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| Public Act 098-0391 | ||||
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AN ACT concerning public employee retirement benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing | ||||
Section 4-114 as follows: | ||||
(40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
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Sec. 4-114. Pension to survivors. If a firefighter who is | ||||
not receiving a
disability pension under Section 4-110 or | ||||
4-110.1 dies (1) as a result of any
illness or accident, or (2) | ||||
from any cause while in receipt of a disability
pension under | ||||
this Article, or (3) during retirement after 20 years service, | ||||
or
(4) while vested for or in receipt of a pension payable | ||||
under subsection (b)
of Section 4-109, or (5) while a deferred | ||||
pensioner, having made all required
contributions, a pension | ||||
shall be paid to his or her survivors, based on the
monthly | ||||
salary attached to the firefighter's rank on the last day of | ||||
service
in the fire department, as follows:
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(a)(1) To the surviving spouse, a monthly pension of
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40% of the monthly salary, and if there is a surviving | ||||
spouse, to the guardian of any minor child or
children | ||||
including a child which has been conceived but not yet | ||||
born, 12%
of such monthly salary for each such child until | ||||
attainment of age 18 or
until the child's marriage, | ||||
whichever occurs first. Beginning July 1,
1993, the monthly | ||
pension to the surviving spouse shall be 54% of the
monthly | ||
salary for all persons receiving a surviving spouse pension | ||
under
this Article, regardless of whether the deceased | ||
firefighter was in service
on or after the effective date | ||
of this amendatory Act of 1993.
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(2) Beginning July 1, 2004, unless the amount provided | ||
under paragraph (1) of this subsection (a) is greater, the | ||
total monthly pension payable under
this paragraph (a), | ||
including any amount payable on account of children, to the | ||
surviving spouse of a firefighter who died (i) while
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receiving a retirement pension, (ii) while he or she was a | ||
deferred pensioner with at least 20 years of creditable | ||
service, or (iii) while he or she was in active service | ||
having at least 20 years of creditable service, regardless | ||
of age, shall be no less than 100% of the monthly | ||
retirement pension earned by
the deceased firefighter at | ||
the time of death, regardless of whether death occurs | ||
before or after attainment of age 50, including any
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increases under Section 4-109.1. This minimum applies to | ||
all such surviving
spouses who are eligible to receive a | ||
surviving spouse pension, regardless of
whether the | ||
deceased firefighter was in service on or after the | ||
effective date
of this amendatory Act of the 93rd General | ||
Assembly, and notwithstanding any
limitation on maximum | ||
pension under paragraph (d) or any other provision of
this | ||
Article.
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(3) If the pension paid on and after July 1, 2004 to | ||
the surviving spouse of a firefighter who died on or after | ||
July 1, 2004 and before the effective date of this | ||
amendatory Act of the 93rd General Assembly was less than | ||
the minimum pension payable under paragraph (1) or (2) of | ||
this subsection (a), the fund shall pay a lump sum equal to | ||
the difference within 90 days after the effective date of | ||
this amendatory Act of the 93rd General Assembly.
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The pension to the surviving spouse shall terminate in | ||
the event of the
surviving spouse's remarriage prior to | ||
July 1, 1993; remarriage on or after
that date does not | ||
affect the surviving spouse's pension, regardless of
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whether the deceased firefighter was in service on or after | ||
the effective
date of this amendatory Act of 1993.
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The surviving spouse's pension shall be subject to the | ||
minimum established
in Section 4-109.2.
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(b) Upon the death of the surviving spouse leaving one | ||
or more minor
children, or upon the death of a firefighter | ||
leaving one or more minor
children but no surviving spouse, | ||
to the duly appointed guardian of each such child, for | ||
support
and maintenance of each such child until the child | ||
reaches age 18 or
marries, whichever occurs first, a | ||
monthly pension of 20% of the monthly
salary.
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In a case where the deceased firefighter left one or | ||
more minor children but no surviving spouse and the | ||
guardian of a child is receiving a pension of 12% of the | ||
monthly salary on the effective date of this amendatory | ||
Act, the pension is increased by this amendatory Act to 20% | ||
of the monthly salary for each such child, beginning on the | ||
pension payment date occurring on or next following the | ||
effective date of this amendatory Act. The changes to this | ||
Section made by this amendatory Act of the 98th General | ||
Assembly apply without regard to whether the deceased | ||
firefighter was in service
on or after the effective date | ||
of this amendatory Act. | ||
(c) If a deceased firefighter leaves no surviving | ||
spouse or unmarried
minor children under age 18, but leaves | ||
a dependent father or mother, to
each dependent parent a | ||
monthly pension of 18% of the monthly salary. To
qualify | ||
for the pension, a dependent parent must furnish | ||
satisfactory proof
that the deceased firefighter was at the | ||
time of his or her death the sole
supporter of the parent | ||
or that the parent was the deceased's dependent for
federal | ||
income tax purposes.
