Full Text of SB2817 99th General Assembly
SB2817enr 99TH GENERAL ASSEMBLY |
| | SB2817 Enrolled | | LRB099 19804 RPS 44203 b |
|
| 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 9-158, 9-166, and 9-179.2 and by adding Sections | 6 | | 9-108.3 and 9-241 as follows: | 7 | | (40 ILCS 5/9-108.3 new) | 8 | | Sec. 9-108.3. In service. | 9 | | "In service": Any period during which contributions are | 10 | | being made to the Fund on behalf of an employee.
| 11 | | (40 ILCS 5/9-158) (from Ch. 108 1/2, par. 9-158)
| 12 | | Sec. 9-158. Proof of disability, duty and ordinary. Proof | 13 | | of duty or ordinary disability shall be furnished to the board | 14 | | by
at least one licensed and practicing physician appointed by | 15 | | the board , except that this requirement may be waived by the | 16 | | board for proof of duty disability if the employee has been | 17 | | compensated by the county for such disability or specific loss | 18 | | under the Workers' Compensation Act or Workers' Occupational | 19 | | Diseases Act. The physician requirement may also be waived by | 20 | | the board for ordinary disability maternity claims of up to 8 | 21 | | weeks . With respect to duty disability, satisfactory proof must | 22 | | be provided to the board that the final adjudication of the |
| | | SB2817 Enrolled | - 2 - | LRB099 19804 RPS 44203 b |
|
| 1 | | claim required under subsection (d) of Section 9-159 | 2 | | established that the disability or death resulted from an | 3 | | injury incurred in the performance of an act or acts of duty. | 4 | | The
board may require other evidence of disability. Each | 5 | | disabled employee who
receives duty or ordinary disability | 6 | | benefit shall be examined at least
once a year by one or more | 7 | | licensed and practicing physicians appointed by
the board. When | 8 | | the disability ceases, the board shall discontinue payment
of | 9 | | the benefit and the employee shall be returned to active | 10 | | service .
| 11 | | (Source: P.A. 95-1036, eff. 2-17-09.)
| 12 | | (40 ILCS 5/9-166) (from Ch. 108 1/2, par. 9-166)
| 13 | | Sec. 9-166. Refunds - When paid to beneficiary, children or | 14 | | estate. Whenever the total amount accumulated to the account of | 15 | | a deceased
employee from employee contributions for
annuity | 16 | | purposes, and from
employee contributions applied to any county | 17 | | pension fund superseded by
this fund, have not been paid to | 18 | | him, and in the case of a married male
employee to the employee | 19 | | and his widow together, in form of annuity or
refund before the | 20 | | death of the last of such persons, a refund shall be
payable as | 21 | | follows:
| 22 | | An amount equal to the excess of such amounts over the | 23 | | amounts paid
on any annuity or annuities or refund, without | 24 | | interest upon either of
such amounts, shall be refunded to a | 25 | | beneficiary theretofore designated
by the employee in writing, |
| | | SB2817 Enrolled | - 3 - | LRB099 19804 RPS 44203 b |
|
| 1 | | signed by him before an officer authorized
to administer oaths , | 2 | | and filed with the board before the employee's
death.
| 3 | | If there is no designated beneficiary or the beneficiary | 4 | | does not
survive the employee, the amount shall be refunded to | 5 | | the employee's
children, in equal parts with the children of a | 6 | | deceased child taking
the share of their parent. If there is no | 7 | | designated beneficiary or
children, the refund shall be paid to | 8 | | the administrator or executor of
the employee's estate.
| 9 | | If an administrator or executor of the estate has not been | 10 | | appointed
within 90 days from the date the refund became | 11 | | payable the refund may be
applied in the discretion of the | 12 | | board toward the payment of the
employee's burial expenses. Any | 13 | | remaining balance shall be paid to the
heirs of the employee | 14 | | according to the law of descent and distribution
of this state | 15 | | but assuming for the purpose of such payment of refund and
| 16 | | determination of heirs that the deceased male employee left no | 17 | | widow
surviving in those cases where a widow eligible for | 18 | | widow's annuity as
his widow survived him and subsequently | 19 | | died; provided,
| 20 | | (a) that if any child or children of the employee are | 21 | | less than age
18, such part or all of any such amount | 22 | | necessary to pay annuities to
them shall not be refunded as | 23 | | hereinbefore stated; and provided further,
| 24 | | (b) that if a reversionary annuity becomes payable as | 25 | | provided in
Section 9-135 such refund shall not be paid | 26 | | until the death of the
reversionary annuitant, and the |
| | | SB2817 Enrolled | - 4 - | LRB099 19804 RPS 44203 b |
|
| 1 | | refund otherwise payable under this
section shall then | 2 | | first further be reduced by the total amount of the
| 3 | | reversionary annuity paid.
