4 | | - | AN ACT concerning public employee benefits. |
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5 | | - | Be it enacted by the People of the State of Illinois, |
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6 | | - | represented in the General Assembly: |
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7 | | - | Section 5. The Illinois Pension Code is amended by |
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8 | | - | changing Section 6-229 as follows: |
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9 | | - | (40 ILCS 5/6-229) |
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10 | | - | Sec. 6-229. Provisions applicable to new hires; Tier 2. |
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11 | | - | (a) Notwithstanding any other provision of this Article, |
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12 | | - | the provisions of this Section apply to a person who first |
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13 | | - | becomes a fireman under this Article on or after January 1, |
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14 | | - | 2011, and to certain qualified survivors of such a fireman. |
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15 | | - | Such persons, and the benefits and restrictions that apply |
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16 | | - | specifically to them under this Article, may be referred to as |
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17 | | - | "Tier 2". |
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18 | | - | (b) A fireman who has withdrawn from service, has attained |
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19 | | - | age 50 or more, and has 10 or more years of service in that |
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20 | | - | capacity shall be entitled, upon proper application being |
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21 | | - | received by the Fund, to receive a Tier 2 monthly retirement |
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22 | | - | annuity for his service as a fireman. The Tier 2 monthly |
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23 | | - | retirement annuity shall be computed by multiplying 2.5% for |
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24 | | - | each year of such service by his or her final average salary, |
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25 | | - | subject to an annuity reduction factor of one-half of 1% for |
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26 | | - | each month that the fireman's age at retirement is under age |
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| 3 | + | 1 AN ACT concerning public employee benefits. |
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| 4 | + | 2 Be it enacted by the People of the State of Illinois, |
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| 5 | + | 3 represented in the General Assembly: |
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| 6 | + | 4 Section 5. The Illinois Pension Code is amended by |
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| 7 | + | 5 changing Section 6-229 as follows: |
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| 8 | + | 6 (40 ILCS 5/6-229) |
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| 9 | + | 7 Sec. 6-229. Provisions applicable to new hires; Tier 2. |
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| 10 | + | 8 (a) Notwithstanding any other provision of this Article, |
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| 11 | + | 9 the provisions of this Section apply to a person who first |
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| 12 | + | 10 becomes a fireman under this Article on or after January 1, |
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| 13 | + | 11 2011, and to certain qualified survivors of such a fireman. |
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| 14 | + | 12 Such persons, and the benefits and restrictions that apply |
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| 15 | + | 13 specifically to them under this Article, may be referred to as |
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| 16 | + | 14 "Tier 2". |
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| 17 | + | 15 (b) A fireman who has withdrawn from service, has attained |
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| 18 | + | 16 age 50 or more, and has 10 or more years of service in that |
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| 19 | + | 17 capacity shall be entitled, upon proper application being |
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| 20 | + | 18 received by the Fund, to receive a Tier 2 monthly retirement |
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| 21 | + | 19 annuity for his service as a fireman. The Tier 2 monthly |
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| 22 | + | 20 retirement annuity shall be computed by multiplying 2.5% for |
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| 23 | + | 21 each year of such service by his or her final average salary, |
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| 24 | + | 22 subject to an annuity reduction factor of one-half of 1% for |
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| 25 | + | 23 each month that the fireman's age at retirement is under age |
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33 | | - | 55. The Tier 2 monthly retirement annuity is in lieu of any age |
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34 | | - | and service annuity or other form of retirement annuity under |
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35 | | - | this Article. |
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36 | | - | The maximum retirement annuity under this subsection (b) |
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37 | | - | shall be 75% of final average salary. |
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38 | | - | For the purposes of this subsection (b), "final average |
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39 | | - | salary" means the greater of (1) the average monthly salary |
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40 | | - | obtained by dividing the total salary of the fireman during |
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41 | | - | the 96 consecutive months of service within the last 120 |
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42 | | - | months of service in which the total salary was the highest by |
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43 | | - | the number of months of service in that period or (2) the |
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44 | | - | average monthly salary obtained by dividing the total salary |
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45 | | - | of the fireman during the 48 consecutive months of service |
