Full Text of HB1052 103rd General Assembly
HB1052ham001 103RD GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 2/21/2023
| | 10300HB1052ham001 | | LRB103 04996 RPS 57631 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 1052
| 2 | | AMENDMENT NO. ______. Amend House Bill 1052 as follows:
| 3 | | on page 1, line 5, by replacing "4-109 and 4-109.1" with | 4 | | "3-111, 3-111.1, 4-109, and 4-109.1"; and
| 5 | | on page 1, immediately below line 5, by inserting the | 6 | | following:
| 7 | | "(40 ILCS 5/3-111) (from Ch. 108 1/2, par. 3-111)
| 8 | | Sec. 3-111. Pension.
| 9 | | (a) A police officer age 50 or more with 20 or
more years | 10 | | of creditable service, who is not a participant in the
| 11 | | self-managed plan under Section 3-109.3 and who is no longer | 12 | | in service
as a police officer, shall receive a pension of 1/2 | 13 | | of the salary
attached to the rank held by the officer on the | 14 | | police force for one year
immediately prior to retirement or, | 15 | | beginning July 1, 1987 for persons
terminating service on or |
| | | 10300HB1052ham001 | - 2 - | LRB103 04996 RPS 57631 a |
|
| 1 | | after that date, the salary attached to the rank
held on the | 2 | | last day of service or for one year prior to the last day,
| 3 | | whichever is greater. The pension shall be increased by 2.5%
| 4 | | of such salary for each additional year of service over 20 | 5 | | years of service
through 30 years of service, to a maximum of | 6 | | 75% of such
salary.
| 7 | | The changes made to this subsection (a) by this amendatory | 8 | | Act of the
91st General Assembly apply to all pensions that | 9 | | become payable under this
subsection on or after January 1, | 10 | | 1999. All pensions payable under this
subsection that began on | 11 | | or after January 1, 1999 and before the effective date
of this | 12 | | amendatory Act shall be recalculated, and the amount of the | 13 | | increase
accruing for that period shall be payable to the | 14 | | pensioner in a lump sum.
| 15 | | (a-5) No pension in effect on or granted after June 30, | 16 | | 1973 shall be
less than $200 per month. Beginning July 1, 1987, | 17 | | the minimum retirement
pension for a police officer having at | 18 | | least 20 years of creditable service
shall be $400 per month, | 19 | | without regard to whether or not retirement occurred
prior to | 20 | | that date.
If the minimum pension established in Section | 21 | | 3-113.1 is greater than the
minimum provided in this | 22 | | subsection, the Section 3-113.1 minimum controls.
| 23 | | (b) A police officer mandatorily retired from service
due | 24 | | to age by operation of law, having at least 8 but
less than 20 | 25 | | years of creditable service, shall receive a pension
equal to | 26 | | 2 1/2% of the salary attached to the rank he or she held on
the |
| | | 10300HB1052ham001 | - 3 - | LRB103 04996 RPS 57631 a |
|
| 1 | | police force for one year immediately prior to retirement or,
| 2 | | beginning July 1, 1987 for persons terminating service on or | 3 | | after that
date, the salary attached to the rank held on the | 4 | | last day of service or
for one year prior to the last day, | 5 | | whichever is greater, for each
year of creditable service.
| 6 | | A police officer who retires or is separated from service | 7 | | having at least 8
years but less than 20 years of creditable | 8 | | service, who is not mandatorily
retired due to age by | 9 | | operation of law, and who does not apply for a refund of
| 10 | | contributions at his or her last separation from police | 11 | | service, shall receive
a pension upon attaining age 60 equal | 12 | | to 2.5% of the salary attached to the
rank held by the police | 13 | | officer on the police force for one year immediately
prior to | 14 | | retirement or, beginning July 1, 1987 for persons terminating | 15 | | service
on or after that date, the salary attached to the rank | 16 | | held on the last day of
service or for one year prior to the | 17 | | last day, whichever is greater, for each
year of creditable | 18 | | service.
| 19 | | (c) A police officer no longer in service who has at least | 20 | | one but less
than 8 years of creditable service in a police | 21 | | pension fund but meets the
requirements of this subsection (c) | 22 | | shall be eligible to receive a pension from
that fund equal to | 23 | | 2.5% of the salary attached to the rank held on the last day
of | 24 | | service under that fund or for one year prior to that last day, | 25 | | whichever is
greater, for each year of creditable service in | 26 | | that fund. The pension shall
begin no earlier than upon |
| | | 10300HB1052ham001 | - 4 - | LRB103 04996 RPS 57631 a |
|
| 1 | | attainment of age 60 (or upon mandatory retirement
from the | 2 | | fund by operation of law due to age, if that occurs before age | 3 | | 60) and
in no event before the effective date of this | 4 | | amendatory Act of 1997.
