Full Text of HB2035 103rd General Assembly
HB2035enr 103RD GENERAL ASSEMBLY |
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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 | 5 | | changing Sections 13-309, 13-310, 13-314, and 13-706 and by | 6 | | adding Section 13-209.5 as follows: | 7 | | (40 ILCS 5/13-209.5 new) | 8 | | Sec. 13-209.5. Licensed health care professional. | 9 | | "Licensed health care professional" means any individual who | 10 | | has obtained a license through the Department of Financial and | 11 | | Professional Regulation under the Medical Practice Act of 1987 | 12 | | or under the Physician Assistant Practice Act of 1987 or an | 13 | | advanced practice registered nurse licensed under the Nurse | 14 | | Practice Act.
| 15 | | (40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309)
| 16 | | Sec. 13-309. Duty disability benefit.
| 17 | | (a) Any employee who becomes disabled, which disability is | 18 | | the result of an
injury or illness compensable under the | 19 | | Illinois Workers' Compensation Act or
the Illinois Workers' | 20 | | Occupational Diseases Act, is entitled to a duty
disability | 21 | | benefit during the period of disability for which the employee | 22 | | does
not receive any part of salary, or any part of a |
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| 1 | | retirement annuity under this
Article; except that in the case | 2 | | of an employee who first enters service on or
after June 13, | 3 | | 1997 and becomes disabled before August 18, 2005 (the | 4 | | effective date of Public Act 94-621), a duty disability
| 5 | | benefit is not payable for the first 3 days of disability that | 6 | | would otherwise
be payable under this Section if the | 7 | | disability does not continue for at least
11 additional days. | 8 | | The changes made to this Section by Public Act 94-621 are | 9 | | prospective only and do not entitle an employee to a duty | 10 | | disability benefit for the first 3 days of any disability that | 11 | | occurred before that effective date and did not continue for | 12 | | at least 11 additional days. This benefit shall be 75% of | 13 | | salary at the date disability
begins. However, if the | 14 | | disability in any measure resulted from any physical
defect or | 15 | | disease which existed at the time such injury was sustained or | 16 | | such
illness commenced, the duty disability benefit shall be | 17 | | 50% of salary.
| 18 | | Unless the employer acknowledges that the disability is a | 19 | | result of
injury or illness compensable under the Workers' | 20 | | Compensation Act or the
Workers' Occupational Diseases Act, | 21 | | the duty disability benefit shall
not be payable until the | 22 | | issue of compensability under those Acts is finally
| 23 | | adjudicated. The period of disability shall be as determined | 24 | | by the Illinois
Workers' Compensation Commission or | 25 | | acknowledged by the employer.
| 26 | | An employee in service before June 13, 1997 shall also |
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| 1 | | receive a child's disability
benefit during the period of | 2 | | disability of $10 per month for each
unmarried natural or | 3 | | adopted child of the employee under
18 years of age.
| 4 | | The first payment shall be made not later than one month | 5 | | after the
benefit is granted, and subsequent payments shall be | 6 | | made at least monthly.
The Board shall by rule prescribe for | 7 | | the payment of such benefits on the
basis of the amount of | 8 | | salary lost during the period of disability.
| 9 | | (b) The benefit shall be allowed only if all of the | 10 | | following requirements are
met by the employee:
| 11 | | (1) Application is made to the Board.
| 12 | | (2) A medical report is submitted by at least one | 13 | | licensed health care professional and
practicing physician | 14 | | as part of the employee's application.
| 15 | | (3) The employee is examined by at least one licensed | 16 | | health care professional and practicing
physician | 17 | | appointed by the Board and found to be in a disabled | 18 | | physical
condition , and shall be re-examined at least | 19 | | annually thereafter during the
continuance of disability. | 20 | | The employee need not be examined by a
licensed health | 21 | | care professional and practicing physician appointed by | 22 | | the Board if the attorney for the district
certifies in | 23 | | writing that the employee is entitled to receive | 24 | | compensation
under the Workers' Compensation Act or the | 25 | | Workers' Occupational Diseases Act. The Board may require | 26 | | other evidence of disability.
