093_HB1556

 
                                     LRB093 02117 EFG 02123 b

 1        AN ACT in relation to public employee benefits.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Pension  Code  is  amended  by
 5    changing  Sections  14-114,  14-119,  14-121,  and  14-128 as
 6    follows:

 7        (40 ILCS 5/14-114) (from Ch. 108 1/2, par. 14-114)
 8        Sec. 14-114.  Automatic increase in retirement annuity.
 9        (a)  Any person receiving a retirement annuity under this
10    Article who retires having attained age 60,  or  who  retires
11    before  age 60 having at least 35 years of creditable service
12    (or at least 20  years  of  eligible  creditable  service  as
13    defined  in  Section  14-110),  or  who  retires  on or after
14    January 1, 2001 at an age which, when added to the number  of
15    years  of  his or her creditable service, equals at least 85,
16    shall, on January 1 next following the  first  full  year  of
17    retirement,  have  the  amount  of the then fixed and payable
18    monthly retirement annuity increased 3%.
19        Any person receiving  a  retirement  annuity  under  this
20    Article who retires before attainment of age 60 and with less
21    than  (i)  35  years  of  creditable service if retirement is
22    before January 1, 2001,  or  (ii)  the  number  of  years  of
23    creditable  service  which,  when  added to the member's age,
24    would equal 85, if retirement is on or after January 1, 2001,
25    shall have the amount of the  fixed  and  payable  retirement
26    annuity increased by 3% on the January 1 occurring on or next
27    following  (1)  attainment  of  age  60,  or  (2)  the  first
28    anniversary of retirement, whichever occurs later.
29        Until  January  1,  2004 however, for persons who receive
30    the alternative  retirement  annuity  under  Section  14-110,
31    references  in  this  subsection  (a) to attainment of age 60
 
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 1    shall be deemed to refer to attainment of age 55.   Beginning
 2    January  1,  2004,  the  age  requirement  does  not apply to
 3    persons who are receiving an alternative  retirement  annuity
 4    under  Section  14-110.   Any  person  who began receiving an
 5    alternative retirement annuity under  Section  14-110  on  or
 6    before  January 1, 2003 and has not received the first annual
 7    increase under this Section shall be entitled to that initial
 8    increase on January 1, 2004.
 9        For a person receiving early retirement incentives  under
10    Section 14-108.3 whose retirement annuity began after January
11    1, 1992 pursuant to an extension granted under subsection (e)
12    of that Section, the first anniversary of retirement shall be
13    deemed to be January 1, 1993.  For a person who retires on or
14    after  June  28,  2001  and on or before October 1, 2001, and
15    whose retirement annuity is calculated, in whole or in  part,
16    under  Section  14-110  or  subsection  (g) or (h) of Section
17    14-108, the first anniversary of retirement shall  be  deemed
18    to be January 1, 2002.
19        On  each  January  1  following  the  date of the initial
20    increase  under  this  subsection,  the  employee's   monthly
21    retirement annuity shall be increased by an additional 3%.
22        Beginning January 1, 1990, all automatic annual increases
23    payable   under   this  Section  shall  be  calculated  as  a
24    percentage of the total annuity payable at the  time  of  the
25    increase,  including  previous  increases  granted under this
26    Article.
27        Beginning January 1, 2004, all automatic annual increases
28    payable  under  this  Section  to  persons  who  receive  the
29    alternative retirement annuity under Section 14-110 shall  be
30    calculated at the rate of 4% rather than 3%.
31        (b)  The  provisions  of  subsection  (a) of this Section
32    shall be applicable to an employee only if the employee makes
33    the additional contributions required after December 31, 1969
34    for the purpose of the automatic increases for not less  than
 
