Full Text of HB0227 94th General Assembly
HB0227enr 94TH GENERAL ASSEMBLY
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| AN ACT in relation to public employee benefits.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 8-152 and 14-104 and adding Section 8-152.1 as | 6 |
| follows:
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| (40 ILCS 5/8-152)
(from Ch. 108 1/2, par. 8-152)
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| Sec. 8-152. Widows or former wives not entitled to annuity. | 9 |
| Except as
provided in Section 8-152.1, the following widows or | 10 |
| former wives of
employees have no right to annuity from the | 11 |
| fund:
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| (a) The widow, married subsequent to the effective date, of | 13 |
| an
employee who dies in service if she was not married to him | 14 |
| before he
attained age 65;
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| (b) The widow, married subsequent to the effective date, of | 16 |
| an
employee who withdraws from service whether or not he enters | 17 |
| upon
annuity, and who dies while out of service, if she was not | 18 |
| his wife
while he was in service and before he attained age 65;
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| (c) The widow of an employee with 10 or more years of | 20 |
| service whose
death occurs out of and after he has withdrawn | 21 |
| from service, and who has
received a refund of his | 22 |
| contributions for
annuity purposes;
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| (d) The widow of an employee with less than 10 years of | 24 |
| service who
dies out of service after he has withdrawn from | 25 |
| service before he
attained age 60;
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| (e) The former wife of an employee whose judgment of | 27 |
| dissolution of
marriage has been vacated or set aside after the | 28 |
| employee's death,
unless the proceedings to vacate or set aside | 29 |
| the judgment were filed in
court within 5 years after the entry | 30 |
| thereof and within one year after
the employee's death, and | 31 |
| unless the board is made a party defendant to
such proceedings.
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| (Source: P.A. 81-1536.)
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| (40 ILCS 5/8-152.1 new)
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| Sec. 8-152.1. Widow's annuity for widow married to member | 3 |
| for at
least 10 years. Notwithstanding Section 8-152 or any | 4 |
| other provision of this
Code to the contrary, if (1) a member | 5 |
| has a spouse who would have qualified for a minimum annuity for | 6 |
| widows under Section 8-150.1 at the time of the member's | 7 |
| retirement, (2) the qualifying spouse dies, (3) the member | 8 |
| subsequently remarries, and (4) the member does not receive a | 9 |
| refund under
Section 8-169, then the member's widow shall be | 10 |
| entitled to a widow's annuity
if (i) the member dies after May | 11 |
| 1, 2004 and before November 1, 2004 and (ii) the widow was | 12 |
| married to the member for at least the last 10 years prior to | 13 |
| the
member's death. A widow who elects to receive a widow's | 14 |
| annuity under this Section is thereafter ineligible to receive | 15 |
| any other survivor's benefit under this Article. A widow who is | 16 |
| receiving any survivor's benefit under this Article is | 17 |
| thereafter ineligible to receive a widow's annuity under this | 18 |
| Section. If a widow who is receiving a widow's annuity under | 19 |
| this Section remarries, then the benefits paid to that widow | 20 |
| shall be terminated effective on the last day of the month in | 21 |
| which the widow remarries. To establish credit under this | 22 |
| Section, the widow must apply to the Fund on or before July 1, | 23 |
| 2006.
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| (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
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| Sec. 14-104. Service for which contributions permitted.
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| Contributions provided for in this Section shall cover the | 27 |
| period of
service granted. Except as otherwise provided in this | 28 |
| Section, the
contributions shall be based upon the employee's | 29 |
| compensation and
contribution rate in effect on the date he | 30 |
| last became a member of the
System; provided that for all | 31 |
| employment prior to January 1, 1969 the
contribution rate shall | 32 |
| be that in effect for a noncovered employee on
the date he last | 33 |
| became a member of the System. Except as otherwise provided
in | 34 |
| this Section, contributions permitted under this Section shall |
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| include
regular interest from the date an employee last became | 2 |
| a member of the System
to the date of payment.
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| These contributions must be paid in full before retirement | 4 |
| either in
a lump sum or in installment payments in accordance | 5 |
| with such rules as
may be adopted by the board.
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| (a) Any member may make contributions as required in this | 7 |
| Section
for any period of service, subsequent to the date of | 8 |
| establishment, but
prior to the date of membership.
