Public Act 102-0719
 
HB1568 EnrolledLRB102 03599 RJF 13612 b


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





 
    Section 5. The Department of Revenue Law of the
Civil 
Administrative Code of Illinois is amended by adding Section 
2505-306 as follows:
 
    (20 ILCS 2505/2505-306 new)
    Sec. 2505-306. Retiring investigators; purchase of service 
firearm and badge. The Director shall establish a program to 
allow a Department investigator who is honorably retiring in 
good standing to purchase either one or both of the following: 
(1) any badge previously issued to the investigator by the 
Department; or (2) if the investigator has a currently valid 
Firearm Owner's Identification Card, the service firearm 
issued or previously issued to the investigator by the 
Department. The cost of the firearm shall be the replacement 
value of the firearm and not the firearm's fair market value.

 
    Section 10. The Illinois Pension Code is amended  by 
changing Section 1-160 as follows:
 
 

    (40 ILCS 5/1-160)

 
    Sec. 1-160. Provisions applicable to new hires. 
    (a) The provisions of this Section apply to a person who, 
on or after January 1, 2011, first becomes a member or a 
participant 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, 
7, 15, or 18 of this Code, notwithstanding any other provision 
of this Code to the contrary, but do not apply to any 
self-managed plan established under this Code or to any 
participant of the retirement plan established under Section 
22-101; except that this Section applies to a person who 
elected to establish alternative credits by electing in 
writing after January 1, 2011, but before August 8, 2011, 
under Section 7-145.1 of this Code. Notwithstanding anything 
to the contrary  in this Section, for purposes of this Section, 
a person who is a Tier 1 regular employee as defined in Section 
7-109.4 of this Code or who participated in a retirement 
system under Article 15 prior to January 1, 2011 shall be 
deemed  a person who first became a member or participant prior 
to January 1, 2011 under any retirement system or pension fund 
subject to this Section. The changes made to this Section by 
Public Act 98-596 are a clarification of existing law and are 
intended to be retroactive to January 1, 2011 (the effective 
date of Public Act 96-889), notwithstanding the provisions of 
Section 1-103.1 of this Code.
    This Section does not apply to a person who first becomes a 
noncovered employee under Article 14 on or after the 
implementation date of the plan created under  Section 1-161 
for that Article, unless that person elects under subsection 
(b) of Section 1-161 to instead receive the benefits provided 
under this Section and the applicable provisions of that 
Article.
    This Section does not apply to a person who first becomes a 
member or participant under Article 16 on or after the 
implementation date of the plan created under  Section 1-161 
for that Article, unless that person elects under subsection 
(b) of Section 1-161 to instead receive the benefits provided 
under this Section and the applicable provisions of that 
Article.
    This Section does not apply to a person who elects under 
subsection (c-5) of Section 1-161  to receive the benefits 
under Section 1-161. 
    This Section does not apply to a person who first becomes a 
member or participant of an affected pension fund on or after 6 
months after the resolution or ordinance date, as defined in 
Section 1-162, unless that person elects under subsection (c) 
of Section 1-162 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. 
    (b) "Final average salary" means, except as otherwise 
provided in this subsection, 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 96 consecutive months (or 8 consecutive 
years) of service within the last 120 months (or 10 years) of 
service in which the total salary or earnings calculated under 
the applicable Article was the highest by the number of months 
(or years) of service in that period. 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 
average salary" shall be substituted for  the following:
        (1) (Blank).
        (2) In Articles 8, 9, 10, 11, and 12, "highest average 
    annual salary for any 4 consecutive years within the last 
    10 years of service immediately preceding the date of 
    withdrawal". 
        (3) In Article 13, "average final salary". 
        (4) In Article 14, "final average compensation". 
        (5) In Article 17, "average salary". 
        (6) In Section 22-207, "wages or salary received by 
    him at the date of retirement or discharge". 
    A member of the Teachers' Retirement System of the State 
of Illinois who retires on or after June 1, 2021 and for whom 
the 2020-2021 school year is used in the calculation of the 
member's final average salary shall use the higher of the 
following for the purpose of determining the member's final 
average salary:
        (A) the amount otherwise calculated under the first 
    paragraph of this subsection; or
        (B) an amount calculated by the Teachers' Retirement 
    System of the State of Illinois using the average of the 
    monthly (or annual) salary obtained by dividing the total 
    salary or earnings calculated under Article 16 applicable 
    to the member or participant during the 96 months (or 8 
    years) of service within the last 120 months (or 10 years) 
    of service in which the total salary or earnings 
    calculated under the Article was the highest by the number 
    of months (or years) of service in that period.
    (b-5) Beginning on January 1, 2011, for all purposes under 
this Code (including without limitation the calculation of 
benefits and employee contributions), the annual earnings, 
salary, or wages (based on the plan year) of a member or 
participant to whom this Section applies shall not exceed 
$106,800; however, that amount shall annually thereafter be 
increased by the lesser of (i) 3% of that amount, including all 
previous adjustments, or (ii) 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, including all previous adjustments.
    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 = 100.  The new amount resulting from each annual 
adjustment
shall be determined by the Public Pension Division 
of the Department of Insurance and made available to the 
boards of the retirement systems and pension funds by November 
1 of each year. 
    (c) A member or participant is entitled to a retirement

