Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1629 Compare Versions

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1-Public Act 103-0579
21 SB1629 EnrolledLRB103 27800 RPS 54178 b SB1629 Enrolled LRB103 27800 RPS 54178 b
32 SB1629 Enrolled LRB103 27800 RPS 54178 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 Section 6-229 as follows:
9-(40 ILCS 5/6-229)
10-Sec. 6-229. Provisions applicable to new hires; Tier 2.
11-(a) Notwithstanding any other provision of this Article,
12-the provisions of this Section apply to a person who first
13-becomes a fireman under this Article on or after January 1,
14-2011, and to certain qualified survivors of such a fireman.
15-Such persons, and the benefits and restrictions that apply
16-specifically to them under this Article, may be referred to as
17-"Tier 2".
18-(b) A fireman who has withdrawn from service, has attained
19-age 50 or more, and has 10 or more years of service in that
20-capacity shall be entitled, upon proper application being
21-received by the Fund, to receive a Tier 2 monthly retirement
22-annuity for his service as a fireman. The Tier 2 monthly
23-retirement annuity shall be computed by multiplying 2.5% for
24-each year of such service by his or her final average salary,
25-subject to an annuity reduction factor of one-half of 1% for
26-each month that the fireman's age at retirement is under age
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 Section 6-229 as follows:
8+6 (40 ILCS 5/6-229)
9+7 Sec. 6-229. Provisions applicable to new hires; Tier 2.
10+8 (a) Notwithstanding any other provision of this Article,
11+9 the provisions of this Section apply to a person who first
12+10 becomes a fireman under this Article on or after January 1,
13+11 2011, and to certain qualified survivors of such a fireman.
14+12 Such persons, and the benefits and restrictions that apply
15+13 specifically to them under this Article, may be referred to as
16+14 "Tier 2".
17+15 (b) A fireman who has withdrawn from service, has attained
18+16 age 50 or more, and has 10 or more years of service in that
19+17 capacity shall be entitled, upon proper application being
20+18 received by the Fund, to receive a Tier 2 monthly retirement
21+19 annuity for his service as a fireman. The Tier 2 monthly
22+20 retirement annuity shall be computed by multiplying 2.5% for
23+21 each year of such service by his or her final average salary,
24+22 subject to an annuity reduction factor of one-half of 1% for
25+23 each month that the fireman's age at retirement is under age
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33-55. The Tier 2 monthly retirement annuity is in lieu of any age
34-and service annuity or other form of retirement annuity under
35-this Article.
36-The maximum retirement annuity under this subsection (b)
37-shall be 75% of final average salary.
38-For the purposes of this subsection (b), "final average
39-salary" means the greater of (1) the average monthly salary
40-obtained by dividing the total salary of the fireman during
41-the 96 consecutive months of service within the last 120
42-months of service in which the total salary was the highest by
43-the number of months of service in that period or (2) the
44-average monthly salary obtained by dividing the total salary
45-of the fireman during the 48 consecutive months of service
46-within the last 60 months of service in which the total salary
47-was the highest by the number of months of service in that
48-period.
49-Beginning on January 1, 2011, for all purposes under this
50-Code (including without limitation the calculation of benefits
51-and employee contributions), the annual salary based on the
52-plan year of a member or participant to whom this Section
53-applies shall not exceed $106,800; however, that amount shall
54-annually thereafter be increased by the lesser of (i) 3% of
55-that amount, including all previous adjustments, or (ii)
56-one-half the annual unadjusted percentage increase (but not
57-less than zero) in the consumer price index-u for the 12 months
58-ending with the September preceding each November 1, including
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34+1 55. The Tier 2 monthly retirement annuity is in lieu of any age
35+2 and service annuity or other form of retirement annuity under
36+3 this Article.
37+4 The maximum retirement annuity under this subsection (b)
38+5 shall be 75% of final average salary.
