Full Text of SB0516 101st General Assembly
SB0516ham008 101ST GENERAL ASSEMBLY | Rep. Robert Rita Filed: 5/23/2020
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| 1 | | AMENDMENT TO SENATE BILL 516
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 516, AS AMENDED, by | 3 | | inserting immediately above Section 5 the following:
| 4 | | "Section 3. The Illinois Pension Code is amended by | 5 | | changing Sections 5-167.1, 5-238, 6-124, 6-124.1, 6-158, | 6 | | 6-164, and 6-229 as follows:
| 7 | | (40 ILCS 5/5-167.1) (from Ch. 108 1/2, par. 5-167.1)
| 8 | | Sec. 5-167.1. Automatic increase in annuity; retirement | 9 | | from service
after September 1, 1967. | 10 | | (a) A policeman who retires from service after September 1, | 11 | | 1967
with at least 20 years of service credit shall, upon | 12 | | either the first
of the month following the first anniversary | 13 | | of his date of retirement
if he is age 55 60 (age 55 if born | 14 | | before January 1, 1966)
or over on that anniversary date, or | 15 | | upon the first of the month following
his attainment of age 55 | 16 | | 60 (age 55 if born before January 1, 1966)
if it occurs after |
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| 1 | | the first anniversary of his retirement date, have his
then | 2 | | fixed and payable monthly annuity increased by 3% 1 1/2% and | 3 | | such first
fixed annuity as granted at retirement increased by | 4 | | an additional 3% 1 1/2% in
January of each year thereafter up | 5 | | to a maximum increase of 30%. Beginning
January 1, 1983 for | 6 | | policemen born before January 1, 1930, and beginning
January 1, | 7 | | 1988 for policemen born on or after January 1, 1930 but before
| 8 | | January 1, 1940, and beginning January 1, 1996 for policemen | 9 | | born on or after
January 1, 1940 but before January 1, 1945, | 10 | | and beginning January 1, 2000
for policemen born on or after | 11 | | January 1, 1945 but before January 1, 1950, and beginning | 12 | | January 1, 2005
for policemen born on or after January 1, 1950 | 13 | | but before January 1, 1955, and beginning January 1, 2017
for | 14 | | policemen born on or after January 1, 1955 but before January | 15 | | 1, 1966,
such increases shall be 3% and such policemen shall | 16 | | not be subject to the
30% maximum increase .
| 17 | | Any policeman born before January 1, 1945 who qualifies for | 18 | | a minimum
annuity and retires after September 1, 1967 but has | 19 | | not received the initial
increase under this subsection before | 20 | | January 1, 1996 is entitled to receive
the initial increase | 21 | | under this subsection on (1) January 1, 1996, (2) the
first | 22 | | anniversary of the date of retirement, or (3) attainment of age | 23 | | 55,
whichever occurs last. The changes to this Section made by | 24 | | Public Act
89-12 apply beginning January 1, 1996 and
without | 25 | | regard to whether the policeman or annuitant terminated service | 26 | | before
the effective date of that Act.
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| 1 | | Any policeman born before January 1, 1950 who qualifies for | 2 | | a minimum
annuity and retires after September 1, 1967 but has | 3 | | not received the initial
increase under this subsection before | 4 | | January 1, 2000 is entitled to receive
the initial increase | 5 | | under this subsection on (1) January 1, 2000, (2) the
first | 6 | | anniversary of the date of retirement, or (3) attainment of age | 7 | | 55,
whichever occurs last. The changes to this Section made by | 8 | | this amendatory
Act of the 92nd General Assembly apply without | 9 | | regard to whether the policeman
or annuitant terminated service | 10 | | before the effective date of this amendatory
Act.
| 11 | | Any policeman born before January 1, 1955 who qualifies for | 12 | | a minimum
annuity and retires after September 1, 1967 but has | 13 | | not received the initial
increase under this subsection before | 14 | | January 1, 2005 is entitled to receive
the initial increase | 15 | | under this subsection on (1) January 1, 2005, (2) the
first | 16 | | anniversary of the date of retirement, or (3) attainment of age | 17 | | 55,
whichever occurs last. The changes to this Section made by | 18 | | this amendatory
Act of the 94th General Assembly apply without | 19 | | regard to whether the policeman
or annuitant terminated service | 20 | | before the effective date of this amendatory
Act.
| 21 | | Any policeman born before January 1, 1966 who qualifies for
| 22 | | a minimum annuity and retires after
September 1, 1967 but has | 23 | | not received the initial increase
under this subsection before | 24 | | January 1, 2017 is entitled to
receive an initial increase | 25 | | under this subsection on (1)
January 1, 2017, (2) the first | 26 | | anniversary of the date of
retirement, or (3) attainment of age |
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| 1 | | 55, whichever occurs last, in an amount equal to 3% for each | 2 | | complete year following the date of retirement or attainment of | 3 | | age 55, whichever occurs later. The changes to this subsection | 4 | | made by this amendatory
Act of the 99th General Assembly apply | 5 | | without regard to whether the policeman
or annuitant terminated | 6 | | service before the effective date of this amendatory
Act. | 7 | | Any policeman born after January 1, 1966 who qualifies for | 8 | | a minimum annuity and retires after September 1, 1967 but has | 9 | | not received the initial increase under this subsection before | 10 | | January 1, 2021 is entitled to receive the initial increase | 11 | | under this subsection on (1) January 1, 2021, (2) the first | 12 | | anniversary of the date of retirement, or (3) attainment of age | 13 | | 55, whichever occurs last. The changes to this Section made by | 14 | | this amendatory Act of the 101st General Assembly apply without | 15 | | regard to whether the policeman or annuitant terminated service | 16 | | before the effective date of this amendatory Act of the 101st | 17 | | General Assembly. | 18 | | (b) Subsection (a) of this Section is
not applicable to an | 19 | | employee receiving a term annuity.
| 20 | | (c) To help defray the cost of such increases in annuity, | 21 | | there shall
be deducted, beginning September 1, 1967, from each | 22 | | payment of salary to a
policeman, 1/2 of 1% of each salary | 23 | | payment concurrently with and in addition
to the salary | 24 | | deductions otherwise made for annuity purposes.
| 25 | | The city, in addition to the contributions otherwise made | 26 | | by it for
annuity purposes under other provisions of this |
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| 1 | | Article, shall make
matching contributions concurrently with | 2 | | such salary deductions.
| 3 | | Each such 1/2 of 1% deduction from salary and each such | 4 | | contribution
by the city of 1/2 of 1% of salary shall be | 5 | | credited to the Automatic
Increase Reserve, to be used to | 6 | | defray the cost of the annuity
increase provided by this | 7 | | Section. Any balance in such reserve as of the
beginning of | 8 | | each calendar year shall be credited with interest at the
rate | 9 | | of 3% per annum.
| 10 | | Such deductions from salary and city contributions shall | 11 | | continue
while the policeman is in service.
