Full Text of HB0965 96th General Assembly
HB0965 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0965
Introduced 2/10/2009, by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/3-124.1 |
from Ch. 108 1/2, par. 3-124.1 |
40 ILCS 5/4-117 |
from Ch. 108 1/2, par. 4-117 |
40 ILCS 5/5-159 |
from Ch. 108 1/2, par. 5-159 |
40 ILCS 5/6-156 |
from Ch. 108 1/2, par. 6-156 |
40 ILCS 5/7-144 |
from Ch. 108 1/2, par. 7-144 |
40 ILCS 5/14-111 |
from Ch. 108 1/2, par. 14-111 |
40 ILCS 5/14-152.1 |
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30 ILCS 805/8.33 new |
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Amends the Downstate Police, Downstate Firefighter, Chicago Police, Chicago Firefighter, Illinois Municipal Retirement Fund, and State Employee Articles of the Illinois Pension Fund. Allows an annuitant to re-enter service for a total of 2 years to fill positions vacated because persons are serving on active duty in the military, naval, or air forces of the State or federal government without impairing his or her pension benefits. In provisions amending the State Employee Article, exempts the changes from provisions concerning new benefit increases. 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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HB0965 |
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LRB096 10331 AMC 20501 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 3-124.1, 4-117, 5-159, 6-156, 7-144, 14-111, and | 6 |
| 14-152.1 as follows:
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| (40 ILCS 5/3-124.1) (from Ch. 108 1/2, par. 3-124.1)
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| Sec. 3-124.1. Re-entry into active service. Except as | 9 |
| otherwise provided in this Section, if If a police officer who | 10 |
| is
receiving
pension payments other than as provided in Section | 11 |
| 3-109.3 re-enters active
service, pension payment shall be | 12 |
| suspended
while he or she is in service. When he or she again | 13 |
| retires, pension payments
shall be resumed. If the police | 14 |
| officer remains in service after re-entry
for a period of less | 15 |
| than 5 years, the pension shall be the same as upon
first | 16 |
| retirement. If the officer's service after re-entry is at least | 17 |
| 5
years and the officer makes the required contributions during | 18 |
| the period
of re-entry, his or her pension shall be recomputed | 19 |
| by taking into account
the additional period of service and | 20 |
| salary.
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| A police officer who is receiving pension payments other | 22 |
| than as provided in Section 3-109.3 may re-enter under this | 23 |
| Article for a total of 2 years to fill positions vacated |
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LRB096 10331 AMC 20501 b |
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| because police officers are serving on active duty in the | 2 |
| military, naval, or air forces of the State or federal | 3 |
| government without impairing his or her pension payments. | 4 |
| (Source: P.A. 91-939, eff. 2-1-01.)
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| (40 ILCS 5/4-117) (from Ch. 108 1/2, par. 4-117)
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| Sec. 4-117. Reentry into active service. | 7 |
| (a) Except as otherwise provided in this Section, if If a | 8 |
| firefighter receiving
pension payments
reenters active | 9 |
| service, pension payments shall be suspended while he
or she is | 10 |
| in service. If the firefighter again retires or is discharged,
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| his or her monthly pension shall be resumed in the same amount | 12 |
| as was paid
upon first retirement or discharge
unless he or she | 13 |
| remained in active service 3 or more years after re-entry
in | 14 |
| which case the monthly pension shall be based on the salary | 15 |
| attached
to the firefighter's rank at the date of last | 16 |
| retirement.
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| A firefighter who is receiving pension payments may reenter | 18 |
| active service under this Article for a total of 2 years to | 19 |
| fill positions vacated because firefighters are serving on | 20 |
| active duty in the military, naval, or air forces of the State | 21 |
| or federal government without impairing his or her pension | 22 |
| payments. | 23 |
| (b) If a deferred pensioner re-enters active service, and | 24 |
| again retires
or is discharged from the fire service, his or | 25 |
| her pension shall be based
on the salary attached to the rank |
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| held in the fire service at the date
of earlier retirement, | 2 |
| unless the firefighter remains in active service
for 3 or more | 3 |
| years after re-entry, in which case the monthly pension shall
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| be based on the salary attached to the firefighter's rank at | 5 |
| the date of
last retirement.
