093_HB2216eng

 
HB2216 Engrossed                     LRB093 06614 EFG 06745 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 Sections 4-109.1, 4-109.2, and 4-114 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, every pension payable to or on
20    behalf of a minor or disabled surviving child that is payable
21    on  that  date  under  Section 4-114 shall be increased by an
22    amount equal to 1/12 of 3% of  the  amount  of  the  pension,
23    multiplied  by the number of months for which the benefit has
24    been payable.  On each January 1  thereafter,  every  pension
25    payable  to  or  on  behalf  of a minor or disabled surviving
26    child that is payable under Section 4-114 shall be  increased
27    by 3% of the amount of the pension then being paid, including
28    any  previous  increases  received under this Article.  These
29    increases are not subject to any limitation  on  the  maximum
30    benefit amount included in Section 4-114.
31        (d)  The  monthly  pension  of  a firefighter who retires
32    after January 1, 1986, shall, upon either the  first  of  the
33    month   following  the  first  anniversary  of  the  date  of
34    retirement if 55 years of age or over, or upon the first  day
 
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 1    of  the  month  following  attainment  of age 55 if it occurs
 2    after the first anniversary of retirement,  be  increased  by
 3    1/12 of 3% of the originally granted monthly pension for each
 4    full  month  that has elapsed since the pension began, and by
 5    an additional 3% in each January thereafter.
 6        The  changes  made  to  this  subsection  (d)   by   this
 7    amendatory  Act  of  the  91st  General Assembly apply to all
 8    initial increases that become payable under  this  subsection
 9    on  or  after  January  1,  1999.  All initial increases that
10    became payable under this subsection on or after  January  1,
11    1999  and  before  the  effective date of this amendatory Act
12    shall be recalculated and the additional amount accruing  for
13    that  period,  if any, shall be payable to the pensioner in a
14    lump sum.
15        (e)  Notwithstanding the provisions  of  subsection  (a),
16    upon  the  first  day  of  the  month following (1) the first
17    anniversary of the date of retirement, or (2) the  attainment
18    of  age 55, or (3) July 1, 1987, whichever occurs latest, the
19    monthly pension of a firefighter  who  retired  on  or  after
20    January  1, 1977 and on or before January 1, 1986 and did not
21    receive an increase under subsection (a) before July 1, 1987,
22    shall be increased by 3% of the  originally  granted  monthly
23    pension for each full year that has elapsed since the pension
24    began,  and  by  an additional 3% in each January thereafter.
25    The increases provided under this subsection are in  lieu  of
26    the increases provided in subsection (a).
27    (Source: P.A. 90-32, eff. 6-27-97; 91-466, eff. 8-6-99.)

28        (40 ILCS 5/4-109.2) (from Ch. 108 1/2, par. 4-109.2)
29        Sec. 4-109.2.  Minimum pension.
30        (a)  Beginning  January  1,  1984, the minimum disability
31    pension granted under Section 4-110  or  4-111,  the  minimum
32    surviving   spouse's  pension,  and  the  minimum  retirement
33    pension granted to a firefighter with 20  or  more  years  of
 
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 1    creditable  service,  shall be $300 per month, without regard
 2    to  whether  the  death,  disability  or  retirement  of  the
 3    firefighter occurred prior to that date.
 4        Beginning July 1, 1987, the  minimum  retirement  pension
 5    payable  to a firefighter with 20 or more years of creditable
 6    service, the minimum disability pension payable under Section
 7    4-110 or 4-111, and the minimum  surviving  spouse's  pension
 8    shall be $400 per month, without regard to whether the death,
 9    retirement or disability of the firefighter occurred prior to
10    that date.
11        Beginning  July  1,  1993, the minimum retirement pension
12    payable to a firefighter with 20 or more years of  creditable
13    service  and  the minimum surviving spouse's pension shall be
14    $475 per month, without regard to whether the firefighter was
15    in service on or after the effective date of this  amendatory
16    Act of 1993.
17        (b)  Beginning  January  1,  1999, the minimum retirement
18    pension payable to a firefighter with 20  or  more  years  of
19    creditable  service,  the  minimum disability pension payable
20    under Section 4-110,  4-110.1,  or  4-111,  and  the  minimum
21    surviving  spouse's  pension shall be $600 per month, without
22    regard to whether the firefighter was in service on or  after
23    the effective date of this amendatory Act of the 91st General
24    Assembly.
25        In the case of a pensioner whose pension began before the
26    effective  date  of  this  amendatory  Act  and is subject to
27    increase under this subsection (b), the  pensioner  shall  be
28    entitled to a lump sum payment of the amount of that increase
29    accruing from January 1, 1999 (or the date the pension began,
30    if later) to the effective date of this amendatory Act.
31        (c)  Beginning  January  1,  2000, the minimum retirement
32    pension payable to a firefighter with 20  or  more  years  of
33    creditable  service,  the  minimum disability pension payable
34    under Section 4-110,  4-110.1,  or  4-111,  and  the  minimum
 
