Full Text of HB0049 95th General Assembly
HB0049 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0049
Introduced 1/19/2007, by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Pension Code. Provides that, beginning on the effective date, legally adopted children shall be entitled to the same benefits as other children, and no child's or survivor's benefit shall be disallowed because the child is an adopted child. Makes related changes throughout the Code. Includes language exempting any benefit increase as a result from the new benefit increase provisions in the General Assembly, State Employees, State Universities, and Judges Articles of the Code. Amends the State Mandates Act to require implementation without reimbursement.
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB0049 |
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LRB095 03657 AMC 23683 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 1-104.3, 2-121, 2-162, 3-108, 4-114, 4-115.1, 5-152, | 6 |
| 6-148, 6-151, 7-145.2, 7-160, 8-120, 8-243.3, 9-115, 9-121.7, | 7 |
| 11-153, 12-137, 13-308, 13-314, 14-119, 14-120, 14-128, | 8 |
| 14-152.1, 15-129, 15-198, 18-128, 18-169, and 19-115 as | 9 |
| follows: | 10 |
| (40 ILCS 5/1-104.3 new)
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| Sec. 1-104.3. Adopted children. Notwithstanding any other | 12 |
| provision of this Code to the contrary, beginning on the | 13 |
| effective date of this amendatory Act of the 95th General | 14 |
| Assembly, legally adopted children shall be entitled to the | 15 |
| same benefits as other children, and no child's or survivor's | 16 |
| benefit shall be disallowed because the child is an adopted | 17 |
| child. The provisions of this Section apply without regard to | 18 |
| whether the employee or member was in service on or after the | 19 |
| date of the adoption of the child.
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| (40 ILCS 5/2-121) (from Ch. 108 1/2, par. 2-121)
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| Sec. 2-121. Survivor's annuity - conditions for payment.
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| (a) A survivor's annuity shall be payable to a surviving |
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| spouse or
eligible child (1) upon the death in service of a | 2 |
| participant with at least
2 years of service credit, or (2) | 3 |
| upon the death of an annuitant in receipt
of a retirement | 4 |
| annuity, or (3) upon the death of a participant who terminated
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| service with at least 4 years of service credit.
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| The change in this subsection (a) made by this amendatory | 7 |
| Act of 1995
applies to survivors of participants who die on or | 8 |
| after December 1, 1994,
without regard to whether or not the | 9 |
| participant was in service on or after
the effective date of | 10 |
| this amendatory Act of 1995.
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| (b) To be eligible for the survivor's annuity, the spouse | 12 |
| and the
participant or annuitant must have been married for a | 13 |
| continuous period of at
least one year immediately preceding | 14 |
| the date of death, but need not have
been married on the day of | 15 |
| the participant's last termination of service,
regardless of | 16 |
| whether such termination occurred prior to the effective date
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| of this amendatory Act of 1985.
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| (c) The annuity shall be payable beginning on the date of a
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| participant's death, or the first of the month following an | 20 |
| annuitant's
death, if the spouse is then age 50 or over, or | 21 |
| beginning at age 50 if the
spouse is then under age 50. If an | 22 |
| eligible child or children of the
participant or annuitant (or | 23 |
| a child or children of the eligible spouse
meeting the criteria | 24 |
| of item (1), (2), or (3) of subsection (d) of this
Section) | 25 |
| also survive, and the child or children are under
the care of | 26 |
| the eligible spouse, the annuity shall begin as of the date of
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| a participant's death, or the first of the month following an | 2 |
| annuitant's
death, without regard to the spouse's age.
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| The change to this subsection made by this amendatory Act | 4 |
| of 1998
(relating to children of an eligible spouse) applies to | 5 |
| the eligible spouse
of a participant or annuitant who dies on | 6 |
| or after the effective date of this
amendatory Act, without | 7 |
| regard to whether the participant or annuitant is in
service on | 8 |
| or after that effective date.
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| (d) For the purposes of this Section and Section 2-121.1, | 10 |
| "eligible child"
means a child of the deceased participant or | 11 |
| annuitant
who is at least one of the following:
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| (1) unmarried and under the age of 18;
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| (2) unmarried, a full-time student, and under the age | 14 |
| of 22;
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| (3) dependent by reason of physical or mental | 16 |
| disability.
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| The inclusion of unmarried students under age 22 in the | 18 |
| calculation of
survivor's annuities by this amendatory Act of | 19 |
| 1991 shall apply to all
eligible students beginning January 1, | 20 |
| 1992, without regard to whether the
deceased participant or | 21 |
| annuitant was in service on or after the effective
date of this | 22 |
| amendatory Act of 1991.
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| Adopted children shall have the same status as children of | 24 |
| the
participant or annuitant, but only if the proceedings for | 25 |
| adoption are
commenced at least one year prior to the date of | 26 |
| the participant's
or annuitant's death.
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| (e) Remarriage of a surviving spouse prior to attainment of | 2 |
| age 55
shall disqualify the surviving spouse from the receipt | 3 |
| of a survivor's
annuity, if the remarriage occurs before the | 4 |
| effective date of this
amendatory Act of the 91st General | 5 |
| Assembly.
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| The changes made to this subsection by this amendatory Act | 7 |
| of the 91st
General Assembly (pertaining to remarriage prior to | 8 |
| age 55) apply without
regard to whether the deceased | 9 |
| participant or annuitant was in service on or
after the | 10 |
| effective date of this amendatory Act.
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| (Source: P.A. 90-766, eff. 8-14-98; 91-887, eff. 7-6-00.)
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| (40 ILCS 5/2-162)
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| Sec. 2-162. Application and expiration of new benefit | 14 |
| increases. | 15 |
| (a) As used in this Section, "new benefit increase" means | 16 |
| an increase in the amount of any benefit provided under this | 17 |
| Article, or an expansion of the conditions of eligibility for | 18 |
| any benefit under this Article, that results from an amendment | 19 |
| to this Code that takes effect after June 1, 2005 ( the | 20 |
| effective date of Public Act 94-4)
this amendatory Act of the | 21 |
| 94th General Assembly . "New benefit increase", however, does | 22 |
| not include any benefit increase resulting from the changes | 23 |
| made by this amendatory Act of the 95th General Assembly.
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| (b) Notwithstanding any other provision of this Code or any | 25 |
| subsequent amendment to this Code, every new benefit increase |
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| is subject to this Section and shall be deemed to be granted | 2 |
| only in conformance with and contingent upon compliance with | 3 |
| the provisions of this Section.
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| (c) The Public Act enacting a new benefit increase must | 5 |
| identify and provide for payment to the System of additional | 6 |
| funding at least sufficient to fund the resulting annual | 7 |
| increase in cost to the System as it accrues. | 8 |
| Every new benefit increase is contingent upon the General | 9 |
| Assembly providing the additional funding required under this | 10 |
| subsection. The Commission on Government Forecasting and | 11 |
| Accountability shall analyze whether adequate additional | 12 |
| funding has been provided for the new benefit increase and | 13 |
| shall report its analysis to the Public Pension Division of the | 14 |
| Department of Financial and Professional Regulation. A new | 15 |
| benefit increase created by a Public Act that does not include | 16 |
| the additional funding required under this subsection is null | 17 |
| and void. If the Public Pension Division determines that the | 18 |
| additional funding provided for a new benefit increase under | 19 |
| this subsection is or has become inadequate, it may so certify | 20 |
| to the Governor and the State Comptroller and, in the absence | 21 |
| of corrective action by the General Assembly, the new benefit | 22 |
| increase shall expire at the end of the fiscal year in which | 23 |
| the certification is made.
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| (d) Every new benefit increase shall expire 5 years after | 25 |
| its effective date or on such earlier date as may be specified | 26 |
| in the language enacting the new benefit increase or provided |
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| under subsection (c). This does not prevent the General | 2 |
| Assembly from extending or re-creating a new benefit increase | 3 |
| by law. | 4 |
| (e) Except as otherwise provided in the language creating | 5 |
| the new benefit increase, a new benefit increase that expires | 6 |
| under this Section continues to apply to persons who applied | 7 |
| and qualified for the affected benefit while the new benefit | 8 |
| increase was in effect and to the affected beneficiaries and | 9 |
| alternate payees of such persons, but does not apply to any | 10 |
| other person, including without limitation a person who | 11 |
| continues in service after the expiration date and did not | 12 |
| apply and qualify for the affected benefit while the new | 13 |
| benefit increase was in effect.
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| (Source: P.A. 94-4, eff. 6-1-05.)
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| (40 ILCS 5/3-108) (from Ch. 108 1/2, par. 3-108)
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| Sec. 3-108. Child or children. "Child" or "children": | 17 |
| "Child" or "children" includes a police officer's
natural and | 18 |
| legally adopted
children. Adopted
children shall be eligible | 19 |
| for benefits only if the judicial proceedings
for adoption were | 20 |
| commenced at least one year prior to the death or
disability of | 21 |
| the police officer and in any event prior
to his or her | 22 |
| attainment of age 50.
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| (Source: P.A. 83-1440.)
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| (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
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| Sec. 4-114. Pension to survivors. If a firefighter who is | 2 |
| not receiving a
disability pension under Section 4-110 or | 3 |
| 4-110.1 dies (1) as a result of any
illness or accident, or (2) | 4 |
| from any cause while in receipt of a disability
pension under | 5 |
| this Article, or (3) during retirement after 20 years service, | 6 |
| or
(4) while vested for or in receipt of a pension payable | 7 |
| under subsection (b)
of Section 4-109, or (5) while a deferred | 8 |
| pensioner, having made all required
contributions, a pension | 9 |
| shall be paid to his or her survivors, based on the
monthly | 10 |
| salary attached to the firefighter's rank on the last day of | 11 |
| service
in the fire department, as follows:
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| (a)(1) To the surviving spouse, a monthly pension of
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| 40% of the monthly salary, and to the guardian of any minor | 14 |
| child or
children including a child which has been | 15 |
| conceived but not yet born, 12%
of such monthly salary for | 16 |
| each such child until attainment of age 18 or
until the | 17 |
| child's marriage, whichever occurs first. Beginning July | 18 |
| 1,
1993, the monthly pension to the surviving spouse shall | 19 |
| be 54% of the
monthly salary for all persons receiving a | 20 |
| surviving spouse pension under
this Article, regardless of | 21 |
| whether the deceased firefighter was in service
on or after | 22 |
| the effective date of this amendatory Act of 1993.
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| (2) Beginning July 1, 2004, unless the amount provided | 24 |
| under paragraph (1) of this subsection (a) is greater, the | 25 |
| total monthly pension payable under
this paragraph (a), | 26 |
| including any amount payable on account of children, to the |
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| surviving spouse of a firefighter who died (i) while
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| receiving a retirement pension, (ii) while he or she was a | 3 |
| deferred pensioner with at least 20 years of creditable | 4 |
| service, or (iii) while he or she was in active service | 5 |
| having at least 20 years of creditable service, regardless | 6 |
| of age, shall be no less than 100% of the monthly | 7 |
| retirement pension earned by
the deceased firefighter at | 8 |
| the time of death, regardless of whether death occurs | 9 |
| before or after attainment of age 50, including any
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| increases under Section 4-109.1. This minimum applies to | 11 |
| all such surviving
spouses who are eligible to receive a | 12 |
| surviving spouse pension, regardless of
whether the | 13 |
| deceased firefighter was in service on or after the | 14 |
| effective date
of this amendatory Act of the 93rd General | 15 |
| Assembly, and notwithstanding any
limitation on maximum | 16 |
| pension under paragraph (d) or any other provision of
this | 17 |
| Article.
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| (3) If the pension paid on and after July 1, 2004 to | 19 |
| the surviving spouse of a firefighter who died on or after | 20 |
| July 1, 2004 and before the effective date of this | 21 |
| amendatory Act of the 93rd General Assembly was less than | 22 |
| the minimum pension payable under paragraph (1) or (2) of | 23 |
| this subsection (a), the fund shall pay a lump sum equal to | 24 |
| the difference within 90 days after the effective date of | 25 |
| this amendatory Act of the 93rd General Assembly.
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| The pension to the surviving spouse shall terminate in the |
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| event of the
surviving spouse's remarriage prior to July 1, | 2 |
| 1993; remarriage on or after
that date does not affect the | 3 |
| surviving spouse's pension, regardless of
whether the deceased | 4 |
| firefighter was in service on or after the effective
date of | 5 |
| this amendatory Act of 1993.
