State of Illinois
90th General Assembly
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90_SB1824

      40 ILCS 5/5-114           from Ch. 108 1/2, par. 5-114
          Amends the Chicago Police Article of the Pension Code  to
      limit  the  salary  for  pension  purposes  of  persons first
      appointed to non-civil service positions after  December  31,
      1998   to   the   highest  civil  service  captain's  salary.
      Effective immediately.
                                                     LRB9009020EGfg
                                               LRB9009020EGfg
 1        AN ACT to amend the Illinois  Pension  Code  by  changing
 2    Section 5-114.
 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
                            -2-                LRB9009020EGfg
 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.   However,  for  a
17    policeman  first  assigned  to  a  non-civil service position
18    after December 31, 1998, the annual salary for  the  purposes
19    of  this  Article  shall  not exceed the maximum annual civil
20    service salary for persons holding the rank of captain.
21        (f)  Beginning  January  1,  1998,  the   salary   of   a
22    policeman,  as calculated under subsection (d), shall include
23    any duty availability allowance received by the policeman.
24        An active or former  policeman  who  (1)  either  retired
25    between  July  1, 1994 and December 31, 1997, both inclusive,
26    or attained or will attain age 50 and  20  years  of  service
27    between July 1, 1994 and January 1, 2002, both inclusive, and
28    (2)  received a duty availability allowance at any time after
29    June 30, 1994 and before January 1, 1998 may  elect  to  have
30    that  duty availability allowance included in the calculation
31    of his or her salary under subsection  (d)  for  all  or  any
32    portion  of that period for which the allowance was received,
33    by applying in writing and paying to  the  Fund,  no  earlier
34    than  January  1,  1998  and  no later than July 1, 1998, the
                            -3-                LRB9009020EGfg
 1    corresponding  employee   contribution,   without   interest.
 2    Thereafter    the   City   shall   make   its   corresponding
 3    contribution, without interest.
 4        This subsection (f) applies without regard to whether the
 5    applicant terminated service or began to receive a retirement
 6    annuity before the effective date of this amendatory  Act  of
 7    1997.   In the case of a person who is receiving a retirement
 8    annuity at the time  the  application  and  contribution  are
 9    received  by  the Fund, the annuity shall be recalculated and
10    the resulting increase  shall  become  payable  on  the  next
11    annuity  payment  date following the date the contribution is
12    received by the Fund.
13    (Source: P.A. 90-551, eff. 12-12-97.)
14        Section 99. Effective date.  This Act takes  effect  upon
15    becoming law.

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