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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6564 Introduced , by Rep. Daniel J. Burke SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/5-132 | from Ch. 108 1/2, par. 5-132 | 40 ILCS 5/5-167.1 | from Ch. 108 1/2, par. 5-167.1 | 40 ILCS 5/5-167.4 | from Ch. 108 1/2, par. 5-167.4 | 40 ILCS 5/6-128.2 | from Ch. 108 1/2, par. 6-128.2 | 40 ILCS 5/6-128.4 | from Ch. 108 1/2, par. 6-128.4 | 40 ILCS 5/6-164 | from Ch. 108 1/2, par. 6-164 | 30 ILCS 805/8.40 new | |
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Amends the Chicago Police and Chicago Firefighter Articles of the Illinois Pension Code. Provides that any fireman or policeman born after December 31, 1954 but before January 1, 1966 shall be entitled to receive 3% automatic annual increases to his or her annuity. Provides that the automatic annual increase is not subject to the 30% maximum. Provides that the initial increase shall be in an amount equal to 3% for each complete year following the date of retirement or attainment of age 55, whichever occurs later. Provides that beginning January 1, 2017, the minimum widow's annuity and minimum retirement annuity payable to any person who has retired from service at age 50 or over with 20 or more years of service and is entitled to receive a retirement annuity under this Article on that date, or who retires from service at age 50 or over with 20 or more years of service after that date, shall be no less than 125% of the Federal Poverty Level. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | PENSION IMPACT NOTE ACT MAY APPLY | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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1 | | AN ACT concerning public employee benefits.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Pension Code is amended by changing |
5 | | Sections 5-132, 5-167.1, 5-167.4, 6-128.2, 6-128.4, and 6-164 |
6 | | as follows:
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7 | | (40 ILCS 5/5-132)
(from Ch. 108 1/2, par. 5-132)
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8 | | Sec. 5-132. Minimum annuity. Any policeman who withdraws on |
9 | | or after
July 8, 1957, or any policeman
transferred to the |
10 | | police service of the city under the Exchange of
Functions Act |
11 | | of 1957 who withdraws on or after July 17, 1959, after
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12 | | completing at least 20 years of service, for whom the
annuity |
13 | | otherwise provided in this Article is less than that stated in |
14 | | this
Section has a right to receive annuity as follows:
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15 | | (a) If he is age 55 or more on withdrawal, his annuity |
16 | | after such
withdrawal, shall be equal to 2% of the average |
17 | | salary for 4 consecutive
years of highest salaries within the |
18 | | last 10 years of service before
withdrawal, for each year of |
19 | | service, together with 1/6 of 1% of such
average salary for |
20 | | each complete month of service of each fractional year,
but not |
21 | | in excess of 75% of the average annual salary.
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22 | | (b) If he is age 50 or more but less than age 55 on |
23 | | withdrawal, his
annuity shall be equal to 2% of the average |
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1 | | salary for the 4 highest
consecutive years of the last 10 years |
2 | | of service for each year of service,
together with 1/16 of 1% |
3 | | of such average salary for each month of each
fractional year |
4 | | of service, reduced by 1/2 of 1% for each month that he is
less |
5 | | than age 55.
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6 | | (c) If he is less than age 50 on withdrawal, he may, upon |
7 | | attainment of
age 50 or over, become entitled to the annuity |
8 | | provided in this Section or,
he may, upon application before |
9 | | age 50, receive a refund of the deductions
from salary, plus |
10 | | interest at 1 1/2% per annum if he is entitled to refund
under |
11 | | Section 5-163.
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12 | | (d) In lieu of the annuity provided in the foregoing |
13 | | provisions of this
Section 5-132 any policeman who withdraws |
14 | | from the service after December
31, 1973, after having attained |
15 | | age 53 in the service with
23 or more years of service credit |
16 | | shall be entitled to an
annuity computed as follows if such |
17 | | annuity is greater than that provided
in the foregoing |
18 | | paragraphs of this Section 5-132: An annuity equal to
50% of |
19 | | the average salary for the 4
highest consecutive years of the |
20 | | last 10 years of service plus
additional annuity equal to 2% of |
21 | | such average salary for each completed
year of service or |
22 | | fraction
thereof rendered after his attainment of age 53 and |
23 | | the completion
of 23 years of service.
