HB 4027 — PEN CD-VARIOUS
Last action — Session Sine Die
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 100th Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Amends the Illinois Pension Code. In Articles 2, 14, 15, 16, and 17, requires active Tier 1 employees to elect either (i) to have automatic annual increases in retirement and survivor's annuities delayed and reduced or (ii) to maintain current benefits except for additional limits on pensionable salary; provides additional benefits to persons electing item (i). Makes funding changes, including shifting certain costs to employers under Articles 15 and 16. Restricts participation in the General Assembly Retirement System to persons who became participants before the effective date. In Articles 14, 15, and 16, requires those Systems to offer an optional accelerated benefit payment to certain members in lieu of receiving a pension. Provides separate benefits for certain persons who become participants under Article 14, 15, or 16. Requires those retirement systems to establish a defined contribution plan for certain members; in Articles 7, 8, 9, 10, 11, 12, 13, and 17, establishes similar benefits if the governing body of the unit of local government adopts those benefits. In Article 17, requires the State to contribute $215,200,000 for fiscal year 2017. Provides a continuing appropriation for the Article 17 State contribution and for certain consideration payments. Amends various Acts to make conforming changes. Provides for the transfer of certain amounts to the Pension Stabilization Fund. Amends the Illinois Educational Labor Relations Act and the Illinois Public Labor Relations Act to prohibit bargaining and interest arbitration regarding certain changes made by the amendatory Act; exempts certain existing agreements. Makes other changes. Includes severability provisions. Effective immediately.
Bill Text
What changed in the latest version
337 added · 375 removedPlain-language change summary
The recent changes to Bill HB 4027 primarily involve the specific provisions related to pension benefits for Tier 1 employees. The amendment now requires these employees to choose between a delayed and reduced annual increase in their retirement benefits or maintaining their current benefits with stricter salary limits. This adjustment is significant as it provides options for employees while also addressing the state's pension funding challenges, potentially impacting state finances in the long term. Additionally, the bill now includes new provisions for certain retirement system members to have access to an accelerated benefit payment, which could offer more flexibility for their retirement planning.
*LRB10012038EFG24080b* HB4027 100THEngrossed GENERALLRB100 ASSEMBLY12038 StateEFG of24080 Illinoisb andAN 2018ACT HB4027concerning bypublic Rep.employee benefits.
Jim Durkin SYNOPSIS AS INTRODUCED:
See Index Amends the Illinois Pension Code.
In Articles 2, 14, 15, 16, and 17, requires active Tier 1 employees to elect either (i) to have automatic annual increases in retirement and survivor's annuities delayed and reduced or (ii) to maintain current benefits except for additional limits on pensionable salary;
provides additional benefits to persons electing item (i).
Makes funding changes, including shifting certain costs to employers under Articles 15 and 16.
Restricts participation in the General Assembly Retirement System to persons who became participants before the effective date.
In Articles 14, 15, and 16, requires those Systems to offer an optional accelerated benefit payment to certain members in lieu of receiving a pension.
Provides separate benefits for certain persons who become participants under Article 14, 15, or 16.
Requires those retirement systems to establish a defined contribution plan for certain members;
in Articles 7, 8, 9, 10, 11, 12, 13, and 17, establishes similar benefits if the governing body of the unit of local government adopts those benefits.
In Article 17, requires the State to contribute $215,200,000 for fiscal year 2017.
Provides a continuing appropriation for the Article 17 State contribution and for certain consideration payments.
Amends various Acts to make conforming changes.
Provides for the transfer of certain amounts to the Pension Stabilization Fund.
Amends the Illinois Educational Labor Relations Act and the Illinois Public Labor Relations Act to prohibit bargaining and interest arbitration regarding certain changes made by the amendatory Act;
exempts certain existing agreements.
Makes other changes.
Includes severability provisions.
Effective immediately.
LRB100 12038 EFG 24080 b FISCAL NOTE ACT PENSION IMPACT STATE MANDATES MAY APPLY NOTE ACT MAY ACT MAY REQUIRE APPLY REIMBURSEMENT A BILL FOR HB4027 LRB100 12038 EFG 24080 b AN ACT concerning public employee benefits.
The provisions of this Section shall not HB4027 Engrossed - 2 - LRB100 12038 EFG 24080 b apply to an employment contract or collective bargaining agreement that is in effect on the effective date of this amendatory Act of the 100th General Assembly.
Subject to and except for HB4027 Engrossed - 3 - LRB100 12038 EFG 24080 b the matters set forth in subsection (a) of this Section that are deemed prohibited subjects of bargaining, nothing in this Section shall be construed as otherwise limiting any of the rights of employees or employee representatives under the provisions of this Act.
Nothing in this Act or any other law precludes a public employer from making an HB4027 Engrossed - 4 - LRB100 12038 EFG 24080 b agreement with a labor organization to require as a condition of employment the payment of a fair share under paragraph (e) of Section 6;
provided, that nothing in this HB4027 Engrossed - 5 - LRB100 12038 EFG 24080 b subsection shall be construed to limit an employer's right to internally communicate with its employees as provided in subsection (c) of this Section, to be represented on any matter pertaining to unit determinations, unfair labor practice charges or pre-election conferences in any formal or informal proceeding before the Board, or to seek or obtain advice from legal counsel.
(1) to restrain or coerce public employees in the exercise of the rights guaranteed in this Act, provided, (i) that this paragraph shall not impair the right of a HB4027 Engrossed - 6 - LRB100 12038 EFG 24080 b labor organization to prescribe its own rules with respect to the acquisition or retention of membership therein or the determination of fair share payments and (ii) that a labor organization or its agents shall commit an unfair labor practice under this paragraph in duty of fair representation cases only by intentional misconduct in representing employees under this Act;
(7) to picket or cause to be picketed, or threaten to picket or cause to be picketed, any public employer where HB4027 Engrossed - 7 - LRB100 12038 EFG 24080 b an object thereof is forcing or requiring an employer to recognize or bargain with a labor organization of the representative of its employees, or forcing or requiring the employees of an employer to accept or select such labor organization as their collective bargaining representative, unless such labor organization is currently certified as the representative of such employees:
provided further, that nothing in HB4027 Engrossed - 8 - LRB100 12038 EFG 24080 b this subparagraph shall be construed to prohibit any picketing or other publicity for the purpose of truthfully advising the public that an employer does not employ members of, or have a contract with, a labor organization unless an effect of such picketing is to induce any individual employed by any other person in the course of his employment, not to pick up, deliver, or transport any goods or not to perform any services;
(a) In case of any conflict between the provisions of this Act and any other law (other than Section 5 of the State Employees Group Insurance Act of 1971 and other than the HB4027 Engrossed - 9 - LRB100 12038 EFG 24080 b changes made to the Illinois Pension Code by this amendatory Act of the 96th General Assembly), executive order or administrative regulation relating to wages, hours and conditions of employment and employment relations, the provisions of this Act or any collective bargaining agreement negotiated thereunder shall prevail and control.
(c) It is the public policy of this State, pursuant to HB4027 Engrossed - 10 - LRB100 12038 EFG 24080 b paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution, that the provisions of this Act are the exclusive exercise by the State of powers and functions which might otherwise be exercised by home rule units.
The Department may define these and other words and phrases separately for the purpose of implementing specific programs providing benefits under this HB4027 Engrossed - 11 - LRB100 12038 EFG 24080 b Act.
(2) any person who was receiving group insurance HB4027 Engrossed - 12 - LRB100 12038 EFG 24080 b coverage under this Act as of March 31, 1978 by reason of his status as an annuitant, even though the annuity in relation to which such coverage was provided is a proportional annuity based on less than the minimum period of service required for a retirement annuity in the system involved;
(c) "Carrier" means (1) an insurance company, a corporation HB4027 Engrossed - 13 - LRB100 12038 EFG 24080 b organized under the Limited Health Service Organization Act or the Voluntary Health Services Plan Act, a partnership, or other nongovernmental organization, which is authorized to do group life or group health insurance business in Illinois, or (2) the State of Illinois as a self-insurer.
HB4027 Engrossed - 14 - LRB100 12038 EFG 24080 b (e) "Commission" means the State Employees Group Insurance Advisory Commission authorized by this Act.
(h) "Dependent", when the term is used in the context of HB4027 Engrossed - 15 - LRB100 12038 EFG 24080 b the health and life plan, means a member's spouse and any child (1) from birth to age 26 including an adopted child, a child who lives with the member from the time of the filing of a petition for adoption until entry of an order of adoption, a stepchild or adjudicated child, or a child who lives with the member if such member is a court appointed guardian of the child or (2) age 19 or over who has a mental or physical disability from a cause originating prior to the age of 19 (age 26 if enrolled as an adult child dependent).
(k) "Employee" means and includes each officer or employee HB4027 Engrossed - 16 - LRB100 12038 EFG 24080 b in the service of a department who (1) receives his compensation for service rendered to the department on a warrant issued pursuant to a payroll certified by a department or on a warrant or check issued and drawn by a department upon a trust, federal or other fund or on a warrant issued pursuant to a payroll certified by an elected or duly appointed officer of the State or who receives payment of the performance of personal services on a warrant issued pursuant to a payroll certified by a Department and drawn by the Comptroller upon the State Treasurer against appropriations made by the General Assembly from any fund or against trust funds held by the State Treasurer, and (2) is employed full-time or part-time in a position normally requiring actual performance of duty during not less than 1/2 of a normal work period, as established by the Director in cooperation with each department, except that persons elected by popular vote will be considered employees during the entire term for which they are elected regardless of hours devoted to the service of the State, and (3) except that "employee" does not include any person who is not eligible by reason of such person's employment to participate in one of the State retirement systems under Articles 2, 14, 15 (either the regular Article 15 system or the optional retirement program established under Section 15-158.2) or 18, or under paragraph (2), (3), or (5) of Section 16-106, of the Illinois Pension Code, but such term does include persons who are employed during the 6 month qualifying period under Article 14 of the HB4027 Engrossed - 17 - LRB100 12038 EFG 24080 b Illinois Pension Code.
"Employee" also includes (i) each officer or employee in the service of a qualified local government, including persons appointed as trustees of sanitary districts regardless of hours devoted to HB4027 Engrossed - 18 - LRB100 12038 EFG 24080 b the service of the sanitary district, (ii) each employee in the service of a qualified rehabilitation facility, (iii) each full-time employee in the service of a qualified domestic violence shelter or service, and (iv) each full-time employee in the service of a qualified child advocacy center, as determined according to rules promulgated by the Director.
HB4027 Engrossed - 19 - LRB100 12038 EFG 24080 b (o) "Health plan" means a health benefits program offered by the State of Illinois for persons eligible for the plan.
and (3) the surviving dependent of a person who was an annuitant under this Act by virtue of receiving an alternative retirement cancellation payment under Section HB4027 Engrossed - 20 - LRB100 12038 EFG 24080 b 14-108.5 of the Illinois Pension Code.
(s) "Unit of local government" means any county, municipality, township, school district (including a combination of school districts under the Intergovernmental Cooperation Act), special district or other unit, designated as a unit of local government by law, which exercises limited governmental powers or powers in respect to limited governmental subjects, any not-for-profit association with a membership that primarily includes townships and township officials, that has duties that include provision of research service, dissemination of information, and other acts for the purpose of improving township government, and that is funded HB4027 Engrossed - 21 - LRB100 12038 EFG 24080 b wholly or partly in accordance with Section 85-15 of the Township Code;
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HB4027 Engrossed - 22 - LRB100 12038 EFG 24080 b (u) "Qualified domestic violence shelter or service" means any Illinois domestic violence shelter or service and its administrative offices funded by the Department of Human Services (as successor to the Illinois Department of Public Aid), approved by the Director and participating in a program created under subsection (k) of Section 10.
(A) spouse, (B) dependent parent who is receiving at least half of his or HB4027 Engrossed - 23 - LRB100 12038 EFG 24080 b her support from the TRS benefit recipient, or (C) natural, step, adjudicated, or adopted child who is (i) under age 26, (ii) was, on January 1, 1996, participating as a dependent beneficiary in the health insurance program offered under Article 16 of the Illinois Pension Code, or (iii) age 19 or over who has a mental or physical disability from a cause originating prior to the age of 19 (age 26 if enrolled as an adult child).
and (2) is receiving a monthly survivor's annuity or HB4027 Engrossed - 24 - LRB100 12038 EFG 24080 b retirement annuity under Article 15 of the Illinois Pension Code;
(A) spouse, (B) dependent parent who is receiving at least half of his or her support from the community college benefit recipient, or (C) natural, step, adjudicated, or adopted child who is (i) under age 26, or (ii) age 19 or over and has a mental or physical disability from a cause originating prior to the age of 19 (age 26 if enrolled as HB4027 Engrossed - 25 - LRB100 12038 EFG 24080 b an adult child).
(a) The State shall pay the cost of basic non-contributory group life insurance and, subject to member paid contributions set by the Department or required by this Section and except as provided in this Section, the basic program of group health benefits on each eligible member, except a member, not otherwise covered by this Act, who has retired as a HB4027 Engrossed - 26 - LRB100 12038 EFG 24080 b participating member under Article 2 of the Illinois Pension Code but is ineligible for the retirement annuity under Section 2-119 of the Illinois Pension Code, and part of each eligible member's and retired member's premiums for health insurance coverage for enrolled dependents as provided by Section 9.
The cost of participation in the basic program of group health benefits for the dependent or survivor of a living or deceased retired employee who was formerly employed by the University of Illinois in the Cooperative Extension Service and HB4027 Engrossed - 27 - LRB100 12038 EFG 24080 b would be an annuitant but for the fact that he or she was made ineligible to participate in the State Universities Retirement System by clause (4) of subsection (a) of Section 15-107 of the Illinois Pension Code shall not be greater than the cost of participation that would otherwise apply to that dependent or survivor if he or she were the dependent or survivor of an annuitant under the State Universities Retirement System.
(a-8.5) Beginning on the effective date of this amendatory Act of the 97th General Assembly, the Director of Central Management Services shall, on an annual basis, determine the HB4027 Engrossed - 28 - LRB100 12038 EFG 24080 b amount that the State shall contribute toward the basic program of group health benefits on behalf of annuitants (including individuals who (i) participated in the General Assembly Retirement System, the State Employees' Retirement System of Illinois, the State Universities Retirement System, the Teachers' Retirement System of the State of Illinois, or the Judges Retirement System of Illinois and (ii) qualify as annuitants under subsection (b) of Section 3 of this Act), survivors (including individuals who (i) receive an annuity as a survivor of an individual who participated in the General Assembly Retirement System, the State Employees' Retirement System of Illinois, the State Universities Retirement System, the Teachers' Retirement System of the State of Illinois, or the Judges Retirement System of Illinois and (ii) qualify as survivors under subsection (q) of Section 3 of this Act), and retired employees (as defined in subsection (p) of Section 3 of this Act).
