Bill Text: IL HB3196 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the State Employees Article of the Illinois Pension Code. Makes a technical change in a Section concerning widow's annuities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB3196 Detail]
Download: Illinois-2009-HB3196-Introduced.html
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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||
5 | Section 14-119 as follows:
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6 | (40 ILCS 5/14-119) (from Ch. 108 1/2, par. 14-119)
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7 | Sec. 14-119. Amount of widow's annuity.
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8 | (a) The
The widow's annuity shall be 50% of the amount of | ||||||||||||||||||||||||
9 | retirement annuity
payable to the member on the date of death | ||||||||||||||||||||||||
10 | while on retirement if an
annuitant, or on the date of his | ||||||||||||||||||||||||
11 | death while in service if an employee,
regardless of his age on | ||||||||||||||||||||||||
12 | such date, or on the date of withdrawal if death
occurred after | ||||||||||||||||||||||||
13 | termination of service under the conditions prescribed in
the | ||||||||||||||||||||||||
14 | preceding Section. | ||||||||||||||||||||||||
15 | (b) If an eligible widow, regardless of age, has in her | ||||||||||||||||||||||||
16 | care any
unmarried child or children of the member under age 18 | ||||||||||||||||||||||||
17 | (under age 22 if a
full-time student), the widow's
annuity | ||||||||||||||||||||||||
18 | shall be increased in the amount of 5% of the retirement | ||||||||||||||||||||||||
19 | annuity
for each such child, but the combined payments for a | ||||||||||||||||||||||||
20 | widow and
children shall not exceed 66 2/3% of the member's | ||||||||||||||||||||||||
21 | earned
retirement annuity.
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22 | The amount of retirement annuity from which the widow's
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23 | annuity is derived shall be that earned by the member without |
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1 | regard to
whether he attained age 60 prior to his withdrawal | ||||||
2 | under the conditions
stated or prior to his death.
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3 | (c) Marriage of a child shall render the child ineligible | ||||||
4 | for further
consideration in the increase in the amount of the | ||||||
5 | widow's annuity.
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6 | Attainment of age 18 (age 22 if a full-time student)
shall | ||||||
7 | render a child ineligible for
further consideration in the | ||||||
8 | increase of the widow's annuity, but the
annuity to the widow | ||||||
9 | shall be continued thereafter, without regard to
her age at | ||||||
10 | that time.
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11 | (d) A widow's annuity payable on account of any covered | ||||||
12 | employee who
shall have been a covered employee for at least 18 | ||||||
13 | months shall be reduced
by 1/2 of the amount of survivors | ||||||
14 | benefits to which his beneficiaries are
eligible under the | ||||||
15 | provisions of the Federal Social Security Act, except
that (1) | ||||||
16 | the amount of any widow's annuity payable under this Article | ||||||
17 | shall
not be reduced by reason of any increase under that Act | ||||||
18 | which occurs after
the offset required by this subsection is | ||||||
19 | first applied to that annuity,
and (2) for benefits granted on | ||||||
20 | or after January 1, 1992, the offset under
this subsection (d) | ||||||
21 | shall not exceed 50% of the amount of widow's annuity
otherwise | ||||||
22 | payable.
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23 | (e) Upon the death of a recipient of a widow's annuity the | ||||||
24 | excess, if
any, of the member's accumulated contributions plus | ||||||
25 | credited interest over
all annuity payments to the member and | ||||||
26 | widow, exclusive of the $500 lump
sum payment, shall be paid to |
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1 | the named beneficiary of the widow, or if
none has been named, | ||||||
2 | to the estate of the widow, provided no reversionary
annuity is | ||||||
3 | payable.
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4 | (f) On January 1, 1981, any recipient of a widow's annuity | ||||||
5 | who was receiving
a widow's annuity on or before January 1, | ||||||
6 | 1971, shall have her widow's annuity
then being paid increased | ||||||
7 | by 1% for each full year which has elapsed from
the date the | ||||||
8 | widow's annuity began. On January 1, 1982, any recipient
of a | ||||||
9 | widow's annuity who began receiving a widow's annuity after | ||||||
10 | January
1, 1971, but before January 1, 1981, shall have her | ||||||
11 | widow's annuity then
being paid increased by 1% for each full | ||||||
12 | year which has elapsed from the
date the widow's annuity began. | ||||||
13 | On January 1, 1987, any recipient of a
widow's annuity who | ||||||
14 | began receiving the widow's annuity on or before January
1, | ||||||
15 | 1977, shall have the monthly widow's annuity increased by $1
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16 | for each full year which has elapsed since the date the
annuity | ||||||
17 | began.
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18 | (g) Beginning January 1, 1990, every widow's annuity shall | ||||||
19 | be
increased (1) on each January 1 occurring on or after the | ||||||
20 | commencement
of the annuity if the deceased member died while | ||||||
21 | receiving a retirement
annuity, or (2) in other cases, on each | ||||||
22 | January 1 occurring on or after
the first anniversary of the | ||||||
23 | commencement of the annuity, by an amount
equal to 3% of the | ||||||
24 | current amount of the annuity, including any previous
increases | ||||||
25 | under this Article. Such increases shall apply without regard | ||||||
26 | to
whether the deceased member was in service on or after the |
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1 | effective date
of Public Act 86-1488, but shall not accrue for | ||||||
2 | any period prior to January
1, 1990.
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3 | (Source: P.A. 95-279, eff. 1-1-08.)
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