Rep. Eva-Dina Delgado

Filed: 5/9/2023

 

 


 

 


 
10300SB1648ham001LRB103 27807 RPS 61591 a

1
AMENDMENT TO SENATE BILL 1648

2    AMENDMENT NO. ______. Amend Senate Bill 1648 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing Section 11-159 and by adding Sections 11-159.1 and
614-126.5 as follows:
 
7    (40 ILCS 5/11-159)  (from Ch. 108 1/2, par. 11-159)
8    Sec. 11-159. Annuity after withdrawal while disabled for
9employees who first became participants prior to January 1,
102011.
11    (a) This Section applies to employees who first became
12participants prior to January 1, 2011.
13    (b) An employee whose disability continues after the
14employee he has received ordinary disability benefits benefit
15for the maximum period of time prescribed by this Article, and
16who withdraws before age 60 while still so disabled, is

 

 

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1entitled to receive an annuity in of such amount as can be
2provided from the total sum accumulated to the employee's his
3credit from employee contributions and employer city
4contributions, to be computed as of the employee's his age on
5the date of withdrawal. If the minimum annuity under Section
611-134 applies and is greater than the annuity under this
7subsection (b), then the Section 11-134 annuity shall apply.
8Any annuity under this subsection (b) shall be subject to
9automatic annual increases under Section 11-134.1.
10    (c) The annuity to which the employee's spouse his wife
11shall be entitled upon the employee's his death, shall be
12fixed on the date of the employee's his withdrawal. It shall be
13provided on a reversionary annuity basis from the total sum
14accumulated to the employee's his credit for widow's annuity
15on the date of such withdrawal. If the minimum annuity under
16Section 11-145.1 applies and is greater than the annuity under
17this subsection (c), then the Section 11-145.1 annuity shall
18apply. Any widow's annuity shall not be subject to any
19automatic annual increases.
20    (d) Upon the death of any such employee while on annuity,
21if the employee's his service was at least 4 years after the
22date of the employee's his original entry, and at least 2 years
23after the date of the employee's his latest re-entry, the
24employee's his unmarried child or children under age 18 shall
25be entitled to an annuity as specified in this Article for
26children of an employee who retires after age 55, subject to

 

 

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1prescribed limitations on total payments to a family of an
2employee.
3(Source: P.A. 81-1536.)
 
4    (40 ILCS 5/11-159.1 new)
5    Sec. 11-159.1. Annuity after withdrawal while disabled for
6employees who first became participants on or after January 1,
72011.
8    (a) This Section applies to employees who first became
9participants on or after January 1, 2011.
10    (b) An employee whose disability continues after the
11employee has received ordinary disability benefits for the
12maximum period of time prescribed by this Article and who
13withdraws before becoming eligible for a retirement annuity
14under subsection (c), (c-5), (d), or (d-5) of Section 1-160
15while still so disabled is entitled to receive an annuity in
16such amount as can be provided from the total sum accumulated
17to the employee's credit from employee contributions and
18employer contributions, to be computed as of the employee's
19age on the date of withdrawal. The minimum annuity under
20Section 11-134 shall not apply, and any annuity under this
21subsection (b) shall not be subject to any automatic annual
22increases.
23    (c) The annuity to which the employee's spouse shall be
24entitled upon the employee's death shall be fixed on the date
25of the employee's withdrawal. It shall be provided on a

 

 

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1reversionary annuity basis from the total sum accumulated to
2the employee's credit for widow's annuity on the date of such
3withdrawal. The minimum annuity under Section 11-145.1 shall
4not apply and any widow's annuity under this subsection (c)
5shall not be subject to any automatic annual increases.
6    (d) Upon the death of any such employee while on annuity,
7if the employee's service was at least 4 years after the date
8of the employee's original entry, and at least 2 years after
9the date of the employee's latest re-entry, the employee's
10unmarried children under age 18 shall be entitled to an
11annuity as specified in this Article for children of an
12employee who retires after age 55, subject to prescribed
13limitations on total payments to a family of an employee.
 
14    (40 ILCS 5/14-126.5 new)
15    Sec. 14-126.5. Retirement annuity option for termination
16of ordinary disability benefit. A member who is subject to the
17provisions of Section 1-160 whose disability continues but
18whose disability benefit is either terminated due to attaining
19age 65 or terminated after 5 years because the ordinary
20disability benefit commenced after age 60 shall immediately
21qualify to begin receiving a retirement annuity without the
22reduction provided under subsection (d) of Section 1-160 if
23the member has earned at least 10 years of creditable service.
 
24    Section 90. The State Mandates Act is amended by adding

 

 

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1Section 8.47 as follows:
 
2    (30 ILCS 805/8.47 new)
3    Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
48 of this Act, no reimbursement by the State is required for
5the implementation of any mandate created by this amendatory
6Act of the 103rd General Assembly.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".