39+6 For the purposes of this subsection (b), "final average
40+7 salary" means the greater of (1) the average monthly salary
41+8 obtained by dividing the total salary of the fireman during
42+9 the 96 consecutive months of service within the last 120
43+10 months of service in which the total salary was the highest by
44+11 the number of months of service in that period or (2) the
45+12 average monthly salary obtained by dividing the total salary
46+13 of the fireman during the 48 consecutive months of service
47+14 within the last 60 months of service in which the total salary
48+15 was the highest by the number of months of service in that
49+16 period.
50+17 Beginning on January 1, 2011, for all purposes under this
51+18 Code (including without limitation the calculation of benefits
52+19 and employee contributions), the annual salary based on the
53+20 plan year of a member or participant to whom this Section
54+21 applies shall not exceed $106,800; however, that amount shall
55+22 annually thereafter be increased by the lesser of (i) 3% of
56+23 that amount, including all previous adjustments, or (ii)
57+24 one-half the annual unadjusted percentage increase (but not
58+25 less than zero) in the consumer price index-u for the 12 months
59+26 ending with the September preceding each November 1, including
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61-all previous adjustments.
62-(b-5) For the purposes of this Section, "consumer price
63-index-u" means the index published by the Bureau of Labor
64-Statistics of the United States Department of Labor that
65-measures the average change in prices of goods and services
66-purchased by all urban consumers, United States city average,
67-all items, 1982-84 = 100. The new amount resulting from each
68-annual adjustment shall be determined by the Public Pension
69-Division of the Department of Insurance and made available to
70-the boards of the retirement systems and pension funds by
71-November 1 of each year.
72-(c) Notwithstanding any other provision of this Article,
73-for a person who first becomes a fireman under this Article on
74-or after January 1, 2011, eligibility for and the amount of the
75-annuity to which the qualified surviving spouse, children, and
76-parents of the fireman are entitled under this subsection (c)
77-shall be determined as follows:
78-(1) The surviving spouse of a deceased fireman to whom
79-this Section applies shall be deemed qualified to receive
80-a Tier 2 surviving spouse's annuity under this paragraph
81-(1) if: (i) the deceased fireman meets the requirements
82-specified under subdivision (A), (B), (C), or (D) of this
83-paragraph (1); and (ii) the surviving spouse would not
84-otherwise be excluded from receiving a widow's annuity
85-under the eligibility requirements for a widow's annuity
86-set forth in Section 6-142. The Tier 2 surviving spouse's
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89-annuity is in lieu of the widow's annuity determined under
90-any other Section of this Article and is subject to the
91-requirements of Section 6-143.2.
92-As used in this subsection (c), "earned pension" means
93-a Tier 2 monthly retirement annuity determined under
94-subsection (b) of this Section, including any increases
95-the fireman had received pursuant to Section 6-164.
96-(A) If the deceased fireman was receiving an
97-earned pension at the date of his or her death, the
98-Tier 2 surviving spouse's annuity under this paragraph
99-(1) shall be in the amount of 66 2/3% of the fireman's
100-earned pension at the date of death.
101-(B) If the deceased fireman was not receiving an
102-earned pension but had at least 10 years of service at
103-the time of death, the Tier 2 surviving spouse's
104-annuity under this paragraph (1) shall be the greater
105-of: (i) 30% of the salary attached to the rank of first
106-class firefighter in the classified career service at
107-the time of the fireman's death; or (ii) 66 2/3% of the
108-Tier 2 monthly retirement annuity that the deceased
109-fireman would have been eligible to receive under
110-subsection (b) of this Section, based upon the actual
111-service accrued through the day before the fireman's
112-death, but determined as though the fireman was at
113-least age 55 on the day before his or her death and
114-retired on that day.
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117-(C) If the deceased fireman was an active fireman
118-with at least 1 1/2 but less than 10 years of service
119-at the time of death, the Tier 2 surviving spouse's
120-annuity under this paragraph (1) shall be in the
121-amount of 30% of the salary attached to the rank of
122-first class firefighter in the classified career
123-service at the time of the fireman's death.
