Bill Text: IL HB5183 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Chicago Firefighter Article of the Illinois Pension Code. Beginning January 1, 2019, increases the amount of the minimum retirement annuity for certain firemen and the minimum widow's annuity to 150% (instead of 125%) of the federal poverty level. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB5183 Detail]
Download: Illinois-2017-HB5183-Engrossed.html
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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||
5 | Sections 5-167.2, 5-167.4, 6-128.2, and 6-128.4 as follows:
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6 | (40 ILCS 5/5-167.2)
(from Ch. 108 1/2, par. 5-167.2)
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7 | Sec. 5-167.2. Retirement before September 1, 1967. A | ||||||
8 | retired
policeman, qualifying for minimum annuity or who | ||||||
9 | retired from service
with 20 or more years of service, before | ||||||
10 | September 1, 1967, shall, in
January of the year following the | ||||||
11 | year he attains the age of 65, or in
January of the year 1970, | ||||||
12 | if then more than 65 years of age, have his
then fixed and | ||||||
13 | payable monthly annuity increased by an amount equal to
2% of | ||||||
14 | the original grant of annuity, for each year the policeman was | ||||||
15 | in
receipt of annuity payments after the year in which he | ||||||
16 | attains, or did
attain the age of 63. An additional 2% increase | ||||||
17 | in such then fixed and
payable original granted annuity shall | ||||||
18 | accrue in each January thereafter.
Beginning January 1, 1986, | ||||||
19 | the rate of such increase shall be 3% instead of 2%.
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20 | The provisions of the preceding paragraph of this Section | ||||||
21 | apply only to
a retired policeman eligible for such increases | ||||||
22 | in his annuity who contributes
to the Fund a sum equal to $5 | ||||||
23 | for each full year of credited service upon
which his annuity |
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1 | was computed. All such sums contributed shall be placed
in a | ||||||
2 | Supplementary Payment Reserve and shall be used for the | ||||||
3 | purposes of
such Fund account.
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4 | Beginning with the monthly annuity payment due in July, | ||||||
5 | 1982, the fixed
and granted monthly annuity payment for any | ||||||
6 | policeman who retired from the
service, before September 1, | ||||||
7 | 1976, at age 50 or over with 20 or more years
of service and | ||||||
8 | entitled to an annuity on January 1, 1974, shall be not less
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9 | than $400. It is the intent of the General Assembly that the | ||||||
10 | change made in
this Section by this amendatory Act of 1982 | ||||||
11 | shall apply retroactively to July
1, 1982.
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12 | Beginning with the monthly annuity payment due on January | ||||||
13 | 1, 1986, the
fixed and granted monthly annuity payment for any | ||||||
14 | policeman who retired
from the service before January 1, 1986, | ||||||
15 | at age 50 or over with 20 or more
years of service, or any | ||||||
16 | policeman who retired from service due to
termination of | ||||||
17 | disability and who is entitled to an annuity on January 1,
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18 | 1986, shall be not less than $475.
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19 | Beginning with the monthly annuity payment due on January | ||||||
20 | 1, 1992, the
fixed and granted monthly annuity payment for any | ||||||
21 | policeman who retired
from the service before January 1, 1992, | ||||||
22 | at age 50 or over with 20 or more
years of service, and for any | ||||||
23 | policeman who retired from service due to
termination of | ||||||
24 | disability and who is entitled to an annuity on January 1,
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25 | 1992, shall be not less than $650.
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26 | Beginning with the monthly annuity payment due on January |
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1 | 1, 1993, the
fixed and granted monthly annuity payment for any | ||||||
2 | policeman who retired
from the service before January 1, 1993, | ||||||
3 | at age 50 or over with 20 or more
years of service, and for any | ||||||
4 | policeman who retired from service due to
termination of | ||||||
5 | disability and who is entitled to an annuity on January 1,
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6 | 1993, shall be not less than $750.
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7 | Beginning with the monthly annuity payment due on January | ||||||
8 | 1, 1994, the
fixed and granted monthly annuity payment for any | ||||||
9 | policeman who retired
from the service before January 1, 1994, | ||||||
10 | at age 50 or over with 20 or more
years of service, and for any | ||||||
11 | policeman who retired from service due to
termination of | ||||||
12 | disability and who is entitled to an annuity on January 1,
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13 | 1994, shall be not less than $850.