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| 1 | | (c) The benefit shall terminate when:
| 2 | | (1) The employee returns to work or receives a | 3 | | retirement annuity paid
wholly or in part under this | 4 | | Article;
| 5 | | (2) The disability ceases;
| 6 | | (3) The employee attains age 65, but if the employee | 7 | | becomes disabled at
age 60 or later, benefits may be | 8 | | extended for a period of no
more than 5 years after
| 9 | | disablement;
| 10 | | (4) The employee (i) refuses to submit to reasonable | 11 | | examinations by licensed health care
physicians or other | 12 | | health professionals appointed by the Board, (ii) fails
or | 13 | | refuses to consent to and sign an authorization allowing | 14 | | the Board to
receive copies of or to examine the | 15 | | employee's medical and hospital records,
or (iii) fails or | 16 | | refuses to provide complete information regarding any | 17 | | other
employment for compensation he or she has received | 18 | | since becoming disabled;
or
| 19 | | (5) The employee willfully and continuously refuses to | 20 | | follow medical advice and treatment to enable the employee | 21 | | to return to
work. However this provision does not apply | 22 | | to an employee who relies in good
faith on treatment by | 23 | | prayer through spiritual means alone in accordance with
| 24 | | the tenets and practice of a recognized church or | 25 | | religious denomination, by a
duly accredited practitioner | 26 | | thereof.
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| 1 | | In the case of a duty disability recipient who returns to | 2 | | work, the employee
must make application to the Retirement | 3 | | Board within 2 years from the date the
employee last received | 4 | | duty disability benefits in order to become again
entitled to | 5 | | duty disability benefits based on the injury for which a duty
| 6 | | disability benefit was theretofore paid.
| 7 | | (Source: P.A. 95-586, eff. 8-31-07; 96-251, eff. 8-11-09.)
| 8 | | (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)
| 9 | | Sec. 13-310. Ordinary disability benefit.
| 10 | | (a) Any employee who becomes disabled as the result of
any | 11 | | cause other than injury or illness incurred in the performance | 12 | | of duty
for the employer or any other employer, or while | 13 | | engaged in self-employment
activities, shall be entitled to an | 14 | | ordinary disability benefit. The
eligible period for this | 15 | | benefit shall be 25% of the employee's total
actual service | 16 | | prior to the date of disability with a cumulative maximum
| 17 | | period of 5 years.
| 18 | | (b) The benefit shall be allowed only if the employee | 19 | | files an
application in writing with the Board, and a medical | 20 | | report is submitted by
at least one licensed health care | 21 | | professional and practicing physician as part of the | 22 | | employee's
application.
| 23 | | The benefit is not payable for any disability which begins | 24 | | during any
period of unpaid leave of absence. No benefit shall | 25 | | be allowed for any
period of disability prior to 30 days before |
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| 1 | | application is made, unless
the Board finds good cause for the | 2 | | delay in filing the application. The
benefit shall not be paid | 3 | | during any period for which the employee receives
or is | 4 | | entitled to receive any part of salary.
| 5 | | The benefit is not payable for any disability which begins | 6 | | during any
period of absence from duty other than allowable | 7 | | vacation time in any
calendar year. An employee whose | 8 | | disability begins during any such
ineligible period of absence | 9 | | from service may not receive benefits until
the employee | 10 | | recovers from the disability and is in service for at least 15
| 11 | | consecutive working days after such recovery.
| 12 | | In the case of an employee who first enters service on or | 13 | | after June 13,
1997, an ordinary disability benefit
is not | 14 | | payable for the first 3 days of disability that would | 15 | | otherwise be
payable under this Section if the disability does | 16 | | not continue for at least 11
additional days.
| 17 | | Beginning on the effective date of this amendatory Act of | 18 | | the 94th General Assembly, an employee who first entered | 19 | | service on or after June 13, 1997 is also eligible for ordinary | 20 | | disability benefits on the 31st day after the last day worked, | 21 | | provided all sick leave is exhausted.