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| The surviving spouse's pension shall be subject to the | 7 |
| minimum established
in Section 4-109.2.
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| (b) Upon the death of the surviving spouse leaving one or | 9 |
| more minor
children, to the duly appointed guardian of each | 10 |
| such child, for support
and maintenance of each such child | 11 |
| until the child reaches age 18 or
marries, whichever occurs | 12 |
| first, a monthly pension of 20% of the monthly
salary.
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| (c) If a deceased firefighter leaves no surviving spouse or | 14 |
| unmarried
minor children under age 18, but leaves a dependent | 15 |
| father or mother, to
each dependent parent a monthly pension of | 16 |
| 18% of the monthly salary. To
qualify for the pension, a | 17 |
| dependent parent must furnish satisfactory proof
that the | 18 |
| deceased firefighter was at the time of his or her death the | 19 |
| sole
supporter of the parent or that the parent was the | 20 |
| deceased's dependent for
federal income tax purposes.
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| (d) The total pension provided under paragraphs (a), (b) | 22 |
| and (c) of this
Section shall not exceed 75% of the monthly | 23 |
| salary of the deceased firefighter
(1) when paid to the | 24 |
| survivor of a firefighter who has attained 20 or more
years of | 25 |
| service credit and who receives or is eligible to receive a | 26 |
| retirement
pension under this Article, or (2) when paid to the |
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| survivor of a firefighter
who dies as a result of illness or | 2 |
| accident, or (3) when paid to the survivor
of a firefighter who | 3 |
| dies from any cause while in receipt of a disability
pension | 4 |
| under this Article, or (4) when paid to the survivor of a | 5 |
| deferred
pensioner. For all other survivors of deceased | 6 |
| firefighters, the total pension
provided under paragraphs (a), | 7 |
| (b) and (c) of this Section shall not exceed 50%
of the | 8 |
| retirement annuity the firefighter would have received on the | 9 |
| date of
death.
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| The maximum pension limitations in this paragraph (d) do | 11 |
| not control
over any contrary provision of this Article | 12 |
| explicitly establishing a minimum
amount of pension or granting | 13 |
| a one-time or annual increase in pension.
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| (e) If a firefighter leaves no eligible survivors under | 15 |
| paragraphs (a),
(b) and (c), the board shall refund to the | 16 |
| firefighter's estate the amount
of his or her accumulated | 17 |
| contributions, less the amount of pension
payments, if any, | 18 |
| made to the firefighter while living.
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| (f) (Blank)
An adopted child is eligible for the pension | 20 |
| provided under
paragraph (a) if the child was adopted before | 21 |
| the firefighter attained age 50 .
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| (g) If a judgment of dissolution of marriage between a | 23 |
| firefighter and
spouse is judicially set aside subsequent to | 24 |
| the firefighter's death, the
surviving spouse is eligible for | 25 |
| the pension provided in paragraph (a) only
if the judicial | 26 |
| proceedings are filed within 2 years after the date of the
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| dissolution of marriage and within one year after the | 2 |
| firefighter's death and
the board is made a party to the | 3 |
| proceedings. In such case the pension shall be
payable only | 4 |
| from the date of the court's order setting aside the judgment | 5 |
| of
dissolution of marriage.
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| (h) Benefits payable on account of a child under this | 7 |
| Section shall
not be reduced or terminated by reason of the | 8 |
| child's attainment of age 18
if he or she is then dependent by | 9 |
| reason of a physical or mental disability
but shall continue to | 10 |
| be paid as long as such dependency continues.
Individuals over | 11 |
| the age of 18 and adjudged as a disabled person pursuant
to | 12 |
| Article XIa of the Probate Act of 1975, except for persons | 13 |
| receiving
benefits under Article III of the Illinois Public Aid | 14 |
| Code, shall be
eligible to receive benefits under this Act.
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| (i) Beginning January 1, 2000, the pension of the surviving | 16 |
| spouse of
a firefighter who dies on or after January 1, 1994 as | 17 |
| a result of sickness,
accident, or injury incurred in or | 18 |
| resulting from the performance of an act of
duty or from the | 19 |
| cumulative effects of acts of duty shall not be less than 100%
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| of the salary attached to the rank held by the deceased | 21 |
| firefighter on the last
day of service, notwithstanding | 22 |
| subsection (d) or any other provision of
this Article.
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| (j) Beginning July 1, 2004, the pension of the surviving | 24 |
| spouse of
a firefighter who dies on or after January 1, 1988 as | 25 |
| a result of sickness,
accident, or injury incurred in or | 26 |
| resulting from the performance of an act of
duty or from the |
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| cumulative effects of acts of duty shall not be less than 100%
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| of the salary attached to the rank held by the deceased | 3 |
| firefighter on the last
day of service, notwithstanding | 4 |
| subsection (d) or any other provision of
this Article.
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| (Source: P.A. 93-689, eff. 7-1-04; 93-1090, eff. 3-11-05.)
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| (40 ILCS 5/4-115.1) (from Ch. 108 1/2, par. 4-115.1)
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| Sec. 4-115.1. Eligibility of children. Dependent benefits | 8 |
| shall be paid to
each natural child of a deceased firefighter, | 9 |
| and to each child legally adopted
before the firefighter | 10 |
| attains age 50 , until the child's attainment of age
18 or | 11 |
| marriage, whichever occurs first, whether or not the death of | 12 |
| the
firefighter occurred prior to November 21, 1975.
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| Benefits payable to or on account of a child under this | 14 |
| Article shall not
be reduced or terminated by reason of the | 15 |
| child's adoption by a third party
after the firefighter's | 16 |
| death.
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| Benefits payable to or on account of a child under this | 18 |
| Article shall not be reduced or terminated by reason of the | 19 |
| child's
attainment of age 18 if he or she is then dependent by | 20 |
| reason of a physical or
mental disability but shall continue to | 21 |
| be paid as long as such dependency
continues. Individuals over | 22 |
| the age of 18 and adjudged as a disabled person
pursuant to | 23 |
| Article XIa of the Probate Act of 1975, except for persons
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| receiving benefits under Article III of the Illinois Public Aid | 25 |
| Code, shall be
eligible to receive benefits under this Act.
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| (Source: P.A. 90-32, eff. 6-27-97.)
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| (40 ILCS 5/5-152) (from Ch. 108 1/2, par. 5-152)
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| Sec. 5-152. Child's annuity - Conditions - Amount. A | 4 |
| child's
annuity shall be payable in the following cases of | 5 |
| policemen who die
on or after the effective date: (a) A | 6 |
| policeman whose death results
from injury incurred in the | 7 |
| performance of an act or acts of duty;
(b) a policeman who dies | 8 |
| in service from any cause; (c) a policeman
who withdraws upon | 9 |
| or after attainment of age 50 and who enters upon
or is | 10 |
| eligible for annuity; (d) a present employee with at least 20
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| years of service who dies after withdrawal, whether or not he | 12 |
| has
entered upon annuity.
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| A child to be eligible must have been born or legally | 14 |
| adopted
before the policeman has withdrawn from service. In the | 15 |
| case of an adopted
child, the policeman shall be married and | 16 |
| living with his wife at the
time of the adoption, and the | 17 |
| proceedings for adoption must have been
initiated at least 6 | 18 |
| months prior to the policeman's death. The requirement
that the | 19 |
| proceedings for adoption be initiated at least 6 months prior | 20 |
| to
the policeman's death does not apply where death occurs as a | 21 |
| result of
an act of duty.
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| Only one annuity shall be granted and paid for the benefit | 23 |
| of
any child if both parents have been policemen.
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| The annuity shall be paid, without regard to the fact that
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| the death of the deceased policeman parent may have occurred |
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| prior to
the effective date of this amendatory Act of 1975, in
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| an amount equal to 10% of the
annual maximum salary attached to | 3 |
| the classified civil
service position of a first class | 4 |
| patrolman
on July 1, 1975, or the date of the policeman's | 5 |
| death, whichever is later,
for each child while a widow or | 6 |
| widower of the
deceased policeman survives and in
an amount | 7 |
| equal to 15% of the annual maximum
salary attached to the | 8 |
| classified civil service position of a first
class patrolman on | 9 |
| July 1, 1975, or the date of the policeman's death, whichever
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| is later, while no widow
or widower shall survive,
provided | 11 |
| that if the combined annuities for the widow
and children of a | 12 |
| policeman who dies on or after September 26, 1969,
as the | 13 |
| result of an act of duty, or for the children of such
policeman | 14 |
| in any case wherein a widow or widower does not exist,
exceed | 15 |
| the salary that would ordinarily have been paid to him if
he | 16 |
| had been in the active discharge of his duties, all such | 17 |
| annuities shall be
reduced pro rata so that the combined | 18 |
| annuities for the family shall
not exceed such limitation. The | 19 |
| compensation portion of the annuity
of the widow shall not be | 20 |
| considered in making such reduction.
Benefits payable under | 21 |
| this Section shall not be reduced or
terminated by reason of | 22 |
| any child's attainment of age 18 if he is then
dependent by | 23 |
| reason of a physical or mental disability but shall continue
to | 24 |
| be paid as long as such dependency continues. For the purposes | 25 |
| of this
subsection, "disability" means inability to engage in | 26 |
| any substantial
gainful activity by reason of any medically |
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| determinable physical or
mental impairment which can be | 2 |
| expected to result in death or which has
lasted or can be | 3 |
| expected to last for a continuous period of not less
than 12 | 4 |
| months.
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| In the case of a family of a policeman who dies on or after
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| September 26, 1969, as the result of any cause other than the | 7 |
| performance
of an act of duty, in which annuities for such | 8 |
| family exceed an amount
equal to 60% of the salary that would | 9 |
| ordinarily have been paid to
him if he had been in the active | 10 |
| discharge of his duties, all such
annuities shall be reduced | 11 |
| pro rata so that the combined annuities shall
not exceed such | 12 |
| limitation.
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| Child's annuity shall be paid to the parent providing for
| 14 |
| the child, unless another person is appointed by a court of law | 15 |
| as
the child's guardian.
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| (Source: P.A. 79-699; 79-881; 79-1454.)
| 17 |
| (40 ILCS 5/6-148) (from Ch. 108 1/2, par. 6-148)
| 18 |
| Sec. 6-148. A child's annuity, shall be paid for the | 19 |
| benefit of any
unmarried child, less than age 18, of any | 20 |
| following described firemen:
| 21 |
| (a) A fireman whose death results from the performance of | 22 |
| any act or
acts of duty; (b) a fireman who dies in service from | 23 |
| any cause; (c) a
fireman who withdraws subsequent to age 50 and | 24 |
| who enters upon or is
eligible for annuity; and (d) a fireman | 25 |
| having at least 20 years of
service who withdraws and dies |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| before he enters upon annuity.
| 2 |
| A child to be eligible must have been born or in esse | 3 |
| before the
fireman withdrew, or legally adopted by a fireman at | 4 |
| least one year prior
to the fireman's death or
withdrawal. The | 5 |
| requirement that the adoption take place at least 1 year
prior | 6 |
| to the fireman's death does not apply where death occurs as a
| 7 |
| result of an act or acts of duty or as the result of any | 8 |
| accident.
| 9 |
| The annuity shall be paid without regard to the fact that | 10 |
| the death
of the deceased fireman parent may have occurred | 11 |
| prior to the effective
date of this amendatory Act and shall be | 12 |
| paid monthly in an amount equal
to 15% of the current annual | 13 |
| maximum salary attached to the classified
civil service | 14 |
| position of fire fighter if no widow survives and 10% of
such | 15 |
| salary while the widow survives and no age limitation in this
| 16 |
| Section shall apply to a child who is so physically or mentally
| 17 |
| handicapped as to be unable to support himself; provided, if | 18 |
| annuities
for the widow and children of a fireman who dies on | 19 |
| or after the
effective date and whose death has been the result | 20 |
| of an act or acts of
duty performed on or after said date, or | 21 |
| for the children in any such
case wherein a widow shall not | 22 |
| exist, computed at the rates hereinbefore
stated, would exceed | 23 |
| the final annual salary of a first class fireman,
(one who | 24 |
| receives maximum salary for classified civil service rank of
| 25 |
| fire fighter), the annuity for each child shall be reduced pro | 26 |
| rata so
that the combined annuities for the family of the |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| fireman shall not
exceed such amount; and in the case of the | 2 |
| family of a fireman who dies
on or after said date and whose | 3 |
| death is the result of any cause or
causes other than injury | 4 |
| incurred in the performance of an act or acts
of duty in which | 5 |
| annuities for such family, computed at the rates
hereinbefore | 6 |
| stated would exceed 60% of the final annual salary of a
first | 7 |
| class fireman, the annuity of each child shall be reduced pro | 8 |
| rata
so that the combined annuities for the family do not | 9 |
| exceed such
limitation.
