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| | HB3070 Enrolled | | LRB100 09046 RPS 19195 b |
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1 | | AN ACT concerning public employee benefits.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Pension Code is amended by changing |
5 | | Sections 7-139, 7-139.2, 7-142.1, 7-145.1, and 7-169 as |
6 | | follows:
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7 | | (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
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8 | | (Text of Section WITHOUT the changes made by P.A. 98-599, |
9 | | which has been
held unconstitutional)
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10 | | Sec. 7-139. Credits and creditable service to employees.
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11 | | (a) Each participating employee shall be granted credits |
12 | | and creditable
service, for purposes of determining the amount |
13 | | of any annuity or benefit
to which he or a beneficiary is |
14 | | entitled, as follows:
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15 | | 1. For prior service: Each participating employee who |
16 | | is an employee
of a participating municipality or |
17 | | participating instrumentality on the
effective date shall |
18 | | be granted creditable service, but no credits under
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19 | | paragraph 2 of this subsection (a), for periods of prior |
20 | | service for which
credit has not been received under any |
21 | | other pension fund or retirement system
established under |
22 | | this Code, as follows:
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23 | | If the effective date of participation for the |
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1 | | participating municipality
or participating |
2 | | instrumentality is on or before January 1, 1998, creditable
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3 | | service shall be granted for the entire period of prior |
4 | | service with that
employer without any employee |
5 | | contribution.
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6 | | If the effective date of participation for the |
7 | | participating municipality
or participating |
8 | | instrumentality is after January 1, 1998, creditable
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9 | | service shall be granted for the last 20% of the period of |
10 | | prior service with
that employer, but no more than 5 years, |
11 | | without any employee contribution. A
participating |
12 | | employee may establish creditable service for the |
13 | | remainder of
the period of prior service with that employer |
14 | | by making an application in
writing, accompanied by payment |
15 | | of an employee contribution in an
amount determined by the |
16 | | Fund, based on the employee contribution rates in
effect at |
17 | | the time of application for the creditable service and the |
18 | | employee's
salary rate on the effective date of |
19 | | participation for that employer, plus
interest at the |
20 | | effective rate from the date of the prior service to the |
21 | | date
of payment. Application for this creditable service |
22 | | may be made at any time
while the employee is still in |
23 | | service.
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24 | | A municipality that (i) has at least 35 employees; (ii) |
25 | | is located in a county with at least 2,000,000 inhabitants; |
26 | | and (iii) maintains an independent defined benefit pension |
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1 | | plan for the benefit of its eligible employees may restrict |
2 | | creditable service in whole or in part for periods of prior |
3 | | service with the employer if the governing body of the |
4 | | municipality adopts an irrevocable resolution to restrict |
5 | | that creditable service and files the resolution with the |
6 | | board before the municipality's effective date of |
7 | | participation.
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8 | | Any person who has withdrawn from the service of a |
9 | | participating
municipality
or participating |
10 | | instrumentality prior to the effective date, who reenters
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11 | | the service of the same municipality or participating |
12 | | instrumentality after
the effective date and becomes a |
13 | | participating employee is entitled to
creditable service |
14 | | for prior service as otherwise provided in this
subdivision |
15 | | (a)(1) only if he or she renders 2 years of service as a
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16 | | participating employee after the effective date. |
17 | | Application
for such service must be made while in a |
18 | | participating status.
The salary rate to be used in the |
19 | | calculation of the required employee
contribution, if any, |
20 | | shall be the employee's salary rate at the time of first
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21 | | reentering service with the employer after the employer's |
22 | | effective date of
participation.
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23 | | 2. For current service, each participating employee |
24 | | shall be
credited with:
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25 | | a. Additional credits of amounts equal to each |
26 | | payment of additional
contributions received from him |
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1 | | under Section 7-173, as of the
date the corresponding |
2 | | payment of earnings is payable to him.
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3 | | b. Normal credits of amounts equal to each payment |
4 | | of normal
contributions received from him, as of the |
5 | | date the corresponding payment of
earnings is payable |
6 | | to him, and normal contributions made for the purpose |
7 | | of
establishing out-of-state service credits as |
8 | | permitted under the conditions set
forth in paragraph 6 |
9 | | of this subsection (a).
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10 | | c. Municipality credits in an amount equal to 1.4 |
11 | | times the normal
credits, except those established by |
12 | | out-of-state service credits, as of
the date of |
13 | | computation of any benefit if these credits would |
14 | | increase
the benefit.
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15 | | d. Survivor credits equal to each payment of |
16 | | survivor contributions
received from the participating |
17 | | employee as of the date the
corresponding payment of |
18 | | earnings is payable, and survivor contributions made
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19 | | for the purpose of establishing out-of-state service |
20 | | credits.
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21 | | 3. For periods of temporary and total and permanent |
22 | | disability
benefits, each employee receiving disability |
23 | | benefits shall be granted
creditable service for the period |
24 | | during which disability benefits are
payable. Normal and |
25 | | survivor credits, based upon the rate of earnings
applied |
26 | | for disability benefits, shall also be granted if such |
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1 | | credits
would result in a higher benefit to any such |
2 | | employee or his
beneficiary.
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3 | | 4. For authorized leave of absence without pay: A |
4 | | participating
employee shall be granted credits and |
5 | | creditable service for periods of
authorized leave of |
6 | | absence without pay under the following
conditions:
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7 | | a. An application for credits and creditable |
8 | | service is submitted to the
board while the employee is |
9 | | in a status of
active employment.
