State of Illinois
Public Acts
92^nd General Assembly

Public Act 92-0050

HB0254 Enrolled                                LRB9203732EGfg

    AN ACT in relation to public employee 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 6-140 as follows:

    (40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
    Sec. 6-140.  Death in the line of duty.
    (a)  The annuity for the widow of a fireman  whose  death
results  from the performance of an act or acts of duty shall
be an amount equal  to  50%  of  the  current  annual  salary
attached  to the classified position to which the fireman was
certified at the time of his  death  and  75%  thereof  after
December  31,  1972.,  and  it  shall be payable to the widow
until the fireman, had he lived, would have attained the  age
prescribed for compulsory retirement.
    Thereafter  the  widow shall receive annuity of an amount
equal to 40% of the current annual  salary  attached  to  the
classified position to which the fireman was certified at the
time  of  his  death.   The benefits provided in this Section
shall be paid to all widows who  qualified  to  receive  said
benefits before the effective date of this amendatory Act and
to those widows who qualify after the effective date.
    Unless  the performance of an act or acts of duty results
directly in the death of the fireman, or  prevents  him  from
subsequently  resuming active service in the fire department,
the annuity herein provided shall not be paid; nor shall such
annuities be paid unless  the  widow  was  the  wife  of  the
fireman at the time of the act or acts of duty which resulted
in his death.
    (b)  The  changes made to this Section by this amendatory
Act of the 92nd General  Assembly  apply  without  regard  to
whether  the  deceased fireman was in service on or after the
effective date of this amendatory Act.   In  the  case  of  a
widow  receiving  an annuity under this Section that has been
reduced to 40% of current salary because the fireman, had  he
lived,  would have attained the age prescribed for compulsory
retirement, the annuity  shall  be  restored  to  the  amount
provided  in  subsection  (a), with the increase beginning to
accrue on the later of January 1, 2001 or the day the annuity
first became payable.
(Source: P.A. 77-1580.)

    Section 90.  The State Mandates Act is amended by  adding
Section 8.25 as follows:

    (30 ILCS 805/8.25 new)
    Sec.  8.25.  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 92nd General Assembly.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 17, 2001.
    Approved July 12, 2001.
    Effective July 12, 2001.