Full Text of HB4317 093rd General Assembly
HB4317 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4317
Introduced 2/2/2004, by Kurt M. Granberg SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/7-116 |
from Ch. 108 1/2, par. 7-116 |
40 ILCS 5/7-142 |
from Ch. 108 1/2, par. 7-142 |
40 ILCS 5/7-142.1 |
from Ch. 108 1/2, par. 7-142.1 |
40 ILCS 5/7-144.3 |
from Ch. 108 1/2, par. 7-144.3 |
40 ILCS 5/7-152 |
from Ch. 108 1/2, par. 7-152 |
40 ILCS 5/7-156 |
from Ch. 108 1/2, par. 7-156 |
40 ILCS 5/7-169 |
from Ch. 108 1/2, par. 7-169 |
40 ILCS 5/7-173.1 |
from Ch. 108 1/2, par. 7-173.1 |
30 ILCS 805/8.28 new |
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Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois
Pension Code.
Allows a sheriff's law enforcement employee (SLEP) to convert up to 10 years
of non-SLEP service credit into SLEP credit by paying the difference in
employee contributions, plus interest.
Increases the SLEP retirement formula to 2.5% of the final rate of earnings
for each year of SLEP service.
Allows a person with at least 20 years of SLEP credit to have the pension
based on his or her salary rate on the last day of SLEP service.
Compounds the 3% annual increase in retirement annuities for SLEPs who retire
on or after July 1, 2004; specifies that those retirees do not receive a
supplemental benefit payment (13th check).
Increases the basic disability benefit for a sheriff's law enforcement
employee whose disability is the result of sickness, accident, or injury
incurred in or resulting from the performance of an act of duty, from 50% to
65% of the final rate of earnings.
Increases the SLEP surviving spouse benefit to 66% of the deceased SLEP's
retirement annuity.
Removes the 2-year service requirement for earning new benefits after
a return to service as a SLEP.
Increases the additional employee contribution paid by SLEPs to 3.1% of
salary.
Also eliminates the reduction in benefit imposed on a surviving spouse who is
more than 5 years younger than the deceased member, for the surviving spouse of
any member who dies on or after the effective date.
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 |
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A BILL FOR
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HB4317 |
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LRB093 19390 LRD 45128 b |
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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
7-116, 7-142, 7-142.1, 7-144.3, 7-152, 7-156, 7-169, | 6 |
| and 7-173.1 as follows:
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| (40 ILCS 5/7-116) (from Ch. 108 1/2, par. 7-116)
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| Sec. 7-116. "Final rate of earnings":
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| (a) For retirement and survivor annuities, the monthly | 10 |
| earnings obtained
by dividing the total earnings received by | 11 |
| the employee during the period of
either (1) the 48 consecutive | 12 |
| months of service within the last 120 months of
service in | 13 |
| which his total earnings were the highest or (2) the
employee's | 14 |
| total period of service, by the number of months
of service in | 15 |
| such period.
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| (b) For death benefits, the higher of the rate determined | 17 |
| under
paragraph (a) of this Section or total earnings received | 18 |
| in the last 12 months
of service divided by twelve. If the | 19 |
| deceased employee has less than 12 months
of service, the | 20 |
| monthly final rate shall be the monthly rate of pay the
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| employee was receiving when he began service.
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| (c) For disability benefits, the total earnings of a | 23 |
| participating
employee in the last 12 calendar months of | 24 |
| service prior to the date he
becomes disabled divided by 12.
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| (d) For persons who have at least 20 years of service | 26 |
| credit as a
sheriff's law enforcement employee, the rate of | 27 |
| earnings on the last day of
service in that capacity, the | 28 |
| average rate of earnings during any 12
consecutive months | 29 |
| within the last 48 months of service in that capacity, or
the | 30 |
| rate determined under the other provisions of this Section, | 31 |
| whichever is
greater.
