Public Act 90-0551 of the 90th General Assembly
Public Act 90-0551
HB0345 Re-Enrolled LRB9002049EGfg
AN ACT to amend the Illinois Pension Code by changing
Section 5-114 and to amend the State Mandates Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pension Code is amended by
changing Section 5-114 as follows:
(40 ILCS 5/5-114) (from Ch. 108 1/2, par. 5-114)
Sec. 5-114. Salary. "Salary":
(a) Annual salary, provided that $2,600 shall be the
maximum amount of salary to be considered for any purpose
under this Act prior to July 1, 1927.
(b) Annual salary, provided that $3,000 shall be the
maximum amount of salary to be considered for any purpose
under this Act from July 1, 1927 to July 1, 1931.
(c) Annual salary, provided that the annual salary shall
be considered for age and service annuity, minimum annuity
and disability benefits and $3,000 shall be the maximum
amount of salary to be considered for prior service annuity,
widow's annuity, widow's prior service annuity and child's
annuity from July 1, 1931 to July 1, 1933.
(d) Beginning July 1, 1933, annual salary of a policeman
appropriated for members of his rank or grade in the city's
annual budget or appropriation bill, subject to the
following:
(1) For age and service annuity, minimum annuity
and disability benefits, the amount of annual salary
without limitation.;
(2) For prior service annuity, widow's annuity,
widow's prior service annuity and child's annuity from
July 1, 1933 to July 1, 1957, the amount of annual salary
up to a maximum of $3,000; beginning July 1, 1957, for
such annuities, the amount of annual salary without
limitation.
(3) When the salary appropriated is for a definite
period of service of less than 12 months in any one year,
disability benefits shall be computed on a daily wage
basis computed by dividing the amount appropriated by
365.
(e) For a policeman assigned to a non-civil service
position as provided in Section 5-174 from and after January
1, 1970, (with the hereinafter stated excess not considered
as salary for any purpose of this Article for any of the
years prior to 1970 except to the extent provided by the
election in Section 5-174), annual salary means the total
salary derived from appropriations applicable to the civil
service rank plus the excess over such amount paid for
service in the non-civil service position.
(f) Beginning January 1, 1998, the salary of a
policeman, as calculated under subsection (d), shall include
any duty availability allowance received by the policeman.
An active or former policeman who (1) either retired
between July 1, 1994 and December 31, 1997, both inclusive,
or attained or will attain age 50 and 20 years of service
between July 1, 1994 and January 1, 2002, both inclusive, and
(2) received a duty availability allowance at any time after
June 30, 1994 and before January 1, 1998 may elect to have
that duty availability allowance included in the calculation
of his or her salary under subsection (d) for all or any
portion of that period for which the allowance was received,
by applying in writing and paying to the Fund, no earlier
than January 1, 1998 and no later than July 1, 1998, the
corresponding employee contribution, without interest.
Thereafter the City shall make its corresponding
contribution, without interest.
This subsection (f) applies without regard to whether the
applicant terminated service or began to receive a retirement
annuity before the effective date of this amendatory Act of
1997. In the case of a person who is receiving a retirement
annuity at the time the application and contribution are
received by the Fund, the annuity shall be recalculated and
the resulting increase shall become payable on the next
annuity payment date following the date the contribution is
received by the Fund.
(Source: P.A. 81-1536.)
Section 90. The State Mandates Act is amended by adding
Section 8.21 as follows:
(30 ILCS 805/8.21 new)
Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by this
amendatory Act of 1997.
Section 99. Effective date. This Act takes effect upon
becoming law.