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90_HB0023
40 ILCS 5/18-123 from Ch. 108 1/2, par. 18-123
Amends the Judges Article of the Pension Code. Allows
certain judges to elect to contribute (or to rescind their
election not to contribute) for a spouse's annuity benefit.
Effective immediately.
LRB9000434EGfg
LRB9000434EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 18-123.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 18-123 as follows:
7 (40 ILCS 5/18-123) (from Ch. 108 1/2, par. 18-123)
8 Sec. 18-123. Participation in survivor's annuity. A
9 participant in active service as a judge after July 26, 1949,
10 is eligible to participate in the survivor's annuity provided
11 under this Article. A married participant who was in service
12 on July 27, 1949 is subject to the provisions relating to
13 survivor's annuities unless he or she filed with the Board
14 written notice not to participate in such annuity within 30
15 days of that date.
16 A married judge who becomes a participant after July 27,
17 1949, an unmarried judge who becomes a participant after
18 December 31, 1992, and a judge who marries after becoming a
19 participant shall be subject to the provisions relating to
20 survivor's annuities unless he or she files with the Board
21 written notice of his or her election not to participate in
22 the survivor's annuity within 30 days of the date of being
23 notified of the option by the System. Once the election
24 period has expired, a judge may not withdraw from
25 participation under this Section except as provided in
26 Section 18-129.
27 A person who became a participant before January 1, 1997
28 1993 and who is not contributing for survivor's annuity may
29 elect to make contributions for survivor's annuity by filing
30 written notice of the election with the Board no later than
31 April 1, 1998 1993. Such an election may not be rescinded.
-2- LRB9000434EGfg
1 A person who has so elected shall be entitled only to partial
2 credit for survivor's annuity under subsection (g) of Section
3 18-129 unless all of the payments required under subsection
4 (f) of that Section have been made.
5 A married participant who elects not to participate in
6 the survivor's annuity provisions shall thereafter be
7 ineligible to participate in the survivor's annuity unless
8 the election is rescinded as provided herein.
9 A married participant who elected not to participate in
10 the survivor's annuity provisions and who is still a judge,
11 may elect to participate therein by filing with the Board
12 before April 1, 1998 1993 a written recision of the election
13 not to participate. The participant and his or her spouse
14 shall be entitled to all the rights of the survivor's
15 annuity, except as limited in Section 18-129, upon paying the
16 System for the survivor's annuity 1 1/2% of each payment of
17 salary earned between July 27, 1949 and July 12, 1953, and 2
18 1/2% of each payment of salary earned after July 12, 1953,
19 together with interest at 4% per annum, compounded annually
20 from the date the contributions would have been due to the
21 date of payment. The time and manner of paying the required
22 contributions and interest shall be prescribed by the Board.
23 (Source: P.A. 86-1488; 87-1265.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.