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46 | | - | within the last 60 months of service in which the total salary |
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47 | | - | was the highest by the number of months of service in that |
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48 | | - | period. |
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49 | | - | Beginning on January 1, 2011, for all purposes under this |
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50 | | - | Code (including without limitation the calculation of benefits |
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51 | | - | and employee contributions), the annual salary based on the |
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52 | | - | plan year of a member or participant to whom this Section |
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53 | | - | applies shall not exceed $106,800; however, that amount shall |
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54 | | - | annually thereafter be increased by the lesser of (i) 3% of |
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55 | | - | that amount, including all previous adjustments, or (ii) |
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56 | | - | one-half the annual unadjusted percentage increase (but not |
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57 | | - | less than zero) in the consumer price index-u for the 12 months |
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58 | | - | ending with the September preceding each November 1, including |
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| 34 | + | 1 55. The Tier 2 monthly retirement annuity is in lieu of any age |
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| 35 | + | 2 and service annuity or other form of retirement annuity under |
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| 36 | + | 3 this Article. |
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| 37 | + | 4 The maximum retirement annuity under this subsection (b) |
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| 38 | + | 5 shall be 75% of final average salary. |
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| 39 | + | 6 For the purposes of this subsection (b), "final average |
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| 40 | + | 7 salary" means the greater of (1) the average monthly salary |
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| 41 | + | 8 obtained by dividing the total salary of the fireman during |
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| 42 | + | 9 the 96 consecutive months of service within the last 120 |
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| 43 | + | 10 months of service in which the total salary was the highest by |
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| 44 | + | 11 the number of months of service in that period or (2) the |
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| 45 | + | 12 average monthly salary obtained by dividing the total salary |
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| 46 | + | 13 of the fireman during the 48 consecutive months of service |
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| 47 | + | 14 within the last 60 months of service in which the total salary |
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| 48 | + | 15 was the highest by the number of months of service in that |
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| 49 | + | 16 period. |
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| 50 | + | 17 Beginning on January 1, 2011, for all purposes under this |
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| 51 | + | 18 Code (including without limitation the calculation of benefits |
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| 52 | + | 19 and employee contributions), the annual salary based on the |
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| 53 | + | 20 plan year of a member or participant to whom this Section |
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| 54 | + | 21 applies shall not exceed $106,800; however, that amount shall |
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| 55 | + | 22 annually thereafter be increased by the lesser of (i) 3% of |
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| 56 | + | 23 that amount, including all previous adjustments, or (ii) |
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| 57 | + | 24 one-half the annual unadjusted percentage increase (but not |
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| 58 | + | 25 less than zero) in the consumer price index-u for the 12 months |
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| 59 | + | 26 ending with the September preceding each November 1, including |
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117 | | - | (C) If the deceased fireman was an active fireman |
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118 | | - | with at least 1 1/2 but less than 10 years of service |
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119 | | - | at the time of death, the Tier 2 surviving spouse's |
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120 | | - | annuity under this paragraph (1) shall be in the |
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121 | | - | amount of 30% of the salary attached to the rank of |
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122 | | - | first class firefighter in the classified career |
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123 | | - | service at the time of the fireman's death. |
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124 | | - | (D) Notwithstanding subdivisions (A), (B), and (C) |
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125 | | - | of this paragraph (1), if the performance of an act or |
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126 | | - | acts of duty results directly in the death of a fireman |
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127 | | - | subject to this Section, or prevents him from |
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128 | | - | subsequently resuming active service in the fire |
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129 | | - | department, then a surviving spouse who would |
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130 | | - | otherwise meet the eligibility requirements for a |
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131 | | - | death in the line of duty widow's annuity granted |
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132 | | - | under Section 6-140 shall be deemed to be qualified |
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133 | | - | for a Tier 2 surviving spouse's annuity under this |
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134 | | - | subdivision (D); except that no such annuity shall be |
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135 | | - | paid to the surviving spouse of a fireman who dies |
