Personnel and Pensions Committee
Filed: 03/04/04
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1 | AMENDMENT TO HOUSE BILL 4575
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2 | AMENDMENT NO. ______. Amend House Bill 4575 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Pension Code is amended by | ||||||
5 | changing Sections
13-301, 13-302, 13-305, 13-306, 13-308, | ||||||
6 | 13-309, 13-310, 13-311, 13-314, 13-402, 13-403, 13-502, | ||||||
7 | 13-601, and 13-603 and adding Section 13-309.1 as follows:
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8 | (40 ILCS 5/13-301) (from Ch. 108 1/2, par. 13-301)
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9 | Sec. 13-301. Retirement annuity; eligibility. Any employee | ||||||
10 | who
withdraws from service and meets the age and service | ||||||
11 | requirements and other
conditions set forth in subsections (a), | ||||||
12 | (b), (c) or (d) hereof is entitled
to receive a retirement | ||||||
13 | annuity.
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14 | (a) Withdrawal on or after age 60. Any employee, upon | ||||||
15 | withdrawal from
service on or after attainment of age 60 and | ||||||
16 | having at least 5 years of
service, is entitled to a retirement | ||||||
17 | annuity.
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18 | (b) Withdrawal on or after attainment of minimum retirement
| ||||||
19 | qualifications and prior to
age 60.
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20 | (1) Any employee, upon withdrawal from service on or
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21 | after attainment of age 55 (age 50 if the employee first | ||||||
22 | entered service
before June 13, 1997)
but prior to age 60 | ||||||
23 | and having at least 10 years of service, is entitled to a
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24 | retirement annuity as of the date of withdrawal or, at the |
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1 | option of the
employee, at any time thereafter.
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2 | (2) Any employee who withdraws on or after
attainment | ||||||
3 | of age 55 (age 50 if the employee first entered service
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4 | before June 13, 1997)
and prior to age 60 having at least 5 | ||||||
5 | years but less than 10 years of service
is entitled to a | ||||||
6 | retirement annuity upon attainment of age 62, subject to | ||||||
7 | the
other requirements of this Article.
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8 | (3) Any employee who withdraws from service on or after
| ||||||
9 | attainment
of age 50 but prior to age 60 and is eligible | ||||||
10 | for early retirement without
discount
under the Rule of 80 | ||||||
11 | as provided in subsection (c) of Section 13-302 is
entitled
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12 | to a
retirement annuity at the time of withdrawal.
| ||||||
13 | (c) Withdrawal prior to minimum retirement age. Any | ||||||
14 | employee,
upon withdrawal from service prior to age 55 (age 50 | ||||||
15 | if the employee
first entered service before June 13,
1997) and | ||||||
16 | having at least 10 years of service, shall become entitled to a
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17 | retirement annuity upon attainment of age 55 (age 50 if the | ||||||
18 | employee
first entered service before June 13,
1997) or, at the | ||||||
19 | option of the employee, at any time thereafter, subject to
the | ||||||
20 | other requirements of this Article.
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21 | (d) Withdrawal while disabled. Any employee having at least | ||||||
22 | 5 years of
service who has received ordinary disability | ||||||
23 | benefits on or after January
1, 1986 for the maximum period of | ||||||
24 | time hereinafter prescribed, and who
continues to be disabled | ||||||
25 | and withdraws from service, shall be entitled to a
retirement | ||||||
26 | annuity. In the case of an employee who enters service after
| ||||||
27 | the effective date of this amendatory Act of the 93rd General | ||||||
28 | Assembly, the
required 5 years of service is exclusive of | ||||||
29 | service credit described in
Section 13-313. The age and service | ||||||
30 | conditions as to eligibility for
such annuity shall be waived | ||||||
31 | as to the employee, but the early retirement
discount under | ||||||
32 | Section 13-302(b) shall apply. If the employee is under age
55 | ||||||
33 | on the date of withdrawal, the retirement annuity shall be | ||||||
34 | computed by
assuming that the employee is then age 55 and then |
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1 | reduced to its actuarial
equivalent at his attained age on that | ||||||
2 | date according to applicable
mortality tables and interest | ||||||
3 | rates. The retirement annuity shall not be
payable for any | ||||||
4 | period prior to the employee's attainment of age 55 during
| ||||||
5 | which the employee is able to return to gainful employment.
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6 | Upon the employee's death while in
receipt of a retirement | ||||||
7 | annuity, a surviving spouse or minor children shall
be entitled | ||||||
8 | to receive a surviving spouse's annuity or child's annuity
| ||||||
9 | subject to the conditions hereinafter prescribed in Sections | ||||||
10 | 13-305 through
13-308.
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11 | (Source: P.A. 92-599, eff. 6-28-02.)
| ||||||
12 | (40 ILCS 5/13-302) (from Ch. 108 1/2, par. 13-302)
| ||||||
13 | Sec. 13-302. Computation of retirement annuity.
| ||||||
14 | (a) Computation of annuity. An employee who withdraws from | ||||||
15 | service on
or after July 1, 1989 and who has met the age and | ||||||
16 | service requirements and
other conditions for eligibility set | ||||||
17 | forth in Section 13-301 of this
Article is entitled to receive | ||||||
18 | a retirement annuity for life equal to 2.2%
of average final | ||||||
19 | salary for each of the first 20 years of service, and 2.4%
of | ||||||
20 | average final salary for each year of service in excess of 20. | ||||||
21 | The
retirement annuity shall not exceed 80% of average final | ||||||
22 | salary.
| ||||||
23 | (b) Early retirement discount. If an employee retires prior | ||||||
24 | to
attainment of age 60 with less than 30 years of service, the | ||||||
25 | annuity
computed above shall be reduced by 1/2 of 1% for each | ||||||
26 | full month between
the date the annuity begins and attainment | ||||||
27 | of age 60, or each full month by
which the employee's service | ||||||
28 | is less than 30 years, whichever is less.
However, where the | ||||||
29 | employee first enters service after June 13, 1997 and does not | ||||||
30 | have at least 10
years of service exclusive of credit under | ||||||
31 | Article 20, the annuity computed
above shall be reduced by 1/2 | ||||||
32 | of 1% for each full month between the date the
annuity begins | ||||||
33 | and attainment of age 60.
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1 | (c) Rule of 80 - Early retirement without discount. For an | ||||||
2 | employee
who
retires on or after January 1, 2003 but on or | ||||||
3 | before December 31, 2007, if the
employee is eligible for a | ||||||
4 | retirement annuity under Section 13-301 and has at
least
10 | ||||||
5 | years of service exclusive of credit under Article 20 and if at | ||||||
6 | the date of
withdrawal the employee's age when added to the | ||||||
7 | number of years of his or her
creditable
service equals at | ||||||
8 | least 80, the early retirement discount in subsection (b) of
| ||||||
9 | this
Section does not apply. For purposes of this Rule of 80, | ||||||
10 | portions of years
shall be
considered in whole months.
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11 | An employee who has terminated employment with the employer | ||||||
12 | under this
Article prior to the effective date of this | ||||||
13 | amendatory Act of the 92nd General
Assembly and subsequently | ||||||
14 | re-enters service must remain in service with the
employer | ||||||
15 | under this Article for at least 2 years after re-entry during | ||||||
16 | the
period
beginning on January 1, 2003 and ending on December | ||||||
17 | 31, 2007 to be entitled to
early retirement without discount | ||||||
18 | under this subsection (c).
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19 | In the case of an employee who retires under the terms of | ||||||
20 | Article 20,
eligibility
for early retirement without discount | ||||||
21 | under this subsection (c) shall be based
upon
the employee's | ||||||
22 | age and service credit at the time of withdrawal from the final
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23 | fund.
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24 | (c-1) Early retirement without discount; retirement after | ||||||
25 | June 29,
1997 and before January 1, 2003. An employee
who (i) | ||||||
26 | has attained age 55 (age 50 if the employee
first entered | ||||||
27 | service before June 13, 1997), (ii) has at least 10 years of
| ||||||
28 | service exclusive
of credit under Article 20, (iii) retires | ||||||
29 | after June 29, 1997 and before
January 1, 2003, and (iv) | ||||||
30 | retires within 6 months of the last day for which
retirement | ||||||
31 | contributions were required, may elect at the time of | ||||||
32 | application to
make a one-time employee
contribution to the | ||||||
33 | Fund and thereby avoid the early retirement reduction
specified | ||||||
34 | in subsection (b). The exercise of the election shall also |
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1 | obligate
the employer to make a one-time nonrefundable | ||||||
2 | contribution to the Fund.
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3 | The one-time employee and employer contributions shall be a | ||||||
4 | percentage
of the retiring employee's highest full-time annual | ||||||
5 | salary, calculated as the
total amount of salary included in | ||||||
6 | the highest 26 consecutive pay periods as
used in the average | ||||||
7 | final salary calculation, and based on the employee's age
and | ||||||
8 | service at retirement. The employee rate shall be 7% multiplied | ||||||
9 | by the
lesser of the following 2 numbers: (1) the number of | ||||||
10 | years, or portion thereof,
that the employee is less than age | ||||||
11 | 60; or (2) the number of years, or portion
thereof, that the | ||||||
12 | employee's service is less than 30 years. The employer
| ||||||
13 | contribution shall be at the rate of 20% for each year, or | ||||||
14 | portion thereof,
that the participant is less than age 60.
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15 | Upon receipt of the application, the Board shall determine | ||||||
16 | the corresponding
employee and employer contributions. The | ||||||
17 | annuity shall not be payable
under this subsection until both | ||||||
18 | the required contributions have been received
by the Fund. | ||||||
19 | However, the date the contributions are received shall
not be | ||||||
20 | considered in determining the effective date of retirement.
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21 | The number of employees who may retire under this Section | ||||||
22 | in any year may
be limited at the option of the District to a | ||||||
23 | specified percentage of those
eligible, not lower than 30%, | ||||||
24 | with the right to participate to be allocated
among those | ||||||
25 | applying on the basis of seniority in the service of the | ||||||
26 | employer.
