Full Text of HB0171 102nd General Assembly
HB0171ham001 102ND GENERAL ASSEMBLY | Rep. Lawrence Walsh, Jr. Filed: 3/18/2021
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| 1 | | AMENDMENT TO HOUSE BILL 171
| 2 | | AMENDMENT NO. ______. Amend House Bill 171 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Section 4-109.1 as follows: | 6 | | (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
| 7 | | Sec. 4-109.1. Increase in pension.
| 8 | | (a) Except as provided in subsection (e), the monthly | 9 | | pension of a
firefighter who retires after July 1, 1971 and | 10 | | prior to January 1, 1986, shall,
upon either the first of the | 11 | | month following the first anniversary of the date
of | 12 | | retirement if 60 years of age or over at retirement date, or | 13 | | upon the first
day of the month following attainment of age 60 | 14 | | if it occurs after the first
anniversary of retirement, be | 15 | | increased by 2% of the originally granted monthly
pension and | 16 | | by an additional 2% in each January thereafter. Effective |
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| 1 | | January
1976, the rate of the annual increase shall be 3% of | 2 | | the originally granted
monthly pension.
| 3 | | (b) The monthly pension of a firefighter who retired
from | 4 | | service with 20 or more years of service, on or before
July 1, | 5 | | 1971, shall be increased, in January of the year
following the | 6 | | year of attaining age 65 or in January
1972, if then over age | 7 | | 65, by 2% of the originally granted monthly
pension, for each | 8 | | year the firefighter received pension payments.
In each | 9 | | January thereafter, he or she shall receive an additional
| 10 | | increase of 2% of the original monthly pension. Effective
| 11 | | January 1976, the rate of the annual increase shall be 3%.
| 12 | | (c) The monthly pension of a firefighter who is receiving
| 13 | | a disability pension under this Article shall be increased, in
| 14 | | January of the year following the year the firefighter attains
| 15 | | age 60, or in January 1974, if then over age 60, by 2% of the
| 16 | | originally granted monthly pension for each
year he or she | 17 | | received pension payments.
In each January thereafter, the | 18 | | firefighter shall receive an additional
increase of 2% of the | 19 | | original monthly pension. Effective January 1976,
the rate of | 20 | | the annual increase shall be 3%.
| 21 | | (c-1) On January 1, 1998, every child's disability benefit | 22 | | payable on that
date under Section 4-110 or 4-110.1 shall be | 23 | | increased by an amount equal to
1/12 of 3% of the amount of the | 24 | | benefit, multiplied by the number of months for
which the | 25 | | benefit has been payable. On each January 1 thereafter, every
| 26 | | child's disability benefit payable under Section 4-110 or |
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| 1 | | 4-110.1 shall be
increased by 3% of the amount of the benefit | 2 | | then being paid, including any
previous increases received | 3 | | under this Article. These increases are not
subject to any | 4 | | limitation on the maximum benefit amount included in Section
| 5 | | 4-110 or 4-110.1.
| 6 | | (c-2) On July 1, 2004, every pension payable to or on | 7 | | behalf of a minor
or disabled surviving child that is payable | 8 | | on that date under Section 4-114
shall be increased by an | 9 | | amount equal to 1/12 of 3% of the amount of the
pension, | 10 | | multiplied by the number of months for which the benefit has | 11 | | been
payable. On July 1, 2005, July 1, 2006, July 1, 2007, and | 12 | | July 1, 2008, every pension payable to or on behalf
of a minor | 13 | | or disabled surviving child that is payable under Section | 14 | | 4-114
shall be increased by 3% of the amount of the pension | 15 | | then being paid,
including any previous increases received | 16 | | under this Article. These increases
are not subject to any | 17 | | limitation on the maximum benefit amount included in
Section | 18 | | 4-114.
| 19 | | (d) The monthly pension of a firefighter who retires after | 20 | | January 1,
1986, shall, upon either the first of the month | 21 | | following the first
anniversary of the date of retirement if | 22 | | 55 years of age or over, or
upon the first day of the month | 23 | | following attainment of
age 55 if it occurs after the first | 24 | | anniversary of retirement, be increased
by 1/12 of 3% of the | 25 | | originally granted monthly pension for each full
month that | 26 | | has elapsed since the pension began, and by an
additional 3% in |
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| 1 | | each January thereafter.
