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91_SB1209
LRB9106114EGfg
1 AN ACT to amend the Illinois Pension Code and to amend
2 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 Sections 6-128, 6-141.1, 6-142, 6-150, 6-151,
7 6-151.1, 6-152, 6-154, 6-158, 6-162, 6-164, 6-178, and 6-209
8 and adding Sections 1-120, 1-121, and 6-163.1 as follows:
9 (40 ILCS 5/1-120 new)
10 Sec. 1-120. Annual statement to members. Every pension
11 fund or retirement system organized under any of Articles 2
12 through 18 of this Code shall provide to every member who is
13 not yet receiving a retirement annuity an annual statement of
14 the member's benefits and contributions. The annual
15 statement shall also include a statement explaining the total
16 amount of unfunded liabilities of the pension fund or
17 retirement system and its current funding ratio, based on the
18 most recent financial audit and examination of the pension
19 fund or retirement system.
20 (40 ILCS 5/1-121 new)
21 Sec. 1-121. Claim denial procedures.
22 (a) This Section applies to every pension fund or
23 retirement system organized under any of Articles 2 through
24 18 of this Code. This Section does not prohibit the board of
25 trustees of any pension fund or retirement system from
26 adopting its own procedures for handling and reviewing
27 claims; any such procedures must, however, comply with the
28 requirements of this Section.
29 (b) A person whose application for a benefit is denied
30 shall be given a detailed written explanation of the reasons
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1 for that denial. The explanation shall include: (1) the
2 specific reason for the denial; (2) specific citation to the
3 provisions of this Code, the rules adopted under this Code,
4 or the written procedures of the board upon which the denial
5 is based; (3) a description of any additional action or
6 information needed for the person to perfect his or her claim
7 for the benefit and an explanation of why that action or
8 information is needed; (4) an explanation of the means by
9 which the person may seek review of the denial, including the
10 right to a hearing under this Section and the right to seek
11 administrative or judicial review; and (5) an explanation of
12 the time limits for seeking review of the denial and an
13 explanation of the consequences of failing to seek review
14 within those time limits.
15 (c) A person whose application for a benefit was denied
16 before the effective date of this Section and who has not
17 received a written explanation of the denial substantially
18 similar to the explanation provided for in subsection (b) may
19 request an explanation from the board of trustees within 90
20 days after the effective date of this Section. The requested
21 explanation shall be provided by the board within 60 days
22 after the request is received. Requesting an explanation of
23 a denial of benefits under this subsection (c) does not
24 operate to extend any applicable deadlines for requesting
25 review of the original denial.
26 (d) A person whose application for a benefit is denied
27 is entitled, upon a request made within 60 days after that
28 denial (or such longer period as may be established by the
29 board), to a hearing before the board of trustees. The
30 hearing shall be granted promptly and without unreasonable
31 delay after the request is made. At the hearing, the person
32 may be represented by counsel and is entitled to present
33 relevant evidence and the testimony of witnesses. The board
34 of trustees shall issue its findings and determination in
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1 writing, promptly and without unreasonable delay after the
2 hearing. If the board upholds the denial of the benefit, its
3 written determination shall include all of the explanations
4 required under subsection (b).
5 A person whose application for a benefit was refused
6 before the effective date of this Section and who has not
7 been granted a hearing on the matter by the board of trustees
8 may, within 90 days after the effective date of this Section,
9 request a hearing on the denial of the benefit from the board
10 of trustees.
11 The decision of the board after a hearing under this
12 subsection shall be subject to judicial review as a final
13 administrative decision in accordance with the Administrative
14 Review Law.
15 (40 ILCS 5/6-128) (from Ch. 108 1/2, par. 6-128)
16 Sec. 6-128. Alternative retirement annuity.
17 (a) A future entrant who withdraws on or after July 21,
18 1959, after completing at least 23 years of service, and for
19 whom the annuity otherwise provided in this Article is less
20 than that stated in this Section, has a right to receive
21 annuity as follows:
22 If he is age 53 or more on withdrawal, his annuity after
23 withdrawal, shall be equal to 50% of his average salary
24 determined by striking an average of 4 consecutive highest
25 years of salary within the last 10 years of service
26 immediately preceding the date of withdrawal.
27 An employee who reaches compulsory retirement age and who
28 has less than 23 years of service shall be entitled to a
29 minimum annuity equal to an amount determined by the product
30 of (1) his years of service and (2) 2% of his average salary
31 for the 4 consecutive highest years of salary within the last
32 10 years of service immediately prior to his reaching
33 compulsory retirement age.
