|
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
the effective date of |
this amendatory Act of the
93rd General Assembly, a firefighter |
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
|
Department of Insurance of the Department of Financial and |
Professional Regulation , within one year of
being hired, of his |
or her intent to receive the benefits provided under this |
Section
all periods of service of at
least one year under a |
pension fund established under this Article.
|
(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 1/12th 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 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.
time the service was rendered to |
the date of payment.
|
(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.
|
(Source: P.A. 93-689, eff. 7-1-04.)
|
(40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
|
Sec. 4-110. Disability pension - Line of duty. If a |
firefighter, as the
result of sickness, accident or injury |
incurred in or resulting from the
performance of an act of duty |
or from the cumulative effects of acts of duty,
is found, |
pursuant to Section 4-112, to be physically or mentally |
permanently
disabled for service in the fire department, so as |
to render necessary his or
her being placed on disability |
pension, the firefighter shall be entitled to
a disability |
pension equal to the greater of (1) 65% of the monthly
salary |
attached to the rank held by him or her in the fire department |
at the
date he or she is removed from the municipality's fire |
department payroll or
(2) the retirement pension that the |
firefighter would be eligible to receive
if he or she retired |
(but not including any automatic annual increase in that
|
retirement pension). A firefighter shall be considered "on |
duty" while on
any assignment approved by the chief of the fire |
department, even though away
from the municipality he or she |
serves as a firefighter, if the assignment
is related to the |
fire protection service of the municipality.
|
Such firefighter shall also be entitled to a child's |
disability benefit
of $20 a month on account of each unmarried |
child less than 18 years of age and
dependent upon the |
firefighter for support, either the issue of the firefighter
or |
legally adopted by him or her. The total amount of child's |
disability
benefit payable to the firefighter, when added to |
his or her disability
pension, shall not exceed 75% of the |
|
amount of salary which the
firefighter was receiving at the |
date of retirement.
|
Benefits payable on account of a child under this Section |
shall not
be reduced or terminated by reason of the child's |
attainment
of age 18 if he or she is then dependent by reason |
of a physical or mental
disability but shall continue to be |
paid as long as such dependency continues.
Individuals over the |
age of 18 and adjudged to be disabled persons pursuant to
|
Article XIa of the Probate Act of 1975, except for persons |
receiving benefits
under Article III of the Illinois Public Aid |
Code, shall be eligible to receive
benefits under this Act.
|
If a firefighter dies while still disabled and receiving a |
disability pension
under this Section, the disability pension |
shall continue to be paid to the
firefighter's survivors in the |
sequence provided in Section 4-114
but shall, from the date of |
death, become subject to
the requirements, including |
limitations on amount, that are provided for
pensions to |
survivors under Section 4-114. A pension previously granted
|
under Section 4-114 to a survivor of a firefighter who died |
while receiving a
disability pension under this Section shall |
be deemed to be a continuation
of the pension provided under |
this Section and shall be deemed to be
in the nature of |
worker's compensation payments. The changes to this Section
|
made by this amendatory Act of 1995 are intended to be |
retroactive and are not
limited to persons in service on or |
after its effective date.
|
(Source: P.A. 91-466, eff. 8-6-99.)
|
(40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1)
|
Sec. 4-110.1. Occupational disease disability pension.
|
The General Assembly finds that service in the fire department |
requires
firefighters in times of stress and danger to perform |
unusual tasks; that
firefighters are subject to exposure to |
extreme heat or extreme cold in certain
seasons while |
performing their duties; that they are required to work in the
|
midst of and are subject to heavy smoke fumes, and |
|
carcinogenic, poisonous,
toxic or chemical gases from fires; |
and that these conditions exist and
arise out of or in the |
course of employment.
|
An active firefighter with 5 or more years of creditable |
service who is
found, pursuant to Section 4-112, unable to |
perform his or her duties in the
fire department by reason of |
heart disease, stroke, tuberculosis, or
any disease of the |
lungs or respiratory tract, resulting from service as a
|
firefighter, is entitled to an occupational disease disability |
pension during
any period of such disability for which he or |
she has no right to receive
salary.
