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90_HB1472
40 ILCS 5/3-112 from Ch. 108 1/2, par. 3-112
40 ILCS 5/3-114.1 from Ch. 108 1/2, par. 3-114.1
40 ILCS 5/3-114.2 from Ch. 108 1/2, par. 3-114.2
30 ILCS 805/8.21 new
Amends the Downstate Police Article of the Pension Code.
Increases the minimum survivor and disability pensions from
$400 to $800 per month. Amends the State Mandates Act to
require implementation without reimbursement. Effective
immediately.
LRB9003590EGfg
LRB9003590EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 3-112, 3-114.1, and 3-114.2 and to amend the State
3 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 3-112, 3-114.1, and 3-114.2 as follows:
8 (40 ILCS 5/3-112) (from Ch. 108 1/2, par. 3-112)
9 Sec. 3-112. Pension to survivors.
10 (a) Upon the death of a police officer entitled to a
11 pension under Section 3-111, the surviving spouse shall be
12 entitled to the pension to which the police officer was then
13 entitled. Upon the death of the surviving spouse, or upon
14 the remarriage of the surviving spouse if that remarriage
15 terminates the surviving spouse's eligibility under Section
16 3-121, the police officer's unmarried children who are under
17 age 18 or who are dependent because of physical or mental
18 disability shall be entitled to equal shares of such pension.
19 If there is no eligible surviving spouse and no eligible
20 child, the dependent parent or parents of the officer shall
21 be entitled to receive or share such pension until their
22 death or marriage or remarriage after the death of the police
23 officer.
24 (b) Upon the death of a police officer while in service,
25 having at least 20 years of creditable service, or upon the
26 death of a police officer who retired from service with at
27 least 20 years of creditable service, whether death occurs
28 before or after attainment of age 50, the pension earned by
29 the police officer as of the date of death as provided in
30 Section 3-111 shall be paid to the survivors in the sequence
31 provided in subsection (a) of this Section.
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1 (c) Upon the death of a police officer while in service,
2 having at least 10 but less than 20 years of service, a
3 pension of 1/2 of the salary attached to the rank or ranks
4 held by the officer for one year immediately prior to death
5 shall be payable to the survivors in the sequence provided in
6 subsection (a) of this Section. If death occurs as a result
7 of the performance of duty, the 10 year requirement shall not
8 apply and the pension to survivors shall be payable after any
9 period of service.
10 (d) Beginning July 1, 1997 1987, a minimum pension of
11 $800 $400 per month shall be paid to all surviving spouses
12 who receive a pension under this Section, without regard to
13 the fact that the death of the police officer occurred prior
14 to that date.
15 (Source: P.A. 89-408, eff. 11-15-95.)
16 (40 ILCS 5/3-114.1) (from Ch. 108 1/2, par. 3-114.1)
17 Sec. 3-114.1. Disability pension - Line of duty. If a
18 police officer as the result of sickness, accident or injury
19 incurred in or resulting from the performance of an act of
20 duty, is found to be physically or mentally disabled for
21 service in the police department, so as to render necessary
22 his or her suspension or retirement from the police service,
23 the police officer shall be entitled to a disability
24 retirement pension of 65% of the salary attached to the rank
25 on the police force held by the officer at the date of
26 suspension of duty or retirement. A police officer shall be
27 considered "on duty", while on any assignment approved by the
28 chief of the police department of the municipality he or she
29 serves, whether the assignment is within or outside the
30 municipality.
31 If a police officer on disability pension dies while
32 still disabled, the disability pension shall continue to be
33 paid to his or her survivors in the sequence provided in
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1 Section 3-112.
2 From and after July 1, 1997 1987, any pension payable
3 under this Section shall be at least $800 $400 per month,
4 without regard to the fact that the disability or death of
5 the police officer occurred prior to that date.
6 (Source: P.A. 85-941.)
7 (40 ILCS 5/3-114.2) (from Ch. 108 1/2, par. 3-114.2)
8 Sec. 3-114.2. Disability pension - Not on duty. A
9 police officer who becomes disabled as a result of any cause
10 other than the performance of an act of duty, and who is
11 found to be physically or mentally disabled so as to render
12 necessary his or her suspension or retirement from police
13 service in the police department, shall be entitled to a
14 disability pension of 50% of the salary attached to the
15 officer's rank on the police force at the date of suspension
16 of duty or retirement.
17 If a police officer on disability pension dies while
18 still disabled, the disability pension shall continue to be
19 paid to the officer's survivors in the sequence provided in
20 Section 3-112.
21 From and after July 1, 1997 1987, any pension payable
22 under this Section shall be at least $800 $400 per month,
23 without regard to the fact that the disability or death of
24 the police officer occurred prior to that date.
25 (Source: P.A. 85-941.)
26 Section 90. The State Mandates Act is amended by adding
27 Section 8.21 as follows:
28 (30 ILCS 805/8.21 new)
29 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
30 and 8 of this Act, no reimbursement by the State is required
31 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.