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90_HB0769
40 ILCS 5/6-111 from Ch. 108 1/2, par. 6-111
40 ILCS 5/6-128.2 from Ch. 108 1/2, par. 6-128.2
40 ILCS 5/6-128.4 from Ch. 108 1/2, par. 6-128.4
40 ILCS 5/6-164.2 from Ch. 108 1/2, par. 6-164.2
30 ILCS 805/8.21 new
Amends the Chicago Firefighter Article of the Pension
Code. Extends the annuitant health insurance plan through
December 31, 2002. Changes the definition of salary to
include duty availability pay and the full amount of
ambulance commander compensation. Allows certain persons to
have their salary for pension purposes retroactively adjusted
to include duty availability pay and the full ambulance
commander compensation received since January 1, 1995, upon
payment of the corresponding employee contributions without
interest. Increases the minimum retirement annuity to $1000
per month for certain annuitants. Increases the minimum
widow's annuity to $800 per month for certain widows. Amends
the State Mandates Act to require implementation without
reimbursement. Effective immediately.
LRB9003876EGfg
LRB9003876EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 6-111, 6-128.2, 6-128.4, and 6-164.2 and to amend
3 the State Mandates Act.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Pension Code is amended by
7 changing Sections 6-111, 6-128.2, 6-128.4, and 6-164.2 as
8 follows:
9 (40 ILCS 5/6-111) (from Ch. 108 1/2, par. 6-111)
10 Sec. 6-111. Salary. "Salary": Subject to Section 6-211,
11 the annual salary of a fireman, as follows:
12 (a) For age and service annuity, minimum annuity, and
13 disability benefits, the actual amount of the annual salary,
14 except as otherwise provided in this Article.;
15 (b) For prior service annuity, widow's annuity, widow's
16 prior service annuity and child's annuity to and including
17 August 31, 1957, the amount of the annual salary up to a
18 maximum of $3,000.;
19 (c) Except as otherwise provided in Section 6-141.1, for
20 widow's annuity, beginning September 1, 1957, the amount of
21 annual salary up to a maximum of $6,000.
22 (d) Beginning on the effective date of this amendatory
23 Act of 1997 (and for any period prior to that date for which
24 contributions have been paid under subsection (e) of this
25 Section), the salary of a fireman, as calculated for any
26 purpose under this Article, shall include any duty
27 availability pay received by the fireman pursuant to a
28 collective bargaining agreement, and references in this
29 Article to the salary attached to or appropriated for the
30 permanent or classified civil service rank, grade, or
31 position of the fireman shall be deemed to include that duty
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1 availability pay.
2 (e) An active or former fireman who received duty
3 availability pay at any time after December 31, 1994 and
4 before the effective date of this amendatory Act of 1997 and
5 who either (1) retired during that period or (2) had attained
6 age 46 and at least 16 years of service by the effective date
7 of this amendatory Act of 1997 may elect to have that duty
8 availability pay included in the calculation of his or her
9 salary for any portion of that period for which the pay was
10 received, by applying in writing and paying to the Fund, no
11 later December 31, 2000, the corresponding employee
12 contribution, without interest.
13 In the case of an applicant who is receiving an annuity
14 at the time the application and contribution are received by
15 the Fund, the annuity shall be recalculated and the resulting
16 increase shall become payable on the next annuity payment
17 date following the date the contribution is received by the
18 Fund.
19 In the case of an active or former fireman who (i) dies
20 before January 1, 2001 without making an election under this
21 subsection and (ii) was eligible to make an election under
22 this subsection at the time of death (or would have been
23 eligible had the death occurred after the effective date of
24 this amendatory Act of 1997), any surviving spouse, child, or
25 parent of the fireman who is eligible to receive a benefit
26 under this Article based on the fireman's salary may make
27 that election and pay the required contribution on behalf of
28 the deceased fireman. If the death occurs within the 30 days
29 immediately preceding January 1, 2001, the deadline for
30 application and payment is extended to January 31, 2001.
