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91_SB0856enr
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1 AN ACT to amend the Illinois Pension Code and the State
2 Mandates Act.
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 Sections 4-108, 4-109, 4-109.1, 4-109.2, 4-110,
7 4-110.1, 4-114, and 4-118.1 and adding Section 3-113.1 as
8 follows:
9 (40 ILCS 5/3-113.1 new)
10 Sec. 3-113.1. Minimum retirement, survivor, and
11 disability pensions.
12 (a) Beginning January 1, 1999, the minimum retirement
13 pension payable to a police officer with 20 or more years of
14 creditable service, the minimum disability pension payable
15 under Section 3-114.1, 3-114.2, or 3-114.3, and the minimum
16 surviving spouse's pension shall be $600 per month, without
17 regard to whether the police officer was in service on or
18 after the effective date of this amendatory Act of the 91st
19 General Assembly.
20 In the case of a pensioner whose pension began before the
21 effective date of this amendatory Act and is subject to
22 increase under this subsection (a), the pensioner shall be
23 entitled to a lump sum payment of the amount of that increase
24 accruing from January 1, 1999 (or the date the pension began,
25 if later) to the effective date of this amendatory Act.
26 (b) Beginning January 1, 2000, the minimum retirement
27 pension payable to a police officer with 20 or more years of
28 creditable service, the minimum disability pension payable
29 under Section 3-114.1, 3-114.2, or 3-114.3, and the minimum
30 surviving spouse's pension shall be $800 per month, without
31 regard to whether the police officer was in service on or
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1 after the effective date of this amendatory Act of the 91st
2 General Assembly.
3 (c) Beginning January 1, 2001, the minimum retirement
4 pension payable to a police officer with 20 or more years of
5 creditable service, the minimum disability pension payable
6 under Section 3-114.1, 3-114.2, or 3-114.3, and the minimum
7 surviving spouse's pension shall be $1000 per month, without
8 regard to whether the police officer was in service on or
9 after the effective date of this amendatory Act of the 91st
10 General Assembly.
11 (d) This Section does not grant a pension to any
12 surviving spouse who is not otherwise eligible to receive a
13 pension under this Article.
14 (40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
15 Sec. 4-108. Creditable service.
16 (a) Creditable service is the time served as a
17 firefighter of a municipality. In computing creditable
18 service, furloughs and leaves of absence without pay
19 exceeding 30 days in any one year shall not be counted, but
20 leaves of absence for illness or accident regardless of
21 length, and periods of disability for which a firefighter
22 received no disability pension payments under this Article,
23 shall be counted.
24 (b) Furloughs and leaves of absence of 30 days or less
25 in any one year may be counted as creditable service, if the
26 firefighter makes the contribution to the fund that would
27 have been required had he or she not been on furlough or
28 leave of absence. To qualify for this creditable service,
29 the firefighter must pay the required contributions to the
30 fund not more than 90 days subsequent to the termination of
31 the furlough or leave of absence, to the extent that the
32 municipality has not made such contribution on his or her
33 behalf.
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1 (c) Creditable service includes:
2 (1) Service in the military, naval or air forces of
3 the United States entered upon when the person was an
4 active firefighter, provided that, upon applying for a
5 permanent pension, and in accordance with the rules of
6 the board the firefighter pays into the fund the amount
7 that would have been contributed had he or she been a
8 regular contributor during such period of service, if and
9 to the extent that the municipality which the firefighter
10 served made no such contributions in his or her behalf.
11 The total amount of such creditable service shall not
12 exceed 5 years, except that any firefighter who on July
13 1, 1973 had more than 5 years of such creditable service
14 shall receive the total amount thereof as of that date.
15 (2) Service prior to July 1, 1976 by a firefighter
16 initially excluded from participation by reason of age
17 who elected to participate and paid the required
18 contributions for such service.
19 (3) Up to 8 years of service by a firefighter as an
20 officer in a statewide firefighters' association when he
21 is on a leave of absence from a municipality's payroll,
22 provided that (i) the firefighter has at least 10 years
23 of creditable service as an active firefighter, (ii) the
24 firefighter contributes to the fund the amount that he
25 would have contributed had he remained an active member
26 of the fund, and (iii) the employee or statewide
27 firefighter association contributes to the fund an amount
28 equal to the employer's required contribution as
29 determined by the board.
