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Full Text of SB1892
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SB1892 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1892
Introduced 2/6/2025, by Sen. Robert F. Martwick
SYNOPSIS AS INTRODUCED:
40 ILCS 5/5-136.1
from Ch. 108 1/2, par. 5-136.1
40 ILCS 5/6-141.1
from Ch. 108 1/2, par. 6-141.1
30 ILCS 805/8.49 new
Amends the Chicago Police and Chicago Firefighter Articles of the
Illinois Pension Code. Provides that a widow's annuity shall be equal to 66
2/3%(instead of 50%) of the retirement annuity the deceased policeman or
fireman was receiving at the time of death or 66 2/3% (instead of 50%) of
the retirement annuity the policeman or fireman would have been eligible
for if the policeman or fireman retired from service on the day before the
policeman's or fireman's death. Amends the State Mandates Act to require
implementation without reimbursement.
LRB104 11131 RPS 21213 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY
A BILL FOR
SB1892
LRB104 11131 RPS 21213 b
1
AN ACT concerning public employee benefits.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Pension Code is amended by
5
changing Sections 5-136.1 and 6-141.1 as follows:
6
(40 ILCS 5/5-136.1)
(from Ch. 108 1/2, par. 5-136.1)
7
Sec. 5-136.1.
(a) Notwithstanding the other provisions of
8
this Article, the widow of a policeman (1) who retires on or
9
after January 1, 1986, and subsequently dies while receiving a
10
retirement annuity, or (2) dies on or after January 1, 1991
11
while receiving a retirement annuity without regard to the
12
date of retirement, or (3) dies after December 31, 1985, while
13
an active policeman with at least 1 1/2 years of creditable
14
service, may in lieu of any other widow's annuity have the
15
amount of widow's annuity calculated in accordance with this
16
Section.
17
(b) If the deceased policeman was an active policeman at
18
the time of his death and had at least 1 1/2 years of
19
creditable service, the widow's annuity shall be 30% of the
20
annual maximum salary attached to the classified civil service
21
position of a first class patrolman at the time of his death.
22
If such policeman dies on or after January 1, 1991, the widow's
23
annuity shall be the greater of (1) 30% of the annual maximum
SB1892
- 2 -
LRB104 11131 RPS 21213 b
1
salary attached to the classified civil service position of a
2
first class patrolman at the time of his death, or (2)
66 2/3%
3
50%
of the retirement annuity the deceased policeman would
4
have been eligible to receive if he had retired from service on
5
the day before his death. This annuity is fixed at the time of
6
the policeman's death and does not increase. This annuity
7
shall not be limited to the maximum dollar amount in effect for
8
widows' annuities at the time of the policeman's death.
9
(c) If the deceased policeman was receiving a retirement
10
annuity at the time of his death, the widow's annuity shall be
11
equal to 40% of the policeman's annuity at the time of the
12
policeman's death until December 31, 1987, and
66 2/3%
50%
of
13
such policeman's annuity thereafter. The increase in widow's
14
annuity provided by this amendatory Act of 1987 shall apply to
15
all annuities calculated under this subsection (c). This
16
annuity shall not be limited to the maximum dollar amount in
17
effect for widows' annuities at the time of the policeman's
18
death or retirement.
19
(d) This Section shall in no way limit any annuity
20
otherwise payable under this Article.
21
(e) The widow's annuity of any widow of a policeman who
22
retired on or after January 1, 1986 and died while receiving a
23
retirement annuity, which was not calculated under this
24
Section because the deceased policeman had reached age 63
25
prior to January 1, 1986, shall be recalculated, effective
26
January 1, 1991, in accordance with the provisions of this
SB1892
- 3 -
LRB104 11131 RPS 21213 b
1
Section, notwithstanding Section 1-103.1.
2
(Source: P.A. 85-964; 86-1488.)
3
(40 ILCS 5/6-141.1)
(from Ch. 108 1/2, par. 6-141.1)
4
Sec. 6-141.1.
(a) Notwithstanding the other provisions of
5
this Article, the widow of a fireman who dies on or after June
6
30, 1984, while receiving a retirement annuity or while an
7
active fireman with at least 1 1/2 years of creditable
8
service, may elect to have the amount of widow's annuity
9
calculated in accordance with this Section.
10
(b) If the deceased fireman was an active fireman at the
11
time of his death and had at least 1 1/2 years of creditable
12
service, the widow's annuity shall be the greater of (1) 30% of
13
the salary attached to the rank of first class firefighter in
14
the classified career service at the time of the fireman's
15
death, or (2)
66 2/3%
50%
of the retirement annuity the
16
deceased fireman would have been eligible to receive if he had
17
retired from service on the day before his death.
18
(c) If the deceased fireman was receiving a retirement
19
annuity at the time of his death, the widow's annuity shall be
20
equal to
66 2/3%
50%
of the amount of such retirement annuity
21
at the time of the fireman's death.
22
(Source: P.A. 84-11.)
23
Section 90.
The State Mandates Act is amended by adding
24
Section 8.49 as follows:
SB1892
- 4 -
LRB104 11131 RPS 21213 b
1
(30 ILCS 805/8.49 new)
2
Sec. 8.49.
Exempt mandate.
Notwithstanding Sections 6 and
3
8 of this Act, no reimbursement by the State is required for
4
the implementation of any mandate created by this amendatory
5
Act of the 104th General Assembly.
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