State of Illinois
90th General Assembly
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90_HB0119

      40 ILCS 5/6-128           from Ch. 108 1/2, par. 6-128
      30 ILCS 805/8.21 new
          Amends the Chicago Fire Article of the  Pension  Code  to
      increase  the  minimum  retirement formula.  Amends the State
      Mandates Act to require implementation without reimbursement.
      Effective immediately.
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 1        AN ACT to amend the Illinois  Pension  Code  by  changing
 2    Section 6-128 and to amend the State Mandates Act.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The  Illinois  Pension  Code  is  amended  by
 6    changing Section 6-128 as follows:
 7        (40 ILCS 5/6-128) (from Ch. 108 1/2, par. 6-128)
 8        Sec.  6-128.  (a)  A  future  entrant who withdraws on or
 9    after July 21, 1959, after completing at least  23  years  of
10    service,  and for whom the annuity otherwise provided in this
11    Article is less than that stated in this section, has a right
12    to receive annuity as follows:
13        If he is age 53 or more on withdrawal, his annuity  after
14    withdrawal,  shall  be  equal  to  50%  of his average salary
15    determined by striking an average of  4  consecutive  highest
16    years   of  salary  within  the  last  10  years  of  service
17    immediately preceding the date of withdrawal.
18        An employee who reaches compulsory retirement age and who
19    has less than 23 years of service  shall  be  entitled  to  a
20    minimum  annuity equal to an amount determined by the product
21    of (1) his years of service and (2) 2% of his average  salary
22    for the 4 consecutive highest years of salary within the last
23    10  years  of  service  immediately  prior  to  his  reaching
24    compulsory retirement age.
25        An  employee  who remains in service after qualifying for
26    annuity under this section shall have added to  this  annuity
27    an additional 1% of salary for each completed year of service
28    or  fraction  thereof  rendered  until  July 21, 1959, and an
29    additional 1% for a total of 2% of salary from July 21, 1959.
30    Each future entrant who has completed  23  years  of  service
31    before reaching age 53 shall have added to this annuity 1% of
                            -2-                LRB9000675EGfg
 1    salary for each completed year of service or fraction thereof
 2    in  excess  of 23 years up to age 53. "Salary" as referred to
 3    in this paragraph shall be determined by striking an  average
 4    of  the 4 consecutive highest years of salary within the last
 5    10 years of service immediately preceding withdrawal.
 6        (b)  In lieu of the annuity  provided  in  the  foregoing
 7    provisions  of  this Section any future entrant who withdraws
 8    from the service either (i) after December 31, 1983  with  at
 9    least  22  years of service credit and having attained age 52
10    in the service, or (ii) after December 31, 1984 with at least
11    21 years of service credit and having attained age 51 in  the
12    service,  or  (iii)  after December 31, 1985 with at least 20
13    years of service credit and having attained  age  50  in  the
14    service,  or  (iv)  after  December 31, 1990 with at least 20
15    years of service regardless of age, may elect to  receive  an
16    annuity,  to begin not earlier than upon attainment of age 50
17    if under that age at withdrawal,  computed  as  follows:   an
18    annuity  equal to 50% of the average salary for the 4 highest
19    consecutive years of the  last  10  years  of  service,  plus
20    additional  annuity  equal  to  2% of such average salary for
21    each completed year of service or fraction  thereof  rendered
22    after  his  completion  of  the  minimum  number  of years of
23    service required for him to be eligible under this subsection
24    (b).  However, the annuity provided under this subsection (b)
25    may not exceed 75% of such average salary.
26        (c)  In lieu of the annuity  provided  in  the  foregoing
27    provisions  of  this Section any future entrant who withdraws
28    from the service on or  after  the  effective  date  of  this
29    amendatory  Act  of  1997  with at least 20 years of service,
30    regardless of age, may elect to receive an annuity, to  begin
31    not  earlier than upon attainment of age 50 if under that age
32    at withdrawal, computed as follows: 50% of the average salary
33    for the 4 highest consecutive years of the last 10  years  of
34    service,  plus 2.5% of that average salary for each completed
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 1    year of service or remaining fraction thereof in excess of 20
 2    years of service, up to a maximum  annuity  of  75%  of  that
 3    average salary.
 4    (Source: P.A. 86-1488.)
 5        Section  90.  The State Mandates Act is amended by adding
 6    Section 8.21 as follows:
 7        (30 ILCS 805/8.21 new)
 8        Sec. 8.21. Exempt mandate.   Notwithstanding  Sections  6
 9    and  8 of this Act, no reimbursement by the State is required
10    for  the  implementation  of  any  mandate  created  by  this
11    amendatory Act of 1997.
12        Section 99. Effective date.  This Act takes  effect  upon
13    becoming law.

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