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Rep. Kevin A. McCarthy
Filed: 3/15/2010
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09600HB6368ham001 |
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LRB096 20985 AMC 39014 a |
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| AMENDMENT TO HOUSE BILL 6368
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| AMENDMENT NO. ______. Amend House Bill 6368 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Pension Code is amended by |
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| changing Sections 2-108.1, 2-119, 2-119.01, 2-119.1, 2-121.1, |
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| 18-124, 18-125, 18-125.1, and 18-128.01 as follows:
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| (40 ILCS 5/2-108.1) (from Ch. 108 1/2, par. 2-108.1)
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| Sec. 2-108.1. Highest salary for annuity purposes.
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| (a) "Highest salary for annuity purposes" means whichever |
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| of
the following is applicable to the participant:
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| For a participant who first becomes a participant of this |
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| System before August 10, 2009 ( the effective date of Public Act |
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| 96-207) this amendatory Act of the 96th General Assembly :
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| (1) For a participant who is a member of the General |
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| Assembly on his
or her last day of service: the highest |
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| salary that is prescribed by law,
on the participant's last |
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| day of service, for a member of the General
Assembly who is |
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| not an officer; plus, if the participant was elected or
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| appointed to serve as an officer of the General Assembly |
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| for 2 or more
years and has made contributions as required |
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| under subsection (d) of
Section 2-126, the highest |
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| additional amount of compensation prescribed by
law, at the |
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| time of the participant's service as an officer, for |
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| members of
the General Assembly who serve in that office.
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| (2) For a participant who holds one of the State |
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| executive offices
specified in Section 2-105 on his or her |
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| last day of service: the highest
salary prescribed by law |
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| for service in that office on the participant's
last day of |
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| service.
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| (3) For a participant who is Clerk or Assistant Clerk |
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| of the House of Representatives or Secretary or Assistant |
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| Secretary of the Senate
on his or her last day of service: |
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| the salary received for service in that
capacity on the |
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| last day of service, but not to exceed the highest salary
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| (including additional compensation for service as an |
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| officer) that is
prescribed by law on the participant's |
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| last day of service for the highest
paid officer of the |
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| General Assembly.
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| (4) For a participant who is a continuing participant |
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| under Section
2-117.1 on his or her last day of service: |
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| the salary received for service
in that capacity on the |
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| last day of service, but not to exceed the highest
salary |
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| (including additional compensation for service as an |
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| officer) that
is prescribed by law on the participant's |
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| last day of service for the
highest paid officer of the |
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| General Assembly.
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| For a participant who first becomes a participant of this |
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| System on or after August 10, 2009 ( the effective date of |
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| Public Act 96-207) and before July 1, 2010 this amendatory Act |
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| of the 96th General Assembly , the average monthly salary |
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| obtained by dividing the total salary of the participant during |
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| the period of: (1) the 48 consecutive months of service within |
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| the last 120 months of service in which the total compensation |
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| was the highest, or (2) the total period of service, if less |
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| than 48 months, by the number of months of service in that |
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| period. |
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| For a participant who first becomes a participant of this |
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| System on or after July 1, 2010, the average monthly salary |
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| obtained by dividing the total salary of the participant during |
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| the 96 consecutive months of service within the last 120 months |
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| of service in which the total compensation was the highest by |
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| the number of months of service in that period; however, the |
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| highest salary for annuity purposes may not exceed the Social |
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| Security Covered Wage Base for 2010, and shall automatically be |
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| increased or decreased, as applicable,
by a percentage equal to |
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| the percentage change in the consumer price index-u
during the |
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| preceding 12-month calendar year. "Consumer price index-u" |
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| means
the index published by the Bureau of Labor Statistics of |
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| the United States
Department of Labor that measures the average |
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| change in prices of goods and
services purchased by all urban |
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| consumers, United States city average, all
items, 1982-84 = |
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| 100. The new amount resulting from each annual adjustment
shall |
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| be determined by the Public Pension Division of the Department |
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| of Insurance and made available to the Board. |
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| (b) The earnings limitations of subsection (a) apply to |
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| earnings
under any other participating system under the |
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| Retirement Systems Reciprocal
Act that are considered in |
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| calculating a proportional annuity under this
Article, except |
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| in the case of a person who first became a member of this
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| System before August 22,
1994.
