addition to any other | 11 | | contributions required under this Article, the present value of | 12 | | the increase in the pension resulting from the portion of the | 13 | | increase in salary that is in excess of the greater of 6% or | 14 | | 1.5 times the annual increase in the Consumer Price Index-U, as | 15 | | determined by the Fund. This present value shall be computed on | 16 | | the basis of the actuarial assumptions and tables used in the | 17 | | most recent actuarial valuation of the Fund that is available | 18 | | at the time of the computation. | 19 | | Whenever it determines that a payment is or may be required | 20 | | under this subsection (k), the fund shall calculate the amount | 21 | | of the payment and bill the participating municipality or | 22 | | participating instrumentality for that amount. The bill shall | 23 | | specify the calculations used to determine the amount due. If | 24 | | the participating municipality or participating | 25 | | instrumentality disputes the amount of the bill, it may, within | 26 | | 30 days after receipt of the bill, apply to the fund in writing |
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| 1 | | for a recalculation. The application must specify in detail the | 2 | | grounds of the dispute. Upon receiving a timely application for | 3 | | recalculation, the fund shall review the application and, if | 4 | | appropriate, recalculate the amount due.
The participating | 5 | | municipality and participating instrumentality contributions | 6 | | required under this subsection (k) may be paid in the form of a | 7 | | lump sum within 90 days after receipt of the bill. If the | 8 | | participating municipality and participating instrumentality | 9 | | contributions are not paid within 90 days after receipt of the | 10 | | bill, then interest will be charged at a rate equal to the | 11 | | fund's annual actuarially assumed rate of return on investment | 12 | | compounded annually from the 91st day after receipt of the | 13 | | bill. Payments must be concluded within 3 years after receipt | 14 | | of the bill by the participating municipality or participating | 15 | | instrumentality. | 16 | | When assessing payment for any amount due under this | 17 | | subsection (k), the fund shall exclude earnings increases | 18 | | resulting from overload or overtime earnings. | 19 | | When assessing payment for any amount due under this | 20 | | subsection (k), the fund shall also exclude earnings increases | 21 | | attributable to standard employment promotions resulting in | 22 | | increased responsibility and workload. | 23 | | This subsection (k) does not apply to earnings increases | 24 | | paid to individuals under contracts or collective bargaining | 25 | | agreements entered into, amended, or renewed before the | 26 | | effective date of this amendatory Act of the 97th General |
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| 1 | | Assembly, earnings increases paid to members who are 10 years | 2 | | or more from retirement eligibility, or earnings increases | 3 | | resulting from an increase in the number of hours required to | 4 | | be worked. | 5 | | When assessing payment for any amount due under this | 6 | | subsection (k), the fund shall also exclude earnings | 7 | | attributable to personnel policies adopted before the | 8 | | effective date of this amendatory Act of the 97th General | 9 | | Assembly as long as those policies are not applicable to | 10 | | employees who begin service on or after the effective date of | 11 | | this amendatory Act of the 97th General Assembly. | 12 | | (Source: P.A. 96-1084, eff. 7-16-10; 96-1140, eff. 7-21-10; | 13 | | revised 9-16-10.)
| 14 | | (40 ILCS 5/7-205) (from Ch. 108 1/2, par. 7-205)
| 15 | | Sec. 7-205. Reserves for annuities. Appropriate reserves | 16 | | shall be created
for payment of all annuities
granted under | 17 | | this Article at the time such annuities are granted and in
| 18 | | amounts determined to be necessary under actuarial tables | 19 | | adopted by the
Board upon recommendation of the actuary of the | 20 | | fund. All annuities payable
shall be charged to the annuity | 21 | | reserve.
| 22 | | 1. Amounts credited to annuity reserves shall be derived by | 23 | | transfer of
all the employee credits from the appropriate | 24 | | employee reserves and by
charges to the municipality reserve of | 25 | | those municipalities in which the
retiring employee has |
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| 1 | | accumulated service. If a retiring employee has
accumulated | 2 | | service in more than one participating municipality or
| 3 | | participating instrumentality, the aggregate municipality | 4 | | charges for non-concurrent service shall be calculated as | 5 | | follows:
| 6 | | (A) for purposes of calculating the annuity reserve, an | 7 | | annuity will be calculated based on service and adjusted | 8 | | earnings with each employer (without regard to the vesting | 9 | | requirement contained in subsection (a) of Section 7-142); | 10 | | and | 11 | | (B) the difference between the municipality charges | 12 | | for the actual annuity granted and the aggregation of the | 13 | | municipality charges based upon the ratio of each from | 14 | | those calculations to the aggregated total from paragraph | 15 | | (A) of this item 1. | 16 | | Aggregate municipality charges for concurrent service | 17 | | shall be prorated based on the employee's earnings. The | 18 | | municipality charges for retirement annuities calculated under | 19 | | subparagraph a. of paragraph 1. of subsection (a) of Section | 20 | | 7-142 shall be prorated based on actual contributions prorated | 21 | | on a basis of the employee's earnings in case of concurrent
| 22 | | service and creditable service in other cases .
| 23 | | 2. Supplemental annuities shall be handled as a separate | 24 | | annuity and
amounts to be credited to the annuity reserve | 25 | | therefor shall be derived in
the same manner as a regular | 26 | | annuity.
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| 1 | | 3. When a retirement annuity is granted to an employee with | 2 | | a spouse
eligible for a surviving spouse annuity, there shall | 3 | | be credited to the
annuity reserve an amount to fund the cost | 4 | | of both the retirement and
surviving spouse annuity as a joint | 5 | | and survivors annuity.
| 6 | | 4. Beginning January 1, 1989, when a retirement annuity is | 7 | | awarded, an
amount equal to the present
value of the $3,000 | 8 | | death benefit payable upon the death of the annuitant
shall be | 9 | | transferred to the annuity reserve from the appropriate
| 10 | | municipality reserves in the same manner as the transfer for | 11 | | annuities.
| 12 | | 5. All annuity reserves shall be revalued annually as of | 13 | | December 31.
