Illinois General Assembly - Full Text of HB1334
Illinois General Assembly

Previous General Assemblies

Full Text of HB1334  99th General Assembly

HB1334eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB1334 EngrossedLRB099 06219 RPS 26284 b

1    AN ACT concerning public employee benefits, which may also
2be referred to as the Retirement Means Retirement Act.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 5. The Illinois Pension Code is amended by changing
6Sections 3-124.1, 4-117, 5-159, and 6-156 as follows:
 
7    (40 ILCS 5/3-124.1)  (from Ch. 108 1/2, par. 3-124.1)
8    Sec. 3-124.1. Re-entry into active service.
9    (a) If a police officer who is receiving pension payments
10other than as provided in Section 3-109.3 re-enters active
11service, pension payment shall be suspended while he or she is
12in service. When he or she again retires, pension payments
13shall be resumed. If the police officer remains in service
14after re-entry for a period of less than 5 years, the pension
15shall be the same as upon first retirement. If the officer's
16service after re-entry is at least 5 years and the officer
17makes the required contributions during the period of re-entry,
18his or her pension shall be recomputed by taking into account
19the additional period of service and salary.
20    (b) If a person who first entered service under this
21Article after January 1, 2017 is receiving pension payments
22(other than as provided in Section 3-109.3) and becomes a
23member or participant under any other system or fund created by

 

 

HB1334 Engrossed- 2 -LRB099 06219 RPS 26284 b

1this Code and is employed on a full-time basis, he or she shall
2immediately notify the pension fund that is making those
3pension payments of his or her participation or membership
4under a system or fund created by this Code and the pension
5payments shall be suspended while the person is employed
6full-time. The suspension shall end upon termination of that
7full-time employment.
8(Source: P.A. 91-939, eff. 2-1-01.)
 
9    (40 ILCS 5/4-117)  (from Ch. 108 1/2, par. 4-117)
10    Sec. 4-117. Reentry into active service.
11    (a) If a firefighter receiving pension payments reenters
12active service, pension payments shall be suspended while he or
13she is in service. If the firefighter again retires or is
14discharged, his or her monthly pension shall be resumed in the
15same amount as was paid upon first retirement or discharge
16unless he or she remained in active service 3 or more years
17after re-entry in which case the monthly pension shall be based
18on the salary attached to the firefighter's rank at the date of
19last retirement.
20    (b) If a deferred pensioner re-enters active service, and
21again retires or is discharged from the fire service, his or
22her pension shall be based on the salary attached to the rank
23held in the fire service at the date of earlier retirement,
24unless the firefighter remains in active service for 3 or more
25years after re-entry, in which case the monthly pension shall

 

 

HB1334 Engrossed- 3 -LRB099 06219 RPS 26284 b

1be based on the salary attached to the firefighter's rank at
2the date of last retirement.
3    (c) If a pensioner or deferred pensioner re-enters or is
4recalled to active service and is thereafter injured, and the
5injury is not related to an injury for which he or she was
6previously receiving a disability pension, the 3 year service
7requirement shall not apply in order for the firefighter to
8qualify for the increased pension based on the rate of pay at
9the time of the new injury.
10    (d) If a person who first entered service under this
11Article after January 1, 2017 is receiving pension payments and
12becomes a member or participant under any other system or fund
13created by this Code and is employed on a full-time basis, he
14or she shall immediately notify the pension fund that is making
15those pension payments and the pension payments shall be
16suspended while that person is employed full-time. The
17suspension shall end upon termination of that full-time
18employment.
19(Source: P.A. 83-1440.)
 
