Illinois 2025-2026 Regular Session

Illinois House Bill HB0079 Compare Versions

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1-HB0079 EngrossedLRB104 03202 RPS 13223 b HB0079 Engrossed LRB104 03202 RPS 13223 b
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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0079 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED: 40 ILCS 5/7-144 from Ch. 108 1/2, par. 7-144 Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. In a provision concerning suspensions of retirement annuities during employment with a participating employer, provides that an annuitant receiving a sheriff's law enforcement employee annuity shall be considered a participating employee if the annuitant returns to work as a school security guard employed by a participating employer and works more than 999 hours annually. Effective immediately. LRB104 03202 RPS 13223 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0079 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED: 40 ILCS 5/7-144 from Ch. 108 1/2, par. 7-144 40 ILCS 5/7-144 from Ch. 108 1/2, par. 7-144 Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. In a provision concerning suspensions of retirement annuities during employment with a participating employer, provides that an annuitant receiving a sheriff's law enforcement employee annuity shall be considered a participating employee if the annuitant returns to work as a school security guard employed by a participating employer and works more than 999 hours annually. Effective immediately. LRB104 03202 RPS 13223 b LRB104 03202 RPS 13223 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0079 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED:
3+40 ILCS 5/7-144 from Ch. 108 1/2, par. 7-144 40 ILCS 5/7-144 from Ch. 108 1/2, par. 7-144
4+40 ILCS 5/7-144 from Ch. 108 1/2, par. 7-144
5+Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. In a provision concerning suspensions of retirement annuities during employment with a participating employer, provides that an annuitant receiving a sheriff's law enforcement employee annuity shall be considered a participating employee if the annuitant returns to work as a school security guard employed by a participating employer and works more than 999 hours annually. Effective immediately.
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311 1 AN ACT concerning public employee benefits.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Illinois Pension Code is amended by
715 5 changing Section 7-144 as follows:
816 6 (40 ILCS 5/7-144) (from Ch. 108 1/2, par. 7-144)
917 7 Sec. 7-144. Retirement annuities; suspended during
1018 8 employment.
1119 9 (a) If any person receiving any annuity again becomes an
1220 10 employee and receives earnings from employment in a position
1321 11 requiring him, or entitling him to elect, to become a
1422 12 participating employee, then the annuity payable to such
1523 13 employee shall be suspended as of the first day of the month
1624 14 coincidental with or next following the date upon which such
1725 15 person becomes such an employee, unless the person is
1826 16 authorized under subsection (b) of Section 7-137.1 of this
1927 17 Code to continue receiving a retirement annuity during that
2028 18 period. Upon proper qualification of the participating
2129 19 employee payment of such annuity may be resumed on the first
2230 20 day of the month following such qualification and upon proper
2331 21 application therefor. The participating employee in such case
2432 22 shall be entitled to a supplemental annuity arising from
2533 23 service and credits earned subsequent to such re-entry as a
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37+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0079 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED:
38+40 ILCS 5/7-144 from Ch. 108 1/2, par. 7-144 40 ILCS 5/7-144 from Ch. 108 1/2, par. 7-144
39+40 ILCS 5/7-144 from Ch. 108 1/2, par. 7-144
40+Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. In a provision concerning suspensions of retirement annuities during employment with a participating employer, provides that an annuitant receiving a sheriff's law enforcement employee annuity shall be considered a participating employee if the annuitant returns to work as a school security guard employed by a participating employer and works more than 999 hours annually. Effective immediately.
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3468 1 participating employee.
3569 2 Notwithstanding any other provision of this Article, an
3670 3 annuitant shall be considered a participating employee if he
3771 4 or she returns to work as an employee with a participating
3872 5 employer and works more than 599 hours annually (or 999 hours
3973 6 annually with a participating employer that has adopted a
4074 7 resolution pursuant to subsection (e) of Section 7-137 of this
4175 8 Code). Each of these annual periods shall commence on the
4276 9 month and day upon which the annuitant is first employed with
4377 10 the participating employer following the effective date of the
4478 11 annuity.
4579 12 Notwithstanding any other provision of this Article, an
4680 13 annuitant receiving an annuity under Section 7-142.1 shall be
4781 14 considered a participating employee if the annuitant returns
4882 15 to work as a school security guard employed by a participating
4983 16 employer and works more than 999 hours annually.
