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92_HB0413 LRB9202003EGfg 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 5. The Illinois Pension Code is amended by 5 changing Sections 6-128, 6-140, 6-144, and 6-151 as follows: 6 (40 ILCS 5/6-128) (from Ch. 108 1/2, par. 6-128) 7 Sec. 6-128. Alternative annuity for future entrants. 8 (a) A future entrant who withdraws on or after July 21, 9 1959, after completing at least 23 years of service, and for 10 whom the annuity otherwise provided in this Article is less 11 than that stated in this Section, has a right to receive 12 annuity as follows: 13 If he is age 53 or more on withdrawal, his annuity after 14 withdrawal, shall be equal to 50% of his average salary 15
determined by striking an average of 4 consecutive highest16 years of salary within the last 10 years of service17 immediately preceding the date of withdrawal. 18 An employee who reaches compulsory retirement age and who 19 has less than 23 years of service shall be entitled to a 20 minimum annuity equal to an amount determined by the product 21 of (1) his years of service and (2) 2% of his average salary 22 for the 4 consecutive highest years of salary within the last23 10 years of service immediately prior to his reaching24 compulsory retirement age. 25 An employee who remains in service after qualifying for 26 annuity under this Section shall have added to this annuity 27 an additional 1% of average salary for each completed year of 28 service or fraction thereof rendered until July 21, 1959, and 29 an additional 1% for a total of 2% of average salary from 30 July 21, 1959. Each future entrant who has completed 23 31 years of service before reaching age 53 shall have added to -2- LRB9202003EGfg 1 this annuity 1% of average salary for each completed year of 2 service or fraction thereof in excess of 23 years up to age 3 53. "Salary" as referred to in this paragraph shall be4 determined by striking an average of the 4 consecutive5 highest years of salary within the last 10 years of service6 immediately preceding withdrawal.7 (b) In lieu of the annuity provided in the foregoing 8 provisions of this Section any future entrant who withdraws 9 from the service either (i) after December 31, 1983 with at 10 least 22 years of service credit and having attained age 52 11 in the service, or (ii) after December 31, 1984 with at least 12 21 years of service credit and having attained age 51 in the 13 service, or (iii) after December 31, 1985 with at least 20 14 years of service credit and having attained age 50 in the 15 service, or (iv) after December 31, 1990 with at least 20 16 years of service regardless of age, may elect to receive an 17 annuity, to begin not earlier than upon attainment of age 50 18 if under that age at withdrawal, computed as follows: an 19 annuity equal to 50% of theaverage salary for the 4 highest20 consecutive years of the last 10 years of service, plus 21 additional annuity equal to 2% of suchaverage salary for 22 each completed year of service or fraction thereof rendered 23 after his completion of the minimum number of years of 24 service required for him to be eligible under this subsection 25 (b). However, the annuity provided under this subsection (b) 26 may not exceed 80% 75%of suchaverage salary (75% if the 27 last day of service is before the effective date of this 28 amendatory Act of the 92nd General Assembly). 29 (c) For the purpose of this Section, "average salary" 30 means the average of the highest 4 consecutive years of 31 salary within the last 10 years of service. 32 (Source: P.A. 86-1488.) 33 (40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140) -3- LRB9202003EGfg 1 Sec. 6-140. Death in line of duty. 2 (a) The annuity for the widow of a fireman whose death 3 results from the performance of an act or acts of duty shall 4 be an amount equal to the following specified percentage 50%5 of the current annual salary attached to the classified 6 position to which the fireman was certified at the time of 7 his death: (i) 50% if the death occurs before January 1, 8 1973; (ii) and75% if the death occurs thereofafter December 9 31, 1972 and before the effective date of this amendatory Act 10 of the 92nd General Assembly; ,and (iii) 80% if the death 11 occurs on or after the effective date of this amendatory Act 12 of the 92nd General Assembly. The annuity itshall be 13 payable to the widow until the fireman, had he lived, would 14 have attained the age prescribed for compulsory retirement. 