|
Any active firefighter who has completed 5 or more years
of |
service and is unable to perform his or her duties in the fire |
department
by reason of a disabling cancer, which develops or |
manifests itself during
a period while the firefighter is in |
the service of the fire department,
shall be entitled to |
receive an occupational disease disability benefit
during any |
period of such disability for which he or she does not have a
|
right to receive salary. In order to receive this occupational |
disease
disability benefit, (i) the type of cancer involved |
must be a type which
may be caused by exposure to heat, |
radiation or a known carcinogen as defined
by the International |
Agency for Research on Cancer and (ii) the cancer
must (and is |
rebuttably presumed to) arise as a result of service as a
|
firefighter.
|
A firefighter who enters the service after August 27, 1971 |
shall be
examined by one or more practicing physicians |
appointed by the board. If
the examination discloses impairment |
of the heart, lungs or respiratory
tract, or the existence of |
any cancer, the firefighter shall not be
entitled to the |
occupational disease disability pension unless and until a
|
subsequent examination reveals no such impairment or cancer.
|
The occupational disease disability pension shall be equal |
to the greater
of (1) 65% of the
salary attached to the rank |
held by the firefighter in the fire service at the
time of his |
or her removal from the municipality's fire department payroll |
|
or
(2) the retirement pension that the firefighter would be |
eligible to receive
if he or she retired (but not including any |
automatic annual increase in that
retirement pension).
|
The firefighter is also entitled to a child's disability |
benefit of $20 a
month for each natural or legally adopted |
unmarried child less than age 18
dependent upon the firefighter |
for support. The total child's disability
benefit when added to |
the occupational disease disability pension shall not
exceed |
75% of the firefighter's salary at the time of the grant of |
occupational
disease disability pension.
|
The occupational disease disability pension is payable to |
the firefighter
during the period of the disability. If the |
disability ceases before the
death of the firefighter, the |
disability pension payable under this Section
shall also cease |
and the firefighter thereafter shall receive such pension
|
benefits as are provided in accordance with other provisions of |
this Article.
|
If a firefighter dies while still disabled and receiving a |
disability
pension under this Section, the disability pension |
shall continue to be paid to
the firefighter's survivors in the |
sequence provided in Section 4-114
but shall, from the date of |
death, become subject
to the requirements, including |
limitations on amount, that are provided for
pensions to |
survivors under Section 4-114. A pension previously granted |
under
Section 4-114 to a survivor of a firefighter who died |
while receiving a
disability pension under this Section shall |
be deemed to be a continuation of
the pension provided under |
this Section and shall be deemed to be in the nature
of |
worker's occupational disease compensation payments. The |
changes to this
Section made by this amendatory Act of 1995 are |
intended to be retroactive and
are not limited to persons in |
service on or after its effective date.
|
The child's disability benefit shall terminate if the |
disability ceases
while the firefighter is alive or when the |
child or children attain
age 18 or marry, whichever event |
occurs first, except that benefits
payable on account of a |
|
child under this Section shall not be
reduced or terminated by |
reason of the child's attainment of age 18 if he
or she is then |
dependent by reason of a physical or mental disability
but |
shall continue to be paid as long as such dependency continues.
|
Individuals over the age of 18 and adjudged as a disabled |
person pursuant
to Article XIa of the Probate Act of 1975, |
except for persons receiving
benefits under Article III of the |
Illinois Public Aid Code, shall be
eligible to receive benefits |
under this Act.
|
(Source: P.A. 91-466, eff. 8-6-99.)
