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90_SB0752
40 ILCS 5/4-109.1 from Ch. 108 1/2, par. 4-109.1
40 ILCS 5/4-109.2 from Ch. 108 1/2, par. 4-109.2
40 ILCS 5/4-113 from Ch. 108 1/2, par. 4-113
30 ILCS 805/8.21 new
Amends the Downstate Firefighter Article of the Illinois
Pension Code to provide a compounded 3% annual increase in
certain disability and survivor pensions. Increases the
minimum retirement, survivor, and disability pensions.
Amends the State Mandates Act to require implementation
without reimbursement. Effective immediately.
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LRB9000408EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 4-109.1, 4-109.2, and 4-113 and to amend the State
3 Mandates Act.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Pension Code is amended by
7 changing Sections 4-109.1, 4-109.2, and 4-113 as follows:
8 (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
9 Sec. 4-109.1. Increase in pension.
10 (a) Except as provided in subsection (e), the monthly
11 pension of a firefighter who retires after July 1, 1971 and
12 prior to January 1, 1986, shall, upon either the first of the
13 month following the first anniversary of the date of
14 retirement if 60 years of age or over at retirement date, or
15 upon the first day of the month following attainment of age
16 60 if it occurs after the first anniversary of retirement, be
17 increased by 2% of the originally granted monthly pension and
18 by an additional 2% in each January thereafter. Effective
19 January 1976, the rate of the annual increase shall be 3% of
20 the originally granted monthly pension.
21 (b) The monthly pension of a firefighter who retired
22 from service with 20 or more years of service, on or before
23 July 1, 1971, shall be increased, in January of the year
24 following the year of attaining age 65 or in January 1972, if
25 then over age 65, by 2% of the originally granted monthly
26 pension, for each year the firefighter received pension
27 payments. In each January thereafter, he or she shall receive
28 an additional increase of 2% of the original monthly pension.
29 Effective January 1976, the rate of the annual increase shall
30 be 3%.
31 (c) On January 1, 1998, or the January 1 next following
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1 the first anniversary of the granting of the disability
2 pension, whichever occurs later, each disability pension paid
3 under this Article that has not previously been increased
4 under this Section shall be increased by an amount equal to
5 3% of the originally granted monthly pension for each full
6 year that has elapsed since the pension began. Beginning
7 January 1, 1998, or the January 1 next following the granting
8 of the initial increase under this Section, whichever occurs
9 later, each disability pension payable under this Article
10 shall be increased by 3% of the current amount of the
11 pension, including the previous increases under this Article,
12 on each January 1 after the date of the initial increase
13 under this Section. The increases provided under this
14 subsection (c) are not subject to any limitation on the
15 maximum amount of a disability benefit imposed under Section
16 4-110 or 4-110.1.
17 The monthly pension of a firefighter who is receiving a
18 disability pension under this Article shall be increased, in
19 January of the year following the year the firefighter
20 attains age 60, or in January 1974, if then over age 60, by
21 2% of the originally granted monthly pension for each year he
22 or she received pension payments. In each January
23 thereafter, the firefighter shall receive an additional
24 increase of 2% of the original monthly pension. Effective
25 January 1976, the rate of the annual increase shall be 3%.
26 (d) The monthly pension of a firefighter who retires
27 after January 1, 1986, shall, upon either the first of the
28 month following the first anniversary of the date of
29 retirement if 55 years of age or over at retirement date, or
30 upon the first day of the month following attainment of age
31 55 if it occurs after the first anniversary of retirement, be
32 increased by 3% of the originally granted monthly pension for
33 each full year that has elapsed since the pension began, and
34 by an additional 3% in each January thereafter.
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1 (e) Notwithstanding the provisions of
2 subsection (a), upon the first day of the month following (1)
3 the first anniversary of the date of retirement, or (2) the
4 attainment of age 55, or (3) July 1, 1987, whichever occurs
5 latest, the monthly pension of a firefighter who retired on
6 or after January 1, 1977 and on or before January 1, 1986 and
7 did not receive an increase under subsection (a) before July
8 1, 1987, shall be increased by 3% of the originally granted
9 monthly pension for each full year that has elapsed since the
10 pension began, and by an additional 3% in each January
11 thereafter. The increases provided under this subsection are
12 in lieu of the increases provided in subsection (a).
