Illinois General Assembly - Full Text of HB2824
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Full Text of HB2824  101st General Assembly




HB2824 EnrolledLRB101 08718 RPS 53805 b

1    AN ACT concerning public employee benefits.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 8-125, 8-162, and 8-244.1 as follows:
6    (40 ILCS 5/8-125)  (from Ch. 108 1/2, par. 8-125)
7    Sec. 8-125. Annuity.
8    "Annuity": Equal monthly payments for life, unless
9otherwise specified.
10    For annuities taking effect before January 1, 1998, the
11first payment shall be due and payable one month after the
12occurrence of the event upon which payment of the annuity
13depends, and the last payment shall be due and payable as of
14the date of the annuitant's death and shall be prorated from
15the date of the last preceding payment to the date of death for
16deaths that occur on or before March 31, 2000. All payments
17made on or after April 1, 2000 shall be made on the first day of
18the calendar month and the last payment shall be made on the
19first day of the calendar month in which the annuity payment
20period ends. All payments for months beginning with April of
212000 shall be for the entire calendar month, without proration.
22A pro rata amount shall be paid for that part of the month from
23the March 2000 annuity payment date through March 31, 2000.



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1    For annuities taking effect on or after January 1, 1998,
2payments shall be made as of the first day of the calendar
3month, with the first payment to be made as of the first day of
4the calendar month coincidental with or next following the
5first day of the annuity payment period, and the last payment
6to be made as of the first day of the calendar month in which
7the annuity payment period ends. For annuities taking effect on
8or after January 1, 1998, all payments shall be for the entire
9calendar month, without proration. The date on which the
10annuity payment period begins shall not be prior to termination
11or more than one year prior to receipt by the board of the
12written application for benefits.
13    For the purposes of this Section, the "annuity payment
14period" means the period beginning on the day after the
15occurrence of the event upon which payment of the annuity
16depends, and ending on the day upon which the death of the
17annuitant or other event terminating the annuity occurs.
18(Source: P.A. 90-31, eff. 6-27-97; 91-887, eff. 7-6-00.)
19    (40 ILCS 5/8-162)  (from Ch. 108 1/2, par. 8-162)
20    Sec. 8-162. Proof of disability, duty and ordinary.
21    Proof of duty or ordinary disability shall be furnished to
22the board by at least one licensed and practicing physician
23appointed by the board. The board may require other evidence of
24disability. Each disabled employee who receives duty or
25ordinary disability benefit shall be examined at least once a



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1year, or a longer period of time as determined by the board, by
2one or more licensed and practicing physicians appointed by the
3board. When the disability ceases, the board shall discontinue
4payment of the benefit and the employee shall be returned to
5active service.
6(Source: Laws 1963, p. 161.)
7    (40 ILCS 5/8-244.1)  (from Ch. 108 1/2, par. 8-244.1)
8    Sec. 8-244.1. Payment of annuity other than direct.
9    (a) The board, at the written direction and request of any
10annuitant, may, solely as an accommodation to such annuitant,
11pay the annuity due him to a bank, savings and loan association
12or any other financial institution insured by an agency of the
13federal government, for deposit to his account, or to a bank or
14trust company for deposit in a trust established by him for his
15benefit with such bank, savings and loan association or trust
16company, and such annuitant may withdraw such direction at any
17time. An annuitant who directs the board to pay the annuity due
18him or her to a financial institution shall hold the board and
19Fund harmless from any claim or loss related to any error as to
20whether the financial institution is or continues to be
21federally insured. The board may also, in the case of any
22disability beneficiary or annuitant for whom no estate guardian
23has been appointed and who is confined in a publicly owned and
24operated mental institution, pay such disability benefit or
25annuity due such person to the superintendent or other head of



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1such institution or hospital for deposit to such person's trust
2fund account maintained for him by such institution or
3hospital, if by law such trust fund accounts are authorized or
5    (b) An annuitant formerly employed by the City of Chicago
6may authorize the withholding of a portion of his or her
7annuity for payment of dues to the labor organization which
8formerly represented the annuitant when the annuitant was an
9active employee; however, no withholding shall be required
10under this subsection for payment to one labor organization
11unless a minimum of 25 annuitants authorize such withholding.
12The Board shall prescribe a form for the authorization of
13withholding of dues, release of name, social security number
14and address and shall provide such forms to employees,
15annuitants and labor organizations upon request. Amounts
16withheld by the Board under this subsection shall be promptly
17paid over to the designated organizations, indicating the
18names, social security numbers and addresses of annuitants on
19whose behalf dues were withheld.
20    At the request and at the expense of the labor organization
21that formerly represented the annuitant, the City of Chicago
22shall coordinate mailings no more than twice in any
23twelve-month period to such annuitants and the Board shall
24supply current annuitant addresses to the City of Chicago upon
25request. These mailings shall be limited to informing the
26annuitants of their rights under this subsection (b), the form



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1authorizing the withholding of dues from their annuity and
2information supplied by the labor organization pertinent to the
3decision of whether to exercise the rights of this subsection.
4(Source: P.A. 100-23, eff. 7-6-17.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.