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136 | | - | while in receipt of disability benefits when the |
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137 | | - | fireman's death was caused by an intervening illness |
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138 | | - | or injury unrelated to the illness or injury that had |
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139 | | - | prevented him from subsequently resuming active |
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140 | | - | service in the fire department. The Tier 2 surviving |
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141 | | - | spouse's annuity calculated under this subdivision (D) |
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142 | | - | shall be in lieu of, but in the same amount and paid in |
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| 70 | + | 1 all previous adjustments. |
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| 71 | + | 2 (b-5) For the purposes of this Section, "consumer price |
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| 72 | + | 3 index-u" means the index published by the Bureau of Labor |
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| 73 | + | 4 Statistics of the United States Department of Labor that |
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| 74 | + | 5 measures the average change in prices of goods and services |
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| 75 | + | 6 purchased by all urban consumers, United States city average, |
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| 76 | + | 7 all items, 1982-84 = 100. The new amount resulting from each |
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| 77 | + | 8 annual adjustment shall be determined by the Public Pension |
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| 78 | + | 9 Division of the Department of Insurance and made available to |
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| 79 | + | 10 the boards of the retirement systems and pension funds by |
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| 80 | + | 11 November 1 of each year. |
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| 81 | + | 12 (c) Notwithstanding any other provision of this Article, |
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| 82 | + | 13 for a person who first becomes a fireman under this Article on |
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| 83 | + | 14 or after January 1, 2011, eligibility for and the amount of the |
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| 84 | + | 15 annuity to which the qualified surviving spouse, children, and |
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| 85 | + | 16 parents of the fireman are entitled under this subsection (c) |
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| 86 | + | 17 shall be determined as follows: |
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| 87 | + | 18 (1) The surviving spouse of a deceased fireman to whom |
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| 88 | + | 19 this Section applies shall be deemed qualified to receive |
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| 89 | + | 20 a Tier 2 surviving spouse's annuity under this paragraph |
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| 90 | + | 21 (1) if: (i) the deceased fireman meets the requirements |
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| 91 | + | 22 specified under subdivision (A), (B), (C), or (D) of this |
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| 92 | + | 23 paragraph (1); and (ii) the surviving spouse would not |
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| 93 | + | 24 otherwise be excluded from receiving a widow's annuity |
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| 94 | + | 25 under the eligibility requirements for a widow's annuity |
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| 95 | + | 26 set forth in Section 6-142. The Tier 2 surviving spouse's |
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201 | | - | in lieu of, but in the same amount and paid in the same |
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202 | | - | manner as, the parent's annuity provided under Section |
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203 | | - | 6-149; except that any salary used for computing a Tier 2 |
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204 | | - | parent's annuity shall be subject to the Tier 2 salary cap |
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205 | | - | provided under subsection (b) of this Section. For the |
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206 | | - | purposes of this Section, a reference to "annuity" in |
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207 | | - | Section 6-149 includes: (i) in the context of a widow, a |
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208 | | - | Tier 2 surviving spouse's annuity and (ii) in the context |
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209 | | - | of a child, a Tier 2 child's annuity. |
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210 | | - | (d) The General Assembly finds and declares that the |
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211 | | - | provisions of this Section, as enacted by Public Act 96-1495, |
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212 | | - | require clarification relating to necessary eligibility |
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213 | | - | standards and the manner of determining and paying the |
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214 | | - | intended Tier 2 benefits and contributions in order to enable |
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215 | | - | the Fund to unambiguously implement and administer benefits |
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216 | | - | for Tier 2 members. The changes to this Section and the |
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217 | | - | conforming changes to Sections 6-150, 6-158, 6-164 (except for |
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218 | | - | the changes to subsection (a) of that Section), 6-166, and |
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219 | | - | 6-167 made by this amendatory Act of the 99th General Assembly |
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220 | | - | are enacted to clarify the provisions of this Section as |
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221 | | - | enacted by Public Act 96-1495, and are hereby declared to |
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222 | | - | represent and be consistent with the original and continuing |
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223 | | - | intent of this Section and Public Act 96-1495. |
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224 | | - | (e) The changes to Sections 6-150, 6-158, 6-164 (except |
