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92_SB0478 LRB9207605EGfg 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 11-145.1 as follows: 6 (40 ILCS 5/11-145.1) (from Ch. 108 1/2, par. 11-145.1) 7 Sec. 11-145.1. Minimum annuities for widows. 8 The widow otherwise eligible for widow's annuity under 9 other Sections of this Article 11, of an employee hereinafter 10 described, who retires from service or dies while in the 11 service subsequent to the effective date of this amendatory 12 provision, and for which widow the amount of widow's annuity 13 and widow's prior service annuity combined, fixed or provided 14 for such widow under other provisions of said Article 11 is 15 less than the amount hereinafter provided in this section, 16 shall, from and after the date her otherwise provided annuity 17 would begin, in lieu of such otherwise provided widow's and 18 widow's prior service annuity, be entitled to the following 19 indicated amount of annuity: 20 (a) The widow of any employee who dies while in service 21 on or after the date on which he attains age 60 if the death 22 occurs before July 1, 1990, or on or after the date on which 23 he attains age 55 if the death occurs on or after July 1, 24 1990, with at least 20 years of service, or on or after the 25 date on which he attains age 50 if the death occurs on or 26 after the effective date of this amendatory Act of 1997 with 27 at least 30 years of service, shall be entitled to an annuity 28 equal to one-half of the amount of annuity which her deceased 29 husband would have been entitled to receive had he withdrawn 30 from the service on the day immediately preceding the date of 31 his death, conditional upon such widow having attained age 60 -2- LRB9207605EGfg 1 on or before such date if the death occurs before July 1, 2 1990, or age 55 if the death occurs on or after July 1, 1990, 3 or age 50 if the death occurs on or after January 1, 1998 and 4 the employee is age 50 or over with at least 30 years of 5 service or age 55 or over with at least 25 years of service. 6 Except as provided in subsection (j), the widow's annuity 7 shall not, however, exceed the sum of $500 a month if the 8 employee's death in service occurs before January 23, 1987. 9 The widow's annuity shall not be limited to a maximum dollar 10 amount if the employee's death in service occurs on or after 11 January 23, 1987. 12 If the employee dies in service before July 1, 1990, and 13 if such widow of such described employee shall not be 60 or 14 more years of age on such date of death, the amount provided 15 in the immediately preceding paragraph for a widow 60 or more 16 years of age, shall, in the case of such younger widow, be 17 reduced by 0.25% for each month that her then attained age is 18 less than 60 years if the employee was born before January 1, 19 1936, or dies in service on or after January 1, 1988, or 0.5% 20 for each month that her then attained age is less than 60 21 years if the employee was born on or after January 1, 1936 22 and dies in service before January 1, 1988. 23 If the employee dies in service on or after July 1, 1990, 24 and if the widow of the employee has not attained age 55 on 25 or before the employee's date of death, the amount otherwise 26 provided in this subsection (a) shall be reduced by 0.25% for 27 each month that her then attained age is less than 55 years; 28 except that if the employee dies in service on or after 29 January 1, 1998 at age 50 or over with at least 30 years of 30 service or at age 55 or over with at least 25 years of 31 service, there shall be no reduction due to the widow's age 32 if she has attained age 50 on or before the employee's date 33 of death, and if the widow has not attained age 50 on or 34 before the employee's date of death the amount otherwise -3- LRB9207605EGfg 1 provided in this subsection (a) shall be reduced by 0.25% for 2 each month that her then attained age is less than 50 years. 3 (b) The widow of any employee who dies subsequent to the 4 date of his retirement on annuity, and who so retired on or 5 after the date on which he attained age 60 if retirement 6 occurs before July 1, 1990, or on or after the date on which 7 he attained age 55 if retirement occurs on or after July 1, 8 1990, with at least 20 years of service, or on or after the 9 date on which he attained age 50 if the retirement occurs on 10 or after the effective date of this amendatory Act of 1997 11 with at least 30 years of service, shall be entitled to an 12 annuity equal to one-half of the amount of annuity which her 13 deceased husband received as of the date of his retirement on 14 annuity, conditional upon such widow having attained age 60 15 on or before the date of her husband's retirement on annuity 16 if retirement occurs before July 1, 1990, or age 55 if 17 retirement occurs on or after July 1, 1990, or age 50 if the 18 retirement on annuity occurs on or after January 1, 1998 and 19 the employee is age 50 or over with at least 30 years of 20 service or age 55 or over with at least 25 years of service. 21 Except as provided in subsection (j), this widow's annuity 22 shall not, however, exceed the sum of $500 a month if the 23 employee's death occurs before January 23, 1987. The widow's 24 annuity shall not be limited to a maximum dollar amount if 25 the employee's death occurs on or after January 23, 1987, 26 regardless of the date of retirement; provided that, if 27 retirement was before January 23, 1987, the employee or 28 eligible spouse repays the excess spouse refund with interest 29 at the effective rate from the date of refund to the date of 30 repayment. 