Illinois General Assembly - Full Text of HB0275
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Full Text of HB0275  102nd General Assembly




HB0275 EnrolledLRB102 10029 RPS 15349 b

1    AN ACT concerning public employee benefits.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pension Code is amended by adding
5Section 3-110.11a and by changing Sections 8-151 and 8-165 as
7    (40 ILCS 5/3-110.11a new)
8    Sec. 3-110.11a. Optional credit under Article 5. A police
9officer may establish optional credit for up to 5 years of
10service as a participant under Article 5, provided that the
11police officer (i) was certified under the law governing the
12certification of police officers at the time the service was
13rendered, (ii) applies in writing on or before December 31,
142023, (iii) supplies satisfactory evidence of the employment,
15(iv) completes 10 years of contributing service as a police
16officer as defined in Section 3-106, and (v) pays into the fund
17the amount the police officer would have contributed if he or
18she had been a regular contributor during such period, plus an
19amount determined by the Board to be equal to the
20municipality's normal cost of the benefit, plus interest at
21the actuarially assumed rate calculated from the date the
22employee last became a police officer under this Article.
23    A police officer may not establish credit under this



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1Section for any service for which the police officer is
2eligible to receive benefits under Article 5 of this Code.
3    (40 ILCS 5/8-151)  (from Ch. 108 1/2, par. 8-151)
4    Sec. 8-151. Compensation annuity and supplemental annuity.
5    When annuity otherwise provided in this Article for the
6widow of an employee whose death results solely from injury
7incurred in the performance of an act of duty is less than 60%
8of his salary in effect at the time of the injury,
9"Compensation Annuity" equal to the difference between such
10annuity and 60% of such salary, shall be payable to her until
11the date when the employee, if alive, would have attained age
1265; and in any case where the employee's death is only partly
13due to the duty incurred injury, the "Compensation Annuity"
14shall be based on an amount equal to 40% of such salary.
15    Thereafter, the widow shall be entitled to "Supplemental
16Annuity" equal to the difference between the annuity otherwise
17provided in this Article and the annuity to which she would be
18entitled if the employee had lived and continued in the
19service at the salary in effect at the date of the injury until
20he attained age 65, and based upon her age as it would be on
21the date he would have attained 65.
22    "Compensation" or "Supplemental Annuity" shall not be
23payable unless the widow was the wife of the employee when the
24injury was incurred.
25    The city shall contribute to the fund each year the amount



HB0275 Enrolled- 3 -LRB102 10029 RPS 15349 b

1required for all compensation annuities payable during any
2such year. Supplemental Annuity shall be provided from city
3contributions after the date of the employee's death of such
4equal sums annually which when improved by interest at the
5effective rate, will be sufficient, at the time payment of
6Compensation Annuity to the widow ceases to provide
7Supplemental Annuity, as stated, for the widow throughout her
8life thereafter.
9    Unless the performance of an act or acts of duty results
10solely in the death of the employee, the annuity provided in
11this Section shall not be paid. For the purposes of this
12Section only, the death of any employee as a result of the
13exposure to and contraction of COVID-19, as evidenced by
14either (i) a confirmed positive laboratory test for COVID-19
15or COVID-19 antibodies or (ii) a confirmed diagnosis of
16COVID-19 from a licensed medical professional, shall be
17rebuttably presumed to have been contracted while in the
18performance of an act or acts of duty and the employee shall be
19rebuttably presumed to have been fatally injured while in
20active service. The presumption shall apply to any employee
21who was exposed to and contracted COVID-19 on or after March 9,
222020 and on or before June 30, 2021; except that the
23presumption shall not apply if the employee was on a leave of
24absence from his or her employment or otherwise not required
25to report for duty at the physical work space generally
26assigned to the employee, including, but not limited to,



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1working remotely, for a period of 14 or more consecutive days
2immediately prior to the date of contraction of COVID-19. For
3the purposes of determining when an employee contracted
4COVID-19 under this paragraph, the date of contraction is
5either the date that the employee was diagnosed with COVID-19
6or was unable to work due to symptoms that were later diagnosed
7as COVID-19, whichever occurred first.
8(Source: Laws 1963, p. 161.)
9    (40 ILCS 5/8-165)  (from Ch. 108 1/2, par. 8-165)
10    Sec. 8-165. Re-entry into service.
11    (a) Except as provided in subsection (c), when When an
12employee receiving age and service or prior service annuity
13who has withdrawn from service after the effective date
14re-enters service before age 65, any annuity previously
15granted and any annuity fixed for his wife shall be cancelled.
16The employee shall be credited for annuity purposes with sums
17sufficient to provide annuities equal to those cancelled, as
18of their ages on the date of re-entry; provided, the maximum
19age of the wife for this purpose shall be as provided in
20Section 8-155 of this Article.
21    The sums so credited shall provide for annuities to be
22fixed and granted in the future. Contributions by the
23employees and the city for the purposes of this Article shall
24be made, and when the proper time arrives, as provided in this
25Article, new annuities based upon the total credit for annuity



HB0275 Enrolled- 5 -LRB102 10029 RPS 15349 b

1purposes and the entire term of his service shall be fixed for
2the employee and his wife.
3    If the employee's wife died before he re-entered service,
4no part of any credits for widow's or widow's prior service
5annuity at the time annuity for his wife was fixed shall be
6credited upon re-entry into service, and no such sums shall
7thereafter be used to provide such annuity.
8    (b) Except as provided in subsection (c), when When an
9employee re-enters service after age 65, payments on account
10of any annuity previously granted shall be suspended during
11the time thereafter that he is in service, and when he again
12withdraws, annuity payments shall be resumed. If the employee
13dies in service, his widow shall receive the amount of annuity
14previously fixed for her.
15    (c) For school years beginning on or after July 1, 2021, an
16age and service or prior service annuity shall not be
17cancelled in the case of an employee who is re-employed by the
18Board of Education of the city as a Special Education
19Classroom Assistant or Classroom Assistant on a temporary and
20non-annual basis or on an hourly basis so long as the person:
21(1) does not work for compensation on more than 120 days in a
22school year; or (2) does not accept gross compensation for the
23re-employment in a school year in excess of $30,000. These
24limitations apply only to school years that begin on or after
25July 1, 2021. Re-employment under this subsection does not
26require contributions, result in service credit being earned



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1or granted, or constitute active participation in the Fund.
2(Source: P.A. 81-1536.)
3    Section 90. The State Mandates Act is amended by adding
4Section 8.45 as follows:
5    (30 ILCS 805/8.45 new)
6    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
78 of this Act, no reimbursement by the State is required for
8the implementation of any mandate created by this amendatory
9Act of the 102nd General Assembly.
10    Section 999. Effective date. This Act takes effect upon
11becoming law.