State of Illinois
91st General Assembly
Legislation

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91_HB0366

 
                                               LRB9101360EGfg

 1        AN ACT to amend the Illinois  Pension  Code  by  changing
 2    Section 6-128 and to amend the State Mandates Act.

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

 5        Section 5.  The  Illinois  Pension  Code  is  amended  by
 6    changing Section 6-128 as follows:

 7        (40 ILCS 5/6-128) (from Ch. 108 1/2, par. 6-128)
 8        Sec.  6-128.  (a)  A  future  entrant who withdraws on or
 9    after July 21, 1959, after completing at least  23  years  of
10    service,  and for whom the annuity otherwise provided in this
11    Article is less than that stated in this Section, has a right
12    to receive annuity as follows:
13        If he is age 53 or more on withdrawal, his annuity  after
14    withdrawal,  shall  be  equal  to  50%  of his average salary
15    determined by striking an average of  4  consecutive  highest
16    years   of  salary  within  the  last  10  years  of  service
17    immediately preceding the date of withdrawal.
18        An employee who reaches compulsory retirement age and who
19    has less than 23 years of service  shall  be  entitled  to  a
20    minimum  annuity equal to an amount determined by the product
21    of (1) his years of service and (2) 2% of his average salary
22    for the 4 consecutive highest years of salary within the last
23    10  years  of  service  immediately  prior  to  his  reaching
24    compulsory retirement age.
25        An employee who remains in service after  qualifying  for
26    annuity  under  this Section shall have added to this annuity
27    an additional 1% of average salary for each completed year of
28    service or fraction thereof rendered until July 21, 1959, and
29    an additional 1% for a total of 2%  of  average  salary  from
30    July  21,  1959.   Each  future  entrant who has completed 23
31    years of service before reaching age 53 shall have  added  to
 
                            -2-                LRB9101360EGfg
 1    this  annuity 1% of average salary for each completed year of
 2    service or fraction thereof in excess of 23 years up  to  age
 3    53.  "Salary"  as  referred  to  in  this  paragraph shall be
 4    determined by  striking  an  average  of  the  4  consecutive
 5    highest  years  of salary within the last 10 years of service
 6    immediately preceding withdrawal.
 7        (b)  In lieu of the annuity  provided  in  the  foregoing
 8    provisions  of  this Section any future entrant who withdraws
 9    from the service either (i) after December 31, 1983  with  at
10    least  22  years of service credit and having attained age 52
11    in the service, or (ii) after December 31, 1984 with at least
12    21 years of service credit and having attained age 51 in  the
13    service,  or  (iii)  after December 31, 1985 with at least 20
14    years of service credit and having attained  age  50  in  the
15    service,  or  (iv)  after  December 31, 1990 with at least 20
16    years of service regardless of age, may elect to  receive  an
17    annuity,  to begin not earlier than upon attainment of age 50
18    if under that age at withdrawal,  computed  as  follows:   an
19    annuity  equal to 50% of the average salary for the 4 highest
20    consecutive years of the  last  10  years  of  service,  plus
21    additional  annuity  equal  to  2% of such average salary for
22    each completed year of service or fraction  thereof  rendered
23    after  his  completion  of  the  minimum  number  of years of
24    service required for him to be eligible under this subsection
25    (b).  However, the annuity provided under this subsection (b)
26    may not exceed 75% of such average salary.
27        (c)  In  lieu  of  the  annuity  provided  in  any  other
28    provision of this Section, a  future  entrant  who  withdraws
29    from  service  after December 31, 1999 with at least 20 years
30    of service may elect to  receive  an  annuity,  to  begin  no
31    earlier  than  upon attainment of age 50 if under that age at
32    withdrawal, equal to 50%  of  average  salary  plus  2.5%  of
33    average salary for each completed year of service or fraction
34    thereof over 20, but not to exceed 75% of average salary.
 
                            -3-                LRB9101360EGfg
 1        (d)  For  the  purpose  of this Section, "average salary"
 2    means the average of  the  highest  4  consecutive  years  of
 3    salary within the last 10 years of service.
 4    (Source: P.A. 86-1488.)

 5        Section  90.  The State Mandates Act is amended by adding
 6    Section 8.23 as follows:

 7        (30 ILCS 805/8.23 new)
 8        Sec. 8.23. Exempt mandate.   Notwithstanding  Sections  6
 9    and  8 of this Act, no reimbursement by the State is required
10    for  the  implementation  of  any  mandate  created  by  this
11    amendatory Act of the 91st General Assembly.

12        Section 99. Effective date.  This Act takes  effect  upon
13    becoming law.

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