Full Text of HB1334 99th General Assembly
HB1334ham001 99TH GENERAL ASSEMBLY | Rep. Jack D. Franks Filed: 4/1/2016
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| 1 | | AMENDMENT TO HOUSE BILL 1334
| 2 | | AMENDMENT NO. ______. Amend House Bill 1334 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 3-124.1, 4-117, 5-159, and 6-156 as follows:
| 6 | | (40 ILCS 5/3-124.1) (from Ch. 108 1/2, par. 3-124.1)
| 7 | | Sec. 3-124.1. Re-entry into active service. | 8 | | (a) If a police officer who is
receiving
pension payments | 9 | | other than as provided in Section 3-109.3 re-enters active
| 10 | | service, pension payment shall be suspended
while he or she is | 11 | | in service. When he or she again retires, pension payments
| 12 | | shall be resumed. If the police officer remains in service | 13 | | after re-entry
for a period of less than 5 years, the pension | 14 | | shall be the same as upon
first retirement. If the officer's | 15 | | service after re-entry is at least 5
years and the officer | 16 | | makes the required contributions during the period
of re-entry, |
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| 1 | | his or her pension shall be recomputed by taking into account
| 2 | | the additional period of service and salary.
| 3 | | (b) If a person who first entered service under this | 4 | | Article after January 1, 2017 is receiving pension payments | 5 | | (other than as provided in Section 3-109.3) and becomes a | 6 | | member or participant under any other system or fund created by | 7 | | this Code and is employed on a full-time basis, he or she shall | 8 | | immediately notify the pension fund that is making those | 9 | | pension payments of his or her participation or membership | 10 | | under a system or fund created by this Code and the pension | 11 | | payments shall be suspended while the person is employed | 12 | | full-time. The suspension shall end upon termination of that | 13 | | full-time employment. | 14 | | (Source: P.A. 91-939, eff. 2-1-01.)
| 15 | | (40 ILCS 5/4-117) (from Ch. 108 1/2, par. 4-117)
| 16 | | Sec. 4-117. Reentry into active service. | 17 | | (a) If a firefighter receiving
pension payments
reenters | 18 | | active service, pension payments shall be suspended while he
or | 19 | | she is in service. If the firefighter again retires or is | 20 | | discharged,
his or her monthly pension shall be resumed in the | 21 | | same amount as was paid
upon first retirement or discharge
| 22 | | unless he or she remained in active service 3 or more years | 23 | | after re-entry
in which case the monthly pension shall be based | 24 | | on the salary attached
to the firefighter's rank at the date of | 25 | | last retirement.
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| 1 | | (b) If a deferred pensioner re-enters active service, and | 2 | | again retires
or is discharged from the fire service, his or | 3 | | her pension shall be based
on the salary attached to the rank | 4 | | held in the fire service at the date
of earlier retirement, | 5 | | unless the firefighter remains in active service
for 3 or more | 6 | | years after re-entry, in which case the monthly pension shall
| 7 | | be based on the salary attached to the firefighter's rank at | 8 | | the date of
last retirement.
| 9 | | (c) If a pensioner or deferred pensioner re-enters or is | 10 | | recalled
to active service and
is thereafter injured, and the | 11 | | injury
is not related to an injury for which he or she was | 12 | | previously receiving
a disability pension,
the 3 year service | 13 | | requirement shall not apply in order
for the firefighter to | 14 | | qualify for the increased pension based on
the rate of pay at | 15 | | the time of the
new injury.
| 16 | | (d) If a person who first entered service under this | 17 | | Article after January 1, 2017 is receiving pension payments and | 18 | | becomes a member or participant under any other system or fund | 19 | | created by this Code and is employed on a full-time basis, he | 20 | | or she shall immediately notify the pension fund that is making | 21 | | those pension payments and the pension payments shall be | 22 | | suspended while that person is employed full-time. The | 23 | | suspension shall end upon termination of that full-time | 24 | | employment. | 25 | | (Source: P.A. 83-1440.)
