Full Text of HB2379 94th General Assembly
HB2379enr 94TH GENERAL ASSEMBLY
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HB2379 Enrolled |
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LRB094 10173 AMC 40439 b |
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| AN ACT in relation to public employee benefits.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections
13-301, 13-302, 13-305, 13-306, 13-308, 13-309, | 6 |
| 13-310, 13-314, 13-402, 13-403, 13-502, 13-601, 13-603, and | 7 |
| 13-706 as follows:
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| (40 ILCS 5/13-301) (from Ch. 108 1/2, par. 13-301)
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| 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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| (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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| (b) Withdrawal on or after attainment of minimum retirement
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| qualifications and prior to
age 60.
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| (1) Any employee, upon withdrawal from service on or
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| 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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| retirement annuity as of the date of withdrawal or, at the | 25 |
| option of the
employee, at any time thereafter.
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| (2) Any employee who withdraws on or after
attainment | 27 |
| of age 55 (age 50 if the employee first entered service
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| before June 13, 1997)
and prior to age 60 having at least 5 | 29 |
| years but less than 10 years of service
is entitled to a | 30 |
| retirement annuity upon attainment of age 62, subject to | 31 |
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other requirements of this Article.
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| (3) Any employee who withdraws from service on or after
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| attainment
of age 50 but prior to age 60 and is eligible | 2 |
| for early retirement without
discount
under the Rule of 80 | 3 |
| as provided in subsection (c) of Section 13-302 is
entitled
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| to a
retirement annuity at the time of withdrawal.
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| (c) Withdrawal prior to minimum retirement age. Any | 6 |
| employee,
upon withdrawal from service prior to age 55 (age 50 | 7 |
| if the employee
first entered service before June 13,
1997) and | 8 |
| having at least 10 years of service, shall become entitled to a
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| retirement annuity upon attainment of age 55 (age 50 if the | 10 |
| employee
first entered service before June 13,
1997) or, at the | 11 |
| option of the employee, at any time thereafter, subject to
the | 12 |
| other requirements of this Article.
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| (d) Withdrawal while disabled. Any employee having at least | 14 |
| 5 years of
service who has received ordinary disability | 15 |
| benefits on or after January
1, 1986 for the maximum period of | 16 |
| time hereinafter prescribed, and who
continues to be disabled | 17 |
| and withdraws from service, shall be entitled to a
retirement | 18 |
| annuity. In the case of an employee who enters service after
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| the effective date of this amendatory Act of the 94th General | 20 |
| Assembly, the
required 5 years of service is exclusive of | 21 |
| service credit described in
Section 13-313. The age and service | 22 |
| conditions as to eligibility for
such annuity shall be waived | 23 |
| as to the employee, but the early retirement
discount under | 24 |
| Section 13-302(b) shall apply. If the employee is under age
55 | 25 |
| on the date of withdrawal, the retirement annuity shall be | 26 |
| computed by
assuming that the employee is then age 55 and then | 27 |
| reduced to its actuarial
equivalent at his attained age on that | 28 |
| date according to applicable
mortality tables and interest | 29 |
| rates. The retirement annuity shall not be
payable for any | 30 |
| period prior to the employee's attainment of age 55 during
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| which the employee is able to return to gainful employment.
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| Upon the employee's death while in
receipt of a retirement | 33 |
| annuity, a surviving spouse or minor children shall
be entitled | 34 |
| to receive a surviving spouse's annuity or child's annuity
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| subject to the conditions hereinafter prescribed in Sections | 36 |
| 13-305 through
13-308.
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| (Source: P.A. 92-599, eff. 6-28-02.)
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| (40 ILCS 5/13-302) (from Ch. 108 1/2, par. 13-302)
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| Sec. 13-302. Computation of retirement annuity.
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| (a) Computation of annuity. An employee who withdraws from | 5 |
| service on
or after July 1, 1989 and who has met the age and | 6 |
| service requirements and
other conditions for eligibility set | 7 |
| forth in Section 13-301 of this
Article is entitled to receive | 8 |
| a retirement annuity for life equal to 2.2%
of average final | 9 |
| salary for each of the first 20 years of service, and 2.4%
of | 10 |
| average final salary for each year of service in excess of 20. | 11 |
| The
retirement annuity shall not exceed 80% of average final | 12 |
| salary.
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| (b) Early retirement discount. If an employee retires prior | 14 |
| to
attainment of age 60 with less than 30 years of service, the | 15 |
| annuity
computed above shall be reduced by 1/2 of 1% for each | 16 |
| full month between
the date the annuity begins and attainment | 17 |
| of age 60, or each full month by
which the employee's service | 18 |
| is less than 30 years, whichever is less.
However, where the | 19 |
| employee first enters service after June 13, 1997 and does not | 20 |
| have at least 10
years of service exclusive of credit under | 21 |
| Article 20, the annuity computed
above shall be reduced by 1/2 | 22 |
| of 1% for each full month between the date the
annuity begins | 23 |
| and attainment of age 60.
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| (c) Rule of 80 - Early retirement without discount. For an | 25 |
| employee
who
retires on or after January 1, 2003 but on or | 26 |
| before December 31, 2007, if the
employee is eligible for a | 27 |
| retirement annuity under Section 13-301 and has at
least
10 | 28 |
| years of service exclusive of credit under Article 20 and if at | 29 |
| the date of
withdrawal the employee's age when added to the | 30 |
| number of years of his or her
creditable
service equals at | 31 |
| least 80, the early retirement discount in subsection (b) of
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| this
Section does not apply. For purposes of this Rule of 80, | 33 |
| portions of years
shall be
considered in whole months.
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| An employee who has terminated employment with the employer | 35 |
| under this
Article prior to the effective date of this |
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| amendatory Act of the 92nd General
Assembly and subsequently | 2 |
| re-enters service must remain in service with the
employer | 3 |
| under this Article for at least 2 years after re-entry during | 4 |
| the
period
beginning on January 1, 2003 and ending on December | 5 |
| 31, 2007 to be entitled to
early retirement without discount | 6 |
| under this subsection (c).
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| In the case of an employee who retires under the terms of | 8 |
| Article 20,
eligibility
for early retirement without discount | 9 |
| under this subsection (c) shall be based
upon
the employee's | 10 |
| age and service credit at the time of withdrawal from the final
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| fund.
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| (c-1) Early retirement without discount; retirement after | 13 |
| June 29,
1997 and before January 1, 2003. An employee
who (i) | 14 |
| has attained age 55 (age 50 if the employee
first entered | 15 |
| service before June 13, 1997), (ii) has at least 10 years of
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| service exclusive
of credit under Article 20, (iii) retires | 17 |
| after June 29, 1997 and before
January 1, 2003, and (iv) | 18 |
| retires within 6 months of the last day for which
retirement | 19 |
| contributions were required, may elect at the time of | 20 |
| application to
make a one-time employee
contribution to the | 21 |
| Fund and thereby avoid the early retirement reduction
specified | 22 |
| in subsection (b). The exercise of the election shall also | 23 |
| obligate
the employer to make a one-time nonrefundable | 24 |
| contribution to the Fund.
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| The one-time employee and employer contributions shall be a | 26 |
| percentage
of the retiring employee's highest full-time annual | 27 |
| salary, calculated as the
total amount of salary included in | 28 |
| the highest 26 consecutive pay periods as
used in the average | 29 |
| final salary calculation, and based on the employee's age
and | 30 |
| service at retirement. The employee rate shall be 7% multiplied | 31 |
| by the
lesser of the following 2 numbers: (1) the number of | 32 |
| years, or portion thereof,
that the employee is less than age | 33 |
| 60; or (2) the number of years, or portion
thereof, that the | 34 |
| employee's service is less than 30 years. The employer
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| contribution shall be at the rate of 20% for each year, or | 36 |
| portion thereof,
that the participant is less than age 60.
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| Upon receipt of the application, the Board shall determine | 2 |
| the corresponding
employee and employer contributions. The | 3 |
| annuity shall not be payable
under this subsection until both | 4 |
| the required contributions have been received
by the Fund. | 5 |
| However, the date the contributions are received shall
not be | 6 |
| considered in determining the effective date of retirement.
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| The number of employees who may retire under this Section | 8 |
| in any year may
be limited at the option of the District to a | 9 |
| specified percentage of those
eligible, not lower than 30%, | 10 |
| with the right to participate to be allocated
among those | 11 |
| applying on the basis of seniority in the service of the | 12 |
| employer.
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| An employee who has terminated employment and subsequently | 14 |
| re-enters
service shall not be entitled to early retirement | 15 |
| without discount under
this subsection unless the employee | 16 |
| continues in service for at least 4
years after re-entry.
