093_HB0380

 
                                     LRB093 03962 EFG 04001 b

 1        AN ACT in relation to 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 Sections 6-128, 6-140, 6-144, and 6-151 as follows:

 6        (40 ILCS 5/6-128) (from Ch. 108 1/2, par. 6-128)
 7        Sec. 6-128. Alternative annuity for future entrants.
 8        (a)  A future entrant who withdraws on or after July  21,
 9    1959,  after completing at least 23 years of service, and for
10    whom the annuity otherwise provided in this Article  is  less
11    than  that  stated  in  this  Section, has a right to receive
12    annuity as follows:
13        If he is age 53 or more on withdrawal, his annuity  after
14    withdrawal,  shall  be  equal  to  50%  of his average salary
15    determined by striking an average of  4  consecutive  highest
16    years   of  salary  within  the  last  10  years  of  service
17    immediately preceding the date of withdrawal.
18        An employee who reaches compulsory retirement age and who
19    has less than 23 years of service  shall  be  entitled  to  a
20    minimum  annuity equal to an amount determined by the product
21    of (1) his years of service and (2) 2% of his average  salary
22    for the 4 consecutive highest years of salary within the last
23    10  years  of  service  immediately  prior  to  his  reaching
24    compulsory retirement age.
25        An  employee  who remains in service after qualifying for
26    annuity under this Section shall have added to  this  annuity
27    an additional 1% of average salary for each completed year of
28    service or fraction thereof rendered until July 21, 1959, and
29    an  additional  1%  for  a total of 2% of average salary from
30    July 21, 1959.  Each future  entrant  who  has  completed  23
31    years  of  service before reaching age 53 shall have added to
 
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 1    this annuity 1% of average salary for each completed year  of
 2    service  or  fraction thereof in excess of 23 years up to age
 3    53. "Salary" as  referred  to  in  this  paragraph  shall  be
 4    determined  by  striking  an  average  of  the  4 consecutive
 5    highest years of salary within the last 10 years  of  service
 6    immediately preceding withdrawal.
 7        (b)  In  lieu  of  the  annuity provided in the foregoing
 8    provisions of this Section any future entrant  who  withdraws
 9    from  the  service either (i) after December 31, 1983 with at
10    least 22 years of service credit and having attained  age  52
11    in the service, or (ii) after December 31, 1984 with at least
12    21  years of service credit and having attained age 51 in the
13    service, or (iii) after December 31, 1985 with  at  least  20
14    years  of  service  credit  and having attained age 50 in the
15    service, or (iv) after December 31, 1990  with  at  least  20
16    years  of  service regardless of age, may elect to receive an
17    annuity, to begin not earlier than upon attainment of age  50
18    if  under  that  age  at withdrawal, computed as follows:  an
19    annuity equal to 50% of the average salary for the 4  highest
20    consecutive  years  of  the  last  10  years of service, plus
21    additional annuity equal to 2% of  such  average  salary  for
22    each  completed  year of service or fraction thereof rendered
23    after his completion  of  the  minimum  number  of  years  of
24    service required for him to be eligible under this subsection
25    (b).  However, the annuity provided under this subsection (b)
26    may  not  exceed  80%  75% of such average salary (75% if the
27    last day of service is before  the  effective  date  of  this
28    amendatory Act of the 93rd General Assembly).
29        (c)  For  the  purpose  of this Section, "average salary"
30    means the average of  the  highest  4  consecutive  years  of
31    salary within the last 10 years of service.
32    (Source: P.A. 86-1488.)

33        (40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
 
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 1        Sec. 6-140.  Death in the line of duty.
 2        (a)  The  annuity  for the widow of a fireman whose death
 3    results from the performance of an act or acts of duty  shall
 4    be  an amount equal to the following specified percentage 50%
 5    of the current  annual  salary  attached  to  the  classified
 6    position  to  which  the fireman was certified at the time of
 7    his death: 50% until January 1, 1973;  75%  and  75%  thereof
 8    after  December 31, 1972 and until the effective date of this
 9    amendatory Act of the 93rd General Assembly; and 80%  on  and
10    after that effective date.
11        Unless  the performance of an act or acts of duty results
12    directly in the death of the fireman, or  prevents  him  from
13    subsequently  resuming active service in the fire department,
14    the annuity herein provided shall not be paid; nor shall such
15    annuities be paid unless  the  widow  was  the  wife  of  the
16    fireman at the time of the act or acts of duty which resulted
17    in his death.
18        (b)  The changes made to this Section by Public Act 92-50
19    and  this  amendatory  Act of the 93rd General Assembly apply
20    without regard to whether the deceased fireman was in service
21    on or after the effective date of that this  amendatory  Act.
22    In  the  case  of  a  widow  receiving  an annuity under this
23    Section that has  been  reduced  to  40%  of  current  salary
24    because  the  fireman,  had he lived, would have attained the
25    age prescribed for compulsory retirement, the  annuity  shall
26    be  restored  to  the amount provided in subsection (a), with
27    the increase beginning to accrue on the later of  January  1,
28    2001 or the day the annuity first became payable.
29        The  changes  made to this Section by this amendatory Act
30    of the 93rd General Assembly apply without regard to  whether
31    the deceased fireman was in service on or after the effective
32    date of this amendatory Act.
33    (Source: P.A. 92-50, eff. 7-12-01.)
 
