|
(3) any interest paid by the applicant in order to |
reinstate service. |
Participation in the police pension fund with respect to |
the transferred creditable service shall terminate on the date |
of transfer. |
(a-5) At any time during the
6 months following the |
effective date of this amendatory Act of the 102nd General |
Assembly, an active member of an Article 4 firefighters' |
pension fund may apply for transfer to that fund of up to 8 |
years of his or her creditable service accumulated
in a police |
pension fund under this Article that is administered by a unit |
of local government if that active member was not subject to |
disciplinary action when he or she terminated employment with |
that police department. The creditable service shall be |
transferred upon payment by
the police pension fund to the |
Article 4 fund of an amount
equal to: |
(1) the amounts accumulated to the credit of the |
applicant on the books
of the fund on the date of transfer |
for the service to be transferred; and |
(2) employer contributions in an amount equal to the |
amount determined
under item (1); and |
(3) any interest paid by the applicant in order to |
reinstate service. |
Participation in the police pension fund with respect to |
the transferred creditable service shall terminate on the date |
of transfer. |
|
(b) At the time of applying for transfer of creditable |
service under this Section, an active member of an Article 4 |
firefighters' pension fund may, for the purpose of that |
transfer, reinstate creditable service that was
terminated by |
receipt of a refund, by payment to the police pension fund of |
the
amount of the refund with interest thereon at the rate of |
6% per year,
compounded annually, from the date of the refund |
to the date of payment.
|
(Source: P.A. 100-544, eff. 11-8-17.)
|
(40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
|
Sec. 4-108. Creditable service.
|
(a) Creditable service is the time served as a firefighter |
of a
municipality. In computing creditable service, furloughs |
and leaves of
absence without pay exceeding 30 days in any one |
year shall not be counted,
but leaves of absence for illness or |
accident regardless of length, and
periods of disability for |
which a firefighter received no disability
pension payments |
under this Article, shall be counted.
|
(b) Furloughs and leaves of absence of 30 days or less in |
any one year may
be counted as creditable service, if the |
firefighter makes the contribution
to the fund that would have |
been required had he or she not been
on furlough or leave of |
absence. To qualify for this creditable service,
the |
firefighter must pay the required contributions to the fund |
not more
than 90 days subsequent to the termination of the |
|
furlough or leave of
absence, to the extent that the |
municipality has not made such contribution
on his or her |
behalf.
|
(c) Creditable service includes:
|
(1) Service in the military, naval or air forces of |
the
United States entered upon when the person was an |
active
firefighter, provided
that, upon applying for a |
permanent pension, and in accordance with the
rules of the |
board the firefighter pays into the fund the amount that |
would
have been contributed had he or she been a regular |
contributor during such
period of service, if and to the |
extent that the municipality which the
firefighter served |
made no such contributions in his or her behalf. The
total |
amount of such creditable service shall not exceed 5 |
years, except
that any firefighter who on July 1, 1973 had |
more than 5 years of such
creditable service shall receive |
the total amount thereof as of that date.
|
(1.5) Up to 24 months of service in the military, |
naval, or air forces of the United States that was served |
prior to employment by a municipality or fire protection |
district as a firefighter. To receive the credit for the |
military service prior to the employment as a firefighter, |
the firefighter must apply in writing to the fund and must |
make contributions to the fund equal to (i) the employee |
contributions that would have been required had the |
service been rendered as a member, plus (ii) an amount |
|
determined by the fund to be equal to the employer's |
normal cost of the benefits accrued for that military |
service, plus (iii) interest at the actuarially assumed |
rate provided by the Department of Financial and |
Professional Regulation, compounded annually from the |
first date of membership in the fund to the date of payment |
on items (i) and (ii). The changes to this paragraph (1.5) |
by this amendatory Act of the 95th General Assembly apply |
only to participating employees in service on or after its |
effective date. |
(2) Service prior to July 1, 1976 by a firefighter |
initially excluded
from participation by reason of age who |
elected to participate and paid
the required contributions |
for such service.
|
(3) Up to 8 years of service by a firefighter as an |
officer in a statewide
firefighters' association when he |
is on a leave of absence from a
municipality's payroll, |
provided that (i) the firefighter has at least 10
years of |
creditable service as an active firefighter, (ii) the |
firefighter
contributes to the fund the amount that he |
would have contributed had he
remained an active member of |
the fund, (iii) the employee or statewide
firefighter |
association contributes to the fund an amount equal to the
|
employer's required contribution as determined by the |
board, and (iv) for all leaves of absence under this |
subdivision (3), including those beginning before the |
|
effective date of this amendatory Act of the 97th General |
Assembly, the firefighter continues to remain in sworn |
status, subject to the professional standards of the |
public employer or those terms established in statute.
