HB 164 is sponsored by Gregory Harris and Steven M. Landek.

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Illinois 100th Regular Session Status: Enacted

HB 164 — PUBLIC EMPLOYEE BENEFITS-TECH

Last action August 22, 2017 — Public Act . . . . . . . . . 100-0244

✓
Introduced
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In Committee
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Passed House
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Passed Senate
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To Executive
6
Enacted

This bill has been enacted into law. Introduced December 05, 2016. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Enacted

Current position in the legislative process.
2 sponsors

0 primary, 2 co-sponsors signed on.
Cleared a recorded vote

Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Illinois Pension Code. Makes a technical change in a Section concerning definitions.

Bill Text

What changed in the latest version

8 added · 8 removed

Plain-language change summary

The recent amendment to HB 164 changes the eligibility criteria for a surviving spouse’s annuity under the Illinois Pension Code. Specifically, it clarifies that surviving spouses will only receive this annuity if their partner was a long-term employee, or had met certain conditions regarding retirement age or had been receiving a retirement annuity. This matters because it sets more stringent requirements for beneficiaries, potentially affecting the financial security of some widows and widowers of public service employees.

HB0164 ~~Engrossed~~Enrolled LRB100 02315 RPS 12320 b AN ACT concerning public employee benefits.

However, the annuity shall not be payable to the surviving spouse of (1) an employee who withdraws from service before attaining the minimum retirement age unless the deceased employee had at least 10 years of service, or at least 5 years of service if the employee was eligible for an annuity upon attainment of age 62 pursuant to Section 13-301(b) or had been receiving a retirement annuity pursuant to Section 13-301(d), or (2) an employee not described in item (1) who first enters service on or after the effective date of this amendatory Act of 1997 and who has been employed as an employee for (i) less than 36 months from the date of the employee's original entry HB0164 ~~Engrossed~~Enrolled - 2 - LRB100 02315 RPS 12320 b into service or (ii) less than 12 months from the employee's date of latest re-entry into service;

or HB0164 ~~Engrossed~~Enrolled - 3 - LRB100 02315 RPS 12320 b (C) a party to a marriage, civil union, or other legal relationship that, at the time it was formed, was not legally recognized in Illinois but was subsequently recognized as a civil union or marriage under the Illinois Religious Freedom Protection and Civil Union Act on or after June 1, 2011 and before July 1, 2016, a marriage under the Illinois Marriage and Dissolution of Marriage Act on or after February 26, 2014 and before July 1, 2016, or both, and remains such a party.

Upon withdrawal from service, an employee who first became a member before January 1, 2011, who is under age 55 (age 50 if the employee first entered HB0164 ~~Engrossed~~Enrolled - 4 - LRB100 02315 RPS 12320 b service before June 13, 1997), or an employee age 55 (age 50 if the employee first entered service before June 13, 1997) or over but less than age 60 having less than 20 years of service, or an employee age 60 or over having less than 5 years of service shall be entitled, upon application, to a refund of total contributions from salary deductions or amounts otherwise paid under this Article by the employee.

HB0164 ~~Engrossed~~Enrolled - 5 - LRB100 02315 RPS 12320 b (b-5) An annuitant who (i) retired prior to June 1, 2011, (ii) received a refund of surviving spouse's annuity contributions under subsection (b), and (iii) thereafter became and remains a party to a civil union or marriage, as described in Section 13-305, may, within a period of one year beginning 5 months after the effective date of this amendatory Act of the 100th General Assembly, and in accordance with any rules adopted by the Board and consents required by the Board, make an irrevocable election to re-establish rights to a surviving spouse annuity under Sections 13-305 and 13-306 or to alternative survivor's benefits under subsection (d) of Section 13-314, whichever is applicable, by paying to the Fund:

To the extent permitted by the Internal Revenue Code of 1986, as amended, and for federal and State tax purposes, if a member pays in monthly installments by reducing the monthly annuity by the amount of the otherwise applicable contribution, the monthly amount by which the annuitant's benefit is reduced shall not be treated as a contribution by the annuitant, but rather as a reduction of the annuitant's HB0164 ~~Engrossed~~Enrolled - 6 - LRB100 02315 RPS 12320 b monthly annuity.

