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Illinois General Assembly· HB 5196Governor Approved

PEN CD-ACCELERATED BENEFIT, the official text

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HB5196 Enrolled                     LRB104 20278 RPS 33729 b

1   AN ACT concerning public employee benefits.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The General Obligation Bond Act is amended by

5 changing Sections 2, 2.5, and 7.7 as follows:

6   (30 ILCS 330/2) (from Ch. 127, par. 652)

7   Sec. 2. Authorization for Bonds. The State of Illinois is

8 authorized to issue, sell and provide for the retirement of

9 General Obligation Bonds of the State of Illinois for the

10 categories and specific purposes expressed in Sections 2

11 through 8 of this Act, in the total amount of $83,664,839,969

12 $82,664,839,969.

13  The bonds authorized in this Section 2 and in Section 16 of

14 this Act are herein called "Bonds".

15  Of the total amount of Bonds authorized in this Act, up to

16 $2,200,000,000 in aggregate original principal amount may be

17 issued and sold in accordance with the Baccalaureate Savings

18 Act in the form of General Obligation College Savings Bonds.

19  Of the total amount of Bonds authorized in this Act, up to

20 $300,000,000 in aggregate original principal amount may be

21 issued and sold in accordance with the Retirement Savings Act

22 in the form of General Obligation Retirement Savings Bonds.

23  Of the total amount of Bonds authorized in this Act, the
    HB5196 Enrolled             -2-   LRB104 20278 RPS 33729 b

1 additional $10,000,000,000 authorized by Public Act 93-2, the

2 $3,466,000,000 authorized by Public Act 96-43, and the

3 $4,096,348,300 authorized by Public Act 96-1497 shall be used

4 solely as provided in Section 7.2.

5   Of the total amount of Bonds authorized in this Act, the

6 additional $6,000,000,000 authorized by Public Act 100-23

7 shall be used solely as provided in Section 7.6 and shall be

8 issued by December 31, 2017.

9   Of the total amount of Bonds authorized in this Act,

10 $3,200,000,000 $2,200,000,000 of the additional amount

11 authorized by Public Act 100-587, Public Act 102-718, Public

12 Act 104-8, and this amendatory Act of the 104th General

13 Assembly and this amendatory Act of the 104th General Assembly

14 shall be used solely as provided in Section 7.7.

15  The issuance and sale of Bonds pursuant to the General

16 Obligation Bond Act is an economical and efficient method of

17 financing the long-term capital needs of the State. This Act

18 will permit the issuance of a multi-purpose General Obligation

19 Bond with uniform terms and features. This will not only lower

20 the cost of registration but also reduce the overall cost of

21 issuing debt by improving the marketability of Illinois

22 General Obligation Bonds.

23 (Source: P.A. 103-7, eff. 7-1-23; 103-591, eff. 7-1-24; 104-8,

24 eff. 1-1-26.)

25  (30 ILCS 330/2.5)
    HB5196 Enrolled  -3-  LRB104 20278 RPS 33729 b

1   Sec. 2.5. Limitation on issuance of Bonds.

2   (a) Except as provided in subsection (b), no Bonds may be

3 issued if, after the issuance, in the next State fiscal year

4 after the issuance of the Bonds, the amount of debt service

5 (including principal, whether payable at maturity or pursuant

6 to mandatory sinking fund installments, and interest) on all

7 then-outstanding Bonds, other than (i) Bonds authorized by

8 Public Act 100-23, (ii) Bonds authorized issued by Public Act

9 96-43, (iii) Bonds authorized by Public Act 96-1497, (iv)

10 Bonds authorized by Public Act 100-587, and (v) Bonds

11 authorized by Public Act 102-718 this amendatory Act of the

12 102nd General Assembly, (vi) Bonds authorized by the changes

13 made to Section 7.7 by Public Act 104-8, and (vii) Bonds

14 authorized by this amendatory Act of the 104th General

15 Assembly, would exceed 7% of the aggregate appropriations from

16 the general funds, the State Construction Account Fund, and

17 the Road Fund for the fiscal year immediately prior to the

18 fiscal year of the issuance. For the purposes of this

19 subsection (a), "general funds" has the same meaning as

20 ascribed to that term under Section 50-40 of the State Budget

21 Law of the Civil Administrative Code of Illinois.

22  (b) If the Comptroller and Treasurer each consent in

23 writing, Bonds may be issued even if the issuance does not

24 comply with subsection (a). In addition, $2,000,000,000 in

25 Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7,

26 and $2,000,000,000 in Refunding Bonds under Section 16, may be
    HB5196 Enrolled    -4-  LRB104 20278 RPS 33729 b

