093_HB0582sam001
LRB093 05648 EFG 17299 a
1 AMENDMENT TO HOUSE BILL 582
2 AMENDMENT NO. . Amend House Bill 582 by replacing
3 the title with the following:
4 "AN ACT in relation to public employee benefits."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. If and only if House Bill 581 of the 93rd
8 General Assembly becomes law, the Illinois Pension Code is
9 amended by changing Section 4-114 and adding Sections 6-210.2
10 and 6-227 as follows:
11 (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
12 Sec. 4-114. Pension to survivors. If a firefighter who
13 is not receiving a disability pension under Section 4-110 or
14 4-110.1 dies (1) as a result of any illness or accident, or
15 (2) from any cause while in receipt of a disability pension
16 under this Article, or (3) during retirement after 20 years
17 service, or (4) while vested for or in receipt of a pension
18 payable under subsection (b) of Section 4-109, or (5) while a
19 deferred pensioner, having made all required contributions, a
20 pension shall be paid to his or her survivors, based on the
21 monthly salary attached to the firefighter's rank on the last
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1 day of service in the fire department, as follows:
2 (a) To the surviving spouse, a monthly pension of 40% of
3 the monthly salary, and to the guardian of any minor child or
4 children including a child which has been conceived but not
5 yet born, 12% of such monthly salary for each such child
6 until attainment of age 18 or until the child's marriage,
7 whichever occurs first. Beginning July 1, 1993, the monthly
8 pension to the surviving spouse shall be 54% of the monthly
9 salary for all persons receiving a surviving spouse pension
10 under this Article, regardless of whether the deceased
11 firefighter was in service on or after the effective date of
12 this amendatory Act of 1993.
13 Beginning January 1, 2004, the total monthly pension
14 payable under this paragraph (a) to the surviving spouse of a
15 firefighter who died while receiving a retirement pension,
16 including any amount payable on account of children, shall be
17 no less than 100% of the monthly retirement pension that the
18 deceased firefighter was receiving at the time of death,
19 including any increases under Section 4-109.1. This minimum
20 applies to all such surviving spouses who are eligible to
21 receive a surviving spouse pension, regardless of whether the
22 deceased firefighter was in service on or after the effective
23 date of this amendatory Act of the 93rd General Assembly, and
24 notwithstanding any limitation on maximum pension under
25 paragraph (d) or any other provision of this Article.
26 The pension to the surviving spouse shall terminate in
27 the event of the surviving spouse's remarriage prior to July
28 1, 1993; remarriage on or after that date does not affect the
29 surviving spouse's pension, regardless of whether the
30 deceased firefighter was in service on or after the effective
31 date of this amendatory Act of 1993.
32 The surviving spouse's pension shall be subject to the
33 minimum established in Section 4-109.2.
34 (b) Upon the death of the surviving spouse leaving one
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1 or more minor children, to the duly appointed guardian of
2 each such child, for support and maintenance of each such
3 child until the child reaches age 18 or marries, whichever
4 occurs first, a monthly pension of 20% of the monthly salary.
5 (c) If a deceased firefighter leaves no surviving spouse
6 or unmarried minor children under age 18, but leaves a
7 dependent father or mother, to each dependent parent a
8 monthly pension of 18% of the monthly salary. To qualify for
9 the pension, a dependent parent must furnish satisfactory
10 proof that the deceased firefighter was at the time of his or
11 her death the sole supporter of the parent or that the parent
12 was the deceased's dependent for federal income tax purposes.
13 (d) The total pension provided under paragraphs (a), (b)
14 and (c) of this Section shall not exceed 75% of the monthly
15 salary of the deceased firefighter (1) when paid to the
16 survivor of a firefighter who has attained 20 or more years
17 of service credit and who receives or is eligible to receive
18 a retirement pension under this Article, or (2) when paid to
19 the survivor of a firefighter who dies as a result of illness
20 or accident, or (3) when paid to the survivor of a
21 firefighter who dies from any cause while in receipt of a
22 disability pension under this Article, or (4) when paid to
23 the survivor of a deferred pensioner. For all other
24 survivors of deceased firefighters, the total pension
25 provided under paragraphs (a), (b) and (c) of this Section
26 shall not exceed 50% of the retirement annuity the
27 firefighter would have received on the date of death.
28 The maximum pension limitations in this paragraph (d) do
29 not control over any contrary provision of this Article
30 explicitly establishing a minimum amount of pension or
31 granting a one-time or annual increase in pension.
32 (e) If a firefighter leaves no eligible survivors under
33 paragraphs (a), (b) and (c), the board shall refund to the
34 firefighter's estate the amount of his or her accumulated
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1 contributions, less the amount of pension payments, if any,
2 made to the firefighter while living.