HB0164 ~~Engrossed~~Enrolled - 7 - LRB100 02315 RPS 12320 b Whenever the total accumulations to the account of an employee from employee contributions other than the contribution for the cost of living increase, including interest to the employee's date of withdrawal, have not been paid to the employee and surviving spouse as a retirement or spouse's annuity before the death of the employee and spouse, a refund shall be paid as follows:

An employee or surviving spouse who receives a refund forfeits the right to receive an annuity or any other benefit payable under this Article except that if the refund is to a surviving spouse, any child or children of HB0164 ~~Engrossed~~Enrolled - 8 - LRB100 02315 RPS 12320 b the employee shall not be deprived of the right to receive a child's annuity as provided in Section 13-308 of this Article, and the payment of a child's annuity shall not reduce the amount refundable to the surviving spouse.

Latest

HB0164 ~~Engrossed~~ LRB100 02315 RPS 12320 b AN ACT concerning public employee benefits.

HB0164 Enrolled LRB100 02315 RPS 12320 b AN ACT concerning public employee benefits.

However, the annuity shall not be payable to the surviving spouse of (1) an employee who withdraws from service before attaining the minimum retirement age unless the deceased employee had at least 10 years of service, or at least 5 years of service if the employee was eligible for an annuity upon attainment of age 62 pursuant to Section 13-301(b) or had been receiving a retirement annuity pursuant to Section 13-301(d), or (2) an employee not described in item (1) who first enters service on or after the effective date of this amendatory Act of 1997 and who has been employed as an employee for (i) less than 36 months from the date of the employee's original entry HB0164 ~~Engrossed~~ - 2 - LRB100 02315 RPS 12320 b into service or (ii) less than 12 months from the employee's date of latest re-entry into service;

However, the annuity shall not be payable to the surviving spouse of (1) an employee who withdraws from service before attaining the minimum retirement age unless the deceased employee had at least 10 years of service, or at least 5 years of service if the employee was eligible for an annuity upon attainment of age 62 pursuant to Section 13-301(b) or had been receiving a retirement annuity pursuant to Section 13-301(d), or (2) an employee not described in item (1) who first enters service on or after the effective date of this amendatory Act of 1997 and who has been employed as an employee for (i) less than 36 months from the date of the employee's original entry HB0164 Enrolled - 2 - LRB100 02315 RPS 12320 b into service or (ii) less than 12 months from the employee's date of latest re-entry into service;

or HB0164 ~~Engrossed~~ - 3 - LRB100 02315 RPS 12320 b (C) a party to a marriage, civil union, or other legal relationship that, at the time it was formed, was not legally recognized in Illinois but was subsequently recognized as a civil union or marriage under the Illinois Religious Freedom Protection and Civil Union Act on or after June 1, 2011 and before July 1, 2016, a marriage under the Illinois Marriage and Dissolution of Marriage Act on or after February 26, 2014 and before July 1, 2016, or both, and remains such a party.

or HB0164 Enrolled - 3 - LRB100 02315 RPS 12320 b (C) a party to a marriage, civil union, or other legal relationship that, at the time it was formed, was not legally recognized in Illinois but was subsequently recognized as a civil union or marriage under the Illinois Religious Freedom Protection and Civil Union Act on or after June 1, 2011 and before July 1, 2016, a marriage under the Illinois Marriage and Dissolution of Marriage Act on or after February 26, 2014 and before July 1, 2016, or both, and remains such a party.

Upon withdrawal from service, an employee who first became a member before January 1, 2011, who is under age 55 (age 50 if the employee first entered HB0164 ~~Engrossed~~ - 4 - LRB100 02315 RPS 12320 b service before June 13, 1997), or an employee age 55 (age 50 if the employee first entered service before June 13, 1997) or over but less than age 60 having less than 20 years of service, or an employee age 60 or over having less than 5 years of service shall be entitled, upon application, to a refund of total contributions from salary deductions or amounts otherwise paid under this Article by the employee.

Upon withdrawal from service, an employee who first became a member before January 1, 2011, who is under age 55 (age 50 if the employee first entered HB0164 Enrolled - 4 - LRB100 02315 RPS 12320 b service before June 13, 1997), or an employee age 55 (age 50 if the employee first entered service before June 13, 1997) or over but less than age 60 having less than 20 years of service, or an employee age 60 or over having less than 5 years of service shall be entitled, upon application, to a refund of total contributions from salary deductions or amounts otherwise paid under this Article by the employee.

