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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||
5 | Sections 13-303, 13-308, 13-309, 13-314, and 13-601 as follows:
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6 | (40 ILCS 5/13-303) (from Ch. 108 1/2, par. 13-303)
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7 | Sec. 13-303. Reversionary annuity.
| ||||||
8 | (a) An employee, prior to retirement on annuity, may elect | ||||||
9 | a lesser
amount of annuity and provide, with the actuarial | ||||||
10 | value of the amount by
which his annuity is reduced, a | ||||||
11 | reversionary annuity for a wife, husband,
parents, children, | ||||||
12 | brothers or sisters. The election may be exercised by
filing a | ||||||
13 | written designation with the Board prior to retirement, and may | ||||||
14 | be
revoked by the employee at any time before retirement. The | ||||||
15 | death of the
employee prior to retirement shall automatically | ||||||
16 | void the election.
| ||||||
17 | (b) The death of the designated reversionary annuitant | ||||||
18 | prior to the
employee's retirement shall automatically void the | ||||||
19 | election, but, if death
of the designated reversionary | ||||||
20 | annuitant occurs after retirement, the
reduced annuity being | ||||||
21 | paid to the retired employee annuitant shall remain
unchanged | ||||||
22 | and no reversionary annuity shall be payable.
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23 | No reversionary annuity shall be paid if the employee dies |
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1 | before the
expiration of 730 days from the date the written | ||||||
2 | designation
was filed with the board, even though the employee | ||||||
3 | retired and was
receiving a reduced annuity.
| ||||||
4 | (c) An employee exercising this option shall not reduce the | ||||||
5 | annuity by
more than 25%, nor elect to provide a reversionary | ||||||
6 | annuity of less than $100
per month. No such option shall be | ||||||
7 | permitted if the reversionary annuity
for a surviving spouse, | ||||||
8 | when added to the surviving spouse's annuity
payable under this | ||||||
9 | Article, exceeds 85% of the reduced annuity payable to the | ||||||
10 | employee.
| ||||||
11 | (d) A reversionary annuity shall begin on the day following | ||||||
12 | the death of
the annuitant, with the first payment due and | ||||||
13 | payable one month later, and
shall continue monthly thereafter | ||||||
14 | until the death of the reversionary
annuitant. Beginning on the | ||||||
15 | first day of the month following the month in which this | ||||||
16 | amendatory Act of the 96th General Assembly takes effect, a | ||||||
17 | reversionary annuity shall begin on the first of the month | ||||||
18 | following the annuitant's death and is payable for the full | ||||||
19 | month if the reversionary annuitant is alive on the first day | ||||||
20 | of the month.
| ||||||
21 | (e) The increases in annuity provided in Section 13-302(d) | ||||||
22 | shall, as to
an employee so electing a reduced annuity, relate | ||||||
23 | to the amount of reduced
annuity, and such lesser amount shall | ||||||
24 | constitute the annuity on which such
increases shall be based.
| ||||||
25 | (f) For determining the actuarial value under this option | ||||||
26 | of the employee's
annuity and the reversionary annuity, the |
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| |||||||
1 | Fund shall use an actuarial table
recommended by the Fund's | ||||||
2 | actuarial consultant and approved by the Board of
Trustees.
| ||||||
3 | (Source: P.A. 91-887, eff. 7-6-00.)
| ||||||
4 | (40 ILCS 5/13-308) (from Ch. 108 1/2, par. 13-308)
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5 | Sec. 13-308. Child's annuity.
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6 | (a) Eligibility. A child's annuity shall be provided for | ||||||
7 | each unmarried
child under the age of 18 years (under the age | ||||||
8 | of 23 years in the case of a full-time student) whose employee
| ||||||
9 | parent dies while in service, or whose deceased parent is an | ||||||
10 | annuitant or
former employee with at least 10 years of | ||||||
11 | creditable service who did not take a
refund of employee | ||||||
12 | contributions. Eligibility for benefits to unmarried children | ||||||
13 | over the age of 18 but under the age of 23 begins no earlier | ||||||
14 | than September 1, 2005 the first day of the month following the | ||||||
15 | month in which this amendatory Act of the 94th General Assembly | ||||||
16 | takes effect .
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17 | For purposes of this Section, "employee" includes a former | ||||||
18 | employee, and
"child" means the issue of an employee or a child | ||||||
19 | adopted by an employee.
