Bill Text: IL HB5803 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the State Employee Article of the Illinois Pension Code. Provides that certain contributions for service must be paid in full before retirement either in a lump sum or in installment payments over a period not to exceed 5 years (instead of in a lump sum or in installment payments) in accordance with such rules as may be adopted by the Board of Trustees of the System. Sets forth provisions concerning written appeals, hearings, rehearings, and written reappeals. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-11-16 - Referred to Rules Committee [HB5803 Detail]

Download: Illinois-2021-HB5803-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5803 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED:
40 ILCS 5/14-104 from Ch. 108 1/2, par. 14-104
40 ILCS 5/14-135.13 new
Amends the State Employee Article of the Illinois Pension Code. Provides that certain contributions for service must be paid in full before retirement either in a lump sum or in installment payments over a period not to exceed 5 years (instead of in a lump sum or in installment payments) in accordance with such rules as may be adopted by the Board of Trustees of the System. Sets forth provisions concerning written appeals, hearings, rehearings, and written reappeals. Effective immediately.
LRB102 28632 RPS 40515 b
A BILL FOR
HB5803 LRB102 28632 RPS 40515 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 14-104 and by adding Section 14-135.13 as
follows:
(40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
Sec. 14-104. Service for which contributions permitted.
Contributions provided for in this Section shall cover the
period of service granted. Except as otherwise provided in
this Section, the contributions shall be based upon the
employee's compensation and contribution rate in effect on the
date he last became a member of the System; provided that for
all employment prior to January 1, 1969 the contribution rate
shall be that in effect for a noncovered employee on the date
he last became a member of the System. Except as otherwise
provided in this Section, contributions permitted under this
Section shall include regular interest from the date an
employee last became a member of the System to the date of
payment.
These contributions must be paid in full before retirement
either in a lump sum or in installment payments over a period
not to exceed 5 years in accordance with such rules as may be

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adopted by the board.
(a) Any member may make contributions as required in this
Section for any period of service, subsequent to the date of
establishment, but prior to the date of membership.
(b) Any employee who had been previously excluded from
membership because of age at entry and subsequently became
eligible may elect to make contributions as required in this
Section for the period of service during which he was
ineligible.
(c) An employee of the Department of Insurance who, after
January 1, 1944 but prior to becoming eligible for membership,
received salary from funds of insurance companies in the
process of rehabilitation, liquidation, conservation or
dissolution, may elect to make contributions as required in
this Section for such service.
(d) Any employee who rendered service in a State office to
which he was elected, or rendered service in the elective
office of Clerk of the Appellate Court prior to the date he
became a member, may make contributions for such service as
required in this Section. Any member who served by appointment
of the Governor under the Civil Administrative Code of
Illinois and did not participate in this System may make
contributions as required in this Section for such service.
(e) Any person employed by the United States government or
any instrumentality or agency thereof from January 1, 1942
through November 15, 1946 as the result of a transfer from

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State service by executive order of the President of the
United States shall be entitled to prior service credit
covering the period from January 1, 1942 through December 31,
1943 as provided for in this Article and to membership service
credit for the period from January 1, 1944 through November
15, 1946 by making the contributions required in this Section.
A person so employed on January 1, 1944 but whose employment
began after January 1, 1942 may qualify for prior service and
membership service credit under the same conditions.
(f) An employee of the Department of Labor of the State of
Illinois who performed services for and under the supervision
of that Department prior to January 1, 1944 but who was
compensated for those services directly by federal funds and
not by a warrant of the Auditor of Public Accounts paid by the
State Treasurer may establish credit for such employment by
making the contributions required in this Section. An employee
of the Department of Agriculture of the State of Illinois, who
performed services for and under the supervision of that
Department prior to June 1, 1963, but was compensated for
those services directly by federal funds and not paid by a
warrant of the Auditor of Public Accounts paid by the State
Treasurer, and who did not contribute to any other public
employee retirement system for such service, may establish
credit for such employment by making the contributions
required in this Section.
(g) Any employee who executed a waiver of membership

