Rep. Robert S. Molaro
Filed: 5/16/2007
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1 | AMENDMENT TO HOUSE BILL 1697
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2 | AMENDMENT NO. ______. Amend House Bill 1697 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 14-119, 14-121, 14-130, and 14-133 and by | ||||||
6 | adding Section 14-152.2 as follows:
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7 | (40 ILCS 5/14-119) (from Ch. 108 1/2, par. 14-119)
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8 | Sec. 14-119. Amount of widow's annuity.
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9 | (a) The widow's annuity shall be 50% of the amount of | ||||||
10 | retirement annuity
payable to the member on the date of death | ||||||
11 | while on retirement if an
annuitant, or on the date of his | ||||||
12 | death while in service if an employee,
regardless of his age on | ||||||
13 | such date, or on the date of withdrawal if death
occurred after | ||||||
14 | termination of service under the conditions prescribed in
the | ||||||
15 | preceding Section.
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16 | (b) If an eligible widow, regardless of age, has in her |
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1 | care any
unmarried child or children of the member under age 18 | ||||||
2 | (under age 22 if a
full-time student), the widow's
annuity | ||||||
3 | shall be increased in the amount of 5% of the retirement | ||||||
4 | annuity
for each such child, but the combined payments for a | ||||||
5 | widow and
children shall not exceed 66 2/3% of the member's | ||||||
6 | earned
retirement annuity.
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7 | The amount of retirement annuity from which the widow's
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8 | annuity is derived shall be that earned by the member without | ||||||
9 | regard to
whether he attained age 60 prior to his withdrawal | ||||||
10 | under the conditions
stated or prior to his death.
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11 | (c) Adopted children shall be considered as children of the | ||||||
12 | member
only if the proceedings for adoption were commenced at | ||||||
13 | least 1 year
prior to the member's death.
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14 | Marriage of a child shall render the child ineligible for | ||||||
15 | further
consideration in the increase in the amount of the | ||||||
16 | widow's annuity.
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17 | Attainment of age 18 (age 22 if a full-time student)
shall | ||||||
18 | render a child ineligible for
further consideration in the | ||||||
19 | increase of the widow's annuity, but the
annuity to the widow | ||||||
20 | shall be continued thereafter, without regard to
her age at | ||||||
21 | that time.
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22 | (d) Except as otherwise provided in this subsection (d) and | ||||||
23 | Section 14-152.2, a widow's annuity payable on
account of any | ||||||
24 | covered employee who has
shall have
been a covered employee for | ||||||
25 | at least 18 months shall be reduced
by 1/2 of the amount of | ||||||
26 | survivors benefits to which his beneficiaries are
eligible |
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1 | under the provisions of the Federal Social Security Act, except
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2 | that (1) the amount of any widow's annuity payable under this | ||||||
3 | Article shall
not be reduced by reason of any increase under | ||||||
4 | that Act which occurs after
the offset required by this | ||||||
5 | subsection is first applied to that annuity,
and (2) for | ||||||
6 | benefits granted on or after January 1, 1992, the offset under
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7 | this subsection (d) shall not exceed 50% of the amount of | ||||||
8 | widow's annuity
otherwise payable.
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9 | Beginning on July 1, 2008 (and except as otherwise provided | ||||||
10 | in Section 14-152.2), the offset under this subsection (d) | ||||||
11 | shall no
longer be applied to a widow's annuity of any person | ||||||
12 | receiving retirement benefits or a widow's annuity on the | ||||||
13 | effective date of this amendatory Act of the 95th General | ||||||
14 | Assembly.
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15 | Except as otherwise provided in Section 14-152.2, an active | ||||||
16 | member of the System first employed before January 1, 2008 must | ||||||
17 | file an election to have the offset under this subsection (d) | ||||||
18 | applied to his or her widow's annuity with the System on or | ||||||
19 | before March 1, 2008. If no election is made by the employee, | ||||||
20 | then the employee must begin making the additional 0.6% | ||||||
21 | contribution required under Section 14-133 and, if he or she | ||||||
22 | elects to do so by September 1, 2008, may elect to make the | ||||||
23 | contributions for any prior service. Once the member has made | ||||||
24 | an election or failed to make the election to have the offset | ||||||
25 | applied to his or her widow's annuity within the specified | ||||||
26 | period, the member must maintain that status until a qualifying |
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1 | event occurs. Upon the occurrence of a qualifying event, (i) if | ||||||
2 | the member's widow's annuity is subject to the offset, the | ||||||
3 | member may elect to remove the offset and begin to make | ||||||
4 | contributions for any service after that date and, within 60 | ||||||
5 | days after that date, make contributions for any prior service | ||||||
6 | without interest or (ii) if the member's widow's annuity is not | ||||||
7 | subject to the offset, the member may elect to have the offset | ||||||
8 | applied to his or her widow's annuity and cease making the | ||||||
9 | contributions, but shall receive no refund for the | ||||||
10 | contributions.