20    (40 ILCS 5/5-159)  (from Ch. 108 1/2, par. 5-159)
21    Sec. 5-159. Re-entry of pensioner or annuitant into
22service.
23    (a) When a policeman who has withdrawn after the effective
24date re-enters service, any annuity previously granted to him
25and any annuity fixed for his wife shall be cancelled. The

 

 

HB1334 Engrossed- 4 -LRB099 06219 RPS 26284 b

1policeman shall be credited for annuity purposes with sums
2sufficient to provide annuities equal to those cancelled for
3him and his wife, as of their respective ages on the date of
4re-entrance into service.
5    Deductions from salary and contributions by the city for
6all purposes of this Article shall be made, and upon subsequent
7retirement new annuities based upon the amount then to his
8credit for annuity purposes and the entire term of his service
9shall be fixed for the policeman and his wife.
10    If such policeman's wife, for whom annuity has been fixed
11prior to his re-entrance into service, has died or her marriage
12to such policeman has been dissolved or declared invalid before
13he re-entered service, no part, of any sum or sums to the
14credit of such policeman for widow's annuity or for widow's
15prior service annuity at the time annuity for such wife was
16fixed shall be credited to such policeman at the time of
17re-entry. No part of any such sum or sums shall be used to
18provide annuity for any wife of such policeman who is his wife
19at any time after his re-entry into service unless she was his
20wife at the time of his withdrawal.
21    However, the payment of the pension or annuity shall
22continue if re-entry into service is for the purpose of serving
23on a part time basis as a street crossing guard.
24    (b) If a person who first entered service under this
25Article after January 1, 2017 is receiving pension or annuity
26payments and becomes a member or participant under any other

 

 

HB1334 Engrossed- 5 -LRB099 06219 RPS 26284 b

1system or fund created by this Code and is employed on a
2full-time basis, he or she shall immediately notify the Fund
3and the pension or annuity payments shall be suspended while
4that person is employed full-time. The suspension shall end
5upon termination of that full-time employment.
6(Source: P.A. 86-272.)
 
7    (40 ILCS 5/6-156)  (from Ch. 108 1/2, par. 6-156)
8    Sec. 6-156. Re-entry of pensioner or annuitant into
9service.
10    (a) When a fireman who has withdrawn after the effective
11date re-enters the service before age 63, any annuity
12previously granted to him and any annuity fixed for his wife
13shall be cancelled. The fireman shall be credited with the
14actuarial value of the annuities cancelled for him and his wife
15as of their respective ages on the date of his re-entry into
16service; provided, that for present employees and future
17entrants who entered service prior to July 1, 1953, the maximum
18age of a wife for this purpose shall not be more than 5 years
19less than his age, and for future entrants who entered service
20after June 30, 1953, the age, for annuity purposes, of a wife
21who is older than her husband shall be assumed to be equal to
22his age. Such sums shall be credited to the fireman to provide
23for annuities in the future.
24    Deductions from salary and contributions by the city for
25all purposes of this Article shall be made as provided herein,

 

 

HB1334 Engrossed- 6 -LRB099 06219 RPS 26284 b

1and upon subsequent retirement, new annuities based upon the
2amount then to his credit for annuity purposes and the entire
3term of his service shall be fixed for him and his wife.
4    If such fireman's wife, for whom annuity has been fixed
5prior to his re-entrance into service, has died, or the
6marriage was dissolved before he re-entered service, no part of
7any sum or sums to the credit of such fireman for widow's prior
8service annuity at the time annuity for such wife was fixed
9shall be credited to such fireman at the time of re-entry. No
10part of any such sum or sums shall be used to provide annuity
11for any wife of such fireman who is his wife at any time after
12his re-entry into service.
13    (b) If a fireman re-enters service after age 63, payments
14of pension or annuity previously granted shall be suspended.
15When he again withdraws, payments upon such pension or annuity
16shall be resumed. If the fireman dies in service, his widow
17shall receive the annuity previously fixed for her.
18    (c) If a person who first entered service under this
19Article after January 1, 2017 is receiving pension or annuity
20payments and becomes a member or participant under any other
21system or fund created by this Code and is employed on a
22full-time basis, he or she shall immediately notify the Fund
23and the pension or annuity payments shall be suspended while
24that person is employed full-time. The suspension shall end
25upon termination of that full-time employment.
26(Source: P.A. 81-1536.)
 

 

 

HB1334 Engrossed- 7 -LRB099 06219 RPS 26284 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.