| 4 | | (Source: P.A. 95-369, eff. 8-23-07.)
| 5 | | (40 ILCS 5/9-179.2) (from Ch. 108 1/2, par. 9-179.2)
| 6 | | Sec. 9-179.2.
Other governmental service-Former County
| 7 | | Service. Any employee who first becomes a contributor before | 8 | | the effective date of this amendatory Act of the 99th General | 9 | | Assembly, who has rendered service to any
"governmental unit" | 10 | | as such term is defined in the
"Retirement Systems Reciprocal | 11 | | Act" under Article 20 of the
Illinois Pension Code, who did not | 12 | | contribute to the retirement
system of such "governmental | 13 | | unit", including the retirement
system created by this Article | 14 | | 9 of the Illinois Pension code,
for such service because of | 15 | | ineligibility for participation and
has no equity or rights in | 16 | | such retirement system because of
such service shall be given | 17 | | credit for such service in this
fund, provided:
| 18 | | (a) The employee shall pay to this fund, while in the
| 19 | | service of such county, or while in the service of a
| 20 | | governmental unit whose retirement system has adopted the
| 21 | | "Retirement Systems Reciprocal Act", such amounts, including
| 22 | | interest at the effective rate, as he would have paid to this
| 23 | | fund, on the basis of his salary in effect during the service
| 24 | | rendered to such other "governmental unit" at the rates
| 25 | | prescribed in this Article 9 for the periods
of such service to |
| | | SB2817 Enrolled | - 5 - | LRB099 19804 RPS 44203 b |
|
| 1 | | the end that such service shall be
considered as service | 2 | | rendered to such county, with all the
rights and
conditions | 3 | | attaching to such service
and payments; and (b) this Section | 4 | | shall not be applicable to
any period of such service for which | 5 | | the employee retains credit
in any other public annuity and | 6 | | benefit fund established by Act
of the Legislature of this | 7 | | State and in operation for employees
of such other | 8 | | "governmental unit" from which such employee was
transferred.
| 9 | | (Source: P.A. 90-655, eff. 7-30-98.)
| 10 | | (40 ILCS 5/9-241 new) | 11 | | Sec. 9-241. Mistake in benefit. If the Fund mistakenly sets | 12 | | any benefit at an incorrect amount, it shall recalculate the | 13 | | benefit as soon as may be practicable after the mistake is | 14 | | discovered. | 15 | | If the benefit was mistakenly set too low, the Fund shall | 16 | | make a lump sum payment to the recipient of an amount equal to | 17 | | the difference between the benefits that should have been paid | 18 | | and those actually paid, without interest. | 19 | | If the benefit was mistakenly set too high, the Fund may | 20 | | recover the amount overpaid from the recipient thereof, either | 21 | | directly or by deducting such amount from the remaining | 22 | | benefits payable to the recipient, without interest. If the | 23 | | overpayment is recovered by deductions from the remaining | 24 | | benefits payable to the recipient, the monthly deduction shall | 25 | | not exceed 10% of the corrected monthly benefit unless |
| | | SB2817 Enrolled | - 6 - | LRB099 19804 RPS 44203 b |
|
| 1 | | otherwise indicated by the recipient. However, if (1) the | 2 | | amount of the benefit was mistakenly set too high, and (2) the | 3 | | error was undiscovered for 3 years or longer, and (3) the error | 4 | | was not the result of incorrect information supplied by the | 5 | | employer, the affected participant, or any beneficiary, then | 6 | | upon discovery of the mistake the benefit shall be adjusted to | 7 | | the correct level, but the recipient of the benefit need not | 8 | | repay to the Fund the excess amounts received in error. | 9 | | This Section applies to all mistakes in benefit | 10 | | calculations that occur before, on, or after the effective date | 11 | | of this amendatory Act of the 99th General Assembly.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
|
|