1 issued during State fiscal year 2017 without complying with
2 subsection (a). In addition, $2,000,000,000 in Bonds for the
3 purposes set forth in Sections 3, 4, 5, 6, and 7, and
4 $2,000,000,000 in Refunding Bonds under Section 16, may be
5 issued during State fiscal year 2018 without complying with
6 subsection (a).
7 (Source: P.A. 101-30, eff. 6-28-19; 102-718, eff. 5-5-22.)

8   (30 ILCS 330/7.7)

9   Sec. 7.7. State Pension Obligation Acceleration Bonds.

10  (a) As used in this Act, "State Pension Obligation

11 Acceleration Bonds" means Bonds authorized by Public Act

12 100-587, Public Act 102-718, Public Act 104-8, and this

13 amendatory Act of the 104th General Assembly and this

14 amendatory Act of the 104th General Assembly and used for the

15 purpose of making accelerated pension benefit payments under

16 Articles 14, 15, and 16 of the Illinois Pension Code.

17  (b) State Pension Obligation Acceleration Bonds in the

18 amount of $3,200,000,000 $2,200,000,000 are hereby authorized

19 to be used for the purpose of making accelerated pension

20 benefit payments under Articles 14, 15, and 16 of the Illinois

21 Pension Code.

22  (c) The proceeds of State Pension Obligation Acceleration

23 Bonds authorized in subsection (b) of this Section, less the

24 amounts authorized in the Bond Sale Order to be directly paid

25 out for bond sale expenses under Section 8, shall be deposited
    HB5196 Enrolled              -5-   LRB104 20278 RPS 33729 b

1 directly into the State Pension Obligation Acceleration Bond

2 Fund, and the Comptroller and the Treasurer shall, as soon as

3 practical, make accelerated pension benefit payments under

4 Articles 14, 15, and 16 of the Illinois Pension Code.

5   (d) There is created the State Pension Obligation

6 Acceleration Bond Fund as a special fund in the State

7 Treasury. Funds deposited in the State Pension Obligation

8 Acceleration Bond Fund may only be used for the purpose of

9 making accelerated pension benefit payments under Articles 14,

10 15, and 16 of the Illinois Pension Code or for the payment of

11 principal and interest due on State Pension Obligation

12 Acceleration Bonds. This subsection shall constitute an

13 irrevocable and continuing appropriation of all amounts

14 necessary for such purposes.

15 (Source: P.A. 104-8, eff. 1-1-26.)

16  Section 10. The Illinois Pension Code is amended by

17 changing Sections 14-147.5, 14-147.6, 15-185.5, 15-185.6,

18 16-190.5, and 16-190.6 as follows:

19  (40 ILCS 5/14-147.5)

20  Sec. 14-147.5. Accelerated pension benefit payment in lieu

21 of any pension benefit.

22  (a) As used in this Section:

23  "Eligible person" means a person who:

24  (1) has terminated service;
    HB5196 Enrolled      -6-  LRB104 20278 RPS 33729 b

1   (2) has accrued sufficient service credit to be

2   eligible to receive a retirement annuity under this

3   Article;

4   (3) has not received any retirement annuity under this

5   Article; and

6   (4) has not made the election under Section 14-147.6.

7   "Pension benefit" means the benefits under this Article,

8 or Article 1 as it relates to those benefits, including any

9 anticipated annual increases, that an eligible person is

10 entitled to upon attainment of the applicable retirement age.

11 "Pension benefit" also includes applicable survivor's or

12 disability benefits.

13  (b) As soon as practical after June 4, 2018 (the effective

14 date of Public Act 100-587), the System shall calculate, using

15 actuarial tables and other assumptions adopted by the Board,

16 the present value of pension benefits for each eligible person

17 who requests that information and shall offer each eligible

18 person the opportunity to irrevocably elect to receive an

19 amount determined by the System to be equal to 60% of the

20 present value of his or her pension benefits in lieu of

21 receiving any pension benefit. The offer shall specify the

22 dollar amount that the eligible person will receive if he or

23 she so elects and shall expire when a subsequent offer is made

24 to an eligible person. An eligible person is limited to one

25 calculation and offer per calendar year. The System shall make

26 a good faith effort to contact every eligible person to notify
    HB5196 Enrolled            -7-  LRB104 20278 RPS 33729 b

1 him or her of the election.