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225 | | - | for the changes to subsection (a) of that Section), 6-166, and |
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226 | | - | 6-167 made by this amendatory Act of the 99th General Assembly |
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| 106 | + | 1 annuity is in lieu of the widow's annuity determined under |
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| 107 | + | 2 any other Section of this Article and is subject to the |
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| 108 | + | 3 requirements of Section 6-143.2. |
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| 109 | + | 4 As used in this subsection (c), "earned pension" means |
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| 110 | + | 5 a Tier 2 monthly retirement annuity determined under |
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| 111 | + | 6 subsection (b) of this Section, including any increases |
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| 112 | + | 7 the fireman had received pursuant to Section 6-164. |
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| 113 | + | 8 (A) If the deceased fireman was receiving an |
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| 114 | + | 9 earned pension at the date of his or her death, the |
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| 115 | + | 10 Tier 2 surviving spouse's annuity under this paragraph |
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| 116 | + | 11 (1) shall be in the amount of 66 2/3% of the fireman's |
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| 117 | + | 12 earned pension at the date of death. |
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| 118 | + | 13 (B) If the deceased fireman was not receiving an |
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| 119 | + | 14 earned pension but had at least 10 years of service at |
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| 120 | + | 15 the time of death, the Tier 2 surviving spouse's |
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| 121 | + | 16 annuity under this paragraph (1) shall be the greater |
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| 122 | + | 17 of: (i) 30% of the salary attached to the rank of first |
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| 123 | + | 18 class firefighter in the classified career service at |
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| 124 | + | 19 the time of the fireman's death; or (ii) 66 2/3% of the |
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| 125 | + | 20 Tier 2 monthly retirement annuity that the deceased |
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| 126 | + | 21 fireman would have been eligible to receive under |
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| 127 | + | 22 subsection (b) of this Section, based upon the actual |
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| 128 | + | 23 service accrued through the day before the fireman's |
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| 129 | + | 24 death, but determined as though the fireman was at |
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| 130 | + | 25 least age 55 on the day before his or her death and |
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| 131 | + | 26 retired on that day. |
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229 | | - | are intended to be retroactive to January 1, 2011 (the |
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230 | | - | effective date of Public Act 96-1495) and, for the purposes of |
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231 | | - | Section 1-103.1 of this Code, they apply without regard to |
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232 | | - | whether the relevant fireman was in service on or after the |
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233 | | - | effective date of this amendatory Act of the 99th General |
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234 | | - | Assembly. |
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235 | | - | (Source: P.A. 99-905, eff. 11-29-16.) |
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236 | | - | Section 90. The State Mandates Act is amended by adding |
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237 | | - | Section 8.47 as follows: |
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238 | | - | (30 ILCS 805/8.47 new) |
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239 | | - | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and |
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240 | | - | 8 of this Act, no reimbursement by the State is required for |
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241 | | - | the implementation of any mandate created by this amendatory |
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242 | | - | Act of the 103rd General Assembly. |
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243 | | - | Section 99. Effective date. This Act takes effect upon |
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244 | | - | becoming law. |
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| 142 | + | 1 (C) If the deceased fireman was an active fireman |
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| 143 | + | 2 with at least 1 1/2 but less than 10 years of service |
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| 144 | + | 3 at the time of death, the Tier 2 surviving spouse's |
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| 145 | + | 4 annuity under this paragraph (1) shall be in the |
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| 146 | + | 5 amount of 30% of the salary attached to the rank of |
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| 147 | + | 6 first class firefighter in the classified career |
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| 148 | + | 7 service at the time of the fireman's death. |
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| 149 | + | 8 (D) Notwithstanding subdivisions (A), (B), and (C) |
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| 150 | + | 9 of this paragraph (1), if the performance of an act or |
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| 151 | + | 10 acts of duty results directly in the death of a fireman |
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| 152 | + | 11 subject to this Section, or prevents him from |
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| 153 | + | 12 subsequently resuming active service in the fire |
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| 154 | + | 13 department, then a surviving spouse who would |
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| 155 | + | 14 otherwise meet the eligibility requirements for a |
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| 156 | + | 15 death in the line of duty widow's annuity granted |
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| 157 | + | 16 under Section 6-140 shall be deemed to be qualified |
