093_HB2137

                                     LRB093 07354 LRD 07516 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 9-155 as follows:

 6        (40 ILCS 5/9-155) (from Ch. 108 1/2, par. 9-155)
 7        Sec.  9-155.   Amount  of  child's  annuity.   Except  as
 8    otherwise limited by this Section, a child's annuity shall be
 9    $140 per month for each child.
10        Annuities that become payable before July  1,  2003,  and
11    shall be subject to the following limitations:
12             (1)  If  the  combined  annuities  for the widow and
13        children of an employee whose death resulted from  injury
14        incurred  in the performance of duty, or for the children
15        where  a  widow  does  not  exist,  exceed  70%  of   the
16        employee's  final  monthly  salary,  the annuity for each
17        child shall be reduced pro  rata  so  that  the  combined
18        annuities   for   the   family   shall  not  exceed  such
19        limitation.
20             (2)  For the family of an employee  whose  death  is
21        the result of any cause other than injury incurred in the
22        performance  of duty, in which the combined annuities for
23        the family exceed 60% of  the  employee's  final  monthly
24        salary,  the  annuity for each child shall be reduced pro
25        rata so that the combined annuities for the family  shall
26        not exceed such limitation.
27        Annuities  that  become  payable on or after July 1, 2003
28    shall be subject to the following limitations:
29             (1)  If the combined annuities  for  the  widow  and
30        children  of an employee whose death resulted from injury
31        incurred in the performance of duty, or for the  children
 
                            -2-      LRB093 07354 LRD 07516 b
 1        where   a  widow  does  not  exist,  exceed  85%  of  the
 2        employee's final monthly salary,  the  annuity  for  each
 3        child  shall  be  reduced  pro  rata so that the combined
 4        annuities  for  the  family   shall   not   exceed   such
 5        limitation.
 6             (2)  For  the  family  of an employee whose death is
 7        the result of any cause other than injury incurred in the
 8        performance of duty, in which the combined annuities  for
 9        the  family  exceed  75%  of the employee's final monthly
10        salary, the annuity for each child shall be  reduced  pro
11        rata  so that the combined annuities for the family shall
12        not exceed such limitation.
13        Any annuity that becomes payable on or after July 1, 2003
14    and before the effective date of this amendatory Act  of  the
15    93rd  General  Assembly  shall be recalculated to reflect the
16    changes made by this amendatory Act.
17        A child's annuity shall be paid  to  the  parent  who  is
18    providing  for  the  child,  unless  another  person has been
19    appointed the child's legal guardian.
20        Beginning with any child's annuity  payment  made  on  or
21    after  July  1, 1988, all child's annuities otherwise payable
22    at the rate of $140 per month shall be increased  to  10%  of
23    the  employee's salary at date of death if greater than $140,
24    subject to the limitation that the combined annuities  for  a
25    family  may  not exceed the applicable amount hereinbefore in
26    this Section stated.
27    (Source: P.A. 86-272.)

28        Section 90.  The State Mandates Act is amended by  adding
29    Section 8.27 as follows:

30        (30 ILCS 805/8.27 new)
31        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
32    and 8 of this Act, no reimbursement by the State is  required
 
                            -3-      LRB093 07354 LRD 07516 b
 1    for  the  implementation  of  any  mandate  created  by  this
 2    amendatory Act of the 93rd General Assembly.

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.