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91_HB0398eng
HB0398 Engrossed LRB9101512EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 4-113.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 4-113 as follows:
7 (40 ILCS 5/4-113) (from Ch. 108 1/2, par. 4-113)
8 Sec. 4-113. Disability pension option.
9 (a) A firefighter who has not completed at least 20
10 years of creditable service and is receiving a disability
11 pension under this Article whose disability continues for a
12 period which when added to his or her period of active
13 service equals 20 years may, if age 50 or over, elect to
14 retire from the fire service by submitting written
15 application to the board. A firefighter exercising such
16 option shall be entitled to continue to receive a retirement
17 pension equal in amount to the disability pension he or she
18 was entitled to as a disabled firefighter on the date he or
19 she was removed from the municipality's payroll for
20 disability. A firefighter electing to exercise such option
21 shall be entitled to the automatic increase in pension
22 provided under subsection (a) of Section 4-109.1.
23 (b) A firefighter who is receiving a disability pension
24 under this Article who has sufficient creditable service to
25 qualify for a retirement pension and is age 50 or more may
26 elect to permanently retire from the fire service at any time
27 by submitting written application to the board. The salary
28 to be used in the determination of such firefighter's pension
29 shall be based on the salary attached to the rank held by the
30 firefighter in the fire service at the date of the election
31 to retire. All other conditions in the computation of the
HB0398 Engrossed -2- LRB9101512EGfg
1 pension shall be based upon the provisions of Section 4-109
2 which were applicable to the firefighter while he or she was
3 in active service as an employee. A firefighter electing to
4 exercise such option shall be entitled to the automatic
5 increase in pension provided under subsection (a) of Section
6 4-109.1.
7 (Source: P.A. 83-1440.)
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