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Illinois General Assembly· SB 2802Governor Approved

PEN CD-IMRF-DEATH BENEFIT, the official text

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SB2802 Enrolled                     LRB104 17391 RPS 30816 b

1   AN ACT concerning public employee benefits.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Illinois Pension Code is amended by

5 changing Sections 7-132, 7-158, 7-164, 7-172, 7-205, and 7-206

6 as follows:

7   (40 ILCS 5/7-132) (from Ch. 108 1/2, par. 7-132)

8   Sec. 7-132. Municipalities, instrumentalities and

9 participating instrumentalities included and effective dates.

10 (A) Municipalities and their instrumentalities.

11  (a) The following described municipalities, but not

12 including any with more than 1,000,000 inhabitants, and the

13 instrumentalities thereof, shall be included within and be

14 subject to this Article beginning upon the effective dates

15 specified by the Board:

16  (1) Except as to the municipalities and

17  instrumentalities thereof specifically excluded under this

18  Article, every county shall be subject to this Article,

19  and all cities, villages and incorporated towns having a

20  population in excess of 5,000 inhabitants as determined by

21  the last preceding decennial or subsequent federal census,

22  shall be subject to this Article following publication of

23  the census by the Bureau of the Census. Within 90 days
    SB2802 Enrolled  -2-          LRB104 17391 RPS 30816 b

1   after publication of the census, the Board shall notify

2   any municipality that has become subject to this Article

3   as a result of that census, and shall provide information

4   to the corporate authorities of the municipality

5   explaining the duties and consequences of participation.

6   The notification shall also include a proposed date upon

7   which participation by the municipality will commence.

8   However, for any city, village or incorporated town

9   that attains a population over 5,000 inhabitants after

10  having provided social security coverage for its employees

11  under the Social Security Enabling Act, participation

12  under this Article shall not be mandatory but may be

13  elected in accordance with subparagraph (3) or (4) of this

14  paragraph (a), whichever is applicable.

15  (2) School districts, other than those specifically

16  excluded under this Article, shall be subject to this

17  Article, without election, with respect to all employees

18  thereof.

19  (3) Towns and all other bodies politic and corporate

20  which are formed by vote of, or are subject to control by,

21  the electors in towns and are located in towns which are

22  not participating municipalities on the effective date of

23  this Act, may become subject to this Article by election

24  pursuant to Section 7-132.1.

25  (4) Any other municipality (together with its

26  instrumentalities), other than those specifically excluded
    SB2802 Enrolled          -3-  LRB104 17391 RPS 30816 b

1   from participation and those described in paragraph (3)

2   above, may elect to be included either by referendum under

3   Section 7-134 or by the adoption of a resolution or

4   ordinance by its governing body. A copy of such resolution

5   or ordinance duly authenticated and certified by the clerk

6   of the municipality or other appropriate official of its

7   governing body shall constitute the required notice to the

8   board of such action.

9   (b) A municipality that is about to begin participation

10 shall submit to the Board an application to participate, in a

11 form acceptable to the Board, not later than 90 days prior to

12 the proposed effective date of participation. The Board shall

13 act upon the application within 90 days, and if it finds that

14 the application is in conformity with its requirements and the

15 requirements of this Article, participation by the applicant

16 shall commence on a date acceptable to the municipality and

17 specified by the Board, but in no event more than one year from

18 the date of application.

19  (c) A participating municipality which succeeds to the

20 functions of a participating municipality which is dissolved

21 or terminates its existence shall assume and be transferred

22 the net accumulation balance in the municipality reserve and

23 the municipality account receivable balance of the terminated

24 municipality.

25  (d) In the case of a Veterans Assistance Commission whose

26 employees were being treated by the Fund on January 1, 1990 as
    SB2802 Enrolled  -4-                LRB104 17391 RPS 30816 b

1 employees of the county served by the Commission, the Fund may
2 continue to treat the employees of the Veterans Assistance
3 Commission as county employees for the purposes of this
4 Article, unless the Commission becomes a participating
5 instrumentality in accordance with subsection (B) of this
6 Section.

7 (B) Participating instrumentalities.

8   (a) The participating instrumentalities designated in

9 paragraph (b) of this subsection shall be included within and

10 be subject to this Article if:

11  (1) an application to participate, in a form

12  acceptable to the Board and adopted by a two-thirds vote

13  of the governing body, is presented to the Board not later

14  than 90 days prior to the proposed effective date; and

15  (2) the Board finds that the application is in

16  conformity with its requirements, that the applicant has

17  reasonable expectation to continue as a political entity

18  for a period of at least 10 years and has the prospective

19  financial capacity to meet its current and future

20  obligations to the Fund, and that the actuarial soundness

21  of the Fund may be reasonably expected to be unimpaired by

22  approval of participation by the applicant.

23  The Board shall notify the applicant of its findings

24 within 90 days after receiving the application, and if the

25 Board approves the application, participation by the applicant
    SB2802 Enrolled         -5-       LRB104 17391 RPS 30816 b

1 shall commence on the effective date specified by the Board.

2   (b) The following participating instrumentalities, so long

3 as they meet the requirements of Section 7-108 and the area

4 served by them or within their jurisdiction is not located

5 entirely within a municipality having more than one million

6 inhabitants, may be included hereunder:

7   i. Township School District Trustees.

8   ii. Multiple County and Consolidated Health

9   Departments created under Division 5-25 of the Counties

10  Code or its predecessor law.

11  iii. Public Building Commissions created under the

12  Public Building Commission Act, and located in counties of

13  less than 1,000,000 inhabitants.

14  iv. A multitype, consolidated or cooperative library

15  system created under the Illinois Library System Act. Any

16  library system created under the Illinois Library System

17  Act that has one or more predecessors that participated in

18  the Fund may participate in the Fund upon application. The

19  Board shall establish procedures for implementing the

20  transfer of rights and obligations from the predecessor

21  system to the successor system.

22  v. Regional Planning Commissions created under

23  Division 5-14 of the Counties Code or its predecessor law.

24  vi. Local Public Housing Authorities created under the

25  Housing Authorities Act, located in counties of less than

26  1,000,000 inhabitants.
    SB2802 Enrolled      -6-          LRB104 17391 RPS 30816 b

1   vii. Illinois Municipal League.

