State of Illinois
91st General Assembly
Legislation

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91_HB0204

 
                                               LRB9100892EGfg

 1        AN ACT to amend the Illinois  Pension  Code  by  changing
 2    Sections 5-132 and 5-148 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 Sections 5-132 and 5-148 as follows:

 7        (40 ILCS 5/5-132) (from Ch. 108 1/2, par. 5-132)
 8        Sec. 5-132. Minimum annuity.
 9        (A)  Any  policeman  who  withdraws  on  or after July 8,
10    1957, or any policeman transferred to the police  service  of
11    the  city  under  the  Exchange  of Functions Act of 1957 who
12    withdraws on or after July  17,  1959,  after  completing  at
13    least  20  years  of  service, for whom the annuity otherwise
14    provided in this Article is less than  that  stated  in  this
15    Section, has a right to receive annuity as follows:
16             (a)  If  he  is  age  55  or more on withdrawal, his
17        annuity after such withdrawal, shall be equal  to  2%  of
18        the  average  salary  for  4 consecutive years of highest
19        salaries within the  last  10  years  of  service  before
20        withdrawal,  for  each year of service, together with 1/6
21        of 1% of such average salary for each complete  month  of
22        service of each fractional year, but not in excess of 75%
23        of the average annual salary.
24             (b)  If he is age 50 or more but less than age 55 on
25        withdrawal,  his  annuity  shall  be  equal  to 2% of the
26        average salary for the 4 highest consecutive years of the
27        last 10 years  of  service  for  each  year  of  service,
28        together  with 1/16 of 1% of such average salary for each
29        month of each fractional year of service, reduced by  1/2
30        of 1% for each month that he is less than age 55.
31             (c)  If  he  is  less  than age 50 on withdrawal, he
 
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 1        may, upon attainment of age 50 or over,  become  entitled
 2        to  the annuity provided in this Section or, he may, upon
 3        application before  age  50,  receive  a  refund  of  the
 4        deductions from salary, plus interest at 1 1/2% per annum
 5        if he is entitled to refund under Section 5-163.
 6             (d)  In   lieu   of  the  annuity  provided  in  the
 7        foregoing provisions of this Section 5-132 any  policeman
 8        who  withdraws  from the service after December 31, 1973,
 9        after having attained age 53 in the service  with  23  or
10        more  years  of  service  credit  shall be entitled to an
11        annuity computed as follows if such  annuity  is  greater
12        than  that  provided  in the foregoing paragraphs of this
13        Section 5-132: An annuity equal to  50%  of  the  average
14        salary for the 4 highest consecutive years of the last 10
15        years  of  service plus additional annuity equal to 2% of
16        such average salary for each completed year of service or
17        fraction thereof rendered after his attainment of age  53
18        and the completion of 23 years of service.
19             Any  policeman who has completed 23 years of service
20        prior to his attainment of age  53  in  the  service  and
21        continues  in  the service until his attainment of age 53
22        shall have added to his annuity, computed as provided  in
23        the   immediately   preceding  paragraph,  an  additional
24        annuity equal to 1%  of  such  average  salary  for  each
25        completed  year  of service or fraction thereof in excess
26        of 23 years up to age 53.
27             (e)  In  lieu  of  the  annuity  provided   in   the
28        foregoing  provisions  of this Section, any policeman who
29        withdraws from the service either (i) after December  31,
30        1983  with at least 22 years of service credit and having
31        attained age 52 in the service, or  (ii)  after  December
32        31,  1984  with  at  least 21 years of service credit and
33        having attained age 51 in the  service,  or  (iii)  after
34        December  31,  1985  with  at  least  20 years of service
 
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 1        credit and having attained age 50 in the service, or (iv)
 2        after December 31,  1990,  with  at  least  20  years  of
 3        service credit regardless of age, shall be entitled to an
 4        annuity  to begin not earlier than upon attainment of age
 5        50 if under such age at withdrawal, computed as  follows:
 6        an  annuity  equal to 50% of the average salary for the 4
 7        highest  consecutive  years  of  the  last  10  years  of
 8        service, plus additional annuity  equal  to  2%  of  such
 9        average  salary  for  each  completed  year of service or
10        fraction thereof rendered after  his  completion  of  the
11        minimum number of years of service required for him to be
12        eligible  under this subsection (e). However, the annuity
13        provided under this subsection (e) may not exceed 75% of
14        such average salary.
15             (f)  In  lieu  of  the  annuity  provided   in   the
16        foregoing  provisions  of  this  Section, a policeman who
17        withdraws from the service after December 31,  1999  with
18        at  least 20 years of service credit may elect to receive
19        an annuity, to begin not earlier than upon attainment  of
20        age  50  if under that age at withdrawal, equal to 50% of
21        average salary plus  2.5%  of  average  salary  for  each
22        completed  year  of service or fraction thereof in excess
23        of 20, but not to exceed a  maximum  of  80%  of  average
24        salary.
25        (B)  A  policeman  withdrawing  after  September 1, 1969,
26    may, in addition, be entitled to  the  benefits  provided  by
27    Section 5-167.1 of this Article if he so qualifies under that
28    Section.
29        (C)  If,  on  withdrawal,  total  service is less than 20
30    years, the policeman shall not  be  entitled  to  an  annuity
31    under this Section but may receive an annuity under the other
32    provisions  of  this  Article  or,  if entitled thereto under
33    Section 5-163,  a  refund  of  the  deductions  from  salary,
34    including, in the case of policemen transferred to the police
 