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10 | | b. Not more than 12 complete months of creditable |
11 | | service
for authorized leave of absence without pay |
12 | | shall be counted for purposes of
determining any |
13 | | benefits payable under this Article.
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14 | | c. Credits and creditable service shall be granted |
15 | | for leave of
absence only if such leave is approved by |
16 | | the governing body of the
municipality, including |
17 | | approval of the estimated cost thereof to the
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18 | | municipality as determined by the fund, and employee |
19 | | contributions, plus
interest at the effective rate |
20 | | applicable for each year from the end of
the period of |
21 | | leave to date of payment, have been paid to the fund in
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22 | | accordance with Section 7-173. The contributions shall |
23 | | be computed upon the
assumption earnings continued |
24 | | during the period of leave at the rate in
effect when |
25 | | the leave began.
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26 | | d. Benefits under the provisions of Sections |
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1 | | 7-141, 7-146, 7-150
and 7-163 shall become payable to |
2 | | employees on authorized leave of
absence, or their |
3 | | designated beneficiary, only if such leave of absence
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4 | | is creditable hereunder, and if the employee has at |
5 | | least one year of
creditable service other than the |
6 | | service granted for leave of absence.
Any employee |
7 | | contributions due may be deducted from any benefits
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8 | | payable.
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9 | | e. No credits or creditable service shall be |
10 | | allowed for leave of
absence without pay during any |
11 | | period of prior service.
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12 | | 5. For military service: The governing body of a |
13 | | municipality or
participating instrumentality may elect to |
14 | | allow creditable service to
participating employees who |
15 | | leave their employment to serve in the armed
forces of the |
16 | | United States for all periods of such service, provided
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17 | | that the person returns to active employment within 90 days |
18 | | after
completion
of full time active duty, but no |
19 | | creditable service shall be allowed such
person for any |
20 | | period that can be used in the computation of a pension
or |
21 | | any other pay or benefit, other than pay for active duty, |
22 | | for service
in any branch of the armed forces of the United |
23 | | States. If necessary to
the computation of any benefit, the |
24 | | board shall establish municipality
credits for |
25 | | participating employees under this paragraph on the
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26 | | assumption that the employee received earnings at the rate |
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1 | | received at
the time he left the employment to enter the |
2 | | armed forces. A
participating employee in the armed forces |
3 | | shall not be considered an
employee during such period of |
4 | | service and no additional death and no
disability benefits |
5 | | are payable for death or disability during such period.
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6 | | Any participating employee who left his employment |
7 | | with a
municipality or participating instrumentality to |
8 | | serve in the armed
forces of the United States and who |
9 | | again became a participating
employee within 90 days after |
10 | | completion of full time active duty by
entering the service |
11 | | of a different municipality or participating
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12 | | instrumentality, which has elected to allow creditable |
13 | | service for
periods of military service under the preceding |
14 | | paragraph, shall also be
allowed creditable service for his |
15 | | period of military service on the
same terms that would |
16 | | apply if he had been employed, before entering
military |
17 | | service, by the municipality or instrumentality which |
18 | | employed
him after he left the military service and the |
19 | | employer costs arising in
relation to such grant of |
20 | | creditable service shall be charged to and
paid by that |
21 | | municipality or instrumentality.
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22 | | Notwithstanding the foregoing, any participating |
23 | | employee
shall be entitled to creditable service as |
24 | | required by any federal law
relating to re-employment |
25 | | rights of persons who served in the United States
Armed |
26 | | Services. Such creditable service shall be granted upon |
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1 | | payment by
the member of an amount equal to the employee |
2 | | contributions which would
have been required had the |
3 | | employee continued in service at the same
rate of earnings |
4 | | during the military leave period, plus interest at
the |
5 | | effective rate.
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6 | | 5.1. In addition to any creditable service established |
7 | | under
paragraph 5 of this subsection (a), creditable |
8 | | service may be granted for
up to 48 months of service in |
9 | | the armed forces of the United States.
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10 | | In order to receive creditable service for military |
11 | | service under this
paragraph 5.1, a participating employee |
12 | | must (1) apply to the Fund
in writing and provide evidence |
13 | | of the military service that is satisfactory
to the Board; |
14 | | (2) obtain the written approval of the current employer; |
15 | | and (3)
make contributions to the Fund equal to (i)
the |
16 | | employee contributions that would have been required had |
17 | | the service been
rendered as a member, plus (ii) an amount |
18 | | determined by the board to be equal
to the employer's |
19 | | normal cost of the benefits accrued for that military
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20 | | service, plus (iii) interest on items (i) and (ii) from the |
21 | | date of first
membership in the Fund to the date of |
22 | | payment. The required interest shall be
calculated at the |
23 | | regular interest rate.
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24 | | The changes made to this paragraph 5.1 by Public Acts |
25 | | 95-483 and 95-486
apply only to participating employees in |
26 | | service on or after August 28, 2007 (the effective date of |
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1 | | those Public Acts).
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2 | | 6. For out-of-state service: Creditable service shall |
3 | | be granted for
service rendered to an out-of-state local |
4 | | governmental body under the
following conditions: The |
5 | | employee had participated and has irrevocably
forfeited |
6 | | all rights to benefits in the out-of-state public employees
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7 | | pension system; the governing body of his participating |
8 | | municipality or
instrumentality authorizes the employee to |
9 | | establish such service; the
employee has 2 years current |
10 | | service with this municipality or
participating |
11 | | instrumentality; the employee makes a payment of
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12 | | contributions, which shall be computed at 8% (normal) plus |
13 | | 2% (survivor)
times length of service purchased times the |
14 | | average rate of earnings for the
first 2
years of service |
15 | | with the municipality or participating
instrumentality |
16 | | whose governing body authorizes the service established
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17 | | plus interest at the effective rate on the date such |
18 | | credits are
established, payable from the date the employee |
19 | | completes the required 2
years of current service to date |
20 | | of payment. In no case shall more than
120 months of |
21 | | creditable service be granted under this provision.
