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90_SB1817
40 ILCS 5/5-132 from Ch. 108 1/2, par. 5-132
40 ILCS 5/5-148 from Ch. 108 1/2, par. 5-148
30 ILCS 805/8.22 new
Amends the Chicago Police Article of the Pension Code to
provide an increase in the retirement benefit formula.
Changes the maximum annuity from 75% to 80% of average
salary. Provides for 2.5% (rather than 2%) of average salary
for each year of service beyond 20. Applies to persons
withdrawing from service after December 31, 1998. Amends the
State Mandates Act to require implementation without
reimbursement. Effective immediately.
LRB9009016EGfg
LRB9009016EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 5-132 and 5-148 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 Sections 5-132 and 5-148 as follows:
7 (40 ILCS 5/5-132) (from Ch. 108 1/2, par. 5-132)
8 Sec. 5-132. Minimum annuity.
9 (A) Any policeman who withdraws on or after July 8,
10 1957, or any policeman transferred to the police service of
11 the city under the Exchange of Functions Act of 1957 who
12 withdraws on or after July 17, 1959, after completing at
13 least 20 years of service, for whom the annuity otherwise
14 provided in this Article is less than that stated in this
15 Section, has a right to receive annuity as follows:
16 (a) If he is age 55 or more on withdrawal, his
17 annuity after such withdrawal, shall be equal to 2% of
18 the average salary for 4 consecutive years of highest
19 salaries within the last 10 years of service before
20 withdrawal, for each year of service, together with 1/6
21 of 1% of such average salary for each complete month of
22 service of each fractional year, but not in excess of 75%
23 of the average annual salary.
24 (b) If he is age 50 or more but less than age 55 on
25 withdrawal, his annuity shall be equal to 2% of the
26 average salary for the 4 highest consecutive years of the
27 last 10 years of service for each year of service,
28 together with 1/16 of 1% of such average salary for each
29 month of each fractional year of service, reduced by 1/2
30 of 1% for each month that he is less than age 55.
31 (c) If he is less than age 50 on withdrawal, he
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1 may, upon attainment of age 50 or over, become entitled
2 to the annuity provided in this Section or, he may, upon
3 application before age 50, receive a refund of the
4 deductions from salary, plus interest at 1 1/2% per annum
5 if he is entitled to refund under Section 5-163.
6 (d) In lieu of the annuity provided in the
7 foregoing provisions of this Section 5-132 any policeman
8 who withdraws from the service after December 31, 1973,
9 after having attained age 53 in the service with 23 or
10 more years of service credit shall be entitled to an
11 annuity computed as follows if such annuity is greater
12 than that provided in the foregoing paragraphs of this
13 Section 5-132: An annuity equal to 50% of the average
14 salary for the 4 highest consecutive years of the last 10
15 years of service plus additional annuity equal to 2% of
16 such average salary for each completed year of service or
17 fraction thereof rendered after his attainment of age 53
18 and the completion of 23 years of service.
19 Any policeman who has completed 23 years of service
20 prior to his attainment of age 53 in the service and
21 continues in the service until his attainment of age 53
22 shall have added to his annuity, computed as provided in
23 the immediately preceding paragraph, an additional
24 annuity equal to 1% of such average salary for each
25 completed year of service or fraction thereof in excess
26 of 23 years up to age 53.
27 (e) In lieu of the annuity provided in the
28 foregoing provisions of this Section, any policeman who
29 withdraws from the service either (i) after December 31,
30 1983 with at least 22 years of service credit and having
31 attained age 52 in the service, or (ii) after December
32 31, 1984 with at least 21 years of service credit and
33 having attained age 51 in the service, or (iii) after
34 December 31, 1985 with at least 20 years of service
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1 credit and having attained age 50 in the service, or (iv)
2 after December 31, 1990, with at least 20 years of
3 service credit regardless of age, shall be entitled to an
4 annuity to begin not earlier than upon attainment of age
5 50 if under such age at withdrawal, computed as follows:
6 an annuity equal to 50% of the average salary for the 4
7 highest consecutive years of the last 10 years of
8 service, plus additional annuity equal to 2% of such
9 average salary for each completed year of service or
10 fraction thereof rendered after his completion of the
11 minimum number of years of service required for him to be
12 eligible under this subsection (e). However, the annuity
13 provided under this subsection (e) may not exceed 75% of
14 such average salary.
15 (f) In lieu of the annuity provided in the
16 foregoing provisions of this Section, a policeman who
17 withdraws from the service after December 31, 1998 with
18 at least 20 years of service credit may elect to receive
19 an annuity, to begin not earlier than upon attainment of
20 age 50 if under that age at withdrawal, equal to 50% of
21 average salary plus 2.5% of average salary for each
22 completed year of service or fraction thereof in excess
23 of 20, but not to exceed a maximum of 80% of average
24 salary.