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27 | An employee who has terminated employment and subsequently | ||||||
28 | re-enters
service shall not be entitled to early retirement | ||||||
29 | without discount under
this subsection unless the employee | ||||||
30 | continues in service for at least 4
years after re-entry.
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31 | (d) Annual increase. Except for employees retiring and | ||||||
32 | receiving a term
annuity, an employee who retires on or after | ||||||
33 | July 1, 1985 but before July 12,
2001, shall,
upon the first | ||||||
34 | payment date following the first anniversary of the date of
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1 | retirement, have the monthly annuity increased by 3% of the | ||||||
2 | amount of the
monthly annuity fixed at the date of retirement.
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3 | Except for employees retiring and receiving a term annuity, an | ||||||
4 | employee who
retires on or after July 12, 2001 shall, on the | ||||||
5 | first day of the month in which the first
anniversary of the | ||||||
6 | date of retirement occurs, have the monthly annuity
increased | ||||||
7 | by 3% of the amount of the monthly annuity fixed at the date of
| ||||||
8 | retirement.
The monthly annuity shall be increased by an | ||||||
9 | additional 3% on the same date
each year thereafter. Beginning | ||||||
10 | January 1, 1993, all annual increases payable
under this | ||||||
11 | subsection (or any predecessor provision, regardless of the | ||||||
12 | date
of retirement) shall be calculated at the rate of 3% of | ||||||
13 | the monthly annuity
payable at the time of the increase, | ||||||
14 | including any increases previously granted
under this Article.
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15 | Any employee who (i) retired before July 1, 1985 with at | ||||||
16 | least 10 years of
creditable service, (ii) is receiving a | ||||||
17 | retirement annuity under this Article,
other than a term | ||||||
18 | annuity, and (iii) has not received any annual increase under
| ||||||
19 | this subsection, shall begin receiving the annual increases | ||||||
20 | provided under this
subsection (d) beginning on the next | ||||||
21 | annuity payment date following June
13, 1997.
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22 | (e) Minimum retirement annuity. Beginning January 1, 1993, | ||||||
23 | the
minimum monthly retirement annuity shall be $500 for any | ||||||
24 | annuitant having
at least 10 years of service under this | ||||||
25 | Article, other than a term
annuitant or an annuitant who began | ||||||
26 | receiving the annuity before attaining
age 60. Any such | ||||||
27 | annuitant who is receiving a monthly annuity of less than
$500 | ||||||
28 | shall have the annuity increased to $500 on that date.
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29 | Beginning January 1, 1993, the minimum monthly retirement | ||||||
30 | annuity shall
be $250 for any annuitant (other than a term or | ||||||
31 | reciprocal annuitant or an
annuitant under subsection (d) of | ||||||
32 | Section 13-301) having less than 10 years
of service under this | ||||||
33 | Article, and for any annuitant (other than a term
annuitant) | ||||||
34 | having at least 10 years of service under this Article who |
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1 | began
receiving the annuity before attaining age 60. Any such | ||||||
2 | annuitant who is
receiving a monthly annuity of less than $250 | ||||||
3 | shall have the annuity
increased to $250 on that date.
| ||||||
4 | Beginning August 1, 2001
on the first day of the month | ||||||
5 | following the
month in which this amendatory Act of the 92nd | ||||||
6 | General Assembly takes effect
(and without regard to whether | ||||||
7 | the annuitant was in service on or after that
effective date), | ||||||
8 | the
minimum monthly retirement annuity for any annuitant having | ||||||
9 | at least 10 years
of service, other than an annuitant whose | ||||||
10 | annuity is subject to an early
retirement discount, shall be | ||||||
11 | $500 plus $25 for each year of service in excess
of 10, not to | ||||||
12 | exceed $750 for an annuitant with 20 or more years of service.
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13 | In the case of a reciprocal annuity, this minimum shall apply | ||||||
14 | only if the
annuitant has at least 10 years of service under | ||||||
15 | this Article, and the amount
of the minimum annuity shall be | ||||||
16 | reduced by the sum of all the reciprocal
annuities payable to | ||||||
17 | the annuitant by other participating systems under Article
20 | ||||||
18 | of this Code.
| ||||||
19 | Notwithstanding any other provision of this subsection, | ||||||
20 | beginning on the
first annuity payment date following July 12, | ||||||
21 | 2001, an employee who retired
before August 23, 1989
with at | ||||||
22 | least 10 years of service under this Article but before | ||||||
23 | attaining age
60 (regardless of whether the retirement annuity | ||||||
24 | was subject to an early
retirement discount) shall be entitled | ||||||
25 | to the same minimum monthly retirement
annuity under this | ||||||
26 | subsection as an employee who retired with at least 10
years of | ||||||
27 | service under this Article and after attaining age 60.
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28 | Notwithstanding any other provision of this subsection, | ||||||
29 | beginning on the
first day of the month following the month in | ||||||
30 | which this amendatory Act of the
93rd General Assembly takes | ||||||
31 | effect (and without regard to whether the annuitant
was in | ||||||
32 | service on or after that effective date), an employee who | ||||||
33 | retired on or
after August 23, 1989 with at least 10 years of | ||||||
34 | service under this Article but
before attaining age 60 |
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1 | (regardless of whether the retirement annuity was
subject to an | ||||||
2 | early retirement discount), shall be entitled to the same | ||||||
3 | minimum
monthly retirement annuity under this subsection as an | ||||||
4 | employee who retired
with at least 10 years of service under | ||||||
5 | this Article and after attaining age
60.
| ||||||
6 | (Source: P.A. 92-53, eff. 7-12-01; 92-599, eff. 6-28-02.)
| ||||||
7 | (40 ILCS 5/13-305) (from Ch. 108 1/2, par. 13-305)
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8 | Sec. 13-305. Surviving spouse's annuity; eligibility. A | ||||||
9 | surviving spouse
who was married to an employee on the date of | ||||||
10 | the employee's death
while in service, or was married to an | ||||||
11 | employee on the date of withdrawal from
service and remained | ||||||
12 | married to that employee until the employee's
death, shall be | ||||||
13 | entitled to a surviving spouse's annuity payable for
life. | ||||||
14 | However, the annuity shall not be payable to the surviving | ||||||
15 | spouse of (1)
an employee who withdraws from service
before | ||||||
16 | attaining the minimum retirement age unless the deceased | ||||||
17 | employee had at least
55 with less than 10 years of service, or | ||||||
18 | at least
less than 5
years of service if the employee was | ||||||
19 | eligible for an annuity upon attainment of age 62 pursuant to | ||||||
20 | Section 13-301(b) or had been receiving a retirement annuity
| ||||||
21 | pursuant to Section
13-301(d), or (2) an employee not described | ||||||
22 | in item (1) who first enters
service on or after the effective | ||||||
23 | date of this amendatory Act of 1997 and who
has been employed | ||||||
24 | as an employee for (i) less than 36 months from the date of
the | ||||||
25 | employee's original entry into service or (ii) less than 12 | ||||||
26 | months from the
employee's date of latest re-entry into | ||||||
27 | service; except as otherwise provided
in Section 13-306(a) for | ||||||
28 | an employee whose death arises out of or in the course
of the | ||||||
29 | employee's service to the employer.
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30 | A dissolution of marriage after retirement shall not divest | ||||||
31 | the
employee's spouse of the entitlement to a surviving | ||||||
32 | spouse's annuity upon
the subsequent death of the employee, | ||||||
33 | provided that the surviving spouse
and the deceased employee |
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1 | had been married to each other for a period of
not less than 10 | ||||||
2 | continuous years on the date of retirement.
| ||||||
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 earned | ||||||
8 | and accrued to the
credit of the deceased employee, whether | ||||||
9 | death occurs while in service or
after withdrawal, plus 1% for | ||||||
10 | each year of total service of the employee to
a maximum of 85%; | ||||||
11 | provided, however, that if the employee's death arises
out of | ||||||
12 | and in the course of the employee's service to the employer and | ||||||
13 | is
compensable under either the Illinois Workers' Compensation | ||||||
14 | Act or Illinois
Workers' Occupational Diseases Act, the | ||||||
15 | surviving spouse's annuity is payable
regardless of the | ||||||
16 | employee's length of service and shall be
not less than 50% of | ||||||
17 | the employee's salary at the date of death.
| ||||||
18 | For any death in service the early retirement discount | ||||||
19 | required under
Section 13-302(b) shall not be applied in | ||||||
20 | computing the retirement annuity
upon which is based the | ||||||
21 | surviving spouse's annuity.
| ||||||
22 | For any death after withdrawal and prior to application for | ||||||
23 | annuity benefits, the early retirement discount required under | ||||||
24 | Section 13-302(b) shall be applied in computing the retirement | ||||||
25 | annuity upon which the surviving spouse's annuity is based. The | ||||||
26 | maximum age discount applied to the employee's retirement | ||||||
27 | annuity shall not exceed 60%.
| ||||||
28 | Further, the annuity for a surviving spouse of a withdrawn | ||||||
29 | employee who was eligible for an annuity upon attainment of age | ||||||
30 | 62 pursuant to Section 13-301(b) but who died prior to age 60 | ||||||
31 | shall be based upon an employee annuity that has been reduced | ||||||
32 | by 1/2% for each full month between the date the surviving | ||||||
33 | spouse's annuity begins and attainment of age 60.
