Full Text of HB1697 95th General Assembly
HB1697ham002 95TH GENERAL ASSEMBLY
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Rep. Robert S. Molaro
Filed: 5/16/2007
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| AMENDMENT TO HOUSE BILL 1697
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| AMENDMENT NO. ______. Amend House Bill 1697 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Pension Code is amended by | 5 |
| changing Sections 14-119, 14-121, 14-130, and 14-133 and by | 6 |
| adding Section 14-152.2 as follows:
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| (40 ILCS 5/14-119) (from Ch. 108 1/2, par. 14-119)
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| Sec. 14-119. Amount of widow's annuity.
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| (a) The widow's annuity shall be 50% of the amount of | 10 |
| retirement annuity
payable to the member on the date of death | 11 |
| while on retirement if an
annuitant, or on the date of his | 12 |
| death while in service if an employee,
regardless of his age on | 13 |
| such date, or on the date of withdrawal if death
occurred after | 14 |
| termination of service under the conditions prescribed in
the | 15 |
| preceding Section.
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| (b) If an eligible widow, regardless of age, has in her |
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| care any
unmarried child or children of the member under age 18 | 2 |
| (under age 22 if a
full-time student), the widow's
annuity | 3 |
| shall be increased in the amount of 5% of the retirement | 4 |
| annuity
for each such child, but the combined payments for a | 5 |
| widow and
children shall not exceed 66 2/3% of the member's | 6 |
| earned
retirement annuity.
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| The amount of retirement annuity from which the widow's
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| annuity is derived shall be that earned by the member without | 9 |
| regard to
whether he attained age 60 prior to his withdrawal | 10 |
| under the conditions
stated or prior to his death.
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| (c) Adopted children shall be considered as children of the | 12 |
| member
only if the proceedings for adoption were commenced at | 13 |
| least 1 year
prior to the member's death.
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| Marriage of a child shall render the child ineligible for | 15 |
| further
consideration in the increase in the amount of the | 16 |
| widow's annuity.
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| Attainment of age 18 (age 22 if a full-time student)
shall | 18 |
| render a child ineligible for
further consideration in the | 19 |
| increase of the widow's annuity, but the
annuity to the widow | 20 |
| shall be continued thereafter, without regard to
her age at | 21 |
| that time.
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| (d) Except as otherwise provided in this subsection (d) and | 23 |
| Section 14-152.2, a widow's annuity payable on
account of any | 24 |
| covered employee who has
shall have
been a covered employee for | 25 |
| at least 18 months shall be reduced
by 1/2 of the amount of | 26 |
| survivors benefits to which his beneficiaries are
eligible |
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| under the provisions of the Federal Social Security Act, except
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| that (1) the amount of any widow's annuity payable under this | 3 |
| Article shall
not be reduced by reason of any increase under | 4 |
| that Act which occurs after
the offset required by this | 5 |
| subsection is first applied to that annuity,
and (2) for | 6 |
| benefits granted on or after January 1, 1992, the offset under
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| this subsection (d) shall not exceed 50% of the amount of | 8 |
| widow's annuity
otherwise payable.
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| Beginning on July 1, 2008 (and except as otherwise provided | 10 |
| in Section 14-152.2), the offset under this subsection (d) | 11 |
| shall no
longer be applied to a widow's annuity of any person | 12 |
| receiving retirement benefits or a widow's annuity on the | 13 |
| effective date of this amendatory Act of the 95th General | 14 |
| Assembly.