124-(D) Notwithstanding subdivisions (A), (B), and (C)
125-of this paragraph (1), if the performance of an act or
126-acts of duty results directly in the death of a fireman
127-subject to this Section, or prevents him from
128-subsequently resuming active service in the fire
129-department, then a surviving spouse who would
130-otherwise meet the eligibility requirements for a
131-death in the line of duty widow's annuity granted
132-under Section 6-140 shall be deemed to be qualified
133-for a Tier 2 surviving spouse's annuity under this
134-subdivision (D); except that no such annuity shall be
135-paid to the surviving spouse of a fireman who dies
136-while in receipt of disability benefits when the
137-fireman's death was caused by an intervening illness
138-or injury unrelated to the illness or injury that had
139-prevented him from subsequently resuming active
140-service in the fire department. The Tier 2 surviving
141-spouse's annuity calculated under this subdivision (D)
142-shall be in lieu of, but in the same amount and paid in
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70+1 all previous adjustments.
71+2 (b-5) For the purposes of this Section, "consumer price
72+3 index-u" means the index published by the Bureau of Labor
73+4 Statistics of the United States Department of Labor that
74+5 measures the average change in prices of goods and services
75+6 purchased by all urban consumers, United States city average,
76+7 all items, 1982-84 = 100. The new amount resulting from each
77+8 annual adjustment shall be determined by the Public Pension
78+9 Division of the Department of Insurance and made available to
79+10 the boards of the retirement systems and pension funds by
80+11 November 1 of each year.
81+12 (c) Notwithstanding any other provision of this Article,
82+13 for a person who first becomes a fireman under this Article on
83+14 or after January 1, 2011, eligibility for and the amount of the
84+15 annuity to which the qualified surviving spouse, children, and
85+16 parents of the fireman are entitled under this subsection (c)
86+17 shall be determined as follows:
87+18 (1) The surviving spouse of a deceased fireman to whom
88+19 this Section applies shall be deemed qualified to receive
89+20 a Tier 2 surviving spouse's annuity under this paragraph
90+21 (1) if: (i) the deceased fireman meets the requirements
91+22 specified under subdivision (A), (B), (C), or (D) of this
92+23 paragraph (1); and (ii) the surviving spouse would not
93+24 otherwise be excluded from receiving a widow's annuity
94+25 under the eligibility requirements for a widow's annuity
95+26 set forth in Section 6-142. The Tier 2 surviving spouse's
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145-the same manner as, the widow's annuity provided under
146-Section 6-140; except that the salary used for
147-computing a Tier 2 surviving spouse's annuity under
148-this subdivision (D) shall be subject to the Tier 2
149-salary cap provided under subsection (b) of this
150-Section.
151-(E) Notwithstanding any other provision of this
152-Article, the monthly Tier 2 surviving spouse's annuity
153-under subdivision (A) or (B) of this paragraph (1)
154-shall be increased on the January 1 next occurring
155-after (i) attainment of age 60 by the recipient of the
156-Tier 2 surviving spouse's annuity or (ii) the first
157-anniversary of the Tier 2 surviving spouse's annuity
158-start date, whichever is later, and on each January 1
159-thereafter, by 3% or one-half the annual unadjusted
160-percentage increase in the consumer price index-u for
161-the 12 months ending with September preceding each
162-November 1, whichever is less, of the originally
163-granted Tier 2 surviving spouse's annuity. If the
164-annual unadjusted percentage change in the consumer
165-price index-u for a 12-month period ending in
166-September is zero or, when compared with the preceding
167-period, decreases, then the annuity shall not be
168-increased.
169-(F) Notwithstanding the other provisions of this
170-paragraph (1), for a qualified surviving spouse who is
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173-entitled to a Tier 2 surviving spouse's annuity under
174-subdivision (A), (B), (C), or (D) of this paragraph
175-(1), that Tier 2 surviving spouse's annuity shall not
176-be less than the amount of the minimum widow's annuity
177-established from time to time under Section 6-128.4.
