Public Act 102-0081
 
SB0167 EnrolledLRB102 10002 RPS 15320 b


  
    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 4-109.3 as follows:
 
    (40 ILCS 5/4-109.3)

    Sec. 4-109.3. Employee creditable service.
    (a) As used in this Section:

    "Final monthly salary" means the monthly salary attached 
to the rank held by
the firefighter at the time of his or her 
last withdrawal from service under a
particular pension fund.

    "Last pension fund" means the pension fund in which the 
firefighter was
participating at the time of his or her last 
withdrawal from service.

    (b) The benefits provided under this Section are available 
only to a
firefighter who:

        (1) is a firefighter at the time of withdrawal from 
    the last
pension fund and for at least the final 3 years of 
    employment prior to that
withdrawal;

        (2) has established service credit with at least one 
    pension fund
established under this Article other than the 
    last pension fund;

        (3) has a total of at least 20 years of service under 
    the various
pension funds established under this Article 
    and has attained age 50; and

        (4) is in service on or after the effective date of 
    this amendatory Act of
the 93rd General Assembly.

    (c) A firefighter who is eligible for benefits under this 
Section may elect
to receive a retirement pension from each 
pension fund under this Article in
which the firefighter has 
at least one year of service credit but has not received a 
refund under Section 4-116 (unless the firefighter repays that 
refund under subsection (g)) or subsection (c) of Section 
4-118.1, by applying in
writing and paying the contribution 
required under subsection (i).

    (d) From each such pension fund other than the last 
pension fund, in lieu
of any retirement pension otherwise 
payable under this Article, a firefighter
to whom this Section 
applies may elect to receive a monthly pension of 1/12th
of 
2.5% of his or her final monthly salary under that fund for 
each month of
service in that fund, subject to a maximum of 75% 
of that final monthly salary.

    (e) From the last pension fund, in lieu of any retirement 
pension otherwise
payable under this Article, a firefighter to 
whom this Section applies may
elect to receive a monthly 
pension calculated as follows:

    The last pension fund shall calculate the retirement 
pension that
would be payable to the firefighter under 
subsection (a) of Section 4-109 as if he
or she had

participated in that last pension fund during his or her 
entire period of
service under all pension funds established 
under this Article (excluding any period of service for which 
the firefighter has received a refund under Section 4-116, 
unless the firefighter repays that refund under subsection 
(g), or for which the firefighter has received a refund under 
subsection (c) of Section 4-118.1).
From this hypothetical 
pension there shall be subtracted the original amounts
of the 
retirement pensions payable to the firefighter by all other 
pension
funds under subsection (d).  The remainder is the 
retirement pension payable
to the firefighter by the last 
pension fund under this subsection (e).

    (f) Pensions elected under this Section shall be subject 
to increases as
provided in subsection (d) of Section 4-109.1.

    (g) A current firefighter may reinstate creditable service 
in a
pension fund established under this Article that was 
terminated upon receipt of
a refund, by payment to that 
pension fund of the amount of the refund together
with 
interest thereon at the rate of 6% per year, compounded 
annually, from the
date of the refund to the date of payment.  A 
repayment of a refund under this
Section may be made in equal 
installments over a period of up to 10 years, but
must be paid 
in full prior to retirement.

    (h) As a condition of being eligible for the benefits 
provided in this Section, a person who is hired to a position 
as a firefighter on or after July 1, 2004 must, within 21 
months after being hired, notify
the new employer, all of his 
or her previous employers under this Article, and
the Public 
Pension Division of the Division of Insurance of the 
Department of Financial and Professional Regulation of his or 
her intent to receive the benefits provided under this 
Section.