|
(40 ILCS 5/4-111) (from Ch. 108 1/2, par. 4-111)
|
Sec. 4-111. Disability pension - Not in duty. A firefighter |
having at least 7 years of creditable
service who becomes
|
disabled as a result of any cause other than an act of duty, |
and who is
found, pursuant to Section 4-112,
to be physically |
or mentally permanently disabled so
as to render necessary his |
or her being placed on disability pension,
shall be granted a |
disability pension of 50% of the monthly salary attached
to the |
rank held by the firefighter in the fire service at
the date he |
or she is removed from the municipality's fire department |
payroll. If a firefighter dies while still disabled and |
receiving a disability pension under this Section, the |
disability pension shall continue to be paid to the |
firefighter's survivors in the sequence provided in Section |
4-114 if that disability pension is greater than the survivors |
pension provided under subsection (a) of Section 4-114.
|
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
|
Sec. 4-114. Pension to survivors. If a firefighter who is |
not receiving a
disability pension under Section 4-110 or |
4-110.1 dies (1) as a result of any
illness or accident, or (2) |
from any cause while in receipt of a disability
pension under |
this Article, or (3) during retirement after 20 years service, |
or
(4) while vested for or in receipt of a pension payable |
|
under subsection (b)
of Section 4-109, or (5) while a deferred |
pensioner, having made all required
contributions, a pension |
shall be paid to his or her survivors, based on the
monthly |
salary attached to the firefighter's rank on the last day of |
service
in the fire department, as follows:
|
(a)(1) To the surviving spouse, a monthly pension of
|
40% of the monthly salary, and to the guardian of any minor |
child or
children including a child which has been |
conceived but not yet born, 12%
of such monthly salary for |
each such child until attainment of age 18 or
until the |
child's marriage, whichever occurs first. Beginning July |
1,
1993, the monthly pension to the surviving spouse shall |
be 54% of the
monthly salary for all persons receiving a |
surviving spouse pension under
this Article, regardless of |
whether the deceased firefighter was in service
on or after |
the effective date of this amendatory Act of 1993.
|
(2) Beginning July 1, 2004, unless the amount provided |
under paragraph (1) of this subsection (a) is greater, the |
total monthly pension payable under
this paragraph (a), |
including any amount payable on account of children, to the |
surviving spouse of a firefighter who died (i) while
|
receiving a retirement pension, (ii) while he or she was a |
deferred pensioner with at least 20 years of creditable |
service, or (iii) while he or she was in active service |
having at least 20 years of creditable service, regardless |
of age, including any amount payable on account of
|
children, shall be no less than 100% of the monthly |
retirement pension earned by
that
the deceased firefighter |
at the time of death, regardless of whether death occurs |
before or after attainment of age 50,
was receiving at the |
time of death, including any
increases under Section |
4-109.1. This minimum applies to all such surviving
spouses |
who are eligible to receive a surviving spouse pension, |
regardless of
whether the deceased firefighter was in |
service on or after the effective date
of this amendatory |
Act of the 93rd General Assembly, and notwithstanding any
|
|
limitation on maximum pension under paragraph (d) or any |
other provision of
this Article.
|
(3) If the pension paid on and after July 1, 2004 to |
the surviving spouse of a firefighter who died on or after |
July 1, 2004 and before the effective date of this |
amendatory Act of the 93rd General Assembly was less than |
the minimum pension payable under paragraph (1) or (2) of |
this subsection (a), the fund shall pay a lump sum equal to |
the difference within 90 days after the effective date of |
this amendatory Act of the 93rd General Assembly.
|
The pension to the surviving spouse shall terminate in the |
event of the
surviving spouse's remarriage prior to July 1, |
1993; remarriage on or after
that date does not affect the |
surviving spouse's pension, regardless of
whether the deceased |
firefighter was in service on or after the effective
date of |
this amendatory Act of 1993.
|
The surviving spouse's pension shall be subject to the |
minimum established
in Section 4-109.2.
|
(b) Upon the death of the surviving spouse leaving one or |
more minor
children, to the duly appointed guardian of each |
such child, for support
and maintenance of each such child |
until the child reaches age 18 or
marries, whichever occurs |
first, a monthly pension of 20% of the monthly
salary.
