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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ House Amendment 003 ] |
92_HB3136ham002
LRB9206537EGfgam02
1 AMENDMENT TO HOUSE BILL 3136
2 AMENDMENT NO. . Amend House Bill 3136, AS AMENDED,
3 in the introductory portion of Section 5, before "9-163", by
4 inserting "9-146.1,"; and
5 in Section 5, before the beginning of Sec. 9-163, by
6 inserting the following:
7 "(40 ILCS 5/9-146.1) (from Ch. 108 1/2, par. 9-146.1)
8 Sec. 9-146.1. Minimum annuities for widows. The widow of
9 an employee who retires from service or dies while in the
10 service subsequent to June 11, 1965, who is otherwise
11 eligible for widow's annuity under this Article and for whom
12 the amount of widow's annuity and widow's prior service
13 annuity combined, fixed or provided for such widow under
14 other provisions of this Article 9 is less than the amount
15 hereinafter provided in this Section, shall, from and after
16 the date her otherwise provided annuity would begin, in lieu
17 of such otherwise provided widow's and widow's prior service
18 annuity, be entitled to the following indicated amount of
19 annuity:
20 (a) The widow, of any employee who dies while in the
21 service on or after the date on which he attains the age of
22 60 or more years with at least 20 years of service, or 10 or
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1 more years of service if death occurs on or after attainment
2 of age 65 and on or after January 1, 1982, shall be entitled
3 to an annuity equal to one-half of the amount of annuity
4 which her deceased husband would have been entitled to
5 receive had he withdrawn from the service on the day
6 immediately preceding the date of his death, conditional upon
7 such widow having attained the age of 60 or more years on
8 such date. Such amount of widow's annuity shall not, however,
9 exceed the sum of $500 a month if death in service occurs
10 before July 1, 1985.
11 If such widow of such described employee shall not be 60
12 or more years of age on such date of death, the amount
13 provided in the immediately preceding paragraph for a widow
14 60 or more years of age, shall, in the case of such younger
15 widow, be reduced by 1/2 of 1 per cent for each month that
16 her then attained age is less than 60 years; except that such
17 younger widow of an employee who dies while in service on or
18 after July 1, 1985 with at least 30 years of service, shall
19 not be subject to the reduction in widow's annuity because of
20 her age less than 60 on the date of the employee's death.
21 (b) The widow, of any employee who dies subsequent to
22 the date of his retirement on annuity, and who so retired on
23 or after the date on which he attained the age of 60 or more
24 years with at least 20 years of service, or 10 or more years
25 of service if retirement occurs on or after attainment of age
26 65 and on or after January 1, 1982, shall be entitled to an
27 annuity equal to one-half of the amount of annuity which her
28 deceased husband received as of the date of his retirement on
29 annuity, conditional upon such widow having attained the age
30 of 60 or more years on the date of her husband's retirement
31 on annuity. Such amount of widow's annuity shall not,
32 however, exceed the sum of $500 a month if the death occurs
33 before the effective date of this amendatory Act of 1991.
34 If such widow of such described employee shall not have
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1 attained such age of 60 or more years on such date of her
2 husband's retirement on annuity, the amount provided in the
3 immediately preceding paragraph for a widow 60 or more years
4 of age on the date of her husband's retirement on annuity,
5 shall, in the case of such then younger widow, be reduced by
6 1/2 of 1 per cent for each month that her then attained age
7 was less than 60 years; except that such younger widow of an
8 employee retiring on or after July 1, 1985 with at least 30
9 years of service, shall not be subject to the reduction in
10 widow's annuity because of her age less than 60 on the date
11 of the employee's retirement.
12 (c) The foregoing provisions relating to minimum
13 annuities for widows shall not apply to the widow of any
14 former county employee receiving an annuity from the Fund on
15 June 11, 1965, who re-enters service as a county employee,
16 unless such employee renders at least 3 years of additional
17 service after the date of re-entry.
18 (d) An annuity being paid to a surviving spouse on
19 January 1, 1984 shall be increased by 10% and shall
20 thereafter be paid at the increased rate until the
21 termination of the annuity by death or other cause. The
22 annuity for a qualifying widow shall not exceed $500 per
23 month.