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1 An employee who remains in service after qualifying for
2 annuity under this section shall have added to this annuity
3 an additional 1% of salary for each completed year of service
4 or fraction thereof rendered until July 21, 1959, and an
5 additional 1% for a total of 2% of salary from July 21, 1959.
6 Each future entrant who has completed 23 years of service
7 before reaching age 53 shall have added to this annuity 1% of
8 salary for each completed year of service or fraction thereof
9 in excess of 23 years up to age 53. "Salary" as referred to
10 in this paragraph shall be determined by striking an average
11 of the 4 consecutive highest years of salary within the last
12 10 years of service immediately preceding withdrawal.
13 (b) In lieu of the annuity provided in the foregoing
14 provisions of this Section any future entrant who withdraws
15 from the service either (i) after December 31, 1983 with at
16 least 22 years of service credit and having attained age 52
17 in the service, or (ii) after December 31, 1984 with at least
18 21 years of service credit and having attained age 51 in the
19 service, or (iii) after December 31, 1985 with at least 20
20 years of service credit and having attained age 50 in the
21 service, or (iv) after December 31, 1990 with at least 20
22 years of service regardless of age, may elect to receive an
23 annuity, to begin not earlier than upon attainment of age 50
24 if under that age at withdrawal, computed as follows: an
25 annuity equal to 50% of the average salary for the 4 highest
26 consecutive years of the last 10 years of service, plus
27 additional annuity equal to 2% of such average salary for
28 each completed year of service or fraction thereof rendered
29 after his completion of the minimum number of years of
30 service required for him to be eligible under this subsection
31 (b). However, the annuity provided under this subsection (b)
32 may not exceed 75% of such average salary.
33 (c) In lieu of any other retirement annuity provided
34 under this Article, a future entrant who withdraws from
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1 service after December 31, 1999 with at least 10 but less
2 than 20 years of service credit may elect to receive an
3 annuity, to begin not earlier than upon attainment of age 63
4 if under that age at withdrawal, equal to 2.5% of the average
5 annual salary for the 4 highest consecutive years of the last
6 10 years of service, for each completed year of service.
7 (Source: P.A. 86-1488.)
8 (40 ILCS 5/6-141.1) (from Ch. 108 1/2, par. 6-141.1)
9 Sec. 6-141.1. Alternative widow's annuity.
10 (a) Notwithstanding the other provisions of this
11 Article, the widow of a fireman who dies on or after June 30,
12 1984, while receiving a retirement annuity or while an active
13 fireman with at least 1 1/2 years of creditable service, may
14 elect to have the amount of widow's annuity calculated in
15 accordance with this Section.
16 (b) If the deceased fireman was an active fireman at the
17 time of his death and had at least 1 1/2 years of creditable
18 service, the widow's annuity shall be the greater of (1) 30%
19 of the salary attached to the rank of first class firefighter
20 in the classified career service at the time of the fireman's
21 death, or (2) 50% of the retirement annuity the deceased
22 fireman would have been eligible to receive if he had retired
23 from service on the day before his death or, if the fireman
24 dies on or after January 1, 2000 without having attained age
25 50, on the day the fireman would have attained age 50.
26 (c) If the deceased fireman was receiving a retirement
27 annuity at the time of his death, the widow's annuity shall
28 be equal to 50% of the amount of such retirement annuity at
29 the time of the fireman's death.
30 (Source: P.A. 84-11.)
31 (40 ILCS 5/6-142) (from Ch. 108 1/2, par. 6-142)
