Illinois General Assembly - Full Text of HB0299
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Full Text of HB0299  100th General Assembly


Sen. Daniel Biss

Filed: 5/16/2017





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2    AMENDMENT NO. ______. Amend House Bill 299 on page 1, line
35, by replacing "Section 15-139.5" with "Sections 15-113,
415-135, 15-139.5, 15-152, 15-153.2, and 15-168.1"; and
5on page 1, immediately below line 5, by inserting the
7    "(40 ILCS 5/15-113)  (from Ch. 108 1/2, par. 15-113)
8    Sec. 15-113. Service. "Service": The periods defined in
9Sections 15-113.1 through 15-113.9 and Sections Section
1015-113.11 through 15-113.12.
11(Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12.)
12    (40 ILCS 5/15-135)  (from Ch. 108 1/2, par. 15-135)
13    (Text of Section WITHOUT the changes made by P.A. 98-599,
14which has been held unconstitutional)
15    Sec. 15-135. Retirement annuities - Conditions.



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1    (a) This subsection (a) applies only to a Tier 1 member. A
2participant who retires in one of the following specified years
3with the specified amount of service is entitled to a
4retirement annuity at any age under the retirement program
5applicable to the participant:
6        35 years if retirement is in 1997 or before;
7        34 years if retirement is in 1998;
8        33 years if retirement is in 1999;
9        32 years if retirement is in 2000;
10        31 years if retirement is in 2001;
11        30 years if retirement is in 2002 or later.
12    A participant with 8 or more years of service after
13September 1, 1941, is entitled to a retirement annuity on or
14after attainment of age 55.
15    A participant with at least 5 but less than 8 years of
16service after September 1, 1941, is entitled to a retirement
17annuity on or after attainment of age 62.
18    A participant who has at least 25 years of service in this
19system as a police officer or firefighter is entitled to a
20retirement annuity on or after the attainment of age 50, if
21Rule 4 of Section 15-136 is applicable to the participant.
22    (a-5) A Tier 2 member is entitled to a retirement annuity
23upon written application if he or she has attained age 67 and
24has at least 10 years of service credit and is otherwise
25eligible under the requirements of this Article. A Tier 2
26member who has attained age 62 and has at least 10 years of



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1service credit and is otherwise eligible under the requirements
2of this Article may elect to receive the lower retirement
3annuity provided in subsection (b-5) of Section 15-136 of this
5    (b) The annuity payment period shall begin on the date
6specified by the participant or the recipient of a disability
7retirement annuity submitting a written application. For a
8participant, the date on which the annuity payment period
9begins , which date shall not be prior to termination of
10employment or more than one year before the application is
11received by the board; however, if the participant is not an
12employee of an employer participating in this System or in a
13participating system as defined in Article 20 of this Code on
14April 1 of the calendar year next following the calendar year
15in which the participant attains age 70 1/2, the annuity
16payment period shall begin on that date regardless of whether
17an application has been filed. For a recipient of a disability
18retirement annuity, the date on which the annuity payment
19period begins shall not be prior to the discontinuation of the
20disability retirement annuity under Section 15-153.2.
21    (c) An annuity is not payable if the amount provided under
22Section 15-136 is less than $10 per month.
23(Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12;
2498-92, eff. 7-16-13.)"; and
25on page 8, immediately below line 1, by inserting the



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2    "(40 ILCS 5/15-152)  (from Ch. 108 1/2, par. 15-152)
3    Sec. 15-152. Disability benefits - Duration. Disability
4benefits shall be discontinued when the earliest of the
5following occurs: (1) when disability ceases, (2) upon refusal
6of the participant to submit to a reasonable physical
7examination by a physician approved by the board, (3) upon
8refusal of the participant to accept any position, assigned in
9good faith by an employer, the duties of which could reasonably
10be performed by the participant and the earnings of which would
11be at least equal to the disability benefit payable under this
12Article, (4) upon September 1, following the participant's 70th
13birthday, if the disability benefit commenced prior to
14attainment of age 65, (5) the end of the month following the
15fifth anniversary of the date disability benefits commenced, if
16such benefits began after the attainment of age 65, or (6) when
17the total disability benefits paid equal 50% of the
18participant's total earnings for the entire period of
19employment for which service has been granted prior to the date
20disability benefits began to accrue, or (7) upon failure of the
21participant to provide an earnings verification necessary to
22determine continuance of benefits. If the disability was caused
23by an on-the-job accident, and the participant is granted
24workers' compensation or occupational disease payments from
25the employer or the State of Illinois, the limitation in clause