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| (d) Annual increase. Except for employees retiring and | 18 |
| receiving a term
annuity, an employee who retires on or after | 19 |
| July 1, 1985 but before July 12,
2001, shall,
upon the first | 20 |
| payment date following the first anniversary of the date of
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| retirement, have the monthly annuity increased by 3% of the | 22 |
| amount of the
monthly annuity fixed at the date of retirement.
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| Except for employees retiring and receiving a term annuity, an | 24 |
| employee who
retires on or after July 12, 2001 shall, on the | 25 |
| first day of the month in which the first
anniversary of the | 26 |
| date of retirement occurs, have the monthly annuity
increased | 27 |
| by 3% of the amount of the monthly annuity fixed at the date of
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| retirement.
The monthly annuity shall be increased by an | 29 |
| additional 3% on the same date
each year thereafter. Beginning | 30 |
| January 1, 1993, all annual increases payable
under this | 31 |
| subsection (or any predecessor provision, regardless of the | 32 |
| date
of retirement) shall be calculated at the rate of 3% of | 33 |
| the monthly annuity
payable at the time of the increase, | 34 |
| including any increases previously granted
under this Article.
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| Any employee who (i) retired before July 1, 1985 with at | 36 |
| least 10 years of
creditable service, (ii) is receiving a |
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| retirement annuity under this Article,
other than a term | 2 |
| annuity, and (iii) has not received any annual increase under
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| this subsection, shall begin receiving the annual increases | 4 |
| provided under this
subsection (d) beginning on the next | 5 |
| annuity payment date following June
13, 1997.
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| (e) Minimum retirement annuity. Beginning January 1, 1993, | 7 |
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minimum monthly retirement annuity shall be $500 for any | 8 |
| annuitant having
at least 10 years of service under this | 9 |
| Article, other than a term
annuitant or an annuitant who began | 10 |
| receiving the annuity before attaining
age 60. Any such | 11 |
| annuitant who is receiving a monthly annuity of less than
$500 | 12 |
| shall have the annuity increased to $500 on that date.
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| Beginning January 1, 1993, the minimum monthly retirement | 14 |
| annuity shall
be $250 for any annuitant (other than a term or | 15 |
| reciprocal annuitant or an
annuitant under subsection (d) of | 16 |
| Section 13-301) having less than 10 years
of service under this | 17 |
| Article, and for any annuitant (other than a term
annuitant) | 18 |
| having at least 10 years of service under this Article who | 19 |
| began
receiving the annuity before attaining age 60. Any such | 20 |
| annuitant who is
receiving a monthly annuity of less than $250 | 21 |
| shall have the annuity
increased to $250 on that date.
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| Beginning August 1, 2001
on the first day of the month | 23 |
| following the
month in which this amendatory Act of the 92nd | 24 |
| General Assembly takes effect
(and without regard to whether | 25 |
| the annuitant was in service on or after that
effective date), | 26 |
| the
minimum monthly retirement annuity for any annuitant having | 27 |
| at least 10 years
of service, other than an annuitant whose | 28 |
| annuity is subject to an early
retirement discount, shall be | 29 |
| $500 plus $25 for each year of service in excess
of 10, not to | 30 |
| exceed $750 for an annuitant with 20 or more years of service.
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| In the case of a reciprocal annuity, this minimum shall apply | 32 |
| only if the
annuitant has at least 10 years of service under | 33 |
| this Article, and the amount
of the minimum annuity shall be | 34 |
| reduced by the sum of all the reciprocal
annuities payable to | 35 |
| the annuitant by other participating systems under Article
20 | 36 |
| of this Code.
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| Notwithstanding any other provision of this subsection, | 2 |
| beginning on the
first annuity payment date following July 12, | 3 |
| 2001, an employee who retired
before August 23, 1989
with at | 4 |
| least 10 years of service under this Article but before | 5 |
| attaining age
60 (regardless of whether the retirement annuity | 6 |
| was subject to an early
retirement discount) shall be entitled | 7 |
| to the same minimum monthly retirement
annuity under this | 8 |
| subsection as an employee who retired with at least 10
years of | 9 |
| service under this Article and after attaining age 60.
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| Notwithstanding any other provision of this subsection, | 11 |
| beginning on the
first day of the month following the month in | 12 |
| which this amendatory Act of the
94th General Assembly takes | 13 |
| effect (and without regard to whether the annuitant
was in | 14 |
| service on or after that effective date), an employee who | 15 |
| retired on or
after August 23, 1989 with at least 10 years of | 16 |
| service under this Article but
before attaining age 60 | 17 |
| (regardless of whether the retirement annuity was
subject to an | 18 |
| early retirement discount), except for an employee who is | 19 |
| eligible for an annuity under Section 13-301(d), shall be | 20 |
| entitled to the same minimum
monthly retirement annuity under | 21 |
| this subsection as an employee who retired
with at least 10 | 22 |
| years of service under this Article and after attaining age
60.
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| (Source: P.A. 92-53, eff. 7-12-01; 92-599, eff. 6-28-02.)
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| (40 ILCS 5/13-305) (from Ch. 108 1/2, par. 13-305)
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| Sec. 13-305. Surviving spouse's annuity; eligibility. A | 26 |
| surviving spouse
who was married to an employee on the date of | 27 |
| the employee's death
while in service, or was married to an | 28 |
| employee on the date of withdrawal from
service and remained | 29 |
| married to that employee until the employee's
death, shall be | 30 |
| entitled to a surviving spouse's annuity payable for
life. | 31 |
| However, the annuity shall not be payable to the surviving | 32 |
| spouse of (1)
an employee who withdraws from service
before | 33 |
| attaining the minimum retirement age unless the deceased | 34 |
| employee had at least
55 with less than 10 years of service, or | 35 |
| at least
less than 5
years of service if the employee was |
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LRB094 10173 AMC 40439 b |
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| eligible for an annuity upon attainment of age 62 pursuant to | 2 |
| Section 13-301(b) or had been receiving a retirement annuity
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| pursuant to Section
13-301(d), or (2) an employee not described | 4 |
| in item (1) who first enters
service on or after the effective | 5 |
| date of this amendatory Act of 1997 and who
has been employed | 6 |
| as an employee for (i) less than 36 months from the date of
the | 7 |
| employee's original entry into service or (ii) less than 12 | 8 |
| months from the
employee's date of latest re-entry into | 9 |
| service; except as otherwise provided
in Section 13-306(a) for | 10 |
| an employee whose death arises out of or in the course
of the | 11 |
| employee's service to the employer.
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| A dissolution of marriage after retirement shall not divest | 13 |
| the
employee's spouse of the entitlement to a surviving | 14 |
| spouse's annuity upon
the subsequent death of the employee, | 15 |
| provided that the surviving spouse
and the deceased employee | 16 |
| had been married to each other for a period of
not less than 10 | 17 |
| continuous years on the date of retirement.
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| (Source: P.A. 90-12, eff. 6-13-97.)
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| (40 ILCS 5/13-306) (from Ch. 108 1/2, par. 13-306)
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| Sec. 13-306. Computation of surviving spouse's annuity.
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| (a) Computation of the annuity. The surviving spouse's | 22 |
| annuity shall be
equal to 60% of the retirement annuity earned | 23 |
| and accrued to the
credit of the deceased employee, whether | 24 |
| death occurs while in service or
after withdrawal, plus 1% for | 25 |
| each year of total service of the employee to
a maximum of 85%; | 26 |
| provided, however, that if the employee's death arises
out of | 27 |
| and in the course of the employee's service to the employer and | 28 |
| is
compensable under either the Illinois Workers' Compensation | 29 |
| Act or Illinois
Workers' Occupational Diseases Act, the | 30 |
| surviving spouse's annuity is payable
regardless of the | 31 |
| employee's length of service and shall be
not less than 50% of | 32 |
| the employee's salary at the date of death.
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| For any death in service the early retirement discount | 34 |
| required under
Section 13-302(b) shall not be applied in | 35 |
| computing the retirement annuity
upon which is based the |
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| surviving spouse's annuity.
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| For any death after withdrawal and prior to application for | 3 |
| annuity benefits, the early retirement discount required under | 4 |
| Section 13-302(b) shall be applied in computing the retirement | 5 |
| annuity upon which the surviving spouse's annuity is based. The | 6 |
| maximum age discount applied to the employee's retirement | 7 |
| annuity shall not exceed 60%.
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| Further, the annuity for a surviving spouse of a withdrawn | 9 |
| employee who was eligible for an annuity upon attainment of age | 10 |
| 62 pursuant to Section 13-301(b) but who died prior to age 60 | 11 |
| shall be based upon an employee annuity that has been reduced | 12 |
| by 1/2% for each full month between the date the surviving | 13 |
| spouse's annuity begins and the employee's attainment of age | 14 |
| 60.
