Full Text of SB0654 100th General Assembly
SB0654 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB0654 Introduced 1/25/2017, by Sen. Daniel Biss SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/15-113 | from Ch. 108 1/2, par. 15-113 | 40 ILCS 5/15-135 | from Ch. 108 1/2, par. 15-135 | 40 ILCS 5/15-152 | from Ch. 108 1/2, par. 15-152 | 40 ILCS 5/15-153.2 | from Ch. 108 1/2, par. 15-153.2 | 40 ILCS 5/15-168.1 | |
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Amends the State Universities Article of the Illinois Pension Code. Changes the definition of "service" to include periods where earnings credits were established for periods of voluntary pay reduction in lieu of furlough. In a provision concerning retirement annuity payment periods, provides that for a recipient of a disability retirement annuity, the date on which a retirement annuity payment period begins shall not be prior to the discontinuation of the disability retirement annuity. Provides for the discontinuation of a disability retirement annuity when the recipient refuses to submit to a reasonable physical examination by a physician approved by the board or when the recipient fails to provide an earnings verification necessary to determine continuance of benefits. Requires the board to prescribe rules governing the filing, investigation, control, and supervision of disability retirement annuity claims. Adds provisions concerning costs incurred in connection with completing a claim for a disability retirement annuity. Authorizes the secretary of the board to issue subpoenas to obtain information to assist in the collection of sums due to the System, the determination of the death of a benefit recipient or a potential benefit recipient, or obtaining personal identifying information necessary for the administration of benefits. Makes other changes. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Sections 15-113, 15-135, 15-152, 15-153.2, and 15-168.1 as | 6 | | follows:
| 7 | | (40 ILCS 5/15-113) (from Ch. 108 1/2, par. 15-113)
| 8 | | Sec. 15-113. Service. "Service": The periods defined in | 9 | | Sections
15-113.1 through 15-113.9 and Section s 15-113.11 | 10 | | through 15-113.12 .
| 11 | | (Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12.)
| 12 | | (40 ILCS 5/15-135) (from Ch. 108 1/2, par. 15-135)
| 13 | | Sec. 15-135. Retirement annuities - Conditions.
| 14 | | (a) This subsection (a) applies only to a Tier 1 member. A | 15 | | participant who retires in one of the following specified years | 16 | | with
the specified amount of service is entitled to a | 17 | | retirement annuity at any age
under the retirement program | 18 | | applicable to the participant:
| 19 | | 35 years if retirement is in 1997 or before;
| 20 | | 34 years if retirement is in 1998;
| 21 | | 33 years if retirement is in 1999;
| 22 | | 32 years if retirement is in 2000;
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| 1 | | 31 years if retirement is in 2001;
| 2 | | 30 years if retirement is in 2002 or later.
| 3 | | A participant with 8 or more years of service after | 4 | | September 1, 1941, is
entitled to a retirement annuity on or | 5 | | after attainment of age 55.
| 6 | | A participant with at least 5 but less than 8 years
of | 7 | | service after September 1, 1941, is entitled to a retirement | 8 | | annuity on
or after attainment of age 62.
| 9 | | A participant who has at least 25 years of service in this | 10 | | system as a
police officer or firefighter is entitled to a | 11 | | retirement
annuity on or after the attainment of age 50, if | 12 | | Rule 4 of Section
15-136 is applicable to the participant.
| 13 | | (a-5) A Tier 2 member is entitled to a retirement annuity | 14 | | upon written application if he or she has attained age 67 and | 15 | | has at least 10 years of service credit and is otherwise | 16 | | eligible under the requirements of this Article. A Tier 2 | 17 | | member who has attained age 62 and has at least 10 years of | 18 | | service credit and is otherwise eligible under the requirements | 19 | | of this Article may elect to receive the lower retirement | 20 | | annuity provided in subsection (b-5) of Section 15-136 of this | 21 | | Article. | 22 | | (b) The annuity payment period shall begin on the date | 23 | | specified by the
participant or the recipient of a disability | 24 | | retirement annuity submitting a written application . For a | 25 | | participant, the date on which the annuity payment period | 26 | | begins , which date shall not be prior
to termination of |
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| 1 | | employment or more than one year before the application is
| 2 | | received by the board; however, if the participant is not an | 3 | | employee of an
employer participating in this System or in a | 4 | | participating system as defined
in Article 20 of this Code on | 5 | | April 1 of the calendar year next following
the calendar year | 6 | | in which the participant attains age 70 1/2, the annuity
| 7 | | payment period shall begin on that date regardless of whether | 8 | | an application
has been filed. For a recipient of a disability | 9 | | retirement annuity, the date on which the annuity payment | 10 | | period begins shall not be prior to the discontinuation of the | 11 | | disability retirement annuity under Section 15-153.2.
