HB5936 99TH GENERAL ASSEMBLY

LRB099 16155 RPS 40481 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5936

Introduced , by Rep. Grant Wehrli

SYNOPSIS AS INTRODUCED:

40 ILCS 5/3-124.1	from Ch. 108 1/2, par. 3-124.1
40 ILCS 5/4-117	from Ch. 108 1/2, par. 4-117

Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code. Provides that if a person who is receiving a pension re-enters active service with the same municipality, including a police chief who elects to participate in the Illinois Municipal Retirement Fund, or becomes a full-time employee in the same municipality, his or her pension payment shall be suspended while he or she is in active service or is employed by that municipality. In the Downstate Firefighter Article, provides that if the firefighter again retires and was in active service for 5 or more years (instead of 3 or more years), his or her monthly pension shall be based on the salary attached to the firefighter's rank at the date of last retirement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT 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 3-124.1 and 4-117 as follows:

(40 ILCS 5/3-124.1) (from Ch. 108 1/2, par. 3-124.1)

Sec. 3-124.1. Re-entry into active service. If a police officer who is receiving pension payments other than as provided in Section 3-109.3 re-enters active service in the same municipality, including under the provisions of subsection (a) of Section 3-109.1, or becomes a full-time employee in the same municipality, pension payment shall be suspended while he or she is in service or is employed by that municipality. When he or she again retires, pension payments shall be resumed. If the police officer remains in service after re-entry for a period of less than 5 years, the pension shall be the same as upon first retirement. If the officer's service after re-entry is at least 5 years and the officer makes the required contributions during the period of re-entry, his or her pension shall be recomputed by taking into account the additional period of service and salary.

(Source: P.A. 91-939, eff. 2-1-01.)

(40 ILCS 5/4-117) (from Ch. 108 1/2, par. 4-117)

Sec. 4-117. Reentry into active service. (a) If a firefighter receiving pension payments reenters active service in the same municipality or becomes a full-time employee in the same municipality, pension payments shall be suspended while he or she is in service or is employed by that municipality. If the firefighter again retires or is discharged, his or her monthly pension shall be resumed in the same amount as was paid upon first retirement or discharge unless he or she remained in active service 5 3 or more years after re-entry in which case the monthly pension shall be based on the salary attached to the firefighter's rank at the date of last retirement.

(b) If a deferred pensioner re-enters active service, and again retires or is discharged from the fire service, his or her pension shall be based on the salary attached to the rank held in the fire service at the date of earlier retirement, unless the firefighter remains in active service for 5 3 or more years after re-entry, in which case the monthly pension shall be based on the salary attached to the firefighter's rank at the date of last retirement.

(c) If a pensioner or deferred pensioner re-enters or is recalled to active service and is thereafter injured, and the injury is not related to an injury for which he or she was previously receiving a disability pension, the 5-year 3 year service requirement shall not apply in order for the firefighter to qualify for the increased pension based on the rate of pay at the time of the new injury.

(Source: P.A. 83-1440.)

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