31 Any duty availability pay for which the corresponding
32 employee contribution has not been paid shall not be included
33 in the calculation of salary.
34 (f) Beginning on the effective date of this amendatory
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1 Act of 1997 (and for any period prior to that date for which
2 contributions have been paid under subsection (g) of this
3 Section), with respect to a fireman holding the rank of
4 ambulance commander, references in this Article to the
5 fireman's salary or the salary attached to or appropriated
6 for the permanent or classified civil service rank, grade, or
7 position of the fireman shall be deemed to refer to the full
8 amount of the salary attached to the rank of ambulance
9 commander and shall not be limited to the salary attached to
10 the rank held by the fireman before attaining the rank of
11 ambulance commander.
12 (g) An active or former fireman who, at any time after
13 December 31, 1994 and before the effective date of this
14 amendatory Act of 1997, held the rank of ambulance commander
15 and whose employee contributions to the Fund were based on an
16 amount less than the full salary then attached to the rank of
17 ambulance commander and received by the fireman and who
18 either (1) retired during that period or (2) has attained age
19 46 and at least 16 years of service by the effective date of
20 this amendatory Act of 1997 may elect to have the full amount
21 of the salary attached to that rank included in the
22 calculation of his or her salary for any portion of that
23 period during which the fireman held the rank of ambulance
24 commander, by applying in writing and paying to the Fund, no
25 later than December 31, 2000, the appropriate additional
26 employee contribution, without interest.
27 In the case of an applicant who is receiving an annuity
28 at the time the application and contribution are received by
29 the Fund, the annuity shall be recalculated and the resulting
30 increase shall become payable on the next annuity payment
31 date following the date the contribution is received by the
32 Fund.
33 In the case of an active or former fireman who (i) dies
34 before January 1, 2001 without making an election under this
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1 subsection and (ii) was eligible to make an election under
2 this subsection at the time of death (or would have been
3 eligible had the death occurred after the effective date of
4 this amendatory Act of 1997), any surviving spouse, child, or
5 parent of the fireman who is eligible to receive a benefit
6 under this Article based on the fireman's salary may make
7 that election and pay the required contribution on behalf of
8 the deceased fireman. If the death occurs within the 30 days
9 immediately preceding January 1, 2001, the deadline for
10 application and payment is extended to January 31, 2001.
11 Any portion of the compensation received for service as
12 an ambulance commander for which the corresponding employee
13 contribution has not been paid shall not be included in the
14 calculation of salary.
15 (h) The changes to this Section made by this amendatory
16 Act of 1997 are not limited to firemen in service on or after
17 the effective date of this amendatory Act.
18 (Source: P.A. 83-1362.)
19 (40 ILCS 5/6-128.2) (from Ch. 108 1/2, par. 6-128.2)
20 Sec. 6-128.2. Minimum retirement annuities.
21 (a) Beginning with the monthly payment due in January,
22 1988, the monthly annuity payment for any person who is
23 entitled to receive a retirement annuity under this Article
24 in January, 1990 and has retired from service at age 50 or
25 over with 20 or more years of service, and for any person who
26 retires from service on or after January 24, 1990 at age 50
27 or over with 20 or more years of service, shall not be less
28 than $475 per month. The $475 minimum annuity is exclusive of
29 any automatic annual increases provided by Sections 6-164 and
30 6-164.1, but not exclusive of previous raises in the minimum
31 annuity as provided by any Section of this Article.
32 Beginning January 1, 1992, the minimum retirement annuity
33 payable to any person who has retired from service at age 50
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1 or over with 20 or more years of service and is entitled to
2 receive a retirement annuity under this Article on that date,
3 or who retires from service at age 50 or over with 20 or more
4 years of service after that date, shall be $650 per month.
5 Beginning January 1, 1993, the minimum retirement annuity
6 payable to any person who has retired from service at age 50
7 or over with 20 or more years of service and is entitled to
8 receive a retirement annuity under this Article on that date,
9 or who retires from service at age 50 or over with 20 or more
10 years of service after that date, shall be $750 per month.
