Full Text of HB2824 101st General Assembly
HB2824ham001 101ST GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 3/13/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2824
| 2 | | AMENDMENT NO. ______. Amend House Bill 2824 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing 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 |
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| 1 | | made
on or after April 1, 2000 shall be made on the first day of | 2 | | the calendar month
and the last payment shall be made on the | 3 | | first day of the calendar month in
which the annuity payment | 4 | | period ends. All payments for months beginning with
April of | 5 | | 2000 shall be for the entire calendar month, without proration. | 6 | | A pro
rata amount shall be paid for that part of the month from | 7 | | the March 2000
annuity payment date through March 31, 2000.
| 8 | | For annuities taking effect on or after January 1, 1998,
| 9 | | payments shall be made as of the first day of the calendar
| 10 | | month, with the first payment to be made
as of the first day of | 11 | | the calendar month coincidental with or next
following the | 12 | | first day of the annuity payment period, and the last payment
| 13 | | to be made as of the first day of the calendar month in which | 14 | | the annuity
payment period ends. For annuities taking effect on | 15 | | or
after January 1, 1998, all payments shall be for the entire | 16 | | calendar month,
without proration. The date on which the | 17 | | annuity payment period begins shall not be prior to termination | 18 | | or more than one year prior to receipt by the board of the | 19 | | written application for benefits.
| 20 | | For the purposes of this Section, the "annuity payment | 21 | | period" means the
period beginning on the day after the | 22 | | occurrence of the event upon which
payment of the annuity | 23 | | depends, and ending on the day upon which the death of
the | 24 | | annuitant or other event terminating the annuity occurs.
| 25 | | (Source: P.A. 90-31, eff. 6-27-97; 91-887, eff. 7-6-00.)
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| 1 | | (40 ILCS 5/8-162) (from Ch. 108 1/2, par. 8-162)
| 2 | | Sec. 8-162. Proof of disability, duty and ordinary.
| 3 | | Proof of duty or ordinary disability shall be furnished to | 4 | | the board by
at least one licensed and practicing physician | 5 | | appointed by the board. The
board may require other evidence of | 6 | | disability. Each disabled employee who
receives duty or | 7 | | ordinary disability benefit shall be examined at least
once a | 8 | | year , or a longer period of time as determined by the board, by | 9 | | one or more licensed and practicing physicians appointed by
the | 10 | | board. When the disability ceases, the board shall discontinue | 11 | | payment
of the benefit and the employee shall be returned to | 12 | | active service.
| 13 | | (Source: Laws 1963, p. 161.)
| 14 | | (40 ILCS 5/8-244.1) (from Ch. 108 1/2, par. 8-244.1)
| 15 | | Sec. 8-244.1. Payment of annuity other than direct.
| 16 | | (a) The board, at the written direction and request of any | 17 | | annuitant,
may, solely as an accommodation to such annuitant, | 18 | | pay the annuity due him
to a bank, savings and loan association | 19 | | or any other financial institution
insured by an agency of the | 20 | | federal government, for deposit to his account,
or to a bank or | 21 | | trust company for deposit in a trust established by him for
his | 22 | | benefit with such bank, savings and loan association or trust | 23 | | company,
and such annuitant may withdraw such direction at any
| 24 | | time. An annuitant who directs the board to pay the annuity due | 25 | | him or her to a financial institution shall hold the board and |
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| 1 | | Fund harmless from any claim or loss related to any error as to | 2 | | whether the financial institution is or continues to be | 3 | | federally insured. The board may also, in the case of any | 4 | | disability beneficiary or
annuitant for whom no estate guardian | 5 | | has been appointed and who is
confined in a publicly owned and | 6 | | operated mental institution, pay such
disability benefit or | 7 | | annuity due such person to the superintendent or
other head of | 8 | | such institution or hospital for deposit to such person's
trust | 9 | | fund account maintained for him by such institution or | 10 | | hospital,
if by law such trust fund accounts are authorized or | 11 | | recognized.
| 12 | | (b) An annuitant formerly employed by the City of Chicago | 13 | | may authorize
the withholding of a portion of his or her | 14 | | annuity for payment of dues to the
labor organization which | 15 | | formerly represented the annuitant when the annuitant
was an | 16 | | active employee; however, no withholding shall be required | 17 | | under this
subsection for payment to one labor organization | 18 | | unless a minimum of 25
annuitants authorize such withholding. | 19 | | The Board shall prescribe a form for
the authorization of | 20 | | withholding of dues, release of name, social security
number | 21 | | and address and shall provide such forms to employees, | 22 | | annuitants and
labor organizations upon request. Amounts | 23 | | withheld by the Board under this
subsection shall be promptly | 24 | | paid over to the designated organizations,
indicating the | 25 | | names, social security numbers and addresses of annuitants on
| 26 | | whose behalf dues were withheld.
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| 1 | | At the request and at the expense of the labor organization | 2 | | that formerly
represented the annuitant, the City of Chicago | 3 | | shall coordinate mailings no
more than twice in any | 4 | | twelve-month period to such annuitants and the Board
shall | 5 | | supply current annuitant addresses to the City of Chicago upon | 6 | | request.
These mailings shall be limited to informing the | 7 | | annuitants of their rights
under this subsection (b), the form | 8 | | authorizing the withholding of dues from
their annuity and | 9 | | information supplied by the labor organization pertinent to
the | 10 | | decision of whether to exercise the rights of this subsection.
| 11 | | (Source: P.A. 100-23, eff. 7-6-17.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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