97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2995

 

Introduced 2/23/2011, by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/11-134  from Ch. 108 1/2, par. 11-134
40 ILCS 5/11-145.1  from Ch. 108 1/2, par. 11-145.1
30 ILCS 805/8.35 new

    Amends the Chicago Laborers Article of the Illinois Pension Code. Increases the minimum employee's annuity from $850 to $1,050 for employees who were members before January 1, 2011. Increases the minimum widow's from $800 to $1,000 for widows of employees who were members before January 1, 2011. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB097 10452 JDS 50680 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB2995LRB097 10452 JDS 50680 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 11-134 and 11-145.1 as follows:
 
6    (40 ILCS 5/11-134)  (from Ch. 108 1/2, par. 11-134)
7    Sec. 11-134. Minimum annuities.
8    (a) An employee whose withdrawal occurs after July 1, 1957
9at age 60 or over, with 20 or more years of service, (as
10service is defined or computed in Section 11-216), for whom the
11age and service and prior service annuity combined is less than
12the amount stated in this Section, shall, from and after the
13date of withdrawal, in lieu of all annuities otherwise provided
14in this Article, be entitled to receive an annuity for life of
15an amount equal to 1 2/3% for each year of service, of the
16highest average annual salary for any 5 consecutive years
17within the last 10 years of service immediately preceding the
18date of withdrawal; provided, that in the case of any employee
19who withdraws on or after July 1, 1971, such employee age 60 or
20over with 20 or more years of service, shall be entitled to
21instead receive an annuity for life equal to 1.67% for each of
22the first 10 years of service; 1.90% for each of the next 10
23years of service; 2.10% for each year of service in excess of

 

 

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120 but not exceeding 30; and 2.30% for each year of service in
2excess of 30, based on the highest average annual salary for
3any 4 consecutive years within the last 10 years of service
4immediately preceding the date of withdrawal.
5    An employee who withdraws after July 1, 1957 and before
6January 1, 1988, with 20 or more years of service, before age
760, shall be entitled to an annuity, to begin not earlier than
8age 55, if under such age at withdrawal, as computed in the
9last preceding paragraph, reduced 0.25% if the employee was
10born before January 1, 1936, or 0.5% if the employee was born
11on or after January 1, 1936, for each full month or fractional
12part thereof that his attained age when such annuity is to
13begin is less than 60.
14    Any employee born before January 1, 1936 who withdraws with
1520 or more years of service, and any employee with 20 or more
16years of service who withdraws on or after January 1, 1988, may
17elect to receive, in lieu of any other employee annuity
18provided in this Section, an annuity for life equal to 1.80%
19for each of the first 10 years of service, 2.00% for each of
20the next 10 years of service, 2.20% for each year of service in
21excess of 20, but not exceeding 30, and 2.40% for each year of
22service in excess of 30, of the highest average annual salary
23for any 4 consecutive years within the last 10 years of service
24immediately preceding the date of withdrawal, to begin not
25earlier than upon attained age of 55 years, if under such age
26at withdrawal, reduced 0.25% for each full month or fractional

 

 

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1part thereof that his attained age when annuity is to begin is
2less than 60; except that an employee retiring on or after
3January 1, 1988, at age 55 or over but less than age 60, having
4at least 35 years of service, or an employee retiring on or
5after July 1, 1990, at age 55 or over but less than age 60,
6having at least 30 years of service, or an employee retiring on
7or after the effective date of this amendatory Act of 1997, at
8age 55 or over but less than age 60, having at least 25 years of
9service, shall not be subject to the reduction in retirement
10annuity because of retirement below age 60.
11    However, in the case of an employee who retired on or after
12January 1, 1985 but before January 1, 1988, at age 55 or older
13and with at least 35 years of service, and who was subject
14under this subsection (a) to the reduction in retirement
15annuity because of retirement below age 60, that reduction
16shall cease to be effective January 1, 1991, and the retirement
17annuity shall be recalculated accordingly.
18    Any employee who withdraws on or after July 1, 1990, with
1920 or more years of service, may elect to receive, in lieu of
20any other employee annuity provided in this Section, an annuity
21for life equal to 2.20% for each year of service if withdrawal
22is before January 1, 2002, or 2.40% for each year of service if
23withdrawal is on or after January 1, 2002, of the highest
24average annual salary for any 4 consecutive years within the
25last 10 years of service immediately preceding the date of
26withdrawal, to begin not earlier than upon attained age of 55

 

 