2   Until June 30, 2028 2026, an eligible person may

3 irrevocably elect to receive an accelerated pension benefit

4 payment in the amount that the System offers under this

5 subsection in lieu of receiving any pension benefit. A person

6 who elects to receive an accelerated pension benefit payment

7 under this Section may not elect to proceed under the

8 Retirement Systems Reciprocal Act with respect to service

9 under this Article.

10  (c) A person's creditable service under this Article shall

11 be terminated upon the person's receipt of an accelerated

12 pension benefit payment under this Section, and no other

13 benefit shall be paid under this Article based on the

14 terminated creditable service, including any retirement,

15 survivor, or other benefit; except that to the extent that

16 participation, benefits, or premiums under the State Employees

17 Group Insurance Act of 1971 are based on the amount of service

18 credit, the terminated service credit shall be used for that

19 purpose.

20  (d) If a person who has received an accelerated pension

21 benefit payment under this Section returns to active service

22 under this Article, then:

23  (1) Any benefits under the System earned as a result

24  of that return to active service shall be based solely on

25  the person's creditable service arising from the return to

26  active service.
    HB5196 Enrolled  -8-  LRB104 20278 RPS 33729 b

1   (2) The accelerated pension benefit payment may not be

2   repaid to the System, and the terminated creditable

3   service may not under any circumstances be reinstated.

4   (e) As a condition of receiving an accelerated pension

5 benefit payment, the accelerated pension benefit payment must

6 be transferred into a tax qualified retirement plan or

7 account. The accelerated pension benefit payment under this

8 Section may be subject to withholding or payment of applicable

9 taxes, but to the extent permitted by federal law, a person who

10 receives an accelerated pension benefit payment under this

11 Section must direct the System to pay all of that payment as a

12 rollover into another retirement plan or account qualified

13 under the Internal Revenue Code of 1986, as amended.

14  (f) Upon receipt of a member's irrevocable election to

15 receive an accelerated pension benefit payment under this

16 Section, the System shall submit a voucher to the Comptroller

17 for payment of the member's accelerated pension benefit

18 payment. The Comptroller shall transfer the amount of the

19 voucher from the State Pension Obligation Acceleration Bond

20 Fund to the System, and the System shall transfer the amount

21 into the member's eligible retirement plan or qualified

22 account.

23  (g) The Board shall adopt any rules, including emergency

24 rules, necessary to implement this Section.

25  (h) No provision of this Section shall be interpreted in a

26 way that would cause the applicable System to cease to be a
    HB5196 Enrolled       -9-     LRB104 20278 RPS 33729 b

1 qualified plan under the Internal Revenue Code of 1986.
2 (Source: P.A. 101-10, eff. 6-5-19; 102-718, eff. 5-5-22.)

3   (40 ILCS 5/14-147.6)

4   Sec. 14-147.6. Accelerated pension benefit payment for a

5 reduction in annual retirement annuity and survivor's annuity

6 increases.

7   (a) As used in this Section:

8   "Accelerated pension benefit payment" means a lump sum

9 payment equal to 70% of the difference of the present value of

10 the automatic annual increases to a Tier 1 member's retirement

11 annuity and survivor's annuity using the formula applicable to

12 the Tier 1 member and the present value of the automatic annual

13 increases to the Tier 1 member's retirement annuity using the

14 formula provided under subsection (b-5) and survivor's annuity

15 using the formula provided under subsection (b-6).

16  "Eligible person" means a person who:

17  (1) is a Tier 1 member;

18  (2) has submitted an application for a retirement

19  annuity under this Article;

20  (3) meets the age and service requirements for

21  receiving a retirement annuity under this Article;

22  (4) has not received any retirement annuity under this

23  Article; and

24  (5) has not made the election under Section 14-147.5.

25  (b) As soon as practical after June 4, 2018 (the effective
    HB5196 Enrolled             - 10 - LRB104 20278 RPS 33729 b

1 date of Public Act 100-587) and until June 30, 2028 2026, the

2 System shall implement an accelerated pension benefit payment

3 option for eligible persons. Upon the request of an eligible

4 person, the System shall calculate, using actuarial tables and

5 other assumptions adopted by the Board, an accelerated pension

6 benefit payment amount and shall offer that eligible person

7 the opportunity to irrevocably elect to have his or her

8 automatic annual increases in retirement annuity calculated in

9 accordance with the formula provided under subsection (b-5)

10 and any increases in survivor's annuity payable to his or her

11 survivor's annuity beneficiary calculated in accordance with

12 the formula provided under subsection (b-6) in exchange for

13 the accelerated pension benefit payment. The election under

14 this subsection must be made before the eligible person

15 receives the first payment of a retirement annuity otherwise

16 payable under this Article.

