State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 002 ]

90_SB0667ham003

                                           LRB9000609EGfgam50
 1                    AMENDMENT TO SENATE BILL 667
 2        AMENDMENT NO.     .  Amend Senate Bill 667,  AS  AMENDED,
 3    by inserting after the end of Section 5 the following:
 4        "Section  5.5.   The  Illinois Pension Code is amended by
 5    changing Section 2-123 as follows:
 6        (40 ILCS 5/2-123) (from Ch. 108 1/2, par. 2-123)
 7        Sec. 2-123.  Refunds.
 8        (a)  A participant who ceases to be a member, other  than
 9    an  annuitant,  shall, upon written request, receive a refund
10    of his or her total  contributions,  without  interest.   The
11    refund  shall  include  the  additional contributions for the
12    automatic increase in retirement annuity.  By  accepting  the
13    refund,   a  participant  forfeits  all  accrued  rights  and
14    benefits in the System and  loses  credit  for  all  service.
15    However,  if  he or she again becomes a member, he or she may
16    resume status as a participant and reestablish any  forfeited
17    service  credit  by  paying  to  the  System  the full amount
18    refunded, together with interest at 4%  per  annum  from  the
19    time  the refund is paid to the date the member again becomes
20    a participant.
21        A former member of the General Assembly  may  reestablish
22    any  service  credit  forfeited  by acceptance of a refund by
                            -2-            LRB9000609EGfgam50
 1    paying to the System on or before June 1,  1998  February  1,
 2    1993,  the full amount refunded, together with interest at 4%
 3    per annum from the date of payment of the refund to the  date
 4    of repayment.
 5        When  a member or former member owes money to the System,
 6    interest at the rate of 4% per  annum  shall  accrue  and  be
 7    payable  on  such  amounts  owed  beginning  on  the  date of
 8    termination of service as a member  until  the  contributions
 9    due have been paid in full.
10        (b)  A  participant  who  has  no  eligible survivor upon
11    becoming an annuitant or who  terminates  service  with  less
12    than  8  years  of  service  is  entitled  to a refund of the
13    contributions for a survivor's annuity, without interest.  If
14    such person later marries, a survivor's annuity shall not  be
15    payable  upon  his  or  her  death, unless the amount of such
16    refund is repaid to the System, together with interest at the
17    rate of 4% per year from the date of refund to  the  date  of
18    repayment.  tf     (c)  If at the date of retirement or death
19    of  a  participant  who  served  as an officer of the General
20    Assembly, the total period of such service  is  less  than  4
21    years,  the  additional  contributions made by such member on
22    the additional salary as an officer shall be refunded  unless
23    the participant served as an officer for at least 2 years and
24    has  contributed  the amount he or she would have contributed
25    if he or she had served as an officer for 4 years as provided
26    in Section 2-126.
27        (d)  Upon death of the last survivor of a participant and
28    his  or  her  spouse,  a  death  benefit  shall  be   payable
29    consisting  of  the excess, if any, of the contributions made
30    by the participant for  retirement  and  survivor's  annuity,
31    without  interest,  over  the  total amount of retirement and
32    survivor's annuity payments made by the System.
33        (e)  Upon the death of a  participant,  if  a  survivor's
34    annuity  is  not  payable  under  this Article, a beneficiary
                            -3-            LRB9000609EGfgam50
 1    designated by the participant shall be entitled to  a  refund
 2    of  all  contributions  made  by  the  participant.    If the
 3    participant has not  designated  a  refund  beneficiary,  the
 4    surviving   spouse   shall  be  entitled  to  the  refund  of
 5    contributions;  if  there  is  no   surviving   spouse,   the
 6    contributions   shall   be   refunded  to  the  participant's
 7    surviving children, if any, and if no children  survive,  the
 8    refund payment shall be made to the participant's estate.
 9    (Source: P.A. 86-273; 87-1265.)".

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