State of Illinois
92nd General Assembly

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 1        AN ACT in relation to public employee benefits.

 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    changing Section 5-144 as follows:

 6        (40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144)
 7        Sec. 5-144. Death from injury in the performance of  acts
 8    of duty; compensation annuity and supplemental annuity.
 9        (a)  Beginning  January  1,  1986,  and without regard to
10    whether or not the annuity  in  question  began  before  that
11    date,  if  the  annuity  for  the  widow of a policeman whose
12    death, on or after  January  1,  1940,  results  from  injury
13    incurred in the performance of an act or acts of duty, is not
14    equal  to  the sum hereinafter stated, "compensation annuity"
15    equal to the difference between the  annuity  and  an  amount
16    equal  to  75%  of  the  policeman's  salary  attached to the
17    position he held by certification and appointment as a result
18    of  competitive  civil   service   examination   that   would
19    ordinarily  have been paid to him as though he were in active
20    discharge of his duties shall be payable to the  widow  until
21    the policeman, had he lived, would have attained age 63.  The
22    total  amount  of  the  widow's annuity and children's awards
23    payable to the family of such policeman shall not exceed  the
24    amounts stated in Section 5-152.
25        The  provisions of this Section, as amended by Public Act
26    84-1104, including the reference to the date upon  which  the
27    deceased policeman would have attained age 63, shall apply to
28    all  widows  of  policemen  whose  death  occurs  on or after
29    January 1, 1940 due to injury incurred in the performance  of
30    an  act  of  duty,  regardless of whether such death occurred
31    prior to September 17, 1969.  For those widows  of  policemen
                            -2-                LRB9213983EGfg
 1    that  died  prior  to September 17, 1969, who became eligible
 2    for compensation annuity by the action of Public Act 84-1104,
 3    such compensation annuity shall begin and be calculated  from
 4    January  1,  1986.   The provisions of this amendatory Act of
 5    1987 are intended to restate and clarify the intent of Public
 6    Act 84-1104, and do not make any substantive change.
 7        (b)  Upon  termination  of  the   compensation   annuity,
 8    "supplemental  annuity"  shall  become  payable to the widow,
 9    equal to the difference between the annuity for the widow and
10    an amount equal to 75% 50% of the  annual  salary  (including
11    all salary increases and longevity raises) that the policeman
12    would  have  been  receiving  when  he attained age 63 if the
13    policeman had continued in service at the same rank  (whether
14    career  service  or  exempt)  that he last held in the police
15    department.  The increase in supplemental  annuity  resulting
16    from  this  amendatory  Act of the 92nd General Assembly 1995
17    applies without regard to whether the deceased policeman  was
18    in  service on or after the effective date of this amendatory
19    Act and is payable from January 1, 2003 1996 or the date upon
20    which the supplemental annuity begins, whichever is later.
21        (c)  Neither compensation nor supplemental annuity  shall
22    be paid unless the death of the policeman was a direct result
23    of  the  injury,  or  the  injury was of such character as to
24    prevent  him  from  subsequently  resuming   service   as   a
25    policeman;  nor shall compensation or supplemental annuity be
26    paid unless the widow was the wife of the policeman when  the
27    injury occurred.
28    (Source: P.A. 89-12, eff. 4-20-95.)

29        Section  90.  The State Mandates Act is amended by adding
30    Section 8.26 as follows:

31        (30 ILCS 805/8.26 new)
32        Sec. 8.26. Exempt mandate.   Notwithstanding  Sections  6
                            -3-                LRB9213983EGfg
 1    and  8 of this Act, no reimbursement by the State is required
 2    for  the  implementation  of  any  mandate  created  by  this
 3    amendatory Act of the 92nd General Assembly.

 4        Section 99. Effective date.  This Act takes  effect  upon
 5    becoming law.

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