| 12 | | (c) An annuity is not payable if the amount provided under | 13 | | Section
15-136 is less than $10 per month.
| 14 | | (Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12; | 15 | | 98-92, eff. 7-16-13.)
| 16 | | (40 ILCS 5/15-152) (from Ch. 108 1/2, par. 15-152)
| 17 | | Sec. 15-152. Disability benefits - Duration. Disability | 18 | | benefits shall be discontinued when the earliest of the | 19 | | following
occurs: (1) when disability ceases, (2) upon refusal
| 20 | | of the participant to submit to a reasonable physical
| 21 | | examination by a physician approved by the board, (3) upon | 22 | | refusal of
the participant to accept any position, assigned in | 23 | | good faith by an
employer, the duties of which could reasonably | 24 | | be performed by the participant
and the earnings of which would | 25 | | be at least equal to the disability benefit
payable under this |
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| 1 | | Article, (4) upon September 1,
following the participant's 70th | 2 | | birthday,
if the disability benefit commenced prior to | 3 | | attainment of age 65, (5)
the end of the month following the | 4 | | fifth anniversary of the
date disability benefits commenced, if | 5 | | such benefits began after the
attainment of age 65, or (6) when | 6 | | the total disability
benefits paid equal 50% of the | 7 | | participant's
total earnings for the entire period of
| 8 | | employment for which service has been granted prior to the date
| 9 | | disability benefits began to accrue , or (7) upon failure of the | 10 | | participant to provide an earnings verification necessary to | 11 | | determine continuance of benefits . If the disability was caused | 12 | | by
an on-the-job accident, and the participant is granted | 13 | | workers'
compensation or occupational disease payments from | 14 | | the employer or the
State of Illinois, the limitation in clause | 15 | | (6) shall not be applicable.
| 16 | | Service and earnings credits under the State Employees' | 17 | | Retirement
System of Illinois and the Teachers' Retirement | 18 | | System of the State of
Illinois shall be considered in | 19 | | determining the employee's eligibility
for, and the duration of | 20 | | disability benefits.
| 21 | | If, by law, a function of a governmental unit, as
defined | 22 | | by Section 20-107 is transferred in whole or in
part to an | 23 | | employer and an employee transfers employment from the
| 24 | | governmental unit to such employer within 6 months after the | 25 | | transfer of
this function, the pension credits in the | 26 | | governmental unit's retirement
system which have been |
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| 1 | | validated under
Section 20-109, shall be treated the same as | 2 | | pension credits in this Section
in determining an employee's | 3 | | eligibility
for, and the duration of disability benefits.
| 4 | | (Source: P.A. 86-273.)
| 5 | | (40 ILCS 5/15-153.2) (from Ch. 108 1/2, par. 15-153.2)
| 6 | | Sec. 15-153.2. Disability retirement annuity. A | 7 | | participant whose
disability benefits are discontinued under | 8 | | the provisions of clause (6) of
Section 15-152 and who is not a | 9 | | participant in the optional retirement plan
established under | 10 | | Section 15-158.2 is entitled to a disability
retirement annuity | 11 | | of 35% of the basic compensation which was payable to the
| 12 | | participant at the time that disability began, provided that | 13 | | the board determines that the participant has a medically | 14 | | determinable physical or
mental impairment that prevents him or | 15 | | her from
engaging in any substantial gainful activity, and | 16 | | which can be expected to
result in death or which has lasted or | 17 | | can be expected to last for a continuous
period of not less | 18 | | than 12 months.
