State of Illinois
90th General Assembly
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90_SB1344

      40 ILCS 5/15-139          from Ch. 108 1/2, par. 15-139
          Amends the State Universities  Article  of  the  Illinois
      Pension  Code.   Deletes  language  reducing  the  retirement
      annuity  of a person who retires before age 60 and returns to
      employment under Article 14 or 16 of  the  Code.    Effective
      immediately.
                                                     LRB9007699EGfg
                                               LRB9007699EGfg
 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Section 15-139.
 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 15-139 as follows:
 7        (40 ILCS 5/15-139) (from Ch. 108 1/2, par. 15-139)
 8        Sec.   15-139.    Retirement   annuities;   cancellation;
 9    suspended during employment.
10        (a)  If  an  annuitant  returns  to  employment  for   an
11    employer within 60 days after the beginning of the retirement
12    annuity  payment  period,  the  retirement  annuity  shall be
13    cancelled, and the annuitant shall refund to the  System  the
14    total  amount  of the retirement annuity payments which he or
15    she received. If the retirement  annuity  is  cancelled,  the
16    participant shall continue to participate in the System.
17        (b)  If an annuitant retires prior to age 60 and receives
18    or  becomes entitled to receive during any month compensation
19    in excess of the  monthly  retirement  annuity  for  services
20    performed after the date of retirement for any employer under
21    this  System,  the  State  Employees'  Retirement  System  of
22    Illinois,  or the Teachers' Retirement System of the State of
23    Illinois, that portion  of  the  monthly  retirement  annuity
24    provided by employer contributions shall not be payable.
25        If an annuitant retires at age 60 or over and receives or
26    becomes   entitled   to  receive  during  any  academic  year
27    compensation in excess of the difference between his  or  her
28    highest  annual  earnings  prior to retirement and his or her
29    annual retirement annuity computed under Rule 1, Rule 2, Rule
30    3 or Rule 4 of Section 15-136 for  services  performed  after
31    the  date  of  retirement for any employer under this System,
                            -2-                LRB9007699EGfg
 1    that portion of the monthly retirement  annuity  provided  by
 2    employer contributions shall be reduced by an amount equal to
 3    the compensation that exceeds such difference.
 4        However,  any  remuneration  received  for  serving  as a
 5    member of the  Illinois  Educational  Labor  Relations  Board
 6    shall  be  excluded  from  "compensation" for the purposes of
 7    this subsection (b), and serving as a member of the  Illinois
 8    Educational Labor Relations Board shall not be deemed to be a
 9    return  to  employment for the purposes of this Section. This
10    provision applies  without  regard  to  whether  service  was
11    terminated prior to the effective date of this amendatory Act
12    of 1991.
13        (c)  If  an employer certifies that an annuitant has been
14    reemployed on a  permanent  and  continuous  basis  or  in  a
15    position  in  which the annuitant is expected to serve for at
16    least 9 months, the annuitant shall resume his or her  status
17    as  a  participating  employee  and  shall be entitled to all
18    rights applicable to participating employees upon filing with
19    the board an election to forego all annuity  payments  during
20    the  period  of reemployment. Upon subsequent retirement, the
21    retirement annuity shall consist of  the  annuity  which  was
22    terminated   by   the   reemployment,   plus  the  additional
23    retirement annuity based  upon  service  granted  during  the
24    period  of  reemployment, but the combined retirement annuity
25    shall not exceed the maximum annuity applicable on  the  date
26    of the last retirement.
27        The  total service and earnings credited before and after
28    the  initial  date  of  retirement  shall  be  considered  in
29    determining eligibility of the  employee  or  the  employee's
30    beneficiary   to   benefits   under   this  Article,  and  in
31    calculating final rate of earnings.
32        In determining the death benefit payable to a beneficiary
33    of an annuitant who again becomes  a  participating  employee
34    under   this   Section,  accumulated  normal  and  additional
                            -3-                LRB9007699EGfg
 1    contributions  shall  be  considered  as  the  sum   of   the
 2    accumulated  normal  and additional contributions at the date
 3    of  initial  retirement  and  the  accumulated   normal   and
 4    additional  contributions  credited after that date, less the
 5    sum of the annuity payments received by the annuitant.
 6        The survivors insurance benefits provided  under  Section
 7    15-145  shall  not  be applicable to an annuitant who resumes
 8    his or her status as a  participating  employee,  unless  the
 9    annuitant, at the time of initial retirement, has a survivors
10    insurance beneficiary who could qualify for such benefits.
11        If  the  annuitant's  employment is terminated because of
12    circumstances other than death before 9 months from the  date
13    of  reemployment,  the  provisions  of this Section regarding
14    resumption of status as a participating  employee  shall  not
15    apply. The normal and survivors insurance contributions which
16    are  deducted  during  this  period  shall be refunded to the
17    annuitant without interest,  and  subsequent  benefits  under
18    this Article shall be the same as those which were applicable
19    prior to the date the annuitant resumed employment.
20    (Source: P.A. 86-1488.)
21        Section  99.  Effective date.  This Act takes effect upon
22    becoming law.

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