| 12 | | The salary deductions provided in this Section are not | 13 | | subject to
refund, except to the policeman himself, in any case | 14 | | in which: (i) the
policeman withdraws prior to qualification | 15 | | for minimum annuity or Tier 2 monthly retirement annuity and
| 16 | | applies for refund, (ii) the policeman applies for an annuity | 17 | | of a type that is not subject to annual increases under this | 18 | | Section, or (iii) a term annuity
becomes payable. In such | 19 | | cases, the total of such salary deductions
shall be refunded to | 20 | | the policeman, without interest, and charged to the
Automatic | 21 | | Increase Reserve.
| 22 | | (d) Notwithstanding any other provision of this Article, | 23 | | the Tier 2 monthly retirement annuity of a
person who first | 24 | | becomes a policeman under this Article on or after the | 25 | | effective date of this amendatory Act of the 97th General | 26 | | Assembly shall be increased on the January 1 occurring either |
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| 1 | | on or after (i) the attainment of age 60 or (ii) the first | 2 | | anniversary of the annuity start date, whichever is later. Each | 3 | | annual increase shall be calculated at 3% or one-half the | 4 | | annual unadjusted percentage increase (but not less than zero) | 5 | | in the consumer price index-u for the 12 months ending with the | 6 | | September preceding each November 1, whichever is less, of the | 7 | | originally granted retirement annuity. If the annual | 8 | | unadjusted percentage change in the consumer price index-u for | 9 | | a 12-month period ending in September is zero or, when compared | 10 | | with the preceding period, decreases, then the annuity shall | 11 | | not be increased. | 12 | | For the purposes of this subsection (d), "consumer price | 13 | | index-u" means the index published by the Bureau of Labor | 14 | | Statistics of the United States Department of Labor that | 15 | | measures the average change in prices of goods and services | 16 | | purchased by all urban consumers, United States city average, | 17 | | all items, 1982-84 = 100. The new amount resulting from each | 18 | | annual adjustment shall be determined by the Public Pension | 19 | | Division of the Department of Insurance and made available to | 20 | | the boards of the pension funds by November 1 of each year. | 21 | | (Source: P.A. 99-905, eff. 11-29-16.)
| 22 | | (40 ILCS 5/5-238) | 23 | | Sec. 5-238. Provisions applicable to new hires; Tier 2. | 24 | | (a) Notwithstanding any other provision of this Article,
| 25 | | the provisions of this Section apply to a person who first
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| 1 | | becomes a policeman under this Article on or after January 1, | 2 | | 2011, and to certain qualified survivors of such a policeman. | 3 | | Such persons, and the benefits and restrictions that apply | 4 | | specifically to them under this Article, may be referred to as | 5 | | "Tier 2". | 6 | | (b) A policeman who has withdrawn from service, has | 7 | | attained age 50 or more, and has 10 or more years of service in | 8 | | that capacity shall be entitled, upon proper application being | 9 | | received by the Fund, to receive a Tier 2 monthly retirement | 10 | | annuity for his service as a police officer. The Tier 2 monthly | 11 | | retirement annuity shall be computed by multiplying 2.5% for | 12 | | each year of such service by his or her final average salary, | 13 | | subject to an annuity reduction factor of one-half of 1% for | 14 | | each month that the police officer's age at retirement is under | 15 | | age 55. The Tier 2 monthly retirement annuity is in lieu of any | 16 | | age and service annuity or other form of retirement annuity | 17 | | under this Article. | 18 | | The maximum retirement annuity under this subsection (b) | 19 | | shall be 75%
of final average salary. | 20 | | For the purposes of this subsection (b), "final average | 21 | | salary" means the greater of: (i) the average monthly salary | 22 | | obtained by dividing the total salary of the policeman during | 23 | | the 96 consecutive months of service within the last 120 months | 24 | | of service in which the total salary was the highest by the | 25 | | number of months of service in that period ; or (ii) the average | 26 | | monthly salary obtained by dividing the total salary of the |
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| 1 | | policeman during the 48 consecutive months of service within | 2 | | the last 120 months of service in which the total salary was | 3 | | the highest by the number of months of service in that period . | 4 | | Beginning on January 1, 2011, for all purposes under
this | 5 | | Code (including without limitation the calculation of
benefits | 6 | | and employee contributions), the annual salary
based on the | 7 | | plan year of a member or participant to whom this Section | 8 | | applies shall not exceed $106,800; however, that amount shall | 9 | | annually thereafter be increased by the lesser of (i) 3% of | 10 | | that amount, including all previous adjustments, or (ii) | 11 | | one-half the annual unadjusted percentage increase (but not | 12 | | less than zero) in the consumer price index-u for the 12 months | 13 | | ending with the September preceding each November 1, including | 14 | | all previous adjustments. | 15 | | Nothing in this amendatory Act of the 101st General | 16 | | Assembly shall cause or otherwise result in any retroactive | 17 | | adjustment of any employee contributions. | 18 | | (c) Notwithstanding any other provision of this Article, | 19 | | for a person who first becomes a policeman under this Article | 20 | | on or after January 1, 2011, eligibility for and the amount of | 21 | | the annuity to which the qualified surviving spouse, children, | 22 | | and parents are entitled under this subsection (c) shall be | 23 | | determined as follows: | 24 | | (1) The surviving spouse of a deceased policeman to | 25 | | whom this Section applies shall be deemed qualified to | 26 | | receive a Tier 2 surviving spouse's annuity under this |
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| 1 | | paragraph (1) if: (i) the deceased policeman meets the | 2 | | requirements specified under subdivision (A), (B), (C), or | 3 | | (D) of this paragraph (1); and (ii) the surviving spouse | 4 | | would not otherwise be excluded from receiving a widow's | 5 | | annuity under the eligibility requirements for a widow's | 6 | | annuity set forth in Section 5-146. The Tier 2 surviving | 7 | | spouse's annuity is in lieu of the widow's annuity | 8 | | determined under any other Section of this Article and is | 9 | | subject to the requirements of Section 5-147.1. | 10 | | As used in this subsection (c), "earned annuity" means | 11 | | a Tier 2 monthly retirement annuity determined under | 12 | | subsection (b) of this Section, including any increases the | 13 | | policeman had received pursuant to Section 5-167.1. | 14 | | (A) If the deceased policeman was receiving an | 15 | | earned annuity at the date of his or her death, the | 16 | | Tier 2 surviving spouse's annuity under this paragraph | 17 | | (1) shall be in the amount of 66 2/3% of the | 18 | | policeman's earned annuity at the date of death. | 19 | | If the deceased policeman was a parent of a child | 20 | | or children, including any child who has been conceived | 21 | | but not yet born, and there is a surviving spouse, 12% | 22 | | of the policeman's earned annuity at the date of death | 23 | | shall be granted to the guardian of any such minor | 24 | | child or children for each such child until attainment | 25 | | of age 18. Upon the death of the surviving spouse | 26 | | leaving one or more children under the age of 18, or |