2   viii. Northeastern Illinois Metropolitan Area Planning

3   Commission.

4   ix. Southwestern Illinois Metropolitan Area Planning

5   Commission.

6   x. Illinois Association of Park Districts.

7   xi. Illinois Supervisors, County Commissioners and

8   Superintendents of Highways Association.

9   xii. Tri-City Regional Port District.

10  xiii. An association, or not-for-profit corporation,

11  membership in which is authorized under Section 85-15 of

12  the Township Code.

13  xiv. Drainage Districts operating under the Illinois

14  Drainage Code.

15  xv. Local mass transit districts created under the

16  Local Mass Transit District Act.

17  xvi. Soil and water conservation districts created

18  under the Soil and Water Conservation Districts Law.

19  xvii. Commissions created to provide water supply or

20  sewer services or both under Division 135, Division 135.5,

21  or Division 136 of Article 11 of the Illinois Municipal

22  Code.

23  xviii. Public water districts created under the Public

24  Water District Act.

25  xix. Veterans Assistance Commissions established under

26  Section 9 of the Military Veterans Assistance Act that
    SB2802 Enrolled       -7-  LRB104 17391 RPS 30816 b

1   serve counties with a population of less than 1,000,000.

2   xx. The governing body of an entity, other than a

3   vocational education cooperative, created under an

4   intergovernmental cooperative agreement established

5   between participating municipalities under the

6   Intergovernmental Cooperation Act, which by the terms of

7   the agreement is the employer of the persons performing

8   services under the agreement under the usual common law

9   rules determining the employer-employee relationship. The

10  governing body of such an intergovernmental cooperative

11  entity established prior to July 1, 1988 may make

12  participation retroactive to the effective date of the

13  agreement and, if so, the effective date of participation

14  shall be the date the required application is filed with

15  the fund. If any such entity is unable to pay the required

16  employer contributions to the fund, then the participating

17  municipalities shall make payment of the required

18  contributions and the payments shall be allocated as

19  provided in the agreement or, if not so provided, equally

20  among them.

21  xxi. The Illinois Municipal Electric Agency.

22  xxii. The Waukegan Port District.

23  xxiii. The Fox Waterway Agency created under the Fox

24  Waterway Agency Act.

25  xxiv. The Illinois Municipal Gas Agency.

26  xxv. The Kaskaskia Regional Port District.
    SB2802 Enrolled         -8-  LRB104 17391 RPS 30816 b

1   xxvi. The Southwestern Illinois Development Authority.

2   xxvii. The Cairo Public Utility Company.

3   xxviii. Except with respect to employees who elect to

4   participate in the State Employees' Retirement System of

5   Illinois under Section 14-104.13 of this Code, the Chicago

6   Metropolitan Agency for Planning created under the

7   Regional Planning Act, provided that, with respect to the

8   benefits payable pursuant to Sections 7-146, 7-150, and

9   7-164 and the requirement that eligibility for such

10  benefits is conditional upon satisfying a minimum period

11  of service or a minimum contribution, any employee of the

12  Chicago Metropolitan Agency for Planning that was

13  immediately prior to such employment an employee of the

14  Chicago Area Transportation Study or the Northeastern

15  Illinois Planning Commission, such employee's service at

16  the Chicago Area Transportation Study or the Northeastern

17  Illinois Planning Commission and contributions to the

18  State Employees' Retirement System of Illinois established

19  under Article 14 and the Illinois Municipal Retirement

20  Fund shall count towards the satisfaction of such

21  requirements.

22  xxix. United Counties Council (formerly the Urban

23  Counties Council), but only if the Council has a ruling

24  from the United States Internal Revenue Service that it is

25  a governmental entity.

26  xxx. The Will County Governmental League, but only if
    SB2802 Enrolled  -9-                LRB104 17391 RPS 30816 b

1   the League has a ruling from the United States Internal

2   Revenue Service that it is a governmental entity.

3   xxxi. The Firefighters' Pension Investment Fund.

4   xxxii. The Police Officers' Pension Investment Fund.

5   xxxiii. The Joliet Regional Port District.

6   (c) The governing boards of special education joint

7 agreements created under Section 10-22.31 of the School Code

8 without designation of an administrative district shall be

9 included within and be subject to this Article as

10 participating instrumentalities when the joint agreement

11 becomes effective. However, the governing board of any such

12 special education joint agreement in effect before September

13 5, 1975 shall not be subject to this Article unless the joint

14 agreement is modified by the school districts to provide that

15 the governing board is subject to this Article, except as

16 otherwise provided by this Section.

17  The governing board of the Special Education District of

18 Lake County shall become subject to this Article as a

19 participating instrumentality on July 1, 1997. Notwithstanding

20 subdivision (a)1 of Section 7-139, on the effective date of

21 participation, employees of the governing board of the Special

22 Education District of Lake County shall receive creditable

23 service for their prior service with that employer, up to a

24 maximum of 5 years, without any employee contribution.

25 Employees may establish creditable service for the remainder

26 of their prior service with that employer, if any, by applying
    SB2802 Enrolled  - 10 - LRB104 17391 RPS 30816 b

1 in writing and paying an employee contribution in an amount

2 determined by the Fund, based on the employee contribution

3 rates in effect at the time of application for the creditable

4 service and the employee's salary rate on the effective date

5 of participation for that employer, plus interest at the

6 effective rate from the date of the prior service to the date

7 of payment. Application for this creditable service must be

8 made before July 1, 1998; the payment may be made at any time

9 while the employee is still in service. The employer may elect

10 to make the required contribution on behalf of the employee.

11  The governing board of a special education joint agreement

12 created under Section 10-22.31 of the School Code for which an

13 administrative district has been designated, if there are

14 employees of the cooperative educational entity who are not

15 employees of the administrative district, may elect to

16 participate in the Fund and be included within this Article as

17 a participating instrumentality, subject to such application

18 procedures and rules as the Board may prescribe.

