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| [ Introduced ] | [ House Amendment 001 ] |
92_HB4527eng HB4527 Engrossed LRB9212353EGfg 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 Sections 4-109.1, 4-109.2, and 4-114 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 HB4527 Engrossed -2- LRB9212353EGfg 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 (c-2) On January 1, 2003, every pension payable to or on 20 behalf of a minor or disabled surviving child that is payable 21 on that date under Section 4-114 shall be increased by an 22 amount equal to 1/12 of 3% of the amount of the pension, 23 multiplied by the number of months for which the benefit has 24 been payable. On each January 1 thereafter, every pension 25 payable to or on behalf of a minor or disabled surviving 26 child that is payable under Section 4-114 shall be increased 27 by 3% of the amount of the pension then being paid, including 28 any previous increases received under this Article. These 29 increases are not subject to any limitation on the maximum 30 benefit amount included in Section 4-114. 31 (d) The monthly pension of a firefighter who retires 32 after January 1, 1986, shall, upon either the first of the 33 month following the first anniversary of the date of 34 retirement if 55 years of age or over, or upon the first day HB4527 Engrossed -3- LRB9212353EGfg 1 of the month following attainment of age 55 if it occurs 2 after the first anniversary of retirement, be increased by 3 1/12 of 3% of the originally granted monthly pension for each 4 full month that has elapsed since the pension began, and by 5 an additional 3% in each January thereafter. 6 The changes made to this subsection (d) by this 7 amendatory Act of the 91st General Assembly apply to all 8 initial increases that become payable under this subsection 9 on or after January 1, 1999. All initial increases that 10 became payable under this subsection on or after January 1, 11 1999 and before the effective date of this amendatory Act 12 shall be recalculated and the additional amount accruing for 13 that period, if any, shall be payable to the pensioner in a 14 lump sum. 15 (e) Notwithstanding the provisions of subsection (a), 16 upon the first day of the month following (1) the first 17 anniversary of the date of retirement, or (2) the attainment 18 of age 55, or (3) July 1, 1987, whichever occurs latest, the 19 monthly pension of a firefighter who retired on or after 20 January 1, 1977 and on or before January 1, 1986 and did not 21 receive an increase under subsection (a) before July 1, 1987, 22 shall be increased by 3% of the originally granted monthly 23 pension for each full year that has elapsed since the pension 24 began, and by an additional 3% in each January thereafter. 25 The increases provided under this subsection are in lieu of 26 the increases provided in subsection (a). 27 (Source: P.A. 90-32, eff. 6-27-97; 91-466, eff. 8-6-99.) 28 (40 ILCS 5/4-109.2) (from Ch. 108 1/2, par. 4-109.2) 29 Sec. 4-109.2. Minimum pension. 30 (a) Beginning January 1, 1984, the minimum disability 31 pension granted under Section 4-110 or 4-111, the minimum 32 surviving spouse's pension, and the minimum retirement 33 pension granted to a firefighter with 20 or more years of HB4527 Engrossed -4- LRB9212353EGfg 1 creditable service, shall be $300 per month, without regard 2 to whether the death, disability or retirement of the 3 firefighter occurred prior to that date. 4 Beginning July 1, 1987, the minimum retirement pension 5 payable to a firefighter with 20 or more years of creditable 6 service, the minimum disability pension payable under Section 7 4-110 or 4-111, and the minimum surviving spouse's pension 8 shall be $400 per month, without regard to whether the death, 9 retirement or disability of the firefighter occurred prior to 10 that date. 11 Beginning July 1, 1993, the minimum retirement pension 12 payable to a firefighter with 20 or more years of creditable 13 service and the minimum surviving spouse's pension shall be 14 $475 per month, without regard to whether the firefighter was 15 in service on or after the effective date of this amendatory 16 Act of 1993. 17 (b) Beginning January 1, 1999, the minimum retirement 18 pension payable to a firefighter with 20 or more years of 19 creditable service, the minimum disability pension payable 20 under Section 4-110, 4-110.1, or 4-111, and the minimum 21 surviving spouse's pension shall be $600 per month, without 22 regard to whether the firefighter was in service on or after 23 the effective date of this amendatory Act of the 91st General 24 Assembly. 25 In the case of a pensioner whose pension began before the 26 effective date of this amendatory Act and is subject to 27 increase under this subsection (b), the pensioner shall be 28 entitled to a lump sum payment of the amount of that increase 29 accruing from January 1, 1999 (or the date the pension began, 30 if later) to the effective date of this amendatory Act. 31 (c) Beginning January 1, 2000, the minimum retirement 32 pension payable to a firefighter with 20 or more years of 33 creditable service, the minimum disability pension payable 34 under Section 4-110, 4-110.1, or 4-111, and the minimum HB4527 Engrossed -5- LRB9212353EGfg 1 surviving spouse's pension shall be $800 per month, without 2 regard to whether the firefighter was in service on or after 3 the effective date of this amendatory Act of the 91st General 4 Assembly. 