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22 | | 7. For retroactive service: Any employee who could have |
23 | | but did not
elect to become a participating employee, or |
24 | | who should have been a
participant in the Municipal Public |
25 | | Utilities Annuity and Benefit Fund
before that fund was |
26 | | superseded, may receive creditable service for the
period |
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1 | | of service not to exceed 50 months; however, a current or |
2 | | former
elected or appointed official of a participating |
3 | | municipality may establish credit under this paragraph 7 |
4 | | for more than 50
months of service as an official of that |
5 | | municipality, if the excess over 50 months is approved by |
6 | | resolution of the
governing body of the affected |
7 | | municipality filed with
the Fund before January 1, 2002.
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8 | | Any employee who is a
participating employee on or |
9 | | after September 24, 1981 and who was
excluded from |
10 | | participation by the age restrictions removed by Public Act
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11 | | 82-596 may receive creditable service for the period, on or |
12 | | after January
1, 1979, excluded by the age restriction and, |
13 | | in addition, if the governing
body of the participating |
14 | | municipality or participating instrumentality elects
to |
15 | | allow creditable service for all employees excluded by the |
16 | | age restriction
prior to January 1, 1979, for service |
17 | | during the period prior to that date
excluded by the age |
18 | | restriction. Any employee who was excluded from
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19 | | participation by the age restriction removed by Public Act |
20 | | 82-596 and who is
not a participating employee on or after |
21 | | September 24, 1981 may receive
creditable service for |
22 | | service after January 1,
1979. Creditable service under |
23 | | this paragraph
shall be granted upon payment of the |
24 | | employee contributions
which would have been required had |
25 | | he participated, with interest at the
effective rate for |
26 | | each year from the end of the period of service
established |
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1 | | to date of payment.
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2 | | 8. For accumulated unused sick leave: A participating |
3 | | employee who is
applying for a retirement annuity shall be |
4 | | entitled to creditable service
for that portion of the |
5 | | employee's accumulated unused sick leave
for which payment |
6 | | is not received, as follows:
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7 | | a. Sick leave days shall be limited to those |
8 | | accumulated under a sick
leave plan established by a |
9 | | participating municipality or participating
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10 | | instrumentality which is available to all employees or |
11 | | a class of employees.
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12 | | b. Except as provided in item b-1, only sick leave |
13 | | days accumulated with a participating municipality or
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14 | | participating instrumentality with which the employee |
15 | | was in service within
60 days of the effective date of |
16 | | his retirement annuity shall be credited;
If the |
17 | | employee was in service with more than one employer |
18 | | during this
period only the sick leave days with the |
19 | | employer with which the employee
has the greatest |
20 | | number of unpaid sick leave days shall be considered.
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21 | | b-1. If the employee was in the service of more |
22 | | than one employer as defined in item (2) of paragraph |
23 | | (a) of subsection (A) of Section 7-132, then the sick |
24 | | leave days from all such employers shall be credited, |
25 | | as long as the creditable service attributed to those |
26 | | sick leave days does not exceed the limitation in item |
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1 | | f of this paragraph 8. In calculating the creditable |
2 | | service under this item b-1, the sick leave days from |
3 | | the last employer shall be considered first, then the |
4 | | remaining sick leave days shall be considered until |
5 | | there are no more days or the maximum creditable sick |
6 | | leave threshold under item f of this paragraph 8 has |
7 | | been reached.
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8 | | c. The creditable service granted shall be |
9 | | considered solely for the
purpose of computing the |
10 | | amount of the retirement annuity and shall not be
used |
11 | | to establish any minimum service period required by any |
12 | | provision of the
Illinois Pension Code, the effective |
13 | | date of the retirement annuity, or the
final rate of |
14 | | earnings.
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15 | | d. The creditable service shall be at the rate of |
16 | | 1/20 of a month for
each full sick day, provided that |
17 | | no more than 12 months may be credited
under this |
18 | | subdivision 8.
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19 | | e. Employee contributions shall not be required |
20 | | for creditable service
under this subdivision 8.
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21 | | f. Each participating municipality and |
22 | | participating instrumentality
with which an employee |
23 | | has service within 60 days of the effective date of
his |
24 | | retirement annuity shall certify to the board the |
25 | | number of accumulated
unpaid sick leave days credited |
26 | | to the employee at the time of termination
of service.
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1 | | 9. For service transferred from another system: |
2 | | Credits and
creditable service shall be granted for service |
3 | | under Article 4, 5, 8, 14,
or 16 of this Act, to any active |
4 | | member of this Fund, and to any
inactive member who has |
5 | | been a county sheriff, upon
transfer of such credits |
6 | | pursuant to Section 4-108.3, 5-235,
8-226.7,
14-105.6, or |
7 | | 16-131.4, and payment by the member of the amount by
which |
8 | | (1) the employer and employee contributions that would have |
9 | | been required
if he had participated in this Fund as a |
10 | | sheriff's law enforcement employee
during the period for |
11 | | which credit is
being transferred, plus interest thereon at |
12 | | the effective rate for each
year, compounded annually, from |
13 | | the date of termination of the service for
which credit is |
14 | | being transferred to the date of payment, exceeds (2) the
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15 | | amount actually transferred to the Fund.
