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92_SB1324
LRB9208217EGfg
1 AN ACT in relation to 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 Section 18-123 as follows:
6 (40 ILCS 5/18-123) (from Ch. 108 1/2, par. 18-123)
7 Sec. 18-123. Participation in survivor's annuity. A
8 participant in active service as a judge after July 26, 1949,
9 is eligible to participate in the survivor's annuity provided
10 under this Article. A married participant who was in service
11 on July 27, 1949 is subject to the provisions relating to
12 survivor's annuities unless he or she filed with the Board
13 written notice not to participate in such annuity within 30
14 days of that date.
15 A married judge who becomes a participant after July 27,
16 1949, an unmarried judge who becomes a participant after
17 December 31, 1992, and a judge who marries after becoming a
18 participant shall be subject to the provisions relating to
19 survivor's annuities unless he or she files with the Board
20 written notice of his or her election not to participate in
21 the survivor's annuity within 30 days of the date of being
22 notified of the option by the System. Once the election
23 period has expired, a judge may not withdraw from
24 participation under this Section except as provided in
25 Section 18-129.
26 A person who became a participant before January 1, 1997
27 and who is not contributing for survivor's annuity may elect
28 to make contributions for survivor's annuity by filing
29 written notice of the election with the Board no later than
30 April 1, 1998. Such an election may not be rescinded. A
31 person who has so elected shall be entitled only to partial
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1 credit for survivor's annuity under subsection (g) of Section
2 18-129 unless all of the payments required under subsection
3 (f) of that Section have been made.
4 A married participant who elects not to participate in
5 the survivor's annuity provisions shall thereafter be
6 ineligible to participate in the survivor's annuity unless
7 the election is rescinded as provided herein.
8 A married participant who elected not to participate in
9 the survivor's annuity provisions and who is still a judge,
10 may elect to participate therein by filing with the Board
11 before April 1, 2002 1998 a written recision of the election
12 not to participate. The participant and his or her spouse
13 shall be entitled to all the rights of the survivor's
14 annuity, except as limited in Section 18-129, upon paying the
15 System for the survivor's annuity 1 1/2% of each payment of
16 salary earned between July 27, 1949 and July 12, 1953, and 2
17 1/2% of each payment of salary earned after July 12, 1953,
18 together with interest at 4% per annum, compounded annually
19 from the date the contributions would have been due to the
20 date of payment. The time and manner of paying the required
21 contributions and interest shall be prescribed by the Board.
22 (Source: P.A. 90-507, eff. 8-22-97.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.