|
(c) If a deceased firefighter leaves no surviving spouse or |
unmarried
minor children under age 18, but leaves a dependent |
father or mother, to
each dependent parent a monthly pension of |
18% of the monthly salary. To
qualify for the pension, a |
dependent parent must furnish satisfactory proof
that the |
deceased firefighter was at the time of his or her death the |
sole
supporter of the parent or that the parent was the |
deceased's dependent for
federal income tax purposes.
|
(d) The total pension provided under paragraphs (a), (b) |
and (c) of this
Section shall not exceed 75% of the monthly |
salary of the deceased firefighter
(1) when paid to the |
survivor of a firefighter who has attained 20 or more
years of |
service credit and who receives or is eligible to receive a |
|
retirement
pension under this Article, or (2) when paid to the |
survivor of a firefighter
who dies as a result of illness or |
accident, or (3) when paid to the survivor
of a firefighter who |
dies from any cause while in receipt of a disability
pension |
under this Article, or (4) when paid to the survivor of a |
deferred
pensioner. For all other survivors of deceased |
firefighters, the total pension
provided under paragraphs (a), |
(b) and (c) of this Section shall not exceed 50%
of the |
retirement annuity the firefighter would have received on the |
date of
death.
|
The maximum pension limitations in this paragraph (d) do |
not control
over any contrary provision of this Article |
explicitly establishing a minimum
amount of pension or granting |
a one-time or annual increase in pension.
|
(e) If a firefighter leaves no eligible survivors under |
paragraphs (a),
(b) and (c), the board shall refund to the |
firefighter's estate the amount
of his or her accumulated |
contributions, less the amount of pension
payments, if any, |
made to the firefighter while living.
|
(f) An adopted child is eligible for the pension provided |
under
paragraph (a) if the child was adopted before the |
firefighter attained age 50.
|
(g) If a judgment of dissolution of marriage between a |
firefighter and
spouse is judicially set aside subsequent to |
the firefighter's death, the
surviving spouse is eligible for |
the pension provided in paragraph (a) only
if the judicial |
proceedings are filed within 2 years after the date of the
|
dissolution of marriage and within one year after the |
firefighter's death and
the board is made a party to the |
proceedings. In such case the pension shall be
payable only |
from the date of the court's order setting aside the judgment |
of
dissolution of marriage.
|
(h) Benefits payable on account of a child under this |
Section shall
not be reduced or terminated by reason of the |
child's attainment of age 18
if he or she is then dependent by |
reason of a physical or mental disability
but shall continue to |
|
be paid as long as such dependency continues.
Individuals over |
the age of 18 and adjudged as a disabled person pursuant
to |
Article XIa of the Probate Act of 1975, except for persons |
receiving
benefits under Article III of the Illinois Public Aid |
Code, shall be
eligible to receive benefits under this Act.
|
(i) Beginning January 1, 2000, the pension of the surviving |
spouse of
a firefighter who dies on or after January 1, 1994 as |
a result of sickness,
accident, or injury incurred in or |
resulting from the performance of an act of
duty or from the |
cumulative effects of acts of duty shall not be less than 100%
|
of the salary attached to the rank held by the deceased |
firefighter on the last
day of service, notwithstanding |
subsection (d) or any other provision of
this Article.
|
(j) Beginning July 1, 2004, the pension of the surviving |
spouse of
a firefighter who dies on or after January 1, 1988 as |
a result of sickness,
accident, or injury incurred in or |
resulting from the performance of an act of
duty or from the |
cumulative effects of acts of duty shall not be less than 100%
|
of the salary attached to the rank held by the deceased |
firefighter on the last
day of service, notwithstanding |
subsection (d) or any other provision of
this Article.
|
(Source: P.A. 93-689, eff. 7-1-04.)
|
Section 90. The State Mandates Act is amended by adding |
Section 8.28 as
follows:
|
(30 ILCS 805/8.28 new)
|
Sec. 8.28. 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 93rd General Assembly.
|
Section 99. Effective date. This Act takes effect upon |
becoming law. |