Full Text of HB0206 97th General Assembly
HB0206 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0206 Introduced 01/21/11, by Rep. Jack McGuire SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/3-114.1 | from Ch. 108 1/2, par. 3-114.1 | 30 ILCS 805/8.35 new | |
| Amends the Downstate Police Article
of the Pension Code. Provides that the monthly pension of a police officer who receives a line of duty disability pension who was hired on or before January 1, 1979, who received a line of duty benefit on or after January 1, 1993 with at least 14 years of service, and who applies within 6 months after the effective date of the amendatory Act shall be increased in January of the year following the year he or she attains age 50 by 3% of the original grant of pension for each year he or she received pension payments, and, in each January thereafter, the police officer shall receive an additional increase of 3% of the original pension. 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 |
|
| | | HB0206 | | LRB097 05481 JDS 45541 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 | | Section 3-114.1 as follows:
| 6 | | (40 ILCS 5/3-114.1) (from Ch. 108 1/2, par. 3-114.1)
| 7 | | Sec. 3-114.1. Disability pension - Line of duty.
| 8 | | (a) If a police officer as the result of sickness, accident | 9 | | or injury
incurred in or resulting from the performance of an | 10 | | act of duty, is found to be
physically or mentally disabled for | 11 | | service in the police department, so as to
render necessary his | 12 | | or her suspension or retirement from the police service,
the | 13 | | police officer shall be entitled to a disability retirement | 14 | | pension equal
to the greatest of (1) 65% of the salary attached | 15 | | to the rank on the
police force held by the officer at the date | 16 | | of suspension of duty or
retirement, (2) the retirement pension | 17 | | that the police officer would be
eligible to receive if he or | 18 | | she retired (but not including any automatic
annual increase in | 19 | | that retirement pension), or (3) the pension provided
under | 20 | | subsection (d), if applicable.
| 21 | | A police officer shall be considered "on duty" while on any | 22 | | assignment
approved by the chief of the police department of | 23 | | the municipality he or she
serves, whether the assignment is |
| | | HB0206 | - 2 - | LRB097 05481 JDS 45541 b |
|
| 1 | | within or outside the municipality.
| 2 | | (b) If a police officer on disability pension dies while | 3 | | still disabled,
the disability pension shall continue to be | 4 | | paid to his or her survivors in the
sequence provided in | 5 | | Section 3-112.
| 6 | | (c) From and after July 1, 1987, any pension payable under | 7 | | this
Section shall be at least $400 per month, without regard | 8 | | to the fact that
the disability or death of the police officer | 9 | | occurred prior to that date.
If the minimum pension established | 10 | | in Section 3-113.1 is greater than the
minimum provided in this | 11 | | Section, the Section 3-113.1 minimum controls.
| 12 | | (d) A disabled police officer who (1) is receiving a | 13 | | pension under this
Section
on the effective date of this | 14 | | amendatory Act of the 91st General Assembly, (2)
files with the | 15 | | Fund, within 30 days after that effective date and annually
| 16 | | thereafter while the pension remains payable, a written | 17 | | application for the
benefits of this subsection, including an | 18 | | affidavit stating that the applicant
has not earned any income | 19 | | from gainful employment during the most recently
concluded tax | 20 | | year and a copy of his or her most recent Illinois income tax
| 21 | | return, (3) has service credit in the Fund for at least 7 years | 22 | | of active duty,
and (4) has been receiving the pension under | 23 | | this Section for a period which,
when added to the officer's | 24 | | total service credit in the Fund, equals at least
20 years, | 25 | | shall be eligible to receive an annual noncompounded increase | 26 | | in his
or her pension under this Section, equal to 3% of the |
| | | HB0206 | - 3 - | LRB097 05481 JDS 45541 b |
|
| 1 | | original pension.
| 2 | | The Fund may take appropriate steps to verify the | 3 | | applicant's disability
and earnings status, and for this | 4 | | purpose may request from the Department of
Revenue a certified | 5 | | copy of the applicant's Illinois income tax return for any
year | 6 | | for which a benefit under this Section is payable or has been | 7 | | paid.
| 8 | | The annual increase shall accrue on each anniversary of the | 9 | | initial pension
payment date, for so long as the pension | 10 | | remains payable to the disabled police
officer and the required | 11 | | annual application is made, except that the annual
increases | 12 | | under this subsection shall cease if the disabled police | 13 | | officer
earns income from gainful employment. Within 60 days | 14 | | after accepting an
initial application under this subsection, | 15 | | the Fund shall pay to the disabled
police officer, in a lump | 16 | | sum without interest, the amounts resulting from the
annual | 17 | | increases that have accrued retroactively.
| 18 | | This subsection is not limited to persons in active service | 19 | | on or after its
effective date, but it applies only to a | 20 | | pension that is payable under this
Section to a disabled police | 21 | | officer (rather than a survivor). Upon the death
of the | 22 | | disabled police officer, the annuity payable under this Section | 23 | | to his
or her survivors shall include any annual increases | 24 | | previously received, but no
additional increases shall accrue | 25 | | under this subsection.
| 26 | | (e) The monthly pension of a police officer who receives a |
| | | HB0206 | - 4 - | LRB097 05481 JDS 45541 b |
|
| 1 | | line of duty pension under this Section who was hired on or | 2 | | before January 1, 1979, who received a line of duty benefit on | 3 | | or after January 1, 1993 with at least 14 years of service, and | 4 | | who applies within 6 months after the effective date of this | 5 | | amendatory Act of the 97th General Assembly shall be increased | 6 | | in January of the year following the year he or she attains age | 7 | | 50 by 3% of the original grant of pension for each year he or | 8 | | she received pension payments. In each January thereafter, the | 9 | | police officer shall receive an additional increase of 3% of | 10 | | the original pension.
| 11 | | (Source: P.A. 91-939, eff. 2-1-01.)
| 12 | | Section 90. The State Mandates Act is amended by adding | 13 | | Section 8.35 as follows: | 14 | | (30 ILCS 805/8.35 new) | 15 | | Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8 | 16 | | of this Act, no reimbursement by the State is required for the | 17 | | implementation of any mandate created by this amendatory Act of | 18 | | the 97th General Assembly.
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law. |
|