    As a condition of being eligible for the benefits provided 
in this Section, a person who first becomes a firefighter 
under this Article after December 31, 2010 must (1) within 21 
months after being hired or within 21 months after the 
effective date of this amendatory Act of the 102nd General 
Assembly, whichever is later, notify the new employer, all of 
his or her previous employers under this Article, and the 
Public Pension Division of the Department of Insurance of his 
or her intent to receive the benefits provided under this 
Section; and (2) make the required contributions with 
applicable interest. A person who first becomes a firefighter 
under this Article after December 31, 2010 and who, before the 
effective date of this amendatory Act of the 102nd General 
Assembly, notified the new employer, all of his or her 
previous employers under this Article, and the Public Pension 
Division of the Department of Insurance of his or her intent to 
receive the benefits provided under this Section shall be 
deemed to have met the notice requirement under item (1) of the 
preceding sentence. The changes made to this Section by this 
amendatory Act of the 102nd General Assembly apply 
retroactively, notwithstanding Section 1-103.1. 
    (i) In order to receive a pension under this Section or an 
occupational disease disability pension for which he or she 
becomes eligible due to the application of subsection (m) of 
this Section, a firefighter must
pay to each pension fund from 
which he or she has elected to receive a pension under this 
Section a contribution equal to 1% of
monthly salary for each 
month of service credit that the firefighter has in
that fund 
(other than service credit for which the firefighter has 
already
paid the additional contribution required under 
subsection (c) of Section
4-118.1), together with interest 
thereon at the rate of 6% per annum, compounded
annually, from 
the firefighter's first day of employment with that fund or 
the first day of the fiscal year of that fund that immediately 
precedes the firefighter's first day of employment with that 
fund, whichever is earlier.
    In order for a firefighter who, as of the effective date of 
this amendatory Act of the 93rd General Assembly, has not 
begun to receive a pension under this Section or an 
occupational disease disability pension under subsection (m) 
of this Section and who has contributed 1/12th of 1% of monthly 
salary for each month of service credit that the firefighter 
has in
that fund (other than service credit for which the 
firefighter has already
paid the additional contribution 
required under subsection (c) of Section
4-118.1), together 
with the required interest thereon, to receive a pension under 
this Section or an occupational disease disability pension for 
which he or she becomes eligible due to the application of 
subsection (m) of this Section, the firefighter must, within 
one year after the effective date of this amendatory Act of the 
93rd General Assembly, make an additional contribution equal 
to 11/12ths of 1% of
monthly salary for each month of service 
credit that the firefighter has in
that fund (other than 
service credit for which the firefighter has already
paid the 
additional contribution required under subsection (c) of 
Section
4-118.1), together with interest thereon at the rate 
of 6% per annum, compounded
annually, from the firefighter's 
first day of employment with that fund or the first day of the 
fiscal year of that fund that immediately precedes the 
firefighter's first day of employment with the fund, whichever 
is earlier. A firefighter who, as of the effective date of this 
amendatory Act of the 93rd General Assembly, has not begun to 
receive a pension under this Section or an occupational 
disease disability pension under subsection (m) of this 
Section and who has contributed 1/12th of 1% of monthly salary 
for each month of service credit that the firefighter has in

that fund (other than service credit for which the firefighter 
has already
paid the additional contribution required under 
subsection (c) of Section
4-118.1), together with the required 
interest thereon, in order to receive a pension under this 
Section or an occupational disease disability pension under 
subsection (m) of this Section, may elect, within one year 
after the effective date of this amendatory Act of the 93rd 
General Assembly to forfeit the benefits provided under this 
Section and receive a refund of that contribution.

    (j) A retired firefighter who is receiving pension 
payments under Section 4-109 may reenter active service under 
this Article. Subject to the provisions of Section 4-117, the 
firefighter may  receive credit for service performed after the 
reentry if the firefighter (1)  applies to receive credit for 
that service, (2) suspends his or her pensions under this 
Section,
and (3) makes the contributions required under 
subsection (i).

    (k) A firefighter who is newly hired or promoted to a 
position as a
firefighter shall not be denied participation in 
a fund under this Article
based on his or her age.
    (l) If a firefighter who elects to make contributions 
under subsection (c) of Section 4-118.1 for the pension 
benefits provided under this Section becomes entitled to a 
disability pension under Section 4-110, the last pension fund 
is responsible to pay that disability pension and the amount 
of that disability pension shall be based only on the 
firefighter's service with the last pension fund.
    (m) Notwithstanding any provision in Section 4-110.1 to 
the contrary, if a firefighter who elects to make 
contributions under subsection (c) of Section 4-118.1 for the 
pension benefits provided under this Section becomes entitled 
to an occupational disease disability pension under Section 
4-110.1, each pension fund to which  the firefighter has made  
contributions under subsection (c) of Section 4-118.1 must pay 
a portion of that occupational disease disability pension 
equal to the proportion that the firefighter's service credit 
with that pension fund for which the contributions under 
subsection (c) of Section 4-118.1 have been made bears to the 
firefighter's total service credit with all of the  pension 
funds for which the contributions under subsection (c) of 
Section 4-118.1 have been made. A firefighter who has made 
contributions under subsection (c) of Section 4-118.1 for at 
least 5 years of creditable service shall be deemed to have met 
the 5-year creditable service requirement under Section 
4-110.1, regardless of whether the firefighter has 5 years of 
creditable service with the last pension fund.
    (n) If a firefighter who elects to make contributions 
under subsection (c) of Section 4-118.1 for the pension 
benefits provided under this Section becomes entitled to a 
disability pension under Section 4-111, the last pension fund 
is responsible to pay that disability pension, provided that 
the firefighter has at least 7 years of creditable service 
with the last pension fund.
In the event a firefighter began 
employment with a new employer as a result of an 
intergovernmental agreement that resulted in the elimination 
of the previous employer's fire department, the firefighter 
shall not be required to have 7 years of creditable service 
with the last pension fund to qualify for a disability pension 
under Section 4-111. Under this circumstance, a firefighter 
shall be required to have 7 years of total combined creditable 
service time to qualify for a disability pension under Section 
4-111. The disability pension received pursuant to this 
Section shall be paid by the previous employer and new 
employer in proportion to the firefighter's years of service 
with each employer.

(Source: P.A. 95-1032, eff. 2-17-09; 95-1036, eff. 2-17-09.)

  
 
    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.