| 22 | | (c) The benefit shall be 50% of the employee's salary at | 23 | | the date of
disability, and shall terminate when the earliest | 24 | | of the following occurs:
| 25 | | (1) The employee returns to work or receives a | 26 | | retirement annuity paid
wholly or in part under this |
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| 1 | | Article;
| 2 | | (2) The disability ceases;
| 3 | | (3) The employee willfully and continuously refuses to | 4 | | follow medical
advice and treatment to enable the employee | 5 | | to return to
work. However this provision does not apply | 6 | | to an employee who relies in good
faith on treatment by | 7 | | prayer through spiritual means alone in accordance with
| 8 | | the tenets and practice of a recognized church or | 9 | | religious denomination, by a
duly accredited practitioner | 10 | | thereof;
| 11 | | (4) The employee (i) refuses to submit to a reasonable | 12 | | physical
examination within 30 days of application by a | 13 | | licensed health care professional physician appointed by | 14 | | the
Board, (ii) in the case of chronic alcoholism, the | 15 | | employee refuses
to join a rehabilitation program licensed | 16 | | by the Department of Public Health of
the State of | 17 | | Illinois and certified by the Joint Commission on the
| 18 | | Accreditation of Hospitals, (iii) fails or refuses to | 19 | | consent to and sign an
authorization allowing the Board to | 20 | | receive copies of or to examine the
employee's medical and | 21 | | hospital records, or (iv) fails or refuses to provide
| 22 | | complete information regarding any other employment for | 23 | | compensation he or she
has received since becoming | 24 | | disabled; or
| 25 | | (5) The eligible period for this benefit has been | 26 | | exhausted.
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| 1 | | The first payment of the benefit shall be made not later | 2 | | than one month
after the same has been granted, and subsequent | 3 | | payments shall be made at least monthly.
| 4 | | (Source: P.A. 102-210, eff. 7-30-21.)
| 5 | | (40 ILCS 5/13-314) (from Ch. 108 1/2, par. 13-314)
| 6 | | Sec. 13-314. Alternative provisions for Water Reclamation | 7 | | District
commissioners.
| 8 | | (a) Transfer of credits. Any Water Reclamation District | 9 | | commissioner
elected by vote of the people and who has elected | 10 | | to participate in this
Fund may transfer to this Fund credits | 11 | | and creditable service accumulated
under any other pension | 12 | | fund or retirement system established under
Articles 2 through | 13 | | 18 of this Code, upon payment to the Fund of (1) the
amount by | 14 | | which the employer and employee contributions that would have
| 15 | | been required if he had participated in this Fund during the | 16 | | period for
which credit is being transferred, plus interest, | 17 | | exceeds the amounts
actually transferred from such other fund | 18 | | or system to this Fund, plus (2)
interest thereon at 6% per | 19 | | year compounded annually from the date of
transfer to the date | 20 | | of payment.
| 21 | | (b) Alternative annuity. Any participant commissioner may | 22 | | elect to
establish alternative credits for an alternative | 23 | | annuity by electing in
writing to make additional optional | 24 | | contributions in accordance with this
Section and procedures | 25 | | established by the Board. Unless and until such
time as the |
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| 1 | | U.S. Internal Revenue Service or the federal courts provide a
| 2 | | favorable ruling as described in Section 13-502(f), a
| 3 | | commissioner
may discontinue making the additional optional | 4 | | contributions by notifying the
Fund in writing in accordance | 5 | | with this Section and procedures established
by the Board.
| 6 | | Additional optional contributions for the alternative | 7 | | annuity shall be
as follows:
| 8 | | (1) For service after the option is elected, an | 9 | | additional contribution
of 3% of salary shall be | 10 | | contributed to the Fund on the same basis and
under the | 11 | | same conditions as contributions required under Section | 12 | | 13-502.
| 13 | | (2) For contributions on past service, the additional | 14 | | contribution shall
be 3% of the salary for the
applicable | 15 | | period of service, plus interest at the annual rate from | 16 | | time to
time as determined by the Board, compounded | 17 | | annually from the date of service
to the date of payment. | 18 | | Contributions for service before the option is
elected may | 19 | | be made in a lump sum payment to the Fund or by | 20 | | contributing to the
Fund on the same basis and under the | 21 | | same conditions as contributions required
under Section | 22 | | 13-502.
