PENCD-CHI FIRE-MINIMUM ANNUITY
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HB 5183 — PENCD-CHI FIRE-MINIMUM ANNUITY
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 100th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
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.
Bill Text
What changed in the latest version
331 added · 154 removedPlain-language change summary
The recent amendments to Bill HB 5183 include changes that increase the minimum retirement annuity for certain firefighters and their widows from 125% to 150% of the federal poverty level, which will take effect on January 1, 2019. Additionally, the bill now stipulates that the state will not reimburse local governments for the costs of implementing these increases. These changes are important because they aim to provide more financial support to retired firefighters and their families, addressing concerns about their financial security in retirement.
*LRB10019054RPS34308b* HB5183 100THEngrossed GENERALLRB100 ASSEMBLY19054 StateRPS of34308 Illinoisb andAN 2018ACT HB5183concerning bypublic Rep.employee benefits.
Daniel J.
Burke SYNOPSIS AS INTRODUCED:
ILCS 5/6-128.2 from Ch.
108 1/2, par.
6-128.2 ILCS 5/6-128.4 from Ch.
108 1/2, par.
6-128.4 ILCS 805/8.42 new 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.
LRB100 19054 RPS 34308 b FISCAL NOTE ACT PENSION IMPACT STATE MANDATES MAY APPLY NOTE ACT MAY ACT MAY REQUIRE APPLY REIMBURSEMENT A BILL FOR HB5183 LRB100 19054 RPS 34308 b AN ACT concerning public employee benefits.
The Illinois Pension Code is amended by changing Sections 6-128.25-167.2, 5-167.4, 6-128.2, and 6-128.4 as follows:
(40 ILCS 5/6-128.2)5/5-167.2) (from Ch.
5-167.2) Sec.
5-167.2.
Retirement before September 1, 1967.
A retired policeman, qualifying for minimum annuity or who retired from service with 20 or more years of service, before September 1, 1967, shall, in January of the year following the year he attains the age of 65, or in January of the year 1970, if then more than 65 years of age, have his then fixed and payable monthly annuity increased by an amount equal to 2% of the original grant of annuity, for each year the policeman was in receipt of annuity payments after the year in which he attains, or did attain the age of 63.
An additional 2% increase in such then fixed and payable original granted annuity shall accrue in each January thereafter.
Beginning January 1, 1986, the rate of such increase shall be 3% instead of 2%.
The provisions of the preceding paragraph of this Section apply only to a retired policeman eligible for such increases in his annuity who contributes to the Fund a sum equal to $5 for each full year of credited service upon which his annuity HB5183 Engrossed - 2 - LRB100 19054 RPS 34308 b was computed.
All such sums contributed shall be placed in a Supplementary Payment Reserve and shall be used for the purposes of such Fund account.
Beginning with the monthly annuity payment due in July, 1982, the fixed and granted monthly annuity payment for any policeman who retired from the service, before September 1, 1976, at age 50 or over with 20 or more years of service and entitled to an annuity on January 1, 1974, shall be not less than $400.
It is the intent of the General Assembly that the change made in this Section by this amendatory Act of 1982 shall apply retroactively to July 1, 1982.
Beginning with the monthly annuity payment due on January 1, 1986, the fixed and granted monthly annuity payment for any policeman who retired from the service before January 1, 1986, at age 50 or over with 20 or more years of service, or any policeman who retired from service due to termination of disability and who is entitled to an annuity on January 1, 1986, shall be not less than $475.
Beginning with the monthly annuity payment due on January 1, 1992, the fixed and granted monthly annuity payment for any policeman who retired from the service before January 1, 1992, at age 50 or over with 20 or more years of service, and for any policeman who retired from service due to termination of disability and who is entitled to an annuity on January 1, 1992, shall be not less than $650.