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11 | Except as otherwise provided in Section 14-152.2, unless an | ||||||
12 | active member of the System first employed on or after January | ||||||
13 | 1, 2008 files an election to have the offset under this | ||||||
14 | subsection (d) applied to his or her widow's annuity with the | ||||||
15 | System during his or her qualifying period, he or she shall | ||||||
16 | begin making the 1.1% contribution required under 14-133. After | ||||||
17 | the qualifying period, the member must maintain his or her | ||||||
18 | offset status until a qualifying event occurs. Upon the | ||||||
19 | occurrence of a qualifying event, (i) if the member's widow's | ||||||
20 | annuity is subject to the offset, the member may elect to | ||||||
21 | remove the offset and begin to make contributions for any | ||||||
22 | service after that date and, within 60 days after that date, | ||||||
23 | make contributions for any prior service without interest or | ||||||
24 | (ii) if the member's widow's annuity is not subject to the | ||||||
25 | offset, the member may elect to have the offset applied to his | ||||||
26 | or her widow's annuity and cease making the contributions, but |
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1 | shall receive no refund for the contributions.
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2 | If a member has a qualifying spouse at the time of | ||||||
3 | retirement and has made the additional contributions pursuant | ||||||
4 | to Section 14-133 to remove the offset under this subsection | ||||||
5 | (d) for all of his or her creditable service, then the offset | ||||||
6 | under this subsection (d) does not apply to the member's | ||||||
7 | widow's benefit. If a member has a qualifying spouse at the | ||||||
8 | time of retirement and has made the additional contributions | ||||||
9 | pursuant to Section 14-133 to remove the offset under this | ||||||
10 | subsection (d) for a portion of his or her creditable service, | ||||||
11 | then the member may either (A) receive a refund of the | ||||||
12 | additional contributions made and have the offset under this | ||||||
13 | subsection (d) apply to the member's widow's annuity or (B) | ||||||
14 | make the required contributions for any period for which he or | ||||||
15 | she has not contributed, plus interest. If a member does not | ||||||
16 | have a qualifying spouse at the time of retirement, then the | ||||||
17 | member may receive a refund of the additional contributions | ||||||
18 | made pursuant to Section 14-133 to remove the offset under this | ||||||
19 | subsection (d).
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20 | For the purposes of this subsection (d), "qualifying event" | ||||||
21 | includes a change in marital status (including the death of a | ||||||
22 | spouse) or the adoption or birth of a child.
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23 | (e) Upon the death of a recipient of a widow's annuity the | ||||||
24 | excess, if
any, of the member's accumulated contributions plus | ||||||
25 | credited interest over
all annuity payments to the member and | ||||||
26 | widow, exclusive of the $500 lump
sum payment, shall be paid to |
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1 | the named beneficiary of the widow, or if
none has been named, | ||||||
2 | to the estate of the widow, provided no reversionary
annuity is | ||||||
3 | payable.
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4 | (f) On January 1, 1981, any recipient of a widow's annuity | ||||||
5 | who was receiving
a widow's annuity on or before January 1, | ||||||
6 | 1971, shall have her widow's annuity
then being paid increased | ||||||
7 | by 1% for each full year which has elapsed from
the date the | ||||||
8 | widow's annuity began. On January 1, 1982, any recipient
of a | ||||||
9 | widow's annuity who began receiving a widow's annuity after | ||||||
10 | January
1, 1971, but before January 1, 1981, shall have her | ||||||
11 | widow's annuity then
being paid increased by 1% for each full | ||||||
12 | year which has elapsed from the
date the widow's annuity began. | ||||||
13 | On January 1, 1987, any recipient of a
widow's annuity who | ||||||
14 | began receiving the widow's annuity on or before January
1, | ||||||
15 | 1977, shall have the monthly widow's annuity increased by $1
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16 | for each full year which has elapsed since the date the
annuity | ||||||
17 | began.