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1years, if under such age at withdrawal, reduced 0.25% for each
2full month or fractional part thereof that his attained age
3when annuity is to begin is less than 60; except that an
4employee retiring at age 55 or over but less than age 60,
5having at least 30 years of service, shall not be subject to
6the reduction in retirement annuity because of retirement below
7age 60.
8    Any employee who withdraws on or after the effective date
9of this amendatory Act of 1997 with 20 or more years of service
10may elect to receive, in lieu of any other employee annuity
11provided in this Section, an annuity for life equal to 2.20%
12for each year of service if withdrawal is before January 1,
132002, or 2.40% for each year of service if withdrawal is on or
14after January 1, 2002, of the highest average annual salary for
15any 4 consecutive years within the last 10 years of service
16immediately preceding the date of withdrawal, to begin not
17earlier than upon attainment of age 55 (age 50 if the employee
18has at least 30 years of service), reduced 0.25% for each full
19month or remaining fractional part thereof that the employee's
20attained age when annuity is to begin is less than 60; except
21that an employee retiring at age 50 or over with at least 30
22years of service or at age 55 or over with at least 25 years of
23service shall not be subject to the reduction in retirement
24annuity because of retirement below age 60.
25    The maximum annuity payable under this paragraph (a) of
26this Section shall not exceed 70% of highest average annual

 

 

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1salary in the case of an employee who withdraws prior to July
21, 1971, 75% if withdrawal takes place on or after July 1, 1971
3and prior to January 1, 2002, or 80% if withdrawal is on or
4after January 1, 2002. For the purpose of the minimum annuity
5provided in said paragraphs $1,500 shall be considered the
6minimum annual salary for any year; and the maximum annual
7salary to be considered for the computation of such annuity
8shall be $4,800 for any year prior to 1953, $6,000 for the
9years 1953 to 1956, inclusive, and the actual annual salary, as
10salary is defined in this Article, for any year thereafter.
11    (b) For an employee receiving disability benefit, his
12salary for annuity purposes under this Section shall, for all
13periods of disability benefit subsequent to the year 1956, be
14the amount on which his disability benefit was based.
15    (c) An employee with 20 or more years of service, whose
16entire disability benefit credit period expires prior to
17attainment of age 55 while still disabled for service, shall be
18entitled upon withdrawal to the larger of (1) the minimum
19annuity provided above assuming that he is then age 55, and
20reducing such annuity to its actuarial equivalent at his
21attained age on such date, or (2) the annuity provided from his
22age and service and prior service annuity credits.
23    (d) The minimum annuity provisions as aforesaid shall not
24apply to any former employee receiving an annuity from the
25fund, and who re-enters service as an employee, unless he
26renders at least 3 years of additional service after the date

 

 

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1of re-entry.
2    (e) An employee in service on July 1, 1947, or who became a
3contributor after July 1, 1947 and prior to July 1, 1950, or
4who shall become a contributor to the fund after July 1, 1950
5prior to attainment of age 70, who withdraws after age 65 with
6less than 20 years of service, for whom the annuity has been
7fixed under the foregoing Sections of this Article shall, in
8lieu of the annuity so fixed, receive an annuity as follows:
9    Such amount as he could have received had the accumulated
10amounts for annuity been improved with interest at the
11effective rate to the date of his withdrawal, or to attainment
12of age 70, whichever is earlier, and had the city contributed
13to such earlier date for age and service annuity the amount
14that would have been contributed had he been under age 65,
15after the date his annuity was fixed in accordance with this
16Article, and assuming his annuity were computed from such
17accumulations as of his age on such earlier date. The annuity
18so computed shall not exceed the annuity which would be payable
19under the other provisions of this Section if the employee was
20credited with 20 years of service and would qualify for annuity
21thereunder.
22    (f) In lieu of the annuity provided in this or in any other
23Section of this Article, an employee having attained age 65
24with at least 15 years of service who withdraws from service on
25or after July 1, 1971 and whose annuity computed under other
26provisions of this Article is less than the amount provided

 

 

