Full Text of HB0122 94th General Assembly
HB0122 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0122
Introduced 1/7/2005, by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/3-111 |
from Ch. 108 1/2, par. 3-111 |
30 ILCS 805/8.29 new |
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Amends the Downstate Police Article of the Illinois Pension Code to increase the pensions of persons with over 20 years of service. Increases the maximum pension from 75% to 80% of salary. 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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HB0122 |
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LRB094 03770 AMC 33779 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 3-111 as follows:
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| (40 ILCS 5/3-111) (from Ch. 108 1/2, par. 3-111)
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| Sec. 3-111. Pension.
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| (a) A police officer age 50 or more with 20 or
more years | 9 |
| of creditable service, who is not a participant in the
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| self-managed plan under Section 3-109.3 and who is no longer in | 11 |
| service
as a police officer, shall receive a pension of 1/2 of | 12 |
| the salary
attached to the rank held by the officer on the | 13 |
| police force for one year
immediately prior to retirement or, | 14 |
| beginning July 1, 1987 for persons
terminating service on or | 15 |
| after that date, the salary attached to the rank
held on the | 16 |
| last day of service or for one year prior to the last day,
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| whichever is greater. The pension shall be increased by 5%
2.5%
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| of such salary for each additional year of service over 20 | 19 |
| years of service
through 26
30 years of service, to a maximum | 20 |
| of 80%
75% of such
salary.
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| The changes made to this subsection (a) by this amendatory | 22 |
| Act of the
91st General Assembly apply to all pensions that | 23 |
| become payable under this
subsection on or after January 1, | 24 |
| 1999. All pensions payable under this
subsection that began on | 25 |
| or after January 1, 1999 and before the effective date
of this | 26 |
| amendatory Act shall be recalculated, and the amount of the | 27 |
| increase
accruing for that period shall be payable to the | 28 |
| pensioner in a lump sum. The changes made to this subsection | 29 |
| (a) by this amendatory Act of the
94th General Assembly apply | 30 |
| to all pensions that become payable under this
subsection on or | 31 |
| after the effective date of this amendatory Act of the 94th | 32 |
| General Assembly.
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HB0122 |
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LRB094 03770 AMC 33779 b |
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| (a-5) No pension in effect on or granted after June 30, | 2 |
| l973 shall be
less than $200 per month. Beginning July 1, 1987, | 3 |
| the minimum retirement
pension for a police officer having at | 4 |
| least 20 years of creditable service
shall be $400 per month, | 5 |
| without regard to whether or not retirement occurred
prior to | 6 |
| that date.
If the minimum pension established in Section | 7 |
| 3-113.1 is greater than the
minimum provided in this | 8 |
| subsection, the Section 3-113.1 minimum controls.
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| (b) A police officer mandatorily retired from service
due | 10 |
| to age by operation of law, having at least 8 but
less than 20 | 11 |
| years of creditable service, shall receive a pension
equal to 2 | 12 |
| 1/2% of the salary attached to the rank he or she held on
the | 13 |
| police force for one year immediately prior to retirement or,
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| beginning July 1, 1987 for persons terminating service on or | 15 |
| after that
date, the salary attached to the rank held on the | 16 |
| last day of service or
for one year prior to the last day, | 17 |
| whichever is greater, for each
year of creditable service.
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| A police officer who retires or is separated from service | 19 |
| having at least 8
years but less than 20 years of creditable | 20 |
| service, who is not mandatorily
retired due to age by operation | 21 |
| of law, and who does not apply for a refund of
contributions at | 22 |
| his or her last separation from police service, shall receive
a | 23 |
| pension upon attaining age 60 equal to 2.5% of the salary | 24 |
| attached to the
rank held by the police officer on the police | 25 |
| force for one year immediately
prior to retirement or, | 26 |
| beginning July 1, 1987 for persons terminating service
on or | 27 |
| after that date, the salary attached to the rank held on the | 28 |
| last day of
service or for one year prior to the last day, | 29 |
| whichever is greater, for each
year of creditable service.
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| (c) A police officer no longer in service who has at least | 31 |
| one but less
than 8 years of creditable service in a police | 32 |
| pension fund but meets the
requirements of this subsection (c) | 33 |
| shall be eligible to receive a pension from
that fund equal to | 34 |
| 2.5% of the salary attached to the rank held on the last day
of | 35 |
| service under that fund or for one year prior to that last day, | 36 |
| whichever is
greater, for each year of creditable service in |
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HB0122 |
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LRB094 03770 AMC 33779 b |
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| that fund. The pension shall
begin no earlier than upon | 2 |
| attainment of age 60 (or upon mandatory retirement
from the | 3 |
| fund by operation of law due to age, if that occurs before age | 4 |
| 60) and
in no event before the effective date of this | 5 |
| amendatory Act of 1997.
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| In order to be eligible for a pension under this subsection | 7 |
| (c), the police
officer must have at least 8 years of | 8 |
| creditable service in a second police
pension fund under this | 9 |
| Article and be receiving a pension under subsection (a)
or (b) | 10 |
| of this Section from that second fund. The police officer need | 11 |
| not be
in service on or after the effective date of this | 12 |
| amendatory Act of 1997.
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| (Source: P.A. 90-460, eff. 8-17-97; 91-939, eff. 2-1-01.)
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| Section 90. The State Mandates Act is amended by adding | 15 |
| Section 8.29 as
follows:
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| (30 ILCS 805/8.29 new)
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| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 18 |
| of this
Act, no reimbursement by the State is required for the | 19 |
| implementation of
any mandate created by this amendatory Act of | 20 |
| the 94th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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