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within 60 days prior to January 1, 1944 may, at any time while
in the service of a department, file with the board a
rescission of such waiver. Upon making the contributions
required by this Section, the member shall be granted the
creditable service that would have been received if the waiver
had not been executed.
(h) Until May 1, 1990, an employee who was employed on a
full-time basis by a regional planning commission for at least
5 continuous years may establish creditable service for such
employment by making the contributions required under this
Section, provided that any credits earned by the employee in
the commission's retirement plan have been terminated.
(i) Any person who rendered full time contractual services
to the General Assembly as a member of a legislative staff may
establish service credit for up to 8 years of such services by
making the contributions required under this Section, provided
that application therefor is made not later than July 1, 1991.
(j) By paying the contributions otherwise required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit plus
interest, but with all of the interest calculated from the
date the employee last became a member of the System or
November 19, 1991, whichever is later, to the date of payment,
an employee may establish service credit for a period of up to
4 years spent in active military service for which he does not
qualify for credit under Section 14-105, provided that (1) he

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was not dishonorably discharged from such military service,
and (2) the amount of service credit established by a member
under this subsection (j), when added to the amount of
military service credit granted to the member under subsection
(b) of Section 14-105, shall not exceed 5 years. The change in
the manner of calculating interest under this subsection (j)
made by this amendatory Act of the 92nd General Assembly
applies to credit purchased by an employee on or after its
effective date and does not entitle any person to a refund of
contributions or interest already paid. In compliance with
Section 14-152.1 of this Act concerning new benefit increases,
any new benefit increase as a result of the changes to this
subsection (j) made by Public Act 95-483 is funded through the
employee contributions provided for in this subsection (j).
Any new benefit increase as a result of the changes made to
this subsection (j) by Public Act 95-483 is exempt from the
provisions of subsection (d) of Section 14-152.1.
(k) An employee who was employed on a full-time basis by
the Illinois State's Attorneys Association Statewide Appellate
Assistance Service LEAA-ILEC grant project prior to the time
that project became the State's Attorneys Appellate Service
Commission, now the Office of the State's Attorneys Appellate
Prosecutor, an agency of State government, may establish
creditable service for not more than 60 months service for
such employment by making contributions required under this
Section.

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(l) By paying the contributions otherwise required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit plus
interest, a member may establish service credit for periods of
less than one year spent on authorized leave of absence from
service, provided that (1) the period of leave began on or
after January 1, 1982 and (2) any credit established by the
member for the period of leave in any other public employee
retirement system has been terminated. A member may establish
service credit under this subsection for more than one period
of authorized leave, and in that case the total period of
service credit established by the member under this subsection
may exceed one year. In determining the contributions required
for establishing service credit under this subsection, the
interest shall be calculated from the beginning of the leave
of absence to the date of payment.
(l-5) By paying the contributions otherwise required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit plus
interest, a member may establish service credit for periods of
up to 2 years spent on authorized leave of absence from
service, provided that during that leave the member
represented or was employed as an officer or employee of a
statewide labor organization that represents members of this
System. In determining the contributions required for
establishing service credit under this subsection, the

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interest shall be calculated from the beginning of the leave
of absence to the date of payment.
(m) Any person who rendered contractual services to a
member of the General Assembly as a worker in the member's
district office may establish creditable service for up to 3
years of those contractual services by making the
contributions required under this Section. The System shall
determine a full-time salary equivalent for the purpose of
calculating the required contribution. To establish credit
under this subsection, the applicant must apply to the System
by March 1, 1998.
(n) Any person who rendered contractual services to a
member of the General Assembly as a worker providing
constituent services to persons in the member's district may
establish creditable service for up to 8 years of those
contractual services by making the contributions required
under this Section. The System shall determine a full-time
salary equivalent for the purpose of calculating the required
contribution. To establish credit under this subsection, the
applicant must apply to the System by March 1, 1998.
(o) A member who participated in the Illinois Legislative
Staff Internship Program may establish creditable service for
up to one year of that participation by making the
contribution required under this Section. The System shall
determine a full-time salary equivalent for the purpose of
calculating the required contribution. Credit may not be

HB5803 - 8 - LRB102 28632 RPS 40515 b
established under this subsection for any period for which
service credit is established under any other provision of
this Code.
(p) By paying the contributions otherwise required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit plus
interest, a member may establish service credit for a period
of up to 8 years during which he or she was employed by the
Visually Handicapped Managers of Illinois in a vending program
operated under a contractual agreement with the Department of
Rehabilitation Services or its successor agency.
This subsection (p) applies without regard to whether the
person was in service on or after the effective date of this
amendatory Act of the 94th General Assembly. In the case of a
person who is receiving a retirement annuity on that effective
date, the increase, if any, shall begin to accrue on the first
annuity payment date following receipt by the System of the
contributions required under this subsection (p).
(q) By paying the required contributions under this
Section, plus an amount determined by the Board to be equal to
the employer's normal cost of the benefit plus interest, an
employee who was laid off but returned to any State employment
may establish creditable service for the period of the layoff,
provided that (1) the applicant applies for the creditable
service under this subsection (q) within 6 months after July
27, 2010 (the effective date of Public Act 96-1320), (2) the