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18 | (g) Beginning January 1, 1990, every widow's annuity shall | ||||||
19 | be
increased (1) on each January 1 occurring on or after the | ||||||
20 | commencement
of the annuity if the deceased member died while | ||||||
21 | receiving a retirement
annuity, or (2) in other cases, on each | ||||||
22 | January 1 occurring on or after
the first anniversary of the | ||||||
23 | commencement of the annuity, by an amount
equal to 3% of the | ||||||
24 | current amount of the annuity, including any previous
increases | ||||||
25 | under this Article. Such increases shall apply without regard | ||||||
26 | to
whether the deceased member was in service on or after the |
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1 | effective date
of Public Act 86-1488, but shall not accrue for | ||||||
2 | any period prior to January
1, 1990.
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3 | (Source: P.A. 90-448, eff. 8-16-97.)
| ||||||
4 | (40 ILCS 5/14-121) (from Ch. 108 1/2, par. 14-121)
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5 | Sec. 14-121. Amount of survivors annuity. A survivors | ||||||
6 | annuity
beneficiary shall be entitled upon death of the member | ||||||
7 | to a single sum
payment of $1,000, payable pro rata among all | ||||||
8 | persons entitled thereto,
together with a survivors annuity | ||||||
9 | payable at the rates and under the
conditions specified in this | ||||||
10 | Article.
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11 | (a) If the survivors annuity beneficiary is a spouse, the | ||||||
12 | survivors
annuity shall be 30% of final average compensation | ||||||
13 | subject to a maximum
payment of $400 per month.
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14 | (b) If an eligible child or children under the care of a | ||||||
15 | spouse also
survives the member, such spouse as natural | ||||||
16 | guardian of the child or
children shall receive, in addition to | ||||||
17 | the foregoing annuity, 20% of final
average compensation on | ||||||
18 | account of each such child and 10% of final average
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19 | compensation divided pro rata among such children, subject to a | ||||||
20 | maximum
payment on account of all survivor annuity | ||||||
21 | beneficiaries of $600 per month,
or 80% of the member's final | ||||||
22 | average compensation, whichever is the lesser.
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23 | (c) If the survivors annuity beneficiary or beneficiaries | ||||||
24 | consists of
an unmarried child or children, the amount of | ||||||
25 | survivors annuity shall be
20% of final average compensation to |
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1 | each child, and 10% of final average
compensation divided pro | ||||||
2 | rata among all such children entitled to such annuity,
subject | ||||||
3 | to a maximum payment to all children combined of $600 per month
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4 | or 80% of the member's final average compensation, whichever is | ||||||
5 | the lesser.
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6 | (d) If the survivors annuity beneficiary is one or more | ||||||
7 | dependent parents,
the annuity shall be 20% of final average | ||||||
8 | compensation to each parent and
10% of final average | ||||||
9 | compensation divided pro rata among the parents who
qualify for | ||||||
10 | this annuity, subject to a maximum payment to both dependent
| ||||||
11 | parents of $400 per month.
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12 | (e) The survivors annuity to the spouse, children or | ||||||
13 | dependent parents of
a member whose death occurs after the date | ||||||
14 | of last withdrawal, or after
retirement, or while in service | ||||||
15 | following reentry into service after
retirement but before | ||||||
16 | completing 1 1/2 years of additional creditable
service, shall | ||||||
17 | not exceed the lesser of 80% of the member's earned
retirement | ||||||
18 | annuity at the date of death or the maximum previously
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19 | established in this Section.
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20 | (f) In applying the limitation prescribed on the combined | ||||||
21 | payments to
2 or more survivors annuity beneficiaries, the | ||||||
22 | annuity on account of each
beneficiary shall be reduced pro | ||||||
23 | rata until such time as the number of
beneficiaries makes the | ||||||
24 | reduction no longer applicable.
