Full Text of HB2958 97th General Assembly
HB2958 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2958 Introduced 2/23/2011, by Rep. Lisa M. Dugan SYNOPSIS AS INTRODUCED: |
|
40 ILCS 5/7-109.3 | from Ch. 108 1/2, par. 7-109.3 |
40 ILCS 5/7-142.1 | from Ch. 108 1/2, par. 7-142.1 |
40 ILCS 5/7-150 | from Ch. 108 1/2, par. 7-150 |
40 ILCS 5/7-156 | from Ch. 108 1/2, par. 7-156 | 30 ILCS 805/8.35 new | |
|
Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that if a full-time firefighter or firefighter/paramedic employed by a city, village, incorporated town, or township that meets certain requirements is not eligible to participate in a retirement fund created under the Downstate Firefighters Article of the Code, then he or she is eligible to participate, as a sheriff's law enforcement employee, under the IMRF Article of the Code. Specifies survivor and occupational disease disability benefits that are available to the qualifying firefighters. 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 |
|
| | | HB2958 | | LRB097 07145 JDS 47247 b |
|
| 1 | | AN ACT concerning 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 | | Sections 7-109.3, 7-142.1, 7-150, and 7-156 as follows:
| 6 | | (40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
| 7 | | Sec. 7-109.3. "Sheriff's Law Enforcement Employees".
| 8 | | (a) "Sheriff's law enforcement employee" or "SLEP" means:
| 9 | | (1) A county sheriff and all deputies, other than | 10 | | special deputies,
employed on a full time basis in the | 11 | | office of the sheriff.
| 12 | | (2) A person who has elected to participate in this | 13 | | Fund under Section
3-109.1 of this Code, and who is | 14 | | employed by a participating municipality
to perform police | 15 | | duties.
| 16 | | (3) A law enforcement officer employed on a full time | 17 | | basis by a Forest
Preserve District, provided that such | 18 | | officer shall be deemed a "sheriff's
law enforcement | 19 | | employee" for the purposes of this Article, and service in
| 20 | | that capacity shall be deemed to be service as a sheriff's | 21 | | law enforcement
employee, only if the board of | 22 | | commissioners of the District have so
elected by adoption | 23 | | of an affirmative resolution. Such election, once made,
may |
| | | HB2958 | - 2 - | LRB097 07145 JDS 47247 b |
|
| 1 | | not be rescinded.
| 2 | | (4) A person not eligible to participate in a fund | 3 | | established under
Article 3 of this Code who is employed on | 4 | | a full-time basis by a
participating municipality or | 5 | | participating instrumentality to perform
police duties at | 6 | | an airport, but only if the governing authority of the
| 7 | | employer has approved sheriff's law enforcement employee | 8 | | status for its
airport police employees by adoption of an | 9 | | affirmative resolution. Such
approval, once given, may not | 10 | | be rescinded.
| 11 | | (5) Any full-time firefighter or firefighter/paramedic | 12 | | employed by a city, village, incorporated town, or township | 13 | | that has a population of less than 5,000 inhabitants, is | 14 | | located in a county of more than 1,000,000 inhabitants, and | 15 | | employs 40 or more full-time paid firefighters or | 16 | | firefighter/paramedics who are subject to a collective | 17 | | bargaining agreement, provided that such a person is not | 18 | | eligible to participate in a fund established under Article | 19 | | 4 of this Code. | 20 | | (b) An employee who is a sheriff's law enforcement employee | 21 | | and is granted
military leave or authorized leave of absence | 22 | | shall receive service credit in
that capacity. Sheriff's law | 23 | | enforcement employees shall not be entitled to
out-of-State | 24 | | service credit under Section 7-139.
| 25 | | (Source: P.A. 92-16, eff. 6-28-01.)
|
| | | HB2958 | - 3 - | LRB097 07145 JDS 47247 b |
|
| 1 | | (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1) | 2 | | Sec. 7-142.1. Sheriff's law enforcement employees.