178-(2) Surviving children of a deceased fireman subject
179-to this Section who would otherwise meet the eligibility
180-requirements for a child's annuity set forth in Sections
181-6-147 and 6-148 shall be deemed qualified to receive a
182-Tier 2 child's annuity under this subsection (c), which
183-shall be in lieu of, but in the same amount and paid in the
184-same manner as, the child's annuity provided under those
185-Sections; except that any salary used for computing a Tier
186-2 child's annuity shall be subject to the Tier 2 salary cap
187-provided under subsection (b) of this Section. For
188-purposes of determining any pro rata reduction in child's
189-annuities under this subsection (c), references in Section
190-6-148 to the combined annuities of the family shall be
191-deemed to refer to the combined Tier 2 surviving spouse's
192-annuity, if any, and the Tier 2 child's annuities payable
193-under this subsection (c).
194-(3) Surviving parents of a deceased fireman subject to
195-this Section who would otherwise meet the eligibility
196-requirements for a parent's annuity set forth in Section
197-6-149 shall be deemed qualified to receive a Tier 2
198-parent's annuity under this subsection (c), which shall be
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201-in lieu of, but in the same amount and paid in the same
202-manner as, the parent's annuity provided under Section
203-6-149; except that any salary used for computing a Tier 2
204-parent's annuity shall be subject to the Tier 2 salary cap
205-provided under subsection (b) of this Section. For the
206-purposes of this Section, a reference to "annuity" in
207-Section 6-149 includes: (i) in the context of a widow, a
208-Tier 2 surviving spouse's annuity and (ii) in the context
209-of a child, a Tier 2 child's annuity.
210-(d) The General Assembly finds and declares that the
211-provisions of this Section, as enacted by Public Act 96-1495,
212-require clarification relating to necessary eligibility
213-standards and the manner of determining and paying the
214-intended Tier 2 benefits and contributions in order to enable
215-the Fund to unambiguously implement and administer benefits
216-for Tier 2 members. The changes to this Section and the
217-conforming changes to Sections 6-150, 6-158, 6-164 (except for
218-the changes to subsection (a) of that Section), 6-166, and
219-6-167 made by this amendatory Act of the 99th General Assembly
220-are enacted to clarify the provisions of this Section as
221-enacted by Public Act 96-1495, and are hereby declared to
222-represent and be consistent with the original and continuing
223-intent of this Section and Public Act 96-1495.
224-(e) The changes to Sections 6-150, 6-158, 6-164 (except
225-for the changes to subsection (a) of that Section), 6-166, and
226-6-167 made by this amendatory Act of the 99th General Assembly
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106+1 annuity is in lieu of the widow's annuity determined under
107+2 any other Section of this Article and is subject to the
108+3 requirements of Section 6-143.2.
109+4 As used in this subsection (c), "earned pension" means
110+5 a Tier 2 monthly retirement annuity determined under
111+6 subsection (b) of this Section, including any increases
112+7 the fireman had received pursuant to Section 6-164.
113+8 (A) If the deceased fireman was receiving an
114+9 earned pension at the date of his or her death, the
115+10 Tier 2 surviving spouse's annuity under this paragraph
116+11 (1) shall be in the amount of 66 2/3% of the fireman's
117+12 earned pension at the date of death.
118+13 (B) If the deceased fireman was not receiving an
119+14 earned pension but had at least 10 years of service at
120+15 the time of death, the Tier 2 surviving spouse's
121+16 annuity under this paragraph (1) shall be the greater
122+17 of: (i) 30% of the salary attached to the rank of first
123+18 class firefighter in the classified career service at
124+19 the time of the fireman's death; or (ii) 66 2/3% of the
125+20 Tier 2 monthly retirement annuity that the deceased
126+21 fireman would have been eligible to receive under
127+22 subsection (b) of this Section, based upon the actual
128+23 service accrued through the day before the fireman's
129+24 death, but determined as though the fireman was at
130+25 least age 55 on the day before his or her death and
131+26 retired on that day.