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25 | (g) Except as otherwise provided in this subsection (g) and | ||||||
26 | Section 14-152.2, a survivors annuity payable on account of
any |
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| |||||||
1 | covered employee who has
shall have been a covered employee for | ||||||
2 | at
least 18 months at date of death or last withdrawal, | ||||||
3 | whichever is the later,
shall be reduced by 1/2 of the | ||||||
4 | survivors benefits to which his beneficiaries
are eligible | ||||||
5 | under the federal Social Security Act, except that (1) the
| ||||||
6 | survivors annuity payable under this Article shall not be | ||||||
7 | reduced by any
increase under that Act which occurs after the | ||||||
8 | offset required by this
subsection is first applied to that | ||||||
9 | annuity, (2) for benefits granted on or
after January 1, 1992, | ||||||
10 | the offset under this subsection (g) shall not exceed
50% of | ||||||
11 | the amount of survivors annuity otherwise payable.
| ||||||
12 | Beginning on July 1, 2008 (and except as otherwise provided | ||||||
13 | in Section 14-152.2), the offset under this subsection (g) | ||||||
14 | shall no
longer be applied to a survivors annuity of any person | ||||||
15 | receiving retirement benefits or a survivors annuity on the | ||||||
16 | effective date of this amendatory Act of the 95th General | ||||||
17 | Assembly.
| ||||||
18 | Except as otherwise provided in Section 14-152.2, an active | ||||||
19 | member of the System first employed before January 1, 2008 must | ||||||
20 | file an election to have the offset under this subsection (g) | ||||||
21 | applied to his or her survivors annuity with the System on or | ||||||
22 | before March 1, 2008. If no election is made by the employee, | ||||||
23 | then the employee must begin making the additional 0.6% | ||||||
24 | contribution required pursuant to Section 14-133 and, if he or | ||||||
25 | she elects to do so by September 1, 2008, may elect to make the | ||||||
26 | contributions for any prior service. Once the member has made |
| |||||||
| |||||||
1 | an election or failed to make the election to have the offset | ||||||
2 | applied to his or her survivors annuity within the specified | ||||||
3 | period, the member must maintain that status until a qualifying | ||||||
4 | event occurs. Upon the occurrence of a qualifying event, (i) if | ||||||
5 | the member's survivors annuity is subject to the offset, the | ||||||
6 | member may elect to remove the offset and begin to make | ||||||
7 | contributions for any service after that date and, within 60 | ||||||
8 | days after that date, make contributions for any prior service | ||||||
9 | without interest or (ii) if the member's survivors annuity is | ||||||
10 | not subject to the offset, the member may elect to have the | ||||||
11 | offset applied to his or her survivors annuity and cease making | ||||||
12 | the contributions, but shall receive no refund for the | ||||||
13 | contributions.
| ||||||
14 | Except as otherwise provided in Section 14-152.2, unless an | ||||||
15 | active member of the System first employed on or after January | ||||||
16 | 1, 2008 files an election to have the offset under this | ||||||
17 | subsection (g) applied to his or her survivors annuity with the | ||||||
18 | System during his or her qualifying period, he or she shall | ||||||
19 | begin making the 1.1% contribution required under 14-133. After | ||||||
20 | the qualifying period, the member must maintain his or her | ||||||
21 | offset status until a qualifying event occurs. Upon the | ||||||
22 | occurrence of a qualifying event, (i) if the member's survivors | ||||||
23 | annuity is subject to the offset, the member may elect to | ||||||
24 | remove the offset and begin to make contributions for any | ||||||
25 | service after that date and, within 60 days after that date, | ||||||
26 | make contributions for any prior service without interest or |
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| |||||||
1 | (ii) if the member's survivors annuity is not subject to the | ||||||
2 | offset, the member may elect to have the offset applied to his | ||||||
3 | or her survivors annuity and cease making the contributions, | ||||||
4 | but shall receive no refund for the contributions.
