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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||||||
5 | Sections 11-134 and 11-145.1 as follows:
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6 | (40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
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7 | Sec. 11-134. Minimum annuities.
| ||||||||||||||||||||||||||||
8 | (a) An employee whose withdrawal occurs after July 1, 1957 | ||||||||||||||||||||||||||||
9 | at age 60 or
over, with 20 or more years of service, (as | ||||||||||||||||||||||||||||
10 | service is defined or computed
in Section 11-216), for whom the | ||||||||||||||||||||||||||||
11 | age and service and prior service annuity
combined is less than | ||||||||||||||||||||||||||||
12 | the amount stated in this Section, shall, from and
after the | ||||||||||||||||||||||||||||
13 | date of withdrawal, in lieu of all annuities otherwise provided
| ||||||||||||||||||||||||||||
14 | in this Article, be entitled to receive an annuity for life of | ||||||||||||||||||||||||||||
15 | an amount
equal to 1 2/3% for each year of service, of the | ||||||||||||||||||||||||||||
16 | highest average annual
salary for any 5 consecutive years | ||||||||||||||||||||||||||||
17 | within the last 10 years of service
immediately preceding the | ||||||||||||||||||||||||||||
18 | date of withdrawal; provided, that in the case of
any employee | ||||||||||||||||||||||||||||
19 | who withdraws on or after July 1, 1971, such employee age 60
or | ||||||||||||||||||||||||||||
20 | over with 20 or more years of service, shall be entitled to | ||||||||||||||||||||||||||||
21 | instead
receive an annuity for life equal to 1.67% for each of | ||||||||||||||||||||||||||||
22 | the first 10 years
of service; 1.90% for each of the next 10 | ||||||||||||||||||||||||||||
23 | years of service; 2.10% for each
year of service in excess of |
| |||||||
| |||||||
1 | 20 but not exceeding 30; and 2.30% for each
year of service in | ||||||
2 | excess of 30, based on the highest average annual salary
for | ||||||
3 | any 4 consecutive years within the last 10 years of service | ||||||
4 | immediately
preceding the date of withdrawal.
| ||||||
5 | An employee who withdraws after July 1, 1957 and before | ||||||
6 | January 1,
1988, with 20 or more years of service, before age | ||||||
7 | 60, shall be entitled to
an annuity, to begin not earlier than | ||||||
8 | age 55, if under such age at
withdrawal, as computed in the | ||||||
9 | last preceding paragraph, reduced 0.25% if
the employee was | ||||||
10 | born before January 1, 1936, or 0.5% if the employee was
born | ||||||
11 | on or after January 1, 1936, for each full month or fractional | ||||||
12 | part
thereof that his attained age when such annuity is to | ||||||
13 | begin is less than 60.
| ||||||
14 | Any employee born before January 1, 1936 who withdraws
with | ||||||
15 | 20 or more years of service, and any employee with 20 or more | ||||||
16 | years of
service who withdraws on or after January 1, 1988, may | ||||||
17 | elect to receive, in
lieu of any other employee
annuity | ||||||
18 | provided in this Section, an annuity for life equal to 1.80% | ||||||
19 | for
each of the first 10 years of service, 2.00% for each of | ||||||
20 | the next 10 years
of service, 2.20% for each year of service in | ||||||
21 | excess of 20, but not
exceeding 30, and 2.40% for each year of | ||||||
22 | service in excess of 30,
of the highest average annual salary | ||||||
23 | for any 4
consecutive years within the last 10 years of service | ||||||
24 | immediately preceding
the date of withdrawal, to begin not | ||||||
25 | earlier than upon attained age of 55
years, if under such age | ||||||
26 | at withdrawal, reduced 0.25% for each full month
or fractional |
| |||||||
| |||||||
1 | part thereof that his attained age when annuity is to begin
is | ||||||
2 | less than 60; except that an employee retiring on or after | ||||||
3 | January 1,
1988, at age 55 or over but less than age 60, having | ||||||
4 | at least 35 years of
service, or an employee retiring on or | ||||||
5 | after July 1, 1990, at age 55
or over but less than age 60, | ||||||
6 | having at least 30 years of service,
or an employee retiring on | ||||||
7 | or after the effective date of this amendatory Act
of 1997, at | ||||||
8 | age 55 or over but less than age 60, having at least 25 years of
| ||||||
9 | service, shall not be subject to the reduction in retirement | ||||||
10 | annuity because
of retirement below age 60.