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20 | Payments shall cease when a child attains the age of 18 | ||||||
21 | years (age of 23 years in the case of a full-time student) or | ||||||
22 | marries,
whichever first occurs. The annuity shall not be | ||||||
23 | payable unless the employee
has been employed as an employee | ||||||
24 | for at
least 36 months from the date of the employee's original
| ||||||
25 | entry into service (at least 24 months in the case of an |
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1 | employee who first
entered service before June 13, 1997) and
at | ||||||
2 | least 12 months from the date of the employee's latest
re-entry | ||||||
3 | into service; provided, however, that if death arises out of | ||||||
4 | and
in the course of service to the employer and is compensable | ||||||
5 | under either the
Illinois Workers' Compensation Act or Illinois | ||||||
6 | Workers' Occupational
Diseases Act, the annuity is payable | ||||||
7 | regardless of the employee's length of
service.
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8 | (b) Amount. Beginning on the first day of the month | ||||||
9 | following the month in which this amendatory Act of the 96th | ||||||
10 | General Assembly takes effect, a A child's annuity shall be | ||||||
11 | $500 per month for
each one child and $350 per month for each | ||||||
12 | additional child , up to a
maximum of $5,000 $2,500 per month | ||||||
13 | for all children of the employee, as provided in
this Section, | ||||||
14 | if a parent of the child is living. The child's annuity
shall | ||||||
15 | be $1,000 per month for each one child and $500 per month
for | ||||||
16 | each additional child , up to a maximum of $5,000 $2,500 for all | ||||||
17 | children of
the employee, when neither parent is alive. The | ||||||
18 | total amount payable to
all children of the employee shall be | ||||||
19 | divided equally among those children.
Any child's annuity which | ||||||
20 | commenced prior to July 12, 2001 shall be increased
upon the | ||||||
21 | first day of the month following the month in which that
| ||||||
22 | effective date occurs, to the amount set forth herein.
| ||||||
23 | (c) Payment. Until a child attains the age of 18 years, a
| ||||||
24 | child's annuity shall be paid to the child's parent or
other | ||||||
25 | person who shall be providing for the child without requiring | ||||||
26 | formal
letters of guardianship, unless another person shall be |
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1 | appointed by a
court of law as guardian. Beginning on the first | ||||||
2 | day of the month following the month in which this amendatory | ||||||
3 | Act of the 96th General Assembly takes effect, benefits shall | ||||||
4 | begin on the first of the month following the employee's or | ||||||
5 | annuitant's date of death and are payable for the full month if | ||||||
6 | the annuitant was alive on the first day of the month.
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7 | (Source: P.A. 94-621, eff. 8-18-05; 95-279, eff. 1-1-08.)
| ||||||
8 | (40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309)
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9 | Sec. 13-309. Duty disability benefit.
| ||||||
10 | (a) Any employee who becomes disabled, which disability is | ||||||
11 | the result of an
injury or illness compensable under the | ||||||
12 | Illinois Workers' Compensation Act or
the Illinois Workers' | ||||||
13 | Occupational Diseases Act, is entitled to a duty
disability | ||||||
14 | benefit during the period of disability for which the employee | ||||||
15 | does
not receive any part of salary, or any part of a | ||||||
16 | retirement annuity under this
Article; except that in the case | ||||||
17 | of an employee who first enters service on or
after June 13, | ||||||
18 | 1997 and becomes disabled before August 18, 2005 ( the effective | ||||||
19 | date of Public Act 94-621) this amendatory Act of the 94th | ||||||
20 | General Assembly , a duty disability
benefit is not payable for | ||||||
21 | the first 3 days of disability that would otherwise
be payable | ||||||
22 | under this Section if the disability does not continue for at | ||||||
23 | least
11 additional days. The changes made to this Section by | ||||||
24 | Public Act 94-621 this amendatory Act of the 94th General | ||||||
25 | Assembly are prospective only and do not entitle an employee to |
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1 | a duty disability benefit for the first 3 days of any | ||||||
2 | disability that occurred before that effective date and did not | ||||||
3 | continue for at least 11 additional days. This benefit shall be | ||||||
4 | 75% of salary at the date disability
begins. However, if the | ||||||
5 | disability in any measure resulted from any physical
defect or | ||||||
6 | disease which existed at the time such injury was sustained or | ||||||
7 | such
illness commenced, the duty disability benefit shall be | ||||||
8 | 50% of salary.