5 (d) Beginning January 1, 2001, the minimum retirement 6 pension payable to a firefighter with 20 or more years of 7 creditable service, the minimum disability pension payable 8 under Section 4-110, 4-110.1, or 4-111, and the minimum 9 surviving spouse's pension shall be $1000 per month, without 10 regard to whether the firefighter was in service on or after 11 the effective date of this amendatory Act of the 91st General 12 Assembly. 13 (e) Beginning January 1, 2003, the minimum retirement 14 pension payable to a firefighter with 20 or more years of 15 creditable service, the minimum disability pension payable 16 under Section 4-110, 4-110.1, or 4-111, and the minimum 17 surviving spouse's pension shall be $1030 per month, without 18 regard to whether the firefighter was in service on or after 19 the effective date of this amendatory Act of the 92nd General 20 Assembly. 21 (f) Beginning January 1, 2004, the minimum retirement 22 pension payable to a firefighter with 20 or more years of 23 creditable service, the minimum disability pension payable 24 under Section 4-110, 4-110.1, or 4-111, and the minimum 25 surviving spouse's pension shall be $1060.90 per month, 26 without regard to whether the firefighter was in service on 27 or after the effective date of this amendatory Act of the 28 92nd General Assembly. 29 (g) Beginning January 1, 2005, the minimum retirement 30 pension payable to a firefighter with 20 or more years of 31 creditable service, the minimum disability pension payable 32 under Section 4-110, 4-110.1, or 4-111, and the minimum 33 surviving spouse's pension shall be $1092.73 per month, 34 without regard to whether the firefighter was in service on HB4527 Engrossed -6- LRB9212353EGfg 1 or after the effective date of this amendatory Act of the 2 92nd General Assembly. 3 (h) Beginning January 1, 2006, the minimum retirement 4 pension payable to a firefighter with 20 or more years of 5 creditable service, the minimum disability pension payable 6 under Section 4-110, 4-110.1, or 4-111, and the minimum 7 surviving spouse's pension shall be $1125.51 per month, 8 without regard to whether the firefighter was in service on 9 or after the effective date of this amendatory Act of the 10 92nd General Assembly. 11 (i) Beginning January 1, 2007, the minimum retirement 12 pension payable to a firefighter with 20 or more years of 13 creditable service, the minimum disability pension payable 14 under Section 4-110, 4-110.1, or 4-111, and the minimum 15 surviving spouse's pension shall be $1159.27 per month, 16 without regard to whether the firefighter was in service on 17 or after the effective date of this amendatory Act of the 18 92nd General Assembly. 19 (Source: P.A. 91-466, eff. 8-6-99.) 20 (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114) 21 Sec. 4-114. Pension to survivors. If a firefighter who 22 is not receiving a disability pension under Section 4-110 or 23 4-110.1 dies (1) as a result of any illness or accident, or 24 (2) from any cause while in receipt of a disability pension 25 under this Article, or (3) during retirement after 20 years 26 service, or (4) while vested for or in receipt of a pension 27 payable under subsection (b) of Section 4-109, or (5) while a 28 deferred pensioner, having made all required contributions, a 29 pension shall be paid to his or her survivors, based on the 30 monthly salary attached to the firefighter's rank on the last 31 day of service in the fire department, as follows: 32 (a) To the surviving spouse, a monthly pension of 40% of 33 the monthly salary, and to the guardian of any minor child or HB4527 Engrossed -7- LRB9212353EGfg 1 children including a child which has been conceived but not 2 yet born, 12% of such monthly salary for each such child 3 until attainment of age 18 or until the child's marriage, 4 whichever occurs first. Beginning July 1, 1993, the monthly 5 pension to the surviving spouse shall be 54% of the monthly 6 salary for all persons receiving a surviving spouse pension 7 under this Article, regardless of whether the deceased 8 firefighter was in service on or after the effective date of 9 this amendatory Act of 1993. Beginning January 1, 2003, the 10 minimum monthly pension to the surviving spouse of a 11 firefighter who died while receiving a retirement pension 12 shall be 50% of the monthly retirement pension that the 13 deceased firefighter was receiving at the time of death, 14 including any increases under Section 4-109.1; this minimum 15 applies to all such surviving spouses who are eligible to 16 receive a surviving spouse pension, regardless of whether the 17 deceased firefighter was in service on or after the effective 18 date of this amendatory Act of the 92nd General Assembly. 