Illinois General Assembly - Full Text of Public Act 093-0917
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Public Act 093-0917


 

Public Act 0917 93RD GENERAL ASSEMBLY



 


 
Public Act 093-0917
 
HB0378 Enrolled LRB093 03957 EFG 03996 b

    AN ACT in relation to public employee benefits.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pension Code is amended by changing
Sections 6-142 and 6-210.1 as follows:
 
    (40 ILCS 5/6-142)   (from Ch. 108 1/2, par. 6-142)
    Sec. 6-142. Wives and widows not entitled to annuities.
    (A) Except as provided in subsection (B), the following
wives or widows have no right to annuity from the fund:
        (a) A wife or widow married subsequent to the effective
    date of a fireman who dies in service if she was not
    married to him before he attained age 63;
        (b) A wife or widow of a fireman who withdraws, whether
    or not he enters upon annuity, and dies while out of
    service, if the marriage occurred after the effective date
    and she was not his wife while he was in service and before
    he attained age 63;
        (c) A wife or widow of a fireman who (1) has served 10
    or more years, (2) dies out of service after he has
    withdrawn from service, and (3) has withdrawn or applied
    for refund of the sums to his credit for annuity to which
    he had a right to refund;
        (d) A wife or widow of a fireman who dies out of
    service after he has withdrawn before age 63, and who has
    not served at least 10 years;
        (e) A wife whose marriage was dissolved or widow of a
    fireman whose judgment of dissolution of marriage from her
    fireman husband is annulled, vacated or set aside by
    proceedings in court subsequent to the death of the
    fireman, unless (1) such proceedings are filed within 5
    years after the date of the dissolution of marriage and
    within one year after the death of the fireman and (2) the
    board is made a party to the proceedings;
        (f) A wife or widow who married the fireman while he
    was in receipt of disability benefit or disability pension
    from this fund, unless he returned to the service
    subsequent to the marriage and remained therein for a
    period or periods aggregating one year, or died while in
    service.
    (B) Beginning on January 16, 2004 the effective date of
this amendatory Act of the 93rd General Assembly, the
limitation on marriage after withdrawal under subdivision
(A)(b) and the limitation on marriage during disability under
subdivision (A)(f) no longer apply to a widow who was married
to the deceased fireman before the fireman begins to receive a
retirement annuity and for at least one year immediately
preceding the date of death, regardless of whether the deceased
fireman is in service on or after the effective date of Public
Act 93-654 or this amendatory Act of the 93rd General Assembly;
except that this subsection (B) does not apply to the widow of
a fireman who received a refund of contributions for widow's
annuity under Section 6-160, unless the refund is repaid to the
Fund, with interest at the rate of 4% per year, compounded
annually, from the date of the refund to the date of repayment.
    If the widow of a fireman who died before January 16, 2004
the effective date of this amendatory Act becomes eligible for
a widow's annuity because of Public Act 93-654 this amendatory
Act, the annuity shall begin to accrue on the date of
application for the annuity, but in no event sooner than
January 16, 2004 the effective date of this amendatory Act.
    The changes to this Section made by this amendatory Act of
the 93rd General Assembly apply without regard to whether the
deceased fireman was in service on or after its effective date.
If the widow of a fireman who died before the effective date of
this amendatory Act of the 93rd General Assembly becomes
eligible for a widow's annuity because of this amendatory Act,
the annuity shall begin to accrue on the date of application
for the annuity, but in no event sooner than January 16, 2004.
(Source: P.A. 93-654, eff. 1-16-04.)
 
    (40 ILCS 5/6-210.1)   (from Ch. 108 1/2, par. 6-210.1)
    Sec. 6-210.1. Credit for former employment with the fire
department.
    (a) Any fireman who (1) accumulated service credit in the
Article 8 fund for service as an employee of the Chicago Fire
Department and (2) has terminated that Article 8 service credit
and received a refund of contributions therefor, may establish
service credit in this Fund for all or any part of that period
of service under the Article 8 fund by making written
application to the Board by January 1, 2005 2000 and paying to
this Fund (i) employee contributions based upon the actual
salary received and the rates in effect for members of this
Fund at the time of such service, plus (ii) interest thereon
calculated as follows:
        (1) For applications received by the Board before July
    14, 1995, interest shall be calculated on the amount of
    employee contributions determined under item (i) above, at
    the rate of 4% per annum, compounded annually, from the
    date of termination of such service to the date of payment.
        (2) For applications received by the Board on or after
    July 14, 1995, interest shall be calculated on the amount
    of employee contributions determined under item (i) above,
    at the rate of 4% per annum, compounded annually, from the
    first date of the period for which credit is being
    established under this subsection (a) to the date of
    payment.
    A fireman who (1) retired on or after January 16, 2004 and
on or before the effective date of this amendatory Act of the
93rd General Assembly and (2) files an application to establish
service credit under this subsection (a) before January 1,
2005, shall have his or her pension recalculated prospectively
to include the service credit established under this subsection
(a).
    (b) A fireman who, at any time during the period 1970
through 1983, was an employee of the Chicago Fire Department
but did not participate in any pension fund subject to this
Code with respect to that employment may establish service
credit in this Fund for all or any part of that employment by
making written application to the Board by January 1, 2005 and
paying to this Fund (i) employee contributions based upon the
actual salary received and the rates in effect for members of
this Fund at the time of that employment, plus (ii) interest
thereon calculated at the rate of 4% per annum, compounded
annually, from the first date of the employment for which
credit is being established under this subsection (b) to the
date of payment.
    (c) A fireman may pay the contributions required for
service credit under this Section established on or after July
14, 1995 in the form of payroll deductions, in accordance with
such procedures and limitations as may be established by Board
rule and any applicable rules or ordinances of the employer.
    (d) Employer contributions shall be transferred as
provided in Sections 6-210.2 and 8-172.1. The employer shall
not be responsible for making any additional employer
contributions for any credit established under this Section.
(Source: P.A. 93-654, eff. 1-16-04.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.28 as follows:
 
    (30 ILCS 805/8.28 new)
    Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 93rd General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/12/2004