Public Act 102-0871
 
SB3954 EnrolledLRB102 23200 RPS 32362 b


  
    AN ACT concerning public employee benefits.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Illinois Pension Code is amended  by 
changing Sections 16-132 and 16-203 as follows:
 


    (40 ILCS 5/16-132)  (from Ch. 108 1/2, par. 16-132)



    (Text of Section WITHOUT the changes made by P.A. 98-599, 
which has been held unconstitutional)

    Sec. 16-132. Retirement annuity eligibility. A member who 
has at least 20 years of creditable service is entitled to a

retirement annuity upon or after attainment of age 55.
A 
member who has at least 10 but less than 20 years of creditable 
service is
entitled to a retirement annuity upon or after 
attainment of age 60.
A member who has at least 5 but less than 
10 years of creditable service is
entitled to a retirement 
annuity upon or after attainment of age 62.
A member who (i) 
has earned during the period immediately preceding the last

day of service at least one year of contributing creditable 
service as an
employee of a department as defined in Section 
14-103.04, (ii) has earned at
least 5 years of contributing 
creditable service as an employee of a department
as defined 
in Section 14-103.04, and (iii) retires on or after January 1, 
2001
is entitled to a retirement annuity upon or after 
attainment of an age which,
when added to the number of years 
of his or her total creditable service,
equals at least 85.  
Portions of years shall be counted as decimal equivalents.

    A member who is eligible to receive a retirement annuity 
of at least 74.6% of
final average salary and will attain age 
55 on or before December 31 during the
year which commences on 
July 1 shall be deemed to attain age 55 on the
preceding June 
1.

    A member meeting the above eligibility conditions is 
entitled to a retirement
annuity upon written application to 
the board setting forth the date the member
wishes the 
retirement annuity to commence.  However, the effective date of 
the
retirement annuity shall be no earlier than the day 
following the last day of
creditable service, regardless of 
the date of official termination of
employment; except that 
the effective date of a retirement annuity may be after the 
date of official termination of employment as long as such 
employment is for (1) less than 10 days in length and (2) less 
than $2,000 in compensation.

    To be eligible for a retirement annuity, a member shall 
not be employed
as a teacher in the schools included under this 
System or under Article 17,
except (i) as provided in Section 
16-118 or 16-150.1, (ii) if
the member is disabled (in which 
event, eligibility for salary must cease),
or (iii) if the 
System is required by federal law to commence
payment due to 
the member's age; the changes to this sentence made by this

amendatory Act of the 93rd General Assembly apply without

regard to whether the member terminated employment before or 
after its
effective date.

(Source: P.A. 93-320, eff. 7-23-03.)


 
    (40 ILCS 5/16-203)

    Sec. 16-203. Application and expiration of new benefit 
increases.
    (a) As used in this Section, "new benefit increase" means 
an increase in the amount of any benefit provided under this 
Article, or an expansion of the conditions of  eligibility for 
any benefit under this Article, that results from an amendment 
to this Code that takes effect after June 1, 2005 (the 
effective date of Public Act 94-4). "New benefit increase", 
however, does not include any benefit increase resulting from 
the changes made to Article 1 or this Article by Public Act 
95-910, Public Act 100-23, Public Act 100-587, Public Act 
100-743, Public Act 100-769, Public Act 101-10, or Public Act 
101-49, Public Act 102-16, or this amendatory Act of the 102nd 
General Assembly this amendatory Act of the 102nd General 
Assembly.
    (b) Notwithstanding any other provision of this Code or 
any subsequent amendment to this Code, every  new benefit 
increase is subject to this Section and shall be deemed to be 
granted only in conformance with and contingent upon 
compliance with the provisions of this Section.

    (c) The Public Act enacting a new benefit increase must 
identify and provide for payment to the System of additional 
funding at least sufficient to fund the resulting annual 
increase in cost to  the System as it accrues.
    Every  new benefit increase is contingent upon the General 
Assembly providing the additional funding required under this 
subsection. The Commission on Government Forecasting and 
Accountability shall analyze whether adequate additional 
funding has been provided for the new benefit increase and 
shall report its analysis to the Public Pension Division of 
the Department of Insurance.   A new benefit increase created by 
a Public Act that does not include the additional funding 
required under this subsection is null and void. If the Public 
Pension Division determines that the additional funding 
provided for a new benefit increase under this subsection is 
or has become inadequate, it may so certify to the Governor and 
the State Comptroller and, in the absence of corrective  action 
by the General Assembly, the new benefit increase shall expire 
at the end of the fiscal year in which the certification is 
made.

    (d) Every  new benefit increase shall expire 5 years after 
its effective date or on such earlier date as may be specified 
in the language enacting the new benefit increase or provided 
under subsection (c).  This does  not prevent the General 
Assembly from extending or re-creating a new benefit increase 
by law.
    (e) Except as otherwise provided in the language creating 
the new benefit increase,  a new benefit increase that expires 
under this Section continues to apply to persons who applied 
and qualified for the affected benefit while the new benefit 
increase  was in effect and to the affected beneficiaries and 
alternate payees of such persons, but does not apply to any 
other person, including, without limitation, a person  who 
continues in service after the expiration date and did not 
apply and qualify for the affected benefit while the new 
benefit increase was in effect.

(Source: P.A. 101-10, eff. 6-5-19; 101-49, eff. 7-12-19; 
101-81, eff. 7-12-19; 102-16, eff. 6-17-21; 102-558, eff. 
8-20-21; revised 10-15-21.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  

Effective Date:  5/13/2022