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| (e) In computing the final rate of earnings: (1) the |
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LRB093 19390 LRD 45128 b |
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| earnings rate for
all periods of prior service shall be | 2 |
| considered equal to the average earnings
rate for the last 3 | 3 |
| calendar years of prior service for which creditable
service is | 4 |
| received under Section 7-139 or, if there is less than 3 years | 5 |
| of
creditable prior service, the average for the total prior | 6 |
| service period
for which creditable service is received under | 7 |
| Section 7-139; (2) for out
of state service and authorized
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| leave, the earnings rate shall be the rate upon which service | 9 |
| credits are
granted; (3) periods of military leave shall not be | 10 |
| considered; (4) the
earnings rate for all periods of disability | 11 |
| shall be considered equal to
the rate of earnings upon which | 12 |
| the employee's disability benefits are
computed for such | 13 |
| periods; (5) the earnings to be considered for each of
the | 14 |
| final three months of the final earnings period shall not | 15 |
| exceed 125%
of the highest earnings of any other month in the | 16 |
| final earnings period;
and (6) the annual amount of final rate | 17 |
| of earnings shall be the monthly
amount multiplied by the | 18 |
| number of months of service normally required by
the position | 19 |
| in a year.
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| (Source: P.A. 90-448, eff. 8-16-97.)
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| (40 ILCS 5/7-142) (from Ch. 108 1/2, par. 7-142)
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| Sec. 7-142. Retirement annuities - Amount.
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| (a) The amount of a retirement annuity shall be the sum of | 24 |
| the
following, determined in accordance with the actuarial | 25 |
| tables in effect at
the time of the grant of the annuity:
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| 1. For employees with 8 or more years of service, an | 27 |
| annuity
computed pursuant to subparagraphs a or b of this | 28 |
| subparagraph 1,
whichever is the higher, and for employees | 29 |
| with less than 8 years of
service the annuity computed | 30 |
| pursuant to subparagraph a:
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| a. The monthly annuity which can be provided from | 32 |
| the total
accumulated normal, municipality and prior | 33 |
| service credits, as of the
attained age of the employee | 34 |
| on the date the annuity begins provided
that such | 35 |
| annuity shall not exceed 75% of the final rate of |
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LRB093 19390 LRD 45128 b |
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| earnings of
the employee.
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| b. (i) The monthly annuity amount determined as | 3 |
| follows by
multiplying (a) 1 2/3% for annuitants with | 4 |
| not more than 15 years or (b)
1 2/3% for the first 15 | 5 |
| years and 2% for each year in excess of 15 years
for | 6 |
| annuitants with more than 15 years by the number of | 7 |
| years plus
fractional years, prorated on a basis of | 8 |
| months, of creditable service
and multiply the product | 9 |
| thereof by the employee's final rate of earnings.
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| (ii) For the sole purpose of computing the formula | 11 |
| (and not for the
purposes of the limitations | 12 |
| hereinafter stated) $125 shall be considered
the final | 13 |
| rate of earnings in all cases where the final rate of | 14 |
| earnings
is less than such amount.
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| (iii) The monthly annuity computed in accordance | 16 |
| with this
subparagraph b, shall not exceed an amount | 17 |
| equal to 75% of the final
rate of earnings.
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| (iv) For employees who have less than 35 years of | 19 |
| service, the
annuity computed in accordance with this | 20 |
| subparagraph b (as reduced by
application of | 21 |
| subparagraph (iii)
above) shall be reduced by 0.25% | 22 |
| thereof (0.5% if service was terminated
before January | 23 |
| 1, 1988) for each month or fraction thereof (1) that | 24 |
| the
employee's age is less than 60 years, or (2) if the | 25 |
| employee has at least
30 years of service credit, that | 26 |
| the employee's service credit is less than
35 years, | 27 |
| whichever is less, on the date the annuity begins.
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| 2. The annuity which can be provided from the total | 29 |
| accumulated
additional credits as of the attained age of | 30 |
| the employee on the date
the annuity begins.
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| (b) If payment of an annuity begins prior to the earliest | 32 |
| age at
which the employee will become eligible for an old age | 33 |
| insurance benefit
under the Federal Social Security Act, he may | 34 |
| elect that the annuity
payments from this fund shall exceed | 35 |
| those payable after his attaining
such age by an amount, | 36 |
| computed as determined by rules of the Board, but
not in excess |
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| of his estimated Social Security Benefit, determined as
of the | 2 |
| effective date of the annuity, provided that in no case shall | 3 |
| the
total annuity payments made by this fund exceed in | 4 |
| actuarial value the
annuity which would have been payable had | 5 |
| no such election been made.