5084 17 (a-5) If any annuitant under this Article must be
5185 18 considered a participating employee per the provisions of
5286 19 subsection (a) of this Section, and the participating
5387 20 municipality or participating instrumentality that employs or
5488 21 re-employs that annuitant knowingly fails to notify the Board
5589 22 to suspend the annuity, the participating municipality or
5690 23 participating instrumentality may be required to reimburse the
5791 24 Fund for an amount up to one-half of the total of any annuity
5892 25 payments made to the annuitant after the date the annuity
5993 26 should have been suspended, as determined by the Board. In no
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70104 1 case shall the total amount repaid by the annuitant plus any
71105 2 amount reimbursed by the employer to the Fund be more than the
72106 3 total of all annuity payments made to the annuitant after the
73107 4 date the annuity should have been suspended. This subsection
74108 5 shall not apply if the annuitant returned to work for the
75109 6 employer for less than 12 months.
76110 7 The Fund shall notify all annuitants that they must notify
77111 8 the Fund immediately if they return to work for any
78112 9 participating employer. The notification by the Fund shall
79113 10 occur upon retirement and no less than annually thereafter in
80114 11 a format determined by the Fund. The Fund shall also develop
81115 12 and maintain a system to track annuitants who have returned to
82116 13 work and notify the participating employer and annuitant at
83117 14 least annually of the limitations on returning to work under
84118 15 this Section.
85119 16 (b) Supplemental annuities to persons who return to
86120 17 service for less than 48 months shall be computed under the
87121 18 provisions of Sections 7-141, 7-142, and 7-143. In determining
88122 19 whether an employee is eligible for an annuity which requires
89123 20 a minimum period of service, his entire period of service
90124 21 shall be taken into consideration but the supplemental annuity
91125 22 shall be based on earnings and service in the supplemental
92126 23 period only. The effective date of the suspended and
93127 24 supplemental annuity for the purpose of increases after
94128 25 retirement shall be considered to be the effective date of the
95129 26 suspended annuity.
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106140 1 (c) Supplemental annuities to persons who return to
107141 2 service for 48 months or more shall be a monthly amount
108142 3 determined as follows:
109143 4 (1) An amount shall be computed under subparagraph b
110144 5 of paragraph (1) of subsection (a) of Section 7-142,
111145 6 considering all of the service credits of the employee.
112146 7 (2) The actuarial value in monthly payments for life
113147 8 of the annuity payments made before suspension shall be
114148 9 determined and subtracted from the amount determined in
115149 10 paragraph (1) above.
116150 11 (3) The monthly amount of the suspended annuity, with
117151 12 any applicable increases after retirement computed from
118152 13 the effective date to the date of reinstatement, shall be
119153 14 subtracted from the amount determined in paragraph (2)
120154 15 above and the remainder shall be the amount of the
121155 16 supplemental annuity provided that this amount shall not
122156 17 be less than the amount computed under subsection (b) of
123157 18 this Section.
124158 19 (4) The suspended annuity shall be reinstated at an
125159 20 amount including any increases after retirement from the
126160 21 effective date to date of reinstatement.
127161 22 (5) The effective date of the combined suspended and
128162 23 supplemental annuities for the purposes of increases after
129163 24 retirement shall be considered to be the effective date of
130164 25 the supplemental annuity.
131165 26 (d) If a Tier 2 regular employee becomes a member or
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142176 1 participant under any other system or fund created by this
143177 2 Code and is employed on a full-time basis, except for those
144178 3 members or participants exempted from the provisions of
145179 4 subsection (a) of Section 1-160 of this Code (other than a
146180 5 participating employee under this Article), then the person's
147181 6 retirement annuity shall be suspended during that employment.
148182 7 Upon termination of that employment, the person's retirement
149183 8 annuity shall resume and be recalculated as required by this
150184 9 Section.
151185 10 (e) If a Tier 2 regular employee first began participation
152186 11 on or after January 1, 2012 and is receiving a retirement
153187 12 annuity and accepts on a contractual basis a position to
154188 13 provide services to a governmental entity from which he or she
155189 14 has retired, then that person's annuity or retirement pension
156190 15 shall be suspended during that contractual service,
157191 16 notwithstanding the provisions of any other Section in this
158192 17 Article. Such annuitant shall notify the Fund, as well as his
159193 18 or her contractual employer, of his or her retirement status
160194 19 before accepting contractual employment. A person who fails to
161195 20 submit such notification shall be guilty of a Class A
162196 21 misdemeanor and required to pay a fine of $1,000. Upon
163197 22 termination of that contractual employment, the person's
164198 23 retirement annuity shall resume and be recalculated as
165199 24 required by this Section.
166200 25 (Source: P.A. 102-210, eff. 1-1-22; 103-154, eff. 6-30-23.)
167201 26 Section 99. Effective date. This Act takes effect upon
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