| ||||||
5 | If a member has a qualifying survivor at the time of | ||||||
6 | retirement and has made the additional contributions pursuant | ||||||
7 | to Section 14-133 to remove the offset under this subsection | ||||||
8 | (g) for all of his or her creditable service, then the offset | ||||||
9 | under this subsection (d) does not apply to the member's | ||||||
10 | survivors benefit. If a member has a qualifying survivor at the | ||||||
11 | time of retirement and has made the additional contributions | ||||||
12 | under Section 14-133 to remove the offset under this subsection | ||||||
13 | (g) for a portion of his or her creditable service, then the | ||||||
14 | member may either (A) receive a refund of the additional | ||||||
15 | contributions made and have the offset under this subsection | ||||||
16 | (g) apply to the member's survivors annuity or (B) make the | ||||||
17 | required contributions for any period for which he or she has | ||||||
18 | not contributed, plus interest. If a member does not have a | ||||||
19 | qualifying survivor at the time of retirement, then the member | ||||||
20 | may receive a refund of the additional contributions made | ||||||
21 | pursuant to Section 14-133 to remove the offset under this | ||||||
22 | subsection (g).
| ||||||
23 | For the purposes of this subsection (g), "qualifying event" | ||||||
24 | includes a change in marital status (including the death of a | ||||||
25 | spouse) or the adoption or birth of a child.
| ||||||
26 | (h) The minimum payment to a beneficiary hereunder shall be |
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1 | $60 per month,
which shall be reduced in accordance with the | ||||||
2 | limitation prescribed on the
combined payments to all | ||||||
3 | beneficiaries of a member.
| ||||||
4 | (i) Subject to the conditions set forth in Section 14-120, | ||||||
5 | the minimum
total survivors annuity benefit payable to the | ||||||
6 | survivors annuity beneficiaries
of a deceased member or | ||||||
7 | annuitant whose death occurs on or after January
1, 1984, shall | ||||||
8 | be 50% of the amount of retirement annuity that was or would
| ||||||
9 | have been payable to the deceased on the date of death, | ||||||
10 | regardless of the
age of the deceased on such date. If the | ||||||
11 | minimum total benefit provided
by this subsection exceeds the | ||||||
12 | maximum otherwise imposed by this Section,
the minimum total | ||||||
13 | benefit shall nevertheless be payable. Any increase in
the | ||||||
14 | total survivors annuity benefit resulting from the operation of | ||||||
15 | this
subsection shall be divided among the survivors annuity | ||||||
16 | beneficiaries of
the deceased in proportion to their shares of | ||||||
17 | the total survivors annuity
benefit otherwise payable under | ||||||
18 | this Section.
| ||||||
19 | (j) Any survivors annuity beneficiary whose annuity | ||||||
20 | terminates due to any
condition specified in this Article other | ||||||
21 | than death shall be entitled to
a refund of the excess, if any, | ||||||
22 | of the accumulated contributions of the
member plus credited | ||||||
23 | interest over all payments to the member and beneficiary
or | ||||||
24 | beneficiaries, exclusive of the single sum payment of $1,000, | ||||||
25 | provided
no future survivors or reversionary annuity benefits | ||||||
26 | are payable.
|
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1 | (k) Upon the death of the last eligible recipient of a | ||||||
2 | survivors
annuity the excess, if any, of the member's | ||||||
3 | accumulated contributions plus
credited interest over all | ||||||
4 | annuity payments to the member and survivors
exclusive of the | ||||||
5 | single sum payment of $1000, shall be paid to the named
| ||||||
6 | beneficiary of the last eligible survivor, or if none has been | ||||||
7 | named, to
the estate of the last eligible survivor, provided no | ||||||
8 | reversionary annuity
is payable.
| ||||||
9 | (l) On January 1, 1981, any survivor who was receiving a | ||||||
10 | survivors
annuity on or before January 1, 1971, shall have his | ||||||
11 | survivors annuity then
being paid increased by 1% for each full | ||||||
12 | year which has elapsed from the
date the annuity began. On | ||||||
13 | January 1, 1982, any survivor who began receiving
a survivor's | ||||||
14 | annuity after January 1, 1971, but before January 1, 1981,
| ||||||
15 | shall have his survivor's annuity then being paid increased by | ||||||
16 | 1% for each
full year that has elapsed from the date the | ||||||
17 | annuity began.
