Public Act 098-0391
Public Act 0391 98TH GENERAL ASSEMBLY
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Public Act 098-0391
| | HB1375 Enrolled | LRB098 04254 EFG 34281 b |
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| AN ACT concerning public employee retirement benefits.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Pension Code is amended by changing | Section 4-114 as follows:
| (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
| Sec. 4-114. Pension to survivors. If a firefighter who is | not receiving a
disability pension under Section 4-110 or | 4-110.1 dies (1) as a result of any
illness or accident, or (2) | from any cause while in receipt of a disability
pension under | this Article, or (3) during retirement after 20 years service, | or
(4) while vested for or in receipt of a pension payable | under subsection (b)
of Section 4-109, or (5) while a deferred | pensioner, having made all required
contributions, a pension | shall be paid to his or her survivors, based on the
monthly | salary attached to the firefighter's rank on the last day of | service
in the fire department, as follows:
| (a)(1) To the surviving spouse, a monthly pension of
| 40% of the monthly salary, and if there is a surviving | spouse, to the guardian of any minor child or
children | including a child which has been conceived but not yet | born, 12%
of such monthly salary for each such child until | attainment of age 18 or
until the child's marriage, |
| whichever occurs first. Beginning July 1,
1993, the monthly | pension to the surviving spouse shall be 54% of the
monthly | salary for all persons receiving a surviving spouse pension | under
this Article, regardless of whether the deceased | firefighter was in service
on or after the effective date | of this amendatory Act of 1993.
| (2) Beginning July 1, 2004, unless the amount provided | under paragraph (1) of this subsection (a) is greater, the | total monthly pension payable under
this paragraph (a), | including any amount payable on account of children, to the | surviving spouse of a firefighter who died (i) while
| receiving a retirement pension, (ii) while he or she was a | deferred pensioner with at least 20 years of creditable | service, or (iii) while he or she was in active service | having at least 20 years of creditable service, regardless | of age, shall be no less than 100% of the monthly | retirement pension earned by
the deceased firefighter at | the time of death, regardless of whether death occurs | before or after attainment of age 50, including any
| increases under Section 4-109.1. This minimum applies to | all such surviving
spouses who are eligible to receive a | surviving spouse pension, regardless of
whether the | deceased firefighter was in service on or after the | effective date
of this amendatory Act of the 93rd General | Assembly, and notwithstanding any
limitation on maximum | pension under paragraph (d) or any other provision of
this |
| Article.
| (3) If the pension paid on and after July 1, 2004 to | the surviving spouse of a firefighter who died on or after | July 1, 2004 and before the effective date of this | amendatory Act of the 93rd General Assembly was less than | the minimum pension payable under paragraph (1) or (2) of | this subsection (a), the fund shall pay a lump sum equal to | the difference within 90 days after the effective date of | this amendatory Act of the 93rd General Assembly.
| The pension to the surviving spouse shall terminate in | the event of the
surviving spouse's remarriage prior to | July 1, 1993; remarriage on or after
that date does not | affect the surviving spouse's pension, regardless of
| whether the deceased firefighter was in service on or after | the effective
date of this amendatory Act of 1993.
| The surviving spouse's pension shall be subject to the | minimum established
in Section 4-109.2.
| (b) Upon the death of the surviving spouse leaving one | or more minor
children, or upon the death of a firefighter | leaving one or more minor
children but no surviving spouse, | to the duly appointed guardian of each such child, for | support
and maintenance of each such child until the child | reaches age 18 or
marries, whichever occurs first, a | monthly pension of 20% of the monthly
salary.
| In a case where the deceased firefighter left one or | more minor children but no surviving spouse and the |
| guardian of a child is receiving a pension of 12% of the | monthly salary on the effective date of this amendatory | Act, the pension is increased by this amendatory Act to 20% | of the monthly salary for each such child, beginning on the | pension payment date occurring on or next following the | effective date of this amendatory Act. The changes to this | Section made by this amendatory Act of the 98th General | Assembly apply without regard to whether the deceased | firefighter was in service
on or after the effective date | of this amendatory Act. | (c) If a deceased firefighter leaves no surviving | spouse or unmarried
minor children under age 18, but leaves | a dependent father or mother, to
each dependent parent a | monthly pension of 18% of the monthly salary. To
qualify | for the pension, a dependent parent must furnish | satisfactory proof
that the deceased firefighter was at the | time of his or her death the sole
supporter of the parent | or that the parent was the deceased's dependent for
federal | income tax purposes.
