Full Text of HB0378 93rd General Assembly
HB0378enr 93RD GENERAL ASSEMBLY
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| AN ACT in relation to public employee benefits.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 6-142 and 6-210.1 as follows:
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| (40 ILCS 5/6-142)
(from Ch. 108 1/2, par. 6-142)
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| Sec. 6-142. Wives and widows not entitled to annuities.
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| (A) Except as provided in subsection (B), the following | 9 |
| wives
or widows have no right to annuity from the fund:
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| (a) A wife or widow married subsequent to the effective | 11 |
| date of a
fireman who dies in service if she was not | 12 |
| married to him before he
attained age 63;
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| (b) A wife or widow of a fireman who withdraws, whether | 14 |
| or not he
enters upon annuity, and dies while out of | 15 |
| service, if the marriage
occurred after the effective date | 16 |
| and she was not his wife while he was
in service and before | 17 |
| he attained age 63;
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| (c) A wife or widow of a fireman who (1) has served 10 | 19 |
| or more
years, (2) dies out of service after he has | 20 |
| withdrawn from service, and
(3) has withdrawn or applied | 21 |
| for refund of the sums to his credit for
annuity to which | 22 |
| he had a right to refund;
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| (d) A wife or widow of a fireman who dies out of | 24 |
| service after he
has withdrawn before age 63, and who has | 25 |
| not served at least 10 years;
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| (e) A wife whose marriage was dissolved or widow of a | 27 |
| fireman whose
judgment of dissolution of marriage from her | 28 |
| fireman husband is annulled,
vacated or set aside by | 29 |
| proceedings in court subsequent to the death of the
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| fireman, unless (1) such proceedings are filed within 5 | 31 |
| years after the date
of the dissolution of marriage and | 32 |
| within one year after the death of the
fireman and (2) the |
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| board is made a party to the proceedings;
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| (f) A wife or widow who married the fireman while he | 3 |
| was in receipt
of disability benefit or disability pension | 4 |
| from this fund, unless he
returned to the service | 5 |
| subsequent to the marriage and remained therein
for a | 6 |
| period or periods aggregating one year, or died while in | 7 |
| service.
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| (B) Beginning on January 16, 2004
the effective date of | 9 |
| this amendatory Act of the
93rd General Assembly , the | 10 |
| limitation on marriage after withdrawal
under subdivision | 11 |
| (A)(b) and the limitation on marriage during disability
under | 12 |
| subdivision (A)(f) no longer apply to a widow who was married | 13 |
| to the
deceased fireman before the fireman begins to receive a | 14 |
| retirement annuity
and for at least one year immediately | 15 |
| preceding the date of death, regardless
of whether the deceased | 16 |
| fireman is in service on or after the effective date
of Public | 17 |
| Act 93-654 or this amendatory Act of the 93rd General Assembly; | 18 |
| except that this
subsection (B) does not apply to the widow of | 19 |
| a fireman who received a refund
of contributions for widow's | 20 |
| annuity under Section 6-160, unless the refund
is repaid to the | 21 |
| Fund, with interest at the rate of 4% per year, compounded
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| annually, from the date of the refund to the date of repayment. | 23 |
| If the widow
of a fireman who died before January 16, 2004
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| the effective date of this amendatory Act becomes
eligible for | 25 |
| a widow's annuity because of Public Act 93-654
this amendatory | 26 |
| Act , the annuity
shall begin to accrue on the date of | 27 |
| application for the annuity, but in no
event sooner than | 28 |
| January 16, 2004
the effective date of this amendatory Act . | 29 |
| The changes to this Section made by this amendatory Act of | 30 |
| the 93rd General Assembly apply without regard to whether the | 31 |
| deceased fireman was in service on or after its effective date. | 32 |
| If the widow
of a fireman who died before the effective date of | 33 |
| this amendatory Act of the 93rd General Assembly becomes
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| eligible for a widow's annuity because of this amendatory Act, | 35 |
| the annuity
shall begin to accrue on the date of application | 36 |
| for the annuity, but in no
event sooner than January 16, 2004.
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| (Source: P.A. 93-654, eff. 1-16-04.)
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| (40 ILCS 5/6-210.1)
(from Ch. 108 1/2, par. 6-210.1)
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| Sec. 6-210.1. Credit for former employment with the fire | 4 |
| department.
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| (a) Any fireman who (1) accumulated service credit in the | 6 |
| Article 8 fund for
service as an employee of the Chicago Fire | 7 |
| Department and (2) has terminated
that Article 8 service credit | 8 |
| and received a refund of contributions therefor,
may establish | 9 |
| service credit in this Fund for all or any part of that period | 10 |
| of
service under the Article 8 fund by making written | 11 |
| application to the Board by
January 1, 2005
2000 and paying to | 12 |
| this Fund (i) employee contributions based upon
the actual | 13 |
| salary received and the rates in effect for members of this | 14 |
| Fund at
the time of such service, plus (ii) interest thereon | 15 |
| calculated as follows:
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| (1) For applications received by the Board before July | 17 |
| 14, 1995, interest shall be calculated
on the amount of | 18 |
| employee contributions determined under item (i) above, at | 19 |
| the
rate of 4% per annum, compounded annually, from the | 20 |
| date of termination of such
service to the date of payment.
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| (2) For applications received by the Board on or after | 22 |
| July 14, 1995, interest shall be calculated
on the amount | 23 |
| of employee contributions determined under item (i) above, | 24 |
| at the
rate of 4% per annum, compounded annually, from the | 25 |
| first date of the period
for which credit is being | 26 |
| established under this subsection (a) to the date of
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| payment.
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| A fireman who (1) retired on or after January 16, 2004 and | 29 |
| on or before the effective date of this amendatory Act of the | 30 |
| 93rd General Assembly and (2) files an application to establish | 31 |
| service credit under this subsection (a) before January 1, | 32 |
| 2005, shall have his or her pension recalculated prospectively | 33 |
| to include the service credit established under this subsection | 34 |
| (a).
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| (b) A fireman who, at any time during the period 1970 |
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| through 1983, was
an employee of the Chicago Fire Department | 2 |
| but did not participate in any
pension fund subject to this | 3 |
| Code with respect to that employment may establish
service | 4 |
| credit in this Fund for all or any part of that employment by | 5 |
| making
written application to the Board by January 1, 2005
and | 6 |
| paying to
this Fund (i)
employee contributions based upon the | 7 |
| actual salary received and the rates in
effect for members of | 8 |
| this Fund at the time of that employment, plus (ii)
interest | 9 |
| thereon calculated at the rate of 4% per annum, compounded | 10 |
| annually,
from the first date of the employment for which | 11 |
| credit is being established
under this subsection (b) to the | 12 |
| date of payment.
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| (c) A fireman may pay the contributions required for | 14 |
| service credit under
this Section established on or after July | 15 |
| 14, 1995 in the form of payroll deductions, in accordance with
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| such procedures and limitations as may be established by Board | 17 |
| rule and any
applicable rules or ordinances of the employer.
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| (d) Employer contributions shall be transferred as | 19 |
| provided in Sections
6-210.2 and 8-172.1. The employer shall | 20 |
| not be responsible for making any
additional employer | 21 |
| contributions for any credit established under this
Section.
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| (Source: P.A. 93-654, eff. 1-16-04.)
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| Section 90. The State Mandates Act is amended by adding | 24 |
| Section 8.28 as
follows:
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| (30 ILCS 805/8.28 new)
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| Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | 27 |
| of this
Act, no reimbursement by the State is required for the | 28 |
| implementation of
any mandate created by this amendatory Act of | 29 |
| the 93rd General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.
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