17  (b-5) Notwithstanding any other provision of law, the

18 retirement annuity of a person who made the election under

19 subsection (b) shall be subject to annual increases on the

20 January 1 occurring either on or after the attainment of age 67

21 or the first anniversary of the annuity start date, whichever

22 is later. Each annual increase shall be calculated at 1.5% of

23 the originally granted retirement annuity.

24  (b-6) Notwithstanding any other provision of law, a

25 survivor's annuity payable to a survivor's annuity beneficiary

26 of a person who made the election under subsection (b) shall be
    HB5196 Enrolled        - 11 - LRB104 20278 RPS 33729 b

1 subject to annual increases on the January 1 occurring on or

2 after the first anniversary of the commencement of the

3 annuity. Each annual increase shall be calculated at 1.5% of

4 the originally granted survivor's annuity.

5   (c) If a person who has received an accelerated pension

6 benefit payment returns to active service under this Article,

7 then:

8        (1) the calculation of any future automatic annual

9   increase in retirement annuity shall be calculated in

10  accordance with the formula provided under subsection

11  (b-5); and

12       (2) the accelerated pension benefit payment may not be

13  repaid to the System.

14  (d) As a condition of receiving an accelerated pension

15 benefit payment, the accelerated pension benefit payment must

16 be transferred into a tax qualified retirement plan or

17 account. The accelerated pension benefit payment under this

18 Section may be subject to withholding or payment of applicable

19 taxes, but to the extent permitted by federal law, a person who

20 receives an accelerated pension benefit payment under this

21 Section must direct the System to pay all of that payment as a

22 rollover into another retirement plan or account qualified

23 under the Internal Revenue Code of 1986, as amended.

24  (d-5) Upon receipt of a member's irrevocable election to

25 receive an accelerated pension benefit payment under this

26 Section, the System shall submit a voucher to the Comptroller
    HB5196 Enrolled         - 12 - LRB104 20278 RPS 33729 b

1 for payment of the member's accelerated pension benefit

2 payment. The Comptroller shall transfer the amount of the

3 voucher to the System, and the System shall transfer the

4 amount into a member's eligible retirement plan or qualified

5 account.

6   (e) The Board shall adopt any rules, including emergency

7 rules, necessary to implement this Section.

8   (f) No provision of this Section shall be interpreted in a

9 way that would cause the applicable System to cease to be a

10 qualified plan under the Internal Revenue Code of 1986.

11 (Source: P.A. 101-10, eff. 6-5-19; 102-718, eff. 5-5-22.)

12  (40 ILCS 5/15-185.5)

13  Sec. 15-185.5. Accelerated pension benefit payment in lieu

14 of any pension benefit.

15  (a) As used in this Section:

16  "Eligible person" means a person who:

17       (1) has terminated service;

18       (2) has accrued sufficient service credit to be

19  eligible to receive a retirement annuity under this

20  Article;

21       (3) has not received any retirement annuity under this

22  Article;

23       (4) has not made the election under Section 15-185.6;

24  and

25       (5) is not a participant in the self-managed plan
    HB5196 Enrolled          - 13 - LRB104 20278 RPS 33729 b

1   under Section 15-158.2.

2   "Implementation date" means the earliest date upon which

3 the Board authorizes eligible persons to begin irrevocably

4 electing the accelerated pension benefit payment option under

5 this Section. The Board shall endeavor to make such

6 participation available as soon as possible after June 4, 2018

7 (the effective date of Public Act 100-587) and shall establish

8 an implementation date by Board resolution.

9   "Pension benefit" means the benefits under this Article,

10 or Article 1 as it relates to those benefits, including any

11 anticipated annual increases, that an eligible person is

12 entitled to upon attainment of the applicable retirement age.

13 "Pension benefit" also includes applicable survivors benefits,

14 disability benefits, or disability retirement annuity

15 benefits.

