Full Text of HB4330 96th General Assembly
HB4330 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4330
Introduced 2/27/2009, by Rep. Dennis M. Reboletti SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/18-123 |
from Ch. 108 1/2, par. 18-123 |
40 ILCS 5/18-169 |
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Amends the Judges Article of the Illinois Pension Code. Provides that a married participant who elected not to participate in the survivor's
annuity provisions and who is still a judge may elect to participate therein
by filing with the Board before July 1, 2011 a written recision
of the election not to participate. Includes language exempting any benefit increase as a result from the new benefit increase provisions. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
PENSION IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB4330 |
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LRB096 11779 AMC 22562 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 18-123 and 18-169 as follows:
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| (40 ILCS 5/18-123) (from Ch. 108 1/2, par. 18-123)
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| Sec. 18-123. Participation in survivor's annuity. A | 8 |
| participant in
active service as a judge after July 26, 1949, | 9 |
| is eligible to participate
in the survivor's annuity provided | 10 |
| under this Article. A married
participant who was in service on | 11 |
| July 27, 1949 is subject to the
provisions relating to | 12 |
| survivor's annuities unless he or she filed with the
Board | 13 |
| written notice not to participate in such annuity within 30 | 14 |
| days of
that date.
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| A married judge who becomes a participant after July 27, | 16 |
| 1949, an
unmarried judge who becomes a participant after | 17 |
| December 31, 1992,
and a judge who marries after becoming a | 18 |
| participant shall be
subject to the provisions relating to | 19 |
| survivor's annuities unless he or she
files with the Board | 20 |
| written notice of his or her election not to
participate in the | 21 |
| survivor's annuity within 30 days of the
date of being notified | 22 |
| of the option by the System. Once the
election period has | 23 |
| expired, a judge may not withdraw from participation
under this |
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HB4330 |
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LRB096 11779 AMC 22562 b |
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| Section except as provided in Section 18-129.
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| A person who became a participant before January 1, 1997 | 3 |
| and
who is not contributing for survivor's annuity may elect to | 4 |
| make contributions
for survivor's annuity by filing written | 5 |
| notice of the election with the
Board no later than April 1, | 6 |
| 1998. Such an election may not be
rescinded. A person who has | 7 |
| so elected shall be entitled only to partial
credit for | 8 |
| survivor's annuity under subsection (g) of Section 18-129 | 9 |
| unless all
of the payments required under subsection (f) of | 10 |
| that Section have been made.
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| A married participant who elects not to participate in the | 12 |
| survivor's
annuity provisions shall thereafter be ineligible | 13 |
| to participate in the
survivor's annuity unless the election is | 14 |
| rescinded as provided herein.
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| A married participant who elected not to participate in the | 16 |
| survivor's
annuity provisions and who is still a judge , may | 17 |
| elect to participate therein
by filing with the Board before | 18 |
| July 1, 2011
April 1, 1998 a written recision
of the election | 19 |
| not to participate. The participant and his or her spouse
shall | 20 |
| be entitled to all the rights of the survivor's annuity, except | 21 |
| as
limited in Section 18-129, upon paying the System for the | 22 |
| survivor's
annuity 1 1/2% of each payment of salary earned | 23 |
| between July 27, 1949 and
July 12, 1953, and 2 1/2% of each | 24 |
| payment of salary earned after July 12,
1953, together with | 25 |
| interest at 4% per annum, compounded annually from the
date the | 26 |
| contributions would have been due to the date of payment. The
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HB4330 |
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LRB096 11779 AMC 22562 b |
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| time and manner of paying the required contributions and | 2 |
| interest shall be
prescribed by the Board.
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| (Source: P.A. 90-507, eff. 8-22-97.)
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| (40 ILCS 5/18-169)
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| Sec. 18-169. Application and expiration of new benefit | 6 |
| increases. | 7 |
| (a) As used in this Section, "new benefit increase" means | 8 |
| an increase in the amount of any benefit provided under this | 9 |
| Article, or an expansion of the conditions of eligibility for | 10 |
| any benefit under this Article, that results from an amendment | 11 |
| to this Code that takes effect after June 1, 2005 ( the | 12 |
| effective date of Public Act 94-4) this amendatory Act of the | 13 |
| 94th General Assembly . "New benefit increase", however, does | 14 |
| not include any benefit increase resulting from the changes | 15 |
| made by this amendatory Act of the 96th General Assembly. | 16 |
| (b) Notwithstanding any other provision of this Code or any | 17 |
| subsequent amendment to this Code, every new benefit increase | 18 |
| is subject to this Section and shall be deemed to be granted | 19 |
| only in conformance with and contingent upon compliance with | 20 |
| the provisions of this Section.
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| (c) The Public Act enacting a new benefit increase must | 22 |
| identify and provide for payment to the System of additional | 23 |
| funding at least sufficient to fund the resulting annual | 24 |
| increase in cost to the System as it accrues. | 25 |
| Every new benefit increase is contingent upon the General |
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HB4330 |
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LRB096 11779 AMC 22562 b |
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| Assembly providing the additional funding required under this | 2 |
| subsection. The Commission on Government Forecasting and | 3 |
| Accountability shall analyze whether adequate additional | 4 |
| funding has been provided for the new benefit increase and | 5 |
| shall report its analysis to the Public Pension Division of the | 6 |
| Department of Financial and Professional Regulation. A new | 7 |
| benefit increase created by a Public Act that does not include | 8 |
| the additional funding required under this subsection is null | 9 |
| and void. If the Public Pension Division determines that the | 10 |
| additional funding provided for a new benefit increase under | 11 |
| this subsection is or has become inadequate, it may so certify | 12 |
| to the Governor and the State Comptroller and, in the absence | 13 |
| of corrective action by the General Assembly, the new benefit | 14 |
| increase shall expire at the end of the fiscal year in which | 15 |
| the certification is made.
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| (d) Every new benefit increase shall expire 5 years after | 17 |
| its effective date or on such earlier date as may be specified | 18 |
| in the language enacting the new benefit increase or provided | 19 |
| under subsection (c). This does not prevent the General | 20 |
| Assembly from extending or re-creating a new benefit increase | 21 |
| by law. | 22 |
| (e) Except as otherwise provided in the language creating | 23 |
| the new benefit increase, a new benefit increase that expires | 24 |
| under this Section continues to apply to persons who applied | 25 |
| and qualified for the affected benefit while the new benefit | 26 |
| increase was in effect and to the affected beneficiaries and |
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LRB096 11779 AMC 22562 b |
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| alternate payees of such persons, but does not apply to any | 2 |
| other person, including without limitation a person who | 3 |
| continues in service after the expiration date and did not | 4 |
| apply and qualify for the affected benefit while the new | 5 |
| benefit increase was in effect.
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| (Source: P.A. 94-4, eff. 6-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
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