Beginning as of December 31, 1973, adjustment | 14 | | required therein by such
revaluation shall be charged or | 15 | | credited to the earnings and experience
variation reserve.
| 16 | | 6. There shall be credited to the annuity reserve all of | 17 | | the
payments
made by annuitants under Section 7-144.2, plus an
| 18 | | additional amount from the
earnings and experience variation | 19 | | reserve to fund the cost of the
incremental annuities granted | 20 | | to annuitants making these payments.
| 21 | | 7. As of December 31, 1972, the excess in the annuity | 22 | | reserve shall be
transferred to the municipality reserves. An | 23 | | amount equal to the deficiency
in the reserve of participating | 24 | | municipalities and participating
instrumentalities which have | 25 | | no participating employees shall be allocated
to their | 26 | | reserves. The remainder shall be allocated in amounts
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| 1 | | proportionate to the present value, as of January 1, 1972, of | 2 | | annuities of
annuitants of the remaining participating | 3 | | municipalities and participating
instrumentalities.
| 4 | | (Source: P.A. 89-136, eff. 7-14-95.)
| 5 | | (40 ILCS 5/7-225 new) | 6 | | Sec. 7-225. Increases in earnings; pension impact | 7 | | statement. Before increasing the earnings of an officer, | 8 | | executive, or manager by 12% or more: | 9 | | (1) the authorities of the respective employer who are | 10 | | authorizing the increase must contact the Illinois | 11 | | Municipal Retirement Fund as to the effect of that increase | 12 | | in salary on the pension benefits of that participant; | 13 | | (2) the Illinois Municipal Retirement Fund must | 14 | | respond with a written "Pension Impact Statement" stating | 15 | | the effect of that increase in salary on the pension | 16 | | benefits of that participant, and any other relevant effect | 17 | | of the increase, including payment of the present value of | 18 | | the increase in benefits resulting from the portion of any | 19 | | increase in salary that is in excess of 6% as provided | 20 | | under subsection (k) of Section 7-172, if applicable; | 21 | | (3) the authorities authorizing this increase must | 22 | | sign the pension impact statement, acknowledging receipt | 23 | | and understanding of the effects of the increase; and | 24 | | (4) the employer must pay the costs associated with the | 25 | | pension impact statement. |
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| 1 | | The provisions of this Section do not apply to any of the | 2 | | following: increases attributable to standard employment | 3 | | promotions resulting in increased responsibility and | 4 | | workloads; earnings increases paid to individuals under | 5 | | contracts or collective bargaining agreements entered into, | 6 | | amended, or renewed before January 1, 2012; earnings increases | 7 | | paid to members who are 10 years or more from retirement | 8 | | eligibility; or earnings increases resulting from an increase | 9 | | in the number of hours required to be worked.
| 10 | | (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
| 11 | | Sec. 14-103.05. Employee.
| 12 | | (a) Any person employed by a Department who receives salary
| 13 | | for personal services rendered to the Department on a warrant
| 14 | | issued pursuant to a payroll voucher certified by a Department | 15 | | and drawn
by the State Comptroller upon the State Treasurer, | 16 | | including an elected
official described in subparagraph (d) of | 17 | | Section 14-104, shall become
an employee for purpose of | 18 | | membership in the Retirement System on the
first day of such | 19 | | employment.
| 20 | | A person entering service on or after January 1, 1972 and | 21 | | prior to January
1, 1984 shall become a member as a condition | 22 | | of employment and shall begin
making contributions as of the | 23 | | first day of employment.
| 24 | | A person entering service on or after January 1, 1984 | 25 | | shall, upon completion
of 6 months of continuous service which |
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| 1 | | is not interrupted by a break of more
than 2 months, become a | 2 | | member as a condition of employment. Contributions
shall begin | 3 | | the first of the month after completion of the qualifying | 4 | | period.
| 5 | | A person employed by the Chicago Metropolitan Agency for | 6 | | Planning on the effective date of this amendatory Act of the | 7 | | 95th General Assembly who was a member of this System as an | 8 | | employee of the Chicago Area Transportation Study and makes an | 9 | | election under Section 14-104.13 to participate in this System | 10 | | for his or her employment with the Chicago Metropolitan Agency | 11 | | for Planning.
| 12 | | The qualifying period of 6 months of service is not | 13 | | applicable to: (1)
a person who has been granted credit for | 14 | | service in a position covered by
the State Universities | 15 | | Retirement System, the Teachers' Retirement System
of the State | 16 | | of Illinois, the General Assembly Retirement System, or the
| 17 | | Judges Retirement System of Illinois unless that service has | 18 | | been forfeited
under the laws of those systems; (2) a person | 19 | | entering service on or
after July 1, 1991 in a noncovered | 20 | | position; (3) a person to whom Section
14-108.2a or 14-108.2b | 21 | | applies; or (4) a person to whom subsection (a-5) of this | 22 | | Section applies.
