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90_SB0302
40 ILCS 5/3-111.1 from Ch. 108 1/2, par. 3-111.1
40 ILCS 5/3-114.4 from Ch. 108 1/2, par. 3-114.4
30 ILCS 805/8.21 new
Amends the Downstate Police Article of the Pension Code.
Reduces the age requirement for the automatic annual increase
in duty disability pension from 60 to 55. Provides that a
police officer who returns to active duty for at least 5
years after receiving a duty disability pension is entitled
to receive creditable service for the period for which the
duty disability pension was paid; no contribution from the
police officer is required. Amends the State Mandates Act to
require implementation without reimbursement. Effective
immediately.
LRB9002311EGfg
LRB9002311EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 3-111.1 and 3-114.4 and to amend the State Mandates
3 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 3-111.1 and 3-114.4 as follows:
8 (40 ILCS 5/3-111.1) (from Ch. 108 1/2, par. 3-111.1)
9 Sec. 3-111.1. Increase in pension.
10 (a) Except as provided in subsection (e), the monthly
11 pension of a police officer who retires after July 1, 1971,
12 and prior to January 1, 1986, shall be increased, upon either
13 the first of the month following the first anniversary of the
14 date of retirement if the officer is 60 years of age or over
15 at retirement date, or upon the first day of the month
16 following attainment of age 60 if it occurs after the first
17 anniversary of retirement, by 3% of the originally granted
18 pension and by an additional 3% of the originally granted
19 pension in January of each year thereafter.
20 (b) The monthly pension of a police officer who retired
21 from service with 20 or more years of service, on or before
22 July 1, 1971, shall be increased in January of the year
23 following the year of attaining age 65 or in January of 1972,
24 if then over age 65, by 3% of the originally granted pension
25 for each year the police officer received pension payments.
26 In each January thereafter, he or she shall receive an
27 additional increase of 3% of the original pension.
28 (c) The monthly pension of a police officer who retires
29 on disability under Section 3-114.2 or is retired for
30 disability shall be increased in January of the year
31 following the year of attaining age 60, by 3% of the original
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1 grant of pension for each year he or she received pension
2 payments. In each January thereafter, the police officer
3 shall receive an additional increase of 3% of the original
4 pension.
5 The monthly pension of a police officer who retires on
6 disability under Section 3-114.1 shall be increased (i) in
7 January of the year following the year of attaining age 55 or
8 (ii) on January 1, 1998, whichever occurs later, by 3% of the
9 original grant of pension for each year he or she received
10 pension payments. In each January thereafter, the police
11 officer shall receive an additional increase of 3% of the
12 original pension. The changes made to this subsection by
13 this amendatory Act of 1997 are not limited to persons in
14 service on or after the effective date of this amendatory
15 Act.
16 (d) The monthly pension of a police officer who retires
17 after January 1, 1986, shall be increased, upon either the
18 first of the month following the first anniversary of the
19 date of retirement if the officer is 55 years of age or over
20 at the retirement date, or upon the first day of the month
21 following attainment of age 55 if it occurs after the first
22 anniversary of retirement, by 3% of the originally granted
23 pension for each full year that has elapsed since the pension
24 began, and by an additional 3% of the originally granted
25 pension in January of each year thereafter.
26 (e) Notwithstanding the provisions of subsection (a),
27 upon the first day of the month following (1) the first
28 anniversary of the date of retirement, or (2) the attainment
29 of age 55, or (3) July 1, 1987, whichever occurs latest, the
30 monthly pension of a police officer who retired on or after
31 January 1, 1977 and on or before January 1, 1986, and did not
32 receive an increase under subsection (a) before July 1, 1987,
33 shall be increased by 3% of the originally granted monthly
34 pension for each full year that has elapsed since the pension
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1 began, and by an additional 3% of the originally granted
2 pension in each January thereafter. The increases provided
3 under this subsection are in lieu of the increases provided
4 in subsection (a).
5 (f) Notwithstanding the other provisions of this
6 Section, beginning with increases granted on or after July 1,
7 1993, the second and all subsequent automatic annual
8 increases granted under subsection (a), (b), (d), or (e) of
9 this Section shall be calculated as 3% of the amount of
10 pension payable at the time of the increase, including any
11 increases previously granted under this Section, rather than
12 3% of the originally granted pension amount. Section 1-103.1
13 does not apply to this subsection (f).
14 (Source: P.A. 87-1265.)
15 (40 ILCS 5/3-114.4) (from Ch. 108 1/2, par. 3-114.4)
16 Sec. 3-114.4. Return to active duty after disability.
17 (a) A police officer who receives a disability pension
18 under Sections 3-114.1 or 3-114.2 for more than 2 years and
19 who returns to active duty must remain in active police
20 service for at least 5 years before becoming eligible for a
21 disability pension greater than the pension paid for the
22 prior disability.
23 (b) A police officer who returns to active duty for at
24 least 5 years after receiving a duty disability pension under
25 Section 3-114.1 shall be entitled to receive creditable
26 service for the period for which the duty disability pension
27 was paid. No contribution from the police officer is
28 required for creditable service granted under this subsection
29 (b).
30 (Source: P.A. 83-1440.)
31 Section 10. The State Mandates Act is amended by adding
32 Section 8.21 as follows:
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1 (30 ILCS 805/8.21 new)
2 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
3 and 8 of this Act, no reimbursement by the State is required
4 for the implementation of any mandate created by this
5 amendatory Act of 1997.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.