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| 1 | | (40 ILCS 5/5-159) (from Ch. 108 1/2, par. 5-159)
| 2 | | Sec. 5-159. Re-entry of pensioner or annuitant into | 3 | | service. | 4 | | (a) When
a policeman who has withdrawn after the effective | 5 | | date re-enters service,
any annuity previously granted to him | 6 | | and any annuity
fixed for his wife shall be cancelled. The | 7 | | policeman shall be credited
for annuity purposes with sums | 8 | | sufficient to provide annuities equal to
those cancelled for | 9 | | him and his wife, as of their respective ages on the
date of | 10 | | re-entrance into service.
| 11 | | Deductions from salary
and contributions by
the city for | 12 | | all purposes of this Article shall be made, and upon
subsequent | 13 | | retirement new annuities based upon the amount then to his
| 14 | | credit for annuity purposes and the entire term of his service | 15 | | shall be
fixed for the policeman and his wife.
| 16 | | If such policeman's wife, for whom annuity has been fixed | 17 | | prior to
his re-entrance into service, has died or her marriage | 18 | | to such policeman
has been dissolved or declared invalid before | 19 | | he re-entered service, no
part, of any sum or sums to the | 20 | | credit of such policeman for widow's
annuity or for widow's | 21 | | prior service annuity at the time annuity for
such wife was | 22 | | fixed shall be credited to such policeman at the time of
| 23 | | re-entry. No part of any such sum or sums shall be used to | 24 | | provide
annuity for any wife of such policeman who is his wife | 25 | | at any time after
his re-entry into service unless she was his | 26 | | wife at the time of his
withdrawal.
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| 1 | | However, the payment of the pension or annuity shall | 2 | | continue if
re-entry into service is for the purpose of serving | 3 | | on a part time basis
as a street crossing guard.
| 4 | | (b) If a person who first entered service under this | 5 | | Article after January 1, 2017 is receiving pension or annuity | 6 | | payments and becomes a member or participant under any other | 7 | | system or fund created by this Code and is employed on a | 8 | | full-time basis, he or she shall immediately notify the Fund | 9 | | and the pension or annuity payments shall be suspended while | 10 | | that person is employed full-time. The suspension shall end | 11 | | upon termination of that full-time employment. | 12 | | (Source: P.A. 86-272.)
| 13 | | (40 ILCS 5/6-156) (from Ch. 108 1/2, par. 6-156)
| 14 | | Sec. 6-156. Re-entry of pensioner or annuitant into | 15 | | service. | 16 | | (a)
When a fireman who has withdrawn after the effective | 17 | | date re-enters the
service before age 63, any annuity | 18 | | previously granted to him and any
annuity fixed for his wife | 19 | | shall be cancelled. The fireman shall be
credited with the | 20 | | actuarial value of the annuities cancelled for him and
his wife | 21 | | as of their respective ages on the date of his re-entry into
| 22 | | service; provided, that for present employees and future | 23 | | entrants who
entered service prior to July 1, 1953, the maximum | 24 | | age of a wife for
this purpose shall not be more than 5 years | 25 | | less than his age, and for
future entrants who entered service |
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| 1 | | after June 30, 1953, the age, for
annuity purposes, of a wife | 2 | | who is older than her husband shall be
assumed to be equal to | 3 | | his age. Such sums shall be credited to the
fireman to provide | 4 | | for annuities in the future.
| 5 | | Deductions from salary and contributions by the city for | 6 | | all
purposes of this Article shall be made as provided herein, | 7 | | and upon
subsequent retirement, new annuities based upon the | 8 | | amount then to his
credit for annuity purposes and the entire | 9 | | term of his service shall be
fixed for him and his wife.
| 10 | | If such fireman's wife, for whom annuity has been fixed | 11 | | prior to his
re-entrance into service, has died, or the | 12 | | marriage was dissolved before
he re-entered service, no part of | 13 | | any sum or sums to the credit of such
fireman for widow's prior | 14 | | service annuity at the time annuity for such
wife was fixed | 15 | | shall be credited to such fireman at the time of
re-entry. No | 16 | | part of any such sum or sums shall be used to provide
annuity | 17 | | for any wife of such fireman who is his wife at any time after
| 18 | | his re-entry into service.
| 19 | | (b) If a fireman re-enters service after age 63, payments | 20 | | of pension
or annuity previously granted shall be suspended. | 21 | | When he again
withdraws, payments upon such pension or annuity | 22 | | shall be resumed. If
the fireman dies in service, his widow | 23 | | shall receive the annuity
previously fixed for her.
| 24 | | (c) If a person who first entered service under this | 25 | | Article after January 1, 2017 is receiving pension or annuity | 26 | | payments and becomes a member or participant under any other |
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| 1 | | system or fund created by this Code and is employed on a | 2 | | full-time basis, he or she shall immediately notify the Fund | 3 | | and the pension or annuity payments shall be suspended while | 4 | | that person is employed full-time. The suspension shall end | 5 | | upon termination of that full-time employment. | 6 | | (Source: P.A. 81-1536.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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