| 10 |
| Child's annuity shall be paid to the parent who is | 11 |
| providing for the
child, unless another person is appointed by | 12 |
| a court of law as the
child's guardian.
| 13 |
| (Source: P.A. 84-11.)
| 14 |
| (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
| 15 |
| Sec. 6-151. An active fireman who is or becomes disabled on | 16 |
| or after the
effective date as the result of a specific injury, | 17 |
| or of cumulative
injuries, or of specific sickness incurred in | 18 |
| or resulting from an act or
acts of duty, shall have the right | 19 |
| to receive duty disability benefit
during any period of such | 20 |
| disability for which he does not receive or have
a right to | 21 |
| receive salary, equal to 75% of his salary at the time the
| 22 |
| disability is allowed. However, beginning January 1, 1994, no
| 23 |
| duty disability benefit that has been payable under this | 24 |
| Section for at least
10 years shall be less than 50%
of the | 25 |
| current salary attached from time to time to the rank and grade |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| held
by the fireman at the time of his removal from the | 2 |
| Department payroll,
regardless of whether that removal | 3 |
| occurred before the effective date of
this amendatory Act of | 4 |
| 1993.
| 5 |
| Whenever an active fireman is or becomes so injured or | 6 |
| sick, as to
require medical or hospital attention, the chief | 7 |
| officer of the fire
department of the city shall file, or cause | 8 |
| to be filed, with the board a
report of the nature and cause of | 9 |
| his disability, together with the
certificate or report of the | 10 |
| physician attending or treating, or who
attended or treated the | 11 |
| fireman, and a copy of any hospital record
concerning the | 12 |
| disability. Any injury or sickness not reported to the board
in | 13 |
| time to permit the board's physician to examine the fireman | 14 |
| before his
recovery, and any injury or sickness for which a | 15 |
| physician's report or copy
of the hospital record is not on | 16 |
| file with the board shall not be
considered for the payment of | 17 |
| duty disability benefit.
| 18 |
| Such fireman shall also receive a child's disability | 19 |
| benefit of $30 per
month on account of each unmarried child, | 20 |
| the issue of the fireman or
legally adopted by him prior to the | 21 |
| date of disability , who is less
than 18 years of age or | 22 |
| handicapped and dependent upon the fireman for
support. The | 23 |
| total amount of child's disability benefit shall not exceed
25% | 24 |
| of his salary at the time the disability is allowed.
| 25 |
| The first payment of duty disability or child's disability | 26 |
| benefit shall
be made not later than one month after the |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| benefit is granted. Each
subsequent payment shall be made not | 2 |
| later than one month after the date of
the latest payment.
| 3 |
| Duty disability benefit shall be payable during the period | 4 |
| of the
disability until the fireman reaches the age of | 5 |
| compulsory retirement.
Child's disability benefit shall be | 6 |
| paid to such a fireman during the
period of disability until | 7 |
| such child or children attain age 18 or marries,
whichever | 8 |
| event occurs first; except that attainment of age 18 by a child
| 9 |
| who is so physically or mentally handicapped as to be dependent | 10 |
| upon the
fireman for support, shall not render the child | 11 |
| ineligible for child's
disability benefit. The fireman shall | 12 |
| thereafter receive such
annuity or annuities as are provided | 13 |
| for him in accordance with other
provisions of this Article.
| 14 |
| (Source: P.A. 88-528.)
| 15 |
| (40 ILCS 5/7-145.2)
| 16 |
| Sec. 7-145.2. Alternative survivor's benefits for | 17 |
| survivors of county
officers.
In lieu of the survivor's | 18 |
| benefits otherwise payable under this
Article, the spouse or | 19 |
| eligible child of any deceased elected county
officer who (1) | 20 |
| had elected to participate in the
Fund, and (2) was either | 21 |
| making additional optional contributions in
accordance with | 22 |
| Section 7-145.1 on the date of death, or was receiving
an | 23 |
| annuity calculated under that Section at the time of death, may | 24 |
| elect to
receive an annuity beginning on the date of the
| 25 |
| elected county officer's death, provided that the spouse and |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| officer must
have been married on the date of the last | 2 |
| termination of his or her service
as an elected county officer | 3 |
| and for a continuous period of at least one year
immediately | 4 |
| preceding his or her death.
| 5 |
| The annuity shall be payable beginning on the date of the | 6 |
| elected
county officer's death if the spouse is then age 50 or | 7 |
| over, or beginning
at age 50 if the age of the spouse is less | 8 |
| than 50 years. If a minor
unmarried child or children of the | 9 |
| county officer, under age 18, also
survive, and the child or | 10 |
| children are under the care of the eligible
spouse, the annuity | 11 |
| shall begin as of the date of death of the elected county
| 12 |
| officer without regard to the spouse's age.
| 13 |
| The annuity to a spouse shall be 66 2/3% of the amount of | 14 |
| retirement
annuity earned by the elected county officer on the | 15 |
| date of death, subject to a
minimum payment of 10% of salary, | 16 |
| provided that if an eligible spouse,
regardless of age, has in | 17 |
| his or her care at the date of death of the
elected county | 18 |
| officer any unmarried child or children of the county
officer, | 19 |
| under age 18, the minimum annuity shall be 30% of the elected
| 20 |
| officer's salary, plus 10% of salary on account of each minor | 21 |
| child
of the elected county officer, subject to a combined | 22 |
| total payment on
account of a spouse and minor children not to | 23 |
| exceed 50% of the deceased
officer's salary. In the event there | 24 |
| shall be no spouse
of the elected county officer surviving, or | 25 |
| should a
spouse remarry or die while eligible minor children | 26 |
| still survive the
elected county officer, each such child shall |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| be entitled to an annuity
equal to 20% of salary of the elected | 2 |
| officer subject to a combined total
payment on account of all | 3 |
| such children not to exceed 50% of salary of the
elected county | 4 |
| officer. The salary to be used in the calculation of these
| 5 |
| benefits shall be the same as that prescribed for determining a | 6 |
| retirement
annuity as provided in Section 7-145.1.
| 7 |
| Upon the death of an elected county officer occurring after | 8 |
| termination
of service or while in receipt of a retirement | 9 |
| annuity, the combined total
payment to a spouse and minor | 10 |
| children, or to minor children alone if no
eligible spouse | 11 |
| survives, shall be limited to 75% of the amount of
retirement | 12 |
| annuity earned by the county officer.
| 13 |
| Adopted children shall have status as children of the | 14 |
| elected county
officer only if the proceedings for adoption | 15 |
| were commenced at least one
year prior to the date of the | 16 |
| elected county officer's death.
| 17 |
| Marriage of a child or attainment of age 18, whichever | 18 |
| first occurs,
shall render the child ineligible for further | 19 |
| consideration in the payment
of an annuity to a spouse or in | 20 |
| the increase in the amount thereof. Upon
attainment of | 21 |
| ineligibility of the youngest minor child of the elected
county | 22 |
| officer, the annuity shall immediately revert to the amount | 23 |
| payable
upon death of an elected county officer leaving no | 24 |
| minor children surviving
him or her. If the spouse is under age | 25 |
| 50 at such time, the annuity as
revised shall be deferred until | 26 |
| such age is attained. Remarriage of a
widow or widower prior to |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| attainment of age 55 shall disqualify the spouse
from the | 2 |
| receipt of an annuity.
| 3 |
| (Source: P.A. 90-32, eff. 6-27-97.)
| 4 |
| (40 ILCS 5/7-160) (from Ch. 108 1/2, par. 7-160)
| 5 |
| Sec. 7-160. Child annuities-eligibility.
| 6 |
| Child annuities shall be payable to each child of an | 7 |
| employee annuitant
who dies with no surviving spouse and whose | 8 |
| spouse would have been eligible
to receive a surviving spouse | 9 |
| annuity, and each child of a deceased
employee whose surviving | 10 |
| spouse dies and whose spouse, immediately prior to
death, was | 11 |
| receiving or would have been eligible to receive, a surviving
| 12 |
| spouse annuity, or who left no surviving spouse, is eligible to | 13 |
| receive a
child annuity, provided:
| 14 |
| a. The child is less than age 18 and unmarried;
| 15 |
| b. The child is the natural born or legally adopted child | 16 |
| of the
employee and was born prior to the date of the | 17 |
| employee's latest
resignation or discharge from the service of | 18 |
| the participating
municipality;
| 19 |
| c. (Blank)
If the child is legally adopted, the legal | 20 |
| proceedings therefor were
commenced at least 1 year before the | 21 |
| death of the participating employee or
employee annuitant .
| 22 |
| (Source: P.A. 78-255.)
| 23 |
| (40 ILCS 5/8-120) (from Ch. 108 1/2, par. 8-120)
| 24 |
| Sec. 8-120. Child or children. "Child" or "children": The |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| natural child or children, or any child or
children legally | 2 |
| adopted by an employee at least one year prior to the date
any | 3 |
| benefit for the child or children accrues .
| 4 |
| (Source: P.A. 92-599, eff. 6-28-02.)
| 5 |
| (40 ILCS 5/8-243.3) (from Ch. 108 1/2, par. 8-243.3)
| 6 |
| Sec. 8-243.3. Alternative survivor's benefits for | 7 |
| survivors of city
officers. In lieu of the survivor's benefits | 8 |
| otherwise payable under this
Article, the spouse or eligible | 9 |
| child of any deceased city officer
elected by vote of the | 10 |
| people who (1) had elected to participate in the
Fund, and (2) | 11 |
| was either making additional optional contributions in
| 12 |
| accordance with Section 8-243.2 on the date of death, or was | 13 |
| receiving
an annuity calculated under that Section at the time | 14 |
| of death, may elect to
receive an annuity beginning on the date | 15 |
| of the
elected city officer's death, provided that the spouse | 16 |
| and officer must
have been married on the date of the last | 17 |
| termination of his or her service
as an elected city officer | 18 |
| and for a continuous period of at least one year
immediately | 19 |
| preceding his or her death.
| 20 |
| The annuity shall be payable beginning on the date of the | 21 |
| elected
city officer's death if the spouse is then age 50 or | 22 |
| over, or beginning
at age 50 if the age of the spouse is less | 23 |
| than 50 years. If a minor
unmarried child or children of the | 24 |
| city officer, under age 18, also
survive, and the child or | 25 |
| children are under the care of the eligible
spouse, the annuity |
|
|
|
HB0049 |
- 24 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| shall begin as of the date of death of the elected city
officer | 2 |
| without regard to the spouse's age.
| 3 |
| The annuity to a spouse shall be 66 2/3% of the amount of | 4 |
| retirement
annuity earned by the elected city officer on the | 5 |
| date of death, subject to a
minimum payment of 10% of salary, | 6 |
| provided that if an eligible spouse,
regardless of age, has in | 7 |
| his or her care at the date of death of the
elected city | 8 |
| officer any unmarried child or children of the city
officer, | 9 |
| under age 18, the minimum annuity shall be 30% of the elected
| 10 |
| officer's salary, plus 10% of salary on account of each minor | 11 |
| child
of the elected city officer, subject to a combined total | 12 |
| payment on
account of a spouse and minor children not to exceed | 13 |
| 50% of the deceased
officer's salary. In the event there shall | 14 |
| be no spouse
of the elected city officer surviving, or should a
| 15 |
| spouse remarry or die while eligible minor children still | 16 |
| survive the
elected city officer, each such child shall be | 17 |
| entitled to an annuity
equal to 20% of salary of the elected | 18 |
| officer subject to a combined total
payment on account of all | 19 |
| such children not to exceed 50% of salary of the
elected city | 20 |
| officer. The salary to be used in the calculation of these
| 21 |
| benefits shall be the same as that prescribed for determining a | 22 |
| retirement
annuity as provided in Section 8-243.2.
