State of Illinois
92nd General Assembly
Legislation

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92_HB0413

 
                                               LRB9202003EGfg

 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 Sections 6-128, 6-140, 6-144, and 6-151 as follows:

 6        (40 ILCS 5/6-128) (from Ch. 108 1/2, par. 6-128)
 7        Sec. 6-128. Alternative annuity for future entrants.
 8        (a)  A future entrant who withdraws on or after July  21,
 9    1959,  after completing at least 23 years of service, and for
10    whom the annuity otherwise provided in this Article  is  less
11    than  that  stated  in  this  Section, has a right to receive
12    annuity as follows:
13        If he is age 53 or more on withdrawal, his annuity  after
14    withdrawal,  shall  be  equal  to  50%  of his average salary
15    determined by striking an average of  4  consecutive  highest
16    years   of  salary  within  the  last  10  years  of  service
17    immediately preceding the date of withdrawal.
18        An employee who reaches compulsory retirement age and who
19    has less than 23 years of service  shall  be  entitled  to  a
20    minimum  annuity equal to an amount determined by the product
21    of (1) his years of service and (2) 2% of his average  salary
22    for the 4 consecutive highest years of salary within the last
23    10  years  of  service  immediately  prior  to  his  reaching
24    compulsory retirement age.
25        An  employee  who remains in service after qualifying for
26    annuity under this Section shall have added to  this  annuity
27    an additional 1% of average salary for each completed year of
28    service or fraction thereof rendered until July 21, 1959, and
29    an  additional  1%  for  a total of 2% of average salary from
30    July 21, 1959.  Each future  entrant  who  has  completed  23
31    years  of  service before reaching age 53 shall have added to
 
                            -2-                LRB9202003EGfg
 1    this annuity 1% of average salary for each completed year  of
 2    service  or  fraction thereof in excess of 23 years up to age
 3    53. "Salary" as  referred  to  in  this  paragraph  shall  be
 4    determined  by  striking  an  average  of  the  4 consecutive
 5    highest years of salary within the last 10 years  of  service
 6    immediately preceding withdrawal.
 7        (b)  In  lieu  of  the  annuity provided in the foregoing
 8    provisions of this Section any future entrant  who  withdraws
 9    from  the  service either (i) after December 31, 1983 with at
10    least 22 years of service credit and having attained  age  52
11    in the service, or (ii) after December 31, 1984 with at least
12    21  years of service credit and having attained age 51 in the
13    service, or (iii) after December 31, 1985 with  at  least  20
14    years  of  service  credit  and having attained age 50 in the
15    service, or (iv) after December 31, 1990  with  at  least  20
16    years  of  service regardless of age, may elect to receive an
17    annuity, to begin not earlier than upon attainment of age  50
18    if  under  that  age  at withdrawal, computed as follows:  an
19    annuity equal to 50% of the average salary for the 4  highest
20    consecutive  years  of  the  last  10  years of service, plus
21    additional annuity equal to 2% of  such  average  salary  for
22    each  completed  year of service or fraction thereof rendered
23    after his completion  of  the  minimum  number  of  years  of
24    service required for him to be eligible under this subsection
25    (b).  However, the annuity provided under this subsection (b)
26    may  not  exceed  80%  75% of such average salary (75% if the
27    last day of service is before  the  effective  date  of  this
28    amendatory Act of the 92nd General Assembly).
29        (c)  For  the  purpose  of this Section, "average salary"
30    means the average of  the  highest  4  consecutive  years  of
31    salary within the last 10 years of service.
32    (Source: P.A. 86-1488.)

33        (40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
 
                            -3-                LRB9202003EGfg
 1        Sec. 6-140.  Death in line of duty.
 2        (a)  The  annuity  for the widow of a fireman whose death
 3    results from the performance of an act or acts of duty  shall
 4    be  an amount equal to the following specified percentage 50%
 5    of the current  annual  salary  attached  to  the  classified
 6    position  to  which  the fireman was certified at the time of
 7    his death:  (i) 50% if the death  occurs  before  January  1,
 8    1973; (ii) and 75% if the death occurs thereof after December
 9    31, 1972 and before the effective date of this amendatory Act
10    of  the  92nd  General  Assembly;, and (iii) 80% if the death
11    occurs on or after the effective date of this amendatory  Act
12    of  the  92nd  General  Assembly.   The  annuity  it shall be
13    payable to the widow until the fireman, had he  lived,  would
14    have attained the age prescribed for compulsory retirement.
15        Thereafter  the  widow shall receive annuity of an amount
16    equal to 40% of the current annual  salary  attached  to  the
17    classified position to which the fireman was certified at the
18    time  of  his  death.   The benefits provided in this Section
19    shall be paid to all widows who  qualified  to  receive  said
20    benefits before the effective date of this amendatory Act and
21    to those widows who qualify after the effective date.
22        (b)  Unless  the  performance  of  an act or acts of duty
23    results directly in the death of the fireman, or prevents him
24    from  subsequently  resuming  active  service  in  the   fire
25    department,  the  annuity  herein provided shall not be paid;
26    nor shall such annuities be paid unless  the  widow  was  the
27    wife  of  the  fireman at the time of the act or acts of duty
28    which resulted in his death.
29    (Source: P. A. 77-1580.)

