State of Illinois
90th General Assembly
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90_HB0943

      40 ILCS 5/7-157           from Ch. 108 1/2, par. 7-157
      40 ILCS 5/7-164           from Ch. 108 1/2, par. 7-164
      30 ILCS 805/8.21 new
          Amends the  Illinois  Municipal  Retirement  Fund  (IMRF)
      Article  of the Pension Code to allow the surviving spouse of
      a sheriff's law enforcement employee to remarry before age 55
      without  loss  of  survivor's  benefits.   Amends  the  State
      Mandates Act to require implementation without reimbursement.
      Effective immediately.
                                                     LRB9004014EGfg
                                               LRB9004014EGfg
 1        AN ACT to amend the Illinois  Pension  Code  by  changing
 2    Sections 7-157 and 7-164 and to amend the State Mandates Act.
 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 Sections 7-157 and 7-164 as follows:
 7        (40 ILCS 5/7-157) (from Ch. 108 1/2, par. 7-157)
 8        Sec.  7-157.  Surviving  spouse  annuities  - marriage to
 9    terminate.
10        (a)  If any surviving spouse  annuitant  marries,  before
11    reaching  age  55,  the annuity shall be terminated as of the
12    end of the calendar month following the month  in  which  the
13    marriage occurs.
14        (b)  Subsection  (a)  does  not  apply  to  the surviving
15    spouse of a sheriff's law enforcement employee who  remarries
16    after December 31, 1997.
17    (Source: P.A. 81-618.)
18        (40 ILCS 5/7-164) (from Ch. 108 1/2, par. 7-164)
19        Sec.  7-164.  Death benefits - Amount.  The amount of the
20    death benefit shall be:
21        1.  Upon the death of an employee with at least one  year
22    of  service  occurring  while  in  an employment relationship
23    (including employees  drawing  disability  benefits)  with  a
24    participating  municipality or participating instrumentality,
25    an amount equal to the sum of:
26        (a)  The  employee's  normal,  additional  and   survivor
27    credits,  including interest credited thereto through the end
28    of the preceding calendar year,  but  excluding  credits  and
29    interest thereon allowed for periods of disability.
30        (b)  An  amount equal to the employee's annual final rate
                            -2-                LRB9004014EGfg
 1    of earnings. An employee who dies as  a  result  of  injuries
 2    connected  with his duties shall be considered to have a year
 3    of service for purposes of this benefit.
 4        2.  Upon the death of an employee with less than  1  year
 5    of   service   occurring   while   in   the  service  of  any
 6    participating  municipality  or  instrumentality,  an  amount
 7    equal to the sum of his accumulated  normal,  additional  and
 8    survivor  credits  on  the  date  of  death,  excluding those
 9    credits  and  interest  thereon  allowed  during  periods  of
10    disability.
11        3.  Upon the death of an employee who has separated  from
12    service  and  was not entitled to a retirement annuity on the
13    date of death, an amount equal to the sum of his  accumulated
14    normal,  survivor and additional credits on the date of death
15    excluding those credits and interest thereon  allowed  during
16    periods of disability.
17        4.  Upon  the  death  of  an  employee  in  an employment
18    relationship, or an employee who has service and was entitled
19    to a  retirement  annuity  on  the  date  of  death,  when  a
20    surviving spouse or child annuity is awarded, $3,000.
21        5.  Upon the death of an employee, who has separated from
22    service  and was entitled to a retirement annuity on the date
23    of death,  and  no  surviving  spouse  or  child  annuity  is
24    awarded,  $3,000  plus  an  amount  equal  to his accumulated
25    normal, survivor and additional credits on the date of death,
26    excluding those credits and interest earned  thereon  allowed
27    during periods of disability.
28        6.  Upon  the death of an employee annuitant, $3,000 and,
29    unless a surviving spouse, child or reversionary  annuity  is
30    payable, the sum of (i) the excess of the normal and survivor
31    credits,   excluding   those   allowed   during   periods  of
32    disability, which the annuitant had as of the effective  date
33    of  his  annuity  over  the  total annuities paid pursuant to
34    paragraph (a) 1 of Section 7-142 to the date of  death,  plus
                            -3-                LRB9004014EGfg
 1    (ii) the excess of the additional credits, excluding any such
 2    credits  used  to  create  a  reversionary  annuity,  used to
 3    provide the annuity granted pursuant to paragraph  (a)  2  of
 4    Section  7-142  over the total annuity payments made pursuant
 5    thereto to the time of death.
 6        7.  Upon  the  death  of   an   annuitant   receiving   a
 7    reversionary  annuity  or of a person designated to receive a
 8    reversionary annuity prior to the receipt of such annuity the
 9    sum of the additional credits  of  the  person  creating  the
10    reversionary  annuity  as  of  the  effective date of his own
11    retirement annuity over the reversionary annuity payments, if
12    any, made prior to the date of death  of  such  annuitant  or
13    person designated to receive the reversionary annuity.
