Full Text of HB2995 097th General Assembly
HB2995 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2995 Introduced 2/23/2011, by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/11-134 | from Ch. 108 1/2, par. 11-134 | 40 ILCS 5/11-145.1 | from Ch. 108 1/2, par. 11-145.1 | 30 ILCS 805/8.35 new | |
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Amends the Chicago Laborers Article of the Illinois Pension Code. Increases the minimum employee's annuity from $850 to $1,050 for employees who were members before January 1, 2011. Increases the minimum widow's from $800 to $1,000 for widows of employees who were members before January 1, 2011. 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 11-134 and 11-145.1 as follows:
| 6 | | (40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
| 7 | | Sec. 11-134. Minimum annuities.
| 8 | | (a) An employee whose withdrawal occurs after July 1, 1957 | 9 | | at age 60 or
over, with 20 or more years of service, (as | 10 | | service is defined or computed
in Section 11-216), for whom the | 11 | | age and service and prior service annuity
combined is less than | 12 | | the amount stated in this Section, shall, from and
after the | 13 | | date of withdrawal, in lieu of all annuities otherwise provided
| 14 | | in this Article, be entitled to receive an annuity for life of | 15 | | an amount
equal to 1 2/3% for each year of service, of the | 16 | | highest average annual
salary for any 5 consecutive years | 17 | | within the last 10 years of service
immediately preceding the | 18 | | date of withdrawal; provided, that in the case of
any employee | 19 | | who withdraws on or after July 1, 1971, such employee age 60
or | 20 | | over with 20 or more years of service, shall be entitled to | 21 | | instead
receive an annuity for life equal to 1.67% for each of | 22 | | the first 10 years
of service; 1.90% for each of the next 10 | 23 | | years of service; 2.10% for each
year of service in excess of |
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| 1 | | 20 but not exceeding 30; and 2.30% for each
year of service in | 2 | | excess of 30, based on the highest average annual salary
for | 3 | | any 4 consecutive years within the last 10 years of service | 4 | | immediately
preceding the date of withdrawal.
| 5 | | An employee who withdraws after July 1, 1957 and before | 6 | | January 1,
1988, with 20 or more years of service, before age | 7 | | 60, shall be entitled to
an annuity, to begin not earlier than | 8 | | age 55, if under such age at
withdrawal, as computed in the | 9 | | last preceding paragraph, reduced 0.25% if
the employee was | 10 | | born before January 1, 1936, or 0.5% if the employee was
born | 11 | | on or after January 1, 1936, for each full month or fractional | 12 | | part
thereof that his attained age when such annuity is to | 13 | | begin is less than 60.
| 14 | | Any employee born before January 1, 1936 who withdraws
with | 15 | | 20 or more years of service, and any employee with 20 or more | 16 | | years of
service who withdraws on or after January 1, 1988, may | 17 | | elect to receive, in
lieu of any other employee
annuity | 18 | | provided in this Section, an annuity for life equal to 1.80% | 19 | | for
each of the first 10 years of service, 2.00% for each of | 20 | | the next 10 years
of service, 2.20% for each year of service in | 21 | | excess of 20, but not
exceeding 30, and 2.40% for each year of | 22 | | service in excess of 30,
of the highest average annual salary | 23 | | for any 4
consecutive years within the last 10 years of service | 24 | | immediately preceding
the date of withdrawal, to begin not | 25 | | earlier than upon attained age of 55
years, if under such age | 26 | | at withdrawal, reduced 0.25% for each full month
or fractional |
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| 1 | | part thereof that his attained age when annuity is to begin
is | 2 | | less than 60; except that an employee retiring on or after | 3 | | January 1,
1988, at age 55 or over but less than age 60, having | 4 | | at least 35 years of
service, or an employee retiring on or | 5 | | after July 1, 1990, at age 55
or over but less than age 60, | 6 | | having at least 30 years of service,
or an employee retiring on | 7 | | or after the effective date of this amendatory Act
of 1997, at | 8 | | age 55 or over but less than age 60, having at least 25 years of
| 9 | | service, shall not be subject to the reduction in retirement | 10 | | annuity because
of retirement below age 60.
