Rep. Dan Ugaste
Filed: 4/13/2021
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1 | AMENDMENT TO HOUSE BILL 381
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2 | AMENDMENT NO. ______. Amend House Bill 381 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Pension Code is amended by | ||||||
5 | changing Sections 3-110.12 and 4-108 as follows: | ||||||
6 | (40 ILCS 5/3-110.12) | ||||||
7 | Sec. 3-110.12. Transfer to Article 4 fund. | ||||||
8 | (a) At any time during the
6 months following the | ||||||
9 | effective date of this Section, an active member of an Article | ||||||
10 | 4 firefighters' pension fund may apply for transfer to that | ||||||
11 | fund of up to 6 years of his or her creditable service | ||||||
12 | accumulated
in the police pension fund under this Article that | ||||||
13 | is administered by the same unit of local government if that | ||||||
14 | active member was not subject to disciplinary action when he | ||||||
15 | or she terminated employment with that police department. The | ||||||
16 | creditable service shall be transferred upon payment by
the |
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1 | police pension fund to the Article 4 fund of an amount
equal | ||||||
2 | to: | ||||||
3 | (1) the amounts accumulated to the credit of the | ||||||
4 | applicant on the books
of the fund on the date of transfer | ||||||
5 | for the service to be transferred; and | ||||||
6 | (2) employer contributions in an amount equal to the | ||||||
7 | amount determined
under item (1); and | ||||||
8 | (3) any interest paid by the applicant in order to | ||||||
9 | reinstate service. | ||||||
10 | Participation in the police pension fund with respect to | ||||||
11 | the transferred creditable service shall terminate on the date | ||||||
12 | of transfer. | ||||||
13 | (a-5) At any time during the
6 months following the | ||||||
14 | effective date of this amendatory Act of the 102nd General | ||||||
15 | Assembly, an active member of an Article 4 firefighters' | ||||||
16 | pension fund may apply for transfer to that fund of up to 8 | ||||||
17 | years of his or her creditable service accumulated
in a police | ||||||
18 | pension fund under this Article that is administered by a unit | ||||||
19 | of local government if that active member was not subject to | ||||||
20 | disciplinary action when he or she terminated employment with | ||||||
21 | that police department. The creditable service shall be | ||||||
22 | transferred upon payment by
the police pension fund to the | ||||||
23 | Article 4 fund of an amount
equal to: | ||||||
24 | (1) the amounts accumulated to the credit of the | ||||||
25 | applicant on the books
of the fund on the date of transfer | ||||||
26 | for the service to be transferred; and |
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1 | (2) employer contributions in an amount equal to the | ||||||
2 | amount determined
under item (1); and | ||||||
3 | (3) any interest paid by the applicant in order to | ||||||
4 | reinstate service. | ||||||
5 | Participation in the police pension fund with respect to | ||||||
6 | the transferred creditable service shall terminate on the date | ||||||
7 | of transfer. | ||||||
8 | (b) At the time of applying for transfer of creditable | ||||||
9 | service under this Section, an active member of an Article 4 | ||||||
10 | firefighters' pension fund may, for the purpose of that | ||||||
11 | transfer, reinstate creditable service that was
terminated by | ||||||
12 | receipt of a refund, by payment to the police pension fund of | ||||||
13 | the
amount of the refund with interest thereon at the rate of | ||||||
14 | 6% per year,
compounded annually, from the date of the refund | ||||||
15 | to the date of payment.
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16 | (Source: P.A. 100-544, eff. 11-8-17.)
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17 | (40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
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18 | Sec. 4-108. Creditable service.
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19 | (a) Creditable service is the time served as a firefighter | ||||||
20 | of a
municipality. In computing creditable service, furloughs | ||||||
21 | and leaves of
absence without pay exceeding 30 days in any one | ||||||
22 | year shall not be counted,
but leaves of absence for illness or | ||||||
23 | accident regardless of length, and
periods of disability for | ||||||
24 | which a firefighter received no disability
pension payments | ||||||
25 | under this Article, shall be counted.
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1 | (b) Furloughs and leaves of absence of 30 days or less in | ||||||
2 | any one year may
be counted as creditable service, if the | ||||||
3 | firefighter makes the contribution
to the fund that would have | ||||||
4 | been required had he or she not been
on furlough or leave of | ||||||
5 | absence. To qualify for this creditable service,
the | ||||||
6 | firefighter must pay the required contributions to the fund | ||||||
7 | not more
than 90 days subsequent to the termination of the | ||||||
8 | furlough or leave of
absence, to the extent that the | ||||||
9 | municipality has not made such contribution
on his or her | ||||||
10 | behalf.