| 3 | | (a) In lieu of the retirement annuity provided by | 4 | | subparagraph 1 of
paragraph (a) of Section 7-142:
| 5 | | Any sheriff's law enforcement employee who
has 20 or more | 6 | | years of service in that capacity and who terminates
service | 7 | | prior to January 1, 1988 shall be entitled at his
option to | 8 | | receive a monthly retirement annuity for his service as a
| 9 | | sheriff's law enforcement employee computed by multiplying 2% | 10 | | for each year
of such service up to 10 years, 2 1/4% for each | 11 | | year
of such service above 10 years and up to 20 years, and
2 | 12 | | 1/2% for each year of such service above
20 years, by his | 13 | | annual final rate of earnings and dividing by 12.
| 14 | | Any sheriff's law enforcement employee who has 20 or more | 15 | | years of
service in that capacity and who terminates service on | 16 | | or after January 1,
1988 and before July 1, 2004 shall be | 17 | | entitled at his option to receive
a monthly retirement
annuity | 18 | | for his service as a sheriff's law enforcement employee | 19 | | computed by
multiplying 2.5% for each year of such service up | 20 | | to 20 years, 2% for each
year of such service above 20 years | 21 | | and up to 30 years, and 1% for each
year of such service above | 22 | | 30 years, by his annual final rate of earnings
and dividing by | 23 | | 12.
| 24 | | Any sheriff's law enforcement employee who has 20 or more | 25 | | years of
service in that capacity and who terminates service on | 26 | | or after July 1,
2004 shall be entitled at his or her option to |
| | | HB2958 | - 4 - | LRB097 07145 JDS 47247 b |
|
| 1 | | receive a monthly retirement
annuity for service as a sheriff's | 2 | | law enforcement employee computed by
multiplying 2.5% for each | 3 | | year of such service by his annual final rate of
earnings and | 4 | | dividing by 12.
| 5 | | If a sheriff's law enforcement employee has service in any | 6 | | other
capacity, his retirement annuity for service as a | 7 | | sheriff's law enforcement
employee may be computed under this | 8 | | Section and the retirement annuity for
his other service under | 9 | | Section 7-142.
| 10 | | In no case shall the total monthly retirement annuity for | 11 | | persons who retire before July 1, 2004 exceed 75% of the
| 12 | | monthly final rate of earnings. In no case shall the total | 13 | | monthly retirement annuity for persons who retire on or after | 14 | | July 1, 2004 exceed 80% of the
monthly final rate of earnings.
| 15 | | (b) Whenever continued group insurance coverage is elected | 16 | | in accordance
with the provisions of Section 367h of the | 17 | | Illinois Insurance Code, as now
or hereafter amended, the total | 18 | | monthly premium for such continued group
insurance coverage or | 19 | | such portion thereof as is not paid
by the municipality shall, | 20 | | upon request of the person electing such
continued group | 21 | | insurance coverage, be deducted from any monthly pension
| 22 | | benefit otherwise payable to such person pursuant to this | 23 | | Section, to be
remitted by the Fund to the insurance company
or | 24 | | other entity providing the group insurance coverage.
| 25 | | (c) A sheriff's law enforcement employee who has service in | 26 | | any other
capacity may convert up to 10 years of that service |
| | | HB2958 | - 5 - | LRB097 07145 JDS 47247 b |
|
| 1 | | into service as a sheriff's
law enforcement employee by paying | 2 | | to the Fund an amount equal to (1) the
additional employee | 3 | | contribution required under Section 7-173.1, plus (2) the | 4 | | additional employer contribution required under Section 7-172, | 5 | | plus (3) interest on items (1) and (2) at the
prescribed rate | 6 | | from the date of the service to the date of payment.
