98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4467

 

Introduced , by Rep. Dwight Kay

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.830 new
30 ILCS 105/5.831 new
40 ILCS 5/2-100 new
40 ILCS 5/2-163 new
40 ILCS 5/18-100 new
40 ILCS 5/18-170 new

    Amends the General Assembly and Judges Articles of the Pension Code. Provides that no participant may accrue service credit and no benefits may be paid to any retiree or survivor. Provides that the Court of Claims shall direct the refund of participant pension contributions. Repeals the General Assembly and Judges Articles 2 years after the effective date of the amendatory Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

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 State Finance Act is amended by adding
5Sections 5.830 and 5.831 as follows:
 
6    (30 ILCS 105/5.830 new)
7    Sec. 5.830. The Article 2 Pension Contribution Refund Fund.
 
8    (30 ILCS 105/5.831 new)
9    Sec. 5.831. The Article 18 Pension Contribution Refund
10Fund.
 
11    Section 10. The Illinois Pension Code is amended by adding
12Sections 2-100, 2-163, 18-100, and 18-170 as follows:
 
13    (40 ILCS 5/2-100 new)
14    Sec. 2-100. Termination of benefits; refund of
15contributions. Notwithstanding any provision of law to the
16contrary:
17        (a) Except as otherwise provided in this Section, on
18    and after the effective date of this amendatory Act of the
19    98th General Assembly, no participant shall accrue service
20    credit under this Article and no participant or survivor of

 

 

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1    a participant shall receive any benefit under this Article,
2    including, but not limited to, a retirement, reversionary,
3    or survivor's annuity.
4        (b) On the effective date of this amendatory Act of the
5    98th General Assembly, all funds held by or on behalf of
6    the System are transferred to a special fund in the State
7    treasury, which shall be known as the Article 2 Pension
8    Contribution Refund Fund. Distributions from the Article 2
9    Pension Contribution Refund Fund shall be made at the
10    direction of the Court of Claims or as provided in
11    subsection (d) of this Section.
12        (c) For the period prior to one year after the
13    effective date of this amendatory Act of the 98th General
14    Assembly, any participant, annuitant, refund beneficiary,
15    or other beneficiary may apply to the Court of Claims to
16    receive the refund of the contributions actually made by
17    the participant or annuitant that have not already been
18    paid in the form of benefits. No refunds shall be made for
19    contributions made by the State, whether in the form of
20    participant contributions or otherwise. The Court of
21    Claims shall have the authority to order distributions from
22    the Article 2 Pension Contribution Refund Fund to make such
23    refunds, and no other funds may be used for that purpose.
24        (d) As soon as all orders for payment entered by the
25    Court of Claims under subsection (c) of this Section have
26    been complied with, any funds remaining in the Article 2

 

 

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1    Pension Contribution Refund Fund shall be paid into the
2    General Revenue Fund.
 
3    (40 ILCS 5/2-163 new)
4    Sec. 2-163. Repealer. This Article 2 is repealed 2 years
5after the effective date of this amendatory Act of the 98th
6General Assembly.
 
7    (40 ILCS 5/18-100 new)
8    Sec. 18-100. Termination of benefits; refund of
9contributions. Notwithstanding any provision of law to the
10contrary:
11        (a) Except as otherwise provided in this Section, on
12    and after the effective date of this amendatory Act of the
13    98th General Assembly, no participant shall accrue service
14    credit under this Article and no participant or survivor of
15    a participant shall receive any benefit under this Article,
16    including, but not limited to, a retirement, reversionary,
17    or survivor's annuity.
18        (b) On the effective date of this amendatory Act of the
19    98th General Assembly, all funds held by or on behalf of
20    the System are transferred to a special fund in the State
21    treasury, which shall be known as the Article 18 Pension
22    Contribution Refund Fund. Distributions from the Article
23    18 Pension Contribution Refund Fund shall be made at the
24    direction of the Court of Claims or as provided in

 

 

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1    subsection (d) of this Section.
2        (c) For the period prior to one year after the
3    effective date of this amendatory Act of the 98th General
4    Assembly, any participant, annuitant, refund beneficiary,
5    or other beneficiary may apply to the Court of Claims to
6    receive the refund of the contributions actually made by
7    the participant or annuitant that have not already been
8    paid in the form of benefits. No refunds shall be made for
9    contributions made by the State, whether in the form of
10    participant contributions or otherwise. The Court of
11    Claims shall have the authority to order distributions from
12    the Article 18 Pension Contribution Refund Fund to make
13    such refunds, and no other funds may be used for that
14    purpose.
15        (d) As soon as all orders for payment entered by the
16    Court of Claims under subsection (c) of this Section have
17    been complied with, any funds remaining in the Article 18
18    Pension Contribution Refund Fund shall be paid into the
19    General Revenue Fund.
 
20    (40 ILCS 5/18-170 new)
21    Sec. 18-170. Repealer. This Article 18 is repealed 2 years
22after the effective date of this amendatory Act of the 98th
23General Assembly.
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.