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| Except as otherwise provided in Section 14-152.2, an active | 16 |
| member of the System first employed before January 1, 2008 must | 17 |
| file an election to have the offset under this subsection (d) | 18 |
| applied to his or her widow's annuity with the System on or | 19 |
| before March 1, 2008. If no election is made by the employee, | 20 |
| then the employee must begin making the additional 0.6% | 21 |
| contribution required under Section 14-133 and, if he or she | 22 |
| elects to do so by September 1, 2008, may elect to make the | 23 |
| contributions for any prior service. Once the member has made | 24 |
| an election or failed to make the election to have the offset | 25 |
| applied to his or her widow's annuity within the specified | 26 |
| period, the member must maintain that status until a qualifying |
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| event occurs. Upon the occurrence of a qualifying event, (i) if | 2 |
| the member's widow's annuity is subject to the offset, the | 3 |
| member may elect to remove the offset and begin to make | 4 |
| contributions for any service after that date and, within 60 | 5 |
| days after that date, make contributions for any prior service | 6 |
| without interest or (ii) if the member's widow's annuity is not | 7 |
| subject to the offset, the member may elect to have the offset | 8 |
| applied to his or her widow's annuity and cease making the | 9 |
| contributions, but shall receive no refund for the | 10 |
| contributions.
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| Except as otherwise provided in Section 14-152.2, unless an | 12 |
| active member of the System first employed on or after January | 13 |
| 1, 2008 files an election to have the offset under this | 14 |
| subsection (d) applied to his or her widow's annuity with the | 15 |
| System during his or her qualifying period, he or she shall | 16 |
| begin making the 1.1% contribution required under 14-133. After | 17 |
| the qualifying period, the member must maintain his or her | 18 |
| offset status until a qualifying event occurs. Upon the | 19 |
| occurrence of a qualifying event, (i) if the member's widow's | 20 |
| annuity is subject to the offset, the member may elect to | 21 |
| remove the offset and begin to make contributions for any | 22 |
| service after that date and, within 60 days after that date, | 23 |
| make contributions for any prior service without interest or | 24 |
| (ii) if the member's widow's annuity is not subject to the | 25 |
| offset, the member may elect to have the offset applied to his | 26 |
| or her widow's annuity and cease making the contributions, but |
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| shall receive no refund for the contributions.
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| If a member has a qualifying spouse at the time of | 3 |
| retirement and has made the additional contributions pursuant | 4 |
| to Section 14-133 to remove the offset under this subsection | 5 |
| (d) for all of his or her creditable service, then the offset | 6 |
| under this subsection (d) does not apply to the member's | 7 |
| widow's benefit. If a member has a qualifying spouse at the | 8 |
| time of retirement and has made the additional contributions | 9 |
| pursuant to Section 14-133 to remove the offset under this | 10 |
| subsection (d) for a portion of his or her creditable service, | 11 |
| then the member may either (A) receive a refund of the | 12 |
| additional contributions made and have the offset under this | 13 |
| subsection (d) apply to the member's widow's annuity or (B) | 14 |
| make the required contributions for any period for which he or | 15 |
| she has not contributed, plus interest. If a member does not | 16 |
| have a qualifying spouse at the time of retirement, then the | 17 |
| member may receive a refund of the additional contributions | 18 |
| made pursuant to Section 14-133 to remove the offset under this | 19 |
| subsection (d).
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| For the purposes of this subsection (d), "qualifying event" | 21 |
| includes a change in marital status (including the death of a | 22 |
| spouse) or the adoption or birth of a child.
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| (e) Upon the death of a recipient of a widow's annuity the | 24 |
| excess, if
any, of the member's accumulated contributions plus | 25 |
| credited interest over
all annuity payments to the member and | 26 |
| widow, exclusive of the $500 lump
sum payment, shall be paid to |
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| the named beneficiary of the widow, or if
none has been named, | 2 |
| to the estate of the widow, provided no reversionary
annuity is | 3 |
| payable.
