Full Text of HB0696 94th General Assembly
HB0696 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0696
Introduced 02/01/05, by Rep. Joseph M. Lyons SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/6-128 |
from Ch. 108 1/2, par. 6-128 |
40 ILCS 5/6-140 |
from Ch. 108 1/2, par. 6-140 |
40 ILCS 5/6-144 |
from Ch. 108 1/2, par. 6-144 |
40 ILCS 5/6-151 |
from Ch. 108 1/2, par. 6-151 |
30 ILCS 805/8.29 new |
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Amends the Chicago Firefighter Article of the Illinois Pension Code to
increase the maximum retirement annuity, duty disability benefit, and duty
death benefit from 75% to 80% of salary. Also makes technical changes.
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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HB0696 |
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LRB094 05967 EFG 36023 b |
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| AN ACT in relation to public employee benefits.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 6-128,
6-140, 6-144, and 6-151 as follows:
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| (40 ILCS 5/6-128)
(from Ch. 108 1/2, par. 6-128)
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| Sec. 6-128. Alternative annuity for future entrants. | 8 |
| (a) A future entrant who withdraws on or after July 21, | 9 |
| 1959,
after completing at least 23 years of service, and for | 10 |
| whom the annuity
otherwise provided in this Article is less | 11 |
| than that stated in this
Section, has a right to receive | 12 |
| annuity as follows:
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| If he is age 53 or more on withdrawal, his annuity after | 14 |
| withdrawal,
shall be equal to 50% of his average salary.
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| An employee who reaches compulsory retirement age and who | 16 |
| has less
than 23 years of service shall be entitled to a | 17 |
| minimum annuity equal to
an amount determined by the product of | 18 |
| (1) his years of service and (2)
2% of his average salary.
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| An employee who remains in service after qualifying for | 20 |
| annuity under this
Section shall have added to this annuity an | 21 |
| additional 1% of average salary
for each completed year of | 22 |
| service or fraction thereof rendered until July 21,
1959, and | 23 |
| an additional 1% for a total of 2% of average salary from July
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| 21, 1959. Each future entrant who has completed 23 years of | 25 |
| service before
reaching age 53 shall have added to this annuity | 26 |
| 1% of average salary for
each completed year of service or | 27 |
| fraction thereof in excess of 23 years up to
age 53.
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| (b) In lieu of the annuity provided in the foregoing | 29 |
| provisions of this
Section any future entrant who withdraws | 30 |
| from the service either (i) after
December 31, 1983 with at | 31 |
| least 22 years of service credit and having
attained age 52 in | 32 |
| the service, or (ii) after December 31, 1984 with at
least 21 |
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HB0696 |
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LRB094 05967 EFG 36023 b |
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| years of service credit and having attained age 51 in the | 2 |
| service,
or (iii) after December 31, 1985 with at least 20 | 3 |
| years of service credit
and having attained age 50 in the | 4 |
| service, or (iv) after December 31,
1990 with at least 20 years | 5 |
| of service regardless of age, may elect to
receive an annuity, | 6 |
| to begin not earlier than upon attainment of age 50
if under | 7 |
| that age at withdrawal, computed as follows: an annuity equal
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| to 50% of average salary, plus additional annuity equal to 2% | 9 |
| of
average salary for each completed year of service or | 10 |
| fraction thereof
rendered after his completion of the minimum | 11 |
| number of years of service
required for him to be eligible | 12 |
| under this subsection (b). However, the
annuity provided under | 13 |
| this subsection (b) may not exceed 75% of
average salary.
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| (c) In lieu of the annuity provided in any other provision | 15 |
| of this
Section, a future entrant who withdraws from service | 16 |
| after
the effective date of this amendatory Act of the 93rd | 17 |
| General Assembly
with at least 20 years of service may elect to | 18 |
| receive an annuity, to begin no
earlier than upon attainment of | 19 |
| age 50 if under that age at withdrawal, equal
to 50% of average | 20 |
| salary plus 2.5% of average salary for each completed year of
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| service or fraction thereof over 20, but not to exceed 80%
75%
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| of average salary (75% if the last day of service is before the
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| effective date of this amendatory Act of the 94th General | 24 |
| Assembly) .
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| (d) For the purpose of this Section, "average salary" means | 26 |
| the average
of the highest 4 consecutive years of salary within | 27 |
| the last 10 years of
service.
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| (Source: P.A. 93-654, eff. 1-16-04.)
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| (40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
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| Sec. 6-140. Death in the line of duty.
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| (a) The annuity for the widow of a fireman whose death | 32 |
| results from
the performance of an act or acts of duty shall be | 33 |
| an amount equal to the
following specified percentage
50% of
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| the current annual salary attached to the classified position | 35 |
| to which the
fireman was certified at the time of his death : |
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| 50% until January 1, 1973; 75%
and 75% thereof after
December | 2 |
| 31, 1972 and until the effective date of this amendatory Act of
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| the 94th General Assembly; and 80% on and after that effective | 4 |
| date .
