PENSIONS
(40 ILCS 5/) Illinois Pension Code.
(40 ILCS 5/Art. 6
heading)
ARTICLE 6.
FIREMEN'S ANNUITY AND BENEFIT FUND‑‑CITIES OVER 500,000
(40 ILCS 5/6‑101) (from Ch. 108 1/2, par. 6‑101)
Sec. 6‑101. Creation of fund.
In each city of more than 500,000 inhabitants, a
firemen's annuity and benefit fund shall be created, set apart, and maintained,
for the benefit of its firemen, their widows, children and parents, and of all
contributors to, participants in, and beneficiaries of any firemen's pension
fund in operation, by authority of law, in such city immediately prior to the
effective date. For the purposes of this Article, the firemen's annuity and
benefit fund may be referred to as the “fund”.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑102) (from Ch. 108 1/2, par. 6‑102)
Sec. 6‑102. Terms defined.
The terms used in this Article shall have the meanings
ascribed to them in Sections 6‑103 to 6‑117,
inclusive, except when the context otherwise requires.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑103) (from Ch. 108 1/2, par. 6‑103)
Sec. 6‑103. Firemen's Annuity and Benefit Fund
Act of the Illinois Municipal Code.
“Firemen's Annuity and Benefit Fund Act of the
Illinois Municipal Code”: Division 9 of Article 10 of the Illinois
Municipal Code,[1] being a continuation of “An Act to provide for the
creation, setting apart, maintenance and administration of a firemen's annuity
and benefit fund in cities having a population exceeding five hundred thousand
inhabitants”, approved June 12, 1931, as amended.[2]
(Source: Laws 1963, p. 161.)
[1] Former IL Rev. Stat. ch. 24, ¶ 10-9-1 et seq. (repealed; see new, 40 ILCS 5/6-101 et seq.).
[2] Former IL Rev. Stat. ch. 24, ¶ 944.1 et seq. (repealed)
(40 ILCS 5/6‑104) (from Ch. 108 1/2, par. 6‑104)
Sec. 6‑104. Effective date.
“Effective date”: July 1, 1931, for any city
covered by the “Firemen's Annuity and Benefit Fund of the Illinois
Municipal Code” on the date this Article comes in effect; and the date
thereafter that any other city first comes under the provisions of this
Article.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑105) (from Ch. 108 1/2, par. 6‑105)
Sec. 6‑105. Retirement board or board.
“Retirement board” or “board”: The
board of trustees of the Firemen's Annuity and Benefit Fund.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑106) (from Ch. 108 1/2, par. 6‑106)
Sec. 6‑106. Fireman.
“Fireman”: Any
person who:
(a) was, is, or shall be employed by a city in its fire
service as a fireman, fire paramedic, fire engineer, marine engineer, or fire
pilot, and whose duty is to participate in the work of controlling and
extinguishing fire at the location of any such fire, whether or not he is
assigned to fire service other than the actual extinguishing of fire; or
(b) is employed in the fire service of a city on the
effective date, whose duty shall not be as hereinbefore stated, but who shall
then be a contributor to, participant in, or beneficiary of any firemen's
pension fund in operation by authority of law in such city on said date, unless
he applies to the retirement board, within 90 days from the effective date, for
exemption from the provisions of this Article. Any person who would have been
entitled on July 1, 1931 to membership in this fund by reason of the definition
of the word “fireman” contained in “An Act to provide for a
firemen's pension fund and to create a board of trustees to administer said
fund in cities having a population exceeding two hundred thousand (200,000)
inhabitants”, filed July 14, 1917, as amended, [1] who has not filed with the
board prior to July 1, 1941, a written application to be a member shall not be
a fireman within the meaning of this Article.
Amended by P.A. 83-780, § 1, eff. Sept. 24, 1983.
[1] Former IL Rev. Stat. Ch. 24 ¶ 931 et seq. (repealed).
(40 ILCS 5/6‑106.1) (from Ch. 108 1/2, par. 6‑106.1)
Sec. 6‑106.1. Gender. The masculine gender
wherever used in this Article includes the female gender and all annuities and
benefits applicable to male firemen and their survivors and the contributions
to be made for widows' annuities or other benefits shall apply with equal force
to female firemen and their survivors without any modification or distinction
whatsoever.
Added by P.A. 80-899, § 1, eff. Oct. 1, 1977.
(40 ILCS 5/6‑107) (from Ch. 108 1/2, par. 6‑107)
Sec. 6‑107. Present employee.
“Present employee”: Any person employed by a
city as a fireman on the day before the effective date; also any fireman
receiving a pension on account of disability from any firemen's pension fund in
operation, by authority of law, in such city immediately prior to the effective
date, when such fireman recovers from the disability and is reinstated into
active service.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑108) (from Ch. 108 1/2, par. 6‑108)
Sec. 6‑108. Future entrant.
“Future entrant”: Any person employed as a
fireman of a city for the first time on or after the effective date.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑109) (from Ch. 108 1/2, par. 6‑109)
Sec. 6‑109. Active fireman.
“Active fireman”: Any person employed and
receiving salary as a fireman.
Amended by P.A. 78-1242, § 1, eff. Oct. 1, 1974.
(40 ILCS 5/6‑110) (from Ch. 108 1/2, par. 6‑110)
Sec. 6‑110. Act of duty.
“Act of duty”: Any act imposed on an active
fireman by the ordinances of a city, or by the rules or regulations of its fire
department, or any act performed by an active fireman while on duty, having for
its direct purpose the saving of the life or property of another person.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑111) (from Ch. 108 1/2, par. 6‑111)
Sec. 6‑111. Salary.
“Salary”: Subject
to Section 6‑211, the annual salary of a fireman, as follows:
(a) For age and service annuity, minimum annuity, and
disability benefits, the actual amount of the annual salary, except as
otherwise provided in this Article.
(b) For prior service annuity, widow's annuity, widow's
prior service annuity and child's annuity to and including August 31, 1957, the
amount of the annual salary up to a maximum of $3,000.
(c) Except as otherwise provided in Section 6‑141.1,
for widow's annuity, beginning September 1, 1957, the amount of annual salary
up to a maximum of $6,000.
(d) “Salary” means the actual amount of the
annual salary attached to the permanent career service rank held by the
fireman, except as provided in subsection (e).
(e) In the case of a fireman who holds an exempt
position above career service rank:
(1) For the purpose of
computing employee and city contributions, “salary” means the actual
salary attached to the exempt rank position held by the fireman.
(2)
For the purpose of computing benefits: “salary” means the actual
salary attached to the exempt rank position held by the fireman, if (i) the contributions specified in Section 6‑211 have
been made, (ii) the fireman has held one or more exempt positions for at least
5 consecutive years and has held the rank of battalion chief or field officer
for at least 5 years during the exempt period, and (iii) the fireman was born
before 1955; otherwise, “salary” means the salary attached to the
permanent career service rank held by the fireman, as provided in subsection
(d).
(f) Beginning on
the effective date of this amendatory Act of the 93rd General Assembly, and for
any prior periods for which contributions have been paid under subsection (g)
of this Section, all salary payments made to any active or former fireman who
holds or previously held the permanent assigned position or classified career
service rank, grade, or position of ambulance commander shall be included as
salary for all purposes under this Article.
(g) Any active or former fireman who held the permanent
assigned position or classified career service rank, grade, or position of
ambulance commander may elect to have the full amount of the salary attached to
that permanent assigned position or classified career service rank, grade, or
position included in the calculation of his or her salary for any period during
which the fireman held the permanent assigned position or classified career
service rank, grade, or position of ambulance commander by applying in writing
and making all employee and employer contributions, without interest, related
to the actual salary payments corresponding to the permanent assigned position
or classified career service rank, grade, or position of ambulance commander
for all periods beginning on or after January 1, 1995. All applicable
contributions must be paid in full to the Fund before January 1, 2006 before
the payment of any benefit under this subsection (g) will be made.
Any former fireman or widow of a fireman who (i) held the permanent assigned position or classified
career service rank, grade, or position of ambulance commander, (ii) is in
receipt of annuity on the effective date of this amendatory Act of the 93rd
General Assembly, and (iii) pays to the Fund contributions under this
subsection (g) for salary payments at the permanent assigned position or
classified career service rank, grade, or position of ambulance commander shall
have his or her annuity recalculated to reflect the ambulance commander salary
and the resulting increase shall become payable on the next annuity payment
date following the date the contribution is received by the Fund.
