Full Text of SB1648 103rd General Assembly
SB1648ham001 103RD GENERAL ASSEMBLY | Rep. Eva-Dina Delgado Filed: 5/9/2023
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| 1 | | AMENDMENT TO SENATE BILL 1648
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1648 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Section 11-159 and by adding Sections 11-159.1 and | 6 | | 14-126.5 as follows:
| 7 | | (40 ILCS 5/11-159) (from Ch. 108 1/2, par. 11-159)
| 8 | | Sec. 11-159. Annuity after withdrawal while disabled for | 9 | | employees who first became participants prior to January 1, | 10 | | 2011 . | 11 | | (a) This Section applies to employees who first became | 12 | | participants prior to January 1, 2011. | 13 | | (b) An employee whose disability continues after the | 14 | | employee he has received ordinary
disability benefits benefit | 15 | | for the maximum period of time prescribed by this
Article , and | 16 | | who withdraws before age 60 while still so disabled , is
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| 1 | | entitled to receive an annuity in of such amount as can be | 2 | | provided from the
total sum accumulated to the employee's his | 3 | | credit from employee contributions and employer city
| 4 | | contributions, to be computed as of the employee's his age on | 5 | | the date of withdrawal. If the minimum annuity under Section | 6 | | 11-134 applies and is greater than the annuity under this | 7 | | subsection (b), then the Section 11-134 annuity shall apply. | 8 | | Any annuity under this subsection (b) shall be subject to | 9 | | automatic annual increases under Section 11-134.1.
| 10 | | (c) The annuity to which the employee's spouse his wife | 11 | | shall be entitled upon the employee's his death , shall
be | 12 | | fixed on the date of the employee's his withdrawal. It shall be | 13 | | provided on a
reversionary annuity basis from the total sum | 14 | | accumulated to the employee's his credit
for widow's annuity | 15 | | on the date of such withdrawal. If the minimum annuity under | 16 | | Section 11-145.1 applies and is greater than the annuity under | 17 | | this subsection (c), then the Section 11-145.1 annuity shall | 18 | | apply. Any widow's annuity shall not be subject to any | 19 | | automatic annual increases.
| 20 | | (d) Upon the death of any such employee while on annuity, | 21 | | if the employee's his service
was at least 4 years after the | 22 | | date of the employee's his original entry, and at least
2 years | 23 | | after the date of the employee's his latest re-entry, the | 24 | | employee's his unmarried child or
children under age 18 shall | 25 | | be entitled to an annuity as specified in this
Article for | 26 | | children of an employee who retires after age 55, subject to
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| 1 | | prescribed limitations on total payments to a family of an | 2 | | employee.
| 3 | | (Source: P.A. 81-1536.)
| 4 | | (40 ILCS 5/11-159.1 new) | 5 | | Sec. 11-159.1. Annuity after withdrawal while disabled for | 6 | | employees who first became participants on or after January 1, | 7 | | 2011. | 8 | | (a) This Section applies to employees who first became | 9 | | participants on or after January 1, 2011. | 10 | | (b) An employee whose disability continues after the | 11 | | employee has received ordinary disability benefits for the | 12 | | maximum period of time prescribed by this Article and who | 13 | | withdraws before becoming eligible for a retirement annuity | 14 | | under subsection (c), (c-5), (d), or (d-5) of Section 1-160 | 15 | | while still so disabled is entitled to receive an annuity in | 16 | | such amount as can be provided from the total sum accumulated | 17 | | to the employee's credit from employee contributions and | 18 | | employer contributions, to be computed as of the employee's | 19 | | age on the date of withdrawal. The minimum annuity under | 20 | | Section 11-134 shall not apply, and any annuity under this | 21 | | subsection (b) shall not be subject to any automatic annual | 22 | | increases. | 23 | | (c) The annuity to which the employee's spouse shall be | 24 | | entitled upon the employee's death shall be fixed on the date | 25 | | of the employee's withdrawal. It shall be provided on a |
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| 1 | | reversionary annuity basis from the total sum accumulated to | 2 | | the employee's credit for widow's annuity on the date of such | 3 | | withdrawal. The minimum annuity under Section 11-145.1 shall | 4 | | not apply and any widow's annuity under this subsection (c) | 5 | | shall not be subject to any automatic annual increases. | 6 | | (d) Upon the death of any such employee while on annuity, | 7 | | if the employee's service was at least 4 years after the date | 8 | | of the employee's original entry, and at least 2 years after | 9 | | the date of the employee's latest re-entry, the employee's | 10 | | unmarried children under age 18 shall be entitled to an | 11 | | annuity as specified in this Article for children of an | 12 | | employee who retires after age 55, subject to prescribed | 13 | | limitations on total payments to a family of an employee. | 14 | | (40 ILCS 5/14-126.5 new) | 15 | | Sec. 14-126.5. Retirement annuity option for termination | 16 | | of ordinary disability benefit. A member who is subject to the | 17 | | provisions of Section 1-160 whose disability continues but | 18 | | whose disability benefit is either terminated due to attaining | 19 | | age 65 or terminated after 5 years because the ordinary | 20 | | disability benefit commenced after age 60 shall immediately | 21 | | qualify to begin receiving a retirement annuity without the | 22 | | reduction provided under subsection (d) of Section 1-160 if | 23 | | the member has earned at least 10 years of creditable service. | 24 | | Section 90. The State Mandates Act is amended by adding |
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| 1 | | Section 8.47 as follows: | 2 | | (30 ILCS 805/8.47 new) | 3 | | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | 4 | | 8 of this Act, no reimbursement by the State is required for | 5 | | the implementation of any mandate created by this amendatory | 6 | | Act of the 103rd General Assembly.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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