093_HB2621

 
                                     LRB093 03397 LRD 03415 b

 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 Section 4-109.1 as follows:

 6        (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
 7        Sec. 4-109.1.  Increase in pension.
 8        (a)  Except as provided in subsection  (e),  the  monthly
 9    pension  of  a firefighter who retires after July 1, 1971 and
10    prior to January 1, 1986, shall, upon either the first of the
11    month  following  the  first  anniversary  of  the  date   of
12    retirement  if 60 years of age or over at retirement date, or
13    upon the first day of the month following attainment  of  age
14    60 if it occurs after the first anniversary of retirement, be
15    increased by 2% of the originally granted monthly pension and
16    by  an  additional  2% in each January thereafter.  Effective
17    January 1976, the rate of the annual increase shall be 3%  of
18    the originally granted monthly pension.
19        (b)  The  monthly  pension  of  a firefighter who retired
20    from service with 20 or more years of service, on  or  before
21    July  1,  1971,  shall  be  increased, in January of the year
22    following the year of attaining age 65 or in January 1972, if
23    then over age 65, by 2% of  the  originally  granted  monthly
24    pension,  for  each  year  the  firefighter  received pension
25    payments.  In  each  January  thereafter,  he  or  she  shall
26    receive  an additional increase of 2% of the original monthly
27    pension.  Effective January 1976,  the  rate  of  the  annual
28    increase shall be 3%.
29        (c)  The   monthly   pension  of  a  firefighter  who  is
30    receiving a disability pension under this  Article  shall  be
31    increased,  in  January  of  the  year following the year the
 
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 1    firefighter attains age 60, or in January 1974, if then  over
 2    age  60,  by 2% of the originally granted monthly pension for
 3    each year he or she  received  pension  payments.    In  each
 4    January   thereafter,   the   firefighter  shall  receive  an
 5    additional increase of 2% of the  original  monthly  pension.
 6    Effective January 1976, the rate of the annual increase shall
 7    be 3%.
 8        (c-1)  On  January  1,  1998,  every  child's  disability
 9    benefit  payable  on that date under Section 4-110 or 4-110.1
10    shall be increased by an amount equal to 1/12 of  3%  of  the
11    amount of the benefit, multiplied by the number of months for
12    which  the  benefit  has  been  payable.   On  each January 1
13    thereafter, every child's disability  benefit  payable  under
14    Section  4-110  or  4-110.1  shall  be increased by 3% of the
15    amount of the benefit then being paid, including any previous
16    increases received under this Article.  These  increases  are
17    not  subject  to any limitation on the maximum benefit amount
18    included in Section 4-110 or 4-110.1.
19        (c-2)  On  January  1,  2004  and  on  each   January   1
20    thereafter, every survivor's pension payable under subsection
21    (a)  of  Section 4-114 shall be increased by 3% of the amount
22    then being paid, including any  previous  increases  received
23    under this Article.
24        (d)  The  monthly  pension  of  a firefighter who retires
25    after January 1, 1986, shall, upon either the  first  of  the
26    month   following  the  first  anniversary  of  the  date  of
27    retirement if 55 years of age or over, or upon the first  day
28    of  the  month  following  attainment  of age 55 if it occurs
29    after the first anniversary of retirement,  be  increased  by
30    1/12 of 3% of the originally granted monthly pension for each
31    full  month  that has elapsed since the pension began, and by
32    an additional 3% in each January thereafter.
33        The  changes  made  to  this  subsection  (d)   by   this
34    amendatory  Act  of  the  91st  General Assembly apply to all
 
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 1    initial increases that become payable under  this  subsection
 2    on  or  after  January  1,  1999.  All initial increases that
 3    became payable under this subsection on or after  January  1,
 4    1999  and  before  the  effective date of this amendatory Act
 5    shall be recalculated and the additional amount accruing  for
 6    that  period,  if any, shall be payable to the pensioner in a
 7    lump sum.
 8        (e)  Notwithstanding the provisions  of  subsection  (a),
 9    upon  the  first  day  of  the  month following (1) the first
10    anniversary of the date of retirement, or (2) the  attainment
11    of  age 55, or (3) July 1, 1987, whichever occurs latest, the
12    monthly pension of a firefighter  who  retired  on  or  after
13    January  1, 1977 and on or before January 1, 1986 and did not
14    receive an increase under subsection (a) before July 1, 1987,
15    shall be increased by 3% of the  originally  granted  monthly
16    pension for each full year that has elapsed since the pension
17    began,  and  by  an additional 3% in each January thereafter.
18    The increases provided under this subsection are in  lieu  of
19    the increases provided in subsection (a).
20    (Source: P.A. 90-32, eff. 6-27-97; 91-466, eff. 8-6-99.)

21        Section  90.  The State Mandates Act is amended by adding
22    Section 8.27 as follows:

23        (30 ILCS 805/8.27 new)
24        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
25    and  8 of this Act, no reimbursement by the State is required
26    for  the  implementation  of  any  mandate  created  by  this
27    amendatory Act of the 93rd General Assembly.

28        Section 99.  Effective date.  This Act takes effect  upon
29    becoming law.