Beginning with the monthly annuity payment due on January HB5183 Engrossed - 3 - LRB100 19054 RPS 34308 b 1, 1993, the fixed and granted monthly annuity payment for any policeman who retired from the service before January 1, 1993, at age 50 or over with 20 or more years of service, and for any policeman who retired from service due to termination of disability and who is entitled to an annuity on January 1, 1993, shall be not less than $750.
Beginning with the monthly annuity payment due on January 1, 1994, the fixed and granted monthly annuity payment for any policeman who retired from the service before January 1, 1994, at age 50 or over with 20 or more years of service, and for any policeman who retired from service due to termination of disability and who is entitled to an annuity on January 1, 1994, shall be not less than $850.
Beginning with the monthly annuity payment due on January 1, 2004, the fixed and granted monthly annuity payment for any policeman who retired from the service before January 1, 2004, at age 50 or over with 20 or more years of service, and for any policeman who retired from service due to termination of disability and who is entitled to an annuity on January 1, 2004, shall be not less than $950.
Beginning with the monthly annuity payment due on January 1, 2005, the fixed and granted monthly annuity payment for any policeman who retired from the service before January 1, 2005, at age 50 or over with 20 or more years of service, and for any policeman who retired from service due to termination of disability and who is entitled to an annuity on January 1, HB5183 Engrossed - 4 - LRB100 19054 RPS 34308 b 2005, shall be not less than $1,050.
Beginning with the monthly annuity payment due on January 1, 2016, the fixed and granted monthly annuity payment for any policeman who retired from the service before January 1, 2016, at age 50 or over with 20 or more years of service, and for any policeman who retired from service due to termination of disability and who is entitled to an annuity on January 1, 2016, shall be no less than 125% of the Federal Poverty Level.
Beginning with the monthly annuity payment due on January 1, 2019, the fixed and granted monthly annuity payment for any policeman who retired from the service before January 1, 2019, at age 50 or over with 20 or more years of service, and for any policeman who retired from service due to termination of disability and who is entitled to an annuity on January 1, 2019, shall be no less than 150% of the Federal Poverty Level.
For purposes of this Section, the "Federal Poverty Level" shall be determined pursuant to the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of 42 U.S.C.
9902(2).
The difference in amount between the original fixed and granted monthly annuity of any such policeman on the date of his retirement from the service and the monthly annuity provided for in the immediately preceding paragraph shall be paid as a supplement in the manner set forth in the immediately following paragraph.
HB5183 Engrossed - 5 - LRB100 19054 RPS 34308 b To defray the annual cost of the increases indicated in the preceding part of this Section, the annual interest income accruing from investments held by this Fund, exclusive of gains or losses on sales or exchanges of assets during the year, over and above 4% a year shall be used to the extent necessary and available to finance the cost of such increases for the following year and such amount shall be transferred as of the end of each year beginning with the year 1969 to a Fund account designated as the Supplementary Payment Reserve from the Interest and Investment Reserve set forth in Section 5-207.
In the event the funds in the Supplementary Payment Reserve in any year arising from:
(1) the interest income accruing in the preceding year above 4% a year and (2) the contributions by retired persons are insufficient to make the total payments to all persons entitled to the annuity specified in this Section and (3) any interest earnings over 4% a year beginning with the year 1969 which were not previously used to finance such increases and which were transferred to the Prior Service Annuity Reserve, may be used to the extent necessary and available to provide sufficient funds to finance such increases for the current year and such sums shall be transferred from the Prior Service Annuity Reserve.
In the event the total money available in the Supplementary Payment Reserve from such sources are insufficient to make the total payments to all persons entitled to such increases for the year, a proportionate amount computed as the ratio of the money HB5183 Engrossed - 6 - LRB100 19054 RPS 34308 b available to the total of the total payments specified for that year shall be paid to each person for that year.
The Fund shall be obligated for the payment of the increases in annuity as provided for in this Section only to the extent that the assets for such purpose are available.
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(Source:
P.A.
99-506, eff.