19  The Boards of Control of cooperative or joint educational

20 programs or projects created and administered under Section

21 3-15.14 of the School Code, whether or not the Boards act as

22 their own administrative district, shall be included within

23 and be subject to this Article as participating

24 instrumentalities when the agreement establishing the

25 cooperative or joint educational program or project becomes

26 effective.
   SB2802 Enrolled  - 11 - LRB104 17391 RPS 30816 b

1  The governing board of a special education joint agreement

2 entered into after June 30, 1984 and prior to September 17,

3 1985 which provides for representation on the governing board

4 by less than all the participating districts shall be included

5 within and subject to this Article as a participating

6 instrumentality. Such participation shall be effective as of

7 the date the joint agreement becomes effective.

8  The governing boards of educational service centers

9 established under Section 2-3.62 of the School Code shall be

10 included within and subject to this Article as participating

11 instrumentalities. The governing boards of vocational

12 education cooperative agreements created under the

13 Intergovernmental Cooperation Act and approved by the State

14 Board of Education shall be included within and be subject to

15 this Article as participating instrumentalities. If any such

16 governing boards or boards of control are unable to pay the

17 required employer contributions to the fund, then the school

18 districts served by such boards shall make payment of required

19 contributions as provided in Section 7-172. The payments shall

20 be allocated among the several school districts in proportion

21 to the number of students in average daily attendance for the

22 last full school year for each district in relation to the

23 total number of students in average attendance for such period

24 for all districts served. If such educational service centers,

25 vocational education cooperatives or cooperative or joint

26 educational programs or projects created and administered
    SB2802 Enrolled     - 12 - LRB104 17391 RPS 30816 b

1 under Section 3-15.14 of the School Code are dissolved, the

2 assets and obligations shall be distributed among the

3 districts in the same proportions unless otherwise provided.

4   The governing board of Paris Cooperative High School shall

5 be included within and be subject to this Article as a

6 participating instrumentality on the effective date of this

7 amendatory Act of the 96th General Assembly. If the governing

8 board of Paris Cooperative High School is unable to pay the

9 required employer contributions to the fund, then the school

10 districts served shall make payment of required contributions

11 as provided in Section 7-172. The payments shall be allocated

12 among the several school districts in proportion to the number

13 of students in average daily attendance for the last full

14 school year for each district in relation to the total number

15 of students in average attendance for such period for all

16 districts served. If Paris Cooperative High School is

17 dissolved, then the assets and obligations shall be

18 distributed among the districts in the same proportions unless

19 otherwise provided.

20  The Philip J. Rock Center and School shall be included

21 within and be subject to this Article as a participating

22 instrumentality on the effective date of this amendatory Act

23 of the 97th General Assembly. The Philip J. Rock Center and

24 School shall certify to the Fund the dates of service of all

25 employees within 90 days of the effective date of this

26 amendatory Act of the 97th General Assembly. The Fund shall
    SB2802 Enrolled  - 13 - LRB104 17391 RPS 30816 b

1 transfer to the IMRF account of the Philip J. Rock Center and

2 School all creditable service and all employer contributions

3 made on behalf of the employees for service at the Philip J.

4 Rock Center and School that were reported and paid to IMRF by

5 another employer prior to this date. If the Philip J. Rock

6 Center and School is unable to pay the required employer

7 contributions to the Fund, then the amount due will be paid by

8 all employers as defined in item (2) of paragraph (a) of

9 subsection (A) of this Section. The payments shall be

10 allocated among these employers in proportion to the number of

11 students in average daily attendance for the last full school

12 year for each district in relation to the total number of

13 students in average attendance for such period for all

14 districts. If the Philip J. Rock Center and School is

15 dissolved, then its IMRF assets and obligations shall be

16 distributed in the same proportions unless otherwise provided.

17  Financial Oversight Panels established under Article 1H of

18 the School Code shall be included within and be subject to this

19 Article as a participating instrumentality on the effective

20 date of this amendatory Act of the 97th General Assembly. If

21 the Financial Oversight Panel is unable to pay the required

22 employer contributions to the fund, then the school districts

23 served shall make payment of required contributions as

24 provided in Section 7-172. If the Financial Oversight Panel is

25 dissolved, then the assets and obligations shall be

26 distributed to the district served.
    SB2802 Enrolled       - 14 - LRB104 17391 RPS 30816 b

1   (d) The governing boards of special recreation joint

2 agreements created under Section 8-10b of the Park District

3 Code, operating without designation of an administrative

4 district or an administrative municipality appointed to

5 administer the program operating under the authority of such

6 joint agreement shall be included within and be subject to

7 this Article as participating instrumentalities when the joint

8 agreement becomes effective. However, the governing board of

9 any such special recreation joint agreement in effect before

10 January 1, 1980 shall not be subject to this Article unless the

11 joint agreement is modified, by the districts and

12 municipalities which are parties to the agreement, to provide

13 that the governing board is subject to this Article.

14  If the Board returns any employer and employee

15 contributions to any employer which erroneously submitted such

16 contributions on behalf of a special recreation joint

17 agreement, the Board shall include interest computed from the

18 end of each year to the date of payment, not compounded, at the

19 rate of 7% per annum.

20  (e) Each multi-township assessment district, the board of

21 trustees of which has adopted this Article by ordinance prior

22 to April 1, 1982, shall be a participating instrumentality

23 included within and subject to this Article effective December

24 1, 1981. The contributions required under Section 7-172 shall

25 be included in the budget prepared under and allocated in

26 accordance with Section 2-30 of the Property Tax Code.
    SB2802 Enrolled      - 15 - LRB104 17391 RPS 30816 b

1   (f) The Illinois Medical District Commission created under

2 the Illinois Medical District Act may be included within and

3 subject to this Article as a participating instrumentality,

4 notwithstanding that the location of the District is entirely

5 within the City of Chicago. To become a participating

6 instrumentality, the Commission must apply to the Board in the

7 manner set forth in paragraph (a) of this subsection (B). If

8 the Board approves the application, under the criteria and

9 procedures set forth in paragraph (a) and any other applicable

10 rules, criteria, and procedures of the Board, participation by

11 the Commission shall commence on the effective date specified

12 by the Board.