| (d) The total pension provided under paragraphs (a), | (b) and (c) of this
Section shall not exceed 75% of the | monthly salary of the deceased firefighter
(1) when paid to | the survivor of a firefighter who has attained 20 or more
| years of service credit and who receives or is eligible to | receive a retirement
pension under this Article, or (2) | when paid to the survivor of a firefighter
who dies as a |
| result of illness or accident, or (3) when paid to the | survivor
of a firefighter who dies from any cause while in | receipt of a disability
pension under this Article, or (4) | when paid to the survivor of a deferred
pensioner. For all | other survivors of deceased firefighters, the total | pension
provided under paragraphs (a), (b) and (c) of this | Section shall not exceed 50%
of the retirement annuity the | firefighter would have received on the date of
death.
| The maximum pension limitations in this paragraph (d) | do not control
over any contrary provision of this Article | explicitly establishing a minimum
amount of pension or | granting a one-time or annual increase in pension.
| (e) If a firefighter leaves no eligible survivors under | paragraphs (a),
(b) and (c), the board shall refund to the | firefighter's estate the amount
of his or her accumulated | contributions, less the amount of pension
payments, if any, | made to the firefighter while living.
| (f) (Blank).
| (g) If a judgment of dissolution of marriage between a | firefighter and
spouse is judicially set aside subsequent | to the firefighter's death, the
surviving spouse is | eligible for the pension provided in paragraph (a) only
if | the judicial proceedings are filed within 2 years after the | date of the
dissolution of marriage and within one year | after the firefighter's death and
the board is made a party | to the proceedings. In such case the pension shall be
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| payable only from the date of the court's order setting | aside the judgment of
dissolution of marriage.
| (h) Benefits payable on account of a child under this | Section shall
not be reduced or terminated by reason of the | child's attainment of age 18
if he or she is then dependent | by reason of a physical or mental disability
but shall | continue to be paid as long as such dependency continues.
| Individuals over the age of 18 and adjudged as a disabled | person pursuant
to Article XIa of the Probate Act of 1975, | except for persons receiving
benefits under Article III of | the Illinois Public Aid Code, shall be
eligible to receive | benefits under this Act.
| (i) Beginning January 1, 2000, the pension of the | surviving spouse of
a firefighter who dies on or after | January 1, 1994 as a result of sickness,
accident, or | injury incurred in or resulting from the performance of an | act of
duty or from the cumulative effects of acts of duty | shall not be less than 100%
of the salary attached to the | rank held by the deceased firefighter on the last
day of | service, notwithstanding subsection (d) or any other | provision of
this Article.
| (j) Beginning July 1, 2004, the pension of the | surviving spouse of
a firefighter who dies on or after | January 1, 1988 as a result of sickness,
accident, or | injury incurred in or resulting from the performance of an | act of
duty or from the cumulative effects of acts of duty |
| shall not be less than 100%
of the salary attached to the | rank held by the deceased firefighter on the last
day of | service, notwithstanding subsection (d) or any other | provision of
this Article.
| Notwithstanding any other provision of this Article, if a | person who first becomes a firefighter under this Article on or | after January 1, 2011 and who is not receiving a
disability | pension under Section 4-110 or 4-110.1 dies (1) as a result of | any
illness or accident, (2) from any cause while in receipt of | a disability
pension under this Article, (3) during retirement | after 20 years service, (4) while vested for or in receipt of a | pension payable under subsection (b)
of Section 4-109, or (5) | while a deferred pensioner, having made all required
| contributions, then a pension shall be paid to his or her | survivors in the amount of 66 2/3% of the firefighter's earned | pension at the date of death. Nothing in this Section shall act | to diminish the
survivor's benefits described in subsection (j) | of this Section. | Notwithstanding any other provision of this Article, the | monthly
pension of a survivor of a person who first becomes a | firefighter under this Article on or after January 1, 2011 | shall be increased on the January 1 after attainment of age 60 | by the recipient of the survivor's pension and
each January 1 | thereafter by 3% or one-half the annual unadjusted percentage | increase in the consumer price index-u for the
12 months ending | with the September preceding each November 1, whichever is |
| less, of the originally granted survivor's pension. If the | annual unadjusted percentage change in
the consumer price | index-u for a 12-month period ending in September is zero or, | when compared with the preceding period, decreases, then the | survivor's pension shall not
be increased. | For the purposes of this Section, "consumer price index-u" | means the index published by the Bureau of Labor Statistics of | the United States Department of Labor that measures the average | change in prices of goods and services purchased by all urban | consumers, United States city average, all items, 1982-84 = | 100. The new amount resulting from each annual adjustment shall | be determined by the Public Pension Division of the Department | of Insurance and made available to the boards of the pension | funds. | (Source: P.A. 95-279, eff. 1-1-08; 96-1495, eff. 1-1-11.)
| Section 90. The State Mandates Act is amended by adding | Section 8.37 as follows:
| (30 ILCS 805/8.37 new) | Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8 | of this Act, no reimbursement by the State is required for the | implementation of any mandate created by this amendatory Act of | the 98th General Assembly.
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/16/2013
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