| 23 |
| Upon the death of an elected city officer occurring after | 24 |
| termination
of service or while in receipt of a retirement | 25 |
| annuity, the combined total
payment to a spouse and minor | 26 |
| children, or to minor children alone if no
eligible spouse |
|
|
|
HB0049 |
- 25 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| survives, shall be limited to 75% of the amount of
retirement | 2 |
| annuity earned by the city officer.
| 3 |
| Adopted children shall have status as children of the | 4 |
| elected city
officer only if the proceedings for adoption were | 5 |
| commenced at least one
year prior to the date of the elected | 6 |
| city officer's death.
| 7 |
| Marriage of a child or attainment of age 18, whichever | 8 |
| first occurs,
shall render the child ineligible for further | 9 |
| consideration in the payment
of an annuity to a spouse or in | 10 |
| the increase in the amount thereof. Upon
attainment of | 11 |
| ineligibility of the youngest minor child of the elected
city | 12 |
| officer, the annuity shall immediately revert to the amount | 13 |
| payable
upon death of an elected city officer leaving no minor | 14 |
| children surviving
him or her. If the spouse is under age 50 at | 15 |
| such time, the annuity as
revised shall be deferred until such | 16 |
| age is attained. Remarriage of a
widow or widower prior to | 17 |
| attainment of age 55 shall disqualify the spouse
from the | 18 |
| receipt of an annuity.
| 19 |
| (Source: P.A. 86-1488.)
| 20 |
| (40 ILCS 5/9-115) (from Ch. 108 1/2, par. 9-115)
| 21 |
| Sec. 9-115. Child or children.
| 22 |
| "Child" or "children": The natural child or children or any | 23 |
| child or
children legally adopted by an employee at least 1 | 24 |
| year prior to the date
any benefit for the child or children | 25 |
| accrues, and so adopted prior to the
employee's attainment of |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| age 55 .
| 2 |
| (Source: Laws 1963, p. 161.)
| 3 |
| (40 ILCS 5/9-121.7) (from Ch. 108 1/2, par. 9-121.7)
| 4 |
| Sec. 9-121.7. Alternative survivor's benefits for | 5 |
| survivors of county
officers. In lieu of the survivor's | 6 |
| benefits otherwise payable under this
Article, the spouse or | 7 |
| eligible child of any deceased county officer
elected by vote | 8 |
| of the people who (1) had elected to participate in the
Fund, | 9 |
| and (2) was either making additional optional contributions in
| 10 |
| accordance with Section 9-121.6 on the date of death, or was | 11 |
| receiving
an annuity calculated under that Section at the time | 12 |
| of death, may elect to
receive an annuity beginning on the date | 13 |
| of the
elected county officer's death, provided that the spouse | 14 |
| and officer must
have been married on the date of the last | 15 |
| termination of his or her service
as an elected county officer | 16 |
| and for a continuous period of at least one year
immediately | 17 |
| preceding his or her death.
| 18 |
| The annuity shall be payable beginning on the date of the | 19 |
| elected
county officer's death if the spouse is then age 50 or | 20 |
| over, or beginning
at age 50 if the age of the spouse is less | 21 |
| than 50 years. If a minor
unmarried child or children of the | 22 |
| county officer, under age 18, also
survive, and the child or | 23 |
| children are under the care of the eligible
spouse, the annuity | 24 |
| shall begin as of the date of death of the elected county
| 25 |
| officer without regard to the spouse's age.
|
|
|
|
HB0049 |
- 27 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| The annuity to a spouse shall be 66 2/3% of the amount of | 2 |
| retirement
annuity earned by the elected county officer on the | 3 |
| date of death, subject to a
minimum payment of 10% of salary, | 4 |
| provided that if an eligible spouse,
regardless of age, has in | 5 |
| his or her care at the date of death of the
elected county | 6 |
| officer any unmarried child or children of the county
officer, | 7 |
| under age 18, the minimum annuity shall be 30% of the elected
| 8 |
| officer's salary, plus 10% of salary on account of each minor | 9 |
| child
of the elected county officer, subject to a combined | 10 |
| total payment on
account of a spouse and minor children not to | 11 |
| exceed 50% of the deceased
officer's salary. In the event there | 12 |
| shall be no spouse
of the elected county officer surviving, or | 13 |
| should a
spouse remarry or die while eligible minor children | 14 |
| still survive the
elected county officer, each such child shall | 15 |
| be entitled to an annuity
equal to 20% of salary of the elected | 16 |
| officer subject to a combined total
payment on account of all | 17 |
| such children not to exceed 50% of salary of the
elected county | 18 |
| officer. The salary to be used in the calculation of these
| 19 |
| benefits shall be the same as that prescribed for determining a | 20 |
| retirement
annuity as provided in Section 9-121.6.
| 21 |
| Upon the death of an elected county officer occurring after | 22 |
| termination
of service or while in receipt of a retirement | 23 |
| annuity, the combined total
payment to a spouse and minor | 24 |
| children, or to minor children alone if no
eligible spouse | 25 |
| survives, shall be limited to 75% of the amount of
retirement | 26 |
| annuity earned by the county officer.
|
|
|
|
HB0049 |
- 28 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| Adopted children shall have status as children of the | 2 |
| elected county
officer only if the proceedings for adoption | 3 |
| were commenced at least one
year prior to the date of the | 4 |
| elected county officer's death.
| 5 |
| Marriage of a child or attainment of age 18, whichever | 6 |
| first occurs,
shall render the child ineligible for further | 7 |
| consideration in the payment
of an annuity to a spouse or in | 8 |
| the increase in the amount thereof. Upon
attainment of | 9 |
| ineligibility of the youngest minor child of the elected
county | 10 |
| officer, the annuity shall immediately revert to the amount | 11 |
| payable
upon death of an elected county officer leaving no | 12 |
| minor children surviving
him or her. If the spouse is under age | 13 |
| 50 at such time, the annuity as
revised shall be deferred until | 14 |
| such age is attained. Remarriage of a
widow or widower prior to | 15 |
| attainment of age 55 shall disqualify the spouse
from the | 16 |
| receipt of an annuity.
| 17 |
| (Source: P.A. 85-964.)
| 18 |
| (40 ILCS 5/11-153) (from Ch. 108 1/2, par. 11-153)
| 19 |
| Sec. 11-153. Child's annuity.
| 20 |
| (a) A "Child's Annuity" shall be payable
monthly after the | 21 |
| death of an employee parent to an unmarried child until
the | 22 |
| child's attainment of age 18 or marriage, whichever event shall | 23 |
| first
occur, under the following conditions, if the child was | 24 |
| born or in esse
before the employee attained age 65, and before | 25 |
| he withdrew from service:
|
|
|
|
HB0049 |
- 29 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| (1) upon death in service from any cause;
| 2 |
| (2) upon death of an employee who withdraws from | 3 |
| service after
age 55
(or after age 50 with at least 30 | 4 |
| years of service if withdrawal is on or
after June 27, | 5 |
| 1997) and who has entered upon or is eligible for annuity.
| 6 |
| Payment shall be made as provided in Section 11-124.
| 7 |
| (b) After July 24, 1967, an adopted child shall be entitled | 8 |
| to the same
child's annuity benefits provided for natural | 9 |
| children in this Article, if:
| 10 |
| (1) (Blank)
the child was legally adopted by the | 11 |
| employee at least one year
prior to the death of the | 12 |
| employee ; and
| 13 |
| (2) the child was adopted before the employee withdrew | 14 |
| from service.
| 15 |
| (Source: P.A. 92-599, eff. 6-28-02 .)
| 16 |
| (40 ILCS 5/12-137) (from Ch. 108 1/2, par. 12-137)
| 17 |
| Sec. 12-137. Eligibility for child's benefit. A benefit | 18 |
| shall be granted to any child of the employee under 18 years
of | 19 |
| age or any child under such age legally adopted by the employee | 20 |
| provided
the legal proceedings for such adoption shall have | 21 |
| been commenced at least
one year prior to: (1) the death or | 22 |
| disability of the employee; and (2) the
attainment of age 55 by | 23 |
| the employee, whose death occurred under the
following | 24 |
| conditions:
| 25 |
| (a) from injury incurred in the performance of duty |
|
|
|
HB0049 |
- 30 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| regardless of length
of service;
| 2 |
| (b) from any other cause after completion of at least 2 | 3 |
| years of
service;
| 4 |
| (c) after the employee withdraws from service subsequent to | 5 |
| age 55 and
entered upon or is eligible for annuity.
| 6 |
| In the case of an employee whose death
occurs after | 7 |
| withdrawal subsequent to age 55, if eligible for an annuity,
| 8 |
| birth of a child must have occurred before the date of the | 9 |
| employee's
latest withdrawal.
| 10 |
| No annuity shall be payable to any child after such child's | 11 |
| marriage.
The termination date of any child's annuity due to | 12 |
| the attainment of age 18
or marriage shall be the due date of | 13 |
| the last annuity payment for the
child, next preceding such due | 14 |
| date with no proration for any period which
is less than a full | 15 |
| month.
| 16 |
| A posthumous child shall be regarded as a child of the | 17 |
| employee entitled
to an annuity.
| 18 |
| (Source: P.A. 86-272.)
| 19 |
| (40 ILCS 5/13-308) (from Ch. 108 1/2, par. 13-308)
| 20 |
| Sec. 13-308. Child's annuity.
| 21 |
| (a) Eligibility. A child's annuity shall be provided for | 22 |
| each unmarried
child under the age of 18 years (under the age | 23 |
| of 23 years in the case of a full-time student) whose employee
| 24 |
| parent dies while in service, or whose deceased parent is an | 25 |
| annuitant or
former employee with at least 10 years of |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| creditable service who did not take a
refund of employee | 2 |
| contributions. Eligibility for benefits to unmarried children | 3 |
| over the age of 18 but under the age of 23 begins no earlier | 4 |
| than the first day of the month following the month in which | 5 |
| this amendatory Act of the 94th General Assembly takes effect.
| 6 |
| For purposes of this Section, "employee" includes a former | 7 |
| employee, and
"child" means the issue of an employee , or a | 8 |
| child adopted by an employee if
the proceedings for adoption | 9 |
| were instituted at least one year prior to the
employee's | 10 |
| death .
| 11 |
| Payments shall cease when a child attains the age of 18 | 12 |
| years (age of 23 years in the case of a full-time student) or | 13 |
| marries,
whichever first occurs. The annuity shall not be | 14 |
| payable unless the employee
has been employed as an employee | 15 |
| for at
least 36 months from the date of the employee's original
| 16 |
| entry into service (at least 24 months in the case of an | 17 |
| employee who first
entered service before June 13, 1997) and
at | 18 |
| least 12 months from the date of the employee's latest
re-entry | 19 |
| into service; provided, however, that if death arises out of | 20 |
| and
in the course of service to the employer and is compensable | 21 |
| under either the
Illinois Workers' Compensation Act or Illinois | 22 |
| Workers' Occupational
Diseases Act, the annuity is payable | 23 |
| regardless of the employee's length of
service.
| 24 |
| (b) Amount. A child's annuity shall be $500 per month for
| 25 |
| one child and $350 per month for each additional child, up to a
| 26 |
| maximum of $2,500 per month for all children of the employee, |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| as provided in
this Section, if a parent of the child is | 2 |
| living. The child's annuity
shall be $1,000 per month for one | 3 |
| child and $500 per month
for each additional child, up to a | 4 |
| maximum of $2,500 for all children of
the employee, when | 5 |
| neither parent is alive. The total amount payable to
all | 6 |
| children of the employee shall be divided equally among those | 7 |
| children.