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24 | | Any policeman who has completed 23 years of service prior |
25 | | to
his attainment of age 53 in the service and continues in the
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26 | | service until his attainment of age 53 shall have added to his
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1 | | annuity, computed as provided in the immediately preceding |
2 | | paragraph, an
additional annuity equal to 1% of such average |
3 | | salary for each
completed year of service or fraction thereof |
4 | | in excess of 23
years up to age 53.
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5 | | (e) In lieu of the annuity provided in the foregoing |
6 | | provisions of this
Section any policeman who withdraws from the |
7 | | service either (i) after
December 31, 1983 with at least 22 |
8 | | years of service credit and having
attained age 52 in the |
9 | | service, or (ii) after December 31, 1984 with at
least 21 years |
10 | | of service credit and having attained age 51 in the service,
or |
11 | | (iii) after December 31, 1985 with at least 20 years of service |
12 | | credit
and having attained age 50 in the service, or (iv) after |
13 | | December 31,
1990, with at least 20 years of service credit |
14 | | regardless of age, shall
be entitled to an annuity to begin not |
15 | | earlier than upon attainment of
age 50 if under such age at |
16 | | withdrawal, computed as follows: an annuity
equal to 50% of the |
17 | | average salary for the 4 highest consecutive years of the
last |
18 | | 10 years of service, plus additional annuity equal to 2% of |
19 | | such average
salary for each completed year of service or |
20 | | fraction thereof rendered after
his completion of the minimum |
21 | | number of years of service required for him to be
eligible |
22 | | under this subsection (e). In lieu of any annuity provided in |
23 | | the
foregoing provisions of this Section, any policeman who |
24 | | withdraws from the
service after December 31, 2003, with at |
25 | | least 20 years of service credit
regardless of age, shall be |
26 | | entitled to an annuity to begin not earlier than
upon |
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1 | | attainment of age 50, if under that age at withdrawal, equal to |
2 | | 2.5% of
the average salary for the 4 highest consecutive years |
3 | | of the last 10 years of
service for each completed year of |
4 | | service or fraction thereof. However,
the annuity provided |
5 | | under this subsection (e) may not exceed 75% of such
average |
6 | | salary.
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7 | | (e-5) Beginning January 1, 2017, the minimum retirement |
8 | | annuity payable to any person who has retired from service at |
9 | | age 50 or over with 20 or more years of service and is entitled |
10 | | to receive a retirement annuity under this Article on that |
11 | | date, or who retires from service at age 50 or over with 20 or |
12 | | more years of service after that date, shall be no less than |
13 | | 125% of the Federal Poverty Level. For purposes of this |
14 | | Section, the "Federal Poverty Level" shall be determined |
15 | | pursuant to the poverty guidelines updated periodically in the |
16 | | Federal Register by the United States Department of Health and |
17 | | Human Services under the authority of 42 U.S.C. 9902(2). |
18 | | For the purposes of Section 1-103.1, the changes made to |
19 | | this Section by this amendatory Act of the
99th General |
20 | | Assembly apply without regard to whether the retirement of the
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21 | | policeman occurred prior to the effective date of this |
22 | | amendatory Act. |
23 | | (f) A policeman withdrawing after September 1, 1969, may, |
24 | | in addition, be
entitled to the benefits provided by Section |
25 | | 5-167.1 of this Article if he
so qualifies under that Section.
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26 | | If, on withdrawal, total service is less than 20 years, the |
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1 | | policeman
shall not be entitled to an annuity under this |
2 | | Section but may receive an
annuity under the other provisions |
3 | | of this Article or, if entitled thereto
under Section 5-163, a |
4 | | refund of the deductions from salary, including, in
the case of |
5 | | policemen transferred to the police service of the city under
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6 | | the Exchange of Functions Act of 1957, the additional |
7 | | contribution paid on
salary received from August 1, 1957, to |
8 | | July 17, 1959, as provided in the
Park Policemen's Annuity Act, |
9 | | together with interest at 1 1/2% per annum.
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10 | | Moneys voluntarily contributed under the Policemen's |
11 | | Annuity and Benefit
Fund Act of the Illinois Municipal Code, or |
12 | | the Park Policemen's Annuity
Act, shall be refunded to the |
13 | | contributing policemen who were in service on
January 1, 1954, |
14 | | or in the case of policemen transferred to the police
service |
15 | | of the city under the Exchange of Functions Act of 1957, who |
16 | | were
in service on July 17, 1959.
