Public Act 099-0578
 
SB2817 EnrolledLRB099 19804 RPS 44203 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 changing 
Sections 9-158, 9-166, and 9-179.2 and by adding Sections 
9-108.3 and 9-241 as follows:
 
    (40 ILCS 5/9-108.3 new)
    Sec. 9-108.3. In service.
    "In service": Any period during which contributions are 
being made to the Fund on behalf of an employee.
 



    (40 ILCS 5/9-158)  (from Ch. 108 1/2, par. 9-158)



    Sec. 9-158. Proof of disability, duty and ordinary. Proof 
of duty or ordinary disability shall be furnished to the board 
by
at least one licensed and practicing physician appointed by 
the board, except that this requirement may be waived by the 
board for proof of duty disability if the employee has been 
compensated by the county for such disability or specific loss 
under the Workers' Compensation Act or Workers' Occupational 
Diseases Act.  The physician requirement may also be waived by 
the board for ordinary disability maternity claims of up to 8 
weeks. With respect to duty disability, satisfactory proof must 
be provided to the board that the final adjudication of the 
claim required under subsection (d) of Section 9-159 
established that the disability or death resulted from an 
injury incurred in the performance of an act or acts of duty. 
The
board may require other evidence of disability. Each 
disabled employee who
receives duty or ordinary disability 
benefit shall be examined at least
once a year by one or more 
licensed and practicing physicians appointed by
the board. When 
the disability ceases, the board shall discontinue payment
of 
the benefit and the employee shall be returned to active 
service.

(Source: P.A. 95-1036, eff. 2-17-09.)

 



    (40 ILCS 5/9-166)  (from Ch. 108 1/2, par. 9-166)



    Sec. 9-166. Refunds - When paid to beneficiary, children or 
estate. Whenever the total amount accumulated to the account of 
a deceased
employee from employee contributions for
annuity 
purposes, and from
employee contributions applied to any county 
pension fund superseded by
this fund, have not been paid to 
him, and in the case of a married male
employee to the employee 
and his widow together, in form of annuity or
refund before the 
death of the last of such persons, a refund shall be
payable as 
follows:

    An amount equal to the excess of such amounts over the 
amounts paid
on any annuity or annuities or refund, without 
interest upon either of
such amounts, shall be refunded to a 
beneficiary theretofore designated
by the employee in writing, 
signed by him before an officer authorized
to administer oaths, 
and filed with the board before the employee's
death.

    If there is no designated beneficiary or the beneficiary 
does not
survive the employee, the amount shall be refunded to 
the employee's
children, in equal parts with the children of a 
deceased child taking
the share of their parent. If there is no 
designated beneficiary or
children, the refund shall be paid to 
the administrator or executor of
the employee's estate.

    If an administrator or executor of the estate has not been 
appointed
within 90 days from the date the refund became 
payable the refund may be
applied in the discretion of the 
board toward the payment of the
employee's burial expenses. Any 
remaining balance shall be paid to the
heirs of the employee 
according to the law of descent and distribution
of this state 
but assuming for the purpose of such payment of refund and

determination of heirs that the deceased male employee left no 
widow
surviving in those cases where a widow eligible for 
widow's annuity as
his widow survived him and subsequently 
died; provided,

        (a) that if any child or children of the employee are 
    less than age
18, such part or all of any such amount 
    necessary to pay annuities to
them shall not be refunded as 
    hereinbefore stated; and provided further,

        (b) that if a reversionary annuity becomes payable as 
    provided in
Section 9-135 such refund shall not be paid 
    until the death of the
reversionary annuitant, and the 
    refund otherwise payable under this
section shall then 
    first further be reduced by the total amount of the

    reversionary annuity paid.

(Source: P.A. 95-369, eff. 8-23-07.)

 



    (40 ILCS 5/9-179.2)  (from Ch. 108 1/2, par. 9-179.2)



    Sec. 9-179.2. 
Other governmental service-Former County

Service.  Any employee who first becomes a contributor before 
the effective date of this amendatory Act of the 99th General 
Assembly, who has rendered service to any
"governmental unit" 
as such term is defined in the
"Retirement Systems Reciprocal 
Act" under Article 20 of the
Illinois Pension Code, who did not 
contribute to the retirement
system of such "governmental 
unit", including the retirement
system created by this Article 
9 of the Illinois Pension code,
for such service because of 
ineligibility for participation and
has no equity or rights in 
such retirement system because of
such service shall be given 
credit for such service in this
fund, provided:

    (a) The employee shall pay to this fund, while in the

service of such county, or while in the service of a

governmental unit whose retirement system has adopted the

"Retirement Systems Reciprocal Act", such amounts, including

interest at the effective rate, as he would have paid to this

fund, on the basis of his salary in effect during the service

rendered to such other "governmental unit" at the rates

prescribed in this Article 9 for the periods
of such service to 
the end that such service shall be
considered as service 
rendered to such county, with all the
rights and
conditions 
attaching to such service
and payments; and (b) this Section 
shall not be applicable to
any period of such service for which 
the employee retains credit
in any other public annuity and 
benefit fund established by Act
of the Legislature of this 
State and in operation for employees
of such other 
"governmental unit" from which such employee was
transferred.

(Source: P.A. 90-655, eff. 7-30-98.)

 
    (40 ILCS 5/9-241 new)
    Sec. 9-241. Mistake in benefit. If the Fund mistakenly sets 
any benefit at an incorrect amount, it shall recalculate the 
benefit as soon as may be practicable after the mistake is 
discovered.
    If the benefit was mistakenly set too low, the Fund shall 
make a lump sum payment to the recipient of an amount equal to 
the difference between the benefits that should have been paid 
and those actually paid, without interest.
    If the benefit was mistakenly set too high, the Fund may 
recover the amount overpaid from the recipient thereof, either 
directly or by deducting such amount from the remaining 
benefits payable to the recipient, without interest. If the 
overpayment is recovered by deductions from the remaining 
benefits payable to the recipient, the monthly deduction shall 
not exceed 10% of the corrected monthly benefit unless 
otherwise indicated by the recipient. However, if (1) the 
amount of the benefit was mistakenly set too high, and (2) the 
error was undiscovered for 3 years or longer, and (3) the error 
was not the result of incorrect information supplied by the 
employer, the affected participant, or any beneficiary, then 
upon discovery of the mistake the benefit shall be adjusted to 
the correct level, but the recipient of the benefit need not 
repay to the Fund the excess amounts received in error.
    This Section applies to all mistakes in benefit 
calculations that occur before, on, or after the effective date 
of this amendatory Act of the 99th General Assembly.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.