In the case of an active or former fireman who (i) dies before January 1, 2006 without making an election
under this subsection and (ii) was eligible to make an election under this
subsection at the time of death (or would have been eligible had the death
occurred after the effective date of this amendatory Act), any surviving
spouse, child, or parent of the fireman who is eligible to receive a benefit
under this Article based on the fireman's salary may make that election and pay
the required contributions on behalf of the deceased fireman. If the death
occurs within the 30 days immediately preceding January 1, 2006, the deadline
for application and payment is extended to January 31, 2006.
Any portion of the compensation received for service as
an ambulance commander for which the corresponding contributions have not been
paid shall not be included in the calculation of salary.
(h) Beginning January 1, 1999, with respect to a
fireman who is licensed by the State as an Emergency Medical Technician,
references in this Article to the fireman's salary or the salary attached to or
appropriated for the permanent assigned position or classified career service
rank, grade, or position of the fireman shall be deemed to include any
additional compensation payable to the fireman by virtue of being licensed as
an Emergency Medical Technician, as provided under a collective bargaining
agreement with the city.
(i) Beginning on the
effective date of this amendatory Act of the 93rd General Assembly (and for any
period prior to that date for which contributions have been paid under
subsection (j) of this Section), the salary of a fireman, as calculated for any
purpose under this Article, shall include any duty availability pay received by
the fireman (i) pursuant to a collective bargaining
agreement or (ii) pursuant to an appropriation ordinance in an amount
equivalent to the amount of duty availability pay received by other firemen
pursuant to a collective bargaining agreement, and references in this Article
to the salary attached to or appropriated for the permanent assigned position
or classified career service rank, grade, or position of the fireman shall be
deemed to include that duty availability pay.
(j) An active or former fireman who received duty
availability pay at any time after December 31, 1994 and before the effective
date of this amendatory Act of the 93rd General Assembly and who either (1)
retired during that period or (2) had attained age 46 and at least 16 years of
service by the effective date of this amendatory Act may elect to have that
duty availability pay included in the calculation of his or her salary for any
portion of that period for which the pay was received, by applying in writing
and paying to the Fund, before January 1, 2006, the corresponding employee
contribution, without interest.
In the case of an applicant who is receiving an annuity
at the time the application and contribution are received by the Fund, the
annuity shall be recalculated and the resulting increase shall become payable on
the next annuity payment date following the date the contribution is received
by the Fund.
In the case of an active or former fireman who (i) dies before January 1, 2006 without making an election
under this subsection and (ii) was eligible to make an election under this
subsection at the time of death (or would have been eligible had the death
occurred after the effective date of this amendatory Act), any surviving
spouse, child, or parent of the fireman who is eligible to receive a benefit
under this Article based on the fireman's salary may make that election and pay
the required contribution on behalf of the deceased fireman. If the death
occurs within the 30 days immediately preceding January 1, 2006, the deadline
for application and payment is extended to January 31, 2006.
Any duty availability pay for which the corresponding
employee contribution has not been paid shall not be included in the
calculation of salary.
(k) The changes to this Section made by this amendatory
Act of the 93rd General Assembly are not limited to firemen in service on or
after the effective date of this amendatory Act.
Amended by P.A. 81-1187, § 1, eff. Jan. 1, 1981;
P.A. 81-1536, § 1, eff. Jan. 1, 1981; P.A. 83-16, § 1, eff. July 7, 1983; P.A. 83-793, § 1, eff. Jan. 1, 1984; P.A. 83-1362, Art. II, § 108, eff. Sept. 11, 1984.
(Source: P.A. 93‑654, eff. 1‑16‑04.)
P.A. 83-1362, Art. II, the 1984 Revisory Act provided in § 0.1:
“This Article provides for the nonsubstantive revision or renumbering or repeal of Sections of Acts necessitated by the amendment, addition or repeal of Sections by two or more Public Acts of the 83rd General Assembly, which multiple action was not resolved by one of the Acts of the 83rd General Assembly, affecting the particular section.”
(40 ILCS 5/6‑112) (from Ch. 108 1/2, par. 6‑112)
Sec. 6‑112. Disability - Injury - Occupational disease.
“Disability”: A condition
of physical or mental incapacity to perform any assigned duty or duties in the
fire service.
“Injury”: Damage suffered by or hurt done to
a fireman.
“Occupational Disease”: A sickness, disease
or illness of the heart, lungs, or respiratory tract of a fireman, arising
solely out of his employment as a fireman, due to exposures to heat and extreme
cold, inhalation of heavy smoke, fumes or poisonous, toxic or chemical gases while
in the performance of active duty in the fire department. “Occupational
Disease” also includes cancer.
Amended by Laws 1963, p. 2308 § 1, eff. Aug. 5, 1963; Laws 1967, p. 2906, § 1, eff. Aug. 11, 1967.
Amended by P.A. 83-661 § 1, eff. Jan. 1, 1984.
(40 ILCS 5/6‑113) (from Ch. 108 1/2, par. 6‑113)
Sec. 6‑113. Compulsory retirement.
“Compulsory retirement”: Separation of a
fireman from the service due to his reaching an age set by law or ordinance
beyond which the fireman is prohibited from working as a fireman.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑114) (from Ch. 108 1/2, par. 6‑114)
Sec. 6‑114. Withdrawal, withdrawal from service,
or withdrawn from service.
“Withdrawal”, “withdrawal from
service”, or “withdrawn from service”: The discharge,
resignation or complete separation from service of a fireman, other than death.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑115) (from Ch. 108 1/2, par. 6‑115)
Sec. 6‑115. Assets.
“Assets”: The total value of cash, securities
and other property. Bonds shall be valued at amortized book value.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑116) (from Ch. 108 1/2, par. 6‑116)
Sec. 6‑116. Annuity.
“Annuity”: Annual payments for life, unless
otherwise terminated under this Article, payable in 12 equal monthly
installments beginning on the first day of the second month next following the
date of the event upon which payment of annuity shall depend, shall occur and
subsequent payments to be due and payable on the first day of each and every
month thereafter, except that a smaller pro rata amount shall be paid for part
of a month when the annuity begins after the first day of the month or ends
before the last day of the month.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑117) (from Ch. 108 1/2, par. 6‑117)
Sec. 6‑117. Present value.
“Present value”: The amount of money needed
to provide an annuity or benefit at some future date computed according to the
applicable mortality and interest tables.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑118) (from Ch. 108 1/2, par. 6‑118)
Sec. 6‑118. Prior service annuity.
“Prior Service Annuity” shall be credited for
present employees for service rendered prior to the effective date in
accordance with the provisions of the “Firemen's Annuity and Benefit Fund
Act of the Illinois Municipal Code”[1] and this Article. Each such credit shall
be improved by interest until the amount of annuity to which an employee has a
right is fixed.
In determining such annuity, the annual salary for the
entire period of the employee's service prior to the effective date shall be
the salary in effect on the effective date, but not in excess of $3,000 per
year.
(Source: Laws 1963, p. 161.)
[1] Former IL Rev. Stat. ch. 24, ¶ 10-9-1 et seq. (repealed, see, now, 40 ILCS 5/6-101 et seq.).
(40 ILCS 5/6‑119) (from Ch. 108 1/2, par. 6‑119)
Sec. 6‑119. Age and service annuity.
“Age and Service Annuity” shall be provided
firemen for service rendered on or after the effective date.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑120) (from Ch. 108 1/2, par. 6‑120)
Sec. 6‑120. Present employees limitation to and
amount of prior service annuities in certain cases.
Present employees limitation to and
amount of prior service annuities in certain cases. A present employee, who has
a credit on the effective date, for prior service annuity, of an amount
sufficient to provide annuity as of his age on such date equal to that to which
he would have had a right if employee contributions and city contributions had
been made for age and service annuity during his entire service until his
attainment of age 57, is entitled to a prior service annuity from the date he
withdraws from service, fixed as of his age on the effective date, of such
amount as can be provided by his credit for this purpose on the effective date.
Any such present employee has no right to receive age and service annuity.