13 (C) Prospective participants. Beginning January 1, 1992, each
14 prospective participating municipality or participating
15 instrumentality shall pay to the Fund the cost, as determined
16 by the Board, of a study prepared by the Fund or its actuary,
17 detailing the prospective costs of participation in the Fund
18 to be expected by the municipality or instrumentality.
19 (Source: P.A. 104-284, eff. 8-15-25.)

20  (40 ILCS 5/7-158) (from Ch. 108 1/2, par. 7-158)

21  Sec. 7-158. Surviving spouse annuities; options annuities

22 - Options. In lieu of the surviving spouse annuity an eligible

23 surviving spouse shall have the option of receiving other

24 benefits as follows:
    SB2802 Enrolled          - 16 - LRB104 17391 RPS 30816 b

1   1. The surviving spouse of a participating employee may

2 elect to receive either a single sum death benefit or a

3 surviving spouse annuity and the $8,000 ($3,000 for those who

4 first retired prior to the effective date of this amendatory

5 Act of the 104th General Assembly) $3,000 death benefit

6 provided in Sections 7-163 and 7-164.

7   2. The surviving spouse of an employee, who has separated

8 from service and would have been entitled to a retirement

9 annuity on date of death, may elect to receive either a single

10 sum death benefit or a surviving spouse annuity and the $8,000

11 ($3,000 for those who first retired prior to the effective

12 date of this amendatory Act of the 104th General Assembly)

13 $3,000 death benefit provided in Sections 7-163 and 7-164.

14  3. If any surviving spouse annuity is payable prior to the

15 earliest age at which the recipient will become eligible for a

16 widows' or widowers' insurance benefit under the Federal

17 Social Security Act, the recipient may elect that the annuity

18 payments from this fund shall exceed those payable after

19 attaining such age by an amount not in excess of the estimated

20 Social Security Benefit, determined as of the effective date

21 of the surviving spouse annuity, provided that in no case

22 shall the total annuity payments made by this fund exceed in

23 actuarial value the annuity which would have been paid had no

24 such election been made.

25  4. The surviving spouse of a participating employee, whose

26 annuity was suspended upon return to employment and who had
    SB2802 Enrolled        - 17 - LRB104 17391 RPS 30816 b

1 one year or more of service after his return, may apply the

2 additional service credits to a supplemental surviving spouse

3 annuity and receive the $8,000 ($3,000 for those who first

4 retired prior to the effective date of this amendatory Act of

5 the 104th General Assembly) $3,000 death benefit or apply the

6 additional service credits to a single sum death benefit and

7 forego the $8,000 ($3,000 for those who first retired prior to

8 the effective date of this amendatory Act of the 104th General

9 Assembly) $3,000 death benefit payable upon the death of an

10 annuitant.

11  5. The surviving spouse of a participating employee, whose

12 annuity was suspended upon return to employment and who had

13 less than one year of service after his return, shall have the

14 additional service credits applied towards a supplemental

15 surviving spouse annuity and shall receive the $8,000 ($3,000

16 for those who first retired prior to the effective date of this

17 amendatory Act of the 104th General Assembly) $3,000 death

18 benefit.

19 (Source: P.A. 85-941.)

20  (40 ILCS 5/7-164) (from Ch. 108 1/2, par. 7-164)

21  Sec. 7-164. Death benefits; amount benefits - Amount. The

22 amount of the death benefit shall be:

23  1. Upon the death of an employee with at least one year

24  of service occurring while in an employment relationship

25  (including employees drawing disability benefits) with a
    SB2802 Enrolled  - 18 - LRB104 17391 RPS 30816 b

1   participating    municipality          or  participating

2   instrumentality, an amount equal to the sum of:

3   (a) The employee's normal, additional and

4   survivor credits, including interest credited thereto

5   through the end of the preceding calendar year, but

6   excluding credits and interest thereon allowed for

7   periods of disability.

8   (b) An amount equal to the employee's annual

9   final rate of earnings. An employee who dies as a

10  result of injuries connected with his duties shall be

11  considered to have a year of service for purposes of

12  this benefit.

13  2. Upon the death of an employee with less than 1 year

14  of service occurring while in the service of any

15  participating municipality or instrumentality, an amount

16  equal to the sum of his accumulated normal, additional and

17  survivor credits on the date of death, excluding those

18  credits and interest thereon allowed during periods of

19  disability.

20  3. Upon the death of an employee who has separated

21  from service and was not entitled to a retirement annuity

22  on the date of death, an amount equal to the sum of his

23  accumulated normal, survivor and additional credits on the

24  date of death excluding those credits and interest thereon

25  allowed during periods of disability.

26  4. Upon the death of an employee in an employment
    SB2802 Enrolled    - 19 - LRB104 17391 RPS 30816 b

1   relationship, or an employee who has service and was

2   entitled to a retirement annuity on the date of death,

3   when a surviving spouse or child annuity is awarded,

4   $8,000 ($3,000 for those who first retired prior to the

5   effective date of this amendatory Act of the 104th General

6   Assembly) $3,000.

7   5. Upon the death of an employee, who has separated

8   from service and was entitled to a retirement annuity on

9   the date of death, and no surviving spouse or child

10  annuity is awarded, $8,000 ($3,000 for those who first

11  retired prior to the effective date of this amendatory Act

12  of the 104th General Assembly) $3,000 plus an amount equal

13  to his accumulated normal, survivor and additional credits

14  on the date of death, excluding those credits and interest

15  earned thereon allowed during periods of disability.

16  6. Upon the death of an employee annuitant, $8,000

17  ($3,000 for those who first retired prior to the effective

18  date of this amendatory Act of the 104th General Assembly)

19  $3,000 and, unless a surviving spouse, child or

20  reversionary annuity is payable, the sum of (i) the excess

21  of the normal and survivor credits, excluding those

22  allowed during periods of disability, which the annuitant

23  had as of the effective date of his annuity over the total

24  annuities paid pursuant to paragraph (a) 1 of Section

25  7-142 to the date of death, plus (ii) the excess of the

26  additional credits, excluding any such credits used to
    SB2802 Enrolled        - 20 - LRB104 17391 RPS 30816 b

1   create a reversionary annuity, used to provide the annuity

2   granted pursuant to paragraph (a) 2 of Section 7-142 over

3   the total annuity payments made pursuant thereto to the

4   time of death.

