Full Text of HB4594 94th General Assembly
HB4594 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4594
Introduced 1/11/2006, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/17-124 |
from Ch. 108 1/2, par. 17-124 |
40 ILCS 5/17-133 |
from Ch. 108 1/2, par. 17-133 |
30 ILCS 805/8.30 new |
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Amends the Chicago Teacher Article of the Illinois Pension Code. Changes
the manner of computing the refund payable upon the death of a retired
teacher. Also allows certain teachers who are certified but not appointed
to establish certain optional service credits. 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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HB4594 |
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LRB094 16344 AMC 51595 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
17-124 and 17-133 as follows:
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| (40 ILCS 5/17-124) (from Ch. 108 1/2, par. 17-124)
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| Sec. 17-124. Death Benefits - Death on pension.
On written | 8 |
| application to the Board, there shall be paid to the estate of | 9 |
| a
deceased teacher-pensioner a refund of the amounts he or she | 10 |
| contributed to
the
Fund, less (1) any former refund that has | 11 |
| not been repaid, (2) the amount
contributed for a survivor's | 12 |
| pension if such a pension is payable under
Sections 17-121 and | 13 |
| 17-122, and (3) pension payments received;
pension
payments, | 14 |
| accrued, temporarily withheld or represented by checks | 15 |
| uncashed at
the date of his death and the excess, if any, of an | 16 |
| amount equal to his
refundable contributions for service or | 17 |
| disability retirement pension over
pension to the date of | 18 |
| death; provided, that if there be filed with the
Board prior to | 19 |
| the death of the pensioner his written direction, signed and
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| acknowledged before an officer authorized to take | 21 |
| acknowledgments, that such
payments be paid to designated | 22 |
| beneficiaries, they shall be so paid on written
application | 23 |
| therefor to the Board. If none of several named
beneficiaries | 24 |
| survives the pensioner and no directive was furnished by
the | 25 |
| member to cover this contingency, the deceased beneficiary's | 26 |
| share
shall be paid to the estate of the pensioner.
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| If a reversionary pension is payable upon death of a | 28 |
| pensioner, the
determination and payment of any refund of | 29 |
| contributions payable under
this Section shall be made upon | 30 |
| death of the reversionary pensioner. At
such time a refund of | 31 |
| contributions less (1) the amount contributed for
annual | 32 |
| increases in pension and (2) total pension payments to the
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HB4594 |
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LRB094 16344 AMC 51595 b |
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| teacher-pensioner and survivor shall be paid in the manner | 2 |
| provided in
this Section to the designated beneficiaries, or | 3 |
| estate of the deceased
survivor.
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| If a pension is payable to a surviving spouse and/or minor | 5 |
| children
upon death of a pensioner, the determination of any | 6 |
| refund of
contributions payable under this Section shall be | 7 |
| made upon death of the
survivor and marriage or attainment of | 8 |
| age 18 of minor children. At that
time a refund of | 9 |
| contributions for retirement and survivors' and
children's | 10 |
| pensions less total pension payments to teacher-pensioner,
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| survivor and minor children shall be paid in the manner | 12 |
| provided in this
Section to the designated beneficiaries, or | 13 |
| estate of the deceased
survivor.
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| If eligible beneficiaries for survivors' or children's | 15 |
| benefits
existed at the time of a pensioner's retirement but | 16 |
| not on the date of
his death thereafter, the excess of total | 17 |
| contributions for retirement
and survivors' and children's | 18 |
| pensions over pensions paid shall be
determined upon death of | 19 |
| the pensioner and paid in the manner provided
in this Section | 20 |
| to the designated beneficiaries, or estate of the
deceased | 21 |
| teacher-pensioner.
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| Reversionary or survivor's pension payments accrued, | 23 |
| temporarily
withheld, or represented by uncashed checks to the | 24 |
| date of death shall
be paid to the reversionary pensioner's or | 25 |
| survivor's designated
beneficiaries, or estate in the manner | 26 |
| provided in this Section.
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| On death of a retired teacher whose death occurs on
or | 28 |
| after the effective date of this amendatory Act of 1991, there | 29 |
| shall
be payable a lump sum
death benefit equal to 6 times the | 30 |
| teacher's salary rate for his last
month of service or $10,000, | 31 |
| whichever is less, upon death during the
first year on pension | 32 |
| minus 1/5 of the death benefit, as defined herein,
for each | 33 |
| year or fraction thereof on pension after the first full year,
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| to a minimum of $5,000.
