Full Text of HB4575 93rd General Assembly
HB4575ham001 93RD GENERAL ASSEMBLY
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Personnel and Pensions Committee
Filed: 03/04/04
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LRB093 20772 LRD 47691 a |
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| AMENDMENT TO HOUSE BILL 4575
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| AMENDMENT NO. ______. Amend House Bill 4575 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Pension Code is amended by | 5 |
| changing Sections
13-301, 13-302, 13-305, 13-306, 13-308, | 6 |
| 13-309, 13-310, 13-311, 13-314, 13-402, 13-403, 13-502, | 7 |
| 13-601, and 13-603 and adding Section 13-309.1 as follows:
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| (40 ILCS 5/13-301) (from Ch. 108 1/2, par. 13-301)
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| Sec. 13-301. Retirement annuity; eligibility. Any employee | 10 |
| who
withdraws from service and meets the age and service | 11 |
| requirements and other
conditions set forth in subsections (a), | 12 |
| (b), (c) or (d) hereof is entitled
to receive a retirement | 13 |
| annuity.
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| (a) Withdrawal on or after age 60. Any employee, upon | 15 |
| withdrawal from
service on or after attainment of age 60 and | 16 |
| having at least 5 years of
service, is entitled to a retirement | 17 |
| annuity.
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| (b) Withdrawal on or after attainment of minimum retirement
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| qualifications and prior to
age 60.
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| (1) Any employee, upon withdrawal from service on or
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| after attainment of age 55 (age 50 if the employee first | 22 |
| entered service
before June 13, 1997)
but prior to age 60 | 23 |
| and having at least 10 years of service, is entitled to a
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| retirement annuity as of the date of withdrawal or, at the |
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| option of the
employee, at any time thereafter.
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| (2) Any employee who withdraws on or after
attainment | 3 |
| of age 55 (age 50 if the employee first entered service
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| before June 13, 1997)
and prior to age 60 having at least 5 | 5 |
| years but less than 10 years of service
is entitled to a | 6 |
| retirement annuity upon attainment of age 62, subject to | 7 |
| the
other requirements of this Article.
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| (3) Any employee who withdraws from service on or after
| 9 |
| attainment
of age 50 but prior to age 60 and is eligible | 10 |
| for early retirement without
discount
under the Rule of 80 | 11 |
| as provided in subsection (c) of Section 13-302 is
entitled
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| to a
retirement annuity at the time of withdrawal.
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| (c) Withdrawal prior to minimum retirement age. Any | 14 |
| employee,
upon withdrawal from service prior to age 55 (age 50 | 15 |
| if the employee
first entered service before June 13,
1997) and | 16 |
| having at least 10 years of service, shall become entitled to a
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| retirement annuity upon attainment of age 55 (age 50 if the | 18 |
| employee
first entered service before June 13,
1997) or, at the | 19 |
| option of the employee, at any time thereafter, subject to
the | 20 |
| other requirements of this Article.
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| (d) Withdrawal while disabled. Any employee having at least | 22 |
| 5 years of
service who has received ordinary disability | 23 |
| benefits on or after January
1, 1986 for the maximum period of | 24 |
| time hereinafter prescribed, and who
continues to be disabled | 25 |
| and withdraws from service, shall be entitled to a
retirement | 26 |
| annuity. In the case of an employee who enters service after
| 27 |
| the effective date of this amendatory Act of the 93rd General | 28 |
| Assembly, the
required 5 years of service is exclusive of | 29 |
| service credit described in
Section 13-313. The age and service | 30 |
| conditions as to eligibility for
such annuity shall be waived | 31 |
| as to the employee, but the early retirement
discount under | 32 |
| Section 13-302(b) shall apply. If the employee is under age
55 | 33 |
| on the date of withdrawal, the retirement annuity shall be | 34 |
| computed by
assuming that the employee is then age 55 and then |
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| reduced to its actuarial
equivalent at his attained age on that | 2 |
| date according to applicable
mortality tables and interest | 3 |
| rates. The retirement annuity shall not be
payable for any | 4 |
| period prior to the employee's attainment of age 55 during
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| which the employee is able to return to gainful employment.
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| Upon the employee's death while in
receipt of a retirement | 7 |
| annuity, a surviving spouse or minor children shall
be entitled | 8 |
| to receive a surviving spouse's annuity or child's annuity
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| subject to the conditions hereinafter prescribed in Sections | 10 |
| 13-305 through
13-308.
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| (Source: P.A. 92-599, eff. 6-28-02.)
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| (40 ILCS 5/13-302) (from Ch. 108 1/2, par. 13-302)
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| Sec. 13-302. Computation of retirement annuity.
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| (a) Computation of annuity. An employee who withdraws from | 15 |
| service on
or after July 1, 1989 and who has met the age and | 16 |
| service requirements and
other conditions for eligibility set | 17 |
| forth in Section 13-301 of this
Article is entitled to receive | 18 |
| a retirement annuity for life equal to 2.2%
of average final | 19 |
| salary for each of the first 20 years of service, and 2.4%
of | 20 |
| average final salary for each year of service in excess of 20. | 21 |
| The
retirement annuity shall not exceed 80% of average final | 22 |
| salary.
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| (b) Early retirement discount. If an employee retires prior | 24 |
| to
attainment of age 60 with less than 30 years of service, the | 25 |
| annuity
computed above shall be reduced by 1/2 of 1% for each | 26 |
| full month between
the date the annuity begins and attainment | 27 |
| of age 60, or each full month by
which the employee's service | 28 |
| is less than 30 years, whichever is less.
However, where the | 29 |
| employee first enters service after June 13, 1997 and does not | 30 |
| have at least 10
years of service exclusive of credit under | 31 |
| Article 20, the annuity computed
above shall be reduced by 1/2 | 32 |
| of 1% for each full month between the date the
annuity begins | 33 |
| and attainment of age 60.
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| (c) Rule of 80 - Early retirement without discount. For an | 2 |
| employee
who
retires on or after January 1, 2003 but on or | 3 |
| before December 31, 2007, if the
employee is eligible for a | 4 |
| retirement annuity under Section 13-301 and has at
least
10 | 5 |
| years of service exclusive of credit under Article 20 and if at | 6 |
| the date of
withdrawal the employee's age when added to the | 7 |
| number of years of his or her
creditable
service equals at | 8 |
| least 80, the early retirement discount in subsection (b) of
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| this
Section does not apply. For purposes of this Rule of 80, | 10 |
| portions of years
shall be
considered in whole months.
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| An employee who has terminated employment with the employer | 12 |
| under this
Article prior to the effective date of this | 13 |
| amendatory Act of the 92nd General
Assembly and subsequently | 14 |
| re-enters service must remain in service with the
employer | 15 |
| under this Article for at least 2 years after re-entry during | 16 |
| the
period
beginning on January 1, 2003 and ending on December | 17 |
| 31, 2007 to be entitled to
early retirement without discount | 18 |
| under this subsection (c).
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| In the case of an employee who retires under the terms of | 20 |
| Article 20,
eligibility
for early retirement without discount | 21 |
| under this subsection (c) shall be based
upon
the employee's | 22 |
| age and service credit at the time of withdrawal from the final
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| fund.
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| (c-1) Early retirement without discount; retirement after | 25 |
| June 29,
1997 and before January 1, 2003. An employee
who (i) | 26 |
| has attained age 55 (age 50 if the employee
first entered | 27 |
| service before June 13, 1997), (ii) has at least 10 years of
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| service exclusive
of credit under Article 20, (iii) retires | 29 |
| after June 29, 1997 and before
January 1, 2003, and (iv) | 30 |
| retires within 6 months of the last day for which
retirement | 31 |
| contributions were required, may elect at the time of | 32 |
| application to
make a one-time employee
contribution to the | 33 |
| Fund and thereby avoid the early retirement reduction
specified | 34 |
| in subsection (b). The exercise of the election shall also |
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| obligate
the employer to make a one-time nonrefundable | 2 |
| contribution to the Fund.
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| The one-time employee and employer contributions shall be a | 4 |
| percentage
of the retiring employee's highest full-time annual | 5 |
| salary, calculated as the
total amount of salary included in | 6 |
| the highest 26 consecutive pay periods as
used in the average | 7 |
| final salary calculation, and based on the employee's age
and | 8 |
| service at retirement. The employee rate shall be 7% multiplied | 9 |
| by the
lesser of the following 2 numbers: (1) the number of | 10 |
| years, or portion thereof,
that the employee is less than age | 11 |
| 60; or (2) the number of years, or portion
thereof, that the | 12 |
| employee's service is less than 30 years. The employer
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| contribution shall be at the rate of 20% for each year, or | 14 |
| portion thereof,
that the participant is less than age 60.
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| Upon receipt of the application, the Board shall determine | 16 |
| the corresponding
employee and employer contributions. The | 17 |
| annuity shall not be payable
under this subsection until both | 18 |
| the required contributions have been received
by the Fund. | 19 |
| However, the date the contributions are received shall
not be | 20 |
| considered in determining the effective date of retirement.
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| The number of employees who may retire under this Section | 22 |
| in any year may
be limited at the option of the District to a | 23 |
| specified percentage of those
eligible, not lower than 30%, | 24 |
| with the right to participate to be allocated
among those | 25 |
| applying on the basis of seniority in the service of the | 26 |
| employer.
