Full Text of SB3537 96th General Assembly
SB3537ham001 96TH GENERAL ASSEMBLY
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Rep. Kevin A. McCarthy
Filed: 5/21/2010
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| AMENDMENT TO SENATE BILL 3537
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| AMENDMENT NO. ______. Amend Senate Bill 3537 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Pension Code is amended by | 5 |
| changing Sections 2-119, 2-119.01, 2-119.1, 2-121.1, 18-124, | 6 |
| 18-125.1, and 18-128.01 as follows: | 7 |
| (40 ILCS 5/2-119) (from Ch. 108 1/2, par. 2-119) | 8 |
| (Text of Section after amendment by P.A. 96-889 ) | 9 |
| Sec. 2-119. Retirement annuity - conditions for | 10 |
| eligibility. | 11 |
| (a)
A participant whose service as a
member is terminated, | 12 |
| regardless of age or cause, is entitled to a retirement
annuity | 13 |
| beginning on the date specified by the participant in
a written | 14 |
| application subject to the following conditions: | 15 |
| 1. The date the annuity begins does not precede
the | 16 |
| date of final
termination of service, or is not more than |
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| 30 days before the receipt
of the application
by the board | 2 |
| in the case of annuities based on disability or one year | 3 |
| before
the receipt of the application in the case of | 4 |
| annuities
based on attained age; | 5 |
| 2. The participant meets one of the following | 6 |
| eligibility requirements: | 7 |
| For a participant who first becomes a participant of | 8 |
| this System before January 1, 2011 ( the effective date of | 9 |
| Public Act 96-889) this amendatory Act of the 96th General | 10 |
| Assembly : | 11 |
| (A) He or she has attained age 55 and has at least | 12 |
| 8 years of service credit; | 13 |
| (B) He or she has attained age 62 and terminated | 14 |
| service after July 1,
1971 with at least 4 years of | 15 |
| service credit; or | 16 |
| (C) He or she has completed 8 years of service and | 17 |
| has become
permanently disabled and as a consequence, | 18 |
| is unable to perform the duties
of his or her office. | 19 |
| For a participant who first becomes a participant of | 20 |
| this System on or after January 1, 2011 ( the effective date | 21 |
| of Public Act 96-889) this amendatory Act of the 96th | 22 |
| General Assembly , he or she has attained age 67 and has at | 23 |
| least 10 8 years of service credit. | 24 |
| (a-5) A participant who first becomes a participant of this | 25 |
| System on or after January 1, 2011 ( the effective date of | 26 |
| Public Act 96-889) this amendatory Act of the 96th General |
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| Assembly who has attained age 62 and has at least 10 8 years of | 2 |
| service credit may elect to receive the lower retirement | 3 |
| annuity provided
in paragraph (c) of Section 2-119.01 of this | 4 |
| Code. | 5 |
| (b) A participant shall be considered permanently disabled | 6 |
| only if:
(1) disability occurs while in service and is
of such | 7 |
| a nature
as to prevent him or her from reasonably performing | 8 |
| the duties of his
or her office at
the time; and (2) the board | 9 |
| has received a written certificate by at
least 2 licensed | 10 |
| physicians appointed by the board stating that the member is
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| disabled and that the disability is likely to be permanent. | 12 |
| (Source: P.A. 96-889, eff. 1-1-11.) | 13 |
| (40 ILCS 5/2-119.01) (from Ch. 108 1/2, par. 2-119.01) | 14 |
| (Text of Section after amendment by P.A. 96-889 ) | 15 |
| Sec. 2-119.01. Retirement annuities - Amount. | 16 |
| (a) For a participant
in service after June 30, 1977 who | 17 |
| has not made contributions to this System
after January 1, | 18 |
| 1982, the annual retirement annuity is 3% for each of the
first | 19 |
| 8 years of service, plus 4% for each of the next 4 years of | 20 |
| service,
plus 5% for each year of service in excess of 12 | 21 |
| years, based on the
participant's highest salary for annuity | 22 |
| purposes. The maximum
retirement annuity payable
shall be 80% | 23 |
| of the participant's highest salary for
annuity purposes. | 24 |
| (b) For a participant in service after June 30, 1977 who | 25 |
| has made
contributions to this System on or after January 1, |
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| 1982, the annual
retirement annuity is 3% for each of the first | 2 |
| 4 years of service, plus 3
1/2% for each of the next 2 years of | 3 |
| service, plus 4% for each of the next
2 years of service, plus | 4 |
| 4 1/2% for each of the next 4 years of service,
plus 5% for each | 5 |
| year of service in excess of 12 years, of the
participant's | 6 |
| highest salary for annuity purposes. The maximum retirement
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| annuity payable shall be 85% of the participant's highest
