State of Illinois
90th General Assembly
Legislation

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90_HB1033

      40 ILCS 5/6-141.1         from Ch. 108 1/2, par. 6-141.1
      30 ILCS 805/8.21 new
          Amends the Chicago Firefighter  Article  of  the  Pension
      Code.   Provides  that  the  annuity  for  widows  of certain
      firefighters who die after separation from  service  with  at
      least  20  years of service but before receiving a retirement
      annuity shall be equal to 50% of the retirement annuity  that
      would have been payable had the deceased firefighter lived to
      age   50.      Amends  the  State  Mandates  Act  to  require
      implementation without reimbursement.  Effective immediately.
                                                     LRB9004121EGfg
                                               LRB9004121EGfg
 1        AN ACT to amend the Illinois  Pension  Code  by  changing
 2    Section 6-141.1 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 6-141.1 as follows:
 7        (40 ILCS 5/6-141.1) (from Ch. 108 1/2, par. 6-141.1)
 8        Sec. 6-141.1. Certain widows.
 9        (a)  Notwithstanding   the   other   provisions  of  this
10    Article, the widow of a fireman who dies on or after June 30,
11    1984, while receiving a retirement annuity or while an active
12    fireman with at least 1 1/2 years of creditable  service,  or
13    the widow of a fireman who dies after separation from service
14    with  at  least  20 years of service and before attainment of
15    age 50 if  separation  from  service  occurred  on  or  after
16    January  1,  1990,  may  elect  in  lieu of any other widow's
17    annuity under this Article to  have  the  amount  of  widow's
18    annuity calculated in accordance with this Section.
19        (b)  If the deceased fireman was an active fireman at the
20    time  of his death and had at least 1 1/2 years of creditable
21    service, the widow's annuity shall be the greater of (1)  30%
22    of the salary attached to the rank of first class firefighter
23    in the classified career service at the time of the fireman's
24    death,  or  (2)  50%  of  the retirement annuity the deceased
25    fireman would have been eligible to receive if he had retired
26    from service on the day before his death.
27        (c)  If the deceased fireman was receiving  a  retirement
28    annuity  at  the time of his death, the widow's annuity shall
29    be equal to 50% of the amount of such retirement  annuity  at
30    the time of the fireman's death.
31        (d)  If  the  deceased fireman dies after separation from
                            -2-                LRB9004121EGfg
 1    service  with  at  least  20  years  of  service  and  before
 2    receiving a retirement annuity beginning at age 50, the widow
 3    may elect a widow's annuity, payable beginning upon the  date
 4    the  deceased  fireman, had he lived, would have attained age
 5    50, which shall be  equal  to  50%  of  the  amount  of  such
 6    retirement  annuity the fireman would have received beginning
 7    at age 50.
 8    (Source: P.A. 84-11.)
 9        Section 90.  The State Mandates Act is amended by  adding
10    Section 8.21 as follows:
11        (30 ILCS 805/8.21 new)
12        Sec.  8.21.  Exempt  mandate.  Notwithstanding Sections 6
13    and 8 of this Act, no reimbursement by the State is  required
14    for  the  implementation  of  any  mandate  created  by  this
15    amendatory Act of 1997.
16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.

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