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Public Act 102-0342
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| HB0275 Enrolled | LRB102 10029 RPS 15349 b |
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by adding |
Section 3-110.11a and by changing Sections 8-151 and 8-165 as |
follows:
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(40 ILCS 5/3-110.11a new) |
Sec. 3-110.11a. Optional credit under Article 5. A police |
officer may establish optional credit for up to 5 years of |
service as a participant under Article 5, provided that the |
police officer (i) was certified under the law governing the |
certification of police officers at the time the service was |
rendered, (ii) applies in writing on or before December 31, |
2023, (iii) supplies satisfactory evidence of the employment, |
(iv) completes 10 years of contributing service as a police |
officer as defined in Section 3-106, and (v) pays into the fund |
the amount the police officer would have contributed if he or |
she had been a regular contributor during such period, plus an |
amount determined by the Board to be equal to the |
municipality's normal cost of the benefit, plus interest at |
the actuarially assumed rate calculated from the date the |
employee last became a police officer under this Article. |
A police officer may not establish credit under this |
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Section for any service for which the police officer is |
eligible to receive benefits under Article 5 of this Code.
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(40 ILCS 5/8-151) (from Ch. 108 1/2, par. 8-151)
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Sec. 8-151. Compensation annuity and supplemental annuity.
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When annuity otherwise provided in this Article for the |
widow of an
employee whose death results solely from injury |
incurred in the performance
of an act of duty is less than 60% |
of his salary in effect at the time of
the injury, |
"Compensation Annuity" equal to the difference between such
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annuity and 60% of such salary, shall be payable to her until |
the date when
the employee, if alive, would have attained age |
65; and in any case where
the employee's death is only partly |
due to the duty incurred injury, the
"Compensation Annuity" |
shall be based on an amount equal to 40% of such
salary.
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Thereafter, the widow shall be entitled to "Supplemental |
Annuity" equal
to the difference between the annuity otherwise |
provided in this Article
and the annuity to which she would be |
entitled if the employee had lived
and continued in the |
service at the salary in effect at the date of the
injury until |
he attained age 65, and based upon her age as it would be on
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the date he would have attained 65.
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"Compensation" or "Supplemental Annuity" shall not be |
payable unless the
widow was the wife of the employee when the |
injury was incurred.
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The city shall contribute to the fund each year the amount |
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required for
all compensation annuities payable during any |
such year. Supplemental
Annuity shall be provided from city |
contributions after the date of the
employee's death of such |
equal sums annually which when improved by
interest at the |
effective rate, will be sufficient, at the time payment of
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Compensation Annuity to the widow ceases to provide |
Supplemental Annuity,
as stated, for the widow throughout her |
life thereafter.
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Unless the performance of an act or acts of duty results |
solely in the death of the employee, the annuity provided in |
this Section shall not be paid. For the purposes of this |
Section only, the death of any employee as a result of the |
exposure to and contraction of COVID-19, as evidenced by |
either (i) a confirmed positive laboratory test for COVID-19 |
or COVID-19 antibodies or (ii) a confirmed diagnosis of |
COVID-19 from a licensed medical professional, shall be |
rebuttably presumed to have been contracted while in the |
performance of an act or acts of duty and the employee shall be |
rebuttably presumed to have been fatally injured while in |
active service. The presumption shall apply to any employee |
who was exposed to and contracted COVID-19 on or after March 9, |
2020 and on or before June 30, 2021; except that the |
presumption shall not apply if the employee was on a leave of |
absence from his or her employment or otherwise not required |
to report for duty at the physical work space generally |
assigned to the employee, including, but not limited to, |
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working remotely, for a period of 14 or more consecutive days |
immediately prior to the date of contraction of COVID-19. For |
the purposes of determining when an employee contracted |
COVID-19 under this paragraph, the date of contraction is |
either the date that the employee was diagnosed with COVID-19 |
or was unable to work due to symptoms that were later diagnosed |
as COVID-19, whichever occurred first. |
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/8-165) (from Ch. 108 1/2, par. 8-165)
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Sec. 8-165. Re-entry into service. |
(a) Except as provided in subsection (c), when When an |
employee receiving age and service or prior service
annuity |
who has withdrawn from service after the effective date
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re-enters service before age 65, any annuity previously |
granted and any
annuity fixed for his wife shall be cancelled. |
The employee shall be
credited for annuity purposes with sums |
sufficient to provide annuities
equal to those cancelled, as |
of their ages on the date of re-entry;
provided, the maximum |
age of the wife for this purpose shall be as
provided in |
Section 8-155 of this Article.
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The sums so credited shall provide for annuities to be |
fixed and
granted in the future. Contributions by the |
employees
and the city for
the purposes of this Article shall |
be made, and when the proper time
arrives, as provided in this |
Article, new annuities based upon the total
credit for annuity |
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purposes and the entire term of his service shall be
fixed for |
the employee and his wife.
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If the employee's wife died before he re-entered service, |
no part of
any credits for widow's or widow's prior service |
annuity at the time
annuity for his wife was fixed shall be |
credited upon re-entry into
service, and no such sums shall |
thereafter be used to provide such
annuity.
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(b) Except as provided in subsection (c), when When an |
employee re-enters service after age 65, payments on
account |
of any annuity previously granted shall be suspended during |
the
time thereafter that he is in service, and when he again |
withdraws,
annuity payments shall be resumed. If the employee |
dies in service, his
widow shall receive the amount of annuity |
previously fixed for her.
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(c) For school years beginning on or after July 1, 2021, an |
age and service or prior service
annuity shall not be |
cancelled in the case of an employee who is re-employed by the |
Board of Education of the city as a Special Education |
Classroom Assistant or Classroom Assistant on a temporary and |
non-annual basis or on an hourly basis so long as the person: |
(1) does not work for compensation on more than 120 days in a |
school year; or (2) does not accept gross compensation for the |
re-employment in a school year in excess of $30,000. These |
limitations apply only to school years that begin on or after |
July 1, 2021. Re-employment under this subsection does not |
require contributions, result in service credit being earned |