Illinois 2023-2024 Regular Session

Illinois House Bill HB2035 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0523
2	1		HB2035 EnrolledLRB103 25367 RPS 51712 b HB2035 Enrolled LRB103 25367 RPS 51712 b
3	2		HB2035 Enrolled LRB103 25367 RPS 51712 b
4		-	AN ACT concerning public employee benefits.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Pension Code is amended by
8		-	changing Sections 13-309, 13-310, 13-314, and 13-706 and by
9		-	adding Section 13-209.5 as follows:
10		-	(40 ILCS 5/13-209.5 new)
11		-	Sec. 13-209.5. Licensed health care professional.
12		-	"Licensed health care professional" means any individual who
13		-	has obtained a license through the Department of Financial and
14		-	Professional Regulation under the Medical Practice Act of 1987
15		-	or under the Physician Assistant Practice Act of 1987 or an
16		-	advanced practice registered nurse licensed under the Nurse
17		-	Practice Act.
18		-	(40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309)
19		-	Sec. 13-309. Duty disability benefit.
20		-	(a) Any employee who becomes disabled, which disability is
21		-	the result of an injury or illness compensable under the
22		-	Illinois Workers' Compensation Act or the Illinois Workers'
23		-	Occupational Diseases Act, is entitled to a duty disability
24		-	benefit during the period of disability for which the employee
25		-	does not receive any part of salary, or any part of a
	3	+	1 AN ACT concerning public employee benefits.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Pension Code is amended by
	7	+	5 changing Sections 13-309, 13-310, 13-314, and 13-706 and by
	8	+	6 adding Section 13-209.5 as follows:
	9	+	7 (40 ILCS 5/13-209.5 new)
	10	+	8 Sec. 13-209.5. Licensed health care professional.
	11	+	9 "Licensed health care professional" means any individual who
	12	+	10 has obtained a license through the Department of Financial and
	13	+	11 Professional Regulation under the Medical Practice Act of 1987
	14	+	12 or under the Physician Assistant Practice Act of 1987 or an
	15	+	13 advanced practice registered nurse licensed under the Nurse
	16	+	14 Practice Act.
	17	+	15 (40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309)
	18	+	16 Sec. 13-309. Duty disability benefit.
	19	+	17 (a) Any employee who becomes disabled, which disability is
	20	+	18 the result of an injury or illness compensable under the
	21	+	19 Illinois Workers' Compensation Act or the Illinois Workers'
	22	+	20 Occupational Diseases Act, is entitled to a duty disability
	23	+	21 benefit during the period of disability for which the employee
	24	+	22 does not receive any part of salary, or any part of a
26	25
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32		-	retirement annuity under this Article; except that in the case
33		-	of an employee who first enters service on or after June 13,
34		-	1997 and becomes disabled before August 18, 2005 (the
35		-	effective date of Public Act 94-621), a duty disability
36		-	benefit is not payable for the first 3 days of disability that
37		-	would otherwise be payable under this Section if the
38		-	disability does not continue for at least 11 additional days.
39		-	The changes made to this Section by Public Act 94-621 are
40		-	prospective only and do not entitle an employee to a duty
41		-	disability benefit for the first 3 days of any disability that
42		-	occurred before that effective date and did not continue for
43		-	at least 11 additional days. This benefit shall be 75% of
44		-	salary at the date disability begins. However, if the
45		-	disability in any measure resulted from any physical defect or
46		-	disease which existed at the time such injury was sustained or
47		-	such illness commenced, the duty disability benefit shall be
48		-	50% of salary.
49		-	Unless the employer acknowledges that the disability is a
50		-	result of injury or illness compensable under the Workers'
51		-	Compensation Act or the Workers' Occupational Diseases Act,
52		-	the duty disability benefit shall not be payable until the
53		-	issue of compensability under those Acts is finally
54		-	adjudicated. The period of disability shall be as determined
55		-	by the Illinois Workers' Compensation Commission or
56		-	acknowledged by the employer.
57		-	An employee in service before June 13, 1997 shall also
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	33	+	1 retirement annuity under this Article; except that in the case
	34	+	2 of an employee who first enters service on or after June 13,
	35	+	3 1997 and becomes disabled before August 18, 2005 (the
	36	+	4 effective date of Public Act 94-621), a duty disability
	37	+	5 benefit is not payable for the first 3 days of disability that
	38	+	6 would otherwise be payable under this Section if the
	39	+	7 disability does not continue for at least 11 additional days.
	40	+	8 The changes made to this Section by Public Act 94-621 are
	41	+	9 prospective only and do not entitle an employee to a duty
	42	+	10 disability benefit for the first 3 days of any disability that
	43	+	11 occurred before that effective date and did not continue for
	44	+	12 at least 11 additional days. This benefit shall be 75% of
	45	+	13 salary at the date disability begins. However, if the
	46	+	14 disability in any measure resulted from any physical defect or
	47	+	15 disease which existed at the time such injury was sustained or
	48	+	16 such illness commenced, the duty disability benefit shall be
	49	+	17 50% of salary.
	50	+	18 Unless the employer acknowledges that the disability is a
	51	+	19 result of injury or illness compensable under the Workers'
	52	+	20 Compensation Act or the Workers' Occupational Diseases Act,
	53	+	21 the duty disability benefit shall not be payable until the
	54	+	22 issue of compensability under those Acts is finally
	55	+	23 adjudicated. The period of disability shall be as determined
	56	+	24 by the Illinois Workers' Compensation Commission or
	57	+	25 acknowledged by the employer.
	58	+	26 An employee in service before June 13, 1997 shall also
58	59
59	60
60		-	receive a child's disability benefit during the period of
61		-	disability of $10 per month for each unmarried natural or
62		-	adopted child of the employee under 18 years of age.
63		-	The first payment shall be made not later than one month
64		-	after the benefit is granted, and subsequent payments shall be
65		-	made at least monthly. The Board shall by rule prescribe for
66		-	the payment of such benefits on the basis of the amount of
67		-	salary lost during the period of disability.
68		-	(b) The benefit shall be allowed only if all of the
69		-	following requirements are met by the employee:
70		-	(1) Application is made to the Board.
71		-	(2) A medical report is submitted by at least one
72		-	licensed health care professional and practicing physician
73		-	as part of the employee's application.
74		-	(3) The employee is examined by at least one licensed
75		-	health care professional and practicing physician
76		-	appointed by the Board and found to be in a disabled
77		-	physical condition, and shall be re-examined at least
78		-	annually thereafter during the continuance of disability.
