Full Text of SB3081 96th General Assembly
SB3081 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3081
Introduced 2/8/2010, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED: |
|
40 ILCS 5/5-114 |
from Ch. 108 1/2, par. 5-114 |
30 ILCS 805/8.34 new |
|
|
Amends the Chicago Police Article of the Illinois Pension Code. Provides that, for a policeman assigned to a non-civil service position in the police department on or after the effective date of the amendatory Act, annual salary means the
total salary derived from appropriations applicable to the civil service
rank only. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
|
| |
|
|
FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
|
|
A BILL FOR
|
|
|
|
|
SB3081 |
|
LRB096 18803 AMC 34189 b |
|
| 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 |
| Section 5-114 as follows:
| 6 |
| (40 ILCS 5/5-114) (from Ch. 108 1/2, par. 5-114)
| 7 |
| Sec. 5-114. Salary. "Salary":
| 8 |
| (a) Annual salary, provided that $2,600 shall be the | 9 |
| maximum amount
of salary to be considered for any purpose under | 10 |
| this Act prior to July
1, 1927.
| 11 |
| (b) Annual salary, provided that $3,000 shall be the | 12 |
| maximum amount
of salary to be considered for any purpose under | 13 |
| this Act from July 1,
1927 to July 1, 1931.
| 14 |
| (c) Annual salary, provided that the annual salary shall be
| 15 |
| considered for age and service annuity, minimum annuity and | 16 |
| disability
benefits and $3,000 shall be the maximum amount of | 17 |
| salary to be
considered for prior service annuity, widow's | 18 |
| annuity, widow's prior
service annuity and child's annuity from | 19 |
| July 1, 1931 to July 1, 1933.
| 20 |
| (d) Beginning July 1, 1933, annual salary of a policeman
| 21 |
| appropriated for members of his rank or grade in the city's | 22 |
| annual
budget or appropriation bill, subject to the following:
| 23 |
| (1) For age and service annuity, minimum annuity and |
|
|
|
SB3081 |
- 2 - |
LRB096 18803 AMC 34189 b |
|
| 1 |
| disability
benefits, the amount of annual salary without | 2 |
| limitation.
| 3 |
| (2) For prior service annuity, widow's annuity, | 4 |
| widow's prior
service annuity and child's annuity from July | 5 |
| 1, 1933 to July 1, 1957,
the amount of annual salary up to | 6 |
| a maximum of $3,000; beginning July 1,
1957, for such | 7 |
| annuities, the amount of annual salary without limitation.
| 8 |
| (3) When the salary appropriated is for a definite | 9 |
| period of service
of less than 12 months in any one year, | 10 |
| disability benefits shall be
computed on a daily wage basis | 11 |
| computed by dividing the amount
appropriated by 365.
| 12 |
| (e) For a policeman assigned to a non-civil service | 13 |
| position as
provided in Section 5-174 from and after January 1, | 14 |
| 1970 and until the effective date of this amendatory Act of the | 15 |
| 96th General Assembly , (with the
hereinafter stated excess not | 16 |
| considered as salary for any purpose of
this Article for any of | 17 |
| the years prior to 1970 except to the extent
provided by the | 18 |
| election in Section 5-174), annual salary means the
total | 19 |
| salary derived from appropriations applicable to the civil | 20 |
| service
rank plus the excess over such amount paid for service | 21 |
| in the non-civil
service position.
| 22 |
| For a policeman assigned to a non-civil service position as
| 23 |
| provided in Section 5-174 on or after the effective date of | 24 |
| this amendatory Act of the 96th General Assembly, annual salary | 25 |
| means the
total salary derived from appropriations applicable | 26 |
| to the civil service
rank only. |
|
|
|
SB3081 |
- 3 - |
LRB096 18803 AMC 34189 b |
|
| 1 |
| (f) Beginning January 1, 1998, the salary of a policeman, | 2 |
| as calculated
under subsection (d), shall include any duty | 3 |
| availability allowance received by
the policeman.
| 4 |
| An active or former policeman who (1) either retired | 5 |
| between July 1, 1994 and
December 31, 1997, both inclusive, or | 6 |
| attained or will attain age 50 and 20
years of service between | 7 |
| July 1, 1994 and January 1, 2002, both inclusive,
and (2) | 8 |
| received a duty availability allowance at any time after June | 9 |
| 30, 1994
and before January 1, 1998 may elect to have that duty | 10 |
| availability
allowance included in the calculation of his or | 11 |
| her salary under subsection
(d) for all or any portion of that | 12 |
| period for which the allowance was
received, by applying in | 13 |
| writing and paying to the Fund, no earlier than
January 1, 1998 | 14 |
| and no later than July 1, 1998, the corresponding employee
| 15 |
| contribution, without interest. Thereafter the City shall make | 16 |
| its
corresponding contribution, without interest.
| 17 |
| This subsection (f) applies without regard to
whether the | 18 |
| applicant terminated service or began to receive a retirement
| 19 |
| annuity before the effective date of this amendatory Act of | 20 |
| 1997. In the case
of a person who is receiving a retirement | 21 |
| annuity at the time the application
and contribution are | 22 |
| received by the Fund, the annuity shall be recalculated
and the | 23 |
| resulting increase shall become payable on the next annuity | 24 |
| payment
date following the date the contribution is received by | 25 |
| the Fund.
| 26 |
| (Source: P.A. 90-551, eff. 12-12-97.)
|
|
|
|
SB3081 |
- 4 - |
LRB096 18803 AMC 34189 b |
|
| 1 |
| Section 90. The State Mandates Act is amended by adding | 2 |
| Section 8.34 as follows: | 3 |
| (30 ILCS 805/8.34 new) | 4 |
| Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | 5 |
| of this Act, no reimbursement by the State is required for the | 6 |
| implementation of any mandate created by this amendatory Act of | 7 |
| the 96th General Assembly.
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
|
|