40 ILCS 5/16-133.3
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 16 - Teachers' Retirement System Of The State Of Illinois

 (from Ch. 108 1/2, par. 16-133.3)Sec. 16-133.3. Early retirement incentives for State employees.(a) To be eligible for the benefits provided in this Section, a person  must:(1) be a member of this System who, on any day during     June, 2002, is (i) in active payroll status as a full-time teacher employed by a department and an active contributor to this System with respect to that employment, or (ii) on layoff status from such a position with a right of re-employment or recall to service, or (iii) receiving a disability benefit under Section 16-149 or 16-149.1, but only if the member has not been receiving that benefit for a continuous period of more than 2 years as of the date of application;(2) not have received any retirement annuity under     this Article beginning earlier than August 1, 2002;(3) file with the Board on or before December 31,     2002 a written application requesting the benefits provided in this Section;(4) terminate employment under this Article no later     than December 31, 2002 (or the date established under subsection (d), if applicable);(5) by the date of termination of service, have at     least 8 years of creditable service under this Article, without the use of any creditable service established under this Section;(6) by the date of termination of service, have at     least 5 years of service credit earned while participating in the System as a teacher employed by a department; and(7) not receive any early retirement benefit under     Section 14-108.3 of this Code.For the purposes of this Section, "department" means a department as defined  in Section 14-103.04 that employs a teacher as defined in this Article.(b) An eligible person may establish up to 5 years of creditable service  under this Article by making the contributions  specified in subsection (c).  In addition, for each period of creditable  service established under this Section, a person's age at retirement shall  be deemed to be enhanced by an equivalent period.The creditable service established under this Section may be used for all  purposes under this Article and the Retirement Systems Reciprocal Act,  except for the computation of final average salary, the determination of salary  or compensation under this Article or any other Article of this Code, or the  determination of eligibility for or the computation of benefits under Section  16-133.2.The age enhancement established under this Section may be used for all  purposes under this Article (including calculation of a proportionate annuity  payable by this System under the Retirement Systems Reciprocal Act), except for  purposes of a retirement annuity under Section 16-133(a)(A), a  reversionary annuity under Section 16-136, the required distributions under  Section 16-142.3, and the determination of eligibility for or the computation  of benefits under Section 16-133.2.  Age enhancement established under this  Section may be used in determining benefits payable under Article 14 of this  Code under the Retirement Systems Reciprocal Act (subject to the limitations  on the use of age enhancement provided in Section 14-108.3); age enhancement  established under this Section shall not be used in determining benefits  payable under other Articles of this Code under the Retirement Systems  Reciprocal Act.(c) For all creditable service established under this Section, a person  must pay to the System an employee contribution to be determined by the  System, equal to 9.0% of the member's highest annual salary rate that would be  used in the determination of the average salary for retirement annuity purposes  if the member retired immediately after withdrawal, for each year of creditable  service established under this Section.If the member receives a lump sum payment for accumulated vacation, sick  leave, and personal leave upon withdrawal from service, and the net amount of  that lump sum payment is at least as great as the amount of the contribution  required under this Section, the entire contribution must be paid by the  employee by payroll deduction.  If there is no such lump sum payment, or if it  is less than the contribution required under this Section, the member shall  make an initial payment by payroll deduction, equal to the net amount of the  lump sum payment for accumulated vacation, sick leave, and personal leave,  and have the remaining amount due treated as a reduction from the retirement  annuity in 24 equal monthly installments beginning in the month in which the  retirement annuity takes effect.  The required contribution may be paid as a  pre-tax deduction from earnings.(d) In order to ensure that the efficient operation of State government  is not jeopardized by the simultaneous retirement of large numbers of key  personnel, the director or other head of a department may, for key employees  of that department, extend the December 31, 2002 deadline for terminating  employment under this Article established in subdivision (a)(4) of this  Section to a date not later than April 30, 2003 by so notifying the  System in writing by December 31, 2002.(e) A person who has received any age enhancement or creditable service  under this Section and who reenters contributing service under this Article or  Article 14 shall thereby forfeit that age enhancement and creditable service,  and become entitled to a refund of the contributions made pursuant to this  Section.(f) The System shall determine the amount of the increase in the present value of future benefits resulting from the granting of early retirement incentives  under this Section and shall report that amount to the Governor and the Commission on Government Forecasting and Accountability  on or after the effective date of this amendatory Act of the 93rd General Assembly and on or before November 15,  2004.  Beginning with State fiscal year 2008, the increase in  liability reported under this subsection (f) shall be included in the  calculation of the required State contribution under Section 16-158.(g)  In addition to the contributions otherwise required under this Article,  the State shall appropriate and pay to the System an amount equal to  $1,000,000 in State fiscal year 2004.(h) The Pension Laws Commission (or its successor, the Commission on Government Forecasting and Accountability) shall determine  and report to the General  Assembly, on or before January 1, 2004 and annually thereafter through the year  2013, its estimate of (1) the annual amount of payroll savings likely to be  realized by the State as a result of the early retirement of persons receiving  early retirement incentives under this Section and (2) the net annual savings  or cost to the State from the program of early retirement incentives created  under this Section.The System, the Department of Central Management Services, the  Governor's Office of Management and Budget (formerly  Bureau of  the Budget), and all other departments shall provide to the Commission any  assistance that the Commission may request with respect to its reports under  this Section.  The Commission may require departments to provide it with any  information that it deems necessary or useful with respect to its reports under  this Section, including without limitation information about (1) the final  earnings of former department employees who elected to receive benefits under  this Section, (2) the earnings of current department employees holding the  positions vacated by persons who elected to receive benefits under this  Section, and (3) positions vacated by persons who elected to receive benefits  under this Section that have not yet been refilled.(i) The changes made to this Section by this amendatory Act of the 92nd  General Assembly do not apply to persons who retired under this Section on or  before May 1, 1992.         (Source: P.A. 93-632, eff. 2-1-04; 93-839, eff. 7-30-04; 93-1067, eff. 1-15-05; 94-4, eff. 6-1-05.)