Bill Text: IL HB1334 | 2015-2016 | 99th General Assembly | Engrossed
Bill Title: Amends the General Provisions Article of the Illinois Pension Code. Provides that a member or participant of a retirement system or pension fund established under the Code who is receiving a retirement annuity or retirement pension and becomes employed in a similar position within the same agency on or after the effective date of the amendatory Act in a position in which he or she is eligible to accrue service credit or creditable service under any Article of the Code shall, in the month immediately after commencing that employment, have the amount of his or her monthly retirement annuity or retirement pension offset by the amount of his or her compensation, earnings, or salary (whichever is applicable) in the immediately preceding month as certified to the applicable retirement system or pension fund by his or her employer, unless the payment of that retirement annuity or retirement pension is already suspended or terminated during that period. Provides that these provisions do not apply to the first $2,000 per month of retirement annuity payments. Contains a statement of legislative intent. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2016-09-26 - Added as Alternate Chief Co-Sponsor Sen. Dan McConchie [HB1334 Detail]
Download: Illinois-2015-HB1334-Engrossed.html
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1 | AN ACT concerning public employee benefits, which may also | ||||||
2 | be referred to as the Retirement Means Retirement Act.
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3 | Be it enacted by the People of the State of Illinois,
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4 | represented in the General Assembly:
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5 | Section 5. The Illinois Pension Code is amended by changing | ||||||
6 | Sections 3-124.1, 4-117, 5-159, and 6-156 as follows:
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7 | (40 ILCS 5/3-124.1) (from Ch. 108 1/2, par. 3-124.1)
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8 | Sec. 3-124.1. Re-entry into active service. | ||||||
9 | (a) If a police officer who is
receiving
pension payments | ||||||
10 | other than as provided in Section 3-109.3 re-enters active
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11 | service, pension payment shall be suspended
while he or she is | ||||||
12 | in service. When he or she again retires, pension payments
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13 | shall be resumed. If the police officer remains in service | ||||||
14 | after re-entry
for a period of less than 5 years, the pension | ||||||
15 | shall be the same as upon
first retirement. If the officer's | ||||||
16 | service after re-entry is at least 5
years and the officer | ||||||
17 | makes the required contributions during the period
of re-entry, | ||||||
18 | his or her pension shall be recomputed by taking into account
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19 | the additional period of service and salary.
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20 | (b) If a person who first entered service under this | ||||||
21 | Article after January 1, 2017 is receiving pension payments | ||||||
22 | (other than as provided in Section 3-109.3) and becomes a | ||||||
23 | member or participant under any other system or fund created by |
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1 | this Code and is employed on a full-time basis, he or she shall | ||||||
2 | immediately notify the pension fund that is making those | ||||||
3 | pension payments of his or her participation or membership | ||||||
4 | under a system or fund created by this Code and the pension | ||||||
5 | payments shall be suspended while the person is employed | ||||||
6 | full-time. The suspension shall end upon termination of that | ||||||
7 | full-time employment. | ||||||
8 | (Source: P.A. 91-939, eff. 2-1-01.)
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9 | (40 ILCS 5/4-117) (from Ch. 108 1/2, par. 4-117)
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10 | Sec. 4-117. Reentry into active service. | ||||||
11 | (a) If a firefighter receiving
pension payments
reenters | ||||||
12 | active service, pension payments shall be suspended while he
or | ||||||
13 | she is in service. If the firefighter again retires or is | ||||||
14 | discharged,
his or her monthly pension shall be resumed in the | ||||||
15 | same amount as was paid
upon first retirement or discharge
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16 | unless he or she remained in active service 3 or more years | ||||||
17 | after re-entry
in which case the monthly pension shall be based | ||||||
18 | on the salary attached
to the firefighter's rank at the date of | ||||||
19 | last retirement.
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20 | (b) If a deferred pensioner re-enters active service, and | ||||||
21 | again retires
or is discharged from the fire service, his or | ||||||
22 | her pension shall be based
on the salary attached to the rank | ||||||
23 | held in the fire service at the date
of earlier retirement, | ||||||
24 | unless the firefighter remains in active service
for 3 or more | ||||||
25 | years after re-entry, in which case the monthly pension shall
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1 | be based on the salary attached to the firefighter's rank at | ||||||
2 | the date of
last retirement.
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3 | (c) If a pensioner or deferred pensioner re-enters or is | ||||||
4 | recalled
to active service and
is thereafter injured, and the | ||||||
5 | injury
is not related to an injury for which he or she was | ||||||
6 | previously receiving
a disability pension,
the 3 year service | ||||||
7 | requirement shall not apply in order
for the firefighter to | ||||||
8 | qualify for the increased pension based on
the rate of pay at | ||||||
9 | the time of the
new injury.
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10 | (d) If a person who first entered service under this | ||||||
11 | Article after January 1, 2017 is receiving pension payments and | ||||||
12 | becomes a member or participant under any other system or fund | ||||||
13 | created by this Code and is employed on a full-time basis, he | ||||||
14 | or she shall immediately notify the pension fund that is making | ||||||
15 | those pension payments and the pension payments shall be | ||||||
16 | suspended while that person is employed full-time. The | ||||||
17 | suspension shall end upon termination of that full-time | ||||||
18 | employment. | ||||||
19 | (Source: P.A. 83-1440.)