| ||||||
11 | However, in the case of an employee who retired on or after | ||||||
12 | January 1,
1985 but before January 1, 1988, at age 55 or older | ||||||
13 | and with at least 35
years of service, and who was subject | ||||||
14 | under this subsection (a) to the
reduction in retirement | ||||||
15 | annuity because of retirement below age 60, that
reduction | ||||||
16 | shall cease to be effective January 1, 1991, and the retirement
| ||||||
17 | annuity shall be recalculated accordingly.
| ||||||
18 | Any employee who withdraws on or after July 1, 1990, with | ||||||
19 | 20 or more
years of service, may elect to receive, in lieu of | ||||||
20 | any other employee
annuity provided in this Section, an annuity | ||||||
21 | for life equal to 2.20% for
each year of service if withdrawal | ||||||
22 | is before January 1, 2002, or
2.40% for each year of service if | ||||||
23 | withdrawal is on or after January 1,
2002, of the highest | ||||||
24 | average annual salary for any 4
consecutive years within the | ||||||
25 | last 10 years of service immediately preceding
the date of | ||||||
26 | withdrawal, to begin not earlier than upon attained age of 55
|
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| |||||||
1 | years, if under such age at withdrawal, reduced 0.25% for each | ||||||
2 | full month
or fractional part thereof that his attained age | ||||||
3 | when annuity is to begin
is less than 60; except that an | ||||||
4 | employee retiring at age 55 or over but
less than age 60, | ||||||
5 | having at least 30 years of service, shall not be subject
to | ||||||
6 | the reduction in retirement annuity because of retirement below | ||||||
7 | age 60.
| ||||||
8 | Any employee who withdraws on or after the effective date | ||||||
9 | of this
amendatory Act of 1997 with 20 or more years of service | ||||||
10 | may elect to receive,
in lieu of any other employee annuity | ||||||
11 | provided in this Section, an annuity for
life equal to 2.20% | ||||||
12 | for each year of service if withdrawal is before
January 1, | ||||||
13 | 2002, or 2.40% for each year of service if withdrawal is
on or
| ||||||
14 | after January 1, 2002, of the
highest average annual
salary for | ||||||
15 | any 4 consecutive years within the last 10 years of service
| ||||||
16 | immediately preceding the date of withdrawal, to begin not | ||||||
17 | earlier than upon
attainment of age 55 (age 50 if the employee | ||||||
18 | has at least 30 years of service),
reduced 0.25% for each full | ||||||
19 | month or remaining fractional part thereof that the
employee's | ||||||
20 | attained age when annuity is to begin is less than 60; except | ||||||
21 | that
an employee retiring at age 50 or over with at least 30 | ||||||
22 | years of service or at
age 55 or over with at least 25 years of | ||||||
23 | service shall not be subject to the
reduction in retirement | ||||||
24 | annuity because of retirement below age 60.
| ||||||
25 | The maximum annuity payable under this paragraph (a) of | ||||||
26 | this Section
shall not exceed 70% of highest average annual |
| |||||||
| |||||||
1 | salary in the case of an
employee who withdraws prior to July | ||||||
2 | 1, 1971, 75% if withdrawal takes place on
or after July 1, 1971 | ||||||
3 | and prior to January 1, 2002, or 80% if
withdrawal
is on or | ||||||
4 | after January 1, 2002. For the purpose of the
minimum annuity
| ||||||
5 | provided in said paragraphs $1,500 shall be considered the | ||||||
6 | minimum annual
salary for any year; and the maximum annual | ||||||
7 | salary to be considered for the
computation of such annuity | ||||||
8 | shall be $4,800 for any year prior to 1953,
$6,000 for the | ||||||
9 | years 1953 to 1956, inclusive, and the actual annual salary,
as | ||||||
10 | salary is defined in this Article, for any year thereafter.
| ||||||
11 | (b) For an employee receiving disability benefit, his | ||||||
12 | salary for annuity
purposes under this Section shall, for all | ||||||
13 | periods of disability benefit
subsequent to the year 1956, be | ||||||
14 | the amount on which his disability benefit
was based.
| ||||||
15 | (c) An employee with 20 or more years of service, whose | ||||||
16 | entire
disability benefit credit period expires prior to | ||||||
17 | attainment of age 55
while still disabled for service, shall be | ||||||
18 | entitled upon withdrawal to the
larger of (1) the minimum | ||||||
19 | annuity provided above assuming that he is then
age 55, and | ||||||
20 | reducing such annuity to its actuarial equivalent at his
| ||||||
21 | attained age on such date, or (2) the annuity provided from his | ||||||
22 | age and
service and prior service annuity credits.