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| (c) The retirement annuity shall be increased each year by | 7 |
| 2%, not
compounded, of the monthly amount of annuity, taking | 8 |
| into consideration
any adjustment under paragraph (b) of this | 9 |
| Section. This increase shall
be effective each January 1 and | 10 |
| computed from the effective date of the
retirement annuity, the | 11 |
| first increase being 0.167%
.167% of the
monthly amount times | 12 |
| the number of months from the effective date to January
1. | 13 |
| Beginning January 1, 1984 and thereafter , the retirement | 14 |
| annuity
(including any retirement annuity calculated under | 15 |
| Section 7-142.1 or
7-145.1) shall be increased by 3% each year, | 16 |
| not compounded ; except that
for a person who retires on or | 17 |
| after July 1, 2004 with a retirement annuity
calculated under | 18 |
| Section 7-142.1 (or under Section 7-145.1, if the annuitant
was | 19 |
| otherwise eligible to have the retirement annuity calculated | 20 |
| under Section
7-142.1), the annual increases under this Section | 21 |
| shall be 3% of the total
amount of the retirement annuity | 22 |
| payable at the time of the increase, including
any increases | 23 |
| previously granted under this Article .
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| This increase shall not be applicable to annuitants who are | 25 |
| not in service
on or after September 8, 1971.
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| (Source: P.A. 91-357, eff. 7-29-99.)
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| (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1)
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| Sec. 7-142.1. Sheriff's law enforcement employees.
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| (a) In lieu of the retirement annuity provided by | 30 |
| subparagraph 1 of
paragraph (a) of Section 7-142:
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| Any sheriff's law enforcement employee who
has 20 or more | 32 |
| years of service in that capacity and who terminates
service | 33 |
| prior to January 1, 1988 shall be entitled at his
option to | 34 |
| receive a monthly retirement annuity for his service as a
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| sheriff's law enforcement employee computed by multiplying 2% |
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LRB093 19390 LRD 45128 b |
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| for each year
of such service up to 10 years, 2 1/4% for each | 2 |
| year
of such service above 10 years and up to 20 years, and
2 | 3 |
| 1/2% for each year of such service above
20 years, by his | 4 |
| annual final rate of earnings and dividing by 12.
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| Any sheriff's law enforcement employee who has 20 or more | 6 |
| years of
service in that capacity and who terminates service on | 7 |
| or after January 1,
1988 and before July 1, 2004 shall be | 8 |
| entitled at his option to receive
a monthly retirement
annuity | 9 |
| for his service as a sheriff's law enforcement employee | 10 |
| computed by
multiplying 2.5% for each year of such service up | 11 |
| to 20 years, 2% for each
year of such service above 20 years | 12 |
| and up to 30 years, and 1% for each
year of such service above | 13 |
| 30 years, by his annual final rate of earnings
and dividing by | 14 |
| 12.
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| Any sheriff's law enforcement employee who has 20 or more | 16 |
| years of
service in that capacity and who terminates service on | 17 |
| or after July 1,
2004 shall be entitled at his or her option to | 18 |
| receive a monthly retirement
annuity for service as a sheriff's | 19 |
| law enforcement employee computed by
multiplying 2.5% for each | 20 |
| year of such service by his annual final rate of
earnings and | 21 |
| dividing by 12.
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| If a sheriff's law enforcement employee has service in any | 23 |
| other
capacity, his retirement annuity for service as a | 24 |
| sheriff's law enforcement
employee may be computed under this | 25 |
| Section and the retirement annuity for
his other service under | 26 |
| Section 7-142.
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| In no case shall the total monthly retirement annuity | 28 |
| exceed 75% of the
monthly final rate of earnings.
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| (b) Whenever continued group insurance coverage is elected | 30 |
| in accordance
with the provisions of Section 367h of the | 31 |
| Illinois Insurance Code, as now
or hereafter amended, the total | 32 |
| monthly premium for such continued group
insurance coverage or | 33 |
| such portion thereof as is not paid
by the municipality shall, | 34 |
| upon request of the person electing such
continued group | 35 |
| insurance coverage, be deducted from any monthly pension
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| benefit otherwise payable to such person pursuant to this |
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LRB093 19390 LRD 45128 b |
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| Section, to be
remitted by the Fund to the insurance company
or | 2 |
| other entity providing the group insurance coverage.
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| (c) A sheriff's law enforcement employee who has service in | 4 |
| any other
capacity may convert up to 10 years of that service | 5 |
| into service as a sheriff's
law enforcement employee by paying | 6 |
| to the Fund an amount equal to the
additional contribution | 7 |
| required under Section 7-173.1, plus interest at the
prescribed | 8 |
| rate from the date of the service to the date of payment.