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 1    the  equivalent  of  one full year. If an employee becomes an
 2    annuitant before his additional contributions equal one  full
 3    year's  contributions  based  on  his  salary  at the date of
 4    retirement, the employee may pay the necessary balance of the
 5    contributions  to  the  system,  without  interest,  and   be
 6    eligible  for  the  increasing  annuity  authorized  by  this
 7    Section.
 8        (c)  The  provisions  of  subsection  (a) of this Section
 9    shall not be applicable to any annuitant who is on retirement
10    on  December  31,  1969,  and  thereafter  returns  to  State
11    service, unless the member has established at least one  year
12    of  additional  creditable  service  following  reentry  into
13    service.
14        (d)  In addition to other increases which may be provided
15    by  this  Section,  on  January 1, 1981 any annuitant who was
16    receiving a retirement annuity on or before January  1,  1971
17    shall  have  his retirement annuity then being paid increased
18    $1 per month for each year of creditable service.  On January
19    1, 1982, any  annuitant  who  began  receiving  a  retirement
20    annuity  on  or  before  January  1,  1977,  shall  have  his
21    retirement annuity then being paid increased $1 per month for
22    each year of creditable service.
23        On  January  1, 1987, any annuitant who began receiving a
24    retirement annuity on or before January 1, 1977,  shall  have
25    the  monthly  retirement annuity increased by an amount equal
26    to 8¢ per year of creditable  service  times  the  number  of
27    years that have elapsed since the annuity began.
28        (e)  Every person who receives the alternative retirement
29    annuity  under  Section 14-110 and who is eligible to receive
30    the 3% increase under subsection  (a)  on  January  1,  1986,
31    shall  also  receive  on  that  date  a  one-time increase in
32    retirement annuity equal to the difference  between  (1)  his
33    actual   retirement  annuity  on  that  date,  including  any
34    increases received under subsection (a), and (2)  the  amount
 
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 1    of  retirement annuity he would have received on that date if
 2    the amendments to subsection (a) made by  Public  Act  84-162
 3    had been in effect since the date of his retirement.
 4    (Source: P.A.  91-927,  eff.  12-14-00;  92-14, eff. 6-28-01;
 5    92-651, eff. 7-11-02.)

 6        (40 ILCS 5/14-119) (from Ch. 108 1/2, par. 14-119)
 7        Sec. 14-119.  Amount of widow's annuity.
 8        (a)  The widow's annuity shall be 50% of  the  amount  of
 9    retirement annuity payable to the member on the date of death
10    while  on  retirement  if an annuitant, or on the date of his
11    death while in service if an employee, regardless of his  age
12    on  such date, or on the date of withdrawal if death occurred
13    after termination of service under the conditions  prescribed
14    in the preceding Section.
15        (b)  If  an eligible widow, regardless of age, has in her
16    care any unmarried child or children of the member under  age
17    18 (under age 22 if a full-time student), the widow's annuity
18    shall  be  increased  in  the  amount of 5% of the retirement
19    annuity for each such child, but the combined payments for  a
20    widow  and  children shall not exceed 66 2/3% of the member's
21    earned retirement annuity.
22        The amount of retirement annuity from which  the  widow's
23    annuity is derived shall be that earned by the member without
24    regard  to whether he attained age 60 prior to his withdrawal
25    under the conditions stated or prior to his death.
26        (c)  Adopted children shall be considered as children  of
27    the   member  only  if  the  proceedings  for  adoption  were
28    commenced at least 1 year prior to the member's death.
29        Marriage of a child shall render the child ineligible for
30    further consideration in the increase in the  amount  of  the
31    widow's annuity.
32        Attainment  of  age  18  (age  22 if a full-time student)
33    shall render a child ineligible for further consideration  in
 
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 1    the  increase  of the widow's annuity, but the annuity to the
 2    widow shall be continued thereafter, without  regard  to  her
 3    age at that time.
 4        (d)  A  widow's annuity payable on account of any covered
 5    employee who shall have been a covered employee for at  least
 6    18  months shall be reduced by 1/2 of the amount of survivors
 7    benefits to which his beneficiaries are  eligible  under  the
 8    provisions  of  the  Federal Social Security Act, except that
 9    (1) the amount of any  widow's  annuity  payable  under  this
10    Article  shall not be reduced by reason of any increase under
11    that Act which occurs  after  the  offset  required  by  this
12    subsection  is  first  applied  to  that annuity, and (2) for
13    benefits granted on or after  January  1,  1992,  the  offset
14    under  this subsection (d) shall not exceed 50% of the amount
15    of widow's annuity otherwise payable.
16        (e)  Upon the death of a recipient of a  widow's  annuity
17    the   excess,   if      any,   of  the  member's  accumulated
18    contributions  plus  credited  interest  over   all   annuity
19    payments  to the member and widow, exclusive of the $500 lump
20    sum payment, shall be paid to the named  beneficiary  of  the
21    widow, or if none has been named, to the estate of the widow,
22    provided no reversionary annuity is payable.
23        (f)  On  January  1,  1981,  any  recipient  of a widow's
24    annuity who was receiving a  widow's  annuity  on  or  before
25    January  1,  1971,  shall have her widow's annuity then being
26    paid increased by 1% for each full  year  which  has  elapsed
27    from the date the widow's annuity began.  On January 1, 1982,
28    any  recipient  of  a  widow's  annuity who began receiving a
29    widow's annuity after January 1, 1971, but before January  1,
30    1981,   shall  have  her  widow's  annuity  then  being  paid
31    increased by 1% for each full year which has elapsed from the
32    date the widow's annuity began.   On  January  1,  1987,  any
33    recipient  of  a  widow's  annuity  who  began  receiving the
34    widow's annuity on or before January 1, 1977, shall have  the
 