| 7 | | (d) The changes to subsections (a) and (b) of this Section | 8 | | made by this amendatory Act of the 94th General Assembly apply | 9 | | only to persons in service on or after July 1, 2004. In the | 10 | | case of such a person who begins to receive a retirement | 11 | | annuity before the effective date of this amendatory Act of the | 12 | | 94th General Assembly, the annuity shall be recalculated | 13 | | prospectively to reflect those changes, with the resulting | 14 | | increase beginning to accrue on the first annuity payment date | 15 | | following the effective date of this amendatory Act.
| 16 | | (e) Any elected county officer who was entitled to receive | 17 | | a stipend from the State on or after July 1, 2009 and on or | 18 | | before June 30, 2010 may establish earnings credit for the | 19 | | amount of stipend not received, if the elected county official | 20 | | applies in writing to the fund within 6 months after the | 21 | | effective date of this amendatory Act of the 96th General | 22 | | Assembly and pays to the fund an amount equal to (i) employee | 23 | | contributions on the amount of stipend not received, (ii) | 24 | | employer contributions determined by the Board equal to the | 25 | | employer's normal cost of the benefit on the amount of stipend | 26 | | not received, plus (iii) interest on items (i) and (ii) at the |
| | | HB2958 | - 6 - | LRB097 07145 JDS 47247 b |
|
| 1 | | actuarially assumed rate. | 2 | | (f) Notwithstanding any other provision of this Article,
| 3 | | the provisions of this subsection (f) apply to a person who | 4 | | first
becomes a sheriff's law enforcement employee under this | 5 | | Article on or after January 1, 2011 , except any person employed | 6 | | as a firefighter or firefighter/paramedic before January 1, | 7 | | 2011, who, after that date, first becomes a sheriff's law | 8 | | enforcement employee under this Article by operation of | 9 | | paragraph (5) of subsection (a) of Section 7-109.3 . | 10 | | A sheriff's law enforcement employee age 55 or more who has | 11 | | 10 or more years of service in that capacity shall be entitled | 12 | | at his option to receive a monthly retirement annuity for his | 13 | | or her service as a sheriff's law enforcement employee computed | 14 | | by multiplying 2.5% for each year of such service by his or her | 15 | | final rate of earnings. | 16 | | The retirement annuity of a sheriff's law enforcement | 17 | | employee who is retiring after attaining age 50 with 10 or more | 18 | | years of creditable service shall be reduced by one-half of 1% | 19 | | for each month that the sheriff's law enforcement employee's | 20 | | age is under age 55. | 21 | | The maximum retirement annuity under this subsection (f) | 22 | | shall be 75%
of final rate of earnings. | 23 | | For the purposes of this subsection (f), "final rate of | 24 | | earnings" means the average monthly earnings obtained by | 25 | | dividing the total salary of the sheriff's law enforcement | 26 | | employee during the 96 consecutive months of service within the |
| | | HB2958 | - 7 - | LRB097 07145 JDS 47247 b |
|
| 1 | | last 120 months of service in which the total earnings was the | 2 | | highest by the number of months of service in that period. | 3 | | Notwithstanding any other provision of this Article, | 4 | | beginning on January 1, 2011, for all purposes under this Code | 5 | | (including without limitation the calculation of benefits and | 6 | | employee contributions), except with regard to any person | 7 | | employed as a firefighter or firefighter/paramedic before | 8 | | January 1, 2011, who, after that date, first becomes a | 9 | | sheriff's law enforcement employee under this Article by | 10 | | operation of paragraph (5) of subsection (a) of Section | 11 | | 7-109.3, the annual earnings of a sheriff's law enforcement | 12 | | employee to whom this Section applies shall not include | 13 | | overtime and shall not exceed $106,800; however, that amount | 14 | | shall annually thereafter be increased by the lesser of (i) 3% | 15 | | of that amount, including all previous adjustments, or (ii) | 16 | | one-half the annual unadjusted percentage increase (but not | 17 | | less than zero) in the consumer price index-u for the 12 months | 18 | | ending with the September preceding each November 1, including | 19 | | all previous adjustments. | 20 | | (g) Notwithstanding any other provision of this Article, | 21 | | the monthly annuity