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(d) The total pension provided under paragraphs (a), | ||
(b) and (c) of this
Section shall not exceed 75% of the | ||
monthly salary of the deceased firefighter
(1) when paid to | ||
the survivor of a firefighter who has attained 20 or more
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years of service credit and who receives or is eligible to | ||
receive a retirement
pension under this Article, or (2) | ||
when paid to the survivor of a firefighter
who dies as a | ||
result of illness or accident, or (3) when paid to the | ||
survivor
of a firefighter who dies from any cause while in | ||
receipt of a disability
pension under this Article, or (4) | ||
when paid to the survivor of a deferred
pensioner. For all | ||
other survivors of deceased firefighters, the total | ||
pension
provided under paragraphs (a), (b) and (c) of this | ||
Section shall not exceed 50%
of the retirement annuity the | ||
firefighter would have received on the date of
death.
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The maximum pension limitations in this paragraph (d) | ||
do not control
over any contrary provision of this Article | ||
explicitly establishing a minimum
amount of pension or | ||
granting a one-time or annual increase in pension.
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(e) If a firefighter leaves no eligible survivors under | ||
paragraphs (a),
(b) and (c), the board shall refund to the | ||
firefighter's estate the amount
of his or her accumulated | ||
contributions, less the amount of pension
payments, if any, | ||
made to the firefighter while living.
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(f) (Blank).
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(g) If a judgment of dissolution of marriage between a | ||
firefighter and
spouse is judicially set aside subsequent | ||
to the firefighter's death, the
surviving spouse is | ||
eligible for the pension provided in paragraph (a) only
if | ||
the judicial proceedings are filed within 2 years after the | ||
date of the
dissolution of marriage and within one year | ||
after the firefighter's death and
the board is made a party | ||
to the proceedings. In such case the pension shall be
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payable only from the date of the court's order setting | ||
aside the judgment of
dissolution of marriage.
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(h) Benefits payable on account of a child under this | ||
Section shall
not be reduced or terminated by reason of the | ||
child's attainment of age 18
if he or she is then dependent | ||
by reason of a physical or mental disability
but shall | ||
continue to be paid as long as such dependency continues.
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Individuals over the age of 18 and adjudged as a disabled | ||
person pursuant
to Article XIa of the Probate Act of 1975, | ||
except for persons receiving
benefits under Article III of | ||
the Illinois Public Aid Code, shall be
eligible to receive | ||
benefits under this Act.
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(i) Beginning January 1, 2000, the pension of the | ||
surviving spouse of
a firefighter who dies on or after | ||
January 1, 1994 as a result of sickness,
accident, or | ||
injury incurred in or resulting from the performance of an | ||
act of
duty or from the cumulative effects of acts of duty | ||
shall not be less than 100%
of the salary attached to the | ||
rank held by the deceased firefighter on the last
day of | ||
service, notwithstanding subsection (d) or any other | ||
provision of
this Article.
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(j) Beginning July 1, 2004, the pension of the | ||
surviving spouse of
a firefighter who dies on or after | ||
January 1, 1988 as a result of sickness,
accident, or | ||
injury incurred in or resulting from the performance of an | ||
act of
duty or from the cumulative effects of acts of duty | ||
shall not be less than 100%
of the salary attached to the | ||
rank held by the deceased firefighter on the last
day of | ||
service, notwithstanding subsection (d) or any other | ||
provision of
this Article.
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Notwithstanding any other provision of this Article, if a | ||
person who first becomes a firefighter under this Article on or | ||
after January 1, 2011 and who is not receiving a
disability | ||
pension under Section 4-110 or 4-110.1 dies (1) as a result of | ||
any
illness or accident, (2) from any cause while in receipt of | ||
a disability
pension under this Article, (3) during retirement | ||
after 20 years service, (4) while vested for or in receipt of a | ||
pension payable under subsection (b)
of Section 4-109, or (5) | ||
while a deferred pensioner, having made all required
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contributions, then a pension shall be paid to his or her | ||
survivors in the amount of 66 2/3% of the firefighter's earned | ||
pension at the date of death. Nothing in this Section shall act | ||
to diminish the
survivor's benefits described in subsection (j) | ||
of this Section. | ||
Notwithstanding any other provision of this Article, the | ||
monthly
pension of a survivor of a person who first becomes a | ||
firefighter under this Article on or after January 1, 2011 | ||
shall be increased on the January 1 after attainment of age 60 | ||
by the recipient of the survivor's pension and
each January 1 | ||
thereafter by 3% or one-half the annual unadjusted percentage | ||
increase in the consumer price index-u for the
12 months ending | ||
with the September preceding each November 1, whichever is | ||
less, of the originally granted survivor's pension. If the | ||
annual unadjusted percentage change in
the consumer price | ||
index-u for a 12-month period ending in September is zero or, | ||
when compared with the preceding period, decreases, then the | ||
survivor's pension shall not
be increased. | ||
For the purposes of this Section, "consumer price index-u" | ||
means the index published by the Bureau of Labor Statistics of | ||
the United States Department of Labor that measures the average | ||
change in prices of goods and services purchased by all urban | ||
consumers, United States city average, all items, 1982-84 = | ||
100. The new amount resulting from each annual adjustment shall | ||
be determined by the Public Pension Division of the Department | ||
of Insurance and made available to the boards of the pension | ||
funds. | ||
(Source: P.A. 95-279, eff. 1-1-08; 96-1495, eff. 1-1-11.)
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Section 90. The State Mandates Act is amended by adding | ||
Section 8.37 as follows: | ||
(30 ILCS 805/8.37 new) | ||
Sec. 8.37. 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 98th General Assembly.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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