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90_HB3798
40 ILCS 5/3-111 from Ch. 108 1/2, par. 3-111
30 ILCS 805/8.22 new
Amends the Downstate Police Article of the Pension Code.
Lowers the minimum retirement age from 60 to 55 for certain
persons who retire with more than 8 but fewer than 20 years
of service. Amends the State Mandates Act to require
implementation without reimbursement. Effective immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Section 3-111 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 3-111 as follows:
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
10 years of creditable service, who is no longer in service as a
11 police officer, shall receive a pension of 1/2 of the salary
12 attached to the rank held by the officer on the police force
13 for one year immediately prior to retirement or, beginning
14 July 1, 1987 for persons terminating service on or after that
15 date, the salary attached to the rank held on the last day of
16 service or for one year prior to the last day, whichever is
17 greater. The pension shall be increased by 2% of such salary
18 for each additional year of service over 20 years, up to 30
19 years, and 1% of such salary for each additional year of
20 service over 30 years, to a maximum of 75% of such salary.
21 No pension in effect on or granted after June 30, l973 shall
22 be less than $200 per month. Beginning July 1, 1987, the
23 minimum retirement pension for a police officer having at
24 least 20 years of creditable service shall be $400 per month,
25 without regard to whether or not retirement occurred prior to
26 that date.
27 (b) A police officer mandatorily retired from service
28 due to age by operation of law, having at least 8 but less
29 than 20 years of creditable service, shall receive a pension
30 equal to 2 1/2% of the salary attached to the rank he or she
31 held on the police force for one year immediately prior to
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1 retirement or, beginning July 1, 1987 for persons terminating
2 service on or after that date, the salary attached to the
3 rank held on the last day of service or for one year prior to
4 the last day, whichever is greater, for each year of
5 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 55 60
12 equal to 2.5% of the salary attached to the rank held by the
13 police officer on the police force for one year immediately
14 prior to retirement or, beginning July 1, 1987 for persons
15 terminating service on or after that date, the salary
16 attached to the rank held on the last day of service or for
17 one year prior to the last day, whichever is greater, for
18 each year of creditable service.
19 The change to this subsection made by this amendatory Act
20 of 1998 (changing the minimum retirement age from 60 to 55)
21 applies to persons who begin receiving a retirement pension
22 on or after the effective date of this amendatory Act of
23 1998, without regard to whether or not they were in service
24 on or after that date.
25 (c) A police officer no longer in service who has at
26 least one but less than 8 years of creditable service in a
27 police pension fund but meets the requirements of this
28 subsection (c) shall be eligible to receive a pension from
29 that fund equal to 2.5% of the salary attached to the rank
30 held on the last day of service under that fund or for one
31 year prior to that last day, whichever is greater, for each
32 year of creditable service in that fund. The pension shall
33 begin no earlier than upon attainment of age 60 (or upon
34 mandatory retirement from the fund by operation of law due to
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1 age, if that occurs before age 60) and in no event before the
2 effective date of this amendatory Act of 1997.
3 In order to be eligible for a pension under this
4 subsection (c), the police officer must have at least 8 years
5 of creditable service in a second police pension fund under
6 this Article and be receiving a pension under subsection (a)
7 or (b) of this Section from that second fund. The police
8 officer need not be in service on or after the effective date
9 of this amendatory Act of 1997.
10 (Source: P.A. 90-460, eff. 8-17-97.)
11 Section 90. The State Mandates Act is amended by adding
12 Section 8.22 as follows:
13 (30 ILCS 805/8.22 new)
14 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
15 and 8 of this Act, no reimbursement by the State is required
16 for the implementation of any mandate created by this
17 amendatory Act of 1998.
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.