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| (Source: P.A. 85-941.)
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| (40 ILCS 5/7-144.3) (from Ch. 108 1/2, par. 7-144.3)
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| Sec. 7-144.3. Supplemental benefit payment.
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| (a) A supplemental benefit payment, consisting of a sum | 13 |
| calculated as
provided in subsection (c), shall be payable to | 14 |
| each eligible retirement
annuitant and surviving spouse | 15 |
| annuitant on July 1, 1993, and on each
subsequent July 1 . ; | 16 |
| except that if this Code is amended to change the
uncompounded | 17 |
| annual increase in retirement annuity granted in subsection
(c) | 18 |
| of Section 7-142 to a compounded annual increase, No | 19 |
| supplemental
benefit shall be paid under this Section to a | 20 |
| person who retires on or
after July 1, 2004 with a retirement | 21 |
| annuity calculated under Section
7-142.1 (or under Section | 22 |
| 7-145.1, if the annuitant was otherwise eligible
to have the | 23 |
| retirement annuity calculated under Section 7-142.1); but this
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| exclusion does not apply to the surviving spouses of those | 25 |
| persons
on any
July 1 occurring on or after the effective date | 26 |
| of that amendment . The
amount of the supplemental benefit | 27 |
| payment, and a person's eligibility to
receive the supplemental | 28 |
| benefit payment, shall be redetermined for each year
in which | 29 |
| the benefit is payable.
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| (b) To be eligible to receive a supplemental benefit | 31 |
| payment, a person
must be entitled to receive a retirement | 32 |
| annuity or surviving spouse
annuity from the Fund on the July 1 | 33 |
| supplemental benefit payment date,
and must have been receiving | 34 |
| that annuity during each of the 12 months
immediately preceding | 35 |
| that date; except that a surviving spouse annuitant
whose |
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| surviving spouse annuity began less than one year before the | 2 |
| July 1
supplemental benefit payment date shall be eligible if | 3 |
| the deceased spouse
received a retirement annuity from the Fund | 4 |
| during the period from the
previous July 1 until the start of | 5 |
| the surviving spouse annuity.
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| (c) The amount of the supplemental benefit payment shall be | 7 |
| determined
by the Board as follows:
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| (1) The total amount available for the payment of | 9 |
| supplemental benefit
payments under this Section in any | 10 |
| year shall be 0.62% of the last annual
participating | 11 |
| payroll for all participating municipalities and | 12 |
| participating
instrumentalities in the Fund, as determined | 13 |
| and reconciled by the Fund.
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| (2) The amount of the supplemental benefit payment to | 15 |
| each eligible
person shall be a portion of the total amount | 16 |
| available under paragraph
(1), equal to that portion of the | 17 |
| total amount payable by the Fund to all
eligible persons | 18 |
| for retirement and surviving spouse annuities in the June
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| preceding the July 1 supplemental benefit payment date, | 20 |
| that is payable to
the eligible person in that month.
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| (3) Notwithstanding paragraph (2), the amount of any | 22 |
| supplemental
benefit payment paid to an annuitant under | 23 |
| this Section shall not
exceed any benefit limitations | 24 |
| established by the federal government for
qualified public | 25 |
| pension plans.
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| (Source: P.A. 87-850.)
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| (40 ILCS 5/7-152) (from Ch. 108 1/2, par. 7-152)
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| Sec. 7-152. Disability benefits - Amount. The amount of | 29 |
| the monthly
temporary and total and permanent disability | 30 |
| benefits shall be 50% of the
participating employee's final | 31 |
| rate of earnings on the date disability was
incurred, subject | 32 |
| to the following adjustments:
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| (a) If the participating employee has a reduced rate of | 34 |
| earnings at the
time his employment ceases because of | 35 |
| disability, the rate of earnings shall
be computed on the basis |
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| of his last 12 month period of full-time employment.
