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90_HB2828
40 ILCS 5/6-128 from Ch. 108 1/2, par. 6-128
40 ILCS 5/6-140 from Ch. 108 1/2, par. 6-140
40 ILCS 5/6-144 from Ch. 108 1/2, par. 6-144
40 ILCS 5/6-151 from Ch. 108 1/2, par. 6-151
30 ILCS 805/8.22 new
Amends the Chicago Firefighter Article of the Pension
Code to increase the maximum retirement annuity, duty
disability benefit, and duty death benefit from 75% to 80% of
salary. Also makes technical changes. Amends the State
Mandates Act to require implementation without reimbursement.
Effective immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 6-128, 6-140, 6-144, and 6-151 and to amend the
3 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 6-128, 6-140, 6-144, and 6-151 as follows:
8 (40 ILCS 5/6-128) (from Ch. 108 1/2, par. 6-128)
9 Sec. 6-128. Alternative annuity for future entrants.
10 (a) A future entrant who withdraws on or after July 21,
11 1959, after completing at least 23 years of service, and for
12 whom the annuity otherwise provided in this Article is less
13 than that stated in this Section, has a right to receive
14 annuity as follows:
15 If he is age 53 or more on withdrawal, his annuity after
16 withdrawal, shall be equal to 50% of his average salary
17 determined by striking an average of 4 consecutive highest
18 years of salary within the last 10 years of service
19 immediately preceding the date of withdrawal.
20 An employee who reaches compulsory retirement age and who
21 has less than 23 years of service shall be entitled to a
22 minimum annuity equal to an amount determined by the product
23 of (1) his years of service and (2) 2% of his average salary
24 for the 4 consecutive highest years of salary within the last
25 10 years of service immediately prior to his reaching
26 compulsory retirement age.
27 An employee who remains in service after qualifying for
28 annuity under this Section shall have added to this annuity
29 an additional 1% of average salary for each completed year of
30 service or fraction thereof rendered until July 21, 1959, and
31 an additional 1% for a total of 2% of average salary from
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1 July 21, 1959. Each future entrant who has completed 23
2 years of service before reaching age 53 shall have added to
3 this annuity 1% of average salary for each completed year of
4 service or fraction thereof in excess of 23 years up to age
5 53. "Salary" as referred to in this paragraph shall be
6 determined by striking an average of the 4 consecutive
7 highest years of salary within the last 10 years of service
8 immediately preceding withdrawal.
9 (b) In lieu of the annuity provided in the foregoing
10 provisions of this Section any future entrant who withdraws
11 from the service either (i) after December 31, 1983 with at
12 least 22 years of service credit and having attained age 52
13 in the service, or (ii) after December 31, 1984 with at least
14 21 years of service credit and having attained age 51 in the
15 service, or (iii) after December 31, 1985 with at least 20
16 years of service credit and having attained age 50 in the
17 service, or (iv) after December 31, 1990 with at least 20
18 years of service regardless of age, may elect to receive an
19 annuity, to begin not earlier than upon attainment of age 50
20 if under that age at withdrawal, computed as follows: an
21 annuity equal to 50% of the average salary for the 4 highest
22 consecutive years of the last 10 years of service, plus
23 additional annuity equal to 2% of such average salary for
24 each completed year of service or fraction thereof rendered
25 after his completion of the minimum number of years of
26 service required for him to be eligible under this subsection
27 (b). However, the annuity provided under this subsection (b)
28 may not exceed 80% 75% of such average salary (75% if the
29 last day of service is before January 1, 1999).
30 (c) For the purpose of this Section, "average salary"
31 means the average of the highest 4 consecutive years of
32 salary within the last 10 years of service.
33 (Source: P.A. 86-1488.)
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1 (40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
2 Sec. 6-140. Death in line of duty.
3 (a) The annuity for the widow of a fireman whose death
4 results from the performance of an act or acts of duty shall
5 be an amount equal to the following specified percentage 50%
6 of the current annual salary attached to the classified
7 position to which the fireman was certified at the time of
8 his death: (i) 50% if the death occurs before January 1,
9 1973; (ii) and 75% if the death occurs thereof after December
10 31, 1972 and before January 1, 1999;, and (iii) 80% if the
11 death occurs after December 31, 1998. The annuity it shall
12 be payable to the widow until the fireman, had he lived,
13 would have attained the age prescribed for compulsory
14 retirement.
