[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB1543 LRB9105754EGfg 1 AN ACT to amend the Illinois Pension Code by changing 2 Sections 13-302, 13-306, 13-308, 13-309, 13-310, and 13-311 3 and to amend the State Mandates Act. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Illinois Pension Code is amended by 7 changing Sections 13-302, 13-306, 13-308, 13-309, 13-310, and 8 13-311 as follows: 9 (40 ILCS 5/13-302) (from Ch. 108 1/2, par. 13-302) 10 Sec. 13-302. Computation of retirement annuity. 11 (a) Computation of annuity. An employee who withdraws 12 from service on or after July 1, 1989 and who has met the age 13 and service requirements and other conditions for eligibility 14 set forth in Section 13-301 of this Article is entitled to 15 receive a retirement annuity for life equal to 2.2% of 16 average final salary for each of the first 20 years of 17 service, and 2.4% of average final salary for each year of 18 service in excess of 20. The retirement annuity shall not 19 exceed 80% of average final salary. 20 (b) Early retirement discount. If an employee retires 21 prior to attainment of age 60 with less than 30 years of 22 service, the annuity computed above shall be reduced by 1/2 23 of 1% for each full month between the date the annuity begins 24 and attainment of age 60, or each full month by which the 25 employee's service is less than 30 years, whichever is less. 26 However, where the employee first enters service after the 27 effective date of this amendatory Act of 1997 and does not 28 have at least 10 years of service exclusive of credit under 29 Article 20, the annuity computed above shall be reduced by 30 1/2 of 1% for each full month between the date the annuity 31 begins and attainment of age 60. -2- LRB9105754EGfg 1 (c) Early retirement without discount. An employee who 2 has attained age 50 and retires after December 31, 1987 and 3 before June 30, 1997, and who retires within 6 months of the 4 last day for which retirement contributions were required, 5 may elect at the time of application to make a one-time 6 employee contribution to the Fund and thereby avoid the early 7 retirement reduction specified in subsection (b). The 8 exercise of the election shall also obligate the employer to 9 make a one-time nonrefundable contribution to the Fund. 10 The one-time employee and employer contributions shall be 11 a percentage of the retiring employee's last full-time annual 12 salary, calculated as the total amount paid during the last 13 260 work days immediately prior to the date of withdrawal, or 14 if not full-time then the full time equivalent, and based on 15 the employee's age and service at retirement. The employee 16 contribution rate shall be 7% multiplied by the lesser of the 17 following 2 numbers: (1) the number of years, or portion 18 thereof, that the employee is less than age 60; or (2) the 19 number of years, or portion thereof, that the employee's 20 service is less than 30 years. The employer contribution 21 shall be at the rate of 20% for each year, or portion 22 thereof, that the participant is less than age 60. 23 Upon receipt of the application, the Board shall 24 determine the corresponding employee and employer 25 contributions. The annuity shall not be payable under this 26 subsection until both the required contributions have been 27 received by the Fund. However, the date the contributions 28 are received shall not be considered in determining the 29 effective date of retirement. 30 The number of employees who may retire under this Section 31 in any year may be limited at the option of the District to a 32 specified percentage of those eligible, not lower than 30%, 33 with the right to participate to be allocated among those 34 applying on the basis of seniority in the service of the -3- LRB9105754EGfg 1 employer. 2 An employee who has terminated employment and 3 subsequently re-enters service shall not be entitled to early 4 retirement without discount under this subsection unless the 5 employee continues in service for at least 4 years after 6 re-entry. 7 (c-1) Early retirement without discount; retirement 8 after June 29, 1997. An employee who (i) has attained age 55 9 (age 50 if the employee first entered service before the 10 effective date of this amendatory Act of 1997), (ii) has at 11 least 10 years of service exclusive of credit under Article 12 20, (iii) retires after June 29, 1997 and before January 1, 13 2003, and (iv) retires within 6 months of the last day for 14 which retirement contributions were required, may elect at 15 the time of application to make a one-time employee 16 contribution to the Fund and thereby avoid the early 17 retirement reduction specified in subsection (b). The 18 exercise of the election shall also obligate the employer to 19 make a one-time nonrefundable contribution to the Fund. 20 The one-time employee and employer contributions shall be 21 a percentage of the retiring employee's highest full-time 22 annual salary, calculated as the total amount of salary 23 included in the highest 26 consecutive pay periods as used in 24 the average final salary calculation, and based on the 25 employee's age and service at retirement. The employee rate 26 shall be 7% multiplied by the lesser of the following 2 27 numbers: (1) the number of years, or portion thereof, that 28 the employee is less than age 60; or (2) the number of years, 29 or portion thereof, that the employee's service is less than 30 30 years. The employer contribution shall be at the rate of 31 20% for each year, or portion thereof, that the participant 32 is less than age 60. 