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| (b) Reciprocal service. For any employee or annuitant who | 16 |
| retires on or
after July 1, 1985 and whose death occurs after | 17 |
| January 1, 1991, having
at least 15 years of service with the | 18 |
| employer under this Article, and
who was eligible at the time | 19 |
| of death or elected at the time of retirement
to have his or | 20 |
| her retirement annuity calculated as provided in Section 20-131
| 21 |
| of this Code, the surviving spouse benefit shall be calculated | 22 |
| as of the
date of the employee's death as indicated in | 23 |
| subsection
(a) as a percentage of the employee's total benefit | 24 |
| as if all service had
been with the employer. That benefit | 25 |
| shall then be reduced by
the amounts payable by each of the | 26 |
| reciprocal funds as of the date of death
so that the total | 27 |
| surviving spouse benefit at that date will be equal to
the | 28 |
| benefit which would have been payable had all service been with | 29 |
| the
employer under this Article.
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| (c) Discount for age differential. The annuity for a | 31 |
| surviving spouse
shall be discounted by 0.25% for each full | 32 |
| month that the spouse is younger
than the employee as of the | 33 |
| date of withdrawal from service or death in service
to a | 34 |
| maximum discount of 60% of the surviving spouse annuity as | 35 |
| calculated
under subsections (a), (b), and (e) of this Section. | 36 |
| The discount shall be
reduced by 10% for each full
year the |
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| marriage has been in continuous effect as of the date of
| 2 |
| withdrawal or death in service. There shall be no discount if | 3 |
| the marriage has
been in continuous effect for 10 full years or | 4 |
| more at the
time of withdrawal or death in service.
| 5 |
| (d) Annual increase. Effective August 23, 1989, on the | 6 |
| first day of
each calendar month in which
there occurs an | 7 |
| anniversary of the employee's date of retirement or date of
| 8 |
| death, whichever occurred first, the surviving spouse's | 9 |
| annuity, other than a
term annuity under Section 13-307, shall | 10 |
| be increased by an amount equal to 3%
of the amount of the | 11 |
| annuity. Beginning January 1, 1993, all annual increases
| 12 |
| payable under this subsection (or any predecessor provision of | 13 |
| this
Article) shall be calculated at the rate of 3% of the | 14 |
| monthly annuity payable
at the time of the increase, including | 15 |
| any increases previously granted under
this Article.
| 16 |
| Beginning January 1, 1993, surviving spouse annuitants | 17 |
| whose deceased
spouse died, retired or withdrew from service | 18 |
| before August 23, 1989 with
at least 10 years of service under | 19 |
| this Article shall be eligible for the
annual increases | 20 |
| provided under this subsection.
| 21 |
| (e) Minimum surviving spouse's annuity.
| 22 |
| (1) Beginning January 1, 1993, the
minimum monthly | 23 |
| surviving spouse's annuity shall be $500 for any annuitant
| 24 |
| whose deceased spouse had at least 10 years of service | 25 |
| under this Article,
other than a surviving spouse who is a | 26 |
| term annuitant or whose deceased
spouse began receiving a | 27 |
| retirement annuity under this Article before
attainment of | 28 |
| age 60. Any such surviving spouse annuitant who is | 29 |
| receiving
a monthly annuity of less than $500 shall have | 30 |
| the annuity increased to $500 on
that date.
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| Beginning January 1, 1993, the minimum monthly | 32 |
| surviving spouse's annuity
shall be $250 for any annuitant | 33 |
| (other than a term or reciprocal annuitant
or an annuitant | 34 |
| survivor under subsection (d) of Section 13-301) whose
| 35 |
| deceased spouse had less than 10 years of service under | 36 |
| this Article, and
for any annuitant (other than a term |
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| annuitant) whose deceased spouse had
at least 10 years of | 2 |
| service under this Article and began receiving a
retirement | 3 |
| annuity under this Article before attainment of age 60. Any
| 4 |
| such surviving spouse annuitant who is receiving a monthly | 5 |
| annuity of less
than $250 shall have the annuity increased | 6 |
| to $250 on that date.
| 7 |
| (2) Beginning August 1, 2001
on the first day of the | 8 |
| month following
the month in which
this amendatory Act of | 9 |
| the 92nd General Assembly takes effect (and without
regard | 10 |
| to whether the
deceased spouse was in service on or after | 11 |
| that effective date), the
minimum
monthly surviving | 12 |
| spouse's annuity for any annuitant whose deceased spouse | 13 |
| had
at least 10 years of service shall be the greater of | 14 |
| the following:
| 15 |
| (A) An amount equal to $500, plus $25 for each year | 16 |
| of the deceased
spouse's service in excess of 10, not | 17 |
| to exceed $750 for an annuitant whose
deceased spouse | 18 |
| had 20 or more years of service. This subdivision (A) | 19 |
| is not
applicable if the deceased spouse received a | 20 |
| retirement annuity that was
subject to an early | 21 |
| retirement discount.
| 22 |
| (B) An amount equal to (i) 50% of the retirement | 23 |
| annuity earned and
accrued to the credit of the | 24 |
| deceased spouse at the time of death, plus (ii)
the | 25 |
| amount of any annual increases applicable to the | 26 |
| surviving spouse's
annuity (including the amount of | 27 |
| any reversionary annuity) under
subsection (d) before | 28 |
| July 12, 2001
the effective date of this amendatory
Act | 29 |
| of the 92nd
General Assembly .
In any case in which a | 30 |
| refund of excess contributions for the surviving
| 31 |
| spouse annuity has been paid by the Fund and the | 32 |
| surviving spouse annuity is
increased due to the | 33 |
| application of this subdivision (B), the amount of that
| 34 |
| refund shall be recovered by the Fund as an offset | 35 |
| against the amount of the
increase in annuity arising | 36 |
| from the application of this subdivision (B).
|
|
|
|
HB2379 Enrolled |
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LRB094 10173 AMC 40439 b |
|
| 1 |
| In the case of a reciprocal annuity, the minimum | 2 |
| annuity calculated under
this subdivision (e)(2) shall | 3 |
| apply only if the deceased spouse of the
annuitant had | 4 |
| at least 10 years of service under this Article, and | 5 |
| the amount
of the minimum annuity shall be reduced by | 6 |
| the sum of all the reciprocal
annuities payable to the | 7 |
| annuitant by other participating systems under Article
| 8 |
| 20 of this Code.
| 9 |
| The minimum annuity calculated under this | 10 |
| subdivision (e)(2) is in
addition
to the amount of any | 11 |
| reversionary annuity that may be payable.
| 12 |
| (3) Beginning August 1, 2001
on the first day of the | 13 |
| month following
the month in which
this amendatory Act of | 14 |
| the 92nd General Assembly takes effect (and without
regard | 15 |
| to whether the deceased spouse was in service on or after | 16 |
| that
effective
date), any surviving spouse who is receiving | 17 |
| a term annuity under Section
13-307 or any predecessor | 18 |
| provision of this Article may have that term annuity
| 19 |
| recalculated and converted to a minimum surviving spouse | 20 |
| annuity under this
subsection (e).
| 21 |
| (4) Notwithstanding any other provision of this | 22 |
| subsection, beginning
August 1, 2001
on
the first annuity | 23 |
| payment date following the effective date of this | 24 |
| amendatory
Act of the 92nd General Assembly , an annuitant | 25 |
| whose deceased spouse retired
before August 23, 1989 with | 26 |
| at least 10 years of service under this Article but
before | 27 |
| attaining age 60 (regardless of whether the retirement | 28 |
| annuity was
subject to an early retirement discount) shall | 29 |
| be entitled to the same minimum
monthly surviving spouse's | 30 |
| annuity under this subsection as an annuitant whose
| 31 |
| deceased spouse retired with at least 10 years of service | 32 |
| under this Article
and after attaining age 60. Further | 33 |
| notwithstanding any other provision of
this subsection, | 34 |
| beginning on the first day of the month following the month
| 35 |
| in which this amendatory Act of the 94th General Assembly | 36 |
| takes effect, an
annuitant whose deceased spouse retired on |
|
|
|
HB2379 Enrolled |
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LRB094 10173 AMC 40439 b |
|
| 1 |
| or after August 23, 1989 with at
least 10 years of service | 2 |
| under this Article but before attaining age 60
(regardless | 3 |
| of whether the retirement annuity was subject to an early
| 4 |
| retirement discount) shall be entitled to the same minimum | 5 |
| monthly surviving
spouse's annuity under this subsection | 6 |
| as an annuitant whose deceased spouse
retired with at least | 7 |
| 10 years of service under this Article and after
attaining | 8 |
| age 60.
| 9 |
| (5) The minimum annuity provided under this subsection | 10 |
| (e) shall be
subject to the age discount provided under | 11 |
| subsection (c) of this Section.
| 12 |
| (Source: P.A. 92-53, eff. 7-12-01.)
| 13 |
| (40 ILCS 5/13-308) (from Ch. 108 1/2, par. 13-308)
| 14 |
| Sec. 13-308. Child's annuity.
