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90_HB0979
40 ILCS 5/7-116 from Ch. 108 1/2, par. 7-116
30 ILCS 805/8.21 new
Amends the Illinois Municipal Retirement Fund (IMRF)
Article of the Pension Code to allow certain persons with at
least 20 years of creditable service as a sheriff's law
enforcement employee to have their pensions based on their
salary rate on their last day of service in that capacity.
Amends the State Mandates Act to require implementation
without reimbursement. Effective immediately.
LRB9004017EGfg
LRB9004017EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 7-116 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 7-116 as follows:
7 (40 ILCS 5/7-116) (from Ch. 108 1/2, par. 7-116)
8 Sec. 7-116. "Final rate of earnings":
9 (a) For retirement and survivor annuities the monthly
10 earnings obtained by dividing the total earnings received by
11 the employee during the period of either (1) the 48
12 consecutive months of service within the last 120 months of
13 service in which his total earnings were the highest, or (2)
14 (his total period of service) by the number of months of
15 service in such period.
16 (b) For death benefits the higher of the rate determined
17 under paragraph (a) of this Section or total earnings
18 received in the last 12 months of service divided by twelve.
19 If the deceased employee has less than 12 months of service,
20 the monthly final rate shall be the monthly rate of pay the
21 employee was receiving when he began service.
22 (c) For disability benefits, the total earnings of a
23 participating employee in the last 12 calendar months of
24 service prior to the date he becomes disabled divided by 12.
25 (d) For persons who have at least 20 years of service
26 credit as a sheriff's law enforcement employee, the rate of
27 earnings on the last day of service in that capacity or the
28 rate determined under the other provisions of this Section,
29 whichever is greater.
30 (e) In computing the final rate of earnings: (1) the
31 earnings rate for all periods of prior service shall be
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1 considered equal to the average earnings rate for the 3
2 calendar years of service most immediately preceding the
3 effective date, or if less than 3 years the average for the
4 total prior service period; (2) for out of state service and
5 authorized leave, the earnings rate shall be the rate upon
6 which service credits are granted; (3) periods of military
7 leave shall not be considered; (4) the earnings rate for all
8 periods of disability shall be considered equal to the rate
9 of earnings upon which the employee's disability benefits are
10 computed for such periods; (5) the earnings to be considered
11 for each of the final three months of the final earnings
12 period shall not exceed 125% of the highest earnings of any
13 other month in the final earnings period; and (6) the annual
14 amount of final rate of earnings shall be the monthly amount
15 multiplied by the number of months of service normally
16 required by the position in a year.
17 (Source: P. A. 78-255.)
18 Section 90. The State Mandates Act is amended by adding
19 Section 8.21 as follows:
20 (30 ILCS 805/8.21 new)
21 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
22 and 8 of this Act, no reimbursement by the State is required
23 for the implementation of any mandate created by this
24 amendatory Act of 1997.
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.