                            -6-      LRB093 02117 EFG 02123 b
 1    monthly  widow's  annuity  increased by $1 for each full year
 2    which has elapsed since the date the annuity began.
 3        (g)  Beginning January 1,  1990,  every  widow's  annuity
 4    shall  be  increased  (1)  on  each January 1 occurring on or
 5    after the commencement of the annuity if the deceased  member
 6    died  while  receiving  a retirement annuity, or (2) in other
 7    cases, on each January 1 occurring  on  or  after  the  first
 8    anniversary  of the commencement of the annuity, by an amount
 9    equal to 3% of the current amount of the  annuity,  including
10    any  previous  increases  under this Article.  Such increases
11    shall apply without regard to whether the deceased member was
12    in service on or after  the  effective  date  of  Public  Act
13    86-1488, but shall not accrue for any period prior to January
14    1, 1990.
15        Beginning January 1, 2004, all automatic annual increases
16    payable  under  this  subsection  to  widows  of  persons who
17    received  or  were  eligible  to   receive   an   alternative
18    retirement  annuity  under Section 14-110 shall be calculated
19    at the rate of 4% rather than 3%.
20    (Source: P.A. 90-448, eff. 8-16-97.)

21        (40 ILCS 5/14-121) (from Ch. 108 1/2, par. 14-121)
22        Sec. 14-121.  Amount of survivors annuity.   A  survivors
23    annuity  beneficiary  shall  be  entitled  upon  death of the
24    member to a single sum payment of $1,000,  payable  pro  rata
25    among all persons entitled thereto, together with a survivors
26    annuity  payable  at  the  rates  and  under  the  conditions
27    specified in this Article.
28        (a)  If  the  survivors  annuity beneficiary is a spouse,
29    the  survivors  annuity  shall  be  30%  of   final   average
30    compensation subject to a maximum payment of $400 per month.
31        (b)  If an eligible child or children under the care of a
32    spouse  also  survives  the  member,  such  spouse as natural
33    guardian of the child or children shall receive, in  addition
 
                            -7-      LRB093 02117 EFG 02123 b
 1    to  the  foregoing annuity, 20% of final average compensation
 2    on account of each  such  child  and  10%  of  final  average
 3    compensation divided pro rata among such children, subject to
 4    a   maximum  payment  on  account  of  all  survivor  annuity
 5    beneficiaries of $600 per month, or 80% of the member's final
 6    average compensation, whichever is the lesser.
 7        (c)  If   the   survivors    annuity    beneficiary    or
 8    beneficiaries consists of an unmarried child or children, the
 9    amount  of  survivors  annuity  shall be 20% of final average
10    compensation  to  each  child,  and  10%  of  final   average
11    compensation   divided  pro  rata  among  all  such  children
12    entitled to such annuity, subject to a maximum payment to all
13    children combined of $600 per month or 80%  of  the  member's
14    final average compensation, whichever is the lesser.
15        (d)  If  the survivors annuity beneficiary is one or more
16    dependent parents, the annuity shall be 20% of final  average
17    compensation   to  each  parent  and  10%  of  final  average
18    compensation divided pro rata among the parents  who  qualify
19    for  this  annuity,  subject  to  a  maximum  payment to both
20    dependent parents of $400 per month.
21        (e)  The survivors annuity to  the  spouse,  children  or
22    dependent  parents  of  a member whose death occurs after the
23    date of last withdrawal, or after  retirement,  or  while  in
24    service  following  reentry into service after retirement but
25    before  completing  1  1/2  years  of  additional  creditable
26    service, shall not exceed the lesser of 80% of  the  member's
27    earned retirement annuity at the date of death or the maximum
28    previously established in this Section.
29        (f)  In   applying   the  limitation  prescribed  on  the
30    combined  payments   to   2   or   more   survivors   annuity
31    beneficiaries,  the  annuity  on  account of each beneficiary
32    shall be reduced pro rata until such time as  the  number  of
33    beneficiaries makes the reduction no longer applicable.
34        (g)  A  survivors  annuity  payable  on  account  of  any
 