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| Unless the performance of an act or acts of duty results | 6 |
| directly in the
death of the fireman, or prevents him from | 7 |
| subsequently resuming active
service in the fire department, | 8 |
| the annuity herein provided shall not be
paid; nor shall such | 9 |
| annuities be paid unless the widow was the wife of the
fireman | 10 |
| at the time of the act or acts of duty which resulted in his | 11 |
| death.
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| (b) The changes made to this Section by Public Act 92-50
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| this amendatory Act of the 92nd
General Assembly apply without | 14 |
| regard to whether the deceased fireman was in
service on or | 15 |
| after the effective date of that
this amendatory Act. In the | 16 |
| case of
a widow receiving an annuity under this Section that | 17 |
| has been reduced to 40%
of current salary because the fireman, | 18 |
| had he lived, would have attained the
age prescribed for | 19 |
| compulsory retirement, the annuity shall be restored to the
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| amount provided in subsection (a), with the increase beginning | 21 |
| to accrue on
the later of January 1, 2001 or the day the | 22 |
| annuity first became payable.
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| The changes made to this Section by this amendatory Act of | 24 |
| the 94th General
Assembly apply without regard to whether the | 25 |
| deceased fireman was in service on
or after the effective date | 26 |
| of this amendatory Act.
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| (Source: P.A. 92-50, eff. 7-12-01.)
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| (40 ILCS 5/6-144) (from Ch. 108 1/2, par. 6-144)
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| Sec. 6-144. Maximum annuity to fireman. No annuity in | 30 |
| excess of 80%
75% of the highest salary
received by the fireman | 31 |
| concerned (75% if the last day of service is before the | 32 |
| effective date of this
amendatory Act of the 94th General | 33 |
| Assembly) shall be granted or paid to him , except
to the extent | 34 |
| that the annuity may exceed that amount
such 75% under
the | 35 |
| provisions of Section 6-164 of this Article.
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| (Source: P.A. 77-1353.)
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| (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
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| Sec. 6-151. Duty disability.
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| (a) An active fireman who is or becomes disabled on or | 5 |
| after the
effective date as the result of a specific injury, or | 6 |
| of cumulative injuries,
or of specific sickness incurred in or | 7 |
| resulting from an act or acts of duty,
shall have the right to | 8 |
| receive duty disability benefit during any period of
such | 9 |
| disability for which he does not receive or have a right to | 10 |
| receive
salary, equal to 80%
75% of his salary at the time the | 11 |
| disability is
allowed (75% if the disability is allowed before | 12 |
| the effective date of this
amendatory Act of the 94th General | 13 |
| Assembly) .
However, beginning January 1, 1994, no duty | 14 |
| disability benefit that has been
payable under this Section for | 15 |
| at least 10 years shall be less than 50% of the
current salary | 16 |
| attached from time to time to the rank and grade held by the
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| fireman at the time of his removal from the Department payroll, | 18 |
| regardless of
whether that removal occurred before the | 19 |
| effective date of this amendatory Act
of 1993.
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| (b) Whenever an active fireman is or becomes so injured or | 21 |
| sick, as to
require medical or hospital attention, the chief | 22 |
| officer of the fire department
of the city shall file, or cause | 23 |
| to be filed, with the board a report of the
nature and cause of | 24 |
| his disability, together with the certificate or report of
the | 25 |
| physician attending or treating, or who attended or treated the | 26 |
| fireman,
and a copy of any hospital record concerning the | 27 |
| disability. Any injury or
sickness not reported to the board in | 28 |
| time to permit the board's physician to
examine the fireman | 29 |
| before his recovery, and any injury or sickness for which a
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| physician's report or copy of the hospital record is not on | 31 |
| file with the board
shall not be considered for the payment of | 32 |
| duty disability benefit.
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| (c) Such fireman shall also receive a child's disability | 34 |
| benefit of
$30 per month on account of each unmarried child, | 35 |
| the issue of the fireman or
legally adopted by him prior to the |
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| date of disability, who is less than 18
years of age or | 2 |
| handicapped and dependent upon the fireman for support. The
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| total amount of child's disability benefit shall not exceed 25% | 4 |
| of his salary
at the time the disability is allowed.
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| (d) The first payment of duty disability or child's | 6 |
| disability benefit
shall be made not later than one month after | 7 |
| the benefit is granted. Each
subsequent payment shall be made | 8 |
| not later than one month after the date of
the latest payment.
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| Duty disability benefit shall be payable during the period | 10 |
| of the disability
until the fireman reaches the age of | 11 |
| compulsory retirement. Child's disability
benefit shall be | 12 |
| paid to such a fireman during the period of disability until
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| such child or children attain age 18 or marries, whichever | 14 |
| event occurs first;
except that attainment of age 18 by a child | 15 |
| who is so physically or mentally
handicapped as to be dependent | 16 |
| upon the fireman for support, shall not render
the child | 17 |
| ineligible for child's disability benefit. The fireman shall
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| thereafter receive such annuity or annuities as are provided | 19 |
| for him in
accordance with other provisions of this Article.
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| (Source: P.A. 88-528.)
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| Section 90. The State Mandates Act is amended by adding | 22 |
| 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 | 25 |
| of this
Act, no reimbursement by the State is required for the | 26 |
| implementation of
any mandate created by this amendatory Act of | 27 |
| the 94th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 29 |
| becoming law. |
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