Contributions may be based on annuitants', survivors', or HB4027 Engrossed - 29 - LRB100 12038 EFG 24080 b retired employees' Medicare eligibility, but may not be based on Social Security eligibility.
The Department may promulgate HB4027 Engrossed - 30 - LRB100 12038 EFG 24080 b rules further defining the methodology for the transfers.
If the employee elects coverage, the State shall contribute on behalf of such employee to the cost of the employee's benefit and any HB4027 Engrossed - 31 - LRB100 12038 EFG 24080 b applicable dependent supplement, that sum which bears the same percentage as that percentage of time the employee regularly works when compared to normal work period.
(e) Where the person is in non-pay status for a period in excess of 30 days or on leave of absence, other than by reason of disability, educational or sabbatical leave, or military leave, such person may continue coverage only by making personal payment equal to the amount normally contributed by HB4027 Engrossed - 32 - LRB100 12038 EFG 24080 b the State on such person's behalf.
Such persons electing coverage may HB4027 Engrossed - 33 - LRB100 12038 EFG 24080 b participate only by making payment equal to the amount normally contributed by the State for similarly situated employees.
A unit of local government must remit the entire cost of providing coverage under the State group health benefits plan or, for coverage under a health maintenance organization, an amount determined by the Director based on an analysis of the sex, age, geographic location, or other relevant demographic variables for its employees, except that the unit of local government shall not be required to enroll those of its employees who are covered spouses or dependents under this plan or another group policy or plan providing health benefits as long as (1) an appropriate official from the unit of local government attests that each employee not enrolled is a covered spouse or HB4027 Engrossed - 34 - LRB100 12038 EFG 24080 b dependent under this plan or another group policy or plan, and (2) at least 50% of the employees are enrolled and the unit of local government remits the entire cost of providing coverage to those employees, except that a participating school district must have enrolled at least 50% of its full-time employees who have not waived coverage under the district's group health plan by participating in a component of the district's cafeteria plan.
The unit of local HB4027 Engrossed - 35 - LRB100 12038 EFG 24080 b government shall be responsible for timely collection and transmission of dependent premiums.
In the case of coverage of local government employees under a health maintenance organization, the Director shall annually determine for each participating unit of local government the maximum monthly amount the unit may contribute toward that coverage, based on an analysis of (i) the age, sex, geographic location, and other relevant demographic variables of the unit's employees and (ii) the cost to cover those employees HB4027 Engrossed - 36 - LRB100 12038 EFG 24080 b under the State group health benefits plan.
All expenditures from this Fund shall be used for payments for health care benefits for local government and rehabilitation facility employees, annuitants, and dependents, and to reimburse the Department or its administrative service organization for all expenses incurred HB4027 Engrossed - 37 - LRB100 12038 EFG 24080 b in the administration of benefits.
Employees of a participating rehabilitation facility who are not enrolled due to coverage under another group health policy or plan may enroll in the event of a qualifying change in status, special enrollment, HB4027 Engrossed - 38 - LRB100 12038 EFG 24080 b special circumstance as defined by the Director, or during the annual Benefit Choice Period.
Monthly payments by the rehabilitation facility or its employees for group health benefits shall be deposited in the HB4027 Engrossed - 39 - LRB100 12038 EFG 24080 b Local Government Health Insurance Reserve Fund.
The domestic violence HB4027 Engrossed - 40 - LRB100 12038 EFG 24080 b shelter or service shall be responsible for timely collection and transmission of dependent premiums.
(l) A public community college or entity organized pursuant to the Public Community College Act may apply to the Director initially to have only annuitants not covered prior to July 1, HB4027 Engrossed - 41 - LRB100 12038 EFG 24080 b 1992 by the district's health plan provided health coverage under this Act on a non-insured basis.
The child HB4027 Engrossed - 42 - LRB100 12038 EFG 24080 b advocacy center shall not be required to enroll those of its employees who are covered spouses or dependents under this plan or another group policy or plan providing health benefits as long as (1) an appropriate official from the child advocacy center attests that each employee not enrolled is a covered spouse or dependent under this plan or another group policy or plan and (2) at least 50% of the employees are enrolled and the child advocacy center remits the entire cost of providing coverage to those employees.
(1) In the first year of coverage, the rates shall be equal to the amount normally charged to State employees for elected optional coverages or for enrolled dependents coverages or other contributory coverages on behalf of its HB4027 Engrossed - 43 - LRB100 12038 EFG 24080 b employees, adjusted for differences between State employees and employees of the child advocacy center in age, sex, geographic location, or other relevant demographic variables, plus an amount sufficient to pay for the additional administrative costs of providing coverage to employees of the child advocacy center and their dependents.
HB4027 Engrossed - 44 - LRB100 12038 EFG 24080 b Section 20.
(15 ILCS 510/12a new) HB4027 Engrossed - 45 - LRB100 12038 EFG 24080 b Sec.
(a) The Pension Stabilization Fund is hereby created as a HB4027 Engrossed - 46 - LRB100 12038 EFG 24080 b special fund in the State treasury.
(c-5) In addition to any other amounts required to be transferred under this Section, in State fiscal year 2021 and each fiscal year thereafter through State fiscal year 2045, or when each of the designated retirement systems, as defined in Section 25, has achieved 100% funding, whichever occurs first, the State Comptroller shall order transferred and the State Treasurer shall transfer from the General Revenue Fund to the HB4027 Engrossed - 47 - LRB100 12038 EFG 24080 b Pension Stabilization Fund an amount equal to (1) the sum of the amounts certified by the designated retirement systems under subsection (a-10) of Section 14-135.08, subsection (a-10) of Section 15-165, and subsection (a-10) of Section 16-158 of this Code for that fiscal year minus (2) the sum of the required State contributions certified by the retirement systems under subsection (a-5) of Section 14-135.08, subsection (a-5) of Section 15-165, and subsection (a-5) of Section 16-158 of this Code for that fiscal year.
Until State fiscal year 2021, before Before the final transfer for a fiscal year is made, the Comptroller shall reconcile the estimated general funds revenues used in calculating the other transfers under this Section for that HB4027 Engrossed - 48 - LRB100 12038 EFG 24080 b fiscal year with the actual general funds revenues for that fiscal year.
HB4027 Engrossed - 49 - LRB100 12038 EFG 24080 b (40 ILCS 5/1-160) (Text of Section WITHOUT the changes made by P.A.
This Section does not apply to a person who, on or after 6 HB4027 Engrossed - 50 - LRB100 12038 EFG 24080 b months after the effective date of this amendatory Act of the 100th General Assembly, first becomes a member or participant under Article 14 or 16, unless that person (i) is a covered employee under Article 14 who has not elected to participate in the defined contribution plan under Section 14-155.2 or (ii) elects under subsection (b) of Section 1-161 to receive the benefits provided under this Section and the applicable provisions of the Article under which he or she is a member or participant.
For the purposes of a person who first becomes a member or participant of any retirement system or pension fund to which this Section applies on or after January 1, 2011, in this Code, "final HB4027 Engrossed - 51 - LRB100 12038 EFG 24080 b average salary" shall be substituted for the following:
For the purposes of this Section, "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average HB4027 Engrossed - 52 - LRB100 12038 EFG 24080 b change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100.
(d) The retirement annuity of a member or participant who is retiring after attaining age 62 (beginning January 1, 2015, age 60 with respect to service under Article 12 of this Code that is subject to this Section) with at least 10 years of service credit shall be reduced by one-half of 1% for each full month that the member's age is under age 67 (beginning January 1, 2015, age 65 with respect to service under Article 12 of HB4027 Engrossed - 53 - LRB100 12038 EFG 24080 b this Code that is subject to this Section).
The initial benefit shall be HB4027 Engrossed - 54 - LRB100 12038 EFG 24080 b 66 2/3% of the earned annuity without a reduction due to age.
A person who meets the requirements of this Section is entitled to an annuity calculated under the provisions of Section 14-110, in lieu of the regular or minimum retirement annuity, only if the person has withdrawn from HB4027 Engrossed - 55 - LRB100 12038 EFG 24080 b service with not less than 20 years of eligible creditable service and has attained age 60, regardless of whether the attainment of age 60 occurs while the person is still in service.
If a person who first becomes a member of a retirement system or pension fund subject to this Section on or after January 1, 2012 and is receiving a retirement annuity or retirement pension under that system or fund and accepts on a contractual basis a position to provide services to a governmental entity from which he or she has retired, then that person's annuity or retirement pension earned as an active employee of the employer shall be suspended during that HB4027 Engrossed - 56 - LRB100 12038 EFG 24080 b contractual service.
(a) Notwithstanding any other provision of this Code to the contrary, the provisions of this Section apply to a person who, on or after 6 months after the effective date of this amendatory Act of the 100th General Assembly, first becomes a HB4027 Engrossed - 57 - LRB100 12038 EFG 24080 b member or a participant under Article 14, 15, or 16 and who does not make the election under subsection (b) or (c), whichever is applicable.
For the purposes of a person who first becomes a member or participant of any retirement system to which this Section applies on or after 6 HB4027 Engrossed - 58 - LRB100 12038 EFG 24080 b months after the effective date of this amendatory Act of the 100th General Assembly, in this Code, "final average salary" shall be substituted for "final average compensation" in Article 14.
Each annual increase shall be one-half the annual unadjusted percentage increase (but not less than zero) HB4027 Engrossed - 59 - LRB100 12038 EFG 24080 b in the consumer price index-w for the 12 months ending with the September preceding each November 1 of the originally granted retirement annuity.
In the case of the death of a member or participant who has not retired and who first became a member or participant on or after 6 months after the effective date of this amendatory Act of the 100th General Assembly, eligibility HB4027 Engrossed - 60 - LRB100 12038 EFG 24080 b for a survivor's or widow's annuity shall be determined by the applicable Article of this Code.
If the board of trustees of the retirement system determines that the 6.2% employee contribution rate exceeds the normal cost of the benefits under this Section (except for the defined contribution plan under subsection (k) of this Section), then on or before December 1 of that year, the board of trustees shall certify the amount of the normal cost of the benefits under this Section (except for the defined contribution plan under subsection (k) of this Section), expressed as a percentage of payroll, to the State Actuary and the Commission on Government Forecasting and Accountability, and the employee contribution under this subsection shall be reduced to that HB4027 Engrossed - 61 - LRB100 12038 EFG 24080 b amount beginning January 1 of the following year.
(2) For each participant in the defined contribution plan who has been employed with the same employer for at HB4027 Engrossed - 62 - LRB100 12038 EFG 24080 b least one year, employer contributions shall be paid into that participant's accounts at a rate expressed as a percentage of salary.
(7) Each retirement system shall reduce the employee contributions credited to the member's defined contribution plan account by an amount determined by that retirement system to cover the cost of offering the benefits under this subsection and any applicable HB4027 Engrossed - 63 - LRB100 12038 EFG 24080 b administrative fees.
HB4027 Engrossed - 64 - LRB100 12038 EFG 24080 b "Affected pension fund" means a pension fund established under Article 7, 8, 9, 10, 11, 12, 13, or 17 that the governing body of the unit of local government has designated as an affected pension fund by adoption of a resolution or ordinance.
(d) "Final average salary" means the average monthly (or annual) salary obtained by dividing the total salary or earnings calculated under the Article applicable to the member or participant during the last 120 months (or 10 years) of service in which the total salary or earnings calculated under HB4027 Engrossed - 65 - LRB100 12038 EFG 24080 b the applicable Article was the highest by the number of months (or years) of service in that period.
(f) A member or participant is entitled to a retirement annuity upon written application if he or she has attained the normal retirement age determined by the Social Security Administration for that member or participant's year of birth, but no earlier than 67 years of age, and has at least 10 years HB4027 Engrossed - 66 - LRB100 12038 EFG 24080 b of service credit and is otherwise eligible under the requirements of the applicable Article.
HB4027 Engrossed - 67 - LRB100 12038 EFG 24080 b (i) The initial survivor's or widow's annuity of an otherwise eligible survivor or widow of a retired member or participant who first became a member or participant on or after 6 months after the resolution or ordinance date shall be in the amount of 66 2/3% of the retired member's or participant's retirement annuity at the date of death.
If the board of trustees of the affected pension fund determines that the 6.2% employee contribution rate exceeds the normal cost of HB4027 Engrossed - 68 - LRB100 12038 EFG 24080 b the benefits under this Section (except for the defined contribution plan under subsection (k) of this Section), then on or before December 1 of that year, the board of trustees shall certify the amount of the normal cost of the benefits under this Section (except for the defined contribution plan under subsection (k) of this Section), expressed as a percentage of payroll, to the State Actuary and the Commission on Government Forecasting and Accountability, and the employee contribution under this subsection shall be reduced to that amount beginning January 1 of the following year.
The defined contribution plan developed under this subsection shall be a plan that aggregates employer and employee contributions in HB4027 Engrossed - 69 - LRB100 12038 EFG 24080 b individual participant accounts which, after meeting any other requirements, are used for payouts after retirement in accordance with this subsection and any other applicable laws.
(6) To the extent authorized under federal law and as authorized by the affected pension fund, the defined contribution plan shall allow former participants in the HB4027 Engrossed - 70 - LRB100 12038 EFG 24080 b plan to transfer or roll over employee and employer contributions, and the earnings thereon, into other qualified retirement plans.
(m) In the case of a conflict between the provisions of HB4027 Engrossed - 71 - LRB100 12038 EFG 24080 b this Section and any other provision of this Code, the provisions of this Section shall control.
HB4027 Engrossed - 72 - LRB100 12038 EFG 24080 b Any person who has served for 10 or more years as Clerk or Assistant Clerk of the House of Representatives, Secretary or Assistant Secretary of the Senate, or any combination thereof, may elect to become a member of this system while thenceforth engaged in such service by filing a written election with the board.
and any former member who elects to continue participation under Section 2-117.1, for the duration HB4027 Engrossed - 73 - LRB100 12038 EFG 24080 b of such continued participation.
