1 | | - | HB0079 EngrossedLRB104 03202 RPS 13223 b HB0079 Engrossed LRB104 03202 RPS 13223 b |
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2 | | - | 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 |
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| 2 | + | 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0079 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED: |
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| 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 |
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| 4 | + | 40 ILCS 5/7-144 from Ch. 108 1/2, par. 7-144 |
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| 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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| 6 | + | LRB104 03202 RPS 13223 b LRB104 03202 RPS 13223 b |
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| 7 | + | LRB104 03202 RPS 13223 b |
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| 8 | + | A BILL FOR |
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| 9 | + | HB0079LRB104 03202 RPS 13223 b HB0079 LRB104 03202 RPS 13223 b |
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| 10 | + | HB0079 LRB104 03202 RPS 13223 b |
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3 | 11 | | 1 AN ACT concerning public employee benefits. |
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4 | 12 | | 2 Be it enacted by the People of the State of Illinois, |
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5 | 13 | | 3 represented in the General Assembly: |
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6 | 14 | | 4 Section 5. The Illinois Pension Code is amended by |
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7 | 15 | | 5 changing Section 7-144 as follows: |
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8 | 16 | | 6 (40 ILCS 5/7-144) (from Ch. 108 1/2, par. 7-144) |
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9 | 17 | | 7 Sec. 7-144. Retirement annuities; suspended during |
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10 | 18 | | 8 employment. |
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11 | 19 | | 9 (a) If any person receiving any annuity again becomes an |
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12 | 20 | | 10 employee and receives earnings from employment in a position |
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13 | 21 | | 11 requiring him, or entitling him to elect, to become a |
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14 | 22 | | 12 participating employee, then the annuity payable to such |
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15 | 23 | | 13 employee shall be suspended as of the first day of the month |
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16 | 24 | | 14 coincidental with or next following the date upon which such |
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17 | 25 | | 15 person becomes such an employee, unless the person is |
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18 | 26 | | 16 authorized under subsection (b) of Section 7-137.1 of this |
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19 | 27 | | 17 Code to continue receiving a retirement annuity during that |
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20 | 28 | | 18 period. Upon proper qualification of the participating |
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21 | 29 | | 19 employee payment of such annuity may be resumed on the first |
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22 | 30 | | 20 day of the month following such qualification and upon proper |
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23 | 31 | | 21 application therefor. The participating employee in such case |
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24 | 32 | | 22 shall be entitled to a supplemental annuity arising from |
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25 | 33 | | 23 service and credits earned subsequent to such re-entry as a |
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26 | 34 | | |
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27 | 35 | | |
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28 | 36 | | |
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29 | | - | HB0079 Engrossed LRB104 03202 RPS 13223 b |
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| 37 | + | 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0079 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED: |
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| 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 |
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| 39 | + | 40 ILCS 5/7-144 from Ch. 108 1/2, par. 7-144 |
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| 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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| 41 | + | LRB104 03202 RPS 13223 b LRB104 03202 RPS 13223 b |
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| 42 | + | LRB104 03202 RPS 13223 b |
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| 43 | + | A BILL FOR |
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34 | 68 | | 1 participating employee. |
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35 | 69 | | 2 Notwithstanding any other provision of this Article, an |
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36 | 70 | | 3 annuitant shall be considered a participating employee if he |
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37 | 71 | | 4 or she returns to work as an employee with a participating |
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38 | 72 | | 5 employer and works more than 599 hours annually (or 999 hours |
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39 | 73 | | 6 annually with a participating employer that has adopted a |
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40 | 74 | | 7 resolution pursuant to subsection (e) of Section 7-137 of this |
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41 | 75 | | 8 Code). Each of these annual periods shall commence on the |
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42 | 76 | | 9 month and day upon which the annuitant is first employed with |
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43 | 77 | | 10 the participating employer following the effective date of the |
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44 | 78 | | 11 annuity. |
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45 | 79 | | 12 Notwithstanding any other provision of this Article, an |
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46 | 80 | | 13 annuitant receiving an annuity under Section 7-142.1 shall be |
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47 | 81 | | 14 considered a participating employee if the annuitant returns |
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48 | 82 | | 15 to work as a school security guard employed by a participating |
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49 | 83 | | 16 employer and works more than 999 hours annually. |
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50 | 84 | | 17 (a-5) If any annuitant under this Article must be |
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51 | 85 | | 18 considered a participating employee per the provisions of |
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52 | 86 | | 19 subsection (a) of this Section, and the participating |
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53 | 87 | | 20 municipality or participating instrumentality that employs or |
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54 | 88 | | 21 re-employs that annuitant knowingly fails to notify the Board |
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55 | 89 | | 22 to suspend the annuity, the participating municipality or |
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56 | 90 | | 23 participating instrumentality may be required to reimburse the |
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57 | 91 | | 24 Fund for an amount up to one-half of the total of any annuity |
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58 | 92 | | 25 payments made to the annuitant after the date the annuity |
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59 | 93 | | 26 should have been suspended, as determined by the Board. In no |
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60 | 94 | | |
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61 | 95 | | |
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62 | 96 | | |
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63 | 97 | | |
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64 | 98 | | |
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70 | 104 | | 1 case shall the total amount repaid by the annuitant plus any |
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71 | 105 | | 2 amount reimbursed by the employer to the Fund be more than the |
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72 | 106 | | 3 total of all annuity payments made to the annuitant after the |
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73 | 107 | | 4 date the annuity should have been suspended. This subsection |
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74 | 108 | | 5 shall not apply if the annuitant returned to work for the |
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75 | 109 | | 6 employer for less than 12 months. |
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76 | 110 | | 7 The Fund shall notify all annuitants that they must notify |