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| (b) Any employee who had been previously excluded from | 10 |
| membership
because of age at entry and subsequently became | 11 |
| eligible may elect to
make contributions as required in this | 12 |
| Section for the period of service
during which he was | 13 |
| ineligible.
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| (c) An employee of the Department of Insurance who, after | 15 |
| January 1,
1944 but prior to becoming eligible for membership, | 16 |
| received salary from
funds of insurance companies in the | 17 |
| process of rehabilitation,
liquidation, conservation or | 18 |
| dissolution, may elect to make
contributions as required in | 19 |
| this Section for such service.
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| (d) Any employee who rendered service in a State office to | 21 |
| which he
was elected, or rendered service in the elective | 22 |
| office of Clerk of the
Appellate Court prior to the date he | 23 |
| became a member, may make
contributions for such service as | 24 |
| required in this Section. Any member
who served by appointment | 25 |
| of the Governor under the Civil Administrative
Code of Illinois | 26 |
| and did not participate in this System may make
contributions | 27 |
| as required in this Section for such service.
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| (e) Any person employed by the United States government or | 29 |
| any
instrumentality or agency thereof from January 1, 1942 | 30 |
| through November
15, 1946 as the result of a transfer from | 31 |
| State service by executive
order of the President of the United | 32 |
| States shall be entitled to prior
service credit covering the | 33 |
| period from January 1, 1942 through December
31, 1943 as | 34 |
| provided for in this Article and to membership service
credit | 35 |
| for the period from January 1, 1944 through November 15, 1946 | 36 |
| by
making the contributions required in this Section. A person |
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| so employed
on January 1, 1944 but whose employment began after | 2 |
| January 1, 1942 may
qualify for prior service and membership | 3 |
| service credit under the same
conditions.
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| (f) An employee of the Department of Labor of the State of | 5 |
| Illinois who
performed services for and under the supervision | 6 |
| of that Department
prior to January 1, 1944 but who was | 7 |
| compensated for those services
directly by federal funds and | 8 |
| not by a warrant of the Auditor of Public
Accounts paid by the | 9 |
| State Treasurer may establish credit for such
employment by | 10 |
| making the contributions required in this Section. An
employee | 11 |
| of the Department of Agriculture of the State of Illinois, who
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| performed services for and under the supervision of that | 13 |
| Department
prior to June 1, 1963, but was compensated for those | 14 |
| services directly
by federal funds and not paid by a warrant of | 15 |
| the Auditor of Public
Accounts paid by the State Treasurer, and | 16 |
| who did not contribute to any
other public employee retirement | 17 |
| system for such service, may establish
credit for such | 18 |
| employment by making the contributions required in this
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| Section.
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| (g) Any employee who executed a waiver of membership within
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| 60 days prior to January 1, 1944 may, at any time while in the | 22 |
| service of a
department, file with the board a rescission of | 23 |
| such waiver. Upon
making the contributions required by this | 24 |
| Section, the member shall be
granted the creditable service | 25 |
| that would have been received if the
waiver had not been | 26 |
| executed.
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| (h) Until May 1, 1990, an employee who was employed on a | 28 |
| full-time
basis by a regional planning commission for at least | 29 |
| 5 continuous years may
establish creditable service for such | 30 |
| employment by making the
contributions required under this | 31 |
| Section, provided that any credits earned
by the employee in | 32 |
| the commission's retirement plan have been terminated.
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| (i) Any person who rendered full time contractual services | 34 |
| to the General
Assembly as a member of a legislative staff may | 35 |
| establish service credit for up
to 8 years of such services by | 36 |
| making the contributions required under this
Section, provided |
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| that application therefor is made not later than July 1,
1991.
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| (j) By paying the contributions otherwise required under | 3 |
| this Section,
plus an amount determined by the Board to be | 4 |
| equal to the employer's normal
cost of the benefit plus | 5 |
| interest, but with all of the interest calculated
from the date | 6 |
| the employee last became a member of the System or November 19,
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| 1991, whichever is later, to the date of payment, an employee | 8 |
| may establish
service credit
for a period of up to 2 years | 9 |
| spent in active military service for which he
does not qualify | 10 |
| for credit under Section 14-105, provided that (1) he was
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| dishonorably discharged from such military service, and (2) the | 12 |
| amount
of service credit established by a member under this | 13 |
| subsection (j), when
added to the amount of military service | 14 |
| credit granted to the member under
subsection (b) of Section | 15 |
| 14-105, shall not exceed 5 years. The change
in the manner of | 16 |
| calculating interest under this subsection (j) made by this
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| amendatory Act of the 92nd General Assembly applies to credit | 18 |
| purchased by an
employee on or after its effective date and | 19 |
| does not entitle any person to a
refund of contributions or | 20 |
| interest already paid.
