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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1445
Introduced 2/21/2007, by Rep. Michael P. McAuliffe SYNOPSIS AS INTRODUCED:
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40 ILCS 5/5-152 |
from Ch. 108 1/2, par. 5-152 |
30 ILCS 805/8.31 new |
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Amends the Chicago Police Article of the Illinois Pension Code. Provides that, for the purposes of child's annuities, no age limitation shall apply to a child who is so physically or mentally handicapped as to be unable to support himself or herself. 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 |
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A BILL FOR
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HB1445 |
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LRB095 10172 AMC 30386 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing |
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| Section 5-152 as follows:
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| (40 ILCS 5/5-152) (from Ch. 108 1/2, par. 5-152)
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| Sec. 5-152. Child's annuity - Conditions - Amount. A |
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| child's
annuity shall be payable in the following cases of |
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| policemen who die
on or after the effective date: (a) A |
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| policeman whose death results
from injury incurred in the |
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| performance of an act or acts of duty;
(b) a policeman who dies |
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| in service from any cause; (c) a policeman
who withdraws upon |
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| or after attainment of age 50 and who enters upon
or is |
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| eligible for annuity; (d) a present employee with at least 20
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| years of service who dies after withdrawal, whether or not he |
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| has
entered upon annuity.
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| A child to be eligible must have been born or legally |
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| adopted
before the policeman has withdrawn from service. In the |
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| case of an adopted
child, the policeman shall be married and |
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| living with his wife at the
time of the adoption, and the |
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| proceedings for adoption must have been
initiated at least 6 |
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| months prior to the policeman's death. The requirement
that the |
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| proceedings for adoption be initiated at least 6 months prior |
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HB1445 |
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LRB095 10172 AMC 30386 b |
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| to
the policeman's death does not apply where death occurs as a |
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| result of
an act of duty.
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| Only one annuity shall be granted and paid for the benefit |
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| of
any child if both parents have been policemen.
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| The annuity shall be paid, without regard to the fact that
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| the death of the deceased policeman parent may have occurred |
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| prior to
the effective date of this amendatory Act of 1975, in
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| an amount equal to 10% of the
annual maximum salary attached to |
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| the classified civil
service position of a first class |
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| patrolman
on July 1, 1975, or the date of the policeman's |
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| death, whichever is later,
for each child while a widow or |
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| widower of the
deceased policeman survives and in
an amount |
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| equal to 15% of the annual maximum
salary attached to the |
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| classified civil service position of a first
class patrolman on |
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| July 1, 1975, or the date of the policeman's death, whichever
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| is later, while no widow
or widower shall survive,
provided |
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| that if the combined annuities for the widow
and children of a |
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| policeman who dies on or after September 26, 1969,
as the |
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| result of an act of duty, or for the children of such
policeman |
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| in any case wherein a widow or widower does not exist,
exceed |
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| the salary that would ordinarily have been paid to him if
he |
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| had been in the active discharge of his duties, all such |
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| annuities shall be
reduced pro rata so that the combined |
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| annuities for the family shall
not exceed such limitation. The |
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| compensation portion of the annuity
of the widow shall not be |
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| considered in making such reduction.
No age limitation in this |
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HB1445 |
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LRB095 10172 AMC 30386 b |
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| Section or Section 5-151 shall apply to a child who is so |
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| physically or mentally handicapped as to be unable to support |
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| himself or herself. Benefits payable under this Section shall |
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| not be reduced or
terminated by reason of any child's |
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| attainment of age 18 if he is then
dependent by reason of a |
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| physical or mental disability but shall continue
to be paid as |
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| long as such dependency continues. For the purposes of this
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| subsection, "disability" means inability to engage in any |
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| substantial
gainful activity by reason of any medically |
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| determinable physical or
mental impairment which can be |
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| expected to result in death or which has
lasted or can be |
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| expected to last for a continuous period of not less
than 12 |
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| months.
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| In the case of a family of a policeman who dies on or after
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| September 26, 1969, as the result of any cause other than the |
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| performance
of an act of duty, in which annuities for such |
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| family exceed an amount
equal to 60% of the salary that would |
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| ordinarily have been paid to
him if he had been in the active |
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| discharge of his duties, all such
annuities shall be reduced |
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| pro rata so that the combined annuities shall
not exceed such |
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| limitation.
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| Child's annuity shall be paid to the parent providing for
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| the child, unless another person is appointed by a court of law |
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| as
the child's guardian.
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| (Source: P.A. 79-699; 79-881; 79-1454.)
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