| ||||||
23 | (d) The minimum annuity provisions as aforesaid shall not | ||||||
24 | apply to any
former employee receiving an annuity from the | ||||||
25 | fund, and who re-enters
service as an employee, unless he | ||||||
26 | renders at least 3 years of additional
service after the date |
| |||||||
| |||||||
1 | of re-entry.
| ||||||
2 | (e) An employee in service on July 1, 1947, or who became a | ||||||
3 | contributor
after July 1, 1947 and prior to July 1, 1950, or | ||||||
4 | who shall become a
contributor to the fund after July 1, 1950 | ||||||
5 | prior to attainment of age 70,
who withdraws after age 65 with | ||||||
6 | less than 20 years of service, for whom the
annuity has been | ||||||
7 | fixed under the foregoing Sections of this Article shall,
in | ||||||
8 | lieu of the annuity so fixed, receive an annuity as follows:
| ||||||
9 | Such amount as he could have received had the accumulated | ||||||
10 | amounts for
annuity been improved with interest at the | ||||||
11 | effective rate to the date of
his withdrawal, or to attainment | ||||||
12 | of age 70, whichever is earlier, and had
the city contributed | ||||||
13 | to such earlier date for age and service annuity the
amount | ||||||
14 | that would have been contributed had he been under age 65, | ||||||
15 | after the
date his annuity was fixed in accordance with this | ||||||
16 | Article, and assuming
his annuity were computed from such | ||||||
17 | accumulations as of his age on such
earlier date. The annuity | ||||||
18 | so computed shall not exceed the annuity which
would be payable | ||||||
19 | under the other provisions of this Section if the employee
was | ||||||
20 | credited with 20 years of service and would qualify for annuity
| ||||||
21 | thereunder.
| ||||||
22 | (f) In lieu of the annuity provided in this or in any other | ||||||
23 | Section of
this Article, an employee having attained age 65 | ||||||
24 | with at least 15 years of
service who withdraws from service on | ||||||
25 | or after July 1, 1971 and whose
annuity computed under other | ||||||
26 | provisions of this Article is less than the
amount provided |
| |||||||
| |||||||
1 | under this paragraph shall be entitled to receive a minimum
| ||||||
2 | annual annuity for life equal to 1% of the highest average | ||||||
3 | annual salary
for any 4 consecutive years within the last 10 | ||||||
4 | years of service immediately
preceding retirement for each year | ||||||
5 | of his service plus the sum of $25 for
each year of service. | ||||||
6 | Such annual annuity shall not exceed the maximum
percentages | ||||||
7 | stated under paragraph (a) of this Section of such highest
| ||||||
8 | average annual salary.
| ||||||
9 | (f-1) Instead of any other retirement annuity provided in | ||||||
10 | this Article,
an employee who has at least 10 years of service | ||||||
11 | and withdraws from service
on or after January 1, 1999 may | ||||||
12 | elect to receive a retirement annuity for
life, beginning no | ||||||
13 | earlier than upon attainment of age 60, equal to 2.2%
if | ||||||
14 | withdrawal is before January 1, 2002, or 2.4% for each year of
| ||||||
15 | service if
withdrawal is on or after January 1, 2002, of final
| ||||||
16 | average salary for
each
year of service, subject to a maximum | ||||||
17 | of 75% of final average salary
if withdrawal is before January | ||||||
18 | 1, 2002, or 80% if withdrawal is on
or after
January 1, 2002. | ||||||
19 | For the purpose of calculating this
annuity, "final average
| ||||||
20 | salary" means the highest average annual salary for any 4 | ||||||
21 | consecutive years
in the last 10 years of service.
| ||||||
22 | (g) Any annuity payable under the preceding subsections of | ||||||
23 | this Section
11-134 shall be paid in equal monthly | ||||||
24 | installments.
| ||||||
25 | (h) The amendatory provisions of part (a) and (f) of this | ||||||
26 | Section shall
be effective July 1, 1971 and apply in the case |
| |||||||
| |||||||
1 | of every qualifying
employee withdrawing on or after July 1, | ||||||
2 | 1971.
