Full Text of SB2350 99th General Assembly
SB2350 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2350 Introduced 1/28/2016, by Sen. John G. Mulroe SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/6-128.2 | from Ch. 108 1/2, par. 6-128.2 | 40 ILCS 5/6-128.4 | from Ch. 108 1/2, par. 6-128.4 | 40 ILCS 5/6-164 | from Ch. 108 1/2, par. 6-164 | 30 ILCS 805/8.40 new | |
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Amends the Chicago Firefighter Article of the Illinois Pension Code. Provides that any fireman born after December 31, 1954 but before January 1, 1966 shall be entitled to receive 3% automatic annual increases to his or her annuity. Provides that the automatic annual increase is not subject to the 30% maximum. Provides that the initial increase shall be in an amount equal to 3% for each complete year following the date of retirement or attainment of age 55, whichever occurs later. Provides that beginning January 1, 2017, the minimum widow's annuity and minimum retirement annuity payable to any person who has retired from service at age 50 or over with 20 or more years of service and is entitled to receive a retirement annuity under this Article on that date, or who retires from service at age 50 or over with 20 or more years of service after that date, shall be no less than 125% of the Federal Poverty Level. 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 |
| | A BILL FOR |
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| 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 | | Sections 6-128.2, 6-128.4, and 6-164 as follows:
| 6 | | (40 ILCS 5/6-128.2)
(from Ch. 108 1/2, par. 6-128.2)
| 7 | | Sec. 6-128.2. Minimum retirement annuities.
| 8 | | (a) Beginning with the monthly payment due in January, | 9 | | 1988, the monthly
annuity payment for any person who is | 10 | | entitled to receive a retirement
annuity under this Article in | 11 | | January, 1990 and has retired from service at
age 50 or over | 12 | | with 20 or more years of service, and for any person who
| 13 | | retires from service on or after January 24, 1990 at age 50 or | 14 | | over
with 20 or more years of service, shall not be less than | 15 | | $475 per month.
The $475 minimum annuity is exclusive of any | 16 | | automatic annual increases
provided by Sections 6-164 and | 17 | | 6-164.1, but not exclusive of previous
raises in the minimum | 18 | | annuity as provided by any Section of this Article.
| 19 | | Beginning January 1, 1992, the minimum retirement annuity | 20 | | payable to
any person who has retired from service at age 50 or | 21 | | over with 20 or more
years of service and is entitled to | 22 | | receive a retirement annuity under this
Article on that date, | 23 | | or who retires from service at age 50 or over with 20
or more |
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| 1 | | years of service after that date, shall be $650 per month.
| 2 | | Beginning January 1, 1993, the minimum retirement annuity | 3 | | payable to
any person who has retired from service at age 50 or | 4 | | over with 20 or more
years of service and is entitled to | 5 | | receive a retirement annuity under this
Article on that date, | 6 | | or who retires from service at age 50 or over with 20
or more | 7 | | years of service after that date, shall be $750 per month.
| 8 | | Beginning January 1, 1994, the minimum retirement annuity | 9 | | payable to
any person who has retired from service at age 50 or | 10 | | over with 20 or more
years of service and is entitled to | 11 | | receive a retirement annuity under this
Article on that date, | 12 | | or who retires from service at age 50 or over with 20
or more | 13 | | years of service after that date, shall be $850 per month.
| 14 | | Beginning January 1, 2004, the minimum retirement annuity | 15 | | payable to any
person who has retired from service at age 50 or | 16 | | over with 20 or more years of
service and is entitled to | 17 | | receive a retirement annuity under this Article on
that date, | 18 | | or who retires from service at age 50 or over with 20 or more | 19 | | years
of service after that date, shall be $950 per month.