On January 1, 1987, any survivor who began | ||||||
18 | receiving a survivor's annuity
on or before January 1, 1977, | ||||||
19 | shall have the monthly survivor's annuity
increased by $1 for | ||||||
20 | each full year which has elapsed since the date the
survivor's | ||||||
21 | annuity began.
| ||||||
22 | (m) Beginning January 1, 1990, every survivor's annuity | ||||||
23 | shall be increased
(1) on each January 1 occurring on or after | ||||||
24 | the commencement of the annuity if
the deceased member died | ||||||
25 | while receiving a retirement annuity, or (2) in
other cases, on | ||||||
26 | each January 1 occurring on or after the first anniversary
of |
| |||||||
| |||||||
1 | the commencement of the annuity, by an amount equal to 3% of | ||||||
2 | the current
amount of the annuity, including any previous | ||||||
3 | increases under this Article.
Such increases shall apply | ||||||
4 | without regard to whether the deceased member
was in service on | ||||||
5 | or after the effective date of Public Act 86-1488,
but shall | ||||||
6 | not accrue for any period prior to January 1, 1990.
| ||||||
7 | (Source: P.A. 86-273; 86-1488; 87-794.)
| ||||||
8 | (40 ILCS 5/14-130) (from Ch. 108 1/2, par. 14-130)
| ||||||
9 | Sec. 14-130. Refunds; rules.
| ||||||
10 | (a) Upon withdrawal a member is entitled to receive, upon | ||||||
11 | written
request, a refund of the member's contributions, | ||||||
12 | including credits granted
while in receipt of disability | ||||||
13 | benefits, without credited interest. The
board, in its | ||||||
14 | discretion may withhold payment of the refund of a member's
| ||||||
15 | contributions for a period not to exceed 1 year after the | ||||||
16 | member has ceased
to be an employee.
| ||||||
17 | For purposes of this Section, a member will be considered | ||||||
18 | to have
withdrawn from service if a change in, or transfer of, | ||||||
19 | his position
results in his becoming ineligible for continued | ||||||
20 | membership in this
System and eligible for membership in | ||||||
21 | another public retirement system
under this Act.
| ||||||
22 | (b) A member receiving a refund forfeits and relinquishes | ||||||
23 | all
accrued rights in the System, including all accumulated | ||||||
24 | creditable
service. If the person again becomes a member of the | ||||||
25 | System and
establishes at least 2 years of creditable service, |
| |||||||
| |||||||
1 | the member may repay
all the moneys previously refunded or a | ||||||
2 | portion of the moneys previously refunded representing | ||||||
3 | contributions for one or more whole months of creditable | ||||||
4 | service. If a member repays a portion of moneys previously | ||||||
5 | refunded, he or she may later repay some or all of the | ||||||
6 | remaining portion of those previously refunded moneys. | ||||||
7 | However, a former member may restore
credits previously | ||||||
8 | forfeited by acceptance of a refund without returning to
| ||||||
9 | service by applying in writing and repaying to the System, by | ||||||
10 | April 1,
1993, the amount of the refund plus regular interest | ||||||
11 | calculated from the
date of refund to the date of repayment.
| ||||||
12 | The repayment of refunds issued prior to January 1, 1984 | ||||||
13 | shall consist
of the amount refunded plus 5% interest per annum | ||||||
14 | compounded annually for
the period from the date of the refund | ||||||
15 | to the end of the month in which
repayment is made. The | ||||||
16 | repayment of refunds issued after January 1, 1984
shall consist | ||||||
17 | of the amount refunded plus regular interest for the period
| ||||||
18 | from the date of refund to the end of the month in which | ||||||
19 | repayment is made.
The repayment of the refund of a person who | ||||||
20 | accepts an alternative retirement cancellation payment under | ||||||
21 | Section 14-108.5 shall consist of the entire amount paid to the | ||||||
22 | person under subsection (c) of Section 14-108.5 plus regular | ||||||
23 | interest for the period from the date of the refund to the end | ||||||
24 | of the month in which repayment is made. However, in the case | ||||||
25 | of a refund that is repaid in a lump sum between
January 1, | ||||||
26 | 1991 and July 1, 1991, repayment shall consist of the amount
|
| |||||||
| |||||||
1 | refunded plus interest at the rate of 2.5% per annum compounded | ||||||
2 | annually
from the date of the refund to the end of the month in | ||||||
3 | which repayment is made.
