Sen. Robert F. Martwick

Filed: 2/19/2020

 

 


 

 


 
10100SB2795sam001LRB101 19188 RPS 70141 a

1
AMENDMENT TO SENATE BILL 2795

2    AMENDMENT NO. ______. Amend Senate Bill 2795 as follows:
 
3on page 1, line 5, by replacing "7-141," with "2-121.3, 7-141,
414-121.1,"; and
 
5on page 1, line 5, by replacing "and 16-142.3" with "16-142.3,
6and 18-128.3"; and
 
7on page 1, immediately below line 5, by inserting the
8following:
 
9    "(40 ILCS 5/2-121.3)  (from Ch. 108 1/2, par. 2-121.3)
10    Sec. 2-121.3. Required distributions. (a) A person who
11would be eligible to receive a survivor's annuity under this
12Article but for the fact that the person has not yet attained
13age 50, shall be eligible for a monthly distribution under this
14subsection (a), provided that the payment of such distribution

 

 

10100SB2795sam001- 2 -LRB101 19188 RPS 70141 a

1is required by federal law.
2    The distribution shall become payable on (i) July 1, 1987,
3(ii) December 1 of the calendar year immediately following the
4calendar year in which the deceased spouse died, or (iii)
5December 1 of the calendar year in which the deceased spouse
6would have attained age 72 70 1/2, whichever occurs last, and
7shall remain payable until the first of the following to occur:
8(1) the person becomes eligible to receive a survivor's annuity
9under this Article; (2) the end of the month in which the
10person ceases to be eligible to receive a survivor's annuity
11upon attainment of age 50, due to remarriage or death; or (3)
12the end of the month in which such distribution ceases to be
13required by federal law.
14    The amount of the distribution shall be fixed at the time
15the distribution first becomes payable, and shall be calculated
16in the same manner as a survivor's annuity under Sections
172-121, 2-121.1 and 2-121.2, but excluding: (A) any requirement
18for an application for the distribution; (B) any automatic
19annual increases, supplemental increases, or one-time
20increases that may be provided by law for survivor's annuities;
21and (C) any lump-sum or death benefit.
22    (b) For the purpose of this Section, a distribution shall
23be deemed to be required by federal law if: (1) directly
24mandated by federal statute, rule, or administrative or court
25decision; or (2) indirectly mandated through imposition of
26substantial tax or other penalties for noncompliance.

 

 

10100SB2795sam001- 3 -LRB101 19188 RPS 70141 a

1    (c) Notwithstanding Section 1-103.1 of this Code, a member
2need not be in service on or after the effective date of this
3amendatory Act of 1989 for the member's surviving spouse to be
4eligible for a distribution under this Section.
5(Source: P.A. 86-273.)"; and
 
6on page 2, immediately below line 17, by inserting the
7following:
 
8    "(40 ILCS 5/14-121.1)  (from Ch. 108 1/2, par. 14-121.1)
9    Sec. 14-121.1. Required distributions. (a) A person who
10would be eligible to receive a widow's or survivor's annuity
11under this Article but for the fact that the person has not yet
12attained age 50, shall be eligible for a monthly distribution
13under this subsection (a), provided that the payment of such
14distribution is required by federal law.
15    The distribution shall become payable on (i) July 1, 1987,
16(ii) December 1 of the calendar year immediately following the
17calendar year in which the deceased spouse died, or (iii)
18December 1 of the calendar year in which the deceased spouse
19would have attained age 72 70 1/2, whichever occurs last, and
20shall remain payable until the first of the following to occur:
21(1) the person becomes eligible to receive a widow's or
22survivor's annuity under this Article; (2) the end of the month
23in which the person ceases to be eligible to receive a widow's
24or survivor's annuity upon attainment of age 50, due to

 

 

10100SB2795sam001- 4 -LRB101 19188 RPS 70141 a

1remarriage or death; or (3) the end of the month in which such
2distribution ceases to be required by federal law.
3    The amount of the distribution shall be fixed at the time
4the distribution first becomes payable, and shall be calculated
5in the same manner as a survivor's annuity under Sections
614-120, 14-121 and 14-122 (or, in the case of a person who has
7elected to receive a widow's annuity instead of a survivor's
8annuity, in the same manner as the widow's annuity under
9Sections 14-118 and 14-119), but excluding: (A) any requirement
10for an application for the distribution; (B) any automatic
11annual increases, supplemental increases, or one-time
12increases that may be provided by law for survivor's or widow's
13annuities; and (C) any lump-sum or death benefit.
14    (b) For the purpose of this Section, a distribution shall
15be deemed to be required by federal law if: (1) directly
16mandated by federal statute, rule, or administrative or court
17decision; or (2) indirectly mandated through imposition of
18substantial tax or other penalties for noncompliance.
19    (c) Notwithstanding Section 1-103.1 of this Code, a member
20need not be in service on or after the effective date of this
21amendatory Act of 1989 for the member's surviving spouse to be
22eligible for a distribution under this Section.
23(Source: P.A. 86-273.)"; and
 
24on page 6, immediately below line 12, by inserting the
25following:
 

 

 

10100SB2795sam001- 5 -LRB101 19188 RPS 70141 a

1    "(40 ILCS 5/18-128.3)  (from Ch. 108 1/2, par. 18-128.3)
2    Sec. 18-128.3. Required distributions. (a) A person who
3would be eligible to receive a survivor's annuity under this
4Article but for the fact that the person has not yet attained
5age 50, shall be eligible for a monthly distribution under this
6subsection (a), provided that the payment of such distribution
7is required by federal law.
8    The distribution shall become payable on (i) July 1, 1987,
9(ii) December 1 of the calendar year immediately following the
10calendar year in which the deceased spouse died, or (iii)
11December 1 of the calendar year in which the deceased spouse
12would have attained age 72 70 1/2, whichever occurs last, and
13shall remain payable until the first of the following to occur:
14(1) the person becomes eligible to receive a survivor's annuity
15under this Article; (2) the end of the month in which the
16person ceases to be eligible to receive a survivor's annuity
17upon attainment of age 50, due to remarriage or death; or (3)
18the end of the month in which such distribution ceases to be
19required by federal law.
20    The amount of the distribution shall be fixed at the time
21the distribution first becomes payable, and shall be calculated
22in the same manner as a survivor's annuity under Sections
2318-128 through 18-128.2, but excluding: (A) any requirement for
24an application for the distribution; (B) any automatic annual
25increases, supplemental increases, or one-time increases that

 

 

10100SB2795sam001- 6 -LRB101 19188 RPS 70141 a

1may be provided by law for survivor's annuities; and (C) any
2lump-sum or death benefit.
3    (b) For the purpose of this Section, a distribution shall
4be deemed to be required by federal law if: (1) directly
5mandated by federal statute, rule, or administrative or court
6decision; or (2) indirectly mandated through imposition of
7substantial tax or other penalties for noncompliance.
8    (c) Notwithstanding Section 1-103.1 of this Code, a member
9need not be in service on or after the effective date of this
10amendatory Act of 1989 for the member's surviving spouse to be
11eligible for a distribution under this Section.
12(Source: P.A. 86-273.)".