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| 1 | | upon the death of a policeman leaving one or more | 2 | | children under the age of 18 but no surviving spouse, a | 3 | | monthly pension of 20% of the policeman's monthly | 4 | | salary at the date of death shall be granted to the | 5 | | duly appointed guardian of each such child for the | 6 | | support and maintenance of each such child until the | 7 | | child reaches age 18. The benefit in this paragraph is | 8 | | in lieu of a benefit under paragraph (2) of this | 9 | | subsection (c) but does not apply if the beneficiary is | 10 | | entitled to receive a greater benefit under paragraph | 11 | | (2) of this subsection (c). | 12 | | (B) If the deceased policeman was not receiving an | 13 | | earned annuity but had at least 10 years of service at | 14 | | the time of death, the Tier 2 surviving spouse's | 15 | | annuity under this paragraph (1) shall be the greater | 16 | | of: (i) 30% of the annual maximum salary attached to | 17 | | the classified civil service position of a first class | 18 | | patrolman at the time of his death; (ii) 54% of the | 19 | | policeman's monthly salary at the time of the | 20 | | policeman's death; or (iii) (ii) 66 2/3% of the Tier 2 | 21 | | monthly retirement annuity that the deceased policeman | 22 | | would have been eligible to receive under subsection | 23 | | (b) of this Section, based upon the actual service | 24 | | accrued through the day before the policeman's death, | 25 | | but determined as though the policeman was at least age | 26 | | 55 on the day before his or her death and retired on |
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| 1 | | that day. | 2 | | If the deceased policeman was a parent of a child | 3 | | or children, including any child who has been conceived | 4 | | but not yet born, and there is a surviving spouse, 12% | 5 | | of the policeman's monthly salary at the date of death | 6 | | shall be granted to the guardian of any such minor | 7 | | child or children for each such child until attainment | 8 | | of age 18. Upon the death of the surviving spouse | 9 | | leaving one or more children under the age of 18, or | 10 | | upon the death of a policeman leaving one or more | 11 | | children under the age of 18 but no surviving spouse, a | 12 | | monthly pension of 20% of the policeman's monthly | 13 | | salary at the date of death shall be granted to the | 14 | | duly appointed guardian of each such child for the | 15 | | support and maintenance of each such child until the | 16 | | child reaches age 18. The benefit in this paragraph is | 17 | | in lieu of a benefit under paragraph (2) of this | 18 | | subsection (c) but does not apply if the beneficiary is | 19 | | entitled to receive a greater benefit under paragraph | 20 | | (2) of this subsection (c). | 21 | | (C) If the deceased policeman was an active | 22 | | policeman with at least 1 1/2 but less than 10 years of | 23 | | service at the time of death, the Tier 2 surviving | 24 | | spouse's annuity under this paragraph (1) shall be the | 25 | | greater of: (i) in the amount of 30% of the annual | 26 | | maximum salary attached to the classified civil |
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| 1 | | service position of a first class patrolman at the time | 2 | | of his death ; or (ii) 54% of the policeman's monthly | 3 | | salary at the time of the policeman's death . | 4 | | If the deceased policeman was a parent of a child | 5 | | or children, including any child who has been conceived | 6 | | but not yet born, and there is a surviving spouse, 12% | 7 | | of the policeman's monthly salary at the date of death | 8 | | shall be granted to the guardian of any such minor | 9 | | child or children for each such child until attainment | 10 | | of age 18. Upon the death of the surviving spouse | 11 | | leaving one or more children under the age of 18, or | 12 | | upon the death of a policeman leaving one or more | 13 | | children under the age of 18 but no surviving spouse, a | 14 | | monthly pension of 20% of the policeman's monthly | 15 | | salary at the date of death shall be granted to the | 16 | | duly appointed guardian of each such child for the | 17 | | support and maintenance of each such child until the | 18 | | child reaches age 18. The benefit in this paragraph is | 19 | | in lieu of a benefit under paragraph (2) of this | 20 | | subsection (c) but does not apply if the beneficiary is | 21 | | entitled to receive a greater benefit under paragraph | 22 | | (2) of this subsection (c). | 23 | | (D) If the performance of an act or acts of duty | 24 | | results directly in the death of a policeman subject to | 25 | | this Section, or prevents him from subsequently | 26 | | resuming active service in the police department, and |
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| 1 | | if the policeman's Tier 2 surviving spouse would | 2 | | otherwise meet the eligibility requirements for a | 3 | | compensation annuity or supplemental annuity granted | 4 | | under Section 5-144, then in addition to the Tier 2 | 5 | | surviving spouse's annuity provided under subdivision | 6 | | (A), (B), or (C) of this paragraph (1), whichever | 7 | | applies, the Tier 2 surviving spouse shall be qualified | 8 | | to receive compensation annuity or supplemental | 9 | | annuity, as would be provided under Section 5-144, in | 10 | | order to bring the total benefit up to the applicable | 11 | | 75% salary limitation provided in that Section, but | 12 | | subject to the Tier 2 salary cap provided under | 13 | | subsection (b) of this Section; except that no such | 14 | | annuity shall be paid to the
surviving spouse of a | 15 | | policeman who dies while in
receipt of disability | 16 | | benefits when the policeman's
death was caused by an | 17 | | intervening illness or injury unrelated to the illness | 18 | | or injury that had prevented him from subsequently | 19 | | resuming active service in the police department. | 20 | | (E) Notwithstanding any other provision of this | 21 | | Article, the monthly Tier 2 surviving spouse's annuity | 22 | | under subdivision (A) or (B) of this paragraph (1)
| 23 | | shall be increased on the January 1 next occurring | 24 | | after (i) attainment of age 60 by the recipient of the | 25 | | Tier 2 surviving spouse's annuity or (ii) the first | 26 | | anniversary of the Tier 2 surviving spouse's annuity |
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| 1 | | start date, whichever is later, and on
each January 1 | 2 | | thereafter, by 3% or one-half the annual unadjusted | 3 | | percentage increase (but not less than zero) in the | 4 | | consumer price index-u for the
12 months ending with | 5 | | the September preceding each November 1, whichever is | 6 | | less, of the originally granted Tier 2 surviving | 7 | | spouse's annuity. If the unadjusted percentage change | 8 | | in
the consumer price index-u for a 12-month period | 9 | | ending in September is zero or, when compared with the | 10 | | preceding period, decreases, then the annuity shall | 11 | | not
be increased. | 12 | | For the purposes of this Section, "consumer price | 13 | | index-u" means the index published by the Bureau of | 14 | | Labor Statistics of the United States Department of | 15 | | Labor that measures the average change in prices of | 16 | | goods and services purchased by all urban consumers, | 17 | | United States city average, all items, 1982-84 = 100. | 18 | | The new amount resulting from each annual adjustment | 19 | | shall be determined by the Public Pension Division of | 20 | | the Department of Insurance and made available to the | 21 | | boards of the pension funds.