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14 | Beginning with the monthly annuity payment due on January | ||||||
15 | 1, 2004, the
fixed and granted monthly annuity payment for any | ||||||
16 | policeman who retired
from the service before January 1, 2004, | ||||||
17 | at age 50 or over with 20 or more
years of service, and for any | ||||||
18 | policeman who retired from service due to
termination of | ||||||
19 | disability and who is entitled to an annuity on January 1,
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20 | 2004, shall be not less than $950.
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21 | Beginning with the monthly annuity payment due on January | ||||||
22 | 1, 2005, the
fixed and granted monthly annuity payment for any | ||||||
23 | policeman who retired
from the service before January 1, 2005, | ||||||
24 | at age 50 or over with 20 or more
years of service, and for any | ||||||
25 | policeman who retired from service due to
termination of | ||||||
26 | disability and who is entitled to an annuity on January 1,
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1 | 2005, shall be not less than $1,050.
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2 | Beginning with the monthly annuity payment due on January | ||||||
3 | 1, 2016, the fixed and granted monthly annuity payment for any | ||||||
4 | policeman who retired from the service before January 1, 2016, | ||||||
5 | at age 50 or over with 20 or more years of service, and for any | ||||||
6 | policeman who retired from service due to termination of | ||||||
7 | disability and who is entitled to an annuity on January 1, | ||||||
8 | 2016, shall be no less than 125% of the Federal Poverty Level. | ||||||
9 | Beginning with the monthly annuity payment due on January | ||||||
10 | 1, 2019, the fixed and granted monthly annuity payment for any | ||||||
11 | policeman who retired from the service before January 1, 2019, | ||||||
12 | at age 50 or over with 20 or more years of service, and for any | ||||||
13 | policeman who retired from service due to termination of | ||||||
14 | disability and who is entitled to an annuity on January 1, | ||||||
15 | 2019, shall be no less than 150% of the Federal Poverty Level. | ||||||
16 | For purposes of this Section, the "Federal Poverty Level" | ||||||
17 | shall be determined pursuant to the poverty guidelines updated | ||||||
18 | periodically in the Federal Register by the United States | ||||||
19 | Department of Health and Human Services under the authority of | ||||||
20 | 42 U.S.C. 9902(2). | ||||||
21 | The difference in amount between the original fixed and | ||||||
22 | granted monthly
annuity of any such policeman on the date of | ||||||
23 | his retirement from the service
and the monthly annuity | ||||||
24 | provided for in the immediately
preceding paragraph shall be | ||||||
25 | paid as a supplement in the manner set forth
in the immediately | ||||||
26 | following paragraph.
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1 | To defray the annual cost of the increases indicated in the | ||||||
2 | preceding
part of this Section, the annual interest income | ||||||
3 | accruing from
investments held by this Fund, exclusive of gains | ||||||
4 | or losses on sales
or exchanges of assets during the year, over | ||||||
5 | and above 4% a year shall
be used to the extent necessary and | ||||||
6 | available to finance the cost of
such increases for the | ||||||
7 | following year and such amount shall be
transferred as of the | ||||||
8 | end of each year beginning with the year 1969 to a
Fund account | ||||||
9 | designated as the Supplementary Payment Reserve from the
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10 | Interest and Investment Reserve set forth in Section 5-207.
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11 | In the event the funds in the Supplementary Payment Reserve | ||||||
12 | in any year
arising from: (1) the interest income accruing in | ||||||
13 | the preceding year above 4%
a year and (2) the contributions by | ||||||
14 | retired persons are insufficient to
make the total payments to | ||||||
15 | all persons entitled
to the annuity specified in this Section | ||||||
16 | and (3) any interest
earnings over 4% a year beginning with the | ||||||
17 | year 1969 which were not
previously used to finance such | ||||||
18 | increases and which were transferred
to the Prior Service | ||||||
19 | Annuity Reserve, may be used to the extent necessary
and | ||||||
20 | available to provide sufficient funds to finance such increases
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21 | for the current year and such sums shall be transferred from | ||||||
22 | the Prior
Service Annuity Reserve. In the event the total money | ||||||
23 | available in
the Supplementary Payment Reserve from such | ||||||
24 | sources are insufficient
to make the total payments to all | ||||||
25 | persons entitled to such increases
for the year, a | ||||||
26 | proportionate amount computed as the ratio of the
money |
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1 | available to the total of the total payments specified for that
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2 | year shall be paid to each person for that year.
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3 | The Fund shall be obligated for the payment of the | ||||||
4 | increases in
annuity as provided for in this Section only to | ||||||
5 | the extent that the
assets for such purpose are available.
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6 | (Source: P.A. 99-506, eff. 5-30-16.)