| ||||||
4 | Upon repayment, the member shall receive credit for the
| ||||||
5 | service for which the refund has been repaid, and the | ||||||
6 | corresponding member contributions and regular interest that | ||||||
7 | was forfeited by
acceptance of the refund, as well as regular | ||||||
8 | interest for the period of
non-membership. Such repayment shall | ||||||
9 | be made in full before retirement
either in a lump sum or in | ||||||
10 | installment payments in accordance with such
rules as may be | ||||||
11 | adopted by the board.
| ||||||
12 | (b-5) The Board may adopt rules governing the repayment of | ||||||
13 | refunds
and establishment of credits in cases involving awards | ||||||
14 | of back pay or
reinstatement. The rules may authorize repayment | ||||||
15 | of a refund in installment
payments and may waive the payment | ||||||
16 | of interest on refund amounts repaid in
full within a specified | ||||||
17 | period.
| ||||||
18 | (c) A member no longer in service who is unmarried and does | ||||||
19 | not have an eligible survivors annuity
beneficiary on the date | ||||||
20 | of application therefor is
entitled to a refund of | ||||||
21 | contributions for widow's annuity or survivors
annuity | ||||||
22 | purposes, or both, as the case may be, including the increased | ||||||
23 | amounts paid pursuant to the increase in contribution rates for | ||||||
24 | widow or survivors annuity purposes under Section 14-133 by | ||||||
25 | this amendatory Act of the 95th General Assembly, without | ||||||
26 | interest. A widow's
annuity or survivors annuity shall not be |
| |||||||
| |||||||
1 | payable upon the death of a person
who has received this | ||||||
2 | refund, unless prior to that death the amount of the
refund has | ||||||
3 | been repaid to the System, together with regular interest from | ||||||
4 | the
date of the refund to the date of repayment.
| ||||||
5 | (d) Any member who has service credit in any position for | ||||||
6 | which an
alternative retirement annuity is provided and in | ||||||
7 | relation to which an
increase in the rate of employee | ||||||
8 | contribution is required, shall be
entitled to a refund, | ||||||
9 | without interest, of that part of the member's
employee | ||||||
10 | contribution which results from that increase in the employee
| ||||||
11 | rate if the member does not qualify for that alternative | ||||||
12 | retirement
annuity at the time of retirement.
| ||||||
13 | (Source: P.A. 93-839, eff. 7-30-04; 94-455, eff. 8-4-05.)
| ||||||
14 | (40 ILCS 5/14-133) (from Ch. 108 1/2, par. 14-133)
| ||||||
15 | Sec. 14-133. Contributions on behalf of members.
| ||||||
16 | (a) Each participating employee shall make contributions | ||||||
17 | to the System,
based on the employee's compensation, as | ||||||
18 | follows:
| ||||||
19 | (1) Covered employees, except as indicated below, 3.5% | ||||||
20 | for
retirement annuity, and 0.5% for a widow or survivors
| ||||||
21 | annuity . After July 1, 2008, the retirement contribution | ||||||
22 | for a covered employee is increased 0.6% if the Social | ||||||
23 | Security offset is removed from his or her widow's or | ||||||
24 | survivors annuity, thus making his or her total | ||||||
25 | contribution for that purpose 1.1%. ;
|
| |||||||
| |||||||
1 | (2) Noncovered employees, except as indicated below, | ||||||
2 | 7% for retirement
annuity and 1% for a widow or survivors | ||||||
3 | annuity . ;
| ||||||
4 | (3) Noncovered employees serving in a position in which | ||||||
5 | "eligible
creditable service" as defined in Section 14-110 | ||||||
6 | may be earned, 1% for a widow
or survivors annuity
plus the | ||||||
7 | following amount for retirement annuity: 8.5% through | ||||||
8 | December 31,
2001; 9.5% in 2002; 10.5% in 2003; and 11.5% | ||||||
9 | in 2004 and thereafter . ;
| ||||||
10 | (4) Covered employees serving in a position in which | ||||||
11 | "eligible creditable
service" as defined in Section 14-110 | ||||||
12 | may be earned, 0.5% for a widow or survivors annuity ,
plus | ||||||
13 | the following amount for retirement annuity: 5% through | ||||||
14 | December 31,
2001; 6% in 2002; 7% in 2003; and 8% in 2004 | ||||||
15 | and thereafter . After July 1, 2008, the retirement | ||||||
