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91_SB0243
LRB9102114EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 9-146.1.
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 9-146.1 as follows:
7 (40 ILCS 5/9-146.1) (from Ch. 108 1/2, par. 9-146.1)
8 Sec. 9-146.1. Minimum annuities for widows. The widow of
9 an employee who retires from service or dies while in the
10 service subsequent to June 11, 1965, who is otherwise
11 eligible for widow's annuity under this Article and for whom
12 the amount of widow's annuity and widow's prior service
13 annuity combined, fixed or provided for such widow under
14 other provisions of this Article 9 is less than the amount
15 hereinafter provided in this Section, shall, from and after
16 the date her otherwise provided annuity would begin, in lieu
17 of such otherwise provided widow's and widow's prior service
18 annuity, be entitled to the following indicated amount of
19 annuity:
20 (a) The widow, of any employee who dies while in the
21 service on or after the date on which he attains the age of
22 60 or more years with at least 20 years of service, or 10 or
23 more years of service if death occurs on or after attainment
24 of age 65 and on or after January 1, 1982, shall be entitled
25 to an annuity equal to one-half of the amount of annuity
26 which her deceased husband would have been entitled to
27 receive had he withdrawn from the service on the day
28 immediately preceding the date of his death, conditional upon
29 such widow having attained the age of 60 or more years on
30 such date. Such amount of widow's annuity shall not, however,
31 exceed the sum of $500 a month if death in service occurs
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1 before July 1, 1985.
2 If such widow of such described employee shall not be 60
3 or more years of age on such date of death, the amount
4 provided in the immediately preceding paragraph for a widow
5 60 or more years of age, shall, in the case of such younger
6 widow, be reduced by 1/2 of 1 per cent for each month that
7 her then attained age is less than 60 years; except that such
8 younger widow of an employee who dies while in service on or
9 after July 1, 1985 with at least 30 years of service, shall
10 not be subject to the reduction in widow's annuity because of
11 her age less than 60 on the date of the employee's death.
12 (b) The widow, of any employee who dies subsequent to
13 the date of his retirement on annuity, and who so retired on
14 or after the date on which he attained the age of 60 or more
15 years with at least 20 years of service, or 10 or more years
16 of service if retirement occurs on or after attainment of age
17 65 and on or after January 1, 1982, shall be entitled to an
18 annuity equal to one-half of the amount of annuity which her
19 deceased husband received as of the date of his retirement on
20 annuity, conditional upon such widow having attained the age
21 of 60 or more years on the date of her husband's retirement
22 on annuity. Such amount of widow's annuity shall not,
23 however, exceed the sum of $500 a month if the death occurs
24 before the effective date of this amendatory Act of 1991.
25 If such widow of such described employee shall not have
26 attained such age of 60 or more years on such date of her
27 husband's retirement on annuity, the amount provided in the
28 immediately preceding paragraph for a widow 60 or more years
29 of age on the date of her husband's retirement on annuity,
30 shall, in the case of such then younger widow, be reduced by
31 1/2 of 1 per cent for each month that her then attained age
32 was less than 60 years; except that such younger widow of an
33 employee retiring on or after July 1, 1985 with at least 30
34 years of service, shall not be subject to the reduction in
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1 widow's annuity because of her age less than 60 on the date
2 of the employee's retirement.
3 (c) The foregoing provisions relating to minimum
4 annuities for widows shall not apply to the widow of any
5 former county employee receiving an annuity from the Fund on
6 June 11, 1965, who re-enters service as a county employee,
7 unless such employee renders at least 3 years of additional
8 service after the date of re-entry.
9 (d) An annuity being paid to a surviving spouse on
10 January 1, 1984 shall be increased by 10% and shall
11 thereafter be paid at the increased rate until the
12 termination of the annuity by death or other cause. The
13 annuity for a qualifying widow shall not exceed $500 per
14 month.
15 (e) The widow of any employee who dies while in service
16 on or after July 1, 1985 but prior to January 1, 1988, and
17 the widow of an employee who retires on or after July 1, 1985
18 but prior to January 1, 1988 with at least 10 years of
19 service, and the widow of an employee who retires on or after
20 January 1, 1984 but prior to July 1, 1985 with at least 30
21 years of service, shall be entitled to an annuity equal to
22 one-half of the amount of annuity which her deceased husband
23 would have received had he retired immediately prior to his
24 death or one-half the amount of the originally granted
25 retirement annuity, whichever is applicable. Such widow's
26 annuity will be reduced 0.5% for each month that the widow's
27 attained age is less than age 60 on the date of the
28 employee's death in service or retirement if the employee's
29 death in service or retirement is before January 1, 1988;
30 except that such younger widow of an employee with at least
31 30 years of service shall not be subject to the reduction in
32 widow's annuity because of her age less than 60 on the date
33 of the employee's death in service or retirement.