5-30-16.) (40 ILCS 5/5-167.4) (from Ch.
108 1/2, par.
5-167.4) Sec.
5-167.4.
Widow annuitant minimum annuity.
(a) Notwithstanding any other provision of this Article, beginning January 1, 1996, the minimum amount of widow's annuity payable to any person who is entitled to receive a widow's annuity under this Article is $700 per month, without regard to whether the deceased policeman is in service on or after the effective date of this amendatory Act of 1995.
Notwithstanding any other provision of this Article, beginning January 1, 1999, the minimum amount of widow's annuity payable to any person who is entitled to receive a widow's annuity under this Article is $800 per month, without regard to whether the deceased policeman is in service on or after the effective date of this amendatory Act of 1998.
Notwithstanding any other provision of this Article, beginning January 1, 2004, the minimum amount of widow's annuity payable to any person who is entitled to receive a widow's annuity under this Article is $900 per month, without regard to whether the deceased policeman is in service on or HB5183 Engrossed - 7 - LRB100 19054 RPS 34308 b after the effective date of this amendatory Act of the 93rd General Assembly.
Notwithstanding any other provision of this Article, beginning January 1, 2005, the minimum amount of widow's annuity payable to any person who is entitled to receive a widow's annuity under this Article is $1,000 per month, without regard to whether the deceased policeman is in service on or after the effective date of this amendatory Act of the 93rd General Assembly.
(b) Effective January 1, 1994, the minimum amount of widow's annuity shall be $700 per month for the following classes of widows, without regard to whether the deceased policeman is in service on or after the effective date of this amendatory Act of 1993:
(1) the widow of a policeman who dies in service with at least 10 years of service credit, or who dies in service after June 30, 1981;
and (2) the widow of a policeman who withdraws from service with 20 or more years of service credit and does not withdraw a refund, provided that the widow is married to the policeman before he withdraws from service.
(b-5) Notwithstanding any other provision of this Article, beginning January 1, 2017, the minimum widow's annuity under this Article shall be no less than 125% of the Federal Poverty Level for all persons receiving widow's annuities on or after that date, without regard to whether the deceased policeman is in service on or after the effective date of this amendatory HB5183 Engrossed - 8 - LRB100 19054 RPS 34308 b Act of the 99th General Assembly.
Notwithstanding any other provision of this Article, beginning January 1, 2019, the minimum widow's annuity under this Article shall be no less than 150% of the Federal Poverty Level for all persons receiving widow's annuities on or after that date, without regard to whether the deceased policeman is in service on or after the effective date of this amendatory Act of the 100th General Assembly.
For purposes of this Section, "Federal Poverty Level" means the poverty guidelines applicable to an individual in a single-person household located in Illinois, as updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of 42 U.S.C.
9902(2).
(c) The city, in addition to the contributions otherwise made by it under the other provisions of this Article, shall make such contributions as are necessary for the minimum widow's annuities provided under this Section in the manner prescribed in Section 5-175.
(Source:
P.A.
99-905, eff.
11-29-16.) (40 ILCS 5/6-128.2) (from Ch.
108 1/2, par.
(a) Beginning with the monthly payment due in January, 1988, the monthly annuity payment for any person who is entitled to receive a retirement annuity under this Article in January, 1990 and has retired from service at age 50 or over HB5183 Engrossed - 9 - LRB100 19054 RPS 34308 b with 20 or more years of service, and for any person who retires from service on or after January 24, 1990 at age 50 or over with 20 or more years of service, shall not be less than $475 per month.
Beginning January 1, 1992, the minimum retirement annuity payable to any person who has retired from service at age 50 or over with 20 or more years of service and is entitled to receive a retirement annuity under this Article on that date, or who retires from service at age 50 or over with 20 or more HB5183 - 2 - LRB100 19054 RPS 34308 b years of service after that date, shall be $650 per month.