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9 | Unless the employer acknowledges that the disability is a | ||||||
10 | result of
injury or illness compensable under the Workers' | ||||||
11 | Compensation Act or the
Workers' Occupational Diseases Act, the | ||||||
12 | duty disability benefit shall
not be payable until the issue of | ||||||
13 | compensability under those Acts is finally
adjudicated. The | ||||||
14 | period of disability shall be as determined by the Illinois
| ||||||
15 | Workers' Compensation Commission or acknowledged by the | ||||||
16 | employer.
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17 | An employee in service before June 13, 1997 shall also | ||||||
18 | receive a child's disability
benefit during the period of | ||||||
19 | disability of $10 per month for each
unmarried natural or | ||||||
20 | adopted child of the employee under
18 years of age.
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21 | The first payment shall be made not later than one month | ||||||
22 | after the
benefit is granted, and subsequent payments shall be | ||||||
23 | made at least monthly.
The Board shall by rule prescribe for | ||||||
24 | the payment of such benefits on the
basis of the amount of | ||||||
25 | salary lost during the period of disability.
| ||||||
26 | (b) The benefit shall be allowed only if all of the |
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1 | following requirements are
met by the employee:
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2 | (1) Application is made to the Board . within 90 days | ||||||
3 | from the date
disability begins;
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4 | (2) A medical report is submitted by at least one | ||||||
5 | licensed and
practicing physician as part of the employee's | ||||||
6 | application . ; and
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7 | (3) The employee is examined by at least one licensed | ||||||
8 | and practicing
physician appointed by the Board and found | ||||||
9 | to be in a disabled physical
condition, and shall be | ||||||
10 | re-examined at least annually thereafter during the
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11 | continuance of disability. The employee need not be | ||||||
12 | examined re-examined by a
licensed and practicing | ||||||
13 | physician appointed by the Board if the attorney for the | ||||||
14 | district
certifies in writing that the employee is entitled | ||||||
15 | to receive compensation
under the Workers' Compensation | ||||||
16 | Act or the Workers' Occupational Diseases Act. The Board | ||||||
17 | may require other evidence of disability.
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18 | (c) The benefit shall terminate when:
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19 | (1) The employee returns to work or receives a | ||||||
20 | retirement annuity paid
wholly or in part under this | ||||||
21 | Article;
| ||||||
22 | (2) The disability ceases;
| ||||||
23 | (3) The employee attains age 65, but if the employee | ||||||
24 | becomes disabled at
age 60 or later, benefits may be | ||||||
25 | extended for a period of no
more than 5 years after
| ||||||
26 | disablement;
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1 | (4) The employee (i) refuses to submit to reasonable | ||||||
2 | examinations by
physicians or other health professionals | ||||||
3 | appointed by the Board, (ii) fails
or refuses to consent to | ||||||
4 | and sign an authorization allowing the Board to
receive | ||||||
5 | copies of or to examine the employee's medical and hospital | ||||||
6 | records,
or (iii) fails or refuses to provide complete | ||||||
7 | information regarding any other
employment for | ||||||
8 | compensation he or she has received since becoming | ||||||
9 | disabled;
or
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10 | (5) The employee willfully and continuously refuses to | ||||||
11 | follow medical advice and treatment to enable the employee | ||||||
12 | to return to
work. However this provision does not apply to | ||||||
13 | an employee who relies in good
faith on treatment by prayer | ||||||
14 | through spiritual means alone in accordance with
the tenets | ||||||
15 | and practice of a recognized church or religious | ||||||
16 | denomination, by a
duly accredited practitioner thereof.
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17 | In the case of a duty disability recipient who returns to | ||||||
18 | work, the employee
must make application to the Retirement | ||||||
19 | Board within 2 years from the date the
employee last received | ||||||
20 | duty disability benefits in order to become again
entitled to | ||||||
21 | duty disability benefits based on the injury for which a duty
| ||||||
22 | disability benefit was theretofore paid.
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23 | (Source: P.A. 94-621, eff. 8-18-05; 95-586, eff. 8-31-07.)
| ||||||
24 | (40 ILCS 5/13-314) (from Ch. 108 1/2, par. 13-314)
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25 | Sec. 13-314. Alternative provisions for Water Reclamation |
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| |||||||
1 | District
commissioners.
