Illinois General Assembly - Full Text of Public Act 102-0342
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Public Act 102-0342


Public Act 0342 102ND GENERAL ASSEMBLY



Public Act 102-0342
HB0275 EnrolledLRB102 10029 RPS 15349 b

    AN ACT concerning public employee benefits.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Pension Code is amended by adding
Section 3-110.11a and by changing Sections 8-151 and 8-165 as
    (40 ILCS 5/3-110.11a new)
    Sec. 3-110.11a. Optional credit under Article 5. A police
officer may establish optional credit for up to 5 years of
service as a participant under Article 5, provided that the
police officer (i) was certified under the law governing the
certification of police officers at the time the service was
rendered, (ii) applies in writing on or before December 31,
2023, (iii) supplies satisfactory evidence of the employment,
(iv) completes 10 years of contributing service as a police
officer as defined in Section 3-106, and (v) pays into the fund
the amount the police officer would have contributed if he or
she had been a regular contributor during such period, plus an
amount determined by the Board to be equal to the
municipality's normal cost of the benefit, plus interest at
the actuarially assumed rate calculated from the date the
employee last became a police officer under this Article.
    A police officer may not establish credit under this
Section for any service for which the police officer is
eligible to receive benefits under Article 5 of this Code.
    (40 ILCS 5/8-151)  (from Ch. 108 1/2, par. 8-151)
    Sec. 8-151. Compensation annuity and supplemental annuity.
    When annuity otherwise provided in this Article for the
widow of an employee whose death results solely from injury
incurred in the performance of an act of duty is less than 60%
of his salary in effect at the time of the injury,
"Compensation Annuity" equal to the difference between such
annuity and 60% of such salary, shall be payable to her until
the date when the employee, if alive, would have attained age
65; and in any case where the employee's death is only partly
due to the duty incurred injury, the "Compensation Annuity"
shall be based on an amount equal to 40% of such salary.
    Thereafter, the widow shall be entitled to "Supplemental
Annuity" equal to the difference between the annuity otherwise
provided in this Article and the annuity to which she would be
entitled if the employee had lived and continued in the
service at the salary in effect at the date of the injury until
he attained age 65, and based upon her age as it would be on
the date he would have attained 65.
    "Compensation" or "Supplemental Annuity" shall not be
payable unless the widow was the wife of the employee when the
injury was incurred.
    The city shall contribute to the fund each year the amount
required for all compensation annuities payable during any
such year. Supplemental Annuity shall be provided from city
contributions after the date of the employee's death of such
equal sums annually which when improved by interest at the
effective rate, will be sufficient, at the time payment of
Compensation Annuity to the widow ceases to provide
Supplemental Annuity, as stated, for the widow throughout her
life thereafter.
    Unless the performance of an act or acts of duty results
solely in the death of the employee, the annuity provided in
this Section shall not be paid. For the purposes of this
Section only, the death of any employee as a result of the
exposure to and contraction of COVID-19, as evidenced by
either (i) a confirmed positive laboratory test for COVID-19
or COVID-19 antibodies or (ii) a confirmed diagnosis of
COVID-19 from a licensed medical professional, shall be
rebuttably presumed to have been contracted while in the
performance of an act or acts of duty and the employee shall be
rebuttably presumed to have been fatally injured while in
active service. The presumption shall apply to any employee
who was exposed to and contracted COVID-19 on or after March 9,
2020 and on or before June 30, 2021; except that the
presumption shall not apply if the employee was on a leave of
absence from his or her employment or otherwise not required
to report for duty at the physical work space generally
assigned to the employee, including, but not limited to,
working remotely, for a period of 14 or more consecutive days
immediately prior to the date of contraction of COVID-19. For
the purposes of determining when an employee contracted
COVID-19 under this paragraph, the date of contraction is
either the date that the employee was diagnosed with COVID-19
or was unable to work due to symptoms that were later diagnosed
as COVID-19, whichever occurred first.
(Source: Laws 1963, p. 161.)
    (40 ILCS 5/8-165)  (from Ch. 108 1/2, par. 8-165)
    Sec. 8-165. Re-entry into service.
    (a) Except as provided in subsection (c), when When an
employee receiving age and service or prior service annuity
who has withdrawn from service after the effective date
re-enters service before age 65, any annuity previously
granted and any annuity fixed for his wife shall be cancelled.
The employee shall be credited for annuity purposes with sums
sufficient to provide annuities equal to those cancelled, as
of their ages on the date of re-entry; provided, the maximum
age of the wife for this purpose shall be as provided in
Section 8-155 of this Article.
    The sums so credited shall provide for annuities to be
fixed and granted in the future. Contributions by the
employees and the city for the purposes of this Article shall
be made, and when the proper time arrives, as provided in this
Article, new annuities based upon the total credit for annuity
purposes and the entire term of his service shall be fixed for
the employee and his wife.
    If the employee's wife died before he re-entered service,
no part of any credits for widow's or widow's prior service
annuity at the time annuity for his wife was fixed shall be
credited upon re-entry into service, and no such sums shall
thereafter be used to provide such annuity.
    (b) Except as provided in subsection (c), when When an
employee re-enters service after age 65, payments on account
of any annuity previously granted shall be suspended during
the time thereafter that he is in service, and when he again
withdraws, annuity payments shall be resumed. If the employee
dies in service, his widow shall receive the amount of annuity
previously fixed for her.
    (c) For school years beginning on or after July 1, 2021, an
age and service or prior service annuity shall not be
cancelled in the case of an employee who is re-employed by the
Board of Education of the city as a Special Education
Classroom Assistant or Classroom Assistant on a temporary and
non-annual basis or on an hourly basis so long as the person:
(1) does not work for compensation on more than 120 days in a
school year; or (2) does not accept gross compensation for the
re-employment in a school year in excess of $30,000. These
limitations apply only to school years that begin on or after
July 1, 2021. Re-employment under this subsection does not
require contributions, result in service credit being earned
or granted, or constitute active participation in the Fund.
(Source: P.A. 81-1536.)
    Section 90. The State Mandates Act is amended by adding
Section 8.45 as follows:
    (30 ILCS 805/8.45 new)
    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by this amendatory
Act of the 102nd General Assembly.
    Section 999. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/13/2021