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1 | (b) Reciprocal service. For any employee or annuitant who | ||||||
2 | retires on or
after July 1, 1985 and whose death occurs after | ||||||
3 | January 1, 1991, having
at least 15 years of service with the | ||||||
4 | employer under this Article, and
who was eligible at the time | ||||||
5 | of death or elected at the time of retirement
to have his or | ||||||
6 | her retirement annuity calculated as provided in Section 20-131
| ||||||
7 | of this Code, the surviving spouse benefit shall be calculated | ||||||
8 | as of the
date of the employee's death as indicated in | ||||||
9 | subsection
(a) as a percentage of the employee's total benefit | ||||||
10 | as if all service had
been with the employer. That benefit | ||||||
11 | shall then be reduced by
the amounts payable by each of the | ||||||
12 | reciprocal funds as of the date of death
so that the total | ||||||
13 | surviving spouse benefit at that date will be equal to
the | ||||||
14 | benefit which would have been payable had all service been with | ||||||
15 | the
employer under this Article.
| ||||||
16 | (c) Discount for age differential. The annuity for a | ||||||
17 | surviving spouse
shall be discounted by 0.25% for each full | ||||||
18 | month that the spouse is younger
than the employee as of the | ||||||
19 | date of withdrawal from service or death in service
to a | ||||||
20 | maximum discount of 60% of the surviving spouse annuity as | ||||||
21 | calculated
under subsections (a), (b), and (e) of this Section. | ||||||
22 | The discount shall be
reduced by 10% for each full
year the | ||||||
23 | marriage has been in continuous effect as of the date of
| ||||||
24 | withdrawal or death in service. There shall be no discount if | ||||||
25 | the marriage has
been in continuous effect for 10 full years or | ||||||
26 | more at the
time of withdrawal or death in service.
| ||||||
27 | (d) Annual increase. Effective August 23, 1989, on the | ||||||
28 | first day of
each calendar month in which
there occurs an | ||||||
29 | anniversary of the employee's date of retirement or date of
| ||||||
30 | death, whichever occurred first, the surviving spouse's | ||||||
31 | annuity, other than a
term annuity under Section 13-307, shall | ||||||
32 | be increased by an amount equal to 3%
of the amount of the | ||||||
33 | annuity. Beginning January 1, 1993, all annual increases
| ||||||
34 | payable under this subsection (or any predecessor provision of |
| |||||||
| |||||||
1 | this
Article) shall be calculated at the rate of 3% of the | ||||||
2 | monthly annuity payable
at the time of the increase, including | ||||||
3 | any increases previously granted under
this Article.
| ||||||
4 | Beginning January 1, 1993, surviving spouse annuitants | ||||||
5 | whose deceased
spouse died, retired or withdrew from service | ||||||
6 | before August 23, 1989 with
at least 10 years of service under | ||||||
7 | this Article shall be eligible for the
annual increases | ||||||
8 | provided under this subsection.
| ||||||
9 | (e) Minimum surviving spouse's annuity.
| ||||||
10 | (1) Beginning January 1, 1993, the
minimum monthly | ||||||
11 | surviving spouse's annuity shall be $500 for any annuitant
| ||||||
12 | whose deceased spouse had at least 10 years of service | ||||||
13 | under this Article,
other than a surviving spouse who is a | ||||||
14 | term annuitant or whose deceased
spouse began receiving a | ||||||
15 | retirement annuity under this Article before
attainment of | ||||||
16 | age 60. Any such surviving spouse annuitant who is | ||||||
17 | receiving
a monthly annuity of less than $500 shall have | ||||||
18 | the annuity increased to $500 on
that date.
| ||||||
19 | Beginning January 1, 1993, the minimum monthly | ||||||
20 | surviving spouse's annuity
shall be $250 for any annuitant | ||||||
21 | (other than a term or reciprocal annuitant
or an annuitant | ||||||
22 | survivor under subsection (d) of Section 13-301) whose
| ||||||
23 | deceased spouse had less than 10 years of service under | ||||||
24 | this Article, and
for any annuitant (other than a term | ||||||
25 | annuitant) whose deceased spouse had
at least 10 years of | ||||||
26 | service under this Article and began receiving a
retirement | ||||||
27 | annuity under this Article before attainment of age 60. Any
| ||||||
28 | such surviving spouse annuitant who is receiving a monthly | ||||||
29 | annuity of less
than $250 shall have the annuity increased | ||||||
30 | to $250 on that date.
| ||||||
31 | (2) Beginning August 1, 2001
on the first day of the | ||||||
32 | month following
the month in which
this amendatory Act of | ||||||
33 | the 92nd General Assembly takes effect (and without
regard | ||||||
34 | to whether the
deceased spouse was in service on or after |
| |||||||
| |||||||
1 | that effective date), the
minimum
monthly surviving | ||||||
2 | spouse's annuity for any annuitant whose deceased spouse | ||||||
3 | had
at least 10 years of service shall be the greater of | ||||||
4 | the following:
| ||||||
5 | (A) An amount equal to $500, plus $25 for each year | ||||||
6 | of the deceased
spouse's service in excess of 10, not | ||||||
7 | to exceed $750 for an annuitant whose
deceased spouse | ||||||
8 | had 20 or more years of service. This subdivision (A) | ||||||
9 | is not
applicable if the deceased spouse received a | ||||||
10 | retirement annuity that was
subject to an early | ||||||
11 | retirement discount.
| ||||||
12 | (B) An amount equal to (i) 50% of the retirement | ||||||
13 | annuity earned and
accrued to the credit of the | ||||||
14 | deceased spouse at the time of death, plus (ii)
the | ||||||
15 | amount of any annual increases applicable to the | ||||||
16 | surviving spouse's
annuity (including the amount of | ||||||
17 | any reversionary annuity) under
subsection (d) before | ||||||
18 | July 12, 2001
the effective date of this amendatory
Act | ||||||
19 | of the 92nd
General Assembly .
In any case in which a | ||||||
20 | refund of excess contributions for the surviving
| ||||||
21 | spouse annuity has been paid by the Fund and the | ||||||
22 | surviving spouse annuity is
increased due to the | ||||||
23 | application of this subdivision (B), the amount of that
| ||||||
24 | refund shall be recovered by the Fund as an offset | ||||||
25 | against the amount of the
increase in annuity arising | ||||||
26 | from the application of this subdivision (B).
| ||||||
27 | In the case of a reciprocal annuity, the minimum | ||||||
28 | annuity calculated under
this subdivision (e)(2) shall | ||||||
29 | apply only if the deceased spouse of the
annuitant had | ||||||
30 | at least 10 years of service under this Article, and | ||||||
31 | the amount
of the minimum annuity shall be reduced by | ||||||
32 | the sum of all the reciprocal
annuities payable to the | ||||||
33 | annuitant by other participating systems under Article
| ||||||
34 | 20 of this Code.
|
| |||||||
| |||||||
1 | The minimum annuity calculated under this | ||||||
2 | subdivision (e)(2) is in
addition
to the amount of any | ||||||
3 | reversionary annuity that may be payable.
| ||||||
4 | (3) Beginning August 1, 2001
on the first day of the | ||||||
5 | month following
the month in which
this amendatory Act of | ||||||
6 | the 92nd General Assembly takes effect (and without
regard | ||||||
7 | to whether the deceased spouse was in service on or after | ||||||
8 | that
effective
date), any surviving spouse who is receiving | ||||||
9 | a term annuity under Section
13-307 or any predecessor | ||||||
10 | provision of this Article may have that term annuity
| ||||||
11 | recalculated and converted to a minimum surviving spouse | ||||||
12 | annuity under this
subsection (e).
| ||||||
13 | (4) Notwithstanding any other provision of this | ||||||
14 | subsection, beginning
August 1, 2001
on
the first annuity | ||||||
15 | payment date following the effective date of this | ||||||
16 | amendatory
Act of the 92nd General Assembly , an annuitant | ||||||
17 | whose deceased spouse retired
before August 23, 1989 with | ||||||
18 | at least 10 years of service under this Article but
before | ||||||
19 | attaining age 60 (regardless of whether the retirement | ||||||
20 | annuity was
subject to an early retirement discount) shall | ||||||
21 | be entitled to the same minimum
monthly surviving spouse's | ||||||
22 | annuity under this subsection as an annuitant whose
| ||||||
23 | deceased spouse retired with at least 10 years of service | ||||||
24 | under this Article
and after attaining age 60. Further | ||||||
25 | notwithstanding any other provision of
this subsection, | ||||||
26 | beginning on the first day of the month following the month
| ||||||
27 | in which this amendatory Act of the 93rd General Assembly | ||||||
28 | takes effect, an
annuitant whose deceased spouse retired on | ||||||
29 | or after August 23, 1989 with at
least 10 years of service | ||||||
30 | under this Article but before attaining age 60
(regardless | ||||||
31 | of whether the retirement annuity was subject to an early
| ||||||
32 | retirement discount) shall be entitled to the same minimum | ||||||
33 | monthly surviving
spouse's annuity under this subsection | ||||||
34 | as an annuitant whose deceased spouse
retired with at least |
| |||||||
| |||||||
1 | 10 years of service under this Article and after
attaining | ||||||
2 | age 60.
| ||||||
3 | (5) The minimum annuity provided under this subsection | ||||||
4 | (e) shall be
subject to the age discount provided under | ||||||
5 | subsection (c) of this Section.
| ||||||
6 | (Source: P.A. 92-53, eff. 7-12-01.)
| ||||||
7 | (40 ILCS 5/13-308) (from Ch. 108 1/2, par. 13-308)
| ||||||
8 | Sec. 13-308. Child's annuity.
| ||||||
9 | (a) Eligibility. A child's annuity shall be provided for | ||||||
10 | each unmarried
child under the age of 18 years (under the age | ||||||
11 | of 23 years in the case of a full-time student) whose employee
| ||||||
12 | parent dies while in service, or whose deceased parent is an | ||||||
13 | annuitant or
former employee with at least 10 years of | ||||||
14 | creditable service who did not take a
refund of employee | ||||||
15 | contributions. Eligibility for benefits to unmarried children | ||||||
16 | over the age of 18 but under the age of 23 begins no earlier | ||||||
17 | than the first day of the month following the month in which | ||||||
18 | this amendatory Act of the 93rd General Assembly takes effect.
| ||||||
19 | For purposes of this Section, "employee" includes a former | ||||||
20 | employee, and
"child" means the issue of an employee, or a | ||||||
21 | child adopted by an employee if
the proceedings for adoption | ||||||
22 | were instituted at least one year prior to the
employee's | ||||||
23 | death.
| ||||||
24 | Payments shall cease when a child attains the age of 18 | ||||||
25 | years (age of 23 years in the case of a full-time student) or | ||||||
26 | marries,
whichever first occurs. The annuity shall not be | ||||||
27 | payable unless the employee
has been employed as an employee | ||||||
28 | for at
least 36 months from the date of the employee's original
| ||||||
29 | entry into service (at least 24 months in the case of an | ||||||
30 | employee who first
entered service before June 13,
the | ||||||
31 | effective date of this amendatory Act of 1997) and
at least 12 | ||||||
32 | months from the date of the employee's latest
re-entry into | ||||||
33 | service; provided, however, that if death arises out of and
in |
| |||||||
| |||||||
1 | the course of service to the employer and is compensable under | ||||||
2 | either the
Illinois Workers' Compensation Act or Illinois | ||||||
3 | Workers' Occupational
Diseases Act, the annuity is payable | ||||||
4 | regardless of the employee's length of
service.
| ||||||
5 | (b) Amount. A child's annuity shall be $500 per month for
| ||||||
6 | one child and $350 per month for each additional child, up to a
| ||||||
7 | maximum of $2,500 per month for all children of the employee, | ||||||
8 | as provided in
this Section, if a parent of the child is | ||||||
9 | living. The child's annuity
shall be $1,000 per month for one | ||||||
10 | child and $500 per month
for each additional child, up to a | ||||||
11 | maximum of $2,500 for all children of
the employee, when | ||||||
12 | neither parent is alive. The total amount payable to
all | ||||||
13 | children of the employee shall be divided equally among those | ||||||
14 | children.
