State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]


92_HB2691eng

 
HB2691 Engrossed                               LRB9202367EGmg

 1        AN ACT in relation to pensions.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Pension  Code  is  amended  by
 5    adding Section 5-129.1 and changing Section 5-144 as follows:

 6        (40 ILCS 5/5-129.1 new)
 7        Sec.  5-129.1.  Withdrawal  at mandatory retirement age -
 8    amount of annuity.
 9        (a)  In  lieu  of  any  annuity  provided  in  the  other
10    provisions of this Article, a policeman who  is  required  to
11    withdraw   from   service  due  to  attainment  of  mandatory
12    retirement age and has less than 20 years of  service  credit
13    may  elect  to  receive  an  annuity  equal to 30% of average
14    salary for the first 10 years of service plus 2%  of  average
15    salary for each completed year of service or fraction thereof
16    in  excess  of  10,  but  not  to  exceed a maximum of 48% of
17    average salary.
18        (b)  For the purpose of this  Section,  "average  salary"
19    means  the  average  of  the  highest  4 consecutive years of
20    salary within the last 10 years of service, or  such  shorter
21    period  as  may  be  used  to  calculate a minimum retirement
22    annuity under Section 5-132.
23        (c)  For  the  purpose  of  qualifying  for  the   annual
24    increases  provided  in  Section  5-167.1,  a policeman whose
25    retirement annuity is calculated under this Section shall  be
26    deemed to qualify for a minimum annuity.

27        (40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144)
28        Sec.  5-144. Death from injury in the performance of acts
29    of duty; compensation annuity and supplemental annuity.
30        (a)  Beginning January 1, 1986,  and  without  regard  to
 
HB2691 Engrossed            -2-                LRB9202367EGmg
 1    whether  or  not  the  annuity  in question began before that
 2    date, if the annuity for  the  widow  of  a  policeman  whose
 3    death,  on  or  after  January  1,  1940, results from injury
 4    incurred in the performance of an act or acts of duty, is not
 5    equal to the sum hereinafter stated,  "compensation  annuity"
 6    equal  to  the  difference  between the annuity and an amount
 7    equal to 75%  of  the  policeman's  salary  attached  to  the
 8    position he held by certification and appointment as a result
 9    of   competitive   civil   service   examination  that  would
10    ordinarily have been paid to him as though he were in  active
11    discharge  of  his duties shall be payable to the widow until
12    the policeman, had he lived, would have attained age 63.  The
13    total amount of the widow's  annuity  and  children's  awards
14    payable  to the family of such policeman shall not exceed the
15    amounts stated in Section 5-152.
16        The provisions of this Section, as amended by Public  Act
17    84-1104,  including  the reference to the date upon which the
18    deceased policeman would have attained age 63, shall apply to
19    all widows of  policemen  whose  death  occurs  on  or  after
20    January  1, 1940 due to injury incurred in the performance of
21    an act of duty, regardless of  whether  such  death  occurred
22    prior  to  September 17, 1969.  For those widows of policemen
23    that died prior to September 17, 1969,  who  became  eligible
24    for compensation annuity by the action of Public Act 84-1104,
25    such  compensation annuity shall begin and be calculated from
26    January 1, 1986.  The provisions of this  amendatory  Act  of
27    1987 are intended to restate and clarify the intent of Public
28    Act 84-1104, and do not make any substantive change.
29        (b)  Upon   termination   of  the  compensation  annuity,
30    "supplemental annuity" shall become  payable  to  the  widow,
31    equal to the difference between the annuity for the widow and
32    an  amount  equal  to 75% 50% of the annual salary (including
33    all salary increases and longevity raises) that the policeman
34    would have been receiving when he  attained  age  63  if  the
 
HB2691 Engrossed            -3-                LRB9202367EGmg
 1    policeman  had continued in service at the same rank (whether
 2    career service or exempt) that he last  held  in  the  police
 3    department.   The  increase in supplemental annuity resulting
 4    from this amendatory Act of the 92nd  General  Assembly  1995
 5    applies  without regard to whether the deceased policeman was
 6    in service on or after the effective date of this  amendatory
 7    Act and is payable from January 1, 2002 1996 or the date upon
 8    which the supplemental annuity begins, whichever is later.
 9        (c)  Neither  compensation nor supplemental annuity shall
10    be paid unless the death of the policeman was a direct result
11    of the injury, or the injury was  of  such  character  as  to
12    prevent   him   from   subsequently  resuming  service  as  a
13    policeman; nor shall compensation or supplemental annuity  be
14    paid  unless the widow was the wife of the policeman when the
15    injury occurred.
16    (Source: P.A. 89-12, eff. 4-20-95.)

17        Section 90.  The State Mandates Act is amended by  adding
18    Section 8.26 as follows:

19        (30 ILCS 805/8.26 new)
20        Sec.  8.26.  Exempt  mandate.  Notwithstanding Sections 6
21    and 8 of this Act, no reimbursement by the State is  required
22    for  the  implementation  of  any  mandate  created  by  this
23    amendatory Act of the 92nd General Assembly.

24        Section  99.  Effective date.  This Act takes effect upon
25    becoming law.

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