33 Upon receipt of the application, the Board shall 34 determine the corresponding employee and employer -4- LRB9105754EGfg 1 contributions. The annuity shall not be payable under this 2 subsection until both the required contributions have been 3 received by the Fund. However, the date the contributions 4 are received shall not be considered in determining the 5 effective date of retirement. 6 The number of employees who may retire under this Section 7 in any year may be limited at the option of the District to a 8 specified percentage of those eligible, not lower than 30%, 9 with the right to participate to be allocated among those 10 applying on the basis of seniority in the service of the 11 employer. 12 An employee who has terminated employment and 13 subsequently re-enters service shall not be entitled to early 14 retirement without discount under this subsection unless the 15 employee continues in service for at least 4 years after 16 re-entry. 17 (d) Annual increase. Except for employees retiring and 18 receiving a term annuity, an employee who retires on or after 19 July 1, 1985 shall, upon the first payment date following the 20 first anniversary of the date of retirement, have the monthly 21 annuity increased by 3% of the amount of the monthly annuity 22 fixed at the date of retirement. The monthly annuity shall 23 be increased by an additional 3% on the same date each year 24 thereafter. Beginning January 1, 1993, all annual increases 25 payable under this subsection (or any predecessor provision, 26 regardless of the date of retirement) shall be calculated at 27 the rate of 3% of the monthly annuity payable at the time of 28 the increase, including any increases previously granted 29 under this Article. 30 Any employee who (i) retired before July 1, 1985 with at 31 least 10 years of creditable service, (ii) is receiving a 32 retirement annuity under this Article, other than a term 33 annuity, and (iii) has not received any annual increase under 34 this subsection, shall begin receiving the annual increases -5- LRB9105754EGfg 1 provided under this subsection (d) beginning on the next 2 annuity payment date following the effective date of this 3 amendatory Act of 1997. 4 (e) Minimum retirement annuity. Beginning January 1, 5 1993, the minimum monthly retirement annuity shall be $500 6 for any annuitant having at least 10 years of service under 7 this Article, other than a term annuitant or an annuitant who 8 began receiving the annuity before attaining age 60. Any 9 such annuitant who is receiving a monthly annuity of less 10 than $500 shall have the annuity increased to $500 on that 11 date. 12 Beginning January 1, 1993, the minimum monthly retirement 13 annuity shall be $250 for any annuitant (other than a term or 14 reciprocal annuitant or an annuitant under subsection (d) of 15 Section 13-301) having less than 10 years of service under 16 this Article, and for any annuitant (other than a term 17 annuitant) having at least 10 years of service under this 18 Article who began receiving the annuity before attaining age 19 60. Any such annuitant who is receiving a monthly annuity of 20 less than $250 shall have the annuity increased to $250 on 21 that date. 22 Beginning on the first day of the month following the 23 month in which this amendatory Act of the 91st General 24 Assembly takes effect (and without regard to whether the 25 annuitant was in service on or after that effective date), 26 the minimum monthly retirement annuity for any annuitant 27 having at least 10 years of service, other than an annuitant 28 whose annuity is subject to an early retirement discount, 29 shall be $500 plus $25 for each year of service in excess of 30 10, not to exceed $750 for an annuitant with 20 or more years 31 of service. In the case of a reciprocal annuity, this 32 minimum shall apply only if the annuitant has at least 10 33 years of service under this Article, and the amount of the 34 minimum annuity shall be reduced by the sum of all the -6- LRB9105754EGfg 1 reciprocal annuities payable to the annuitant by other 2 participating systems under Article 20 of this Code. 3 (Source: P.A. 90-12, eff. 6-13-97.) 4 (40 ILCS 5/13-306) (from Ch. 108 1/2, par. 13-306) 5 Sec. 13-306. Computation of surviving spouse's annuity. 