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applicant does not receive credit for that period under any
other provision of this Code, (3) at the time of the layoff,
the applicant is not in an initial probationary status
consistent with the rules of the Department of Central
Management Services, and (4) the total amount of creditable
service established by the applicant under this subsection (q)
does not exceed 3 years. For service established under this
subsection (q), the required employee contribution shall be
based on the rate of compensation earned by the employee on the
date of returning to employment after the layoff and the
contribution rate then in effect, and the required interest
shall be calculated at the actuarially assumed rate from the
date of returning to employment after the layoff to the date of
payment. Funding for any new benefit increase, as defined in
Section 14-152.1 of this Act, that is created under this
subsection (q) will be provided by the employee contributions
required under this subsection (q).
(r) A member who participated in the University of
Illinois Government Public Service Internship Program (GPSI)
may establish creditable service for up to 2 years of that
participation by making the contribution required under this
Section, plus an amount determined by the Board to be equal to
the employer's normal cost of the benefit plus interest. The
System shall determine a full-time salary equivalent for the
purpose of calculating the required contribution. Credit may
not be established under this subsection for any period for

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which service credit is established under any other provision
of this Code.
(s) A member who worked as a nurse under a contractual
agreement for the Department of Public Aid, or its successor
agency, the Department of Human Services, in the Client
Assessment Unit and was subsequently determined to be a State
employee by the United States Internal Revenue Service and the
Illinois Labor Relations Board may establish creditable
service for those contractual services by making the
contributions required under this Section. To establish credit
under this subsection, the applicant must apply to the System
by July 1, 2008.
The Department of Human Services shall pay an employer
contribution based upon an amount determined by the Board to
be equal to the employer's normal cost of the benefit, plus
interest.
In compliance with Section 14-152.1 added by Public Act
94-4, the cost of the benefits provided by Public Act 95-583
are offset by the required employee and employer
contributions.
(t) Any person who rendered contractual services on a
full-time basis to the Illinois Institute of Natural Resources
and the Illinois Department of Energy and Natural Resources
may establish creditable service for up to 4 years of those
contractual services by making the contributions required
under this Section, plus an amount determined by the Board to

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be equal to the employer's normal cost of the benefit plus
interest at the actuarially assumed rate from the first day of
the service for which credit is being established to the date
of payment. To establish credit under this subsection (t), the
applicant must apply to the System within 6 months after July
27, 2010 (the effective date of Public Act 96-1320).
(u) By paying the required contributions under this
Section, plus an amount determined by the Board to be equal to
the employer's normal cost of the benefit, plus interest, a
member may establish creditable service and earnings credit
for periods of furlough beginning on or after July 1, 2008. To
receive this credit, the participant must (i) apply in writing
to the System before December 31, 2011 and (ii) not receive
compensation for the furlough period. For service established
under this subsection, the required employee contribution
shall be based on the rate of compensation earned by the
employee immediately following the date of the first furlough
day in the time period specified in this subsection (u), and
the required interest shall be calculated at the actuarially
assumed rate from the date of the furlough to the date of
payment.
(v) Any member who rendered full-time contractual services
to an Illinois Veterans Home operated by the Department of
Veterans' Affairs may establish service credit for up to 8
years of such services by making the contributions required
under this Section, plus an amount determined by the Board to