| ||||||
3 | (h-1) The changes made to this Section by Public Act 92-609 | ||||||
4 | (increasing the retirement
formula to 2.4% per year of service | ||||||
5 | and increasing the maximum to 80%) apply
to persons who | ||||||
6 | withdraw from service on or after January 1, 2002, regardless
| ||||||
7 | of whether that withdrawal takes place before the effective | ||||||
8 | date of that Act. In the case of a person who withdraws from | ||||||
9 | service
on or after January 1, 2002 but begins to receive a | ||||||
10 | retirement annuity before
July 1, 2002, the annuity
shall be | ||||||
11 | recalculated, with the increase resulting from Public Act | ||||||
12 | 92-609
accruing from the date the retirement annuity
began. The | ||||||
13 | changes made by Public Act 92-609 control over the changes made
| ||||||
14 | by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
| ||||||
15 | (i) The amendatory provisions of this amendatory Act of | ||||||
16 | 1985 relating to
the discount of annuity because of retirement | ||||||
17 | prior to attainment of age 60
and increasing the retirement | ||||||
18 | formula for those born before January 1, 1936,
shall apply only | ||||||
19 | to qualifying employees withdrawing on or after
August 16, | ||||||
20 | 1985.
| ||||||
21 | (j) Beginning on January 1, 1999, the minimum amount of | ||||||
22 | employee's annuity
shall be $850 per month for life for the | ||||||
23 | following classes of employees,
without regard to the fact that | ||||||
24 | withdrawal occurred prior to the effective
date of this | ||||||
25 | amendatory Act of 1998:
| ||||||
26 | (1) any employee annuitant alive and receiving a life |
| |||||||
| |||||||
1 | annuity on the
effective date of this amendatory Act of | ||||||
2 | 1998, except a reciprocal
annuity;
| ||||||
3 | (2) any employee annuitant alive and receiving a term | ||||||
4 | annuity on the
effective date of this amendatory Act of | ||||||
5 | 1998, except a reciprocal
annuity;
| ||||||
6 | (3) any employee annuitant alive and receiving a | ||||||
7 | reciprocal annuity on
the effective date of this amendatory | ||||||
8 | Act of 1998, whose service
in this fund is at least 5 | ||||||
9 | years;
| ||||||
10 | (4) any employee annuitant withdrawing after age 60 on | ||||||
11 | or after the
effective date of this amendatory Act of 1998, | ||||||
12 | with at least 10
years of service in this fund.
| ||||||
13 | The increases granted under items (1), (2) and (3) of this | ||||||
14 | subsection (j)
shall not be limited by any other Section of | ||||||
15 | this Act.
| ||||||
16 | (k) Beginning on January 1, 2009, the minimum amount of | ||||||
17 | employee's annuity
shall be $1,050 per month for life for the | ||||||
18 | following classes of employees,
without regard to the fact that | ||||||
19 | withdrawal occurred before the effective
date of this | ||||||
20 | amendatory Act of the 95th General Assembly: | ||||||
21 | (1) any employee annuitant alive and receiving a life | ||||||
22 | annuity on the
effective date of this amendatory Act of the | ||||||
23 | 95th General Assembly, except a reciprocal
annuity; | ||||||
24 | (2) any employee annuitant alive and receiving a term | ||||||
25 | annuity on the
effective date of this amendatory Act of the | ||||||
26 | 95th General Assembly, except a reciprocal
annuity; |
| |||||||
| |||||||
1 | (3) any employee annuitant alive and receiving a | ||||||
2 | reciprocal annuity on
the effective date of this amendatory | ||||||
3 | Act of the 95th General Assembly, whose service
in this | ||||||
4 | fund is at least 5 years; | ||||||
5 | (4) any employee annuitant withdrawing after age 60 on | ||||||
6 | or after the
effective date of this amendatory Act of the | ||||||
7 | 95th General Assembly, with at least 10
years of service in | ||||||
8 | this fund. | ||||||
9 | The increases granted under items (1), (2), and (3) of this | ||||||
10 | subsection (k)
shall not be limited by any other Section of | ||||||
11 | this Act. | ||||||
12 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
13 | (40 ILCS 5/11-145.1)
(from Ch. 108 1/2, par. 11-145.1)
| ||||||
14 | Sec. 11-145.1. Minimum annuities for widows. The widow | ||||||
15 | otherwise eligible for widow's annuity under other Sections of
| ||||||
16 | this Article 11, of an employee hereinafter described, who | ||||||
17 | retires from
service or dies while in the service subsequent to | ||||||
18 | the effective date of
this amendatory provision, and for which | ||||||
19 | widow the amount of widow's
annuity and widow's prior service | ||||||
20 | annuity combined, fixed or provided for
such widow under other | ||||||
21 | provisions of said Article 11 is less than the
amount | ||||||
22 | hereinafter provided in this section, shall, from and after the | ||||||
23 | date
her otherwise provided annuity would begin, in lieu of | ||||||
24 | such otherwise