5   7. Upon the death of an annuitant receiving a

6   reversionary annuity or of a person designated to receive

7   a reversionary annuity prior to the receipt of such

8   annuity the sum of the additional credits of the person

9   creating the reversionary annuity as of the effective date

10  of his own retirement annuity over the reversionary

11  annuity payments, if any, made prior to the date of death

12  of such annuitant or person designated to receive the

13  reversionary annuity.

14  8. Upon the death of an annuitant receiving a

15  beneficiary annuity which was effective before January 1,

16  1986, the excess of the death benefit which was used to

17  provide the annuity, over the sum of all annuity payments

18  made to the beneficiary. Upon the death of an annuitant

19  receiving a beneficiary annuity effective January 1, 1986

20  or thereafter, the sum of (i) the excess of the normal and

21  survivor credits, excluding those allowed during periods

22  of disability, which the annuitant had as of the effective

23  date of his annuity over the total annuities paid pursuant

24  to paragraph (c) of Section 7-165, to date of death, plus

25  (ii) the excess of the additional credits, excluding any

26  such credits used to create a reversionary annuity, used
    SB2802 Enrolled  - 21 - LRB104 17391 RPS 30816 b

1   to provide the annuity granted pursuant to paragraph (d)

2   of Section 7-165 over the total annuity payments made

3   pursuant thereto to the time of death.

4   9. Upon the marriage prior to reaching age 55 (except

5   for a surviving spouse who remarries after December 31,

6   2000) or death of a person receiving a surviving spouse

7   annuity, unless a child annuity is payable, the sum of (i)

8   the excess of the normal and survivor credits, excluding

9   those credits and interest thereon allowed during periods

10  of disability, attributable to the employee at the

11  effective date of the annuity or date of death, whichever

12  first occurred, over the total of all annuity payments

13  attributable to paragraph (a) 1 of Section 7-142 made to

14  the employee or surviving spouse plus (ii) the excess of

15  the additional credits, excluding any such credits used to

16  create a reversionary annuity or used to provide the

17  annuity attributable to paragraph (a) 2 of Section 7-142

18  over the total of such payments.

19  10. Upon the marriage, death or attainment of age 18

20  of a child receiving a child annuity, if no other child

21  annuities are payable, the sum of (i) the excess of the

22  normal and survivor credits excluding those credits and

23  interest thereon allowed during periods of disability, of

24  the employee at the effective date of the annuity or date

25  of death, whichever first occurred, over the total annuity

26  payments attributable to paragraph (a) 1 of Section 7-142
    SB2802 Enrolled  - 22 - LRB104 17391 RPS 30816 b

1   made to the employee, surviving spouse and children plus

2   (ii) the excess of the additional credits, excluding any

3   such credits used to create a reversionary annuity, used

4   to provide the annuity attributable to paragraph (a) 2 of

5   Section 7-142 over the total annuity payments made to the

6   employee, surviving spouse and children, pursuant thereto.

7   11. Upon the death of the participating employee whose

8   annuity was suspended upon his return to employment:

9   a. If a surviving spouse or child annuity is

10  awarded, $8,000 ($3,000 for those who first retired

11  prior to the effective date of this amendatory Act of

12  the 104th General Assembly) $3,000;

13  b. If no surviving spouse or child annuity is

14  awarded and he had less than one year's service upon

15  return, $8,000 ($3,000 for those who first retired

16  prior to the effective date of this amendatory Act of

17  the 104th General Assembly) $3,000 plus the excess of

18  the normal, survivor and additional credits, including

19  interest thereon, but excluding those allowed during a

20  period of disability, at the effective date of the

21  suspended annuity, plus those allowed after his

22  return, over all annuity payments made to the

23  employee;

24  c. If no surviving spouse or child annuity is

25  awarded and he has one year or more of service upon

26  return, the higher of (a) the payment under
    SB2802 Enrolled  - 23 - LRB104 17391 RPS 30816 b

1   subparagraph b of this paragraph or (b) the payment

2   under paragraph 1 of this Section, taking into

3   consideration only the service and credits allowed

4   after his return, plus the excess of the normal,

5   survivor and additional credits, including interest

6   thereon, excluding those allowed during periods of

7   disability, at the effective date of his suspended

8   annuity over all annuity payments made to the

9   employee.

10  12. The $8,000 ($3,000 for those who first retired prior

11 to the effective date of this amendatory Act of the 104th

12 General Assembly) $3,000 death benefit provided in paragraphs

13 4 and 6 shall not be payable to beneficiaries of persons who

14 terminated service prior to September 8, 1971, unless the

15 payment or agreement for payment provided by Section 7-144.2

16 of this Article is made prior to the date of death.

17  13. The increase in certain death benefits from $1,000 to

18 $3,000 provided by this amendatory Act of 1987 shall apply

19 only to deaths occurring on or after January 1, 1988.

20  The increase in certain death benefits from $3,000 to

21 $8,000 provided by this amendatory Act of the 104th General

22 Assembly shall apply only to deaths occurring on or after

23 January 1, 2027.

24 (Source: P.A. 91-887, eff. 7-6-00.)

25  (40 ILCS 5/7-172) (from Ch. 108 1/2, par. 7-172)
    SB2802 Enrolled  - 24 - LRB104 17391 RPS 30816 b

1   Sec. 7-172. Contributions by participating municipalities

2 and participating instrumentalities.

3   (a) Each participating municipality and each participating

4 instrumentality shall make payment to the fund as follows:

5   1. municipality contributions in an amount determined

6   by applying the municipality contribution rate to each

7   payment of earnings paid to each of its participating

8   employees;

9   2. an amount equal to the employee contributions

10  provided by paragraph (a) of Section 7-173, whether or not

11  the employee contributions are withheld as permitted by

12  that Section;

13  3. all accounts receivable, together with interest

14  charged thereon, as provided in Section 7-209, and any

15  amounts due under subsection (a-5) of Section 7-144;

16  4. if it has no participating employees with current

17  earnings, an amount payable which, over a closed period of

18  20 years for participating municipalities and 10 years for

19  participating instrumentalities, will amortize, at the

20  effective rate for that year, any unfunded obligation. The

21  unfunded obligation shall be computed as provided in

22  paragraph 2 of subsection (b);

23  5. if it has fewer than 7 participating employees or a

24  negative balance in its municipality reserve, the greater

25  of (A) an amount payable that, over a period of 20 years,

26  will amortize at the effective rate for that year any
    SB2802 Enrolled  - 25 - LRB104 17391 RPS 30816 b

1   unfunded obligation, computed as provided in paragraph 2

2   of subsection (b) or (B) the amount required by paragraph

3   1 of this subsection (a).