| 11 | | However, in the case of an employee who retired on or after | 12 | | January 1,
1985 but before January 1, 1988, at age 55 or older | 13 | | and with at least 35
years of service, and who was subject | 14 | | under this subsection (a) to the
reduction in retirement | 15 | | annuity because of retirement below age 60, that
reduction | 16 | | shall cease to be effective January 1, 1991, and the retirement
| 17 | | annuity shall be recalculated accordingly.
| 18 | | Any employee who withdraws on or after July 1, 1990, with | 19 | | 20 or more
years of service, may elect to receive, in lieu of | 20 | | any other employee
annuity provided in this Section, an annuity | 21 | | for life equal to 2.20% for
each year of service if withdrawal | 22 | | is before January 1, 2002, or
2.40% for each year of service if | 23 | | withdrawal is on or after January 1,
2002, of the highest | 24 | | average annual salary for any 4
consecutive years within the | 25 | | last 10 years of service immediately preceding
the date of | 26 | | withdrawal, to begin not earlier than upon attained age of 55
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| 1 | | years, if under such age at withdrawal, reduced 0.25% for each | 2 | | full month
or fractional part thereof that his attained age | 3 | | when annuity is to begin
is less than 60; except that an | 4 | | employee retiring at age 55 or over but
less than age 60, | 5 | | having at least 30 years of service, shall not be subject
to | 6 | | the reduction in retirement annuity because of retirement below | 7 | | age 60.
| 8 | | Any employee who withdraws on or after the effective date | 9 | | of this
amendatory Act of 1997 with 20 or more years of service | 10 | | may elect to receive,
in lieu of any other employee annuity | 11 | | provided in this Section, an annuity for
life equal to 2.20% | 12 | | for each year of service if withdrawal is before
January 1, | 13 | | 2002, or 2.40% for each year of service if withdrawal is
on or
| 14 | | after January 1, 2002, of the
highest average annual
salary for | 15 | | any 4 consecutive years within the last 10 years of service
| 16 | | immediately preceding the date of withdrawal, to begin not | 17 | | earlier than upon
attainment of age 55 (age 50 if the employee | 18 | | has at least 30 years of service),
reduced 0.25% for each full | 19 | | month or remaining fractional part thereof that the
employee's | 20 | | attained age when annuity is to begin is less than 60; except | 21 | | that
an employee retiring at age 50 or over with at least 30 | 22 | | years of service or at
age 55 or over with at least 25 years of | 23 | | service shall not be subject to the
reduction in retirement | 24 | | annuity because of retirement below age 60.
| 25 | | The maximum annuity payable under this paragraph (a) of | 26 | | this Section
shall not exceed 70% of highest average annual |
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| 1 | | salary in the case of an
employee who withdraws prior to July | 2 | | 1, 1971, 75% if withdrawal takes place on
or after July 1, 1971 | 3 | | and prior to January 1, 2002, or 80% if
withdrawal
is on or | 4 | | after January 1, 2002. For the purpose of the
minimum annuity
| 5 | | provided in said paragraphs $1,500 shall be considered the | 6 | | minimum annual
salary for any year; and the maximum annual | 7 | | salary to be considered for the
computation of such annuity | 8 | | shall be $4,800 for any year prior to 1953,
$6,000 for the | 9 | | years 1953 to 1956, inclusive, and the actual annual salary,
as | 10 | | salary is defined in this Article, for any year thereafter.
| 11 | | (b) For an employee receiving disability benefit, his | 12 | | salary for annuity
purposes under this Section shall, for all | 13 | | periods of disability benefit
subsequent to the year 1956, be | 14 | | the amount on which his disability benefit
was based.
| 15 | | (c) An employee with 20 or more years of service, whose | 16 | | entire
disability benefit credit period expires prior to | 17 | | attainment of age 55
while still disabled for service, shall be | 18 | | entitled upon withdrawal to the
larger of (1) the minimum | 19 | | annuity provided above assuming that he is then
age 55, and | 20 | | reducing such annuity to its actuarial equivalent at his
| 21 | | attained age on such date, or (2) the annuity provided from his | 22 | | age and
service and prior service annuity credits.
