Full Text of SB2795 101st General Assembly
SB2795sam001 101ST GENERAL ASSEMBLY | Sen. Robert F. Martwick Filed: 2/19/2020
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| 1 | | AMENDMENT TO SENATE BILL 2795
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2795 as follows:
| 3 | | on page 1, line 5, by replacing "7-141," with "2-121.3, 7-141, | 4 | | 14-121.1,"; and | 5 | | on page 1, line 5, by replacing "and 16-142.3" with "16-142.3, | 6 | | and 18-128.3"; and | 7 | | on page 1, immediately below line 5, by inserting the | 8 | | following:
| 9 | | "(40 ILCS 5/2-121.3) (from Ch. 108 1/2, par. 2-121.3)
| 10 | | Sec. 2-121.3. Required distributions. (a) A person who | 11 | | would be
eligible to receive a survivor's annuity under this | 12 | | Article but for the
fact that the person has not yet attained | 13 | | age 50, shall be eligible for a
monthly distribution under this | 14 | | subsection (a), provided that the payment
of such distribution |
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| 1 | | is required by federal law.
| 2 | | The distribution shall become payable on (i) July 1, 1987, | 3 | | (ii) December
1 of the calendar year immediately following the | 4 | | calendar year in which the
deceased spouse died, or (iii) | 5 | | December 1 of the calendar year in which the
deceased spouse | 6 | | would have attained age 72 70 1/2 , whichever occurs last, and
| 7 | | shall remain payable until the first of the following to occur: | 8 | | (1) the
person becomes eligible to receive a survivor's annuity | 9 | | under this Article;
(2) the end of the month in which the | 10 | | person ceases to be eligible to
receive a survivor's annuity | 11 | | upon attainment of age 50, due to remarriage
or death; or (3) | 12 | | the end of the month in which such distribution ceases to
be | 13 | | required by federal law.
| 14 | | The amount of the distribution shall be fixed at the time | 15 | | the
distribution first becomes payable, and shall be calculated | 16 | | in the same
manner as a survivor's annuity under Sections | 17 | | 2-121, 2-121.1 and 2-121.2,
but excluding: (A) any requirement | 18 | | for an application for the distribution;
(B) any automatic | 19 | | annual increases, supplemental increases, or one-time
| 20 | | increases that may be provided by law for survivor's annuities; | 21 | | and (C) any
lump-sum or death benefit.
| 22 | | (b) For the purpose of this Section, a distribution shall | 23 | | be deemed to be
required by federal law if: (1) directly | 24 | | mandated by federal statute, rule,
or administrative or court | 25 | | decision; or (2) indirectly mandated through
imposition of | 26 | | substantial tax or other penalties for noncompliance.
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| 1 | | (c) Notwithstanding Section 1-103.1 of this Code, a member | 2 | | need not be
in service on or after the effective date of this | 3 | | amendatory Act of 1989
for the member's surviving spouse to be | 4 | | eligible for a
distribution under this Section.
| 5 | | (Source: P.A. 86-273.)"; and
| 6 | | on page 2, immediately below line 17, by inserting the | 7 | | following:
| 8 | | "(40 ILCS 5/14-121.1) (from Ch. 108 1/2, par. 14-121.1)
| 9 | | Sec. 14-121.1. Required distributions. (a) A person who | 10 | | would be
eligible to receive a widow's or survivor's annuity | 11 | | under this Article but
for the fact that the person has not yet | 12 | | attained age 50, shall be eligible
for a monthly distribution | 13 | | under this subsection (a), provided that the
payment of such | 14 | | distribution is required by federal law.
| 15 | | The distribution shall become payable on (i) July 1, 1987, | 16 | | (ii) December
1 of the calendar year immediately following the | 17 | | calendar year in which the
deceased spouse died, or (iii) | 18 | | December 1 of the calendar year in which the
deceased spouse | 19 | | would have attained age 72 70 1/2 , whichever occurs last, and
| 20 | | shall remain payable until the first of the following to occur: | 21 | | (1) the
person becomes eligible to receive a widow's or | 22 | | survivor's annuity under
this Article; (2) the end of the month | 23 | | in which the person
ceases to be eligible to receive a widow's | 24 | | or survivor's annuity upon
attainment of age 50, due to |
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| 1 | | remarriage or death; or (3) the end of the
month in which such | 2 | | distribution ceases to be required by federal law.
