Full Text of HB2241 98th General Assembly
HB2241 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2241 Introduced , by Rep. Raymond Poe SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/7-154 | from Ch. 108 1/2, par. 7-154 | 40 ILCS 5/7-222 | from Ch. 108 1/2, par. 7-222 | 30 ILCS 805/8.37 new | |
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Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Specifies that in order to be eligible for a surviving spouse annuity the spouse of the annuitant must meet a specific eligibility requirement no matter whether the annuitant was in service on or after the effective date of the amendatory Act or the effective date of Public Act 87-850. Removes a provision that required survivor annuities to be offset by workers' compensation benefits. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | PENSION IMPACT NOTE ACT MAY APPLY | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | 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 7-154 and 7-222 as follows:
| 6 | | (40 ILCS 5/7-154) (from Ch. 108 1/2, par. 7-154)
| 7 | | Sec. 7-154. Surviving spouse annuities - Eligibility.
| 8 | | (a) A surviving spouse annuity shall be payable to the | 9 | | eligible
surviving spouse of a participating employee, an | 10 | | employee annuitant, or a
person who on the date of death would | 11 | | have been entitled to a retirement
annuity, had he applied for | 12 | | such annuity, and who dies at any time when a
surviving spouse | 13 | | annuity equals at least $5 per month, provided:
| 14 | | (1) The surviving spouse (i) was married to the
| 15 | | participating employee for at least one year on the date of
| 16 | | death, or (ii) was married to the annuitant or person | 17 | | entitled to a
retirement annuity for at least one year | 18 | | prior to the date of
termination of service, or (iii) was | 19 | | married to the deceased annuitant
for at least one year on | 20 | | the date of the deceased annuitant's death, if at
the time | 21 | | of termination of service the deceased annuitant was | 22 | | married for
at least one year to a spouse who does not | 23 | | survive the deceased annuitant. (Item (iii) applies to the |
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| 1 | | spouses of annuitants who die on or after the effective | 2 | | date of this amendatory Act of the 98th General Assembly, | 3 | | notwithstanding whether the annuitant was in service on or | 4 | | after that effective date or the effective date of Public | 5 | | Act 87-850.)
| 6 | | (2) The male deceased employee annuitant or such other
| 7 | | person entitled to a retirement annuity had contributed to | 8 | | this fund for
surviving spouse annuity purposes for at | 9 | | least 1 year or continuously since
the effective date of | 10 | | the participating municipality or participating
| 11 | | instrumentality.
| 12 | | (3) The female deceased employee annuitant or such | 13 | | other
person entitled to a retirement annuity was in | 14 | | service on or after July 27,
1972, provided that the | 15 | | annuity shall not be computed on the basis of any
| 16 | | retirement annuity effective before that date.
| 17 | | (4) If the employee dies before termination of service,
| 18 | | the employee did not exclude the spouse from any
death | 19 | | benefit or surviving spouse annuity pursuant to subsection | 20 | | (b) of
Section 7-118. A designation of beneficiary naming a | 21 | | spouse and children
jointly or a trust pursuant to | 22 | | subsection (b) of Section 7-118 shall
preclude payment of a | 23 | | surviving spouse annuity.
| 24 | | (b) If a person is the spouse of a retiring participating
| 25 | | employee on the date of the initial payment of a retirement | 26 | | annuity and is
qualified to receive a surviving spouse annuity |
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| 1 | | upon the death of the
employee and the surviving spouse | 2 | | contributions are not refunded to the
employee, then a | 3 | | surviving spouse annuity shall be payable to that person
even | 4 | | if the marriage to the employee is dissolved after that date.
| 5 | | (c) Eligibility of a surviving spouse shall be determined | 6 | | as of the
date of death. Only one surviving spouse annuity | 7 | | shall be paid on
account of the death of any employee.
| 8 | | (Source: P.A. 87-740; 87-850.)
| 9 | | (40 ILCS 5/7-222) (from Ch. 108 1/2, par. 7-222)
| 10 | | Sec. 7-222.
Reduction of disability and survivor's | 11 | | benefits on
account of corresponding benefits payable under the | 12 | | Workers'
Compensation Act and the Workers' Occupational | 13 | | Diseases Act. Whenever
any person is entitled to a disability | 14 | | or survivors benefit under this
Article and to benefits under | 15 | | the Workers' Compensation Act or the
Workers' Occupational | 16 | | Diseases Act in relation to the same injury or
disease, the | 17 | | monthly benefits payable under this Article shall be
reduced by | 18 | | the amount of any such benefits payable under either of those
| 19 | | Acts, except payments for medical, surgical and hospital | 20 | | services,
non-medical remedial care and treatment rendered in | 21 | | accordance with a
religious method of healing recognized by the | 22 | | laws of this State, and
for artificial members or appliances, | 23 | | and fixed statutory payments for
the loss of or the permanent | 24 | | and complete loss of the use of any bodily
member, provided | 25 | | that the monthly benefit payable under this Article
shall not |
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| 1 | | be reduced to less than $10 per month. If the benefits
| 2 | | deductible under this paragraph are stated in a weekly amount, | 3 | | the
monthly amount for the purposes of this Section shall be 4 | 4 | | 1/3 times the
weekly amount.
| 5 | | (Source: P.A. 81-992.)
| 6 | | Section 90. The State Mandates Act is amended by adding | 7 | | Section 8.37 as follows: | 8 | | (30 ILCS 805/8.37 new) | 9 | | Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8 | 10 | | of this Act, no reimbursement by the State is required for the | 11 | | implementation of any mandate created by this amendatory Act of | 12 | | the 98th General Assembly.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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