Public Act 098-0389

HB1351 Enrolled LRB098 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

employment.

(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

employee.

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

annuity.

(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

follows:

(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)

above;

(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.