16  (b) Beginning on the implementation date, the System shall

17 offer each eligible person the opportunity to irrevocably

18 elect to receive an amount determined by the System to be equal

19 to 60% of the present value of his or her pension benefits in

20 lieu of receiving any pension benefit. The System shall

21 calculate, using actuarial tables and other assumptions

22 adopted by the Board, the present value of pension benefits

23 for each eligible person upon his or her request in writing to

24 the System. The System shall not perform more than one

25 calculation per eligible member in a State fiscal year. The

26 offer shall specify the dollar amount that the eligible person
    HB5196 Enrolled  - 14 - LRB104 20278 RPS 33729 b

1 will receive if he or she so elects and shall expire when a

2 subsequent offer is made to an eligible person. The System

3 shall make a good faith effort to contact every eligible

4 person to notify him or her of the election.

5   Beginning on the implementation date and until June 30,

6 2028 2026, an eligible person may irrevocably elect to receive

7 an accelerated pension benefit payment in the amount that the

8 System offers under this subsection in lieu of receiving any

9 pension benefit. A person who elects to receive an accelerated

10 pension benefit payment under this Section may not elect to

11 proceed under the Retirement Systems Reciprocal Act with

12 respect to service under this Article.

13  (c) Upon payment of an accelerated pension benefit payment

14 under this Section, the person forfeits all accrued rights and

15 credits in the System and no other benefit shall be paid under

16 this Article based on those forfeited rights and credits,

17 including any retirement, survivor, or other benefit; except

18 that to the extent that participation, benefits, or premiums

19 under the State Employees Group Insurance Act of 1971 are

20 based on the amount of service credit, the terminated service

21 credit shall be used for that purpose.

22  (d) If a person who has received an accelerated pension

23 benefit payment under this Section returns to participation

24 under this Article, any benefits under the System earned as a

25 result of that return to participation shall be based solely

26 on the person's credits and creditable service arising from
    HB5196 Enrolled  - 15 - LRB104 20278 RPS 33729 b

1 the return to participation. Upon return to participation, the

2 person shall be considered a new employee subject to all the

3 qualifying conditions for participation and eligibility for

4 benefits applicable to new employees.

5   (d-5) The accelerated pension benefit payment may not be

6 repaid to the System, and the forfeited rights and credits may

7 not under any circumstances be reinstated.

8   (e) As a condition of receiving an accelerated pension

9 benefit payment, the accelerated pension benefit payment must

10 be deposited into a tax qualified retirement plan or account

11 identified by the eligible person at the time of the election.

12 The accelerated pension benefit payment under this Section may

13 be subject to withholding or payment of applicable taxes, but

14 to the extent permitted by federal law, a person who receives

15 an accelerated pension benefit payment under this Section must

16 direct the System to pay all of that payment as a rollover into

17 another retirement plan or account qualified under the

18 Internal Revenue Code of 1986, as amended.

19  (f) The System shall submit vouchers to the State

20 Comptroller for the payment of accelerated pension benefit

21 payments under this Section. The State Comptroller shall pay

22 the amounts of the vouchers from the State Pension Obligation

23 Acceleration Bond Fund to the System, and the System shall

24 deposit the amounts into the applicable tax qualified plans or

25 accounts.

26  (g) The Board shall adopt any rules, including emergency
    HB5196 Enrolled       - 16 - LRB104 20278 RPS 33729 b

1 rules, necessary to implement this Section.

2   (h) No provision of this Section shall be interpreted in a

3 way that would cause the System to cease to be a qualified plan

4 under the Internal Revenue Code of 1986.

5 (Source: P.A. 101-10, eff. 6-5-19; 102-718, eff. 5-5-22.)

6   (40 ILCS 5/15-185.6)

7   Sec. 15-185.6. Accelerated pension benefit payment for a

8 reduction in an annual increase to a retirement annuity and an

9 annuity benefit payable as a result of death.

10  (a) As used in this Section:

11  "Accelerated pension benefit payment" means a lump sum

12 payment equal to 70% of the difference of: (i) the present

13 value of the automatic annual increases to a Tier 1 member's

14 retirement annuity, including any increases to any annuity

15 benefit payable as a result of his or her death, using the

16 formula applicable to the Tier 1 member; and (ii) the present

17 value of the automatic annual increases to the Tier 1 member's

18 retirement annuity, including any increases to any annuity

19 benefit payable as a result of his or her death, using the

20 formula provided under subsection (b-5).