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17 | | The age and service annuity formula in this Section shall |
18 | | not apply to
any policeman who, having retired before July 8, |
19 | | 1957, or before July 17,
1959, in the case of a policeman |
20 | | transferred under the provisions of the
Exchange of Functions |
21 | | Act of 1957, re-enters the police service after such
dates, |
22 | | whichever are applicable.
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23 | | (Source: P.A. 93-654, eff. 1-16-04 .)
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24 | | (40 ILCS 5/5-167.1) (from Ch. 108 1/2, par. 5-167.1)
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25 | | Sec. 5-167.1. Automatic increase in annuity; retirement |
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1 | | from service
after September 1, 1967. |
2 | | (a) A policeman who retires from service after September 1, |
3 | | 1967
with at least 20 years of service credit shall, upon |
4 | | either the first
of the month following the first anniversary |
5 | | of his date of retirement
if he is age 60 (age 55 if born before |
6 | | January 1, 1966 1955 )
or over on that anniversary date, or upon |
7 | | the first of the month following
his attainment of age 60 (age |
8 | | 55 if born before January 1, 1966 1955 )
if it occurs after the |
9 | | first anniversary of his retirement date, have his
then fixed |
10 | | and payable monthly annuity increased by 1 1/2% and such first
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11 | | fixed annuity as granted at retirement increased by an |
12 | | additional 1 1/2% in
January of each year thereafter up to a |
13 | | maximum increase of 30%. Beginning
January 1, 1983 for |
14 | | policemen born before January 1, 1930, and beginning
January 1, |
15 | | 1988 for policemen born on or after January 1, 1930 but before
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16 | | January 1, 1940, and beginning January 1, 1996 for policemen |
17 | | born on or after
January 1, 1940 but before January 1, 1945, |
18 | | and beginning January 1, 2000
for policemen born on or after |
19 | | January 1, 1945 but before January 1, 1950, and beginning |
20 | | January 1, 2005
for policemen born on or after January 1, 1950 |
21 | | but before January 1, 1955, and beginning January 1, 2017
for |
22 | | policemen born on or after January 1, 1955 but before January |
23 | | 1, 1966,
such increases shall be 3% and such policemen shall |
24 | | not be subject to the
30% maximum increase.
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25 | | Any policeman born before January 1, 1945 who qualifies for |
26 | | a minimum
annuity and retires after September 1, 1967 but has |
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1 | | not received the initial
increase under this subsection before |
2 | | January 1, 1996 is entitled to receive
the initial increase |
3 | | under this subsection on (1) January 1, 1996, (2) the
first |
4 | | anniversary of the date of retirement, or (3) attainment of age |
5 | | 55,
whichever occurs last. The changes to this Section made by |
6 | | Public Act
89-12 apply beginning January 1, 1996 and
without |
7 | | regard to whether the policeman or annuitant terminated service |
8 | | before
the effective date of that Act.
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9 | | Any policeman born before January 1, 1950 who qualifies for |
10 | | a minimum
annuity and retires after September 1, 1967 but has |
11 | | not received the initial
increase under this subsection before |
12 | | January 1, 2000 is entitled to receive
the initial increase |
13 | | under this subsection on (1) January 1, 2000, (2) the
first |
14 | | anniversary of the date of retirement, or (3) attainment of age |
15 | | 55,
whichever occurs last. The changes to this Section made by |
16 | | this amendatory
Act of the 92nd General Assembly apply without |
17 | | regard to whether the policeman
or annuitant terminated service |
18 | | before the effective date of this amendatory
Act.
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19 | | Any policeman born before January 1, 1955 who qualifies for |
20 | | a minimum
annuity and retires after September 1, 1967 but has |
21 | | not received the initial
increase under this subsection before |
22 | | January 1, 2005 is entitled to receive
the initial increase |
23 | | under this subsection on (1) January 1, 2005, (2) the
first |
24 | | anniversary of the date of retirement, or (3) attainment of age |
25 | | 55,
whichever occurs last. The changes to this Section made by |
26 | | this amendatory
Act of the 94th General Assembly apply without |
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1 | | regard to whether the policeman
or annuitant terminated service |
2 | | before the effective date of this amendatory
Act.