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| salary for annuity purposes. | 9 |
| (c) Notwithstanding any other provision of this Article, | 10 |
| for a participant who first becomes a participant on or after | 11 |
| January 1, 2011 ( the effective date of Public Act 96-889) this | 12 |
| amendatory Act of the 96th General Assembly , the annual
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| retirement annuity is 3% of the
participant's highest salary | 14 |
| for annuity purposes for each year of service. The maximum | 15 |
| retirement
annuity payable shall be 60% of the participant's | 16 |
| highest
salary for annuity purposes. | 17 |
| (d) Notwithstanding any other provision of this Article, | 18 |
| for a participant who first becomes a participant on or after | 19 |
| January 1, 2011 ( the effective date of Public Act 96-889) this | 20 |
| amendatory Act of the 96th General Assembly and who is retiring | 21 |
| after attaining age 62 with at least 10 8 years of service | 22 |
| credit, the retirement annuity shall be reduced by one-half
of | 23 |
| 1% for each month that the member's age is under age 67. | 24 |
| (Source: P.A. 96-889, eff. 1-1-11.) | 25 |
| (40 ILCS 5/2-119.1) (from Ch. 108 1/2, par. 2-119.1) |
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| (Text of Section after amendment by P.A. 96-889 ) | 2 |
| Sec. 2-119.1. Automatic increase in retirement annuity. | 3 |
| (a) A participant who retires after June 30, 1967, and who | 4 |
| has not
received an initial increase under this Section before | 5 |
| the effective date
of this amendatory Act of 1991, shall, in | 6 |
| January or July next following
the first anniversary of | 7 |
| retirement, whichever occurs first, and in the same
month of | 8 |
| each year thereafter, but in no event prior to age 60, have the | 9 |
| amount
of the originally granted retirement annuity increased | 10 |
| as follows: for each
year through 1971, 1 1/2%; for each year | 11 |
| from 1972 through 1979, 2%; and for
1980 and each year | 12 |
| thereafter, 3%. Annuitants who have received an initial
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| increase under this subsection prior to the effective date of | 14 |
| this amendatory
Act of 1991 shall continue to receive their | 15 |
| annual increases in the same month
as the initial increase. | 16 |
| (b) Beginning January 1, 1990, for eligible participants | 17 |
| who remain
in service after attaining 20 years of creditable | 18 |
| service, the 3% increases
provided under subsection (a) shall | 19 |
| begin to accrue on the January 1 next
following the date upon | 20 |
| which the participant (1) attains age 55, or (2)
attains 20 | 21 |
| years of creditable service, whichever occurs later, and shall
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| continue to accrue while the participant remains in service; | 23 |
| such increases
shall become payable on January 1 or July 1, | 24 |
| whichever occurs first, next
following the first anniversary of | 25 |
| retirement. For any person who has service
credit in the System | 26 |
| for the entire period from January 15, 1969 through
December |
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| 31, 1992, regardless of the date of termination of service, the
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| reference to age 55 in clause (1) of this subsection (b) shall | 3 |
| be deemed to
mean age 50. | 4 |
| This subsection (b) does not apply to any person who first | 5 |
| becomes a
member of the System after the effective date of this | 6 |
| amendatory Act of
the 93rd General Assembly. | 7 |
| (b-5) Notwithstanding any other provision of this Article, | 8 |
| a participant who first becomes a participant on or after | 9 |
| January 1, 2011 ( the effective date of Public Act 96-889) this | 10 |
| amendatory Act of the 96th General Assembly shall, in January | 11 |
| or July next following the first anniversary of retirement, | 12 |
| whichever occurs first, and in the same month of each year | 13 |
| thereafter, but in no event prior to age 67, have the amount of | 14 |
| the retirement annuity then being paid increased by 3% or | 15 |
| one-half the annual change in the Consumer Price Index for All | 16 |
| Urban Consumers, whichever is less. | 17 |
| (c) The foregoing provisions relating to automatic | 18 |
| increases are not
applicable to a participant who retires | 19 |
| before having made contributions
(at the rate prescribed in | 20 |
| Section 2-126) for automatic increases for less
than the | 21 |
| equivalent of one full year. However, in order to be eligible | 22 |
| for
the automatic increases, such a participant may make | 23 |
| arrangements to pay
to the system the amount required to bring | 24 |
| the total contributions for the
automatic increase to the | 25 |
| equivalent of one year's contributions based upon
his or her | 26 |