4   (b) A separate municipality contribution rate shall be

5 determined for each calendar year for all participating

6 municipalities together with all instrumentalities thereof.

7 The municipality contribution rate shall be determined for

8 participating instrumentalities as if they were participating

9 municipalities. The municipality contribution rate shall be

10 the sum of the following percentages:

11  1. The percentage of earnings of all the participating

12  employees of all participating municipalities and

13  participating instrumentalities which, if paid over the

14  entire period of their service, will be sufficient when

15  combined with all employee contributions available for the

16  payment of benefits, to provide all annuities for

17  participating employees, and the $8,000 ($3,000 for those

18  who first retired prior to the effective date of this

19  amendatory Act of the 104th General Assembly) $3,000 death

20  benefit payable under Sections 7-158 and 7-164, such

21  percentage to be known as the normal cost rate.

22  2. The percentage of earnings of the participating

23  employees of each participating municipality and

24  participating instrumentalities necessary to adjust for

25  the difference between the present value of all benefits,

26  excluding temporary and total and permanent disability and
    SB2802 Enrolled     - 26 - LRB104 17391 RPS 30816 b

1   death benefits, to be provided for its participating

2   employees and the sum of its accumulated municipality

3   contributions and the accumulated employee contributions

4   and the present value of expected future employee and

5   municipality contributions pursuant to subparagraph 1 of

6   this paragraph (b). This adjustment shall be spread over a

7   period determined by the Board, not to exceed 30 years for

8   participating municipalities or 10 years for participating

9   instrumentalities.

10  3. The percentage of earnings of the participating

11  employees of all municipalities and participating

12  instrumentalities necessary to provide the present value

13  of all temporary and total and permanent disability

14  benefits granted during the most recent year for which

15  information is available.

16  4. The percentage of earnings of the participating

17  employees of all participating municipalities and

18  participating instrumentalities necessary to provide the

19  present value of the net single sum death benefits

20  expected to become payable from the reserve established

21  under Section 7-206 during the year for which this rate is

22  fixed.

23  5. The percentage of earnings necessary to meet any

24  deficiency arising in the Terminated Municipality Reserve.

25  (c) A separate municipality contribution rate shall be

26 computed for each participating municipality or participating
    SB2802 Enrolled  - 27 - LRB104 17391 RPS 30816 b

1 instrumentality for its sheriff's law enforcement employees.

2      A separate municipality contribution rate shall be

3 computed for the sheriff's law enforcement employees of each

4 forest preserve district that elects to have such employees.

5 For the period from January 1, 1986 to December 31, 1986, such

6 rate shall be the forest preserve district's regular rate plus

7 2%.

8      In the event that the Board determines that there is an

9 actuarial deficiency in the account of any municipality with

10 respect to a person who has elected to participate in the Fund

11 under Section 3-109.1 of this Code, the Board may adjust the

12 municipality's contribution rate so as to make up that

13 deficiency over such reasonable period of time as the Board

14 may determine.

15     (d) The Board may establish a separate municipality

16 contribution rate for all employees who are program

17 participants employed under the federal Comprehensive

18 Employment Training Act by all of the participating

19 municipalities and instrumentalities. The Board may also

20 provide that, in lieu of a separate municipality rate for

21 these employees, a portion of the municipality contributions

22 for such program participants shall be refunded or an extra

23 charge assessed so that the amount of municipality

24 contributions retained or received by the fund for all CETA

25 program participants shall be an amount equal to that which

26 would be provided by the separate municipality contribution
    SB2802 Enrolled        - 28 - LRB104 17391 RPS 30816 b

1 rate for all such program participants. Refunds shall be made

2 to prime sponsors of programs upon submission of a claim

3 therefor and extra charges shall be assessed to participating

4 municipalities and instrumentalities. In establishing the

5 municipality contribution rate as provided in paragraph (b) of

6 this Section, the use of a separate municipality contribution

7 rate for program participants or the refund of a portion of the

8 municipality contributions, as the case may be, may be

9 considered.

10  (e) Computations of municipality contribution rates for

11 the following calendar year shall be made prior to the

12 beginning of each year, from the information available at the

13 time the computations are made, and on the assumption that the

14 employees in each participating municipality or participating

15 instrumentality at such time will continue in service until

16 the end of such calendar year at their respective rates of

17 earnings at such time.

18  (f) Any municipality which is the recipient of State

19 allocations representing that municipality's contributions for

20 retirement annuity purposes on behalf of its employees as

21 provided in Section 12-21.16 of the Illinois Public Aid Code

22 shall pay the allocations so received to the Board for such

23 purpose. Estimates of State allocations to be received during

24 any taxable year shall be considered in the determination of

25 the municipality's tax rate for that year under Section 7-171.

26 If a special tax is levied under Section 7-171, none of the
    SB2802 Enrolled  - 29 - LRB104 17391 RPS 30816 b

1 proceeds may be used to reimburse the municipality for the

2 amount of State allocations received and paid to the Board.

3 Any multiple-county or consolidated health department which

4 receives contributions from a county under Section 11.2 of "An

5 Act in relation to establishment and maintenance of county and

6 multiple-county health departments", approved July 9, 1943, as

7 amended, or distributions under Section 3 of the Department of

8 Public Health Act, shall use these only for municipality

9 contributions by the health department.

10  (g) Municipality contributions for the several purposes

11 specified shall, for township treasurers and employees in the

12 offices of the township treasurers who meet the qualifying

13 conditions for coverage hereunder, be allocated among the

14 several school districts and parts of school districts

15 serviced by such treasurers and employees in the proportion

16 which the amount of school funds of each district or part of a

17 district handled by the treasurer bears to the total amount of

18 all school funds handled by the treasurer.