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| (c) If a pensioner or deferred pensioner re-enters or is | 7 |
| recalled
to active service and
is thereafter injured, and the | 8 |
| injury
is not related to an injury for which he or she was | 9 |
| previously receiving
a disability pension,
the 3 year service | 10 |
| requirement shall not apply in order
for the firefighter to | 11 |
| qualify for the increased pension based on
the rate of pay at | 12 |
| the time of the
new injury.
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| (Source: P.A. 83-1440.)
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| (40 ILCS 5/5-159) (from Ch. 108 1/2, par. 5-159)
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| Sec. 5-159. Re-entry of pensioner or annuitant into | 16 |
| service. Except as otherwise provided in this Section, when | 17 |
| When
a policeman who has withdrawn after the effective date | 18 |
| re-enters service,
any annuity previously granted to him and | 19 |
| any annuity
fixed for his wife shall be cancelled. The | 20 |
| policeman shall be credited
for annuity purposes with sums | 21 |
| sufficient to provide annuities equal to
those cancelled for | 22 |
| him and his wife, as of their respective ages on the
date of | 23 |
| re-entrance into service.
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| A policeman who is receiving pension payments or an annuity | 25 |
| under this Article may re-enter service under this Article for |
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| a total of 2 years to fill positions vacated because policemen | 2 |
| are serving on active duty in the military, naval, or air | 3 |
| forces of the State or federal government without impairing his | 4 |
| or her pension payments or annuity. | 5 |
| Deductions from salary
and contributions by
the city for | 6 |
| all purposes of this Article shall be made, and upon
subsequent | 7 |
| retirement new annuities based upon the amount then to his
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| credit for annuity purposes and the entire term of his service | 9 |
| shall be
fixed for the policeman and his wife.
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| If such policeman's wife, for whom annuity has been fixed | 11 |
| prior to
his re-entrance into service, has died or her marriage | 12 |
| to such policeman
has been dissolved or declared invalid before | 13 |
| he re-entered service, no
part, of any sum or sums to the | 14 |
| credit of such policeman for widow's
annuity or for widow's | 15 |
| prior service annuity at the time annuity for
such wife was | 16 |
| fixed shall be credited to such policeman at the time of
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| re-entry. No part of any such sum or sums shall be used to | 18 |
| provide
annuity for any wife of such policeman who is his wife | 19 |
| at any time after
his re-entry into service unless she was his | 20 |
| wife at the time of his
withdrawal.
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| However, the payment of the pension or annuity shall | 22 |
| continue if
re-entry into service is for the purpose of serving | 23 |
| on a part time basis
as a street crossing guard.
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| (Source: P.A. 86-272.)
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| (40 ILCS 5/6-156) (from Ch. 108 1/2, par. 6-156)
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LRB096 10331 AMC 20501 b |
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| Sec. 6-156. Re-entry of pensioner or annuitant into | 2 |
| service. | 3 |
| (a) Except as otherwise provided in this Section, when
When | 4 |
| a fireman who has withdrawn after the effective date re-enters | 5 |
| the
service before age 63, any annuity previously granted to | 6 |
| him and any
annuity fixed for his wife shall be cancelled. The | 7 |
| fireman shall be
credited with the actuarial value of the | 8 |
| annuities cancelled for him and
his wife as of their respective | 9 |
| ages on the date of his re-entry into
service; provided, that | 10 |
| for present employees and future entrants who
entered service | 11 |
| prior to July 1, 1953, the maximum age of a wife for
this | 12 |
| purpose shall not be more than 5 years less than his age, and | 13 |
| for
future entrants who entered service after June 30, 1953, | 14 |
| the age, for
annuity purposes, of a wife who is older than her | 15 |
| husband shall be
assumed to be equal to his age. Such sums | 16 |
| shall be credited to the
fireman to provide for annuities in | 17 |
| the future.