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| (f) On January 1, 1981, any recipient of a widow's annuity | 5 |
| who was receiving
a widow's annuity on or before January 1, | 6 |
| 1971, shall have her widow's annuity
then being paid increased | 7 |
| by 1% for each full year which has elapsed from
the date the | 8 |
| widow's annuity began. On January 1, 1982, any recipient
of a | 9 |
| widow's annuity who began receiving a widow's annuity after | 10 |
| January
1, 1971, but before January 1, 1981, shall have her | 11 |
| widow's annuity then
being paid increased by 1% for each full | 12 |
| year which has elapsed from the
date the widow's annuity began. | 13 |
| On January 1, 1987, any recipient of a
widow's annuity who | 14 |
| began receiving the widow's annuity on or before January
1, | 15 |
| 1977, shall have the monthly widow's annuity increased by $1
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| for each full year which has elapsed since the date the
annuity | 17 |
| began.
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| (g) Beginning January 1, 1990, every widow's annuity shall | 19 |
| be
increased (1) on each January 1 occurring on or after the | 20 |
| commencement
of the annuity if the deceased member died while | 21 |
| receiving a retirement
annuity, or (2) in other cases, on each | 22 |
| January 1 occurring on or after
the first anniversary of the | 23 |
| commencement of the annuity, by an amount
equal to 3% of the | 24 |
| current amount of the annuity, including any previous
increases | 25 |
| under this Article. Such increases shall apply without regard | 26 |
| to
whether the deceased member was in service on or after the |
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| effective date
of Public Act 86-1488, but shall not accrue for | 2 |
| any period prior to January
1, 1990.
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| (Source: P.A. 90-448, eff. 8-16-97.)
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| (40 ILCS 5/14-121) (from Ch. 108 1/2, par. 14-121)
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| Sec. 14-121. Amount of survivors annuity. A survivors | 6 |
| annuity
beneficiary shall be entitled upon death of the member | 7 |
| to a single sum
payment of $1,000, payable pro rata among all | 8 |
| persons entitled thereto,
together with a survivors annuity | 9 |
| payable at the rates and under the
conditions specified in this | 10 |
| Article.
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| (a) If the survivors annuity beneficiary is a spouse, the | 12 |
| survivors
annuity shall be 30% of final average compensation | 13 |
| subject to a maximum
payment of $400 per month.
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| (b) If an eligible child or children under the care of a | 15 |
| spouse also
survives the member, such spouse as natural | 16 |
| guardian of the child or
children shall receive, in addition to | 17 |
| the foregoing annuity, 20% of final
average compensation on | 18 |
| account of each such child and 10% of final average
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| compensation divided pro rata among such children, subject to a | 20 |
| maximum
payment on account of all survivor annuity | 21 |
| beneficiaries of $600 per month,
or 80% of the member's final | 22 |
| average compensation, whichever is the lesser.
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| (c) If the survivors annuity beneficiary or beneficiaries | 24 |
| consists of
an unmarried child or children, the amount of | 25 |
| survivors annuity shall be
20% of final average compensation to |
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| each child, and 10% of final average
compensation divided pro | 2 |
| rata among all such children entitled to such annuity,
subject | 3 |
| to a maximum payment to all children combined of $600 per month
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| or 80% of the member's final average compensation, whichever is | 5 |
| the lesser.
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| (d) If the survivors annuity beneficiary is one or more | 7 |
| dependent parents,
the annuity shall be 20% of final average | 8 |
| compensation to each parent and
10% of final average | 9 |
| compensation divided pro rata among the parents who
qualify for | 10 |
| this annuity, subject to a maximum payment to both dependent
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| parents of $400 per month.
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| (e) The survivors annuity to the spouse, children or | 13 |
| dependent parents of
a member whose death occurs after the date | 14 |
| of last withdrawal, or after
retirement, or while in service | 15 |
| following reentry into service after
retirement but before | 16 |
| completing 1 1/2 years of additional creditable
service, shall | 17 |
| not exceed the lesser of 80% of the member's earned
retirement | 18 |
| annuity at the date of death or the maximum previously
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| established in this Section.
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| (f) In applying the limitation prescribed on the combined | 21 |
| payments to
2 or more survivors annuity beneficiaries, the | 22 |
| annuity on account of each
beneficiary shall be reduced pro | 23 |
| rata until such time as the number of
beneficiaries makes the | 24 |
| reduction no longer applicable.