| 5 | | In order to be eligible for a pension under this | 6 | | subsection (c), the police
officer must have at least 8 years | 7 | | of creditable service in a second police
pension fund under | 8 | | this Article and be receiving a pension under subsection (a)
| 9 | | or (b) of this Section from that second fund. The police | 10 | | officer need not be
in service on or after the effective date | 11 | | of this amendatory Act of 1997.
| 12 | | (d) Notwithstanding any other provision of this Article,
| 13 | | the provisions of this subsection (d) apply to a person who is | 14 | | not a participant in the self-managed plan under Section | 15 | | 3-109.3 and who first
becomes a police officer under this | 16 | | Article on or after January 1, 2011. | 17 | | A police officer age 55 or more who has 10 or more years of | 18 | | service in that capacity shall be entitled at his option to | 19 | | receive a monthly pension for his service as a police officer | 20 | | computed by multiplying 2.5% for each year of such service by | 21 | | his or her final average salary. | 22 | | The pension of a police officer who is retiring after | 23 | | attaining age 50 with 10 or more years but less than 20 years | 24 | | of creditable service shall be reduced by one-half of 1% for | 25 | | each month that the police officer's age is under age 55. | 26 | | The pension of a police officer who is retiring after |
| | | 10300HB1052ham001 | - 5 - | LRB103 04996 RPS 57631 a |
|
| 1 | | attaining age 50 with 20 or more years of creditable service | 2 | | shall not be reduced. | 3 | | The maximum pension under this subsection (d) shall be 75%
| 4 | | of final average salary. | 5 | | For the purposes of this subsection (d), "final average | 6 | | salary" means the greater of: (i) the average monthly salary | 7 | | obtained by dividing the total salary of the police officer | 8 | | during the 48 consecutive months of service within the last 60 | 9 | | months of service in which the total salary was the highest by | 10 | | the number of months of service in that period; or (ii) the | 11 | | average monthly salary obtained by dividing the total salary | 12 | | of the police officer during the 96 consecutive months of | 13 | | service within the last 120 months of service in which the | 14 | | total salary was the highest by the number of months of service | 15 | | in that period. | 16 | | Beginning on January 1, 2011, for all purposes under
this | 17 | | Code (including without limitation the calculation of
benefits | 18 | | and employee contributions), the annual salary
based on the | 19 | | plan year of a member or participant to whom this Section | 20 | | applies shall not exceed $106,800; however, that amount shall | 21 | | annually thereafter be increased by the lesser of (i) 3% of | 22 | | that amount, including all previous adjustments, or (ii) the | 23 | | annual unadjusted percentage increase (but not less than zero) | 24 | | in the consumer price index-u for the 12 months ending with the | 25 | | September preceding each November 1, including all previous | 26 | | adjustments. |
| | | 10300HB1052ham001 | - 6 - | LRB103 04996 RPS 57631 a |
|
| 1 | | Nothing in this amendatory Act of the 101st General | 2 | | Assembly shall cause or otherwise result in any retroactive | 3 | | adjustment of any employee contributions. | 4 | | (Source: P.A. 101-610, eff. 1-1-20.)
| 5 | | (40 ILCS 5/3-111.1) (from Ch. 108 1/2, par. 3-111.1)
| 6 | | Sec. 3-111.1. Increase in pension.
| 7 | | (a) Except as provided in subsection (e), the monthly | 8 | | pension of a
police officer who retires after July 1, 1971, and | 9 | | prior to January 1, 1986,
shall be increased, upon either the | 10 | | first of the month following the first
anniversary of the date | 11 | | of retirement if the officer is 60 years of age or over
at | 12 | | retirement date, or upon the first day of the month following | 13 | | attainment of
age 60 if it occurs after the first anniversary | 14 | | of retirement, by 3% of the
originally granted pension and by | 15 | | an additional 3% of the originally granted
pension in January | 16 | | of each year thereafter.
| 17 | | (b) The monthly pension of a police officer who retired | 18 | | from service
with 20 or more years of service, on or before | 19 | | July 1, 1971, shall be
increased in January of the year | 20 | | following the year of attaining age 65 or
in January of 1972, | 21 | | if then over age 65, by 3% of the originally granted
pension | 22 | | for each year the police officer received pension payments. In | 23 | | each
January thereafter, he or she shall receive an additional | 24 | | increase of 3% of
the original pension.