11 Beginning January 1, 1994, the minimum retirement annuity
12 payable to any person who has retired from service at age 50
13 or over with 20 or more years of service and is entitled to
14 receive a retirement annuity under this Article on that date,
15 or who retires from service at age 50 or over with 20 or more
16 years of service after that date, shall be $850 per month.
17 Beginning January 1, 1997, the minimum retirement annuity
18 payable to any person who has retired from service at age 50
19 or over with 20 or more years of service and is entitled to
20 receive a retirement annuity under this Article on that date,
21 or who retires from service at age 50 or over with 20 or more
22 years of service after that date, shall be $1000 per month.
23 The minimum annuities established by this subsection (a)
24 do include previous raises in the minimum annuity as provided
25 by any Section of this Article, but do not include any sums
26 which have been added or will be added to annuity payments by
27 the automatic annual increases provided by Sections 6-164 and
28 6-164.1. Such annual increases shall be paid in addition to
29 the minimum amounts specified in this subsection.
30 (b) Notwithstanding any other provision of this Article,
31 beginning January 1, 1990, the minimum retirement annuity
32 payable to any person who is entitled to receive a retirement
33 annuity under this Article on that date shall be $475 per
34 month.
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1 (c) The changes made to this Section by this amendatory
2 Act of 1997 shall apply to all persons receiving a retirement
3 annuity under this Article, without regard to whether the
4 retirement of the fireman occurred prior to the effective
5 date of this amendatory Act of 1997 1993.
6 (Source: P.A. 86-273; 86-1027; 86-1028; 86-1475; 87-849;
7 87-1265.)
8 (40 ILCS 5/6-128.4) (from Ch. 108 1/2, par. 6-128.4)
9 Sec. 6-128.4. Minimum widow's annuities.
10 (a) Notwithstanding any other provision of this Article,
11 beginning January 1, 1996, the minimum amount of widow's
12 annuity payable to any person who is entitled to receive a
13 widow's annuity under this Article is $700 per month, without
14 regard to whether the deceased fireman is in service on or
15 after the effective date of this amendatory Act of 1995.
16 (b) Notwithstanding Section 6-128.3, beginning January
17 1, 1994, the minimum widow's annuity under this Article shall
18 be $700 per month for (1) all persons receiving widow's
19 annuities on that date who are survivors of employees who
20 retired at age 50 or over with at least 20 years of service,
21 and (2) persons who become eligible for widow's annuities and
22 are survivors of employees who retired at age 50 or over with
23 at least 20 years of service.
24 (c) Notwithstanding Section 6-128.3, beginning January
25 1, 1997, the minimum widow's annuity under this Article shall
26 be $800 per month for (1) all persons receiving widow's
27 annuities on that date who are survivors of employees who
28 retired at age 50 or over with at least 20 years of service,
29 and (2) persons who become eligible for widow's annuities and
30 are survivors of employees who retired at age 50 or over with
31 at least 20 years of service.
32 (Source: P.A. 89-136, eff. 7-14-95.)
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1 (40 ILCS 5/6-164.2) (from Ch. 108 1/2, par. 6-164.2)
2 Sec. 6-164.2. Group health benefit.
3 (a) For the purposes of this Section "annuitant" means a
4 person receiving an age and service annuity, a prior service
5 annuity, a widow's annuity, a widow's prior service annuity,
6 or a minimum annuity on or after January 1, 1988, under
7 Article 5, 6, 8 or 11, by reason of previous employment by
8 the City of Chicago (hereinafter, in this Section, "the
9 city").
10 (b) The city shall continue to offer to annuitants and
11 their dependents the same basic city health care plan
12 available as of June 30, 1988 (hereinafter called the basic
13 city plan), and may offer additional plans at its sole
14 discretion.
15 (c) Effective the date the initial increased annuitant
16 payments pursuant to subsection (g) take effect, the city
17 shall pay 50% of the aggregated costs of the claims or
18 premiums, whichever is applicable, of annuitants and their
19 dependents under all health care plans offered by the city.