21  "Eligible person" means a person who:

22  (1) is a Tier 1 member;

23  (2) has submitted an application for a retirement

24  annuity under this Article;

25  (3) meets the age and service requirements for
    HB5196 Enrolled          - 17 - LRB104 20278 RPS 33729 b

1   receiving a retirement annuity under this Article;

2        (4) has not received any retirement annuity under this

3   Article;

4        (5) has not made the election under Section 15-185.5;

5   and

6        (6) is not a participant in the self-managed plan

7   under Section 15-158.2.

8   "Implementation date" means the earliest date upon which

9 the Board authorizes eligible persons to begin irrevocably

10 electing the accelerated pension benefit payment option under

11 this Section. The Board shall endeavor to make such

12 participation available as soon as possible after June 4, 2018

13 (the effective date of Public Act 100-587) and shall establish

14 an implementation date by Board resolution.

15  (b) Beginning on the implementation date and until June

16 30, 2028 2026, the System shall implement an accelerated

17 pension benefit payment option for eligible persons. The

18 System shall calculate, using actuarial tables and other

19 assumptions adopted by the Board, an accelerated pension

20 benefit payment amount for an eligible person upon his or her

21 request in writing to the System and shall offer that eligible

22 person the opportunity to irrevocably elect to have his or her

23 automatic annual increases in retirement annuity and any

24 annuity benefit payable as a result of his or her death

25 calculated in accordance with the formula provided in

26 subsection (b-5) in exchange for the accelerated pension
    HB5196 Enrolled  - 18 - LRB104 20278 RPS 33729 b

1 benefit payment. The System shall not perform more than one

2 calculation under this Section per eligible person in a State

3 fiscal year. The election under this subsection must be made

4 before any retirement annuity is paid to the eligible person,

5 and the eligible survivor, spouse, or contingent annuitant, as

6 applicable, must consent to the election under this

7 subsection.

8   (b-5) Notwithstanding any other provision of law, the

9 retirement annuity of a person who made the election under

10 subsection (b) shall be increased annually beginning on the

11 January 1 occurring either on or after the attainment of age 67

12 or the first anniversary of the annuity start date, whichever

13 is later, and any annuity benefit payable as a result of his or

14 her death shall be increased annually beginning on: (1) the

15 January 1 occurring on or after the commencement of the

16 annuity if the deceased Tier 1 member died while receiving a

17 retirement annuity; or (2) the January 1 occurring after the

18 first anniversary of the commencement of the benefit. Each

19 annual increase shall be calculated at 1.5% of the originally

20 granted retirement annuity or annuity benefit payable as a

21 result of the Tier 1 member's death.

22  (c) If an annuitant who has received an accelerated

23 pension benefit payment returns to participation under this

24 Article, the calculation of any future automatic annual

25 increase in retirement annuity under subsection (c) of Section

26 15-139 shall be calculated in accordance with the formula
    HB5196 Enrolled      - 19 - LRB104 20278 RPS 33729 b

1 provided in subsection (b-5).

2   (c-5) The accelerated pension benefit payment may not be

3 repaid to the System.

4   (d) As a condition of receiving an accelerated pension

5 benefit payment, the accelerated pension benefit payment must

6 be deposited into a tax qualified retirement plan or account

7 identified by the eligible person at the time of election. The

8 accelerated pension benefit payment under this Section may be

9 subject to withholding or payment of applicable taxes, but to

10 the extent permitted by federal law, a person who receives an

11 accelerated pension benefit payment under this Section must

12 direct the System to pay all of that payment as a rollover into

13 another retirement plan or account qualified under the

14 Internal Revenue Code of 1986, as amended.

15  (d-5) The System shall submit vouchers to the State

16 Comptroller for the payment of accelerated pension benefit

17 payments under this Section. The State Comptroller shall pay

18 the amounts of the vouchers from the State Pension Obligation

19 Acceleration Bond Fund to the System, and the System shall

20 deposit the amounts into the applicable tax qualified plans or

21 accounts.

22  (e) The Board shall adopt any rules, including emergency

23 rules, necessary to implement this Section.

24  (f) No provision of this Section shall be interpreted in a

25 way that would cause the System to cease to be a qualified plan

26 under the Internal Revenue Code of 1986.
    HB5196 Enrolled        - 20 - LRB104 20278 RPS 33729 b

1 (Source: P.A. 101-10, eff. 6-5-19; 102-718, eff. 5-5-22.)

2   (40 ILCS 5/16-190.5)

3   Sec. 16-190.5. Accelerated pension benefit payment in lieu

4 of any pension benefit.

