Full Text of SB3939 096th General Assembly
SB3939 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3939
Introduced 5/26/2010, by Sen. Michael W. Frerichs SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/3-114.1 |
from Ch. 108 1/2, par. 3-114.1 |
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Amends the Downstate Police Article of the Illinois Pension Code. Provides that the changes made to certain provisions concerning duty disability pensions by Public Act 91-939 apply to all disability retirement pensions that became payable on or after January 1, 1998 through February 1, 2001 (the effective date of Public Act 91-939) for police officers with 30 years or more of creditable service under this Article. Provides that, for a person receiving a disability retirement pension on the effective date of the amendatory Act, the increase, if any, shall begin to accrue on the first benefit payment date following that effective date. 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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SB3939 |
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LRB096 21435 AMC 37843 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 3-114.1 as follows:
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| (40 ILCS 5/3-114.1) (from Ch. 108 1/2, par. 3-114.1)
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| Sec. 3-114.1. Disability pension - Line of duty.
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| (a) If a police officer as the result of sickness, accident | 9 |
| or injury
incurred in or resulting from the performance of an | 10 |
| act of duty, is found to be
physically or mentally disabled for | 11 |
| service in the police department, so as to
render necessary his | 12 |
| or her suspension or retirement from the police service,
the | 13 |
| police officer shall be entitled to a disability retirement | 14 |
| pension equal
to the greatest of (1) 65% of the salary attached | 15 |
| to the rank on the
police force held by the officer at the date | 16 |
| of suspension of duty or
retirement, (2) the retirement pension | 17 |
| that the police officer would be
eligible to receive if he or | 18 |
| she retired (but not including any automatic
annual increase in | 19 |
| that retirement pension), or (3) the pension provided
under | 20 |
| subsection (d), if applicable.
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| The changes made to this subsection (a) by Public Act | 22 |
| 91-939 apply to all disability retirement pensions that became | 23 |
| payable on or after January 1, 1998 through February 1, 2001 |
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SB3939 |
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LRB096 21435 AMC 37843 b |
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| (the effective date of Public Act 91-939) for police officers | 2 |
| with 30 years or more of creditable service under this Article. | 3 |
| In the case of a person receiving a disability retirement | 4 |
| pension on the effective date of this amendatory Act of the | 5 |
| 96th General Assembly, the increase, if any, shall begin to | 6 |
| accrue on the first benefit payment date following that | 7 |
| effective date. | 8 |
| A police officer shall be considered "on duty" while on any | 9 |
| assignment
approved by the chief of the police department of | 10 |
| the municipality he or she
serves, whether the assignment is | 11 |
| within or outside the municipality.
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| (b) If a police officer on disability pension dies while | 13 |
| still disabled,
the disability pension shall continue to be | 14 |
| paid to his or her survivors in the
sequence provided in | 15 |
| Section 3-112.
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| (c) From and after July 1, 1987, any pension payable under | 17 |
| this
Section shall be at least $400 per month, without regard | 18 |
| to the fact that
the disability or death of the police officer | 19 |
| occurred prior to that date.
If the minimum pension established | 20 |
| in Section 3-113.1 is greater than the
minimum provided in this | 21 |
| Section, the Section 3-113.1 minimum controls.
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| (d) A disabled police officer who (1) is receiving a | 23 |
| pension under this
Section
on the effective date of this | 24 |
| amendatory Act of the 91st General Assembly, (2)
files with the | 25 |
| Fund, within 30 days after that effective date and annually
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| thereafter while the pension remains payable, a written |
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SB3939 |
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LRB096 21435 AMC 37843 b |
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| application for the
benefits of this subsection, including an | 2 |
| affidavit stating that the applicant
has not earned any income | 3 |
| from gainful employment during the most recently
concluded tax | 4 |
| year and a copy of his or her most recent Illinois income tax
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| return, (3) has service credit in the Fund for at least 7 years | 6 |
| of active duty,
and (4) has been receiving the pension under | 7 |
| this Section for a period which,
when added to the officer's | 8 |
| total service credit in the Fund, equals at least
20 years, | 9 |
| shall be eligible to receive an annual noncompounded increase | 10 |
| in his
or her pension under this Section, equal to 3% of the | 11 |
| original pension.
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| The Fund may take appropriate steps to verify the | 13 |
| applicant's disability
and earnings status, and for this | 14 |
| purpose may request from the Department of
Revenue a certified | 15 |
| copy of the applicant's Illinois income tax return for any
year | 16 |
| for which a benefit under this Section is payable or has been | 17 |
| paid.
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| The annual increase shall accrue on each anniversary of the | 19 |
| initial pension
payment date, for so long as the pension | 20 |
| remains payable to the disabled police
officer and the required | 21 |
| annual application is made, except that the annual
increases | 22 |
| under this subsection shall cease if the disabled police | 23 |
| officer
earns income from gainful employment. Within 60 days | 24 |
| after accepting an
initial application under this subsection, | 25 |
| the Fund shall pay to the disabled
police officer, in a lump | 26 |
| sum without interest, the amounts resulting from the
annual |
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SB3939 |
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LRB096 21435 AMC 37843 b |
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| increases that have accrued retroactively.
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| This subsection is not limited to persons in active service | 3 |
| on or after its
effective date, but it applies only to a | 4 |
| pension that is payable under this
Section to a disabled police | 5 |
| officer (rather than a survivor). Upon the death
of the | 6 |
| disabled police officer, the annuity payable under this Section | 7 |
| to his
or her survivors shall include any annual increases | 8 |
| previously received, but no
additional increases shall accrue | 9 |
| under this subsection.
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| (Source: P.A. 91-939, eff. 2-1-01.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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