Rep. Jay Hoffman

Filed: 2/21/2023

 

 


 

 


 
10300HB1052ham001LRB103 04996 RPS 57631 a

1
AMENDMENT TO HOUSE BILL 1052

2    AMENDMENT NO. ______. Amend House Bill 1052 as follows:
 
3on page 1, line 5, by replacing "4-109 and 4-109.1" with
4"3-111, 3-111.1, 4-109, and 4-109.1"; and
 
5on page 1, immediately below line 5, by inserting the
6following:
 
7    "(40 ILCS 5/3-111)  (from Ch. 108 1/2, par. 3-111)
8    Sec. 3-111. Pension.
9    (a) A police officer age 50 or more with 20 or more years
10of creditable service, who is not a participant in the
11self-managed plan under Section 3-109.3 and who is no longer
12in service as a police officer, shall receive a pension of 1/2
13of the salary attached to the rank held by the officer on the
14police force for one year immediately prior to retirement or,
15beginning July 1, 1987 for persons terminating service on or

 

 

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1after that date, the salary attached to the rank held on the
2last day of service or for one year prior to the last day,
3whichever is greater. The pension shall be increased by 2.5%
4of such salary for each additional year of service over 20
5years of service through 30 years of service, to a maximum of
675% of such salary.
7    The changes made to this subsection (a) by this amendatory
8Act of the 91st General Assembly apply to all pensions that
9become payable under this subsection on or after January 1,
101999. All pensions payable under this subsection that began on
11or after January 1, 1999 and before the effective date of this
12amendatory Act shall be recalculated, and the amount of the
13increase accruing for that period shall be payable to the
14pensioner in a lump sum.
15    (a-5) No pension in effect on or granted after June 30,
161973 shall be less than $200 per month. Beginning July 1, 1987,
17the minimum retirement pension for a police officer having at
18least 20 years of creditable service shall be $400 per month,
19without regard to whether or not retirement occurred prior to
20that date. If the minimum pension established in Section
213-113.1 is greater than the minimum provided in this
22subsection, the Section 3-113.1 minimum controls.
23    (b) A police officer mandatorily retired from service due
24to age by operation of law, having at least 8 but less than 20
25years of creditable service, shall receive a pension equal to
262 1/2% of the salary attached to the rank he or she held on the

 

 

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1police force for one year immediately prior to retirement or,
2beginning July 1, 1987 for persons terminating service on or
3after that date, the salary attached to the rank held on the
4last day of service or for one year prior to the last day,
5whichever is greater, for each year of creditable service.
6    A police officer who retires or is separated from service
7having at least 8 years but less than 20 years of creditable
8service, who is not mandatorily retired due to age by
9operation of law, and who does not apply for a refund of
10contributions at his or her last separation from police
11service, shall receive a pension upon attaining age 60 equal
12to 2.5% of the salary attached to the rank held by the police
13officer on the police force for one year immediately prior to
14retirement or, beginning July 1, 1987 for persons terminating
15service on or after that date, the salary attached to the rank
16held on the last day of service or for one year prior to the
17last day, whichever is greater, for each year of creditable
18service.
19    (c) A police officer no longer in service who has at least
20one but less than 8 years of creditable service in a police
21pension fund but meets the requirements of this subsection (c)
22shall be eligible to receive a pension from that fund equal to
232.5% of the salary attached to the rank held on the last day of
24service under that fund or for one year prior to that last day,
25whichever is greater, for each year of creditable service in
26that fund. The pension shall begin no earlier than upon

 

 

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1attainment of age 60 (or upon mandatory retirement from the
2fund by operation of law due to age, if that occurs before age
360) and in no event before the effective date of this
4amendatory Act of 1997.
5    In order to be eligible for a pension under this
6subsection (c), the police officer must have at least 8 years
7of creditable service in a second police pension fund under
8this Article and be receiving a pension under subsection (a)
9or (b) of this Section from that second fund. The police
10officer need not be in service on or after the effective date
11of this amendatory Act of 1997.
12    (d) Notwithstanding any other provision of this Article,
13the provisions of this subsection (d) apply to a person who is
14not a participant in the self-managed plan under Section
153-109.3 and who first becomes a police officer under this
16Article on or after January 1, 2011.
17    A police officer age 55 or more who has 10 or more years of
18service in that capacity shall be entitled at his option to
19receive a monthly pension for his service as a police officer
20computed by multiplying 2.5% for each year of such service by
21his or her final average salary.
22    The pension of a police officer who is retiring after
23attaining age 50 with 10 or more years but less than 20 years
24of creditable service shall be reduced by one-half of 1% for
25each month that the police officer's age is under age 55.
26    The pension of a police officer who is retiring after

 

 

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1attaining age 50 with 20 or more years of creditable service
2shall not be reduced.
3    The maximum pension under this subsection (d) shall be 75%
4of final average salary.
5    For the purposes of this subsection (d), "final average
6salary" means the greater of: (i) the average monthly salary
7obtained by dividing the total salary of the police officer
8during the 48 consecutive months of service within the last 60
9months of service in which the total salary was the highest by
10the number of months of service in that period; or (ii) the
11average monthly salary obtained by dividing the total salary
12of the police officer during the 96 consecutive months of
13service within the last 120 months of service in which the
14total salary was the highest by the number of months of service
15in that period.
16    Beginning on January 1, 2011, for all purposes under this
17Code (including without limitation the calculation of benefits
18and employee contributions), the annual salary based on the
19plan year of a member or participant to whom this Section
20applies shall not exceed $106,800; however, that amount shall
21annually thereafter be increased by the lesser of (i) 3% of
22that amount, including all previous adjustments, or (ii) the
23annual unadjusted percentage increase (but not less than zero)
24in the consumer price index-u for the 12 months ending with the
25September preceding each November 1, including all previous
26adjustments.