15 Thereafter the widow shall receive annuity of an amount 16 equal to 40% of the current annual salary attached to the 17 classified position to which the fireman was certified at the 18 time of his death. The benefits provided in this Section 19 shall be paid to all widows who qualified to receive said 20 benefits before the effective date of this amendatory Act and 21 to those widows who qualify after the effective date. 22 (b) Unless the performance of an act or acts of duty 23 results directly in the death of the fireman, or prevents him 24 from subsequently resuming active service in the fire 25 department, the annuity herein provided shall not be paid; 26 nor shall such annuities be paid unless the widow was the 27 wife of the fireman at the time of the act or acts of duty 28 which resulted in his death. 29 (Source: P. A. 77-1580.) 30 (40 ILCS 5/6-144) (from Ch. 108 1/2, par. 6-144) 31 Sec. 6-144. Maximum annuity to fireman. No annuity in 32 excess of 80% (75% if the last day of service is before the 33 effective date of this amendatory Act of the 92nd General -4- LRB9202003EGfg 1 Assembly) of the highest salary received by the fireman 2 concerned shall be granted or paid to him except to the 3 extent that the annuity may exceed that amount such 75%under 4 the provisions of Section 6-164 of this Article. 5 (Source: P. A. 77-1353.) 6 (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151) 7 Sec. 6-151. Duty disability. 8 (a) An active fireman who is or becomes disabled on or 9 after the effective date as the result of a specific injury, 10 or of cumulative injuries, or of specific sickness incurred 11 in or resulting from an act or acts of duty, shall have the 12 right to receive duty disability benefit during any period of 13 such disability for which he does not receive or have a right 14 to receive salary, equal to 80% 75%of his salary at the time 15 the disability is allowed (75% if the disability is allowed 16 before the effective date of this amendatory Act of the 92nd 17 General Assembly). However, beginning January 1, 1994, no 18 duty disability benefit that has been payable under this 19 Section for at least 10 years shall be less than 50% of the 20 current salary attached from time to time to the rank and 21 grade held by the fireman at the time of his removal from the 22 Department payroll, regardless of whether that removal 23 occurred before the effective date of this amendatory Act of 24 1993. 25 (b) Whenever an active fireman is or becomes so injured 26 or sick, as to require medical or hospital attention, the 27 chief officer of the fire department of the city shall file, 28 or cause to be filed, with the board a report of the nature 29 and cause of his disability, together with the certificate or 30 report of the physician attending or treating, or who 31 attended or treated the fireman, and a copy of any hospital 32 record concerning the disability. Any injury or sickness not 33 reported to the board in time to permit the board's physician -5- LRB9202003EGfg 1 to examine the fireman before his recovery, and any injury or 2 sickness for which a physician's report or copy of the 3 hospital record is not on file with the board shall not be 4 considered for the payment of duty disability benefit. 5 (c) Such fireman shall also receive a child's disability 6 benefit of $30 per month on account of each unmarried child, 7 the issue of the fireman or legally adopted by him prior to 8 the date of disability, who is less than 18 years of age or 9 handicapped and dependent upon the fireman for support. The 10 total amount of child's disability benefit shall not exceed 11 25% of his salary at the time the disability is allowed. 12 (d) The first payment of duty disability or child's 13 disability benefit shall be made not later than one month 14 after the benefit is granted. Each subsequent payment shall 15 be made not later than one month after the date of the latest 16 payment. 17 Duty disability benefit shall be payable during the 18 period of the disability until the fireman reaches the age of 19 compulsory retirement. Child's disability benefit shall be 20 paid to such a fireman during the period of disability until 21 such child or children attain age 18 or marries, whichever 22 event occurs first; except that attainment of age 18 by a 23 child who is so physically or mentally handicapped as to be 24 dependent upon the fireman for support, shall not render the 25 child ineligible for child's disability benefit. The fireman 26 shall thereafter receive such annuity or annuities as are 27 provided for him in accordance with other provisions of this 28 Article. 29 (Source: P.A. 88-528.) 30 Section 90. The State Mandates Act is amended by adding 31 Section 8.25 as follows: 32 (30 ILCS 805/8.25 new) -6- LRB9202003EGfg 1 Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 2 and 8 of this Act, no reimbursement by the State is required 3 for the implementation of any mandate created by this 4 amendatory Act of the 92nd General Assembly. 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.
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