State of Illinois
92nd General Assembly
Legislation

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92_HB4256

 
                                               LRB9212546EGfg

 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  Sections  6-141.1,  6-150,  and  6-213  and  adding
 6    Section 6-210.2 as follows:

 7        (40 ILCS 5/6-141.1) (from Ch. 108 1/2, par. 6-141.1)
 8        Sec.  6-141.1.  Widow's  annuity - death on or after June
 9    30, 1984.
10        (a)  Notwithstanding  the  other   provisions   of   this
11    Article, the widow of a fireman who dies on or after June 30,
12    1984, while receiving a retirement annuity or while an active
13    fireman  with at least 1 1/2 years of creditable service, and
14    the widow of a fireman who dies after separation from service
15    with at least 20 years of service credit, if  the  separation
16    occurs  on  or after January 1, 1990 and before attainment of
17    age 50, may elect, in lieu of any other widow's annuity under
18    this  Article,  to  have  the  amount  of   widow's   annuity
19    calculated in accordance with this Section.
20        (b)  If the deceased fireman was an active fireman at the
21    time  of his death and had at least 1 1/2 years of creditable
22    service, the widow's annuity shall be the greater of (1)  30%
23    of the salary attached to the rank of first class firefighter
24    in the classified career service at the time of the fireman's
25    death,  or  (2)  50%  of  the retirement annuity the deceased
26    fireman would have been eligible to receive if he had retired
27    from service on the day before his death.
28        (c)  If the deceased fireman was receiving  a  retirement
29    annuity  at  the time of his death, the widow's annuity shall
30    be equal to 50% of the amount of such retirement  annuity  at
31    the time of the fireman's death.
 
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 1        (d)  If  the  deceased  fireman  dies before beginning to
 2    receive a  retirement  annuity,  but  after  separation  from
 3    service  with at least 20 years of service credit, and if the
 4    separation occurs on or after  January  1,  1990  and  before
 5    attainment  of age 50, the widow may elect a widow's annuity,
 6    payable beginning on the date the deceased fireman would have
 7    attained age 50, which shall be equal to 50% of the amount of
 8    the retirement annuity the fireman would have  been  entitled
 9    to receive beginning at age 50.
10    (Source: P.A. 84-11.)

11        (40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150)
12        Sec. 6-150. Death benefit.
13        (a)  Effective January 1, 1962, an ordinary death benefit
14    shall  be payable on account of any fireman in service and in
15    receipt of salary on or after such date, which benefit  shall
16    be  in  addition  to  all other annuities and benefits herein
17    provided.  This benefit shall be  payable  upon  death  of  a
18    fireman:
19             (1)  occurring in active service while in receipt of
20        salary;
21             (2)  on an authorized and approved leave of absence,
22        without salary, beginning on or after January 1, 1962, if
23        the death occurs within 60 days from the date the fireman
24        was in receipt of salary;
25             (3)  receiving   duty,   occupational   disease,  or
26        ordinary disability benefit;
27             (4)  occurring within  60  days  from  the  date  of
28        termination  of  duty  disability,  occupational  disease
29        disability  or  ordinary  disability  benefit payments if
30        re-entry into service had not occurred;
31             (5)  occurring on retirement and while in receipt of
32        an age and service,  prior  service  annuity  or  minimum
33        annuity; provided (a) retirement on such annuity occurred
 
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 1        on or after January 1, 1962, and (b) such separation from
 2        service   was   effective   on  or  after  the  fireman's
 3        attainment of  age  50,  and  (c)  application  for  such
 4        annuity  was  made  within  60 days after separation from
 5        service.
 6        (b)  The ordinary death benefit shall be payable to  such
 7    beneficiary  or beneficiaries as the fireman has nominated by
 8    written direction duly  signed  and  acknowledged  before  an
 9    officer  authorized  to  take acknowledgments, and filed with
10    the board. If no such written direction has been filed or  if
11    the  designated  beneficiaries  do  not  survive the fireman,
12    payment of the benefit shall be made to his estate.
13        (c)  Beginning July 1, 1983, if  death  occurs  prior  to
14    retirement  on annuity and before the fireman's attainment of
15    age 50, the amount of the benefit payable shall  be  $12,000.
16    Beginning  July 1, 1983, if death occurs prior to retirement,
17    at age 50 or over, the benefit of $12,000  shall  be  reduced
18    $400 for each year (commencing on the fireman's attainment of
19    age 50 and thereafter on each succeeding birth date) that the
20    fireman's  age, at date of death, is more than age 49, but in
21    no event below the amount of $6,000.
22        Beginning July 1, 1983, if  the  fireman's  death  occurs
23    while  he  is  in receipt of an annuity, the benefit shall be
24    $6,000.
25        (d)  An ordinary death benefit of $6,000 shall be payable
26    on account of  any  fireman  who  dies  before  beginning  to
27    receive  a  retirement  annuity  but  after  separation  from
28    service, if that separation occurs (1) on or after January 1,
29    1990  and  before the fireman's attainment of age 50, and (2)
30    with at least 20 years of service credit; provided  that  the
31    fireman  must contribute to the Fund a sum equal to an active
32    fireman's monthly death benefit contribution for each full or
33    partial month between separation from service and  attainment
34    of  age 50.  This contribution must be paid in full within 60
 
                            -4-                LRB9212546EGfg
 1    days after the effective date of this amendatory Act  of  the
 2    92nd General Assembly or within 60 days after separation from
 3    service, whichever is later.
 4    (Source: P.A. 83-152.)