30        (40 ILCS 5/6-144) (from Ch. 108 1/2, par. 6-144)
31        Sec. 6-144. Maximum annuity to fireman.   No  annuity  in
32    excess  of  80% (75% if the last day of service is before the
33    effective date of this amendatory Act  of  the  92nd  General
 
                            -4-                LRB9202003EGfg
 1    Assembly)  of  the  highest  salary  received  by the fireman
 2    concerned shall be granted or  paid  to  him  except  to  the
 3    extent that the annuity may exceed that amount such 75% under
 4    the provisions of Section 6-164 of this Article.
 5    (Source: P. A. 77-1353.)

 6        (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
 7        Sec. 6-151.  Duty disability.
 8        (a)  An  active  fireman who is or becomes disabled on or
 9    after the effective date as the result of a specific  injury,
10    or  of  cumulative injuries, or of specific sickness incurred
11    in or resulting from an act or acts of duty, shall  have  the
12    right to receive duty disability benefit during any period of
13    such disability for which he does not receive or have a right
14    to receive salary, equal to 80% 75% of his salary at the time
15    the  disability  is allowed (75% if the disability is allowed
16    before the effective date of this amendatory Act of the  92nd
17    General  Assembly).    However, beginning January 1, 1994, no
18    duty disability benefit that  has  been  payable  under  this
19    Section  for  at least 10 years shall be less than 50% of the
20    current salary attached from time to time  to  the  rank  and
21    grade held by the fireman at the time of his removal from the
22    Department   payroll,  regardless  of  whether  that  removal
23    occurred before the effective date of this amendatory Act  of
24    1993.
25        (b)  Whenever  an active fireman is or becomes so injured
26    or sick, as to require medical  or  hospital  attention,  the
27    chief  officer of the fire department of the city shall file,
28    or cause to be filed, with the board a report of  the  nature
29    and cause of his disability, together with the certificate or
30    report  of  the  physician  attending  or  treating,  or  who
31    attended  or  treated the fireman, and a copy of any hospital
32    record concerning the disability.  Any injury or sickness not
33    reported to the board in time to permit the board's physician
 
                            -5-                LRB9202003EGfg
 1    to examine the fireman before his recovery, and any injury or
 2    sickness for which  a  physician's  report  or  copy  of  the
 3    hospital  record  is  not on file with the board shall not be
 4    considered for the payment of duty disability benefit.
 5        (c)  Such fireman shall also receive a child's disability
 6    benefit of $30 per month on account of each unmarried  child,
 7    the  issue  of the fireman or legally adopted by him prior to
 8    the date of disability, who is less than 18 years of  age  or
 9    handicapped  and dependent upon the fireman for support.  The
10    total amount of child's disability benefit shall  not  exceed
11    25% of his salary at the time the disability is allowed.
12        (d)  The  first  payment  of  duty  disability or child's
13    disability benefit shall be made not  later  than  one  month
14    after  the benefit is granted.  Each subsequent payment shall
15    be made not later than one month after the date of the latest
16    payment.
17        Duty disability  benefit  shall  be  payable  during  the
18    period of the disability until the fireman reaches the age of
19    compulsory  retirement.   Child's disability benefit shall be
20    paid to such a fireman during the period of disability  until
21    such  child  or  children attain age 18 or marries, whichever
22    event occurs first; except that attainment of  age  18  by  a
23    child  who  is so physically or mentally handicapped as to be
24    dependent upon the fireman for support, shall not render  the
25    child ineligible for child's disability benefit.  The fireman
26    shall  thereafter  receive  such  annuity or annuities as are
27    provided for him in accordance with other provisions of  this
28    Article.
29    (Source: P.A. 88-528.)

30        Section  90.  The State Mandates Act is amended by adding
31    Section 8.25 as follows:

32        (30 ILCS 805/8.25 new)
 
                            -6-                LRB9202003EGfg
 1        Sec. 8.25. Exempt mandate.   Notwithstanding  Sections  6
 2    and  8 of this Act, no reimbursement by the State is required
 3    for  the  implementation  of  any  mandate  created  by  this
 4    amendatory Act of the 92nd General Assembly.

 5        Section 99. Effective date.  This Act takes  effect  upon
 6    becoming law.

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