HB0164 ~~Engrossed~~ - 5 - LRB100 02315 RPS 12320 b (b-5) An annuitant who (i) retired prior to June 1, 2011, (ii) received a refund of surviving spouse's annuity contributions under subsection (b), and (iii) thereafter became and remains a party to a civil union or marriage, as described in Section 13-305, may, within a period of one year beginning 5 months after the effective date of this amendatory Act of the 100th General Assembly, and in accordance with any rules adopted by the Board and consents required by the Board, make an irrevocable election to re-establish rights to a surviving spouse annuity under Sections 13-305 and 13-306 or to alternative survivor's benefits under subsection (d) of Section 13-314, whichever is applicable, by paying to the Fund:

HB0164 Enrolled - 5 - LRB100 02315 RPS 12320 b (b-5) An annuitant who (i) retired prior to June 1, 2011, (ii) received a refund of surviving spouse's annuity contributions under subsection (b), and (iii) thereafter became and remains a party to a civil union or marriage, as described in Section 13-305, may, within a period of one year beginning 5 months after the effective date of this amendatory Act of the 100th General Assembly, and in accordance with any rules adopted by the Board and consents required by the Board, make an irrevocable election to re-establish rights to a surviving spouse annuity under Sections 13-305 and 13-306 or to alternative survivor's benefits under subsection (d) of Section 13-314, whichever is applicable, by paying to the Fund:

To the extent permitted by the Internal Revenue Code of 1986, as amended, and for federal and State tax purposes, if a member pays in monthly installments by reducing the monthly annuity by the amount of the otherwise applicable contribution, the monthly amount by which the annuitant's benefit is reduced shall not be treated as a contribution by the annuitant, but rather as a reduction of the annuitant's HB0164 Enrolled - 6 - LRB100 02315 RPS 12320 b monthly annuity.

HB0164 ~~Engrossed~~ - 7 - LRB100 02315 RPS 12320 b Whenever the total accumulations to the account of an employee from employee contributions other than the contribution for the cost of living increase, including interest to the employee's date of withdrawal, have not been paid to the employee and surviving spouse as a retirement or spouse's annuity before the death of the employee and spouse, a refund shall be paid as follows:

HB0164 Enrolled - 7 - LRB100 02315 RPS 12320 b Whenever the total accumulations to the account of an employee from employee contributions other than the contribution for the cost of living increase, including interest to the employee's date of withdrawal, have not been paid to the employee and surviving spouse as a retirement or spouse's annuity before the death of the employee and spouse, a refund shall be paid as follows:

An employee or surviving spouse who receives a refund forfeits the right to receive an annuity or any other benefit payable under this Article except that if the refund is to a surviving spouse, any child or children of HB0164 ~~Engrossed~~ - 8 - LRB100 02315 RPS 12320 b the employee shall not be deprived of the right to receive a child's annuity as provided in Section 13-308 of this Article, and the payment of a child's annuity shall not reduce the amount refundable to the surviving spouse.

An employee or surviving spouse who receives a refund forfeits the right to receive an annuity or any other benefit payable under this Article except that if the refund is to a surviving spouse, any child or children of HB0164 Enrolled - 8 - LRB100 02315 RPS 12320 b the employee shall not be deprived of the right to receive a child's annuity as provided in Section 13-308 of this Article, and the payment of a child's annuity shall not reduce the amount refundable to the surviving spouse.

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Action History

August 22, 2017
Public Act . . . . . . . . . 100-0244
August 22, 2017
Effective Date August 22, 2017
August 22, 2017
Governor Approved
June 27, 2017
Sent to the Governor
May 29, 2017
Passed Both Houses
May 29, 2017
Third Reading - Passed; 046-004-000
May 26, 2017
Rule 2-10 Third Reading Deadline Established As May 31, 2017
May 15, 2017
Placed on Calendar Order of 3rd Reading May 16, 2017
May 15, 2017
Second Reading
May 11, 2017
Added as Alternate Chief Co-Sponsor Sen. Melinda Bush
May 11, 2017
Added as Alternate Co-Sponsor Sen. Steven M. Landek
May 04, 2017
Placed on Calendar Order of 2nd Reading May 5, 2017
May 04, 2017
Do Pass Licensed Activities and Pensions; 010-001-000
May 02, 2017
Alternate Chief Sponsor Changed to Sen. Iris Y. Martinez
April 25, 2017
Assigned to Licensed Activities and Pensions
April 06, 2017
Referred to Assignments
April 06, 2017
First Reading
April 05, 2017
Chief Senate Sponsor Sen. John J. Cullerton
April 05, 2017
Placed on Calendar Order of First Reading April 6, 2017
April 05, 2017
Arrive in Senate
April 05, 2017
Third Reading - Short Debate - Passed 086-026-000
April 04, 2017
Placed on Calendar Order of 3rd Reading - Short Debate
April 04, 2017
House Floor Amendment No. 1 Adopted
April 04, 2017
Second Reading - Short Debate
March 30, 2017
House Floor Amendment No. 1 Recommends Be Adopted Personnel & Pensions Committee; 009-003-000
March 28, 2017
Added Chief Co-Sponsor Rep. Jim Durkin
March 28, 2017
Added Chief Co-Sponsor Rep. Linda Chapa LaVia
March 28, 2017
Added Chief Co-Sponsor Rep. Carol Sente
March 23, 2017
Chief Sponsor Changed to Rep. Gregory Harris
March 23, 2017
House Floor Amendment No. 1 Rules Refers to Personnel & Pensions Committee
March 23, 2017
Placed on Calendar 2nd Reading - Short Debate
March 22, 2017
House Floor Amendment No. 1 Referred to Rules Committee
March 22, 2017
House Floor Amendment No. 1 Filed with Clerk by Rep. Gregory Harris
February 16, 2017
Held on Calendar Order of Second Reading - Short Debate **
February 16, 2017
Second Reading - Short Debate
February 08, 2017
Placed on Calendar 2nd Reading - Short Debate **
February 08, 2017
Do Pass / Short Debate Executive Committee; 007-003-000
January 25, 2017
Assigned to Executive Committee
January 11, 2017
Referred to Rules Committee
January 11, 2017
First Reading
December 05, 2016
Prefiled with Clerk by Rep. Michael J. Madigan