Beginning January 1, 2004, the minimum retirement annuity HB5183 Engrossed - 10 - LRB100 19054 RPS 34308 b payable to any person who has retired from service at age 50 or over with 20 or more years of service and is entitled to receive a retirement annuity under this Article on that date, or who retires from service at age 50 or over with 20 or more years of service after that date, shall be $950 per month.
Beginning January 1, 2016, the minimum retirement annuity HB5183 - 3 - LRB100 19054 RPS 34308 b payable to any person who has retired from service at age 50 or over with 20 or more years of service and is entitled to receive a retirement annuity under this Article on that date, or who retires from service at age 50 or over with 20 or more years of service after that date, shall be no less than 125% of the Federal Poverty Level.
For purposes of this Section, the "Federal Poverty Level" HB5183 Engrossed - 11 - LRB100 19054 RPS 34308 b shall be determined pursuant to the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of 42 U.S.C.
(b) Notwithstanding any other provision of this Article, HB5183 - 4 - LRB100 19054 RPS 34308 b beginning January 1, 1990, the minimum retirement annuity payable to any person who is entitled to receive a retirement annuity under this Article on that date shall be $475 per month.
(a) Notwithstanding any other provision of this Article, HB5183 Engrossed - 12 - LRB100 19054 RPS 34308 b beginning January 1, 1996, the minimum amount of widow's annuity payable to any person who is entitled to receive a widow's annuity under this Article is $700 per month, without regard to whether the deceased fireman is in service on or after the effective date of this amendatory Act of 1995.
(b) Notwithstanding Section 6-128.3, beginning January 1, 1994, the minimum widow's annuity under this Article shall be $700 per month for (1) all persons receiving widow's annuities on that date who are survivors of employees who retired at age 50 or over with at least 20 years of service, and (2) persons who become eligible for widow's annuities and are survivors of employees who retired at age 50 or over with at least 20 years HB5183 - 5 - LRB100 19054 RPS 34308 b of service.
(d) Notwithstanding Section 6-128.3, beginning January 1, 2004, the minimum widow's annuity under this Article shall be $900 per month for all persons receiving widow's annuities on or after that date, without regard to whether the deceased fireman is in service on or after the effective date of this HB5183 Engrossed - 13 - LRB100 19054 RPS 34308 b amendatory Act of the 93rd General Assembly.
(f) Notwithstanding Section 6-128.3, beginning January 1, 2017, the minimum widow's annuity under this Article shall be no less than 125% of the Federal Poverty Level for all persons receiving widow's annuities on or after that date, without regard to whether the deceased fireman is in service on or HB5183 - 6 - LRB100 19054 RPS 34308 b after the effective date of this amendatory Act of the 99th General Assembly.
(h) For purposes of this Section, "Federal Poverty Level" means the poverty guidelines applicable to an individual in a single-person household located in Illinois, as updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of HB5183 Engrossed - 14 - LRB100 19054 RPS 34308 b 42 U.S.C.
This Act takes effect upon HB5183 - 7 - LRB100 19054 RPS 34308 b becoming law.
