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



HB5183 EngrossedLRB100 19054 RPS 34308 b
1 AN ACT concerning public employee benefits.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by changing
5Sections 5-167.2, 5-167.4, 6-128.2, and 6-128.4 as follows:
6 (40 ILCS 5/5-167.2) (from Ch. 108 1/2, par. 5-167.2)
7 Sec. 5-167.2. Retirement before September 1, 1967. A
8retired policeman, qualifying for minimum annuity or who
9retired from service with 20 or more years of service, before
10September 1, 1967, shall, in January of the year following the
11year he attains the age of 65, or in January of the year 1970,
12if then more than 65 years of age, have his then fixed and
13payable monthly annuity increased by an amount equal to 2% of
14the original grant of annuity, for each year the policeman was
15in receipt of annuity payments after the year in which he
16attains, or did attain the age of 63. An additional 2% increase
17in such then fixed and payable original granted annuity shall
18accrue in each January thereafter. Beginning January 1, 1986,
19the rate of such increase shall be 3% instead of 2%.
20 The provisions of the preceding paragraph of this Section
21apply only to a retired policeman eligible for such increases
22in his annuity who contributes to the Fund a sum equal to $5
23for each full year of credited service upon which his annuity

HB5183 Engrossed- 2 -LRB100 19054 RPS 34308 b
1was computed. All such sums contributed shall be placed in a
2Supplementary Payment Reserve and shall be used for the
3purposes of such Fund account.
4 Beginning with the monthly annuity payment due in July,
51982, the fixed and granted monthly annuity payment for any
6policeman who retired from the service, before September 1,
71976, at age 50 or over with 20 or more years of service and
8entitled to an annuity on January 1, 1974, shall be not less
9than $400. It is the intent of the General Assembly that the
10change made in this Section by this amendatory Act of 1982
11shall apply retroactively to July 1, 1982.
12 Beginning with the monthly annuity payment due on January
131, 1986, the fixed and granted monthly annuity payment for any
14policeman who retired from the service before January 1, 1986,
15at age 50 or over with 20 or more years of service, or any
16policeman who retired from service due to termination of
17disability and who is entitled to an annuity on January 1,
181986, shall be not less than $475.
19 Beginning with the monthly annuity payment due on January
201, 1992, the fixed and granted monthly annuity payment for any
21policeman who retired from the service before January 1, 1992,
22at age 50 or over with 20 or more years of service, and for any
23policeman who retired from service due to termination of
24disability and who is entitled to an annuity on January 1,
251992, shall be not less than $650.
26 Beginning with the monthly annuity payment due on January

HB5183 Engrossed- 3 -LRB100 19054 RPS 34308 b
11, 1993, the fixed and granted monthly annuity payment for any
2policeman who retired from the service before January 1, 1993,
3at age 50 or over with 20 or more years of service, and for any
4policeman who retired from service due to termination of
5disability and who is entitled to an annuity on January 1,
61993, shall be not less than $750.
7 Beginning with the monthly annuity payment due on January
81, 1994, the fixed and granted monthly annuity payment for any
9policeman who retired from the service before January 1, 1994,
10at age 50 or over with 20 or more years of service, and for any
11policeman who retired from service due to termination of
12disability and who is entitled to an annuity on January 1,
131994, shall be not less than $850.
14 Beginning with the monthly annuity payment due on January
151, 2004, the fixed and granted monthly annuity payment for any
16policeman who retired from the service before January 1, 2004,
17at age 50 or over with 20 or more years of service, and for any
18policeman who retired from service due to termination of
19disability and who is entitled to an annuity on January 1,
202004, shall be not less than $950.
21 Beginning with the monthly annuity payment due on January
221, 2005, the fixed and granted monthly annuity payment for any
23policeman who retired from the service before January 1, 2005,
24at age 50 or over with 20 or more years of service, and for any
25policeman who retired from service due to termination of
26disability and who is entitled to an annuity on January 1,