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| An employee who has terminated employment and subsequently | 28 |
| re-enters
service shall not be entitled to early retirement | 29 |
| without discount under
this subsection unless the employee | 30 |
| continues in service for at least 4
years after re-entry.
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| (d) Annual increase. Except for employees retiring and | 32 |
| receiving a term
annuity, an employee who retires on or after | 33 |
| July 1, 1985 but before July 12,
2001, shall,
upon the first | 34 |
| payment date following the first anniversary of the date of
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| retirement, have the monthly annuity increased by 3% of the | 2 |
| amount of the
monthly annuity fixed at the date of retirement.
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| Except for employees retiring and receiving a term annuity, an | 4 |
| employee who
retires on or after July 12, 2001 shall, on the | 5 |
| first day of the month in which the first
anniversary of the | 6 |
| date of retirement occurs, have the monthly annuity
increased | 7 |
| by 3% of the amount of the monthly annuity fixed at the date of
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| retirement.
The monthly annuity shall be increased by an | 9 |
| additional 3% on the same date
each year thereafter. Beginning | 10 |
| January 1, 1993, all annual increases payable
under this | 11 |
| subsection (or any predecessor provision, regardless of the | 12 |
| date
of retirement) shall be calculated at the rate of 3% of | 13 |
| the monthly annuity
payable at the time of the increase, | 14 |
| including any increases previously granted
under this Article.
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| Any employee who (i) retired before July 1, 1985 with at | 16 |
| least 10 years of
creditable service, (ii) is receiving a | 17 |
| retirement annuity under this Article,
other than a term | 18 |
| annuity, and (iii) has not received any annual increase under
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| this subsection, shall begin receiving the annual increases | 20 |
| provided under this
subsection (d) beginning on the next | 21 |
| annuity payment date following June
13, 1997.
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| (e) Minimum retirement annuity. Beginning January 1, 1993, | 23 |
| the
minimum monthly retirement annuity shall be $500 for any | 24 |
| annuitant having
at least 10 years of service under this | 25 |
| Article, other than a term
annuitant or an annuitant who began | 26 |
| receiving the annuity before attaining
age 60. Any such | 27 |
| annuitant who is receiving a monthly annuity of less than
$500 | 28 |
| shall have the annuity increased to $500 on that date.
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| Beginning January 1, 1993, the minimum monthly retirement | 30 |
| annuity shall
be $250 for any annuitant (other than a term or | 31 |
| reciprocal annuitant or an
annuitant under subsection (d) of | 32 |
| Section 13-301) having less than 10 years
of service under this | 33 |
| Article, and for any annuitant (other than a term
annuitant) | 34 |
| having at least 10 years of service under this Article who |
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| began
receiving the annuity before attaining age 60. Any such | 2 |
| annuitant who is
receiving a monthly annuity of less than $250 | 3 |
| shall have the annuity
increased to $250 on that date.
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| Beginning August 1, 2001
on the first day of the month | 5 |
| following the
month in which this amendatory Act of the 92nd | 6 |
| General Assembly takes effect
(and without regard to whether | 7 |
| the annuitant was in service on or after that
effective date), | 8 |
| the
minimum monthly retirement annuity for any annuitant having | 9 |
| at least 10 years
of service, other than an annuitant whose | 10 |
| annuity is subject to an early
retirement discount, shall be | 11 |
| $500 plus $25 for each year of service in excess
of 10, not to | 12 |
| exceed $750 for an annuitant with 20 or more years of service.
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| In the case of a reciprocal annuity, this minimum shall apply | 14 |
| only if the
annuitant has at least 10 years of service under | 15 |
| this Article, and the amount
of the minimum annuity shall be | 16 |
| reduced by the sum of all the reciprocal
annuities payable to | 17 |
| the annuitant by other participating systems under Article
20 | 18 |
| of this Code.
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| Notwithstanding any other provision of this subsection, | 20 |
| beginning on the
first annuity payment date following July 12, | 21 |
| 2001, an employee who retired
before August 23, 1989
with at | 22 |
| least 10 years of service under this Article but before | 23 |
| attaining age
60 (regardless of whether the retirement annuity | 24 |
| was subject to an early
retirement discount) shall be entitled | 25 |
| to the same minimum monthly retirement
annuity under this | 26 |
| subsection as an employee who retired with at least 10
years of | 27 |
| service under this Article and after attaining age 60.
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| Notwithstanding any other provision of this subsection, | 29 |
| beginning on the
first day of the month following the month in | 30 |
| which this amendatory Act of the
93rd General Assembly takes | 31 |
| effect (and without regard to whether the annuitant
was in | 32 |
| service on or after that effective date), an employee who | 33 |
| retired on or
after August 23, 1989 with at least 10 years of | 34 |
| service under this Article but
before attaining age 60 |
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| (regardless of whether the retirement annuity was
subject to an | 2 |
| early retirement discount), shall be entitled to the same | 3 |
| minimum
monthly retirement annuity under this subsection as an | 4 |
| employee who retired
with at least 10 years of service under | 5 |
| this Article and after attaining age
60.
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| (Source: P.A. 92-53, eff. 7-12-01; 92-599, eff. 6-28-02.)
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| (40 ILCS 5/13-305) (from Ch. 108 1/2, par. 13-305)
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| Sec. 13-305. Surviving spouse's annuity; eligibility. A | 9 |
| surviving spouse
who was married to an employee on the date of | 10 |
| the employee's death
while in service, or was married to an | 11 |
| employee on the date of withdrawal from
service and remained | 12 |
| married to that employee until the employee's
death, shall be | 13 |
| entitled to a surviving spouse's annuity payable for
life. | 14 |
| However, the annuity shall not be payable to the surviving | 15 |
| spouse of (1)
an employee who withdraws from service
before | 16 |
| attaining the minimum retirement age unless the deceased | 17 |
| employee had at least
55 with less than 10 years of service, or | 18 |
| at least
less than 5
years of service if the employee was | 19 |
| eligible for an annuity upon attainment of age 62 pursuant to | 20 |
| Section 13-301(b) or had been receiving a retirement annuity
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| pursuant to Section
13-301(d), or (2) an employee not described | 22 |
| in item (1) who first enters
service on or after the effective | 23 |
| date of this amendatory Act of 1997 and who
has been employed | 24 |
| as an employee for (i) less than 36 months from the date of
the | 25 |
| employee's original entry into service or (ii) less than 12 | 26 |
| months from the
employee's date of latest re-entry into | 27 |
| service; except as otherwise provided
in Section 13-306(a) for | 28 |
| an employee whose death arises out of or in the course
of the | 29 |
| employee's service to the employer.
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| A dissolution of marriage after retirement shall not divest | 31 |
| the
employee's spouse of the entitlement to a surviving | 32 |
| spouse's annuity upon
the subsequent death of the employee, | 33 |
| provided that the surviving spouse
and the deceased employee |
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| had been married to each other for a period of
not less than 10 | 2 |
| continuous years on the date of retirement.
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| (Source: P.A. 90-12, eff. 6-13-97.)
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| (40 ILCS 5/13-306) (from Ch. 108 1/2, par. 13-306)
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| Sec. 13-306. Computation of surviving spouse's annuity.
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| (a) Computation of the annuity. The surviving spouse's | 7 |
| annuity shall be
equal to 60% of the retirement annuity earned | 8 |
| and accrued to the
credit of the deceased employee, whether | 9 |
| death occurs while in service or
after withdrawal, plus 1% for | 10 |
| each year of total service of the employee to
a maximum of 85%; | 11 |
| provided, however, that if the employee's death arises
out of | 12 |
| and in the course of the employee's service to the employer and | 13 |
| is
compensable under either the Illinois Workers' Compensation | 14 |
| Act or Illinois
Workers' Occupational Diseases Act, the | 15 |
| surviving spouse's annuity is payable
regardless of the | 16 |
| employee's length of service and shall be
not less than 50% of | 17 |
| the employee's salary at the date of death.
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| For any death in service the early retirement discount | 19 |
| required under
Section 13-302(b) shall not be applied in | 20 |
| computing the retirement annuity
upon which is based the | 21 |
| surviving spouse's annuity.
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| For any death after withdrawal and prior to application for | 23 |
| annuity benefits, the early retirement discount required under | 24 |
| Section 13-302(b) shall be applied in computing the retirement | 25 |
| annuity upon which the surviving spouse's annuity is based. The | 26 |
| maximum age discount applied to the employee's retirement | 27 |
| annuity shall not exceed 60%.
| 28 |
| Further, the annuity for a surviving spouse of a withdrawn | 29 |
| employee who was eligible for an annuity upon attainment of age | 30 |
| 62 pursuant to Section 13-301(b) but who died prior to age 60 | 31 |
| shall be based upon an employee annuity that has been reduced | 32 |
| by 1/2% for each full month between the date the surviving | 33 |
| spouse's annuity begins and attainment of age 60.