Any child's annuity which commenced prior to July 12, | 8 |
| 2001 shall be increased
upon the first day of the month | 9 |
| following the month in which that
effective date occurs, to the | 10 |
| amount set forth herein.
| 11 |
| (c) Payment. Until a child attains the age of 18 years, a
| 12 |
| child's annuity shall be paid to the child's parent or
other | 13 |
| person who shall be providing for the child without requiring | 14 |
| formal
letters of guardianship, unless another person shall be | 15 |
| appointed by a
court of law as guardian.
| 16 |
| (Source: P.A. 94-621, eff. 8-18-05.)
| 17 |
| (40 ILCS 5/13-314) (from Ch. 108 1/2, par. 13-314)
| 18 |
| Sec. 13-314. Alternative provisions for Water Reclamation | 19 |
| District
commissioners.
| 20 |
| (a) Transfer of credits. Any Water Reclamation District | 21 |
| commissioner
elected by vote of the people and who has elected | 22 |
| to participate in this
Fund may transfer to this Fund credits | 23 |
| and creditable service accumulated
under any other pension fund | 24 |
| or retirement system established under
Articles 2 through 18 of | 25 |
| this Code, upon payment to the Fund of (1) the
amount by which |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| the employer and employee contributions that would have
been | 2 |
| required if he had participated in this Fund during the period | 3 |
| for
which credit is being transferred, plus interest, exceeds | 4 |
| the amounts
actually transferred from such other fund or system | 5 |
| to this Fund, plus (2)
interest thereon at 6% per year | 6 |
| compounded annually from the date of
transfer to the date of | 7 |
| payment.
| 8 |
| (b) Alternative annuity. Any participant commissioner may | 9 |
| elect to
establish alternative credits for an alternative | 10 |
| annuity by electing in
writing to make additional optional | 11 |
| contributions in accordance with this
Section and procedures | 12 |
| established by the Board. Unless and until such
time as the | 13 |
| U.S. Internal Revenue Service or the federal courts provide a
| 14 |
| favorable ruling as described in Section 13-502(f), a
| 15 |
| commissioner
may discontinue making the additional optional | 16 |
| contributions by notifying the
Fund in writing in accordance | 17 |
| with this Section and procedures established
by the Board.
| 18 |
| Additional optional contributions for the alternative | 19 |
| annuity shall be
as follows:
| 20 |
| (1) For service after the option is elected, an | 21 |
| additional contribution
of 3% of salary shall be | 22 |
| contributed to the Fund on the same basis and
under the | 23 |
| same conditions as contributions required under Section | 24 |
| 13-502.
| 25 |
| (2) For contributions on past service, the additional | 26 |
| contribution shall
be 3% of the salary for the
applicable |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| period of service, plus interest at the annual rate from | 2 |
| time to
time as determined by the Board, compounded | 3 |
| annually from the date of service
to the date of payment. | 4 |
| Contributions for service before the option is
elected may | 5 |
| be made in a lump sum payment to the Fund or by | 6 |
| contributing to the
Fund on the same basis and under the | 7 |
| same conditions as contributions required
under Section | 8 |
| 13-502.
All payments for past service must be paid in full | 9 |
| before credit
is given. No additional optional | 10 |
| contributions may be made for any period
of service for | 11 |
| which credit has been previously forfeited by acceptance of
| 12 |
| a refund, unless the refund is repaid in full with interest | 13 |
| at the rate
specified in Section 13-603, from the date of | 14 |
| refund to the date of repayment.
| 15 |
| In lieu of the retirement annuity otherwise payable under | 16 |
| this Article,
any commissioner who has elected to participate | 17 |
| in the Fund and make
additional optional contributions in | 18 |
| accordance with this Section,
has attained age 55, and has at | 19 |
| least 6 years of service
credit, may elect to have the | 20 |
| retirement annuity computed as follows: 3% of
the participant's | 21 |
| average final salary as a commissioner for each of
the first 8 | 22 |
| years of service credit, plus 4% of such salary for each of the
| 23 |
| next 4 years of service credit, plus 5% of such salary for each | 24 |
| year of
service credit in excess of 12 years, subject to a | 25 |
| maximum of 80% of such
salary. To the extent such commissioner | 26 |
| has made additional optional
contributions with respect to only |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| a portion of years of service credit,
the retirement annuity | 2 |
| will first be determined in accordance with this
Section to the | 3 |
| extent such additional optional contributions were made, and
| 4 |
| then in accordance with the remaining Sections of this Article | 5 |
| to the
extent of years of service credit with respect to which | 6 |
| additional optional
contributions were not made. The change in | 7 |
| minimum retirement age (from
60 to 55) made by this amendatory | 8 |
| Act of 1993 applies to persons who begin
receiving a retirement | 9 |
| annuity under this Section on or after the effective
date of | 10 |
| this amendatory Act, without regard to whether they are in | 11 |
| service
on or after that date.
| 12 |
| (c) Disability benefits. In lieu of the disability benefits | 13 |
| otherwise
payable under this Article, any commissioner who (1) | 14 |
| has elected to
participate in the Fund, and (2) has become | 15 |
| permanently disabled and as a
consequence is unable to perform | 16 |
| the duties of office, and (3) was making
optional contributions | 17 |
| in accordance with this Section at the time the
disability was | 18 |
| incurred, may elect to receive a disability annuity
calculated | 19 |
| in accordance with the formula in subsection (b). For the
| 20 |
| purposes of this subsection, such commissioner shall be
| 21 |
| considered permanently disabled only if: (i) disability occurs | 22 |
| while in
service as a commissioner and is of such a nature as | 23 |
| to prevent the
reasonable performance of the duties of office | 24 |
| at the time; and (ii) the
Board has received a written | 25 |
| certification by at least 2 licensed
physicians appointed by it | 26 |
| stating that such commissioner is disabled and
that the |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| disability is likely to be permanent.
| 2 |
| (d) Alternative survivor's benefits. In lieu of the
| 3 |
| survivor's benefits otherwise payable under this Article, the | 4 |
| spouse or
eligible child of any deceased commissioner who (1) | 5 |
| had elected to
participate in the Fund, and (2) was either | 6 |
| making (or had already made) additional optional
contributions | 7 |
| on the date of death, or was receiving an annuity calculated
| 8 |
| under this Section at the time of death, may elect to receive | 9 |
| an annuity
beginning on the date of the commissioner's death, | 10 |
| provided that the spouse
and commissioner must have been | 11 |
| married on the date of the last termination
of a service as | 12 |
| commissioner and for a continuous period of at least one
year | 13 |
| immediately preceding death.
| 14 |
| The annuity shall be payable beginning on the date of the | 15 |
| commissioner's
death if the spouse is then age 50 or over, or | 16 |
| beginning at age 50 if the
age of the spouse is less than 50 | 17 |
| years. If a minor unmarried child or
children of the | 18 |
| commissioner, under age 18 (age 23 in the case of a full-time | 19 |
| student), also survive, and the child or
children are under the | 20 |
| care of the eligible spouse, the annuity shall begin
as of the | 21 |
| date of death of the commissioner without regard to the | 22 |
| spouse's age.
| 23 |
| The annuity to a spouse shall be the greater of (i) 66 2/3% | 24 |
| of the amount of retirement
annuity earned by the commissioner | 25 |
| on the date of death, subject to a
minimum payment of 10% of | 26 |
| salary, provided that if an eligible spouse,
regardless of age, |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| has in his or her care at the date of death of the
commissioner | 2 |
| any unmarried child or children of the commissioner under age
| 3 |
| 18, the minimum annuity shall be 30% of the commissioner's | 4 |
| salary, plus 10%
of salary on account of each minor child of | 5 |
| the commissioner, subject to a
combined total payment on | 6 |
| account of a spouse and minor children not to
exceed 50% of the | 7 |
| deceased commissioner's salary or (ii) for the spouse of a | 8 |
| commissioner whose death occurs on or after the effective date | 9 |
| of this amendatory Act of the 94th General Assembly, the | 10 |
| surviving spouse annuity shall be computed in the same manner | 11 |
| as described in Section 13-306(a). The number of total service | 12 |
| years used to calculate the commissioner's annuity shall be the | 13 |
| number of service years used to calculate the annuity for that | 14 |
| commissioner's surviving spouse. In the event there shall
be no | 15 |
| spouse of the commissioner surviving, or should a spouse die | 16 |
| while
eligible minor children still survive the commissioner, | 17 |
| each such child
shall be entitled to an annuity equal to 20% of | 18 |
| salary of the commissioner
subject to a combined total payment | 19 |
| on account of all such children not to
exceed 50% of salary of | 20 |
| the commissioner. The salary to be used in the
calculation of | 21 |
| these benefits shall be the same as that prescribed for
| 22 |
| determining a retirement annuity as provided in subsection (b) | 23 |
| of this Section.
| 24 |
| Upon the death of a commissioner occurring after | 25 |
| termination of a service
or while in receipt of a retirement | 26 |
| annuity, the combined total payment to
a spouse and minor |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| children, or to minor children alone if no eligible
spouse | 2 |
| survives, shall be limited to 85% of the amount of retirement
| 3 |
| annuity earned by the commissioner.
| 4 |
| Adopted children shall have status as natural children of | 5 |
| the
commissioner only if the proceedings for adoption were | 6 |
| commenced at least
one year prior to the date of the | 7 |
| commissioner's death.
| 8 |
| Marriage of a child or attainment of age 18 (age 23 in the | 9 |
| case of a full-time student), whichever first occurs,
shall | 10 |
| render the child ineligible for further consideration in the | 11 |
| payment
of annuity to a spouse or in the increase in the amount | 12 |
| thereof. Upon
attainment of ineligibility of the youngest minor | 13 |
| child of the
commissioner, the annuity shall immediately revert | 14 |
| to the amount payable
upon death of a commissioner leaving no | 15 |
| minor children surviving. If the
spouse is under age 50 at such | 16 |
| time, the annuity as revised shall be
deferred until such age | 17 |
| is attained.
| 18 |
| (e) Refunds. Refunds of additional optional contributions | 19 |
| shall be made
on the same basis and under the same conditions | 20 |
| as provided under Section
13-601. Interest shall be credited on | 21 |
| the same basis and under the same
conditions as for other | 22 |
| contributions.
| 23 |
| Optional contributions shall be accounted for in a separate | 24 |
| Commission's
Optional Contribution Reserve. Optional | 25 |
| contributions under this Section
shall be included in the | 26 |
| amount of employee contributions used to compute
the tax levy |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| under Section 13-503.
| 2 |
| (f) Effective date. The effective date of this plan of | 3 |
| optional
alternative benefits and contributions shall be the | 4 |
| date upon which
approval was received from the U.S. Internal | 5 |
| Revenue Service. The plan of
optional alternative benefits and | 6 |
| contributions shall not be available to
any former employee | 7 |
| receiving an annuity from the Fund on the effective
date, | 8 |
| unless said former employee re-enters service and renders at | 9 |
| least 3
years of additional service after the date of re-entry | 10 |
| as a commissioner.
| 11 |
| (Source: P.A. 94-621, eff. 8-18-05.)
| 12 |
| (40 ILCS 5/14-119) (from Ch. 108 1/2, par. 14-119)
| 13 |
| Sec. 14-119. Amount of widow's annuity.
| 14 |
| (a) The widow's annuity shall be 50% of the amount of | 15 |
| retirement annuity
payable to the member on the date of death | 16 |
| while on retirement if an
annuitant, or on the date of his | 17 |
| death while in service if an employee,
regardless of his age on | 18 |
| such date, or on the date of withdrawal if death
occurred after | 19 |
| termination of service under the conditions prescribed in
the | 20 |
| preceding Section.
| 21 |
| (b) If an eligible widow, regardless of age, has in her | 22 |
| care any
unmarried child or children of the member under age 18 | 23 |
| (under age 22 if a
full-time student), the widow's
annuity | 24 |
| shall be increased in the amount of 5% of the retirement | 25 |
| annuity
for each such child, but the combined payments for a |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| widow and
children shall not exceed 66 2/3% of the member's | 2 |
| earned
retirement annuity.
| 3 |
| The amount of retirement annuity from which the widow's
| 4 |
| annuity is derived shall be that earned by the member without | 5 |
| regard to
whether he attained age 60 prior to his withdrawal | 6 |
| under the conditions
stated or prior to his death.
| 7 |
| (c) Adopted children shall be considered as children of the | 8 |
| member
only if the proceedings for adoption were commenced at | 9 |
| least 1 year
prior to the member's death.
| 10 |
| Marriage of a child shall render the child ineligible for | 11 |
| further
consideration in the increase in the amount of the | 12 |
| widow's annuity.
| 13 |
| Attainment of age 18 (age 22 if a full-time student)
shall | 14 |
| render a child ineligible for
further consideration in the | 15 |
| increase of the widow's annuity, but the
annuity to the widow | 16 |
| shall be continued thereafter, without regard to
her age at | 17 |
| that time.