30 (4) Time spent as an on-call fireman for a
31 municipality, calculated at the rate of one year of
32 creditable service for each 5 years of time spent as an
33 on-call fireman, provided that (i) the firefighter has at
34 least 18 years of creditable service as an active
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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
9 rate in effect for the firefighter at the date of entry
10 into the Fund, to be determined by the board, and (v) not
11 more than 3 years of creditable service may be granted
12 under this subdivision (4).
13 Creditable service shall not under any other
14 circumstances 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
19 service was previously allowed under this Article for
20 time spent as a volunteer firefighter.
21 (5) Time served between July 1, 1976 and July 1,
22 1988 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
25 located in a county with a population over 3,000,000 and
26 that maintains a firefighters' pension fund under this
27 Article, if the position included firefighting duties,
28 notwithstanding that the person may not have held an
29 appointment as a firefighter, provided that application
30 is made to the pension fund within 30 days after the
31 effective date of this amendatory Act of 1991, and the
32 corresponding contributions are paid for the number of
33 years of service granted, based upon the salary and
34 contribution rate in effect for the firefighter at the
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1 date of entry into the pension fund, as determined by the
2 Board.
3 (6) Service before becoming a participant by a
4 firefighter initially excluded from participation by
5 reason of age who becomes a participant under the
6 amendment to Section 4-107 made by this amendatory Act of
7 1993 and pays the required contributions for such
8 service.
9 (7) Up to 3 years of time during which the
10 firefighter receives a disability pension under Section
11 4-110, 4-110.1, or 4-111, provided that (i) the
12 firefighter returns to active service after the
13 disability for a period at least equal to the period for
14 which credit is to be established and (ii) the
15 firefighter makes contributions to the fund based on the
16 rates specified in Section 4-118.1 and the salary upon
17 which the disability pension is based. These
18 contributions may be paid at any time prior to the
19 commencement of a retirement pension. The firefighter
20 may, but need not, elect to have the contributions
21 deducted from the disability pension or to pay them in
22 installments on a schedule approved by the board. If not
23 deducted from the disability pension, the contributions
24 shall include interest at the rate of 6% per year,
25 compounded annually, from the date for which service
26 credit is being established to the date of payment. If
27 contributions are paid under this subdivision (c)(7) in
28 excess of those needed to establish the credit, the
29 excess shall be refunded. This subdivision (c)(7)
30 applies to persons receiving a disability pension under
31 Section 4-110, 4-110.1, or 4-111 on the effective date of
32 this amendatory Act of the 91st General Assembly, as well
33 as persons who begin to receive such a disability pension
34 after that date.
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1 (Source: P.A. 89-52, eff. 6-30-95.)
2 (40 ILCS 5/4-109) (from Ch. 108 1/2, par. 4-109)
3 Sec. 4-109. Pension.
4 (a) A firefighter age 50 or more with 20 or more years
5 of creditable service, who is no longer in service as a
6 firefighter, shall receive a monthly pension of 1/2 the
7 monthly salary attached to the rank held by him or her in the
8 fire service at the date of retirement.
9 The monthly pension shall be increased by 1/12 of 2.5% 2%
10 service and 1/12 of 1%
12 of such monthly salary for each additional month over 30
13 years of service, to a maximum of 75% of such monthly salary.
14 The changes made to this subsection (a) by this
15 amendatory Act of the 91st General Assembly apply to all
16 pensions that become payable under this subsection on or
17 after January 1, 1999. All pensions payable under this
18 subsection that began on or after January 1, 1999 and before
19 the effective date of this amendatory Act shall be
20 recalculated, and the amount of the increase accruing for
21 that period shall be payable to the pensioner in a lump sum.
