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91_HB0367 LRB9101355EGfg 1 AN ACT to amend the Illinois Pension Code by changing 2 Sections 6-128, 6-140, 6-144, and 6-151 and to amend the 3 State Mandates 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 6-128, 6-140, 6-144, and 6-151 as follows: 8 (40 ILCS 5/6-128) (from Ch. 108 1/2, par. 6-128) 9 Sec. 6-128. Alternative annuity for future entrants. 10 (a) A future entrant who withdraws on or after July 21, 11 1959, after completing at least 23 years of service, and for 12 whom the annuity otherwise provided in this Article is less 13 than that stated in this Section, has a right to receive 14 annuity as follows: 15 If he is age 53 or more on withdrawal, his annuity after 16 withdrawal, shall be equal to 50% of his average salary 17
determined by striking an average of 4 consecutive highest18 years of salary within the last 10 years of service19 immediately preceding the date of withdrawal. 20 An employee who reaches compulsory retirement age and who 21 has less than 23 years of service shall be entitled to a 22 minimum annuity equal to an amount determined by the product 23 of (1) his years of service and (2) 2% of his average salary 24 for the 4 consecutive highest years of salary within the last25 10 years of service immediately prior to his reaching26 compulsory retirement age. 27 An employee who remains in service after qualifying for 28 annuity under this Section shall have added to this annuity 29 an additional 1% of average salary for each completed year of 30 service or fraction thereof rendered until July 21, 1959, and 31 an additional 1% for a total of 2% of average salary from -2- LRB9101355EGfg 1 July 21, 1959. Each future entrant who has completed 23 2 years of service before reaching age 53 shall have added to 3 this annuity 1% of average salary for each completed year of 4 service or fraction thereof in excess of 23 years up to age 5 53. "Salary" as referred to in this paragraph shall be6 determined by striking an average of the 4 consecutive7 highest years of salary within the last 10 years of service8 immediately preceding withdrawal.9 (b) In lieu of the annuity provided in the foregoing 10 provisions of this Section any future entrant who withdraws 11 from the service either (i) after December 31, 1983 with at 12 least 22 years of service credit and having attained age 52 13 in the service, or (ii) after December 31, 1984 with at least 14 21 years of service credit and having attained age 51 in the 15 service, or (iii) after December 31, 1985 with at least 20 16 years of service credit and having attained age 50 in the 17 service, or (iv) after December 31, 1990 with at least 20 18 years of service regardless of age, may elect to receive an 19 annuity, to begin not earlier than upon attainment of age 50 20 if under that age at withdrawal, computed as follows: an 21 annuity equal to 50% of theaverage salary for the 4 highest22 consecutive years of the last 10 years of service, plus 23 additional annuity equal to 2% of suchaverage salary for 24 each completed year of service or fraction thereof rendered 25 after his completion of the minimum number of years of 26 service required for him to be eligible under this subsection 27 (b). However, the annuity provided under this subsection (b) 28 may not exceed 80% 75%of suchaverage salary (75% if the 29 last day of service is before January 1, 2000). 30 (c) For the purpose of this Section, "average salary" 31 means the average of the highest 4 consecutive years of 32 salary within the last 10 years of service. 33 (Source: P.A. 86-1488.) -3- LRB9101355EGfg 1 (40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140) 2 Sec. 6-140. Death in line of duty. 3 (a) The annuity for the widow of a fireman whose death 4 results from the performance of an act or acts of duty shall 5 be an amount equal to the following specified percentage 50%6 of the current annual salary attached to the classified 7 position to which the fireman was certified at the time of 8 his death: (i) 50% if the death occurs before January 1, 9 1973; (ii) and75% if the death occurs thereofafter December 10 31, 1972 and before January 1, 2000; ,and (iii) 80% if the 11 death occurs after December 31, 1999. The annuity itshall 12 be payable to the widow until the fireman, had he lived, 13 would have attained the age prescribed for compulsory 14 retirement. 