HB5803 - 12 - LRB102 28632 RPS 40515 b
be equal to the employer's normal cost of the benefit, plus
interest at the actuarially assumed rate. To establish credit
under this subsection, the applicant must apply to the System
no later than 6 months after July 27, 2010 (the effective date
of Public Act 96-1320).
(Source: P.A. 96-97, eff. 7-27-09; 96-718, eff. 8-25-09;
96-775, eff. 8-28-09; 96-961, eff. 7-2-10; 96-1000, eff.
7-2-10; 96-1320, eff. 7-27-10; 96-1535, eff. 3-4-11; 97-333,
8-12-11.)
(40 ILCS 5/14-135.13 new)
Sec. 14-135.13. Written appeals and hearings.
(a) Definitions. In this Section:
"Authorized representative" means a person representing a
petitioner in a written appeal or hearing.
"Executive Committee" means a committee consisting of one
member of the Board, the Chairperson of the Board or his or her
designee, and the Executive Secretary of the System or his or
her designee, which shall meet periodically for the purpose of
hearing all administrative contested matters and making
recommendations to the Board who shall make the final
decision. At any time, the Chairperson of the Board or the
Executive Secretary of the System may appoint an alternate
designee to serve on the committee in place of the designee
that he or she has previously appointed.
"Executive Secretary of the System" means the person

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designated as the official custodian of all papers and
documents filed in proceedings before the Executive Committee.
"Hearing" means the reconsideration by the Executive
Committee of the initial disposition of a claim, at which the
petitioner appears in person or by an authorized
representative, either at the hearing or by video or audio
conference.
"Hearing officer" means a member of the Executive
Committee or an attorney retained by the Executive Committee
for the purpose of conducting hearings and communicating the
Executive Committee's findings of fact, conclusions of law,
and recommendation to the Board.
"Legal action" means any action, following the final
denial by the Board, in which a member is seeking relief in
State or federal court for a disputed claim.
"Petition" means a written request made by a petitioner or
authorized representative for a hearing, a written appeal, a
rehearing, or a written reappeal before the Executive
Committee.
"Petitioner" means an individual who requests (1) by
petition a hearing or a written appeal before the Executive
Committee for reconsideration of the initial disposition of a
claim or (2) a rehearing or written reappeal before the
Executive Committee for reconsideration of the disposition of
a hearing or written appeal.
"Rehearing" means the reconsideration by the Executive

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Committee of the disposition of a hearing or written appeal,
at which the petitioner appears in person or by an authorized
representative, either at the hearing or by video or audio
conference.
"Video or audio conference" means a hearing or rehearing
before the Executive Committee for which the petitioner or
authorized representative is not physically present and the
proceeding before the Executive Committee is conducted through
video or audio technology.
"Written appeal" means the reconsideration by the
Executive Committee, based upon written evidence, of the
initial disposition of a petitioner's claim, at which the
petitioner does not appear either in person or by an
authorized representative.
"Written reappeal" means the reconsideration by the
Executive Committee, based upon written evidence, of the
disposition of a hearing or written appeal, at which the
petitioner does not appear either in person or by an
authorized representative.
(b) Administrative determination. The administrative staff
of the System shall be responsible for the daily functioning
of the System, including the processing of all claims for
benefits payable by the System, all claims for service credits
granted by the System, and all claims against or relating to
the System.
(c) Right of appeal. Any member, annuitant, or beneficiary

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adversely affected by the initial disposition of a claim by
the System's staff may have the disposition of the claim
reconsidered either at a hearing before the Executive
Committee or by filing a written appeal with the Executive
Committee.
(d) Written appeals to the Executive Committee.
(1) All petitions for written appeal shall be directed
to the Executive Secretary of the System at its
Springfield office and must be received within 30 days
following the notification of the initial disposition of
the claim.
(2) Form of written appeal. A petition for a written
appeal shall set forth the name and address of the
petitioner; the name and address of the petitioner's
authorized representative, if applicable; a brief
statement of the facts forming the basis of the written
appeal, which must include any new or additional evidence;
and the relief sought.
(3) Disposition of written appeal.
(A) The Executive Committee shall consider written
appeals at the next regular meeting of the Executive
Committee more than 15 days after the receipt of the
petition.
(B) Following the written appeal and the receipt
of all supplemental material requested, the
recommendation of the Executive Committee shall be

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communicated in writing to the petitioner and
authorized representative, if applicable, and the
appropriate action shall be implemented by the
Executive Committee subject to the approval of the
Board.
(4) Continuances and extensions of time. Continuances
and extensions of time shall be granted by the Executive
Committee or the examiner when it is demonstrated that
obtaining and presenting additional evidence is necessary
to render a fair and equitable decision on the written
appeal before the Committee.
(5) Minutes and records of written appeals.
(A) Minutes of every meeting of the Executive
Committee and a record of all written appeals before
the Executive Committee shall be kept by the Executive
Secretary of the System at its Springfield office.
(B) The Executive Secretary of the System shall be
the official custodian of all papers and documents
filed in proceedings before the Executive Committee.
(e) Hearings before the Executive Committee.
(1) All petitions for hearings shall be made to the
Executive Secretary of the System at its Springfield
Office and must be received within 30 days following the
notification of the initial disposition of the claim.
(2) Any petitioner or authorized representative may
appear at a hearing before the Executive Committee, either

