State of Illinois
92nd General Assembly
Legislation

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92_SB0100

 
                                               LRB9201206EGfg

 1        AN ACT in relation to public employee benefits.

 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    adding Section 7-199.4 as follows:

 6        (40 ILCS 5/7-199.4 new)
 7        Sec.  7-199.4.  To  administer  a program of group health
 8    benefits.  To administer a program of group  health  benefits
 9    for  retired employees and their dependents and survivors and
10    to provide subsidies on an equitable basis for those  retired
11    employees  who  elect  to  continue  to  participate in their
12    former  IMRF  employer's  group   health   plan   under   the
13    continuation privilege.
14        (a)  For the purposes of this Section:
15        "Active  employee"  means an employee of an IMRF employer
16    who is an active participant in the Fund.
17        "Continuation privilege" means  the  right  of  a  former
18    employee  to  continue participation in the former employer's
19    group  health  plan,  as  established  under   the   Illinois
20    Insurance Code and applicable federal law.
21        "IMRF  employer"  means  a  participating municipality or
22    participating   instrumentality    having    employees    who
23    participate in the Fund by reason of that employment.
24        "Retired  employee"  means  a  person  who is receiving a
25    retirement annuity from the Fund and has a total of at  least
26    8  years  of participation in participating systems under the
27    Retirement Systems Reciprocal Act.
28        (b)  The Board shall establish and administer  a  program
29    of  group  health  benefits  for  retired employees and their
30    dependents and survivors.  This program may be self-funded or
31    operated  under  a  policy  of  group  accident  and   health
 
                            -2-                LRB9201206EGfg
 1    insurance.   As  part  of  this program, the Board shall also
 2    establish and administer a  fair  and  equitable  program  of
 3    subsidies  to  offset  the  cost  of  participation for those
 4    retired employees who elect to  continue  to  participate  in
 5    their  former  IMRF  employer's  group  health plan under the
 6    continuation privilege.
 7        All retired employees are eligible to participate in  the
 8    program.  The Board may adopt any rules that may be necessary
 9    or    convenient    relating   to   the   establishment   and
10    administration of the program or to the conditions and  terms
11    of participation in the program.  The Board rules may require
12    use  of  the  continuation privilege by retired employees who
13    are eligible to use that privilege but are not  eligible  for
14    Medicare.
15        This  program  shall be entirely independent of the other
16    functions  and  assets  of  the  Fund,  and  the  assets  and
17    liabilities arising out of  the  operation  of  this  program
18    shall  remain  separate from the other assets and liabilities
19    of the Fund.  Moneys received by the Board  relating  to  the
20    program  established  under  this Section shall not be deemed
21    contributions to or assets of the  Fund.    All  such  moneys
22    shall be held by the Board in separate accounts and used only
23    for  the  purposes  of  the  program  established  under this
24    Section.
25        (c)  From  the  separate  account  established  for  this
26    purpose, the  Fund  shall  pay  a  portion  of  the  cost  of
27    participation  for  each eligible retired employee who elects
28    to participate in either the  former  IMRF  employer's  group
29    health   plan   under   the  continuation  privilege  or  the
30    IMRF-sponsored health benefit plan, equal to 5% of  the  cost
31    of  the  retired  employee's participation (not including any
32    dependent  or  optional  coverages)  for  each  year  of  the
33    employee's participation in the Fund, up to a maximum  of  20
34    years.  To be eligible for this subsidy, the retired employee
 
                            -3-                LRB9201206EGfg
 1    must  have  a  total  of at least 8 years of participation in
 2    participating systems under the Retirement Systems Reciprocal
 3    Act.
 4        The balance of the cost of participation in  the  program
 5    for  a  retired  employee who elects to participate, together
 6    with the entire cost of any optional coverage or coverage for
 7    dependent  beneficiaries,  shall  be   paid   by   deductions
 8    authorized by the retired employee to be withheld from his or
 9    her  monthly annuity payment, except that any amount by which
10    the monthly premium balance exceeds the  net  amount  of  the
11    monthly  annuity  payment  shall be paid directly to the Fund
12    (or to the  employer  in  the  case  of  utilization  of  the
13    continuation  privilege)  by the participant.  All amounts so
14    withheld or paid to the Fund shall be held in trust  for  the
15    purposes  of  paying  the  costs  of  the  retired employee's
16    participation in the health benefit program.
17        (d)  Beginning on the  first  day  of  the  fourth  month
18    following  the  month in which this Section takes effect, all
19    active employees shall contribute 1% of earnings  toward  the
20    cost  of the program established under subsection (b).  These
21    contributions shall be deducted by the employer and  paid  to
22    the  Fund  for  deposit into the separate account established
23    under subsection (c).  The Fund may use  the  same  processes
24    for  collecting the contributions required by this subsection
25    that it uses to collect contributions  from  employees  under
26    Section  7-173.  An IMRF employer may agree to pick up or pay
27    the contributions required under this subsection on behalf of
28    the employee.  Contributions made under this  subsection  are
29    not transferable to other pension funds or retirement systems
30    and are not refundable upon termination of service.
31        (e)  Beginning  on  the  first  day  of  the fourth month
32    following the month in which this Section takes effect, every
33    IMRF employer shall contribute toward the cost of the program
34    established under subsection (b) an amount equal to 1% of the
 