| 23 | | (a-5) A person entering service on or after December 1, | 24 | | 2010 shall become a member as a condition of employment and | 25 | | shall begin making contributions as of the first day of | 26 | | employment. A person serving in the qualifying period on |
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| 1 | | December 1, 2010 will become a member on December 1, 2010 and | 2 | | shall begin making contributions as of December 1, 2010. | 3 | | (b) The term "employee" does not include the following:
| 4 | | (1) members of the State Legislature, and persons | 5 | | electing to become
members of the General Assembly | 6 | | Retirement System pursuant to Section 2-105;
| 7 | | (2) incumbents of offices normally filled by vote of | 8 | | the people;
| 9 | | (3) except as otherwise provided in this Section, any | 10 | | person
appointed by the Governor with the advice and | 11 | | consent
of the Senate unless that person elects to | 12 | | participate in this system;
| 13 | | (3.1) any person serving as a commissioner of an ethics | 14 | | commission created under the State Officials and Employees | 15 | | Ethics Act unless that person elects to participate in this | 16 | | system with respect to that service as a commissioner;
| 17 | | (3.2) any person serving as a part-time employee in any | 18 | | of the following positions: Legislative Inspector General, | 19 | | Special Legislative Inspector General, employee of the | 20 | | Office of the Legislative Inspector General, Executive | 21 | | Director of the Legislative Ethics Commission, or staff of | 22 | | the Legislative Ethics Commission, regardless of whether | 23 | | he or she is in active service on or after July 8, 2004 | 24 | | (the effective date of Public Act 93-685), unless that | 25 | | person elects to participate in this System with respect to | 26 | | that service; in this item (3.2), a "part-time employee" is |
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| 1 | | a person who is not required to work at least 35 hours per | 2 | | week; | 3 | | (3.3) any person who has made an election under Section | 4 | | 1-123 and who is serving either as legal counsel in the | 5 | | Office of the Governor or as Chief Deputy Attorney General;
| 6 | | (4) except as provided in Section 14-108.2 or | 7 | | 14-108.2c, any person
who is covered or eligible to be | 8 | | covered by the Teachers' Retirement System of
the State of | 9 | | Illinois, the State Universities Retirement System, or the | 10 | | Judges
Retirement System of Illinois;
| 11 | | (5) an employee of a municipality or any other | 12 | | political subdivision
of the State;
| 13 | | (6) any person who becomes an employee after June 30, | 14 | | 1979 as a
public service employment program participant | 15 | | under the Federal
Comprehensive Employment and Training | 16 | | Act and whose wages or fringe
benefits are paid in whole or | 17 | | in part by funds provided under such Act;
| 18 | | (7) enrollees of the Illinois Young Adult Conservation | 19 | | Corps program,
administered by the Department of Natural | 20 | | Resources, authorized grantee
pursuant to Title VIII of the | 21 | | "Comprehensive Employment and Training Act of
1973", 29 USC | 22 | | 993, as now or hereafter amended;
| 23 | | (8) enrollees and temporary staff of programs | 24 | | administered by the
Department of Natural Resources under | 25 | | the Youth
Conservation Corps Act of 1970;
| 26 | | (9) any person who is a member of any professional |
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| 1 | | licensing or
disciplinary board created under an Act | 2 | | administered by the Department of
Professional Regulation | 3 | | or a successor agency or created or re-created
after the | 4 | | effective date of this amendatory Act of 1997, and who | 5 | | receives
per diem compensation rather than a salary, | 6 | | notwithstanding that such per diem
compensation is paid by | 7 | | warrant issued pursuant to a payroll voucher; such
persons | 8 | | have never been included in the membership of this System, | 9 | | and this
amendatory Act of 1987 (P.A. 84-1472) is not | 10 | | intended to effect any change in
the status of such | 11 | | persons;
| 12 | | (10) any person who is a member of the Illinois Health | 13 | | Care Cost
Containment Council, and receives per diem | 14 | | compensation rather than a
salary, notwithstanding that | 15 | | such per diem compensation is paid by warrant
issued | 16 | | pursuant to a payroll voucher; such persons have never been | 17 | | included
in the membership of this System, and this | 18 | | amendatory Act of 1987 is not
intended to effect any change | 19 | | in the status of such persons;
| 20 | | (11) any person who is a member of the Oil and Gas | 21 | | Board created by
Section 1.2 of the Illinois Oil and Gas | 22 | | Act, and receives per diem
compensation rather than a | 23 | | salary, notwithstanding that such per diem
compensation is | 24 | | paid by warrant issued pursuant to a payroll voucher; or
| 25 | | (12) a person employed by the State Board of Higher | 26 | | Education in a position with the Illinois Century Network |
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| 1 | | as of June 30, 2004, who remains continuously employed | 2 | | after that date by the Department of Central Management | 3 | | Services in a position with the Illinois Century Network | 4 | | and participates in the Article 15 system with respect to | 5 | | that employment ; .
| 6 | | (13) any person who first becomes a member of the Civil | 7 | | Service Commission on or after January 1, 2012; | 8 | | (14) any person, other than the Director of Employment | 9 | | Security, who first becomes a member of the Board of Review | 10 | | of the Department of Employment Security on or after | 11 | | January 1, 2012; | 12 | | (15) any person who first becomes a member of the Civil | 13 | | Service Commission on or after January 1, 2012; | 14 | | (16) any person who first becomes a member of the | 15 | | Illinois Liquor Control Commission on or after January 1, | 16 | | 2012; | 17 | | (17) any person who first becomes a member of the | 18 | | Secretary of State Merit Commission on or after January 1, | 19 | | 2012; | 20 | | (18) any person who first becomes a member of the Human | 21 | | Rights Commission on or after January 1, 2012; | 22 | | (19) any person who first becomes a member of the State | 23 | | Mining Board on or after January 1, 2012; | 24 | | (20) any person who first becomes a member of the | 25 | | Property Tax Appeal Board on or after January 1, 2012; | 26 | | (21) any person who first becomes a member of the |
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| 1 | | Illinois Racing Board on or after January 1, 2012; | 2 | | (22) any person who first becomes a member of the | 3 | | Department of State Police Merit Board on or after January | 4 | | 1, 2012; | 5 | | (23) any person who first becomes a member of the | 6 | | Illinois State Toll Highway Authority on or after January | 7 | | 1, 2012; or | 8 | | (24) any person who first becomes a member of the | 9 | | Illinois State Board of Elections on or after January 1, | 10 | | 2012. | 11 | | (c) An individual who represents or is employed as an | 12 | | officer or employee of a statewide labor organization that | 13 | | represents members of this System may participate in the System | 14 | | and shall be deemed an employee, provided that (1) the | 15 | | individual has previously earned creditable service under this | 16 | | Article, (2) the individual files with the System an | 17 | | irrevocable election to become a participant within 6 months | 18 | | after the effective date of this amendatory Act of the 94th | 19 | | General Assembly, and (3) the individual does not receive | 20 | | credit for that employment under any other provisions of this | 21 | | Code. An employee under this subsection (c) is responsible for | 22 | | paying to the System both (i) employee contributions based on | 23 | | the actual compensation received for service with the labor | 24 | | organization and (ii) employer contributions based on the | 25 | | percentage of payroll certified by the board; all or any part | 26 | | of these contributions may be paid on the employee's behalf or |
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| 1 | | picked up for tax purposes (if authorized under federal law) by | 2 | | the labor organization. | 3 | | A person who is an employee as defined in this subsection | 4 | | (c) may establish service credit for similar employment prior | 5 | | to becoming an employee under this subsection by paying to the | 6 | | System for that employment the contributions specified in this | 7 | | subsection, plus interest at the effective rate from the date | 8 | | of service to the date of payment. However, credit shall not be | 9 | | granted under this subsection (c) for any such prior employment | 10 | | for which the applicant received credit under any other | 11 | | provision of this Code or during which the applicant was on a | 12 | | leave of absence.