19  From the funds subject to allocation among districts and

20 parts of districts pursuant to the School Code, the trustees

21 shall withhold the proportionate share of the liability for

22 municipality contributions imposed upon such districts by this

23 Section, in respect to such township treasurers and employees

24 and remit the same to the Board.

25  The municipality contribution rate for an educational

26 service center shall initially be the same rate for each year
    SB2802 Enrolled      - 30 - LRB104 17391 RPS 30816 b

1 as the regional office of education or school district which

2 serves as its administrative agent. When actuarial data become

3 available, a separate rate shall be established as provided in

4 subparagraph (i) of this Section.

5   The municipality contribution rate for a public agency,

6 other than a vocational education cooperative, formed under

7 the Intergovernmental Cooperation Act shall initially be the

8 average rate for the municipalities which are parties to the

9 intergovernmental agreement. When actuarial data become

10 available, a separate rate shall be established as provided in

11 subparagraph (i) of this Section.

12  (h) Each participating municipality and participating

13 instrumentality shall make the contributions in the amounts

14 provided in this Section in the manner prescribed from time to

15 time by the Board and all such contributions shall be

16 obligations of the respective participating municipalities and

17 participating instrumentalities to this fund. The failure to

18 deduct any employee contributions shall not relieve the

19 participating municipality or participating instrumentality of

20 its obligation to this fund. Delinquent payments of

21 contributions due under this Section may, with interest, be

22 recovered by civil action against the participating

23 municipalities    or  participating  instrumentalities.

24 Municipality contributions, other than the amount necessary

25 for employee contributions, for periods of service by

26 employees from whose earnings no deductions were made for
    SB2802 Enrolled          - 31 - LRB104 17391 RPS 30816 b

1 employee contributions to the fund, may be charged to the

2 municipality reserve for the municipality or participating

3 instrumentality.

4   (i) Contributions by participating instrumentalities shall

5 be determined as provided herein except that the percentage

6 derived under subparagraph 2 of paragraph (b) of this Section,

7 and the amount payable under subparagraph 4 of paragraph (a)

8 of this Section, shall be based on an amortization period of 10

9 years.

10  (j) Notwithstanding the other provisions of this Section,

11 the additional unfunded liability accruing as a result of

12 Public Act 94-712 shall be amortized over a period of 30 years

13 beginning on January 1 of the second calendar year following

14 the calendar year in which Public Act 94-712 takes effect,

15 except that the employer may provide for a longer amortization

16 period by adopting a resolution or ordinance specifying a

17 35-year or 40-year period and submitting a certified copy of

18 the ordinance or resolution to the fund no later than June 1 of

19 the calendar year following the calendar year in which Public

20 Act 94-712 takes effect.

21  (k) If the amount of a participating employee's reported

22 earnings for any of the 12-month periods used to determine the

23 final rate of earnings exceeds the employee's 12-month

24 reported earnings with the same employer for the previous year

25 by the greater of 6% or 1.5 times the annual increase in the

26 Consumer Price Index-U, as established by the United States
    SB2802 Enrolled  - 32 - LRB104 17391 RPS 30816 b

1 Department of Labor for the preceding September, the

2 participating municipality or participating instrumentality

3 that paid those earnings shall pay to the Fund, in addition to

4 any other contributions required under this Article, the

5 present value of the increase in the pension resulting from

6 the portion of the increase in reported earnings that is in

7 excess of the greater of 6% or 1.5 times the annual increase in

8 the Consumer Price Index-U, as determined by the Fund. This

9 present value shall be computed on the basis of the actuarial

10 assumptions and tables used in the most recent actuarial

11 valuation of the Fund that is available at the time of the

12 computation.

13  Whenever it determines that a payment is or may be

14 required under this subsection (k), the fund shall calculate

15 the amount of the payment and bill the participating

16 municipality or participating instrumentality for that amount.

17 The bill shall specify the calculations used to determine the

18 amount due. If the participating municipality or participating

19 instrumentality disputes the amount of the bill, it may,

20 within 30 days after receipt of the bill, apply to the fund in

21 writing for a recalculation. The application must specify in

22 detail the grounds of the dispute. Upon receiving a timely

23 application for recalculation, the fund shall review the

24 application and, if appropriate, recalculate the amount due.

25 The participating municipality and participating

26 instrumentality contributions required under this subsection
    SB2802 Enrolled  - 33 - LRB104 17391 RPS 30816 b

1 (k) may be paid in the form of a lump sum within 90 days after

2 receipt of the bill. If the participating municipality and

3 participating instrumentality contributions are not paid

4 within 90 days after receipt of the bill, then interest will be

5 charged at a rate equal to the fund's annual actuarially

6 assumed rate of return on investment compounded annually from

7 the 91st day after receipt of the bill. Payments must be

8 concluded within 7 years after receipt of the bill by the

9 participating municipality or participating instrumentality.

10  When assessing payment for any amount due under this

11 subsection (k), the fund shall exclude earnings increases

12 resulting from overload or overtime earnings.

13  When assessing payment for any amount due under this

14 subsection (k), the fund shall exclude earnings increases

15 resulting from payments for unused vacation time, but only for

16 payments for unused vacation time made in the final 3 months of

17 the final rate of earnings period.

18  When assessing payment for any amount due under this

19 subsection (k), the fund shall also exclude earnings increases

20 attributable to standard employment promotions resulting in

21 increased responsibility and workload.

22  When assessing payment for any amount due under this

23 subsection (k), the fund shall exclude reportable earnings

24 increases resulting from periods where the member was paid

25 through workers' compensation.

26  This subsection (k) does not apply to earnings increases
    SB2802 Enrolled  - 34 - LRB104 17391 RPS 30816 b

1 due to amounts paid as required by federal or State law or

2 court mandate or to earnings increases due to the

3 participating employee returning to the regular number of

4 hours worked after having a temporary reduction in the number

5 of hours worked.