All payments for past service must be paid in full | 23 | | before credit
is given. No additional optional | 24 | | contributions may be made for any period
of service for | 25 | | which credit has been previously forfeited by acceptance | 26 | | of
a refund, unless the refund is repaid in full with |
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| 1 | | interest at the rate
specified in Section 13-603, from the | 2 | | date of refund to the date of repayment.
| 3 | | In lieu of the retirement annuity otherwise payable under | 4 | | this Article,
any commissioner who has elected to participate | 5 | | in the Fund and make
additional optional contributions in | 6 | | accordance with this Section,
has attained age 55, and has at | 7 | | least 6 years of service
credit, may elect to have the | 8 | | retirement annuity computed as follows: 3% of
the | 9 | | participant's average final salary as a commissioner for each | 10 | | of
the first 8 years of service credit, plus 4% of such salary | 11 | | for each of the
next 4 years of service credit, plus 5% of such | 12 | | salary for each year of
service credit in excess of 12 years, | 13 | | subject to a maximum of 80% of such
salary. To the extent such | 14 | | commissioner has made additional optional
contributions with | 15 | | respect to only a portion of years of service credit,
the | 16 | | retirement annuity will first be determined in accordance with | 17 | | this
Section to the extent such additional optional | 18 | | contributions were made, and
then in accordance with the | 19 | | remaining Sections of this Article to the
extent of years of | 20 | | service credit with respect to which additional optional
| 21 | | contributions were not made. The change in minimum retirement | 22 | | age (from
60 to 55) made by Public Act 87-1265 applies to | 23 | | persons who begin
receiving a retirement annuity under this | 24 | | Section on or after January 25, 1993 (the effective
date of | 25 | | Public Act 87-1265), without regard to whether they are in | 26 | | service
on or after that date.
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| 1 | | (c) Disability benefits. In lieu of the disability | 2 | | benefits otherwise
payable under this Article, any | 3 | | commissioner who (1) has elected to
participate in the Fund, | 4 | | and (2) has become permanently disabled and as a
consequence | 5 | | is unable to perform the duties of office, and (3) was making
| 6 | | optional contributions in accordance with this Section at the | 7 | | time the
disability was incurred, may elect to receive a | 8 | | disability annuity
calculated in accordance with the formula | 9 | | in subsection (b). For the
purposes of this subsection, such | 10 | | commissioner shall be
considered permanently disabled only if: | 11 | | (i) disability occurs while in
service as a commissioner and | 12 | | is of such a nature as to prevent the
reasonable performance of | 13 | | the duties of office at the time; and (ii) the
Board has | 14 | | received a written certification by at least 2 licensed health | 15 | | care professionals
physicians appointed by it stating that | 16 | | such commissioner is disabled and
that the disability is | 17 | | likely to be permanent.
| 18 | | (d) Alternative survivor's benefits. In lieu of the
| 19 | | survivor's benefits otherwise payable under this Article, the | 20 | | spouse or
eligible child of any deceased commissioner who (1) | 21 | | had elected to
participate in the Fund, and (2) was either | 22 | | making (or had already made) additional optional
contributions | 23 | | on the date of death, or was receiving an annuity calculated
| 24 | | under this Section at the time of death, may elect to receive | 25 | | an annuity
beginning on the date of the commissioner's death, | 26 | | provided that the spouse
and commissioner must have been |
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| 1 | | married on the date of the last termination
of a service as | 2 | | commissioner and for a continuous period of at least one
year | 3 | | immediately preceding death.
| 4 | | The annuity shall be payable beginning on the date of the | 5 | | commissioner's
death if the spouse is then age 50 or over, or | 6 | | beginning at age 50 if the
age of the spouse is less than 50 | 7 | | years. If a minor unmarried child or
children of the | 8 | | commissioner, under age 18 (age 23 in the case of a full-time | 9 | | student), also survive, and the child or
children are under | 10 | | the care of the eligible spouse, the annuity shall begin
as of | 11 | | the date of death of the commissioner without regard to the | 12 | | spouse's age.
Beginning on the first day of the month | 13 | | following the month in which this amendatory Act of the 96th | 14 | | General Assembly takes effect, benefits shall begin on the | 15 | | first of the month following the commissioner's date of death | 16 | | if the spouse is then age 50 or over or, if a minor unmarried | 17 | | child or children of the commissioner, under age 18 (age 23 in | 18 | | the case of a full time student), also survive, and the child | 19 | | or children are under the care of the eligible spouse. The | 20 | | benefit is payable for the full month if the annuitant was | 21 | | alive on the first day of the month.