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 1    surviving  spouse's  pension shall be $800 per month, without
 2    regard to whether the firefighter was in service on or  after
 3    the effective date of this amendatory Act of the 91st General
 4    Assembly.
 5        (d)  Beginning  January  1,  2001, the minimum retirement
 6    pension payable to a firefighter with 20  or  more  years  of
 7    creditable  service,  the  minimum disability pension payable
 8    under Section 4-110,  4-110.1,  or  4-111,  and  the  minimum
 9    surviving  spouse's pension shall be $1000 per month, without
10    regard to whether the firefighter was in service on or  after
11    the effective date of this amendatory Act of the 91st General
12    Assembly.
13        (e)  Beginning  January  1,  2004, the minimum retirement
14    pension payable to a firefighter with 20  or  more  years  of
15    creditable  service,  the  minimum disability pension payable
16    under Section 4-110,  4-110.1,  or  4-111,  and  the  minimum
17    surviving  spouse's pension shall be $1030 per month, without
18    regard to whether the firefighter was in service on or  after
19    the effective date of this amendatory Act of the 93rd General
20    Assembly.
21        (f)  Beginning  January  1,  2005, the minimum retirement
22    pension payable to a firefighter with 20  or  more  years  of
23    creditable  service,  the  minimum disability pension payable
24    under Section 4-110,  4-110.1,  or  4-111,  and  the  minimum
25    surviving  spouse's  pension  shall  be  $1060.90  per month,
26    without regard to whether the firefighter was in  service  on
27    or  after  the  effective  date of this amendatory Act of the
28    93rd General Assembly.
29        (g)  Beginning January 1, 2006,  the  minimum  retirement
30    pension  payable  to  a  firefighter with 20 or more years of
31    creditable service, the minimum  disability  pension  payable
32    under  Section  4-110,  4-110.1,  or  4-111,  and the minimum
33    surviving spouse's  pension  shall  be  $1092.73  per  month,
34    without  regard  to whether the firefighter was in service on
 
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 1    or after the effective date of this  amendatory  Act  of  the
 2    93rd General Assembly.
 3        (h)  Beginning  January  1,  2007, the minimum retirement
 4    pension payable to a firefighter with 20  or  more  years  of
 5    creditable  service,  the  minimum disability pension payable
 6    under Section 4-110,  4-110.1,  or  4-111,  and  the  minimum
 7    surviving  spouse's  pension  shall  be  $1125.51  per month,
 8    without regard to whether the firefighter was in  service  on
 9    or  after  the  effective  date of this amendatory Act of the
10    93rd General Assembly.
11        (i)  Beginning January 1, 2008,  the  minimum  retirement
12    pension  payable  to  a  firefighter with 20 or more years of
13    creditable service, the minimum  disability  pension  payable
14    under  Section  4-110,  4-110.1,  or  4-111,  and the minimum
15    surviving spouse's  pension  shall  be  $1159.27  per  month,
16    without  regard  to whether the firefighter was in service on
17    or after the effective date of this  amendatory  Act  of  the
18    93rd General Assembly.
19    (Source: P.A. 91-466, eff. 8-6-99.)

20        (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
21        Sec.  4-114.  Pension to survivors.  If a firefighter who
22    is not receiving a disability pension under Section 4-110  or
23    4-110.1  dies  (1) as a result of any illness or accident, or
24    (2) from any cause while in receipt of a  disability  pension
25    under  this  Article, or (3) during retirement after 20 years
26    service, or (4) while vested for or in receipt of  a  pension
27    payable under subsection (b) of Section 4-109, or (5) while a
28    deferred pensioner, having made all required contributions, a
29    pension  shall  be paid to his or her survivors, based on the
30    monthly salary attached to the firefighter's rank on the last
31    day of service in the fire department, as follows:
32        (a)  To the surviving spouse, a monthly pension of 40% of
33    the monthly salary, and to the guardian of any minor child or
 
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 1    children including a child which has been conceived  but  not
 2    yet  born,  12%  of  such  monthly salary for each such child
 3    until attainment of age 18 or  until  the  child's  marriage,
 4    whichever  occurs first.  Beginning July 1, 1993, the monthly
 5    pension to the surviving spouse shall be 54% of  the  monthly
 6    salary  for  all persons receiving a surviving spouse pension
 7    under  this  Article,  regardless  of  whether  the  deceased
 8    firefighter was in service on or after the effective date  of
 9    this amendatory Act of 1993.
10        Beginning  January  1,  2004,  the  total monthly pension
11    payable under this paragraph (a) to the surviving spouse of a
12    firefighter who died while receiving  a  retirement  pension,
13    including any amount payable on account of children, shall be
14    no  less than 100% of the monthly retirement pension that the
15    deceased firefighter was receiving  at  the  time  of  death,
16    including  any increases under Section 4-109.1.  This minimum
17    applies to all such surviving spouses  who  are  eligible  to
18    receive a surviving spouse pension, regardless of whether the
19    deceased firefighter was in service on or after the effective
20    date of this amendatory Act of the 93rd General Assembly, and
21    notwithstanding  any  limitation  on  maximum  pension  under
22    paragraph (d) or any other provision of this Article.
23        The  pension  to  the surviving spouse shall terminate in
24    the event of the surviving spouse's remarriage prior to  July
25    1, 1993; remarriage on or after that date does not affect the
26    surviving   spouse's   pension,  regardless  of  whether  the
27    deceased firefighter was in service on or after the effective
28    date of this amendatory Act of 1993.
29        The surviving spouse's pension shall be  subject  to  the
30    minimum established in Section 4-109.2.
31        (b)  Upon  the  death of the surviving spouse leaving one
32    or more minor children, to the  duly  appointed  guardian  of
33    each  such  child,  for  support and maintenance of each such
34    child until the child reaches age 18  or  marries,  whichever
 