Such transferred |
16 | | service shall be deemed to be service as a sheriff's law
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17 | | enforcement employee for the purposes of Section 7-142.1.
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18 | | 10. (Blank).
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19 | | 11. For service transferred from an Article 3 system |
20 | | under Section 3-110.3: Credits and creditable service |
21 | | shall be granted for service under Article 3 of this Act as |
22 | | provided in Section 3-110.3, to any active member of this |
23 | | Fund, upon transfer of such credits pursuant to Section |
24 | | 3-110.3. If the board determines that the amount |
25 | | transferred is less than the true cost to the Fund of |
26 | | allowing that creditable service to be established, then in |
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1 | | order to establish that creditable service, the member must |
2 | | pay to the Fund an additional contribution equal to the |
3 | | difference, as determined by the board in accordance with |
4 | | the rules and procedures adopted under this paragraph. If |
5 | | the member does not make the full additional payment as |
6 | | required by this paragraph prior to termination of his |
7 | | participation with that employer, then his or her |
8 | | creditable service shall be reduced by an amount equal to |
9 | | the difference between the amount transferred under |
10 | | Section 3-110.3, including any payments made by the member |
11 | | under this paragraph prior to termination, and the true |
12 | | cost to the Fund of allowing that creditable service to be |
13 | | established, as determined by the board in accordance with |
14 | | the rules and procedures adopted under this paragraph. |
15 | | The board shall establish by rule the manner of making |
16 | | the calculation required under this paragraph 11, taking |
17 | | into account the appropriate actuarial assumptions; the |
18 | | member's service, age, and salary history, and any other |
19 | | factors that the board determines to be relevant. |
20 | | 12. For omitted service: Any employee who was employed |
21 | | by a participating employer in a position that required |
22 | | participation, but who was not enrolled in the Fund, may |
23 | | establish such credits under the following conditions: |
24 | | a. Application for such credits is received by the |
25 | | Board while the employee is an active participant of |
26 | | the Fund or a reciprocal retirement system. |
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1 | | b. Eligibility for participation and earnings are |
2 | | verified by the Authorized Agent of the participating |
3 | | employer for which the service was rendered. |
4 | | Creditable service under this paragraph shall be |
5 | | granted upon payment of the employee contributions that |
6 | | would have been required had he participated, which shall |
7 | | be calculated by the Fund using the member contribution |
8 | | rate in effect during the period that the service was |
9 | | rendered. |
10 | | (b) Creditable service - amount:
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11 | | 1. One month of creditable service
shall be allowed for |
12 | | each month for which a participating employee made
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13 | | contributions as required under Section 7-173, or for which |
14 | | creditable
service is otherwise granted hereunder. Not |
15 | | more than 1 month of
service shall be credited and counted |
16 | | for 1 calendar month, and not more
than 1 year of service |
17 | | shall be credited and counted for any calendar
year. A |
18 | | calendar month means a nominal month beginning on the first |
19 | | day
thereof, and a calendar year means a year beginning |
20 | | January 1 and ending
December 31.
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21 | | 2. A seasonal employee shall be given 12 months of |
22 | | creditable
service if he renders the number of months of |
23 | | service normally required
by the position in a 12-month |
24 | | period and he remains in service for the
entire 12-month |
25 | | period. Otherwise a fractional year of service in the
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26 | | number of months of service rendered shall be credited.
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1 | | 3. An intermittent employee shall be given creditable |
2 | | service for
only those months in which a contribution is |
3 | | made under Section 7-173.
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4 | | (c) No application for correction of credits or creditable |
5 | | service shall
be considered unless the board receives an |
6 | | application for correction while
(1) the applicant is a |
7 | | participating employee and in active employment
with a |
8 | | participating municipality or instrumentality, or (2) while |
9 | | the
applicant is actively participating in a pension fund or |
10 | | retirement
system which is a participating system under the |
11 | | Retirement Systems
Reciprocal Act. A participating employee or |
12 | | other applicant shall not be
entitled to credits or creditable |
13 | | service unless the required employee
contributions are made in |
14 | | a lump sum or in installments made in accordance
with board |
15 | | rule. Payments made to establish service credit under paragraph |
16 | | 1, 4, 5, 5.1, 6, 7, or 12 of subsection (a) of this Section must |
17 | | be received by the Board while the applicant is an active |
18 | | participant in the Fund or a reciprocal retirement system, |
19 | | except that an applicant may make one payment after termination |
20 | | of active participation in the Fund or a reciprocal retirement |
21 | | system. |
22 | | (d) Upon the granting of a retirement, surviving spouse or |
23 | | child
annuity, a death benefit or a separation benefit, on |
24 | | account of any
employee, all individual accumulated credits |
25 | | shall thereupon terminate.
Upon the withdrawal of additional |
26 | | contributions, the credits applicable
thereto shall thereupon |
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1 | | terminate. Terminated credits shall not be applied
to increase |
2 | | the benefits any remaining employee would otherwise receive |
3 | | under
this Article.
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4 | | (Source: P.A. 97-415, eff. 8-16-11; 98-439, eff. 8-16-13; |
5 | | 98-932, eff. 8-15-14.)