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| (b) Reciprocal service. For any employee or annuitant who | 2 |
| retires on or
after July 1, 1985 and whose death occurs after | 3 |
| January 1, 1991, having
at least 15 years of service with the | 4 |
| employer under this Article, and
who was eligible at the time | 5 |
| of death or elected at the time of retirement
to have his or | 6 |
| her retirement annuity calculated as provided in Section 20-131
| 7 |
| of this Code, the surviving spouse benefit shall be calculated | 8 |
| as of the
date of the employee's death as indicated in | 9 |
| subsection
(a) as a percentage of the employee's total benefit | 10 |
| as if all service had
been with the employer. That benefit | 11 |
| shall then be reduced by
the amounts payable by each of the | 12 |
| reciprocal funds as of the date of death
so that the total | 13 |
| surviving spouse benefit at that date will be equal to
the | 14 |
| benefit which would have been payable had all service been with | 15 |
| the
employer under this Article.
| 16 |
| (c) Discount for age differential. The annuity for a | 17 |
| surviving spouse
shall be discounted by 0.25% for each full | 18 |
| month that the spouse is younger
than the employee as of the | 19 |
| date of withdrawal from service or death in service
to a | 20 |
| maximum discount of 60% of the surviving spouse annuity as | 21 |
| calculated
under subsections (a), (b), and (e) of this Section. | 22 |
| The discount shall be
reduced by 10% for each full
year the | 23 |
| marriage has been in continuous effect as of the date of
| 24 |
| withdrawal or death in service. There shall be no discount if | 25 |
| the marriage has
been in continuous effect for 10 full years or | 26 |
| more at the
time of withdrawal or death in service.
| 27 |
| (d) Annual increase. Effective August 23, 1989, on the | 28 |
| first day of
each calendar month in which
there occurs an | 29 |
| anniversary of the employee's date of retirement or date of
| 30 |
| death, whichever occurred first, the surviving spouse's | 31 |
| annuity, other than a
term annuity under Section 13-307, shall | 32 |
| be increased by an amount equal to 3%
of the amount of the | 33 |
| annuity. Beginning January 1, 1993, all annual increases
| 34 |
| payable under this subsection (or any predecessor provision of |
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| this
Article) shall be calculated at the rate of 3% of the | 2 |
| monthly annuity payable
at the time of the increase, including | 3 |
| any increases previously granted under
this Article.
| 4 |
| Beginning January 1, 1993, surviving spouse annuitants | 5 |
| whose deceased
spouse died, retired or withdrew from service | 6 |
| before August 23, 1989 with
at least 10 years of service under | 7 |
| this Article shall be eligible for the
annual increases | 8 |
| provided under this subsection.
| 9 |
| (e) Minimum surviving spouse's annuity.
| 10 |
| (1) Beginning January 1, 1993, the
minimum monthly | 11 |
| surviving spouse's annuity shall be $500 for any annuitant
| 12 |
| whose deceased spouse had at least 10 years of service | 13 |
| under this Article,
other than a surviving spouse who is a | 14 |
| term annuitant or whose deceased
spouse began receiving a | 15 |
| retirement annuity under this Article before
attainment of | 16 |
| age 60. Any such surviving spouse annuitant who is | 17 |
| receiving
a monthly annuity of less than $500 shall have | 18 |
| the annuity increased to $500 on
that date.
| 19 |
| Beginning January 1, 1993, the minimum monthly | 20 |
| surviving spouse's annuity
shall be $250 for any annuitant | 21 |
| (other than a term or reciprocal annuitant
or an annuitant | 22 |
| survivor under subsection (d) of Section 13-301) whose
| 23 |
| deceased spouse had less than 10 years of service under | 24 |
| this Article, and
for any annuitant (other than a term | 25 |
| annuitant) whose deceased spouse had
at least 10 years of | 26 |
| service under this Article and began receiving a
retirement | 27 |
| annuity under this Article before attainment of age 60. Any
| 28 |
| such surviving spouse annuitant who is receiving a monthly | 29 |
| annuity of less
than $250 shall have the annuity increased | 30 |
| to $250 on that date.
| 31 |
| (2) Beginning August 1, 2001
on the first day of the | 32 |
| month following
the month in which
this amendatory Act of | 33 |
| the 92nd General Assembly takes effect (and without
regard | 34 |
| to whether the
deceased spouse was in service on or after |
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| that effective date), the
minimum
monthly surviving | 2 |
| spouse's annuity for any annuitant whose deceased spouse | 3 |
| had
at least 10 years of service shall be the greater of | 4 |
| the following:
| 5 |
| (A) An amount equal to $500, plus $25 for each year | 6 |
| of the deceased
spouse's service in excess of 10, not | 7 |
| to exceed $750 for an annuitant whose
deceased spouse | 8 |
| had 20 or more years of service. This subdivision (A) | 9 |
| is not
applicable if the deceased spouse received a | 10 |
| retirement annuity that was
subject to an early | 11 |
| retirement discount.
| 12 |
| (B) An amount equal to (i) 50% of the retirement | 13 |
| annuity earned and
accrued to the credit of the | 14 |
| deceased spouse at the time of death, plus (ii)
the | 15 |
| amount of any annual increases applicable to the | 16 |
| surviving spouse's
annuity (including the amount of | 17 |
| any reversionary annuity) under
subsection (d) before | 18 |
| July 12, 2001
the effective date of this amendatory
Act | 19 |
| of the 92nd
General Assembly .
In any case in which a | 20 |
| refund of excess contributions for the surviving
| 21 |
| spouse annuity has been paid by the Fund and the | 22 |
| surviving spouse annuity is
increased due to the | 23 |
| application of this subdivision (B), the amount of that
| 24 |
| refund shall be recovered by the Fund as an offset | 25 |
| against the amount of the
increase in annuity arising | 26 |
| from the application of this subdivision (B).
| 27 |
| In the case of a reciprocal annuity, the minimum | 28 |
| annuity calculated under
this subdivision (e)(2) shall | 29 |
| apply only if the deceased spouse of the
annuitant had | 30 |
| at least 10 years of service under this Article, and | 31 |
| the amount
of the minimum annuity shall be reduced by | 32 |
| the sum of all the reciprocal
annuities payable to the | 33 |
| annuitant by other participating systems under Article
| 34 |
| 20 of this Code.
|
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
|
| 1 |
| The minimum annuity calculated under this | 2 |
| subdivision (e)(2) is in
addition
to the amount of any | 3 |
| reversionary annuity that may be payable.
| 4 |
| (3) Beginning August 1, 2001
on the first day of the | 5 |
| month following
the month in which
this amendatory Act of | 6 |
| the 92nd General Assembly takes effect (and without
regard | 7 |
| to whether the deceased spouse was in service on or after | 8 |
| that
effective
date), any surviving spouse who is receiving | 9 |
| a term annuity under Section
13-307 or any predecessor | 10 |
| provision of this Article may have that term annuity
| 11 |
| recalculated and converted to a minimum surviving spouse | 12 |
| annuity under this
subsection (e).
| 13 |
| (4) Notwithstanding any other provision of this | 14 |
| subsection, beginning
August 1, 2001
on
the first annuity | 15 |
| payment date following the effective date of this | 16 |
| amendatory
Act of the 92nd General Assembly , an annuitant | 17 |
| whose deceased spouse retired
before August 23, 1989 with | 18 |
| at least 10 years of service under this Article but
before | 19 |
| attaining age 60 (regardless of whether the retirement | 20 |
| annuity was
subject to an early retirement discount) shall | 21 |
| be entitled to the same minimum
monthly surviving spouse's | 22 |
| annuity under this subsection as an annuitant whose
| 23 |
| deceased spouse retired with at least 10 years of service | 24 |
| under this Article
and after attaining age 60. Further | 25 |
| notwithstanding any other provision of
this subsection, | 26 |
| beginning on the first day of the month following the month
| 27 |
| in which this amendatory Act of the 93rd General Assembly | 28 |
| takes effect, an
annuitant whose deceased spouse retired on | 29 |
| or after August 23, 1989 with at
least 10 years of service | 30 |
| under this Article but before attaining age 60
(regardless | 31 |
| of whether the retirement annuity was subject to an early
| 32 |
| retirement discount) shall be entitled to the same minimum | 33 |
| monthly surviving
spouse's annuity under this subsection | 34 |
| as an annuitant whose deceased spouse
retired with at least |
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
|
| 1 |
| 10 years of service under this Article and after
attaining | 2 |
| age 60.
| 3 |
| (5) The minimum annuity provided under this subsection | 4 |
| (e) shall be
subject to the age discount provided under | 5 |
| subsection (c) of this Section.
| 6 |
| (Source: P.A. 92-53, eff. 7-12-01.)
| 7 |
| (40 ILCS 5/13-308) (from Ch. 108 1/2, par. 13-308)
| 8 |
| Sec. 13-308. Child's annuity.
| 9 |
| (a) Eligibility. A child's annuity shall be provided for | 10 |
| each unmarried
child under the age of 18 years (under the age | 11 |
| of 23 years in the case of a full-time student) whose employee
| 12 |
| parent dies while in service, or whose deceased parent is an | 13 |
| annuitant or
former employee with at least 10 years of | 14 |
| creditable service who did not take a
refund of employee | 15 |
| contributions. Eligibility for benefits to unmarried children | 16 |
| over the age of 18 but under the age of 23 begins no earlier | 17 |
| than the first day of the month following the month in which | 18 |
| this amendatory Act of the 93rd General Assembly takes effect.
| 19 |
| For purposes of this Section, "employee" includes a former | 20 |
| employee, and
"child" means the issue of an employee, or a | 21 |
| child adopted by an employee if
the proceedings for adoption | 22 |
| were instituted at least one year prior to the
employee's | 23 |
| death.
| 24 |
| Payments shall cease when a child attains the age of 18 | 25 |
| years (age of 23 years in the case of a full-time student) or | 26 |
| marries,
whichever first occurs. The annuity shall not be | 27 |
| payable unless the employee
has been employed as an employee | 28 |
| for at
least 36 months from the date of the employee's original
| 29 |
| entry into service (at least 24 months in the case of an | 30 |
| employee who first
entered service before June 13,
the | 31 |
| effective date of this amendatory Act of 1997) and
at least 12 | 32 |
| months from the date of the employee's latest
re-entry into | 33 |
| service; provided, however, that if death arises out of and
in |
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
|
| 1 |
| the course of service to the employer and is compensable under | 2 |
| either the
Illinois Workers' Compensation Act or Illinois | 3 |
| Workers' Occupational
Diseases Act, the annuity is payable | 4 |
| regardless of the employee's length of
service.
| 5 |
| (b) Amount. A child's annuity shall be $500 per month for
| 6 |
| one child and $350 per month for each additional child, up to a
| 7 |
| maximum of $2,500 per month for all children of the employee, | 8 |
| as provided in
this Section, if a parent of the child is | 9 |
| living. The child's annuity
shall be $1,000 per month for one | 10 |
| child and $500 per month
for each additional child, up to a | 11 |
| maximum of $2,500 for all children of
the employee, when | 12 |
| neither parent is alive. The total amount payable to
all | 13 |
| children of the employee shall be divided equally among those | 14 |
| children.
