093_HB3092

 
                                     LRB093 11020 EFG 11687 b

 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    changing Sections 17-124 and 17-133 as follows:

 6        (40 ILCS 5/17-124) (from Ch. 108 1/2, par. 17-124)
 7        Sec.  17-124.   Death  Benefits  -  Death on pension.  On
 8    written application to the Board, there shall be paid to  the
 9    estate  of  a  deceased  teacher-pensioner  a  refund  of the
10    amounts he or she contributed  to  the  Fund,  less  (1)  any
11    former  refund  that  has  not  been  repaid,  (2) the amount
12    contributed for a survivor's pension if  such  a  pension  is
13    payable  under  Sections  17-121  and 17-122, and (3) pension
14    payments received;  pension  payments,  accrued,  temporarily
15    withheld or represented by checks uncashed at the date of his
16    death  and  the  excess,  if  any,  of an amount equal to his
17    refundable contributions for service or disability retirement
18    pension over pension to the date of death; provided, that  if
19    there  be  filed  with  the  Board  prior to the death of the
20    pensioner his  written  direction,  signed  and  acknowledged
21    before  an  officer  authorized to take acknowledgments, that
22    such payments be paid to designated beneficiaries, they shall
23    be so paid on written application therefor to the Board.   If
24    none  of  several  named beneficiaries survives the pensioner
25    and no directive was furnished by the member  to  cover  this
26    contingency,  the  deceased beneficiary's share shall be paid
27    to the estate of the pensioner.
28        If a reversionary pension is  payable  upon  death  of  a
29    pensioner,  the  determination  and  payment of any refund of
30    contributions payable under this Section shall be  made  upon
31    death of the reversionary pensioner. At such time a refund of
 
                            -2-      LRB093 11020 EFG 11687 b
 1    contributions  less  (1)  the  amount  contributed for annual
 2    increases in pension and (2) total pension  payments  to  the
 3    teacher-pensioner  and  survivor  shall be paid in the manner
 4    provided in this Section to the designated beneficiaries,  or
 5    estate of the deceased survivor.
 6        If  a  pension  is  payable  to a surviving spouse and/or
 7    minor children upon death of a pensioner,  the  determination
 8    of  any  refund  of  contributions payable under this Section
 9    shall be made upon death of  the  survivor  and  marriage  or
10    attainment of age 18 of minor children. At that time a refund
11    of contributions for retirement and survivors' and children's
12    pensions  less  total  pension payments to teacher-pensioner,
13    survivor and minor children  shall  be  paid  in  the  manner
14    provided  in this Section to the designated beneficiaries, or
15    estate of the deceased survivor.
16        If eligible beneficiaries for  survivors'  or  children's
17    benefits  existed at the time of a pensioner's retirement but
18    not on the date of his death thereafter, the excess of  total
19    contributions  for  retirement  and survivors' and children's
20    pensions over pensions paid shall be determined upon death of
21    the pensioner and paid in the manner provided in this Section
22    to the designated beneficiaries, or estate  of  the  deceased
23    teacher-pensioner.
24        Reversionary  or  survivor's  pension  payments  accrued,
25    temporarily  withheld,  or  represented by uncashed checks to
26    the  date  of  death  shall  be  paid  to  the   reversionary
27    pensioner's or survivor's designated beneficiaries, or estate
28    in the manner provided in this Section.
29        On  death  of  a retired teacher whose death occurs on or
30    after the effective date of  this  amendatory  Act  of  1991,
31    there  shall  be  payable a lump sum death benefit equal to 6
32    times the teacher's salary rate for his last month of service
33    or $10,000, whichever is less, upon death  during  the  first
34    year  on  pension  minus 1/5 of the death benefit, as defined
 
                            -3-      LRB093 11020 EFG 11687 b
 1    herein, for each year or fraction thereof  on  pension  after
 2    the first full year, to a minimum of $5,000.
 3        Notwithstanding  Section 17-157, the changes made in this
 4    Section and Section 17-123 by this  amendatory  Act  of  1991
 5    shall  apply to teachers dying on or after the effective date
 6    of this amendatory Act of  1991  without  regard  to  whether
 7    service terminated prior to that date.
 8    (Source: P.A. 90-566, eff. 1-2-98.)

