Full Text of HB2824 101st General Assembly
HB2824 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2824 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/8-125 | from Ch. 108 1/2, par. 8-125 | 40 ILCS 5/8-162 | from Ch. 108 1/2, par. 8-162 | 40 ILCS 5/8-244.1 | from Ch. 108 1/2, par. 8-244.1 |
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Amends the Chicago Municipal Article of the Illinois Pension Code. Provides that the date on which an annuity payment period begins shall not be prior to termination or more than one year prior to receipt by the board of the written application for benefits. Provides that each disabled employee who receives duty or ordinary disability benefit shall be examined at least once a year, or a longer period of time as determined by the board (rather than shall be examined at least once a year), by one or more licensed and practicing physicians appointed by the board. Provides that an annuitant who directs the board to pay the annuity due him or her to a financial institution shall hold the board and Fund harmless from any claim or loss related to any error as to whether the financial institution is or continues to be federally insured. Removes a provision concerning the payment of benefits to certain persons confined in publicly owned and operated mental institutions. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | HB2824 | | LRB101 08718 RPS 53805 b |
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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 8-125, 8-162, and 8-244.1 as follows:
| 6 | | (40 ILCS 5/8-125) (from Ch. 108 1/2, par. 8-125)
| 7 | | Sec. 8-125. Annuity.
| 8 | | "Annuity": Equal monthly payments for life, unless | 9 | | otherwise specified.
| 10 | | For annuities taking effect before January 1, 1998, the | 11 | | first payment
shall be due and payable one month after the | 12 | | occurrence
of the event upon which payment of the annuity | 13 | | depends, and the last
payment shall be due and payable as of | 14 | | the date of the annuitant's death
and shall be prorated from | 15 | | the date of the last preceding payment to the
date of death for | 16 | | deaths that occur on or before March 31, 2000. All
payments | 17 | | made
on or after April 1, 2000 shall be made on the first day of | 18 | | the calendar month
and the last payment shall be made on the | 19 | | first day of the calendar month in
which the annuity payment | 20 | | period ends. All payments for months beginning with
April of | 21 | | 2000 shall be for the entire calendar month, without proration. | 22 | | A pro
rata amount shall be paid for that part of the month from | 23 | | the March 2000
annuity payment date through March 31, 2000.
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| 1 | | For annuities taking effect on or after January 1, 1998,
| 2 | | payments shall be made as of the first day of the calendar
| 3 | | month, with the first payment to be made
as of the first day of | 4 | | the calendar month coincidental with or next
following the | 5 | | first day of the annuity payment period, and the last payment
| 6 | | to be made as of the first day of the calendar month in which | 7 | | the annuity
payment period ends. For annuities taking effect on | 8 | | or
after January 1, 1998, all payments shall be for the entire | 9 | | calendar month,
without proration. The date on which the | 10 | | annuity payment period begins shall not be prior to termination | 11 | | or more than one year prior to receipt by the board of the | 12 | | written application for benefits.
| 13 | | For the purposes of this Section, the "annuity payment | 14 | | period" means the
period beginning on the day after the | 15 | | occurrence of the event upon which
payment of the annuity | 16 | | depends, and ending on the day upon which the death of
the | 17 | | annuitant or other event terminating the annuity occurs.
| 18 | | (Source: P.A. 90-31, eff. 6-27-97; 91-887, eff. 7-6-00.)
| 19 | | (40 ILCS 5/8-162) (from Ch. 108 1/2, par. 8-162)
| 20 | | Sec. 8-162. Proof of disability, duty and ordinary.
| 21 | | Proof of duty or ordinary disability shall be furnished to | 22 | | the board by
at least one licensed and practicing physician | 23 | | appointed by the board. The
board may require other evidence of | 24 | | disability. Each disabled employee who
receives duty or | 25 | | ordinary disability benefit shall be examined at least
once a |
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| 1 | | year , or a longer period of time as determined by the board, by | 2 | | one or more licensed and practicing physicians appointed by
the | 3 | | board. When the disability ceases, the board shall discontinue | 4 | | payment
of the benefit and the employee shall be returned to | 5 | | active service.
| 6 | | (Source: Laws 1963, p. 161.)
| 7 | | (40 ILCS 5/8-244.1) (from Ch. 108 1/2, par. 8-244.1)
| 8 | | Sec. 8-244.1. Payment of annuity other than direct.
| 9 | | (a) The board, at the written direction and request of any | 10 | | annuitant,
may, solely as an accommodation to such annuitant, | 11 | | pay the annuity due him
to a bank, savings and loan association | 12 | | or any other financial institution
insured by an agency of the | 13 | | federal government, for deposit to his account,
or to a bank or | 14 | | trust company for deposit in a trust established by him for
his | 15 | | benefit with such bank, savings and loan association or trust | 16 | | company,
and such annuitant may withdraw such direction at any
| 17 | | time. An annuitant who directs the board to pay the annuity due | 18 | | him or her to a financial institution shall hold the board and | 19 | | Fund harmless from any claim or loss related to any error as to | 20 | | whether the financial institution is or continues to be | 21 | | federally insured. The board may also, in the case of any | 22 | | disability beneficiary or
annuitant for whom no estate guardian | 23 | | has been appointed and who is
confined in a publicly owned and | 24 | | operated mental institution, pay such
disability benefit or | 25 | | annuity due such person to the superintendent or
other head of |
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| 1 | | such institution or hospital for deposit to such person's
trust | 2 | | fund account maintained for him by such institution or | 3 | | hospital,
if by law such trust fund accounts are authorized or | 4 | | recognized.
| 5 | | (b) An annuitant formerly employed by the City of Chicago | 6 | | may authorize
the withholding of a portion of his or her | 7 | | annuity for payment of dues to the
labor organization which | 8 | | formerly represented the annuitant when the annuitant
was an | 9 | | active employee; however, no withholding shall be required | 10 | | under this
subsection for payment to one labor organization | 11 | | unless a minimum of 25
annuitants authorize such withholding. | 12 | | The Board shall prescribe a form for
the authorization of | 13 | | withholding of dues, release of name, social security
number | 14 | | and address and shall provide such forms to employees, | 15 | | annuitants and
labor organizations upon request. Amounts | 16 | | withheld by the Board under this
subsection shall be promptly | 17 | | paid over to the designated organizations,
indicating the | 18 | | names, social security numbers and addresses of annuitants on
| 19 | | whose behalf dues were withheld.
| 20 | | At the request and at the expense of the labor organization | 21 | | that formerly
represented the annuitant, the City of Chicago | 22 | | shall coordinate mailings no
more than twice in any | 23 | | twelve-month period to such annuitants and the Board
shall | 24 | | supply current annuitant addresses to the City of Chicago upon | 25 | | request.
These mailings shall be limited to informing the | 26 | | annuitants of their rights
under this subsection (b), the form |
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| 1 | | authorizing the withholding of dues from
their annuity and | 2 | | information supplied by the labor organization pertinent to
the | 3 | | decision of whether to exercise the rights of this subsection.
| 4 | | (Source: P.A. 100-23, eff. 7-6-17.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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