Full Text of HB5183 100th General Assembly
HB5183eng 100TH GENERAL ASSEMBLY |
| | HB5183 Engrossed | | LRB100 19054 RPS 34308 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 | | Sections 5-167.2, 5-167.4, 6-128.2, and 6-128.4 as follows:
| 6 | | (40 ILCS 5/5-167.2)
(from Ch. 108 1/2, par. 5-167.2)
| 7 | | Sec. 5-167.2. Retirement before September 1, 1967. A | 8 | | retired
policeman, qualifying for minimum annuity or who | 9 | | retired from service
with 20 or more years of service, before | 10 | | September 1, 1967, shall, in
January of the year following the | 11 | | year he attains the age of 65, or in
January of the year 1970, | 12 | | if then more than 65 years of age, have his
then fixed and | 13 | | payable monthly annuity increased by an amount equal to
2% of | 14 | | the original grant of annuity, for each year the policeman was | 15 | | in
receipt of annuity payments after the year in which he | 16 | | attains, or did
attain the age of 63. An additional 2% increase | 17 | | in such then fixed and
payable original granted annuity shall | 18 | | accrue in each January thereafter.
Beginning January 1, 1986, | 19 | | the rate of such increase shall be 3% instead of 2%.
| 20 | | The provisions of the preceding paragraph of this Section | 21 | | apply only to
a retired policeman eligible for such increases | 22 | | in his annuity who contributes
to the Fund a sum equal to $5 | 23 | | for each full year of credited service upon
which his annuity |
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| 1 | | was computed. All such sums contributed shall be placed
in a | 2 | | Supplementary Payment Reserve and shall be used for the | 3 | | purposes of
such Fund account.
| 4 | | Beginning with the monthly annuity payment due in July, | 5 | | 1982, the fixed
and granted monthly annuity payment for any | 6 | | policeman who retired from the
service, before September 1, | 7 | | 1976, at age 50 or over with 20 or more years
of service and | 8 | | entitled to an annuity on January 1, 1974, shall be not less
| 9 | | than $400. It is the intent of the General Assembly that the | 10 | | change made in
this Section by this amendatory Act of 1982 | 11 | | shall apply retroactively to July
1, 1982.
| 12 | | Beginning with the monthly annuity payment due on January | 13 | | 1, 1986, the
fixed and granted monthly annuity payment for any | 14 | | policeman who retired
from the service before January 1, 1986, | 15 | | at age 50 or over with 20 or more
years of service, or any | 16 | | policeman who retired from service due to
termination of | 17 | | disability and who is entitled to an annuity on January 1,
| 18 | | 1986, shall be not less than $475.
| 19 | | Beginning with the monthly annuity payment due on January | 20 | | 1, 1992, the
fixed and granted monthly annuity payment for any | 21 | | policeman who retired
from the service before January 1, 1992, | 22 | | at age 50 or over with 20 or more
years of service, and for any | 23 | | policeman who retired from service due to
termination of | 24 | | disability and who is entitled to an annuity on January 1,
| 25 | | 1992, shall be not less than $650.
| 26 | | Beginning with the monthly annuity payment due on January |
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| 1 | | 1, 1993, the
fixed and granted monthly annuity payment for any | 2 | | policeman who retired
from the service before January 1, 1993, | 3 | | at age 50 or over with 20 or more
years of service, and for any | 4 | | policeman who retired from service due to
termination of | 5 | | disability and who is entitled to an annuity on January 1,
| 6 | | 1993, shall be not less than $750.
| 7 | | Beginning with the monthly annuity payment due on January | 8 | | 1, 1994, the
fixed and granted monthly annuity payment for any | 9 | | policeman who retired
from the service before January 1, 1994, | 10 | | at age 50 or over with 20 or more
years of service, and for any | 11 | | policeman who retired from service due to
termination of | 12 | | disability and who is entitled to an annuity on January 1,
| 13 | | 1994, shall be not less than $850.
