State of Illinois
92nd General Assembly
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92_HB0516

 
                                               LRB9201940EGfg

 1        AN ACT in relation to public employee benefits.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Pension  Code  is amended by
 5    changing Section 4-109.1 as follows:

 6        (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
 7        Sec. 4-109.1.  Increase in pension.
 8        (a)  Except as provided in subsection  (e),  the  monthly
 9    pension  of  a firefighter who retires after July 1, 1971 and
10    prior to January 1, 1986, shall, upon either the first of the
11    month  following  the  first  anniversary  of  the  date   of
12    retirement  if 60 years of age or over at retirement date, or
13    upon the first day of the month following attainment  of  age
14    60 if it occurs after the first anniversary of retirement, be
15    increased by 2% of the originally granted monthly pension and
16    by  an  additional  2% in each January thereafter.  Effective
17    January 1976, the rate of the annual increase shall be 3%  of
18    the originally granted monthly pension.
19        (b)  The  monthly  pension  of  a firefighter who retired
20    from service with 20 or more years of service, on  or  before
21    July  1,  1971,  shall  be  increased, in January of the year
22    following the year of attaining age 65 or in January 1972, if
23    then over age 65, by 2% of  the  originally  granted  monthly
24    pension,  for  each  year  the  firefighter  received pension
25    payments.  In  each  January  thereafter,  he  or  she  shall
26    receive  an additional increase of 2% of the original monthly
27    pension.  Effective January 1976,  the  rate  of  the  annual
28    increase shall be 3%.
29        (c)  The   monthly   pension  of  a  firefighter  who  is
30    receiving a disability pension under this  Article  shall  be
31    increased,  in  January  of  the  year following the year the
 
                            -2-                LRB9201940EGfg
 1    firefighter attains age 60, or in January 1974, if then  over
 2    age  60,  by 2% of the originally granted monthly pension for
 3    each year he or she  received  pension  payments.    In  each
 4    January   thereafter,   the   firefighter  shall  receive  an
 5    additional increase of 2% of the  original  monthly  pension.
 6    Effective January 1976, the rate of the annual increase shall
 7    be 3%.
 8        (c-1)  On  January  1,  1998,  every  child's  disability
 9    benefit  payable  on that date under Section 4-110 or 4-110.1
10    shall be increased by an amount equal to 1/12 of  3%  of  the
11    amount of the benefit, multiplied by the number of months for
12    which  the  benefit  has  been  payable.   On  each January 1
13    thereafter, every child's disability  benefit  payable  under
14    Section  4-110  or  4-110.1  shall  be increased by 3% of the
15    amount of the benefit then being paid, including any previous
16    increases received under this Article.  These  increases  are
17    not  subject  to any limitation on the maximum benefit amount
18    included in Section 4-110 or 4-110.1.
19        (d)  The monthly pension of  a  firefighter  who  retires
20    after  January  1,  1986, shall, upon either the first of the
21    month  following  the  first  anniversary  of  the  date   of
22    retirement  if 55 years of age or over, or upon the first day
23    of the month following attainment of  age  55  if  it  occurs
24    after  the  first  anniversary of retirement, be increased by
25    1/12 of 3% of the originally granted monthly pension for each
26    full month that has elapsed since the pension began,  and  by
27    an additional 3% in each January thereafter.
28        The   changes   made  to  this  subsection  (d)  by  this
29    amendatory Act of the 91st  General  Assembly  apply  to  all
30    initial  increases  that become payable under this subsection
31    on or after January 1,  1999.   All  initial  increases  that
32    became  payable  under this subsection on or after January 1,
33    1999 and before the effective date  of  this  amendatory  Act
34    shall  be recalculated and the additional amount accruing for
 
                            -3-                LRB9201940EGfg
 1    that period, if any, shall be payable to the pensioner  in  a
 2    lump sum.
 3        (e)  Notwithstanding  the  provisions  of subsection (a),
 4    upon the first day of  the  month  following  (1)  the  first
 5    anniversary  of the date of retirement, or (2) the attainment
 6    of age 55, or (3) July 1, 1987, whichever occurs latest,  the
 7    monthly  pension  of  a  firefighter  who retired on or after
 8    January 1, 1977 and on or before January 1, 1986 and did  not
 9    receive an increase under subsection (a) before July 1, 1987,
10    shall  be  increased  by 3% of the originally granted monthly
11    pension for each full year that has elapsed since the pension
12    began, and by an additional 3% in  each  January  thereafter.
13    The  increases  provided under this subsection are in lieu of
14    the increases provided in subsection (a).
15        (f)  The monthly pension of a  surviving  spouse  who  is
16    receiving a pension under this Article shall be increased, in
17    (i)  January  of  the  year  following  the year in which the
18    surviving spouse attains age 55, (ii)  January  of  the  year
19    following  the  year  in  which  the surviving spouse pension
20    began, or (iii) January of 2002, whichever  occurs  last,  by
21    1/12 of 3% of the originally granted monthly pension for each
22    full  month  that has elapsed since the pension began, and by
23    an additional 3% in each January thereafter.  These increases
24    are not subject to any limitation on the  maximum  amount  of
25    the pension otherwise imposed by this Article.
26    (Source: P.A. 90-32, eff. 6-27-97; 91-466, eff. 8-6-99.)

27        Section  90.  The State Mandates Act is amended by adding
28    Section 8.25 as follows:

29        (30 ILCS 805/8.25 new)
30        Sec. 8.25. Exempt mandate.   Notwithstanding  Sections  6
31    and  8 of this Act, no reimbursement by the State is required
32    for  the  implementation  of  any  mandate  created  by  this
 
                            -4-                LRB9201940EGfg
 1    amendatory Act of the 92nd General Assembly.

 2        Section 99. Effective date.  This Act takes  effect  upon
 3    becoming law.

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