HB4027 Engrossed - 74 - LRB100 12038 EFG 24080 b (40 ILCS 5/2-108) (from Ch.
HB4027 Engrossed - 75 - LRB100 12038 EFG 24080 b Notwithstanding any other provision of this Section, "salary" does not include any future increase in income that is offered for service to a Tier 1 employee under this Article pursuant to the condition set forth in subsection (c) of Section 2-110.3 and accepted under that condition by a Tier 1 employee who has made the election under paragraph (2) of subsection (a) of Section 2-110.3.
The election required under this subsection (a) shall be HB4027 Engrossed - 76 - LRB100 12038 EFG 24080 b made by each active Tier 1 employee no earlier than January 1, 2018 and no later than March 31, 2018, except that a person who returns to active service as a Tier 1 employee under this Article on or after January 1, 2018 and has not yet made an election under this Section must make the election under this subsection (a) within 60 days after returning to active service as a Tier 1 employee.
Elections that are made or deemed to be made on or after July 1, 2018 shall take effect on the first day of the month following the month in which the election is made or HB4027 Engrossed - 77 - LRB100 12038 EFG 24080 b deemed to be made.
The System shall make additional calculations and certifications HB4027 Engrossed - 78 - LRB100 12038 EFG 24080 b of consideration payments to the State Comptroller as the System deems necessary.
Tier 1 employees who are subject to this Section shall be provided with an election packet containing information regarding their options, as well as the forms necessary to make HB4027 Engrossed - 79 - LRB100 12038 EFG 24080 b the required election.
(e) Notwithstanding any other provision of law, each future HB4027 Engrossed - 80 - LRB100 12038 EFG 24080 b increase in income offered by the State of Illinois for service as a member must be offered expressly and irrevocably on the condition of not constituting "salary" under Section 2-108 to any Tier 1 employee who has made an election under paragraph (2) of subsection (a) of this Section.
(h) If an election created by this amendatory Act in any other Article of this Code or any change deriving from that election is determined to be unconstitutional or otherwise invalid by a final unappealable decision of an Illinois court or a court of competent jurisdiction, the invalidity of that HB4027 Engrossed - 81 - LRB100 12038 EFG 24080 b provision shall not in any way affect the validity of this Section or the changes deriving from the election required under this Section.
(1) The initial increase in retirement annuity under HB4027 Engrossed - 82 - LRB100 12038 EFG 24080 b this Section shall occur on the January 1 occurring either on or after the attainment of age 67 or the fifth anniversary of the annuity start date, whichever is earlier.
HB4027 Engrossed - 83 - LRB100 12038 EFG 24080 b (b) Beginning January 1, 1990, for eligible participants who remain in service after attaining 20 years of creditable service, the 3% increases provided under subsection (a) shall begin to accrue on the January 1 next following the date upon which the participant (1) attains age 55, or (2) attains 20 years of creditable service, whichever occurs later, and shall continue to accrue while the participant remains in service;
(b-5) Notwithstanding any other provision of this Article, a participant who first becomes a participant on or after January 1, 2011 (the effective date of Public Act 96-889) shall, in January or July next following the first anniversary of retirement, whichever occurs first, and in the same month of each year thereafter, but in no event prior to age 67, have the amount of the retirement annuity then being paid increased by 3% or the annual unadjusted percentage increase in the Consumer HB4027 Engrossed - 84 - LRB100 12038 EFG 24080 b Price Index for All Urban Consumers as determined by the Public Pension Division of the Department of Insurance under subsection (a) of Section 2-108.1, whichever is less.
(e) Beginning January 1, 1990, and except as provided in HB4027 Engrossed - 85 - LRB100 12038 EFG 24080 b subsection (a-1), all automatic annual increases payable under this Section shall be calculated as a percentage of the total annuity payable at the time of the increase, including previous increases granted under this Article.
(c) For State fiscal years 2018 through 2045 (except as otherwise provided for fiscal year 2019), the minimum contribution to the System to be made by the State for each fiscal year shall be an amount determined by the System to be sufficient to bring the total assets of the System up to 90% of HB4027 Engrossed - 86 - LRB100 12038 EFG 24080 b the total actuarial liabilities of the System by the end of State fiscal year 2045.
Beginning in State fiscal year 2018, any increase or decrease in State contribution over the prior fiscal year due exclusively to changes in actuarial or investment assumptions HB4027 Engrossed - 87 - LRB100 12038 EFG 24080 b adopted by the Board shall be included in the State contribution to the System, as a percentage of the applicable employee payroll, and shall be increased in equal annual increments so that by the State fiscal year occurring 5 years after the adoption of the actuarial or investment assumptions, the State is contributing at the rate otherwise required under this Section.
For State fiscal years 1996 through 2005, the State contribution to the System, as a percentage of the applicable employee payroll, shall be increased in equal annual increments HB4027 Engrossed - 88 - LRB100 12038 EFG 24080 b so that by State fiscal year 2011, the State is contributing at the rate required under this Section.
Notwithstanding any other provision of this Article, the total required State contribution for State fiscal year 2011 is HB4027 Engrossed - 89 - LRB100 12038 EFG 24080 b the amount recertified by the System on or before April 1, 2011 pursuant to Section 2-134 and shall be made from the proceeds of bonds sold in fiscal year 2011 pursuant to Section 7.2 of the General Obligation Bond Act, less (i) the pro rata share of bond sale expenses determined by the System's share of total bond proceeds, (ii) any amounts received from the General Revenue Fund in fiscal year 2011, and (iii) any reduction in bond proceeds due to the issuance of discounted bonds, if applicable.
Notwithstanding any other provision of this Section, the HB4027 Engrossed - 90 - LRB100 12038 EFG 24080 b required State contribution for State fiscal year 2005 and for fiscal year 2008 and each fiscal year thereafter, as calculated under this Section and certified under Section 2-134, shall not exceed an amount equal to (i) the amount of the required State contribution that would have been calculated under this Section for that fiscal year if the System had not received any payments under subsection (d) of Section 7.2 of the General Obligation Bond Act, minus (ii) the portion of the State's total debt service payments for that fiscal year on the bonds issued in fiscal year 2003 for the purposes of that Section 7.2, as determined and certified by the Comptroller, that is the same as the System's portion of the total moneys distributed under subsection (d) of Section 7.2 of the General Obligation Bond Act.
(d) For purposes of determining the required State contribution to the System, the value of the System's assets HB4027 Engrossed - 91 - LRB100 12038 EFG 24080 b shall be equal to the actuarial value of the System's assets, which shall be calculated as follows:
for service between January 1, 1959 and June 30, HB4027 Engrossed - 92 - LRB100 12038 EFG 24080 b 1969, 6%;
If the participant serves as an officer for at least 2 but less than 4 HB4027 Engrossed - 93 - LRB100 12038 EFG 24080 b years, he or she shall contribute an amount equal to the amount that would have been contributed had the participant served as an officer for 4 years.
(f) Beginning July 1, 2018 or the effective date of the Tier 1 employee's election under paragraph (1) of subsection (a) of Section 2-110.3, whichever is later, in lieu of the contributions otherwise required under this Section, each Tier 1 employee who made the election under paragraph (1) of subsection (a) of Section 2-110.3 shall contribute 8.5% of each payment of salary toward the cost of his or her retirement HB4027 Engrossed - 94 - LRB100 12038 EFG 24080 b annuity and 1.85% of each payment of salary toward the cost of the survivor's annuity.
The certification shall include a copy of the actuarial recommendations upon which it is based and shall specifically HB4027 Engrossed - 95 - LRB100 12038 EFG 24080 b identify the System's projected State normal cost for that fiscal year.
On or before May 1, 2004, the Board shall recalculate and recertify to the Governor the amount of the required State contribution to the System for State fiscal year 2005, taking into account the amounts appropriated to and received by the HB4027 Engrossed - 96 - LRB100 12038 EFG 24080 b System under subsection (d) of Section 7.2 of the General Obligation Bond Act.
The Board's final HB4027 Engrossed - 97 - LRB100 12038 EFG 24080 b certification must note any deviations from the State Actuary's recommended changes, the reason or reasons for not following the State Actuary's recommended changes, and the fiscal impact of not following the State Actuary's recommended changes on the required State contribution.
From the effective date of this amendatory Act of the 93rd General Assembly through June 30, 2004, the Board shall not submit vouchers for the remainder of fiscal year 2004 in excess of the fiscal year 2004 certified contribution amount determined under this Section after taking into consideration HB4027 Engrossed - 98 - LRB100 12038 EFG 24080 b the transfer to the System under subsection (d) of Section 6z-61 of the State Finance Act.
98-599, which has been held unconstitutional) HB4027 Engrossed - 99 - LRB100 12038 EFG 24080 b Sec.
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 HB4027 Engrossed - 100 - LRB100 12038 EFG 24080 b Department of Insurance Financial and Professional Regulation.
HB4027 Engrossed - 101 - LRB100 12038 EFG 24080 b (Source:
(2) Participants in the defined contribution plan HB4027 Engrossed - 102 - LRB100 12038 EFG 24080 b shall pay employee contributions at the same rate as Tier 1 employees in this System who do not participate in the defined contribution plan.
These options shall include investments handled by the Illinois State Board of HB4027 Engrossed - 103 - LRB100 12038 EFG 24080 b Investment as well as private sector investment options.
(c) An eligible active Tier 1 employee may irrevocably elect to participate in the defined contribution plan by filing with the System a written application to participate that is received by the System prior to its determination that 5% of eligible persons have elected to participate in the defined HB4027 Engrossed - 104 - LRB100 12038 EFG 24080 b contribution plan.
The System shall inform Tier 1 employees who are eligible to participate in the defined contribution plan that HB4027 Engrossed - 105 - LRB100 12038 EFG 24080 b they may also wish to obtain information and counsel relating to their option from any other available source, including but not limited to labor organizations, private counsel, and financial advisors.
(i) The intent of this amendatory Act of the 100th General Assembly is to ensure that the State's normal cost of HB4027 Engrossed - 106 - LRB100 12038 EFG 24080 b participation in the defined contribution plan is similar, and if possible equal, to the State's normal cost of participation in the defined benefit plan, unless a lower State's normal cost is necessary to ensure cost neutrality.
(2) between July 1, 1951 and June 30, 1957 HB4027 Engrossed - 107 - LRB100 12038 EFG 24080 b inclusive, $625 per month or $7,500 per year;
(d) For periods of service after September 30, 1985, compensation also includes any remuneration for personal services not included as "wages" under the Social Security Enabling Act, which is deducted for purposes of participation in a program established pursuant to Section 125 of the HB4027 Engrossed - 108 - LRB100 12038 EFG 24080 b Internal Revenue Code or its successor laws.
(h) Notwithstanding any other provision of this Section, HB4027 Engrossed - 109 - LRB100 12038 EFG 24080 b "compensation" does not include any consideration payment made to a Tier 1 employee.
HB4027 Engrossed - 110 - LRB100 12038 EFG 24080 b (40 ILCS 5/14-103.43 new) Sec.
HB4027 Engrossed - 111 - LRB100 12038 EFG 24080 b or (2) to not agree to paragraph (1) of this subsection.
(a-5) If this Section is enjoined or stayed by an Illinois court or a court of competent jurisdiction pending the entry of a final and unappealable decision, and this Section is determined to be constitutional or otherwise valid by a final unappealable decision of an Illinois court or a court of competent jurisdiction, then the election procedure set forth in subsection (a) of this Section shall commence on the 180th calendar day after the date of the issuance of the final HB4027 Engrossed - 112 - LRB100 12038 EFG 24080 b unappealable decision and shall conclude at the end of the 270th calendar day after that date.
The State Comptroller shall pay the consideration payment to the Tier 1 employee out of funds appropriated for that purpose under Section 1.9 of the State Pension Funds HB4027 Engrossed - 113 - LRB100 12038 EFG 24080 b Continuing Appropriation Act.
If the Tier 1 employee is not responsive to other means of contact, it is sufficient for the System to publish the details of any HB4027 Engrossed - 114 - LRB100 12038 EFG 24080 b required elections on its website or to publish those details in a regularly published newsletter or other existing public forum.
The System shall coordinate with the Illinois Department of Central Management Services and each HB4027 Engrossed - 115 - LRB100 12038 EFG 24080 b other retirement system administering an election in accordance with this amendatory Act of the 100th General Assembly to provide information concerning the impact of the election set forth in this Section.
HB4027 Engrossed - 116 - LRB100 12038 EFG 24080 b (h) If an election created by this amendatory Act in any other Article of this Code or any change deriving from that election is determined to be unconstitutional or otherwise invalid by a final unappealable decision of an Illinois court or a court of competent jurisdiction, the invalidity of that provision shall not in any way affect the validity of this Section or the changes deriving from the election required under this Section.
Any person receiving a retirement annuity under this Article who retires before attainment of age 60 and with less than (i) 35 years of creditable service if retirement is before January 1, 2001, or (ii) the number of years of creditable service which, when HB4027 Engrossed - 117 - LRB100 12038 EFG 24080 b added to the member's age, would equal 85, if retirement is on or after January 1, 2001, shall have the amount of the fixed and payable retirement annuity increased by 3% on the January 1 occurring on or next following (1) attainment of age 60, or (2) the first anniversary of retirement, whichever occurs later.
HB4027 Engrossed - 118 - LRB100 12038 EFG 24080 b (a-1) Notwithstanding any other provision of this Article, for a Tier 1 employee who made the election under paragraph (1) of subsection (a) of Section 14-106.5:
For the purposes of this Section, "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = HB4027 Engrossed - 119 - LRB100 12038 EFG 24080 b 100.
On January 1, 1982, any annuitant who began receiving a retirement annuity on or before January 1, 1977, shall have his retirement annuity HB4027 Engrossed - 120 - LRB100 12038 EFG 24080 b then being paid increased $1 per month for each year of creditable service.
(a) The State shall make contributions to the System by appropriations of amounts which, together with other employer contributions from trust, federal, and other funds, employee contributions, investment income, and other income, will be HB4027 Engrossed - 121 - LRB100 12038 EFG 24080 b sufficient to meet the cost of maintaining and administering the System on a 90% funded basis in accordance with actuarial recommendations.
For the purposes of this Section and Section 14.1 of the State Finance Act, the term "eligible employees" includes employees who participate in the System, persons who may elect HB4027 Engrossed - 122 - LRB100 12038 EFG 24080 b to participate in the System but have not so elected, persons who are serving a qualifying period that is required for participation, and annuitants employed by a department as described in subdivision (a)(1) or (a)(2) of Section 14-111.