 5        (40 ILCS 5/6-210.2 new)
 6        Sec. 6-210.2.  Payments and rollovers.
 7        (a)  The  Board may adopt rules prescribing the manner of
 8    repaying refunds and purchasing any other  credits  permitted
 9    under  this  Article.   The rules may prescribe the manner of
10    calculating interest when payments or repayments are made  in
11    installments.
12        (b)  Rollover  contributions  from other retirement plans
13    qualified under the Internal Revenue Code of 1986 may be used
14    to purchase any optional credit or repay any refund permitted
15    under this Article.

16        (40 ILCS 5/6-213) (from Ch. 108 1/2, par. 6-213)
17        Sec.  6-213.  Annuities,  etc.,  exempt.   All  pensions,
18    annuities, refunds and disability benefits granted under this
19    Article and every portion thereof, are exempt from attachment
20    or garnishment  process  and  shall  not  be  seized,  taken,
21    subjected  to,  detained,  or  levied  upon  by virtue of any
22    judgment or any process or proceeding whatsoever  entered  or
23    issued  by or out of any court in this State, for the payment
24    and satisfaction in whole or in part  of  any  debt,  damage,
25    claim,  demand, or judgment against any pensioner, annuitant,
26    applicant for a refund or other beneficiary hereunder.
27        No  pensioner,  annuitant,  applicant   for   a   refund,
28    disability  beneficiary  or  other beneficiary has a right to
29    transfer or assign his or her  pension,  annuity,  refund  or
30    disability  benefit  or  any  part  thereof  by  mortgage  or
31    otherwise,   except  that  (1)  an  annuitant  or  disability
32    beneficiary may direct in writing that a monthly  payment  be
 
                            -5-                LRB9212546EGfg
 1    made to such association or organization with which he or his
 2    widow may be affiliated by virtue of his fire service, or for
 3    hospitalization  insurance  purposes  and  (2) in the case of
 4    refunds, a participant may pledge  by  assignment,  power  of
 5    attorney, or otherwise, as security for a loan from a legally
 6    operating  credit  union making loans only to participants in
 7    certain  public  employee  pension  funds  described  in  the
 8    Illinois Pension Code, all or part of any  refund  which  may
 9    become  payable  to  him  in the event of his separation from
10    service.
11        An annuitant may execute under oath a written  waiver  of
12    his  right  to  receive  all or any part of his annuity.  The
13    waiver shall take effect upon being filed with the board  and
14    shall   be  irrevocable.   The  annuity  shall  thereupon  be
15    permanently reduced by the amount waived.
16        The board, in its discretion, however,  may  pay  to  the
17    wife  of  any  above  stated  person,  such proportion of her
18    husband's annuity, pension, refund or disability benefit as a
19    court may order, or such an amount as the board may  consider
20    necessary  for  her support or for the support of herself and
21    the children, in the event of his  failure  to  provide  such
22    support.   The  board  may  also  retain  out  of  any future
23    annuity, pension, refund or disability benefit  payment  such
24    amount  or  amounts,  as it may in its discretion set for the
25    purpose of repayment into this fund of  any  moneys  paid  to
26    such  person  through misrepresentation, fraud or error.  Any
27    action herein provided to be taken by the board  shall,  when
28    taken,  release the board and the fund from any liability for
29    any moneys retained or paid out as herein provided.
30        Whenever  any  annuity,  pension,  refund  or  disability
31    benefit is payable to a minor or to a person adjudged  to  be
32    under  legal  disability, the board in its discretion when to
33    the apparent interest of such minor  or  person  under  legal
34    disability  may  waive  guardianship proceedings and pay such
 
                            -6-                LRB9212546EGfg
 1    money to the person providing for or caring  for  such  minor
 2    and to the wife, parent or blood relative providing or caring
 3    for such person under legal disability.
 4        Whenever  a pensioner, annuitant, applicant for refund or
 5    disability beneficiary  disappears  or  his  whereabouts  are
 6    unknown  and  it  cannot  be ascertained whether or not he is
 7    living, there shall be paid to his wife  under  this  section
 8    the  amount  which  would  be payable to her in the event her
 9    fireman husband had died on the date of his disappearance. In
10    the event of his  subsequent  return,  or  upon  satisfactory
11    proof  of his being alive, the amount theretofore paid to his
12    wife shall be charged against any moneys payable to him under
13    any of the provisions of this Article as though such  payment
14    to  his  wife  had been an allowance to her out of the moneys
15    payable to him as such pensioner,  annuitant,  applicant  for
16    refund or disability beneficiary.
17    (Source: P.A. 87-1265.)

18        Section  90.  The State Mandates Act is amended by adding
19    Section 8.26 as follows:

20        (30 ILCS 805/8.26 new)
21        Sec. 8.26. Exempt mandate.   Notwithstanding  Sections  6
22    and  8 of this Act, no reimbursement by the State is required
23    for  the  implementation  of  any  mandate  created  by  this
24    amendatory Act of the 92nd General Assembly.

25        Section 99. Effective date.  This Act takes  effect  upon
26    becoming law.

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