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90_HB1091
40 ILCS 5/3-111 from Ch. 108 1/2, par. 3-111
40 ILCS 5/3-112 from Ch. 108 1/2, par. 3-112
40 ILCS 5/3-115 from Ch. 108 1/2, par. 3-115
40 ILCS 5/3-116 from Ch. 108 1/2, par. 3-116
40 ILCS 5/3-124.3 new
40 ILCS 5/3-130 from Ch. 108 1/2, par. 3-130
30 ILCS 805/8.21 new
Amends the Downstate Police Article of the Pension Code.
Requires that one-third of the employee contribution, along
with 20% of the fund's annual net investment earnings, be
placed into a health insurance reserve. Requires the board
to pay to the municipality from this reserve $150 per month
for each pensioner who participates in a group health benefit
plan provided by the municipality without medicare
eligibility, and $75 per month for each pensioner who
participates in a group health benefit plan provided by the
municipality with medicare eligibility. Increases the
minimum retirement and surviving spouse pensions from $400 to
$600 per month. Requires that persons be reinstated when no
longer disabled. Authorizes the board to require medical
examinations of disabled persons over the age of 50. Grants
paid time off for time spent in board meetings for active
participant members of the board. Amends the State Mandates
Act to require implementation without reimbursement.
Effective immediately.
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LRB9003996EGfg
1 AN ACT to amend the Illinois Pension Code and to amend
2 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 Sections 3-111, 3-112, 3-115, 3-116, and 3-130 and
7 adding Section 3-124.3 as follows:
8 (40 ILCS 5/3-111) (from Ch. 108 1/2, par. 3-111)
9 Sec. 3-111. Pension.
10 (a) A police officer age 50 or more with 20 or more
11 years of creditable service, who is no longer in service as a
12 police officer, shall receive a pension of 1/2 of the salary
13 attached to the rank held by the officer on the police force
14 for one year immediately prior to retirement or, beginning
15 July 1, 1987 for persons terminating service on or after that
16 date, the salary attached to the rank held on the last day of
17 service or for one year prior to the last day, whichever is
18 greater. The pension shall be increased by 2% of such salary
19 for each additional year of service over 20 years, up to 30
20 years, and 1% of such salary for each additional year of
21 service over 30 years, to a maximum of 75% of such salary.
22 No pension in effect on or granted after June 30, l973
23 shall be less than $200 per month. Beginning July 1, 1987,
24 the minimum retirement pension for a police officer having at
25 least 20 years of creditable service shall be $400 per month,
26 without regard to whether or not retirement occurred prior to
27 that date. Beginning July 1, 1997, the minimum retirement
28 pension for a police officer having at least 20 years of
29 creditable service shall be $600 per month, without regard to
30 whether or not retirement occurred prior to that date.
31 (b) A police officer mandatorily retired from service
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1 due to age by operation of law, having at least 8 but less
2 than 20 years of creditable service, shall receive a pension
3 equal to 2 1/2% of the salary attached to the rank he or she
4 held on the police force for one year immediately prior to
5 retirement or, beginning July 1, 1987 for persons terminating
6 service on or after that date, the salary attached to the
7 rank held on the last day of service or for one year prior to
8 the last day, whichever is greater, for each year of
9 creditable service.
10 A police officer who retires or is separated from service
11 having at least 8 years but less than 20 years of creditable
12 service, who is not mandatorily retired due to age by
13 operation of law, and who does not apply for a refund of
14 contributions at his or her last separation from police
15 service, shall receive a pension upon attaining age 60 equal
16 to 2.5% of the salary attached to the rank held by the police
17 officer on the police force for one year immediately prior to
18 retirement or, beginning July 1, 1987 for persons terminating
19 service on or after that date, the salary attached to the
20 rank held on the last day of service or for one year prior to
21 the last day, whichever is greater, for each year of
22 creditable service.
23 (Source: P.A. 85-941.)
24 (40 ILCS 5/3-112) (from Ch. 108 1/2, par. 3-112)
25 Sec. 3-112. Pension to survivors.
26 (a) Upon the death of a police officer entitled to a
27 pension under Section 3-111, the surviving spouse shall be
28 entitled to the pension to which the police officer was then
29 entitled. Upon the death of the surviving spouse, or upon
30 the remarriage of the surviving spouse if that remarriage
31 terminates the surviving spouse's eligibility under Section
32 3-121, the police officer's unmarried children who are under
33 age 18 or who are dependent because of physical or mental
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1 disability shall be entitled to equal shares of such pension.
2 If there is no eligible surviving spouse and no eligible
3 child, the dependent parent or parents of the officer shall
4 be entitled to receive or share such pension until their
5 death or marriage or remarriage after the death of the police
6 officer.
7 (b) Upon the death of a police officer while in service,
8 having at least 20 years of creditable service, or upon the
9 death of a police officer who retired from service with at
10 least 20 years of creditable service, whether death occurs
11 before or after attainment of age 50, the pension earned by
12 the police officer as of the date of death as provided in
13 Section 3-111 shall be paid to the survivors in the sequence
14 provided in subsection (a) of this Section.
