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90_HB3538
40 ILCS 5/13-302 from Ch. 108 1/2, par. 13-302
40 ILCS 5/13-306 from Ch. 108 1/2, par. 13-306
40 ILCS 5/13-308 from Ch. 108 1/2, par. 13-308
40 ILCS 5/13-309 from Ch. 108 1/2, par. 13-309
40 ILCS 5/13-310 from Ch. 108 1/2, par. 13-310
40 ILCS 5/13-311 from Ch. 108 1/2, par. 13-311
30 ILCS 805/8.22 new
Amends the Metropolitan Water Reclamation District
Article of the Illinois Pension Code. Decreases the duty
disability benefit from 75% to 50% of salary and delays
payment until final adjudication of the issue of
compensability under the Workers' Compensation Act or the
Workers' Occupational Diseases Act. Provides for termination
of both duty and ordinary disability benefits if the disabled
employee (i) fails to follow medical advice, (ii) refuses to
authorize the Board to examine his or her medical and
hospital records, or (iii) fails to provide complete
information relating to other employment. Expands
application of the workers' compensation offset to benefits
other than disability benefits and child and surviving spouse
annuities and provides that interest shall not be considered
in certain calculations. (Article XIII, Section 5 of the
Illinois Constitution may prevent these benefit reductions
and limitations from applying to current or former members.)
Also provides for an increase in the child's annuity, the
minimum retirement annuity, and the minimum surviving spouse
annuity. Allows conversion of a surviving spouse's term
annuity into a minimum surviving spouse annuity. Amends the
State Mandates Act to require implementation without
reimbursement. Effective immediately.
LRB9010197EGfg
LRB9010197EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 13-302, 13-306, 13-308, 13-309, 13-310, and 13-311
3 and to amend the State Mandates Act.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Pension Code is amended by
7 changing Sections 13-302, 13-306, 13-308, 13-309, 13-310, and
8 13-311 as follows:
9 (40 ILCS 5/13-302) (from Ch. 108 1/2, par. 13-302)
10 Sec. 13-302. Computation of retirement annuity.
11 (a) Computation of annuity. An employee who withdraws
12 from service on or after July 1, 1989 and who has met the age
13 and service requirements and other conditions for eligibility
14 set forth in Section 13-301 of this Article is entitled to
15 receive a retirement annuity for life equal to 2.2% of
16 average final salary for each of the first 20 years of
17 service, and 2.4% of average final salary for each year of
18 service in excess of 20. The retirement annuity shall not
19 exceed 80% of average final salary.
20 (b) Early retirement discount. If an employee retires
21 prior to attainment of age 60 with less than 30 years of
22 service, the annuity computed above shall be reduced by 1/2
23 of 1% for each full month between the date the annuity begins
24 and attainment of age 60, or each full month by which the
25 employee's service is less than 30 years, whichever is less.
26 However, where the employee first enters service after the
27 effective date of this amendatory Act of 1997 and does not
28 have at least 10 years of service exclusive of credit under
29 Article 20, the annuity computed above shall be reduced by
30 1/2 of 1% for each full month between the date the annuity
31 begins and attainment of age 60.
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1 (c) Early retirement without discount. An employee who
2 has attained age 50 and retires after December 31, 1987 and
3 before June 30, 1997, and who retires within 6 months of the
4 last day for which retirement contributions were required,
5 may elect at the time of application to make a one-time
6 employee contribution to the Fund and thereby avoid the early
7 retirement reduction specified in subsection (b). The
8 exercise of the election shall also obligate the employer to
9 make a one-time nonrefundable contribution to the Fund.
10 The one-time employee and employer contributions shall be
11 a percentage of the retiring employee's last full-time annual
12 salary, calculated as the total amount paid during the last
13 260 work days immediately prior to the date of withdrawal, or
14 if not full-time then the full time equivalent, and based on
15 the employee's age and service at retirement. The employee
16 contribution rate shall be 7% multiplied by the lesser of the
17 following 2 numbers: (1) the number of years, or portion
18 thereof, that the employee is less than age 60; or (2) the
19 number of years, or portion thereof, that the employee's
20 service is less than 30 years. The employer contribution
21 shall be at the rate of 20% for each year, or portion
22 thereof, that the participant is less than age 60.
23 Upon receipt of the application, the Board shall
24 determine the corresponding employee and employer
25 contributions. The annuity shall not be payable under this
26 subsection until both the required contributions have been
27 received by the Fund. However, the date the contributions
28 are received shall not be considered in determining the
29 effective date of retirement.