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| (c) In calculating the subsection (a) earnings limitation |
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| to be applied to
earnings under any other participating system |
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| under the Retirement Systems
Reciprocal Act for the purpose of |
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| calculating a proportional annuity under this
Article, the |
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| participant's last day of service shall be deemed to mean the |
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| last
day of service in any participating system from which the |
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| person has applied
for a proportional annuity under the |
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| Retirement Systems Reciprocal Act.
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| (Source: P.A. 96-207, eff. 8-10-09.)
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| (40 ILCS 5/2-119) (from Ch. 108 1/2, par. 2-119)
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| Sec. 2-119. Retirement annuity - conditions for |
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| eligibility. |
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| (a)
A participant whose service as a
member is terminated, |
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| regardless of age or cause, is entitled to a retirement
annuity |
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| beginning on the date specified by the participant in
a written |
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| application subject to the following conditions:
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| 1. The date the annuity begins does not precede
the |
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| date of final
termination of service, or is not more than |
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| 30 days before the receipt
of the application
by the board |
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| in the case of annuities based on disability or one year |
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| before
the receipt of the application in the case of |
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| annuities
based on attained age;
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| 2. The participant meets one of the following |
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| eligibility requirements: |
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| For a participant who first becomes a participant of |
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| this System before July 1, 2010:
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| (A) He or she has attained age 55 and has at least |
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| 8 years of service credit;
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| (B) He or she has attained age 62 and terminated |
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| service after July 1,
1971 with at least 4 years of |
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| service credit; or
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| (C) He or she has completed 8 years of service and |
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| has become
permanently disabled and as a consequence, |
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| is unable to perform the duties
of his or her office.
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| For a participant who first becomes a participant of |
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| this System on or after July 1, 2010, he or she has |
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| attained age 67 and has at least 8 years of service credit. |
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| (a-5) A participant who first becomes a participant of this |
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| System on or after July 1, 2010 who has attained age 62 and has |
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| at least 8 years of service credit may elect to receive the |
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| lower retirement annuity provided
in paragraph (c) of Section |
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| 2-119.01 of this Code. |
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| (b) A participant shall be considered permanently disabled |
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| only if:
(1) disability occurs while in service and is
of such |
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| a nature
as to prevent him or her from reasonably performing |
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| the duties of his
or her office at
the time; and (2) the board |
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| has received a written certificate by at
least 2 licensed |
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| physicians appointed by the board stating that the member is
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| disabled and that the disability is likely to be permanent.
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| (Source: P.A. 83-1440.)
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| (40 ILCS 5/2-119.01) (from Ch. 108 1/2, par. 2-119.01)
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| Sec. 2-119.01. Retirement annuities - Amount.
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| (a) For a participant
in service after June 30, 1977 who |
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| has not made contributions to this System
after January 1, |
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| 1982, the annual retirement annuity is 3% for each of the
first |
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| 8 years of service, plus 4% for each of the next 4 years of |
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| service,
plus 5% for each year of service in excess of 12 |
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| years, based on the
participant's highest salary for annuity |
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| purposes. The maximum
retirement annuity payable
shall be 80% |
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| of the participant's highest salary for
annuity purposes.
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| (b) For a participant in service after June 30, 1977 who |
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| has made
contributions to this System on or after January 1, |
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| 1982, the annual
retirement annuity is 3% for each of the first |
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| 4 years of service, plus 3
1/2% for each of the next 2 years of |
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| service, plus 4% for each of the next
2 years of service, plus |
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| 4 1/2% for each of the next 4 years of service,
plus 5% for each |
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| year of service in excess of 12 years, of the
participant's |
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| highest salary for annuity purposes. The maximum retirement
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| annuity payable shall be 85% of the participant's highest
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| salary for annuity purposes.
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| (c) Notwithstanding any other provision of this Article, |
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| for a participant who first becomes a participant on or after |
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| July 1, 2010, the annual
retirement annuity is 3% of the
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| participant's highest salary for annuity purposes for each year |
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| of service. The maximum retirement
annuity payable shall be 60% |
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| of the participant's highest
salary for annuity purposes. |
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| (d) Notwithstanding any other provision of this Article, |
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| for a participant who first becomes a participant on or after |
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| July 1, 2010 and who is retiring after attaining age 62 with at |
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| least 8 years of service credit, the retirement annuity shall |
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| be reduced by one-half
of 1% for each month that the member's |
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| age is under age 67. |
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| (Source: P.A. 86-1488.)