| 23 | | (d) The minimum annuity provisions as aforesaid shall not | 24 | | apply to any
former employee receiving an annuity from the | 25 | | fund, and who re-enters
service as an employee, unless he | 26 | | renders at least 3 years of additional
service after the date |
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| 1 | | of re-entry.
| 2 | | (e) An employee in service on July 1, 1947, or who became a | 3 | | contributor
after July 1, 1947 and prior to July 1, 1950, or | 4 | | who shall become a
contributor to the fund after July 1, 1950 | 5 | | prior to attainment of age 70,
who withdraws after age 65 with | 6 | | less than 20 years of service, for whom the
annuity has been | 7 | | fixed under the foregoing Sections of this Article shall,
in | 8 | | lieu of the annuity so fixed, receive an annuity as follows:
| 9 | | Such amount as he could have received had the accumulated | 10 | | amounts for
annuity been improved with interest at the | 11 | | effective rate to the date of
his withdrawal, or to attainment | 12 | | of age 70, whichever is earlier, and had
the city contributed | 13 | | to such earlier date for age and service annuity the
amount | 14 | | that would have been contributed had he been under age 65, | 15 | | after the
date his annuity was fixed in accordance with this | 16 | | Article, and assuming
his annuity were computed from such | 17 | | accumulations as of his age on such
earlier date. The annuity | 18 | | so computed shall not exceed the annuity which
would be payable | 19 | | under the other provisions of this Section if the employee
was | 20 | | credited with 20 years of service and would qualify for annuity
| 21 | | thereunder.
| 22 | | (f) In lieu of the annuity provided in this or in any other | 23 | | Section of
this Article, an employee having attained age 65 | 24 | | with at least 15 years of
service who withdraws from service on | 25 | | or after July 1, 1971 and whose
annuity computed under other | 26 | | provisions of this Article is less than the
amount provided |
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| 1 | | under this paragraph shall be entitled to receive a minimum
| 2 | | annual annuity for life equal to 1% of the highest average | 3 | | annual salary
for any 4 consecutive years within the last 10 | 4 | | years of service immediately
preceding retirement for each year | 5 | | of his service plus the sum of $25 for
each year of service. | 6 | | Such annual annuity shall not exceed the maximum
percentages | 7 | | stated under paragraph (a) of this Section of such highest
| 8 | | average annual salary.
| 9 | | (f-1) Instead of any other retirement annuity provided in | 10 | | this Article,
an employee who has at least 10 years of service | 11 | | and withdraws from service
on or after January 1, 1999 may | 12 | | elect to receive a retirement annuity for
life, beginning no | 13 | | earlier than upon attainment of age 60, equal to 2.2%
if | 14 | | withdrawal is before January 1, 2002, or 2.4% for each year of
| 15 | | service if
withdrawal is on or after January 1, 2002, of final
| 16 | | average salary for
each
year of service, subject to a maximum | 17 | | of 75% of final average salary
if withdrawal is before January | 18 | | 1, 2002, or 80% if withdrawal is on
or after
January 1, 2002. | 19 | | For the purpose of calculating this
annuity, "final average
| 20 | | salary" means the highest average annual salary for any 4 | 21 | | consecutive years
in the last 10 years of service.
| 22 | | (g) Any annuity payable under the preceding subsections of | 23 | | this Section
11-134 shall be paid in equal monthly | 24 | | installments.
| 25 | | (h) The amendatory provisions of part (a) and (f) of this | 26 | | Section shall
be effective July 1, 1971 and apply in the case |
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| 1 | | of every qualifying
employee withdrawing on or after July 1, | 2 | | 1971.
