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91_HB3033
LRB9107971EGfgA
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 7-142.1 and 7-156 and amending the State Mandates
3 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 7-142.1 and 7-156 as follows:
8 (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1)
9 Sec. 7-142.1. Sheriff's law enforcement employees.
10 (a) In lieu of the retirement annuity provided by
11 subparagraph 1 of paragraph (a) of Section 7-142: Any
12 sheriff's law enforcement employee who has 20 or more years
13 of service in that capacity and who terminates service prior
14 to January 1, 1988 shall be entitled at his option to receive
15 a monthly retirement annuity for his service as a sheriff's
16 law enforcement employee computed by multiplying 2% for each
17 year of such service up to 10 years, 2 1/4% for each year of
18 such service above 10 years and up to 20 years, and 2 1/2%
19 for each year of such service above 20 years, by his annual
20 final rate of earnings and dividing by 12. Any sheriff's law
21 enforcement employee who has 20 or more years of service in
22 that capacity and who terminates service on or after January
23 1, 1988 shall be entitled at his option to receive a monthly
24 retirement annuity for his service as a sheriff's law
25 enforcement employee computed by multiplying 2.5% for each
26 year of such service up to 20 years, 2% for each year of such
27 service above 20 years and up to 30 years, and 1% for each
28 year of such service above 30 years, by his annual final rate
29 of earnings and dividing by 12.
30 If a sheriff's law enforcement employee has service in
31 any other capacity, his retirement annuity for service as a
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1 sheriff's law enforcement employee may be computed under this
2 Section and the retirement annuity for his other service
3 under Section 7-142.
4 In no case shall the total monthly retirement annuity
5 exceed 75% of the monthly final rate of earnings.
6 (b) Whenever continued group insurance coverage is
7 elected in accordance with the provisions of Section 367h of
8 the Illinois Insurance Code, as now or hereafter amended, the
9 total monthly premium for such continued group insurance
10 coverage or such portion thereof as is not paid by the
11 municipality shall, upon request of the person electing such
12 continued group insurance coverage, be deducted from any
13 monthly pension benefit otherwise payable to such person
14 pursuant to this Section, to be remitted by the Fund to the
15 insurance company or other entity providing the group
16 insurance coverage.
17 (c) Notwithstanding the other provisions of this
18 Article, beginning January 1, 2001, for a person receiving a
19 retirement annuity calculated under this Section, the amount
20 of the automatic annual increases provided under Section
21 7-142(c), other than the initial increase, shall be 3% of the
22 total amount of the retirement annuity payable at the time of
23 the increase, including any previous increases received under
24 this Article.
25 (Source: P.A. 85-941.)
26 (40 ILCS 5/7-156) (from Ch. 108 1/2, par. 7-156)
27 Sec. 7-156. Surviving spouse annuities - amount.
28 (a) The amount of surviving spouse annuity shall be:
29 1. Upon the death of an employee annuitant or such
30 person entitled, upon application, to a retirement annuity at
31 date of death, (i) an amount equal to 1/2 of the retirement
32 annuity (in the case of such a person who dies on or after
33 January 1, 2001 with at least 20 years of service as a
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1 sheriff's law enforcement employee, 100% of the retirement
2 annuity) which was or would have been payable exclusive of
3 the amount so payable which was provided from additional
4 credits, and disregarding any election made under paragraph
5 (b) of Section 7-142, plus (ii) an annuity which could be
6 provided at the then attained age of the surviving spouse and
7 under actuarial tables then in effect, from the excess of the
8 additional credits, (excluding any such credits used to
9 create a reversionary annuity) used to provide the annuity
10 granted pursuant to paragraph (a) (2) of Section 7-142 of
11 this article over the total annuity payments made pursuant
12 thereto.
13 2. Upon the death of a participating employee on or
14 after attainment of age 55 (age 50 in the case of a sheriff's
15 law enforcement employee), an amount equal to 1/2 of the
16 retirement annuity (in the case of such a person who dies on
17 or after January 1, 2001 with at least 20 years of service as
18 a sheriff's law enforcement employee, 100% of the retirement
19 annuity) which he could have had as of the date of death had
20 he then retired and applied for annuity, exclusive of the
21 portion thereof which could have been provided from
22 additional credits, and disregarding paragraph (b) of Section
23 7-142, plus an amount equal to the annuity which could be
24 provided from the total of his accumulated additional credits
25 at date of death, on the basis of the attained age of the
26 surviving spouse on such date.
27 3. Upon the death of a participating employee before age
28 55 (age 50 in the case of a sheriff's law enforcement
29 employee), an amount equal to 1/2 of the retirement annuity
30 (in the case of such a person who dies on or after January 1,
31 2001 with at least 20 years of service as a sheriff's law
32 enforcement employee, 100% of the retirement annuity) which
33 he could have had as of his attained age on the date of
34 death, had he then retired and applied for annuity, and the
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1 provisions of this Article that no such annuity shall begin
2 until the employee has attained at least age 55 (age 50 in
3 the case of a sheriff's law enforcement employee) were not
4 applicable, exclusive of the portion thereof which could have
5 been provided from additional credits and disregarding
6 paragraph (b) of Section 7-142, plus an amount equal to the
7 annuity which could be provided from the total of his
8 accumulated additional credits at date of death, on the basis
9 of the attained age of the surviving spouse on such date.
10 If a surviving spouse is more than 5 years younger than
11 the deceased, that portion of the annuity which is not based
12 on additional credits shall be reduced in the ratio of the
13 value of a life annuity of $1 per year at an age of 5 years
14 less than the attained age of the deceased, at the earlier of
15 the date of the death or the date his retirement annuity
16 begins, to the value of a life annuity of $1 per year at the
17 attained age of the surviving spouse on such date, according
18 to actuarial tables approved by the Board.
19 In computing the amount of a surviving spouse annuity,
20 incremental increases of retirement annuities to the date of
21 death of the employee annuitant shall be considered.
22 (b) Each surviving spouse annuity payable on January 1,
23 1988 shall be increased on that date by 3% of the original
24 amount of the annuity. Each surviving spouse annuity that
25 begins after January 1, 1988 shall be increased on the
26 January 1 next occurring after the annuity begins, by an
27 amount equal to (i) 3% of the original amount thereof if the
28 deceased employee was receiving a retirement annuity at the
29 time of his death; otherwise (ii) 0.167% of the original
30 amount thereof for each complete month which has elapsed
31 since the date the annuity began.
32 On each January 1 after the date of the initial increase
33 under this subsection, each surviving spouse annuity shall be
34 increased by 3% of the originally granted amount of the
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1 annuity; except that beginning January 1, 2001, for a person
2 receiving a surviving spouse annuity as the survivor of a
3 person who had at least 20 years of service as a sheriff's
4 law enforcement employee, the amount of the increases after
5 the initial increase provided under this subsection shall be
6 3% of the total amount of the surviving spouse annuity
7 payable at the time of the increase, including any previous
8 increases received under this Article.
9 (Source: P.A. 85-941.)
10 Section 90. The State Mandates Act is amended by adding
11 Section 8.24 as follows:
12 (30 ILCS 805/8.24 new)
13 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6
14 and 8 of this Act, no reimbursement by the State is required
15 for the implementation of any mandate created by this
16 amendatory Act of the 91st General Assembly.
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.