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3 | | Any policeman born before January 1, 1966 who qualifies for
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4 | | a minimum annuity and retires after
September 1, 1967 but has |
5 | | not received the initial increase
under this subsection before |
6 | | January 1, 2017 is entitled to
receive an initial increase |
7 | | under this subsection on (1)
January 1, 2017, (2) the first |
8 | | anniversary of the date of
retirement, or (3) attainment of age |
9 | | 55, whichever occurs last, in an amount equal to 3% for each |
10 | | complete year following the date of retirement or attainment of |
11 | | age 55, whichever occurs later. The changes to this Section |
12 | | made by this amendatory
Act of the 99th General Assembly apply |
13 | | without regard to whether the policeman
or annuitant terminated |
14 | | service before the effective date of this amendatory
Act. |
15 | | (b) Subsection (a) of this Section is
not applicable to an |
16 | | employee receiving a term annuity.
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17 | | (c) To help defray the cost of such increases in annuity, |
18 | | there shall
be deducted, beginning September 1, 1967, from each |
19 | | payment of salary to a
policeman, 1/2 of 1% of each salary |
20 | | payment concurrently with and in addition
to the salary |
21 | | deductions otherwise made for annuity purposes.
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22 | | The city, in addition to the contributions otherwise made |
23 | | by it for
annuity purposes under other provisions of this |
24 | | Article, shall make
matching contributions concurrently with |
25 | | such salary deductions.
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26 | | Each such 1/2 of 1% deduction from salary and each such |
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1 | | contribution
by the city of 1/2 of 1% of salary shall be |
2 | | credited to the Automatic
Increase Reserve, to be used to |
3 | | defray the cost of the 1 1/2% annuity
increase provided by this |
4 | | Section. Any balance in such reserve as of the
beginning of |
5 | | each calendar year shall be credited with interest at the
rate |
6 | | of 3% per annum.
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7 | | Such deductions from salary and city contributions shall |
8 | | continue
while the policeman is in service.
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9 | | The salary deductions provided in this Section are not |
10 | | subject to
refund, except to the policeman himself, in any case |
11 | | in which a
policeman withdraws prior to qualification for |
12 | | minimum annuity and
applies for refund or applies for annuity, |
13 | | and also where a term annuity
becomes payable. In such cases, |
14 | | the total of such salary deductions
shall be refunded to the |
15 | | policeman, without interest, and charged to the
Automatic |
16 | | Increase Reserve.
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17 | | (d) Notwithstanding any other provision of this Article, |
18 | | the monthly annuity of a
person who first becomes a policeman |
19 | | under this Article on or after the effective date of this |
20 | | amendatory Act of the 97th General Assembly shall be increased |
21 | | on the January 1 occurring either on or after the attainment of |
22 | | age 60 or the first anniversary of the annuity start date, |
23 | | whichever is later. Each annual increase shall be calculated at |
24 | | 3% or one-half the annual unadjusted percentage increase (but |
25 | | not less than zero) in the consumer price index-u for the 12 |
26 | | months ending with the September preceding each November 1, |
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1 | | whichever is less, of the originally granted retirement |
2 | | annuity. If the annual unadjusted percentage change in the |
3 | | consumer price index-u for a 12-month period ending in |
4 | | September is zero or, when compared with the preceding period, |
5 | | decreases, then the annuity shall not be increased. |
6 | | For the purposes of this subsection (d), "consumer price |
7 | | index-u" means the index published by the Bureau of Labor |
8 | | Statistics of the United States Department of Labor that |
9 | | measures the average change in prices of goods and services |
10 | | purchased by all urban consumers, United States city average, |
11 | | all items, 1982-84 = 100. The new amount resulting from each |
12 | | annual adjustment shall be determined by the Public Pension |
13 | | Division of the Department of Insurance and made available to |
14 | | the boards of the pension funds. |
15 | | (Source: P.A. 96-1495, eff. 1-1-11; 97-344, eff. 8-12-11.)
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16 | | (40 ILCS 5/5-167.4)
(from Ch. 108 1/2, par. 5-167.4)
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17 | | Sec. 5-167.4. Widow annuitant minimum annuity.
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18 | | (a) Notwithstanding any other provision of this Article, |
19 | | beginning
January 1, 1996, the minimum amount of widow's |
20 | | annuity payable to any person
who is entitled to receive a |
21 | | widow's annuity under this Article is $700 per
month, without |
22 | | regard to whether the deceased policeman is in service on or
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23 | | after the effective date of this amendatory Act of 1995.