Amended by P.A. 81-1187 § 1, eff. Jan. 1, 1981; P.A. 81-1536 § 1, eff. Jan. 1, 1981.
P.A. 81-1536 reinstated the text as it read prior to amendment by P.A. 81-1187.
(40 ILCS 5/6‑121) (from Ch. 108 1/2, par. 6‑121)
Sec. 6‑121. Present employees ‑ Age 57 in
service ‑ Amount of annuity.
Sec. 6‑121. Present employees ‑ Age 57 in
service ‑ Amount of annuity. (a) A present employee, who attains age 57
or more while in service, having credit from sums accumulated for age and
service annuity and prior service annuity sufficient to provide annuity as of
his age at such time equal to that to which he would have had a right if
employee contributions and city contributions had been made in accordance with
this Article during his entire period of service until he attained age 57, is
entitled to an age and service annuity and prior service annuity from the date
he withdraws from service, fixed as of his age on the date when he has to his
credit such sums; such annuities shall be the amounts provided from the entire
sum accumulated to his credit for age and service annuity and prior service
annuity purposes on such date of fixing.
(b) A present employee who attains age 57 or more while
in service and who has not to his credit for age and service annuity and prior
service annuity the amount described in paragraph (a) above, is entitled on the
date of his withdrawal to an age and service annuity and prior service annuity
fixed as of his age on the date of withdrawal of the amount provided from the
entire sum accumulated to his credit for age and service annuity and prior
service annuity on such date of withdrawal.
Amended by P.A. 81-1187 §1, eff. Jan. 1, 1981;
P.A. 81-1536 § 1, eff. Jan. 1, 1981.
P.A. 81-1536 reinstated the text as it read prior to amendment by P.A. 81-1187
(40 ILCS 5/6‑122) (from Ch. 108 1/2, par. 6‑122)
Sec. 6‑122. Present employees ‑ Age 50 but
less than 57 in service ‑ Age 50 out of service ‑ Amount of
annuity.
Sec. 6‑122. Present employees ‑ Age 50 but
less than 57 in service ‑ Age 50 out of service ‑ Amount of
annuity. A present employee who (1) attains age 50 or more but less than 57
while in service, having 10 or more years of service at the date of withdrawal
or (2) withdraws with 10 or more years of service before age 50 and thereafter
attains age 50 while out of service, is entitled to an age and service annuity
and prior service annuity from the date of withdrawal or after attainment of
age 50, as the case may be, fixed as of his age at the date of withdrawal, or
at age 50, respectively, in such amount as can be provided from the total of
the following:
(1) If service is 20 or more years, the entire sum
accumulated to his credit for age and service annuity and prior service
annuity; or
(2) If service is 10 or more but less than 20 years,
(a) the sum provided from the sum accumulated to his credit for age and service
annuity from salary deductions, (b) 1/10 of the sum accumulated to his credit
for such purposes from the contributions by the city for each completed year of
service after the first 10 years, (c) the sum credited for prior service
annuity from employee contributions and applied to any firemen's pension fund
in operation, by authority of law in the city on the effective date, and (d)
1/10 of the credit for prior service annuity, in accordance with
“Firemen's Annuity and Benefit Fund Act of the Illinois Municipal
Code”,[1] for each completed year of service after the first 10 years.
The annuity provided in this Section for an employee
who attains age 50 out of service shall be computed as though the employee were
exactly age 50 at the time it is granted, regardless of his actual age at the
time of his application therefor, and no such
employee has any right to any annuity on account of any time between the date
he attains age 50 and the date of application for annuity, nor shall any
annuity be payable if the employee has received a refund of contributions.
Annuity in excess of that fixed by this Section shall
not be granted unless the employee reenters the service before age 57. If such
re‑entry occurs, his annuity shall be provided in accordance with this
section or Section 6‑121, whichever is applicable.
Amended by P.A. 81-1187 § 1, eff. Jan. 1, 1981;P.A. 81-1536 § 1, eff. Jan. 1, 1981.
[1] Former IL Rev. Stat. ch. 24, ¶ 10-9-1 et seq. (repealed; see, now, 40 ILCS 5/6-101 et seq.).
P.A. 81-1536 reinstated the text as it read prior to amendment by P.A. 81-1187.
(40 ILCS 5/6‑123) (from Ch. 108 1/2, par. 6‑123)
Sec. 6‑123. Minimum amount of annuity of present
employee.
Any present employee who withdraws on or after the
effective date, having at least 20 years of service, and for whom the annuity
otherwise provided in this Article is less than the amount stated in this
section, has a right to annuity as follows:
If he is at least age 50 on withdrawal, his annuity,
from and after such withdrawal, shall be 50% of his salary on the day one year
prior to such date.
If he is less than age 50 on withdrawal, his annuity,
after the date he becomes age 50, shall be 50% of his salary on the day one
year prior to the date of his withdrawal.
Any such employee who remains in service after
qualifying for annuity under this section or Section 10‑9‑53 of the
Firemen's Annuity and Benefit Fund of the Illinois Municipal Code,[1] shall have
added to his annuity an additional 1% of salary for each complete year of
service or fraction thereof accruing until July 21, 1959, and an additional 1%
for a total of 2% of salary after July 21, 1959. “Salary” as referred
to in this paragraph shall be determined by striking an average of the 5
consecutive highest years of salary within the last 10 years of service
immediately preceding withdrawal.
(Source: Laws 1963, p. 161.)
[1] Former IL Rev. Stat. ch. 24, ¶ 10-9-53 (repealed).
(40 ILCS 5/6‑124) (from Ch. 108 1/2, par. 6‑124)
Sec. 6‑124. Future entrants‑age 63 in
service‑amount of annuity.
When a future entrant attains age 63 in service, his
age and service annuity shall be fixed as of age 63. The annuity shall be that
provided from the entire sum accumulated to his credit for age and service
annuity on the date he attains age 63.
Amended by P.A. 76-1668 § 1, eff. Oct. 3, 1969.
(40 ILCS 5/6‑124.1)
Sec. 6‑124.1. Withdrawal at compulsory retirement
age ‑ amount of annuity.
(a) In lieu of any annuity provided in the other
provisions of this Article, a fireman who is required to withdraw from service
due to attainment of compulsory retirement age and has at least 10 but less
than 20 years of service credit may elect to receive an annuity equal to 30% of
average salary for the first 10 years of service plus 2% of average salary for
each completed year of service or remaining fraction thereof in excess of 10,
but not to exceed a maximum of 50% of average salary.
(b) For the purpose of this Section, “average
salary” means the average of the fireman's highest 4 consecutive years of
salary within the last 10 years of service.
(c) For the purpose of qualifying for the annual
increases provided in Section 6‑164, a fireman whose retirement annuity
is calculated under this Section shall be deemed to qualify for a minimum
annuity.
(Source: P.A. 93‑654, eff. 1‑16‑04.)
(40 ILCS 5/6‑125) (from Ch. 108 1/2, par. 6‑125)
Sec. 6‑125. Future entrants - Age 50 but less than age 63 in service - Amount of annuity.
Future entrants ‑ age 50 but
less than age 63 in service ‑ amount of annuity. When a future entrant
who attains age 50 or more in service, having 10 or more years of service,
withdraws before age 63 his age and service annuity shall be fixed as of his
age at withdrawal. He is entitled to annuity, after withdrawal, of the amount
provided from the following sums on the date of withdrawal:
(1) If service is 20 or more years, the entire sum
accumulated to his credit for age and service annuity; or
(2) If service is 10 or more but less than 20 years,
the entire sum accumulated to his credit for age and service annuity from
deductions from salary, plus 1/10 of the sum accumulated for such purpose from
contributions by the city, for each completed year of service after the first
10 years.
Amended by P.A. 76-1668 § 1, eff. Oct. 3, 1969;
P.A. 81-1187 § 1, eff. Jan. 1, 1981;
P.A. 81-1536 § 1, eff. Jan. 1, 1981.
P.A. 81-1536 reinstated the text as it read prior to amendment by P.A. 81-1187.
(40 ILCS 5/6‑126) (from Ch. 108 1/2, par. 6‑126)
Sec. 6‑126. Future entrants - Withdrawal before age 50 - Amount of annuity.
