State of Illinois
91st General Assembly

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 1        AN ACT to amend the Illinois  Pension  Code  by  changing
 2    Section 4-114 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 4-114 as follows:

 7        (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
 8        Sec.  4-114.  Pension to survivors.  If a firefighter who
 9    is not receiving a disability pension under Section 4-110  or
10    4-110.1  dies  (1) as a result of any illness or accident, or
11    (2) from any cause while in receipt of a  disability  pension
12    under  this  Article, or (3) during retirement after 20 years
13    service, or (4) while vested for or in receipt of  a  pension
14    payable under subsection (b) of Section 4-109, or (5) while a
15    deferred pensioner, having made all required contributions, a
16    pension  shall  be paid to his or her survivors, based on the
17    monthly salary attached to the firefighter's rank on the last
18    day of service in the fire department, as follows:
19        (a)  To the surviving spouse, a monthly pension of 40% of
20    the monthly salary, and to the guardian of any minor child or
21    children including a child which has been conceived  but  not
22    yet  born,  12%  of  such  monthly salary for each such child
23    until attainment of age 18 or  until  the  child's  marriage,
24    whichever  occurs first.  Beginning July 1, 1993, the monthly
25    pension to the surviving spouse shall be 54% of  the  monthly
26    salary  for  all persons receiving a surviving spouse pension
27    under  this  Article,  regardless  of  whether  the  deceased
28    firefighter was in service on or after the effective date  of
29    this amendatory Act of 1993.
30        The  pension  to  the surviving spouse shall terminate in
31    the event of the surviving spouse's remarriage prior to  July
                            -2-                LRB9102635EGfg
 1    1, 1993; remarriage on or after that date does not affect the
 2    surviving   spouse's   pension,  regardless  of  whether  the
 3    deceased firefighter was in service on or after the effective
 4    date of this amendatory Act of 1993.
 5        The surviving spouse's pension shall be  subject  to  the
 6    minimum established in Section 4-109.2.
 7        (b)  Upon  the  death of the surviving spouse leaving one
 8    or more minor children, to the  duly  appointed  guardian  of
 9    each  such  child,  for  support and maintenance of each such
10    child until the child reaches age 18  or  marries,  whichever
11    occurs first, a monthly pension of 20% of the monthly salary.
12        (c)  If a deceased firefighter leaves no surviving spouse
13    or  unmarried  minor  children  under  age  18,  but leaves a
14    dependent father  or  mother,  to  each  dependent  parent  a
15    monthly pension of 18% of the monthly salary.  To qualify for
16    the  pension,  a  dependent  parent must furnish satisfactory
17    proof that the deceased firefighter was at the time of his or
18    her death the sole supporter of the parent or that the parent
19    was the deceased's dependent for federal income tax purposes.
20        (d)  The total pension provided under paragraphs (a), (b)
21    and (c) of this Section shall not exceed 75% of  the  monthly
22    salary  of  the  deceased  firefighter  (1)  when paid to the
23    survivor of a firefighter who has attained 20 or  more  years
24    of  service credit and who receives or is eligible to receive
25    a retirement pension under this Article, or (2) when paid  to
26    the survivor of a firefighter who dies as a result of illness
27    or   accident,  or  (3)  when  paid  to  the  survivor  of  a
28    firefighter who dies from any cause while  in  receipt  of  a
29    disability  pension  under  this Article, or (4) when paid to
30    the  survivor  of  a  deferred  pensioner.   For  all   other
31    survivors   of   deceased  firefighters,  the  total  pension
32    provided under paragraphs (a), (b) and (c)  of  this  Section
33    shall   not   exceed   50%  of  the  retirement  annuity  the
34    firefighter would have received on the date of death.
                            -3-                LRB9102635EGfg
 1        (e)  If a firefighter leaves no eligible survivors  under
 2    paragraphs  (a),  (b)  and (c), the board shall refund to the
 3    firefighter's estate the amount of  his  or  her  accumulated
 4    contributions,  less  the amount of pension payments, if any,
 5    made to the firefighter while living.
 6        (f)  An  adopted  child  is  eligible  for  the   pension
 7    provided  under paragraph (a) if the child was adopted before
 8    the firefighter attained age 50.
 9        (g)  If a judgment of dissolution of marriage  between  a
10    firefighter  and spouse is judicially set aside subsequent to
11    the firefighter's death, the surviving spouse is eligible for
12    the pension provided in paragraph (a) only  if  the  judicial
13    proceedings  are  filed  within 2 years after the date of the
14    dissolution  of  marriage  and  within  one  year  after  the
15    firefighter's death and the board is  made  a  party  to  the
16    proceedings.  In  such case the pension shall be payable only
17    from the date of the court's order setting aside the judgment
18    of dissolution of marriage.
19        (h)  Benefits payable on account of a  child  under  this
20    Section  shall  not be reduced or terminated by reason of the
21    child's attainment of age 18 if he or she is  then  dependent
22    by  reason  of  a  physical  or  mental  disability but shall
23    continue to be paid as long  as  such  dependency  continues.
24    Individuals  over  the  age  of 18 and adjudged as a disabled
25    person pursuant to Article XIa of the Probate  Act  of  1975,
26    except  for  persons  receiving benefits under Article III of
27    the Illinois Public Aid Code, shall be  eligible  to  receive
28    benefits under this Act.
29        (i)  In  the  case  of a firefighter who dies on or after
30    the effective date of this amendatory Act of the 91st General
31    Assembly (regardless of whether the firefighter is in service
32    on or after that date), a survivor who is eligible to receive
33    a pension under paragraph (a), (b), or (c)  of  this  Section
34    may  elect  to receive instead a pension equal to 100% of the
                            -4-                LRB9102635EGfg
 1    retirement  pension  that  the   deceased   firefighter   was
 2    receiving  on  the  date of death, including any increases in
 3    that pension received by the deceased firefighter under  this
 4    Article,   or   the  retirement  pension  that  the  deceased
 5    firefighter would have been entitled to receive under Section
 6    4-109 if he or she had retired on the day preceding the  date
 7    of  death;  except  that  if  there is more than one survivor
 8    eligible under paragraph (b) or (c),  the  pension  shall  be
 9    divided among the eligible survivors in equal shares.
10    (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)

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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