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2 | (a) Transfer of credits. Any Water Reclamation District | ||||||
3 | commissioner
elected by vote of the people and who has elected | ||||||
4 | to participate in this
Fund may transfer to this Fund credits | ||||||
5 | and creditable service accumulated
under any other pension fund | ||||||
6 | or retirement system established under
Articles 2 through 18 of | ||||||
7 | this Code, upon payment to the Fund of (1) the
amount by which | ||||||
8 | the employer and employee contributions that would have
been | ||||||
9 | required if he had participated in this Fund during the period | ||||||
10 | for
which credit is being transferred, plus interest, exceeds | ||||||
11 | the amounts
actually transferred from such other fund or system | ||||||
12 | to this Fund, plus (2)
interest thereon at 6% per year | ||||||
13 | compounded annually from the date of
transfer to the date of | ||||||
14 | payment.
| ||||||
15 | (b) Alternative annuity. Any participant commissioner may | ||||||
16 | elect to
establish alternative credits for an alternative | ||||||
17 | annuity by electing in
writing to make additional optional | ||||||
18 | contributions in accordance with this
Section and procedures | ||||||
19 | established by the Board. Unless and until such
time as the | ||||||
20 | U.S. Internal Revenue Service or the federal courts provide a
| ||||||
21 | favorable ruling as described in Section 13-502(f), a
| ||||||
22 | commissioner
may discontinue making the additional optional | ||||||
23 | contributions by notifying the
Fund in writing in accordance | ||||||
24 | with this Section and procedures established
by the Board.
| ||||||
25 | Additional optional contributions for the alternative | ||||||
26 | annuity shall be
as follows:
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1 | (1) For service after the option is elected, an | ||||||
2 | additional contribution
of 3% of salary shall be | ||||||
3 | contributed to the Fund on the same basis and
under the | ||||||
4 | same conditions as contributions required under Section | ||||||
5 | 13-502.
| ||||||
6 | (2) For contributions on past service, the additional | ||||||
7 | contribution shall
be 3% of the salary for the
applicable | ||||||
8 | period of service, plus interest at the annual rate from | ||||||
9 | time to
time as determined by the Board, compounded | ||||||
10 | annually from the date of service
to the date of payment. | ||||||
11 | Contributions for service before the option is
elected may | ||||||
12 | be made in a lump sum payment to the Fund or by | ||||||
13 | contributing to the
Fund on the same basis and under the | ||||||
14 | same conditions as contributions required
under Section | ||||||
15 | 13-502.
All payments for past service must be paid in full | ||||||
16 | before credit
is given. No additional optional | ||||||
17 | contributions may be made for any period
of service for | ||||||
18 | which credit has been previously forfeited by acceptance of
| ||||||
19 | a refund, unless the refund is repaid in full with interest | ||||||
20 | at the rate
specified in Section 13-603, from the date of | ||||||
21 | refund to the date of repayment.
| ||||||
22 | In lieu of the retirement annuity otherwise payable under | ||||||
23 | this Article,
any commissioner who has elected to participate | ||||||
24 | in the Fund and make
additional optional contributions in | ||||||
25 | accordance with this Section,
has attained age 55, and has at | ||||||
26 | least 6 years of service
credit, may elect to have the |
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| |||||||
1 | retirement annuity computed as follows: 3% of
the participant's | ||||||
2 | average final salary as a commissioner for each of
the first 8 | ||||||
3 | years of service credit, plus 4% of such salary for each of the
| ||||||
4 | next 4 years of service credit, plus 5% of such salary for each | ||||||
5 | year of
service credit in excess of 12 years, subject to a | ||||||
6 | maximum of 80% of such
salary. To the extent such commissioner | ||||||
7 | has made additional optional
contributions with respect to only | ||||||
8 | a portion of years of service credit,
the retirement annuity | ||||||
9 | will first be determined in accordance with this
Section to the | ||||||
10 | extent such additional optional contributions were made, and
| ||||||
11 | then in accordance with the remaining Sections of this Article | ||||||
12 | to the
extent of years of service credit with respect to which | ||||||
13 | additional optional
contributions were not made. The change in | ||||||
14 | minimum retirement age (from
60 to 55) made by Public Act | ||||||
15 | 87-1265 this amendatory Act of 1993 applies to persons who | ||||||
16 | begin
receiving a retirement annuity under this Section on or | ||||||
17 | after January 25, 1993 ( the effective
date of Public Act | ||||||
18 | 87-1265) this amendatory Act , without regard to whether they | ||||||
19 | are in service
on or after that date.