| last salary. |
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| (d) A participant who terminated service prior to July 1, | 2 |
| 1967, with at
least 14 years of service is entitled to an | 3 |
| increase in retirement annuity
beginning January, 1976, and to | 4 |
| additional increases in January of each
year thereafter. | 5 |
| The initial increase shall be 1 1/2% of the originally | 6 |
| granted retirement
annuity multiplied by the number of full | 7 |
| years that the annuitant was in
receipt of such annuity prior | 8 |
| to January 1, 1972, plus 2% of the originally
granted | 9 |
| retirement annuity for each year after that date. The | 10 |
| subsequent
annual increases shall be at the rate of 2% of the | 11 |
| originally granted
retirement annuity for each year through | 12 |
| 1979 and at the rate of 3% for
1980 and thereafter. | 13 |
| (e) Beginning January 1, 1990, all automatic annual | 14 |
| increases payable
under this Section shall be calculated as a | 15 |
| percentage of the total annuity
payable at the time of the | 16 |
| increase, including previous increases granted
under this | 17 |
| Article. | 18 |
| (Source: P.A. 96-889, eff. 1-1-11.) | 19 |
| (40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1) | 20 |
| (Text of Section after amendment by P.A. 96-889 ) | 21 |
| Sec. 2-121.1. Survivor's annuity - amount. | 22 |
| (a) A surviving spouse shall be entitled to 66 2/3% of the | 23 |
| amount of
retirement annuity to which the participant or | 24 |
| annuitant was entitled on
the date of death, without regard to | 25 |
| whether the participant had attained
age 55 prior to his or her |
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| death, subject to a minimum payment of 10% of
salary. If a | 2 |
| surviving spouse, regardless of age, has in his or her care
at | 3 |
| the date of death any eligible child or children of the | 4 |
| participant, the
survivor's annuity shall be the greater of the | 5 |
| following: (1) 66 2/3% of
the amount of retirement annuity to | 6 |
| which the participant or annuitant was
entitled on the date of | 7 |
| death, or (2) 30% of the participant's salary
increased by 10% | 8 |
| of salary on account of each such child, subject to a
total | 9 |
| payment for the surviving spouse and children of 50% of salary. | 10 |
| If
eligible children survive but there is no surviving spouse, | 11 |
| or if the
surviving spouse dies or becomes disqualified by
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| remarriage while eligible children survive, each
eligible | 13 |
| child shall be entitled to an annuity of 20% of salary, subject
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| to a maximum total payment for all such children of 50% of | 15 |
| salary. | 16 |
| However, the survivor's annuity payable under this Section | 17 |
| shall not be
less than 100% of the amount of retirement annuity | 18 |
| to which the participant
or annuitant was entitled on the date | 19 |
| of death, if he or she is survived by
a dependent disabled | 20 |
| child. | 21 |
| The salary to be used for determining these benefits shall | 22 |
| be the
salary used for determining the amount of retirement | 23 |
| annuity as provided
in Section 2-119.01. | 24 |
| (b) Upon the death of a participant after the termination | 25 |
| of service or
upon death of an annuitant, the maximum total | 26 |
| payment to a surviving spouse
and eligible children, or to |
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| eligible children alone if there is no surviving
spouse, shall | 2 |
| be 75% of the retirement annuity to which the participant
or | 3 |
| annuitant was entitled, unless there is a dependent disabled | 4 |
| child
among the survivors. | 5 |
| (c) When a child ceases to be an eligible child, the | 6 |
| annuity to that
child, or to the surviving spouse on account of | 7 |
| that child, shall thereupon
cease, and the annuity payable to | 8 |
| the surviving spouse or other eligible
children shall be | 9 |
| recalculated if necessary. | 10 |
| Upon the ineligibility of the last eligible child, the | 11 |
| annuity shall
immediately revert to the amount payable upon | 12 |
| death of a participant or
annuitant who leaves no eligible | 13 |
| children. If the surviving spouse is then
under age 50, the | 14 |
| annuity as revised shall be deferred until the attainment
of | 15 |
| age 50. | 16 |
| (d) Beginning January 1, 1990, every survivor's annuity | 17 |
| shall be increased
(1) on each January 1 occurring on or after | 18 |
| the commencement of the annuity if
the deceased member died | 19 |
| while receiving a retirement annuity, or (2) in
other cases, on | 20 |
| each January 1 occurring on or after the first anniversary
of | 21 |
| the commencement of the annuity, by an amount equal to 3% of | 22 |
| the current
amount of the annuity, including any previous | 23 |
| increases under this Article.
