HB2524 104TH GENERAL ASSEMBLY

LRB104 08204 RPS 18254 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2524

Introduced 2/4/2025, by Rep. Mary Beth Canty

SYNOPSIS AS INTRODUCED:

40 ILCS 5/4-106	from Ch. 108 1/2, par. 4-106
30 ILCS 805/8.49 new

Amends the Downstate Firefighter Article of the Illinois Pension Code. Includes in the definition of "firefighter", a person employed in a municipality's or fire protection district's fire service as a de facto firefighter. Provides that "de facto firefighter" means a firefighter who spends a majority of the firefighter's working time participating in the work of controlling and extinguishing fires at the location of any such fires, preparing for such work or waiting to respond to such calls for work and whose scheduled or actual work hours are commensurate in duration and frequency with certain firefighters. Provides that "de facto firefighter" does not include part-time firefighters who are not otherwise covered; auxiliary, reserve, or voluntary firefighters, including paid-on-call firefighters; and clerks, dispatchers, or other civilian employees of a fire department or fire protection district who are not routinely expected to perform firefighter duties. Provides that the changes made by the amendatory Act do not affect persons covered by the Article before the effective date of the amendatory Act. Makes a conforming change. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

A BILL FOR

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 4-106 as follows:

(40 ILCS 5/4-106) (from Ch. 108 1/2, par. 4-106)

Sec. 4-106. Firefighter, firefighters. "Firefighter, firefighters":

(a) In municipalities which have adopted Division 1 of Article 10 of the Illinois Municipal Code, any person employed in the municipality's fire service as a firefighter, fire engineer, marine engineer, fire pilot, bomb technician or scuba diver; and in any of these positions where such person's duties also include those of a firefighter as classified by the Civil Service Commission of that city, and whose duty is to participate in the work of controlling and extinguishing fires at the location of any such fires.

(b) In municipalities which are subject to Division 2.1 of Article 10 of the Illinois Municipal Code, any person employed by a city in its fire service as a firefighter, fire engineer, marine engineer, fire pilot, bomb technician, or scuba diver; and, in any of these positions whose duties also include those of a firefighter and are certified in the same manner as a firefighter in that city.

(c) Any person employed in a municipality's or fire protection district's fire service as a de facto firefighter.

In this definition, "de facto firefighter" means a firefighter:

(1) who spends a majority of the firefighter's working time participating in the work of controlling and extinguishing fires at the location of any such fires, preparing for such work or waiting to respond to such calls for work; and

(2) whose scheduled or actual work hours are commensurate in duration and frequency with firefighters who are subject to Division 1 or Division 2.1 of Article 10 of the Illinois Municipal Code.

"De facto firefighter" does not include part-time firefighters who are not covered under this Section; auxiliary, reserve, or voluntary firefighters, including paid-on-call firefighters; and clerks, dispatchers, or other civilian employees of a fire department or fire protection district who are not routinely expected to perform firefighter duties. In municipalities which are subject to neither Division 1 nor Division 2.1 of Article 10 of the Illinois Municipal Code, any person who would have been included as a firefighter under sub-paragraph (a) or (b) above except that he served as a de facto and not as a de jure firefighter.

(d) Notwithstanding the other provisions of this Section, "firefighter" does not include any person who is actively participating in the State Universities Retirement System under subsection (h) of Section 15-107 with respect to the employment for which he or she is a participating employee in that System.

(e) This amendatory Act of 1977 does not affect persons covered by this Article prior to September 22, 1977.

The changes made to this Section by this amendatory Act of the 104th General Assembly do not affect persons covered by this Article before the effective date of this amendatory Act of the 104th General Assembly.

(Source: P.A. 90-576, eff. 3-31-98.)

Section 90. The State Mandates Act is amended by adding Section 8.49 as follows:

(30 ILCS 805/8.49 new)

Sec. 8.49. 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 104th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.