79		-	The employee need not be examined by a licensed health
80		-	care professional and practicing physician appointed by
81		-	the Board if the attorney for the district certifies in
82		-	writing that the employee is entitled to receive
83		-	compensation under the Workers' Compensation Act or the
84		-	Workers' Occupational Diseases Act. The Board may require
85		-	other evidence of disability.
86	61
87	62
88		-	(c) The benefit shall terminate when:
89		-	(1) The employee returns to work or receives a
90		-	retirement annuity paid wholly or in part under this
91		-	Article;
92		-	(2) The disability ceases;
93		-	(3) The employee attains age 65, but if the employee
94		-	becomes disabled at age 60 or later, benefits may be
95		-	extended for a period of no more than 5 years after
96		-	disablement;
97		-	(4) The employee (i) refuses to submit to reasonable
98		-	examinations by licensed health care physicians or other
99		-	health professionals appointed by the Board, (ii) fails or
100		-	refuses to consent to and sign an authorization allowing
101		-	the Board to receive copies of or to examine the
102		-	employee's medical and hospital records, or (iii) fails or
103		-	refuses to provide complete information regarding any
104		-	other employment for compensation he or she has received
105		-	since becoming disabled; or
106		-	(5) The employee willfully and continuously refuses to
107		-	follow medical advice and treatment to enable the employee
108		-	to return to work. However this provision does not apply
109		-	to an employee who relies in good faith on treatment by
110		-	prayer through spiritual means alone in accordance with
111		-	the tenets and practice of a recognized church or
112		-	religious denomination, by a duly accredited practitioner
113		-	thereof.
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116		-	In the case of a duty disability recipient who returns to
117		-	work, the employee must make application to the Retirement
118		-	Board within 2 years from the date the employee last received
119		-	duty disability benefits in order to become again entitled to
120		-	duty disability benefits based on the injury for which a duty
121		-	disability benefit was theretofore paid.
122		-	(Source: P.A. 95-586, eff. 8-31-07; 96-251, eff. 8-11-09.)
123		-	(40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)
124		-	Sec. 13-310. Ordinary disability benefit.
125		-	(a) Any employee who becomes disabled as the result of any
126		-	cause other than injury or illness incurred in the performance
127		-	of duty for the employer or any other employer, or while
128		-	engaged in self-employment activities, shall be entitled to an
129		-	ordinary disability benefit. The eligible period for this
130		-	benefit shall be 25% of the employee's total actual service
131		-	prior to the date of disability with a cumulative maximum
132		-	period of 5 years.
133		-	(b) The benefit shall be allowed only if the employee
134		-	files an application in writing with the Board, and a medical
135		-	report is submitted by at least one licensed health care
136		-	professional and practicing physician as part of the
137		-	employee's application.
138		-	The benefit is not payable for any disability which begins
139		-	during any period of unpaid leave of absence. No benefit shall
140		-	be allowed for any period of disability prior to 30 days before
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	69	+	1 receive a child's disability benefit during the period of
	70	+	2 disability of $10 per month for each unmarried natural or
	71	+	3 adopted child of the employee under 18 years of age.
	72	+	4 The first payment shall be made not later than one month
	73	+	5 after the benefit is granted, and subsequent payments shall be
	74	+	6 made at least monthly. The Board shall by rule prescribe for
	75	+	7 the payment of such benefits on the basis of the amount of
	76	+	8 salary lost during the period of disability.
	77	+	9 (b) The benefit shall be allowed only if all of the
	78	+	10 following requirements are met by the employee:
	79	+	11 (1) Application is made to the Board.
	80	+	12 (2) A medical report is submitted by at least one
	81	+	13 licensed health care professional and practicing physician
	82	+	14 as part of the employee's application.
	83	+	15 (3) The employee is examined by at least one licensed
	84	+	16 health care professional and practicing physician
	85	+	17 appointed by the Board and found to be in a disabled
	86	+	18 physical condition, and shall be re-examined at least
	87	+	19 annually thereafter during the continuance of disability.
	88	+	20 The employee need not be examined by a licensed health
	89	+	21 care professional and practicing physician appointed by
	90	+	22 the Board if the attorney for the district certifies in
	91	+	23 writing that the employee is entitled to receive
	92	+	24 compensation under the Workers' Compensation Act or the
	93	+	25 Workers' Occupational Diseases Act. The Board may require
	94	+	26 other evidence of disability.
141	95
142	96
143		-	application is made, unless the Board finds good cause for the
144		-	delay in filing the application. The benefit shall not be paid
145		-	during any period for which the employee receives or is
146		-	entitled to receive any part of salary.
147		-	The benefit is not payable for any disability which begins
148		-	during any period of absence from duty other than allowable
149		-	vacation time in any calendar year. An employee whose
150		-	disability begins during any such ineligible period of absence
151		-	from service may not receive benefits until the employee
152		-	recovers from the disability and is in service for at least 15
153		-	consecutive working days after such recovery.
154		-	In the case of an employee who first enters service on or
155		-	after June 13, 1997, an ordinary disability benefit is not
156		-	payable for the first 3 days of disability that would
157		-	otherwise be payable under this Section if the disability does
158		-	not continue for at least 11 additional days.
159		-	Beginning on the effective date of this amendatory Act of
160		-	the 94th General Assembly, an employee who first entered
161		-	service on or after June 13, 1997 is also eligible for ordinary
162		-	disability benefits on the 31st day after the last day worked,
163		-	provided all sick leave is exhausted.
164		-	(c) The benefit shall be 50% of the employee's salary at
165		-	the date of disability, and shall terminate when the earliest
166		-	of the following occurs:
167		-	(1) The employee returns to work or receives a
168		-	retirement annuity paid wholly or in part under this
169	97
170	98
171		-	Article;
172		-	(2) The disability ceases;
173		-	(3) The employee willfully and continuously refuses to
174		-	follow medical advice and treatment to enable the employee
175		-	to return to work. However this provision does not apply
176		-	to an employee who relies in good faith on treatment by
177		-	prayer through spiritual means alone in accordance with
178		-	the tenets and practice of a recognized church or
179		-	religious denomination, by a duly accredited practitioner
180		-	thereof;
181		-	(4) The employee (i) refuses to submit to a reasonable
182		-	physical examination within 30 days of application by a
183		-	licensed health care professional physician appointed by
184		-	the Board, (ii) in the case of chronic alcoholism, the
185		-	employee refuses to join a rehabilitation program licensed
186		-	by the Department of Public Health of the State of
187		-	Illinois and certified by the Joint Commission on the
188		-	Accreditation of Hospitals, (iii) fails or refuses to
189		-	consent to and sign an authorization allowing the Board to
190		-	receive copies of or to examine the employee's medical and
191		-	hospital records, or (iv) fails or refuses to provide
192		-	complete information regarding any other employment for
193		-	compensation he or she has received since becoming
194		-	disabled; or
195		-	(5) The eligible period for this benefit has been
196		-	exhausted.