3 (f) An adopted child is eligible for the pension
4 provided under paragraph (a) if the child was adopted before
5 the firefighter attained age 50.
6 (g) If a judgment of dissolution of marriage between a
7 firefighter and spouse is judicially set aside subsequent to
8 the firefighter's death, the surviving spouse is eligible for
9 the pension provided in paragraph (a) only if the judicial
10 proceedings are filed within 2 years after the date of the
11 dissolution of marriage and within one year after the
12 firefighter's death and the board is made a party to the
13 proceedings. In such case the pension shall be payable only
14 from the date of the court's order setting aside the judgment
15 of dissolution of marriage.
16 (h) Benefits payable on account of a child under this
17 Section shall not be reduced or terminated by reason of the
18 child's attainment of age 18 if he or she is then dependent
19 by reason of a physical or mental disability but shall
20 continue to be paid as long as such dependency continues.
21 Individuals over the age of 18 and adjudged as a disabled
22 person pursuant to Article XIa of the Probate Act of 1975,
23 except for persons receiving benefits under Article III of
24 the Illinois Public Aid Code, shall be eligible to receive
25 benefits under this Act.
26 (i) Beginning January 1, 2000, the pension of the
27 surviving spouse of a firefighter who dies on or after
28 January 1, 1994 as a result of sickness, accident, or injury
29 incurred in or resulting from the performance of an act of
30 duty or from the cumulative effects of acts of duty shall not
31 be less than 100% of the salary attached to the rank held by
32 the deceased firefighter on the last day of service,
33 notwithstanding subsection (d) or any other provision of this
34 Article.
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1 (j) (Blank). Each survivor's pension payable on January
2 1, 2004, shall be increased on that date, and on each January
3 1 thereafter, by an amount equal to 3% of the pension
4 otherwise payable at the time of the increase, including any
5 previous increases under this Article. This increase does
6 not apply to any survivor's pension that first becomes
7 payable after January 1, 2004.
8 (k) The provisions of subsection (j) were inadvertently
9 included in House Bill 581 of the 93rd General Assembly. It
10 is the intention of the General Assembly that those
11 provisions not take effect and to that end they are
12 superseded by this amendatory Act.
13 (Source: P.A. 91-466, eff. 8-6-99; 93HB0581enr.)
14 (40 ILCS 5/6-210.2 new)
15 Sec. 6-210.2. City contributions for paramedics.
16 Municipality credits computed and credited under Article 8
17 for all firemen who (1) accumulated service credit in the
18 Article 8 fund for service as a paramedic, (2) have
19 terminated that Article 8 service credit and received a
20 refund of contributions, and (3) are participants in this
21 Article 6 fund on the effective date of this amendatory Act
22 of the 93rd General Assembly shall be transferred by the
23 Article 8 fund to this Fund, together with interest at the
24 rate of 11% per annum, compounded annually, to the date of
25 the transfer, as provided in Section 8-172.1 of this Code.
26 These city contributions shall be credited to the individual
27 fireman only if he or she pays for prior service as a
28 paramedic in full to this Fund.
29 (40 ILCS 5/6-227 new)
30 Sec. 6-227. Transfer of creditable service to Article 5
31 fund.
32 (a) Any policeman as defined in Section 5-109 of this
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1 Code who is a participant in the pension fund established
2 under Article 5 of this Code, may apply for transfer of up to
3 10 years of his credits and creditable service accumulated in
4 this Fund to that Article 5 fund, if he or she applies to
5 transfer those credits and creditable service within 6 months
6 of the effective date of this amendatory Act of the 93rd
7 General Assembly. Such creditable service shall be
8 transferred forthwith. Payment by this Fund to the Article 5
9 fund shall be made at the same time and shall consist of:
10 (1) the amounts accumulated to the credit of the
11 applicant, including interest, on the books of the Fund
12 on the date of transfer, but excluding any additional or
13 optional credits, which credits shall be refunded to the
14 applicant; and
15 (2) municipality credits computed and credited
16 under this Article, including interest, on the books of
17 the Fund on the date the member terminated service under
18 the Fund.
19 Participation in this Fund as to any credits transferred
20 under this Section shall terminate on the date of transfer.
21 (b) Any such elected policeman may reinstate credits and
22 creditable service terminated upon receipt of a separation
23 benefit, by payment to the Fund of the amount of the
24 separation benefit plus interest thereon to the date of
25 payment.
26 Section 90. The State Mandates Act is amended by adding
27 Section 8.27 as follows:
28 (30 ILCS 805/8.27 new)
29 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
30 and 8 of this Act, no reimbursement by the State is required
31 for the implementation of any mandate created by this
32 amendatory Act of the 93rd General Assembly.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.".