PEN CD-SURS-TIER 2 RETIREMENT

Illinois General Assembly - Full Text of SB3911

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3911

Introduced 2/6/2026, by Sen. David Koehler

SYNOPSIS AS INTRODUCED:

40 ILCS 5/15-135

from Ch. 108 1/2, par. 15-135
40 ILCS 5/15-198

Amends the State Universities Article of the Illinois Pension Code.
Provides that a Tier 2 member who has at least 20 years of service in this
system as a police officer or firefighter is entitled to a retirement
annuity upon written application on or after the attainment of age 55
(instead of age 60) if a specified rule is applicable to the participant.
Provides that the changes apply retroactively to January 1, 2011. Provides
that any benefit increase that results from the amendatory Act is excluded
from the definition of "new benefit increase".
LRB104 20726 JDS 34229 b

A BILL FOR

SB3911
LRB104 20726 JDS 34229 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 Illinois Pension Code is amended by
5
changing Sections 15-135 and 15-198 as follows:

6

(40 ILCS 5/15-135)

(from Ch. 108 1/2, par. 15-135)
7

Sec. 15-135.
Retirement annuities; conditions.
8

(a) This subsection (a) applies only to a Tier 1 member. A
9
participant who retires in one of the following specified
10
years with the specified amount of service is entitled to a
11
retirement annuity at any age under the retirement program
12
applicable to the participant:
13

35 years if retirement is in 1997 or before;
14

34 years if retirement is in 1998;
15

33 years if retirement is in 1999;
16

32 years if retirement is in 2000;
17

31 years if retirement is in 2001;
18

30 years if retirement is in 2002 or later.
19

A participant with 8 or more years of service after
20
September 1, 1941, is entitled to a retirement annuity on or
21
after attainment of age 55.
22

A participant with at least 5 but less than 8 years of
23
service after September 1, 1941, is entitled to a retirement

SB3911
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LRB104 20726 JDS 34229 b
1
annuity on or after attainment of age 62.
2

A participant who has at least 25 years of service in this
3
system as a police officer or firefighter is entitled to a
4
retirement annuity on or after the attainment of age 50, if
5
Rule 4 of Section 15-136 is applicable to the participant.
6

(a-5) A Tier 2 member is entitled to a retirement annuity
7
upon written application if he or she has attained age 67 and
8
has at least 10 years of service credit and is otherwise
9
eligible under the requirements of this Article. A Tier 2
10
member who has attained age 62 and has at least 10 years of
11
service credit and is otherwise eligible under the
12
requirements of this Article may elect to receive the lower
13
retirement annuity provided in subsection (b-5) of Section
14
15-136 of this Article.
15

(a-10) A Tier 2 member who has at least 20 years of service
16
in this system as a police officer or firefighter is entitled
17
to a retirement annuity upon written application on or after
18
the attainment of age
55

60
if Rule 4 of Section 15-136 is
19
applicable to the participant. The changes made to this
20
subsection by
this amendatory Act of the 104th General
21
Assembly

this amendatory Act of the 101st General Assembly

22
apply retroactively to January 1, 2011.
23

(b) The annuity payment period shall begin on the date
24
specified by the participant or the recipient of a disability
25
retirement annuity submitting a written application. For a
26
participant, the date on which the annuity payment period

SB3911
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LRB104 20726 JDS 34229 b
1
begins shall not be prior to termination of employment or more
2
than one year before the application is received by the board;
3
however, if the participant is not an employee of an employer
4
participating in this System or in a participating system as
5
defined in Article 20 of this Code on April 1 of the calendar
6
year next following the calendar year in which the participant
7
attains the age specified under Section 401(a)(9) of the
8
Internal Revenue Code of 1986, as amended, the annuity payment
9
period shall begin on that date regardless of whether an
10
application has been filed. For a recipient of a disability
11
retirement annuity, the date on which the annuity payment
12
period begins shall not be prior to the discontinuation of the
13
disability retirement annuity under Section 15-153.2.
14

(c) An annuity is not payable if the amount provided under
15
Section 15-136 is less than $10 per month.
16
(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21.)

17

(40 ILCS 5/15-198)
18

Sec. 15-198.
Application and expiration of new benefit
19
increases.
20

(a) As used in this Section, "new benefit increase" means
21
an increase in the amount of any benefit provided under this
22
Article, or an expansion of the conditions of eligibility for
23
any benefit under this Article, that results from an amendment
24
to this Code that takes effect after June 1, 2005 (the
25
effective date of Public Act 94-4). "New benefit increase",

SB3911
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LRB104 20726 JDS 34229 b
1
however, does not include any benefit increase resulting from
2
the changes made to Article 1 or this Article by Public Act
3
100-23, Public Act 100-587, Public Act 100-769, Public Act
4
101-10, Public Act 101-610, Public Act 102-16, Public Act
5
103-80,
or
Public Act 103-548
, or this amendatory Act of the
6
104th General Assembly
.
7

(b) Notwithstanding any other provision of this Code or
8
any subsequent amendment to this Code, every new benefit
9
increase is subject to this Section and shall be deemed to be
10
granted only in conformance with and contingent upon
11
compliance with the provisions of this Section.
12

(c) The Public Act enacting a new benefit increase must
13
identify and provide for payment to the System of additional
14
funding at least sufficient to fund the resulting annual
15
increase in cost to the System as it accrues.
16

Every new benefit increase is contingent upon the General
17
Assembly providing the additional funding required under this
18
subsection. The Commission on Government Forecasting and
19
Accountability shall analyze whether adequate additional
20
funding has been provided for the new benefit increase and
21
shall report its analysis to the Public Pension Division of
22
the Department of Insurance. A new benefit increase created by
23
a Public Act that does not include the additional funding
24
required under this subsection is null and void. If the Public
25
Pension Division determines that the additional funding
26
provided for a new benefit increase under this subsection is

SB3911
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LRB104 20726 JDS 34229 b
1
or has become inadequate, it may so certify to the Governor and
2
the State Comptroller and, in the absence of corrective action
3
by the General Assembly, the new benefit increase shall expire
4
at the end of the fiscal year in which the certification is
5
made.
6

(d) Every new benefit increase shall expire 5 years after
7
its effective date or on such earlier date as may be specified
8
in the language enacting the new benefit increase or provided
9
under subsection (c). This does not prevent the General
10
Assembly from extending or re-creating a new benefit increase
11
by law.
12

(e) Except as otherwise provided in the language creating
13
the new benefit increase, a new benefit increase that expires
14
under this Section continues to apply to persons who applied
15
and qualified for the affected benefit while the new benefit
16
increase was in effect and to the affected beneficiaries and
17
alternate payees of such persons, but does not apply to any
18
other person, including, without limitation, a person who
19
continues in service after the expiration date and did not
20
apply and qualify for the affected benefit while the new
21
benefit increase was in effect.
22
(Source: P.A. 102-16, eff. 6-17-21; 103-80, eff. 6-9-23;
23
103-548, eff. 8-11-23; 103-605, eff. 7-1-24.)

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