State of Illinois
90th General Assembly
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[ House Amendment 001 ]

90_HB0345eng

      40 ILCS 5/5-114           from Ch. 108 1/2, par. 5-114
      30 ILCS 805/8.21 new
          Amends the Chicago Police Article of  the  Pension  Code.
      Changes the definition of salary to include duty availability
      allowance payments.  Amends the State Mandates Act to require
      implementation without reimbursement.  Effective immediately.
                                                     LRB9002049EGfg
HB0345 Engrossed                               LRB9002049EGfg
 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Section 5-114 and to amend the State Mandates Act.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Illinois  Pension  Code  is  amended by
 6    changing Section 5-114 as follows:
 7        (40 ILCS 5/5-114) (from Ch. 108 1/2, par. 5-114)
 8        Sec. 5-114. Salary.  "Salary":
 9        (a)  Annual salary, provided that  $2,600  shall  be  the
10    maximum  amount  of  salary  to be considered for any purpose
11    under this Act prior to July 1, 1927.
12        (b)  Annual salary, provided that  $3,000  shall  be  the
13    maximum  amount  of  salary  to be considered for any purpose
14    under this Act from July 1, 1927 to July 1, 1931.
15        (c)  Annual salary, provided that the annual salary shall
16    be considered for age and service  annuity,  minimum  annuity
17    and  disability  benefits  and  $3,000  shall  be the maximum
18    amount of salary to be considered for prior service  annuity,
19    widow's  annuity,  widow's  prior service annuity and child's
20    annuity from July 1, 1931 to July 1, 1933.
21        (d)  Beginning July 1, 1933, annual salary of a policeman
22    appropriated for members of his rank or grade in  the  city's
23    annual   budget   or   appropriation  bill,  subject  to  the
24    following:
25             (1)  For age and service  annuity,  minimum  annuity
26        and  disability  benefits,  the  amount  of annual salary
27        without limitation.;
28             (2)  For prior  service  annuity,  widow's  annuity,
29        widow's  prior  service  annuity and child's annuity from
30        July 1, 1933 to July 1, 1957, the amount of annual salary
31        up to a maximum of $3,000; beginning July  1,  1957,  for
HB0345 Engrossed            -2-                LRB9002049EGfg
 1        such  annuities,  the  amount  of  annual  salary without
 2        limitation.
 3             (3)  When the salary appropriated is for a  definite
 4        period of service of less than 12 months in any one year,
 5        disability  benefits  shall  be  computed on a daily wage
 6        basis computed by dividing  the  amount  appropriated  by
 7        365.
 8        (e)  For  a  policeman  assigned  to  a non-civil service
 9    position as provided in Section 5-174 from and after  January
10    1,  1970,  (with the hereinafter stated excess not considered
11    as salary for any purpose of this  Article  for  any  of  the
12    years  prior  to  1970  except  to the extent provided by the
13    election in Section 5-174), annual  salary  means  the  total
14    salary  derived  from  appropriations applicable to the civil
15    service rank plus  the  excess  over  such  amount  paid  for
16    service in the non-civil service position.
17        (f)  Beginning  July  1, 1996, the salary of a policeman,
18    as calculated under subsection (d), shall  include  any  duty
19    availability allowance received by the policeman.
20        An  active  or  former  policeman  who (1) either retired
21    between July 1, 1994 and June 30, 1996,  both  inclusive,  or
22    attains or will attain age 50 and 20 years of service between
23    July  1,  1996  and  June  30,  1999, both inclusive, and (2)
24    received a duty availability allowance at any time during the
25    2 years immediately preceding July 1, 1996 may elect to  have
26    that  duty availability allowance included in the calculation
27    of his or her salary under subsection  (d)  for  all  or  any
28    portion  of  that  2-year  period for which the allowance was
29    received, by applying in writing and paying to the  Fund,  no
30    earlier  than  March  1,  1997 and no later than September 1,
31    1997,  the  corresponding  employee   contribution,   without
32    interest.   This  subsection  (f)  applies  without regard to
33    whether the applicant terminated service or began to  receive
34    a  retirement  annuity  before  the  effective  date  of this
HB0345 Engrossed            -3-                LRB9002049EGfg
 1    amendatory Act of 1997.  In the  case  of  a  person  who  is
 2    receiving  a  retirement  annuity at the time the application
 3    and contribution are received by the Fund, the annuity  shall
 4    be  recalculated  and  the  resulting  increase  shall become
 5    payable on the next annuity payment date following  the  date
 6    the contribution is received by the Fund.
 7    (Source: P.A. 81-1536.)
 8        Section  90.  The State Mandates Act is amended by adding
 9    Section 8.21 as follows:
10        (30 ILCS 805/8.21 new)
11        Sec. 8.21. Exempt mandate.   Notwithstanding  Sections  6
12    and  8 of this Act, no reimbursement by the State is required
13    for  the  implementation  of  any  mandate  created  by  this
14    amendatory Act of 1997.
15        Section 99. Effective date.  This Act takes  effect  upon
16    becoming law.

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