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Full Text of SB4053  102nd General Assembly

SB4053 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4053

 

Introduced 1/21/2022, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/5-167.4  from Ch. 108 1/2, par. 5-167.4
40 ILCS 5/6-128.4  from Ch. 108 1/2, par. 6-128.4
30 ILCS 805/8.46 new

    Amends the Chicago Police and Chicago Firefighter Articles of the Illinois Pension Code. Provides that beginning January 1, 2023, the minimum widow's annuity shall be no less than 150% (rather than 125%) of the Federal Poverty Level for all persons receiving widow's annuities on or after that date, without regard to whether the deceased policeman or fireman is in service on or after the effective date of the amendatory Act. Makes a conforming change. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.


LRB102 24736 RPS 33976 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

SB4053LRB102 24736 RPS 33976 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Sections 5-167.4 and 6-128.4 as follows:
 
6    (40 ILCS 5/5-167.4)   (from Ch. 108 1/2, par. 5-167.4)
7    Sec. 5-167.4. Widow annuitant minimum annuity.
8    (a) Notwithstanding any other provision of this Article,
9beginning January 1, 1996, the minimum amount of widow's
10annuity payable to any person who is entitled to receive a
11widow's annuity under this Article is $700 per month, without
12regard to whether the deceased policeman is in service on or
13after the effective date of this amendatory Act of 1995.
14    Notwithstanding any other provision of this Article,
15beginning January 1, 1999, the minimum amount of widow's
16annuity payable to any person who is entitled to receive a
17widow's annuity under this Article is $800 per month, without
18regard to whether the deceased policeman is in service on or
19after the effective date of this amendatory Act of 1998.
20    Notwithstanding any other provision of this Article,
21beginning January 1, 2004, the minimum amount of widow's
22annuity payable to any person who is entitled to receive a
23widow's annuity under this Article is $900 per month, without

 

 

SB4053- 2 -LRB102 24736 RPS 33976 b

1regard to whether the deceased policeman is in service on or
2after the effective date of this amendatory Act of the 93rd
3General Assembly.
4    Notwithstanding any other provision of this Article,
5beginning January 1, 2005, the minimum amount of widow's
6annuity payable to any person who is entitled to receive a
7widow's annuity under this Article is $1,000 per month,
8without regard to whether the deceased policeman is in service
9on or after the effective date of this amendatory Act of the
1093rd General Assembly.
11    (b) Effective January 1, 1994, the minimum amount of
12widow's annuity shall be $700 per month for the following
13classes of widows, without regard to whether the deceased
14policeman is in service on or after the effective date of this
15amendatory Act of 1993: (1) the widow of a policeman who dies
16in service with at least 10 years of service credit, or who
17dies in service after June 30, 1981; and (2) the widow of a
18policeman who withdraws from service with 20 or more years of
19service credit and does not withdraw a refund, provided that
20the widow is married to the policeman before he withdraws from
21service.
22    (b-5) Notwithstanding any other provision of this Article,
23beginning January 1, 2017 and until January 1, 2023, the
24minimum widow's annuity under this Article shall be no less
25than 125% of the Federal Poverty Level for all persons
26receiving widow's annuities on or after that date, without

 

 

SB4053- 3 -LRB102 24736 RPS 33976 b

1regard to whether the deceased policeman is in service on or
2after the effective date of this amendatory Act of the 99th
3General Assembly.
4    Notwithstanding any other provision of this Article,
5beginning January 1, 2023, the minimum widow's annuity under
6this Article shall be no less than 150% of the Federal Poverty
7Level for all persons receiving widow's annuities on or after
8that date, without regard to whether the deceased policeman is
9in service on or after the effective date of this amendatory
10Act of the 102nd General Assembly.
11    For purposes of this Section, "Federal Poverty Level"
12means the poverty guidelines applicable to an individual in a
13single-person household located in Illinois, as updated
14periodically in the Federal Register by the United States
15Department of Health and Human Services under the authority of
1642 U.S.C. 9902(2).
17    (c) The city, in addition to the contributions otherwise
18made by it under the other provisions of this Article, shall
19make such contributions as are necessary for the minimum
20widow's annuities provided under this Section in the manner
21prescribed in Section 5-175.
22(Source: P.A. 99-905, eff. 11-29-16.)
 