HB5183 Engrossed- 4 -LRB100 19054 RPS 34308 b
12005, shall be not less than $1,050.
2 Beginning with the monthly annuity payment due on January
31, 2016, the fixed and granted monthly annuity payment for any
4policeman who retired from the service before January 1, 2016,
5at age 50 or over with 20 or more years of service, and for any
6policeman who retired from service due to termination of
7disability and who is entitled to an annuity on January 1,
82016, shall be no less than 125% of the Federal Poverty Level.
9 Beginning with the monthly annuity payment due on January
101, 2019, the fixed and granted monthly annuity payment for any
11policeman who retired from the service before January 1, 2019,
12at age 50 or over with 20 or more years of service, and for any
13policeman who retired from service due to termination of
14disability and who is entitled to an annuity on January 1,
152019, shall be no less than 150% of the Federal Poverty Level.
16 For purposes of this Section, the "Federal Poverty Level"
17shall be determined pursuant to the poverty guidelines updated
18periodically in the Federal Register by the United States
19Department of Health and Human Services under the authority of
2042 U.S.C. 9902(2).
21 The difference in amount between the original fixed and
22granted monthly annuity of any such policeman on the date of
23his retirement from the service and the monthly annuity
24provided for in the immediately preceding paragraph shall be
25paid as a supplement in the manner set forth in the immediately
26following paragraph.

HB5183 Engrossed- 5 -LRB100 19054 RPS 34308 b
1 To defray the annual cost of the increases indicated in the
2preceding part of this Section, the annual interest income
3accruing from investments held by this Fund, exclusive of gains
4or losses on sales or exchanges of assets during the year, over
5and above 4% a year shall be used to the extent necessary and
6available to finance the cost of such increases for the
7following year and such amount shall be transferred as of the
8end of each year beginning with the year 1969 to a Fund account
9designated as the Supplementary Payment Reserve from the
10Interest and Investment Reserve set forth in Section 5-207.
11 In the event the funds in the Supplementary Payment Reserve
12in any year arising from: (1) the interest income accruing in
13the preceding year above 4% a year and (2) the contributions by
14retired persons are insufficient to make the total payments to
15all persons entitled to the annuity specified in this Section
16and (3) any interest earnings over 4% a year beginning with the
17year 1969 which were not previously used to finance such
18increases and which were transferred to the Prior Service
19Annuity Reserve, may be used to the extent necessary and
20available to provide sufficient funds to finance such increases
21for the current year and such sums shall be transferred from
22the Prior Service Annuity Reserve. In the event the total money
23available in the Supplementary Payment Reserve from such
24sources are insufficient to make the total payments to all
25persons entitled to such increases for the year, a
26proportionate amount computed as the ratio of the money

HB5183 Engrossed- 6 -LRB100 19054 RPS 34308 b
1available to the total of the total payments specified for that
2year shall be paid to each person for that year.
3 The Fund shall be obligated for the payment of the
4increases in annuity as provided for in this Section only to
5the extent that the assets for such purpose are available.
6(Source: P.A. 99-506, eff. 5-30-16.)
7 (40 ILCS 5/5-167.4) (from Ch. 108 1/2, par. 5-167.4)
8 Sec. 5-167.4. Widow annuitant minimum annuity.
9 (a) Notwithstanding any other provision of this Article,
10beginning January 1, 1996, the minimum amount of widow's
11annuity payable to any person who is entitled to receive a
12widow's annuity under this Article is $700 per month, without
13regard to whether the deceased policeman is in service on or
14after the effective date of this amendatory Act of 1995.
15 Notwithstanding any other provision of this Article,
16beginning January 1, 1999, the minimum amount of widow's
17annuity payable to any person who is entitled to receive a
18widow's annuity under this Article is $800 per month, without
19regard to whether the deceased policeman is in service on or
20after the effective date of this amendatory Act of 1998.
21 Notwithstanding any other provision of this Article,
22beginning January 1, 2004, the minimum amount of widow's
23annuity payable to any person who is entitled to receive a
24widow's annuity under this Article is $900 per month, without
25regard to whether the deceased policeman is in service on or

HB5183 Engrossed- 7 -LRB100 19054 RPS 34308 b
1after the effective date of this amendatory Act of the 93rd
2General Assembly.
3 Notwithstanding any other provision of this Article,
4beginning January 1, 2005, the minimum amount of widow's
5annuity payable to any person who is entitled to receive a
6widow's annuity under this Article is $1,000 per month, without
7regard to whether the deceased policeman is in service on or
8after the effective date of this amendatory Act of the 93rd
9General Assembly.
10 (b) Effective January 1, 1994, the minimum amount of
11widow's annuity shall be $700 per month for the following
12classes of widows, without regard to whether the deceased
13policeman is in service on or after the effective date of this
14amendatory Act of 1993: (1) the widow of a policeman who dies
15in service with at least 10 years of service credit, or who
16dies in service after June 30, 1981; and (2) the widow of a
17policeman who withdraws from service with 20 or more years of
18service credit and does not withdraw a refund, provided that
19the widow is married to the policeman before he withdraws from
20service.
21 (b-5) Notwithstanding any other provision of this Article,
22beginning January 1, 2017, the minimum widow's annuity under
23this Article shall be no less than 125% of the Federal Poverty
24Level for all persons receiving widow's annuities on or after
25that date, without regard to whether the deceased policeman is
26in service on or after the effective date of this amendatory