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| A fireman who is receiving an annuity under this Article | 19 |
| may re-enter service under this Article for a total of 2 years | 20 |
| to fill positions vacated because firemen are serving on active | 21 |
| duty in the military, naval, or air forces of the State or | 22 |
| federal government without impairing his or her annuity. | 23 |
| Deductions from salary and contributions by the city for | 24 |
| all
purposes of this Article shall be made as provided herein, | 25 |
| and upon
subsequent retirement, new annuities based upon the | 26 |
| amount then to his
credit for annuity purposes and the entire |
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LRB096 10331 AMC 20501 b |
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| term of his service shall be
fixed for him and his wife.
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| If such fireman's wife, for whom annuity has been fixed | 3 |
| prior to his
re-entrance into service, has died, or the | 4 |
| marriage was dissolved before
he re-entered service, no part of | 5 |
| any sum or sums to the credit of such
fireman for widow's prior | 6 |
| service annuity at the time annuity for such
wife was fixed | 7 |
| shall be credited to such fireman at the time of
re-entry. No | 8 |
| part of any such sum or sums shall be used to provide
annuity | 9 |
| for any wife of such fireman who is his wife at any time after
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| his re-entry into service.
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| (b) If a fireman re-enters service after age 63, payments | 12 |
| of pension
or annuity previously granted shall be suspended. | 13 |
| When he again
withdraws, payments upon such pension or annuity | 14 |
| shall be resumed. If
the fireman dies in service, his widow | 15 |
| shall receive the annuity
previously fixed for her.
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| (Source: P.A. 81-1536.)
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| (40 ILCS 5/7-144) (from Ch. 108 1/2, par. 7-144)
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| Sec. 7-144. Retirement annuities-Suspended during | 19 |
| employment.
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| (a) (1) Except as otherwise provided in this Section, if If | 21 |
| any person described in clause (i) of subsection (a)
2 of | 22 |
| Section 7-141
receiving any annuity again becomes an employee
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| and receives earnings from employment in a position normally | 24 |
| requiring
performance of duty during 600 hours or more per year | 25 |
| for any
participating municipality and instrumentalities |
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LRB096 10331 AMC 20501 b |
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| thereof or
participating instrumentality; or (2) if any person | 2 |
| described in
clause (ii) of subsection (a) 2 of Section 7-141 | 3 |
| receiving any annuity returns
to employment in a position | 4 |
| requiring him, or entitling him to elect, to
become a | 5 |
| participating employee; then the annuity payable to such | 6 |
| employee
shall be suspended as of the 1st day of the month | 7 |
| coincidental with or
next following the date upon which such | 8 |
| person becomes such an employee.
Upon proper qualification of | 9 |
| the participating employee payment of such
annuity may be | 10 |
| resumed on the 1st day of the month following such
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| qualification and upon proper application therefor. The | 12 |
| participating
employee in such case shall be entitled to a | 13 |
| supplemental annuity
arising from service and credits earned | 14 |
| subsequent to such re-entry as a
participating employee.
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| A person receiving an annuity may return to employment as a
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| participating employee for a total of 2 years to fill positions | 17 |
| vacated because persons are serving on active duty in the | 18 |
| military, naval, or air forces of the State or federal | 19 |
| government without having his or her annuity suspended and | 20 |
| shall be entitled to a supplemental annuity
arising from | 21 |
| service and credits earned subsequent to such re-entry as a
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| participating employee. | 23 |
| (b) Supplemental annuities to persons who return to service | 24 |
| for less
than 48 months shall be computed under the provisions | 25 |
| of Sections 7-141,
7-142 and 7-143. In determining whether an | 26 |
| employee is eligible for an
annuity which requires a minimum |
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LRB096 10331 AMC 20501 b |
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| period of service, his entire period of
service shall be taken | 2 |
| into consideration but the supplemental annuity
shall be based | 3 |
| on earnings and service in the supplemental period only.
The | 4 |
| effective date of the suspended and supplemental annuity for | 5 |
| the
purpose of increases after retirement shall be considered | 6 |
| to be the
effective date of the suspended annuity.
