Full Text of HB1041 96th General Assembly
HB1041 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1041
Introduced 02/11/09, by Rep. Donald L. Moffitt - 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 July 2009, the monthly pension of a
firefighter who retired before January 1, 1977 shall be recalculated and increased to reflect the amount that the firefighter would have received in July 2009 had the firefighter been receiving a 3% compounded increase for each year he or she received pension payments. In each January thereafter, provides that he or she shall receive an additional
increase of 3% of the amount of the pension then being paid. 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 |
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A BILL FOR
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HB1041 |
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LRB096 09316 AMC 19470 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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HB1041 |
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LRB096 09316 AMC 19470 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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| (c) The monthly pension of a firefighter who is receiving
a | 6 |
| 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 | 10 |
| received pension payments.
In each January thereafter, the | 11 |
| firefighter shall receive an additional
increase of 2% of the | 12 |
| original monthly pension. Effective January 1976,
the rate of | 13 |
| the annual increase shall be 3%.
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| (c-1) On January 1, 1998, every child's disability benefit | 15 |
| payable on that
date under Section 4-110 or 4-110.1 shall be | 16 |
| increased by an amount equal to
1/12 of 3% of the amount of the | 17 |
| benefit, multiplied by the number of months for
which the | 18 |
| benefit has been payable. On each January 1 thereafter, every
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| child's disability benefit payable under Section 4-110 or | 20 |
| 4-110.1 shall be
increased by 3% of the amount of the benefit | 21 |
| then being paid, including any
previous increases received | 22 |
| under this Article. These increases are not
subject to any | 23 |
| 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 | 26 |
| behalf of a minor
or disabled surviving child that is payable |
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HB1041 |
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LRB096 09316 AMC 19470 b |
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| on that date under Section 4-114
shall be increased by an | 2 |
| amount equal to 1/12 of 3% of the amount of the
pension, | 3 |
| multiplied by the number of months for which the benefit has | 4 |
| been
payable. On July 1, 2005, July 1, 2006, July 1, 2007, and | 5 |
| July 1, 2008, every pension payable to or on behalf
of a minor | 6 |
| 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 | 8 |
| being paid,
including any previous increases received under | 9 |
| this Article. These increases
are not subject to any limitation | 10 |
| on the maximum benefit amount included in
Section 4-114.
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| (d) The monthly pension of a firefighter who retires after | 12 |
| January 1,
1986, shall, upon either the first of the month | 13 |
| following the first
anniversary of the date of retirement if 55 | 14 |
| years of age or over, or
upon the first day of the month | 15 |
| following attainment of
age 55 if it occurs after the first | 16 |
| anniversary of retirement, be increased
by 1/12 of 3% of the | 17 |
| originally granted monthly pension for each full
month that has | 18 |
| elapsed since the pension began, and by an
additional 3% in | 19 |
| each January thereafter.
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| The changes made to this subsection (d) by this amendatory | 21 |
| Act of the 91st
General Assembly apply to all initial increases | 22 |
| that become payable under this
subsection on or after January | 23 |
| 1, 1999. All initial increases that became
payable under this | 24 |
| subsection on or after January 1, 1999 and before the
effective | 25 |
| date of this amendatory Act shall be recalculated and the | 26 |
| additional
amount accruing for that period, if any, shall be |
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HB1041 |
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LRB096 09316 AMC 19470 b |
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| payable to the pensioner in a
lump sum.
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| (e) Notwithstanding the provisions of subsection (a), upon | 3 |
| the
first day of the month following (1) the first anniversary | 4 |
| of the date of
retirement, or (2) the attainment of age 55, or | 5 |
| (3) July 1, 1987, whichever
occurs latest, the monthly pension | 6 |
| of a firefighter who retired on or after
January 1, 1977 and on | 7 |
| or before January 1, 1986 and did not receive an
increase under | 8 |
| subsection (a) before July 1, 1987,
shall be increased by 3% of | 9 |
| the originally granted monthly pension for
each full year that | 10 |
| has elapsed since the pension began, and by an
additional 3% in | 11 |
| each January thereafter. The increases provided under
this | 12 |
| subsection are in lieu of the increases provided in subsection | 13 |
| (a).
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| (f) In July 2009, the monthly pension of a
firefighter who | 15 |
| retired before July 1, 1977 shall be recalculated and increased | 16 |
| to reflect the amount that the firefighter would have received | 17 |
| in July 2009 had the firefighter been receiving a 3% compounded | 18 |
| increase for each year he or she received pension payments. In | 19 |
| each January thereafter, he or she shall receive an additional
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| increase of 3% of the amount of the pension then being paid. | 21 |
| The changes made to this Section by this amendatory Act of the | 22 |
| 96th General Assembly apply without regard to whether the | 23 |
| firefighter was in service on or after its effective date. | 24 |
| (Source: P.A. 93-689, eff. 7-1-04.)
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| Section 90. The State Mandates Act is amended by adding |
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LRB096 09316 AMC 19470 b |
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| Section 8.33 as follows: | 2 |
| (30 ILCS 805/8.33 new) | 3 |
| Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | 4 |
| of this Act, no reimbursement by the State is required for the | 5 |
| implementation of any mandate created by this amendatory Act of | 6 |
| the 96th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
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