Rep. Daniel J. Burke

Filed: 4/18/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5183

2    AMENDMENT NO. ______. Amend House Bill 5183 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing Sections 5-167.4, 6-128.2, and 6-128.4 as follows:
 
6    (40 ILCS 5/5-167.4)   (from Ch. 108 1/2, par. 5-167.4)
7    Sec. 5-167.4. Widow annuitant minimum annuity.
8    (a) Notwithstanding any other provision of this Article,
9beginning January 1, 1996, the minimum amount of widow's
10annuity payable to any person who is entitled to receive a
11widow's annuity under this Article is $700 per month, without
12regard to whether the deceased policeman is in service on or
13after the effective date of this amendatory Act of 1995.
14    Notwithstanding any other provision of this Article,
15beginning January 1, 1999, the minimum amount of widow's
16annuity payable to any person who is entitled to receive a

 

 

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1widow's annuity under this Article is $800 per month, without
2regard to whether the deceased policeman is in service on or
3after the effective date of this amendatory Act of 1998.
4    Notwithstanding any other provision of this Article,
5beginning January 1, 2004, the minimum amount of widow's
6annuity payable to any person who is entitled to receive a
7widow's annuity under this Article is $900 per month, without
8regard to whether the deceased policeman is in service on or
9after the effective date of this amendatory Act of the 93rd
10General Assembly.
11    Notwithstanding any other provision of this Article,
12beginning January 1, 2005, the minimum amount of widow's
13annuity payable to any person who is entitled to receive a
14widow's annuity under this Article is $1,000 per month, without
15regard to whether the deceased policeman is in service on or
16after the effective date of this amendatory Act of the 93rd
17General Assembly.
18    (b) Effective January 1, 1994, the minimum amount of
19widow's annuity shall be $700 per month for the following
20classes of widows, without regard to whether the deceased
21policeman is in service on or after the effective date of this
22amendatory Act of 1993: (1) the widow of a policeman who dies
23in service with at least 10 years of service credit, or who
24dies in service after June 30, 1981; and (2) the widow of a
25policeman who withdraws from service with 20 or more years of
26service credit and does not withdraw a refund, provided that

 

 

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1the widow is married to the policeman before he withdraws from
2service.
3    (b-5) Notwithstanding any other provision of this Article,
4beginning January 1, 2017, the minimum widow's annuity under
5this Article shall be no less than 125% of the Federal Poverty
6Level for all persons receiving widow's annuities on or after
7that date, without regard to whether the deceased policeman is
8in service on or after the effective date of this amendatory
9Act of the 99th General Assembly. Notwithstanding any other
10provision of this Article, beginning January 1, 2019, the
11minimum widow's annuity under this Article shall be no less
12than 150% of the Federal Poverty Level for all persons
13receiving widow's annuities on or after that date, without
14regard to whether the deceased policeman is in service on or
15after the effective date of this amendatory Act of the 100th
16General Assembly. For purposes of this Section, "Federal
17Poverty Level" means the poverty guidelines applicable to an
18individual in a single-person household located in Illinois, as
19updated periodically in the Federal Register by the United
20States Department of Health and Human Services under the
21authority of 42 U.S.C. 9902(2).
22    (c) The city, in addition to the contributions otherwise
23made by it under the other provisions of this Article, shall
24make such contributions as are necessary for the minimum
25widow's annuities provided under this Section in the manner
26prescribed in Section 5-175.

 

 

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1(Source: P.A. 99-905, eff. 11-29-16.)
 
2    (40 ILCS 5/6-128.2)   (from Ch. 108 1/2, par. 6-128.2)
3    Sec. 6-128.2. Minimum retirement annuities.
4    (a) Beginning with the monthly payment due in January,
51988, the monthly annuity payment for any person who is
6entitled to receive a retirement annuity under this Article in
7January, 1990 and has retired from service at age 50 or over
8with 20 or more years of service, and for any person who
9retires from service on or after January 24, 1990 at age 50 or
10over with 20 or more years of service, shall not be less than
11$475 per month. The $475 minimum annuity is exclusive of any
12automatic annual increases provided by Sections 6-164 and
136-164.1, but not exclusive of previous raises in the minimum
14annuity as provided by any Section of this Article.
15    Beginning January 1, 1992, the minimum retirement annuity
16payable to any person who has retired from service at age 50 or
17over with 20 or more years of service and is entitled to
18receive a retirement annuity under this Article on that date,
19or who retires from service at age 50 or over with 20 or more
20years of service after that date, shall be $650 per month.
21    Beginning January 1, 1993, the minimum retirement annuity
22payable to any person who has retired from service at age 50 or
23over with 20 or more years of service and is entitled to
24receive a retirement annuity under this Article on that date,
25or who retires from service at age 50 or over with 20 or more

 

 

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1years of service after that date, shall be $750 per month.
2    Beginning January 1, 1994, the minimum retirement annuity
3payable to any person who has retired from service at age 50 or
4over with 20 or more years of service and is entitled to
5receive a retirement annuity under this Article on that date,
6or who retires from service at age 50 or over with 20 or more
7years of service after that date, shall be $850 per month.
8    Beginning January 1, 2004, the minimum retirement annuity
9payable to any person who has retired from service at age 50 or
10over with 20 or more years of service and is entitled to
11receive a retirement annuity under this Article on that date,
12or who retires from service at age 50 or over with 20 or more
13years of service after that date, shall be $950 per month.
14    Beginning January 1, 2005, the minimum retirement annuity
15payable to any person who has retired from service at age 50 or
16over with 20 or more years of service and is entitled to
17receive a retirement annuity under this Article on that date,
18or who retires from service at age 50 or over with 20 or more
19years of service after that date, shall be $1,050 per month.
20    Beginning January 1, 2016, the minimum retirement annuity
21payable to any person who has retired from service at age 50 or
22over with 20 or more years of service and is entitled to
23receive a retirement annuity under this Article on that date,
24or who retires from service at age 50 or over with 20 or more
25years of service after that date, shall be no less than 125% of
26the Federal Poverty Level.