Any child's annuity which commenced prior to July 12, | ||||||
15 | 2001
the effective date of this
amendatory Act of the 92nd | ||||||
16 | General Assembly shall be increased
upon the first day of the | ||||||
17 | month following the month in which that
effective date occurs, | ||||||
18 | to the amount set forth herein.
| ||||||
19 | (c) Payment. Until a child attains the age of 18 years, a
A | ||||||
20 | child's annuity shall be paid to the child's parent or
other | ||||||
21 | person who shall be providing for the child without requiring | ||||||
22 | formal
letters of guardianship, unless another person shall be | ||||||
23 | appointed by a
court of law as guardian.
| ||||||
24 | (Source: P.A. 92-53, eff. 7-12-01.)
| ||||||
25 | (40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309)
| ||||||
26 | Sec. 13-309. Duty disability benefit.
| ||||||
27 | (a) Any employee who becomes disabled, which disability is | ||||||
28 | the result of an
injury or illness compensable under the | ||||||
29 | Illinois Workers' Compensation Act or
the Illinois Workers' | ||||||
30 | Occupational Diseases Act, is entitled to a duty
disability | ||||||
31 | benefit during the period of disability for which the employee | ||||||
32 | does
not receive any part of salary, or any part of a | ||||||
33 | retirement annuity under this
Article; except that in the case |
| |||||||
| |||||||
1 | of an employee who first enters service on or
after June 13,
| ||||||
2 | the effective date of this amendatory Act of 1997 and becomes | ||||||
3 | disabled before the effective date of this amendatory Act of | ||||||
4 | the 93rd General Assembly , a duty disability
benefit is not | ||||||
5 | payable for the first 3 days of disability that would otherwise
| ||||||
6 | be payable under this Section if the disability does not | ||||||
7 | continue for at least
11 additional days. The changes made to | ||||||
8 | this Section by this amendatory Act of the 93rd General | ||||||
9 | Assembly are prospective only and do not entitle an employee to | ||||||
10 | a duty disability benefit for the first 3 days of any | ||||||
11 | disability that occurred before that effective date and did not | ||||||
12 | continue for at least 11 days. This benefit shall be 75% of | ||||||
13 | salary at the date disability
begins. However, if the | ||||||
14 | disability in any measure resulted from any physical
defect or | ||||||
15 | disease which existed at the time such injury was sustained or | ||||||
16 | such
illness commenced, the duty disability benefit shall be | ||||||
17 | 50% of salary.
| ||||||
18 | Unless the employer acknowledges that the disability is a | ||||||
19 | result of
injury or illness compensable under the Workers' | ||||||
20 | Compensation Act or the
Workers' Occupational Diseases Act, the | ||||||
21 | duty disability benefit shall
not be payable until the issue of | ||||||
22 | compensability under those Acts is finally
adjudicated. The | ||||||
23 | period of disability shall be as determined by the Illinois
| ||||||
24 | Industrial Commission or acknowledged by the employer.
| ||||||
25 | The first payment shall be made not later than one month | ||||||
26 | after the
benefit is granted, and subsequent payments shall be | ||||||
27 | made at least monthly.
The Board shall by rule prescribe for | ||||||
28 | the payment of such benefits on the
basis of the amount of | ||||||
29 | salary lost during the period of disability.
| ||||||
30 | (b) The benefit shall be allowed only if the following | ||||||
31 | requirements are
met by the employee:
| ||||||
32 | (1) Application is made to the Board within 90 days | ||||||
33 | from the date
disability begins;
| ||||||
34 | (2) A medical report is submitted by at least one |
| |||||||
| |||||||
1 | licensed and
practicing physician as part of the employee's | ||||||
2 | application; and
| ||||||
3 | (3) The employee is examined by at least one licensed | ||||||
4 | and practicing
physician appointed by the Board and found | ||||||
5 | to be in a disabled physical
condition, and shall be | ||||||
6 | re-examined at least annually thereafter during the
| ||||||
7 | continuance of disability. The employee need not be | ||||||
8 | re-examined by a
licensed and practicing physician if the | ||||||
9 | attorney for the district
certifies in writing that the | ||||||
10 | employee is entitled to receive compensation
under the | ||||||
11 | Workers' Compensation Act or the Workers' Occupational | ||||||
12 | Diseases Act.
| ||||||
13 | (c) The benefit shall terminate when:
| ||||||
14 | (1) The employee returns to work or receives a | ||||||
15 | retirement annuity paid
wholly or in part under this | ||||||
16 | Article;
| ||||||
17 | (2) The disability ceases;
| ||||||
18 | (3) The employee attains age 65, but if the employee | ||||||
19 | becomes disabled at
age 60 or later, benefits may be | ||||||
20 | extended for a period of no
more than 5 years after
| ||||||
21 | disablement;
| ||||||
22 | (4) The employee (i) refuses to submit to reasonable | ||||||
23 | examinations by
physicians or other health professionals | ||||||
24 | appointed by the Board, (ii) fails
or refuses to consent to | ||||||
25 | and sign an authorization allowing the Board to
receive | ||||||
26 | copies of or to examine the employee's medical and hospital | ||||||
27 | records,
or (iii) fails or refuses to provide complete | ||||||
28 | information regarding any other
employment for | ||||||
29 | compensation he or she has received since becoming | ||||||
30 | disabled;
or
| ||||||
31 | (5) The employee willfully and continuously refuses to | ||||||
32 | follow medical advice and treatment to enable the employee | ||||||
33 | to return to
work. However this provision does not apply to | ||||||
34 | an employee who relies in good
faith on treatment by prayer |
| |||||||
| |||||||
1 | through spiritual means alone in accordance with
the tenets | ||||||
2 | and practice of a recognized church or religious | ||||||
3 | denomination, by a
duly accredited practitioner thereof.
| ||||||
4 | In the case of a duty disability recipient who returns to | ||||||
5 | work, the employee
must make application to the Retirement | ||||||
6 | Board within 2 years from the date the
employee last received | ||||||
7 | duty disability benefits in order to become again
entitled to | ||||||
8 | duty disability benefits based on the injury for which a duty
| ||||||
9 | disability benefit was theretofore paid.
| ||||||
10 | In the event that an interim disability benefit has been | ||||||
11 | received, the benefit paid under this Section shall be subject | ||||||
12 | to adjustment by the Board under Section 13-309.1.
| ||||||
13 | (Source: P.A. 90-12, eff. 6-13-97; 91-887, eff. 7-6-00.)
| ||||||
14 | (40 ILCS 5/13-309.1 new)
| ||||||
15 | Sec. 13-309.1. Interim disability benefit. | ||||||
16 | (a) An employee who claims to be physically incapacitated | ||||||
17 | to perform the duties of his
or her position shall receive an | ||||||
18 | interim disability benefit, provided that: | ||||||
19 | (1) the employer,
being a separate entity from the | ||||||
20 | Retirement System governed by this Article, (i) has | ||||||
21 | formally denied all employer-paid temporary total | ||||||
22 | disability
benefits under the Workers' Compensation Act or | ||||||
23 | the Workers' Occupational
Diseases Act and an appeal of | ||||||
24 | that denial is pending before the Industrial
Commission of | ||||||
25 | Illinois, or (ii) has granted and then terminated for any
| ||||||
26 | reason an employer-paid temporary total disability benefit | ||||||
27 | and the employee has
filed a petition for emergency hearing | ||||||
28 | under Section 19(b-1) of the Workers'
Compensation Act or | ||||||
29 | Section 19(b-1) of the Workers' Occupational Diseases
Act; | ||||||
30 | and
| ||||||
31 | (2) application is made not later than (i) 3 months | ||||||
32 | after the date
that the disability results in loss of pay, | ||||||
33 | (ii) 3
months after the date the employer has formally |
| |||||||
| |||||||
1 | denied or terminated the employer-paid temporary total
| ||||||
2 | disability benefit, or (iii) in the case of termination of | ||||||
3 | an employer-paid
temporary total disability benefit, 3 | ||||||
4 | months after the effective date of this
amendatory Act of | ||||||
5 | the 93rd General Assembly, whichever occurs last; and
| ||||||
6 | (3) proper proof is received from one or more | ||||||
7 | physicians certifying that the employee is physically | ||||||
8 | incapacitated.
| ||||||
9 | (b) In the case of a denial of benefits,
the interim | ||||||
10 | disability benefit shall begin to accrue on the 1st
day of | ||||||
11 | absence from work on account of disability, but the benefit | ||||||
12 | shall
not become actually payable to the employee until the | ||||||
13 | payroll following the Board meeting at which the benefit is | ||||||
14 | granted. The employee must provide proof of filing a pending | ||||||
15 | appeal of that denial before the Industrial Commission of | ||||||
16 | Illinois.