HB5183 Engrossed- 8 -LRB100 19054 RPS 34308 b
1Act of the 99th General Assembly. Notwithstanding any other
2provision of this Article, beginning January 1, 2019, the
3minimum widow's annuity under this Article shall be no less
4than 150% of the Federal Poverty Level for all persons
5receiving widow's annuities on or after that date, without
6regard to whether the deceased policeman is in service on or
7after the effective date of this amendatory Act of the 100th
8General Assembly. For purposes of this Section, "Federal
9Poverty Level" means the poverty guidelines applicable to an
10individual in a single-person household located in Illinois, as
11updated periodically in the Federal Register by the United
12States Department of Health and Human Services under the
13authority of 42 U.S.C. 9902(2).
14 (c) The city, in addition to the contributions otherwise
15made by it under the other provisions of this Article, shall
16make such contributions as are necessary for the minimum
17widow's annuities provided under this Section in the manner
18prescribed in Section 5-175.
19(Source: P.A. 99-905, eff. 11-29-16.)
20 (40 ILCS 5/6-128.2) (from Ch. 108 1/2, par. 6-128.2)
21 Sec. 6-128.2. Minimum retirement annuities.
22 (a) Beginning with the monthly payment due in January,
231988, the monthly annuity payment for any person who is
24entitled to receive a retirement annuity under this Article in
25January, 1990 and has retired from service at age 50 or over

HB5183 Engrossed- 9 -LRB100 19054 RPS 34308 b
1with 20 or more years of service, and for any person who
2retires from service on or after January 24, 1990 at age 50 or
3over with 20 or more years of service, shall not be less than
4$475 per month. The $475 minimum annuity is exclusive of any
5automatic annual increases provided by Sections 6-164 and
66-164.1, but not exclusive of previous raises in the minimum
7annuity as provided by any Section of this Article.
8 Beginning January 1, 1992, the minimum retirement annuity
9payable to any person who has retired from service at age 50 or
10over with 20 or more years of service and is entitled to
11receive a retirement annuity under this Article on that date,
12or who retires from service at age 50 or over with 20 or more
13years of service after that date, shall be $650 per month.
14 Beginning January 1, 1993, the minimum retirement annuity
15payable to any person who has retired from service at age 50 or
16over with 20 or more years of service and is entitled to
17receive a retirement annuity under this Article on that date,
18or who retires from service at age 50 or over with 20 or more
19years of service after that date, shall be $750 per month.
20 Beginning January 1, 1994, the minimum retirement annuity
21payable to any person who has retired from service at age 50 or
22over with 20 or more years of service and is entitled to
23receive a retirement annuity under this Article on that date,
24or who retires from service at age 50 or over with 20 or more
25years of service after that date, shall be $850 per month.
26 Beginning January 1, 2004, the minimum retirement annuity

HB5183 Engrossed- 10 -LRB100 19054 RPS 34308 b
1payable to any person who has retired from service at age 50 or
2over with 20 or more years of service and is entitled to
3receive a retirement annuity under this Article on that date,
4or who retires from service at age 50 or over with 20 or more
5years of service after that date, shall be $950 per month.
6 Beginning January 1, 2005, the minimum retirement annuity
7payable to any person who has retired from service at age 50 or
8over with 20 or more years of service and is entitled to
9receive a retirement annuity under this Article on that date,
10or who retires from service at age 50 or over with 20 or more
11years of service after that date, shall be $1,050 per month.
12 Beginning January 1, 2016, the minimum retirement annuity
13payable to any person who has retired from service at age 50 or
14over with 20 or more years of service and is entitled to
15receive a retirement annuity under this Article on that date,
16or who retires from service at age 50 or over with 20 or more
17years of service after that date, shall be no less than 125% of
18the Federal Poverty Level.
19 Beginning January 1, 2019, the minimum retirement annuity
20payable to any person who has retired from service at age 50 or
21over with 20 or more years of service and is entitled to
22receive a retirement annuity under this Article on that date,
23or who retires from service at age 50 or over with 20 or more
24years of service after that date, shall be no less than 150% of
25the Federal Poverty Level.
26 For purposes of this Section, the "Federal Poverty Level"

