Full Text of HB5120 95th General Assembly
HB5120 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5120
Introduced , by Rep. Kathleen A. Ryg SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/16-140 |
from Ch. 108 1/2, par. 16-140 |
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Amends the Downstate Teacher Article of the Illinois Pension Code. Removes language that renders individuals over the age of 18 who are adjudged to be disabled persons under specified provisions of the Probate Act of 1975 and who are receiving specified benefits
under the Illinois Public Aid Code ineligible to receive
benefits under the Article. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
PENSION IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB5120 |
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LRB095 16598 AMC 42629 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section 16-140 as follows:
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| (40 ILCS 5/16-140) (from Ch. 108 1/2, par. 16-140)
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| Sec. 16-140. Survivors' benefits - definitions.
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| (a) For the purpose of Sections 16-138 through 16-143.2, | 9 |
| the following
terms shall have the following meanings, unless | 10 |
| the context otherwise
requires:
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| (1) "Average salary": the average salary for the | 12 |
| highest 4 consecutive
years within the last 10 years of | 13 |
| creditable service immediately preceding
date of death or | 14 |
| retirement, whichever is applicable, or the average salary
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| for the total creditable service if service is less than 4 | 16 |
| years.
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| (2) "Member": any teacher included in the membership of | 18 |
| the system.
However, a teacher who becomes an annuitant of | 19 |
| the system or a teacher
whose services terminate after 20 | 20 |
| years of service from any cause other
than retirement is | 21 |
| considered a member, subject to the
conditions and | 22 |
| limitations stated in this Article.
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| (3) "Dependent beneficiary": (A) a surviving spouse of |
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LRB095 16598 AMC 42629 b |
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| a member or
annuitant who was married to the member or | 2 |
| annuitant for the 12 month
period immediately preceding and | 3 |
| on the date of death of such member or
annuitant, except | 4 |
| where a child is born of such marriage, in which case the
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| qualifying period shall not be applicable;
(A-1) a | 6 |
| surviving spouse of a member or annuitant who (i) was | 7 |
| married to the
member or annuitant on the date of the | 8 |
| member or annuitant's death, (ii) was
married to the member | 9 |
| or annuitant for a period of at least 12 months (but not
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| necessarily the 12 months immediately preceding the member | 11 |
| or annuitant's
death), and (iii) has not received a benefit | 12 |
| under subsection (a) of Section
16-141 or paragraph (1) of | 13 |
| Section 16-142; (B) an eligible child of a member
or | 14 |
| annuitant; and (C) a dependent parent.
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| Unless otherwise designated by the member, eligibility | 16 |
| for benefits shall
be in the order named, except that a | 17 |
| dependent parent shall be eligible only if
there is no | 18 |
| other dependent beneficiary. Any benefit to be received by | 19 |
| or paid
to a dependent beneficiary to be determined under | 20 |
| this paragraph as provided in
Sections 16-141 and 16-142 | 21 |
| may be received by or paid to a trust established
for such | 22 |
| dependent beneficiary if such dependent beneficiary is | 23 |
| living at the
time such benefit would be received by or | 24 |
| paid to such trust.
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| (4) "Eligible child": an unmarried natural or adopted | 26 |
| child of the member
or annuitant under age 18 (age 22 if a |
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| full-time student). An unmarried
natural or adopted child, | 2 |
| regardless of age, who is dependent by reason of a
physical | 3 |
| or mental disability , except any such child receiving | 4 |
| benefits under
Article III of the Illinois Public Aid Code, | 5 |
| is eligible for so long as such
physical or mental | 6 |
| disability continues. An adopted child, however, is
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| eligible only if the proceedings for adoption were | 8 |
| finalized while the child
was a minor.
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| For purposes of this subsection, "disability" means an | 10 |
| inability to
engage in any substantial gainful activity by | 11 |
| reason of any medically
determinable physical or mental | 12 |
| impairment which can be expected to result
in death or | 13 |
| which has lasted or can be expected to last for a | 14 |
| continuous
period of not less than 12 months.
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| The changes made to this Section
by Public Act 90-448, | 16 |
| relating to benefits
for certain
unmarried children who are | 17 |
| full-time students under age 22, apply without
regard to | 18 |
| whether the deceased member was in service on or after the | 19 |
| effective
date of that Act. These changes do not
authorize | 20 |
| the
repayment of a refund or a re-election of benefits, and | 21 |
| any benefit or increase
in benefits resulting from these | 22 |
| changes is not payable retroactively for any
period before | 23 |
| the effective date of that Act.
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| (5) "Dependent parent": a parent who was receiving at | 25 |
| least 1/2 of his
or her support from a member or annuitant | 26 |
| for the 12-month period
immediately preceding and on the |
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| date of such member's or annuitant's
death, provided | 2 |
| however, that such dependent status terminates upon a
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| member's acceptance of a refund for survivor benefit | 4 |
| contributions as
provided under Section 16-142.
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| (6) "Non-dependent beneficiary": any person, | 6 |
| organization or other entity
designated by the member who | 7 |
| does not qualify as a dependent beneficiary.
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| (7) "In service": the condition of a member being in | 9 |
| receipt of
salary as a teacher at any time within 12 months | 10 |
| immediately before his
or her death, being on leave of | 11 |
| absence for which the member, upon return
to teaching, | 12 |
| would be eligible to purchase service credit under | 13 |
| subsection
(b)(5) of Section 16-127, or being in receipt of | 14 |
| a disability or
occupational disability benefit. This term | 15 |
| does not include any annuitant
or member who previously | 16 |
| accepted a refund of survivor benefit
contributions under | 17 |
| paragraph (1) of Section 16-142 unless the conditions
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| specified in subsection (b) of Section 16-143.2 are met.
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| (b) The change to this Section made by Public Act 90-511 | 20 |
| applies without
regard to whether the deceased member or | 21 |
| annuitant was in service on or after
the effective date of that | 22 |
| Act.
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| The change to this Section made by this amendatory Act of | 24 |
| the 91st General
Assembly applies without regard to whether the | 25 |
| deceased member or annuitant was
in service on or after the | 26 |
| effective date of this amendatory Act.
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LRB095 16598 AMC 42629 b |
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| (Source: P.A. 90-448, eff. 8-16-97; 90-511, eff.
8-22-97; | 2 |
| 90-655, eff. 7-30-98; 91-887, eff. 7-6-00.)
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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