Full Text of HB0638 96th General Assembly
HB0638 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0638
Introduced 2/6/2009, by Rep. William B. Black SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/4-109.1 |
from Ch. 108 1/2, par. 4-109.1 |
30 ILCS 805/8.33 new |
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Amends the Downstate Firefighter Article of the Illinois Pension Code. Provides that, in January 2010, the monthly pension of a
firefighter who retired before July 1, 1971 shall be recalculated and increased to reflect the amount that the firefighter would have received in January 2010 had the firefighter been receiving an increase of 3% of the originally granted monthly pension for each year he or she received pension payments. Provides that in January of 2011, 2012, 2013, 2014, and 2015, he or she shall receive an additional
increase of 5% of the originally granted monthly pension, and in each January thereafter, he or she shall receive an additional
increase of 3% of the originally granted monthly pension. 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 |
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A BILL FOR
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HB0638 |
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LRB096 03047 AMC 13062 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section 4-109.1 as follows: | 6 |
| (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
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| Sec. 4-109.1. Increase in pension.
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| (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 retirement | 12 |
| if 60 years of age or over at retirement date, or upon the | 13 |
| first
day of the month following attainment of age 60 if it | 14 |
| occurs after the first
anniversary of retirement, be increased | 15 |
| by 2% of the originally granted monthly
pension and by an | 16 |
| additional 2% in each January thereafter. Effective January
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| 1976, the rate of the annual increase shall be 3% of the | 18 |
| originally granted
monthly pension.
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| (b) The monthly pension of a firefighter who retired
from | 20 |
| service with 20 or more years of service, on or before
July 1, | 21 |
| 1971, shall be increased, in January of the year
following the | 22 |
| year of attaining age 65 or in January
1972, if then over age | 23 |
| 65, by 2% of the originally granted monthly
pension, for each |
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HB0638 |
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LRB096 03047 AMC 13062 b |
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| year the firefighter received pension payments.
In each January | 2 |
| thereafter, he or she shall receive an additional
increase of | 3 |
| 2% of the original monthly pension. Effective
January 1976, the | 4 |
| rate of the annual increase shall be 3%.
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| (b-1) In January 2010, the monthly pension of a
firefighter | 6 |
| who retired before July 1, 1971 shall be recalculated and | 7 |
| increased to reflect the amount that the firefighter would have | 8 |
| received in January 2010 had the firefighter been receiving an | 9 |
| increase of 3% of the originally granted monthly pension for | 10 |
| each year he or she received pension payments. In January of | 11 |
| 2011, 2012, 2013, 2014, and 2015, he or she shall receive an | 12 |
| additional
increase of 5% of the originally granted monthly | 13 |
| pension, and in each January thereafter, he or she shall | 14 |
| receive an additional
increase of 3% of the originally granted | 15 |
| monthly pension. The increases provided under this subsection | 16 |
| (b-1) are in lieu of the increases provided in any other | 17 |
| provision of this Section. The changes made to this Section by | 18 |
| this amendatory Act of the 96th General Assembly apply without | 19 |
| regard to whether the firefighter was in service on or after | 20 |
| its effective date. | 21 |
| (c) The monthly pension of a firefighter who is receiving
a | 22 |
| disability pension under this Article shall be increased, in
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| January of the year following the year the firefighter attains
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| age 60, or in January 1974, if then over age 60, by 2% of the
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| originally granted monthly pension for each
year he or she | 26 |
| received pension payments.
In each January thereafter, the |
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HB0638 |
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LRB096 03047 AMC 13062 b |
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| firefighter shall receive an additional
increase of 2% of the | 2 |
| original monthly pension. Effective January 1976,
the rate of | 3 |
| the annual increase shall be 3%.
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| (c-1) On January 1, 1998, every child's disability benefit | 5 |
| payable on that
date under Section 4-110 or 4-110.1 shall be | 6 |
| increased by an amount equal to
1/12 of 3% of the amount of the | 7 |
| benefit, multiplied by the number of months for
which the | 8 |
| benefit has been payable. On each January 1 thereafter, every
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| child's disability benefit payable under Section 4-110 or | 10 |
| 4-110.1 shall be
increased by 3% of the amount of the benefit | 11 |
| then being paid, including any
previous increases received | 12 |
| under this Article. These increases are not
subject to any | 13 |
| limitation on the maximum benefit amount included in Section
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| 4-110 or 4-110.1.
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| (c-2) On July 1, 2004, every pension payable to or on | 16 |
| behalf of a minor
or disabled surviving child that is payable | 17 |
| on that date under Section 4-114
shall be increased by an | 18 |
| amount equal to 1/12 of 3% of the amount of the
pension, | 19 |
| multiplied by the number of months for which the benefit has | 20 |
| been
payable. On July 1, 2005, July 1, 2006, July 1, 2007, and | 21 |
| July 1, 2008, every pension payable to or on behalf
of a minor | 22 |
| or disabled surviving child that is payable under Section 4-114
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| shall be increased by 3% of the amount of the pension then | 24 |
| being paid,
including any previous increases received under | 25 |
| this Article. These increases
are not subject to any limitation | 26 |
| on the maximum benefit amount included in
Section 4-114.
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HB0638 |
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LRB096 03047 AMC 13062 b |
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| (d) The monthly pension of a firefighter who retires after | 2 |
| January 1,
1986, shall, upon either the first of the month | 3 |
| following the first
anniversary of the date of retirement if 55 | 4 |
| years of age or over, or
upon the first day of the month | 5 |
| following attainment of
age 55 if it occurs after the first | 6 |
| anniversary of retirement, be increased
by 1/12 of 3% of the | 7 |
| originally granted monthly pension for each full
month that has | 8 |
| elapsed since the pension began, and by an
additional 3% in | 9 |
| each January thereafter.
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| The changes made to this subsection (d) by this amendatory | 11 |
| Act of the 91st
General Assembly apply to all initial increases | 12 |
| that become payable under this
subsection on or after January | 13 |
| 1, 1999. All initial increases that became
payable under this | 14 |
| subsection on or after January 1, 1999 and before the
effective | 15 |
| date of this amendatory Act shall be recalculated and the | 16 |
| additional
amount accruing for that period, if any, shall be | 17 |
| payable to the pensioner in a
lump sum.
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| (e) Notwithstanding the provisions of subsection (a), upon | 19 |
| the
first day of the month following (1) the first anniversary | 20 |
| of the date of
retirement, or (2) the attainment of age 55, or | 21 |
| (3) July 1, 1987, whichever
occurs latest, the monthly pension | 22 |
| of a firefighter who retired on or after
January 1, 1977 and on | 23 |
| or before January 1, 1986 and did not receive an
increase under | 24 |
| subsection (a) before July 1, 1987,
shall be increased by 3% of | 25 |
| the originally granted monthly pension for
each full year that | 26 |
| has elapsed since the pension began, and by an
additional 3% in |
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HB0638 |
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LRB096 03047 AMC 13062 b |
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| each January thereafter. The increases provided under
this | 2 |
| subsection are in lieu of the increases provided in subsection | 3 |
| (a).
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| (Source: P.A. 93-689, eff. 7-1-04.)
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| Section 90. The State Mandates Act is amended by adding | 6 |
| Section 8.33 as follows: | 7 |
| (30 ILCS 805/8.33 new) | 8 |
| Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | 9 |
| of this Act, no reimbursement by the State is required for the | 10 |
| implementation of any mandate created by this amendatory Act of | 11 |
| the 96th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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