6 (a) Computation of the annuity. The surviving spouse's 7 annuity shall be equal to 60% of the retirement annuity 8 earned and accrued to the credit of the deceased employee, 9 whether death occurs while in service or after withdrawal, 10 plus 1% for each year of total service of the employee to a 11 maximum of 85%; provided, however, that if the employee's 12 death arises out of and in the course of the employee's 13 service to the employer and is compensable under either the 14 Illinois Workers' Compensation Act or Illinois Workers' 15 Occupational Diseases Act, the surviving spouse's annuity is 16 payable regardless of the employee's length of service and 17 shall be not less than 50% of the employee's salary at the 18 date of death. 19 For any death in service the early retirement discount 20 required under Section 13-302(b) shall not be applied in 21 computing the retirement annuity upon which is based the 22 surviving spouse's annuity. 23 (b) Reciprocal service. For any employee or annuitant 24 who retires on or after July 1, 1985 and whose death occurs 25 after January 1, 1991, having at least 15 years of service 26 with the employer under this Article, and who was eligible at 27 the time of death or elected at the time of retirement to 28 have his or her retirement annuity calculated as provided in 29 Section 20-131 of this Code, the surviving spouse benefit 30 shall be calculated as of the date of the employee's death as 31 indicated in subsection (a) as a percentage of the employee's 32 total benefit as if all service had been with the employer. 33 That benefit shall then be reduced by the amounts payable by -7- LRB9105754EGfg 1 each of the reciprocal funds as of the date of death so that 2 the total surviving spouse benefit at that date will be equal 3 to the benefit which would have been payable had all service 4 been with the employer under this Article. 5 (c) Discount for age differential. The annuity for a 6 surviving spouse shall be discounted by 0.25% for each full 7 month that the spouse is younger than the employee as of the 8 date of withdrawal from service or death in service to a 9 maximum discount of 60% of the surviving spouse annuity as 10 calculated under subsections (a), (b), and (e) of this 11 Section. The discount shall be reduced by 10% for each full 12 year the marriage has been in continuous effect as of the 13 date of withdrawal or death in service. There shall be no 14 discount if the marriage has been in continuous effect for 10 15 full years or more at the time of withdrawal or death in 16 service. 17 (d) Annual increase. On the first day of each calendar 18 month in which there occurs an anniversary of the employee's 19 date of retirement or date of death, whichever occurred 20 first, the surviving spouse's annuity, other than a term 21 annuity under Section 13-307, shall be increased by an amount 22 equal to 3% of the amount of the annuity. Beginning January 23 1, 1993, all annual increases payable under this subsection 24 (or any predecessor provision of this Article) shall be 25 calculated at the rate of 3% of the monthly annuity payable 26 at the time of the increase, including any increases 27 previously granted under this Article. 28 Beginning January 1, 1993, surviving spouse annuitants 29 whose deceased spouse died, retired or withdrew from service 30 before August 23, 1989 with at least 10 years of service 31 under this Article shall be eligible for the annual increases 32 provided under this subsection. 33 (e) Minimum surviving spouse's annuity. 34 (1) Beginning January 1, 1993, the minimum monthly -8- LRB9105754EGfg 1 surviving spouse's annuity shall be $500 for any annuitant 2 whose deceased spouse had at least 10 years of service under 3 this Article, other than a surviving spouse who is a term 4 annuitant or whose deceased spouse began receiving a 5 retirement annuity under this Article before attainment of 6 age 60. Any such surviving spouse annuitant who is receiving 7 a monthly annuity of less than $500 shall have the annuity 8 increased to $500 on that date. 9 Beginning January 1, 1993, the minimum monthly surviving 10 spouse's annuity shall be $250 for any annuitant (other than 11 a term or reciprocal annuitant or an annuitant survivor under 12 subsection (d) of Section 13-301) whose deceased spouse had 13 less than 10 years of service under this Article, and for any 14 annuitant (other than a term annuitant) whose deceased spouse 15 had at least 10 years of service under this Article and began 16 receiving a retirement annuity under this Article before 17 attainment of age 60. Any such surviving spouse annuitant 18 who is receiving a monthly annuity of less than $250 shall 19 have the annuity increased to $250 on that date. 20 (2) Beginning on the first day of the month following 21 the month in which this amendatory Act of the 91st General 22 Assembly takes effect (and without regard to whether the 23 deceased spouse was in service on or after that effective 24 date), the minimum monthly surviving spouse's annuity for any 25 annuitant whose deceased spouse had at least 10 years of 26 service shall be the greater of the following: 27 (A) An amount equal to $500, plus $25 for each year 28 of the deceased spouse's service in excess of 10, not to 29 exceed $750 for an annuitant whose deceased spouse had 20 30 or more years of service. This subdivision (A) is not 31 applicable if the deceased spouse received a retirement 32 annuity that was subject to an early retirement discount. 