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Public Act 102-0884


 

Public Act 0884 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0884
 
SB4053 EnrolledLRB102 24736 RPS 33976 b

    AN ACT concerning public employee benefits.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pension Code is amended by
changing Sections 5-167.4 and 6-128.4 as follows:
 
    (40 ILCS 5/5-167.4)   (from Ch. 108 1/2, par. 5-167.4)
    Sec. 5-167.4. Widow annuitant minimum annuity.
    (a) Notwithstanding any other provision of this Article,
beginning January 1, 1996, the minimum amount of widow's
annuity payable to any person who is entitled to receive a
widow's annuity under this Article is $700 per month, without
regard to whether the deceased policeman is in service on or
after the effective date of this amendatory Act of 1995.
    Notwithstanding any other provision of this Article,
beginning January 1, 1999, the minimum amount of widow's
annuity payable to any person who is entitled to receive a
widow's annuity under this Article is $800 per month, without
regard to whether the deceased policeman is in service on or
after the effective date of this amendatory Act of 1998.
    Notwithstanding any other provision of this Article,
beginning January 1, 2004, the minimum amount of widow's
annuity payable to any person who is entitled to receive a
widow's annuity under this Article is $900 per month, without
regard to whether the deceased policeman is in service on or
after the effective date of this amendatory Act of the 93rd
General Assembly.
    Notwithstanding any other provision of this Article,
beginning January 1, 2005, the minimum amount of widow's
annuity payable to any person who is entitled to receive a
widow's annuity under this Article is $1,000 per month,
without regard to whether the deceased policeman is in service
on or after the effective date of this amendatory Act of the
93rd General Assembly.
    (b) Effective January 1, 1994, the minimum amount of
widow's annuity shall be $700 per month for the following
classes of widows, without regard to whether the deceased
policeman is in service on or after the effective date of this
amendatory Act of 1993: (1) the widow of a policeman who dies
in service with at least 10 years of service credit, or who
dies in service after June 30, 1981; and (2) the widow of a
policeman who withdraws from service with 20 or more years of
service credit and does not withdraw a refund, provided that
the widow is married to the policeman before he withdraws from
service.
    (b-5) Notwithstanding any other provision of this Article,
beginning January 1, 2017 and until January 1, 2023, the
minimum widow's annuity under this Article shall be no less
than 125% of the Federal Poverty Level for all persons
receiving widow's annuities on or after that date, without
regard to whether the deceased policeman is in service on or
after the effective date of this amendatory Act of the 99th
General Assembly.
    Notwithstanding any other provision of this Article,
beginning January 1, 2023, the minimum widow's annuity under
this Article shall be no less than 150% of the Federal Poverty
Level for all persons receiving widow's annuities on or after
that date, without regard to whether the deceased policeman is
in service on or after the effective date of this amendatory
Act of the 102nd General Assembly.
    For purposes of this Section, "Federal Poverty Level"
means the poverty guidelines applicable to an individual in a
single-person household located in Illinois, as updated
periodically in the Federal Register by the United States
Department of Health and Human Services under the authority of
42 U.S.C. 9902(2).
    (c) The city, in addition to the contributions otherwise
made by it under the other provisions of this Article, shall
make such contributions as are necessary for the minimum
widow's annuities provided under this Section in the manner
prescribed in Section 5-175.
(Source: P.A. 99-905, eff. 11-29-16.)
 
    (40 ILCS 5/6-128.4)   (from Ch. 108 1/2, par. 6-128.4)
    Sec. 6-128.4. Minimum widow's annuities.
    (a) Notwithstanding any other provision of this Article,
beginning January 1, 1996, the minimum amount of widow's
annuity payable to any person who is entitled to receive a
widow's annuity under this Article is $700 per month, without
regard to whether the deceased fireman is in service on or
after the effective date of this amendatory Act of 1995.
    (b) Notwithstanding Section 6-128.3, beginning January 1,
1994, the minimum widow's annuity under this Article shall be
$700 per month for (1) all persons receiving widow's annuities
on that date who are survivors of employees who retired at age
50 or over with at least 20 years of service, and (2) persons
who become eligible for widow's annuities and are survivors of
employees who retired at age 50 or over with at least 20 years
of service.
    (c) Notwithstanding Section 6-128.3, beginning January 1,
1999, the minimum widow's annuity under this Article shall be
$800 per month for (1) all persons receiving widow's annuities
on that date who are survivors of employees who retired at age
50 or over with at least 20 years of service, and (2) persons
who become eligible for widow's annuities and are survivors of
employees who retired at age 50 or over with at least 20 years
of service.
    (d) Notwithstanding Section 6-128.3, beginning January 1,
2004, the minimum widow's annuity under this Article shall be
$900 per month for all persons receiving widow's annuities on
or after that date, without regard to whether the deceased
fireman is in service on or after the effective date of this
amendatory Act of the 93rd General Assembly.
    (e) Notwithstanding Section 6-128.3, beginning January 1,
2005, the minimum widow's annuity under this Article shall be
$1,000 per month for all persons receiving widow's annuities
on or after that date, without regard to whether the deceased
fireman is in service on or after the effective date of this
amendatory Act of the 93rd General Assembly.
    (f) Notwithstanding Section 6-128.3, beginning January 1,
2017 and until January 1, 2023, the minimum widow's annuity
under this Article shall be no less than 125% of the Federal
Poverty Level for all persons receiving widow's annuities on
or after that date, without regard to whether the deceased
fireman is in service on or after the effective date of this
amendatory Act of the 99th General Assembly.
    Notwithstanding Section 6-128.3, beginning January 1,
2023, the minimum widow's annuity under this Article shall be
no less than 150% of the Federal Poverty Level for all persons
receiving widow's annuities on or after that date, without
regard to whether the deceased fireman is in service on or
after the effective date of this amendatory Act of the 102nd
General Assembly.
    For purposes of this Section, "Federal Poverty Level"
means the poverty guidelines applicable to an individual in a
single-person household located in Illinois, as updated
periodically in the Federal Register by the United States
Department of Health and Human Services under the authority of
42 U.S.C. 9902(2).
(Source: P.A. 99-905, eff. 11-29-16.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.46 as follows:
 
    (30 ILCS 805/8.46 new)
    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by this amendatory
Act of the 102nd General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/13/2022