|
(4) Time spent as an on-call fireman for a |
municipality,
calculated at the rate of one year of |
creditable service for each 5 years
of time spent as an |
on-call fireman, provided that (i) the firefighter has
at |
least 18 years of creditable service as an active |
firefighter, (ii) the
firefighter spent at least 14 years |
as an on-call firefighter for the
municipality, (iii) the |
firefighter applies for such creditable service
within 30 |
days after the effective date of this amendatory Act of |
1989,
(iv) the firefighter contributes to the Fund an |
amount representing
employee contributions for the number |
of years of creditable service
granted under this |
subdivision (4), based on the salary and contribution
rate |
in effect for the firefighter at the date of entry into the |
Fund, to
be determined by the board, and (v) not more than |
3 years of creditable
service may be granted under this |
subdivision (4).
|
Except as provided in Section 4-108.5, creditable |
service shall not
include time
spent as a volunteer |
firefighter, whether or not any compensation was received
|
therefor. The change made in this Section by Public Act |
83-0463 is intended
to be a restatement and clarification |
|
of existing law, and does not imply
that creditable |
service was previously allowed under this Article for time
|
spent as a volunteer firefighter.
|
(5) Time served between July 1, 1976 and July 1, 1988 |
in
the position of protective inspection officer or |
administrative assistant
for fire services, for a |
municipality with a population under 10,000 that is
|
located in a county with a population over 3,000,000 and |
that maintains a
firefighters' pension fund under this |
Article, if the position included
firefighting duties, |
notwithstanding that the person may not have held an
|
appointment as a firefighter, provided that application is |
made to the
pension fund within 30 days after the |
effective date of this amendatory Act
of 1991, and the |
corresponding contributions are paid for the number of
|
years of service granted, based upon the salary and |
contribution rate in
effect for the firefighter at the |
date of entry into the pension fund, as
determined by the |
Board.
|
(6) Service before becoming a participant by a |
firefighter initially
excluded from participation by |
reason of age who becomes a participant
under the |
amendment to Section 4-107 made by this amendatory Act of |
1993 and
pays the required contributions for such service.
|
(7) Up to 3 years of time during which the firefighter |
receives a
disability pension under Section 4-110, |
|
4-110.1, or 4-111, provided that (i)
the firefighter |
returns to active service after the disability for a |
period at
least equal to the period for which credit is to |
be established and (ii) the
firefighter makes |
contributions to the fund based on the rates specified in
|
Section 4-118.1 and the salary upon which the disability |
pension is based.
These contributions may be paid at any |
time prior to the commencement of a
retirement pension. |
The firefighter may, but need not, elect to have the
|
contributions deducted from the disability pension or to |
pay them in
installments on a schedule approved by the |
board. If not deducted from the
disability pension, the |
contributions
shall include interest at the rate of 6% per |
year, compounded annually, from
the date for which service |
credit is being established to the date of payment.
If |
contributions are paid under this subdivision (c)(7) in |
excess of those
needed to establish the credit, the excess |
shall be refunded. This
subdivision (c)(7) applies to |
persons receiving a disability pension under
Section |
4-110, 4-110.1, or 4-111 on the effective date of this |
amendatory Act
of the 91st General Assembly, as well as |
persons who begin to receive such a
disability pension |
after that date.
|
(8) Up to 6 years of service as a police officer and |
participant in an Article 3 police pension fund |
administered by the unit of local government that employs |
|
the firefighter under this Article, provided that the |
service has been transferred to, and the required payment |
received by, the Article 4 fund in accordance with |
subsection (a) of Section 3-110.12 of this Code. |
(9) Up to 8 years of service as a police officer and
|
participant in an Article 3 police pension fund |
administered by a unit of local government, provided that |
the service has been transferred to, and the required |
payment received by, the Article 4 fund in accordance with |
subsection (a-5) of Section 3-110.12 of this Code. |
(Source: P.A. 100-544, eff. 11-8-17.)
|
Section 90. The State Mandates Act is amended by adding |
Section 8.45 as follows:
|
(30 ILCS 805/8.45 new) |
Sec. 8.45. 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 102nd General Assembly.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|