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6 | | (40 ILCS 5/7-139.2) (from Ch. 108 1/2, par. 7-139.2)
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7 | | Sec. 7-139.2. Validation of service credits. An active |
8 | | member of the General Assembly having no service credits or
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9 | | creditable service in the Fund, may establish service credit |
10 | | and
creditable service for periods during which he was an |
11 | | employee of a
municipality in an elective office and could have |
12 | | elected to participate
in the Fund but did not so elect. |
13 | | Service credits and creditable service
may be established by |
14 | | payment to the Fund of an amount equal to the
contributions he |
15 | | would have made
if he had elected to participate plus
interest |
16 | | to the date of payment, together with the applicable
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17 | | municipality credits including interest, but the total period |
18 | | of such
creditable service that may be validated shall not |
19 | | exceed 8 years. Payments made to establish such service credit |
20 | | must be received by the Board while the member is an active |
21 | | participant in the General Assembly Retirement System, except |
22 | | that one payment will be permitted after the member terminates |
23 | | such service.
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24 | | (Source: P.A. 81-1536.)
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1 | | (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1) |
2 | | Sec. 7-142.1. Sheriff's law enforcement employees.
|
3 | | (a) In lieu of the retirement annuity provided by |
4 | | subparagraph 1 of
paragraph (a) of Section 7-142:
|
5 | | Any sheriff's law enforcement employee who
has 20 or more |
6 | | years of service in that capacity and who terminates
service |
7 | | prior to January 1, 1988 shall be entitled at his
option to |
8 | | receive a monthly retirement annuity for his service as a
|
9 | | sheriff's law enforcement employee computed by multiplying 2% |
10 | | for each year
of such service up to 10 years, 2 1/4% for each |
11 | | year
of such service above 10 years and up to 20 years, and
2 |
12 | | 1/2% for each year of such service above
20 years, by his |
13 | | annual final rate of earnings and dividing by 12.
|
14 | | Any sheriff's law enforcement employee who has 20 or more |
15 | | years of
service in that capacity and who terminates service on |
16 | | or after January 1,
1988 and before July 1, 2004 shall be |
17 | | entitled at his option to receive
a monthly retirement
annuity |
18 | | for his service as a sheriff's law enforcement employee |
19 | | computed by
multiplying 2.5% for each year of such service up |
20 | | to 20 years, 2% for each
year of such service above 20 years |
21 | | and up to 30 years, and 1% for each
year of such service above |
22 | | 30 years, by his annual final rate of earnings
and dividing by |
23 | | 12.
|
24 | | Any sheriff's law enforcement employee who has 20 or more |
25 | | years of
service in that capacity and who terminates service on |
26 | | or after July 1,
2004 shall be entitled at his or her option to |
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1 | | receive a monthly retirement
annuity for service as a sheriff's |
2 | | law enforcement employee computed by
multiplying 2.5% for each |
3 | | year of such service by his annual final rate of
earnings and |
4 | | dividing by 12.
|
5 | | If a sheriff's law enforcement employee has service in any |
6 | | other
capacity, his retirement annuity for service as a |
7 | | sheriff's law enforcement
employee may be computed under this |
8 | | Section and the retirement annuity for
his other service under |
9 | | Section 7-142.
|
10 | | In no case shall the total monthly retirement annuity for |
11 | | persons who retire before July 1, 2004 exceed 75% of the
|
12 | | monthly final rate of earnings. In no case shall the total |
13 | | monthly retirement annuity for persons who retire on or after |
14 | | July 1, 2004 exceed 80% of the
monthly final rate of earnings.
|
15 | | (b) Whenever continued group insurance coverage is elected |
16 | | in accordance
with the provisions of Section 367h of the |
17 | | Illinois Insurance Code, as now
or hereafter amended, the total |
18 | | monthly premium for such continued group
insurance coverage or |
19 | | such portion thereof as is not paid
by the municipality shall, |
20 | | upon request of the person electing such
continued group |
21 | | insurance coverage, be deducted from any monthly pension
|
22 | | benefit otherwise payable to such person pursuant to this |
23 | | Section, to be
remitted by the Fund to the insurance company
or |
24 | | other entity providing the group insurance coverage.
|
25 | | (c) A sheriff's law enforcement employee who began service |
26 | | in that capacity prior to the effective date of this amendatory |
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1 | | Act of the 97th General Assembly and who has service in any |
2 | | other
capacity may convert up to 10 years of that service into |
3 | | service as a sheriff's
law enforcement employee by paying to |
4 | | the Fund an amount equal to (1) the
additional employee |
5 | | contribution required under Section 7-173.1, plus (2) the |
6 | | additional employer contribution required under Section 7-172, |
7 | | plus (3) interest on items (1) and (2) at the
prescribed rate |
8 | | from the date of the service to the date of payment.
|
9 | | Application must be received by the Board while the employee is |
10 | | an active participant in the Fund. Payment must be received |
11 | | while the member is an active participant, except that one |
12 | | payment will be permitted after termination of participation. |
13 | | (d) The changes to subsections (a) and (b) of this Section |
14 | | made by this amendatory Act of the 94th General Assembly apply |
15 | | only to persons in service on or after July 1, 2004. In the |
16 | | case of such a person who begins to receive a retirement |
17 | | annuity before the effective date of this amendatory Act of the |
18 | | 94th General Assembly, the annuity shall be recalculated |
19 | | prospectively to reflect those changes, with the resulting |
20 | | increase beginning to accrue on the first annuity payment date |
21 | | following the effective date of this amendatory Act.