16 | contribution for a covered employee is increased 0.6% to | ||||||
17 | remove the Social Security offset from his or her widow's | ||||||
18 | or survivors annuity, thus making his or her total | ||||||
19 | contribution for that purpose 1.1%. ;
| ||||||
20 | (5) Each security employee of the Department of | ||||||
21 | Corrections
or of the Department of Human Services who is a | ||||||
22 | covered employee, 0.5% for a widow or survivors annuity ,
| ||||||
23 | plus the following amount for retirement annuity: 5% | ||||||
24 | through December 31,
2001; 6% in 2002; 7% in 2003; and 8% | ||||||
25 | in 2004 and thereafter . After July 1, 2008, the retirement | ||||||
26 | contribution for a covered employee is increased 0.6% to |
| |||||||
| |||||||
1 | remove the Social Security offset from his or her widow's | ||||||
2 | or survivors annuity, thus making his or her total | ||||||
3 | contribution for that purpose 1.1%. ;
| ||||||
4 | (6) Each security employee of the Department of | ||||||
5 | Corrections
or of the Department of Human Services who is | ||||||
6 | not a covered employee, 1% for a widow or survivors annuity
| ||||||
7 | plus the following amount for retirement annuity: 8.5% | ||||||
8 | through December 31,
2001; 9.5% in 2002; 10.5% in 2003; and | ||||||
9 | 11.5% in 2004 and thereafter.
| ||||||
10 | (b) Contributions shall be in the form of a deduction from
| ||||||
11 | compensation and shall be made notwithstanding that the | ||||||
12 | compensation
paid in cash to the employee shall be reduced | ||||||
13 | thereby below the minimum
prescribed by law or regulation. Each | ||||||
14 | member is deemed to consent and
agree to the deductions from | ||||||
15 | compensation provided for in this Article,
and shall receipt in | ||||||
16 | full for salary or compensation.
| ||||||
17 | (c) The increase in contributions by covered members for | ||||||
18 | widow or survivors annuity purposes provided by this amendatory | ||||||
19 | Act of the 95th General Assembly does not apply to persons who | ||||||
20 | first become members of the System on or after July 1, 2013, if | ||||||
21 | the new benefit increase created by this amendatory Act expires | ||||||
22 | in accordance with Section 14-152.1(d) and Section 14-152.2.
| ||||||
23 | (Source: P.A. 92-14, eff. 6-28-01.)
| ||||||
24 | (40 ILCS 5/14-152.2 new)
| ||||||
25 | Sec. 14-152.2. New benefit increases. The General Assembly |
| |||||||
| |||||||
1 | finds and declares that the amendment to Sections 14-119 and | ||||||
2 | 14-121 made by this amendatory Act of the 95th General | ||||||
3 | Assembly, which removes the social security offset from certain | ||||||
4 | widow's and survivors annuities beginning July 1, 2008, | ||||||
5 | constitutes a new benefit increase within the meaning of | ||||||
6 | Section 14-152.1. Funding for this new benefit increase will be | ||||||
7 | provided by the additional employee contributions made under | ||||||
8 | Section 14-133 by this amendatory Act. | ||||||
9 | Unless this new benefit increase is extended by the General | ||||||
10 | Assembly, it will expire on July 1, 2013. If this new benefit | ||||||
11 | increase expires: | ||||||
12 | (i) for persons who first become members of the System | ||||||
13 | on or after the July 1, 2013 expiration date (and their | ||||||
14 | widows and survivors), the social security offsets under | ||||||
15 | Section 14-119(d) and Section 14-121(g), as they existed | ||||||
16 | immediately prior to the effective date of this amendatory | ||||||
17 | Act, are reinstated, and the increase in contributions by | ||||||
18 | covered members for widow or survivors annuity purposes | ||||||
19 | under Section 14-133 does not apply; and | ||||||
20 | (ii) for persons who first become members of the System | ||||||
21 | before July 1, 2013 and made the required elective | ||||||
22 | contributions under Section 14-133 (and their widows and | ||||||
23 | survivors), the social security offsets under Section | ||||||
24 | 14-119(d) and Section 14-121(g) remain inapplicable after | ||||||
25 | July 1, 2008 and the increase in contributions by covered | ||||||
26 | members for widow or survivors annuity purposes under |
| |||||||
| |||||||
1 | Section 14-133 remains in effect.
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
|