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91_HB0356
LRB9101359EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 6-164 and to amend the State Mandates Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 6-164 as follows:
7 (40 ILCS 5/6-164) (from Ch. 108 1/2, par. 6-164)
8 Sec. 6-164. Automatic annual increase; retirement after
9 September 1, 1959.
10 (a) A fireman qualifying for a minimum annuity who
11 retires from service after September 1, 1959 shall, upon
12 either the first of the month following the first anniversary
13 of his date of retirement if he is age 60 (age 55 if born
14 before January 1, 1945) or over on that anniversary date, or
15 upon the first of the month following his attainment of age
16 60 (age 55 if born before January 1, 1945) if that occurs
17 after the first anniversary of his retirement date, have his
18 then fixed and payable monthly annuity increased by 1 1/2%,
19 and such first fixed annuity as granted at retirement
20 increased by an additional 1 1/2% in January of each year
21 thereafter up to a maximum increase of 30%. Beginning July
22 1, 1982 for firemen born before January 1, 1930, and
23 beginning January 1, 1990 for firemen born after December 31,
24 1929 and before January 1, 1940, and beginning January 1,
25 1996 for firemen born after December 31, 1939 but before
26 January 1, 1945, and beginning January 1, 2000 for all
27 firemen qualifying under this subsection without regard to
28 date of birth, such increases shall be 3% and such firemen
29 shall not be subject to the 30% maximum increase. Beginning
30 January 1, 2000, the increases provided under this subsection
31 shall be 3% of the total amount of annuity payable at the
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1 time of the increase, including any previous increases
2 granted under this Article.
3 Any fireman born before January 1, 1945 who qualifies for
4 a minimum annuity and retires after September 1, 1967 but
5 before the effective date of this amendatory Act of the 91st
6 General Assembly and has not received the initial increase
7 under this subsection before January 1, 1996 is entitled to
8 receive the initial increase under this subsection on (1)
9 January 1, 1996, (2) the first anniversary of the date of
10 retirement, or (3) attainment of age 55, whichever occurs
11 last. The changes to this Section made by this amendatory
12 Act of 1995 apply beginning January 1, 1996 and apply without
13 regard to whether the fireman or annuitant terminated service
14 before the effective date of this amendatory Act of 1995.
15 A fireman who withdraws from service on or after the
16 effective date of this amendatory Act of the 91st General
17 Assembly with at least 20 years of service credit is entitled
18 to receive the initial increase under this subsection on the
19 first anniversary of the date of retirement, regardless of
20 age.
21 A fireman who withdrew from service before the effective
22 date of this amendatory Act of the 91st General Assembly with
23 at least 20 years of service credit and has not received the
24 initial increase under this subsection before January 1, 2000
25 is entitled to receive the initial increase under this
26 subsection on January 1, 2000 or the first anniversary of the
27 date of retirement, whichever occurs later. The changes to
28 this Section made by this amendatory Act apply without regard
29 to whether the fireman or annuitant terminated service before
30 the effective date of this amendatory Act.
31 (b) Subsection (a) of this Section is not applicable to
32 an employee receiving a term annuity.
33 (c) To help defray the cost of such increases in
34 annuity, there shall be deducted, beginning September 1,
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1 1959, from each payment of salary to a fireman, 1/8 of 1% of
2 each such salary payment and an additional 1/8 of 1%
3 beginning on September 1, 1961, and September 1, 1963,
4 respectively, concurrently with and in addition to the salary
5 deductions otherwise made for annuity purposes.
6 Each such additional 1/8 of 1% deduction from salary
7 which shall, on September 1, 1963, result in a total increase
8 of 3/8 of 1% of salary, shall be credited to the Automatic
9 Increase Reserve, to be used, together with city
10 contributions as provided in this Article, to defray the cost
11 of the 1$1/2% annuity increments herein specified. Any
12 balance in such reserve as of the beginning of each calendar
13 year shall be credited with interest at the rate of 3% per
14 annum.
15 The salary deductions provided in this Section are not
16 subject to refund, except to the fireman himself, in any case
17 in which a fireman withdraws prior to qualification for
18 minimum annuity and applies for refund, or applies for
19 annuity, and also where a term annuity becomes payable. In
20 such cases, the total of such salary deductions shall be
21 refunded to the fireman, without interest, and charged to the
22 aforementioned reserve.
23 (Source: P.A. 89-136, eff. 7-14-95.)
24 Section 90. The State Mandates Act is amended by adding
25 Section 8.23 as follows:
26 (30 ILCS 805/8.23 new)
27 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
28 and 8 of this Act, no reimbursement by the State is required
29 for the implementation of any mandate created by this
30 amendatory Act of the 91st General Assembly.
31 Section 99. Effective date. This Act takes effect upon
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1 becoming law.