|
22 | | (e) Any elected county officer who was entitled to receive |
23 | | a stipend from the State on or after July 1, 2009 and on or |
24 | | before June 30, 2010 may establish earnings credit for the |
25 | | amount of stipend not received, if the elected county official |
26 | | applies in writing to the fund within 6 months after the |
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1 | | effective date of this amendatory Act of the 96th General |
2 | | Assembly and pays to the fund an amount equal to (i) employee |
3 | | contributions on the amount of stipend not received, (ii) |
4 | | employer contributions determined by the Board equal to the |
5 | | employer's normal cost of the benefit on the amount of stipend |
6 | | not received, plus (iii) interest on items (i) and (ii) at the |
7 | | actuarially assumed rate. |
8 | | (f) Notwithstanding any other provision of this Article,
|
9 | | the provisions of this subsection (f) apply to a person who |
10 | | first
becomes a sheriff's law enforcement employee under this |
11 | | Article on or after January 1, 2011. |
12 | | A sheriff's law enforcement employee age 55 or more who has |
13 | | 10 or more years of service in that capacity shall be entitled |
14 | | at his option to receive a monthly retirement annuity for his |
15 | | or her service as a sheriff's law enforcement employee computed |
16 | | by multiplying 2.5% for each year of such service by his or her |
17 | | final rate of earnings. |
18 | | The retirement annuity of a sheriff's law enforcement |
19 | | employee who is retiring after attaining age 50 with 10 or more |
20 | | years of creditable service shall be reduced by one-half of 1% |
21 | | for each month that the sheriff's law enforcement employee's |
22 | | age is under age 55. |
23 | | The maximum retirement annuity under this subsection (f) |
24 | | shall be 75%
of final rate of earnings. |
25 | | For the purposes of this subsection (f), "final rate of |
26 | | earnings" means the average monthly earnings obtained by |
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1 | | dividing the total salary of the sheriff's law enforcement |
2 | | employee during the 96 consecutive months of service within the |
3 | | last 120 months of service in which the total earnings was the |
4 | | highest by the number of months of service in that period. |
5 | | Notwithstanding any other provision of this Article, |
6 | | beginning on January 1, 2011, for all purposes under this Code |
7 | | (including without limitation the calculation of benefits and |
8 | | employee contributions), the annual earnings of a sheriff's law |
9 | | enforcement employee to whom this Section applies shall not |
10 | | include overtime and shall not exceed $106,800; however, that |
11 | | amount shall annually thereafter be increased by the lesser of |
12 | | (i) 3% of that amount, including all previous adjustments, or |
13 | | (ii) one-half the annual unadjusted percentage increase (but |
14 | | not less than zero) in the consumer price index-u for the 12 |
15 | | months ending with the September preceding each November 1, |
16 | | including all previous adjustments. |
17 | | (g) Notwithstanding any other provision of this Article, |
18 | | the monthly annuity
of a person who first becomes a sheriff's |
19 | | law enforcement employee under this Article on or after January |
20 | | 1, 2011 shall be increased on the January 1 occurring either on |
21 | | or after the attainment of age 60 or the first anniversary of |
22 | | the annuity start date, whichever is later. Each annual |
23 | | increase shall be calculated at 3% or one-half the annual |
24 | | unadjusted percentage increase (but not less than zero) in the |
25 | | consumer price index-u for the 12 months ending with the |
26 | | September preceding each November 1, whichever is less, of the |
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1 | | originally granted retirement annuity. If the annual |
2 | | unadjusted percentage change in the consumer price index-u for |
3 | | a 12-month period ending in September is zero or, when compared |
4 | | with the preceding period, decreases, then the annuity shall |
5 | | not be increased. |
6 | | (h) Notwithstanding any other provision of this Article, |
7 | | for a person who first becomes a sheriff's law enforcement |
8 | | employee under this Article on or after January 1, 2011, the |
9 | | annuity to which the surviving spouse, children, or parents are |
10 | | entitled under this subsection (h) shall be in the amount of 66 |
11 | | 2/3% of the sheriff's law enforcement employee's earned annuity |
12 | | at the date of death. |
13 | | (i) Notwithstanding any other provision of this Article, |
14 | | the monthly annuity
of a survivor of a person who first becomes |
15 | | a sheriff's law enforcement employee under this Article on or |
16 | | after January 1, 2011 shall be increased on the January 1 after |
17 | | attainment of age 60 by the recipient of the survivor's annuity |
18 | | and
each January 1 thereafter by 3% or one-half the annual |
19 | | unadjusted percentage increase in the consumer price index-u |
20 | | for the
12 months ending with the September preceding each |
21 | | November 1, whichever is less, of the originally granted |
22 | | pension. If the annual unadjusted percentage change in
the |
23 | | consumer price index-u for a 12-month period ending in |
24 | | September is zero or, when compared with the preceding period, |
25 | | decreases, then the annuity shall not
be increased. |
26 | | (j) For the purposes of this Section, "consumer price |
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1 | | index-u" means the index published by the Bureau of Labor |
2 | | Statistics of the United States Department of Labor that |
3 | | measures the average change in prices of goods and services |
4 | | purchased by all urban consumers, United States city average, |
5 | | all items, 1982-84 = 100. The new amount resulting from each |
6 | | annual adjustment shall be determined by the Public Pension |
7 | | Division of the Department of Insurance and made available to |
8 | | the boards of the pension funds. |
9 | | (Source: P.A. 96-961, eff. 7-2-10; 96-1495, eff. 1-1-11; |
10 | | 97-272, eff. 8-8-11; 97-609, eff. 8-26-11.) |
11 | | (40 ILCS 5/7-145.1) |
12 | | Sec. 7-145.1. Alternative annuity for county officers. |
13 | | (a) The benefits provided in this Section and Section |
14 | | 7-145.2 are available