Future entrants ‑ Withdrawal
before age 50 ‑ Amount of annuity. When a future entrant withdraws before
age 50 after 10 or more years' service and attains age 50 while out of service,
his age and service annuity shall be fixed as of age 50. He is entitled to an
annuity, after he attains age 50, provided from the following sums:
(1) If service is 20 or more years, the entire sum
accumulated to his credit for age and service annuity; or
(2) If service is 10 or more but less than 20 years,
the entire sum accumulated to his credit for age and service annuity, from
deductions from salary, plus 1/10 of the sum accumulated for such annuity from
contributions by the city, for each completed year of service after the first
10 years.
The annuity shall be computed as though the employee
were exactly age 50 when the annuity is granted regardless of his age at the
time of application. No such employee has any right to annuity for any time
between the date he attains age 50 and the date he makes application, nor shall
any annuity be payable if he has received a refund of contributions.
Amended by P.A. 81-1187 § 1, eff. Jan. 1, 1981;P.A. 81-1536 § 1, eff. Jan. 1, 1981.
P.A. 81-1536 reinstated the text as it read prior to amendment by P.A. 81-1187.
(40 ILCS 5/6‑127) (from Ch. 108 1/2, par. 6‑127)
Sec. 6‑127. Future entrants‑Re‑entry
and new fixation.
Future entrants‑Re‑entry
and new fixation. Except as may be otherwise provided in this Article, no
amount of annuity other than that fixed in accordance with Sections 6‑‑125
and 6‑‑126 shall be granted to any future entrant therein described
unless he re‑enters the service before age 63. If such re‑entry
occurs, the amount of annuity shall again be fixed as provided herein.
Amended by P.A. 76-1668 § 1, eff. Oct. 3, 1969.
(40 ILCS 5/6‑128) (from Ch. 108 1/2, par. 6‑128)
Sec. 6‑128. Minimum annuity of future entrants.
(a) A future entrant who withdraws on
or after July 21, 1959, after completing at least 23 years of service, and for
whom the annuity otherwise provided in this Article is less than that stated in
this Section, has a right to receive annuity as follows:
If he is age 53 or more on withdrawal, his annuity
after withdrawal, shall be equal to 50% of his average salary.
An employee who reaches compulsory retirement age and
who has less than 23 years of service shall be entitled to a minimum annuity
equal to an amount determined by the product of (1) his years of service and
(2) 2% of his average salary.
An employee who remains in service after qualifying for
annuity under this Section shall have added to this annuity an additional 1% of
average salary for each completed year of service or fraction thereof rendered
until July 21, 1959, and an additional 1% for a total of 2% of average salary
from July 21, 1959. Each future entrant who has completed 23 years of service before
reaching age 53 shall have added to this annuity 1% of average salary for each
completed year of service or fraction thereof in excess of 23 years up to age
53.
(b) In lieu of the annuity provided in the foregoing
provisions of this Section any future entrant who withdraws from the service
either (i) after December 31, 1983 with at least 22
years of service credit and having attained age 52 in the service, or (ii)
after December 31, 1984 with at least 21 years of service credit and having
attained age 51 in the service, or (iii) after December 31, 1985 with at least
20 years of service credit and having attained age 50 in the service, or (iv)
after December 31, 1990 with at least 20 years of service regardless of age,
may elect to receive an annuity, to begin not earlier than upon attainment of
age 50 if under that age at withdrawal, computed as follows: an annuity equal
to 50% of average salary, plus additional annuity equal to 2% of average salary
for each completed year of service or fraction thereof rendered after his
completion of the minimum number of years of service required for him to be
eligible under this subsection (b). However, the annuity provided under this
subsection (b) may not exceed 75% of average salary.
(c) In lieu of the annuity provided in any other
provision of this Section, a future entrant who withdraws from service after
the effective date of this amendatory Act of the 93rd General Assembly with at
least 20 years of service may elect to receive an annuity, to begin no earlier
than upon attainment of age 50 if under that age at withdrawal, equal to 50% of
average salary plus 2.5% of average salary for each completed year of service
or fraction thereof over 20, but not to exceed 75% of average salary.
(d) For the purpose of this Section, “average
salary” means the average of the highest 4 consecutive years of salary
within the last 10 years of service.
Amended by Laws 1963, p. 2732, § 1, eff. Aug. 12, 1963; Laws 1967, p. 2898, § 1, eff. Aug. 11, 1967.
Amended by P.A. 77-602, § 1, eff. July 31, 1971;
P.A. 80-1022 § 1, eff. Oct. 1, 1977;
P.A. 83-793 § 1, eff. Jan. 1, 1984;
P.A. 86-1488, § 1, eff. Jan. 14, 1991.
(40 ILCS 5/6‑128.1) (from Ch. 108 1/2, par. 6‑128.1)
Sec. 6‑128.1. Increase in minimum pension or annuity - Stages of increase.
Increase in minimum pension or annuity - Stages of increase. Firemen who have retired prior to September 23, 1971
and firemen who retire after that and who served 20 or more years before
retirement and whose pensions or annuities are less than $250 per month shall
receive such additional sums as are required to provide to them a minimum
pension or annuity of $250 per month, said minimum to be reached in three
stages: $200 per month from and after the effective date; $225 per month beginning
January 1, 1972; and $250 beginning January 1, 1973.
The minimum pensions and annuities established by this
Section do not include any sums to be added to annuity payments by the
automatic annual increases provided by Sections 6‑164 and 6‑164.1
and such annual increases shall be paid in addition to the minimum amounts
specified in this Section.
Added by P.A. 77-1627 § 1, eff. Sept. 23, 1971.
Amended by P.A. 78-1242; 1, eff. Oct. 1, 1974.
(40 ILCS 5/6‑128.2) (from Ch. 108 1/2, par. 6‑128.2)
Sec. 6‑128.2. Minimum retirement annuities.
(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 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. The $475
minimum annuity is exclusive of any automatic annual increases provided by
Sections 6‑164 and 6‑164.1, but not exclusive of previous raises in
the minimum annuity as provided by any Section of this Article.
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 years of service after that date, shall be $650 per
month.
Beginning January 1, 1993, 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 years of service after that date, shall be $750 per
month.
Beginning January 1, 1994, 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 years of service after that date, shall be $850 per month.
Beginning January 1, 2004, 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 years of service after that date, shall be $950 per
month.
Beginning January 1, 2005, 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 years of service after that date, shall be $1,050 per
month.
The minimum annuities established by this subsection
(a) do include previous raises in the minimum annuity as provided by any
Section of this Article, but do not include any sums which have been added or
will be added to annuity payments by the automatic annual increases provided by
Sections 6‑164 and 6‑164.1. Such annual increases shall be paid in
addition to the minimum amounts specified in this subsection.
(b) Notwithstanding any other provision of this
Article, 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.
(c) The changes made to this Section by this amendatory
Act of the 93rd General Assembly apply to all persons receiving a retirement
annuity under this Article, without regard to whether the retirement of the
fireman occurred prior to the effective date of this amendatory Act.
Added by P.A. 86-273, § 1, eff. Aug. 23, 1989.
Amended by P.A. 86-1027, § 0.3, eff. Jan. 24, 1990;
P.A. 86-1028, Art. II, § 2-48, eff. Feb. 5, 1990; P.A. 86-1475, Art. 2, § 2-26, eff. Jan. 10, 1991; P.A. 87-849, § 1, eff. March 26, 1992; P.A. 87-1265, § 1, eff. Jan. 25, 1993.
(Source: P.A. 93‑654, eff. 1‑16‑04.)
Another § 6-128.2 was renumbered § 6-128.3.
P.A. 87-1265 incorporated the amendment by P.A. 87-849
(40 ILCS 5/6‑128.3) (from Ch. 108 1/2, par. 6‑128.3)
Sec. 6‑128.3. Minimum widow's annuities.
(a)
Notwithstanding any other provision of this Article, beginning January 1, 1988,
the minimum widow's annuity payable to any person who is entitled to receive a
widow's annuity under this Article shall be $325 per month.
(b) This Section shall apply to all persons receiving a
widow's annuity under this Article, without regard to whether the death or
retirement of the fireman occurred prior to the effective date of this
amendatory Act (P.A. 86‑272).