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197	101
198	102
199		-	The first payment of the benefit shall be made not later
200		-	than one month after the same has been granted, and subsequent
201		-	payments shall be made at least monthly.
202		-	(Source: P.A. 102-210, eff. 7-30-21.)
203		-	(40 ILCS 5/13-314) (from Ch. 108 1/2, par. 13-314)
204		-	Sec. 13-314. Alternative provisions for Water Reclamation
205		-	District commissioners.
206		-	(a) Transfer of credits. Any Water Reclamation District
207		-	commissioner elected by vote of the people and who has elected
208		-	to participate in this Fund may transfer to this Fund credits
209		-	and creditable service accumulated under any other pension
210		-	fund or retirement system established under Articles 2 through
211		-	18 of this Code, upon payment to the Fund of (1) the amount by
212		-	which the employer and employee contributions that would have
213		-	been required if he had participated in this Fund during the
214		-	period for which credit is being transferred, plus interest,
215		-	exceeds the amounts actually transferred from such other fund
216		-	or system to this Fund, plus (2) interest thereon at 6% per
217		-	year compounded annually from the date of transfer to the date
218		-	of payment.
219		-	(b) Alternative annuity. Any participant commissioner may
220		-	elect to establish alternative credits for an alternative
221		-	annuity by electing in writing to make additional optional
222		-	contributions in accordance with this Section and procedures
223		-	established by the Board. Unless and until such time as the
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	105	+	1 (c) The benefit shall terminate when:
	106	+	2 (1) The employee returns to work or receives a
	107	+	3 retirement annuity paid wholly or in part under this
	108	+	4 Article;
	109	+	5 (2) The disability ceases;
	110	+	6 (3) The employee attains age 65, but if the employee
	111	+	7 becomes disabled at age 60 or later, benefits may be
	112	+	8 extended for a period of no more than 5 years after
	113	+	9 disablement;
	114	+	10 (4) The employee (i) refuses to submit to reasonable
	115	+	11 examinations by licensed health care physicians or other
	116	+	12 health professionals appointed by the Board, (ii) fails or
	117	+	13 refuses to consent to and sign an authorization allowing
	118	+	14 the Board to receive copies of or to examine the
	119	+	15 employee's medical and hospital records, or (iii) fails or
	120	+	16 refuses to provide complete information regarding any
	121	+	17 other employment for compensation he or she has received
	122	+	18 since becoming disabled; or
	123	+	19 (5) The employee willfully and continuously refuses to
	124	+	20 follow medical advice and treatment to enable the employee
	125	+	21 to return to work. However this provision does not apply
	126	+	22 to an employee who relies in good faith on treatment by
	127	+	23 prayer through spiritual means alone in accordance with
	128	+	24 the tenets and practice of a recognized church or
	129	+	25 religious denomination, by a duly accredited practitioner
	130	+	26 thereof.
224	131
225	132
226		-	U.S. Internal Revenue Service or the federal courts provide a
227		-	favorable ruling as described in Section 13-502(f), a
228		-	commissioner may discontinue making the additional optional
229		-	contributions by notifying the Fund in writing in accordance
230		-	with this Section and procedures established by the Board.
231		-	Additional optional contributions for the alternative
232		-	annuity shall be as follows:
233		-	(1) For service after the option is elected, an
234		-	additional contribution of 3% of salary shall be
235		-	contributed to the Fund on the same basis and under the
236		-	same conditions as contributions required under Section
237		-	13-502.
238		-	(2) For contributions on past service, the additional
239		-	contribution shall be 3% of the salary for the applicable
240		-	period of service, plus interest at the annual rate from
241		-	time to time as determined by the Board, compounded
242		-	annually from the date of service to the date of payment.
243		-	Contributions for service before the option is elected may
244		-	be made in a lump sum payment to the Fund or by
245		-	contributing to the Fund on the same basis and under the
246		-	same conditions as contributions required under Section
247		-	13-502. All payments for past service must be paid in full
248		-	before credit is given. No additional optional
249		-	contributions may be made for any period of service for
250		-	which credit has been previously forfeited by acceptance
251		-	of a refund, unless the refund is repaid in full with
252	133
253	134
254		-	interest at the rate specified in Section 13-603, from the
255		-	date of refund to the date of repayment.
256		-	In lieu of the retirement annuity otherwise payable under
257		-	this Article, any commissioner who has elected to participate
258		-	in the Fund and make additional optional contributions in
259		-	accordance with this Section, has attained age 55, and has at
260		-	least 6 years of service credit, may elect to have the
261		-	retirement annuity computed as follows: 3% of the
262		-	participant's average final salary as a commissioner for each
263		-	of the first 8 years of service credit, plus 4% of such salary
264		-	for each of the next 4 years of service credit, plus 5% of such
265		-	salary for each year of service credit in excess of 12 years,
266		-	subject to a maximum of 80% of such salary. To the extent such
267		-	commissioner has made additional optional contributions with
268		-	respect to only a portion of years of service credit, the
269		-	retirement annuity will first be determined in accordance with
270		-	this Section to the extent such additional optional
271		-	contributions were made, and then in accordance with the
272		-	remaining Sections of this Article to the extent of years of
273		-	service credit with respect to which additional optional
274		-	contributions were not made. The change in minimum retirement
275		-	age (from 60 to 55) made by Public Act 87-1265 applies to
276		-	persons who begin receiving a retirement annuity under this
277		-	Section on or after January 25, 1993 (the effective date of
278		-	Public Act 87-1265), without regard to whether they are in
279		-	service on or after that date.
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280	137
281	138
282		-	(c) Disability benefits. In lieu of the disability
283		-	benefits otherwise payable under this Article, any
284		-	commissioner who (1) has elected to participate in the Fund,
285		-	and (2) has become permanently disabled and as a consequence
286		-	is unable to perform the duties of office, and (3) was making
287		-	optional contributions in accordance with this Section at the
288		-	time the disability was incurred, may elect to receive a
289		-	disability annuity calculated in accordance with the formula
290		-	in subsection (b). For the purposes of this subsection, such
291		-	commissioner shall be considered permanently disabled only if:
292		-	(i) disability occurs while in service as a commissioner and
293		-	is of such a nature as to prevent the reasonable performance of
294		-	the duties of office at the time; and (ii) the Board has
295		-	received a written certification by at least 2 licensed health
296		-	care professionals physicians appointed by it stating that
297		-	such commissioner is disabled and that the disability is
298		-	likely to be permanent.