| 22 | | The annuity to a spouse shall be the greater of (i) 66 2/3% | 23 | | of the amount of retirement
annuity earned by the commissioner | 24 | | on the date of death, subject to a
minimum payment of 10% of | 25 | | salary, provided that if an eligible spouse,
regardless of | 26 | | age, has in his or her care at the date of death of the
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| 1 | | commissioner any unmarried child or children of the | 2 | | commissioner under age
18, the minimum annuity shall be 30% of | 3 | | the commissioner's salary, plus 10%
of salary on account of | 4 | | each minor child of the commissioner, subject to a
combined | 5 | | total payment on account of a spouse and minor children not to
| 6 | | exceed 50% of the deceased commissioner's salary or (ii) for | 7 | | the spouse of a commissioner whose death occurs on or after | 8 | | August 18, 2005 (the effective date of Public Act 94-621), the | 9 | | surviving spouse annuity shall be computed in the same manner | 10 | | as described in Section 13-306(a). The number of total service | 11 | | years used to calculate the commissioner's annuity shall be | 12 | | the number of service years used to calculate the annuity for | 13 | | that commissioner's surviving spouse. In the event there shall
| 14 | | be no spouse of the commissioner surviving, or should a spouse | 15 | | die while
eligible minor children still survive the | 16 | | commissioner, each such child
shall be entitled to an annuity | 17 | | equal to 20% of salary of the commissioner
subject to a | 18 | | combined total payment on account of all such children not to
| 19 | | exceed 50% of salary of the commissioner. The salary to be used | 20 | | in the
calculation of these benefits shall be the same as that | 21 | | prescribed for
determining a retirement annuity as provided in | 22 | | subsection (b) of this Section.
| 23 | | Upon the death of a commissioner occurring after | 24 | | termination of a service
or while in receipt of a retirement | 25 | | annuity, the combined total payment to
a spouse and minor | 26 | | children, or to minor children alone if no eligible
spouse |
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| 1 | | survives, shall be limited to 85% of the amount of retirement
| 2 | | annuity earned by the commissioner.
| 3 | | Marriage of a child or attainment of age 18 (age 23 in the | 4 | | case of a full-time student), whichever first occurs,
shall | 5 | | render the child ineligible for further consideration in the | 6 | | payment
of annuity to a spouse or in the increase in the amount | 7 | | thereof. Upon
attainment of ineligibility of the youngest | 8 | | minor child of the
commissioner, the annuity shall immediately | 9 | | revert to the amount payable
upon death of a commissioner | 10 | | leaving no minor children surviving. If the
spouse is under | 11 | | age 50 at such time, the annuity as revised shall be
deferred | 12 | | until such age is attained.
| 13 | | (e) Refunds. Refunds of additional optional contributions | 14 | | shall be made
on the same basis and under the same conditions | 15 | | as provided under Section
13-601. Interest shall be credited | 16 | | on the same basis and under the same
conditions as for other | 17 | | contributions.
| 18 | | Optional contributions shall be accounted for in a | 19 | | separate Commission's
Optional Contribution Reserve. Optional | 20 | | contributions under this Section
shall be included in the | 21 | | amount of employee contributions used to compute
the tax levy | 22 | | under Section 13-503.
| 23 | | (f) Effective date. The effective date of this plan of | 24 | | optional
alternative benefits and contributions shall be the | 25 | | date upon which
approval was received from the U.S. Internal | 26 | | Revenue Service. The plan of
optional alternative benefits and |
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| 1 | | contributions shall not be available to
any former employee | 2 | | receiving an annuity from the Fund on the effective
date, | 3 | | unless said former employee re-enters service and renders at | 4 | | least 3
years of additional service after the date of re-entry | 5 | | as a commissioner.
| 6 | | (Source: P.A. 95-279, eff. 1-1-08; 96-251, eff. 8-11-09.)
| 7 | | (40 ILCS 5/13-706) (from Ch. 108 1/2, par. 13-706)
| 8 | | Sec. 13-706. Board powers and duties. The Board shall have | 9 | | the powers and
duties set forth in this Section, in addition to | 10 | | such other powers and
duties as may be provided in this Article | 11 | | and in this Code:
| 12 | | (a) To supervise collections. To see that all amounts | 13 | | specified in this
Article to be applied to the Fund, from | 14 | | any source, are collected and applied.
| 15 | | (b) To notify of deductions. To notify the Clerk of | 16 | | the Water
Reclamation District of the deductions to be | 17 | | made from the salaries of
employees.
| 18 | | (c) To accept gifts. To accept by gift, grant, bequest | 19 | | or otherwise any
money or property of any kind and use the | 20 | | same for the purposes of the Fund.