32 Sec. 6-142. Wives and widows not entitled to annuities.
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1 The following wives or widows have no right to annuity from
2 the fund:
3 (a) A wife or widow married subsequent to the effective
4 date of a fireman who dies in service if she was not married
5 to him before he attained age 63;
6 (b) A wife or widow of a fireman who withdraws, whether
7 or not he enters upon annuity, and dies while out of service,
8 if the marriage occurred after the effective date and she was
9 not his wife while he was in service and before he attained
10 age 63;
11 (c) A wife or widow of a fireman who (1) has served 10
12 or more years, (2) dies out of service after he has withdrawn
13 from service, and (3) has withdrawn or applied for refund of
14 the sums to his credit for annuity to which he had a right to
15 refund;
16 (d) A wife or widow of a fireman who dies out of service
17 after he has withdrawn before age 63, and who has not served
18 at least 10 years;
19 (e) A wife whose marriage was dissolved or widow of a
20 fireman whose judgment of dissolution of marriage from her
21 fireman husband is annulled, vacated or set aside by
22 proceedings in court subsequent to the death of the fireman,
23 unless (1) such proceedings are filed within 5 years after
24 the date of the dissolution of marriage and within one year
25 after the death of the fireman and (2) the board is made a
26 party to the proceedings;
27 (f) A wife or widow who married the fireman while he was
28 in receipt of disability benefit or disability pension from
29 this fund, unless he returned to the service subsequent to
30 the marriage and remained therein for a period or periods
31 aggregating one year, or died while in service.
32 (Source: P.A. 81-230.)
33 (40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150)
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1 Sec. 6-150. Death benefits.
2 (a) Effective January 1, 1962, an ordinary death benefit
3 shall be payable on account of any fireman in service and in
4 receipt of salary on or after such date, which benefit shall
5 be in addition to all other annuities and benefits herein
6 provided. This benefit shall be payable upon death of a
7 fireman:
8 (1) occurring in active service while in receipt of
9 salary;
10 (2) on an authorized and approved leave of absence,
11 without salary, beginning on or after January 1, 1962, if the
12 death occurs within 60 days from the date the fireman was in
13 receipt of salary;
14 (3) receiving duty, occupational disease, or ordinary
15 disability benefit;
16 (4) occurring within 60 days from the date of
17 termination of duty disability, occupational disease
18 disability or ordinary disability benefit payments if
19 re-entry into service had not occurred;
20 (5) occurring on retirement and while in receipt of an
21 age and service, prior service annuity or minimum annuity;
22 provided (a) retirement on such annuity occurred on or after
23 January 1, 1962, and (b) such separation from service was
24 effective on or after the fireman's attainment of age 50, and
25 (c) application for such annuity was made within 60 days
26 after separation from service.
27 (b) The ordinary death benefit shall be payable to such
28 beneficiary or beneficiaries as the fireman has nominated by
29 written direction duly signed and acknowledged before an
30 officer authorized to take acknowledgments, and filed with
31 the board. If no such written direction has been filed or if
32 the designated beneficiaries do not survive the fireman,
33 payment of the benefit shall be made to his estate.
34 (c) Beginning July 1, 1983, if death occurs prior to
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1 retirement on annuity and before the fireman's attainment of
2 age 50, the amount of the benefit payable shall be $12,000.
3 Beginning July 1, 1983, if death occurs prior to retirement
4 and before January 1, 2000, at age 50 or over, the benefit of
5 $12,000 shall be reduced $400 for each year (commencing on
6 the fireman's attainment of age 50 and thereafter on each
7 succeeding birth date) that the fireman's age, at date of
8 death, is more than age 49, but in no event below the amount
9 of $6,000. If death occurs prior to retirement and on or
10 after January 1, 2000, at age 50 or over, the benefit of
11 $12,000 shall not be reduced due to age.
12 (d) Beginning July 1, 1983, if the fireman's death
13 occurs while he is in receipt of an annuity, the benefit
14 shall be $6,000.
15 (Source: P.A. 83-152.)
16 (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
17 Sec. 6-151. Duty disability. An active fireman who is or
18 becomes disabled on or after the effective date as the result
19 of a specific injury, or of cumulative injuries, or of
20 specific sickness incurred in or resulting from an act or
21 acts of duty, shall have the right to receive duty disability
22 benefit during any period of such disability for which he
23 does not receive or have a right to receive salary, equal to
24 75% of his salary at the time the disability is allowed.
25 However, beginning January 1, 1994, no duty disability
26 benefit that has been payable under this Section for at least
27 10 years shall be less than 50% of the current salary
28 attached from time to time to the rank and grade held by the
29 fireman at the time of his removal from the Department
30 payroll, regardless of whether that removal occurred before
31 the effective date of this amendatory Act of 1993.
32 Whenever an active fireman is or becomes so injured or
33 sick, as to require medical or hospital attention, the chief
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1 officer of the fire department of the city shall file, or
2 cause to be filed, with the board a report of the nature and
3 cause of his disability, together with the certificate or
4 report of the physician attending or treating, or who
5 attended or treated the fireman, and a copy of any hospital
6 record concerning the disability. Any injury or sickness not
7 reported to the board in time to permit the board's physician
8 to examine the fireman before his recovery, and any injury or
9 sickness for which a physician's report or copy of the
10 hospital record is not on file with the board shall not be
11 considered for the payment of duty disability benefit.