15 Thereafter the widow shall receive annuity of an amount 16 equal to 40% of the current annual salary attached to the 17 classified position to which the fireman was certified at the 18 time of his death. The benefits provided in this Section 19 shall be paid to all widows who qualified to receive said 20 benefits before the effective date of this amendatory Act and 21 to those widows who qualify after the effective date. 22 (b) Unless the performance of an act or acts of duty 23 results directly in the death of the fireman, or prevents him 24 from subsequently resuming active service in the fire 25 department, the annuity herein provided shall not be paid; 26 nor shall such annuities be paid unless the widow was the 27 wife of the fireman at the time of the act or acts of duty 28 which resulted in his death. 29 (Source: P. A. 77-1580.) 30 (40 ILCS 5/6-144) (from Ch. 108 1/2, par. 6-144) 31 Sec. 6-144. Maximum annuity to fireman. No annuity in 32 excess of 80% (75% if the last day of service is before 33 January 1, 2000) of the highest salary received by the -4- LRB9101355EGfg 1 fireman concerned shall be granted or paid to him except to 2 the extent that the annuity may exceed that amount such 75%3 under the provisions of Section 6-164 of this Article. 4 (Source: P. A. 77-1353.) 5 (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151) 6 Sec. 6-151. Duty disability. 7 (a) An active fireman who is or becomes disabled on or 8 after the effective date as the result of a specific injury, 9 or of cumulative injuries, or of specific sickness incurred 10 in or resulting from an act or acts of duty, shall have the 11 right to receive duty disability benefit during any period of 12 such disability for which he does not receive or have a right 13 to receive salary, equal to 80% 75%of his salary at the time 14 the disability is allowed (75% if the disability is allowed 15 before January 1, 2000). However, beginning January 1, 1994, 16 no duty disability benefit that has been payable under this 17 Section for at least 10 years shall be less than 50% of the 18 current salary attached from time to time to the rank and 19 grade held by the fireman at the time of his removal from the 20 Department payroll, regardless of whether that removal 21 occurred before the effective date of this amendatory Act of 22 1993. 23 (b) Whenever an active fireman is or becomes so injured 24 or sick, as to require medical or hospital attention, the 25 chief officer of the fire department of the city shall file, 26 or cause to be filed, with the board a report of the nature 27 and cause of his disability, together with the certificate or 28 report of the physician attending or treating, or who 29 attended or treated the fireman, and a copy of any hospital 30 record concerning the disability. Any injury or sickness not 31 reported to the board in time to permit the board's physician 32 to examine the fireman before his recovery, and any injury or 33 sickness for which a physician's report or copy of the -5- LRB9101355EGfg 1 hospital record is not on file with the board shall not be 2 considered for the payment of duty disability benefit. 3 (c) Such fireman shall also receive a child's disability 4 benefit of $30 per month on account of each unmarried child, 5 the issue of the fireman or legally adopted by him prior to 6 the date of disability, who is less than 18 years of age or 7 handicapped and dependent upon the fireman for support. The 8 total amount of child's disability benefit shall not exceed 9 25% of his salary at the time the disability is allowed. 10 (d) The first payment of duty disability or child's 11 disability benefit shall be made not later than one month 12 after the benefit is granted. Each subsequent payment shall 13 be made not later than one month after the date of the latest 14 payment. 15 Duty disability benefit shall be payable during the 16 period of the disability until the fireman reaches the age of 17 compulsory retirement. Child's disability benefit shall be 18 paid to such a fireman during the period of disability until 19 such child or children attain age 18 or marries, whichever 20 event occurs first; except that attainment of age 18 by a 21 child who is so physically or mentally handicapped as to be 22 dependent upon the fireman for support, shall not render the 23 child ineligible for child's disability benefit. The fireman 24 shall thereafter receive such annuity or annuities as are 25 provided for him in accordance with other provisions of this 26 Article. 27 (Source: P.A. 88-528.) 28 Section 90. The State Mandates Act is amended by adding 29 Section 8.23 as follows: 30 (30 ILCS 805/8.23 new) 31 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6 32 and 8 of this Act, no reimbursement by the State is required -6- LRB9101355EGfg 1 for the implementation of any mandate created by this 2 amendatory Act of the 91st General Assembly. 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.
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