Such increases shall apply | 24 |
| without regard to whether the deceased member
was in service on | 25 |
| or after the effective date of this amendatory Act of
1991, but | 26 |
| shall not accrue for any period prior to January 1, 1990. |
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| (d-5) Notwithstanding any other provision of this Article, | 2 |
| the initial survivor's annuity of a survivor of a participant | 3 |
| who first becomes a participant on or after January 1, 2011 | 4 |
| ( the effective date of Public Act 96-889) this amendatory Act | 5 |
| of the 96th General Assembly shall be in the amount of 66 2/3% | 6 |
| of the amount of the retirement annuity to which the | 7 |
| participant or annuitant was entitled on the date of death and | 8 |
| shall be increased (1) on each January 1 occurring on or after | 9 |
| the commencement of the annuity if
the deceased member died | 10 |
| while receiving a retirement annuity or (2) in
other cases, on | 11 |
| each January 1 occurring on or after the first anniversary
of | 12 |
| the commencement of the annuity, by an amount equal to 3% or | 13 |
| one-half the annual change in the Consumer Price Index for All | 14 |
| Urban Consumers, whichever is less, of the survivor's annuity | 15 |
| then being paid. | 16 |
| (e) Notwithstanding any other provision of this Article, | 17 |
| beginning
January 1, 1990, the minimum survivor's annuity | 18 |
| payable to any person who
is entitled to receive a survivor's | 19 |
| annuity under this Article shall be
$300 per month, without | 20 |
| regard to whether or not the deceased participant
was in | 21 |
| service on the effective date of this amendatory Act of 1989. | 22 |
| (f) In the case of a proportional survivor's annuity | 23 |
| arising under
the Retirement Systems Reciprocal Act where the | 24 |
| amount payable by the
System on January 1, 1993 is less than | 25 |
| $300 per month, the amount payable
by the System shall be | 26 |
| increased beginning on that date by a monthly amount
equal to |
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| $2 for each full year that has expired since the annuity began. | 2 |
| (Source: P.A. 96-889, eff. 1-1-11.) | 3 |
| (40 ILCS 5/18-124) (from Ch. 108 1/2, par. 18-124) | 4 |
| (Text of Section after amendment by P.A. 96-889 ) | 5 |
| Sec. 18-124. Retirement annuities - conditions for | 6 |
| eligibility. | 7 |
| (a) This subsection (a) applies to a participant who first | 8 |
| serves as a judge before January 1, 2011 ( the effective date of | 9 |
| Public Act 96-889) this amendatory Act of the 96th General | 10 |
| Assembly . | 11 |
| A
participant whose employment as a judge is terminated, | 12 |
| regardless of age
or cause is entitled to a retirement annuity | 13 |
| beginning on
the date specified in a written application | 14 |
| subject to the
following: | 15 |
| (1) the date the annuity begins is subsequent
to the | 16 |
| date of final
termination of employment, or the date 30 | 17 |
| days prior to the receipt of
the application by the board | 18 |
| for annuities based on
disability, or one year before the | 19 |
| receipt of the application by the
board for annuities based | 20 |
| on attained age; | 21 |
| (2) the participant is at least age 55, or has
become | 22 |
| permanently disabled and as
a consequence is unable to | 23 |
| perform the duties of his or her office; | 24 |
| (3) the participant has at least 10 years of service
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| credit except that a participant terminating service after |
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| June
30 1975, with at least 6 years of service credit, | 2 |
| shall be entitled to
a retirement annuity at age 62 or | 3 |
| over; | 4 |
| (4) the participant is not receiving or entitled
to | 5 |
| receive, at the date of
retirement, any salary from an | 6 |
| employer for service currently performed. | 7 |
| (b) This subsection (b) applies to a participant who first | 8 |
| serves as a judge on or after January 1, 2011 ( the effective | 9 |
