PEN CD-SURS-BENEFIT SUSPENSION

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4096

Introduced 10/15/2025, by Rep. Nicole La Ha

SYNOPSIS AS INTRODUCED:

40 ILCS 5/15-139

from Ch. 108 1/2, par. 15-139

Amends the State Universities Article of the Illinois Pension Code.
In provisions concerning the suspension of retirement annuities for
certain reemployment, provides that the provisions do not apply to an
annuitant for any period of service on or after March 9, 2020 during which
the annuitant returns to employment under the Article to perform a
critical operation during a state of emergency or disaster that is
declared by the Governor. Provides that, if an annuitant returns to
employment for an employer under the Article during such a period, the
annuitant is eligible to receive compensation from an employer for that
service and benefits for prior service under the Article, but employee and
employer contributions under the Article during that period of
reemployment are not required. Provides that service and compensation
earned for such reemployment shall not be used to recalculate the
annuitant's benefits under the Code. For reemployment to perform a
critical operation during a state of emergency or disaster declared by the
Governor and that occurred on or after on or after March 9, 2020 and before
the effective date of the amendatory Act: requires the System to pay to the
annuitant the amount of the suspended or cancelled pension benefits with
interest at the effective rate from the date of the suspension or
cancellation of the benefit to the date of payment; and, if an annuitant
repaid benefits to the System under the provisions, requires the System to
pay to the annuitant the amount of that repayment with interest at the
effective rate from the date of the annuitant's repayment of benefits to
the date of the System's repayment to the annuitant. Provides that an
annuitant's benefits shall not be suspended if the annuitant made an
employment-related decision having reasonably relied on a statement or
statements by a representative or representatives of the System that
benefits would not be suspended if such a decision were made. Provides that
the amendatory Act applies without regard to whether the annuitant was in
service on or after the effective date of the amendatory Act. Effective
immediately.
LRB104 14469 RPS 27608 b

A BILL FOR

HB4096
LRB104 14469 RPS 27608 b
1

AN ACT concerning public employee benefits.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Pension Code is amended by
5
changing Section 15-139 as follows:

6

(40 ILCS 5/15-139)

(from Ch. 108 1/2, par. 15-139)
7

Sec. 15-139.
Retirement annuities; cancellation; suspended
8
during employment.
9

(a) If an annuitant returns to employment for an employer
10
within 60 days after the beginning of the retirement annuity
11
payment period, the retirement annuity shall be cancelled, and
12
the annuitant shall refund to the System the total amount of
13
the retirement annuity payments which he or she received. If
14
the retirement annuity is cancelled, the participant shall
15
continue to participate in the System.
16

(b) If an annuitant retires prior to age 60 and receives or
17
becomes entitled to receive during any month compensation in
18
excess of the monthly retirement annuity (including any
19
automatic annual increases) for services performed after the
20
date of retirement for any employer under this System, that
21
portion of the monthly retirement annuity provided by employer
22
contributions shall not be payable.
23

If an annuitant retires at age 60 or over and receives or

HB4096
- 2 -
LRB104 14469 RPS 27608 b
1
becomes entitled to receive during any academic year
2
compensation in excess of the difference between his or her
3
highest annual earnings prior to retirement and his or her
4
annual retirement annuity computed under Rule 1, Rule 2, Rule
5
3, or Rule 4 of Section 15-136, or under Section 15-136.4, for
6
services performed after the date of retirement for any
7
employer under this System, that portion of the monthly
8
retirement annuity provided by employer contributions shall be
9
reduced by an amount equal to the compensation that exceeds
10
such difference.
11

However, any remuneration received for serving as a member
12
of the Illinois Educational Labor Relations Board shall be
13
excluded from "compensation" for the purposes of this
14
subsection (b), and serving as a member of the Illinois
15
Educational Labor Relations Board shall not be deemed to be a
16
return to employment for the purposes of this Section. This
17
provision applies without regard to whether service was
18
terminated prior to the effective date of this amendatory Act
19
of 1991.
20

"Academic year", as used in this subsection (b), means the
21
12-month period beginning September 1.
22

(c) If an employer certifies that an annuitant has been
23
reemployed on a permanent and continuous basis or in a
24
position in which the annuitant is expected to serve for at
25
least 9 months, the annuitant shall resume his or her status as
26
a participating employee and shall be entitled to all rights