13 (f) On January 1, 1998, or the January 1 next following
14 the first anniversary of the granting of the survivor's
15 pension, whichever occurs later, each survivor's pension paid
16 under Section 4-114 shall be increased by 3% of the
17 originally granted monthly pension for each full year that
18 has elapsed since the pension began, and it shall be
19 increased by 3% of the current amount of the pension,
20 including any previous increases under this Article, on each
21 January 1 thereafter. The increases provided under this
22 subsection (f) are not subject to any limitation on the
23 maximum amount of a survivor's pension imposed under Section
24 4-114.
25 (Source: P.A. 85-941.)
26 (40 ILCS 5/4-109.2) (from Ch. 108 1/2, par. 4-109.2)
27 Sec. 4-109.2. Minimum pension.
28 (a) Beginning January 1, 1984, the minimum disability
29 pension granted under Section 4-110 or 4-111, the minimum
30 surviving spouse's pension, and the minimum retirement
31 pension granted to a firefighter with 20 or more years of
32 creditable service, shall be $300 per month, without regard
33 to whether the death, disability or retirement of the
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1 firefighter occurred prior to that date.
2 Beginning July 1, 1987, the minimum retirement pension
3 payable to a firefighter with 20 or more years of creditable
4 service, the minimum disability pension payable under Section
5 4-110 or 4-111, and the minimum surviving spouse's pension
6 shall be $400 per month, without regard to whether the death,
7 retirement or disability of the firefighter occurred prior to
8 that date.
9 Beginning July 1, 1993, the minimum retirement pension
10 payable to a firefighter with 20 or more years of creditable
11 service and the minimum surviving spouse's pension shall be
12 $475 per month, without regard to whether the firefighter was
13 in service on or after the effective date of this amendatory
14 Act of 1993.
15 Beginning January 1, 1998, the minimum retirement pension
16 payable to a firefighter with 20 or more years of creditable
17 service, the minimum disability pension payable under Section
18 4-110 or 4-111, and the minimum surviving spouse's pension
19 shall be $1000 per month, without regard to whether the
20 firefighter was in service on or after the effective date of
21 this amendatory Act of 1997.
22 (b) Beginning January 1, 1998, the amount of a surviving
23 spouse's pension payable under Section 4-114 shall not be
24 less than the amount of the retirement pension the deceased
25 firefighter was receiving, or would have been entitled to
26 receive had he retired, on the date of death, including any
27 increases in that retirement pension under Section 4-109.1
28 received by the firefighter before his or her death. This
29 subsection (b) applies without regard to whether the deceased
30 firefighter was in service on or after the effective date of
31 this amendatory Act of 1997.
32 (Source: P.A. 87-1265.)
33 (40 ILCS 5/4-113) (from Ch. 108 1/2, par. 4-113)
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1 Sec. 4-113. Disability pension option.
2 (a) A firefighter who has not completed 20 years of
3 creditable service and is receiving a disability pension
4 under this Article whose disability continues for a period
5 which when added to his or her period of active service
6 equals 20 years may, if age 50 or over, elect to retire from
7 the fire service by submitting written application to the
8 board. A firefighter exercising such option shall be entitled
9 to continue to receive a retirement pension equal in amount
10 to the disability pension he or she was entitled to as a
11 disabled firefighter on the date he or she was removed from
12 the municipality's payroll for disability. A firefighter
13 electing to exercise such option shall be entitled to the
14 automatic increase in pension provided under subsection (a)
15 or (d) of Section 4-109.1.
16 (b) A firefighter who is receiving a disability pension
17 under this Article who has sufficient creditable service to
18 qualify for a retirement pension and is age 50 or more may
19 elect to permanently retire from the fire service at any time
20 by submitting written application to the board. The salary
21 to be used in the determination of such firefighter's pension
22 shall be based on the salary attached to the rank held by the
23 firefighter in the fire service at the date of the election
24 to retire. All other conditions in the computation of the
25 pension shall be based upon the provisions of Section 4-109
26 which were applicable to the firefighter while he or she was
27 in active service as an employee. A firefighter electing to
28 exercise such option shall be entitled to the automatic
29 increase in pension provided under subsection (a) or (d) of
30 Section 4-109.1.
31 (Source: P.A. 83-1440.)
32 Section 90. The State Mandates Act is amended by adding
33 Section 8.21 as follows:
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1 (30 ILCS 805/8.21 new)
2 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
3 and 8 of this Act, no reimbursement by the State is required
4 for the implementation of any mandate created by this
5 amendatory Act of 1997.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.