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| (40 ILCS 5/2-119.1) (from Ch. 108 1/2, par. 2-119.1)
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| Sec. 2-119.1. Automatic increase in retirement annuity.
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| (a) A participant who retires after June 30, 1967, and who |
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| has not
received an initial increase under this Section before |
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| the effective date
of this amendatory Act of 1991, shall, in |
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| January or July next following
the first anniversary of |
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| retirement, whichever occurs first, and in the same
month of |
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| each year thereafter, but in no event prior to age 60, have the |
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| amount
of the originally granted retirement annuity increased |
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| as follows: for each
year through 1971, 1 1/2%; for each year |
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| from 1972 through 1979, 2%; and for
1980 and each year |
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| thereafter, 3%. Annuitants who have received an initial
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| increase under this subsection prior to the effective date of |
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| this amendatory
Act of 1991 shall continue to receive their |
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| annual increases in the same month
as the initial increase.
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| (b) Beginning January 1, 1990, for eligible participants |
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| who remain
in service after attaining 20 years of creditable |
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| service, the 3% increases
provided under subsection (a) shall |
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| begin to accrue on the January 1 next
following the date upon |
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| which the participant (1) attains age 55, or (2)
attains 20 |
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| years of creditable service, whichever occurs later, and shall
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| continue to accrue while the participant remains in service; |
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| such increases
shall become payable on January 1 or July 1, |
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| whichever occurs first, next
following the first anniversary of |
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| retirement. For any person who has service
credit in the System |
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| for the entire period from January 15, 1969 through
December |
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| 31, 1992, regardless of the date of termination of service, the
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| reference to age 55 in clause (1) of this subsection (b) shall |
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| be deemed to
mean age 50.
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| This subsection (b) does not apply to any person who first |
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| becomes a
member of the System after the effective date of this |
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| amendatory Act of
the 93rd General Assembly.
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| (b-5) Notwithstanding any other provision of this Article, |
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| a participant who first becomes a participant on or after July |
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| 1, 2010 shall, in January or July next following the first |
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| anniversary of retirement, whichever occurs first, and in the |
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| same month of each year thereafter, but in no event prior to |
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| age 67, have the amount of the retirement annuity then being |
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| paid increased by 3% or the annual change in the Consumer Price |
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| Index for All Urban Consumers, whichever is less. |
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| (c) The foregoing provisions relating to automatic |
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| increases are not
applicable to a participant who retires |
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| before having made contributions
(at the rate prescribed in |
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| Section 2-126) for automatic increases for less
than the |
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| equivalent of one full year. However, in order to be eligible |
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| for
the automatic increases, such a participant may make |
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| arrangements to pay
to the system the amount required to bring |
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| the total contributions for the
automatic increase to the |
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| equivalent of one year's contributions based upon
his or her |
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| last salary.
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| (d) A participant who terminated service prior to July 1, |
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| 1967, with at
least 14 years of service is entitled to an |
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| increase in retirement annuity
beginning January, 1976, and to |
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| additional increases in January of each
year thereafter.
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| The initial increase shall be 1 1/2% of the originally |
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| granted retirement
annuity multiplied by the number of full |
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| years that the annuitant was in
receipt of such annuity prior |
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| to January 1, 1972, plus 2% of the originally
granted |
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| retirement annuity for each year after that date. The |
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| subsequent
annual increases shall be at the rate of 2% of the |
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| originally granted
retirement annuity for each year through |
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| 1979 and at the rate of 3% for
1980 and thereafter.
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| (e) Beginning January 1, 1990, all automatic annual |
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| increases payable
under this Section shall be calculated as a |
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| percentage of the total annuity
payable at the time of the |
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| increase, including previous increases granted
under this |
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| Article.
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| (Source: P.A. 93-494, eff. 8-8-03.)
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| (40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1)
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| Sec. 2-121.1. Survivor's annuity - amount.
