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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||
5 | Section 4-108 as follows:
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6 | (40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
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7 | Sec. 4-108. Creditable service.
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8 | (a) Creditable service is the time served as a firefighter | ||||||||||||||||||||||||
9 | of a
municipality. In computing creditable service, furloughs | ||||||||||||||||||||||||
10 | and leaves of
absence without pay exceeding 30 days in any one | ||||||||||||||||||||||||
11 | year shall not be counted,
but leaves of absence for illness or | ||||||||||||||||||||||||
12 | accident regardless of length, and
periods of disability for | ||||||||||||||||||||||||
13 | which a firefighter received no disability
pension payments | ||||||||||||||||||||||||
14 | under this Article, shall be counted.
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15 | (b) Furloughs and leaves of absence of 30 days or less in | ||||||||||||||||||||||||
16 | any one year may
be counted as creditable service, if the | ||||||||||||||||||||||||
17 | firefighter makes the contribution
to the fund that would have | ||||||||||||||||||||||||
18 | been required had he or she not been
on furlough or leave of | ||||||||||||||||||||||||
19 | absence. To qualify for this creditable service,
the | ||||||||||||||||||||||||
20 | firefighter must pay the required contributions to the fund not | ||||||||||||||||||||||||
21 | more
than 90 days subsequent to the termination of the furlough | ||||||||||||||||||||||||
22 | or leave of
absence, to the extent that the municipality has | ||||||||||||||||||||||||
23 | not made such contribution
on his or her behalf.
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1 | (c) Creditable service includes:
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2 | (1) Service in the military, naval or air forces of the
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3 | United States entered upon when the person was an active
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4 | firefighter, provided
that, upon applying for a permanent | ||||||
5 | pension, and in accordance with the
rules of the board the | ||||||
6 | firefighter pays into the fund the amount that would
have | ||||||
7 | been contributed had he or she been a regular contributor | ||||||
8 | during such
period of service, if and to the extent that | ||||||
9 | the municipality which the
firefighter served made no such | ||||||
10 | contributions in his or her behalf. The
total amount of | ||||||
11 | such creditable service shall not exceed 5 years, except
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12 | that any firefighter who on July 1, 1973 had more than 5 | ||||||
13 | years of such
creditable service shall receive the total | ||||||
14 | amount thereof as of that date.
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15 | (2) Service prior to July 1, 1976 by a firefighter | ||||||
16 | initially excluded
from participation by reason of age who | ||||||
17 | elected to participate and paid
the required contributions | ||||||
18 | for such service.
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19 | (3) Up to 8 years of service by a firefighter as an | ||||||
20 | officer in a statewide
firefighters' association when he is | ||||||
21 | on a leave of absence from a
municipality's payroll, | ||||||
22 | provided that (i) the firefighter has at least 10
years of | ||||||
23 | creditable service as an active firefighter, (ii) the | ||||||
24 | firefighter
contributes to the fund the amount that he | ||||||
25 | would have contributed had he
remained an active member of | ||||||
26 | the fund, and (iii) the employee or statewide
firefighter |
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1 | association contributes to the fund an amount equal to the
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2 | employer's required contribution as determined by the | ||||||
3 | board.
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4 | (4) Time spent as an on-call firefighter
fireman for a | ||||||
5 | municipality,
township, or fire district calculated at the | ||||||
6 | rate of one year of creditable service for each 5 years
of | ||||||
7 | time spent as an on-call firefighter
fireman , provided that | ||||||
8 | (i) the firefighter has
at least 5
18 years of creditable | ||||||
9 | service as an active firefighter, (ii) the
firefighter | ||||||
10 | spent at least 5
14 years as an on-call firefighter for a
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11 | the
municipality, township, or fire district, (iii) the | ||||||
12 | employing municipality consents to the purchase of | ||||||
13 | additional creditable service,
the firefighter applies for | ||||||
14 | such creditable service
within 30 days after the effective | ||||||
15 | date of this amendatory Act of 1989,
(iv) the firefighter | ||||||
16 | contributes to the Fund an amount representing
employee | ||||||
17 | contributions for the number of years of creditable service
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18 | granted under this subdivision (4), based on the salary and | ||||||
19 | contribution
rate in effect for the firefighter at the date | ||||||
20 | of entry into the Fund, to
be determined by the board, and | ||||||
21 | (v) not more than 3 years of creditable
service may be | ||||||
22 | granted under this subdivision (4). As used in this | ||||||
23 | subdivision (4), "on-call firefighter" includes any | ||||||
24 | firefighter, whether or not he or she is compensated, who | ||||||
25 | is not qualified to participate in a pension fund | ||||||
26 | established under this Code in that capacity.