30 The number of employees who may retire under this Section
31 in any year may be limited at the option of the District to a
32 specified percentage of those eligible, not lower than 30%,
33 with the right to participate to be allocated among those
34 applying on the basis of seniority in the service of the
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1 employer.
2 An employee who has terminated employment and
3 subsequently re-enters service shall not be entitled to early
4 retirement without discount under this subsection unless the
5 employee continues in service for at least 4 years after
6 re-entry.
7 (c-1) Early retirement without discount; retirement
8 after June 29, 1997. An employee who (i) has attained age 55
9 (age 50 if the employee first entered service before the
10 effective date of this amendatory Act of 1997), (ii) has at
11 least 10 years of service exclusive of credit under Article
12 20, (iii) retires after June 29, 1997 and before January 1,
13 2003, and (iv) retires within 6 months of the last day for
14 which retirement contributions were required, may elect at
15 the time of application to make a one-time employee
16 contribution to the Fund and thereby avoid the early
17 retirement reduction specified in subsection (b). The
18 exercise of the election shall also obligate the employer to
19 make a one-time nonrefundable contribution to the Fund.
20 The one-time employee and employer contributions shall be
21 a percentage of the retiring employee's highest full-time
22 annual salary, calculated as the total amount of salary
23 included in the highest 26 consecutive pay periods as used in
24 the average final salary calculation, and based on the
25 employee's age and service at retirement. The employee rate
26 shall be 7% multiplied by the lesser of the following 2
27 numbers: (1) the number of years, or portion thereof, that
28 the employee is less than age 60; or (2) the number of years,
29 or portion thereof, that the employee's service is less than
30 30 years. The employer contribution shall be at the rate of
31 20% for each year, or portion thereof, that the participant
32 is less than age 60.
33 Upon receipt of the application, the Board shall
34 determine the corresponding employee and employer
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1 contributions. The annuity shall not be payable under this
2 subsection until both the required contributions have been
3 received by the Fund. However, the date the contributions
4 are received shall not be considered in determining the
5 effective date of retirement.
6 The number of employees who may retire under this Section
7 in any year may be limited at the option of the District to a
8 specified percentage of those eligible, not lower than 30%,
9 with the right to participate to be allocated among those
10 applying on the basis of seniority in the service of the
11 employer.
12 An employee who has terminated employment and
13 subsequently re-enters service shall not be entitled to early
14 retirement without discount under this subsection unless the
15 employee continues in service for at least 4 years after
16 re-entry.
17 (d) Annual increase. Except for employees retiring and
18 receiving a term annuity, an employee who retires on or after
19 July 1, 1985 shall, upon the first payment date following the
20 first anniversary of the date of retirement, have the monthly
21 annuity increased by 3% of the amount of the monthly annuity
22 fixed at the date of retirement. The monthly annuity shall
23 be increased by an additional 3% on the same date each year
24 thereafter. Beginning January 1, 1993, all annual increases
25 payable under this subsection (or any predecessor provision,
26 regardless of the date of retirement) shall be calculated at
27 the rate of 3% of the monthly annuity payable at the time of
28 the increase, including any increases previously granted
29 under this Article.
30 Any employee who (i) retired before July 1, 1985 with at
31 least 10 years of creditable service, (ii) is receiving a
32 retirement annuity under this Article, other than a term
33 annuity, and (iii) has not received any annual increase under
34 this subsection, shall begin receiving the annual increases
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1 provided under this subsection (d) beginning on the next
2 annuity payment date following the effective date of this
3 amendatory Act of 1997.
4 (e) Minimum retirement annuity. Beginning January 1,
5 1993, the minimum monthly retirement annuity shall be $500
6 for any annuitant having at least 10 years of service under
7 this Article, other than a term annuitant or an annuitant who
8 began receiving the annuity before attaining age 60. Any
9 such annuitant who is receiving a monthly annuity of less
10 than $500 shall have the annuity increased to $500 on that
11 date.
12 Beginning January 1, 1993, the minimum monthly retirement
13 annuity shall be $250 for any annuitant (other than a term or
14 reciprocal annuitant or an annuitant under subsection (d) of
15 Section 13-301) having less than 10 years of service under
16 this Article, and for any annuitant (other than a term
17 annuitant) having at least 10 years of service under this
18 Article who began receiving the annuity before attaining age
19 60. Any such annuitant who is receiving a monthly annuity of
20 less than $250 shall have the annuity increased to $250 on
21 that date.
