101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3354

 

Introduced , by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/4-114  from Ch. 108 1/2, par. 4-114
30 ILCS 805/8.43 new

    Amends the Downstate Firefighter Article of the Illinois Pension Code. Provides that if a person who first becomes a firefighter under the Article on or after January 1, 2011 and who is not receiving a disability pension under specified provisions dies for specified reasons, then a pension shall be paid to his or her survivors in the amount equal to the greater of (i) 54% of the firefighter's monthly salary at the date of death or (ii) 66 2/3% of the firefighter's earned pension at the date of death (rather than the amount of 66 2/3% of the firefighter's earned pension at the date of death). Provides that the changes apply without regard to whether the deceased firefighter was in service on or after the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB101 06698 RPS 51725 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB3354LRB101 06698 RPS 51725 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Section 4-114 as follows:
 
6    (40 ILCS 5/4-114)  (from Ch. 108 1/2, par. 4-114)
7    Sec. 4-114. Pension to survivors. If a firefighter who is
8not receiving a disability pension under Section 4-110 or
94-110.1 dies (1) as a result of any illness or accident, or (2)
10from any cause while in receipt of a disability pension under
11this Article, or (3) during retirement after 20 years service,
12or (4) while vested for or in receipt of a pension payable
13under subsection (b) of Section 4-109, or (5) while a deferred
14pensioner, having made all required contributions, a pension
15shall be paid to his or her survivors, based on the monthly
16salary attached to the firefighter's rank on the last day of
17service in the fire department, as follows:
18        (a)(1) To the surviving spouse, a monthly pension of
19    40% of the monthly salary, and if there is a surviving
20    spouse, to the guardian of any minor child or children
21    including a child which has been conceived but not yet
22    born, 12% of such monthly salary for each such child until
23    attainment of age 18 or until the child's marriage,

 

 

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1    whichever occurs first. Beginning July 1, 1993, the monthly
2    pension to the surviving spouse shall be 54% of the monthly
3    salary for all persons receiving a surviving spouse pension
4    under this Article, regardless of whether the deceased
5    firefighter was in service on or after the effective date
6    of this amendatory Act of 1993.
7        (2) Beginning July 1, 2004, unless the amount provided
8    under paragraph (1) of this subsection (a) is greater, the
9    total monthly pension payable under this paragraph (a),
10    including any amount payable on account of children, to the
11    surviving spouse of a firefighter who died (i) while
12    receiving a retirement pension, (ii) while he or she was a
13    deferred pensioner with at least 20 years of creditable
14    service, or (iii) while he or she was in active service
15    having at least 20 years of creditable service, regardless
16    of age, shall be no less than 100% of the monthly
17    retirement pension earned by the deceased firefighter at
18    the time of death, regardless of whether death occurs
19    before or after attainment of age 50, including any
20    increases under Section 4-109.1. This minimum applies to
21    all such surviving spouses who are eligible to receive a
22    surviving spouse pension, regardless of whether the
23    deceased firefighter was in service on or after the
24    effective date of this amendatory Act of the 93rd General
25    Assembly, and notwithstanding any limitation on maximum
26    pension under paragraph (d) or any other provision of this

 

 

HB3354- 3 -LRB101 06698 RPS 51725 b

1    Article.
2        (3) If the pension paid on and after July 1, 2004 to
3    the surviving spouse of a firefighter who died on or after
4    July 1, 2004 and before the effective date of this
5    amendatory Act of the 93rd General Assembly was less than
6    the minimum pension payable under paragraph (1) or (2) of
7    this subsection (a), the fund shall pay a lump sum equal to
8    the difference within 90 days after the effective date of
9    this amendatory Act of the 93rd General Assembly.
10        The pension to the surviving spouse shall terminate in
11    the event of the surviving spouse's remarriage prior to
12    July 1, 1993; remarriage on or after that date does not
13    affect the surviving spouse's pension, regardless of
14    whether the deceased firefighter was in service on or after
15    the effective date of this amendatory Act of 1993.
16        The surviving spouse's pension shall be subject to the
17    minimum established in Section 4-109.2.
18        (b) Upon the death of the surviving spouse leaving one
19    or more minor children, or upon the death of a firefighter
20    leaving one or more minor children but no surviving spouse,
21    to the duly appointed guardian of each such child, for
22    support and maintenance of each such child until the child
23    reaches age 18 or marries, whichever occurs first, a
24    monthly pension of 20% of the monthly salary.
25        In a case where the deceased firefighter left one or
26    more minor children but no surviving spouse and the

 

 

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1    guardian of a child is receiving a pension of 12% of the
2    monthly salary on August 16, 2013 (the effective date of
3    Public Act 98-391), the pension is increased by Public Act
4    98-391 to 20% of the monthly salary for each such child,
5    beginning on the pension payment date occurring on or next
6    following August 16, 2013. The changes to this Section made
7    by Public Act 98-391 apply without regard to whether the
8    deceased firefighter was in service on or after August 16,
9    2013.
10        (c) If a deceased firefighter leaves no surviving
11    spouse or unmarried minor children under age 18, but leaves
12    a dependent father or mother, to each dependent parent a
13    monthly pension of 18% of the monthly salary. To qualify
14    for the pension, a dependent parent must furnish
15    satisfactory proof that the deceased firefighter was at the
16    time of his or her death the sole supporter of the parent
17    or that the parent was the deceased's dependent for federal
18    income tax purposes.
19        (d) The total pension provided under paragraphs (a),
20    (b) and (c) of this Section shall not exceed 75% of the
21    monthly salary of the deceased firefighter (1) when paid to
22    the survivor of a firefighter who has attained 20 or more
23    years of service credit and who receives or is eligible to
24    receive a retirement pension under this Article, or (2)
25    when paid to the survivor of a firefighter who dies as a
26    result of illness or accident, or (3) when paid to the