5   (a) As used in this Section:

6   "Eligible person" means a person who:

7   (1) has terminated service;

8   (2) has accrued sufficient service credit to be

9   eligible to receive a retirement annuity under this

10  Article;

11  (3) has not received any retirement annuity under this

12  Article; and

13  (4) has not made the election under Section 16-190.6.

14  "Pension benefit" means the benefits under this Article,

15 or Article 1 as it relates to those benefits, including any

16 anticipated annual increases, that an eligible person is

17 entitled to upon attainment of the applicable retirement age.

18 "Pension benefit" also includes applicable survivor's or

19 disability benefits.

20  (b) As soon as practical after June 4, 2018 (the effective

21 date of Public Act 100-587), the System shall calculate, using

22 actuarial tables and other assumptions adopted by the Board,

23 the present value of pension benefits for each eligible person

24 who requests that information and shall offer each eligible

25 person the opportunity to irrevocably elect to receive an
    HB5196 Enrolled     - 21 - LRB104 20278 RPS 33729 b

1 amount determined by the System to be equal to 60% of the

2 present value of his or her pension benefits in lieu of

3 receiving any pension benefit. The offer shall specify the

4 dollar amount that the eligible person will receive if he or

5 she so elects and shall expire when a subsequent offer is made

6 to an eligible person. The System shall make a good faith

7 effort to contact every eligible person to notify him or her of

8 the election.

9   Until June 30, 2028 2026, an eligible person may

10 irrevocably elect to receive an accelerated pension benefit

11 payment in the amount that the System offers under this

12 subsection in lieu of receiving any pension benefit. A person

13 who elects to receive an accelerated pension benefit payment

14 under this Section may not elect to proceed under the

15 Retirement Systems Reciprocal Act with respect to service

16 under this Article.

17  (c) A person's creditable service under this Article shall

18 be terminated upon the person's receipt of an accelerated

19 pension benefit payment under this Section, and no other

20 benefit shall be paid under this Article based on the

21 terminated creditable service, including any retirement,

22 survivor, or other benefit; except that to the extent that

23 participation, benefits, or premiums under the State Employees

24 Group Insurance Act of 1971 are based on the amount of service

25 credit, the terminated service credit shall be used for that

26 purpose.
    HB5196 Enrolled          - 22 - LRB104 20278 RPS 33729 b

1   (d) If a person who has received an accelerated pension

2 benefit payment under this Section returns to active service

3 under this Article, then:

4   (1) Any benefits under the System earned as a result

5   of that return to active service shall be based solely on

6   the person's creditable service arising from the return to

7   active service.

8   (2) The accelerated pension benefit payment may not be

9   repaid to the System, and the terminated creditable

10  service may not under any circumstances be reinstated.

11  (e) As a condition of receiving an accelerated pension

12 benefit payment, the accelerated pension benefit payment must

13 be transferred into a tax qualified retirement plan or

14 account. The accelerated pension benefit payment under this

15 Section may be subject to withholding or payment of applicable

16 taxes, but to the extent permitted by federal law, a person who

17 receives an accelerated pension benefit payment under this

18 Section must direct the System to pay all of that payment as a

19 rollover into another retirement plan or account qualified

20 under the Internal Revenue Code of 1986, as amended.

21  (f) Upon receipt of a member's irrevocable election to

22 receive an accelerated pension benefit payment under this

23 Section, the System shall submit a voucher to the Comptroller

24 for payment of the member's accelerated pension benefit

25 payment. The Comptroller shall transfer the amount of the

26 voucher from the State Pension Obligation Acceleration Bond
    HB5196 Enrolled        - 23 - LRB104 20278 RPS 33729 b

1 Fund to the System, and the System shall transfer the amount

2 into the member's eligible retirement plan or qualified

3 account.

4   (g) The Board shall adopt any rules, including emergency

5 rules, necessary to implement this Section.

6   (h) No provision of Public Act 100-587 shall be

7 interpreted in a way that would cause the applicable System to

8 cease to be a qualified plan under the Internal Revenue Code of

9 1986.

10 (Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21;

11 102-718, eff. 5-5-22.)

12  (40 ILCS 5/16-190.6)

13  Sec. 16-190.6. Accelerated pension benefit payment for a

14 reduction in annual retirement annuity and survivor's annuity

15 increases.