| 15 |
| (a) Eligibility. A child's annuity shall be provided for | 16 |
| each unmarried
child under the age of 18 years (under the age | 17 |
| of 23 years in the case of a full-time student) whose employee
| 18 |
| parent dies while in service, or whose deceased parent is an | 19 |
| annuitant or
former employee with at least 10 years of | 20 |
| creditable service who did not take a
refund of employee | 21 |
| contributions. Eligibility for benefits to unmarried children | 22 |
| over the age of 18 but under the age of 23 begins no earlier | 23 |
| than the first day of the month following the month in which | 24 |
| this amendatory Act of the 94th General Assembly takes effect.
| 25 |
| For purposes of this Section, "employee" includes a former | 26 |
| employee, and
"child" means the issue of an employee, or a | 27 |
| child adopted by an employee if
the proceedings for adoption | 28 |
| were instituted at least one year prior to the
employee's | 29 |
| death.
| 30 |
| Payments shall cease when a child attains the age of 18 | 31 |
| years (age of 23 years in the case of a full-time student) or | 32 |
| marries,
whichever first occurs. The annuity shall not be | 33 |
| payable unless the employee
has been employed as an employee | 34 |
| for at
least 36 months from the date of the employee's original
| 35 |
| entry into service (at least 24 months in the case of an |
|
|
|
HB2379 Enrolled |
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LRB094 10173 AMC 40439 b |
|
| 1 |
| employee who first
entered service before June 13,
the | 2 |
| effective date of this amendatory Act of 1997) and
at least 12 | 3 |
| months from the date of the employee's latest
re-entry into | 4 |
| service; provided, however, that if death arises out of and
in | 5 |
| the course of service to the employer and is compensable under | 6 |
| either the
Illinois Workers' Compensation Act or Illinois | 7 |
| Workers' Occupational
Diseases Act, the annuity is payable | 8 |
| regardless of the employee's length of
service.
| 9 |
| (b) Amount. A child's annuity shall be $500 per month for
| 10 |
| one child and $350 per month for each additional child, up to a
| 11 |
| maximum of $2,500 per month for all children of the employee, | 12 |
| as provided in
this Section, if a parent of the child is | 13 |
| living. The child's annuity
shall be $1,000 per month for one | 14 |
| child and $500 per month
for each additional child, up to a | 15 |
| maximum of $2,500 for all children of
the employee, when | 16 |
| neither parent is alive. The total amount payable to
all | 17 |
| children of the employee shall be divided equally among those | 18 |
| children.
Any child's annuity which commenced prior to July 12, | 19 |
| 2001
the effective date of this
amendatory Act of the 92nd | 20 |
| General Assembly shall be increased
upon the first day of the | 21 |
| month following the month in which that
effective date occurs, | 22 |
| to the amount set forth herein.
| 23 |
| (c) Payment. Until a child attains the age of 18 years, a
A
| 24 |
| child's annuity shall be paid to the child's parent or
other | 25 |
| person who shall be providing for the child without requiring | 26 |
| formal
letters of guardianship, unless another person shall be | 27 |
| appointed by a
court of law as guardian.
| 28 |
| (Source: P.A. 92-53, eff. 7-12-01.)
| 29 |
| (40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309)
| 30 |
| Sec. 13-309. Duty disability benefit.
| 31 |
| (a) Any employee who becomes disabled, which disability is | 32 |
| the result of an
injury or illness compensable under the | 33 |
| Illinois Workers' Compensation Act or
the Illinois Workers' | 34 |
| Occupational Diseases Act, is entitled to a duty
disability | 35 |
| benefit during the period of disability for which the employee |
|
|
|
HB2379 Enrolled |
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LRB094 10173 AMC 40439 b |
|
| 1 |
| does
not receive any part of salary, or any part of a | 2 |
| retirement annuity under this
Article; except that in the case | 3 |
| of an employee who first enters service on or
after June 13,
| 4 |
| the effective date of this amendatory Act of 1997 and becomes | 5 |
| disabled before the effective date of this amendatory Act of | 6 |
| the 94th General Assembly , a duty disability
benefit is not | 7 |
| payable for the first 3 days of disability that would otherwise
| 8 |
| be payable under this Section if the disability does not | 9 |
| continue for at least
11 additional days. The changes made to | 10 |
| this Section by this amendatory Act of the 94th General | 11 |
| Assembly are prospective only and do not entitle an employee to | 12 |
| a duty disability benefit for the first 3 days of any | 13 |
| disability that occurred before that effective date and did not | 14 |
| continue for at least 11 additional days. This benefit shall be | 15 |
| 75% of salary at the date disability
begins. However, if the | 16 |
| disability in any measure resulted from any physical
defect or | 17 |
| disease which existed at the time such injury was sustained or | 18 |
| such
illness commenced, the duty disability benefit shall be | 19 |
| 50% of salary.
| 20 |
| Unless the employer acknowledges that the disability is a | 21 |
| result of
injury or illness compensable under the Workers' | 22 |
| Compensation Act or the
Workers' Occupational Diseases Act, the | 23 |
| duty disability benefit shall
not be payable until the issue of | 24 |
| compensability under those Acts is finally
adjudicated. The | 25 |
| period of disability shall be as determined by the Illinois
| 26 |
| Workers' Compensation Commission or acknowledged by the | 27 |
| employer.
| 28 |
| The first payment shall be made not later than one month | 29 |
| after the
benefit is granted, and subsequent payments shall be | 30 |
| made at least monthly.
The Board shall by rule prescribe for | 31 |
| the payment of such benefits on the
basis of the amount of | 32 |
| salary lost during the period of disability.
| 33 |
| (b) The benefit shall be allowed only if the following | 34 |
| requirements are
met by the employee:
| 35 |
| (1) Application is made to the Board within 90 days | 36 |
| from the date
disability begins;
|
|
|
|
HB2379 Enrolled |
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LRB094 10173 AMC 40439 b |
|
| 1 |
| (2) A medical report is submitted by at least one | 2 |
| licensed and
practicing physician as part of the employee's | 3 |
| application; and
| 4 |
| (3) The employee is examined by at least one licensed | 5 |
| and practicing
physician appointed by the Board and found | 6 |
| to be in a disabled physical
condition, and shall be | 7 |
| re-examined at least annually thereafter during the
| 8 |
| continuance of disability. The employee need not be | 9 |
| re-examined by a
licensed and practicing physician if the | 10 |
| attorney for the district
certifies in writing that the | 11 |
| employee is entitled to receive compensation
under the | 12 |
| Workers' Compensation Act or the Workers' Occupational | 13 |
| Diseases Act.
| 14 |
| (c) The benefit shall terminate when:
| 15 |
| (1) The employee returns to work or receives a | 16 |
| retirement annuity paid
wholly or in part under this | 17 |
| Article;
| 18 |
| (2) The disability ceases;
| 19 |
| (3) The employee attains age 65, but if the employee | 20 |
| becomes disabled at
age 60 or later, benefits may be | 21 |
| extended for a period of no
more than 5 years after
| 22 |
| disablement;
| 23 |
| (4) The employee (i) refuses to submit to reasonable | 24 |
| examinations by
physicians or other health professionals | 25 |
| appointed by the Board, (ii) fails
or refuses to consent to | 26 |
| and sign an authorization allowing the Board to
receive | 27 |
| copies of or to examine the employee's medical and hospital | 28 |
| records,
or (iii) fails or refuses to provide complete | 29 |
| information regarding any other
employment for | 30 |
| compensation he or she has received since becoming | 31 |
| disabled;
or
| 32 |
| (5) The employee willfully and continuously refuses to | 33 |
| follow medical advice and treatment to enable the employee | 34 |
| to return to
work. However this provision does not apply to | 35 |
| an employee who relies in good
faith on treatment by prayer | 36 |
| through spiritual means alone in accordance with
the tenets |
|
|
|
HB2379 Enrolled |
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LRB094 10173 AMC 40439 b |
|
| 1 |
| and practice of a recognized church or religious | 2 |
| denomination, by a
duly accredited practitioner thereof.
| 3 |
| In the case of a duty disability recipient who returns to | 4 |
| work, the employee
must make application to the Retirement | 5 |
| Board within 2 years from the date the
employee last received | 6 |
| duty disability benefits in order to become again
entitled to | 7 |
| duty disability benefits based on the injury for which a duty
| 8 |
| disability benefit was theretofore paid.
| 9 |
| (Source: P.A. 93-721, eff. 1-1-05.)
| 10 |
| (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)
| 11 |
| Sec. 13-310. Ordinary disability benefit.
| 12 |
| (a) Any employee who becomes disabled as the result of
any | 13 |
| cause other than injury or illness incurred in the performance | 14 |
| of duty
for the employer or any other employer, or while | 15 |
| engaged in self-employment
activities, shall be entitled to an | 16 |
| ordinary disability benefit. The
eligible period for this | 17 |
| benefit shall be 25% of the employee's total
actual service | 18 |
| prior to the date of disability with a cumulative maximum
| 19 |
| period of 5 years.