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24 | | Notwithstanding any other provision of this Article, |
25 | | beginning
January 1, 1999, the minimum amount of widow's |
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1 | | annuity payable to any person
who is entitled to receive a |
2 | | widow's annuity under this Article is $800 per
month, without |
3 | | regard to whether the deceased policeman is in service on or
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4 | | after the effective date of this amendatory Act of 1998.
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5 | | Notwithstanding any other provision of this Article, |
6 | | beginning
January 1, 2004, the minimum amount of widow's |
7 | | annuity payable to any person
who is entitled to receive a |
8 | | widow's annuity under this Article is $900 per
month, without |
9 | | regard to whether the deceased policeman is in service on or
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10 | | after the effective date of this amendatory Act of the 93rd |
11 | | General Assembly.
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12 | | Notwithstanding any other provision of this Article, |
13 | | beginning
January 1, 2005, the minimum amount of widow's |
14 | | annuity payable to any person
who is entitled to receive a |
15 | | widow's annuity under this Article is $1,000 per
month, without |
16 | | regard to whether the deceased policeman is in service on or
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17 | | after the effective date of this amendatory Act of the 93rd |
18 | | General Assembly.
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19 | | (b) Effective January 1, 1994, the minimum amount of |
20 | | widow's annuity
shall be $700 per month for the following |
21 | | classes of widows, without regard to
whether the deceased |
22 | | policeman is in service on or after the effective date of
this |
23 | | amendatory Act of 1993: (1) the widow of a policeman who dies |
24 | | in service
with at least 10 years of service credit, or who |
25 | | dies in service after June 30,
1981; and (2) the widow of a |
26 | | policeman who withdraws from service with 20 or
more years of |
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1 | | service credit and does not withdraw a refund, provided that |
2 | | the
widow is married to the policeman before he withdraws from |
3 | | service.
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4 | | (b-5) Notwithstanding any other provision of this Article, |
5 | | beginning January 1, 2017, the minimum widow's annuity under |
6 | | this Article shall be no less than 125% of the Federal Poverty |
7 | | Level for all persons receiving widow's annuities on or after |
8 | | that date, without regard to whether the deceased policeman is |
9 | | in service on or after the effective date of this amendatory |
10 | | Act of the 99th General Assembly. For purposes of this Section, |
11 | | the "Federal Poverty Level" shall be determined pursuant to the |
12 | | poverty guideline updated periodically in the Federal Register |
13 | | by the United States Department of Health and Human Services |
14 | | under the authority of 42 U.S.C. 9902(2). |
15 | | (c) The city, in addition to the contributions otherwise |
16 | | made by it
under the other provisions of this Article, shall |
17 | | make such contributions
as are necessary for the minimum |
18 | | widow's annuities provided under
this Section in the manner |
19 | | prescribed in Section 5-175.
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20 | | (Source: P.A. 93-654, eff. 1-16-04.)
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21 | | (40 ILCS 5/6-128.2)
(from Ch. 108 1/2, par. 6-128.2)
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22 | | Sec. 6-128.2. Minimum retirement annuities.
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23 | | (a) Beginning with the monthly payment due in January, |
24 | | 1988, the monthly
annuity payment for any person who is |
25 | | entitled to receive a retirement
annuity under this Article in |
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1 | | January, 1990 and has retired from service at
age 50 or over |
2 | | with 20 or more years of service, and for any person who
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3 | | retires from service on or after January 24, 1990 at age 50 or |
4 | | over
with 20 or more years of service, shall not be less than |
5 | | $475 per month.
The $475 minimum annuity is exclusive of any |
6 | | automatic annual increases
provided by Sections 6-164 and |
7 | | 6-164.1, but not exclusive of previous
raises in the minimum |
8 | | annuity as provided by any Section of this Article.
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9 | | Beginning January 1, 1992, the minimum retirement annuity |
10 | | payable to
any person who has retired from service at age 50 or |
11 | | over with 20 or more
years of service and is entitled to |
12 | | receive a retirement annuity under this
Article on that date, |
13 | | or who retires from service at age 50 or over with 20
or more |
14 | | years of service after that date, shall be $650 per month.
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15 | | Beginning January 1, 1993, the minimum retirement annuity |
16 | | payable to
any person who has retired from service at age 50 or |
17 | | over with 20 or more
years of service and is entitled to |
18 | | receive a retirement annuity under this
Article on that date, |
19 | | or who retires from service at age 50 or over with 20
or more |
20 | | years of service after that date, shall be $750 per month.
