Full Text of HB0368 100th General Assembly
HB0368eng 100TH 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 changing | 5 | | Sections 15-113, 15-135, 15-152, 15-153.2, and 15-168.1 as | 6 | | follows:
| 7 | | (40 ILCS 5/15-113) (from Ch. 108 1/2, par. 15-113)
| 8 | | Sec. 15-113. Service. "Service": The periods defined in | 9 | | Sections
15-113.1 through 15-113.9 and Sections Section | 10 | | 15-113.11 through 15-113.12 .
| 11 | | (Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12.)
| 12 | | (40 ILCS 5/15-135) (from Ch. 108 1/2, par. 15-135)
| 13 | | Sec. 15-135. Retirement annuities - Conditions.
| 14 | | (a) This subsection (a) applies only to a Tier 1 member. A | 15 | | participant who retires in one of the following specified years | 16 | | with
the specified amount of service is entitled to a | 17 | | retirement annuity at any age
under the retirement program | 18 | | applicable to the participant:
| 19 | | 35 years if retirement is in 1997 or before;
| 20 | | 34 years if retirement is in 1998;
| 21 | | 33 years if retirement is in 1999;
| 22 | | 32 years if retirement is in 2000;
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| 1 | | 31 years if retirement is in 2001;
| 2 | | 30 years if retirement is in 2002 or later.
| 3 | | A participant with 8 or more years of service after | 4 | | September 1, 1941, is
entitled to a retirement annuity on or | 5 | | after attainment of age 55.
| 6 | | A participant with at least 5 but less than 8 years
of | 7 | | service after September 1, 1941, is entitled to a retirement | 8 | | annuity on
or after attainment of age 62.
| 9 | | A participant who has at least 25 years of service in this | 10 | | system as a
police officer or firefighter is entitled to a | 11 | | retirement
annuity on or after the attainment of age 50, if | 12 | | Rule 4 of Section
15-136 is applicable to the participant.
| 13 | | (a-5) A Tier 2 member is entitled to a retirement annuity | 14 | | upon written application if he or she has attained age 67 and | 15 | | has at least 10 years of service credit and is otherwise | 16 | | eligible under the requirements of this Article. A Tier 2 | 17 | | member who has attained age 62 and has at least 10 years of | 18 | | service credit and is otherwise eligible under the requirements | 19 | | of this Article may elect to receive the lower retirement | 20 | | annuity provided in subsection (b-5) of Section 15-136 of this | 21 | | Article. | 22 | | (b) The annuity payment period shall begin on the date | 23 | | specified by the
participant or the recipient of a disability | 24 | | retirement annuity submitting a written application . For a | 25 | | participant, the date on which the annuity payment period | 26 | | begins , which date shall not be prior
to termination of |
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| 1 | | employment or more than one year before the application is
| 2 | | received by the board; however, if the participant is not an | 3 | | employee of an
employer participating in this System or in a | 4 | | participating system as defined
in Article 20 of this Code on | 5 | | April 1 of the calendar year next following
the calendar year | 6 | | in which the participant attains age 70 1/2, the annuity
| 7 | | payment period shall begin on that date regardless of whether | 8 | | an application
has been filed. For a recipient of a disability | 9 | | retirement annuity, the date on which the annuity payment | 10 | | period begins shall not be prior to the discontinuation of the | 11 | | disability retirement annuity under Section 15-153.2.
| 12 | | (c) An annuity is not payable if the amount provided under | 13 | | Section
15-136 is less than $10 per month.
| 14 | | (Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12; | 15 | | 98-92, eff. 7-16-13.)
| 16 | | (40 ILCS 5/15-152) (from Ch. 108 1/2, par. 15-152)
| 17 | | Sec. 15-152. Disability benefits - Duration. Disability | 18 | | benefits shall be discontinued when the earliest of the | 19 | | following
occurs: (1) when disability ceases, (2) upon refusal
| 20 | | of the participant to submit to a reasonable physical
| 21 | | examination by a physician approved by the board, (3) upon | 22 | | refusal of
the participant to accept any position, assigned in | 23 | | good faith by an
employer, the duties of which could reasonably | 24 | | be performed by the participant
and the earnings of which would | 25 | | be at least equal to the disability benefit
payable under this |
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| 1 | | Article, (4) upon September 1,
following the participant's 70th | 2 | | birthday,
if the disability benefit commenced prior to | 3 | | attainment of age 65, (5)
the end of the month following the | 4 | | fifth anniversary of the
date disability benefits commenced, if | 5 | | such benefits began after the
attainment of age 65, or (6) when | 6 | | the total disability
benefits paid equal 50% of the | 7 | | participant's
total earnings for the entire period of
| 8 | | employment for which service has been granted prior to the date
| 9 | | disability benefits began to accrue , or (7) upon failure of the | 10 | | participant to provide an earnings verification necessary to | 11 | | determine continuance of benefits . If the disability was caused | 12 | | by
an on-the-job accident, and the participant is granted | 13 | | workers'
compensation or occupational disease payments from | 14 | | the employer or the
State of Illinois, the limitation in clause | 15 | | (6) shall not be applicable.
| 16 | | Service and earnings credits under the State Employees' | 17 | | Retirement
System of Illinois and the Teachers' Retirement | 18 | | System of the State of
Illinois shall be considered in | 19 | | determining the employee's eligibility
for, and the duration of | 20 | | disability benefits.