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| (a) A surviving spouse shall be entitled to 66 2/3% of the |
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| amount of
retirement annuity to which the participant or |
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| annuitant was entitled on
the date of death, without regard to |
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| whether the participant had attained
age 55 prior to his or her |
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| death, subject to a minimum payment of 10% of
salary. If a |
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| surviving spouse, regardless of age, has in his or her care
at |
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| the date of death any eligible child or children of the |
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| participant, the
survivor's annuity shall be the greater of the |
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| following: (1) 66 2/3% of
the amount of retirement annuity to |
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| which the participant or annuitant was
entitled on the date of |
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| death, or (2) 30% of the participant's salary
increased by 10% |
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| of salary on account of each such child, subject to a
total |
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| payment for the surviving spouse and children of 50% of salary. |
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| If
eligible children survive but there is no surviving spouse, |
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| or if the
surviving spouse dies or becomes disqualified by
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| remarriage while eligible children survive, each
eligible |
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| child shall be entitled to an annuity of 20% of salary, subject
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| to a maximum total payment for all such children of 50% of |
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| salary.
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| However, the survivor's annuity payable under this Section |
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| shall not be
less than 100% of the amount of retirement annuity |
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| to which the participant
or annuitant was entitled on the date |
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| of death, if he or she is survived by
a dependent disabled |
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| child.
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| The salary to be used for determining these benefits shall |
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| be the
salary used for determining the amount of retirement |
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| annuity as provided
in Section 2-119.01.
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| (b) Upon the death of a participant after the termination |
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| of service or
upon death of an annuitant, the maximum total |
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| payment to a surviving spouse
and eligible children, or to |
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| eligible children alone if there is no surviving
spouse, shall |
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| be 75% of the retirement annuity to which the participant
or |
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| annuitant was entitled, unless there is a dependent disabled |
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| child
among the survivors.
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| (c) When a child ceases to be an eligible child, the |
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| annuity to that
child, or to the surviving spouse on account of |
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| that child, shall thereupon
cease, and the annuity payable to |
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| the surviving spouse or other eligible
children shall be |
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| recalculated if necessary.
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| Upon the ineligibility of the last eligible child, the |
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| annuity shall
immediately revert to the amount payable upon |
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| death of a participant or
annuitant who leaves no eligible |
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| children. If the surviving spouse is then
under age 50, the |
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| annuity as revised shall be deferred until the attainment
of |
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| age 50.
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| (d) Beginning January 1, 1990, every survivor's annuity |
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| shall be increased
(1) on each January 1 occurring on or after |
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| the commencement of the annuity if
the deceased member died |
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| while receiving a retirement annuity, or (2) in
other cases, on |
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| each January 1 occurring on or after the first anniversary
of |
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| the commencement of the annuity, by an amount equal to 3% of |
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| the current
amount of the annuity, including any previous |
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| increases under this Article.
Such increases shall apply |
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| without regard to whether the deceased member
was in service on |
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| or after the effective date of this amendatory Act of
1991, but |
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| shall not accrue for any period prior to January 1, 1990.
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| (e) Notwithstanding any other provision of this Article, |
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| the initial survivor's annuity of a survivor of a participant |
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| who first becomes a participant on or after July 1, 2010 shall |
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| be in the amount of 66 2/3% of the amount of the retirement |
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| annuity to which the participant or annuitant was entitled on |
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| the date of death and shall be increased (1) on each January 1 |
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| occurring on or after the commencement of the annuity if
the |
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| deceased member died while receiving a retirement annuity or |
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| (2) in
other cases, on each January 1 occurring on or after the |
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| first anniversary
of the commencement of the annuity, by an |
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| amount equal to 3% or the annual change in the Consumer Price |
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| Index for All Urban Consumers, whichever is less, of the |
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| survivor's annuity then being paid. |
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| (e) Notwithstanding any other provision of this Article, |
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| beginning
January 1, 1990, the minimum survivor's annuity |
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| payable to any person who
is entitled to receive a survivor's |
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| annuity under this Article shall be
$300 per month, without |
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| regard to whether or not the deceased participant
was in |
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| service on the effective date of this amendatory Act of 1989.
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| (f) In the case of a proportional survivor's annuity |
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| arising under
the Retirement Systems Reciprocal Act where the |
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| amount payable by the
System on January 1, 1993 is less than |
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| $300 per month, the amount payable
by the System shall be |
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| increased beginning on that date by a monthly amount
equal to |
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| $2 for each full year that has expired since the annuity began.
