Full Text of HB4090 94th General Assembly
HB4090 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4090
Introduced 7/7/2005, by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/3-112 |
from Ch. 108 1/2, par. 3-112 |
30 ILCS 805/8.29 new |
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Amends the Downstate Police Article of the Illinois Pension Code. In provisions concerning survivors' benefits, defines "an act of duty" to include any action in furtherance of the police officer's official duties, regardless of whether the police officer performs these functions during scheduled work hours.
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PENSION IMPACT NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB4090 |
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LRB094 12822 AMC 47667 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 | 5 |
| Section 3-112 as follows:
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| (40 ILCS 5/3-112) (from Ch. 108 1/2, par. 3-112)
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| Sec. 3-112. Pension to survivors.
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| (a) Upon the death of a police officer entitled to a | 9 |
| pension under Section
3-111, the surviving spouse shall be | 10 |
| entitled to the pension to which the
police officer was then | 11 |
| entitled. Upon the death of the surviving spouse,
or upon the | 12 |
| remarriage of the surviving spouse if that remarriage
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| terminates the surviving spouse's eligibility under Section | 14 |
| 3-121, the police
officer's unmarried children who are under | 15 |
| age 18 or who are dependent because
of physical or mental | 16 |
| disability shall be entitled to equal shares of such
pension. | 17 |
| If there is no eligible surviving spouse and no eligible child, | 18 |
| the
dependent parent or parents of the officer shall be | 19 |
| entitled to receive or
share such pension until their death or | 20 |
| marriage or remarriage after the death
of the police officer.
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| (b) Upon the death of a police officer while in service, | 22 |
| having at least
20 years of creditable service, or upon the | 23 |
| death of a police officer who
retired from service with at | 24 |
| least 20 years of creditable service, whether
death occurs | 25 |
| before or after attainment of age 50, the pension earned by
the | 26 |
| police officer as of the date of death as provided in Section | 27 |
| 3-111
shall be paid to the survivors in the sequence provided | 28 |
| in subsection (a)
of this Section.
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| (c) Upon the death of a police officer while in service, | 30 |
| having at least
10 but less than 20 years of service, a pension | 31 |
| of 1/2 of the salary attached
to the rank or ranks held by the | 32 |
| officer for one year immediately
prior to death shall be |
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HB4090 |
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LRB094 12822 AMC 47667 b |
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| payable to the survivors in the sequence provided
in subsection | 2 |
| (a) of this Section. If death occurs as a result of the
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| performance of duty, the 10 year requirement shall not apply | 4 |
| and the
pension to survivors shall be payable after any period | 5 |
| of service.
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| (d) Beginning July 1, 1987, a minimum pension of $400 per | 7 |
| month shall
be paid to all surviving spouses, without regard to | 8 |
| the fact that the death
of the police officer occurred prior to | 9 |
| that date.
If the minimum pension established in Section | 10 |
| 3-113.1 is greater than the
minimum provided in this | 11 |
| subsection, the Section 3-113.1 minimum controls.
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| (e) The pension of the surviving spouse of a police officer | 13 |
| who dies (i)
on or after January 1, 2001, (ii) without having | 14 |
| begun to receive either a
retirement pension payable under | 15 |
| Section 3-111 or a disability pension payable
under Section | 16 |
| 3-114.1, 3-114.2, 3-114.3, or 3-114.6, and (iii) as a result of
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| sickness, accident, or injury incurred in or resulting from the | 18 |
| performance of
an act of duty shall not be less than 100% of | 19 |
| the salary attached to the rank
held by the deceased police | 20 |
| officer on the last day of service, notwithstanding
any | 21 |
| provision in this Article to the contrary. For the purposes of | 22 |
| this subsection (e), "an act of duty" includes any action in | 23 |
| furtherance of the police officer's official duties, | 24 |
| regardless of whether the police officer performs these | 25 |
| functions during scheduled work hours.
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| (Source: P.A. 91-939, eff. 2-1-01.)
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| Section 90. The State Mandates Act is amended by adding | 28 |
| Section 8.29 as
follows:
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| (30 ILCS 805/8.29 new)
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| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 31 |
| of this
Act, no reimbursement by the State is required for the | 32 |
| implementation of
any mandate created by this amendatory Act of | 33 |
| the 94th General Assembly.
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HB4090 |
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LRB094 12822 AMC 47667 b |
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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