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[ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_SB0063eng 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. SRS90S0005MNbm SB63 Engrossed SRS90S0005MNbm 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 SB63 Engrossed -2- SRS90S0005MNbm 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 SB63 Engrossed -3- SRS90S0005MNbm 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.