22 (b) A firefighter who retires or is separated from
23 service having at least 10 but less than 20 years of
24 creditable service, who is not entitled to receive a
25 disability pension, and who did not apply for a refund of
26 contributions at his or her last separation from service
27 shall receive a monthly pension upon attainment of age 60
28 based on the monthly salary attached to his or her rank in
29 the fire service on the date of retirement or separation from
30 service according to the following schedule:
31 For 10 years of service, 15% of salary;
32 For 11 years of service, 17.6% of salary;
33 For 12 years of service, 20.4% of salary;
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1 For 13 years of service, 23.4% of salary;
2 For 14 years of service, 26.6% of salary;
3 For 15 years of service, 30% of salary;
4 For 16 years of service, 33.6% of salary;
5 For 17 years of service, 37.4% of salary;
6 For 18 years of service, 41.4% of salary;
7 For 19 years of service, 45.6% of salary.
8 (Source: P.A. 83-1440.)
9 (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
10 Sec. 4-109.1. Increase in pension.
11 (a) Except as provided in subsection (e), the monthly
12 pension of a firefighter who retires after July 1, 1971 and
13 prior to January 1, 1986, shall, upon either the first of the
14 month following the first anniversary of the date of
15 retirement if 60 years of age or over at retirement date, or
16 upon the first day of the month following attainment of age
17 60 if it occurs after the first anniversary of retirement, be
18 increased by 2% of the originally granted monthly pension and
19 by an additional 2% in each January thereafter. Effective
20 January 1976, the rate of the annual increase shall be 3% of
21 the originally granted monthly pension.
22 (b) The monthly pension of a firefighter who retired
23 from service with 20 or more years of service, on or before
24 July 1, 1971, shall be increased, in January of the year
25 following the year of attaining age 65 or in January 1972, if
26 then over age 65, by 2% of the originally granted monthly
27 pension, for each year the firefighter received pension
28 payments. In each January thereafter, he or she shall
29 receive an additional increase of 2% of the original monthly
30 pension. Effective January 1976, the rate of the annual
31 increase shall be 3%.
32 (c) The monthly pension of a firefighter who is
33 receiving a disability pension under this Article shall be
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1 increased, in January of the year following the year the
2 firefighter attains age 60, or in January 1974, if then over
3 age 60, by 2% of the originally granted monthly pension for
4 each year he or she received pension payments. In each
5 January thereafter, the firefighter shall receive an
6 additional increase of 2% of the original monthly pension.
7 Effective January 1976, the rate of the annual increase shall
8 be 3%.
9 (c-1) On January 1, 1998, every child's disability
10 benefit payable on that date under Section 4-110 or 4-110.1
11 shall be increased by an amount equal to 1/12 of 3% of the
12 amount of the benefit, multiplied by the number of months for
13 which the benefit has been payable. On each January 1
14 thereafter, every child's disability benefit payable under
15 Section 4-110 or 4-110.1 shall be increased by 3% of the
16 amount of the benefit then being paid, including any previous
17 increases received under this Article. These increases are
18 not subject to any limitation on the maximum benefit amount
19 included in Section 4-110 or 4-110.1.
20 (d) The monthly pension of a firefighter who retires
21 after January 1, 1986, shall, upon either the first of the
22 month following the first anniversary of the date of
23 retirement if 55 years of age or over at retirement date, or
24 upon the first day of the month following attainment of age
25 55 if it occurs after the first anniversary of retirement, be
26 increased by 1/12 of 3% of the originally granted monthly
27 pension for each full month year that has elapsed since the
28 pension began, and by an additional 3% in each January
29 thereafter.
30 The changes made to this subsection (d) by this
31 amendatory Act of the 91st General Assembly apply to all
32 initial increases that become payable under this subsection
33 on or after January 1, 1999. All initial increases that
34 became payable under this subsection on or after January 1,
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1 1999 and before the effective date of this amendatory Act
2 shall be recalculated and the additional amount accruing for
3 that period, if any, shall be payable to the pensioner in a
4 lump sum.
5 (e) Notwithstanding the provisions of subsection (a),
6 upon the first day of the month following (1) the first
7 anniversary of the date of retirement, or (2) the attainment
8 of age 55, or (3) July 1, 1987, whichever occurs latest, the
9 monthly pension of a firefighter who retired on or after
10 January 1, 1977 and on or before January 1, 1986 and did not
11 receive an increase under subsection (a) before July 1, 1987,
12 shall be increased by 3% of the originally granted monthly
13 pension for each full year that has elapsed since the pension
14 began, and by an additional 3% in each January thereafter.