of a person who first becomes a sheriff's | 22 | | law enforcement employee under this Article on or after January | 23 | | 1, 2011 , except any person employed as a firefighter or | 24 | | firefighter/paramedic before January 1, 2011, who, after that | 25 | | date, first becomes a sheriff's law enforcement employee under | 26 | | this Article by operation of paragraph (5) of subsection (a) of |
| | | HB2958 | - 8 - | LRB097 07145 JDS 47247 b |
|
| 1 | | Section 7-109.3, shall be increased on the January 1 occurring | 2 | | either on or after the attainment of age 60 or the first | 3 | | anniversary of the annuity start date, whichever is later. Each | 4 | | annual increase shall be calculated at 3% or one-half the | 5 | | annual unadjusted percentage increase (but not less than zero) | 6 | | in the consumer price index-u for the 12 months ending with the | 7 | | September preceding each November 1, whichever is less, of the | 8 | | originally granted retirement annuity. If the annual | 9 | | unadjusted percentage change in the consumer price index-u for | 10 | | a 12-month period ending in September is zero or, when compared | 11 | | with the preceding period, decreases, then the annuity shall | 12 | | not be increased. | 13 | | (h) Notwithstanding any other provision of this Article, | 14 | | for a person who first becomes a sheriff's law enforcement | 15 | | employee under this Article on or after January 1, 2011, except | 16 | | any person employed as a firefighter or firefighter/paramedic | 17 | | before January 1, 2011, who, after that date, first becomes a | 18 | | sheriff's law enforcement employee under this Article by | 19 | | operation of paragraph (5) of subsection (a) of Section | 20 | | 7-109.3, the annuity to which the surviving spouse, children, | 21 | | or parents are entitled under this subsection (h) shall be in | 22 | | the amount of 66 2/3% of the sheriff's law enforcement | 23 | | employee's earned annuity at the date of death. | 24 | | (i) Notwithstanding any other provision of this Article, | 25 | | the monthly annuity
of a survivor of a person who first becomes | 26 | | a sheriff's law enforcement employee under this Article on or |
| | | HB2958 | - 9 - | LRB097 07145 JDS 47247 b |
|
| 1 | | after January 1, 2011 , except any person employed as a | 2 | | firefighter or firefighter/paramedic before January 1, 2011, | 3 | | who, after that date, first becomes a sheriff's law enforcement | 4 | | employee under this Article by operation of paragraph (5) of | 5 | | subsection (a) of Section 7-109.3, shall be increased on the | 6 | | January 1 after attainment of age 60 by the recipient of the | 7 | | survivor's annuity and
each January 1 thereafter by 3% or | 8 | | one-half the annual unadjusted percentage increase in the | 9 | | consumer price index-u for the
12 months ending with the | 10 | | September preceding each November 1, whichever is less, of the | 11 | | originally granted pension. If the annual unadjusted | 12 | | percentage change in
the consumer price index-u for a 12-month | 13 | | period ending in September is zero or, when compared with the | 14 | | preceding period, decreases, then the annuity shall not
be | 15 | | increased. | 16 | | (j) For the purposes of this Section, "consumer price | 17 | | index-u" means the index published by the Bureau of Labor | 18 | | Statistics of the United States Department of Labor that | 19 | | measures the average change in prices of goods and services | 20 | | purchased by all urban consumers, United States city average, | 21 | | all items, 1982-84 = 100. The new amount resulting from each | 22 | | annual adjustment shall be determined by the Public Pension | 23 | | Division of the Department of Insurance and made available to | 24 | | the boards of the pension funds. | 25 | | (Source: P.A. 96-961, eff. 7-2-10; 96-1495, eff. 1-1-11.)
|
| | | HB2958 | - 10 - | LRB097 07145 JDS 47247 b |
|
| 1 | | (40 ILCS 5/7-150) (from Ch. 108 1/2, par. 7-150)
| 2 | | Sec. 7-150. Total and permanent disability benefits - | 3 | | Eligibility. Total and permanent disability benefits shall be | 4 | | payable to
participating employees as hereinafter provided, | 5 | | including those
employees receiving disability benefit on July | 6 | | 1, 1962.
