95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1817


 
Introduced 2/23/2007, by Rep. Michael P. McAuliffe - Kevin Joyce - Angelo Saviano
 
SYNOPSIS AS INTRODUCED:
 		



















40 ILCS 5/6-128.4  from Ch. 108 1/2, par. 6-128.4


40 ILCS 5/6-141.1
  from Ch. 108 1/2, par. 6-141.1


40 ILCS 5/6-167
  from Ch. 108 1/2, par. 6-167



30 ILCS 805/8.31 new










    Amends the Chicago Firefighter Article of the Illinois Pension Code. Increases the minimum surviving spouse annuity to 100% of the retirement annuity to which the deceased firefighter was entitled at the time of death. Increases the required contribution for widow's annuity by 0.5% of salary.  Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
















LRB095 09105 AMC 29298 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB1817

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    AN ACT concerning 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 changing 
5
Sections 6-128.4, 6-141.1, and 6-167 as follows:
 



6
    (40 ILCS 5/6-128.4)
  (from Ch. 108 1/2, par. 6-128.4)



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    Sec. 6-128.4. Minimum widow's annuities. 

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    (a) Notwithstanding any other provision of this Article, 
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beginning
January 1, 1996, the minimum amount of widow's 
10
annuity payable to any person
who is entitled to receive a 
11
widow's annuity under this Article is $700 per
month, without 
12
regard to whether the deceased fireman is in service on or 
13
after
the effective date of this amendatory Act of 1995.

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    (b) Notwithstanding Section 6-128.3, beginning January 1, 
15
1994, the
minimum widow's annuity under this Article shall be 
16
$700 per month for (1) all
persons receiving widow's annuities 
17
on that date who are survivors of employees
who retired at age 
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50 or over with at least 20 years of service, and (2)
persons 
19
who become eligible for widow's annuities and are survivors of

20
employees who retired at age 50 or over with at least 20 years 
21
of service.

22
    (c) Notwithstanding Section 6-128.3, beginning January 1, 
23
1999, the
minimum widow's annuity under this Article shall be 
 


 






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$800 per month for (1) all
persons receiving widow's annuities 
2
on that date who are survivors of employees
who retired at age 
3
50 or over with at least 20 years of service, and (2)
persons 
4
who become eligible for widow's annuities and are survivors of

5
employees who retired at age 50 or over with at least 20 years 
6
of service.

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    (d) Notwithstanding Section 6-128.3, beginning January 1, 
8
2004, the
minimum widow's annuity under this Article shall be 
9
$900 per month for all
persons receiving widow's annuities on 
10
or after that date, without regard to
whether the deceased 
11
fireman is in service on or after the effective date of
this 
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amendatory Act of the 93rd General Assembly.

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    (e) Notwithstanding Section 6-128.3, beginning January 1, 
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2005, the
minimum widow's annuity under this Article shall be 
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$1,000 per month for all
persons receiving widow's annuities on 
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or after that date, without regard to
whether the deceased 
17
fireman is in service on or after the effective date of
this 
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amendatory Act of the 93rd General Assembly.

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    (f) Notwithstanding any other provision of this Article, 
20
beginning
January 1, 2008, the minimum amount of widow's 
21
annuity payable to any person
who is entitled to receive a 
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widow's annuity under this Article is 100% of the amount of 
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retirement annuity that the deceased fireman was receiving on 
24
the date of death (or would have been
eligible to receive if he 
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had retired from service on the day before his death), 
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including any increases that had accrued under Section 6-164 or 
 


 






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6-164.1.   The changes to this Section made by this amendatory 
2
Act of the 95th General Assembly apply without regard to 
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whether the deceased fireman is in service on or after
the 
4
effective date of this amendatory Act of the 95th General 
5
Assembly.

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(Source: P.A. 93-654, eff. 1-16-04.)

 



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    (40 ILCS 5/6-141.1)  (from Ch. 108 1/2, par. 6-141.1)



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    Sec. 6-141.1. Widow's annuity; death after June 30, 1984.

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    (a) Notwithstanding the other provisions of this Article,

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the widow of a fireman who dies on or after June 30, 1984, 
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while receiving
a retirement annuity or while an active fireman 
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with at least 1 1/2 years
of creditable service, may elect to 
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have the amount of widow's annuity calculated in
accordance 
14
with this Section.

15
    (b) If the deceased fireman was an active fireman at the 
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time of his death
and had at least 1 1/2 years of creditable 
17
service, the widow's annuity
shall be the greater of (1) 30% of 
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the salary attached to the rank of
first class firefighter
in 
19
the classified career service at the time of the fireman's 
20
death, or
(2) 100%
50% of the retirement annuity that the 
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deceased fireman would have been
eligible to receive if he had 
22
retired from service on the day before his death.

23
    (c) If the deceased fireman was receiving a retirement 
24
annuity at the
time of his death, the widow's annuity shall be 
25
equal to 100%
50% of the amount
of such retirement annuity at 
 


 






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the time of the fireman's death, including any increases that 
2
had accrued under Section 6-164 or 6-164.1.  The changes to this 
3
Section made by this amendatory Act of the 95th General 
4
Assembly apply without regard to
whether the deceased fireman 
5
is in service on or after the effective date of
this amendatory 
6
Act of the 95th General Assembly.

7
(Source: P.A. 84-11.)

 



8
    (40 ILCS 5/6-167)  (from Ch. 108 1/2, par. 6-167)



9
    Sec. 6-167. Contributions for widow's annuity. Until 
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January 1, 2008, 1.5% of salary and beginning January 1, 2008, 
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2.0% of salary
Beginning on the effective date and prior to 
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September 1, 1957,
1% of each payment of salary of not more 
13
than $3,000 of each employee and
beginning September 1, 1957, 
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1% of each payment of salary of not more than
$6,000 of each 
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present employee and future entrant shall be deducted and

16
contributed to the fund for widow's annuity.  After September 1, 
17
1967
and prior to January 1, 1976,
1%,
and beginning January 1, 
18
1976, 1 1/2%
 of salary  without limitation shall be deducted 
19
from the pay of each
present employee and future entrant and 
20
contributed to the fund for widow's
annuity.  The deduction 
21
shall be made at the time the payments of salary are
payable 
22
and shall continue during the service of the employee.
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    Concurrently with each contribution, the city shall 
24
contribute 2% of
each payment of salary.

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    Each contribution by the employee and the city shall be 
 


 






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allocated to the
accounts of and credited to the employee for 
2
widow's annuity.  

3
(Source: P.A. 79-633.)

 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.31 as follows:
 
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    (30 ILCS 805/8.31 new)
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    Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 
8
of this Act, no reimbursement by the State is required for the 
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implementation of any mandate created by this amendatory Act of 
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the 95th General Assembly.
 

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    Section 99. Effective date. This Act takes effect upon 
12
becoming law.