15 The increases provided under this subsection are in lieu of
16 the increases provided in subsection (a).
17 (Source: P.A. 90-32, eff. 6-27-97.)
18 (40 ILCS 5/4-109.2) (from Ch. 108 1/2, par. 4-109.2)
19 Sec. 4-109.2. Minimum pension.
20 (a) Beginning January 1, 1984, the minimum disability
21 pension granted under Section 4-110 or 4-111, the minimum
22 surviving spouse's pension, and the minimum retirement
23 pension granted to a firefighter with 20 or more years of
24 creditable service, shall be $300 per month, without regard
25 to whether the death, disability or retirement of the
26 firefighter occurred prior to that date.
27 Beginning July 1, 1987, the minimum retirement pension
28 payable to a firefighter with 20 or more years of creditable
29 service, the minimum disability pension payable under Section
30 4-110 or 4-111, and the minimum surviving spouse's pension
31 shall be $400 per month, without regard to whether the death,
32 retirement or disability of the firefighter occurred prior to
33 that date.
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1 Beginning July 1, 1993, the minimum retirement pension
2 payable to a firefighter with 20 or more years of creditable
3 service and the minimum surviving spouse's pension shall be
4 $475 per month, without regard to whether the firefighter was
5 in service on or after the effective date of this amendatory
6 Act of 1993.
7 (b) Beginning January 1, 1999, the minimum retirement
8 pension payable to a firefighter with 20 or more years of
9 creditable service, the minimum disability pension payable
10 under Section 4-110, 4-110.1, or 4-111, and the minimum
11 surviving spouse's pension shall be $600 per month, without
12 regard to whether the firefighter was in service on or after
13 the effective date of this amendatory Act of the 91st General
14 Assembly.
15 In the case of a pensioner whose pension began before the
16 effective date of this amendatory Act and is subject to
17 increase under this subsection (b), the pensioner shall be
18 entitled to a lump sum payment of the amount of that increase
19 accruing from January 1, 1999 (or the date the pension began,
20 if later) to the effective date of this amendatory Act.
21 (c) Beginning January 1, 2000, the minimum retirement
22 pension payable to a firefighter with 20 or more years of
23 creditable service, the minimum disability pension payable
24 under Section 4-110, 4-110.1, or 4-111, and the minimum
25 surviving spouse's pension shall be $800 per month, without
26 regard to whether the firefighter was in service on or after
27 the effective date of this amendatory Act of the 91st General
28 Assembly.
29 (d) Beginning January 1, 2001, the minimum retirement
30 pension payable to a firefighter with 20 or more years of
31 creditable service, the minimum disability pension payable
32 under Section 4-110, 4-110.1, or 4-111, and the minimum
33 surviving spouse's pension shall be $1000 per month, without
34 regard to whether the firefighter was in service on or after
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1 the effective date of this amendatory Act of the 91st General
2 Assembly.
3 (Source: P.A. 87-1265.)
4 (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
5 Sec. 4-110. Disability pension - Line of duty. If a
6 firefighter, as the result of sickness, accident or injury
7 incurred in or resulting from the performance of an act of
8 duty or from the cumulative effects of acts of duty, is
9 found, pursuant to Section 4-112, to be physically or
10 mentally permanently disabled for service in the fire
11 department, so as to render necessary his or her being placed
12 on disability pension, the firefighter shall be entitled to a
13 disability pension equal to the greater of (1) 65% of the
14 monthly salary attached to the rank held by him or her in the
15 fire department at the date he or she is removed from the
16 municipality's fire department payroll or (2) the retirement
17 pension that the firefighter would be eligible to receive if
18 he or she retired (but not including any automatic annual
19 increase in that retirement pension). A firefighter shall be
20 considered "on duty" while on any assignment approved by the
21 chief of the fire department, even though away from the
22 municipality he or she serves as a firefighter, if the
23 assignment is related to the fire protection service of the
24 municipality.
