HB4117 104TH GENERAL ASSEMBLY

LRB104 15163 RPS 28307 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4117

Introduced 10/15/2025, by Rep. Michael J. Kelly - Stephanie A. Kifowit

SYNOPSIS AS INTRODUCED:

40 ILCS 5/4-106	from Ch. 108 1/2, par. 4-106
40 ILCS 5/4-138.15 new
40 ILCS 5/6-232 new
40 ILCS 5/7-109.3	from Ch. 108 1/2, par. 7-109.3
30 ILCS 805/8.49 new

Amends the Illinois Pension Code. In the Downstate Firefighter Article, 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. Defines "de facto firefighter". Provides that the Retirement Systems Reciprocal Act (Article 20 of the Code) is adopted and made a part of the Downstate Firefighter Article and the Chicago Firefighter Article, but only with respect to a person who, on or after the effective date of the amendatory Act, is entitled to begin receiving a retirement annuity or survivor's annuity and who elects to proceed under the Retirement Systems Reciprocal Act. In the Illinois Municipal Retirement Fund (IMRF) Article, authorizes sheriff's law enforcement employee (SLEP) status for a person who is not eligible to participate in a downstate firefighter fund and is employed on a full-time basis by a participating municipality to perform duties as a paramedic, emergency medical technician (EMT), emergency medical technician-intermediate (EMT-I), or advanced emergency medical technician (A-EMT); but only if the governing authority of that municipality has approved sheriff's law enforcement employee status for such employees by adoption of an affirmative resolution. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

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 Sections 4-106 and 7-109.3 and by adding Sections 4-138.15 and 6-232 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.)

(40 ILCS 5/4-138.15 new)

Sec. 4-138.15. Retirement Systems Reciprocal Act. The Retirement Systems Reciprocal Act, Article 20 of this Code, is adopted and made a part of this Article, but only with respect to a person who, on or after the effective date of this amendatory Act of the 104th General Assembly, is entitled under this Article to begin receiving a retirement annuity or survivor's annuity (as those terms are defined in Article 20) and who elects to proceed under the Retirement Systems Reciprocal Act.

(40 ILCS 5/6-232 new)

Sec. 6-232. Retirement Systems Reciprocal Act. The Retirement Systems Reciprocal Act, Article 20 of this Code, is adopted and made a part of this Article, but only with respect to a person who, on or after the effective date of this amendatory Act of the 104th General Assembly, is entitled under this Article to begin receiving a retirement annuity or survivor's annuity (as those terms are defined in Article 20) and who elects to proceed under the Retirement Systems Reciprocal Act.

(40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)

Sec. 7-109.3. "Sheriff's Law Enforcement Employees".

(a) "Sheriff's law enforcement employee" or "SLEP" means:

(1) A county sheriff and all deputies, other than special deputies, employed on a full time basis in the office of the sheriff.

(2) A person who has elected to participate in this Fund under Section 3-109.1 of this Code, and who is employed by a participating municipality to perform police duties.

(3) A law enforcement officer employed on a full time basis by a Forest Preserve District, provided that such officer shall be deemed a "sheriff's law enforcement employee" for the purposes of this Article, and service in that capacity shall be deemed to be service as a sheriff's law enforcement employee, only if the board of commissioners of the District have so elected by adoption of an affirmative resolution. Such election, once made, may not be rescinded.

(4) A person not eligible to participate in a fund established under Article 3 of this Code who is employed on a full-time basis by a participating municipality or participating instrumentality to perform police duties at an airport, but only if the governing authority of the employer has approved sheriff's law enforcement employee status for its airport police employees by adoption of an affirmative resolution. Such approval, once given, may not be rescinded.

(5) A person first hired on or after January 1, 2011 who (i) is employed by a participating municipality that has both 30 or more full-time police officers and 50 or more full-time firefighters and has not established a fund under Article 3 or Article 4 of this Code and (ii) is employed on a full-time basis by that participating municipality to perform police duties or firefighting and EMS duties; but only if the governing authority of that municipality has approved sheriff's law enforcement employee status for its police officer or firefighter employees by adoption of an affirmative resolution. The resolution must specify that SLEP status shall be applicable to such employment occurring on or after the adoption of the resolution. Such resolution shall be irrevocable, but shall automatically terminate upon the establishment of an Article 3 or 4 fund by the municipality.

(6) A person who is not eligible to participate in a fund established under Article 4 and is employed on a full-time basis by a participating municipality to perform duties as a paramedic, emergency medical technician (EMT), emergency medical technician-intermediate (EMT-I), or advanced emergency medical technician (A-EMT); but only if the governing authority of that municipality has approved sheriff's law enforcement employee status for such employees by adoption of an affirmative resolution. The resolution must specify that SLEP status shall be applicable to such employment occurring on or after the adoption of the resolution. Such resolution shall be irrevocable.

(b) An employee who is a sheriff's law enforcement employee and is granted military leave or authorized leave of absence shall receive service credit in that capacity. Sheriff's law enforcement employees shall not be entitled to out-of-State service credit under Section 7-139.

(Source: P.A. 100-354, eff. 8-25-17; 100-1097, eff. 8-26-18.)

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.