| 20 | | Beginning January 1, 2005, the minimum retirement annuity | 21 | | payable to any
person who has retired from service at age 50 or | 22 | | over with 20 or more years of
service and is entitled to | 23 | | receive a retirement annuity under this Article on
that date, | 24 | | or who retires from service at age 50 or over with 20 or more | 25 | | years
of service after that date, shall be $1,050 per month.
| 26 | | Beginning January 1, 2017, the minimum retirement annuity |
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| 1 | | payable to any person who has retired from service at age 50 or | 2 | | over with 20 or more years of service and is entitled to | 3 | | receive a retirement annuity under this Article on that date, | 4 | | or who retires from service at age 50 or over with 20 or more | 5 | | years of service after that date, shall be no less than 125% of | 6 | | the Federal Poverty Level. For purposes of this Section, the | 7 | | "Federal Poverty Level" shall be determined pursuant to the | 8 | | poverty guidelines updated periodically in the Federal | 9 | | Register by the United States Department of Health and Human | 10 | | Services under the authority of 42 U.S.C. 9902(2). | 11 | | The minimum annuities established by this subsection (a) do | 12 | | include
previous raises in the minimum annuity as provided by | 13 | | any Section of this
Article, but do not include any sums which | 14 | | have been added or will be added
to annuity payments by the | 15 | | automatic annual increases provided by Sections
6-164 and | 16 | | 6-164.1. Such annual increases shall be paid in addition to the
| 17 | | minimum amounts specified in this subsection.
| 18 | | (b) Notwithstanding any other provision of this Article, | 19 | | beginning
January 1, 1990, the minimum retirement annuity | 20 | | payable to any person who
is entitled to receive a retirement | 21 | | annuity under this Article on that date
shall be $475 per | 22 | | month.
| 23 | | (c) The changes made to this Section by this amendatory Act | 24 | | of the
93rd General Assembly apply to all persons receiving a | 25 | | retirement
annuity under this Article, without regard to | 26 | | whether the retirement of the
fireman occurred prior to the |
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| 1 | | effective date of this amendatory Act.
| 2 | | For the purposes of Section 1-103.1, the changes made to | 3 | | this Section by this amendatory Act of the
99th General | 4 | | Assembly apply without regard to whether the retirement of the
| 5 | | fireman occurred prior to the effective date of this amendatory | 6 | | Act. | 7 | | (Source: P.A. 93-654, eff. 1-16-04.)
| 8 | | (40 ILCS 5/6-128.4)
(from Ch. 108 1/2, par. 6-128.4)
| 9 | | Sec. 6-128.4. Minimum widow's annuities.
| 10 | | (a) Notwithstanding any other provision of this Article, | 11 | | beginning
January 1, 1996, the minimum amount of widow's | 12 | | annuity payable to any person
who is entitled to receive a | 13 | | widow's annuity under this Article is $700 per
month, without | 14 | | regard to whether the deceased fireman is in service on or | 15 | | after
the effective date of this amendatory Act of 1995.
| 16 | | (b) Notwithstanding Section 6-128.3, beginning January 1, | 17 | | 1994, the
minimum widow's annuity under this Article shall be | 18 | | $700 per month for (1) all
persons receiving widow's annuities | 19 | | on that date who are survivors of employees
who retired at age | 20 | | 50 or over with at least 20 years of service, and (2)
persons | 21 | | who become eligible for widow's annuities and are survivors of
| 22 | | employees who retired at age 50 or over with at least 20 years | 23 | | of service.
| 24 | | (c) Notwithstanding Section 6-128.3, beginning January 1, | 25 | | 1999, the
minimum widow's annuity under this Article shall be |
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| 1 | | $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
| 5 | | employees who retired at age 50 or over with at least 20 years | 6 | | of service.
| 7 | | (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.
| 13 | | (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.