| 13 | | (Source: P.A. 95-677, eff. 10-11-07; 96-1490, eff. 1-1-11.)
| 14 | | (40 ILCS 5/22-101) (from Ch. 108 1/2, par. 22-101)
| 15 | | Sec. 22-101. Retirement Plan for Chicago Transit Authority | 16 | | Employees.
| 17 | | (a) There shall be established and maintained by the | 18 | | Authority created by
the "Metropolitan Transit Authority Act", | 19 | | approved April 12, 1945, as
amended, (referred to in this | 20 | | Section as the "Authority") a financially sound pension and | 21 | | retirement system adequate to
provide for all payments when due | 22 | | under such established system or as
modified from time to time | 23 | | by ordinance of the Chicago Transit Board or collective | 24 | | bargaining agreement. For
this purpose, the Board must make | 25 | | contributions to the established system as required under this |
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| 1 | | Section and may make any additional contributions provided for | 2 | | by Board ordinance or collective bargaining agreement. The | 3 | | participating employees shall make
such periodic payments to | 4 | | the established system as required under this Section and may | 5 | | make any additional contributions provided for
by
Board | 6 | | ordinance or collective bargaining agreement. | 7 | | Provisions
shall be made by the Board for all officers , | 8 | | except those who first become members on or after January 1, | 9 | | 2012, and employees of
the Authority appointed pursuant to the | 10 | | "Metropolitan Transit Authority
Act" to become, subject to | 11 | | reasonable rules and regulations, participants
of the pension | 12 | | or retirement system with uniform rights,
privileges, | 13 | | obligations and status as to the class in which such officers
| 14 | | and employees belong. The terms, conditions and provisions of | 15 | | any pension
or retirement system or of any amendment or | 16 | | modification thereof affecting
employees who are members of any | 17 | | labor organization may be established,
amended or modified by | 18 | | agreement with such labor organization, provided the terms, | 19 | | conditions and provisions must be consistent with this Act, the | 20 | | annual funding levels for the retirement system established by | 21 | | law must be met and the benefits paid to future participants in | 22 | | the system may not exceed the benefit ceilings set for future | 23 | | participants under this Act and the contribution levels | 24 | | required by the Authority and its employees may not be less | 25 | | than the contribution levels established under this Act.
| 26 | | (b) The Board of Trustees shall consist of 11 members |
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| 1 | | appointed as follows: (i) 5 trustees shall be appointed by the | 2 | | Chicago Transit Board; (ii) 3 trustees shall be appointed by an | 3 | | organization representing the highest number of Chicago | 4 | | Transit Authority participants; (iii) one trustee shall be | 5 | | appointed by an organization representing the second-highest | 6 | | number of Chicago Transit Authority participants; (iv) one | 7 | | trustee shall be appointed by the recognized coalition | 8 | | representatives of participants who are not represented by an | 9 | | organization with the highest or second-highest number of | 10 | | Chicago Transit Authority participants; and (v) one trustee | 11 | | shall be selected by the Regional Transportation Authority | 12 | | Board of Directors, and the trustee shall be a professional | 13 | | fiduciary who has experience in the area of collectively | 14 | | bargained pension plans. Trustees shall serve until a successor | 15 | | has been appointed and qualified, or until resignation, death, | 16 | | incapacity, or disqualification. | 17 | | Any person appointed as a trustee of the board shall | 18 | | qualify by taking an oath of office that he or she will | 19 | | diligently and honestly administer the affairs of the system | 20 | | and will not knowingly violate or willfully permit the | 21 | | violation of any of the provisions of law applicable to the | 22 | | Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110, | 23 | | 1-111, 1-114, and 1-115 of the Illinois Pension Code. | 24 | | Each trustee shall cast individual votes, and a majority | 25 | | vote shall be final and binding upon all interested parties, | 26 | | provided that the Board of Trustees may require a supermajority |
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| 1 | | vote with respect to the investment of the assets of the | 2 | | Retirement Plan, and may set forth that requirement in the | 3 | | Retirement Plan documents, by-laws, or rules of the Board of | 4 | | Trustees. Each trustee shall have the rights, privileges, | 5 | | authority, and obligations as are usual and customary for such | 6 | | fiduciaries. | 7 | | The Board of Trustees may cause amounts on deposit in the | 8 | | Retirement Plan to be invested in those investments that are | 9 | | permitted investments for the investment of moneys held under | 10 | | any one or more of the pension or retirement systems of the | 11 | | State, any unit of local government or school district, or any | 12 | | agency or instrumentality thereof. The Board, by a vote of at | 13 | | least two-thirds of the trustees, may transfer investment | 14 | | management to the Illinois State Board of Investment, which is | 15 | | hereby authorized to manage these investments when so requested | 16 | | by the Board of Trustees.
