093_HB2620

 
                                     LRB093 03398 LRD 03416 b

 1        AN ACT in relation to public employee benefits.

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

 4        Section 5.  The  Illinois  Pension  Code  is  amended  by
 5    changing Section 4-114 as follows:

 6        (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
 7        Sec.  4-114.  Pension to survivors.  If a firefighter who
 8    is not receiving a disability pension under Section 4-110  or
 9    4-110.1  dies  (1) as a result of any illness or accident, or
10    (2) from any cause while in receipt of a  disability  pension
11    under  this  Article, or (3) during retirement after 20 years
12    service, or (4) while vested for or in receipt of  a  pension
13    payable under subsection (b) of Section 4-109, or (5) while a
14    deferred pensioner, having made all required contributions, a
15    pension  shall  be paid to his or her survivors, based on the
16    monthly salary attached to the firefighter's rank on the last
17    day of service in the fire department, as follows:
18        (a)  To the surviving spouse, a monthly pension of 40% of
19    the monthly salary, and to the guardian of any minor child or
20    children including a child which has been conceived  but  not
21    yet  born,  12%  of  such  monthly salary for each such child
22    until attainment of age 18 or  until  the  child's  marriage,
23    whichever  occurs first.  Beginning July 1, 1993, the monthly
24    pension to the surviving spouse shall be 54% of  the  monthly
25    salary  for  all persons receiving a surviving spouse pension
26    under  this  Article,  regardless  of  whether  the  deceased
27    firefighter was in service on or after the effective date  of
28    this  amendatory  Act  of 1993. Beginning on January 1, 2004,
29    the monthly pension to the surviving spouse shall be equal to
30    the monthly pension to which  the  firefighter  was  entitled
31    under  this  Article  at  the  time  of  his  or  her  death,
 
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 1    regardless of whether the deceased firefighter was in service
 2    on  or after the effective date of this amendatory Act of the
 3    93rd General Assembly.
 4        The pension to the surviving spouse  shall  terminate  in
 5    the  event of the surviving spouse's remarriage prior to July
 6    1, 1993; remarriage on or after that date does not affect the
 7    surviving  spouse's  pension,  regardless  of   whether   the
 8    deceased firefighter was in service on or after the effective
 9    date of this amendatory Act of 1993.
10        The  surviving  spouse's  pension shall be subject to the
11    minimum established in Section 4-109.2.
12        (b)  Upon the death of the surviving spouse  leaving  one
13    or  more  minor  children,  to the duly appointed guardian of
14    each such child, for support and  maintenance  of  each  such
15    child  until  the  child reaches age 18 or marries, whichever
16    occurs first, a monthly pension of 20% of the monthly salary.
17    Beginning on January 1, 2004, upon the death of the surviving
18    spouse leaving one  or  more  minor  children,  to  the  duly
19    appointed  guardian  of  each  such  child,  for  support and
20    maintenance of each such child until the child reaches age 18
21    or marries, whichever occurs first, an  equal  share  of  the
22    pension  that was paid to the surviving spouse, regardless of
23    whether the  deceased  firefighter  was  in  service  on  the
24    effective  date  of  this  amendatory Act of the 93rd General
25    Assembly.
26        (c)  If a deceased firefighter leaves no surviving spouse
27    or unmarried minor  children  under  age  18,  but  leaves  a
28    dependent  father  or  mother,  to  each  dependent  parent a
29    monthly pension of 18% of the monthly  salary.  Beginning  on
30    January   1,  2004,  if  a  deceased  firefighter  leaves  no
31    surviving spouse or unmarried minor children  under  age  18,
32    but  leaves  a  dependent  father  or  mother,  the dependent
33    parents of the firefighter shall be entitled  to  receive  or
34    share a pension equal to the pension to which the firefighter
 
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 1    was  entitled  at the time of his or her death, regardless of
 2    whether the  deceased  firefighter  was  in  service  on  the
 3    effective  date  of  this  amendatory Act of the 93rd General
 4    Assembly. To qualify for the pension, a dependent parent must
 5    furnish satisfactory proof that the deceased firefighter  was
 6    at  the  time  of  his or her death the sole supporter of the
 7    parent or that the parent was the  deceased's  dependent  for
 8    federal income tax purposes.
 9        (d)  The total pension provided under paragraphs (a), (b)
10    and  (c)  of this Section shall not exceed 75% of the monthly
11    salary of the deceased  firefighter  (1)  when  paid  to  the
12    survivor  of  a firefighter who has attained 20 or more years
13    of service credit and who receives or is eligible to  receive
14    a  retirement pension under this Article, or (2) when paid to
15    the survivor of a firefighter who dies as a result of illness
16    or  accident,  or  (3)  when  paid  to  the  survivor  of   a
17    firefighter  who  dies  from  any cause while in receipt of a
18    disability pension under this Article, or (4)  when  paid  to
19    the   survivor  of  a  deferred  pensioner.   For  all  other
20    survivors  of  deceased  firefighters,  the   total   pension
21    provided  under  paragraphs  (a), (b) and (c) of this Section
22    shall  not  exceed  50%  of  the   retirement   annuity   the
23    firefighter would have received on the date of death.
24        (e)  If  a firefighter leaves no eligible survivors under
25    paragraphs (a), (b) and (c), the board shall  refund  to  the
26    firefighter's  estate  the  amount  of his or her accumulated
27    contributions, less the amount of pension payments,  if  any,
28    made to the firefighter while living.
29        (f)  An   adopted  child  is  eligible  for  the  pension
30    provided under paragraph (a) if the child was adopted  before
31    the firefighter attained age 50.
32        (g)  If  a  judgment of dissolution of marriage between a
33    firefighter and spouse is judicially set aside subsequent  to
34    the firefighter's death, the surviving spouse is eligible for
 
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 1    the  pension  provided  in paragraph (a) only if the judicial
 2    proceedings are filed within 2 years after the  date  of  the
 3    dissolution  of  marriage  and  within  one  year  after  the
 4    firefighter's  death  and  the  board  is made a party to the
 5    proceedings. In such case the pension shall be  payable  only
 6    from the date of the court's order setting aside the judgment
 7    of dissolution of marriage.
 8        (h)  Benefits  payable  on  account of a child under this
 9    Section shall not be reduced or terminated by reason  of  the
10    child's  attainment  of age 18 if he or she is then dependent
11    by reason of  a  physical  or  mental  disability  but  shall
12    continue  to  be  paid  as long as such dependency continues.
13    Individuals over the age of 18 and  adjudged  as  a  disabled
14    person  pursuant  to  Article XIa of the Probate Act of 1975,
15    except for persons receiving benefits under  Article  III  of
16    the  Illinois  Public  Aid Code, shall be eligible to receive
17    benefits under this Act.
18        (i)  Beginning  January  1,  2000,  the  pension  of  the
19    surviving spouse of  a  firefighter  who  dies  on  or  after
20    January  1, 1994 as a result of sickness, accident, or injury
21    incurred in or resulting from the performance of  an  act  of
22    duty or from the cumulative effects of acts of duty shall not
23    be  less than 100% of the salary attached to the rank held by
24    the  deceased  firefighter  on  the  last  day  of   service,
25    notwithstanding subsection (d) or any other provision of this
26    Article.
27    (Source: P.A. 91-466, eff. 8-6-99.)

28        Section  90.  The State Mandates Act is amended by adding
29    Section 8.27 as follows:

30        (30 ILCS 805/8.27 new)
31        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
32    and  8 of this Act, no reimbursement by the State is required
 
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 1    for  the  implementation  of  any  mandate  created  by  this
 2    amendatory Act of the 93rd General Assembly.

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