| 19 | | The board's determination of whether a participant is | 20 | | disabled shall be
based upon:
| 21 | | (i) a written certificate from one or more licensed and | 22 | | practicing
physicians appointed by or acceptable to the | 23 | | board, stating that the
participant is unable to engage in | 24 | | any substantial gainful activity; and
| 25 | | (ii) any other medical examinations, hospital records, |
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| 1 | | laboratory
results, or other information necessary for | 2 | | determining the employment
capacity and condition of the | 3 | | participant.
| 4 | | The terms "medically determinable physical or mental | 5 | | impairment" and
"substantial gainful activity" shall have the | 6 | | meanings ascribed to them in the
federal Social Security Act, | 7 | | as now or hereafter amended, and the
regulations issued | 8 | | thereunder.
| 9 | | The disability retirement annuity payment period shall | 10 | | begin immediately
following the expiration of the disability | 11 | | benefit payments under clause
(6) of Section 15-152 and shall | 12 | | be discontinued for a recipient of a disability retirement | 13 | | annuity when (1) the physical or
mental impairment no longer | 14 | | prevents the recipient participant from engaging in any
| 15 | | substantial gainful activity, (2) the recipient participant | 16 | | dies , or (3) the recipient participant
elects to receive a | 17 | | retirement annuity under Sections 15-135 and 15-136 , (4) the | 18 | | recipient refuses to submit to a reasonable physical | 19 | | examination by a physician approved by the board, or (5) the | 20 | | recipient fails to provide an earnings verification necessary | 21 | | to determine continuance of benefits .
If a person's disability | 22 | | retirement annuity is discontinued under clause
(1), all rights | 23 | | and credits accrued in the system on the date that the
| 24 | | disability retirement annuity began shall be restored, and the | 25 | | disability
retirement annuity paid shall be considered as | 26 | | disability payments under
clause (6) of Section 15-152.
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| 1 | | The board shall prescribe rules governing the filing, | 2 | | investigation, control, and supervision of disability | 3 | | retirement annuity claims. Costs incurred by a claimant in | 4 | | connection with completing a claim for a disability retirement | 5 | | annuity shall be paid (A) by the claimant, in the case of the | 6 | | one required medical examination, medical certificate, and any | 7 | | other requirements generally imposed by the board on all | 8 | | disability retirement annuity claimants; and (B) by the System, | 9 | | in the case of any additional medical examination or other | 10 | | additional requirement imposed on a particular claimant that is | 11 | | not imposed generally on all disability retirement annuity | 12 | | claimants. | 13 | | (Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12.)
| 14 | | (40 ILCS 5/15-168.1)
| 15 | | Sec. 15-168.1. Testimony and the production of records. The | 16 | | secretary of
the Board shall have
the power to issue subpoenas | 17 | | to compel the attendance of witnesses and the
production of | 18 | | documents and records, including law enforcement records
| 19 | | maintained by law enforcement agencies, in conjunction with : | 20 | | (1) the determination of employer payments required | 21 | | under subsection (g) of Section 15-155 ; , | 22 | | (2) a disability
claim ; , | 23 | | (3) an administrative review proceeding ; , | 24 | | (4) an attempt to obtain information to assist in the | 25 | | collection of sums due to the System; |
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| 1 | | (5) obtaining any and all personal identifying | 2 | | information necessary for the administration of benefits; | 3 | | (6) the determination of the death of a benefit | 4 | | recipient or a potential benefit recipient; or | 5 | | (7) a felony forfeiture investigation. | 6 | | The fees of witnesses for attendance and travel shall be | 7 | | the same as the fees
of witnesses before the circuit courts of | 8 | | this State and shall be paid by the
party seeking the subpoena. | 9 | | The Board may apply to any circuit court in the
State for an | 10 | | order requiring compliance with a subpoena issued under this
| 11 | | Section. Subpoenas issued under this Section shall be subject | 12 | | to applicable
provisions of the Code of Civil Procedure.
| 13 | | (Source: P.A. 94-1057, eff. 7-31-06.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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