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1under this paragraph shall be entitled to receive a minimum
2annual annuity for life equal to 1% of the highest average
3annual salary for any 4 consecutive years within the last 10
4years of service immediately preceding retirement for each year
5of his service plus the sum of $25 for each year of service.
6Such annual annuity shall not exceed the maximum percentages
7stated under paragraph (a) of this Section of such highest
8average annual salary.
9    (f-1) Instead of any other retirement annuity provided in
10this Article, an employee who has at least 10 years of service
11and withdraws from service on or after January 1, 1999 may
12elect to receive a retirement annuity for life, beginning no
13earlier than upon attainment of age 60, equal to 2.2% if
14withdrawal is before January 1, 2002, or 2.4% for each year of
15service if withdrawal is on or after January 1, 2002, of final
16average salary for each year of service, subject to a maximum
17of 75% of final average salary if withdrawal is before January
181, 2002, or 80% if withdrawal is on or after January 1, 2002.
19For the purpose of calculating this annuity, "final average
20salary" means the highest average annual salary for any 4
21consecutive years in the last 10 years of service.
22    (g) Any annuity payable under the preceding subsections of
23this Section 11-134 shall be paid in equal monthly
24installments.
25    (h) The amendatory provisions of part (a) and (f) of this
26Section shall be effective July 1, 1971 and apply in the case

 

 

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1of every qualifying employee withdrawing on or after July 1,
21971.
3    (h-1) The changes made to this Section by Public Act 92-609
4(increasing the retirement formula to 2.4% per year of service
5and increasing the maximum to 80%) apply to persons who
6withdraw from service on or after January 1, 2002, regardless
7of whether that withdrawal takes place before the effective
8date of that Act. In the case of a person who withdraws from
9service on or after January 1, 2002 but begins to receive a
10retirement annuity before July 1, 2002, the annuity shall be
11recalculated, with the increase resulting from Public Act
1292-609 accruing from the date the retirement annuity began. The
13changes made by Public Act 92-609 control over the changes made
14by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
15    (i) The amendatory provisions of this amendatory Act of
161985 relating to the discount of annuity because of retirement
17prior to attainment of age 60 and increasing the retirement
18formula for those born before January 1, 1936, shall apply only
19to qualifying employees withdrawing on or after August 16,
201985.
21    (j) Beginning on January 1, 1999, the minimum amount of
22employee's annuity shall be $850 per month for life for the
23following classes of employees, without regard to the fact that
24withdrawal occurred prior to the effective date of this
25amendatory Act of 1998:
26        (1) any employee annuitant alive and receiving a life

 

 

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1    annuity on the effective date of this amendatory Act of
2    1998, except a reciprocal annuity;
3        (2) any employee annuitant alive and receiving a term
4    annuity on the effective date of this amendatory Act of
5    1998, except a reciprocal annuity;
6        (3) any employee annuitant alive and receiving a
7    reciprocal annuity on the effective date of this amendatory
8    Act of 1998, whose service in this fund is at least 5
9    years;
10        (4) any employee annuitant withdrawing after age 60 on
11    or after the effective date of this amendatory Act of 1998,
12    with at least 10 years of service in this fund.
13    The increases granted under items (1), (2) and (3) of this
14subsection (j) shall not be limited by any other Section of
15this Act.
16    (k) For employees who were members of the fund on or before
17January 1, 2011, the minimum amount of employee's annuity shall
18be $1,050 per month for life for the following classes of
19employees, without regard to the fact that withdrawal occurred
20prior to the effective date of this amendatory Act of the 97th
21General Assembly:
22        (1) any employee annuitant alive and receiving a life
23    annuity on the effective date of this amendatory Act of the
24    97th General Assembly, except a reciprocal annuity;
25        (2) any employee annuitant alive and receiving a term
26    annuity on the effective date of this amendatory Act of the

 

 

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1    97th General Assembly, except a reciprocal annuity;
2        (3) any employee annuitant alive and receiving a
3    reciprocal annuity on the effective date of this amendatory
4    Act of the 97th General Assembly, whose service in this
5    fund is at least 5 years;
6        (4) any employee annuitant withdrawing after age 60 on
7    or after the effective date of this amendatory Act of the
8    97th General Assembly, with at least 10 years of service in
9    this fund.
10    The increases granted under items (1), (2), and (3) of this
11subsection (k) shall not be limited by any other Section of
12this Act.
13    The minimum annuity of $1,050 is not eligible for an
14increase under Section 11-134.1 or Section 11-134.3 on January
151, 2012.
16(Source: P.A. 95-331, eff. 8-21-07.)
 