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11 | (c) Creditable service includes:
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12 | (1) Service in the military, naval or air forces of | ||||||
13 | the
United States entered upon when the person was an | ||||||
14 | active
firefighter, provided
that, upon applying for a | ||||||
15 | permanent pension, and in accordance with the
rules of the | ||||||
16 | board the firefighter pays into the fund the amount that | ||||||
17 | would
have been contributed had he or she been a regular | ||||||
18 | contributor during such
period of service, if and to the | ||||||
19 | extent that the municipality which the
firefighter served | ||||||
20 | made no such contributions in his or her behalf. The
total | ||||||
21 | amount of such creditable service shall not exceed 5 | ||||||
22 | years, except
that any firefighter who on July 1, 1973 had | ||||||
23 | more than 5 years of such
creditable service shall receive | ||||||
24 | the total amount thereof as of that date.
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25 | (1.5) Up to 24 months of service in the military, | ||||||
26 | naval, or air forces of the United States that was served |
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1 | prior to employment by a municipality or fire protection | ||||||
2 | district as a firefighter. To receive the credit for the | ||||||
3 | military service prior to the employment as a firefighter, | ||||||
4 | the firefighter must apply in writing to the fund and must | ||||||
5 | make contributions to the fund equal to (i) the employee | ||||||
6 | contributions that would have been required had the | ||||||
7 | service been rendered as a member, plus (ii) an amount | ||||||
8 | determined by the fund to be equal to the employer's | ||||||
9 | normal cost of the benefits accrued for that military | ||||||
10 | service, plus (iii) interest at the actuarially assumed | ||||||
11 | rate provided by the Department of Financial and | ||||||
12 | Professional Regulation, compounded annually from the | ||||||
13 | first date of membership in the fund to the date of payment | ||||||
14 | on items (i) and (ii). The changes to this paragraph (1.5) | ||||||
15 | by this amendatory Act of the 95th General Assembly apply | ||||||
16 | only to participating employees in service on or after its | ||||||
17 | effective date. | ||||||
18 | (2) Service prior to July 1, 1976 by a firefighter | ||||||
19 | initially excluded
from participation by reason of age who | ||||||
20 | elected to participate and paid
the required contributions | ||||||
21 | for such service.
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22 | (3) Up to 8 years of service by a firefighter as an | ||||||
23 | officer in a statewide
firefighters' association when he | ||||||
24 | is on a leave of absence from a
municipality's payroll, | ||||||
25 | provided that (i) the firefighter has at least 10
years of | ||||||
26 | creditable service as an active firefighter, (ii) the |
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1 | firefighter
contributes to the fund the amount that he | ||||||
2 | would have contributed had he
remained an active member of | ||||||
3 | the fund, (iii) the employee or statewide
firefighter | ||||||
4 | association contributes to the fund an amount equal to the
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5 | employer's required contribution as determined by the | ||||||
6 | board, and (iv) for all leaves of absence under this | ||||||
7 | subdivision (3), including those beginning before the | ||||||
8 | effective date of this amendatory Act of the 97th General | ||||||
9 | Assembly, the firefighter continues to remain in sworn | ||||||
10 | status, subject to the professional standards of the | ||||||
11 | public employer or those terms established in statute.
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12 | (4) Time spent as an on-call fireman for a | ||||||
13 | municipality,
calculated at the rate of one year of | ||||||
14 | creditable service for each 5 years
of time spent as an | ||||||
15 | on-call fireman, provided that (i) the firefighter has
at | ||||||
16 | least 18 years of creditable service as an active | ||||||
17 | firefighter, (ii) the
firefighter spent at least 14 years | ||||||
18 | as an on-call firefighter for the
municipality, (iii) the | ||||||
19 | firefighter applies for such creditable service
within 30 | ||||||
20 | days after the effective date of this amendatory Act of | ||||||
21 | 1989,
(iv) the firefighter contributes to the Fund an | ||||||
22 | amount representing
employee contributions for the number | ||||||
23 | of years of creditable service
granted under this | ||||||
24 | subdivision (4), based on the salary and contribution
rate | ||||||
25 | in effect for the firefighter at the date of entry into the | ||||||
26 | Fund, to
be determined by the board, and (v) not more than |
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1 | 3 years of creditable
service may be granted under this | ||||||
2 | subdivision (4).