Formerly 6-128.2. Added by P.A. 86-272, § 1, eff. Aug. 23, 1989. Renumbered § 6-128.3 and amended by P.A. 86-1028, Art. II, § 2-48, eff. Feb. 5, 1990.
P.A. 86-1028, the First 1990 Revisory Act, provides in Art. II, for the revision and renumbering of certain Sections of Acts which have been added or amended by more than one Act of the 86th General Assembly; repeals certain Sections that have been both amended and repealed in the 86th General Assembly and incorporates amendments into successor laws; corrects errors, revises cross-references and deletes obsolete text in such sections contained in P.A. 86-1 through P.A. 86-1009.
(40 ILCS 5/6‑128.4) (from Ch. 108 1/2, par. 6‑128.4)
Sec. 6‑128.4. Minimum widow's annuities.
(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 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 of
service.
(c) Notwithstanding Section 6‑128.3, beginning
January 1, 1999, the minimum widow's annuity under this Article shall be $800
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 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 amendatory Act of the 93rd General Assembly.
(e) Notwithstanding Section 6‑128.3, beginning
January 1, 2005, the minimum widow's annuity under this Article shall be $1,000
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 amendatory Act of the 93rd General Assembly.
Added by P.A. 86-1488, § 1, eff. Jan. 14, 1991.
Amended by P.A. 87-849, § 1, eff. March 26, 1992;
P.A. 87-125, § 1, eff. Jan. 25, 1993; P.A. 89-136, eff. July 14, 1995; P.A. 90-766, § 5, eff. August 14, 1998.
(Source: P.A. 93‑654, eff. 1‑16‑04.)
(40 ILCS 5/6‑129) (from Ch. 108 1/2, par. 6‑129)
Sec. 6‑129. Widow's prior service annuity.
“Widow's Prior Service Annuity” shall be
credited for the widow of a male present employee for service prior to the
effective date, in accordance with the “Firemen's Annuity and Benefit Fund
Act of the Illinois Municipal Code”[1] and this Article.
For a present employee in service on August 31, 1957,
and under age 57 on that date, the annuity so provided shall be improved by
interest at 4% per year during his subsequent service. For a present employee
in the service on August 31, 1957, and over age 57 on that date, the annuity so
provided shall be improved by interest at such rate in the manner stated in
Section 6‑‑132 of this Article.
(Source: Laws 1963, p. 161.)
[1] Former IL Rev. Stat. ch. 24, ¶ 10-9-1 et seq. (repealed; see now, 40 ILCS 5/6-101 et seq.).
(40 ILCS 5/6‑130) (from Ch. 108 1/2, par. 6‑130)
Sec. 6‑130. Widow's annuity.
“Widow's Annuity” shall be provided for the
widows of firemen for service after the effective date.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑131) (from Ch. 108 1/2, par. 6‑131)
Sec. 6‑131. Amount of present employee's widow's
annuity on effective date.
The amount of annuity for the wife of a present
employee who attains age 57 or more on or before the effective date shall be
fixed on the effective date as of the age of the wife at the time the employee
attained age 57. The widow shall receive annuity, from the date of the
employee's death of such amount as can be provided on a reversionary annuity
basis from the employee's credit for such annuity on the effective date.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑133) (from Ch. 108 1/2, par. 6‑133)
Sec. 6‑133. Widow's annuity‑All employees‑Death
in service before age 63.
The widow of an employee who dies in service before
age 63 is entitled to receive annuity, from the date of his death, of the
amount provided on a single life annuity basis from the total sum accumulated
to his credit at his death for age and service annuity, widow's annuity, and if
a present employee, prior service and widow's prior service annuity; but no
part of such credits which represent the city contributions shall be used to provide
annuity for the widow in excess of the maximum widow's annuity provided in this
Article. The annuity shall be computed as of the date of the employee's death.
Amended by P.A. 76-1668, § 1 eff. Oct. 3, 1969.
(40 ILCS 5/6‑134) (from Ch. 108 1/2, par. 6‑134)
Sec. 6‑134. Widow's annuity ‑ all employees
‑ withdrawal before age 63 and after age 50.
The widow's annuity and
widow's prior service annuity for the wife of an employee who (1) attained age
50 or more but less than age 63 while in service and (2) served 10 or more
years and (3) withdraws from service, shall be fixed as of her age at the time
of his withdrawal. The annuity, payable from and after the date of his death,
shall be such amount as can be provided on a reversionary annuity basis from
the following sums accumulated to his credit on the date the annuity was fixed:
(1) If service is 20 or more years, the entire sum
accumulated to his credit for widow's annuity and, for a present employee,
widow's prior service annuity; or
(2) If service is 10 or more but less than 20 years,
the sum accumulated to his credit for widow's annuity from salary deductions,
plus 1/10 of the sum accumulated to his credit for widow's annuity, and, if a
present employee, widow's prior service annuity, from contributions by the city
for each completed year of service after the first 10 years.
Amended by P.A. 76-1668, § 1, eff. Oct. 3, 1969;
P.A. 81-1187, § 1, eff. Jan. 1, 1981;
P.A. 81-1536, § 1, eff. Jan. 1, 1981.
P.A. 81-1536 reinstated the text as it read prior
to amendment by P.A. 81-1187.
(40 ILCS 5/6‑135) (from Ch. 108 1/2, par. 6‑135)
Sec. 6‑135. Widow's annuity ‑ All employees
‑ Withdrawal before age 50 ‑ Death after age 50.
The widow's
annuity and widow's prior service annuity for the wife of an employee who
withdraws after service of 10 or more years before age 50, and later attains
such age and dies while out of service, shall be fixed as of her age at the
time the employee becomes age 50. She shall receive annuity, from the date of
the employee's death, of such amount as can be provided on a reversionary
annuity basis from the following sums accumulated to his credit on the date the
annuity was fixed:
(1) If service is 20 or more years, the entire sum
accumulated to his credit for widow's annuity, and, for a present employee,
widow's prior service annuity;
(2) If service is 10 or more but less than 20 years,
the sum accumulated to his credit for widow's annuity from salary deductions,
plus 1/10 of the sum accumulated to his credit for widow's annuity, and, for a
present employee, widow's prior service annuity, from contributions by the
city, for each completed year of service after the first 10 years.
Amended by P.A. 81-1187, § 1, eff. Jan. 1, 1981;
P.A. 81-1536, § 1, eff. Jan. 1, 1981.
P.A. 81-1536 reinstated the text as it read prior
to amendment by P.A. 81-1187.
(40 ILCS 5/6‑136) (from Ch. 108 1/2, par. 6‑136)
Sec. 6‑136. Widow's annuity ‑ All employees
‑ Withdrawal and death before age 50.
The widow of an employee who (1)
has served 10 or more years and (2) withdraws before age 50, and (3) dies out of
service before age 50, shall receive annuity, from the date of his death of the
amount provided on a reversionary annuity basis from the following sums to his
credit on the date of his death:
(1) If service is 20 or more years, the entire sum
accumulated to his credit for age and service annuity, widow's annuity, and,
for a present employee, prior service and widow's prior service annuity; or
(2) If service is 10 or more but less than 20 years,
the sum accumulated to his credit for age and service annuity, and widow's
annuity, and, in the case of a present employee, prior service annuity from
employee contributions, plus 1/10 of the sum credited for age and service
annuity, widow's annuity, and, for a present employee, prior service and
widow's prior service annuity, from contributions by the city, for each
completed year of service after the first 10 years.
The annuity shall be computed as of the age of the
widow at the date of the employee's death.
No part of city contributions shall be used to provide
annuity for a widow in excess of that to which she would have had a right to
receive if the employee had lived until age 50 and had not re‑entered
service and the annuity were then fixed for the widow on a reversionary annuity
basis as of her age on the date when her husband would have attained age 50.
Amended by P.A. 81-1187, § 1, eff. Jan. 1, 1981;
P.A. 81-1536, § 1, eff. Jan. 1, 1981.
P.A. 81-1536 reinstated the text as it read prior
to amendment by P.A. 81-1187.
(40 ILCS 5/6‑137) (from Ch. 108 1/2, par. 6‑137)
Sec. 6‑137. Widow's annuity‑Re‑entry
and new fixation.
