Public Act 102-0342
 
HB0275 EnrolledLRB102 10029 RPS 15349 b


  
    AN ACT concerning public employee benefits.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Illinois Pension Code is amended  by adding 
Section 3-110.11a and by changing Sections 8-151 and 8-165 as 
follows:
 
    (40 ILCS 5/3-110.11a new)
    Sec. 3-110.11a. Optional credit under Article 5. A police 
officer may establish optional credit for up to 5 years of 
service as a participant under Article 5, provided that the 
police officer (i) was certified under the law governing the 
certification of police officers at the time the service was 
rendered, (ii) applies in writing on or before December 31, 
2023, (iii) supplies satisfactory evidence of the employment, 
(iv) completes 10 years of contributing service as a police 
officer as defined in Section 3-106, and (v) pays into the fund 
the amount the police officer would have contributed if he or 
she had been a regular contributor during such period, plus an 
amount determined by the Board to be equal to the 
municipality's normal cost of the benefit, plus interest at 
the actuarially assumed rate calculated from the date the 
employee last became a police officer under this Article.
    A police officer may not establish credit under this 
Section for any service for which the police officer is 
eligible to receive benefits under Article 5 of this Code.
 



    (40 ILCS 5/8-151)  (from Ch. 108 1/2, par. 8-151)



    Sec. 8-151. Compensation annuity and supplemental annuity. 

    When annuity otherwise provided in this Article for the 
widow of an
employee whose death results solely from injury 
incurred in the performance
of an act of duty is less than 60% 
of his salary in effect at the time of
the injury, 
"Compensation Annuity" equal to the difference between such

annuity and 60% of such salary, shall be payable to her until 
the date when
the employee, if alive, would have attained age 
65; and in any case where
the employee's death is only partly 
due to the duty incurred injury, the
"Compensation Annuity" 
shall be based on an amount equal to 40% of such
salary.

    Thereafter, the widow shall be entitled to "Supplemental 
Annuity" equal
to the difference between the annuity otherwise 
provided in this Article
and the annuity to which she would be 
entitled if the employee had lived
and continued in the 
service at the salary in effect at the date of the
injury until 
he attained age 65, and based upon her age as it would be on

the date he would have attained 65.

    "Compensation" or "Supplemental Annuity" shall not be 
payable unless the
widow was the wife of the employee when the 
injury was incurred.

    The city shall contribute to the fund each year the amount 
required for
all compensation annuities payable during any 
such year. Supplemental
Annuity shall be provided from city 
contributions after the date of the
employee's death of such 
equal sums annually which when improved by
interest at the 
effective rate, will be sufficient, at the time payment of

Compensation Annuity to the widow ceases to provide 
Supplemental Annuity,
as stated, for the widow throughout her 
life thereafter.

    Unless the performance of an act or acts of duty results 
solely in the death of the employee, the annuity provided in 
this Section shall not be paid.  For the purposes of this 
Section only, the death of any employee as a result of the 
exposure to and contraction of COVID-19, as evidenced by 
either (i) a confirmed positive laboratory test for COVID-19 
or COVID-19 antibodies or (ii) a confirmed diagnosis of 
COVID-19 from a licensed medical professional, shall be 
rebuttably presumed to have been contracted while in the 
performance of an act or acts of duty and the employee shall be 
rebuttably presumed to have been fatally injured while in 
active service. The presumption shall apply to any employee 
who was exposed to and contracted COVID-19 on or after March 9, 
2020 and on or before June 30, 2021; except that the 
presumption shall not apply if the employee was on a leave of 
absence from his or her employment or otherwise not required 
to report for duty at the physical work space generally 
assigned to the employee, including, but not limited to, 
working remotely, for a period of 14 or more consecutive days 
immediately prior to the date of contraction of COVID-19. For 
the purposes of determining when an employee contracted 
COVID-19 under this paragraph, the date of contraction is 
either the date that the employee was diagnosed with COVID-19 
or was unable to work due to symptoms that were later diagnosed 
as COVID-19, whichever occurred first. 
(Source: Laws 1963, p. 161.)

 



    (40 ILCS 5/8-165)  (from Ch. 108 1/2, par. 8-165)



    Sec. 8-165. Re-entry into service. 
    (a) Except as provided in subsection (c), when When an 
employee receiving age and service or prior service
annuity 
who has withdrawn from service after the effective date

re-enters service before age 65, any annuity previously 
granted and any
annuity fixed for his wife shall be cancelled. 
The employee shall be
credited for annuity purposes with sums 
sufficient to provide annuities
equal to those cancelled, as 
of their ages on the date of re-entry;
provided, the maximum 
age of the wife for this purpose shall be as
provided in 
Section 8-155 of this Article.

    The sums so credited shall provide for annuities to be 
fixed and
granted in the future. Contributions by the 
employees
and the city for
the purposes of this Article shall 
be made, and when the proper time
arrives, as provided in this 
Article, new annuities based upon the total
credit for annuity 
purposes and the entire term of his service shall be
fixed for 
the employee and his wife.

    If the employee's wife died before he re-entered service, 
no part of
any credits for widow's or widow's prior service 
annuity at the time
annuity for his wife was fixed shall be 
credited upon re-entry into
service, and no such sums shall 
thereafter be used to provide such
annuity.

    (b) Except as provided in subsection (c), when When an 
employee re-enters service after age 65, payments on
account 
of any annuity previously granted shall be suspended during 
the
time thereafter that he is in service, and when he again 
withdraws,
annuity payments shall be resumed. If the employee 
dies in service, his
widow shall receive the amount of annuity 
previously fixed for her.

    (c) For school years beginning on or after July 1, 2021, an 
age and service or prior service
annuity shall not be 
cancelled in the case of an employee who is re-employed by the 
Board of Education of the city as a Special Education 
Classroom Assistant or Classroom Assistant on a temporary and 
non-annual basis or on an hourly basis so long as the person: 
(1)  does not work for compensation on more than 120 days in a 
school year; or     (2)  does not accept gross compensation for the 
re-employment in a school year in excess of $30,000. These 
limitations apply only to school years that begin on or after 
July 1, 2021. Re-employment under this subsection does not 
require  contributions, result in service credit being earned 
or granted, or constitute active participation in the Fund. 
(Source: P.A. 81-1536.)


 
    Section 90. The State Mandates Act is amended by adding 
Section 8.45 as follows:
 
    (30 ILCS 805/8.45 new)
    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and 
8 of this Act, no reimbursement by the State is required for 
the implementation of any mandate created by this amendatory 
Act of the 102nd General Assembly.
 
    Section 999. Effective date. This Act takes effect upon 
becoming law.