| 14 | | Beginning with the monthly annuity payment due on January | 15 | | 1, 2004, the
fixed and granted monthly annuity payment for any | 16 | | policeman who retired
from the service before January 1, 2004, | 17 | | at age 50 or over with 20 or more
years of service, and for any | 18 | | policeman who retired from service due to
termination of | 19 | | disability and who is entitled to an annuity on January 1,
| 20 | | 2004, shall be not less than $950.
| 21 | | Beginning with the monthly annuity payment due on January | 22 | | 1, 2005, the
fixed and granted monthly annuity payment for any | 23 | | policeman who retired
from the service before January 1, 2005, | 24 | | at age 50 or over with 20 or more
years of service, and for any | 25 | | policeman who retired from service due to
termination of | 26 | | disability and who is entitled to an annuity on January 1,
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| 1 | | 2005, shall be not less than $1,050.
| 2 | | Beginning with the monthly annuity payment due on January | 3 | | 1, 2016, the fixed and granted monthly annuity payment for any | 4 | | policeman who retired from the service before January 1, 2016, | 5 | | at age 50 or over with 20 or more years of service, and for any | 6 | | policeman who retired from service due to termination of | 7 | | disability and who is entitled to an annuity on January 1, | 8 | | 2016, shall be no less than 125% of the Federal Poverty Level. | 9 | | Beginning with the monthly annuity payment due on January | 10 | | 1, 2019, the fixed and granted monthly annuity payment for any | 11 | | policeman who retired from the service before January 1, 2019, | 12 | | at age 50 or over with 20 or more years of service, and for any | 13 | | policeman who retired from service due to termination of | 14 | | disability and who is entitled to an annuity on January 1, | 15 | | 2019, shall be no less than 150% of the Federal Poverty Level. | 16 | | For purposes of this Section, the "Federal Poverty Level" | 17 | | shall be determined pursuant to the poverty guidelines updated | 18 | | periodically in the Federal Register by the United States | 19 | | Department of Health and Human Services under the authority of | 20 | | 42 U.S.C. 9902(2). | 21 | | The difference in amount between the original fixed and | 22 | | granted monthly
annuity of any such policeman on the date of | 23 | | his retirement from the service
and the monthly annuity | 24 | | provided for in the immediately
preceding paragraph shall be | 25 | | paid as a supplement in the manner set forth
in the immediately | 26 | | following paragraph.
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| 1 | | To defray the annual cost of the increases indicated in the | 2 | | preceding
part of this Section, the annual interest income | 3 | | accruing from
investments held by this Fund, exclusive of gains | 4 | | or losses on sales
or exchanges of assets during the year, over | 5 | | and above 4% a year shall
be used to the extent necessary and | 6 | | available to finance the cost of
such increases for the | 7 | | following year and such amount shall be
transferred as of the | 8 | | end of each year beginning with the year 1969 to a
Fund account | 9 | | designated as the Supplementary Payment Reserve from the
| 10 | | Interest and Investment Reserve set forth in Section 5-207.
| 11 | | In the event the funds in the Supplementary Payment Reserve | 12 | | in any year
arising from: (1) the interest income accruing in | 13 | | the preceding year above 4%
a year and (2) the contributions by | 14 | | retired persons are insufficient to
make the total payments to | 15 | | all persons entitled
to the annuity specified in this Section | 16 | | and (3) any interest
earnings over 4% a year beginning with the | 17 | | year 1969 which were not
previously used to finance such | 18 | | increases and which were transferred
to the Prior Service | 19 | | Annuity Reserve, may be used to the extent necessary
and | 20 | | available to provide sufficient funds to finance such increases
| 21 | | for the current year and such sums shall be transferred from | 22 | | the Prior
Service Annuity Reserve. In the event the total money | 23 | | available in
the Supplementary Payment Reserve from such | 24 | | sources are insufficient
to make the total payments to all | 25 | | persons entitled to such increases
for the year, a | 26 | | proportionate amount computed as the ratio of the
money |
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| 1 | | available to the total of the total payments specified for that
| 2 | | year shall be paid to each person for that year.
