Full Text of HB5183 100th General Assembly
HB5183ham001 100TH GENERAL ASSEMBLY | Rep. Daniel J. Burke Filed: 4/18/2018
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| 1 | | AMENDMENT TO HOUSE BILL 5183
| 2 | | AMENDMENT NO. ______. Amend House Bill 5183 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 5-167.4, 6-128.2, and 6-128.4 as follows:
| 6 | | (40 ILCS 5/5-167.4)
(from Ch. 108 1/2, par. 5-167.4)
| 7 | | Sec. 5-167.4. Widow annuitant minimum annuity.
| 8 | | (a) Notwithstanding any other provision of this Article, | 9 | | beginning
January 1, 1996, the minimum amount of widow's | 10 | | annuity payable to any person
who is entitled to receive a | 11 | | widow's annuity under this Article is $700 per
month, without | 12 | | regard to whether the deceased policeman is in service on or
| 13 | | after the effective date of this amendatory Act of 1995.
| 14 | | Notwithstanding any other provision of this Article, | 15 | | beginning
January 1, 1999, the minimum amount of widow's | 16 | | annuity payable to any person
who is entitled to receive a |
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| 1 | | widow's annuity under this Article is $800 per
month, without | 2 | | regard to whether the deceased policeman is in service on or
| 3 | | after the effective date of this amendatory Act of 1998.
| 4 | | Notwithstanding any other provision of this Article, | 5 | | beginning
January 1, 2004, the minimum amount of widow's | 6 | | annuity payable to any person
who is entitled to receive a | 7 | | widow's annuity under this Article is $900 per
month, without | 8 | | regard to whether the deceased policeman is in service on or
| 9 | | after the effective date of this amendatory Act of the 93rd | 10 | | General Assembly.
| 11 | | Notwithstanding any other provision of this Article, | 12 | | beginning
January 1, 2005, the minimum amount of widow's | 13 | | annuity payable to any person
who is entitled to receive a | 14 | | widow's annuity under this Article is $1,000 per
month, without | 15 | | regard to whether the deceased policeman is in service on or
| 16 | | after the effective date of this amendatory Act of the 93rd | 17 | | General Assembly.
| 18 | | (b) Effective January 1, 1994, the minimum amount of | 19 | | widow's annuity
shall be $700 per month for the following | 20 | | classes of widows, without regard to
whether the deceased | 21 | | policeman is in service on or after the effective date of
this | 22 | | amendatory Act of 1993: (1) the widow of a policeman who dies | 23 | | in service
with at least 10 years of service credit, or who | 24 | | dies in service after June 30,
1981; and (2) the widow of a | 25 | | policeman who withdraws from service with 20 or
more years of | 26 | | service credit and does not withdraw a refund, provided that |
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| 1 | | the
widow is married to the policeman before he withdraws from | 2 | | service.
| 3 | | (b-5) Notwithstanding any other provision of this Article, | 4 | | beginning January 1, 2017, the minimum widow's annuity under | 5 | | this Article shall be no less than 125% of the Federal Poverty | 6 | | Level for all persons receiving widow's annuities on or after | 7 | | that date, without regard to whether the deceased policeman is | 8 | | in service on or after the effective date of this amendatory | 9 | | Act of the 99th General Assembly. Notwithstanding any other | 10 | | provision of this Article, beginning January 1, 2019, the | 11 | | minimum widow's annuity under this Article shall be no less | 12 | | than 150% of the Federal Poverty Level for all persons | 13 | | receiving widow's annuities on or after that date, without | 14 | | regard to whether the deceased policeman is in service on or | 15 | | after the effective date of this amendatory Act of the 100th | 16 | | General Assembly. For purposes of this Section, "Federal | 17 | | Poverty Level" means the poverty guidelines applicable to an | 18 | | individual in a single-person household located in Illinois, as | 19 | | updated periodically in the Federal Register by the United | 20 | | States Department of Health and Human Services under the | 21 | | authority of 42 U.S.C. 9902(2). | 22 | | (c) The city, in addition to the contributions otherwise | 23 | | made by it
under the other provisions of this Article, shall | 24 | | make such contributions
as are necessary for the minimum | 25 | | widow's annuities provided under
this Section in the manner | 26 | | prescribed in Section 5-175.