14        8.  Upon   the   death   of   an  annuitant  receiving  a
15    beneficiary annuity which was  effective  before  January  1,
16    1986,  the  excess  of  the  death  benefit which was used to
17    provide the annuity, over the sum  of  all  annuity  payments
18    made  to  the  beneficiary.  Upon  the  death of an annuitant
19    receiving a beneficiary annuity effective January 1, 1986  or
20    thereafter,  the  sum  of  (i)  the  excess of the normal and
21    survivor credits, excluding those allowed during  periods  of
22    disability,  which the annuitant had as of the effective date
23    of his annuity over the  total  annuities  paid  pursuant  to
24    paragraph  (c)  of Section 7-165, to date of death, plus (ii)
25    the excess of the  additional  credits,  excluding  any  such
26    credits  used  to  create  a  reversionary  annuity,  used to
27    provide the annuity granted  pursuant  to  paragraph  (d)  of
28    Section  7-165  over the total annuity payments made pursuant
29    thereto to the time of death.
30        9.  Upon the marriage prior to reaching  age  55  (except
31    for  the  surviving  spouse  of  a  sheriff's law enforcement
32    employee who remarries after December 31, 1997) or death of a
33    person receiving a surviving spouse annuity, unless  a  child
34    annuity  is  payable, the sum of (i) the excess of the normal
                            -4-                LRB9004014EGfg
 1    and survivor credits, excluding those  credits  and  interest
 2    thereon allowed during periods of disability, attributable to
 3    the  employee at the effective date of the annuity or date of
 4    death, whichever  first  occurred,  over  the  total  of  all
 5    annuity  payments  attributable to paragraph (a) 1 of Section
 6    7-142 made to the employee or surviving spouse plus (ii)  the
 7    excess  of the additional credits, excluding any such credits
 8    used to create a reversionary annuity or used to provide  the
 9    annuity attributable to paragraph (a) 2 of Section 7-142 over
10    the total of such payments.
11        10.  Upon  the marriage, death or attainment of age 18 of
12    a  child  receiving  a  child  annuity,  if  no  other  child
13    annuities are payable, the sum  of  (i)  the  excess  of  the
14    normal  and  survivor  credits  excluding  those  credits and
15    interest thereon allowed during periods of disability, of the
16    employee at the effective date of  the  annuity  or  date  of
17    death,  whichever  first  occurred,  over  the  total annuity
18    payments attributable to paragraph (a)  1  of  Section  7-142
19    made to the employee, surviving spouse and children plus (ii)
20    the  excess  of  the  additional  credits, excluding any such
21    credits used  to  create  a  reversionary  annuity,  used  to
22    provide  the  annuity  attributable  to  paragraph  (a)  2 of
23    Section 7-142 over the total annuity  payments  made  to  the
24    employee, surviving spouse and children, pursuant thereto.
25        11.  Upon  the  death of the participating employee whose
26    annuity was suspended upon his return to employment:
27        a.  If a surviving spouse or child  annuity  is  awarded,
28    $3,000;
29        b.  If  no  surviving  spouse or child annuity is awarded
30    and he had less than one year's service upon  return,  $3,000
31    plus  the  excess  of  the  normal,  survivor  and additional
32    credits, including  interest  thereon,  but  excluding  those
33    allowed  during a period of disability, at the effective date
34    of the  suspended  annuity,  plus  those  allowed  after  his
                            -5-                LRB9004014EGfg
 1    return, over all annuity payments made to the employee;
 2        c.  If  no  surviving  spouse or child annuity is awarded
 3    and he has one year or  more  of  service  upon  return,  the
 4    higher  of  (a)  the  payment  under  subparagraph  b of this
 5    paragraph or (b)  the  payment  under  paragraph  1  of  this
 6    Section,  taking  into  consideration  only  the  service and
 7    credits allowed after his return,  plus  the  excess  of  the
 8    normal,  survivor  and additional credits, including interest
 9    thereon,  excluding   those   allowed   during   periods   of
10    disability,  at  the  effective date of his suspended annuity
11    over all annuity payments made to the employee.
12        12.  The $3,000 death benefit provided  in  paragraphs  4
13    and  6  shall  not be payable to beneficiaries of persons who
14    terminated service prior to September  8,  1971,  unless  the
15    payment  or agreement for payment provided by Section 7-144.2
16    of this Article is made prior to the date of death.
17        13.  The increase in certain death benefits  from  $1,000
18    to $3,000 provided by this amendatory Act of 1987 shall apply
19    only to deaths occurring on or after January 1, 1988.
20    (Source: P.A. 85-941.)
21        Section  90.  The State Mandates Act is amended by adding
22    Section 8.21 as follows:
23        (30 ILCS 805/8.21 new)
24        Sec. 8.21. Exempt mandate.   Notwithstanding  Sections  6
25    and  8 of this Act, no reimbursement by the State is required
26    for  the  implementation  of  any  mandate  created  by  this
27    amendatory Act of 1997.
28        Section 99. Effective date.  This Act takes  effect  upon
29    becoming law.

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