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| (Source: P.A. 91-887, eff. 7-6-00.)
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| (40 ILCS 5/18-124) (from Ch. 108 1/2, par. 18-124)
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| Sec. 18-124. Retirement annuities - conditions for |
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| eligibility. |
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| (a) This subsection (a) applies to a participant who first |
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| serves as a judge before July 1, 2010. |
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| A
participant whose employment as a judge is terminated, |
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| regardless of age
or cause is entitled to a retirement annuity |
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| beginning on
the date specified in a written application |
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| subject to the
following:
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| (1) the date the annuity begins is subsequent
to the |
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| date of final
termination of employment, or the date 30 |
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| days prior to the receipt of
the application by the board |
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| for annuities based on
disability, or one year before the |
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| receipt of the application by the
board for annuities based |
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| on attained age;
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| (2) the participant is at least age 55, or has
become |
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| permanently disabled and as
a consequence is unable to |
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| perform the duties of his or her office;
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| (3) the participant has at least 10 years of service
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| credit except that a participant terminating service after |
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| June
30 1975, with at least 6 years of service credit, |
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| shall be entitled to
a retirement annuity at age 62 or |
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| over;
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| (4) the participant is not receiving or entitled
to |
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| receive, at the date of
retirement, any salary from an |
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| employer for service currently performed.
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| (b) This subsection (b) applies to a participant who first |
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| serves as a judge on or after July 1, 2010. |
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| A participant who has at least 8 years of creditable |
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| service is
entitled to a retirement annuity when he or she has |
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| attained age 67. |
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| A member who has attained age 62 and has at least 8 years |
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| of service credit may elect to receive the lower retirement |
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| annuity provided
in subsection (d) of Section 18-125 of this |
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| Code. |
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| (Source: P.A. 83-1440.)
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| (40 ILCS 5/18-125) (from Ch. 108 1/2, par. 18-125)
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| Sec. 18-125. Retirement annuity amount.
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| (a) The annual retirement annuity for a participant who |
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| terminated
service as a judge prior to July 1, 1971 shall be |
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| based on the law in
effect at the time of termination of |
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| service.
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| (b) Except as provided in subsection (b-5), effective |
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| Effective July 1, 1971, the retirement annuity for any |
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| participant
in service on or after such date shall be 3 1/2% of |
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| final average salary,
as defined in this Section, for each of |
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| the first 10 years of service, and
5% of such final average |
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| salary for each year of service on excess of 10.
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| For purposes of this Section, final average salary for a |
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| participant who first serves as a judge before August 10, 2009 |
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| ( the effective date of Public Act 96-207) this amendatory Act |
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| of the 96th General Assembly shall be:
|
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| (1) the average salary for the last 4 years of credited |
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| service as a
judge for a participant who terminates service |
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| before July 1, 1975.
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| (2) for a participant who terminates service after June |
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| 30, 1975
and before July 1, 1982, the salary on the last |
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| day of employment as a judge.
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| (3) for any participant who terminates service after |
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| June 30, 1982 and
before January 1, 1990, the average |
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| salary for the final year of service as
a judge.
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| (4) for a participant who terminates service on or |
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| after January 1,
1990 but before the effective date of this |
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| amendatory Act of 1995, the
salary on the last day of |
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| employment as a judge.
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| (5) for a participant who terminates service on or |
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| after the effective
date of this amendatory Act of 1995, |
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| the salary on the last day of employment
as a judge, or the |
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| highest salary received by the participant for employment |
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| as
a judge in a position held by the participant for at |
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| least 4 consecutive years,
whichever is greater.
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| However, in the case of a participant who elects to |
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| discontinue contributions
as provided in subdivision (a)(2) of |
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| Section 18-133, the time of such
election shall be considered |
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| the last day of employment in the determination
of final |
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| average salary under this subsection.
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| For a participant who first serves as a judge on or after |
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| August 10, 2009 ( the effective date of Public Act 96-207) and |
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| before July 1, 2010 this amendatory Act of the 96th General |
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| Assembly , final average salary shall be the average monthly |
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| salary obtained by dividing the total salary of the participant |
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| during the period of: (1) the 48 consecutive months of service |
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| within the last 120 months of service in which the total |
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| compensation was the highest, or (2) the total period of |
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| service, if less than 48 months, by the number of months of |
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| service in that period. |
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| The maximum retirement annuity for any participant shall be |
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| 85% of final
average salary.