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| 1 | | (Source: P.A. 99-905, eff. 11-29-16.)
| 2 | | (40 ILCS 5/6-128.2)
(from Ch. 108 1/2, par. 6-128.2)
| 3 | | Sec. 6-128.2. Minimum retirement annuities.
| 4 | | (a) Beginning with the monthly payment due in January, | 5 | | 1988, the monthly
annuity payment for any person who is | 6 | | entitled to receive a retirement
annuity under this Article in | 7 | | January, 1990 and has retired from service at
age 50 or over | 8 | | with 20 or more years of service, and for any person who
| 9 | | retires from service on or after January 24, 1990 at age 50 or | 10 | | over
with 20 or more years of service, shall not be less than | 11 | | $475 per month.
The $475 minimum annuity is exclusive of any | 12 | | automatic annual increases
provided by Sections 6-164 and | 13 | | 6-164.1, but not exclusive of previous
raises in the minimum | 14 | | annuity as provided by any Section of this Article.
| 15 | | Beginning January 1, 1992, the minimum retirement annuity | 16 | | payable to
any person who has retired from service at age 50 or | 17 | | over with 20 or more
years of service and is entitled to | 18 | | receive a retirement annuity under this
Article on that date, | 19 | | or who retires from service at age 50 or over with 20
or more | 20 | | years of service after that date, shall be $650 per month.
| 21 | | Beginning January 1, 1993, the minimum retirement annuity | 22 | | payable to
any person who has retired from service at age 50 or | 23 | | over with 20 or more
years of service and is entitled to | 24 | | receive a retirement annuity under this
Article on that date, | 25 | | or who retires from service at age 50 or over with 20
or more |
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| 1 | | years of service after that date, shall be $750 per month.
| 2 | | Beginning January 1, 1994, the minimum retirement annuity | 3 | | payable to
any person who has retired from service at age 50 or | 4 | | over with 20 or more
years of service and is entitled to | 5 | | receive a retirement annuity under this
Article on that date, | 6 | | or who retires from service at age 50 or over with 20
or more | 7 | | years of service after that date, shall be $850 per month.
| 8 | | Beginning January 1, 2004, the minimum retirement annuity | 9 | | payable to any
person who has retired from service at age 50 or | 10 | | over with 20 or more years of
service and is entitled to | 11 | | receive a retirement annuity under this Article on
that date, | 12 | | or who retires from service at age 50 or over with 20 or more | 13 | | years
of service after that date, shall be $950 per month.
| 14 | | Beginning January 1, 2005, the minimum retirement annuity | 15 | | payable to any
person who has retired from service at age 50 or | 16 | | over with 20 or more years of
service and is entitled to | 17 | | receive a retirement annuity under this Article on
that date, | 18 | | or who retires from service at age 50 or over with 20 or more | 19 | | years
of service after that date, shall be $1,050 per month.
| 20 | | Beginning January 1, 2016, the minimum retirement annuity | 21 | | payable to any person who has retired from service at age 50 or | 22 | | over with 20 or more years of service and is entitled to | 23 | | receive a retirement annuity under this Article on that date, | 24 | | or who retires from service at age 50 or over with 20 or more | 25 | | years of service after that date, shall be no less than 125% of | 26 | | the Federal Poverty Level. |
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| 1 | | Beginning January 1, 2019, the minimum retirement annuity | 2 | | payable to any person who has retired from service at age 50 or | 3 | | over with 20 or more years of service and is entitled to | 4 | | receive a retirement annuity under this Article on that date, | 5 | | or who retires from service at age 50 or over with 20 or more | 6 | | years of service after that date, shall be no less than 150% of | 7 | | the Federal Poverty Level. | 8 | | For purposes of this Section, the "Federal Poverty Level" | 9 | | shall be determined pursuant to the poverty guidelines updated | 10 | | periodically in the Federal Register by the United States | 11 | | Department of Health and Human Services under the authority of | 12 | | 42 U.S.C. 9902(2). | 13 | | The minimum annuities established by this subsection (a) do | 14 | | include
previous raises in the minimum annuity as provided by | 15 | | any Section of this
Article, but do not include any sums which | 16 | | have been added or will be added
to annuity payments by the | 17 | | automatic annual increases provided by Sections
6-164 and | 18 | | 6-164.1. Such annual increases shall be paid in addition to the
| 19 | | minimum amounts specified in this subsection.
| 20 | | (b) Notwithstanding any other provision of this Article, | 21 | | beginning
January 1, 1990, the minimum retirement annuity | 22 | | payable to any person who
is entitled to receive a retirement | 23 | | annuity under this Article on that date
shall be $475 per | 24 | | month.