only if, prior to the effective date of |
15 | | this amendatory Act of the 97th General Assembly, the county |
16 | | board has filed with the Board of the Fund a resolution or
|
17 | | ordinance expressly consenting to the availability of these |
18 | | benefits for its
elected county officers. The county board's |
19 | | consent is irrevocable with
respect to persons participating in |
20 | | the program, but may be revoked at any time
with respect to |
21 | | persons who have not paid an additional optional contribution
|
22 | | under this Section before the date of revocation. |
23 | | An elected county officer may elect to establish |
24 | | alternative credits for
an alternative annuity by electing in |
25 | | writing before the effective date of this amendatory Act of the |
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1 | | 97th General Assembly to make additional optional
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2 | | contributions in accordance with this Section and procedures |
3 | | established
by the board. These alternative credits are |
4 | | available only for periods of
service as an elected county |
5 | | officer. The elected county officer may
discontinue making the |
6 | | additional optional contributions by notifying the
Fund in |
7 | | writing in accordance with this Section and procedures |
8 | | established
by the board. |
9 | | Additional optional contributions for the alternative |
10 | | annuity shall
be as follows: |
11 | | (1) For service as an elected county officer after the |
12 | | option is
elected, an additional contribution of 3% of |
13 | | salary shall be contributed
to the Fund on the same basis |
14 | | and under the same conditions as contributions
required |
15 | | under Section 7-173. |
16 | | (2) For service as an elected county officer before the |
17 | | option is
elected, an additional contribution of 3% of the |
18 | | salary for the applicable
period of service, plus interest |
19 | | at the effective rate from the date of
service to the date |
20 | | of payment, plus any additional amount required by
the |
21 | | county board under paragraph (3). All payments for past |
22 | | service must
be paid in full before credit is given. |
23 | | Payment must be received by the Board while the member is |
24 | | an active participant, except that one payment will be |
25 | | permitted after termination of participation. |
26 | | (3) With respect to service as an elected county |
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1 | | officer before the
option is elected, if payment is made |
2 | | after the county board has filed with
the Board of the Fund |
3 | | a resolution or ordinance requiring an additional
|
4 | | contribution under this paragraph, then the contribution |
5 | | required under
paragraph (2) shall include an amount to be |
6 | | determined by the Fund, equal
to the actuarial present |
7 | | value of the additional employer cost that would
otherwise |
8 | | result from the alternative credits being established for |
9 | | that
service. A county board's resolution or ordinance |
10 | | requiring additional
contributions under this paragraph |
11 | | (3) is irrevocable. Payment must be received by the Board |
12 | | while the member is an active participant, except that one |
13 | | payment will be permitted after termination of |
14 | | participation. |
15 | | No additional optional contributions may be made for any |
16 | | period of service
for which credit has been previously |
17 | | forfeited by acceptance of a refund,
unless the refund is |
18 | | repaid in full with interest at the effective rate from
the |
19 | | date of refund to the date of repayment. |
20 | | (b) In lieu of the retirement annuity otherwise payable |
21 | | under this Article,
an elected county officer who (1) has |
22 | | elected to participate in the Fund and
make additional optional |
23 | | contributions in accordance with this Section, (2)
has held and |
24 | | made additional optional contributions with respect to the same
|
25 | | elected county office for at least 8 years, and (3) has |
26 | | attained
age 55 with at least 8 years of service credit (or has |
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1 | | attained age 50 with at
least 20 years of service as a |
2 | | sheriff's law enforcement employee) may elect
to have his |
3 | | retirement annuity computed as follows: 3% of the participant's
|
4 | | salary for each of the first 8 years
of service credit, plus 4% |
5 | | of that salary for each of the next 4 years of
service credit, |
6 | | plus 5% of that salary for each year of service credit in
|
7 | | excess of 12 years, subject to a maximum of 80% of that salary. |
8 | | This formula applies only to service in an elected county |
9 | | office that the
officer held for at least 8 years, and only to |
10 | | service for which additional
optional contributions have been |
11 | | paid under this Section. If an elected county
officer qualifies |
12 | | to have this formula applied to service in more than one
|
13 | | elected county office, the qualifying service shall be |
14 | | accumulated for purposes
of determining the applicable accrual |
15 | | percentages, but the salary used for each
office shall be the |
16 | | separate salary calculated for that office, as defined in
|
17 | | subsection (g). |
18 | | To the extent that the elected county officer has service |
19 | | credit that does
not qualify for this formula, his retirement |
20 | | annuity will first be determined
in accordance with this |
21 | | formula with respect to the service to which this
formula |
22 | | applies, and then in accordance with the remaining Sections of |
23 | | this
Article with respect to the service to which this formula |
24 | | does not apply. |
25 | | (c) In lieu of the disability benefits otherwise payable |
26 | | under this
Article, an elected county officer who (1) has
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1 | | elected to participate in the Fund, and (2) has become
|
2 | | permanently disabled and as a consequence is unable to perform |
3 | | the duties
of his office, and (3) was making optional |
4 | | contributions in accordance with
this Section at the time the |
5 | | disability was incurred, may elect to receive
a disability |
6 | | annuity calculated in accordance with the formula in subsection
|
7 | | (b). For the purposes of this subsection, an elected county |