annuity upon written application  if he or she has attained age 
67 (age 65, with respect to service under Article 12 that is 
subject to this Section, for a member or participant under 
Article 12 who first becomes a member or participant under 
Article 12 on or after January 1, 2022 or who makes the 
election under item (i) of subsection (d-15) of this Section) 
and has at least 10 years of service credit and is otherwise 
eligible under the requirements of the applicable Article. 
    A member or participant who has attained age 62 (age 60, 
with respect to service under Article 12 that is subject to 
this Section, for a member or participant under Article 12 who 
first becomes a member or participant under Article 12 on or 
after January 1, 2022 or who makes the election under item (i) 
of subsection (d-15) of this Section) and has at least 10 years 
of service credit and is otherwise eligible under the 
requirements of the applicable Article may elect to receive 
the lower retirement annuity provided
in subsection (d) of 
this Section. 
    (c-5) A person who first becomes a member or a participant 
subject to this Section on or after July 6, 2017 (the effective 
date of Public Act 100-23), notwithstanding any other 
provision of this Code to the contrary, is entitled to a 
retirement annuity under Article 8 or Article 11 upon written 
application if he or she has attained age 65 and has at least 
10 years of service credit and is otherwise eligible under the 
requirements of Article 8 or Article 11 of this Code, 
whichever is applicable. 
    (d) The retirement annuity of a member or participant who 
is retiring after attaining age 62 (age 60, with respect to 
service under Article 12 that is subject to this Section, for a 
member or participant under Article 12 who first becomes a 
member or participant under Article 12 on or after January 1, 
2022 or who makes the election under item (i) of subsection 
(d-15) of 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 (age 65, with respect to 
service under Article 12 that is subject to this Section, for a 
member or participant under Article 12 who first becomes a 
member or participant under Article 12 on or after January 1, 
2022 or who makes the election under item (i) of subsection 
(d-15) of this Section).
    (d-5) The retirement annuity payable under Article 8 or 
Article 11 to an eligible person subject to subsection (c-5) 
of this Section who is retiring at age 60 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 65. 
    (d-10) Each person who first became a member or 
participant under Article 8 or Article 11 of this Code on or 
after January 1, 2011 and prior to July 6, 2017 (the effective 
date of Public Act 100-23) this amendatory Act of the 100th 
General Assembly shall make an irrevocable election either:
        (i) to  be eligible for the reduced retirement age 
    provided in subsections (c-5)
and (d-5) of this Section, 
    the eligibility for which is conditioned upon the member 
    or participant agreeing to the increases in employee 
    contributions for age and service annuities provided in 
    subsection (a-5) of Section 8-174 of this Code (for 
    service under Article 8) or subsection (a-5) of Section 
    11-170 of this Code (for service under Article 11); or 
        (ii) to not agree to item (i) of this subsection 
    (d-10), in which case the member or participant shall 
    continue to be subject to the retirement age provisions in 
    subsections (c) and (d) of this Section and the employee 
    contributions for age and service annuity as provided in 
    subsection (a) of Section 8-174 of this Code (for service 
    under Article 8) or subsection (a) of Section 11-170 of 
    this Code (for service under Article 11). 
    The election provided for in this subsection shall be made 
between October 1, 2017 and November 15, 2017.  A person 
subject to this subsection who makes the required election 
shall remain bound by that election. A person subject to this 
subsection who fails for any reason to make the required 
election within the time specified in this subsection shall be 
deemed to have made the election under item (ii). 
    (d-15) Each person who first becomes a member or 
participant under Article 12 on or after January 1, 2011 and 
prior to January 1, 2022 shall make an irrevocable election 
either: 
        (i) to be eligible for the reduced retirement age 
    specified in subsections (c) and (d) of this Section, the 
    eligibility for which is conditioned upon the member or 
    participant agreeing to the increase in employee 
    contributions for service annuities specified in 
    subsection (b) of Section 12-150; or
        (ii) to not agree to item (i) of this subsection 
    (d-15), in which case the member or participant shall not 
    be eligible for the reduced retirement age specified in 
    subsections (c) and (d) of this Section and shall not be 
    subject to the increase in employee contributions for 
    service annuities specified in subsection (b) of Section 
    12-150. 
    The election provided for in this subsection shall be made 
between January 1, 2022 and April  1, 2022.  A person subject to 
this subsection who makes the required election shall remain 
bound by that election. A person subject to this subsection 
who fails for any reason to make the required election within 
the time specified in this subsection shall be deemed to have 
made the election under item (ii). 
    (e) Any retirement annuity or supplemental annuity shall 
be subject to annual increases on the January 1 occurring 
either on or after the attainment of age 67 (age 65, with 
respect to service under Article 12 that is subject to this 
Section, for a member or participant under Article 12 who 
first becomes a member or participant under Article 12 on or 
after January 1, 2022 or who makes the election under item (i) 
of subsection (d-15); and beginning on July 6, 2017 (the 
effective date of Public Act 100-23) this amendatory Act of 
the 100th General Assembly, age 65 with respect to service 
under Article 8 or Article 11 for eligible persons who: (i) are 
subject to subsection (c-5) of this Section; or (ii) made the 
election under item (i) of subsection (d-10) of this Section)  
or the first anniversary of the annuity start date, whichever 
is later. Each annual increase shall be calculated at 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,  of the originally granted retirement annuity. 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 or there is a decrease, then the 
annuity shall not be increased. 
    For the purposes of Section 1-103.1 of this Code, the 
changes made to this Section by Public Act 102-263  this 
amendatory Act of the 102nd General Assembly are applicable 
without regard to whether the employee was in active service 
on or after August 6, 2021 (the effective date of Public Act 
102-263) this amendatory Act of the 102nd General Assembly. 
    For the purposes of Section 1-103.1 of this Code, the 
changes made to this Section by Public Act 100-23  this 
amendatory Act of the 100th General Assembly are applicable 
without regard to whether the employee was in active service 
on or after July 6, 2017 (the effective date of Public Act 
100-23) this amendatory Act of the 100th General Assembly. 
    (f) 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 January 1, 2011 shall be in the amount of 66 2/3% of the 
retired member's or participant's retirement annuity at the 
date of death. 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 January 1, 2011, eligibility for a 
survivor's or widow's annuity shall be determined by the 
applicable Article of this Code. The initial benefit shall be 
66 2/3% of the earned annuity without a reduction due to age. A 
child's annuity of an otherwise eligible child shall be in the 
amount prescribed under each Article if applicable.  Any 
survivor's or widow's annuity shall be increased (1) on each 
January 1 occurring on or after the commencement of the 
annuity if
the deceased member died while receiving a 
retirement annuity or (2) in
other cases, on each January 1 
occurring after the first anniversary
of the commencement of 
the annuity. Each annual  increase shall be calculated at 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,  of the originally granted survivor's annuity. 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 or there is a decrease, then the 
annuity shall not be increased. 
    (g) The benefits in Section 14-110 apply only if the 
person is a State policeman, a fire fighter in the fire 
protection service of a department, a conservation police 
officer, an investigator for the Secretary of State, an arson 
investigator, a Commerce Commission police officer, 
investigator for the Department of Revenue or the