| 17 | | Notwithstanding any other provision of this Article or any | 18 | | law to the contrary, any person who first becomes a member of | 19 | | the Chicago Transit Board on or after January 1, 2012 shall not | 20 | | be eligible to participate in this Retirement Plan. | 21 | | (c) All individuals who were previously participants in the | 22 | | Retirement Plan for Chicago Transit Authority Employees shall | 23 | | remain participants, and shall receive the same benefits | 24 | | established by the Retirement Plan for Chicago Transit | 25 | | Authority Employees, except as provided in this amendatory Act | 26 | | or by subsequent legislative enactment or amendment to the |
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| 1 | | Retirement Plan. For Authority employees hired on or after the | 2 | | effective date of this amendatory Act of the 95th General | 3 | | Assembly, the Retirement Plan for Chicago Transit Authority | 4 | | Employees shall be the exclusive retirement plan and such | 5 | | employees shall not be eligible for any supplemental plan, | 6 | | except for a deferred compensation plan funded only by employee | 7 | | contributions. | 8 | | For all Authority employees who are first hired on or after | 9 | | the effective date of this amendatory Act of the 95th General | 10 | | Assembly and are participants in the Retirement Plan for | 11 | | Chicago Transit Authority Employees, the following terms, | 12 | | conditions and provisions with respect to retirement shall be | 13 | | applicable: | 14 | | (1) Such participant shall be eligible for an unreduced | 15 | | retirement allowance for life upon the attainment of age 64 | 16 | | with 25 years of continuous service. | 17 | | (2) Such participant shall be eligible for a reduced | 18 | | retirement allowance for life upon the attainment of age 55 | 19 | | with 10 years of continuous service. | 20 | | (3) For the purpose of determining the retirement | 21 | | allowance to be paid to a retiring employee, the term | 22 | | "Continuous Service" as used in the Retirement Plan for | 23 | | Chicago Transit Authority Employees shall also be deemed to | 24 | | include all pension credit for service with any retirement | 25 | | system established under Article 8 or Article 11 of this | 26 | | Code, provided that the employee forfeits and relinquishes |
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| 1 | | all pension credit under Article 8 or Article 11 of this | 2 | | Code, and the contribution required under this subsection | 3 | | is made by the employee. The Retirement Plan's actuary | 4 | | shall determine the contribution paid by the employee as an | 5 | | amount equal to the normal cost of the benefit accrued, had | 6 | | the service been rendered as an employee, plus interest per | 7 | | annum from the time such service was rendered until the | 8 | | date the payment is made. | 9 | | (d) From the effective date of this amendatory Act through | 10 | | December 31, 2008, all participating employees shall | 11 | | contribute to the Retirement Plan in an amount not less than 6% | 12 | | of compensation, and the Authority shall contribute to the | 13 | | Retirement Plan in an amount not less than 12% of compensation.
| 14 | | (e)(1) Beginning January 1, 2009 the Authority shall make | 15 | | contributions to the Retirement Plan in an amount equal to | 16 | | twelve percent (12%) of compensation and participating | 17 | | employees shall make contributions to the Retirement Plan in an | 18 | | amount equal to six percent (6%) of compensation. These | 19 | | contributions may be paid by the Authority and participating | 20 | | employees on a payroll or other periodic basis, but shall in | 21 | | any case be paid to the Retirement Plan at least monthly.
| 22 | | (2) For the period ending December 31, 2040, the amount | 23 | | paid by the Authority in any year with respect to debt service | 24 | | on bonds issued for the purposes of funding a contribution to | 25 | | the Retirement Plan under Section 12c of the Metropolitan | 26 | | Transit Authority Act, other than debt service paid with the |
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| 1 | | proceeds of bonds or notes issued by the Authority for any year | 2 | | after calendar year 2008, shall be treated as a credit against | 3 | | the amount of required contribution to the Retirement Plan by | 4 | | the Authority under subsection (e)(1) for the following year up | 5 | | to an amount not to exceed 6% of compensation paid by the | 6 | | Authority in that following year.
| 7 | | (3) By September 15 of each year beginning in 2009 and | 8 | | ending on December 31, 2039, on the basis of a report prepared | 9 | | by an enrolled actuary retained by the Plan, the Board of | 10 | | Trustees of the Retirement Plan shall determine the estimated | 11 | | funded ratio of the total assets of the Retirement Plan to its | 12 | | total actuarially determined liabilities. A report containing | 13 | | that determination and the actuarial assumptions on which it is | 14 | | based shall be filed with the Authority, the representatives of | 15 | | its participating employees, the Auditor General of the State | 16 | | of Illinois, and the Regional Transportation Authority. If the | 17 | | funded ratio is projected to decline below 60% in any year | 18 | | before 2040, the Board of Trustees shall also determine the | 19 | | increased contribution required each year as a level percentage | 20 | | of payroll over the years remaining until 2040 using the | 21 | | projected unit credit actuarial cost method so the funded ratio | 22 | | does not decline below 60% and include that determination in | 23 | | its report. If the actual funded ratio declines below 60% in | 24 | | any year prior to 2040, the Board of Trustees shall also | 25 | | determine the increased contribution required each year as a | 26 | | level percentage of payroll during the years after the then |
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| 1 | | current year using the projected unit credit actuarial cost | 2 | | method so the funded ratio is projected to reach at least 60% | 3 | | no later than 10 years after the then current year and include | 4 | | that determination in its report. Within 60 days after | 5 | | receiving the report, the Auditor General shall review the | 6 | | determination and the assumptions on which it is based, and if | 7 | | he finds that the determination and the assumptions on which it | 8 | | is based are unreasonable in the aggregate, he shall issue a | 9 | | new determination of the funded ratio, the assumptions on which | 10 | | it is based and the increased contribution required each year | 11 | | as a level percentage of payroll over the years remaining until | 12 | | 2040 using the projected unit credit actuarial cost method so | 13 | | the funded ratio does not decline below 60%, or, in the event | 14 | | of an actual decline below 60%, so the funded ratio is | 15 | | projected to reach 60% by no later than 10 years after the then | 16 | | current year. If the Board of Trustees or the Auditor General | 17 | | determine that an increased contribution is required to meet | 18 | | the funded ratio required by the subsection, effective January | 19 | | 1 following the determination or 30 days after such | 20 | | determination, whichever is later, one-third of the increased | 21 | | contribution shall be paid by participating employees and | 22 | | two-thirds by the Authority, in addition to the contributions | 23 | | required by this subsection (1).
