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90_SB1345
40 ILCS 5/17-121 from Ch. 108 1/2, par. 17-121
40 ILCS 5/17-125 from Ch. 108 1/2, par. 17-125
40 ILCS 5/17-126 from Ch. 108 1/2, par. 17-126
30 ILCS 805/8.22 new
Amends the Chicago Teacher Article of the Pension Code.
Provides survivor benefits for a surviving spouse who marries
a retired teacher at least 18 months before the retired
teacher's death, provided that any refund of contributions
for survivor's pension has been repaid. Amends the State
Mandates Act to require implementation without reimbursement.
Effective immediately.
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LRB9008796EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 17-121, 17-125, and 17-126 and to amend the State
3 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 17-121, 17-125, and 17-126 as follows:
8 (40 ILCS 5/17-121) (from Ch. 108 1/2, par. 17-121)
9 Sec. 17-121. Survivor's and Children's pensions -
10 Eligibility.
11 (a) The surviving spouse of a teacher who dies on or
12 after the effective date of this amendatory Act of 1998 shall
13 be entitled to a survivor's pension only if he or she was
14 married to the teacher for at least 1 1/2 years immediately
15 prior to the teacher's death and any refund of the teacher's
16 contributions for survivor's pension has been repaid.
17 A surviving spouse of a teacher who dies before the
18 effective date of this amendatory Act of 1998 shall be
19 entitled to a survivor's pension only if he or she was
20 married to the teacher contributor for at least 1 1/2 years
21 immediately prior to the teacher's his death or retirement,
22 whichever first occurs, and also on the date of the teacher's
23 last termination of his service.
24 (b) If the surviving spouse is under age 50 and there
25 are no eligible minor children born to or legally adopted by
26 the contributor and his surviving spouse, payment of the
27 survivor's pension shall begin when the surviving spouse
28 attains age 50.
29 (c) Remarriage of the surviving spouse prior to
30 September 1, 1983 while in receipt of a survivor's pension
31 shall permanently terminate payment thereof, regardless of
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1 any subsequent change in marital status; however, beginning
2 September 1, 1983, remarriage of a surviving spouse after
3 attainment of age 55 shall not terminate the survivor's
4 pension.
5 A surviving spouse whose pension was terminated on or
6 after September 1, 1983 due to remarriage after attainment of
7 age 55, and who applies for reinstatement of that pension
8 before January 1, 1990, shall be entitled to have the pension
9 reinstated effective January 1, 1990.
10 (Source: P.A. 86-273.)
11 (40 ILCS 5/17-125) (from Ch. 108 1/2, par. 17-125)
12 Sec. 17-125. Refund of contributions.
13 (a) Upon certification by the Employer of his
14 resignation or cancellation of his teaching certificate prior
15 to completion of the minimum term of service required to
16 establish eligibility for a pension and on written
17 application therefor, a teacher shall be paid a refund of all
18 the amounts he has contributed to the Fund, less any former
19 refund that has not been repaid.
20 Upon certification by the Employer of his resignation or
21 cancellation of his teaching certificate after completion of
22 the minimum term of service required to establish eligibility
23 for a pension and on written application therefor, a teacher
24 shall be paid a refund of all the amounts he has contributed,
25 less (1) any former refund that has not been repaid, and (2)
26 pension payments received, provided he has executed and
27 delivered to the Board his written receipt and release in
28 that behalf. Thereupon, he shall have no further interest in
29 or claim against the Fund.
30 A request for refund under either of the preceding
31 paragraphs shall be considered valid if withdrawal from
32 service occurred at least 2 months prior to the filing of
33 such request.
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1 (b) Upon retirement of a teacher either on immediate or
2 deferred pension, if the teacher is not then married, or if
3 his spouse or children do not meet the qualifying conditions
4 for survivor's or children's pensions, the total amount
5 contributed by him or otherwise paid by deductions from
6 salary for survivor's pension, shall be refunded to him,
7 without interest. No survivor's or children's pension rights
8 shall be effective thereafter in such a case unless the
9 refund is repaid as provided in Section 17-126.
10 (c) During a teacher's term of service, no refund is
11 payable except contributions made in error.
12 (Source: P.A. 90-566, eff. 1-2-98.)
13 (40 ILCS 5/17-126) (from Ch. 108 1/2, par. 17-126)
14 Sec. 17-126. Repayment of refund.
15 (a) If any person who has received a refund is
16 reemployed by an Employer and again becomes a contributor for
17 a period of at least 2 years, or has established credit of at
18 least 2 years of service subsequent to the date of such
19 refund, in a retirement system which has subscribed to the
20 "Retirement Systems Reciprocal Act" and is a contributor
21 thereto, he or she may repay to the Fund the amount of the he
22 received as a refund, together with interest thereon at 5%
23 per annum compounded annually from the time the refund was
24 paid to the date of repayment.
25 (b) If a person who has received a refund of
26 contributions for survivor's pension marries after withdrawal
27 from service, he or she may repay to the Fund the amount of
28 the refund, together with interest thereon at the rate of 5%
29 per annum, compounded annually, from the date of refund to
30 the date of repayment.
31 Notwithstanding Section 17-157, the changes made to this
32 Section and Sections 17-121 and 17-125 by this amendatory Act
33 of 1998 apply without regard to whether or not the teacher is
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1 in service on or after the effective date of this amendatory
2 Act.
3 (Source: P.A. 90-566, eff. 1-2-98.)
4 Section 90. The State Mandates Act is amended by adding
5 Section 8.22 as follows:
6 (30 ILCS 805/8.22 new)
7 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
8 and 8 of this Act, no reimbursement by the State is required
9 for the implementation of any mandate created by this
10 amendatory Act of 1998.
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.