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on · 8 voted No

Sponsors (0)

None.

Co-sponsors (2)

Gregory Harris
Steven M. Landek

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

May 29, 2017

Passed 46 Yea · 4 Nay · 9 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	27	4	0	6
Democrat	13	0	0	1
Republican	6	0	0	2
Total	46	4	0	9
% of votes cast	78%	7%	0%	15%

How each member voted (59)

Member	Party	Vote
Bertino-Tarrant	—	Yea
Biss	—	Yea
Bivins	—	Nay
Bush	—	Yea
McConnaughay	—	Yea
Landek	—	Yea
Manar	—	Yea
McCann	—	Not Voting
McCarter	—	Nay
Harris	—	Yea
Bennett	—	Yea
McGuire	—	Yea
Mulroe	—	Yea
Muñoz	—	Yea
Radogno	—	Yea
Silverstein	—	Yea
Brady	—	Yea
Steans	—	Yea
Cullerton	—	Yea
Trotter	—	Yea
Cullerton, T.	—	Yea
Rooney	—	Nay
Clayborne	—	Yea
Connelly	—	Yea
Haine	—	Not Voting
Hutchinson	—	Yea
Nybo	—	Not Voting
Oberweis	—	Nay
Raoul	—	Yea
Righter	—	Yea
Sandoval	—	Not Voting
Schimpf	—	Not Voting
Link	—	Yea
Althoff	—	Not Voting
Martinez	—	Yea
Barickman	—	Yea
Van Pelt	—	Yea
Bill Cunningham	Democrat	Yea
Cristina Castro	Democrat	Yea
David Koehler	Democrat	Yea
Don Harmon	Democrat	Yea
Emil Jones, III	Democrat	Not Voting
Julie A. Morrison	Democrat	Yea
Kimberly A. Lightford	Democrat	Yea
Lakesia Collins	Democrat	Yea
Laura M. Murphy	Democrat	Yea
Linda Holmes	Democrat	Yea
Mattie Hunter	Democrat	Yea
Michael E. Hastings	Democrat	Yea
Omar Aquino	Democrat	Yea
Steve Stadelman	Democrat	Yea
Chapin Rose	Republican	Yea
Dale Fowler	Republican	Yea
Dan McConchie	Republican	Not Voting
Dave Syverson	Republican	Not Voting
Jil Tracy	Republican	Yea
Neil Anderson	Republican	Yea
Sue Rezin	Republican	Yea
Travis Weaver	Republican	Yea

Official roll call →

Third Reading

April 05, 2017

Passed 86 Yea · 26 Nay · 6 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	50	18	0	6
Republican	5	7	0	0
Democrat	31	1	0	0
Total	86	26	0	6
% of votes cast	73%	22%	0%	5%

How each member voted (118)