33 (B) An amount equal to (i) 50% of the retirement 34 annuity earned and accrued to the credit of the deceased -9- LRB9105754EGfg 1 spouse at the time of death, plus (ii) the amount of any 2 annual increases applicable to the surviving spouse's 3 annuity (including the amount of any reversionary 4 annuity) under subsection (d) before the effective date 5 of this amendatory Act of the 91st General Assembly. In 6 any case in which a refund of excess contributions for 7 the surviving spouse annuity has been paid by the Fund 8 and the surviving spouse annuity is increased due to the 9 application of this subdivision (B), the amount of that 10 refund shall be recovered by the Fund as an offset 11 against the amount of the increase in annuity arising 12 from the application of this subdivision (B). 13 In the case of a reciprocal annuity, the minimum annuity 14 calculated under this subdivision (e)(2) shall apply only if 15 the deceased spouse of the annuitant had at least 10 years of 16 service under this Article, and the amount of the minimum 17 annuity shall be reduced by the sum of all the reciprocal 18 annuities payable to the annuitant by other participating 19 systems under Article 20 of this Code. 20 The minimum annuity calculated under this subdivision 21 (e)(2) is in addition to the amount of any reversionary 22 annuity that may be payable. 23 (3) Beginning on the first day of the month following 24 the month in which this amendatory Act of the 91st General 25 Assembly takes effect (and without regard to whether the 26 deceased spouse was in service on or after that effective 27 date), any surviving spouse who is receiving a term annuity 28 under Section 13-307 or any predecessor provision of this 29 Article may have that term annuity recalculated and converted 30 to a minimum surviving spouse annuity under this subsection 31 (e). 32 (4) The minimum annuity provided under this subsection 33 (e) shall be subject to the age discount provided under 34 subsection (c) of this Section. -10- LRB9105754EGfg 1 (Source: P.A. 90-12, eff. 6-13-97.) 2 (40 ILCS 5/13-308) (from Ch. 108 1/2, par. 13-308) 3 Sec. 13-308. Child's annuity. 4 (a) Eligibility. A child's annuity shall be provided 5 for each unmarried child under the age of 18 years whose 6 employee parent dies while in service, or whose deceased 7 parent is an annuitant or former employee with at least 10 8 years of creditable service who did not take a refund of 9 employee contributions. 10 For purposes of this Section, "employee" includes a 11 former employee, and "child" means the issue of an employee, 12 or a child adopted by an employee if the proceedings for 13 adoption were instituted at least one year prior to the 14 employee's death. 15 Payments shall cease when a child attains the age of 18 16 years or marries, whichever first occurs. The annuity shall 17 not be payable unless the employee has been employed as an 18 employee for at least 36 months from the date of the 19 employee's original entry into service (at least 24 months in 20 the case of an employee who first entered service before the 21 effective date of this amendatory Act of 1997) and at least 22 12 months from the date of the employee's latest re-entry 23 into service; provided, however, that if death arises out of 24 and in the course of service to the employer and is 25 compensable under either the Illinois Workers' Compensation 26 Act or Illinois Workers' Occupational Diseases Act, the 27 annuity is payable regardless of the employee's length of 28 service. 29 (b) Amount. A child's annuity shall be $500$250per 30 month for one child and $350 per month for each additional 31 child, up to a maximum of $2,500 per month for all children 32 of the employee, as provided in this Section, if a parent of 33 the child is living. The child's annuity shall be $1,000 per -11- LRB9105754EGfg 1 month for one child,and $500$350per month for each 2 additional child, up to a maximum of $2,500 for all children 3 of the employee, when neither parent is alive. The total 4 amount payable to all children of the employee shall be 5 divided equally among those children. Any child's annuity 6 which commenced prior to the effective date of this 7 amendatory Act of the 91st General Assembly1991shall be 8 increased upon the first day of the month following the month 9 in which thattheeffective date occurs, to the amount set 10 forth herein. 