Illinois 
Gaming Board, a security employee of the Department of 
Corrections or the Department of Juvenile Justice, or a 
security employee of the Department of Innovation and 
Technology, as those terms are defined in subsection (b) and 
subsection (c) of Section 14-110. 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 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. 
    (g-5) The benefits in Section 14-110 apply if the person 
is a State policeman, investigator for the Secretary of State, 
conservation police officer, investigator for the Department 
of Revenue or the

Illinois Gaming Board, investigator for the 
Office of the Attorney

General, Commerce Commission police 
officer, or arson investigator, as those terms are defined in 
subsection (b) and subsection (c) of Section 14-110. 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 service with not less than 20 years 
of eligible creditable service and has attained age 55, 
regardless of whether the attainment of age 55 occurs while 
the person is still in service. 
    (h) If a person who first becomes a member or a participant 
of a retirement system or pension fund subject to this Section 
on or after January 1, 2011 is receiving a retirement annuity 
or retirement pension under that system or fund and becomes a 
member or participant under any other system or fund created 
by this Code and is employed on a full-time basis, except for 
those members or participants exempted from the provisions of 
this Section under subsection (a) of this Section, then the 
person's retirement annuity or retirement pension under that 
system or fund shall be suspended during that employment. Upon 
termination of that employment, the person's retirement 
annuity or retirement pension payments shall resume and be 
recalculated if recalculation is provided for under the 
applicable Article of this Code.
    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 
contractual service.  A person receiving an annuity or 
retirement pension under this Code shall notify the pension 
fund or retirement system from which he or she is receiving an 
annuity or retirement pension, as well as  his or her 
contractual employer, of his or her retirement status before 
accepting contractual employment. A person who fails to submit 
such notification shall be guilty of a Class A misdemeanor and 
required to pay  a fine of $1,000. Upon termination of that 
contractual employment, the person's retirement annuity or 
retirement pension payments shall resume and, if appropriate, 
be recalculated under the applicable provisions of this Code. 
    (i) (Blank). 
    (j) In the case of a conflict between the provisions of 
this Section and any other provision of this Code, the 
provisions of this Section shall control.