(c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015, HB4027 Engrossed - 123 - LRB100 12038 EFG 24080 b 2016, and 2017 only, on or as soon as possible after the 15th day of each month, the Board shall submit vouchers for payment of State contributions to the System, in a total monthly amount of one-twelfth of the fiscal year General Revenue Fund contribution as certified by the System pursuant to Section 14-135.08 of the Illinois Pension Code.
(e) For State fiscal years 2018 through 2045 (except as otherwise provided for fiscal year 2020), the minimum contribution to the System to be made by the State for each fiscal year shall be an amount determined by the System to be sufficient to bring the total assets of the System up to 90% of the total actuarial liabilities of the System by the end of HB4027 Engrossed - 124 - LRB100 12038 EFG 24080 b State fiscal year 2045.
Beginning in State fiscal year 2018, any increase or decrease in State contribution over the prior fiscal year due exclusively to changes in actuarial or investment assumptions adopted by the Board shall be included in the State contribution to the System, as a percentage of the applicable employee payroll, and shall be increased in equal annual HB4027 Engrossed - 125 - LRB100 12038 EFG 24080 b increments so that by the State fiscal year occurring 5 years after the adoption of the actuarial or investment assumptions, the State is contributing at the rate otherwise required under this Section.
except that (i) for State fiscal year 1998, for all purposes of this Code and any other law of this State, the certified percentage of the applicable employee payroll shall be 5.052% for employees earning eligible creditable service under Section 14-110 and 6.500% for all other employees, notwithstanding any contrary certification made under Section 14-135.08 before the effective date of this amendatory Act of 1997, and (ii) in the following specified HB4027 Engrossed - 126 - LRB100 12038 EFG 24080 b State fiscal years, the State contribution to the System shall not be less than the following indicated percentages of the applicable employee payroll, even if the indicated percentage will produce a State contribution in excess of the amount otherwise required under this subsection and subsection (a):
Notwithstanding any other provision of this Article, the total required State General Revenue Fund contribution for State fiscal year 2010 is $723,703,100 and shall be made from the proceeds of bonds sold in fiscal year 2010 pursuant to Section 7.2 of the General Obligation Bond Act, less (i) the pro rata share of bond sale expenses determined by the System's share of total bond proceeds, (ii) any amounts received from HB4027 Engrossed - 127 - LRB100 12038 EFG 24080 b the General Revenue Fund in fiscal year 2010, and (iii) any reduction in bond proceeds due to the issuance of discounted bonds, if applicable.
Such amounts shall not reduce, and shall not be included in the calculation of, the required State contributions under this Article in any future year until the System has reached a HB4027 Engrossed - 128 - LRB100 12038 EFG 24080 b funding ratio of at least 90%.
In determining this maximum for State fiscal years 2008 through 2010, however, the amount referred to in item (i) shall be increased, as a percentage of the applicable employee payroll, in equal increments calculated from the sum of the required State contribution for State fiscal year 2007 plus the applicable portion of the State's total debt service payments for fiscal year 2007 on the bonds issued in fiscal year 2003 for the purposes of Section 7.2 of HB4027 Engrossed - 129 - LRB100 12038 EFG 24080 b the General Obligation Bond Act, so that, by State fiscal year 2011, the State is contributing at the rate otherwise required under this Section.
If the amount due is less than the amount received, the difference shall be termed the "Fiscal Year 2004 Overpayment" for purposes of this Section, and the Fiscal Year 2004 Overpayment shall be repaid by the System to the Pension Contribution Fund as soon as practicable after the HB4027 Engrossed - 130 - LRB100 12038 EFG 24080 b certification.
Upon receipt of the certification, the System shall determine the amount due to the System based on the full rate certified by the Board under HB4027 Engrossed - 131 - LRB100 12038 EFG 24080 b Section 14-135.08 for fiscal year 2010 in order to meet the State's obligation under this Section.
The System shall compare this amount due to the amount received by the System in fiscal HB4027 Engrossed - 132 - LRB100 12038 EFG 24080 b year 2011 through payments under this Section.
If the amount HB4027 Engrossed - 133 - LRB100 12038 EFG 24080 b due is less than the amount received, the difference shall be termed the "Prior Fiscal Year Overpayment" for purposes of this Section, and the Prior Fiscal Year Overpayment shall be repaid by the System to the General Revenue Fund as soon as practicable after the certification.
and 11.5% HB4027 Engrossed - 134 - LRB100 12038 EFG 24080 b in 2004 and thereafter;
(a-5) Beginning July 1, 2019 or the effective date of the Tier 1 employee's election under paragraph (1) of subsection (a) of Section 14-106.5, whichever is later, in lieu of the contributions otherwise required under subsection (a), each Tier 1 employee who made the election under paragraph (1) of subsection (a) of Section 14-106.5 who is a participating employee shall make contributions to the System, based on his HB4027 Engrossed - 135 - LRB100 12038 EFG 24080 b or her compensation, as follows:
(b) Contributions shall be in the form of a deduction from compensation and shall be made notwithstanding that the compensation paid in cash to the employee shall be reduced HB4027 Engrossed - 136 - LRB100 12038 EFG 24080 b thereby below the minimum prescribed by law or regulation.
On or before January 1 of each year HB4027 Engrossed - 137 - LRB100 12038 EFG 24080 b beginning January 1, 2013, the State Actuary shall issue a preliminary report concerning the proposed certification and identifying, if necessary, recommended changes in actuarial assumptions that the Board must consider before finalizing its certification of the required State contributions.
On or before January 1, 2020 and every HB4027 Engrossed - 138 - LRB100 12038 EFG 24080 b January 1 thereafter, the State Actuary shall issue a preliminary report concerning the proposed certification and identifying, if necessary, recommended changes in actuarial assumptions that the Board must consider before finalizing its certification.
For State fiscal year 2005, the Board shall make a supplemental HB4027 Engrossed - 139 - LRB100 12038 EFG 24080 b certification of the additional amount necessary to pay all principal of and interest on those general obligation bonds due in State fiscal years 2004 and 2005 authorized by Section 7.2(a) of the General Obligation Bond Act and issued to provide the proceeds deposited by the State with the System in July 2003, representing deposits other than amounts reserved under Section 7.2(c) of the General Obligation Bond Act, as soon as practical after the effective date of this amendatory Act of the 93rd General Assembly.
On or before April 1, 2011, the Board shall recalculate and recertify to the Governor and to each department the amount of the required State contribution to the System for State fiscal HB4027 Engrossed - 140 - LRB100 12038 EFG 24080 b year 2011, applying the changes made by Public Act 96-889 to the System's assets and liabilities as of June 30, 2009 as though Public Act 96-889 was approved on that date.
On or before May 1, 2019, the Board shall recalculate and recertify to the Governor and the General Assembly the amount of the required State contribution to the System for State fiscal year 2020, taking into account the effect on the System's liabilities of the elections made under Section HB4027 Engrossed - 141 - LRB100 12038 EFG 24080 b 14-106.5.
"Pension benefit" also includes applicable survivor's or HB4027 Engrossed - 142 - LRB100 12038 EFG 24080 b disability benefits.
HB4027 Engrossed - 143 - LRB100 12038 EFG 24080 b (c) A person's credits and creditable service under this Article shall be terminated upon the person's receipt of an accelerated pension benefit payment under this Section, and no other benefit shall be paid under this Article based on those terminated credits and creditable service, including any retirement, survivor, or other benefit;
The accelerated pension benefit HB4027 Engrossed - 144 - LRB100 12038 EFG 24080 b payment under this Section may be subject to withholding or payment of applicable taxes, but to the extent permitted by federal law, a person who receives an accelerated pension benefit payment under this Section must direct the System to pay all of that payment as a rollover into another retirement plan or account qualified under the Internal Revenue Code of 1986, as amended.
HB4027 Engrossed - 145 - LRB100 12038 EFG 24080 b (40 ILCS 5/14-152.1) (Text of Section WITHOUT the changes made by P.A.
Every new benefit increase is contingent upon the General Assembly providing the additional funding required under this HB4027 Engrossed - 146 - LRB100 12038 EFG 24080 b subsection.
(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 HB4027 Engrossed - 147 - LRB100 12038 EFG 24080 b 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.
(1) Under the defined contribution plan, an active Tier 1 employee of this System could elect to cease accruing benefits in the defined benefit plan under this Article and begin accruing benefits for future service in the defined HB4027 Engrossed - 148 - LRB100 12038 EFG 24080 b contribution plan.
If it does, the System shall reduce the employee contributions credited to the member's defined HB4027 Engrossed - 149 - LRB100 12038 EFG 24080 b contribution plan account by an amount determined by the System to cover the cost of offering such benefits.
HB4027 Engrossed - 150 - LRB100 12038 EFG 24080 b (c) An eligible Tier 1 employee may irrevocably elect to participate in the defined contribution plan by filing with the System a written application to participate that is received by the System prior to its determination that 5% of eligible persons have elected to participate in the defined contribution plan.
The individual consultation shall include projections of the member's defined benefits at retirement or earlier termination of service and the value of the member's HB4027 Engrossed - 151 - LRB100 12038 EFG 24080 b account at retirement or earlier termination of service.
(h) The Illinois State Board of Investment shall be the HB4027 Engrossed - 152 - LRB100 12038 EFG 24080 b plan sponsor for the defined contribution plan established under this Section.
The HB4027 Engrossed - 153 - LRB100 12038 EFG 24080 b election to participate in the defined contribution plan under this Section is voluntary and irrevocable.
(5) The defined contribution plan shall provide a variety of options for payouts to retirees and their HB4027 Engrossed - 154 - LRB100 12038 EFG 24080 b survivors.
HB4027 Engrossed - 155 - LRB100 12038 EFG 24080 b "Tier 1 member":
A person who first becomes a participant under this Article on or after HB4027 Engrossed - 156 - LRB100 12038 EFG 24080 b January 1, 2011 and before 6 months after the effective date of this amendatory Act of the 100th General Assembly, other than a person in the self-managed plan established under Section 15-158.2 or a person who makes the election under subsection (c) of Section 1-161, unless the person is otherwise a Tier 1 member.
With respect to transition pay paid by the University of HB4027 Engrossed - 157 - LRB100 12038 EFG 24080 b Illinois to a person who was a participating employee employed in the fire department of the University of Illinois's Champaign-Urbana campus immediately prior to the elimination of that fire department:
(a-5) Notwithstanding any other provision of this Section, "earnings" does not include any future increase in income that is offered for service by an employer to a Tier 1 employee under this Article pursuant to the condition set forth in subsection (c) of Section 15-132.9 and accepted under that condition by a Tier 1 employee who has made the election under HB4027 Engrossed - 158 - LRB100 12038 EFG 24080 b paragraph (2) of subsection (a) of Section 15-132.9.
1-1-17.) HB4027 Engrossed - 159 - LRB100 12038 EFG 24080 b (40 ILCS 5/15-112.1 new) Sec.
For a person returning to participating employee status as a Tier 1 employee after June 30, 2018, however, "base pay" means the employee's HB4027 Engrossed - 160 - LRB100 12038 EFG 24080 b annualized rate of earnings as of the employee's last date of service prior to July 1, 2018.
(ii) a person who returns to participating employee status as a Tier 1 employee under this Article on or after HB4027 Engrossed - 161 - LRB100 12038 EFG 24080 b January 1, 2018 and has not yet made an election under this Section must make the election under this subsection (a) within 60 days after returning to participating employee status as a Tier 1 employee;
(a-10) All elections under subsection (a) that are made or deemed to be made before July 1, 2018 shall take effect on July HB4027 Engrossed - 162 - LRB100 12038 EFG 24080 b 1, 2018.
The System shall calculate the amount of each consideration payment and, by July 1, 2018, shall certify to the State Comptroller the amount of the consideration payment, together with the name, HB4027 Engrossed - 163 - LRB100 12038 EFG 24080 b address, and any other available payment information of the Tier 1 employee as found in the records of the System.
HB4027 Engrossed - 164 - LRB100 12038 EFG 24080 b Tier 1 employees who are subject to this Section shall be provided with an election packet containing information regarding their options, as well as the forms necessary to make the required election.
The System shall coordinate with the Illinois Department of Central Management Services and each other retirement system administering an election in accordance with this amendatory Act of the 100th General HB4027 Engrossed - 165 - LRB100 12038 EFG 24080 b Assembly to provide information concerning the impact of the election set forth in this Section.
(h) If an election created by this amendatory Act in any other Article of this Code or any change deriving from that election is determined to be unconstitutional or otherwise invalid by a final unappealable decision of an Illinois court or a court of competent jurisdiction, the invalidity of that HB4027 Engrossed - 166 - LRB100 12038 EFG 24080 b provision shall not in any way affect the validity of this Section or the changes deriving from the election required under this Section.
The retirement annuity shall be the sum of the following, determined from amounts credited to the participant in accordance with the actuarial tables and the effective rate HB4027 Engrossed - 167 - LRB100 12038 EFG 24080 b of interest in effect at the time the retirement annuity begins:
Neither an employee or employer contribution for early retirement under Section HB4027 Engrossed - 168 - LRB100 12038 EFG 24080 b 15-136.2 nor any other employer contribution shall be used in the calculation of the amount of a retirement annuity under this Rule 2.
The retirement annuity of a participant who is employed at least one-half time during the period on which his or her final rate of earnings is based, shall be equal to the participant's years of service not to exceed 30, multiplied by (1) $96 if the participant's final rate of earnings is less than $3,500, (2) $108 if the final rate of earnings is at least $3,500 but less than $4,500, (3) $120 if the final rate of earnings is at least $4,500 but less than $5,500, (4) $132 if the final rate of earnings is at least $5,500 but less than $6,500, (5) $144 if the final rate of earnings is at least $6,500 but less than $7,500, (6) $156 if the final rate of earnings is at least $7,500 but less than $8,500, (7) $168 if the final rate of earnings is at least $8,500 but less than $9,500, and (8) $180 if the final rate of earnings is $9,500 or more, except that the annuity for those persons having made an election under Section 15-154(a-1) shall be calculated and payable under the portable retirement benefit program pursuant HB4027 Engrossed - 169 - LRB100 12038 EFG 24080 b to the provisions of Section 15-136.4.
and (ii) in the case of an individual who was a participating employee employed in the fire department of the University of Illinois's Champaign-Urbana campus immediately prior to the elimination of that fire department and who immediately after the elimination of HB4027 Engrossed - 170 - LRB100 12038 EFG 24080 b that fire department transferred to another job with the University of Illinois, service performed as an employee of the University of Illinois in a position other than police officer or firefighter, from the date of that transfer until the employee's next termination of service with the University of Illinois.
