Full Text of HB1191 96th General Assembly
HB1191 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1191
Introduced 2/11/2009, by Rep. Joseph M. Lyons SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/6-164 | from Ch. 108 1/2, par. 6-164 |
30 ILCS 805/8.33 new |
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Amends the Chicago Firefighter Article of the Illinois Pension Code. Provides for an annual increase in a retirement annuity at age 55 if the fireman was born before January 1, 1961 (was, before January 1, 1955). Compounds the automatic annual increase in a retirement annuity at age 65. 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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HB1191 |
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LRB096 08597 AMC 18720 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 6-164 as follows:
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| (40 ILCS 5/6-164)
(from Ch. 108 1/2, par. 6-164)
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| Sec. 6-164. Automatic annual increase; retirement after | 8 |
| September 1, 1959.
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| (a) A fireman qualifying for a minimum annuity who retires | 10 |
| from service
after September 1, 1959 shall, upon either the | 11 |
| first of the month following the
first anniversary of his date | 12 |
| of retirement if he is age 60 (age 55 if born
before January 1, | 13 |
| 1961 1955 ) or over on that anniversary date, or upon
the first | 14 |
| of the month following his attainment of age 60 (age 55 if born
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| before January 1, 1961 1955 ) if that occurs after the first | 16 |
| anniversary
of his retirement date, have his then fixed and | 17 |
| payable monthly annuity
increased by 1 1/2%, and such first | 18 |
| fixed annuity as granted at retirement
increased by an | 19 |
| additional 1 1/2% in January of each year thereafter up to a
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| maximum increase of 30%.
Beginning July 1, 1982 for firemen | 21 |
| born before January 1, 1930, and beginning
January 1, 1990 for | 22 |
| firemen born after December 31, 1929 and before January 1,
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| 1940, and beginning January 1, 1996 for firemen born after |
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HB1191 |
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LRB096 08597 AMC 18720 b |
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| December 31, 1939
but before January 1, 1945, and beginning | 2 |
| January 1, 2004, for firemen born
after December 31, 1944 but | 3 |
| before January 1, 1955, and beginning January 1, 2010 for | 4 |
| firemen born after December 31, 1954 but before January 1, | 5 |
| 1961, such increases shall be
3% and such firemen shall not be | 6 |
| subject to the 30% maximum increase.
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| Any fireman born before January 1, 1945 who qualifies for a | 8 |
| minimum annuity
and retires after September 1, 1967 but has not | 9 |
| received the initial increase
under this subsection before | 10 |
| January 1, 1996 is entitled to receive the initial
increase | 11 |
| under this subsection on (1) January 1, 1996, (2) the first
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| anniversary of the date of retirement, or (3) attainment of age | 13 |
| 55, whichever
occurs last. The changes to this Section made by | 14 |
| this amendatory Act of 1995
apply beginning January 1, 1996 and | 15 |
| apply without regard to whether the fireman
or annuitant | 16 |
| terminated service before the effective date of this amendatory
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| Act of 1995.
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| Any fireman born before January 1, 1955 who qualifies for a | 19 |
| minimum
annuity and retires after September 1, 1967 but has not | 20 |
| received the initial
increase under this subsection before | 21 |
| January 1, 2004 is entitled to receive
the initial increase | 22 |
| under this subsection on (1) January 1, 2004, (2) the
first | 23 |
| anniversary of the date of retirement, or (3) attainment of age | 24 |
| 55,
whichever occurs last. The changes to this Section made by | 25 |
| this amendatory
Act of the 93rd General Assembly apply without | 26 |
| regard to whether the fireman
or annuitant terminated service |
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HB1191 |
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LRB096 08597 AMC 18720 b |
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| before the effective date of this amendatory
Act.
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| Any fireman born before January 1, 1961 who qualifies for a | 3 |
| minimum
annuity and retires after September 1, 1967 but has not | 4 |
| received the initial
increase under this subsection before | 5 |
| January 1, 2010 is entitled to receive
the initial increase | 6 |
| under this subsection on (1) January 1, 2010, (2) the
first | 7 |
| anniversary of the date of retirement, or (3) attainment of age | 8 |
| 55,
whichever occurs last. The changes to this Section made by | 9 |
| this amendatory
Act of the 96th General Assembly apply without | 10 |
| regard to whether the fireman
or annuitant terminated service | 11 |
| before the effective date of this amendatory
Act. | 12 |
| Beginning January 1,
2010, the increases provided under | 13 |
| this subsection (a) for a fireman who is age 65 or older shall | 14 |
| be 3%
of the total amount of annuity payable at the time of the
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| increase, including any previous increases granted under this | 16 |
| Article. | 17 |
| (b) Subsection (a) of this Section is
not applicable to an | 18 |
| employee receiving a term annuity.
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| (c) To help defray the cost of such increases in annuity, | 20 |
| there
shall be deducted, beginning September 1, 1959, from each | 21 |
| payment of salary
to a fireman, 1/8 of 1% of each such salary | 22 |
| payment and an additional 1/8
of 1% beginning on September 1, | 23 |
| 1961, and September 1, 1963, respectively,
concurrently with | 24 |
| and in addition to the salary deductions otherwise made
for | 25 |
| annuity purposes.
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| Each such additional 1/8 of 1% deduction from salary which |
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HB1191 |
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LRB096 08597 AMC 18720 b |
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| shall, on
September 1, 1963, result in a total increase of 3/8 | 2 |
| of 1% of salary,
shall be credited to the Automatic Increase | 3 |
| Reserve, to be used,
together with city contributions as | 4 |
| provided in this Article, to defray
the cost of the 1 1/2% | 5 |
| annuity increments herein specified. Any balance
in such | 6 |
| reserve as of the beginning of each calendar year shall be
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| credited with interest at the rate of 3% per annum.
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| The salary deductions provided in this Section are not | 9 |
| subject to
refund, except to the fireman himself, in any case | 10 |
| in which a fireman
withdraws prior to qualification for minimum | 11 |
| annuity and applies for
refund, or applies for annuity, and | 12 |
| also where a term annuity becomes
payable. In such cases, the | 13 |
| total of such salary deductions shall be
refunded to the | 14 |
| fireman, without interest, and charged to the
aforementioned | 15 |
| reserve.
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| (Source: P.A. 93-654, eff. 1-16-04.)
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| Section 90. The State Mandates Act is amended by adding | 18 |
| Section 8.33 as follows: | 19 |
| (30 ILCS 805/8.33 new) | 20 |
| Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | 21 |
| of this Act, no reimbursement by the State is required for the | 22 |
| implementation of any mandate created by this amendatory Act of | 23 |
| the 96th General Assembly.
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| Section 99. Effective date. This Act takes effect upon |
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HB1191 |
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LRB096 08597 AMC 18720 b |
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| becoming law.
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