| 21 | | If, by law, a function of a governmental unit, as
defined | 22 | | by Section 20-107 is transferred in whole or in
part to an | 23 | | employer and an employee transfers employment from the
| 24 | | governmental unit to such employer within 6 months after the | 25 | | transfer of
this function, the pension credits in the | 26 | | governmental unit's retirement
system which have been |
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| 1 | | validated under
Section 20-109, shall be treated the same as | 2 | | pension credits in this Section
in determining an employee's | 3 | | eligibility
for, and the duration of disability benefits.
| 4 | | (Source: P.A. 86-273.)
| 5 | | (40 ILCS 5/15-153.2) (from Ch. 108 1/2, par. 15-153.2)
| 6 | | Sec. 15-153.2. Disability retirement annuity. A | 7 | | participant whose
disability benefits are discontinued under | 8 | | the provisions of clause (6) of
Section 15-152 and who is not a | 9 | | participant in the optional retirement plan
established under | 10 | | Section 15-158.2 is entitled to a disability
retirement annuity | 11 | | of 35% of the basic compensation which was payable to the
| 12 | | participant at the time that disability began, provided that | 13 | | the board determines that the participant has a medically | 14 | | determinable physical or
mental impairment that prevents him or | 15 | | her from
engaging in any substantial gainful activity, and | 16 | | which can be expected to
result in death or which has lasted or | 17 | | can be expected to last for a continuous
period of not less | 18 | | than 12 months.
| 19 | | The board's determination of whether a participant is | 20 | | disabled shall be
based upon:
| 21 | | (i) a written certificate from one or more licensed and | 22 | | practicing
physicians appointed by or acceptable to the | 23 | | board, stating that the
participant is unable to engage in | 24 | | any substantial gainful activity; and
| 25 | | (ii) any other medical examinations, hospital records, |
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| 1 | | laboratory
results, or other information necessary for | 2 | | determining the employment
capacity and condition of the | 3 | | participant.
| 4 | | The terms "medically determinable physical or mental | 5 | | impairment" and
"substantial gainful activity" shall have the | 6 | | meanings ascribed to them in the
federal Social Security Act, | 7 | | as now or hereafter amended, and the
regulations issued | 8 | | thereunder.
| 9 | | The disability retirement annuity payment period shall | 10 | | begin immediately
following the expiration of the disability | 11 | | benefit payments under clause
(6) of Section 15-152 and shall | 12 | | be discontinued for a recipient of a disability retirement | 13 | | annuity when (1) the physical or
mental impairment no longer | 14 | | prevents the recipient participant from engaging in any
| 15 | | substantial gainful activity, (2) the recipient participant | 16 | | dies , or (3) the recipient participant
elects to receive a | 17 | | retirement annuity under Sections 15-135 and 15-136 , (4) the | 18 | | recipient refuses to submit to a reasonable physical | 19 | | examination by a physician approved by the board, or (5) the | 20 | | recipient fails to provide an earnings verification necessary | 21 | | to determine continuance of benefits .
If a person's disability | 22 | | retirement annuity is discontinued under clause
(1), all rights | 23 | | and credits accrued in the system on the date that the
| 24 | | disability retirement annuity began shall be restored, and the | 25 | | disability
retirement annuity paid shall be considered as | 26 | | disability payments under
clause (6) of Section 15-152.
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| 1 | | The board shall prescribe rules governing the filing, | 2 | | investigation, control, and supervision of disability | 3 | | retirement annuity claims. Costs incurred by a claimant in | 4 | | connection with completing a claim for a disability retirement | 5 | | annuity shall be paid (A) by the claimant, in the case of the | 6 | | one required medical examination, medical certificate, and any | 7 | | other requirements generally imposed by the board on all | 8 | | disability retirement annuity claimants; and (B) by the System, | 9 | | in the case of any additional medical examination or other | 10 | | additional requirement imposed on a particular claimant that is | 11 | | not imposed generally on all disability retirement annuity | 12 | | claimants. | 13 | | (Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12.)
| 14 | | (40 ILCS 5/15-168.1)
| 15 | | Sec. 15-168.1. Testimony and the production of records. The | 16 | | secretary of
the Board shall have
the power to issue subpoenas | 17 | | to compel the attendance of witnesses and the
production of | 18 | | documents and records, including law enforcement records
| 19 | | maintained by law enforcement agencies, in conjunction with : | 20 | | (1) the determination of employer payments required | 21 | | under subsection (g) of Section 15-155 ; , | 22 | | (2) a disability
claim ; , | 23 | | (3) an administrative review proceeding ; , | 24 | | (4) an attempt to obtain information to assist in the | 25 | | collection of sums due to the System; |
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| 1 | | (5) obtaining any and all personal identifying | 2 | | information necessary for the administration of benefits; | 3 | | (6) the determination of the death of a benefit | 4 | | recipient or a potential benefit recipient; or | 5 | | (7) a felony forfeiture investigation. | 6 | | The fees of witnesses for attendance and travel shall be | 7 | | the same as the fees
of witnesses before the circuit courts of | 8 | | this State and shall be paid by the
party seeking the subpoena. | 9 | | The Board may apply to any circuit court in the
State for an | 10 | | order requiring compliance with a subpoena issued under this
| 11 | | Section. Subpoenas issued under this Section shall be subject | 12 | | to applicable
provisions of the Code of Civil Procedure.
| 13 | | (Source: P.A. 94-1057, eff. 7-31-06.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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