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1 | AN ACT in relation to public employee benefits.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||
5 | Sections 6-142 and 6-210.1 as follows:
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6 | (40 ILCS 5/6-142)
(from Ch. 108 1/2, par. 6-142)
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7 | Sec. 6-142. Wives and widows not entitled to annuities.
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8 | (A) Except as provided in subsection (B), the following | ||||||
9 | wives
or widows have no right to annuity from the fund:
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10 | (a) A wife or widow married subsequent to the effective | ||||||
11 | date of a
fireman who dies in service if she was not | ||||||
12 | married to him before he
attained age 63;
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13 | (b) A wife or widow of a fireman who withdraws, whether | ||||||
14 | or not he
enters upon annuity, and dies while out of | ||||||
15 | service, if the marriage
occurred after the effective date | ||||||
16 | and she was not his wife while he was
in service and before | ||||||
17 | he attained age 63;
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18 | (c) A wife or widow of a fireman who (1) has served 10 | ||||||
19 | or more
years, (2) dies out of service after he has | ||||||
20 | withdrawn from service, and
(3) has withdrawn or applied | ||||||
21 | for refund of the sums to his credit for
annuity to which | ||||||
22 | he had a right to refund;
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23 | (d) A wife or widow of a fireman who dies out of | ||||||
24 | service after he
has withdrawn before age 63, and who has | ||||||
25 | not served at least 10 years;
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26 | (e) A wife whose marriage was dissolved or widow of a | ||||||
27 | fireman whose
judgment of dissolution of marriage from her | ||||||
28 | fireman husband is annulled,
vacated or set aside by | ||||||
29 | proceedings in court subsequent to the death of the
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30 | fireman, unless (1) such proceedings are filed within 5 | ||||||
31 | years after the date
of the dissolution of marriage and | ||||||
32 | within one year after the death of the
fireman and (2) the |
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1 | board is made a party to the proceedings;
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2 | (f) A wife or widow who married the fireman while he | ||||||
3 | was in receipt
of disability benefit or disability pension | ||||||
4 | from this fund, unless he
returned to the service | ||||||
5 | subsequent to the marriage and remained therein
for a | ||||||
6 | period or periods aggregating one year, or died while in | ||||||
7 | service.
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8 | (B) Beginning on January 16, 2004
the effective date of | ||||||
9 | this amendatory Act of the
93rd General Assembly , the | ||||||
10 | limitation on marriage after withdrawal
under subdivision | ||||||
11 | (A)(b) and the limitation on marriage during disability
under | ||||||
12 | subdivision (A)(f) no longer apply to a widow who was married | ||||||
13 | to the
deceased fireman before the fireman begins to receive a | ||||||
14 | retirement annuity
and for at least one year immediately | ||||||
15 | preceding the date of death, regardless
of whether the deceased | ||||||
16 | fireman is in service on or after the effective date
of Public | ||||||
17 | Act 93-654 or this amendatory Act of the 93rd General Assembly; | ||||||
18 | except that this
subsection (B) does not apply to the widow of | ||||||
19 | a fireman who received a refund
of contributions for widow's | ||||||
20 | annuity under Section 6-160, unless the refund
is repaid to the | ||||||
21 | Fund, with interest at the rate of 4% per year, compounded
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22 | annually, from the date of the refund to the date of repayment. | ||||||
23 | If the widow
of a fireman who died before January 16, 2004
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24 | the effective date of this amendatory Act becomes
eligible for | ||||||
25 | a widow's annuity because of Public Act 93-654
this amendatory | ||||||
26 | Act , the annuity
shall begin to accrue on the date of | ||||||
27 | application for the annuity, but in no
event sooner than | ||||||
28 | January 16, 2004
the effective date of this amendatory Act . | ||||||
29 | The changes to this Section made by this amendatory Act of | ||||||
30 | the 93rd General Assembly apply without regard to whether the | ||||||
31 | deceased fireman was in service on or after its effective date. | ||||||
32 | If the widow
of a fireman who died before the effective date of | ||||||
33 | this amendatory Act of the 93rd General Assembly becomes
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34 | eligible for a widow's annuity because of this amendatory Act, | ||||||
35 | the annuity
shall begin to accrue on the date of application | ||||||
36 | for the annuity, but in no
event sooner than January 16, 2004.