Annuity in excess of that fixed in Sections 6‑134
and 6‑135 shall not be granted to the widow of an employee
described therein unless the employee re‑enters the service before age
63, in which case the annuity for his wife shall be fixed when he again
withdraws or dies, whichever event first occurs, as of her age at the time the
annuity is fixed.
Amended by P.A. 76-1668, § 1, eff. Oct. 3, 1969.
(40 ILCS 5/6‑138) (from Ch. 108 1/2, par. 6‑138)
Sec. 6‑138. Widow's annuity‑Determination
of age of widow.
Widow's annuity shall be computed as herein provided,
except that the maximum age of the widow for annuity purposes for the wife or
widow of any employee entering service prior to July 1, 1953, shall not be more
than 5 years less than the age of the employee as of the date when such wife's
or widow's annuity is fixed; and for the widow of a future entrant entering
service after June 30, 1953, her maximum age for annuity purposes shall in no
event be more than the age of her husband as of the date when such wife's or
widow's annuity is fixed.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑139) (from Ch. 108 1/2, par. 6‑139)
Sec. 6‑139. Widow's annuity ‑ Limitations
after fixation.
Except as may be otherwise provided in this Article, (a) no salary
deductions or contributions by the city for widow's annuity shall be made after
such annuity has been fixed; (b) no widow's annuity in excess of that fixed in
accordance with this Article shall be granted; and (c) no service rendered
after the time of fixing shall be considered for widow's annuity.
Amended by P.A. 81-1187, § 1, eff. Jan. 1, 1981;
P.A. 81-1536, § 1, eff. Jan. 1, 1981.
P.A. 81-1536 reinstated the text as it read prior
to amendment by P.A. 81-1187.
(40 ILCS 5/6‑140) (from Ch. 108 1/2, par. 6‑140)
Sec. 6‑140. Firemen killed in performance of duty - Widow's annuity.
Death in the line of duty.
(a) The annuity for the widow of a fireman whose death
results from the performance of an act or acts of duty shall be an amount equal
to 50% of the current annual salary attached to the classified position to
which the fireman was certified at the time of his death and 75% thereof after
December 31, 1972.
Unless the performance of an act or acts of duty
results directly in the death of the fireman, or prevents him from subsequently
resuming active service in the fire department, the annuity herein provided
shall not be paid; nor shall such annuities be paid unless the widow was the
wife of the fireman at the time of the act or acts of duty which resulted in
his death.
(b) The changes made to this Section by this amendatory
Act of the 92nd General Assembly apply without regard to whether the deceased
fireman was in service on or after the effective date of this amendatory Act.
In the case of a widow receiving an annuity under this Section that has been
reduced to 40% of current salary because the fireman, had he lived, would have
attained the age prescribed for compulsory retirement, the annuity shall be
restored to the amount provided in subsection (a), with the increase beginning
to accrue on the later of January 1, 2001 or the day the annuity first became
payable.
Amended by Laws 1963,p. 2308, § 1, eff. Aug. 5, 1963; Laws 1967, p. 2908, § 1, eff. Aug. 11, 1967.
Amended by P.A. 77-1580, § 1, eff. Jan. 1, 1972;
P.A. 92‑50, eff. July 12, 2001.
(40 ILCS 5/6‑141) (from Ch. 108 1/2, par. 6‑141)
Sec. 6‑141. Minimum widow's annuities after July 1,
1935‑Widow of pensioner under prior act.
Whenever the annuity under any
provision of this Article for a widow of a fireman described in this section is
less than $45 per month, the following described widows shall receive $45 per
month after July 1, 1935, or after the death of the fireman if such death
occurs on or after July 1, 1935, and prior to July 1, 1969, and $100 per month
if the death of the fireman occurs on or after July 1, 1969, and from and after
August 19, 1971 a minimum widow's annuity of $150 per month to July 1, 1975,
$175 a month after July 1, 1975 and before January 1, 1976, and $200 a month
after January 1, 1976 and before July 1, 1981, and $250 a month beginning July
1, 1981, shall be paid to all widows hereinafter described, without regard to
the fact that the death of the fireman occurred before the applicable minimum
rate was established by law, provided that the $175 a month or $200 a month or
$250 a month minimum rates apply only in the event the fireman had at least 10
years of service credit at his date of death in the service: (a) the widow of a
fireman who dies in service; (b) the widow of a fireman who withdraws after 20
or more years of service and who enters upon annuity after age 50 or more,
provided, that the widow is married to the fireman before he withdraws from
service; (c) the widow of a fireman who has served 20 or more years and who
withdraws from service before age 50 and who dies before he enters upon an
annuity, provided, that the widow is married to the fireman before he withdraws
from service.
The widow of a fireman who was receiving a pension
under “An Act to provide for a firemen's pension fund and to create a
board of trustees to administer said fund in cities having a population
exceeding two hundred thousand (200,000) inhabitants”, in force July 1,
1917,[1] shall be paid a pension of $45 per month. Such pension, however, shall
not be allowed if the widow married the fireman pensioner subsequent to the
date of his retirement with a pension under said Act and after June 30, 1915.
The widow of a fireman who retires from service after
December 31, 1975 or who dies while in service after December 31, 1975 and on
or after the date on which he becomes eligible to retire under Section 6‑128
shall, if she is otherwise eligible for a widow's annuity under this Article
and if the amount determined under this Section is more than the total combined
amounts of her widow's annuity and widow's prior service annuity, receive, in
lieu of such other widow's annuity and widow's prior service annuity, a widow's
annuity equal to 40% of the amount of annuity which her deceased fireman
husband received as of the date of his retirement on annuity or if he dies in
the service prior to retirement on annuity a widow's annuity equal to 40% of
the amount of annuity her deceased fireman husband would have been entitled to
receive if he had retired on the day before the date of his death in the
service, except that if the age of the wife at date of retirement or the age of
the widow at date of death in the service is more than 5 years younger than her
fireman husband, the amount of such annuity shall be reduced by 1/2 of 1% for
each such month and fraction thereof that she is more than 5 years younger at
date of retirement or at date of death subject to a maximum reduction of 50%.
However, no annuity under this Section shall exceed $500.00 per month.
This Section does not apply to the widow of any former
fireman who was receiving an annuity from the fund on December 31, 1975 and who
re‑enters service as a fireman, unless he renders at least 3 years of
additional service after re‑entry.
Amended by P.A. 76-1578, § 1, eff. Sept. 26, 1969;
P.A. 77-1204, § 1, eff. Aug. 19, 1971; P.A. 79-633, § 1, eff. Oct. 1, 1975; P.A. 82-342, § 1, eff. Jan. 1, 1982.
[1] Former IL Rev. Stat. ch. 24, ¶¶ 931 to 944 (repealed).
(40 ILCS 5/6‑141.1) (from Ch. 108 1/2, par. 6‑141.1)
Sec. 6‑141.1. Widows after June 30, 1984 - Deceased active firefighters at death - Deceased receiving retirement annuity at death.
(a) Notwithstanding the other
provisions of this Article, the widow of a fireman who dies on or after June
30, 1984, while receiving a retirement annuity or while an active fireman with
at least 1 1/2 years of creditable service, may elect to have the amount of
widow's annuity calculated in accordance with this Section.
(b) If the deceased fireman was an active fireman at
the time of his death and had at least 1 1/2 years of creditable service, the
widow's annuity shall be the greater of (1) 30% of the salary attached to the
rank of first class firefighter in the classified career service at the time of
the fireman's death, or (2) 50% of the retirement annuity the deceased fireman
would have been eligible to receive if he had retired from service on the day
before his death.
(c) If the deceased fireman was receiving a retirement
annuity at the time of his death, the widow's annuity shall be equal to 50% of
the amount of such retirement annuity at the time of the fireman's death.
Added by P.A. 83-793, § 1, eff. Jan. 1, 1984.
Amended by P.A. 84-11, § 1, eff. July 2, 1985.
(40 ILCS 5/6‑141.2)
Sec. 6‑141.2. Minimum annuity for certain widows.