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in person or by video or audio conference.
(3) Petitions may be informal or formal and shall be
presented by letter or other writing. A petition shall set
forth the name and address of the petitioner; the name and
address of the authorized representative, if applicable; a
brief statement of the facts forming the basis of the
petition, which must include any new or additional
evidence; and the relief sought.
(4) Upon scheduling of a hearing before the Executive
Committee, a petitioner shall be provided with written
notice of: the date, time, and place of the hearing; the
subject matter of the hearing; and the relevant procedural
and substantive statutory and regulatory provisions.
Notice of the hearing shall also inform the petitioner
that he or she will be afforded the opportunity to provide
a statement of his or her position, present oral evidence,
and conduct examination and cross-examination of witnesses
as necessary for full and true disclosure of the facts. In
the absence of the petitioner, the Executive Committee
shall consider the petitioner's petition and such other
matters as may be properly brought before it at the
hearing.
(5) Prehearing conferences.
(A) Upon written request by the Executive
Committee or a petitioner or authorized
representative, a conference shall be conducted for

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the purpose of formulating issues and considering:
(i) the simplification of issues;
(ii) the amendment of pleadings;
(iii) the making of admissions of facts or
stipulations for the purpose of avoiding the
unnecessary introduction of evidence;
(iv) the procedure at the hearing;
(v) the limitation of the number of witnesses;
and
(vi) such other matters as may aid in the
simplification of the evidence and disposition of
the proceeding.
(B) The persons attending the prehearing
conference may enter into a written stipulation as to
matters decided in the prehearing conference.
(C) No minutes shall be kept of the prehearing
conference. Facts disclosed in the course of the
prehearing conferences are privileged and, except by
agreement, shall not be used against the petitioner or
any other party attending the prehearing conference
either before the Executive Committee or elsewhere
unless fully substantiated by other evidence.
(6) Conduct of hearings.
(A) Hearings shall be conducted before the
Executive Committee by the hearing officer and shall
be of an informal nature.

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(B) The hearing officer shall direct all parties
to enter their appearances on the record. The hearing
officer shall conduct a full and fair hearing, receive
testimony of the claimant, admit exhibits into
evidence, avoid delay, maintain order, and make a
sufficient record for a full and true disclosure of
the facts and issues. To accomplish these ends, the
hearing officer shall make all procedural and
evidentiary rulings necessary for the conduct of the
hearing.
(C) Parties may, by written stipulation, agree
upon any facts involved in the proceeding. The facts
stipulated shall be considered as evidence in the
proceeding.
(D) Irrelevant material or unduly repetitious
evidence shall be excluded.
(7) Documentary evidence. Whenever possible, documents
and exhibits shall be introduced by stipulation of the
parties. Originals of documents shall be introduced into
evidence with leave of the hearing officer to substitute
the originals with copies. Whenever possible, the parties
shall interchange copies of exhibits or other pertinent
material before the hearing at which they are to be
offered.
(8) Briefs and oral arguments. Written briefs and oral
arguments shall be allowed at the request of the

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petitioner. The time limitations upon the oral argument
shall be determined by the hearing officer having regard
to the magnitude and complexity of the issues involved and
the other business of the Executive Committee. All
testimony shall be taken under oath before an officer
authorized to administer oaths by the laws of this State,
of the United States, or of the place where the testimony
is to be given.
(9) Disposition of hearing. Following the hearing and
receipt of all supplemental material requested, the
Executive Committee, following its next scheduled meeting,
shall communicate its recommendation in writing to the
petitioner and authorized representative, if applicable.
The recommendation shall contain a sufficient statement of
the facts, all necessary findings of fact and conclusions
of law, and a suggested decision or decisions of the
Board. The appropriate action shall be implemented by the
Executive Committee subject to the approval of the Board.
(10) Continuances and extensions of time. Continuances
and extensions of time shall be granted by the Executive
Committee or the hearing officer when it is demonstrated
that obtaining and presenting additional evidence or
witnesses is necessary to render a fair and equitable
decision on the hearing before the Executive Committee.
(11) Minutes and record of hearing.
(A) Minutes of every meeting of the Executive