provided widow's and widow's prior service | ||||||
25 | annuity, be entitled to the
following indicated amount of |
| |||||||
| |||||||
1 | annuity:
| ||||||
2 | (a) The widow of any employee who dies while in service on | ||||||
3 | or after the date
on which he attains age 60 if the death | ||||||
4 | occurs before July 1, 1990, or on or
after the date on which he | ||||||
5 | attains age 55 if the death occurs on or after July
1, 1990, | ||||||
6 | with at least 20 years of service, or on or after the date on | ||||||
7 | which
he attains age 50 if the death occurs on or after the | ||||||
8 | effective date of this
amendatory Act of 1997 with at least 30 | ||||||
9 | years of service, shall be entitled
to an annuity equal to | ||||||
10 | one-half of the amount of annuity which her deceased
husband | ||||||
11 | would have been entitled to receive had he withdrawn from the | ||||||
12 | service
on the day immediately preceding the date of his death, | ||||||
13 | conditional upon such
widow having attained age 60 on or before | ||||||
14 | such date if the death occurs before
July 1, 1990, or age 55 if | ||||||
15 | the death occurs on or after July 1, 1990, or age
50 if the | ||||||
16 | death occurs on or after January 1, 1998 and the employee is | ||||||
17 | age 50
or over with at least 30 years of service or age 55 or | ||||||
18 | over with at least 25
years of service. Except
as provided in | ||||||
19 | subsection (j), the widow's annuity shall not, however,
exceed | ||||||
20 | the sum of $500 a month if the employee's death in service | ||||||
21 | occurs before
January 23, 1987. The widow's annuity shall not | ||||||
22 | be limited to a maximum dollar
amount if the employee's death | ||||||
23 | in service occurs on or after January 23, 1987.
| ||||||
24 | If the employee dies in service before July 1, 1990, and if | ||||||
25 | such
widow of such described employee shall not be 60 or more | ||||||
26 | years
of age on such date of death, the amount provided in the |
| |||||||
| |||||||
1 | immediately
preceding paragraph for a widow 60 or more years of | ||||||
2 | age, shall, in the case
of such younger widow, be reduced by | ||||||
3 | 0.25% for each month that
her then attained age is less than 60 | ||||||
4 | years if the employee was born before
January 1, 1936, or dies | ||||||
5 | in service on or after January 1, 1988, or
0.5% for each month | ||||||
6 | that her then attained age is less
than 60 years if the | ||||||
7 | employee was born on or after January 1, 1936 and
dies in | ||||||
8 | service before January 1, 1988.
| ||||||
9 | If the employee dies in service on or after July 1, 1990, | ||||||
10 | and if the
widow of the employee has not attained age 55 on or | ||||||
11 | before the employee's
date of death, the amount otherwise | ||||||
12 | provided in this subsection (a) shall
be reduced by 0.25% for | ||||||
13 | each month that her then attained age is less than
55 years; | ||||||
14 | except that
if the employee dies in service on or after January | ||||||
15 | 1, 1998 at age 50 or over
with at least 30 years of service or | ||||||
16 | at age 55 or over with at least 25 years
of service, there | ||||||
17 | shall be no reduction due to the widow's age if she has
| ||||||
18 | attained age 50 on or before the employee's date of death, and | ||||||
19 | if the widow
has not attained age 50 on or before the | ||||||
20 | employee's date of death the amount
otherwise provided in this | ||||||
21 | subsection (a) shall be reduced by 0.25% for each
month that | ||||||
22 | her then attained age is less than 50 years.
| ||||||
23 | (b) The widow of any employee who dies subsequent to the | ||||||
24 | date of his
retirement on annuity, and who so retired on or | ||||||
25 | after the date on which he
attained age 60 if retirement occurs | ||||||
26 | before July 1, 1990, or on or after the
date on which he |
| |||||||
| |||||||
1 | attained age 55 if retirement occurs on or after July 1, 1990,
| ||||||
2 | with at least 20 years of service, or on or after the date on | ||||||
3 | which he
attained age 50 if the retirement occurs on or after | ||||||
4 | the effective date of this
amendatory Act of 1997 with at least | ||||||
5 | 30 years of service, shall be entitled
to an annuity equal to | ||||||
6 | one-half of the amount of annuity which her deceased
husband | ||||||
7 | received as of the date of his retirement on annuity, | ||||||
8 | conditional upon
such widow having attained age 60 on or before | ||||||
9 | the date of her husband's
retirement on annuity if retirement | ||||||
10 | occurs before July 1, 1990, or age 55 if
retirement occurs on | ||||||
11 | or after July 1, 1990, or age 50 if the
retirement on annuity
| ||||||
12 | occurs on or after January 1, 1998 and the employee is age 50 | ||||||
13 | or over with
at least 30 years of service or age 55 or over with | ||||||
14 | at least 25 years of
service.
