Full Text of SB2492 94th General Assembly
SB2492 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2492
Introduced 1/18/2006, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/16-143 |
from Ch. 108 1/2, par. 16-143 |
40 ILCS 5/16-203 |
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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. Includes language exempting the changes from provisions concerning new benefit increases. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
PENSION IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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SB2492 |
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LRB094 18828 AMC 54239 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 16-143 and 16-203 as follows:
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| (40 ILCS 5/16-143) (from Ch. 108 1/2, par. 16-143)
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| 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:
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| (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.
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| (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.
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| (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.
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| (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.
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| (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 |
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SB2492 |
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LRB094 18828 AMC 54239 b |
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| 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
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| proportionately according to the ratio which the amount of each
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| proportional survivors' benefit bears to the aggregate of all
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| 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
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| 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.
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| (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.
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| 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.
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| (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.
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| (Source: P.A. 90-448, eff. 8-16-97; 91-887, eff. 7-6-00.)
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| (40 ILCS 5/16-203)
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| Sec. 16-203. Application and expiration of new benefit |
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LRB094 18828 AMC 54239 b |
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| increases. | 2 |
| (a) As used in this Section, "new benefit increase" means | 3 |
| an increase in the amount of any benefit provided under this | 4 |
| Article, or an expansion of the conditions of eligibility for | 5 |
| any benefit under this Article, that results from an amendment | 6 |
| to this Code that takes effect after June 1, 2005 ( the | 7 |
| effective date of Public Act 94-4)
this amendatory Act of the | 8 |
| 94th General Assembly . "New benefit increase", however, does | 9 |
| not include any benefit increase resulting from the changes | 10 |
| made to this Article by this amendatory Act of the 94th General | 11 |
| Assembly.
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| (b) Notwithstanding any other provision of this Code or any | 13 |
| subsequent amendment to this Code, every new benefit increase | 14 |
| is subject to this Section and shall be deemed to be granted | 15 |
| only in conformance with and contingent upon compliance with | 16 |
| the provisions of this Section.
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| (c) The Public Act enacting a new benefit increase must | 18 |
| identify and provide for payment to the System of additional | 19 |
| funding at least sufficient to fund the resulting annual | 20 |
| increase in cost to the System as it accrues. | 21 |
| Every new benefit increase is contingent upon the General | 22 |
| Assembly providing the additional funding required under this | 23 |
| subsection. The Commission on Government Forecasting and | 24 |
| Accountability shall analyze whether adequate additional | 25 |
| funding has been provided for the new benefit increase and | 26 |
| shall report its analysis to the Public Pension Division of the | 27 |
| Department of Financial and Professional Regulation. A new | 28 |
| benefit increase created by a Public Act that does not include | 29 |
| the additional funding required under this subsection is null | 30 |
| and void. If the Public Pension Division determines that the | 31 |
| additional funding provided for a new benefit increase under | 32 |
| this subsection is or has become inadequate, it may so certify | 33 |
| to the Governor and the State Comptroller and, in the absence | 34 |
| of corrective action by the General Assembly, the new benefit | 35 |
| increase shall expire at the end of the fiscal year in which | 36 |
| the certification is made.
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| (d) Every new benefit increase shall expire 5 years after | 2 |
| its effective date or on such earlier date as may be specified | 3 |
| in the language enacting the new benefit increase or provided | 4 |
| under subsection (c). This does not prevent the General | 5 |
| Assembly from extending or re-creating a new benefit increase | 6 |
| by law. | 7 |
| (e) Except as otherwise provided in the language creating | 8 |
| the new benefit increase, a new benefit increase that expires | 9 |
| under this Section continues to apply to persons who applied | 10 |
| and qualified for the affected benefit while the new benefit | 11 |
| increase was in effect and to the affected beneficiaries and | 12 |
| alternate payees of such persons, but does not apply to any | 13 |
| other person, including without limitation a person who | 14 |
| continues in service after the expiration date and did not | 15 |
| apply and qualify for the affected benefit while the new | 16 |
| benefit increase was in effect.
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| (Source: P.A. 94-4, eff. 6-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
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