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1 | Except as provided in Section 4-108.5, creditable | ||||||
2 | service shall not
include time
spent as a volunteer | ||||||
3 | firefighter, whether or not any compensation was received
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4 | therefor. The change made in this Section by Public Act | ||||||
5 | 83-0463 is intended
to be a restatement and clarification | ||||||
6 | of existing law, and does not imply
that creditable service | ||||||
7 | was previously allowed under this Article for time
spent as | ||||||
8 | a volunteer firefighter.
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9 | (5) Time served between July 1, 1976 and July 1, 1988 | ||||||
10 | in
the position of protective inspection officer or | ||||||
11 | administrative assistant
for fire services, for a | ||||||
12 | municipality with a population under 10,000 that is
located | ||||||
13 | in a county with a population over 3,000,000 and that | ||||||
14 | maintains a
firefighters' pension fund under this Article, | ||||||
15 | if the position included
firefighting duties, | ||||||
16 | notwithstanding that the person may not have held an
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17 | appointment as a firefighter, provided that application is | ||||||
18 | made to the
pension fund within 30 days after the effective | ||||||
19 | date of this amendatory Act
of 1991, and the corresponding | ||||||
20 | contributions are paid for the number of
years of service | ||||||
21 | granted, based upon the salary and contribution rate in
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22 | effect for the firefighter at the date of entry into the | ||||||
23 | pension fund, as
determined by the Board.
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24 | (6) Service before becoming a participant by a | ||||||
25 | firefighter initially
excluded from participation by | ||||||
26 | reason of age who becomes a participant
under the amendment |
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1 | to Section 4-107 made by this amendatory Act of 1993 and
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2 | pays the required contributions for such service.
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3 | (7) Up to 3 years of time during which the firefighter | ||||||
4 | receives a
disability pension under Section 4-110, | ||||||
5 | 4-110.1, or 4-111, provided that (i)
the firefighter | ||||||
6 | returns to active service after the disability for a period | ||||||
7 | at
least equal to the period for which credit is to be | ||||||
8 | established and (ii) the
firefighter makes contributions | ||||||
9 | to the fund based on the rates specified in
Section 4-118.1 | ||||||
10 | and the salary upon which the disability pension is based.
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11 | These contributions may be paid at any time prior to the | ||||||
12 | commencement of a
retirement pension. The firefighter may, | ||||||
13 | but need not, elect to have the
contributions deducted from | ||||||
14 | the disability pension or to pay them in
installments on a | ||||||
15 | schedule approved by the board. If not deducted from the
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16 | disability pension, the contributions
shall include | ||||||
17 | interest at the rate of 6% per year, compounded annually, | ||||||
18 | from
the date for which service credit is being established | ||||||
19 | to the date of payment.
If contributions are paid under | ||||||
20 | this subdivision (c)(7) in excess of those
needed to | ||||||
21 | establish the credit, the excess shall be refunded. This
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22 | subdivision (c)(7) applies to persons receiving a | ||||||
23 | disability pension under
Section 4-110, 4-110.1, or 4-111 | ||||||
24 | on the effective date of this amendatory Act
of the 91st | ||||||
25 | General Assembly, as well as persons who begin to receive | ||||||
26 | such a
disability pension after that date.
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1 | (Source: P.A. 94-856, eff. 6-15-06.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
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