20 The claims or premiums of all annuitants and their dependents
21 under all of the plans offered by the city shall be
22 aggregated for the purpose of calculating the city's payment
23 required under this subsection, as well as for the setting of
24 rates of payment for annuitants as required under subsection
25 (g).
26 (d) From January 1, 1988 until December 31, 1992, the
27 board shall pay to the city on behalf of each of the board's
28 annuitants who chooses to participate in any of the city's
29 plans the following amounts: up to a maximum of $65 per month
30 for each such annuitant who is not qualified to receive
31 medicare benefits, and up to a maximum of $35 per month for
32 each such annuitant who is qualified to receive medicare
33 benefits. From January 1, 1993 through June 30, 2002 until
34 December 31, 1997, the board shall pay to the city on behalf
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1 of each of the board's annuitants who chooses to participate
2 in any of the city's plans the following amounts: up to a
3 maximum of $75 per month for each such annuitant who is not
4 qualified to receive medicare benefits, and up to a maximum
5 of $45 per month for each such annuitant who is qualified to
6 receive medicare benefits.
7 For the period January 1, 1988 through the effective date
8 of this amendatory Act of 1989, payments under this Section
9 shall be reduced by the amounts paid by or on behalf of the
10 board's annuitants covered during that period.
11 The payments described in this subsection shall be paid
12 from the tax levy authorized under Section 6-165; such
13 amounts shall be credited to the reserve for group hospital
14 care and group medical and surgical plan benefits, and all
15 payments to the city required under this subsection shall be
16 charged against it.
17 (e) The city's obligations under subsections (b) and (c)
18 shall terminate on June 30, 2002 December 31, 1997, except
19 with regard to covered expenses incurred but not paid as of
20 that date. This subsection shall not affect other
21 obligations that may be imposed by law.
22 (f) The group coverage plans described in this Section
23 are not and shall not be construed to be pension or
24 retirement benefits for purposes of Section 5 of Article XIII
25 of the Illinois Constitution of 1970.
26 (g) The aggregate cost of claims and premiums for each
27 calendar year from 1989 through 2001 and for the 6 months
28 ending June 30, 2002 1997 of all annuitants and dependents
29 covered by the city's group health care plans shall be
30 estimated by the city, based upon a written determination by
31 a qualified independent actuary to be appointed and paid by
32 the city and the board. If such estimated cost is more than
33 the estimated amount to be contributed by the city during
34 that year (or during the 6 months ending June 30, 2002, as
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1 the case may be) plus the estimated amounts to be paid
2 pursuant to subsection (d) and by the other pension boards on
3 behalf of other participating annuitants, the difference
4 shall be paid by all participating annuitants. The city,
5 based upon the determination of the independent actuary,
6 shall set the monthly amounts to be paid by the participating
7 annuitants. The initial determination of such payments shall
8 be prospective only and shall be based upon the estimated
9 costs for the balance of the year (or the balance of the 6
10 months ending June 30, 2002, as the case may be). The board
11 may deduct the amounts to be paid by its annuitants from the
12 participating annuitants' monthly annuities.
13 If it is determined from the city's annual audit, or from
14 audited experience data, that the total amount paid by all
15 participating annuitants was more or less than the difference
16 between (1) the cost of providing the group health care
17 plans, and (2) the sum of the amount to be paid by the city
18 under subsection (c) and the amounts paid by all the pension
19 boards, then the independent actuary and the city shall
20 account for the excess or shortfall in the next year's
21 payments by annuitants.
22 (h) An annuitant may elect to terminate coverage in a
23 plan at any time, which election shall terminate the
24 annuitant's obligation to contribute toward payment of the
25 excess described in subsection (g).
26 (Source: P.A. 86-273.)
27 Section 90. The State Mandates Act is amended by adding
28 Section 8.21 as follows:
29 (30 ILCS 805/8.21 new)
30 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
31 and 8 of this Act, no reimbursement by the State is required
32 for the implementation of any mandate created by this
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1 amendatory Act of 1997.
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.