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91_HB1069
LRB9102044EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 7-116 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 7-116 as follows:
7 (40 ILCS 5/7-116) (from Ch. 108 1/2, par. 7-116)
8 Sec. 7-116. "Final rate of earnings":
9 (a) For retirement and survivor annuities, the monthly
10 earnings obtained by dividing the total earnings received by
11 the employee during the period of either (1) the 48
12 consecutive months of service within the last 120 months of
13 service in which his total earnings were the highest or (2)
14 the employee's total period of service, by the number of
15 months of service in such period.
16 (b) For death benefits, the higher of the rate
17 determined under paragraph (a) of this Section or total
18 earnings received in the last 12 months of service divided by
19 twelve. If the deceased employee has less than 12 months of
20 service, the monthly final rate shall be the monthly rate of
21 pay the employee was receiving when he began service.
22 (c) For disability benefits, the total earnings of a
23 participating employee in the last 12 calendar months of
24 service prior to the date he becomes disabled divided by 12.
25 (d) For persons who have at least 20 years of service
26 credit as a sheriff's law enforcement employee, the rate of
27 earnings on the last day of service in that capacity or the
28 rate determined under the other provisions of this Section,
29 whichever is greater.
30 (e) In computing the final rate of earnings: (1) the
31 earnings rate for all periods of prior service shall be
-2- LRB9102044EGfg
1 considered equal to the average earnings rate for the last 3
2 calendar years of prior service for which creditable service
3 is received under Section 7-139 or, if there is less than 3
4 years of creditable prior service, the average for the total
5 prior service period for which creditable service is received
6 under Section 7-139; (2) for out of state service and
7 authorized leave, the earnings rate shall be the rate upon
8 which service credits are granted; (3) periods of military
9 leave shall not be considered; (4) the earnings rate for all
10 periods of disability shall be considered equal to the rate
11 of earnings upon which the employee's disability benefits are
12 computed for such periods; (5) the earnings to be considered
13 for each of the final three months of the final earnings
14 period shall not exceed 125% of the highest earnings of any
15 other month in the final earnings period; and (6) the annual
16 amount of final rate of earnings shall be the monthly amount
17 multiplied by the number of months of service normally
18 required by the position in a year.
19 (Source: P.A. 90-448, eff. 8-16-97.)
20 Section 90. The State Mandates Act is amended by adding
21 Section 8.23 as follows:
22 (30 ILCS 805/8.23 new)
23 Sec. 8.23. 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 91st General Assembly.
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.