| ||||||
17 | In the case of termination of an employer-paid temporary | ||||||
18 | total disability
benefit, the interim disability benefit under | ||||||
19 | this Section shall be
calculated from the day following the | ||||||
20 | date of termination of the employer-paid
benefit, but shall not | ||||||
21 | become payable to the employee until the payroll following the | ||||||
22 | Board meeting at which the benefit is granted. The employee | ||||||
23 | must provide proof of filing a petition for emergency hearing | ||||||
24 | under Section 19(b-1) of the Workers' Compensation Act or | ||||||
25 | Section 19(b-1) of the Workers' Occupational Diseases Act. | ||||||
26 | Only one interim benefit under this subsection may be | ||||||
27 | awarded per injury. If a terminated employer-paid
temporary | ||||||
28 | total disability benefit is resumed or replaced with another
| ||||||
29 | employer-paid disability benefit and the resumed or | ||||||
30 | replacement benefit is
later terminated and the employee again | ||||||
31 | files a petition for emergency hearing
under Section 19(b-1) of | ||||||
32 | the Workers' Compensation Act or Section 19(b-1) of
the | ||||||
33 | Workers' Occupational Diseases Act, the employee may again | ||||||
34 | become eligible to
receive an interim disability benefit under |
| |||||||
| |||||||
1 | this Section.
| ||||||
2 | The benefit is not payable for any disability which begins | ||||||
3 | during any period of unpaid leave of absence. No benefit shall | ||||||
4 | be allowed for any period of disability prior to 30 days before | ||||||
5 | application is made, unless the Board finds good cause for the | ||||||
6 | delay in filing the application. The benefit shall not be paid | ||||||
7 | during any period for which the employee receives or is | ||||||
8 | entitled to receive any part of salary.
| ||||||
9 | The benefit shall continue to accrue for no more than 3 | ||||||
10 | months or until the first of the following events
occurs:
| ||||||
11 | (1) the disability ceases;
| ||||||
12 | (2) the employee engages in gainful employment or | ||||||
13 | receives a retirement annuity paid wholly or in part under | ||||||
14 | this Article;
| ||||||
15 | (3) a payment is made on the employee's claim pursuant | ||||||
16 | to a
determination made by the employer under the Workers' | ||||||
17 | Compensation Act or the Workers' Occupational
Diseases | ||||||
18 | Act;
| ||||||
19 | (4) a final determination is made on the employee's | ||||||
20 | claim by the
Industrial Commission of Illinois. | ||||||
21 | (5) the date on which the aggregate period for which | ||||||
22 | interim disability payments added to the period for which | ||||||
23 | ordinary disability benefits have been made becomes equal | ||||||
24 | to 25% of the employee's total period of creditable | ||||||
25 | service, not including the time for which he or she has | ||||||
26 | received an interim disability benefit or ordinary | ||||||
27 | disability benefit, and with a cumulative maximum of 5 | ||||||
28 | years for ordinary disability and interim disability | ||||||
29 | benefits combined for purposes of this item (5) only; | ||||||
30 | (6) the employee (i) refuses to submit to reasonable | ||||||
31 | examinations by physicians or other health professionals | ||||||
32 | appointed by the Board, or (ii) fails or refuses to consent | ||||||
33 | to and sign an authorization allowing the Board to receive | ||||||
34 | copies of or to examine the employee's medical and hospital |
| |||||||
| |||||||
1 | records, or (iii) fails or refuses to provide complete | ||||||
2 | information regarding any other employment for | ||||||
3 | compensation he or she has received since becoming | ||||||
4 | disabled, or (iv) willfully and continuously refuses to | ||||||
5 | follow medical advice and treatment to enable the employee | ||||||
6 | to return to work.
| ||||||
7 | (c) The interim disability benefit shall be 50% of the | ||||||
8 | employee's salary at the date of disability.
| ||||||
9 | (d) The interim disability benefit provided under this | ||||||
10 | Section is
intended as a temporary payment of duty disability | ||||||
11 | or ordinary
disability benefit, whichever is appropriate, in | ||||||
12 | cases in which the
character of the disability as either a duty | ||||||
13 | disability or an ordinary disability has not been
finally | ||||||
14 | determined.
| ||||||
15 | When an employer-paid disability benefit is paid or | ||||||
16 | resumed, the Board
shall calculate the benefit that is payable | ||||||
17 | under Section 13-309 and shall
deduct from the benefit payable | ||||||
18 | under Section 13-309 the amounts already paid
under this | ||||||
19 | Section; those amounts shall then be treated as if they had | ||||||
20 | been
paid under Section 13-309.
| ||||||
21 | When a final determination of the character of the
| ||||||
22 | disability has been made by the Industrial Commission of | ||||||
23 | Illinois, or by
settlement between the parties to the disputed | ||||||
24 | claim, the Board shall
calculate the benefit that is payable | ||||||
25 | under Section 13-309 or 13-310,
whichever is applicable, and | ||||||
26 | shall deduct from such benefit the amounts
already paid under | ||||||
27 | this Section; such amounts shall then be treated as if
they had | ||||||
28 | been paid under Section 13-309 or 13-310.
| ||||||
29 | (e) Any excess benefits paid under this Section shall be | ||||||
30 | subject to direct and immediate recovery
by the Fund from | ||||||
31 | benefits payable under the Workers' Compensation Act or the
| ||||||
32 | Workers' Occupational Diseases Act or from third parties as | ||||||
33 | provided in Section
13-311, or from any other benefits payable | ||||||
34 | either to the member or on his
behalf under this Article. A |
| |||||||
| |||||||
1 | member who accepts benefits under this Section
acknowledges and | ||||||
2 | authorizes these recovery rights of the System. In the event | ||||||
3 | that this Retirement System does not receive immediate recovery | ||||||
4 | according to this subsection (e), the employee must pay to the | ||||||
5 | Fund the excess benefit amount, plus interest at the annual | ||||||
6 | rate from time to time determined by the Board, compounded | ||||||
7 | annually from the date the benefit was paid to the employee by | ||||||
8 | the third party to the date of payment to this Retirement | ||||||
9 | System by the employee. | ||||||
10 | (f) The Board shall prescribe rules governing the filing
of | ||||||
11 | claims for interim disability benefits, and the investigation, | ||||||
12 | control
and supervision of those claims.
| ||||||
13 | (g) References in this Section to employer-paid benefits | ||||||
14 | include benefits
paid for by the Employer, either directly or | ||||||
15 | through a program of insurance or
self-insurance; but the term | ||||||
16 | does not include benefits paid by
the Fund under this Article.
| ||||||
17 | (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)
| ||||||
18 | Sec. 13-310. Ordinary disability benefit.
| ||||||
19 | (a) Any employee who becomes disabled as the result of
any | ||||||
20 | cause other than injury or illness incurred in the performance | ||||||
21 | of duty
for the employer or any other employer, or while | ||||||
22 | engaged in self-employment
activities, shall be entitled to an | ||||||
23 | ordinary disability benefit. The
eligible period for this | ||||||
24 | benefit shall be 25% of the employee's total
actual service | ||||||
25 | prior to the date of disability with a cumulative maximum
| ||||||
26 | period of 5 years.
| ||||||
27 | (b) The benefit shall be allowed only if the employee files | ||||||
28 | an
application in writing with the Board, and a medical report | ||||||
29 | is submitted by
at least one licensed and practicing physician | ||||||
30 | as part of the employee's
application.
| ||||||
31 | The benefit is not payable for any disability which begins | ||||||
32 | during any
period of unpaid leave of absence. No benefit shall | ||||||
33 | be allowed for any
period of disability prior to 30 days before |
| |||||||
| |||||||
1 | application is made, unless
the Board finds good cause for the | ||||||
2 | delay in filing the application. The
benefit shall not be paid | ||||||
3 | during any period for which the employee receives
or is | ||||||
4 | entitled to receive any part of salary.
| ||||||
5 | The benefit is not payable for any disability which begins | ||||||
6 | during any
period of absence from duty other than allowable | ||||||
7 | vacation time in any
calendar year. An employee whose | ||||||
8 | disability begins during any such
ineligible period of absence | ||||||
9 | from service may not receive benefits until
the employee | ||||||
10 | recovers from the disability and is in service for at least 15
| ||||||
11 | consecutive working days after such recovery.
| ||||||
12 | In the case of an employee who first enters service on or | ||||||
13 | after June 13,
the
effective date of this amendatory Act of | ||||||
14 | 1997, an ordinary disability benefit
is not payable for the | ||||||
15 | first 3 days of disability that would otherwise be
payable | ||||||
16 | under this Section if the disability does not continue for at | ||||||
17 | least 11
additional days.
| ||||||
18 | Beginning on the effective date of this amendatory Act of | ||||||
19 | the 93rd General Assembly, an employee who first entered | ||||||
20 | service on or after June 13, 1997 is also eligible for ordinary | ||||||
21 | disability benefits on the 31st day after the last day worked, | ||||||
22 | provided all sick leave is exhausted.
| ||||||
23 | (c) The benefit shall be 50% of the employee's salary at | ||||||
24 | the date of
disability, and shall terminate when the earliest | ||||||
25 | of the following occurs:
| ||||||
26 | (1) The employee returns to work or receives a | ||||||
27 | retirement annuity paid
wholly or in part under this | ||||||
28 | Article;
| ||||||
29 | (2) The disability ceases;
| ||||||
30 | (3) The employee willfully and continuously refuses to | ||||||
31 | follow medical
advice and treatment to enable the employee | ||||||
32 | to return to
work. However this provision does not apply to | ||||||
33 | an employee who relies in good
faith on treatment by prayer | ||||||
34 | through spiritual means alone in accordance with
the tenets |
| |||||||
| |||||||
1 | and practice of a recognized church or religious | ||||||
2 | denomination, by a
duly accredited practitioner thereof;
| ||||||
3 | (4) The employee (i) refuses to submit to a reasonable | ||||||
4 | physical
examination within 30 days of application by a | ||||||
5 | physician appointed by the
Board, (ii) in the case of | ||||||
6 | chronic alcoholism, the employee refuses
to join a | ||||||
7 | rehabilitation program licensed by the Department of | ||||||
8 | Public Health of
the State of Illinois and certified by the | ||||||
9 | Joint Commission on the
Accreditation of Hospitals, (iii) | ||||||
10 | fails or refuses to consent to and sign an
authorization | ||||||
11 | allowing the Board to receive copies of or to examine the
| ||||||
12 | employee's medical and hospital records, or (iv) fails or | ||||||
13 | refuses to provide
complete information regarding any | ||||||
14 | other employment for compensation he or she
has received | ||||||
15 | since becoming disabled; or
| ||||||
16 | (5) The eligible period for this benefit has been | ||||||
17 | exhausted.