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| (g) Except as otherwise provided in this subsection (g) and | 26 |
| Section 14-152.2, a survivors annuity payable on account of
any |
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| covered employee who has
shall have been a covered employee for | 2 |
| at
least 18 months at date of death or last withdrawal, | 3 |
| whichever is the later,
shall be reduced by 1/2 of the | 4 |
| survivors benefits to which his beneficiaries
are eligible | 5 |
| under the federal Social Security Act, except that (1) the
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| survivors annuity payable under this Article shall not be | 7 |
| reduced by any
increase under that Act which occurs after the | 8 |
| offset required by this
subsection is first applied to that | 9 |
| annuity, (2) for benefits granted on or
after January 1, 1992, | 10 |
| the offset under this subsection (g) shall not exceed
50% of | 11 |
| the amount of survivors annuity otherwise payable.
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| Beginning on July 1, 2008 (and except as otherwise provided | 13 |
| in Section 14-152.2), the offset under this subsection (g) | 14 |
| shall no
longer be applied to a survivors annuity of any person | 15 |
| receiving retirement benefits or a survivors annuity on the | 16 |
| effective date of this amendatory Act of the 95th General | 17 |
| Assembly.
| 18 |
| Except as otherwise provided in Section 14-152.2, an active | 19 |
| member of the System first employed before January 1, 2008 must | 20 |
| file an election to have the offset under this subsection (g) | 21 |
| applied to his or her survivors annuity with the System on or | 22 |
| before March 1, 2008. If no election is made by the employee, | 23 |
| then the employee must begin making the additional 0.6% | 24 |
| contribution required pursuant to Section 14-133 and, if he or | 25 |
| she elects to do so by September 1, 2008, may elect to make the | 26 |
| contributions for any prior service. Once the member has made |
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| an election or failed to make the election to have the offset | 2 |
| applied to his or her survivors annuity within the specified | 3 |
| period, the member must maintain that status until a qualifying | 4 |
| event occurs. Upon the occurrence of a qualifying event, (i) if | 5 |
| the member's survivors annuity is subject to the offset, the | 6 |
| member may elect to remove the offset and begin to make | 7 |
| contributions for any service after that date and, within 60 | 8 |
| days after that date, make contributions for any prior service | 9 |
| without interest or (ii) if the member's survivors annuity is | 10 |
| not subject to the offset, the member may elect to have the | 11 |
| offset applied to his or her survivors annuity and cease making | 12 |
| the contributions, but shall receive no refund for the | 13 |
| contributions.
| 14 |
| Except as otherwise provided in Section 14-152.2, unless an | 15 |
| active member of the System first employed on or after January | 16 |
| 1, 2008 files an election to have the offset under this | 17 |
| subsection (g) applied to his or her survivors annuity with the | 18 |
| System during his or her qualifying period, he or she shall | 19 |
| begin making the 1.1% contribution required under 14-133. After | 20 |
| the qualifying period, the member must maintain his or her | 21 |
| offset status until a qualifying event occurs. Upon the | 22 |
| occurrence of a qualifying event, (i) if the member's survivors | 23 |
| annuity is subject to the offset, the member may elect to | 24 |
| remove the offset and begin to make contributions for any | 25 |
| service after that date and, within 60 days after that date, | 26 |
| make contributions for any prior service without interest or |
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| (ii) if the member's survivors annuity is not subject to the | 2 |
| offset, the member may elect to have the offset applied to his | 3 |
| or her survivors annuity and cease making the contributions, | 4 |
| but shall receive no refund for the contributions.