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7 | (40 ILCS 5/5-167.4)
(from Ch. 108 1/2, par. 5-167.4)
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8 | Sec. 5-167.4. Widow annuitant minimum annuity.
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9 | (a) Notwithstanding any other provision of this Article, | ||||||
10 | beginning
January 1, 1996, the minimum amount of widow's | ||||||
11 | annuity payable to any person
who is entitled to receive a | ||||||
12 | widow's annuity under this Article is $700 per
month, without | ||||||
13 | regard to whether the deceased policeman is in service on or
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14 | after the effective date of this amendatory Act of 1995.
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15 | Notwithstanding any other provision of this Article, | ||||||
16 | beginning
January 1, 1999, the minimum amount of widow's | ||||||
17 | annuity payable to any person
who is entitled to receive a | ||||||
18 | widow's annuity under this Article is $800 per
month, without | ||||||
19 | regard to whether the deceased policeman is in service on or
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20 | after the effective date of this amendatory Act of 1998.
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21 | Notwithstanding any other provision of this Article, | ||||||
22 | beginning
January 1, 2004, the minimum amount of widow's | ||||||
23 | annuity payable to any person
who is entitled to receive a | ||||||
24 | widow's annuity under this Article is $900 per
month, without | ||||||
25 | regard to whether the deceased policeman is in service on or
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1 | after the effective date of this amendatory Act of the 93rd | ||||||
2 | General Assembly.
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3 | Notwithstanding any other provision of this Article, | ||||||
4 | beginning
January 1, 2005, the minimum amount of widow's | ||||||
5 | annuity payable to any person
who is entitled to receive a | ||||||
6 | widow's annuity under this Article is $1,000 per
month, without | ||||||
7 | regard to whether the deceased policeman is in service on or
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8 | after the effective date of this amendatory Act of the 93rd | ||||||
9 | General Assembly.
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10 | (b) Effective January 1, 1994, the minimum amount of | ||||||
11 | widow's annuity
shall be $700 per month for the following | ||||||
12 | classes of widows, without regard to
whether the deceased | ||||||
13 | policeman is in service on or after the effective date of
this | ||||||
14 | amendatory Act of 1993: (1) the widow of a policeman who dies | ||||||
15 | in service
with at least 10 years of service credit, or who | ||||||
16 | dies in service after June 30,
1981; and (2) the widow of a | ||||||
17 | policeman who withdraws from service with 20 or
more years of | ||||||
18 | service credit and does not withdraw a refund, provided that | ||||||
19 | the
widow is married to the policeman before he withdraws from | ||||||
20 | service.
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21 | (b-5) Notwithstanding any other provision of this Article, | ||||||
22 | beginning January 1, 2017, the minimum widow's annuity under | ||||||
23 | this Article shall be no less than 125% of the Federal Poverty | ||||||
24 | Level for all persons receiving widow's annuities on or after | ||||||
25 | that date, without regard to whether the deceased policeman is | ||||||
26 | in service on or after the effective date of this amendatory |
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1 | Act of the 99th General Assembly. Notwithstanding any other | ||||||
2 | provision of this Article, beginning January 1, 2019, the | ||||||
3 | minimum widow's annuity under this Article shall be no less | ||||||
4 | than 150% of the Federal Poverty Level for all persons | ||||||
5 | receiving widow's annuities on or after that date, without | ||||||
6 | regard to whether the deceased policeman is in service on or | ||||||
7 | after the effective date of this amendatory Act of the 100th | ||||||
8 | General Assembly. For purposes of this Section, "Federal | ||||||
9 | Poverty Level" means the poverty guidelines applicable to an | ||||||
10 | individual in a single-person household located in Illinois, as | ||||||
11 | updated periodically in the Federal Register by the United | ||||||
12 | States Department of Health and Human Services under the | ||||||
13 | authority of 42 U.S.C. 9902(2). | ||||||
14 | (c) The city, in addition to the contributions otherwise | ||||||
15 | made by it
under the other provisions of this Article, shall | ||||||
16 | make such contributions
as are necessary for the minimum | ||||||
17 | widow's annuities provided under
this Section in the manner | ||||||
18 | prescribed in Section 5-175.
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19 | (Source: P.A. 99-905, eff. 11-29-16.)
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20 | (40 ILCS 5/6-128.2)
(from Ch. 108 1/2, par. 6-128.2)
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21 | Sec. 6-128.2. Minimum retirement annuities.