| 25 | | (c) The monthly pension of a police officer who retires on |
| | | 10300HB1052ham001 | - 7 - | LRB103 04996 RPS 57631 a |
|
| 1 | | disability or
is retired for disability shall be increased in | 2 | | January of the year
following the year of attaining age 60, by | 3 | | 3% of the original grant of
pension for each year he or she | 4 | | received pension payments. In each January
thereafter, the | 5 | | police officer shall receive an additional increase of 3%
of | 6 | | the original pension.
| 7 | | (d) The monthly pension of a police officer who retires | 8 | | after January
1, 1986, shall be increased, upon either the | 9 | | first of the month following
the first anniversary of the date | 10 | | of retirement if the officer is 55 years
of age or over, or | 11 | | upon the first day of the month
following attainment of age 55 | 12 | | if it occurs after the first anniversary of
retirement, by | 13 | | 1/12 of 3% of the originally granted pension for each full
| 14 | | month that has elapsed since the pension began, and by an
| 15 | | additional 3% of the originally granted pension in January of | 16 | | each year
thereafter.
| 17 | | The changes made to this subsection (d) by this amendatory | 18 | | Act of the 91st
General Assembly apply to all initial | 19 | | increases that become payable under this
subsection on or | 20 | | after January 1, 1999. All initial increases that became
| 21 | | payable under this subsection on or after January 1, 1999 and | 22 | | before the
effective date of this amendatory Act shall be | 23 | | recalculated and the additional
amount accruing for that | 24 | | period, if any, shall be payable to the pensioner in a
lump | 25 | | sum.
| 26 | | (e) Notwithstanding the provisions of subsection (a), upon |
| | | 10300HB1052ham001 | - 8 - | LRB103 04996 RPS 57631 a |
|
| 1 | | the first
day of the month following (1) the first anniversary | 2 | | of the date of
retirement, or (2) the attainment of age 55, or | 3 | | (3) July 1, 1987, whichever
occurs latest, the monthly pension | 4 | | of a police officer who retired on or after
January 1, 1977 and | 5 | | on or before January 1, 1986, and did not receive an
increase | 6 | | under subsection (a) before July 1, 1987, shall be increased | 7 | | by 3% of
the originally granted monthly pension for each full | 8 | | year that has elapsed
since the pension began, and by an | 9 | | additional 3% of the originally granted
pension in each | 10 | | January thereafter. The increases provided under this
| 11 | | subsection are in lieu of the increases provided in subsection | 12 | | (a).
| 13 | | (f) Notwithstanding the other provisions of this Section, | 14 | | beginning
with increases granted on or after July 1, 1993, the | 15 | | second and all
subsequent automatic annual increases granted | 16 | | under subsection (a), (b),
(d), or (e) of this Section shall be | 17 | | calculated as 3% of the amount of
pension payable at the time | 18 | | of the increase, including any increases
previously granted | 19 | | under this Section, rather than 3% of the originally
granted | 20 | | pension amount. Section 1-103.1 does not apply to this | 21 | | subsection
(f).
| 22 | | (g) Notwithstanding any other provision of this Article, | 23 | | the monthly pension of a
person who first becomes a police | 24 | | officer under this Article on or after January 1, 2011 shall be | 25 | | increased on the January 1 occurring either on or after the | 26 | | attainment of age 55 60 or the first anniversary of the pension |
| | | 10300HB1052ham001 | - 9 - | LRB103 04996 RPS 57631 a |
|
| 1 | | start date, whichever is later. Each annual increase shall be | 2 | | calculated at 3% or one-half the annual unadjusted percentage | 3 | | increase (but not less than zero) in the consumer price | 4 | | index-u for the 12 months ending with the September preceding | 5 | | each November 1, whichever is less, of the originally granted | 6 | | pension. If the annual unadjusted percentage change in the | 7 | | consumer price index-u for a 12-month period ending in | 8 | | September is zero or, when compared with the preceding period, | 9 | | decreases, then the pension shall not be increased. | 10 | | For the purposes of this subsection (g), "consumer price | 11 | | index-u" means the index published by the Bureau of Labor | 12 | | Statistics of the United States Department of Labor that | 13 | | measures the average change in prices of goods and services | 14 | | purchased by all urban consumers, United States city average, | 15 | | all items, 1982-84 = 100. The new amount resulting from each | 16 | | annual adjustment shall be determined by the Public Pension | 17 | | Division of the Department of Insurance and made available to | 18 | | the boards of the pension funds. | 19 | | Notwithstanding Section 1-103.1, the changes made by this | 20 | | amendatory Act of the 103rd General Assembly apply without | 21 | | regard to whether the person who first became a police officer | 22 | | under this Article on or after January 1, 2011 is in active | 23 | | service under this Article on or after the effective date of | 24 | | this amendatory Act of the 103rd General Assembly. | 25 | | (Source: P.A. 96-1495, eff. 1-1-11.)".
|
|