| 3 | | The Fund shall be obligated for the payment of the | 4 | | increases in
annuity as provided for in this Section only to | 5 | | the extent that the
assets for such purpose are available.
| 6 | | (Source: P.A. 99-506, eff. 5-30-16.)
| 7 | | (40 ILCS 5/5-167.4)
(from Ch. 108 1/2, par. 5-167.4)
| 8 | | Sec. 5-167.4. Widow annuitant minimum annuity.
| 9 | | (a) Notwithstanding any other provision of this Article, | 10 | | beginning
January 1, 1996, the minimum amount of widow's | 11 | | annuity payable to any person
who is entitled to receive a | 12 | | widow's annuity under this Article is $700 per
month, without | 13 | | regard to whether the deceased policeman is in service on or
| 14 | | after the effective date of this amendatory Act of 1995.
| 15 | | Notwithstanding any other provision of this Article, | 16 | | beginning
January 1, 1999, the minimum amount of widow's | 17 | | annuity payable to any person
who is entitled to receive a | 18 | | widow's annuity under this Article is $800 per
month, without | 19 | | regard to whether the deceased policeman is in service on or
| 20 | | after the effective date of this amendatory Act of 1998.
| 21 | | Notwithstanding any other provision of this Article, | 22 | | beginning
January 1, 2004, the minimum amount of widow's | 23 | | annuity payable to any person
who is entitled to receive a | 24 | | widow's annuity under this Article is $900 per
month, without | 25 | | regard to whether the deceased policeman is in service on or
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| 1 | | after the effective date of this amendatory Act of the 93rd | 2 | | General Assembly.
| 3 | | Notwithstanding any other provision of this Article, | 4 | | beginning
January 1, 2005, the minimum amount of widow's | 5 | | annuity payable to any person
who is entitled to receive a | 6 | | widow's annuity under this Article is $1,000 per
month, without | 7 | | regard to whether the deceased policeman is in service on or
| 8 | | after the effective date of this amendatory Act of the 93rd | 9 | | General Assembly.
| 10 | | (b) Effective January 1, 1994, the minimum amount of | 11 | | widow's annuity
shall be $700 per month for the following | 12 | | classes of widows, without regard to
whether the deceased | 13 | | policeman is in service on or after the effective date of
this | 14 | | amendatory Act of 1993: (1) the widow of a policeman who dies | 15 | | in service
with at least 10 years of service credit, or who | 16 | | dies in service after June 30,
1981; and (2) the widow of a | 17 | | policeman who withdraws from service with 20 or
more years of | 18 | | service credit and does not withdraw a refund, provided that | 19 | | the
widow is married to the policeman before he withdraws from | 20 | | service.
| 21 | | (b-5) Notwithstanding any other provision of this Article, | 22 | | beginning January 1, 2017, the minimum widow's annuity under | 23 | | this Article shall be no less than 125% of the Federal Poverty | 24 | | Level for all persons receiving widow's annuities on or after | 25 | | that date, without regard to whether the deceased policeman is | 26 | | in service on or after the effective date of this amendatory |
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| 1 | | Act of the 99th General Assembly. Notwithstanding any other | 2 | | provision of this Article, beginning January 1, 2019, the | 3 | | minimum widow's annuity under this Article shall be no less | 4 | | than 150% of the Federal Poverty Level for all persons | 5 | | receiving widow's annuities on or after that date, without | 6 | | regard to whether the deceased policeman is in service on or | 7 | | after the effective date of this amendatory Act of the 100th | 8 | | General Assembly. For purposes of this Section, "Federal | 9 | | Poverty Level" means the poverty guidelines applicable to an | 10 | | individual in a single-person household located in Illinois, as | 11 | | updated periodically in the Federal Register by the United | 12 | | States Department of Health and Human Services under the | 13 | | authority of 42 U.S.C. 9902(2). | 14 | | (c) The city, in addition to the contributions otherwise | 15 | | made by it
under the other provisions of this Article, shall | 16 | | make such contributions
as are necessary for the minimum | 17 | | widow's annuities provided under
this Section in the manner | 18 | | prescribed in Section 5-175.