23    (40 ILCS 5/6-128.4)   (from Ch. 108 1/2, par. 6-128.4)
24    Sec. 6-128.4. Minimum widow's annuities.
25    (a) Notwithstanding any other provision of this Article,

 

 

SB4053- 4 -LRB102 24736 RPS 33976 b

1beginning January 1, 1996, the minimum amount of widow's
2annuity payable to any person who is entitled to receive a
3widow's annuity under this Article is $700 per month, without
4regard to whether the deceased fireman is in service on or
5after the effective date of this amendatory Act of 1995.
6    (b) Notwithstanding Section 6-128.3, beginning January 1,
71994, the minimum widow's annuity under this Article shall be
8$700 per month for (1) all persons receiving widow's annuities
9on that date who are survivors of employees who retired at age
1050 or over with at least 20 years of service, and (2) persons
11who become eligible for widow's annuities and are survivors of
12employees who retired at age 50 or over with at least 20 years
13of service.
14    (c) Notwithstanding Section 6-128.3, beginning January 1,
151999, the minimum widow's annuity under this Article shall be
16$800 per month for (1) all persons receiving widow's annuities
17on that date who are survivors of employees who retired at age
1850 or over with at least 20 years of service, and (2) persons
19who become eligible for widow's annuities and are survivors of
20employees who retired at age 50 or over with at least 20 years
21of service.
22    (d) Notwithstanding Section 6-128.3, beginning January 1,
232004, the minimum widow's annuity under this Article shall be
24$900 per month for all persons receiving widow's annuities on
25or after that date, without regard to whether the deceased
26fireman is in service on or after the effective date of this

 

 

SB4053- 5 -LRB102 24736 RPS 33976 b

1amendatory Act of the 93rd General Assembly.
2    (e) Notwithstanding Section 6-128.3, beginning January 1,
32005, the minimum widow's annuity under this Article shall be
4$1,000 per month for all persons receiving widow's annuities
5on or after that date, without regard to whether the deceased
6fireman is in service on or after the effective date of this
7amendatory Act of the 93rd General Assembly.
8    (f) Notwithstanding Section 6-128.3, beginning January 1,
92017 and until January 1, 2023, the minimum widow's annuity
10under this Article shall be no less than 125% of the Federal
11Poverty Level for all persons receiving widow's annuities on
12or after that date, without regard to whether the deceased
13fireman is in service on or after the effective date of this
14amendatory Act of the 99th General Assembly.
15    Notwithstanding Section 6-128.3, beginning January 1,
162023, the minimum widow's annuity under this Article shall be
17no less than 150% of the Federal Poverty Level for all persons
18receiving widow's annuities on or after that date, without
19regard to whether the deceased fireman is in service on or
20after the effective date of this amendatory Act of the 102nd
21General Assembly.
22    For purposes of this Section, "Federal Poverty Level"
23means the poverty guidelines applicable to an individual in a
24single-person household located in Illinois, as updated
25periodically in the Federal Register by the United States
26Department of Health and Human Services under the authority of

 

 

SB4053- 6 -LRB102 24736 RPS 33976 b

142 U.S.C. 9902(2).
2(Source: P.A. 99-905, eff. 11-29-16.)
 
3    Section 90. The State Mandates Act is amended by adding
4Section 8.46 as follows:
 
5    (30 ILCS 805/8.46 new)
6    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
78 of this Act, no reimbursement by the State is required for
8the implementation of any mandate created by this amendatory
9Act of the 102nd General Assembly.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.