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22 | (a) Beginning with the monthly payment due in January, | ||||||
23 | 1988, the monthly
annuity payment for any person who is | ||||||
24 | entitled to receive a retirement
annuity under this Article in | ||||||
25 | January, 1990 and has retired from service at
age 50 or over |
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1 | with 20 or more years of service, and for any person who
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2 | retires from service on or after January 24, 1990 at age 50 or | ||||||
3 | over
with 20 or more years of service, shall not be less than | ||||||
4 | $475 per month.
The $475 minimum annuity is exclusive of any | ||||||
5 | automatic annual increases
provided by Sections 6-164 and | ||||||
6 | 6-164.1, but not exclusive of previous
raises in the minimum | ||||||
7 | annuity as provided by any Section of this Article.
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8 | Beginning January 1, 1992, the minimum retirement annuity | ||||||
9 | payable to
any person who has retired from service at age 50 or | ||||||
10 | over with 20 or more
years of service and is entitled to | ||||||
11 | receive a retirement annuity under this
Article on that date, | ||||||
12 | or who retires from service at age 50 or over with 20
or more | ||||||
13 | years of service after that date, shall be $650 per month.
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14 | Beginning January 1, 1993, the minimum retirement annuity | ||||||
15 | payable to
any person who has retired from service at age 50 or | ||||||
16 | over with 20 or more
years of service and is entitled to | ||||||
17 | receive a retirement annuity under this
Article on that date, | ||||||
18 | or who retires from service at age 50 or over with 20
or more | ||||||
19 | years of service after that date, shall be $750 per month.
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20 | Beginning January 1, 1994, the minimum retirement annuity | ||||||
21 | payable to
any person who has retired from service at age 50 or | ||||||
22 | over with 20 or more
years of service and is entitled to | ||||||
23 | receive a retirement annuity under this
Article on that date, | ||||||
24 | or who retires from service at age 50 or over with 20
or more | ||||||
25 | years of service after that date, shall be $850 per month.
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26 | Beginning January 1, 2004, the minimum retirement annuity |
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1 | payable to any
person who has retired from service at age 50 or | ||||||
2 | over with 20 or more years of
service and is entitled to | ||||||
3 | receive a retirement annuity under this Article on
that date, | ||||||
4 | or who retires from service at age 50 or over with 20 or more | ||||||
5 | years
of service after that date, shall be $950 per month.
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6 | Beginning January 1, 2005, the minimum retirement annuity | ||||||
7 | payable to any
person who has retired from service at age 50 or | ||||||
8 | over with 20 or more years of
service and is entitled to | ||||||
9 | receive a retirement annuity under this Article on
that date, | ||||||
10 | or who retires from service at age 50 or over with 20 or more | ||||||
11 | years
of service after that date, shall be $1,050 per month.
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12 | Beginning January 1, 2016, the minimum retirement annuity | ||||||
13 | payable to any person who has retired from service at age 50 or | ||||||
14 | over with 20 or more years of service and is entitled to | ||||||
15 | receive a retirement annuity under this Article on that date, | ||||||
16 | or who retires from service at age 50 or over with 20 or more | ||||||
17 | years of service after that date, shall be no less than 125% of | ||||||
18 | the Federal Poverty Level. | ||||||
19 | Beginning January 1, 2019, the minimum retirement annuity | ||||||
20 | payable to any person who has retired from service at age 50 or | ||||||
21 | over with 20 or more years of service and is entitled to | ||||||
22 | receive a retirement annuity under this Article on that date, | ||||||
23 | or who retires from service at age 50 or over with 20 or more | ||||||
24 | years of service after that date, shall be no less than 150% of | ||||||
25 | the Federal Poverty Level. | ||||||
26 | For purposes of this Section, the "Federal Poverty Level" |
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1 | shall be determined pursuant to the poverty guidelines updated | ||||||
2 | periodically in the Federal Register by the United States | ||||||
3 | Department of Health and Human Services under the authority of | ||||||
4 | 42 U.S.C. 9902(2). | ||||||
5 | The minimum annuities established by this subsection (a) do | ||||||
6 | include
previous raises in the minimum annuity as provided by | ||||||
7 | any Section of this
Article, but do not include any sums which | ||||||
8 | have been added or will be added
to annuity payments by the | ||||||
9 | automatic annual increases provided by Sections
6-164 and | ||||||
10 | 6-164.1. Such annual increases shall be paid in addition to the
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11 | minimum amounts specified in this subsection.
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12 | (b) Notwithstanding any other provision of this Article, | ||||||
13 | beginning
January 1, 1990, the minimum retirement annuity | ||||||
14 | payable to any person who
is entitled to receive a retirement | ||||||
15 | annuity under this Article on that date
shall be $475 per | ||||||
16 | month.