| 19 | | (f) Notwithstanding Section 6-128.3, beginning January 1, | 20 | | 2017, the minimum widow's annuity under this Article shall be | 21 | | no less than 125% of the Federal Poverty Level for all persons | 22 | | receiving widow's annuities on or after that date, without | 23 | | regard to whether the deceased fireman is in service on or | 24 | | after the effective date of this amendatory Act of the 99th | 25 | | General Assembly. For purposes of this Section, the "Federal | 26 | | Poverty Level" shall be determined pursuant to the poverty |
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| 1 | | guideline updated periodically in the Federal Register by the | 2 | | United States Department of Health and Human Services under the | 3 | | authority of 42 U.S.C. 9902(2). | 4 | | (Source: P.A. 93-654, eff. 1-16-04.)
| 5 | | (40 ILCS 5/6-164)
(from Ch. 108 1/2, par. 6-164)
| 6 | | Sec. 6-164. Automatic annual increase; retirement after | 7 | | September 1, 1959.
| 8 | | (a) A fireman qualifying for a minimum annuity who retires | 9 | | from service
after September 1, 1959 shall, upon either the | 10 | | first of the month following the
first anniversary of his date | 11 | | of retirement if he is age 60 (age 55 if born
before January 1, | 12 | | 1966 1955 ) or over on that anniversary date, or upon
the first | 13 | | of the month following his attainment of age 60 (age 55 if born
| 14 | | before January 1, 1966 1955 ) if that occurs after the first | 15 | | anniversary
of his retirement date, have his then fixed and | 16 | | payable monthly annuity
increased by 1 1/2%, and such first | 17 | | fixed annuity as granted at retirement
increased by an | 18 | | additional 1 1/2% in January of each year thereafter up to a
| 19 | | maximum increase of 30%.
Beginning July 1, 1982 for firemen | 20 | | born before January 1, 1930, and beginning
January 1, 1990 for | 21 | | firemen born after December 31, 1929 and before January 1,
| 22 | | 1940, and beginning January 1, 1996 for firemen born after | 23 | | December 31, 1939
but before January 1, 1945, and beginning | 24 | | January 1, 2004, for firemen born
after December 31, 1944 but | 25 | | before January 1, 1955, and beginning January 1, 2017, for |
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| 1 | | firemen born after December 31, 1954 but before January 1, | 2 | | 1966, such increases shall be
3% and such firemen shall not be | 3 | | subject to the 30% maximum increase.
| 4 | | Any fireman born before January 1, 1945 who qualifies for a | 5 | | minimum annuity
and retires after September 1, 1967 but has not | 6 | | received the initial increase
under this subsection before | 7 | | January 1, 1996 is entitled to receive the initial
increase | 8 | | under this subsection on (1) January 1, 1996, (2) the first
| 9 | | anniversary of the date of retirement, or (3) attainment of age | 10 | | 55, whichever
occurs last. The changes to this Section made by | 11 | | this amendatory Act of 1995
apply beginning January 1, 1996 and | 12 | | apply without regard to whether the fireman
or annuitant | 13 | | terminated service before the effective date of this amendatory
| 14 | | Act of 1995.
| 15 | | Any fireman born before January 1, 1955 who qualifies for a | 16 | | minimum
annuity and retires after September 1, 1967 but has not | 17 | | received the initial
increase under this subsection before | 18 | | January 1, 2004 is entitled to receive
the initial increase | 19 | | under this subsection on (1) January 1, 2004, (2) the
first | 20 | | anniversary of the date of retirement, or (3) attainment of age | 21 | | 55,
whichever occurs last. The changes to this Section made by | 22 | | this amendatory
Act of the 93rd General Assembly apply without | 23 | | regard to whether the fireman
or annuitant terminated service | 24 | | before the effective date of this amendatory
Act.