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Action History
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Session Sine Die
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Rule 19(a) / Re-referred to Rules Committee
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Third Reading - Consideration Postponed
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Placed on Calendar - Consideration Postponed
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Placed on Calendar Order of 3rd Reading - Standard Debate
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House Floor Amendment No. 3 Adopted
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House Floor Amendment No. 1 Adopted
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House Floor Amendment No. 3 Recommends Be Adopted Personnel & Pensions Committee; 009-003-000
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House Floor Amendment No. 3 Rules Refers to Personnel & Pensions Committee
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House Floor Amendment No. 1 Recommends Be Adopted Personnel & Pensions Committee; 008-004-000
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Held on Calendar Order of Second Reading - Standard Debate
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Second Reading - Standard Debate
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House Floor Amendment No. 3 Referred to Rules Committee
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House Floor Amendment No. 3 Filed with Clerk by Rep. Daniel J. Burke
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House Floor Amendment No. 2 Referred to Rules Committee
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House Floor Amendment No. 2 Filed with Clerk by Rep. Daniel J. Burke
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State Mandates Fiscal Note Filed
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House Floor Amendment No. 1 Rules Refers to Personnel & Pensions Committee
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House Floor Amendment No. 1 Referred to Rules Committee
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House Floor Amendment No. 1 Filed with Clerk by Rep. Daniel J. Burke
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Pension Note Filed
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Fiscal Note Filed
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Pension Note Requested by Rep. Tom Demmer
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State Mandates Fiscal Note Requested by Rep. Tom Demmer
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Fiscal Note Requested by Rep. Tom Demmer
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Placed on Calendar 2nd Reading - Standard Debate
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Do Pass / Standard Debate Personnel & Pensions Committee; 008-006-000
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Assigned to Personnel & Pensions Committee
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Daniel J. Burke
Sponsors
- Daniel J. Burke · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on · 1 voted No
Sponsors (0)
None.
Co-sponsors (1)
- Daniel J. Burke
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 3 | 0 | 0 | 0 |
| Unaffiliated | 6 | 3 | 0 | 2 |
| Total | 9 | 3 | 0 | 2 |
| % of votes cast | 64% | 21% | 0% | 14% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Burke, Kelly M | — | Yea |
| Burke, Daniel J | — | Yea |
| Currie, Barbara F | — | Yea |
| Chapa LaVia, Linda | — | Yea |
| McAuliffe, Michael P | — | Yea |
| Sente, Carol | — | Yea |
| Batinick, Mark | — | Nay |
| Ives, Jeanne M | — | Nay |
| Jesiel, Sheri | — | Nay |
| McSweeney, David | — | Not Voting |
| Wehrli, Grant | — | Not Voting |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Laura Fine | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 2 | 0 | 0 | 1 |
| Unaffiliated | 6 | 4 | 0 | 1 |
| Total | 8 | 4 | 0 | 2 |
| % of votes cast | 57% | 29% | 0% | 14% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Burke, Kelly M | — | Yea |
| Burke, Daniel J | — | Yea |
| Currie, Barbara F | — | Yea |
| Chapa LaVia, Linda | — | Yea |
| McAuliffe, Michael P | — | Yea |
| Zalewski, Michael J | — | Yea |
| Batinick, Mark | — | Nay |
| Jesiel, Sheri | — | Nay |
| McSweeney, David | — | Nay |
| Sente, Carol | — | Nay |
| Ives, Jeanne M | — | Not Voting |
| Carol Ammons | Democrat | Yea |
| Julie A. Morrison | Democrat | Not Voting |
| Robert F. Martwick | Democrat | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 5 | 0 | 0 |
| Democrat | 1 | 1 | 0 | 0 |
| Total | 8 | 6 | 0 | 0 |
| % of votes cast | 57% | 43% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Burke, Daniel J | — | Yea |
| Chapa LaVia, Linda | — | Yea |
| Burke, Kelly M | — | Yea |
| Drury, Scott | — | Yea |
| Currie, Barbara F | — | Yea |
| Zalewski, Michael J | — | Yea |
| Willis, Kathleen | — | Yea |
| Batinick, Mark | — | Nay |
| Jesiel, Sheri | — | Nay |
| Ives, Jeanne M | — | Nay |
| McSweeney, David | — | Nay |
| Wehrli, Grant | — | Nay |
| Julie A. Morrison | Democrat | Nay |
| Robert F. Martwick | Democrat | Yea |
Subjects
Frequently asked questions
- What does HB 5183 do?
- 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.
- Who sponsors HB 5183?
- HB 5183 is sponsored by Daniel J. Burke.
- What is the current status of HB 5183?
- This bill died with 100th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 5183?
- Track HB 5183 free on One Click Politics — get push/email alerts when it moves.
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