22 Beginning on the first day of the month following the
23 month in which this amendatory Act of 1998 takes effect (and
24 without regard to whether the annuitant was in service on or
25 after that effective date), the minimum monthly retirement
26 annuity for any annuitant having at least 10 years of
27 service, other than a term annuitant or an annuitant whose
28 annuity is subject to an early retirement discount, shall be
29 $500 plus $25 for each year of service in excess of 10, not
30 to exceed $750 for an annuitant with 20 or more years of
31 service. In the case of a reciprocal annuity, this minimum
32 shall apply only if the annuitant has at least 10 years of
33 service under this Article, and the amount of the minimum
34 annuity shall be reduced by the sum of all the reciprocal
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1 annuities payable to the annuitant by other participating
2 systems under Article 20 of this Code.
3 (Source: P.A. 90-12, eff. 6-13-97.)
4 (40 ILCS 5/13-306) (from Ch. 108 1/2, par. 13-306)
5 Sec. 13-306. Computation of surviving spouse's annuity.
6 (a) Computation of the annuity. The surviving spouse's
7 annuity shall be equal to 60% of the retirement annuity
8 earned and accrued to the credit of the deceased employee,
9 whether death occurs while in service or after withdrawal,
10 plus 1% for each year of total service of the employee to a
11 maximum of 85%; provided, however, that if the employee's
12 death arises out of and in the course of the employee's
13 service to the employer and is compensable under either the
14 Illinois Workers' Compensation Act or Illinois Workers'
15 Occupational Diseases Act, the surviving spouse's annuity is
16 payable regardless of the employee's length of service and
17 shall be not less than 50% of the employee's salary at the
18 date of death.
19 For any death in service the early retirement discount
20 required under Section 13-302(b) shall not be applied in
21 computing the retirement annuity upon which is based the
22 surviving spouse's annuity.
23 (b) Reciprocal service. For any employee or annuitant
24 who retires on or after July 1, 1985 and whose death occurs
25 after January 1, 1991, having at least 15 years of service
26 with the employer under this Article, and who was eligible at
27 the time of death or elected at the time of retirement to
28 have his or her retirement annuity calculated as provided in
29 Section 20-131 of this Code, the surviving spouse benefit
30 shall be calculated as of the date of the employee's death as
31 indicated in subsection (a) as a percentage of the employee's
32 total benefit as if all service had been with the employer.
33 That benefit shall then be reduced by the amounts payable by
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1 each of the reciprocal funds as of the date of death so that
2 the total surviving spouse benefit at that date will be equal
3 to the benefit which would have been payable had all service
4 been with the employer under this Article.
5 (c) Discount for age differential. The annuity for a
6 surviving spouse shall be discounted by 0.25% for each full
7 month that the spouse is younger than the employee as of the
8 date of withdrawal from service or death in service to a
9 maximum discount of 60% of the surviving spouse annuity as
10 calculated under subsections (a), (b), and (e) of this
11 Section. The discount shall be reduced by 10% for each full
12 year the marriage has been in continuous effect as of the
13 date of withdrawal or death in service. There shall be no
14 discount if the marriage has been in continuous effect for 10
15 full years or more at the time of withdrawal or death in
16 service.
17 (d) Annual increase. On the first day of each calendar
18 month in which there occurs an anniversary of the employee's
19 date of retirement or date of death, whichever occurred
20 first, the surviving spouse's annuity, other than a term
21 annuity under Section 13-307, shall be increased by an amount
22 equal to 3% of the amount of the annuity. Beginning January
23 1, 1993, all annual increases payable under this subsection
24 (or any predecessor provision of this Article) shall be
25 calculated at the rate of 3% of the monthly annuity payable
26 at the time of the increase, including any increases
27 previously granted under this Article.
28 Beginning January 1, 1993, surviving spouse annuitants
29 whose deceased spouse died, retired or withdrew from service
30 before August 23, 1989 with at least 10 years of service
31 under this Article shall be eligible for the annual increases
32 provided under this subsection.
33 (e) Minimum surviving spouse's annuity.
34 (1) Beginning January 1, 1993, the minimum monthly
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1 surviving spouse's annuity shall be $500 for any annuitant
2 whose deceased spouse had at least 10 years of service under
3 this Article, other than a surviving spouse who is a term
4 annuitant or whose deceased spouse began receiving a
5 retirement annuity under this Article before attainment of
6 age 60. Any such surviving spouse annuitant who is receiving
7 a monthly annuity of less than $500 shall have the annuity
8 increased to $500 on that date.
