Bill Amendment: IL SB2795 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PENCD-BENEFIT DISTRIBUTION AGE

Status: 2021-01-13 - Session Sine Die [SB2795 Detail]

Download: Illinois-2019-SB2795-Senate_Amendment_001.html

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Sen. Robert F. Martwick

Filed: 2/19/2020

10100SB2795sam001 LRB101 19188 RPS 70141 a
AMENDMENT TO SENATE BILL 2795
AMENDMENT NO. ______. Amend Senate Bill 2795 as follows:
on page 1, line 5, by replacing "7-141," with "2-121.3, 7-141,
14-121.1,"; and
on page 1, line 5, by replacing "and 16-142.3" with "16-142.3,
and 18-128.3"; and
on page 1, immediately below line 5, by inserting the
following:
"(40 ILCS 5/2-121.3) (from Ch. 108 1/2, par. 2-121.3)
Sec. 2-121.3. Required distributions. (a) A person who
would be eligible to receive a survivor's annuity under this
Article but for the fact that the person has not yet attained
age 50, shall be eligible for a monthly distribution under this
subsection (a), provided that the payment of such distribution

10100SB2795sam001 - 2 - LRB101 19188 RPS 70141 a
is required by federal law.
The distribution shall become payable on (i) July 1, 1987,
(ii) December 1 of the calendar year immediately following the
calendar year in which the deceased spouse died, or (iii)
December 1 of the calendar year in which the deceased spouse
would have attained age 72 70 1/2, whichever occurs last, and
shall remain payable until the first of the following to occur:
(1) the person becomes eligible to receive a survivor's annuity
under this Article; (2) the end of the month in which the
person ceases to be eligible to receive a survivor's annuity
upon attainment of age 50, due to remarriage or death; or (3)
the end of the month in which such distribution ceases to be
required by federal law.
The amount of the distribution shall be fixed at the time
the distribution first becomes payable, and shall be calculated
in the same manner as a survivor's annuity under Sections
2-121, 2-121.1 and 2-121.2, but excluding: (A) any requirement
for an application for the distribution; (B) any automatic
annual increases, supplemental increases, or one-time
increases that may be provided by law for survivor's annuities;
and (C) any lump-sum or death benefit.
(b) For the purpose of this Section, a distribution shall
be deemed to be required by federal law if: (1) directly
mandated by federal statute, rule, or administrative or court
decision; or (2) indirectly mandated through imposition of
substantial tax or other penalties for noncompliance.

10100SB2795sam001 - 3 - LRB101 19188 RPS 70141 a
(c) Notwithstanding Section 1-103.1 of this Code, a member
need not be in service on or after the effective date of this
amendatory Act of 1989 for the member's surviving spouse to be
eligible for a distribution under this Section.
(Source: P.A. 86-273.)"; and
on page 2, immediately below line 17, by inserting the
following:
"(40 ILCS 5/14-121.1) (from Ch. 108 1/2, par. 14-121.1)
Sec. 14-121.1. Required distributions. (a) A person who
would be eligible to receive a widow's or survivor's annuity
under this Article but for the fact that the person has not yet
attained age 50, shall be eligible for a monthly distribution
under this subsection (a), provided that the payment of such
distribution is required by federal law.
The distribution shall become payable on (i) July 1, 1987,
(ii) December 1 of the calendar year immediately following the
calendar year in which the deceased spouse died, or (iii)
December 1 of the calendar year in which the deceased spouse
would have attained age 72 70 1/2, whichever occurs last, and
shall remain payable until the first of the following to occur:
(1) the person becomes eligible to receive a widow's or
survivor's annuity under this Article; (2) the end of the month
in which the person ceases to be eligible to receive a widow's
or survivor's annuity upon attainment of age 50, due to

10100SB2795sam001 - 4 - LRB101 19188 RPS 70141 a
remarriage or death; or (3) the end of the month in which such
distribution ceases to be required by federal law.
The amount of the distribution shall be fixed at the time
the distribution first becomes payable, and shall be calculated
in the same manner as a survivor's annuity under Sections
14-120, 14-121 and 14-122 (or, in the case of a person who has
elected to receive a widow's annuity instead of a survivor's
annuity, in the same manner as the widow's annuity under
Sections 14-118 and 14-119), but excluding: (A) any requirement
for an application for the distribution; (B) any automatic
annual increases, supplemental increases, or one-time
increases that may be provided by law for survivor's or widow's
annuities; and (C) any lump-sum or death benefit.
(b) For the purpose of this Section, a distribution shall
be deemed to be required by federal law if: (1) directly
mandated by federal statute, rule, or administrative or court
decision; or (2) indirectly mandated through imposition of
substantial tax or other penalties for noncompliance.
(c) Notwithstanding Section 1-103.1 of this Code, a member
need not be in service on or after the effective date of this
amendatory Act of 1989 for the member's surviving spouse to be
eligible for a distribution under this Section.
(Source: P.A. 86-273.)"; and
on page 6, immediately below line 12, by inserting the
following:

10100SB2795sam001 - 5 - LRB101 19188 RPS 70141 a
"(40 ILCS 5/18-128.3) (from Ch. 108 1/2, par. 18-128.3)
Sec. 18-128.3. Required distributions. (a) A person who
would be eligible to receive a survivor's annuity under this
Article but for the fact that the person has not yet attained
age 50, shall be eligible for a monthly distribution under this
subsection (a), provided that the payment of such distribution
is required by federal law.
The distribution shall become payable on (i) July 1, 1987,
(ii) December 1 of the calendar year immediately following the
calendar year in which the deceased spouse died, or (iii)
December 1 of the calendar year in which the deceased spouse
would have attained age 72 70 1/2, whichever occurs last, and
shall remain payable until the first of the following to occur:
(1) the person becomes eligible to receive a survivor's annuity
under this Article; (2) the end of the month in which the
person ceases to be eligible to receive a survivor's annuity
upon attainment of age 50, due to remarriage or death; or (3)
the end of the month in which such distribution ceases to be
required by federal law.
The amount of the distribution shall be fixed at the time
the distribution first becomes payable, and shall be calculated
in the same manner as a survivor's annuity under Sections
18-128 through 18-128.2, but excluding: (A) any requirement for
an application for the distribution; (B) any automatic annual
increases, supplemental increases, or one-time increases that

10100SB2795sam001 - 6 - LRB101 19188 RPS 70141 a
may be provided by law for survivor's annuities; and (C) any
lump-sum or death benefit.
(b) For the purpose of this Section, a distribution shall
be deemed to be required by federal law if: (1) directly
mandated by federal statute, rule, or administrative or court
decision; or (2) indirectly mandated through imposition of
substantial tax or other penalties for noncompliance.
(c) Notwithstanding Section 1-103.1 of this Code, a member
need not be in service on or after the effective date of this
amendatory Act of 1989 for the member's surviving spouse to be
eligible for a distribution under this Section.
(Source: P.A. 86-273.)".