94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1042

 

Introduced 02/03/05, by Rep. Jack D. Franks

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/16-143   from Ch. 108 1/2, par. 16-143

    Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that an eligible child may continue to receive benefits until age 23 (was, age 22) if he or she is a full-time student. Effective immediately.


LRB094 07872 AMC 38053 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1042 LRB094 07872 AMC 38053 b

1     AN ACT concerning public employee benefits.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Pension Code is amended by changing
5 Section 16-143 as follows:
 
6     (40 ILCS 5/16-143)  (from Ch. 108 1/2, par. 16-143)
7     Sec. 16-143. Survivors' benefits - other conditions and
8 limitations. The benefits provided under Sections 16-141 and
9 16-142, shall be subject to the following further conditions
10 and limitations:
11     (1) The period during which a member was in receipt of a
12 disability or occupational disability benefit shall be
13 considered as creditable service at the annual salary rate on
14 which the member last made contributions.
15     (2) All service prior to July 24, 1959, for which
16 creditable service is granted towards a retirement annuity
17 shall be considered as creditable service.
18     (3) No benefits shall be payable unless a member, or a
19 disabled member, returning to service, has made contributions
20 to the system for at least one month after July 24, 1959,
21 except that an annuitant must have contributed to the system
22 for at least 1 year of creditable service after July 24, 1959.
23     (4) Creditable service under the State Employees'
24 Retirement System of Illinois, the State Universities
25 Retirement System and the Public School Teachers' Pension and
26 Retirement Fund of Chicago shall be considered in determining
27 whether the member has met the creditable service requirement.
28     (5) If an eligible beneficiary qualifies for a survivors'
29 benefit because of pension credits established by the
30 participant or annuitant in another system covered by Article
31 20, and the combined survivors' benefits exceed the highest
32 survivors' benefit payable by either system based upon the

 

 

HB1042 - 2 - LRB094 07872 AMC 38053 b

1 combined pension credits, the survivors' benefit payable by
2 this system shall be reduced to that amount which when added to
3 the survivors' benefit payable by the other system would equal
4 this highest survivors' benefit. If the other system has a
5 similar provision for adjustment of the survivors' benefit, the
6 respective proportional survivors' benefits shall be reduced
7 proportionately according to the ratio which the amount of each
8 proportional survivors' benefit bears to the aggregate of all
9 proportional survivors' benefits. If a survivors' benefit is
10 payable by another system covered by Article 20, and the
11 survivor elects to waive the monthly survivors' benefit and
12 accept a lump sum payment or death benefit in lieu of the
13 monthly survivors' benefit, this system shall, for the purpose
14 of adjusting the monthly survivors' benefit under this
15 paragraph, assume that the survivor had been entitled to a
16 monthly survivors' benefit which, in accordance with actuarial
17 tables of this system, is the actuarial equivalent of the
18 amount of the lump sum payment or death benefit.
19     (6) Remarriage of a surviving spouse prior to attainment of
20 age 55 that occurs before the effective date of this amendatory
21 Act of the 91st General Assembly shall terminate his or her
22 survivors' benefits.
23     The change made to this item (6) by this amendatory Act of
24 the 91st General Assembly applies without regard to whether the
25 deceased member or annuitant was in service on or after the
26 effective date of this amendatory Act of the 91st General
27 Assembly.
28     (7) The benefits payable to an eligible child shall
29 terminate when the eligible child marries, dies, or attains age
30 18 (age 23 22 if a full-time student); except that benefits
31 payable to a dependent disabled eligible child shall terminate
32 only when the eligible child dies or ceases to be disabled.
33 (Source: P.A. 90-448, eff. 8-16-97; 91-887, eff. 7-6-00.)
 
34     Section 99. Effective date. This Act takes effect upon
35 becoming law.