25 Such firefighter shall also be entitled to a child's
26 disability benefit of $20 a month on account of each
27 unmarried child less than 18 years of age and dependent upon
28 the firefighter for support, either the issue of the
29 firefighter or legally adopted by him or her. The total
30 amount of child's disability benefit payable to the
31 firefighter, when added to his or her disability pension,
32 shall not exceed 75% of the amount of salary which the
33 firefighter was receiving at the date of retirement.
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1 Benefits payable on account of a child under this Section
2 shall not be reduced or terminated by reason of the child's
3 attainment of age 18 if he or she is then dependent by reason
4 of a physical or mental disability but shall continue to be
5 paid as long as such dependency continues. Individuals over
6 the age of 18 and adjudged to be disabled persons pursuant to
7 Article XIa of the Probate Act of 1975, except for persons
8 receiving benefits under Article III of the Illinois Public
9 Aid Code, shall be eligible to receive benefits under this
10 Act.
11 If a firefighter dies while still disabled and receiving
12 a disability pension under this Section, the disability
13 pension shall continue to be paid to the firefighter's
14 survivors but shall, from the date of death, become subject
15 to the requirements, including limitations on amount, that
16 are provided for pensions to survivors under Section 4-114.
17 A pension previously granted under Section 4-114 to a
18 survivor of a firefighter who died while receiving a
19 disability pension under this Section shall be deemed to be a
20 continuation of the pension provided under this Section and
21 shall be deemed to be in the nature of worker's compensation
22 payments. The changes to this Section made by this
23 amendatory Act of 1995 are intended to be retroactive and are
24 not limited to persons in service on or after its effective
25 date.
26 (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)
27 (40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1)
28 Sec. 4-110.1. Occupational disease disability pension.
29 The General Assembly finds that service in the fire
30 department requires firefighters in times of stress and
31 danger to perform unusual tasks; that firefighters are
32 subject to exposure to extreme heat or extreme cold in
33 certain seasons while performing their duties; that they are
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1 required to work in the midst of and are subject to heavy
2 smoke fumes, and carcinogenic, poisonous, toxic or chemical
3 gases from fires; and that these conditions exist and arise
4 out of or in the course of employment.
5 An active firefighter with 5 or more years of creditable
6 service who is found, pursuant to Section 4-112, unable to
7 perform his or her duties in the fire department by reason of
8 heart disease, stroke, tuberculosis, or any disease of the
9 lungs or respiratory tract, resulting from service as a
10 firefighter, is entitled to an occupational disease
11 disability pension during any period of such disability for
12 which he or she has no right to receive salary.
13 Any active firefighter who has completed 5 or more years
14 of service and is unable to perform his or her duties in the
15 fire department by reason of a disabling cancer, which
16 develops or manifests itself during a period while the
17 firefighter is in the service of the fire department, shall
18 be entitled to receive an occupational disease disability
19 benefit during any period of such disability for which he or
20 she does not have a right to receive salary. In order to
21 receive this occupational disease disability benefit, (i) the
22 type of cancer involved must be a type which may be caused by
23 exposure to heat, radiation or a known carcinogen as defined
24 by the International Agency for Research on Cancer and (ii)
25 the cancer must (and is rebuttably presumed to) arise as a
26 result of service as a firefighter.
27 A firefighter who enters the service after August 27,
28 1971 shall be examined by one or more practicing physicians
29 appointed by the board. If the examination discloses
30 impairment of the heart, lungs or respiratory tract, or the
31 existence of any cancer, the firefighter shall not be
32 entitled to the occupational disease disability pension
33 unless and until a subsequent examination reveals no such
34 impairment or cancer.
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1 The occupational disease disability pension shall be
2 equal to the greater of (1) 65% of the salary attached to the
3 rank held by the firefighter in the fire service at the time
4 of his or her removal from the municipality's fire department
5 payroll or (2) the retirement pension that the firefighter
6 would be eligible to receive if he or she retired (but not
7 including any automatic annual increase in that retirement
8 pension).
9 The firefighter is also entitled to a child's disability
10 benefit of $20 a month for each natural or legally adopted
11 unmarried child less than age 18 dependent upon the
12 firefighter for support. The total child's disability
13 benefit when added to the occupational disease disability
14 pension shall not exceed 75% of the firefighter's salary at
15 the time of the grant of occupational disease disability
16 pension.