299		-	(d) Alternative survivor's benefits. In lieu of the
300		-	survivor's benefits otherwise payable under this Article, the
301		-	spouse or eligible child of any deceased commissioner who (1)
302		-	had elected to participate in the Fund, and (2) was either
303		-	making (or had already made) additional optional contributions
304		-	on the date of death, or was receiving an annuity calculated
305		-	under this Section at the time of death, may elect to receive
306		-	an annuity beginning on the date of the commissioner's death,
307		-	provided that the spouse and commissioner must have been
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	141	+	1 In the case of a duty disability recipient who returns to
	142	+	2 work, the employee must make application to the Retirement
	143	+	3 Board within 2 years from the date the employee last received
	144	+	4 duty disability benefits in order to become again entitled to
	145	+	5 duty disability benefits based on the injury for which a duty
	146	+	6 disability benefit was theretofore paid.
	147	+	7 (Source: P.A. 95-586, eff. 8-31-07; 96-251, eff. 8-11-09.)
	148	+	8 (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)
	149	+	9 Sec. 13-310. Ordinary disability benefit.
	150	+	10 (a) Any employee who becomes disabled as the result of any
	151	+	11 cause other than injury or illness incurred in the performance
	152	+	12 of duty for the employer or any other employer, or while
	153	+	13 engaged in self-employment activities, shall be entitled to an
	154	+	14 ordinary disability benefit. The eligible period for this
	155	+	15 benefit shall be 25% of the employee's total actual service
	156	+	16 prior to the date of disability with a cumulative maximum
	157	+	17 period of 5 years.
	158	+	18 (b) The benefit shall be allowed only if the employee
	159	+	19 files an application in writing with the Board, and a medical
	160	+	20 report is submitted by at least one licensed health care
	161	+	21 professional and practicing physician as part of the
	162	+	22 employee's application.
	163	+	23 The benefit is not payable for any disability which begins
	164	+	24 during any period of unpaid leave of absence. No benefit shall
	165	+	25 be allowed for any period of disability prior to 30 days before
308	166
309	167
310		-	married on the date of the last termination of a service as
311		-	commissioner and for a continuous period of at least one year
312		-	immediately preceding death.
313		-	The annuity shall be payable beginning on the date of the
314		-	commissioner's death if the spouse is then age 50 or over, or
315		-	beginning at age 50 if the age of the spouse is less than 50
316		-	years. If a minor unmarried child or children of the
317		-	commissioner, under age 18 (age 23 in the case of a full-time
318		-	student), also survive, and the child or children are under
319		-	the care of the eligible spouse, the annuity shall begin as of
320		-	the date of death of the commissioner without regard to the
321		-	spouse's age. Beginning on the first day of the month
322		-	following the month in which this amendatory Act of the 96th
323		-	General Assembly takes effect, benefits shall begin on the
324		-	first of the month following the commissioner's date of death
325		-	if the spouse is then age 50 or over or, if a minor unmarried
326		-	child or children of the commissioner, under age 18 (age 23 in
327		-	the case of a full time student), also survive, and the child
328		-	or children are under the care of the eligible spouse. The
329		-	benefit is payable for the full month if the annuitant was
330		-	alive on the first day of the month.
331		-	The annuity to a spouse shall be the greater of (i) 66 2/3%
332		-	of the amount of retirement annuity earned by the commissioner
333		-	on the date of death, subject to a minimum payment of 10% of
334		-	salary, provided that if an eligible spouse, regardless of
335		-	age, has in his or her care at the date of death of the
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337	169
338		-	commissioner any unmarried child or children of the
339		-	commissioner under age 18, the minimum annuity shall be 30% of
340		-	the commissioner's salary, plus 10% of salary on account of
341		-	each minor child of the commissioner, subject to a combined
342		-	total payment on account of a spouse and minor children not to
343		-	exceed 50% of the deceased commissioner's salary or (ii) for
344		-	the spouse of a commissioner whose death occurs on or after
345		-	August 18, 2005 (the effective date of Public Act 94-621), the
346		-	surviving spouse annuity shall be computed in the same manner
347		-	as described in Section 13-306(a). The number of total service
348		-	years used to calculate the commissioner's annuity shall be
349		-	the number of service years used to calculate the annuity for
350		-	that commissioner's surviving spouse. In the event there shall
351		-	be no spouse of the commissioner surviving, or should a spouse
352		-	die while eligible minor children still survive the
353		-	commissioner, each such child shall be entitled to an annuity
354		-	equal to 20% of salary of the commissioner subject to a
355		-	combined total payment on account of all such children not to
356		-	exceed 50% of salary of the commissioner. The salary to be used
357		-	in the calculation of these benefits shall be the same as that
358		-	prescribed for determining a retirement annuity as provided in
359		-	subsection (b) of this Section.
360		-	Upon the death of a commissioner occurring after
361		-	termination of a service or while in receipt of a retirement
362		-	annuity, the combined total payment to a spouse and minor
363		-	children, or to minor children alone if no eligible spouse
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366		-	survives, shall be limited to 85% of the amount of retirement
367		-	annuity earned by the commissioner.
368		-	Marriage of a child or attainment of age 18 (age 23 in the
369		-	case of a full-time student), whichever first occurs, shall
370		-	render the child ineligible for further consideration in the
371		-	payment of annuity to a spouse or in the increase in the amount
372		-	thereof. Upon attainment of ineligibility of the youngest
373		-	minor child of the commissioner, the annuity shall immediately
374		-	revert to the amount payable upon death of a commissioner
375		-	leaving no minor children surviving. If the spouse is under
376		-	age 50 at such time, the annuity as revised shall be deferred
377		-	until such age is attained.
378		-	(e) Refunds. Refunds of additional optional contributions
379		-	shall be made on the same basis and under the same conditions
380		-	as provided under Section 13-601. Interest shall be credited
381		-	on the same basis and under the same conditions as for other
382		-	contributions.
383		-	Optional contributions shall be accounted for in a
384		-	separate Commission's Optional Contribution Reserve. Optional
385		-	contributions under this Section shall be included in the
386		-	amount of employee contributions used to compute the tax levy
387		-	under Section 13-503.