 

 

HB3354- 5 -LRB101 06698 RPS 51725 b

1    survivor of a firefighter who dies from any cause while in
2    receipt of a disability pension under this Article, or (4)
3    when paid to the survivor of a deferred pensioner. For all
4    other survivors of deceased firefighters, the total
5    pension provided under paragraphs (a), (b) and (c) of this
6    Section shall not exceed 50% of the retirement annuity the
7    firefighter would have received on the date of death.
8        The maximum pension limitations in this paragraph (d)
9    do not control over any contrary provision of this Article
10    explicitly establishing a minimum amount of pension or
11    granting a one-time or annual increase in pension.
12        (e) If a firefighter leaves no eligible survivors under
13    paragraphs (a), (b) and (c), the board shall refund to the
14    firefighter's estate the amount of his or her accumulated
15    contributions, less the amount of pension payments, if any,
16    made to the firefighter while living.
17        (f) (Blank).
18        (g) If a judgment of dissolution of marriage between a
19    firefighter and spouse is judicially set aside subsequent
20    to the firefighter's death, the surviving spouse is
21    eligible for the pension provided in paragraph (a) only if
22    the judicial proceedings are filed within 2 years after the
23    date of the dissolution of marriage and within one year
24    after the firefighter's death and the board is made a party
25    to the proceedings. In such case the pension shall be
26    payable only from the date of the court's order setting

 

 

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1    aside the judgment of dissolution of marriage.
2        (h) Benefits payable on account of a child under this
3    Section shall not be reduced or terminated by reason of the
4    child's attainment of age 18 if he or she is then dependent
5    by reason of a physical or mental disability but shall
6    continue to be paid as long as such dependency continues.
7    Individuals over the age of 18 and adjudged as a disabled
8    person pursuant to Article XIa of the Probate Act of 1975,
9    except for persons receiving benefits under Article III of
10    the Illinois Public Aid Code, shall be eligible to receive
11    benefits under this Act.
12        (i) Beginning January 1, 2000, the pension of the
13    surviving spouse of a firefighter who dies on or after
14    January 1, 1994 as a result of sickness, accident, or
15    injury incurred in or resulting from the performance of an
16    act of duty or from the cumulative effects of acts of duty
17    shall not be less than 100% of the salary attached to the
18    rank held by the deceased firefighter on the last day of
19    service, notwithstanding subsection (d) or any other
20    provision of this Article.
21        (j) Beginning July 1, 2004, the pension of the
22    surviving spouse of a firefighter who dies on or after
23    January 1, 1988 as a result of sickness, accident, or
24    injury incurred in or resulting from the performance of an
25    act of duty or from the cumulative effects of acts of duty
26    shall not be less than 100% of the salary attached to the

 

 

HB3354- 7 -LRB101 06698 RPS 51725 b

1    rank held by the deceased firefighter on the last day of
2    service, notwithstanding subsection (d) or any other
3    provision of this Article.
4    Notwithstanding any other provision of this Article, if a
5person who first becomes a firefighter under this Article on or
6after January 1, 2011 and who is not receiving a disability
7pension under Section 4-110 or 4-110.1 dies (1) as a result of
8any illness or accident, (2) from any cause while in receipt of
9a disability pension under this Article, (3) during retirement
10after 20 years service, (4) while vested for or in receipt of a
11pension payable under subsection (b) of Section 4-109, or (5)
12while a deferred pensioner, having made all required
13contributions, then a pension shall be paid to his or her
14survivors in the amount equal to the greater of (i) 54% of the
15firefighter's monthly salary at the date of death or (ii) of 66
162/3% of the firefighter's earned pension at the date of death.
17Nothing in this Section shall act to diminish the survivor's
18benefits described in subsection (j) of this Section.
19Notwithstanding Section 1-103.1, the changes made to this
20subsection apply without regard to whether the deceased
21firefighter was in service on or after the effective date of
22this amendatory Act of the 101st General Assembly.
23    Notwithstanding any other provision of this Article, the
24monthly pension of a survivor of a person who first becomes a
25firefighter under this Article on or after January 1, 2011
26shall be increased on the January 1 after attainment of age 60

 

 

HB3354- 8 -LRB101 06698 RPS 51725 b

1by the recipient of the survivor's pension and each January 1
2thereafter by 3% or one-half the annual unadjusted percentage
3increase in the consumer price index-u for the 12 months ending
4with the September preceding each November 1, whichever is
5less, of the originally granted survivor's pension. If the
6annual unadjusted percentage change in the consumer price
7index-u for a 12-month period ending in September is zero or,
8when compared with the preceding period, decreases, then the
9survivor's pension shall not be increased.
10    For the purposes of this Section, "consumer price index-u"
11means the index published by the Bureau of Labor Statistics of
12the United States Department of Labor that measures the average
13change in prices of goods and services purchased by all urban
14consumers, United States city average, all items, 1982-84 =
15100. The new amount resulting from each annual adjustment shall
16be determined by the Public Pension Division of the Department
17of Insurance and made available to the boards of the pension
18funds.
19(Source: P.A. 98-391, eff. 8-16-13; 98-756, eff. 7-16-14.)
 
20    Section 90. The State Mandates Act is amended by adding
21Section 8.43 as follows:
 
22    (30 ILCS 805/8.43 new)
23    Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
24of this Act, no reimbursement by the State is required for the

 

 

HB3354- 9 -LRB101 06698 RPS 51725 b

1implementation of any mandate created by this amendatory Act of
2the 101st General Assembly.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.