Full Text of HB1763 097th General Assembly
HB1763 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1763 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/8-167 | from Ch. 108 1/2, par. 8-167 | 30 ILCS 805/8.35 new | |
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Amends the Chicago Municipal Article of the Illinois Pension Code. In provisions concerning the restoration of rights after receipt of a refund, removes language restricting repayment of the refund within certain periods and provides that, if the employee withdraws from service or dies in service during a specified period, any payments made shall be refunded without interest thereon and in accordance with a refund provisions of the Article. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | PENSION IMPACT NOTE ACT MAY APPLY | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Section 8-167 as follows:
| 6 | | (40 ILCS 5/8-167)
(from Ch. 108 1/2, par. 8-167)
| 7 | | Sec. 8-167. Restoration of rights. An employee who has | 8 | | withdrawn as a refund the amounts credited for
annuity | 9 | | purposes, and who (i) re-enters service of the employer and
| 10 | | serves for periods
comprising at least 90 days after the date | 11 | | of the last refund
paid to
him or her
or (ii) has completed at | 12 | | least 2 years of service under a participating
system (as | 13 | | defined in the Retirement Systems Reciprocal Act) other than | 14 | | this
Fund after the date of the last refund,
shall have his or | 15 | | her annuity rights restored by compliance with the
following | 16 | | provisions:
| 17 | | (a) The employee After that 90 day or 2 year period, | 18 | | whichever applies,
he shall repay in full to the fund, | 19 | | while in
service, all refunds received, together with | 20 | | interest at the
effective rate from the dates of refund to | 21 | | the date of repayment.
| 22 | | (b) If payment is not made in a single sum, the | 23 | | repayment may be
made in installments by deductions from |
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| 1 | | salary or otherwise in such
manner and amounts and manner | 2 | | as the board, by rule, may prescribe, with
interest
at the | 3 | | effective rate accruing on unpaid balances.
| 4 | | (c) If the employee withdraws from service or dies in | 5 | | service before
full repayment is made,
service credit shall | 6 | | be restored in accordance with Section 8-230.3(b).
| 7 | | (d) If the employee withdraws from service or dies in | 8 | | service during the required 90-day or 2-year period, any | 9 | | payments made shall be refunded without interest thereon | 10 | | and in accordance with a refund provisions of this Article. | 11 | | (e) If the employee repays the refund while | 12 | | participating in a
participating system (as defined in the | 13 | | Retirement Systems Reciprocal
Act) other than this Fund, | 14 | | the service credit restored must be used for a
proportional | 15 | | annuity calculated in accordance with the Retirement | 16 | | Systems
Reciprocal Act. If not so used, the restored | 17 | | service credit shall be
forfeited and the amount of the | 18 | | repayment shall be refunded, without
interest.
| 19 | | This Section applies also to any person who received a | 20 | | refund from
any annuity and benefit fund or pension fund which | 21 | | was merged into and
superseded by the annuity and benefit fund | 22 | | provided for in this Article
on or after December 31, 1959. | 23 | | Upon repayment such person shall receive
credit for all annuity | 24 | | purposes in the annuity and benefit fund provided
for in this | 25 | | Article for the period of service covered by the repayment.
| 26 | | The amount of refund repayment is considered as salary |
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| 1 | | deductions for
age and service annuity and widow's annuity | 2 | | purposes in the case of a
male person. In the latter case the | 3 | | amount of refund repayment is
allocated in the applicable | 4 | | proportion for age and service and widow's
annuity purposes. | 5 | | Such person shall also be credited with city
contributions for | 6 | | age and service annuity, and widow's annuity if a male
| 7 | | employee, in the amount which would have been credited and | 8 | | accrued if
such person had been a participant in and | 9 | | contributor to the annuity and
benefit fund provided for in | 10 | | this Article during the period of such
service on the basis of | 11 | | his salary during such period.
| 12 | | (Source: P.A. 93-654, eff. 1-16-04.)
| 13 | | Section 90. The State Mandates Act is amended by adding | 14 | | Section 8.35 as follows: | 15 | | (30 ILCS 805/8.35 new) | 16 | | Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8 | 17 | | of this Act, no reimbursement by the State is required for the | 18 | | implementation of any mandate created by this amendatory Act of | 19 | | the 97th General Assembly. | 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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