| 2 | | The changes made to this subsection (d) by this amendatory | 3 | | Act of the 91st
General Assembly apply to all initial | 4 | | increases that become payable under this
subsection on or | 5 | | after January 1, 1999. All initial increases that became
| 6 | | payable under this subsection on or after January 1, 1999 and | 7 | | before the
effective date of this amendatory Act shall be | 8 | | recalculated and the additional
amount accruing for that | 9 | | period, if any, shall be payable to the pensioner in a
lump | 10 | | sum.
| 11 | | (e) Notwithstanding the provisions of subsection (a), upon | 12 | | the
first day of the month following (1) the first anniversary | 13 | | of the date of
retirement, or (2) the attainment of age 55, or | 14 | | (3) July 1, 1987, whichever
occurs latest, the monthly pension | 15 | | of a firefighter who retired on or after
January 1, 1977 and on | 16 | | or before January 1, 1986 and did not receive an
increase under | 17 | | subsection (a) before July 1, 1987,
shall be increased by 3% of | 18 | | the originally granted monthly pension for
each full year that | 19 | | has elapsed since the pension began, and by an
additional 3% in | 20 | | each January thereafter. The increases provided under
this | 21 | | subsection are in lieu of the increases provided in subsection | 22 | | (a).
| 23 | | (f) In July 2009, the monthly pension of a
firefighter who | 24 | | retired before July 1, 1977 shall be recalculated and | 25 | | increased to reflect the amount that the firefighter would | 26 | | have received in July 2009 had the firefighter been receiving |
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| 1 | | a 3% compounded increase for each year he or she received | 2 | | pension payments after January 1, 1986, plus any increases in | 3 | | pension received for each year prior to January 1, 1986. In | 4 | | each January thereafter, he or she shall receive an additional
| 5 | | increase of 3% of the amount of the pension then being paid. | 6 | | The changes made to this Section by this amendatory Act of the | 7 | | 96th General Assembly apply without regard to whether the | 8 | | firefighter was in service on or after its effective date. | 9 | | (g) Notwithstanding any other provision of this Article, | 10 | | the monthly pension of a
person who first becomes a | 11 | | firefighter under this Article on or after January 1, 2011 | 12 | | shall be increased on the January 1 occurring either on or | 13 | | after the attainment of age 60 or the first anniversary of the | 14 | | pension start date, whichever is later. Each annual increase | 15 | | shall be calculated at 3% or one-half the annual unadjusted | 16 | | percentage increase (but not less than zero) in the consumer | 17 | | price index-u for the 12 months ending with the September | 18 | | preceding each November 1, whichever is less, of the | 19 | | originally granted pension. If the annual unadjusted | 20 | | percentage change in the consumer price index-u for a 12-month | 21 | | period ending in September is zero or, when compared with the | 22 | | preceding period, decreases, then the pension shall not be | 23 | | increased. | 24 | | For the purposes of this subsection (g), "consumer price | 25 | | index-u" means the index published by the Bureau of Labor | 26 | | Statistics of the United States Department of Labor that |
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| 1 | | measures the average change in prices of goods and services | 2 | | purchased by all urban consumers, United States city average, | 3 | | all items, 1982-84 = 100. The new amount resulting from each | 4 | | annual adjustment shall be determined by the Public Pension | 5 | | Division of the Department of Insurance and made available to | 6 | | the boards of the pension funds. | 7 | | Notwithstanding Section 1-103.1, the changes made by this | 8 | | amendatory Act of the 102nd General Assembly apply without | 9 | | regard to whether the person who first became a firefighter | 10 | | under this Article on or after January 1, 2011 is in active | 11 | | service under this Article on or after the effective date of | 12 | | this amendatory Act of the 102nd General Assembly. | 13 | | (Source: P.A. 96-775, eff. 8-28-09; 96-1495, eff. 1-1-11.)
| 14 | | Section 90. The State Mandates Act is amended by adding | 15 | | Section 8.45 as follows: | 16 | | (30 ILCS 805/8.45 new) | 17 | | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and | 18 | | 8 of this Act, no reimbursement by the State is required for | 19 | | the implementation of any mandate created by this amendatory | 20 | | Act of the 102nd General Assembly.
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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