                            -4-                LRB9201206EGfg
 1    earnings of its active employees.  These contributions  shall
 2    be  paid  by  the  employer  to the Fund for deposit into the
 3    separate account established under subsection (c).  The  Fund
 4    may  use  the same processes for collecting the contributions
 5    required  by  this  subsection  that  it  uses   to   collect
 6    contributions   from   employers  under  Sections  7-172  and
 7    7-172.1.  Contributions for  the  program  established  under
 8    this  Section are separate from the contributions to the Fund
 9    required under Section 7-172 and shall not be included in the
10    calculation of the contribution rate under that Section.
11        (f)  The  Board  shall   establish   and   administer   a
12    transitional  subsidy  program  under this subsection (f) for
13    retired employees who are not eligible for the subsidy  under
14    subsection (c).
15        Beginning  on the first day of the fourth month following
16    the month in which this Section takes effect and ending  upon
17    termination of the transitional subsidy program as determined
18    by the Board, in addition to the contributions required under
19    subsection  (e),  every IMRF employer shall contribute toward
20    the cost of  the  transitional  subsidy  program  established
21    under  this  subsection  (f)  an amount equal to 0.25% of the
22    earnings of its active employees.  These contributions  shall
23    be  paid  by  the  employer  to  the  Fund for deposit into a
24    separate account established under this  subsection  for  the
25    transitional  subsidy  program.   The  Fund  may use the same
26    processes for collecting the contributions required  by  this
27    subsection   that  it  uses  to  collect  contributions  from
28    employers under Sections 7-172  and  7-172.1.   Contributions
29    for  the  transitional subsidy program established under this
30    subsection are separate from the contributions  to  the  Fund
31    required under Section 7-172 and shall not be included in the
32    calculation of the contribution rate under that Section.
33        The  Fund shall pay from the separate account established
34    under this subsection a portion of the cost of  participation
 
                            -5-                LRB9201206EGfg
 1    (not  including any dependent or optional coverages) for each
 2    retired employee who elects  to  participate  in  either  the
 3    former   IMRF   employer's   group   health  plan  under  the
 4    continuation privilege or the IMRF-sponsored  health  benefit
 5    plan and who is not eligible for the subsidy under subsection
 6    (c).   The  amount of the subsidy under this subsection shall
 7    be determined annually by the Fund  on  an  equitable  basis,
 8    based  on the number of years of service with IMRF employers.
 9    The subsidy shall be applied as an offset to deductions  from
10    the monthly annuity.
11        The  balance  of  the cost of participation in the health
12    benefit  program  for  a  retired  employee  who  elects   to
13    participate,  together  with  the entire cost of any optional
14    coverage or coverage for dependent  beneficiaries,  shall  be
15    paid  by  deductions authorized by the retired employee to be
16    withheld from his or her monthly annuity payment, except that
17    any amount by which the monthly premium balance  exceeds  the
18    net  amount  of  the  monthly  annuity  payment shall be paid
19    directly to the Fund (or to  the  employer  in  the  case  of
20    utilization   of   the   continuation   privilege)   by   the
21    participant.   All  amounts  so  withheld or paid to the Fund
22    shall be held in trust for the purposes of paying  the  costs
23    of the retired employee's participation in the health benefit
24    program.
25        This  transitional  subsidy  program shall cease to exist
26    when the Board  determines  that  there  are  no  longer  any
27    retired employees eligible to participate in the transitional
28    subsidy  program.    At that time any excess contributions in
29    the separate account for  the  transitional  subsidy  program
30    shall be returned to IMRF employers on an equitable basis, as
31    determined by the Board.
32        (g)  The  Board  shall  submit  an  annual  report of its
33    activities under this Section to each IMRF employer.
34        (h)  The  group  health  benefit  and  subsidy   programs
 
                            -6-                LRB9201206EGfg
 1    established  under  this  Section  are not intended to be and
 2    shall not be construed to be pension or  retirement  benefits
 3    for  purposes  of  Section  5 of Article XIII of the Illinois
 4    Constitution.

 5        Section 90.  The State Mandates Act is amended by  adding
 6    Section 8.25 as follows:

 7        (30 ILCS 805/8.25 new)
 8        Sec.  8.25.  Exempt  mandate.  Notwithstanding Sections 6
 9    and 8 of this Act, no reimbursement by the State is  required
10    for  the  implementation  of  any  mandate  created  by  this
11    amendatory Act of the 92nd General Assembly.

12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.

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