State of Illinois
90th General Assembly
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90_HB2835

      40 ILCS 5/6-128           from Ch. 108 1/2, par. 6-128
      30 ILCS 805/8.22 new
          Amends the Chicago Firefighter  Article  of  the  Pension
      Code  to  provide  an  increase  in  the  retirement  benefit
      formula.   Provides  for  2.5%  (rather  than  2%) of average
      salary for each  year  of  service  beyond  20.   Applies  to
      persons  withdrawing  from  service  after December 31, 1998.
      Also makes technical changes.  Amends the State Mandates  Act
      to  require  implementation without reimbursement.  Effective
      immediately.
                                                     LRB9009443EGfg
                                               LRB9009443EGfg
 1        AN ACT to amend the Illinois  Pension  Code  by  changing
 2    Section 6-128 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 6-128 as follows:
 7        (40 ILCS 5/6-128) (from Ch. 108 1/2, par. 6-128)
 8        Sec.  6-128.  (a)  A  future  entrant who withdraws on or
 9    after July 21, 1959, after completing at least  23  years  of
10    service,  and for whom the annuity otherwise provided in this
11    Article is less than that stated in this Section, has a right
12    to receive annuity as follows:
13        If he is age 53 or more on withdrawal, his annuity  after
14    withdrawal,  shall  be  equal  to  50%  of his average salary
15    determined by striking an average of  4  consecutive  highest
16    years   of  salary  within  the  last  10  years  of  service
17    immediately preceding the date of withdrawal.
18        An employee who reaches compulsory retirement age and who
19    has less than 23 years of service  shall  be  entitled  to  a
20    minimum  annuity equal to an amount determined by the product
21    of (1) his years of service and (2) 2% of his average  salary
22    for the 4 consecutive highest years of salary within the last
23    10  years  of  service  immediately  prior  to  his  reaching
24    compulsory retirement age.
25        An  employee  who remains in service after qualifying for
26    annuity under this Section shall have added to  this  annuity
27    an additional 1% of average salary for each completed year of
28    service or fraction thereof rendered until July 21, 1959, and
29    an  additional  1%  for  a total of 2% of average salary from
30    July 21, 1959.  Each future  entrant  who  has  completed  23
31    years  of  service before reaching age 53 shall have added to
                            -2-                LRB9009443EGfg
 1    this annuity 1% of average salary for each completed year  of
 2    service  or  fraction thereof in excess of 23 years up to age
 3    53. "Salary" as  referred  to  in  this  paragraph  shall  be
 4    determined  by  striking  an  average  of  the  4 consecutive
 5    highest years of salary within the last 10 years  of  service
 6    immediately preceding withdrawal.
 7        (b)  In  lieu  of  the  annuity provided in the foregoing
 8    provisions of this Section any future entrant  who  withdraws
 9    from  the  service either (i) after December 31, 1983 with at
10    least 22 years of service credit and having attained  age  52
11    in the service, or (ii) after December 31, 1984 with at least
12    21  years of service credit and having attained age 51 in the
13    service, or (iii) after December 31, 1985 with  at  least  20
14    years  of  service  credit  and having attained age 50 in the
15    service, or (iv) after December 31, 1990  with  at  least  20
16    years  of  service regardless of age, may elect to receive an
17    annuity, to begin not earlier than upon attainment of age  50
18    if  under  that  age  at withdrawal, computed as follows:  an
19    annuity equal to 50% of the average salary for the 4  highest
20    consecutive  years  of  the  last  10  years of service, plus
21    additional annuity equal to 2% of  such  average  salary  for
22    each  completed  year of service or fraction thereof rendered
23    after his completion  of  the  minimum  number  of  years  of
24    service required for him to be eligible under this subsection
25    (b).  However, the annuity provided under this subsection (b)
26    may not exceed 75% of such average salary.
27        (c)  For  the  purpose  of this Section, "average salary"
28    means the average of  the  highest  4  consecutive  years  of
29    salary within the last 10 years of service.
30        (d)  In  lieu  of  the  annuity  provided  in  any  other
31    provision  of  this  Section,  a future entrant who withdraws
32    from service after December 31, 1998 with at least  20  years
33    of  service  may  elect  to  receive  an annuity, to begin no
34    earlier than upon attainment of age 50 if under that  age  at
                            -3-                LRB9009443EGfg
 1    withdrawal, equal to 50% of average salary plus 2% of average
 2    salary for each completed year of service or fraction thereof
 3    over 20, but not to exceed 75% of average salary.
 4    (Source: P.A. 86-1488.)
 5        Section  90.  The State Mandates Act is amended by adding
 6    Section 8.22 as follows:
 7        (30 ILCS 805/8.22 new)
 8        Sec. 8.22. Exempt mandate.   Notwithstanding  Sections  6
 9    and  8 of this Act, no reimbursement by the State is required
10    for  the  implementation  of  any  mandate  created  by  this
11    amendatory Act of 1998.
12        Section 99. Effective date.  This Act takes  effect  upon
13    becoming law.

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