| 3 | | The amount of the distribution shall be fixed at the time | 4 | | the
distribution first becomes payable, and shall be calculated | 5 | | in the same
manner as a survivor's annuity under Sections | 6 | | 14-120, 14-121 and 14-122
(or, in the case of a person who has | 7 | | elected to receive a widow's annuity
instead of a survivor's | 8 | | annuity, in the same manner as the widow's annuity
under | 9 | | Sections 14-118 and 14-119), but excluding: (A) any requirement | 10 | | for
an application for the distribution; (B) any automatic | 11 | | annual increases,
supplemental increases, or one-time | 12 | | increases that may be provided by law
for survivor's or widow's | 13 | | annuities; and (C) any lump-sum or death benefit.
| 14 | | (b) For the purpose of this Section, a distribution shall | 15 | | be deemed to be
required by federal law if: (1) directly | 16 | | mandated by federal statute, rule,
or administrative or court | 17 | | decision; or (2) indirectly mandated through
imposition of | 18 | | substantial tax or other penalties for noncompliance.
| 19 | | (c) Notwithstanding Section 1-103.1 of this Code, a member | 20 | | need not be
in service on or after the effective date of this | 21 | | amendatory Act of 1989
for the member's surviving spouse to be | 22 | | eligible for a
distribution under this Section.
| 23 | | (Source: P.A. 86-273.)"; and
| 24 | | on page 6, immediately below line 12, by inserting the | 25 | | following:
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| 1 | | "(40 ILCS 5/18-128.3) (from Ch. 108 1/2, par. 18-128.3)
| 2 | | Sec. 18-128.3. Required distributions. (a) A person who | 3 | | would be
eligible to receive a survivor's annuity under this | 4 | | Article but for the
fact that the person has not yet attained | 5 | | age 50, shall be eligible for a
monthly distribution under this | 6 | | subsection (a), provided that the payment
of such distribution | 7 | | is required by federal law.
| 8 | | The distribution shall become payable on (i) July 1, 1987, | 9 | | (ii) December
1 of the calendar year immediately following the | 10 | | calendar year in which the
deceased spouse died, or (iii) | 11 | | December 1 of the calendar year in which the
deceased spouse | 12 | | would have attained age 72 70 1/2 , whichever occurs last, and
| 13 | | shall remain payable until the first of the following to occur: | 14 | | (1) the
person becomes eligible to receive a survivor's annuity | 15 | | under this Article;
(2) the end of the month in which the | 16 | | person ceases to be eligible to
receive a survivor's annuity | 17 | | upon attainment of age 50, due to remarriage
or death; or (3) | 18 | | the end of the month in which such distribution ceases to
be | 19 | | required by federal law.
| 20 | | The amount of the distribution shall be fixed at the time | 21 | | the
distribution first becomes payable, and shall be calculated | 22 | | in the same
manner as a survivor's annuity under Sections | 23 | | 18-128 through 18-128.2,
but excluding: (A) any requirement for
| 24 | | an application for the distribution; (B) any automatic annual | 25 | | increases,
supplemental increases, or one-time increases that |
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| 1 | | may be provided by law
for survivor's annuities; and (C) any | 2 | | lump-sum or death benefit.
| 3 | | (b) For the purpose of this Section, a distribution shall | 4 | | be deemed to be
required by federal law if: (1) directly | 5 | | mandated by federal statute, rule,
or administrative or court | 6 | | decision; or (2) indirectly mandated through
imposition of | 7 | | substantial tax or other penalties for noncompliance.
| 8 | | (c) Notwithstanding Section 1-103.1 of this Code, a member | 9 | | need not be
in service on or after the effective date of this | 10 | | amendatory Act of 1989
for the member's surviving spouse to be | 11 | | eligible for a
distribution under this Section.
| 12 | | (Source: P.A. 86-273.)".
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