Full Text of SB1506 095th General Assembly
SB1506 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1506
Introduced 2/9/2007, by Sen. James A. DeLeo SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/5-152 |
from Ch. 108 1/2, par. 5-152 |
30 ILCS 805/8.31 new |
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Amends the Chicago Police Article of the Illinois Pension Code. Provides that, for the purposes of child's annuities, no age limitation shall apply to a child who is so physically or mentally handicapped as to be unable to support himself or herself. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB1506 |
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LRB095 10169 AMC 30383 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 5-152 as follows:
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| (40 ILCS 5/5-152) (from Ch. 108 1/2, par. 5-152)
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| Sec. 5-152. Child's annuity - Conditions - Amount. A | 8 |
| child's
annuity shall be payable in the following cases of | 9 |
| policemen who die
on or after the effective date: (a) A | 10 |
| policeman whose death results
from injury incurred in the | 11 |
| performance of an act or acts of duty;
(b) a policeman who dies | 12 |
| in service from any cause; (c) a policeman
who withdraws upon | 13 |
| or after attainment of age 50 and who enters upon
or is | 14 |
| eligible for annuity; (d) a present employee with at least 20
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| years of service who dies after withdrawal, whether or not he | 16 |
| has
entered upon annuity.
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| A child to be eligible must have been born or legally | 18 |
| adopted
before the policeman has withdrawn from service. In the | 19 |
| case of an adopted
child, the policeman shall be married and | 20 |
| living with his wife at the
time of the adoption, and the | 21 |
| proceedings for adoption must have been
initiated at least 6 | 22 |
| months prior to the policeman's death. The requirement
that the | 23 |
| proceedings for adoption be initiated at least 6 months prior |
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SB1506 |
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LRB095 10169 AMC 30383 b |
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| to
the policeman's death does not apply where death occurs as a | 2 |
| result of
an act of duty.
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| Only one annuity shall be granted and paid for the benefit | 4 |
| of
any child if both parents have been policemen.
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| The annuity shall be paid, without regard to the fact that
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| the death of the deceased policeman parent may have occurred | 7 |
| prior to
the effective date of this amendatory Act of 1975, in
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| an amount equal to 10% of the
annual maximum salary attached to | 9 |
| the classified civil
service position of a first class | 10 |
| patrolman
on July 1, 1975, or the date of the policeman's | 11 |
| death, whichever is later,
for each child while a widow or | 12 |
| widower of the
deceased policeman survives and in
an amount | 13 |
| equal to 15% of the annual maximum
salary attached to the | 14 |
| classified civil service position of a first
class patrolman on | 15 |
| July 1, 1975, or the date of the policeman's death, whichever
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| is later, while no widow
or widower shall survive,
provided | 17 |
| that if the combined annuities for the widow
and children of a | 18 |
| policeman who dies on or after September 26, 1969,
as the | 19 |
| result of an act of duty, or for the children of such
policeman | 20 |
| in any case wherein a widow or widower does not exist,
exceed | 21 |
| the salary that would ordinarily have been paid to him if
he | 22 |
| had been in the active discharge of his duties, all such | 23 |
| annuities shall be
reduced pro rata so that the combined | 24 |
| annuities for the family shall
not exceed such limitation. The | 25 |
| compensation portion of the annuity
of the widow shall not be | 26 |
| considered in making such reduction.
No age limitation in this |
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SB1506 |
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LRB095 10169 AMC 30383 b |
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| Section or Section 5-151 shall apply to a child who is so | 2 |
| physically or mentally handicapped as to be unable to support | 3 |
| himself or herself. Benefits payable under this Section shall | 4 |
| not be reduced or
terminated by reason of any child's | 5 |
| attainment of age 18 if he is then
dependent by reason of a | 6 |
| physical or mental disability but shall continue
to be paid as | 7 |
| long as such dependency continues. For the purposes of this
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| subsection, "disability" means inability to engage in any | 9 |
| substantial
gainful activity by reason of any medically | 10 |
| determinable physical or
mental impairment which can be | 11 |
| expected to result in death or which has
lasted or can be | 12 |
| expected to last for a continuous period of not less
than 12 | 13 |
| months.
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| In the case of a family of a policeman who dies on or after
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| September 26, 1969, as the result of any cause other than the | 16 |
| performance
of an act of duty, in which annuities for such | 17 |
| family exceed an amount
equal to 60% of the salary that would | 18 |
| ordinarily have been paid to
him if he had been in the active | 19 |
| discharge of his duties, all such
annuities shall be reduced | 20 |
| pro rata so that the combined annuities shall
not exceed such | 21 |
| limitation.
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| Child's annuity shall be paid to the parent providing for
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| the child, unless another person is appointed by a court of law | 24 |
| as
the child's guardian.
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| (Source: P.A. 79-699; 79-881; 79-1454.)
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SB1506 |
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LRB095 10169 AMC 30383 b |
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| Section 90. The State Mandates Act is amended by adding | 2 |
| Section 8.31 as follows: | 3 |
| (30 ILCS 805/8.31 new) | 4 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 5 |
| of this Act, no reimbursement by the State is required for the | 6 |
| implementation of any mandate created by this amendatory Act of | 7 |
| the 95th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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