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21 | | Beginning January 1, 1994, the minimum retirement annuity |
22 | | payable to
any person who has retired from service at age 50 or |
23 | | over with 20 or more
years of service and is entitled to |
24 | | receive a retirement annuity under this
Article on that date, |
25 | | or who retires from service at age 50 or over with 20
or more |
26 | | years of service after that date, shall be $850 per month.
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1 | | Beginning January 1, 2004, the minimum retirement annuity |
2 | | payable to any
person who has retired from service at age 50 or |
3 | | over with 20 or more years of
service and is entitled to |
4 | | receive a retirement annuity under this Article on
that date, |
5 | | or who retires from service at age 50 or over with 20 or more |
6 | | years
of service after that date, shall be $950 per month.
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7 | | Beginning January 1, 2005, the minimum retirement annuity |
8 | | payable to any
person who has retired from service at age 50 or |
9 | | over with 20 or more years of
service and is entitled to |
10 | | receive a retirement annuity under this Article on
that date, |
11 | | or who retires from service at age 50 or over with 20 or more |
12 | | years
of service after that date, shall be $1,050 per month.
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13 | | Beginning January 1, 2017, the minimum retirement annuity |
14 | | payable to any person who has retired from service at age 50 or |
15 | | over with 20 or more years of service and is entitled to |
16 | | receive a retirement annuity under this Article on that date, |
17 | | or who retires from service at age 50 or over with 20 or more |
18 | | years of service after that date, shall be no less than 125% of |
19 | | the Federal Poverty Level. For purposes of this Section, the |
20 | | "Federal Poverty Level" shall be determined pursuant to the |
21 | | poverty guidelines updated periodically in the Federal |
22 | | Register by the United States Department of Health and Human |
23 | | Services under the authority of 42 U.S.C. 9902(2). |
24 | | The minimum annuities established by this subsection (a) do |
25 | | include
previous raises in the minimum annuity as provided by |
26 | | any Section of this
Article, but do not include any sums which |
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1 | | have been added or will be added
to annuity payments by the |
2 | | automatic annual increases provided by Sections
6-164 and |
3 | | 6-164.1. Such annual increases shall be paid in addition to the
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4 | | minimum amounts specified in this subsection.
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5 | | (b) Notwithstanding any other provision of this Article, |
6 | | beginning
January 1, 1990, the minimum retirement annuity |
7 | | payable to any person who
is entitled to receive a retirement |
8 | | annuity under this Article on that date
shall be $475 per |
9 | | month.
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10 | | (c) The changes made to this Section by this amendatory Act |
11 | | of the
93rd General Assembly apply to all persons receiving a |
12 | | retirement
annuity under this Article, without regard to |
13 | | whether the retirement of the
fireman occurred prior to the |
14 | | effective date of this amendatory Act.
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15 | | For the purposes of Section 1-103.1, the changes made to |
16 | | this Section by this amendatory Act of the
99th General |
17 | | Assembly apply without regard to whether the retirement of the
|
18 | | fireman occurred prior to the effective date of this amendatory |
19 | | Act. |
20 | | (Source: P.A. 93-654, eff. 1-16-04.)
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21 | | (40 ILCS 5/6-128.4)
(from Ch. 108 1/2, par. 6-128.4)
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22 | | Sec. 6-128.4. Minimum widow's annuities.
|
23 | | (a) Notwithstanding any other provision of this Article, |
24 | | beginning
January 1, 1996, the minimum amount of widow's |
25 | | annuity payable to any person
who is entitled to receive a |
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1 | | widow's annuity under this Article is $700 per
month, without |
2 | | regard to whether the deceased fireman is in service on or |
3 | | after
the effective date of this amendatory Act of 1995.
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4 | | (b) Notwithstanding Section 6-128.3, beginning January 1, |
5 | | 1994, the
minimum widow's annuity under this Article shall be |
6 | | $700 per month for (1) all
persons receiving widow's annuities |
7 | | on that date who are survivors of employees
who retired at age |
8 | | 50 or over with at least 20 years of service, and (2)
persons |
9 | | who become eligible for widow's annuities and are survivors of
|
10 | | employees who retired at age 50 or over with at least 20 years |
11 | | of service.