| ||||||
18 | The first payment of the benefit shall be made not later | ||||||
19 | than one month
after the same has been granted, and subsequent | ||||||
20 | payments shall be made at
intervals of not more than 30 days. | ||||||
21 | (d) In the event that an interim disability benefit has | ||||||
22 | been received, the benefit paid under this Section shall be | ||||||
23 | subject to adjustment by the Board under Section 13-309.1.
| ||||||
24 | (Source: P.A. 90-12, eff. 6-13-97; 91-887, eff. 7-6-00.)
| ||||||
25 | (40 ILCS 5/13-311) (from Ch. 108 1/2, par. 13-311)
| ||||||
26 | Sec. 13-311. Credit for Workers' Compensation payments. If | ||||||
27 | an
employee, or an employee's spouse or children, receives | ||||||
28 | compensation under any
workers' compensation or occupational | ||||||
29 | diseases law, the benefit payable under this Article
shall be | ||||||
30 | reduced by the amount of the compensation so received if the | ||||||
31 | amount is
less than the annuity or benefit. If the compensation | ||||||
32 | exceeds the annuity or
benefit, no payment of annuity or | ||||||
33 | benefit shall be made until the period of
time has elapsed when |
| |||||||
| |||||||
1 | the annuity or benefit payable at the rates provided in
this | ||||||
2 | Article equals the amount of such compensation. However, the | ||||||
3 | commutation
of compensation to a lump sum basis as provided in | ||||||
4 | the workers' compensation or
occupational diseases law shall | ||||||
5 | not increase the annuity or benefit provided
under this | ||||||
6 | Article; the annuity or benefit to be paid hereunder shall be | ||||||
7 | based
on the amount of compensation awarded under such laws | ||||||
8 | prior to commutation of
such compensation. No interest shall be | ||||||
9 | considered in these calculations , except for benefits paid | ||||||
10 | under Section 13-309.1 .
| ||||||
11 | (Source: P.A. 91-887, eff. 7-6-00.)
| ||||||
12 | (40 ILCS 5/13-314) (from Ch. 108 1/2, par. 13-314)
| ||||||
13 | Sec. 13-314. Alternative provisions for Water Reclamation | ||||||
14 | District
commissioners.
| ||||||
15 | (a) Transfer of credits. Any Water Reclamation District | ||||||
16 | commissioner
elected by vote of the people and who has elected | ||||||
17 | to participate in this
Fund may transfer to this Fund credits | ||||||
18 | and creditable service accumulated
under any other pension fund | ||||||
19 | or retirement system established under
Articles 2 through 18 of | ||||||
20 | this Code, upon payment to the Fund of (1) the
amount by which | ||||||
21 | the employer and employee contributions that would have
been | ||||||
22 | required if he had participated in this Fund during the period | ||||||
23 | for
which credit is being transferred, plus interest, exceeds | ||||||
24 | the amounts
actually transferred from such other fund or system | ||||||
25 | to this Fund, plus (2)
interest thereon at 6% per year | ||||||
26 | compounded annually from the date of
transfer to the date of | ||||||
27 | payment.
| ||||||
28 | (b) Alternative annuity. Any participant commissioner may | ||||||
29 | elect to
establish alternative credits for an alternative | ||||||
30 | annuity by electing in
writing to make additional optional | ||||||
31 | contributions in accordance with this
Section and procedures | ||||||
32 | established by the Board. Unless and until such
time as the | ||||||
33 | U.S. Internal Revenue Service or the federal courts provide a
|
| |||||||
| |||||||
1 | favorable ruling as described in Section 13-502(f), a
such | ||||||
2 | commissioner
may discontinue making the additional optional | ||||||
3 | contributions by notifying the
Fund in writing in accordance | ||||||
4 | with this Section and procedures established
by the Board.
| ||||||
5 | Additional optional contributions for the alternative | ||||||
6 | annuity shall be
as follows:
| ||||||
7 | (1) For service after the option is elected, an | ||||||
8 | additional contribution
of 3% of salary shall be | ||||||
9 | contributed to the Fund on the same basis and
under the | ||||||
10 | same conditions as contributions required under Section | ||||||
11 | 13-502.
| ||||||
12 | (2) For contributions on past service, the additional | ||||||
13 | contribution shall
be 3% of the salary for the
applicable | ||||||
14 | period of service, plus interest at the annual rate from | ||||||
15 | time to
time as determined by the Board, compounded | ||||||
16 | annually from the date of service
to the date of payment. | ||||||
17 | Contributions for service before the option is
elected may | ||||||
18 | be made in a lump sum payment to the Fund or by | ||||||
19 | contributing to the
Fund on the same basis and under the | ||||||
20 | same conditions as contributions required
under Section | ||||||
21 | 13-502.
All payments for past service must be paid in full | ||||||
22 | before credit
is given. No additional optional | ||||||
23 | contributions may be made for any period
of service for | ||||||
24 | which credit has been previously forfeited by acceptance of
| ||||||
25 | a refund, unless the refund is repaid in full with interest | ||||||
26 | at the rate
specified in Section 13-603, from the date of | ||||||
27 | refund to the date of repayment.
| ||||||
28 | In lieu of the retirement annuity otherwise payable under | ||||||
29 | this Article,
any commissioner who has elected to participate | ||||||
30 | in the Fund and make
additional optional contributions in | ||||||
31 | accordance with this Section,
has attained age 55, and has at | ||||||
32 | least 6 years of service
credit, may elect to have the | ||||||
33 | retirement annuity computed as follows: 3% of
the participant's | ||||||
34 | average final salary as a commissioner for each of
the first 8 |
| |||||||
| |||||||
1 | years of service credit, plus 4% of such salary for each of the
| ||||||
2 | next 4 years of service credit, plus 5% of such salary for each | ||||||
3 | year of
service credit in excess of 12 years, subject to a | ||||||
4 | maximum of 80% of such
salary. To the extent such commissioner | ||||||
5 | has made additional optional
contributions with respect to only | ||||||
6 | a portion of years of service credit,
the retirement annuity | ||||||
7 | will first be determined in accordance with this
Section to the | ||||||
8 | extent such additional optional contributions were made, and
| ||||||
9 | then in accordance with the remaining Sections of this Article | ||||||
10 | to the
extent of years of service credit with respect to which | ||||||
11 | additional optional
contributions were not made. The change in | ||||||
12 | minimum retirement age (from
60 to 55) made by this amendatory | ||||||
13 | Act of 1993 applies to persons who begin
receiving a retirement | ||||||
14 | annuity under this Section on or after the effective
date of | ||||||
15 | this amendatory Act, without regard to whether they are in | ||||||
16 | service
on or after that date.
| ||||||
17 | (c) Disability benefits. In lieu of the disability benefits | ||||||
18 | otherwise
payable under this Article, any commissioner who (1) | ||||||
19 | has elected to
participate in the Fund, and (2) has become | ||||||
20 | permanently disabled and as a
consequence is unable to perform | ||||||
21 | the duties of office, and (3) was making
optional contributions | ||||||
22 | in accordance with this Section at the time the
disability was | ||||||
23 | incurred, may elect to receive a disability annuity
calculated | ||||||
24 | in accordance with the formula in subsection (b). For the
| ||||||
25 | purposes of this subsection, such commissioner shall be
| ||||||
26 | considered permanently disabled only if: (i) disability occurs | ||||||
27 | while in
service as a commissioner and is of such a nature as | ||||||
28 | to prevent the
reasonable performance of the duties of office | ||||||
29 | at the time; and (ii) the
Board has received a written | ||||||
30 | certification by at least 2 licensed
physicians appointed by it | ||||||
31 | stating that such commissioner is disabled and
that the | ||||||
32 | disability is likely to be permanent.
| ||||||
33 | (d) Alternative survivor's benefits. In lieu of the
| ||||||
34 | survivor's benefits otherwise payable under this Article, the |
| |||||||
| |||||||
1 | spouse or
eligible child of any deceased commissioner who (1) | ||||||
2 | had elected to
participate in the Fund, and (2) was either | ||||||
3 | making additional optional
contributions on the date of death, | ||||||
4 | or was receiving an annuity calculated
under this Section at | ||||||
5 | the time of death, may elect to receive an annuity
beginning on | ||||||
6 | the date of the commissioner's death, provided that the spouse
| ||||||
7 | and commissioner must have been married on the date of the last | ||||||
8 | termination
of a service as commissioner and for a continuous | ||||||
9 | period of at least one
year immediately preceding death.
| ||||||
10 | The annuity shall be payable beginning on the date of the | ||||||
11 | commissioner's
death if the spouse is then age 50 or over, or | ||||||
12 | beginning at age 50 if the
age of the spouse is less than 50 | ||||||
13 | years. If a minor unmarried child or
children of the | ||||||
14 | commissioner, under age 18, also survive, and the child or
| ||||||
15 | children are under the care of the eligible spouse, the annuity | ||||||
16 | shall begin
as of the date of death of the commissioner without | ||||||
17 | regard to the spouse's age.
