Illinois General Assembly - Full Text of SB2957
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Full Text of SB2957  102nd General Assembly

SB2957 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2957

 

Introduced 12/15/2021, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Chicago Laborer Article of the Illinois Pension Code. For Tier 1 participants: provides that if the minimum annuity applies and is greater than the annuity provided under the annuity after withdrawal while disabled provisions, then the minimum annuity shall apply; provides that the annuity for withdrawal while disabled shall be subject to automatic annual increases; provides that if the minimum widow's annuity applies and is greater than the spouse's annuity under the annuity after withdrawal while disabled provisions, then the minimum widow's annuity shall apply; and provides that any widow's annuity shall not be subject to any automatic annual increases. For Tier 2 participants: provides that an employee whose disability continues after the employee has received ordinary disability benefits for the maximum period of time and who withdraws before becoming eligible for a retirement annuity while still so disabled is entitled to receive an annuity in such amount as can be provided from the total sum accumulated to the employee's credit from employee and employer contributions, to be computed as of the employee's age on the date of withdrawal; provides that the annuity shall not be subject to any automatic annual increases and that the minimum annuity shall not apply; provides that the annuity to which the employee's spouse shall be entitled upon the employee's death shall be fixed on the date of the employee's withdrawal and shall be provided on a reversionary annuity basis; and provides that the annuity shall not be subject to any automatic annual increases and that the minimum widow's annuity shall not apply. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB102 19595 RPS 28363 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB2957LRB102 19595 RPS 28363 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
5changing Section 11-159 and by adding Section 11-159.1 as
6follows:
 
7    (40 ILCS 5/11-159)  (from Ch. 108 1/2, par. 11-159)
8    Sec. 11-159. Annuity after withdrawal while disabled for
9employees who first became participants prior to January 1,
102011.
11    (a) This Section applies to employees who first became
12participants prior to January 1, 2011.
13    (b) An employee whose disability continues after the
14employee he has received ordinary disability benefits benefit
15for the maximum period of time prescribed by this Article, and
16who withdraws before age 60 while still so disabled, is
17entitled to receive an annuity in of such amount as can be
18provided from the total sum accumulated to the employee's his
19credit from employee contributions and employer city
20contributions, to be computed as of the employee's his age on
21the date of withdrawal. If the minimum annuity under Section
2211-134 applies and is greater than the annuity under this
23subsection (b), then the Section 11-134 annuity shall apply.

 

 

SB2957- 2 -LRB102 19595 RPS 28363 b

1Any annuity under this subsection (b) shall be subject to
2automatic annual increases under Section 11-134.1.
3    (c) The annuity to which the employee's spouse his wife
4shall be entitled upon the employee's his death, shall be
5fixed on the date of the employee's his withdrawal. It shall be
6provided on a reversionary annuity basis from the total sum
7accumulated to the employee's his credit for widow's annuity
8on the date of such withdrawal. If the minimum annuity under
9Section 11-145.1 applies and is greater than the annuity under
10this subsection (c), then the Section 11-145.1 annuity shall
11apply. Any widow's annuity shall not be subject to any
12automatic annual increases.
13    (d) Upon the death of any such employee while on annuity,
14if the employee's his service was at least 4 years after the
15date of the employee's his original entry, and at least 2 years
16after the date of the employee's his latest re-entry, the
17employee's his unmarried child or children under age 18 shall
18be entitled to an annuity as specified in this Article for
19children of an employee who retires after age 55, subject to
20prescribed limitations on total payments to a family of an
21employee.
22(Source: P.A. 81-1536.)
 
23    (40 ILCS 5/11-159.1 new)
24    Sec. 11-159.1. Annuity after withdrawal while disabled for
25employees who first became participants on or after January 1,

 

 

SB2957- 3 -LRB102 19595 RPS 28363 b

12011.
2    (a) This Section applies to employees who first became
3participants on or after January 1, 2011.
4    (b) An employee whose disability continues after the
5employee has received ordinary disability benefits for the
6maximum period of time prescribed by this Article and who
7withdraws before becoming eligible for a retirement annuity
8under subsection (c), (c-5), (d), or (d-5) of Section 1-160
9while still so disabled is entitled to receive an annuity in
10such amount as can be provided from the total sum accumulated
11to the employee's credit from employee contributions and
12employer contributions, to be computed as of the employee's
13age on the date of withdrawal. The minimum annuity under
14Section 11-134 shall not apply, and any annuity under this
15subsection (b) shall not be subject to any automatic annual
16increases.
17    (c) The annuity to which the employee's spouse shall be
18entitled upon the employee's death shall be fixed on the date
19of the employee's withdrawal. It shall be provided on a
20reversionary annuity basis from the total sum accumulated to
21the employee's credit for widow's annuity on the date of such
22withdrawal. The minimum annuity under Section 11-145.1 shall
23not apply and any widow's annuity under this subsection (c)
24shall not be subject to any automatic annual increases.
25    (d) Upon the death of any such employee while on annuity,
26if the employee's service was at least 4 years after the date

 

 

SB2957- 4 -LRB102 19595 RPS 28363 b

1of the employee's original entry, and at least 2 years after
2the date of the employee's latest re-entry, the employee's
3unmarried children under age 18 shall be entitled to an
4annuity as specified in this Article for children of an
5employee who retires after age 55, subject to prescribed
6limitations on total payments to a family of an employee.
 
7    Section 90. The State Mandates Act is amended by adding
8Section 8.45 as follows:
 
9    (30 ILCS 805/8.45 new)
10    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
118 of this Act, no reimbursement by the State is required for
12the implementation of any mandate created by this amendatory
13Act of the 102nd General Assembly.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.

 

 

SB2957- 5 -LRB102 19595 RPS 28363 b

1 INDEX
2 Statutes amended in order of appearance
3    40 ILCS 5/11-159from Ch. 108 1/2, par. 11-159
4    40 ILCS 5/11-159.1 new
5    30 ILCS 805/8.45 new