State of Illinois
92nd General Assembly
Legislation

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92_SB1590

 
                                               LRB9213985EGfg

 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 5-114 as follows:

 6        (40 ILCS 5/5-114) (from Ch. 108 1/2, par. 5-114)
 7        Sec. 5-114. Salary.  "Salary":
 8        (a)  Annual  salary,  provided  that  $2,600 shall be the
 9    maximum amount of salary to be  considered  for  any  purpose
10    under this Act prior to July 1, 1927.
11        (b)  Annual  salary,  provided  that  $3,000 shall be the
12    maximum amount of salary to be  considered  for  any  purpose
13    under this Act from July 1, 1927 to July 1, 1931.
14        (c)  Annual salary, provided that the annual salary shall
15    be  considered  for  age and service annuity, minimum annuity
16    and disability benefits  and  $3,000  shall  be  the  maximum
17    amount  of salary to be considered for prior service annuity,
18    widow's annuity, widow's prior service  annuity  and  child's
19    annuity from July 1, 1931 to July 1, 1933.
20        (d)  Beginning July 1, 1933, annual salary of a policeman
21    appropriated  for  members of his rank or grade in the city's
22    annual  budget  or  appropriation  bill,   subject   to   the
23    following:
24             (1)  For  age  and  service annuity, minimum annuity
25        and disability benefits,  the  amount  of  annual  salary
26        without limitation.
27             (2)  For  prior  service  annuity,  widow's annuity,
28        widow's prior service annuity and  child's  annuity  from
29        July 1, 1933 to July 1, 1957, the amount of annual salary
30        up  to  a  maximum of $3,000; beginning July 1, 1957, for
31        such annuities,  the  amount  of  annual  salary  without
 
                            -2-                LRB9213985EGfg
 1        limitation.
 2             (3)  When  the salary appropriated is for a definite
 3        period of service of less than 12 months in any one year,
 4        disability benefits shall be computed  on  a  daily  wage
 5        basis  computed  by  dividing  the amount appropriated by
 6        365.
 7        (e)  For a policeman  assigned  to  a  non-civil  service
 8    position  as provided in Section 5-174 from and after January
 9    1, 1970, (with the hereinafter stated excess  not  considered
10    as  salary  for  any  purpose  of this Article for any of the
11    years prior to 1970 except to  the  extent  provided  by  the
12    election  in  Section  5-174),  annual salary means the total
13    salary derived from appropriations applicable  to  the  civil
14    service  rank  plus  the  excess  over  such  amount paid for
15    service in the non-civil service position.
16        (f)  Beginning  January  1,  1998,  the   salary   of   a
17    policeman,  as calculated under subsection (d), shall include
18    any duty availability allowance received by the policeman.
19        An active or former  policeman  who  (1)  either  retired
20    between  July  1, 1994 and December 31, 1997, both inclusive,
21    or attained or will attain age 50 and  20  years  of  service
22    between July 1, 1994 and January 1, 2002, both inclusive, and
23    (2)  received a duty availability allowance at any time after
24    June 30, 1994 and before January 1, 1998 may  elect  to  have
25    that  duty availability allowance included in the calculation
26    of his or her salary under subsection  (d)  for  all  or  any
27    portion  of that period for which the allowance was received,
28    by applying in writing and paying to  the  Fund,  no  earlier
29    than  January  1,  1998  and  no later than July 1, 1998, the
30    corresponding  employee   contribution,   without   interest.
31    Thereafter    the   City   shall   make   its   corresponding
32    contribution, without interest.
33        This subsection (f) applies without regard to whether the
34    applicant terminated service or began to receive a retirement
 
                            -3-                LRB9213985EGfg
 1    annuity before the effective date of this amendatory  Act  of
 2    1997.   In the case of a person who is receiving a retirement
 3    annuity at the time  the  application  and  contribution  are
 4    received  by  the Fund, the annuity shall be recalculated and
 5    the resulting increase  shall  become  payable  on  the  next
 6    annuity  payment  date following the date the contribution is
 7    received by the Fund.
 8        (g)  Beginning  January  1,  2003,  the   salary   of   a
 9    policeman,  as calculated under subsection (d), shall include
10    any overtime pay received by the policeman.
11    (Source: P.A. 90-551, eff. 12-12-97.)

12        Section 90.  The State Mandates Act is amended by  adding
13    Section 8.26 as follows:

14        (30 ILCS 805/8.26 new)
15        Sec.  8.26.  Exempt  mandate.  Notwithstanding Sections 6
16    and 8 of this Act, no reimbursement by the State is  required
17    for  the  implementation  of  any  mandate  created  by  this
18    amendatory Act of the 92nd General Assembly.

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.

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