| ||||||
20 | (c) Disability benefits. In lieu of the disability benefits | ||||||
21 | otherwise
payable under this Article, any commissioner who (1) | ||||||
22 | has elected to
participate in the Fund, and (2) has become | ||||||
23 | permanently disabled and as a
consequence is unable to perform | ||||||
24 | the duties of office, and (3) was making
optional contributions | ||||||
25 | in accordance with this Section at the time the
disability was | ||||||
26 | incurred, may elect to receive a disability annuity
calculated |
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| |||||||
1 | in accordance with the formula in subsection (b). For the
| ||||||
2 | purposes of this subsection, such commissioner shall be
| ||||||
3 | considered permanently disabled only if: (i) disability occurs | ||||||
4 | while in
service as a commissioner and is of such a nature as | ||||||
5 | to prevent the
reasonable performance of the duties of office | ||||||
6 | at the time; and (ii) the
Board has received a written | ||||||
7 | certification by at least 2 licensed
physicians appointed by it | ||||||
8 | stating that such commissioner is disabled and
that the | ||||||
9 | disability is likely to be permanent.
| ||||||
10 | (d) Alternative survivor's benefits. In lieu of the
| ||||||
11 | survivor's benefits otherwise payable under this Article, the | ||||||
12 | spouse or
eligible child of any deceased commissioner who (1) | ||||||
13 | had elected to
participate in the Fund, and (2) was either | ||||||
14 | making (or had already made) additional optional
contributions | ||||||
15 | on the date of death, or was receiving an annuity calculated
| ||||||
16 | under this Section at the time of death, may elect to receive | ||||||
17 | an annuity
beginning on the date of the commissioner's death, | ||||||
18 | provided that the spouse
and commissioner must have been | ||||||
19 | married on the date of the last termination
of a service as | ||||||
20 | commissioner and for a continuous period of at least one
year | ||||||
21 | immediately preceding death.
| ||||||
22 | The annuity shall be payable beginning on the date of the | ||||||
23 | commissioner's
death if the spouse is then age 50 or over, or | ||||||
24 | beginning at age 50 if the
age of the spouse is less than 50 | ||||||
25 | years. If a minor unmarried child or
children of the | ||||||
26 | commissioner, under age 18 (age 23 in the case of a full-time |
| |||||||
| |||||||
1 | student), also survive, and the child or
children are under the | ||||||
2 | care of the eligible spouse, the annuity shall begin
as of the | ||||||
3 | date of death of the commissioner without regard to the | ||||||
4 | spouse's age.
Beginning on the first day of the month following | ||||||
5 | the month in which this amendatory Act of the 96th General | ||||||
6 | Assembly takes effect, benefits shall begin on the first of the | ||||||
7 | month following the commissioner's date of death if the spouse | ||||||
8 | is then age 50 or over or, if a minor unmarried child or | ||||||
9 | children of the commissioner, under age 18 (age 23 in the case | ||||||
10 | of a full time student), also survive, and the child or | ||||||
11 | children are under the care of the eligible spouse. The benefit | ||||||
12 | is payable for the full month if the annuitant was alive on the | ||||||
13 | first day of the month.
| ||||||
14 | The annuity to a spouse shall be the greater of (i) 66 2/3% | ||||||
15 | of the amount of retirement
annuity earned by the commissioner | ||||||
16 | on the date of death, subject to a
minimum payment of 10% of | ||||||
17 | salary, provided that if an eligible spouse,
regardless of age, | ||||||
18 | has in his or her care at the date of death of the
commissioner | ||||||
19 | any unmarried child or children of the commissioner under age
| ||||||
20 | 18, the minimum annuity shall be 30% of the commissioner's | ||||||
21 | salary, plus 10%
of salary on account of each minor child of | ||||||
22 | the commissioner, subject to a
combined total payment on | ||||||
23 | account of a spouse and minor children not to
exceed 50% of the | ||||||
24 | deceased commissioner's salary or (ii) for the spouse of a | ||||||
25 | commissioner whose death occurs on or after August 18, 2005 | ||||||
26 | ( the effective date of Public Act 94-621) this amendatory Act |
| |||||||
| |||||||
1 | of the 94th General Assembly , the surviving spouse annuity | ||||||
2 | shall be computed in the same manner as described in Section | ||||||
3 | 13-306(a). The number of total service years used to calculate | ||||||
4 | the commissioner's annuity shall be the number of service years | ||||||
5 | used to calculate the annuity for that commissioner's surviving | ||||||
6 | spouse. In the event there shall
be no spouse of the | ||||||
7 | commissioner surviving, or should a spouse die while
eligible | ||||||
8 | minor children still survive the commissioner, each such child
| ||||||
9 | shall be entitled to an annuity equal to 20% of salary of the | ||||||
10 | commissioner
subject to a combined total payment on account of | ||||||
11 | all such children not to
exceed 50% of salary of the | ||||||
12 | commissioner. The salary to be used in the
calculation of these | ||||||
13 | benefits shall be the same as that prescribed for
determining a | ||||||
14 | retirement annuity as provided in subsection (b) of this | ||||||
15 | Section.