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1 | (Source: P.A. 93-654, eff. 1-16-04.)
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2 | (40 ILCS 5/6-210.1)
(from Ch. 108 1/2, par. 6-210.1)
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3 | Sec. 6-210.1. Credit for former employment with the fire | ||||||
4 | department.
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5 | (a) Any fireman who (1) accumulated service credit in the | ||||||
6 | Article 8 fund for
service as an employee of the Chicago Fire | ||||||
7 | Department and (2) has terminated
that Article 8 service credit | ||||||
8 | and received a refund of contributions therefor,
may establish | ||||||
9 | service credit in this Fund for all or any part of that period | ||||||
10 | of
service under the Article 8 fund by making written | ||||||
11 | application to the Board by
January 1, 2005
2000 and paying to | ||||||
12 | this Fund (i) employee contributions based upon
the actual | ||||||
13 | salary received and the rates in effect for members of this | ||||||
14 | Fund at
the time of such service, plus (ii) interest thereon | ||||||
15 | calculated as follows:
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16 | (1) For applications received by the Board before July | ||||||
17 | 14, 1995, interest shall be calculated
on the amount of | ||||||
18 | employee contributions determined under item (i) above, at | ||||||
19 | the
rate of 4% per annum, compounded annually, from the | ||||||
20 | date of termination of such
service to the date of payment.
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21 | (2) For applications received by the Board on or after | ||||||
22 | July 14, 1995, interest shall be calculated
on the amount | ||||||
23 | of employee contributions determined under item (i) above, | ||||||
24 | at the
rate of 4% per annum, compounded annually, from the | ||||||
25 | first date of the period
for which credit is being | ||||||
26 | established under this subsection (a) to the date of
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27 | payment.
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28 | A fireman who (1) retired on or after January 16, 2004 and | ||||||
29 | on or before the effective date of this amendatory Act of the | ||||||
30 | 93rd General Assembly and (2) files an application to establish | ||||||
31 | service credit under this subsection (a) before January 1, | ||||||
32 | 2005, shall have his or her pension recalculated prospectively | ||||||
33 | to include the service credit established under this subsection | ||||||
34 | (a).
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35 | (b) A fireman who, at any time during the period 1970 |
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1 | through 1983, was
an employee of the Chicago Fire Department | ||||||
2 | but did not participate in any
pension fund subject to this | ||||||
3 | Code with respect to that employment may establish
service | ||||||
4 | credit in this Fund for all or any part of that employment by | ||||||
5 | making
written application to the Board by January 1, 2005
and | ||||||
6 | paying to
this Fund (i)
employee contributions based upon the | ||||||
7 | actual salary received and the rates in
effect for members of | ||||||
8 | this Fund at the time of that employment, plus (ii)
interest | ||||||
9 | thereon calculated at the rate of 4% per annum, compounded | ||||||
10 | annually,
from the first date of the employment for which | ||||||
11 | credit is being established
under this subsection (b) to the | ||||||
12 | date of payment.
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13 | (c) A fireman may pay the contributions required for | ||||||
14 | service credit under
this Section established on or after July | ||||||
15 | 14, 1995 in the form of payroll deductions, in accordance with
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16 | such procedures and limitations as may be established by Board | ||||||
17 | rule and any
applicable rules or ordinances of the employer.
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18 | (d) Employer contributions shall be transferred as | ||||||
19 | provided in Sections
6-210.2 and 8-172.1. The employer shall | ||||||
20 | not be responsible for making any
additional employer | ||||||
21 | contributions for any credit established under this
Section.
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22 | (Source: P.A. 93-654, eff. 1-16-04.)
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23 | Section 90. The State Mandates Act is amended by adding | ||||||
24 | Section 8.28 as
follows:
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25 | (30 ILCS 805/8.28 new)
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26 | Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
27 | of this
Act, no reimbursement by the State is required for the | ||||||
28 | implementation of
any mandate created by this amendatory Act of | ||||||
29 | the 93rd General Assembly.
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30 | Section 99. Effective date. This Act takes effect upon | ||||||
31 | becoming law.
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