Notwithstanding the other provisions of this Article, the widow's annuity
payable to the widow of a fireman who dies on or after July 1, 1997 while an
active fireman with at least 10 years of creditable service shall be no less
than 50% of the retirement annuity that the deceased fireman would have been eligible
to receive if he had attained age 50 and 20 years of service on the day before
his death and retired on that day. In the case of a widow's annuity that is
payable on the effective date of this amendatory Act of the 93rd General
Assembly, the increase provided by this Section, if any, shall begin to accrue
on the first annuity payment date following that effective date.
(Source: P.A. 93‑654, eff. 1‑16‑04.)
(40 ILCS 5/6‑142) (from Ch. 108 1/2, par. 6‑142)
Sec. 6‑142. Wives and widows not entitled to
annuities.
(A) Except as provided in subsection (B), the following
wives or widows have no right to annuity from the fund:
(a) A wife or widow married
subsequent to the effective date of a fireman who dies in service if she was
not married to him before he attained age 63;
(b)
A wife or widow of a fireman who withdraws, whether or not he enters upon
annuity, and dies while out of service, if the marriage occurred after the
effective date and she was not his wife while he was in service and before he
attained age 63;
(c)
A wife or widow of a fireman who (1) has served 10 or more years, (2) dies out
of service after he has withdrawn from service, and (3) has withdrawn or
applied for refund of the sums to his credit for annuity to which he had a
right to refund;
(d)
A wife or widow of a fireman who dies out of service after he has withdrawn
before age 63, and who has not served at least 10 years;
(e)
A wife whose marriage was dissolved or widow of a fireman whose judgment of
dissolution of marriage from her fireman husband is annulled, vacated or set
aside by proceedings in court subsequent to the death of the fireman, unless
(1) such proceedings are filed within 5 years after the date of the dissolution
of marriage and within one year after the death of the fireman and (2) the
board is made a party to the proceedings;
(f)
A wife or widow who married the fireman while he was in receipt of disability
benefit or disability pension from this fund, unless he returned to the service
subsequent to the marriage and remained therein for a period or periods
aggregating one year, or died while in service.
(B) Beginning on
January 16, 2004, the limitation on marriage after withdrawal under subdivision
(A)(b) and the limitation on marriage during disability under subdivision
(A)(f) no longer apply to a widow who was married to the deceased fireman for
at least one year immediately preceding the date of death, regardless of
whether the deceased fireman is in service on or after the effective date of
Public Act 93‑654 or this amendatory Act of the 93rd General Assembly;
except that this subsection (B) does not apply to the widow of a fireman who
received a refund of contributions for widow's annuity under Section 6‑160,
unless the refund is repaid to the Fund, with interest at the rate of 4% per
year, compounded annually, from the date of the refund to the date of
repayment.
If the widow of a fireman who died before January 16,
2004 becomes eligible for a widow's annuity because of Public Act 93‑654,
the annuity shall begin to accrue on the date of application for the annuity,
but in no event sooner than January 16, 2004.
The changes to this Section made by this amendatory Act
of the 93rd General Assembly apply without regard to whether the deceased
fireman was in service on or after its effective date. If the widow of a
fireman who died before the effective date of this amendatory Act of the 93rd
General Assembly becomes eligible for a widow's annuity because of this
amendatory Act, the annuity shall begin to accrue on the date of application
for the annuity, but in no event sooner than January 16, 2004.
Amended by P.A. 81-230, § 15, eff. Aug. 28, 1979.
(Source: P.A. 93‑654, eff. 1‑16‑04.)
(40 ILCS 5/6‑143) (from Ch. 108 1/2, par. 6‑143)
Sec. 6‑143. Widow's remarriage.
(a) Beginning on the effective date of this amendatory
Act of the 93rd General Assembly, a widow's annuity shall no longer be subject
to termination or suspension under this Section due to remarriage. Any widow's
annuity that was previously terminated or suspended under this Section by reason
of remarriage shall, upon application, be resumed as of the date of the
application, but in no event sooner than the effective date of this amendatory
Act. The resumption shall not be retroactive. This subsection (a) applies
regardless of whether or not the deceased fireman was in service on or after
the effective date of this amendatory Act.
(b) This subsection (b) does not apply on or after the
effective date of this amendatory Act of the 93rd General Assembly.
Any annuity granted to a widow who remarries on or
after December 31, 1989 shall be suspended when she remarries, unless (i) she remarries after attaining the age of 60 regardless
of whether or not the deceased fireman was in service on or after the effective
date of this amendatory Act of 1995 or (ii) she has been granted a Section 6‑140
annuity as the widow of a fireman killed in performance of duty. An annuity
suspended under this Section shall, upon application, be resumed if the
subsequent marriage ends by dissolution of marriage, declaration of invalidity
of marriage, or the death of the husband; this resumption shall not be
retroactive.
If a widow remarries after attaining age 60 or after
she has been granted an annuity under Section 6‑140 and the remarriage
takes place after December 31, 1989, regardless of whether or not the deceased
fireman was in service on or after the effective date of this amendatory Act of
1995, the widow's annuity shall continue without interruption.
Any widow's annuity that was previously terminated by
reason of remarriage prior to December 31, 1989 or suspended shall, upon
application, be resumed, as of the date of the application, if the subsequent
marriage ended by dissolution of marriage, declaration of invalidity of
marriage, or the death of the husband, regardless of whether or not the
deceased fireman was in service on the effective date of this amendatory Act of
1995; this resumption shall not be retroactive.
When a widow dies, if she has not received, in the form
of an annuity, an amount equal to the accumulated employee contributions for
widow's annuity, the difference between such accumulated contributions and the
sum received by her, along with any part of the accumulated contributions for
age and service annuity remaining in the fund at her death, shall be refunded
to the fireman's children, in equal parts to each; except that if a child is
less than age 18, the part of any such amount that is required to pay an
annuity to the child shall be transferred to the child's annuity reserve. If no
children or descendants thereof survive the fireman, the refund shall be paid
to the estate of the fireman. In making refunds under this Section, no interest
shall be considered upon either the total of annuity payments made or the
amounts subject to refund.
Amended by P.A. 81-230, § 15, eff. Aug. 28, 1979;
P.A. 81-1187, § 1, eff. Jan. 1, 1981; P.A. 81-1509, Art. I, § 62, eff. Sept. 26, 1980; P.A. 81-1536, § 1, eff. Jan. 1, 1981; P.A. 86-273, § 1, eff. Aug. 23, 1989; P.A. 86-1488, § 1, eff. Jan. 14, 1991;
P.A. 89-136, eff. July 14, 1995.
(Source: P.A. 93‑654, eff. 1‑16‑04.)
(40 ILCS 5/6‑143.1) (from Ch. 108 1/2, par. 6‑143.1)
Sec. 6‑143.1. Pensions to survivors of female
firemen.
All provisions of this Article relating to annuities or benefits to a
widow, children or other survivors of a male fireman shall apply with equal
force to a surviving spouse, children or other survivors of a female fireman.
Added by P.A. 80-899, § 1, eff. Oct. 1, 1977.
(40 ILCS 5/6‑143.2) (from Ch. 108 1/2, par. 6‑143.2)
Sec. 6‑143.2. Widows ‑ double annuity.
If any
widow (1) receives a widow's annuity from the Fund, and (2) after December 31,
1989 marries a fireman who is a participant in this Fund, and (3) the fireman
dies and a second widow's annuity thereby becomes payable, then the first
widow's annuity shall be cancelled at the time the widow accepts any payment of
the second widow's annuity. Any refund due because of the cancelled annuity
shall be paid to the widow.
Added by P.A. 86-1488, § 1, eff. Jan. 14, 1991.
(40 ILCS 5/6‑144) (from Ch. 108 1/2, par. 6‑144)
Sec. 6‑144. Maximum annuities permitted.
No annuity in excess of 75% of the
highest salary received by the fireman concerned shall be granted or paid to
him except to the extent that the annuity may exceed such 75% under the
provisions of Section 6‑164 of this Article.
Amended by Laws 1963, p. 3469, § 1, eff. Aug. 28, 1963; Laws, 1967, p. 2904, § 1, eff. Aug. 11, 1967.
Amended by P.A. 77-1353, § 1, eff. Aug. 27, 1971.
(40 ILCS 5/6‑145) (from Ch. 108 1/2, par. 6‑145)
Sec. 6‑145. Mortality tables and interest rates.
