093_HB0508 LRB093 03927 EFG 03964 b 1 AN ACT in relation to public employee benefits. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Pension Code is amended by 5 changing Section 4-108 as follows: 6 (40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108) 7 Sec. 4-108. Creditable service. 8 (a) Creditable service is the time served as a 9 firefighter of a municipality. In computing creditable 10 service, furloughs and leaves of absence without pay 11 exceeding 30 days in any one year shall not be counted, but 12 leaves of absence for illness or accident regardless of 13 length, and periods of disability for which a firefighter 14 received no disability pension payments under this Article, 15 shall be counted. 16 (b) Furloughs and leaves of absence of 30 days or less 17 in any one year may be counted as creditable service, if the 18 firefighter makes the contribution to the fund that would 19 have been required had he or she not been on furlough or 20 leave of absence. To qualify for this creditable service, 21 the firefighter must pay the required contributions to the 22 fund not more than 90 days subsequent to the termination of 23 the furlough or leave of absence, to the extent that the 24 municipality has not made such contribution on his or her 25 behalf. 26 (c) Creditable service includes: 27 (1) Service in the military, naval or air forces of 28 the United States entered upon when the person was an 29 active firefighter, provided that, upon applying for a 30 permanent pension, and in accordance with the rules of 31 the board the firefighter pays into the fund the amount -2- LRB093 03927 EFG 03964 b 1 that would have been contributed had he or she been a 2 regular contributor during such period of service, if and 3 to the extent that the municipality which the firefighter 4 served made no such contributions in his or her behalf. 5 The total amount of such creditable service shall not 6 exceed 5 years, except that any firefighter who on July 7 1, 1973 had more than 5 years of such creditable service 8 shall receive the total amount thereof as of that date. 9 (2) Service prior to July 1, 1976 by a firefighter 10 initially excluded from participation by reason of age 11 who elected to participate and paid the required 12 contributions for such service. 13 (3) Up to 8 years of service by a firefighter as an 14 officer in a statewide firefighters' association when he 15 is on a leave of absence from a municipality's payroll, 16 provided that (i) the firefighter has at least 10 years 17 of creditable service as an active firefighter, (ii) the 18 firefighter contributes to the fund the amount that he 19 would have contributed had he remained an active member 20 of the fund, and (iii) the employee or statewide 21 firefighter association contributes to the fund an amount 22 equal to the employer's required contribution as 23 determined by the board. 24 (4) Time spent as an on-call fireman for a 25 municipality, calculated at the rate of one year of 26 creditable service for each 5 years of time spent as an 27 on-call fireman, provided that (i) the firefighter has at 28 least 18 years of creditable service as an active 29 firefighter, (ii) the firefighter spent at least 14 years 30 as an on-call firefighter for the municipality, (iii) the 31 firefighter applies for such creditable service within 30 32 days after the effective date of this amendatory Act of 33 1989, (iv) the firefighter contributes to the Fund an 34 amount representing employee contributions for the number -3- LRB093 03927 EFG 03964 b 1 of years of creditable service granted under this 2 subdivision (4), based on the salary and contribution 3 rate in effect for the firefighter at the date of entry 4 into the Fund, to be determined by the board, and (v) not 5 more than 3 years of creditable service may be granted 6 under this subdivision (4). 7 Creditable service shall not under any other 8 circumstances include time spent as a volunteer 9 firefighter, whether or not any compensation was received 10 therefor. The change made in this Section by Public Act 11 83-0463 is intended to be a restatement and clarification 12 of existing law, and does not imply that creditable 13 service was previously allowed under this Article for 14 time spent as a volunteer firefighter. 15 (5) Time served between July 1, 1976 and July 1, 16 1988 in the position of protective inspection officer or 17 administrative assistant for fire services, for a 18 municipality with a population under 10,000 that is 19 located in a county with a population over 3,000,000 and 20 that maintains a firefighters' pension fund under this 21 Article, if the position included firefighting duties, 22 notwithstanding that the person may not have held an 23 appointment as a firefighter, provided that application 24 is made to the pension fund within 30 days after the 25 effective date of this amendatory Act of 1991, and the 26 corresponding contributions are paid for the number of 27 years of service granted, based upon the salary and 28 contribution rate in effect for the firefighter at the 29 date of entry into the pension fund, as determined by the 30 Board. 31 (6) Service before becoming a participant by a 32 firefighter initially excluded from participation by 33 reason of age who becomes a participant under the 34 amendment to Section 4-107 made by this amendatory Act of -4- LRB093 03927 EFG 03964 b 1 1993 and pays the required contributions for such 2 service. 3 (7) Up to 3 years of time during which the 4 firefighter receives a disability pension under Section 5 4-110, 4-110.1, or 4-111, provided that (i) the 6 firefighter returns to active service after the 7 disability for a period at least equal to the period for 8 which credit is to be established and (ii) the 9 firefighter makes contributions to the fund based on the 10 rates specified in Section 4-118.1 and the salary upon 11 which the disability pension is based. These 12 contributions may be paid at any time prior to the 13 commencement of a retirement pension. The firefighter 14 may, but need not, elect to have the contributions 15 deducted from the disability pension or to pay them in 16 installments on a schedule approved by the board. If not 17 deducted from the disability pension, the contributions 18 shall include interest at the rate of 6% per year, 19 compounded annually, from the date for which service 20 credit is being established to the date of payment. If 21 contributions are paid under this subdivision (c)(7) in 22 excess of those needed to establish the credit, the 23 excess shall be refunded. This subdivision (c)(7) 24 applies to persons receiving a disability pension under 25 Section 4-110, 4-110.1, or 4-111 on the effective date of 26 this amendatory Act of the 91st General Assembly, as well 27 as persons who begin to receive such a disability pension 28 after that date. 29 (8) Service for which credits have been transferred 30 pursuant to Section 7-210(d). 31 (Source: P.A. 91-466, eff. 8-6-99.) 32 Section 90. The State Mandates Act is amended by adding 33 Section 8.27 as follows: -5- LRB093 03927 EFG 03964 b 1 (30 ILCS 805/8.27 new) 2 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6 3 and 8 of this Act, no reimbursement by the State is required 4 for the implementation of any mandate created by this 5 amendatory Act of the 93rd General Assembly. 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.