24 (e) The widow of any employee who dies while in service
25 on or after July 1, 1985 but prior to January 1, 1988, and
26 the widow of an employee who retires on or after July 1, 1985
27 but prior to January 1, 1988 with at least 10 years of
28 service, and the widow of an employee who retires on or after
29 January 1, 1984 but prior to July 1, 1985 with at least 30
30 years of service, shall be entitled to an annuity equal to
31 one-half of the amount of annuity which her deceased husband
32 would have received had he retired immediately prior to his
33 death or one-half the amount of the originally granted
34 retirement annuity, whichever is applicable. Such widow's
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1 annuity will be reduced 0.5% for each month that the widow's
2 attained age is less than age 60 on the date of the
3 employee's death in service or retirement if the employee's
4 death in service or retirement is before January 1, 1988;
5 except that such younger widow of an employee with at least
6 30 years of service shall not be subject to the reduction in
7 widow's annuity because of her age less than 60 on the date
8 of the employee's death in service or retirement.
9 The widow of an employee who dies in service on or after
10 January 1, 1988, or retires on or after January 1, 1988 with
11 at least 10 years of service, shall be entitled to an annuity
12 equal to 1/2 of the amount of annuity which her deceased
13 husband would have received had he retired immediately prior
14 to his death or 1/2 of the amount of the annuity which her
15 deceased husband received as of the date of his death,
16 whichever is applicable. Such widow's annuity shall be
17 reduced 0.5% for each month that the widow's attained age is
18 less than age 60 on the date of the employee's death if
19 employee's death in service or retirement is after January 1,
20 1988; except that such younger widow of an employee with at
21 least 30 years of service shall not be subject to the
22 reduction in widow's annuity because of her age on the date
23 of the employee's death.
24 In lieu of any other annuity provided by this Article,
25 the widow of an employee who dies in service on or after
26 January 1, 1992, or retires on or after January 1, 1992 with
27 at least 10 years of service, shall be entitled to an annuity
28 equal to 1/2 of the amount of annuity which her deceased
29 husband would have received had he retired immediately prior
30 to his death or 1/2 of the amount of the annuity which her
31 deceased husband received as of the date of his death,
32 whichever is applicable. Such widow's annuity shall be
33 reduced 0.5% for each month that the widow's attained age is
34 less than age 55 on the date of the employee's death; except
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1 that such younger widow of an employee with at least 30 years
2 of service shall not be subject to the reduction in widow's
3 annuity because of her age on the date of the employee's
4 death.
5 In lieu of any other annuity provided by this Article,
6 the widow of an employee who dies in service or withdraws
7 from service on or after January 1, 1992 but before January
8 1, 1993 at age 55 or over with at least 5 but less than 10
9 years of service, shall be entitled to an annuity equal to
10 half of the amount of annuity which her deceased husband
11 would have received had he retired immediately prior to his
12 death or half of the amount of the annuity which her deceased
13 husband received as of the date of his death, whichever is
14 applicable. This widow's annuity shall be reduced 0.5% for
15 each month that the widow's attained age is less than 60 on
16 the date of the employee's death.
17 However, in the case of an employee dying in service, the
18 amount of widow's annuity shall not be less than 10% of the
19 highest average annual salary for any 4 consecutive years
20 within the last 10 years of service immediately preceding the
21 date of withdrawal. The maximum amount of annuity under this
22 paragraph shall not be limited to a dollar maximum. The
23 provisions of this paragraph shall not apply to the widow of
24 any former County employee receiving an annuity from the fund
25 who re-enters service as a County employee, unless such
26 employee renders at least 3 years of additional service after
27 the date of re-entry.
28 (f) An annuity being paid to a surviving spouse on July
29 1, 1988, shall be increased on that date by 1% for each full
30 year that has elapsed from the date the annuity began.
31 (g) In lieu of any other annuity provided under this
32 Article, if the deceased employee was receiving a retirement
33 annuity at the time of his death and that death occurs on or
34 after January 1, 1993, the widow's annuity shall be 50% of
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1 the deceased employee's retirement annuity at the time of
2 death, reduced by 0.5% for each month that the widow's age on
3 the date of death is less than 55, except that the reduction
4 does not apply if the deceased employee had at least 30 years
5 of service.
6 (h) In lieu of any other annuity provided under this
7 Article, the widow of an employee who dies in service on or
8 after January 1, 2002 or has at least 10 years of service and
9 dies on or after January 1, 2002 while receiving an annuity
10 shall be entitled to a widow's annuity equal to 65% of the
11 amount of annuity which her deceased husband would have
12 received had he retired immediately prior to his death or 65%
13 of the amount of the annuity which her deceased husband
14 received as of the date of his death, whichever is
15 applicable. This widow's annuity shall be reduced by 0.5%
16 for each month that the widow's age on the date of the
17 employee's death is less than 55, unless the deceased husband
18 had at least 30 years of service.
19 (Source: P.A. 86-273; 87-794; 87-1265.)".