|
| | SB2817 Engrossed | | LRB099 19804 RPS 44203 b |
|
|
1 | | AN ACT concerning public employee benefits.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Illinois Pension Code is amended by changing |
5 | | Sections 9-158, 9-166, and 9-179.2 and by adding Sections |
6 | | 9-108.3 and 9-241 as follows: |
7 | | (40 ILCS 5/9-108.3 new) |
8 | | Sec. 9-108.3. In service. |
9 | | "In service": Any period during which contributions are |
10 | | being made to the Fund on behalf of an employee.
|
11 | | (40 ILCS 5/9-158) (from Ch. 108 1/2, par. 9-158)
|
12 | | Sec. 9-158. Proof of disability, duty and ordinary. Proof |
13 | | of duty or ordinary disability shall be furnished to the board |
14 | | by
at least one licensed and practicing physician appointed by |
15 | | the board , except that this requirement may be waived by the |
16 | | board for proof of duty disability if the employee has been |
17 | | compensated by the county for such disability or specific loss |
18 | | under the Workers' Compensation Act or Workers' Occupational |
19 | | Diseases Act. The physician requirement may also be waived by |
20 | | the board for ordinary disability maternity claims of up to 8 |
21 | | weeks . With respect to duty disability, satisfactory proof must |
22 | | be provided to the board that the final adjudication of the |
|
| | SB2817 Engrossed | - 2 - | LRB099 19804 RPS 44203 b |
|
|
1 | | claim required under subsection (d) of Section 9-159 |
2 | | established that the disability or death resulted from an |
3 | | injury incurred in the performance of an act or acts of duty. |
4 | | The
board may require other evidence of disability. Each |
5 | | disabled employee who
receives duty or ordinary disability |
6 | | benefit shall be examined at least
once a year by one or more |
7 | | licensed and practicing physicians appointed by
the board. When |
8 | | the disability ceases, the board shall discontinue payment
of |
9 | | the benefit and the employee shall be returned to active |
10 | | service .
|
11 | | (Source: P.A. 95-1036, eff. 2-17-09.)
|
12 | | (40 ILCS 5/9-166) (from Ch. 108 1/2, par. 9-166)
|
13 | | Sec. 9-166. Refunds - When paid to beneficiary, children or |
14 | | estate. Whenever the total amount accumulated to the account of |
15 | | a deceased
employee from employee contributions for
annuity |
16 | | purposes, and from
employee contributions applied to any county |
17 | | pension fund superseded by
this fund, have not been paid to |
18 | | him, and in the case of a married male
employee to the employee |
19 | | and his widow together, in form of annuity or
refund before the |
20 | | death of the last of such persons, a refund shall be
payable as |
21 | | follows:
|
22 | | An amount equal to the excess of such amounts over the |
23 | | amounts paid
on any annuity or annuities or refund, without |
24 | | interest upon either of
such amounts, shall be refunded to a |
25 | | beneficiary theretofore designated
by the employee in writing, |
|
| | SB2817 Engrossed | - 3 - | LRB099 19804 RPS 44203 b |
|
|
1 | | signed by him before an officer authorized
to administer oaths , |
2 | | and filed with the board before the employee's
death.
|
3 | | If there is no designated beneficiary or the beneficiary |
4 | | does not
survive the employee, the amount shall be refunded to |
5 | | the employee's
children, in equal parts with the children of a |
6 | | deceased child taking
the share of their parent. If there is no |
7 | | designated beneficiary or
children, the refund shall be paid to |
8 | | the administrator or executor of
the employee's estate.
|
9 | | If an administrator or executor of the estate has not been |
10 | | appointed
within 90 days from the date the refund became |
11 | | payable the refund may be
applied in the discretion of the |
12 | | board toward the payment of the
employee's burial expenses. Any |
13 | | remaining balance shall be paid to the
heirs of the employee |
14 | | according to the law of descent and distribution
of this state |
15 | | but assuming for the purpose of such payment of refund and
|
16 | | determination of heirs that the deceased male employee left no |
17 | | widow
surviving in those cases where a widow eligible for |
18 | | widow's annuity as
his widow survived him and subsequently |
19 | | died; provided,
|
20 | | (a) that if any child or children of the employee are |
21 | | less than age
18, such part or all of any such amount |
22 | | necessary to pay annuities to
them shall not be refunded as |
23 | | hereinbefore stated; and provided further,
|
24 | | (b) that if a reversionary annuity becomes payable as |
25 | | provided in
Section 9-135 such refund shall not be paid |
26 | | until the death of the
reversionary annuitant, and the |
|
| | SB2817 Engrossed | - 4 - | LRB099 19804 RPS 44203 b |
|
|
1 | | refund otherwise payable under this
section shall then |
2 | | first further be reduced by the total amount of the
|
3 | | reversionary annuity paid.