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| (b) If the participating employee is eligible for a | 3 |
| disability benefit
under the federal Social Security Act, the | 4 |
| amount of monthly disability
benefits shall be reduced, but not | 5 |
| to less than $10 a month, by the amount
he would be eligible to | 6 |
| receive as a disability benefit under the federal
Social | 7 |
| Security Act, whether or not because of service as a covered | 8 |
| employee
under this Article. The reduction shall be effective | 9 |
| as of the month the
employee is eligible for Social Security | 10 |
| disability benefits. The Board
may make such reduction if it | 11 |
| appears that the employee may be so eligible
pending | 12 |
| determination of eligibility and make an appropriate | 13 |
| adjustment
if necessary after such determination. If the | 14 |
| employee, because of his
refusal to accept rehabilitation | 15 |
| services under the federal Rehabilitation
Act of 1973 or the | 16 |
| federal Social Security Act, or because he is receiving
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| workers' compensation benefits, has his Social Security | 18 |
| benefits reduced or
terminated, the disability benefit shall be | 19 |
| reduced as if the employee were
receiving his full Social | 20 |
| Security disability benefit.
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| (c) If the employee (i) is over the age for a full Social | 22 |
| Security
old-age insurance benefit, (ii) was not eligible for a | 23 |
| Social Security
disability benefit immediately before reaching | 24 |
| that age, and (iii)
is eligible for a full Social Security | 25 |
| old-age insurance
benefit, then the amount of the monthly | 26 |
| disability benefit shall be
reduced, but not to less than $10 a | 27 |
| month, by the amount of the old-age
insurance benefit to which | 28 |
| the employee is entitled, whether or not the
employee applies | 29 |
| for the Social Security old-age insurance benefit. This
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| reduction shall be made in the month after the month in which | 31 |
| the employee
attains the age for a full Social Security old-age | 32 |
| insurance benefit.
However, if the employee was receiving a | 33 |
| Social Security disability
benefit before reaching the age for | 34 |
| a full Social Security old-age
insurance benefit, the | 35 |
| disability benefits after that age
shall be determined under | 36 |
| subsection (b) of this Section.
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LRB093 19390 LRD 45128 b |
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| (d) The amount of disability benefits shall not be reduced | 2 |
| by reason of
any increase, other than one resulting from a | 3 |
| correction in the employee's
wage records, in the amount of | 4 |
| disability or old-age insurance benefits
under the federal | 5 |
| Social Security Act which takes effect after the month
of the | 6 |
| initial reduction under paragraph (b) or (c) of this Section.
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| (e) If the employee in any month receives compensation from | 8 |
| gainful
employment which is more than 25% of the final rate of | 9 |
| earnings on which
his disability benefits are based, the | 10 |
| temporary disability benefit payable
for that month shall be | 11 |
| reduced by an amount equal to such excess.
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| (f) An employee who has been disabled for at least 30 days | 13 |
| may return to
work for the employer on a part-time basis for a | 14 |
| trial work period of up to
one year, during which the | 15 |
| disability shall be deemed to continue. Service
credit shall | 16 |
| continue to accrue and the disability benefit shall continue
to | 17 |
| be paid during the trial work period, but the benefit shall be | 18 |
| reduced
by the amount of earnings received by the disabled | 19 |
| employee. Return to
service on a full-time basis shall | 20 |
| terminate the trial work period. The
reduction under this | 21 |
| subsection (f) shall be in lieu of the reduction, if
any, | 22 |
| required under subsection (e).
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| (g) Beginning January 1, 1988, every total and permanent | 24 |
| disability benefit
shall be increased by 3% of the original | 25 |
| amount of the benefit, not
compounded, on each January 1 | 26 |
| following the later of (1) the date the total
and permanent | 27 |
| disability benefit begins, or (2) the date the total and
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| permanent disability benefit would have begun if the employee | 29 |
| had been paid
a temporary disability benefit for 30 months.
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| (h) Beginning July 1, 2004, the basic disability benefit | 31 |
| for a
sheriff's law enforcement employee whose disability is | 32 |
| the result of sickness,
accident, or injury incurred in or | 33 |
| resulting from the performance of an act of
duty shall be 65% | 34 |
| of the employee's final rate of earnings on the date the
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| disability was incurred, rather than the 50% otherwise provided | 36 |
| under this
Section. A sheriff's law enforcement employee who |
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LRB093 19390 LRD 45128 b |
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| meets the requirement of
this subsection (h) and is receiving a | 2 |
| disability benefit on that date shall
have the benefit | 3 |
| increased accordingly.
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| (Source: P.A. 92-424, eff. 8-17-01.)