| 3 | | (h-1) The changes made to this Section by Public Act 92-609 | 4 | | (increasing the retirement
formula to 2.4% per year of service | 5 | | and increasing the maximum to 80%) apply
to persons who | 6 | | withdraw from service on or after January 1, 2002, regardless
| 7 | | of whether that withdrawal takes place before the effective | 8 | | date of that Act. In the case of a person who withdraws from | 9 | | service
on or after January 1, 2002 but begins to receive a | 10 | | retirement annuity before
July 1, 2002, the annuity
shall be | 11 | | recalculated, with the increase resulting from Public Act | 12 | | 92-609
accruing from the date the retirement annuity
began. The | 13 | | changes made by Public Act 92-609 control over the changes made
| 14 | | by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
| 15 | | (i) The amendatory provisions of this amendatory Act of | 16 | | 1985 relating to
the discount of annuity because of retirement | 17 | | prior to attainment of age 60
and increasing the retirement | 18 | | formula for those born before January 1, 1936,
shall apply only | 19 | | to qualifying employees withdrawing on or after
August 16, | 20 | | 1985.
| 21 | | (j) Beginning on January 1, 1999, the minimum amount of | 22 | | employee's annuity
shall be $850 per month for life for the | 23 | | following classes of employees,
without regard to the fact that | 24 | | withdrawal occurred prior to the effective
date of this | 25 | | amendatory Act of 1998:
| 26 | | (1) any employee annuitant alive and receiving a life |
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| 1 | | annuity on the
effective date of this amendatory Act of | 2 | | 1998, except a reciprocal
annuity;
| 3 | | (2) any employee annuitant alive and receiving a term | 4 | | annuity on the
effective date of this amendatory Act of | 5 | | 1998, except a reciprocal
annuity;
| 6 | | (3) any employee annuitant alive and receiving a | 7 | | reciprocal annuity on
the effective date of this amendatory | 8 | | Act of 1998, whose service
in this fund is at least 5 | 9 | | years;
| 10 | | (4) any employee annuitant withdrawing after age 60 on | 11 | | or after the
effective date of this amendatory Act of 1998, | 12 | | with at least 10
years of service in this fund.
| 13 | | The increases granted under items (1), (2) and (3) of this | 14 | | subsection (j)
shall not be limited by any other Section of | 15 | | this Act.
| 16 | | (k) For employees who were members of the fund on or before | 17 | | January 1, 2011, the minimum amount of employee's annuity
shall | 18 | | be $1,050 per month for life for the following classes of | 19 | | employees,
without regard to the fact that withdrawal occurred | 20 | | prior to the effective
date of this amendatory Act of the 97th | 21 | | General Assembly: | 22 | | (1) any employee annuitant alive and receiving a life | 23 | | annuity on the
effective date of this amendatory Act of the | 24 | | 97th General Assembly, except a reciprocal
annuity; | 25 | | (2) any employee annuitant alive and receiving a term | 26 | | annuity on the
effective date of this amendatory Act of the |
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| 1 | | 97th General Assembly, except a reciprocal
annuity; | 2 | | (3) any employee annuitant alive and receiving a | 3 | | reciprocal annuity on
the effective date of this amendatory | 4 | | Act of the 97th General Assembly, whose service
in this | 5 | | fund is at least 5 years; | 6 | | (4) any employee annuitant withdrawing after age 60 on | 7 | | or after the
effective date of this amendatory Act of the | 8 | | 97th General Assembly, with at least 10
years of service in | 9 | | this fund. | 10 | | The increases granted under items (1), (2), and (3) of this | 11 | | subsection (k)
shall not be limited by any other Section of | 12 | | this Act. | 13 | | The minimum annuity of $1,050 is not eligible for an | 14 | | increase under Section 11-134.1 or Section 11-134.3 on January | 15 | | 1, 2012. | 16 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 17 | | (40 ILCS 5/11-145.1)
(from Ch. 108 1/2, par. 11-145.1)
| 18 | | Sec. 11-145.1. Minimum annuities for widows. The widow | 19 | | otherwise eligible for widow's annuity under other Sections of
| 20 | | this Article 11, of an employee hereinafter described, who | 21 | | retires from
service or dies while in the service subsequent to | 22 | | the effective date of
this amendatory provision, and for which | 23 | | widow the amount of widow's
annuity and widow's prior service | 24 | | annuity combined, fixed or provided for
such widow under other | 25 | | provisions of said Article 11 is less than the
amount |
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| 1 | | hereinafter provided in this section, shall, from and after the | 2 | | date
