Bill Text: IL HB1351 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that 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 excluding from participation in IMRF any person employed in a position normally requiring performance of duty for less than 1000 hours per year). Specifies that 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. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0389 [HB1351 Detail]
Download: Illinois-2013-HB1351-Chaptered.html
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| Public Act 098-0389 | ||||
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing | ||||
Section 7-144 as follows:
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(40 ILCS 5/7-144) (from Ch. 108 1/2, par. 7-144)
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Sec. 7-144. Retirement annuities-Suspended during | ||||
employment.
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(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.
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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.
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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.
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(c) Supplemental annuities to persons who return to service | ||
for 48
months or more shall be a monthly amount determined as | ||
follows:
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(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;
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(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;
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(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
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provided that this amount shall not be less than the amount | ||
computed under
subsection (b) of this Section.
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(4) The suspended annuity shall be reinstated at an | ||
amount including
any increases after retirement from the | ||
effective date to date of
reinstatement.
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(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.
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(Source: P.A. 97-328, eff. 8-12-11; 97-609, eff. 1-1-12.)
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Section 90. The State Mandates Act is amended by adding | ||
Section 8.37 as follows:
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(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.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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