| 20 |
| (b) The benefit shall be allowed only if the employee files | 21 |
| an
application in writing with the Board, and a medical report | 22 |
| is submitted by
at least one licensed and practicing physician | 23 |
| as part of the employee's
application.
| 24 |
| The benefit is not payable for any disability which begins | 25 |
| during any
period of unpaid leave of absence. No benefit shall | 26 |
| be allowed for any
period of disability prior to 30 days before | 27 |
| application is made, unless
the Board finds good cause for the | 28 |
| delay in filing the application. The
benefit shall not be paid | 29 |
| during any period for which the employee receives
or is | 30 |
| entitled to receive any part of salary.
| 31 |
| The benefit is not payable for any disability which begins | 32 |
| during any
period of absence from duty other than allowable | 33 |
| vacation time in any
calendar year. An employee whose | 34 |
| disability begins during any such
ineligible period of absence | 35 |
| from service may not receive benefits until
the employee |
|
|
|
HB2379 Enrolled |
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LRB094 10173 AMC 40439 b |
|
| 1 |
| recovers from the disability and is in service for at least 15
| 2 |
| consecutive working days after such recovery.
| 3 |
| In the case of an employee who first enters service on or | 4 |
| after June 13,
the
effective date of this amendatory Act of
| 5 |
| 1997, an ordinary disability benefit
is not payable for the | 6 |
| first 3 days of disability that would otherwise be
payable | 7 |
| under this Section if the disability does not continue for at | 8 |
| least 11
additional days.
| 9 |
| Beginning on the effective date of this amendatory Act of | 10 |
| the 94th General Assembly, an employee who first entered | 11 |
| service on or after June 13, 1997 is also eligible for ordinary | 12 |
| disability benefits on the 31st day after the last day worked, | 13 |
| provided all sick leave is exhausted.
| 14 |
| (c) The benefit shall be 50% of the employee's salary at | 15 |
| the date of
disability, and shall terminate when the earliest | 16 |
| of the following occurs:
| 17 |
| (1) The employee returns to work or receives a | 18 |
| retirement annuity paid
wholly or in part under this | 19 |
| Article;
| 20 |
| (2) The disability ceases;
| 21 |
| (3) The employee willfully and continuously refuses to | 22 |
| follow medical
advice and treatment to enable the employee | 23 |
| to return to
work. However this provision does not apply to | 24 |
| an employee who relies in good
faith on treatment by prayer | 25 |
| through spiritual means alone in accordance with
the tenets | 26 |
| and practice of a recognized church or religious | 27 |
| denomination, by a
duly accredited practitioner thereof;
| 28 |
| (4) The employee (i) refuses to submit to a reasonable | 29 |
| physical
examination within 30 days of application by a | 30 |
| physician appointed by the
Board, (ii) in the case of | 31 |
| chronic alcoholism, the employee refuses
to join a | 32 |
| rehabilitation program licensed by the Department of | 33 |
| Public Health of
the State of Illinois and certified by the | 34 |
| Joint Commission on the
Accreditation of Hospitals, (iii) | 35 |
| fails or refuses to consent to and sign an
authorization | 36 |
| allowing the Board to receive copies of or to examine the
|
|
|
|
HB2379 Enrolled |
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LRB094 10173 AMC 40439 b |
|
| 1 |
| employee's medical and hospital records, or (iv) fails or | 2 |
| refuses to provide
complete information regarding any | 3 |
| other employment for compensation he or she
has received | 4 |
| since becoming disabled; or
| 5 |
| (5) The eligible period for this benefit has been | 6 |
| exhausted.
| 7 |
| The first payment of the benefit shall be made not later | 8 |
| than one month
after the same has been granted, and subsequent | 9 |
| payments shall be made at
intervals of not more than 30 days.
| 10 |
| (Source: P.A. 90-12, eff. 6-13-97; 91-887, eff. 7-6-00.)
| 11 |
| (40 ILCS 5/13-314) (from Ch. 108 1/2, par. 13-314)
| 12 |
| Sec. 13-314. Alternative provisions for Water Reclamation | 13 |
| District
commissioners.
| 14 |
| (a) Transfer of credits. Any Water Reclamation District | 15 |
| commissioner
elected by vote of the people and who has elected | 16 |
| to participate in this
Fund may transfer to this Fund credits | 17 |
| and creditable service accumulated
under any other pension fund | 18 |
| or retirement system established under
Articles 2 through 18 of | 19 |
| this Code, upon payment to the Fund of (1) the
amount by which | 20 |
| the employer and employee contributions that would have
been | 21 |
| required if he had participated in this Fund during the period | 22 |
| for
which credit is being transferred, plus interest, exceeds | 23 |
| the amounts
actually transferred from such other fund or system | 24 |
| to this Fund, plus (2)
interest thereon at 6% per year | 25 |
| compounded annually from the date of
transfer to the date of | 26 |
| payment.
| 27 |
| (b) Alternative annuity. Any participant commissioner may | 28 |
| elect to
establish alternative credits for an alternative | 29 |
| annuity by electing in
writing to make additional optional | 30 |
| contributions in accordance with this
Section and procedures | 31 |
| established by the Board. Unless and until such
time as the | 32 |
| U.S. Internal Revenue Service or the federal courts provide a
| 33 |
| favorable ruling as described in Section 13-502(f), a
such
| 34 |
| commissioner
may discontinue making the additional optional | 35 |
| contributions by notifying the
Fund in writing in accordance |
|
|
|
HB2379 Enrolled |
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LRB094 10173 AMC 40439 b |
|
| 1 |
| with this Section and procedures established
by the Board.
| 2 |
| Additional optional contributions for the alternative | 3 |
| annuity shall be
as follows:
| 4 |
| (1) For service after the option is elected, an | 5 |
| additional contribution
of 3% of salary shall be | 6 |
| contributed to the Fund on the same basis and
under the | 7 |
| same conditions as contributions required under Section | 8 |
| 13-502.
| 9 |
| (2) For contributions on past service, the additional | 10 |
| contribution shall
be 3% of the salary for the
applicable | 11 |
| period of service, plus interest at the annual rate from | 12 |
| time to
time as determined by the Board, compounded | 13 |
| annually from the date of service
to the date of payment. | 14 |
| Contributions for service before the option is
elected may | 15 |
| be made in a lump sum payment to the Fund or by | 16 |
| contributing to the
Fund on the same basis and under the | 17 |
| same conditions as contributions required
under Section | 18 |
| 13-502.
All payments for past service must be paid in full | 19 |
| before credit
is given. No additional optional | 20 |
| contributions may be made for any period
of service for | 21 |
| which credit has been previously forfeited by acceptance of
| 22 |
| a refund, unless the refund is repaid in full with interest | 23 |
| at the rate
specified in Section 13-603, from the date of | 24 |
| refund to the date of repayment.
| 25 |
| In lieu of the retirement annuity otherwise payable under | 26 |
| this Article,
any commissioner who has elected to participate | 27 |
| in the Fund and make
additional optional contributions in | 28 |
| accordance with this Section,
has attained age 55, and has at | 29 |
| least 6 years of service
credit, may elect to have the | 30 |
| retirement annuity computed as follows: 3% of
the participant's | 31 |
| average final salary as a commissioner for each of
the first 8 | 32 |
| years of service credit, plus 4% of such salary for each of the
| 33 |
| next 4 years of service credit, plus 5% of such salary for each | 34 |
| year of
service credit in excess of 12 years, subject to a | 35 |
| maximum of 80% of such
salary. To the extent such commissioner | 36 |
| has made additional optional
contributions with respect to only |
|
|
|
HB2379 Enrolled |
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LRB094 10173 AMC 40439 b |
|
| 1 |
| a portion of years of service credit,
the retirement annuity | 2 |
| will first be determined in accordance with this
Section to the | 3 |
| extent such additional optional contributions were made, and
| 4 |
| then in accordance with the remaining Sections of this Article | 5 |
| to the
extent of years of service credit with respect to which | 6 |
| additional optional
contributions were not made. The change in | 7 |
| minimum retirement age (from
60 to 55) made by this amendatory | 8 |
| Act of 1993 applies to persons who begin
receiving a retirement | 9 |
| annuity under this Section on or after the effective
date of | 10 |
| this amendatory Act, without regard to whether they are in | 11 |
| service
on or after that date.
