Bill Text: IL HB1351 | 2013-2014 | 98th General Assembly | Enrolled

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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-Enrolled.html

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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

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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,

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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

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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.