8 | | officer shall be
considered permanently disabled only if: (i) |
9 | | disability occurs while in
service as an elected county officer |
10 | | and is of such a nature as to prevent him
from reasonably |
11 | | performing the duties of his office at the time; and (ii) the
|
12 | | board has received a written certification by at least 2 |
13 | | licensed physicians
appointed by it stating that the officer is |
14 | | disabled and that the disability
is likely to be permanent. |
15 | | (d) Refunds of additional optional contributions shall be |
16 | | made on the
same basis and under the same conditions as |
17 | | provided under Section 7-166,
7-167 and 7-168. Interest shall |
18 | | be credited at the effective rate on the
same basis and under |
19 | | the same conditions as for other contributions. |
20 | | If an elected county officer fails to hold that same |
21 | | elected county
office for at least 8 years, he or she shall be |
22 | | entitled after leaving office
to receive a refund of the |
23 | | additional optional contributions made with respect
to that |
24 | | office, plus interest at the effective rate. |
25 | | (e) The plan of optional alternative benefits and |
26 | | contributions shall be
available to persons who are elected |
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1 | | county officers and active contributors
to the Fund on or after |
2 | | November 15, 1994 and elected to establish alternative credit |
3 | | before the effective date of this amendatory Act of the 97th |
4 | | General Assembly. A person who was an elected county
officer |
5 | | and an active contributor to the Fund on November 15, 1994 but |
6 | | is
no longer an active contributor may apply to make additional |
7 | | optional
contributions under this Section at any time within 90 |
8 | | days after the
effective date of this amendatory Act of 1997; |
9 | | if the person is an annuitant,
the resulting increase in |
10 | | annuity shall begin to accrue on the first day of
the month |
11 | | following the month in which the required payment is received |
12 | | by the
Fund. |
13 | | (f) For the purposes of this Section and Section 7-145.2, |
14 | | the terms "elected
county officer" and "elected county office" |
15 | | include, but are not limited to:
(1) the county clerk, |
16 | | recorder, treasurer, coroner, assessor (if elected),
auditor, |
17 | | sheriff, and
State's Attorney; members of the county board; and |
18 | | the clerk of the circuit
court; and (2) a person who has been |
19 | | appointed to fill a vacancy in an
office that is normally |
20 | | filled by election on a countywide basis, for the
duration of |
21 | | his or her service in that office. The terms "elected county
|
22 | | officer" and "elected county office" do not include any officer |
23 | | or office of
a county that has not consented to the |
24 | | availability of benefits under this
Section and Section |
25 | | 7-145.2. |
26 | | (g) For the purposes of this Section and Section 7-145.2, |
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1 | | the term
"salary" means the final rate of earnings for the |
2 | | elected county office held,
calculated in a manner consistent |
3 | | with Section 7-116, but for that office
only. If an elected |
4 | | county officer qualifies to have the formula in subsection
(b) |
5 | | applied to service in more than one elected county office, a |
6 | | separate
salary shall be calculated and applied with respect to |
7 | | each such office. |
8 | | (h) The changes to this Section made by this amendatory Act |
9 | | of the 91st
General Assembly apply to persons who first make an |
10 | | additional optional
contribution under this Section on or after |
11 | | the effective date of this
amendatory Act. |
12 | | (i) Any elected county officer who was entitled to receive |
13 | | a stipend from the State on or after July 1, 2009 and on or |
14 | | before June 30, 2010 may establish earnings credit for the |
15 | | amount of stipend not received, if the elected county official |
16 | | applies in writing to the fund within 6 months after the |
17 | | effective date of this amendatory Act of the 96th General |
18 | | Assembly and pays to the fund an amount equal to (i) employee |
19 | | contributions on the amount of stipend not received, (ii) |
20 | | employer contributions determined by the Board equal to the |
21 | | employer's normal cost of the benefit on the amount of stipend |
22 | | not received, plus (iii) interest on items (i) and (ii) at the |
23 | | actuarially assumed rate. |
24 | | (Source: P.A. 96-961, eff. 7-2-10; 97-272, eff. 8-8-11; 97-609, |
25 | | eff. 8-26-11.) |
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1 | | (40 ILCS 5/7-169) (from Ch. 108 1/2, par. 7-169)
|
2 | | Sec. 7-169. Separation benefits; repayments.
|
3 | | (a) If an employee who has
received a separation benefit |
4 | | subsequently becomes a participating employee,
and renders at |
5 | | least 2 years of contributing service from the date of such
|
6 | | re-entry, he may pay to the fund the amount of the separation |
7 | | benefit, plus
interest at the effective rate for each year from |
8 | | the date of payment of the
separation benefit to the date of |
9 | | repayment. Upon payment his creditable
service shall be |
10 | | reinstated and the payment shall be credited to his account
as |
11 | | normal contributions. Application must be received by the Board |
12 | | while the employee is an active participant in the Fund or a |
13 | | reciprocal retirement system. Payment must be received while |
14 | | the member is an active participant, except that one payment |
15 | | will be permitted after termination of participation in the |
16 | | Fund or a reciprocal retirement system. |
17 | |
(b) Beginning July 1, 2004, the requirement of
returning |
18 | | to service for at least 2 years does not apply to persons who |
19 | | return
to service as a sheriff's law enforcement employee. This |
20 | | subsection applies only to persons in service on or after July |
21 | | 1, 2004. In the case of such a person who begins to receive a |
22 | | retirement annuity before the effective date of this amendatory |
23 | | Act of the 94th General Assembly, the annuity shall be |
24 | | recalculated prospectively to reflect any credits reinstated |
25 | | as a result of this subsection, with the resulting increase in |
26 | | annuity beginning to accrue on the first annuity payment date |