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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 | Section
17-122 as follows:
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6 | (40 ILCS 5/17-122) (from Ch. 108 1/2, par. 17-122)
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7 | Sec. 17-122. Survivor's and children's pensions - Amount. | ||||||||||||||||||||||||||
8 | Upon the
death of a teacher who has completed at least 1 1/2 | ||||||||||||||||||||||||||
9 | years of
contributing service with either this Fund or the | ||||||||||||||||||||||||||
10 | State Universities
Retirement System or the Teachers' | ||||||||||||||||||||||||||
11 | Retirement System of the State of
Illinois, provided his death | ||||||||||||||||||||||||||
12 | occurred while (a) in active service
covered by the Fund or | ||||||||||||||||||||||||||
13 | during his first 18 months of continuous
employment without a | ||||||||||||||||||||||||||
14 | break in service under any other participating
system as | ||||||||||||||||||||||||||
15 | defined in the Illinois Retirement Systems Reciprocal Act
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16 | except the State Universities Retirement System and the | ||||||||||||||||||||||||||
17 | Teachers'
Retirement System of the State of Illinois, (b) on a | ||||||||||||||||||||||||||
18 | creditable leave of
absence, (c) on a noncreditable leave of | ||||||||||||||||||||||||||
19 | absence of no more than one
year, or (d) a pension was deferred | ||||||||||||||||||||||||||
20 | or pending provided the teacher had
at least 10 years of | ||||||||||||||||||||||||||
21 | validated service credit, or upon the death of a
pensioner | ||||||||||||||||||||||||||
22 | otherwise qualified for such benefit, the surviving spouse and
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23 | unmarried minor children of the deceased teacher under age 18 |
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1 | shall be
entitled to pensions, under the conditions stated | ||||||
2 | hereinafter. Such
survivor's and children's pensions shall be | ||||||
3 | based on the average of the
4 highest consecutive years of | ||||||
4 | salary in the last 10 years of service or
on the average salary | ||||||
5 | for total service, if total service has been less
than 4 years, | ||||||
6 | according to the following percentages:
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7 | 30% of average salary or 50% of the retirement pension | ||||||
8 | earned by the
teacher, whichever is larger, subject to the | ||||||
9 | prescribed maximum monthly
payment, for a surviving spouse | ||||||
10 | alone on attainment of age 50;
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11 | 60% of average salary for a surviving spouse and eligible | ||||||
12 | minor
children of the deceased teacher.
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13 | If no eligible spouse survives, or the surviving spouse | ||||||
14 | remarries, or
the parent of the children of the deceased member | ||||||
15 | is otherwise
ineligible for a survivor's pension, a children's | ||||||
16 | pension for eligible
minor children under age 18 shall be paid | ||||||
17 | to their parent or legal
guardian for their benefit according | ||||||
18 | to the following percentages:
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19 | 30% of average salary for one child;
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20 | 60% of average salary for 2 or more children.
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21 | On January 1, 1981, any survivor or child who was receiving | ||||||
22 | a survivor's
or children's pension on or before January 1, | ||||||
23 | 1971, shall have his survivor's
or children's pension then | ||||||
24 | being paid increased by 1% for each full year
which has elapsed | ||||||
25 | from the date the pension began. On January 1, 1982,
any | ||||||
26 | survivor or child whose pension began after January 1, 1971, |
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1 | but before
January 1, 1981, shall have his survivor's or | ||||||
2 | children's pension then being
paid increased 1% for each full | ||||||
3 | year which has elapsed from the date the
pension began. On | ||||||
4 | January 1, 1987, any survivor or child whose pension began
on | ||||||
5 | or before January 1, 1977, shall have the monthly survivor's or
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6 | children's pension increased by $1 for each full year which has | ||||||
7 | elapsed
since the pension began.
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8 | Beginning January 1, 1990, every survivor's and children's | ||||||
9 | pension shall be
increased (1) on each January 1 occurring on | ||||||
10 | or after the commencement of the
pension if the deceased | ||||||
11 | teacher died while receiving a retirement pension, or
(2) in | ||||||
12 | other cases, on each January 1 occurring on or after the first
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13 | anniversary of the commencement of the pension, by an amount | ||||||
14 | equal to 3% of the
current amount of the pension, including all | ||||||
15 | increases previously granted under
this Article, | ||||||
16 | notwithstanding Section 17-157. Such increases shall apply
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17 | without regard to whether the deceased teacher was in service | ||||||
18 | on or after the
effective date of this amendatory Act of 1991, | ||||||
19 | but shall not accrue for any
period prior to January 1, 1990.
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20 | Subject to the minimum established below, the maximum | ||||||
21 | amount of
pension for a surviving spouse alone or one
minor | ||||||
22 | child shall be $400 per month, and the maximum combined | ||||||
23 | pensions for
a surviving spouse and children of the deceased | ||||||
24 | teacher shall be $600
per month, with individual pensions | ||||||
25 | adjusted for all beneficiaries
pro rata to conform with this | ||||||
26 | limitation. If proration is unnecessary
the minimum survivor's |
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1 | and children's pensions shall be $40 per month. The
minimum | ||||||
2 | total survivor's and children's pension payable upon the death | ||||||
3 | of a
contributor or annuitant which occurs after December 31, | ||||||
4 | 1986, shall be 50% of
the earned retirement pension of such | ||||||
5 | contributor or annuitant, calculated
without early retirement | ||||||
6 | discount in the case of death in service.
Beginning January 1, | ||||||
7 | 2008, the minimum total survivor's pension payable upon
the | ||||||
8 | death of a contributor or annuitant that occurred before | ||||||
9 | January 1, 1987
shall be 50% of the earned retirement pension | ||||||
10 | of the contributor or annuitant,
calculated without early | ||||||
11 | retirement discount in the case of death in service,
and | ||||||
12 | notwithstanding Section 17-157.
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13 | On death after retirement, the total survivor's and | ||||||
14 | children's
pensions shall not exceed the monthly retirement or | ||||||
15 | disability pension
paid to the deceased retirant. Survivor's | ||||||
16 | and children's benefits described
in this Section shall apply | ||||||
17 | to all service and disability pensioners eligible
for a pension | ||||||
18 | as of July 1, 1981.
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19 | (Source: P.A. 90-32, eff. 6-27-97; 90-566, eff. 1-2-98.)
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20 | Section 90. The State Mandates Act is amended by adding | ||||||
21 | Section 8.31 as follows: | ||||||
22 | (30 ILCS 805/8.31 new) | ||||||
23 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
24 | of this Act, no reimbursement by the State is required for the |
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1 | implementation of any mandate created by this amendatory Act of | ||||||
2 | the 95th General Assembly. | ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law. |