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20 | (40 ILCS 5/5-159) (from Ch. 108 1/2, par. 5-159)
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21 | Sec. 5-159. Re-entry of pensioner or annuitant into | ||||||
22 | service. | ||||||
23 | (a) When
a policeman who has withdrawn after the effective | ||||||
24 | date re-enters service,
any annuity previously granted to him | ||||||
25 | and any annuity
fixed for his wife shall be cancelled. The |
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1 | policeman shall be credited
for annuity purposes with sums | ||||||
2 | sufficient to provide annuities equal to
those cancelled for | ||||||
3 | him and his wife, as of their respective ages on the
date of | ||||||
4 | re-entrance into service.
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5 | Deductions from salary
and contributions by
the city for | ||||||
6 | all purposes of this Article shall be made, and upon
subsequent | ||||||
7 | retirement new annuities based upon the amount then to his
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8 | credit for annuity purposes and the entire term of his service | ||||||
9 | shall be
fixed for the policeman and his wife.
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10 | If such policeman's wife, for whom annuity has been fixed | ||||||
11 | prior to
his re-entrance into service, has died or her marriage | ||||||
12 | to such policeman
has been dissolved or declared invalid before | ||||||
13 | he re-entered service, no
part, of any sum or sums to the | ||||||
14 | credit of such policeman for widow's
annuity or for widow's | ||||||
15 | prior service annuity at the time annuity for
such wife was | ||||||
16 | fixed shall be credited to such policeman at the time of
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17 | re-entry. No part of any such sum or sums shall be used to | ||||||
18 | provide
annuity for any wife of such policeman who is his wife | ||||||
19 | at any time after
his re-entry into service unless she was his | ||||||
20 | wife at the time of his
withdrawal.
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21 | However, the payment of the pension or annuity shall | ||||||
22 | continue if
re-entry into service is for the purpose of serving | ||||||
23 | on a part time basis
as a street crossing guard.
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24 | (b) If a person who first entered service under this | ||||||
25 | Article after January 1, 2017 is receiving pension or annuity | ||||||
26 | payments and becomes a member or participant under any other |
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1 | system or fund created by this Code and is employed on a | ||||||
2 | full-time basis, he or she shall immediately notify the Fund | ||||||
3 | and the pension or annuity payments shall be suspended while | ||||||
4 | that person is employed full-time. The suspension shall end | ||||||
5 | upon termination of that full-time employment. | ||||||
6 | (Source: P.A. 86-272.)
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7 | (40 ILCS 5/6-156) (from Ch. 108 1/2, par. 6-156)
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8 | Sec. 6-156. Re-entry of pensioner or annuitant into | ||||||
9 | service. | ||||||
10 | (a)
When a fireman who has withdrawn after the effective | ||||||
11 | date re-enters the
service before age 63, any annuity | ||||||
12 | previously granted to him and any
annuity fixed for his wife | ||||||
13 | shall be cancelled. The fireman shall be
credited with the | ||||||
14 | actuarial value of the annuities cancelled for him and
his wife | ||||||
15 | as of their respective ages on the date of his re-entry into
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16 | service; provided, that for present employees and future | ||||||
17 | entrants who
entered service prior to July 1, 1953, the maximum | ||||||
18 | age of a wife for
this purpose shall not be more than 5 years | ||||||
19 | less than his age, and for
future entrants who entered service | ||||||
20 | after June 30, 1953, the age, for
annuity purposes, of a wife | ||||||
21 | who is older than her husband shall be
assumed to be equal to | ||||||
22 | his age. Such sums shall be credited to the
fireman to provide | ||||||
23 | for annuities in the future.
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24 | Deductions from salary and contributions by the city for | ||||||
25 | all
purposes of this Article shall be made as provided herein, |
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1 | and upon
subsequent retirement, new annuities based upon the | ||||||
2 | amount then to his
credit for annuity purposes and the entire | ||||||
3 | term of his service shall be
fixed for him and his wife.
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4 | If such fireman's wife, for whom annuity has been fixed | ||||||
5 | prior to his
re-entrance into service, has died, or the | ||||||
6 | marriage was dissolved before
he re-entered service, no part of | ||||||
7 | any sum or sums to the credit of such
fireman for widow's prior | ||||||
8 | service annuity at the time annuity for such
wife was fixed | ||||||
9 | shall be credited to such fireman at the time of
re-entry. No | ||||||
10 | part of any such sum or sums shall be used to provide
annuity | ||||||
11 | for any wife of such fireman who is his wife at any time after
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12 | his re-entry into service.
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13 | (b) If a fireman re-enters service after age 63, payments | ||||||
14 | of pension
or annuity previously granted shall be suspended. | ||||||
15 | When he again
withdraws, payments upon such pension or annuity | ||||||
16 | shall be resumed. If
the fireman dies in service, his widow | ||||||
17 | shall receive the annuity
previously fixed for her.
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18 | (c) If a person who first entered service under this | ||||||
19 | Article after January 1, 2017 is receiving pension or annuity | ||||||
20 | payments and becomes a member or participant under any other | ||||||
21 | system or fund created by this Code and is employed on a | ||||||
22 | full-time basis, he or she shall immediately notify the Fund | ||||||
23 | and the pension or annuity payments shall be suspended while | ||||||
24 | that person is employed full-time. The suspension shall end | ||||||
25 | upon termination of that full-time employment. | ||||||
26 | (Source: P.A. 81-1536.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
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