| 18 |
| (d) A widow's annuity payable on account of any covered | 19 |
| employee who
shall have been a covered employee for at least 18 | 20 |
| months shall be reduced
by 1/2 of the amount of survivors | 21 |
| benefits to which his beneficiaries are
eligible under the | 22 |
| provisions of the Federal Social Security Act, except
that (1) | 23 |
| the amount of any widow's annuity payable under this Article | 24 |
| shall
not be reduced by reason of any increase under that Act | 25 |
| which occurs after
the offset required by this subsection is | 26 |
| first applied to that annuity,
and (2) for benefits granted on |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| or after January 1, 1992, the offset under
this subsection (d) | 2 |
| shall not exceed 50% of the amount of widow's annuity
otherwise | 3 |
| payable.
| 4 |
| (e) Upon the death of a recipient of a widow's annuity the | 5 |
| excess, if
any, of the member's accumulated contributions plus | 6 |
| credited interest over
all annuity payments to the member and | 7 |
| widow, exclusive of the $500 lump
sum payment, shall be paid to | 8 |
| the named beneficiary of the widow, or if
none has been named, | 9 |
| to the estate of the widow, provided no reversionary
annuity is | 10 |
| payable.
| 11 |
| (f) On January 1, 1981, any recipient of a widow's annuity | 12 |
| who was receiving
a widow's annuity on or before January 1, | 13 |
| 1971, shall have her widow's annuity
then being paid increased | 14 |
| by 1% for each full year which has elapsed from
the date the | 15 |
| widow's annuity began. On January 1, 1982, any recipient
of a | 16 |
| widow's annuity who began receiving a widow's annuity after | 17 |
| January
1, 1971, but before January 1, 1981, shall have her | 18 |
| widow's annuity then
being paid increased by 1% for each full | 19 |
| year which has elapsed from the
date the widow's annuity began. | 20 |
| On January 1, 1987, any recipient of a
widow's annuity who | 21 |
| began receiving the widow's annuity on or before January
1, | 22 |
| 1977, shall have the monthly widow's annuity increased by $1
| 23 |
| for each full year which has elapsed since the date the
annuity | 24 |
| began.
| 25 |
| (g) Beginning January 1, 1990, every widow's annuity shall | 26 |
| be
increased (1) on each January 1 occurring on or after the |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| commencement
of the annuity if the deceased member died while | 2 |
| receiving a retirement
annuity, or (2) in other cases, on each | 3 |
| January 1 occurring on or after
the first anniversary of the | 4 |
| commencement of the annuity, by an amount
equal to 3% of the | 5 |
| current amount of the annuity, including any previous
increases | 6 |
| under this Article. Such increases shall apply without regard | 7 |
| to
whether the deceased member was in service on or after the | 8 |
| effective date
of Public Act 86-1488, but shall not accrue for | 9 |
| any period prior to January
1, 1990.
| 10 |
| (Source: P.A. 90-448, eff. 8-16-97.)
| 11 |
| (40 ILCS 5/14-120) (from Ch. 108 1/2, par. 14-120)
| 12 |
| Sec. 14-120. Survivors annuities - Conditions for | 13 |
| payments. A
survivors annuity is established for all members of | 14 |
| the System. Upon
the death of any male person who was a member | 15 |
| on July 19, 1961, however,
his widow may have the option of | 16 |
| receiving the widow's annuity provided
in this Article, in lieu | 17 |
| of the survivors annuity.
| 18 |
| (a) A survivors annuity beneficiary, as herein defined, is | 19 |
| eligible
for a survivors annuity if the deceased member had | 20 |
| completed at least 1
1/2 years of contributing creditable | 21 |
| service if death occurred:
| 22 |
| (1) while in service;
| 23 |
| (2) while on an approved or authorized leave of absence | 24 |
| from
service, not exceeding one year continuously; or
| 25 |
| (3) while in receipt of a non-occupational disability |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| or an
occupational disability benefit.
| 2 |
| (b) If death of the member occurs after withdrawal, the | 3 |
| survivors
annuity beneficiary is eligible for such annuity only | 4 |
| if the member had
fulfilled at the date of withdrawal the | 5 |
| prescribed service conditions
for establishing a right in a | 6 |
| retirement annuity.
| 7 |
| (c) Payment of the survivors annuity shall begin | 8 |
| immediately if the
beneficiary is 50 years or over, or upon | 9 |
| attainment of age 50 if the
beneficiary is under that age at | 10 |
| the date of the member's death. In the
case of survivors of a | 11 |
| member whose death occurred between November 1,
1970 and July | 12 |
| 15, 1971, the payment of the survivors annuity shall begin
upon | 13 |
| October 1, 1977, if the beneficiary is then 50 years of age or
| 14 |
| older, or upon the attainment of age 50 if the beneficiary is | 15 |
| under that
age on October 1, 1977.
| 16 |
| If an eligible child or children, under the care of the | 17 |
| spouse also
survive the member, the survivors annuity shall | 18 |
| begin immediately
without regard to whether the beneficiary has | 19 |
| attained age 50.
| 20 |
| Benefits under this Section shall accrue and be payable for | 21 |
| whole
calendar months, beginning on the first day of the month | 22 |
| after the
initiating event occurs and ending on the last day of | 23 |
| the month in which
the terminating event occurs.
| 24 |
| (d) A survivor annuity beneficiary means:
| 25 |
| (1) A spouse of a member or annuitant if:
| 26 |
| (i) in the case of a member or annuitant who dies |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| before the effective
date of this amendatory Act of the | 2 |
| 91st General Assembly, the current
marriage with the | 3 |
| member or annuitant was in effect for at least
one year | 4 |
| at the date of death or withdrawal,
whichever first | 5 |
| occurs; or
| 6 |
| (ii) in the case of a member or annuitant who dies | 7 |
| on or after the
effective date of this amendatory Act | 8 |
| of the 91st General Assembly, the current
marriage with | 9 |
| the member or annuitant was in effect for at least one | 10 |
| year
immediately prior to the date of death, regardless | 11 |
| of the date of withdrawal.
| 12 |
| (2) An unmarried child under age 18 (under age 22 if a | 13 |
| full-time
student) of the member or annuitant; an unmarried | 14 |
| stepchild under age 18
(under age 22 if a full-time | 15 |
| student) who has been such for at least one
year at the | 16 |
| date of the member's death or at least one year at the date | 17 |
| of
withdrawal, whichever first occurs; an unmarried | 18 |
| adopted child under age 18
(under age 22 if a full-time | 19 |
| student) if the adoption proceedings were
initiated at | 20 |
| least one year prior to the death or withdrawal of the | 21 |
| member or
annuitant, whichever first occurs ; and an | 22 |
| unmarried child over age 18 if he
or she is dependent by | 23 |
| reason of a physical or mental disability, so
long as the | 24 |
| physical or mental disability continues. For purposes
of | 25 |
| this subsection, disability means inability to engage in
| 26 |
| any substantial gainful activity by reason of any medically |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| determinable
physical or mental impairment which can be | 2 |
| expected to result in death or which
has lasted or can be | 3 |
| expected to last for a continuous period of not less than
| 4 |
| 12 months.
| 5 |
| (3) A dependent parent of the member or annuitant; a | 6 |
| dependent
step-parent by a marriage contracted before the | 7 |
| member or annuitant
attained age 18; or a dependent | 8 |
| adopting parent by whom the member or
annuitant was adopted | 9 |
| before he or she attained age 18.
| 10 |
| (e) Payment of a survivors annuity to a beneficiary | 11 |
| terminates upon:
(1) remarriage before age 55 that occurs | 12 |
| before the effective date of this
amendatory Act of the 91st | 13 |
| General Assembly or death, if the beneficiary
is a spouse; (2) | 14 |
| marriage or death, if the beneficiary is
a child; or (3) | 15 |
| remarriage before age 55 or death, if the
beneficiary is a | 16 |
| parent.
Remarriage of a prospective beneficiary prior
to the | 17 |
| attainment of age 50 disqualifies the beneficiary for the | 18 |
| annuity
expectancy hereunder, if the remarriage occurs before | 19 |
| the effective
date of this amendatory Act of the 91st General | 20 |
| Assembly.
Termination due to marriage or remarriage shall be | 21 |
| permanent,
regardless of any future changes in marital status.
| 22 |
| The substantive changes made to this subsection by this | 23 |
| amendatory Act
of the 91st General Assembly (pertaining to | 24 |
| remarriage prior to age 55 or 50)
apply without regard to | 25 |
| whether the deceased participant or annuitant was in
service on | 26 |
| or after the effective date of this amendatory Act.
|
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| Any person whose survivors annuity was terminated during | 2 |
| 1978 or
1979 due to remarriage at age 55 or over shall be | 3 |
| eligible to apply, not later
than July 1, 1990, for a | 4 |
| resumption of that annuity, to begin on July 1, 1990.
| 5 |
| (f) The term "dependent" relating to a survivors annuity | 6 |
| means a
beneficiary of a survivors annuity who was receiving | 7 |
| from the member at
the date of the member's death at least 1/2 | 8 |
| of the support for
maintenance including board, lodging, | 9 |
| medical care and like living costs.
| 10 |
| (g) If there is no eligible spouse surviving the member, or | 11 |
| if a survivors
annuity beneficiary includes a spouse who dies | 12 |
| or is disqualified by
remarriage, the annuity is payable to an | 13 |
| unmarried child or
children. If at the date of death of the | 14 |
| member there is no spouse or
unmarried child, payments shall be | 15 |
| made to a dependent parent or parents.
If no eligible survivors | 16 |
| annuity beneficiary survives the member, the
non-occupational | 17 |
| death benefit is payable in the manner provided in this
| 18 |
| Article.
| 19 |
| (h) Survivor benefits do not affect any reversionary | 20 |
| annuity.
| 21 |
| (i) If a survivors annuity beneficiary becomes entitled to | 22 |
| a widow's
annuity or one or more survivors annuities or both | 23 |
| such annuities, the
beneficiary shall elect to receive only one | 24 |
| of such annuities.
| 25 |
| (j) Contributing creditable service under the State | 26 |
| Universities Retirement
System and the Teachers' Retirement |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| System of the State of
Illinois shall be considered in | 2 |
| determining whether the member has met the
contributing service | 3 |
| requirements of this Section.
| 4 |
| (k) In lieu of the Survivor's Annuity described in this | 5 |
| Section, the spouse
of the member has the option to select the | 6 |
| Nonoccupational Death
Benefit described in this Article, | 7 |
| provided the spouse is the sole survivor
and the sole nominated | 8 |
| beneficiary of the member.
| 9 |
| (l) The changes made to this Section and Sections 14-118, | 10 |
| 14-119, and
14-128 by this amendatory Act of 1997, relating to | 11 |
| benefits for certain
unmarried children who are full-time | 12 |
| students under age 22, apply without
regard to whether the | 13 |
| deceased member was in service on or after the effective
date | 14 |
| of this amendatory Act of 1997. These changes do not authorize | 15 |
| the
repayment of a refund or a re-election of benefits, and any | 16 |
| benefit or increase
in benefits resulting from these changes is | 17 |
| not payable retroactively for any
period before the effective | 18 |
| date of this amendatory Act of 1997.
| 19 |
| (Source: P.A. 90-448, eff. 8-16-97; 91-357, eff. 7-29-99; | 20 |
| 91-887, eff. 7-6-00.)
| 21 |
| (40 ILCS 5/14-128) (from Ch. 108 1/2, par. 14-128)
| 22 |
| Sec. 14-128. Occupational death benefit. An occupational | 23 |
| death
benefit is provided for a member of the System whose | 24 |
| death, prior to
retirement, is the proximate result of bodily | 25 |
| injuries sustained or a
hazard undergone while in the |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| performance and within the scope of the
member's duties.
| 2 |
| (a) Conditions for payment.
| 3 |
| Exclusive of the lump sum payment provided for herein, all | 4 |
| annuities
under this Section shall accrue and be payable for | 5 |
| complete calendar
months, beginning on the first day of the | 6 |
| month next following the month
in which the initiating event | 7 |
| occurs and ending on the last day of the
month in which the | 8 |
| terminating event occurs.