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 1        (40 ILCS 5/6-144) (from Ch. 108 1/2, par. 6-144)
 2        Sec.  6-144.  Maximum  annuity to fireman.  No annuity in
 3    excess of 80% (75% if the last day of service is  before  the
 4    effective  date  of  this  amendatory Act of the 93rd General
 5    Assembly) of the  highest  salary  received  by  the  fireman
 6    concerned  shall  be  granted  or  paid  to him except to the
 7    extent that the annuity may exceed that amount such 75% under
 8    the provisions of Section 6-164 of this Article.
 9    (Source: P. A. 77-1353.)

10        (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
11        Sec. 6-151.  Duty disability.
12        (a)  An active fireman who is or becomes disabled  on  or
13    after  the effective date as the result of a specific injury,
14    or of cumulative injuries, or of specific  sickness  incurred
15    in  or  resulting from an act or acts of duty, shall have the
16    right to receive duty disability benefit during any period of
17    such disability for which he does not receive or have a right
18    to receive salary, equal to 80% 75% of his salary at the time
19    the disability is allowed (75% if the disability  is  allowed
20    before  the effective date of this amendatory Act of the 93rd
21    General Assembly).  However, beginning January  1,  1994,  no
22    duty  disability  benefit  that  has  been payable under this
23    Section for at least 10 years shall be less than 50%  of  the
24    current  salary  attached  from  time to time to the rank and
25    grade held by the fireman at the time of his removal from the
26    Department  payroll,  regardless  of  whether  that   removal
27    occurred  before the effective date of this amendatory Act of
28    1993.
29        (b)  Whenever an active fireman is or becomes so  injured
30    or  sick,  as  to  require medical or hospital attention, the
31    chief officer of the fire department of the city shall  file,
32    or  cause  to be filed, with the board a report of the nature
33    and cause of his disability, together with the certificate or
 
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 1    report  of  the  physician  attending  or  treating,  or  who
 2    attended or treated the fireman, and a copy of  any  hospital
 3    record concerning the disability.  Any injury or sickness not
 4    reported to the board in time to permit the board's physician
 5    to examine the fireman before his recovery, and any injury or
 6    sickness  for  which  a  physician's  report  or  copy of the
 7    hospital record is not on file with the board  shall  not  be
 8    considered for the payment of duty disability benefit.
 9        (c)  Such fireman shall also receive a child's disability
10    benefit  of $30 per month on account of each unmarried child,
11    the issue of the fireman or legally adopted by him  prior  to
12    the  date  of disability, who is less than 18 years of age or
13    handicapped and dependent upon the fireman for support.   The
14    total  amount  of child's disability benefit shall not exceed
15    25% of his salary at the time the disability is allowed.
16        (d)  The first payment  of  duty  disability  or  child's
17    disability  benefit  shall  be  made not later than one month
18    after the benefit is granted.  Each subsequent payment  shall
19    be made not later than one month after the date of the latest
20    payment.
21        Duty  disability  benefit  shall  be  payable  during the
22    period of the disability until the fireman reaches the age of
23    compulsory retirement.  Child's disability benefit  shall  be
24    paid  to such a fireman during the period of disability until
25    such child or children attain age 18  or  marries,  whichever
26    event  occurs  first;  except  that attainment of age 18 by a
27    child who is so physically or mentally handicapped as  to  be
28    dependent  upon the fireman for support, shall not render the
29    child ineligible for child's disability benefit.  The fireman
30    shall thereafter receive such annuity  or  annuities  as  are
31    provided  for him in accordance with other provisions of this
32    Article.
33    (Source: P.A. 88-528.)
 
                            -6-      LRB093 03962 EFG 04001 b
 1        Section 90.  The State Mandates Act is amended by  adding
 2    Section 8.27 as follows:

 3        (30 ILCS 805/8.27 new)
 4        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
 5    and 8 of this Act, no reimbursement by the State is  required
 6    for  the  implementation  of  any  mandate  created  by  this
 7    amendatory Act of the 93rd General Assembly.

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