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91_HB3109
LRB9109815EGfg
1 AN ACT to amend the Illinois Pension Code and the State
2 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 Sections 6-141.1, 6-150, and 6-213 and adding
7 Section 6-210.2 as follows:
8 (40 ILCS 5/6-141.1) (from Ch. 108 1/2, par. 6-141.1)
9 Sec. 6-141.1. Widow's annuity - death on or after June
10 30, 1984.
11 (a) Notwithstanding the other provisions of this
12 Article, the widow of a fireman who dies on or after June 30,
13 1984, while receiving a retirement annuity or while an active
14 fireman with at least 1 1/2 years of creditable service, and
15 the widow of a fireman who dies after separation from service
16 with at least 20 years of service credit, if the separation
17 occurs on or after January 1, 1990 and before attainment of
18 age 50, may elect, in lieu of any other widow's annuity under
19 this Article, to have the amount of widow's annuity
20 calculated in accordance with this Section.
21 (b) If the deceased fireman was an active fireman at the
22 time of his death and had at least 1 1/2 years of creditable
23 service, the widow's annuity shall be the greater of (1) 30%
24 of the salary attached to the rank of first class firefighter
25 in the classified career service at the time of the fireman's
26 death, or (2) 50% of the retirement annuity the deceased
27 fireman would have been eligible to receive if he had retired
28 from service on the day before his death.
29 (c) If the deceased fireman was receiving a retirement
30 annuity at the time of his death, the widow's annuity shall
31 be equal to 50% of the amount of such retirement annuity at
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1 the time of the fireman's death.
2 (d) If the deceased fireman dies before beginning to
3 receive a retirement annuity, but after separation from
4 service with at least 20 years of service credit, and if the
5 separation occurs on or after January 1, 1990 and before
6 attainment of age 50, the widow may elect a widow's annuity,
7 payable beginning on the date the deceased fireman would have
8 attained age 50, which shall be equal to 50% of the amount of
9 the retirement annuity the fireman would have been entitled
10 to receive beginning at age 50.
11 (Source: P.A. 84-11.)
12 (40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150)
13 Sec. 6-150. Death benefit.
14 (a) Effective January 1, 1962, an ordinary death benefit
15 shall be payable on account of any fireman in service and in
16 receipt of salary on or after such date, which benefit shall
17 be in addition to all other annuities and benefits herein
18 provided. This benefit shall be payable upon death of a
19 fireman:
20 (1) occurring in active service while in receipt of
21 salary;
22 (2) on an authorized and approved leave of absence,
23 without salary, beginning on or after January 1, 1962, if
24 the death occurs within 60 days from the date the fireman
25 was in receipt of salary;
26 (3) receiving duty, occupational disease, or
27 ordinary disability benefit;
28 (4) occurring within 60 days from the date of
29 termination of duty disability, occupational disease
30 disability or ordinary disability benefit payments if
31 re-entry into service had not occurred;
32 (5) occurring on retirement and while in receipt of
33 an age and service, prior service annuity or minimum
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1 annuity; provided (a) retirement on such annuity occurred
2 on or after January 1, 1962, and (b) such separation from
3 service was effective on or after the fireman's
4 attainment of age 50, and (c) application for such
5 annuity was made within 60 days after separation from
6 service.
7 (b) The ordinary death benefit shall be payable to such
8 beneficiary or beneficiaries as the fireman has nominated by
9 written direction duly signed and acknowledged before an
10 officer authorized to take acknowledgments, and filed with
11 the board. If no such written direction has been filed or if
12 the designated beneficiaries do not survive the fireman,
13 payment of the benefit shall be made to his estate.
14 (c) Beginning July 1, 1983, if death occurs prior to
15 retirement on annuity and before the fireman's attainment of
16 age 50, the amount of the benefit payable shall be $12,000.
17 Beginning July 1, 1983, if death occurs prior to retirement,
18 at age 50 or over, the benefit of $12,000 shall be reduced
19 $400 for each year (commencing on the fireman's attainment of
20 age 50 and thereafter on each succeeding birth date) that the
21 fireman's age, at date of death, is more than age 49, but in
22 no event below the amount of $6,000.
23 Beginning July 1, 1983, if the fireman's death occurs
24 while he is in receipt of an annuity, the benefit shall be
25 $6,000.
26 (d) An ordinary death benefit of $6,000 shall be payable
27 on account of any fireman who dies before beginning to
28 receive a retirement annuity but after separation from
29 service, if that separation occurs (1) on or after January 1,
30 1990 and before the fireman's attainment of age 50, and (2)
31 with at least 20 years of service credit; provided that the
32 fireman must contribute to the Fund a sum equal to an active
33 fireman's monthly death benefit contribution for each full or
34 partial month between separation from service and attainment
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1 of age 50. This contribution must be paid in full within 60
2 days after the effective date of this amendatory Act of the
3 91st General Assembly or within 60 days after separation from
4 service, whichever is later.