| 12 |
| (c) Disability benefits. In lieu of the disability benefits | 13 |
| otherwise
payable under this Article, any commissioner who (1) | 14 |
| has elected to
participate in the Fund, and (2) has become | 15 |
| permanently disabled and as a
consequence is unable to perform | 16 |
| the duties of office, and (3) was making
optional contributions | 17 |
| in accordance with this Section at the time the
disability was | 18 |
| incurred, may elect to receive a disability annuity
calculated | 19 |
| in accordance with the formula in subsection (b). For the
| 20 |
| purposes of this subsection, such commissioner shall be
| 21 |
| considered permanently disabled only if: (i) disability occurs | 22 |
| while in
service as a commissioner and is of such a nature as | 23 |
| to prevent the
reasonable performance of the duties of office | 24 |
| at the time; and (ii) the
Board has received a written | 25 |
| certification by at least 2 licensed
physicians appointed by it | 26 |
| stating that such commissioner is disabled and
that the | 27 |
| disability is likely to be permanent.
| 28 |
| (d) Alternative survivor's benefits. In lieu of the
| 29 |
| survivor's benefits otherwise payable under this Article, the | 30 |
| spouse or
eligible child of any deceased commissioner who (1) | 31 |
| had elected to
participate in the Fund, and (2) was either | 32 |
| making (or had already made) additional optional
contributions | 33 |
| on the date of death, or was receiving an annuity calculated
| 34 |
| under this Section at the time of death, may elect to receive | 35 |
| an annuity
beginning on the date of the commissioner's death, | 36 |
| provided that the spouse
and commissioner must have been |
|
|
|
HB2379 Enrolled |
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LRB094 10173 AMC 40439 b |
|
| 1 |
| married on the date of the last termination
of a service as | 2 |
| commissioner and for a continuous period of at least one
year | 3 |
| immediately preceding death.
| 4 |
| The annuity shall be payable beginning on the date of the | 5 |
| commissioner's
death if the spouse is then age 50 or over, or | 6 |
| beginning at age 50 if the
age of the spouse is less than 50 | 7 |
| years. If a minor unmarried child or
children of the | 8 |
| commissioner, under age 18 (age 23 in the case of a full-time | 9 |
| student) , also survive, and the child or
children are under the | 10 |
| care of the eligible spouse, the annuity shall begin
as of the | 11 |
| date of death of the commissioner without regard to the | 12 |
| spouse's age.
| 13 |
| The annuity to a spouse shall be the greater of (i) 66 2/3% | 14 |
| of the amount of retirement
annuity earned by the commissioner | 15 |
| on the date of death, subject to a
minimum payment of 10% of | 16 |
| salary, provided that if an eligible spouse,
regardless of age, | 17 |
| has in his or her care at the date of death of the
commissioner | 18 |
| any unmarried child or children of the commissioner under age
| 19 |
| 18, the minimum annuity shall be 30% of the commissioner's | 20 |
| salary, plus 10%
of salary on account of each minor child of | 21 |
| the commissioner, subject to a
combined total payment on | 22 |
| account of a spouse and minor children not to
exceed 50% of the | 23 |
| deceased commissioner's salary or (ii) for the spouse of a | 24 |
| commissioner whose death occurs on or after the effective date | 25 |
| of this amendatory Act of the 94th General Assembly, the | 26 |
| surviving spouse annuity shall be computed in the same manner | 27 |
| as described in Section 13-306(a) . The number of total service | 28 |
| years used to calculate the commissioner's annuity shall be the | 29 |
| number of service years used to calculate the annuity for that | 30 |
| commissioner's surviving spouse. In the event there shall
be no | 31 |
| spouse of the commissioner surviving, or should a spouse die | 32 |
| while
eligible minor children still survive the commissioner, | 33 |
| each such child
shall be entitled to an annuity equal to 20% of | 34 |
| salary of the commissioner
subject to a combined total payment | 35 |
| on account of all such children not to
exceed 50% of salary of | 36 |
| the commissioner. The salary to be used in the
calculation of |
|
|
|
HB2379 Enrolled |
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LRB094 10173 AMC 40439 b |
|
| 1 |
| these benefits shall be the same as that prescribed for
| 2 |
| determining a retirement annuity as provided in subsection (b) | 3 |
| of this 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 85%
75% of the amount of | 9 |
| retirement
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 (age 23 in the | 15 |
| case of a full-time student) , whichever first occurs,
shall | 16 |
| render the child ineligible for further consideration in the | 17 |
| payment
of annuity to a spouse or in the increase in the amount | 18 |
| thereof. Upon
attainment of ineligibility of the youngest minor | 19 |
| child of the
commissioner, the annuity shall immediately revert | 20 |
| to the amount payable
upon death of a commissioner leaving no | 21 |
| minor children surviving. If the
spouse is under age 50 at such | 22 |
| time, the annuity as revised shall be
deferred until such age | 23 |
| is attained.
| 24 |
| (e) Refunds. Refunds of additional optional contributions | 25 |
| shall be made
on the same basis and under the same conditions | 26 |
| as provided under Section
13-601. Interest shall be credited on | 27 |
| the same basis and under the same
conditions as for other | 28 |
| contributions.
| 29 |
| Optional contributions shall be accounted for in a separate | 30 |
| Commission's
Optional Contribution Reserve. Optional | 31 |
| contributions under this Section
shall be included in the | 32 |
| amount of employee contributions used to compute
the tax levy | 33 |
| under Section 13-503.
| 34 |
| (f) Effective date. The effective date of this plan of | 35 |
| optional
alternative benefits and contributions shall be the | 36 |
| date upon which
approval was received from the U.S. Internal |
|
|
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| 1 |
| Revenue Service. The plan of
optional alternative benefits and | 2 |
| contributions shall not be available to
any former employee | 3 |
| receiving an annuity from the Fund on the effective
date, | 4 |
| unless said former employee re-enters service and renders at | 5 |
| least 3
years of additional service after the date of re-entry | 6 |
| as a commissioner.
| 7 |
| (Source: P.A. 90-12, eff. 6-13-97; 91-887, eff. 7-6-00.)
| 8 |
| (40 ILCS 5/13-402) (from Ch. 108 1/2, par. 13-402)
| 9 |
| Sec. 13-402. Length of service. For the purpose of | 10 |
| computing the length
of service for the retirement annuity, | 11 |
| surviving spouse's annuity, and
child's annuity, and | 12 |
| calculating the minimum service requirement for
payment of | 13 |
| military service under subsection (b) of Section 13-403,
| 14 |
| service of 120 days in any one calendar year shall constitute | 15 |
| one year
of service and service for any fractional part thereof | 16 |
| shall constitute an
equal fractional part of one year of | 17 |
| service unless specifically provided
otherwise. For all other | 18 |
| purposes under this Article, including but not
limited to the | 19 |
| optional plans of additional benefits and contributions | 20 |
| provided
under Sections 13-304 , 13-304.1, and 13-314 of this | 21 |
| Article, 26 pay periods of service
during any 12 consecutive | 22 |
| months shall constitute a year of service, and
service rendered | 23 |
| for 50% or more of a single pay period shall constitute
service | 24 |
| for the full pay period. Service of less than 50% of a single | 25 |
| pay
period shall not be counted.
| 26 |
| (Source: P.A. 93-334, eff. 7-24-03.)
| 27 |
| (40 ILCS 5/13-403) (from Ch. 108 1/2, par. 13-403)
| 28 |
| Sec. 13-403. Military service.
| 29 |
| (a) Any employee who, after commencement of
service with | 30 |
| the Employer, enlisted, was inducted or was otherwise ordered
| 31 |
| to serve in the military forces of the United States pursuant | 32 |
| to any law,
shall receive full service credit for the various | 33 |
| purposes of this Article
as though the employee were in the | 34 |
| active service of the Employer during
the period of military |
|
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LRB094 10173 AMC 40439 b |
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| 1 |
| service provided that:
| 2 |
| (1) beginning July 1, 1963, such service credit shall | 3 |
| be granted only for
military service for which the employee | 4 |
| volunteers or is inducted or called into military
service | 5 |
| pursuant to a call of a duly constituted authority or a law | 6 |
| of the
United States declaring a national emergency;
| 7 |
| (2) the employee returns to the employ of the Employer | 8 |
| within 90 days
after the termination of the national | 9 |
| emergency; and
| 10 |
| (3) the total service credit for such military service | 11 |
| shall not exceed 5
years except that any employee who on | 12 |
| July 1, 1963 had accrued more than 5
years of such credit | 13 |
| shall be entitled to the total amount thereof.
| 14 |
| (b) For a ten-year period following July 24, 2003
the | 15 |
| effective date of this amendatory
Act of the 93rd General | 16 |
| Assembly , a contributing employee or commissioner
meeting the | 17 |
| minimum service requirements provided under this subsection | 18 |
| may
establish additional service credit for a period of up to 2 | 19 |
| years of active
military service in the United States Armed | 20 |
| Forces for which he or she does not
qualify for credit under | 21 |
| subsection (a), provided that (1) the person was not
| 22 |
| dishonorably discharged from the military service, and (2) the | 23 |
| amount of
service credit established by the person under this | 24 |
| subsection (b), when added
to the amount of any military | 25 |
| service credit granted to the person under
subsection (a), | 26 |
| shall not exceed 5 years.
