Full Text of SB3154 100th General Assembly
SB3154 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3154 Introduced 2/15/2018, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/6-164 | from Ch. 108 1/2, par. 6-164 | 30 ILCS 805/8.42 new | |
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Amends the Chicago Firefighter Article of the Illinois Pension Code. Removes a birthdate restriction on eligibility at age 55 for a 3% automatic annual increase in retirement annuity that is not subject to a maximum increase of 30%. Makes a related change. 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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| | | SB3154 | | LRB100 20094 RPS 35377 b |
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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 | | Section 6-164 as follows:
| 6 | | (40 ILCS 5/6-164)
(from Ch. 108 1/2, par. 6-164)
| 7 | | Sec. 6-164. Automatic annual increase; retirement after | 8 | | September 1, 1959.
| 9 | | (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 | | 1966) or over on that anniversary date, or upon
the first of | 14 | | the month following his attainment of age 60 ( age 55 if born
| 15 | | before January 1, 1966) 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
| 20 | | 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,
| 23 | | 1940, and beginning January 1, 1996 for firemen born after |
| | | SB3154 | - 2 - | LRB100 20094 RPS 35377 b |
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| 1 | | 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, 2017, for | 4 | | firemen born after December 31, 1954 but before January 1, | 5 | | 1966 , such increases shall be
3% and such firemen shall not be | 6 | | subject to the 30% maximum increase.
| 7 | | 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
| 12 | | 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
| 17 | | Act of 1995.
| 18 | | 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 |
| | | SB3154 | - 3 - | LRB100 20094 RPS 35377 b |
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| 1 | | before the effective date of this amendatory
Act.
| 2 | | Any fireman born after December 31, 1954 but before January | 3 | | 1, 1966 who qualifies for
a minimum annuity and retires after
| 4 | | September 1, 1967 is entitled to
receive an increase under this | 5 | | subsection on (1)
January 1, 2017, (2) the first anniversary of | 6 | | the date of
retirement, or (3) attainment of age 55, whichever | 7 | | occurs last, in an amount equal to an increase of 3% of his | 8 | | then fixed and payable monthly annuity upon the first of the | 9 | | month following the first anniversary of his date of retirement | 10 | | if he is age 55 or over on that anniversary date or upon the | 11 | | first of the month following his attainment of age 55 if that | 12 | | date occurs after the first anniversary of his retirement date | 13 | | and such first fixed annuity as granted at retirement shall be | 14 | | increased by an additional 3% in January of each year | 15 | | thereafter. In the case of a fireman born after December 31, | 16 | | 1954 but before January 1, 1966 who received an increase in any | 17 | | year of 1.5%, that fireman shall receive an increase for any | 18 | | such year so that the total increase is equal to 3% for each | 19 | | year the fireman would have been otherwise eligible had the | 20 | | fireman not received any increase. The changes to this | 21 | | subsection made by this amendatory
Act of the 99th General | 22 | | Assembly apply without regard to whether the fireman
or | 23 | | annuitant terminated service before the effective date of this | 24 | | amendatory
Act. The changes to this subsection made by this | 25 | | amendatory Act of the 100th General Assembly are a declaration | 26 | | of existing law and shall not be construed as a new enactment. |
| | | SB3154 | - 4 - | LRB100 20094 RPS 35377 b |
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| 1 | | The changes to this subsection made by this amendatory Act | 2 | | of the 100th General Assembly apply without regard to whether | 3 | | the fireman or annuitant terminated service before the | 4 | | effective date of this amendatory Act of the 100th General | 5 | | Assembly. | 6 | | (b) Subsection (a) of this Section is
not applicable to an | 7 | | employee receiving a term annuity.
| 8 | | (c) To help defray the cost of such increases in annuity, | 9 | | there
shall be deducted, beginning September 1, 1959, from each | 10 | | payment of salary
to a fireman, 1/8 of 1% of each such salary | 11 | | payment and an additional 1/8
of 1% beginning on September 1, | 12 | | 1961, and September 1, 1963, respectively,
concurrently with | 13 | | and in addition to the salary deductions otherwise made
for | 14 | | annuity purposes.
| 15 | | Each such additional 1/8 of 1% deduction from salary which | 16 | | shall, on
September 1, 1963, result in a total increase of 3/8 | 17 | | of 1% of salary,
shall be credited to the Automatic Increase | 18 | | Reserve, to be used,
together with city contributions as | 19 | | provided in this Article, to defray
the cost of the annuity | 20 | | increments specified in this Section. Any balance
in such | 21 | | reserve as of the beginning of each calendar year shall be
| 22 | | credited with interest at the rate of 3% per annum.
| 23 | | The salary deductions provided in this Section are not | 24 | | subject to
refund, except to the fireman himself in any case in | 25 | | which: (i) the fireman
withdraws prior to qualification for | 26 | | minimum annuity or Tier 2 monthly retirement annuity and |
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| 1 | | applies for
refund, (ii) the fireman applies for an annuity of | 2 | | a type that is not subject to annual increases under this | 3 | | Section, or (iii) a term annuity becomes
payable. In such | 4 | | cases, the total of such salary deductions shall be
refunded to | 5 | | the fireman, without interest, and charged to the
| 6 | | aforementioned reserve.
| 7 | | (d) Notwithstanding any other provision of this Article, | 8 | | the Tier 2 monthly retirement annuity of a
person who first | 9 | | becomes a fireman under this Article on or after January 1, | 10 | | 2011 shall be increased on the January 1 occurring either on or | 11 | | after (i) the attainment of age 60 or (ii) the first | 12 | | anniversary of the annuity start date, whichever is later. Each | 13 | | annual increase shall be calculated at 3% or one-half the | 14 | | annual unadjusted percentage increase (but not less than zero) | 15 | | in the consumer price index-u for the 12 months ending with the | 16 | | September preceding each November 1, whichever is less, of the | 17 | | originally granted retirement annuity. If the annual | 18 | | unadjusted percentage change in the consumer price index-u for | 19 | | a 12-month period ending in September is zero or, when compared | 20 | | with the preceding period, decreases, then the annuity shall | 21 | | not be increased. | 22 | | For the purposes of this subsection (d), "consumer price | 23 | | index-u" means the index published by the Bureau of Labor | 24 | | Statistics of the United States Department of Labor that | 25 | | measures the average change in prices of goods and services | 26 | | purchased by all urban consumers, United States city average, |
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| 1 | | all items, 1982-84 = 100. The new amount resulting from each | 2 | | annual adjustment shall be determined by the Public Pension | 3 | | Division of the Department of Insurance and made available to | 4 | | the boards of the pension funds by November 1 of each year. | 5 | | (Source: P.A. 99-905, eff. 11-29-16; 100-23, eff. 7-6-17; | 6 | | 100-539, eff. 11-7-17.)
| 7 | | Section 90. The State Mandates Act is amended by adding | 8 | | Section 8.42 as follows: | 9 | | (30 ILCS 805/8.42 new) | 10 | | Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8 | 11 | | of this Act, no reimbursement by the State is required for the | 12 | | implementation of any mandate created by this amendatory Act of | 13 | | the 100th General Assembly.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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