 

 

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1    Beginning January 1, 2019, the minimum retirement annuity
2payable to any person who has retired from service at age 50 or
3over with 20 or more years of service and is entitled to
4receive a retirement annuity under this Article on that date,
5or who retires from service at age 50 or over with 20 or more
6years of service after that date, shall be no less than 150% of
7the Federal Poverty Level.
8     For purposes of this Section, the "Federal Poverty Level"
9shall be determined pursuant to the poverty guidelines updated
10periodically in the Federal Register by the United States
11Department of Health and Human Services under the authority of
1242 U.S.C. 9902(2).
13    The minimum annuities established by this subsection (a) do
14include previous raises in the minimum annuity as provided by
15any Section of this Article, but do not include any sums which
16have been added or will be added to annuity payments by the
17automatic annual increases provided by Sections 6-164 and
186-164.1. Such annual increases shall be paid in addition to the
19minimum amounts specified in this subsection.
20    (b) Notwithstanding any other provision of this Article,
21beginning January 1, 1990, the minimum retirement annuity
22payable to any person who is entitled to receive a retirement
23annuity under this Article on that date shall be $475 per
24month.
25    (c) The changes made to this Section by this amendatory Act
26of the 93rd General Assembly apply to all persons receiving a

 

 

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1retirement annuity under this Article, without regard to
2whether the retirement of the fireman occurred prior to the
3effective date of this amendatory Act.
4(Source: P.A. 99-506, eff. 5-30-16.)
 
5    (40 ILCS 5/6-128.4)   (from Ch. 108 1/2, par. 6-128.4)
6    Sec. 6-128.4. Minimum widow's annuities.
7    (a) Notwithstanding any other provision of this Article,
8beginning January 1, 1996, the minimum amount of widow's
9annuity payable to any person who is entitled to receive a
10widow's annuity under this Article is $700 per month, without
11regard to whether the deceased fireman is in service on or
12after the effective date of this amendatory Act of 1995.
13    (b) Notwithstanding Section 6-128.3, beginning January 1,
141994, the minimum widow's annuity under this Article shall be
15$700 per month for (1) all persons receiving widow's annuities
16on that date who are survivors of employees who retired at age
1750 or over with at least 20 years of service, and (2) persons
18who become eligible for widow's annuities and are survivors of
19employees who retired at age 50 or over with at least 20 years
20of service.
21    (c) Notwithstanding Section 6-128.3, beginning January 1,
221999, the minimum widow's annuity under this Article shall be
23$800 per month for (1) all persons receiving widow's annuities
24on that date who are survivors of employees who retired at age
2550 or over with at least 20 years of service, and (2) persons

 

 

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1who become eligible for widow's annuities and are survivors of
2employees who retired at age 50 or over with at least 20 years
3of service.
4    (d) Notwithstanding Section 6-128.3, beginning January 1,
52004, the minimum widow's annuity under this Article shall be
6$900 per month for all persons receiving widow's annuities on
7or after that date, without regard to whether the deceased
8fireman is in service on or after the effective date of this
9amendatory Act of the 93rd General Assembly.
10    (e) Notwithstanding Section 6-128.3, beginning January 1,
112005, the minimum widow's annuity under this Article shall be
12$1,000 per month for all persons receiving widow's annuities on
13or after that date, without regard to whether the deceased
14fireman is in service on or after the effective date of this
15amendatory Act of the 93rd General Assembly.
16    (f) Notwithstanding Section 6-128.3, beginning January 1,
172017, the minimum widow's annuity under this Article shall be
18no less than 125% of the Federal Poverty Level for all persons
19receiving widow's annuities on or after that date, without
20regard to whether the deceased fireman is in service on or
21after the effective date of this amendatory Act of the 99th
22General Assembly.
23    (g) Notwithstanding Section 6-128.3, beginning January 1,
242019, the minimum widow's annuity under this Article shall be
25no less than 150% of the Federal Poverty Level for all persons
26receiving widow's annuities on or after that date, without

 

 

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1regard to whether the deceased fireman is in service on or
2after the effective date of this amendatory Act of the 100th
3General Assembly.
4    (h) For purposes of this Section, "Federal Poverty Level"
5means the poverty guidelines applicable to an individual in a
6single-person household located in Illinois, as updated
7periodically in the Federal Register by the United States
8Department of Health and Human Services under the authority of
942 U.S.C. 9902(2).
10(Source: P.A. 99-905, eff. 11-29-16.)
 
11    Section 90. The State Mandates Act is amended by adding
12Section 8.42 as follows:
 
13    (30 ILCS 805/8.42 new)
14    Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8
15of this Act, no reimbursement by the State is required for the
16implementation of any mandate created by this amendatory Act of
17the 100th General Assembly.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".