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91_SB0832
LRB9106005EGfg
1 AN ACT to amend the Illinois Pension Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by
5 changing Section 18-123 as follows:
6 (40 ILCS 5/18-123) (from Ch. 108 1/2, par. 18-123)
7 Sec. 18-123. Participation in survivor's annuity.
8 (a) A participant in active service as a judge after
9 July 26, 1949, is eligible to participate in the survivor's
10 annuity provided under this Article. A married participant
11 who was in service on July 27, 1949 is subject to the
12 provisions relating to survivor's annuities unless he or she
13 filed with the Board written notice not to participate in
14 such annuity within 30 days of that date.
15 A married judge who becomes a participant after July 27,
16 1949, an unmarried judge who becomes a participant after
17 December 31, 1992, and a judge who marries after becoming a
18 participant shall be subject to the provisions relating to
19 survivor's annuities unless he or she files with the Board
20 written notice of his or her election not to participate in
21 the survivor's annuity within 30 days of the date of being
22 notified of the option by the System. Once the election
23 period has expired, a judge may not withdraw from
24 participation under this Section except as provided in
25 Section 18-129.
26 A person who became a participant before January 1, 1997
27 and who is not contributing for survivor's annuity may elect
28 to make contributions for survivor's annuity by filing
29 written notice of the election with the Board no later than
30 April 1, 1998. Such an election may not be rescinded. A
31 person who has so elected shall be entitled only to partial
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1 credit for survivor's annuity under subsection (g) of Section
2 18-129 unless all of the payments required under subsection
3 (f) of that Section have been made.
4 A married participant who elects not to participate in
5 the survivor's annuity provisions shall thereafter be
6 ineligible to participate in the survivor's annuity unless
7 the election is rescinded as provided herein.
8 A married participant who elected not to participate in
9 the survivor's annuity provisions and who is still a judge,
10 may elect to participate therein by filing with the Board
11 before April 1, 1998 a written recision of the election not
12 to participate. The participant and his or her spouse shall
13 be entitled to all the rights of the survivor's annuity,
14 except as limited in Section 18-129, upon paying the System
15 for the survivor's annuity 1 1/2% of each payment of salary
16 earned between July 27, 1949 and July 12, 1953, and 2 1/2% of
17 each payment of salary earned after July 12, 1953, together
18 with interest at 4% per annum, compounded annually from the
19 date the contributions would have been due to the date of
20 payment. The time and manner of paying the required
21 contributions and interest shall be prescribed by the Board.
22 (b) Notwithstanding the other provisions of this Code,
23 the surviving spouse of a deceased judge who died in service
24 in 1959 with at least 8 years of creditable service may
25 elect, within 90 days after the effective date of this
26 amendatory Act of the 91st General Assembly, to become
27 eligible for a survivor's annuity by doing all of the
28 following:
29 (1) Applying to the System in writing for a
30 survivor's annuity to be granted under the provisions of
31 this subsection (b).
32 (2) Repaying to the System the amount of any
33 refund, death benefit, or other distribution received
34 from the System upon the death of the judge, with
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1 interest at the prescribed rate from the date of the
2 distribution to the date of repayment. Upon payment of
3 this amount, the deceased judge's creditable service
4 shall be reinstated in the System.
5 (3) Establishing additional creditable service in
6 the System on the deceased judge's behalf for up to 8
7 years during which the deceased judge was an elected
8 State's Attorney, by paying to the System an amount
9 calculated in accordance with the provisions of
10 subsection (e) of Section 18-112.
11 Upon complying with the requirements of this subsection,
12 the surviving spouse shall be granted a survivor's annuity
13 based upon the creditable service of the deceased judge that
14 is reinstated or established under this subsection. The
15 annuity shall be calculated in accordance with the formulas
16 and provisions of this Article in effect at the time of the
17 application under this subsection, rather than the law
18 applicable at the time of the judge's death, and shall be
19 payable retroactively from the date of the judge's death.
20 (Source: P.A. 90-507, eff. 8-22-97.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.