| ||||||
16 | Upon the death of a commissioner occurring after | ||||||
17 | termination of a service
or while in receipt of a retirement | ||||||
18 | annuity, the combined total payment to
a spouse and minor | ||||||
19 | children, or to minor children alone if no eligible
spouse | ||||||
20 | survives, shall be limited to 85% of the amount of retirement
| ||||||
21 | annuity earned by the commissioner.
| ||||||
22 | Marriage of a child or attainment of age 18 (age 23 in the | ||||||
23 | case of a full-time student), whichever first occurs,
shall | ||||||
24 | render the child ineligible for further consideration in the | ||||||
25 | payment
of annuity to a spouse or in the increase in the amount | ||||||
26 | thereof. Upon
attainment of ineligibility of the youngest minor |
| |||||||
| |||||||
1 | child of the
commissioner, the annuity shall immediately revert | ||||||
2 | to the amount payable
upon death of a commissioner leaving no | ||||||
3 | minor children surviving. If the
spouse is under age 50 at such | ||||||
4 | time, the annuity as revised shall be
deferred until such age | ||||||
5 | is attained.
| ||||||
6 | (e) Refunds. Refunds of additional optional contributions | ||||||
7 | shall be made
on the same basis and under the same conditions | ||||||
8 | as provided under Section
13-601. Interest shall be credited on | ||||||
9 | the same basis and under the same
conditions as for other | ||||||
10 | contributions.
| ||||||
11 | Optional contributions shall be accounted for in a separate | ||||||
12 | Commission's
Optional Contribution Reserve. Optional | ||||||
13 | contributions under this Section
shall be included in the | ||||||
14 | amount of employee contributions used to compute
the tax levy | ||||||
15 | under Section 13-503.
| ||||||
16 | (f) Effective date. The effective date of this plan of | ||||||
17 | optional
alternative benefits and contributions shall be the | ||||||
18 | date upon which
approval was received from the U.S. Internal | ||||||
19 | Revenue Service. The plan of
optional alternative benefits and | ||||||
20 | contributions shall not be available to
any former employee | ||||||
21 | receiving an annuity from the Fund on the effective
date, | ||||||
22 | unless said former employee re-enters service and renders at | ||||||
23 | least 3
years of additional service after the date of re-entry | ||||||
24 | as a commissioner.
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25 | (Source: P.A. 94-621, eff. 8-18-05; 95-279, eff. 1-1-08.)
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1 | (40 ILCS 5/13-601) (from Ch. 108 1/2, par. 13-601)
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2 | Sec. 13-601. Refunds.
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3 | (a) Withdrawal from service. Upon withdrawal from service, | ||||||
4 | an employee
under age 55 (age 50 if the employee first entered | ||||||
5 | service before June
13, 1997), or an employee age 55 (age 50 if | ||||||
6 | the employee first entered
service before June 13, 1997) or | ||||||
7 | over but less than 60 having less
than 20 years of service, or | ||||||
8 | an employee age 60 or over having less than 5
years of service | ||||||
9 | shall be entitled, upon application, to a refund of total
| ||||||
10 | contributions from salary deductions or amounts otherwise paid | ||||||
11 | under this
Article by the employee. The refund shall not | ||||||
12 | include interest credited to
the contributions. The Board may, | ||||||
13 | in its discretion, withhold payment of a
refund for a period | ||||||
14 | not to exceed one year from the date of filing an
application | ||||||
15 | for refund.