9 Beginning January 1, 1993, the minimum monthly surviving
10 spouse's annuity shall be $250 for any annuitant (other than
11 a term or reciprocal annuitant or an annuitant survivor under
12 subsection (d) of Section 13-301) whose deceased spouse had
13 less than 10 years of service under this Article, and for any
14 annuitant (other than a term annuitant) whose deceased spouse
15 had at least 10 years of service under this Article and began
16 receiving a retirement annuity under this Article before
17 attainment of age 60. Any such surviving spouse annuitant
18 who is receiving a monthly annuity of less than $250 shall
19 have the annuity increased to $250 on that date.
20 (2) Beginning on the first day of the month following
21 the month in which this amendatory Act of 1998 takes effect
22 (and without regard to whether the deceased spouse was in
23 service on or after that effective date), the minimum monthly
24 surviving spouse's annuity for any annuitant whose deceased
25 spouse had at least 10 years of service shall be the greater
26 of the following:
27 (A) An amount equal to $500, plus $25 for each year
28 of the deceased spouse's service in excess of 10, not to
29 exceed $750 for an annuitant whose deceased spouse had 20
30 or more years of service. This subdivision (A) is not
31 applicable if the deceased spouse received a retirement
32 annuity that was subject to an early retirement discount.
33 (B) An amount equal to (i) 50% of the retirement
34 annuity earned and accrued to the credit of the deceased
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1 spouse at the time of death, plus (ii) the amount of any
2 annual increases applicable to the surviving spouse's
3 annuity (including the amount of any reversionary
4 annuity) under subsection (d) before the effective date
5 of this amendatory Act of 1998. In any case in which a
6 refund of excess contributions for the surviving spouse
7 annuity has been paid by the Fund and the surviving
8 spouse annuity is increased due to the application of
9 this subdivision (B), the amount of that refund shall be
10 recovered by the Fund as an offset against the amount of
11 the increase in annuity arising from the application of
12 this subdivision (B).
13 In the case of a reciprocal annuity, the minimum annuity
14 calculated under this subdivision (e)(2) shall apply only if
15 the deceased spouse of the annuitant had at least 10 years of
16 service under this Article, and the amount of the minimum
17 annuity shall be reduced by the sum of all the reciprocal
18 annuities payable to the annuitant by other participating
19 systems under Article 20 of this Code.
20 The minimum annuity calculated under this subdivision
21 (e)(2) is in addition to the amount of any reversionary
22 annuity that may be payable.
23 (3) Beginning on the first day of the month following
24 the month in which this amendatory Act of 1998 takes effect
25 (and without regard to whether the deceased spouse was in
26 service on or after that effective date), any surviving
27 spouse who is receiving a term annuity under Section 13-307
28 or any predecessor provision of this Article may have that
29 term annuity recalculated and converted to a minimum
30 surviving spouse annuity under this subsection (e).
31 (4) The minimum annuity provided under this subsection
32 (e) shall be subject to the age discount provided under
33 subsection (c) of this Section.
34 (Source: P.A. 90-12, eff. 6-13-97.)
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1 (40 ILCS 5/13-308) (from Ch. 108 1/2, par. 13-308)
2 Sec. 13-308. Child's annuity.
3 (a) Eligibility. A child's annuity shall be provided
4 for each unmarried child under the age of 18 years whose
5 employee parent dies while in service, or whose deceased
6 parent is an annuitant or former employee with at least 10
7 years of creditable service who did not take a refund of
8 employee contributions.
9 For purposes of this Section, "employee" includes a
10 former employee, and "child" means the issue of an employee,
11 or a child adopted by an employee if the proceedings for
12 adoption were instituted at least one year prior to the
13 employee's death.
14 Payments shall cease when a child attains the age of 18
15 years or marries, whichever first occurs. The annuity shall
16 not be payable unless the employee has been employed as an
17 employee for at least 36 months from the date of the
18 employee's original entry into service (at least 24 months in
19 the case of an employee who first entered service before the
20 effective date of this amendatory Act of 1997) and at least
21 12 months from the date of the employee's latest re-entry
22 into service; provided, however, that if death arises out of
23 and in the course of service to the employer and is
24 compensable under either the Illinois Workers' Compensation
25 Act or Illinois Workers' Occupational Diseases Act, the
26 annuity is payable regardless of the employee's length of
27 service.
