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90_HB0345eng
40 ILCS 5/5-114 from Ch. 108 1/2, par. 5-114
30 ILCS 805/8.21 new
Amends the Chicago Police Article of the Pension Code.
Changes the definition of salary to include duty availability
allowance payments. Amends the State Mandates Act to require
implementation without reimbursement. Effective immediately.
LRB9002049EGfg
HB0345 Engrossed LRB9002049EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 5-114 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 5-114 as follows:
7 (40 ILCS 5/5-114) (from Ch. 108 1/2, par. 5-114)
8 Sec. 5-114. Salary. "Salary":
9 (a) Annual salary, provided that $2,600 shall be the
10 maximum amount of salary to be considered for any purpose
11 under this Act prior to July 1, 1927.
12 (b) Annual salary, provided that $3,000 shall be the
13 maximum amount of salary to be considered for any purpose
14 under this Act from July 1, 1927 to July 1, 1931.
15 (c) Annual salary, provided that the annual salary shall
16 be considered for age and service annuity, minimum annuity
17 and disability benefits and $3,000 shall be the maximum
18 amount of salary to be considered for prior service annuity,
19 widow's annuity, widow's prior service annuity and child's
20 annuity from July 1, 1931 to July 1, 1933.
21 (d) Beginning July 1, 1933, annual salary of a policeman
22 appropriated for members of his rank or grade in the city's
23 annual budget or appropriation bill, subject to the
24 following:
25 (1) For age and service annuity, minimum annuity
26 and disability benefits, the amount of annual salary
27 without limitation.;
28 (2) For prior service annuity, widow's annuity,
29 widow's prior service annuity and child's annuity from
30 July 1, 1933 to July 1, 1957, the amount of annual salary
31 up to a maximum of $3,000; beginning July 1, 1957, for
HB0345 Engrossed -2- LRB9002049EGfg
1 such annuities, the amount of annual salary without
2 limitation.
3 (3) When the salary appropriated is for a definite
4 period of service of less than 12 months in any one year,
5 disability benefits shall be computed on a daily wage
6 basis computed by dividing the amount appropriated by
7 365.
8 (e) For a policeman assigned to a non-civil service
9 position as provided in Section 5-174 from and after January
10 1, 1970, (with the hereinafter stated excess not considered
11 as salary for any purpose of this Article for any of the
12 years prior to 1970 except to the extent provided by the
13 election in Section 5-174), annual salary means the total
14 salary derived from appropriations applicable to the civil
15 service rank plus the excess over such amount paid for
16 service in the non-civil service position.
17 (f) Beginning July 1, 1996, the salary of a policeman,
18 as calculated under subsection (d), shall include any duty
19 availability allowance received by the policeman.
20 An active or former policeman who (1) either retired
21 between July 1, 1994 and June 30, 1996, both inclusive, or
22 attains or will attain age 50 and 20 years of service between
23 July 1, 1996 and June 30, 1999, both inclusive, and (2)
24 received a duty availability allowance at any time during the
25 2 years immediately preceding July 1, 1996 may elect to have
26 that duty availability allowance included in the calculation
27 of his or her salary under subsection (d) for all or any
28 portion of that 2-year period for which the allowance was
29 received, by applying in writing and paying to the Fund, no
30 earlier than March 1, 1997 and no later than September 1,
31 1997, the corresponding employee contribution, without
32 interest. This subsection (f) applies without regard to
33 whether the applicant terminated service or began to receive
34 a retirement annuity before the effective date of this
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1 amendatory Act of 1997. In the case of a person who is
2 receiving a retirement annuity at the time the application
3 and contribution are received by the Fund, the annuity shall
4 be recalculated and the resulting increase shall become
5 payable on the next annuity payment date following the date
6 the contribution is received by the Fund.
7 (Source: P.A. 81-1536.)
8 Section 90. The State Mandates Act is amended by adding
9 Section 8.21 as follows:
10 (30 ILCS 805/8.21 new)
11 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
12 and 8 of this Act, no reimbursement by the State is required
13 for the implementation of any mandate created by this
14 amendatory Act of 1997.
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.