97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2865

 

Introduced 2/22/2011, by Rep. Raymond Poe

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/7-154  from Ch. 108 1/2, par. 7-154
40 ILCS 5/7-222  from Ch. 108 1/2, par. 7-222
30 ILCS 805/8.35 new

    Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Specifies that in order to be eligible for a surviving spouse annuity the spouse of the annuitant must meet a specific eligibility requirement no matter whether the annuitant was in service on or after the effective date of the amendatory Act or the effective date of Public Act 87-850. Removes a provision that required survivor annuities to be offset by workers' compensation benefits. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 7-154 and 7-222 as follows:
 
6    (40 ILCS 5/7-154)  (from Ch. 108 1/2, par. 7-154)
7    Sec. 7-154. Surviving spouse annuities - Eligibility.
8    (a) A surviving spouse annuity shall be payable to the
9eligible surviving spouse of a participating employee, an
10employee annuitant, or a person who on the date of death would
11have been entitled to a retirement annuity, had he applied for
12such annuity, and who dies at any time when a surviving spouse
13annuity equals at least $5 per month, provided:
14        (1) The surviving spouse (i) was married to the
15    participating employee for at least one year on the date of
16    death, or (ii) was married to the annuitant or person
17    entitled to a retirement annuity for at least one year
18    prior to the date of termination of service, or (iii) was
19    married to the deceased annuitant for at least one year on
20    the date of the deceased annuitant's death, if at the time
21    of termination of service the deceased annuitant was
22    married for at least one year to a spouse who does not
23    survive the deceased annuitant. (Item (iii) applies to the

 

 

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1    spouses of annuitants who die on or after the effective
2    date of this amendatory Act of the 97th General Assembly,
3    nothwithstanding whether the annuitant was in service on or
4    after that effective date or the effective date of Public
5    Act 87-850.)
6        (2) The male deceased employee annuitant or such other
7    person entitled to a retirement annuity had contributed to
8    this fund for surviving spouse annuity purposes for at
9    least 1 year or continuously since the effective date of
10    the participating municipality or participating
11    instrumentality.
12        (3) The female deceased employee annuitant or such
13    other person entitled to a retirement annuity was in
14    service on or after July 27, 1972, provided that the
15    annuity shall not be computed on the basis of any
16    retirement annuity effective before that date.
17        (4) If the employee dies before termination of service,
18    the employee did not exclude the spouse from any death
19    benefit or surviving spouse annuity pursuant to subsection
20    (b) of Section 7-118. A designation of beneficiary naming a
21    spouse and children jointly or a trust pursuant to
22    subsection (b) of Section 7-118 shall preclude payment of a
23    surviving spouse annuity.
24    (b) If a person is the spouse of a retiring participating
25employee on the date of the initial payment of a retirement
26annuity and is qualified to receive a surviving spouse annuity

 

 

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1upon the death of the employee and the surviving spouse
2contributions are not refunded to the employee, then a
3surviving spouse annuity shall be payable to that person even
4if the marriage to the employee is dissolved after that date.
5    (c) Eligibility of a surviving spouse shall be determined
6as of the date of death. Only one surviving spouse annuity
7shall be paid on account of the death of any employee.
8(Source: P.A. 87-740; 87-850.)
 
9    (40 ILCS 5/7-222)  (from Ch. 108 1/2, par. 7-222)
10    Sec. 7-222. Reduction of disability and survivor's
11benefits on account of corresponding benefits payable under the
12Workers' Compensation Act and the Workers' Occupational
13Diseases Act. Whenever any person is entitled to a disability
14or survivors benefit under this Article and to benefits under
15the Workers' Compensation Act or the Workers' Occupational
16Diseases Act in relation to the same injury or disease, the
17monthly benefits payable under this Article shall be reduced by
18the amount of any such benefits payable under either of those
19Acts, except payments for medical, surgical and hospital
20services, non-medical remedial care and treatment rendered in
21accordance with a religious method of healing recognized by the
22laws of this State, and for artificial members or appliances,
23and fixed statutory payments for the loss of or the permanent
24and complete loss of the use of any bodily member, provided
25that the monthly benefit payable under this Article shall not

 

 

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1be reduced to less than $10 per month. If the benefits
2deductible under this paragraph are stated in a weekly amount,
3the monthly amount for the purposes of this Section shall be 4
41/3 times the weekly amount.
5(Source: P.A. 81-992.)
 
6    Section 90. The State Mandates Act is amended by adding
7Section 8.35 as follows:
 
8    (30 ILCS 805/8.35 new)
9    Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8
10of this Act, no reimbursement by the State is required for the
11implementation of any mandate created by this amendatory Act of
12the 97th General Assembly.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.