28 (b) Amount. A child's annuity shall be $500 $250 per
29 month for one child and $350 per month for each additional
30 child, up to a maximum of $2,500 per month for all children
31 of the employee, as provided in this Section, if a parent of
32 the child is living. The child's annuity shall be $1,000 per
33 month for one child, and $500 $350 per month for each
34 additional child, up to a maximum of $2,500 for all children
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1 of the employee, when neither parent is alive. The total
2 amount payable to all children of the employee shall be
3 divided equally among those children. Any child's annuity
4 which commenced prior to the effective date of this
5 amendatory Act of 1998 1991 shall be increased upon that the
6 effective date to the amount set forth herein.
7 (c) Payment. A child's annuity shall be paid to the
8 child's parent or other person who shall be providing for the
9 child without requiring formal letters of guardianship,
10 unless another person shall be appointed by a court of law as
11 guardian.
12 (Source: P.A. 90-12, eff. 6-13-97.)
13 (40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309)
14 Sec. 13-309. Duty disability benefit.
15 (a) Any employee who becomes disabled, which disability
16 is the result of an injury or illness compensable under the
17 Illinois Workers' Compensation Act or the Illinois Workers'
18 Occupational Diseases Act, is entitled to a duty disability
19 benefit during the period of disability for which the
20 employee does not receive any part of salary, or any part of
21 a retirement annuity under this Article; except that in the
22 case of an employee who first enters service on or after the
23 effective date of this amendatory Act of 1997, a duty
24 disability benefit is not payable for the first 3 days of
25 disability that would otherwise be payable under this Section
26 if the disability does not continue for at least 11
27 additional days. This benefit shall be 50% 75% of salary at
28 the date disability begins. However, If the disability in
29 any measure resulted from any physical defect or disease
30 which existed at the time such injury was sustained or such
31 illness commenced, the duty disability benefit shall also be
32 50% of salary.
33 Unless the employer acknowledges that the disability is a
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1 result of injury or illness compensable under the Workers'
2 Compensation Act or the Workers' Occupational Diseases Act,
3 the duty disability benefit shall not be payable until the
4 issue of compensability under those Acts is finally
5 adjudicated.
6 The first payment shall be made not later than one month
7 after the benefit is granted, and subsequent payments shall
8 be made at least monthly. The Board shall by rule prescribe
9 for the payment of such benefits on the basis of the amount
10 of salary lost during the period of disability.
11 (b) The benefit shall be allowed only if the following
12 requirements are met by the employee:
13 (1) Application is made to the Board within 90 days
14 from the date disability begins;
15 (2) A medical report is submitted by at least one
16 licensed and practicing physician as part of the
17 employee's application; and
18 (3) The employee is examined by at least one
19 licensed and practicing physician appointed by the Board
20 and found to be in a disabled physical condition, and
21 shall be re-examined at least annually thereafter during
22 the continuance of disability. The employee need not be
23 re-examined by a licensed and practicing physician if the
24 attorney for the district certifies in writing that the
25 employee is entitled to receive compensation under the
26 Workers' Compensation Act or the Workers' Occupational
27 Diseases Act.
28 (c) The benefit shall terminate when:
29 (1) The employee returns to work or receives a
30 retirement annuity paid wholly or in part under this
31 Article;
32 (2) The disability ceases;
33 (3) The employee attains age 65, but if the
34 employee becomes disabled at age 60 or later, benefits
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1 may be extended for a period of no more than 5 years
2 after disablement;
3 (4) The employee (i) refuses to submit to
4 reasonable examinations by physicians or other health
5 professionals appointed by the Board, (ii) fails or
6 refuses to consent to and sign an authorization allowing
7 the Board to receive copies of or to examine the
8 employee's medical and hospital records, or (iii) fails
9 or refuses to provide complete information regarding any
10 other employment for compensation he or she has received
11 since becoming disabled; or
12 (5) The employee willfully and continuously refuses
13 to follow accept medical advice and treatment to enable
14 the employee to return to work. However this provision
15 does not apply to an employee who relies in good faith on
16 treatment by prayer through spiritual means alone in
17 accordance with the tenets and practice of a recognized
18 church or religious denomination, by a duly accredited
19 practitioner thereof.
20 In the case of a duty disability recipient who returns to
21 work, the employee must make application to the Retirement
22 Board within 2 years from the date the employee last received
23 duty disability benefits in order to become again entitled to
24 duty disability benefits based on the injury for which a duty
25 disability benefit was theretofore paid.
26 (Source: P.A. 90-12, eff. 6-13-97.)