16  (a) As used in this Section:

17  "Accelerated pension benefit payment" means a lump sum

18 payment equal to 70% of the difference of the present value of

19 the automatic annual increases to a Tier 1 member's retirement

20 annuity and survivor's annuity using the formula applicable to

21 the Tier 1 member and the present value of the automatic annual

22 increases to the Tier 1 member's retirement annuity using the

23 formula provided under subsection (b-5) and the survivor's

24 annuity using the formula provided under subsection (b-6).

25  "Eligible person" means a person who:
    HB5196 Enrolled             - 24 - LRB104 20278 RPS 33729 b

1   (1) is a Tier 1 member;

2   (2) has submitted an application for a retirement

3   annuity under this Article;

4   (3) meets the age and service requirements for

5   receiving a retirement annuity under this Article;

6   (4) has not received any retirement annuity under this

7   Article; and

8   (5) has not made the election under Section 16-190.5.

9   (b) As soon as practical after June 4, 2018 (the effective

10 date of Public Act 100-587) and until June 30, 2028 2026, the

11 System shall implement an accelerated pension benefit payment

12 option for eligible persons. Upon the request of an eligible

13 person, the System shall calculate, using actuarial tables and

14 other assumptions adopted by the Board, an accelerated pension

15 benefit payment amount and shall offer that eligible person

16 the opportunity to irrevocably elect to have his or her

17 automatic annual increases in retirement annuity calculated in

18 accordance with the formula provided under subsection (b-5)

19 and any increases in survivor's annuity payable to his or her

20 survivor's annuity beneficiary calculated in accordance with

21 the formula provided under subsection (b-6) in exchange for

22 the accelerated pension benefit payment. The election under

23 this subsection must be made before the eligible person

24 receives the first payment of a retirement annuity otherwise

25 payable under this Article.

26  (b-5) Notwithstanding any other provision of law, the
    HB5196 Enrolled        - 25 - LRB104 20278 RPS 33729 b

1 retirement annuity of a person who made the election under

2 subsection (b) shall be subject to annual increases on the

3 January 1 occurring either on or after the attainment of age 67

4 or the first anniversary of the annuity start date, whichever

5 is later. Each annual increase shall be calculated at 1.5% of

6 the originally granted retirement annuity.

7   (b-6) Notwithstanding any other provision of law, a

8 survivor's annuity payable to a survivor's annuity beneficiary

9 of a person who made the election under subsection (b) shall be

10 subject to annual increases on the January 1 occurring on or

11 after the first anniversary of the commencement of the

12 annuity. Each annual increase shall be calculated at 1.5% of

13 the originally granted survivor's annuity.

14  (c) If a person who has received an accelerated pension

15 benefit payment returns to active service under this Article,

16 then:

17        (1) the calculation of any future automatic annual

18  increase in retirement annuity shall be calculated in

19  accordance with the formula provided in subsection (b-5);

20  and

21        (2) the accelerated pension benefit payment may not be

22  repaid to the System.

23  (d) As a condition of receiving an accelerated pension

24 benefit payment, the accelerated pension benefit payment must

25 be transferred into a tax qualified retirement plan or

26 account. The accelerated pension benefit payment under this
    HB5196 Enrolled   - 26 - LRB104 20278 RPS 33729 b

1 Section may be subject to withholding or payment of applicable

2 taxes, but to the extent permitted by federal law, a person who

3 receives an accelerated pension benefit payment under this

4 Section must direct the System to pay all of that payment as a

5 rollover into another retirement plan or account qualified

6 under the Internal Revenue Code of 1986, as amended.

7   (d-5) Upon receipt of a member's irrevocable election to

8 receive an accelerated pension benefit payment under this

9 Section, the System shall submit a voucher to the Comptroller

10 for payment of the member's accelerated pension benefit

11 payment. The Comptroller shall transfer the amount of the

12 voucher from the State Pension Obligation Acceleration Bond

13 Fund to the System, and the System shall transfer the amount

14 into the member's eligible retirement plan or qualified

15 account.

16  (e) The Board shall adopt any rules, including emergency

17 rules, necessary to implement this Section.

18  (f) No provision of this Section shall be interpreted in a

19 way that would cause the applicable System to cease to be a

20 qualified plan under the Internal Revenue Code of 1986.

21 (Source: P.A. 101-10, eff. 6-5-19; 102-718, eff. 5-5-22;

22 revised 6-26-25.)

23  Section 99. Effective date. This Act takes effect upon

24 becoming law.
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