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17 | (c) The changes made to this Section by this amendatory Act | ||||||
18 | of the
93rd General Assembly apply to all persons receiving a | ||||||
19 | retirement
annuity under this Article, without regard to | ||||||
20 | whether the retirement of the
fireman occurred prior to the | ||||||
21 | effective date of this amendatory Act.
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22 | (Source: P.A. 99-506, eff. 5-30-16.)
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23 | (40 ILCS 5/6-128.4)
(from Ch. 108 1/2, par. 6-128.4)
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24 | Sec. 6-128.4. Minimum widow's annuities.
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25 | (a) Notwithstanding any other provision of this Article, |
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1 | beginning
January 1, 1996, the minimum amount of widow's | ||||||
2 | annuity payable to any person
who is entitled to receive a | ||||||
3 | widow's annuity under this Article is $700 per
month, without | ||||||
4 | regard to whether the deceased fireman is in service on or | ||||||
5 | after
the effective date of this amendatory Act of 1995.
| ||||||
6 | (b) Notwithstanding Section 6-128.3, beginning January 1, | ||||||
7 | 1994, the
minimum widow's annuity under this Article shall be | ||||||
8 | $700 per month for (1) all
persons receiving widow's annuities | ||||||
9 | on that date who are survivors of employees
who retired at age | ||||||
10 | 50 or over with at least 20 years of service, and (2)
persons | ||||||
11 | who become eligible for widow's annuities and are survivors of
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12 | employees who retired at age 50 or over with at least 20 years | ||||||
13 | of service.
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14 | (c) Notwithstanding Section 6-128.3, beginning January 1, | ||||||
15 | 1999, the
minimum widow's annuity under this Article shall be | ||||||
16 | $800 per month for (1) all
persons receiving widow's annuities | ||||||
17 | on that date who are survivors of employees
who retired at age | ||||||
18 | 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
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20 | employees who retired at age 50 or over with at least 20 years | ||||||
21 | of service.
| ||||||
22 | (d) Notwithstanding Section 6-128.3, beginning January 1, | ||||||
23 | 2004, the
minimum widow's annuity under this Article shall be | ||||||
24 | $900 per month for all
persons receiving widow's annuities on | ||||||
25 | or after that date, without regard to
whether the deceased | ||||||
26 | fireman is in service on or after the effective date of
this |
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1 | amendatory Act of the 93rd General Assembly.
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2 | (e) Notwithstanding Section 6-128.3, beginning January 1, | ||||||
3 | 2005, the
minimum widow's annuity under this Article shall be | ||||||
4 | $1,000 per month for all
persons receiving widow's annuities on | ||||||
5 | or after that date, without regard to
whether the deceased | ||||||
6 | fireman is in service on or after the effective date of
this | ||||||
7 | amendatory Act of the 93rd General Assembly.
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8 | (f) Notwithstanding Section 6-128.3, beginning January 1, | ||||||
9 | 2017, the minimum widow's annuity under this Article shall be | ||||||
10 | no less than 125% of the Federal Poverty Level for all persons | ||||||
11 | receiving widow's annuities on or after that date, without | ||||||
12 | regard to whether the deceased fireman is in service on or | ||||||
13 | after the effective date of this amendatory Act of the 99th | ||||||
14 | General Assembly. | ||||||
15 | (g) Notwithstanding Section 6-128.3, beginning January 1, | ||||||
16 | 2019, the minimum widow's annuity under this Article shall be | ||||||
17 | no less than 150% of the Federal Poverty Level for all persons | ||||||
18 | receiving widow's annuities on or after that date, without | ||||||
19 | regard to whether the deceased fireman is in service on or | ||||||
20 | after the effective date of this amendatory Act of the 100th | ||||||
21 | General Assembly. | ||||||
22 | (h) For purposes of this Section, "Federal Poverty Level" | ||||||
23 | means the poverty guidelines applicable to an individual in a | ||||||
24 | single-person household located in Illinois, as updated | ||||||
25 | periodically in the Federal Register by the United States | ||||||
26 | Department of Health and Human Services under the authority of |
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1 | 42 U.S.C. 9902(2). | ||||||
2 | (Source: P.A. 99-905, eff. 11-29-16.)
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3 | Section 90. The State Mandates Act is amended by adding | ||||||
4 | Section 8.42 as follows:
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5 | (30 ILCS 805/8.42 new) | ||||||
6 | Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
7 | of this Act, no reimbursement by the State is required for the | ||||||
8 | implementation of any mandate created by this amendatory Act of | ||||||
9 | the 100th General Assembly.
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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