| ||||||
18 | The annuity to a spouse shall be 66 2/3% of the amount of | ||||||
19 | retirement
annuity earned by the commissioner on the date of | ||||||
20 | death, subject to a
minimum payment of 10% of salary, provided | ||||||
21 | that if an eligible spouse,
regardless of age, has in his or | ||||||
22 | her care at the date of death of the
commissioner any unmarried | ||||||
23 | child or children of the commissioner under age
18, the minimum | ||||||
24 | annuity shall be 30% of the commissioner's salary, plus 10%
of | ||||||
25 | salary on account of each minor child of the commissioner, | ||||||
26 | subject to a
combined total payment on account of a spouse and | ||||||
27 | minor children not to
exceed 50% of the deceased commissioner's | ||||||
28 | salary. In the event there shall
be no spouse of the | ||||||
29 | commissioner surviving, or should a spouse die while
eligible | ||||||
30 | minor children still survive the commissioner, each such child
| ||||||
31 | shall be entitled to an annuity equal to 20% of salary of the | ||||||
32 | commissioner
subject to a combined total payment on account of | ||||||
33 | all such children not to
exceed 50% of salary of the | ||||||
34 | commissioner. The salary to be used in the
calculation of these |
| |||||||
| |||||||
1 | benefits shall be the same as that prescribed for
determining a | ||||||
2 | retirement annuity as provided in subsection (b) of this | ||||||
3 | Section.
| ||||||
4 | Upon the death of a commissioner occurring after | ||||||
5 | termination of a service
or while in receipt of a retirement | ||||||
6 | annuity, the combined total payment to
a spouse and minor | ||||||
7 | children, or to minor children alone if no eligible
spouse | ||||||
8 | survives, shall be limited to 75% of the amount of retirement
| ||||||
9 | annuity earned by the commissioner.
| ||||||
10 | Adopted children shall have status as natural children of | ||||||
11 | the
commissioner only if the proceedings for adoption were | ||||||
12 | commenced at least
one year prior to the date of the | ||||||
13 | commissioner's death.
| ||||||
14 | Marriage of a child or attainment of age 18, whichever | ||||||
15 | first occurs,
shall render the child ineligible for further | ||||||
16 | consideration in the payment
of annuity to a spouse or in the | ||||||
17 | increase in the amount thereof. Upon
attainment of | ||||||
18 | ineligibility of the youngest minor child of the
commissioner, | ||||||
19 | the annuity shall immediately revert to the amount payable
upon | ||||||
20 | death of a commissioner leaving no minor children surviving. If | ||||||
21 | the
spouse is under age 50 at such time, the annuity as revised | ||||||
22 | shall be
deferred until such age is attained.
| ||||||
23 | (e) Refunds. Refunds of additional optional contributions | ||||||
24 | shall be made
on the same basis and under the same conditions | ||||||
25 | as provided under Section
13-601. Interest shall be credited on | ||||||
26 | the same basis and under the same
conditions as for other | ||||||
27 | contributions.
| ||||||
28 | Optional contributions shall be accounted for in a separate | ||||||
29 | Commission's
Optional Contribution Reserve. Optional | ||||||
30 | contributions under this Section
shall be included in the | ||||||
31 | amount of employee contributions used to compute
the tax levy | ||||||
32 | under Section 13-503.
| ||||||
33 | (f) Effective date. The effective date of this plan of | ||||||
34 | optional
alternative benefits and contributions shall be the |
| |||||||
| |||||||
1 | date upon which
approval was received from the U.S. Internal | ||||||
2 | Revenue Service. The plan of
optional alternative benefits and | ||||||
3 | contributions shall not be available to
any former employee | ||||||
4 | receiving an annuity from the Fund on the effective
date, | ||||||
5 | unless said former employee re-enters service and renders at | ||||||
6 | least 3
years of additional service after the date of re-entry | ||||||
7 | as a commissioner.
| ||||||
8 | (Source: P.A. 90-12, eff. 6-13-97; 91-887, eff. 7-6-00.)
| ||||||
9 | (40 ILCS 5/13-402) (from Ch. 108 1/2, par. 13-402)
| ||||||
10 | Sec. 13-402. Length of service. For the purpose of | ||||||
11 | computing the length
of service for the retirement annuity, | ||||||
12 | surviving spouse's annuity, and
child's annuity, and | ||||||
13 | calculating the minimum service requirement for
payment of | ||||||
14 | military service under subsection (b) of Section 13-403,
| ||||||
15 | service of 120 days in any one calendar year shall constitute | ||||||
16 | one year
of service and service for any fractional part thereof | ||||||
17 | shall constitute an
equal fractional part of one year of | ||||||
18 | service unless specifically provided
otherwise. For all other | ||||||
19 | purposes under this Article, including but not
limited to the | ||||||
20 | optional plans of additional benefits and contributions | ||||||
21 | provided
under Sections 13-304 , 13-304.1, and 13-314 of this | ||||||
22 | Article, 26 pay periods of service
during any 12 consecutive | ||||||
23 | months shall constitute a year of service, and
service rendered | ||||||
24 | for 50% or more of a single pay period shall constitute
service | ||||||
25 | for the full pay period. Service of less than 50% of a single | ||||||
26 | pay
period shall not be counted.
| ||||||
27 | (Source: P.A. 93-334, eff. 7-24-03.)
| ||||||
28 | (40 ILCS 5/13-403) (from Ch. 108 1/2, par. 13-403)
| ||||||
29 | Sec. 13-403. Military service.
| ||||||
30 | (a) Any employee who, after commencement of
service with | ||||||
31 | the Employer, enlisted, was inducted or was otherwise ordered
| ||||||
32 | to serve in the military forces of the United States pursuant |
| |||||||
| |||||||
1 | to any law,
shall receive full service credit for the various | ||||||
2 | purposes of this Article
as though the employee were in the | ||||||
3 | active service of the Employer during
the period of military | ||||||
4 | service provided that:
| ||||||
5 | (1) beginning July 1, 1963, such service credit shall | ||||||
6 | be granted only for
military service for which the employee | ||||||
7 | volunteers or is inducted or called into military
service | ||||||
8 | pursuant to a call of a duly constituted authority or a law | ||||||
9 | of the
United States declaring a national emergency;
| ||||||
10 | (2) the employee returns to the employ of the Employer | ||||||
11 | within 90 days
after the termination of the national | ||||||
12 | emergency; and
| ||||||
13 | (3) the total service credit for such military service | ||||||
14 | shall not exceed 5
years except that any employee who on | ||||||
15 | July 1, 1963 had accrued more than 5
years of such credit | ||||||
16 | shall be entitled to the total amount thereof.
| ||||||
17 | (b) For a ten-year period following the effective date of | ||||||
18 | this amendatory
Act of the 93rd General Assembly, a | ||||||
19 | contributing employee or commissioner
meeting the minimum | ||||||
20 | service requirements provided under this subsection may
| ||||||
21 | establish additional service credit for a period of up to 2 | ||||||
22 | years of active
military service in the United States Armed | ||||||
23 | Forces for which he or she does not
qualify for credit under | ||||||
24 | subsection (a), provided that (1) the person was not
| ||||||
25 | dishonorably discharged from the military service, and (2) the | ||||||
26 | amount of
service credit established by the person under this | ||||||
27 | subsection (b), when added
to the amount of any military | ||||||
28 | service credit granted to the person under
subsection (a), | ||||||
29 | shall not exceed 5 years.
| ||||||
30 | The minimum service requirement for a contributing | ||||||
31 | employee is 10 years of
service credit as provided in Sections | ||||||
32 | 13-401 and 13-402 of this Article and
exclusive of Article 20. | ||||||
33 | The minimum service requirement for a contributing
| ||||||
34 | commissioner is 5 years of service credit as provided in |
| |||||||
| |||||||
1 | Sections 13-401 and
13-402 of this Article and
exclusive of | ||||||
2 | Article 20.
| ||||||
3 | In order to establish military service credit under this | ||||||
4 | subsection (b),
the applicant must submit a written application | ||||||
5 | to the Fund, including the
applicant's discharge papers from | ||||||
6 | military service, and pay to the Fund (i)
employee | ||||||
7 | contributions at the rates provided in this Article, based upon | ||||||
8 | the
person's salary on the last date as a participating | ||||||
9 | employee prior to the
military service or on the first date as | ||||||
10 | a participating employee after the
military service, whichever | ||||||
11 | is greater, plus (ii) the current amount determined
by the | ||||||
12 | board to be equal to the employer's normal cost of the benefits | ||||||
13 | accrued
for such military service, plus (iii) regular interest | ||||||
14 | of 3% compounded
annually on items (i) and (ii) from the date | ||||||
15 | of entry or re-entry as a
participating employee following the | ||||||
16 | military service to the date of payment.
Contributions must be | ||||||
17 | paid in full before the credit is granted. Credit
established | ||||||
18 | under this subsection may be used for pension purposes only.
| ||||||
19 | Notwithstanding any other provision of this Section, a | ||||||
20 | person may not
establish creditable service under this Section | ||||||
21 | for any period for which the
person receives credit under any | ||||||
22 | other public employee retirement system,
unless the credit | ||||||
23 | under that other retirement system has been irrevocably
| ||||||
24 | relinquished.
| ||||||
25 | (Source: P.A. 93-334, eff. 7-24-03.)
| ||||||
26 | (40 ILCS 5/13-502) (from Ch. 108 1/2, par. 13-502)
| ||||||
27 | Sec. 13-502. Employee contributions; deductions from | ||||||
28 | salary.
| ||||||
29 | (a) Retirement annuity and child's annuity. There shall be | ||||||
30 | deducted
from each payment of salary an amount equal to 7 1/2% | ||||||
31 | of salary as the
employee's contribution for the retirement | ||||||
32 | annuity, including annual
increases therefore and child's | ||||||
33 | annuity.
|
| |||||||
| |||||||
1 | (b) Surviving spouse's annuity. There shall be deducted | ||||||
2 | from each
payment of salary an amount equal to 1 1/2% of salary | ||||||
3 | as the employee's
contribution for the surviving spouse's | ||||||
4 | annuity and annual increases therefor.