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| (40 ILCS 5/7-156) (from Ch. 108 1/2, par. 7-156)
| 6 |
| Sec. 7-156. Surviving spouse annuities - amount.
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| (a) The amount of surviving spouse annuity shall be:
| 8 |
| 1. Upon the death of an employee annuitant or such person | 9 |
| entitled, upon
application, to a retirement annuity at date of | 10 |
| death, (i) an amount equal
to 1/2 of the retirement annuity (in | 11 |
| the case of such a person who dies on
or after July 1, 2004 with | 12 |
| at least 20 years of service as a sheriff's law
enforcement | 13 |
| employee, 66% of the retirement annuity ) which was or would
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| have been payable exclusive of the amount so payable which was | 15 |
| provided from
additional credits, and disregarding any | 16 |
| election made under paragraph (b) of
Section 7-142, plus (ii) | 17 |
| an annuity which could be provided at the then
attained age of | 18 |
| the surviving spouse and under actuarial tables then in effect,
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| from the excess of the additional credits, (excluding any such | 20 |
| credits used to
create a reversionary annuity) used to provide | 21 |
| the annuity granted pursuant to
paragraph (a) (2) of Section | 22 |
| 7-142 of this article over the total annuity
payments made | 23 |
| pursuant thereto.
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| 2. Upon the death of a participating employee on or after | 25 |
| attainment of
age 55, an amount equal to 1/2 of the retirement | 26 |
| annuity (in the case of such
a person who dies on or after July | 27 |
| 1, 2004 with at least 20 years of service
as a sheriff's law | 28 |
| enforcement employee, 66% of the retirement annuity )
which he | 29 |
| could have had as of the date of death had he then retired and | 30 |
| applied
for annuity, exclusive of the portion thereof which | 31 |
| could have been provided
from additional credits, and | 32 |
| disregarding paragraph (b) of Section 7-142,
plus an amount | 33 |
| equal to the annuity which could be provided from the total
of | 34 |
| his accumulated additional credits at date of death, on the | 35 |
| basis of the
attained age of the surviving spouse on such date.
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| 3. Upon the death of a participating employee before age | 2 |
| 55, an amount equal
to 1/2 of the retirement annuity (in the | 3 |
| case of such a person who dies on
or after July 1, 2004 with at | 4 |
| least 20 years of service as a sheriff's law
enforcement | 5 |
| employee, 66% of the retirement annuity ) which he could have | 6 |
| had
as of his attained age on the date of death, had he then | 7 |
| retired and applied
for annuity, and the provisions of this | 8 |
| Article that no such annuity shall
begin until the employee has | 9 |
| attained at least age 55 were not applicable,
exclusive of the | 10 |
| portion thereof which could have been provided from
additional | 11 |
| credits and disregarding paragraph (b) of Section 7-142, plus | 12 |
| an
amount equal to the annuity which could be provided from the | 13 |
| total of his
accumulated additional credits at date of death, | 14 |
| on the basis of the
attained age of the surviving spouse on | 15 |
| such date.
| 16 |
| In the case of the surviving spouse of a person who dies | 17 |
| before the
effective date of this amendatory Act of the 93rd | 18 |
| General Assembly, if
the
a surviving spouse is more than 5 | 19 |
| years younger than the deceased,
that portion of the annuity | 20 |
| which is not based on additional credits shall
be reduced in | 21 |
| the ratio of the value of a life annuity of $1 per year at an
| 22 |
| age of 5 years less than the attained age of the deceased, at | 23 |
| the earlier
of the date of the death or the date his retirement | 24 |
| annuity begins, to the
value of a life annuity of $1 per year | 25 |
| at the attained age of the surviving
spouse on such date, | 26 |
| according to actuarial tables approved by the Board.
This | 27 |
| reduction does not apply to the surviving spouse of a person | 28 |
| who dies
on or after the effective date of this amendatory Act | 29 |
| of the 93rd General
Assembly.
| 30 |
| In computing the amount of a surviving spouse annuity, | 31 |
| incremental increases
of retirement annuities to the date of | 32 |
| death of the employee annuitant shall be
considered.