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| 158 | + | 17 for a Tier 2 surviving spouse's annuity under this |
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| 159 | + | 18 subdivision (D); except that no such annuity shall be |
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| 160 | + | 19 paid to the surviving spouse of a fireman who dies |
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| 161 | + | 20 while in receipt of disability benefits when the |
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| 162 | + | 21 fireman's death was caused by an intervening illness |
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| 163 | + | 22 or injury unrelated to the illness or injury that had |
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| 164 | + | 23 prevented him from subsequently resuming active |
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| 165 | + | 24 service in the fire department. The Tier 2 surviving |
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| 166 | + | 25 spouse's annuity calculated under this subdivision (D) |
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| 167 | + | 26 shall be in lieu of, but in the same amount and paid in |
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| 178 | + | 1 the same manner as, the widow's annuity provided under |
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| 179 | + | 2 Section 6-140; except that the salary used for |
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| 180 | + | 3 computing a Tier 2 surviving spouse's annuity under |
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| 181 | + | 4 this subdivision (D) shall be subject to the Tier 2 |
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| 182 | + | 5 salary cap provided under subsection (b) of this |
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| 183 | + | 6 Section. |
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| 184 | + | 7 (E) Notwithstanding any other provision of this |
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| 185 | + | 8 Article, the monthly Tier 2 surviving spouse's annuity |
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| 186 | + | 9 under subdivision (A) or (B) of this paragraph (1) |
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| 187 | + | 10 shall be increased on the January 1 next occurring |
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| 188 | + | 11 after (i) attainment of age 60 by the recipient of the |
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| 189 | + | 12 Tier 2 surviving spouse's annuity or (ii) the first |
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| 190 | + | 13 anniversary of the Tier 2 surviving spouse's annuity |
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| 191 | + | 14 start date, whichever is later, and on each January 1 |
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| 192 | + | 15 thereafter, by 3% or one-half the annual unadjusted |
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| 193 | + | 16 percentage increase in the consumer price index-u for |
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| 194 | + | 17 the 12 months ending with September preceding each |
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| 195 | + | 18 November 1, whichever is less, of the originally |
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| 196 | + | 19 granted Tier 2 surviving spouse's annuity. If the |
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| 197 | + | 20 annual unadjusted percentage change in the consumer |
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| 198 | + | 21 price index-u for a 12-month period ending in |
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| 199 | + | 22 September is zero or, when compared with the preceding |
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| 200 | + | 23 period, decreases, then the annuity shall not be |
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| 201 | + | 24 increased. |
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| 202 | + | 25 (F) Notwithstanding the other provisions of this |
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| 203 | + | 26 paragraph (1), for a qualified surviving spouse who is |
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| 214 | + | 1 entitled to a Tier 2 surviving spouse's annuity under |
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| 215 | + | 2 subdivision (A), (B), (C), or (D) of this paragraph |
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| 216 | + | 3 (1), that Tier 2 surviving spouse's annuity shall not |
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| 217 | + | 4 be less than the amount of the minimum widow's annuity |
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| 218 | + | 5 established from time to time under Section 6-128.4. |
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| 219 | + | 6 (2) Surviving children of a deceased fireman subject |
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| 220 | + | 7 to this Section who would otherwise meet the eligibility |
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| 221 | + | 8 requirements for a child's annuity set forth in Sections |
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| 222 | + | 9 6-147 and 6-148 shall be deemed qualified to receive a |
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| 223 | + | 10 Tier 2 child's annuity under this subsection (c), which |
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| 224 | + | 11 shall be in lieu of, but in the same amount and paid in the |
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| 225 | + | 12 same manner as, the child's annuity provided under those |
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| 226 | + | 13 Sections; except that any salary used for computing a Tier |
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| 227 | + | 14 2 child's annuity shall be subject to the Tier 2 salary cap |
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| 228 | + | 15 provided under subsection (b) of this Section. For |
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| 229 | + | 16 purposes of determining any pro rata reduction in child's |
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| 230 | + | 17 annuities under this subsection (c), references in Section |
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| 231 | + | 18 6-148 to the combined annuities of the family shall be |
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| 232 | + | 19 deemed to refer to the combined Tier 2 surviving spouse's |
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| 233 | + | 20 annuity, if any, and the Tier 2 child's annuities payable |
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| 234 | + | 21 under this subsection (c). |
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| 235 | + | 22 (3) Surviving parents of a deceased fireman subject to |