| 22 | | (F) Notwithstanding the other provisions of this | 23 | | paragraph (1), for a qualified surviving spouse who is | 24 | | entitled to a Tier 2 surviving spouse's annuity under | 25 | | subdivision (A), (B), (C), or (D) of this paragraph | 26 | | (1), that Tier 2 surviving spouse's annuity shall not |
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| 1 | | be less than the amount of the minimum widow's annuity | 2 | | established from time to time under Section 5-167.4. | 3 | | (2) Surviving children of a deceased policeman subject | 4 | | to this Section who would otherwise meet the eligibility | 5 | | requirements for a child's annuity set forth in Sections | 6 | | 5-151 and 5-152 shall be deemed qualified to receive a Tier | 7 | | 2 child's annuity under this subsection (c), which shall be | 8 | | in lieu of, but in the same amount and paid in the same | 9 | | manner as, the child's annuity provided under those | 10 | | Sections; except that any salary used for computing a Tier | 11 | | 2 child's annuity shall be subject to the Tier 2 salary cap | 12 | | provided under subsection (b) of this Section. For purposes | 13 | | of determining any pro rata reduction in child's annuities | 14 | | under this subsection (c), references in Section 5-152 to | 15 | | the combined annuities of the family shall be deemed to | 16 | | refer to the combined Tier 2 surviving spouse's annuity, if | 17 | | any, and the Tier 2 child's annuities payable under this | 18 | | subsection (c). | 19 | | (3) Surviving parents of a deceased policeman subject | 20 | | to this Section who would otherwise meet the eligibility | 21 | | requirements for a parent's annuity set forth in Section | 22 | | 5-152 shall be deemed qualified to receive a Tier 2 | 23 | | parent's annuity under this subsection (c), which shall be | 24 | | in lieu of, but in the same amount and paid in the same | 25 | | manner as, the parent's annuity provided under Section | 26 | | 5-152.1; except that any salary used for computing a Tier 2 |
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| 1 | | parent's annuity shall be subject to the Tier 2 salary cap | 2 | | provided under subsection (b) of this Section. For the | 3 | | purposes of this Section, a reference to "annuity" in | 4 | | Section 5-152.1 includes: (i) in the context of a widow, a | 5 | | Tier 2 surviving spouse's annuity and (ii) in the context | 6 | | of a child, a Tier 2 child's annuity. | 7 | | Notwithstanding Section 1-103.1, the changes made to this | 8 | | subsection by this amendatory Act of the 101st General Assembly | 9 | | apply without regard to whether the deceased policeman was in | 10 | | service on or after the effective date of this amendatory Act | 11 | | of the 101st General Assembly. The changes made by this | 12 | | amendatory Act of the 101st General Assembly shall not diminish | 13 | | the survivor's benefits described in this Section. | 14 | | (d) The General Assembly finds and declares that the | 15 | | provisions of this Section, as enacted by Public Act 96-1495, | 16 | | require clarification relating to necessary eligibility | 17 | | standards and the manner of determining and paying the intended | 18 | | Tier 2 benefits and contributions in order to enable the Fund | 19 | | to unambiguously implement and administer benefits for Tier 2 | 20 | | members. The changes to this Section and the conforming changes | 21 | | to Sections 5-153, 5-155, 5-163, 5-167.1 (except for the | 22 | | changes to subsection (a) of that Section), 5-169, and 5-170 | 23 | | made by this amendatory Act of the 99th
General Assembly are | 24 | | enacted to clarify the provisions of this Section as enacted by | 25 | | Public Act 96-1495, and are hereby declared to represent and be | 26 | | consistent with the original and continuing intent of this |
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| 1 | | Section and Public Act 96-1495. | 2 | | (e) The changes to Sections 5-153, 5-155, 5-163, 5-167.1 | 3 | | (except for the changes to subsection (a) of that Section), | 4 | | 5-169, and 5-170 made by this amendatory Act of the 99th | 5 | | General Assembly are intended to be retroactive to January 1, | 6 | | 2011 (the effective date of Public Act 96-1495) and, for the | 7 | | purposes of Section 1-103.1 of this Code, they apply without | 8 | | regard to whether the relevant policeman
was in service on or | 9 | | after the effective date of this amendatory Act of the 99th | 10 | | General Assembly. | 11 | | (Source: P.A. 99-905, eff. 11-29-16.)
| 12 | | (40 ILCS 5/6-124) (from Ch. 108 1/2, par. 6-124)
| 13 | | Sec. 6-124. Future entrants; amount entrants-age 63 in | 14 | | service-amount of annuity. When a future entrant attains age 63 | 15 | | in service, except for a fireman who is not subject to the | 16 | | compulsory retirement age, his age and service
annuity shall be | 17 | | fixed as of age 63. The annuity shall be that provided
from the | 18 | | entire sum accumulated to his credit for age and service | 19 | | annuity
on the date he attains age 63.
| 20 | | When a future entrant who is not subject to the compulsory | 21 | | retirement age withdraws from service and is at least age 63, | 22 | | his or her age and service annuity shall be fixed as of the age | 23 | | he or she withdraws from service. The annuity shall be that | 24 | | provided from the entire sum accumulated to his or her credit | 25 | | for age and service annuity on the date he or she withdraws |
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| 1 | | from service. | 2 | | (Source: P.A. 76-1668.)
| 3 | | (40 ILCS 5/6-124.1)
| 4 | | Sec. 6-124.1. Withdrawal from service; amount at | 5 | | compulsory retirement age - amount of annuity.
| 6 | | (a) In lieu of any annuity provided in the other provisions | 7 | | of this
Article, a fireman who (1) is required to withdraw from | 8 | | service due to attainment
of compulsory retirement age , or is | 9 | | not subject to compulsory retirement age, withdraws from | 10 | | service, and is at least age 63, and (2) has at least 10 but | 11 | | less than 20 years of
service credit may elect to receive an | 12 | | annuity equal to 30% of average salary
for the first 10 years | 13 | | of service plus 2% of average salary for each completed
year of | 14 | | service or remaining fraction thereof in excess of 10, but not | 15 | | to
exceed a maximum of 50% of average salary.
| 16 | | (b) For the purpose of this Section, "average salary" means | 17 | | the average of
the fireman's highest 4 consecutive years of | 18 | | salary within the last 10 years
of service.
| 19 | | (c) For the purpose of qualifying for the annual increases | 20 | | provided in
Section 6-164, a fireman whose retirement annuity | 21 | | is calculated under this
Section shall be deemed to qualify for | 22 | | a minimum annuity.
| 23 | | (Source: P.A. 93-654, eff. 1-16-04.)
| 24 | | (40 ILCS 5/6-158) (from Ch. 108 1/2, par. 6-158)
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| 1 | | Sec. 6-158. Refund Refund - General .
