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90_HB0659
40 ILCS 5/4-114 from Ch. 108 1/2, par. 4-114
30 ILCS 805/8.21 new
Amends the Downstate Firefighter Article of the Pension
Code to provide that the pension of the surviving spouse of a
firefighter who dies in the line of duty shall not be less
than 100% of the salary attached to the rank held by the
deceased firefighter on the last day of service. Amends the
State Mandates Act to require implementation without
reimbursement. Effective immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Section 4-114 and to amend the State Mandates Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 4-114 as follows:
7 (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
8 Sec. 4-114. Pension to survivors. If a firefighter who
9 is not receiving a disability pension under Section 4-110 or
10 4-110.1 dies (1) as a result of any illness or accident, or
11 (2) from any cause while in receipt of a disability pension
12 under this Article, or (3) during retirement after 20 years
13 service, or (4) while vested for or in receipt of a pension
14 payable under subsection (b) of Section 4-109, or (5) while a
15 deferred pensioner, having made all required contributions, a
16 pension shall be paid to his or her survivors, based on the
17 monthly salary attached to the firefighter's rank on the last
18 day of service in the fire department, as follows:
19 (a) To the surviving spouse, a monthly pension of 40% of
20 the monthly salary, and to the guardian of any minor child or
21 children including a child which has been conceived but not
22 yet born, 12% of such monthly salary for each such child
23 until attainment of age 18 or until the child's marriage,
24 whichever occurs first. Beginning July 1, 1993, the monthly
25 pension to the surviving spouse shall be 54% of the monthly
26 salary for all persons receiving a surviving spouse pension
27 under this Article, regardless of whether the deceased
28 firefighter was in service on or after the effective date of
29 this amendatory Act of 1993.
30 The pension to the surviving spouse shall terminate in
31 the event of the surviving spouse's remarriage prior to July
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1 1, 1993; remarriage on or after that date does not affect the
2 surviving spouse's pension, regardless of whether the
3 deceased firefighter was in service on or after the effective
4 date of this amendatory Act of 1993.
5 The surviving spouse's pension shall be subject to the
6 minimum established in Section 4-109.2.
7 (b) Upon the death of the surviving spouse leaving one
8 or more minor children, to the duly appointed guardian of
9 each such child, for support and maintenance of each such
10 child until the child reaches age 18 or marries, whichever
11 occurs first, a monthly pension of 20% of the monthly salary.
12 (c) If a deceased firefighter leaves no surviving spouse
13 or unmarried minor children under age 18, but leaves a
14 dependent father or mother, to each dependent parent a
15 monthly pension of 18% of the monthly salary. To qualify for
16 the pension, a dependent parent must furnish satisfactory
17 proof that the deceased firefighter was at the time of his or
18 her death the sole supporter of the parent or that the parent
19 was the deceased's dependent for federal income tax purposes.
20 (d) The total pension provided under paragraphs (a), (b)
21 and (c) of this Section shall not exceed 75% of the monthly
22 salary of the deceased firefighter (1) when paid to the
23 survivor of a firefighter who has attained 20 or more years
24 of service credit and who receives or is eligible to receive
25 a retirement pension under this Article, or (2) when paid to
26 the survivor of a firefighter who dies as a result of illness
27 or accident, or (3) when paid to the survivor of a
28 firefighter who dies from any cause while in receipt of a
29 disability pension under this Article, or (4) when paid to
30 the survivor of a deferred pensioner. For all other
31 survivors of deceased firefighters, the total pension
32 provided under paragraphs (a), (b) and (c) of this Section
33 shall not exceed 50% of the retirement annuity the
34 firefighter would have received on the date of death.
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1 (e) If a firefighter leaves no eligible survivors under
2 paragraphs (a), (b) and (c), the board shall refund to the
3 firefighter's estate the amount of his or her accumulated
4 contributions, less the amount of pension payments, if any,
5 made to the firefighter while living.
6 (f) An adopted child is eligible for the pension
7 provided under paragraph (a) if the child was adopted before
8 the firefighter attained age 50.
9 (g) If a judgment of dissolution of marriage between a
10 firefighter and spouse is judicially set aside subsequent to
11 the firefighter's death, the surviving spouse is eligible for
12 the pension provided in paragraph (a) only if the judicial
13 proceedings are filed within 2 years after the date of the
14 dissolution of marriage and within one year after the
15 firefighter's death and the board is made a party to the
16 proceedings. In such case the pension shall be payable only
17 from the date of the court's order setting aside the judgment
18 of dissolution of marriage.
19 (h) Benefits payable on account of a child under this
20 Section shall not be reduced or terminated by reason of the
21 child's attainment of age 18 if he or she is then dependent
22 by reason of a physical or mental disability but shall
23 continue to be paid as long as such dependency continues.
24 Individuals over the age of 18 and adjudged as a disabled
25 person pursuant to Article XIa of the Probate Act of 1975,
26 except for persons receiving benefits under Article III of
27 the Illinois Public Aid Code, shall be eligible to receive
28 benefits under this Act.
29 (i) Notwithstanding subsection (d) or any the other
30 provisions of this Section, the pension of the surviving
31 spouse of a firefighter who dies on or after the effective
32 date of this amendatory Act of 1997 as a result of sickness,
33 accident, or injury incurred in or resulting from the
34 performance of an act of duty or from the cumulative effects
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1 of acts of duty shall not be less than 100% of the salary
2 attached to the rank held by the deceased firefighter on the
3 last day of service.
4 (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)
5 Section 90. The State Mandates Act is amended by adding
6 Section 8.21 as follows:
7 (30 ILCS 805/8.21 new)
8 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
9 and 8 of this Act, no reimbursement by the State is required
10 for the implementation of any mandate created by this
11 amendatory Act of 1997.
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.