Bill Text: IL HB4813 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Downstate Firefighters Article of the Illinois Pension Code. Provides that each annual increase for Tier 2 members shall be calculated at 3% of the originally granted pension (rather than the lesser of 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for a 12-month period ending in September preceding each November 1). Provides that the changes shall apply without regard to whether a Tier 2 member is in active service under the Article on or after the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4813 Detail]

Download: Illinois-2017-HB4813-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4813 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED:
40 ILCS 5/4-109.1 from Ch. 108 1/2, par. 4-109.1
30 ILCS 805/8.42 new
Amends the Downstate Firefighters Article of the Illinois Pension Code. Provides that each annual increase for Tier 2 members shall be calculated at 3% of the originally granted pension (rather than the lesser of 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for a 12-month period ending in September preceding each November 1). Provides that the changes shall apply without regard to whether a Tier 2 member is in active service under the Article on or after the effective date of the amendatory Act. 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 4-109.1 as follows:
(40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
Sec. 4-109.1. Increase in pension.
(a) Except as provided in subsection (e), the monthly
pension of a firefighter who retires after July 1, 1971 and
prior to January 1, 1986, shall, upon either the first of the
month following the first anniversary of the date of retirement
if 60 years of age or over at retirement date, or upon the
first day of the month following attainment of age 60 if it
occurs after the first anniversary of retirement, be increased
by 2% of the originally granted monthly pension and by an
additional 2% in each January thereafter. Effective January
1976, the rate of the annual increase shall be 3% of the
originally granted monthly pension.
(b) The monthly pension of a firefighter who retired from
service with 20 or more years of service, on or before July 1,
1971, shall be increased, in January of the year following the
year of attaining age 65 or in January 1972, if then over age
65, by 2% of the originally granted monthly pension, for each

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year the firefighter received pension payments. In each January
thereafter, he or she shall receive an additional increase of
2% of the original monthly pension. Effective January 1976, the
rate of the annual increase shall be 3%.
(c) The monthly pension of a firefighter who is receiving a
disability pension under this Article shall be increased, in
January of the year following the year the firefighter attains
age 60, or in January 1974, if then over age 60, by 2% of the
originally granted monthly pension for each year he or she
received pension payments. In each January thereafter, the
firefighter shall receive an additional increase of 2% of the
original monthly pension. Effective January 1976, the rate of
the annual increase shall be 3%.
(c-1) On January 1, 1998, every child's disability benefit
payable on that date under Section 4-110 or 4-110.1 shall be
increased by an amount equal to 1/12 of 3% of the amount of the
benefit, multiplied by the number of months for which the
benefit has been payable. On each January 1 thereafter, every
child's disability benefit payable under Section 4-110 or
4-110.1 shall be increased by 3% of the amount of the benefit
then being paid, including any previous increases received
under this Article. These increases are not subject to any
limitation on the maximum benefit amount included in Section
4-110 or 4-110.1.
(c-2) On July 1, 2004, every pension payable to or on
behalf of a minor or disabled surviving child that is payable

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on that date under Section 4-114 shall be increased by an
amount equal to 1/12 of 3% of the amount of the pension,
multiplied by the number of months for which the benefit has
been payable. On July 1, 2005, July 1, 2006, July 1, 2007, and
July 1, 2008, every pension payable to or on behalf of a minor
or disabled surviving child that is payable under Section 4-114
shall be increased by 3% of the amount of the pension then
being paid, including any previous increases received under
this Article. These increases are not subject to any limitation
on the maximum benefit amount included in Section 4-114.
(d) The monthly pension of a firefighter who retires after
January 1, 1986, shall, upon either the first of the month
following the first anniversary of the date of retirement if 55
years of age or over, or upon the first day of the month
following attainment of age 55 if it occurs after the first
anniversary of retirement, be increased by 1/12 of 3% of the
originally granted monthly pension for each full month that has
elapsed since the pension began, and by an additional 3% in
each January thereafter.
The changes made to this subsection (d) by this amendatory
Act of the 91st General Assembly apply to all initial increases
that become payable under this subsection on or after January
1, 1999. All initial increases that became payable under this
subsection on or after January 1, 1999 and before the effective
date of this amendatory Act shall be recalculated and the
additional amount accruing for that period, if any, shall be

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payable to the pensioner in a lump sum.
(e) Notwithstanding the provisions of subsection (a), upon
the first day of the month following (1) the first anniversary
of the date of retirement, or (2) the attainment of age 55, or
(3) July 1, 1987, whichever occurs latest, the monthly pension
of a firefighter who retired on or after January 1, 1977 and on
or before January 1, 1986 and did not receive an increase under
subsection (a) before July 1, 1987, shall be increased by 3% of
the originally granted monthly pension for each full year that
has elapsed since the pension began, and by an additional 3% in
each January thereafter. The increases provided under this
subsection are in lieu of the increases provided in subsection
(a).
(f) In July 2009, the monthly pension of a firefighter who
retired before July 1, 1977 shall be recalculated and increased
to reflect the amount that the firefighter would have received
in July 2009 had the firefighter been receiving a 3% compounded
increase for each year he or she received pension payments
after January 1, 1986, plus any increases in pension received
for each year prior to January 1, 1986. In each January
thereafter, he or she shall receive an additional increase of
3% of the amount of the pension then being paid. The changes
made to this Section by this amendatory Act of the 96th General
Assembly apply without regard to whether the firefighter was in
service on or after its effective date.
(g) Notwithstanding any other provision of this Article,

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the monthly pension of a person who first becomes a firefighter
under this Article on or after January 1, 2011 shall be
increased on the January 1 occurring either on or after the
attainment of age 60 or the first anniversary of the pension
start date, whichever is later. Each annual increase shall be
calculated at 3% or one-half the annual unadjusted percentage
increase (but not less than zero) 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
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 pension shall not be increased.
For the purposes of this subsection (g), "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.
Notwithstanding Section 1-103.1, the changes made by this
amendatory Act of the 100th General Assembly apply without
regard to whether the person who first became a firefighter
under this Article on or after January 1, 2011 is in active

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service under this Article on or after the effective date of
this amendatory Act of the 100th General Assembly.
(Source: P.A. 96-775, eff. 8-28-09; 96-1495, eff. 1-1-11.)
Section 90. The State Mandates Act is amended by adding
Section 8.42 as follows:
(30 ILCS 805/8.42 new)
Sec. 8.42. 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 100th General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.