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229-are intended to be retroactive to January 1, 2011 (the
230-effective date of Public Act 96-1495) and, for the purposes of
231-Section 1-103.1 of this Code, they apply without regard to
232-whether the relevant fireman was in service on or after the
233-effective date of this amendatory Act of the 99th General
234-Assembly.
235-(Source: P.A. 99-905, eff. 11-29-16.)
236-Section 90. The State Mandates Act is amended by adding
237-Section 8.47 as follows:
238-(30 ILCS 805/8.47 new)
239-Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
240-8 of this Act, no reimbursement by the State is required for
241-the implementation of any mandate created by this amendatory
242-Act of the 103rd General Assembly.
243-Section 99. Effective date. This Act takes effect upon
244-becoming law.
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142+1 (C) If the deceased fireman was an active fireman
143+2 with at least 1 1/2 but less than 10 years of service
144+3 at the time of death, the Tier 2 surviving spouse's
145+4 annuity under this paragraph (1) shall be in the
146+5 amount of 30% of the salary attached to the rank of
147+6 first class firefighter in the classified career
148+7 service at the time of the fireman's death.
149+8 (D) Notwithstanding subdivisions (A), (B), and (C)
150+9 of this paragraph (1), if the performance of an act or
151+10 acts of duty results directly in the death of a fireman
152+11 subject to this Section, or prevents him from
153+12 subsequently resuming active service in the fire
154+13 department, then a surviving spouse who would
155+14 otherwise meet the eligibility requirements for a
156+15 death in the line of duty widow's annuity granted
157+16 under Section 6-140 shall be deemed to be qualified
158+17 for a Tier 2 surviving spouse's annuity under this
159+18 subdivision (D); except that no such annuity shall be
160+19 paid to the surviving spouse of a fireman who dies
161+20 while in receipt of disability benefits when the
162+21 fireman's death was caused by an intervening illness
163+22 or injury unrelated to the illness or injury that had
164+23 prevented him from subsequently resuming active
165+24 service in the fire department. The Tier 2 surviving
166+25 spouse's annuity calculated under this subdivision (D)
167+26 shall be in lieu of, but in the same amount and paid in
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178+1 the same manner as, the widow's annuity provided under
179+2 Section 6-140; except that the salary used for
180+3 computing a Tier 2 surviving spouse's annuity under
181+4 this subdivision (D) shall be subject to the Tier 2
182+5 salary cap provided under subsection (b) of this
183+6 Section.
184+7 (E) Notwithstanding any other provision of this
185+8 Article, the monthly Tier 2 surviving spouse's annuity
186+9 under subdivision (A) or (B) of this paragraph (1)
187+10 shall be increased on the January 1 next occurring
188+11 after (i) attainment of age 60 by the recipient of the
189+12 Tier 2 surviving spouse's annuity or (ii) the first
190+13 anniversary of the Tier 2 surviving spouse's annuity
191+14 start date, whichever is later, and on each January 1
192+15 thereafter, by 3% or one-half the annual unadjusted
193+16 percentage increase in the consumer price index-u for
194+17 the 12 months ending with September preceding each
195+18 November 1, whichever is less, of the originally
196+19 granted Tier 2 surviving spouse's annuity. If the
197+20 annual unadjusted percentage change in the consumer
198+21 price index-u for a 12-month period ending in
199+22 September is zero or, when compared with the preceding
200+23 period, decreases, then the annuity shall not be
201+24 increased.
