SB2817 EnrolledLRB099 19804 RPS 44203 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 9-158, 9-166, and 9-179.2 and by adding Sections
69-108.3 and 9-241 as follows:
 
7    (40 ILCS 5/9-108.3 new)
8    Sec. 9-108.3. In service.
9    "In service": Any period during which contributions are
10being made to the Fund on behalf of an employee.
 
11    (40 ILCS 5/9-158)  (from Ch. 108 1/2, par. 9-158)
12    Sec. 9-158. Proof of disability, duty and ordinary. Proof
13of duty or ordinary disability shall be furnished to the board
14by at least one licensed and practicing physician appointed by
15the board, except that this requirement may be waived by the
16board for proof of duty disability if the employee has been
17compensated by the county for such disability or specific loss
18under the Workers' Compensation Act or Workers' Occupational
19Diseases Act. The physician requirement may also be waived by
20the board for ordinary disability maternity claims of up to 8
21weeks. With respect to duty disability, satisfactory proof must
22be provided to the board that the final adjudication of the

 

 

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1claim required under subsection (d) of Section 9-159
2established that the disability or death resulted from an
3injury incurred in the performance of an act or acts of duty.
4The board may require other evidence of disability. Each
5disabled employee who receives duty or ordinary disability
6benefit shall be examined at least once a year by one or more
7licensed and practicing physicians appointed by the board. When
8the disability ceases, the board shall discontinue payment of
9the benefit and the employee shall be returned to active
10service.
11(Source: P.A. 95-1036, eff. 2-17-09.)
 
12    (40 ILCS 5/9-166)  (from Ch. 108 1/2, par. 9-166)
13    Sec. 9-166. Refunds - When paid to beneficiary, children or
14estate. Whenever the total amount accumulated to the account of
15a deceased employee from employee contributions for annuity
16purposes, and from employee contributions applied to any county
17pension fund superseded by this fund, have not been paid to
18him, and in the case of a married male employee to the employee
19and his widow together, in form of annuity or refund before the
20death of the last of such persons, a refund shall be payable as
21follows:
22    An amount equal to the excess of such amounts over the
23amounts paid on any annuity or annuities or refund, without
24interest upon either of such amounts, shall be refunded to a
25beneficiary theretofore designated by the employee in writing,

 

 

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1signed by him before an officer authorized to administer oaths,
2and filed with the board before the employee's death.
3    If there is no designated beneficiary or the beneficiary
4does not survive the employee, the amount shall be refunded to
5the employee's children, in equal parts with the children of a
6deceased child taking the share of their parent. If there is no
7designated beneficiary or children, the refund shall be paid to
8the administrator or executor of the employee's estate.
9    If an administrator or executor of the estate has not been
10appointed within 90 days from the date the refund became
11payable the refund may be applied in the discretion of the
12board toward the payment of the employee's burial expenses. Any
13remaining balance shall be paid to the heirs of the employee
14according to the law of descent and distribution of this state
15but assuming for the purpose of such payment of refund and
16determination of heirs that the deceased male employee left no
17widow surviving in those cases where a widow eligible for
18widow's annuity as his widow survived him and subsequently
19died; provided,
20        (a) that if any child or children of the employee are
21    less than age 18, such part or all of any such amount
22    necessary to pay annuities to them shall not be refunded as
23    hereinbefore stated; and provided further,
24        (b) that if a reversionary annuity becomes payable as
25    provided in Section 9-135 such refund shall not be paid
26    until the death of the reversionary annuitant, and the

 

 

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1    refund otherwise payable under this section shall then
2    first further be reduced by the total amount of the
3    reversionary annuity paid.
4(Source: P.A. 95-369, eff. 8-23-07.)
 
5    (40 ILCS 5/9-179.2)  (from Ch. 108 1/2, par. 9-179.2)
6    Sec. 9-179.2. Other governmental service-Former County
7Service. Any employee who first becomes a contributor before
8the effective date of this amendatory Act of the 99th General
9Assembly, who has rendered service to any "governmental unit"
10as such term is defined in the "Retirement Systems Reciprocal
11Act" under Article 20 of the Illinois Pension Code, who did not
12contribute to the retirement system of such "governmental
13unit", including the retirement system created by this Article
149 of the Illinois Pension code, for such service because of
15ineligibility for participation and has no equity or rights in
16such retirement system because of such service shall be given
17credit for such service in this fund, provided:
18    (a) The employee shall pay to this fund, while in the
19service of such county, or while in the service of a
20governmental unit whose retirement system has adopted the
21"Retirement Systems Reciprocal Act", such amounts, including
22interest at the effective rate, as he would have paid to this
23fund, on the basis of his salary in effect during the service
24rendered to such other "governmental unit" at the rates
25prescribed in this Article 9 for the periods of such service to

 

 

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1the end that such service shall be considered as service
2rendered to such county, with all the rights and conditions
3attaching to such service and payments; and (b) this Section
4shall not be applicable to any period of such service for which
5the employee retains credit in any other public annuity and
6benefit fund established by Act of the Legislature of this
7State and in operation for employees of such other
8"governmental unit" from which such employee was transferred.
9(Source: P.A. 90-655, eff. 7-30-98.)
 
10    (40 ILCS 5/9-241 new)
11    Sec. 9-241. Mistake in benefit. If the Fund mistakenly sets
12any benefit at an incorrect amount, it shall recalculate the
13benefit as soon as may be practicable after the mistake is
14discovered.
15    If the benefit was mistakenly set too low, the Fund shall
16make a lump sum payment to the recipient of an amount equal to
17the difference between the benefits that should have been paid
18and those actually paid, without interest.
19    If the benefit was mistakenly set too high, the Fund may
20recover the amount overpaid from the recipient thereof, either
21directly or by deducting such amount from the remaining
22benefits payable to the recipient, without interest. If the
23overpayment is recovered by deductions from the remaining
24benefits payable to the recipient, the monthly deduction shall
25not exceed 10% of the corrected monthly benefit unless

 

 

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1otherwise indicated by the recipient. However, if (1) the
2amount of the benefit was mistakenly set too high, and (2) the
3error was undiscovered for 3 years or longer, and (3) the error
4was not the result of incorrect information supplied by the
5employer, the affected participant, or any beneficiary, then
6upon discovery of the mistake the benefit shall be adjusted to
7the correct level, but the recipient of the benefit need not
8repay to the Fund the excess amounts received in error.
9    This Section applies to all mistakes in benefit
10calculations that occur before, on, or after the effective date
11of this amendatory Act of the 99th General Assembly.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.