Any child's annuity which commenced prior to July 12, | 15 |
| 2001
the effective date of this
amendatory Act of the 92nd | 16 |
| General Assembly shall be increased
upon the first day of the | 17 |
| month following the month in which that
effective date occurs, | 18 |
| to the amount set forth herein.
| 19 |
| (c) Payment. Until a child attains the age of 18 years, a
A | 20 |
| child's annuity shall be paid to the child's parent or
other | 21 |
| person who shall be providing for the child without requiring | 22 |
| formal
letters of guardianship, unless another person shall be | 23 |
| appointed by a
court of law as guardian.
| 24 |
| (Source: P.A. 92-53, eff. 7-12-01.)
| 25 |
| (40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309)
| 26 |
| Sec. 13-309. Duty disability benefit.
| 27 |
| (a) Any employee who becomes disabled, which disability is | 28 |
| the result of an
injury or illness compensable under the | 29 |
| Illinois Workers' Compensation Act or
the Illinois Workers' | 30 |
| Occupational Diseases Act, is entitled to a duty
disability | 31 |
| benefit during the period of disability for which the employee | 32 |
| does
not receive any part of salary, or any part of a | 33 |
| retirement annuity under this
Article; except that in the case |
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
|
| 1 |
| of an employee who first enters service on or
after June 13,
| 2 |
| the effective date of this amendatory Act of 1997 and becomes | 3 |
| disabled before the effective date of this amendatory Act of | 4 |
| the 93rd General Assembly , a duty disability
benefit is not | 5 |
| payable for the first 3 days of disability that would otherwise
| 6 |
| be payable under this Section if the disability does not | 7 |
| continue for at least
11 additional days. The changes made to | 8 |
| this Section by this amendatory Act of the 93rd General | 9 |
| Assembly are prospective only and do not entitle an employee to | 10 |
| a duty disability benefit for the first 3 days of any | 11 |
| disability that occurred before that effective date and did not | 12 |
| continue for at least 11 days. This benefit shall be 75% of | 13 |
| salary at the date disability
begins. However, if the | 14 |
| disability in any measure resulted from any physical
defect or | 15 |
| disease which existed at the time such injury was sustained or | 16 |
| such
illness commenced, the duty disability benefit shall be | 17 |
| 50% of salary.
| 18 |
| Unless the employer acknowledges that the disability is a | 19 |
| result of
injury or illness compensable under the Workers' | 20 |
| Compensation Act or the
Workers' Occupational Diseases Act, the | 21 |
| duty disability benefit shall
not be payable until the issue of | 22 |
| compensability under those Acts is finally
adjudicated. The | 23 |
| period of disability shall be as determined by the Illinois
| 24 |
| Industrial Commission or acknowledged by the employer.
| 25 |
| The first payment shall be made not later than one month | 26 |
| after the
benefit is granted, and subsequent payments shall be | 27 |
| made at least monthly.
The Board shall by rule prescribe for | 28 |
| the payment of such benefits on the
basis of the amount of | 29 |
| salary lost during the period of disability.
| 30 |
| (b) The benefit shall be allowed only if the following | 31 |
| requirements are
met by the employee:
| 32 |
| (1) Application is made to the Board within 90 days | 33 |
| from the date
disability begins;
| 34 |
| (2) A medical report is submitted by at least one |
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
|
| 1 |
| licensed and
practicing physician as part of the employee's | 2 |
| application; and
| 3 |
| (3) The employee is examined by at least one licensed | 4 |
| and practicing
physician appointed by the Board and found | 5 |
| to be in a disabled physical
condition, and shall be | 6 |
| re-examined at least annually thereafter during the
| 7 |
| continuance of disability. The employee need not be | 8 |
| re-examined by a
licensed and practicing physician if the | 9 |
| attorney for the district
certifies in writing that the | 10 |
| employee is entitled to receive compensation
under the | 11 |
| Workers' Compensation Act or the Workers' Occupational | 12 |
| Diseases Act.
| 13 |
| (c) The benefit shall terminate when:
| 14 |
| (1) The employee returns to work or receives a | 15 |
| retirement annuity paid
wholly or in part under this | 16 |
| Article;
| 17 |
| (2) The disability ceases;
| 18 |
| (3) The employee attains age 65, but if the employee | 19 |
| becomes disabled at
age 60 or later, benefits may be | 20 |
| extended for a period of no
more than 5 years after
| 21 |
| disablement;
| 22 |
| (4) The employee (i) refuses to submit to reasonable | 23 |
| examinations by
physicians or other health professionals | 24 |
| appointed by the Board, (ii) fails
or refuses to consent to | 25 |
| and sign an authorization allowing the Board to
receive | 26 |
| copies of or to examine the employee's medical and hospital | 27 |
| records,
or (iii) fails or refuses to provide complete | 28 |
| information regarding any other
employment for | 29 |
| compensation he or she has received since becoming | 30 |
| disabled;
or
| 31 |
| (5) The employee willfully and continuously refuses to | 32 |
| follow medical advice and treatment to enable the employee | 33 |
| to return to
work. However this provision does not apply to | 34 |
| an employee who relies in good
faith on treatment by prayer |
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
|
| 1 |
| through spiritual means alone in accordance with
the tenets | 2 |
| and practice of a recognized church or religious | 3 |
| denomination, by a
duly accredited practitioner thereof.
| 4 |
| In the case of a duty disability recipient who returns to | 5 |
| work, the employee
must make application to the Retirement | 6 |
| Board within 2 years from the date the
employee last received | 7 |
| duty disability benefits in order to become again
entitled to | 8 |
| duty disability benefits based on the injury for which a duty
| 9 |
| disability benefit was theretofore paid.
| 10 |
| In the event that an interim disability benefit has been | 11 |
| received, the benefit paid under this Section shall be subject | 12 |
| to adjustment by the Board under Section 13-309.1.
| 13 |
| (Source: P.A. 90-12, eff. 6-13-97; 91-887, eff. 7-6-00.)
| 14 |
| (40 ILCS 5/13-309.1 new)
| 15 |
| Sec. 13-309.1. Interim disability benefit. | 16 |
| (a) An employee who claims to be physically incapacitated | 17 |
| to perform the duties of his
or her position shall receive an | 18 |
| interim disability benefit, provided that: | 19 |
| (1) the employer,
being a separate entity from the | 20 |
| Retirement System governed by this Article, (i) has | 21 |
| formally denied all employer-paid temporary total | 22 |
| disability
benefits under the Workers' Compensation Act or | 23 |
| the Workers' Occupational
Diseases Act and an appeal of | 24 |
| that denial is pending before the Industrial
Commission of | 25 |
| Illinois, or (ii) has granted and then terminated for any
| 26 |
| reason an employer-paid temporary total disability benefit | 27 |
| and the employee has
filed a petition for emergency hearing | 28 |
| under Section 19(b-1) of the Workers'
Compensation Act or | 29 |
| Section 19(b-1) of the Workers' Occupational Diseases
Act; | 30 |
| and
| 31 |
| (2) application is made not later than (i) 3 months | 32 |
| after the date
that the disability results in loss of pay, | 33 |
| (ii) 3
months after the date the employer has formally |
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
|
| 1 |
| denied or terminated the employer-paid temporary total
| 2 |
| disability benefit, or (iii) in the case of termination of | 3 |
| an employer-paid
temporary total disability benefit, 3 | 4 |
| months after the effective date of this
amendatory Act of | 5 |
| the 93rd General Assembly, whichever occurs last; and
| 6 |
| (3) proper proof is received from one or more | 7 |
| physicians certifying that the employee is physically | 8 |
| incapacitated.
| 9 |
| (b) In the case of a denial of benefits,
the interim | 10 |
| disability benefit shall begin to accrue on the 1st
day of | 11 |
| absence from work on account of disability, but the benefit | 12 |
| shall
not become actually payable to the employee until the | 13 |
| payroll following the Board meeting at which the benefit is | 14 |
| granted. The employee must provide proof of filing a pending | 15 |
| appeal of that denial before the Industrial Commission of | 16 |
| Illinois.