| 7 | | (a) A participating employee shall be considered totally | 8 | | and
permanently disabled if:
| 9 | | 1. He is unable to engage in any gainful activity | 10 | | because of any
medically determinable physical or mental | 11 | | impairment which can be
expected to result in death or be | 12 | | of a long continued and indefinite
duration, other than as | 13 | | a result of self-inflicted
injury or addiction to narcotic | 14 | | drugs;
| 15 | | 2. The Board has received a written certification by at | 16 | | least 1
licensed and practicing physician stating that the | 17 | | employee meets the
qualifications of subparagraph 1 of this | 18 | | paragraph (a).
| 19 | | (b) A totally and permanently disabled employee is entitled | 20 | | to a
permanent disability benefit provided:
| 21 | | 1. He has exhausted his temporary disability benefits.
| 22 | | 2. He:
| 23 | | (i) has at least one year of service immediately | 24 | | preceding the
date the disability was incurred and has | 25 | | made contributions to the fund
for at least the number | 26 | | of months of service normally required in his
position |
| | | HB2958 | - 11 - | LRB097 07145 JDS 47247 b |
|
| 1 | | during a 12 month period, or has at least 5 years of | 2 | | service
credit, the last year of which immediately | 3 | | preceded the date the
disability was incurred; or
| 4 | | (ii) had qualified under clause (i) above, but had | 5 | | an interruption in
service with the same participating | 6 | | municipality or participating
instrumentality of not | 7 | | more than 3 months in the 12 months preceding the date
| 8 | | the temporary disability was incurred and was not paid | 9 | | a separation benefit; or
| 10 | | (iii) had qualified under clause (i) above, but had | 11 | | an interruption
after 20 or more years of creditable | 12 | | service, was not paid a separation
benefit, and | 13 | | returned to service prior to the date the disability | 14 | | was incurred.
| 15 | | Item (iii) of this subdivision shall apply to all | 16 | | employees
whose disabilities were incurred on or after July | 17 | | 1, 1985, and any such
employee who becomes eligible for a | 18 | | disability benefit under item
(iii) shall be entitled to | 19 | | receive a lump sum payment of any accumulated
disability | 20 | | benefits which may accrue from the date the disability was
| 21 | | incurred until the effective date of this amendatory Act of | 22 | | 1987.
| 23 | | Periods of qualified leave granted in compliance with | 24 | | the federal Family
and Medical Leave Act shall be ignored | 25 | | for purposes of determining the number
of consecutive | 26 | | months of employment under this subdivision (b)2.
|
| | | HB2958 | - 12 - | LRB097 07145 JDS 47247 b |
|
| 1 | | 3. He is receiving no earnings from a participating | 2 | | municipality or
instrumentality thereof or participating | 3 | | instrumentality, except as
allowed under subsection (f) of | 4 | | Section 7-152.
| 5 | | 4. He has not refused to submit to a reasonable | 6 | | physical examination
by a physician appointed by the Board.
| 7 | | 5. His disability is not the result of a mental or | 8 | | physical
condition which existed on the earliest date of | 9 | | service from which he
has uninterrupted service, including | 10 | | prior service, at the date of his
disability, provided that | 11 | | this limitation shall not be applicable to a
participating | 12 | | employee who, without receiving a disability benefit,
| 13 | | receives 5 years of creditable service.
| 14 | | 6. He is not separated from the service of his | 15 | | employing
participating municipality or instrumentality | 16 | | thereof or participating
instrumentality on the date his | 17 | | temporary disability was incurred; for
the purposes of | 18 | | payment of total and permanent disability benefits, a
| 19 | | participating employee, whose employment relationship is | 20 | | terminated by
his employing municipality, shall be deemed | 21 | | not to be separated from the
service of his employing | 22 | | municipality or participating instrumentality
if he | 23 | | continues disabled by the same condition and so long as he | 24 | | is
otherwise entitled to such disability benefit.
