Bill Text: IL HB1191 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Chicago Firefighter Article of the Illinois Pension Code. Provides for an annual increase in a retirement annuity at age 55 if the fireman was born before January 1, 1961 (was, before January 1, 1955). Compounds the automatic annual increase in a retirement annuity at age 65. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB1191 Detail]

Download: Illinois-2009-HB1191-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB1191 Introduced 2/11/2009, by Rep. Joseph M. Lyons SYNOPSIS AS INTRODUCED:
40 ILCS 5/6-164 from Ch. 108 1/2, par. 6-164
30 ILCS 805/8.33 new
Amends the Chicago Firefighter Article of the Illinois Pension Code. Provides for an annual increase in a retirement annuity at age 55 if the fireman was born before January 1, 1961 (was, before January 1, 1955). Compounds the automatic annual increase in a retirement annuity at age 65. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT concerning 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 6-164 as follows:
(40 ILCS 5/6-164) (from Ch. 108 1/2, par. 6-164)
Sec. 6-164. Automatic annual increase; retirement after
September 1, 1959.
(a) A fireman qualifying for a minimum annuity who retires
from service after September 1, 1959 shall, upon either the
first of the month following the first anniversary of his date
of retirement if he is age 60 (age 55 if born before January 1,
1961 1955) or over on that anniversary date, or upon the first
of the month following his attainment of age 60 (age 55 if born
before January 1, 1961 1955) if that occurs after the first
anniversary of his retirement date, have his then fixed and
payable monthly annuity increased by 1 1/2%, and such first
fixed annuity as granted at retirement increased by an
additional 1 1/2% in January of each year thereafter up to a
maximum increase of 30%. Beginning July 1, 1982 for firemen
born before January 1, 1930, and beginning January 1, 1990 for
firemen born after December 31, 1929 and before January 1,
1940, and beginning January 1, 1996 for firemen born after

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December 31, 1939 but before January 1, 1945, and beginning
January 1, 2004, for firemen born after December 31, 1944 but
before January 1, 1955, and beginning January 1, 2010 for
firemen born after December 31, 1954 but before January 1,
1961, such increases shall be 3% and such firemen shall not be
subject to the 30% maximum increase.
Any fireman born before January 1, 1945 who qualifies for a
minimum annuity and retires after September 1, 1967 but has not
received the initial increase under this subsection before
January 1, 1996 is entitled to receive the initial increase
under this subsection on (1) January 1, 1996, (2) the first
anniversary of the date of retirement, or (3) attainment of age
55, whichever occurs last. The changes to this Section made by
this amendatory Act of 1995 apply beginning January 1, 1996 and
apply without regard to whether the fireman or annuitant
terminated service before the effective date of this amendatory
Act of 1995.
Any fireman born before January 1, 1955 who qualifies for a
minimum annuity and retires after September 1, 1967 but has not
received the initial increase under this subsection before
January 1, 2004 is entitled to receive the initial increase
under this subsection on (1) January 1, 2004, (2) the first
anniversary of the date of retirement, or (3) attainment of age
55, whichever occurs last. The changes to this Section made by
this amendatory Act of the 93rd General Assembly apply without
regard to whether the fireman or annuitant terminated service

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before the effective date of this amendatory Act.
Any fireman born before January 1, 1961 who qualifies for a
minimum annuity and retires after September 1, 1967 but has not
received the initial increase under this subsection before
January 1, 2010 is entitled to receive the initial increase
under this subsection on (1) January 1, 2010, (2) the first
anniversary of the date of retirement, or (3) attainment of age
55, whichever occurs last. The changes to this Section made by
this amendatory Act of the 96th General Assembly apply without
regard to whether the fireman or annuitant terminated service
before the effective date of this amendatory Act.
Beginning January 1, 2010, the increases provided under
this subsection (a) for a fireman who is age 65 or older shall
be 3% of the total amount of annuity payable at the time of the
increase, including any previous increases granted under this
Article.
(b) Subsection (a) of this Section is not applicable to an
employee receiving a term annuity.
(c) To help defray the cost of such increases in annuity,
there shall be deducted, beginning September 1, 1959, from each
payment of salary to a fireman, 1/8 of 1% of each such salary
payment and an additional 1/8 of 1% beginning on September 1,
1961, and September 1, 1963, respectively, concurrently with
and in addition to the salary deductions otherwise made for
annuity purposes.
Each such additional 1/8 of 1% deduction from salary which

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shall, on September 1, 1963, result in a total increase of 3/8
of 1% of salary, shall be credited to the Automatic Increase
Reserve, to be used, together with city contributions as
provided in this Article, to defray the cost of the 1 1/2%
annuity increments herein specified. Any balance in such
reserve as of the beginning of each calendar year shall be
credited with interest at the rate of 3% per annum.
The salary deductions provided in this Section are not
subject to refund, except to the fireman himself, in any case
in which a fireman withdraws prior to qualification for minimum
annuity and applies for refund, or applies for annuity, and
also where a term annuity becomes payable. In such cases, the
total of such salary deductions shall be refunded to the
fireman, without interest, and charged to the aforementioned
reserve.
(Source: P.A. 93-654, eff. 1-16-04.)
Section 90. The State Mandates Act is amended by adding
Section 8.33 as follows:
(30 ILCS 805/8.33 new)
Sec. 8.33. 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 96th General Assembly.
Section 99. Effective date. This Act takes effect upon

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becoming law.