Illinois General Assembly - Full Text of HB1351
Illinois General Assembly

Previous General Assemblies

Full Text of HB1351  98th General Assembly




HB1351 EnrolledLRB098 03985 JDS 34005 b

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
5Section 7-144 as follows:
6    (40 ILCS 5/7-144)  (from Ch. 108 1/2, par. 7-144)
7    Sec. 7-144. Retirement annuities-Suspended during
9    (a) If any person receiving any annuity again becomes an
10employee and receives earnings from employment in a position
11requiring him, or entitling him to elect, to become a
12participating employee, then the annuity payable to such
13employee shall be suspended as of the 1st day of the month
14coincidental with or next following the date upon which such
15person becomes such an employee, unless the person is
16authorized under subsection (b) of Section 7-137.1 of this Code
17to continue receiving a retirement annuity during that period.
18Upon proper qualification of the participating employee
19payment of such annuity may be resumed on the 1st day of the
20month following such qualification and upon proper application
21therefor. The participating employee in such case shall be
22entitled to a supplemental annuity arising from service and
23credits earned subsequent to such re-entry as a participating



HB1351 Enrolled- 2 -LRB098 03985 JDS 34005 b

2    Notwithstanding any other provision of this Article, an
3annuitant shall be considered a participating employee if he or
4she returns to work as an employee with a participating
5employer and works more than 599 hours annually (or 999 hours
6annually with a participating employer that has adopted a
7resolution pursuant to subsection (e) of Section 7-137 of this
8Code). Each of these annual periods shall commence on the month
9and day upon which the annuitant is first employed with the
10participating employer following the effective date of the
12    (b) Supplemental annuities to persons who return to service
13for less than 48 months shall be computed under the provisions
14of Sections 7-141, 7-142 and 7-143. In determining whether an
15employee is eligible for an annuity which requires a minimum
16period of service, his entire period of service shall be taken
17into consideration but the supplemental annuity shall be based
18on earnings and service in the supplemental period only. The
19effective date of the suspended and supplemental annuity for
20the purpose of increases after retirement shall be considered
21to be the effective date of the suspended annuity.
22    (c) Supplemental annuities to persons who return to service
23for 48 months or more shall be a monthly amount determined as
25        (1) An amount shall be computed under subparagraph b of
26    paragraph (1) of subsection (a) of Section 7-142,



HB1351 Enrolled- 3 -LRB098 03985 JDS 34005 b

1    considering all of the service credits of the employee;
2        (2) The actuarial value in monthly payments for life of
3    the annuity payments made before suspension shall be
4    determined and subtracted from the amount determined in (1)
5    above;
6        (3) The monthly amount of the suspended annuity, with
7    any applicable increases after retirement computed from
8    the effective date to the date of reinstatement, shall be
9    subtracted from the amount determined in (2) above and the
10    remainder shall be the amount of the supplemental annuity
11    provided that this amount shall not be less than the amount
12    computed under subsection (b) of this Section.
13        (4) The suspended annuity shall be reinstated at an
14    amount including any increases after retirement from the
15    effective date to date of reinstatement.
16        (5) The effective date of the combined suspended and
17    supplemental annuities for the purposes of increases after
18    retirement shall be considered to be the effective date of
19    the supplemental annuity.
20(Source: P.A. 97-328, eff. 8-12-11; 97-609, eff. 1-1-12.)
21    Section 90. The State Mandates Act is amended by adding
22Section 8.37 as follows:
23    (30 ILCS 805/8.37 new)
24    Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8



HB1351 Enrolled- 4 -LRB098 03985 JDS 34005 b

1of this Act, no reimbursement by the State is required for the
2implementation of any mandate created by this amendatory Act of
3the 98th General Assembly.
4    Section 99. Effective date. This Act takes effect upon
5becoming law.