388		-	(f) Effective date. The effective date of this plan of
389		-	optional alternative benefits and contributions shall be the
390		-	date upon which approval was received from the U.S. Internal
391		-	Revenue Service. The plan of optional alternative benefits and
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	176	+	1 application is made, unless the Board finds good cause for the
	177	+	2 delay in filing the application. The benefit shall not be paid
	178	+	3 during any period for which the employee receives or is
	179	+	4 entitled to receive any part of salary.
	180	+	5 The benefit is not payable for any disability which begins
	181	+	6 during any period of absence from duty other than allowable
	182	+	7 vacation time in any calendar year. An employee whose
	183	+	8 disability begins during any such ineligible period of absence
	184	+	9 from service may not receive benefits until the employee
	185	+	10 recovers from the disability and is in service for at least 15
	186	+	11 consecutive working days after such recovery.
	187	+	12 In the case of an employee who first enters service on or
	188	+	13 after June 13, 1997, an ordinary disability benefit is not
	189	+	14 payable for the first 3 days of disability that would
	190	+	15 otherwise be payable under this Section if the disability does
	191	+	16 not continue for at least 11 additional days.
	192	+	17 Beginning on the effective date of this amendatory Act of
	193	+	18 the 94th General Assembly, an employee who first entered
	194	+	19 service on or after June 13, 1997 is also eligible for ordinary
	195	+	20 disability benefits on the 31st day after the last day worked,
	196	+	21 provided all sick leave is exhausted.
	197	+	22 (c) The benefit shall be 50% of the employee's salary at
	198	+	23 the date of disability, and shall terminate when the earliest
	199	+	24 of the following occurs:
	200	+	25 (1) The employee returns to work or receives a
	201	+	26 retirement annuity paid wholly or in part under this
392	202
393	203
394		-	contributions shall not be available to any former employee
395		-	receiving an annuity from the Fund on the effective date,
396		-	unless said former employee re-enters service and renders at
397		-	least 3 years of additional service after the date of re-entry
398		-	as a commissioner.
399		-	(Source: P.A. 95-279, eff. 1-1-08; 96-251, eff. 8-11-09.)
400		-	(40 ILCS 5/13-706) (from Ch. 108 1/2, par. 13-706)
401		-	Sec. 13-706. Board powers and duties. The Board shall have
402		-	the powers and duties set forth in this Section, in addition to
403		-	such other powers and duties as may be provided in this Article
404		-	and in this Code:
405		-	(a) To supervise collections. To see that all amounts
406		-	specified in this Article to be applied to the Fund, from
407		-	any source, are collected and applied.
408		-	(b) To notify of deductions. To notify the Clerk of
409		-	the Water Reclamation District of the deductions to be
410		-	made from the salaries of employees.
411		-	(c) To accept gifts. To accept by gift, grant, bequest
412		-	or otherwise any money or property of any kind and use the
413		-	same for the purposes of the Fund.
414		-	(d) To invest the reserves. To invest the reserves of
415		-	the Fund in accordance with the provisions set forth in
416		-	Section 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and
417		-	1-115 of this Code. Investments made in accordance with
418		-	Section 1-113 of Article 1 of this Code shall be deemed
419	204
420	205
421		-	prudent. The Board is also authorized to transfer
422		-	securities to the Illinois State Board of Investment for
423		-	the purpose of participation in any commingled investment
424		-	fund as provided in Article 22A of this Code.
425		-	(e) To authorize payments. To consider and pass upon
426		-	all applications for annuities and benefits; to authorize
427		-	or suspend the payment of any annuity or benefit; to
428		-	inquire into the validity and legality of any grant of
429		-	annuity or benefit paid from or payable out of the Fund; to
430		-	increase, reduce, or suspend any such annuity or benefit
431		-	whenever the annuity or benefit, or any part thereof, was
432		-	secured or granted, or the amount thereof fixed, as the
433		-	result of misrepresentation, fraud, or error. No such
434		-	annuity or benefit shall be permanently reduced or
435		-	suspended until the affected annuitant or beneficiary is
436		-	first notified of the proposed action and given an
437		-	opportunity to be heard. No trustee of the Board shall
438		-	vote upon that trustee's own personal claim for annuity,
439		-	benefit or refund, or participate in the deliberations of
440		-	the Board as to the validity of any such claim. The Board
441		-	shall have exclusive original jurisdiction in all matters
442		-	of claims for annuities, benefits and refunds.
443		-	(f) To submit an annual report. To submit a report in
444		-	July of each year to the Board of Commissioners of the
445		-	Water Reclamation District as of the close of business on
446		-	December 31st of the preceding year. The report shall
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448	209
449		-	include the following:
450		-	(1) A balance sheet, showing the financial and
451		-	actuarial condition of the Fund as of the end of the
452		-	calendar year;
453		-	(2) A statement of receipts and disbursements
454		-	during such year;
455		-	(3) A statement showing changes in the asset,
456		-	liability, reserve and surplus accounts during such
457		-	year;
458		-	(4) A detailed statement of investments as of the
459		-	end of the year; and
460		-	(5) Any additional information as is deemed
461		-	necessary for proper interpretation of the condition
462		-	of the Fund.
463		-	(g) To subpoena witnesses. To compel witnesses to
464		-	attend and testify before it upon any matter concerning
465		-	the Fund and allow witness fees not in excess of $6 for
466		-	attendance upon any one day. The President and other
467		-	members of the Board may administer oaths to witnesses.
468		-	(h) To appoint employees and consultants. To appoint
469		-	such actuarial, medical, legal, investigational, clerical
470		-	or financial employees and consultants as are necessary,
471		-	and fix their compensation.
472		-	(i) To make rules. To make rules and regulations
473		-	necessary for the administration of the affairs of the
474		-	Fund.