HB4096
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LRB104 14469 RPS 27608 b
1
applicable to participating employees upon filing with the
2
board an election to forgo all annuity payments during the
3
period of reemployment. Upon subsequent retirement, the
4
retirement annuity shall consist of the annuity which was
5
terminated by the reemployment, plus the additional retirement
6
annuity based upon service granted during the period of
7
reemployment, but the combined retirement annuity shall not
8
exceed the maximum annuity applicable on the date of the last
9
retirement.
10

The total service and earnings credited before and after
11
the initial date of retirement shall be considered in
12
determining eligibility of the employee or the employee's
13
beneficiary to benefits under this Article, and in calculating
14
final rate of earnings.
15

In determining the death benefit payable to a beneficiary
16
of an annuitant who again becomes a participating employee
17
under this Section, accumulated normal and additional
18
contributions shall be considered as the sum of the
19
accumulated normal and additional contributions at the date of
20
initial retirement and the accumulated normal and additional
21
contributions credited after that date, less the sum of the
22
annuity payments received by the annuitant.
23

The survivors insurance benefits provided under Section
24
15-145 shall not be applicable to an annuitant who resumes his
25
or her status as a participating employee, unless the
26
annuitant, at the time of initial retirement, has a survivors

HB4096
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LRB104 14469 RPS 27608 b
1
insurance beneficiary who could qualify for such benefits or
2
the annuitant repaid the survivors insurance contribution
3
refund or additional annuity under subsection (c-5) of Section
4
15-154.
5

If the participant's employment is terminated because of
6
circumstances other than death before 9 months from the date
7
of reemployment, the provisions of this Section regarding
8
resumption of status as a participating employee shall not
9
apply. The normal and survivors insurance contributions which
10
are deducted during this period shall be refunded to the
11
annuitant without interest, and subsequent benefits under this
12
Article shall be the same as those which were applicable prior
13
to the date the annuitant resumed employment.
14

The amendments made to this Section by this amendatory Act
15
of the 91st General Assembly apply without regard to whether
16
the annuitant was in service on or after the effective date of
17
this amendatory Act.
18

(d) The provisions of this Section do not apply to an
19
annuitant for any period of service on or after March 9, 2020
20
during which the annuitant returns to employment under this
21
Article to perform a critical operation during a state of
22
emergency or disaster that is declared by the Governor. If an
23
annuitant returns to employment for an employer under this
24
Article during such a period, the annuitant is eligible to
25
receive compensation from an employer for that service and
26
benefits for prior service under this Article, but employee

HB4096
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LRB104 14469 RPS 27608 b
1
and employer contributions under this Article during that
2
period of reemployment are not required. Service and
3
compensation earned for such reemployment shall not be used to
4
recalculate the annuitant's benefits under this Code.
5

For reemployment to perform a critical operation during a
6
state of emergency or disaster declared by the Governor and
7
that occurred on or after March 9, 2020 and before the
8
effective date of this amendatory Act of the 104th General
9
Assembly: the System shall pay to the annuitant the amount of
10
the suspended or canceled benefits under this Article with
11
interest at the effective rate from the date of the suspension
12
or cancellation of the benefit to the date of payment; and, if
13
an annuitant repaid benefits to the System under this Section,
14
the System shall pay to the annuitant the amount of that
15
repayment with interest at the effective rate from the date of
16
the annuitant's repayment of benefits to the date of the
17
System's repayment to the annuitant.

18

An annuitant's benefits shall not be suspended under this
19
Section if the annuitant made an employment-related decision
20
having reasonably relied on a statement or statements by a
21
representative or representatives of the System that benefits
22
would not be suspended if such a decision were made.

23

In this subsection (d), "critical operations" has the
24
meaning given to that term in subsection (i) of Section
25
15-139.5.

26

This subsection (d) applies without regard to whether the

HB4096
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LRB104 14469 RPS 27608 b
1
annuitant was in service on or after the effective date of this
2
amendatory Act of the 104th General Assembly.

3
(Source: P.A. 98-92, eff. 7-16-13; 98-596, eff. 11-19-13;
4
99-682, eff. 7-29-16.)

5

Section 99.
Effective date.
This Act takes effect upon
6
becoming law.

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