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1(6) shall not be applicable.
2    Service and earnings credits under the State Employees'
3Retirement System of Illinois and the Teachers' Retirement
4System of the State of Illinois shall be considered in
5determining the employee's eligibility for, and the duration of
6disability benefits.
7    If, by law, a function of a governmental unit, as defined
8by Section 20-107 is transferred in whole or in part to an
9employer and an employee transfers employment from the
10governmental unit to such employer within 6 months after the
11transfer of this function, the pension credits in the
12governmental unit's retirement system which have been
13validated under Section 20-109, shall be treated the same as
14pension credits in this Section in determining an employee's
15eligibility for, and the duration of disability benefits.
16(Source: P.A. 86-273.)
17    (40 ILCS 5/15-153.2)  (from Ch. 108 1/2, par. 15-153.2)
18    Sec. 15-153.2. Disability retirement annuity. A
19participant whose disability benefits are discontinued under
20the provisions of clause (6) of Section 15-152 and who is not a
21participant in the optional retirement plan established under
22Section 15-158.2 is entitled to a disability retirement annuity
23of 35% of the basic compensation which was payable to the
24participant at the time that disability began, provided that
25the board determines that the participant has a medically



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1determinable physical or mental impairment that prevents him or
2her from engaging in any substantial gainful activity, and
3which can be expected to result in death or which has lasted or
4can be expected to last for a continuous period of not less
5than 12 months.
6    The board's determination of whether a participant is
7disabled shall be based upon:
8        (i) a written certificate from one or more licensed and
9    practicing physicians appointed by or acceptable to the
10    board, stating that the participant is unable to engage in
11    any substantial gainful activity; and
12        (ii) any other medical examinations, hospital records,
13    laboratory results, or other information necessary for
14    determining the employment capacity and condition of the
15    participant.
16    The terms "medically determinable physical or mental
17impairment" and "substantial gainful activity" shall have the
18meanings ascribed to them in the federal Social Security Act,
19as now or hereafter amended, and the regulations issued
21    The disability retirement annuity payment period shall
22begin immediately following the expiration of the disability
23benefit payments under clause (6) of Section 15-152 and shall
24be discontinued for a recipient of a disability retirement
25annuity when (1) the physical or mental impairment no longer
26prevents the recipient participant from engaging in any



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1substantial gainful activity, (2) the recipient participant
2dies, or (3) the recipient participant elects to receive a
3retirement annuity under Sections 15-135 and 15-136, (4) the
4recipient refuses to submit to a reasonable physical
5examination by a physician approved by the board, or (5) the
6recipient fails to provide an earnings verification necessary
7to determine continuance of benefits. If a person's disability
8retirement annuity is discontinued under clause (1), all rights
9and credits accrued in the system on the date that the
10disability retirement annuity began shall be restored, and the
11disability retirement annuity paid shall be considered as
12disability payments under clause (6) of Section 15-152.
13    The board shall adopt rules governing the filing,
14investigation, control, and supervision of disability
15retirement annuity claims. Costs incurred by a claimant in
16connection with completing a claim for a disability retirement
17annuity shall be paid: (A) by the claimant in the case of the
18one required medical examination, medical certificate, and any
19other requirements generally imposed by the board on all
20disability retirement annuity claimants; and (B) by the System
21in the case of any additional medical examination or other
22additional requirement imposed on a particular claimant that is
23not imposed generally on all disability retirement annuity
25(Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12.)



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1    (40 ILCS 5/15-168.1)
2    Sec. 15-168.1. Testimony and the production of records. The
3secretary of the Board shall have the power to issue subpoenas
4to compel the attendance of witnesses and the production of
5documents and records, including law enforcement records
6maintained by law enforcement agencies, in conjunction with:
7        (1) the determination of employer payments required
8    under subsection (g) of Section 15-155; ,
9        (2) a disability claim; ,
10        (3) an administrative review proceeding; ,
11        (4) an attempt to obtain information to assist in the
12    collection of sums due to the System;
13        (5) obtaining any and all personal identifying
14    information necessary for the administration of benefits;
15        (6) the determination of the death of a benefit
16    recipient or a potential benefit recipient; or
17        (7) a felony forfeiture investigation.
18    The fees of witnesses for attendance and travel shall be
19the same as the fees of witnesses before the circuit courts of
20this State and shall be paid by the party seeking the subpoena.
21The Board may apply to any circuit court in the State for an
22order requiring compliance with a subpoena issued under this
23Section. Subpoenas issued under this Section shall be subject
24to applicable provisions of the Code of Civil Procedure.
25(Source: P.A. 94-1057, eff. 7-31-06.)".