6   This subsection (k) does not apply to earnings increases

7 paid to individuals under contracts or collective bargaining

8 agreements entered into, amended, or renewed before January 1,

9 2012 (the effective date of Public Act 97-609), earnings

10 increases paid to members who are 10 years or more from

11 retirement eligibility, or earnings increases resulting from

12 an increase in the number of hours required to be worked.

13  When assessing payment for any amount due under this

14 subsection (k), the fund shall also exclude earnings

15 attributable to personnel policies adopted before January 1,

16 2012 (the effective date of Public Act 97-609) as long as those

17 policies are not applicable to employees who begin service on

18 or after January 1, 2012 (the effective date of Public Act

19 97-609).

20  The change made to this Section by Public Act 100-139 is a

21 clarification of existing law and is intended to be

22 retroactive to January 1, 2012 (the effective date of Public

23 Act 97-609).

24 (Source: P.A. 103-464, eff. 8-4-23; 104-284, eff. 8-15-25.)

25  (40 ILCS 5/7-205) (from Ch. 108 1/2, par. 7-205)
    SB2802 Enrolled      - 35 - LRB104 17391 RPS 30816 b

1   Sec. 7-205. Reserves for annuities. Appropriate reserves

2 shall be created for payment of all annuities granted under

3 this Article at the time such annuities are granted and in

4 amounts determined to be necessary under actuarial tables

5 adopted by the Board upon recommendation of the actuary of the

6 fund. All annuities payable shall be charged to the annuity

7 reserve.

8   1. Amounts credited to annuity reserves shall be derived

9 by transfer of all the employee credits from the appropriate

10 employee reserves and by charges to the municipality reserve

11 of those municipalities in which the retiring employee has

12 accumulated service. If a retiring employee has accumulated

13 service in more than one participating municipality or

14 participating instrumentality, the municipality charges for

15 non-concurrent service shall be calculated as follows:

16  (A) for purposes of calculating the annuity reserve,

17  an annuity will be calculated based on service and

18  adjusted earnings with each employer (without regard to

19  the vesting requirement contained in subsection (a) of

20  Section 7-142); and

21  (B) the difference between the municipality charges

22  for the actual annuity granted and the aggregation of the

23  municipality charges based upon the ratio of each from

24  those calculations to the aggregated total from paragraph

25  (A) of this item 1.

26  Aggregate municipality charges for concurrent service
    SB2802 Enrolled              - 36 - LRB104 17391 RPS 30816 b

1 shall be prorated based on the employee's earnings. The

2 municipality charges for retirement annuities calculated under

3 subparagraph a. of paragraph 1. of subsection (a) of Section

4 7-142 shall be prorated based on actual contributions.

5   2. Supplemental annuities shall be handled as a separate

6 annuity and amounts to be credited to the annuity reserve

7 therefor shall be derived in the same manner as a regular

8 annuity.

9   3. When a retirement annuity is granted to an employee

10 with a spouse eligible for a surviving spouse annuity, there

11 shall be credited to the annuity reserve an amount to fund the

12 cost of both the retirement and surviving spouse annuity as a

13 joint and survivors annuity.

14  4. Beginning January 1, 1989, when a retirement annuity is

15 awarded, an amount equal to the present value of the $8,000

16 ($3,000 for those who first retired prior to the effective

17 date of this amendatory Act of the 104th General Assembly)

18 $3,000 death benefit payable upon the death of the annuitant

19 shall be transferred to the annuity reserve from the

20 appropriate municipality reserves in the same manner as the

21 transfer for annuities.

22  5. All annuity reserves shall be revalued annually as of

23 December 31. Beginning as of December 31, 1973, adjustment

24 required therein by such revaluation shall be charged or

25 credited to the earnings and experience variation reserve.

26  6. There shall be credited to the annuity reserve all of
    SB2802 Enrolled        - 37 - LRB104 17391 RPS 30816 b

1 the payments made by annuitants under Section 7-144.2, plus an

2 additional amount from the earnings and experience variation

3 reserve to fund the cost of the incremental annuities granted

4 to annuitants making these payments.

5   7. As of December 31, 1972, the excess in the annuity

6 reserve shall be transferred to the municipality reserves. An

7 amount equal to the deficiency in the reserve of participating

8 municipalities and participating instrumentalities which have

9 no participating employees shall be allocated to their

10 reserves. The remainder shall be allocated in amounts

11 proportionate to the present value, as of January 1, 1972, of

12 annuities of annuitants of the remaining participating

13 municipalities and participating instrumentalities.

14 (Source: P.A. 97-319, eff. 1-1-12; 97-609, eff. 1-1-12;

15 97-813, eff. 7-13-12.)

16  (40 ILCS 5/7-206) (from Ch. 108 1/2, par. 7-206)

17  Sec. 7-206. Death Reserve. All death benefit payments

18 shall be charged to the Death Reserve, other than the $8,000

19 ($3,000 for those who first retired prior to the effective

20 date of this amendatory Act of the 104th General Assembly)

21 $3,000 death benefits paid after December 31, 1988 upon the

22 death of an annuitant. All contributions for death purposes

23 under Section 7-172(b)4 shall be credited to the same reserve.

24 Whenever the balance in such reserve at the close of a year

25 exceeds 100% of the average annual charges to this account
    SB2802 Enrolled              - 38 - LRB104 17391 RPS 30816 b

1 during the 3 preceding calendar years, the basic actuarial
2 assumptions upon which municipality contribution rates for
3 these purposes are based, shall be reviewed and revised in
4 such manner as is deemed necessary to reduce such balance.
5 (Source: P.A. 89-136, eff. 7-14-95.)

6   Section 90. The State Mandates Act is amended by adding

7 Section 8.50 as follows:

8   (30 ILCS 805/8.50 new)

9   Sec. 8.50. Exempt mandate. Notwithstanding Sections 6 and

10 8 of this Act, no reimbursement by the State is required for

11 the implementation of any mandate created by this amendatory

12 Act of the 104th General Assembly.

13  Section 99. Effective date. This Act takes effect upon

14 becoming law, except that the changes to Sections 7-158,

15 7-164, 7-172, 7-205, and 7-206 of the Illinois Pension Code

16 take effect January 1, 2027.
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