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| (b-5) Notwithstanding any other provision of this Article, |
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| for a participant who first serves as a judge on or after July |
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| 1, 2010, the annual
retirement annuity is 3% of the
|
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| participant's final average salary for each year of service. |
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| The maximum retirement
annuity payable shall be 60% of the |
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| participant's final average salary. |
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| For a participant who first serves as a judge on or after |
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| July 1, 2010, final average salary shall be the average monthly |
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| salary obtained by dividing the total salary of the judge |
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| during the 96 consecutive months of service within the last 120 |
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| months of service in which the total salary was the highest by |
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| the number of months of service in that period; however, the |
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| final average salary may not exceed the Social Security Covered |
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| Wage Base for 2010, and shall automatically be increased or |
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| decreased, as applicable,
by a percentage equal to the |
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| percentage change in the consumer price index-u
during the |
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| preceding 12-month calendar year. "Consumer price index-u" |
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| means
the index published by the Bureau of Labor Statistics of |
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| the United States
Department of Labor that measures the average |
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| change in prices of goods and
services purchased by all urban |
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| consumers, United States city average, all
items, 1982-84 = |
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| 100. The new amount resulting from each annual adjustment
shall |
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| be determined by the Public Pension Division of the Department |
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| of Insurance and made available to the Board. |
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| (c) The retirement annuity for a participant who retires |
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| prior to age 60
with less than 28 years of service in the |
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| System shall be reduced 1/2 of 1%
for each month that the |
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| participant's age is under 60 years at the time the
annuity |
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| commences. However, for a participant who retires on or after |
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| the
effective date of this amendatory Act of the 91st General |
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| Assembly, the
percentage reduction in retirement annuity |
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| imposed under this subsection shall
be reduced by 5/12 of 1% |
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| for every month of service in this System in excess of
20 |
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| years, and therefore a participant with at least 26 years of |
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| service in this
System may retire at age 55 without any |
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| reduction in annuity.
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| The reduction in retirement annuity imposed by this |
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| subsection shall not
apply in the case of retirement on account |
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| of disability.
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| (d) Notwithstanding any other provision of this Article, |
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| for a participant who first serves as a judge on or after July |
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| 1, 2010 and who is retiring after attaining age 62, the |
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| retirement annuity shall be reduced by 1/2
of 1% for each month |
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| that the participant's age is under age 67 at the time of
the |
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| annuity commences. |
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| (Source: P.A. 96-207, eff. 8-10-09; revised 10-30-09.)
|
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| (40 ILCS 5/18-125.1) (from Ch. 108 1/2, par. 18-125.1)
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| Sec. 18-125.1. Automatic increase in retirement annuity. A |
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| participant who
retires from service after June 30, 1969, |
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| shall, in January of the year next
following the year in which |
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| the first anniversary of retirement occurs, and in
January of |
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| each year thereafter, have the amount of his or her originally
|
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| granted retirement annuity increased as follows: for each year |
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| up to and
including 1971, 1 1/2%; for each year from 1972 |
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| through 1979 inclusive, 2%; and
for 1980 and each year |
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| thereafter, 3%.
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| Notwithstanding any other provision of this Article, a |
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| retirement annuity for a participant who first serves as a |
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| judge on or after July 1, 2010 shall be increased in January of |
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| the year next
following the year in which the first anniversary |
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| of retirement occurs, and in
January of each year thereafter, |
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| by an amount equal to 3% or the annual change in the Consumer |
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| Price Index for All Urban Consumers, whichever is less, of the |
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| retirement annuity then being paid. |
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| This Section is not applicable to a participant who retires |
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| before he
or she has made contributions at the rate prescribed |
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| in Section 18-133 for
automatic increases for not less than the |
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| equivalent of one full year, unless
such a participant arranges |
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| to pay the system the amount required to bring
the total |
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| contributions for the automatic increase to the equivalent of
|
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| one year's contribution based upon his or her last year's |
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| salary.
