093_SB1151

 
                                     LRB093 06789 LRD 06929 b

 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 17-122 as follows:

 6        (40 ILCS 5/17-122) (from Ch. 108 1/2, par. 17-122)
 7        Sec. 17-122. Survivor's and children's pensions - Amount.
 8    Upon the death of a teacher who has completed at least 1  1/2
 9    years  of  contributing  service with either this Fund or the
10    State  Universities  Retirement  System  or   the   Teachers'
11    Retirement  System  of  the  State  of Illinois, provided his
12    death occurred while (a) in active  service  covered  by  the
13    Fund  or  during his first 18 months of continuous employment
14    without a break in  service  under  any  other  participating
15    system   as   defined  in  the  Illinois  Retirement  Systems
16    Reciprocal  Act  except  the  State  Universities  Retirement
17    System and the Teachers' Retirement System of  the  State  of
18    Illinois,  (b)  on  a  creditable  leave of absence, (c) on a
19    noncreditable leave of absence of no more than one  year,  or
20    (d)  a  pension  was deferred or pending provided the teacher
21    had at least 10 years of validated service  credit,  or  upon
22    the  death  of  a  pensioner  otherwise  qualified  for  such
23    benefit, the surviving spouse and unmarried minor children of
24    the  deceased  teacher  under  age  18  shall  be entitled to
25    pensions, under  the  conditions  stated  hereinafter.   Such
26    survivor's  and  children's  pensions  shall  be based on the
27    average of the 4 highest consecutive years of salary  in  the
28    last  10  years of service or on the average salary for total
29    service, if  total  service  has  been  less  than  4  years,
30    according to the following percentages:
31        30%  of  average  salary or 50% of the retirement pension
 
                            -2-      LRB093 06789 LRD 06929 b
 1    earned by the teacher, whichever is larger,  subject  to  the
 2    prescribed  maximum  monthly  payment, for a surviving spouse
 3    alone on attainment of age 50;
 4        60%  of  average  salary  for  a  surviving  spouse   and
 5    eligible minor children of the deceased teacher.
 6        If  no  eligible spouse survives, or the surviving spouse
 7    remarries, or the parent of  the  children  of  the  deceased
 8    member  is  otherwise  ineligible for a survivor's pension, a
 9    children's pension for eligible minor children under  age  18
10    shall  be  paid  to  their parent or legal guardian for their
11    benefit according to the following percentages:
12        30% of average salary for one child;
13        60% of average salary for 2 or more children.
14        On January  1,  1981,  any  survivor  or  child  who  was
15    receiving  a  survivor's  or  children's pension on or before
16    January 1, 1971, shall  have  his  survivor's  or  children's
17    pension  then  being  paid increased by 1% for each full year
18    which has elapsed from the date the pension began. On January
19    1, 1982, any survivor or  child  whose  pension  began  after
20    January  1,  1971, but before January 1, 1981, shall have his
21    survivor's or children's pension then being paid increased 1%
22    for each full year  which  has  elapsed  from  the  date  the
23    pension  began.  On  January  1,  1987, any survivor or child
24    whose pension began on or before January 1, 1977, shall  have
25    the  monthly survivor's or children's pension increased by $1
26    for each full year which has elapsed since the pension began.
27        Beginning  January  1,   1990,   every   survivor's   and
28    children's  pension  shall be increased (1) on each January 1
29    occurring on or after the commencement of the pension if  the
30    deceased  teacher  died while receiving a retirement pension,
31    or (2) in other cases, on each  January  1  occurring  on  or
32    after  the  first  anniversary  of  the  commencement  of the
33    pension, by an amount equal to 3% of the  current  amount  of
34    the pension, including all increases previously granted under
 
                            -3-      LRB093 06789 LRD 06929 b
 1    this Article, notwithstanding Section 17-157.  Such increases
 2    shall  apply  without  regard to whether the deceased teacher
 3    was in service  on  or  after  the  effective  date  of  this
 4    amendatory  Act  of 1991, but shall not accrue for any period
 5    prior to January 1, 1990.
 6        Subject to the minimum  established  below,  the  maximum
 7    amount  of  pension for a surviving spouse alone or one minor
 8    child shall be $400  per  month,  and  the  maximum  combined
 9    pensions  for a surviving spouse and children of the deceased
10    teacher shall be $600 per  month,  with  individual  pensions
11    adjusted  for all beneficiaries pro rata to conform with this
12    limitation.   If  proration  is   unnecessary   the   minimum
13    survivor's  and  children's  pensions shall be $40 per month.
14    The minimum total survivor's and children's  pension  payable
15    upon  the  death  of  a contributor or annuitant which occurs
16    after  December  31,  1986,  shall  be  50%  of  the   earned
17    retirement   pension   of   such  contributor  or  annuitant,
18    calculated without early retirement discount in the  case  of
19    death  in  service.    Beginning January 1, 2004, the minimum
20    total  survivor's  pension  payable  upon  the  death  of   a
21    contributor or annuitant that occurred before January 1, 1987
22    shall  be  50%  of  the  earned  retirement  pension  of  the
23    contributor or annuitant, calculated without early retirement
24    discount in the case of death in service, and notwithstanding
25    Section 17-157.
26        On  death  after  retirement,  the  total  survivor's and
27    children's pensions shall not exceed the  monthly  retirement
28    or   disability   pension  paid  to  the  deceased  retirant.
29    Survivor's and children's benefits described in this  Section
30    shall apply to all service and disability pensioners eligible
31    for a pension as of July 1, 1981.
32    (Source: P.A. 90-32, eff. 6-27-97; 90-566, eff. 1-2-98.)

33        Section  90.  The State Mandates Act is amended by adding
 
                            -4-      LRB093 06789 LRD 06929 b
 1    Section 8.27 as follows:

 2        (30 ILCS 805/8.27 new)
 3        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
 4    and  8 of this Act, no reimbursement by the State is required
 5    for  the  implementation  of  any  mandate  created  by  this
 6    amendatory Act of the 93rd General Assembly.

 7        Section 99. Effective date.  This Act takes  effect  upon
 8    becoming law.