Full Text of SB2391 102nd General Assembly
SB2391 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2391 Introduced 2/26/2021, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/16-140 | from Ch. 108 1/2, par. 16-140 |
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Amends the Downstate Teacher Article of the Illinois Pension Code.
In a provision defining "eligible child" for purposes of certain survivors' benefits, changes the definition of "disability" to "dependent by reason of a physical or mental disability". Provides that the definition of "dependent by reason of a physical or mental disability" does not require that the eligible child be claimed as a dependent on the member's or annuitant's final federal income tax return. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | SB2391 | | LRB102 12575 RPS 17913 b |
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| 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 | 5 | | changing Section 16-140 as follows:
| 6 | | (40 ILCS 5/16-140) (from Ch. 108 1/2, par. 16-140)
| 7 | | Sec. 16-140. Survivors' benefits - definitions.
| 8 | | (a) For the purpose of Sections 16-138 through 16-143.2, | 9 | | the following
terms shall have the following meanings, unless | 10 | | the context otherwise
requires:
| 11 | | (1) "Average salary": the average salary for the | 12 | | highest 4 consecutive
years within the last 10 years of | 13 | | creditable service immediately preceding
date of death or | 14 | | retirement, whichever is applicable, or the average salary
| 15 | | for the total creditable service if service is less than 4 | 16 | | years.
| 17 | | (2) "Member": any teacher included in the membership | 18 | | of the system.
However, a teacher who becomes an annuitant | 19 | | of the system or a teacher
whose services terminate after | 20 | | 20 years of service from any cause other
than retirement | 21 | | is considered a member, subject to the
conditions and | 22 | | limitations stated in this Article.
| 23 | | (3) "Dependent beneficiary": (A) a surviving spouse of |
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| 1 | | a member or
annuitant who was married to the member or | 2 | | annuitant for the 12 month
period immediately preceding | 3 | | and on the date of death of such member or
annuitant, | 4 | | except where a child is born of such marriage, in which | 5 | | case the
qualifying period shall not be applicable;
(A-1) | 6 | | a surviving spouse of a member or annuitant who (i) was | 7 | | married to the
member or annuitant on the date of the | 8 | | member or annuitant's death, (ii) was
married to the | 9 | | member or annuitant for a period of at least 12 months (but | 10 | | not
necessarily the 12 months immediately preceding the | 11 | | member or annuitant's
death), and (iii) has not received a | 12 | | benefit under subsection (a) of Section
16-141 or | 13 | | paragraph (1) of Section 16-142; (B) an eligible child of | 14 | | a member
or annuitant; and (C) a dependent parent.
| 15 | | Unless otherwise designated by the member, eligibility | 16 | | for benefits shall
be in the order named, except that a | 17 | | dependent parent shall be eligible only if
there is no | 18 | | other dependent beneficiary. Any benefit to be received by | 19 | | or paid
to a dependent beneficiary to be determined under | 20 | | this paragraph as provided in
Sections 16-141 and 16-142 | 21 | | may be received by or paid to a trust established
for such | 22 | | dependent beneficiary if such dependent beneficiary is | 23 | | living at the
time such benefit would be received by or | 24 | | paid to such trust.
| 25 | | (4) "Eligible child": an unmarried natural or adopted | 26 | | child of the member
or annuitant under age 18 (age 22 if a |
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| 1 | | full-time student). An unmarried
natural or adopted child, | 2 | | regardless of age, who is dependent by reason of a
| 3 | | physical or mental disability is eligible for so long as | 4 | | such
physical or mental disability continues. An adopted | 5 | | child, however, is
eligible only if the proceedings for | 6 | | adoption were finalized while the child
was a minor.
| 7 | | For purposes of this subsection, " dependent by reason | 8 | | of a physical or mental disability" means the an inability | 9 | | to
engage in any substantial gainful activity by reason of | 10 | | any medically
determinable physical or mental impairment | 11 | | which can be expected to result
in death or which has | 12 | | lasted or can be expected to last for a continuous
period | 13 | | of not less than 12 months , but does not require that the | 14 | | eligible child be claimed as a dependent on the member's | 15 | | or annuitant's final federal income tax return .
| 16 | | The changes made to this Section
by Public Act 90-448, | 17 | | relating to benefits
for certain
unmarried children who | 18 | | are full-time students under age 22, apply without
regard | 19 | | to whether the deceased member was in service on or after | 20 | | the effective
date of that Act. These changes do not
| 21 | | authorize the
repayment of a refund or a re-election of | 22 | | benefits, and any benefit or increase
in benefits | 23 | | resulting from these changes is not payable retroactively | 24 | | for any
period before the effective date of that Act.
| 25 | | (5) "Dependent parent": a parent who was receiving at | 26 | | least 1/2 of his
or her support from a member or annuitant |
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| 1 | | for the 12-month period
immediately preceding and on the | 2 | | date of such member's or annuitant's
death, provided | 3 | | however, that such dependent status terminates upon a
| 4 | | member's acceptance of a refund for survivor benefit | 5 | | contributions as
provided under Section 16-142.
| 6 | | (6) "Non-dependent beneficiary": any person, | 7 | | organization or other entity
designated by the member who | 8 | | does not qualify as a dependent beneficiary.
| 9 | | (7) "In service": the condition of a member being in | 10 | | receipt of
salary as a teacher at any time within 12 months | 11 | | immediately before his
or her death, being on leave of | 12 | | absence for which the member, upon return
to teaching, | 13 | | would be eligible to purchase service credit under | 14 | | subsection
(b)(5) of Section 16-127, or being in receipt | 15 | | of a disability or
occupational disability benefit. This | 16 | | term does not include any annuitant
or member who | 17 | | previously accepted a refund of survivor benefit
| 18 | | contributions under paragraph (1) of Section 16-142 unless | 19 | | the conditions
specified in subsection (b) of Section | 20 | | 16-143.2 are met.
| 21 | | (b) The change to this Section made by Public Act 90-511 | 22 | | applies without
regard to whether the deceased member or | 23 | | annuitant was in service on or after
the effective date of that | 24 | | Act.
| 25 | | The change to this Section made by this amendatory Act of | 26 | | the 91st General
Assembly applies without regard to whether |
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| 1 | | the deceased member or annuitant was
in service on or after the | 2 | | effective date of this amendatory Act.
| 3 | | (Source: P.A. 95-870, eff. 8-21-08.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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