| 19 | | (Source: P.A. 99-905, eff. 11-29-16.)
| 20 | | (40 ILCS 5/6-128.2)
(from Ch. 108 1/2, par. 6-128.2)
| 21 | | Sec. 6-128.2. Minimum retirement annuities.
| 22 | | (a) Beginning with the monthly payment due in January, | 23 | | 1988, the monthly
annuity payment for any person who is | 24 | | entitled to receive a retirement
annuity under this Article in | 25 | | January, 1990 and has retired from service at
age 50 or over |
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| 1 | | with 20 or more years of service, and for any person who
| 2 | | retires from service on or after January 24, 1990 at age 50 or | 3 | | over
with 20 or more years of service, shall not be less than | 4 | | $475 per month.
The $475 minimum annuity is exclusive of any | 5 | | automatic annual increases
provided by Sections 6-164 and | 6 | | 6-164.1, but not exclusive of previous
raises in the minimum | 7 | | annuity as provided by any Section of this Article.
| 8 | | Beginning January 1, 1992, 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 $650 per month.
| 14 | | Beginning January 1, 1993, 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 $750 per month.
| 20 | | Beginning January 1, 1994, 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 $850 per month.
| 26 | | Beginning January 1, 2004, 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 $950 per month.
| 6 | | Beginning January 1, 2005, the minimum retirement annuity | 7 | | payable to any
person who has retired from service at age 50 or | 8 | | over with 20 or more years of
service and is entitled to | 9 | | receive a retirement annuity under this Article on
that date, | 10 | | or who retires from service at age 50 or over with 20 or more | 11 | | years
of service after that date, shall be $1,050 per month.
| 12 | | Beginning January 1, 2016, the minimum retirement annuity | 13 | | payable to any person who has retired from service at age 50 or | 14 | | over with 20 or more years of service and is entitled to | 15 | | receive a retirement annuity under this Article on that date, | 16 | | or who retires from service at age 50 or over with 20 or more | 17 | | years of service after that date, shall be no less than 125% of | 18 | | the Federal Poverty Level. | 19 | | Beginning January 1, 2019, 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 | 24 | | years of service after that date, shall be no less than 150% of | 25 | | the Federal Poverty Level. | 26 | | For purposes of this Section, the "Federal Poverty Level" |
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| 1 | | shall be determined pursuant to the poverty guidelines updated | 2 | | periodically in the Federal Register by the United States | 3 | | Department of Health and Human Services under the authority of | 4 | | 42 U.S.C. 9902(2). | 5 | | The minimum annuities established by this subsection (a) do | 6 | | include
previous raises in the minimum annuity as provided by | 7 | | any Section of this
Article, but do not include any sums which | 8 | | have been added or will be added
to annuity payments by the | 9 | | automatic annual increases provided by Sections
6-164 and | 10 | | 6-164.1. Such annual increases shall be paid in addition to the
| 11 | | minimum amounts specified in this subsection.
| 12 | | (b) Notwithstanding any other provision of this Article, | 13 | | beginning
January 1, 1990, the minimum retirement annuity | 14 | | payable to any person who
is entitled to receive a retirement | 15 | | annuity under this Article on that date
shall be $475 per | 16 | | month.
| 17 | | (c) The changes made to this Section by this amendatory Act | 18 | | of the
93rd General Assembly apply to all persons receiving a | 19 | | retirement
annuity under this Article, without regard to | 20 | | whether the retirement of the
fireman occurred prior to the | 21 | | effective date of this amendatory Act.