her otherwise provided annuity would begin, in lieu of | 3 | | such otherwise
provided widow's and widow's prior service | 4 | | annuity, be entitled to the
following indicated amount of | 5 | | annuity:
| 6 | | (a) The widow of any employee who dies while in service on | 7 | | or after the date
on which he attains age 60 if the death | 8 | | occurs before July 1, 1990, or on or
after the date on which he | 9 | | attains age 55 if the death occurs on or after July
1, 1990, | 10 | | with at least 20 years of service, or on or after the date on | 11 | | which
he attains age 50 if the death occurs on or after the | 12 | | effective date of this
amendatory Act of 1997 with at least 30 | 13 | | years of service, shall be entitled
to an annuity equal to | 14 | | one-half of the amount of annuity which her deceased
husband | 15 | | would have been entitled to receive had he withdrawn from the | 16 | | service
on the day immediately preceding the date of his death, | 17 | | conditional upon such
widow having attained age 60 on or before | 18 | | such date if the death occurs before
July 1, 1990, or age 55 if | 19 | | the death occurs on or after July 1, 1990, or age
50 if the | 20 | | death occurs on or after January 1, 1998 and the employee is | 21 | | age 50
or over with at least 30 years of service or age 55 or | 22 | | over with at least 25
years of service. Except
as provided in | 23 | | subsection (j), the widow's annuity shall not, however,
exceed | 24 | | the sum of $500 a month if the employee's death in service | 25 | | occurs before
January 23, 1987. The widow's annuity shall not | 26 | | be limited to a maximum dollar
amount if the employee's death |
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| 1 | | in service occurs on or after January 23, 1987.
| 2 | | If the employee dies in service before July 1, 1990, and if | 3 | | such
widow of such described employee shall not be 60 or more | 4 | | years
of age on such date of death, the amount provided in the | 5 | | immediately
preceding paragraph for a widow 60 or more years of | 6 | | age, shall, in the case
of such younger widow, be reduced by | 7 | | 0.25% for each month that
her then attained age is less than 60 | 8 | | years if the employee was born before
January 1, 1936, or dies | 9 | | in service on or after January 1, 1988, or
0.5% for each month | 10 | | that her then attained age is less
than 60 years if the | 11 | | employee was born on or after January 1, 1936 and
dies in | 12 | | service before January 1, 1988.
| 13 | | If the employee dies in service on or after July 1, 1990, | 14 | | and if the
widow of the employee has not attained age 55 on or | 15 | | before the employee's
date of death, the amount otherwise | 16 | | provided in this subsection (a) shall
be reduced by 0.25% for | 17 | | each month that her then attained age is less than
55 years; | 18 | | except that
if the employee dies in service on or after January | 19 | | 1, 1998 at age 50 or over
with at least 30 years of service or | 20 | | at age 55 or over with at least 25 years
of service, there | 21 | | shall be no reduction due to the widow's age if she has
| 22 | | attained age 50 on or before the employee's date of death, and | 23 | | if the widow
has not attained age 50 on or before the | 24 | | employee's date of death the amount
otherwise provided in this | 25 | | subsection (a) shall be reduced by 0.25% for each
month that | 26 | | her then attained age is less than 50 years.
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| 1 | | (b) The widow of any employee who dies subsequent to the | 2 | | date of his
retirement on annuity, and who so retired on or | 3 | | after the date on which he
attained age 60 if retirement occurs | 4 | | before July 1, 1990, or on or after the
date on which he | 5 | | attained age 55 if retirement occurs on or after July 1, 1990,
| 6 | | with at least 20 years of service, or on or after the date on | 7 | | which he
attained age 50 if the retirement occurs on or after | 8 | | the effective date of this
amendatory Act of 1997 with at least | 9 | | 30 years of service, shall be entitled
to an annuity equal to | 10 | | one-half of the amount of annuity which her deceased
husband | 11 | | received as of the date of his retirement on annuity, | 12 | | conditional upon
such widow having attained age 60 on or before | 13 | | the date of her husband's
retirement on annuity if retirement | 14 | | occurs before July 1, 1990, or age 55 if
retirement occurs on | 15 | | or after July 1, 1990, or age 50 if the
retirement on annuity
| 16 | | occurs on or after January 1, 1998 and the employee is age 50 | 17 | | or over with
at least 30 years of service or age 55 or over with | 18 | | at least 25 years of
service.