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| Notwithstanding Section 17-157, the changes made in this | 36 |
| Section and
Section 17-123 by this amendatory Act of 1991 shall |
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HB4594 |
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LRB094 16344 AMC 51595 b |
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| apply to teachers dying
on or after the effective date of this | 2 |
| amendatory Act of 1991 without
regard to whether service | 3 |
| terminated prior to that date.
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| (Source: P.A. 90-566, eff. 1-2-98.)
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| (40 ILCS 5/17-133) (from Ch. 108 1/2, par. 17-133)
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| Sec. 17-133. Contributions for periods of outside and other | 7 |
| service.
Regularly certified and appointed teachers who desire | 8 |
| to have the following
described services credited for pension | 9 |
| purposes shall submit to the Board
evidence thereof and pay | 10 |
| into the Fund the amounts prescribed herein:
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| 1. For teaching service by a certified teacher in the | 12 |
| public
schools of the several states or in schools operated | 13 |
| by or under the
auspices of the United States, a teacher | 14 |
| shall pay the
contributions at the rates in force (a) on | 15 |
| the date of
appointment as a regularly certified teacher | 16 |
| after salary adjustments
are completed, or (b) at the time | 17 |
| of reappointment after salary
adjustments are completed, | 18 |
| whichever is later, but not less than $450
per year of | 19 |
| service. Upon the Board's approval of such service and the
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| payment of the required contributions, service credit of | 21 |
| not more than
10 years shall be granted.
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| 2. For service as a playground instructor in public | 23 |
| school playgrounds,
teachers shall pay the contributions | 24 |
| prescribed in this Article (a) at
the time of appointment, | 25 |
| as a regularly certified teacher after salary
adjustments | 26 |
| are completed, or (b) on return to service as a full time
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| regularly certified teacher, as the case may be, provided | 28 |
| such rates or
amounts shall not be less than $450 per year.
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| 3. For service prior to September 1, 1955, in the | 30 |
| public schools of the
City as a substitute, evening school | 31 |
| or temporary teacher, or for service
as an Americanization | 32 |
| teacher prior to December 31, 1955, teachers shall pay
the | 33 |
| contributions prescribed in this Article (a) at the time of | 34 |
| appointment,
as a regularly certified teacher after salary | 35 |
| adjustments are completed,
(b) on return to service as a |
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| full time regularly certified teacher, as
the case may be, | 2 |
| provided such rates or amounts shall not be less than $450
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| per year; and provided further that for teachers employed | 4 |
| on or after September
1, 1953, rates shall not include | 5 |
| contributions for widows' pensions if the
service | 6 |
| described in this sub-paragraph 3 was rendered before that | 7 |
| date. Any
teacher entitled to repay a refund of | 8 |
| contributions under Section 17-126 may validate service | 9 |
| described in this paragraph by
payment of the amounts | 10 |
| prescribed herein, together with the repayment of the
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| refund, provided that if such creditable service was the | 12 |
| last service rendered
in the public schools of the City and | 13 |
| is not automatically reinstated by
repayment of the refund, | 14 |
| the rates or amounts shall not be less than $450 per
year.
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| 4. For service after June 30, 1982 as a member of the | 16 |
| Board of
Education, if required to resign from an | 17 |
| administrative or teaching position
in order to qualify as | 18 |
| a member of the Board of Education.
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| 5. For service during the 1986-87 school year as a | 20 |
| teacher on a special
leave of absence with full loss of | 21 |
| salary, teaching for an agency under
contract to the Board | 22 |
| of Education, if the teacher returned to employment in
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| September, 1987. For service under this item 5, the teacher | 24 |
| must pay the
contributions at the rates in force at the | 25 |
| completion of the leave period.
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| For service described in sub-paragraphs 1, 2 and 3 of this | 27 |
| Section,
interest shall be charged beginning one year after the | 28 |
| effective date of
appointment or reappointment.
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| Effective September 1, 1974, the interest rate to be | 30 |
| charged by the
Fund on contributions provided in sub-paragraphs | 31 |
| 1, 2, 3 and 4 shall
be 5% per annum compounded annually.
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| (Source: P.A. 90-566, eff. 1-2-98; 91-887, eff. 7-6-00.)
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| Section 90. The State Mandates Act is amended by adding | 34 |
| Section 8.30 as
follows:
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HB4594 |
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LRB094 16344 AMC 51595 b |
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| (30 ILCS 805/8.30 new)
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| Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 | 3 |
| of this
Act, no reimbursement by the State is required for the | 4 |
| implementation of
any mandate created by this amendatory Act of | 5 |
| the 94th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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