| 24 | | (4) For the period beginning 2040, the minimum contribution | 25 | | to the Retirement Plan for each fiscal year shall be an amount | 26 | | determined by the Board of Trustees of the Retirement Plan to |
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| 1 | | be sufficient to bring the total assets of the Retirement Plan | 2 | | up to 90% of its total actuarial liabilities by the end of | 3 | | 2059. Participating employees shall be responsible for | 4 | | one-third of the required contribution and the Authority shall | 5 | | be responsible for two-thirds of the required contribution. In | 6 | | making these determinations, the Board of Trustees shall | 7 | | calculate the required contribution each year as a level | 8 | | percentage of payroll over the years remaining to and including | 9 | | fiscal year 2059 using the projected unit credit actuarial cost | 10 | | method. A report containing that determination and the | 11 | | actuarial assumptions on which it is based shall be filed by | 12 | | September 15 of each year with the Authority, the | 13 | | representatives of its participating employees, the Auditor | 14 | | General of the State of Illinois and the Regional | 15 | | Transportation Authority. If the funded ratio is projected to | 16 | | fail to reach 90% by December 31, 2059, the Board of Trustees | 17 | | shall also determine the increased contribution required each | 18 | | year as a level percentage of payroll over the years remaining | 19 | | until December 31, 2059 using the projected unit credit | 20 | | actuarial cost method so the funded ratio will meet 90% by | 21 | | December 31, 2059 and include that determination in its report. | 22 | | Within 60 days after receiving the report, the Auditor General | 23 | | shall review the determination and the assumptions on which it | 24 | | is based and if he finds that the determination and the | 25 | | assumptions on which it is based are unreasonable in the | 26 | | aggregate, he shall issue a new determination of the funded |
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| 1 | | ratio, the assumptions on which it is based and the increased | 2 | | contribution required each year as a level percentage of | 3 | | payroll over the years remaining until December 31, 2059 using | 4 | | the projected unit credit actuarial cost method so the funded | 5 | | ratio reaches no less than 90% by December 31, 2059. If the | 6 | | Board of Trustees or the Auditor General determine that an | 7 | | increased contribution is required to meet the funded ratio | 8 | | required by this subsection, effective January 1 following the | 9 | | determination or 30 days after such determination, whichever is | 10 | | later, one-third of the increased contribution shall be paid by | 11 | | participating employees and two-thirds by the Authority, in | 12 | | addition to the contributions required by subsection (e)(1).
| 13 | | (5) Beginning in 2060, the minimum contribution for each | 14 | | year shall be the amount needed to maintain the total assets of | 15 | | the Retirement Plan at 90% of the total actuarial liabilities | 16 | | of the Plan, and the contribution shall be funded two-thirds by | 17 | | the Authority and one-third by the participating employees in | 18 | | accordance with this subsection.
| 19 | | (f) The Authority shall take the steps necessary to comply | 20 | | with Section 414(h)(2) of the Internal Revenue Code of 1986, as | 21 | | amended, to permit the pick-up of employee contributions under | 22 | | subsections (d) and (e) on a tax-deferred basis.
| 23 | | (g) The Board of Trustees shall certify to the Governor, | 24 | | the General Assembly, the Auditor General, the Board of the | 25 | | Regional Transportation Authority, and the Authority at least | 26 | | 90 days prior to the end of each fiscal year the amount of the |
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| 1 | | required contributions to the retirement system for the next | 2 | | retirement system fiscal year under this Section. The | 3 | | certification shall include a copy of the actuarial | 4 | | recommendations upon which it is based. In addition, copies of | 5 | | the certification shall be sent to the Commission on Government | 6 | | Forecasting and Accountability and the Mayor of Chicago.
