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| Public Act 098-0389 | ||||
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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 changing | ||||
Section 7-144 as follows:
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(40 ILCS 5/7-144) (from Ch. 108 1/2, par. 7-144)
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Sec. 7-144. Retirement annuities-Suspended during | ||||
employment.
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(a) If any person
receiving any annuity again becomes an | ||||
employee
and receives earnings from employment in a position | ||||
requiring him, or entitling him to elect, to
become a | ||||
participating employee, then the annuity payable to such | ||||
employee
shall be suspended as of the 1st day of the month | ||||
coincidental with or
next following the date upon which such | ||||
person becomes such an employee, unless the person is | ||||
authorized under subsection (b) of Section 7-137.1 of this Code | ||||
to continue receiving a retirement annuity during that period.
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Upon proper qualification of the participating employee | ||||
payment of such
annuity may be resumed on the 1st day of the | ||||
month following such
qualification and upon proper application | ||||
therefor. The participating
employee in such case shall be | ||||
entitled to a supplemental annuity
arising from service and | ||||
credits earned subsequent to such re-entry as a
participating | ||||
employee.
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Notwithstanding any other provision of this Article, an | ||
annuitant shall be considered a participating employee if he or | ||
she returns to work as an employee with a participating | ||
employer and works more than 599 hours annually (or 999 hours | ||
annually with a participating employer that has adopted a | ||
resolution pursuant to subsection (e) of Section 7-137 of this | ||
Code). Each of these annual periods shall commence on the month | ||
and day upon which the annuitant is first employed with the | ||
participating employer following the effective date of the | ||
annuity. | ||
(b) Supplemental annuities to persons who return to service | ||
for less
than 48 months shall be computed under the provisions | ||
of Sections 7-141,
7-142 and 7-143. In determining whether an | ||
employee is eligible for an
annuity which requires a minimum | ||
period of service, his entire period of
service shall be taken | ||
into consideration but the supplemental annuity
shall be based | ||
on earnings and service in the supplemental period only.
The | ||
effective date of the suspended and supplemental annuity for | ||
the
purpose of increases after retirement shall be considered | ||
to be the
effective date of the suspended annuity.
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(c) Supplemental annuities to persons who return to service | ||
for 48
months or more shall be a monthly amount determined as | ||
follows:
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(1) An amount shall be computed under subparagraph b of | ||
paragraph
(1) of subsection (a) of Section 7-142, | ||
considering all of the service
credits of the employee;
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(2) The actuarial value in monthly payments for life of | ||
the annuity
payments made before suspension shall be | ||
determined and subtracted from
the amount determined in (1) | ||
above;
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(3) The monthly amount of the suspended annuity, with | ||
any applicable
increases after retirement computed from | ||
the effective date to the date
of reinstatement, shall be | ||
subtracted from the amount determined in (2)
above and the | ||
remainder shall be the amount of the supplemental annuity
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provided that this amount shall not be less than the amount | ||
computed under
subsection (b) of this Section.
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(4) The suspended annuity shall be reinstated at an | ||
amount including
any increases after retirement from the | ||
effective date to date of
reinstatement.
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(5) The effective date of the combined suspended and | ||
supplemental
annuities for the purposes of increases after | ||
retirement shall be
considered to be the effective date of | ||
the supplemental annuity.
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(Source: P.A. 97-328, eff. 8-12-11; 97-609, eff. 1-1-12.)
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Section 90. The State Mandates Act is amended by adding | ||
Section 8.37 as follows: | ||
(30 ILCS 805/8.37 new) | ||
Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this Act, no reimbursement by the State is required for the | ||
implementation of any mandate created by this amendatory Act of | ||
the 98th General Assembly.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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