| 25 | | 7. He has not refused to apply for a disability benefit | 26 | | under the
Federal Social Security Act at the request of the |
| | | HB2958 | - 13 - | LRB097 07145 JDS 47247 b |
|
| 1 | | Board.
| 2 | | (c) A participating employee shall remain eligible and may | 3 | | make
application for a total and permanent disability benefit | 4 | | within 90 days
after the termination of his temporary | 5 | | disability benefits or within
such longer period terminating at | 6 | | the end of the period during which his
employing municipality | 7 | | is prevented from employing him by reason of any
statutory | 8 | | prohibition.
| 9 | | (d) Notwithstanding any other provision of this Article, a | 10 | | firefighter or firefighter/paramedic who qualifies as a | 11 | | sheriff's law enforcement employee under paragraph (5) of | 12 | | subsection (a) of Section 7-109.3, has 5 or more years of | 13 | | creditable service, and is found unable to perform his or her | 14 | | duties in the fire department by reason of heart disease, | 15 | | stroke, tuberculosis, or any disease of the lungs or | 16 | | respiratory tract, resulting from service as a firefighter, is | 17 | | entitled to an occupational disease disability pension during | 18 | | any period of such disability for which he or she has no right | 19 | | to receive salary. | 20 | | Any active firefighter who qualifies as a sheriff's law | 21 | | enforcement employee under paragraph (5) of subsection (a) of | 22 | | Section 7-109.3, has completed 5 or more years of service, and | 23 | | is unable to perform his or her duties in the fire department | 24 | | by reason of a disabling cancer, which develops or manifests | 25 | | itself during a period while the firefighter is in the service | 26 | | of the fire department, shall be entitled to receive an |
| | | HB2958 | - 14 - | LRB097 07145 JDS 47247 b |
|
| 1 | | occupational disease disability benefit during any period of | 2 | | such disability for which he or she does not have a right to | 3 | | receive salary. In order to receive this occupational disease | 4 | | disability benefit, (i) the type of cancer involved must be a | 5 | | type that may be caused by exposure to heat, radiation, or a | 6 | | known carcinogen, as defined by the International Agency for | 7 | | Research on Cancer, and (ii) the cancer must (and is rebuttably | 8 | | presumed to) arise as a result of service as a firefighter. | 9 | | A firefighter who qualifies as a sheriff's law enforcement | 10 | | employee under paragraph (5) of subsection (a) of Section | 11 | | 7-109.3 and who enters the service after August 27, 1971 shall | 12 | | be examined by one or more practicing physicians appointed by | 13 | | the Board. If the examination discloses impairment of the | 14 | | heart, lungs, or respiratory tract, or the existence of any | 15 | | cancer, the firefighter who qualifies as a sheriff's law | 16 | | enforcement employee under paragraph (5) of subsection (a) of | 17 | | Section 7-109.3 shall not be entitled to the occupational | 18 | | disease disability pension unless and until a subsequent | 19 | | examination reveals no such impairment or cancer. | 20 | | The occupational disease disability pension shall be equal | 21 | | to the greater of (1) 65% of the salary attached to the rank | 22 | | held by the firefighter in the fire service at the time of his | 23 | | or her removal from the municipality's fire department payroll | 24 | | or (2) the retirement pension that the firefighter would be | 25 | | eligible to receive if he or she retired (but not including any | 26 | | automatic annual increase in that retirement pension). |
| | | HB2958 | - 15 - | LRB097 07145 JDS 47247 b |
|