| 2 | | (a) A fireman who withdraws before age 50 and a fireman | 3 | | with less than
10 years of service who withdraws before age 57 , | 4 | | or any fireman who
withdraws and enters the service of another | 5 | | department of the city, has a
right to a refund of the entire | 6 | | amount to his credit as of the date of
withdrawal for age and | 7 | | service annuity or Tier 2 monthly retirement annuity, for | 8 | | automatic annual increase in annuity as provided in Section | 9 | | 6-164, and for widow's annuity or Tier 2 surviving spouse's | 10 | | annuity, from deductions
from salary.
| 11 | | (b) Any such fireman shall be entitled to refund until he | 12 | | re-enters
service or until his annuity is fixed.
| 13 | | (c) A fireman who receives a refund forfeits all rights to | 14 | | any annuity
or benefit from the fund, for himself and for any | 15 | | other person who might
benefit through him because of his | 16 | | service, provided he shall retain the
right to credit for any | 17 | | such service, for the purpose of computing his
total service if | 18 | | he re-enters service before age 57, becomes a beneficiary
of | 19 | | the fund and makes repayment of the refund with interest.
| 20 | | (d) A fireman completing 10 years of service who does not | 21 | | receive a
refund, may receive an annuity as provided in this | 22 | | Article.
| 23 | | (e) A fireman completing less than 10 years who does not | 24 | | receive a
refund has a right to have all amounts to his credit | 25 | | for annuity purposes
on the date of withdrawal improved by | 26 | | interest while he is out of service
until age 57 only, for his |
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| 1 | | benefit and the benefit of any person who may
have any right to | 2 | | annuity through him, if he subsequently reenters service
and | 3 | | attains a right to annuity.
| 4 | | (Source: P.A. 99-905, eff. 11-29-16.)
| 5 | | (40 ILCS 5/6-164)
(from Ch. 108 1/2, par. 6-164)
| 6 | | Sec. 6-164. Automatic annual increase; retirement after | 7 | | September 1, 1959.
| 8 | | (a) A fireman qualifying for a minimum annuity who retires | 9 | | from service
after September 1, 1959 shall, upon either the | 10 | | first of the month following the
first anniversary of his date | 11 | | of retirement if he is age 60 ( age 55 if born
before January 1, | 12 | | 1966) or over on that anniversary date, or upon
the first of | 13 | | the month following his attainment of age 60 ( age 55 if born
| 14 | | before January 1, 1966) if that occurs after the first | 15 | | anniversary
of his retirement date, have his then fixed and | 16 | | payable monthly annuity
increased by 1 1/2%, and such first | 17 | | fixed annuity as granted at retirement
increased by an | 18 | | additional 1 1/2% in January of each year thereafter up to a
| 19 | | maximum increase of 30%.
Beginning July 1, 1982 for firemen | 20 | | born before January 1, 1930, and beginning
January 1, 1990 for | 21 | | firemen born after December 31, 1929 and before January 1,
| 22 | | 1940, and beginning January 1, 1996 for firemen born after | 23 | | December 31, 1939
but before January 1, 1945, and beginning | 24 | | January 1, 2004, for firemen born
after December 31, 1944 but | 25 | | before January 1, 1955, and beginning January 1, 2017, for |
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| 1 | | firemen born after December 31, 1954 but before January 1, | 2 | | 1966 , such increases shall be
3% and such firemen shall not be | 3 | | subject to the 30% maximum increase.
| 4 | | Any fireman born before January 1, 1945 who qualifies for a | 5 | | minimum annuity
and retires after September 1, 1967 but has not | 6 | | received the initial increase
under this subsection before | 7 | | January 1, 1996 is entitled to receive the initial
increase | 8 | | under this subsection on (1) January 1, 1996, (2) the first
| 9 | | anniversary of the date of retirement, or (3) attainment of age | 10 | | 55, whichever
occurs last. The changes to this Section made by | 11 | | this amendatory Act of 1995
apply beginning January 1, 1996 and | 12 | | apply without regard to whether the fireman
or annuitant | 13 | | terminated service before the effective date of this amendatory
| 14 | | Act of 1995.
| 15 | | Any fireman born before January 1, 1955 who qualifies for a | 16 | | minimum
annuity and retires after September 1, 1967 but has not | 17 | | received the initial
increase under this subsection before | 18 | | January 1, 2004 is entitled to receive
the initial increase | 19 | | under this subsection on (1) January 1, 2004, (2) the
first | 20 | | anniversary of the date of retirement, or (3) attainment of age | 21 | | 55,
whichever occurs last. The changes to this Section made by | 22 | | this amendatory
Act of the 93rd General Assembly apply without | 23 | | regard to whether the fireman
or annuitant terminated service | 24 | | before the effective date of this amendatory
Act.
| 25 | | Any fireman born after December 31, 1954 but before January | 26 | | 1, 1966 who qualifies for
a minimum annuity and retires after
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| 1 | | September 1, 1967 is entitled to
receive an increase under this | 2 | | subsection on (1)
January 1, 2017, (2) the first anniversary of | 3 | | the date of
retirement, or (3) attainment of age 55, whichever | 4 | | occurs last, in an amount equal to an increase of 3% of his | 5 | | then fixed and payable monthly annuity upon the first of the | 6 | | month following the first anniversary of his date of retirement | 7 | | if he is age 55 or over on that anniversary date or upon the | 8 | | first of the month following his attainment of age 55 if that | 9 | | date occurs after the first anniversary of his retirement date | 10 | | and such first fixed annuity as granted at retirement shall be | 11 | | increased by an additional 3% in January of each year | 12 | | thereafter. In the case of a fireman born after December 31, | 13 | | 1954 but before January 1, 1966 who received an increase in any | 14 | | year of 1.5%, that fireman shall receive an increase for any | 15 | | such year so that the total increase is equal to 3% for each | 16 | | year the fireman would have been otherwise eligible had the | 17 | | fireman not received any increase. The changes to this | 18 | | subsection made by this amendatory
Act of the 99th General | 19 | | Assembly apply without regard to whether the fireman
or | 20 | | annuitant terminated service before the effective date of this | 21 | | amendatory
Act. The changes to this subsection made by this | 22 | | amendatory Act of the 100th General Assembly are a declaration | 23 | | of existing law and shall not be construed as a new enactment. | 24 | | Any fireman who qualifies for
a minimum annuity and retires | 25 | | after
September 1, 1967 is entitled to
receive an increase | 26 | | under this subsection on (1)
January 1, 2021, (2) the first |
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| 1 | | anniversary of the date of
retirement, or (3) attainment of age | 2 | | 55, whichever occurs last, in an amount equal to an increase of | 3 | | 3% of his or her then fixed and payable monthly annuity upon | 4 | | the first of the month following the first anniversary of his | 5 | | or her date of retirement if he or she is age 55 or over on that | 6 | | anniversary date or upon the first of the month following his | 7 | | or her attainment of age 55 if that date occurs after the first | 8 | | anniversary of his or her retirement date and such first fixed | 9 | | annuity as granted at retirement shall be increased by an | 10 | | additional 3% in January of each year thereafter. In the case | 11 | | of a fireman who received an increase in any year of 1.5%, that | 12 | | fireman shall receive an increase for any such year so that the | 13 | | total increase is equal to 3% for each year the fireman would | 14 | | have been otherwise eligible had the fireman not received any | 15 | | increase. The changes to this subsection made by this | 16 | | amendatory
Act of the 101st General Assembly apply without | 17 | | regard to whether the fireman
or annuitant terminated service | 18 | | before the effective date of this amendatory
Act of the 101st | 19 | | General Assembly. | 20 | | (b) Subsection (a) of this Section is
not applicable to an | 21 | | employee receiving a term annuity.