                            -8-      LRB093 02117 EFG 02123 b
 1    covered  employee  who shall have been a covered employee for
 2    at least 18 months at  date  of  death  or  last  withdrawal,
 3    whichever  is  the  later,  shall  be  reduced  by 1/2 of the
 4    survivors benefits to which his  beneficiaries  are  eligible
 5    under  the  federal  Social Security Act, except that (1) the
 6    survivors annuity payable under this  Article  shall  not  be
 7    reduced by any increase under that Act which occurs after the
 8    offset  required  by this subsection is first applied to that
 9    annuity, and (2) for benefits granted on or after January  1,
10    1992,  the  offset under this subsection (g) shall not exceed
11    50% of the amount of survivors annuity otherwise payable.
12        (h)  The minimum payment to a beneficiary hereunder shall
13    be $60 per month, which shall be reduced in  accordance  with
14    the  limitation  prescribed  on  the combined payments to all
15    beneficiaries of a member.
16        (i)  Subject to  the  conditions  set  forth  in  Section
17    14-120,  the  minimum total survivors annuity benefit payable
18    to the survivors annuity beneficiaries of a  deceased  member
19    or  annuitant whose death occurs on or after January 1, 1984,
20    shall be 50% of the amount of retirement annuity that was  or
21    would have been payable to the deceased on the date of death,
22    regardless  of  the age of the deceased on such date.  If the
23    minimum total benefit provided by this subsection exceeds the
24    maximum otherwise imposed by this Section, the minimum  total
25    benefit  shall  nevertheless be payable.  Any increase in the
26    total survivors annuity benefit resulting from the  operation
27    of  this  subsection  shall  be  divided  among the survivors
28    annuity beneficiaries of the deceased in proportion to  their
29    shares  of  the  total  survivors  annuity  benefit otherwise
30    payable under this Section.
31        (j)  Any  survivors  annuity  beneficiary  whose  annuity
32    terminates due to any condition  specified  in  this  Article
33    other than death shall be entitled to a refund of the excess,
34    if  any,  of the accumulated contributions of the member plus
 
                            -9-      LRB093 02117 EFG 02123 b
 1    credited  interest  over  all  payments  to  the  member  and
 2    beneficiary or beneficiaries, exclusive  of  the  single  sum
 3    payment   of   $1,000,   provided   no  future  survivors  or
 4    reversionary annuity benefits are payable.
 5        (k)  Upon the death of the last eligible recipient  of  a
 6    survivors  annuity  the  excess,  if  any,  of  the  member's
 7    accumulated  contributions  plus  credited  interest over all
 8    annuity payments to the member and survivors exclusive of the
 9    single sum payment of $1000,  shall  be  paid  to  the  named
10    beneficiary  of  the  last  eligible survivor, or if none has
11    been named, to the estate  of  the  last  eligible  survivor,
12    provided no reversionary annuity is payable.
13        (l)  On January 1, 1981, any survivor who was receiving a
14    survivors  annuity  on  or before January 1, 1971, shall have
15    his survivors annuity then being paid  increased  by  1%  for
16    each  full  year  which has elapsed from the date the annuity
17    began.  On January 1, 1982, any survivor who began  receiving
18    a  survivor's  annuity  after  January  1,  1971,  but before
19    January 1, 1981, shall have his survivor's annuity then being
20    paid increased by 1% for each full year that has elapsed from
21    the date the annuity began. On January 1, 1987, any  survivor
22    who began receiving a survivor's annuity on or before January
23    1,  1977, shall have the monthly survivor's annuity increased
24    by $1 for each full year which has elapsed since the date the
25    survivor's annuity began.
26        (m)  Beginning January 1, 1990, every survivor's  annuity
27    shall  be  increased  (1)  on  each January 1 occurring on or
28    after the commencement of the annuity if the deceased  member
29    died  while  receiving  a retirement annuity, or (2) in other
30    cases, on each January 1 occurring  on  or  after  the  first
31    anniversary  of the commencement of the annuity, by an amount
32    equal to 3% of the current amount of the  annuity,  including
33    any  previous  increases  under this Article.  Such increases
34    shall apply without regard to whether the deceased member was
 