| 5 |
| If a member has a qualifying survivor at the time of | 6 |
| retirement and has made the additional contributions pursuant | 7 |
| to Section 14-133 to remove the offset under this subsection | 8 |
| (g) for all of his or her creditable service, then the offset | 9 |
| under this subsection (d) does not apply to the member's | 10 |
| survivors benefit. If a member has a qualifying survivor at the | 11 |
| time of retirement and has made the additional contributions | 12 |
| under Section 14-133 to remove the offset under this subsection | 13 |
| (g) for a portion of his or her creditable service, then the | 14 |
| member may either (A) receive a refund of the additional | 15 |
| contributions made and have the offset under this subsection | 16 |
| (g) apply to the member's survivors annuity or (B) make the | 17 |
| required contributions for any period for which he or she has | 18 |
| not contributed, plus interest. If a member does not have a | 19 |
| qualifying survivor at the time of retirement, then the member | 20 |
| may receive a refund of the additional contributions made | 21 |
| pursuant to Section 14-133 to remove the offset under this | 22 |
| subsection (g).
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| For the purposes of this subsection (g), "qualifying event" | 24 |
| includes a change in marital status (including the death of a | 25 |
| spouse) or the adoption or birth of a child.
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| (h) The minimum payment to a beneficiary hereunder shall be |
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| $60 per month,
which shall be reduced in accordance with the | 2 |
| limitation prescribed on the
combined payments to all | 3 |
| beneficiaries of a member.
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| (i) Subject to the conditions set forth in Section 14-120, | 5 |
| the minimum
total survivors annuity benefit payable to the | 6 |
| survivors annuity beneficiaries
of a deceased member or | 7 |
| annuitant whose death occurs on or after January
1, 1984, shall | 8 |
| be 50% of the amount of retirement annuity that was or would
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| have been payable to the deceased on the date of death, | 10 |
| regardless of the
age of the deceased on such date. If the | 11 |
| minimum total benefit provided
by this subsection exceeds the | 12 |
| maximum otherwise imposed by this Section,
the minimum total | 13 |
| benefit shall nevertheless be payable. Any increase in
the | 14 |
| total survivors annuity benefit resulting from the operation of | 15 |
| this
subsection shall be divided among the survivors annuity | 16 |
| beneficiaries of
the deceased in proportion to their shares of | 17 |
| the total survivors annuity
benefit otherwise payable under | 18 |
| this Section.
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| (j) Any survivors annuity beneficiary whose annuity | 20 |
| terminates due to any
condition specified in this Article other | 21 |
| than death shall be entitled to
a refund of the excess, if any, | 22 |
| of the accumulated contributions of the
member plus credited | 23 |
| interest over all payments to the member and beneficiary
or | 24 |
| beneficiaries, exclusive of the single sum payment of $1,000, | 25 |
| provided
no future survivors or reversionary annuity benefits | 26 |
| are payable.
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| (k) Upon the death of the last eligible recipient of a | 2 |
| survivors
annuity the excess, if any, of the member's | 3 |
| accumulated contributions plus
credited interest over all | 4 |
| annuity payments to the member and survivors
exclusive of the | 5 |
| single sum payment of $1000, shall be paid to the named
| 6 |
| beneficiary of the last eligible survivor, or if none has been | 7 |
| named, to
the estate of the last eligible survivor, provided no | 8 |
| reversionary annuity
is payable.
| 9 |
| (l) On January 1, 1981, any survivor who was receiving a | 10 |
| survivors
annuity on or before January 1, 1971, shall have his | 11 |
| survivors annuity then
being paid increased by 1% for each full | 12 |
| year which has elapsed from the
date the annuity began. On | 13 |
| January 1, 1982, any survivor who began receiving
a survivor's | 14 |
| annuity after January 1, 1971, but before January 1, 1981,
| 15 |
| shall have his survivor's annuity then being paid increased by | 16 |
| 1% for each
full year that has elapsed from the date the | 17 |
| annuity began.