| 7 | | (h)(1) As to an employee who first becomes entitled to a | 8 | | retirement
allowance commencing on or after November 30, 1989, | 9 | | the
retirement allowance shall be the amount determined in
| 10 | | accordance with the following formula: | 11 | | (A) One percent (1%) of his "Average Annual | 12 | | Compensation
in the highest four (4) completed Plan Years" | 13 | | for each
full year of continuous service from the date of | 14 | | original
employment to the effective date of the Plan; plus | 15 | | (B) One and seventy-five hundredths percent (1.75%) of | 16 | | his
"Average Annual Compensation in the highest four (4)
| 17 | | completed Plan Years" for each year (including fractions
| 18 | | thereof to completed calendar months) of continuous
| 19 | | service as provided for in the Retirement Plan for Chicago | 20 | | Transit Authority Employees. | 21 | | Provided, however that: | 22 | | (2) As to an employee who first becomes entitled to a | 23 | | retirement
allowance commencing on or after January 1, 1993, | 24 | | the retirement
allowance shall be the amount determined in | 25 | | accordance with the
following formula: | 26 | | (A) One percent (1%) of his "Average Annual |
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| 1 | | Compensation
in the highest four (4) completed Plan Years" | 2 | | for each
full year of continuous service from the date of | 3 | | original
employment to the effective date of the Plan; plus | 4 | | (B) One and eighty hundredths percent (1.80%) of his
| 5 | | "Average Annual Compensation in the highest four (4)
| 6 | | completed Plan Years" for each year (including fractions
| 7 | | thereof to completed calendar months) of continuous
| 8 | | service as provided for in the Retirement Plan for Chicago | 9 | | Transit Authority Employees. | 10 | | Provided, however that: | 11 | | (3) As to an employee who first becomes entitled to a | 12 | | retirement
allowance commencing on or after January 1, 1994, | 13 | | the retirement
allowance shall be the amount determined in | 14 | | accordance with the
following formula: | 15 | | (A) One percent (1%) of his "Average Annual | 16 | | Compensation
in the highest four (4) completed Plan Years" | 17 | | for each
full year of continuous service from the date of | 18 | | original
employment to the effective date of the Plan; plus | 19 | | (B) One and eighty-five hundredths percent (1.85%) of | 20 | | his
"Average Annual Compensation in the highest four (4)
| 21 | | completed Plan Years" for each year (including fractions
| 22 | | thereof to completed calendar months) of continuous
| 23 | | service as provided for in the Retirement Plan for Chicago | 24 | | Transit Authority Employees. | 25 | | Provided, however that: | 26 | | (4) As to an employee who first becomes entitled to a |
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| 1 | | retirement
allowance commencing on or after January 1, 2000, | 2 | | the retirement
allowance shall be the amount determined in | 3 | | accordance with the
following formula: | 4 | | (A) One percent (1%) of his "Average Annual | 5 | | Compensation
in the highest four (4) completed Plan Years" | 6 | | for each
full year of continuous service from the date of | 7 | | original
employment to the effective date of the Plan; plus | 8 | | (B) Two percent (2%) of his "Average Annual
| 9 | | Compensation in the highest four (4) completed Plan
Years" | 10 | | for each year (including fractions thereof to
completed | 11 | | calendar months) of continuous service as provided for in | 12 | | the Retirement Plan for Chicago Transit Authority | 13 | | Employees. | 14 | | Provided, however that: | 15 | | (5) As to an employee who first becomes entitled to a | 16 | | retirement
allowance commencing on or after January 1, 2001, | 17 | | the
retirement allowance shall be the amount determined in
| 18 | | accordance with the following formula: | 19 | | (A) One percent (1%) of his "Average Annual | 20 | | Compensation
in the highest four (4) completed Plan Years" | 21 | | for each
full year of continuous service from the date of | 22 | | original
employment to the effective date of the Plan; plus | 23 | | (B) Two and fifteen hundredths percent (2.15%) of his
| 24 | | "Average Annual Compensation in the highest four (4)
| 25 | | completed Plan Years" for each year (including fractions
| 26 | | thereof to completed calendar months) of continuous
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| 1 | | service as provided for in the Retirement Plan for Chicago | 2 | | Transit Authority Employees. | 3 | | The changes made by this amendatory Act of the 95th General | 4 | | Assembly, to the extent that they affect the rights or | 5 | | privileges of Authority employees that are currently the | 6 | | subject of collective bargaining, have been agreed to between | 7 | | the authorized representatives of these employees and of the | 8 | | Authority prior to enactment of this amendatory Act, as | 9 | | evidenced by a Memorandum of Understanding between these | 10 | | representatives that will be filed with the Secretary of State | 11 | | Index Department and designated as "95-GA-C05". The General | 12 | | Assembly finds and declares that those changes are consistent | 13 | | with 49 U.S.C. 5333(b) (also known as Section 13(c) of the | 14 | | Federal Transit Act) because of this agreement between | 15 | | authorized representatives of these employees and of the | 16 | | Authority, and that any future amendments to the provisions of | 17 | | this amendatory Act of the 95th General Assembly, to the extent | 18 | | those amendments would affect the rights and privileges of | 19 | | Authority employees that are currently the subject of | 20 | | collective bargaining, would be consistent with 49 U.S.C. | 21 | | 5333(b) if and only if those amendments were agreed to between | 22 | | these authorized representatives prior to enactment. | 23 | | (i) Early retirement incentive plan; funded ratio.
| 24 | | (1) Beginning on the effective date of this Section, no | 25 | | early retirement incentive shall be offered to | 26 | | participants of the Plan unless the Funded Ratio of the |
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| 1 | | Plan is at least 80% or more.
| 2 | | (2) For the purposes of this Section, the
Funded Ratio | 3 | | shall be the Adjusted Assets divided by the Actuarial
| 4 | | Accrued Liability developed in accordance with Statement | 5 | | #25
promulgated by the Government Accounting Standards | 6 | | Board and the
actuarial assumptions described in the Plan. | 7 | | The Adjusted Assets shall be
calculated based on the | 8 | | methodology described in the Plan. | 9 | | (j) Nothing in this amendatory Act of the 95th General | 10 | | Assembly shall impair the rights or privileges of Authority | 11 | | employees under any other law.
| 12 | | (Source: P.A. 94-839, eff. 6-6-06; 95-708, eff. 1-18-08.)
| 13 | | (40 ILCS 5/22-103)
| 14 | | Sec. 22-103. Regional Transportation Authority and related | 15 | | pension plans. | 16 | | (a) As used in this Section: | 17 | | "Affected pension plan" means a defined-benefit pension | 18 | | plan supported in whole or in part by employer contributions | 19 | | and maintained by the Regional Transportation Authority, the | 20 | | Suburban Bus Division, or the Commuter Rail Division, or any | 21 | | combination thereof, under the general authority of the | 22 | | Regional Transportation Authority Act, including but not | 23 | | limited to any such plan that has been established under or is | 24 | | subject to a collective bargaining agreement or is limited to | 25 | | employees covered by a collective bargaining agreement. |
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| 1 | | "Affected pension plan" does not include any pension fund or | 2 | | retirement system subject to Section 22-101 of this Section. | 3 | | "Authority" means the Regional Transportation Authority | 4 | | created under
the Regional Transportation Authority Act.