| 27 |
| The minimum service requirement for a contributing | 28 |
| employee is 10 years of
service credit as provided in Sections | 29 |
| 13-401 and 13-402 of this Article and
exclusive of Article 20. | 30 |
| The minimum service requirement for a contributing
| 31 |
| commissioner is 5 years of service credit as provided in | 32 |
| Sections 13-401 and
13-402 of this Article and
exclusive of | 33 |
| Article 20.
| 34 |
| In order to establish military service credit under this | 35 |
| subsection (b),
the applicant must submit a written application | 36 |
| to the Fund, including the
applicant's discharge papers from |
|
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|
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LRB094 10173 AMC 40439 b |
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| military service, and pay to the Fund (i)
employee | 2 |
| contributions at the rates provided in this Article, based upon | 3 |
| the
person's salary on the last date as a participating | 4 |
| employee prior to the
military service or on the first date as | 5 |
| a participating employee after the
military service, whichever | 6 |
| is greater, plus (ii) the current amount determined
by the | 7 |
| board to be equal to the employer's normal cost of the benefits | 8 |
| accrued
for such military service, plus (iii) regular interest | 9 |
| of 3% compounded
annually on items (i) and (ii) from the date | 10 |
| of entry or re-entry as a
participating employee following the | 11 |
| military service to the date of payment.
Contributions must be | 12 |
| paid in full before the credit is granted. Credit
established | 13 |
| under this subsection may be used for pension purposes only.
| 14 |
| Notwithstanding any other provision of this Section, a | 15 |
| person may not
establish creditable service under this Section | 16 |
| for any period for which the
person receives credit under any | 17 |
| other public employee retirement system,
unless the credit | 18 |
| under that other retirement system has been irrevocably
| 19 |
| relinquished.
| 20 |
| (Source: P.A. 93-334, eff. 7-24-03.)
| 21 |
| (40 ILCS 5/13-502) (from Ch. 108 1/2, par. 13-502)
| 22 |
| Sec. 13-502. Employee contributions; deductions from | 23 |
| salary.
| 24 |
| (a) Retirement annuity and child's annuity. There shall be | 25 |
| deducted
from each payment of salary an amount equal to 7 1/2% | 26 |
| of salary as the
employee's contribution for the retirement | 27 |
| annuity, including annual
increases therefore and child's | 28 |
| annuity.
| 29 |
| (b) Surviving spouse's annuity. There shall be deducted | 30 |
| from each
payment of salary an amount equal to 1 1/2% of salary | 31 |
| as the employee's
contribution for the surviving spouse's | 32 |
| annuity and annual increases therefor.
| 33 |
| (c) Pickup of employee contributions. The Employer may pick | 34 |
| up employee
contributions required under subsections (a) and | 35 |
| (b) of this Section. If
contributions are picked up they shall |
|
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| be treated as Employer contributions
in determining tax | 2 |
| treatment under the United States Internal Revenue Code,
and | 3 |
| shall not be included as gross income of the employee until | 4 |
| such time
as they are distributed. The Employer shall pay these | 5 |
| employee
contributions from the same source of funds used in | 6 |
| paying salary to the
employee. The Employer may pick up these | 7 |
| contributions by a reduction in
the cash salary of the employee | 8 |
| or by an offset against a future salary
increase or by a | 9 |
| combination of a reduction in salary and offset against a
| 10 |
| future salary increase. If employee contributions are picked up | 11 |
| they shall be
treated for all purposes of this Article 13, | 12 |
| including Sections 13-503 and
13-601, in the same manner and to | 13 |
| the same extent as employee contributions
made prior to the | 14 |
| date picked up.
| 15 |
| (d) Subject to the requirements of federal law, the | 16 |
| Employer shall
pick up optional contributions that the employee | 17 |
| has elected to pay to the
Fund under Section 13-304.1, and the | 18 |
| contributions so picked up
shall be treated as employer | 19 |
| contributions for the purposes of determining
federal tax | 20 |
| treatment. The Employer shall pick up the contributions by a
| 21 |
| reduction in the cash salary of the employee and shall pay the | 22 |
| contributions
from the same fund that is used to pay earnings | 23 |
| to the employee. The Employer
shall, however, continue to | 24 |
| withhold federal and State income taxes based upon
| 25 |
| contributions made under Section 13-304.1 until the Internal | 26 |
| Revenue Service or
the federal courts rule that pursuant to | 27 |
| Section 414(h) of the U.S. Internal
Revenue Code of 1986, as | 28 |
| amended, these contributions shall not be included as
gross | 29 |
| income of the employee until such time as they are distributed | 30 |
| or made
available.
| 31 |
| (e) Each employee is deemed to consent and agree to the | 32 |
| deductions from
compensation provided for in this Article.
| 33 |
| (f) Subject to the requirements of federal law, the | 34 |
| Employer shall pick up
contributions that a commissioner has | 35 |
| elected to pay to the Fund under Section
13-314, and the | 36 |
| contributions so picked up shall be treated as Employer
|
|
|
|
HB2379 Enrolled |
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LRB094 10173 AMC 40439 b |
|
| 1 |
| contributions for the purposes of determining federal tax | 2 |
| treatment. The
Employer shall pick up the contributions by a | 3 |
| reduction in the cash salary of
the commissioner and shall pay | 4 |
| the contributions from the same fund as is
used to pay earnings | 5 |
| to the commissioner. The Employer shall, however,
continue to | 6 |
| withhold federal and State income taxes based upon | 7 |
| contributions
made under Section 13-314 until the U.S. Internal | 8 |
| Revenue Service or the
federal courts rule that pursuant to | 9 |
| Section 414(h) of the Internal Revenue
Code of 1986, as | 10 |
| amended, these contributions shall not be included as gross
| 11 |
| income of the employee until such time as they are distributed | 12 |
| or made
available.
| 13 |
| (Source: P.A. 92-599, eff. 6-28-02.)
| 14 |
| (40 ILCS 5/13-601) (from Ch. 108 1/2, par. 13-601)
| 15 |
| Sec. 13-601. Refunds.
| 16 |
| (a) Withdrawal from service. Upon withdrawal from service, | 17 |
| an employee
under age 55 (age 50 if the employee first entered | 18 |
| service before June
13, 1997) , or an employee age 55 (age 50 if | 19 |
| the employee first entered
service before June 13, 1997) or | 20 |
| over but less than 60 having less
than 20 years of service, or | 21 |
| an employee age 60 or over having less than 5
years of service | 22 |
| shall be entitled, upon application, to a refund of total
| 23 |
| contributions from salary deductions or amounts otherwise paid | 24 |
| under this
Article by the employee. The refund shall not | 25 |
| include interest credited to
the contributions. The Board may, | 26 |
| in its discretion, withhold payment of a
refund for a period | 27 |
| not to exceed one year from the date of filing an
application | 28 |
| for refund.
| 29 |
| (b) Surviving spouse's annuity contributions. A refund of | 30 |
| all amounts
deducted from salary or otherwise contributed by an | 31 |
| employee for the
surviving spouse's annuity shall be paid upon | 32 |
| retirement to any employee
who on the date of retirement is | 33 |
| either not married or is married but whose
spouse is not | 34 |
| eligible for a surviving spouse's annuity paid wholly or in
| 35 |
| part under this Article. The refund shall include interest on
|
|
|
|
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LRB094 10173 AMC 40439 b |
|
| 1 |
| each contribution at the rate of 3% per annum compounded | 2 |
| annually from the
date of the contribution to the date of the | 3 |
| refund.
| 4 |
| (c) When paid to children, estate or beneficiary. Whenever | 5 |
| the total
accumulations, to the account of an employee from | 6 |
| employee contributions,
including interest to the employee's | 7 |
| date of withdrawal , have not been paid to the employee and | 8 |
| surviving spouse
as a retirement or spouse's annuity before the | 9 |
| death of the survivor of the
employee and spouse, a refund | 10 |
| shall be paid as follows: an amount equal to
the excess of such | 11 |
| amounts over the amounts paid on such annuities without
| 12 |
| interest on either such amount, shall be paid to the children | 13 |
| of the
employee, in equal parts to each, unless the employee | 14 |
| has directed in
writing, signed by him before an officer | 15 |
| authorized to administer oaths,
and filed with the Board before | 16 |
| the employee's death, that any such amount
shall be refunded | 17 |
| and paid to any one or more of such children; and if
there are | 18 |
| not children, such other beneficiary or beneficiaries as might | 19 |
| be
designated by the employee. If there are no such children or | 20 |
| designation
of beneficiary, the refund shall be paid to the | 21 |
| personal representative of
the employee's estate.