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	212	+	1 Article;
	213	+	2 (2) The disability ceases;
	214	+	3 (3) The employee willfully and continuously refuses to
	215	+	4 follow medical advice and treatment to enable the employee
	216	+	5 to return to work. However this provision does not apply
	217	+	6 to an employee who relies in good faith on treatment by
	218	+	7 prayer through spiritual means alone in accordance with
	219	+	8 the tenets and practice of a recognized church or
	220	+	9 religious denomination, by a duly accredited practitioner
	221	+	10 thereof;
	222	+	11 (4) The employee (i) refuses to submit to a reasonable
	223	+	12 physical examination within 30 days of application by a
	224	+	13 licensed health care professional physician appointed by
	225	+	14 the Board, (ii) in the case of chronic alcoholism, the
	226	+	15 employee refuses to join a rehabilitation program licensed
	227	+	16 by the Department of Public Health of the State of
	228	+	17 Illinois and certified by the Joint Commission on the
	229	+	18 Accreditation of Hospitals, (iii) fails or refuses to
	230	+	19 consent to and sign an authorization allowing the Board to
	231	+	20 receive copies of or to examine the employee's medical and
	232	+	21 hospital records, or (iv) fails or refuses to provide
	233	+	22 complete information regarding any other employment for
	234	+	23 compensation he or she has received since becoming
	235	+	24 disabled; or
	236	+	25 (5) The eligible period for this benefit has been
	237	+	26 exhausted.
475	238
476	239
477		-	(j) To waive guardianship. To waive the requirement of
478		-	legal guardianship of a person under legal disability or
479		-	any minor unmarried beneficiary of the Fund for a
480		-	representative living with a parent or grandparent, and
481		-	legal guardianship of any beneficiary under legal
482		-	disability whose husband, wife, or parent is managing such
483		-	person or beneficiary's affairs, whenever the Board deems
484		-	such waiver to be in the best interest of the person or
485		-	beneficiary.
486		-	(k) To collect amounts due. To collect any amounts due
487		-	to the Fund from any participant or beneficiary prior to
488		-	payment of any annuity, benefit or refund.
489		-	(l) To invoke rule of offset. To offset against any
490		-	amount payable to an employee or to any other person such
491		-	sums as may be due to the Fund or may have been paid by the
492		-	Fund due to misrepresentation, fraud or error.
493		-	(m) To assess and collect interest on amounts due to
494		-	the Fund using the annual rate as shall from time to time
495		-	be determined by the Board, compounded annually from the
496		-	date of notification to the date of payment.
497		-	(Source: P.A. 94-621, eff. 8-18-05; 95-586, eff. 8-31-07.)
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	248	+	1 The first payment of the benefit shall be made not later
	249	+	2 than one month after the same has been granted, and subsequent
	250	+	3 payments shall be made at least monthly.
	251	+	4 (Source: P.A. 102-210, eff. 7-30-21.)
	252	+	5 (40 ILCS 5/13-314) (from Ch. 108 1/2, par. 13-314)
	253	+	6 Sec. 13-314. Alternative provisions for Water Reclamation
	254	+	7 District commissioners.
	255	+	8 (a) Transfer of credits. Any Water Reclamation District
	256	+	9 commissioner elected by vote of the people and who has elected
	257	+	10 to participate in this Fund may transfer to this Fund credits
	258	+	11 and creditable service accumulated under any other pension
	259	+	12 fund or retirement system established under Articles 2 through
	260	+	13 18 of this Code, upon payment to the Fund of (1) the amount by
	261	+	14 which the employer and employee contributions that would have
	262	+	15 been required if he had participated in this Fund during the
	263	+	16 period for which credit is being transferred, plus interest,
	264	+	17 exceeds the amounts actually transferred from such other fund
	265	+	18 or system to this Fund, plus (2) interest thereon at 6% per
	266	+	19 year compounded annually from the date of transfer to the date
	267	+	20 of payment.
	268	+	21 (b) Alternative annuity. Any participant commissioner may
	269	+	22 elect to establish alternative credits for an alternative
	270	+	23 annuity by electing in writing to make additional optional
	271	+	24 contributions in accordance with this Section and procedures
	272	+	25 established by the Board. Unless and until such time as the
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	283	+	1 U.S. Internal Revenue Service or the federal courts provide a
	284	+	2 favorable ruling as described in Section 13-502(f), a
	285	+	3 commissioner may discontinue making the additional optional
	286	+	4 contributions by notifying the Fund in writing in accordance
	287	+	5 with this Section and procedures established by the Board.
	288	+	6 Additional optional contributions for the alternative
	289	+	7 annuity shall be as follows:
	290	+	8 (1) For service after the option is elected, an
	291	+	9 additional contribution of 3% of salary shall be
	292	+	10 contributed to the Fund on the same basis and under the
	293	+	11 same conditions as contributions required under Section
	294	+	12 13-502.
	295	+	13 (2) For contributions on past service, the additional
	296	+	14 contribution shall be 3% of the salary for the applicable
	297	+	15 period of service, plus interest at the annual rate from
	298	+	16 time to time as determined by the Board, compounded
	299	+	17 annually from the date of service to the date of payment.
	300	+	18 Contributions for service before the option is elected may
	301	+	19 be made in a lump sum payment to the Fund or by
	302	+	20 contributing to the Fund on the same basis and under the
	303	+	21 same conditions as contributions required under Section
	304	+	22 13-502. All payments for past service must be paid in full
	305	+	23 before credit is given. No additional optional
	306	+	24 contributions may be made for any period of service for
	307	+	25 which credit has been previously forfeited by acceptance
	308	+	26 of a refund, unless the refund is repaid in full with
	309	+
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	319	+	1 interest at the rate specified in Section 13-603, from the
	320	+	2 date of refund to the date of repayment.
	321	+	3 In lieu of the retirement annuity otherwise payable under
	322	+	4 this Article, any commissioner who has elected to participate
	323	+	5 in the Fund and make additional optional contributions in
	324	+	6 accordance with this Section, has attained age 55, and has at
	325	+	7 least 6 years of service credit, may elect to have the
	326	+	8 retirement annuity computed as follows: 3% of the
	327	+	9 participant's average final salary as a commissioner for each
	328	+	10 of the first 8 years of service credit, plus 4% of such salary
	329	+	11 for each of the next 4 years of service credit, plus 5% of such
	330	+	12 salary for each year of service credit in excess of 12 years,
	331	+	13 subject to a maximum of 80% of such salary. To the extent such
	332	+	14 commissioner has made additional optional contributions with
	333	+	15 respect to only a portion of years of service credit, the
	334	+	16 retirement annuity will first be determined in accordance with
	335	+	17 this Section to the extent such additional optional
	336	+	18 contributions were made, and then in accordance with the
	337	+	19 remaining Sections of this Article to the extent of years of
	338	+	20 service credit with respect to which additional optional
	339	+	21 contributions were not made. The change in minimum retirement
	340	+	22 age (from 60 to 55) made by Public Act 87-1265 applies to
	341	+	23 persons who begin receiving a retirement annuity under this
	342	+	24 Section on or after January 25, 1993 (the effective date of
	343	+	25 Public Act 87-1265), without regard to whether they are in
	344	+	26 service on or after that date.