17    (40 ILCS 5/11-145.1)   (from Ch. 108 1/2, par. 11-145.1)
18    Sec. 11-145.1. Minimum annuities for widows. The widow
19otherwise eligible for widow's annuity under other Sections of
20this Article 11, of an employee hereinafter described, who
21retires from service or dies while in the service subsequent to
22the effective date of this amendatory provision, and for which
23widow the amount of widow's annuity and widow's prior service
24annuity combined, fixed or provided for such widow under other
25provisions of said Article 11 is less than the amount

 

 

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1hereinafter provided in this section, shall, from and after the
2date her otherwise provided annuity would begin, in lieu of
3such otherwise provided widow's and widow's prior service
4annuity, be entitled to the following indicated amount of
5annuity:
6    (a) The widow of any employee who dies while in service on
7or after the date on which he attains age 60 if the death
8occurs before July 1, 1990, or on or after the date on which he
9attains age 55 if the death occurs on or after July 1, 1990,
10with at least 20 years of service, or on or after the date on
11which he attains age 50 if the death occurs on or after the
12effective date of this amendatory Act of 1997 with at least 30
13years of service, shall be entitled to an annuity equal to
14one-half of the amount of annuity which her deceased husband
15would have been entitled to receive had he withdrawn from the
16service on the day immediately preceding the date of his death,
17conditional upon such widow having attained age 60 on or before
18such date if the death occurs before July 1, 1990, or age 55 if
19the death occurs on or after July 1, 1990, or age 50 if the
20death occurs on or after January 1, 1998 and the employee is
21age 50 or over with at least 30 years of service or age 55 or
22over with at least 25 years of service. Except as provided in
23subsection (j), the widow's annuity shall not, however, exceed
24the sum of $500 a month if the employee's death in service
25occurs before January 23, 1987. The widow's annuity shall not
26be limited to a maximum dollar amount if the employee's death

 

 

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1in service occurs on or after January 23, 1987.
2    If the employee dies in service before July 1, 1990, and if
3such widow of such described employee shall not be 60 or more
4years of age on such date of death, the amount provided in the
5immediately preceding paragraph for a widow 60 or more years of
6age, shall, in the case of such younger widow, be reduced by
70.25% for each month that her then attained age is less than 60
8years if the employee was born before January 1, 1936, or dies
9in service on or after January 1, 1988, or 0.5% for each month
10that her then attained age is less than 60 years if the
11employee was born on or after January 1, 1936 and dies in
12service before January 1, 1988.
13    If the employee dies in service on or after July 1, 1990,
14and if the widow of the employee has not attained age 55 on or
15before the employee's date of death, the amount otherwise
16provided in this subsection (a) shall be reduced by 0.25% for
17each month that her then attained age is less than 55 years;
18except that if the employee dies in service on or after January
191, 1998 at age 50 or over with at least 30 years of service or
20at age 55 or over with at least 25 years of service, there
21shall be no reduction due to the widow's age if she has
22attained age 50 on or before the employee's date of death, and
23if the widow has not attained age 50 on or before the
24employee's date of death the amount otherwise provided in this
25subsection (a) shall be reduced by 0.25% for each month that
26her then attained age is less than 50 years.

 

 

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1    (b) The widow of any employee who dies subsequent to the
2date of his retirement on annuity, and who so retired on or
3after the date on which he attained age 60 if retirement occurs
4before July 1, 1990, or on or after the date on which he
5attained age 55 if retirement occurs on or after July 1, 1990,
6with at least 20 years of service, or on or after the date on
7which he attained age 50 if the retirement occurs on or after
8the effective date of this amendatory Act of 1997 with at least
930 years of service, shall be entitled to an annuity equal to
10one-half of the amount of annuity which her deceased husband
11received as of the date of his retirement on annuity,
12conditional upon such widow having attained age 60 on or before
13the date of her husband's retirement on annuity if retirement
14occurs before July 1, 1990, or age 55 if retirement occurs on
15or after July 1, 1990, or age 50 if the retirement on annuity
16occurs on or after January 1, 1998 and the employee is age 50
17or over with at least 30 years of service or age 55 or over with
18at least 25 years of service. Except as provided in subsection
19(j), this widow's annuity shall not, however, exceed the sum of
20$500 a month if the employee's death occurs before January 23,
211987. The widow's annuity shall not be limited to a maximum
22dollar amount if the employee's death occurs on or after
23January 23, 1987, regardless of the date of retirement;
24provided that, if retirement was before January 23, 1987, the
25employee or eligible spouse repays the excess spouse refund
26with interest at the effective rate from the date of refund to

 

 