27 (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)
28 Sec. 13-310. Ordinary disability benefit.
29 (a) Any employee who becomes disabled as the result of
30 any cause other than injury or illness incurred in the
31 performance of duty for the employer or any other employer,
32 or while engaged in self-employment activities, shall be
33 entitled to an ordinary disability benefit. The eligible
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1 period for this benefit shall be 25% of the employee's total
2 actual service prior to the date of disability with a
3 cumulative maximum period of 5 years.
4 (b) The benefit shall be allowed only if the employee
5 files an application in writing with the Board, and a medical
6 report is submitted by at least one licensed and practicing
7 physician as part of the employee's application.
8 The benefit is not payable for any disability which
9 begins during any period of unpaid leave of absence. No
10 benefit shall be allowed for any period of disability prior
11 to 30 days before application is made, unless the Board finds
12 good cause for the delay in filing the application. The
13 benefit shall not be paid during any period for which the
14 employee receives or is entitled to receive any part of
15 salary.
16 The benefit is not payable for any disability which
17 begins during any period of absence from duty other than
18 allowable vacation time in any calendar year. An employee
19 whose disability begins during any such ineligible period of
20 absence from service may not receive benefits until the
21 employee recovers from the disability and is in service for
22 at least 15 consecutive working days after such recovery.
23 In the case of an employee who first enters service on or
24 after the effective date of this amendatory Act of 1997, an
25 ordinary disability benefit is not payable for the first 3
26 days of disability that would otherwise be payable under this
27 Section if the disability does not continue for at least 11
28 additional days.
29 (c) The benefit shall be 50% of the employee's salary at
30 the date of disability, and shall terminate when the earliest
31 of the following occurs:
32 (1) The employee returns to work or receives a
33 retirement annuity paid wholly or in part under this
34 Article;
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1 (2) The disability ceases;
2 (3) The employee willfully and continuously refuses
3 to follow medical advice and treatment to enable the
4 employee to return to work. However this provision does
5 not apply to an employee who relies in good faith on
6 treatment by prayer through spiritual means alone in
7 accordance with the tenets and practice of a recognized
8 church or religious denomination, by a duly accredited
9 practitioner thereof (Blank);
10 (4) The employee (i) refuses to submit to a
11 reasonable physical examination within 30 days of
12 application by a physician appointed by the Board, (ii)
13 or in the case of chronic alcoholism, the employee
14 refuses to join a rehabilitation program licensed by the
15 Department of Public Health of the State of Illinois, and
16 certified by the Joint Commission on the Accreditation of
17 Hospitals, (iii) fails or refuses to consent to and sign
18 an authorization allowing the Board to receive copies of
19 or to examine the employee's medical and hospital
20 records, or (iv) fails or refuses to provide complete
21 information regarding any other employment for
22 compensation he or she has received since becoming
23 disabled; or
24 (5) The eligible period for this benefit has been
25 exhausted.
26 The first payment of the benefit shall be made not later
27 than one month after the same has been granted, and
28 subsequent payments shall be made at intervals of not more
29 than 30 days.
30 (Source: P.A. 90-12, eff. 6-13-97.)
31 (40 ILCS 5/13-311) (from Ch. 108 1/2, par. 13-311)
32 Sec. 13-311. Credit for Workers' Compensation payments.
33 If an employee, or an employee's spouse or children, receives
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1 compensation under any workers' compensation or occupational
2 diseases law, the surviving spouse's or child's annuity or
3 the disability benefit payable under this Article shall be
4 reduced by the amount of the compensation so received if the
5 amount is less than the annuity or benefit. If the
6 compensation exceeds the annuity or benefit, no payment of
7 annuity or benefit shall be made until the period of time has
8 elapsed when the annuity or benefit payable at the rates
9 provided in this Article equals the amount of such
10 compensation. However, the commutation of compensation to a
11 lump sum basis as provided in the workers' compensation or
12 occupational diseases law shall not increase the annuity or
13 benefit provided under this Article; the annuity or benefit
14 to be paid hereunder shall be based on the amount of
15 compensation awarded under such laws prior to commutation of
16 such compensation. No interest shall be considered in these
17 calculations.
18 (Source: P.A. 87-794.)
19 Section 90. The State Mandates Act is amended by adding
20 Section 8.22 as follows:
21 (30 ILCS 805/8.22 new)
22 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
23 and 8 of this Act, no reimbursement by the State is required
24 for the implementation of any mandate created by this
25 amendatory Act of 1998.
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.