093_HB2619

 
                                     LRB093 03401 LRD 03419 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 Section 4-109.1 as follows:

 6        (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
 7        Sec. 4-109.1.  Increase in pension.
 8        (a)  Except  as  provided  in subsection (e), the monthly
 9    pension of a firefighter who retires after July 1,  1971  and
10    prior to January 1, 1986, shall, upon either the first of the
11    month   following  the  first  anniversary  of  the  date  of
12    retirement if 60 years of age or over at retirement date,  or
13    upon  the  first day of the month following attainment of age
14    60 if it occurs after the first anniversary of retirement, be
15    increased by 2% of the originally granted monthly pension and
16    by an additional 2% in each  January  thereafter.   Effective
17    January  1976, the rate of the annual increase shall be 3% of
18    the originally granted monthly pension.
19        (b)  The monthly pension of  a  firefighter  who  retired
20    from  service  with 20 or more years of service, on or before
21    July 1, 1971, shall be increased,  in  January  of  the  year
22    following the year of attaining age 65 or in January 1972, if
23    then  over  age  65,  by 2% of the originally granted monthly
24    pension, for  each  year  the  firefighter  received  pension
25    payments.    In  each  January  thereafter,  he  or she shall
26    receive an additional increase of 2% of the original  monthly
27    pension.   Effective  January  1976,  the  rate of the annual
28    increase shall be 3%.
29        (c)  The  monthly  pension  of  a  firefighter   who   is
30    receiving  a  disability  pension under this Article shall be
31    increased, in January of the  year  following  the  year  the
 
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 1    firefighter  attains  age  55 60, or in January 2004 1974, if
 2    the firefighter is then over age 55 and has not yet  received
 3    the  initial  increase 60, by 3% 2% of the originally granted
 4    monthly pension for each year  he  or  she  received  pension
 5    payments.    In  each  January  after  the  initial  increase
 6    thereafter,  the  firefighter  shall  receive  an  additional
 7    increase of 3% 2% of  the  amount  of  the  original  monthly
 8    pension  otherwise  payable  on  the  date  of  the increase,
 9    including all previous increases  under  this  Article.   The
10    changes  made  to  this  subsection  (c)  are  not limited to
11    persons in active service on or after the effective  date  of
12    this  amendatory  Act of the 93rd General Assembly, but apply
13    only  to  increases  accruing  in  or  after  January,  2004.
14    Effective January 1976, the rate of the annual increase shall
15    be 3%.
16        (c-1)  On  January  1,  1998,  every  child's  disability
17    benefit payable on that date under Section 4-110  or  4-110.1
18    shall  be  increased  by an amount equal to 1/12 of 3% of the
19    amount of the benefit, multiplied by the number of months for
20    which the benefit  has  been  payable.   On  each  January  1
21    thereafter,  every  child's  disability benefit payable under
22    Section 4-110 or 4-110.1 shall be  increased  by  3%  of  the
23    amount of the benefit then being paid, including any previous
24    increases  received  under this Article.  These increases are
25    not subject to any limitation on the maximum  benefit  amount
26    included in Section 4-110 or 4-110.1.
27        (d)  The  monthly  pension  of  a firefighter who retires
28    after January 1, 1986, shall, upon either the  first  of  the
29    month   following  the  first  anniversary  of  the  date  of
30    retirement if 55 years of age or over, or upon the first  day
31    of  the  month  following  attainment  of age 55 if it occurs
32    after the first anniversary of retirement,  be  increased  by
33    1/12 of 3% of the originally granted monthly pension for each
34    full  month  that has elapsed since the pension began, and by
 
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 1    an additional 3% in each January thereafter.
 2        The  changes  made  to  this  subsection  (d)   by   this
 3    amendatory  Act  of  the  91st  General Assembly apply to all
 4    initial increases that become payable under  this  subsection
 5    on  or  after  January  1,  1999.  All initial increases that
 6    became payable under this subsection on or after  January  1,
 7    1999  and  before  the  effective date of this amendatory Act
 8    shall be recalculated and the additional amount accruing  for
 9    that  period,  if any, shall be payable to the pensioner in a
10    lump sum.
11        (e)  Notwithstanding the provisions  of  subsection  (a),
12    upon  the  first  day  of  the  month following (1) the first
13    anniversary of the date of retirement, or (2) the  attainment
14    of  age 55, or (3) July 1, 1987, whichever occurs latest, the
15    monthly pension of a firefighter  who  retired  on  or  after
16    January  1, 1977 and on or before January 1, 1986 and did not
17    receive an increase under subsection (a) before July 1, 1987,
18    shall be increased by 3% of the  originally  granted  monthly
19    pension for each full year that has elapsed since the pension
20    began,  and  by  an additional 3% in each January thereafter.
21    The increases provided under this subsection are in  lieu  of
22    the increases provided in subsection (a).
23    (Source: P.A. 90-32, eff. 6-27-97; 91-466, eff. 8-6-99.)

24        Section  90.  The State Mandates Act is amended by adding
25    Section 8.27 as follows:

26        (30 ILCS 805/8.27 new)
27        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
28    and  8 of this Act, no reimbursement by the State is required
29    for  the  implementation  of  any  mandate  created  by  this
30    amendatory Act of the 93rd General Assembly.

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