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1the date of repayment.
2    If the date of the employee's retirement on annuity is
3before July 1, 1990, and if such widow of such described
4employee shall not have attained such age of 60 or more years
5on such date of her husband's retirement on annuity, the amount
6provided in the immediately preceding paragraph for a widow 60
7or more years of age on the date of her husband's retirement on
8annuity, shall, in the case of such then younger widow, be
9reduced by 0.25% for each month that her then attained age was
10less than 60 years if the employee was born before January 1,
111936, or withdraws from service on or after January 1, 1988, or
120.5% for each month that her then attained age was less than 60
13years if the employee was born on or after January 1, 1936 and
14withdraws from service before January 1, 1988.
15    If the date of the employee's retirement on annuity is on
16or after July 1, 1990, and if the widow of the employee has not
17attained age 55 by the date of the employee's retirement on
18annuity, the amount otherwise provided in this subsection (b)
19shall be reduced by 0.25% for each month that her then attained
20age is less than 55 years; except that if the employee retires
21on annuity on or after January 1, 1998 at age 50 or over with at
22least 30 years of service or at age 55 or over with at least 25
23years of service, there shall be no reduction due to the
24widow's age if she has attained age 50 on or before the
25employee's date of death, and if the widow has not attained age
2650 on or before the employee's date of death the amount

 

 

HB2995- 15 -LRB097 10452 JDS 50680 b

1otherwise provided in this subsection (b) shall be reduced by
20.25% for each month that her then attained age is less than 50
3years.
4    (c) The foregoing provisions relating to minimum annuities
5for widows shall not apply to the widow of any former employee
6receiving an annuity from the fund on August 2, 1965 or on the
7effective date of this amendatory provision, who re-enters
8service as a former employee, unless such employee renders at
9least 3 years of additional service after the date of re-entry.
10    (d) (Blank).
11    (e) (Blank).
12    (f) The amendments to this Section by this amendatory Act
13of 1985, relating to changing the discount because of age from
141/2 of 1% to 0.25% per month for widows of employees born
15before January 1, 1936, shall apply only to qualifying widows
16whose husbands die while in the service on or after August 16,
171985 or withdraw and enter on annuity on or after August 16,
181985.
19    (g) Beginning on January 1, 1999, the minimum amount of
20widow's annuity shall be $800 per month for life for the
21following classes of widows, without regard to the fact that
22the death of the employee occurred prior to the effective date
23of this amendatory Act of 1998:
24        (1) any widow annuitant alive and receiving a term
25    annuity on the effective date of this amendatory Act of
26    1998, except a reciprocal annuity;

 

 

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1        (2) any widow annuitant alive and receiving a life
2    annuity on the effective date of this amendatory Act of
3    1998, except a reciprocal annuity;
4        (3) any widow annuitant alive and receiving a
5    reciprocal annuity on the effective date of this amendatory
6    Act of 1998, whose employee spouse's service in this fund
7    was at least 5 years;
8        (4) the widow of an employee with at least 10 years of
9    service in this fund who dies after retirement, if the
10    retirement occurred prior to the effective date of this
11    amendatory Act of 1998;
12        (5) the widow of an employee with at least 10 years of
13    service in this fund who dies after retirement, if
14    withdrawal occurs on or after the effective date of this
15    amendatory Act of 1998;
16        (6) the widow of an employee who dies in service with
17    at least 5 years of service in this fund, if the death in
18    service occurs on or after the effective date of this
19    amendatory Act of 1998.
20    The increases granted under items (1), (2), (3) and (4) of
21this subsection (g) shall not be limited by any other Section
22of this Act.
23    (g-5) For widows of employees who were members of the fund
24on or before January 1, 2011, the minimum amount of widow's
25annuity shall be $1,000 per month for life for the following
26classes of widows, without regard to the fact that the death of

 

 

HB2995- 17 -LRB097 10452 JDS 50680 b

1the employee occurred prior to the effective date of this
2amendatory Act of the 97th General Assembly:
3        (1) any widow annuitant alive and receiving a term
4    annuity on the effective date of this amendatory Act of the
5    97th General Assembly, except a reciprocal annuity;
6        (2) any widow annuitant alive and receiving a life
7    annuity on the effective date of this amendatory Act of the
8    97th General Assembly, except a reciprocal annuity;
9        (3) any widow annuitant alive and receiving a
10    reciprocal annuity on the effective date of this amendatory
11    Act of the 97th General Assembly, whose employee spouse's
12    service in this fund was at least 5 years;
13        (4) the widow of an employee with at least 10 years of
14    service in this fund who dies after retirement, if the
15    retirement occurred prior to the effective date of this
16    amendatory Act of the 97th General Assembly;
17        (5) the widow of an employee with at least 10 years of
18    service in this fund who dies after retirement, if
19    withdrawal occurs on or after the effective date of this
20    amendatory Act of the 97th General Assembly;
21        (6) the widow of an employee who dies in service with
22    at least 5 years of service in this fund, if the death in
23    service occurs on or after the effective date of this
24    amendatory Act of the 97th General Assembly.
25    The increases granted under items (1), (2), (3), and (4) of
26this subsection (g-5) shall not be limited by any other Section