Any annuity fixed for or granted to a present employee
or future entrant who entered service prior to July 1, 1953, or to his widow,
shall be computed according to the American Experience Table of Mortality. The
rate of interest to be used for all purposes of this Article on account of such
persons shall be 4% per annum.
Annuities for future entrants entering service after
June 30, 1953, and for widows and persons having a right to annuities or
benefits through such future entrants, shall be computed according to the
Combined Annuity Mortality Table, rated back 4 years for female lives. The rate
of interest for all purposes of this Article on account of such future entrants
and their beneficiaries shall be 3% per annum.
All sums to the credit of a fireman for annuity
purposes at the time he withdraws before age 50 shall be improved to his credit
thereafter by interest while he is out of service and has not entered upon
annuity until he attains age 57. Such interest shall be 4% per annum if he is a
present employee or a future entrant who entered service prior to July 1, 1953,
or 3% per annum if he is a future entrant who enters service after June 30, 1953.
Any annuity fixed for or granted to such employees who entered service prior to
July 1, 1953, and who have not re‑entered the service prior to the time
such annuity is fixed or granted, or any annuity fixed for or granted to a
widow of any such employee shall be computed according to the American
Experience Table of Mortality with interest at 4% per annum, and any annuity
fixed for or granted to any such future entrant who entered service subsequent
to June 30, 1953 or his widow shall be computed according to the Combined
Annuity Mortality Table rated back 4 years for female lives and with interest
at 3% per annum.
The amount of widow's annuity or widow's prior service
annuity which shall be fixed for the wife of a fireman while he is alive shall
be a reversionary annuity computed according to the applicable table of
mortality.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑146) (from Ch. 108 1/2, par. 6‑146)
Sec. 6‑146. Term annuities‑How computed.
Whenever the sum to a fireman's credit for an annuity
to him or his widow is insufficient to provide a life annuity of $25 per month
to either of them, a term annuity of such amount of equal actuarial value shall
be payable for the period of time established as the term period. Such annuity
shall cease upon death prior to the end of the term period.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑147) (from Ch. 108 1/2, par. 6‑147)
Sec. 6‑147. Child's annuity.
A “Child's Annuity” shall be provided for
unmarried natural or adopted children of firemen payable monthly from the date
of death of the fireman parent of a child until the annuitant attains age 18.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/6‑148) (from Ch. 108 1/2, par. 6‑148)
Sec. 6‑148. Child's annuity - Conditions - Amount.
A child's annuity, shall be paid for
the benefit of any unmarried child, less than age 18, of any following
described firemen:
(a) A fireman whose death results from the performance
of any act or acts of duty; (b) a fireman who dies in service from any cause;
(c) a fireman who withdraws subsequent to age 50 and who enters upon or is
eligible for annuity; and (d) a fireman having at least 20 years of service who
withdraws and dies before he enters upon annuity.
A child to be eligible must have been born or in esse before the fireman withdrew, or legally adopted by a
fireman at least one year prior to the fireman's death or withdrawal. The
requirement that the adoption take place at least 1 year prior to the fireman's
death does not apply where death occurs as a result of an act or acts of duty
or as the result of any accident.
The annuity shall be paid without regard to the fact
that the death of the deceased fireman parent may have occurred prior to the
effective date of this amendatory Act and shall be paid monthly in an amount equal
to 15% of the current annual maximum salary attached to the classified civil
service position of fire fighter if no widow survives and 10% of such salary
while the widow survives and no age limitation in this Section shall apply to a
child who is so physically or mentally handicapped as to be unable to support
himself; provided, if annuities for the widow and children of a fireman who
dies on or after the effective date and whose death has been the result of an
act or acts of duty performed on or after said date, or for the children in any
such case wherein a widow shall not exist, computed at the rates hereinbefore
stated, would exceed the final annual salary of a first class fireman, (one who
receives maximum salary for classified civil service rank of fire fighter), the
annuity for each child shall be reduced pro rata so that the combined annuities
for the family of the fireman shall not exceed such amount; and in the case of
the family of a fireman who dies on or after said date and whose death is the
result of any cause or causes other than injury incurred in the performance of
an act or acts of duty in which annuities for such family, computed at the
rates hereinbefore stated would exceed 60% of the final annual salary of a
first class fireman, the annuity of each child shall be reduced pro rata so
that the combined annuities for the family do not exceed such limitation.
Child's annuity shall be paid to the parent who is
providing for the child, unless another person is appointed by a court of law
as the child's guardian.
Amended by Laws 1967, p. 2900, § 1, eff. Aug. 11, 1967.
Amended by P.A. 76-1157, § 1, eff. Aug. 28, 1969;
P.A. 76-2579, § 1, eff. July 10, 1970; P.A. 77-1357, § 1, eff. Aug. 27, 1971; P.A. 80-856, § 1, eff. Oct. 1, 1977; P.A. 84-11, § 1, eff. July 2, 1985.
(40 ILCS 5/6‑149) (from Ch. 108 1/2, par. 6‑149)
Sec. 6‑149. Parent's Annuity
“Parent's Annuity” shall be provided for the
natural parent or parents of a fireman who dies on or after the effective date
while in active service, or is disabled and in receipt of or pending receipt of
disability benefit, or upon leave of absence with whole or part pay, or upon
leave of absence without pay during a period of not more than 3 months in the
aggregate, or in receipt of annuity granted after 20 years of service, or while
out of the service after 20 years of service and pending receipt of annuity to
which the fireman has a right upon attainment of age 50 or more; provided, that
at the time of the fireman's death, no widow or unmarried child under 18 years
of age entitled to annuity survives him; and, provided further, that
satisfactory proof shall be made to the board that the fireman was contributing
to the support of his parent or parents.
Parent's annuity shall be 18% of the current annual
salary attached to the classified position held by the fireman at the time of
his death or retirement and each surviving parent shall be entitled to receive
said 18% annuity on a monthly basis.
Amended by P.A. 77-1359, § 1, eff. Aug. 27, 1971.
(40 ILCS 5/6‑150) (from Ch. 108 1/2, par. 6‑150)
Sec. 6‑150. Death Benefit
(a) Effective January 1, 1962, an
ordinary death benefit shall be payable on account of any fireman in service
and in receipt of salary on or after such date, which benefit shall be in
addition to all other annuities and benefits herein provided. This benefit
shall be payable upon death of a fireman:
(1) occurring in active service while in receipt of
salary;
(2) on an authorized and approved leave of absence,
without salary, beginning on or after January 1, 1962, if the death occurs
within 60 days from the date the fireman was in receipt of salary;
(3) receiving duty, occupational disease, or ordinary
disability benefit;
(4) occurring within 60 days from the date of
termination of duty disability, occupational disease disability or ordinary
disability benefit payments if re‑entry into service had not occurred;
(5) occurring on retirement and while in receipt of an
age and service, prior service annuity or minimum annuity; provided (a)
retirement on such annuity occurred on or after January 1, 1962, and (b) such
separation from service was effective on or after the fireman's attainment of
age 50, and (c) application for such annuity was made within 60 days after
separation from service.
(b) The ordinary death benefit shall be payable to such
beneficiary or beneficiaries as the fireman has nominated by written direction
duly signed and acknowledged before an officer authorized to take
acknowledgments, and filed with the board. If no such written direction has
been filed or if the designated beneficiaries do not survive the fireman,
payment of the benefit shall be made to his estate.
(c) Beginning July 1, 1983, if death occurs prior to
retirement on annuity and before the fireman's attainment of age 50, the amount
of the benefit payable shall be $12,000. Beginning July 1, 1983, if death
occurs prior to retirement, at age 50 or over, the benefit of $12,000 shall be
reduced $400 for each year (commencing on the fireman's attainment of age 50
and thereafter on each succeeding birth date) that the fireman's age, at date
of death, is more than age 49, but in no event below the amount of $6,000.
Beginning July 1, 1983, if the fireman's death occurs
while he is in receipt of an annuity, the benefit shall be $6,000.
Amended by Laws 1967, p. 2903, § 1, eff. Aug. 11, 1967.
Amended by P.A. 77-1205, § 1, eff. Aug. 19, 1971;
P.A. 83-152, § 1, eff. Aug. 29, 1983.
(40 ILCS 5/6‑151) (from Ch. 108 1