| 1 | | The firefighter who qualifies as a sheriff's law | 2 | | enforcement employee under paragraph (5) of subsection (a) of | 3 | | Section 7-109.3 is also entitled to a child's disability | 4 | | benefit of $20 a month for each natural or legally adopted | 5 | | unmarried child less than age 18 who is dependent upon the | 6 | | firefighter for support. The total child's disability benefit | 7 | | when added to the occupational disease disability pension shall | 8 | | not exceed 75% of the firefighter's salary at the time of the | 9 | | grant of occupational disease disability pension. | 10 | | The occupational disease disability pension is payable to | 11 | | the firefighter during the period of the disability. If the | 12 | | disability ceases before the death of the firefighter, the | 13 | | disability pension payable under this Section shall also cease, | 14 | | and the firefighter thereafter shall receive such pension | 15 | | benefits as are provided in accordance with other provisions of | 16 | | this Article. | 17 | | If a firefighter who qualifies as a sheriff's law | 18 | | enforcement employee under paragraph (5) of subsection (a) of | 19 | | Section 7-109.3 dies while still disabled and receiving a | 20 | | disability pension under this Section, the disability pension | 21 | | shall continue to be paid to the firefighter's survivors. A | 22 | | pension previously granted under this Section to a firefighter | 23 | | who died while receiving a disability pension under this | 24 | | Section shall be deemed to be a continuation of the pension | 25 | | provided under this Section and shall be deemed to be in the | 26 | | nature of worker's occupational disease compensation payments. |
| | | HB2958 | - 16 - | LRB097 07145 JDS 47247 b |
|
| 1 | | The changes to this Section made by this amendatory Act of the | 2 | | 97th General Assembly are intended to be retroactive and are | 3 | | not limited to persons in service on or after the effective | 4 | | date. | 5 | | The child's disability benefit shall terminate if the | 6 | | disability ceases while the firefighter is alive or when the | 7 | | child or children attain age 18 or marry, whichever event | 8 | | occurs first, except that benefits payable on account of a | 9 | | child under this Section shall not be reduced or terminated by | 10 | | reason of the child's attainment of age 18 if he or she is then | 11 | | dependent by reason of a physical or mental disability but | 12 | | shall continue to be paid as long as such dependency continues. | 13 | | Individuals over the age of 18 and adjudged as a disabled | 14 | | person pursuant to Article XIa of the Probate Act of 1975, | 15 | | except for persons receiving benefits under Article III of the | 16 | | Illinois Public Aid Code, shall be eligible to receive benefits | 17 | | under this Act. | 18 | | (Source: P.A. 90-766, eff. 8-14-98.)
| 19 | | (40 ILCS 5/7-156) (from Ch. 108 1/2, par. 7-156)
| 20 | | Sec. 7-156. Surviving spouse annuities - amount.
| 21 | | (a) The amount of surviving spouse annuity shall be:
| 22 | | 1. Upon the death of an employee annuitant or such person | 23 | | entitled, upon
application, to a retirement annuity at date of | 24 | | death, (i) an amount equal
to 1/2 of the retirement annuity | 25 | | which was or would
have been payable exclusive of the amount so |
| | | HB2958 | - 17 - | LRB097 07145 JDS 47247 b |
|
| 1 | | payable which was provided from
additional credits, and | 2 | | disregarding any election made under paragraph (b) of
Section | 3 | | 7-142, plus (ii) an annuity which could be provided at the then
| 4 | | attained age of the surviving spouse and under actuarial tables | 5 | | then in effect,
from the excess of the additional credits, | 6 | | (excluding any such credits used to
create a reversionary | 7 | | annuity) used to provide the annuity granted pursuant to
| 8 | | paragraph (a) (2) of Section 7-142 of this article over the | 9 | | total annuity
payments made pursuant thereto.
| 10 | | 2. Upon the death of a participating employee on or after | 11 | | attainment of
age 55, an amount equal to 1/2 of the retirement | 12 | | annuity
which he could have had as of the date of death had he | 13 | | then retired and applied
for annuity, exclusive of the portion | 14 | | thereof which could have been provided
from additional credits, | 15 | | and disregarding paragraph (b) of Section 7-142,
plus an amount | 16 | | equal to the annuity which could be provided from the total
of | 17 | | his accumulated additional credits at date of death, on the | 18 | | basis of the
attained age of the surviving spouse on such date.