| date of Public Act 96-889) this amendatory Act of the 96th | 10 |
| General Assembly . | 11 |
| A participant who has at least 10 8 years of creditable | 12 |
| service is
entitled to a retirement annuity when he or she has | 13 |
| attained age 67. | 14 |
| A member who has attained age 62 and has at least 10 8 | 15 |
| years of service credit may elect to receive the lower | 16 |
| retirement annuity provided
in subsection (d) of Section 18-125 | 17 |
| of this Code. | 18 |
| (Source: P.A. 96-889, eff. 1-1-11.) | 19 |
| (40 ILCS 5/18-125.1) (from Ch. 108 1/2, par. 18-125.1) | 20 |
| (Text of Section after amendment by P.A. 96-889 ) | 21 |
| Sec. 18-125.1. Automatic increase in retirement annuity. A | 22 |
| participant who
retires from service after June 30, 1969, | 23 |
| shall, in January of the year next
following the year in which | 24 |
| the first anniversary of retirement occurs, and in
January of | 25 |
| each year thereafter, have the amount of his or her originally
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| granted retirement annuity increased as follows: for each year | 2 |
| up to and
including 1971, 1 1/2%; for each year from 1972 | 3 |
| through 1979 inclusive, 2%; and
for 1980 and each year | 4 |
| thereafter, 3%. | 5 |
| Notwithstanding any other provision of this Article, a | 6 |
| retirement annuity for a participant who first serves as a | 7 |
| judge on or after January 1, 2011 ( the effective date of Public | 8 |
| Act 96-889) this amendatory Act of the 96th General Assembly | 9 |
| shall be increased in January of the year next
following the | 10 |
| year in which the first anniversary of retirement occurs, and | 11 |
| in
January of each year thereafter, by an amount equal to 3% or | 12 |
| one-half the annual change in the Consumer Price Index for All | 13 |
| Urban Consumers, whichever is less, of the retirement annuity | 14 |
| then being paid. | 15 |
| This Section is not applicable to a participant who retires | 16 |
| before he
or she has made contributions at the rate prescribed | 17 |
| in Section 18-133 for
automatic increases for not less than the | 18 |
| equivalent of one full year, unless
such a participant arranges | 19 |
| to pay the system the amount required to bring
the total | 20 |
| contributions for the automatic increase to the equivalent of
| 21 |
| one year's contribution based upon his or her last year's | 22 |
| salary. | 23 |
| This Section is applicable to all participants in service | 24 |
| after June 30,
1969 unless a participant has elected, prior to | 25 |
| September 1,
1969, in a written direction filed with the board | 26 |
| not to be subject to
the provisions of this Section. Any |
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| participant in service on or after
July 1, 1992 shall have the | 2 |
| option of electing prior to April 1, 1993,
in a written | 3 |
| direction filed with the board, to be covered by the provisions | 4 |
| of
the 1969 amendatory Act. Such participant shall be required | 5 |
| to make the
aforesaid additional contributions with compound | 6 |
| interest at 4% per annum. | 7 |
| Any participant who has become eligible to receive the | 8 |
| maximum rate of
annuity and who resumes service as a judge | 9 |
| after receiving a retirement
annuity under this Article shall | 10 |
| have the amount of his or her
retirement annuity increased by | 11 |
| 3% of the originally granted annuity amount
for each year of | 12 |
| such resumed service, beginning in January of the year
next | 13 |
| following the date of such resumed service, upon subsequent
| 14 |
| termination of such resumed service. | 15 |
| Beginning January 1, 1990, all automatic annual increases | 16 |
| payable
under this Section shall be calculated as a percentage | 17 |
| of the total annuity
payable at the time of the increase, | 18 |
| including previous increases granted
under this Article. | 19 |
| (Source: P.A. 96-889, eff. 1-1-11.) | 20 |
| (40 ILCS 5/18-128.01) (from Ch. 108 1/2, par. 18-128.01) | 21 |