| 17 |
| In the case of termination of an employer-paid temporary | 18 |
| total disability
benefit, the interim disability benefit under | 19 |
| this Section shall be
calculated from the day following the | 20 |
| date of termination of the employer-paid
benefit, but shall not | 21 |
| become payable to the employee until the payroll following the | 22 |
| Board meeting at which the benefit is granted. The employee | 23 |
| must provide proof of filing a petition for emergency hearing | 24 |
| under Section 19(b-1) of the Workers' Compensation Act or | 25 |
| Section 19(b-1) of the Workers' Occupational Diseases Act. | 26 |
| Only one interim benefit under this subsection may be | 27 |
| awarded per injury. If a terminated employer-paid
temporary | 28 |
| total disability benefit is resumed or replaced with another
| 29 |
| employer-paid disability benefit and the resumed or | 30 |
| replacement benefit is
later terminated and the employee again | 31 |
| files a petition for emergency hearing
under Section 19(b-1) of | 32 |
| the Workers' Compensation Act or Section 19(b-1) of
the | 33 |
| Workers' Occupational Diseases Act, the employee may again | 34 |
| become eligible to
receive an interim disability benefit under |
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
|
| 1 |
| this Section.
| 2 |
| The benefit is not payable for any disability which begins | 3 |
| during any period of unpaid leave of absence. No benefit shall | 4 |
| be allowed for any period of disability prior to 30 days before | 5 |
| application is made, unless the Board finds good cause for the | 6 |
| delay in filing the application. The benefit shall not be paid | 7 |
| during any period for which the employee receives or is | 8 |
| entitled to receive any part of salary.
| 9 |
| The benefit shall continue to accrue for no more than 3 | 10 |
| months or until the first of the following events
occurs:
| 11 |
| (1) the disability ceases;
| 12 |
| (2) the employee engages in gainful employment or | 13 |
| receives a retirement annuity paid wholly or in part under | 14 |
| this Article;
| 15 |
| (3) a payment is made on the employee's claim pursuant | 16 |
| to a
determination made by the employer under the Workers' | 17 |
| Compensation Act or the Workers' Occupational
Diseases | 18 |
| Act;
| 19 |
| (4) a final determination is made on the employee's | 20 |
| claim by the
Industrial Commission of Illinois. | 21 |
| (5) the date on which the aggregate period for which | 22 |
| interim disability payments added to the period for which | 23 |
| ordinary disability benefits have been made becomes equal | 24 |
| to 25% of the employee's total period of creditable | 25 |
| service, not including the time for which he or she has | 26 |
| received an interim disability benefit or ordinary | 27 |
| disability benefit, and with a cumulative maximum of 5 | 28 |
| years for ordinary disability and interim disability | 29 |
| benefits combined for purposes of this item (5) only; | 30 |
| (6) the employee (i) refuses to submit to reasonable | 31 |
| examinations by physicians or other health professionals | 32 |
| appointed by the Board, or (ii) fails or refuses to consent | 33 |
| to and sign an authorization allowing the Board to receive | 34 |
| copies of or to examine the employee's medical and hospital |
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
|
| 1 |
| records, or (iii) fails or refuses to provide complete | 2 |
| information regarding any other employment for | 3 |
| compensation he or she has received since becoming | 4 |
| disabled, or (iv) willfully and continuously refuses to | 5 |
| follow medical advice and treatment to enable the employee | 6 |
| to return to work.
| 7 |
| (c) The interim disability benefit shall be 50% of the | 8 |
| employee's salary at the date of disability.
| 9 |
| (d) The interim disability benefit provided under this | 10 |
| Section is
intended as a temporary payment of duty disability | 11 |
| or ordinary
disability benefit, whichever is appropriate, in | 12 |
| cases in which the
character of the disability as either a duty | 13 |
| disability or an ordinary disability has not been
finally | 14 |
| determined.
| 15 |
| When an employer-paid disability benefit is paid or | 16 |
| resumed, the Board
shall calculate the benefit that is payable | 17 |
| under Section 13-309 and shall
deduct from the benefit payable | 18 |
| under Section 13-309 the amounts already paid
under this | 19 |
| Section; those amounts shall then be treated as if they had | 20 |
| been
paid under Section 13-309.
| 21 |
| When a final determination of the character of the
| 22 |
| disability has been made by the Industrial Commission of | 23 |
| Illinois, or by
settlement between the parties to the disputed | 24 |
| claim, the Board shall
calculate the benefit that is payable | 25 |
| under Section 13-309 or 13-310,
whichever is applicable, and | 26 |
| shall deduct from such benefit the amounts
already paid under | 27 |
| this Section; such amounts shall then be treated as if
they had | 28 |
| been paid under Section 13-309 or 13-310.
| 29 |
| (e) Any excess benefits paid under this Section shall be | 30 |
| subject to direct and immediate recovery
by the Fund from | 31 |
| benefits payable under the Workers' Compensation Act or the
| 32 |
| Workers' Occupational Diseases Act or from third parties as | 33 |
| provided in Section
13-311, or from any other benefits payable | 34 |
| either to the member or on his
behalf under this Article. A |
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
|
| 1 |
| member who accepts benefits under this Section
acknowledges and | 2 |
| authorizes these recovery rights of the System. In the event | 3 |
| that this Retirement System does not receive immediate recovery | 4 |
| according to this subsection (e), the employee must pay to the | 5 |
| Fund the excess benefit amount, plus interest at the annual | 6 |
| rate from time to time determined by the Board, compounded | 7 |
| annually from the date the benefit was paid to the employee by | 8 |
| the third party to the date of payment to this Retirement | 9 |
| System by the employee. | 10 |
| (f) The Board shall prescribe rules governing the filing
of | 11 |
| claims for interim disability benefits, and the investigation, | 12 |
| control
and supervision of those claims.
| 13 |
| (g) References in this Section to employer-paid benefits | 14 |
| include benefits
paid for by the Employer, either directly or | 15 |
| through a program of insurance or
self-insurance; but the term | 16 |
| does not include benefits paid by
the Fund under this Article.
| 17 |
| (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)
| 18 |
| Sec. 13-310. Ordinary disability benefit.
| 19 |
| (a) Any employee who becomes disabled as the result of
any | 20 |
| cause other than injury or illness incurred in the performance | 21 |
| of duty
for the employer or any other employer, or while | 22 |
| engaged in self-employment
activities, shall be entitled to an | 23 |
| ordinary disability benefit. The
eligible period for this | 24 |
| benefit shall be 25% of the employee's total
actual service | 25 |
| prior to the date of disability with a cumulative maximum
| 26 |
| period of 5 years.
| 27 |
| (b) The benefit shall be allowed only if the employee files | 28 |
| an
application in writing with the Board, and a medical report | 29 |
| is submitted by
at least one licensed and practicing physician | 30 |
| as part of the employee's
application.
| 31 |
| The benefit is not payable for any disability which begins | 32 |
| during any
period of unpaid leave of absence. No benefit shall | 33 |
| be allowed for any
period of disability prior to 30 days before |
|
|
|
09300HB4575ham001 |
- 23 - |
LRB093 20772 LRD 47691 a |
|
| 1 |
| application is made, unless
the Board finds good cause for the | 2 |
| delay in filing the application. The
benefit shall not be paid | 3 |
| during any period for which the employee receives
or is | 4 |
| entitled to receive any part of salary.
| 5 |
| The benefit is not payable for any disability which begins | 6 |
| during any
period of absence from duty other than allowable | 7 |
| vacation time in any
calendar year. An employee whose | 8 |
| disability begins during any such
ineligible period of absence | 9 |
| from service may not receive benefits until
the employee | 10 |
| recovers from the disability and is in service for at least 15
| 11 |
| consecutive working days after such recovery.
| 12 |
| In the case of an employee who first enters service on or | 13 |
| after June 13,
the
effective date of this amendatory Act of | 14 |
| 1997, an ordinary disability benefit
is not payable for the | 15 |
| first 3 days of disability that would otherwise be
payable | 16 |
| under this Section if the disability does not continue for at | 17 |
| least 11
additional days.
| 18 |
| Beginning on the effective date of this amendatory Act of | 19 |
| the 93rd General Assembly, an employee who first entered | 20 |
| service on or after June 13, 1997 is also eligible for ordinary | 21 |
| disability benefits on the 31st day after the last day worked, | 22 |
| provided all sick leave is exhausted.
| 23 |
| (c) The benefit shall be 50% of the employee's salary at | 24 |
| the date of
disability, and shall terminate when the earliest | 25 |
| of the following occurs:
| 26 |
| (1) The employee returns to work or receives a | 27 |
| retirement annuity paid
wholly or in part under this | 28 |
| Article;
| 29 |
| (2) The disability ceases;
| 30 |
| (3) The employee willfully and continuously refuses to | 31 |
| follow medical
advice and treatment to enable the employee | 32 |
| to return to
work. However this provision does not apply to | 33 |
| an employee who relies in good
faith on treatment by prayer | 34 |
| through spiritual means alone in accordance with
the tenets |
|
|
|
09300HB4575ham001 |
- 24 - |
LRB093 20772 LRD 47691 a |
|
| 1 |
| and practice of a recognized church or religious | 2 |
| denomination, by a
duly accredited practitioner thereof;
| 3 |
| (4) The employee (i) refuses to submit to a reasonable | 4 |
| physical
examination within 30 days of application by a | 5 |
| physician appointed by the
Board, (ii) in the case of | 6 |
| chronic alcoholism, the employee refuses
to join a | 7 |
| rehabilitation program licensed by the Department of | 8 |
| Public Health of
the State of Illinois and certified by the | 9 |
| Joint Commission on the
Accreditation of Hospitals, (iii) | 10 |
| fails or refuses to consent to and sign an
authorization | 11 |
| allowing the Board to receive copies of or to examine the
| 12 |
| employee's medical and hospital records, or (iv) fails or | 13 |
| refuses to provide
complete information regarding any | 14 |
| other employment for compensation he or she
has received | 15 |
| since becoming disabled; or
| 16 |
| (5) The eligible period for this benefit has been | 17 |
| exhausted.