Except as provided in subsection
| 19 | | (j), this widow's annuity shall not, however, exceed the
sum of | 20 | | $500 a month if the employee's death occurs before January 23, | 21 | | 1987.
The widow's annuity shall not be limited to a maximum | 22 | | dollar amount if the
employee's death occurs on or after | 23 | | January 23, 1987, regardless of the date
of retirement; | 24 | | provided that, if retirement was before January 23, 1987, the
| 25 | | employee or eligible spouse repays the excess spouse refund | 26 | | with interest at
the effective rate from the date of refund to |
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| 1 | | the date of repayment.
| 2 | | If the date of the employee's retirement on annuity is | 3 | | before July 1,
1990, and if such widow of such described | 4 | | employee shall not have
attained such age of 60 or more years | 5 | | on such date of her husband's
retirement on annuity, the amount | 6 | | provided in the immediately preceding
paragraph for a widow 60 | 7 | | or more years of age on the date of her husband's
retirement on | 8 | | annuity, shall, in the case of such then younger widow, be
| 9 | | reduced by 0.25% for each month that her then attained age was | 10 | | less than 60
years if the employee was born before January 1, | 11 | | 1936, or withdraws from
service on or after January 1, 1988, or | 12 | | 0.5% for each month that her then
attained age was less than 60 | 13 | | years if the employee was born on or after
January 1, 1936 and | 14 | | withdraws from service before January 1, 1988.
| 15 | | If the date of the employee's retirement on annuity is on | 16 | | or after July
1, 1990, and if the widow of the employee has not | 17 | | attained age 55 by the
date of the employee's retirement on | 18 | | annuity, the amount otherwise provided
in this subsection (b) | 19 | | shall be reduced by 0.25% for each month that her
then attained | 20 | | age is less than 55 years; except that if
the employee retires | 21 | | on annuity on or after January 1, 1998 at age 50 or over
with at | 22 | | least 30 years of service or at age 55 or over with at least 25 | 23 | | years
of service, there shall be no reduction due to the | 24 | | widow's age if she has
attained age 50 on or before the | 25 | | employee's date of death, and if the widow
has not attained age | 26 | | 50 on or before the employee's date of death the amount
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| 1 | | otherwise provided in this subsection (b) shall be reduced by | 2 | | 0.25% for each
month that her then attained age is less than 50 | 3 | | years.
| 4 | | (c) The foregoing provisions relating to minimum annuities | 5 | | for widows
shall not apply to the widow of any former employee | 6 | | receiving an annuity
from the fund on August 2, 1965 or on the | 7 | | effective date of this amendatory
provision, who re-enters | 8 | | service as a former employee, unless such employee
renders at | 9 | | least 3 years of additional service after the date of re-entry.
| 10 | | (d) (Blank).
| 11 | | (e) (Blank).
| 12 | | (f) The amendments to this Section by this amendatory Act | 13 | | of 1985, relating
to changing the discount because of age from | 14 | | 1/2 of 1% to 0.25% per month for
widows of employees born | 15 | | before January 1, 1936, shall apply only to qualifying
widows | 16 | | whose husbands die while in the service on or after August 16, | 17 | | 1985 or
withdraw and enter on annuity on or after August 16, | 18 | | 1985.