| 22 | | (c) To help defray the cost of such increases in annuity, | 23 | | there
shall be deducted, beginning September 1, 1959, from each | 24 | | payment of salary
to a fireman, 1/8 of 1% of each such salary | 25 | | payment and an additional 1/8
of 1% beginning on September 1, | 26 | | 1961, and September 1, 1963, respectively,
concurrently with |
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| 1 | | and in addition to the salary deductions otherwise made
for | 2 | | annuity purposes.
| 3 | | Each such additional 1/8 of 1% deduction from salary which | 4 | | shall, on
September 1, 1963, result in a total increase of 3/8 | 5 | | of 1% of salary,
shall be credited to the Automatic Increase | 6 | | Reserve, to be used,
together with city contributions as | 7 | | provided in this Article, to defray
the cost of the annuity | 8 | | increments specified in this Section. Any balance
in such | 9 | | reserve as of the beginning of each calendar year shall be
| 10 | | credited with interest at the rate of 3% per annum.
| 11 | | The salary deductions provided in this Section are not | 12 | | subject to
refund, except to the fireman himself in any case in | 13 | | which: (i) the fireman
withdraws prior to qualification for | 14 | | minimum annuity or Tier 2 monthly retirement annuity and | 15 | | applies for
refund, (ii) the fireman applies for an annuity of | 16 | | a type that is not subject to annual increases under this | 17 | | Section, or (iii) a term annuity becomes
payable. In such | 18 | | cases, the total of such salary deductions shall be
refunded to | 19 | | the fireman, without interest, and charged to the
| 20 | | aforementioned reserve.
| 21 | | (d) Notwithstanding any other provision of this Article, | 22 | | the Tier 2 monthly retirement annuity of a
person who first | 23 | | becomes a fireman under this Article on or after January 1, | 24 | | 2011 shall be increased on the January 1 occurring either on or | 25 | | after (i) the attainment of age 60 or (ii) the first | 26 | | anniversary of the annuity start date, whichever is later. Each |
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| 1 | | annual increase shall be calculated at 3% or one-half the | 2 | | annual unadjusted percentage increase (but not less than zero) | 3 | | in the consumer price index-u for the 12 months ending with the | 4 | | September preceding each November 1, whichever is less, of the | 5 | | originally granted retirement annuity. If the annual | 6 | | unadjusted percentage change in the consumer price index-u for | 7 | | a 12-month period ending in September is zero or, when compared | 8 | | with the preceding period, decreases, then the annuity shall | 9 | | not be increased. | 10 | | For the purposes of this subsection (d), "consumer price | 11 | | index-u" means the index published by the Bureau of Labor | 12 | | Statistics of the United States Department of Labor that | 13 | | measures the average change in prices of goods and services | 14 | | purchased by all urban consumers, United States city average, | 15 | | all items, 1982-84 = 100. The new amount resulting from each | 16 | | annual adjustment shall be determined by the Public Pension | 17 | | Division of the Department of Insurance and made available to | 18 | | the boards of the pension funds by November 1 of each year. | 19 | | (Source: P.A. 99-905, eff. 11-29-16; 100-23, eff. 7-6-17; | 20 | | 100-539, eff. 11-7-17.)
| 21 | | (40 ILCS 5/6-229) | 22 | | Sec. 6-229. Provisions applicable to new hires; Tier 2. | 23 | | (a) Notwithstanding any other provision of this Article,
| 24 | | the provisions of this Section apply to a person who first
| 25 | | becomes a fireman under this Article on or after January 1, |
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| 1 | | 2011, and to certain qualified survivors of such a fireman. | 2 | | Such persons, and the benefits and restrictions that apply | 3 | | specifically to them under this Article, may be referred to as | 4 | | "Tier 2". | 5 | | (b) A fireman who has withdrawn from service, has attained | 6 | | age 50 or more, and has 10 or more years of service in that | 7 | | capacity shall be entitled, upon proper application being | 8 | | received by the Fund, to receive a Tier 2 monthly retirement | 9 | | annuity for his service as a fireman. The Tier 2 monthly | 10 | | retirement annuity shall be computed by multiplying 2.5% for | 11 | | each year of such service by his or her final average salary, | 12 | | subject to an annuity reduction factor of one-half of 1% for | 13 | | each month that the fireman's age at retirement is under age | 14 | | 55. The Tier 2 monthly retirement annuity is in lieu of any age | 15 | | and service annuity or other form of retirement annuity under | 16 | | this Article. | 17 | | The maximum retirement annuity under this subsection (b) | 18 | | shall be 75%
of final average salary. | 19 | | For the purposes of this subsection (b), "final average | 20 | | salary" means the greater of: (i) the average monthly salary | 21 | | obtained by dividing the total salary of the fireman during the | 22 | | 96 consecutive months of service within the last 120 months of | 23 | | service in which the total salary was the highest by the number | 24 | | of months of service in that period ; or (ii) the average | 25 | | monthly salary obtained by dividing the total salary of the | 26 | | fireman during the 48 consecutive months of service within the |
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| 1 | | last 120 months of service in which the total salary was the | 2 | | highest by the number of months of service in that period . | 3 | | Beginning on January 1, 2011, for all purposes under
this | 4 | | Code (including without limitation the calculation of
benefits | 5 | | and employee contributions), the annual salary
based on the | 6 | | plan year of a member or participant to whom this Section | 7 | | applies shall not exceed $106,800; however, that amount shall | 8 | | annually thereafter be increased by the lesser of (i) 3% of | 9 | | that amount, including all previous adjustments, or (ii) | 10 | | one-half the annual unadjusted percentage increase (but not | 11 | | less than zero) in the consumer price index-u for the 12 months | 12 | | ending with the September preceding each November 1, including | 13 | | all previous adjustments. | 14 | | Nothing in this amendatory Act of the 101st General
| 15 | | Assembly shall cause or otherwise result in any retroactive
| 16 | | adjustment of any employee contributions. | 17 | | (b-5) For the purposes of this Section, "consumer price | 18 | | index-u" means the index published by the Bureau of Labor | 19 | | Statistics of the United States Department of Labor that | 20 | | measures the average change in prices of goods and services | 21 | | purchased by all urban consumers, United States city average, | 22 | | all items, 1982-84 = 100. The new amount resulting from each | 23 | | annual adjustment shall be determined by the Public Pension | 24 | | Division of the Department of Insurance and made available to | 25 | | the boards of the retirement systems and pension funds by | 26 | | November 1 of each year. |