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 1    service  of  the  city under the Exchange of Functions Act of
 2    1957, the additional contribution  paid  on  salary  received
 3    from  August  1,  1957,  to July 17, 1959, as provided in the
 4    Park Policemen's Annuity Act, together  with  interest  at  1
 5    1/2% per annum.
 6        Moneys  voluntarily  contributed  under  the  Policemen's
 7    Annuity  and Benefit Fund Act of the Illinois Municipal Code,
 8    or the Park Policemen's Annuity Act, shall be refunded to the
 9    contributing policemen who were  in  service  on  January  1,
10    1954,  or  in the case of policemen transferred to the police
11    service of the city under the Exchange of  Functions  Act  of
12    1957, who were in service on July 17, 1959.
13        The age and service annuity formula in this Section shall
14    not apply to any policeman who, having retired before July 8,
15    1957,  or  before  July  17, 1959, in the case of a policeman
16    transferred under the provisions of the Exchange of Functions
17    Act of 1957, re-enters the police service after  such  dates,
18    whichever are applicable.
19        (D)  For  the  purpose of this Section and Section 5-148,
20    "average  salary"  means  the  average  of  the   highest   4
21    consecutive  years  of  salary  within  the  last 10 years of
22    service.
23    (Source: P.A. 86-1488.)

24        (40 ILCS 5/5-148) (from Ch. 108 1/2, par. 5-148)
25        Sec. 5-148.  Maximum annuities.  No annuity in excess  of
26    75%  of the highest salary considered for annuity purposes in
27    accordance with this Article (80% of average  salary  in  the
28    case  of  a  policeman  whose  annuity  is  calculated  under
29    subdivision  (A)(f)  of  Section 5-132) shall be payable to a
30    policeman, or to the widow of a policeman whose death results
31    from injury incurred in the performance of an  act  of  duty.
32    No  amount  of  annuity  in excess of $500 per month shall be
33    payable to the widow of a policeman whose death results  from
 
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 1    any cause other than injury incurred in the performance of an
 2    act of duty, except as provided in Section 5-136.1.
 3        If,  when a policeman's annuity is fixed, there is to his
 4    credit, for  such  annuity,  an  amount  in  excess  of  that
 5    necessary to provide an annuity of 75% of his highest salary
 6    (80%  of  average  salary  in  the  case of a policeman whose
 7    annuity is calculated under  subdivision  (A)(f)  of  Section
 8    5-132),  7/24  of  such  excess  shall  be  refunded  if  the
 9    policeman  is  a  future  entrant;  and  if  he  is a present
10    employee, there shall be refunded,  a  part  of  such  excess
11    amount  proportionately  equal  to  that  part  of the entire
12    amount to his credit for such annuity purposes, which the sum
13    that has resulted from salary deductions bears to such entire
14    amount.
15        Until January 1, 1986, if,  when  a  widow's  annuity  is
16    fixed,  there  is  to  the  policeman's  credit,  for widow's
17    annuity, an amount in excess of that necessary to provide  an
18    annuity  of  $500  per  month,  1/3  of  such excess shall be
19    refunded to the policeman if he is a future entrant; and,  if
20    he  is  a present employee, there shall be refunded a part of
21    such excess amount proportionately equal to that part of  the
22    entire  amount  to his credit for such annuity purposes which
23    the sum that has resulted from employee  contributions  bears
24    to such entire amount.  If the widow's annuity is fixed on or
25    after  January  1,  1986,  no  refund of excess contributions
26    shall be made under this paragraph.
27        Until January 1, 1986, if at the time of the death  of  a
28    policeman  resulting  from injury incurred in the performance
29    of an act of duty,  there  is  to  his  credit,  for  widow's
30    annuity,  an amount in excess of that necessary to provide an
31    annuity of 75% of his highest salary, or $500  per  month  if
32    death  results from any other cause, 1/3 of such excess shall
33    be refunded to his widow if he was a future entrant; and,  if
34    he  was  a  present  employee, there shall be refunded to his
 
                            -6-                LRB9100892EGfg
 1    widow a part of such excess amount proportionately  equal  to
 2    that part of the entire amount to his credit for such annuity
 3    purposes  which  the  sum  that  has resulted from employee's
 4    contributions bears to such entire amount.  If employee  dies
 5    in  service  on or after January 1, 1986, no refund of excess
 6    contributions shall be made under this paragraph.
 7        This amendatory Act of 1972 does not increase the  amount
 8    of  any  widow's  annuity which is fixed before the effective
 9    date of this amendatory Act of 1972.
10    (Source: P.A. 84-1104.)

11        Section 90.  The State Mandates Act is amended by  adding
12    Section 8.23 as follows:

13        (30 ILCS 805/8.23 new)
14        Sec.  8.23.  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 the 91st General Assembly.

18        Section  99.  Effective date.  This Act takes effect upon
19    becoming law.

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