25 (B) A policeman withdrawing after September 1, 1969,
26 may, in addition, be entitled to the benefits provided by
27 Section 5-167.1 of this Article if he so qualifies under that
28 Section.
29 (C) If, on withdrawal, total service is less than 20
30 years, the policeman shall not be entitled to an annuity
31 under this Section but may receive an annuity under the other
32 provisions of this Article or, if entitled thereto under
33 Section 5-163, a refund of the deductions from salary,
34 including, in the case of policemen transferred to the police
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1 service of the city under the Exchange of Functions Act of
2 1957, the additional contribution paid on salary received
3 from August 1, 1957, to July 17, 1959, as provided in the
4 Park Policemen's Annuity Act, together with interest at 1
5 1/2% per annum.
6 Moneys voluntarily contributed under the Policemen's
7 Annuity and Benefit Fund Act of the Illinois Municipal Code,
8 or the Park Policemen's Annuity Act, shall be refunded to the
9 contributing policemen who were in service on January 1,
10 1954, or in the case of policemen transferred to the police
11 service of the city under the Exchange of Functions Act of
12 1957, who were in service on July 17, 1959.
13 The age and service annuity formula in this Section shall
14 not apply to any policeman who, having retired before July 8,
15 1957, or before July 17, 1959, in the case of a policeman
16 transferred under the provisions of the Exchange of Functions
17 Act of 1957, re-enters the police service after such dates,
18 whichever are applicable.
19 (D) For the purpose of this Section, "average salary"
20 means the average of the highest 4 consecutive years of
21 salary within the last 10 years of service.
22 (Source: P.A. 86-1488.)
23 (40 ILCS 5/5-148) (from Ch. 108 1/2, par. 5-148)
24 Sec. 5-148. Maximum annuities. No annuity in excess of
25 75% of the highest salary considered for annuity purposes in
26 accordance with this Article (80% in the case of a policeman
27 whose annuity is calculated under subdivision (A)(f) of
28 Section 5-132) shall be payable to a policeman, or to the
29 widow of a policeman whose death results from injury incurred
30 in the performance of an act of duty. No amount of annuity
31 in excess of $500 per month shall be payable to the widow of
32 a policeman whose death results from any cause other than
33 injury incurred in the performance of an act of duty, except
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1 as provided in Section 5-136.1.
2 If, when a policeman's annuity is fixed, there is to his
3 credit, for such annuity, an amount in excess of that
4 necessary to provide an annuity of 75% of his highest salary
5 (80% in the case of a policeman whose annuity is calculated
6 under subdivision (A)(f) of Section 5-132), 7/24 of such
7 excess shall be refunded if the policeman is a future
8 entrant; and if he is a present employee, there shall be
9 refunded, a part of such excess amount proportionately equal
10 to that part of the entire amount to his credit for such
11 annuity purposes, which the sum that has resulted from salary
12 deductions bears to such entire amount.
13 Until January 1, 1986, if, when a widow's annuity is
14 fixed, there is to the policeman's credit, for widow's
15 annuity, an amount in excess of that necessary to provide an
16 annuity of $500 per month, 1/3 of such excess shall be
17 refunded to the policeman if he is a future entrant; and, if
18 he is a present employee, there shall be refunded a part of
19 such excess amount proportionately equal to that part of the
20 entire amount to his credit for such annuity purposes which
21 the sum that has resulted from employee contributions bears
22 to such entire amount. If the widow's annuity is fixed on or
23 after January 1, 1986, no refund of excess contributions
24 shall be made under this paragraph.
25 Until January 1, 1986, if at the time of the death of a
26 policeman resulting from injury incurred in the performance
27 of an act of duty, there is to his credit, for widow's
28 annuity, an amount in excess of that necessary to provide an
29 annuity of 75% of his highest salary, or $500 per month if
30 death results from any other cause, 1/3 of such excess shall
31 be refunded to his widow if he was a future entrant; and, if
32 he was a present employee, there shall be refunded to his
33 widow a part of such excess amount proportionately equal to
34 that part of the entire amount to his credit for such annuity
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1 purposes which the sum that has resulted from employee's
2 contributions bears to such entire amount. If employee dies
3 in service on or after January 1, 1986, no refund of excess
4 contributions shall be made under this paragraph.
5 This amendatory Act of 1972 does not increase the amount
6 of any widow's annuity which is fixed before the effective
7 date of this amendatory Act of 1972.
8 (Source: P.A. 84-1104.)
9 Section 90. The State Mandates Act is amended by adding
10 Section 8.22 as follows:
11 (30 ILCS 805/8.22 new)
12 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
13 and 8 of this Act, no reimbursement by the State is required
14 for the implementation of any mandate created by this
15 amendatory Act of 1998.
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.