19 The pension to the surviving spouse shall terminate in 20 the event of the surviving spouse's remarriage prior to July 21 1, 1993; remarriage on or after that date does not affect the 22 surviving spouse's pension, regardless of whether the 23 deceased firefighter was in service on or after the effective 24 date of this amendatory Act of 1993. 25 The surviving spouse's pension shall be subject to the 26 minimum established in Section 4-109.2. 27 (b) Upon the death of the surviving spouse leaving one 28 or more minor children, to the duly appointed guardian of 29 each such child, for support and maintenance of each such 30 child until the child reaches age 18 or marries, whichever 31 occurs first, a monthly pension of 20% of the monthly salary. 32 (c) If a deceased firefighter leaves no surviving spouse 33 or unmarried minor children under age 18, but leaves a 34 dependent father or mother, to each dependent parent a HB4527 Engrossed -8- LRB9212353EGfg 1 monthly pension of 18% of the monthly salary. To qualify for 2 the pension, a dependent parent must furnish satisfactory 3 proof that the deceased firefighter was at the time of his or 4 her death the sole supporter of the parent or that the parent 5 was the deceased's dependent for federal income tax purposes. 6 (d) The total pension provided under paragraphs (a), (b) 7 and (c) of this Section shall not exceed 75% of the monthly 8 salary of the deceased firefighter (1) when paid to the 9 survivor of a firefighter who has attained 20 or more years 10 of service credit and who receives or is eligible to receive 11 a retirement pension under this Article, or (2) when paid to 12 the survivor of a firefighter who dies as a result of illness 13 or accident, or (3) when paid to the survivor of a 14 firefighter who dies from any cause while in receipt of a 15 disability pension under this Article, or (4) when paid to 16 the survivor of a deferred pensioner. For all other 17 survivors of deceased firefighters, the total pension 18 provided under paragraphs (a), (b) and (c) of this Section 19 shall not exceed 50% of the retirement annuity the 20 firefighter would have received on the date of death; except 21 that if this maximum is less than the minimum provided under 22 another provision of this Article, the minimum controls. 23 (e) If a firefighter leaves no eligible survivors under 24 paragraphs (a), (b) and (c), the board shall refund to the 25 firefighter's estate the amount of his or her accumulated 26 contributions, less the amount of pension payments, if any, 27 made to the firefighter while living. 28 (f) An adopted child is eligible for the pension 29 provided under paragraph (a) if the child was adopted before 30 the firefighter attained age 50. 31 (g) If a judgment of dissolution of marriage between a 32 firefighter and spouse is judicially set aside subsequent to 33 the firefighter's death, the surviving spouse is eligible for 34 the pension provided in paragraph (a) only if the judicial HB4527 Engrossed -9- LRB9212353EGfg 1 proceedings are filed within 2 years after the date of the 2 dissolution of marriage and within one year after the 3 firefighter's death and the board is made a party to the 4 proceedings. In such case the pension shall be payable only 5 from the date of the court's order setting aside the judgment 6 of dissolution of marriage. 7 (h) Benefits payable on account of a child under this 8 Section shall not be reduced or terminated by reason of the 9 child's attainment of age 18 if he or she is then dependent 10 by reason of a physical or mental disability but shall 11 continue to be paid as long as such dependency continues. 12 Individuals over the age of 18 and adjudged as a disabled 13 person pursuant to Article XIa of the Probate Act of 1975, 14 except for persons receiving benefits under Article III of 15 the Illinois Public Aid Code, shall be eligible to receive 16 benefits under this Act. 17 (i) Beginning January 1, 2000, the pension of the 18 surviving spouse of a firefighter who dies on or after 19 January 1, 1994 as a result of sickness, accident, or injury 20 incurred in or resulting from the performance of an act of 21 duty or from the cumulative effects of acts of duty shall not 22 be less than 100% of the salary attached to the rank held by 23 the deceased firefighter on the last day of service, 24 notwithstanding subsection (d) or any other provision of this 25 Article. 26 (j) Each survivor's pension payable on January 1, 2003, 27 shall be increased on that date, and on each January 1 28 thereafter, by an amount equal to 3% of the pension otherwise 29 payable at the time of the increase, including any previous 30 increases under this Article. This increase does not apply 31 to any survivor's pension that first becomes payable after 32 January 1, 2003. 33 (Source: P.A. 91-466, eff. 8-6-99.) HB4527 Engrossed -10- LRB9212353EGfg 1 Section 90. The State Mandates Act is amended by adding 2 Section 8.26 as follows: 3 (30 ILCS 805/8.26 new) 4 Sec. 8.26. Exempt mandate. Notwithstanding Sections 6 5 and 8 of this Act, no reimbursement by the State is required 6 for the implementation of any mandate created by this 7 amendatory Act of the 92nd General Assembly. 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.