093_HB2803

 
                                     LRB093 09722 EFG 09962 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 9-146.1 as follows:

 6        (40 ILCS 5/9-146.1) (from Ch. 108 1/2, par. 9-146.1)
 7        Sec. 9-146.1. Minimum annuities for widows.  The widow of
 8    an  employee  who  retires  from service or dies while in the
 9    service  subsequent  to  June  11,  1965,  who  is  otherwise
10    eligible for widow's annuity under this Article and for  whom
11    the  amount  of  widow's  annuity  and  widow's prior service
12    annuity combined, fixed or  provided  for  such  widow  under
13    other  provisions  of  this Article 9 is less than the amount
14    hereinafter provided in this Section, shall, from  and  after
15    the  date her otherwise provided annuity would begin, in lieu
16    of such otherwise provided widow's and widow's prior  service
17    annuity,  be  entitled  to  the following indicated amount of
18    annuity:
19        (a)  The widow of any employee  who  dies  while  in  the
20    service  on  or after the date on which he attains the age of
21    60 or more years with at least 20 years of service, or 10  or
22    more  years of service if death occurs on or after attainment
23    of age 65 and on or after January 1, 1982, shall be  entitled
24    to  an  annuity  equal  to  one-half of the amount of annuity
25    which her  deceased  husband  would  have  been  entitled  to
26    receive  had  he  withdrawn  from  the  service  on  the  day
27    immediately preceding the date of his death, conditional upon
28    such  widow  having  attained  the age of 60 or more years on
29    such date. Such amount of widow's annuity shall not, however,
30    exceed the sum of $500 a month if  death  in  service  occurs
31    before July 1, 1985.
 
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 1        If  such widow of such described employee shall not be 60
 2    or more years of age  on  such  date  of  death,  the  amount
 3    provided  in  the immediately preceding paragraph for a widow
 4    60 or more years of age, shall, in the case of  such  younger
 5    widow,  be  reduced  by 1/2 of 1 per cent for each month that
 6    her then attained age is less than 60 years; except that such
 7    younger widow of an employee who dies while in service on  or
 8    after  July  1, 1985 with at least 30 years of service, shall
 9    not be subject to the reduction in widow's annuity because of
10    her age less than 60 on the date of the employee's death.
11        (b)  The widow, of any employee who  dies  subsequent  to
12    the  date of his retirement on annuity, and who so retired on
13    or after the date on which he attained the age of 60 or  more
14    years  with at least 20 years of service, or 10 or more years
15    of service if retirement occurs on or after attainment of age
16    65 and on or after January 1, 1982, shall be entitled  to  an
17    annuity  equal to one-half of the amount of annuity which her
18    deceased husband received as of the date of his retirement on
19    annuity, conditional upon such widow having attained the  age
20    of  60  or more years on the date of her husband's retirement
21    on  annuity.  Such  amount  of  widow's  annuity  shall  not,
22    however, exceed the sum of $500 a month if the  death  occurs
23    before the effective date of this amendatory Act of 1991.
24        If  such  widow of such described employee shall not have
25    attained such age of 60 or more years on  such  date  of  her
26    husband's  retirement  on annuity, the amount provided in the
27    immediately preceding paragraph for a widow 60 or more  years
28    of  age  on  the date of her husband's retirement on annuity,
29    shall, in the case of such then younger widow, be reduced  by
30    1/2  of  1 per cent for each month that her then attained age
31    was less than 60 years; except that such younger widow of  an
32    employee  retiring  on or after July 1, 1985 with at least 30
33    years of service, shall not be subject to  the  reduction  in
34    widow's  annuity  because of her age less than 60 on the date
 
                            -3-      LRB093 09722 EFG 09962 b
 1    of the employee's retirement.
 2        (c)  The  foregoing  provisions   relating   to   minimum
 3    annuities  for  widows  shall  not  apply to the widow of any
 4    former county employee receiving an annuity from the Fund  on
 5    June  11,  1965,  who re-enters service as a county employee,
 6    unless such employee renders at least 3 years  of  additional
 7    service after the date of re-entry.
 8        (d)  An  annuity  being  paid  to  a  surviving spouse on
 9    January  1,  1984  shall  be  increased  by  10%  and   shall
10    thereafter   be   paid   at  the  increased  rate  until  the
11    termination of the annuity by  death  or  other  cause.   The
12    annuity  for  a  qualifying  widow  shall not exceed $500 per
13    month.
14        (e)  The widow of any employee who dies while in  service
15    on  or  after  July 1, 1985 but prior to January 1, 1988, and
16    the widow of an employee who retires on or after July 1, 1985
17    but prior to January 1,  1988  with  at  least  10  years  of
18    service, and the widow of an employee who retires on or after
19    January  1,  1984  but prior to July 1, 1985 with at least 30
20    years of service, shall be entitled to an  annuity  equal  to
21    one-half  of the amount of annuity which her deceased husband
22    would have received had he retired immediately prior  to  his
23    death  or  one-half  the  amount  of  the  originally granted
24    retirement annuity, whichever is  applicable.   Such  widow's
25    annuity  will be reduced 0.5% for each month that the widow's
26    attained age  is  less  than  age  60  on  the  date  of  the
27    employee's  death  in service or retirement if the employee's
28    death in service or retirement is  before  January  1,  1988;
29    except  that  such younger widow of an employee with at least
30    30 years of service shall not be subject to the reduction  in
31    widow's  annuity  because of her age less than 60 on the date
32    of the employee's death in service or retirement.
33        The widow of an employee who dies in service on or  after
34    January  1, 1988, or retires on or after January 1, 1988 with
 