202+25 (F) Notwithstanding the other provisions of this
203+26 paragraph (1), for a qualified surviving spouse who is
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214+1 entitled to a Tier 2 surviving spouse's annuity under
215+2 subdivision (A), (B), (C), or (D) of this paragraph
216+3 (1), that Tier 2 surviving spouse's annuity shall not
217+4 be less than the amount of the minimum widow's annuity
218+5 established from time to time under Section 6-128.4.
219+6 (2) Surviving children of a deceased fireman subject
220+7 to this Section who would otherwise meet the eligibility
221+8 requirements for a child's annuity set forth in Sections
222+9 6-147 and 6-148 shall be deemed qualified to receive a
223+10 Tier 2 child's annuity under this subsection (c), which
224+11 shall be in lieu of, but in the same amount and paid in the
225+12 same manner as, the child's annuity provided under those
226+13 Sections; except that any salary used for computing a Tier
227+14 2 child's annuity shall be subject to the Tier 2 salary cap
228+15 provided under subsection (b) of this Section. For
229+16 purposes of determining any pro rata reduction in child's
230+17 annuities under this subsection (c), references in Section
231+18 6-148 to the combined annuities of the family shall be
232+19 deemed to refer to the combined Tier 2 surviving spouse's
233+20 annuity, if any, and the Tier 2 child's annuities payable
234+21 under this subsection (c).
235+22 (3) Surviving parents of a deceased fireman subject to
236+23 this Section who would otherwise meet the eligibility
237+24 requirements for a parent's annuity set forth in Section
238+25 6-149 shall be deemed qualified to receive a Tier 2
239+26 parent's annuity under this subsection (c), which shall be
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250+1 in lieu of, but in the same amount and paid in the same
251+2 manner as, the parent's annuity provided under Section
252+3 6-149; except that any salary used for computing a Tier 2
253+4 parent's annuity shall be subject to the Tier 2 salary cap
254+5 provided under subsection (b) of this Section. For the
255+6 purposes of this Section, a reference to "annuity" in
256+7 Section 6-149 includes: (i) in the context of a widow, a
257+8 Tier 2 surviving spouse's annuity and (ii) in the context
258+9 of a child, a Tier 2 child's annuity.
259+10 (d) The General Assembly finds and declares that the
260+11 provisions of this Section, as enacted by Public Act 96-1495,
261+12 require clarification relating to necessary eligibility
262+13 standards and the manner of determining and paying the
263+14 intended Tier 2 benefits and contributions in order to enable
264+15 the Fund to unambiguously implement and administer benefits
265+16 for Tier 2 members. The changes to this Section and the
266+17 conforming changes to Sections 6-150, 6-158, 6-164 (except for
267+18 the changes to subsection (a) of that Section), 6-166, and
268+19 6-167 made by this amendatory Act of the 99th General Assembly
269+20 are enacted to clarify the provisions of this Section as
270+21 enacted by Public Act 96-1495, and are hereby declared to
271+22 represent and be consistent with the original and continuing
272+23 intent of this Section and Public Act 96-1495.
273+24 (e) The changes to Sections 6-150, 6-158, 6-164 (except
274+25 for the changes to subsection (a) of that Section), 6-166, and
275+26 6-167 made by this amendatory Act of the 99th General Assembly
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286+1 are intended to be retroactive to January 1, 2011 (the
287+2 effective date of Public Act 96-1495) and, for the purposes of
288+3 Section 1-103.1 of this Code, they apply without regard to
289+4 whether the relevant fireman was in service on or after the
290+5 effective date of this amendatory Act of the 99th General
291+6 Assembly.
292+7 (Source: P.A. 99-905, eff. 11-29-16.)
293+8 Section 90. The State Mandates Act is amended by adding
294+9 Section 8.47 as follows:
295+10 (30 ILCS 805/8.47 new)
296+11 Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
297+12 8 of this Act, no reimbursement by the State is required for
298+13 the implementation of any mandate created by this amendatory
299+14 Act of the 103rd General Assembly.
300+15 Section 99. Effective date. This Act takes effect upon
301+16 becoming law.
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