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| 1 | | (c) Notwithstanding any other provision of this Article, | 2 | | for a person who first becomes a fireman under this Article on | 3 | | or after January 1, 2011, eligibility for and the amount of the | 4 | | annuity to which the qualified surviving spouse, children, and | 5 | | parents of the fireman are entitled under this subsection (c) | 6 | | shall be determined as follows: | 7 | | (1) The surviving spouse of a deceased fireman to whom | 8 | | this Section applies shall be deemed qualified to receive a | 9 | | Tier 2 surviving spouse's annuity under this paragraph (1) | 10 | | if: (i) the deceased fireman meets the requirements | 11 | | specified under subdivision (A), (B), (C), or (D) of this | 12 | | paragraph (1); and (ii) the surviving spouse would not | 13 | | otherwise be excluded from receiving a widow's annuity | 14 | | under the eligibility requirements for a widow's annuity | 15 | | set forth in Section 6-142. The Tier 2 surviving spouse's | 16 | | annuity is in lieu of the widow's annuity determined under | 17 | | any other Section of this Article and is subject to the | 18 | | requirements of Section 6-143.2. | 19 | | As used in this subsection (c), "earned pension" means | 20 | | a Tier 2 monthly retirement annuity determined under | 21 | | subsection (b) of this Section, including any increases the | 22 | | fireman had received pursuant to Section 6-164. | 23 | | (A) If the deceased fireman was receiving an earned | 24 | | pension at the date of his or her death, the Tier 2 | 25 | | surviving spouse's annuity under this paragraph (1) | 26 | | shall be in the amount of 66 2/3% of the fireman's |
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| 1 | | earned pension at the date of death. | 2 | | If the deceased fireman was a parent of a child or | 3 | | children, including any child who has been conceived | 4 | | but not yet born, and there is a surviving spouse, 12% | 5 | | of the fireman's earned pension at the date of death | 6 | | shall be granted to the guardian of any such minor | 7 | | child or children for each such child until attainment | 8 | | of age 18. Upon the death of the surviving spouse | 9 | | leaving one or more children under the age of 18, or | 10 | | upon the death of a fireman leaving one or more | 11 | | children under the age of 18 but no surviving spouse, a | 12 | | monthly pension of 20% of the fireman's monthly salary | 13 | | at the date of death shall be granted to the duly | 14 | | appointed guardian of each such child for the support | 15 | | and maintenance of each such child until the child | 16 | | reaches age 18. The benefit in this paragraph is in | 17 | | lieu of a benefit under paragraph (2) of this | 18 | | subsection (c) but does not apply if the beneficiary is | 19 | | entitled to receive a greater benefit under paragraph | 20 | | (2) of this subsection (c). | 21 | | (B) If the deceased fireman was not receiving an | 22 | | earned pension but had at least 10 years of service at | 23 | | the time of death, the Tier 2 surviving spouse's | 24 | | annuity under this paragraph (1) shall be the greater | 25 | | of: (i) 30% of the salary attached to the rank of first
| 26 | | class firefighter in the classified career service at
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| 1 | | the time of the fireman's death; (ii) 54% of the | 2 | | fireman's monthly salary at the time of the fireman's | 3 | | death; or (iii) (ii) 66 2/3% of the Tier 2 monthly | 4 | | retirement annuity that the deceased fireman would | 5 | | have been eligible to receive under subsection (b) of | 6 | | this Section, based upon the actual service accrued | 7 | | through the day before the fireman's death, but | 8 | | determined as though the fireman was at least age 55 on | 9 | | the day before his or her death and retired on that | 10 | | day. | 11 | | If the deceased fireman was a parent of a child or | 12 | | children, including any child who has been conceived | 13 | | but not yet born, and there is a surviving spouse, 12% | 14 | | of the fireman's monthly salary at the date of death | 15 | | shall be granted to the guardian of any such minor | 16 | | child or children for each such child until attainment | 17 | | of age 18. Upon the death of the surviving spouse | 18 | | leaving one or more children under the age of 18, or | 19 | | upon the death of a fireman leaving one or more | 20 | | children under the age of 18 but no surviving spouse, a | 21 | | monthly pension of 20% of the fireman's monthly salary | 22 | | at the date of death shall be granted to the duly | 23 | | appointed guardian of each such child for the support | 24 | | and maintenance of each such child until the child | 25 | | reaches age 18. The benefit in this paragraph is in | 26 | | lieu of a benefit under paragraph (2) of this |
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| 1 | | subsection (c) but does not apply if the beneficiary is | 2 | | entitled to receive a greater benefit under paragraph | 3 | | (2) of this subsection (c). | 4 | | (C) If the deceased fireman was an active fireman | 5 | | with at least 1 1/2 but less than 10 years of service | 6 | | at the time of death, the Tier 2 surviving spouse's | 7 | | annuity under this paragraph (1) shall be the greater | 8 | | of: (i) in the amount of 30% of the salary attached to | 9 | | the rank of first
class firefighter in the classified | 10 | | career service at
the time of the fireman's death ; or | 11 | | (ii) 54% of the fireman's monthly salary at the time of | 12 | | the fireman's death . | 13 | | If the deceased fireman was a parent of a child or | 14 | | children, including any child who has been conceived | 15 | | but not yet born, and there is a surviving spouse, 12% | 16 | | of the fireman's monthly salary at the date of death | 17 | | shall be granted to the guardian of any such minor | 18 | | child or children for each such child until attainment | 19 | | of age 18. Upon the death of the surviving spouse | 20 | | leaving one or more children under the age of 18, or | 21 | | upon the death of a fireman leaving one or more | 22 | | children under the age of 18 but no surviving spouse, a | 23 | | monthly pension of 20% of the fireman's monthly salary | 24 | | at the date of death shall be granted to the duly | 25 | | appointed guardian of each such child for the support | 26 | | and maintenance of each such child until the child |
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| 1 | | reaches age 18. The benefit in this paragraph is in | 2 | | lieu of a benefit under paragraph (2) of this | 3 | | subsection (c) but does not apply if the beneficiary is | 4 | | entitled to receive a greater benefit under paragraph | 5 | | (2) of this subsection (c). | 6 | | (D) Notwithstanding subdivisions (A), (B), and (C) | 7 | | of this paragraph (1), if the performance of an act or | 8 | | acts of duty results directly in the death of a fireman | 9 | | subject to this Section, or prevents him from | 10 | | subsequently resuming active service in the fire | 11 | | department, then a surviving spouse who would | 12 | | otherwise meet the eligibility requirements for a | 13 | | death in the line of duty widow's annuity granted under | 14 | | Section 6-140 shall be deemed to be qualified for a | 15 | | Tier 2 surviving spouse's annuity under this | 16 | | subdivision (D); except that no such annuity shall be | 17 | | paid to the