(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; 
102-210, eff. 1-1-22; 102-263, eff. 8-6-21; revised 9-28-21.)
 
    Section 15. The Law Enforcement Intern Training Act is 
amended  by adding Section 24 as follows:
 
    (50 ILCS 708/24 new)
    Sec. 24. Transfer credits from public institutions of 
higher education.
    (a)   As used in this Section, "public institutions of 
higher education" has the meaning ascribed to that term in the 
Board of Higher Education Act.
    (b)   The Board shall collaborate with the Illinois 
Community College Board and the Board of Higher Education to 
create a report with recommendations to the General Assembly 
for establishing minimum requirements for credits that may 
transfer from public institutions of higher education to 
satisfy the requirements of law enforcement and correctional 
intern courses under this Act. 
    (c) The report shall be submitted to the General Assembly 
no later than July 1, 2023. 
 
    Section 20. The Counties Code is amended by adding Section 
3-6042 as follows:
 
    (55 ILCS 5/3-6042 new)
    Sec. 3-6042. Retiring employee; purchase of service 
firearm and badge. Each Sheriff shall establish a program to 
allow an employee of the Sheriff's Department who is honorably 
retiring in good standing to purchase either one or both of the 
following: (1) any badge previously issued to the employee by 
the Sheriff's Department; or (2) if the employee has a 
currently valid Firearm Owner's Identification Card, the 
service firearm issued or previously issued to the employee by 
the Sheriff's Department. The badge must be permanently and 
conspicuously marked in such a manner that the individual who 
possesses the badge is not mistaken for an actively serving 
law enforcement officer. The cost of the firearm shall be the 
replacement value of the firearm and not the firearm's fair 
market value.
 
    Section 25. The Illinois  Gambling Act is amended by adding 
Section 5.4 as follows:
 
    (230 ILCS 10/5.4 new)
    Sec. 5.4. Retiring investigators; purchase of service 
firearm and badge. The Board shall establish a program to 
allow an investigator appointed under paragraph (20.6) of 
subsection (c) of Section 4 who is honorably retiring in good 
standing to purchase either one or both of the following: (1) 
any badge previously issued to the investigator by the Board; 
or (2) if the investigator has a currently valid Firearm 
Owner's Identification Card, the service firearm issued or 
previously issued to the investigator by the Board. The badge 
must be permanently and conspicuously marked in such a manner 
that the individual who possesses the badge is not mistaken 
for an actively serving law enforcement officer. The cost of 
the firearm shall be the replacement value of the firearm and 
not the firearm's fair market value.
 
    Section 30. The Unified Code of Corrections is amended by 
adding Section 3-2-10.5 as follows:
 
    (730 ILCS 5/3-2-10.5 new)
    Sec. 3-2-10.5. Retiring security employees and parole 
agents; purchase of service firearm and badge. The Director 
shall establish a program to allow a security employee or 
parole agent of the Department who is honorably retiring in 
good standing to purchase either one or both of the following: 
(1) any badge previously issued to the security employee or 
parole agent by the Department; or (2) if the security 
employee or parole agent has a currently valid Firearm Owner's 
Identification Card, the service firearm issued or previously 
issued to the security employee or parole agent by the 
Department. The badge must be permanently and conspicuously 
marked in such a manner that the individual who possesses the 
badge is not mistaken for an actively serving law enforcement 
officer. The cost of the firearm shall be the replacement 
value of the firearm and not the firearm's fair market value.
 
    Section 35. The Probation and Probation Officers Act is 
amended by adding Section 15.2 as follows:
 
    (730 ILCS 110/15.2 new)
    Sec. 15.2. Retiring probation officer; purchase of service 
firearm and badge. Each department shall establish a program 
to allow a probation officer of the department who is 
honorably retiring in good standing to purchase either one or 
both of the following: (1) any badge previously issued to the 
probation officer by the department; or (2) if the probation 
officer has a currently valid Firearm Owner's Identification 
Card, the service firearm issued or previously issued to the 
probation officer by the department. The badge must be 
permanently and conspicuously marked in such a manner that the 
individual who possesses the badge is not mistaken for an 
actively serving law enforcement officer. The cost of the 
firearm shall be the replacement value of the firearm and not 
the firearm's fair market value.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law, except that Section 15 takes effect January 1, 
2023.