Full Text of HB1817 095th General Assembly
HB1817 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1817
Introduced 2/23/2007, by Rep. Michael P. McAuliffe - Kevin Joyce - Angelo Saviano SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/6-128.4 |
from Ch. 108 1/2, par. 6-128.4 |
40 ILCS 5/6-141.1 |
from Ch. 108 1/2, par. 6-141.1 |
40 ILCS 5/6-167 |
from Ch. 108 1/2, par. 6-167 |
30 ILCS 805/8.31 new |
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Amends the Chicago Firefighter Article of the Illinois Pension Code. Increases the minimum surviving spouse annuity to 100% of the retirement annuity to which the deceased firefighter was entitled at the time of death. Increases the required contribution for widow's annuity by 0.5% 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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HB1817 |
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LRB095 09105 AMC 29298 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 |
| Sections 6-128.4, 6-141.1, and 6-167 as follows:
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| (40 ILCS 5/6-128.4)
(from Ch. 108 1/2, par. 6-128.4)
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| Sec. 6-128.4. Minimum widow's annuities.
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| (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 fireman is in service on or | 13 |
| after
the effective date of this amendatory Act of 1995.
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| (b) Notwithstanding Section 6-128.3, beginning January 1, | 15 |
| 1994, the
minimum widow's annuity under this Article shall be | 16 |
| $700 per month for (1) all
persons receiving widow's annuities | 17 |
| on that date who are survivors of employees
who retired at age | 18 |
| 50 or over with at least 20 years of service, and (2)
persons | 19 |
| who become eligible for widow's annuities and are survivors of
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| employees who retired at age 50 or over with at least 20 years | 21 |
| of service.
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| (c) Notwithstanding Section 6-128.3, beginning January 1, | 23 |
| 1999, the
minimum widow's annuity under this Article shall be |
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HB1817 |
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LRB095 09105 AMC 29298 b |
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| $800 per month for (1) all
persons receiving widow's annuities | 2 |
| on that date who are survivors of employees
who retired at age | 3 |
| 50 or over with at least 20 years of service, and (2)
persons | 4 |
| who become eligible for widow's annuities and are survivors of
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| employees who retired at age 50 or over with at least 20 years | 6 |
| of service.
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| (d) Notwithstanding Section 6-128.3, beginning January 1, | 8 |
| 2004, the
minimum widow's annuity under this Article shall be | 9 |
| $900 per month for all
persons receiving widow's annuities on | 10 |
| or after that date, without regard to
whether the deceased | 11 |
| fireman is in service on or after the effective date of
this | 12 |
| amendatory Act of the 93rd General Assembly.
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| (e) Notwithstanding Section 6-128.3, beginning January 1, | 14 |
| 2005, the
minimum widow's annuity under this Article shall be | 15 |
| $1,000 per month for all
persons receiving widow's annuities on | 16 |
| or after that date, without regard to
whether the deceased | 17 |
| fireman is in service on or after the effective date of
this | 18 |
| amendatory Act of the 93rd General Assembly.
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| (f) Notwithstanding any other provision of this Article, | 20 |
| beginning
January 1, 2008, the minimum amount of widow's | 21 |
| annuity payable to any person
who is entitled to receive a | 22 |
| widow's annuity under this Article is 100% of the amount of | 23 |
| retirement annuity that the deceased fireman was receiving on | 24 |
| the date of death (or would have been
eligible to receive if he | 25 |
| had retired from service on the day before his death), | 26 |
| including any increases that had accrued under Section 6-164 or |
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HB1817 |
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LRB095 09105 AMC 29298 b |
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| 6-164.1. The changes to this Section made by this amendatory | 2 |
| Act of the 95th General Assembly apply without regard to | 3 |
| whether the deceased fireman is in service on or after
the | 4 |
| effective date of this amendatory Act of the 95th General | 5 |
| Assembly.
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| (Source: P.A. 93-654, eff. 1-16-04.)
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| (40 ILCS 5/6-141.1) (from Ch. 108 1/2, par. 6-141.1)
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| Sec. 6-141.1. Widow's annuity; death after June 30, 1984.
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| (a) Notwithstanding the other provisions of this Article,
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| the widow of a fireman who dies on or after June 30, 1984, | 11 |
| while receiving
a retirement annuity or while an active fireman | 12 |
| with at least 1 1/2 years
of creditable service, may elect to | 13 |
| have the amount of widow's annuity calculated in
accordance | 14 |
| with this Section.
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| (b) If the deceased fireman was an active fireman at the | 16 |
| time of his death
and had at least 1 1/2 years of creditable | 17 |
| service, the widow's annuity
shall be the greater of (1) 30% of | 18 |
| the salary attached to the rank of
first class firefighter
in | 19 |
| the classified career service at the time of the fireman's | 20 |
| death, or
(2) 100%
50% of the retirement annuity that the | 21 |
| deceased fireman would have been
eligible to receive if he had | 22 |
| retired from service on the day before his death.
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| (c) If the deceased fireman was receiving a retirement | 24 |
| annuity at the
time of his death, the widow's annuity shall be | 25 |
| equal to 100%
50% of the amount
of such retirement annuity at |
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HB1817 |
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LRB095 09105 AMC 29298 b |
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| the time of the fireman's death , including any increases that | 2 |
| had accrued under Section 6-164 or 6-164.1. The changes to this | 3 |
| Section made by this amendatory Act of the 95th General | 4 |
| Assembly apply without regard to
whether the deceased fireman | 5 |
| is in service on or after the effective date of
this amendatory | 6 |
| Act of the 95th General Assembly .
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| (Source: P.A. 84-11.)
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| (40 ILCS 5/6-167) (from Ch. 108 1/2, par. 6-167)
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| Sec. 6-167. Contributions for widow's annuity. Until | 10 |
| January 1, 2008, 1.5% of salary and beginning January 1, 2008, | 11 |
| 2.0% of salary
Beginning on the effective date and prior to | 12 |
| September 1, 1957,
1% of each payment of salary of not more | 13 |
| than $3,000 of each employee and
beginning September 1, 1957, | 14 |
| 1% of each payment of salary of not more than
$6,000 of each | 15 |
| present employee and future entrant shall be deducted and
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| contributed to the fund for widow's annuity. After September 1, | 17 |
| 1967
and prior to January 1, 1976,
1%,
and beginning January 1, | 18 |
| 1976, 1 1/2%
of salary without limitation shall be deducted | 19 |
| from the pay of each
present employee and future entrant and | 20 |
| contributed to the fund for widow's
annuity. The deduction | 21 |
| shall be made at the time the payments of salary are
payable | 22 |
| and shall continue during the service of the employee. | 23 |
| Concurrently with each contribution, the city shall | 24 |
| contribute 2% of
each payment of salary.
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| Each contribution by the employee and the city shall be |
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| allocated to the
accounts of and credited to the employee for | 2 |
| widow's annuity.
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| (Source: P.A. 79-633.)
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| Section 90. The State Mandates Act is amended by adding | 5 |
| Section 8.31 as follows: | 6 |
| (30 ILCS 805/8.31 new) | 7 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 8 |
| of this Act, no reimbursement by the State is required for the | 9 |
| implementation of any mandate created by this amendatory Act of | 10 |
| the 95th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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