                            -10-     LRB093 02117 EFG 02123 b
 1    in service on or after  the  effective  date  of  Public  Act
 2    86-1488, but shall not accrue for any period prior to January
 3    1, 1990.
 4        Beginning January 1, 2004, all automatic annual increases
 5    payable  under  this  subsection  to survivors of persons who
 6    received  or  were  eligible  to   receive   an   alternative
 7    retirement  annuity  under Section 14-110 shall be calculated
 8    at the rate of 4% rather than 3%.
 9    (Source: P.A. 86-273; 86-1488; 87-794.)

10        (40 ILCS 5/14-128) (from Ch. 108 1/2, par. 14-128)
11        Sec.   14-128.    Occupational   death    benefit.     An
12    occupational  death  benefit  is provided for a member of the
13    System whose death, prior to  retirement,  is  the  proximate
14    result  of  bodily  injuries  sustained or a hazard undergone
15    while in the performance and within the scope of the member's
16    duties.
17        (a)  Conditions for payment.
18        Exclusive of the lump sum payment  provided  for  herein,
19    all  annuities under this Section shall accrue and be payable
20    for complete calendar months, beginning on the first  day  of
21    the  month  next  following the month in which the initiating
22    event occurs and ending on the last day of the month in which
23    the terminating event occurs.
24        The following  named  survivors  of  the  member  may  be
25    eligible for an annuity under this Section:
26             (i)  The member's spouse.
27             (ii)  An  unmarried child of the member under age 18
28        (under age 22  if  a  full-time  student);  an  unmarried
29        stepchild  under  age  18  (under  age  22 if a full-time
30        student) who has been such for at least one year  at  the
31        date  of  the  member's death; an unmarried adopted child
32        under age 18 (under age 22 if a full-time student) if the
33        adoption proceedings were initiated  at  least  one  year
 
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 1        prior  to the death of the member; and an unmarried child
 2        over age 18 who is dependent by reason of a  physical  or
 3        mental disability, for so long as such physical or mental
 4        disability  continues.   For the purposes of this Section
 5        disability means inability to engage in  any  substantial
 6        gainful  activity by reason of any medically determinable
 7        physical or mental impairment which can  be  expected  to
 8        result in death or which has lasted or can be expected to
 9        last for a continuous period of not less than 12 months.
10             (iii)  If  no spouse or eligible children survive: a
11        dependent parent of the member; a  dependent  step-parent
12        by  a  marriage contracted before the member attained age
13        18; or a dependent adopting parent by whom the member was
14        adopted before he or she attained age 18.
15        The term "dependent" relating to  an  occupational  death
16    benefit means a survivor of the member who was receiving from
17    the  member at the date of the member's death at least 1/2 of
18    the support for maintenance including board, lodging, medical
19    care and like living costs.
20        Payment  of  the  annuity  shall   continue   until   the
21    occurrence of the following:
22             (1)  remarriage before age 55 that occurs before the
23        effective date of this amendatory Act of the 91st General
24        Assembly or death, in the case of a surviving spouse;
25             (2)  attainment   of   age   18  or  termination  of
26        disability,  death,  or  marriage,  in  the  case  of  an
27        eligible child;
28             (3)  remarriage before age 55 or death, in the  case
29        of a dependent parent.
30        If  none of the aforementioned beneficiaries is living at
31    the date of  death  of  the  member,  no  occupational  death
32    benefit  shall  be  payable,  but  the  nonoccupational death
33    benefit shall be payable as provided in this Article.
34        The change made to this subsection by this amendatory Act
 
