Illinois General Assembly - Full Text of Public Act 098-0389
Illinois General Assembly

Previous General Assemblies

Public Act 098-0389





Public Act 098-0389
HB1351 EnrolledLRB098 03985 JDS 34005 b

    AN ACT concerning public employee benefits.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Pension Code is amended by changing
Section 7-144 as follows:
    (40 ILCS 5/7-144)  (from Ch. 108 1/2, par. 7-144)
    Sec. 7-144. Retirement annuities-Suspended during
    (a) If any person receiving any annuity again becomes an
employee and receives earnings from employment in a position
requiring him, or entitling him to elect, to become a
participating employee, then the annuity payable to such
employee shall be suspended as of the 1st day of the month
coincidental with or next following the date upon which such
person becomes such an employee, unless the person is
authorized under subsection (b) of Section 7-137.1 of this Code
to continue receiving a retirement annuity during that period.
Upon proper qualification of the participating employee
payment of such annuity may be resumed on the 1st day of the
month following such qualification and upon proper application
therefor. The participating employee in such case shall be
entitled to a supplemental annuity arising from service and
credits earned subsequent to such re-entry as a participating
    Notwithstanding any other provision of this Article, an
annuitant shall be considered a participating employee if he or
she returns to work as an employee with a participating
employer and works more than 599 hours annually (or 999 hours
annually with a participating employer that has adopted a
resolution pursuant to subsection (e) of Section 7-137 of this
Code). Each of these annual periods shall commence on the month
and day upon which the annuitant is first employed with the
participating employer following the effective date of the
    (b) Supplemental annuities to persons who return to service
for less than 48 months shall be computed under the provisions
of Sections 7-141, 7-142 and 7-143. In determining whether an
employee is eligible for an annuity which requires a minimum
period of service, his entire period of service shall be taken
into consideration but the supplemental annuity shall be based
on earnings and service in the supplemental period only. The
effective date of the suspended and supplemental annuity for
the purpose of increases after retirement shall be considered
to be the effective date of the suspended annuity.
    (c) Supplemental annuities to persons who return to service
for 48 months or more shall be a monthly amount determined as
        (1) An amount shall be computed under subparagraph b of
    paragraph (1) of subsection (a) of Section 7-142,
    considering all of the service credits of the employee;
        (2) The actuarial value in monthly payments for life of
    the annuity payments made before suspension shall be
    determined and subtracted from the amount determined in (1)
        (3) The monthly amount of the suspended annuity, with
    any applicable increases after retirement computed from
    the effective date to the date of reinstatement, shall be
    subtracted from the amount determined in (2) above and the
    remainder shall be the amount of the supplemental annuity
    provided that this amount shall not be less than the amount
    computed under subsection (b) of this Section.
        (4) The suspended annuity shall be reinstated at an
    amount including any increases after retirement from the
    effective date to date of reinstatement.
        (5) The effective date of the combined suspended and
    supplemental annuities for the purposes of increases after
    retirement shall be considered to be the effective date of
    the supplemental annuity.
(Source: P.A. 97-328, eff. 8-12-11; 97-609, eff. 1-1-12.)
    Section 90. The State Mandates Act is amended by adding
Section 8.37 as follows:
    (30 ILCS 805/8.37 new)
    Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 98th General Assembly.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/16/2013