Bill Status of SB 3309   98th General Assembly

Short Description:  PENS CD-MISTAKE IN BENEFIT

Senate Sponsors
Sen. Jennifer Bertino-Tarrant

House Sponsors
(Rep. Lawrence M. Walsh, Jr.-Jeanne M Ives)


Last Action  View All Actions

DateChamber Action
  8/26/2014SenatePublic Act . . . . . . . . . 98-1117

Statutes Amended In Order of Appearance
40 ILCS 5/2-155.1 new
40 ILCS 5/4-138.10 new
40 ILCS 5/10-110 new
40 ILCS 5/14-148.1 new
40 ILCS 5/18-162.1 new

Synopsis As Introduced
Amends the General Assembly, State Employees, and Judges Articles of the Illinois Pension Code. Provides that if a fund or system mistakenly sets any benefit at an incorrect amount, it shall recalculate the benefit as soon as may be practicable after the mistake is discovered. Sets forth specific requirements regarding when a benefit is mistakenly set too low and when a benefit is mistakenly set too high. Amends the Downstate Firefighters and Cook County Forest Preserve Articles of the Illinois Pension Code. Provides that the amount of any overpayment of any pension or benefit due to fraud, misrepresentation, or error may be deducted from future payments to the recipient.

Senate Committee Amendment No. 1
Deletes reference to:
40 ILCS 5/4-138.10 new
40 ILCS 5/10-110 new
Adds reference to:
40 ILCS 5/2-114from Ch. 108 1/2, par. 2-114
40 ILCS 5/2-163 new
40 ILCS 5/14-103.19from Ch. 108 1/2, par. 14-103.19
40 ILCS 5/14-153.3 new
40 ILCS 5/18-116from Ch. 108 1/2, par. 18-116
40 ILCS 5/18-170 new
40 ILCS 5/21-105.1from Ch. 108 1/2, par. 21-105.1

Replaces everything after the enacting clause. Amends the General Assembly, State Employees, and Judges Articles of the Illinois Pension Code. Requires the adopted actuarial tables to be used to determine the amount of all benefits, including optional forms of benefits. Requires optional forms of benefits to be the actuarial equivalent of the normal benefit. Provides that, upon termination of the trust or upon the complete discontinuance of contributions to the trust, the rights of all employees to benefits accrued to the date of such termination or discontinuance, to the extent then funded, or the amounts credited to the employees' accounts are nonforfeitable. Adds provisions relating to a mistake in benefit; provides for recalculation of the benefit, payment of any underpayment, and in certain cases recovery of an overpayment. Amends the Social Security Enabling Act (Article 20 of the Code) to authorize the election of optional medicare coverage by the downstate and Chicago police and firefighter pension funds. Effective immediately.

Senate Committee Amendment No. 2
Replaces the provisions relating to termination with "Upon plan termination, a participant's (member's) interest in the pension fund will be nonforfeitable.".

House Committee Amendment No. 2
Adds reference to:
40 ILCS 5/3-144.2from Ch. 108 1/2, par. 3-144.2
40 ILCS 5/3-148from Ch. 108 1/2, par. 3-148
40 ILCS 5/4-138.10 new
40 ILCS 5/4-139from Ch. 108 1/2, par. 4-139

Replaces everything after the enacting clause with the provisions of the engrossed bill, with this change: adds a provision stating that the mistake in benefit provisions apply to all mistakes in benefit calculations that occur before, on, or after the effective date of this amendatory Act. Also amends the Downstate Police and Firefighter Articles of the Illinois Pension Code to add mistake in benefit provisions. Effective immediately.

Actions 
DateChamber Action
  2/14/2014SenateFiled with Secretary by Sen. Jennifer Bertino-Tarrant
  2/14/2014SenateFirst Reading
  2/14/2014SenateReferred to Assignments
  2/25/2014SenateAssigned to Executive
  3/6/2014SenatePostponed - Executive
  3/21/2014SenatePostponed - Executive
  3/21/2014SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jennifer Bertino-Tarrant
  3/21/2014SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/25/2014SenateSenate Committee Amendment No. 1 Assignments Refers to Executive
  3/26/2014SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Jennifer Bertino-Tarrant
  3/26/2014SenateSenate Committee Amendment No. 2 Referred to Assignments
  3/26/2014SenateSenate Committee Amendment No. 2 Assignments Refers to Executive
  3/26/2014SenateSenate Committee Amendment No. 1 Adopted
  3/26/2014SenateSenate Committee Amendment No. 2 Adopted
  3/27/2014SenateDo Pass as Amended Executive; 013-000-000
  3/27/2014SenatePlaced on Calendar Order of 2nd Reading April 1, 2014
  4/1/2014SenateSecond Reading
  4/1/2014SenatePlaced on Calendar Order of 3rd Reading April 2, 2014
  4/2/2014SenateThird Reading - Passed; 056-000-000
  4/3/2014HouseArrived in House
  4/3/2014HouseChief House Sponsor Rep. Lawrence M. Walsh, Jr.
  4/3/2014HouseFirst Reading
  4/3/2014HouseReferred to Rules Committee
  4/23/2014HouseAssigned to Personnel and Pensions Committee
  5/1/2014HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Lawrence M. Walsh, Jr.
  5/1/2014HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/5/2014HouseHouse Committee Amendment No. 1 Rules Refers to Personnel and Pensions Committee
  5/8/2014HouseAdded Alternate Chief Co-Sponsor Rep. Jeanne M Ives
  5/13/2014HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Lawrence M. Walsh, Jr.
  5/13/2014HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  5/14/2014HouseHouse Committee Amendment No. 2 Rules Refers to Personnel and Pensions Committee
  5/15/2014HouseHouse Committee Amendment No. 2 Adopted in Personnel and Pensions Committee; by Voice Vote
  5/15/2014HouseDo Pass as Amended / Short Debate Personnel and Pensions Committee; 008-000-000
  5/15/2014HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  5/16/2014HousePlaced on Calendar 2nd Reading - Short Debate
  5/21/2014HouseSecond Reading - Short Debate
  5/21/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/23/2014HouseThird Reading - Short Debate - Passed 113-000-000
  5/23/2014SenateSecretary's Desk - Concurrence House Amendment(s) 2
  5/23/2014SenatePlaced on Calendar Order of Concurrence House Amendment(s) 2 - May 26, 2014
  5/27/2014SenateHouse Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. Jennifer Bertino-Tarrant
  5/27/2014SenateHouse Committee Amendment No. 2 Motion to Concur Referred to Assignments
  5/27/2014SenateHouse Committee Amendment No. 2 Motion to Concur Assignments Referred to Executive
  5/27/2014SenateHouse Committee Amendment No. 2 Motion to Concur Postponed Executive
  5/28/2014SenateHouse Committee Amendment No. 2 Motion to Concur Postponed Executive
  5/29/2014SenateHouse Committee Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 012-000-000
  5/30/2014SenateHouse Committee Amendment No. 2 Senate Concurs 057-000-000
  5/30/2014SenatePassed Both Houses
  6/27/2014SenateSent to the Governor
  8/26/2014SenateGovernor Approved
  8/26/2014SenateEffective Date August 26, 2014
  8/26/2014SenatePublic Act . . . . . . . . . 98-1117

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