15 (c) Upon the death of a police officer while in service,
16 having at least 10 but less than 20 years of service, a
17 pension of 1/2 of the salary attached to the rank or ranks
18 held by the officer for one year immediately prior to death
19 shall be payable to the survivors in the sequence provided in
20 subsection (a) of this Section. If death occurs as a result
21 of the performance of duty, the 10 year requirement shall not
22 apply and the pension to survivors shall be payable after any
23 period of service.
24 (d) Beginning July 1, 1987, a minimum pension of $400
25 per month shall be paid to all surviving spouses, without
26 regard to the fact that the death of the police officer
27 occurred prior to that date.
28 Beginning July 1, 1997, a minimum pension of $600 per
29 month shall be paid to all surviving spouses, without regard
30 to the fact that the death of the police officer occurred
31 prior to the effective date of this amendatory Act of 1997.
32 (Source: P.A. 89-408, eff. 11-15-95.)
33 (40 ILCS 5/3-115) (from Ch. 108 1/2, par. 3-115)
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1 Sec. 3-115. Certificate of disability. A disability
2 pension shall not be paid unless there is filed with the
3 board certificates of the police officer's disability,
4 subscribed and sworn to by the police officer if not under
5 legal disability, or by a representative if the officer is
6 under legal disability, and by the police surgeon (if there
7 be one) and 3 practicing physicians selected by the board.
8 The board may require other evidence of disability.
9 Medical examination of a police officer retired for
10 disability shall be made at least once each year prior to
11 attainment of age 50, as verification of the continuance of
12 disability for service as a police officer. The board may,
13 but need not, require an annual or periodic medical No
14 examination shall be required after age 50.
15 (Source: P.A. 83-1440.)
16 (40 ILCS 5/3-116) (from Ch. 108 1/2, par. 3-116)
17 Sec. 3-116. Examination and emergency service. A police
18 officer whose duty is suspended because of disability may be
19 summoned to appear before the board, and to submit to an
20 examination to determine fitness for duty. The officer shall
21 abide by the board's decision. If a police officer retired
22 for disability, except one who voluntarily retires after 20
23 years' service, is found upon medical examination to have
24 recovered from disability, the board shall certify to the
25 chief of police that the member is no longer disabled and is
26 able to resume the duties of his or her position. A police
27 officer who is certified as no longer disabled and able to
28 resume the duties of his or her position must be reinstated
29 in that position or a similar position in the police
30 department.
31 In case of emergency, a disabled police officer may be
32 assigned to and shall perform such duty without right to
33 compensation as the chief of police or chief officer of the
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1 municipality may direct.
2 (Source: P.A. 83-1440.)
3 (40 ILCS 5/3-124.3 new)
4 Sec. 3-124.3. Health insurance costs.
5 (a) The board of each fund shall establish a health
6 insurance reserve, which shall be known as the Retired and
7 Disabled Police Officer Health and Welfare Fund. The board
8 shall transfer into that reserve:
9 (1) Beginning January 1, 1998, a portion of all
10 employee contributions received by the fund, equal to 3%
11 of the salary of its active members; and
12 (2) at the end of each fiscal year, an amount equal
13 to 20% of the net investment earnings of the fund during
14 that fiscal year.
15 (b) Beginning January 1, 1999, the board shall pay out
16 of the health insurance reserve to the employing municipality
17 an amount equal to $75 per month for each recipient of a
18 disability, retirement, or survivor's pension from the fund
19 who participates in a group health benefit plan provided by
20 the municipality and is eligible to receive Medicare
21 benefits, and $150 per month for each recipient of a
22 disability, retirement, or survivor's pension from the fund
23 who participates in a group health benefit plan provided by
24 the municipality and is not eligible to receive Medicare
25 benefits, which payments shall be credited to the pensioner's
26 cost of participation in the health benefit plan.
27 (c) Payments under this Section are not intended to
28 constitute a pension or retirement benefit for the purposes
29 of Section 5 of Article XIII of the Illinois Constitution and
30 are subject to reduction or termination by the General
31 Assembly at any time.
32 (40 ILCS 5/3-130) (from Ch. 108 1/2, par. 3-130)
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1 Sec. 3-130. Board meetings. The board shall hold
2 annually regular quarterly meetings in July, October, January
3 and April, and special meetings as called by the president.
4 At the regular July meeting, the board shall select from
5 its members a president, vice-president, secretary, and
6 assistant secretary to serve for one year and until their
7 respective successors are elected and qualified.
8 The vice-president shall perform the duties of president
9 during any vacancy in that office, or during the president's
10 absence from the municipality, or if he or she is by reason
11 of illness or other causes unable to perform the duties of
12 the office.
13 The assistant secretary shall act for the secretary
14 whenever necessary to discharge the functions of such office.
15 The members of the board who are active participants
16 shall be given paid time off from their departmental duties
17 to attend meetings and hearings of the board.
18 (Source: P.A. 83-1440.)
19 Section 90. The State Mandates Act is amended by adding
20 Section 8.21 as follows:
21 (30 ILCS 805/8.21 new)
22 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
23 and 8 of this Act, no reimbursement by the State is required
24 for the implementation of any mandate created by this
25 amendatory Act of 1997.
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.