                            -4-      LRB093 09722 EFG 09962 b
 1    at least 10 years of service, shall be entitled to an annuity
 2    equal to 1/2 of the amount  of  annuity  which  her  deceased
 3    husband  would have received had he retired immediately prior
 4    to his death or 1/2 of the amount of the  annuity  which  her
 5    deceased  husband  received  as  of  the  date  of his death,
 6    whichever is  applicable.   Such  widow's  annuity  shall  be
 7    reduced  0.5% for each month that the widow's attained age is
 8    less than age 60 on the  date  of  the  employee's  death  if
 9    employee's death in service or retirement is after January 1,
10    1988;  except  that such younger widow of an employee with at
11    least 30 years  of  service  shall  not  be  subject  to  the
12    reduction  in  widow's annuity because of her age on the date
13    of the employee's death.
14        In lieu of any other annuity provided  by  this  Article,
15    the  widow  of  an  employee  who dies in service on or after
16    January 1, 1992, or retires on or after January 1, 1992  with
17    at least 10 years of service, shall be entitled to an annuity
18    equal  to  1/2  of  the  amount of annuity which her deceased
19    husband would have received had he retired immediately  prior
20    to  his  death  or 1/2 of the amount of the annuity which her
21    deceased husband received  as  of  the  date  of  his  death,
22    whichever  is  applicable.   Such  widow's  annuity  shall be
23    reduced 0.5% for each month that the widow's attained age  is
24    less  than age 55 on the date of the employee's death; except
25    that such younger widow of an employee with at least 30 years
26    of service shall not be subject to the reduction  in  widow's
27    annuity  because  of  her  age  on the date of the employee's
28    death.
29        In lieu of any other annuity provided  by  this  Article,
30    the  widow  of  an  employee who dies in service or withdraws
31    from service on or after January 1, 1992 but  before  January
32    1,  1993  at  age 55 or over with at least 5 but less than 10
33    years of service, shall be entitled to an  annuity  equal  to
34    half  of  the  amount  of  annuity which her deceased husband
 
                            -5-      LRB093 09722 EFG 09962 b
 1    would have received had he retired immediately prior  to  his
 2    death or half of the amount of the annuity which her deceased
 3    husband  received  as  of the date of his death, whichever is
 4    applicable.  This widow's annuity shall be reduced  0.5%  for
 5    each  month  that the widow's attained age is less than 60 on
 6    the date of the employee's death.
 7        However, in the case of an employee dying in service, the
 8    amount of widow's annuity shall not be less than 10%  of  the
 9    highest  average  annual  salary  for any 4 consecutive years
10    within the last 10 years of service immediately preceding the
11    date of withdrawal.  The maximum amount of annuity under this
12    paragraph shall not be limited  to  a  dollar  maximum.   The
13    provisions  of this paragraph shall not apply to the widow of
14    any former County employee receiving an annuity from the fund
15    who re-enters service  as  a  County  employee,  unless  such
16    employee renders at least 3 years of additional service after
17    the date of re-entry.
18        (f)  An  annuity being paid to a surviving spouse on July
19    1, 1988, shall be increased on that date by 1% for each  full
20    year that has elapsed from the date the annuity began.
21        (g)  In  lieu  of  any  other annuity provided under this
22    Article, if the deceased employee was receiving a  retirement
23    annuity  at the time of his death and that death occurs on or
24    after January 1, 1993, the widow's annuity shall  be  50%  of
25    the  deceased  employee's  retirement  annuity at the time of
26    death, reduced by 0.5% for each month that the widow's age on
27    the date of death is less than 55, except that the  reduction
28    does not apply if the deceased employee had at least 30 years
29    of service.
30        (h)  In  lieu  of  any  other annuity provided under this
31    Article, the widow of an employee who dies in service  on  or
32    after  July  1,  2002 or has at least 10 years of service and
33    dies on or after July 1,  2002  while  receiving  an  annuity
34    shall  be  entitled  to a widow's annuity equal to 65% of the
 
                            -6-      LRB093 09722 EFG 09962 b
 1    amount of annuity  which  her  deceased  husband  would  have
 2    received had he retired immediately prior to his death or 65%
 3    of  the  amount  of  the  annuity  which her deceased husband
 4    received  as  of  the  date  of  his  death,   whichever   is
 5    applicable.   This  widow's  annuity shall be reduced by 0.5%
 6    for each month that the  widow's  age  on  the  date  of  the
 7    employee's death is less than 55, unless the deceased husband
 8    had  at least 20 years of service (30 years of service if the
 9    death occurs before July 1, 2003).
10    (Source: P.A. 92-599, eff. 6-28-02.)

11        Section 90.  The State Mandates Act is amended by  adding
12    Section 8.27 as follows:

13        (30 ILCS 805/8.27 new)
14        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
15    and 8 of this Act, no reimbursement by the State is  required
16    for  the  implementation  of  any  mandate  created  by  this
17    amendatory Act of the 93rd General Assembly.

18        Section  99.  Effective date.  This Act takes effect upon
19    becoming law.