HB1008 96TH GENERAL ASSEMBLY

LRB096 08561 AMC 18684 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1008

Introduced 2/11/2009, by Rep. Daniel V. Beiser

SYNOPSIS AS INTRODUCED:

40 ILCS 5/7-156.1 new
30 ILCS 805/8.33 new

Amends the IMRF Article of the Illinois Pension Code. Provides that, upon the death of a sheriff's law enforcement employee, his or her survivors shall be entitled to the pension to which the police officer was then entitled. Sets forth the sequence of survivors and the amount of the pensions and provides for annual increases. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning public employee benefits.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Pension Code is amended by adding Section 7-156.1 as follows:

(40 ILCS 5/7-156.1 new)

Sec. 7-156.1. Pension to survivors; police officers.

(a) Upon the death of a police officer entitled to a pension under Section 7-142.1, the surviving spouse shall be entitled to the pension to which the police officer was then entitled. Upon the death of the surviving spouse, or upon the remarriage of the surviving spouse if that remarriage terminates the surviving spouse's eligibility under Section 7-154, the police officer's unmarried children who are under age 18 or who are dependent because of physical or mental disability shall be entitled to equal shares of such pension. If there is no eligible surviving spouse and no eligible child, the dependent parent or parents of the officer shall be entitled to receive or share such pension until their death or marriage or remarriage after the death of the police officer.

(b) Upon the death of a police officer while in service, having at least 20 years of creditable service, or upon the death of a police officer who retired from service with at least 20 years of creditable service, whether death occurs before or after attainment of age 50, the pension earned by the police officer as of the date of death as provided in Section 7-142.1 shall be paid to the survivors in the sequence provided in subsection (a) of this Section.

(c) Upon the death of a police officer while in service, having at least 10 but less than 20 years of creditable service, a pension of 1/2 of the salary attached to the rank or ranks held by the officer for one year immediately prior to death shall be payable to the survivors in the sequence provided in subsection (a) of this Section. If death occurs as a result of the performance of duty, the 10-year requirement shall not apply and the pension to survivors shall be payable after any period of service.

(d) Each surviving spouse annuity under this Section that begins on or after the effective date of this Section shall be increased on the January 1 next occurring after the annuity begins, by an amount equal to (i) 3% of the original amount thereof if the deceased employee was receiving a retirement annuity at the time of his death; otherwise (ii) 0.167% of the original amount thereof for each complete month which has elapsed since the date the annuity began. On each January 1 after the date of the initial increase under this subsection (d), each surviving spouse annuity shall be increased by 3% of the originally granted amount of the annuity.

Section 90. The State Mandates Act is amended by adding Section 8.33 as follows:

(30 ILCS 805/8.33 new)

Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 96th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.