Bill Text: IL HB3375 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Illinois Pension Code. Provides that if a member or participant of a retirement system or pension fund subject to this Code is receiving a retirement annuity or retirement pension under that system or fund and becomes a member or participant of any other system or fund created by this Code and is employed on a full-time basis, then the person's retirement annuity or retirement pension under that system or fund shall be suspended during that employment. Effective July 1, 2011.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB3375 Detail]
Download: Illinois-2011-HB3375-Amended.html
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| 1 | AMENDMENT TO HOUSE BILL 3375
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| 2 | AMENDMENT NO. ______. Amend House Bill 3375, AS AMENDED, | ||||||
| 3 | immediately above Section 5, by inserting the following:
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| 4 | "Section 3. The Illinois Pension Code is amended by | ||||||
| 5 | changing Section 14-111 as follows:
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| 6 | (40 ILCS 5/14-111) (from Ch. 108 1/2, par. 14-111)
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| 7 | Sec. 14-111. Re-entry After retirement.
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| 8 | (a) An annuitant who re-enters the service of a department | ||||||
| 9 | and receives
compensation on a regular payroll shall receive no | ||||||
| 10 | payments of the
retirement annuity during the time he is so | ||||||
| 11 | employed, with the following
exceptions:
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| 12 | (1) An annuitant who is employed by a department while | ||||||
| 13 | he or she is a
continuing participant in the General | ||||||
| 14 | Assembly Retirement System under
Sections 2-117.1 and | ||||||
| 15 | 14-105.4 will not be considered to have made a
re-entry | ||||||
| 16 | after retirement within the meaning of this Section for the
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| 1 | duration of such continuing participation. Any person who | ||||||
| 2 | is a continuing
participant under Sections 2-117.1 and | ||||||
| 3 | 14-105.4 on the effective date of
this amendatory Act of | ||||||
| 4 | 1991 and whose retirement annuity has been suspended
under | ||||||
| 5 | this Section shall be entitled to receive from the System a | ||||||
| 6 | sum equal
to the annuity payments that have been withheld | ||||||
| 7 | under this Section, and
shall receive the benefit of this | ||||||
| 8 | amendment without regard to Section
1-103.1.
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| 9 | (2) An annuitant who accepts temporary employment from | ||||||
| 10 | such a
department (i) for a period not exceeding 75 working | ||||||
| 11 | days in any calendar year
or (ii) for total compensation of | ||||||
| 12 | less than $30,000 during a calendar year is not considered | ||||||
| 13 | to make a re-entry after retirement within the meaning of
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| 14 | this Section. Any part of a day on temporary employment is | ||||||
| 15 | considered a
full day of employment.
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| 16 | (b) If such person re-enters the service of a department, | ||||||
| 17 | not as a
temporary employee, contributions to the system shall | ||||||
| 18 | begin as of the
date of re-employment and additional creditable | ||||||
| 19 | service shall begin to
accrue. He shall assume the status of a | ||||||
| 20 | member entitled to all rights
and privileges in the system, | ||||||
| 21 | including death and disability benefits,
excluding a refund of | ||||||
| 22 | contributions.
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| 23 | Upon subsequent retirement, his retirement annuity shall | ||||||
| 24 | consist of:
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| 25 | (1) the amounts of the annuities terminated by re-entry | ||||||
| 26 | into
service; and
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| 1 | (2) the amount of the additional retirement annuity | ||||||
| 2 | earned by the
member during the period of additional | ||||||
| 3 | membership service which shall
not be subject to | ||||||
| 4 | reversionary annuity if any.
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| 5 | The total retirement annuity shall not, however, exceed the | ||||||
| 6 | maximum
applicable to the member at the time of original | ||||||
| 7 | retirement.
In the computation of any such retirement annuity, | ||||||
| 8 | the time that the
member was on retirement shall not interrupt | ||||||
| 9 | the continuity of service
for the computation of final average | ||||||
| 10 | compensation and the additional
membership service shall be | ||||||
| 11 | considered, together with service rendered
before the previous | ||||||
| 12 | retirement, in establishing final average
compensation.
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| 13 | A person who re-enters the service of a department within 3 | ||||||
| 14 | years
after retiring may qualify to have the retirement annuity | ||||||
| 15 | computed as
though the member had not previously retired by | ||||||
| 16 | paying to
the System, within 5 years after re-entry and prior | ||||||
| 17 | to subsequent
retirement, in a lump sum or in installment | ||||||
| 18 | payments in accordance with
such rules as may be adopted by the | ||||||
| 19 | Board, an amount equal to all
retirement payments received, | ||||||
| 20 | including any payments received in accordance
with subsection | ||||||
| 21 | (c) or (d) of Section 14-130, plus regular interest from
the | ||||||
| 22 | date retirement payments were suspended to the date of | ||||||
| 23 | repayment.
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| 24 | (Source: P.A. 86-1488; 87-794.)".
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