| 19 | | 3. Upon the death of a participating employee before age | 20 | | 55, an amount equal
to 1/2 of the retirement annuity which he | 21 | | could have had
as of his attained age on the date of death, had | 22 | | he then retired and applied
for annuity, and the provisions of | 23 | | this Article that no such annuity shall
begin until the | 24 | | employee has attained at least age 55 were not applicable,
| 25 | | exclusive of the portion thereof which could have been provided | 26 | | from
additional credits and disregarding paragraph (b) of |
| | | HB2958 | - 18 - | LRB097 07145 JDS 47247 b |
|
| 1 | | Section 7-142, plus an
amount equal to the annuity which could | 2 | | be provided from the total of his
accumulated additional | 3 | | credits at date of death, on the basis of the
attained age of | 4 | | the surviving spouse on such date.
| 5 | | In the case of the surviving spouse of a person who dies | 6 | | before the
effective date of this amendatory Act of the 94th | 7 | | General Assembly, if
the surviving spouse is more than 5 years | 8 | | younger than the deceased,
that portion of the annuity which is | 9 | | not based on additional credits shall
be reduced in the ratio | 10 | | of the value of a life annuity of $1 per year at an
age of 5 | 11 | | years less than the attained age of the deceased, at the | 12 | | earlier
of the date of the death or the date his retirement | 13 | | annuity begins, to the
value of a life annuity of $1 per year | 14 | | at the attained age of the surviving
spouse on such date, | 15 | | according to actuarial tables approved by the Board.
This | 16 | | reduction does not apply to the surviving spouse of a person | 17 | | who dies
on or after the effective date of this amendatory Act | 18 | | of the 94th General
Assembly.
| 19 | | In computing the amount of a surviving spouse annuity, | 20 | | incremental increases
of retirement annuities to the date of | 21 | | death of the employee annuitant shall be
considered.
| 22 | | (b) Each surviving spouse annuity payable on January 1, | 23 | | 1988 shall be
increased on that date by 3% of the original | 24 | | amount of the annuity. Each
surviving spouse annuity that | 25 | | begins after January 1, 1988 shall be
increased on the January | 26 | | 1 next occurring after the annuity begins, by an
amount equal |
| | | HB2958 | - 19 - | LRB097 07145 JDS 47247 b |
|
| 1 | | to (i) 3% of the original amount thereof if the deceased
| 2 | | employee was receiving a retirement annuity at the time of his | 3 | | death; otherwise
(ii) 0.167% of the original amount thereof for | 4 | | each complete
month which has elapsed since the date the | 5 | | annuity began.
| 6 | | On each January 1 after the date of the initial increase | 7 | | under this
subsection, each surviving spouse annuity shall be | 8 | | increased by 3% of the
originally granted amount of the | 9 | | annuity.
| 10 | | (c) Notwithstanding any other provision of this Article, | 11 | | the pension of the surviving spouse of a firefighter who | 12 | | qualifies as a sheriff's law enforcement employee under | 13 | | paragraph (5) of subsection (a) of Section 7-109.3 and dies on | 14 | | or after January 1, 1988 as a result of sickness, accident, or | 15 | | injury incurred in or resulting from the performance of an act | 16 | | of duty or from the cumulative effects of acts of duty shall | 17 | | not be less than 100% of the salary attached to the rank held | 18 | | by the deceased firefighter on the last day of service. | 19 | | (Source: P.A. 94-712, eff. 6-1-06 .)
| 20 | | Section 90. The State Mandates Act is amended by adding | 21 | | Section 8.35 as follows: | 22 | | (30 ILCS 805/8.35 new) | 23 | | Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8 | 24 | | of this Act, no reimbursement by the State is required for the |
| | | HB2958 | - 20 - | LRB097 07145 JDS 47247 b |
|
| 1 | | implementation of any mandate created by this amendatory Act of | 2 | | the 97th General Assembly.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
|
|