SB1892 104TH GENERAL ASSEMBLY

LRB104 11131 RPS 21213 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1892

Introduced 2/6/2025, by Sen. Robert F. Martwick

SYNOPSIS AS INTRODUCED:

40 ILCS 5/5-136.1	from Ch. 108 1/2, par. 5-136.1
40 ILCS 5/6-141.1	from Ch. 108 1/2, par. 6-141.1
30 ILCS 805/8.49 new

Amends the Chicago Police and Chicago Firefighter Articles of the Illinois Pension Code. Provides that a widow's annuity shall be equal to 66 2/3%(instead of 50%) of the retirement annuity the deceased policeman or fireman was receiving at the time of death or 66 2/3% (instead of 50%) of the retirement annuity the policeman or fireman would have been eligible for if the policeman or fireman retired from service on the day before the policeman's or fireman's death. Amends the State Mandates Act to require implementation without reimbursement.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning public employee benefits.

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 Sections 5-136.1 and 6-141.1 as follows:

(40 ILCS 5/5-136.1) (from Ch. 108 1/2, par. 5-136.1)

Sec. 5-136.1. (a) Notwithstanding the other provisions of this Article, the widow of a policeman (1) who retires on or after January 1, 1986, and subsequently dies while receiving a retirement annuity, or (2) dies on or after January 1, 1991 while receiving a retirement annuity without regard to the date of retirement, or (3) dies after December 31, 1985, while an active policeman with at least 1 1/2 years of creditable service, may in lieu of any other widow's annuity have the amount of widow's annuity calculated in accordance with this Section.

(b) If the deceased policeman was an active policeman at the time of his death and had at least 1 1/2 years of creditable service, the widow's annuity shall be 30% of the annual maximum salary attached to the classified civil service position of a first class patrolman at the time of his death. If such policeman dies on or after January 1, 1991, the widow's annuity shall be the greater of (1) 30% of the annual maximum salary attached to the classified civil service position of a first class patrolman at the time of his death, or (2) 66 2/3% 50% of the retirement annuity the deceased policeman would have been eligible to receive if he had retired from service on the day before his death. This annuity is fixed at the time of the policeman's death and does not increase. This annuity shall not be limited to the maximum dollar amount in effect for widows' annuities at the time of the policeman's death.

(c) If the deceased policeman was receiving a retirement annuity at the time of his death, the widow's annuity shall be equal to 40% of the policeman's annuity at the time of the policeman's death until December 31, 1987, and 66 2/3% 50% of such policeman's annuity thereafter. The increase in widow's annuity provided by this amendatory Act of 1987 shall apply to all annuities calculated under this subsection (c). This annuity shall not be limited to the maximum dollar amount in effect for widows' annuities at the time of the policeman's death or retirement.

(d) This Section shall in no way limit any annuity otherwise payable under this Article.

(e) The widow's annuity of any widow of a policeman who retired on or after January 1, 1986 and died while receiving a retirement annuity, which was not calculated under this Section because the deceased policeman had reached age 63 prior to January 1, 1986, shall be recalculated, effective January 1, 1991, in accordance with the provisions of this Section, notwithstanding Section 1-103.1.

(Source: P.A. 85-964; 86-1488.)

(40 ILCS 5/6-141.1) (from Ch. 108 1/2, par. 6-141.1)

Sec. 6-141.1. (a) Notwithstanding the other provisions of this Article, the widow of a fireman who dies on or after June 30, 1984, while receiving a retirement annuity or while an active fireman with at least 1 1/2 years of creditable service, may elect to have the amount of widow's annuity calculated in accordance with this Section.

(b) If the deceased fireman was an active fireman at the time of his death and had at least 1 1/2 years of creditable service, the widow's annuity shall be the greater of (1) 30% of the salary attached to the rank of first class firefighter in the classified career service at the time of the fireman's death, or (2) 66 2/3% 50% of the retirement annuity the deceased fireman would have been eligible to receive if he had retired from service on the day before his death.

(c) If the deceased fireman was receiving a retirement annuity at the time of his death, the widow's annuity shall be equal to 66 2/3% 50% of the amount of such retirement annuity at the time of the fireman's death.

(Source: P.A. 84-11.)

Section 90. The State Mandates Act is amended by adding Section 8.49 as follows:

(30 ILCS 805/8.49 new)

Sec. 8.49. 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 the 104th General Assembly.