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Committee and a record of all hearings before the
Executive Committee shall be kept by the Executive
Secretary of the System at its Springfield office.
(B) Two records of proceedings shall be kept that
shall be in the form of a nonverbatim bystander's
record of the proceedings and either a stenographic
transcription or a tape recording. The record shall be
available to the petitioner or authorized
representative prior to the Executive Committee making
its recommendations.
(C) The Executive Secretary of the System shall be
the official custodian of all papers and documents
filed in proceedings before the Executive Committee.
(12) Disqualification; ex parte communications.
(A) Disqualification.
(i) A hearing officer or other member of the
Executive Committee may be disqualified on grounds
of bias or conflict of interest. A motion to
disqualify a hearing officer or other member of
the Executive Committee for bias or conflict of
interest should be made to the hearing officer by
any party to the hearing at least one week prior to
the commencement of the hearing. The motion shall
be heard, considered, and ruled upon by the
hearing officer at or prior to the commencement of
the hearing. The movant shall have the burden of

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proof with respect to the motion to disqualify.
Either an adverse ruling or the fact that a
hearing officer or other member of the Executive
Committee is an employee of the System or has a
contract with the System, standing alone, shall
not constitute bias or conflict of interest.
(ii) The Executive Secretary of the System may
not be called as a witness unless it is
demonstrated that the Executive Secretary of the
System has relevant noncumulative personal
knowledge of facts bearing upon the claim. The
Executive Secretary of the System may not be
disqualified as a member of the Executive
Committee on the basis that the Executive
Secretary of the System is responsible for the
overall administration of the System.
(iii) If the Executive Committee is reduced to
fewer than 2 members, the President of the Board
may appoint another person to the Executive
Committee.
(B) Ex parte communications prohibited. Except in
the disposition of matters that the System is
authorized by law to entertain or dispose of on an ex
parte basis, the members of the Executive Committee
shall not, after receiving notice of a hearing in a
contested matter, communicate, directly or indirectly,

HB5803 - 23 - LRB102 28632 RPS 40515 b
in connection with any issue of fact, with any party,
or in connection with any other issue with any party,
or the representative of any party, except upon notice
and opportunity for all parties to participate.
However, an employee of the System may communicate
with other employees of the System and an employee of
the System or member of the Executive Committee may
have the aid and advice of one or more assistants. An
ex parte communication received by any member of the
Executive Committee shall be made a part of the record
of the pending matter, including all written
communications, all written responses to the
communications, and a memorandum stating the substance
of all oral communications and all responses made and
the identity of each person from whom the ex parte
communication was received. Communications regarding
matters of procedure and practice, such as the format
of pleadings, number of copies required, manner of
service, and status of proceedings, are not considered
ex parte communications.
(f) Rehearings and written reappeals.
(1) Purpose of rehearing and written reappeal. Any
member of the Executive Committee may grant a rehearing or
written reappeal only for the purpose of considering new
or additional evidence not previously available.
(2) Procedures for rehearing. The procedures set forth

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in subsection (e) shall apply to rehearings, except that a
petition for a rehearing must be received within 90 days
following the notification of the final decision of the
Board with respect to the recommendation of the Executive
Committee.
(3) Procedures for written reappeal. The procedures
set forth in subsection (d) shall apply to written
reappeals, except that a petition for a written reappeal
must be received within 90 days following the notification
of the final decision of the Board with respect to the
recommendation of the Executive Committee.
(g) Decisions of the Board.
(1) Decisions of the Board are final administrative
decisions subject to the provisions of the Administrative
Review Law.
(2) The decision of the Board shall be communicated in
writing to the petitioner and authorized representative,
if applicable.
(h) Request for retirement annuity or refund of
contributions. A request for a retirement annuity or a refund
of contributions shall be granted when legal action is pending
on a disputed disability claim. If the member receives a
favorable decision on the legal action against the System and
requests additional disability benefits with regard to the
disputed claim for a period beyond the effective date the
retirement annuity or refund of contributions, the member must

HB5803 - 25 - LRB102 28632 RPS 40515 b
repay all retirement benefits or refund of contributions
within 30 days after notification by the System of the amount
due.
Section 99. Effective date. This Act takes effect upon
becoming law.