94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0754


 
Introduced 2/1/2005, by Rep. Daniel J. Burke
 
SYNOPSIS AS INTRODUCED:
 		




















40 ILCS 5/6-128.4  from Ch. 108 1/2, par. 6-128.4


40 ILCS 5/6-141.1
  from Ch. 108 1/2, par. 6-141.1


40 ILCS 5/6-167
  from Ch. 108 1/2, par. 6-167



30 ILCS 805/8.29 new









    Amends the Chicago Firefighter Article of the Illinois Pension Code. Increases the minimum surviving spouse annuity to 100% of the retirement annuity to which the deceased firefighter was entitled at the time of death. Increases the required contribution for widow's annuity by 0.5% of salary.  Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
















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FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB0754

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1
    AN ACT concerning 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 changing 
5
Sections 6-128.4, 6-141.1, and 6-167 as follows:
 



6
    (40 ILCS 5/6-128.4)
  (from Ch. 108 1/2, par. 6-128.4)



7
    Sec. 6-128.4. Minimum widow's annuities. 

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    (a) Notwithstanding any other provision of this Article, 
9
beginning
January 1, 1996, the minimum amount of widow's 
10
annuity payable to any person
who is entitled to receive a 
11
widow's annuity under this Article is $700 per
month, without 
12
regard to whether the deceased fireman is in service on or 
13
after
the effective date of this amendatory Act of 1995.

14
    (b) Notwithstanding Section 6-128.3, beginning January 1, 
15
1994, the
minimum widow's annuity under this Article shall be 
16
$700 per month for (1) all
persons receiving widow's annuities 
17
on that date who are survivors of employees
who retired at age 
18
50 or over with at least 20 years of service, and (2)
persons 
19
who become eligible for widow's annuities and are survivors of

20
employees who retired at age 50 or over with at least 20 years 
21
of service.

22
    (c) Notwithstanding Section 6-128.3, beginning January 1, 
23
1999, the
minimum widow's annuity under this Article shall be 
24
$800 per month for (1) all
persons receiving widow's annuities 
25
on that date who are survivors of employees
who retired at age 
26
50 or over with at least 20 years of service, and (2)
persons 
27
who become eligible for widow's annuities and are survivors of

28
employees who retired at age 50 or over with at least 20 years 
29
of service.

30
    (d) Notwithstanding Section 6-128.3, beginning January 1, 
31
2004, the
minimum widow's annuity under this Article shall be 
32
$900 per month for all
persons receiving widow's annuities on 
 


 






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1
or after that date, without regard to
whether the deceased 
2
fireman is in service on or after the effective date of
this 
3
amendatory Act of the 93rd General Assembly.

4
    (e) Notwithstanding Section 6-128.3, beginning January 1, 
5
2005, the
minimum widow's annuity under this Article shall be 
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$1,000 per month for all
persons receiving widow's annuities on 
7
or after that date, without regard to
whether the deceased 
8
fireman is in service on or after the effective date of
this 
9
amendatory Act of the 93rd General Assembly.

10
    (f) Notwithstanding any other provision of this Article, 
11
beginning
January 1, 2006, the minimum amount of widow's 
12
annuity payable to any person
who is entitled to receive a 
13
widow's annuity under this Article is 100% of the amount of 
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retirement annuity that the deceased fireman was receiving on 
15
the date of death (or would have been
eligible to receive if he 
16
had retired from service on the day before his death), 
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including any increases that had accrued under Section 6-164 or 
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6-164.1.   The changes to this Section made by this amendatory 
19
Act of the 94th General Assembly apply without regard to 
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whether the deceased fireman is in service on or after
the 
21
effective date of this amendatory Act of the 94th General 
22
Assembly.

23
(Source: P.A. 93-654, eff. 1-16-04.)

 



24
    (40 ILCS 5/6-141.1)  (from Ch. 108 1/2, par. 6-141.1)



25
    Sec. 6-141.1. Widow's annuity; death after June 30, 1984.

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    (a) Notwithstanding the other provisions of this Article,

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the widow of a fireman who dies on or after June 30, 1984, 
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while receiving
a retirement annuity or while an active fireman 
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with at least 1 1/2 years
of creditable service, may elect to 
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have the amount of widow's annuity calculated in
accordance 
31
with this Section.

32
    (b) If the deceased fireman was an active fireman at the 
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time of his death
and had at least 1 1/2 years of creditable 
34
service, the widow's annuity
shall be the greater of (1) 30% of 
35
the salary attached to the rank of
first class firefighter
in 
 


 






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1
the classified career service at the time of the fireman's 
2
death, or
(2) 100%
50% of the retirement annuity that the 
3
deceased fireman would have been
eligible to receive if he had 
4
retired from service on the day before his death.

5
    (c) If the deceased fireman was receiving a retirement 
6
annuity at the
time of his death, the widow's annuity shall be 
7
equal to 100%
50% of the amount
of such retirement annuity at 
8
the time of the fireman's death, including any increases that 
9
had accrued under Section 6-164 or 6-164.1.  The changes to this 
10
Section made by this amendatory Act of the 94th General 
11
Assembly apply without regard to
whether the deceased fireman 
12
is in service on or after the effective date of
this amendatory 
13
Act of the 94th General Assembly.

14
(Source: P.A. 84-11.)

 



15
    (40 ILCS 5/6-167)  (from Ch. 108 1/2, par. 6-167)



16
    Sec. 6-167. Contributions for widow's annuity. Until 
17
January 1, 2006, 1.5% of salary and beginning January 1, 2006, 
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2.0% of salary
Beginning on the effective date and prior to 
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September 1, 1957,
1% of each payment of salary of not more 
20
than $3,000 of each employee and
beginning September 1, 1957, 
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1% of each payment of salary of not more than
$6,000 of each 
22
present employee and future entrant shall be deducted and

23
contributed to the fund for widow's annuity.  After September 1, 
24
1967
and prior to January 1, 1976,
1%,
and beginning January 1, 
25
1976, 1 1/2%
 of salary  without limitation shall be deducted 
26
from the pay of each
present employee and future entrant and 
27
contributed to the fund for widow's
annuity.  The deduction 
28
shall be made at the time the payments of salary are
payable 
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and shall continue during the service of the employee.
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    Concurrently with each contribution, the city shall 
31
contribute 2% of
each payment of salary.

32
    Each contribution by the employee and the city shall be 
33
allocated to the
accounts of and credited to the employee for 
34
widow's annuity.  

35
(Source: P.A. 79-633.)

 
 


 






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1
    Section 90. The State Mandates Act is amended by adding 
2
Section 8.29 as
follows:


 
3
    (30 ILCS 805/8.29 new)

4
    Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 
5
of this
Act, no reimbursement by the State is required for the 
6
implementation of
any mandate created by this amendatory Act of 
7
the 94th General Assembly.

 

8
    Section 99. Effective date. This Act takes effect upon 
9
becoming law.