Except as provided in subsection
| ||||||
15 | (j), this widow's annuity shall not, however, exceed the
sum of | ||||||
16 | $500 a month if the employee's death occurs before January 23, | ||||||
17 | 1987.
The widow's annuity shall not be limited to a maximum | ||||||
18 | dollar amount if the
employee's death occurs on or after | ||||||
19 | January 23, 1987, regardless of the date
of retirement; | ||||||
20 | provided that, if retirement was before January 23, 1987, the
| ||||||
21 | employee or eligible spouse repays the excess spouse refund | ||||||
22 | with interest at
the effective rate from the date of refund to | ||||||
23 | the date of repayment.
| ||||||
24 | If the date of the employee's retirement on annuity is | ||||||
25 | before July 1,
1990, and if such widow of such described | ||||||
26 | employee shall not have
attained such age of 60 or more years |
| |||||||
| |||||||
1 | on such date of her husband's
retirement on annuity, the amount | ||||||
2 | provided in the immediately preceding
paragraph for a widow 60 | ||||||
3 | or more years of age on the date of her husband's
retirement on | ||||||
4 | annuity, shall, in the case of such then younger widow, be
| ||||||
5 | reduced by 0.25% for each month that her then attained age was | ||||||
6 | less than 60
years if the employee was born before January 1, | ||||||
7 | 1936, or withdraws from
service on or after January 1, 1988, or | ||||||
8 | 0.5% for each month that her then
attained age was less than 60 | ||||||
9 | years if the employee was born on or after
January 1, 1936 and | ||||||
10 | withdraws from service before January 1, 1988.
| ||||||
11 | If the date of the employee's retirement on annuity is on | ||||||
12 | or after July
1, 1990, and if the widow of the employee has not | ||||||
13 | attained age 55 by the
date of the employee's retirement on | ||||||
14 | annuity, the amount otherwise provided
in this subsection (b) | ||||||
15 | shall be reduced by 0.25% for each month that her
then attained | ||||||
16 | age is less than 55 years; except that if
the employee retires | ||||||
17 | on annuity on or after January 1, 1998 at age 50 or over
with at | ||||||
18 | least 30 years of service or at age 55 or over with at least 25 | ||||||
19 | years
of service, there shall be no reduction due to the | ||||||
20 | widow's age if she has
attained age 50 on or before the | ||||||
21 | employee's date of death, and if the widow
has not attained age | ||||||
22 | 50 on or before the employee's date of death the amount
| ||||||
23 | otherwise provided in this subsection (b) shall be reduced by | ||||||
24 | 0.25% for each
month that her then attained age is less than 50 | ||||||
25 | years.
| ||||||
26 | (c) The foregoing provisions relating to minimum annuities |
| |||||||
| |||||||
1 | for widows
shall not apply to the widow of any former employee | ||||||
2 | receiving an annuity
from the fund on August 2, 1965 or on the | ||||||
3 | effective date of this amendatory
provision, who re-enters | ||||||
4 | service as a former employee, unless such employee
renders at | ||||||
5 | least 3 years of additional service after the date of re-entry.
| ||||||
6 | (d) (Blank).
| ||||||
7 | (e) (Blank).
| ||||||
8 | (f) The amendments to this Section by this amendatory Act | ||||||
9 | of 1985, relating
to changing the discount because of age from | ||||||
10 | 1/2 of 1% to 0.25% per month for
widows of employees born | ||||||
11 | before January 1, 1936, shall apply only to qualifying
widows | ||||||
12 | whose husbands die while in the service on or after August 16, | ||||||
13 | 1985 or
withdraw and enter on annuity on or after August 16, | ||||||
14 | 1985.