31 If the date of the employee's retirement on annuity is 32 before July 1, 1990, and if such widow of such described 33 employee shall not have attained such age of 60 or more years 34 on such date of her husband's retirement on annuity, the -4- LRB9207605EGfg 1 amount provided in the immediately preceding paragraph for a 2 widow 60 or more years of age on the date of her husband's 3 retirement on annuity, shall, in the case of such then 4 younger widow, be reduced by 0.25% for each month that her 5 then attained age was less than 60 years if the employee was 6 born before January 1, 1936, or withdraws from service on or 7 after January 1, 1988, or 0.5% for each month that her then 8 attained age was less than 60 years if the employee was born 9 on or after January 1, 1936 and withdraws from service before 10 January 1, 1988. 11 If the date of the employee's retirement on annuity is on 12 or after July 1, 1990, and if the widow of the employee has 13 not attained age 55 by the date of the employee's retirement 14 on annuity, the amount otherwise provided in this subsection 15 (b) shall be reduced by 0.25% for each month that her then 16 attained age is less than 55 years; except that if the 17 employee retires on annuity on or after January 1, 1998 at 18 age 50 or over with at least 30 years of service or at age 55 19 or over with at least 25 years of service, there shall be no 20 reduction due to the widow's age if she has attained age 50 21 on or before the employee's date of death, and if the widow 22 has not attained age 50 on or before the employee's date of 23 death the amount otherwise provided in this subsection (b) 24 shall be reduced by 0.25% for each month that her then 25 attained age is less than 50 years. 26 (c) The foregoing provisions relating to minimum 27 annuities for widows shall not apply to the widow of any 28 former employee receiving an annuity from the fund on August 29 2, 1965 or on the effective date of this amendatory 30 provision, who re-enters service as a former employee, unless 31 such employee renders at least 3 years of additional service 32 after the date of re-entry. 33 (d) (Blank). 34 (e) (Blank). -5- LRB9207605EGfg 1 (f) The amendments to this Section by this amendatory 2 Act of 1985, relating to changing the discount because of age 3 from 1/2 of 1% to 0.25% per month for widows of employees 4 born before January 1, 1936, shall apply only to qualifying 5 widows whose husbands die while in the service on or after 6 August 16, 1985 or withdraw and enter on annuity on or after 7 August 16, 1985. 8 (g) Beginning on January 1, 1999, the minimum amount of 9 widow's annuity shall be $800 per month for life for the 10 following classes of widows, without regard to the fact that 11 the death of the employee occurred prior to the effective 12 date of this amendatory Act of 1998: 13 (1) any widow annuitant alive and receiving a term 14 annuity on the effective date of this amendatory Act of 15 1998, except a reciprocal annuity; 16 (2) any widow annuitant alive and receiving a life 17 annuity on the effective date of this amendatory Act of 18 1998, except a reciprocal annuity; 19 (3) any widow annuitant alive and receiving a 20 reciprocal annuity on the effective date of this 21 amendatory Act of 1998, whose employee spouse's service 22 in this fund was at least 5 years; 23 (4) the widow of an employee with at least 10 years 24 of service in this fund who dies after retirement, if the 25 retirement occurred prior to the effective date of this 26 amendatory Act of 1998; 27 (5) the widow of an employee with at least 10 years 28 of service in this fund who dies after retirement, if 29 withdrawal occurs on or after the effective date of this 30 amendatory Act of 1998; 31 (6) the widow of an employee who dies in service 32 with at least 5 years of service in this fund, if the 33 death in service occurs on or after the effective date of 34 this amendatory Act of 1998. -6- LRB9207605EGfg 1 The increases granted under items (1), (2), (3) and (4) 2 of this subsection (g) shall not be limited by any other 3 Section of this Act. 4 (h) The widow of an employee who retired or died in 5 service on or after January 1, 1985 and before July 1, 1990, 6 at age 55 or older, and with at least 35 years of service 7 credit, shall be entitled to have her widow's annuity 8 increased, effective January 1, 1991, to an amount equal to 9 50% of the retirement annuity that the deceased employee 10 received on the date of retirement, or would have been 11 eligible to receive if he had retired on the day preceding 12 the date of his death in service, provided that if the widow 13 had not attained age 60 by the date of the employee's 14 retirement or death in service, the amount of the annuity 15 shall be reduced by 0.25% for each month that her then 16 attained age was less than age 60 if the employee's 17 retirement or death in service occurred on or after January 18 1, 1988, or by 0.5% for each month that her attained age is 19 less than age 60 if the employee's retirement or death in 20 service occurred prior to January 1, 1988. However, in cases 21 where a refund of excess contributions for widow's annuity 22 has been paid by the Fund, the increase in benefit provided 23 by this subsection (h) shall be contingent upon repayment of 24 the refund to the Fund with interest at the effective rate 25 from the date of refund to the date of payment. 