15 Thereafter the widow shall receive annuity of an amount
16 equal to 40% of the current annual salary attached to the
17 classified position to which the fireman was certified at the
18 time of his death. The benefits provided in this Section
19 shall be paid to all widows who qualified to receive said
20 benefits before the effective date of this amendatory Act and
21 to those widows who qualify after the effective date.
22 (b) Unless the performance of an act or acts of duty
23 results directly in the death of the fireman, or prevents him
24 from subsequently resuming active service in the fire
25 department, the annuity herein provided shall not be paid;
26 nor shall such annuities be paid unless the widow was the
27 wife of the fireman at the time of the act or acts of duty
28 which resulted in his death.
29 (Source: P. A. 77-1580.)
30 (40 ILCS 5/6-144) (from Ch. 108 1/2, par. 6-144)
31 Sec. 6-144. Maximum annuity to fireman. No annuity in
32 excess of 80% (75% if the last day of service is before
33 January 1, 1999) of the highest salary received by the
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1 fireman concerned shall be granted or paid to him except to
2 the extent that the annuity may exceed that amount such 75%
3 under the provisions of Section 6-164 of this Article.
4 (Source: P. A. 77-1353.)
5 (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
6 Sec. 6-151. Duty disability.
7 (a) An active fireman who is or becomes disabled on or
8 after the effective date as the result of a specific injury,
9 or of cumulative injuries, or of specific sickness incurred
10 in or resulting from an act or acts of duty, shall have the
11 right to receive duty disability benefit during any period of
12 such disability for which he does not receive or have a right
13 to receive salary, equal to 80% 75% of his salary at the time
14 the disability is allowed (75% if the disability is allowed
15 before January 1, 1999). However, beginning January 1, 1994,
16 no duty disability benefit that has been payable under this
17 Section for at least 10 years shall be less than 50% of the
18 current salary attached from time to time to the rank and
19 grade held by the fireman at the time of his removal from the
20 Department payroll, regardless of whether that removal
21 occurred before the effective date of this amendatory Act of
22 1993.
23 (b) Whenever an active fireman is or becomes so injured
24 or sick, as to require medical or hospital attention, the
25 chief officer of the fire department of the city shall file,
26 or cause to be filed, with the board a report of the nature
27 and cause of his disability, together with the certificate or
28 report of the physician attending or treating, or who
29 attended or treated the fireman, and a copy of any hospital
30 record concerning the disability. Any injury or sickness not
31 reported to the board in time to permit the board's physician
32 to examine the fireman before his recovery, and any injury or
33 sickness for which a physician's report or copy of the
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1 hospital record is not on file with the board shall not be
2 considered for the payment of duty disability benefit.
3 (c) Such fireman shall also receive a child's disability
4 benefit of $30 per month on account of each unmarried child,
5 the issue of the fireman or legally adopted by him prior to
6 the date of disability, who is less than 18 years of age or
7 handicapped and dependent upon the fireman for support. The
8 total amount of child's disability benefit shall not exceed
9 25% of his salary at the time the disability is allowed.
10 (d) The first payment of duty disability or child's
11 disability benefit shall be made not later than one month
12 after the benefit is granted. Each subsequent payment shall
13 be made not later than one month after the date of the latest
14 payment.
15 Duty disability benefit shall be payable during the
16 period of the disability until the fireman reaches the age of
17 compulsory retirement. Child's disability benefit shall be
18 paid to such a fireman during the period of disability until
19 such child or children attain age 18 or marries, whichever
20 event occurs first; except that attainment of age 18 by a
21 child who is so physically or mentally handicapped as to be
22 dependent upon the fireman for support, shall not render the
23 child ineligible for child's disability benefit. The fireman
24 shall thereafter receive such annuity or annuities as are
25 provided for him in accordance with other provisions of this
26 Article.
27 (Source: P.A. 88-528.)
28 Section 90. The State Mandates Act is amended by adding
29 Section 8.22 as follows:
30 (30 ILCS 805/8.22 new)
31 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
32 and 8 of this Act, no reimbursement by the State is required
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1 for the implementation of any mandate created by this
2 amendatory Act of 1998.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.