On January 1, 1987, any survivor who began | 18 |
| receiving a survivor's annuity
on or before January 1, 1977, | 19 |
| shall have the monthly survivor's annuity
increased by $1 for | 20 |
| each full year which has elapsed since the date the
survivor's | 21 |
| annuity began.
| 22 |
| (m) Beginning January 1, 1990, every survivor's annuity | 23 |
| shall be increased
(1) on each January 1 occurring on or after | 24 |
| the commencement of the annuity if
the deceased member died | 25 |
| while receiving a retirement annuity, or (2) in
other cases, on | 26 |
| each January 1 occurring on or after the first anniversary
of |
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| the commencement of the annuity, by an amount equal to 3% of | 2 |
| the current
amount of the annuity, including any previous | 3 |
| increases under this Article.
Such increases shall apply | 4 |
| without regard to whether the deceased member
was in service on | 5 |
| or after the effective date of Public Act 86-1488,
but shall | 6 |
| not accrue for any period prior to January 1, 1990.
| 7 |
| (Source: P.A. 86-273; 86-1488; 87-794.)
| 8 |
| (40 ILCS 5/14-130) (from Ch. 108 1/2, par. 14-130)
| 9 |
| Sec. 14-130. Refunds; rules.
| 10 |
| (a) Upon withdrawal a member is entitled to receive, upon | 11 |
| written
request, a refund of the member's contributions, | 12 |
| including credits granted
while in receipt of disability | 13 |
| benefits, without credited interest. The
board, in its | 14 |
| discretion may withhold payment of the refund of a member's
| 15 |
| contributions for a period not to exceed 1 year after the | 16 |
| member has ceased
to be an employee.
| 17 |
| For purposes of this Section, a member will be considered | 18 |
| to have
withdrawn from service if a change in, or transfer of, | 19 |
| his position
results in his becoming ineligible for continued | 20 |
| membership in this
System and eligible for membership in | 21 |
| another public retirement system
under this Act.
| 22 |
| (b) A member receiving a refund forfeits and relinquishes | 23 |
| all
accrued rights in the System, including all accumulated | 24 |
| creditable
service. If the person again becomes a member of the | 25 |
| System and
establishes at least 2 years of creditable service, |
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| the member may repay
all the moneys previously refunded or a | 2 |
| portion of the moneys previously refunded representing | 3 |
| contributions for one or more whole months of creditable | 4 |
| service. If a member repays a portion of moneys previously | 5 |
| refunded, he or she may later repay some or all of the | 6 |
| remaining portion of those previously refunded moneys. | 7 |
| However, a former member may restore
credits previously | 8 |
| forfeited by acceptance of a refund without returning to
| 9 |
| service by applying in writing and repaying to the System, by | 10 |
| April 1,
1993, the amount of the refund plus regular interest | 11 |
| calculated from the
date of refund to the date of repayment.
| 12 |
| The repayment of refunds issued prior to January 1, 1984 | 13 |
| shall consist
of the amount refunded plus 5% interest per annum | 14 |
| compounded annually for
the period from the date of the refund | 15 |
| to the end of the month in which
repayment is made. The | 16 |
| repayment of refunds issued after January 1, 1984
shall consist | 17 |
| of the amount refunded plus regular interest for the period
| 18 |
| from the date of refund to the end of the month in which | 19 |
| repayment is made.
The repayment of the refund of a person who | 20 |
| accepts an alternative retirement cancellation payment under | 21 |
| Section 14-108.5 shall consist of the entire amount paid to the | 22 |
| person under subsection (c) of Section 14-108.5 plus regular | 23 |
| interest for the period from the date of the refund to the end | 24 |
| of the month in which repayment is made. However, in the case | 25 |
| of a refund that is repaid in a lump sum between
January 1, | 26 |
| 1991 and July 1, 1991, repayment shall consist of the amount
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| refunded plus interest at the rate of 2.5% per annum compounded | 2 |
| annually
from the date of the refund to the end of the month in | 3 |
| which repayment is made.
| 4 |
| Upon repayment, the member shall receive credit for the
| 5 |
| service for which the refund has been repaid, and the | 6 |
| corresponding member contributions and regular interest that | 7 |
| was forfeited by
acceptance of the refund, as well as regular | 8 |
| interest for the period of
non-membership. Such repayment shall | 9 |
| be made in full before retirement
either in a lump sum or in | 10 |
| installment payments in accordance with such
rules as may be | 11 |
| adopted by the board.