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	355	+	1 (c) Disability benefits. In lieu of the disability
	356	+	2 benefits otherwise payable under this Article, any
	357	+	3 commissioner who (1) has elected to participate in the Fund,
	358	+	4 and (2) has become permanently disabled and as a consequence
	359	+	5 is unable to perform the duties of office, and (3) was making
	360	+	6 optional contributions in accordance with this Section at the
	361	+	7 time the disability was incurred, may elect to receive a
	362	+	8 disability annuity calculated in accordance with the formula
	363	+	9 in subsection (b). For the purposes of this subsection, such
	364	+	10 commissioner shall be considered permanently disabled only if:
	365	+	11 (i) disability occurs while in service as a commissioner and
	366	+	12 is of such a nature as to prevent the reasonable performance of
	367	+	13 the duties of office at the time; and (ii) the Board has
	368	+	14 received a written certification by at least 2 licensed health
	369	+	15 care professionals physicians appointed by it stating that
	370	+	16 such commissioner is disabled and that the disability is
	371	+	17 likely to be permanent.
	372	+	18 (d) Alternative survivor's benefits. In lieu of the
	373	+	19 survivor's benefits otherwise payable under this Article, the
	374	+	20 spouse or eligible child of any deceased commissioner who (1)
	375	+	21 had elected to participate in the Fund, and (2) was either
	376	+	22 making (or had already made) additional optional contributions
	377	+	23 on the date of death, or was receiving an annuity calculated
	378	+	24 under this Section at the time of death, may elect to receive
	379	+	25 an annuity beginning on the date of the commissioner's death,
	380	+	26 provided that the spouse and commissioner must have been
	381	+
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	391	+	1 married on the date of the last termination of a service as
	392	+	2 commissioner and for a continuous period of at least one year
	393	+	3 immediately preceding death.
	394	+	4 The annuity shall be payable beginning on the date of the
	395	+	5 commissioner's death if the spouse is then age 50 or over, or
	396	+	6 beginning at age 50 if the age of the spouse is less than 50
	397	+	7 years. If a minor unmarried child or children of the
	398	+	8 commissioner, under age 18 (age 23 in the case of a full-time
	399	+	9 student), also survive, and the child or children are under
	400	+	10 the care of the eligible spouse, the annuity shall begin as of
	401	+	11 the date of death of the commissioner without regard to the
	402	+	12 spouse's age. Beginning on the first day of the month
	403	+	13 following the month in which this amendatory Act of the 96th
	404	+	14 General Assembly takes effect, benefits shall begin on the
	405	+	15 first of the month following the commissioner's date of death
	406	+	16 if the spouse is then age 50 or over or, if a minor unmarried
	407	+	17 child or children of the commissioner, under age 18 (age 23 in
	408	+	18 the case of a full time student), also survive, and the child
	409	+	19 or children are under the care of the eligible spouse. The
	410	+	20 benefit is payable for the full month if the annuitant was
	411	+	21 alive on the first day of the month.
	412	+	22 The annuity to a spouse shall be the greater of (i) 66 2/3%
	413	+	23 of the amount of retirement annuity earned by the commissioner
	414	+	24 on the date of death, subject to a minimum payment of 10% of
	415	+	25 salary, provided that if an eligible spouse, regardless of
	416	+	26 age, has in his or her care at the date of death of the
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	427	+	1 commissioner any unmarried child or children of the
	428	+	2 commissioner under age 18, the minimum annuity shall be 30% of
	429	+	3 the commissioner's salary, plus 10% of salary on account of
	430	+	4 each minor child of the commissioner, subject to a combined
	431	+	5 total payment on account of a spouse and minor children not to
	432	+	6 exceed 50% of the deceased commissioner's salary or (ii) for
	433	+	7 the spouse of a commissioner whose death occurs on or after
	434	+	8 August 18, 2005 (the effective date of Public Act 94-621), the
	435	+	9 surviving spouse annuity shall be computed in the same manner
	436	+	10 as described in Section 13-306(a). The number of total service
	437	+	11 years used to calculate the commissioner's annuity shall be
	438	+	12 the number of service years used to calculate the annuity for
	439	+	13 that commissioner's surviving spouse. In the event there shall
	440	+	14 be no spouse of the commissioner surviving, or should a spouse
	441	+	15 die while eligible minor children still survive the
	442	+	16 commissioner, each such child shall be entitled to an annuity
	443	+	17 equal to 20% of salary of the commissioner subject to a
	444	+	18 combined total payment on account of all such children not to
	445	+	19 exceed 50% of salary of the commissioner. The salary to be used
	446	+	20 in the calculation of these benefits shall be the same as that
	447	+	21 prescribed for determining a retirement annuity as provided in
	448	+	22 subsection (b) of this Section.
	449	+	23 Upon the death of a commissioner occurring after
	450	+	24 termination of a service or while in receipt of a retirement
	451	+	25 annuity, the combined total payment to a spouse and minor
	452	+	26 children, or to minor children alone if no eligible spouse
	453	+
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	463	+	1 survives, shall be limited to 85% of the amount of retirement
	464	+	2 annuity earned by the commissioner.
	465	+	3 Marriage of a child or attainment of age 18 (age 23 in the
	466	+	4 case of a full-time student), whichever first occurs, shall
	467	+	5 render the child ineligible for further consideration in the
	468	+	6 payment of annuity to a spouse or in the increase in the amount
	469	+	7 thereof. Upon attainment of ineligibility of the youngest
	470	+	8 minor child of the commissioner, the annuity shall immediately
	471	+	9 revert to the amount payable upon death of a commissioner
	472	+	10 leaving no minor children surviving. If the spouse is under
	473	+	11 age 50 at such time, the annuity as revised shall be deferred
	474	+	12 until such age is attained.
	475	+	13 (e) Refunds. Refunds of additional optional contributions
	476	+	14 shall be made on the same basis and under the same conditions
	477	+	15 as provided under Section 13-601. Interest shall be credited
	478	+	16 on the same basis and under the same conditions as for other
	479	+	17 contributions.
	480	+	18 Optional contributions shall be accounted for in a
	481	+	19 separate Commission's Optional Contribution Reserve. Optional
	482	+	20 contributions under this Section shall be included in the
	483	+	21 amount of employee contributions used to compute the tax levy
	484	+	22 under Section 13-503.