| 22 |
| If a personal representative of the estate has not been | 23 |
| appointed within
90 days from the date on which a refund became | 24 |
| payable, the refund may be
applied, in the discretion of the | 25 |
| Board, toward the payment of the
employee's or the surviving | 26 |
| spouse's burial expenses. Any remaining
balance shall be paid | 27 |
| to the heirs of the employee according to the law of
descent | 28 |
| and distribution of the State of Illinois.
| 29 |
| If a reversionary annuity becomes payable under Section | 30 |
| 13-303, the
refund provided in this section shall not be paid | 31 |
| until the death of the
reversionary annuitant and the refund | 32 |
| otherwise payable under this section
shall be then further | 33 |
| reduced by the amount of the reversionary annuity paid.
| 34 |
| (d) In lieu of annuity. Notwithstanding the provisions set | 35 |
| forth in
subsection (a) of this section, whenever an employee's | 36 |
| or surviving
spouse's annuity will be less than $200 per month, |
|
|
|
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LRB094 10173 AMC 40439 b |
|
| 1 |
| the employee or
surviving spouse, as the case may be, may elect | 2 |
| to receive a refund of
accumulated employee contributions; | 3 |
| provided, however, that if the election
is made by a surviving | 4 |
| spouse the refund shall be reduced by any amounts
theretofore | 5 |
| paid to the employee in the form of an annuity.
| 6 |
| (e) Forfeiture of rights. An employee or surviving spouse | 7 |
| who receives
a refund forfeits the right to receive an annuity | 8 |
| or any other benefit
payable under this Article except that if | 9 |
| the refund is to a surviving
spouse, any child or children of | 10 |
| the employee shall not be deprived of the
right to receive a | 11 |
| child's annuity as provided in Section 13-308 of this
Article, | 12 |
| and the payment of a child's annuity shall not reduce the | 13 |
| amount
refundable to the surviving spouse.
| 14 |
| (Source: P.A. 87-794; 87-1265.)
| 15 |
| (40 ILCS 5/13-603) (from Ch. 108 1/2, par. 13-603)
| 16 |
| Sec. 13-603. Restoration of rights. If an employee who has | 17 |
| received a
refund subsequently re-enters the service and | 18 |
| renders one year of contributing
service from the date of such | 19 |
| re-entry, the employee shall be entitled to
have restored all | 20 |
| accumulation and service credits previously forfeited by
| 21 |
| making a repayment of the refund, including interest from the | 22 |
| date of the
refund to the date of repayment at a rate equal to | 23 |
| the higher of 8% per annum
or the actuarial investment return | 24 |
| assumption used in the Fund's most recent
Annual Actuarial | 25 |
| Statement. Repayment may be made either directly to the Fund
or | 26 |
| in a manner similar to that provided for the contributions | 27 |
| required under
Section 13-502. The service credits represented | 28 |
| thereby, or any part thereof,
shall not become effective unless | 29 |
| the full amount due has been paid by the
employee, including | 30 |
| interest. The repayment must be made in full by the employee no | 31 |
| later
than 90 days following the date of the employee's final | 32 |
| withdrawal from
service. If the employee fails to make a full | 33 |
| repayment, any partial amounts
paid by the employee shall be | 34 |
| refunded without interest if the employee dies
in service or | 35 |
| withdraws .
|
|
|
|
HB2379 Enrolled |
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LRB094 10173 AMC 40439 b |
|
| 1 |
| (Source: P.A. 91-887, eff. 7-6-00.)
| 2 |
| (40 ILCS 5/13-706) (from Ch. 108 1/2, par. 13-706)
| 3 |
| Sec. 13-706. Board powers and duties. The Board shall have | 4 |
| the powers and
duties set forth in this Section, in addition to | 5 |
| such other powers and
duties as may be provided in this Article | 6 |
| and in this Code:
| 7 |
| (a) To supervise collections. To see that all amounts | 8 |
| specified in this
Article to be applied to the Fund, from any | 9 |
| source, are collected and applied.
| 10 |
| (b) To notify of deductions. To notify the Clerk of the | 11 |
| Water
Reclamation District of the deductions to be made from | 12 |
| the salaries of
employees.
| 13 |
| (c) To accept gifts. To accept by gift, grant, bequest or | 14 |
| otherwise any
money or property of any kind and use the same | 15 |
| for the purposes of the Fund.
| 16 |
| (d) To invest the reserves. To invest the reserves of the | 17 |
| Fund in
accordance with the provisions set forth in Section | 18 |
| 1-113 of Article 1 of
this Code. The Board is also authorized | 19 |
| to transfer securities to the
Illinois State Board of | 20 |
| Investment for the purpose of participation in any
commingled | 21 |
| investment fund as provided in Article 22A of this Code.
| 22 |
| (e) To authorize payments. To consider and pass upon all | 23 |
| applications
for annuities and benefits; to authorize or | 24 |
| suspend the payment of any
annuity or benefit; to inquire into | 25 |
| the validity and legality of any grant
of annuity or benefit | 26 |
| paid from or payable out of the Fund; to increase,
reduce, or | 27 |
| suspend any such annuity or benefit whenever the annuity or
| 28 |
| benefit, or any part thereof, was secured or granted, or the | 29 |
| amount thereof
fixed, as the result of misrepresentation, | 30 |
| fraud, or error. No such
annuity or benefit shall be | 31 |
| permanently reduced or suspended until the
affected annuitant | 32 |
| or beneficiary is first notified of the proposed action
and | 33 |
| given an opportunity to be heard. No trustee of the Board shall | 34 |
| vote
upon that trustee's own personal claim for annuity, | 35 |
| benefit or refund, or
participate in the deliberations of the |
|
|
|
HB2379 Enrolled |
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LRB094 10173 AMC 40439 b |
|
| 1 |
| Board as to the validity of any
such claim. The Board shall | 2 |
| have exclusive original jurisdiction in all
matters of claims | 3 |
| for annuities, benefits and refunds.
| 4 |
| (f) To submit an annual report. To submit a report in July | 5 |
| of each year
to the Board of Commissioners of the Water | 6 |
| Reclamation District as of the
close of business on December | 7 |
| 31st of the preceding year. The report shall
include the | 8 |
| following:
| 9 |
| (1) A balance sheet, showing the financial and | 10 |
| actuarial condition of
the Fund as of the end of the | 11 |
| calendar year;
| 12 |
| (2) A statement of receipts and disbursements during | 13 |
| such year;
| 14 |
| (3) A statement showing changes in the asset, | 15 |
| liability, reserve and
surplus accounts during such year;
| 16 |
| (4) A detailed statement of investments as of the end | 17 |
| of the year; and
| 18 |
| (5) Any additional information as is deemed necessary | 19 |
| for proper
interpretation of the condition of the Fund.
| 20 |
| (g) To subpoena witnesses. To compel witnesses to attend | 21 |
| and testify
before it upon any matter concerning the Fund and | 22 |
| allow witness fees not in
excess of $6 for attendance upon any | 23 |
| one day. The President and other
members of the Board may | 24 |
| administer oaths to witnesses.
| 25 |
| (h) To appoint employees and consultants. To appoint such | 26 |
| actuarial,
medical, legal, investigational, clerical or | 27 |
| financial employees and
consultants as are necessary, and fix | 28 |
| their compensation.
| 29 |
| (i) To make rules. To make rules and regulations necessary | 30 |
| for the
administration of the affairs of the Fund.
| 31 |
| (j) To waive guardianship. To waive the requirement of | 32 |
| legal
guardianship of any minor unmarried beneficiary of the | 33 |
| Fund living with a
parent or grandparent, and legal | 34 |
| guardianship of any beneficiary under
legal disability whose | 35 |
| husband, wife, or parent is managing such
beneficiary's | 36 |
| affairs, whenever the Board deems such waiver to be in the
best |
|
|
|
HB2379 Enrolled |
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LRB094 10173 AMC 40439 b |
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| 1 |
| interest of the beneficiary.
| 2 |
| (k) To collect amounts due. To collect any amounts due to | 3 |
| the Fund from
any participant or beneficiary prior to payment | 4 |
| of any annuity, benefit or
refund.
| 5 |
| (l) To invoke rule of offset. To offset against any amount | 6 |
| payable to
an employee or to any other person such sums as may | 7 |
| be due to the Fund
or may have been paid by the Fund due to | 8 |
| misrepresentation, fraud or error.
| 9 |
| (m) To assess and collect interest on amounts due to the | 10 |
| Fund using the annual rate as shall from time to time be | 11 |
| determined by the Board, compounded annually from the date of | 12 |
| notification to the date of payment.
| 13 |
| (Source: P.A. 87-794.)
| 14 |
| Section 90. The State Mandates Act is amended by adding | 15 |
| Section 8.29 as
follows:
| 16 |
| (30 ILCS 805/8.29 new)
| 17 |
| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 18 |
| of this
Act, no reimbursement by the State is required for the | 19 |
| implementation of
any mandate created by this amendatory Act of | 20 |
| the 94th General Assembly.
| 21 |
| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law. |
|