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16 | (b) Surviving spouse's annuity contributions. A refund of | ||||||
17 | all amounts
deducted from salary or otherwise contributed by an | ||||||
18 | employee for the
surviving spouse's annuity shall be paid upon | ||||||
19 | retirement to any employee
who on the date of retirement is | ||||||
20 | either not married or is married but whose
spouse is not | ||||||
21 | eligible for a surviving spouse's annuity paid wholly or in
| ||||||
22 | part under this Article. The refund shall include interest on
| ||||||
23 | each contribution at the rate of 3% per annum compounded | ||||||
24 | annually from the
date of the contribution to the date of the | ||||||
25 | refund.
| ||||||
26 | (c) Payment of Refunds After Death. Whenever any refund is |
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1 | payable after the death of the employee or annuitant as | ||||||
2 | provided for in this Article, the refund shall be paid as | ||||||
3 | follows: to the employee's surviving spouse, but if there is no | ||||||
4 | surviving spouse then in accordance with the employee's written | ||||||
5 | designation of beneficiary filed with the Board on the | ||||||
6 | prescribed form before the employee's death. If there is no | ||||||
7 | such designation of beneficiary, then to the employee's | ||||||
8 | surviving children in equal parts to each. If there are no such | ||||||
9 | children, the refund shall be paid to the heirs of the employee | ||||||
10 | according to the law of descent and distribution of the State | ||||||
11 | of Illinois.
| ||||||
12 | If a personal representative of the estate has not been | ||||||
13 | appointed within
90 days from the date on which a refund became | ||||||
14 | payable, the refund may be
applied, in the discretion of the | ||||||
15 | Board, toward the payment of the
employee's or the surviving | ||||||
16 | spouse's burial expenses. Any remaining
balance shall be paid | ||||||
17 | to the heirs of the employee according to the law of
descent | ||||||
18 | and distribution of the State of Illinois.
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19 | Whenever the total accumulations to the account of an | ||||||
20 | employee from employee contributions other than the | ||||||
21 | contribution for the cost of living increase, including | ||||||
22 | interest to the employee's date of withdrawal, have not been | ||||||
23 | paid to the employee and surviving spouse as a retirement or | ||||||
24 | spouse's annuity before the death of the employee and spouse, a | ||||||
25 | refund shall be paid as follows: an amount equal to the excess | ||||||
26 | of such amounts over the amounts paid on such annuities without |
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| |||||||
1 | interest on either such amount.
| ||||||
2 | If a reversionary annuity becomes payable under Section | ||||||
3 | 13-303, the
refund provided in this section shall not be paid | ||||||
4 | until the death of the
reversionary annuitant and the refund | ||||||
5 | otherwise payable under this section
shall be then further | ||||||
6 | reduced by the amount of the reversionary annuity paid.
| ||||||
7 | (d) In lieu of annuity. Notwithstanding the provisions set | ||||||
8 | forth in
subsection (a) of this section, whenever an employee's | ||||||
9 | or surviving
spouse's annuity will be less than $200 per month, | ||||||
10 | the employee or
surviving spouse, as the case may be, may elect | ||||||
11 | to receive a refund of
accumulated employee contributions; | ||||||
12 | provided, however, that if the election
is made by a surviving | ||||||
13 | spouse the refund shall be reduced by any amounts
theretofore | ||||||
14 | paid to the employee in the form of an annuity.
| ||||||
15 | (e) Forfeiture of rights. An employee or surviving spouse | ||||||
16 | who receives
a refund forfeits the right to receive an annuity | ||||||
17 | or any other benefit
payable under this Article except that if | ||||||
18 | the refund is to a surviving
spouse, any child or children of | ||||||
19 | the employee shall not be deprived of the
right to receive a | ||||||
20 | child's annuity as provided in Section 13-308 of this
Article, | ||||||
21 | and the payment of a child's annuity shall not reduce the | ||||||
22 | amount
refundable to the surviving spouse.
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23 | (Source: P.A. 94-621, eff. 8-18-05; 95-586, eff. 8-31-07.)
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24 | Section 90. The State Mandates Act is amended by adding | ||||||
25 | Section 8.33 as follows: |
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1 | (30 ILCS 805/8.33 new) | ||||||
2 | Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
3 | of this Act, no reimbursement by the State is required for the | ||||||
4 | implementation of any mandate created by this amendatory Act of | ||||||
5 | the 96th General Assembly.
| ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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