12 Such fireman shall also receive a child's disability
13 benefit of $30 per month on account of each unmarried child,
14 the issue of the fireman or legally adopted by him prior to
15 the date of disability, who is less than 18 years of age or
16 handicapped and dependent upon the fireman for support. The
17 total amount of child's disability benefit shall not exceed
18 25% of his salary at the time the disability is allowed.
19 The first payment of duty disability or child's
20 disability benefit shall be made not later than one month
21 after the benefit is granted. Each subsequent payment shall
22 be made not later than one month after the date of the latest
23 payment.
24 Duty disability benefit shall be payable during the
25 period of the disability until the fireman reaches the age of
26 70 1/2 compulsory retirement. Child's disability benefit
27 shall be paid to such a fireman during the period of
28 disability until such child or children attain age 18 or
29 marries, whichever event occurs first; except that attainment
30 of age 18 by a child who is so physically or mentally
31 handicapped as to be dependent upon the fireman for support,
32 shall not render the child ineligible for child's disability
33 benefit. The fireman shall thereafter receive such annuity
34 or annuities as are provided for him in accordance with other
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1 provisions of this Article.
2 (Source: P.A. 88-528.)
3 (40 ILCS 5/6-151.1) (from Ch. 108 1/2, par. 6-151.1)
4 Sec. 6-151.1. The General Assembly finds and declares
5 that service in the Fire Department requires that firemen, in
6 times of stress and danger must perform unusual tasks; that
7 by reason of their occupation, firemen are subject to
8 exposure to great heat and to extreme cold in certain seasons
9 while in performance of their duties; that by reason of their
10 employment firemen are required to work in the midst of and
11 are subject to heavy smoke fumes, and carcinogenic,
12 poisonous, toxic or chemical gases from fires. The General
13 Assembly further finds and declares that all the
14 aforementioned conditions exist and arise out of or in the
15 course of such employment.
16 Any active fireman who has completed ten or more years of
17 service and is unable to perform his duties in the Fire
18 Department by reason of heart disease, tuberculosis or any
19 disease of the lungs or respiratory tract, resulting solely
20 from his service as a fireman, shall be entitled to receive
21 an occupational disease disability benefit during any period
22 of such disability for which he does not have a right to
23 receive salary.
24 Any active fireman who has completed ten or more years of
25 service and is unable to perform his duties in the fire
26 department by reason of a disabling cancer, which develops or
27 manifests itself during a period while the fireman is in the
28 service of the department, shall be entitled to receive an
29 occupational disease disability benefit during any period of
30 such disability for which he does not have a right to receive
31 salary. In order to receive this occupational disease
32 disability benefit, the type of cancer involved must be a
33 type which may be caused by exposure to heat, radiation or a
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1 known carcinogen as defined by the International Agency for
2 Research on Cancer.
3 Any fireman who shall enter the service after the
4 effective date of this amendatory Act shall be examined by
5 one or more practicing physicians appointed by the Board, and
6 if said examination discloses impairment of the heart, lungs
7 or respiratory tract, or the existence of any cancer, such
8 fireman shall not be entitled to receive occupational disease
9 disability benefit unless and until a subsequent examination
10 reveals no such impairment or cancer.
11 The occupational disease disability benefit shall be 75%
12 65% of the fireman's salary at the time of his removal from
13 the Department payroll. However, beginning January 1, 1994,
14 no occupational disease disability benefit that has been
15 payable under this Section for at least 10 years shall be
16 less than 50% of the current salary attached from time to
17 time to the rank and grade held by the fireman at the time of
18 his removal from the Department payroll, regardless of
19 whether that removal occurred before the effective date of
20 this amendatory Act of 1993.
21 Such fireman also shall have a right to receive child's
22 disability benefit of $30 per month on account of each
23 unmarried child who is less than 18 years of age or
24 handicapped, dependent upon the fireman for support, and
25 either the issue of the fireman or legally adopted by him.
26 The total amount of child's disability benefit payable to the
27 fireman, when added to his occupational disease disability
28 benefit, shall not exceed 25% 75% of the amount of salary
29 which he was receiving at the time of the grant of
30 occupational disease disability benefit.