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12 | | (c) Notwithstanding Section 6-128.3, beginning January 1, |
13 | | 1999, the
minimum widow's annuity under this Article shall be |
14 | | $800 per month for (1) all
persons receiving widow's annuities |
15 | | on that date who are survivors of employees
who retired at age |
16 | | 50 or over with at least 20 years of service, and (2)
persons |
17 | | who become eligible for widow's annuities and are survivors of
|
18 | | employees who retired at age 50 or over with at least 20 years |
19 | | of service.
|
20 | | (d) Notwithstanding Section 6-128.3, beginning January 1, |
21 | | 2004, the
minimum widow's annuity under this Article shall be |
22 | | $900 per month for all
persons receiving widow's annuities on |
23 | | or after that date, without regard to
whether the deceased |
24 | | fireman is in service on or after the effective date of
this |
25 | | amendatory Act of the 93rd General Assembly.
|
26 | | (e) Notwithstanding Section 6-128.3, beginning January 1, |
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1 | | 2005, the
minimum widow's annuity under this Article shall be |
2 | | $1,000 per month for all
persons receiving widow's annuities on |
3 | | or after that date, without regard to
whether the deceased |
4 | | fireman is in service on or after the effective date of
this |
5 | | amendatory Act of the 93rd General Assembly.
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6 | | (f) Notwithstanding Section 6-128.3, beginning January 1, |
7 | | 2017, the minimum widow's annuity under this Article shall be |
8 | | no less than 125% of the Federal Poverty Level for all persons |
9 | | receiving widow's annuities on or after that date, without |
10 | | regard to whether the deceased fireman is in service on or |
11 | | after the effective date of this amendatory Act of the 99th |
12 | | General Assembly. For purposes of this Section, the "Federal |
13 | | Poverty Level" shall be determined pursuant to the poverty |
14 | | guideline updated periodically in the Federal Register by the |
15 | | United States Department of Health and Human Services under the |
16 | | authority of 42 U.S.C. 9902(2). |
17 | | (Source: P.A. 93-654, eff. 1-16-04.)
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18 | | (40 ILCS 5/6-164)
(from Ch. 108 1/2, par. 6-164)
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19 | | Sec. 6-164. Automatic annual increase; retirement after |
20 | | September 1, 1959.
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21 | | (a) A fireman qualifying for a minimum annuity who retires |
22 | | from service
after September 1, 1959 shall, upon either the |
23 | | first of the month following the
first anniversary of his date |
24 | | of retirement if he is age 60 (age 55 if born
before January 1, |
25 | | 1966 1955 ) or over on that anniversary date, or upon
the first |
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1 | | of the month following his attainment of age 60 (age 55 if born
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2 | | before January 1, 1966 1955 ) if that occurs after the first |
3 | | anniversary
of his retirement date, have his then fixed and |
4 | | payable monthly annuity
increased by 1 1/2%, and such first |
5 | | fixed annuity as granted at retirement
increased by an |
6 | | additional 1 1/2% in January of each year thereafter up to a
|
7 | | maximum increase of 30%.
Beginning July 1, 1982 for firemen |
8 | | born before January 1, 1930, and beginning
January 1, 1990 for |
9 | | firemen born after December 31, 1929 and before January 1,
|
10 | | 1940, and beginning January 1, 1996 for firemen born after |
11 | | December 31, 1939
but before January 1, 1945, and beginning |
12 | | January 1, 2004, for firemen born
after December 31, 1944 but |
13 | | before January 1, 1955, and beginning January 1, 2017, for |
14 | | firemen born after December 31, 1954 but before January 1, |
15 | | 1966, such increases shall be
3% and such firemen shall not be |
16 | | subject to the 30% maximum increase.
|
17 | | Any fireman born before January 1, 1945 who qualifies for a |
18 | | minimum annuity
and retires after September 1, 1967 but has not |
19 | | received the initial increase
under this subsection before |
20 | | January 1, 1996 is entitled to receive the initial
increase |
21 | | under this subsection on (1) January 1, 1996, (2) the first
|
22 | | anniversary of the date of retirement, or (3) attainment of age |
23 | | 55, whichever
occurs last. The changes to this Section made by |
24 | | this amendatory Act of 1995
apply beginning January 1, 1996 and |
25 | | apply without regard to whether the fireman
or annuitant |
26 | | terminated service before the effective date of this amendatory
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1 | | Act of 1995.