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| 236 | + | 23 this Section who would otherwise meet the eligibility |
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| 237 | + | 24 requirements for a parent's annuity set forth in Section |
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| 238 | + | 25 6-149 shall be deemed qualified to receive a Tier 2 |
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| 239 | + | 26 parent's annuity under this subsection (c), which shall be |
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| 240 | + | |
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| 250 | + | 1 in lieu of, but in the same amount and paid in the same |
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| 251 | + | 2 manner as, the parent's annuity provided under Section |
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| 252 | + | 3 6-149; except that any salary used for computing a Tier 2 |
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| 253 | + | 4 parent's annuity shall be subject to the Tier 2 salary cap |
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| 254 | + | 5 provided under subsection (b) of this Section. For the |
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| 255 | + | 6 purposes of this Section, a reference to "annuity" in |
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| 256 | + | 7 Section 6-149 includes: (i) in the context of a widow, a |
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| 257 | + | 8 Tier 2 surviving spouse's annuity and (ii) in the context |
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| 258 | + | 9 of a child, a Tier 2 child's annuity. |
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| 259 | + | 10 (d) The General Assembly finds and declares that the |
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| 260 | + | 11 provisions of this Section, as enacted by Public Act 96-1495, |
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| 261 | + | 12 require clarification relating to necessary eligibility |
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| 262 | + | 13 standards and the manner of determining and paying the |
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| 263 | + | 14 intended Tier 2 benefits and contributions in order to enable |
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| 264 | + | 15 the Fund to unambiguously implement and administer benefits |
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| 265 | + | 16 for Tier 2 members. The changes to this Section and the |
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| 266 | + | 17 conforming changes to Sections 6-150, 6-158, 6-164 (except for |
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| 267 | + | 18 the changes to subsection (a) of that Section), 6-166, and |
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| 268 | + | 19 6-167 made by this amendatory Act of the 99th General Assembly |
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| 269 | + | 20 are enacted to clarify the provisions of this Section as |
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| 270 | + | 21 enacted by Public Act 96-1495, and are hereby declared to |
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| 271 | + | 22 represent and be consistent with the original and continuing |
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| 272 | + | 23 intent of this Section and Public Act 96-1495. |
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| 273 | + | 24 (e) The changes to Sections 6-150, 6-158, 6-164 (except |
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| 274 | + | 25 for the changes to subsection (a) of that Section), 6-166, and |
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| 275 | + | 26 6-167 made by this amendatory Act of the 99th General Assembly |
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| 276 | + | |
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| 277 | + | |
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| 278 | + | |
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| 279 | + | |
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| 280 | + | |
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| 281 | + | SB1629 Enrolled - 8 - LRB103 27800 RPS 54178 b |
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| 282 | + | |
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| 283 | + | |
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| 284 | + | SB1629 Enrolled- 9 -LRB103 27800 RPS 54178 b SB1629 Enrolled - 9 - LRB103 27800 RPS 54178 b |
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| 285 | + | SB1629 Enrolled - 9 - LRB103 27800 RPS 54178 b |
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| 286 | + | 1 are intended to be retroactive to January 1, 2011 (the |
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| 287 | + | 2 effective date of Public Act 96-1495) and, for the purposes of |
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| 288 | + | 3 Section 1-103.1 of this Code, they apply without regard to |
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| 289 | + | 4 whether the relevant fireman was in service on or after the |
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| 290 | + | 5 effective date of this amendatory Act of the 99th General |
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| 291 | + | 6 Assembly. |
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| 292 | + | 7 (Source: P.A. 99-905, eff. 11-29-16.) |
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| 293 | + | 8 Section 90. The State Mandates Act is amended by adding |
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| 294 | + | 9 Section 8.47 as follows: |
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| 295 | + | 10 (30 ILCS 805/8.47 new) |
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| 296 | + | 11 Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and |
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| 297 | + | 12 8 of this Act, no reimbursement by the State is required for |
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| 298 | + | 13 the implementation of any mandate created by this amendatory |
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| 299 | + | 14 Act of the 103rd General Assembly. |
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| 300 | + | 15 Section 99. Effective date. This Act takes effect upon |
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| 301 | + | 16 becoming law. |
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| 302 | + | |
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| 303 | + | |
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| 304 | + | |
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| 305 | + | |
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| 306 | + | |
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| 307 | + | SB1629 Enrolled - 9 - LRB103 27800 RPS 54178 b |
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