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 1    of the 91st General Assembly (pertaining to remarriage  prior
 2    to  age  55)  applies  without regard to whether the deceased
 3    member was in service on or after the effective date of  this
 4    amendatory Act.
 5        (b)  Amount of benefit.
 6        The  member's  accumulated  contributions  plus  credited
 7    interest shall be payable in a lump sum to such person as the
 8    member  has nominated by written direction, duly acknowledged
 9    and filed with the Board, or if no  such  nomination  to  the
10    estate  of the member.  When an annuitant is re-employed by a
11    Department,  the  accumulated  contributions  plus   credited
12    interest payable on the member's account shall, if the member
13    has not previously elected a reversionary annuity, consist of
14    the  excess,  if  any,  of  the  member's  total  accumulated
15    contributions  plus  credited  interest  for  all  creditable
16    service  over  the  total  amount  of  all retirement annuity
17    payments received by the member prior to death.
18        In addition to  the  foregoing  payment,  an  annuity  is
19    provided for eligible survivors as follows:
20             (1)  If  the  survivor is a spouse only, the annuity
21        shall be 50% of the member's final average compensation.
22             (2)  If the  spouse  has  in  his  or  her  care  an
23        eligible   child   or  children,  the  annuity  shall  be
24        increased by an amount equal to 15% of the final  average
25        compensation  on account of each such child, subject to a
26        limitation on  the  combined  annuities  to  a  surviving
27        spouse and children of 75% of final average compensation.
28             (3)  If  there  is  no  surviving  spouse, or if the
29        surviving spouse dies or remarries while a child  remains
30        eligible,  then  each  such child shall be entitled to an
31        annuity of 15% of the  deceased  member's  final  average
32        compensation,  subject  to  a  limitation of 50% of final
33        average compensation to all such children.
34             (4)  If there is no  surviving  spouse  or  eligible
 
                            -13-     LRB093 02117 EFG 02123 b
 1        children,  then  an  annuity  shall  be  payable  to  the
 2        member's dependent parents, equal to 25% of final average
 3        compensation to each such beneficiary.
 4        If  any  annuity  payable under this Section is less than
 5    the  corresponding  survivors  annuity,  the  beneficiary  or
 6    beneficiaries of the annuity under this Section may elect  to
 7    receive  the  survivors annuity and the nonoccupational death
 8    benefit provided for in this Article in lieu of  the  annuity
 9    provided under this Section.
10        (c)  Occupational  death  claims  pending adjudication by
11    the  Industrial  Commission  or  a  ruling  by   the   agency
12    responsible  for determining the liability of the State under
13    the "Workers' Compensation  Act"  or  "Workers'  Occupational
14    Diseases  Act"  shall  be  payable  under Sections 14-120 and
15    14-121  until  a  ruling  or  adjudication  occurs,  if   the
16    beneficiary  or  beneficiaries:  (1)  meet all conditions for
17    payment as prescribed in this Article;  and  (2)  execute  an
18    assignment of benefits payable as a result of adjudication by
19    the   Industrial   Commission  or  a  ruling  by  the  agency
20    responsible for determining the liability of the State  under
21    such  Acts.   The  assignment shall be made to the System and
22    shall be for an amount equal to the excess of  benefits  paid
23    under  Sections  14-120 and 14-121 over benefits payable as a
24    result of adjudication of  the  workers'  compensation  claim
25    computed from the date of death of the member.
26        (d)  Every  occupational death annuity payable under this
27    Section shall be increased on each January 1 occurring on  or
28    after  (i)  January 1, 1990, or (ii) the first anniversary of
29    the commencement of the annuity, whichever occurs  later,  by
30    an  amount  equal to 3% of the current amount of the annuity,
31    including any previous increases under this Article,  without
32    regard  to  whether the deceased member was in service on the
33    effective date of this amendatory Act of 1991.
34        Beginning January 1, 2004, all automatic annual increases
 
                            -14-     LRB093 02117 EFG 02123 b
 1    payable under this subsection to survivors of a  person  who,
 2    on  the  last day of service, was earning eligible creditable
 3    service as defined in Section 14-110 shall be  calculated  at
 4    the rate of 4% rather than 3%.
 5    (Source: P.A. 90-448, eff. 8-16-97; 91-887, eff. 7-6-00.)

 6        Section  99.  Effective date.  This Act takes effect upon
 7    becoming law.