| 22 | | (Source: P.A. 99-506, eff. 5-30-16.)
| 23 | | (40 ILCS 5/6-128.4)
(from Ch. 108 1/2, par. 6-128.4)
| 24 | | Sec. 6-128.4. Minimum widow's annuities.
| 25 | | (a) Notwithstanding any other provision of this Article, |
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| 1 | | beginning
January 1, 1996, the minimum amount of widow's | 2 | | annuity payable to any person
who is entitled to receive a | 3 | | widow's annuity under this Article is $700 per
month, without | 4 | | regard to whether the deceased fireman is in service on or | 5 | | after
the effective date of this amendatory Act of 1995.
| 6 | | (b) Notwithstanding Section 6-128.3, beginning January 1, | 7 | | 1994, the
minimum widow's annuity under this Article shall be | 8 | | $700 per month for (1) all
persons receiving widow's annuities | 9 | | on that date who are survivors of employees
who retired at age | 10 | | 50 or over with at least 20 years of service, and (2)
persons | 11 | | who become eligible for widow's annuities and are survivors of
| 12 | | employees who retired at age 50 or over with at least 20 years | 13 | | of service.
| 14 | | (c) Notwithstanding Section 6-128.3, beginning January 1, | 15 | | 1999, the
minimum widow's annuity under this Article shall be | 16 | | $800 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
| 20 | | employees who retired at age 50 or over with at least 20 years | 21 | | of service.
| 22 | | (d) Notwithstanding Section 6-128.3, beginning January 1, | 23 | | 2004, the
minimum widow's annuity under this Article shall be | 24 | | $900 per month for all
persons receiving widow's annuities on | 25 | | or after that date, without regard to
whether the deceased | 26 | | fireman is in service on or after the effective date of
this |
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| 1 | | amendatory Act of the 93rd General Assembly.
| 2 | | (e) Notwithstanding Section 6-128.3, beginning January 1, | 3 | | 2005, the
minimum widow's annuity under this Article shall be | 4 | | $1,000 per month for all
persons receiving widow's annuities on | 5 | | or after that date, without regard to
whether the deceased | 6 | | fireman is in service on or after the effective date of
this | 7 | | amendatory Act of the 93rd General Assembly.
| 8 | | (f) Notwithstanding Section 6-128.3, beginning January 1, | 9 | | 2017, the minimum widow's annuity under this Article shall be | 10 | | no less than 125% of the Federal Poverty Level for all persons | 11 | | receiving widow's annuities on or after that date, without | 12 | | regard to whether the deceased fireman is in service on or | 13 | | after the effective date of this amendatory Act of the 99th | 14 | | General Assembly. | 15 | | (g) Notwithstanding Section 6-128.3, beginning January 1, | 16 | | 2019, the minimum widow's annuity under this Article shall be | 17 | | no less than 150% of the Federal Poverty Level for all persons | 18 | | receiving widow's annuities on or after that date, without | 19 | | regard to whether the deceased fireman is in service on or | 20 | | after the effective date of this amendatory Act of the 100th | 21 | | General Assembly. | 22 | | (h) For purposes of this Section, "Federal Poverty Level" | 23 | | means the poverty guidelines applicable to an individual in a | 24 | | single-person household located in Illinois, as updated | 25 | | periodically in the Federal Register by the United States | 26 | | Department of Health and Human Services under the authority of |
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| 1 | | 42 U.S.C. 9902(2). | 2 | | (Source: P.A. 99-905, eff. 11-29-16.)
| 3 | | Section 90. The State Mandates Act is amended by adding | 4 | | Section 8.42 as follows: | 5 | | (30 ILCS 805/8.42 new) | 6 | | Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8 | 7 | | of this Act, no reimbursement by the State is required for the | 8 | | implementation of any mandate created by this amendatory Act of | 9 | | the 100th General Assembly.
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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