11 (c) Payment. A child's annuity shall be paid to the 12 child's parent or other person who shall be providing for the 13 child without requiring formal letters of guardianship, 14 unless another person shall be appointed by a court of law as 15 guardian. 16 (Source: P.A. 90-12, eff. 6-13-97.) 17 (40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309) 18 Sec. 13-309. Duty disability benefit. 19 (a) Any employee who becomes disabled, which disability 20 is the result of an injury or illness compensable under the 21 Illinois Workers' Compensation Act or the Illinois Workers' 22 Occupational Diseases Act, is entitled to a duty disability 23 benefit during the period of disability for which the 24 employee does not receive any part of salary, or any part of 25 a retirement annuity under this Article; except that in the 26 case of an employee who first enters service on or after the 27 effective date of this amendatory Act of 1997, a duty 28 disability benefit is not payable for the first 3 days of 29 disability that would otherwise be payable under this Section 30 if the disability does not continue for at least 11 31 additional days. This benefit shall be 75% of salary at the 32 date disability begins. However, if the disability in any 33 measure resulted from any physical defect or disease which -12- LRB9105754EGfg 1 existed at the time such injury was sustained or such illness 2 commenced, the duty disability benefit shall be 50% of 3 salary. 4 Unless the employer acknowledges that the disability is a 5 result of injury or illness compensable under the Workers' 6 Compensation Act or the Workers' Occupational Diseases Act, 7 the duty disability benefit shall not be payable until the 8 issue of compensability under those Acts is finally 9 adjudicated. The period of disability shall be as determined 10 by the Illinois Industrial Commission or acknowledged by the 11 employer. 12 The first payment shall be made not later than one month 13 after the benefit is granted, and subsequent payments shall 14 be made at least monthly. The Board shall by rule prescribe 15 for the payment of such benefits on the basis of the amount 16 of salary lost during the period of disability. 17 (b) The benefit shall be allowed only if the following 18 requirements are met by the employee: 19 (1) Application is made to the Board within 90 days 20 from the date disability begins; 21 (2) A medical report is submitted by at least one 22 licensed and practicing physician as part of the 23 employee's application; and 24 (3) The employee is examined by at least one 25 licensed and practicing physician appointed by the Board 26 and found to be in a disabled physical condition, and 27 shall be re-examined at least annually thereafter during 28 the continuance of disability. The employee need not be 29 re-examined by a licensed and practicing physician if the 30 attorney for the district certifies in writing that the 31 employee is entitled to receive compensation under the 32 Workers' Compensation Act or the Workers' Occupational 33 Diseases Act. 34 (c) The benefit shall terminate when: -13- LRB9105754EGfg 1 (1) The employee returns to work or receives a 2 retirement annuity paid wholly or in part under this 3 Article; 4 (2) The disability ceases; 5 (3) The employee attains age 65, but if the 6 employee becomes disabled at age 60 or later, benefits 7 may be extended for a period of no more than 5 years 8 after disablement; 9 (4) The employee (i) refuses to submit to 10 reasonable examinations by physicians or other health 11 professionals appointed by the Board, (ii) fails or 12 refuses to consent to and sign an authorization allowing 13 the Board to receive copies of or to examine the 14 employee's medical and hospital records, or (iii) fails 15 or refuses to provide complete information regarding any 16 other employment for compensation he or she has received 17 since becoming disabled; or 18 (5) The employee willfully and continuously refuses 19 to followacceptmedical advice and treatment to enable 20 the employee to return to work. However this provision 21 does not apply to an employee who relies in good faith on 22 treatment by prayer through spiritual means alone in 23 accordance with the tenets and practice of a recognized 24 church or religious denomination, by a duly accredited 25 practitioner thereof. 26 In the case of a duty disability recipient who returns to 27 work, the employee must make application to the Retirement 28 Board within 2 years from the date the employee last received 29 duty disability benefits in order to become again entitled to 30 duty disability benefits based on the injury for which a duty 31 disability benefit was theretofore paid. 32 (Source: P.A. 90-12, eff. 6-13-97.) 33 (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310) -14- LRB9105754EGfg 1 Sec. 13-310. Ordinary disability benefit. 