| 18 |
| The first payment of the benefit shall be made not later | 19 |
| than one month
after the same has been granted, and subsequent | 20 |
| payments shall be made at
intervals of not more than 30 days. | 21 |
| (d) In the event that an interim disability benefit has | 22 |
| been received, the benefit paid under this Section shall be | 23 |
| subject to adjustment by the Board under Section 13-309.1.
| 24 |
| (Source: P.A. 90-12, eff. 6-13-97; 91-887, eff. 7-6-00.)
| 25 |
| (40 ILCS 5/13-311) (from Ch. 108 1/2, par. 13-311)
| 26 |
| Sec. 13-311. Credit for Workers' Compensation payments. If | 27 |
| an
employee, or an employee's spouse or children, receives | 28 |
| compensation under any
workers' compensation or occupational | 29 |
| diseases law, the benefit payable under this Article
shall be | 30 |
| reduced by the amount of the compensation so received if the | 31 |
| amount is
less than the annuity or benefit. If the compensation | 32 |
| exceeds the annuity or
benefit, no payment of annuity or | 33 |
| benefit shall be made until the period of
time has elapsed when |
|
|
|
09300HB4575ham001 |
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| 1 |
| the annuity or benefit payable at the rates provided in
this | 2 |
| Article equals the amount of such compensation. However, the | 3 |
| commutation
of compensation to a lump sum basis as provided in | 4 |
| the workers' compensation or
occupational diseases law shall | 5 |
| not increase the annuity or benefit provided
under this | 6 |
| Article; the annuity or benefit to be paid hereunder shall be | 7 |
| based
on the amount of compensation awarded under such laws | 8 |
| prior to commutation of
such compensation. No interest shall be | 9 |
| considered in these calculations , except for benefits paid | 10 |
| under Section 13-309.1 .
| 11 |
| (Source: P.A. 91-887, eff. 7-6-00.)
| 12 |
| (40 ILCS 5/13-314) (from Ch. 108 1/2, par. 13-314)
| 13 |
| Sec. 13-314. Alternative provisions for Water Reclamation | 14 |
| District
commissioners.
| 15 |
| (a) Transfer of credits. Any Water Reclamation District | 16 |
| commissioner
elected by vote of the people and who has elected | 17 |
| to participate in this
Fund may transfer to this Fund credits | 18 |
| and creditable service accumulated
under any other pension fund | 19 |
| or retirement system established under
Articles 2 through 18 of | 20 |
| this Code, upon payment to the Fund of (1) the
amount by which | 21 |
| the employer and employee contributions that would have
been | 22 |
| required if he had participated in this Fund during the period | 23 |
| for
which credit is being transferred, plus interest, exceeds | 24 |
| the amounts
actually transferred from such other fund or system | 25 |
| to this Fund, plus (2)
interest thereon at 6% per year | 26 |
| compounded annually from the date of
transfer to the date of | 27 |
| payment.
| 28 |
| (b) Alternative annuity. Any participant commissioner may | 29 |
| elect to
establish alternative credits for an alternative | 30 |
| annuity by electing in
writing to make additional optional | 31 |
| contributions in accordance with this
Section and procedures | 32 |
| established by the Board. Unless and until such
time as the | 33 |
| U.S. Internal Revenue Service or the federal courts provide a
|
|
|
|
09300HB4575ham001 |
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|
| 1 |
| favorable ruling as described in Section 13-502(f), a
such | 2 |
| commissioner
may discontinue making the additional optional | 3 |
| contributions by notifying the
Fund in writing in accordance | 4 |
| with this Section and procedures established
by the Board.
| 5 |
| Additional optional contributions for the alternative | 6 |
| annuity shall be
as follows:
| 7 |
| (1) For service after the option is elected, an | 8 |
| additional contribution
of 3% of salary shall be | 9 |
| contributed to the Fund on the same basis and
under the | 10 |
| same conditions as contributions required under Section | 11 |
| 13-502.
| 12 |
| (2) For contributions on past service, the additional | 13 |
| contribution shall
be 3% of the salary for the
applicable | 14 |
| period of service, plus interest at the annual rate from | 15 |
| time to
time as determined by the Board, compounded | 16 |
| annually from the date of service
to the date of payment. | 17 |
| Contributions for service before the option is
elected may | 18 |
| be made in a lump sum payment to the Fund or by | 19 |
| contributing to the
Fund on the same basis and under the | 20 |
| same conditions as contributions required
under Section | 21 |
| 13-502.
All payments for past service must be paid in full | 22 |
| before credit
is given. No additional optional | 23 |
| contributions may be made for any period
of service for | 24 |
| which credit has been previously forfeited by acceptance of
| 25 |
| a refund, unless the refund is repaid in full with interest | 26 |
| at the rate
specified in Section 13-603, from the date of | 27 |
| refund to the date of repayment.
| 28 |
| In lieu of the retirement annuity otherwise payable under | 29 |
| this Article,
any commissioner who has elected to participate | 30 |
| in the Fund and make
additional optional contributions in | 31 |
| accordance with this Section,
has attained age 55, and has at | 32 |
| least 6 years of service
credit, may elect to have the | 33 |
| retirement annuity computed as follows: 3% of
the participant's | 34 |
| average final salary as a commissioner for each of
the first 8 |
|
|
|
09300HB4575ham001 |
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| 1 |
| years of service credit, plus 4% of such salary for each of the
| 2 |
| next 4 years of service credit, plus 5% of such salary for each | 3 |
| year of
service credit in excess of 12 years, subject to a | 4 |
| maximum of 80% of such
salary. To the extent such commissioner | 5 |
| has made additional optional
contributions with respect to only | 6 |
| a portion of years of service credit,
the retirement annuity | 7 |
| will first be determined in accordance with this
Section to the | 8 |
| extent such additional optional contributions were made, and
| 9 |
| then in accordance with the remaining Sections of this Article | 10 |
| to the
extent of years of service credit with respect to which | 11 |
| additional optional
contributions were not made. The change in | 12 |
| minimum retirement age (from
60 to 55) made by this amendatory | 13 |
| Act of 1993 applies to persons who begin
receiving a retirement | 14 |
| annuity under this Section on or after the effective
date of | 15 |
| this amendatory Act, without regard to whether they are in | 16 |
| service
on or after that date.
| 17 |
| (c) Disability benefits. In lieu of the disability benefits | 18 |
| otherwise
payable under this Article, any commissioner who (1) | 19 |
| has elected to
participate in the Fund, and (2) has become | 20 |
| permanently disabled and as a
consequence is unable to perform | 21 |
| the duties of office, and (3) was making
optional contributions | 22 |
| in accordance with this Section at the time the
disability was | 23 |
| incurred, may elect to receive a disability annuity
calculated | 24 |
| in accordance with the formula in subsection (b). For the
| 25 |
| purposes of this subsection, such commissioner shall be
| 26 |
| considered permanently disabled only if: (i) disability occurs | 27 |
| while in
service as a commissioner and is of such a nature as | 28 |
| to prevent the
reasonable performance of the duties of office | 29 |
| at the time; and (ii) the
Board has received a written | 30 |
| certification by at least 2 licensed
physicians appointed by it | 31 |
| stating that such commissioner is disabled and
that the | 32 |
| disability is likely to be permanent.
| 33 |
| (d) Alternative survivor's benefits. In lieu of the
| 34 |
| survivor's benefits otherwise payable under this Article, the |
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
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| 1 |
| spouse or
eligible child of any deceased commissioner who (1) | 2 |
| had elected to
participate in the Fund, and (2) was either | 3 |
| making additional optional
contributions on the date of death, | 4 |
| or was receiving an annuity calculated
under this Section at | 5 |
| the time of death, may elect to receive an annuity
beginning on | 6 |
| the date of the commissioner's death, provided that the spouse
| 7 |
| and commissioner must have been married on the date of the last | 8 |
| termination
of a service as commissioner and for a continuous | 9 |
| period of at least one
year immediately preceding death.
| 10 |
| The annuity shall be payable beginning on the date of the | 11 |
| commissioner's
death if the spouse is then age 50 or over, or | 12 |
| beginning at age 50 if the
age of the spouse is less than 50 | 13 |
| years. If a minor unmarried child or
children of the | 14 |
| commissioner, under age 18, also survive, and the child or
| 15 |
| children are under the care of the eligible spouse, the annuity | 16 |
| shall begin
as of the date of death of the commissioner without | 17 |
| regard to the spouse's age.