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| (c) Supplemental annuities to persons who return to service | 8 |
| for 48
months or more shall be a monthly amount determined as | 9 |
| follows:
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| (1) An amount shall be computed under subparagraph b of | 11 |
| paragraph
(1) of subsection (a) of Section 7-142, | 12 |
| considering all of the service
credits of the employee;
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| (2) The actuarial value in monthly payments for life of | 14 |
| the annuity
payments made before suspension shall be | 15 |
| determined and subtracted from
the amount determined in (1) | 16 |
| above;
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| (3) The monthly amount of the suspended annuity, with | 18 |
| any applicable
increases after retirement computed from | 19 |
| the effective date to the date
of reinstatement, shall be | 20 |
| subtracted from the amount determined in (2)
above and the | 21 |
| remainder shall be the amount of the supplemental annuity
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| provided that this amount shall not be less than the amount | 23 |
| computed under
subsection (b) of this Section.
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| (4) The suspended annuity shall be reinstated at an | 25 |
| amount including
any increases after retirement from the | 26 |
| effective date to date of
reinstatement.
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LRB096 10331 AMC 20501 b |
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| (5) The effective date of the combined suspended and | 2 |
| supplemental
annuities for the purposes of increases after | 3 |
| retirement shall be
considered to be the effective date of | 4 |
| the supplemental annuity.
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| (Source: P.A. 82-459 .)
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| (40 ILCS 5/14-111) (from Ch. 108 1/2, par. 14-111)
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| Sec. 14-111. Re-entry After retirement.
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| (a) An annuitant who re-enters the service of a department | 9 |
| and receives
compensation on a regular payroll shall receive no | 10 |
| payments of the
retirement annuity during the time he is so | 11 |
| employed, with the following
exceptions:
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| (1) An annuitant who is employed by a department while | 13 |
| he or she is a
continuing participant in the General | 14 |
| Assembly Retirement System under
Sections 2-117.1 and | 15 |
| 14-105.4 will not be considered to have made a
re-entry | 16 |
| after retirement within the meaning of this Section for the
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| duration of such continuing participation. Any person who | 18 |
| is a continuing
participant under Sections 2-117.1 and | 19 |
| 14-105.4 on the effective date of
this amendatory Act of | 20 |
| 1991 and whose retirement annuity has been suspended
under | 21 |
| this Section shall be entitled to receive from the System a | 22 |
| sum equal
to the annuity payments that have been withheld | 23 |
| under this Section, and
shall receive the benefit of this | 24 |
| amendment without regard to Section
1-103.1.
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| (2) An annuitant who accepts temporary employment from |
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| such a
department for a period not exceeding 75 working | 2 |
| days in any calendar year
is not considered to make a | 3 |
| re-entry after retirement within the meaning of
this | 4 |
| Section. Any part of a day on temporary employment is | 5 |
| considered a
full day of employment.
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| (3) An annuitant who accepts employment from a | 7 |
| department for a total of 2 years to fill positions vacated | 8 |
| because employees are serving on active duty in the | 9 |
| military, naval, or air forces of the State or federal | 10 |
| government is not considered to make a re-entry after | 11 |
| retirement within the meaning of
this Section. | 12 |
| (b) If such person re-enters the service of a department, | 13 |
| not as a
temporary employee, contributions to the system shall | 14 |
| begin as of the
date of re-employment and additional creditable | 15 |
| service shall begin to
accrue. He shall assume the status of a | 16 |
| member entitled to all rights
and privileges in the system, | 17 |
| including death and disability benefits,
excluding a refund of | 18 |
| contributions.
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| Upon subsequent retirement, his retirement annuity shall | 20 |
| consist of:
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| (1) the amounts of the annuities terminated by re-entry | 22 |
| into
service; and
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| (2) the amount of the additional retirement annuity | 24 |
| earned by the
member during the period of additional | 25 |
| membership service which shall
not be subject to | 26 |
| reversionary annuity if any.
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| The total retirement annuity shall not, however, exceed the | 2 |
| maximum
applicable to the member at the time of original | 3 |
| retirement.
In the computation of any such retirement annuity, | 4 |
| the time that the
member was on retirement shall not interrupt | 5 |
| the continuity of service
for the computation of final average | 6 |
| compensation and the additional
membership service shall be | 7 |
| considered, together with service rendered
before the previous | 8 |
| retirement, in establishing final average
compensation.
