94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1042


 
Introduced 02/03/05, by Rep. Jack D. Franks
 
SYNOPSIS AS INTRODUCED:
 		














40 ILCS 5/16-143
  from Ch. 108 1/2, par. 16-143







    Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that an eligible child may continue to receive benefits until age 23 (was, age 22) if he or she is a full-time student. Effective immediately.
















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FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB1042

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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 
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Section 16-143 as follows:
 



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    (40 ILCS 5/16-143)  (from Ch. 108 1/2, par. 16-143)



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    Sec. 16-143. Survivors' benefits - other conditions and 
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limitations. The benefits provided under Sections 16-141 and 
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16-142, shall be
subject to the following further conditions 
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and limitations:

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    (1) The period during which a member was in receipt of a 
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disability or
occupational disability benefit shall be 
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considered as creditable service
at the annual salary rate on 
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which the member last made contributions.

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    (2) All service prior to July 24, 1959, for which 
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creditable service is
granted towards a retirement annuity 
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shall be considered as creditable service.

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    (3) No benefits shall be payable unless a member, or a 
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disabled member,
returning to service, has made contributions 
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to the system for at least one
month after July 24, 1959, 
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except that an annuitant must have contributed to
the system 
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for at least 1 year of creditable service after July 24, 1959.

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    (4) Creditable service under the State Employees' 
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Retirement System
of Illinois, the State Universities 
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Retirement System and the Public
School Teachers' Pension and 
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Retirement Fund of Chicago shall be
considered in determining 
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whether the member has met the creditable
service requirement.

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    (5) If an eligible beneficiary qualifies for a survivors' 
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benefit
because of pension credits established by the 
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participant or
annuitant in another system covered by Article 
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20, and the combined
survivors' benefits exceed the highest 
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survivors' benefit payable by
either system based upon the 
 


 






HB1042
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combined pension credits,
the survivors' benefit payable by 
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this system shall be reduced to that
amount which when added to 
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the survivors' benefit payable by the other
system would equal 
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this highest survivors' benefit. If the other system
has a 
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similar provision for adjustment of the survivors' benefit,
the 
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respective proportional survivors' benefits shall be reduced

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proportionately according to the ratio which the amount of each

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proportional survivors' benefit bears to the aggregate of all

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proportional survivors' benefits. If a survivors' benefit is 
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payable by
another system covered by Article 20, and the 
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survivor elects to waive
the monthly survivors' benefit and 
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accept a lump sum payment or death benefit
in lieu of the 
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monthly survivors' benefit, this system shall, for the purpose

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of adjusting the monthly survivors' benefit under this 
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paragraph, assume that
the survivor had been entitled to a 
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monthly survivors' benefit which, in
accordance with actuarial 
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tables of this system, is the actuarial equivalent
of the 
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amount of the lump sum payment or death benefit.

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    (6) Remarriage of a surviving spouse prior to attainment of 
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age 55
that occurs before the effective date of this amendatory 
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Act of the 91st
General Assembly shall terminate his or her 
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survivors' benefits.

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    The change made to this item (6) by this amendatory Act of 
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the 91st
General Assembly applies without regard to whether the 
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deceased member or
annuitant was in service on or after the 
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effective date of this amendatory
Act of the 91st General 
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Assembly.

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    (7) The benefits payable to an eligible child shall 
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terminate when the
eligible child marries, dies, or attains age 
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18 (age 23
22 if a full-time
student); except that benefits 
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payable to a dependent disabled eligible child
shall terminate 
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only when the eligible child dies or ceases to be disabled.

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(Source: P.A. 90-448, eff. 8-16-97; 91-887, eff. 7-6-00.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.