|
4 | | (Source: P.A. 95-369, eff. 8-23-07.)
|
5 | | (40 ILCS 5/9-179.2) (from Ch. 108 1/2, par. 9-179.2)
|
6 | | Sec. 9-179.2.
Other governmental service-Former County
|
7 | | Service. Any employee who first becomes a contributor before |
8 | | the effective date of this amendatory Act of the 99th General |
9 | | Assembly, who has rendered service to any
"governmental unit" |
10 | | as such term is defined in the
"Retirement Systems Reciprocal |
11 | | Act" under Article 20 of the
Illinois Pension Code, who did not |
12 | | contribute to the retirement
system of such "governmental |
13 | | unit", including the retirement
system created by this Article |
14 | | 9 of the Illinois Pension code,
for such service because of |
15 | | ineligibility for participation and
has no equity or rights in |
16 | | such retirement system because of
such service shall be given |
17 | | credit for such service in this
fund, provided:
|
18 | | (a) The employee shall pay to this fund, while in the
|
19 | | service of such county, or while in the service of a
|
20 | | governmental unit whose retirement system has adopted the
|
21 | | "Retirement Systems Reciprocal Act", such amounts, including
|
22 | | interest at the effective rate, as he would have paid to this
|
23 | | fund, on the basis of his salary in effect during the service
|
24 | | rendered to such other "governmental unit" at the rates
|
25 | | prescribed in this Article 9 for the periods
of such service to |
|
| | SB2817 Engrossed | - 5 - | LRB099 19804 RPS 44203 b |
|
|
1 | | the end that such service shall be
considered as service |
2 | | rendered to such county, with all the
rights and
conditions |
3 | | attaching to such service
and payments; and (b) this Section |
4 | | shall not be applicable to
any period of such service for which |
5 | | the employee retains credit
in any other public annuity and |
6 | | benefit fund established by Act
of the Legislature of this |
7 | | State and in operation for employees
of such other |
8 | | "governmental unit" from which such employee was
transferred.
|
9 | | (Source: P.A. 90-655, eff. 7-30-98.)
|
10 | | (40 ILCS 5/9-241 new) |
11 | | Sec. 9-241. Mistake in benefit. If the Fund mistakenly sets |
12 | | any benefit at an incorrect amount, it shall recalculate the |
13 | | benefit as soon as may be practicable after the mistake is |
14 | | discovered. |
15 | | If the benefit was mistakenly set too low, the Fund shall |
16 | | make a lump sum payment to the recipient of an amount equal to |
17 | | the difference between the benefits that should have been paid |
18 | | and those actually paid, without interest. |
19 | | If the benefit was mistakenly set too high, the Fund may |
20 | | recover the amount overpaid from the recipient thereof, either |
21 | | directly or by deducting such amount from the remaining |
22 | | benefits payable to the recipient, without interest. If the |
23 | | overpayment is recovered by deductions from the remaining |
24 | | benefits payable to the recipient, the monthly deduction shall |
25 | | not exceed 10% of the corrected monthly benefit unless |
|
| | SB2817 Engrossed | - 6 - | LRB099 19804 RPS 44203 b |
|
|
1 | | otherwise indicated by the recipient. However, if (1) the |
2 | | amount of the benefit was mistakenly set too high, and (2) the |
3 | | error was undiscovered for 3 years or longer, and (3) the error |
4 | | was not the result of incorrect information supplied by the |
5 | | employer, the affected participant, or any beneficiary, then |
6 | | upon discovery of the mistake the benefit shall be adjusted to |
7 | | the correct level, but the recipient of the benefit need not |
8 | | repay to the Fund the excess amounts received in error. |
9 | | This Section applies to all mistakes in benefit |
10 | | calculations that occur before, on, or after the effective date |
11 | | of this amendatory Act of the 99th General Assembly.
|
12 | | Section 99. Effective date. This Act takes effect upon |
13 | | becoming law.
|