| 33 |
| (b) Each surviving spouse annuity payable on January 1, | 34 |
| 1988 shall be
increased on that date by 3% of the original | 35 |
| amount of the annuity. Each
surviving spouse annuity that | 36 |
| begins after January 1, 1988 shall be
increased on the January |
|
|
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| 1 |
| 1 next occurring after the annuity begins, by an
amount equal | 2 |
| to (i) 3% of the original amount thereof if the deceased
| 3 |
| employee was receiving a retirement annuity at the time of his | 4 |
| death; otherwise
(ii) 0.167% of the original amount thereof for | 5 |
| each complete
month which has elapsed since the date the | 6 |
| annuity began.
| 7 |
| On each January 1 after the date of the initial increase | 8 |
| under this
subsection, each surviving spouse annuity shall be | 9 |
| increased by 3% of the
originally granted amount of the | 10 |
| annuity.
| 11 |
| (Source: P.A. 85-941.)
| 12 |
| (40 ILCS 5/7-169) (from Ch. 108 1/2, par. 7-169)
| 13 |
| Sec. 7-169. Separation benefits ; repayments. If an | 14 |
| employee who has
received a separation benefit subsequently | 15 |
| becomes a participating employee,
and renders at least 2 years | 16 |
| of contributing service from the date of such
re-entry, he may | 17 |
| pay to the fund the amount of the separation benefit, plus
| 18 |
| interest at the effective rate for each year from the date of | 19 |
| payment of the
separation benefit to the date of repayment. | 20 |
| Upon payment his creditable
service shall be reinstated and the | 21 |
| payment shall be credited to his account
as normal | 22 |
| contributions. Beginning July 1, 2004, the requirement of
| 23 |
| returning to service for at least 2 years does not apply to | 24 |
| persons who return
to service as a sheriff's law enforcement | 25 |
| employee.
| 26 |
| (Source: P.A. 84-1028.)
| 27 |
| (40 ILCS 5/7-173.1) (from Ch. 108 1/2, par. 7-173.1)
| 28 |
| Sec. 7-173.1. Additional contribution by sheriff's law | 29 |
| enforcement
employees.
| 30 |
| (a) Each sheriff's law enforcement employee shall make an | 31 |
| additional
contribution of 1% of earnings, which shall be | 32 |
| considered as normal
contributions. For earnings on or after | 33 |
| July 1, 1988, the additional
contribution shall be 2% of | 34 |
| earnings. For earnings on or after July 1,
2004, the additional |
|
|
|
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LRB093 19390 LRD 45128 b |
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| 1 |
| contribution shall be 3.1% of earnings; this increase
is | 2 |
| intended to defray the employee's portion of the cost of the | 3 |
| benefit
increases provided by this amendatory Act of the 93rd | 4 |
| General Assembly.
| 5 |
| This additional contribution shall be payable for | 6 |
| retroactive service periods
which the employee elects to | 7 |
| establish and to periods of authorized leave of
absence.
| 8 |
| (b) If the employee is awarded a retirement annuity under | 9 |
| Section
7-142 and not under Section 7-142.1, then the | 10 |
| additional contribution required
under this Section shall be | 11 |
| refunded with interest or paid as provided in
subsection (c). | 12 |
| If the employee returns to a participating status as a
| 13 |
| sheriff's law enforcement employee, the employee may repay the | 14 |
| amount refunded
with interest and upon subsequent retirement be | 15 |
| entitled to a recomputation of
the retirement annuity under | 16 |
| Section 7-142.1 if the total service as a
sheriff's law | 17 |
| enforcement employee meets the requirements of that Section.
| 18 |
| (c) Instead of a refund under subsection (b), the retiring | 19 |
| employee may
elect to convert the amount of the refund into an | 20 |
| annuity, payable
separately from the retirement annuity. If the | 21 |
| annuitant dies before the
guaranteed amount has been | 22 |
| distributed, the remainder shall be paid in a lump
sum to the | 23 |
| designated beneficiary of the annuitant. The Board shall adopt | 24 |
| any
rules necessary for the implementation of this subsection.
| 25 |
| (Source: P.A. 90-766, eff. 8-14-98.)
| 26 |
| Section 90. The State Mandates Act is amended by adding | 27 |
| Section 8.28 as
follows:
| 28 |
| (30 ILCS 805/8.28 new)
| 29 |
| Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | 30 |
| of this
Act, no reimbursement by the State is required for the | 31 |
| implementation of
any mandate created by this amendatory Act of | 32 |
| the 93rd General Assembly.
| 33 |
| Section 99. Effective date. This Act takes effect upon |
|
|
|
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| becoming law.
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|