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| (k) An employee who was employed on a full-time basis by | 22 |
| the Illinois
State's Attorneys Association Statewide Appellate | 23 |
| Assistance Service
LEAA-ILEC grant project prior to the time | 24 |
| that project became the State's
Attorneys Appellate Service | 25 |
| Commission, now the Office of the State's
Attorneys Appellate | 26 |
| Prosecutor, an agency of State government, may
establish | 27 |
| creditable service for not more than 60 months service for
such | 28 |
| employment by making contributions required under this | 29 |
| Section.
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| (l) By paying the contributions otherwise required under | 31 |
| this Section,
plus an amount determined by the Board to be | 32 |
| equal to the employer's normal
cost of the benefit plus | 33 |
| interest, a member may establish service credit
for periods of | 34 |
| less than one year spent on authorized leave of absence from
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| service, provided that (1) the period of leave began on or | 36 |
| after January 1,
1982 and (2) any credit established by the |
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| member for the period of leave in
any other public employee | 2 |
| retirement system has been terminated. A member
may establish | 3 |
| service credit under this subsection for more than one period
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| of authorized leave, and in that case the total period of | 5 |
| service credit
established by the member under this subsection | 6 |
| may exceed one year. In
determining the contributions required | 7 |
| for establishing service credit under
this subsection, the | 8 |
| interest shall be calculated from the beginning of the
leave of | 9 |
| absence to the date of payment.
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| (m) Any person who rendered contractual services to a | 11 |
| member of
the General Assembly as a worker in the member's | 12 |
| district office may establish
creditable service for up to 3 | 13 |
| years of those contractual services by making
the contributions | 14 |
| required under this Section. The System shall determine a
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| full-time salary equivalent for the purpose of calculating the | 16 |
| required
contribution. To establish credit under this | 17 |
| subsection, the applicant must
apply to the System by March 1, | 18 |
| 1998.
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| (n) Any person who rendered contractual services to a | 20 |
| member of
the General Assembly as a worker providing | 21 |
| constituent services to persons in
the member's district may | 22 |
| establish
creditable service for up to 8 years of those | 23 |
| contractual services by making
the contributions required | 24 |
| under this Section. The System shall determine a
full-time | 25 |
| salary equivalent for the purpose of calculating the required
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| contribution. To establish credit under this subsection, the | 27 |
| applicant must
apply to the System by March 1, 1998.
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| (o) A member who participated in the Illinois Legislative | 29 |
| Staff
Internship Program may establish creditable service for | 30 |
| up to one year
of that participation by making the contribution | 31 |
| required under this Section.
The System shall determine a | 32 |
| full-time salary equivalent for the purpose of
calculating the | 33 |
| required contribution. Credit may not be established under
this | 34 |
| subsection for any period for which service credit is | 35 |
| established under
any other provision of this Code.
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| (p) By paying the contributions otherwise required under |
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| this Section,
plus an amount determined by the Board to be | 2 |
| equal to the employer's normal
cost of the benefit plus | 3 |
| interest, a member may establish service credit
for a period of | 4 |
| up to 8 years during which he or she was employed by the
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| Visually Handicapped Managers of Illinois in a vending program | 6 |
| operated under
a contractual agreement with the Department of | 7 |
| Rehabilitation Services or its successor agency.
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| This subsection (p) applies without regard to whether the | 9 |
| person was in service on or after the effective date of this | 10 |
| amendatory Act of the 94th General Assembly. In the case of a | 11 |
| person who is receiving a retirement annuity on that effective | 12 |
| date, the increase, if any, shall begin to accrue on the first | 13 |
| annuity payment date following receipt by the System of the | 14 |
| contributions required under this subsection (p).
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| (Source: P.A. 92-54, eff. 7-12-01.)
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| Section 90. The State Mandates Act is amended by adding | 17 |
| Section 8.29 as
follows:
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| (30 ILCS 805/8.29 new)
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| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 20 |
| of this
Act, no reimbursement by the State is required for the | 21 |
| implementation of
any mandate created by this amendatory Act of | 22 |
| the 94th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law. |
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