Full Text of HB4786 096th General Assembly
HB4786 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4786
Introduced 1/12/2010, by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/8-167 | from Ch. 108 1/2, par. 8-167 |
30 ILCS 805/8.34 new |
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Amends the Chicago Municipal Article of the Illinois Pension Code. In provisions concerning the restoration of rights after receipt of a refund, removes language restricting repayment of the refund within certain periods and provides that, if the employee withdraws from service or dies in service during a specified period, any payments made shall be refunded without interest thereon and in accordance with a refund provisions of the Article. 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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HB4786 |
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LRB096 15813 AMC 31054 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 |
| Section 8-167 as follows:
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| (40 ILCS 5/8-167)
(from Ch. 108 1/2, par. 8-167)
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| Sec. 8-167. Restoration of rights. An employee who has | 8 |
| withdrawn as a refund the amounts credited for
annuity | 9 |
| purposes, and who (i) re-enters service of the employer and
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| serves for periods
comprising at least 90 days after the date | 11 |
| of the last refund
paid to
him or her
or (ii) has completed at | 12 |
| least 2 years of service under a participating
system (as | 13 |
| defined in the Retirement Systems Reciprocal Act) other than | 14 |
| this
Fund after the date of the last refund,
shall have his or | 15 |
| her annuity rights restored by compliance with the
following | 16 |
| provisions:
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| (a) The employee After that 90 day or 2 year period, | 18 |
| whichever applies,
he shall repay in full to the fund, | 19 |
| while in
service, all refunds received, together with | 20 |
| interest at the
effective rate from the dates of refund to | 21 |
| the date of repayment.
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| (b) If payment is not made in a single sum, the | 23 |
| repayment may be
made in installments by deductions from |
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HB4786 |
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LRB096 15813 AMC 31054 b |
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| salary or otherwise in such
manner and amounts and manner | 2 |
| as the board, by rule, may prescribe, with
interest
at the | 3 |
| effective rate accruing on unpaid balances.
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| (c) If the employee withdraws from service or dies in | 5 |
| service before
full repayment is made,
service credit shall | 6 |
| be restored in accordance with Section 8-230.3(b).
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| (d) If the employee withdraws from service or dies in | 8 |
| service during the required 90-day or 2-year period, any | 9 |
| payments made shall be refunded without interest thereon | 10 |
| and in accordance with a refund provisions of this Article. | 11 |
| (e) If the employee repays the refund while | 12 |
| participating in a
participating system (as defined in the | 13 |
| Retirement Systems Reciprocal
Act) other than this Fund, | 14 |
| the service credit restored must be used for a
proportional | 15 |
| annuity calculated in accordance with the Retirement | 16 |
| Systems
Reciprocal Act. If not so used, the restored | 17 |
| service credit shall be
forfeited and the amount of the | 18 |
| repayment shall be refunded, without
interest.
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| This Section applies also to any person who received a | 20 |
| refund from
any annuity and benefit fund or pension fund which | 21 |
| was merged into and
superseded by the annuity and benefit fund | 22 |
| provided for in this Article
on or after December 31, 1959. | 23 |
| Upon repayment such person shall receive
credit for all annuity | 24 |
| purposes in the annuity and benefit fund provided
for in this | 25 |
| Article for the period of service covered by the repayment.
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| The amount of refund repayment is considered as salary |
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HB4786 |
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LRB096 15813 AMC 31054 b |
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| deductions for
age and service annuity and widow's annuity | 2 |
| purposes in the case of a
male person. In the latter case the | 3 |
| amount of refund repayment is
allocated in the applicable | 4 |
| proportion for age and service and widow's
annuity purposes. | 5 |
| Such person shall also be credited with city
contributions for | 6 |
| age and service annuity, and widow's annuity if a male
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| employee, in the amount which would have been credited and | 8 |
| accrued if
such person had been a participant in and | 9 |
| contributor to the annuity and
benefit fund provided for in | 10 |
| this Article during the period of such
service on the basis of | 11 |
| his salary during such period.
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| (Source: P.A. 93-654, eff. 1-16-04.)
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| Section 90. The State Mandates Act is amended by adding | 14 |
| Section 8.34 as follows: | 15 |
| (30 ILCS 805/8.34 new) | 16 |
| Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | 17 |
| of this Act, no reimbursement by the State is required for the | 18 |
| implementation of any mandate created by this amendatory Act of | 19 |
| the 96th General Assembly. | 20 |
| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
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