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90_HB0510
40 ILCS 5/4-109.1 from Ch. 108 1/2, par. 4-109.1
40 ILCS 5/4-115.1 from Ch. 108 1/2, par. 4-115.1
30 ILCS 805/8.21 new
Amends the Downstate Firefighter Article of the Pension
Code. Provides an annual increase in the benefit for
dependent children of firefighters receiving duty or
occupational disability benefits. Preserves benefits for a
firefighter's child who is adopted by another person after
the death of the firefighter. Amends the State Mandates Act
to require implementation without reimbursement. Effective
immediately.
LRB9000409EGfg
LRB9000409EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 4-109.1 and 4-115.1 and to amend the State Mandates
3 Act.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Pension Code is amended by
7 changing Sections 4-109.1 and 4-115.1 as follows:
8 (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
9 Sec. 4-109.1. Increase in pension.
10 (a) Except as provided in subsection (e), the monthly
11 pension of a firefighter who retires after July 1, 1971 and
12 prior to January 1, 1986, shall, upon either the first of the
13 month following the first anniversary of the date of
14 retirement if 60 years of age or over at retirement date, or
15 upon the first day of the month following attainment of age
16 60 if it occurs after the first anniversary of retirement, be
17 increased by 2% of the originally granted monthly pension and
18 by an additional 2% in each January thereafter. Effective
19 January 1976, the rate of the annual increase shall be 3% of
20 the originally granted monthly pension.
21 (b) The monthly pension of a firefighter who retired
22 from service with 20 or more years of service, on or before
23 July 1, 1971, shall be increased, in January of the year
24 following the year of attaining age 65 or in January 1972, if
25 then over age 65, by 2% of the originally granted monthly
26 pension, for each year the firefighter received pension
27 payments. In each January thereafter, he or she shall
28 receive an additional increase of 2% of the original monthly
29 pension. Effective January 1976, the rate of the annual
30 increase shall be 3%.
31 (c) The monthly pension of a firefighter who is
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1 receiving a disability pension under this Article shall be
2 increased, in January of the year following the year the
3 firefighter attains age 60, or in January 1974, if then over
4 age 60, by 2% of the originally granted monthly pension for
5 each year he or she received pension payments. In each
6 January thereafter, the firefighter shall receive an
7 additional increase of 2% of the original monthly pension.
8 Effective January 1976, the rate of the annual increase shall
9 be 3%.
10 (c-1) On January 1, 1998, every child's disability
11 benefit payable on that date under Section 4-110 or 4-110.1
12 shall be increased by an amount equal to 1/12 of 3% of the
13 amount of the benefit, multiplied by the number of months for
14 which the benefit has been payable. On each January 1
15 thereafter, every child's disability benefit payable under
16 Section 4-110 or 4-110.1 shall be increased by 3% of the
17 amount of the benefit then being paid, including any previous
18 increases received under this Article. These increases are
19 not subject to any limitation on the maximum benefit amount
20 included in Section 4-110 or 4-110.1.
21 (d) The monthly pension of a firefighter who retires
22 after January 1, 1986, shall, upon either the first of the
23 month following the first anniversary of the date of
24 retirement if 55 years of age or over at retirement date, or
25 upon the first day of the month following attainment of age
26 55 if it occurs after the first anniversary of retirement, be
27 increased by 3% of the originally granted monthly pension for
28 each full year that has elapsed since the pension began, and
29 by an additional 3% in each January thereafter.
30 (e) Notwithstanding the provisions of subsection (a),
31 upon the first day of the month following (1) the first
32 anniversary of the date of retirement, or (2) the attainment
33 of age 55, or (3) July 1, 1987, whichever occurs latest, the
34 monthly pension of a firefighter who retired on or after
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1 January 1, 1977 and on or before January 1, 1986 and did not
2 receive an increase under subsection (a) before July 1, 1987,
3 shall be increased by 3% of the originally granted monthly
4 pension for each full year that has elapsed since the pension
5 began, and by an additional 3% in each January thereafter.
6 The increases provided under this subsection are in lieu of
7 the increases provided in subsection (a).
8 (Source: P.A. 85-941.)
9 (40 ILCS 5/4-115.1) (from Ch. 108 1/2, par. 4-115.1)
10 Sec. 4-115.1. Eligibility of children. Dependent
11 benefits shall be paid to each natural child of a deceased
12 firefighter, and to each child legally adopted before the
13 firefighter attains age 50, until the child's attainment of
14 age 18, or marriage, whichever occurs first, whether or not
15 the death of the firefighter occurred prior to November 21,
16 1975.
17 Benefits payable to or on account of a child under this
18 Article shall not be reduced or terminated by reason of the
19 child's adoption by a third party after the firefighter's
20 death.
21 Benefits payable to or on account of a child under this
22 Article to children shall not be reduced or terminated by
23 reason of the child's attainment of age 18 if he or she is
24 then dependent by reason of a physical or mental disability
25 but shall continue to be paid as long as such dependency
26 continues. Individuals over the age of 18 and adjudged as a
27 disabled person pursuant to Article XIa of the Probate Act of
28 1975, except for persons receiving benefits under Article III
29 of the Illinois Public Aid Code, shall be eligible to receive
30 benefits under this Act.
31 (Source: P.A. 83-1440.)
32 Section 90. The State Mandates Act is amended by adding
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1 Section 8.21 as follows:
2 (30 ILCS 805/8.21 new)
3 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
4 and 8 of this Act, no reimbursement by the State is required
5 for the implementation of any mandate created by this
6 amendatory Act of 1997.
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.