34 The widow of an employee who dies in service on or after
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1 January 1, 1988, or retires on or after January 1, 1988 with
2 at least 10 years of service, shall be entitled to an annuity
3 equal to 1/2 of the amount of annuity which her deceased
4 husband would have received had he retired immediately prior
5 to his death or 1/2 of the amount of the annuity which her
6 deceased husband received as of the date of his death,
7 whichever is applicable. Such widow's annuity shall be
8 reduced 0.5% for each month that the widow's attained age is
9 less than age 60 on the date of the employee's death if
10 employee's death in service or retirement is after January 1,
11 1988; except that such younger widow of an employee with at
12 least 30 years of service shall not be subject to the
13 reduction in widow's annuity because of her age on the date
14 of the employee's death.
15 In lieu of any other annuity provided by this Article,
16 the widow of an employee who dies in service on or after
17 January 1, 1992, or retires on or after January 1, 1992 with
18 at least 10 years of service, shall be entitled to an annuity
19 equal to 1/2 of the amount of annuity which her deceased
20 husband would have received had he retired immediately prior
21 to his death or 1/2 of the amount of the annuity which her
22 deceased husband received as of the date of his death,
23 whichever is applicable. Such widow's annuity shall be
24 reduced 0.5% for each month that the widow's attained age is
25 less than age 55 on the date of the employee's death; except
26 that such younger widow of an employee with at least 30 years
27 of service shall not be subject to the reduction in widow's
28 annuity because of her age on the date of the employee's
29 death.
30 In lieu of any other annuity provided by this Article,
31 the widow of an employee who dies in service or withdraws
32 from service on or after January 1, 1992 but before January
33 1, 1993 at age 55 or over with at least 5 but less than 10
34 years of service, shall be entitled to an annuity equal to
-5- LRB9102114EGfg
1 half of the amount of annuity which her deceased husband
2 would have received had he retired immediately prior to his
3 death or half of the amount of the annuity which her deceased
4 husband received as of the date of his death, whichever is
5 applicable. This widow's annuity shall be reduced 0.5% for
6 each month that the widow's attained age is less than 60 on
7 the date of the employee's death.
8 However, in the case of an employee dying in service, the
9 amount of widow's annuity shall not be less than 10% of the
10 highest average annual salary for any 4 consecutive years
11 within the last 10 years of service immediately preceding the
12 date of withdrawal. The maximum amount of annuity under this
13 paragraph shall not be limited to a dollar maximum. The
14 provisions of this paragraph shall not apply to the widow of
15 any former County employee receiving an annuity from the fund
16 who re-enters service as a County employee, unless such
17 employee renders at least 3 years of additional service after
18 the date of re-entry.
19 (f) An annuity being paid to a surviving spouse on July
20 1, 1988, shall be increased on that date by 1% for each full
21 year that has elapsed from the date the annuity began.
22 (g) In lieu of any other annuity provided under this
23 Article, if the deceased employee was receiving a retirement
24 annuity at the time of his death and that death occurs on or
25 after January 1, 1993, the widow's annuity shall be 50% of
26 the deceased employee's retirement annuity at the time of
27 death, reduced by 0.5% for each month that the widow's age on
28 the date of death is less than 55, except that the reduction
29 does not apply if the deceased employee had at least 30 years
30 of service.
31 (h) In lieu of any other annuity provided under this
32 Article, the widow of an employee who dies in service on or
33 after January 1, 2000 or has at least 10 years of service and
34 dies on or after January 1, 2000 while receiving an annuity
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1 shall be entitled to a widow's annuity equal to 60% of the
2 amount of annuity which her deceased husband would have
3 received had he retired immediately prior to his death or 60%
4 of the amount of the annuity which her deceased husband
5 received as of the date of his death, whichever is
6 applicable. This widow's annuity shall be reduced by 0.5%
7 for each month that the widow's age on the date of the
8 employee's death is less than 55, unless the deceased husband
9 had at least 30 years of service.
10 (Source: P.A. 86-273; 87-794; 87-1265.)
11 Section 90. The State Mandates Act is amended by adding
12 Section 8.23 as follows:
13 (30 ILCS 805/8.23 new)
14 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
15 and 8 of this Act, no reimbursement by the State is required
16 for the implementation of any mandate created by this
17 amendatory Act of the 91st General Assembly.
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.