31 The first payment of occupational disease disability
32 benefit or child's disability benefit shall be made not later
33 than one month after the benefit is granted. Each subsequent
34 payment shall be made not later than one month after the date
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1 of the latest payment.
2 Occupational disease disability benefit shall be payable
3 during the period of the disability until the fireman reaches
4 the age of 70 1/2 compulsory retirement. Child's disability
5 benefit shall be paid to such a fireman during the period of
6 disability until such child or children attain age 18 or
7 marry, whichever event occurs first; except that attainment
8 of age 18 by a child who is so physically or mentally
9 handicapped as to be dependent upon the fireman for support,
10 shall not render the child ineligible for child's disability
11 benefit. The fireman thereafter shall receive such annuity
12 or annuities as are provided for him in accordance with other
13 provisions of this Article.
14 (Source: P.A. 88-528.)
15 (40 ILCS 5/6-152) (from Ch. 108 1/2, par. 6-152)
16 Sec. 6-152. Ordinary disability benefits. Any fireman
17 who is not eligible for minimum annuity, who becomes disabled
18 after the effective date as the result of any cause other
19 than the performance of an act or acts of duty, shall have a
20 right to receive ordinary disability benefit during any
21 period or periods of such disability, after the first 30 days
22 of disability. Payment of such benefits shall not exceed, in
23 the aggregate, throughout the entire service of the fireman,
24 a period equal to 1/2 of the total service rendered by him
25 prior to the time he became disabled, but not to exceed 5
26 years. In computing such period of service, the time that
27 the fireman received ordinary disability benefit shall not be
28 included.
29 The first payment of the benefit shall be made not later
30 than one month after the benefit is granted and each
31 subsequent payment shall be made not later than one month
32 after the time when the latest payment was made.
33 When a disabled fireman reaches age 70 1/2 becomes
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1 eligible for minimum annuity, the disability benefit shall
2 cease and he shall thereafter receive such annuity or
3 annuities as are provided for him in accordance with other
4 provisions of this Article.
5 Ordinary disability benefit shall be 50% of the fireman's
6 salary at the time the disability occurs, but not less than
7 the amount of retirement annuity that the fireman would be
8 entitled to if he retired on the date the disability benefit
9 begins. Before any payment is made, a sum ordinarily
10 deducted from the fireman's salary for annuity purposes
11 during a period of time equal to that for which such payment
12 of ordinary disability benefit is to be made shall be
13 deducted from such payment and credited to him as a deduction
14 from his salary for such period. The sums so credited shall
15 be regarded, for annuity and refund purposes, as sums
16 contributed by the fireman.
17 (Source: P.A. 84-11.)
18 (40 ILCS 5/6-154) (from Ch. 108 1/2, par. 6-154)
19 Sec. 6-154. Administration of disability benefits. If a
20 fireman who is granted any type of disability benefit under
21 this Article refuses to submit to examination by any
22 physician appointed by the board, he shall have no further
23 right to receive the benefit.
24 A fireman who has withdrawn while disabled and entered
25 upon annuity, and who re-enters the service on or after the
26 date of withdrawal, and who has not served at least one year
27 subsequent to the date of such re-entry, shall not receive
28 ordinary disability benefit in excess of the amount he has
29 previously received as pension on account of disability, or
30 as annuity, for an equal period of disability. This provision
31 shall apply throughout the duration of any disability
32 incurred by the fireman within one year after his
33 reinstatement resulting from any cause other than the
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1 performance of an act or acts of duty.
2 No disability benefit shall be paid on account of any
3 form of disability for any period of time for which a
4 disabled fireman has a right to receive any part of his
5 salary, under any law or ordinance in effect in the city.
6 If a disabled fireman receives compensation from the city
7 for such disability under the Workers' Compensation Act or
8 Occupational Diseases Act, the disability benefit provided
9 herein shall be reduced by any amount so received, if such
10 amount is less than the amount of the benefit; and if the
11 amount received as compensation exceeds the amount of the
12 disability benefit, the fireman shall not receive such
13 disability benefit until the benefit payable, accumulated at
14 the rate herein stated, equals the amount of such
15 compensation without consideration of interest.
