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| [ Introduced ] | [ House Amendment 001 ] |
92_HB2691eng HB2691 Engrossed LRB9202367EGmg 1 AN ACT in relation to pensions. 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 adding Section 5-129.1 and changing Section 5-144 as follows: 6 (40 ILCS 5/5-129.1 new) 7 Sec. 5-129.1. Withdrawal at mandatory retirement age - 8 amount of annuity. 9 (a) In lieu of any annuity provided in the other 10 provisions of this Article, a policeman who is required to 11 withdraw from service due to attainment of mandatory 12 retirement age and has less than 20 years of service credit 13 may elect to receive an annuity equal to 30% of average 14 salary for the first 10 years of service plus 2% of average 15 salary for each completed year of service or fraction thereof 16 in excess of 10, but not to exceed a maximum of 48% of 17 average salary. 18 (b) For the purpose of this Section, "average salary" 19 means the average of the highest 4 consecutive years of 20 salary within the last 10 years of service, or such shorter 21 period as may be used to calculate a minimum retirement 22 annuity under Section 5-132. 23 (c) For the purpose of qualifying for the annual 24 increases provided in Section 5-167.1, a policeman whose 25 retirement annuity is calculated under this Section shall be 26 deemed to qualify for a minimum annuity. 27 (40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144) 28 Sec. 5-144. Death from injury in the performance of acts 29 of duty; compensation annuity and supplemental annuity. 30 (a) Beginning January 1, 1986, and without regard to HB2691 Engrossed -2- LRB9202367EGmg 1 whether or not the annuity in question began before that 2 date, if the annuity for the widow of a policeman whose 3 death, on or after January 1, 1940, results from injury 4 incurred in the performance of an act or acts of duty, is not 5 equal to the sum hereinafter stated, "compensation annuity" 6 equal to the difference between the annuity and an amount 7 equal to 75% of the policeman's salary attached to the 8 position he held by certification and appointment as a result 9 of competitive civil service examination that would 10 ordinarily have been paid to him as though he were in active 11 discharge of his duties shall be payable to the widow until 12 the policeman, had he lived, would have attained age 63. The 13 total amount of the widow's annuity and children's awards 14 payable to the family of such policeman shall not exceed the 15 amounts stated in Section 5-152. 16 The provisions of this Section, as amended by Public Act 17 84-1104, including the reference to the date upon which the 18 deceased policeman would have attained age 63, shall apply to 19 all widows of policemen whose death occurs on or after 20 January 1, 1940 due to injury incurred in the performance of 21 an act of duty, regardless of whether such death occurred 22 prior to September 17, 1969. For those widows of policemen 23 that died prior to September 17, 1969, who became eligible 24 for compensation annuity by the action of Public Act 84-1104, 25 such compensation annuity shall begin and be calculated from 26 January 1, 1986. The provisions of this amendatory Act of 27 1987 are intended to restate and clarify the intent of Public 28 Act 84-1104, and do not make any substantive change. 29 (b) Upon termination of the compensation annuity, 30 "supplemental annuity" shall become payable to the widow, 31 equal to the difference between the annuity for the widow and 32 an amount equal to 75%50%of the annual salary (including 33 all salary increases and longevity raises) that the policeman 34 would have been receiving when he attained age 63 if the HB2691 Engrossed -3- LRB9202367EGmg 1 policeman had continued in service at the same rank (whether 2 career service or exempt) that he last held in the police 3 department. The increase in supplemental annuity resulting 4 from this amendatory Act of the 92nd General Assembly19955 applies without regard to whether the deceased policeman was 6 in service on or after the effective date of this amendatory 7 Act and is payable from January 1, 20021996or the date upon 8 which the supplemental annuity begins, whichever is later. 9 (c) Neither compensation nor supplemental annuity shall 10 be paid unless the death of the policeman was a direct result 11 of the injury, or the injury was of such character as to 12 prevent him from subsequently resuming service as a 13 policeman; nor shall compensation or supplemental annuity be 14 paid unless the widow was the wife of the policeman when the 15 injury occurred. 16 (Source: P.A. 89-12, eff. 4-20-95.) 17 Section 90. The State Mandates Act is amended by adding 18 Section 8.26 as follows: 19 (30 ILCS 805/8.26 new) 20 Sec. 8.26. Exempt mandate. Notwithstanding Sections 6 21 and 8 of this Act, no reimbursement by the State is required 22 for the implementation of any mandate created by this 23 amendatory Act of the 92nd General Assembly. 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.