| 12 |
| (b-5) The Board may adopt rules governing the repayment of | 13 |
| refunds
and establishment of credits in cases involving awards | 14 |
| of back pay or
reinstatement. The rules may authorize repayment | 15 |
| of a refund in installment
payments and may waive the payment | 16 |
| of interest on refund amounts repaid in
full within a specified | 17 |
| period.
| 18 |
| (c) A member no longer in service who is unmarried and does | 19 |
| not have an eligible survivors annuity
beneficiary on the date | 20 |
| of application therefor is
entitled to a refund of | 21 |
| contributions for widow's annuity or survivors
annuity | 22 |
| purposes, or both, as the case may be, including the increased | 23 |
| amounts paid pursuant to the increase in contribution rates for | 24 |
| widow or survivors annuity purposes under Section 14-133 by | 25 |
| this amendatory Act of the 95th General Assembly, without | 26 |
| interest. A widow's
annuity or survivors annuity shall not be |
|
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| payable upon the death of a person
who has received this | 2 |
| refund, unless prior to that death the amount of the
refund has | 3 |
| been repaid to the System, together with regular interest from | 4 |
| the
date of the refund to the date of repayment.
| 5 |
| (d) Any member who has service credit in any position for | 6 |
| which an
alternative retirement annuity is provided and in | 7 |
| relation to which an
increase in the rate of employee | 8 |
| contribution is required, shall be
entitled to a refund, | 9 |
| without interest, of that part of the member's
employee | 10 |
| contribution which results from that increase in the employee
| 11 |
| rate if the member does not qualify for that alternative | 12 |
| retirement
annuity at the time of retirement.
| 13 |
| (Source: P.A. 93-839, eff. 7-30-04; 94-455, eff. 8-4-05.)
| 14 |
| (40 ILCS 5/14-133) (from Ch. 108 1/2, par. 14-133)
| 15 |
| Sec. 14-133. Contributions on behalf of members.
| 16 |
| (a) Each participating employee shall make contributions | 17 |
| to the System,
based on the employee's compensation, as | 18 |
| follows:
| 19 |
| (1) Covered employees, except as indicated below, 3.5% | 20 |
| for
retirement annuity, and 0.5% for a widow or survivors
| 21 |
| annuity . After July 1, 2008, the retirement contribution | 22 |
| for a covered employee is increased 0.6% if the Social | 23 |
| Security offset is removed from his or her widow's or | 24 |
| survivors annuity, thus making his or her total | 25 |
| contribution for that purpose 1.1%. ;
|
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| (2) Noncovered employees, except as indicated below, | 2 |
| 7% for retirement
annuity and 1% for a widow or survivors | 3 |
| annuity . ;
| 4 |
| (3) Noncovered employees serving in a position in which | 5 |
| "eligible
creditable service" as defined in Section 14-110 | 6 |
| may be earned, 1% for a widow
or survivors annuity
plus the | 7 |
| following amount for retirement annuity: 8.5% through | 8 |
| December 31,
2001; 9.5% in 2002; 10.5% in 2003; and 11.5% | 9 |
| in 2004 and thereafter . ;
| 10 |
| (4) Covered employees serving in a position in which | 11 |
| "eligible creditable
service" as defined in Section 14-110 | 12 |
| may be earned, 0.5% for a widow or survivors annuity ,
plus | 13 |
| the following amount for retirement annuity: 5% through | 14 |
| December 31,
2001; 6% in 2002; 7% in 2003; and 8% in 2004 | 15 |
| and thereafter . After July 1, 2008, the retirement | 16 |
| contribution for a covered employee is increased 0.6% to | 17 |
| remove the Social Security offset from his or her widow's | 18 |
| or survivors annuity, thus making his or her total | 19 |
| contribution for that purpose 1.1%. ;
| 20 |
| (5) Each security employee of the Department of | 21 |
| Corrections
or of the Department of Human Services who is a | 22 |
| covered employee, 0.5% for a widow or survivors annuity ,
| 23 |
| plus the following amount for retirement annuity: 5% | 24 |
| through December 31,
2001; 6% in 2002; 7% in 2003; and 8% | 25 |
| in 2004 and thereafter . After July 1, 2008, the retirement | 26 |
| contribution for a covered employee is increased 0.6% to |
|
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| remove the Social Security offset from his or her widow's | 2 |
| or survivors annuity, thus making his or her total | 3 |
| contribution for that purpose 1.1%. ;
| 4 |
| (6) Each security employee of the Department of | 5 |
| Corrections
or of the Department of Human Services who is | 6 |
| not a covered employee, 1% for a widow or survivors annuity
| 7 |
| plus the following amount for retirement annuity: 8.5% | 8 |
| through December 31,
2001; 9.5% in 2002; 10.5% in 2003; and | 9 |
| 11.5% in 2004 and thereafter.