| 19 | | (g) Beginning on January 1, 1999, the minimum amount of | 20 | | widow's
annuity shall be $800 per month for life for the | 21 | | following
classes of widows, without regard to the fact that | 22 | | the death of the employee
occurred prior to the effective date | 23 | | of this amendatory Act of
1998:
| 24 | | (1) any widow annuitant alive and receiving a term | 25 | | annuity on the
effective date of this amendatory Act of
| 26 | | 1998, except a reciprocal annuity;
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| 1 | | (2) any widow annuitant alive and receiving a life | 2 | | annuity on the
effective date of this amendatory Act of
| 3 | | 1998, except a reciprocal annuity;
| 4 | | (3) any widow annuitant alive and receiving a | 5 | | reciprocal annuity on
the effective date of this amendatory | 6 | | Act of
1998, whose employee spouse's service in this fund | 7 | | was at least 5 years;
| 8 | | (4) the widow of an employee with at least 10 years of | 9 | | service in this
fund who dies after retirement, if the | 10 | | retirement occurred prior to the
effective date of this | 11 | | amendatory Act of
1998;
| 12 | | (5) the widow of an employee with at least 10 years of | 13 | | service in this
fund who dies after retirement, if | 14 | | withdrawal occurs on or after the
effective date of this | 15 | | amendatory Act of
1998;
| 16 | | (6) the widow of an employee who dies in service with | 17 | | at least 5 years
of service in this fund, if the death in | 18 | | service occurs on or after the
effective date of this | 19 | | amendatory Act of
1998.
| 20 | | The increases granted under items (1), (2), (3) and (4) of | 21 | | this
subsection (g) shall not be limited by any other Section | 22 | | of this Act.
| 23 | | (g-5) For widows of employees who were members of the fund | 24 | | on or before January 1, 2011, the minimum amount of widow's
| 25 | | annuity shall be $1,000 per month for life for the following
| 26 | | classes of widows, without regard to the fact that the death of |
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| 1 | | the employee
occurred prior to the effective date of this | 2 | | amendatory Act of
the 97th General Assembly: | 3 | | (1) any widow annuitant alive and receiving a term | 4 | | annuity on the
effective date of this amendatory Act of
the | 5 | | 97th General Assembly, except a reciprocal annuity; | 6 | | (2) any widow annuitant alive and receiving a life | 7 | | annuity on the
effective date of this amendatory Act of
the | 8 | | 97th General Assembly, except a reciprocal annuity; | 9 | | (3) any widow annuitant alive and receiving a | 10 | | reciprocal annuity on
the effective date of this amendatory | 11 | | Act of
the 97th General Assembly, whose employee spouse's | 12 | | service in this fund was at least 5 years; | 13 | | (4) the widow of an employee with at least 10 years of | 14 | | service in this
fund who dies after retirement, if the | 15 | | retirement occurred prior to the
effective date of this | 16 | | amendatory Act of
the 97th General Assembly; | 17 | | (5) the widow of an employee with at least 10 years of | 18 | | service in this
fund who dies after retirement, if | 19 | | withdrawal occurs on or after the
effective date of this | 20 | | amendatory Act of
the 97th General Assembly; | 21 | | (6) the widow of an employee who dies in service with | 22 | | at least 5 years
of service in this fund, if the death in | 23 | | service occurs on or after the
effective date of this | 24 | | amendatory Act of
the 97th General Assembly. | 25 | | The increases granted under items (1), (2), (3), and (4) of | 26 | | this
subsection (g-5) shall not be limited by any other Section |
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| 1 | | of this Act. | 2 | | (h) The widow of an employee who retired or died in service | 3 | | on or
after January 1, 1985 and before July 1, 1990, at age 55 | 4 | | or older, and with
at least 35 years of service credit, shall | 5 | | be entitled to have her widow's
annuity increased, effective | 6 | | January 1, 1991, to an amount equal to 50% of
the retirement | 7 | | annuity that the deceased employee received on the date of
| 8 | | retirement, or would have been eligible to receive if he had | 9 | | retired on the
day preceding the date of his death in service, | 10 | | provided that if the widow
had not attained age 60 by the date | 11 | | of the employee's retirement or death
in service, the amount of | 12 | | the annuity shall be reduced by 0.25% for each
month that her | 13 | | then attained age was less than age 60 if the employee's
| 14 | | retirement or death in service occurred on or after January 1, | 15 | | 1988, or by
0.5% for each month that her attained age is less | 16 | | than age 60 if the
employee's retirement or death in service | 17 | | occurred prior to January 1,
1988. However, in cases where a | 18 | | refund of excess contributions for
widow's annuity has been | 19 | | paid by the Fund, the increase in benefit provided
by this | 20 | | subsection (h) shall be contingent upon repayment of the
refund | 21 | | to the Fund with interest at the effective rate from the date | 22 | | of refund
to the date of payment.