(b-5) The retirement annuity of a Tier 2 member who is retiring after attaining age 62 with at least 10 years of HB4027 Engrossed - 171 - LRB100 12038 EFG 24080 b service credit shall be reduced by 1/2 of 1% for each full month that the member's age is under age 67.
Effective January 1 immediately following the date the retirement annuity begins, the annuitant shall receive an increase in his or her monthly retirement annuity of 0.125% of the monthly retirement annuity provided under Rule 1, Rule 2, Rule 3, or Rule 4 contained in this Section, multiplied by the number of full months which elapsed from the date the retirement annuity payments began to January 1, 1972, plus 0.1667% of such annuity, multiplied by the number of full months which elapsed from January 1, 1972, or the date the retirement annuity payments began, whichever is later, to January 1, 1978, plus 0.25% of such annuity multiplied by the number of full months which elapsed from January 1, 1978, or the date the retirement annuity payments began, whichever is HB4027 Engrossed - 172 - LRB100 12038 EFG 24080 b later, to the effective date of the increase.
(2) The amount of each automatic annual increase in HB4027 Engrossed - 173 - LRB100 12038 EFG 24080 b retirement annuity or survivor annuity occurring on or after the effective date of that election shall be calculated as a percentage of the originally granted retirement annuity or survivor annuity, equal to 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, whichever is less.
Each annual increase shall be calculated at 3% or one half the annual unadjusted HB4027 Engrossed - 174 - LRB100 12038 EFG 24080 b percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, whichever is less, of the originally granted retirement annuity.
(f) A participant is entitled to such additional annuity as HB4027 Engrossed - 175 - LRB100 12038 EFG 24080 b may be provided on an actuarially equivalent basis, by any accumulated additional contributions to his or her credit.
On January 1, 1982, an annuitant whose retirement annuity began on or before HB4027 Engrossed - 176 - LRB100 12038 EFG 24080 b January 1, 1977, shall have his or her retirement annuity then being paid increased $1 per month for each year of creditable service.
(a-1) For State fiscal years 2018 through 2045 (except as HB4027 Engrossed - 177 - LRB100 12038 EFG 24080 b otherwise provided for fiscal year 2019), the minimum contribution to the System to be made by the State for each fiscal year shall be an amount determined by the System to be sufficient to bring the total assets of the System up to 90% of the total actuarial liabilities of the System by the end of State fiscal year 2045.
(3) For purposes of the recertification due on or before October 1, 2018, the total required State contribution for fiscal year 2019 shall be reduced by the amount of the consideration payments made to Tier 1 employees who made the election under paragraph (1) of HB4027 Engrossed - 178 - LRB100 12038 EFG 24080 b subsection (a) of Section 15-132.9.
HB4027 Engrossed - 179 - LRB100 12038 EFG 24080 b Notwithstanding any other provision of this Article, the total required State contribution for State fiscal year 2006 is $166,641,900.
Notwithstanding any other provision of this Article, the total required State contribution for State fiscal year 2011 is the amount recertified by the System on or before April 1, 2011 pursuant to Section 15-165 and shall be made from the State HB4027 Engrossed - 180 - LRB100 12038 EFG 24080 b Pensions Fund and proceeds of bonds sold in fiscal year 2011 pursuant to Section 7.2 of the General Obligation Bond Act, less (i) the pro rata share of bond sale expenses determined by the System's share of total bond proceeds, (ii) any amounts received from the General Revenue Fund in fiscal year 2011, and (iii) any reduction in bond proceeds due to the issuance of discounted bonds, if applicable.
Notwithstanding any other provision of this Section, the required State contribution for State fiscal year 2005 and for fiscal year 2008 and each fiscal year thereafter, as calculated HB4027 Engrossed - 181 - LRB100 12038 EFG 24080 b under this Section and certified under Section 15-165, shall not exceed an amount equal to (i) the amount of the required State contribution that would have been calculated under this Section for that fiscal year if the System had not received any payments under subsection (d) of Section 7.2 of the General Obligation Bond Act, minus (ii) the portion of the State's total debt service payments for that fiscal year on the bonds issued in fiscal year 2003 for the purposes of that Section 7.2, as determined and certified by the Comptroller, that is the same as the System's portion of the total moneys distributed under subsection (d) of Section 7.2 of the General Obligation Bond Act.
(a-2) For employees first hired on or after 6 months after the effective date of this amendatory Act of the 100th General Assembly who have elected the benefits under Section 1-161 of this Code, the employer shall annually contribute an amount, HB4027 Engrossed - 182 - LRB100 12038 EFG 24080 b expressed as a percentage of payroll, equal to the defined benefit normal cost of the defined benefit plan, less the employee contribution, plus 2%.
The local auxiliary funds, income funds, and service enterprise funds of universities shall not be considered trust funds for the purpose of this Article, but funds of alumni associations, foundations, and athletic associations which are affiliated with the universities included as employers under this Article and other employers which do not receive State appropriations HB4027 Engrossed - 183 - LRB100 12038 EFG 24080 b are considered to be trust funds for the purpose of this Article.
HB4027 Engrossed - 184 - LRB100 12038 EFG 24080 b (d) Beginning in State fiscal year 1996, the required State contributions to the System shall be appropriated directly to the System and shall be payable through vouchers issued in accordance with subsection (c) of Section 15-165, except as provided in subsection (g).
(g) For academic years beginning on or after June 1, 2005 and before July 1, 2018, if If the amount of a participant's earnings for any academic year used to determine the final rate of earnings, determined on a full-time equivalent basis, exceeds the amount of his or her earnings with the same employer for the previous academic year, determined on a full-time equivalent basis, by more than 6%, the participant's employer shall pay to the System, in addition to all other payments required under this Section and in accordance with HB4027 Engrossed - 185 - LRB100 12038 EFG 24080 b guidelines established by the System, the present value of the increase in benefits resulting from the portion of the increase in earnings that is in excess of 6%.
If the employer contributions are not paid HB4027 Engrossed - 186 - LRB100 12038 EFG 24080 b within 90 days after receipt of the bill, then interest will be charged at a rate equal to the System's annual actuarially assumed rate of return on investment compounded annually from the 91st day after receipt of the bill.
(g-1) For academic years beginning on or after July 1, 2018, if the amount of a participant's earnings for any academic year used to determine the final rate of earnings, determined on a full-time equivalent basis, exceeds the amount of his or her earnings with the same employer for the previous academic year, determined on a full-time equivalent basis, by HB4027 Engrossed - 187 - LRB100 12038 EFG 24080 b more than the unadjusted percentage increase in the consumer price index-u for the calendar year immediately preceding the beginning of the academic year, published by the Public Pension Division of the Department of Insurance by November 1 of each year, then the participant's employer shall pay to the System, in addition to all other payments required under this Section and in accordance with guidelines established by the System, the present value of the increase in benefits resulting from the portion of the increase in earnings that is in excess of the unadjusted percentage increase in the consumer price index-u for the applicable calendar year.
The application must specify in detail the grounds of the dispute and, if the employer asserts that the calculation is subject to subsection (i-1) of this Section, must include an affidavit setting forth HB4027 Engrossed - 188 - LRB100 12038 EFG 24080 b and attesting to all facts within the employer's knowledge that are pertinent to the applicability of subsection (i-1).
The changes made by Public Act 94-1057 shall not HB4027 Engrossed - 189 - LRB100 12038 EFG 24080 b require the System to refund any payments received before July 31, 2006 (the effective date of Public Act 94-1057).
When assessing payment for any amount due under subsection HB4027 Engrossed - 190 - LRB100 12038 EFG 24080 b (g), the System shall exclude any earnings increase resulting from (i) a promotion for which the employee moves from one classification to a higher classification under the State Universities Civil Service System, (ii) a promotion in academic rank for a tenured or tenure-track faculty position, or (iii) a promotion that the Illinois Community College Board has recommended in accordance with subsection (k) of this Section.
(i-1) When assessing payment for any amount due under subsection (g-1), the System shall exclude salary increases paid to participants under contracts or collective bargaining HB4027 Engrossed - 191 - LRB100 12038 EFG 24080 b agreements entered into, amended, or renewed before the effective date of this amendatory Act of the 100th General Assembly.
(j-5) For academic years beginning on or after July 1, 2018, if the amount of a participant's earnings for any academic year, determined on a full-time equivalent basis, exceeds $140,000, the participant's employer shall pay to the System, in addition to all other payments required under this Section and in accordance with guidelines established by the System, the amount of the earnings that exceed $140,000 multiplied by the level percentage of payroll used in that HB4027 Engrossed - 192 - LRB100 12038 EFG 24080 b fiscal year, as determined by the System, to be sufficient to bring the total assets of the System up to 90% of the total actuarial liabilities of the System by the end of State fiscal year 2045.
Payments must be HB4027 Engrossed - 193 - LRB100 12038 EFG 24080 b concluded within 3 years after the employer's receipt of the bill.
In determining the actuarial value of the System's assets for fiscal years after June 30, 2008, any actuarial gains or losses from investment return incurred in a fiscal HB4027 Engrossed - 194 - LRB100 12038 EFG 24080 b year shall be recognized in equal annual amounts over the 5-year period following that fiscal year.
These contributions are to be considered as normal contributions for purposes of HB4027 Engrossed - 195 - LRB100 12038 EFG 24080 b this Article.
(b) Starting September 1, 1969, each participating employee shall make additional contributions of 1/2 of 1% of HB4027 Engrossed - 196 - LRB100 12038 EFG 24080 b earnings to finance a portion of the cost of the annual increases in retirement annuity provided under Section 15-136, except that with respect to participants in the self-managed plan this additional contribution shall be used to finance the benefits obtained under that retirement program.
Contributions in excess of $80 during any fiscal year beginning before August 31, 1969 and in excess of $120 during any fiscal year thereafter until September 1, 1971 shall be HB4027 Engrossed - 197 - LRB100 12038 EFG 24080 b considered as additional contributions for purposes of this Article.
(d) If the board by board rule so permits and subject to such conditions and limitations as may be specified in its rules, a participant may make other additional contributions of such percentage of earnings or amounts as the participant shall HB4027 Engrossed - 198 - LRB100 12038 EFG 24080 b elect in a written notice thereof received by the board.
8-24-15.) HB4027 Engrossed - 199 - LRB100 12038 EFG 24080 b (40 ILCS 5/15-165) (from Ch.
On or before April 1, 2011, the Board shall recalculate and recertify to the Governor the amount of the required State HB4027 Engrossed - 200 - LRB100 12038 EFG 24080 b contribution to the System for State fiscal year 2011, applying the changes made by Public Act 96-889 to the System's assets and liabilities as of June 30, 2009 as though Public Act 96-889 was approved on that date.
On or before May 1, 2018, the Board shall recalculate and HB4027 Engrossed - 201 - LRB100 12038 EFG 24080 b recertify to the Governor and the General Assembly the amount of the required State contribution to the System for State fiscal year 2019, taking into account the effect on the System's liabilities of the elections made under Section 15-132.9.
On or before January 1, 2020 and every January 1 thereafter, the State Actuary shall issue a preliminary report concerning the proposed certification and identifying, if necessary, recommended HB4027 Engrossed - 202 - LRB100 12038 EFG 24080 b changes in actuarial assumptions that the Board must consider before finalizing its certification.
The State Actuary shall review the assumptions and valuations underlying the Board's revised certification and issue a preliminary report concerning the proposed recertification and identifying, if necessary, recommended changes in actuarial assumptions that the Board must consider before finalizing its HB4027 Engrossed - 203 - LRB100 12038 EFG 24080 b certification of the required State contributions.
If in any month the amount remaining unexpended from all other appropriations to the System for the applicable fiscal HB4027 Engrossed - 204 - LRB100 12038 EFG 24080 b year (including the appropriations to the System under Section 8.12 of the State Finance Act and Section 1 of the State Pension Funds Continuing Appropriation Act) is less than the amount lawfully vouchered under this Section, the difference shall be paid from the General Revenue Fund under the continuing appropriation authority provided in Section 1.1 of the State Pension Funds Continuing Appropriation Act.
(e) In the event that the System does not receive, as a result of legislative enactment or otherwise, payments sufficient to fully fund the employer contribution to the self-managed plan established under Section 15-158.2 and to fully fund that portion of the employer's portion of the normal costs of the System, as calculated in accordance with Section 15-155(a-1), then any payments received shall be applied proportionately to the optional retirement program established under Section 15-158.2 and to the employer's portion of the normal costs of the System, as calculated in accordance with HB4027 Engrossed - 205 - LRB100 12038 EFG 24080 b Section 15-155(a-1).
(b) Before January 1, 2018, and annually thereafter, the System shall calculate, using actuarial tables and other assumptions adopted by the Board, the net present value of HB4027 Engrossed - 206 - LRB100 12038 EFG 24080 b pension benefits for each eligible person and shall offer each eligible person the opportunity to irrevocably elect to receive an amount determined by the System to be equal to 70% of the net present value of his or her pension benefits in lieu of receiving any pension benefit.
(c) A person's credits and creditable service under this Article shall be terminated upon the person's receipt of an accelerated pension benefit payment under this Section, and no other benefit shall be paid under this Article based on those HB4027 Engrossed - 207 - LRB100 12038 EFG 24080 b terminated credits and creditable service, including any retirement, survivor, or other benefit;
The accelerated pension benefit payment under this Section may be subject to withholding or payment of applicable taxes, but to the extent permitted by federal law, a person who receives an accelerated pension benefit payment under this Section must direct the System to HB4027 Engrossed - 208 - LRB100 12038 EFG 24080 b pay all of that payment as a rollover into another retirement plan or account qualified under the Internal Revenue Code of 1986, as amended.
Application and expiration of new benefit HB4027 Engrossed - 209 - LRB100 12038 EFG 24080 b increases.
HB4027 Engrossed - 210 - LRB100 12038 EFG 24080 b A new benefit increase created by a Public Act that does not include the additional funding required under this subsection is null and void.