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| A person who re-enters the service of a department within 3 | 10 |
| years
after retiring may qualify to have the retirement annuity | 11 |
| computed as
though the member had not previously retired by | 12 |
| paying to
the System, within 5 years after re-entry and prior | 13 |
| to subsequent
retirement, in a lump sum or in installment | 14 |
| payments in accordance with
such rules as may be adopted by the | 15 |
| Board, an amount equal to all
retirement payments received, | 16 |
| including any payments received in accordance
with subsection | 17 |
| (c) or (d) of Section 14-130, plus regular interest from
the | 18 |
| date retirement payments were suspended to the date of | 19 |
| repayment.
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| (Source: P.A. 86-1488; 87-794.)
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| (40 ILCS 5/14-152.1)
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| Sec. 14-152.1. Application and expiration of new benefit | 23 |
| increases. | 24 |
| (a) As used in this Section, "new benefit increase" means | 25 |
| an increase in the amount of any benefit provided under this |
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HB0965 |
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LRB096 10331 AMC 20501 b |
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| Article, or an expansion of the conditions of eligibility for | 2 |
| any benefit under this Article, that results from an amendment | 3 |
| to this Code that takes effect after June 1, 2005 ( the | 4 |
| effective date of Public Act 94-4) this amendatory Act of the | 5 |
| 94th General Assembly . "New benefit increase", however, does | 6 |
| not include any benefit increase resulting from the changes | 7 |
| made to this Article by this amendatory Act of the 96th General | 8 |
| Assembly. | 9 |
| (b) Notwithstanding any other provision of this Code or any | 10 |
| subsequent amendment to this Code, every new benefit increase | 11 |
| is subject to this Section and shall be deemed to be granted | 12 |
| only in conformance with and contingent upon compliance with | 13 |
| the provisions of this Section.
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| (c) The Public Act enacting a new benefit increase must | 15 |
| identify and provide for payment to the System of additional | 16 |
| funding at least sufficient to fund the resulting annual | 17 |
| increase in cost to the System as it accrues. | 18 |
| Every new benefit increase is contingent upon the General | 19 |
| Assembly providing the additional funding required under this | 20 |
| subsection. The Commission on Government Forecasting and | 21 |
| Accountability shall analyze whether adequate additional | 22 |
| funding has been provided for the new benefit increase and | 23 |
| shall report its analysis to the Public Pension Division of the | 24 |
| Department of Financial and Professional Regulation. A new | 25 |
| benefit increase created by a Public Act that does not include | 26 |
| the additional funding required under this subsection is null |
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| and void. If the Public Pension Division determines that the | 2 |
| additional funding provided for a new benefit increase under | 3 |
| this subsection is or has become inadequate, it may so certify | 4 |
| to the Governor and the State Comptroller and, in the absence | 5 |
| of corrective action by the General Assembly, the new benefit | 6 |
| increase shall expire at the end of the fiscal year in which | 7 |
| the certification is made.
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| (d) Every new benefit increase shall expire 5 years after | 9 |
| its effective date or on such earlier date as may be specified | 10 |
| in the language enacting the new benefit increase or provided | 11 |
| under subsection (c). This does not prevent the General | 12 |
| Assembly from extending or re-creating a new benefit increase | 13 |
| by law. | 14 |
| (e) Except as otherwise provided in the language creating | 15 |
| the new benefit increase, a new benefit increase that expires | 16 |
| under this Section continues to apply to persons who applied | 17 |
| and qualified for the affected benefit while the new benefit | 18 |
| increase was in effect and to the affected beneficiaries and | 19 |
| alternate payees of such persons, but does not apply to any | 20 |
| other person, including without limitation a person who | 21 |
| continues in service after the expiration date and did not | 22 |
| apply and qualify for the affected benefit while the new | 23 |
| benefit increase was in effect.
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| (Source: P.A. 94-4, eff. 6-1-05.) | 25 |
| Section 90. The State Mandates Act is amended by adding |
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| Section 8.33 as follows: | 2 |
| (30 ILCS 805/8.33 new) | 3 |
| Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | 4 |
| of this Act, no reimbursement by the State is required for the | 5 |
| implementation of any mandate created by this amendatory Act of | 6 |
| the 96th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
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