[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB2760
40 ILCS 5/3-112 from Ch. 108 1/2, par. 3-112
30 ILCS 805/8.22 new
Amends the Downstate Police Article of the Pension Code
to incrementally increase the minimum survivor's pension, up
to $1000 per month beginning January 1, 2002. Amends the
State Mandates Act to require implementation without
reimbursement. Effective immediately.
LRB9010373EGfg
LRB9010373EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 3-112 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 3-112 as follows:
7 (40 ILCS 5/3-112) (from Ch. 108 1/2, par. 3-112)
8 Sec. 3-112. Pension to survivors.
9 (a) Upon the death of a police officer entitled to a
10 pension under Section 3-111, the surviving spouse shall be
11 entitled to the pension to which the police officer was then
12 entitled. Upon the death of the surviving spouse, or upon
13 the remarriage of the surviving spouse if that remarriage
14 terminates the surviving spouse's eligibility under Section
15 3-121, the police officer's unmarried children who are under
16 age 18 or who are dependent because of physical or mental
17 disability shall be entitled to equal shares of such pension.
18 If there is no eligible surviving spouse and no eligible
19 child, the dependent parent or parents of the officer shall
20 be entitled to receive or share such pension until their
21 death or marriage or remarriage after the death of the police
22 officer.
23 (b) Upon the death of a police officer while in service,
24 having at least 20 years of creditable service, or upon the
25 death of a police officer who retired from service with at
26 least 20 years of creditable service, whether death occurs
27 before or after attainment of age 50, the pension earned by
28 the police officer as of the date of death as provided in
29 Section 3-111 shall be paid to the survivors in the sequence
30 provided in subsection (a) of this Section.
31 (c) Upon the death of a police officer while in service,
-2- LRB9010373EGfg
1 having at least 10 but less than 20 years of service, a
2 pension of 1/2 of the salary attached to the rank or ranks
3 held by the officer for one year immediately prior to death
4 shall be payable to the survivors in the sequence provided in
5 subsection (a) of this Section. If death occurs as a result
6 of the performance of duty, the 10 year requirement shall not
7 apply and the pension to survivors shall be payable after any
8 period of service.
9 (d) Beginning July 1, 1987, a minimum pension of $400
10 per month shall be paid to all surviving spouses, without
11 regard to the fact that the death of the police officer
12 occurred prior to that date.
13 Beginning on the first day of the month following the
14 month in which this amendatory Act of 1998 takes effect, a
15 minimum pension of $600 per month shall be paid to all
16 surviving spouses, without regard to the fact that the death
17 of the police officer occurred prior to that date.
18 Beginning January 1, 1999, a minimum pension of $700 per
19 month shall be paid to all surviving spouses, without regard
20 to the fact that the death of the police officer occurred
21 prior to that date.
22 Beginning January 1, 2000, a minimum pension of $800 per
23 month shall be paid to all surviving spouses, without regard
24 to the fact that the death of the police officer occurred
25 prior to that date.
26 Beginning January 1, 2001, a minimum pension of $900 per
27 month shall be paid to all surviving spouses, without regard
28 to the fact that the death of the police officer occurred
29 prior to that date.
30 Beginning January 1, 2002, a minimum pension of $1000 per
31 month shall be paid to all surviving spouses, without regard
32 to the fact that the death of the police officer occurred
33 prior to that date.
34 (Source: P.A. 89-408, eff. 11-15-95.)
-3- LRB9010373EGfg
1 Section 90. The State Mandates Act is amended by adding
2 Section 8.22 as follows:
3 (30 ILCS 805/8.22 new)
4 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
5 and 8 of this Act, no reimbursement by the State is required
6 for the implementation of any mandate created by this
7 amendatory Act of 1998.
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.