96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5182


 
Introduced 2/1/2010, by Rep. Dave Winters
 
SYNOPSIS AS INTRODUCED:
 		





 








40 ILCS 5/7-144
  from Ch. 108 1/2, par. 7-144








     Amends the IMRF Article of the Illinois Pension Code. Provides that if an annuitant becomes an employee
and receives earnings from employment in a position normally requiring
performance of duty during 1,000 hours or more per year as a Sheriff's law enforcement employee (currently 600 hours or more per year as a non-Sheriff's law enforcement employee) for any
participating municipality and instrumentalities thereof or
participating instrumentality, 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. Effective immediately.
  















LRB096 18591 AMC 33973 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 




  






HB5182

LRB096 18591 AMC 33973 b





  
1
    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 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 
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employment. 

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    (a) (1) If any person described in clause (i) of subsection 
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(a)
2 of Section 7-141
receiving any annuity again becomes an 
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employee
and receives earnings from employment in a position 
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normally requiring
performance of duty during 600 hours or more 
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per year (1,000 hours or more per year as a Sheriff's law 
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enforcement employee) for any
participating municipality and 
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instrumentalities thereof or
participating instrumentality; or 
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(2) if any person described in
clause (ii) of subsection (a) 2 
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of Section 7-141 receiving any annuity returns
to employment in 
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a position requiring him, or entitling him to elect, to
become 
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a participating employee; then the annuity payable to such 
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employee
shall be suspended as of the 1st day of the month 
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coincidental with or
next following the date upon which such 
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person becomes such an employee.
Upon proper qualification of 
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the participating employee payment of such
annuity may be 
 


 






HB5182
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resumed on the 1st day of the month following such

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qualification and upon proper application therefor. The 
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participating
employee in such case shall be entitled to a 
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supplemental annuity
arising from service and credits earned 
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subsequent to such re-entry as a
participating employee.

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    (b) Supplemental annuities to persons who return to service 
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for less
than 48 months shall be computed under the provisions 
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of Sections 7-141,
7-142 and 7-143. In determining whether an 
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employee is eligible for an
annuity which requires a minimum 
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period of service, his entire period of
service shall be taken 
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into consideration but the supplemental annuity
shall be based 
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on earnings and service in the supplemental period only.
The 
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effective date of the suspended and supplemental annuity for 
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the
purpose of increases after retirement shall be considered 
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to be the
effective date of the suspended annuity.

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    (c) Supplemental annuities to persons who return to service 
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for 48
months or more shall be a monthly amount determined as 
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follows:

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        (1) An amount shall be computed under subparagraph b of 
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    paragraph
(1) of subsection (a) of Section 7-142, 
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    considering all of the service
credits of the employee;

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        (2) The actuarial value in monthly payments for life of 
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    the annuity
payments made before suspension shall be 
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    determined and subtracted from
the amount determined in (1) 
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    above;

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        (3) The monthly amount of the suspended annuity, with 
 


 






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    any applicable
increases after retirement computed from 
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    the effective date to the date
of reinstatement, shall be 
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    subtracted from the amount determined in (2)
above and the 
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    remainder shall be the amount of the supplemental annuity

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    provided that this amount shall not be less than the amount 
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    computed under
subsection (b) of this Section.

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        (4) The suspended annuity shall be reinstated at an 
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    amount including
any increases after retirement from the 
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    effective date to date of
reinstatement.

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        (5) The effective date of the combined suspended and 
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    supplemental
annuities for the purposes of increases after 
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    retirement shall be
considered to be the effective date of 
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    the supplemental annuity.

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(Source: P.A. 82-459.)

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