| 18 |
| The annuity to a spouse shall be 66 2/3% of the amount of | 19 |
| retirement
annuity earned by the commissioner on the date of | 20 |
| death, subject to a
minimum payment of 10% of salary, provided | 21 |
| that if an eligible spouse,
regardless of age, has in his or | 22 |
| her care at the date of death of the
commissioner any unmarried | 23 |
| child or children of the commissioner under age
18, the minimum | 24 |
| annuity shall be 30% of the commissioner's salary, plus 10%
of | 25 |
| salary on account of each minor child of the commissioner, | 26 |
| subject to a
combined total payment on account of a spouse and | 27 |
| minor children not to
exceed 50% of the deceased commissioner's | 28 |
| salary. In the event there shall
be no spouse of the | 29 |
| commissioner surviving, or should a spouse die while
eligible | 30 |
| minor children still survive the commissioner, each such child
| 31 |
| shall be entitled to an annuity equal to 20% of salary of the | 32 |
| commissioner
subject to a combined total payment on account of | 33 |
| all such children not to
exceed 50% of salary of the | 34 |
| commissioner. The salary to be used in the
calculation of these |
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
|
| 1 |
| benefits shall be the same as that prescribed for
determining a | 2 |
| retirement annuity as provided in subsection (b) of this | 3 |
| Section.
| 4 |
| Upon the death of a commissioner occurring after | 5 |
| termination of a service
or while in receipt of a retirement | 6 |
| annuity, the combined total payment to
a spouse and minor | 7 |
| children, or to minor children alone if no eligible
spouse | 8 |
| survives, shall be limited to 75% of the amount of retirement
| 9 |
| annuity earned by the commissioner.
| 10 |
| Adopted children shall have status as natural children of | 11 |
| the
commissioner only if the proceedings for adoption were | 12 |
| commenced at least
one year prior to the date of the | 13 |
| commissioner's death.
| 14 |
| Marriage of a child or attainment of age 18, whichever | 15 |
| first occurs,
shall render the child ineligible for further | 16 |
| consideration in the payment
of annuity to a spouse or in the | 17 |
| increase in the amount thereof. Upon
attainment of | 18 |
| ineligibility of the youngest minor child of the
commissioner, | 19 |
| the annuity shall immediately revert to the amount payable
upon | 20 |
| death of a commissioner leaving no minor children surviving. If | 21 |
| the
spouse is under age 50 at such time, the annuity as revised | 22 |
| shall be
deferred until such age is attained.
| 23 |
| (e) Refunds. Refunds of additional optional contributions | 24 |
| shall be made
on the same basis and under the same conditions | 25 |
| as provided under Section
13-601. Interest shall be credited on | 26 |
| the same basis and under the same
conditions as for other | 27 |
| contributions.
| 28 |
| Optional contributions shall be accounted for in a separate | 29 |
| Commission's
Optional Contribution Reserve. Optional | 30 |
| contributions under this Section
shall be included in the | 31 |
| amount of employee contributions used to compute
the tax levy | 32 |
| under Section 13-503.
| 33 |
| (f) Effective date. The effective date of this plan of | 34 |
| optional
alternative benefits and contributions shall be the |
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
|
| 1 |
| date upon which
approval was received from the U.S. Internal | 2 |
| Revenue Service. The plan of
optional alternative benefits and | 3 |
| contributions shall not be available to
any former employee | 4 |
| receiving an annuity from the Fund on the effective
date, | 5 |
| unless said former employee re-enters service and renders at | 6 |
| least 3
years of additional service after the date of re-entry | 7 |
| as a commissioner.
| 8 |
| (Source: P.A. 90-12, eff. 6-13-97; 91-887, eff. 7-6-00.)
| 9 |
| (40 ILCS 5/13-402) (from Ch. 108 1/2, par. 13-402)
| 10 |
| Sec. 13-402. Length of service. For the purpose of | 11 |
| computing the length
of service for the retirement annuity, | 12 |
| surviving spouse's annuity, and
child's annuity, and | 13 |
| calculating the minimum service requirement for
payment of | 14 |
| military service under subsection (b) of Section 13-403,
| 15 |
| service of 120 days in any one calendar year shall constitute | 16 |
| one year
of service and service for any fractional part thereof | 17 |
| shall constitute an
equal fractional part of one year of | 18 |
| service unless specifically provided
otherwise. For all other | 19 |
| purposes under this Article, including but not
limited to the | 20 |
| optional plans of additional benefits and contributions | 21 |
| provided
under Sections 13-304 , 13-304.1, and 13-314 of this | 22 |
| Article, 26 pay periods of service
during any 12 consecutive | 23 |
| months shall constitute a year of service, and
service rendered | 24 |
| for 50% or more of a single pay period shall constitute
service | 25 |
| for the full pay period. Service of less than 50% of a single | 26 |
| pay
period shall not be counted.
| 27 |
| (Source: P.A. 93-334, eff. 7-24-03.)
| 28 |
| (40 ILCS 5/13-403) (from Ch. 108 1/2, par. 13-403)
| 29 |
| Sec. 13-403. Military service.
| 30 |
| (a) Any employee who, after commencement of
service with | 31 |
| the Employer, enlisted, was inducted or was otherwise ordered
| 32 |
| to serve in the military forces of the United States pursuant |
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
|
| 1 |
| to any law,
shall receive full service credit for the various | 2 |
| purposes of this Article
as though the employee were in the | 3 |
| active service of the Employer during
the period of military | 4 |
| service provided that:
| 5 |
| (1) beginning July 1, 1963, such service credit shall | 6 |
| be granted only for
military service for which the employee | 7 |
| volunteers or is inducted or called into military
service | 8 |
| pursuant to a call of a duly constituted authority or a law | 9 |
| of the
United States declaring a national emergency;
| 10 |
| (2) the employee returns to the employ of the Employer | 11 |
| within 90 days
after the termination of the national | 12 |
| emergency; and
| 13 |
| (3) the total service credit for such military service | 14 |
| shall not exceed 5
years except that any employee who on | 15 |
| July 1, 1963 had accrued more than 5
years of such credit | 16 |
| shall be entitled to the total amount thereof.
| 17 |
| (b) For a ten-year period following the effective date of | 18 |
| this amendatory
Act of the 93rd General Assembly, a | 19 |
| contributing employee or commissioner
meeting the minimum | 20 |
| service requirements provided under this subsection may
| 21 |
| establish additional service credit for a period of up to 2 | 22 |
| years of active
military service in the United States Armed | 23 |
| Forces for which he or she does not
qualify for credit under | 24 |
| subsection (a), provided that (1) the person was not
| 25 |
| dishonorably discharged from the military service, and (2) the | 26 |
| amount of
service credit established by the person under this | 27 |
| subsection (b), when added
to the amount of any military | 28 |
| service credit granted to the person under
subsection (a), | 29 |
| shall not exceed 5 years.
| 30 |
| The minimum service requirement for a contributing | 31 |
| employee is 10 years of
service credit as provided in Sections | 32 |
| 13-401 and 13-402 of this Article and
exclusive of Article 20. | 33 |
| The minimum service requirement for a contributing
| 34 |
| commissioner is 5 years of service credit as provided in |
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
|
| 1 |
| Sections 13-401 and
13-402 of this Article and
exclusive of | 2 |
| Article 20.
| 3 |
| In order to establish military service credit under this | 4 |
| subsection (b),
the applicant must submit a written application | 5 |
| to the Fund, including the
applicant's discharge papers from | 6 |
| military service, and pay to the Fund (i)
employee | 7 |
| contributions at the rates provided in this Article, based upon | 8 |
| the
person's salary on the last date as a participating | 9 |
| employee prior to the
military service or on the first date as | 10 |
| a participating employee after the
military service, whichever | 11 |
| is greater, plus (ii) the current amount determined
by the | 12 |
| board to be equal to the employer's normal cost of the benefits | 13 |
| accrued
for such military service, plus (iii) regular interest | 14 |
| of 3% compounded
annually on items (i) and (ii) from the date | 15 |
| of entry or re-entry as a
participating employee following the | 16 |
| military service to the date of payment.
Contributions must be | 17 |
| paid in full before the credit is granted. Credit
established | 18 |
| under this subsection may be used for pension purposes only.
| 19 |
| Notwithstanding any other provision of this Section, a | 20 |
| person may not
establish creditable service under this Section | 21 |
| for any period for which the
person receives credit under any | 22 |
| other public employee retirement system,
unless the credit | 23 |
| under that other retirement system has been irrevocably
| 24 |
| relinquished.
| 25 |
| (Source: P.A. 93-334, eff. 7-24-03.)
| 26 |
| (40 ILCS 5/13-502) (from Ch. 108 1/2, par. 13-502)
| 27 |
| Sec. 13-502. Employee contributions; deductions from | 28 |
| salary.
| 29 |
| (a) Retirement annuity and child's annuity. There shall be | 30 |
| deducted
from each payment of salary an amount equal to 7 1/2% | 31 |
| of salary as the
employee's contribution for the retirement | 32 |
| annuity, including annual
increases therefore and child's | 33 |
| annuity.
|
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
|
| 1 |
| (b) Surviving spouse's annuity. There shall be deducted | 2 |
| from each
payment of salary an amount equal to 1 1/2% of salary | 3 |
| as the employee's
contribution for the surviving spouse's | 4 |
| annuity and annual increases therefor.