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3 | Except as provided in Section 4-108.5, creditable | ||||||
4 | service shall not
include time
spent as a volunteer | ||||||
5 | firefighter, whether or not any compensation was received
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6 | therefor. The change made in this Section by Public Act | ||||||
7 | 83-0463 is intended
to be a restatement and clarification | ||||||
8 | of existing law, and does not imply
that creditable | ||||||
9 | service was previously allowed under this Article for time
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10 | spent as a volunteer firefighter.
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11 | (5) Time served between July 1, 1976 and July 1, 1988 | ||||||
12 | in
the position of protective inspection officer or | ||||||
13 | administrative assistant
for fire services, for a | ||||||
14 | municipality with a population under 10,000 that is
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15 | located in a county with a population over 3,000,000 and | ||||||
16 | that maintains a
firefighters' pension fund under this | ||||||
17 | Article, if the position included
firefighting duties, | ||||||
18 | notwithstanding that the person may not have held an
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19 | appointment as a firefighter, provided that application is | ||||||
20 | made to the
pension fund within 30 days after the | ||||||
21 | effective date of this amendatory Act
of 1991, and the | ||||||
22 | corresponding contributions are paid for the number of
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23 | years of service granted, based upon the salary and | ||||||
24 | contribution rate in
effect for the firefighter at the | ||||||
25 | date of entry into the pension fund, as
determined by the | ||||||
26 | Board.
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1 | (6) Service before becoming a participant by a | ||||||
2 | firefighter initially
excluded from participation by | ||||||
3 | reason of age who becomes a participant
under the | ||||||
4 | amendment to Section 4-107 made by this amendatory Act of | ||||||
5 | 1993 and
pays the required contributions for such service.
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6 | (7) Up to 3 years of time during which the firefighter | ||||||
7 | receives a
disability pension under Section 4-110, | ||||||
8 | 4-110.1, or 4-111, provided that (i)
the firefighter | ||||||
9 | returns to active service after the disability for a | ||||||
10 | period at
least equal to the period for which credit is to | ||||||
11 | be established and (ii) the
firefighter makes | ||||||
12 | contributions to the fund based on the rates specified in
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13 | Section 4-118.1 and the salary upon which the disability | ||||||
14 | pension is based.
These contributions may be paid at any | ||||||
15 | time prior to the commencement of a
retirement pension. | ||||||
16 | The firefighter may, but need not, elect to have the
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17 | contributions deducted from the disability pension or to | ||||||
18 | pay them in
installments on a schedule approved by the | ||||||
19 | board. If not deducted from the
disability pension, the | ||||||
20 | contributions
shall include interest at the rate of 6% per | ||||||
21 | year, compounded annually, from
the date for which service | ||||||
22 | credit is being established to the date of payment.
If | ||||||
23 | contributions are paid under this subdivision (c)(7) in | ||||||
24 | excess of those
needed to establish the credit, the excess | ||||||
25 | shall be refunded. This
subdivision (c)(7) applies to | ||||||
26 | persons receiving a disability pension under
Section |
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1 | 4-110, 4-110.1, or 4-111 on the effective date of this | ||||||
2 | amendatory Act
of the 91st General Assembly, as well as | ||||||
3 | persons who begin to receive such a
disability pension | ||||||
4 | after that date.
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5 | (8) Up to 6 years of service as a police officer and | ||||||
6 | participant in an Article 3 police pension fund | ||||||
7 | administered by the unit of local government that employs | ||||||
8 | the firefighter under this Article, provided that the | ||||||
9 | service has been transferred to, and the required payment | ||||||
10 | received by, the Article 4 fund in accordance with | ||||||
11 | subsection (a) of Section 3-110.12 of this Code. | ||||||
12 | (9) Up to 8 years of service as a police officer and
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13 | participant in an Article 3 police pension fund | ||||||
14 | administered by a unit of local government, provided that | ||||||
15 | the service has been transferred to, and the required | ||||||
16 | payment received by, the Article 4 fund in accordance with | ||||||
17 | subsection (a-5) of Section 3-110.12 of this Code. | ||||||
18 | (Source: P.A. 100-544, eff. 11-8-17.)
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19 | Section 90. The State Mandates Act is amended by adding | ||||||
20 | Section 8.45 as follows: | ||||||
21 | (30 ILCS 805/8.45 new) | ||||||
22 | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and | ||||||
23 | 8 of this Act, no reimbursement by the State is required for | ||||||
24 | the implementation of any mandate created by this amendatory |
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1 | Act of the 102nd General Assembly.
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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