HB 275

Abstract

Amends the Chicago Teacher Article of the Illinois Pension Code. Provides that in case any officer whose signature appears upon any check or draft, issued pursuant to the Article, ceases to hold office, the signature nevertheless shall be valid and sufficient for all purposes. Removes language concerning checks or drafts signed by an officer who ceases to hold office before the delivery of the check to the payee. Provides that if the Fund mistakenly sets any benefit at an incorrect amount, the Fund shall recalculate the benefit as soon as may be practicable after the mistake is discovered. Provides that 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, plus interest at the rate of 3% from the date the unpaid amounts accrued to the date of payment. Provides that if the benefit was mistakenly set too high, the Fund may recover the amount overpaid from the recipient plus interest at 3% from the date of overpayment to the date of recovery. Contains provisions concerning repayment of the overpaid amount. Provides that if (1) the amount of the benefit was mistakenly set too high, (2) the error was undiscovered for 3 years or longer from the date of the first mistaken benefit payment, and (3) the error was not the result of incorrect information supplied by the affected member, then upon discovery of the mistake the benefit shall be adjusted to the correct level, but the recipient of the benefit shall not be required to repay to the Fund the excess amounts received in error. Makes other changes. Senate Floor Amendment No. 1 Deletes reference to: 40 ILCS 5/17-140 40 ILCS 5/17-151.1 Adds reference to: 40 ILCS 5/3-110.11a new 40 ILCS 5/8-151 from Ch. 108 1/2, par. 8-151 30 ILCS 805/8.45 new Replaces everything after the enacting clause. Amends the Illinois Pension Code. In the Downstate Police Article, allows an officer under that Article to establish optional credit for up to 5 years of service as a participant under the Chicago Police Article if the 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 under the Downstate Police Article, and (v) makes specified contributions to the fund. In the Chicago Municipal Article, provides that unless the performance of an act or acts of duty results solely in the death of the employee, a compensation annuity or supplemental annuity shall not be paid. Provides that 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. Provides that 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. Provides 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. Makes other changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. Senate Floor Amendment No. 2 Adds reference to: 40 ILCS 5/8-165 from Ch. 108 1/2, par. 8-165 Further amends the Chicago Municipal Article of the Illinois Pension Code. Provides that 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 if the employee: does not work for compensation on more than 120 days in a school year; or does not accept gross compensation for the re-employment in a school year in excess of $30,000.