State of Illinois
91st General Assembly
Legislation

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91_HB0393

 
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 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Section 4-109.1 and to amend the State Mandates Act.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Illinois  Pension  Code  is amended by
 6    changing Section 4-109.1 as follows:

 7        (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
 8        Sec. 4-109.1.  Increase in pension.
 9        (a)  Except as provided in subsection  (e),  the  monthly
10    pension  of  a firefighter who retires after July 1, 1971 and
11    prior to January 1, 1986, shall, upon either the first of the
12    month  following  the  first  anniversary  of  the  date   of
13    retirement  if 60 years of age or over at retirement date, or
14    upon the first day of the month following attainment  of  age
15    60 if it occurs after the first anniversary of retirement, be
16    increased by 2% of the originally granted monthly pension and
17    by  an  additional  2% in each January thereafter.  Effective
18    January 1976, the rate of the annual increase shall be 3%  of
19    the originally granted monthly pension.
20        (b)  The  monthly  pension  of  a firefighter who retired
21    from service with 20 or more years of service, on  or  before
22    July  1,  1971,  shall  be  increased, in January of the year
23    following the year of attaining age 65 or in January 1972, if
24    then over age 65, by 2% of  the  originally  granted  monthly
25    pension,  for  each  year  the  firefighter  received pension
26    payments.  In  each  January  thereafter,  he  or  she  shall
27    receive  an additional increase of 2% of the original monthly
28    pension.  Effective January 1976,  the  rate  of  the  annual
29    increase shall be 3%.
30        (c)  The   monthly   pension  of  a  firefighter  who  is
31    receiving a disability pension under this  Article  shall  be
 
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 1    increased,  in  January  of  the  year following the year the
 2    firefighter attains age 60, or in January 1974, if then  over
 3    age  60,  by 2% of the originally granted monthly pension for
 4    each year he or she  received  pension  payments.    In  each
 5    January   thereafter,   the   firefighter  shall  receive  an
 6    additional increase of 2% of the  original  monthly  pension.
 7    Effective January 1976, the rate of the annual increase shall
 8    be 3%.
 9        (c-1)  On  January  1,  1998,  every  child's  disability
10    benefit  payable  on that date under Section 4-110 or 4-110.1
11    shall be increased by an amount equal to 1/12 of  3%  of  the
12    amount of the benefit, multiplied by the number of months for
13    which  the  benefit  has  been  payable.   On  each January 1
14    thereafter, every child's disability  benefit  payable  under
15    Section  4-110  or  4-110.1  shall  be increased by 3% of the
16    amount of the benefit then being paid, including any previous
17    increases received under this Article.  These  increases  are
18    not  subject  to any limitation on the maximum benefit amount
19    included in Section 4-110 or 4-110.1.
20        (d)  The monthly pension of  a  firefighter  who  retires
21    after  January  1,  1986, shall, upon either the first of the
22    month  following  the  first  anniversary  of  the  date   of
23    retirement  if 55 years of age or over at retirement date, or
24    upon the first day of the month following attainment  of  age
25    55 if it occurs after the first anniversary of retirement, be
26    increased  by  1/12  of  3% of the originally granted monthly
27    pension for each full month year that has elapsed  since  the
28    pension  began,  and  by  an  additional  3%  in each January
29    thereafter.
30        (e)  Notwithstanding the provisions  of  subsection  (a),
31    upon  the  first  day  of  the  month following (1) the first
32    anniversary of the date of retirement, or (2) the  attainment
33    of  age 55, or (3) July 1, 1987, whichever occurs latest, the
34    monthly pension of a firefighter  who  retired  on  or  after
 
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 1    January  1, 1977 and on or before January 1, 1986 and did not
 2    receive an increase under subsection (a) before July 1, 1987,
 3    shall be increased by 3% of the  originally  granted  monthly
 4    pension for each full year that has elapsed since the pension
 5    began,  and  by  an additional 3% in each January thereafter.
 6    The increases provided under this subsection are in  lieu  of
 7    the increases provided in subsection (a).
 8    (Source: P.A. 90-32, eff. 6-27-97.)

 9        Section  90.  The State Mandates Act is amended by adding
10    Section 8.23 as follows:

11        (30 ILCS 805/8.23 new)
12        Sec. 8.23. Exempt mandate.   Notwithstanding  Sections  6
13    and  8 of this Act, no reimbursement by the State is required
14    for  the  implementation  of  any  mandate  created  by  this
15    amendatory Act of the 91st General Assembly.

16        Section 99. Effective date.  This Act takes  effect  upon
17    becoming law.

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