| 5 |
| (c) Pickup of employee contributions. The Employer may pick | 6 |
| up employee
contributions required under subsections (a) and | 7 |
| (b) of this Section. If
contributions are picked up they shall | 8 |
| be treated as Employer contributions
in determining tax | 9 |
| treatment under the United States Internal Revenue Code,
and | 10 |
| shall not be included as gross income of the employee until | 11 |
| such time
as they are distributed. The Employer shall pay these | 12 |
| employee
contributions from the same source of funds used in | 13 |
| paying salary to the
employee. The Employer may pick up these | 14 |
| contributions by a reduction in
the cash salary of the employee | 15 |
| or by an offset against a future salary
increase or by a | 16 |
| combination of a reduction in salary and offset against a
| 17 |
| future salary increase. If employee contributions are picked up | 18 |
| they shall be
treated for all purposes of this Article 13, | 19 |
| including Sections 13-503 and
13-601, in the same manner and to | 20 |
| the same extent as employee contributions
made prior to the | 21 |
| date picked up.
| 22 |
| (d) Subject to the requirements of federal law, the | 23 |
| Employer shall
pick up optional contributions that the employee | 24 |
| has elected to pay to the
Fund under Section 13-304.1, and the | 25 |
| contributions so picked up
shall be treated as employer | 26 |
| contributions for the purposes of determining
federal tax | 27 |
| treatment. The Employer shall pick up the contributions by a
| 28 |
| reduction in the cash salary of the employee and shall pay the | 29 |
| contributions
from the same fund that is used to pay earnings | 30 |
| to the employee. The Employer
shall, however, continue to | 31 |
| withhold federal and State income taxes based upon
| 32 |
| contributions made under Section 13-304.1 until the Internal | 33 |
| Revenue Service or
the federal courts rule that pursuant to | 34 |
| Section 414(h) of the U.S. Internal
Revenue Code of 1986, as |
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
|
| 1 |
| amended, these contributions shall not be included as
gross | 2 |
| income of the employee until such time as they are distributed | 3 |
| or made
available.
| 4 |
| (e) Each employee is deemed to consent and agree to the | 5 |
| deductions from
compensation provided for in this Article.
| 6 |
| (f) Subject to the requirements of federal law, the | 7 |
| Employer shall pick up
contributions that a commissioner has | 8 |
| elected to pay to the Fund under Section
13-314, and the | 9 |
| contributions so picked up shall be treated as employer
| 10 |
| contributions for the purposes of determining federal tax | 11 |
| treatment. The
Employer shall pick up the contributions by a | 12 |
| reduction in the cash salary of
the commissioner and shall pay | 13 |
| the contributions from the same fund as is
used to pay earnings | 14 |
| to the commissioner. The Employer shall, however,
continue to | 15 |
| withhold federal and State income taxes based upon | 16 |
| contributions
made under Section 13-314 until the U.S. Internal | 17 |
| Revenue Service or the
federal courts rule that pursuant to | 18 |
| Section 414(h) of the Internal Revenue
Code of 1986, as | 19 |
| amended, these contributions shall not be included as gross
| 20 |
| income of the employee until such time as they are distributed | 21 |
| or made
available.
| 22 |
| (Source: P.A. 92-599, eff. 6-28-02.)
| 23 |
| (40 ILCS 5/13-601) (from Ch. 108 1/2, par. 13-601)
| 24 |
| Sec. 13-601. Refunds.
| 25 |
| (a) Withdrawal from service. Upon withdrawal from service, | 26 |
| an employee
under age 55 (age 50 if the employee first entered | 27 |
| service before June
13, 1997) , or an employee age 55 (age 50 if | 28 |
| the employee first entered
service before June 13, 1997) or | 29 |
| over but less than 60 having less
than 20 years of service, or | 30 |
| an employee age 60 or over having less than 5
years of service | 31 |
| shall be entitled, upon application, to a refund of total
| 32 |
| contributions from salary deductions or amounts otherwise paid | 33 |
| under this
Article by the employee. The refund shall not |
|
|
|
09300HB4575ham001 |
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|
| 1 |
| include interest credited to
the contributions. The Board may, | 2 |
| in its discretion, withhold payment of a
refund for a period | 3 |
| not to exceed one year from the date of filing an
application | 4 |
| for refund.
| 5 |
| (b) Surviving spouse's annuity contributions. A refund of | 6 |
| all amounts
deducted from salary or otherwise contributed by an | 7 |
| employee for the
surviving spouse's annuity shall be paid upon | 8 |
| retirement to any employee
who on the date of retirement is | 9 |
| either not married or is married but whose
spouse is not | 10 |
| eligible for a surviving spouse's annuity paid wholly or in
| 11 |
| part under this Article. The refund shall include interest on
| 12 |
| each contribution at the rate of 3% per annum compounded | 13 |
| annually from the
date of the contribution to the date of the | 14 |
| refund.
| 15 |
| (c) When paid to children, estate or beneficiary. Whenever | 16 |
| the total
accumulations, to the account of an employee from | 17 |
| employee contributions,
including interest, have not been paid | 18 |
| to the employee and surviving spouse
as a retirement or | 19 |
| spouse's annuity before the death of the survivor of the
| 20 |
| employee and spouse, a refund shall be paid as follows: an | 21 |
| amount equal to
the excess of such amounts over the amounts | 22 |
| paid on such annuities without
interest on either such amount, | 23 |
| shall be paid to the children of the
employee, in equal parts | 24 |
| to each, unless the employee has directed in
writing, signed by | 25 |
| him before an officer authorized to administer oaths,
and filed | 26 |
| with the Board before the employee's death, that any such | 27 |
| amount
shall be refunded and paid to any one or more of such | 28 |
| children; and if
there are not children, such other beneficiary | 29 |
| or beneficiaries as might be
designated by the employee. If | 30 |
| there are no such children or designation
of beneficiary, the | 31 |
| refund shall be paid to the personal representative of
the | 32 |
| employee's estate.
| 33 |
| If a personal representative of the estate has not been | 34 |
| appointed within
90 days from the date on which a refund became |
|
|
|
09300HB4575ham001 |
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LRB093 20772 LRD 47691 a |
|
| 1 |
| payable, the refund may be
applied, in the discretion of the | 2 |
| Board, toward the payment of the
employee's or the surviving | 3 |
| spouse's burial expenses. Any remaining
balance shall be paid | 4 |
| to the heirs of the employee according to the law of
descent | 5 |
| and distribution of the State of Illinois.
| 6 |
| If a reversionary annuity becomes payable under Section | 7 |
| 13-303, the
refund provided in this section shall not be paid | 8 |
| until the death of the
reversionary annuitant and the refund | 9 |
| otherwise payable under this section
shall be then further | 10 |
| reduced by the amount of the reversionary annuity paid.
| 11 |
| (d) In lieu of annuity. Notwithstanding the provisions set | 12 |
| forth in
subsection (a) of this section, whenever an employee's | 13 |
| or surviving
spouse's annuity will be less than $200 per month, | 14 |
| the employee or
surviving spouse, as the case may be, may elect | 15 |
| to receive a refund of
accumulated employee contributions; | 16 |
| provided, however, that if the election
is made by a surviving | 17 |
| spouse the refund shall be reduced by any amounts
theretofore | 18 |
| paid to the employee in the form of an annuity.
| 19 |
| (e) Forfeiture of rights. An employee or surviving spouse | 20 |
| who receives
a refund forfeits the right to receive an annuity | 21 |
| or any other benefit
payable under this Article except that if | 22 |
| the refund is to a surviving
spouse, any child or children of | 23 |
| the employee shall not be deprived of the
right to receive a | 24 |
| child's annuity as provided in Section 13-308 of this
Article, | 25 |
| and the payment of a child's annuity shall not reduce the | 26 |
| amount
refundable to the surviving spouse.
| 27 |
| (Source: P.A. 87-794; 87-1265.)
| 28 |
| (40 ILCS 5/13-603) (from Ch. 108 1/2, par. 13-603)
| 29 |
| Sec. 13-603. Restoration of rights. If an employee who has | 30 |
| received a
refund subsequently re-enters the service and | 31 |
| renders one year of contributing
service from the date of such | 32 |
| re-entry, the employee shall be entitled to
have restored all | 33 |
| accumulation and service credits previously forfeited by
|
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LRB093 20772 LRD 47691 a |
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| 1 |
| making a repayment of the refund, including interest from the | 2 |
| date of the
refund to the date of repayment at a rate equal to | 3 |
| the higher of 8% per annum
or the actuarial investment return | 4 |
| assumption used in the Fund's most recent
Annual Actuarial | 5 |
| Statement. Repayment may be made either directly to the Fund
or | 6 |
| in a manner similar to that provided for the contributions | 7 |
| required under
Section 13-502. The service credits represented | 8 |
| thereby, or any part thereof,
shall not become effective unless | 9 |
| the full amount due has been paid by the
employee, including | 10 |
| interest. The repayment must be made in full no later
than 90 | 11 |
| days following the date of the employee's final withdrawal from
| 12 |
| service. If the employee fails to make a full repayment, any | 13 |
| partial amounts
paid by the employee shall be refunded without | 14 |
| interest if the employee dies
in service or withdraws .
| 15 |
| (Source: P.A. 91-887, eff. 7-6-00.)
| 16 |
| Section 90. The State Mandates Act is amended by adding | 17 |
| Section 8.28 as
follows:
| 18 |
| (30 ILCS 805/8.28 new)
| 19 |
| Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | 20 |
| of this
Act, no reimbursement by the State is required for the | 21 |
| implementation of
any mandate created by this amendatory Act of | 22 |
| the 93rd General Assembly.
| 23 |
| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.".
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|