Illinois General Assembly - Full Text of SB1768
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Full Text of SB1768  93rd General Assembly

SB1768 93rd General Assembly


093_SB1768

 
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 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  4.   The  Illinois  Pension  Code  is amended by
 5    changing Sections 3-111.1 and 3-116.1 as follows:

 6        (40 ILCS 5/3-111.1) (from Ch. 108 1/2, par. 3-111.1)
 7        Sec. 3-111.1.  Increase in pension.
 8        (a)  Except as provided in subsection  (e),  the  monthly
 9    pension  of  a police officer who retires after July 1, 1971,
10    and prior to January 1, 1986, shall be increased, upon either
11    the first of the month following the first anniversary of the
12    date of retirement if the officer is 60 years of age or  over
13    at  retirement  date,  or  upon  the  first  day of the month
14    following attainment of age 60 if it occurs after  the  first
15    anniversary  of  retirement,  by 3% of the originally granted
16    pension and by an additional 3%  of  the  originally  granted
17    pension in January of each year thereafter.
18        (b)  The  monthly pension of a police officer who retired
19    from service with 20 or more years of service, on  or  before
20    July  1,  1971,  shall  be  increased  in January of the year
21    following the year of attaining age 65 or in January of 1972,
22    if then over age 65, by 3% of the originally granted  pension
23    for  each  year the police officer received pension payments.
24    In each January  thereafter,  he  or  she  shall  receive  an
25    additional increase of 3% of the original pension.
26        (c)  The  monthly pension of a police officer who retires
27    on disability or is retired  for  disability,  other  than  a
28    disability  incurred  in the line of duty, shall be increased
29    in January of the year following the year  of  attaining  age
30    60,  by  3% of the original grant of pension for each year he
31    or  she  received  pension   payments.    In   each   January
 
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 1    thereafter,  the  police  officer shall receive an additional
 2    increase of 3% of the original pension.
 3        The monthly pension of a police officer who retires on or
 4    is retired for disability incurred in the line of duty  shall
 5    be  increased  on  the  first  day of the month following the
 6    month in which he or  she  attains  age  55,  by  3%  of  the
 7    original  grant  of  pension for each year he or she received
 8    pension payments.  In each  January  thereafter,  the  police
 9    officer  shall  receive  an  additional increase of 3% of the
10    original pension.  The changes to  this  subsection  made  by
11    this  amendatory  Act  of  the  93rd General Assembly are not
12    limited  to  persons  in  active  service  on  or  after  the
13    effective date of this amendatory Act, but they do not  apply
14    to  any  person  who  received an initial increase under this
15    subsection (c) before that effective date.
16        (d)  The monthly pension of a police officer who  retires
17    after  January  1,  1986, shall be increased, upon either the
18    first of the month following the  first  anniversary  of  the
19    date of retirement if the officer is 55 years of age or over,
20    or  upon  the  first day of the month following attainment of
21    age  55  if  it  occurs  after  the  first   anniversary   of
22    retirement,  by  1/12 of 3% of the originally granted pension
23    for each full month that has elapsed since the pension began,
24    and by an additional 3% of the originally granted pension  in
25    January of each year thereafter.
26        The   changes   made  to  this  subsection  (d)  by  this
27    amendatory Act of the 91st  General  Assembly  apply  to  all
28    initial  increases  that become payable under this subsection
29    on or after January 1,  1999.   All  initial  increases  that
30    became  payable  under this subsection on or after January 1,
31    1999 and before the effective date  of  this  amendatory  Act
32    shall  be recalculated and the additional amount accruing for
33    that period, if any, shall be payable to the pensioner  in  a
34    lump sum.
 
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 1        (e)  Notwithstanding  the  provisions  of subsection (a),
 2    upon the first day of  the  month  following  (1)  the  first
 3    anniversary  of the date of retirement, or (2) the attainment
 4    of age 55, or (3) July 1, 1987, whichever occurs latest,  the
 5    monthly  pension  of a police officer who retired on or after
 6    January 1, 1977 and on or before January 1, 1986, and did not
 7    receive an increase under subsection (a) before July 1, 1987,
 8    shall be increased by 3% of the  originally  granted  monthly
 9    pension for each full year that has elapsed since the pension
10    began,  and  by  an  additional  3% of the originally granted
11    pension in each January thereafter.  The  increases  provided
12    under  this  subsection are in lieu of the increases provided
13    in subsection (a).
14        (f)  Notwithstanding  the  other   provisions   of   this
15    Section, beginning with increases granted on or after July 1,
16    1993,   the   second  and  all  subsequent  automatic  annual
17    increases granted under subsection (a), (b), (d), or  (e)  of
18    this  Section  shall  be  calculated  as  3% of the amount of
19    pension payable at the time of the  increase,  including  any
20    increases  previously granted under this Section, rather than
21    3% of the originally granted pension amount.  Section 1-103.1
22    does not apply to this subsection (f).
23    (Source: P.A. 91-939, eff. 2-1-01.)

24        (40 ILCS 5/3-116.1) (from Ch. 108 1/2, par. 3-116.1)
25        Sec. 3-116.1.  Disability pension option.
26        (a)  A police officer age 50 or older who is receiving  a
27    disability  pension  may by written application to the board,
28    elect the disability pension  option  if  the  period  during
29    which  a disability pension was paid when added to the period
30    of active service equals at least  20  years.   The  election
31    shall  permit the officer to continue to receive a retirement
32    pension for the remainder of his or her life of  1/2  of  the
33    salary at the date of the retirement on disability in lieu of
 
                            -4-      LRB093 11014 EFG 11674 b
 1    any  amounts  which  would  have  been payable to the officer
 2    under Section 3-111.
 3        (b)  A police officer age 50 or older who is receiving  a
 4    disability  pension  under  Section  3-114.1  may, by written
 5    application to  the  board,  elect  to  convert  his  or  her
 6    disability pension into a retirement pension.  The retirement
 7    pension shall be based on the salary attached, at the time of
 8    conversion,  to  the highest rank held by the police officer,
 9    and the period during which a  disability  pension  was  paid
10    under   Section  3-114.1  shall  be  included  as  creditable
11    service.   The  retirement  annuity  shall  be   subject   to
12    increases  under  Section  3-111.1  in  the  same  manner  as
13    retirement pensions granted under Section 3-111.
14        This  subsection  (b) is not limited to persons in active
15    service on or after the effective date of this amendatory Act
16    of the 93rd General Assembly.
17        (c)  A pension elected under this Section is in  lieu  of
18    any pension otherwise payable under Section 3-111.
19    (Source: P.A. 83-1440.)

20        Section  90.  The State Mandates Act is amended by adding
21    Section 8.27 as follows:

22        (30 ILCS 805/8.27 new)
23        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
24    and  8 of this Act, no reimbursement by the State is required
25    for  the  implementation  of  any  mandate  created  by  this
26    amendatory Act of the 93rd General Assembly.

27        Section 99. Effective date.  This Act takes  effect  upon
28    becoming law.