State of Illinois
92nd General Assembly
Legislation

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92_HB0194

 
                                               LRB9201937EGfg

 1        AN ACT in relation to public employee benefits.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Pension  Code  is  amended  by
 5    changing Section 4-109.1 as follows:

 6        (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
 7        Sec. 4-109.1.  Increase in pension.
 8        (a)  Except  as  provided  in subsection (e), the monthly
 9    pension of a firefighter who retires after July 1,  1971  and
10    prior to January 1, 1986, shall, upon either the first of the
11    month   following  the  first  anniversary  of  the  date  of
12    retirement if 60 years of age or over at retirement date,  or
13    upon  the  first day of the month following attainment of age
14    60 if it occurs after the first anniversary of retirement, be
15    increased by 2% of the originally granted monthly pension and
16    by an additional 2% in each  January  thereafter.   Effective
17    January  1976, the rate of the annual increase shall be 3% of
18    the originally granted monthly pension.
19        (b)  The monthly pension of  a  firefighter  who  retired
20    from  service  with 20 or more years of service, on or before
21    July 1, 1971, shall be increased,  in  January  of  the  year
22    following the year of attaining age 65 or in January 1972, if
23    then  over  age  65,  by 2% of the originally granted monthly
24    pension, for  each  year  the  firefighter  received  pension
25    payments.    In  each  January  thereafter,  he  or she shall
26    receive an additional increase of 2% of the original  monthly
27    pension.   Effective  January  1976,  the  rate of the annual
28    increase shall be 3%.
29        (c)  The  monthly  pension  of  a  firefighter   who   is
30    receiving  a  disability  pension under this Article shall be
31    increased, in January of the  year  following  the  year  the
 
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 1    firefighter  attains age 60, or in January 1974, if then over
 2    age 60, by 2% of the originally granted monthly  pension  for
 3    each  year  he  or  she  received  pension payments.  In each
 4    January  thereafter,  the  firefighter   shall   receive   an
 5    additional  increase  of  2% of the original monthly pension.
 6    Effective January 1976, the rate of the annual increase shall
 7    be 3%.
 8        (c-1)  On  January  1,  1998,  every  child's  disability
 9    benefit payable on that date under Section 4-110  or  4-110.1
10    shall  be  increased  by an amount equal to 1/12 of 3% of the
11    amount of the benefit, multiplied by the number of months for
12    which the benefit  has  been  payable.   On  each  January  1
13    thereafter,  every  child's  disability benefit payable under
14    Section 4-110 or 4-110.1 shall be  increased  by  3%  of  the
15    amount of the benefit then being paid, including any previous
16    increases  received  under this Article.  These increases are
17    not subject to any limitation on the maximum  benefit  amount
18    included in Section 4-110 or 4-110.1.
19        (c-2)  On January 1, 2002, every pension payable to or on
20    behalf of a minor or disabled surviving child that is payable
21    on  that  date  under  Section 4-114 shall be increased by an
22    amount equal to 1/12 of 3% of  the  amount  of  the  pension,
23    multiplied  by the number of months for which the benefit has
24    been payable.  On each January 1  thereafter,  every  pension
25    payable  to  or  on  behalf  of a minor or disabled surviving
26    child that is payable under Section 4-114 shall be  increased
27    by 3% of the amount of the pension then being paid, including
28    any  previous  increases  received under this Article.  These
29    increases are not subject to any limitation  on  the  maximum
30    benefit amount included in Section 4-114.
31        (d)  The  monthly  pension  of  a firefighter who retires
32    after January 1, 1986, shall, upon either the  first  of  the
33    month   following  the  first  anniversary  of  the  date  of
34    retirement if 55 years of age or over, or upon the first  day
 
                            -3-                LRB9201937EGfg
 1    of  the  month  following  attainment  of age 55 if it occurs
 2    after the first anniversary of retirement,  be  increased  by
 3    1/12 of 3% of the originally granted monthly pension for each
 4    full  month  that has elapsed since the pension began, and by
 5    an additional 3% in each January thereafter.
 6        The  changes  made  to  this  subsection  (d)   by   this
 7    amendatory  Act  of  the  91st  General Assembly apply to all
 8    initial increases that become payable under  this  subsection
 9    on  or  after  January  1,  1999.  All initial increases that
10    became payable under this subsection on or after  January  1,
11    1999  and  before  the  effective date of this amendatory Act
12    shall be recalculated and the additional amount accruing  for
13    that  period,  if any, shall be payable to the pensioner in a
14    lump sum.
15        (e)  Notwithstanding the provisions  of  subsection  (a),
16    upon  the  first  day  of  the  month following (1) the first
17    anniversary of the date of retirement, or (2) the  attainment
18    of  age 55, or (3) July 1, 1987, whichever occurs latest, the
19    monthly pension of a firefighter  who  retired  on  or  after
20    January  1, 1977 and on or before January 1, 1986 and did not
21    receive an increase under subsection (a) before July 1, 1987,
22    shall be increased by 3% of the  originally  granted  monthly
23    pension for each full year that has elapsed since the pension
24    began,  and  by  an additional 3% in each January thereafter.
25    The increases provided under this subsection are in  lieu  of
26    the increases provided in subsection (a).
27    (Source: P.A. 90-32, eff. 6-27-97; 91-466, eff. 8-6-99.)

28        Section  90.  The State Mandates Act is amended by adding
29    Section 8.25 as follows:

30        (30 ILCS 805/8.25 new)
31        Sec. 8.25. Exempt mandate.   Notwithstanding  Sections  6
32    and  8 of this Act, no reimbursement by the State is required
 
                            -4-                LRB9201937EGfg
 1    for  the  implementation  of  any  mandate  created  by  this
 2    amendatory Act of the 92nd General Assembly.

 3        Section 99. Effective date.  This Act takes  effect  upon
 4    becoming law.

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