State of Illinois
92nd General Assembly
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92_HB4061

 
                                               LRB9213977EGfg

 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 5-114 as follows:

 6        (40 ILCS 5/5-114) (from Ch. 108 1/2, par. 5-114)
 7        Sec. 5-114. Salary.  "Salary":
 8        (a)  Annual salary, provided that  $2,600  shall  be  the
 9    maximum  amount  of  salary  to be considered for any purpose
10    under this Act prior to July 1, 1927.
11        (b)  Annual salary, provided that  $3,000  shall  be  the
12    maximum  amount  of  salary  to be considered for any purpose
13    under this Act from July 1, 1927 to July 1, 1931.
14        (c)  Annual salary, provided that the annual salary shall
15    be considered for age and service  annuity,  minimum  annuity
16    and  disability  benefits  and  $3,000  shall  be the maximum
17    amount of salary to be considered for prior service  annuity,
18    widow's  annuity,  widow's  prior service annuity and child's
19    annuity from July 1, 1931 to July 1, 1933.
20        (d)  Beginning July 1, 1933, annual salary of a policeman
21    appropriated for members of his rank or grade in  the  city's
22    annual   budget   or   appropriation  bill,  subject  to  the
23    following:
24             (1)  For age and service  annuity,  minimum  annuity
25        and  disability  benefits,  the  amount  of annual salary
26        without limitation.
27             (2)  For prior  service  annuity,  widow's  annuity,
28        widow's  prior  service  annuity and child's annuity from
29        July 1, 1933 to July 1, 1957, the amount of annual salary
30        up to a maximum of $3,000; beginning July  1,  1957,  for
31        such  annuities,  the  amount  of  annual  salary without
 
                            -2-                LRB9213977EGfg
 1        limitation.
 2             (3)  When the salary appropriated is for a  definite
 3        period of service of less than 12 months in any one year,
 4        disability  benefits  shall  be  computed on a daily wage
 5        basis computed by dividing  the  amount  appropriated  by
 6        365.
 7        (e)  For  a  policeman  assigned  to  a non-civil service
 8    position as provided in Section 5-174 from and after  January
 9    1,  1970,  (with the hereinafter stated excess not considered
10    as salary for any purpose of this  Article  for  any  of  the
11    years  prior  to  1970  except  to the extent provided by the
12    election in Section 5-174), annual  salary  means  the  total
13    salary  derived  from  appropriations applicable to the civil
14    service rank plus  the  excess  over  such  amount  paid  for
15    service  in  the  non-civil service position.  However, for a
16    policeman first assigned  to  a  non-civil  service  position
17    after  December  31, 2002, the annual salary for the purposes
18    of this Article shall not exceed  the  maximum  annual  civil
19    service salary for persons holding the rank of captain.
20        (f)  Beginning   January   1,   1998,  the  salary  of  a
21    policeman, as calculated under subsection (d), shall  include
22    any duty availability allowance received by the policeman.
23        An  active  or  former  policeman  who (1) either retired
24    between July 1, 1994 and December 31, 1997,  both  inclusive,
25    or  attained  or  will  attain age 50 and 20 years of service
26    between July 1, 1994 and January 1, 2002, both inclusive, and
27    (2) received a duty availability allowance at any time  after
28    June  30,  1994  and before January 1, 1998 may elect to have
29    that duty availability allowance included in the  calculation
30    of  his  or  her  salary  under subsection (d) for all or any
31    portion of that period for which the allowance was  received,
32    by  applying  in  writing  and paying to the Fund, no earlier
33    than January 1, 1998 and no later  than  July  1,  1998,  the
34    corresponding   employee   contribution,   without  interest.
 
                            -3-                LRB9213977EGfg
 1    Thereafter   the   City   shall   make   its    corresponding
 2    contribution, without interest.
 3        This subsection (f) applies without regard to whether the
 4    applicant terminated service or began to receive a retirement
 5    annuity  before  the effective date of this amendatory Act of
 6    1997.  In the case of a person who is receiving a  retirement
 7    annuity  at  the  time  the  application and contribution are
 8    received by the Fund, the annuity shall be  recalculated  and
 9    the  resulting  increase  shall  become  payable  on the next
10    annuity payment date following the date the  contribution  is
11    received by the Fund.
12    (Source: P.A. 90-551, eff. 12-12-97.)

13        Section  99.  Effective date.  This Act takes effect upon
14    becoming law.

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