State of Illinois
92nd General Assembly
Legislation

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92_HB0963

 
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 1        AN ACT in relation to public employee benefits.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Pension  Code  is  amended  by
 5    changing Sections 7-142 and 7-142.1 as follows:

 6        (40 ILCS 5/7-142) (from Ch. 108 1/2, par. 7-142)
 7        Sec. 7-142.  Retirement annuities - Amount.
 8        (a)  The  amount of a retirement annuity shall be the sum
 9    of the following, determined in accordance with the actuarial
10    tables in effect at the time of the grant of the annuity:
11             1.  For employees with 8 or more years  of  service,
12        an  annuity  computed pursuant to subparagraphs a or b of
13        this subparagraph 1, whichever is  the  higher,  and  for
14        employees  with  less than 8 years of service the annuity
15        computed pursuant to subparagraph a:
16                  a.  The monthly annuity which can  be  provided
17             from  the total accumulated normal, municipality and
18             prior service credits, as of the attained age of the
19             employee on the date  the  annuity  begins  provided
20             that  such annuity shall not exceed 75% of the final
21             rate of earnings of the employee.
22                  b.  (i) The monthly annuity  amount  determined
23             as follows:
24                  If withdrawal occurs before January 1, 2002, by
25             multiplying  (a) 1 2/3% for annuitants with not more
26             than 15 years or (b) 1 2/3% for the first  15  years
27             and  2%  for  each  year  in  excess of 15 years for
28             annuitants with more than 15 years by the number  of
29             years  plus fractional years, prorated on a basis of
30             months,  of  creditable  service  and  multiply  the
31             product thereof by  the  employee's  final  rate  of
 
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 1             earnings.
 2                  If  withdrawal  occurs  on  or after January 1,
 3             2002, by multiplying 2.0% by  the  number  of  years
 4             plus  fractional  years,  prorated  on  a  basis  of
 5             months,  of  creditable  service and multiplying the
 6             product thereof by  the  employee's  final  rate  of
 7             earnings.
 8                  (ii)  For  the  sole  purpose  of computing the
 9             formula (and not for the purposes of the limitations
10             hereinafter stated) $125  shall  be  considered  the
11             final  rate of earnings in all cases where the final
12             rate of earnings is less than such amount.
13                  (iii)  The   monthly   annuity   computed    in
14             accordance  with  this  subparagraph  b,  shall  not
15             exceed  an  amount equal to 75% of the final rate of
16             earnings.
17                  (iv)  For employees who have less than 35 years
18             of service, the annuity computed in accordance  with
19             this  subparagraph  b  (as reduced by application of
20             subparagraph (iii) above) shall be reduced by  0.25%
21             thereof  (0.5%  if  service  was  terminated  before
22             January  1, 1988) for each month or fraction thereof
23             (1) that the employee's age is less than  60  years,
24             or  (2)  if  the  employee  has at least 30 years of
25             service credit, that the employee's  service  credit
26             is  less  than  35  years, whichever is less, on the
27             date the annuity begins.
28             2.  The annuity which can be provided from the total
29        accumulated additional credits as of the attained age  of
30        the employee on the date the annuity begins.
31        (b)  If  payment  of  an  annuity  begins  prior  to  the
32    earliest  age  at which the employee will become eligible for
33    an  old  age  insurance  benefit  under  the  Federal  Social
34    Security Act, he may elect that  the  annuity  payments  from
 
