Full Text of HB5120 95th General Assembly
HB5120enr 95TH GENERAL ASSEMBLY
|
|
|
HB5120 Enrolled |
|
LRB095 16598 AMC 42629 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 |
| Section 16-140 as follows:
| 6 |
| (40 ILCS 5/16-140) (from Ch. 108 1/2, par. 16-140)
| 7 |
| Sec. 16-140. Survivors' benefits - definitions.
| 8 |
| (a) For the purpose of Sections 16-138 through 16-143.2, | 9 |
| the following
terms shall have the following meanings, unless | 10 |
| the context otherwise
requires:
| 11 |
| (1) "Average salary": the average salary for the | 12 |
| highest 4 consecutive
years within the last 10 years of | 13 |
| creditable service immediately preceding
date of death or | 14 |
| retirement, whichever is applicable, or the average salary
| 15 |
| for the total creditable service if service is less than 4 | 16 |
| years.
| 17 |
| (2) "Member": any teacher included in the membership of | 18 |
| the system.
However, a teacher who becomes an annuitant of | 19 |
| the system or a teacher
whose services terminate after 20 | 20 |
| years of service from any cause other
than retirement is | 21 |
| considered a member, subject to the
conditions and | 22 |
| limitations stated in this Article.
| 23 |
| (3) "Dependent beneficiary": (A) a surviving spouse of |
|
|
|
HB5120 Enrolled |
- 2 - |
LRB095 16598 AMC 42629 b |
|
| 1 |
| a member or
annuitant who was married to the member or | 2 |
| annuitant for the 12 month
period immediately preceding and | 3 |
| on the date of death of such member or
annuitant, except | 4 |
| where a child is born of such marriage, in which case the
| 5 |
| qualifying period shall not be applicable;
(A-1) a | 6 |
| surviving spouse of a member or annuitant who (i) was | 7 |
| married to the
member or annuitant on the date of the | 8 |
| member or annuitant's death, (ii) was
married to the member | 9 |
| or annuitant for a period of at least 12 months (but not
| 10 |
| necessarily the 12 months immediately preceding the member | 11 |
| or annuitant's
death), and (iii) has not received a benefit | 12 |
| under subsection (a) of Section
16-141 or paragraph (1) of | 13 |
| Section 16-142; (B) an eligible child of a member
or | 14 |
| annuitant; and (C) a dependent parent.
| 15 |
| Unless otherwise designated by the member, eligibility | 16 |
| for benefits shall
be in the order named, except that a | 17 |
| dependent parent shall be eligible only if
there is no | 18 |
| other dependent beneficiary. Any benefit to be received by | 19 |
| or paid
to a dependent beneficiary to be determined under | 20 |
| this paragraph as provided in
Sections 16-141 and 16-142 | 21 |
| may be received by or paid to a trust established
for such | 22 |
| dependent beneficiary if such dependent beneficiary is | 23 |
| living at the
time such benefit would be received by or | 24 |
| paid to such trust.
| 25 |
| (4) "Eligible child": an unmarried natural or adopted | 26 |
| child of the member
or annuitant under age 18 (age 22 if a |
|
|
|
HB5120 Enrolled |
- 3 - |
LRB095 16598 AMC 42629 b |
|
| 1 |
| full-time student). An unmarried
natural or adopted child, | 2 |
| regardless of age, who is dependent by reason of a
physical | 3 |
| or mental disability , except any such child receiving | 4 |
| benefits under
Article III of the Illinois Public Aid Code, | 5 |
| is eligible for so long as such
physical or mental | 6 |
| disability continues. An adopted child, however, is
| 7 |
| eligible only if the proceedings for adoption were | 8 |
| finalized while the child
was a minor.
| 9 |
| For purposes of this subsection, "disability" means an | 10 |
| inability to
engage in any substantial gainful activity by | 11 |
| reason of any medically
determinable physical or mental | 12 |
| impairment which can be expected to result
in death or | 13 |
| which has lasted or can be expected to last for a | 14 |
| continuous
period of not less than 12 months.
| 15 |
| The changes made to this Section
by Public Act 90-448, | 16 |
| relating to benefits
for certain
unmarried children who are | 17 |
| full-time students under age 22, apply without
regard to | 18 |
| whether the deceased member was in service on or after the | 19 |
| effective
date of that Act. These changes do not
authorize | 20 |
| the
repayment of a refund or a re-election of benefits, and | 21 |
| any benefit or increase
in benefits resulting from these | 22 |
| changes is not payable retroactively for any
period before | 23 |
| the effective date of that Act.
| 24 |
| (5) "Dependent parent": a parent who was receiving at | 25 |
| least 1/2 of his
or her support from a member or annuitant | 26 |
| for the 12-month period
immediately preceding and on the |
|
|
|
HB5120 Enrolled |
- 4 - |
LRB095 16598 AMC 42629 b |
|
| 1 |
| date of such member's or annuitant's
death, provided | 2 |
| however, that such dependent status terminates upon a
| 3 |
| member's acceptance of a refund for survivor benefit | 4 |
| contributions as
provided under Section 16-142.
| 5 |
| (6) "Non-dependent beneficiary": any person, | 6 |
| organization or other entity
designated by the member who | 7 |
| does not qualify as a dependent beneficiary.
| 8 |
| (7) "In service": the condition of a member being in | 9 |
| receipt of
salary as a teacher at any time within 12 months | 10 |
| immediately before his
or her death, being on leave of | 11 |
| absence for which the member, upon return
to teaching, | 12 |
| would be eligible to purchase service credit under | 13 |
| subsection
(b)(5) of Section 16-127, or being in receipt of | 14 |
| a disability or
occupational disability benefit. This term | 15 |
| does not include any annuitant
or member who previously | 16 |
| accepted a refund of survivor benefit
contributions under | 17 |
| paragraph (1) of Section 16-142 unless the conditions
| 18 |
| specified in subsection (b) of Section 16-143.2 are met.
| 19 |
| (b) The change to this Section made by Public Act 90-511 | 20 |
| applies without
regard to whether the deceased member or | 21 |
| annuitant was in service on or after
the effective date of that | 22 |
| Act.
| 23 |
| The change to this Section made by this amendatory Act of | 24 |
| the 91st General
Assembly applies without regard to whether the | 25 |
| deceased member or annuitant was
in service on or after the | 26 |
| effective date of this amendatory Act.
|
|
|
|
HB5120 Enrolled |
- 5 - |
LRB095 16598 AMC 42629 b |
|
| 1 |
| (Source: P.A. 90-448, eff. 8-16-97; 90-511, eff.
8-22-97; | 2 |
| 90-655, eff. 7-30-98; 91-887, eff. 7-6-00.)
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law. |
|