Rep. Michael J. Madigan

Filed: 2/26/2013

 

 


 

 


 
09800HB1154ham001LRB098 08482 EFG 41386 a

1
AMENDMENT TO HOUSE BILL 1154

2    AMENDMENT NO. ______. Amend House Bill 1154 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by adding
5Sections 2-105.1, 2-105.2, 2-119.2, 14-103.40, 14-103.41,
614-114.1, 15-107.1, 15-107.2, 15-135.5, 16-106.4, 16-106.5,
7and 16-133.6 as follows:
 
8    (40 ILCS 5/2-105.1 new)
9    Sec. 2-105.1. Tier I participant. "Tier I participant": A
10participant who first became a participant before January 1,
112011.
 
12    (40 ILCS 5/2-105.2 new)
13    Sec. 2-105.2. Tier I retiree. "Tier I retiree": a former
14Tier I participant who is receiving a retirement annuity.
 

 

 

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1    (40 ILCS 5/2-119.2 new)
2    Sec. 2-119.2. Termination of annual increases.
3Notwithstanding any other provision of this Article, no
4automatic annual increase in annuity shall be granted on or
5after the effective date of this amendatory Act of the 98th
6General Assembly to (i) any Tier I retiree or (ii) any person
7receiving a survivor's annuity based on the death of a current
8or former Tier I participant or Tier I retiree. Annual
9increases granted before that effective date shall continue in
10force.
11    For purposes of Section 1-103.1, this Section applies
12without regard to whether the Tier I participant or Tier I
13retiree was in service on or after the effective date of this
14Section.
 
15    (40 ILCS 5/14-103.40 new)
16    Sec. 14-103.40. Tier I member. "Tier I member": A member of
17this System who first became a member or participant before
18January 1, 2011 under any reciprocal retirement system or
19pension fund established under this Code other than a
20retirement system or pension fund established under Article 2,
213, 4, 5, 6, or 18 of this Code.
 
22    (40 ILCS 5/14-103.41 new)
23    Sec. 14-103.41. Tier I retiree. "Tier I retiree": A former
24Tier I member who is receiving a retirement annuity.
 

 

 

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1    (40 ILCS 5/14-114.1 new)
2    Sec. 14-114.1. Termination of Tier I annual increases.
3Notwithstanding any other provision of this Article, no
4automatic annual increase in annuity shall be granted on or
5after the effective date of this amendatory Act of the 98th
6General Assembly to (i) any Tier I retiree, (ii) any current or
7former Tier I member receiving a disability benefit, or (iii)
8any person receiving a reversionary annuity or a widow's or
9survivor's annuity based on the death of a current or former
10Tier I member or Tier I retiree. Annual increases granted
11before that effective date shall continue in force.
12    This Section does not apply to any annuity payable to a
13person subject to Section 1-160 with respect to service under
14this Article, nor to any annuity payable under this Article to
15the eligible survivor of such a person. For purposes of Section
161-103.1, this Section applies without regard to whether the
17Tier I member or Tier I retiree was in service on or after the
18effective date of this Section.
 
19    (40 ILCS 5/15-107.1 new)
20    Sec. 15-107.1. Tier I participant. "Tier I participant": A
21participant under this Article, other than a participant in the
22self-managed plan under Section 15-158.2, who first became a
23member or participant before January 1, 2011 under any
24reciprocal retirement system or pension fund established under

 

 

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1this Code other than a retirement system or pension fund
2established under Article 2, 3, 4, 5, 6, or 18 of this Code.
 
3    (40 ILCS 5/15-107.2 new)
4    Sec. 15-107.2. Tier I retiree. "Tier I retiree": A former
5Tier I participant who is receiving a retirement annuity.
6    A person does not become a Tier I retiree by virtue of
7receiving a reversionary, survivors, beneficiary, or
8disability annuity.
 
9    (40 ILCS 5/15-135.5 new)
10    Sec. 15-135.5. Termination of Tier I annual increases.
11Notwithstanding any other provision of this Article, no
12automatic annual increase in annuity shall be granted on or
13after the effective date of this amendatory Act of the 98th
14General Assembly to (i) any Tier I retiree, (ii) any current or
15former Tier I participant receiving a disability benefit, or
16(iii) any person receiving a survivors insurance benefit,
17reversionary annuity, or other type of annuity based on the
18death of a current or former Tier I participant or Tier I
19retiree. Annual increases granted before that effective date
20shall continue in force.
21    This Section does not apply to any annuity payable to a
22person subject to Section 1-160 with respect to service under
23this Article, nor to any annuity payable under this Article to
24the eligible survivor of such a person. This Section does not

 

 

09800HB1154ham001- 5 -LRB098 08482 EFG 41386 a

1apply to benefits, including disability benefits, payable
2under the self-managed plan. For purposes of Section 1-103.1,
3this Section applies without regard to whether the Tier I
4participant or Tier I retiree was in service on or after the
5effective date of this Section.
 
6    (40 ILCS 5/16-106.4 new)
7    Sec. 16-106.4. Tier I member. "Tier I member": A member
8under this Article who first became a member or participant
9before January 1, 2011 under any reciprocal retirement system
10or pension fund established under this Code other than a
11retirement system or pension fund established under Article 2,
123, 4, 5, 6, or 18 of this Code.
 
13    (40 ILCS 5/16-106.5 new)
14    Sec. 16-106.5. Tier I retiree. "Tier I retiree": A former
15Tier I member who is receiving a retirement annuity.
 
16    (40 ILCS 5/16-133.6 new)
17    Sec. 16-133.6. Termination of Tier I annual increases.
18Notwithstanding any other provision of this Article, no
19automatic annual increase in annuity shall be granted on or
20after the effective date of this amendatory Act of the 98th
21General Assembly to (i) any Tier I retiree, (ii) any current or
22former Tier I member receiving a disability benefit, or (iii)
23any person receiving a reversionary annuity or survivor's

 

 

09800HB1154ham001- 6 -LRB098 08482 EFG 41386 a

1benefit based on the death of a current or former Tier I member
2or Tier I retiree. Annual increases granted before that
3effective date shall continue in force.
4    This Section does not apply to any annuity payable to a
5person subject to Section 1-160 with respect to service under
6this Article, nor to any annuity payable under this Article to
7the eligible survivor of such a person. For purposes of Section
81-103.1, this Section applies without regard to whether the
9Tier I member or Tier I retiree was in service on or after the
10effective date of this Section.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".