16 If the widow, child or children, or parent or parents (or
17 any of these persons) of any fireman whose death results from
18 an act or acts of duty receives any compensation from the
19 city under the Workers' Compensation Act or Occupational
20 Diseases Act, the annuities herein provided for such
21 beneficiaries shall be reduced by any amounts so received, if
22 such amounts are less than the amount of the annuity or
23 annuities. If the amount or amounts received as compensation
24 exceed the amount or amounts of the annuity or annuities for
25 the widow, child or children, or parent or parents, the
26 annuities shall not be payable until the accumulated value of
27 the annuity or annuities at the rate herein stated equals the
28 amount of such compensation without consideration of
29 interest. In making such adjustment, the annuity to the widow
30 shall first be reduced.
31 Disability pension or disability benefit shall not be
32 paid to any fireman while he resides outside the State of
33 Illinois, unless such residence is by permission of the
34 board.
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1 (Source: P.A. 81-992.)
2 (40 ILCS 5/6-158) (from Ch. 108 1/2, par. 6-158)
3 Sec. 6-158. Refund - General.
4 (a) A fireman who withdraws before age 50 and a fireman
5 with less than 10 years of service who withdraws before age
6 57, or any fireman who withdraws and enters the service of
7 another department of the city, has a right to a refund of
8 the entire amount to his credit as of date of withdrawal for
9 age and service annuity and widow's annuity from deductions
10 from salary, plus interest thereon at the rate of 5% per
11 year, compounded annually.
12 (b) Any such fireman shall be entitled to refund until
13 he re-enters service or until his annuity is fixed.
14 (c) A fireman who receives a refund forfeits all rights
15 to any annuity or benefit from the fund, for himself and for
16 any other person who might benefit through him because of his
17 service, provided he shall retain the right to credit for any
18 such service, for the purpose of computing his total service
19 if he re-enters service before age 57, becomes a beneficiary
20 of the fund and makes repayment of the refund with interest.
21 (d) A fireman completing 10 years of service who does
22 not receive a refund, may receive an annuity as provided in
23 this Article.
24 (e) A fireman completing less than 10 years who does not
25 receive a refund has a right to have all amounts to his
26 credit for annuity purposes on the date of withdrawal
27 improved by interest while he is out of service until age 57
28 only, for his benefit and the benefit of any person who may
29 have any right to annuity through him, if he subsequently
30 reenters service and attains a right to annuity.
31 (Source: Laws 1965, p. 2464.)
32 (40 ILCS 5/6-162) (from Ch. 108 1/2, par. 6-162)
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1 Sec. 6-162. Refund - Widows and children. If the amount
2 accumulated in the account of a deceased unmarried fireman
3 from salary deductions for annuity purposes after the
4 effective date, including interest, has not been paid to him
5 or his parent or parents, and in the case of a deceased
6 married fireman to him and his widow, in form of annuity or
7 benefit before the death of the last survivor of such
8 persons, the remaining amount, if any, including without
9 interest at the rate of 5% per year, compounded annually,
10 shall be paid in the following order of precedence: (a) to
11 the administrator or executor of the fireman's estate; (b)
12 for burial expenses of the fireman; and (c) to his heirs
13 according to the law pertaining to administration of estates;
14 provided, if any of his children less than age 18 survive,
15 such amount as is necessary to pay children's annuities shall
16 not be refunded, but shall be transferred to the Child's
17 Annuity Reserve, and used for the payment of annuities to
18 children.
19 (Source: P.A. 81-1536.)
20 (40 ILCS 5/6-163.1 new)
21 Sec. 6-163.1. Annual increase in widow's, child's, and
22 parent's annuity. Each widow's annuity, child's annuity, and
23 parent's annuity payable under this Article shall be
24 increased by an amount equal to 3% of the original annuity on
25 January 1, 2000 or the January 1 next following the first
26 anniversary of the day on which the annuity began, whichever
27 is later, and on every January 1 thereafter for so long as
28 the annuity remains payable. This increase is payable
29 without regard to whether the deceased fireman was in service
30 on or after the effective date of this amendatory Act of the
31 91st General Assembly.