2 (a) Any employee who becomes disabled as the result of 3 any cause other than injury or illness incurred in the 4 performance of duty for the employer or any other employer, 5 or while engaged in self-employment activities, shall be 6 entitled to an ordinary disability benefit. The eligible 7 period for this benefit shall be 25% of the employee's total 8 actual service prior to the date of disability with a 9 cumulative maximum period of 5 years. 10 (b) The benefit shall be allowed only if the employee 11 files an application in writing with the Board, and a medical 12 report is submitted by at least one licensed and practicing 13 physician as part of the employee's application. 14 The benefit is not payable for any disability which 15 begins during any period of unpaid leave of absence. No 16 benefit shall be allowed for any period of disability prior 17 to 30 days before application is made, unless the Board finds 18 good cause for the delay in filing the application. The 19 benefit shall not be paid during any period for which the 20 employee receives or is entitled to receive any part of 21 salary. 22 The benefit is not payable for any disability which 23 begins during any period of absence from duty other than 24 allowable vacation time in any calendar year. An employee 25 whose disability begins during any such ineligible period of 26 absence from service may not receive benefits until the 27 employee recovers from the disability and is in service for 28 at least 15 consecutive working days after such recovery. 29 In the case of an employee who first enters service on or 30 after the effective date of this amendatory Act of 1997, an 31 ordinary disability benefit is not payable for the first 3 32 days of disability that would otherwise be payable under this 33 Section if the disability does not continue for at least 11 34 additional days. -15- LRB9105754EGfg 1 (c) The benefit shall be 50% of the employee's salary at 2 the date of disability, and shall terminate when the earliest 3 of the following occurs: 4 (1) The employee returns to work or receives a 5 retirement annuity paid wholly or in part under this 6 Article; 7 (2) The disability ceases; 8 (3) The employee willfully and continuously refuses 9 to follow medical advice and treatment to enable the 10 employee to return to work. However this provision does 11 not apply to an employee who relies in good faith on 12 treatment by prayer through spiritual means alone in 13 accordance with the tenets and practice of a recognized 14 church or religious denomination, by a duly accredited 15 practitioner thereof(Blank); 16 (4) The employee (i) refuses to submit to a 17 reasonable physical examination within 30 days of 18 application by a physician appointed by the Board, (ii) 19orin the case of chronic alcoholism, the employee 20 refuses to join a rehabilitation program licensed by the 21 Department of Public Health of the State of Illinois,and 22 certified by the Joint Commission on the Accreditation of 23 Hospitals, (iii) fails or refuses to consent to and sign 24 an authorization allowing the Board to receive copies of 25 or to examine the employee's medical and hospital 26 records, or (iv) fails or refuses to provide complete 27 information regarding any other employment for 28 compensation he or she has received since becoming 29 disabled; or 30 (5) The eligible period for this benefit has been 31 exhausted. 32 The first payment of the benefit shall be made not later 33 than one month after the same has been granted, and 34 subsequent payments shall be made at intervals of not more -16- LRB9105754EGfg 1 than 30 days. 2 (Source: P.A. 90-12, eff. 6-13-97.) 3 (40 ILCS 5/13-311) (from Ch. 108 1/2, par. 13-311) 4 Sec. 13-311. Credit for Workers' Compensation payments. 5 If an employee, or an employee's spouse or children, receives 6 compensation under any workers' compensation or occupational 7 diseases law, thesurviving spouse's or child's annuity or8the disabilitybenefit payable under this Article shall be 9 reduced by the amount of the compensation so received if the 10 amount is less than the annuity or benefit. If the 11 compensation exceeds the annuity or benefit, no payment of 12 annuity or benefit shall be made until the period of time has 13 elapsed when the annuity or benefit payable at the rates 14 provided in this Article equals the amount of such 15 compensation. However, the commutation of compensation to a 16 lump sum basis as provided in the workers' compensation or 17 occupational diseases law shall not increase the annuity or 18 benefit provided under this Article; the annuity or benefit 19 to be paid hereunder shall be based on the amount of 20 compensation awarded under such laws prior to commutation of 21 such compensation. No interest shall be considered in these 22 calculations. 23 (Source: P.A. 87-794.) 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. -17- LRB9105754EGfg 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.