17 The occupational disease disability pension is payable to
18 the firefighter during the period of the disability. If the
19 disability ceases before the death of the firefighter, the
20 disability pension payable under this Section shall also
21 cease and the firefighter thereafter shall receive such
22 pension benefits as are provided in accordance with other
23 provisions of this Article.
24 If a firefighter dies while still disabled and receiving
25 a disability pension under this Section, the disability
26 pension shall continue to be paid to the firefighter's
27 survivors but shall, from the date of death, become subject
28 to the requirements, including limitations on amount, that
29 are provided for pensions to survivors under Section 4-114.
30 A pension previously granted under Section 4-114 to a
31 survivor of a firefighter who died while receiving a
32 disability pension under this Section shall be deemed to be a
33 continuation of the pension provided under this Section and
34 shall be deemed to be in the nature of worker's occupational
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1 disease compensation payments. The changes to this Section
2 made by this amendatory Act of 1995 are intended to be
3 retroactive and are not limited to persons in service on or
4 after its effective date.
5 The child's disability benefit shall terminate if the
6 disability ceases while the firefighter is alive or when the
7 child or children attain age 18 or marry, whichever event
8 occurs first, except that benefits payable on account of a
9 child under this Section shall not be reduced or terminated
10 by reason of the child's attainment of age 18 if he or she is
11 then dependent by reason of a physical or mental disability
12 but shall continue to be paid as long as such dependency
13 continues. Individuals over the age of 18 and adjudged as a
14 disabled person pursuant to Article XIa of the Probate Act of
15 1975, except for persons receiving benefits under Article III
16 of the Illinois Public Aid Code, shall be eligible to receive
17 benefits under this Act.
18 (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)
19 (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
20 Sec. 4-114. Pension to survivors. If a firefighter who
21 is not receiving a disability pension under Section 4-110 or
22 4-110.1 dies (1) as a result of any illness or accident, or
23 (2) from any cause while in receipt of a disability pension
24 under this Article, or (3) during retirement after 20 years
25 service, or (4) while vested for or in receipt of a pension
26 payable under subsection (b) of Section 4-109, or (5) while a
27 deferred pensioner, having made all required contributions, a
28 pension shall be paid to his or her survivors, based on the
29 monthly salary attached to the firefighter's rank on the last
30 day of service in the fire department, as follows:
31 (a) To the surviving spouse, a monthly pension of 40% of
32 the monthly salary, and to the guardian of any minor child or
33 children including a child which has been conceived but not
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1 yet born, 12% of such monthly salary for each such child
2 until attainment of age 18 or until the child's marriage,
3 whichever occurs first. Beginning July 1, 1993, the monthly
4 pension to the surviving spouse shall be 54% of the monthly
5 salary for all persons receiving a surviving spouse pension
6 under this Article, regardless of whether the deceased
7 firefighter was in service on or after the effective date of
8 this amendatory Act of 1993.
9 The pension to the surviving spouse shall terminate in
10 the event of the surviving spouse's remarriage prior to July
11 1, 1993; remarriage on or after that date does not affect the
12 surviving spouse's pension, regardless of whether the
13 deceased firefighter was in service on or after the effective
14 date of this amendatory Act of 1993.
15 The surviving spouse's pension shall be subject to the
16 minimum established in Section 4-109.2.
17 (b) Upon the death of the surviving spouse leaving one
18 or more minor children, to the duly appointed guardian of
19 each such child, for support and maintenance of each such
20 child until the child reaches age 18 or marries, whichever
21 occurs first, a monthly pension of 20% of the monthly salary.
22 (c) If a deceased firefighter leaves no surviving spouse
23 or unmarried minor children under age 18, but leaves a
24 dependent father or mother, to each dependent parent a
25 monthly pension of 18% of the monthly salary. To qualify for
26 the pension, a dependent parent must furnish satisfactory
27 proof that the deceased firefighter was at the time of his or
28 her death the sole supporter of the parent or that the parent
29 was the deceased's dependent for federal income tax purposes.
