SB2362 Enrolled LRB095 15085 AMC 41046 b

1     AN ACT concerning public employee benefits.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Pension Code is amended by changing
5 Section 4-108 as follows:
 
6     (40 ILCS 5/4-108)  (from Ch. 108 1/2, par. 4-108)
7     Sec. 4-108. Creditable service.
8     (a) Creditable service is the time served as a firefighter
9 of a municipality. In computing creditable service, furloughs
10 and leaves of absence without pay exceeding 30 days in any one
11 year shall not be counted, but leaves of absence for illness or
12 accident regardless of length, and periods of disability for
13 which a firefighter received no disability pension payments
14 under this Article, shall be counted.
15     (b) Furloughs and leaves of absence of 30 days or less in
16 any one year may be counted as creditable service, if the
17 firefighter makes the contribution to the fund that would have
18 been required had he or she not been on furlough or leave of
19 absence. To qualify for this creditable service, the
20 firefighter must pay the required contributions to the fund not
21 more than 90 days subsequent to the termination of the furlough
22 or leave of absence, to the extent that the municipality has
23 not made such contribution on his or her behalf.

 

 

SB2362 Enrolled - 2 - LRB095 15085 AMC 41046 b

1     (c) Creditable service includes:
2         (1) Service in the military, naval or air forces of the
3     United States entered upon when the person was an active
4     firefighter, provided that, upon applying for a permanent
5     pension, and in accordance with the rules of the board the
6     firefighter pays into the fund the amount that would have
7     been contributed had he or she been a regular contributor
8     during such period of service, if and to the extent that
9     the municipality which the firefighter served made no such
10     contributions in his or her behalf. The total amount of
11     such creditable service shall not exceed 5 years, except
12     that any firefighter who on July 1, 1973 had more than 5
13     years of such creditable service shall receive the total
14     amount thereof as of that date.
15         (1.5) Up to 24 months of service in the military,
16     naval, or air forces of the United States that was served
17     prior to employment by a municipality or fire protection
18     district as a firefighter. To receive the credit for the
19     military service prior to the employment as a firefighter,
20     the firefighter must apply in writing to the fund and must
21     make contributions to the fund equal to (i) the employee
22     contributions that would have been required had the service
23     been rendered as a member, plus (ii) an amount determined
24     by the fund to be equal to the employer's normal cost of
25     the benefits accrued for that military service, plus (iii)
26     interest at the actuarially assumed rate provided by the

 

 

SB2362 Enrolled - 3 - LRB095 15085 AMC 41046 b

1     Department of Financial and Professional Regulation,
2     compounded annually from the first date of membership in
3     the fund to the date of payment on items (i) and (ii). The
4     changes to this paragraph (1.5) by this amendatory Act of
5     the 95th General Assembly apply only to participating
6     employees in service on or after its effective date.
7         (2) Service prior to July 1, 1976 by a firefighter
8     initially excluded from participation by reason of age who
9     elected to participate and paid the required contributions
10     for such service.
11         (3) Up to 8 years of service by a firefighter as an
12     officer in a statewide firefighters' association when he is
13     on a leave of absence from a municipality's payroll,
14     provided that (i) the firefighter has at least 10 years of
15     creditable service as an active firefighter, (ii) the
16     firefighter contributes to the fund the amount that he
17     would have contributed had he remained an active member of
18     the fund, and (iii) the employee or statewide firefighter
19     association contributes to the fund an amount equal to the
20     employer's required contribution as determined by the
21     board.
22         (4) Time spent as an on-call fireman for a
23     municipality, calculated at the rate of one year of
24     creditable service for each 5 years of time spent as an
25     on-call fireman, provided that (i) the firefighter has at
26     least 18 years of creditable service as an active

 

 

SB2362 Enrolled - 4 - LRB095 15085 AMC 41046 b

1     firefighter, (ii) the firefighter spent at least 14 years
2     as an on-call firefighter for the municipality, (iii) the
3     firefighter applies for such creditable service within 30
4     days after the effective date of this amendatory Act of
5     1989, (iv) the firefighter contributes to the Fund an
6     amount representing employee contributions for the number
7     of years of creditable service granted under this
8     subdivision (4), based on the salary and contribution rate
9     in effect for the firefighter at the date of entry into the
10     Fund, to be determined by the board, and (v) not more than
11     3 years of creditable service may be granted under this
12     subdivision (4).
13         Except as provided in Section 4-108.5, creditable
14     service shall not include time spent as a volunteer
15     firefighter, whether or not any compensation was received
16     therefor. The change made in this Section by Public Act
17     83-0463 is intended to be a restatement and clarification
18     of existing law, and does not imply that creditable service
19     was previously allowed under this Article for time spent as
20     a volunteer firefighter.
21         (5) Time served between July 1, 1976 and July 1, 1988
22     in the position of protective inspection officer or
23     administrative assistant for fire services, for a
24     municipality with a population under 10,000 that is located
25     in a county with a population over 3,000,000 and that
26     maintains a firefighters' pension fund under this Article,

 

 

SB2362 Enrolled - 5 - LRB095 15085 AMC 41046 b

1     if the position included firefighting duties,
2     notwithstanding that the person may not have held an
3     appointment as a firefighter, provided that application is
4     made to the pension fund within 30 days after the effective
5     date of this amendatory Act of 1991, and the corresponding
6     contributions are paid for the number of years of service
7     granted, based upon the salary and contribution rate in
8     effect for the firefighter at the date of entry into the
9     pension fund, as determined by the Board.
10         (6) Service before becoming a participant by a
11     firefighter initially excluded from participation by
12     reason of age who becomes a participant under the amendment
13     to Section 4-107 made by this amendatory Act of 1993 and
14     pays the required contributions for such service.
15         (7) Up to 3 years of time during which the firefighter
16     receives a disability pension under Section 4-110,
17     4-110.1, or 4-111, provided that (i) the firefighter
18     returns to active service after the disability for a period
19     at least equal to the period for which credit is to be
20     established and (ii) the firefighter makes contributions
21     to the fund based on the rates specified in Section 4-118.1
22     and the salary upon which the disability pension is based.
23     These contributions may be paid at any time prior to the
24     commencement of a retirement pension. The firefighter may,
25     but need not, elect to have the contributions deducted from
26     the disability pension or to pay them in installments on a

 

 

SB2362 Enrolled - 6 - LRB095 15085 AMC 41046 b

1     schedule approved by the board. If not deducted from the
2     disability pension, the contributions shall include
3     interest at the rate of 6% per year, compounded annually,
4     from the date for which service credit is being established
5     to the date of payment. If contributions are paid under
6     this subdivision (c)(7) in excess of those needed to
7     establish the credit, the excess shall be refunded. This
8     subdivision (c)(7) applies to persons receiving a
9     disability pension under Section 4-110, 4-110.1, or 4-111
10     on the effective date of this amendatory Act of the 91st
11     General Assembly, as well as persons who begin to receive
12     such a disability pension after that date.
13 (Source: P.A. 94-856, eff. 6-15-06.)
 
14     Section 90. The State Mandates Act is amended by adding
15 Section 8.32 as follows:
 
16     (30 ILCS 805/8.32 new)
17     Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8
18 of this Act, no reimbursement by the State is required for the
19 implementation of any mandate created by this amendatory Act of
20 the 95th General Assembly.
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.