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90_HB2046
40 ILCS 5/5-136 from Ch. 108 1/2, par. 5-136
Amends the Chicago Police Article of the Pension Code.
In the Section on widow's annuity, makes a technical
correction. Effective immediately.
LRB9004284EGfg
LRB9004284EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 5-136.
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 5-136 as follows:
7 (40 ILCS 5/5-136) (from Ch. 108 1/2, par. 5-136)
8 Sec. 5-136. Widow's annuity - all employees attaining age
9 57 in service. The annuity for the wife of an an employee
10 who attains age 57 in service, and who thereafter withdraws
11 from or dies in service, shall be fixed, in the case of a
12 future entrant, as of her age at the date of his withdrawal
13 or death, whichever first occurs, and, in the case of a
14 present employee, as of her age when the employee withdraws
15 from or dies in service.
16 The widow is entitled to annuity from and after the
17 employee's death, as follows:
18 1. If the employee withdraws from service and enters upon
19 annuity, the annuity shall be that amount provided from his
20 credit for widow's annuity, and widow's prior service annuity
21 (if a present employee), at the time he withdraws from or
22 dies in service after attainment of age 57, but shall not be
23 less that 40% of the amount of annuity earned by the employee
24 at the time of his withdrawal from the service after his
25 attainment of age 57 or not less than 40% of the amount of
26 annuity accrued to the credit of the employee on date of his
27 death in service after his attainment of age 57 computed
28 according to Section 5-132, subject to the limitations of
29 Section 5-148, but shall not be less than $100 per month. If
30 the widow is more than 5 years younger than her husband, the
31 40% annuity for the widow shall be reduced to the actuarial
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1 equivalent of her attained age, on the basis of the Combined
2 Annuity Table 3% interest.
3 The widow of a policeman who retires from service after
4 December 31, 1975 or who dies while in service after December
5 31, 1975 and on or after the date on which he becomes
6 eligible to retire under Section 5-132 shall, if she is
7 otherwise eligible for a widow's annuity under this Article
8 and if the amount determined under this paragraph is more
9 than the total combined amounts of her widow's annuity and
10 widow's prior service annuity, or the annuities provided
11 hereinbefore in this Section receive, in lieu of such other
12 widow's annuity and widow's prior service annuity, or
13 annuities provided hereinbefore in this Section a widow's
14 annuity equal to 40% of the amount of annuity which her
15 deceased policeman husband received as of the date of his
16 retirement on annuity or if he dies in the service prior to
17 retirement on annuity a widow's annuity equal to 40% of the
18 amount of annuity her deceased policeman husband would have
19 been entitled to receive if he had retired on the day before
20 the date of his death in the service, except that if the age
21 of the wife at date of retirement or the age of the widow at
22 date of death in the service is more than 5 years younger
23 than her policeman husband, the amount of such annuity shall
24 be reduced by 1/2 of 1% for each such month and fraction
25 thereof that she is more than 5 years younger at date of
26 retirement or at date of death subject to a maximum reduction
27 of 50%. However, no annuity under this Section shall exceed
28 $500.00 per month.
29 This Section does not apply to the widow of any former
30 policeman who was receiving an annuity from the fund on
31 December 31, 1975 and who reenters service as a policeman,
32 unless he renders at least 3 years of additional service
33 after re-entry.
34 (Source: P.A. 79-631; revised 5-17-96.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.