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90_SB1342
40 ILCS 5/18-129 from Ch. 108 1/2, par. 18-129
Amends the Judges Article of the Illinois Pension Code to
allow an unmarried participant to receive a refund of
contributions for survivor's annuity. Effective immediately.
LRB9008794EGfg
LRB9008794EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 18-129.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 18-129 as follows:
7 (40 ILCS 5/18-129) (from Ch. 108 1/2, par. 18-129)
8 Sec. 18-129. Refund of contributions; repayment.
9 (a) A participant who ceases to be a judge may, upon
10 application to the Board, receive a refund of his or her
11 total contributions to the System including the contributions
12 made towards the automatic increase in retirement annuity and
13 contributions for the survivor's annuity, without interest,
14 provided he or she is not then immediately eligible to
15 receive a retirement annuity.
16 Upon receipt of a refund, the applicant shall cease to be
17 a participant and shall thereupon relinquish all rights in
18 the System. However, upon again becoming a participant, the
19 judge shall receive credit for all previous judicial service
20 upon payment to the System of the amount refunded together
21 with interest at 4% per annum from the time of the refund to
22 the date of repayment.
23 (b) Upon death of a participant who did not become an
24 annuitant, where no spouse or other beneficiaries eligible
25 for an annuity survive, the participant's designated
26 beneficiary or estate shall be entitled to a refund of his or
27 her total contributions to the System, including
28 contributions made towards the automatic increase in
29 retirement annuity and contributions for the survivor's
30 annuity, without interest.
31 (c) Upon death of an annuitant, where no spouse or other
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1 beneficiaries eligible for an annuity survive, the designated
2 beneficiary or estate shall receive a refund of the
3 contributions made for the survivor's annuity, without
4 interest. If the annuitant received annuity payments in the
5 aggregate less than his or her contributions for retirement
6 annuity and the contributions towards the automatic increase
7 in the retirement annuity, the designated beneficiary or
8 estate shall also be refunded the difference between the
9 total of such contributions, excluding interest, and the sum
10 of annuity payments made.
11 (d) A participant or annuitant whose marriage is
12 terminated by death or dissolution, an unmarried participant,
13 and an annuitant who was not married while he or she was a
14 judge, shall, upon application to the Board, receive a refund
15 of his or her contributions for the survivor's annuity,
16 without interest. Upon the issuance of a refund under this
17 subsection, the recipient's credit for survivor's annuity
18 purposes shall terminate and the recipient shall not
19 thereafter make contributions for survivor's annuity, except
20 in accordance with subsection (f) or (g). Upon the death of
21 a participant or annuitant who received such a refund, any
22 eligible children shall nevertheless be entitled to the
23 child's annuities provided in Section 18-128.01.
24 (e) Upon the death of a surviving spouse who, together
25 with the deceased judge, did not receive annuity payments in
26 the aggregate equal to the judge's total contributions to the
27 System, the estate of the surviving spouse shall be refunded
28 the difference between the total payments and total
29 contributions, excluding interest.
30 (f) Upon marriage or remarriage, a participant or
31 annuitant shall receive full credit for survivor's annuity
32 purposes upon:
33 (1) in the case of a participant, making the
34 contributions required under Section 18-123 beginning on
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1 the date of the marriage or remarriage;
2 (2) repaying in full any survivor's annuity
3 contributions that have been refunded; and
4 (3) making survivor's annuity contributions for the
5 period of participation during which he or she was
6 unmarried, together with interest thereon at 3% per
7 annum.
8 The time and manner of making such repayments shall be
9 prescribed by the Board.
10 (g) Upon marriage or remarriage, a participant who does
11 not make the payments required for full survivor's annuity
12 credit under subsection (f) may receive partial credit for
13 survivor's annuity by making survivor's annuity contributions
14 under Section 18-123 beginning on the date of the marriage or
15 remarriage.
16 Notwithstanding any other provision of this Article, the
17 survivor's annuity (but not any child's annuity) payable
18 under this Article on behalf of a deceased person with only
19 partial credit for survivor's annuity shall be reduced by
20 multiplying the amount of the survivor's annuity that would
21 have been payable if the person had full credit by a
22 fraction, the numerator of which is the number of months of
23 service for which survivor's annuity contributions have been
24 credited in this System, and the denominator of which is the
25 total number of months of service in this System.
26 (Source: P.A. 86-273; 87-1265.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.