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 1    occurs first, a monthly pension of 20% of the monthly salary.
 2        (c)  If a deceased firefighter leaves no surviving spouse
 3    or  unmarried  minor  children  under  age  18,  but leaves a
 4    dependent father  or  mother,  to  each  dependent  parent  a
 5    monthly pension of 18% of the monthly salary.  To qualify for
 6    the  pension,  a  dependent  parent must furnish satisfactory
 7    proof that the deceased firefighter was at the time of his or
 8    her death the sole supporter of the parent or that the parent
 9    was the deceased's dependent for federal income tax purposes.
10        (d)  The total pension provided under paragraphs (a), (b)
11    and (c) of this Section shall not exceed 75% of  the  monthly
12    salary  of  the  deceased  firefighter  (1)  when paid to the
13    survivor of a firefighter who has attained 20 or  more  years
14    of  service credit and who receives or is eligible to receive
15    a retirement pension under this Article, or (2) when paid  to
16    the survivor of a firefighter who dies as a result of illness
17    or   accident,  or  (3)  when  paid  to  the  survivor  of  a
18    firefighter who dies from any cause while  in  receipt  of  a
19    disability  pension  under  this Article, or (4) when paid to
20    the  survivor  of  a  deferred  pensioner.   For  all   other
21    survivors   of   deceased  firefighters,  the  total  pension
22    provided under paragraphs (a), (b) and (c)  of  this  Section
23    shall   not   exceed   50%  of  the  retirement  annuity  the
24    firefighter would have received on the date of death.
25        The maximum pension limitations in this paragraph (d)  do
26    not  control  over  any  contrary  provision  of this Article
27    explicitly  establishing  a  minimum  amount  of  pension  or
28    granting a one-time or annual increase in pension.
29        (e)  If a firefighter leaves no eligible survivors  under
30    paragraphs  (a),  (b)  and (c), the board shall refund to the
31    firefighter's estate the amount of  his  or  her  accumulated
32    contributions,  less  the amount of pension payments, if any,
33    made to the firefighter while living.
34        (f)  An  adopted  child  is  eligible  for  the   pension
 
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 1    provided  under paragraph (a) if the child was adopted before
 2    the firefighter attained age 50.
 3        (g)  If a judgment of dissolution of marriage  between  a
 4    firefighter  and spouse is judicially set aside subsequent to
 5    the firefighter's death, the surviving spouse is eligible for
 6    the pension provided in paragraph (a) only  if  the  judicial
 7    proceedings  are  filed  within 2 years after the date of the
 8    dissolution  of  marriage  and  within  one  year  after  the
 9    firefighter's death and the board is  made  a  party  to  the
10    proceedings.  In  such case the pension shall be payable only
11    from the date of the court's order setting aside the judgment
12    of dissolution of marriage.
13        (h)  Benefits payable on account of a  child  under  this
14    Section  shall  not be reduced or terminated by reason of the
15    child's attainment of age 18 if he or she is  then  dependent
16    by  reason  of  a  physical  or  mental  disability but shall
17    continue to be paid as long  as  such  dependency  continues.
18    Individuals  over  the  age  of 18 and adjudged as a disabled
19    person pursuant to Article XIa of the Probate  Act  of  1975,
20    except  for  persons  receiving benefits under Article III of
21    the Illinois Public Aid Code, shall be  eligible  to  receive
22    benefits under this Act.
23        (i)  Beginning  January  1,  2000,  the  pension  of  the
24    surviving  spouse  of  a  firefighter  who  dies  on or after
25    January 1, 1994 as a result of sickness, accident, or  injury
26    incurred  in  or  resulting from the performance of an act of
27    duty or from the cumulative effects of acts of duty shall not
28    be less than 100% of the salary attached to the rank held  by
29    the   deceased  firefighter  on  the  last  day  of  service,
30    notwithstanding subsection (d) or any other provision of this
31    Article.
32        (j)  Each survivor's pension payable on January 1,  2004,
33    shall  be  increased  on  that  date,  and  on each January 1
34    thereafter, by an amount equal to 3% of the pension otherwise
 
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 1    payable at the time of the increase, including  any  previous
 2    increases  under  this Article.  This increase does not apply
 3    to any survivor's pension that first  becomes  payable  after
 4    January 1, 2004.
 5    (Source: P.A. 91-466, eff. 8-6-99.)

 6        Section  90.  The State Mandates Act is amended by adding
 7    Section 8.27 as follows:

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

13        Section 99. Effective date.  This Act takes  effect  upon
14    becoming law.