26 (i) If a deceased employee is receiving a retirement 27 annuity at the time of death and that death occurs on or 28 after June 27, 1997, the widow may elect to receive, in lieu 29 of any other annuity provided under this Article, 50% of the 30 deceased employee's retirement annuity at the time of death 31 reduced by 0.25% for each month that the widow's age on the 32 date of death is less than 55; except that if the employee 33 dies on or after January 1, 1998 and withdrew from service on 34 or after June 27, 1997 at age 50 or over with at least 30 -7- LRB9207605EGfg 1 years of service or at age 55 or over with at least 25 years 2 of service, there shall be no reduction due to the widow's 3 age if she has attained age 50 on or before the employee's 4 date of death, and if the widow has not attained age 50 on or 5 before the employee's date of death the amount otherwise 6 provided in this subsection (i) shall be reduced by 0.25% for 7 each month that her age on the date of death is less than 50 8 years. However, in cases where a refund of excess 9 contributions for widow's annuity has been paid by the Fund, 10 the benefit provided by this subsection (i) is contingent 11 upon repayment of the refund to the Fund with interest at the 12 effective rate from the date of refund to the date of 13 payment. 14 (j) For widows of employees who died before January 23, 15 1987 after retirement on annuity or in service, the maximum 16 dollar amount limitation on widow's annuity shall cease to 17 apply, beginning with the first annuity payment after the 18 effective date of this amendatory Act of 1997; except that if 19 a refund of excess contributions for widow's annuity has been 20 paid by the Fund, the increase resulting from this subsection 21 (j) shall not begin before the refund has been repaid to the 22 Fund, together with interest at the effective rate from the 23 date of the refund to the date of repayment. 24 (k) In lieu of any other annuity provided in this 25 Article, an eligible spouse of any employee who dies in 26 service at least 60 days after the effective date of this 27 amendatory Act of the 92nd General Assembly with at least 10 28 years of Laborers' service shall be entitled to an annuity of 29 60% of the minimum formula annuity earned and accrued to the 30 credit of the employee at the date of death, plus 1% for each 31 year of total Laborers' service, to a maximum of 85%. For 32 the purposes of this subsection, the minimum formula annuity 33 earned and accrued to the credit of the employee is equal to 34 2.40% for each year of service of the highest average annual -8- LRB9207605EGfg 1 salary for any 4 consecutive years within the last 10 years 2 of service immediately preceding the date of death, to a 3 maximum of 80% of the highest average annual salary. This 4 annuity shall not be reduced due to the age of the employee 5 or spouse. 6 In lieu of any other annuity provided in this Article, an 7 eligible spouse of any employee annuitant who dies after 8 retirement at least 60 days after the effective date of this 9 amendatory Act of the 92nd General Assembly with at least 10 10 years of Laborers' service shall be entitled to an annuity of 11 60%, plus 1% for each year of total Laborers' service to a 12 maximum of 85%, of the deceased employee's retirement annuity 13 at the time of death reduced by 0.25% for each month that the 14 widow's age on the date of death is less than 55; except that 15 if the employee withdrew from service on or after June 27, 16 1997 at age 50 or over with at least 30 years of service or 17 at age 55 or over with at least 25 years of service, there 18 shall be no reduction due to the widow's age if she has 19 attained age 50 on or before the employee's date of death, 20 and if the widow has not attained age 50 on or before the 21 employee's date of death the amount otherwise provided in 22 this subsection (k) shall be reduced by 0.25% for each month 23 that her than attained age is less than 50 years. However, 24 in cases where a refund of excess contributions for widow's 25 annuity has been paid by the Fund, the benefit provided by 26 this subsection (k) is contingent upon repayment of the 27 refund to the Fund with interest at the effective rate from 28 the date of refund to the date of payment. 29 In addition to any other eligibility requirements under 30 this Article, the spouse is eligible for this annuity only if 31 the marriage was in effect for 10 full years or more at the 32 date of retirement or death in service. 33 (Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97; 34 90-766, eff. 8-14-98.) -9- LRB9207605EGfg 1 Section 90. The State Mandates Act is amended by adding 2 Section 8.25 as follows: 3 (30 ILCS 805/8.25 new) 4 Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 5 and 8 of this Act, no reimbursement by the State is required 6 for the implementation of any mandate created by this 7 amendatory Act of the 92nd General Assembly. 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.