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90_HB2832
40 ILCS 5/6-164 from Ch. 108 1/2, par. 6-164
30 ILCS 805/8.22 new
Amends the Chicago Firefighter Article of the Pension
Code. For firemen born after 1944 and before 1950 who
withdraw from service on or after the effective date of this
amendatory Act, accelerates the automatic annual increase to
age 55, increases it to 3%, and removes the 30% maximum.
Amends the State Mandates Act to require implementation
without reimbursement. Effective immediately.
LRB9009441EGfg
LRB9009441EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 6-164 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 6-164 as follows:
7 (40 ILCS 5/6-164) (from Ch. 108 1/2, par. 6-164)
8 Sec. 6-164. Automatic annual increase; retirement after
9 September 1, 1959.
10 (a) A fireman qualifying for a minimum annuity who
11 retires from service after September 1, 1959 shall, upon
12 either the first of the month following the first anniversary
13 of his date of retirement if he is age 60 (age 55 if born
14 before January 1, 1950 1945) or over on that anniversary
15 date, or upon the first of the month following his attainment
16 of age 60 (age 55 if born before January 1, 1950 1945) if
17 that occurs after the first anniversary of his retirement
18 date, have his then fixed and payable monthly annuity
19 increased by 1 1/2%, and such first fixed annuity as granted
20 at retirement increased by an additional 1 1/2% in January of
21 each year thereafter up to a maximum increase of 30%.
22 Beginning July 1, 1982 for firemen born before January 1,
23 1930, and beginning January 1, 1990 for firemen born after
24 December 31, 1929 and before January 1, 1940, and beginning
25 January 1, 1996 for firemen born after December 31, 1939 but
26 before January 1, 1950 1945, such increases shall be 3% and
27 such firemen shall not be subject to the 30% maximum
28 increase.
29 Any fireman born before January 1, 1950 1945 who
30 qualifies for a minimum annuity and retires after September
31 1, 1967 but has not received the initial increase under this
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1 subsection before January 1, 1996 is entitled to receive the
2 initial increase under this subsection on (1) January 1,
3 1996, (2) the first anniversary of the date of retirement, or
4 (3) attainment of age 55, whichever occurs last. The changes
5 to this Section made by this amendatory Act of 1995 apply
6 beginning January 1, 1996 and apply without regard to whether
7 the fireman or annuitant terminated service before the
8 effective date of this amendatory Act of 1995.
9 (b) Subsection (a) of this Section is not applicable to
10 an employee receiving a term annuity.
11 (c) To help defray the cost of such increases in
12 annuity, there shall be deducted, beginning September 1,
13 1959, from each payment of salary to a fireman, 1/8 of 1% of
14 each such salary payment and an additional 1/8 of 1%
15 beginning on September 1, 1961, and September 1, 1963,
16 respectively, concurrently with and in addition to the salary
17 deductions otherwise made for annuity purposes.
18 Each such additional 1/8 of 1% deduction from salary
19 which shall, on September 1, 1963, result in a total increase
20 of 3/8 of 1% of salary, shall be credited to the Automatic
21 Increase Reserve, to be used, together with city
22 contributions as provided in this Article, to defray the cost
23 of the 1 1/2% annuity increments herein specified. Any
24 balance in such reserve as of the beginning of each calendar
25 year shall be credited with interest at the rate of 3% per
26 annum.
27 The salary deductions provided in this Section are not
28 subject to refund, except to the fireman himself, in any case
29 in which a fireman withdraws prior to qualification for
30 minimum annuity and applies for refund, or applies for
31 annuity, and also where a term annuity becomes payable. In
32 such cases, the total of such salary deductions shall be
33 refunded to the fireman, without interest, and charged to the
34 aforementioned reserve.
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1 (Source: P.A. 89-136, eff. 7-14-95.)
2 Section 90. The State Mandates Act is amended by adding
3 Section 8.22 as follows:
4 (30 ILCS 805/8.22 new)
5 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
6 and 8 of this Act, no reimbursement by the State is required
7 for the implementation of any mandate created by this
8 amendatory Act of 1998.
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.