surviving spouse of a fireman who dies | 18 | | while in
receipt of disability benefits when the | 19 | | fireman's
death was caused by an intervening illness or | 20 | | injury unrelated to the illness or injury that had | 21 | | prevented him from subsequently resuming active | 22 | | service in the fire department. The Tier 2 surviving | 23 | | spouse's annuity calculated under this subdivision (D) | 24 | | shall be in lieu
of, but in the same amount and paid in | 25 | | the same manner
as, the widow's annuity provided under | 26 | | Section 6-140; except that the salary used for |
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| 1 | | computing a Tier 2 surviving spouse's annuity under | 2 | | this subdivision (D) shall be subject to the Tier 2 | 3 | | salary cap provided under subsection (b) of this | 4 | | Section. | 5 | | (E) Notwithstanding any other provision of this | 6 | | Article, the monthly Tier 2 surviving spouse's annuity | 7 | | under subdivision (A) or (B) of this paragraph (1)
| 8 | | shall be increased on the January 1 next occurring | 9 | | after (i) attainment of age 60 by the recipient of the | 10 | | Tier 2 surviving spouse's annuity or (ii) the first | 11 | | anniversary of the Tier 2 surviving spouse's annuity | 12 | | start date, whichever is later, and on
each January 1 | 13 | | thereafter, by 3% or one-half the annual unadjusted | 14 | | percentage increase in the consumer price index-u for | 15 | | the
12 months ending with September preceding each | 16 | | November 1, whichever is less, of the originally | 17 | | granted Tier 2 surviving spouse's annuity. If the | 18 | | annual unadjusted percentage change in
the consumer | 19 | | price index-u for a 12-month period ending in September | 20 | | is zero or, when compared with the preceding period, | 21 | | decreases, then the annuity shall not
be increased.
| 22 | | (F) Notwithstanding the other provisions of this | 23 | | paragraph (1), for a qualified surviving spouse who is | 24 | | entitled to a Tier 2 surviving spouse's annuity under | 25 | | subdivision (A), (B), (C), or (D) of this paragraph | 26 | | (1), that Tier 2 surviving spouse's annuity shall not |
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| 1 | | be less than the amount of the minimum widow's annuity | 2 | | established from time to time under Section 6-128.4. | 3 | | (2) Surviving children of a deceased fireman subject to | 4 | | this Section who would otherwise meet the eligibility | 5 | | requirements for a child's annuity set forth in Sections | 6 | | 6-147 and 6-148 shall be deemed qualified to receive a Tier | 7 | | 2 child's annuity under this subsection (c), which shall be | 8 | | in lieu of, but in the same amount and paid in the same | 9 | | manner as, the child's annuity provided under those | 10 | | Sections; except that any salary used for computing a Tier | 11 | | 2 child's annuity shall be subject to the Tier 2 salary cap | 12 | | provided under subsection (b) of this Section. For purposes | 13 | | of determining any pro rata reduction in child's annuities | 14 | | under this subsection (c), references in Section 6-148 to | 15 | | the combined annuities of the family shall be deemed to | 16 | | refer to the combined Tier 2 surviving spouse's annuity, if | 17 | | any, and the Tier 2 child's annuities payable under this | 18 | | subsection (c). | 19 | | (3) Surviving parents of a deceased fireman subject to | 20 | | this Section who would otherwise meet the eligibility | 21 | | requirements for a parent's annuity set forth in Section | 22 | | 6-149 shall be deemed qualified to receive a Tier 2 | 23 | | parent's annuity under this subsection (c), which shall be | 24 | | in lieu of, but in the same amount and paid in the same | 25 | | manner as, the parent's annuity provided under Section | 26 | | 6-149; except that any salary used for computing a Tier 2 |
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| 1 | | parent's annuity shall be subject to the Tier 2 salary cap | 2 | | provided under subsection (b) of this Section. For the | 3 | | purposes of this Section, a reference to "annuity" in | 4 | | Section 6-149 includes: (i) in the context of a widow, a | 5 | | Tier 2 surviving spouse's annuity and (ii) in the context | 6 | | of a child, a Tier 2 child's annuity. | 7 | | Notwithstanding Section 1-103.1, the changes made to this | 8 | | subsection by this amendatory Act of the 101st General Assembly | 9 | | apply without regard to whether the deceased fireman was in | 10 | | service on or after the effective date of this amendatory Act | 11 | | of the 101st General Assembly. The changes made by this | 12 | | amendatory Act of the 101st General Assembly shall not diminish | 13 | | the survivor's benefits described in this Section. | 14 | | (d) The General Assembly finds and declares that the | 15 | | provisions of this Section, as enacted by Public Act 96-1495, | 16 | | require clarification relating to necessary eligibility | 17 | | standards and the manner of determining and paying the intended | 18 | | Tier 2 benefits and contributions in order to enable the Fund | 19 | | to unambiguously implement and administer benefits for Tier 2 | 20 | | members. The changes to this Section and the conforming changes | 21 | | to Sections 6-150, 6-158, 6-164 (except for the changes to | 22 | | subsection (a) of that Section), 6-166, and 6-167 made by this | 23 | | amendatory Act of the 99th
General Assembly are enacted to | 24 | | clarify the provisions of this Section as enacted by Public Act | 25 | | 96-1495, and are hereby declared to represent and be consistent | 26 | | with the original and continuing intent of this Section and |
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| 1 | | Public Act 96-1495. | 2 | | (e) The changes to Sections 6-150, 6-158, 6-164 (except for | 3 | | the changes to subsection (a) of that Section), 6-166, and | 4 | | 6-167 made by this amendatory Act of the 99th General Assembly | 5 | | are intended to be retroactive to January 1, 2011 (the | 6 | | effective date of Public Act 96-1495) and, for the purposes of | 7 | | Section 1-103.1 of this Code, they apply without regard to | 8 | | whether the relevant fireman
was in service on or after the | 9 | | effective date of this amendatory Act of the 99th General | 10 | | Assembly. | 11 | | (Source: P.A. 99-905, eff. 11-29-16.)"; and | 12 | | by inserting immediately above Section 99 the following: | 13 | | "Section 90. The State Mandates Act is amended by adding | 14 | | Section 8.44 as follows: | 15 | | (30 ILCS 805/8.44 new) | 16 | | Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8 | 17 | | of this Act, no reimbursement by the State is required for the | 18 | | implementation of any mandate created by this amendatory Act of | 19 | | the 101st General Assembly. ".
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