| 9 |
| The following named survivors of the member
may be eligible | 10 |
| for an annuity under this Section:
| 11 |
| (i) The member's spouse.
| 12 |
| (ii) An unmarried child of the member under age 18 | 13 |
| (under age 22 if a
full-time student); an unmarried | 14 |
| stepchild under age 18 (under age 22 if a
full-time | 15 |
| student) who has been such for at least one year at the | 16 |
| date of the
member's death; an unmarried adopted child | 17 |
| under age 18 (under age 22 if a
full-time student) if the | 18 |
| adoption proceedings were initiated at least one
year prior | 19 |
| to the death of the member ; and an unmarried child over age | 20 |
| 18 who
is dependent by reason of a physical or mental | 21 |
| disability, for so long as such
physical or mental | 22 |
| disability continues. For the purposes of this Section
| 23 |
| disability means inability to engage in any substantial | 24 |
| gainful activity by
reason of any medically determinable | 25 |
| physical or mental impairment which can be
expected to | 26 |
| result in death or which has lasted or can be expected to |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| last for
a continuous period of not less than 12 months.
| 2 |
| (iii) If no spouse or eligible children survive: a | 3 |
| dependent parent of
the member; a dependent step-parent by | 4 |
| a marriage contracted before the
member attained age 18; or | 5 |
| a dependent adopting parent by whom the member
was adopted | 6 |
| before he or she attained age 18.
| 7 |
| The term "dependent" relating to an occupational death
| 8 |
| benefit means a survivor of the member who was receiving from | 9 |
| the member
at the date of the member's death at least 1/2 of | 10 |
| the support for maintenance
including board, lodging, medical | 11 |
| care and like living costs.
| 12 |
| Payment of the annuity shall continue until the occurrence | 13 |
| of the following:
| 14 |
| (1) remarriage before age 55 that occurs before the | 15 |
| effective date of
this amendatory Act of the 91st General | 16 |
| Assembly or death, in the case of a
surviving spouse;
| 17 |
| (2) attainment of age 18 or termination of disability,
| 18 |
| death, or marriage, in the case of an eligible child;
| 19 |
| (3) remarriage before age 55 or death, in the case of a
| 20 |
| dependent parent.
| 21 |
| If none of the aforementioned beneficiaries is living at | 22 |
| the date of
death of the member, no occupational death benefit | 23 |
| shall be payable, but
the nonoccupational death benefit shall | 24 |
| be payable as provided in this
Article.
| 25 |
| The change made to this subsection by this amendatory Act | 26 |
| of the 91st
General Assembly (pertaining to remarriage prior to |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| age 55) applies without
regard to whether the deceased member | 2 |
| was in service on or after the effective
date of this | 3 |
| amendatory Act.
| 4 |
| (b) Amount of benefit.
| 5 |
| The member's accumulated contributions plus credited | 6 |
| interest shall
be payable in a lump sum to such person as the | 7 |
| member has nominated by
written direction, duly acknowledged | 8 |
| and filed with the Board, or if no
such nomination to the | 9 |
| estate of the member. When an annuitant is
re-employed by a | 10 |
| Department, the accumulated contributions plus credited
| 11 |
| interest payable on the member's account shall, if the member | 12 |
| has not
previously elected a reversionary annuity, consist of | 13 |
| the excess, if
any, of the member's total accumulated | 14 |
| contributions plus credited
interest for all creditable | 15 |
| service over the total amount of all
retirement annuity | 16 |
| payments received by the member prior to death.
| 17 |
| In addition to the foregoing payment, an annuity is | 18 |
| provided for
eligible survivors as follows:
| 19 |
| (1) If the survivor is a spouse only, the annuity shall | 20 |
| be
50% of the member's final average compensation.
| 21 |
| (2) If the spouse has in his or her care an eligible | 22 |
| child or
children, the annuity shall be increased by an | 23 |
| amount equal to 15% of the
final average compensation on | 24 |
| account of each such child, subject to a
limitation on the | 25 |
| combined annuities to a surviving spouse and children
of | 26 |
| 75% of final average compensation.
|
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| (3) If there is no surviving spouse, or if the | 2 |
| surviving
spouse dies or remarries while a child remains | 3 |
| eligible, then each such
child shall be entitled to an | 4 |
| annuity of 15% of the deceased member's
final average | 5 |
| compensation, subject to a limitation of 50% of final
| 6 |
| average compensation to all such children.
| 7 |
| (4) If there is no surviving spouse or eligible | 8 |
| children,
then an annuity shall be payable to the member's | 9 |
| dependent parents,
equal to 25% of final average | 10 |
| compensation to each such beneficiary.
| 11 |
| If any annuity payable under this Section is less than the | 12 |
| corresponding
survivors annuity, the beneficiary or | 13 |
| beneficiaries of the annuity under this
Section may elect to | 14 |
| receive the survivors annuity and the nonoccupational
death | 15 |
| benefit provided for in this Article in lieu of the annuity | 16 |
| provided
under this Section.
| 17 |
| (c) Occupational death claims pending adjudication by the | 18 |
| Illinois Workers' Compensation
Commission or a ruling by the | 19 |
| agency responsible for determining the liability
of the State | 20 |
| under the "Workers' Compensation Act" or "Workers' | 21 |
| Occupational
Diseases Act" shall be payable under Sections | 22 |
| 14-120 and 14-121 until a ruling or adjudication
occurs, if the | 23 |
| beneficiary or beneficiaries: (1) meet all conditions for
| 24 |
| payment as prescribed in this Article; and (2) execute an | 25 |
| assignment of
benefits payable as a result of adjudication by | 26 |
| the Illinois Workers' Compensation Commission or
a ruling by |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| the agency responsible for determining the liability of the | 2 |
| State
under such Acts. The assignment shall be made to the | 3 |
| System and shall be for
an amount equal to the excess of | 4 |
| benefits paid under Sections 14-120 and
14-121 over benefits
| 5 |
| payable as a result of adjudication of the workers' | 6 |
| compensation claim
computed from the date of death of the | 7 |
| member.
| 8 |
| (d) Every occupational death annuity payable under this | 9 |
| Section shall
be increased on each January 1 occurring on or | 10 |
| after (i) January 1, 1990, or
(ii) the first anniversary of the | 11 |
| commencement of the annuity, whichever
occurs later, by an | 12 |
| amount equal to 3% of the current amount of the
annuity, | 13 |
| including any previous increases under this Article, without
| 14 |
| regard to whether the deceased member was in service on the | 15 |
| effective date
of this amendatory Act of 1991.
| 16 |
| (Source: P.A. 93-721, eff. 1-1-05.)
| 17 |
| (40 ILCS 5/14-152.1)
| 18 |
| Sec. 14-152.1. Application and expiration of new benefit | 19 |
| increases. | 20 |
| (a) As used in this Section, "new benefit increase" means | 21 |
| an increase in the amount of any benefit provided under this | 22 |
| Article, or an expansion of the conditions of eligibility for | 23 |
| any benefit under this Article, that results from an amendment | 24 |
| to this Code that takes effect after June 1, 2005 ( the | 25 |
| effective date of Public Act 94-4)
this amendatory Act of the |
|
|
|
HB0049 |
- 53 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| 94th General Assembly . "New benefit increase", however, does | 2 |
| not include any benefit increase resulting from the changes | 3 |
| made by this amendatory Act of the 95th General Assembly.
| 4 |
| (b) Notwithstanding any other provision of this Code or any | 5 |
| subsequent amendment to this Code, every new benefit increase | 6 |
| is subject to this Section and shall be deemed to be granted | 7 |
| only in conformance with and contingent upon compliance with | 8 |
| the provisions of this Section.
| 9 |
| (c) The Public Act enacting a new benefit increase must | 10 |
| identify and provide for payment to the System of additional | 11 |
| funding at least sufficient to fund the resulting annual | 12 |
| increase in cost to the System as it accrues. | 13 |
| Every new benefit increase is contingent upon the General | 14 |
| Assembly providing the additional funding required under this | 15 |
| subsection. The Commission on Government Forecasting and | 16 |
| Accountability shall analyze whether adequate additional | 17 |
| funding has been provided for the new benefit increase and | 18 |
| shall report its analysis to the Public Pension Division of the | 19 |
| Department of Financial and Professional Regulation. A new | 20 |
| benefit increase created by a Public Act that does not include | 21 |
| the additional funding required under this subsection is null | 22 |
| and void. If the Public Pension Division determines that the | 23 |
| additional funding provided for a new benefit increase under | 24 |
| this subsection is or has become inadequate, it may so certify | 25 |
| to the Governor and the State Comptroller and, in the absence | 26 |
| of corrective action by the General Assembly, the new benefit |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| increase shall expire at the end of the fiscal year in which | 2 |
| the certification is made.
| 3 |
| (d) Every new benefit increase shall expire 5 years after | 4 |
| its effective date or on such earlier date as may be specified | 5 |
| in the language enacting the new benefit increase or provided | 6 |
| under subsection (c). This does not prevent the General | 7 |
| Assembly from extending or re-creating a new benefit increase | 8 |
| by law. | 9 |
| (e) Except as otherwise provided in the language creating | 10 |
| the new benefit increase, a new benefit increase that expires | 11 |
| under this Section continues to apply to persons who applied | 12 |
| and qualified for the affected benefit while the new benefit | 13 |
| increase was in effect and to the affected beneficiaries and | 14 |
| alternate payees of such persons, but does not apply to any | 15 |
| other person, including without limitation a person who | 16 |
| continues in service after the expiration date and did not | 17 |
| apply and qualify for the affected benefit while the new | 18 |
| benefit increase was in effect.
| 19 |
| (Source: P.A. 94-4, eff. 6-1-05.)
| 20 |
| (40 ILCS 5/15-129) (from Ch. 108 1/2, par. 15-129)
| 21 |
| Sec. 15-129. Child.
| 22 |
| "Child": The child of a participant or an annuitant, | 23 |
| including a child born out of wedlock, a stepchild who has been | 24 |
| such for not less than 1 year
immediately preceding the death | 25 |
| of the participant or annuitant, and an
adopted child , if the |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| proceedings for adoption were initiated at least 1
year before | 2 |
| the death or retirement of the participant or annuitant .
| 3 |
| (Source: P.A. 94-229, eff. 1-1-06.)
| 4 |
| (40 ILCS 5/15-198)
| 5 |
| Sec. 15-198. Application and expiration of new benefit | 6 |
| increases. | 7 |
| (a) As used in this Section, "new benefit increase" means | 8 |
| an increase in the amount of any benefit provided under this | 9 |
| Article, or an expansion of the conditions of eligibility for | 10 |
| any benefit under this Article, that results from an amendment | 11 |
| to this Code that takes effect after June 1, 2005 ( the | 12 |
| effective date of Public Act 94-4)
this amendatory Act of the | 13 |
| 94th General Assembly . "New benefit increase", however, does | 14 |
| not include any benefit increase resulting from the changes | 15 |
| made by this amendatory Act of the 95th General Assembly.
| 16 |
| (b) Notwithstanding any other provision of this Code or any | 17 |
| subsequent amendment to this Code, every new benefit increase | 18 |
| is subject to this Section and shall be deemed to be granted | 19 |
| only in conformance with and contingent upon compliance with | 20 |
| the provisions of this Section.
| 21 |
| (c) The Public Act enacting a new benefit increase must | 22 |
| identify and provide for payment to the System of additional | 23 |
| funding at least sufficient to fund the resulting annual | 24 |
| increase in cost to the System as it accrues. | 25 |
| Every new benefit increase is contingent upon the General |
|
|
|
HB0049 |
- 56 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| Assembly providing the additional funding required under this | 2 |
| subsection. The Commission on Government Forecasting and | 3 |
| Accountability shall analyze whether adequate additional | 4 |
| funding has been provided for the new benefit increase and | 5 |
| shall report its analysis to the Public Pension Division of the | 6 |
| Department of Financial and Professional Regulation. A new | 7 |
| benefit increase created by a Public Act that does not include | 8 |
| the additional funding required under this subsection is null | 9 |
| and void. If the Public Pension Division determines that the | 10 |
| additional funding provided for a new benefit increase under | 11 |
| this subsection is or has become inadequate, it may so certify | 12 |
| to the Governor and the State Comptroller and, in the absence | 13 |
| of corrective action by the General Assembly, the new benefit | 14 |
| increase shall expire at the end of the fiscal year in which | 15 |
| the certification is made.
