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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.
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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
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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
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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
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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
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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.