| (Text of Section after amendment by P.A. 96-889 ) | 22 |
| Sec. 18-128.01. Amount of survivor's annuity. | 23 |
| (a) Upon the death of
an annuitant, his or her surviving | 24 |
| spouse shall be entitled to a survivor's
annuity of 66 2/3% of | 25 |
| the annuity the annuitant was receiving immediately
prior to |
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| his or her death, inclusive of annual increases in the | 2 |
| retirement
annuity to the date of death. | 3 |
| (b) Upon the death of an active participant, his or her | 4 |
| surviving spouse
shall receive a survivor's annuity of 66 2/3% | 5 |
| of the annuity earned by the
participant as of the date of his | 6 |
| or her death, determined without regard
to whether the | 7 |
| participant had attained age 60 as of that time, or 7 1/2%
of | 8 |
| the last salary of the decedent, whichever is greater. | 9 |
| (c) Upon the death of a participant who had terminated | 10 |
| service with at
least 10 years of service, his or her surviving | 11 |
| spouse shall be entitled
to a survivor's annuity of 66 2/3% of | 12 |
| the annuity earned by the deceased
participant at the date of | 13 |
| death. | 14 |
| (d) Upon the death of an annuitant, active participant, or | 15 |
| participant
who had terminated service with at least 10 years | 16 |
| of service, each surviving
child under the age of 18 or | 17 |
| disabled as defined in Section 18-128 shall
be entitled to a | 18 |
| child's annuity in an amount equal to 5% of the decedent's
| 19 |
| final salary, not to exceed in total for all such children the | 20 |
| greater of
20% of the decedent's last salary or 66 2/3% of the | 21 |
| annuity received or
earned by the decedent as provided under | 22 |
| subsections (a) and (b) of this
Section. This child's annuity | 23 |
| shall be paid whether or not a survivor's
annuity was elected | 24 |
| under Section 18-123. | 25 |
| (e) The changes made in the survivor's annuity provisions | 26 |
| by Public Act
82-306 shall apply to the survivors of a deceased |
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| participant or annuitant
whose death occurs on or after August | 2 |
| 21, 1981. | 3 |
| (f) Beginning January 1, 1990, every survivor's annuity | 4 |
| shall be
increased
(1) on each January 1 occurring on or after | 5 |
| the commencement of the annuity if
the deceased member died | 6 |
| while receiving a retirement annuity, or (2) in other cases,
on | 7 |
| each January 1 occurring on or after the first anniversary of
| 8 |
| the commencement of the annuity, by an amount equal to 3% of | 9 |
| the current
amount of the annuity, including any previous | 10 |
| increases under this Article.
Such increases shall apply | 11 |
| without regard to whether the deceased member
was in service on | 12 |
| or after the effective date of this amendatory Act of
1991, but | 13 |
| shall not accrue for any period prior to January 1, 1990. | 14 |
| (g) Notwithstanding any other provision of this Article, | 15 |
| the initial survivor's annuity for a survivor of a participant | 16 |
| who first serves as a judge after January 1, 2011 ( the | 17 |
| effective date of Public Act 96-889) this amendatory Act of the | 18 |
| 96th General Assembly shall be in the amount of 66 2/3% of the | 19 |
| annuity received or earned by the decedent, and shall be | 20 |
| increased (1) on each January 1 occurring on or after the | 21 |
| commencement of the annuity if
the deceased participant died | 22 |
| while receiving a retirement annuity, or (2) in other cases,
on | 23 |
| each January 1 occurring on or after the first anniversary of
| 24 |
| the commencement of the annuity, by an amount equal to 3% or | 25 |
| one-half the annual change in the Consumer Price Index for All | 26 |
| Urban Consumers, whichever is less, of the survivor's annuity |
|
|
|
09600SB3537ham001 |
- 17 - |
LRB096 18785 AMC 41626 a |
|
| 1 |
| then being paid. | 2 |
| (Source: P.A. 96-889, eff. 1-1-11.)
| 3 |
| Section 99. Effective date. This Act takes effect January | 4 |
| 1, 2011.".
|
|