32 (40 ILCS 5/6-164) (from Ch. 108 1/2, par. 6-164)
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1 Sec. 6-164. Automatic annual increase; retirement after
2 September 1, 1959.
3 (a) A fireman qualifying for a minimum annuity who
4 retires from service after September 1, 1959 shall, upon
5 either the first of the month following the first anniversary
6 of his date of retirement if he is age 60 (age 55 if born
7 before January 1, 1945) or over on that anniversary date, or
8 upon the first of the month following his attainment of age
9 60 (age 55 if born before January 1, 1945) if that occurs
10 after the first anniversary of his retirement date, have his
11 then fixed and payable monthly annuity increased by 1 1/2%,
12 and such first fixed annuity as granted at retirement
13 increased by an additional 1 1/2% in January of each year
14 thereafter up to a maximum increase of 30%. Beginning July
15 1, 1982 for firemen born before January 1, 1930, and
16 beginning January 1, 1990 for firemen born after December 31,
17 1929 and before January 1, 1940, and beginning January 1,
18 1996 for firemen born after December 31, 1939 but before
19 January 1, 2000 1945, such increases shall be 3% and such
20 firemen shall not be subject to the 30% maximum increase.
21 Any fireman born before January 1, 1945 who qualifies for
22 a minimum annuity and retires after September 1, 1967 but has
23 not received the initial increase under this subsection
24 before January 1, 1996 is entitled to receive the initial
25 increase under this subsection on (1) January 1, 1996, (2)
26 the first anniversary of the date of retirement, or (3)
27 attainment of age 55, whichever occurs last. The changes to
28 this Section made by this amendatory Act of 1995 apply
29 beginning January 1, 1996 and apply without regard to whether
30 the fireman or annuitant terminated service before the
31 effective date of this amendatory Act of 1995.
32 (b) Subsection (a) of this Section is not applicable to
33 an employee receiving a term annuity.
34 (c) To help defray the cost of such increases in
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1 annuity, there shall be deducted, beginning September 1,
2 1959, from each payment of salary to a fireman, 1/8 of 1% of
3 each such salary payment and an additional 1/8 of 1%
4 beginning on September 1, 1961, and September 1, 1963,
5 respectively, concurrently with and in addition to the salary
6 deductions otherwise made for annuity purposes.
7 Each such additional 1/8 of 1% deduction from salary
8 which shall, on September 1, 1963, result in a total increase
9 of 3/8 of 1% of salary, shall be credited to the Automatic
10 Increase Reserve, to be used, together with city
11 contributions as provided in this Article, to defray the cost
12 of the 1 1/2% annuity increments herein specified. Any
13 balance in such reserve as of the beginning of each calendar
14 year shall be credited with interest at the rate of 3% per
15 annum.
16 The salary deductions provided in this Section are not
17 subject to refund, except to the fireman himself, in any case
18 in which a fireman withdraws prior to qualification for
19 minimum annuity and applies for refund, or applies for
20 annuity, and also where a term annuity becomes payable. In
21 such cases, the total of such salary deductions shall be
22 refunded to the fireman, without interest, and charged to the
23 aforementioned reserve.
24 (Source: P.A. 89-136, eff. 7-14-95.)
25 (40 ILCS 5/6-178) (from Ch. 108 1/2, par. 6-178)
26 Sec. 6-178. Board meetings. The board shall hold regular
27 meetings in each month and such other meetings as it deems
28 necessary. A majority of the members shall constitute a
29 quorum for the transaction of business at any meeting;
30 provided, that no pension, annuity, or benefit shall be
31 allowed or granted and no money shall be paid out of the fund
32 unless ordered by the affirmative vote of a majority of the
33 total membership of the board as shown by roll call entered
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1 upon the official record of proceedings of the meeting at
2 which such action is taken. All board meetings shall be open
3 to the public.
4 (Source: P.A. 86-273.)
5 (40 ILCS 5/6-209) (from Ch. 108 1/2, par. 6-209)
6 Sec. 6-209. Computation of service. In computing the
7 service rendered by a fireman prior to the effective date,
8 the following periods shall be counted, in addition to all
9 periods during which he performed the duties of his position,
10 as periods of service for annuity purposes only: All periods
11 of (a) vacation, (b) leave of absence with whole or part pay,
12 (c) leave of absence without pay which were necessary on
13 account of disability, and (d) leave of absence during which
14 he was engaged in the military or naval service of the United
15 States of America. Service credit shall not be allowed for
16 any period during which a fireman was in receipt of pension
17 on account of disability from any pension fund superseded by
18 this fund.