| 5 | | "Contributing employer" means an employer that is required | 6 | | to make contributions to an affected pension plan under the | 7 | | terms of that plan. | 8 | | "Funding ratio" means the ratio of an affected pension | 9 | | plan's assets to the present value of its actuarial | 10 | | liabilities, as determined at its latest actuarial valuation in | 11 | | accordance with applicable actuarial assumptions and | 12 | | recommendations.
| 13 | | "Under-funded pension plan" or "under-funded" means an | 14 | | affected pension plan that, at the time of its last actuarial | 15 | | valuation, has a funding ratio of less than 90%.
| 16 | | (b) The contributing employers of each affected pension | 17 | | plan have a general duty to make the required employer | 18 | | contributions to the affected pension plan in a timely manner | 19 | | in accordance with the terms of the plan. A contributing | 20 | | employer must make contributions to the affected pension plan | 21 | | as required under this subsection and, if applicable, | 22 | | subsection (c); a contributing employer may make any additional | 23 | | contributions provided for by the board of the employer or | 24 | | collective bargaining agreement. | 25 | | (c) In the case of an affected pension plan that is | 26 | | under-funded on January 1, 2009 or becomes under-funded at any |
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| 1 | | time after that date, the contributing employers shall | 2 | | contribute to the affected pension plan, in addition to all | 3 | | amounts otherwise required, amounts sufficient to bring the | 4 | | funding ratio of the affected pension plan up to 90% in | 5 | | accordance with an amortization schedule adopted jointly by the | 6 | | contributing employers and the trustee of the affected pension | 7 | | plan. The amortization schedule may extend for any period up to | 8 | | a maximum of 50 years and shall provide for additional employer | 9 | | contributions in substantially equal annual amounts over the | 10 | | selected period. If the contributing employers and the trustee | 11 | | of the affected pension plan do not agree on an appropriate | 12 | | period for the amortization schedule within 6 months of the | 13 | | date of determination that the plan is under-funded, then the | 14 | | amortization schedule shall be based on a period of 50 years. | 15 | | In the case of an affected pension plan that has more than | 16 | | one contributing employer, each contributing employer's share | 17 | | of the total additional employer contributions required under | 18 | | this subsection shall be determined: (i) in proportion to the | 19 | | amounts, if any, by which the respective contributing employers | 20 | | have failed to meet their contribution obligations under the | 21 | | terms of the affected pension plan; or (ii) if all of the | 22 | | contributing employers have met their contribution obligations | 23 | | under the terms of the affected pension plan, then in the same | 24 | | proportion as they are required to contribute under the terms | 25 | | of that plan. In the case of an affected pension plan that has | 26 | | only one contributing employer, that contributing employer is |
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| 1 | | responsible for all of the additional employer contributions | 2 | | required under this subsection. | 3 | | If an under-funded pension plan is determined to have | 4 | | achieved a funding ratio of at least 90% during the period when | 5 | | an amortization schedule is in force under this Section, the | 6 | | contributing employers and the trustee of the affected pension | 7 | | plan, acting jointly, may cancel the amortization schedule and | 8 | | the contributing employers may cease making additional | 9 | | contributions under this subsection for as long as the affected | 10 | | pension plan retains a funding ratio of at least 90%.
| 11 | | (d) Beginning January 1, 2009, if the Authority fails to | 12 | | pay to an affected pension fund within 30 days after it is due | 13 | | (i) any employer contribution that it is required to make as a | 14 | | contributing employer, (ii) any additional employer | 15 | | contribution that it is required to pay under subsection (c), | 16 | | or (iii) any payment that it is required to make under Section | 17 | | 4.02a or 4.02b of the Regional Transportation Authority Act, | 18 | | the trustee of the affected pension fund shall promptly so | 19 | | notify the Commission on Government Forecasting and | 20 | | Accountability, the Mayor of Chicago, the Governor, and the | 21 | | General Assembly. | 22 | | (e) For purposes of determining employer contributions, | 23 | | assets, and actuarial liabilities under this subsection, | 24 | | contributions, assets, and liabilities relating to health care | 25 | | benefits shall not be included.
| 26 | | (f) This amendatory Act of the 94th General Assembly does |
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| 1 | | not affect or impair the right of any contributing employer or | 2 | | its employees to collectively bargain the amount or level of | 3 | | employee contributions to an affected pension plan, to the | 4 | | extent that the plan includes employees subject to collective | 5 | | bargaining.
| 6 | | (g) Notwithstanding any other provision of this Article or | 7 | | any law to the contrary, a person who, on or after the | 8 | | effective date of this amendatory Act of the 97th General | 9 | | Assembly, first becomes a director on the Suburban Bus Board, | 10 | | the Commuter Rail Board, or the Board of Directors of the | 11 | | Regional Transportation Authority shall not be eligible to | 12 | | participate in an affected pension plan. | 13 | | (Source: P.A. 94-839, eff. 6-6-06.)
| 14 | | Section 15. The State Mandates Act is amended by adding | 15 | | Section 8.35 as follows: | 16 | | (30 ILCS 805/8.35 new) | 17 | | Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8 | 18 | | of this Act, no reimbursement by the State is required for the | 19 | | implementation of any mandate created by this amendatory Act of | 20 | | the 97th General Assembly.
| 21 | | Section 99. Effective date. This Section and the changes | 22 | | made to Sections 7-109, 7-141.1, 7-142.1, and 7-145.1 take | 23 | | effect upon becoming law. The remainder of this Act takes | 24 | | effect on January 1, 2012.
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