6-1-05.) HB4027 Engrossed - 211 - LRB100 12038 EFG 24080 b (40 ILCS 5/15-200.1 new) Sec.
A Tier 1 employee who elects to cease accruing benefits in his or her defined benefit plan shall be prohibited from HB4027 Engrossed - 212 - LRB100 12038 EFG 24080 b purchasing service credit on or after the date of his or her election.
(5) The defined contribution plan may provide for participants in the plan to be eligible for the defined disability benefits available to other participants under HB4027 Engrossed - 213 - LRB100 12038 EFG 24080 b this Article.
The election to participate HB4027 Engrossed - 214 - LRB100 12038 EFG 24080 b in the defined contribution plan is voluntary and irrevocable.
The individual consultation shall include projections of the member's defined benefits at retirement or HB4027 Engrossed - 215 - LRB100 12038 EFG 24080 b earlier termination of service and the value of the member's account at retirement or earlier termination of service.
HB4027 Engrossed - 216 - LRB100 12038 EFG 24080 b (h) If a Tier 1 employee has not made an election under Section 15-134.5 of this Code, then the plan prescribed under this Section shall not apply to that Tier 1 employee and that Tier 1 employee shall remain eligible to make the election prescribed under Section 15-134.5.
A teacher under this Article who first became a member or HB4027 Engrossed - 217 - LRB100 12038 EFG 24080 b participant before January 1, 2011 under any reciprocal retirement system or pension fund established under this Code other than a retirement system or pension fund established under Article 2, 3, 4, 5, 6, or 18 of this Code.
Notwithstanding any other provision of this Section, "salary" does not include any future increase in income that is offered by an employer for service as a Tier 1 employee under HB4027 Engrossed - 218 - LRB100 12038 EFG 24080 b this Article pursuant to the condition set forth in subsection (c) of Section 16-122.9 and accepted under that condition by a Tier 1 employee who has made the election under paragraph (2) of subsection (a) of Section 16-122.9.
As used in Section 16-121.1 of HB4027 Engrossed - 219 - LRB100 12038 EFG 24080 b this Code, "base pay" means the greater of either (i) the Tier 1 employee's annualized rate of salary as of June 30, 2018, or (ii) the Tier 1 employee's annualized rate of salary immediately preceding the expiration, renewal, or amendment of an employment contract or collective bargaining agreement in effect on the effective date of this Section.
or HB4027 Engrossed - 220 - LRB100 12038 EFG 24080 b (2) to not agree to paragraph (1) of this subsection.
(a-5) If this Section is enjoined or stayed by an Illinois court or a court of competent jurisdiction pending the entry of a final and unappealable decision, and this Section is determined to be constitutional or otherwise valid by a final unappealable decision of an Illinois court or a court of competent jurisdiction, then the election procedure set forth in subsection (a) of this Section shall commence on the 180th calendar day after the date of the issuance of the final unappealable decision and shall conclude at the end of the HB4027 Engrossed - 221 - LRB100 12038 EFG 24080 b 270th calendar day after that date.
The State Comptroller shall pay the consideration payment to the Tier 1 employee out of funds appropriated for that purpose under Section 1.9 of the State HB4027 Engrossed - 222 - LRB100 12038 EFG 24080 b Pension Funds Continuing Appropriation Act.
If the Tier 1 employee is not responsive to other means of contact, it is HB4027 Engrossed - 223 - LRB100 12038 EFG 24080 b sufficient for the System to publish the details of any required elections on its website or to publish those details in a regularly published newsletter or other existing public forum.
The System shall coordinate with HB4027 Engrossed - 224 - LRB100 12038 EFG 24080 b the Illinois Department of Central Management Services and each other retirement system administering an election in accordance with this amendatory Act of the 100th General Assembly to provide information concerning the impact of the election set forth in this Section.
(h) If an election created by this amendatory Act in any other Article of this Code or any change deriving from that HB4027 Engrossed - 225 - LRB100 12038 EFG 24080 b election is determined to be unconstitutional or otherwise invalid by a final unappealable decision of an Illinois court or a court of competent jurisdiction, the invalidity of that provision shall not in any way affect the validity of this Section or the changes deriving from the election required under this Section.
(1) 1.5% of the originally granted retirement annuity or disability retirement annuity multiplied by the number of years elapsed, if any, from the date of retirement until HB4027 Engrossed - 226 - LRB100 12038 EFG 24080 b January 1, 1972, plus (2) 2% of the originally granted annuity multiplied by the number of years elapsed, if any, from the date of retirement or January 1, 1972, whichever is later, until January 1, 1978, plus (3) 3% of the originally granted annuity multiplied by the number of years elapsed from the date of retirement or January 1, 1978, whichever is later, until the effective date of the initial increase.
1.5% for periods prior to January 1, 1972, 2% for periods after December 31, 1971 and prior to January 1, 1978, HB4027 Engrossed - 227 - LRB100 12038 EFG 24080 b and 3% for periods after December 31, 1977.
For the purposes of this Section, "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban HB4027 Engrossed - 228 - LRB100 12038 EFG 24080 b consumers, United States city average, all items, 1982-84 = 100.
(e) In addition to the automatic annual increases in annuity provided under this Section, an annuitant who meets the HB4027 Engrossed - 229 - LRB100 12038 EFG 24080 b service requirements of this Section and whose retirement annuity or disability retirement annuity began on or before January 1, 1971 shall receive, on January 1, 1981, an increase in the annuity then being paid of one dollar per month for each year of creditable service.
(a) Any annuitant receiving a retirement annuity on June 30, 1969 and any member retiring after June 30, 1969 shall be eligible for the annual increases provided under this Section provided the annuitant is ineligible for the automatic annual increase in annuity provided under Section 16-133.1, and provided further that (1) retirement occurred at age 55 or over HB4027 Engrossed - 230 - LRB100 12038 EFG 24080 b and was based on 5 or more years of creditable service or (2) if retirement occurred prior to age 55, the retirement annuity was based on 20 or more years of creditable service.
The HB4027 Engrossed - 231 - LRB100 12038 EFG 24080 b original monthly retirement annuity for computations under this subsection (b) shall be considered to be $83.34 for any annuitant entitled to benefits under Section 16-134.
If the annual unadjusted percentage change in the consumer price index-u for the 12 months ending with the September preceding each November 1 is zero HB4027 Engrossed - 232 - LRB100 12038 EFG 24080 b or there is a decrease, then the annuity shall not be increased.
(d) In addition to other increases which may be provided by this Section, regardless of creditable service, annuitants not meeting the service requirements of Section 16-133.1 and whose retirement annuity began on or before January 1, 1971 shall receive, on January 1, 1981, an increase in the retirement annuity then being paid of one dollar per month for each year of creditable service forming the basis of the retirement HB4027 Engrossed - 233 - LRB100 12038 EFG 24080 b allowance.
Such HB4027 Engrossed - 234 - LRB100 12038 EFG 24080 b contributions shall not be credited to the individual account of the member and shall not be subject to refund except as provided under Section 16-143.2.
This contribution shall cease upon HB4027 Engrossed - 235 - LRB100 12038 EFG 24080 b termination of the early retirement without discount option as provided in Section 16-133.2.
HB4027 Engrossed - 236 - LRB100 12038 EFG 24080 b (1) The contributions shall be refunded to the member, without interest, within 120 days after the member's retirement annuity commences, if the member does not elect early retirement without discount under Section 16-133.2.
HB4027 Engrossed - 237 - LRB100 12038 EFG 24080 b (a) The State shall make contributions to the System by means of appropriations from the Common School Fund and other State funds of amounts which, together with other employer contributions, employee contributions, investment income, and other income, will be sufficient to meet the cost of maintaining and administering the System on a 90% funded basis in accordance with actuarial recommendations.
On or before July 1, 2005, the Board shall recalculate and HB4027 Engrossed - 238 - LRB100 12038 EFG 24080 b recertify to the Governor the amount of the required State contribution to the System for State fiscal year 2006, taking into account the changes in required State contributions made by this amendatory Act of the 94th General Assembly.
The Board's certification must note any deviations from HB4027 Engrossed - 239 - LRB100 12038 EFG 24080 b the State Actuary's recommended changes, the reason or reasons for not following the State Actuary's recommended changes, and the fiscal impact of not following the State Actuary's recommended changes on the required State contribution.
The Board shall submit to the State Actuary, the Governor, and the General Assembly a proposed certification, along with the HB4027 Engrossed - 240 - LRB100 12038 EFG 24080 b relevant law, actuarial assumptions, calculations, and data upon which that certification is based.
The State HB4027 Engrossed - 241 - LRB100 12038 EFG 24080 b Actuary shall review the assumptions and valuations underlying the Board's revised certification and issue a preliminary report concerning the proposed recertification and identifying, if necessary, recommended changes in actuarial assumptions that the Board must consider before finalizing its certification of the required State contributions.
These vouchers shall be paid by HB4027 Engrossed - 242 - LRB100 12038 EFG 24080 b the State Comptroller and Treasurer by warrants drawn on the funds appropriated to the System for that fiscal year.
In making these determinations, the required State contribution shall be calculated each year as a level percentage of total payroll, including payroll that is not deemed pensionable, but excluding payroll attributable to participants in the defined contribution plan under Section 16-205.1, over the years remaining to and including fiscal year HB4027 Engrossed - 243 - LRB100 12038 EFG 24080 b 2045 and shall be determined under the projected unit credit actuarial cost method.
HB4027 Engrossed - 244 - LRB100 12038 EFG 24080 b For State fiscal years 2012 through 2017 2045, the minimum contribution to the System to be made by the State for each fiscal year shall be an amount determined by the System to be sufficient to bring the total assets of the System up to 90% of the total actuarial liabilities of the System by the end of State fiscal year 2045.
Notwithstanding any other provision of this Article, the HB4027 Engrossed - 245 - LRB100 12038 EFG 24080 b total required State contribution for State fiscal year 2006 is $534,627,700.
Notwithstanding any other provision of this Article, the total required State contribution for State fiscal year 2011 is the amount recertified by the System on or before April 1, 2011 pursuant to subsection (a-1) of this Section and shall be made from the proceeds of bonds sold in fiscal year 2011 pursuant to Section 7.2 of the General Obligation Bond Act, less (i) the HB4027 Engrossed - 246 - LRB100 12038 EFG 24080 b pro rata share of bond sale expenses determined by the System's share of total bond proceeds, (ii) any amounts received from the Common School Fund in fiscal year 2011, and (iii) any reduction in bond proceeds due to the issuance of discounted bonds, if applicable.
HB4027 Engrossed - 247 - LRB100 12038 EFG 24080 b Notwithstanding any other provision of this Section, the required State contribution for State fiscal year 2005 and for fiscal year 2008 and each fiscal year thereafter, as calculated under this Section and certified under subsection (a-1), shall not exceed an amount equal to (i) the amount of the required State contribution that would have been calculated under this Section for that fiscal year if the System had not received any payments under subsection (d) of Section 7.2 of the General Obligation Bond Act, minus (ii) the portion of the State's total debt service payments for that fiscal year on the bonds issued in fiscal year 2003 for the purposes of that Section 7.2, as determined and certified by the Comptroller, that is the same as the System's portion of the total moneys distributed under subsection (d) of Section 7.2 of the General Obligation Bond Act.
(b-4) For employees first hired on or after 6 months after HB4027 Engrossed - 248 - LRB100 12038 EFG 24080 b the effective date of this amendatory Act of the 100th General Assembly who have elected the benefits under Section 1-161 of this Code, the employer shall annually contribute an amount, expressed as a percentage of payroll, equal to the defined benefit normal cost of the defined benefit plan, less the employee contribution, plus 2%.
If members are paid from special trust or federal funds which are administered by the employing unit, whether school district or other unit, the employing unit shall pay to the System from such funds the full accruing retirement costs based upon that service, which, beginning July 1, 2014, shall be at a HB4027 Engrossed - 249 - LRB100 12038 EFG 24080 b rate, expressed as a percentage of salary, equal to the total minimum contribution to the System to be made by the State for that fiscal year, including both normal cost and unfunded liability components, expressed as a percentage of payroll, as determined by the System under subsection (b-3) of this Section.
However, with respect to benefits granted under Section 16-133.4 or 16-133.5 to a teacher as defined in paragraph (8) of Section 16-106, the employer's contribution shall be 12% (rather than 20%) of the member's highest annual salary rate for each year of creditable service granted, and the employer HB4027 Engrossed - 250 - LRB100 12038 EFG 24080 b shall also pay the required employee contribution on behalf of the teacher.
Each employer of teachers is entitled to a credit against the contributions required under this subsection (e) with HB4027 Engrossed - 251 - LRB100 12038 EFG 24080 b respect to salaries paid to teachers for the period January 1, 2002 through June 30, 2003, equal to the amount paid by that employer under subsection (a-5) of Section 6.6 of the State Employees Group Insurance Act of 1971 with respect to salaries paid to teachers for that period.
(f) For school years beginning on or after June 1, 2005 and before July 1, 2018, if If the amount of a teacher's salary for any school year used to determine final average salary exceeds the member's annual full-time salary rate with the same HB4027 Engrossed - 252 - LRB100 12038 EFG 24080 b employer for the previous school year by more than 6%, the teacher's employer shall pay to the System, in addition to all other payments required under this Section and in accordance with guidelines established by the System, the present value of the increase in benefits resulting from the portion of the increase in salary that is in excess of 6%.
The bill shall specify the calculations used to determine the amount HB4027 Engrossed - 253 - LRB100 12038 EFG 24080 b due.
(f-1) For school years beginning on or after July 1, 2018, if the amount of a teacher's salary for any school year used to determine final average salary exceeds the member's annual full-time salary rate with the same employer for the previous school year by more than the unadjusted percentage increase in the consumer price index-u for the calendar year immediately HB4027 Engrossed - 254 - LRB100 12038 EFG 24080 b preceding the beginning of the school year, published by the Public Pension Division of the Department of Insurance by November 1 of each year, then the teacher's employer shall pay to the System, in addition to all other payments required under this Section and in accordance with guidelines established by the System, the present value of the increase in benefits resulting from the portion of the increase in salary that is in excess of the unadjusted percentage increase in the consumer price index-u for the applicable calendar year.
Upon HB4027 Engrossed - 255 - LRB100 12038 EFG 24080 b receiving a timely application for recalculation, the System shall review the application and, if appropriate, recalculate the amount due.