| ||||||
5 | (c) Pickup of employee contributions. The Employer may pick | ||||||
6 | up employee
contributions required under subsections (a) and | ||||||
7 | (b) of this Section. If
contributions are picked up they shall | ||||||
8 | be treated as Employer contributions
in determining tax | ||||||
9 | treatment under the United States Internal Revenue Code,
and | ||||||
10 | shall not be included as gross income of the employee until | ||||||
11 | such time
as they are distributed. The Employer shall pay these | ||||||
12 | employee
contributions from the same source of funds used in | ||||||
13 | paying salary to the
employee. The Employer may pick up these | ||||||
14 | contributions by a reduction in
the cash salary of the employee | ||||||
15 | or by an offset against a future salary
increase or by a | ||||||
16 | combination of a reduction in salary and offset against a
| ||||||
17 | future salary increase. If employee contributions are picked up | ||||||
18 | they shall be
treated for all purposes of this Article 13, | ||||||
19 | including Sections 13-503 and
13-601, in the same manner and to | ||||||
20 | the same extent as employee contributions
made prior to the | ||||||
21 | date picked up.
| ||||||
22 | (d) Subject to the requirements of federal law, the | ||||||
23 | Employer shall
pick up optional contributions that the employee | ||||||
24 | has elected to pay to the
Fund under Section 13-304.1, and the | ||||||
25 | contributions so picked up
shall be treated as employer | ||||||
26 | contributions for the purposes of determining
federal tax | ||||||
27 | treatment. The Employer shall pick up the contributions by a
| ||||||
28 | reduction in the cash salary of the employee and shall pay the | ||||||
29 | contributions
from the same fund that is used to pay earnings | ||||||
30 | to the employee. The Employer
shall, however, continue to | ||||||
31 | withhold federal and State income taxes based upon
| ||||||
32 | contributions made under Section 13-304.1 until the Internal | ||||||
33 | Revenue Service or
the federal courts rule that pursuant to | ||||||
34 | Section 414(h) of the U.S. Internal
Revenue Code of 1986, as |
| |||||||
| |||||||
1 | amended, these contributions shall not be included as
gross | ||||||
2 | income of the employee until such time as they are distributed | ||||||
3 | or made
available.
| ||||||
4 | (e) Each employee is deemed to consent and agree to the | ||||||
5 | deductions from
compensation provided for in this Article.
| ||||||
6 | (f) Subject to the requirements of federal law, the | ||||||
7 | Employer shall pick up
contributions that a commissioner has | ||||||
8 | elected to pay to the Fund under Section
13-314, and the | ||||||
9 | contributions so picked up shall be treated as employer
| ||||||
10 | contributions for the purposes of determining federal tax | ||||||
11 | treatment. The
Employer shall pick up the contributions by a | ||||||
12 | reduction in the cash salary of
the commissioner and shall pay | ||||||
13 | the contributions from the same fund as is
used to pay earnings | ||||||
14 | to the commissioner. The Employer shall, however,
continue to | ||||||
15 | withhold federal and State income taxes based upon | ||||||
16 | contributions
made under Section 13-314 until the U.S. Internal | ||||||
17 | Revenue Service or the
federal courts rule that pursuant to | ||||||
18 | Section 414(h) of the Internal Revenue
Code of 1986, as | ||||||
19 | amended, these contributions shall not be included as gross
| ||||||
20 | income of the employee until such time as they are distributed | ||||||
21 | or made
available.
| ||||||
22 | (Source: P.A. 92-599, eff. 6-28-02.)
| ||||||
23 | (40 ILCS 5/13-601) (from Ch. 108 1/2, par. 13-601)
| ||||||
24 | Sec. 13-601. Refunds.
| ||||||
25 | (a) Withdrawal from service. Upon withdrawal from service, | ||||||
26 | an employee
under age 55 (age 50 if the employee first entered | ||||||
27 | service before June
13, 1997) , or an employee age 55 (age 50 if | ||||||
28 | the employee first entered
service before June 13, 1997) or | ||||||
29 | over but less than 60 having less
than 20 years of service, or | ||||||
30 | an employee age 60 or over having less than 5
years of service | ||||||
31 | shall be entitled, upon application, to a refund of total
| ||||||
32 | contributions from salary deductions or amounts otherwise paid | ||||||
33 | under this
Article by the employee. The refund shall not |
| |||||||
| |||||||
1 | include interest credited to
the contributions. The Board may, | ||||||
2 | in its discretion, withhold payment of a
refund for a period | ||||||
3 | not to exceed one year from the date of filing an
application | ||||||
4 | for refund.
| ||||||
5 | (b) Surviving spouse's annuity contributions. A refund of | ||||||
6 | all amounts
deducted from salary or otherwise contributed by an | ||||||
7 | employee for the
surviving spouse's annuity shall be paid upon | ||||||
8 | retirement to any employee
who on the date of retirement is | ||||||
9 | either not married or is married but whose
spouse is not | ||||||
10 | eligible for a surviving spouse's annuity paid wholly or in
| ||||||
11 | part under this Article. The refund shall include interest on
| ||||||
12 | each contribution at the rate of 3% per annum compounded | ||||||
13 | annually from the
date of the contribution to the date of the | ||||||
14 | refund.
| ||||||
15 | (c) When paid to children, estate or beneficiary. Whenever | ||||||
16 | the total
accumulations, to the account of an employee from | ||||||
17 | employee contributions,
including interest, have not been paid | ||||||
18 | to the employee and surviving spouse
as a retirement or | ||||||
19 | spouse's annuity before the death of the survivor of the
| ||||||
20 | employee and spouse, a refund shall be paid as follows: an | ||||||
21 | amount equal to
the excess of such amounts over the amounts | ||||||
22 | paid on such annuities without
interest on either such amount, | ||||||
23 | shall be paid to the children of the
employee, in equal parts | ||||||
24 | to each, unless the employee has directed in
writing, signed by | ||||||
25 | him before an officer authorized to administer oaths,
and filed | ||||||
26 | with the Board before the employee's death, that any such | ||||||
27 | amount
shall be refunded and paid to any one or more of such | ||||||
28 | children; and if
there are not children, such other beneficiary | ||||||
29 | or beneficiaries as might be
designated by the employee. If | ||||||
30 | there are no such children or designation
of beneficiary, the | ||||||
31 | refund shall be paid to the personal representative of
the | ||||||
32 | employee's estate.
| ||||||
33 | If a personal representative of the estate has not been | ||||||
34 | appointed within
90 days from the date on which a refund became |
| |||||||
| |||||||
1 | payable, the refund may be
applied, in the discretion of the | ||||||
2 | Board, toward the payment of the
employee's or the surviving | ||||||
3 | spouse's burial expenses. Any remaining
balance shall be paid | ||||||
4 | to the heirs of the employee according to the law of
descent | ||||||
5 | and distribution of the State of Illinois.
| ||||||
6 | If a reversionary annuity becomes payable under Section | ||||||
7 | 13-303, the
refund provided in this section shall not be paid | ||||||
8 | until the death of the
reversionary annuitant and the refund | ||||||
9 | otherwise payable under this section
shall be then further | ||||||
10 | reduced by the amount of the reversionary annuity paid.
| ||||||
11 | (d) In lieu of annuity. Notwithstanding the provisions set | ||||||
12 | forth in
subsection (a) of this section, whenever an employee's | ||||||
13 | or surviving
spouse's annuity will be less than $200 per month, | ||||||
14 | the employee or
surviving spouse, as the case may be, may elect | ||||||
15 | to receive a refund of
accumulated employee contributions; | ||||||
16 | provided, however, that if the election
is made by a surviving | ||||||
17 | spouse the refund shall be reduced by any amounts
theretofore | ||||||
18 | paid to the employee in the form of an annuity.
| ||||||
19 | (e) Forfeiture of rights. An employee or surviving spouse | ||||||
20 | who receives
a refund forfeits the right to receive an annuity | ||||||
21 | or any other benefit
payable under this Article except that if | ||||||
22 | the refund is to a surviving
spouse, any child or children of | ||||||
23 | the employee shall not be deprived of the
right to receive a | ||||||
24 | child's annuity as provided in Section 13-308 of this
Article, | ||||||
25 | and the payment of a child's annuity shall not reduce the | ||||||
26 | amount
refundable to the surviving spouse.
| ||||||
27 | (Source: P.A. 87-794; 87-1265.)
| ||||||
28 | (40 ILCS 5/13-603) (from Ch. 108 1/2, par. 13-603)
| ||||||
29 | Sec. 13-603. Restoration of rights. If an employee who has | ||||||
30 | received a
refund subsequently re-enters the service and | ||||||
31 | renders one year of contributing
service from the date of such | ||||||
32 | re-entry, the employee shall be entitled to
have restored all | ||||||
33 | accumulation and service credits previously forfeited by
|
| |||||||
| |||||||
1 | making a repayment of the refund, including interest from the | ||||||
2 | date of the
refund to the date of repayment at a rate equal to | ||||||
3 | the higher of 8% per annum
or the actuarial investment return | ||||||
4 | assumption used in the Fund's most recent
Annual Actuarial | ||||||
5 | Statement. Repayment may be made either directly to the Fund
or | ||||||
6 | in a manner similar to that provided for the contributions | ||||||
7 | required under
Section 13-502. The service credits represented | ||||||
8 | thereby, or any part thereof,
shall not become effective unless | ||||||
9 | the full amount due has been paid by the
employee, including | ||||||
10 | interest. The repayment must be made in full no later
than 90 | ||||||
11 | days following the date of the employee's final withdrawal from
| ||||||
12 | service. If the employee fails to make a full repayment, any | ||||||
13 | partial amounts
paid by the employee shall be refunded without | ||||||
14 | interest if the employee dies
in service or withdraws .
| ||||||
15 | (Source: P.A. 91-887, eff. 7-6-00.)
| ||||||
16 | Section 90. The State Mandates Act is amended by adding | ||||||
17 | Section 8.28 as
follows:
| ||||||
18 | (30 ILCS 805/8.28 new)
| ||||||
19 | Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
20 | of this
Act, no reimbursement by the State is required for the | ||||||
21 | implementation of
any mandate created by this amendatory Act of | ||||||
22 | the 93rd General Assembly.
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
|