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90_HB1296ham001
LRB9004157EGfgam02
1 AMENDMENT TO HOUSE BILL 1296
2 AMENDMENT NO. . Amend House Bill 1296 on page 19, in
3 line 8, by inserting "15-141, 15-142," after "15-136,"; and
4 on page 34, by inserting below line 2 the following:
5 "(40 ILCS 5/15-141) (from Ch. 108 1/2, par. 15-141)
6 Sec. 15-141. Death benefits - Death of participant. The
7 beneficiary of a participant is entitled to a death benefit
8 equal to the sum of (1) the employee's accumulated normal and
9 additional contributions on the date of death, (2) the
10 employee's accumulated survivors insurance contributions on
11 the date of death, if a survivors insurance benefit is not
12 payable, (3) an amount equal to the employee's final rate of
13 earnings, but not more than $5,000 if (i) the beneficiary,
14 under rules of the board, was dependent upon the participant,
15 (ii) the participant was a participating employee immediately
16 prior to his or her death, and (iii) a survivors insurance
17 benefit is not payable, and (4) $2,500 if (i) the beneficiary
18 was not dependent upon the participant, (ii) the participant
19 was a participating employee immediately prior to his or her
20 death, and (iii) a survivors insurance benefit is not
21 payable.
22 However, if the participant has elected to participate in
-2- LRB9004157EGfgam02
1 the portable retirement benefit program by making the
2 election specified in Section 15-154(a-1), the death benefit
3 shall be calculated as follows. The death benefit shall be
4 equal to the employee's accumulated normal and additional
5 contributions on the date of death, or if the employee died
6 with 5 or more years of service for employment as defined in
7 Section 15-113.1, his or her beneficiary shall also be
8 entitled to employer contributions in an amount equal to the
9 sum of accumulated normal and additional contributions;
10 except that if a benefit to a surviving spouse is payable
11 under Section 15-136.4, the death benefit payable under this
12 paragraph shall be reduced, but to not less than zero, by the
13 actuarial value of the benefit payable to the surviving
14 spouse.
15 If payments are made under any State or Federal Workers'
16 Compensation or Occupational Diseases Law because of the
17 death of an employee, the portion of the death benefit
18 payable from employer contributions shall be reduced by the
19 total amount of the payments.
20 (Source: P.A. 87-8.)
21 (40 ILCS 5/15-142) (from Ch. 108 1/2, par. 15-142)
22 Sec. 15-142. Death benefits - Death of annuitant. Upon
23 the death of an annuitant receiving a retirement annuity or
24 disability retirement annuity, the annuitant's beneficiary
25 shall, if a survivor's insurance benefit is not payable under
26 Section 15-145 or an annuity is not payable under Section
27 15-136.4, be entitled to a death benefit equal to the greater
28 of the following: (1) the excess, if any, of the sum of the
29 accumulated normal, survivors insurance and additional
30 contributions as of the date of retirement, or the date the
31 disability retirement annuity began, whichever is earlier,
32 over the sum of all annuity payments made prior to the date
33 of death, or (2) $1,000.
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1 (Source: P.A. 83-1440.)"; and
2 on page 35, in line 12, by changing "effective date of this
3 amendatory Act of 1997" to "date on which his or her employer
4 first offers an optional retirement program under Section
5 15-158.2"; and
6 on page 35, in lines 16 through 18, by deleting "and by
7 forgoing the death benefits under Sections 15-141 and
8 15-142"; and
9 on page 35, in line 22, by changing "effective date of this
10 amendatory Act of 1997" to "date on which his or her employer
11 first offers an optional retirement program under Section
12 15-158.2"; and
13 on page 35, in lines 26 and 27, by deleting "and by forgoing
14 the death benefits under Sections 15-141 and 15-142"; and
15 on page 35, in lines 32 and 33, by changing "of the effective
16 date of this amendatory Act of 1997" to "after the date on
17 which his or her employer first offers an optional retirement
18 program under Section 15-158.2"; and
19 on page 39, in line 2, by changing "additional" to
20 "additional"; and
21 on page 39, in line 6, by inserting "additional" after
22 "make".