| ||||||
15 | (g) Beginning on January 1, 1999, the minimum amount of | ||||||
16 | widow's
annuity shall be $800 per month for life for the | ||||||
17 | following
classes of widows, without regard to the fact that | ||||||
18 | the death of the employee
occurred prior to the effective date | ||||||
19 | of this amendatory Act of
1998:
| ||||||
20 | (1) any widow annuitant alive and receiving a term | ||||||
21 | annuity on the
effective date of this amendatory Act of
| ||||||
22 | 1998, except a reciprocal annuity;
| ||||||
23 | (2) any widow annuitant alive and receiving a life | ||||||
24 | annuity on the
effective date of this amendatory Act of
| ||||||
25 | 1998, except a reciprocal annuity;
| ||||||
26 | (3) any widow annuitant alive and receiving a |
| |||||||
| |||||||
1 | reciprocal annuity on
the effective date of this amendatory | ||||||
2 | Act of
1998, whose employee spouse's service in this fund | ||||||
3 | was at least 5 years;
| ||||||
4 | (4) the widow of an employee with at least 10 years of | ||||||
5 | service in this
fund who dies after retirement, if the | ||||||
6 | retirement occurred prior to the
effective date of this | ||||||
7 | amendatory Act of
1998;
| ||||||
8 | (5) the widow of an employee with at least 10 years of | ||||||
9 | service in this
fund who dies after retirement, if | ||||||
10 | withdrawal occurs on or after the
effective date of this | ||||||
11 | amendatory Act of
1998;
| ||||||
12 | (6) the widow of an employee who dies in service with | ||||||
13 | at least 5 years
of service in this fund, if the death in | ||||||
14 | service occurs on or after the
effective date of this | ||||||
15 | amendatory Act of
1998.
| ||||||
16 | The increases granted under items (1), (2), (3) and (4) of | ||||||
17 | this
subsection (g) shall not be limited by any other Section | ||||||
18 | of this Act.
| ||||||
19 | (g-1) Beginning on January 1, 2009, the minimum amount of | ||||||
20 | widow's
annuity shall be $1,000 per month for life for the | ||||||
21 | following
classes of widows, without regard to the fact that | ||||||
22 | the death of the employee
occurred before the effective date of | ||||||
23 | this amendatory Act of
the 95th General Assembly: | ||||||
24 | (1) any widow annuitant alive and receiving a term | ||||||
25 | annuity on the
effective date of this amendatory Act of
the | ||||||
26 | 95th General Assembly, except a reciprocal annuity; |
| |||||||
| |||||||
1 | (2) any widow annuitant alive and receiving a life | ||||||
2 | annuity on the
effective date of this amendatory Act of
the | ||||||
3 | 95th General Assembly, except a reciprocal annuity; | ||||||
4 | (3) any widow annuitant alive and receiving a | ||||||
5 | reciprocal annuity on
the effective date of this amendatory | ||||||
6 | Act of
the 95th General Assembly, whose employee spouse's | ||||||
7 | service in this fund was at least 5 years; | ||||||
8 | (4) the widow of an employee with at least 10 years of | ||||||
9 | service in this
fund who dies after retirement, if the | ||||||
10 | retirement occurred prior to the
effective date of this | ||||||
11 | amendatory Act of
the 95th General Assembly; | ||||||
12 | (5) the widow of an employee with at least 10 years of | ||||||
13 | service in this
fund who dies after retirement, if | ||||||
14 | withdrawal occurs on or after the
effective date of this | ||||||
15 | amendatory Act of
the 95th General Assembly; | ||||||
16 | (6) the widow of an employee who dies in service with | ||||||
17 | at least 5 years
of service in this fund, if the death in | ||||||
18 | service occurs on or after the
effective date of this | ||||||
19 | amendatory Act of
the 95th General Assembly. | ||||||
20 | The increases granted under items (1), (2), (3), and (4) of | ||||||
21 | this
subsection (g-1) shall not be limited by any other Section | ||||||
22 | of this Act. | ||||||
23 | (h) The widow of an employee who retired or died in service | ||||||
24 | on or
after January 1, 1985 and before July 1, 1990, at age 55 | ||||||
25 | or older, and with
at least 35 years of service credit, shall | ||||||
26 | be entitled to have her widow's
annuity increased, effective |
| |||||||
| |||||||
1 | January 1, 1991, to an amount equal to 50% of
the retirement | ||||||
2 | annuity that the deceased employee received on the date of
| ||||||
3 | retirement, or would have been eligible to receive if he had | ||||||
4 | retired on the
day preceding the date of his death in service, | ||||||
5 | provided that if the widow
had not attained age 60 by the date | ||||||
6 | of the employee's retirement or death
in service, the amount of | ||||||
7 | the annuity shall be reduced by 0.25% for each
month that her | ||||||
8 | then attained age was less than age 60 if the employee's
| ||||||
9 | retirement or death in service occurred on or after January 1, | ||||||
10 | 1988, or by
0.5% for each month that her attained age is less | ||||||
11 | than age 60 if the
employee's retirement or death in service | ||||||
12 | occurred prior to January 1,
1988. However, in cases where a | ||||||
13 | refund of excess contributions for
widow's annuity has been | ||||||
14 | paid by the Fund, the increase in benefit provided
by this | ||||||
15 | subsection (h) shall be contingent upon repayment of the
refund | ||||||
16 | to the Fund with interest at the effective rate from the date | ||||||
17 | of refund
to the date of payment.
