Full Text of HB0603 95th General Assembly
HB0603 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0603
Introduced 2/5/2007, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
|
40 ILCS 5/17-122 |
from Ch. 108 1/2, par. 17-122 |
30 ILCS 805/8.31 new |
|
|
Amends the Chicago Teacher Article of the Illinois Pension Code to increase the
minimum total survivor's pension to 50% of the earned retirement pension for
survivors of members who died before January 1, 1987. Amends the State
Mandates Act to require implementation without reimbursement. Effective
immediately.
|
| |
|
|
FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
|
|
A BILL FOR
|
|
|
|
|
HB0603 |
|
LRB095 04407 AMC 24452 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 changing | 5 |
| Section
17-122 as follows:
| 6 |
| (40 ILCS 5/17-122) (from Ch. 108 1/2, par. 17-122)
| 7 |
| Sec. 17-122. Survivor's and children's pensions - Amount. | 8 |
| Upon the
death of a teacher who has completed at least 1 1/2 | 9 |
| years of
contributing service with either this Fund or the | 10 |
| State Universities
Retirement System or the Teachers' | 11 |
| Retirement System of the State of
Illinois, provided his death | 12 |
| occurred while (a) in active service
covered by the Fund or | 13 |
| during his first 18 months of continuous
employment without a | 14 |
| break in service under any other participating
system as | 15 |
| defined in the Illinois Retirement Systems Reciprocal Act
| 16 |
| except the State Universities Retirement System and the | 17 |
| Teachers'
Retirement System of the State of Illinois, (b) on a | 18 |
| creditable leave of
absence, (c) on a noncreditable leave of | 19 |
| absence of no more than one
year, or (d) a pension was deferred | 20 |
| or pending provided the teacher had
at least 10 years of | 21 |
| validated service credit, or upon the death of a
pensioner | 22 |
| otherwise qualified for such benefit, the surviving spouse and
| 23 |
| unmarried minor children of the deceased teacher under age 18 |
|
|
|
HB0603 |
- 2 - |
LRB095 04407 AMC 24452 b |
|
| 1 |
| shall be
entitled to pensions, under the conditions stated | 2 |
| hereinafter. Such
survivor's and children's pensions shall be | 3 |
| based on the average of the
4 highest consecutive years of | 4 |
| salary in the last 10 years of service or
on the average salary | 5 |
| for total service, if total service has been less
than 4 years, | 6 |
| according to the following percentages:
| 7 |
| 30% of average salary or 50% of the retirement pension | 8 |
| earned by the
teacher, whichever is larger, subject to the | 9 |
| prescribed maximum monthly
payment, for a surviving spouse | 10 |
| alone on attainment of age 50;
| 11 |
| 60% of average salary for a surviving spouse and eligible | 12 |
| minor
children of the deceased teacher.
| 13 |
| If no eligible spouse survives, or the surviving spouse | 14 |
| remarries, or
the parent of the children of the deceased member | 15 |
| is otherwise
ineligible for a survivor's pension, a children's | 16 |
| pension for eligible
minor children under age 18 shall be paid | 17 |
| to their parent or legal
guardian for their benefit according | 18 |
| to the following percentages:
| 19 |
| 30% of average salary for one child;
| 20 |
| 60% of average salary for 2 or more children.
| 21 |
| On January 1, 1981, any survivor or child who was receiving | 22 |
| a survivor's
or children's pension on or before January 1, | 23 |
| 1971, shall have his survivor's
or children's pension then | 24 |
| being paid increased by 1% for each full year
which has elapsed | 25 |
| from the date the pension began. On January 1, 1982,
any | 26 |
| survivor or child whose pension began after January 1, 1971, |
|
|
|
HB0603 |
- 3 - |
LRB095 04407 AMC 24452 b |
|
| 1 |
| but before
January 1, 1981, shall have his survivor's or | 2 |
| children's pension then being
paid increased 1% for each full | 3 |
| year which has elapsed from the date the
pension began. On | 4 |
| January 1, 1987, any survivor or child whose pension began
on | 5 |
| or before January 1, 1977, shall have the monthly survivor's or
| 6 |
| children's pension increased by $1 for each full year which has | 7 |
| elapsed
since the pension began.
| 8 |
| Beginning January 1, 1990, every survivor's and children's | 9 |
| pension shall be
increased (1) on each January 1 occurring on | 10 |
| or after the commencement of the
pension if the deceased | 11 |
| teacher died while receiving a retirement pension, or
(2) in | 12 |
| other cases, on each January 1 occurring on or after the first
| 13 |
| anniversary of the commencement of the pension, by an amount | 14 |
| equal to 3% of the
current amount of the pension, including all | 15 |
| increases previously granted under
this Article, | 16 |
| notwithstanding Section 17-157. Such increases shall apply
| 17 |
| without regard to whether the deceased teacher was in service | 18 |
| on or after the
effective date of this amendatory Act of 1991, | 19 |
| but shall not accrue for any
period prior to January 1, 1990.
| 20 |
| Subject to the minimum established below, the maximum | 21 |
| amount of
pension for a surviving spouse alone or one
minor | 22 |
| child shall be $400 per month, and the maximum combined | 23 |
| pensions for
a surviving spouse and children of the deceased | 24 |
| teacher shall be $600
per month, with individual pensions | 25 |
| adjusted for all beneficiaries
pro rata to conform with this | 26 |
| limitation. If proration is unnecessary
the minimum survivor's |
|
|
|
HB0603 |
- 4 - |
LRB095 04407 AMC 24452 b |
|
| 1 |
| and children's pensions shall be $40 per month. The
minimum | 2 |
| total survivor's and children's pension payable upon the death | 3 |
| of a
contributor or annuitant which occurs after December 31, | 4 |
| 1986, shall be 50% of
the earned retirement pension of such | 5 |
| contributor or annuitant, calculated
without early retirement | 6 |
| discount in the case of death in service.
Beginning January 1, | 7 |
| 2008, the minimum total survivor's pension payable upon
the | 8 |
| death of a contributor or annuitant that occurred before | 9 |
| January 1, 1987
shall be 50% of the earned retirement pension | 10 |
| of the contributor or annuitant,
calculated without early | 11 |
| retirement discount in the case of death in service,
and | 12 |
| notwithstanding Section 17-157.
| 13 |
| On death after retirement, the total survivor's and | 14 |
| children's
pensions shall not exceed the monthly retirement or | 15 |
| disability pension
paid to the deceased retirant. Survivor's | 16 |
| and children's benefits described
in this Section shall apply | 17 |
| to all service and disability pensioners eligible
for a pension | 18 |
| as of July 1, 1981.
| 19 |
| (Source: P.A. 90-32, eff. 6-27-97; 90-566, eff. 1-2-98.)
| 20 |
| Section 90. The State Mandates Act is amended by adding | 21 |
| Section 8.31 as follows: | 22 |
| (30 ILCS 805/8.31 new) | 23 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 24 |
| of this Act, no reimbursement by the State is required for the |
|
|
|
HB0603 |
- 5 - |
LRB095 04407 AMC 24452 b |
|
| 1 |
| implementation of any mandate created by this amendatory Act of | 2 |
| the 95th General Assembly. | 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law. |
|