HB4027 Engrossed - 256 - LRB100 12038 EFG 24080 b When assessing payment for any amount due under subsection (f), the System shall exclude salary increases paid to teachers under contracts or collective bargaining agreements entered into, amended, or renewed before June 1, 2005.
When assessing payment for any amount due under subsection (f), the System shall exclude a salary increase resulting from a promotion (i) for which the employee is required to hold a certificate or supervisory endorsement issued by the State Teacher Certification Board that is a different certification or supervisory endorsement than is required for the teacher's previous position and (ii) to a position that has existed and been filled by a member for no less than one complete academic HB4027 Engrossed - 257 - LRB100 12038 EFG 24080 b year and the salary increase from the promotion is an increase that results in an amount no greater than the lesser of the average salary paid for other similar positions in the district requiring the same certification or the amount stipulated in the collective bargaining agreement for a similar position requiring the same certification.
(h-1) When assessing payment for any amount due under subsection (f-1), the System shall exclude earnings increases paid to participants under contracts or collective bargaining agreements entered into, amended, or renewed before the HB4027 Engrossed - 258 - LRB100 12038 EFG 24080 b effective date of this amendatory Act of the 100th General Assembly.
(i-5) For school years beginning on or after July 1, 2018, if the amount of a participant's salary for any school year, determined on a full-time equivalent basis, exceeds $140,000, the participant's employer shall pay to the System, in addition to all other payments required under this Section and in accordance with guidelines established by the System, the amount of earnings that exceed $140,000 multiplied by the level percentage of payroll used in that fiscal year as determined by the System to be sufficient to bring the total assets of the HB4027 Engrossed - 259 - LRB100 12038 EFG 24080 b System up to 90% of the total actuarial liabilities of the System by the end of State fiscal year 2045.
HB4027 Engrossed - 260 - LRB100 12038 EFG 24080 b (j) For purposes of determining the required State contribution to the System, the value of the System's assets shall be equal to the actuarial value of the System's assets, which shall be calculated as follows:
6-30-14.) (40 ILCS 5/16-190.5 new) HB4027 Engrossed - 261 - LRB100 12038 EFG 24080 b Sec.
The offer shall specify the dollar amount that the eligible person will receive if he or HB4027 Engrossed - 262 - LRB100 12038 EFG 24080 b she so elects and shall expire when a subsequent offer is made to an eligible person or when the System determines that 10% of eligible persons in that year have made the election under this subsection, whichever occurs first.
HB4027 Engrossed - 263 - LRB100 12038 EFG 24080 b (d) If a person who has received an accelerated pension benefit payment under this Section returns to active service under this Article, then:
(f) Before January 1, 2019 and every January 1 thereafter, the Board shall certify to the Illinois Finance Authority and the General Assembly the amount by which the total amount of HB4027 Engrossed - 264 - LRB100 12038 EFG 24080 b accelerated pension benefit payments made under this Section exceed the amount appropriated to the System for the purpose of making those payments.
(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 HB4027 Engrossed - 265 - LRB100 12038 EFG 24080 b effective date of Public Act 94-4).
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 HB4027 Engrossed - 266 - LRB100 12038 EFG 24080 b 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.
(a) By July 1, 2018, the System shall prepare and implement a voluntary defined contribution plan for up to 5% of eligible HB4027 Engrossed - 267 - LRB100 12038 EFG 24080 b active Tier 1 employees.
A Tier 1 employee making the irrevocable election provided under this Section shall not receive interest accruals to his or her benefit under paragraph (A) of subsection (a) of Section 16-133 on or after the date of HB4027 Engrossed - 268 - LRB100 12038 EFG 24080 b his or her election.
HB4027 Engrossed - 269 - LRB100 12038 EFG 24080 b (6) The defined contribution plan shall provide a variety of options for investments.
(c) An eligible Tier 1 employee may irrevocably elect to HB4027 Engrossed - 270 - LRB100 12038 EFG 24080 b participate in the defined contribution plan by filing with the System a written application to participate that is received by the System prior to its determination that 5% of eligible persons have elected to participate in the defined contribution plan.
The HB4027 Engrossed - 271 - LRB100 12038 EFG 24080 b System shall not provide advice or counseling with respect to whether the employee should exercise the option.
(h) The intent of this amendatory Act of the 100th General Assembly is to ensure that the State's normal cost of HB4027 Engrossed - 272 - LRB100 12038 EFG 24080 b participation in the defined contribution plan is similar, and if possible equal, to the State's normal cost of participation in the defined benefit plan, unless a lower State's normal cost is necessary to ensure cost neutrality.
However, for the purposes of the election under Section 17-115.5, "Tier 1 employee" does not include a teacher under this Article who would qualify as a Tier 1 employee but who has made an HB4027 Engrossed - 273 - LRB100 12038 EFG 24080 b irrevocable election on or before June 1, 2017 to retire from service pursuant to the terms of an employment contract or a collective bargaining agreement in effect on June 1, 2017, excluding any extension, amendment, or renewal of that agreement after that date, and has notified the Fund of that election.
"Future increase in income" means an increase to a Tier 1 employee's base pay that is offered by an employer to the Tier 1 employee for service under this Article after June 30, 2018 that qualifies HB4027 Engrossed - 274 - LRB100 12038 EFG 24080 b as "salary", as defined in Section 17-113.4, or would qualify as "salary" but for the fact that it was offered to and accepted by the Tier 1 employee under the condition set forth in subsection (c) of Section 17-115.5.
HB4027 Engrossed - 275 - LRB100 12038 EFG 24080 b (a) Each active Tier 1 employee shall make an irrevocable election either:
HB4027 Engrossed - 276 - LRB100 12038 EFG 24080 b (a-5) If this Section is enjoined or stayed by an Illinois court or a court of competent jurisdiction pending the entry of a final and unappealable decision, and this Section is determined to be constitutional or otherwise valid by a final unappealable decision of an Illinois court or a court of competent jurisdiction, then the election procedure set forth in subsection (a) of this Section shall commence on the 180th calendar day after the date of the issuance of the final unappealable decision and shall conclude at the end of the 270th calendar day after that date.
As adequate and legal consideration provided under this amendatory Act of the 100th General Assembly for making an HB4027 Engrossed - 277 - LRB100 12038 EFG 24080 b election under paragraph (1) of subsection (a) of this Section, each Tier 1 employee who has made an election under paragraph (1) of subsection (a) of this Section shall receive a consideration payment equal to 10% of the contributions made by or on behalf of the employee under Section 17-130 before the effective date of that election.
However, each future increase in income offered by an employer under this Article to a Tier 1 employee who has made the election under paragraph (2) of subsection (a) of this Section shall be offered by the employer expressly and irrevocably on the condition of not constituting salary under Section 17-113.4 and that the Tier 1 employee's acceptance of the offered future HB4027 Engrossed - 278 - LRB100 12038 EFG 24080 b increase in income shall constitute his or her agreement to that condition.
The Fund shall inform Tier 1 employees in the election packet required under this subsection that the Tier 1 employee HB4027 Engrossed - 279 - LRB100 12038 EFG 24080 b may also wish to obtain information and counsel relating to the election required under this Section from any other available source, including, but not limited to, labor organizations and private counsel.
(f) A member's election under this Section is not a HB4027 Engrossed - 280 - LRB100 12038 EFG 24080 b prohibited election under subdivision (j)(1) of Section 1-119 of this Code.
HB4027 Engrossed - 281 - LRB100 12038 EFG 24080 b (1) For creditable service earned before July 1, 1998 that has not been augmented under Section 17-119.1:
In the case of a member HB4027 Engrossed - 282 - LRB100 12038 EFG 24080 b who commenced employment before August 31, 1979 and who receives salary during any year after September 1, 1983 which exceeds the annual full time salary rate for the preceding year by more than 20%, an Employer and other employers of eligible contributors as defined in Section 17-106 shall pay to the Fund an amount equal to the present value of the additional service retirement pension resulting from such excess salary.
For separation from service below age 60 to a minimum age of 55, the pension shall be discounted at the HB4027 Engrossed - 283 - LRB100 12038 EFG 24080 b rate of 1/2 of one per cent for each month that the age of the contributor is less than 60, but a teacher may elect to defer the effective date of pension in order to eliminate or reduce this discount.
A member who is eligible to receive a retirement pension of at least 74.6% of 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 HB4027 Engrossed - 284 - LRB100 12038 EFG 24080 b preceding June 1.
(1) The initial increase in service retirement pension HB4027 Engrossed - 285 - LRB100 12038 EFG 24080 b shall occur on the January 1 occurring either on or after the attainment of age 67 or the fifth anniversary of the pension start date, whichever is earlier.
HB4027 Engrossed - 286 - LRB100 12038 EFG 24080 b (40 ILCS 5/17-127) (from Ch.
(d) In addition to any other contribution required under HB4027 Engrossed - 287 - LRB100 12038 EFG 24080 b this Article, including the contribution required under subsection (c), for State fiscal year 2017, the State shall contribute the amount of $215,200,000 to the Fund.
Any amounts received by the Fund after HB4027 Engrossed - 288 - LRB100 12038 EFG 24080 b December 4, 1997 from State appropriations, including under Section 17-127, shall be a credit against and shall fully satisfy any obligation that may have arisen, or be claimed to have arisen, under this subsection (a) as a result of any deficiency or deficiencies in the fiscal year of the Board of Education ending in calendar year 1997.
In making these determinations, the required Board of Education contribution shall be calculated each year as a level percentage of the applicable employee payrolls over the years remaining to and including fiscal year HB4027 Engrossed - 289 - LRB100 12038 EFG 24080 b 2059 and shall be determined under the projected unit credit actuarial cost method.
The certification shall include a copy of the actuarial HB4027 Engrossed - 290 - LRB100 12038 EFG 24080 b recommendations upon which it is based.
17-130) HB4027 Engrossed - 291 - LRB100 12038 EFG 24080 b Sec.
(c) All persons employed as teachers shall, by such employment, accept the provisions of this Article and of HB4027 Engrossed - 292 - LRB100 12038 EFG 24080 b Sections 34-83 to 34-85, inclusive, of "The School Code", approved March 18, 1961, as amended, and thereupon become contributors to the Fund in accordance with the terms thereof.
(b) The Board shall determine the amount of State contributions required for each fiscal year on the basis of the HB4027 Engrossed - 293 - LRB100 12038 EFG 24080 b actuarial tables and other assumptions adopted by the Board and the prescribed rate of interest, using the formula in subsection (c).
For State fiscal years 2012 through 2017 2045, the minimum contribution to the System to be made by the State for each HB4027 Engrossed - 294 - LRB100 12038 EFG 24080 b fiscal year shall be an amount determined by the System to be sufficient to bring the total assets of the System up to 90% of the total actuarial liabilities of the System by the end of State fiscal year 2045.
Notwithstanding any other provision of this Article, the HB4027 Engrossed - 295 - LRB100 12038 EFG 24080 b total required State contribution for State fiscal year 2010 is $78,832,000 and shall be made from the proceeds of bonds sold in fiscal year 2010 pursuant to Section 7.2 of the General Obligation Bond Act, less (i) the pro rata share of bond sale expenses determined by the System's share of total bond proceeds, (ii) any amounts received from the General Revenue Fund in fiscal year 2010, and (iii) any reduction in bond proceeds due to the issuance of discounted bonds, if applicable.
Amounts received by the System pursuant to Section 25 of the Budget Stabilization Act or Section 8.12 of the State HB4027 Engrossed - 296 - LRB100 12038 EFG 24080 b Finance Act in any fiscal year do not reduce and do not constitute payment of any portion of the minimum State contribution required under this Article in that fiscal year.
In determining this maximum for State fiscal years 2008 through 2010, however, the amount referred to HB4027 Engrossed - 297 - LRB100 12038 EFG 24080 b in item (i) shall be increased, as a percentage of the applicable employee payroll, in equal increments calculated from the sum of the required State contribution for State fiscal year 2007 plus the applicable portion of the State's total debt service payments for fiscal year 2007 on the bonds issued in fiscal year 2003 for the purposes of Section 7.2 of the General Obligation Bond Act, so that, by State fiscal year 2011, the State is contributing at the rate otherwise required under this Section.
HB4027 Engrossed - 298 - LRB100 12038 EFG 24080 b 7-13-12.) (40 ILCS 5/18-140) (from Ch.
On or before HB4027 Engrossed - 299 - LRB100 12038 EFG 24080 b January 15, 2013 and every January 15 thereafter, the Board shall certify to the Governor and the General Assembly the amount of the required State contribution for the next fiscal year.
As soon as practical after the effective date of this HB4027 Engrossed - 300 - LRB100 12038 EFG 24080 b amendatory Act of the 100th General Assembly, the Board shall recalculate and recertify to the State Actuary, the Governor, and the General Assembly the amount of the State contribution to the System for State fiscal year 2018, taking into account the changes in required State contributions made by this amendatory Act of the 100th General Assembly.
From the effective date of this amendatory Act of the 93rd General Assembly through June 30, 2004, the Board shall not submit vouchers for the remainder of fiscal year 2004 in excess of the fiscal year 2004 certified contribution amount HB4027 Engrossed - 301 - LRB100 12038 EFG 24080 b determined under this Section after taking into consideration the transfer to the System under subsection (c) of Section 6z-61 of the State Finance Act.
The computation HB4027 Engrossed - 302 - LRB100 12038 EFG 24080 b shall be in accordance with the formula or method prescribed by each participating system which is in effect at the date of the employee's latest withdrawal from service covered by any of the systems in which he has pension credits which he elects to have considered under this Article.
If a system has a step-rate formula for calculation of the retirement annuity, pension credits covering previous service HB4027 Engrossed - 303 - LRB100 12038 EFG 24080 b which have been established under another system shall be considered in determining which range or ranges of the step-rate formula are to be applicable to the employee.
If a participating system has no survivor's annuity benefit, or if the survivor's annuity benefit under that system is waived, pension credit established in that system shall not be considered in determining eligibility for or the amount of the survivor's HB4027 Engrossed - 304 - LRB100 12038 EFG 24080 b annuity which may be payable by any other participating system.
98-599, HB4027 Engrossed - 305 - LRB100 12038 EFG 24080 b which has been held unconstitutional) Sec.
(ii) For purposes of calculating the combined survivor's annuity and the proportionate reduction, if HB4027 Engrossed - 306 - LRB100 12038 EFG 24080 b any, in a survivor's annuity other than one payable under the self-managed plan, the amount of the Article 15 survivor's annuity shall be deemed to be the highest survivor's annuity to which the survivor would have been entitled if the deceased employee had participated in the traditional benefit package as defined in Section 15-103.1 rather than the self-managed plan.