5 (Source: P.A. 83-152.)
6 (40 ILCS 5/6-210.2 new)
7 Sec. 6-210.2. Payments and rollovers.
8 (a) The Board may adopt rules prescribing the manner of
9 repaying refunds and purchasing any other credits permitted
10 under this Article. The rules may prescribe the manner of
11 calculating interest when payments or repayments are made in
12 installments.
13 (b) Rollover contributions from other retirement plans
14 qualified under the Internal Revenue Code of 1986 may be used
15 to purchase any optional credit or repay any refund permitted
16 under this Article.
17 (40 ILCS 5/6-213) (from Ch. 108 1/2, par. 6-213)
18 Sec. 6-213. Annuities, etc., exempt. All pensions,
19 annuities, refunds and disability benefits granted under this
20 Article and every portion thereof, are exempt from attachment
21 or garnishment process and shall not be seized, taken,
22 subjected to, detained, or levied upon by virtue of any
23 judgment or any process or proceeding whatsoever entered or
24 issued by or out of any court in this State, for the payment
25 and satisfaction in whole or in part of any debt, damage,
26 claim, demand, or judgment against any pensioner, annuitant,
27 applicant for a refund or other beneficiary hereunder.
28 No pensioner, annuitant, applicant for a refund,
29 disability beneficiary or other beneficiary has a right to
30 transfer or assign his or her pension, annuity, refund or
31 disability benefit or any part thereof by mortgage or
32 otherwise, except that (1) an annuitant or disability
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1 beneficiary may direct in writing that a monthly payment be
2 made to such association or organization with which he or his
3 widow may be affiliated by virtue of his fire service, or for
4 hospitalization insurance purposes and (2) in the case of
5 refunds, a participant may pledge by assignment, power of
6 attorney, or otherwise, as security for a loan from a legally
7 operating credit union making loans only to participants in
8 certain public employee pension funds described in the
9 Illinois Pension Code, all or part of any refund which may
10 become payable to him in the event of his separation from
11 service.
12 An annuitant may execute under oath a written waiver of
13 his right to receive all or any part of his annuity. The
14 waiver shall take effect upon being filed with the board and
15 shall be irrevocable. The annuity shall thereupon be
16 permanently reduced by the amount waived.
17 The board, in its discretion, however, may pay to the
18 wife of any above stated person, such proportion of her
19 husband's annuity, pension, refund or disability benefit as a
20 court may order, or such an amount as the board may consider
21 necessary for her support or for the support of herself and
22 the children, in the event of his failure to provide such
23 support. The board may also retain out of any future
24 annuity, pension, refund or disability benefit payment such
25 amount or amounts, as it may in its discretion set for the
26 purpose of repayment into this fund of any moneys paid to
27 such person through misrepresentation, fraud or error. Any
28 action herein provided to be taken by the board shall, when
29 taken, release the board and the fund from any liability for
30 any moneys retained or paid out as herein provided.
31 Whenever any annuity, pension, refund or disability
32 benefit is payable to a minor or to a person adjudged to be
33 under legal disability, the board in its discretion when to
34 the apparent interest of such minor or person under legal
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1 disability may waive guardianship proceedings and pay such
2 money to the person providing for or caring for such minor
3 and to the wife, parent or blood relative providing or caring
4 for such person under legal disability.
5 Whenever a pensioner, annuitant, applicant for refund or
6 disability beneficiary disappears or his whereabouts are
7 unknown and it cannot be ascertained whether or not he is
8 living, there shall be paid to his wife under this section
9 the amount which would be payable to her in the event her
10 fireman husband had died on the date of his disappearance. In
11 the event of his subsequent return, or upon satisfactory
12 proof of his being alive, the amount theretofore paid to his
13 wife shall be charged against any moneys payable to him under
14 any of the provisions of this Article as though such payment
15 to his wife had been an allowance to her out of the moneys
16 payable to him as such pensioner, annuitant, applicant for
17 refund or disability beneficiary.
18 (Source: P.A. 87-1265.)
19 Section 90. The State Mandates Act is amended by adding
20 Section 8.24 as follows:
21 (30 ILCS 805/8.24 new)
22 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6
23 and 8 of this Act, no reimbursement by the State is required
24 for the implementation of any mandate created by this
25 amendatory Act of the 91st General Assembly.
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.