| 16 |
| (d) Every new benefit increase shall expire 5 years after | 17 |
| its effective date or on such earlier date as may be specified | 18 |
| in the language enacting the new benefit increase or provided | 19 |
| under subsection (c). This does not prevent the General | 20 |
| Assembly from extending or re-creating a new benefit increase | 21 |
| by law. | 22 |
| (e) Except as otherwise provided in the language creating | 23 |
| the new benefit increase, a new benefit increase that expires | 24 |
| under this Section continues to apply to persons who applied | 25 |
| and qualified for the affected benefit while the new benefit | 26 |
| increase was in effect and to the affected beneficiaries and |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| alternate payees of such persons, but does not apply to any | 2 |
| other person, including without limitation a person who | 3 |
| continues in service after the expiration date and did not | 4 |
| apply and qualify for the affected benefit while the new | 5 |
| benefit increase was in effect.
| 6 |
| (Source: P.A. 94-4, eff. 6-1-05.)
| 7 |
| (40 ILCS 5/18-128) (from Ch. 108 1/2, par. 18-128)
| 8 |
| Sec. 18-128. Survivor's annuities; Conditions for payment.
| 9 |
| (a) A survivor's annuity shall be payable upon the death of | 10 |
| a
participant while in service after June 30, 1967 if the | 11 |
| participant had at
least 1 1/2 years of service credit as a | 12 |
| judge, or upon death of an
inactive participant who had | 13 |
| terminated service as a judge on or after June
30, 1967 with at | 14 |
| least 10 years of service credit, or upon the death of an
| 15 |
| annuitant whose retirement becomes effective after June 30, | 16 |
| 1967.
| 17 |
| (b) The surviving spouse of a deceased participant or | 18 |
| annuitant is
entitled to a survivor's annuity beginning at the | 19 |
| date of death if the
surviving spouse (1) has been married to | 20 |
| the participant or annuitant for a
continuous period of at | 21 |
| least one year immediately preceding the date of
death, and (2) | 22 |
| has attained age 50, or, regardless of age, has in his or
her | 23 |
| care an eligible child or children of the decedent as provided | 24 |
| under
subsections (c) and (d) of this Section. If the surviving | 25 |
| spouse has no
such child in his or her care and has not |
|
|
|
HB0049 |
- 58 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| attained age 50, the survivor's
annuity shall begin upon | 2 |
| attainment of age 50. When all such children of
the deceased | 3 |
| who are in the care of the surviving spouse no longer qualify
| 4 |
| for benefits and the surviving spouse is under 50 years of age, | 5 |
| the
surviving spouse's annuity shall be suspended until he or | 6 |
| she attains age 50.
| 7 |
| (c) A child's annuity is payable for an unmarried child of | 8 |
| an
annuitant or participant so long as the child is (i) under | 9 |
| age 18,
(ii) under age 22 and a full time student, or (iii) age | 10 |
| 18 or over
if dependent by reason of physical or mental | 11 |
| disability. Disability means
inability to engage in any | 12 |
| substantial gainful activity by reason of any
medically | 13 |
| determinable physical or mental impairment which can expected | 14 |
| to
result in death or which has lasted or can be expected to | 15 |
| last for a
continuous period of not less than 12 months.
| 16 |
| (d) (Blank)
Adopted children shall have the same status as | 17 |
| natural children, but
only if the proceedings for adoption were | 18 |
| commenced at least 6 months prior
to the death of the annuitant | 19 |
| or participant .
| 20 |
| (e) Remarriage prior to attainment of age 50 that occurs | 21 |
| before the
effective date of this amendatory Act of the 91st | 22 |
| General Assembly shall
disqualify a surviving spouse for the | 23 |
| receipt of a survivor's annuity.
| 24 |
| The change made to this subsection by this amendatory Act | 25 |
| of the 91st
General Assembly applies without regard to whether | 26 |
| the deceased judge was
in service on or after the effective |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| date of this amendatory Act of the 91st
General Assembly.
| 2 |
| (f) The changes made in survivor's annuity provisions by | 3 |
| Public Act
82-306 shall apply to the survivors of a deceased | 4 |
| participant or annuitant
whose death occurs on or after August | 5 |
| 21, 1981 and whose service as a judge
terminates on or after | 6 |
| July 1, 1967.
| 7 |
| The provision of child's annuities for dependent students | 8 |
| under age 22
by this amendatory Act of 1991 shall apply to all | 9 |
| eligible students
beginning January 1, 1992, without regard to | 10 |
| whether the deceased judge was
in service on or after the | 11 |
| effective date of this amendatory Act.
| 12 |
| (Source: P.A. 91-887, eff. 7-6-00.)
| 13 |
| (40 ILCS 5/18-169)
| 14 |
| Sec. 18-169. Application and expiration of new benefit | 15 |
| increases. | 16 |
| (a) As used in this Section, "new benefit increase" means | 17 |
| an increase in the amount of any benefit provided under this | 18 |
| Article, or an expansion of the conditions of eligibility for | 19 |
| any benefit under this Article, that results from an amendment | 20 |
| to this Code that takes effect after June 1, 2005 ( the | 21 |
| effective date of Public Act 94-4)
this amendatory Act of the | 22 |
| 94th General Assembly . "New benefit increase", however, does | 23 |
| not include any benefit increase resulting from the changes | 24 |
| made by this amendatory Act of the 95th General Assembly.
| 25 |
| (b) Notwithstanding any other provision of this Code or any |
|
|
|
HB0049 |
- 60 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| subsequent amendment to this Code, every new benefit increase | 2 |
| is subject to this Section and shall be deemed to be granted | 3 |
| only in conformance with and contingent upon compliance with | 4 |
| the provisions of this Section.
| 5 |
| (c) The Public Act enacting a new benefit increase must | 6 |
| identify and provide for payment to the System of additional | 7 |
| funding at least sufficient to fund the resulting annual | 8 |
| increase in cost to the System as it accrues. | 9 |
| Every new benefit increase is contingent upon the General | 10 |
| Assembly providing the additional funding required under this | 11 |
| subsection. The Commission on Government Forecasting and | 12 |
| Accountability shall analyze whether adequate additional | 13 |
| funding has been provided for the new benefit increase and | 14 |
| shall report its analysis to the Public Pension Division of the | 15 |
| Department of Financial and Professional Regulation. A new | 16 |
| benefit increase created by a Public Act that does not include | 17 |
| the additional funding required under this subsection is null | 18 |
| and void. If the Public Pension Division determines that the | 19 |
| additional funding provided for a new benefit increase under | 20 |
| this subsection is or has become inadequate, it may so certify | 21 |
| to the Governor and the State Comptroller and, in the absence | 22 |
| of corrective action by the General Assembly, the new benefit | 23 |
| increase shall expire at the end of the fiscal year in which | 24 |
| the certification is made.
| 25 |
| (d) Every new benefit increase shall expire 5 years after | 26 |
| its effective date or on such earlier date as may be specified |
|
|
|
HB0049 |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| in the language enacting the new benefit increase or provided | 2 |
| under subsection (c). This does not prevent the General | 3 |
| Assembly from extending or re-creating a new benefit increase | 4 |
| by law. | 5 |
| (e) Except as otherwise provided in the language creating | 6 |
| the new benefit increase, a new benefit increase that expires | 7 |
| under this Section continues to apply to persons who applied | 8 |
| and qualified for the affected benefit while the new benefit | 9 |
| increase was in effect and to the affected beneficiaries and | 10 |
| alternate payees of such persons, but does not apply to any | 11 |
| other person, including without limitation a person who | 12 |
| continues in service after the expiration date and did not | 13 |
| apply and qualify for the affected benefit while the new | 14 |
| benefit increase was in effect.
| 15 |
| (Source: P.A. 94-4, eff. 6-1-05.)
| 16 |
| (40 ILCS 5/19-115) (from Ch. 108 1/2, par. 19-115)
| 17 |
| Sec. 19-115. Marriage of beneficiary.
| 18 |
| When any contributor to said fund, who has been in the | 19 |
| service of the
house of correction for a period of 20 years, | 20 |
| has contributed to said fund
for the same period and has | 21 |
| retired and become a beneficiary under "The
1911 Act" or this | 22 |
| Division, shall then marry, such wife of such marriage
shall | 23 |
| after his death receive no benefit nor annuity from said fund.
| 24 |
| Any widow or child or children receiving benefits or | 25 |
| annuities, under
"The 1911 Act", shall continue to receive such |
|
|
|
HB0049 |
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| 1 |
| benefits or annuities, which
shall be increased from $480 per | 2 |
| year to not more than $720 per year and
paid in accordance with | 3 |
| the provisions of Section 19--110 of this Division.
| 4 |
| The term "child" or "children" under this Division shall | 5 |
| not include
adopted child or children, nor shall it include a | 6 |
| stepchild or stepchildren
of any contributor to aforesaid | 7 |
| pension fund.
| 8 |
| (Source: Laws 1963, p. 161.)
| 9 |
| Section 90. The State Mandates Act is amended by adding | 10 |
| Section 8.31 as follows: | 11 |
| (30 ILCS 805/8.31 new) | 12 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 13 |
| of this Act, no reimbursement by the State is required for the | 14 |
| implementation of any mandate created by this amendatory Act of | 15 |
| the 95th General Assembly.
|
|
|
|
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LRB095 03657 AMC 23683 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 40 ILCS 5/1-104.3 new |
|
| 4 |
| 40 ILCS 5/2-121 |
from Ch. 108 1/2, par. 2-121 |
| 5 |
| 40 ILCS 5/2-162 |
|
| 6 |
| 40 ILCS 5/3-108 |
from Ch. 108 1/2, par. 3-108 |
| 7 |
| 40 ILCS 5/4-114 |
from Ch. 108 1/2, par. 4-114 |
| 8 |
| 40 ILCS 5/4-115.1 |
from Ch. 108 1/2, par. 4-115.1 |
| 9 |
| 40 ILCS 5/5-152 |
from Ch. 108 1/2, par. 5-152 |
| 10 |
| 40 ILCS 5/6-148 |
from Ch. 108 1/2, par. 6-148 |
| 11 |
| 40 ILCS 5/6-151 |
from Ch. 108 1/2, par. 6-151 |
| 12 |
| 40 ILCS 5/7-145.2 |
|
| 13 |
| 40 ILCS 5/7-160 |
from Ch. 108 1/2, par. 7-160 |
| 14 |
| 40 ILCS 5/8-120 |
from Ch. 108 1/2, par. 8-120 |
| 15 |
| 40 ILCS 5/8-243.3 |
from Ch. 108 1/2, par. 8-243.3 |
| 16 |
| 40 ILCS 5/9-115 |
from Ch. 108 1/2, par. 9-115 |
| 17 |
| 40 ILCS 5/9-121.7 |
from Ch. 108 1/2, par. 9-121.7 |
| 18 |
| 40 ILCS 5/11-153 |
from Ch. 108 1/2, par. 11-153 |
| 19 |
| 40 ILCS 5/12-137 |
from Ch. 108 1/2, par. 12-137 |
| 20 |
| 40 ILCS 5/13-308 |
from Ch. 108 1/2, par. 13-308 |
| 21 |
| 40 ILCS 5/13-314 |
from Ch. 108 1/2, par. 13-314 |
| 22 |
| 40 ILCS 5/14-119 |
from Ch. 108 1/2, par. 14-119 |
| 23 |
| 40 ILCS 5/14-120 |
from Ch. 108 1/2, par. 14-120 |
| 24 |
| 40 ILCS 5/14-128 |
from Ch. 108 1/2, par. 14-128 |
| 25 |
| 40 ILCS 5/14-152.1 |
|
|
|
|
|
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LRB095 03657 AMC 23683 b |
|
| 1 |
| 40 ILCS 5/15-129 |
from Ch. 108 1/2, par. 15-129 |
| 2 |
| 40 ILCS 5/15-198 |
|
| 3 |
| 40 ILCS 5/18-128 |
from Ch. 108 1/2, par. 18-128 |
| 4 |
| 40 ILCS 5/18-169 |
|
| 5 |
| 40 ILCS 5/19-115 |
from Ch. 108 1/2, par. 19-115 |
| 6 |
| 30 ILCS 805/8.31 new |
|
| |
|