Illinois General Assembly - Full Text of HB0368
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Full Text of HB0368  100th General Assembly


Rep. Elaine Nekritz

Filed: 2/7/2017





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2    AMENDMENT NO. ______. Amend House Bill 368 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Pension Code is amended by
5changing Sections 15-113, 15-135, 15-152, 15-153.2, and
615-168.1 as follows:
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    Sec. 15-135. Retirement annuities - Conditions.
14    (a) This subsection (a) applies only to a Tier 1 member. A
15participant who retires in one of the following specified years



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



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1annuity provided in subsection (b-5) of Section 15-136 of this
3    (b) The annuity payment period shall begin on the date
4specified by the participant or the recipient of a disability
5retirement annuity submitting a written application. For a
6participant, the date on which the annuity payment period
7begins , which date shall not be prior to termination of
8employment or more than one year before the application is
9received by the board; however, if the participant is not an
10employee of an employer participating in this System or in a
11participating system as defined in Article 20 of this Code on
12April 1 of the calendar year next following the calendar year
13in which the participant attains age 70 1/2, the annuity
14payment period shall begin on that date regardless of whether
15an application has been filed. For a recipient of a disability
16retirement annuity, the date on which the annuity payment
17period begins shall not be prior to the discontinuation of the
18disability retirement annuity under Section 15-153.2.
19    (c) An annuity is not payable if the amount provided under
20Section 15-136 is less than $10 per month.
21(Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12;
2298-92, eff. 7-16-13.)
23    (40 ILCS 5/15-152)  (from Ch. 108 1/2, par. 15-152)
24    Sec. 15-152. Disability benefits - Duration. Disability
25benefits shall be discontinued when the earliest of the



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1following occurs: (1) when disability ceases, (2) upon refusal
2of the participant to submit to a reasonable physical
3examination by a physician approved by the board, (3) upon
4refusal of the participant to accept any position, assigned in
5good faith by an employer, the duties of which could reasonably
6be performed by the participant and the earnings of which would
7be at least equal to the disability benefit payable under this
8Article, (4) upon September 1, following the participant's 70th
9birthday, if the disability benefit commenced prior to
10attainment of age 65, (5) the end of the month following the
11fifth anniversary of the date disability benefits commenced, if
12such benefits began after the attainment of age 65, or (6) when
13the total disability benefits paid equal 50% of the
14participant's total earnings for the entire period of
15employment for which service has been granted prior to the date
16disability benefits began to accrue, or (7) upon failure of the
17participant to provide an earnings verification necessary to
18determine continuance of benefits. If the disability was caused
19by an on-the-job accident, and the participant is granted
20workers' compensation or occupational disease payments from
21the employer or the State of Illinois, the limitation in clause
22(6) shall not be applicable.
23    Service and earnings credits under the State Employees'
24Retirement System of Illinois and the Teachers' Retirement
25System of the State of Illinois shall be considered in
26determining the employee's eligibility for, and the duration of



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



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1    The board's determination of whether a participant is
2disabled shall be based upon:
3        (i) a written certificate from one or more licensed and
4    practicing physicians appointed by or acceptable to the
5    board, stating that the participant is unable to engage in
6    any substantial gainful activity; and
7        (ii) any other medical examinations, hospital records,
8    laboratory results, or other information necessary for
9    determining the employment capacity and condition of the
10    participant.
11    The terms "medically determinable physical or mental
12impairment" and "substantial gainful activity" shall have the
13meanings ascribed to them in the federal Social Security Act,
14as now or hereafter amended, and the regulations issued
16    The disability retirement annuity payment period shall
17begin immediately following the expiration of the disability
18benefit payments under clause (6) of Section 15-152 and shall
19be discontinued for a recipient of a disability retirement
20annuity when (1) the physical or mental impairment no longer
21prevents the recipient participant from engaging in any
22substantial gainful activity, (2) the recipient participant
23dies, or (3) the recipient participant elects to receive a
24retirement annuity under Sections 15-135 and 15-136, (4) the
25recipient refuses to submit to a reasonable physical
26examination by a physician approved by the board, or (5) the



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1recipient fails to provide an earnings verification necessary
2to determine continuance of benefits. If a person's disability
3retirement annuity is discontinued under clause (1), all rights
4and credits accrued in the system on the date that the
5disability retirement annuity began shall be restored, and the
6disability retirement annuity paid shall be considered as
7disability payments under clause (6) of Section 15-152.
8    The board shall prescribe rules governing the filing,
9investigation, control, and supervision of disability
10retirement annuity claims. Costs incurred by a claimant in
11connection with completing a claim for a disability retirement
12annuity shall be paid (A) by the claimant, in the case of the
13one required medical examination, medical certificate, and any
14other requirements generally imposed by the board on all
15disability retirement annuity claimants; and (B) by the System,
16in the case of any additional medical examination or other
17additional requirement imposed on a particular claimant that is
18not imposed generally on all disability retirement annuity
20(Source: P.A. 97-933, eff. 8-10-12; 97-968, eff. 8-16-12.)
21    (40 ILCS 5/15-168.1)
22    Sec. 15-168.1. Testimony and the production of records. The
23secretary of the Board shall have the power to issue subpoenas
24to compel the attendance of witnesses and the production of
25documents and records, including law enforcement records



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1maintained by law enforcement agencies, in conjunction with:
2        (1) the determination of employer payments required
3    under subsection (g) of Section 15-155; ,
4        (2) a disability claim; ,
5        (3) an administrative review proceeding; ,
6        (4) an attempt to obtain information to assist in the
7    collection of sums due to the System;
8        (5) obtaining any and all personal identifying
9    information necessary for the administration of benefits;
10        (6) the determination of the death of a benefit
11    recipient or a potential benefit recipient; or
12        (7) a felony forfeiture investigation.
13    The fees of witnesses for attendance and travel shall be
14the same as the fees of witnesses before the circuit courts of
15this State and shall be paid by the party seeking the subpoena.
16The Board may apply to any circuit court in the State for an
17order requiring compliance with a subpoena issued under this
18Section. Subpoenas issued under this Section shall be subject
19to applicable provisions of the Code of Civil Procedure.
20(Source: P.A. 94-1057, eff. 7-31-06.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".