| ||||||
18 | (i) If a deceased employee is receiving a retirement | ||||||
19 | annuity at the time
of death and that death occurs on or after | ||||||
20 | June 27, 1997,
the widow may elect to receive, in lieu of any
| ||||||
21 | other annuity provided under this Article, 50% of the deceased | ||||||
22 | employee's
retirement annuity at the time of death reduced by | ||||||
23 | 0.25% for each month that
the widow's age on the date of death | ||||||
24 | is less than 55; except that if the
employee dies on or after | ||||||
25 | January 1, 1998 and withdrew from service on or
after June 27, | ||||||
26 | 1997 at age 50 or over with at least 30 years of service
or at |
| |||||||
| |||||||
1 | age 55 or over with at least 25 years of service, there shall | ||||||
2 | be no
reduction due to the widow's age if she has attained age | ||||||
3 | 50 on or before the
employee's date of death, and if the widow | ||||||
4 | has not attained age 50 on or before
the employee's date of | ||||||
5 | death the amount otherwise provided in this subsection
(i) | ||||||
6 | shall be reduced by 0.25% for each month that her age on the | ||||||
7 | date of death
is less than 50 years. However, in cases where
a | ||||||
8 | refund of excess contributions for widow's annuity has been | ||||||
9 | paid by the Fund,
the benefit provided by this subsection (i) | ||||||
10 | is contingent upon repayment of the
refund to the Fund with | ||||||
11 | interest at the effective rate from the date of refund
to the | ||||||
12 | date of payment.
| ||||||
13 | (j) For widows of employees who died before January 23,
| ||||||
14 | 1987 after retirement on annuity or in service, the maximum | ||||||
15 | dollar amount
limitation on widow's annuity shall cease to | ||||||
16 | apply, beginning with the first
annuity payment after the | ||||||
17 | effective date of this amendatory Act
of 1997; except
that if a | ||||||
18 | refund of excess contributions for widow's annuity has been | ||||||
19 | paid by
the Fund, the increase resulting from this subsection | ||||||
20 | (j) shall not begin
before the refund has been repaid to the | ||||||
21 | Fund, together with interest at the
effective rate from the | ||||||
22 | date of the refund to the date of repayment.
| ||||||
23 | (k) In lieu of any other annuity provided in this Article, | ||||||
24 | an eligible
spouse of an employee who dies in service on or | ||||||
25 | after January 1, 2002
(regardless of whether that death in | ||||||
26 | service occurs prior to the effective date of this amendatory |
| |||||||
| |||||||
1 | Act of the 93rd General Assembly)
with at least 10 years of | ||||||
2 | service shall be
entitled to an annuity of 50% of the minimum | ||||||
3 | formula annuity earned and
accrued to the credit of the | ||||||
4 | employee at the date of death.
For the purposes of this | ||||||
5 | subsection, the minimum formula annuity earned and
accrued to | ||||||
6 | the credit of the employee is equal to 2.40% for each year of
| ||||||
7 | service of the highest average annual salary for any 4 | ||||||
8 | consecutive years within
the last 10 years of service | ||||||
9 | immediately preceding the date of death, up to
a maximum of 80% | ||||||
10 | of the highest average annual salary. This annuity shall
not be | ||||||
11 | reduced due to the age of the employee or spouse. In addition | ||||||
12 | to any
other eligibility requirements under this Article, the | ||||||
13 | spouse is eligible for
this annuity only if the marriage was in | ||||||
14 | effect for 10 full years or more.
| ||||||
15 | (Source: P.A. 92-599, eff. 6-28-02; 93-654, eff. 1-16-04.)
| ||||||
16 | Section 90. The State Mandates Act is amended by adding | ||||||
17 | Section 8.32 as follows: | ||||||
18 | (30 ILCS 805/8.32 new) | ||||||
19 | Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
20 | of this Act, no reimbursement by the State is required for the | ||||||
21 | implementation of any mandate created by this amendatory Act of | ||||||
22 | the 95th General Assembly.
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|