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90_HB0836
40 ILCS 5/3-111 from Ch. 108 1/2, par. 3-111
40 ILCS 5/3-111.1 from Ch. 108 1/2, par. 3-111.1
40 ILCS 5/3-112.1 new
30 ILCS 805/8.21 new
Amends the Downstate Police Article of the Pension Code
to provide a noncompounded 3% annual increase in survivor
pensions. Bases the calculation of retirement pensions and
the initial automatic annual increase in retirement pension
on the number of months (rather than full years) of
creditable service. Amends the State Mandates Act to require
implementation without reimbursement. Effective immediately.
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LRB9002619EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 3-111 and 3-111.1 and adding Section 3-112.1 and to
3 amend the State Mandates Act.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Pension Code is amended by
7 changing Sections 3-111 and 3-111.1 and adding Section
8 3-112.1 as follows:
9 (40 ILCS 5/3-111) (from Ch. 108 1/2, par. 3-111)
10 Sec. 3-111. Pension.
11 (a) A police officer age 50 or more with 20 or more years
12 of creditable service, who is no longer in service as a
13 police officer, shall receive a pension of 1/2 of the salary
14 attached to the rank held by the officer on the police force
15 for one year immediately prior to retirement or, beginning
16 July 1, 1987 for persons terminating service on or after that
17 date, the salary attached to the rank held on the last day of
18 service or for one year prior to the last day, whichever is
19 greater. The pension shall be increased by 1/12th of 2% of
20 such salary for each additional month year of service over 20
21 years, up to 30 years, and by 1/12th of 1% of such salary for
22 each additional month year of service over 30 years, to a
23 maximum of 75% of such salary. No pension in effect on or
24 granted after June 30, l973 shall be less than $200 per
25 month. Beginning July 1, 1987, the minimum retirement
26 pension for a police officer having at least 20 years of
27 creditable service shall be $400 per month, without regard to
28 whether or not retirement occurred prior to that date.
29 (b) A police officer mandatorily retired from service
30 due to age by operation of law, having at least 8 but less
31 than 20 years of creditable service, shall receive a pension
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1 equal to 1/12th of 2.5% 2 1/2% of the salary attached to the
2 rank he or she held on the police force for one year
3 immediately prior to retirement or, beginning July 1, 1987
4 for persons terminating service on or after that date, the
5 salary attached to the rank held on the last day of service
6 or for one year prior to the last day, whichever is greater,
7 for each month year of creditable service.
8 A police officer who retires or is separated from service
9 having at least 8 years but less than 20 years of creditable
10 service, who is not mandatorily retired due to age by
11 operation of law, and who does not apply for a refund of
12 contributions at his or her last separation from police
13 service, shall receive a pension upon attaining age 60 equal
14 to 1/12th of 2.5% of the salary attached to the rank held by
15 the police officer on the police force for one year
16 immediately prior to retirement or, beginning July 1, 1987
17 for persons terminating service on or after that date, the
18 salary attached to the rank held on the last day of service
19 or for one year prior to the last day, whichever is greater,
20 for each month year of creditable service.
21 (Source: P.A. 85-941.)
22 (40 ILCS 5/3-111.1) (from Ch. 108 1/2, par. 3-111.1)
23 Sec. 3-111.1. Increase in pension.
24 (a) Except as provided in subsection (e), the monthly
25 pension of a police officer who retires after July 1, 1971,
26 and prior to January 1, 1986, shall be increased, upon either
27 the first of the month following the first anniversary of the
28 date of retirement if the officer is 60 years of age or over
29 at retirement date, or upon the first day of the month
30 following attainment of age 60 if it occurs after the first
31 anniversary of retirement, by 3% of the originally granted
32 pension and by an additional 3% of the originally granted
33 pension in January of each year thereafter.
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1 (b) The monthly pension of a police officer who retired
2 from service with 20 or more years of service, on or before
3 July 1, 1971, shall be increased in January of the year
4 following the year of attaining age 65 or in January of 1972,
5 if then over age 65, by 3% of the originally granted pension
6 for each year the police officer received pension payments.
7 In each January thereafter, he or she shall receive an
8 additional increase of 3% of the original pension.
9 (c) The monthly pension of a police officer who retires
10 on disability or is retired for disability shall be increased
11 in January of the year following the year of attaining age
12 60, by 0.25% 3% of the original grant of pension for each
13 month year he or she received pension payments. In each
14 January thereafter, the police officer shall receive an
15 additional increase of 3% of the original pension.
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 at the retirement date, or upon the first day of the month
21 following attainment of age 55 if it occurs after the first
22 anniversary of retirement, by 0.25% 3% of the originally
23 granted pension for each full month year that has elapsed
24 since the pension began, and by an additional 3% of the
25 originally granted pension in January of each year
26 thereafter.
27 (e) Notwithstanding the provisions of subsection (a),
28 upon the first day of the month following (1) the first
29 anniversary of the date of retirement, or (2) the attainment
30 of age 55, or (3) July 1, 1987, whichever occurs latest, the
31 monthly pension of a police officer who retired on or after
32 January 1, 1977 and on or before January 1, 1986, and did not
33 receive an increase under subsection (a) before July 1, 1987,
34 shall be increased by 0.25% 3% of the originally granted
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1 monthly pension for each full month year that has elapsed
2 since the pension began, and by an additional 3% of the
3 originally granted pension in each January thereafter. The
4 increases provided under this subsection are in lieu of the
5 increases provided in subsection (a).
6 (f) Notwithstanding the other provisions of this
7 Section, beginning with increases granted on or after July 1,
8 1993, the second and all subsequent automatic annual
9 increases granted under subsection (a), (b), (d), or (e) of
10 this Section shall be calculated as 3% of the amount of
11 pension payable at the time of the increase, including any
12 increases previously granted under this Section, rather than
13 3% of the originally granted pension amount. Section 1-103.1
14 does not apply to this subsection (f).
15 (Source: P.A. 87-1265.)
16 (40 ILCS 5/3-112.1 new)
17 Sec. 3-112.1. Automatic annual increase in pension to
18 survivors. Beginning January 1, 1998, every pension payable
19 to the survivor of a deceased police officer shall be
20 increased on each January 1 occurring on or after the first
21 anniversary of the commencement of the pension, by an amount
22 equal to 3% of the originally granted pension, without regard
23 to whether the deceased police officer was in service on or
24 after the effective date of this amendatory Act of 1997.
25 Section 90. The State Mandates Act is amended by adding
26 Section 8.21 as follows:
27 (30 ILCS 805/8.21 new)
28 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
29 and 8 of this Act, no reimbursement by the State is required
30 for the implementation of any mandate created by this
31 amendatory Act of 1997.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.