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 1    this fund shall exceed those payable after his attaining such
 2    age  by  an  amount,  computed  as determined by rules of the
 3    Board, but not in excess of  his  estimated  Social  Security
 4    Benefit,  determined as of the effective date of the annuity,
 5    provided that in no case shall  the  total  annuity  payments
 6    made by this fund exceed in actuarial value the annuity which
 7    would have been payable had no such election been made.
 8        (c)  The  retirement annuity shall be increased each year
 9    by 2%, not compounded, of  the  monthly  amount  of  annuity,
10    taking  into consideration any adjustment under paragraph (b)
11    of this  Section.  This  increase  shall  be  effective  each
12    January  1  and  computed  from  the  effective  date  of the
13    retirement annuity, the first increase  being  .167%  of  the
14    monthly  amount times the number of months from the effective
15    date to January 1. Beginning January 1, 1984 and  thereafter,
16    the  retirement  annuity  shall be increased by 3% each year,
17    not compounded. This increase  shall  not  be  applicable  to
18    annuitants  who  are  not in service on or after September 8,
19    1971.
20    (Source: P.A. 91-357, eff. 7-29-99.)

21        (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1)
22        Sec. 7-142.1.  Sheriff's law enforcement employees.
23        (a)  In  lieu  of  the  retirement  annuity  provided  by
24    subparagraph 1 of paragraph (a) of Section 7-142:
25        Any sheriff's law enforcement employee who has 20 or more
26    years of service in that capacity and who terminates  service
27    prior  to  January 1, 1988 shall be entitled at his option to
28    receive a monthly retirement annuity for  his  service  as  a
29    sheriff's law enforcement employee computed by multiplying 2%
30    for each year of such service up to 10 years, 2 1/4% for each
31    year of such service above 10 years and up to 20 years, and 2
32    1/2%  for  each  year  of such service above 20 years, by his
33    annual final rate of earnings and dividing by 12.
 
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 1        Any sheriff's law enforcement employee who has 20 or more
 2    years of service in that capacity and who terminates  service
 3    on  or after January 1, 1988 and before January 1, 2002 shall
 4    be entitled at his option to  receive  a  monthly  retirement
 5    annuity  for  his  service  as  a  sheriff's  law enforcement
 6    employee computed by multiplying 2.5% for each year  of  such
 7    service  up  to  20  years,  2% for each year of such service
 8    above 20 years and up to 30 years, and 1% for  each  year  of
 9    such  service  above  30  years,  by his annual final rate of
10    earnings and dividing by 12.
11        Any sheriff's law enforcement employee who has 20 or more
12    years of service in that capacity and who terminates  service
13    on  or  after January 1, 2002 shall be entitled at his or her
14    option to receive a monthly retirement annuity for service as
15    a sheriff's law enforcement employee computed by  multiplying
16    2.5%  for  each year of such service by his annual final rate
17    of earnings and dividing by 12.
18        If a sheriff's law enforcement employee  has  service  in
19    any  other  capacity, his retirement annuity for service as a
20    sheriff's law enforcement employee may be computed under this
21    Section and the retirement  annuity  for  his  other  service
22    under Section 7-142.
23        In  no  case  shall  the total monthly retirement annuity
24    exceed 75% of the monthly final rate of earnings.
25        (b)  Whenever  continued  group  insurance  coverage   is
26    elected  in accordance with the provisions of Section 367h of
27    the Illinois Insurance Code, as now or hereafter amended, the
28    total monthly premium  for  such  continued  group  insurance
29    coverage  or  such  portion  thereof  as  is  not paid by the
30    municipality shall, upon request of the person electing  such
31    continued  group  insurance  coverage,  be  deducted from any
32    monthly pension benefit  otherwise  payable  to  such  person
33    pursuant  to  this Section, to be remitted by the Fund to the
34    insurance  company  or  other  entity  providing  the   group
 
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 1    insurance coverage.
 2    (Source: P.A. 85-941.)

 3        Section  90.  The State Mandates Act is amended by adding
 4    Section 8.25 as follows:

 5        (30 ILCS 805/8.25 new)
 6        Sec. 8.25. Exempt mandate.   Notwithstanding  Sections  6
 7    and  8 of this Act, no reimbursement by the State is required
 8    for  the  implementation  of  any  mandate  created  by  this
 9    amendatory Act of the 92nd General Assembly.

10        Section 99. Effective date.  This Act takes  effect  upon
11    becoming law.

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