| 23 | | (i) If a deceased employee is receiving a retirement | 24 | | annuity at the time
of death and that death occurs on or after | 25 | | June 27, 1997,
the widow may elect to receive, in lieu of any
| 26 | | other annuity provided under this Article, 50% of the deceased |
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| 1 | | employee's
retirement annuity at the time of death reduced by | 2 | | 0.25% for each month that
the widow's age on the date of death | 3 | | is less than 55; except that if the
employee dies on or after | 4 | | January 1, 1998 and withdrew from service on or
after June 27, | 5 | | 1997 at age 50 or over with at least 30 years of service
or at | 6 | | age 55 or over with at least 25 years of service, there shall | 7 | | be no
reduction due to the widow's age if she has attained age | 8 | | 50 on or before the
employee's date of death, and if the widow | 9 | | has not attained age 50 on or before
the employee's date of | 10 | | death the amount otherwise provided in this subsection
(i) | 11 | | shall be reduced by 0.25% for each month that her age on the | 12 | | date of death
is less than 50 years. However, in cases where
a | 13 | | refund of excess contributions for widow's annuity has been | 14 | | paid by the Fund,
the benefit provided by this subsection (i) | 15 | | is contingent upon repayment of the
refund to the Fund with | 16 | | interest at the effective rate from the date of refund
to the | 17 | | date of payment.
| 18 | | (j) For widows of employees who died before January 23,
| 19 | | 1987 after retirement on annuity or in service, the maximum | 20 | | dollar amount
limitation on widow's annuity shall cease to | 21 | | apply, beginning with the first
annuity payment after the | 22 | | effective date of this amendatory Act
of 1997; except
that if a | 23 | | refund of excess contributions for widow's annuity has been | 24 | | paid by
the Fund, the increase resulting from this subsection | 25 | | (j) shall not begin
before the refund has been repaid to the | 26 | | Fund, together with interest at the
effective rate from the |
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| 1 | | date of the refund to the date of repayment.
| 2 | | (k) In lieu of any other annuity provided in this Article, | 3 | | an eligible
spouse of an employee who dies in service on or | 4 | | after January 1, 2002
(regardless of whether that death in | 5 | | service occurs prior to the effective date of this amendatory | 6 | | Act of the 93rd General Assembly)
with at least 10 years of | 7 | | service shall be
entitled to an annuity of 50% of the minimum | 8 | | formula annuity earned and
accrued to the credit of the | 9 | | employee at the date of death.
For the purposes of this | 10 | | subsection, the minimum formula annuity earned and
accrued to | 11 | | the credit of the employee is equal to 2.40% for each year of
| 12 | | service of the highest average annual salary for any 4 | 13 | | consecutive years within
the last 10 years of service | 14 | | immediately preceding the date of death, up to
a maximum of 80% | 15 | | of the highest average annual salary. This annuity shall
not be | 16 | | reduced due to the age of the employee or spouse. In addition | 17 | | to any
other eligibility requirements under this Article, the | 18 | | spouse is eligible for
this annuity only if the marriage was in | 19 | | effect for 10 full years or more.
| 20 | | (Source: P.A. 92-599, eff. 6-28-02; 93-654, eff. 1-16-04.)
| 21 | | Section 90. The State Mandates Act is amended by adding | 22 | | Section 8.35 as follows: | 23 | | (30 ILCS 805/8.35 new) | 24 | | Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| 1 | | of this Act, no reimbursement by the State is required for the | 2 | | implementation of any mandate created by this amendatory Act of | 3 | | the 97th General Assembly. | 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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