Bill Text: IL HB5397 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Chicago Police Article of the Illinois Pension Code. Provides that retiree members of the city health care plans shall pay no higher premium, and shall receive no lower level of benefits, than the active employee members with the same Medicare status. Pre-empts home rule. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-05 - Referred to Rules Committee [HB5397 Detail]

Download: Illinois-2009-HB5397-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5397 Introduced 2/5/2010, by Rep. Michael P. McAuliffe SYNOPSIS AS INTRODUCED:
40 ILCS 5/5-167.5 from Ch. 108 1/2, par. 5-167.5
30 ILCS 805/8.34 new
Amends the Chicago Police Article of the Illinois Pension Code. Provides that retiree members of the city health care plans shall pay no higher premium, and shall receive no lower level of benefits, than the active employee members with the same Medicare status. Pre-empts home rule. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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AN ACT concerning public employee benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pension Code is amended by changing
Section 5-167.5 as follows:
(40 ILCS 5/5-167.5) (from Ch. 108 1/2, par. 5-167.5)
Sec. 5-167.5. Payments to city for annuitant health care;
equality of coverage.
(a) For the purposes of this Section, "city annuitant"
means a person receiving an age and service annuity, a widow's
annuity, a child's annuity, or a minimum annuity under this
Article as a direct result of previous employment by the City
of Chicago ("the city").
(b) The board shall pay to the city, on behalf of the
board's city annuitants who participate in any of the city's
health care plans, the following amounts:
(1) From July 1, 2003 through June 30, 2008, $85 per
month for each such annuitant who is not eligible to
receive Medicare benefits and $55 per month for each such
annuitant who is eligible to receive Medicare benefits.
(2) From July 1, 2008 through June 30, 2013, $95 per
month for each such annuitant who is not eligible to
receive Medicare benefits and $65 per month for each such

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annuitant who is eligible to receive Medicare benefits.
The payments described in this subsection shall be paid
from the tax levy authorized under Section 5-168; such amounts
shall be credited to the reserve for group hospital care and
group medical and surgical plan benefits, and all payments to
the city required under this subsection shall be charged
against it.
(c) The city health care plans referred to in this Section
and the board's payments to the city under this Section are not
and shall not be construed to be pension or retirement benefits
for the purposes of Section 5 of Article XIII of the Illinois
Constitution of 1970.
(d) Beginning January 1, 2011, retirees under this Article
who participate in the city health care plans shall pay no
higher premium or other cost, and shall receive no lower level
of benefits, than the corresponding active employee
participants in those plans with the same Medicare status. The
city, a home rule unit, may not create or maintain any
inequality in benefits or costs for retired and active
participants in the city health care plans in a manner
inconsistent with this subsection. This subsection is a
limitation on the concurrent exercise of home rule power under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 92-599, eff. 6-28-02; 93-42, eff. 7-1-03.)

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Section 90. The State Mandates Act is amended by adding
Section 8.34 as follows:
(30 ILCS 805/8.34 new)
Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 96th General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.