	485	+	23 (f) Effective date. The effective date of this plan of
	486	+	24 optional alternative benefits and contributions shall be the
	487	+	25 date upon which approval was received from the U.S. Internal
	488	+	26 Revenue Service. The plan of optional alternative benefits and
	489	+
	490	+
	491	+
	492	+
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	495	+
	496	+
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	498	+	HB2035 Enrolled - 15 - LRB103 25367 RPS 51712 b
	499	+	1 contributions shall not be available to any former employee
	500	+	2 receiving an annuity from the Fund on the effective date,
	501	+	3 unless said former employee re-enters service and renders at
	502	+	4 least 3 years of additional service after the date of re-entry
	503	+	5 as a commissioner.
	504	+	6 (Source: P.A. 95-279, eff. 1-1-08; 96-251, eff. 8-11-09.)
	505	+	7 (40 ILCS 5/13-706) (from Ch. 108 1/2, par. 13-706)
	506	+	8 Sec. 13-706. Board powers and duties. The Board shall have
	507	+	9 the powers and duties set forth in this Section, in addition to
	508	+	10 such other powers and duties as may be provided in this Article
	509	+	11 and in this Code:
	510	+	12 (a) To supervise collections. To see that all amounts
	511	+	13 specified in this Article to be applied to the Fund, from
	512	+	14 any source, are collected and applied.
	513	+	15 (b) To notify of deductions. To notify the Clerk of
	514	+	16 the Water Reclamation District of the deductions to be
	515	+	17 made from the salaries of employees.
	516	+	18 (c) To accept gifts. To accept by gift, grant, bequest
	517	+	19 or otherwise any money or property of any kind and use the
	518	+	20 same for the purposes of the Fund.
	519	+	21 (d) To invest the reserves. To invest the reserves of
	520	+	22 the Fund in accordance with the provisions set forth in
	521	+	23 Section 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and
	522	+	24 1-115 of this Code. Investments made in accordance with
	523	+	25 Section 1-113 of Article 1 of this Code shall be deemed
	524	+
	525	+
	526	+
	527	+
	528	+
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	530	+
	531	+
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	534	+	1 prudent. The Board is also authorized to transfer
	535	+	2 securities to the Illinois State Board of Investment for
	536	+	3 the purpose of participation in any commingled investment
	537	+	4 fund as provided in Article 22A of this Code.
	538	+	5 (e) To authorize payments. To consider and pass upon
	539	+	6 all applications for annuities and benefits; to authorize
	540	+	7 or suspend the payment of any annuity or benefit; to
	541	+	8 inquire into the validity and legality of any grant of
	542	+	9 annuity or benefit paid from or payable out of the Fund; to
	543	+	10 increase, reduce, or suspend any such annuity or benefit
	544	+	11 whenever the annuity or benefit, or any part thereof, was
	545	+	12 secured or granted, or the amount thereof fixed, as the
	546	+	13 result of misrepresentation, fraud, or error. No such
	547	+	14 annuity or benefit shall be permanently reduced or
	548	+	15 suspended until the affected annuitant or beneficiary is
	549	+	16 first notified of the proposed action and given an
	550	+	17 opportunity to be heard. No trustee of the Board shall
	551	+	18 vote upon that trustee's own personal claim for annuity,
	552	+	19 benefit or refund, or participate in the deliberations of
	553	+	20 the Board as to the validity of any such claim. The Board
	554	+	21 shall have exclusive original jurisdiction in all matters
	555	+	22 of claims for annuities, benefits and refunds.
	556	+	23 (f) To submit an annual report. To submit a report in
	557	+	24 July of each year to the Board of Commissioners of the
	558	+	25 Water Reclamation District as of the close of business on
	559	+	26 December 31st of the preceding year. The report shall
	560	+
	561	+
	562	+
	563	+
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	566	+
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	570	+	1 include the following:
	571	+	2 (1) A balance sheet, showing the financial and
	572	+	3 actuarial condition of the Fund as of the end of the
	573	+	4 calendar year;
	574	+	5 (2) A statement of receipts and disbursements
	575	+	6 during such year;
	576	+	7 (3) A statement showing changes in the asset,
	577	+	8 liability, reserve and surplus accounts during such
	578	+	9 year;
	579	+	10 (4) A detailed statement of investments as of the
	580	+	11 end of the year; and
	581	+	12 (5) Any additional information as is deemed
	582	+	13 necessary for proper interpretation of the condition
	583	+	14 of the Fund.
	584	+	15 (g) To subpoena witnesses. To compel witnesses to
	585	+	16 attend and testify before it upon any matter concerning
	586	+	17 the Fund and allow witness fees not in excess of $6 for
	587	+	18 attendance upon any one day. The President and other
	588	+	19 members of the Board may administer oaths to witnesses.
	589	+	20 (h) To appoint employees and consultants. To appoint
	590	+	21 such actuarial, medical, legal, investigational, clerical
	591	+	22 or financial employees and consultants as are necessary,
	592	+	23 and fix their compensation.
	593	+	24 (i) To make rules. To make rules and regulations
	594	+	25 necessary for the administration of the affairs of the
	595	+	26 Fund.
	596	+
	597	+
	598	+
	599	+
	600	+
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	602	+
	603	+
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	606	+	1 (j) To waive guardianship. To waive the requirement of
	607	+	2 legal guardianship of a person under legal disability or
	608	+	3 any minor unmarried beneficiary of the Fund for a
	609	+	4 representative living with a parent or grandparent, and
	610	+	5 legal guardianship of any beneficiary under legal
	611	+	6 disability whose husband, wife, or parent is managing such
	612	+	7 person or beneficiary's affairs, whenever the Board deems
	613	+	8 such waiver to be in the best interest of the person or
	614	+	9 beneficiary.
	615	+	10 (k) To collect amounts due. To collect any amounts due
	616	+	11 to the Fund from any participant or beneficiary prior to
	617	+	12 payment of any annuity, benefit or refund.
	618	+	13 (l) To invoke rule of offset. To offset against any
	619	+	14 amount payable to an employee or to any other person such
	620	+	15 sums as may be due to the Fund or may have been paid by the
	621	+	16 Fund due to misrepresentation, fraud or error.
	622	+	17 (m) To assess and collect interest on amounts due to
	623	+	18 the Fund using the annual rate as shall from time to time
	624	+	19 be determined by the Board, compounded annually from the
	625	+	20 date of notification to the date of payment.
	626	+	21 (Source: P.A. 94-621, eff. 8-18-05; 95-586, eff. 8-31-07.)
	627	+
	628	+
	629	+
	630	+
	631	+
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