 

 

HB2995- 18 -LRB097 10452 JDS 50680 b

1of this Act.
2    (h) The widow of an employee who retired or died in service
3on or after January 1, 1985 and before July 1, 1990, at age 55
4or older, and with at least 35 years of service credit, shall
5be entitled to have her widow's annuity increased, effective
6January 1, 1991, to an amount equal to 50% of the retirement
7annuity that the deceased employee received on the date of
8retirement, or would have been eligible to receive if he had
9retired on the day preceding the date of his death in service,
10provided that if the widow had not attained age 60 by the date
11of the employee's retirement or death in service, the amount of
12the annuity shall be reduced by 0.25% for each month that her
13then attained age was less than age 60 if the employee's
14retirement or death in service occurred on or after January 1,
151988, or by 0.5% for each month that her attained age is less
16than age 60 if the employee's retirement or death in service
17occurred prior to January 1, 1988. However, in cases where a
18refund of excess contributions for widow's annuity has been
19paid by the Fund, the increase in benefit provided by this
20subsection (h) shall be contingent upon repayment of the refund
21to the Fund with interest at the effective rate from the date
22of refund to the date of payment.
23    (i) If a deceased employee is receiving a retirement
24annuity at the time of death and that death occurs on or after
25June 27, 1997, the widow may elect to receive, in lieu of any
26other annuity provided under this Article, 50% of the deceased

 

 

HB2995- 19 -LRB097 10452 JDS 50680 b

1employee's retirement annuity at the time of death reduced by
20.25% for each month that the widow's age on the date of death
3is less than 55; except that if the employee dies on or after
4January 1, 1998 and withdrew from service on or after June 27,
51997 at age 50 or over with at least 30 years of service or at
6age 55 or over with at least 25 years of service, there shall
7be no reduction due to the widow's age if she has attained age
850 on or before the employee's date of death, and if the widow
9has not attained age 50 on or before the employee's date of
10death the amount otherwise provided in this subsection (i)
11shall be reduced by 0.25% for each month that her age on the
12date of death is less than 50 years. However, in cases where a
13refund of excess contributions for widow's annuity has been
14paid by the Fund, the benefit provided by this subsection (i)
15is contingent upon repayment of the refund to the Fund with
16interest at the effective rate from the date of refund to the
17date of payment.
18    (j) For widows of employees who died before January 23,
191987 after retirement on annuity or in service, the maximum
20dollar amount limitation on widow's annuity shall cease to
21apply, beginning with the first annuity payment after the
22effective date of this amendatory Act of 1997; except that if a
23refund of excess contributions for widow's annuity has been
24paid by the Fund, the increase resulting from this subsection
25(j) shall not begin before the refund has been repaid to the
26Fund, together with interest at the effective rate from the

 

 

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1date of the refund to the date of repayment.
2    (k) In lieu of any other annuity provided in this Article,
3an eligible spouse of an employee who dies in service on or
4after January 1, 2002 (regardless of whether that death in
5service occurs prior to the effective date of this amendatory
6Act of the 93rd General Assembly) with at least 10 years of
7service shall be entitled to an annuity of 50% of the minimum
8formula annuity earned and accrued to the credit of the
9employee at the date of death. For the purposes of this
10subsection, the minimum formula annuity earned and accrued to
11the credit of the employee is equal to 2.40% for each year of
12service of the highest average annual salary for any 4
13consecutive years within the last 10 years of service
14immediately preceding the date of death, up to a maximum of 80%
15of the highest average annual salary. This annuity shall not be
16reduced due to the age of the employee or spouse. In addition
17to any other eligibility requirements under this Article, the
18spouse is eligible for this annuity only if the marriage was in
19effect for 10 full years or more.
20(Source: P.A. 92-599, eff. 6-28-02; 93-654, eff. 1-16-04.)
 
21    Section 90. The State Mandates Act is amended by adding
22Section 8.35 as follows:
 
23    (30 ILCS 805/8.35 new)
24    Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8

 

 

HB2995- 21 -LRB097 10452 JDS 50680 b

1of this Act, no reimbursement by the State is required for the
2implementation of any mandate created by this amendatory Act of
3the 97th General Assembly.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.