| 25 | | Any fireman born before January 1, 1966 who qualifies for
a | 26 | | minimum annuity and retires after
September 1, 1967 but has not |
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| 1 | | received the initial increase
under this subsection before | 2 | | January 1, 2017 is entitled to
receive an initial increase | 3 | | under this subsection on (1)
January 1, 2017, (2) the first | 4 | | anniversary of the date of
retirement, or (3) attainment of age | 5 | | 55, whichever occurs last, in an amount equal to 3% for each | 6 | | complete year following the date of retirement or attainment of | 7 | | age 55, whichever occurs later. The changes to this Section | 8 | | made by this amendatory
Act of the 99th General Assembly apply | 9 | | without regard to whether the fireman
or annuitant terminated | 10 | | service before the effective date of this amendatory
Act. | 11 | | (b) Subsection (a) of this Section is
not applicable to an | 12 | | employee receiving a term annuity.
| 13 | | (c) To help defray the cost of such increases in annuity, | 14 | | there
shall be deducted, beginning September 1, 1959, from each | 15 | | payment of salary
to a fireman, 1/8 of 1% of each such salary | 16 | | payment and an additional 1/8
of 1% beginning on September 1, | 17 | | 1961, and September 1, 1963, respectively,
concurrently with | 18 | | and in addition to the salary deductions otherwise made
for | 19 | | annuity purposes.
| 20 | | Each such additional 1/8 of 1% deduction from salary which | 21 | | shall, on
September 1, 1963, result in a total increase of 3/8 | 22 | | of 1% of salary,
shall be credited to the Automatic Increase | 23 | | Reserve, to be used,
together with city contributions as | 24 | | provided in this Article, to defray
the cost of the 1 1/2% | 25 | | annuity increments herein specified. Any balance
in such | 26 | | reserve as of the beginning of each calendar year shall be
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| 1 | | credited with interest at the rate of 3% per annum.
| 2 | | The salary deductions provided in this Section are not | 3 | | subject to
refund, except to the fireman himself, in any case | 4 | | in which a fireman
withdraws prior to qualification for minimum | 5 | | annuity and applies for
refund, or applies for annuity, and | 6 | | also where a term annuity becomes
payable. In such cases, the | 7 | | total of such salary deductions shall be
refunded to the | 8 | | fireman, without interest, and charged to the
aforementioned | 9 | | reserve.
| 10 | | (d) Notwithstanding any other provision of this Article, | 11 | | the monthly annuity of a
person who first becomes a fireman | 12 | | under this Article on or after January 1, 2011 shall be | 13 | | increased on the January 1 occurring either on or after the | 14 | | attainment of age 60 or the first anniversary of the annuity | 15 | | start date, whichever is later. Each annual increase shall be | 16 | | calculated at 3% or one-half the annual unadjusted percentage | 17 | | increase (but not less than zero) in the consumer price index-u | 18 | | for the 12 months ending with the September preceding each | 19 | | November 1, whichever is less, of the originally granted | 20 | | retirement annuity. If the annual unadjusted percentage change | 21 | | in the consumer price index-u for a 12-month period ending in | 22 | | September is zero or, when compared with the preceding period, | 23 | | decreases, then the annuity shall not be increased. | 24 | | For the purposes of this subsection (d), "consumer price | 25 | | index-u" means the index published by the Bureau of Labor | 26 | | Statistics of the United States Department of Labor that |
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| 1 | | measures the average change in prices of goods and services | 2 | | purchased by all urban consumers, United States city average, | 3 | | all items, 1982-84 = 100. The new amount resulting from each | 4 | | annual adjustment shall be determined by the Public Pension | 5 | | Division of the Department of Insurance and made available to | 6 | | the boards of the pension funds. | 7 | | (Source: P.A. 96-1495, eff. 1-1-11.)
| 8 | | Section 90. The State Mandates Act is amended by adding | 9 | | Section 8.40 as follows: | 10 | | (30 ILCS 805/8.40 new) | 11 | | Sec. 8.40. Exempt mandate. Notwithstanding Sections 6 and 8 | 12 | | of this Act, no reimbursement by the State is required for the | 13 | | implementation of any mandate created by this amendatory Act of | 14 | | the 99th General Assembly.
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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