| 21 | | (d) To invest the reserves. To invest the reserves of | 22 | | the Fund in
accordance with the provisions set forth in | 23 | | Section 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and | 24 | | 1-115 of this Code. Investments made in accordance with | 25 | | Section 1-113 of Article 1 of
this Code shall be deemed |
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| 1 | | prudent. The Board is also authorized to transfer | 2 | | securities to the
Illinois State Board of Investment for | 3 | | the purpose of participation in any
commingled investment | 4 | | fund as provided in Article 22A of this Code.
| 5 | | (e) To authorize payments. To consider and pass upon | 6 | | all applications
for annuities and benefits; to authorize | 7 | | or suspend the payment of any
annuity or benefit; to | 8 | | inquire into the validity and legality of any grant
of | 9 | | annuity or benefit paid from or payable out of the Fund; to | 10 | | increase,
reduce, or suspend any such annuity or benefit | 11 | | whenever the annuity or
benefit, or any part thereof, was | 12 | | secured or granted, or the amount thereof
fixed, as the | 13 | | result of misrepresentation, fraud, or error. No such
| 14 | | annuity or benefit shall be permanently reduced or | 15 | | suspended until the
affected annuitant or beneficiary is | 16 | | first notified of the proposed action
and given an | 17 | | opportunity to be heard. No trustee of the Board shall | 18 | | vote
upon that trustee's own personal claim for annuity, | 19 | | benefit or refund, or
participate in the deliberations of | 20 | | the Board as to the validity of any
such claim. The Board | 21 | | shall have exclusive original jurisdiction in all
matters | 22 | | of claims for annuities, benefits and refunds.
| 23 | | (f) To submit an annual report. To submit a report in | 24 | | July of each year
to the Board of Commissioners of the | 25 | | Water Reclamation District as of the
close of business on | 26 | | December 31st of the preceding year. The report shall
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| 1 | | include the following:
| 2 | | (1) A balance sheet, showing the financial and | 3 | | actuarial condition of
the Fund as of the end of the | 4 | | calendar year;
| 5 | | (2) A statement of receipts and disbursements | 6 | | during such year;
| 7 | | (3) A statement showing changes in the asset, | 8 | | liability, reserve and
surplus accounts during such | 9 | | year;
| 10 | | (4) A detailed statement of investments as of the | 11 | | end of the year; and
| 12 | | (5) Any additional information as is deemed | 13 | | necessary for proper
interpretation of the condition | 14 | | of the Fund.
| 15 | | (g) To subpoena witnesses. To compel witnesses to | 16 | | attend and testify
before it upon any matter concerning | 17 | | the Fund and allow witness fees not in
excess of $6 for | 18 | | attendance upon any one day. The President and other
| 19 | | members of the Board may administer oaths to witnesses.
| 20 | | (h) To appoint employees and consultants. To appoint | 21 | | such actuarial,
medical, legal, investigational, clerical | 22 | | or financial employees and
consultants as are necessary, | 23 | | and fix their compensation.
| 24 | | (i) To make rules. To make rules and regulations | 25 | | necessary for the
administration of the affairs of the | 26 | | Fund.
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| 1 | | (j) To waive guardianship. To waive the requirement of | 2 | | legal
guardianship of a person under legal disability or | 3 | | any minor unmarried beneficiary of the Fund for a | 4 | | representative living with a
parent or grandparent, and | 5 | | legal guardianship of any beneficiary under
legal | 6 | | disability whose husband, wife, or parent is managing such | 7 | | person or
beneficiary's affairs, whenever the Board deems | 8 | | such waiver to be in the
best interest of the person or | 9 | | beneficiary.
| 10 | | (k) To collect amounts due. To collect any amounts due | 11 | | to the Fund from
any participant or beneficiary prior to | 12 | | payment of any annuity, benefit or
refund.
| 13 | | (l) To invoke rule of offset. To offset against any | 14 | | amount payable to
an employee or to any other person such | 15 | | sums as may be due to the Fund
or may have been paid by the | 16 | | Fund due to misrepresentation, fraud or error.
| 17 | | (m) To assess and collect interest on amounts due to | 18 | | the Fund using the annual rate as shall from time to time | 19 | | be determined by the Board, compounded annually from the | 20 | | date of notification to the date of payment.
| 21 | | (Source: P.A. 94-621, eff. 8-18-05; 95-586, eff. 8-31-07.)
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