HB5183 Engrossed- 11 -LRB100 19054 RPS 34308 b
1shall be determined pursuant to the poverty guidelines updated
2periodically in the Federal Register by the United States
3Department of Health and Human Services under the authority of
442 U.S.C. 9902(2).
5 The minimum annuities established by this subsection (a) do
6include previous raises in the minimum annuity as provided by
7any Section of this Article, but do not include any sums which
8have been added or will be added to annuity payments by the
9automatic annual increases provided by Sections 6-164 and
106-164.1. Such annual increases shall be paid in addition to the
11minimum amounts specified in this subsection.
12 (b) Notwithstanding any other provision of this Article,
13beginning January 1, 1990, the minimum retirement annuity
14payable to any person who is entitled to receive a retirement
15annuity under this Article on that date shall be $475 per
16month.
17 (c) The changes made to this Section by this amendatory Act
18of the 93rd General Assembly apply to all persons receiving a
19retirement annuity under this Article, without regard to
20whether the retirement of the fireman occurred prior to the
21effective date of this amendatory Act.
22(Source: P.A. 99-506, eff. 5-30-16.)
23 (40 ILCS 5/6-128.4) (from Ch. 108 1/2, par. 6-128.4)
24 Sec. 6-128.4. Minimum widow's annuities.
25 (a) Notwithstanding any other provision of this Article,

HB5183 Engrossed- 12 -LRB100 19054 RPS 34308 b
1beginning January 1, 1996, the minimum amount of widow's
2annuity payable to any person who is entitled to receive a
3widow's annuity under this Article is $700 per month, without
4regard to whether the deceased fireman is in service on or
5after the effective date of this amendatory Act of 1995.
6 (b) Notwithstanding Section 6-128.3, beginning January 1,
71994, the minimum widow's annuity under this Article shall be
8$700 per month for (1) all persons receiving widow's annuities
9on that date who are survivors of employees who retired at age
1050 or over with at least 20 years of service, and (2) persons
11who become eligible for widow's annuities and are survivors of
12employees who retired at age 50 or over with at least 20 years
13of service.
14 (c) Notwithstanding Section 6-128.3, beginning January 1,
151999, the minimum widow's annuity under this Article shall be
16$800 per month for (1) all persons receiving widow's annuities
17on that date who are survivors of employees who retired at age
1850 or over with at least 20 years of service, and (2) persons
19who become eligible for widow's annuities and are survivors of
20employees who retired at age 50 or over with at least 20 years
21of service.
22 (d) Notwithstanding Section 6-128.3, beginning January 1,
232004, the minimum widow's annuity under this Article shall be
24$900 per month for all persons receiving widow's annuities on
25or after that date, without regard to whether the deceased
26fireman is in service on or after the effective date of this

HB5183 Engrossed- 13 -LRB100 19054 RPS 34308 b
1amendatory Act of the 93rd General Assembly.
2 (e) Notwithstanding Section 6-128.3, beginning January 1,
32005, the minimum widow's annuity under this Article shall be
4$1,000 per month for all persons receiving widow's annuities on
5or after that date, without regard to whether the deceased
6fireman is in service on or after the effective date of this
7amendatory Act of the 93rd General Assembly.
8 (f) Notwithstanding Section 6-128.3, beginning January 1,
92017, the minimum widow's annuity under this Article shall be
10no less than 125% of the Federal Poverty Level for all persons
11receiving widow's annuities on or after that date, without
12regard to whether the deceased fireman is in service on or
13after the effective date of this amendatory Act of the 99th
14General Assembly.
15 (g) Notwithstanding Section 6-128.3, beginning January 1,
162019, the minimum widow's annuity under this Article shall be
17no less than 150% of the Federal Poverty Level for all persons
18receiving widow's annuities on or after that date, without
19regard to whether the deceased fireman is in service on or
20after the effective date of this amendatory Act of the 100th
21General Assembly.
22 (h) For purposes of this Section, "Federal Poverty Level"
23means the poverty guidelines applicable to an individual in a
24single-person household located in Illinois, as updated
25periodically in the Federal Register by the United States
26Department of Health and Human Services under the authority of

HB5183 Engrossed- 14 -LRB100 19054 RPS 34308 b
142 U.S.C. 9902(2).
2(Source: P.A. 99-905, eff. 11-29-16.)
3 Section 90. The State Mandates Act is amended by adding
4Section 8.42 as follows:
5 (30 ILCS 805/8.42 new)
6 Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8
7of this Act, no reimbursement by the State is required for the
8implementation of any mandate created by this amendatory Act of
9the 100th General Assembly.
10 Section 99. Effective date. This Act takes effect upon
11becoming law.
feedback