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Sen. Kwame Raoul
Filed: 3/11/2008
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LRB095 14944 AMC 48024 a |
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| AMENDMENT TO SENATE BILL 1985
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| AMENDMENT NO. ______. Amend Senate Bill 1985 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Pension Code is amended by |
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| changing Section 14-119 as follows:
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| (40 ILCS 5/14-119) (from Ch. 108 1/2, par. 14-119)
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| Sec. 14-119. Amount of widow's annuity.
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| (a) The The widow's annuity shall be 50% of the amount of |
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| retirement annuity
payable to the member on the date of death |
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| while on retirement if an
annuitant, or on the date of his |
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| death while in service if an employee,
regardless of his age on |
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| such date, or on the date of withdrawal if death
occurred after |
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| termination of service under the conditions prescribed in
the |
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| preceding Section.
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| (b) If an eligible widow, regardless of age, has in her |
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| care any
unmarried child or children of the member under age 18 |
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LRB095 14944 AMC 48024 a |
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| (under age 22 if a
full-time student), the widow's
annuity |
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| shall be increased in the amount of 5% of the retirement |
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| annuity
for each such child, but the combined payments for a |
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| widow and
children shall not exceed 66 2/3% of the member's |
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| earned
retirement annuity.
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| The amount of retirement annuity from which the widow's
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| annuity is derived shall be that earned by the member without |
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| regard to
whether he attained age 60 prior to his withdrawal |
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| under the conditions
stated or prior to his death.
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| (c) Marriage of a child shall render the child ineligible |
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| for further
consideration in the increase in the amount of the |
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| widow's annuity.
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| Attainment of age 18 (age 22 if a full-time student)
shall |
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| render a child ineligible for
further consideration in the |
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| increase of the widow's annuity, but the
annuity to the widow |
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| shall be continued thereafter, without regard to
her age at |
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| that time.
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| (d) A widow's annuity payable on account of any covered |
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| employee who
shall have been a covered employee for at least 18 |
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| months shall be reduced
by 1/2 of the amount of survivors |
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| benefits to which his beneficiaries are
eligible under the |
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| provisions of the Federal Social Security Act, except
that (1) |
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| the amount of any widow's annuity payable under this Article |
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| shall
not be reduced by reason of any increase under that Act |
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| which occurs after
the offset required by this subsection is |
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| first applied to that annuity,
and (2) for benefits granted on |
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LRB095 14944 AMC 48024 a |
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| or after January 1, 1992, the offset under
this subsection (d) |
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| shall not exceed 50% of the amount of widow's annuity
otherwise |
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| payable.
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| (e) Upon the death of a recipient of a widow's annuity the |
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| excess, if
any, of the member's accumulated contributions plus |
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| credited interest over
all annuity payments to the member and |
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| widow, exclusive of the $500 lump
sum payment, shall be paid to |
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| the named beneficiary of the widow, or if
none has been named, |
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| to the estate of the widow, provided no reversionary
annuity is |
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| payable.
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| (f) On January 1, 1981, any recipient of a widow's annuity |
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| who was receiving
a widow's annuity on or before January 1, |
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| 1971, shall have her widow's annuity
then being paid increased |
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| by 1% for each full year which has elapsed from
the date the |
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| widow's annuity began. On January 1, 1982, any recipient
of a |
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| widow's annuity who began receiving a widow's annuity after |
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| January
1, 1971, but before January 1, 1981, shall have her |
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| widow's annuity then
being paid increased by 1% for each full |
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| year which has elapsed from the
date the widow's annuity began. |
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| On January 1, 1987, any recipient of a
widow's annuity who |
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| began receiving the widow's annuity on or before January
1, |
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| 1977, shall have the monthly widow's annuity increased by $1
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| for each full year which has elapsed since the date the
annuity |
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| began.
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| (g) Beginning January 1, 1990, every widow's annuity shall |
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| be
increased (1) on each January 1 occurring on or after the |
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LRB095 14944 AMC 48024 a |
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| commencement
of the annuity if the deceased member died while |
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| receiving a retirement
annuity, or (2) in other cases, on each |
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| January 1 occurring on or after
the first anniversary of the |
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| commencement of the annuity, by an amount
equal to 3% of the |
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| current amount of the annuity, including any previous
increases |
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| under this Article. Such increases shall apply without regard |
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| to
whether the deceased member was in service on or after the |
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| effective date
of Public Act 86-1488, but shall not accrue for |
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| any period prior to January
1, 1990.
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| (Source: P.A. 95-279, eff. 1-1-08.)".
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