| 10 |
| (b) Contributions shall be in the form of a deduction from
| 11 |
| compensation and shall be made notwithstanding that the | 12 |
| compensation
paid in cash to the employee shall be reduced | 13 |
| thereby below the minimum
prescribed by law or regulation. Each | 14 |
| member is deemed to consent and
agree to the deductions from | 15 |
| compensation provided for in this Article,
and shall receipt in | 16 |
| full for salary or compensation.
| 17 |
| (c) The increase in contributions by covered members for | 18 |
| widow or survivors annuity purposes provided by this amendatory | 19 |
| Act of the 95th General Assembly does not apply to persons who | 20 |
| first become members of the System on or after July 1, 2013, if | 21 |
| the new benefit increase created by this amendatory Act expires | 22 |
| in accordance with Section 14-152.1(d) and Section 14-152.2.
| 23 |
| (Source: P.A. 92-14, eff. 6-28-01.)
| 24 |
| (40 ILCS 5/14-152.2 new)
| 25 |
| Sec. 14-152.2. New benefit increases. The General Assembly |
|
|
|
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| finds and declares that the amendment to Sections 14-119 and | 2 |
| 14-121 made by this amendatory Act of the 95th General | 3 |
| Assembly, which removes the social security offset from certain | 4 |
| widow's and survivors annuities beginning July 1, 2008, | 5 |
| constitutes a new benefit increase within the meaning of | 6 |
| Section 14-152.1. Funding for this new benefit increase will be | 7 |
| provided by the additional employee contributions made under | 8 |
| Section 14-133 by this amendatory Act. | 9 |
| Unless this new benefit increase is extended by the General | 10 |
| Assembly, it will expire on July 1, 2013. If this new benefit | 11 |
| increase expires: | 12 |
| (i) for persons who first become members of the System | 13 |
| on or after the July 1, 2013 expiration date (and their | 14 |
| widows and survivors), the social security offsets under | 15 |
| Section 14-119(d) and Section 14-121(g), as they existed | 16 |
| immediately prior to the effective date of this amendatory | 17 |
| Act, are reinstated, and the increase in contributions by | 18 |
| covered members for widow or survivors annuity purposes | 19 |
| under Section 14-133 does not apply; and | 20 |
| (ii) for persons who first become members of the System | 21 |
| before July 1, 2013 and made the required elective | 22 |
| contributions under Section 14-133 (and their widows and | 23 |
| survivors), the social security offsets under Section | 24 |
| 14-119(d) and Section 14-121(g) remain inapplicable after | 25 |
| July 1, 2008 and the increase in contributions by covered | 26 |
| members for widow or survivors annuity purposes under |
|
|
|
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LRB095 07041 AMC 36267 a |
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| 1 |
| Section 14-133 remains in effect.
| 2 |
| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.".
|
|