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90_HB2467
40 ILCS 5/3-111 from Ch. 108 1/2, par. 3-111
40 ILCS 5/3-112 from Ch. 108 1/2, par. 3-112
30 ILCS 805/8.22 new
Amends the Downstate Police Article of the Pension Code
to increase the minimum retirement and surviving spouse
annuities from $400 to $1000 per month. Amends the State
Mandates Act to require implementation without reimbursement.
Effective immediately.
LRB9008749EGfg
LRB9008749EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 3-111 and 3-112 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 Sections 3-111 and 3-112 as follows:
7 (40 ILCS 5/3-111) (from Ch. 108 1/2, par. 3-111)
8 Sec. 3-111. Pension.
9 (a) A police officer age 50 or more with 20 or more
10 years of creditable service, who is no longer in service as a
11 police officer, shall receive a pension of 1/2 of the salary
12 attached to the rank held by the officer on the police force
13 for one year immediately prior to retirement or, beginning
14 July 1, 1987 for persons terminating service on or after that
15 date, the salary attached to the rank held on the last day of
16 service or for one year prior to the last day, whichever is
17 greater. The pension shall be increased by 2% of such salary
18 for each additional year of service over 20 years, up to 30
19 years, and 1% of such salary for each additional year of
20 service over 30 years, to a maximum of 75% of such salary.
21 No pension in effect on or granted after June 30, l973 shall
22 be less than $200 per month. Beginning July 1, 1987, the
23 minimum retirement pension for a police officer having at
24 least 20 years of creditable service shall be $400 per month,
25 without regard to whether or not retirement occurred prior to
26 that date. Beginning January 1, 1999, the minimum retirement
27 pension for a police officer having at least 20 years of
28 creditable service shall be $1000 per month, without regard
29 to whether the police officer was in service on or after the
30 effective date of this amendatory Act of 1998.
31 (b) A police officer mandatorily retired from service
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1 due to age by operation of law, having at least 8 but less
2 than 20 years of creditable service, shall receive a pension
3 equal to 2 1/2% of the salary attached to the rank he or she
4 held on the police force for one year immediately prior to
5 retirement or, beginning July 1, 1987 for persons terminating
6 service on or after that date, the salary attached to the
7 rank held on the last day of service or for one year prior to
8 the last day, whichever is greater, for each year of
9 creditable service.
10 A police officer who retires or is separated from service
11 having at least 8 years but less than 20 years of creditable
12 service, who is not mandatorily retired due to age by
13 operation of law, and who does not apply for a refund of
14 contributions at his or her last separation from police
15 service, shall receive a pension upon attaining age 60 equal
16 to 2.5% of the salary attached to the rank held by the police
17 officer on the police force for one year immediately prior to
18 retirement or, beginning July 1, 1987 for persons terminating
19 service on or after that date, the salary attached to the
20 rank held on the last day of service or for one year prior to
21 the last day, whichever is greater, for each year of
22 creditable service.
23 (c) A police officer no longer in service who has at
24 least one but less than 8 years of creditable service in a
25 police pension fund but meets the requirements of this
26 subsection (c) shall be eligible to receive a pension from
27 that fund equal to 2.5% of the salary attached to the rank
28 held on the last day of service under that fund or for one
29 year prior to that last day, whichever is greater, for each
30 year of creditable service in that fund. The pension shall
31 begin no earlier than upon attainment of age 60 (or upon
32 mandatory retirement from the fund by operation of law due to
33 age, if that occurs before age 60) and in no event before the
34 effective date of this amendatory Act of 1997.
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1 In order to be eligible for a pension under this
2 subsection (c), the police officer must have at least 8 years
3 of creditable service in a second police pension fund under
4 this Article and be receiving a pension under subsection (a)
5 or (b) of this Section from that second fund. The police
6 officer need not be in service on or after the effective date
7 of this amendatory Act of 1997.
8 (Source: P.A. 90-460, eff. 8-17-97.)
9 (40 ILCS 5/3-112) (from Ch. 108 1/2, par. 3-112)
10 Sec. 3-112. Pension to survivors.
11 (a) Upon the death of a police officer entitled to a
12 pension under Section 3-111, the surviving spouse shall be
13 entitled to the pension to which the police officer was then
14 entitled. Upon the death of the surviving spouse, or upon
15 the remarriage of the surviving spouse if that remarriage
16 terminates the surviving spouse's eligibility under Section
17 3-121, the police officer's unmarried children who are under
18 age 18 or who are dependent because of physical or mental
19 disability shall be entitled to equal shares of such pension.
20 If there is no eligible surviving spouse and no eligible
21 child, the dependent parent or parents of the officer shall
22 be entitled to receive or share such pension until their
23 death or marriage or remarriage after the death of the police
24 officer.
25 (b) Upon the death of a police officer while in service,
26 having at least 20 years of creditable service, or upon the
27 death of a police officer who retired from service with at
28 least 20 years of creditable service, whether death occurs
29 before or after attainment of age 50, the pension earned by
30 the police officer as of the date of death as provided in
31 Section 3-111 shall be paid to the survivors in the sequence
32 provided in subsection (a) of this Section.
33 (c) Upon the death of a police officer while in service,
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1 having at least 10 but less than 20 years of service, a
2 pension of 1/2 of the salary attached to the rank or ranks
3 held by the officer for one year immediately prior to death
4 shall be payable to the survivors in the sequence provided in
5 subsection (a) of this Section. If death occurs as a result
6 of the performance of duty, the 10 year requirement shall not
7 apply and the pension to survivors shall be payable after any
8 period of service.
9 (d) Beginning July 1, 1987, a minimum pension of $400
10 per month shall be paid to all surviving spouses, without
11 regard to the fact that the death of the police officer
12 occurred prior to that date.
13 Beginning January 1, 1999, the minimum pension payable to
14 a surviving spouse entitled to an annuity under this Section
15 shall be $1000 per month, without regard to whether the
16 deceased police officer was in service on or after the
17 effective date of this amendatory Act of 1998.
18 (Source: P.A. 89-408, eff. 11-15-95.)
19 Section 90. The State Mandates Act is amended by adding
20 Section 8.22 as follows:
21 (30 ILCS 805/8.22 new)
22 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
23 and 8 of this Act, no reimbursement by the State is required
24 for the implementation of any mandate created by this
25 amendatory Act of 1998.
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.