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77 | 111 | | 8 the Fund immediately if they return to work for any |
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78 | 112 | | 9 participating employer. The notification by the Fund shall |
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79 | 113 | | 10 occur upon retirement and no less than annually thereafter in |
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80 | 114 | | 11 a format determined by the Fund. The Fund shall also develop |
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81 | 115 | | 12 and maintain a system to track annuitants who have returned to |
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82 | 116 | | 13 work and notify the participating employer and annuitant at |
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83 | 117 | | 14 least annually of the limitations on returning to work under |
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84 | 118 | | 15 this Section. |
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85 | 119 | | 16 (b) Supplemental annuities to persons who return to |
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86 | 120 | | 17 service for less than 48 months shall be computed under the |
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87 | 121 | | 18 provisions of Sections 7-141, 7-142, and 7-143. In determining |
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88 | 122 | | 19 whether an employee is eligible for an annuity which requires |
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89 | 123 | | 20 a minimum period of service, his entire period of service |
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90 | 124 | | 21 shall be taken into consideration but the supplemental annuity |
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91 | 125 | | 22 shall be based on earnings and service in the supplemental |
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92 | 126 | | 23 period only. The effective date of the suspended and |
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93 | 127 | | 24 supplemental annuity for the purpose of increases after |
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94 | 128 | | 25 retirement shall be considered to be the effective date of the |
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95 | 129 | | 26 suspended annuity. |
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96 | 130 | | |
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97 | 131 | | |
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98 | 132 | | |
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99 | 133 | | |
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100 | 134 | | |
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106 | 140 | | 1 (c) Supplemental annuities to persons who return to |
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107 | 141 | | 2 service for 48 months or more shall be a monthly amount |
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108 | 142 | | 3 determined as follows: |
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109 | 143 | | 4 (1) An amount shall be computed under subparagraph b |
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110 | 144 | | 5 of paragraph (1) of subsection (a) of Section 7-142, |
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111 | 145 | | 6 considering all of the service credits of the employee. |
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112 | 146 | | 7 (2) The actuarial value in monthly payments for life |
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113 | 147 | | 8 of the annuity payments made before suspension shall be |
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114 | 148 | | 9 determined and subtracted from the amount determined in |
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115 | 149 | | 10 paragraph (1) above. |
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116 | 150 | | 11 (3) The monthly amount of the suspended annuity, with |
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117 | 151 | | 12 any applicable increases after retirement computed from |
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118 | 152 | | 13 the effective date to the date of reinstatement, shall be |
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119 | 153 | | 14 subtracted from the amount determined in paragraph (2) |
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120 | 154 | | 15 above and the remainder shall be the amount of the |
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121 | 155 | | 16 supplemental annuity provided that this amount shall not |
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122 | 156 | | 17 be less than the amount computed under subsection (b) of |
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123 | 157 | | 18 this Section. |
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124 | 158 | | 19 (4) The suspended annuity shall be reinstated at an |
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125 | 159 | | 20 amount including any increases after retirement from the |
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126 | 160 | | 21 effective date to date of reinstatement. |
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127 | 161 | | 22 (5) The effective date of the combined suspended and |
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128 | 162 | | 23 supplemental annuities for the purposes of increases after |
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129 | 163 | | 24 retirement shall be considered to be the effective date of |
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130 | 164 | | 25 the supplemental annuity. |
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131 | 165 | | 26 (d) If a Tier 2 regular employee becomes a member or |
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132 | 166 | | |
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133 | 167 | | |
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134 | 168 | | |
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135 | 169 | | |
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136 | 170 | | |
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142 | 176 | | 1 participant under any other system or fund created by this |
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143 | 177 | | 2 Code and is employed on a full-time basis, except for those |
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144 | 178 | | 3 members or participants exempted from the provisions of |
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145 | 179 | | 4 subsection (a) of Section 1-160 of this Code (other than a |
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146 | 180 | | 5 participating employee under this Article), then the person's |
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147 | 181 | | 6 retirement annuity shall be suspended during that employment. |
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148 | 182 | | 7 Upon termination of that employment, the person's retirement |
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149 | 183 | | 8 annuity shall resume and be recalculated as required by this |
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150 | 184 | | 9 Section. |
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151 | 185 | | 10 (e) If a Tier 2 regular employee first began participation |
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152 | 186 | | 11 on or after January 1, 2012 and is receiving a retirement |
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153 | 187 | | 12 annuity and accepts on a contractual basis a position to |
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154 | 188 | | 13 provide services to a governmental entity from which he or she |
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155 | 189 | | 14 has retired, then that person's annuity or retirement pension |
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156 | 190 | | 15 shall be suspended during that contractual service, |
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157 | 191 | | 16 notwithstanding the provisions of any other Section in this |
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158 | 192 | | 17 Article. Such annuitant shall notify the Fund, as well as his |
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159 | 193 | | 18 or her contractual employer, of his or her retirement status |
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160 | 194 | | 19 before accepting contractual employment. A person who fails to |
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161 | 195 | | 20 submit such notification shall be guilty of a Class A |
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162 | 196 | | 21 misdemeanor and required to pay a fine of $1,000. Upon |
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163 | 197 | | 22 termination of that contractual employment, the person's |
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164 | 198 | | 23 retirement annuity shall resume and be recalculated as |
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165 | 199 | | 24 required by this Section. |
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166 | 200 | | 25 (Source: P.A. 102-210, eff. 1-1-22; 103-154, eff. 6-30-23.) |
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167 | 201 | | 26 Section 99. Effective date. This Act takes effect upon |
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