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2 | | Any fireman born before January 1, 1955 who qualifies for a |
3 | | minimum
annuity and retires after September 1, 1967 but has not |
4 | | received the initial
increase under this subsection before |
5 | | January 1, 2004 is entitled to receive
the initial increase |
6 | | under this subsection on (1) January 1, 2004, (2) the
first |
7 | | anniversary of the date of retirement, or (3) attainment of age |
8 | | 55,
whichever occurs last. The changes to this Section made by |
9 | | this amendatory
Act of the 93rd General Assembly apply without |
10 | | regard to whether the fireman
or annuitant terminated service |
11 | | before the effective date of this amendatory
Act.
|
12 | | Any fireman born before January 1, 1966 who qualifies for
a |
13 | | minimum annuity and retires after
September 1, 1967 but has not |
14 | | received the initial increase
under this subsection before |
15 | | January 1, 2017 is entitled to
receive an initial increase |
16 | | under this subsection on (1)
January 1, 2017, (2) the first |
17 | | anniversary of the date of
retirement, or (3) attainment of age |
18 | | 55, whichever occurs last, in an amount equal to 3% for each |
19 | | complete year following the date of retirement or attainment of |
20 | | age 55, whichever occurs later. The changes to this Section |
21 | | made by this amendatory
Act of the 99th General Assembly apply |
22 | | without regard to whether the fireman
or annuitant terminated |
23 | | service before the effective date of this amendatory
Act. |
24 | | (b) Subsection (a) of this Section is
not applicable to an |
25 | | employee receiving a term annuity.
|
26 | | (c) To help defray the cost of such increases in annuity, |
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1 | | there
shall be deducted, beginning September 1, 1959, from each |
2 | | payment of salary
to a fireman, 1/8 of 1% of each such salary |
3 | | payment and an additional 1/8
of 1% beginning on September 1, |
4 | | 1961, and September 1, 1963, respectively,
concurrently with |
5 | | and in addition to the salary deductions otherwise made
for |
6 | | annuity purposes.
|
7 | | Each such additional 1/8 of 1% deduction from salary which |
8 | | shall, on
September 1, 1963, result in a total increase of 3/8 |
9 | | of 1% of salary,
shall be credited to the Automatic Increase |
10 | | Reserve, to be used,
together with city contributions as |
11 | | provided in this Article, to defray
the cost of the 1 1/2% |
12 | | annuity increments herein specified. Any balance
in such |
13 | | reserve as of the beginning of each calendar year shall be
|
14 | | credited with interest at the rate of 3% per annum.
|
15 | | The salary deductions provided in this Section are not |
16 | | subject to
refund, except to the fireman himself, in any case |
17 | | in which a fireman
withdraws prior to qualification for minimum |
18 | | annuity and applies for
refund, or applies for annuity, and |
19 | | also where a term annuity becomes
payable. In such cases, the |
20 | | total of such salary deductions shall be
refunded to the |
21 | | fireman, without interest, and charged to the
aforementioned |
22 | | reserve.
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23 | | (d) Notwithstanding any other provision of this Article, |
24 | | the monthly annuity of a
person who first becomes a fireman |
25 | | under this Article on or after January 1, 2011 shall be |
26 | | increased on the January 1 occurring either on or after the |
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1 | | attainment of age 60 or the first anniversary of the annuity |
2 | | start date, whichever is later. Each annual increase shall be |
3 | | calculated at 3% or one-half the annual unadjusted percentage |
4 | | increase (but not less than zero) in the consumer price index-u |
5 | | for the 12 months ending with the September preceding each |
6 | | November 1, whichever is less, of the originally granted |
7 | | retirement annuity. If the annual unadjusted percentage change |
8 | | in the consumer price index-u for a 12-month period ending in |
9 | | September is zero or, when compared with the preceding period, |
10 | | decreases, then the annuity shall not be increased. |
11 | | For the purposes of this subsection (d), "consumer price |
12 | | index-u" means the index published by the Bureau of Labor |
13 | | Statistics of the United States Department of Labor that |
14 | | measures the average change in prices of goods and services |
15 | | purchased by all urban consumers, United States city average, |
16 | | all items, 1982-84 = 100. The new amount resulting from each |
17 | | annual adjustment shall be determined by the Public Pension |
18 | | Division of the Department of Insurance and made available to |
19 | | the boards of the pension funds. |
20 | | (Source: P.A. 96-1495, eff. 1-1-11.)
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21 | | Section 90. The State Mandates Act is amended by adding |
22 | | Section 8.40 as follows: |
23 | | (30 ILCS 805/8.40 new) |
24 | | Sec. 8.40. Exempt mandate. Notwithstanding Sections 6 and 8 |