 

 

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1    Nothing in this amendatory Act of the 101st General
2Assembly shall cause or otherwise result in any retroactive
3adjustment of any employee contributions.
4(Source: P.A. 101-610, eff. 1-1-20.)
 
5    (40 ILCS 5/3-111.1)  (from Ch. 108 1/2, par. 3-111.1)
6    Sec. 3-111.1. Increase in pension.
7    (a) Except as provided in subsection (e), the monthly
8pension of a police officer who retires after July 1, 1971, and
9prior to January 1, 1986, shall be increased, upon either the
10first of the month following the first anniversary of the date
11of retirement if the officer is 60 years of age or over at
12retirement date, or upon the first day of the month following
13attainment of age 60 if it occurs after the first anniversary
14of retirement, by 3% of the originally granted pension and by
15an additional 3% of the originally granted pension in January
16of each year thereafter.
17    (b) The monthly pension of a police officer who retired
18from service with 20 or more years of service, on or before
19July 1, 1971, shall be increased in January of the year
20following the year of attaining age 65 or in January of 1972,
21if then over age 65, by 3% of the originally granted pension
22for each year the police officer received pension payments. In
23each January thereafter, he or she shall receive an additional
24increase of 3% of the original pension.
25    (c) The monthly pension of a police officer who retires on

 

 

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1disability or is retired for disability shall be increased in
2January of the year following the year of attaining age 60, by
33% of the original grant of pension for each year he or she
4received pension payments. In each January thereafter, the
5police officer shall receive an additional increase of 3% of
6the original pension.
7    (d) The monthly pension of a police officer who retires
8after January 1, 1986, shall be increased, upon either the
9first of the month following the first anniversary of the date
10of retirement if the officer is 55 years of age or over, or
11upon the first day of the month following attainment of age 55
12if it occurs after the first anniversary of retirement, by
131/12 of 3% of the originally granted pension for each full
14month that has elapsed since the pension began, and by an
15additional 3% of the originally granted pension in January of
16each year thereafter.
17    The changes made to this subsection (d) by this amendatory
18Act of the 91st General Assembly apply to all initial
19increases that become payable under this subsection on or
20after January 1, 1999. All initial increases that became
21payable under this subsection on or after January 1, 1999 and
22before the effective date of this amendatory Act shall be
23recalculated and the additional amount accruing for that
24period, if any, shall be payable to the pensioner in a lump
25sum.
26    (e) Notwithstanding the provisions of subsection (a), upon

 

 

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1the first day of the month following (1) the first anniversary
2of the date of retirement, or (2) the attainment of age 55, or
3(3) July 1, 1987, whichever occurs latest, the monthly pension
4of a police officer who retired on or after January 1, 1977 and
5on or before January 1, 1986, and did not receive an increase
6under subsection (a) before July 1, 1987, shall be increased
7by 3% of the originally granted monthly pension for each full
8year that has elapsed since the pension began, and by an
9additional 3% of the originally granted pension in each
10January thereafter. The increases provided under this
11subsection are in lieu of the increases provided in subsection
12(a).
13    (f) Notwithstanding the other provisions of this Section,
14beginning with increases granted on or after July 1, 1993, the
15second and all subsequent automatic annual increases granted
16under subsection (a), (b), (d), or (e) of this Section shall be
17calculated as 3% of the amount of pension payable at the time
18of the increase, including any increases previously granted
19under this Section, rather than 3% of the originally granted
20pension amount. Section 1-103.1 does not apply to this
21subsection (f).
22    (g) Notwithstanding any other provision of this Article,
23the monthly pension of a person who first becomes a police
24officer under this Article on or after January 1, 2011 shall be
25increased on the January 1 occurring either on or after the
26attainment of age 55 60 or the first anniversary of the pension

 

 

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1start date, whichever is later. Each annual increase shall be
2calculated at 3% or one-half the annual unadjusted percentage
3increase (but not less than zero) in the consumer price
4index-u for the 12 months ending with the September preceding
5each November 1, whichever is less, of the originally granted
6pension. If the annual unadjusted percentage change in the
7consumer price index-u for a 12-month period ending in
8September is zero or, when compared with the preceding period,
9decreases, then the pension shall not be increased.
10    For the purposes of this subsection (g), "consumer price
11index-u" means the index published by the Bureau of Labor
12Statistics of the United States Department of Labor that
13measures the average change in prices of goods and services
14purchased by all urban consumers, United States city average,
15all items, 1982-84 = 100. The new amount resulting from each
16annual adjustment shall be determined by the Public Pension
17Division of the Department of Insurance and made available to
18the boards of the pension funds.
19    Notwithstanding Section 1-103.1, the changes made by this
20amendatory Act of the 103rd General Assembly apply without
21regard to whether the person who first became a police officer
22under this Article on or after January 1, 2011 is in active
23service under this Article on or after the effective date of
24this amendatory Act of the 103rd General Assembly.
25(Source: P.A. 96-1495, eff. 1-1-11.)".