30 (d) The total pension provided under paragraphs (a), (b)
31 and (c) of this Section shall not exceed 75% of the monthly
32 salary of the deceased firefighter (1) when paid to the
33 survivor of a firefighter who has attained 20 or more years
34 of service credit and who receives or is eligible to receive
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1 a retirement pension under this Article, or (2) when paid to
2 the survivor of a firefighter who dies as a result of illness
3 or accident, or (3) when paid to the survivor of a
4 firefighter who dies from any cause while in receipt of a
5 disability pension under this Article, or (4) when paid to
6 the survivor of a deferred pensioner. For all other
7 survivors of deceased firefighters, the total pension
8 provided under paragraphs (a), (b) and (c) of this Section
9 shall not exceed 50% of the retirement annuity the
10 firefighter would have received on the date of death.
11 (e) If a firefighter leaves no eligible survivors under
12 paragraphs (a), (b) and (c), the board shall refund to the
13 firefighter's estate the amount of his or her accumulated
14 contributions, less the amount of pension payments, if any,
15 made to the firefighter while living.
16 (f) An adopted child is eligible for the pension
17 provided under paragraph (a) if the child was adopted before
18 the firefighter attained age 50.
19 (g) If a judgment of dissolution of marriage between a
20 firefighter and spouse is judicially set aside subsequent to
21 the firefighter's death, the surviving spouse is eligible for
22 the pension provided in paragraph (a) only if the judicial
23 proceedings are filed within 2 years after the date of the
24 dissolution of marriage and within one year after the
25 firefighter's death and the board is made a party to the
26 proceedings. In such case the pension shall be payable only
27 from the date of the court's order setting aside the judgment
28 of dissolution of marriage.
29 (h) Benefits payable on account of a child under this
30 Section shall not be reduced or terminated by reason of the
31 child's attainment of age 18 if he or she is then dependent
32 by reason of a physical or mental disability but shall
33 continue to be paid as long as such dependency continues.
34 Individuals over the age of 18 and adjudged as a disabled
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1 person pursuant to Article XIa of the Probate Act of 1975,
2 except for persons receiving benefits under Article III of
3 the Illinois Public Aid Code, shall be eligible to receive
4 benefits under this Act.
5 (i) Beginning January 1, 2000, the pension of the
6 surviving spouse of a firefighter who dies on or after
7 January 1, 1994 as a result of sickness, accident, or injury
8 incurred in or resulting from the performance of an act of
9 duty or from the cumulative effects of acts of duty shall not
10 be less than 100% of the salary attached to the rank held by
11 the deceased firefighter on the last day of service,
12 notwithstanding subsection (d) or any other provision of this
13 Article.
14 (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)
15 (40 ILCS 5/4-118.1) (from Ch. 108 1/2, par. 4-118.1)
16 Sec. 4-118.1. Contributions by firefighters. Beginning
17 January 1, 1976 and until the effective date of this
18 amendatory Act of the 91st General Assembly, each firefighter
19 shall contribute to the pension fund 6 3/4% of salary towards
20 the cost of his or her pension. Beginning on the effective
21 date of this amendatory Act of the 91st General Assembly,
22 each firefighter shall contribute to the pension fund 6.955%
23 of salary towards the cost of his or her pension.
24 In addition, beginning January 1, 1976, each firefighter
25 shall contribute 1% of salary toward the cost of the increase
26 in pension provided in Section 4-109.1; beginning January 1,
27 1987, such contribution shall be 1.5% of salary.
28 "Salary" means the annual salary, including longevity,
29 attached to the firefighter's rank, as established by the
30 municipality appropriation ordinance, including any
31 compensation for overtime which is included in the salary so
32 established, but excluding any "overtime pay", "holiday pay",
33 "bonus pay", "merit pay", or any other cash benefit not
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1 included in the salary so established.
2 The contributions shall be deducted and withheld from the
3 salary of firefighters.
4 (Source: P.A. 84-1472.)
5 Section 90. The State Mandates Act is amended by adding
6 Section 8.23 as follows:
7 (30 ILCS 805/8.23 new)
8 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
9 and 8 of this Act, no reimbursement by the State is required
10 for the implementation of any mandate created by this
11 amendatory Act of the 91st General Assembly.
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.
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