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| [ Engrossed ] | [ House Amendment 001 ] |
91_HB0398
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1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 4-109.1, 4-109.2, and 4-113 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 4-109.1, 4-109.2, and 4-113 as follows:
8 (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
9 Sec. 4-109.1. Increase in pension.
10 (a) Except as provided in subsection (e), the monthly
11 pension of a firefighter who retires after July 1, 1971 and
12 prior to January 1, 1986, shall, upon either the first of the
13 month following the first anniversary of the date of
14 retirement if 60 years of age or over at retirement date, or
15 upon the first day of the month following attainment of age
16 60 if it occurs after the first anniversary of retirement, be
17 increased by 2% of the originally granted monthly pension and
18 by an additional 2% in each January thereafter. Effective
19 January 1976, the rate of the annual increase shall be 3% of
20 the originally granted monthly pension.
21 (b) The monthly pension of a firefighter who retired
22 from service with 20 or more years of service, on or before
23 July 1, 1971, shall be increased, in January of the year
24 following the year of attaining age 65 or in January 1972, if
25 then over age 65, by 2% of the originally granted monthly
26 pension, for each year the firefighter received pension
27 payments. In each January thereafter, he or she shall
28 receive an additional increase of 2% of the original monthly
29 pension. Effective January 1976, the rate of the annual
30 increase shall be 3%.
31 (c) On January 1, 2000 or the January 1 next following
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1 the first anniversary of the granting of the disability
2 pension, whichever occurs later, each disability pension paid
3 under this Article that has not previously been increased
4 under this subsection shall be increased by an amount equal
5 to 3% of the originally granted monthly pension for each full
6 year that has elapsed since the pension began. Beginning
7 January 1, 2000 or the January 1 next following the granting
8 of the initial increase under this Section, whichever occurs
9 later, each disability pension payable under this Article
10 shall be increased by 3% of the originally granted monthly
11 pension on each January 1 after the date of the initial
12 increase under this subsection. The increases provided under
13 this subsection (c) apply without regard to whether the
14 firefighter was in service on or after the effective date of
15 this amendatory Act of the 91st General Assembly and are not
16 subject to any limitation on the maximum amount of a
17 disability benefit imposed under Section 4-110 or 4-110.1.
18 The monthly pension of a firefighter who is receiving a
19 disability pension under this Article shall be increased, in
20 January of the year following the year the firefighter
21 attains age 60, or in January 1974, if then over age 60, by
22 2% of the originally granted monthly pension for each year he
23 or she received pension payments. In each January
24 thereafter, the firefighter shall receive an additional
25 increase of 2% of the original monthly pension. Effective
26 January 1976, the rate of the annual increase shall be 3%.
27 (c-1) On January 1, 1998, every child's disability
28 benefit payable on that date under Section 4-110 or 4-110.1
29 shall be increased by an amount equal to 1/12 of 3% of the
30 amount of the benefit, multiplied by the number of months for
31 which the benefit has been payable. On each January 1
32 thereafter, every child's disability benefit payable under
33 Section 4-110 or 4-110.1 shall be increased by 3% of the
34 amount of the benefit then being paid, including any previous
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1 increases received under this Article. These increases are
2 not subject to any limitation on the maximum benefit amount
3 included in Section 4-110 or 4-110.1.
4 (d) The monthly pension of a firefighter who retires
5 after January 1, 1986, shall, upon either the first of the
6 month following the first anniversary of the date of
7 retirement if 55 years of age or over at retirement date, or
8 upon the first day of the month following attainment of age
9 55 if it occurs after the first anniversary of retirement, be
10 increased by 3% of the originally granted monthly pension for
11 each full year that has elapsed since the pension began, and
12 by an additional 3% in each January thereafter.
13 (e) Notwithstanding the provisions of subsection (a),
14 upon the first day of the month following (1) the first
15 anniversary of the date of retirement, or (2) the attainment
16 of age 55, or (3) July 1, 1987, whichever occurs latest, the
17 monthly pension of a firefighter who retired on or after
18 January 1, 1977 and on or before January 1, 1986 and did not
19 receive an increase under subsection (a) before July 1, 1987,
20 shall be increased by 3% of the originally granted monthly
21 pension for each full year that has elapsed since the pension
22 began, and by an additional 3% in each January thereafter.