HB4027 Engrossed - 307 - LRB100 12038 EFG 24080 b (Source:
7-6-00.) (40 ILCS 5/2-165 rep.) HB4027 Engrossed - 308 - LRB100 12038 EFG 24080 b (40 ILCS 5/2-166 rep.) (40 ILCS 5/14-155 rep.) (40 ILCS 5/14-156 rep.) (40 ILCS 5/15-200 rep.) (40 ILCS 5/15-201 rep.) (40 ILCS 5/16-205 rep.) (40 ILCS 5/16-206 rep.) Section 50.
(b) There is hereby appropriated from the General Revenue HB4027 Engrossed - 309 - LRB100 12038 EFG 24080 b Fund to the State Universities Retirement System, on a continuing monthly basis, the amount, if any, by which the total available amount of all other appropriations to that retirement system for the payment of State contributions, including any deficiency in the required contributions of the optional retirement program established under Section 15-158.2 of the Illinois Pension Code, is less than the total amount of the vouchers for required State contributions lawfully submitted by the retirement system for that month under Section 15-165 of the Illinois Pension Code.
(d) There is hereby appropriated from the General Revenue Fund to the Judges Retirement System of Illinois, on a continuing monthly basis, the amount, if any, by which the total available amount of all other appropriations to that retirement system for the payment of State contributions is less than the total amount of the vouchers for required State contributions lawfully submitted by the retirement system for HB4027 Engrossed - 310 - LRB100 12038 EFG 24080 b that month under Section 18-140 of the Illinois Pension Code.
(h) For State fiscal year 2017, there is hereby appropriated from the Common School Fund to the Public School Teachers' Pension and Retirement Fund of Chicago the amount, if any, by which the total available amount of all other State appropriations to that Retirement Fund for the payment of State contributions under subsection (d) of Section 17-127 of the HB4027 Engrossed - 311 - LRB100 12038 EFG 24080 b Illinois Pension Code is less than the total amount of required State contributions under subsection (d) of Section 17-127.
They shall pay the wages of teachers monthly, subject, however, to the provisions of HB4027 Engrossed - 312 - LRB100 12038 EFG 24080 b Section 24-21.
Based upon previous public school experience in this State or any other State, territory, dependency or possession of the United States, or in schools operated by or under the auspices of the United States, teachers who serve on a full-time basis shall have their salaries increased to at least the following amounts above the starting salary for a teacher in such HB4027 Engrossed - 313 - LRB100 12038 EFG 24080 b district in the same classification:
The Board of HB4027 Engrossed - 314 - LRB100 12038 EFG 24080 b Education must not pay, offer, or agree to pay any future increase in income, as that term is defined in Section 17-113.5 of the Illinois Pension Code, to any person in a manner that violates Section 17-115.5 of the Illinois Pension Code.
The Merit Board HB4027 Engrossed - 315 - LRB100 12038 EFG 24080 b shall direct the payment of the "prevailing rate of wages" in those classifications in which, on January 1, 1952, any employer is paying such prevailing rate and in such other classes as the Merit Board may thereafter determine.
(4) To recommend to the institutions and agencies specified in Section 36e standards for hours of work, holidays, sick leave, overtime compensation and vacation for the purpose of improving conditions of employment HB4027 Engrossed - 316 - LRB100 12038 EFG 24080 b covered therein and for the purpose of insuring conformity with the prevailing rate principal.
and such persons shall take rank upon the registers as candidates in HB4027 Engrossed - 317 - LRB100 12038 EFG 24080 b the order of their relative excellence as determined by examination, without reference to priority of time of examination.
(12) To appoint a Director and such assistants and HB4027 Engrossed - 318 - LRB100 12038 EFG 24080 b other clerical and technical help as may be necessary efficiently to administer Sections 36b to 36q, inclusive.
HB4027 Engrossed - 319 - LRB100 12038 EFG 24080 b Section 75.
(110 ILCS 665/10-195 new) HB4027 Engrossed - 320 - LRB100 12038 EFG 24080 b Sec.
Illinois State University must not pay, offer, or agree to pay any future increase in income, as that term is defined in Section 14-103.42, 15-112.1, or 16-121.1 of the Illinois Pension Code, HB4027 Engrossed - 321 - LRB100 12038 EFG 24080 b to any person in a manner that violates Section 14-106.5, 15-132.9, or 16-122.9 of the Illinois Pension Code.
The Western Illinois University Law is amended HB4027 Engrossed - 322 - LRB100 12038 EFG 24080 b by adding Section 35-200 as follows:
Under HB4027 Engrossed - 323 - LRB100 12038 EFG 24080 b such arrangement, an amount shall be withheld for each regular payroll period which is equal to the prorata share of the annual membership dues plus any payments or contributions and the board shall pay such withholding to the specified labor organization within 10 working days from the time of the withholding.
(b) in assigning, promoting or transferring any HB4027 Engrossed - 324 - LRB100 12038 EFG 24080 b employee of a community college to an office or position employed prior to July 1, 1977 or prior to the adoption by the community college board of a resolution making residency within the community college district of some or all employees a condition of employment, whichever is later;
Employers, however, shall be required to bargain collectively with regard to policy matters directly affecting wages (but subject to any applicable restrictions in Section 14-106.5, 15-132.9, 16-122.9, or 17-115.5 of the Illinois Pension Code), hours and terms and conditions of employment as well as the impact thereon upon request by HB4027 Engrossed - 325 - LRB100 12038 EFG 24080 b employee representatives, but excluding the changes, the impact of changes, and the implementation of the changes set forth in Section 14-106.5, 15-132.9, 16-122.9, or 17-115.5 of the Illinois Pension Code.
(a) Notwithstanding any other provision of this Act, employers shall not be required to bargain over matters affected by the changes, the impact of the changes, and the HB4027 Engrossed - 326 - LRB100 12038 EFG 24080 b implementation of the changes to Article 14, 15, 16, or 17 of the Illinois Pension Code made by the addition of Section 14-106.5, 15-132.9, 16-122.9, or 17-115.5 of the Illinois Pension Code, which are deemed to be prohibited subjects of bargaining.
(b) Nothing in this Section shall be construed as otherwise limiting any of the obligations and requirements applicable to employers under any of the provisions of this Act, including, but not limited to, the requirement to bargain collectively HB4027 Engrossed - 327 - LRB100 12038 EFG 24080 b with regard to policy matters directly affecting wages, hours, and terms and conditions of employment as well as the impact thereon upon request by employee representatives, except for the matters set forth in subsection (a) of this Section that are deemed prohibited subjects of bargaining.
HB4027 Engrossed - 328 - LRB100 12038 EFG 24080 b (4) Discharging or otherwise discriminating against an employee because he or she has signed or filed an affidavit, authorization card, petition or complaint or given any information or testimony under this Act.
(8) Refusing to comply with the provisions of a binding HB4027 Engrossed - 329 - LRB100 12038 EFG 24080 b arbitration award.
HB4027 Engrossed - 330 - LRB100 12038 EFG 24080 b (1) Restraining or coercing employees in the exercise of the rights guaranteed under this Act, provided that a labor organization or its agents shall commit an unfair labor practice under this paragraph in duty of fair representation cases only by intentional misconduct in representing employees under this Act.
HB4027 Engrossed - 331 - LRB100 12038 EFG 24080 b (d) The actions of a Financial Oversight Panel created pursuant to Section 1A-8 of the School Code due to a district violating a financial plan shall not constitute or be evidence of an unfair labor practice under any of the provisions of this Act.
83-1014.) HB4027 Engrossed - 332 - LRB100 12038 EFG 24080 b Section 900.
HB4027 Engrossed - 333 - LRB100 12038 EFG 24080 b INDEX Statutes amended in order of appearance 5 ILCS 315/7.6 new 5 ILCS 315/10 from Ch.
2-119.1 HB4027 Engrossed - 334 - LRB100 12038 EFG 24080 b 40 ILCS 5/2-124 from Ch.
15-111 40 ILCS 5/15-112.1 new 40 ILCS 5/15-112.2 new 40 ILCS 5/15-132.9 new HB4027 Engrossed - 335 - LRB100 12038 EFG 24080 b 40 ILCS 5/15-136 from Ch.
16-158 40 ILCS 5/16-190.5 new 40 ILCS 5/16-203 40 ILCS 5/16-205.1 new 40 ILCS 5/16-206.1 new 40 ILCS 5/17-106.05 new 40 ILCS 5/17-113.4 new 40 ILCS 5/17-113.5 new 40 ILCS 5/17-113.6 new 40 ILCS 5/17-115.5 new HB4027 Engrossed - 336 - LRB100 12038 EFG 24080 b 40 ILCS 5/17-116 from Ch.
38b3 110 ILCS 305/100 new HB4027 Engrossed - 337 - LRB100 12038 EFG 24080 b 110 ILCS 520/85 new 110 ILCS 660/5-195 new 110 ILCS 665/10-195 new 110 ILCS 670/15-195 new 110 ILCS 675/20-200 new 110 ILCS 680/25-195 new 110 ILCS 685/30-205 new 110 ILCS 690/35-200 new 110 ILCS 805/3-26 from Ch.
Show all 356 changed rows (316 more)
Action History
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Session Sine Die
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Rule 19(a) / Re-referred to Rules Committee
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Final Action Deadline Extended-9(b) December 31, 2017
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Final Action Deadline Extended-9(b) July 7, 2017
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Final Action Deadline Extended-9(b) June 30, 2017
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Final Action Deadline Extended-9(b) May 31, 2017
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Added Co-Sponsor Rep. Thomas M. Bennett
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Personnel & Pensions Committee; 011-002-001
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Added Co-Sponsor Rep. Chad Hays
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Remove Chief Co-Sponsor Rep. Chad Hays
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Assigned to Personnel & Pensions Committee
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Added Co-Sponsor Rep. Steven Reick
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Removed Co-Sponsor Rep. Bill Mitchell
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Added Co-Sponsor Rep. Mark Batinick
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Removed Co-Sponsor Rep. Norine K. Hammond
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Referred to Rules Committee
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First Reading
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Added Co-Sponsor Rep. Lindsay Parkhurst
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Removed Co-Sponsor Rep. John Cavaletto
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Removed Co-Sponsor Rep. Daniel Swanson
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Added Co-Sponsor Rep. Keith R. Wheeler
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Added Co-Sponsor Rep. Grant Wehrli
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Added Co-Sponsor Rep. Daniel Swanson
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Added Co-Sponsor Rep. Ryan Spain
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Added Co-Sponsor Rep. Joe Sosnowski
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Added Co-Sponsor Rep. Nick Sauer
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Added Co-Sponsor Rep. David S. Olsen
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Added Co-Sponsor Rep. Charles Meier
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Added Co-Sponsor Rep. Margo McDermed
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Added Co-Sponsor Rep. Tony McCombie
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Added Co-Sponsor Rep. Sheri Jesiel
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Added Co-Sponsor Rep. Randy E. Frese
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Added Co-Sponsor Rep. Mike Fortner
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Added Co-Sponsor Rep. John Cavaletto
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Added Co-Sponsor Rep. Peter Breen
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Added Co-Sponsor Rep. Steven A. Andersson
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Added Co-Sponsor Rep. David B. Reis
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Added Co-Sponsor Rep. Michael D. Unes
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Added Co-Sponsor Rep. Tom Demmer
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Added Co-Sponsor Rep. Norine K. Hammond
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Added Co-Sponsor Rep. Bill Mitchell
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Added Chief Co-Sponsor Rep. Michael P. McAuliffe
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Added Chief Co-Sponsor Rep. Chad Hays
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Added Chief Co-Sponsor Rep. Dan Brady
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Added Chief Co-Sponsor Rep. Patricia R. Bellock
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Filed with the Clerk by Rep. Jim Durkin
Sponsors
- Jim Durkin · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on · 1 voted No
Sponsors (0)
None.
Co-sponsors (1)
- Jim Durkin
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 1 | 0 | 1 |
| Democrat | 3 | 1 | 0 | 0 |
| Total | 11 | 2 | 0 | 1 |
| % of votes cast | 79% | 14% | 0% | 7% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Batinick, Mark | — | Yea |
| Burke, Kelly M | — | Yea |
| Jesiel, Sheri | — | Yea |
| McSweeney, David | — | Yea |
| Nekritz, Elaine | — | Yea |
| Wehrli, Grant | — | Yea |
| Sente, Carol | — | Yea |
| Zalewski, Michael J | — | Yea |
| Drury, Scott | — | Nay |
| Ives, Jeanne M | — | Not Voting |
| Carol Ammons | Democrat | Nay |
| Emanuel "Chris" Welch | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
Subjects
Frequently asked questions
- What does HB 4027 do?
- Amends the Illinois Pension Code. In Articles 2, 14, 15, 16, and 17, requires active Tier 1 employees to elect either (i) to have automatic annual increases in retirement and survivor's annuities delayed and reduced or (ii) to maintain current benefits except for additional limits on pensionable salary; provides additional benefits to persons electing item (i). Makes funding changes, including shifting certain costs to employers under Articles 15 and 16. Restricts participation in the General Assembly Retirement System to persons who became participants before the effective date. In Articles 14, 15, and 16, requires those Systems to offer an optional accelerated benefit payment to certain members in lieu of receiving a pension. Provides separate benefits for certain persons who become participants under Article 14, 15, or 16. Requires those retirement systems to establish a defined contribution plan for certain members; in Articles 7, 8, 9, 10, 11, 12, 13, and 17, establishes similar benefits if the governing body of the unit of local government adopts those benefits. In Article 17, requires the State to contribute $215,200,000 for fiscal year 2017. Provides a continuing appropriation for the Article 17 State contribution and for certain consideration payments. Amends various Acts to make conforming changes. Provides for the transfer of certain amounts to the Pension Stabilization Fund. Amends the Illinois Educational Labor Relations Act and the Illinois Public Labor Relations Act to prohibit bargaining and interest arbitration regarding certain changes made by the amendatory Act; exempts certain existing agreements. Makes other changes. Includes severability provisions. Effective immediately.
- Who sponsors HB 4027?
- HB 4027 is sponsored by Jim Durkin.
- What is the current status of HB 4027?
- This bill died with 100th Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 4027?
- Track HB 4027 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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