19 In computing the service rendered by a fireman on and
20 after the effective date, the following periods shall be
21 counted in addition to all periods during which he performed
22 the duties of his position, as periods of service for annuity
23 purposes only: All periods of (a) vacation, (b) leave of
24 absence with whole or part pay, (c) leave of absence during
25 which he was engaged in the military or naval service of the
26 United States of America, (d) disability for which he
27 receives any disability benefit, (e) disability for which he
28 receives whole or part pay, (f) leave of absence, or other
29 authorized relief from active duty, during which he served as
30 president of The Firemen's Association of Chicago, (g)
31 periods of suspension from duty not to exceed a total of one
32 year during the total period of service of the fireman, and
33 (h) a period of time not to exceed 23 days in 1980 in
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1 accordance with an agreement with the City on a settlement of
2 strike; provided that the fireman elects to make
3 contributions to the Fund for the various annuity and benefit
4 purposes according to the provisions of this Article as
5 though he were an active fireman, based upon the salary
6 attached to the civil service rank held by him during such
7 absence from duty, and if the fireman so elects, the city
8 shall make the prescribed concurrent contributions for such
9 annuity and benefit purposes as provided in this Article, all
10 to the end that such fireman shall be entitled to receive the
11 same annuities and benefits for which he would otherwise be
12 eligible if he had continued as an active fireman during the
13 periods of absence from duty.
14 In computing service on and after the effective date for
15 ordinary disability benefit, all periods described in the
16 preceding paragraph, except any period for which a fireman
17 receives ordinary disability benefit, shall be counted as
18 periods of service.
19 In computing service for any of the purposes of this
20 Article, credit shall be given for any periods prior to
21 January 9, 1997, during which an active fireman (or fire
22 paramedic) who is a member of the General Assembly is on
23 leave of absence or is otherwise authorized to be absent from
24 duty to enable him to perform his legislative duties,
25 notwithstanding any reduction in salary for such periods and
26 notwithstanding that the contributions paid by the fireman
27 were based on such reduced salary rather than the full amount
28 of salary attached to his civil service rank.
29 In computing service for any of the purposes of this
30 Article, no credit shall be given for any period during which
31 a fireman was not rendering active service because of his
32 discharge from the service, unless proceedings to test the
33 legality of the discharge are filed in a court of competent
34 jurisdiction within one year from the date of discharge and a
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1 final judgment is entered therein declaring the discharge
2 illegal.
3 No overtime or extra service shall be included in
4 computing service of a fireman and not more than one year or
5 a proper fractional part thereof of service shall be allowed
6 for service rendered during any calendar year.
7 (Source: P.A. 86-273; 86-1488; 87-1265.)
8 (40 ILCS 5/6-125 rep.)
9 (40 ILCS 5/6-126 rep.)
10 (40 ILCS 5/6-127 rep.)
11 (40 ILCS 5/6-160 rep.)
12 Section 10. The Illinois Pension Code is amended by
13 repealing Sections 6-125, 6-126, 6-127, and 6-160.
14 Section 90. The State Mandates Act is amended by adding
15 Section 8.23 as follows:
16 (30 ILCS 805/8.23 new)
17 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
18 and 8 of this Act, no reimbursement by the State is required
19 for the implementation of any mandate created by this
20 amendatory Act of the 91st General Assembly.
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 40 ILCS 5/1-120 new
4 40 ILCS 5/1-121 new
5 40 ILCS 5/6-128 from Ch. 108 1/2, par. 6-128
6 40 ILCS 5/6-141.1 from Ch. 108 1/2, par. 6-141.1
7 40 ILCS 5/6-142 from Ch. 108 1/2, par. 6-142
8 40 ILCS 5/6-150 from Ch. 108 1/2, par. 6-150
9 40 ILCS 5/6-151 from Ch. 108 1/2, par. 6-151
10 40 ILCS 5/6-151.1 from Ch. 108 1/2, par. 6-151.1
11 40 ILCS 5/6-152 from Ch. 108 1/2, par. 6-152
12 40 ILCS 5/6-154 from Ch. 108 1/2, par. 6-154
13 40 ILCS 5/6-158 from Ch. 108 1/2, par. 6-158
14 40 ILCS 5/6-162 from Ch. 108 1/2, par. 6-162
15 40 ILCS 5/6-163.1 new
16 40 ILCS 5/6-164 from Ch. 108 1/2, par. 6-164
17 40 ILCS 5/6-178 from Ch. 108 1/2, par. 6-178
18 40 ILCS 5/6-209 from Ch. 108 1/2, par. 6-209
19 40 ILCS 5/6-125 rep.
20 40 ILCS 5/6-126 rep.
21 40 ILCS 5/6-127 rep.
22 40 ILCS 5/6-160 rep.
23 30 ILCS 805/8.23 new