| 25 | | (c) The changes made to this Section by this amendatory Act | 26 | | of the
93rd General Assembly apply to all persons receiving a |
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| 1 | | retirement
annuity under this Article, without regard to | 2 | | whether the retirement of the
fireman occurred prior to the | 3 | | effective date of this amendatory Act.
| 4 | | (Source: P.A. 99-506, eff. 5-30-16.)
| 5 | | (40 ILCS 5/6-128.4)
(from Ch. 108 1/2, par. 6-128.4)
| 6 | | Sec. 6-128.4. Minimum widow's annuities.
| 7 | | (a) Notwithstanding any other provision of this Article, | 8 | | beginning
January 1, 1996, the minimum amount of widow's | 9 | | annuity payable to any person
who is entitled to receive a | 10 | | widow's annuity under this Article is $700 per
month, without | 11 | | regard to whether the deceased fireman is in service on or | 12 | | after
the effective date of this amendatory Act of 1995.
| 13 | | (b) Notwithstanding Section 6-128.3, beginning January 1, | 14 | | 1994, the
minimum widow's annuity under this Article shall be | 15 | | $700 per month for (1) all
persons receiving widow's annuities | 16 | | on that date who are survivors of employees
who retired at age | 17 | | 50 or over with at least 20 years of service, and (2)
persons | 18 | | who become eligible for widow's annuities and are survivors of
| 19 | | employees who retired at age 50 or over with at least 20 years | 20 | | of service.
| 21 | | (c) Notwithstanding Section 6-128.3, beginning January 1, | 22 | | 1999, the
minimum widow's annuity under this Article shall be | 23 | | $800 per month for (1) all
persons receiving widow's annuities | 24 | | on that date who are survivors of employees
who retired at age | 25 | | 50 or over with at least 20 years of service, and (2)
persons |
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| 1 | | who become eligible for widow's annuities and are survivors of
| 2 | | employees who retired at age 50 or over with at least 20 years | 3 | | of service.
| 4 | | (d) Notwithstanding Section 6-128.3, beginning January 1, | 5 | | 2004, the
minimum widow's annuity under this Article shall be | 6 | | $900 per month for all
persons receiving widow's annuities on | 7 | | or after that date, without regard to
whether the deceased | 8 | | fireman is in service on or after the effective date of
this | 9 | | amendatory Act of the 93rd General Assembly.
| 10 | | (e) Notwithstanding Section 6-128.3, beginning January 1, | 11 | | 2005, the
minimum widow's annuity under this Article shall be | 12 | | $1,000 per month for all
persons receiving widow's annuities on | 13 | | or after that date, without regard to
whether the deceased | 14 | | fireman is in service on or after the effective date of
this | 15 | | amendatory Act of the 93rd General Assembly.
| 16 | | (f) Notwithstanding Section 6-128.3, beginning January 1, | 17 | | 2017, the minimum widow's annuity under this Article shall be | 18 | | no less than 125% of the Federal Poverty Level for all persons | 19 | | receiving widow's annuities on or after that date, without | 20 | | regard to whether the deceased fireman is in service on or | 21 | | after the effective date of this amendatory Act of the 99th | 22 | | General Assembly. | 23 | | (g) Notwithstanding Section 6-128.3, beginning January 1, | 24 | | 2019, the minimum widow's annuity under this Article shall be | 25 | | no less than 150% of the Federal Poverty Level for all persons | 26 | | receiving widow's annuities on or after that date, without |
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| 1 | | regard to whether the deceased fireman is in service on or | 2 | | after the effective date of this amendatory Act of the 100th | 3 | | General Assembly. | 4 | | (h) For purposes of this Section, "Federal Poverty Level" | 5 | | means the poverty guidelines applicable to an individual in a | 6 | | single-person household located in Illinois, as updated | 7 | | periodically in the Federal Register by the United States | 8 | | Department of Health and Human Services under the authority of | 9 | | 42 U.S.C. 9902(2). | 10 | | (Source: P.A. 99-905, eff. 11-29-16.)
| 11 | | Section 90. The State Mandates Act is amended by adding | 12 | | Section 8.42 as follows: | 13 | | (30 ILCS 805/8.42 new) | 14 | | Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8 | 15 | | of this Act, no reimbursement by the State is required for the | 16 | | implementation of any mandate created by this amendatory Act of | 17 | | the 100th General Assembly.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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