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| This Section is applicable to all participants in service |
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| after June 30,
1969 unless a participant has elected, prior to |
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| September 1,
1969, in a written direction filed with the board |
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| not to be subject to
the provisions of this Section. Any |
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| participant in service on or after
July 1, 1992 shall have the |
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| option of electing prior to April 1, 1993,
in a written |
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| direction filed with the board, to be covered by the provisions |
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| of
the 1969 amendatory Act. Such participant shall be required |
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| to make the
aforesaid additional contributions with compound |
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| interest at 4% per annum.
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| Any participant who has become eligible to receive the |
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| maximum rate of
annuity and who resumes service as a judge |
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| after receiving a retirement
annuity under this Article shall |
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| have the amount of his or her
retirement annuity increased by |
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| 3% of the originally granted annuity amount
for each year of |
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| such resumed service, beginning in January of the year
next |
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| following the date of such resumed service, upon subsequent
|
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| termination of such resumed service.
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| Beginning January 1, 1990, all automatic annual increases |
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| payable
under this Section shall be calculated as a percentage |
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| of the total annuity
payable at the time of the increase, |
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| including previous increases granted
under this Article.
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| (Source: P.A. 86-273; 87-1265.)
|
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| (40 ILCS 5/18-128.01) (from Ch. 108 1/2, par. 18-128.01)
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| Sec. 18-128.01. Amount of survivor's annuity.
|
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| (a) Upon the death of
an annuitant, his or her surviving |
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| spouse shall be entitled to a survivor's
annuity of 66 2/3% of |
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| the annuity the annuitant was receiving immediately
prior to |
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| his or her death, inclusive of annual increases in the |
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| retirement
annuity to the date of death.
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| (b) Upon the death of an active participant, his or her |
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| surviving spouse
shall receive a survivor's annuity of 66 2/3% |
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| of the annuity earned by the
participant as of the date of his |
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| or her death, determined without regard
to whether the |
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| participant had attained age 60 as of that time, or 7 1/2%
of |
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| the last salary of the decedent, whichever is greater.
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| (c) Upon the death of a participant who had terminated |
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| service with at
least 10 years of service, his or her surviving |
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| spouse shall be entitled
to a survivor's annuity of 66 2/3% of |
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| the annuity earned by the deceased
participant at the date of |
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| death.
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| (d) Upon the death of an annuitant, active participant, or |
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| participant
who had terminated service with at least 10 years |
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| of service, each surviving
child under the age of 18 or |
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| disabled as defined in Section 18-128 shall
be entitled to a |
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| child's annuity in an amount equal to 5% of the decedent's
|
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| final salary, not to exceed in total for all such children the |
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| greater of
20% of the decedent's last salary or 66 2/3% of the |
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| annuity received or
earned by the decedent as provided under |
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| subsections (a) and (b) of this
Section. This child's annuity |
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| shall be paid whether or not a survivor's
annuity was elected |
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| under Section 18-123.
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| (e) The changes made in the survivor's annuity provisions |
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| by Public Act
82-306 shall apply to the survivors of a deceased |
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| participant or annuitant
whose death occurs on or after August |
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| 21, 1981.
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| (f) Beginning January 1, 1990, every survivor's annuity |
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| shall be
increased
(1) on each January 1 occurring on or after |
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| the commencement of the annuity if
the deceased member died |
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| while receiving a retirement annuity, or (2) in other cases,
on |
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| each January 1 occurring on or after the first anniversary of
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| the commencement of the annuity, by an amount equal to 3% of |
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| the current
amount of the annuity, including any previous |
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| increases under this Article.
Such increases shall apply |
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| without regard to whether the deceased member
was in service on |
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| or after the effective date of this amendatory Act of
1991, but |
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| shall not accrue for any period prior to January 1, 1990.
|
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| (g) Notwithstanding any other provision of this Article, |
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| the initial survivor's annuity for a survivor of a participant |
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| who first serves as a judge after July 1, 2010 shall be in the |
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| amount of 66 2/3% of the annuity received or earned by the |
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| decedent as provided under subsections (a) or (b) of this |
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| Section, and shall be increased (1) on each January 1 occurring |
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| on or after the commencement of the annuity if
the deceased |
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| participant died while receiving a retirement annuity, or (2) |
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| in other cases,
on each January 1 occurring on or after the |
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| first anniversary of
the commencement of the annuity, by an |
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| amount equal to 3% or the annual change in the Consumer Price |
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| Index for All Urban Consumers, whichever is less, of the |