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92_HB1877 LRB9205421EGfg 1 AN ACT in relation to public employee benefits. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Pension Code is amended by 5 changing Section 5-114 as follows: 6 (40 ILCS 5/5-114) (from Ch. 108 1/2, par. 5-114) 7 Sec. 5-114. Salary. "Salary": 8 (a) Annual salary, provided that $2,600 shall be the 9 maximum amount of salary to be considered for any purpose 10 under this Act prior to July 1, 1927. 11 (b) Annual salary, provided that $3,000 shall be the 12 maximum amount of salary to be considered for any purpose 13 under this Act from July 1, 1927 to July 1, 1931. 14 (c) Annual salary, provided that the annual salary shall 15 be considered for age and service annuity, minimum annuity 16 and disability benefits and $3,000 shall be the maximum 17 amount of salary to be considered for prior service annuity, 18 widow's annuity, widow's prior service annuity and child's 19 annuity from July 1, 1931 to July 1, 1933. 20 (d) Beginning July 1, 1933, annual salary of a policeman 21 appropriated for members of his rank or grade in the city's 22 annual budget or appropriation bill, subject to the 23 following: 24 (1) For age and service annuity, minimum annuity 25 and disability benefits, the amount of annual salary 26 without limitation. 27 (2) For prior service annuity, widow's annuity, 28 widow's prior service annuity and child's annuity from 29 July 1, 1933 to July 1, 1957, the amount of annual salary 30 up to a maximum of $3,000; beginning July 1, 1957, for 31 such annuities, the amount of annual salary without -2- LRB9205421EGfg 1 limitation. 2 (3) When the salary appropriated is for a definite 3 period of service of less than 12 months in any one year, 4 disability benefits shall be computed on a daily wage 5 basis computed by dividing the amount appropriated by 6 365. 7 (e) For a policeman assigned to a non-civil service 8 position as provided in Section 5-174 from and after January 9 1, 1970, (with the hereinafter stated excess not considered 10 as salary for any purpose of this Article for any of the 11 years prior to 1970 except to the extent provided by the 12 election in Section 5-174), annual salary means the total 13 salary derived from appropriations applicable to the civil 14 service rank plus the excess over such amount paid for 15 service in the non-civil service position. However, for a 16 policeman first assigned to a non-civil service position 17 after December 31, 2001, the annual salary for the purposes 18 of this Article shall not exceed the maximum annual civil 19 service salary for persons holding the rank of captain. 20 (f) Beginning January 1, 1998, the salary of a 21 policeman, as calculated under subsection (d), shall include 22 any duty availability allowance received by the policeman. 23 An active or former policeman who (1) either retired 24 between July 1, 1994 and December 31, 1997, both inclusive, 25 or attained or will attain age 50 and 20 years of service 26 between July 1, 1994 and January 1, 2002, both inclusive, and 27 (2) received a duty availability allowance at any time after 28 June 30, 1994 and before January 1, 1998 may elect to have 29 that duty availability allowance included in the calculation 30 of his or her salary under subsection (d) for all or any 31 portion of that period for which the allowance was received, 32 by applying in writing and paying to the Fund, no earlier 33 than January 1, 1998 and no later than July 1, 1998, the 34 corresponding employee contribution, without interest. -3- LRB9205421EGfg 1 Thereafter the City shall make its corresponding 2 contribution, without interest. 3 This subsection (f) applies without regard to whether the 4 applicant terminated service or began to receive a retirement 5 annuity before the effective date of this amendatory Act of 6 1997. In the case of a person who is receiving a retirement 7 annuity at the time the application and contribution are 8 received by the Fund, the annuity shall be recalculated and 9 the resulting increase shall become payable on the next 10 annuity payment date following the date the contribution is 11 received by the Fund. 12 (Source: P.A. 90-551, eff. 12-12-97.) 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.
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