23 The increases provided under this subsection are in lieu of
24 the increases provided in subsection (a).
25 (f) On January 1, 2000 or the January 1 next following
26 the first anniversary of the granting of the survivor's
27 pension, whichever occurs later, each survivor's pension paid
28 under Section 4-114 shall be increased by 3% of the
29 originally granted monthly pension for each full year that
30 has elapsed since the pension began, and it shall be
31 increased by an additional 3% of that original monthly
32 pension on each January 1 thereafter. The increases provided
33 under this subsection (f) apply without regard to whether the
34 deceased firefighter was in service on or after the effective
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1 date of this amendatory Act of the 91st General Assembly and
2 are not subject to any limitation on the maximum amount of a
3 survivor's pension imposed under Section 4-114.
4 (Source: P.A. 90-32, eff. 6-27-97.)
5 (40 ILCS 5/4-109.2) (from Ch. 108 1/2, par. 4-109.2)
6 Sec. 4-109.2. Minimum pension.
7 (a) Beginning January 1, 1984, the minimum disability
8 pension granted under Section 4-110 or 4-111, the minimum
9 surviving spouse's pension, and the minimum retirement
10 pension granted to a firefighter with 20 or more years of
11 creditable service, shall be $300 per month, without regard
12 to whether the death, disability or retirement of the
13 firefighter occurred prior to that date.
14 Beginning July 1, 1987, the minimum retirement pension
15 payable to a firefighter with 20 or more years of creditable
16 service, the minimum disability pension payable under Section
17 4-110 or 4-111, and the minimum surviving spouse's pension
18 shall be $400 per month, without regard to whether the death,
19 retirement or disability of the firefighter occurred prior to
20 that date.
21 Beginning July 1, 1993, the minimum retirement pension
22 payable to a firefighter with 20 or more years of creditable
23 service and the minimum surviving spouse's pension shall be
24 $475 per month, without regard to whether the firefighter was
25 in service on or after the effective date of this amendatory
26 Act of 1993.
27 (b) Beginning January 1, 2000, the minimum retirement
28 pension payable to a firefighter with 20 or more years of
29 creditable service and the minimum disability pension payable
30 under Section 4-110, 4-110.1, or 4-111 shall be $1000 per
31 month, without regard to whether the firefighter was in
32 service on or after the effective date of this amendatory Act
33 of the 91st General Assembly.
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1 (Source: P.A. 87-1265.)
2 (40 ILCS 5/4-113) (from Ch. 108 1/2, par. 4-113)
3 Sec. 4-113. Disability pension option.
4 (a) A firefighter who has not completed 20 years of
5 creditable service and is receiving a disability pension
6 under this Article whose disability continues for a period
7 which when added to his or her period of active service
8 equals 20 years may, if age 50 or over, elect to retire from
9 the fire service by submitting written application to the
10 board. A firefighter exercising such option shall be
11 entitled to continue to receive a retirement pension equal in
12 amount to the disability pension he or she was entitled to as
13 a disabled firefighter on the date he or she was removed from
14 the municipality's payroll for disability. A firefighter
15 electing to exercise such option shall be entitled to the
16 automatic increase in pension provided under subsection (a)
17 or (d) of Section 4-109.1.
18 (b) A firefighter who is receiving a disability pension
19 under this Article who has sufficient creditable service to
20 qualify for a retirement pension and is age 50 or more may
21 elect to permanently retire from the fire service at any time
22 by submitting written application to the board. The salary
23 to be used in the determination of such firefighter's pension
24 shall be based on the salary attached to the rank held by the
25 firefighter in the fire service at the date of the election
26 to retire. All other conditions in the computation of the
27 pension shall be based upon the provisions of Section 4-109
28 which were applicable to the firefighter while he or she was
29 in active service as an employee. A firefighter electing to
30 exercise such option shall be entitled to the automatic
31 increase in pension provided under subsection (a) or (d) of
32 Section 4-109.1.
33 (Source: P.A. 83-1440.)
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1 Section 90. The State Mandates Act is amended by adding
2 Section 8.23 as follows:
3 (30 ILCS 805/8.23 new)
4 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
5 and 8 of this Act, no reimbursement by the State is required
6 for the implementation of any mandate created by this
7 amendatory Act of the 91st General Assembly.
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.