 9        (40 ILCS 5/17-133) (from Ch. 108 1/2, par. 17-133)
10        Sec.  17-133.  Contributions  for  periods of outside and
11    other service.  Regularly certified  and  appointed  teachers
12    who  desire to have the following described services credited
13    for pension purposes  shall  submit  to  the  Board  evidence
14    thereof and pay into the Fund the amounts prescribed herein:
15             1.  For  teaching  service by a certified teacher in
16        the public schools of the several states  or  in  schools
17        operated by or under the auspices of the United States, a
18        teacher shall pay the contributions at the rates in force
19        (a)  on  the date of appointment as a regularly certified
20        teacher after salary adjustments are completed, or (b) at
21        the time of reappointment after  salary  adjustments  are
22        completed, whichever is later, but not less than $450 per
23        year  of  service.   Upon  the  Board's  approval of such
24        service and the payment of  the  required  contributions,
25        service  credit  of  not  more  than  10  years  shall be
26        granted.
27             2.  For service as a playground instructor in public
28        school playgrounds, teachers shall pay the  contributions
29        prescribed   in   this   Article   (a)  at  the  time  of
30        appointment,  as  a  regularly  certified  teacher  after
31        salary adjustments are completed, or  (b)  on  return  to
32        service  as  a  full time regularly certified teacher, as
33        the case may be, provided such rates or amounts shall not
 
                            -4-      LRB093 11020 EFG 11687 b
 1        be less than $450 per year.
 2             3.  For service prior to September 1, 1955,  in  the
 3        public  schools  of  the  City  as  a substitute, evening
 4        school  or  temporary  teacher,  or  for  service  as  an
 5        Americanization  teacher  prior  to  December  31,  1955,
 6        teachers  shall pay the contributions prescribed in  this
 7        Article  (a)  at  the time of appointment, as a regularly
 8        certified teacher after salary adjustments are completed,
 9        (b) on  return  to  service  as  a  full  time  regularly
10        certified  teacher,  as  the  case  may be, provided such
11        rates or amounts shall not be less than  $450  per  year;
12        and  provided  further  that  for teachers employed on or
13        after  September  1,  1953,  rates  shall   not   include
14        contributions   for   widows'  pensions  if  the  service
15        described in this sub-paragraph  3  was  rendered  before
16        that  date.   Any  teacher  entitled to repay a refund of
17        contributions under Section 17-126 may  validate  service
18        described  in  this  paragraph  by payment of the amounts
19        prescribed herein, together with  the  repayment  of  the
20        refund,  provided that if such creditable service was the
21        last service rendered in the public schools of  the  City
22        and  is  not automatically reinstated by repayment of the
23        refund, the rates or amounts shall not be less than  $450
24        per year.
25             4.  For  service  after June 30, 1982 as a member of
26        the Board of Education, if required  to  resign  from  an
27        administrative  or  teaching position in order to qualify
28        as a member of the Board of Education.
29             5.  For service during the 1986-87 school year as  a
30        teacher  on  a special leave of absence with full loss of
31        salary, teaching for an  agency  under  contract  to  the
32        Board of Education, if the teacher returned to employment
33        in  September,  1987.  For service under this item 5, the
34        teacher must pay the contributions at the rates in  force
 
                            -5-      LRB093 11020 EFG 11687 b
 1        at the completion of the leave period.
 2          For  service  described in sub-paragraphs 1, 2 and 3 of
 3    this Section, interest shall be charged  beginning  one  year
 4    after the effective date of appointment or reappointment.
 5        Effective  September  1,  1974,  the  interest rate to be
 6    charged  by   the   Fund   on   contributions   provided   in
 7    sub-paragraphs 1, 2, 3 and 4 shall be 5% per annum compounded
 8    annually.
 9    (Source: P.A. 90-566, eff. 1-2-98; 91-887, eff. 7-6-00.)

10        Section  90.  The State Mandates Act is amended by adding
11    Section 8.27 as follows:

12        (30 ILCS 805/8.27 new)
13        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
14    and  8 of this Act, no reimbursement by the State is required
15    for  the  implementation  of  any  mandate  created  by  this
16    amendatory Act of the 93rd General Assembly.

17        Section 99. Effective date.  This Act takes  effect  upon
18    becoming law.