Member	Party	Vote
Batinick	—	Nay
Beiser	—	Yea
Bellock	—	Nay
Bourne	—	Nay
Breen	—	Nay
Butler	—	Yea
McAsey	—	Yea
McAuliffe	—	Yea
Greenwood	—	Yea
Lang	—	Yea
McDermed	—	Yea
McSweeney	—	Yea
Harris, David	—	Yea
Sauer	—	Yea
Harris, Gregory	—	Yea
Madigan	—	Not Voting
Nekritz	—	Yea
Parkhurst	—	Yea
Phelps	—	Nay
Sommer	—	Nay
Stewart	—	Nay
Bennett	—	Nay
Unes	—	Not Voting
Winger	—	Nay
Yingling	—	Yea
Zalewski	—	Yea
Mitchell, Bill	—	Nay
Wheeler, Keith	—	Nay
Jones	—	Not Voting
Cavaletto	—	Nay
Costello	—	Nay
Drury	—	Not Voting
Fortner	—	Yea
Frese	—	Yea
Hays	—	Not Voting
Jesiel	—	Nay
Hernandez	—	Yea
Brady	—	Yea
Burke, Daniel	—	Yea
Burke, Kelly	—	Yea
Sente	—	Yea
Stratton	—	Yea
Tabares	—	Yea
Thapedi	—	Yea
Turner	—	Yea
Wallace	—	Yea
Davis	—	Yea
Wehrli	—	Yea
Welter	—	Yea
Willis	—	Yea
Wheeler, Barbara	—	Yea
Mitchell, Christian	—	Yea
Williams	—	Yea
Conroy	—	Yea
Conyears-Ervin	—	Yea
Currie	—	Yea
D'Amico	—	Yea
Demmer	—	Yea
Durkin	—	Yea
Flowers	—	Yea
Hurley	—	Yea
Ives	—	Nay
Jimenez	—	Yea
Olsen	—	Yea
Phillips	—	Nay
Pritchard	—	Yea
Reis	—	Nay
Riley	—	Yea
Skillicorn	—	Yea
Soto	—	Not Voting
Long	—	Nay
Andersson	—	Yea
Arroyo	—	Yea
Chapa LaVia	—	Yea
Anna Moeller	Democrat	Yea
Anthony DeLuca	Democrat	Yea
Camille Y. Lilly	Democrat	Yea
Carol Ammons	Democrat	Yea
Elgie R. Sims, Jr.	Democrat	Yea
Emanuel "Chris" Welch	Democrat	Yea
Fred Crespo	Democrat	Yea
Jaime M. Andrade, Jr.	Democrat	Yea
Jay Hoffman	Democrat	Yea
Jehan Gordon-Booth	Democrat	Yea
Julie A. Morrison	Democrat	Nay
Justin Slaughter	Democrat	Yea
Katie Stuart	Democrat	Yea
Kelly M. Cassidy	Democrat	Yea
La Shawn K. Ford	Democrat	Yea
Laura Fine	Democrat	Yea
Lawrence "Larry" Walsh, Jr.	Democrat	Yea
Marcus C. Evans, Jr.	Democrat	Yea
Martin J. Moylan	Democrat	Yea
Michael W. Halpin	Democrat	Yea
Michelle Mussman	Democrat	Yea
Natalie A. Manley	Democrat	Yea
Rita Mayfield	Democrat	Yea
Robert "Bob" Rita	Democrat	Yea
Robert F. Martwick	Democrat	Yea
Robyn Gabel	Democrat	Yea
Sara Feigenholtz	Democrat	Yea
Sonya M. Harper	Democrat	Yea
Stephanie A. Kifowit	Democrat	Yea
Sue Scherer	Democrat	Yea
Theresa Mah	Democrat	Yea
Will Guzzardi	Democrat	Yea
Brad Halbrook	Republican	Nay
Charles Meier	Republican	Yea
Christopher "C.D." Davidsmeyer	Republican	Nay
Dan Swanson	Republican	Nay
Dave Severin	Republican	Nay
Joe C. Sosnowski	Republican	Nay
John M. Cabello	Republican	Yea
Norine K. Hammond	Republican	Yea
Ryan Spain	Republican	Yea
Steven Reick	Republican	Nay
Terri Bryant	Republican	Nay
Tony M. McCombie	Republican	Yea

Official roll call →

Subjects

finance labor

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 164 do?: Amends the Illinois Pension Code. Makes a technical change in a Section concerning definitions.
Who sponsors HB 164?: HB 164 is sponsored by Gregory Harris and Steven M. Landek.
What is the current status of HB 164?: This bill has been enacted into law. Introduced December 05, 2016. Enacted.
Where can I track HB 164?: Track HB 164 free on One Click Politics — get push/email alerts when it moves.

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At a glance

Identifier: HB 164
Jurisdiction: Illinois
Session: 100th Regular Session
Type: Bill
Introduced: December 05, 2016
Status: Enacted
Prime sponsor: Gregory Harris

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